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HomeMy WebLinkAbout01-1467 IN THE COURT OF C~N PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - 0() Law ( ) Equity GARY L. WOOD and DONNA L. WOOD, his wife 115 North Sporting Hill Road Mechanicsburg, PA 17050 OLEG SHUSTERMAN and GREGORY SHUSTERMAN 401 David Drive : Camp Hill, PA 17011 Plaintiff(s) & Address(es) versus Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUt.f,tONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff Richard H. Wix, Esquire wix, Wenger & Weldner 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Names/Address/ Telephon No. of Attorney Supreme Court ID No. 07274 Date: March 12, 2001 WR I T OF SUI-tttONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ) Check here PROTHON. - 55 if reverse is issued for additional information SHERIFF'S RETURN - REGULAR CASE NO: 2001-01467 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOOD GARY L ET AL VS SHUSTERMAN OLEG ET AL BRIAN BARRICK , Cumberland County,Pennsylvania, says, the within WRIT OF SUMMONS was served upon SHUSTERM_AN OLEG DEFENDANT , at 1508:00 HOURS, at 401 DAVID DRIVE CANP HILL, PA 17011 by handing to OLEG SHUSTERMAN a true and attested copy of WRIT OF SUMMONS Sheriff or Deputy Sheriff of who being duly sworn according to law, on the 15th day of March the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this /~ day of ~ ~ A.D. thonotary ~ ' So Answers: R. Thomas Kline 05/ 1/2001 WIX WENGER W~ER Deputy Sheriff SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01467 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WOOD GARY L ET AL VS SHUSTERMAN OLEG ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, SHUSTERMAN GREGORY unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT but was He therefore returns the WRIT OF SUMMONS the within named DEFENDANT MOVED LEFT NO FORWARDING ADDRESS , NOT FOUND , SHUSTERMAN GREGORY as to Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 not found 5.00 21.00 WIX WENGER & WEIDNER 0S/ll/200Z Sheriff of Cumberland County Sworn and subscribed to before me this /g~ Say of ~ Pr~onot ary ' GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1467 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PR~,ECIPE TO REINSTATE ~RIT OF SU~I~ONS To the Prothonotary: Please reinstate the Writ of Summons case. in the above-captioned Respectfully submitted, WIX, WENGER & WEIDNER Dated: 7/23/01 Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 SHERIFF'S RETURN - REGULAR CASE NO: 2001-01467 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOOD GARY L ET AL VS SHUSTERMAN OLEG ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS SHUSTERMAN GREGORY DEFENDD2qT at 1810:00 HOURS, at 401 DAVID DRIVE CAMP HILL, PA 17011 GREGORY SHUSTERMAN a true and attested copy of WRIT OF SUMMONS was served upon on the 30th day of July the , 2001 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /~--~ day of ~_o~,~,~ ~, A.D. PrOthonotary · So Answers: R. Thomas Kline 07/31/2001 WIX WENGER & WEIDNER By: GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs VS. OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1467 Civil Term CIVIL ACTION - LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days or suffer a judgment of non pros. Date: Respectfully submitted, NEALON & GOVER, P.C. Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 RULE TO THE PLAINTIFF: A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. Prothonotary CERTIFICATE OF SERVICE AND NOW, this /~-~ d~a~y of December, 2002, I hereby certify that ~ have served the foregoing Praecipe for Rule to File Complaint on the following by depositing a true and correct copy of same in the United States mai), postage prepaid, addressed to: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 Andrew C. Lehman, Esquire ~.~. GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs, VS, OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-1467 Civil Term CIVIL ACTION - LAW NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS TO: Gary L. and Donna L. Wood, and their attorney, Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 DATE OF NOTICE: March 10, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717/249-3166 Respectfully submitted, Date: NEALON & GOVER, P.C. Andrew C. Lehman, Esquire ~ I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants NO. 01-1467 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in wdting with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may Jose 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 MAY GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 NOTIClA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de ia demanda y la notificacion. Usted debe presentar una apariencia escr'~a o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1467 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and set forth the following Complaint. 1. The Plaintiffs are adult individuals, husband and wife, residing at 115 North Sporting Hill Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant Oleg Shusterman is an adult individual residing at 401 David Drive, Camp Hill, Pennsylvania 17011. 3. The facts and occurrences hereinafter related took place on or about Apdl 22, 1999 on Interstate Route 83 in the City of Harrisburg, Dauphin County, Pennsylvania. 4. At the time and place aforesaid, Plaintiff Gary L. Wood was operating a 1992 Chevrolet Lumina northbound on Route 83 in the right hand lane. 5. At the time and place aforesaid, Defendant Oleg Shusterman was operating a 1993 Nissan sedan northbound in the left hand lane of Route 83 when he lost control of his vehicle and struck the Plaintiff's vehicle in the rear, causing Plaintiff's vehicle to leave the highway and resulting in physical injuries to the Plaintiff Gary Wood, as well as damages to his vehicle. 6. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant in that he: a) b) operated his vehicle at a speed too fast for conditions then and there existing; failed to keep a proper lookout for other vehicles; c) d) reference. 8. operated his vehicle at a speed too fast to stop within the assured clear distance ahead; and Defendant failed to keep his vehicle in his own lane of travel. COUNT I GARY L. WOOD v. OLEG SHUSTERMAN Paragraphs 1 through 6 of this Complaint are incorporated herein by As a result of the collision, Gary Wood sustained sedous personal injuries, including, but not limited to, injuries to his back, neck, shoulders, soft tissue injuries, headaches and mental suffering and distress. 9. As a result of his injuries, Gary Wood sustained a serious impairment and curtailment of life activities, including an impairment of his ability to work. 2 10. As a result of the accident, Gary Wood incurred medical expenses in the treatment, medication and other miscellaneous expenses for his injuries, and may continue to incur medical expenses in the future for his injuries, for which a claim is asserted to the extent recoverable under the Motor Vehicle Financial Responsibility Law. 11. As a result of the accident, Gary Wood sustained, or may sustain, losses for which the following are legally recoverable categories of damages: a) past and future pain and suffering; b) past and future embarrassment, humiliation and mental anxiety; c) past and future incidental costs; d) past and future loss of life's enjoyment; and e) past and future loss of earnings and earning capacity. WHEREFORE, Plaintiff Gary Wood demands judgment against the Defendant in an amount in excess of mandatory arbitration limits, together with interest and costs. COUNT II DONNA L, WOOD v. OLEG SHUSTERMAN 12. The allegations of paragraphs 1 through 11 of this Complaint are incorporated herein by reference. 13. As the result of the aforesaid accident which caused personal injudes to Plaintiff Gary Wood, Plaintiff Donna Wood has suffered and may continue to suffer the 3 loss of companionship, comfort, society, services and other forms of consortion of her husband. WHEREFORE, Plaintiff Donna Wood demands judgment against the Defendant in an amount in excess of mandatory arbitration limits, together with interest and costs. Dated: Respectfully submitted, WIX, WENGER & WEIDNER By Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 VERIFICATION I, Gary L. Wood, have road the forogoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained theroin aro true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained theroin and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties heroto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, rolating to unswom falsification to authorities which provides that, if i knowingly made false averments, I may be subject to criminal penalties. Date: L. Wood CERTIFICATE OF SERVICE AND NOW, this 18th day of March, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Complaint this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C. Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 WIX, WENGER & WEIDNER GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO OPEN JUDGMENT OF NON PROS AND NOW come the Plaintiffs by their attorneys, Wix, Wenger & Weidner and set forth the following pursuant to Rule 237.3 of the Pennsylvania Rules of Civil Procedure. 1. Plaintiffs had instituted the above suit by the filing of a Writ of Summons. 2. A 10-Day Notice sent by counsel for the Defendant arrived at counsel for the Plaintiffs' office when he was out of the office, and was not aware of same until Notice of Judgment was entered. 3. Judgment of Non Pros was entered by the Prothonotary on March 10, 2003. 4. This Petition is filed within 10 days of the entry of the Judgment of Non Pros as required by Pennsylvania Rule of Civil Procedure 237.3. 5. Plaintiffs have a meritorious claim against the Defendant as is set forth in the Complaint attached hereto, marked Exhibit "A", incorporated herein by reference. WHEREFORE, Plaintiffs request your Honorable Court in accordance with Pennsylvania Rule 237.3 to open the Judgment of Non Pros and permit Plaintiffs to file the Complaint attached hereto in Exhibit "A". Respectfully submitted, WIX, WENGER & WEIDNER Dated: By Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claird$ se:.forth in th~ following pages, you must take action within twenty (20) days after this Complaint and Notice ~re servec by entering a written appearance personally or by attorney and filing in writing with the Court you defenses or objections to the claims set forth against you. You are warned that if you fail to do so th~ case may proceed without you and a judgment may be entered against you by the Court without furthe 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 YQU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTh BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o po: abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas er contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entra' una orden contra usted sin previo aviso o notificacion y pot cualquier queia o alivio que es pedido en I~ peticion de demanda. Usted puede perder dinero o sus propiedades o o~ros dereci:os impo'lan~es par~ us[ed. LLEVEESTADEMANDAAUNABODAGOINMEDIATAMENTE SI NOTIENEABOGADC O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIC!O. VAYA EN PERSONA C LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTR.A ESCrL,TA ABAJE PARAAVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCtA LEGAL COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 Exhibit "A" GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1467 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and set forth the following Complaint. 1. The Plaintiffs are adult individuals, husband and wife, residing at 115 No,th Sporting Hill Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant Oleg Shusterman is an adult individual residing a'. 401 David Drive, Camp Hill, Pennsylvania 17011. 3. The facts and occurrences hereinafter related took place on or about April 22, 1999 on Interstate Route 83 in the City of Harrisburg, Dauphin County, Pennsylvania 4. At the time and place aforesaid, Plaintiff Gary L. Wood was operating 1992 Chevrolet Lumina northbound on Route 83 in the right hand lane 5. At the time and place aforesaid, Defendant Oleg Shusterman ,,',as a 1993 Nissan sedan northbound in the left hand lane of Route 83 ,,,,'hen he lost co-:rD', of his vehicle and struck the Plaintiff-s vehicle in the rear, causing Plainti'~-s veh :le to leave the highway and resulting in physical injuries to the Plaintiff Gary Wood, as well as damages to his vehicle. 6. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant in that he: a) operated his vehicle at a speed too fast for conditions then and there existing; b) failed to keep a proper lookout for other vehicles; c) d) reference. 8. operated his vehicle at a speed too fast to stop within the assured clear distance ahead; and Defendant failed to keep his vehicle in his own lane of travel. COUNT I GARY L. WOOD v. OLEG SHUSTERMAN Paragraphs 1 through 6 of this Complaint are incorporated herein by As a result of the collision, Gary Wood sustained serious personal iniur[es, including, but not limited to, injuries to his back, neck, shoulders, soft tissue injuries, headaches and mental suffering and distress. 9. As a result of his injuries, Gary Wood sustained a serious impairment and curtailment of life activities, including an impairment of his ability to v, ork. 2 10. As a result of the accident, Gary Wood incurred medical expenses in the treatment, medication and other miscellaneous expenses for his injuries, and may continue to incur medical expenses in the future for his injuries, for which a claim is asserted to the extent recoverable under the Motor Vehicle Financial Responsibility La,,,,'. 11. As a result of the accident, Gary Wood sustained, or may sustain, losses for which the following are legally recoverable categories of damages: a) past and future pain and suffering; b) past and future embarrassment, humiliation and mental anxiety; c) past and future incidental costs; d) past and future loss of life's enjoyment; and e) past and future loss of earnings and earning capacity. WHEREFORE, Ptaintiff Gary Wood demands judgment agains: the Defendant in an amount in excess of mandatory arbitration limits, together with interest and costs COUNT II DONNA L. WOOD v, OLEG SHUSTERMAN 12. The allegations of paragraphs 1 through 11 of t~'s Comp!aint are incorporated herein by reference. 13. As the result of the aforesaid accident which caused personal injuries t~ Plaintiff Gary Wood, Plaintiff Donna Wood has suffered and may cont :'ue to suffer the loss of companionship, comfo~, society, services and other forms of consortion of her husband. WHEREFORE, Plaintiff Donna Wood demands judgment against the Defendant in an amount in excess of mandaton/arbitration limits, together with inte:est and costs. Dated: By Respectfully submitted, WIX, WENGER & WEIDNE,~ Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-30~9 (717) 652-8455 VERIFICATION I, Gary L. Wood, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as a~orney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if t knowingly made false averments, I may be subject to criminal penalties. GerbiL. Wood CERTIFICATE OF SERVICE AND NOW, this 18th day of March, 2003. I, Gaye Crist. an employee o; the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Complaint this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C, Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 171'I0 WiX, WENGER & WEIONER Gaye Orist CERTIFICATE OF SERVICE AND NOW, this 19th day of March, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Petition to Open Judgment of Non Pros this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C, Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 WIX, WENGER & WEIDNER Gaye Urist GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1467 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this z. 0`6 of r'~ ~,,_~.~ . 2003, the Petition having been timely filed in accordance with Pennsylvania Rule of Civil Procedure 237,3, it is hereby ORDERED that the Judgment of Non Pros filed on March 10, 2003, is hereby opened, and Plaintiffs are permitted to file the Complaint attached to their Petition. GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01~1467 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED BRIEF OF PLAINTIFFS IN SUPPORT OF PETITION TO OPEN JUDGMENT OF NON PROS This is an action for personal injuries arising out of a motor vehicle accident. The action was commenced by the filing of a Writ of Summons on March 12, 2001. Defendants issued a Rule to Plead upon the Plaintiffs, and it is admitted that Defendant sent a 10 Day Default Notice. A judgment of non pros was entered on March 10, 2003. Plaintiffs' filed a Petition to Open the Judgment of Non Pros on March 19, 2003. Rule 237.3 of the Pennsylvania Rules of Civil Procedure reads as follows: "(a) A petition for the relief from judgment of non pros or of default entered pursuant to Rule 237.1 shall have attached thereto a verified copy of the complaint or answer which the petitioner seeks leave to file. (b) If the petition is filed within ten days after the entry of the judgment on the docket, the court shall open the judgment if the proposed complaint or answer states a meritorious cause of action or defense." The Plaintiff's Petition was filed within ten days of the entry of judgment of non pros, and has attached to the Petition a Complaint setting forth a valid cause of action. Plaintiffs respectfully request your Honorable Court to open the Judgment of Non Pros and permit the Plaintiffs to file the Complaint attached to the Petition to Open Judgment. Respectfully submitted, WIX, WENGER & WEIDNER Dated: 3/19/03 By Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 2 CERTIFICATE OF SERVICE AND NOW, this 19th day of Mamh, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Brief of Plaintiffs in Support of Petition to Open Judgment of Non Pros this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C, Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 WIX, WENGER & WEIDNER 119 GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0%1467 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO OPEN JUDGMENT OF NON PROS AND NOW come the Plaintiffs by their attorneys, Wix, Wenger & Weidner and set forth the following pursuant to Rule 237.3 of the Pennsylvania Rules of Civil Procedure. 1. Plaintiffs had instituted the above suit by the filing of a Writ of Summons. 2. A 10-Day Notice sent by counsel for the Defendant arrived at counsel for the Plaintiffs' office when he was out of the office, and was not aware of same until Notice of Judgment was entered. 3. Judgment of Non Pros was entered by the Prothonotary on March 10, 2003. 4. This Petition is filed within 10 days of the entry of the Judgment of Non Pros as required by Pennsylvania Rule of Civil Procedure 237.3. 5. Plaintiffs have a meritorious claim against the Defendant as is set forth in the Complaint attached hereto, marked Exhibit "A", incorporated herein by reference. WHEREFORE, Plaintiffs request your Honorable Court in accordance with Pennsylvania Rule 237.3 to open the Judgment of Non Pros and permit Plaintiffs to file the Complaint attached hereto in Exhibit "A". Respectfully submitted, WiX, WENGER & WEIDNER Dated: By Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1467 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the;clair~.~ set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice ~re served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 NOTIClA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFIClENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 Exhibit "A" GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs Me OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1467 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and set forth the following Complaint. 1, The Plaintiffs are adult individuals, husband and wife, residing at 115 North Sporting Hill Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant Oleg Shusterman is an adult individual residing at 401 David Drive, Camp Hill, Pennsylvania 17011. 3. The facts and occurrences hereinafter related took place on or about April 22, 1999 on Interstate Route 83 in the City of Harrisburg, Dauphin County, Pennsylvania. 4. At the time and place aforesaid, Plaintiff Gary L. Wood was operating a 1992 Chevrolet Lumina northbound on Route 83 in the right hand lane. 5. At the time and place aforesaid, Defendant Oleg Shusterman was operating a 1993 Nissan sedan northbound in the left hand lane of Route 83 when he lost control of his vehicle and struck the Plaintiffs vehicle in the rear, causing Plaintiffs vehicle to leave the highway and resulting in physical injuries to the Plaintiff Gary Wood, as well as damages to his vehicle. 6. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant in that he: a) operated his vehicle at a speed too fast for conditions then and there existing; b) failed to keep a proper lookout for other vehicles; c) d) reference. 8. operated his vehicle at a speed too fast to stop within the assured clear distance ahead; and Defendant failed to keep his vehicle in his own lane of travel. COUNT I GARY L. WOOD v. OLEG SHUSTERMAN Paragraphs 1 through 6 of this Complaint are incorporated herein by including, but not limited to, injuries to his back, neck, shoulders headaches and mental suffering and distress. 9. As a result of his injuries, Gary Wood sustained a serious cur[ailment of life activities, including an impairment of his ability to work. As a result of the collision, Gary Wood sustained serious personal injuries, soft tissue injuries, impairment and 2 10. As a result of the accident, Gary Wood incurred medical expenses in the treatment, medication and other miscellaneous expenses for his injuries, and may continue to incur medical expenses in the future for his injuries, for which a claim is asserted to the extent recoverable under the Motor Vehicle Financial Responsibility Law. 11. As a result of the accident, Gary Wood sustained, or may sustain, losses for which the following are legally recoverable categories of damages: a) past and future pain and suffering; b) past and future embarrassment, humiliation and mental anxiety; c) past and future incidental costs; d) past and future loss of life's enjoyment; and e) past and future loss of earnings and earning capacity. WHEREFORE, Plaintiff Gary Wood demands judgment against the Defendant in an amount in excess of mandatory arbitration limits, together with interest and costs. COUNT II DONNA L. WOOD v. OLEG SHUSTERMAN 12. The allegations of paragraphs 1 through 11 of this Complaint are incorporated herein by reference. 13. As the result of the aforesaid accident which caused personal injunes to Plaintiff Gary Wood, Plaintiff Donna Wood has suffered and may continue to suffer the loss of companionship, comfort, society, services and other forms of consortion of her husband. WHEREFORE, Plaintiff Donna Wood demands judgment against the Defendant in an amount in excess of mandatory arbitration limits, together with interest and costs. Respectfully submitted, WIX, WENGER & WEIDNER By Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 VERIFICATION I, Gary L. Wood, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties, Date: Gary L. Wood CERTIFICATE OF SERVICE AND NOW, this 18th day of March, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Complaint this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C. Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 WIX, WENGER & WEIDNER Gaye Orist CERTIFICATE OF SERVICE AND NOW, this 19th day of March, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attomeys for Plaintiffs, hereby certify that I served the within Petition to Open Judgment of Non Pros this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C. Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 WiX, WENGER & WEIDNER Gaye OYist GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs, VS. OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. NO. 01-1467 Civil Term CIVIL ACTION - LAW NOTICE TO PLEAD TO: Gary L. and Donna L. Wood, and their attorney, Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Date: Respectfully submitted, NEALON & GOVER, P.C. By: Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs, VS, OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-1467 Civil Term CIVIL ACTION - LAW ANSWER WITH NEW MATTER Admitted upon information and belief. Denied as stated. However, it is admitted that Oleg Shusterman is an adult individual who currently resides at 848 West Foxcroft Road, Camp Hill, PA 17011. :L-6. Denied as stated. However, it is admitted that on April 22, 1999, at approximately 4:50 a.m., as Defendant Oleg Shusterman was operating a 1993 Nissan Maxima in a northerly direction on Interstate 83 within Harrisburg City, Dauphin County, Pennsylvania, his vehicle came into contact with a 1992 Chevrolet Lumina being operated by Plaintiff Gary Lee Wood. The remaining averments contained in these Paragraphs are denied pursuant to Pa.R.C.P. 1029(e). COUNT I Gary L. Wood v. Oleg Shusterman ?. Paragraphs 1 through 6 are incorporated herein by reference thereto as if set forth at length. ~.-t 1. Said Paragraphs and all their subparts are denied as Defendants are without sufficient information or knowledge to form a belief as to the truth of the matter asserted, and proof is demanded at trial. Any remaining averments contained in these Paragraphs are denied pursuant to Pa.R.C.P. 1029(e). COUNT II Donna L. Wood v. Oleg Shusterman 12. Paragraphs 1 through 11 are incorporated herein by reference thereto as if set torth at length. i:~. Denied as after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and proof is demanded at trial. NEW MATTER 14. Paragraphs 1 through 13 are incorporated herein by reference thereto as if set forth at length. 15. Plaintiffs' claims may be barred in whole or in part by operation of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendants Oleg Shusterman and Gregory Shusterman respecdully request judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with costs. Date: /~-/~ Respectfully submitted, NEALON & GOVER, P.C. Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 VERIFICATION I, OLEG SHUSTERMAN, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: /'//~'//~ ~ 0 L E ~ ~H U~H~UI~R i~IA N VERIFICATION I, GREGORY SHUSTERMAN, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: CERTIFICATE OF SERVICE AND NOW, this "7" ' day of April, 2003, I hereby certify that I have served the foregoing ANSWER WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 Andrew C. Lehman, Esquire CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PU~SUAN"r TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L. WOOD TERM, -VS - CASE NO: 01-1467 OLEG & GREG SHUSTERMAN AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESQ. certifies that~, (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/30/2003 ~CS on behal[ of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425189 7 1 93 9 --LO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GARY L & DONNA L..W00D OLEG & GREG SHUSTERMAN COURT OF COMMON PLEAS TERM, CASE NO: 01-1467 NOTIC~ OF I~'r~x~P TO S~V~ A SUBPOENA TO PRODUC~ ~S TH/I~]~ FOR DIS~Y PURSKIANT TO RUI~ 4009.21 [ Note: see enclosed list of locations ] TO: RICHARD#IX , ESQ. MCS on behalf of ANDRF~ C. LEHMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) ~ days from the date listed below in which to file of record and serve upon thel i undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced.records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/10/2003 CC: ANDRE# C. HEATHER - 02-470 - 992794783 MCS on behalf of ANDREN C. LEHMAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact TEE MCS GROUP INC. 1601 MARKET STREET %800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-230255 7193 9--C02 LOCATION NANR LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 HERSHEY N~DICAL CTR. GOOD HOPE PANILY PRACTICE CTR. RODNRY G. SHAFPERf DC JOYNER SPORTS MEDICI}IR, P.C. LEE C. MILLER N.D ROBERT P. LONERGAN, M.D. SUSQUBHANNA SURGEON, LTD. AMTRAK MEDICAL RECORDS MEDICAL RECORDS MRDICAL RECORDS MEDICAL RECORDS ~DICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT DE02-230255 71939--C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER (Name of Per,on or Entity) Within twenty (20) days after service Of this subpoena, ~ou a~e ordered by the court to produce the following docume,~ts or things: SEE ATTACHED at MCS GROUP INC., 1.601 MARKET ST., #800, PHILA.PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or thJng~ required by this subpoena, within twen~/(20) days after 'ts serv'ce, the pa~y serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT JUN 3 0 2003 DATE: ~ JLt..,4 "}1~ . ~ ~l~.a~ prof, o.ota?~il Oivi,lo. Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL C-TR. 500 UNIVERSITY DR. PO BOX 853 HERSHEY, PA 17033 RE: 71939 GARY L. WOOD Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, fries, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all Datient consent or refusal of treatment, procedures, tests, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 SUI0-447012 7 1 9 3 9 --LO 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSU;~NT TO RULE 4009.22 IN THE MATTER OF: GARY L & DONNA L. WOOD COURT OF COMMON PLEAS TERM, -VS- OLEG & GREG SEUSTERMAN CASE NO: 01-1467 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS On behalf of ANDREW C. LEHMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/30/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425190 7 1 93 9--LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GARY L & DONNA L., WQOD OLEG & GREG SHUSTERMAN COURT OF COMMON PLEAS TERM, CASE NO: 01-1467 NOTIC~ OF I~'rmzqT TO SERVE A SUBPOENA TO PRODUC~ DOCUM]~TS AND · T~INGS FOR DIS~Y PURSUANT TO RUI~ 4009.21 [ Note: see enclosed list of locations ] TO: RICHARD NIX , ESQ. NCS on behalf of ANDREW C. LER~IAN, ESQ. intends to serve a subpoena identical to the One that is attached to this notice. You have twenty (20) ~ days from the date listed below in which to file of record and ser~e upon thel undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproducedrecords may be ordered at your expense by completing the attached counsel card and returning same to NCS or by contacting our local MCS office. DATE: 06/10/2003 CC: ANDREW C. LEHMAN, ESQ. HEATHER E. BERGEY - 02-470 - 992794783 NCS on behalf of AITDRE# C. LEHMAn, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE NCS GROUP INC. 1G01 MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-230255 ?193 9--CO2 LOCATION NAME LOCATION LIST <<¢ RECORDs REQUESTED PAGE: 1 HERSHEY MEDICAL CTR. GOOD HOPE FAMILY PRACTICE CTR. RODMEY G. SHAFFER, DC JOYNER SPORTS MEDICINe, P.C. LEE C. MILLER M.D ROBERT P. LONERGAM, M.D. SUSQUREANNA SURGEON, LTD. AMTRAK MEDICAL RECORDS MEDICAL RSCORDS MEDICAL RECORDS MEDICAL RECORDS MRDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT DE02-230255 71939--C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: GOOD HOPE FAMILY PI{ACTICE (Name of Per, an or Entity) Within twenty, (20) days after service of this subpoena,'you a~e ordered by the cou~ to produce the following docume?s or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103 You may deliver or mail legible cople~ 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 thing~ required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a cou~ order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT JUN 3 0 2003 BY T~.E C_~OURT~'~ ~ Prot honotary~q Division Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GOOD HOPE FAMILY -PRACTICE CTR. 1830 GOOD HOPE ROAD ENOLA, PA 17025 RE: 71939 GARY L. WOOD Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical repons, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 SU10-447014 7193 9--L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER 0F: GARY L & DONNA L. WOOD COURT OF COMMON PLEAS TERM, ~VS- OLEG & GEEG SHUSTERMAN CASE NO: 01-1467 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS On behalf of ANDREW C. LEHMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, includin9 the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 06/30/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425191 7 1 93 9--LO 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GARY L & DONNA L..W00D -VS- OLEG & GREG SHUSTERMAN COURT OF COMMON PLEAS TERM, CASE NO: 01-1467 NOTIC~ OF I~'£~'~ TO S~RVE A -~UBPOEN~ TO PRODUCE ~S AND TH]/~G~ FOR DISCOVERY PURSUANT TO RUId~ 4009.21 [ Note: see enclosed list of locations ] TO: RIC~%RI)#IX , ESQ. MCS on behalf of ANDREW C. LEHMAN, ESQ. intends to serve a subpoena idsntical to the one that is attached to this notice. You have twenty (20) ? days from the date listed below in which to file of record and serve upon thel undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproducedrecords may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local NCS office. DATE: 06/10/2003 CC: ANDREW C. LEHMAN, ESQ. HEATHER R. BRRG~Y - 02-470 - 992794783 Any questions regarding this matter, contact MCS on behalf of ANDREW C. LE~4AN, ESQ. Attorney for DEFENDANT ?RR MCS GROUP INC. 1601 MARKET STREET ~SO0 PHILADELPHIA, PA 19103 (215) 246-0900 DR02-230255 71939--C02 LOCATION NAME LOCATION LIST <<< RECORDS REQUESTED PA~R: HERSHEY MEDICAL CTR. GOOD HOPE FAMILY PRACTICE CTR. RODMEY G. SHAFPER, DC JOYMER SPORTS MEDICINE, P,C. LEE C. MILLER N.D ROBERT P. LOMERGAN, M.D. SUSQUEHANNA SURGEON, LTD. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT DE02-230255 7 1 9 3 9 --CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: R{3DME¥ SI4AYFER, D.C. (Name of Per,on or Entity) Within twenty. (20) days after service of this subpoenaS'you a~e Ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., #800, PHILA. PA 19103 IAddr~s) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: A%~rORNEY FOR: DEFENDANT DATE: JUN 3 0 2003 BY T~lrl~ COL]RT: ,'7~ %_~ Prot hon otary/C~ivision Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RODNEY G. SHAFFER~, DC 62 EAST CHURCH STREET LOCK HAVEN, PA 17745 RE: 71939 GARY L. WOOD Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fries, memoranda, handwritten notes, history and physical repons, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including 99-00-0000. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 SU10-447016 7 1 93 9 --LO 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSU~%'T TO RULE 4009.22 IN THE MATTER OF: GARY L & DONNA L. WOOD COURT OF COMMON PLEAS TERM, -VS- OLEG & GREG SHUSTERMAN CASE NO: 01-1467 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESQ~~ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/30/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425192 71 93 9--LO4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GARY L & DONNA L..W00D -VS- OLEG & GREG SHUSTERMAN COURT OF COMMON PLEAS TERM, CASE NO: 01-1467 NOTIC~ OF IB-r~a~l' TO SERVE A SUBPOENA TO PRODUC~ DOCUMENTS AND THINC=S FOR DISCOVERY PURSUANT TO RUL~ 4009.21 [ Note: see enclosed list of locations ] TO: RICHARD #IX . ESQ. ECS on behalf of ANDREW C. LEHMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) ~ days from the date listed below in which to file of record and serve upon thel ' undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local ECS office. DATE: 06/10/2003 CC: ANDREW C. LEHMAN, ESQ. HEATHER E. BERGEY - 02-470 - 992794783 MCS on behalf of ANDREW C. LEHMAN. ESQ. Attorney for DEFENDANT Any questions regard/nE this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DEQ2-230255 7193 9--CO2 LOCATION LOCATION LIST RECORDS REQUESTED I HSRSHSY M~DICAL CTS. GOOD HOPE FAMILY PRACTICE CTR. RODNEY G. SHAFFER, DC JOYNER SPORTS MEDICINe, R.C. LEE C. MILLER M.D ROBERT P. LONERGAN, M.D. SUSQUEHANNA SURGEON, LTD- AMTRAK MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS M~DICAL RECORDS MEDICAL R~CORDS M~DICAL RECORDS EMPLOYMENT DE02-230255 7193 9--C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JOYNER SPORTS MEDICINE {Name of Per~on or Entity) Within twenty (20) days after service of this subpoena,'you a~e ordered by the court to produce the following docurn~ts or things: SEE ATTACHED at MCS GROUP INC., 1.601 MARKET ST., #800, PHILA.PA 19103 (Address} You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or thing~ required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: A~fORNEY FOR: DEFENDANT JUN 3 0 2003 DATE: JO · "~'- J~] ~')O-~% Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOYNER SPORTS MEDICINE, P.C. 6301 GRAYSON ROAD SUITE 138 HARRISBURG, PA 17111 RE: 71939 GARY L. WOOD Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ proscription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 SU10-447018 7 1 93 9 --LO 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PUESU~aNT TO RULE 4009.22 IN THE MATTER OF: GARY L & DONNA L. WOOD COURT OF COMMON PLEAS TERM, -VS- 0LEG & GREG SHUSTERMAN CASE NO: 01-1467 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MC$ on behalf of ANDREW C. LEHMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, includin9 the proposed subpoena, is attached to this certificate, (3) NO objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/30/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ, Attorney for DEFENDANT DEll-425193 7 1 9 3 9 --LO 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GARY L & DONNA L.-WQOD -VS- OLEG & GREG SHUSTERMAN COURT 0F COMMON PLEAS TERM, CASE NO: 01-1467 NOTIC"E OF /N'£~TT TO SERVE A SUBPOENA TO PRODUC~ DOCUMENTS AND THINGS FOR DISCO~KY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: RICEARD NiX , ESQ. MCS on behalf of ANDREW C. LEEMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve uno- the~ undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copien of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCE or by contacting our local MCE office. DATE: 06/10/2003 CC: ANDREW C. LEHMAN, ES0. HEATHER E. BERG~"f - 02-470 - 992794783 Any questions regarding this matter, contact MCS on behalf of ANDREW C. LEH/%~I~ ESQ. Attorney for DEFENDANT TEE MCS GROUP INC. 1601 MARKET STREET #8OO PHILADELPHIA, PA 19103 (215) 246-0900 DE02-230255 71 93 9--CO2 LOCATION NA~R LOCATION LIST RECORDS REQUESTED PAGE: I EERSHSY NEDICAL CTR. GOOD HOPE FAMILY PRACTICE CTR. RODNEY G. SSAFFER, DC JOYNER SPORTS MEDICINE, P.C. LEE C. MILLSR M.D ROBERT P. LONERGAN, M.D. SUSQUEHANNA SURGEON, LTD. AMTRAK MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT DE02-230255 71 93 9--C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:DR .LEE MILLER (Name of Person or Entity) Within twenty, (20) days af'f~ service of this sUbpoena, ~ou ~i~ ordered by the court to produce the following docume,~ts or things: SEE ATTACHED ' MCS GROUP INC., 1601 MARKET ST., /1800, PHILA.PA 19103 at (Addre~,~ 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 par'o/ serving this subpoena may seek a court order compelling you to comply with lt. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LEE C. MILLER M.D 2201 FOREST HILL DRIVE SUITE 9 HARRISBURG, PA 17112 RE: 71939 GARY L. WOOD Entire medical frie, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fries, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treaunent pertaining to: Dates Requested: up to and including the present. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHAN1CSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 SU10-447020 7 1 9 3 9 --1',0 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GARY L & DONNA L. WOOD COURT OF COMMON PLEAS TERM, OLEG & GREG SHUSTERMAN CASE NO: 01-1467 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESQ. certlfie~ that A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/30/2003 MCS On behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425194 7 1 9 3 9 --LO 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GARY L & DONNA -VS- OLEG & GREG SHUSTERMAN COURT OF COMMON PLEAS TERM, CASE NO: 01-1467 NOTIC]{ OF ~ TO SERVE A SUBPOENA TO PRODUCE DOCUM]~NTS AND THINGS FOR DISCOVERY PURSUANT TO RUL]{ 4009.21 [ Note: see enclosed list of locations ] TO: RICHARD WIX , ESQ. MCS on behalf of ANDREW C. LEHMAN, ESQ, intends to serve a subpoena identical to the one that is attached to this notice, You have twenty (20) ~ days from the date listed below in which to file of record and serve upon thei undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/10/2003 CC: ANDREN C. LEHMAN, HEATHER E. BERGEY - 02-470 - 992794783 Any questions regarding this matter, contact NCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-230255 7193 9--CO2 - PAGE: 1 LOCATION NA~E LOCATION LIST RECORDS RHQUESTHD HERSHEY M~DICAL CTR. GOOD HOPE FAMILY PRACTICE CTE. RODNEY G. SHAFFER, DC JOYNER SPORTS MEDICINe, P.C. LEE C. MILLER M.D ROBERT P. LON~RGAN, M.D. SUSQUEHANNA SURGEON, LTD. AMTRAK MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT DE02-230255 7193 ~--C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR LONERGAN (NameofPe~onorEn~) W~thin twenty(2~)daysafte~serv~ce~fthissubp~ena~ua~e~rderedbythec~u~t~pr~ducethef~wingd~cume~ts~r thin~: SEE ATTACHED at MCS GROUP INC., 1.601 MARKET ST., #800, PHILA.PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parO] 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 thing~ required by this subpoena, within twenty (20) days after its service, the patty serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREIvIE COURT ID #: A~I-rORNEY FOR: DEFENDANT JUN 3 0 2003 BY T/I~E CO~_ RT.~ ~ Prothonotary/Clerk, ~ Division Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT P. LONERGAN, M.D. 207 HOUSE AVENUE SUITE 105 CAMP HILL, PA 17011 RE: 71939 GARY L. WOOD Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, ~es, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatmem pertaining to: Dates Requested: upto and including 99-99-0000. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 SU10-447022 7193 9--L06 C~RTIFICAT~ PRRR~0UISITR TO SRRVICR OF A SUBPORNA PURSUANT TO RULR 400~.22 IN THE MATTER 0F: GARY L & DONNA L. WOOD COURT OF COMMON PLEAS TERM, -VS- OLEG & GREG SHUSTERMAN CASE NO: 01-1467 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 (1) MCS on behalf of ANDREW C. LEHMAN, ESQ. certifies that A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/30/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425195 7 1 9 3 9 --LO 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GARY L & DONNA L..WQOD -VS- OLEG & GREG SHUSTERMAN COURT OF COMMON PLEAS TERM, CASE NO: 01-1467 NOTIC]{ OF ~ TO SERVE A SUBPOENA TO PRODUCE ~S AND THINGS FOR DISCO%r~RY PURSUAI{T TO RUL]{ 4009.21 [ Note: see enclosed list of locations ] TO: RICHARD WIX , ESQ. MCS on behalf of ANDREW C. LEHMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) ~ days from the date listed below in which to file of record and serve upon the: undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to }{CS or by contacting our local }{CS office. DATE: 05/10/2003 CC: AB'DREW C. LEHMAN, ESQ. HEATHER E. BERGEY - 02-470 - 992794783 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DNFEND~d~T Any questions regarding this matter, contact THE MCS GROUP INC. 1G01 MARKET STRBET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-230255 7193 9--CO2 LOCATION NAME LOCATION LIST <<< RECORDS REQUESTED RAGE: 1 HERSHEY MEDICAL CTR. GOOD HOPE PAMILY PRACTICE CTR. RODN~Y G. SHAFFBR, DC JOYNER SPORTS MEDICINE, P.C. LEE C. MILLER N.D ROBERT P. LONERGANo M.D. SUSQUEHANNA SURGEON, LTD. AMTRAK MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT DE02-230255 71~3 ~--C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: SUSOUEHANNA SURGEONS (Name of Pel~on or Entity) Within twenty, (20) days after serVi~ of this subpoena,'~ou are ordered by the court to produce the fo[iowlng docume,t~ts or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103 {Addres,) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: Aq-FORNEY FOR: DEFENDANT ,JUN 3 0 2003 Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUSQUEHANNA SURGEON, LTD 532 N. FRONT ST. WORMLEYSBURG, PA 17043 RE: 71939 GARY L. WOOD Entire medical fide, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: upto and including the present. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 SU10-447024 7 i 9 3 9 --LO 7 CERTIPlCATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GARY L & DONNA L. WOOD COURT OF COMMON PLEAS TERM, -VS- OLEG & GREG SHUSTERMAN CASE NO: 01-1467 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS o~ behalf of ANDREW C.. LEHMAN, ESQ. ~' certifia~ that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) NO objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/30/2003 MCS on behalf of ANDREW C~ LEHMAN, ESQ. Attorney for DEFENDANT DEll-425196 7 1 93 9 --LO 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER 0F: GARY L & DONNA L. W©0D -VS- OLEG & GREG SHUSTERMAN COURT OF COMMON PLEAS TERM, CASE NO: 01-1467 NOTICE OF IR'rl~dT T~ SERVE A SUBPO]~IA ~) PRODUCE X~u~S AND THINC, S FOR DISC~A/I~RY I~SUi~ T~) RI~ 4009.21 [ Note: see enclosed list of locations ] TO: RICHARD WIX , ESQ. MCS on behalf of ANDREW C. LEHMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local NCS office. DATE: 06/10/2003 T CC: ANDREW C. LEHMAN, ESQ. HEATHER E. BERGEY - 02-470 - 992794783 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, Pa 19103 (215) 246-0900 DE02-230255 7 1 93 9--CO 2 LOCATION NA~S LOCATION LIST RECORDS REQUESTED PAGS: 1 HERSHEY MEDICAL CTS. GOOD HOPE FAMILY PRACTICE CTR. RODNEY G. SRAFFER, DC JOYNER SPORTS MEDICINE, P.C. LEE C. MILLER M.D ROBERT P. LONSRGAN, M.D. SUSQUEHANNA SURGEON, LTD. AMTRAK MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT DE02-230255 71 93 9--C0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: AMTRAK (Name of Per~on or Entity) Within twenty. (20) days after service of this subpoena, ~ou are ordered by ¢~h~ court to produce the following document? or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT JUN 3 0 2003 DATE: J~,.,A,,=~ ~ "/~, ,~ t'}O,~ Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: AMTRAK 30TH STREET STATION, 2FL MARKET STREET PHILADELPHIA, PA 19104 RE: 71939 GARY L. WOOD Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary repons and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dat.es Requested: up to and including the present. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social .S~_.urity #: 184-36-5920 Date of Birth: 03-29-1945 SU10-447026 7 1 9 3 9 --LO 8 GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1467 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE To: Prothonotary Please mark the above matter as settled and discontinued. Dated: Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455