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Home My WebLink About04-1308 LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v, CIVIL ACTION - LAW MARY POOLE, Defendant NO. OLf- I~ 0 ~ I.i .' () ~ 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, hy entering a written appearance personally or by attomey 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 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 THJS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IDRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 TELEPHONE (717) 249-3166 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tamar acci6n dentro de los pr6ximos veinte (20) dias despUl!s de la notificaci6n de esta Demanda y A visa radicando personalmente 0 par media de un abogado una comparecencia escrita y radicando en la Corte par escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya, Se Ie advierte de que si usted falla de tamar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo par cualquier soma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado par el demandante puede ser dictado en contra suya par la Corte sin mas aviso adicional. Used puede perder dinero 0 propiedad U otros derechos importantes para used. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDlA T AMENTE, SI USED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUlENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUlR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVlCIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 TELEFONO (717) 249-3166 OR\G\t-U\L 273632.lIDLLIMTG LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO. 0'-1 - /302 MARY POOLE, Defendant JURY TRIAL DEMANDED COMPLAINT I. Plaintiffs Larry and Rebecca Runk, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside in MilIerstown, Perry County, Pennsylvania. 2. Defendant Mary Poole is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 1002 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The facts and occurrences hereinafter related took place on or about May 21, 2002, at approximately 8:38 a.m. on Waggoners Gap Road, North Middleton Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Larry Runk was operating his motor vehicle, a 1996 Pontiac Grand Prix, in a southern direction on Waggoners Gap Road. 5. Plaintiff Rebecca Runk was a passenger in her husband's vehicle. 6. At the same time, Defendant Mary Poole was operating a 2001 Toyota in an eastern direction on Enola Road, approaching the intersection of Wag goners Gap Road and Enola Road. 7. Defendant Mary Poole failed to stop at the stop sign at the subject intersection and struck Mr. Runk's vehicle. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Larry Runk and Rebecca Runk are the direct and proximate result of the 273632,l\DLLIMfG negligent, careless, wanton, and reckless manner in which Defendant Mary Poole operated her motor vehicle as follows: a) failure to yield and/or stop at a stop sign; b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c) failure to yield the right-of-way to Plaintiffs' vehicle; d) failure to keep a proper watch for traffic on the highway; e) 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; f) failure to keep proper and adequate control over her vehicle; and g) 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. CLAIM I Larry Runk v. Marv Poole 9. Paragraphs 1 through 8 of the Complaint are incorporated herein by reference. 10. Plaintiff Larry Runk sustained painful and severe injuries, which include but are not limited to cervical strain, lumbar strain, pain to the right shoulder, right elbow, right hand, and left knee, and a disk herniation at C5-6 and C6-7. 273632,lIDLLIMTG 2 - I II. By reason of the aforesaid injuries sustained by Plaintiff Larry Runk, he was forced to incur liability for medical treatment, medications, hospital treatment, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 12. Because of the nature of his injuries, Plaintiff Larry Runk has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Larry Runk has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforesaid injuries, Plaintiff Larry Runk has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Larry Runk has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 16. Plaintiff Larry Runk continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. CLAIM II Rebecca Runk v. Mary Poole 17. Paragraphs 1 through 16 of the Complaint are incorporated herein by reference. 18. As a result of the aforementioned injuries sustained by her husband, Plaintiff Larry Runk, Plaintiff Rebecca Runk has been and may in the future be deprived of the care, 273632,jIDLLIMTG 3 . II companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. CLAIM III Rebecca Runk v. Mary Poole 19. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference. 20. Plaintiff Rebecca Runk sustained painful and severe injuries, which include but are not limited to superior labral tear (left shoulder), cervical strain, trapezius muscle strain, numbness in the back of her neck, and severe pain in the posterior shoulder and left upper back regIOn. 21. By reason of the aforesaid injuries sustained by Plaintiff Rebecca Runk, she was forced to incur liability for medical treatment, medications, hospitalization, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 22. Because of the nature of her injuries, Plaintiff Rebecca Runk has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 23. As a result of the aforementioned injuries, Plaintiff Rebecca Runk has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 24. As a result of the aforesaid injuries, Plaintiff Rebecca Runk has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 273632. I\DLLIMTG 4 . II 25. As a result of the aforementioned injuries, Plaintiff Rebecca Runk has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 26. Plaintiff Rebecca Runk continues to be plagued by persistent pain and limitation 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. 27. As a result of the aforesaid accident, Plaintiff Rebecca Runk has undergone surgery, which has resulted in a permanent disfigurement, and claim is rnade therefor. CLAIM IV Larry Runk v. Mary Poole 28. Paragraphs 1 through 27 of the Complaint are incorporated herein by reference. 29. As a result of the aforementioned injuries sustained by his wife, Plaintiff Rebecca Runk, Plaintiff Larry Runk 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. 273632,1 lOLL IMTG 5 - I WHEREFORE, Plaintiffs Larry and Rebecca Runk demand judgment against Defendant Mary Poole in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. . Lutz LD. No. 35956 4503 N. Front Street Harrisburg, P A 1711 0 (717) 238-6791 Attorney for Plaintiffs Date: 3-d-~ -D~ 273632.l\DLLIMTG 6 . II VERIFICATION We, Larry and Rebecca Runk, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WlTNESS: ~ Larry Runk .--- 3-t"O-C+ IflIJflMb xl fi14 A 3tl1~loy Rebecca Runk Dated: 273632.I\DLL\MTG -- ~. ,--S\ ~) o '""- \ p.., ~~' J".. ~ o 0'-' -tl \...)',. ~ .J J -.....-.'/ ..... \.1 -.,. ~\J , F;;-, r-- / ".. ('" ., C:i' 0' 0)~ c rc. /.' (\ I'J) n ...., 0 C~:> ,. "-,7> 'Tl , ..!'-. u~ :r," f1~~ :"0' -~~ ,....) :6 - CTI ~~~ --~) '''''1 -0 c_~-n ",~;)'~ -'0. - ","" 1',) C:. ;~'~ , f"-.' --( C' .. SHERIFF'S RETURN - REGULAR CASE NO: 2004-01308 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RUNK LARRY ET AL VS POOLE MARY JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon POOLE MARY the DEFENDANT at 1413:00 HOURS, on the 30th day of March , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to MARY POOLE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 r~~<~ R. Thomas Kline 03/30/2004 ANGINO & ROVNER Sworn and Subscribed to before By: .Je ~~ Dep~ Sheriff me this ~ day of ~ .;lM'f ~)'~h (). 1t1~ifl'~,~ IProthonotary A.D. I Johnson, Duffie, Stewart & Weidner . By: Jefferson J. Shipman, Esquire LD. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 LARRY RUNK and REBECCA RUNK, Plaintiffs v, MARY POOLE, , Defendant TO THE PROTHONOTARY: PRAECIPE Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1308 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED PLEASE enter the appearance of Jefferson J, Shipman, Esquire, as attorney for Defendant in the above-captioned matter. DATct--r; ~f: 227503-1 ffie, Stew~lrt & Weidner 4~..v n , hipman, Esquire I.D, # 1785 301 Market Street P.O, Box 109 Lemoyne, PA 17043..0109 Attorneys for Defend~lnt JI. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly smved upon the fo wing, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, David L. Lutz, Esquire Angino & Rovner, P.C, 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER , ~ <<.~ erson J. Shipman, squire ,#: 51785 .0. Box 109 Lemoyne, PA 17043 Attorneys for Defendlant :230290 1 227666-1 ~~ (') ~ ->;:l::-t ~fr ~ / ~ r' ;~C :tf: :.'i ~~ ...., "'" => -"'" <- c:: :;t:: o -n ..... -r mFJ ~'9 06 ~-r' ::C-d q("') ~::,"'rn CJ --t ". ~j,J -< c:> :2 -,'_.... r:-? w N Jefferson J, Shipman, Esquire I.D, #: 517a5 JOHNSON, DUFFIE, STEWART & WEIDNER 301 Markel Street P.O, Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attorneys for Defendants v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004-1308 GIVIL CIVIL ACTION - LAW LARRY RUNK and REBECCA RUNK, Plaintiffs MARY POOLE, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and their counsel, YOU ARE HEREBY notified to plead to the within New Matter of Defendant within twenty (20) days, JOHNSON, DUFFIE, STEWART & WEIDNER ~S:-r~ Je r n J, Shipman, quire I. . #: 51785 P.O, Box 109 Lemoyne, PA '17043-0109 Attorneys for DI9fendant Telephone: 717'-761-4540 DATE: fI!.J.76r. :230861.1 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire LD. No, 51785 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys lor Defendant LARRY RUNK and REBECCA RUNK, Plaintiffs Defendant IN THE COUIRT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA NO, 2004-1308 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED v, MARY POOLE, DEFENDANT'S ANSWER AND NEW MAlTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Mary Poole, by and through her counsel, Jefferson J, Shipman, Esquire, and files the following Answer and New Matter: 1, Admitted only as to the address of the Plaintiffs, Ms, Poole is without sufficient knowledge or information to form a belief as to the truth of remaining averments of Paragraph 1 and the same are therefore denied, 2, Admitted, 3, Admitted, 4, Admitted, 5, Admitted, 6, Admitted, 7, Denied, It is specifically denied that Ms, Poole failed to stop at the stop sign at the subject intersection, To the contrary, Ms, Poole did stop her vehicle at the aforesaid intersection, 227503-1 8. Denied, The averments contained in Paragraph 8, and subparagraphs (a) through (g) are conclusions of law and fact to which no response is required, If a response is deemed to be required, the averments contained therein are spedfically denied, (a) Denied. It is specifically denied that Ms, Poole failed to yield andlor stop at the stop sign. (b) Denied, It is specifically denied that Ms, Poole failed to keep alert and maintain a proper watch for the presence of other motor v,ehicles on the highway; (c) Denied, It is specifically denied that Ms. Poole failed to yield the right-of- way to Plaintiffs' vehicle; (d) Denied, It is specifically denied that Ms. Poole failed to keep a proper watch for traffic on the highway; (e) Denied, It is specifically denied that Ms. Poole failed to drive her vehicle with due regard for the highway and traffic conditions which were existing; (f) Denied, It is specifically denied that Ms, Poole failed to keep proper and adequate control over her vehicle; and (g) Denied, It is specifically denied that Ms, Poole drove her vehicle upon the highway in a manner endangering persons and property and in a reckless manner and with careless disregard for the rights and safety of others in violation of the Motor Vehicle Code, CLAIM I Larry Runk v, Mary Poole 9, Ms, Poole incorporates herein by reference her answers to Paragraphs 1 through 8 above as though fully set forth herein at length, 2 10. Denied, After reasonable investigation, Ms. Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10, relating to Plaintiffs alleged injuries, and the same are ther'efore denied and strict proof demanded at the time of trial. 11. Denied. After reasonable investigation, Ms, Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11, relating to Plaintiffs alleged medical treatment, and the same !Ire therefore denied and strict proof demanded at the time of trial. 12, Denied, After reasonable investigation, Ms, Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12, relating to Plaintiffs alleged expenses, and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied, After reasonable investigation, Ms, Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13, relating to Plaintiffs alleged damages, and the same are thel'efore denied and strict proof demanded at the time of trial. 14. Denied. After reasonable investigation, Ms, Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14, relating to Plaintiffs alleged damages, and the same are therefore denied and strict proof demanded at the time of trial. 15. Denied. After reasonable investigation, Ms, Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15, relating to Plaintiffs alleged loss of earning power, and the same are therefore denied and strict proof demanded at the time of trial. 3 16, Denied, After reasonable investigation, Ms, Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16, relating to Plaintiff's alleged injuries, and the same are ther,efore denied and strict proof demanded at the time of trial. CLAIM II Rebecca Runk v. Marv Poole 17, Ms, Poole incorporates herein by reference her answers to Paragraphs 1 through 16 above as though fully set forth herein at length, 18, Denied, After reasonable investigation, Ms, Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 18, relating to Plaintiff's alleged loss of consortium, and the same ine therefore denied and strict proof demanded at the time of trial. CLAIM III Rebecca Runk v, Marv Poole 19, Ms, Poole incorporates herein by reference her answers to Paragraphs 1 through 18 above as though fully set forth herein at length, 4 20. Denied, After reasonable investigation, Ms. Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 20, relating to Plaintiffs alleged injuries, and the same are then3fore denied and strict proof demanded at the time of trial. 21. Denied, After reasonable investigation, Ms. Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 21, relating to Plaintiff's alleged medical treatment, and the same are therefore denied and strict proof demanded at the time of trial. 22, Denied, After reasonable investigation, Ms. Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 22, relating to Plaintiff's alleged expenses, and the same are therefore denied and strict proof demanded at the time of trial. 23, Denied, After reasonable investigation, Ms. Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 23, relating to Plaintiffs alleged damages, and the same are thelrefore denied and strict proof demanded at the time of trial. 24, Denied, After reasonable investigation, Ms, Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 24, relating to Plaintiffs alleged damages, and the same are thelrefore denied and strict proof demanded at the time of trial. 25, Denied. After reasonable investigation, Ms, Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 25, relating to Plaintiffs alleged loss of earning power, and the same are therefore denied and strict proof demanded at the time of trial. 5 26, Denied. After reasonable investigation, Ms. Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 26, relating to Plaintiff's alleged injuries, and the same are ther,efore denied and strict proof demanded at the time of trial. 27, Denied, After reasonable investigation, Ms. Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 27, relating to Plaintiff's alleged permanent disfigurement, and the same are therefore denied and strict proof demanded at the time of trial. CLAIM IV Larrv Runk v, Marv Poole 28. Ms, Poole incorporates herein by reference her aniswers to Paragraphs 1 through 27 above as though fully set forth herein at length, 29, Denied, After reasonable investigation, Ms, Poole is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 29, relating to Plaintiff's alleged loss of consortium, and the same <Ire therefore denied and strict proof demanded at the time of trial. NEW MA TIER By way of additional answer and reply, Defendant interposes the following New Matter: 6 30. That the Plaintiffs' alleged causes of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act or by the doctrine of comparative negligence. 31, That the Plaintiffs' alleged cause of action was a direct and proximate result of the negligence of the Plaintiff, Larry Runk, as follows: (a) Failing to operate a motor vehicle ata reasonable speed for the conditions then and there existing; (b) Failing to keep alert for other traffic on the highway; (c) Failing to slow to avoid the collision; (d) Failing to be attentive to the road conditions; (e) Failing to keep proper and adequatecontml over his vehicle; and (f) Driving his vehicle upon the roadway in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, 32. That if it should be found that there was any negligence on the part of the Defendant, Ms, Poole, which negligence is specifically denied, any such negligence was not a proximate andlor legal cause of any injuries or damages to the PI:aintiffs, 33, That the Plaintiffs alleged cause of action may have been caused in whole or in part by the negligence andlor carelessness of third parties or entities not presently involved in this action, 34. That the Plaintiffs may have failed to mitigate their injuries, 35, That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Financial Responsibility Law, 7 36, That the Plaintiffs alleged cause of action may be barred by the Limited Tort Option, Respectfully submitted, JOHNSON, DUFFIE, STEWART & WElD R ~ A.A ~~....JI Jeft so , hipman, squire I.D, : 51785 P,O, Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Telephone: 717-761-4540 8 VERIFICATION I, Mary Poole, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief, This Verification and statement is made subject to the penalties of 18 Pa. C,S, 94904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing lare true and correct and that false statements may subject me to the penalties of 18 Pa. C.S, i~4804, ..mww C? ~~ ~ DATE: :230878,1 227253-1 CERTIFICATE OF SERVICE~ I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, PE~nnsylvania, on Gr / ~ Je f : I I David L. Lutz, Esquire Angino & Rovner, P,C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER '230290 1 227666-1 1! ( c) ~-;; ,C',,; :;J ~" C;;:') ....:) .,1..- c,__ , ~., " N ill -T) -'~ -"" r:? -.l o -n =:-1 .. " rn ;;~ "or' (:) " '""1, -, tn , ~ '" :-<. LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v, CIVIL ACTION - LAW MARY POOLE, Defendant NO. 04-1308 CIVIL JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 30. through 33. Denied. The factual allegations contained in the Plaintiffs' Complaint are incorporated herein by reference. 34. It is denied that the Plaintiffs failed to mitigate their damages. 35. It is admitted that provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law apply to this case. 36. It is denied that Plaintiffs' claim is barred by the limited tort option. WHEREFORE, Plaintiffs respectfully request that the Defendant's New Matter be dismissed. Date: ~- '>jJ /\J~ ANGINO & ROVNER, P.C. 1t' David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 278585-1 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REPLY TO DEFENDANT'S NEW MAITER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jefferson J. Shipman Esquire Johnson, Duffie, Stewart & Johnson 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Dated: G ~ ? 0 - D'-\ 278585-1 ~ =~ (-:-: r" c r::> ,,) .. Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No, 51785 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw,com Attorneys for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMElERLAND COUNTY, PENNlSYLVANIA LARRY RUNK and REBECCA RUNK, v, NO. 2004-1308 MARY POOLE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.:!2 TO: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been recElived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. By: Date: qjl3 / 0 Lj CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the I3fh day of ~, 2004, addressed as follows: David L. Lutz, Esquire Angino & Rovner, P.C, 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff By: DUFFIE, STEWART & WEIDNER son J. Shipman, Esquire Att ney 1.0, No. 51'T85 . 301 Market Street P.O. Box 10!9 Lemoyne, Pi\. 17043-0109 Telephone U17) 761-4540 Attorneys for Defendant Johnson. Duffie, Stewart & Weidner By: Jefferson J, Shipman, Esquire I.D. No, 51785 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 20184-1308 MARY POOLE, CIVIL ,Il,CTION - LAW Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: David L. Lutz, Esquire Angino & Rovner, P,C. 4503 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendant intends to serve thirteen subpoenas identical to the ones that are attached to this notice, You halve twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas, If no objections are made, the subpoenas may be served, Date: 1;1 d 5/6Lf By: J fferson J. Shipman, Esquire Attorney I.D, No, 51785 301 Market Street P.O. Box 109 Lemoyne. PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne, Pennsylvania, on the: :;;JM day of ~, 2004, addressed as follows: David L, Lutz, Esquire Angino& Rovner, P,C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff Jefferson J. Shipman, Esquire Attorney 1.0. No. 51785 301 Market Street P.O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANII~ COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004-1308 CIVIL TERM vs, MARY POOLE, CIVIL ACTION - LA.W Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisbura Hosoital (Name of Person or Entity) Wtthin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records, correstlondence, reoorts and diaonostic test results oertainina to Larrv Runk SSN: .180-50-0301 DOB: 4/10/62 at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P,O. Box 109, Lemovne, PA 17043, You may deliver or mail legibie copies of the documents or produce things requested by this subpoena, together with the certificate of compiiance, 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 c;ompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: Jefferson J, Shioman, Esauire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 TELEPHONE: SUPREME COURT ID #: Deputy DATE: /J/J ~ .;;21./ ~ -7/'\OC{ Seal 0 the Co rt (Eff 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1308 CIVIL TERM vs, MARY POOLE, CIVIL ACTION - LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4lJ09,22 TO: Green Hill Famiiv Health Center (Name of Person or Entity) Wtthin twenty (20) days after service of this subpoena, you am ordered by the court to produce the following documents or things: anv and all medical records, correseondence. reeorts and diaanostic test results eertainina to Larry Runk SSN'180-50-0301 DOB: 4/10/62 at Johnson, Duffie, Stewart & Weidner. 301 Market Street. P,O, Box 10EI, Lemovne, PA 17043, 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 FOLLOIJIIING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID#: Jefferson J, Shioman, Esauire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 BYTHE COUFtT: ~ ProthonotaJ:yiE, ivision Deputy DATE: 2. C>Cf-j (EIf,7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1308 CIVIL TERM vs, MARY POOLE, CIVIL ACTION - U\W Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4ll09,22 TO: Alexander Sprino Rehab. Inc, (Name of Person or Entity) Within twenty (20) days after service of this subpoena" you am ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diaonostic test results pertainino to Larrv Runk SSN: 180-50-0301 DOB: 4/10/62 at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P,O, Box 10\1. Lemovne, PA 17043, 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: ADDRESS: Jefferson J, Shioman, Esouire 301 Market Street lemovne. PA 17043 717-761-4540 51785 TELEPHONE: SUPREME COURT ID #: DATE: (j/~~ .:24 .J..CO'-j Seal of t e Court I Deputy (Eft,7197) COMMONWEALTH OF PENNSYLVANI.~ COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004.1308 CIVIL TERM vs. MARY POOLE, CIVIL ACTION - U\W Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Steven Moraanstein, M.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: anv and all medical records, correslDondence. reports and diaonostic test results pertainino to Larrv Runk SSN: 180-50-0301 DOB: 4/10/62 at Johnson, Duffie, Stewart & Weidner. 301 Market Street. P.O, Box 109', Lemovne, PA 17043, 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: Jefferson J, Shipman, Esauire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 ivision DATE: CJu. ~. ;21/: ~CJ{j,-/ Seal of t e Court Deputy (Eft,7197) COMMONWEALTH OF PENNSYLVANII~ COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004-1308 CIVIL TERM vs. MARY POOLE, CIVIL ACTION - U\W Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr, Walter C. Peooelman (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are, ordered by the court to produce the following documents or things: any and all medical records. correslJondence reoorts and diaonostic test results oertainino to Larrv Runk SSN: 180-50-0301 DOB: 4/10/62 at Johnson, Duffie. Stewart & Weidner, 301 Market Street. P,O. Box 109, Lemovne, PA 17043, 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: ADDRESS: Jefferson J, Shioman, Esouire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 TELEPHONE: SUPREME COURT ID#: DATE (J U ~ :.i. L/ :J...ODL( Seal of t Court' Deputy (EIf,7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1308 CIVIL TERM vs, MARY POOLE, CIVIL ACTION - LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE4009.22 TO: Maanetic Imaaina Center, (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aria ordered by the court to produce the following documents or things: any and.all medical records, correSioondence. reoorts and diaanostic test results oertainino to Larrv Runk SSN:180-50-0301 DaB: 4/10/6~~ at Johnson, Duffie, Stewart & Weidner. 301 Market Street. P,O, Box 10il, Lemovne, PA 17043, 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 reasonabll, 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: Jefferson J, Shioman, Esauire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 BY THE COURT: , 'I Divis' Pr Deputy DATE: ~u~ ';(Llri .;J..,DC'( Seal of t e Cou (Elf. 7/97) COMMONWEALTH OF PENNSYLVANI!~ COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004-1308 CIVIL TERM vs, MARY POOLE, CIVIL ACTION - LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Community General Osteooathic Hosoital. (Name of Person or Entity) Wtthin twenty (20) days after service of this subpoena, you are, ordered by the court to produce the following documents or things: anvand all medical records, correslJondence, reoorts and diaonostic test results oertainina to Larrv Runk SSN: 180-50-0301 DOB: 4/10/62 at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P,O. Box 105', Lemovne. PA 17043, 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 milking 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: ADDRESS: Jefferson J. Shioman Esauire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 TELEPHONE: SUPREME COURT ID #: BYTHE COURT: P{~~~ ion Deputy DATE . {:J LA ~ :)l.J 'J"Od-l Seal of th Court I -I (Elf. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,2004-1308 CIVIL TERM vs. MARY POOLE, CIVIL ACTION - lAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburo Hosoital (Name of Person or Entity) Wtthin twenty (20) days after service of this subpoena, you am ordered by the court to produce the following documents or things: any and all medical records, corresoondence. reoorts and diaanostic test results oertainina to Rebecca Runk SSN: 180-64-1396 DOB: 11/30/68 at Johnson. Duffie, Stewart & Weidner, 301 Market Street. P.O, Box 1011, Lemovne. PA 17043, 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 m:aking 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 wtthin twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: Jefferson J, Shioman, Esauire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 TELEPHONE: SUPREME COURT JD #: BY THE COURT: Deputy DATE r;u ~ ~L.f. ;;<Od-j Seal of th Court ' (EIf,7/97) , ,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004-1308 CIIVIL TERM vs, MARY POOLE, CIVIL ACTION - LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Familv Medicine Center of New Bloomfield (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: anv and all medical records, corresoondence reoorts and diaanostic test results oe1'lainina to Rebecca Runk SSN: 180-64-1396 DOB: 11/30/68 at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P,O, Box 109, Lemovne, PA 17043. 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: ADDRESS: Jefferson J, Shioman, Esauire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 TELEPHONE: SUPREME COURT 10 #: BY THE COURT: P~~' ision DATE: . Au.~ .::2 l/ :(.00,/ Seal of th Court I Deputy (EIf,7/97) . COMMONWEALTH OF PENNSYLVANII~ COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004-1308 CIVIL TERM MARY POOLE, Defendant CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Alexander Serino Rehab. Inc, (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: anv and all medical records. corresocmdence, reeorts and diaonostic test results eertainino to Rebecca Runk SSN: 180-64-1396 DOB: 11/30/E,8 at Johnson, Duffie, Stewart & Weidner 301 Market Street. P,O. Box 109. lLemovne. PA 17043, 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 FOLLOWI~IG PERSON: NAME: ADDRESS: Jefferson J. Shioman, Esouire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 TELEPHONE: SUPREME COURT ID #: BY THE COURT: (]~- Prcllhonotal)tleterlc, Ivil Divisio DATE: No. ~ ;;), LJ ;)..66t Seal oft e Court' Deputy (Eft. 7/97) . ~~ <, COMMONWEALTH OF PENNSYLVANI!~ COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004-1308 CIVIL TERM MARY POOLE, Defendant CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Arlinaton Orthopedics, (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: anv and all medical records, corresoondence, reports and diaonostic test results pertainina to Rebecca Runk SSN: 180.64-1396 mOB: 11/30/158 at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P,O, Box 109, Lemovne, PA 17043, 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: ADDRESS: Jefferson J, Shipman, Esauire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 TELEPHONE: SUPREME COURT ID #: BY THE COURT: DATE n.. - ...., I ;;).,00'/ ~ Deputy (Eft. 7/97) . . COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1308 CIVil TERM MARY POOLE, Defendant CIVil ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: First Choice Rehabilitation Soecialists, (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are c,rdered by the court to produce the foliowing documents or things: anv and all medical records, corresoondence, reoorts and diaonostic test results oertaininato Rebecca Runk SSN: 180-64-1396 DOB: 11/30/6/1 at Johnson. Duffie, Stewart & Weidner, 301 Market Street. P.O, Box 109. L.emovne, PA 17043, You may deliver or mal/ 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 CIJst of preparing the copies or producing the things sought. If you fal/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: ADDRESS: TELEPHONE: SUPREME COURT ID #: Jefferson J. Shioman, Esouire 301 Market Street lemovne. PA 17043 717-761-4540 51785 BYTHE COURT: DATE: {:; J 1 (l :J. 4 ;).,{)O'l Seal of t Court' / Deputy (Eff.7/97) . ~ . COMMONWEALTH OF PENNSYLVANII~ COUNTY OF CUMBERLAND LARRY RUNK and REBECCA RUNK, Plaintiffs vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2004-1308 CIVIL TERM MARY POOLE, Defendant CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Community Imaaino Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, corresppndence, reports and diaonostic test results pertainino to Rebecca Runk SSN: 180-64-1396 DOB: 11/30/68 at Johnson. Duffie, Stewart & Weidner, 301 Market Street. P,O, Box 109. Lemovne, PA 17043. You may deliver or mail legible copies of the documents or pmduce things requested by this subpoena, together with the certificate of compliance, to the party ma~:ing 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: ADDRESS: Jefferson J. Shioman. Esouire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 TELEPHONE: SUPREME COURT ID #: BY THE COURT: Deputy DATE f1.J~ ~Lf. ::JOC:N Seal of t e Court ' / (EIf,7/97) () '" C~:; '.::.... ..0- (,.'') f';"1 -;) (') "11 .... :1- p,~.::J ,- ~8~g ~~S f~~~ (,m ~0 ,,~ :< _2 r;,? r-,_) o Johnson. Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY RUNK and REBECCA RUNK, v. NO. 2004-1308 MARY POOLE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. UFFIE, STEWART & WEIDNER . By: Date: I J-j;) ~ I ()1f Jeff son J. Shipmar" Esquire Attorney 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the d 8Tit day of -O~cerY1 be. r , 2004, addressed as follows: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff , DUFFIE, STEWART & WEIDNER . By: Je rson J. Shipman, Esquire Att rney I.D. No. 51'785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson. Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY RUNK and REBECCA RUNK, v. NO. 2004-1308 MARY POOLE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendant intends to serve three subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. Date: I d 111.1 / 01 , DUFFIE, STEWART & WEIDNER By: J erson J. Shipman, Esquire A orney 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne, Pennsylvania, on the (to ff) day of Dee e.rr) be r , 2004, addressed as follows: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff UFFIE, STEWART & WEIDNER By: Jeffi rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runkt Plaintiffs vs. File No. 2004-1308 Mary Poole. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: A To Z Tax Service (Name of Person or Entity) Within twenty (20) days after service of this subpoenat you are ordered by the court to produce the following documents or things: any and all accountina records reaardina' Bill's Mechanical and Weldina Company includina tax returns for the company for 1997 throuah 2002 and personal tax returns for 1997 throuah 2002 pertainina to Larry Runk SSN: 180-50-0301 DOB: 4/10/62 at Johnson, Duffie, Stewart & Weidner. 301 Market Street. Lemoyne. PA 17043 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: ADDRESS: Jefferson J. Shipman. Esauire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant TELEPHONE: SUPREME COURT 10 #: A TIORNEY FOR: DATE: j)f'r IS. ~(Xi1 Seal of the Court '--- .P.dt:ho J? 7f--i?~l.~ Deputy (Eft, 7/97) ... COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runkt Plaintiffs vs. File No. 2004-1308 Mary Poole, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Darryl K. Guistwite (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records. corresoondence. reoorts and diaanostic test results oertainina to larrv Runk SSN: 180-50-0301 DOB: 4/10/62 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. lemovne, PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoenat 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: ADDRESS: TELEPHONE: SUPREME COURT ID#: ATTORNEY FOR: Jefferson J. Shioman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: DA TE;l)U. I ~. ::2Cdj Seal of the Court '---- i2t.12a,~ 2. 7f/lJY'lo; Deputy (Eft. 7/97) " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runk, Plaintiffs vs. File No. 2004-1308 Mary Poole, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bruce Goodman. M.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: any and all medical records. corresoondence. reoorts and diaanostic test results oertainina to Larry Runk SSN: 180-50-0301 DOB: 4/10/62 at Johnson, Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 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: ADDRESS: Jefferson J. Shioman. Esauire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE:-:0U., IS ~ Seal of the Couh ~~~.7[~~- Deputy (Eft. 7/97) (") ".3 0 c::> C = "T'l ~": .,&,- -001 c::;) ~ ~~:L~ m rn:D CJ , -...... N ;grn L.. ' (fl ;; ~ ~r'! \.0 06 ---{ <'-- -0 -r " ""> ,,-- cP.. z0 :x -".C) ..... ( I (3m )>(:: --1 z ?I5 =< 0 U} .< Johnson. Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0, No, 51785 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 2004-1308 MARY POOLE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: David L. Lutz, Esquire Angino & Rovner, P.C, 4503 North Front Street Harrisburg, PA 17110 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, IS attached to this Certificate; (3) No objection to the subpoenas has been received; the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. , DUFFIE, STEWART & WEIDNER Date: :;/;;) d6- Je rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant By: 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the d n G( day of {Via rc h ,2005, addressed as follows: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff , DUFFIE, STEWART WEIDNEF By: Je erson J, Shipman, Esquire Attorney 1.0, No, 51785 301 Market Street P.O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson. Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 lls@jdsw,com Attorneys for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY RUNK and REBECCA RUNK, v. NO, 2004-1308 MARY POOLE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: David L, Lutz, Esquire Angino & Rovner, P.C, 4503 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendant intends to serve four subpoenas identical to the ones that are attached to this notice, You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas, If no objections are made, the subpoenas may be served, ,-.., /. ---- Date: d / d 6/ t.)"J , DUFFIE, STEWART & WEIDNER . By: Je rson J. Shipman, Esquire Att rney 1.0, No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne, Pennsylvania, on the d '6+" day of ~ b rlAu ('~ , 2005, addressed as follows: 1 David L, Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSO , UFFIE, STEWART & EIDNER. By: Jeffe on J. Shipman, Esquire Attorney 1.0, No, 51785 301 Market Street P,O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runk, Plaintiffs vs. File No. 2004-1308 Mary Poole, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsvlvania Spine Institute of The ArlinQton Group (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: anv and all X.rav reports and actual films from 4/7/04 reQardinQ the cervical spine pertaininQ to Larrv Runk SSN: 180.50.0301 DOB: 4/10/62 at Johnson Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 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: TELEPHONE: SUPREME COURT 10 #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street lemovne. PA 17043 717.761-4540 51785 Defendant NAME: ADDRESS: BY THE COURT: Ion c...... LZ G-, 0 ~ P .7JbfiCZJ----- C Deputy DATE ~F.l. .J..Lj .2roS Seal of the CoJrt (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runk, Plaintiffs vs. File No. 2004.1308 Mary Poole, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HarrisburQ Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foliowing documents or things: anv and all X.rav reports and actual films from 5/3/02. 5/6/02 and 5/21/02 reQardinq the cervical spine, thoracic spine. lumbar spine. shoulder and elbow pertaininq to Larrv Runk SSN: 180.50.0301 DOB: 4/10/62 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 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: ADDRESS: Jefferson J. Shipman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR BY THE COURT: DATE ):p,~ :24 ~ Seal of the Court ,,--a~ {? P.7p--9JA j- Deputy (Eft 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runk, Plaintiffs vs. File No. 2004.1308 Mary Poole, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Community ImaQinQ Associates (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: anv and all X.rav reports and actual films from 5/28/02 and 6/5/02 reqardinq the lumbar spine and left shoulder pertainino to Rebecca Runk SSN: 180.64.1396 DOB: 11/30/68 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 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: ADDRESS Jefferson J. Shipman Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR BY THE COURT: <:::. o/? ~ }? 7{!t;ffi2d,r------- Deputy DATE '}p_~. :J.L) ~ Seal of the Couft (Eff 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runk, Plaintiffs vs. File No. 2004.1308 Mary Poole, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Arlinqton Group (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you areordeied by the court to produce the following documents or things: anv and all MRI reports and actual films from 7/30/02 reQardino the left shoulder pertaininQ to Rebecca Runk SSN: 180.64.1396 DOB: 11/30/68 at Johnson. Duffie. Stewart & Weidner 301 Market Street. Lemovne. PA 17043 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 compiy with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: Jefferson J. Shipman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant TELEPHONE SUPREME COURT 10 #: ATTORNEY FOR BY THE COURT <:.. ~/J.-, 0 .~?~.--PA/8'~-- Deputy DATE *~ ~ ,.2~;) /'yO) Seal of the Co rt (Eft 7197) -- - .'\ '- ("1 '\l .-, ;~ '\ 'f'T~}~ ", ; \ C,) t ,) - C) - Johnson. Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043.0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant I i LARRY RUNK and REBECCA RUNK, Plaintiffs INTHECOURTOFCOM ON PLEAS OF CUMBERLAND COUNT PENNSYLVANIA v. NO. 2004-1308 MARY POOLE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 As a prerequisite to service of a subpoena for documents and things p suant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the s poenas attached thereto, was mailed, via Certified Mail, or delivered to each party] at least I twenty days prior to the date on which the subpoenas were sought to be servedl ! ! I (2) A copy of the Notice of Intent including the proposed sub oenas, is attached to this Certificate; , (3) No objection to the subpoenas has been received; the twenty 1 y waiting period was waived; and I (4) The subpoenas to be served are identical to the subpoenas ~ ached to the Notice Of Intent. JOHNS2J::I~' S~~:~~~~ r __, By: )' lONER Jeffer on J. Shipman, Esquire Attor ey 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant . Date: j (-, I Of" ~. I ~ '{ J 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the oregoing document upon all counsel of records by depositing the same in the United St tes Mail, ,.{- first class postage prepaid, at Lemoyne, Pennsylvania, on the j( ~ day of rVl 0....( h , 2005, addressed as follows: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff UFFIE, STEWART & lONER (I . ,.\..--' " ~~.~~ By: Jeffe on J. Shipman, Esquire Attorney 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant , -~_-t.f.A..,MJ I Johnson. Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant Plaintiffs IN THE COURT OF COM ON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LARRY RUNK and REBECCA RUNK, v. NO. 2004-1308 MARY POOLE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDE NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009 1 TO: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendant intends to serve five subpoena identical to the ones that are attached to this notice. You have twenty (20) days from th date listed below in which to file of records and serve upon the undersigned objecti s to the subpoenas. If no objections are made, the subpoenas may be served. Date: 3//"51 o!: , DUFFIE, STEWART & WIDNER By: J erson J. Shipman, Esquire A orney 1.0. No. 5H85 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the document upon all counsel of records by depositing the same in the United St certified postage prepaid, at Lemoyne, Pennsylvania, on the /;:;+/i day of fl.1 c rC' h , 2005, addressed as follows: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff regoing sMail, , DUFFIE, STEWART & WIDNER By: Je rson J. Shipmal;1, Esquire Attorney 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runk, Plaintiffs vs. File No. 2004.1308 Mary Poole, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsvlvania (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court 0 produce the following documents or things: an and all medical records re orts corres ondence dia nos tic test results pertaininq to Larrv Runk SSN: 180.50.0301 DOB: 4/10/62 at Johnson Duffie Stewart & Weidner 301 Market Street Lemo ne PA 17043 You may deliver or mail legible copies of the documents or produce things reque subpoena, together 'With the certificate of compliance, to the party making this request at t listed above. You have the right to seek in advance the reasonable cost of preparing th producing the things sought. If you fail to' produce the documents or things required by this subpoena within twent (20) days after its service, the party serving this subpoena may seek a court order compelling you to co Iy with it. d by this address copies or THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: Jefferson J. Shipman. Esquire 301 Market Street Lemovne. PA 17043 717.761-4540 51785 Defendant TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: BY THE COURT: DATE: /'1 ~/) r 1.. 1I.;) CDS Seal of the Court ' (Elf. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runk, Plaintiffs vs. File No. 2004.1308 Mary Poole, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. David Hartzell You may deliver or mail legible copies of the documents or produce things reques d by this subpoena, together with the certificate of compliance, to the party making this request at t 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 twent (20) days after its service, the party serving this subpoena may seek a court order compelling you to com y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: TELEPHONE: SUPREME COURT 10 #: ATTORNEY FOR Jefferson J. Shipman. Esquire 301 Market Street Lemovne. PA 17043 717.761-4540 51785 Defendant NAME: ADDRESS: DATE (r/;::J/i, i 1/ ;;..o;::C Seal of the Court I (Eft. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runk, Plaintiffs vs. File No. 2004.1308 Mary Poole, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Thomas J. Green (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court produce the following documents or things: an and ail medical records re orts corres ondence dia ostic test results pertainino to Larrv Runk SSN: 180.50.0301 DOB: 4/10/62 at Johnson Duffie Stewart & Weidner 301 Market Street Lemo ne PA 17043 You may deliver or mail legible copies of the documents or produce things reque subpoena, together with the certificate of compliance, to the party making this request at t listed above. You have the right to seek in advance the reasonable cost of preparing th producing the things sought. d by this address copies or If you fail to produce the documents or things required by this subpoena within twent (20) days after its service, the party serving this subpoena may seek a court order compelling you to com Iy with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: Jefferson J. Shipman. Esquire 301 Market Street Lemovne PA 17043 717.761-4540 51785 Defendant TELEPHONE: SUPREME COURT JD #: ATTORNEY FOR: BY THE COURT: Depu DATE ~(l /J C;{L.6S Seal of the Court I (Eft 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runk, Plaintiffs vs. File No. 2004.1308 Mary Poole, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. J. Joseph Danvo (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court produce the following documents or things: an and all medical records re orts corres ondence dia ostic test results pertaininQ to Larry Runk SSN: 180-50.0301 DOB: 4/10/62 at Johnson Duffie Stewart & Weidner 301 Market Street Lemo ne PA 17043 You may deliver or mail legible copies of the documents or produce things reques subpoena, together with the certificate of compliance, to the party making this request at t listed above You have the right to seek in advance the reasonable cost of preparing th producing the things sought. If you fail to produce the documents or things required by this subpoena within twent (20) days after its service, the party serving this subpoena may seek a court order compelling you to com Iy with it. d by this address copies or THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON NAME ADDRESS: Jefferson J. Shipman. ESQuire 301 Market Street Lemovne. PA 17043 717.761-4540 51785 Defendant TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: BY THE COURT: DATE (!?'::J.J? c~ I; J..06S Seal of the Court (Eft. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Larry Runk and Rebecca Runk, Plaintiffs vs. File No. 2004.1308 Mary Poole, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Roaer H. Ostdahl (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court produce the following documents or things: an and all medical records re orts corres ondence dia ostic test results pertaininq to Larrv Runk SSN: 180-50-0301 DOB: 4/10/62 at Johnson Duffie Stewart & Weidner 301 Market Street Lemo ne PA 17043 You may deliver or mail legible copies of the documents or produce things reques subpoena, together with the certificate of compliance, to the party making this request at t listed above You have the right to seek in advance the reasonaole cost of preparing th producing the things sought. d by this address copies or If you fail to produce the documents or things required by this subpoena within twent (20) days after its service, the party serving this subpoena may seek a court order compelHng you to com Iy with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: TELEPHONE: SUPREME COURT 10 #: ATTORNEY FOR Jefferson J. Shipman. Esquire 301 Market Street Lemovne. PA 17043 717.761.4540 51785 Defendant NAME: ADDRESS: BY THE COURT: Depu DATE (lZ;:;.fl cl... I / ~S Seal of the Court I (Eft. 7197) n ....' 0 = ~.- C'") -n en ., =" ~ '."", , ;g cf' "., rn .. "" .'3'" , - ~" ..-, C? (f! N '~zS .< r" ..l::: '""t) ~~ , oJ- ~:~~ C; P' I W ., :"_-.i 0.' :ii o. "< II ANGINO & ROVNER. P.c. David L. Lutz, Esquire Attorney lD#: 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238.6791 FAX (717) 238-5610 Attorneys for Plaintift\s) E-mail: dlutz@angino-rovner.com LARRY RUNK and REBECCA RUNK, Plaintiffs IN THE COURT OF C CUMBERLAND CO MON PLEAS Y,PA V. CIVIL ACTION - LAW NO. 04-1308 CIVIL MARY POOLE, Defendant JURY TRIAL DEMAN ED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above. captioned action settled, satisfied, and disco tinned. ANGINO & ROVNE ,P.c. i 1. Lutz LD. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791-phon (717) 238.5610 - fax dlutz@angino.rovner.c m Attorney for Plaintiffs / ~/~/O~ Date: 274089.1 \DLL\MTG OR\G\NAL . I I I , CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & ovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAEC PE upon all counsel of record via postage prepaid first class United States mail addressed as follo\\ : Jefferson J. Shipman Esquire Johnson, Duffie, Stewart & Johnson 301 Market Street P.O. Box 109 Lemoyne,PA 17043.0109 Attorney for Defendant , , (..., "Gi(J \ .~, J..~V~ /' Dated: J - \.i / C\ N{v \,1 Maty T. ctreraets 274089. I IDLLIMTG q fo' -;:1\.:':;::: ~~.':; '.":-; -/L (7;}..: r~ ::'::c; ':~>, 5>{:~ :~j -, ....., = = <:.r' "'" -c :;;v I Ul o -n "'" :A: ::r:...,.., [11- ""0 ::PI 13Q -" '-, W _...J ~::t.(") 60> -..., "I> <'J :<