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HomeMy WebLinkAbout07-3268ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'7 - .32.1,) Civil Action - (X) Law ( ) Equity Pauline Wood and John Wood, Her Husband, 20 E. Greenhouse Road Dillsburg, PA 17019 Plaintiffs Katrina L. Karczewski 17 Park Street Wanaque, NJ 07465 Defendant PRAECIPE FOR A WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ( ) Pro Se ( x ) Attorney DATED: 5/30/07 236664 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff W V 4 a v( d F C- K Ct-? c r+ N O Q Mew W -v .F" m C3- ? ?m ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-7 - .321-P Civil Action - (X) Law ( ) Equity Pauline Wood and John Wood, Katrina L. Karczewski Her Husband, 17 Park Street 20 E. Greenhouse Road Wanaque, NJ 07465 Dillsburg, PA 17019 Defendant WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: A-a ? Prothonotary eputy Cl L`7- 236664 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CA E NO: 2007-03268 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WOOD PAULINE ET AL VS. KARCZEWSKI KATRINA L R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT KARCZEWSKI KATRINA L , by United States Certified Mail postage prepaid, on the 31st day of May ,2007 at 1000:00 HOURS, at 17 PARK STREET WANAQUE, NJ 07465 and attested copy of the attached WRIT OF SUMMONS with a true Together The returned receipt card was signed by SIGNATURE NOT LEGIBLE on 06/04/2007 . Additional Comments: Sheriff's Costs: So answ Docketing 18.00 Cert Mail 5.21 R. Thomas Kline Postage .41 Sheriff of Cumberland County Surcharge 10.00 ? c, f t F?6 ?, 33.62 Paid by ANGINO & ROVNER on 06/11/2007 Sworn and Subscribed to before me this day of A.D. r_ 90hplete Items 1, 2, and 3: Also complete Item 4 R RestddAd Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: A. Signature x o Agent 13 Addressee B. Receiv b Pfinted Name) C. Date of Delivery D. Is delivery address different from ft wn 1? Oyes If YES, enter delivery address biiidw: '., 0 No Katrina L. Karczewski 17 Park Street Wanaque, NJ 07465 3. Service Type 'CiCertifled Mail 0 Express Mail ?Registered RetumReceiptforMerdtarMlse 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes 2. Articled 7005 1820 0002 4619 1699 07-3268 Civil (rmns* PS Form 3811 , February 2004 Domestic Return Receipt 102595424 -1540 UNITED STAT • Sender; Please print your name, address, and ZlP+4 in this box • R. Thomas Kline, Sheriff County of Cumberland Court House Carlisle:, P 4? 17013 i__ III "I ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com PAULINE WOOD and JOHN WOOD, Her Husband, Plaintiffs V. KATRINA L. KARCZEWSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2007-03268 JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without filrther notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 356405 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 356405 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com PAULINE WOOD and JOHN WOOD, Her Husband, Plaintiffs V. KATRINA L. KARCZEWSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2007-03268 JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Pauline and John Wood are husband and wife adult individuals and citizens of the Commonwealth of Pennsylvania who reside at 20 East Greenhouse Road, Dillsburg, York County, Pennsylvania. 2. Defendant Katrina L. Karczewski is an adult individual and citizen of New Jersey who resides at 17 Park Street, Wanaque, Passaic County, New Jersey. 3. The facts and occurrences hereinafter related took place on Thursday, June 23, 2005 at approximately 4:56 p.m., at the intersection of North 32nd Street and Market Street in Camp Hill, Cumberland County, Pennsylvania. 4. The intersection of 32nd Street and Market Street is controlled by a traffic signal. 5. At that time and place, Plaintiff Pauline Wood was operating her car, a 2001 Saturn, in a northerly direction on 32°d Street. 6. At that time and place, Plaintiff Pauline Woods' car was at a complete stop for a red traffic light. 356405 7. At that time and place, Defendant Katrina L. Karczewski was operating her 1993 Buick in the lane directly behind Plaintiff Pauline Wood's vehicle. 8. At that time and place, Defendant Katrina L. Karczewski failed to pay attention to the traffic stopped for the red traffic light, and suddenly and without warning, violently slammed into the rear of Plaintiff Pauline Wood's vehicle. 9. At that time and place, a violent collision occurred between the front portion of Defendant Katrina L. Karczewski's Buick and the rear portion of Plaintiff Pauline Wood's car. 10. The forgoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Pauline Wood is the direct and proximate result of the negligent, careless and reckless manner in which Defendant Katrina L. Karczewski operated her vehicle as follows: (a) failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to stop and yield for the red traffic signal at the intersection and the traffic ahead of her stopped for the red light; (d) failure to travel at a safe speed; (e) failure to apply her brakes in sufficient time to avoid striking the rear of the Wood vehicle; (f) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (g) failure to keep proper and adequate control over her vehicle; and (h) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 356405 CLAIM I PAULINE WOOD V. KATRINA L. KARCZEWSKI 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 12. Plaintiff Pauline Wood sustained painful and severe injuries which include but are not limited to low back pain that radiates to the right lower extremity, neck pain and shock to her nervous system. 13. By reason of the aforesaid injuries, Plaintiff Pauline Wood was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 14. Because of the nature of her injuries, Plaintiff Pauline Wood has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Pauline Wood has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 16. Plaintiff Pauline Wood continues to be plagued by persistent pain and limitations and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime and claim is made therefor. WHEREFORE, Plaintiff Pauline Wood demand judgment against Defendant Katrina L. Karczewski in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 356405 CLAIM II JOHN WOOD V. KATRINA L. KARCZEWSKI 17. Paragraphs 1 through 16 of the Complaint are incorporated herein by reference. 18. As a result of the aforementioned injuries sustained by his wife, Plaintiff Pauline Wood, Plaintiff John Wood has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiff John Wood demands judgment against Katrina L. Karczewski in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date 0& I's- Zo r-'7 356405 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs VERIFICATION I, PAULINE WOOD, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unworn falsification to authorities. W71 Z. PAULINE WOOD j ?p? Dated: C' C? r--? ?'? -n `?--- -?? _-a -- ` .-• ? . - C .? _ ,...- ?t (: ji ..... _J ? ' 1 „yv ..' ?'( j '.Y STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 Attorney for Defendant E-mail: sbanko(&-margolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULINE WOOD and NO. 2007-03268 JOHN WOOD, Her Husband, Plaintiffs CIVIL ACTION - LAW V. KATRINA L. KARCZEWSKI, JURY TRIAL DEMANDED Defendant ------------------------------------------------------------------------------------------------------------• PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Katrina L Karczewski, in the above-captioned matter. RGOLIS EDELSTEIN D? Date: By: 440 1, FTEN 1 V -1 L. BANKO, JR. A or ev for Defendant b - N3 . cn :FCy -z CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the aql_?day of OAb&/L, , 2007, and addressed as follows: Michael E. Kosik, Esquire ANGINO & ROVNER 4503 N. Front Street Harrisburg, PA 17110 W IN . k?_ at'?Wivj Angela . Gayman, ecre ry STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 Attorney for Defendant E-mail: sbank ?margolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULINE WOOD and NO. 2007-03268 JOHN WOOD, Her Husband, Plaintiffs CIVIL ACTION - LAW V. KATRINA L. KARCZEWSKI, : JURY TRIAL DEMANDED Defendant --------------------------------------------------------------------------------------------------------------------- NOTICE TO PLEAD TO: Michael E. Kosik, Esquire ANGINO & ROVNER 4503 N. Front Street Harrisburg, PA 17110 Attomey for Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. IS EDELSTEIN Date: By: `§Ttk*N J. JR. Attor v for Defendant w STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court 1. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 Attorney for Defendant E-mail: sbanko@margolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULINE WOOD and NO. 2007-03268 JOHN WOOD, Her Husband, Plaintiffs : CIVIL ACTION - LAW V. KATRINA L. KARCZEWSKI, JURY TRIAL DEMANDED Defendant --------------------------------------------------------------------------------------------------------------------- ANSWER AND NEW MATTER OF DEFENDANT, KATRINA L. KARCZEWSKI. TO PLAINTIFFS' COMPLAINT 1. Admitted in part and denied in part. As to the marital status or current residence address of Plaintiffs, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied as stated. Defendant is unable to admit or deny the characterizations of the motor vehicle which occurred at the time and place stated. However, it is admitted that the front of Defendant's vehicle struck the rear of the vehicle being operated by Plaintiff-Wife. 9. Denied as stated. The Answer contained in paragraph 8 hereof is incorporated herein by reference as if set forth in its entirety. 10(a-h). Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. To the extent that an answer is deemed to be necessary, the Answer contained in paragraph 8 hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, with regard to any allegation that Plaintiff sustained injury or damage as a result of any conduct on the part of Defendant, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. CLAIM I PAULINE WOOD V. KATRINA L. KARCZEWSKI 11. The Answers contained in paragraphs 1 through 10 hereof are incorporated herein by reference as if the same were set forth in their entirety. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 13. The Answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 3 14. Denied. The Answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 15. Denied. The Answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 16. Denied. The Answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendant, Katrina L. Karczewski, demands judgment in her favor and against Plaintiffs. COUNT II JOHN WOOD V. KATRINA L. KARCZEWSKI 17. The Answers contained in paragraphs 1 through 16 hereof are incorporated herein by reference as if the same were set forth in their entirety. 18. Denied. The Answers contained in paragraphs 10 and 12 hereof are incorporated herein by reference as if set forth in their entirety. WHEREFORE, Defendant, Katrina L. Karczewski, demands judgment in her favor and against Plaintiffs. NEW MATTER 19. Plaintiffs' claims, if any, are or may be barred by the applicable statute of limitations. 20. Plaintiffs' claim for noneconomic damages are subject to and may be limited by Plaintiffs' tort selection under the Pennsylvania Motor Vehicle Financial Responsibility Law. 4 WHEREFORE, Defendant, Katrina L. Karczewski, demands judgment in her favor and against Plaintiffs. Date MARGOLIS EDELSTEIN By: N L. BANKO, JR. Attorn y for Defendant 5 VERIFICATION I, Katrina L. Karczewski, have read the foregoing Answer and New Matter to Plaintiffs' Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: trim L. Karczewski CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the h day of 41A, N M bpi 2007, and addressed as follows: Michael E. Kosik, Esquire ANGINO & ROVNER 4503 N. Front Street Harrisburg, PA 17110 AOU Angel M. Gayman, Secretary 6 rrr7 ` rn Co ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com PAULINE WOOD and JOHN WOOD, Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. V. CIVIL ACTION - LAW NO. 2007-03268 KATRINA L. KARCZEWSKI, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiffs Pauline Wood and John Wood, her husband, by and through their attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 19. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs' claims are barred by the applicable statute of limitations. Plaintiffs' cause of action arose as a result of a motor vehicle accident which occurred on June 23, 2005. Plaintiffs' timely filed a Writ of Summons against the Defendant on June 1, 2007 with service being made on the Defendant by the Sheriff of Cumberland County on June 4, 2007 as verified by the Sheriffs Return of Service. 372611 Therefore the Writ of Summons was filed and served on Defendant before the two-year anniversary of the accident and the statute of limitations provided for in 42 Pa.C.S.A. §5524. 20. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs' claims for non-economic damages are governed by Plaintiff's tort selection since Plaintiff Pauline Wood and John Wood had full tort coverage at the time of the accident. By way of further response, Plaintiff Pauline Wood maintains that her injuries have been of a serious and ongoing nature resulting in functional affects in her daily life which in and of itself would be sufficient to get over the limited tort threshold. WHEREFORE, Plaintiffs respectfully requests that this Honorable Court dismiss Defendant's New Matter and enter judgment in favor of Plaintiffs and against Defendant. P.C. 'Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 372611 COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF DAUPHIN I, MICHAEL E. KOSIK, ESQUIRE, being duly sworn according to law, deposes and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff, and that the facts set forth in the foregoing Reply to New Matter, are true and correct to the best of my knowledge, information and belief. Ichael E. Kosik Sworn to and subscribed before me this -day of 2007. Notary Public My Commission Expires: NOTARIAL SEAL SUSAN HEPP NOTARY PU?O C"YO M ARRiSNl?R6, OAUF C M 372611 CERTIFICATE OF SERVICE AND NOW, this 21st day of December, 2007 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' REPLY DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Stephen L. Banko Jr., Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 (717) 760-7501 ID No: 41727 Michelle M. Milojevi 372611 N ? 'T7 Mt rr, a> L r IN THE MATTER OF: CERTIFICATE ORIGINAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS PAULINE WOOD AND JOHN WOOD TERM, CUMBERLAND KATRINA L. KARCZEWSKI -VS- CASE NO: 2007-03268 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., 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: 04/07/2008 Kid f L. BANKO ES . Al-torney for DEFENDANT R1.51 118-H DE11-0744020 70576-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: PAULINE WOOD AND JOHN WOOD -VS- KATRINA L. KARCZEWSKI COURT OF COMMON PLEAS TERM, CASE NO: 2007-03268 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS DILLSBURG HEALTH CENTER MEDICAL RECORDS WALTERS CHIROPRACTIC, P.C. MEDICAL RECORDS TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. 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 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: 03/17/2008 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT CC: STEPHEN L. BANKO, JR., ESQ. - Any questions regarding this matter, contact 1.49S 116-H THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DR02-0388699 70576-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULINE WOOD AND JOHN WOOD VS. KATRINA L. KARCZEWSKI File No. 2007-03268 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (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 The MCS Group Inc.. 1601 Market Street, Suite 800. Philadelphia- PA 19103 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: STEPHEN L. BANKO. JR.. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Proth notary/Cler ision Date: Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 70576 PAULINE E. WOOD Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : PAULINE E. WOOD 20 EAST GREENHOUSE ROAD, DILLSBURG, PA 17019 Social Security #: 048-58-0669 Date of Birth: 10-23-1961 1.49S 116-H SU10-0725496 70576-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PAULINE WOOD AND JOHN WOOD 0al6INAL COURT OF COMMON PLEAS TERM, CUM33ERLAND -VS- KATRINA L. KARCZEWSKI CASE NO: 2007-03268 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., 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: 04/07/2008 AorD0fFE?ND%NT SQ. /ttorneyLif ..51 1 18-H DE11-0744021 70576-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: PAULINE WOOD AND JOHN WOOD -VS- KATRINA L. KARCZEWSKI COURT OF COMMON PLEAS TERM, CASE NO: 2007-03268 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS DILLSBURG HEALTH CENTER MEDICAL RECORDS WALTERS CHIROPRACTIC, P.C. MEDICAL RECORDS TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. 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 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: 03/17/2008 CC: STEPHEN L. BANKO, JR., ESQ. - MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 ---- ------- ?-snr.?r rrn? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULINE WOOD AND JOHN WOOD vs. KATRINA L. KARCZEWSKI File No. 2007-03268 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DILLSBURG HEALTH 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: * * * * SEE ATTACHED RIDER**** at The MCS Group Inc., 1601 Market Street Suite 800, Philadelphia PA 19103 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: STEPHEN L. BANKO. JR.. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP ML, PA 17011 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Proth otary/Clerl ision // Deputy Date: ?A.Cj' /;z , aZ olg Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DILLSBURG HEALTH CENTER 204 MUMPER LANE DILLSBURG, PA 17019 RE: 70576 PAULINE E. WOOD Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : PAULINE E. WOOD 20 BUT GREENHOUSE ROAD, DILLSBURG;, PA 17019 Social security #: XXX-xX-0669 Date of Birth: 10-23-1961 1.49S 116-H SU10-072549e 70576-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 RIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS PAULINE WOOD AND JOHN WOOD TERM, CUMBERLAND -VS- CASE NO: 2007-03268 KATRINA L. KARCZEWSKI As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., 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: 04/07/2008 L.51 118-H J Attorney Hao for Ni#t' DE11-0744022 70576-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: PAULINE WOOD AND JOHN WOOD -VS- KATRINA L. KARCZEWSKI COURT OF COMMON PLEAS TERM, CASE NO: 2007-03268 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS DILLSBURG HEALTH CENTER MEDICAL RECORDS WALTERS CHIROPRACTIC, P.C. MEDICAL RECORDS TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. 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 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: 03/17/2008 CC: STEPHEN L. BANKO, JR., ESQ. - MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULINE WOOD AND JOHN WOOD VS. KATRINA L. KARCZEWSKI File No. 2007-03268 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for WAL.TERS CHIROPRACTIC, P.C. (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 The MCS Group. Inc.. 160 Market Street. Suite 800_ Philadelphia, PA 19103 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: STEPHEN L. BANKO. JR.. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: 15)246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE ge)URT: Protho otary/Cler Sion Date: -.2.4 ak`?- 4 Deputy ?rXdL Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WALTERS CHIROPRACTIC. P.C. 121 WEST KING STREET EAST BERLIN. PA 17316 RE: 70576 PAULINE E. WOOD Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored-in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : PAULINE E. WOOD 20 EAST GREENHOUSE ROAD, DILLSBURG, PA 17019 Social Security #: XXX-XX-0669 Date of Birth: 10-23-1961 1.49S 116-H SU10-0725500 70576-LO3 0 IT, t rv' r ! ^[j t CO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PAULINE: WOOD AND JOHN WOOD COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- KATRINA L. KARCZEWSKI CASE NO: 2007-03268 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., ES 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: 06/25/2008 R1-59S 133-H MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT DEII-0759000 70576-L04 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: PAULINE WOOD AND JOHN WOOD -vS- KATRINA L. KARCZEWSKI COURT OF COMMON PLEAS TERM, CASE NO: 2007-03268 F MARK CHASE SCHNEIER, D.C. MEDICAL RECORDS TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. B.?1NKO, JR., identical to the one that attached toEtnis noticendyouohaveve a subpoena twe days from the date listed below in which to file of record and serve yupon)the is " undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, copies of any reproduced records may then the subpoena may be served. Complete the attached counsel card and ma returning be same ordered at MCS or your by by completing MCS office. y contacting our r l loca cal DATE: 06/05/2008 MCS on behalf of CC: STEPHEN L. BANKO, JR., ESQ. - Ally questions regarding this matter, contact MICHAEL E. KOSIK, ESQ. 4503 N. FRONT STREET HARRISBURG, PA 17110 R1.59S 133-H STEPHEN L. BANKO, JR., Attorney for DEFENDANT THE MCS GROUP :INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0395371 70576-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULINE WOOD AND JOHN WOOD vs. File No. 2007-03268 KATRINA L. KARCZEWSKI SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MARK CHASE SCHNEIER D (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 _ The MCS Group. Inc 1601 Market Str et Suite 800, Philadelphia PA 19103 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: STEPHEN L. BANKO. JR. ESO. ADDRESS: 3510 TR_ LE ROAD CAMP HILL, PA 17011 TELEPHONE: _ (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TH COURT*-ivision Pr thonotary/CleDate: Deputy Seal of the Court 70576-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MARK CHASE SCHNEIER, D.C. 4079 DERRY STREET HARRISBURG, PA 171112238 RE: 70576 PAULINE E. WOOD Prior approval is required for fees in excess hospitals, $100.00 for all other providers. Of $150.00 for Entire medical file, including but not limited to an correspondence to and from the consulting y and all records, memoranda, handwritten notes, g and treating physicians, prescription records, inot' history and physical re orts, files, 3 any and all such items as may in a computer database or otherwise in electronic form, y be diagnosis; or treatment relating to an examination, pertaining to: y xamination, Dates Requested: up to and including the present. Subject : PAULINE E. WOOD 20 EAST GREENHOUSE ROAD, DILLSBURG, Social Security #: PA 17019 XXX-XX-0669 Date Of Birth: 10-23-1961 59S 133-H SU10-0737416 70576-L04 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 PHONE: (717) 238-6791 FAX: (717) 238-5610 Attorney for Plaintiff- E-mail: mkosikP_angino-rovner com - -- PAULINE WOOD and JOHN WOOD, HER HUSBAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KATRINA L. KARCZEWSKI, Defendant CIVIL ACTION - LAW NO. 2007-03268 JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael E. Kosik, Esquire, counsel for the Plaintiff in the above action (or actions), respectfully represents that: sents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is for an amount under $50,000. The counterclaim of the Defendant in the action is $0. The following attorneys are interested in the case(s) as counsel or otherwise disqualified to sit as arbitrators: Michael E. Kosik, Esquire, 4503 N. Front Street, Harrisburg, PA 17110 Stephen L. Banko Jr., Esquire, 3510 Trindle Road, Camp Hill, PA 17011 WHEREFORE, your Petitioners pray Your Honorable Court to appoint three (3) arbitrators to 396905 whom the case shall be submitted. Resp Fed, & ER, P.C. Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: 1 (36 J o l 396905 1v (?, ? `ids ICJ ?] Ct? ? -?" PAULINE WOOD and JOHN WOOD, HER HUSBAND, Plaintiff V. KATRINA L. KARCZEWSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-03268 JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this /t ttday of , 2009, in consideration of the foregoing petition, Esq. Ad A AJ Esq. ell p(Qja Esq. are appointed ;arbitrators in the above and captioned action as prayed for. BY T COUR (j?V? [r a P.J. DISTRIBUTION: Michael E. Kosik, Esquire, 4503 N. Front Street, Harrisburg, PA 17110 Stephen L. Banko Jr., Esquire, 3510 Trindle Road, Camp Hill, PA 17011 CO a?,?I?_?,,//pp,, 396905 CD t LU f d N t> ?AL, I-E (L Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No:0v fi-_ Civil Action - Law. U3ace8 Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature l -. 6-It K Name (Chairman) ?? ,?+t Svc. ??- 4?ce Law Firm (n 6,"';rqbe , Address City, Zip Signature Zprie, A Q for Nanv 1-0 f (Ak L11111S ?? i 171 w? PC; 1700 A&?/- cre"k?. Address '?Af " M5'n city, rip igna e Name ? Imo, -L -kulvltkis Law Firm Address co"- ,; ? PP 1201; City, zip -/17$.3 Award ?° We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages f r delay are awarded, they shall be s arately stated.) ?k-ww i..- .C- ri br-- -1 ` , 1. 001) _ [ i ) Y' TV t.'?L- T 1' k/ S --UJ ` C . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: -l 6 (Ch n) Date of Award: ???5 tea!` G!; Notice of Entry of Award Now, the ?ay of nn-j , 20?_, at ?-, J.M., the above award was entered upon the docket and notice the eof given by mail to the parties or their attorneys. Arbitr4tors' compensation to be paid upon appeal: $ 2 sb , to 4 P-Z-?d By: Prothonotary 17 Deputy ALEr!,DF"'IwE 2909 APR 17 AM iG: 2 4 CU; n QTY AJ117104' - l:o t e s Mn x jg.L A rl.?rxr 'k. ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com PAULINE WOOD and JOHN WOOD, Her Husband, Plaintiffs V. KATRINA L. KARCZEWSKI, Defendant TO THE PROTHONOTARY: cc: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2007-03268 JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action as settled, satisfied, and discontinued. Stephen L. Banko Jr., Esquire 410721 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff !fir T it: c.. 2004 ?I 'A' ' i' '; ; P 2: 2 :' Cam' ;'"'