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HomeMy WebLinkAbout01-6865JENNIFER R. STUTTING and GERALD L. STUTTING, her husband Plaintiffs VS. PAIGE PYNOS Defendant IN Tile COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MOTOR VEHICLE PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS To the Prothonotary: Kindly issue a writ of summons in the above-captioned action. Please forward the writ of summons to the Sheriff of Cumberland County for personal service on the Defendant at her residence, 4 Harvard Place, Apt. C, Camp Hill, Cumberland County Pennsylvania 17011. Date: 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorneys for Plaintiffs Commonwealth of Pennsylvania County of Cumberland JENNIFER R. STUTTING and GERALD L. STUTTING, her husband PAIGE PYNOS 4 Harvard Place Apt. C Camp Hill, PA 17011 Court of Conmaon Pleas 01-6865 Civil Term No ...................................... 19 .... Civil Action- Law To Paige Pynos .... You are hereby notified that Jennifer R. Stutting and Gerald L. Stutting, her husband the Plaintiffs ha ve~ommenced an action in ___.Ci¥il_A~il)_n__-___L_a_w_ ............................... agalnst you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis R. Long Prothonotary In the Court of Common Pleas of Cumberland County, Pennsylvania No. -~]~' ~ ~-6-%-'' Civil. ½9 Prothonotary - ' ~/~or~e~or~'la~i~f '/ Term, 19 Filed PRAECIPE 19, , Atty. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, Plaintiffs, Civil Action - Law VS. No. 01-6865 PAIGE PYNOS, Defendant. Jury Trial Demanded PRAECIPE TO THE PROTHONOTARY: Please enter a Rule upon Jennifer R. and Gerald L. Stutting, Plaintiffs, to file a Complaint within twenty (20)days from the date of the service of thi/~le or suffer Judgment non-pros. // GRIFFITI-I/STmCKLERt /¢L OS / ROBERT A. L~ES~LFIRE Attorney for Defendant Supreme Court I.D. #07490 110 South Northern Way York, PA 17402 (717) 757-7602 Dated: ~:~2(.-~__'7 ........... 2002, RULE ISSUED AS ABOVE. NOW, PROTHONOTARY DEPUTY (__ - IN THE COURT OF COMMON I~LEA, S OF CUMBERLAND COUNTY, PENNSYLVANIA JENN~ER R. AND GERALD L. STUTTING, Plaintiffs, Civil Action - Law vs. No. 01-6865 PAIGE PYNOS, Defendant. Jury Trial Demanded PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Leman, Esquire and Lisa M. DiBernardo, Esquire, ofGriffith, Strickler, Leman, Solymos & Calkins, as attorneys for the Defendant, Paige Pynos, in the above-captioned matter and mark the docket accordingly. GRIFFIT~RICKLER/, LERMAN, . R0UERZ A. tS Supreme Court I.D. #07490 Lq~A }VI. DIBtERN.(_RDO, ESQUIRE Supreme Court I.D. #56684 110 South Northern Way York, PA 17402 (717) 757-7602 Dated: November 4, 2001 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, Plaintiffs, Civil Action - Law vs. No. 01-6865 PAIGE PYNOS, Defendant. Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this 4th day of January, 2002, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance via first-class mail, postage prepaid, addressed to the party or attorney of record as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (Plaintiffs' Counsel) GRIFFITH, STRI~ER, LERMAN, SOLYMOS/& CALK1NS /] . crt A. Lerman, Esquire / Attorney for Defendant, Dennis'Hess Supreme Court I.D. No. 07490 110 South Northern Way York, Pennsylvania 17402-3737 Telephone: (717) 757-7602 SHERIFF'S RETURN - CASE NO: 2001-06865 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STUTTING JENNIFER R ET AL VS PYNOS PAIGE JASON VIOR3tL , Cumberland County, Pennsylvania, who being duly says, the within WRIT OF SUMMONS was PYNOS PAIGE REGULAR Sheriff or Deputy Sheriff of sworn according to law, served upon the DEFENDANT at 1928:00 HOURS, at 326 BOXLER AVENUE on the 19th day of December , 2001 LEMOYNE, PA 17043 by handing to JASON KINGSBOROUGH, ROOMMATE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this '7£~ day of ~ ~,~ ,7_~ A.D. ~ ~rothonotary~ · ~ So Answers: R. Thomas Kline 12/20/2001 COYNE & COYNE By: /~put y Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, Plaintiffs, Civil Action - Law VS. PAIGE PYNOS, Defendant. No. 01-6865 Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this /?~ day of January, 2002, I, Robert A. Leman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the INTERROGATORIES OF DEFENDANT TO PLAINTIFFS, SET NO. 1, via first-class mail, postage prepaid, addressed to the party or attorney of record as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (Plaintiffs' Counsel) GRIFFITH, ST~d~ER, LERMAN, bert A. Lerm~an,~Esquireff~/ Attorney for Defendant, Paige Pynos Supreme Court I.D. No. 07490 110 South Northern Way York, Pennsylvania 17402-3737 Telephone: (717) 757-7602 SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-06865 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STUTTING JENNIFER R ET AL VS PYNOS PAIGE R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, PYNOS PAIGE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT unable to locate Her in his bailiwick. He therefore returns but was the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , PYNOS PAIGE PER POST OFFICE, MOVED LEFT NO FORWARDING. Sheriff's Costs: Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 R/ 'Thomas ~line Sheriff of Cumberland County HENRY COYNE 01/07/2002 Sworn and subscribed to before me this I\~--- day of ~ ~0~ A.D. Pfo~honotary ' ~ J JENNIFER R. STUTTING and GERALD L. STUTTING, her husband Plaintiffs VS. PAIGE PYNOS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6865 CIVIL TERM : CIVIL ACTION : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and tiling in writing with the court our defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorneys for Plaintiffs JENNIFER R. STUTTING and GERALD L. STUTTING, her husband Plaintiffs VS. PAIGE PYNOS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6865 CIVIL TERM : CIVIL ACTION : JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, by and through their attorneys, Coyne & Coyne, P.C., and avers the following in support of the within Complaint. 1. Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, are adult individuals who reside at 38 Spring Lane Road, Dillsburg, York County, Pennsylvania. 2. Defendant, Paige Pynos, is an adult individual who resides at 326 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. 3. On December 17, 1999, Defendant Paige Pynos owned, controlled and operated a 1994 Dodge Intrepid automobile and was traveling north in the inner lane of U.S. Routes 11 & 15 at the vicinity of Camp Hill Shopping Center, Camp Hill, Cumberland County, Pennsylvania. 4. On December 17, 1999, Plaintiff Jennifer R. Stutting was traveling south in the inner lane on U. S. Routes 11 & 15 at the vicinity of the said Camp Hill Shopping Center, Camp Hill, Cumberland County, Pennsylvania. 2 5. On December 17, 1999 Defendant turned her vehicle to the left toward the entrance of the said Camp Hill Shopping Center; improperly crossed into the southbound lane in front of the vehicle operated by Plaintiff Jennifer R. Stutting causing Defendant's vehicle to make a violent impact with the vehicle operated by Plaintiff Jennifer R. Stutting. 6. The collision was due solely to the negligence and carelessness of the Defendant in that: (a) Defendant operated her motor vehicle in a careless, reckless and negligent manner; (b) Defendant operated her motor vehicle without due regard to the right, safety and position of the Plaintiff, Jennifer R. Stutting; (c)Defendant failed to use due care under the circumstances; (d) Defendant failed to keep a proper lookout for Plaintiff Jennifer R. Stutting's motor vehicle; (e) Defendant operated her motor vehicle in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania; and (f) Defendant operated her motor vehicle in a careless disregard for the safety of Plaintiff, Jennifer R. Stutting, in failing to yield the right-of-way to the vehicle operated by Plaintiff, Jennifer R. Stutting which is in violation of the Pennsylvania Motor Vehicle Code (75 Pa. C.S.A. Section 3322, as amended). 3 COUNT NO. 1 Jennifer R. Stutting, Plaintiff vs. Paige Pynos, Defendant 7. Plaintiff Jennifer R. Stutting incorporates paragraphs 1 through 6 of the Complaint as if individually set forth within this Count. 8. As a result of the collision of the vehicles, Plaintiff suffered severe injuries to her body in the nature of bruises to her chin; bruised left bicep; pain in her shoulders, neck and back; pain in her middle finger; bruises to her shins on both of her legs below the knees; abdominal pain; pain in the top of her leg; bruises on the top of her head; headaches, spasms and stiffness in her neck; pain in her back which radiates down both legs; lacerations of her chin; and chronic pain syndrome. 9. Additionally, the Plaintiff Jennifer R. Stuffing was rendered sick, sore, lame, prostrate, and disoriented, and was made to undergo great mental anguish and physical pain from which she suffered; still suffers and will continue to suffer for an indefinite time in the future. 10. In order to treat and attempt to remedy the aforesaid injuries, Plaintiff has been compelled to expend various sums of money for medicine and medical attention and care and she will be required to expend additional sums of money for the same purpose in the future. 11. As a result of Defendant's negligent conduct, Plaintiff continues to receive professional medical care from the Shepherdstown Family Practice. 12. As a result of Defendant's negligent conduct, Plaintiff was unable to perform her duties as a secretary at Highmark and was absent from work for a period of time. WHEREFORE, Plaintiff Jennifer R. Suttting respectfully requests that this Court find in her favor and against Defendant in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), plus interest and court costs. 4 COUNT NO. II Gerald L. Stutfing, Plaintiff vs. Paige Pynos, Defentl~nt 13. Plaintiff Gerald L. Stutting incorporates the preceding paragraphs 1 through 12 of this Complaint as if individually set forth within this Count. 14. As a result of Defendant's negligence, Plaintiff Gerald L. Stutting has been deprived of the society, companionship, contributions, and consortium of his wife, Jennifer R. Stutfing to his great detriment and loss. 15. As a result of Defendant's negligence, Plaintiff Gerald L. Stutting has incurred and will in the future incur large medical bills and expenses to treat his wife's injuries, which were sustained as a result of the collision. 16. As a result of Defendant's negligence, Plaintiff has suffered a disruption in his daily habits and pursuits and a loss of enjoyment of life's pleasures. WHEREFORE, Plaintiff Gerald L. Stutting respectfully requests that this Court find in his favor and against Defendant in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), plus interest and court costs. Dated: Respectfully submitted, COYNE & COYNE, P.C. By: ~~~~ HENRY F. COYNE, ESQUIRE 3901 Market Street Camp IIill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorneys for Plaintiffs 5 The fac~ set fo~h in ~he forgoing are true and correct to knowledge,/nformation and I~ md are verified subject ~o the p,~Itles for unswom falsification ~o ~,,d~orifies under 18 Pa. C.$.A. §4904. Date: Gerald L. Stut~ing CERTIFICATE OF I, Henry F. Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Complaint was served this date upon the below-referenced individual at the below listed address first class mail, postage pre-paid: Robert A. Lerman, Esquire Griffith, Strickler, Leman, Solymos & Calkins 110 South Northern Way York, PA 17402 Counsel for Defendant Ms. Paige Pynos 326 Bosler Avenue Lemoyne, PA 17043 Dated: Camp Hill, PA 17011-4227 (717) 737-0464 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Civil Action - Law Plaintiffs, : : vs. : No. 01-6865 : PAIGE PYNOS, : Defendant. : Jury Trial Demanded NOTICE TO PLEAD TO: Jennifer R. and Gerald L. Stutting c/o Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Attorney I.D. No. 56684 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Paige Pynos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, Plaintiffs, VS. PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded DEFENDANT, PAIGE pYNOS' ANSWER AND NEW MATTER TO PLAINTEFF'$ COMPLAINT AND NOW, this 13th day of February, 2002, comes the Defendant, Paige Pynos, by and through her attorneys, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, and files this Answer and New Matter in response to Plaintiff's Complaint and states as follows: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 1 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part; denied in part. It is admitted that Defendant Pynos is an adult individual. It is specifically denied, however, that she resides at 326 Bosler Avenue, Lemoyne, Cumberland County, PA, and strict proof thereof is therefore demanded at the time of trial. 3. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth or veracity of the allegations contained in paragraph 2 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. 4. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 4 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. To the extent a response is deemed necessary, it is specifically denied that Plaintiff, Jennifer R. Stutting was traveling in the "inner lane" of southbound Routes 11 and 15 in the vicinity of the Camp Hill Shopping Mall and, therefore, strict proof is therefore demanded at the time of trial. On the contrary, it is believed and therefore averred that Plaintiff was in the left lane ora two-lane roadway when the accident occurred. 5. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 1 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. 6. Denied. The allegations raised in paragraph 6 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, it is specifically denied that Defendant was negligent and/or otherwise careless in the following regards: a. Defendant operated her motor vehicle in a careless, reckless and negligent manner; b. Defendant operated her motor vehicle without due regard to the right, safety and position of the Plaintiff, Jennifer R. Stutting; c. Defendant failed to use due care under the circumstances; d. Defendant failed to keep a proper lookout for Plaintiff, Jennifer R. Stutting's motor vehicle; e. Defendant operated her motor vehicle in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania; and f. Defendant operated her motor vehicle in a careless disregard for the safety of Plaintiff, Jennifer R. Stutting, in failing to yield the right-of-way to the vehicle operated by Plaintiff, Jennifer R. Stutting which is in violation of the Pennsylvania Motor Vehicle Code (75 Pa.C.S.A. §3322, as amended.) On the contrary, at all times relevant hereto, Defendant, Paige Pynos operated her motor vehicle with due regard for the rights, safety and position of Plaintiff, Jennifer R. Stutting and otherwise operated her motor vehicle consistent with the rules of the road and the laws of the Commonwealth of Pennsylvania. COUNT I - Jennifer R. Stutting, Plaintiff v. Paige Py. nos, Defendant 7. Paragraphs I through 6 above of Defendant's Answer to Plaintiffs' Complaint are incorporated herein by reference as though set forth in full. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 8 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 9 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. 10. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth or veracity of the allegations contained in paragraph 10 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. 11. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth or veracity of the allegations contained in paragraph 11 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. 12. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 12 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Paige Pynos, demands judgment in her favor and against the Plaintiffs, plus costs and such other and further relief as this Honorable Court deems just and appropriate under the circumstances. COUNT H - Gerald L. Stutting, Plaintiff v. Paige Pynos, Defendant 13. Paragraphs 1 through 12 above of Defendant's Answer to Plaintiffs' Complaint are incorporated herein by reference as though set forth in full. 14. Denied. The allegations raised in paragraph 14 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 14 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. 15. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 15 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. 16. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 16 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Paige Pynos, demands judgment in her favor and against the Plaintiffs, plus costs and such other and further relief as this Honorable Court deems just and appropriate under the circumstances. NEW MATTER 17. Paragraphs 1 through 16 above of Defendant, Paige Pynos' Answer to Plaintiffs' Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. 19. No act or failure to act on the part of Defendant was a substantial factor in bringing about Plaintiff's alleged injuries and damages. 1702. 20. Plaintiff has not sustained a serious injury as defined by Act 1990-6, 75 Pa.C.S.A. Sect. 21. Plaintiff's claim for non-economic damages may be barred because Plaintiffhas elected the limited tort option as set forth in Act 1990-6, 75 Pa.C.S.A. Sect. 1705(b)(3)(d). 22. Plaintiff, Jennifer R. Stutting, was contributorily and/or comparatively negligent, which contributory and/or comparative negligence was a substantial factor in bringing about her alleged injuries and damages. 23. The instant accident was caused as the direct and proximate result of the negligent, careless and reckless manner in which Plaintiff, Jennifer R. Stutting, operated her vehicle as follows: a. Failing to keep alert and maintain a proper watch for the presence of other vehicles on the roadway; b. Failing to drive her vehicle with due regard for the highway and traffic conditions which were existing and, of which she should have been aware; c. Failing to keep proper and adequate control over her vehicle; d. Failing to drive at a safe and prudent speed; and e. Failing to make a proper change of lanes consistent with the requirements of the Pennsylvania Motor Vehicle Code. 24. Plaintiff's claim is barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 25. PlaintiW s alleged injury or damages were the result of acts or omissions by third parties over whom Defendants have no responsibility or control. 26. Defendant, Paige Pynos was confronted with a "sudden emergency." 27. At all times relevant hereto, Defendant, Paige Pynos, acted carefully, lawfully, properly and prudently, with due care under the circumstances. 28. The injuries and damages that Plaintiff claims she has sustained in this motor vehicle accident may have pre-existed this accident and were not caused as a result of this accident. WHEREFORE, Defendant, Paige Pynos, demands judgment in her favor and against the Plaintiffs, plus costs and such other and further relief as this Honorable Court deems just and appropriate under the circumstances. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Attorney I.D. No. 56684 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Paige Pynos VERIFICATION I, Paige Pynos, hereby verify that the statements made in the foregoing Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. {}4904 related to unsworn falsifications to authorities. Dated: ,a~' g .~'~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Civil Action - Law Plaintiffs, : : vs. : No. 01-6865 : PAIGE PYNOS, : Defendant. : Jury Trial Demanded /x~ CERTIFICATE OF SERVICE AND NOW, this ¥! day of February, 2002, I, Lisa M. DiBernardo, a member of the finn of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Defendant's Answer and New Matter to Plaintiffs' Complaint, via first-class mail, postage prepaid, addressed to the party or attorney of record as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (Plaintiffs' Counsel) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS LISA M. DiBERNARDO, ESQUIRE Attorney I.D. No. 56684 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Paige Pynos JENNIFER R. STUTTING and GERALD L. STUTTING, her husband Plaintiffs VS. PAIGE PYNOS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6865 CIVIL TERM : CIVIL ACTION : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW COMES the Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, by and through their attorney, Coyne & Coyne, P.C. and aver the following Reply to Defendant's New Matter. 17. No reply is required as the averments and answers thereto are issued. 18. Denied. It is denied that the Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. By way of further Reply, it is alleged the Complaint does state a cause of action upon which relief should be granted. Strict proof is demanded at trial. 19. Denied. It is specifically averred that Defendant act or failure to act was the sole factor in bringing about the Plaintiffs' injury and damages. Strict proof is demanded at trial. 20. Denied. It is denied Plaintiff did not suffer serious bodily injuries. On the contrary the Plaintiff did suffer serious bodily injuries. Strict proof is demanded at trial. 21. Denied. It is denied that Plaintiffs' claim for non-economic damages is limited by Plaintiffs' election for limited tort. Strict proof is demanded at trial. 22. Denied: It is denied that the Plaintiff, Jennifer Stutting is contributory and/or comparatively negligent which negligence was a substantial factor in bring about her injuries and damages. Strict proof is demanded at trial. 23. Denied. The allegations inserted in this paragraph state conclusions of law to which no replies are required. To the extent that Replies are deemed necessary, it is specifically denied that the Plaintiff, Jennifer R. Stutt/ng was negligent, careless and reckless in operating her vehicle and alleged actions were the direct and proximate cause of the motor vehicle impact. It is specifically denied that Jennifer R. Stutting was negligent, careless and reckless in the following regards: (a) Failing to keep alert and maintain proper watch for the presence of other vehicles on the roadway. (b) Failing to drive her vehicle with due regard for the highway and traffic conditions which were existing and, of which she should have been aware. (c) Failing to keep proper and adequate control over her vehicle. (d) Failing to drive at a safe and prudent speed. (e) Failing to make proper changes of line consistent with the requirement of the Pennsylvania Motor Vehicle Code. By way of further reply, strict proof is demanded at trial. 24. Denied. It is denied the Plaintiffs' claim is barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. Strict proof is demanded at trial. 25. Denied. Plaintiffs lack sufficient knowledge upon which to formulate a Reply and the allegation is denied. Strict proof is demanded at trial. 26. Denied: It is denied that Defendant was confronted with a "Sudden Emergency." By was of further Reply, the "sudden emergency doctrine" is not applicable to the facts in this case. Strict proof is demanded at trial. 27. Denied. It is denied that the Defendant acted carefully, lawfully, properly and prudently and due care under the circumstances. Strict proof is demanded at trial. 28. Denied. It is denied that the Plaintiffs' injuries and damages sustained in this motor vehicle impact were not caused by the motor vehicle impact itself. By way of further Reply, the injuries and damages were caused by the Defendant's negligence which, in turn, caused the motor vehicle impact. Further it is averred that the motor vehicle impact may have aggravated or exasperated some conditions that the Plaintiff, Jennifer R. Stutting, may have had prior to the motor vehicle impact. Strict proof is demanded at trial. WH~:REFORE, the Plaintiffs demand judgment in their favor and against the Defendant plus interest, docket costs and other relief that this Honorable Court deems just and appropriate. Respectfully submitted, COYNE & COYNE, P.C. Dated: 3 9~0 iliI1NRMYar~etC sOreSt' ESQUIRE- / -- Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 VERIFICATION The facts set forth in the foregoing are tree and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A.. § 4904. Dated: Dated: CERTIklCATE OF SERVIC~ I, Henry F. Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of Plaintiffs' Reply to Defendant's New Matter was served this date upon the below-referenced individuals at the below listed address by way of First class mail, postage prepaid: Lisa M. DiBemardo, Esquire Griffith, Stficker, Lerman, Solymos & Calkins 110 South Northern Way York PA 17402-3737 Dated:~~ 3901Market S~eet Camp Hill, PA17011-4227 (717) 737-0464 Pa.S. Ct. No. 06250 Cz c~ ~) JENNI~'ER R. STUTTING and GERALD L. STUTI'ING, her husband Plaintiffs "VS. PAIGE PYNOS, Defendant : IN THE COURT OF COMMON PLF. AS OF : CUIVIBERLAND COUNTY, PENNSYLVANIA : NO. 01-6865 CIVIL TERM .* : CIVIL ACTION : JURY TRIAL DEMANDED PLA1NflFFS' ANSWERS TO FIRST SET OF IINTERROGATORIES OF DEFENDANT'S TO PLAINI'Ig'FS' - SET NO. 1 Pleases~teyo~fullname, dateofbirthandp~sentad~ess. ANSWER: Jennifer R. Stutting September 12, 1974 38 Spring Lane Road, Dillsburg, PA 17019 2. ~e~e identi~ your current employ~ by name and ad.ess, state your job rifle, describe your ¢~vloyment duties and mspons~ilities and state your current ~Come, hourly an~ur w~y an~or monthly an~or annualS. ANSWER: H±gi"~ark, P. 0. Box 890089, Camp H±ll, PA 17089-0089 Other ParCy: L±a.b±~Cy - C~erk (OPL) Typ±ng $19,853.00 ~nnual~y - 3. Please identify your employers for the past five years, providing the same information requested for each employer as requested in Interrogatory No. 2 above. ANSWER: Same as No. 3, above. 4. What is your social security number? ANSWER: 192-54-1551 5. Describe any and aH accidents and/or personal injuries and/or disabilities and infirmities you have suffered before the accident herein sued upon, giving the date, place, and parties involved in each such accident. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) ANSWER: 6. State the names and addresses of all doctors and hospitals where you have been treated either as in-patient or out-patient fo~ the past ten years preceding the date of this accident, the nature of the ailment, illness, or other reason, for which such doctor was consulted, and give the approximate 2 dates, designating each. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) ANSWER: (a) Brian E. Cohen, M.D. 1 Lemoyne Square Lemoyne, PA 17043 Tubal Ligation at Harrisburg Hospital, PA (b) Shepherdstown Family Practice 2140 Fisher Road Mechanicsburg, PR 17055 Primary Family Medical Doctor (1994 to Present) Of your own knowledge, what injuries did you receive in the accident involved in this case? ANSlWER: Refer to Paragraph 8 of the Complaint;plus aggravation of inflammatory lower bowel syndrome and eating disorder. 8. Please set forth the full name and address of each and every doctor, hospital or other medical person who has attended or exanfmed you as a result of the within accident and the sums of money paid and/or owing to each for services to you. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) ANSWER: (a) Shepherdstown Family Practice 2140 Fisher Road Mechanicsburg, PA 17055 (b) Bowmansdale Family Practice (c) 1 Kacy Court, Suite 101 Mechanicsburg, PA 17055 Neurology Center, P.C. 857 Poplar Church Road Camp Hill, PA 17011 (d) Emergency Room & Radiology Holy Spirit Hospital North 21s* Street Camp Hill', PA 17011 (e) Orthopedic Institute of Central PA, Ltd 4 Malin/Polachek, M.D. 99 November Drive Camp Hill, PA 17011 (f) PA Spine Institute William Beuter, Jr. M.D. 805 Sir. Thomas Court Harrisburg, PA 17019 (g) Grandview Office Center 179 Lancaster Boulevard Mecbanlcsburg, PA 17055 (h) Health South 175 Lancaster Boulevard Mec~n~csburg, PA 17055 (i) Physicians of Spinal Rehabilitation, Industrial and Spine Medicine,. P.C. 450 Poplar Church Road Camp Hill, PA 17011 (j) McCuen & Associates Physical Therapy, 240 Grandview Avenue, Suite 101 Camp Hill, PA 17011 P.e. litigation? (See Exhibit ~'A," dated 1/23/02 for itemization of partial expenditures) On wh~ d~e didyoulastworkpfiorto theaccidentwhichis thesubjectofthis ANSWER: December 17, 1999. I0. If you have returned to work, either on a full-time or part-time basis, when did you return and state whether the return has been to full-time or part-time employment, and specifically, what amount of time have you lost from your reguIar place of employment and state exactly how much income you claim you lost as a result of this accident, from the date of said accident up to and including the present? ANSWER: Jennifer will obtain data from employer. (See Exhibit "B," dated 2/18/02 attached hereto) 11. Of your own knowledge, will it be necessary for you to have future medical treatment by reason of the within accident and, if so, who advised you of the need for treatment and descn'be the type of treatment discussed. ANSWER: I still experience pain in my back and in my left leg. Dr. Builter, M.D. said I fractured the disc but it did not touch my spinal nerve. In the future I may require a spinal fusion. Future medical treatment is unknown at the present time. 12. Desen'be any and all accidents and/or personal injuries you have suffered since the accident here sued upon, giving dates, time and place, parties involved and injuries involved. ANSWER: (a) Fracture to left foot occurred when I tripped at rear door of my residence on December 13, 2001. (b) I was going north on U.S. Route 11 & 15 in the inner lane; I stopped behind traffic at-a traffic signal,my vehicle was struck from behind by Mark Connelly on November 14, 2001. (See Camp Hill Police Department Accident Report No. 200-243, attached) 13. Do you know of any person who witnessed the alleged occurrence or who has any knowledge of the relevant facts concerning the nature, character and extent of the injuries, disabilities, 7 damages, losses or expenses sustained by you as a result of the occurrence and for which claim is being made in this action? If so, for each person, state: (a) the name and last-known address; Co) a detailed description of the relevant facts known; (c) whether written or otherwise recorded statement has been taken, and, if so, the name and address of the person taking the statement and the person in present custody of the statement; and (d) if you will do so without.a Motion to Produce, attach a copy of each statement to your Answers to these Interrogatories. attached. ANSWER: See Camp Hill Borough Police Accident Report No. 99-283, 14. State the name, address, occupation and field of specialization, if any, of each person whom you expect to call as an expe~t wimess at trial, and state as to each the subject matter on which the expert is expected to testify. 8 ANSWER: Unknown at the present time. 15. Set forth the qualifications of all those persons listed in the Answer to the preceding Interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each experts Curriculum Vitae or resume.) ANSWER: Not Applicable 16. Set forth the facts to which each expert you have listed is expected to testify. ANSWER: Not Applicable 17. Set forth the opinions to which each such expert is expected to testify. ANSWER: Not Applicable 9 18. At the time of th/s accident, were you covered by any policy of insurance which protected against the loss which is the subject of this action including but not limited to health insurance and/or disability insurance? If so, state for each such policy: (a) Co) (c) (d) (e) the name, principal place of business and telephone number of the insurer; the name, address and telephone number of the named insured; the policy number; the effective dates of coverage; the amount of coverage, specifying the terms thereof ANSWER: (a) State Farm Fire and Casualty Insurance, One State Farm Drive, Concordville, PA 19339, (717) 766-1331 (b) Gerald R. Stutting, Jr., 38 Spring Lane Road, Dillsburg, PA 17019, (717) 432-7860 (c) Policy No. S92 3912-E14-38J 000 Claim No.38J464-702 (d) Unknown ( e ) Unknown 19. Identify by name, address, and subject matter of testimony all trial witnesses you int~end to call. 10 ANSWER: Plaintiffs at the present time and possibly Estrella Masson, 1196 Knisely Road, Camp Hill, PA 17011. 20. Describe the footwear you were wearing at the time of your fall ANSWER: Plaintiff, as a result of the impact, did not suffer a fall. 21. Have you, at any time, or are you currently preparing or maintaining any records, notes, logs, ledgers or diaries that in any way describe .your injuries, treatments, or activities since the accident? ANSWER: Yes, however documents were given to my legal counsel, Attorney Henry F. Coyne. JENNIFER R. STUrrlNG GEKALD L. STUTILNG 11 VERIFICATION The facts set forth in the foregoing are hue and correct to the best of the undersigned's . knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A.. § 4904. Dated: Dated: CERTI/~ICATE OF SERVICE I, Henry F. Coyne, Esquire, hereby certify that true copies of the Plaintiffs' Answer to Defendant's Interrogatories have been served upon the below-referenced individuals by sending the same by first class mail, postage prepaid, addressed as follows: Lisa M. DiBernardo, Esquire Griffith, Stricker, Lerman, Solymos & Calkins 110 South Northern Way York PA 17402-3737 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 12 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, Plaintiffs, VS. PAIGE PYNOS, Defendant. Civil Action - Law No. 01-6865 Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this 5th day of April, 2002, !, Lisa M. DiBemardo, a member of the finn of GPdFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Defendant's Answers to Plaintiffs' Interrogatories, via first-class mail, postage prepaid, addressed to the party or attorney of record as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (Plaintiffs' Counsel) BY: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS LISA M. DiBERNARDO, ESQUIRE Attorney I.D. No. 56684 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Paige Pynos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, Plaintiffs, VS. PAIGE PYNOS, Defendant. Civil Action - Law No. 01-6865 Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this 23ra day of May, 2002, I, Lisa M. DiBernardo, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendant's Request for Production of Documents, Set No. 1 to Plaintiffs, via first-class mail, postage prepaid, addressed to the party or attorney of record as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (Plaintiffs' Counsel) BY: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS LISA M. DiBERNARDO, ESQUIRE Attorney I.D. No. 56684 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Paige Pynos IN THE COURT OF COMMON PLEAS OF CUMBERLAND CouNTy, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Civil Action Plaintiffs, : : vs. : No. 01-6865 : PAIGE PYNOS, : Defendant. : Jury Trial D~ PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire of G Solymos & Calkins, as attorneys for the Defendant, Paige Pynos, in the ab mark the docket accordingly. GRIFFITH, STRICKLER, SOLYMOS & CAt MICHAEL B. SCHEIB, Supreme Court I.D.//63 110 South Northern Wa York, PA 17402 (717) 757-7602 Law handed O Pa.R.C.P. 1012 iffith, Strickler, Lerman, ave-captioned matter and ESQUIRE ~68 Dated: June {~ 2002 Attorneys for Defendanl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, Plaintiffs, VS. PAIGE PYNOS, Defendant. Civil Action No. 01-6865 Jury Trial CERTIFICATE OF SERVICE AND NOW, this I ~ day of June, 2002, I, Michael B. Scheib, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby, served a copy of the Praecipe for Entry of Appearance via first-cl~ addressed to the party or attorney of record as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (Plaintiffs' Counsel) GRIFFITH, STRICKLER, SOLYMOS & CAI BY: Michael B. Scheib, Attorney for Defen, Supreme Court I.D 110 South Northen York, Pennsylvani, Telephone: (717) 7 klr/pynos-prp.z Law :manded a member of the firm of :ertify that I have this date ~s mail, postage prepaid, LERMAN, KINS Esquire lant, Paige Pynos No. 63868 · Way 17402-3737 57-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~ JENNIFER R. AND GERALD L. STUTTING, Plaintiffs, VS. PAIGE PYNOS, : Defendant. : Civil Action PENNSYLVANIA No. 01-6865 Jury Trial De: PRAECIPE FOR WITHDRAWAL OF APPEARANI Law nanded TO THE PROTHONOTARY: Kindly withdraw the appearance of Lisa M. DiBernardo, Esquire, as Paige Pynos, in the above-entitled matter and mark the docket accordingly. BY: GRIFFITH, STRICK SOLYMOS & LISA M. DiBERNAR Attorney I.D. No. 566 110 South Northern York, Pennsylvania (717) 757-7602 Attorney for Defenda .ttorney for the Defendant, ,ER, LERMAN, CALKINS 90, ESQUIRE ay 7402 t, Paige Pynos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~ JENNIFER R. AND GERALD L. STUTTING, : Civil Action - Plaintiffs, : : vs. : No. 01-6865 : PAIGE PYNOS, : Defendant. : Jury Trial Del CERTIFICATE OF SERVICE AND NOW, this~ day of June, 2002, I, Lisa M. DiBemardo, a membe STRICKLER, LERMAN, SOLYMOS & CALK1NS, hereby certify that I have Praecipe for Withdrawal of Appearance, via first-class mail, postage prepaid, attorney of record as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (Plaintiffs' Counsel) GRIFFITH, STRICKI_ SOLYMOS & BY: LISA M. DiBERNAPd Attorney I.D. No. 5661 110 South Northern W York, Pennsylvania 1' (717) 757-7602 Attorney for Defendan PENNSYLVANIA ~aw aanded · of the firm of GRIFFITH, this date served a copy of addressed to the party or ER, LERMAN, CALKINS )O, ESQUIRE .4 ay '402 :, Paige Pynos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : : VS, : : PAIGE PYNOS, : Defendant. Civil Action - Law No. 01-6865 Jury Trial Demanded DEFENDANT PYNOS' MOTION TO COMPEL COMPLIANCE WITH SUBPOENAS This lawsuit arises out of a motor vehicle accident which occurred on December 17, 1999. 2. Plaintiff initiated the lawsuit with the filing of a Writ of Summons on December 4, 2001. Plaintiff filed a Complaint on January 23, 2002. 3. In the Complaint, Plaintiff Jennifer Stutting alleges that as a result of the motor vehicle accident, she has suffered "severe injuries to her body in the nature of bruises to her chin; bruised left bicep; pain in her shoulders, neck and back; pain in the top of her leg; bruises on the top of her head; headaches, spasms and stiffness in her neck; pain in her back which radiates down both legs; lacerations of her chin; and chronic pain syndrome". (.See No. 8 of Plaintiff's Complaint which is attached hereto as Exhibit 1) 4. Counsel for Defendant has attempted to obtain Plaintiff's medical records. On April 29, 2002, Defendant served Plaintiff with a Notice of Intent to Serve Subpoenas. Pursuant to Pa.R.Civ. P. 4009.21, Plaintiff had 20 days to file any objection. Plaintiff did not file any objection within the 20-day period with either the Court or Defense counsel. {The Notice of Intent is attached hereto as Exhibit 2) 5. On May 31, 2002, Defendant requested the Cumberland County Prothonotary's Office to issue the subpoenas. Prior to this time, Plaintiff did not file any objections. 6. On June 5, 2002, Defendant served eleven {11) subpoenas on Plaintiff Stutting's health care providers. The subpoenas requested the custodian of records to produce Plaintiff's Stutting's medical records within 20 days. (A subpoena and a letter to a health care provider is attached as Exhibit 3) 7. On July 1, 2002, Plaintiff's counsel faxed a letter to Defense counsel. For the first time, Plaintiff's counsel registered an objection to the subpoenas. In addition, Plaintiff's counsel attached a copy of the letters he had sent to the health care providers. The letter to the health care providers is dated June 27, 2002 and directs the health care providers not to "release any documents or things per the subpoenas". (~See fax attached as Exhibit 4) 8. Since that time, several health care providers have indicated that they cannot produce records in response to the subpoenas because of Plaintiff's counsel's letter. (See letter attached as Exhibit 5) 9. The subpoenas were properly issued by the Cumberland County Prothonotary's Office and properly served by Defense counsel. 10. Pursuant to Rule 234.5, Defense counsel could file a motion to compel against every health care provider who has not produced Plaintiff Stutting's records. Rule 234.5 provides that the Court could issue a bench warrant or hold someone in contempt. 11. Defense counsel believes that the health care providers have not produced the records because of Attorney Coyne's June 27, 2002 letter. Thus, Defendant has elected to file this Motion. 12. Attorney Coyne did not file a timely objection to the subpoenas. Rather, he has written to each health care provider and instructed them to ignore a valid subpoena. In essence, Attorney Coyne has interfered with the discovery process and has advised individuals to ignore the Pa. Rules of Civil Procedure. 13. Even if the objection was timely, the objection has no merit. Attorney Coyne has requested that the subpoenas be ignored because they do not limit the request to records which relate to the motor vehicle accident of December 1999. 14. Ms. Stutting alleges that she suffered a multitude of problems because of the motor vehicle accident. What injuries and what treatment she received as a result of the motor vehicle accident will be the topic of expert testimony. To fully understand what injuries Plaintiff received because of the motor vehicle accident, defense medical experts will need to know Plaintiff's pre-existing problems and conditions. Similarly, defense medical experts will need to know what treatment Ms. Stutting received prior to the motor vehicle accident. 15. In addition, Ms. Stutting was involved in a subsequent motor vehicle accident. The experts may disagree as to what injuries, if any, were caused by the 1999 motor vehicle accident and what injuries were caused by the subsequent motor vehicle accident. 16. Finally, if Plaintiff's medical records contain items which Plaintiff alleges are not related to the alleged 1999 motor vehicle accident, then Plaintiff's counsel may file a motion in limine and request the Court for an Order precluding a witness from discussing these items at the time of trial. 17. Defendant files this Motion and requests the Court for an Order instructing the health care providers to ignore Attorney Coyne's letter of June 27, 2002 and to produce all records for Jennifer Stutting within 20 days. 18. Defendant has incurred additional expenses because of the Plaintiff's counsel's letter. Defendant requests the Court to order Plaintiff's counsel to pay Defendant's legal fees associated with this matter of $500.00. WHEREFORE, Defendant Pynos respectfully requests this Honorable Court to grant the Motion to Compel Compliance with Subpoenas. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: ~[ / ~~' MICH~~B, E-SQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant Pynos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : : VS. : PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this~day of July, 2002, I, Michael B. Scheib, a member of the finn of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendant Pynos' Motion To Compel Compliance With Subpoenas via first-class mail, postage prepaid, addressed to the party or attorney of record as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 170114227 (Plaintiffs' Counsel) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Attorney for Defendant, Paige Pynos Supreme Court I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402-3737 Telephone: (717) 757-7602 klr/pynos-prp.z Exhibit A JENNIFER IL STUTTING and GERALD L. STUTTING, her husband Plaintiffs VS. PAIGE PYNOS,' Defendant IN ~ COURT OF COMMON PI.F~AS OF CUMBERI,~ COUNTY, PENNSYLVANIA NO. 01-6865 CIVIL TERM CIVIL ACTION JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend agaln~ the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court our defenses or objections to the claims set forth apin~t you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court withom 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 TI-IIS PAPER TO YOUR LAWYER AT ONCE. n: YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, G-O TO OR TELEPHONE ~ OFFICE SET FORTH BELOW TO FIND OUT W~-rRRE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COYNE & COYNE, P.~ / 3901 Market Strut Camp I-lill, PA 170114227 (717) 737--0464 Pa. S,Ct. No: 06250 Attorneys for Plaintiffs TRUE COPY PROM RECORD m Testimony wnereot, I here unto set my ham~ a.~ the seal..gf said Cou.~.~n at Carlisle~ ~,,,.~.~ JEeR R. STUTTING and GERALD L. STUTTING, her husband Plaintiffs VS. PAIGE PYNOS, Defendant IN ~ COIJ-RT OF COMMON PI.F~AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6865 CIVIL TERM ~ ACTION JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, by and through their attorneys, Coyne & Coyne, P.C., and avers the following in support of the within Complaint. 1. Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, are adult individuals who reside at 38 Spring Lane Road, Dillsburg, York County, Penn.~ylvania. 2. Defendant, Paige Pynos, is an adult individual who resides at 326 Bosler Avenue, Lemoyne, Cumberland County, Pen~lvania. 3. On December 17, 1999, Defendant Paige Pynos owned, controlled and operated a 1994 Dodge Intrepid automobile and was traveling north in the inner lane of U.S. Routes 11 & 1~ at the vicinity of Camp Hill Shopping Center, Ca,,~, Hill, Cumberland~ County, Pennsylvania. 4. On December 17, 1999, Plaintiff Jennifer R. Stutting was traveling south in the inner lane on U. S. Routes 11 & 15 at the vicinity of the said Casrtp Hill Shopping Center, Camp Hill, Cumberland County, Pennsylvania. 2 the said Camp Hill Shopping Center; improperly crossed into the southbound lane in ~ont of the vehicle operated by Plaintiff Jennifer IL Stutting causing Defendant's vehicle to make a violent i~},aet with the vehicle operated by Plaintiff J~,,ifer IL Stutting. 6. The collision was due solely to the negligence and carelessness of the Defendant in that: On December 17, t999 Defendant turned her vehicle to the left toward the entrance of (a) Defendant operated her motor vehicle in a careless, reckless and negligent (b) Defendant operated her motor vehicle without due regard to the right, safety and position of the Plaintiff, Jennifer R. Starting; (c) Defendant failed to use due care under the circmsmces; (d) Defendant failed to keep a proper lookout for Plaintiff Jc..ifer 1L Smtting's motor vehicle; (e) Defendant operated her motor vehicle in disregard of the rules of the road and the laws of the Commonwealth of Pctmsylvarda; and (f) Defendant operated her motor vehicle in a careless disregard for the safety of Plaintiff, J¢~mifcq- IL Stutting, in failing to yield the right-of-way to the vehicle' operated by Plaintiff; Jennifer IL Starting which is in violation of the' Pennsylvania Motor Vehicle Code (75 Pa. C.S.A. Section 3322, as amended). COUNT NO. 1 Jennifer IL Stutting, Plaintiff vs. Paige .Py~os, Defendant 7. Plaintiff Jennifer 1L Stutting incorporates paragraphs 1 through 6 of the Complaint as if individually set forth within this Count. ~- 8. As a result of the collision'of the vehicles, Plaintiff suffered severe injuries to her body in the nature o£bruises to her chi,; bruised left bicep; pain in her shoulders, neck and back; pain in her middle finger; bruises to her sbi~ on both of her legs below the knees; abdominal pain; pain in the top of her leg; bruises on the top of her head; headaches, spasms and ~lT, less in her neck; pain in her back which radiates down both legs; lacerations of her chin; and chronic pain syndrome. 9. Additionally, the Plaintiff 3ennifer R. Stutting was rendered sick, sore, lame, prostrate, and disoriented, and was made to undergo great mental anguish and physical pain from which she suffered; still suffers and will continue to suffer for an indefinite time in the future. 10. In order to treat and attempt to remedy the aforesaid injuries, Plaintiff has been compelled to expend various s~mn~ of money for medicine and medical attention and care and she will be required to expend additional s~rm~ of money for the same purpose in flae future. 11. As a result of Defondant's negligent conduct, Plaintiff eontinue~ to receive professional medical care from the Shepherdstown Family Practice. 12. As a result of Defendant's negligent conduct, plaintiff was unable to perform her duties as a secretary at Highmark and was absent from work for a period of time. W'I:~.REFORE, Plaintiff Jennifer R.. Suttting respectfully requests that this Court find in her favor and against Defendant in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), plus interest and court costs. COUNT NO. H Gerald L. Stutting, Haintiffvs. Paige .Pynos, Defeodsnt 13. Plaintiff Gerald L. Stutting incorporates the preceding paragraphs 1 through 12 of this Complaint as if individually set forth within this Count. 14. As a result of Defendant'S negligence, Plaintiff Gerald L. Stutting has been deprived of the society, companionship, centn%utions, and consortium of his wife, Jennifer R. Smtting to his great detriment and loss. 15. As a result of Defendant's negligence, Plaintiff Gerald L. Stutting has incurred and will in the future incur large medical bills and expenses to treat his wife's injuries, which were sustained as a result of the collision. 16. As a result of Defendant's negligence, Plaintiff has suffered a disruption in his daily habits and pursuits and a loss of enjoyment of life's pleasures. WI~.~FORE, Plaintiff Gerald L. Stutting respectfully requests that this Court find in his favor and against Defendant in an mount in excess of Twenty-five Thousand Dollars ($25,000.00), plus interest and court costs. Dated: Respectfully submitted, COYNE & COYNE, P.C. HENRY F. COtq~rE, ESQUIRE 3901 Market SU'eet Camp Hill, PA t70t 1-4227 (717) 737-0464 Pa. S. Ct. No. 06250 ,dttorneys for Plaintiffs knowledge, ~forr~6on and b~d =~ ~re vet/fled subject to fl~e p~=16es for fahifi~on ~o m~hod~ies under 18 Pa. C~a- §~904. Dazed: CERTIFICATE OF SERVICE I, Henry F. Coyn¢, Esquire, of Coyn¢ & Coyne, P.C., hereby certify that tree copy of the foregoing Complaint was served this date upon the below-referenced individual at the below listed address first class mail, postage pre-paid: Robert A. L¢~man, Esquire Griffith, Strickler, Lerman, Solymos & Callcln~q 110 South Northern Way York, PA 17402 Counsel for Defendant Ms. Paig¢ Pynos 326 Bosler Avenue Lemoyne, PA 17043 Dated: ~,Z- ~ 0'2- 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Exhibit B LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRtCKLER ROBERT A. LERMAN" PETER D. SOLYMOS CHARLES B. CALl(INS PAUL G. LUTZ* MICHAEL B. SCHEIB* ROBERT H. GRIFFITH - OF COUNSEL *Also Member MD Bar *LL.M (Taxation); also Member CT Bar *Also Member NY and D.C. Bars 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: info~{3slsc.com Lisa M. DiBernerdo's EMAIL: Ldibemardo(~flslsc, com ANN MARGARET GRAB LISA M. DiBERNARDO THOMAS S. SPONAUGLE WAYNE E. SRADSURN, JR. KRISTI A. GOHN April 29, 2002 Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 RE: Jennifer 1L and Gerald L. Stutting v. Paige Pvnos Cumberland County C.C.P. No. 01-6865 Civil Term Dear Henry: Enclosed please fred a Notice of Intent to Serve Subpoenas on the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Brian E. Cohen, M.D.; Shepherdstown Family Practice; Bowraansdale Familiy Practice; Urology Center, P.C.; Holy Spirit Hospital; Orthopedic Institute of PA; Pennsylvania Spine Institute; Grandview Office Center; HealthSouth Rehabilitation; Physicians of Spinal Rehabilitation, Industrial and Spine Medicine, P.C.; McCuen and Associates Physical Therapy, P.C.; State Farm Fire and Casualty Insurance; High Mark; and Camp Hill Police Department. ~ 7 7./570 Page 2 April 29, 2002 Please advise if you will waive the 20 day notice. I will, of course, provide you with copies of all records received. Very truly yours, LISA M. DiBERNARDO vds/pynoswp.ltr Enclosure bcc: Stephen Granoff, CPCU, Litigation Specialist/Erie Insurance Group IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : VS. PAIGE PYNOS, Defendant. Civil Action - Law No. 01-6865 Jury Trial Demanded NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Lisa M. DiBemardo, Esquire, counsel for Defendant, Paige Pynos, intends to serve 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 record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Attorney I.D. No. 56684 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Paige Pynos SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TN ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : : VS. : . PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: Brian E. Cohen, M.D., 1 Lemoyne Square, Lemonye, PA 17043 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 records, reports, notes, charts, memoranda, medical bills X-ra re orts con*es ondence and other documentation ertainin tog_[0__J__ennifer R. 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: Lisa M. DiBemardo, Esquire Griffith, Stdckler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: By: Seal of Court Prothonotary SUBPOENA TO PRODUCE DOCUMENTS OR THINGS IN ~ COUKT OF COlVIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : VS. : PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: Shephcrdstown Family Practice, 2140 Fisher Road, Mechanicsburg, PA 17055 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 records, reports, notes, charts, memoranda, medical bills, X-ray reports, correspondence and other documentation perta n n.q to Jennifer R. Stutt ri,q, DOB - September 12, 1974; SS No. 192-54-1551. 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: Lisa M. DiBernardo, Esquire Griffith, Stdckler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: By: Seal of Court Prothonotary SUBPOENA TO PRODUCE DOCUMENTS OR THINGS COURT OF CO~V~ON PLEAS OF CUMBERLAND COUP'S", PE~I'SYLVA~IA JENNIFER 1L AND GERALD L. STUTTING, : Plaintiffs, : : VS. : PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: Bowmansdale Familiy Practice, 1 Kacy Court, Suite 101, Mechanicsburg, PA 17055 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 records, reports, notes, charts, memoranda, medical bills, X-ray reports, correspondence and other documentation pertain n,q to Jennifer R. StuffinR, DOB- September 12, 1974; SS No. 192-54-1551. 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: Lisa M. DiBernardo, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: By: Seal of Court Prothonotary SUBPOENA TO PRODUCE DOCUMENTS OR THINGS COL~T OF CO]VEv[ON PLEAS OF CUMbERlAND COUN'I~, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : : VS. . : PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: Urology Center, P.C. Or Neurology, 857 Poplar Church Road, Camp Hill, PA 1701 l 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 records, reports, notes, charts, memoranda, medical ~ ondence and other documentation ~, DOB - September 12, 1974; SS No. 192-54-1551. ertainin to Jennifer R. 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: Lisa M. DiBemardo, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: By: Seal of Court Pmthono~,y SUBPOENA TO PRODUCE DOCUMENTS OR THINGS COb"ET OF COZVEv~ON PLEAS OF CUMBER.EAND COt.TN"FY, PENNS~V~ JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : : VS. - : PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: Holy Spirit Hospital, North 21st Street, Camp Hill, PA 17011 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 records, reports, notes, charts, memoranda, medical bills, X-ray reports, correspondence and other documentation pertainin,q to Jennifer R. Stuff n.q, DOB- September 12, 1974; SS No. 192-54-1551. 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: Lisa M. DiBernardo, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northem Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: By: Seal of Court Prothonotary SUBPOENA TO PRODUCE DOCUMENTS OR THINGS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : : VS. . : PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: Orthopedic Institute of PA, 99 November Drive, Camp Hill, PA 17011 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 records, reports, notes, charts, memoranda, medical bills, X'ray reports, correspondence and other documentation pertain n,q to Jennifer R. Stuffing, DOB - September 12, 1974; SS No. 192-54-1551. 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 dght 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: Lisa M. DiBemardo, Esquire Gdffith, Stdckler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: By: SealofCourt Prothonotary SUBPOENA TO PRODUCE DOCUMENTS OR THINGS 1N THE COURT OF COMMON PLEAS; OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : : VS. ; PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: Pennsylvania Spine Institute, (William Bueter, Jr., M.D.) 805 Sir Thomas Court, Harrisburg, PA 17019 Within TWENTY (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: an and all records re orts notes charts memoranda medical bills X-ra re orts corres ondence and other documentation ertainin to Jennifer R. Stuttin DOB- Se tember 12 1974' SSNo. 192-54-1551. 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: Lisa M. DiBernardo, Esquire Gdffith, Stdckler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: Seal of Court By: Prothono~ry SUBPOENA TO PRODUCE DOCUMENTS OR THINGS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Civil Action - Law Plaintiffs, : : vs. : No. 01-6865 : PAIGE PYNOS, : Defendant. : Jury Trial Demanded TO: Grandview Office Center, 179 Lancaster Boulevard, Mechanicsburg, PA 17055 Within 'FWENTY (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records, reports, notes, charts, memoranda, medical bills, X-ray reports, correspondence and other documentation perta n n.q to Jennifer R. Stuff n,q, DOB- September 12, 1974; SS No. 192-54-1551. 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: Lisa M. DiBernardo, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: By: Seal of Cour~ Prothonotary SUBPOENA TO PRODUCE DOCUMENTS OR THINGS THE COURT OF COM]VION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : VS. PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: HealthSouth Rehabilitation, 175 Lancaster Boulevard, Mechanicsburg, PA 17055 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 records, reports, notes, charts, memoranda, medical ~n_dence and other documentation ~, DOB - September 12, 1974; SS No. 192-54-1551. ertainin to Jennifer R. 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: Lisa M. DiBernardo, Esquire Griffith, Strickler, Lerrnan, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: By: Seal of Court Prothonotary SUBPOENA TO PRODUCE DOCUMENTS OR THINGS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : VS. : PA[GE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: Physicians of Spinal Rehabilitation, Industrial and Spine Medicine, P.C. 450 Poplar Church Road, Camp Hill, PA 17011 Within TWENTY (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: an and all records re orts notes charts memoranda medical bills X-fa re orts con'es ondence and other documentation ertainin to Jennifer R. Stuttin DOB- Se tember 12 1974' SS No. 192-54-1551. 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 dght 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: Lisa M. DiBemardo, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: Seal of Court By: Prothonotary SUBPOENA TO PRODUCE DOCUMENTS OR THINGS IN THE COURT OF COMIvION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : : VS. : : PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: McCuen and Associates Physical Therapy, P.C. 240 Grandview Avenue, Suite 101, Camp Hill, PA 17011 Within TWENTY (20) days after service of this subpoena, you are ordered by the court to produce the following documents orthings: an andall records re orts notes charts memoranda medical bills X-ra re orts corres ondence and other documentation ertainin to Jennifer R. Stuttin DOB- Se tember 12 1974' SS No. 192-54-1551. 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: Lisa M. DiBernardo, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: By: Seal of Court Prothonotary SUBPOENA TO PRODUCE DOCUMENTS OR THINGS rN TH~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : : VS. : : PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: State Farm Fire and Casualty Insurance, 1 State Farm Drive, Concordville, PA 19339 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 insurance records, reports, notes, charts, memoranda, medical information, correspondence, photographs and other documentation peiiaininfl insured: Gerald R. Stutting, Jr.; Policy no. S923912-EI4-3glO00; claim no. 38,1464-702 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: Lisa M. DiBernardo, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: By: Seal of Court Prothonotary SUBPOENA TO PRODUCE DOCUMENTS OR THINGS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ENNIFER R. A_ND GERALD L. STUTTING, : Plaintiffs, VS. PA/GE PYNOS, Defendant. TO: High Mark, P. O. Box 890089, Camp Hill, PA 17089 Civil Action - Law No. 01-6865 Jury Trial Demanded Within TWENTY (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: an and all em Io ment records W-2s a lications ~~. ggd~ot.h~c_~a, tion ertainin to em Io ee: Jennifer R. Stuttin DOB 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 days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. or things required by this subpoena within twenty (20) This subpoena was issued at the request of the following person: Lisa M. DiBemardo, Esquire Griffith, Stdckler, Lerman, Solyrnos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: Seal of Court By: Prothonotary SUBPOENA TO PRODUCE DOCUMENTS OR THINGS 1N 'D*~. COURT OF COlvIlvION PLEAS OF CUlVIBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : : VS. : : PA]GE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: Camp Hill Police Dcparhncnt 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 records, reports, pertain n.q to an accident which occurred November 14, 2001 at or near U.S. Route 11/15, invo v n,q Jennifer R. Stutt n,q, accident report no. 200-243. 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: Lisa M. DiBemardo, Esquire Gdffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant Date: By: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Civil Action - Law Plaintiffs, : : vs. : No. 01-6865 : PA]GE PYNOS, : Defendant. : Jury Trial Demanded CERTWICATE OF SERVICE AND NOW, this 29~ day of April, 2002, I, Lisa M. DiBernardo, a member of the firm of GRIFFITH, STRICK.LER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the foregoing Notice of Intent to Serve Subpoenas, via first-class mail, postage prepaid, addressed to the party or attorney of record as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (Plaintiffs' Counsel) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS L~SA M. DiBERNARDO, ESQUIRE Attorney I.D. No. 56684 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Paige Pynos Exhibit C LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ' MICHAEL B. SCHEIB* ROBERT H. GRIFFITH - OF COUNSEL 'Also Member MD Bar 'LL.M (Taxation); also Member CT Bar *Also Member NY and D.C. Bars 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: info~slsc, corn Lisa M DiBernardo's EMAIL: Ldibernardo~s sc.corn ANN MARGARET GRAB LISA M. DiBERNARDO THOMAS B. SPONAUGLE WAYNE E. BRADBURN, JR, KRISTI A. GOHN June 5, 2002 Via Certified Mail Records Custodian Brian E. Cohen, M.D. 1 Lemoyne Square Lemonye, PA 17043 RE: Jennifer R. and Gerald L. Stuttin~ v. Pail~e Pvnos Cumberland County C.C.P. No. 01-6865 Civil Term Jennifer R. Stutting, DOB - September 12, 1974; SS No. 192-54-1551 Dear Records Custodian: You are being served with a subpoena to produce a complete copy of any and all records, reports, notes, charts, memoranda, medical bills, X-ray reports, correspondences and other documentation pertaining to Jennifer R. Stutting in your possession, as set forth in the attached Subpoena Duces Tecum, within twenty (20) days. We will reimburse you a reasonable per page copying cost. If you choose to use a records copying facility, we will not reimburse that records copying company for anything but a reasonable per page cost for each copy. Please sign and return the enclosed Certificate of Compliance with the records. Very truly yours, LISA M. DiBERNARDO vds/pynos.do¢ Enclosure cc: Henry F. Coyne, Esquire bcc: Stephen Granoff, CPCU, Litigation Specialist/Erie Insurance Group SUBPOENA TO PRODUCE DOCUMENTS OR THINGS IN THE COURT OF COMMON PLEAS OF CUMBER_LAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : : VS. : PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded TO: Brian E. Cohen, M.D., 1 Lemoyne Square, Lemonye, PA 17043 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 records, reports, notes, charts, memoranda, medical bills, X-ray reports, correspondence and other documentation pertaininq to Jennifer R. Stuttinq, DOB- September 12, 1974; SS No. 192-54-1551. 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. Date: This subpoena was issued at the request of the following person: Lisa M. DiBernardo, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court I.D. #56684 Attorney for Defendant J LL.~ ~ /-.~. ,~Q..~"~-~>.._ By: Seal of ~:;ourt 'Prothonotary, J.--"-- Exhibit D I'~:etw5~ ~-' Lisa ),i.srie Coyrie COYNE & COYNE ^ ?ROF'~sIO~AL CORPORATION ATTO~X/E¥$ AT LAW 3901 Marker &reef C:mp Hill, Pennsylvania 17011 422:. FAX T~NS~sSION 8~T 71 '/5': 75 l I: i 7!7-737-0464 F~: 717-737-5161 1 Date: ....... j...~__, / Fax Number: Total Number of P~g~s: / t_/ gneluding cover ~heet) T · ,C . - Telephon~ Number to Conlkm blaterJal: Name of Document: Q.~.q~io~/Problem Call: 717-737-0464 TIJiE INFOI~dI4ATION CONTAINED IN THIS, FAX blE$SAGE 18 TRAN$/%ffITED BI' AN' ATTORNEy. IT IS PRIVII__P_CI~B AND CO~ENTIAL IN'IIiNDED ONLY FOR TIIE USE OF T~I:I~; ABOVE NA~M:ED. IF THE READER OF THIS I~IESSAGE IS NOT ~ INTENDED R-ECI:PEgNT, i>LEASE BE ADVISED THAT ANY DI$$EltaIINATION, DISTRlllUIION OR. q:OI?~' OF TI-lIS CO~1311JNICAT/ON IS ES~TR~oCTLY i~ROitrmlTED. IF THIS CO~'fi~'I'LrI~CATION IYA$ BEEN RECEIVED I:N RROR, PLEAgE 12dMEDIATELY NOTIFY IM.E jsy TF-,:LEPHONE, COLI.~CT I:F NECESSARY, AND DESTROY TH/,S I~IF_~A~I~.. TIYANK YOU. Henry F. Coyne COYNE aCOrNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Lisa Marie Coyne 3901Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax:717-737-5161 June 28, 2002 VIA FA CSIMILE and First Class M, tt_ Michael B. Scheib, Esquire Gfi-ffith, Striclder, Lerman, Solymos & CaLk/ns 110 S. Northern Way York, PA 17402-3737 Dear Mr. Scheib: Jennifer R. and Gerald L Stutting v. Paige Pynos No. 01-6865 Civil Term (Cumberland CounOt) We represent Mrs. ~enni£er R. Stutting. Enclosed is a copy of my memo' to the providers of medical serv/ces to Mrs. Stutt~ng and upon whom you served a subpoena for documents. Also enclosed is my client's objection to the Subpoenas. Please contact me upon your receipt of this memo so that we can discuss my objections, hopefully, arrive at a mutually agreeable arrangement. I look forward to hearing from you. I-n~C/amd Enclosure Very truly yours, Cc: Mr. and Mrs. Gerald L. Stutting, w/encl. }{cnry ~', Coyne Marie Coyne A PROFESSIONAL CORPORATION ATTORNEYS AT LA~V 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0,ff;,~. Fax: 717-737-516i June28,2002 ?7,A F.4C,~I~¥II. LE attd First Cia.ss ~fail Michael B. Scheib, Esquire Girffifl:, Striclder, Lerman, Solymos & C-!kh,a I ? O $. Northern Way York. PA 17402-3737 Jennifer R. and Gerald L. Stutting v. Paige Pyno$ No. 01-6865 Civil Term (Cumberland County) F.~ar Mr. Scheib: We represent Mrs. Jennifer R. Stutting. Enclosed is a copy of my memo to the providers of medical services to N~s. St~.fftmg and ,pon whom you served a subpoena for documents. Also enclosed i~ ,n~ ,;llei;t's objection to the Subpoenas. Please contact me upon your receipt of memo so that we ~;m~ discuss my objections, hopefully, arrive at a mutually agreeable arrangerr~nt look forward to hearing from you. Very truly yours, }~FC/amd Cc: Mr. and 3,frs. Gerald L. Starting, w/encl. JENNIFER 1L STUTTING and GE1L,~LI) L. STUTTING, her husband Plaiqtif£~ P.&IGE PYNOS, Defendaat IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAiX3A NO. 01-6865 CIVIL TERM CIV'~ ACTION .IU'Ry TRIAL DEMANDED pLATNTIFF$' OBJECTION TO SUBPOENA ?I~RI~'ANT TO PA. R,¢-P- 4009.21 Jennifer R. St~:tting objects to the proposed Subpoena that ts attached to these objections for the f,~ti,'~-,~,ine- reasons: The Subpoena does not limit the request for documents to the injuries and treatmel~t R. Stutting received as the result o£a motor vehicle impact that occurred on December 17, 19.99. Dated: Respectfully submitted, COYN'E & COlq'qE, P.C. ¥ cdv El£sQumn 3901 Market $~eet Camp roll, PA 170~ (717) 737-04{~4 Pa. :S. Ct. No. 06250 ffenry F. Coyne I,i~n M~i~ Coyne Camp Hill, Permsylvama 17011-4227 717-737-0464 Fa.u: 71%737-516] .rune 27, 2002 .... 4 CERIYF££D M.4f£ 7099 3220 0009 6892 4259 NealthSouth Rehabilitation 175 Lancaster Boulevard Mechamcsburg, PA 17055 Re: Jenni/~r R. and Gerald £. Stutting v. Pai£e Pvnov Cumberland Coun(y C. CP. Ara 01-tf865 Civil Term Jennifer R. Stutting, DOB -- September 12, 1974 Jennifer R. $'tutting $$#_ 19244-1551 [)ear Records Custodian: We represent .rennifer k Stutting who was injured in an automobile collision. Mrs. Stutting c,mr,,enced legal action against Ms. Paige Pynos, the driver of the vehicle, which hit her. Recently. Lisa M. DiBemardo, attorney for Ms. Pynos, served upon you a Subpoena to Produce ;)c,a~ment.~ or Things regarding Mrs./ennifer R. Stutting. We have advised counsel for the Defende, m th~t urn objoot to tho ~ubpo~na ac it it ou~rlsr broad, intrudxr~, and l~gall3r objtotionablm I hereby direct fl~ut you do ~ut ,ok, ese a,y documct,,t,, l,~2ol'd.', of flllngg pe~ th,~ .qubpo,m~t ul:le,~, xr,(a until a UerUfied Order of Court executed by a ludse of the Court of Common Pleas of Cumberland County, is presented to you giv/ng you specific direetion~ concerning the release of Mrs. Stun/ng'g private medical records. If you have any questions cnru'.eming this important document, please contact me immediately. ]'bank you for your cooperation. Hi~C./emd Cc: Mrs. 3ermifer IL Stutting Michael B. Seheib, Esqu/re Very truly yours, te~.ry P. Coyne ],i.~ }Vfazia Coyne COYNE & ( OYNE A PROFESSIONAL A'I~I'ORNE¥S AT LAW 3901 Market Street Camp Hill, Pennsylvania 17011-4227 71%737-0.164 Fax: 717-737-5161 3uno 27, 2002 t-(~6..CERTIFIED M~Z_~.7099 3220 0009 6892 4247 Rccords Custodian Physicians of Spinal Rehabilitation Industrial and Spine Medicine, P.C. 450 Poplar Church Road Camp Hill, PA 17011 Re: Jennifer R. and GeraM L. Stutting, v~_Paif~ Cumberland County C CP. No. 01-6865 Civil Term Jennifer ~. $tutting, DO~-$~pletnber 12, 1974 Jennifer J~. Stutting S~ - 192-54-1551 Records Custodian: We represent Jermifcr R. Stutting who was injured in an automobile collision. Mrs. Stutting cmrznenced legal action against Ms. Paise Pynos, the driver of the vehicle, which hit her. ' '~ Recently, Lisa M. D/.Bemardo, attorney for Ms. Pynos, sem,-ed upon you a Subpoena to h'.oduce T)ocamenta or Th/ago rogarding Mrc. J~rmifer 1~_ Stutting. We h.ave advised counsel for the Defendant char we object to the Subpoena as it is overly broad, intrusive, and legally objeclionable. I lmeb~ direct that you do not release any doouments, recorda or thing, per the Subpoena unl~,'.~. ,~d ,,,;tila Certified Order of Court executed by a Judge of the Court of Common Pleas of Cumberland County, is presented to you g/ring you specific directions concerning the release of Mrs. Stuttin~"s ~:,r/vat¢ medical records. - I~'y~u l~a-,~ ar~y quoatio.aa oonoorning thio important docurrmnt, p~ea~e cnn.tact me {mmv'ali:Italy -thank you t'or your cooperation. Very truly yours, tIFC/a md Cc: Mrs. Jennifer R. Stuttjn/t Michael B. Scheib, Esquire i:,e~:zy F. Coyne Marie Coyne (,JOYNE & I, jO,,YNE A PROFESSIONAL CUR?ORATION ATTORNEYS AT LAW $901Mar~et Street Camp[-Iill, Pennsylvania 17011-4227 71 F~x: 717-737-5] (;] Sunc 27, 2002 Itt /.:.4 Cff. I~TIFIED M_d.I£ ?099 ~:L'U vO0~ 6,~93 ~00~ Records Custodian McCucn and Associate~ Physical ~apy, P.C. 2~4~ Grandview Avenue, Suite t01 Camp tIill, PA 17011 Dear Records Custodian: Jennifer R. and GeraM £. Stutttng v. Paige t%Zp~. Cumberland County C.C.P. No. 01-6865 Civil Term Jennifer R. Stuffing, DOB- September 12, 1974 Jennifer R. Stutting SS# - 192-54-1551 We represenl Iennifer R. Stutting who was injured in m~ automobile collision. ~fl's. Stutting :,*nunenced legal action against Ms. Paige Pynos, the driver of the vehicle, which hit her. Recently, Lisa M. DiBematdo, attorney for Ms. Pynos, served upon you a Subpoena to Produce i3.;,cument,, or Things regarding Mrs. Jennifer R. Stutting. We have advised counsel for the Defendan~ that we object to the Subpoena as it is overly broad, lntrustve, and legally objectionable. I hereby direct that you do not release any documents, records ur things pet' the Subpoena unless md until a Certified Chalet of Cotu t executed by a Judge of the Court of Common ?]eag of Cumberhnd C.:m.mty, i~ gteaeated to you giving you specific directions concerning the releaxe of M'n. Stutfing's ~rivate medical records. If you have any questions concerning this important document, please contact me immediately. Thank you for your cooperation. /~{FC/amd Cc: Mrs. Jennifer R. Stut~ing Michael B. Scheib, Esquire Very truly yours, J:,'¢t~ry F. Coyne f,}sa M~ie Coyne (..JOYNE & [_JO,,YNE A Pt'iOFESSIONAL CORPORATION ATTORNEYS AT L~W 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-7~7-0464 Fa,x: 717-737-516 June 27, 2002 CERTIFIED MAIL 7099 3220 0009 6892 8893 Records Custodian Brian E. Cohen, M.D. ! Lemoyne Square t.emo)am, PA 17043 J. ennifer R. and GeraM L. &utting v. Paige PYno~ Cumberland County C.C.P. No. 01-6865 Qvil l'enn Jennifer R. Stutting, DOB - September 12, 1974 Jennifer R. Stuttb~g SS#- 192-54-1551 De,r Records Custodian: We represcmt Jennifer tL Stutting who was injured m an automobile collision. Mrs. Sttmfi:g c..ammenccd legal action against Ms. Paige Pynos, the driver of the vehicle, which hit her. Recently, Lisa M. Di.Bemardo, attorney for Ms. Pynos, served upon you a Subpoena to Produce Documents or Things regarding Mrs. Jennifer R. Stutfing. We have advised counsel for the Defendant ~hat we object to the Subpoena as it is overly broad, intrusive, and legally objectionable. I hereby direct that you do not release any documents, records or things per the Subpoena unless ~:t,d m~til a Certified Order of Court exeouted by a ludge of the Court of Common Pleas nf (h~mberland ~2ounD', is presented to you giving you ~pccilic directions concerning the release of Mrs. $tutling'~ private medical records. If you have any questions concerning this imlx~rtan! doct~r0ent, please contact mc immediately. 'lllank you for your cooperation. Very ~-uly yours, itFC/amd N~rs. Jer, nifcr R. Stuttfng Michael B. Scheib, Esquire H~nry F. Coyne A PROFESSIONAL CORPOI:L4.TION ATTORNEYS AT L4.W 3901Market Street 717-737-0464 Camp }lill, Pannaylvania 17011-4227 Fax: 717-737-616! lune 27,2002 ~'.~d_C. ERTI~;YED MAIL 7099 3220 00.09 6892 9593 Records Custodian Holy Spirit Hospital Nm ~h 2 l't Street Camp ti/Il, PA 17011 Cumberland County C.C.P. No. 01-6865 Civil Term Jennifer R. Stutting, DOB - September 12, 1974 Jennifer R. Stutting SS#. 192-54-1551 Dear Records Custodian: We represent 3enni£er R. Sturting who was injured in an automobile collision. Mrs. Stuttir..g commenced legal action asaalst .Ms. I'aige r oa, thc driver of the vehicle, which kit he~. Recently, Lisa M. DiBema.rdo, attorney for Ms. Pynos, served upon you a Subpoena to ?roduce Documents or Things regarding Mrs. Jennifer R. Stuffing. We have advised counsel for the Defendau? that we object to the Subpoena a~ it is overly broad, inmasive, and legally objectionable. [ hereby direct that you do not release any documents, records or things per the Subpoena unless arid until a Certified Order of Cou_,'t executed by a Judge of the Court u£ Conmmn Pleas of Cumberland <..ounty, ia presented to you giving you specific directions concerning the release of Mrs. Sttnting's ~6vate medical records. If you have any questions concerning this important document, please contact me irnmediately. Thank you for your eoopera6on. [-IFC/a md ('c: M. rs. Jennifer R. Stutting Michael B. Scheib, Esquire Very truly yours, ~ur~ry t;' Coyne ~.,~_ea Ma~e Coyr~e & Co¥i ?AOI:'g.ggIONAi, COA?O~3?ION ATTORNEYS AT LAW $90i Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fa.x: 7] 7-737-5161 June 27, 2002 Rec~rd~ Custodian Netvology Curates, P.C. 857 Poplar Church Road Camp Hill, PA 17011 Dear Records Custodian: Re' ~nnifer R,.and Gerald L. Stutting v. Pa. igc PFnos Cumberland County C.C.P. No. 01-6865 Civil Term Jennifer R. Stutting, DOB - September 12, 1974 Jennifo'l~ StuffingS S#. 192 5.4 1551 We represent Jennifer tL Stutting who was injured in an automobile collision. Mrs. Stutiing commenced legal action against Ms. Paige Pynos, the driver of the vehicle, which hit her. Recently, Lisa M. DiBemardo, attorney for Ms. Pynos, served upon you a Subpoena to Produce Documents or Things regardiug Mrs. Jennifer R. Stutting. We have advised counsel for t.h.¢ Defendap. t llaa~ we object to the Subpoena as it is overly broad, intrusive, and legally objectionable. I hereby direct that you do nut release any doeument~, records or things per the Subpoena uaiess ~md until a Certified Order of Court executed by a Judge of the Court of Common Pleas of Cumberland County, is presented to you giving you specific directions concerning the release of Mrs. Stutting', private medical records. If you have any questions concerning this important document, please contact me inmlediate.ly. Thank you for your cooperation. Very truly yours, IrFC/amd Mrs. Jennifer R. Stutling Michael B. Scheib, Esquire Hen'c¥ F Coyne Lisa Marie Cayne CoYx . CoYx , A PROFP,,%~O~AL ATTORNEYS AT LAW 8901 Market Street Camp Hill, Fennsylvania 17011 ~227 71%737-046,1 F~x:717-737.516] June 27, 2002 709.9 3220 00_09 6892 427 :t Records Custodian Pennsylvania ,~plne h~stitute 805 Sir Thomas Court I{mrisburg, PA 17109 ~qM L. Stutting v. Paige. Pynos Cumberland Coun~ C.C.P. No. 01-6865 C%'vil Term Jennifer R, Stuttb;g, DOB - Seplember 12, 1974 Jennifer R. Stutting SS#- 192 54.1551 Dear Records Custodian: We represent Jennifer R. Stutfing who was injured in an automobile collision. Mrs. St~ltting, commenced legal action ag~tinst Ms. Paige Pynos, the driver of the vel'dele, which hit her. Recently, Lisa M. DiBemardo, attorney for Ms. Pynos, served upon you a Subpoena to Produce Doctrments or Things regarding Mrs. Jennifer IL Stutting. We have advised counsel for the Defendant that wc object to the Subpoena as it is overly broad, intrusive, and legally objectionable. I hcreby direct that you do not release any documents, records or things per the Subpoena unless and until a Certified Order of Court executed by a Judge of the Court of Common Pleas of Cumberland Comity, is presented to you giving you specific directions concerning the release of Mrs. Stut'ting's pnv-dte medical records. lfyou have ~my questions, concerning this important document, please contact me immediately. ]hank you for your cooperation. I IFC/amd Cc: Mrs. Jennifer R. Starting Michael B. Scheib, Esquire Very l~ly yours, Hen..v l/ Coyne Li-~a M'r.~rie Coyn¢ OOYNE & CO{flQE A ?ROFES$IONAL CORPORATION ATTORNEYS AT LAW 7177~75161 3901Market Street Camp Hill, Pennsylvani~ 17011-4227 71%757-0,t64 F&x:717-757.5161 ?,11 June 27, 2002 MAIL 7.099 $220 00.._0.9_ 6892.9616 Records Custodian 8hepherdsto~m Family Practice 21,10 Fisher Road M*ehamc~burg, PA 17055 Jennifer R. and Gerald Z. Stuttin~, v. Paiee PFno~. Cumberland County C.C.P. iVo. 01-6865 Civil Term Jenn~J~r X. Stutting, DOB - ,%lJ&,nb~r 12, 1974 Jennifer R. Stutting SS# - 192-$4.1551 De.~r Record, Custodian: We represent Jennifer 1L Stutting who was injured in an automobile collision. M_rs. Stuttmg commcmced legal action against Ms. Paige Pynos, the driver of thc vehicle, which hit her. Recently, Lisa M. DiBemardo, anomey for Ms. Pynu~, secved upon you a Subpoena to Pmducv Documents or 'Dz/.ngs regarding Mrs. Jennifer R. Stutting. We have advised counsel for the Defendant tlu~ we obj¢ot to the Subpoena a~ ~I ia m'crly broad, intru~i,e, and legally objectionable. I hereby direct that you do not release any documents, records or things per the Subpoena unless and ontil a Certitled Order of Cuml executed by a Judge of the Court of Common Pleas of C-'umberl~nd Co:tory, is presented to you gMng you ~pecific directions concerning the release nf Mrs. $Iutting's p: i,,,at~, medical rennrtlq. lfyou have any question, concerning thi.~, important docnment, pl¢i~e contact me immediately. Thank you for your cooperation. Very truly yom's, }iFC/amd Cc: Mrs. lennii%r R. Stutting Michael B. Seheib, Esquire COYNE & CO . i' E ATTORNEYS AT LAW 7!77 75 ,51 1&enry F. Coyne ].isa Marie Coyne 3901Market Street Camp Hill, Pennsylvat2a 1701 7t7.737-0,i64 Fax:717-737.5161 June 27,2002 K¢curds Custodian Bowmansdale Family Practice l Kacy Cou~t, Suite I01 Mecba~;icsburg, PA 17055 Dc~r Records. Custodian: Jennifer R. and Gerald L. Stuttin~ v. Pai~e._Pvnq_s Cumberland County C.C.P. No. 01-6865 Civil Term Jen,dfer R. 3:rotting, DOB - September t2, 1974 Jennifer R. ,glutting SS# - 192-54-1551 i hereby direct that you do not release a~y documents, records or things per the Subpoena unless aaa ~mtil a Certified Order of Court executed by a Judge of the Court of Common Pleas of Cumberland County, is presented to you giving you spccit]u directions conc¢,dng the release of Mm. Stutting's private medical records. If you have any quesuom concerning thi~ impu~ taut document, ?lea.~o oontaot m~ immediately 'I'hank you for your cooperafioa. Very truly yours, H'FCiamd Cc: Mrs. Jennifer R. Stutthlg Michael B. Scheib, Esquire Recently, Lisa M. DiBema.rdo, attorney for Ms. Pynos, sex-'ed upon you a Subpoena lo Produce Documents or Things regarding Mrs. Jcrmffer R. Smrdng. We have '-dvi~vd counsel for the Defendant that wc object to the Subpoena as it is overly broad, intrusive, and legally objectionable. We reprecent lennifer R. Stutting wh,, was injured in an automobile collision. Mrs. Stutting commenced legal action against Ms. Paige Pynos, the driver of the vehicle, ~vhich hit her. Marie Ooyne 3901Markel Street Camp I-Iill, Penn~ylvania 17011-4227 717-737-0464 /une 27,2002 V_f[,!..C_~'R2_'I_ffIED ~AIL 7099 ~22_0 0oo~ Records Custodian Orthopedic Institute of PA 99 November Drive Camp I[i11, PA IdOl t Re: ~enni['er R. and. Gerald £. Stutting v. Poi~_e Pvno$, Cumb~hmd County C.C.P. No. O1.6865 Civil Term Je,,aifer R. Stutting, DOB · S~ptemB¢r 1% 1974 Jennifer R. Stutting SS#- 192-54-l$$1 Dear Records Custodian: we represent Jcnni£~A R..qtutting who wa= injurad in an automobile collision. commenced legal action against M-~. Paige l:'ynos, the dr/vet of the vehicle, which hit her. Recently, Lisa M. Dil~emardo, attorney fm Ms. Pynos, served upon you a Subpoena to Pmdl,c¢ Documen~ m Things regarding Mrs. Jennifer ri. Starting. We have advised counsel for lhe Defendant thru wc object to the Subpoena as it i~ uv~xly broad, intrusive, and legally objectionable. I hereby direct that you do not release any documents, records or things per the Subpoena tm.less and unul a Certified Order of Court executed by a Judge of the Court of Common Pleas of Cumberland Count5,, is presented to you giving ~ou s~cific direction~ concerning the release of I~. Stutt/ng's private medical records. If you have any questions, concerning this important document, please contact me [rmaediately. ~'ha~tk ye, for your ¢ooperat/on. }iFC/amd Mrs. Jennifer R. Stl. l~ing Michael B. Scheib, Esquire Very truly yours, t{em.y F. Coyne L~a Marze Coyne a PROFESSIONAL CORPORATION ATTORNEYS AT 8901Market Street Camp tIill, Pennsylvania 17011-422? 717-737-0,164 717-73%5161 ,' 27, 2002 ~7~ '.~__F,.R. TIF[£D MMf;o 7~99 3220 0009 fi$92 426~_ Records ~stodian G~,d~ew Office Ceat~ 170 I.ancoster Boulevard M*'ch~nicsburg. PA 17055 Re- Dear Records Custodian: Jennifer R. and Gerald.£. $luttin_cLv. Paige PY'n_o_.2 Cumberland County C'. C:P. No. 01-d865 Civil Term J~n,dfer R. Stutting, DOB - S~ptember 12, 1974 Jennifer R. Stutting S$# - 192-J4-1331 We represent Jennifer IL Starting who was injured in an automobile collision. Mrs. Stutting commenced legal action agaimt Ms. Paige P)mo% the driver of the vehicle, which hit her, Recently, Lisa M. DiBemarflo, a~tomey for Ms. Pytau~, ~c, ~cd upo~ you a Subpeena to Produce Documents or ]'lungs regarding Mrs. Jcm,ifct R. Stinting. We have advised counsel for the Defendal~t that we ubjeet tn thc Subpoena a~ ,r is overly broad, ;,,I., u~iv¢, ~rtd legally objeotionable. 1 hereby direct that you do not release any ducuments, recorda or things per the Subpoena ~less and until a Certified Order of Court executed by a ludge of' the Court of Common Plea.q of Cumberland County~ is presented to you giving you specific directions concerning the release of Mrs. 8tutting's private medical records. if you have any qucstion~ concerning this important document, please c,dtt{.;,~l. ~ c itm~scdiatcly. ]'hank you for your cooperation. " I-IFC/amd Cc: Mrs. Jennifer R. S/uuing Michael B. Schcib, Esquire Very truly yours, Exhibit E Shepherdstown Family Practice, Pc 2140 Fisher Road ivlechanicsburg. PA 17055 717-766-1795 fax 717-697-6575 July 01, 2002 Griffith, strickler, Lerman, Soly~os & Calkins Attorneys - At- Law 110 South Northern Way York, PA. 17402 RE: Jennifer Stutting DOB: 09-12-74 SS: ~192-54-1551 Dear Sirs: Please find enclosed your check, in the amount of $84.89, for medical records on Jennifer Stutting' Per her attorney, Henry coyne, we are not to release her medical records. Any questions you may have may be directed to Coyne & Coyne Attorneys At Law, please see attached. Sincerely, Nikki Lobeck Enclosure: Letter, Check Member, Heritage Medical Group THE RLIH( TOH ( iROU? Enclosed please find your check num--l>er ~t ~ (~ t~ [ which has been marked void in the _amount of $ '~'$ '~ ~ for date of seawice '/- ~-o 2~ Your payment i~ being returned si-ncc payment from. you is not necessary at this time because: 1. Your payment is a duplicate payment. We have aiready been paid by your company on check number (see enclosed). 2. This account has been paid by another insurance company (see enclosed). Should you have any questions regarding the above, please feel fee to contact our office at (717) 652-9015. Thar~ you for your attention in this matter and have a great day. Sincerely, Arlingo~ O~o~ies im~n~ As~od~es South Cerml NeurolOg~C Assocates Managsme~t Ser'n'css · Accounts Receivable Department Enclosures 805 Sir Thomas Coufl e Harrisburg, PA 1710~ e(717) 652-2229 · Fax (717~ 652.4203 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, Plaintiffs, VS. PAIGE PYNOS, Defendant. Civil Action - Law No. 01-6865 Jury Trial Demanded CERTIFICATE PURSUANT TO LOCAL RULE 206-2 I, Michael B. Scheib, have sought the concurrence of Attorney Coyne. See letter dated July 8, 2002 attached hereto. His response is attached hereto. Thus, the motion was necessary. BY: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS MICHAEL B. SCHEIB, ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant Pynos ROBERT M, STRICKLER ROBERT A LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ' MICHAEL B. SCHEJB* ROBERT H GRIFFITH - OF COUNSEL °Also Member MD Bar 'LL,M (Taxation); also Member CT Bar *Also Member NY and D.C Bars July 8, 2002 LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: ~ fo~..qsls~c~co__m. Michael S. Scheib's EMAIL: M~scheib(~qs sc.com ANN MARGARET GRAB THOMASB. SPONAUGLE WAYNEE. BRADBURN, JR. KRISTIAGOHN COpy Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 RE: Jennifer R. and Gerald L. Stuttinq v. Pai.qe Pyno..; Cumberland County C.C.P. No. 01-6865 Civil Term Dear Mr. Coyne' I am in receipt of your fax dated June 28, 2002. You are absolutely correct that the subpoenas do not limit the request for documents to records which relate to the treatment Ms. Stutting received in the December 17, 1999 motor vehicle accident. My intention is to obtain all of Ms. Stutting's records. I would like to know whether she has any pre-existing problems. Furthermore, I would like to know if she has had any subsequent accidents or injuries. I respectfully request that you formally withdraw your objection. If you do not withdraw the objection I will have no recourse but to file a Motion to Compel with the Court. Please contact my office so that we can discuss the same and determine how I must proceed. Very truly yours, MICHAEL B. SCHEIB MBS/pynos,ltr.vds bcc: Stephen Granoff, CPCU, Litigation Specialist/Erie Insurance Group Claim No.: 010950234196 COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne 3901Market Street Camp HiH, Pennsylvania 17011-4227 717-737-0464 Fax:717-737-5161 July 19, 2002 Michael B. Scheib, Esquire Girffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Re: Jennifer R. and Gerald L. Stutting, Plaintiffs v. Paige Pynos, Defendant No. 01-6865 Civil Term (Cumberland County) Dear Mr. Soheib: I represent the Plaintiffs. I received your memos, dated June 28 and July 8, 2002. You and I had a teleconference on July 8, 2002 in which I told you I would confer with my clients and seek clarification regarding "Health South Rehabilitation Center" of Mechanicsburg, PA. During our teleconference noted above, I told you we would resist your efforts to obtain all of Mrs. Stutting's medical records. Very truly yours, HFC/amd COYNE & CO . Henry F. C ~ ~ Cc: Mr. and Mrs. Gerald L. Stutting, w/encl. JENNIFER R. AND GERALD L. STUTTING, Plaintiffs VS. PAIGE PYNOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6865 CIVIL CIVIL ACTION -LAW IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this ~' ' day of August, 2002, a brief argument on the within motion to compel is set for Thursday, August 29, 2002, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Henry F. Coyne, Esquire For the Plaintiffs Michael B. Scheib, Esquire For the Defendant )~A. Hess, J. :rim JENNIFER R. STUTTING and GERALD L. STUTTING, her husband Plaintiffs VS. PAIGE PYNOS, Defendant IN T~IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6865 CIVIL TERM CIVIL ACTION JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT PYNOS' MOTION TO COMPEL COMPLIANCE WITH SUBPOENAS AND NOW COMES the Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, by and through their attorney, Coyne & Coyne, P.C. and respond to Defendant'Pynos' Motion to Compel Compliance with Subpoenas. 1. Admitted. 2. Admitted. 3. Admitted. By way of further Answer, the Plaintiffs, wife, does not allege she had preexisting conditions that were aggravated when Defendant's vehicle struck the vehicle that Plaintiff, wife, was operating. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Plaintiffs' lack sufficient knowledge upon which to formulate an Answer. 9. Denied. Plaintiffs' lack sufficient knowledge upon which to formulate an Answer. 10. Admitted. 11. Admitted. 12. 13. 14. 15. Denied. Plaintiffs' counsel reputes that his action interfered with the discovery process. Further, Plaintiffs Counsel's actions were appropriate to insure the privacy of Plaintiffs, wife's medical records. Further, Defendant's issuance of Subpoenas sought medical records not pertinent to treatment of the injuries Plaintiffs, wife suffered as a result of Defendant's vehicle striking the vehicle that Plaintiff was operating. Admitted. Denied. Refer to Plaintiffs' Answer No. 12, above, that is incorporated herein. Denied. This issue has not been pleaded by Plaintiff and Defendant has not taken appropriate action, via discovery, to confirm such an event. 16. Admitted. However, it is paramount that Plaintiffs, wife's constitutional right to privacy not be compromised by medical providers responding to general Subpoenas. Further, the legal economy dictates that Defendant should be precluded from using general Subpoenas to discover data not germane to Plaintiffs' pleadings. 17. Denied. Refer to Paragraph 16, above, that is incorporated herein. 18. Denied. It is denied that Defendant suffered additional expenses due to Plaintiffs' letter to the medical providers who treated Plaintiffs, wife. Wherefore, Plaintiffs request your Honorable Court to deny Defendant's Motion to Compel Compliance with the general Subpoena. Respectfully submitted, COYNE & COYNE, P.C. 3901 Market Street ~J Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 CERTIFICATE OF SERVICE I, Henry F. Co)me, Esquire, of Co)me & Co)me, P.C., hereby certify that true copy of Plaintiffs' Response to Defendant Pynos' Motion to Compel Compliance with Subpoenas this date upon the below- referenced individuals at the below listed address by way of First class mail, postage prepaid: Michael B. Scheib, Esquire Griffith, Stricker, Lerman, Solymos & Calkins 110 South Northern Way York PA 17402-3737 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 JENNIFER R. AND GERALD L. STUTT1NG, Plaintiffs VS. PAIGE PYNOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6865 CIVIL CIVIL ACTION -LAW IN RE: DEFENDANT'S MOTION TO COMPEl, ORDER AND NOW, this -~q' day of August, 2002, for the reasons stated in Slayton v. Biebek 37 B&C 4th 140 (1998), it is ordered and directed that the defendant may serve subpoenas upon medical providers so long as the records requested by each subpoena are required to be forwarded directly to counsel for the plaintiffs. Counsel for the plaintiffs shall promptly review all such subpoenaed records and docmnents and forward to counsel for defendant all records which plaintiffs' counsel deems to be those relevant to this proceeding, along with a brief description of the records not provided and explanation as to why those records were not provided. Thereafter, if there are any unresolved disputes regarding the discovery of the subpoenaed records amd documents, counsel for defendant may file an appropriate motion with the court asking that there be an in camera inspection regarding any records that may be in dispute so that the court may determine if there is anything that is further discoverable. BY THE COURT, Hess, J. Foer~Y F. Coyne, Esquire the Plaintiffs ~ichael B. Scheib, Esquire For the Defendant :rim IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, : Plaintiffs, : VS. : : PAIGE PYNOS, : Defendant. : Civil Action - Law No. 01-6865 Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, thisCt ~ day of September, 2002, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served the Notice Of Intent To Serve Subpoena to Plaintiffs by United States Mail, addressed to the party or attorney of record as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (Plaintiffs' Counsel) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS MICIffAEL B. SCHEIB, ESQUIRE Attorney for Defendant, Paige Pynos Supreme Court I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402-3737 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, Plaintiffs, PAIGE PYNOS, : Civil Action - Law : : vs, : No. 01-6865 : : Defendant. : Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this L![¥~ day of December, 2003, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served the Notice Of Taking Depositions by United States Mail, addressed to the party or attorney of record as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (Plaintiffs' Counsel) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Attorney for Defendant, Paige Pynos Supreme Court I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402-3737 Telephone: (717) 757-7602 PRAECIPE FOR LISTING CASI'_FOR T__RIAL_ TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: {~3// for Jury Trial at the next term of civil court. { ) for trial without a jury. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, JENNIFER R. AND GERALD L. STUTTING, : Civil Action - Law Plaintiffs .. VS. : No. 01-6865 PAIGE PYNOS, : : Defendant : Jury Trial Demanded Civil Action - Law ( ) Appeal from Arbitration ( ) Other The trial list will be called on ~004. Trials COmmence on October 25~2004. ' - Pre-trials will be held on October 6 2004~. (Briefs are due 5 days before pre-trials). PENNSYLVANIA CC, (The party listing this case for trial should provide forthwith copy of the Praecipe to all counsel, pursuant to Local Rule 214.1) No. 01-6865 Civil 2004 Indicate the attorney who will try case for the party who files this Praecipe: Michael _B. Schei___b, Es_quire_ Indicate trial counsel for other parties if known: This case is ready for trial: Date: __~//~Jf _ Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street .~ .Camp Hi,~. PA 17011-4227 Signed: ~,__/~/~ ~ /~~ Print Name: ~MICH_AEL B. SCHEIB, ESQUIRE_ Attorney for: pefe_nda_nt Pynos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. AND GERALD L. STUTTING, Plaintiffs VS. PAIGE PYNOS, Defendant Civil Action - Law No. 01-6865 Jury Trial Demanded PRAEClPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-referenced matter as settled, discontinued and ended. COYNE & COYNE, P.C. By: HENRY F. C~)YNE, ESQUIF~ Supreme Court I.D. # Attorney for Plaintiff Stutting 3901 Market Street Camp Hill, PA 17011-4227 (717) 757-7602