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Home My WebLink About01-1595ORIGINAL PATRICIA LUJANAC and PAUL L. LUJANAC Plaintiffs JASON L. TROSTLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. - JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish t.a 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 attomey and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 prope~y 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 227871 1 ~MEKLMMM NOTICIA Le han demandado a usted en la cone. Si usted quJ[ere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (30) 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 cone en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone 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 dema~nda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABODAGO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 227871. I \MEKhMMM PATRICIA LUJANAC and PAUL L. LUJANAC Plaintiffs JASON L. TROSTLE Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PA CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Paul L. and Patricia Lujanac, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside at 1512 Bmndt Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant Jason L. Trostle is an adult citizen of the, Commonwealth of Pennsylvania who resides at 609 16th Street, New Cumberland, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about April 11, 1999 at approximately 2:45 p.m. on North 12th Street, in Lemoyne Borough, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Paul L. Lujanac was operating his vehicle, a 1993 Dodge Dynasty, in a southward direction on North 12th Street. 5. At that time and place, Plaintiff Patricia Lujanac was a right front seat passenger in the vehicle driven by her husband. 6. At that time and place, Defendant Jason L.Trost][e was operating a 1995 Ford Explorer XLT in a northward direction on North 12th Street. 7. At the time of the accident, it had been raining and the,' roadway was still wet. 8. North 12th Street in the area of the accident travels steeply up hill for northbound traffic and tums sharply to the right (east)just before the accident site. 227871.1 \MEK~VlMM 9. At that time and place, Defendant Trostle was traveling faster than the posted speed limit of 25 miles per hour. 10. At that time and place, as Defendant's vehicle was entering a curve, it slid into Plaintiffs' lane of travel and collided with Plaintiffs' vehicle, completing a 360 degree rotation in the process. 11. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Paul L. and Patricia Lujanac are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Jason L. Trostle operated his motor vehicle as follows: (a) failure to stay within his lane of travel and crossing the center line into the opposing lane of travel; (b) failure to travel at a safe speed and in excess of the posted speed limit; (c) failure to keep proper and adequate control over his vehicle; (d) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (e) failure to correctly negotiate the turn; (f) failure to travel at the posted speed; and (g) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I PATRICIA LUJANAC v. JASON TROSTI,E 12. Paragraphs 1 through 11 of the Complaint are incorporated herein by reference. 227871.1LMEK2vlMM 13. Plaintiff Patricia Lujanac sustained painful and severe injuries which include but are not limited to a severe back strain, chest and sternum contusion, hematoma and resulting in a serious impairment of her bodily functions, bruised breast and ribs, and bruised tailbone. 14. By reason of the aforesaid injuries sustained by Plaintiff Patricia Lujanac, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 15. Because of the nature of her injuries, Plaintiff Patricia Lujanac has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim in made therefor. 16. As a result of the aforementioned injuries, Plaintiff Patricia Lujanac has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 17. As a result of the aforesaid injuries, Plaintiff Patricia Lujanac has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 18. Plaintiff Patricia Lujanac continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM II PAUL L. LUJANAC v. JASON TROSTI,E 19. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference. 20. As a result of the aforementioned injuries sustained by his wife, Patricia Lujanac, Plaintiff Paul L. Lujanac has been and may in the future be deprived of the care, companionship, 227871.1 \MEKLMMM consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Paul L. and Patricia Lujanac demand judgment against Defendant Jason Trostle in an mount in excess of Twenty-Five Thousand ($25,000) Dollars, exclusive of interest and costs and in excess of any jurisdictional mount requiring compulsory arbitration. Dated: ~D~VNER, P.C. Michael E. Kosik, Esquire I. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiffs VERIFICATION I, PATRICIA LUJANAC, do hereby swear and affirm that the facts set forth in the foregoing Complaim are tree and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unswom falsification to authorities. PATRICIA LUJAlx~'A/C~ SHERIFF'S RETURN - CASE NO: 2001-01595 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LUJANAC PATRICIA ET AL VS TROSTLE JASON L REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TROSTLE JASON L the DEFENDANT , at 0019:45 HOURS, on the 29tlh day of March , 2001 at 609 16TH ST NEW CUMBERLA/qD, PA 17070 JASON L. TROSTLE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.54 Affidavit .00 Surcharge 10.00 .00 38.54 Sworn and Subscribed to before me this //~ day of A.D. ; I~rothonot ary So Answers: R. Thomas Kline 03/30/2001 ANGINO & ROVNER Deputy Sheriff John R. Ninosky, Esquire I.D. #78O00 ~OL4)B~G, KATZ~ & SHI~{AN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant PATRICIA LUJ/LNAC /AND PAUL L. LUJ~=NAC, Plaintiffs VS. JASON L. TROSTLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERIJ~NI) COUNTY, PENNSYLVi~IA CIVIL ACT]iON - LAW : : NO. 01-1595 CIVIL TERM : : JURY TRIAL DEMANDED PPJ%ECIPE TO THE PROTHONOTARY: Please enter the appearance the Defendant, Jason L. Trostle, of the undersigned on behalf of in the above-captioned action. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: 61626.1 J°h~ ' 'Ninosky, E~q~re Attorney I.D. No. 78000 320 Market .Street P. O. Box 1.268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that document upon the person(s) of the same Harrisburg, 2001: I served a copy of the foregoing indicated below by depositing a copy in the United States mail, postage prepaid, at Pennsylvania and addressed as follows on April 10, Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. 61392. 1 John/R. ~inosky, Es~ire Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant Leamer John R. Ninosky, Esquire I.D. #: 78000 GOLDBERG, KATZFJ~N & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants PATRICIA LUJANAC AND PAUL L. LUJANAC, Plaintiffs VS. JASON L. TROSTLE, Defendant IN THE COURT OF COM~{ON PLEAS OF CUMBERLA/~[D COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-1595 CIVIL TERM : : JURY TRIAL DEM3LNDED NOTICE TO THE PLAINTIFFS: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: 61833.1 Joh~ R,. " ~Ky, Esquire I.D. #: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant John R. Ninosky, Esquire I.D. #78000 ~OLDBERG, KATZMAN & SHZ~%~AN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant PATRICIA LUJANAC AND PAUL L. LUJANAC, Plaintiffs vs. JASON L. TROSTLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 01-1595 CIVIL TERM : : JURY TRIAL DEMANDED ~A~SW-ER WITH NEW~4ATTER TO PLAINTI~FS, COMPLAINT AND NOW, comes the Defendant, Jason L. Trostle, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who this Answer with New Matter by respectfully stating the following: files 1. Admitted. Defendant, Admitted in part, denied in part. It is admitted that Jason Trostle, is an adult citizen of the Commonwealth of Pennsylvania. The remainder of this allegation is denied. way of further response, Mr. Trostle currently resides at 516 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania, 17013. By 3. Admitted. 5. 6. 7. 8. 9. traveling 10. Admitted. Admitted. Admitted. Admitted. Admitted. Denied. It is specifically denied that Mr. faster than the posted speed limit of 25 mph. Denied. This paragraph is denied pursuant to R.C.P. 1029(e). 11. Paragraph 11, including subparagraphs are denied pursuant to Pa. R.C.P. 1029(e). Trostle was Pa. (a) through (g), ~LAIM I PATRICIA LUJANAC v. JASON ?ROSTLE 12. The answers contained in Paragraphs 1 through 11 of Defendant's Answer with New Matter are incorporated herein by reference as if fully set forth at length. 13. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e}. 14. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 2 15. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e) . 16. Denied. R.C.P. 1029(e). This paragraph is denied pursuant to Pa. 17. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 18. Denied. R.C.P. 1029(e). This paragraph is denied pursuant to Pa. WHEREFORE, Defendant, respectfully requests that Plaintiffs, Complaint be dismissed with prejudice and that judgment be entered in Defendant's favor. CLAIM II PAUL LUJANAC v. JASON TRQSTLE 19. The answers contained in Paragraphs 1 through 18 of Defendant,s Answer with New Matter are incorporated herein by reference as if fully set forth at length. 20. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e}. WHEREFORE, Defendant, respectfully requests that Plaintiffs, Complaint be dismissed with prejudice and that judgment be entered in Defendant, s favor. 3 NEW MATTER 21. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 22. This action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et &eq. 23. That Plaintiffs' claims may be limited or barred by the "limited tort" option pursuant to 75 Pa. C.S.A. ~1705, et sec. 24. That the accident and any injuries sustained by the Plaintiffs may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 25. That if it should found that there was any negligence on the part of Defendant Trostle, which negligence is expressly denied, any such negligence was not a proximate cause of any damages alleged by the Plaintiffs. 26. The accident, and any resulting injuries, were caused in whole or in part by an Act of God, or by forces beyond the control of Defendant Trostle. 27. 28. emergency. The alleged accident was unavoidable. The accident may have been caused by a sudden 4 29. That if the Plaintiffs suffered the alleged injuries, those injuries were caused in whole or in part by the negligence of the Plaintiffs and to recover in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 30. This action may be barred by the Statute of Limitations. WHEREFORE, Defendant, respectfully requests that Plaintiffs, Complaint be dismissed with prejudice and that judgment be entered in Defendant's favor. 61833.1 Respectfully submitted, GOLDBERG, KA'rZMAN & SHIPMAN, P.C. JohnfR. NiI[6sk~, E~quire I.D.#: 78000 P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Telephone: (717) 234-4161 VERIFICATION I, Jason L. Trostle, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 relating to unsworn falsification to authorities; all the statements made in the foregoing are true that Pa.C.S. ~4904 I verify that and correct and false statements may subject me to the penalties of 18 Pa. §4904. DATE: 60238.1 Trostle CERTIFICATE OF SER~ZICE I hereby certify that I served a ccpy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on April 20, 2001: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. 61631.1 R. N±nosky, ~squire Attorney I.D. No. 78000 320 Market Street ?. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant Learner PATRICIA LUJANAC and PAUL L. LUJANAC Plaintiffs JASON L. TROSTLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-15{.}5 JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiffs, by and through their attomeys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 21. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff's complaint fails to set forth a cause of action upon 'which relief can be granted. To the contrary, Plaintiff's Complaint specifically and sufficiently pleads a cause of action for negligence in the operation of a motor vehicle against the Defendant. 22. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is admitted that the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701 et. sech. would be applicable to the motor vehicle accident which gave rise to Plaintiffs' claim. 23. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs' claims are barred or limited by the application of the limited tort option pursuant to 75 Pa.C.S.A. §1705 et_~. seq. To the extent that a further response may be deemed proper, it is averred that Plaintiff Patficia Lujanac's injuries resulted in a serious impairment of bodily function resulting in functional deficits in her normal daily activities for which she may seek to recover. 230251.1 ~vlEKkMMM . unsugported'O~ ~¥ ~acm~a statementS- To e~t is a co~c~OW smtemem , . · ~-ecif~c~ aeffxed ~at ~e __ ~ ~er ~espo~e J ~e extant ~a~ a . . =~ re caused ~ . .m~ ;n~es ~d accident or ~7 of pl~nfiW s m~ ~e~ ..... ~d ~t ~1 of pl~nut~ ~ ~J ~ ~denfified persom or entities. To ~e con~, ¢ ~s a~.-- the motor re. cie accident were caused b~ ~e ne~igent conduct of ~e De[end~t ~ set {o~ in Complmt. w~ch no res~mi~e pleMing is req~red. 25. ~s av~ent is a concBsion of law m ~at To ~e extent ~at a ~er res~~e may be deemed appropriate, ¢ is specificfllY denied Defend~t Trosfle's negligence ~ set ¢~ ~ pl~liffs' Compl~t w~ not ~e dkect md prox~ate came of ~e inj~es ~d dm~es s~ed by ~e pi~nfiffs. To ~e con~, ¢ is aveged ~m pl~ntiff pafficia ~d Pa~ Lu}~'s in}~e's were ~e direct ~d pro. mate reset of ~e Defen~t's ne~ig~ce ~ set fo~ ~ ~e plmtiW s Compl~t. 26. De.ed. ~s ave~ent is a concluso~ statement ~suppoCed by mY facml is req~red. To ~e extent ~t a ~ respo~e may statements ~d ~erefore no ~er res~nse ........ ~,~o in pl~nfiWs ~es w~ be deemed appropfime, it is specific~lY denied ~m fl~e ~cmem ~'~ -~ To ~e con~, ~ ~y way ~ act of God or ~yond ~e forces of consol of ~e Defen~t Tro~le. ¢ is ave~ed ~t ~e accident occ~ed ~ a result of ~e negligent conduct of Defen~t Trostle in o~rat~g ~s motor re. cie ~ set fo~ in pl~ntiffs' Compl~nt- 27. De~ed. ~s ave~ent is a concluso~ statement ~suppo~ed by mY facml statements ~d ~erefore no ~er respo~e is req~ed. To ~e extent ~at a ~er response may ........ ~,;~o in pl~tiWs ~j~es w~ is specificfllY de~ed ~at ~e ~cmem t.~-~ -- ~ deemed appropriate, it it is aveged Cat ~e accident ~c~d ~ a in ~Y way ~ ~avoidable accident. To ~e con~, 230251,1 ~IEK~tMM conduct of Defendant Trostle in operating his motor result of the negligent plaintiffs' Complaint. a conclusion of law to which no respOnsive pleading is requixe6. sudden This averment is 28. be deemed proper, it is specifically denied that the lmaY ' ' ' ' To extent that a response emergency doctrine is in arty To the contrary, it is averre ' · ' s' ComPl~nt. rostie in operating his motor vehicle as set fo]Xh in plainfif~ Defendant T nt is a conclusion 29 Denied This averme it is specifically denied that plaintiff a response may be deemed Pr°p~r2er in the happening of the accident. reqmred. To the extent that . . patricm Lu~anac or paul L. Lulanac were neghgent m plaintiff patrima Lu3anne was a right front seat passenger m her husband's car and therefore was not was driving his vehicle in a safe and plaintiff paul L. capable of any negligent conduct- prudent manner and had control over b. is vehicle until the Defendant crossed over the center line It is specifically denied that either plaintiff Panl L. or striking his vehicle and forcing it to the curb. upon the cause of action stated in plaintiffs' patricia Lu3anac were negligent in any manner in any wa: Complaint. Therefore, it is denied that the pennsylvania Comparative Negligence Act is applicable to their claim. 30. This averment is a conculsion of law to which no responsive pleading is requ~ that a response may be deemed proper, it is specifically denied that plaintiff c To the extent claims arose out of a motor vehicle acci, b the statute of limitations, plaintiffs' and served were barred Y April 11, 1999 with Plaintiffs' Complaint being filed on March 20, 2001 Defendant well within the two-year statute of limitations. 230251.1~vlEKXMMM WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in favor of Plaintiffs and against Defendant. DATED: 5/2/01 E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 230251.1 ~vlEKWIMM VERIFICATION I, PATRICIA LUJANAC, Plaintiff, have read the foregoing Reply to New Matter and do hereby swear or affirm that the facts set forth in the foregoing m:e tree and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. WITNESS: PA'rRIcIA L~J~ 71542/PJM CERT~ICATE OFSERVICE AND NOW, this 2na day of May, 2001, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 I.D. No: 78000 Attorney for Defendants Michelle M. Milojevi~h 230251. I hMEKWIMM CERTIFICATE PKEIIEQUI$ITE TO SERVICE OF A S,UBPOENA PUP. SUANT TO ltULE 4009.2:2 IN THE MATTER 0F= PATRICIA LUJANAC AND PAUL L. LUJANAC JASON L. TROSTLE COURT OF COlOrON PLEAS TERM, ~ CASE NO: 01-1595 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2} A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to sezwe the subpoena. DATE: 06/26/2001 ~. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-261442 6244 7--L0 1 COPIlviO~AT~TH OF PENNS~'I. VANIA COUNTY OF CT31vLBER/.,A/ffD IN THE MATTER OF: PATRICIA LUJANAC AND PAUL L. LUJANAC -VS- 3ASON L, TEOSTLE COURT OF CO~ON PLEAS TERM, CASE NO: 01-1595 NOTICE OF INTKIq~ ~0 SERVE A SUBPOI~N& TO PRODUCE DOC~M~-~ FOR DISCOvgRY POItSH&b-~ TO RIH'.~ 4009.2] HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL ~EST SHORE FAMILY PRACTICE GREEN HILL FAMILY HEALTH CTR m~AI~THSOUTH MKDICAL X-RAY ONLY MEDICAL RECORDS & X~qYS MEDICAL RECORDS & XB~YS MEDICAL RECORDS & XRAYS TO: HICHAKL K. KOSIK, ESQUIRE NOS on behalf of JOHN R. NINOSKYr ESqUIRE ~ntends to serve a subpoena identical to the one that is attached to this notice. You have tventy (20) days from the date listed belme in vhich 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 returnin8 sa~e to HCS or by contactin$ our local HCS office. DATH: 0610612001 CC: JOHN R. NINOSKY, ESQUIRE - 22740-1093 HCS on behalf of JO~N R. NINOS~Yt ESqUIRE Attorney for DEFENDANT questions regarding this smtter, contact TI~ MCS GROUP INC. 1601 MARleY STRKKT ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DK02-155127 62447--C01 COMMON'WEALTH OF PENNSYLVANL~ COUNTY OF CUMBERL-~ND PATRICIA LUJANAC & PAUL L.LIJANAC VS JASON L. TROSTLE SUBPOENA TO PRODUCE DOCUM~-%-I'S OR THING~ FOR DISCOVERY PURSUA.NT TO RULE 4009.7~ TO: GUSTODTAN OF RECORDS FOR: HOLY SPYRIT HOPSITAL (Name of Pev~on or ~,~') o Within rwe..~)... I20) days .~fier ser,.'ice of this subpoena, you ate otder~ by the c~u~ to produce the following documents or things: ~ ~a~.~C H ED ' a~ MCS GROUP INC.,1601 MARKET ST., #800, PHILA.,PA 1910'~' (Ad~s) You may 4elb.'~r or mail feeble copie~ of the documents or produce ti%~l r~.'~ested bv t~s subpoena, together with the cemficate o.' compliance, to the p~ m~ng this request at the adW 1~ a~e. ~ou ~ve the righ~ to seek. in advice, t~e ~uoflable cost ol prep~ng the copi~ or producing the t~fl~ If you f~l to ~oduce the d~umen~s or t~ngs required by t~s sub~ '~t~fl ~enw (~) ~avs ~ter i~s se~'~c~, the se~'ing c~ ~u~efla may seek a c~ ord~ compelling you to comply wSth ~ ' ' THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME; JOHN R. NINOSKY, ESQ. ADDRESS: 320 MARWRT ST., PO BX 1268 HARRISBURG, PA 17108 TELEPHON--- ? 1 SUPREME COURT ID #: ATTO R.%'~'y FOI~ DEFENDAN% Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST ST, CAMP HILL, PA 17011 RE: 62447 PATRICIA V. LUJANAC INCLUDING BUT NOT LIMITED TO REPORTS/RECORDS, HOSPITAL RECORDS, EMERGENCE ROOM RECORDS, PHYSICAL THERAPY REPORTS/RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: PATRICIA V. LUJANAC 97 PLEASENT VIEW TERRANCE, NEW CUMBERLAND, PA 17070 Social Security ~.- 201-52-8390 Date of Birth: 03-02-1930 SU10-309398 62447--L01 CERTIFICATE PP.E~QUISITE TO SERVICE OF A SUBPOENA PU~SUAN? TO RULE 4009.22 IN THE MATTER OF: PATRICIA LUJANAC AND PAUL L. LUJANAC -VS- JASON L. TROSTLE COURT OF CO~40N PLEAS TERM, CASE NO: 01-1595 As a prerequisite to service of a subpoena for docu~ents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSk'Y, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. (3) No objection to the subpoena has been ~eceived, and (4) The subpoena which will be ,erwe4 is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/26/2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-261443 624 4 7 --LO2 COPIPIOI~]-v;]~3~TH OF PENN'SSVANiA COUNTY OF C%]IWBEPJ~AND IN THE MATTER OF: PATRICIA LU~ANAC AND PAUL L. LUJANAC -VS- JASON L. TROSTLE COU~T OF C0~40N PLEAS TERM, CASE NO.' 01-1595 NOTICE OF INt'~NT TO SERVE A SUBPORNA TO PRODUCE DOCumenTS TUINGS FOR DISCog~u¥ PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPI~T HOSPITAL ~EST SHOR~ FAH~LY PRACTICE G]U~N HILL FAH~LY HEALTH CTH HEALTHSOUTH MEDICAL X-RAY ONLY H~DICAL REC0~DS & X~AYS M~DICAL ~EC0~DS & ~/AYS MEDICAL ~ECORDS & XRAYS TO: MICHAEL E. KOSIX, ESQUIRE HCS on behalf of JOBN R. NINOS~Yr ESqUI~ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frma the date listed belo~ in which to file of record and serve upon the undersigned an objection to the subpo~. If the tw~,nty day notice period is waived or if no objection is made, th~ the subpoena may be served. C~plete copies of any reproduced records may be ogdared at your expense by cmspletin8 the attached counsel card and returnin~ s~ to MCS or by contactin$ our local MCS office. DATE: 0610612001 CC: JOHN R. N~NOSI~, ES~UIF~ HCS on behalf of JOHN R. ~I~OSKF~ ESqUIee Attorney for DEFENDANT Any questions regarding this matter, contact THKI4CS GROUP INC. 1601 MAer~T STREET t800 PBTV.AnKLpHTA, PA 19103 (215) 246-0900 DE02-155127 ~ 2 4 4 7 -- C 0 '1 COMMON'WEALTH OF PENNSYLVANI3_. COUNTY OF CUMI~FRLA_ND PATRICIA LUJANAC & PAUL L.LIJANAC VS JASON L. TROSTLE File, No. 01-159~ SUBPOENA TO PRODUCE DOCUM~'-I'$ OR THING~ FOR DISCOVERY PURSUA.N-I' 'TO RULE 4009 ~'~ TO: CUSTODIAN OF RECOKDS FOR: HOLY SPIRIT HOPSITAL (Nime of Pewon or ~.. ~1'~.~i Wi:bin v*'e..--~... (~) days &f'ler sen'ice of this subpoena, you ate ordered by the cour~ to produce :he following documents or :hings: ~ - al MCS GROUP INC.,1601 MARKET ST., #800, PHILA.,PA 19103 You may dci~'e~ or mail ]e~ble copies of the documen~ or produce thiJ~z, z~q~f.ztod bY this subpoena, together with cemficate ~ compliance, to tho pa,"~, making this requflt at the ad~ I~l~l above. You have the right to seek, in adv~mce, thc ."~onable cost of preparing the copie~ or producing tho thi]~,~ If you fa.il to r'voduce the dOCuments oc thinS1 required by :~s su bpQ~.'l,l., witl".ifl flvenfl/(20) days a~e! its sen'ice, :he se~'ing t~.is subpoena ma)' seek a court order compellm$ ,,'o~1 tO comply w'ith i~ ' ' THIS SL~PO~NA WAS ISSUED AT THE R£QUL~r OF ~ ~LLO~NG PERSON: NAM~ JOHN R. NINOS~, ESQ. ADDR~$: 320 ~R~RT ST.. PO B~ ~26~ ~ISB~G, PA 17108 TELEPHON~ ? 1 ~-~a~-ng00 SUPREME COb~ lO ~ DAT~ Seal of the Co~u't BY/'I~ CDURT:~ , ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST ST, CAMP HILL, PA 17011 RE: 62447 PATRICIA V. LUJANAC INCLUDING X-RAY REPORTS, MRI REPORTS. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: PATRICIA V. LUJANAC 97 PLEASENT VIEW TERRANCE, NEW CUMBERLAND, PA 17070 Social Security g:. 201-52-8390 Date of Birth: 03-02-1930 SU10-309400 62447--L02 CERTIFICATE PREREQUISITE TO SEKVICE OF A SUBPOENA PURSUANT TO RULE 4009.~!2 IN THE MATTER OF: PATRICIA LUJANAC AND PAUL L. LUJANAC -VS- JASON L. TROSTLE COURT OF COMMON PLEAS TERM, CASE NO: 01-1595 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/26/2001 MCS on behalf of JOHN R. NINOSk'Y, ESQUIRE Attorney for DEFENDANT DEll-261444 624 4 7 --LO 3 COI"I[~OSTWa;Ar~TH OF PENN$~'I..VANIA COUNTY OF CTJI~BER/.AND IN THE MATTER OF: PATRICIA LUSANAC AND PAUL L. LUJANAC -VS- JASON L. TROSTLE COURT OF C0~40N PLEAS TERM, CASE NO: 01o1595 NO~ICE OF IN'r~-l~ TO SERVE A SUBPORN& ~O PRODUCE D(kJ~,~R~TS 'l'l~/~ll~ ['OR DISCuv=K~ Yu~t~a~ TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIKIT HOSPITAL WEST SHORE FAMILY PK4CTICE G~NHILL FAMILY HEALTH CTH HEALTHSOUTH X-RAY ONLY MEDICA~ RECOKDS & XRAYS MEDICAL RECORDS & XI~AYS M~DIC~L IECO[O$ & XRAB TO: MIC~tEL E. KOSIK, ESQUIP~ HCS on behalf of JOBNR. NINOSKY~ ESqFIP~ intends to serve a subpoena identical to the one that is attached to this notice. You have ~w~nty (20) days fr~m the date listed below in whlch to file of record and serve upon the undersigned an objection to the subpoena. If the tw~nty day notice period is waived or if no objection is made, the~ the subpoenm may be sez~ed. C~lete copies of any reproduced records may be ordered at your expense by completin$ the attached counsel card and returnin~ sm to MCS or by contacting our local HCS office. DATE= 0610612001 CC: JOHN R. NINOSKY, ESqUIH~ ]4CS on behalf of JOHN K. NINOSKY~ ES~UI~ Attorney for DEI~NDANT Any questions regardin$ this matter, coutact THE MCS GROUP INC. 1601HARE~T ST~E~T tS00 PHILADNLPHIA, PA 19103 (215) 246-0900 D1~02-155127 6 2 4 4 7 -- C 0 I COMMON'WEALTH OP PE?_NSYT. VANIA · COUNTY OF CUM~ERL-kND PATRICIA LUJANAC & PAUL L.LIJANAC VS JASON L. TROSTLE File No. 01-] ~q5 SUBPOENA TO PRODUCE DOCUM~-N-I'S OR FOR DISCOVERY PURSUA.N-r TO RULE 4009 TO: CUSTODIAN OF RECORDS FOR: WEST SHORE FAMILY PRACTICE (N~me e( Pe~on or Within rwe..-~,..- On) days ,Lt't er ser,'ice of this subpoena, you ue ordered l.~ the co~n to produce the followim~ documents or tMng~: ------------- HED al MCS GROUP INC.,1601 MARKET ST., #800, PHILA.,PA 19103 (^ddress! You may de~.ff or mail legible copie,~ of the dmumefl, or produce t~ ~u~ed bv t~s sub ~fl~ to et~e~ w' the ce,incase ~ compliance, to the p~ m~flg this r~uflt at the id~-- ~--~ ~ ' P ~ ira -- --~ ~ a~e. You ~ve the ti~ht to see~ in advice, t~e ~uonable cost of ptep~n[ the copi~ ord~ compellifl~ you to comply l'FIIS SC'BI:Ok-WA WAS ISSUL:D AT THE REQUEFF OF TI.F~ FOLLOWING PERSON: NAM~ aO~ R. NYNOS~ ESQ. ADDR~S: 320 ~n~RT ST.. PO BX 1268 , ~ISBURG, PA 17108 T~LEPHON~ Y 1 ~-2A6-nqo0 SUPREME COD~ ID ~ Seal of the Couet EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WEST SHORE FAMILY PRACTICE 550 N. 12TH ST. LEMOYNE, PA 17043 RE: 62447 PATR/CIA V. LUJANAC INCLUDING BUT NOT LIMITEDTO DOCTOR REPORTS, ){i-RAY REPORTS, MR/ REPORTS, HOSPITAL RECORDS, EMERGENCY ROOM RE, CORDS, PHYSICAL THERAPY REPORTS/RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to ~my examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: PATRICIA V. LUJANAC 97 PLEASENT VIEW TERRANCE, NEW CUMBERLAND, PA 17070 Social ~S~.urity #: 201-52-8390 Date of B~rth: 03-02-1930 s1r10-309402 62447--L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.l~.2 IN THE MATTER OF: PATRICIA LUJANAC AND PAUL L. LUJANAC -VS- JASON L. TROSTLE COURT OF C0~40N PLEAS TERM, CASE NO: 01-1595 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to se~re the subpoena. DATE: 06/26/2001 MCS on behalf of JOHN R. NINOSKY, EsquIRE Attorney for DEFENDANT DEll-261445 62447--L04 C 0 l~]l~lO l~U~r]~ ~%-I., T H OF PENN S~'L, VAN IA COUI~TY OF CIJlW_BERJ_,AND IN THE MATTElt OF.. PATltlCIA LUJANAC AND PAUL L. LUJANAC -VS- JASON L. TROSTLE COURT OF ¢0~4ON PLEAS TERM, CASE NO: 01-1595 NOTICE OF INTt~I~T TO SERVE A SUBP~w~ TO PRODUCE DOCHt~I~TS Tltxt~t~ FOR DISCoV=KX I~UiiSUANT TO RTr~._~ 4009.2] HOLY SPIltIT HOSPITAL HOLY SPIltIT HOSPITAL WEST SHOP~ FAMILY P~ACTIClt G~ HILL FAMILY ~.aT/~lt CTR HEALTHSOUTH MEDICAL X-RAY ONLY ~DICAL RECORDS & IILtYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: HICHAEL K. KOSIK, ESQUTn~ HCS on behalf of JOHN It. NXNOSIUff ESQUIRE intEmds to serve a subpoena identical to the one that is attached to this notiCE:. YOU have twenty (20) days from the date listed belme in which to file of record and serve upon the undersisned an objection to the subpoena. If the tw~mty day notice period is waived or if no objection is made, then the subpoe~t may be served. Complete copies of any reproduced records may be ordered at ],our expense by c~letin$ the attached counsel card and returnin8 same to HCS or by contactin$ our local It(iS office. DATE= 0610612001 CC: JOHN R. ITXNOSKY, ESqUIRE - 227~0-109~ tiCS on behalf of JOHN lt. NINOSI~ ESqUIRE Attorney for DEFENDANT Any questions regardin$ this matter, contact $~a HCS GROUP I1~1. 1601 NAS~T STREET t8oo PHTT~n~pB~, PA 19103 (215) 246-0900 DE02-155127 62447--C01 COMMON'W'EALTH OF P_FNNSY VANIA couN'rv oF CUMB] PATRICtA LUJANAC & PAUL L.LIJANAC VS JASON L.TROSTLE FHe No. SUBPOENA TO PRODUCE DOC~M~-r$ OR TFIING,,; F. OR DISCOVERY PURSUA_N-r TO RULE 4009 7, TO: CUSTODIAN OF RECORDS FOR: GREEN HILL FAMILY HEALTH CENTER (Kam~ of Pe~on or -:.~lt?) Within Pwe,..~..- {~) days a~er ser%'ice of this subpoena, you au'e order'ed j~* ~e c~ar~ to produce the following documents or things: ~ at MCS GROUP INC.,1601 MARKET ST., t800, PHILA.,FA 19103 '---------- You may de~.'et or mail legible copifl of the dKum~ M ~ t~ ~u~ted by t~s sub.rtL together with the cemficate ~ compliance, to the p~ m~ng this r~ ~ ~ ~M ~ a~e. You ~ve the right to see~ in advice, the ~uonable cost of ptep~ns the copi~ ~ ~ I~ ~ ~L you fa. il te ?oduce the documents or thinx required I~. this mdq~eea, wttI~n twefl~/(20) days ~ter its service, the pa~'ty sefl'ing th~s subpoena may seek a co~fl' order com~eiliaj ~ m eompl? '~'ith i~. ' THIS gL'BPOe-Nh WAS ISSUED AT THE REQ~ OF TI-I'E r--OLLOWING PERSON: NA.M!~, JOHN R. NINOSKY, ESQ. ADDRESS: 320 MARYF, T ST.. PO BX 1268 HARRISBURG, PA 17108 TELEPHON~ ? 1 ~-~a6-0900 SUPREME CO~ lO ~ DATE: Se~ofthe Com't ~-'~f ?/9:% EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GREEN HILL FAMILY HEALTH CTR 503 BRIDGE STREET NEW CUMBERLAND, PA 17070 RE: 62447 PATRICIA V. LUJANAC INCLUDING BUT NOT LIMITED TO DOCTORS' REPORTS/RECORDS, X-RAY REPORTS, MRI REPORTS, HOSPITAL RECORDS, EMERGENCY ROOM RECORDS, PHYSICL THERAPY REPORTS/RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: PATRICIA V. LUJANAC 97 PLEASENT VIEW TERRANCE, NEW CUMBERLAND, PA 17070 Social Security g:. 201-52-8390 Date of Birth: 03-02-1930 SU10-309404 624 4 7 --LO4 CElt?IFICATE PREREQUISITE TO SERVICE OF A .~;UBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICIA LUJANAC AND PAUL L. LUJANAC JASON L. TROSTLE COURT OF COt~40N PLEAS TERM, CASE NO: 01-1595 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/26/2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-261446 624 4 7 --LO 5 C O~O ~VW]~.AL T H OF PENNSYLVANIA COUNTY OF ClI~IBE RLAND IN THE MATTER OF: PATRICIA LUJANAC AND PAUL L. LUJANAC JASON L. TROSTLE COURT OF C0~0N PLEAS TERM, CASE NO: 01-1595 NOTICE OF INTZNT TO SERVE A SUBPOENA TO PRODUCE DOC~MRN~S ANn T~INGS FOR DISCO~R! PURSUANT TO RT~.~. 4009,21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL WEST SHOP~E FAMILY PP~CTICE GPJ~.~4 HILL FAMILY RRAT.T~ CTR ~SOUTu MEDICAL X-rAY ONLY MEDICAL ~ECOHDS & X~AYS MEDICAL P~COP~DS & X~AYS MEDICAL HECORDS & X~AYS TO: MICHAEL E. KOSIK, ESQUIKE HCS on behalf of JO[~ R. NINOSK~, ESQUIRE 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 c~uleting the attached counsel card and returning same to MCS or by contacting our local ~CS office. DATE: 0610612001 CC: JO~ R. NINOSKY, ESQUIRE - 22740-1093 MCS on behalf of J0~NR. NINOSk'Y, ESq~ Attorney for DEFENDANT Any questions regarding this matter, contact · r~l~ MCS GROUP INC. 1601)4AR~T STREET J800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-155127 62447--C01 COMMONWEALTH OF PE2~/NrsYLVANiA ' C~OUNTY OF CUMB~'RL~\,D PATRICIA LUJANAC & PAUL L.LIJANAC VS JASON L.TROSTLE File No. m -I ~9~ SUBPOENA TO PRODUCE DOCUM~-"%"rs QR THING.~; FOR DISCOVERY PURSUA.N-I' 'rD RULE 4009,7 TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUND RE~L~BILITATION CENTER (Nama of* Penofl or ~n~n.,~ Whhifl rwe.,-:? f~n) days a~tar ser%'ice o[ th~s subpo*na, you are ordered ~r the C~art to produce the following documents or :hings: ~ ~ HED ~ You may dei~.er or mail legible copies of the documents or p~duce e~ ~umed by t~s sub~n~ ro~e~her with the ce~ificate ~ ~ompfiance. to the · · P~ m~flS th~s requ~e at the adM Ue~ a~e. You ~ve the right to see~ in advice, the ~uenable col~ o~ ptep~n8 the copi~ oe ptod~n~ the ~n~ ~ If you f~l to ~oduce the documents or thin~l required by this subp~.~a, within t~en~ (20) days after its serv ice. r he party, serving th/s s~bpoena may seek · cm.u't order compelling you to comply with ~ THIS SL'BPOP_.WA WAS ISSUED AT TIdE REQUEST OFT'dE FOLLOWING PERSON: NAMe' JOHN R. NINOSKY, ESQ. ADDRESS: 320 MAI~ItET ST.. PO BX 1268 HARRISBURG, PA 17108 TELEPMON-'. ? ! 5UPREM£ COb'ITT ID ~ ATTOR.N~' FOIIz ~DEFENDANT D^w.: . t__ 2_00 Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH 503 BRIDGE ST. NEW CUMBERLAND, PA 17070 RE: 62447 PATRICIA V. LUJANAC INCLUDING BUT NOT LIMITED TO DOCTORS' REPORTS/RECORDS, X-RAY REPORTS, MRI REPORTS, HOSPITAL RECORDS, EMERGENCY ROOM RECORDS, PHYSICAL THERAPY REPORTS/RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the pre~nt. Subject: PATRICIA V. LUJANAC 97 PLEASENT VIEW TERRANCE, NEW CUMBERLAND, PA 17070 Social Security #: 201-52-8390 Date of Birth: 03-02-1930 SU10-309406 62447--L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICIA LUJANAC AND PAUL L. LUJANAC -VS- JASON L. TROSTLE COURT OF COMMON PLEAS TERM, CASE NO: 01-1595 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to se~e the subpoena. DATE: 09/04/2001 Attorney for DEFENDANT DEll-277297 6244 7 --LO 6 C O ~'/1~O I~-~rEAL T H OF PENbISYLVAN IA COUNTY OF C UlVIB ]~.- RLAND IN THE MATTER OF: PATRICIA LUJANAC AND PAUL L. LUJANAC -VS- JASON L. TROSTLE COURT OF C0~0N PLEAS TERM, CASE NO: 01-1595 NOTICE OF INTEN'~ TO SERVE A SUBPORN& TO PRODUCE DOCrI~R~TS AND THINGS FOR DISCOvI~RY PUIiSUAN~ TO RULE 4009.2] PItYSICIAN OF REMAB. MEDICAL TO: MICHAEL E. KOSIK, ESQUIRE MCS on behalf of JOHN R. NINOSEY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed belme in which to file of! record and serve upon the undersigned an objection to the subpoena. If the t~nty 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 HCS or by contacting our local MCS office. DATE: 08/14/2001 CC: JOHN R. NINOSKY, ESQUIRE - 22740-1093 MCS on behalf of JOHN R. NINOSKY, ESqUIRE Attorney for DEFENDANT Any questions regarding this matter, contact TREHCS CROUP INC. 1601 HARKET STREET t800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-162158 62447 --CO1 COMMONrla~LTH OF PF~4NrsYLVANiA ' COUNTY OF CUMBE~RL&ND PATRICIA LUJANAC & PAUL LUJANAC VS JASON L. TROSTLE File No. 01-1595 SUBPOENA TO PRODUCE DO~-I'S OR THINGs; FOR DISCOVERY PURSUANT 'FO RULE 4009 ~, TO: CUSTODIAN OF RECORD FOR: PHYSICIANS REHAB.,INDUSTRiAL & SPORTS MEDICINE,P.C. (Nam~ of P~on or ~'~.~) ~ W~thin rwe..-~... [20) days a~er service of this subpoena, you are ordere~l by the court to produce the following documents or things: . INC. 1601 MARKET ST. #800, P at HILA. ,.PA 19103 (Addl'~s) YOu may ds~.e~ or mail feeble copies of the documents or produce thirt~ r~gl~aested by ce,ifica~e ~ complines, to the p~ m~n~ this r~uflt at the ad~ U~ a~e You ~ve the right to see~ advice, the ~uonable cos~ of prep~n8 the copi~ ot ptodudng the ~n~ If you ~I to ~oduce the d~ument~ ot t~n~ required by t~s sub~ ~ ~en~ (~) ~avs ~tet its sec'ice, the se~'ing t~ su~ena may s~k a c~ order compelling you to comply ~d~ ~ ' T'I-IIS SL-BPOENA WAS ISSUED AT THE REQUEST OF TI-I~ F'OLLOWING PERSON': NAME: ADDR.rr~$: TELEPHON-'- SUPR~M£ COURT ID #: ATTO R.'~Ey FOR: JOHN R. NINOSKY. ESQ~ 320 MARKET ST., PO BX 1268 HARRISBURGI PA 17108 215-246-0900 D^T~ .J t,ca /d3 . / Seal of the Court (-':ff. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PHYSICIAN OF REHAB. 175 LANCASTER BLVD. P.O. BOX 2028 MECHANICSBURG, PA 17055 RE: 62447 PATRICIA V. LUJANAC INCLUDING XRAY REPORTS, MRI REPORTS, HOSPITAL RECORDS/REPORTS, EMERGENCY ROOM RECORDS, PHYSICAL THERAPY REPORTS AND RECORDS. Any and all records, correspondence, files and memorandum.% handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. sDuabjl? Req~.es~_: up to and including the present. ect: PATRICIA V. LUJANAC 97 PLEASENT VIEW TERRANCE, NEW CUMBERLAND, PA 17070 Social Security/~. 201-52-8390 Date of Birth: 03-02-1930 $t1'10-323126 62447--L06 PATRICIA LUJANAC AND PAUL L. LUJANAC, Plaintiffs VS. JASON L. TROSTLE, Defendant TO THE PROTHONOTARY: Kindly mark the docket DISCONTINUED WITH PREJUDICE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-1595 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE of this matter, SETTLED AND Date: )~bmitted, Michael E. Kcsik, Esquire Attorney I.D. No.: 36513 4503 North Front Street Harrisburg, PA 17110-1799 Attorneys for Plaintiffs