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HomeMy WebLinkAbout01-6084The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. ATTORNEY FOR THE PLAINTIFF 25745 IN THE COURT OF COb~40N PLEAS OF CUf4~ERLAND COUNTY DOUGLAS BATES, : KAREN L. BATES, : Plaintiffs : M~LODY ANN OTT, : De fen dan t : CIVIL ACTION -- LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 717-240-6200 The Law Offices of SPERO T. LAPPAS Page 1 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona 0 por abogado y archivar en la corte en forma escrita sus persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y pot cualquier quaja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades o otros derechos importantes para usted. LLEVE ESTA DF~W3~4DA A UN ABODAGO INF~DIATAMF~NTE. SI NO TI~NE ABOGADO 0 SI NO TIENE EL DINF~O SUFICII~NTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA SE PUEDE CONSEGUIR ASIST~NCIA LEGAL. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 717-240-6200 RESPECTFULLY SUBMITTED, The Law Offices of SPERO T. LAPPAS 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ATTORNEY FOR THE PLAINTIFF The Law Offices of SPERO T. LAPPAS Page 2 The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. ATTORNEY FOR THE PLAINTIFF 25745 IN THE COURT OF COM240N PLEAS OF CUMBERLAND COUNTY DOUGLAS BATES, : KAREN L. BATES, : Plaintiff : ~ELODY ANN OTT, : De fen d~ ~ t : CIVIL ACTION -- LAW No: O,-- JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs DOUGLAS BATES AND KAREN L. BATES, by and through their attorneys, The Law Offices of SPERO T. LAPPAS and make this Complaint against the above captioned Defendant, respectfully representing as follows: 1. The Plaintiffs are adult individuals, husband and wife, residing at 199 LOG CABIN ROAD, NEWVILLE, PA. 2. The Defendant MELODY OTT is an adult individual residing at 1062 CELESTE DRIVE, SHIPPENSBURG, PA. 17257. 3. On or about MAY 5, 2000 DOUGLAS BATES was driving an automobile at or around the vicinity of SR8023 within CARLISLE, CUMBERLAND County, Pennsylvania. The Law Offices of SPERO T. LAPPAS Page 3 4. At or about that time, date and place, a vehicle being driven by the Defendant violently collided with a vehicle occupied by DOUGLAS BATES. 5. This incident was caused solely by the negligence, carelessness, lack of due care, recklessness, and other wrongful conduct of the Defendant ~ in that: a. The Defendant failed to have her vehicle under proper control. b. The Defendant failed to make necessary observations while operating the vehicle. c. The Defendant failed to stop her vehicle so as to avoid the collision. The Defendant failed to follow rules of the road. e. The Defendant failed to maintain proper speeds under existing conditions. f. The Defendant rear-ended DOUGLAS BATES's vehicle while DOUGLAS BATES's vehicle was lawfully and properly stopped. g. The Defendant admitted to the investigating State Trooper that she had been looking elsewhere at or before the collision and that she failed to observe DOUGLAS BATES's car in front of her. 6. AS the direct, legal, and proximate result of the Defendant's negligence, carelessness, lack of due care, recklessness, and other wrongful conduct, DOUGLAS BATES suffered The Law Offices of SPERO T. LAPPAS Page 4 and continues to suffer damages and injuries including the following, some or all of which are or may be continuing or permanent in nature: a. He sustained physical injuries, damages, and Co fo ho losses, including physical and mental pain and suffering; He incurred medical expenses and other expenses related to the incident; He has lost earnings and/or earning capacity; He was required to undergo medical care; He was required to incur costs and/or to expend money on medical care, health care, and incidental expenses; He was for a time partially disabled; He has suffered grave and severe physical injuries including without limitation injuries to the neck, left leg, and back; He has suffered great and severe physical and emotional pain, suffering and upset; He has been prevented from taking part in and performing the activities of employment, home life, personal life and social and recreational activities; He has been forced to undergo great and substantial inconvenience, aggravation, and loss of life,s The Law Offices of SPERO T. LAPPAS Page 5 pleasures; k. He was required to undergo medical and health care and treatment and incur expenses therefore from ~ the following providers of medical and health care: (1) Carlisle Hospital; (2) Dr. Carla Dentes; (3) Internists of Central (4) Shippensburg Health Services; (5) The Arlington Group; (6) Pennsylvania Spine Institute; (7) Co,u,,unity Imaging Associates; (8) KDV Orthopaedics and Rehab, Inc.; 7. Plaintiff KAREN L. BATES was deprived of her husband's consortium, society and services. 8. All items of damages, injuries and losses described elsewhere in this complaint are the direct, legal, and proximate result of the negligence, carelessness, recklessness and other wrongful acts of the defendant. COUNT1 DOUGLAS BATES V MELODYANNOTT 9. All other paragraphs are incorporated into this Count by reference thereto. WHEREFORE, The Plaintiff requests that this court enter judgment in his favor and against the defendant in an amount in The Law Offices of SPERO T. LAPPAS Page 6 excess of the jurisdictional amount requiring arbitration referral by local rules, plus allowable interest and costs. COUNT 2 KAREN L. BATES V MELODY ANN OTT 10. All other paragraphs are incorporated into this Count by reference thereto. WHEREFORE, The Plaintiff requests that this court enter judgment in his favor and against the defendant in an amount in excess of the jurisdictional amount requiring arbitration referral by local rules, plus allowable interest and costs. RESPECTFULLY SUBMITTED, The L~~s of SPERO T. LAPPAS By:~l~O,~T.~~quire Pa. Supreme Ct. ID no. 25745 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717] 238-4286 ATTORNEY FOR THE PLAINTIFF The Law Offices of SPERO T. LAPPAS Page 7 The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. 25745 ATTORNEY FOR THE PLAINTIFF VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I verify that the foregoing COMPLAINT is based upon the information which has been gathered by my counsel in preparation of this Matter. The language of the COMPLAINT is that of counsel and is not mine. I have read the COMPLAINT and, to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the COMPLAINT are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications made to authorities. SPeRo T. LAPPA$ ATTORNEY AND COiJNSELLOR AT LAW P. O. Box ~08 HARRISBURG, PA 17108-0808 SHERIFF'S RETURN CASE MO: 2001-06084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BATES DOUGLAS ET AL VS OTT MELODY ~ - OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: OTT MELODY ANN but was unable to locate Her in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 13th , 2001 , this office was in receipt of the attached return Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co from FRANKLIN 18.00 9.00 10.00 28.96 .00 65.96 11/13/2001 SPERO T LAPPAS Sheriff of Cumberland County Sworn and subscribed to before me this ~G~ day of ~ A.D. Prothonotagy ' · SHERIFF'S RETURN - CASE NO: 2001-60840 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN DOUGLAS BATES ET AL VS MELODY ANN OTT REGULAR - DEPUTY , Deputy Sheriff of FR3kNKLIN THEODORE L KONCSOL County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon OTT MELODY ANN the DEFENDANT , at 1658:00 Hour, at 1062 CELESTE DRIVE SHIPPENSBURG, PA 17257 LAURA OTT (MOTHER IN LAW) on the 2nd day of November , 2001 by handing to a true and attested copy of NOTICE AND COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 4.00 Surcharge .00 Mileage 6.96 28.96 Sworn and Subscribed to before me this ~ day of ~0~ A.D. So Answers: THEODORE L K~NCSOL - DEPUT~ Dep'uty Sheriff i /05/200I CUMBERLAND COUNTY SHERIFF Notarial Seal Pa~ncla A St.ne Notary Public 3hambersbur9 Boro Franklin County iViy Commissior, ~xii~res Nov. 4, 2004 In The Court of Common Pleas of Cumberland County, Pennsylvania Dou§las Bates et al VS. Melody Ann Ott SERVE: s~e NO. 01 6084 civil 'Now, October 30 ,20 01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Now~ Affidavit of Service ,20 ,at o'clock M. served the upon by handing to and made known to copy of the original So allswers~ the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT 01HB-00156 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Melody A. Ott DOUGLAS BATES AND KAREN L. BATES, (PLAINTIFFS) VS. MELODY A. OTT, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6084 CIVIL ACTION- LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Melody A. Oft. Date: December 4. 2001 Respectfully submitted, LAW OFFICES OF JACOBS & SABA Attorney for Defendant Identification No.58867 01HB-00156 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Melody, A. Ott DOUGLAS BATES AND KAREN L. BATES, (PLAINTI S) VS. MELODY A. OTT, (DEfeNDAnT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6084 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of ~ to be served by regular fn'st class mail upon: Spero T. Ilppas, Esquire The Law Offices of Spero T. Lappas 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 Dated: D m r4 2 1 Girard E. Rickar~]~,, Esquire Attorney for Defendant 01HB-00156 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Melody A. Ott DOUGLAS BATES AND KAREN L. BATES, (PLA NTI S) VS. MELODY A. OTT, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6084 CML ACTION- LAW JURY TRIAL DEMANDED NOTICE YOU HAVE B~.P.N 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 Answer with New Matter of Defendant Melody A. Ott to Plaintiffs' Com_olaint 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 Answer with New Matter of Defendant Melody A. Ott tO ~ or for any other claim or relief requested by the Plaintiffs. Y~u may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWY-I~ AT ONCE. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFPORD ONE, GO TO OR T~J.~.VHONE THE OFFICE SET FORTH B~I.OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUM mLAN COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 01I-IB-00156 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Melody A. Ott DOUGLAS BATES AND KAREN L. BATES, (PLAINTI S) VS. MELODY ANN OTT, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6084 CML ACTION- LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT MELODY ANN OTT TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Melody Ann Oft, by and through her attorney, Girard E. Rickards, Esquire, in support of Answer with New Matter of Defendant Melody Ann Ott to Plaintiffs' Complaint hereby avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that at the time and place referred to in the Plaintiffs' Complaint, the Defendant was driving a vehicle that collided with the vehicle occupied by Plaintiff`Douglas Bates. The remaining averments of paragraph 4 are specifically denied and strict proo£thereofis demanded at the time of trial. 5-10. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Melody Ann Ott respectfully requests your Honorable Court to Dismiss the Plaintiffs' Complaint with prejudice. NEW MATTER 11. The Plaintiffs' claims for medical expenses and/or wage loss are barred, or should be reduced in accordance with § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. 12. The Plaintiffs' claims for non-economic damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant Melody Ann Ott respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Respectfully submitted, ~ E. Rickards, Esquire Attorney for Defendant Melody Ann Ott Identification No. 58867 01HB-00156 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Melody A. Ott DOUGLAS BATES AND KAREN L. BATES, (PL aNTI S) VS. MELODY ANN OTT, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6084 CIVIL ACTION- LAW JURY TRIAL DEMANDED VERIFICATION I, Melody Ann Ott, verify that the statements made in the foregoing Answer with New Matter of Defendant Melody Ann 0tt to Plaintiff.~' Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unswom falsification to authorities. Date~(_ ~ t.O-.~) / Mel°dy~n~ Ott (Defen~lant) 0 lI--IB-O0156 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Melody A. Ott DOUGLAS BATES AND KAREN L. BATES, (PLAINTIFFS) VS. MELODY A. OTT~ (D ND T) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6084 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he mused a true and correct copy of Answer with New Matter of Defendant Melody Ann Ott tO Plaintiff~' Complaint to be served by regular first class mail upon: Dated:~ Sporo T. Lappas, Esquire The Law Offices of Spew T. Lappas 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 Girard E. Rickards, Esquire Attorney for Defendant The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. ATTORNEY FOR THE PLAINTIFFS 25745 DOUGLAS BATES and KAREN L. BATES, Plaintiffs MELODY A. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW NO. 01-6084 JURY THIAL DEMANDED PLAINTIFFS, REPLY TO NEW MATTER 11. Plaintiffs deny and/or wage loss are barred, or should with Section 1722 of the Pennsylvania Responsibility Act. that their claims for medical expenses be reduced in accordance Motor Vehicle Financial 12. Plaintiffs deny that their claims for non-economic damages are or may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act. The Law Offices of SPERO T. LAPPAS Page I WHEREFORE, Plaintiffs, request that judgment be entered in their favor according to the terms of the Complaint. RESPECTFULLY SUBMITTED, The L~PER0 T. LAPPAS By: SPERO T. LAPPAS, Esquire Pa. Supreme Ct. ID no. 25745 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ATTORNEYS FOR THE PLAINTIFF The Law Offices of SPERO T. LAPPAS Page 2 The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. 25745 ATTORNEY FOR THE PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VERIFICATION The undersigned hereby verifies that the facts averred in this REPLY TO NEW MATTER are true and correct to the best of his knowledge, information, and belief. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. RESPECTFULLY SUBMITTED, DATE: BATES The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. 25745 ATTORNEY FOR THE PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VERIFICATION The undersigned hereby verifies that the facts averred in this REPLY TO NEW MATTER are true and correct to the best of her knowledge, information, and belief. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. RESPECTFULLY SUBMITTED, The Law Offices of SPERO T. LAPPAS Page 4 The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. ATTORNEY FOR THE PLAINTIFFS 25745 CERTIFICATE OF SERVICE I hereby certify that on this date I served a true copy of the attached document upon the person(s) named below by mailing a copy addressed as follows, postage pre-paid, deposited into the U. S. Mail at Harrisburg, Pa. GIRARD E. RICKARDS, ESQUIRE JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 RESPECTFULLY SUBMITTED, The Law Offices of SPERO T. LAPPAS By: P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 DATE: The Law Offices of SPERO T. LAPPAS Page 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DOUGLAS & KAREN BATES AUTO -VS- MELODY A. 0TT OTT COURT OF COMMON PLEAS TERM, CASE NO: 01-6084 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GIRARD E. RICKARDS, ESq. 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 be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/12/2002 GIRARD E. RICKARDS, ESq. Attorney for DEFENDANT DEll-315586 84 7 6 0 --LO1 COIVll~4OS]~4]~ALTH OF PENNSYLVANIA COUNTY OF CU~4BERLAND IN THE MATTER OF: DOUGLAS & KAREN BATES -VS- MELODY A. 0TT AUTO OTT COURT OF COMMON PLEAS TERM, CASE NO: 01-6084 NOTICE OF I~?~-~ ~0 SERVE A SUBPOENA TO PRODUCE DOCI~Rm-TS ann FOR DI$CO¥~RY PURSUANT TO RULE 4009.2l MEDICAL ~ECO~J)S TO: SPER0 T. LAPPAS, ESQUIRE MCS on behalf of ~yRAmm E. RICEARDS, ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belo~ in ~nich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by coa~leting the attached counsel card and returning s--~ to HCS or by contacting our local HCS office. DATE: 02/19/2002 CC: GIRARD E. RICKARDS, ESQ. INGRID LAPTOS - O1EB-O0156 - 5837C377096 Any questions regarding this matter, contact MCS on behalf of GII{A~D E. RICKARDS, ESq. Attorney for DEFENDANT T~E MCS GROUP INC. 1601 MARKET STREET ~8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-178659 84760--C02 COMMON'WEALTH OF PE~SYI. VANIA COUNTY 'OF CUMB ERL-~.ND DOUGLAS & KAREN BATES VS MELODY A. OTT 01-60~4 TO: SUBPOENA TO PRODUCE DOCI.rM'~N-rs OR THINGS FOR DISCOVERy PURSU..k.\-I' TO RULE 4009 ~'~ CUSTODIAN OF RECORDS FOR: CARLA J. DENTE, M.D. MCS GROUP INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103 advice. ~ ~mana~ie cost of prep~nS the copifl or produ~n$ the ~ ~ T'k'I.c SL'gPOENA WAS ISSUED AT T?.IE R£QL?L~r OF 'I-.q'~ F-OLLOWING PERSON: NAMe. GIRARD E. RICKARDS~ EsquIRE ADORe_c: 214 SENATE AVENUE. SUITE CAMP HILL PA 17011 T~..~FMON--. (215) 246-0900 5'JTR-'M~ C~L'II'7 ID ~. AI'?OR.N~:.' FOR: THE DEFENDANT (--:f. 7/9,) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLA J. DENTE, MD. 108 LOWTHER STREET LEMOYNE, PA 17043 RE: 84760 DOUGLAS J. BATES Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :DOUGLAS J. BATES 100 LOG CABIN ROAD, NEWVILLE, PA 1724! Social Security ~. 204-30-9350 Date of Birth: 05-08-1940 SU10-356638 84760--L01 01HB-00156 LAW OFFICES OF SPERO T. LAPPAS Spero T. Lappas, Esquire 205 State Street P.O. Box 808 Harrisburg, PA 17108 Attorney for Plaintiffs DOUGLAS BATES AND KAREN L. BATES, (PLAINTIFFS) VS. MELODY A. OTT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6084 CIVIL ACTION - LAW .JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. By: X, ./ v g · Spero-~ff~. Lappas, Esquire 205 State Street Harrisburg, PA 17108 Attorney for Plaintiffs Court I.D. ~/t~' LOR/L. RUNK, MICHAEL S. RUNK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6799 Civil Term CIVIL ACTION - LAW IN DIVORCE .AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 29, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and'ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: l0 - ¢0,2., LORI L. RUNK, Vo MICHAEL S. RUNK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6799 Civil Term CIVIL ACTION - LAW IN DIVORCE .AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 29, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Michel S. Runl~ o LORI L. RUNK, MICHAEL S. RUNK, Plaintiff Defendant : IN THE COURT OF COMMON PI.EAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6799 Civil Term : : CIVIL ACTION - LAW : : IN DIVORCE,,. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Mi~fiael S Ru~ ~ ' LORI L. RUNK, MICHAEL S. RUNK, : IN THE COURT OF COMMON PI.EAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 01-6799 Civil Team : : CIVIL ACTION - LAW : Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to nn,qwom falsification to authorities.