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Home My WebLink About01-4742 IN THE COURT OF COMMON PLEAS :mwplMIN COUNTY, PENNSYLVANIA CUMBERLAND No. cJ/- .v7~.;:! Civil Action - (x ) ( ) ~J Law Equity GERALD T. PHILLIPS and PORTIA PHILLIPS, HIS WIFE Plaintiffs 113 Deerfield Road Camp Hill, PA 17011-8433. FREDERICK W. ADAMS 960 VALLEY ROAD Marysville, PA 17053 versus Plaintiff(s) & Address( es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. 1 Writ of Summons shall be issued and forwarded to ( Anthony stefanon, Esquire P . O. Box l:l U:l I 407 Nnrrh Frnnr ~rr~~r Harrisburq, PA 17108-2027 (717l?<? nt;11 Name I Address I Telephone No. of Attorney Supreme Court ID No. 25497 Date: f? - 9 -01 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS I HAVE COMMENCED AN ACTION AGAINST YOU. Date: 7 /?I, d26Jc;l/ IS( ~- ~X~ Prothonotary by ';4ACi K. X/~ W. Deputy ( ) Check here if reverse is issued for additional information. Prothon. - 55 en ?;; ~ l., ~ ..;j 5.0: ...::..- 0' ';:S :i? \;-~, , IV) ~ ~-1?1 \ ~ IV) ..s:.. '<i'n ~ \, c:> "'l2- - 'i::Z ~ .::::: "-J..JuJ S? 'J-=!(1_ ~ I\: \ --,' --~ ""- =:> \"1 ~ -- 0 "::? ~ ~ GERALD T. PHILLIPS and PORTIA PHILLIPS, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs v. NO. 01-4742 Civil FREDERICK W. ADAMS, Defendant JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE 1. The undersigned, is Frederick W. Adams, Jr., son of the Defendant named in this case Frederick W. Adams. 2. Thc undersigned, Frederick W. Adams, Jr., holds general power of attorney on bchalf of thc Defendant Frederick W. Adams. 3. Under the aforesaid general power of attorney, Frederick W. Adams, Jr., has the authority to accept service of the Writ of Summons issued in the above captioned matter on behalf of Frederick W. Adams. 4 Th" undersigned Frederick W. Adams, Jr., does herehy accept service of the Writ of Summons issued in the above captioned matter. "7 /' DATE: ,,7/,;> / rJ . :. .r..! I '- b-- ,- LO (r~ ;>- ;~: ::J",---r" <-?;:~ ,- ~"~ :j '~ \52 -1"7 li[e; :~.~ CL ::3 o ') I (L Cd C/J c.=:,. Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 (717) 299-18 II fax Attorney I.D. No: 55919 Attorney for Defendant GERALD T. PHILLIPS and, PORTIA PHILLIPS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. NO. 01-4742 CIVIL FREDERICK W. ADAMS, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter my appearance on behalf of Defendant Frederick W. Adams in reference to the above matter. Respectfully Submitted: Joseph . Muzic, Jr., Esquire Attorney for Defendant Frederick W. Adams DATE: 9-J-I-O/ (") Cl () C '.11 ?:. U> __.l '1Jo:' rr1 rrJ fT 1 -U ; ~. Z:T! N ~--:~.\'8 t;~; C'> \.":> "<:.'. r:::CJ :t--"'" "'~2-1 :0- "'>0 ::::.:: ~--"~ C) Zo I.f? 61'\1 5c:: Z .::> :j;! ~ (-.) ~ Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Queen Street Lancaster, PA 17603 (71 7) 299-3726 (717) 299-18Il fax Attorney I.D. No: 55919 Attorney for Defendant GERALD T. PHILLIPS and PORTIA PHILLIPS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA Plaintiff vs. NO. 014742 CIVIL FREDERICK W. ADAMS, Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a rule to File a Complaint upon the Plaintiff in the above-captioned matter within twenty (20) days of the Rule or suffer a Judgment of Non Pros. NIKOLAUS & HOHENADEL Date: ~ By: RULE AND NOW, this _HSky ofO:Aober ,2001, a Rule has been entered upon the Plaintiff as above directed. I:i~ gci~ Prothonotary e 0 0 " ~! 0 :r' '" n -I Cl"lp '~"jn"l N i1'::;' 06 ~0 "'0 ;:;J-ri ~ <.. -; :r; 0- ;i>8 ;Z~ 'i' 0 ~ 0 ~ en -< Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Queen Street Lancaster, P A 17603 (71 7) 299-3726 (71 7) 299-18 II fax Attorney lD. No: 55919 Attorney for Defendant GERALD T. PHILLIPS and PORTIA PHILLIPS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Ys. NO. 01-4742 CIVIL FREDERICK W. ADAMS, Defendant CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the Praecipe for Rule to File Complaint, together with Rule dated October 12,2001, upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Anthony Stefanon, Esquire P.O. Box 12027 407 North Front Street Harrisburg, PA 17108-2027 Date: ~ NIKO~HENADEL' ll.P By: Joseph . Muzic, Esquire Attorney for Defendant 212 North Queen Street Lancaster, P A 17603 (717) 299-3726 Attorney ill No.: 55919 e c::> 0 .,., :<:: 0 ~o.i ("') "Tl m ...... r= :;Ll ~8,? ~s;: CO 25 (.-2(.) -0 ":1---" I~ ::l: f:j:!J ..,.0 z:- orn - ~ '-< ~, ,....., 1 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PHILLIPS Vs. NO. 014742 ADAMS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOSEPH G MUZIC, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena{s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena{s) is attached to this certificate, 3. No objection to the subpoena{s) has been received, and 4. The subpoena{s) which will be served is identical to the subpoena{s) which is attached to the Notice of Intent to Serve the Subpoena{s). OS/22/02 JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 717-299-3729 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 File #: M286485 By: Jacqueline Ciarrocchi IN THE COURT OF COMMON PLEAS OF CUMB~RLAND COUNTY PHILLIPS Vs. ADAMS No. 014742 TO: ANTHONY STEFANON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TmNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 05/01/02 JOSEPH G MaZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 ATTORNEY FOR. DEFENDANT ZHQUZRZES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODPCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi Enc (s) .: Copy of subpoena (s) Counsel return card File #: 11286485 <:nM)NWEl\I:rH OF pmNSyLVANIA cnJNl'Y OF aJMBEmAND PHILLIPS Va. Fi le No. 014742 ADAMS SUBPOENA TO PROClIX:E OClCt.M;NTS OR lH I NC3S FOR D I SOOVERY ~SUANT TO RULE 4009.22 DR WALTER PEPPELMAN, 805 SIR THOMAS CT, HARRISBURG PAl7109 TO: (Ncrne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the c rt to produce the following docunent~ ~E~irxTrACHED ADDENDUM at MBD:ICAL LBGAL RBPRODUCT:IOHS, (15f!sH40 D:ISSTOH ST., PBJ:LA., PA You may deliver or mail legible copies of the docunents or produce things reque teci b, this subpoena, together-with the certificate of CCJll)1iance, to the party maki 9 thi~ request at the address listed above. You have the right to seek in advance the rea .onablE cost of preparing thecqpies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within (20) days after its serv~ce, the party serving thi!; subpoena may seek a cour cx:rrpel1ing you to carply with it. lH I S SUBPOENA WAS I SSUED AT THE REa.eST OF ll-E FOLLCNlI NG PERSON: NAl'E: JOSEPH G MaZIC, ESQ ADDRESS : ?1? N QJ'lF.F.N ST TELEPHONE: SlPREf'oE ~T .1 D # ATTORNEY FOR: ~CA8TER, PA i7603 215-335-3212 DEFENDANT 05/0'1,/02 BY THE ~T: ~.. I! 1:. · ~. prothonot:1,;/dlerk, Civi 1 Or- (}.~.~ I I I DiV~. M286485-01 DATE: Sea 1 of the Court Deputy : . (Eff. 17/97) 1 ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: DR WALTER PEPPELMAN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: . NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTD'lliD PHOTOCOPIES WILL BE ACCEPrED IN LIEU OF YOUR PERSONAL APPE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. - [ ] NO DOCUMENTS A VAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Author~zed s~gnature for DR WALTER PEPPELMAN CUMBERLAND M286485-01 * * * SIGN AND RETURN THIS PAGE * * * CCHDMEM:m OF PENNSYLVANIA <XXJNl'Y OF aJMBEmAND PHILLIPS VS. Fi le No. 014742 ADAMS ORIGINAL X-RAYS RBQUESTED TO: SUBPOENA TO PROClIX:E DOC:U1ENTS OR lH 1 NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009.22 DR ALBERT SKOCIK, 5500 ALLENTOWNRD, HARRISBURG PA 17112 . (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, " " produce the following docunentl'l ~-tb.inSl$L. ~EE A".-....... ."1',11 ~ you are ordered by the coo t to , - ----- at KBDlCAL LBGAL RBPRODUCTIONS'(1~~s~f40 DISSTOH ST., PBlLA., PA You may deliver or mail legible copies of the docunents or produce things reques eci b, this subpoena, together with the certificate of ccrJ'1)liance, to the party niakin thi~ request at the address listed above. You have the right to seek in advance the rea,,( nab IE cost of preqaring the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within w.enty (20) days after its service, the party serving thi!'l subpoena may seek a court orde.' o:rrpe 11 i09 you to carp ly with it. TH I S SUBPOENA WAS NAr'E : ADDRESS : ISSUED AT lHE REQUEST OF lHE FOLLONING PERSON: JOSEPH G MaZIC, ESQ ? 1? TIT QTTF.F.TIT S T TELF.PHONE: SU'REl'E CXXJRT 10 # ATTORNEY FOR: LANCASTER, PA 17603 215-335-3212 " DEFENDANT 05/01/02 BY THE CXXJRT: f~oL4:Jyt;l:"k' Civ; 1 q,L<- 0. ')h~"-;J._ 01v;s;onl M286485-02 DATE: Sea 1 of the Court Deputy (Eff. r97) ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: DR ALBERT SKOCIK ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 ORIGINAL X-RAYS REQUESTED CERTllUW PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPE RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. - ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS } PATIENT BILLING } RECORDS / XRAYS have been destroyed Date Author~zed signature for DR ALBERT SKOCIK CUMBERLAND M286485-02 *** SIGN AND RETURN THIS PAGE *** <XHDNWE7\LTH OF PENNSYLVANIA CXXJNl'Y OF cnmEmAND PHILLIPS Va. Fi le No. 014742 ADAMS ORIGINAL X-RAYS RBQUBST~ SUBPOENA TO PR<XXX:E DOClJoENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 POLYCLINIC, 2601 N THIRD ST, HARRISBURG PA 17110 TO: ATTN: MEDICAL RECORDS DEPT (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the cou t to produce the following docunent!'l OSEi;inl'l'IACHED ADDENDUM MBDICAL LBGAL RBPRODUCTIONS'(A~e'ss1940 DISSTON ST., PHILA., n- at You. may deliver or mail legible copies of the docunents or produce things reques ed h, this subpOena, together with the certificate of caJ1)liance, to the party makin thi~ request at the address 1 i steci above. You have the right to seek in advance the rea,; nab I E cost of preparing the eopies or producing the things sought. If you fai 1 to produce the docunents or things required by this subpoena within t (20) days after its serv~ce, the party serving thi!l ~.ubpoena may seek a COUrt c:arpe 11 iog you to carp ly with it. THIS SUBPOENA WAS ISSUED AT 1liE REQlEST OF THE Fa...LCWING PERSON: ~: JOSEPH G MUZIC, ESQ ADORESS: ?1? 'Ill QTJF.RN ST TELEPH:lNE: SlPReE ~T 10 # ATTORNEY FOR: I3d:fCA8TBR, FA 17603 215-335-3.212 DEFENDANT 05/01./02 BY TliE ~T: ~R.t . . prothonotar?C~, Cf.,. I 12 nu 117.:' Civil Division M286485'-03 DATE: Sea 1 of the Court Deputy . (Eff. 7197) I , ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: POLYCLINIC Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 ORIGINAL X-RAYS REQUESTED *ALL MRI FILMS AND CT SCANS ALL FEES MUST BE APPROVED PRIORTO RECORDS BEING FORWARDED. RECORD CUSTODIAN . COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS A VAILABLE: I hereby certify that. a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed Date Author1zed s1gnature for POLYCLINIC CUMBERLAND M286485-03 *** SIGN AND RETURN THIS PAGE *** C()fM)NNEALTH OF PmNSYLVANIA CXXJNrY OF aJMBEm.AND PHILLIPS VS. Fi 1e No. 014742 ADAMS ORIGINAL X-RAYS REQUESTEDI SUBPOENA TO PRODUCE ooc:u-ENTS OR lH I NGS FOR D I SOOVERY PURSUANT TO RULE 4009.22 COMMGEN OSTEO HOSP, 4300 LQNDONDERRYRD, HARRISBURG PA 17109 TO: ATTN: MEDICAL RECORDS DEPT (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the cou t to produce the following docunent~ ~Eii'X . at MEDICAL LEGAL RBPRODUCTIOHS'(I~~es~f40 DISSTOH ST., PHILA., PA You may deliver or mai 1 legible copies of the docunents or produce things reques ad bl this subpoena, together with the certificate of carp liance , to the party makin thi~ request at the address 1 isted above. You have the right to seek in advance the rea~ IE cost of preqaring the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within l",enty (20) days after its serv~ce, the party serving thb subpoena may seek a court ordei' c:crrpelling you to c:arp1y with it. lHlS SUBPOENA WAS ISSUED AT lHE REQUEST OF lHE FOLLCWING PERSON: I ~: JOSEPH G MUZIC, ESQ I ADDRESS : '2'" T\T QTTF.F.T\T ST I LANCA8TE~, PA 17603 21S-33S-3212 TELF.pt.K)NE: SU'R8'E cx:un I D # ATTORNEY FOR: OS/tJ1/02 BY Tl-E CXlt..RT: ~~ R. ~ ~. Prothonotary . JJk, Civi 1 C)-yt-'-- 0 ')J11;~;.U I I I I I ..~.. D1V1S1on : DEFENDANT M28648S-04 DATE: Sea 1 of the Court Deputy I . (Eff. t/97) ADDENDUM TO SUBPOENA PHILLIPS Vs. ADAMS No. 014742 CUSTODIAN OF RECORDS FOR: COMM GEN OSTEO HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 ORIGINAL X-RAYS REQUESTED *ALL MRI FILMS AND CT SCANS ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS A VAlLABLE: I hereby ceI;"tify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ) RECORDS ) X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author1zed s1gnature for COMM GEN OSTEO HOSP CUMBERLAND M286485-04 *** SIGN AND RETURN THIS PAGE *** cnM:lNNEALTH OF PENNSYLVANIA COON'lY OF CUMBERIAND PHILLIPS Vs. Fi le No. 014742 ADAMS ORZGZNAL X-RAYS RBQUBST~ SUBPOENA TO PROOUCE ooa..tENTS OR TH I NGS FOR 0 I SOOVERY PURSUANT TO RUlE 4009.22 HERSHEY MED CTR, 500 UNIVERSITY DR, HERSHEY PA 17033 TO: MEDICAL RECORDS DEPT (Ncrne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the produce the following docunentl'; ~Elinf . rt to IIBDZCAL LBGAL RBPRODUCTZONS'(A~~~ss~940 DZSSTON ST., PBJ:LA., +..-- at PA You may deliver or mail legible copies of the docunents or produce things reques ed b, this subpoena, together. with the certificate of caT'Pliance, to the party makin . thi~ request at the address listed above. You have the right to seek in advance the rea" able cost of pre!Jaring the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within w.enty (20) days after its serv~ce, the party serving thb !.ubpoena may seek a court orde.' carpelling you to carply with it. lH I S SUBPOENA WAS NAr'E : ADDRESS : ISSUED AT THE REQUEST OF THE FOl.LOYING PERSON: JOSEPH G MUZIC, ESQ ? 1 '} N QtJF.EN ST TELEPI-<<:lNE : 5'J>REl'E ~T 10 # ATTORNEY FOR: ~CASTBR, rA 17603 215-335-3212 DEFENDANT oslD 7102 BY Tl-E COURT: (l,^~4 It ~. ~' Prothonotary lef-k, Civi 1 C) ';h 0- '>h.dl:. - I .~- 01V1Slon ! M28648s-0s DATE: Sea 1 of the Court Deputy I (Eff. f97) I I ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: HERSHEY MED CTR Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 ORIGINAL X-RAYS REQUESTED *ALL MR.I FILMS AND CT SCANS ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS PATIENT BILLING RECORDS / XRAYS have been destroyed X-RAYS Date Author~zed s~gnature for HERSHEY MED CTR CUMBERLAND M28648S-0S *** SIGN AND RETURN THIS PAGE *** CCMOME7\LTH OF PENNSYLVANIA <DUNI.Y OF aJMBEmAND PHILLIPS VS. Fi le No. 014742 ADAMS ORZGZNAL X-RAYS RBQUBSTZP SUBPOENA TO PROOUCE DOCl.tENTS OR lH I NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILLPA 17011 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after serv;ce of this subpoena, you are ordered by the produce the following docunent~ osEYtn rt to at IIBDZCAL LBGAL RBPRODUCTZONS'(A~~ss~940 DZSSTON ST., PB~LA., l'A You may deHver or mail legible copies of the doctrnents or produce things reque tee! t:, this subpoena, together with the certificate of carpliance, to the party maki 9 thh request at the address 1 isted above. You have the right to seek in advance the rea enable cost of pr89aring the copies or producing the things sought. If you fail to produce the docunents or things requked by this subpoena within twenty (20) days after its serv~ce, the party serving thi!'; ~;ubpoena may seek a caul' orde.' CClTpelling you to carply with it. TH I S SUBPOENA WAS tWE: AOORESS: ISSUED AT THE REQUEST OF THE FOLLONING PERSON: JOSEPH G MUZIC, ESQ TELEPKlNE: SlPREl'E ~T ID # ATTORNEY FOR: 212 N OUEEN ST LANCid3'l'BR,PA 17603 215-335-32~2 DEFENDANT 05/01/02 BY THE ~T: ~t~!?C'~k' Civil ~ (2 7k.U:.." .~ DW1Slon M286485-06 DATE: Sea 1 of the Court Deputy . (Eff. ~/97) I ADDENDUM TO SUBPOENA PHILLIPS Vs. ADAMS No. 014742 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 *ALL MRI FILMS AND CT SCANS ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN ( ] RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ( ] NO DOCUMENTS A VA/LARLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Author~zed s~gnature for HOLY SPIRIT HOSP CUMBERLAND M28648S-06 * * * SIGN AND RETURN THIS PAGE * * * <XHfJNWEALTH OF PmNSYLVANIA OOUNTY OF aJMBEmAND PHILLIPS Vs. ADAMS Fi le No. 014742 ORIGINAL X-RAYS REQUESTKP SUBPOENA TO PBQDtX:E QQg,.tENTS 00 TH I NGS FOO 0 I SOOVERY PURSUANT TO RULE 4009. 22 HARRISBURG HOSP, IllN FRONT ST, HARRISBURG PA 17101 TO: ATTN: MEDICAL RECORDS DEPT (Nane of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the coo t to produce the following docunentl'i os~n]t'iTAC.HEf:) AD at KBDICAL LEGAL REPRODUCTIONStA~~ss1940 DISSTON ST., PIU.I.oA., n--- __ You may deliver or mail legible copies of the docunents or produce things request d hi this subpoena, together with the certificate of carpliance, to the party making thiE request at the address listed above. You have the right to seek in advance the rea~ ab IE cost of preparing the COPies or producing the things sought. I f you fai' to produce the docunents or things required by this subpoena within tenty (20) days after its serv~ce, the party serving thi!'; !.\Jbpoena may seek a COUrt de;' oarpelling you to carply with it. THIS SUBPOENA WAS NAI'E : ADORESS: ISSUED AT THE REQUEST OF THE FOLlCWING PERSON: JOSEPH G MUZIC, ESQ -- TELEPI-ONE: SlJ:lR&E ~T 10 # ATTORNEY FOO: 212 N OUEEN ST LAN~TER,P^ 17603 215-335-3212 DEFENDANT M28648S-07 OS/d7'/02 BY Tt-E ~T: dH~~o~t;1YIJ51~k, C).y. () "hllll.' j Civi 1 Division DATE: Sea 1 of the Ootrt Deputy I . (Eff. 7/9~) ADDENDUM TO SUBPOENA PHILLIPS Vs. ADAMS No. 014742 CUSTODIAN OF RECORDS FOR: HARRISBURG HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 ORIGINAL X-RAYS REQUESTED *ALL MRI FILMS AND CT SCANS ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS A V AILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Author1zed s1gnature for HARRISBURG HOSP CUMBERLAND M286485-07 *** SIGN AND RETURN THIS PAGE *** >- Ln a: '" ~; .. W~:J co C) C CC '.1.- j..-- t:;.) , ("<-) (~ I LL LL , :r... f-- _. LL 0,1 ~3 C' (=.J U . IN THE COURT OF COMMON PLEAS OF Cl.JMBERLAND COUNTY PHILLIPS Vs. NO. 014742 ADAMS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUAl'll TO RULE 4009.22 ~.8 C!. .l?rerE::qui6.ite te;; ;:;e:rvice O.l.. a .:>ubpoena{o; tOl. ,1ocumenLs and things pursuant to RulE:: 4009.22 JOSEPH G MUZIC, ESQUIRE certifies that: 1. A NoL.i..::c 0f fIij:ent te, '::;(-;nr~ the 8ilb~,:",:mu (s) with a copy of che subpoenal!"!) actar;hed chl?retf) W~>-l mailed or: delivered to each party at least twenty days pri'Jr to the date-on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 02/27j03 ;/1 l JOSEPH G r.;G'ZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 717-299-3726 ATTORNEY FOR DEFE~~AliT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHI~ PA 19135 (215) 335-4907 Fi:!.e #: M295891 By: Jacqueline Ciarrocchi ~ ;.,. 1 . f:' ;." ... ."'-1 IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PHILLIPS Vs. ADAMS No. 014742 TO: ANTHONY STEFANON NOTICE O~" INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSuANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena{s) identical to the one{s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 02/06/03 JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 ATTO~~EY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS.. INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi Enc{s): Copy of subpoena(s) Counsel return card File #: M295891 .....:.. '. CXJMr.DNWFALTH OF PENNSYLVANIA COONrY OF cuMBEmANo PHILLIPS VS. Fi le No. 014742 ADAMS SUBPOENA TO P~. cx:x::l..tENTS OR TH I NGS FOR D I SCX>VERY P~SUANT TO RULE 4009. 22 TO; C:C~'VLEY ASSOCS .-.---.----- (Nane of Person or Ent ity) ~._----_...._--_._--..._..-,--- Within twenty (20) days after service of this subpoena, you are ordered by the court to - - ~, .~ . . - produce the following docunerit!=;Or things: __.__._______. A A SEE ATTACffED ADDENDUM'''' * at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) You may deliver or mail legible copies of the doctrnents or produce things requesteci b') this subpoena, together with the certificate of caJl)liance, to the party making thi~ request at the address listed above. You have the right to seek in advance the rea"onabl~ cost of preparing the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within t"':lenty (20) days after its serv~ce, the party serving thin !.ubpoena may seek a court orde.- c;arpe 11 ing you to CQ'1l) ly with it. lH I S SUBPOENA WAS 1 SSUEO AT THE REQLEST OF THE FOlLON 1 NO PERSON: NAt-E: ~OSEPII MUZIC, ESQ ,~CC~ESS : 212 ~J QUEEN S'I' LANCASTER PA 17603 (215) 335-3212 TELF.PH:)NE: SUPREl-E ~T ATTORNEY FOR: 10 # - DEFENDANT 02/131/03 BY THE OOJRT: . (I,"'~',:'oLt";k i J;; Civ; 1 (, ((2.:n. "fl. '" ~.~ - ./~ , I Division DATE: Sea 1 of the Court Deputy (Eff. 1/97) .,.... ,..,.... ". .. ~-\., '-....." ~ " ~ 1', ".... ~ ",.. ..... ... '; :"'r" ,- .- ..~ - --..- ----- . ,'. ..:..... )'.:~: . - , ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS ,:;TJATODIAN OF RECORDS FOR: COWLEY ASSOCS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, H1STORY NOTES, INDEX (~S AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN:. 17226.9647 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - .' - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that., 1:0 t:he best of my knowledge, informatiop:_ and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby r...:eJ:.Lify Lhat a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS PATIENT BILLING X-RAYS RECORDS / XRA.YB have been destroyed Date Authorized signature fer COWLEY ASSOCS c..."'UMBERLAND M295891-01 *** SIGN AND RETURN THIS PAGE *** .OJ" ,-CO:." . ..... -. ~TH OF PmNSYLVANIA cx:u..--rY OF aJMBEmAND PHILLIPS VS. Fi le No. 014742 ADAMS SUBPOENA TO PROQl.CE. ocx:::LtENTS OR TH I NGS FOR 0 I SCX>VERY PURSUANT TO RULE 4009. 22 TO; OPEN :MR.I (Name of Person or Entity) Within twenty (20) days after s~rvice of this subpoena, you are ordered by the court to produce the fo 11 ow i ng docunent:o; or lh i ngs : -- A SEE '.l\TTACMEIJ ADDENDill.I'" at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) You may del iver or mai 1 legible copies of the docunents or produce things requested ~:, this subpoena, together with the certificate of carp Hance , to the party making thL request at the address listed above. You have the right to seek in advance the rea,>onablE cost of preparing the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within tw.enty (20) days after its serv~ce, the party serving 'l:.hl:)~.ubpoena may seek a court orde,- c.;arpe 11 ing you to carp ly with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF ll-E FOLLON I NG PERSON: ~: JOSEPH MUZIC, ESQ ADORESS:.__-73-h'<-N_ QUBBN ST LANCASTER PA 17603 (215) 335-3212 TELF.PHONE: StA'REl'E <XlURT ATTORNEY FOR: I D #__.. .._~____. ...___ <_ DEFENDANT DATE: BY THE CXXJRT: C~t<A K. t:?i t1. ~ Prothonotary C k, l~ I ,," ... \.. jtl-ij't ( (j ~ -~-- Civil Division 02/0 /03 Sea 1 of the Court Deputy (Eff. 1/97) . ;.... . l. . ~ ,.. , .~ -, ..'......... .. i ,~. ! ;...,.'.'. t ...;; . ........ - I." '.< , . . ~d..'l- ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: OPEN MRI ANY AND ALL X-RAY FILMS, INCLUDING MRI FILJViS. PERil.'AININU '1'0: NAME: GERALD T PHILLIPS ADO~ESS: 113 DEERFIELD RD CAMP HILL PA DATE ~F BIRTH: 07/06/36 SSAN: 172269647 OIGCINAL X" RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - .. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN r l ] RECO--.WS A.RE AITACHED HERETO: I hereby certify ao custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search. has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) ; RECORDS 1 X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Authorized signature for OPEN MRI Date CUMBERT ,AND M295891-02 *** SIGN AND RETURN TH!S PAGE It*#t ..' , . .,.t t+- . "~.-:-'\ ;~ ~TH OF PENNSYLVANIA COONTY OF aJMBF..mAND PHILLIPS \IS. Fi 1~ No. 014742 ADAMS SUBPOENA TO PROOl..CE txXl..tENTS OR TH J NGS FOR DISCOVERY PURSUANT TO 8ULE 4009.22 ~r() ~. .,..--_.,___...: ___.:--.. ,;i;_ SUSQUEHANNA VAL SURGERY (Ncme of Person 0;:' Entity)'" .-.....,..~_."-":'-......._- -.-.,.--,--..-.- _. .......; .. ......... .'--._. ---. - -..--.- Within twenty (20) days after service of this subpoena, you are ordered by the court to pr<oduce the Following ~t~ or' t.t'l1ngs. ______..____. \ ) SEE-ltl"ft'1.eHED ..kBBEN.:::J-U:l+........-. n. ....-. -.-.. -'--'''_. at - , MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) You may deliver or mail legible copies of the doctrnents or produce things requested ':-:, this subpoena, together with the certificate of carpliance, to the party making thi~ 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. I f you fai 1 to produce the doctrnents or things required by this subpoena within tlolenty (20) days after its serv~ce, the party serving thir; ~.ubpoena may seek a court orde,- carpe 111 ng you to call> 1 y with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST a= THE FOLLON' NG PERSON: NAI"E: ,JOSEPH MUZIC, ESQ ---~._-_._- ADDRESS: *',........~,~", TELF.PH:>NE: 212 N QUEEN ST ~~~CASTER FA 17603 (215) 335-3212 stPReE <nJRT I D # ATTORNEY FOR: - DEFENDANT 02//3/03 BY lHE ~T: tl*;;t~~'fCj~ ~IV; 1 Dlv;s;on "j - ___ c.-d~-If.-<-- (2 '7nd.i!.L"-/ / Deputy DATE: Sea 1 of the Court (Eff. 1/97) >'{ ""';' .' ....I'.~ ' ~' !,'.. " ~ ~ '-. ~ /,,~ I r, '.,',')".. . . ADDENDUM TO SUBPOENA , .;(1.., PHILLIPS Vs. No. 014742 ADAMS CUSTOD1A1\1 01" RECORDS FOR: SUSQUEHANNA VAL SlJRGERY .ANY AND ALL OFFICE RECORDS, INCLUDING NOTES; CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, I~IDEX (~S AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT ~ENDERED TO: NAME~ GERALD'T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HU.L P1~ DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ RECORD CUSTODIAN - COMPLETE AND RETURN . [ ) RECORDS ARE ATTACHED HERETO: I 1-:f)rcb'y certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above L.3nticned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOAI : RECORDS X-RAYS PATIENT BII.I,ING RECORDS I XRAYS have been destroyed Date Authorizeasignature for SUSQUEHANNA VAL SURGERY CUMBERLAND M295891-03 *** SIGN AND RETURN THIS PAGE *** ....'\: ."... - cnM:>NWE'ALTH OF PENNSYLVANIA a:x.JNrY OF <Dm'f.1UAND PHILLIPS VS. File No. 014742 ADAMS SUBPOENA TO PROQl.O:: DOa.JwENTS oR TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009. 22 ri.., . ...t....., DR ALBERT SKOCIK , . .,-....--...-.._<-;.._.~.~_..... ~. .,~--_.._- . -.c'(Nane-"o"f Person' Of. '-Eht"ity) '~'-_._~_'F_.._~___.___ Within twenty (20) days after service of this subpoena, you are ordered by th~ court to produce the following oocunentr. or things: ___ __"_______ -----~l'd}AeHEf)-A:BBFtJffir:,.f.L}'--..... ... .-.---..- ---------_____~__. _________. .. at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) You may del iver or mai 1 legible copies of the doctrnents or produce things requested t':, th is subpoena, together with the cert; fica te of carp 1 i ance, to the party mak i ng th i ~ request at the address 1 isted above. You have the right to seek in advance the rea,>onab Ie cost of pre9aring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce, the party serving th'jr; !.ubpoena may seek a court orde;' carpe 11 ing you to CQ1l) ly with it. 1H I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOl.lOVI NG PERSON: ~: JOSEPH MUZIC, ESQ ADORESS: 212 .N QUE:S:N ~T LANCASTER PA 17603 (215) 335-3212 TELF:PHONE: Sl,FRB"E mJRT ATTORNEY FOR: 10 # DEFENDANT' 02//JI/03 BY n..e COJRT: ("n,,, /C -\.7e1~ /Prothonotary r ei"k, Ci v; 1 D i v; s ; on \ /1 '1~ ." "/; '- It "", (i' /Yt~~ I I Deputy DATE: Sea 1 of the Court (Eff. 1/97) ~- ~-, ,~~~_'n ,_ \ .,(' _.-~ ADDENDUM TO SUBPOENA ,j-loi~.,~. PHILLIPS Vs. ADAMS No. 014742 CUSTODIAN OF RECORDS FOR: DR A:LBERT SKOCIK ANY AND ALL X-RAY FILMS, INCLUDING MRI FILMS. PI;R:.i'AIN'ING 'TO: - . DA"tE NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIEI,D RD CAMP HIJ:'L PA OF BIRTH: 07/06/36 SSAN: 172269647 UFJ.'.:;INAIJ X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I he-ccDY cert:ify as cust.:odian of records that, t.o the best of my knowledge, information and belief all documents or Lhings above mentioned have been produceo. ] NO DOCUMENTSA-. VAlLABLE: I he:reby certify that a thorough. search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ) RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for DR ALBERT SKOCIK rUMBERT,AND M295891-04 *** SIGN AND RETURN THIS PAGE *** (') ~ -oi7'" [l'lh- Z,~J Zt- 0,~~ r'~ 1-- K'-~ ~';.- )>(: ;;.:- =< >,] (~> ..v : ~!; dM ~ -< ':;' ::::> (Xl GERALD T. PHILLIPS and PORTIA PHILLIPS, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-4742 vs. : CIVIL ACTION - LAW FREDERICK W. ADAMS, Defendant : WRY TRIAL DEMANDED COMPLAINT 1. Plaintiffs are Gerald T. Phillips and Portia Phillips, adult individuals, husband and wife, who reside at 113 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Frederick W. Adams, an adult individual who resides at 960 Valley Road, Marysville, Pennsylvania. 3. This action arises from a motor vehicle collision which took place on September 10, 1999 at the intersection of Creekview Road and OITS Bridge Road in Hampden Township, Cumberland County, Pennsylvania. 4. At the time and place aforesaid, Plaintiff Gerald T. Phillips was operating a certain 1999 Ford F-150 XLT pickup truck, traveling in a southbound direction on OITS Bridge Road. 5. At the time and place aforesaid, Defendant Frederick W. Adams was operating a certain 1999 Chevrolet Venture motor vehicle traveling in an eastbowld direction on Creek View Road approaching the intersection of Creekview Road with Orrs Bridge Road. 1 6. The intersection was controlled by a stop sign facing the direction oftravel of Defendant Frederick W. Adams, which required Mr. Adams to stop before entering the intersection. 7. Defendant Adams failed to stop for the stop sign, and drove through the stop sign and crashed directly into the side of the motor vehicle operated by Plaintiff Gerald T. Phillips. 8. The force of the collision was sufficiently great to push the Phillips vehicle out of its lane of travel, across the northbound lane of travel and through a lawn, bushes, and shrubbery located on the east side of Orrs Bridge Road. 9. The force of the collision was so great as to hurl Plaintiff Gerald T. Phillips about the interior of the pickup truck that he was operating, inflicting grievous bodily harm to his person. 10. Defendant Adams was negligent in failing to observ~: the stop sign; and failing to stop at the stop sign; in failing to yield the right of way to Plaintiff Phillips and in failing to keep his vehicle under adequate and proper control. 11. Defendant Adams was negligent per se in violating Section 3323(b) ofthe vehicle code. 12. As the result ofthis collision, Mr. Phillips suffered injuries to his neck and back for which injuries he has undergone an extended course of medical care and treatment. 13. Mr. Phillips has incurred past medical expenses for the care and treatment of his injuries in an amount in excess of$20,030.81, which medical expenses will continue to accrue in the future. 14. Mr. Phillips has suffered past loss of earnings and future loss of earning capacity. 15. Mr. Phillips has endured pain, suffering, aggravation, inconvenience, and the loss of life ' s pleasures, and will continue to endure these damages for the remainder of his natural life. 2 16. As the result of the injuries that he suffered, and the medical treatments which he has undergone, Mr. Phillips has been prevented from attending to the normal activities of his daily life; has been required to wear orthopaedic devices; has been required to ingest medications which affect his ability to conduct his normal daily activities; and has been otherwise impaired in the ability to perform his normal daily activities. 17. The injuries suffered by Mr. Phillips are permanent. 18. As the result of the injuries suffered by her husband, Portia Phillips has lost the services, society, and comfort of her spouse and claims loss of consortium therefore. 19. The injuries and damages suffered by Plaintiffs were caused by the negligent acts and omissions of Defendant. WHEREFORE, Plaintiffs Gerald T. Phillips and Portia Phillips demand judgment against Defendant Frederick W. Adams for past and future medical expenses, past loss of earnings, future loss of earning capacity, special damages and general damages in an amount in excess of$25,000, which amount exceeds the limit for compulsory arbitration under the local rules of the Court of Common Pleas of Cumberland County. By: ) SUBMITTED, .X ~ -(~ -{}~ DATE: 3 CERTIFICATE OF SERVItCE The undersigned hereby certifies that, on the date bf:low he served a true copy of the COMPLAINT, on the person listed below, at the address set forth, by First Class United States Mail: Joseph G. Muzic, Jr., ESQUIRE NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 By: ANTHONY ~ I.D.#25497j' 407 North~ P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 DATE: ,-( e-(/~ VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing COMPLAINT are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa CSA Section 4904 relating to unsworn falsification to authorities. / .~~ Portia Phillips ~ ... Date: ~J '; k7 I / VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing COMPLAINT are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa CSA Section 4904 relating to unsworn falsification to authorities. '~ ~ . ~ Gerald T. P Ijlips - Date: 3/7~3 , o c ;~...... ~\_.: Z;,' (r~"'-- c-:~- :i.~ ;;:= ;y- -,.. .:J \:..) !'..1 ....'\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PHILLIPS Vs. NO. 014742 ADAMS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOSEPH G MUZIC, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). ~~ JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 717-299-3726 ATTORNEY FOR DEFENDANT Date: 07/17/03 INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 By: Jaoque1ine Ciarrooohi File #: M300743 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PHILLIPS Vs. ADAMS No. 014742 TO: ANTHONY STEFANON, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TIllNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 06/25/03 Enc(s): Copy of subpoena(s) Counsel return card File #: M300743 JOSEPH G MUZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 ATTORNEY FOR DEFENDANT rNQurRrES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi <:nM)NWEALTH OF PmNSYLVANIA COONl'Y OF aJMBl'EAND PHILLIPS VS. Fi le No. 014742 / ADAMS SUBPOENA TO Pfl()()(x:E DOCl.tENTS OR TH I NGS FOR D I SOOVERY PU'lSUANT TO RULE 4009, 22 CONCENTRA MED CTR, 4400 LEWIS RD STE G, HARRISBURG PA 17111 TO: (NlITl6 of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doo..ment!'l orS~nglrlACliEuADDENDU1\'1 at. MEDICAL LEGAL REPRODUCTIONS(A~~~sf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the doct.ments or produce things requested h\ this subpoena, together with the certificate of carpliance, to the party making thi, request at the address 1 i sted above. You have the right to seek in advance the rea sonab I E cost of preoaring the copies or producing the things sought. I f you fai 1 to produce the doct..ments or things required by this subpoena within twenty (20) days after its serv~ce. the party serving thi<l ~;ubpoena may seek a court orde.' carpelling you to carply with it. "TH I S SUBPOENA WAS NA/'E : ADDRESS : ISSUED AT "THE REQUEST OF THE FOLLONING PERSON: JOSEPH G MUZIC, ESQ ::n2 N QUi:Ii:N ST LAl'lCAo'!'.I!;):(., "R. 17603 TELF.PH:lNE: SlPREI-E OOJRT I D # ATTORNEY FOR: 215-335-3212 DEFENDANT BY THE CXlURT: ~ R. J?. prothonotar~, 01''-- Q 'rvuJPh' Civil Division M300743-01 DATE:4.. 30 dtlD3 I S 1 of the Court Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: CONCENTRA MED CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTIFIED PHOTOCOPIES WILL BE ACCEPI'ED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - -- - - -- - -- -- ----------- - - ---- - - - --- -- RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Authorized s~gnature for CONCENTRA MED CTR Date CUMBERLAND M300743-01 *** SIGN AND RETURN THIS PAGE *** CXJ!M)NWE/\LTH OF pmNSYI,VANIA axJNTY OF c;uMBEmMID PHILLIPS VS. File No. 014742 ---/ ADAMS SUBPOENA TO PRClCllX:E DOCl..t'ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009,22 COLONIAL PARK FAM PRACT, 4807 JONESTOWN RD STE 141, HARRISBURG PA 1710 TO: (NlIlle of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunentl; orsiElrgl'TTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(A~~~sf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the doct.rnents or produce things requested h) this subpoena, together with the certificate of c:arpliance, to the party making thi, request at the address I isted above. You have the right to seek in advance the reasonab IE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce. the party serving thb ~;ubpoena may seek a court orde" c.:arpelling you to c:arply with it. TH I S SUBPOENA WAS NA/'E : ADDRESS : ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: JOSEPH G MUZIC, ESQ 212 1\T QJTRR1\T ~'T' LANCASTER, PA 17603 215-335-3212 TELF.PHONE: SU'REI'E CXlURT I D# ATTORNEY FOR: DEFENDANT DATE: .-q~; i o~/)th~ clrt BY THE CXlURT: C,:-I:l;' R. f~j ~. Prothonotary/C er , Civi I 0r' () ~ ,p,,, Division M300743-02 Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: COLONIAL PARK FAM PRACT ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - --- - - - - - - - - - --- --- - - ----- -- --- - - - - -- -- RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author1zed signature for COLONIAL PARK FAM PRACT CUMBERLAND M300743-02 *** SIGN AND RETURN THIS PAGE *** C(HoI)NWEALTH OF PmNSYLVANIA COUNJ.'Y OF QJMBmIAND PHILLIPS VS. File No. 014742 ADAMS SUBPOENA TO PROOUCE OOCtI'tENTS OR ni I NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009. 22 TIG INS, PO BOX 25475, LEHIGH VALLEY PA 18002 TO: ATTN MELISSA TRIMMER X7704 (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunentR orSth.i.ngli:""'T A.CHED EE AI. .t'- ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(A~~~sf940 DISSTON ST., PHILA., PA You may deliver or mail 1 egib 1e copies of the docunents or produce things requested h\ this subpoena, together with the certificate of callJ1iance, to the party making thi, 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. I f you fai 1 to produce the docunents or things required by this subpoena within t"'!enty (20) days after its serv~ce, the party serving thi'l mropoena may seek a court orde" cx:rrpelling you to callJ1y with- it. nilS SUBPOENA WAS NA/"E : ADDRESS : ISSUED AT THE REQUEST OF THE FOLLONING PERSON: JOSEPH G MUZIC, ESQ 212 ])1 QTT"''''''' ~'1' L~C85YE~, ~A 17603 TELF.PI-OlE: SlPRe-E COJRT 10# ATTORNEY FOR: 215-335-3212 DEFENDANT BY THE CXlURT: ('10 ,..-;~ R ~~ Prothonotary/ , Civil (-)YL- 0 )n~llL" M300743-03 DATE: (\... 30;LlJDJ ~Court Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: TIGINS ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CLAIM #A99187221 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - -- ----- --- - ---- - -- - - - - - - -- --- RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS ( ( PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author1zed s1gnature for TIG INS CUMBERLAND M300743-03 *** SIGN AND RETURN THIS PAGE *** CQMMJNWE!\LTH OF pmNSYLVANIA COONl'Y OF QJMBERlAND PHILLIPS VS. File No. 014742 ADAMS SUBPOENA TO pR<lQlX:E DOCU1ENTS OR ll-ll NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ARLINGTON GROUP, 805 SIR THOMAS CT, HARRISBURG PA 17109 TO: (N!Ille of Person or Ent i ty) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'l orSibrgA'rTACImD ADDENDUM at. MEDICAL LEGAL REPRODUCTIONS(AJll~s'940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h\ t.his subpoena, together with the certificate of carpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of preoaring the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving thi'l ~;ubpoena may seek a court orde" carpelling you to carply with it. THIS SUBPOENA WAS ISSUED AT 1HE REQUEST OF THE FOLLONING PERSON: NAME: JOSEPH G MUZIC, ESQ ADDRESS: 212 N QTTH'H'N !':'T' Wll"C:R.6.c]!;~, l'A 17603 TELF.PH:lNE: SlPREI'E ~T I D # ATTORNEY FOR: .. 215-335-3212 DEFENDANT BY THE ~T: G,n'4 R ~~ J..:.. Prothonotary l'erk, Civil Division 0;0 {;, }n;;'J,. Deputy M300743-04 DATE:--Q,~, 31\ ,,.W03 S al of the Court (Eff. 1/97) ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: ARLINGTON GROUP ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTlJ<lED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - -- -- - - - -- -- - -- - - - ----- ----- - -- - -- ---- RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorkzed signature for ARLINGTON GROUP CUMBERLAND M300743-04 *** SIGN AND RETURN THIS PAGE *** cnM)NWEALTH OF PENNSYLVANIA CXXJNI'Y OF aJM81;mAND PHILLIPS VS. File No. 014742 ADAMS SUBPOENA TO PROCll.CE DOC:l.M!NTS OR TH I NGS FOR D I srovERY PURSUANT TO RULE 4009. 22 DR PETER SCHATZBERG, 1308 MACDADE BLVD, FOLSOM PA 19033 TO: (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'l orS~Al'TACHED ADDENDU1\'I at MEDICAL LEGAL REPRODUCTIONS(A~~~st940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested h) this subpoena, together with the certificate of carpliance. to the party making thi, request at the address I isted above. You have the right to seek in advance the reasonab IE cost of preparing the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoena within t",enty (20) days after its serv~ce, the party serving thin subpoena may seek a COllrt orde'- cx:rrpe 11 ing you to carp Iy with it. TH I S SUBPOENA WAS NA/'E : ADDRESS : I SSUED AT THE REQUEST OF THE FOLLON I NG PERSON: JOSEPH G MUZIC, ESQ 212 1\1 QJTIi'1<'1\T !'l'l' ~CASTE~, PA 17&03 215-335-3212 TELF.PH:lNE: SlPRet:: OOJRT I D# ATTORNEY FOR: DEFENDANT DATE: (I. ~'^ ,).o1J1 ~ Court BY THE CCAJRT: ~ 12 R, ;{/' prothonotar~1 k, C)'l~' 1-,1 ~ Civil Division M300743-05 Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: DR PETER SCHATZBERG ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: GERALD T PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL PA DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - -- - -- - - --- -- --- - -- ---- - - -- - --- - - -... -- - -- RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS A VAlLABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author~zed signature for DR PETER SCHATZBERG CUMBERLAND M300743-05 *** SIGN AND RETURN THIS PAGE *** n ~"~ """1;' IT:) -, Z CO -< r--; ( ,- >~ ~~:! :....) ;-':~ =< u: " ,-, (" t-.. :q IN TIlE COURT OF COMMON PLEAS OF CUMUERLAND COUNTY PHILLIPS Vs. NO. 0147-42 ADAMS CERTIFICATE PREREQUISITE TO SERVICE OF A SUlilpOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) fOle documents and things pursuant to Rule 4009.22 JOSEPH G MUZIC, ESQUIRE certifies that: 1. A Notice of Intent to Serve the subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior: to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the subpoena(s) . ~~ JOSEPH G lIl[UZIC, ESQUIRE 212 N QUEEN ST LANCASTER, PA 17603 717-299-3726 ATTORNEY FOR DEFENDANT INQUIRIESi SHOULD BE ADDRESSED TO: MEDICAL I,EGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 33!5-4907 Date: 09/22/04 By: patrice Laporte File #: M314202 IN-THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PHILLIPS Vs. ADAMS No. 014,742 TO: ANTHONY STEFANON, ESQ (PLAINTIFF' NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: Oa/3l/04 JOSEPH G ~~ZIC, ESQUIRE 212 N QUEE:N ST LANCASTER, PA l7603 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LgGAL REPRODUCTIONS, INC. 4940 DISS'rON STREET PHILADELPHIA, PA 19l35 (2l5) 335-4907 By: patrice Laporte Enc(s): copy of subpoena(s) counsel return card File #: M3l4202 ~TH OF pENNSYLVANIA COONrY OF ~ PHILLIPS File No. 014742 VS. ADAMS SU6POENA TO pROQ!,!Qf; ~NTS Ofl TH I NGS FOR D I ~ERY PURSUANT TO RUl.E 4009.22 TIG INS, PO BOX 25475, LEHIGH VALLEY PA 18002 TO: ATTN: MELISSA TRIMMER (N!I1lEl of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following c:Io<::l.rnetlt'" or things: SEE ATTACllliU AJJUENUUM You may deliver or mail legible copies of the docUnEmts or produce things requested hI this subpoena, together with the certificate of cafl)1iance, to the party making thi~ request at the address li sted above. You have the r i gh'~ to seek in advance the rea sonab I E cost of preparing the copies or producing the things sought. MEDICAL LEGAL REPRODUCTIONS<A~s1940 DJ:SSTON ST., PRILA., PA ----.-- at I f you fai I to produce the docunents or things required by this subpoena within t",enty (20) days after its serv~ce, the party serving thin !;ubpoena may seek a court orde,' c:t:m)ell;ng you to COl'Ply with it. TELEP!-PNE: SlJ>R8'E OOJRT I DtI ATTORNEY FOR: ISSUED AT THE REQUEST OF THE FOLLClHtNG PERSON: JOSEPH G MUZIC, ESQ 212 N QUEEN ST LANCASTER, PA 17603 215-335-3212 TH I S SUBPOENA WAS NAI"E : ADDRESS : DEFENDANT BY THE <XlURT: M314202-01 DATE: ~... f,.. .J: ;2~'l Sea I of the Court DepUty (Eft. 7/97) ADDENDUM TO SUBPOENA PHILLIPS Vs. No. 014742 ADAMS CUSTODIAN OF RECORDS FOR: TIG INS ALL INSURANCE/WORKERS COMPENSATION RECORDS FROM 6/1/03 TO THE PRESENT DATE. CLAIM #A99187221 PERTAINING TO: NAME: GERALD PHILLIPS ADDRESS: 113 DEERFIELD RD CAMP HILL P1', DATE OF BIRTH: 07/06/36 SSAN: 172269647 CERTII<'u;D PHOTOCOPIES WILL BE ACCEPTED IN LIEU 011 YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS ha~e been destroyed Date Author~zed s~gnature for TIG INS CUMBERLAND M314202-01 *** SIGN AND RETURN THIS IPAGE *** r:) ", (~ c"'" .,..::- C) C') "''''' I '-1 () -1'/ .:~,- -0 ::':c:: ~:,) a '-1 Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Queen Street Lancaster, P A 17603 (717) 299-3726 Attorney I.D. No: 55919 Attorney for Defendant GERALD T. PHILLIPS and PORTIA PHILLIPS, Plaintiff vs. FREDERICK W. ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 01-4742 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Gerald T. Phillips and Portia Phillips c/o Anthony Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE UPON YOU OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. DATE: d...,n-o'5 NIKOLAUS & HOHENADEL, LLP -"",rO. Joseph<;{ Muzie, Jr., Esquire Atton(e'y for Defendant Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Queen Street Lancaster, P A 17603 (717) 299-3726 (717) 299-1811 fax Attorney J.D. No: 55919 Attorney for Defendant GERALD T. PHILLIPS and PORTIA PHILLIPS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff CIVIL ACTION - LAW vs. No. 01-4742 FREDERICK W. ADAMS, Defendant JURY TRJ[AL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT 1. Admitted. 2. Admitted as to place of resident at the time of the motor vehicle accident. Defendant died on or about December 17,2002. 3. Admitted. ., 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Defendant failed to stop for the aforementioned stop sign. As for the direct point of impact, Defendant does not have sufficient knowledge; however, Defendant admits that a collision occurred with Plaintiffs vehicle. 8. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 9. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 10. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 11. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 12. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth ofthe averment. Strict proof is demanded at trial. 13. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 14. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Striet proof is demanded at trial. 15. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Striet proof is demanded at trial. 16. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 17. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 18. Denied. After reasonable investigation, answering Defendant is without sufficient 2 knowledge to form a belief as to the truth of the averment. Striict proof is demanded at trial. 19. Denied. Said averment contains legal conclusions to which no responsive pleading is required. WHEREFORE, Defendant requests this Honorable Court to enter judgment in his favor and against Plaintiffs. 20. herein. 21. 22. 23. 24. 25. 26. NEW MATTER Paragraphs 1 through 19 are incorporated herein by reference as if fully set forth Plaintiffs may have failed to state a cause of action. Plaintiffs may have violated the applicable statute oflimitations. Plaintiffs may have been comparatively negligent. Plaintiffs may have assumed the risk. Answering Defendant was not negligent. The damages claimed by Plaintiffs may be limited in scope pursuant to the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701 et. seq. 27. Plaintiffs may be subject to the "limited-tort" provisions ofthe Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701 et. Sf:q. 28. The injuries and damages claimed by Plaintiffs may have been caused by parties other than answering Defendant. 29. Plaintiffs may have failed to mitigate their damages. 30. Defendant's alleged actions and/or omissions w(:re not a substantial factor in causing Plaintiffs' alleged injuries and damages. 3 31. The injuries claimed by Plaintiffs may have pre--existed the date of Plaintiff s alleged cause of action. WHEREFORE, Defendant requests this Honorable Court to enter judgment in her favor and against Plaintiff. NIKOLAUS & HOHENADEL Date: ~~11- 05 By: Joseph G. Mu~ic, Jr., Esquire Attorney foriiefendant / .,,~ 4 VERIFICATION I, Joseph G. Muzic, Jr., Esquire, hereby verify that I am the attorney for Frederick W. Adams in this action and verify that the statements contained in the foregoing document, Answer and New Matter of Defendant, are true and correct to the best of my knowledge, information and belief. I acknowledge that in knowingly made false statements in this document I would be subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to Unsworn Falsification to Authorities. This Verification is necessary because the verification of Defendant cannot be obtained within the time allowed for filing the pleading. NIKOLAUS & HQ1:IENADEL, LLP .//.- Date: ~ -/7 -OS Jos Att rn . Muzic, Jr., Esquire for Defendant CERTIFICATE OF SERVICE I hereby certify that the within Answer and New Matter of Defendant was sent by first- class mail, postage prepaid on the date set forth to the following: Anthony Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 NIKOLAUS & HOHENADEL, LLP Date: 'J.--n-o'5 By: Joseph G. Muzic,.Jf::'Esquire Attorney for ~mdant ANTHONY STEFANON, ESQUIRE 1.0.#25497 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 Attorney for Plaintiffs GERALD T. PHilLIPS and PORTIA PHilLIPS, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-4742 vs. : CIVil ACTION - LAW FREDERICK W. ADAMS, Defendant : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT 20. This paragraph contains no averments of fact to which Plaintiffs' may respond. 21. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. 22. Denied. To the contrary, Plaintiffs' claims have been filed within the time period permitted by all applicable statutes of limitations. The cause of action arose on September 10, 1999. The case was commenced by filing a Praecipe for Writ of Summons on August 10, 2001. The Writ was served on August 28, 2001. 23. Denied. Plaintiffs specifically deny any causal negligence on the part of Plaintiffs. 24. Denied. Plaintiffs specifically deny any voluntary assumption of any known risk whatsoever. 25. Denied. Denied. To the contrary, Defendant's negligence caused the injuries and damages suffered by Plaintiffs as set forth in Plaintiffs' Complaint. 26. Denied. The averments of this paragraph are conclusions of law not requiring answer by Plaintiffs. 27. Denied. To the contrary, at the time of the collision involved in this case, Plaintiffs were covered by an automobile policy No. 103-26-26 issued by AIU Insurance Company, which policy provided for full tort coverage under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 28. Denied. To the contrary, the injuries and damages suffered by Plaintiffs were caused by the acts and omissions of Defendant as setforth in Plaintiffs' Complaint. 29. Denied. To the contrary, the injuries and damages suffered by Plaintiff were caused by the acts and omissions of Defendant as set forth in Plaintiffs' Complaint. By way offurther answer, the averments ofthis paragraph are conclusions of law not requiring answer by Plaintiffs. 30. Denied. To the contrary, the injuries and damages suffered by Plaintiffs were caused by the acts and omissions of Defendant as set forth in Plaintiffs' Complaint. 31. Denied. To the contrary, the injuries and damages claimed by Plaintiffs were caused by the acts and omissions of Defendant as set forth in Plaintiffs' Complaint. WHEREFORE, Plaintiff demands judgment in accordance with the prayer for relief set forth in their Complaint. By: DATE: 7-J.-~ CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of the PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT, on the person listed below, at the address set forth, by First Class United States Mail: Joseph G. Muzic, Jr., ESQUIRE NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 By: DATE: $ -l-7c)or . . VERIFICA TION The undersigned hereby verifies that the facts averred in the foregoing PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT, are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa C.SA 94904 relating to unsworn falsification to authorities. 3/zIo5- / I Date: (-' \ (.....~ ~/ (~~?: C:J f...,;"'i Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LL.P. 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 FAX (717) 299-1811 Email: jmuzic@nikolaushohenadel.com Attorney I.D. No: 55919 Attorney for Defendant Gerald T. Phillips and Portia Phillips In the Court of Common Pleas of Cumberland County, Pennsylvania vs. NO. 01-4742 CIVIL Frederick D. Adams JURY TRIAL DEMANDED NOTICE OF DEATH TO THE PROTHONOTARY: The death of Frederick D. Adams, a party to the above action, during the pendency of this action is noted upon the record, as evidenced by the attached Certificate of Death. It is further stated that Frederick W. Adams, Jr., is substituted as Personal Representative of decedent Frederick D. Adams, as evidenced by the attached Certificate of Grant of Letter Testamentary. Respectfully submitted, NIKOLAUS & HOHENADEL, LLP BY: Jose G. Muzic, Jr., Esquire Attorney for Defendant Date: ,~ 1/ ,'. , ) - (..~. ( J ~, . ~+. - ""-) )", .,'" ,,"~>,. " ii':,;.'l:; ",' ';"':.'r:l":,< : ",,'." -,', ?:R ,~"u..n" . ,"~ ",; Fc' vi,il! 'r' ~~,. :) jul l}f; ., _'IJ ,~',r KJ. ,r) ,(,. ~)i411)()ro 29~~\ 1:2 x El'i'i<r \ /'1 r-:-:nn;);,t .. /.4" 4c(~l<t.~" ) .. ...... r ~ ()o ~~" .- .....,,:. 1 ) .'" ',,'- ~. ---'-~~...,_.~ ~rA1"E GF .J,:L.~1 ';A.P!OL;~A ~:~>~tuj'V~i'j" i.)F HeALTH AND tt;"/;R:}NM!::N-;'l:... c~:-;~~:~c. CERTiFICA TE OF DE.A Tii IJ!Ult::'[ :""d,'lr~!;; T'",-:nl" ,t 7_ l)",,'[)l,:'r P,.;:nnettsville ~hi'tc IVhn Li lli.;:1l "~~' i . '- " ~v 1 i j 3162 J iH- ~-L Ar,i',yl1 Crf:-iil:llori'![1 .3162 J. HI:" l:<::;:l<Jn kd ~, Been,. t~ tsvi II 2(),)? wrd tnl't"-Ev;:m::J Fl.dk c:d /ii.Jfl~.:: y,J/ F':1St Main St Cl"!ct Px:~nrH":tt;~ill(" :~; .r. 295t2 ... :1.. /7 - 0:;;' L.>:,J~<--}f-7-___{l--, ~..-,.": _"'~'O'___:____ .. ~'~'~;r:::'~-i:?j ?(' #: --'/r.,../';; Ir} P ;fi';Yt1 ~<.' "...... .,{' f"-C..~_._ . lob Y /.l-~ I 'I ~J /II- '~i ./f--: -;- ,.-. ',',-<r).t;.:" M1 1i....,,-::--I4. '". f1, ,t, '-_'--C'r-'t -::- ./.,.; >,.t. ""; ::~ " ,- (,; [ ,1.(:<] --- . Z ~. )\,~ i' ....,i " ,,"'-~ . . I..... -'--~--' .J -'!'- ! Y"(' /(~/' ~.7/--;'/') ':) r .. /'" '" , ^~ ',1" ;:': 9,:>-'/,_ PI-. Register of Wills ofDaophi. County, pen'SYIVani~ Off>> V Certificate of Grant of Letters Testamentary No. 1003-2002 Estate of FREDERICK W. ADA.;'vlS Social Security No. 181 100361 Whereas, on the 23RD day of DECEMBER, 2002 instrument(s) dated JULY 28. 2000 will of FREDER1CK W. ADAMS late of DERRY TOWNSHIP was (were) admitted to probate as the last , who died on the 17TH dayof DECEMBER, 2002 and \Vhereas, a true copy of the will as probated is annexed hereto. Therefore, I, Jane D. Marfuo , Register of Wills in and for the County of Dauphin, in the Commonwealth of Pennsylvania, hereby certifY that [ have this day granted Letters Testamentary to FREDERICK W. ADAMS. JR. who has duly qualified as Personal Representative(s) and has agreed to administer the estate according to law, all of which fully appears of record in my Office at Dauphin County Court House, Harrisburg, Pennsylvania. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my Office on the 23RD day of DECEMBER. 2002 I . '".. .-,_,'f.__.( ,!."'.) Deplliy Register ofWiUs , ~',- ,_. ^ ;' .' t 0--. '--- F---A--<"t-- ,) \-{t: c t,. \ ...-"., CERTIFICATE OF SERVICE I, Denise M. Kreider, an employee with the law firm of Nikolaus & Hohenadel, LLP, hereby state that the within Notice of Death was sent by first-class mail, postage prepaid on the date set forth to the following: Anthony Stefanon, Esquire P,O. Box 12027 407 North Front Street Harrisburg, PA 17108-2027 NIKOLAUS & HOHENADEL, LLP BY: j'! . '.'),(' :,/_ I (. ! 'j.'." ; ':,', II) f' -, 4,' ,;' J"" ' './._l:. ,.(t'l_;/ . ..',__-1,(,,/ ", " ,-- Denise M. Kreider Paralegal Date: / {" ( (- ~ ~ j", , - PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHOrurARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( K) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) (>() Civil Action - Law 6-E(l~L 1) J \ fflllL- (1'5 a"'^-J 'PO~ t!f\ ~ 7L~ l PS h;~ U<Ite.. Appeal from Arbitration (other) (Plaintiff) vs. t(24 fflfC t( f:; VJ; 1\ D~ S The trial list will be called o~ 6 ~/~~U6 and (Defendant) ,- Trials corrmence on 7"" /8 ^ 2 ace;. c-- Pretrials will be held on 0" Z C) --2 Q1<) (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local ~Jle 214.1.) No. 01- 47q2- Civil 19 Indicate the attorney who will try case for the party who files this praecipe: A)~v( ~~t::~\ ~<;;.'2: Indicate trial counsel for other parties if known: J~.cPtf C I4fd~lc Es~ This case is ready for trial. Signed: d.J Print Narre: Date: Attorney for: ]CP4-f/U-r-, ~ F ~ . , , I c...-, .. ~_! ~ ~ ,<;-, 9-) ~ ~ -- tS (", . ~ ... Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, L.L.P. 212 North Queen Street Lancaster, P A 17603 (717) 299-3726 (717) 299-1811 fax jmuzic@nikolaushohenadel.com Attorney J.D. No: 55919 Attorney for Defendant GERALD T. PHILLIPS and PORTIA PHILLIPS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff CNIL ACTION - LAW vs. No. 01-4742 FREDERICK W. ADAMS, Defendant JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION TO THE PROTHONOTARY: Please substitute the attached Verification to the Answer and New Matter of Defendant in the above referenced case. NIKOLAUS & HOHENADEL -----.- /'" Date: 'S - 31- DS By: Joseph G. Attorney ."'''' ~ No. 01-4742 VERIFICATION I, Frederick W. Adams, Jr., hereby verify that I am the personal representative of decedent Frederick W. Adams in this action and verify that the statements contained in the foregoing document, Answer and New Matter of Defendant, are true and correct to the best of my knowledge, information and belief. I acknowledge that if I knowingly made false statements in this document I would be subject to the penalties of 18 Pac c.s.A. Section 4904 relating to Unsworn Falsification to Authorities. Z;:C FfedencK ~Adams, Jr. Date: '-1/) I/O I 2 .'"'\1 . No. 01-4742 CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe for Substitution was sent by first-class mail, postage prepaid on the date set forth to the following: Anthony Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 NIKOLAUS & HOHENADEL . M c, Jr., Esquire Defendant Date: 5'~~I~OS 3 r""", r ) ~"-" (".,'. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) 'IQ THE PIUl'HONJTARY OF CUMBERLAND COUNI'Y Please list the following case: (Check one) (x for JURY trial at the next term of civil court. for trial witmut a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Gerald T. Phillips and Portia Phillips, Plaintiffs (Plaintiff) vs. Frederick W. Adams (Defendant) vs. (check one) (xx) Civil Action - Law Appeal from Arbitration (other) The trial list will be called on and August 23, 2005 Trials comrence on September 19, 2005 Pretrials will be held on August31, 2005 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 01-4742Civil 19 Indicate the attorney who will try case for the party who files this praecipe: Anthony Stefanon, Esq., 407 North Front st., Harrisburg, PA 17101 Indicate trial counsel for other parties if known: Joseph G. Muzic, Esquire, 212 North Queen Street, Lancaster, PA 17603 This case is ready for trial. Date: b ~ /5' Zco~ Signed: Attorney for: Plaitiffs o ;rS; ~;~ (j:~ -!(~ . ~.~ .,> ~~. ~~~: :::-i --<. ...., = = "'" '-- c::: :;.r:: o -n :r rnfD -om -pC? '.:::"'~() ::.J::::~ (',)-' , ;;..0 c:5m ;,--i J:-" :LJ .0<.: Q'"\ -u r;;-' W \D 15 Gerald T. Phillips and Portia Phillips, his wife iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Frederick W. Adams : NO. 01-4742 CIVIL TERM ORDER OF COURT AND NOW, June 21, 2005, by agreement of counsel, the above captioned case is continued from the July 18,2005 trial term. Counsel is directed to relist the case when ready. ~thony Stefanon, Esquire For the Plaintiff ~eph G. Muzic, Esquire ~ For the Defendant ...eOurt AdministratorC~x. jhk By the Court, ct:> if) -,.' "d; ~ )"": ~)....;;-; -"..S:;!. ~J::.~- on (~f6::' U-\ ~~ u--r- '6 .' -- - .-,- ~ ~. ~'S -.:;.::;, if> $ ,'---l -- GERALD T. PHILLIPS and PORTIA PHILLiPS, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A vs. CIVIL ACTION - LAW NO. 01-4742 CIVIL FREDERICK W. ADAMS, Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held August 31, 2005, were Anthony Stefanon, Esquire, attorney for the plaintiffs, and Joseph G. Muzic, Jr., Esquire, attorney for the defendant. This case arises from a motor vehicle accident which occurred on September 10,1999. The defendant approached an intersection which was controlled by a stop sign whereupon the defendant failed to stop for the stop sign and crashed into the side of the motor vehicle being operated by the plaintiff, Gerald T. Phillips. Mr. Phillips was in the course of his employment at the time of the accident which creates a significant question in this case as to whether he can plead and/or prove his medical expenses which might otherwise be payable by Worker's Compensation. This issue will require a ruling by the trial judge. In the event that there remains a doubt concerning this issue, the entire matter should go to the jury. With proper itemization of the verdict slip, this issue can also be addressed post-triaL Counsel have agreed to stipulate to the authenticity of medical records. Counsel will also stipulate to the amount of medical expenses though the defendant will have a continuing objection to the medical expenses on the grounds of relevance. This otherwise uncomplicated trial should be of no more than two days' duration. The usual number of juror challenges will pertain. August 31, 2005 Anthony Stefanon, Esquire For the Plaintiffs Joseph G. Muzic, Jr., Esquire For the Defendant Court Administrator :r1m 1j~, /~- \-':,::::, \~.~ Y.)/"-::, "","c.::: \::G,C, '(S'f(: .,,0.-- ';;\\.l,1 u.--:"- y '6 ~ .' -- ~,f" 'c:. -- c'l L~ Sl v2 <;:?~ 'c=;. ANTHONY STEFANON, ESQUIRE 1.0.#25497 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 Attorney for Plaintiffs GERALD T. PHILLIPS and PORTIA PHilLIPS, Plaintiffs vs. FREDERICK W. ADAMS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-4742 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR SETTLEMENT & DISCONTINUANCE TO THE PROTHONOTARY: Mark the above-captioned matter settled and discontinued. DATE: 9rZ9-~ CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of PRAECIPE FOR SETTLEMENT & DiSCONTINUANCE, on the person listed below, at the address set forth, by First Class United States Mail: Joseph G. Muzic, Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 THONY 1.0.#2549 407 Nort t Street P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 Date: ?-2~-05 c ~-:--, ....., .:~"';;I r;:'.::> ;:';...n - cr., , (A) o -0 f') '" o