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HomeMy WebLinkAbout01-4709HANDLER HENNING& ROSENBERG ATTORNEYS AT LAW ~~* P. O. Box 1177 * Harrisburg, PA 17108 * (717)230-2000 140AEastKingStreel, Lancaster, PA 17602 ° (717)431-400C JANE L. MIDDAUGH, Plaintiff V, JOANNA A VELLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ©1 - 'z'/?O~ C--' '~ / ~'J- CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wJsh 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 Telephone 717-249-3166 or 800-990-9108 HANDLER, HENNING & ROSENBERG W. Scott Hent~g, ESq. / I.D. #32298 1300 LingleStown Road/ Harrisburg, PA 1711(~' (717) 238-2000 Attorney for Plaintiff EMH/complaints/mva/middaugh.wpd JANE L. MIDDAUGH, Plaintiff JOANNA A. VELLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURYTRIALDEMANDED COMPLAINT AND NOW, comes the Plaintiff, Jane Middaugh, by and through her attorneys, HANDLER, HENNING & ROSENBERG, by W. Scott Henning, Esquire, and make the within Complaint against the Defendant, Joanna Yellios, as follows: 1. Plaintiff, Jane L. Middaugh, is an adult individual currently residing at 311 Shephard Lane, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant, Joanna A. Vellios, is an adult individual residing at 1750 Ashland Drive, York, York County, Pennsylvania, 17404. 3. At all times material hereto, Plaintiff, Jane L. Middaugh, was a passenger in a 1993 Ford Taurus owned by Evelyn Kyle, operated by Jerry Kyle, and bearing Pennsylvania Registration Plate Number DBC 7764 (hereinafter"Plaintiffs vehicle"). 4. At all times material hereto, Defendant, Joanna A. Vellios, was the operator of a 1992 Toyota Camry, owned by Athanasios & Efrosing Vellios, and bearing the Pennsylvania Registration Plate Number DBS 1966 (hereinafter "Defendant's vehicle"). carelessness, and/or recklessness of the Defendant, Joanna A. Vellios, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the position of Plaintiff's vehicle on the roadway; (b) In failing to observe the steady red indication of a traffic control device at an intersection, in violation of 75 Pa.C.S.^. {}3112(A)(3)(i); (c) In disregarding the steady red indication of a traffic control device at an intersection and thereby entering the intersection and causing a collision with Plaintiff's vehicle, in violation of 75 Pa.C.S.^. §3112(A)(3)(i); (d) In failing to exercise the high degree of care required of an operator of a motor vehicle when approaching an intersection, in violation of 75 Pa.C.S.A. § 3361; (e) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's vehicle; (f) In failing to operate her vehicle at a speed and under such control so as to be able to stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; (g) In failing to operate a motor vehicle at a speed that was safe for road conditions, in violation of 75 Pa.C.S.A. §3361; (h) In failing to maintain proper and adequate observation of the existing traffic conditions; (i) In failing to keep a proper lookout for vehicles lawfully proceeding on Earl Street; and (j) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa.C.S.A. § 3714. 12. As a direct and proximate result of the negligence of the Defendant, Plaintiff, Jane L. Middaugh, has suffered extensive and serious personal injuries, including, but not limited to, a shoulder sprain, shoulder pain, neck pain, a broken blood vessel in her right eye, and a cervical strain/sprain. 13. As a direct and proximate result ofthe Defendant's negligence, Plaintiff, Jane L. Middaugh, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical and emotional detriment and loss. 14. As a direct and proximate result ofthe Defendant's negligence, Plaintiff, Jane L. Middaugh, has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 15. As a direct and proximate result ofthe Defendant's negligence, Plaintiff, Jane L. Middaugh, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 16. As a result of the negligence of Defendant, the Plaintiff, Jane L. Middaugh, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 4 17. As a direct and proximate result of Defendant's negligence, Plaintiff, Jane L. Middaugh, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 18. Plaintiff, Jane L. Middaugh, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Jane b Middaugh, seeks damages from the Defendant, Joanna ^. Vellios, in an amount in excess of twenty-five thousand dollars ($25,000.00). Date: Respectfully submitted, HANDLER, HENNING & ROSENBERG By: W. I.D. # 32298 1300 Linglestown~oad / P.O, Box 11_7~" / Harrisburg,-PA 17110-tl 77 (717) 238-2000 Attorneys for Plaintiff/ VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J~'e L. rVliddaugh ' ~ Date: 7 ¢ ,~C") - 0 [ JANE L. MIDDAUGH, Plaintiff McKISSOCK & HOFFMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBUR~YLVANIA 1711 PHONE (717) 540-3400 FAX (717) 540-3434 WE DO HEREBY CERTIFY THE WITHIN IS A TRUE AN£ RECT COPY OF THE OR ,.~_;~-ED IN THIS ACTION BY. ATTORNEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 01-4709 JOANNA A. VELLIOS, Defendant CIVIL ACTION - LAW ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Joanna A. Vellios, in the above-captioned action. Date: Respectfully submitted, McK ssock & Hoffman/~,,__. Attorn~.D. No. 36818~) E-~chwa~.rt7_,-/ Attorney I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 CERTIFICATE OF SERVICF I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) Date: McKissock & Hoffman, P.C. B. L;,r~ ~lack, Esqui~ ~ SupS'me Court I.D. N0. 36818 Edwin A.D. Schwartz~Fsquire ~_S_u.p_re. me Cou~ I._..~o. 75902 ~20~ch'~'t~5~n Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant Joanna A. Vellios SHERIFF'S RETURN - CASE NO: 2001-04709 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDDAUGH JANE L VS VELLIOS JOANNA A OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT VELLIOS JOANNA A but was unable to locate Her deputized the sheriff of YORK serve , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: He therefore Pennsylvania, in his bailiwick. County, the within COMPLAINT & NOTICE to On August 24th , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 22.07 .00 59.07 08/24/2001 Sheriff of Cumberland County HANDLER HENNING & ROSENBERG Sworn and subscribed to before me this ~6 ~ day of ~2~! A.D. Pro thonot a?? COUNTY OFYORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN I PLAINTIFF/S/ Jane L. FLiddaugh 3. DEFENDANT/S/ SERVE SERVICE CALL (717) 771-9601 c%T3 E"c±vi 4. TYPE OF WRIT OR COMPLAINT Joanna A. V~l 1 los Notice & Cc~laint 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SE LEVIED, ATTACHED, OR SOLD Joanna A. Ve11 los 1750 Asb_land [~:. York, PA 17404 6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT PUTIZE ~ CE T IL 13 1 ST CLASS MAIL n POSTED n OTHER 7. INDICATE SERVICE; QPERSONAL ~ PERSON IN CHARGE X~DE r.~E~;.__M~ ""~'"'~' "-~' "~ ' riff of ,2001 I, SHERIFF OF YORK COUN'rY~ PA//Io hereby depu~.iz~.,the she NOW August 9. COUNTY to execut~tur~ording York made at the re uest and risk of the plaintiff · to law. This deputization being q ' SHERIFF OF yI~K C~UNT~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Ctj~b~'r'l and 0UT 0F COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff lewing upon Ol =[~J ,;~ any prope~/under within wdt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff 9. TYPENAMEandADDRESSOfATFORNEY/ORIGINATORandSIGNATURE 110. TELEPHONE NUMBER Ill. DATEFILED HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN RD. HArriSbURG, PA 238-2000 8-8-01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF ~ .... 114. DAT~: .~:~. ..... I ...... 13. I acknowtedge receipt of the writ 8-14- 01 9- 7-- ~)~ or W,~i~;&;F,; as indicated adore. R. AHRENS 16. HOWSERVED: PERSONAL'~ RESIDENCE~ POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOtN 17. ~ I hereby certify and return a NOT FOUND ~-~,,~' I am unable to ~3cate the individual, cu,,,pany, etc. named above. (See ~ei~ ,=,~.z. below.) 18 NAME AND T TLE OF I~OlVlDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. D~te of S/ervice 20. Time of S~er~.ice · / I C/m?/. [ ,~"~.~.,,'~, Int- 22 REMARKS: '~'~2-%23. Advance Costs 24 ServceCosts 25. N/F 26 Mileage 27 rage 28 SubTotal 29. Pound 30. Notan/ 31.Surchg. 32. Tot. Coitst33. C~stsDu~ef~nd~.~h~cl~_ 41 AFF RME 'bed to before ' - 44. Slgnatore of City of York, York C~3urlty, P . 49 DATE OS 48. S~gnature of Fore gn ~C~sS0C~ & HOFFMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRrSBURG, PENNSYLVANIA 17110 PHONE (7'i7) 540-3400 FAX (717) 540-3434 WE DO HEREBY CERTIFY THE WITHIN IS A TRUE AND RECT COPY OF THE ORI FILED IN THIS ACTION BY ATTORNEY JANE L. MIDDAUGH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 01-4709 JOANNA A. VELLIOS, Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO NEW MATTER To The Within Named Plaintiff: Jane L. Middau.qh: You are hereby notified to plead to the enclosed Answer and New Matter pursuant to Pa,R.C.P 1030 within 20 days from service hereof or a default judgment may be entered against you. ANSWER AND NEW MATTER OF DEFENDANT~ JOANNA A. VELLIOS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant Joanna A. Vellios, by and through her attorneys, McKissock & Hoffman, P.C. and files the following Answer and New Matter to Plaintiff's Complaint: 1. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 1 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 3 of PlaintifFs Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 4. Admitted in part, denied in part. It is admitted only that on or about October 31, 2000 at approximately 9:20 p.m., Defendant Joanna Vellios operated a 1992 Toyota Camry which was owned and registered in the names of Athanasios and Efrosing Veliios, which 1992 Toyota Camry bears Pennsylvania registration plate number DBS-1966. Any inference arising from the averments in Paragraph 4 to the effect that Defendant Joanna Vellios was negligent or is liable to Plaintiff is specifically denied. Strict proof, if relevant, is demanded upon the trial of the matter. 5. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 5 of PlaintifFs Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 6. Admitted. 7. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 7 of Plaintiff's Complaint. To the extent that Defendant possess sufficient knowledge to formulate an answer to Paragraph 7 of the Plaintiff's Complaint, Defendant admits only that on October 31, 2000 at approximately 9:20 p.m., Defendant was traveling eastbound on King Street at or about the intersection of King Street and Ead Street and that said intersection is controlled by a traffic control device. Strict proof, if relevant, is demanded upon the trial of the matter. 8. Admitted in part, denied in part. It is admitted only that on or about October 31, 2000 at approximately 9:20 p.m. a collision occurred between a vehicle being operated by the Defendant and another vehicle operated by a non-party to the present proceedings, whose identity is believed to be a Mr. Jerry Kale. The remaining averments contained in Paragraph 8 of Plaintiff's Complaint constitute conclusions of law, which no responsive pleading is required. Strict proof, if relevant, is demanded upon the trial of the matter. 9. The averments in Paragraph 9 of Plaintiff's Complaint constitute a conclusion of law, which no responsive pleading is required. To the extent that said averments do not constitute a conclusion of law and are fact specific, same are denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments in Paragraph 9 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 10. The averments in Paragraph 10 of Plaintiff's Complaint constitute a conclusion of law, which no responsive pleading is required. To the extent that said averments do not constitute a conclusion of law and are fact specific, same are denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments in Paragraph 10 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 11. The averments in Paragraph 11 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are fact specific and do not constitute conclusions of law, same are denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer, it is denied that Defendant, Joanna Vellios, was any way negligent or that any alleged negligence of Defendant resulted in any injury sustained by the Plaintiff. Strict proof, if relevant, is demanded upon the trial of the matter. 12 - 17. The averments in Paragraphs 12 through 17 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are fact specific and do not constitute a conclusion of law, same are denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments in Paragraphs 12 through 17 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 18. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 18 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. WHEREFORE, Defendant, Joanna A. Vellios, respectfully requests that this Honorable Court enter judgment in her favor, dismiss Plaintiff's Complaint with prejudice, and award such other relief as this Court deems appropriate. NEW MATTER 19. Paragraphs 1 through 18 of Defendant's Answer and New Matter are incorporated herein, as if set forth at length. 20. To the extent that facts developed during the course of discovery may implicate, Plaintiff's claims are barred, in whole or in part, by the previsions of Pennsylvania Motor Vehicle Responsibility Law. 21. To the extent that facts developed during the course of discovery may implicate, Plaintiff's injuries and losses, if any, were caused by persons or events outside the control of the Defendant. 22. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred by the doctrine of laches and unclean hands from the relief requested. 23. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 P.C.S.A. § 4102. 24. To the extent that facts developed during the course of discovery may implicate, Plaintiff, Jane L. Middaugh, was contributorily negligent and/or assumed the risk of injury. 25. To the extent that facts developed during the course of discovery may implicate, the negligent acts and/or omissions of other individuals or entities constitutes an intervening or superseding cause of the injuries alleged to have been sustained by the Plaintiff. 26. To the extent that facts developed during the course of discovery may implicate, Plaintiff's alleged injuries were caused by the acts and/or omissions of a person or persons other than Defendant. 27. To the extent that facts developed during the course of discovery may implicate, Plaintiff may have already entered into a Release with other individuals or entities which has the effect of discharging any liability of the Defendant. 28. Plaintiff's injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Law (75 Pa.C.S.A. § 1702). Plaintiff is therefore barred from any recovery of non-economic losses. WHEREFORE, Defendant, Joanna A. Vellios respectfully request this Honorable Court to enter a judgment in her favor and against the Plaintiff, Jane L. Middaugh, and dismiss Plaintiff's Complaint with prejudice and further award Defendant all such other relief as is just and proper. By: Respectfully submitted: McKissock & Hoffman, P.C. B. Crai, g~lacl<, ~-s~ Attorr~jI.D.:~No. 36818 _,,,/ ~'~ Edwin A.D. Sc-h~ire Attorney I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Joanna A. Vellios VERIFICATION I, Joanna A. Vellios, hereby verifies that the statements in Defendant, Joanna A Vellios' Answer and New Matter to Plaintiff's Complaint are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Dated: / Joanna A. Vellios CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer and New Matter of Defendant, Joanna A. Vellios to Plaintiff's Complaint upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) Date: McKissock & Hoffman, P.C. BY:B. Craig.J~r~k, Esquire ~ Supre urtlD No 3 Edwin A.u. ~cnwartz, Esquire Supreme Court I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant Joanna A. Vellios JANE L. MIDDAUGH, Plaintiff JOANNA A. VELLIOS, Defendant McKISSOCK & HOFFMAN A PROFESSIONAL CORPORATION. ATTORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PENNSYLVANIA 17110 PHONE (717) 540-3400 FAX (717) 540-3434 WE DO HEREBY CERTIFY THE WITHIN IS A TRUE AN[ RECT COPY OF THE O1~ FILED IN THIS ACTION BY__ A~FFORNEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-4709 CIVIL ACTION - LAW JOINT STIPULATION AND NOW, the comes the parties to the above captioned matter: Jane L Middaugh, by and through her attorney W. Scott Henning, Esquire and Joanna A. Vellios, by and through her attorneys, McKissock & Hoffman, P.C., and stipulate as follows: Plaintiff, Jane L. Middaugh commenced the instant action to the above docket number by the filing of a Complaint on August 8, 2001. Plaintiff's Complaint sets forth averments for the potential recovery of damages for personal injuries allegedly incurred by Jane L. Middaugh resulting from a motor vehicle accident which allegedly occurred on October 31,2000. Paragraph 11 of Plaintiffs' Complaint sets forth allegations of alleged negligence exhibited by Defendant giving rise to the accident in which Plaintiff was allegedly injured on October 31,2000. Plaintiff and Defendant agree and Stipulate that the word "generally", contained in the introductory sentence to subparagraphs (a) through (j) of paragraph 11 of Plaintiffs Complaint shall be deleted in its entirety. Otherwise, the Complaint shall stand as it is currently set forth. = The undersigned hereby stipulate to the entry of an Order which shall strike and dismiss the word "generally" as set forth in paragraph 11 of Plaintiff's Complaint. WHEREFORE, the undersigned hereby acknowledge, agree and stipulate to the foregoing and evidence such by affixing their respective signatures and respectfully request the entry of an Order in accordance with the foregoing Stipulation Respectfully submitted, Date: Date: ~.,~- 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Counsel for Defendant McKISSOCK & HOFFMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PENNSYLVANIA 17110 PHONE (717) 540-3400 SEP ] 4 2001 FAX (717) 540-3434 WE DO HEREBY CERTIF THE WITHIN iS A TRUE A RECT COPY OF THE ( RLED IN THIS ACTION BY ATTORNEY JANE L. MIDDAUGH, Plaintiff JOANNA A. VELLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-4709 CIVIL ACTION - LAW ORDER AND NOW, TO WIT this [ ? day of ': ~' , 2001, upon consideration of the foregoing Stipulation, it is hereby ORDERED and DIRECTED that the word "generally" is stricken from paragraph 11 of Plaintiff's Complaint. In all other respects, Plaintiff's Complaint shall remain as filed. BY THE COURT ,/ JANE L. MIDDAUGH, Plaintiff JOANNA A. VELLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4709 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Jane Middaugh, by and through her attorneys, HANDLER, HENNING & ROSENBERG, by W. Scott Henning, Esquire, and responds as follows: 19. Paragraph 19 is an incorporation paragraph to which no responsive pleading is required. 20. Denied. The allegation set forth in paragraph 20 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiffs claim is in anyway barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Responsibility Law, and proof to the contrary is demanded at the trial in this matter. 21. Denied. It is denied that the Plaintiffs injuries and losses/damages were caused by persons or events outside the control of the Defendant, and proof to the contrary is demanded at the trial in this matter. 22. Denied. The allegation set forth in paragraph 22 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiffs claim is in anyway barred by the doctrine of laches and/or unclean hands, and proof to the contrary is demanded at the trial in this matter. 23. Denied. The allegation set forth in paragraph 23 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiff's claim is in barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, and proof to the contrary is demanded at the trial in this matter. 24. Denied. The allegation set forth in paragraph 24 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff was in anyway contributorily negligent and/or in anyway assumed the risk of injury, and proof to the contrary is demanded at the trial in this matter. 25. Denied. The allegation set forth in paragraph 25 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that there were any negligent acts or omissions of other individuals or entities that would constitute an intervening or superseding cause of the injuries sustained by the Plaintiff, and proof to the contrary is demanded at the trial in this matter. 26. Denied. It is denied that the Plaintiff's injuries were caused by the acts and/or omissions of a person or persons other than the Defendant, and proof to the contrary is demanded at the trial in this matter. 2 27. Denied. It is denied that the Plaintiff has entered into a Release with any other individuals that would have the effect of discharging the liability of the Defendant, and proof to the contrary is demanded at the trial in ths matter. 28. Denied. The allegation set forth in paragraph 28 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff denies that she is subject to Limited Tort status under the Pennsylvania Motor Vehicle Financial Responsibility Law, therefore, the issue of whether the Plaintiffs injuries constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Law is an irrelevant issue, §y way of additional answer, the Plaintiff incorporates paragraph 9 of her Complaint herein as though fully set forth. WHEREFORE, Plaintiff, Jane L. Middaugh, demands Judgment against the Defendant, Joanna A. Vellios, for the relief set forth in her Complaint. Respectfully submitted, HANDLER, HENNING & ROSENBERG I.D. ¢32298 / 130(~Lin~es'town R/bad Harris~-~rg, PA 17~'10 (717) 238-2000 Attorneys for Plaintiff 3 VERIFICATION PURSUANT TO PA R.CoP. NO. 1024 (c) W. SCOTT HENNiNG, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made §4904 relating to unsworn falsification to subject to the penalties of 18 Pa C.S. authorities. JANE L. MIDDAUGH, Plaintiff JOANNA A. VELLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4709 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On the 2nd day of January, 2002, I hereby certify that a true and correct copy of Plaintiffs' Petition to Amend Complaint was served upon the following by depositing in U.S. Mail; B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 203 Harrisburg, PA 17110 Date: HANDLER, ~IENNING & ROSENBERG W. Sc I.D. Uo. 32208 1300 Linglestown~__.~d Harrisburg, P^ 17110 (717) 238-2000 Attorney for Plaintiff CERTIFICATE PREP~QUISITE TO S~tVICE OF A SUBPOENA PURSUANT TO ~ULE 4009.22 IN THE MATTER OF: JANE L. MIDDAUGH VELLIOS -VS- COURT OF CO~40N PLEAS TERM, CASE NO: 01-4709 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CEAIG BLACK, ESQUIRE 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: 0111612002 MCS on behalf of Attorne~y/ for DEFENDANT DEll-304931 805 55--L01 COI"II"ION-W~AT.TH OF PENNSYLVANIA COUNTY OF CUlVIBERLAND IN THE MATTER OF: JANE L. MIDDAUGH VELLIOS -VS- COURT OF CO~fl40N PLEAS TERM, CASE NO: 01-4709 NOTICE OF INTF~T TO SERVE A SUBPOENA TO PRODUCE DOCT~NTS I'~INGS FOR DISCO¥~It¥ PURSUANT TO l~Trr.~ 4009.21 SHIPPENSBURG FAMILY PEACTICE M~DICAL T0: W. SCOTT HENNING, ESQ. MCS on behalf of B. CRAIG BLACK~ ESQUIRE intends to serve a subpoena i~e~tical to the one that is attached to this notice. You have twenty (20) days fr~m 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 completin$ the attached counsel card and return/nS same to MCS or by contacting our MCS office. DAT~: 12127/2001 CC: B. CR&.TG BLACK, ESQUIRE - 8350-118 MCS on behalf of B. CR&IG BLACK~ ESqUIlt~ Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601MARKET STREET #8oo -- PHILADELPHIA, PA 19103 (215) 246-0900 DKOZ-174179 80555--C01 ~.OMMONWEALTH OF PE~SYI. VANIA COUNTY OF CUME ERLA.\'D_ MIDDAUGH VS : VELLIOS : No. 01-4709 SUBPOENA TO PRODUCE DOCUMr~-N-r5 OR THING:', FOR DISCOVERY PURSUA_N'T TO RULE 4009 TO: CUSTODIAN OF RECORDS FOR" SHIPPENSBURG FAMILY PRACTICE Within rws..-.m. · 21~) days a~t~ ,ervice ot this subpoena, you at~ ordered by t~ ~'o~n to produ¢, the follawin~ do~.aanent$ or ~h~n~ ~ SEE ATTACHED ' MCS GROUP INC., 1601 ~ET ST., #800, PHI~.,PA 19103 You may de~'~ or m~] le~ble copi~ of the d~m~n~ or p~duc~ e~ ~u~ed ~ t~ sub~ ~og~ther with advmce, ~he ~uo~ble c~ of prep~nS the copi. or produ~ng the ~ se~'i~g ~ s~b~na may stir a c~ ordff compellin~ you ro comp~ ~ ~ 'l'!-II$ SL'BPO~WA WAS I$SUh'D AT'I'Hi R£QUL~I· OF ~ ~-OLLOWING P£R$ON: NAM~. B. CRAIG BLACK, ESQ. AD[~RF.~ 2040 LINGLESTOWN RD., STE HARRISBURG, PA 17110 T~L~PD~ON=- 215-246-0900 A'FTO R.%'~Y t'OR: n~m Seal of the C.a~u.t ( -:.q. ?19~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHIPPENSBURG FAMILY PRACTICE 46 WALNUT BOT'FOM ROAD SHIPPENSBURG, PA 17257 RE: 80555 JANE L. MIDDAUGH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. sDuates Requested: up to and including the present. bjeet :JANE L. MIDDAUGH 311 SHEPARD LANE, SHIPPENSBURG,, PA 17257 Date of Birth: 08-11-1953 SU10-346554 80555=L01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JANE L. MIDDAUGH VELLIOS -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-4709 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 eCS on behalf of B. CRAIG BLACK, Esq. certifies that 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: 03/13/2002 eCS on behalf of -- ~B. ERAIG~LA-CK, Esq. Attorney~or DEFENDANT DEll-316362 8 0 5 5 5 --LO2 COb'IlVlO1N-hfEALTH OF PENNSYLVANIA COUNTY OF CU'PIBERLAND IN THE MATTER OF: JANE L. MIDDAUGH VELLIOS -VS- CouRT OF C0~940N PLEAS TERM, CASE NC: 01-4709 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PUBSUANT TO RULE 4009.21 HARTFORD INSURANCE OFMIDWEST CHAMBERSBURG HOSPITAL CHAMBERSBU~.G IMAGING ASSOC. SHIPPENBURG HEALTH SERVICES IN SUP~%NCF, MEDICAL I~CORDS M~DICAL P,~CORDS MEDICAL RECORDS TO: W. SCOTT HENNING, ESQ. M~S on behalf of B. C~AIG BLACK, ESq. intends to ser~e 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 sa~e to MCS or by contacting our local MCS office. DATE: 02/21/2002 CC: B. CRAIG BLACK, ESQ. - 8350-118 MCS on behalf of B. CRAIG BLACK, ESq. Attorney for DEFENDANT Any questions regarding this matter, contact TM~ MCS GROUP INC. 1601MAP~KET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-178955 80555--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDDAUGH : VS : VELLIOS : File No. 01-4709-CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2~ TO: CUSTODI,'~N OF RECORDS FOR: HARTFORD INSURANCE CO. (Name of Person or Entity) Within twenty (20) days after service of this sub~na~Egi~dered by the court to produce the following documents or things: at MMCS GROUP INC., 1601 MARKET ST, #800, PRILA,PA 19103 {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 parl'y 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: B. CRAIG BLACK, ESQ, ADDRESS: 2040 LINGLESTOWN RD., STE 402 RARRISBURG. PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: A2-FORNEY FOR: DEFENDANT B~HE C~R,T:/~ k~ Pi~othonotal?/Clerlg Civ~vision Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARTFORD INSURANCE OF MIDWEST P. O. BOX 2910 HARTFORD, CT 06104 RE: 80555 JANE L. MIDDAUGH CLAIM NO.: 55-PH-425159-111380. INSURED: EVELYN KYLE. Any and all claims files. Dates Requested: up to and including the present. Subject: JANE L. MIDDAUGH 210 CAMPGROUND ROAD, CARLISLE, PA 17013 Social Security #: 176-46-6329 Date of Birth: 08-11-1953 Date of Loss: 10/30/2000 SU10-357372 80555--L02 CERTIFICATE PKEKEqUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF C0~940N PLEAS JANE L. MIDDAUGH TERM, -VS- CASE NO: 01-4709 CIVIL VELLIOS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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. MCS on behalf of DATE: 03/13/2002 B. CRAIG BLACK, Esq. Attorney for DEFENDANT DEll-316363 8 0 5 5 5--L0 3 COI~lviON~W-EALTH OF PENNSYLVANIA COUNTY OF C%rt~BERLAND IN THE MATTER OF: JANE L. MIDDAUGH VELLIOS -VS- COURT OF C0~fli0N PLEAS TERM, CASE NC: 01-4709 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOC[D~RNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2] HARTFORD INSURANCE OF H IDlEST CHAHBERSBURG EOSPITAL CHAHBERSBURG IMAGING ASSOC. SHIPPENBURG HEALTH SERVICES INSURANCE ~ICAL RECORDS MEDICAL RECORDS ~DI~AL I~-CORDS TO: W. SCOTT HENNING, ESQ. MCS on behalf of B. CRAIG BLACK, Esq. intends to serve a subpoena identical to the one that is attached to this notice. You have tventy (20) days from the date listed belo~ in vhich 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 completin§ the attached counsel card and returning s-~e to HCS or by contacting our local MCS office. DATE: 02121/2002 CC: B. CRAIG BLACK, ESQ. - 8350-118 MCS on behalf of B. CRAIG BLACK, Esq. Attorney for DEFENDANT Any questions regarding this matter, contact THE HCS GROUP INC. 1601 HAHKET STREET ~8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-178955 80555--CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDDAUGH VS : VELLIOS : File No. 01-4709-CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,?? TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL (Name of Pemon 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 at MMCS GROUP INC., 1601 MARKET ST, #800, PHILA,PA 19103 -- (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: B. CRAIG BLACK, ESQ, ADDRESS: 2040 LINGLESTOWN RD.. STE 402 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFEND/~IT B¥~)E CO_0~RT: h ~ DATE: -- Prothonotary/Clerk, C'~vision Depul3/- Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL 112 NORTH SEVENTH ST. CHAMBERSBURG, PA 17201 RE: 80555 JANE L. MIDDAUGH Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: JANE L. MIDDAUGH 210 CAMPGROUND ROAD, CARLISLE, PA 17013 Social Security ~.' 176-46-6329 Date of Birth: 08-11-1953 SU10-357374 80555--L0 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JANE L. MIDDAUGH VELLIOS -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-4709 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 eCS on behalf of B. CRAIG BLACK, 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: 03/13/2002 eCS on behalf of B. CRAIG BLACK, Esq. Attorney for DEFENDANT DEll-316364 8 0 5 5 5 --LO 4 COlVIlvlOb]~f]~ALTH OF PENNSYLVANIA COUNTY OF CLrIvIBERLAND IN THE MATTER OF: JANE L. MIDDAUGH VELLIOS -¥S- cou~ OF c0ta~0N PLF~S TERM, CASE NC: 01-4709 CIVIL NO~ICE OF II~ENT TO SERVE A SUBPOENA TO PRODUCE DOCUHENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARTFORD INSURANCE OPHIDWEST CBAHBERSBURG HOSPITAL CHAHBERSBURG IHAGING ASSOC. SHIPPENBURG RFALTH SERVICES INSUi~2C~. HEDICAL R-ECORDS MEDICAL RECORDS HEDICAL RECORDS TO: W. SCOTT H~NNING, ESQ. HCS on behalf of B. CRAIG BLACK, 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 belc~ in~hich 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 emde, then the subpoena may be served. Coe~lete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 02/21/2002 CC: B. CRAIG BLACK, ESQ. - 8350-118 HCS on behalf of B. CRAIG BLACK, ESq. Attorney for DEFENDANT Any questions regarding this ~atter, contact TME HCS GROUP INC. 1601 HARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-178955 805§5--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDDAUGH : VS VELLIOS : File No. 01-4709-CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG IMAGING ASSOCIATES (Name of Per, on or Entity) things:Within twenty (20) days after service of this subpoenaSEE ~(~ACHED°U are ordered by the court to produce the following documents or at MMCS GROUP INC., 1601 MARKET ST, #800, PHILA,PA 19103 (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: B. CRAIG BLACK, ESQ, ADDRESS: 2040 LINGLESTOWN RD. ~ STE 402 HARRT.qBURC.. PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: A2~rORNEY FOR: DEFENDANT / - Pro~honota~//Cler~. C~vil ~r~n Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CItAMBERSBURG IMAGING ASSOC. 25 PENNCRAFT AVENUE PROF. ARTS BUILDING CHAMBERSBURG, PA 17201 RE: 80555 JANE L. MIDDAUGH 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: JANE L. MIDDAUGH 210 CAMPGROUND ROAD, CARLISLE, PA 17013 Social Security #: 176-46-6329 Date of Birth: 08-11-1953 SU10-357376 80555--L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JANE L. MIDDAUGH VELLIOS -VS- COURT OF C0~940N PLEAS TERM, CASE NO: 01-4709 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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: 03/13/2002 MCS on behalf of B. CRAIG BLACK, ESq. Attorney for DEFENDANT DEll-316365 80555--L05 COlVil~ION~,~ALTH OF PENNSYLVANIA COUNTY OF CUlvlBERLAND IN THE MATTER OF: JANE L. MIDDAUGH VELLIOS oVS- COURT OF COMMON PLEAS TERM, CASE NO: 01-4709 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARTFORD INSURANCE OF MIDWEST CHAMBERSBURG HOSPITAL CHAMBERSBURG IMAGING ASSOC. SHIPPENBURG HEALTH SERVICES INSURANCE MEDICAL I~ECORDS MEDICAL RECORDS MEDICAL IkECOP. DS TO: W. SCOTT HENNING, ESQ. MCS on behalf of B. CRAIG BLACK, ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fro~ the date listed below in ~hich to file of record and serve upon the undersigned un objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Cm-~lete copies of any reproduced records ~ay be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/2112002 CC: B. CRAIG BLACK, ESQ. - 8350-118 MCS on behalf of B. CRAIG BLACK, Esq. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 HARKET STREET f8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-178955 80555--CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDDAUGH : VS VELLIOS : File No. 01-4709-CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAiN OF RECORDS FOR: SHIPPENSBURG HEALTH SERVICES (Name of Per~on 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 at MMCS GROUP INC., 1601 MARKET ST, #800, PHILA,PA 19103 (~ddress) 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 OFTHE FOLLOWING PERSON: NAME: B. CRAIG BLACK, ESQ, ADDRESS: 2040 LINGLESTOWN RD., STE 402 HAR~TRRIT~C.: 'PA 1711fl TELEPHONE: 215-246-0900 SUPREME COURT 1D #: ATTORNEY FOR: DEFEHDAST DATE: -- Prothonotary/~21e~k, Civ~ion Seal of the Court (Elf. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHIPPENBURG HEALTH SERVICES 46 WALNUT BO'[TOM ROAD SHIPPENSBURG, PA 17257 RE: 80555 JANE L. MIDDAUGH 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 :JANE L. MIDDAUGH 210 CAMPGROUND ROAD, CARLISLE, PA 17013 Social Security #: 176-46-6329 Date of Birth: 08-11-1953 SU10-357378 80 5 55--L05 JANE L. MIDDAUGH, : Plaintiff : JOANNA A. VELLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-4709 CIVIL ACTION - LAW ENTRY OF APPEARANCE Please enter my appearance as co-counsel on behalf of Defendant, Joanna A. Vellios, in the above-captioned action. Respectfully submitted_, Ui'.~f~ael B. Volk, Esquire Attorney I.D. No. 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) McK,sso/ /' M,ic'hael B. Volk, Esquire A~torney I.D. No. 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant Joanna A. Vellios JANE L. MIDDAUGH, Plaintiff JOANNA A. VELLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4709 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the Docket in the above captioned matter as Settled and Discontinued. HANDLER, HENNING & ROSENBERG 1300 Lingl st~n/Road Harrisburg, PA Tel No · 717-2 -2000 ,~..o.: 7~-2~_-20_00 _ _ Supreme Court ID No. 32298 Attorneys for Petitioner