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HomeMy WebLinkAbout99-06356 j $M „r ly" ` S 's JR . Bp , ll' y, ma -aL r:: te lip ^4k. l a i i • J n oll 1' a r r, C IL d C" Q Ql O Cn Cr% rU d 0 m ul 00 * : CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. qq- U35t:o Cu.?9 Term CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE - COMPLAINT 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 (717) 249-3166 NOTICIA Le han demandado a usted an la corte. Si usted guicrc defcndcrse de estas demandas cxpuestas cn ]as paginas siguicntcs, usted tiene viente (20) dias de plazo al partir de la fecha do la demanda y la notificacion. Ustcd dcbe prcscntar una apariencia cscrita o cn persona o por abogado y archivar en la coue en forma cscrita sus defcnsas o sus objcciones a las demandas cn contra de su persona. Sea avisado gue si usted no se defienda, In torte tomam medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier gucja o alivio gue es pedido en la petition do demanda. Usted puede perder dinero o sus propiedades o otros derechos importances pant usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUNENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. I -1 - Cn 35Cn Cum TQj\n CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiffs, Clairessa Herr and Kirby Herr, are adult individuals who reside at 194 York Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Kazimiera Kaczerski, is an adult individual who resides at 120 South Baltimore Street, Dillsburg, York County, Pennsylvania, 17019. 3. The Defendant Ward Trucking Corporation is a Pennsylvania corporation with an office and place of business located at Z' Avenue and T° Streets, Altoona, Pennsylvania. BACKGROUND 4. On October 27, 1997 at approximately 8:00 a.m. the Plaintiff Clairessa Herr was driving her 1988 Dodge Daytona with a Vehicle Identification Number of IB3XA44KOJG455388. 5. On that same date the Defendant Kazimierz Kaczcrski was operating a 1997 Toyota Camry with a Vehicle Identification Number of 4T1 BG22K5VU 149532. The Toyota Camry was leased by Ward Trucking Corporation and upon information and belief was provided to its employee Mr. Kaczerski for his use while conducting Ward's business. 6. The Plaintiff Clairessa Herr was traveling south on South Market Street (Route 114) in Cumberland County. Mrs. Herr had turned on her left hand turn signal, brought her vehicle to a safe stop and was preparing to turn left into a parking area. 7. The Defendant Kazimiera Kaczerski was also traveling south on South Market Street (Route 114) and was directly behind the Plaintiff Clairessa Herr. 8. Without regard to the Plaintiff Clairessa}Icresautomobile which waslawfully stopped on South Market Street, the Defendant Kazimierz Kaczerski drove his automobile into the rear of Clairessa Herr's automobile. 9. At all times relevant to the causes of action stated in this Complaint, the Defendant Kazimierz Kaczerski was about the business of, or was the employee or agent of, the Defendant Ward Trucking Corporation. COUNTI Clairessa Herr v. Kazimierz Kaczerski & Ward Trucking Corporation 10. The impact of the collision caused the Clairessa Herr's head and body to move violently forward and backward and caused her chest to strike the steering wheel. 11. The collision and all of the hereinafter mentioned injuries and damages sustained by the Plaintiff Clairessa Herr are the direct result of the carelessness, recklessness and negligence of the Defendant Kazimicrz Kaczerski and his principal/employer Ward Trucking Corporation as more particularly described below. a.) In failing to stop his vehicle before colliding with the vehicle in which the Plaintiff was driving. b.) in failing to keep alert and to maintain a proper lookout for the presence of other motor vehicles, more specifically, the Plaintiff Clairessa Hen's vehicle. c.) In failing to keep adequate and proper control over his vehicle to avoid contact with the automobile which the Plaintiff Clairessa Herr was driving. d.) In operating his vehicle in a reckless manner and with careless disregard for the rights or safety of others and in operating his vehicle in a manner endangering persons and property in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3310, by following too closely to the car ahead of his, namely the car driven by Clairessa Herr e.) In failing to properly and quickly apply his brakes to prevent his vehicle from colliding with the rear of the vehicle which the Plaintiff Clairessa Herr was driving. 12. The force and impact of the collision as caused by the negligence of the Defendants Kazimiere Kaczerski and Ward Trucking Corporation caused serious and permanent injury to the Plaintiff Clairessa Herr for which she has received medical and chiropractic care. 13. The Plaintiff Clairessa Herr suffered the following injuries as a result of the negligence of the Defendants: (a) Myofacial Pain Disorder; (b) Fibromyaligia; (c) Persistent and continuous low back pain; (d) Persistent and continuous neck pain; (e) Pain and numbness in right foot; (f) Severe headaches; (g) Fatigue; (h) Loss of Sleep; (i) A greater susceptibility to spinal injury; (j) Acceleration of degenerative changes in lower spine; (k) Limitation in range of motion; and (1) General loss of strength; 14. By reason of the Plaintiff Clairessa Hen's injuries set forth above she has received medical and chiropractic treatment and continues to receive said treatment to recover from { the injuries suffered in the accident. ' r ±4. `ya .r 15. As a result of the negligence of the Defendants Kazimiera Koczcrski and Ward }m Trucking Corporation as described herein, the Plaintiff Clairessa Herr has suffered and will continue t to suffer mental and physical pain, great difficulty in carrying out and engaging in life's activities, £ a loss of life's pleasures and enjoyment, humiliation and embarrassment. yy?? vYM 1 f'$F ^:t 16. Plaintiff Clairessa Hen: has and will in the future sustain a loss of earnings and an impairment to her earning capacity. 17. Plaintiff Clairessa Herr has been forced to expend sums of money for medical services, medication and therapy in the past and will be required to continue to do so in the future. 18. All of Plaintiff Claircssa Hen's injuries as herein described are continuing and will continue into the foreseeable future, as will the treatment costs thereof. 19. The negligence of the Defendants Kazimicrz Kaczerski and Ward Trucking Corporation has resulted in the general deterioration of Plaintiff Clairessa Hcres well-being. WHEREFORE, the Plaintiff Claircssa Herr demands judgment against the Defendants Kazimierz Kaczerski and Ward Trucking Corporation in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages and costs of suit. COUNT 11 Kirby Herr v. Kazimiem Kaczcrski and Ward Trucking Corporation 20. Paragraphs 1-19 are incorporated herein by reference thereto. 21. The Plaintiff Claircssa Herr is marred to the Plaintiff Kirby Herr and was so at the time of the incident described above. 22. The Plaintiffs Clairessa Herr and Kirby Herr have resided together since before and after the crash described above. 23. By reason of the afomsaid injuries to his wife, Kirby Hen has been and will in the future be deprived of the assistance, society and companionship of his wife. WHEREFORE, Plaintiff Kirby Here demands judgment against the Defendants Kazimicrz Kaczerski and Ward Trucking Corporation in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages and costs of suit. Respectfully submitted, Date: (OCTOw. LS ZIM ADLER & CLARAVAL B ROBE r. CLARAVAL. ESQUIRE 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 (717) 233.4780 Supreme Court IDN 19222 Attorneys for Plaintiffs The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information, and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. CLAIRESSA HERR I WONAKRFMOVERSE CRV 0o,en29.1Mj135Om) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, CIVIL DIVISION Husband and Wife No. 99.6356 Civil Term Plaintiffs, V. Issue No. PRAECIPE FOR APPEARANCE KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendants. Code: Filed on bchalf of DEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. I.D. 443675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm 4067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED CLAIRESSA HERR and KIRBY HERR, Wife and Husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, ) No.: 99-6356 - Civil Term VS. ) CIVIL ACTION - LAW KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) JURY TRIAL DEMANDED Defendant. ) PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the defendants KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION in the above referenced matter. DICKIE, McCAMEY & CHILCOTE By: 'John Pion, Esq. COUNSELS DEFENDANTS Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 392-5452 v CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE was served upon counsel of record by U.S. Mail, first- class, postage prepaid this / day of k1b0 M&'i , 1999. Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 COUNSEL FOR PLAINTIFF DICKIE, McCAMEY & CHILCOTE COUNSEL FOle DEFENDANTS si e?4yti~ ry X? t4{yy4 ~= z _ rC,l m Z? aMNMEM 0WREM[CRV NwmdWa19s(354om) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR. CIVIL DIVISION Husband and Wife No. 99-6356 Civil Tenn Plaintiffs, Issue No. V. Notice of Service KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Code: Defendants. Filed on behalf of DEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. T.D. #43675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222.5402 (412) 281-7272 JURY TRIAL DEMANDED CLAIRESSA HERR and ) IN THE COURT OF COMMON PLEAS KIRBY HERR, ) OF CUMBERLAND COUNTY, PENNSYLVANIA Wife and Husband, ) Plaintiffs, ) No.: 99-6356 - Civil Term VS. ) CIVIL ACTION - LAW KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) JURY TRIAL DEMANDED Defendant. ) NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO: PROTHONOTARY Kindly be advised that First Set of Interrogatories and First Request for Production of Documents were directed to the Plaintiff by service of an original and two copies on or about November po '1999. Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 COUNSEL FOR PLAINTIFF DICKIE, McCAMEY & CHILCOTE, P.C. By: ohn T. Pion, Esq. Counsel r Defendants G f71 a?{i7 3 i MONMUMCOVE SMON NMOW 5.12011 Mi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, Husband and Wife Plaintiffs, V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, NOTICE TO PLEAD TO: Plaintiff Defendants. You arc hereby notified to file a written response to the enclosed NEW MATTER within twenty (20) days from the date of service hereof or a judgment may be entered against you. By. JolZn ion, Esquire CIVIL DIVISION No. 99-6356 Civil Term Issue No. ANSWER AND NEW MATTER Code: Filed on behalf of DEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. I.D. 443675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs, VS. KAZIMIERZ KACZERSKI and WARD TRUCKING CORP., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 99-6356 - Civil Tenn CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, come the defendants, Kazimietz Kaczerski and Ward Trucking Corporation, by and through their attorneys, Dickie, McCamey & Chilcote and John T. Pion, Esquire and hereby file the within Answer and New Matter and deny that they are indebted to the plaintiff for any sum or sums, and in support thereof aver as follows: 1. The averments of Paragraph I are denied. 2. The averments of Paragraph 2 are admitted. 3. The averments of Paragraph 3 are admitted. 4. The averments of Paragraph 4 are admitted. 5. The averments of Paragraph 5 are admitted. 6. The averments of Paragraph 6 are denied as stated and strict proof thereof is demanded. 7. The averments of Paragraph 7 are denied as stated although it is admitted that defendant Kaczerski was behind the Herr vehicle. 1 8. The averments of Paragraph 8 are denied as stated and strict proof thereof is demanded. 9. The averments of Paragraph 9 are admitted. 10. The averments of Paragraph 10 are denied. After reasonable investigation, this defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the averments of Paragraph 10 are denied and strict proof thereof is demanded. 11. The averments of Paragraph 11 are specifically denied. It is denied that the plaintiff was caused to suffer any injuries or damages as a result of the carelessness, recklessness or negligence of Mr. Kaczerski and/or Ward Trucking Company as at all times material hereto, Ward and Kaczerski acted reasonably, appropriately and properly. By way of further response, the averments of Paragraph 11, including subparts (a) through (e) are denied and strict proof thereof is demanded. 12. The averments of Paragraph 12 are specifically denied. It is denied that these defendants were negligent or that the plaintiff was caused to suffer serious or permanent injury. By way of alternative response, after reasonable investigation, these defendants are without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the avcrments of Paragraph 12 are denied and strict proof thereof is demanded. 13. The averments of Paragraph 13 are denied. It is denied that these defendants were negligent or that the plaintiff was caused to suffer any injuries or damages. By way of further response, it is denied that the plaintiff was caused to suffer myofacial pain disorder, 2 frbromyalgia, persistent and continuous low back pain, persistent and continuous neck pain, pain and numbness in her right foot, severe headaches, fatigue, loss of sleep, a greater susceptibility to spinal injury, acceleration of degenerative changes, limitation in range of motion or general loss of strength. Alternatively, after reasonable investigation, these defendants were without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the averments of Paragraph 13, including subparts (a) through (1) are denied and strict proof thereof is demanded. 14. The averments of Paragraph 14 are denied. After reasonable investigation, these defendants are without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the averments of Paragraph 14 are denied and strict proof thereof is demanded. 15. The averments of Paragraph 15 are specifically denied. It is denied that these defendants were negligent or that the plaintiff has been caused to suffer any injuries or damages as a result of the conduct of these defendants. Alternatively, after reasonable investigation, these defendants are without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein and accordingly, the averments of Paragraph 15 are denied. 16. The averments of Paragraph 16 are denied. It is denied that the plaintiff has been caused to suffer loss of her earning capacity and/or a loss of earnings. Accordingly, the averments of Paragraph 16 are denied and strict proof thereof is demanded. 3 i 17. The averments of Paragraph 17 are denied. It is denied that the plaintiff has incurred medical expenses and will do so into the future. Accordingly, the averments of Paragraph 17 are denied and strict proof thereof is demanded. 18. The averments of Paragraph 18 are denied. It is denied that the plaintiff has suffered injuries or damages which will persist into the future and, accordingly, strict proof thereof is demanded. 19. The averments of Paragraph 19 are denied. It is denied that these defendants were negligent or that the conduct of the defendants caused the plaintiff to suffer any injuries or damages, including a deterioration of her well-being. Accordingly, the averments of Paragraph 19 are denied and strict proof thereof is demanded. WHEREFORE, defendants demand judgment in their favor and against the plaintiff together with costs of suit. COUNT H 20. Defendants hereby incorporate by reference herein Paragraphs 1 through 19 of their answer as if fully set forth. 21. The averments of Paragraph 21 are denied. After reasonable investigation, these defendants arc without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the averments of Paragraph 21 are denied and strict proof thereof is demanded. 22. The averments of Paragraph 22 are denied. After reasonable investigation, these defendants are without sufficient knowledge or information to form a belief as to the 4 truth of the matter asserted herein. Accordingly, the averments of Paragraph 22 are denied and strict proof thereof is demanded. 23. The averments of Paragraph 23 are denied. After reasonable investigation, these defendants are without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the averments of Paragraph 23 are denied and strict proof thereof is demanded. WHEREFORE, defendants demand judgment in their favor and against the plaintiffs together with costs of suit. NEW MATTER 24. Defendants hereby incorporate by reference herein Paragraphs 1 through 23 of its Answer and New Matter as if fully set forth. 25. Defendants believe and therefore aver that the within matter is barred by the applicable Statute of Limitations. 26. Defendants hereby plead plaintiff's contributory negligence as a complete and/or partial bar to recovery pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. § 7102. 27. Defendants hereby assert all immunities and privileges available to defendant under the Financial Responsibility Act as a complete and/or partial bar to recovery. 28. Defendants believe and therefore aver that at the time of this accident, plaintiff had elected limited tort coverage under her automobile insurance policy. 5 29. Accordingly, plaintiffs Complaint fails to state a cause of action upon which relief may be granted. 30. Defendant believes and therefore avers that if plaintiff suffered injuries and damages as alleged, said injuries and damages being denied, then plaintiff has failed to mitigate her damages as required by law. 31. Accordingly, should plaintiff prove damages, said damages being denied, then said damages must be reduced in proportion to the degree in which plaintiff has failed to so mitigate. 32. Defendants believe and therefore aver that if the plaintiff suffered injuries and damages as alleged, said injuries and damages being denied, that said injuries and damages were caused by persons and/or conditions over which defendant had no duty and/or right of control. 33. Accordingly, defendants hereby plead superseding and/or intervening causes as a complete and/or partial bar to plaintiffs recovery. WHEREFORE, defendants demand judgment in their favor and against the plaintiffs together with costs of suit. DICKIE, McCAMEY & CHILCOTE Pion, DEFENDANTS Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 392-5452 6 tierc VERIFICATION I, Dan Dillen of Ward Trucking Co. have read the foregoing Answer and New Matter. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: %kI(VJkN VERIFICATION I, John T. Pion, a member of the law firm of Dickie, McCamey & Chilcote, P.C., attorneys for KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION have read the foregoing ANSWER AND NEW MATTER and the statements herein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. tin DATE: - IG- 7 ' i CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that a true and correct copy of the foregoing ANSWER AND NEW MATTER was served upon counsel of record by U.S. Mail, first- class, postage prepaid this I V day of AV - , 1999. Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 COUNSEL FOR PLAINTIFF DICKIE, McCAMEY & CHILCOTE By, ?N hn . Pion, Esq. COUNSEL F EFENDANTS 7 a cb Q ps cir'. a c3? ?S? N n J a Ci •c s, cn??' CLAIRESSA HERR and : IN THE COURT OF COMMON PLEAS OF KIRBY HERR, : CUMBERLAND COUNTY, PENNSYLVANIA Wife and Husband, Plaintiffs NO. qq - (035(0 V. CIVIL ACTION -LAW KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant JURY TRIAL DEMANDED I hereby certify that I have this day served a true and correct copy of the Plaintiffs Response to Defendants' Request for Production of Documents by first class mail, postage prepaid, addressed to the following person: John Pion, Esq. Dickie, McCamcy & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222.5402 ADLER & CLARAVAL Date: 0 cfA By?1 Q Ql t o l? ) 1 1 In n3 MMSE 1. WILLIAMS, Secretary For Robert F. Clamval k M a w4?{ > ii a°'+ 5110NMERMOVERSNECRV Norwrew79,1M(1041w) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, Husband and Wife Plaintiffs, V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendants. CIVIL DIVISION No. 99-6356 Civil Term Issue No. VERIFICATION OF KAZIMIERZ KACZERSKI TO THE ANSWER AND NEW MATTER Code: Filed on behalf of DEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. I.D. #43675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED VERIFICATION I, Kazimierz Kaczerski, have read the foregoing Answer and New Matter. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification Is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: :z I 1? N c ? ' Q I1 r_ c . 14 - CL. t. L .11j u. Ch :-J G a. (? c SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-06356 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERR CLAIRESSA ET AL VS. KACZERSKI KAZIMIERZ ET AL 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: KACZERSKI KAZIMIERZ but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania. to serve the within NOTICE AND COMPLAINT On November 9th, 1999 , this office was in receipt of the attached return from YORK County, Pennsylvania. Sheriff's Costs: So answ S: Docketing 18.00 ? Out of County 9.00 J1iC;'4omas K. Surcharge 8.00 , Dep. York Cc 29.50 $$ ? 11O ERT 9CLA 99RAVAL 09/1 Sworn and subscribed to before me this 9 a? day of 1999 A.D. r?r'ts- '25Cr5 f ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-06356 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERR CLAIRESSA ET AL VS. KACZERSKI KAZIMIERZ ET AL 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: WARD TRUCKING CORPORATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BLAIR County, Pennsylvania. to serve the within NOTICE AND COMPLAINT On November 9th, 1999 , this office was in receipt of the attached return from BLAIR County, Pennsylvania. Sheriff's Costs: So answe Docketing 6.00 Out of County 9.00 Surcharge 8.00 , Dep. Blair Co 34.88 $S'7:-8H RO?09T1999RAVAL Sworn and subscribed to before me this a, day of ZA ,".i 194"9 A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania Clairessa Herr, et. al. vs. Kazimierz Kaczerski, et. al. Serve: Ward Trucking Corporation No 99-6356 Civil Now, 10/21/99 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of elair County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?00-a?k-?01?- ? Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this _ day of , 19 19_1 at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA S DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT .? BLAIR COUNTY, PENNSYLVANIA COURTHOUSE, HOLLIDAYSBURG, PA. 16648 Y INSTRUCTIONS: SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DPrint legibly, o not t detach insuring pies Ay of all copes. Do any Coplef. ecfD [NV.I L ai fassa. t try. tL??Y C. - 63 5-,Xo g. DEFENDANT IS 1 a. TYPE OF WRIT ON COMPLAINT C C? G'p /d TvLv-c SERVE S NAME OF INDIVIDUAL. COMPANY. CpRPOPATION. ETC. T,O ERV1ICE OR DESCRIPTION Of PR PCRTY TO DE LE IED, ATTACHED OR SOLD. 6 ADDRESS Moral o, RF . Apall.F No . dry. DOro. 7.4 FItM and TIP Celle) AT 1?ncL lit(L !\ 74K . ?(oto01 7. INDICATE UNUSUAL SERVICE. PERSONAL EPSON IN CHARGE DEpUT11C CEAT MAIL REGISTERED MAIL ?POS7Eu MOTHER NOW, 19_ , I, SHE IFF OF BLAIR , COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHLRIFF Of RLAIR COUN V 6 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION. N e. WAIVER OF WATCHMAN - Any deputy sheriff tainting upon OF attaching any property under within wit may lust same without a watchmen, in custody of whomever is found in possession, allot notifying POISOM of levy OF attachment, without liability on the part of Such deputy OF the shliff to any plaintiff herein for any loss. deslructlon or removal of any such property before shrills' sale Ihereol. 9 e1GNATURE Of ATTORNEY or other ORIGINATOR leeuesong 10NKe on behalf of 110 TELEPHONE NUMOER I 11. DATE ? PLAINTIFF ? OEFENDANT SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 1 aesnowledge recerpt of Ine wet SIGNATURE of ?w•re led DCfO Deputy orf Clark and Lea 10. Dole Recoved Ia. Eap-soon HUeng Dare 1=. OF Complaint as metaled above. h[1s Q. rwv.>o-'? /0-.P•99 /ti'-44n 15 1 mortality CERTIFY and RETURN mat 1 ?have personally solved. Clnevo earned poison in charge. ? have legal ",erne Of service as shown in `Remorsi' (on reverse) ?nave posted the above described Property with the writ or complaint described on the individual, Company, cofewabon. etc, at the address shown above or on the indn0uat. company. corpo alion. are, at the address ,Maned below ey hand,ngyor Potting a TRUE and ATTESTL 0 COPT thereof 16 ?I hereby Clrbty and reluln a NOT FOUND because I am unable 10 Vitale mo mdmdual, company. Cwools on, etc, named above 1511 remerYS bebw) 17 Name end 1,14 of indrndual solved Tir71 Val! tW??1 6pewi rT?+0.a1? OF it C rat . r1 em 16 A Mellon Of swtable age 460 d,%Cretan then fawrg r, me Mer.nn,mtmwl Pa<e 01 above ? Rcad Order o 19 Address of onto served IComplela Only If dAle,enl man etown above) (Street or RFD. Aparlmnnl No . C State and ZIP Code) ar. Bolo. Two, Dal- nr $erVKe gl. Lma e SA .I I ito ? / p T ? M I M l D I l D ? ( F M l 29 ATTEMPTS Dale Mlle. De I . es ep. nt. Dslo i es i nt. Date ep. i es Dep Inf. ate Miles Dep. Int. 90. Advance Co is to 77 Total Coins 76 Cetre3ioR REFUND Moe) s 0.00 tj 9, fj-0 00 -'5o 30. REMARKS AFFIRMED and sublcr,bel to before me this 19 NGiR11A15R; d._ moco NoldrV PUDhc MY COMMISSION EXPIRES I Froodorn tt1TT.R.Metq I ACKNOWLEDGE RECEIP OF AUTHORIZED ISSUING Al3R'TEN9RVOrtiii of Notables $O ANSWER. Shold"O?np "e"n) (Please Print or T 1e fT T $gnal W q of ;u"i '1 1 r i! COUNTY OF YORK OFFICE OF THE SHERIFF S(717)I7719601L 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. S/ 2.000RTNUMOEn 99-6356 Zip, Clairessa Herr. et. al. 4 TvPE Or wnIToR COMPLAINT ki, et. a Notice 6 Complaint SERVE a. .nMG Vf IOVIYIVVn1-VVMYgry I. VV YVIUIIV Y.CIV.IVAC11vt Uri U1,06"I1'IIUN Ur YIIUI'L111r IV UL LLVI[U. A I VI611LU. UM JVLV W J Kazimierz Kacerski 5. A 15THEET OH RFD WITH % NUMBER, A N ITV. DO-WTfi. S7 ATAN ZIP C D AT 120 South Baltimore St, Dillsburq, PA 17019 - York COUNTY to i to law. This deputation being made at the request and risk of the plaintiff. o. NcumLono. wuopwwawn VIncn#nrunmI.11Vn in^.RILL^;Iam, Ir.LIIILVIIIn. ocniruc; Cumb?alancj, ADVANCE FEE PD BY A1TY n3 ;_i r'I -nr NOTE ONLY APPLICABLE ON WAR OF EXECUTION: H.D. WAIVER OF WATCHMAN • Any deputy sheriff levying upm or attaching any p10ponrugder Iyh1,Iq?,rtTroy leave same without a watchman, in custody of whomever is found in possession. after robtying person of levy or attachment, without hab,hly on the pan 01 such dePltycirlha sheriff to any plainall harsh fa any loss, deslnAnlon, or removat of any property before shentrs sale thereof. u 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10 TELEPHONE NUMBER 1 JDATE FILED ii, 1 Robert F. Claraval, Esq. 1 Cumberland County Sheriff 13.1 aekmwledge receipt of the wnt SIGNATURE OF AUTHORIZED CLERK 14 Data Recmved 15. E.peaton WOOQC2mI or complaint as eWlcated above. B. Feeser 10/22/99 11/18/99 1e.HOW SERVED: PERSONALI I RESIDENCE POSTED I I POE 1 1 SHERIFFS OFF I I OTHER 1 I SEE REMARKS 17. U I hersbv eedlN and return a NOT FOUND because I am unable to locate the individual. company. corporaton. Pte, named above ISee remarks below) ?T r Time Miles Int. 23. Advance Coils 24. Service Costs 25. N!F 25 Maeage 27 Postage ZB Sub Total 29 Pauat 30 Notary FPO 31 Surcharge 32 Total Costs 33 Cost Due o 75.00 18.00 14.88 32.88 34.88 $40.12 34. Foreign County Cosh 35. Advance Costs 36. Service Coils 37. Notary Con 39 M,InagerPoslaga N F 39 Total Costs 40 Cost Due or Refund SO ANSWER. 3rd 41. AFFIRMED and subscribed to before me INS .limiula of _ 47 Date 45 Signature of York 48 Data 42. day 01 IT KNWA 'w A 11 County Shonff 47 SF1 F E WILLIAM M. IIOSE1 SHERIFF_ - - _ 11/3/99 -P Mk4?y????yy MYCOMMIS ION?E%PIREB.-- g3prWlure? ofForeign -i Caunnr Sheriff 49 Date -V 6e) ? ? C11Ijl%`?? r lei I I 50. I ACKNOWLE DOE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE al v,Iio nwv,..,a OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE • IsiuirV Auth" 2. PINK' Anomey 3 CANARY - ShenNS 0040 4 BLUE - Shwmns Offce COUNTY OF YORK CF CALL OFFICE OF THE SHERIFF (;' 771-9601 28 EAST MARKET ST.. YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 1. PLAINTIFFS 2 COURT NUMBEI/ It 7-G'7b 1'i Jl 1 C,.I1!1:Ina fir L, ,'1 4TYPE OF WRIT OR COMPLAINT 3. DEFENDANTlSI h, :i ml('. r. F,t,., •.e. 1. N_,? ..,? C.., r+[.I. ... . SERVE I S. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO DE LEVIED. ATTACHED, OR SOLD. 6. ADDRESS ISTIREET OR D WITH K NUMOER, A T N-ATV. 06ti6, TWP., STATTAND ZIp-cDD AT 110 S+?;l;t I ,rrl,rr n; !gi'OL(1, i *, 1 %JI0 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE DEPUT1z6 O CERT. NAIL O 1ST CLASS MAIL O POSTED O OTHER NOW I u 1 , ' j 19 _ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of V n rk - COUNTY to execute this Wrlt and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. ___? w rr-ar ±c4sirY ea T S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: "'nrnheT 1,Illd ADVANCE FEE PO by A7'I'Y NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any depo f sheriff levying upon nr aoachmg any property under within writ may leave ume without a watchman, in custody of whomever Is found in possession, after notifying person of levy or attachment. without liability on the pad or such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shenMs sale thereof 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10 TELEPHONE NUMOER 11. DATE FILED Robert F. Clar:.v.+l, Kn.-i. 175 fixva Strr?F P 0 [v-- , 91 I!: r-rl [':, ? 7;i)r' ?31 1/;/ 233 4780 16/19/99 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be maf-al CU,Tt rlan•3 County ° ir1ff. 13. I cknowbdg receipt the wrif amnAlunt Ur AU r 111Jnl4tu estHR 14. 11 1 1 0 Reeewetl P 15 Es u ; ) , or r complaint a as indicated a d above. . 2I I / '11/99 16.HOW SERVED: PERSONAL( ) RESIDENCE`{, ) POSTED( ) POE ( ) SHERIFF'S OFF ( ) OTHER( ) SEE REMARKS 17.1.11 hereby candy and return a NOT FOUND because I am unable to locate the individual, company, corporation. etc, namotl above. (Soo remarks below) 18. NAME AND TITLE OF INDIVIDUAL BE Of LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 21. ATTEMPTS Del Time Mlles Int. Dale Time 1 Mlles Int. Date Time Mites Int. Data Time Mlles Int. Date Time Mlles Int. Dale Time Miles Int. i 22.REMARKS: 9 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32 Total Costs 33. Cost Due Relu $,P).00 H.JO 4.9" 3z.8r3 4'.00 1 34.11H I 90.12 34. Foreign County Costs 35. Advance Cosh 36. Service Costs 37. Notary can. 38. Mileago/PoslagoN F 39 Total Costs 40. Cost Due or Refund SO ANSWER. 41, AFFIRMED and subscribed to before me this 11%1 44. Signature of - Ike Sheriff 47, Data 11 . 19 45.lute 42. day of Cul'? fti Xll' 48 Date 'sue / Shan" ' County ` ProunroyryNcitsy Iflatk 46. pnatureo Foreign -- ---- -- 49 Date MY COMMISSION EXPIRES County Sheriff 50.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE _ 1. WHITE• Issutrrg Autflomy 2. PINK - Aftomey 3 CANARY - Sheriff 's n1l" 4 Bl UI.. Sr,nnffs OffiCe COUNTY OF YORK OFFICE OF THE SHERIFF SF (7 ;;' 71901'' 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES1 TO 12 DO NOT DETACH ANY COPIES. l•.,)1 (CSC.) iIL:1., C... .li, 4 It, CivI I N•u i r S Cvmnl,ilnt Ka ,:IIn ICC1. Ka-- zursk:, et, t I. Kuzi'n1r.r2 K?.?crskt ET Dick S. ( D WITH K NUMBER, A N CITY, P, STATE ZIP COO I?0 S(,uth Na) tmtw rr D:'lshurq, PA 1/019 ?. .,...•,..,.,? ...?„?,,,. ns w,.nac uvcre nca'nm uGem•4sAIN u1bs GLASS MAIL 0POSTED 0OTHER NOW 19 _ 1, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of Y n r COUNTY to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. 9. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: l IIm11C C, JIIrl ADVANCE. FEE PD BY ATfY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.D. WAIVER OF WATCHMAN • Any deputy shenff levying upon or attaching any property under within win my leave ultb without a watchman, In custody of whomever is found in possession, cutler ratifying person of levy or allaChment. Without liability on the part of auto deputy or the sheriff to any plaintiff herein for any lose, destruction, or removal of any property before sheolrs sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10 TELEPHONE NUMBER 11. DATE FILED Robert F. Claraval, Esq. .. Curlberlanj County Sh^_riff 'g, PA 17108-1'. area must be completed 0 1 10/1 17.1 acknowledge receipt of the writ amnwwr unit ur Au rnunm4eu GLLKK 14. Date Received 15. Espnat?G16 or complaint AS htd,caledAbove . B. Fee$er 10/22/99 11/18/99 te.HOW SERVED: PERSONAL( ) RESIDENCET-) POSTED( ) POE ( 1 SHERIFF'S OFF( 1 OTHER( ) SEE REMARKS 1 ``+5 1 I? 23. Advance Costs 24. Service Coats $75.00 18.00 25. N/F 25. Mileage :.88 27. Postage 25. Sub Total 32.88 29. Pound 30. Notary Fee 2.00 31. Surcharge 32 Total Costs 94,48 33 Cost Due of Atli $40.12 - 34. Foreign County Costs 35. Advance Costs 38. Service Costs 37. Notary Cori. 38 . MaoagarPostagaiN F. 39 Total Costs 40. Cost Due or Refund 60 ANSWER. and subscribed to before me pus 3rT 44 .nature of Sheriff 47.0ata 42. day of 19 99 Y ; Signature of York 48 Date . I,i. 43, i/// .1_,?' County Sheriff 3199 P d o a' yMgan Puck , COMMISSION XP RE 4 .nature o ore.n County Shand 49 Date 00.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SI _ GNATURE _ 51. Dalo RKerved OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE • Issuing Autnonty 2. PINK • AKomay 3. CANARY- She's 4'" 4. b1UL !'n,•nes Onaa CLAIRESSA HERR and KIRBY HERR, Wife and Husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 99-6356 V. CIVIL ACTION -LAW KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 24. No answer is required. 25. It is denied that the applicable statute of limitations has expired. Moreover, the averment in Paragraph 25 which has been verified by the Defendants and signed by counsel is without factual support. 26. It is denied that the Plaintiff Clairessa Herr was contributorily negligent. 27. Denied. Paragraph 27 is a conclusion of law to which no response is required. 28. It is admitted that the Plaintiff Clairessa Herr had limited tort coverage under her automobile policy. By way of further answer, and as known by the Defendant, the Defendant Kaczcrski was driving a vehicle registered in another state which is a specific exception under the Motor Vehicle Financial Responsibility Law. 29. Denied. Paragraph 29 is a conclusion of law to which no response is required. 30. It is denied in any way that Clairessa Herr has failed to mitigate her damages. 31. Denied. Paragraph 31 is a conclusion of law to which no response is required. 32. It is denied that Clairessa Herr has suffered injuries caused by person or conditions over which the Defendant had no duty or right of control. Moreover, at the time of the filing of this New Matter, the Defendant had no facts to support this averment. 33. Denied. Paragraph 33 is a conclusion of law to which no response is required. Respectfully submitted, ADLER & CLARAVAL Date: DxJ t' By???L?! r OBER .CLA VAL 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 (717) 233-4780 ?k Supreme Court I.D. #19222 Attorneys for Plaintiffs CLAIRESSA HERR and : IN THE COURT OF COMMON PLEAS OF KIRBY HERR, : CUMBERLAND COUNTY, PENNSYLVANIA Wife and Husband, Plaintiffs NO. 99-6356 V. CIVIL ACTION -LAW KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant : JURY TRIAL DEMANDED I hereby certify that I have this day served a true and correct copy of the Plaintiffs' Reply to Defendants' New Matter by first class mail, postage prepaid, addressed to the following person: John Pion, Esq. Dickic, McCamcy & Chilcotc Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 ADLER & CLARAVAL Date Q By M W, I djaw-0 DENISE 1. WILLIAMS, Secretary For Robert F. Claraval ,: yy.? v? ?..: Uj (/: Fem.: t? .? U?, ? ? Y'_t.' f "Y C r .. ?``'?... ?, ,`lip] r?.. ? , r : ? c:. ,?, l..i 1 I?} (jl ?J 4 ? •• itSW$'?Sev"?KN_?vw..+:.., ter. .? .. .?. .. ._.. .. ??.,,r u.-e,.ew?un+.'MKrva.?yy..+'4'bu?Sa':! ? y . j CLAIRESSA HERR and : IN THE COURT OF COMMON PLEAS OF KIRBY HERR, : CUMBERLAND COUNTY, PENNSYLVANIA Wife and Husband, Plaintiffs NO. 99- W.ZL KAZIMIERZ KACZERSKI and CIVIL ACTION -LAW WARD TRUCKING CORPORATION, Defendant : JURY TRIAL DEMANDED ['FRTIFICAT . (?F CFRVI F I hereby certify that I have this day served a true and correct copy of the Plaintiffs' Answers to Defendants' Interrogatories by first class mail, postage prepaid, addressed to the following person: John Pion, Esq, Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Date: ADLER & CLARAVAL By-lJ 1191 Li??17 L?J f' Yl•Q?I , DENISE I. WILLIAMS, Secretary For Robert F. Claraval f a. R ( 1 , fA ': CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6356 CIVIL ACTION - LAW : JURY TRIAL DEMANDED I hereby certify that I have this day served a true and correct copy of Plaintiffs Contention Interrogatories Addressed to Defendant by first class mail, postage prepaid, addressed to the following person: John Pion, Esq. Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 ADLERR & CL 1AnR,A,VAIL' l ' e I' Date: Ia aq I „- By l JQ?wX WIAAA.t?' DENISE I. WILLIAMS, Secretary For Robert F. Claraval P1 - c? ' rr „ `? ?,4wf 1{"k +?J CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6356 CIVIL ACTION - LAW KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant : JURY TRIAL DEMANDED CERTIFICATE. OF SERVICE. I hereby certify that 1 have this day served Plaintiffs Interrogatories - First Set and Request for Production of Documents - First Set Addressed to Defendant Kazimierz Kaczerski and Plaintiffs' Interrogatories - First Set and Request for Production of Documents - First Set Addressed to Defendant Ward Trucking Corporation by first class mail, postage prepaid, addressed to the following person: John Pion, Esq. Dickic, McCamey & Chilcotc Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 ADLEERR & CLARAVAL` I } , (, Date: aC? ?C By 1 1? IS?s?? vll?> J?l?ll lti? DENISE 1. WILLIAMS. Secretary For Robert F. Claraval n, iir? c. t lam. C: C? C_) -4 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'P n TIM MATTER OF: COURT OF COMMON PLEAS HERR TERM, 99 -VS_ CASE NO: 99-6356 WARD TRUCKING As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN PION. ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was sailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the 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: O1 04 2000 JOHN PION. ESQUIRE Attorney far DEPENDANT DEII-003793 6 5 0 2 6- Co 1 ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IIIh MATTER OF: COURT OF COMMON PLEAS HERR -VS- WARD TRUCKING TERM. 99 CASE NO: 99-6356 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ) TO: ROBERT CLARAVAL, ESQ. MCS on behalf of JOHN PION, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the endersigned an objection to the subpoena. If no objection is made the subpoena slay lie served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/04/2000 MCS on behalf of JOHN PION, ESQUIRE Attorney for DEFENDANT CC: JOHN PION, ESQUIRE - Any questions regarding this matter, contact THE MCS GROUP, INC. 300 LAWYERS BUILDING PITTSBURGH, PA 15219 (412) 642-4420 nFn7-rne7RR r,Sn'? r,_r-nI >>> LOCATION LIST <<< PACE: I RCCORDS REQUESTED LOCATION NAME IINDICA1. :tlilllf:Al. ?tI:U I CAI. "iMICAI. "I M I CAL "'.01 CAI. EMI CAL •l-.I:ICAI. DR. SCOTT GASSES DR. DAVID BAKER ALEXANDER SPRINGS REHAB. CARLISLE HOSPITAL DR. KEVIN CLAWSON DR. MICHAEL DANIELS DR. FI VAN DO DR. RONALD HOBAN a: DE02-014788 65026-C03. Herr VS. Ward Trucking TO: 1 2. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 99-6356 File No, SUBPOENA TO ATTEND AND TESTIFY Custodian of Records: Dr. Casses You are ordered by the court to come to 300 Lawyers Building Pittsburgh, Pa 15219 (Specify courtroom or other place) at Pittsburgh Allegheny County, Pennsylvania, on Jan. 20, 2000 at 10 o'clock, A. M., to testify on behalf of Defendant in the above case, and to remain until excused. And bring with you the following: See Attached Rider If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: hno Twn PPG Place Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # BY THE COURT: Prothonotary/Clefk&bivi Divislol n IA'i Date: 3U. /999 _rn-)Q Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc, in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff.7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN Of' RECORDS FOR: IM. SCOTT CASSES 311 Sl)UTII IMOVER STREET 0\10LISL.E, PA 17013 NE: (,5112(, l'I.AIRGS. A HELM Airy and all records, correspondence, files and memorandums, handwritten notes, rclatin g to any examination, consultation, care or treatment. ''****TO INCLUDE PATIENT ID SHEET******* Dales Requested: up to and including the present. Suhiect : CLAIRESSA HERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security N: 163.52-9271 w ' a ,era? 1?L SU10-008665 6 5 0 2 6- L 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr VS. Ward Trucking File No. SUBPOENA TO ATTEND AND TESTIFY TO: Custodian of Records: Dr. Baker 99-6356 300 Lawyers Building Pittsburgh, Pa 15219 You are ordered by the court to come to (Specify courtroom or other place) at Pittsburgh , Allegheny County, Pennsylvania, on .ran. 202000 at 10 o'clock, A. _M., to testify on behalf of Defendant in the above case, and to remain until excused. 2. And bring with you the following: c At-.tacheri sifter If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and Imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: 4nn Twn PPn PlnrP Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # BY THE COURT: Prothonotary/Clerk, vii ivision Date: AL /ice .3Qr/449 ??, ?? Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. R No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff.7/97) t EXPLANATION OF REQUIRED RECORDS 7'0: CUSTODIAN OF ItECOlU)S FOIL: Mt. DAVID BAKER 850 WALNUT BOTTOM 1U). CARLISLE, PA 171111 ItE: 65026 CLAMESSA liElUt Any and ail records, corr"p nrdence, files and memorandums, handwritten nnlcc, relating to any exammalion, consultation, care or treatment. "''**TO INCLUDE PATIENT 11) SFIEET******* Dales Requested: up to and including the present. Subject : CLAIRESSA HERR 507 IIILLCREST DRIVE, CARLISLE, PA 17013 Social Security H: 163-52.9271 SU10-008667 65026-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Custodian of Records: Alexander Spring rehab SUBPOENA TO ATTEND AND TESTIFY TO: 99-6356 Herr VS. File No. Ward Trucking You are ordered by the court to come to 300 Lawyers Building Pittsburgh, Pa 15219 (Specify courtroom or other place) at Pittsburgh , Allegheny County, Pennsylvania, on Jan. 20. 2000 at 10 o'clock, A- M„ to testify on behalf of Defendant In the above case, and to remain until excused. 2. And bring with you the following: see ArrnrhPd Ridpr If you fall to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, Including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: 40n Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # Date: JUJV? 4.41 30, 1999 Seal of the Court BY THE COURT: Prothonotary/Clerk, ivil ivision Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALEXANDEIt SPRINGS REHAB. 27 IIROOKWOOD AVENUE CARLISLE, PA 17013 RE: 65026 t'I.nIItIisSA IlGltlt Any and all records, correspondence, tiles and memorandums, handwritten notes, Matto I to any examination, consultation, care or treatment. '*****TO RCLUDE PATIENT ID SHEET******* Dates Requested: up to and Including the present. Sul;ject : CLAIRESSA HERR 507 IIILLCREST DRIVE, CARLISLE, PA 17013 Social Security #: 163-52-9271 SU10-008669 65026-1,03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr vs. 99-6356 File No. Ward Trucking SUBPOENA TO ATTEND AND TESTIFY TO: Custodian of Records: Carlisle Hospital 1. You are ordered by the court to come to 300 Lawyers Building Pittsburgh, Pa 15219 (Specify courtroom or other place) at Pittsburgh Allegheny County, Pennsylvania, on .tan. 20, 2000 at 10 o'clock, A. M., to testify on behalf of Defendant in the above case, and to remain until excused. 2. And bring with you the following: seP Ar.r.ar•hsd Rider If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, Including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R.C. P. No.234.2(a): Name: John Pion, Esq. Address: 400 Two PP. Place Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID q Date: &Usw4ca 30 /9r;9 Seal of the Court BY THE COURT: r..f.. 2 06,.a Prothonotary/Clerk, CA b slot n C?.Pa- G? ?i - Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings In connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. R No. 234.1. It a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) t , EXPLANATION Or REQUIRED RECORDS TO: t'11STODIAN of RECOIMS FOR: CAkI.ISI.E HOSPITAL 146 PARKER STREET CAIMISLE, PA 17013 RE: 65026 Cl.XIRESSA HERR Any and all records, correspondence, files and memorandums, handwriucn mules, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject : CLAIRESSA HERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security H: 16352-9271 SU10-008671 65026-L.04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr VS. . File No. Ward Trucking SUBPOENA TO ATTEND AND TESTIFY TO: Custodian of Records: Dr. Clawson You are ordered by the court to come to 99-6356 300 Lawyers Building Pittsburgh, Pa 15219 (Specify courtroom or other place) at Pittsburgh Allegheny County, Pennsylvania, on -Jan. 20 2nnn A • M., to testify on behalf of Defendant at 10 o'clock, in the above case, and to remain until excused. 2. And bring with you the following: If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: 40o mwo pP . Pla?? Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # Date: Seal of the Court BY THE COURT: r ' Prothonotail ivislon \ /i n 7h 00:? - Deput-y Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with P. No. 234.1. If adsubpoena sfoand before r a productiontoftdocuments, records or things is desired, comple ettparagraph 2. §i 3. (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF ItECORDS FOIL: DR. KEVIN CLAWSON '2n W11 -SON STREET S JITE 106 CAMASU, I'A 17013 It I;: 65026 CI,AMESSA IIEItit Anv and all records, corrospondenec, files and memorandums, hondwrillen uotcs, relating to any examination, consultation, care or treatment. '""TO INCLUDE PATIENT ID SHEET******* Dates Requested: up to and Including the present. Suldecl : CLAIRESSA HERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security t/: 163.52.9271 SU10-008673 6 3 0 2 6- L 05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr vs. 99-6356 File No. Ward Trucking SUBPOENATO ATTEND ANDTESTIFY TO: Custodian of Records: Dr. Dan181s 300 Lawyers Building Pittsburgh, Pa 15219 1. You are ordered by the court to come to (Specify courtroom or other place) at Pittsburgh Allegheny County, Pennsylvania, on .tan- 90. 2000 at 10 o'clock, A - M., to testily on behalf of Defendant in the above case, and to remain until excused. Rider 2. And bring with you the following: If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: 40n Twn PPC 21a - Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID k BY THE COURT: l /I 1 w/`. Ifs w ?\9 _h Prothonotary/Clerk, Ci DAon Date: ltkCZ4. 1 90 A R9 \ h . ?. 7h? ¢La . Seal of the Court -?T Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. R No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF ItECOIMS FOR: IM. MICHAEL DANIELS 1(111 N. OALTIMME AVENUE MT. HOLLY SPRINGS, PA 17065 RE: 65026 c'I.AIItEsSA HEIM Any and all records, correspondence, files and memorandums, handwritlen 11111cs, reh inb• to any ex innnalion, consultation, care or treatment. "-****TO INCLUDE PATIENT 11) SHEET******* Dales Requested: tip to and Including the present. SnIt(ect : CLAIRESSA HERR 507 IIILLCREST DRIVE, CARLISLE, PA 17013 Social Security t!: 163.52.9271 y?. +j4• 4r. i s ,, aw eet?;f :z. twit; SU10-008675 455026-L 06 Herr VS. Ward Trucking TO: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 99-6356 File No. SUBPOENA TO ATTEND AND TESTIFY Custodian of Records: Dr. Si Van Do 300 Lawyers Building Pittsburgh, Pa 15219 1. You are ordered by the court to come to (Specify courtroom or other place) at Pittsburgh 'Allegheny County, Pennsylvania, on Jan. 20. 2000 at 10 o'clock, A. M., to testify on behalf of Defendant in the above case, and to remain until excused. 2. And bring with you the following: rpp nched Ri der - If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, Including but not limited to costs, attorney fees and imprisonment. REOUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: 4on Two PPG P1a= Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # BY THE COURT: ProthonotarylCl , C if Division Date: A 0I??4L??e,?30, X999 Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2 (Eff. 7/97) EXPLANATION Or REQUIRED RECORDS TO: CUSTODIAN OF ItECOIIDS FOlt: Mt. FI VAN DU 175 LANCASTER BLVD. MECIJANIC.SBUIM, PA 171155 ItE: 65020 CI.AIRESSA IIEItR Any and all records, correspondence, tiles and memorandums, handwritten nnics, whiling to any examination, consultation, care or treatment. a t**To INCLUDE PATIENT 11) SHEET******* Dates Requested: up to and mciumng the present. Subject : CLAIRESSA IIERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security N: 16352.9271 SU10.008677 6 5 0 2 6- L 0 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr vs. 99-6356 File No. Ward Trucking SUBPOENA TO ATTEND AND TESTIFY TO: Custodian of Records: Dr. hoban 1. You are ordered by the court to come to 300 Lawyers Building Pittsburgh, Pa 15219 (Specify courtroom or other place) at Pittsburgh Allegheny County, Pennsylvania, on Jan. 20. 2000 at io o'clock, - A. M., to testify on behalf of in the above case, and to remain until excused. 2, And bring with you the following: See Attached Rider it you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID a BY THE COURT: Prothonotary/Clark, Date: A P ,t, Q4u .30 / 9 R 9 Seal of the Court i- sl9t? Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (EB. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF ItECOIMS t:OW 174WAI NUT BOTT)M IMAD S1111'11ENSBIJIM, PA 172.57 R li: 65026 CI.AII(rSSA HERB Any and all records, correspondence, files and memorandums, handwritten poles, Mating to any examination, consultation, care or treatmemt. ****9't) INCLUDE PATIENT 11) SHEET******* Dates Requested: op to and including the present. Sul?ject : CLAIRESSA HERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security N: 163.52-9171 .1 q? c? R. h 4 I ` SU10-008679 65026-L 08 a" Herr VS. Ward Trucking TO: File No. SUBPOENA TO ATTEND AND TESTIFY Custodian of Records: Dr. Casses 99-6356 300 Lawyers Building Pittsburgh, Pa 15219 1. You are ordered by the court to come to (Specify courtroom or other place) at Pittsburgh Allegheny County, Pennsylvania, on Jan. 20, 2000 at 10 o'clock,. A. M., to testify on behalf of Defendant 2. In the above case, and to remain until excused. And bring with you the following: See Attached Rider If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, Including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: 400 Twn PPn Plnce Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # Date: kkLct fe 30 1999 _ Seal of the Court Prothonotary/Clork,&bivi Division 71t• Ow. , ??- Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS colt: D14. SCOW CASSES 313 SOUTH IIANOVER S7*mu CARLISLE. PA 17013 RE: 651126 ('I *Xllt1 SSA HEIM Any and all records, correspondence, files and memorandums, handwrillcn notes, relating to any examination, consultation, care or treatment. Z f*t**TO INCLUDE PATIENT 11) SHEET******* Dates Requested: up to and Including the present. Suhject : CLAIRESSA IIERR 507 I3ILLCREST DRIVE, CARLISLE, PA 17013 Social Security N: 163.52-9271 SU10-008665 6502-6-L 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr VS. Ward Trucking TO: File No. SUBPOENA TO ATTEND AND TESTIFY Custodian of Records: Dr. Baker 99-6356 1. You are ordered by the court to come to 300 Lawyers Building Pittsburgh, Pa 15219 (Specify courtroom or other place) at Pittsburgh Alleuhenv County, Pennsylvania, on Jan. 202000 at 10 o'clock, A • M., to testily on behalf of Defendant in the above case, and to remain until excused. 2. And bring with you the following: SPA At t.irhpa or rtPr if you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: 4nn Twn PPr P1nne Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # BY THE COURT: P rothonotvrl ivislon Date: Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings In connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: C lJS'PODIAN OF RECORDS Dolt: IM. DAVID BAKER 8511 WALNUT BOTTOM 111). CARLISLE, PA 17013 RE: 651126 c'I.AIRLSSA HERR Anv and :dl records, correyondence, files and memorandums, handwritten 111111s, rcL• ling to any examination. consultation, care or Ircatml'nt. ,.- ""^TO INCLUDE PATIENT ID SHEET******* Dales Requested: up to and including the present. Suhjecl : CI.AIRESSA HERR 507 I1ILLCREST DRIVE, CARLISLE, PA 17013 Social Security #: 163-52.9271 d'o ..i °xrS, SU10-008667 6 5 0 2 6- L 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr VS. File No. Ward Trucking SUBPOENATO ATTEND AND TESTIFY TO: Custodian of Records: Alexander Spring rehab 99-6356 You are ordered by the court to come to 300 Lawyers Building Pittsburgh, Pa 15219 (Specify courtroom or other place) at Pittsburgh Allegheny County, Pennsylvania, on Jan. 20. 2000 at 10 o'clock, A• M., to testify on behalf of Defendant in the above case, and to remain until excused. 2. And bring with you the following: sAr n r-r.arhPd Rider If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and Imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: 4oo Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # BY THE COURT: t t- Prothonotary/Clerk, vil ivision Date: JZUV... 4A, 19 9 9 Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. R No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff, 7/97) , EXPLANATION OF REQUIRED RECORDS TO: c•Us•rt)I)IAN OF ItECOlIDS POlt: ALEXANDER SPRINGS 1WHAB. 27 ISItOOKWOOD AVENUE CAltl,l LE. PA 171113 It E: 651126 ('I. WFSSA Halt Am, and all records, correspondence, files and memorandums, handwritlen moles, relalin g to any examination, consultation, care or treatment. ****TO INCLUDE PATIENT II) SHEET******* Dates Requested: up to and Including the present. Suliiecl : CLAIRESSA IIERR 507 IIILLCREST DRIVE, CARLISLE, PA 17013 Social Security N: 163.52-9271 sc S II ?r"?l1 e4. SU10-008669 65026-1,03 r" . r7; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr Vs. 99-6356 File No. Ward Trucking SUSPOENATO ATTEND ANDTESTIFY TO: Custodian or Records: Carlisle Hospital 1. You are ordered by the court to come to 300 Lawyers Building Pittsburgh, Pa 15219 (Specify courtroom or other place) at Pittsburgh Allegheny County, Pennsylvania, on Jan. 20 2000 at 10 o'clock, A. M., to testify on behalf of Defendant in the above case, and to remain until excused. 2. And bring with you the following: See Attached Rider If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: Ono Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # Date: C?curr. Lam. 3v /C69 Seal of the Court BY THE COURT: Prolhonotary/Clerk, Ci Div sio( n Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuabie, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS IY>: CUSTODIAN O RECORDS Foot: r'Al(I,ISLI? IIOSPITAL 46 PARKEit STREET ('ARI.ISLE, PA 17013 RE: 6502x, ('LAIRESSA 11E1M Any and all records, correspondence, files and menwr ndums, handwri0en holes. relining to any examination, consultation rare or treatment. Dales Requested: up to and Including the present. Subject : CI.AIRESSA HERR 507 IIILLCREST DRIVE, CARLISLE, PA 17013 Social Secrrily N: 163.52.9271 SU10-008671 65026-"04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rerr VS. Ward Trucking TO: File No. SUBPOENA TO ATTEND AND TESTIFY Custodian of Records: Dr. Clawson 99-6356 1. You are ordered by the court to come to 300 Lawyers Building Pittsburgh, Pa 15219 (Specify courtroom or other place) at Pittsburgh Allegheny County, Pennsylvania, on Jan. Mn 2nnn at 10 o'clock, A. M., to testify on behalf of Defendant in the above case, and to remain until excused. 2. And bring with you the following: C^^ "«^^hprl Rl rinn If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and Imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Pion, Esq. Address: Linn Two 220 21sen Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID N Date: .?...1,. 192.9 Seal of the Court BY THE COURT: (? 7 /C Prothonotary/Clerk, [, vil ivision Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: IM. KEVIN CLAWSON ?211 WILSON STREET SUITE 106 CARLISLE, PA 17013 It E: 6502x, t'I.AIRESSA HERR Any anthill records, correspondence, files and memorandums, handwritten notes, rcl:ding to any examination, consultation, care or treatment. "' **TO INCLUDE PATIENT 11) SHEET"""' Dales Requested: up to and including the present. Suldecl : CLAIRESSA HERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security N: 163.52.9271 SU10-008673 65026-1,05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr vs. 99-6356 Fllo No. Ward Trucking SUBPOENA TO ATTEND AND TESTIFY TO: Custodian of Records: Dr. Danidla ` 1. You are ordered by the court to come to - 300 Lawyers Building Pittsburgh, Pa 15219 (Spocily courtroom or other place) at Pittsburgh AlLSti4lty County, Pennsylvania, on _,Lan. 20. 2000 10 A. Defendant at o'clock, ____M., to lostify on behalf of in the above case, and to remain until excused. 2. And bring with you the following: _ et! Attached filder If you fail to attend or to produce the documonts or things required by this subpoena, you may be subject to the sanctions authorized by Rulo 234,5 of file Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney foes and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John Plon, Iinq, Address: Pittsburgh, I'a 1'i222 Supremo Court ION BY THE COURT: Prothonotary/Clerk, Ci Di iov66 n Date: smil of Iho Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and boforo nrbitmtors, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2, (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: cus"roD1AN OF RECORDS FOR: Dit. MICIIAEL DANIELS 3113 N. BALTIMORE AVENUE MT. 1IOLLY SPRINGS, PA 17065 RE: 651136 (`I.AIRESSA HEIM Any and all records, correspondence, files and meni randums, handwritten holes, relating to any examin:dum, consullalion, care or treatment. "= *t**TO INCLUDE PATIENT 11) SHEET******* Dates Requested: up to and Including the present. SubJect : CLAIRESSA HERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security N: 163.52-9271 rt 4 :t r, SU10-008675 65026-L,06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr vs, Ward Trucking File No. SUBPOENA TO ATTEND AND TESTIFY TO: Custodian or Records: Dr, S1 Van Do 99-6356 1- You are ordered by the court to come to 300 Lawyers Building Pittsburgh, Pa 15219 (Specify courtroom or other place) at Pittsburgh At leghony County, Pennsylvania, on Jan. 20. 2000 at 10 o'clock, A, M., to testify on behalf of Defendant In the above case, and to remain until excused. 2. And bring with you the following: _SCCAttached Rider II you fall to attend or to produce the documents or things required by this subpoena, you may be subject to tho sanctions aulhorizod by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: John I'lon, Esq. Address: !t00_1WO_p1,11_P1ace Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID of Date: -t1Yiu..xsw_ 9v i9rI9 Seal of the Court BY THE COURT: /C ,te r_ 1 Prothonotary/CI , C Al Division L_??) qtr a 4 + i Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234, 1. II a subpoena for a production of documents, records or things is desired, complete paragraph 2. (ER. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: Dll. FI VAN DO 175 LANCASTER BLVD. MI-CHANICSBUIM, PA 17055 RE: 65026 t LAMESSA HERB Any and all records, correspondence, files imd mcnwrandumx, handwritten ntdes, relating it) any examination, consultation, care or treatment. r,*Y,ro INCLUDE PATIENT ID SHEET******* Dales Requested: tip to and including the present. Subject : CLAIRESSA HERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security N: 163-52.9271 SU10-008677 65026-L.07 Herr Ys. Ward Trucking COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 99-6356 File No. SUBPOENA TO ATTEND ANDTESTIFY TO: Custodian of Records: Dr. hoban 1. You are ordered by the court to come to 300 Lawyers Building Pittsburgh, Pa 15219 (Specify courtroom or other place) at Pittsburgh Allegheny County, Pennsylvania, on Jan. an. 2000 _ at , o o'clock, A. M., to testify on behalf of -Defend ft. b in the above case, and to remain until excused. 2. And bring with you the following: See Attached Rider If you fall to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, Including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(x): Name: John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID k Date: ,(0 ...? 70 / 9 R 9 Seal of the Court BY THE COURT: Prothonotary/Clerk, Ci it ivision Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. R No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2 (EN. 7/97) , . 4 ? EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOIL: Mt. RONALD HOBAN 07 WALNUT BOTTOM ROAD SI III'1'rNSBtlltr, PA 17257 It r: (151120 c 9.AIRrSSA HERR Any and all records, correspondence, files and memorandums, handwritten holes. Mating lo any examination, consultation, care or treatment. *'***To INCLUDE PATIENT 11) SHEET******* Dales Requested: up to and Including the present. Subject : CLAIRESSA HERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security #: 163.52-9271 SU10-008679 65026-L.08 tv t 3 1; S { I l ?? { C .. A y (y1W I { ?R r 0 I , I f L' Y YA YL r, x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, Husband and Wife Plaintiffs, V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendants. CIVIL DIVISION No. 99-6356 Civil Tenn Issue No. NOTICE OF SERVICE Code: Filed on behalf of DEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. I.D. 1143675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm 4067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED CLAIRESSA HERR and ) IN THE COURT OF COMMON PLEAS KIRBY HERR, ) OF CUMBERLAND COUNTY, PENNSYLVANIA Wife and Husband, ) Plaintiffs, ) No.: 99-6356 - Civil Term VS. ) CIVIL ACTION - LAW KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) JURY TRIAL DEMANDED Defendant. ) NOTICE OF SERVICE OF SECOND SET OF INTERROGATORIES TO: PROTHONOTARY Kindly be advised that Second Set of Interrogatories were directed to the Plaintiff by service of an original and two copies on or about January )f , 2000. Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 COUNSEL FOR PLAINTIFF DICKIE, McCAMEY & CHILCOTE, P.C. .IQhfi ;T. Pion, I Counsel for Defendan Cr C) C\j r}_?. ci °'eC sr. cj U CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6356 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' OBJECTIONS TO DEFENDANTS' SECOND SET OF INTERROGATORIES Objection. The second set of interrogatories exceeds the permissible number of interrogatories as specified by the Cumberland County Local Rules. This objection was previously made to a portion of the Defendant's first set of interrogatories to the extent that those interrogatories contained more than 40 questions and sub-questions and thus violated the Cumberland Coi my Local Rules. Respectfully submitted, ADLER & CLARAVAL Date: Loo By ROBERT F.CLARAVAL 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 (717) 233-4780 Supreme Court I.D. #19222 Attorneys for Plaintiffs 1 CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant : IN T14E COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6356 CIVIL ACTION - LAW JURY TRIAL DEMANDED I hereby certify that I have this day served a true and correct copy of the attached Plaintiffs' Objections to Defendants' Second Set of Interrogatories by first class mail, postage prepaid, addressed to the following person: is John Pion, Esq. Dickie, McCamey & Chilcotc Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Date: 00 ADLER & CLARAVAL +s a t x'YA +2 A +?4 i+fd?C z By UV l lW DENISE 1. WILLIAMS, Secretary For Robert F. Claraval CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22•F IN THE MATTER OF: COURT OF COMMON PLEAS HERR TERM, 99 -VS- CASE NOz 99-6356 WARD TRUCKING As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN PION, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to he served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the 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: 03/0212000 JOHN PION, ESQUIRE Attorney for DEFENDANT DEII-003937 65026-C03. COMMONWEALTH OF P E N N S YL VAN =A COUNTY OF C UM B E RLA N D IN THE MATTER OF: COURT OF COMMON PLEAS HERR -vs- WARD TRUCKING TERM, 99 CASE N0: 99-6356 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: ROBERT CLARAVAL, ESQ. MCS on behalf of JOHN PION, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03102/2000 CC: JOHN PION, ESQUIRE - MCS on behalf of JOHN PION. ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP. INC. 300 LAWYERS BUILDING PITTSBURGH, PA 15219 (412) 642-4420 DE02-015008 6502-6-C03. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ific?'E-ss:? r ?fRl3Y M?RR J 01 .1k2. "l ?RZ I\4 c' ? SKr -ho File No. T? - tO 3,?n ?t (/(L W -cLw1J6 Cd,eF SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian or REcords: Dr. Jergensen (Namo of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED RIDER at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOLLOWING PERSON: Name John Pion. Esq. 400 Two PPO Place Address: Pittsburgh, PA 15222 Telephone: (412) 642-4420 Supreme Court ID # Attorney For: Defendant Date: 40"0"6 Seal of the Court (Eff. 7/97) RV THE P.r)l IRT- EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOIL: DR. J. CRAIG JERGENSEN 550 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: x,5112(, CLAIRESSA HERR Any and all records, correspondence, tiles and memorandums, handwritten notes, relating to any examination, consultation, care or trcalment. """'TO INCLU15E PATIENT ID SHEET'**-*** Dates Requested: up to and including the present. Subject : CLAIRESSA HERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security M 163.52-9271 SU10-009051 6 5 02- 6- 1,0 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND C4? ??f-SSA c eI R13Y ) 60 va- r-AV A e0- I \ '-? l Sly i 4/D File No. R,?? Ca,eP WW SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of REcords: Zurich Insurance (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED RIDER at 300 Lawyers Building Pittsburgh Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fall 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: Nam@ohn_Pion, raq. 400 Two PPG Place Address: Pittsburgh, PA 15222 (412) 642-4420 Telephone: Supreme Court ID # Defendant Attorney For: BY THE COURT: Civil Date: 4 ?C- c2 D-° Seal of the Court (Eff. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ZURICH INSURANCE FOSTEII PLAZA P.O. BOX 1884 11ITTSBUItGH.I'A 15230 RE: 6511211 CLAIRESSA HERB REQUESTING COMPLETE DISABILITY FILE Any and all insurance records. Dales Requested: up to and including the present. Subject : CLAIRESSA HERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security #: 163-52-9271 SU10-009053 65026-L X O COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND C REsst} t- eI RS Y 960.8 16kL! dAl ?RZ ?f t-'Z ?RSK r ?rJD File No. I _ ?03 ?tf/(L W"D /r LCPK0JG Ca SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of REcords: Dr. Jergensen (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED RIDER at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTHE REOUEST OFTHE FOLLOWING PERSON: Name John Pion Esq 400 Two PPG Place Address: Pittsburgh, PA 15222 (412) 642-4420 Telephone: Supreme Court ID # Attorney For: Defendant Date: t I Seal of of the Court (EN. 7/97) 11 CV TWC r:nt taT- EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOIt: Ilk. J. C1WG JERGENSEN 550 WALNUT BOTTOM ROAD CARLISLE. PA 17013 RE: 65026 CLAIRESSA IIERR Any and all records, correspondence, files and memorandums, handwritten notes. Mating to any examination, consultation, care or treatment. '*****TO INCLUDE PATIENT 1D SHEET******* Dates Requested: tip to and including the present. Sub.iect : CLAIRESSA HERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security M 163.52.9271 SU10-009051 65026-1,09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND (2Lm kEwk r eI R/3 Y M 6ZR // J a File No. ? - t0 Sao t /-Af/<L ??,,j ??tyksK# ?v Ru ¢lnl6 (?rEp, W w SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of REcords: Zurich Insurance (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED RIDER at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fall 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: 400 Two PPG Place Address: Pittsburgh, PA 15222 (412) 642-4420 Telephone: Supreme Court ID If Defendant Attorney For: 1?1 = -? ?- a 0'?D`d Date: Seal of the Court r t , (EB.7/97) RV TW= r i'll JAT- EXPLANATION Or REQUIRED RECORDS TO: CUSTODIAN OF ItECOIMS root: rUltlctl INSURANCE FOSTM PLAZA P.0. BOX 1884 I'll"I'SI U11011. PA 15230 RE: n;026 CLAIRESSA HEIM ItEQUESTING COMPLETE DISABILITY FILE Any and :dl insurance records. Dates Requested: up to and including the present. Subject : CLAIRESSA IiERR 507 HILLCREST DRIVE, CARLISLE, PA 17013 Social Security #: 163.52-9271 SU10-009053 6 5 0 26 - 1,10 m Cl) r Lai G ryis? a €, v! SSA. wrj y taF ? t s?+ yi ?nr NrN C%2=1036m) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, Husband and Wife Plaintiffs, V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendants. CIVIL DIVISION No. 99-6356 Civil Term Issue No. NOTICE OF SERVICE Code: Filed on behalf of DEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. I.D. #43675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED CLAIRESSA HERR and KIRBY HERR, PENNSYLVANIA Wife and Husband, Plaintiffs, vs. KAZIMIERZ KACZERSKI and WARD TRUCKING CORP., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, No.: 99-6356 - Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF SERVICE OF ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUEST OF PRODUCTION TO: PROTHONOTARY Kindly be advised that Answers to Plaintiffs Interrogatories and Responses to Plaintiffs Request for Production of Documents on behalf of Ward Trucking Company were directed to the Plaintiff by service of the original on or about March, 2000. Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 COUNSEL FOR PLAINTIFF DICKIE, McCAMEY & CHILCOTE, P.C. C s`? 1 ? Y By: oh T. Pion, Esq. Counsel efendants ?._ Illr? }• 7 ... .l •f ( ?I ` `? p ?.• ? ? 1 ),? 1?:_. ? r? in y ,. ` i?ri t.i ? o cj ewwrwawecouaneHecav a.+.,,?oaoro+o.ro IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, Husband and Wife Plaintiffs, V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendants. CIVIL DIVISION No. 99-6356 Civil Term Issue No. NOTICE OF SERVICE Code: Filed on behalf of DEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. I.D. #43675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED CLAIRESSA HERR and ) IN THE COURT OF COMMON PLEAS KIRBY HERR, ) OF CUMBERLAND COUNTY, PENNSYLVANIA Wife and Husband, ) Plaintiffs, ) No.: 99-6356 - Civil Term VS. ) CIVIL ACTION - LAW KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) JURY TRIAL DEMANDED Defendant. ) NOTICE OF SERVICE OF ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUEST OF PRODUCTION TO: PROTHONOTARY Kindly be advised that Answers to Plaintiffs Interrogatories and Responses to Plaintiffs Request for Production of Documents on behalf of Kazimierz Kaczerski were directed to the Plaintiff by service of the original on or about 2000. Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 COUNSEL FOR PLAINTIFF DICKIE, McCAMEY & CHILCOTE, P.C. By(? John T. Pion, Esq. Counsel for ?cfendants y ?F GYM ??t?; I ? li?? ? ? ? .? ? C,} t?, ? "-? ? Y' i ': l ?% _ Vii, ?.. 1 ... ..?? c3 n a 8WWM1ERMOVERSHECRV Am10.7000)177?Vm) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, CIVIL DIVISION Husband and Wife No. 99-6356 Civil Term Plaintiffs, Issue No. V. NOTICE OF SERVICE KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Code: Defendants. Filed on behalf of DEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. I.D. #43675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED w ..1Y sf? CLAIRESSA HERR and KIRBY HERR, PENNSYLVANIA Wife and Husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiffs, ) No.: 99-6356 - Civil Term VS. ) CIVIL ACTION - LAW KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) JURY TRIAL DEMANDED Defendant. ) NOTICE OF SERVICE OF EXPERT INTERROGATORIES TO: PROTHONOTARY Kindly be advised that Expert Interrogatories were directed to the Plaintiff by service of an original and two copies on or about June -d-()-, 2000. Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 COUNSEL FOR PLAINTIFF DICKIE, McCAMEY & CHILCOTE, P.C. By: Jo n Pion, Esq. Counsel for, a ndants C`• ?? ` IL i] U. 7 CS CJ CI1 .. rs« CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OFt HERR -VS - COURT OF COMMON PLEAS TERM, 99 CASE NOt 99-6356 WARD TRUCKING As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN PION. ESQUIRE. defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to ench party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the 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. DATEt 07/14/2000 JOHN PION, ESQUIRE _ Attorney for DEFENDANT DEII -004203 6 5 0 2 6- C O 1 COMMONWLAL'CI-I OF PENNN','I.VAN T ?\ COUN'T'Y OF CUMBERI.AND IN THE NATTER OF: '^URT OF CQIMIT11 PLEAS HERB -VS- WARD TRUCKING TERM, 00 "ASE 110: 00.i)_R NOTICE OF INTENT TO SERVE. A SUBPOENA TO PRODUCE DOCUMENTS Note: see enclosed list of locations TO: ROBERT CLARAVAL, ESQ. MCS on behalf of JOHN PION, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection Is made the subpoena may be served pursuant to the applicable Pennsylvania Roles of Civil Procedure 4009.24. Complete copies of any reproduced records may he ordered at your expense by completing the attached counsel card and ret:trning same to MCS or by contacting our local MCS office. DATE: 07114/2000 MCS on behalf of JOAN PION, ESQUIRE Aitorney for DEFENDANT CC: JOAN PION, ESQUIRE - 211435 Any questions regarding this matter, contact THE MCS GROUP, INC. 100 LAWYERS BUILDING PITTSBURGH, PA 15219 (412) 642-4420 DE02-015353 6:107--6-CO3. >>> LOCATION LIST «< PAGE: RECORDS REQUESTED LOCATION NAME MEDICAL IIF.RSIIF.Y MEDICAL CENTER MEDICAL DR. RODNEY HOUGH MEDICAL DR. THOMAS SUCH MEDICAL DR. TOD SAMUELS EMPLOYMENT THE. ROOK OF THE. MONTH CLUB EMPLOYMENT UNEMPLOYMENT OFFICE OTHER JOB SERVICE OTHER MEMBERS FIRST CREDIT UNION INSURANCE MINNESOTA LIFE MEDICAL SSA/DISABILITY EMPLOYMENT BON TON EMPLOYMENT ALLEGHENY OPTICAL EMPLOYMENT GORDON'S JEWELERS OTHER YOU 6 FITNESS EMPLOYMENT AVON PRODUCTS DEO2-015353 6 5 0 2 6- CO I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr Vs. Ward Trucking ?9-u356 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: Members First Credit Union (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 6 all records in your possession relating to Clarrisa Herr SSN:163m52-9271 RECORDS ARE TO BE MAILED IN LEIB OF PERSONAL APPEARANCE at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 4OU Two PPG Place Pittsburgh, Pa 152P2 Telephone: (112) 642-4420 Supreme Court ID # Attorney For: Defendant BY THE COURT: Prothonotaryl er , Civil Division Date: Seal of the Court Deputy (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ilerr VS. File No, 99-6356 Ward Trucking SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records: Job Service (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any b all records in your possession relating to Clarrisa Herr SS#:163-52-9271 ******** RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE 0*0***** at 300 LAwyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may week a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) b42-4420 Supreme Court ID # Attorney For: Defendant Date: -17 Seal of the Court BY THE COURT: A. t.__. Prothonotary/CI rk, Civil Division Deputy (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr VS. File No. 99-0356 Ward 'trucking SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records: Unemployment Office (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 6 all records relating to the employment of Clarrisa Herr SSN:163-52-9271 ¦a*0r,r*0* RECORDS ARE TO DE MAILED IN LEIU OF PERSONAL APPEARANCE '**"**+ at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID ft Attorney For: Defendant BY THE COURT: 1 Date: Seal of the Court Cyr,,'L• d 4e,",..) Prothonotary/Cldrk!Civil Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ilerr VS. Ward Trucking SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: The Book of The Month Club (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any & all records relting to the employment of Clarrisa Iferr S3#:163-52-9271 ????;???¦ RECORDS ARE TO BE NAILED IN LEIB OF PERSONAL APPEARANCE '###ii** at 300 Lawyers Building Pittsburgh. Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion. Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone (412) 642-4420 Supreme Court ID # Attorney For: Defenti9nt BY THE COURT: Date: ".1,111 / r Prothonotary Irk, Civil Division Seal of the Court Deputy File No. 99-6356 (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ilerr vs. File No. Ward Trucking SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO:Custodian of Records: Dr. Samuels (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any s all records, correspondence, I'iles, memoranaums, handwritten notes, relating to the examination, care, or treatment ut' Clarrica Herr ::5d:lb3-52-,)271 ++?+++++ RECORDS ARE TO BE MAILED IN LEIB OF PERSONAL APPEARANCE at300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name,John Pion, Es q. UU 'rwo PPG ace Address: Pittsburgh, Pa 15222 Telephone:(412) n42-4420 Supreme Court ID a Attorney For:Defendant BY THE COURT: A`- Prothonotary/ er , Civil Division / l i (-Cs Date: Seal of the Court Deputy (Eff, 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ilerr vs. Ward Trucking File No. 99-0356 SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: Dr. Boch (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 6 all re--ords, correspondence, files, memorandums, handwritten notes, relating to the examination, care, or treatment of Clarrisa Nerr SSd:lb3-52-9271 ********* RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE not***** at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, "Esq. 4150 Two FPO ace Address: Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # Attorney For: Defendant BY THE COURT: Date: Seal of the Court Prothonotary/Gflerlt, Civil Division ' Deputy (EN. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr VS. File No. Ward Trucking 99-b356 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records: Dr. }lough (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any s all records, correspondence, files, memorandums, handwritten notes, relating to the examination, care, or treatment of Clarvisa Herr SSd:163-52-9271 ¦?arearfr.¦ RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE s;*'ate• at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. 400 Two PPG ace Address: Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID tt _ Attorney For: Defendant BY THE COURT: cc-- L. X, i(o- 4 r, . Prothonotary/CI rk, Civil Division Date: ?- Seat of the Court ' Deputy (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr vs. File No. i9-os5u Ward Trucking SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: Hershey Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any A all records, correspondence, files, memorandums, handwritten notes, relating to the examination, care, or treatment of Clarrisa Herr SSY:163-52-9271 r,sarr,**** RECORDS ARE TO BE MAICED IN LEIU OF PERSONAL APPEARANCE aaaaas*M at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion. Esq. 400 Two PPG Place Address: Pittsburgh. Pa 15222 Telephone: (412) 642-4420 Supreme Court ID ti Attorney For: Defendant BY THE COURT: !i" kvt# ?,.. ProthonotaryfClefk, Civil Division Cate: - ---- - -____?,_ ----- ----- +Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr vs. Ward Trucking File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: Avon Headquarters (Name of Person or Entity) 99-6356 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any s all employment records in your possession relating to Clarrisa Herr SS#:163-52-9271 40a00f0*0 RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE 's*aaiaa at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. It you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, E-sq. Address: 400 Two PP(; Place Pittsburgh, Pa 15222 Telephone:(412) 642-4420 Supreme Court ID # Attorney For: Defendant BY THE COURT: Prothonotary/CI rk, Civil Division Date: I Seal of the Court i Deputy (EN. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND fierr vs. Ward Trucking 99-6356 File No. SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO Custodian of Records: Cordons Jewlers (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any a all employment records in your possession relating to Clarrisa Herr SSM:163-52-9271 *****¦*** RECORDS ARE TO BE MAILED IN LEIB OF PERSONAL APPEARANCE ******** at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek In advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone:(412) 642-4420 Supreme Court ID # Attorney For: Defendant BY THE COURT: 7 Prothonotary/CI rk' ivil Division Date: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr 7S. 99-6356 Ward Trucking File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO?ustodian of Records: Allegheny Optical (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 6 all employment records in your possession relating to Ciarrisa Herr SSN:163-52-9271 naaasna RECORDS ARE TO BE MAILED IN LEIB OF PERSONAL APPEARANCE aaaaaaa• at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek In advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPO Place Pittsburgh, Pa 15222 Telephone012) 642-4420 Supreme Court ID N Attorney For: Defendant BY THE COURT: Date: i Seal of the Court Prolhonotary/ e , Civil Division Deputy (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr VS. Ward Trucking File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Custodian of Records: Bon Ton 11 6356 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any s all employment records in your possession relating to Clarrisa Herr ss#:163-52-9271 ++srr§a¦** RECORDS ARE TO BE MAILED IN LEIB OF PERSONAL APPEARANCE ¦04a0r.1¦ at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone:(412) 642-4420 Supreme Court ID It Attorney For: Defendant BY THE COURT: Date: Seal of the Court ' _, h) Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr vs• ?9-6356 Ward Trucking File No. SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: Minnesota Life (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any A all ineuranro rnrnrAs in your, ponno-i inn y,jnti rig to Cinrri sa Iforr SSH-163-52-92 1 *****¦*** RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE ***¦¦*** at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things request3d 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 REOUEST OF THE FOLLOWING PERSON: Name John Plon, Esq. Address: 1100 Two PPG Place Pittsburgh, Pa 15222 Telephone:( 412) 642-1120 Supreme Court ID ft Attorney For: Defendant BY THE COURT): Date: • ' •, I if Seal of the Court Prothonotary/ClerK, Civil Division Deputy (Efl. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr 73. Ward Trucking File No. SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO:Custodian of Records: You 6 Fitness (Name of Person or Entity) 99-6356 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any a all records in your possession relating to Clarrisa Herr SSN:163-52-9271 *****eta• RECORDS ARE TO BE MAILED IN LEIB OF PERSONAL APPEARANCE ¦#teaat* at 300 Lawyer's Building Pittsburgh, Pa 15219 (Address) You may deliver or mall legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone:(412) 642-4420 Supreme Court ID q Attorney For: Defendant Date: Seal of the Court BY THE COURT: Prothonotary/CI rk, T Civil Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr Ward Trucking File No. 99-6356 SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 MO ustodian of Records: :octal Security Disability (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 6 all records in your possession relating to Clarrisa Herr SSd:163-52-9271 '¦""¦¦¦ RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephonel412) 642-4420 Supreme Court ID ff Attorney For: Defendant BY THE COURT: Prothonotary/ e , Civil Division Date: rte- ! h,, ,, Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr vs. ' Ward Trucking File No, 99-6356 SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009,22 TO: Custodian of Records: Members First Credit Union (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any & all records in your possession relating to Clarrisa Herr SS#:163-52-9271 ********* RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE ******u at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) 1142-4420 Supreme Court ID # Attorney For: Defendant BY THE COURT: Prothonotary/ er , Civil Division Date: Seal of the Court Deputy (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr ?s, File No. 19-035b Ward Trucking SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: Job Service (Name of Person or Enlity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any & all records in your possession relating to Clarrisa Herr SSN:lb3-52-9271 ******** RECORDS ARE TO BE MAILED IN LEIB ON PERSONAL APPEARANCE ******** at 300 LAwyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID k Attorney For: Defendant BY THE COURT: Prothonotary/CI rk, Civil Division Date: Seal of the Court ?) LLI 1 r' Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND lierr vs. File No, 99-b356 Ward Trucking SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009,22 TO: Custodian of Records: Unemployment Office (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 6 all records relating to the employment of Clarrisa Rerr SSN:163-52-9271 ********* RECORDS ARE TO 0E MAILED IN LEIU OF PERSONAL APPEARANCE ******** at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) 642-44120 Supreme Court ID # Attorney For: Defendant BY THE COURT: A Prothonotary/CI r , Civil Division Date: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr VS. File No.99-b35b Ward Trucking SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: The Book of The Month Club (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any & all records relting to the employment of Clarrisa Herr SS#:1b3-52-9271 ********* RECORDS ARE TO BE NAILED IN LEIB OF PERSONAL APPEARANCE '******* at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # Attorney For: Date: Defenddnt BY THE COURT: Prothonotary Irk, Civil Division Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr VS. File No. Nord Trucking 99-1,356 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO:Custodian of Records: Dr. Samuels (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any & all records, correspondence, files, memorandums, handwritten notes, relating to the examination, care, or treatment of Clar•risa Iferr SSN:lb3-52-9271 ¦******** RECORDS ARE TO DE MAILED IN LEIB OF PERSONAL APPEARANCE ******** at300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above,You have the right to seek In advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name,John Pion, Esq. 400 Two PPG Place Address: Fittsburgh, Pa 15222 Telephone:(412) 1,12-4420 Supreme Court ID tt Attorney For:Defendant BY THE COURT: LiL,<<.: A' t. Prothonotary/ er , Civil Division Date: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr va. File No. Ward Trucking V9-b35b SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records: Dr. Boch (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 6 all records, correspondence, files, memorandums, handwritten notes, relating to the examination, care, or, treatment of Clarrisa Herr ssn:lb3-52-9271 +*++++++• RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE ++++++++ at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. 40U Two et•U t•lace Address: Pittsburgh, Pa 15222 Telephone: (412) n42-4420 Supreme Court ID # Attorney For: Defendant BY THE COURT: /? Prothonotary/ ler , Civil Division Dale: Seal of the Court Deputy (EH. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr VS. File No. 99-u356 Ward Trucking SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: Dr. Hough (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 3 all records, correspondence, files, memorandums, handwritten notes, relating to the examination, care, or treatment of Clarrisa Herr SSd:163-52-9271 *+**•++a+ RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mall legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. 7615 Two PPu ace Address: Pittsburgh, Pa 15222 Telephone: (412) 642-4u20 Supreme Court ID q Attorney For: Defendant BY THE COURT: Prothonotary/CI rk, Civil Division Date: r _ rtL-t C L_ Seal of the Court j~' Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr •!s. Ward Trucking File No. 99-U356 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO. Custodian of Records: Hershey Medical Center (Name or Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 6 all records, correspondence, files, memorandums, handwritten notes, relating to The examination, care, or treatment of Clarrisa Herr SSW:163-52-9271 ********* RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE ******** at 300 LAwyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. 1100 Two PPG Place Address: Pittsburgh. Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # Attorney For: Defendant Date: Seal of the Court BY THE COURT: Prothonotar Clerk, Civil Division , Deputy (Elf. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr vs, `'9-6356 Ward Trucking File No. SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: Avon Headquarters (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 5 all employment records in your possession relating to Clarrisa Herr SS#:163-52-9271 ??s•*?ei¦ RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE se;ee*ee at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, ?a 15222 Telephone:(412) b42-4420 Supreme Court ID # Attorney For: Defendant BY THE COURT: (?.•r 1?/1tk ,- Prothonotary/CI rk, Civil Division Date: 1 Seal of the Court Deputy (EN. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr Vs. Ward Trucking File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO:Custodian or Records: cordons Jewlers (Name of Person or Entity) 99-6356 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any & all employment records in your possession relating to Clarrisa Herr SS#:163-52-9271 *??????• RECORDS ARE TO BE MAILED IN LEIB OF PERSONAL APPEARANCE ?r,rrrrr,i?rt at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, ?a 15222 Telephone:( 412) 642-4420 Supreme Court ID # Attorney For: Defendant BY THE COURT: J Prothonotary/CI rk, ivil Division Date: Seal of the Court Deputy (EH. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ifer•r vs. Yard Trucking File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TOFustodian of Records: Allegheny optical (Name of Person or Entity) 99-6356 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 6 all employment records in your possession relating to Clarrisa Herr SSN:163-52-9271 ¦es?au?s RECORDS ARE TO BE MAILED IN LEIB OF PERSONAL APPEARANCE a*a91a*a at =00 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek In advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone(412) 642-4420 Supreme Court ID 4 Attorney For: Defendant Date: BY THE COURT:) PLC ? .u Prothonotary/ ler c, Civil Division )ltccc'c„ Seal of the Court ' Deputy (EH. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr VS. Ward Trucking File No. 99-(1356 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO:Custodian of Records: Bon Ton (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any & all employment records in your possession relating to Clarrisa Herr SS#:163-52-9271 ********* RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE ******** at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone: 412) 642-4420 Supreme Court ID # Attorney For: Defendant BY THE COURT: LtE%!6 /l, . " 647 ?,z Prothonotary/Clerk, Civil Div' ision Date: a Seal of the Court Deputy (Eff. 7/97) .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr vs. Ward Trucking File No. SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: Minnesota Life (Name of Person or Entity) 99-6356 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any A all lnnuranco rPrnrdn in your nnnnPVninn rointing rn rlarrlga norr SSM•163-q 1 seaaafaaa RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL. APPEARANCE areaaarrrr at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone:(412) 642-4420 Supreme Court ID # Attorney For: Defendant BY THE COURT: Ltt.. i, , IC A..-, Prothonotary/Clerk, Civil Division Date: ilecr_i? Seal of the Court Deputy (Eff. 7/97) Herr vs. Ward Trucking COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 99-6356 File No. SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: You 6 Fitness (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 6 all records in your possession relating to Clarri3a Herr SS#:163-52-9271 NNNNNNNNN RECORDS ARE TO BE MAILED IN LEIU OF PERSONAL APPEARANCE NN" " " at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek In advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPO Place Pittsburgh, Pa 15222 Telephone:( 412) 642-4420 Supreme Court ID # Attorney For: Defendant Date: Seal of the Court BY THE COURT: Prothonotary/CI rk, ivilO Division ,.j, tt,rf?_ Deputy . (Eff.7/97) v COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr 79. Ward Trucking File No. 99-6356 SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TOiCustodian of Records: Social security Disability (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any s all records in your possession relating to Clarrisa Herr SSd:163-52-9271 *¦******* RECORDS ARE TO BE MAILED IN LEIB OF PERSONAL APPEARANCE goal**** at 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John Pion, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephonel412) 642-4420 Supreme Court ID # Attorney For: Defendant BY THE COURT: L14- P= Prothonotary/ e , Civil Division Date: - -?, Seal of the Court Deputy (Eff. 7/97) i. v. f• Li q S:N y 1, 4 x . r.s u?n - U CL. r • w cn 'a) CJ O I f . y CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6356 : CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFFS' OBJECTIONS TO DEFENDANTS' EXPERT WITNESS INTERROGATORIES Interrogatories 1-14 are objected to because they exceed the number of interrogatories permitted by the Cumberland County Local Rules. In addition, the interrogatories seek information not discoverable under the Pennsylvania Rules of Civil Procedure as they pertain to discovery. Date: ? -Iel- ob Resp tfull submitted, ROBERT F.CLARAVAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. #19222 Attorney for Plaintiffs CLAIRESSA HERR and : IN THE COURT OF COMMON PLEAS OF KIRBY HERR, : CUMBERLAND COUNTY, PENNSYLVANIA Wife and Husband, Plaintiffs NO. 99.6356 V. CIVIL ACTION -LAW KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Plaintiffs' Objections to Defendants' Expert Witness Interrogatories by first class mail, postage prepaid, addressed to the following person: .t" John Pion, Esq. k# Dickic, McCamcy & Chilcotc Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 fyT${ ROBERT F. CLARAVAL, ESQ. Date: (,y) By Yl ?,? 0 DENISE I. WILLIAMS, Secretary ?' Ln ?' l ? N Tj F`• ?• lily cn C=p V I CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99.6356 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANTS' MOTION TO COMPEL. ANSWERS TO EXPERT INTERROGATORIES 1. It is admitted that the Complaint was filed on or about December 19, 1999. 2. It is admitted that Defendant served "expert interrogatories" on Plaintiffs on or about June 20, 2000. By way of further answer, the interrogatories contained 14 separate interrogatories with another 31 sub-categories. 3. On or about November 10, 1999 defense counsel served 60 interrogatories upon Plaintiffs, again with numerous sub-parts. Plaintiffs' counsel and Plaintiffs answered 40 of those interrogatories and sub-parts. On November 18, 1999 Plaintiffs' counsel wrote to defense counsel and advised him that the Cumberland County Local Rules state specifically that interrogatories or requests for admissions to a party shall not exceed 40 in number. 9r& Cumberland County Local Rule 4005-I. Accordingly, only the first 40 interrogatories and sub-parts were answered. 4. It is denied that Plaintiffs have not offered any response or objection to the aforementioned discovery requests. To the contrary, Plaintiffs' counsel has pointed out to defense counsel that the interrogatories exceeded the permissible number allowed by Cumberland County Local Rules. 5. It is denied that the Defendant will be prejudiced since the Defendant has violated the local rules. 6. It is admitted that defense counsel sent Plaintiffs' counsel a reminder letter. It is denied that the reminder is applicable for the reasons stated. New Matter 7. As indicated, the Defendants have violated the Cumberland County Local Rules both in their initial set of interrogatories and in their expert witness interrogatories. Taking the two sets of interrogatories together, there are well over 150 interrogatories and sub-parts which ,t defense counsel seeks to have Plaintiffs answer. No good reason or cause has been given by defense counsel for these interrogatories which arc almost four times the number permitted by Cumberland n 'sf County Local Rules. a? t} e f ? ; Ye ' Y u 8. Nevertheless, expert reports have been provided to defense counsel. In response to Defendants' request for production of documents, the Plaintiffs supplied the vocational report from expert witness Psychologist Richard I.. Sieber. Moreover, the medical records of Dr. Michael Daniels, Dr. Casses, Dr. Clawson, Dr. Hoban, Alexander Spring Rehab and Dr. David Baker wero all provided to Defendants' insurance company on July 11, 1999. Those records contain the medical reports applicable to this personal injury case. Finally, there may be one additional report from Plaintiffs current treating chiropractor, Dr. Nicastro, which will be produced in a timely fashion. 9. To the extent that Plaintiffs will call experts at trial, those expert reports, which will be supplemental to the medical records already provided by Plaintiffs' counsel, will be promptly mailed to defense counsel. Date: C' Z. 00 11 Respectfully submitted, y L(?_ B /J ROBERT I:. 1. RAVAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. #19222 Attorney for Plaintiffs CLAIRESSA HERR and KIRBY HERR, Wife and Husband, IN TI IE COURT Or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 99-6356 V. CIVIL ACTION -LAW KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant : JURY TRIAL DEMANDED I hereby certify that I have this day served a true and correct copy of the attached Plaintiffs' Answer to Defendants' Motion to Compel Answers to Expert Interrogatories by first class mail, postage prepaid, addressed to the following person: John Pion, Esq. Dickic, McCamey & Chilcotc Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 ROBERT P. CLARAVAL, ESQ. l !Lr??Q 43a "6 W's Date: 1131co By DENISE I. WILLIAMS, Secretary 5%URNSMERRV:OVERSHE.MM 8000600,20001145pn) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, wife and husband, Plaintiffs, V. KAZIMIERZ KACHZERSKI and WARD TRUCKING CORP., Defendants. No. 99-6356 Issue No. PRAECIPE FOR LIST OF ARGUMENT Code: Filed on behalf of Defendants, Kazimierz Kachzerski and Ward Trucking Corp. Counsel of record for this party: John T. Pion, Esq. Pa. I.D. # 43675 John W. Bums, Esq. Pa. I.D. # 84269 DICKIE, McCAMEY & CHILCOTE, P.C. Firm # 067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY ) HERR, Wife and Husband, ) Plaintiffs, ) No. 99-6356 V. ) KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) Defendants. ) PRAECIPE FOR LIST OF ARGUMENT Kindly list Defendants' Motion to Compel Answers to Expert Interrogatories in the above-captioned matter for argument on the next available list. Respectfully Submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By (21, aj- 4", ohn T. Pion, Esquire John W. Bums, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 281-7272 Attorneys for Defendants. CERTIFICATE OF SERVICE. 1, John W. Bums, Esquire, hereby certify that true and correct copies of the foregoing Praecipe for List of Argument have been served this day of ??2000, by U.S. first-class mail, postage prepaid, to the following counsel of record: Robert F. Claraval, Esquire 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 DICKIE, McCAMEY & CHILCOTE, P.C. By a)' %Anel uire lohn Bums, Esquire Attorneys for Defendants. a?`y •55'L H iat?? d II t7 r s C=l s tr CLAIRESSA HERR and KIRBY : IN THE COURT OF COMMON PLEAS OF HERR, wife and husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs 99-6356 CIVIL Vs. CIVIL ACTION - LAW KAZIMIERZ KACZERSKI and WARD TRUCKING CORP., Defendants IN RE: MOTION TO COMPEL ANSWERS TO EXPERT INTERROGATORIES ORDER AND NOW, this 2 I day of September, 2000, a rule is issued on the plaintiffs to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, fri ?i}L, tir?r lirRf 00 SEP 21 PH 12: n7 CUWERU?,49 COU'Viy PENNSnvlww i ifs W?II 4 ` FSa SEP 19 2"Ir/*2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs, V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORP., Defendants. No. 99-6356 ORDER OF COURT AND NOW, to wit, this day of , 2000, it is hereby ordered, adjudged and decreed that the Plaintiffs shall provide full and complete answers to the Expert Interrogatories of Defendants within ten (10) days of the date of this Order or face further sanctions as deemed appropriate by this Court. BY THE COURT: $=ffi&M RICOVERMFRM 8Wvrbr5.7000(101Gm) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERB, No. 99-6356 wife and husband, Issue No. Plaintiffs, MOTION TO COMPEL ANSWERS TO V. EXPERT INTERROGATORIES KAZIMIERZ KACHZERSKI and WARD Code: TRUCKING CORP., Filed on behalf of Defendants, Kazimierz Defendants. Kachzerski and Ward Trucking Corp. Counsel of record for this party: John T. Pion, Esq. Pa. I.D. # 43675 John W. Bums, Esq. Pa. I.D. # 84269 DICKIE, McCAMEY & CHILCOTE, P.C. Firm # 067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs, No. 99-6356 V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORP., Defendants. MOTION TO COMPEL ANSWERS TO EXPERT INTERROGATORIES AND NOW, come Defendants, Kazimierz Kaczerski and Ward Trucking Corp., by and through its counsel, Dickie, McCamey & Chilcote, P.C., and file the following Motion to Compel Answers to Expert Interrogatories directed to the Plaintiffs, Clairessa Herr and Kirby Herr, and in support thereof avers as follows: 1. This action was commenced by Plaintiffs' filing of a Complaint on or about December 19, 1999. 2. On or about June 20, 2000, Defendants served upon counsel for Plaintiffs Expert Interrogatories. A copy of the Notice of Service of said Expert interrogatories is attached hereto as Exhibit "A". 3. The Plaintiffs did not respond in any fashion to the Interrogatories within the thirty (30) days allotted by the Pennsylvania Rules of Civil Procedure. 4. In fact, to date, the Plaintiffs have not offered any response or objection to the aforementioned discovery request. 5. Defendants require the information sought in their discovery to appropriately defend the present action. Without the information requested in this discovery, the Defendants will be severely prejudiced. 6. On or about August 11, 2000, counsel for the Defendants reminded counsel for the Plaintiffs of the outstanding discovery request in correspondence of that date, a copy of which is attached hereto as Exhibit "B". WHEREFORE, Defendants, Kazimierz Koczerski and Ward Trucking Corp., respectfully request that the Plaintiffs be compelled to produce full and complete responses to its Expert Interrogatories. A proposed Order of Court is attached. Respectfully Submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By 0J *n T. Pion, Esquire John W. Burns, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 281-7272 Attorneys for Defendants. CLAIRESSA HERR and ) IN THE COURT OF COMMON PLEAS KIRBY HERR. ) OF CUMBERLAND COUNTY, PENNSYLVANIA Wife and Husband, ) Plaintiffs, ) No.: 99-6356 - Civil Term VS. ) CIVIL ACTION - LAW KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) JURY TRIAL DEMANDED Defendant. ) NOTICE OF SERVICE OF EXPERT INTERROGATORIES TO: PROTHONOTARY Kindly be advised that Expert Interrogatories were directed to the Plaintiff by service of an original and two copies on or about June ? 2000. Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 COUNSEL FOR PLAINTIFF DICKIE, McCAMEY & CHILCOTE, P.C. N, ?. John T. Pion, Esq. Counsel for Defendants EXHIBIT « B„ 2 yt ? s ; j 5 r?F .t y4 LAw Orrtcts or DICKIE, MCCAMEY & CHILCOTE A Ptortss ONALCORIOIAT10N Two PPG PucE. SOtTt 400 PtnssuxOB. PENNSYLVANIA 13222.3402 TEL. 412/211.7272 FAx.4121392.5367 JoNN T. PtoN ATTORNEY-AT-LAW ADMITTED ALSO tN OH Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 August 11, 2000 RE: Clairessa Herr v. Kazimierz Kaczerski and Ward Trucking Dear Bob: Dutcr DIAL 4121392.5432 Kindly favor me with a response to the expert interrogatories which were forwarded to you on June 16, 2000. In addition, please provide me with dates convenient to your schedule and Dr. Robert Baker's schedule so that 1 can record his deposition as a treating physician. I will schedule the deposition of Mr. Herr on the same date as Dr. Baker's deposition and I will attempt to make Kaz Kaczerski available on the same date as well. I look forward to hearing back from you at your earliest convenience. Very truly yours, -,Tohn-T-Plon JTP:nI :h CERTIFICATE. OF SERVICE. I, John W. Bums, Esquire, hereby certify that true and correct copies of the foregoing Motion to Compel Answers to Expert Interrogatories have been served this day of - 2f2, 2000, by U.S. first-class mail, postage prepaid, to the following counsel of record: Robert F. Claraval, Esquire 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 DICKIE, McCAMEY & CHILCOTE, P.C. By ?1?? John W Burns, Esquire Attorneys for Defendants. LAW OFFICES OF MCKIE, MCCAMEY & CHILCOTE A PROFESSIONAL CORPORATION SUITE 400 Two PPG PLACE PITTSBURGH. PA 15213.5407 John W. Burns, Esquire Dickie, McCamey & Chilcote, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 }' 1 s7ii ^t-r - 5MRNSMERRICOVERSHURM S"A6v6w S,7000(14Apn) C U 9 a '9 • tit (_ ? ,.. t .o 'r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, wife and husband, Plaintiffs, V. KAZIMIERZ KACHZERSKI and WARD TRUCKING CORP., Defendants. No. 99-6356 Issue No. PRAECIPE FOR LIST OF ARGUMENT Code: Filed on behalf of Defendants, Kazimierz Kachzerski and Ward Trucking Corp. Counsel of record for this party: John T. Pion, Esq. Pa. I.D. # 43675 John W. Bums, Esq. Pa. I.D. # 84269 DICKIE, McCAMEY & CHILCOTE, P.C. Firm # 067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED j l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY ) HERR, Wife and Husband, ) Plaintiffs, ) No. 99-6356 V. ) KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) Defendants. ) PRAECIPE FOR LIST OF ARGUMENT Kindly list Defendants' Motion to Compel Answers to Expert Interrogatories in the above-captioned matter for argument on the next available list. Respectfully Submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By (?, (v 7 John T. Pion, Esquire John W. Burns, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 281-7272 Attorneys for Defendants. CERTIFICATE OF SERVICE I, John W. Bums, Esquire, hereby certify that true and correct copies of the foregoing Praccipe for List of Argument have been served this LIjI3 day of 2000, by U.S. first-class mail, postage prepaid, to the following counsel of record: Robert F. Claraval, Esquire 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 DICKIE, McCAMEY & CHILCOTE, P.C. By _ John V. Bums, Esquire Attorneys for Defendants. 6% MNSAMRFMOVERSHE RM 800~0.2020)13tw) SEP 2 2 20000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, wife and husband, Plaintiffs, V. KAZIMIERZ KACHZERSKI and WARD TRUCKING CORP., Defendants. No. 99-6356 Issue No. BRIEF IN SUPPORT OF MOTION TO COMPEL ANSWERS TO EXPERT INTERROGATORIES Code: Filed on behalf of Defendants, Kazimierz Kochzcrski and Ward Trucking Corp. Counsel of record for this party: John T. Pion, Esq. Pa. I.D. # 43675 John W. Bums, Esq. Pa. I.D. # 84269 DICKIE, McCAMEY & CHILCOTE, P.C. Firm # 067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY ) HERR, Wife and Husband, ) Plaintiffs, ) No. 99-6356 V. ) KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) Defendants. ) BRIEF IN SUPPORT OF MOTION TO COMPEL ANSWERS TO EXPERT INTERROGATORIES AND NOW, come Defendants, Kazimierz Kaczerski and Ward Trucking Corp., by and through its counsel, Dickie, McCamey & Chilcote, P.C., and file the following Brief in Support of Motion to Compel Answers to Expert Interrogatories directed to the Plaintiffs, Clairessa Herr and Kirby Herr, and in support thereof avers as follows: STATEMENT OF FACTS This action was commenced by Plaintiffs filing of a Complaint on or about December 19, 1999. On or about June 20, 2000, Defendants served upon counsel for Plaintiffs Expert Interrogatories. The Plaintiffs did not respond in any fashion to the Interrogatories within the thirty (30) days allotted by the Pennsylvania Rules of Civil Procedure. In fact, to date, the Plaintiffs have not offered any response or objection to the aforementioned discovery requests. DISCUSSION Pursuant to Pennsylvania Rule of Civil Procedure 4006(12), parties must answer Interrogatories posed upon them within thirty (30) days. Plaintiffs have not responded in any form to Defendants' Interrogatories. The Defendants require the information sought in this discovery to appropriately defend this action. Without the information requested in this discovery, the Defendants will be severely prejudiced. Further, on or about August 11, 2000, counsel for the Defendants reminded counsel for the Plaintiffs of the outstanding discovery requests in correspondence of that date. CONCLUSION Because Plaintiffs have not provided Answers to Expert Interrogatories within the thirty (30) days mandated by the Pennsylvania Rules of Civil Procedure, Plaintiffs should be compelled to provide such information by this Court. Respectfully Submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By `V An T. Pion, Esquire John W. Bums, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 281-7272 Attorneys for Defendants. 13 Irv .?1? CERTIFICATE OF SERVICE 1, John W. Bums, Esquire, hereby certify that true and correct copies of the foregoing Brief in Support of Motion to Compel Answers to Expert Interrogatories have been served this A?)Jay of b , 2000, by U.S. first-class mail, postage prepaid, to the following counsel of record: Robert F. Claraval, Esquire 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 DICKIE, McCAMEY & CHILCOTE, P.C. By John Y. Bums, Esquire Attorneys for Defendants. I SMANSAIERRICOVERSNEFRM SW~8.7000(/01pm1 SEP 2 2 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, wife and husband, Plaintiffs, V. KAZIMIERZ KACHZERSKI and WARD TRUCKING CORP., Defendants. No. 99-6356 Issue No. BRIEF IN SUPPORT OF MOTION TO COMPEL ANSWERS TO EXPERT INTERROGATORIES Code: Filed on behalf of Defendants, Kazimierz Kachzerski and Ward Trucking Corp. Counsel of record for this parry: John T. Pion, Esq. Pa. I.D. # 43675 John W. Burns, Esq. Pa. I.D. # 84269 DICKIE, McCAMEY & CHILCOTE, P.C. Firm # 067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, Wife and Husband, ) Plaintiffs, ) No. 99-6356 V. ) KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) Defendants. ) BRIEF IN SUPPORT OF MOTION TO COMPEL ANSWERS TO EXPERT INTERROGATORIES AND NOW, come Defendants, Kazimierz Kaczerski and Ward Trucking Corp., by and through its counsel, Dickie, McCamey & Chilcote, P.C., and file the following Brief in Support of Motion to Compel Answers to Expert Interrogatories directed to the Plaintiffs, Clairessa Herr and Kirby Herr, and in support thereof avers as follows: STATEMENT OF FACTS This action was commenced by Plaintiffs filing of a Complaint on or about December 19, 1999. On or about June 20, 2000, Defendants served upon counsel for Plaintiffs Expert Interrogatories. The Plaintiffs did not respond in any fashion to the Interrogatories within the thirty (30) days allotted by the Pennsylvania Rules of Civil Procedure. In fact, to date, the Plaintiffs have not offered any response or objection to the aforementioned discovery requests. DISCUSSION Pursuant to Pennsylvania Rule of Civil Procedure 4006(12), parties must answer Interrogatories posed upon them within thirty (30) days. Plaintiffs have not responded in any form to Defendants' Interrogatories. The Defendants require the information sought in this discovery to appropriately defend this action. Without the information requested in this discovery, the Defendants will be severely prejudiced. Further, on or about August 11, 2000, counsel for the Defendants reminded counsel for the Plaintiffs of the outstanding discovery requests in correspondence of that date. CONCLUSION Because Plaintiffs have not provided Answers to Expert Interrogatories within the thirty (30) days mandated by the Pennsylvania Rules of Civil Procedure, Plaintiffs should be compelled to provide such information by this Court. Respectfully Submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By ( ` V Ohn T. Pion, Esquire John W. Bums, Esquire 7'?+k Two PPG Place, Suite 400 y { Pittsburgh, PA 15222 s (412) 281-7272 1 Attorneys for Defendants. G,>^, Fp`6? CERTIFICATE _OF SERVICIE 1, John W. Bums, Esquire, hereby certify that true and correct copies of the foregoing Brief in Support of Motion to Compel Answers to Expert Interrogatories have been served this -Allay of _?1'_ 2000, by U.S. first-class mail, postage prepaid, to the following counsel of record: Robert F. Claraval, Esquire 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 DICKIE, McCAMEY & CHILCOTE, P.C. By W- I John .Bums, Esquire Attorneys for Defendants. tWANSMEWCOVERENEFRM SWe"E.t0 031prp SEP 2 2 20000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, wife and husband, Plaintiffs, V. KAZIMIERZ KACHZERSKI and WARD TRUCKING CORP., Defendants. No. 99-6356 Issue No. BRIEF IN SUPPORT OF MOTION TO COMPEL ANSWERS TO EXPERT INTERROGATORIES Code; Filed on behalf of Defendants, Kazimierz Kachzerski and Ward Trucking Corp. Counsel of record for this party: John T. Pion, Esq. Pa. I.D. # 43675 John W. Burns, Esq. Pa. I.D. # 84269 DICKIE, McCAMEY & CHILCOTE, P.C. Firm # 067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs, V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORP., Defendants. No. 99-6356 BRIEF IN SUPPORT OF MOTION TO COMPEL ANSWERS TO EXPERT INTERROGATORIES AND NOW, come Defendants, Kazimierz Kaczerski and Ward Trucking Corp., by and through its counsel, Dickie, McCamey & Chilcote, P.C., and file the following Brief in Support of Motion to Compel Answers to Expert Interrogatories directed to the Plaintiffs, Clairessa Herr and Kirby Herr, and in support thereof avers as follows: STATEMENT OF FACTS This action was commenced by Plaintiffs filing of a Complaint on or about December 19, 1999. On or about June 20, 2000, Defendants served upon counsel for Plaintiffs Expert Interrogatories. The Plaintiffs did not respond in any fashion to the Interrogatories within the thirty (30) days allotted by the Pennsylvania Rules of Civil Procedure. In fact, to date, the Plaintiffs have not offered any response or objection to the aforementioned discovery requests. Pursuant to Pennsylvania Rule of Civil Procedure 4006(12), parties must answer interrogatories posed upon them within thirty (30) days. Plaintiffs have not responded in any form to Defendants' Interrogatories. The Defendants require the information sought in this discovery to appropriately defend this action. Without the information requested in this discovery, the Defendants will be severely prejudiced. Further, on or about August 11, 2000, counsel for the Defendants reminded counsel for the Plaintiffs of the outstanding discovery requests in correspondence of that date. Because Plaintiffs have not provided Answers to Expert Interrogatories within the thirty (30) days mandated by the Pennsylvania Rules of Civil Procedure, Plaintiffs should be compelled to provide such information by this Court. Respectfully Submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By hn T. Pion, Esquire John W. Bums, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 281-7272 Attorneys for Defendants. 'n z Y r'I ? 4 ? 2N(i ;tike BIZ ? ? ? ? ' /-C??1 I, John W. Burns, Esquire, hereby certify that true and correct copies of the foregoing Brief in Support of Motion to Compel Answers to Expert Interrogatories have been served this -1?1day of , 2000, by U.S. first-class mail, postage prepaid, to the following counsel of record: Robert F. Claraval, Esquire 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 DICKIE, McCAMEY & CHILCOTE, P.C. By John . Burns, Esquire Attorneys for Defendants. SISURNSMERRICOVERSNEIRNI SWN 6,2000)121pm) SEP 2 2 2000V/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERB, No. 99-6356 wife and husband, Issue No. Plaintiffs, BRIEF IN SUPPORT OF MOTION TO V. COMPEL ANSWERS TO EXPERT INTERROGATORIES KAZIMIERZ KACHZERSKI and WARD TRUCKING CORP., Code: Defendants. Filed on behalf of Defendants, Kazimierz Kachzerski and Ward Trucking Corp. Counsel of record for this party: John T. Pion, Esq. Pa. I.D. # 43675 John W. Bums, Esq. Pa. I.D. # 84269 DICKIE, McCAMEY & CHILCOTE, P.C. Firm # 067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs, V. KAZIMIERZ KACZERSKI and WARD TRUCKING CORP., Defendants. No. 99-6356 BRIEF IN SUPPORT OF MOTION TO COMPEL ANSWERS TO EXPERT INTERROGATORIES AND NOW, come Defendants, Kazimierz Kaczerski and Ward Trucking Corp., by and through its counsel, Dickie, McCamey & Chilcote, P.C., and file the following Brief in Support of Motion to Compel Answers to Expert Interrogatories directed to the Plaintiffs, Clairessa Herr and Kirby Herr, and in support thereof avers as follows: STATEMENT OF FACTS This action was commenced by Plaintiffs filing of a Complaint on or about December 19, 1999. On or about June 20, 2000, Defendants served upon counsel for Plaintiffs Expert Interrogatories. The Plaintiffs did not respond in any fashion to the Interrogatories within the thirty (30) days allotted by the Pennsylvania Rules of Civil Procedure. In fact, to date, the Plaintiffs have not offered any response or objection to the aforementioned discovery requests. DISCUSSION Pursuant to Pennsylvania Rule of Civil Procedure 4006(12), parties must answer Interrogatories posed upon them within thirty (30) days. Plaintiffs have not responded in any form to Defendants' Interrogatories. The Defendants require the information sought in this discovery to appropriately defend this action. Without the information requested in this discovery, the Defendants will be severely prejudiced. Further, on or about August 11, 2000, counsel for the Defendants reminded counsel for the Plaintiffs of the outstanding discovery requests in correspondence of that date. CONCLUSION Because Plaintiffs have not provided Answers to Expert Interrogatories within the thirty (30) days mandated by the Pennsylvania Rules of Civil Procedure, Plaintiffs should be compelled to provide such information by this Court. Respectfully Submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By q1 ' hn T. Pion, Esquire John W. Bums, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 281-7272 Attorneys for Defendants. CERTIFICATE OF SERVICE I, John W. Bums, Esquire, hereby certify that true and correct copies of the foregoing Brief in Support of Motion to Compel Answers to Expert Interrogatories have been served this day of , 2000, by U.S. first-class mail, postage prepaid, to the following counsel of record: Robert F. Claraval, Esquire 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 DICKIE, McCAMEY & CHILCOTE, P.C. By ?? John . Bums, Esquire Attorneys for Defendants. .. I - - 1 11 - ? ? I?Iwm?l CLAIRESSA HERR and KIRBY : IN THE COURT OF COMMON PLEAS OF HERR, wife and husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs 99.6356 CIVIL VS. CIVIL ACTION - LAW KAZIMIERZ KACZERSKI and WARD TRUCKING CORP., Defendants IN RE: MOTION TO COMPEL ANSWERS TO EXPERT INTERROGATORIES ORDER AND NOW, this z 9' day of September, 2000, a brief argument on the within motion is set for Thursday, November 9, 2000, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Robert F. Claraval, Esquire For the Plaintiffs John Pion, Esquire For the Defendants i ?\ 00 0,T C Am ` 'o SEP 20 PH s T :.: .CUMcFAtrA ? COUNly FENS\S11 y,A,W S< 1 O.I , f ;= OCT l i 0D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY ) HERB Wife and Husband, ) Plaintiffs, ) No. 99-6356 V. ) KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) Defendants. ) ORDER OF COURT AND NOW, to-wit, this 13' day of OChdc? . 2000, upon consideration of the within Motion to Withdraw Motion to Compel Expert Interrogatories, it is hereby ordered, adjudged and decreed that Defendants' Motion to Compel Answers to Expert interrogatories is withdrawn and same is removed from any argument list upon which it has been placed. BY THE COURT, 41 1A rf All CU\. Cuv?fY Fu\III; S11"A','I1 SWAN6Nff MOVER6NE.FRM 0dQbv6,1000(206pm) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY HERR, wife and husband, Plaintiffs, V. KAZIMIERZ KACHZERSKI and WARD TRUCKING CORP., Defendants. No. 99-6356 Issue No. MOTION TO WITHDRAW MOTION TO COMPEL EXPERT INTERROGATORIES Code: Filed on behalf of Defendants, Kazimierz Kachzerski and Ward Trucking Corp. Counsel of record for this party: John T. Pion, Esq. Pa. I.D. # 43675 John W, Bums, Esq. Pa. I.D. # 84269 DICKIE, McCAMEY & CHILCOTE, P.C. Firm # 067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIRESSA HERR and KIRBY ) HERR, Wife and Husband, ) Plaintiffs, ) No. 99-6356 V. ) KAZIMIERZ KACZERSKI and ) WARD TRUCKING CORP., ) Defendants. ) MOTION TO WITHDRAW MOTION TO COMPEL EXPERT INTERROGATORIES AND NOW, come, Defendants Kazimierz Kaczerski and Ward Trucking Corp., by and through their counsel, Dickie, McCamey & Chilcote, P.C., and file this Motion to Withdraw Motion to Compel Expert Interrogatories, and in support thereof avers as follows; Defendants filed a Motion to Compel Answers to Expert Interrogatories with this Court on or about September 6, 2000. 2. In the Expert Interrogatories Defendants sought information regarding Plaintiffs' expert witness. 3. On or about October 3, 2000, Defendants received from Plaintiffs' counsel Plaintiffs' expert report. 4. The information contained in Plaintiffs' expert report provides Defendants with the information sought in their Expert Interrogatories. As such, Defendants no longer request that said Expert Interrogatories be answered. 5. As a result of the foregoing, Plaintiffs' Motion to Compel Answers to Expert Interrogatories is now moot. 6. Accordingly, Defendants withdraw their Motion to Compel Answers to Expert Interrogatories and will request that same be removed from any argument list upon which it may have been placed. WHEREFORE, Defendants Kazimierz Kaczerski and Ward Trucking Corp., respectfully request that this Honorable Court grant their Motion to Withdraw Motion to Compel Expert Interrogatories. Respectfully Submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By _, ?' 7 John W. Burns, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 281-7272 Attorneys for Defendants. CERTIFICATE OF SERVICE I, John W. Burns, Esquire, hereby certify that true and correct copies of the foregoing Motion to Withdraw Motion to Compel Expert Interrogatories have been served this ?Sffi day of 2000, by U.S. first-class mail, postage prepaid, to the following counsel of record: Robert F. Claraval, Esquire 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 DICKIE, McCAMEY & CHILCOTE, P.C. By Q=aj- Joh . Burns, Esquire Att meys for Defendants ,,, ti ,.. fr, W - ?. ia- ?,. f ?? i_ > C^ - ? i i l ^•? 1:y l L. ? ra ? +:.: f as U ? ?Y??? t f Ali ;..r :i '?' 1 3. V? h?;? ? ??. :;.a,. Tr 515/! y . ? . +' ? ' // ' t T F?? ?. ?': v„}a? ,! ,'.iYr u:;... ' ? :? i r,:{,. ?rc ' ? r Y ?y+?{ „*,,,.1„..,...... ,. ? ..... -,..,....,. ,.- .,o-., a a... ,. ......_ . , ... ... „.-.,..,, r,?rorw:?w;:r ,u?J*,5 aA?veraa?tw'!.?aY""?"?,-Y :,, ?. oll r W CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE HATTER OF: HERR WARD TRUCKING -v5- CASE 110: 99-6356 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN PION, ESQUIRE certifies that COURT OF COHHOH PLEAS TERM, 99 (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12114/2000 JOHN PION, ESQUIRE Attorney for DEFENDANT DE11-004595 6 5 0 2 6- L 2 7 COMMONWELILTI-f OF PENNSYLVAN=A COUNTY O V CUMB E I2LAN O IN THE MATTER OF: COURT OF COHMON PLEAS HERR TERM, 99 -VS- CASE NO: 99-6356 WARD TRUCKING JOANN FABRICS EMPLOYMENT TO: ROBERT CLARAVAL, ESQ. MCS on behalf of JOHN PION, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any r2preduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATES 1112412000 CC: JOHN PION, ESQUIRE - 211435 Any questions regarding this matter, contact MCS on behalf of JOHN PION ESQUIRE Attorney for DEFENDANT THE MCS GROUP, INC. 300 LAWYERS BUILDING PITTSBURGH, PA 15219 (412) 642-4420 DE02-015829 6 5 0 2 6- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Herr Vs. Ward Trucking File No. 99-6356 SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: JoAnn Fabrics (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any 6 all employment records regarding Clarissa Herr SSA:163-52-9271 at MCS 300 Lawyers Building Pittsburgh, Pa 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek In advance the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name John P1nn Esq 400 Two PPG Place Address: Pittsburgh, Pa 15222 (412) 642-4420 Telephone: Supreme Court ID # Attorney For: Defendant E Date: Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOANN FABRICS CARLISLE PLAZA MALL CARLISLE, PA 17013 RE: 65026 CLARISSA HERR Any and all employment records, files and memorandums, compensation. time and attendance records, personnel records, payroll and salary re carts and till medical records as an employee. 'CERTIFICATION OF RECORDS MUST BE SIGNED AND RETURNED' Dates Requested: tip to and including the present. Subject : CLARISSA HERR 507 IIILLCREST DRIVE, CARLISLE, PA 17013 Social Security M 163-52-9271 SU10-010363 45 5 0 2 6- L 2 7 • J v C3 v t R. d? {n ?4 # rr f F t I r l!?.n -.f i ce i . CLAIRESSA HERR and KIRBY HERR, Wife and Husband, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99.6356 CIVIL ACTION - LAW KAZIMIERZ KACZERSKI and WARD TRUCKING CORPORATION, Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued. Respectfully submitted, Date: Mk o )00 ROBERTV. CLARAVAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. #19222 Attorney for Plaintiff rr c, l „ate 3 f:iY N "-?