HomeMy WebLinkAbout10-6451FILED-OFFICE
OF THE PROTHONOTARY
2710 OCT 12 PM 2' 03
CU BERLA ND COUNTY
JANET B. CHRISOPOULOS
vs
TYLER J. ZURICH and
UGI UTILITIES, INC.
NOTICE
Civil Action - Law
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 DAYS AFTER THIS PRELIMINARY OBJECTIONAND NOTICE ARE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association BY
32 S. Bedford Street William ou a s .
Carlisle PA 17013 717-249-3166 Ralph D. Oyler, Esq. q
Attorney for Plaintiff
DATE: October 7, 2009
Plaintiff
Defendants
?2 WSI S
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. /Q - ?,Yr/ Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION-LAW
JANET B. CHRISOPOULOS, No. `
Plaintiff ?? 1
Vs.
TYLER J. ZURICH. and
UGI UTILITIES, INC.,
Defendants
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff, Janet B. Chrisopoulos, is an adult individual
residing at 200 Appleton Place, Apartment 2D,
Frederick, Maryland 21703.
2. Defendant, Tyler J. Zurich, is an individual residing at,
988 Martin Lane, Harrisburg, Pennsylvania 17111.
3. Defendant, UGI Utilities, Inc., is a corporation
organized and existing under the laws of the
Commonwealth of Pennsylvania, and maintains its
principal place of business at 460 North Gulph Road,
1
King of Prussia, Pennsylvania 19406 and a mailing
address of P.O. Box 858, Valley Forge, PA 19482.
4. On or about July 1, 2009, at approximately 1:00
o'clock, p.m., there was a collision involving a
commercial vehile owned by defendant, UGI Utilities,
Inc., and operated by defendant, Tyler J. Zurich, and
a car in which plaintiff was a passenger.
5. At the time of the collision plaintiff was a front seat
belted passenger a 1993 Honda Civic travelling on
Good Hope Road, in Hampden Township,
Mechanicsburg, Cumberland County, Pennsylvania.
The collision occurred at or near GPS coordinate 40
degrees, 17 minutes 2 seconds north by 76 degrees 59
minutes 10 seconds when the commercial vehicle
owned by defendant UGI Utilities, Inc., and operated
by defendant Tyler J. Zurich, struck the car in which
plaintiff was a passenger.
2
6. At the time of the collision, defendant, UGI Utilities,
Inc., was the owner of, and had under its care,
control, custody, maintenance and supervision, the
commercial vehicle that was involved in the collision.
7. At the time of the collision, the commercial vehicle
was being operated by Tyler J. Zurich who was acting
within the course and scope of his authority as the
agent, servant, or employee of the defendant, UGI
Utilities, Inc., while on the business of the defendant,
UGI Utilities, Inc.
8. The collision occurred because defendant Tyler J.
Zurich operated the commercial vehicle in such a
reckless, careless, and negligent manner so as to run
into, strike, and collide with the rear of the car in
which plaintiff traveling.
9. Defendant, Tyler J. Zurich, was negligent in some or all
of the following particulars:
3
a. In failing to keep a proper lookout;
b. In failing to yield the right of way;
c. In driving too fast under the conditions and
circumstances;
d. In failing to operate the brakes in such a manner
that his vehicle could be stopped before
colliding with plaintiff's vehicle;
e. In failing to use due care and in acting without
due regard for the rights and safety of other
drivers;
f. In failing to maintain an assured clear distance
between plaintiff's vehicle and his vehicle;
g. In failing to observe with reasonable care the
traffic and road conditions, including the
location of plaintiff's vehicle;
4
h. In violating the provisions of the Pennsylvania
Motor Vehicle Code regulating the operation of
motor vehicles.
I O.As a result of the negligence of defendants plaintiff
sustained the following injuries, all of which are or may
be of a permanent nature;
a. Severe and disabling injuries to various parts of
the body, including the back, neck, and upper
extremities;
b. Material aggravation of cervical spondylosis with
radiculopathy;
c. Material aggravation of lumbar spondylosis with
radiculopathy;
d. Severe shock and injury and damage to the
nerves and nervous system; and,
e. Nervousness, emotional tension, anxiety,
personality change and depression.
5
11.Plaintiff has sustained the following damages as the
result of these injuries:
a. She has endured and will in the future endure
pain, suffering, inconvenience, embarrassment,
mental anguish and emotional and
psychological trauma;
b. She has expended and may in the future expend
money for medical treatment and care,
hospitalization, medical supplies, surgical
appliances, rehabilitation and therapeutic
treatment, medicines and other attendant
services;
c. She has and will continue to sustain lost earnings,
and her earning capacity has been reduced
and may be permanently impaired;
6
d. She has been and will in the future be unable to
enjoy various pleasures of life that she previously
enjoyed; and
e. Her general health, strength, and vitality have
been impaired.
WHEREFORE, plaintiff demands judgment in her favor
and against defendants, jointly and severally, in an amount
in excess of the jurisdictional amount for compulsory
arbitration.
Respectfully submitted,
William P. Douglas, E
Douglas Law Office
43 West South Street
P.O. Box 261
Carlisle, PA 17013
717.243.1790
and IJ 02)
RRallhfi D. Oyler, sq.
Oyler Law Firm
31 S. Washington St.
Gettysburg, PA 17325
717.337.31 11
7
VERIFICATION
I, Janet Chrisopoulos verify that the facts and matters set
forth in this complaint are true and correct to the best of my
knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Dated: o" 1- 10
Ja t Chrisopoulos
CG
g
,I k bo
Jason C. Giurintano, Esquire
L D. 89177
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717)237-7157
. jgiurintano@tthlaw. com
tf 'O 'IC'I'
r OTH0,?6
Q7AFrY
C U'E A
Attorneys, for Defendants
JANET B. CHRISOPOULOS,
Plaintiffs
V.
TYLER J. ZUVICH and
UGI UTILITIES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-6451
CIVIL ACTION - LAW
AND NOW, come Defendants, UGI Utilities, Inc., and Tyler Zuvich (incorrectly named
in the Complaint as "Tyler Zurich"), by and through their counsel, Thomas, Thomas & Hafer,
LLP, and hereby file the following Preliminary Objections, stating as follows:
This civil action concerns a motor vehicle accident which occurred on July 1,
2009. See Plaintiff s Complaint, Exhibit "A," at ¶ 4.
2. More specifically, the Complaint alleges that Plaintiff was a passenger in a 1993
Honda Civic when a vehicle owned by Defendant UGI and operated by UGI employee
Defendant Zuvich rear-ended the vehicle in which Plaintiff was a passenger. See Id. at ¶T 5-7.
3. Plaintiff instituted his action against Defendants by filing a Complaint on October
12, 2010.
4. Thereafter, Plaintiff never attempted to have the Sheriff serve the Complaint on
either Defendant within thirty days of filing the Complaint.
1
?I
r
5. Under Pa.R.C.P. No. 401(a), a plaintiff has thirty days to serve the defendant(s)
after the filing of the Complaint.
6. Unless re-issued, a Complaint becomes "dead" at the expiration of thirty days if
service is not effectuated. See, e.g., Twp of Lycoming v. Shannon, 780 A.2d 835, 839 (Pa.
Commw. 2001).
7. Plaintiffs here failed to ever re-issue the Complaint until July 14, 2011, some
eight months after the thirty day time period.
8. At no time from the filing of the Complaint on October 12, 2010 and the first re-
issuance of the Complaint on July 14, 2011, did Plaintiff make any effort to serve the Complaint.
9. Pennsylvania Rule of Civil Procedure 1028(a) permits a party to file preliminary
objections based on, among other things: "failure of a pleading to conform to law or rule of court
or inclusion. of scandalous and impertinent matter," " insufficient specificity in a pleading" and
"legal insufficiency (demurrer)." See Pa.R.C.P. 1028(a)(2), (3) and (4).
FIRST PRELIMINARY OBJECTION IN THE NATURE OF
A MOTION TO STRIKE SUBPARAGRAPHS 9(e) AND 9(h) FROM PLAINTIFF'S
COMPLAINT FOR FAILURE TO CONFORM TO LAW OR RULE OF COURT AND
LACK OF SPECIFICITY PURSUANT TO PA.R.C.P. 1028(A)(2)-(3)
10. The above paragraphs are hereby incorporated as if the same were set forth fully
herein.
11. Subparagraph 9(h) of Plaintiff's Complaint alleges that Defendant Zuvich was
negligent for "Violating the provisions of the Pennsylvania Motor Vehicle Code regulating the
proper operation of motor vehicles." See ¶ 9(h) of Plaintiff's Complaint.
12. Subparagraph 9(e) of Plaintiffs Complaint alleges that Defendant Zuvich was
negligent in "failing to use due care and in acting without due regard for the rights and safety of
other drivers" See ¶ 9(e) of Plaintiff's Complaint.
2
I 3. Under the Pennsylvania Rules of Civil Procedure, "[t]he material facts on which a
cause of action or defense is based shall be stated in a concise and summary form." Pa.R.C.P.
1019(a).
14. Rule 1019(a) requires fact pleading and "has been interpreted to mean that the
complaint must not only apprise the defendant of an asserted claim, but it must also synopsize
the essential facts to support the claim." Miketic v. Baron, 675 A.2d 324, 331 (Pa. Super. 1996).
15. To determine if a pleading meets Pennsylvania's specificity requirements, a court
must ascertain whether the facts alleged are "`sufficiently specific so as to enable [a] defendant
to prepare his defense ...."' Smith v. Wagner, 588 A.2d 1308, 1310 (Pa. Super. 1991) (internal
citation omitted); See also In re Barnes Found., 661 A.2d 889, 895 (Pa. Super. 1995) (indicating
that "`[a pleading] should formulate the issues by fully summarizing the material facts' and `[a]s
a minimum, a pleader must set forth concisely the facts upon which his cause of action is based. .
(alterations in original) (citations omitted).
16. When a pleading lacks the requisite specificity, a party may preliminarily object
to the pleading seeking to have the same stricken or seeking a more definite statement. See
Pa.R.C.P. 1028(a)(3); See also Connor v. Allegheny Gen. Hosp., 461 A.2d 600, 603, n.3 (Pa.
1983) (cautioning that "[i]f appellee did not know how it `otherwise fail[ed] to use due care and
caution under the circumstances,' it could have filed a preliminary objection in the nature of a
request for a more specific pleading or it could have moved to strike that portion of appellants'
complaint.") (alteration in original).
17. Recent Pennsylvania appellate decisions have continued to uphold Connor and its
progeny. See Graham v. Campo, 2010 PA Super 5, P12 (Pa. Super. 2010) (explaining that
"[G]eneral pleading allegations which are not objected to because of their generality may have
3
the effect of extending the available scope of a party's proof, such that the proof would not
constitute a variance, beyond that which the party might have been permitted to give under a
more specific statement.")
18. In the instant case, in subparagraph 9(h) of the Complaint, Plaintiff avers that
Defendant Zuvich was negligent for "Violating the provisions of the Pennsylvania Motor
Vehicle Code regulating the proper operation of motor vehicles." See Complaint at ¶ 9(h).
19. Said subparagraph lacks the specificity required under Pennsylvania law because
it fails to identify the provisions that were allegedly violated, in contravention of Pennsylvania's
specificity requirements.
20. Accordingly, subparagraph 9(h) should be stricken from Plaintiffs Complaint for
lack of specificity.
21. Subparagraph 9(e) of Plaintiffs Complaint alleges that Defendant Zuvich was
negligent in "failing to use due care and in acting without due regard for the rights and safety of
other drivers." See ¶ 9(e) of Plaintiff's Complaint.
22. Overly broad and catch-all language such as "otherwise negligent" has routinely
been found by Courts in this Commonwealth to lack the specificity required by the Pennsylvania
Rules of Civil Procedure, and therefore, has been stricken. See e.g. Cicero v. Cominsky, 25 Pa.
D.&C.4th 422 (Luzerne County Ct. Com. Pl. 1995) (striking the phrase "including but not
limited to" from the negligence allegations of Plaintiff's Complaint); Treco, Inc. Y. Wolf Invs.
Corp., 2001 Phila. Ct. Com. Pl. LEXIS 75, at *4 (Phila. Com. P. LEXIS 2001) (striking
"otherwise negligent under the circumstances."); Mitchell v. Remsky, 39 Pa. D. & C.4th 122
(Lackawanna County Ct. Com. Pl. 1998) (striking "[s]uch other acts of negligent conduct,
careless conduct and gross, wanton and reckless conduct as shall be discovered during the course
4
of proper discovery under the applicable Pennsylvania Rules of Procedure."); Flurer v. Pocono
Medical Ctr., 15 Pa. D.&C.4th 645 (Monroe County Ct. Com. Pl. 1992) (striking "failing to
exercise proper skill, diligence and care under the circumstances.")
23. Here, the overly broad allegations of "failing to use due care" lack the specificity
required by the Pennsylvania Rules and law and should be stricken from Plaintiffs Complaint,
with prejudice.
WHEREFORE, Defendants respectfully request that this Honorable Court strike the
overly broad and unlimited catch-all language contained in subparagraphs 9(e) and 9(h) from
Plaintiffs Complaint.
SECOND PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE
PLAINTIFF'S ALLEGATION OF "RECKLESS" FROM PLAINTIFF'S COMPLAINT
24. The above paragraphs are hereby incorporated as if the same were set forth fully
herein.
25. In Paragraph 8 of the Complaint, Plaintiff generally and conclusively avers the
Defendant Zuvich was "reckless" in causing the subject accident.
26. Plaintiffs Complaint fails to set forth any factual allegations which would
constitute "recklessness" or similar conduct on the part of Defendant Zuvich
27. More specifically, when examining the factual content of the Complaint as it
relates to the alleged conduct of Defendants, it is clear the same, if true (which is specifically
denied), supports no more than a finding of negligence.
28. A defendant acts recklessly when his conduct creates an unreasonable risk of
physical harm to another and such risk is substantially greater than that which is necessary to
make his conduct negligent. Phillips v. Cricket Lighters, 883 A.2d 439, 445-46 (Pa. 2005).
5
29. Such averment must be premised upon conduct and an intent by the defendant
exceeding ordinary negligence. See McClellan v. HMO, 604 A.2d 1053, 1061 (Pa. Super. Ct.
1992).
30. Under Pennsylvania law, recklessness requires a showing that the actor knew or
had reason to know of facts which created a high degree of risk or physical harm to another and
that the actor deliberately proceeded to act, or failed to act, in conscious disregard of, or
indifference to, that risk. SHV Coal. Inc. v. Cont'l Grain Co., 587 A.2d 702, 704 (Pa. 1991).
31. Here, Plaintiff's Complaint is devoid of any allegation of facts demonstrating that
Defendants knew, or had reason to know, that their conduct created an unreasonable risk of
physical harm to another or that such risk was substantially greater than that which is necessary
to make Defendant Zuvich's conduct negligent.
32. The facts, as pled in Plaintiff's Complaint, fail to rise to the level of culpability
required to assert a claim of recklessness against Defendants.
33. The Complaint's allegation that Defendant Zuvich failed to stop his vehicle,
resulting in the subject accident, supports a claim of ordinary negligence only.
34. The Plaintiff's Complaint in no way supports an allegation that Defendants
deliberately proceeded to act, or failed to act, in conscious disregard of, or indifference to a risk
of physical harm to Plaintiff, notwithstanding their knowledge of the same.
35. It is inconceivable upon what factual or legal basis Plaintiff is claiming
recklessness by Defendants in a minor collision where no additional facts, such as Defendant
Zuvich's use of alcohol or drugs at the time of the accident, exist.
36. As such, Plaintiff's averments of recklessness by Defendants should be stricken
with prejudice as the same is both factually and legally unsupported.
6
Wherefore, Defendants respectfully request that this Honorable Court strike all references
to the term "reckless" from Plaintiff s Complaint.
THIRD PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE
PLAINTIFF'S COMPLAINT FOR IMPROPER SERVICE AND FAILURE TO NOTIFY
DEFENDANT PA R.C.P. NO. 1028(A)(1), (4)
37. The above paragraphs are hereby incorporated as if the same were set forth fully
herein.
38. As mentioned above, the instant action concerns a claim for negligence against
Defendants and concerns an incident that occurred on or about July 1, 2009.
39. In the instant case, Plaintiff instituted his action against Defendants by filing a
Complaint on October 12, 2010.
40. Thereafter, Plaintiff never attempted to have the Sheriff serve the Complaint on
either Defendant within thirty days of filing the Complaint.
41. Under Pa.R.C.P. No. 401(a), a plaintiff has thirty days to serve the defendant(s)
after the filing of the Complaint.
42. Unless re-issued, a Complaint becomes "dead" at the expiration of thirty days if
service is not effectuated. See, e.g., Twp of L c? oming v. Shannon, 780 A.2d 835, 839 (Pa.
Commw. 2001).
43. Plaintiffs here failed to re-issue the Complaint until July 14, 2011, some eight
months after the thirty day time period and after the statute of limitations had already run.
44. Further, under Pennsylvania law, a negligence action must be commenced within
two years of the incident or it will be barred by the statute of limitations. See 42 Pa.C.S.A. §
5524.
7
45. While Defendants do not dispute that Plaintiff's action was instituted within this
time period, even where an action is timely filed, the commencement of the action will remain
effective "only if the plaintiff then refrains from a course of conduct which serves to stall in its
tracks the legal machinery he has just set in motion." See Lamp v. Heyman, 366 A.2d 882, 889
(Pa. 1976). See also McCreesh v. City of Phila., 888 A.2d 664, 672 (Pa. 2005) (quoting Lamp);
Farinacci v Beaver County Indus. Develop. Auth., 511 A.2d 757, 759 (Pa. 1986) (quoting
Lamp).
46. Thus, "Lamp requires of plaintiffs a good-faith effort to effectuate notice of
commencement of the action." See Farinacci, 511 A.2d at 759. See also McCreesh. 888 A.2d at
668 ("the Lamp rule requires plaintiffs to make a good faith effort to effectuate notice upon the
defendant in order to keep the action alive.")
47. Pursuant to the Lamp rule, dismissal of the action is appropriate "where plaintiffs
have demonstrated an intent to stall the judicial machinery or where plaintiffs' failure to comply
with the Rules of Civil Procedure has prejudiced defendant." See McCreesh, 888 A.2d at 674.
48. Where a failure to comply with the Lamp rule is alleged, "[t]he plaintiff
bears the burden to establish that he or she made a good faith effort to serve the original
process on the defendant." Miller v. Klink, 871 A.2d 331, 336 (Pa. Commw. Ct. 2005).
49. Further, whether a good faith effort to effectuate notice was made is left to the
sound discretion of the trial court. See Farinacci, 511 A.2d at 759.
50. In exercising this discretion, the Court may dispense with the need for an
evidentiary hearing and dismiss the action where it is clear that the plaintiff failed to make a
good faith effort to effectuate service. See Miller, 871 A.2d at 335 n.9 (citing Parr v. Roman,
822 A.2d 78, 81 (Pa. Super. Ct. 2003)).
8
51. In Miller, su ra, the Commonwealth Court applied the above principles in a case
where the plaintiff timely instituted suit and made an immediate, but unsuccessful, attempt at
service. and thereafter failed to make a further good faith effort to effectuate service. See id. at
332.
52. The Commonwealth Court affirmed the trial court's granting of a demurrer to the
Complaint, finding the lack of a good faith effort to serve to be clear as a matter of law. See id.
at 335-36.
53. The Court found that while it did not appear that the plaintiff intentionally
delayed service, dismissal was nonetheless appropriate because the plaintiff "neglected to keep
the legal machinery in motion with respect to notifying [the defendant] of the commencement of
an action against him." See id. at 336.
54. With all of the above in mind, it is clear that Plaintiff has not made a good faith
effort to serve Defendant with original process and has stalled the machinery of justice.
55. Given that Plaintiff never even attempted to have the Complaint served, Plaintiff's
efforts from October. 2010 to the present have fallen well short of the Lamp rule's good faith
requirement.
56. More than nine months passed from the time Plaintiff first instituted suit until
service of process was completed via acceptance of service.
57. Viewed as a whole, it is clear that Plaintiff's actions subsequent to October 2010
demonstrate an intent to stall the judicial machinery, as in Lamp, Farinacc1 and Miller.
53. For this reason only, Plaintiff s action should be dismissed.
9
58. Further, as an alternative ground for the dismissal of Plaintiffs action, it is
respectfully submitted that Defendant has been prejudiced by Plaintiffs failure to effectuate
timely service of process.
59. As the Pennsylvania Supreme Court recognized in McCreesh, dismissal of the
action is appropriate "where plaintiffs have demonstrated an intent to stall the judicial machinery
or where plaintiffs' failure to comply with the Rules of Civil Procedure has prejudiced
defendant." See McCreesh, 888 A.2d at 674 (emphasis added).
60. In the instant case, it is respectfully submitted that Defendant has been prejudiced
by Plaintiffs failure to comply with the applicable rules of procedure and Plaintiffs' failure to
provide Defendant with timely notice of the filing of this action, since more than two years have
no passed since the subject accident occurred.
61. Pennsylvania Courts have recognized that the purpose of a two-year statute of
limitations in negligence actions is to avoid stale claims where individuals are called to defend
themselves long after memories have faded. See Crisante v. J. H. Beers, Inc., 443 A.2d 1150,
1152 (Pa. Super. Ct. 1982) (discussing the applicability of the two-year statute of limitations to
claims for property damage).
62. For Defendants to now be called to defend themselves against Plaintiffs claim
would be unfairly prejudicial given the significant passage of time.
63. Accordingly, Plaintiffs Complaint should be stricken and his cause of action
should be dismissed.
WHEREFORE, it is respectfully requested that this Honorable Court strike Plaintiff s
Complaint and dismiss Plaintiff s cause of action against Defendants, with prejudice.
10
Respectfully
DATE:
THOMAS, T#IOMAS & HAFER, LLP
By:
Esquire
I.D.#8917
305 NortFront Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7157
Attorneys for Defendants
11
rv
?n• nr - l L I it 2' - -?
JANET B. CHRISOPOULOS
Plaintiff
vs
TYLER J. ZURICH and
UGI UTILITIES, INC.
Defendants
NOTICE
Civil Action - Lave
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS
SEI' FORTH IN THE FOLLOWING PAGES. YOU MUST TAKE ACTION WITHIN
TWENTY DAYS AFTERTHIS PRELIMINARY OBJECTIONAN.D NOTICE ARE. SERVED.
13Y LNTERING A WRITTEN APPEARANCE PERSONALLY OR BY AT"IORNFY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO T111-
CLAI;,\•"S SET FORTH AGA[NST YOU. YOU ARE WARNED THAT IF YOU FAIL TO D()
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
INIPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle PA 17013 717-249-3166
DATE: October 7, 2009
In the Court of Common Pleas of
Cumberland County, Pennsylvania
BY
?h'illiam oug a , sq.
Ralph D. Oyler, Esq.
Attorney for Plaintiff
E ctnerr
I _ 4 _
No. /,0 - (oyf?/ Civil Term
TRUE COPY FROM RECORD
In Testimony whored, i +h?ere unto get my hand
and the sea] of said CJ at Cariisl% Pa. ?G?
This j:S2?..daY d Prott»? notay
CLn, •Y-•i 1st 1T?s V+`+Ll1uaV 1 n?
.w'`r .y?.'i11? :y.sirrp? ? lUt6*_? g?! bf1S
-. i ?1? ZKT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION-LAW
JANET B. CHRISOPOULOS,
Plaintiff
Vs.
TYLER J. ZURICH. and
UGI UTILITIES, INC.,
Defendants
. No.
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff, Janet B. Chrisopoulos, is an adult individual
residing at 200 Appleton Place, Apartment 2D,
Frederick, Maryland 21703.
2. Defendant, Tyler J. Zurich, is an individual residing at,
988 Martin Lane, Harrisburg, Pennsylvania 17111.
3. Defendant, UGI Utilities, Inc., is a corporation
organized and existing under the laws of the
Commonwealth of Pennsylvania, and maintains its
principal place of business at 460 North Gulph Road,
1
King of Prussia, Pennsylvania 19406 and a mailing
address of P.O. Box 858, Valley Forge, PA 19482.
4. On or about July 1, 2009, at approximately 1:00
o' clock, p.m., there was a collision involving a
commercial vehile owned by defendant, UGI Utilities,
Inc., and operated by defendant, Tyler J. Zurich, and
a car in which plaintiff was a passenger.
5. At the time of the collision plaintiff was a front seat
belted passenger a 1993 Honda Civic travelling on
Good Hope Road, in Hampden Township,
Mechanicsburg, Cumberland County, Pennsylvania.
The collision occurred at or near GPS coordinate 40
degrees, 17 minutes 2 seconds north by 76 degrees 59
minutes 10 seconds when the commercial vehicle
owned by defendant UGI Utilities, Inc., and operated
by defendant Tyler J. Zurich, struck the car in which
plaintiff was a passenger.
2
6. At the time of the collision, defendant, UGI Utilities,
Inc., was the owner of, and had under its care,
control, custody, maintenance and supervision, the
commercial vehicle that was involved in the collision.
7. At the time of the collision, the commercial vehicle
was being operated by Tyler J. Zurich who was acting
within the course and scope of his authority as the
agent, servant, or employee of the defendant, UGI
Utilities, Inc., while on the business of the defendant,
UGI Utilities, Inc.
8. The collision occurred because defendant Tyler J.
Zurich operated the commercial vehicle in such a
reckless, careless, and negligent manner so as to run
into, strike, and collide with the rear of the car in
which plaintiff traveling.
9. Defendant, Tyler J. Zurich, was negligent in some or all
of the following particulars:
3
a. In failing to keep a proper lookout;
b. In failing to yield the right of way;
c. In driving too fast under the conditions and
circumstances;
d. In failing to operate the brakes in such a manner
that his vehicle could be stopped before
colliding with plaintiff's vehicle;
e. In failing to use due care and in acting without
due regard for the rights and safety of other
drivers;
f. In failing to maintain an assured clear distance
between plaintiff's vehicle and his vehicle;
g. In failing to observe with reasonable care the
traffic and road conditions, including the
location of plaintiff's vehicle;
4
h. In violating the provisions of the Pennsylvania
Motor Vehicle Code regulating the operation of
motor vehicles.
1 O.As a result of the negligence of defendants plaintiff
sustained the following injuries, all of which are or may
be of a permanent nature;
a. Severe and disabling injuries to various parts of
the body, including the back, neck, and upper
extremities;
b. Material aggravation of cervical spondylosis with
radiculopathy;
c. Material aggravation of lumbar spondylosis with
radiculopathy;
d. Severe shock and injury and damage to the
nerves and nervous system; and,
e. Nervousness, emotional tension, anxiety,
personality change and depression.
5
i ].Plaintiff has sustained the following damages as the
result of these injuries:
a. She has endured and will in the future endure
pain, suffering, inconvenience, embarrassment,
mental anguish and emotional and
psychological trauma;
b. She has expended and may in the future expend
money for medical treatment and care,
hospitalization, medical supplies, surgical
appliances, rehabilitation and therapeutic
treatment, medicines and other attendant
services;
c. She has and will continue to sustain lost earnings,
and her earning capacity has been reduced
and may be permanently impaired;
6
d. She has been and will in the future be unable to
enjoy various pleasures of life that she previously
enjoyed; and
e. Her general health, strength, and vitality have
been impaired.
WHEREFORE, plaintiff demands judgment in her favor
and against defendants, jointly and severally, in an amount
in excess of the jurisdictional amount for compulsory
arbitration.
Respectfully submitted,
William P. Douglas, E
Douglas Law Office
43 West South Street
P.O. Box 261
Carlisle, PA 17013
717.243.1790
and
Rai WD. Oyler, tqq.
Oyler Law Firm
31 S. Washington St.
Gettysburg, PA 17325
717.337.3111
7
VERIFICATION
I, Janet Chrisopoulos verify that the facts and matters set
forth in this complaint are true and correct to the best of my
knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Dated: n. - I 1 O
Ja t Chrisopoulos
8
L;= -
?-Om LAIN . RF?N` CTATED
PROI'RONOTARY
William P. Douglas, Esq.
Supreme Court I.D. #37926
Douglas Law Office
43 W. South St.
Carlisle, PA 17013
Telephone (717) 243-1790_
Janet B. Chrisopoulos in the Court of Common Pleas of
Plaintiff Cumberland County, Pennsylvania
vs
No. 10 - 6451 Civil Term
Tyler J. Zurich and UGI Utilities, Inc.
Defendants Civil action law
Jury Trial Demanded
Acceptance of Service
Service of the complaint is hereby accepted and receipt of a
copy is hereby acknowledged on behalf of the defendants.
For Defendants
Date: July 15, 2011
CERTIFICATE OF SERVICE
1, Sue-Ellen Danielsen, legal secretary in the employ of Thomas, Thomas & Hafer, LLP, hereby
state that a true and correct copy of the attached document(s) was served upon all counsel of
record on the date set forth below:
William P. Douglas, Esquire
Douglas Law Office
43 W. South Street
P.O. Box 261
Carlisle, PA 17013
Ralph D. Oyler, Esquire
Oyler Law Firm
31 S. Washington Street
Gettysburg, PA 17325
THOMAS, THOMAS & HAFER, LLP
Sue-Ellen Danielsen
Date: 7 l/
971486.1
Jason C. Giurintano, Esquire
I.D. 89177
THOMAS, THOMAS & IIAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717)237-7157
jgiurintano@tthlaw.com
11
.LED-OFFICE
=m, y PROTHONOTAR,"
gal I JUL 29 AN 9: 42
CUMBERLAND COUNT``
PENNSYLVANIA
Attorneys for Defendants
JANET B. CHRISOPOULOS,
Plaintiffs
V.
TYLER J. ZURICH and
UGI UTILITIES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-6451
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
To: Prothonotary
Please enter the appearance of the undersigned for Defendants.
Respectfully submi
THOMAS, THOM#S & HAFER, LLP
By:
Jason C. Giuri Esquire
I.D.#89177
305 No Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7157
Attorneys for Defendants
DATE: ?//
CERTIFICATE OF SERVICE
I, Sue-Ellen Danielsen, legal secretary in the employ of Thomas, Thomas & Hafer, LLP, hereby
state that a true and correct copy of the attached document(s) was served upon all counsel of
record on the date set forth below:
William P. Douglas, Esquire
Douglas Law Office
43 W. South Street
P.O. Box 261
Carlisle, PA 17013
Ralph D. Oyler, Esquire
Oyler Law Firm
31 S. Washington Street
Gettysburg, PA 17325
THOMAS, THOMAS & HAFER, LLP
Sue-Ellen Danielsen
Date:
12
€? ?? ct?--lJf=?'ICE
.?,E PR THON0TAIR
2011 X 29 AM 9: 42
William P. Douglas, Esq.
Supreme Court I.D. #37926
Douglas Law Office
43 W. South St.
Carlisle, PA 17013
Telephone (717) 243-1790_
CUMBERLAND COUNTY
PENNSYLVANIA
Janet B. Chrisopoulos
Plaintiff
vs
Tyler J. Zurich and UGI Utilities, Inc.
Defendants
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 10 - 6451 Civil Term
Civil action law
Jury Trial Demanded
Acceptance of Service
Service of the complaint is hereby accepted and receipt of a
copy is hereby acknowledged on behalf of the defendants.
Date: July 15, 2011
Jason C Giurintano, Esquire
I.D. 89177
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717)237-7157
jgiurtntano@tthlaw. com
JANET B. CHRISOPOULOS,
Plaintiffs
V.
TYLER J. ZUVICH and
UGI UTILITIES, INC.,
Defendants
- " S17YHO1v0 C?ii i
RL AND CO" 1
EN SYLVANIA
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-6451
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO: Janet B. Chrisopoulos
c/o William P. Douglas, Esquire
Douglas Law Office
43 W. South Street
P.O. Box 261
Carlisle, PA 17013
Ralph D. Oyler, Esquire
Oyler Law Firm
31 S. Washington Street
Gettysburg, PA 17325
(717) 337-3111
You are hereby notified to plead to the enclosed Answer with New Matter within twenty
(20) days or a default may be entered against you.
THOMAS`/fWMAS & HAFER, LLP
By:
Jasgs:?C urintano, Esquire
305 No Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7157 (t)
Attorneys for Defendants
Jason C. Giurintano, Esquire
LD. 89177
THOMAS. THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717)237-7157
jgnirintano@tthlaw.com
Attorneys for Defendants
JANET B. CHRISOPOULOS,
Plaintiffs
V.
TYLER J. ZUVICH and
UGI UTILITIES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-6451
CIVIL ACTION - LAW
DEFENDANTS' ANSWER WITH NEW MATTER
AND NOW, come Defendants, UGI Utilities, Inc., and Tyler Zuvich and file the
following Answer with New Matter, stating as follows:
I . After reasonable investigation, Defendants are without information sufficient to
form a belief as to the truth of the matters asserted in this paragraph. Therefore, the averments
are denied and strict proof is demanded at the time of trial.
2. Admitted.
3. Based upon information and belief, Admitted.
4. Admitted.
5. After reasonable investigation, Defendants are without information sufficient to
form a belief as to the truth of the matters asserted in this paragraph. Therefore, the averments
are denied and strict proof is demanded at the time of trial.
6. Admitted.
7. Denied generally pursuant to Pa.R.C.P. 1029(e).
1
8. Denied generally pursuant to Pa.R.C.P. 1029(e).
9. Denied generally pursuant to Pa.R.C.P. 1029(e).
10. Denied generally pursuant to Pa.R.C.P. 1029(e).
11. Denied generally pursuant to Pa.R.C.P. 1029(e).
12. Denied generally pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Defendants respectfully request that judgment be entered in their favor
and against Plaintiff, with costs.
NEW MATTER
13. The above Paragraphs 1 through 12 are incorporated herein by reference as if set
forth in full.
14. It is specifically denied that any act or omission on the part of Defendants caused
or contributed to any of Plaintiff's alleged damages.
15. As discovery may show, some or all of Plaintiff's claims may be barred by
Plaintiff's comparative and/or contributory negligence.
16. Plaintiffs damages may be the result of conditions which pre-existed the subject
accident.
17. As discovery may show, Plaintiff's claims may be barred or reduced by the
affirmative defenses of arbitration and award, accord and satisfaction, release, waiver, estoppel,
res judicata, collateral estoppel, issue preclusion, claim preclusion and/or statute of limitations,
and Defendants hereby pleads these affirmative defenses provisionally.
18. The Complaint fails to state a legally sufficient claim against Defendants.
19. Plaintiffs damages are the result of the actions of others for which Defendant is
not responsible.
2
20. As discovery may show, the damages complained of by Plaintiffs may have been
caused by the acts or omissions of persons other than Defendant.
21. Plaintiff's claims and damages may be barred and/or reduced by the MVFRL, 75
Pa.C.S. § 1701 et seq.
22. As discovery may show, any award in the instant suit to Plaintiff, said award
being specifically DENIED, may be reduced by any UIM benefits received by Plaintiffs.
23. Plaintiff's damages may be the result of conditions which arose after the subject
accident.
24. Plaintiff's claims may be barred because of the doctrine of superceding and/or
intervening cause.
WHEREFORE, Defendants respectfully request that judgment entered in their favor and
against all other parties, with costs.
Respectfully submitted,
THOMAS, TH4MAS & HAFER, LLP
By: 1-111,7
Jason C. i n o, Esquire
I.D.#89177
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7157
Attorneys for Defendants
DATE: C' -10 ' I
3
ATTORNEY VERIFICATION
I, Jason C. Giurintano, of the law firm of THOMAS, THOMAS & HAFER, LLP,
hereby verify that we are the attorneys of record for DEFENDANT, Tyler Zuvich and UGI
Utilities Inc., in this case, that as such I am authorized to make this Verification, and that the
information set forth in the foregoing is true and correct to the best of my knowledge, information,
and belief. II
THOMAS, THOMAS & HAFER, LLP
BY:
J on C.
Attorney
Dated: October 7, 2011.
CERTIFICATE OF SERVICE
I, Jason C. Giurintano, an attorney with the Law Firm of Thomas, Thomas & Hafer, LLP, hereby
state that a true and correct copy of the attached document(s) was served upon all counsel of
record on the date set forth below:
William P. Douglas, Esquire
Douglas Law Office
43 W. South Street
P.O. Box 261
Carlisle, PA 17013
Ralph D. Oyler, Esquire
Oyler Law Firm
31 S. Washington Street
Gettysburg, PA 17325
Respectfully submitted,
THOMAS, XHOM,EAS & HAFER, LLP
By:
Esquir
e
Jason C. Gi rt"
I.D.#89177
305 North F et
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7157
Attorneys for Defendants
DATE: 10 / / C' / I I
4
~
~
~
, e
~.~
Jason C. Giurintano, Esquire
-r,°„w m
n ~
~.
I.D. 89177 -~~c
THOMAS £~ HAFER, LLP
THOMAS ~~ ar', 4'
,
P.O. Box 999
305 North Front Street „
~~ ~ -
.,:
,
Harrisburg, PA 17108 :~ c~
~
~ ,_
,
~; ~-;
(717)237-7157 ~~ ~v _"
Attorneys for Defendants ~~ --a '
JANET B. CHRISOPOULOS ,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
TYLER J. ZURICH and
UGI UTILITIES, INC.,
Defendants
NO.10-6451
CIVIL ACTION -LAW
DEFENDANTS' MOTION REQUESTING STATUS CONFERENCE FOR
PURPOSES OF ESTABLISHING CASE MANAGEMENT DEADLINES
AND NOW, come Defendants, UGI Utilities, Inc., and Tyler Zuvich (incorrectly
named in the Complaint as "Tyler Zurich"), by and through their counsel, Thomas,
Thomas & Hafer, LLP, and hereby request that this Court schedule a Status Conference in
the above-captioned matter pursuant to Pa.R.C.P. 212.3 for the following reasons:
1. This civil action concerns a motor vehicle accident which occurred on July
1, 2009.
2. More specifically, the Complaint alleges that Plaintiff was a passenger in a
1993 Honda Civic when a vehicle owned by Defendant UGI and operated by UGI
employee Defendant Zuvich rear-ended the vehicle in which Plaintiff was a passenger.
3. This matter involves an alleged accident that occurred more than three
years ago.
4. The Pleadings are closed.
5. Accordingly, Defendants respectfully request that this Court issue a
scheduling order in the form proposed, or, in the alternative, schedule a status
conference in this matter for the purposes of establishing deadlines for the completion
discovery, exchange of expert reports, and the scheduling of a date certain for trial.
6. Pursuant to Pa.R.C.P. 212.3(2), the Court may, on motion of any party,
direct the attorneys for the parties to appear for a conference to consider, among other
things, "the entry of a scheduling order." See Pa.R.C.P. 212.3(a)(2).
7. Defendants propose the following case management deadlines:
a. Factual discovery is required to be completed on or before December 1,
2012;
b. Plaintiff's expert reports are due on or before January 3, 2013;
c. Defendants' expert reports are due on or before February 23, 2013;
d. Dispositive Motions are due on March 25, 2013.
e. Any party may file a Certificate of Readiness for Trial and a Praecipe for
Pre-Trial Conference after April 1, 2013.
WHEREFORE, Defendants, UGI Utilities, Inc., and Tyler Zuvich, respectfully
requests this Honorable Court schedule a Status Conference, or~ ~n the alternative, enter a
Scheduling Order in the form proposed.
Date: September 5, 2012
By:
Jason C. G' tano, Esquire
Thom omas and Hafer, LLP
30 orth Front Street
. Box 999
arrisburg, PA 17108-0999
(717) 237-7157
Attorney for Defendants
CERTIFICATE OF SERVICE
I, Krista Fanus, an employee for the firm of Thomas, Thomas & Hafer, LLP, a
hereby certify that I have this day served the foregoing Motion for Status Conference by
depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed to:
William P. Douglas, Esquire
Douglas Law Office
43 W. South Street
P.O. Box 261
Carlisle, PA 17013
Ralph D. Oyler, Esquire
Oyler Law Firm
31 S. Washington Street
Gettysburg, PA 17325
THOMAS, THOMAS & HAFER, LLP
,~~' ` ~
Krista Fanus, Legal Secretary to
Jason C. Giurintano, Esquire
Date: September 5, 2012
JANE" B. CHR:ISOPOULOS, TN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLV~IA ;-^_
NINTH JUDICIAL I7ISTRICT ~
~ ~`~
v _
'-ta 3 ^'
ai
~ ---c
~
CIVIL ACTION - I.,AW t
~-
7 ti~
TYLEF: J. ZURICK AND UGI ~~ 'c ~~
UTILITIES, INC. , ~ ..._
-~ off'
Defendants _
10-6451. CIVIL TERM ~ ~, ~
~
x r ~ <?l
J
~ ~ w ~
"*~~`
IN RE: MOTION FOR CASE MANAGEMENT CONFERENCF
x--
1'1TlT\TTl /lT l'~I'~TTTIT
AND NOW, this 31st day of October, 201::, a case
management conference was held in the jury deliberation room of
Courtroom Number 6. Present on behalf of Plaintiff wa~~
William P. Douglas, Esquire, and on behalf of Defendants was
Jason C. Giurinanto, Esquire. Following the conferencw~ the
following time limits acre set for the parties:
1. Plaintiff shall be deposed by December 22nd,
2012.
2. Pla:intiff's expert report is due nc later
than February 22nd, 201:4.
3. DefE~ndant's expert report is due no late=_r
than P~Iarch 22:nd, 2013.
4. Disx>ositive motions, if any, shall be set
down on the argument list no later than April 22nd, 201.3, for
argument on May 10, 2013.
5. The case shall be. set for trial by t:he
listing of either party no later than May 28, 2013, for' the
July civil trial term, which means a pretrial conferencE~ an the
3rd of July, 2013, and trial commencing on the 15t.h of ~Tuly,
2013.
t,
s A. 'Placey C. F7. J.
Wil l:iam P . Douglas , Esquire
43 W. South Street
Carlisle, PA 17013
For ~?laintif:E
J Jason C. Giu_rintano, Esquire
P.O. Box 999
Harrisburg, PA 17108-0999
For Defendant=s
i~
~(a
mae
Jason Giurintano, Esquire
Attorney I.D. No. 89177
goy North Front Street
I'. O. Box 999
Harrisburg, PA 17108
for Defendants
JANET B. CHRISOPOULOS,
Plaintiff
V.
TYLER J. ZURICH and
UGI UTILITIES, INC.,
Defendants
IN THE COURT OF COMMON P16AS,,
CUMBERLAND COUNTY, PA
NO. lo-6451
CIVIL ACTION - LAW
yy .T
CD
CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to
Rule 4009.22, Defendants certify that:
1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas
attached thereto was mailed or delivered to each party on or about January 2, 2013
to serve subpoenas upon: Good Hope Family Physicians; Advanced Pain Management
Services; Capital Area Surgery Center, LLC, Brain and Spine Care of Maryland; Maryland
Orthopedics, P.A.; Rehab at Work; Ballenger Creek Chiropractic; Comprehensive
Neurology and Sleep Medicine; American Radiology Associates; Aegis Sciences
Corporation; Susquehanna Valley Pain Management, P.C.; Jefferson Memorial Hospital;
Maryland Department of Health and Mental Hygiene; Commonwealth of Pennsylvania,
Department of Labor and Industry, Bureau of Workers' Compensation; and Double T
Diner Bouzianis, Inc.
2. A true and correct file copy of the Notice of intent., including a copy of the
proposed subpoenas, is attached to this Certificate.
3. The twenty (2o) day notice requirement to serve these subpoenas has
passed and no objections have been. made to the subpoenas.
4. The subpoenas which will be served are identical to the subpoenas
attached to the Notice of Intent to Serve Subpoenas.
Respectfully submitted,
THOMAS, T MAS HAVER, LLP
Date: January 25, 2013
By:
JASON GIURINTANO, ESQUIRE
Attorney I.D. No. 89177
Counsel for Defendants
THOMAS, THOMAS & HAFER LLP Jason C. Giurintano, Esquire
Attorney LD. 89177
305 NORTH FRONT STREET 717-237-7157
P.O. BOX 999 Attorneys for Defendants
HARRISBURG, PA 17108
JANET B. CHRISOPOULOS, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
NO. lo-6451
v.
CIVIL ACTION - LAW
TYLER J. ZURICH and
UGl UTILITIES, INC.,
Defendants _
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Counsel
Defendants intend to serve subpoenas upon the following entities, identical to the ones
attached to this Notice:
Good Hope Family Physicians;
Advanced Pain Management Services;
Y Capital Area Surgery Center, LLC;
Brain and Spine Care of Maryland;
Y Maryland Orthopedics, P.A.;
Rehab at Work;
Ballenger Creek Chiropractic;
I r Comprehensive Neurology and Sleep Medicine;
American Radiology Associates;
>- Aegis Sciences Corporation;
Susquehanna Valley Pain Management, P.C.;
Jefferson Memorial Hospital;
Maryland Department of Health and Mental Hygiene
Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Workers'
Compensation, and
Double T Diner Bouzianis, Inc.
T A 0
JANET B. CHRISOPOULOS,
Plaintiffs
N".
TYLER J. ZUVICH and
UGI UTILITIES, INC.,
TIP.fPn dants
IN THE COU K1' U11 UUiv MUIN E L ?
CUMBERLAND COUNTY, PA
NO. 10-6451
CB71L ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 400Q-_22
TO: Records Custodian
Good Hope Family Physicians
1830 Good Hope Road
Enola, PA 17025
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Com lete copies of an, and all medical records including, but not limited to reports,
notes studies bills incom771 Q and outgoing correspondence imaging films (hard copies
or on CD labs hone messages, summaries etc. for an , inpatient, outpatient, ER clinic
or office visits pertaining to Janet tB. Cresentpoulos, DOB: 12120 /194-5• SS# xXX-
-i.18o, from January 1, 2
at: Thomas Thomas j Hafer. LLP o" N. Front St. 6th Floor. Harrisburg PA 17101.
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 maldng 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: Jason C. Giurintano, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:_
Prothonotary/Clerk, Civil Division
Seal of the Court
Deputy
J ANET P. CHIUSOPOULOS,
Plaintiffs
V.
TS'LER J . ZUtiTI CH and
UGI UTILITIES, INC.,
n4endants
IN THE COURTUr' Lu1v11vlv.w CU1\2BERLAI\TD COIJIy?TY, PA
NO. 10-6451
CIVIL ACTI ON - LAW
SUBPOENA'I'O PRODUCE DOCUMEI`ITS OR THINGS
FOR DISCOVERY PPTRSUANT TO RULE 400().'
TO: Records Custodian
Advanced Pain Management Services
141 Thomas Johnson Drive, Suite 190
Frederick, MD 21702
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of anv and all medical records. including. but not limited to. reports,
films (hard copies
notes. studies. bills, incoming and outgoing correspondence imagin=T
or on CD) labs phone messages summaries etc. for an-\7 inpatient. outpatient. ER.. clinic
or office visits pertaining to jan°t B C,hrlsopoulos. DO B. i.2i=o/1c)4S, SS# A-."R-
x ig8o from January 1 2002 to the present
at: Thomas. Thomas & Hafer LLP. o N. Front Street. 61h Floor. Harrisburg PA 77101•
You may deliver or mail legible copies of the documents or produce thins requested by
this subpoena, together v,ith the certificate of compliance, to the ar malydng this
request at the address listed above. You have the right to Beet 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,',?rithin twenty
(20) days after its service, the party serving this subpoena may seek a court order
compelling you to comply VPith it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLL0IATING PERSON:
NAME: Jason C. Giurintano, Esquire
ADDRESS: P.O. Boy: 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237- 7157
SUPREME COURT ID#: 89177
ATMRNEY FOR: Defendants
BY THE COURT:
DATE: ___
Prothonotary-; C]er1:; Ci1d1 Division
Seal of the Court
Deputy
T.? ?i l)T 'U AC
JANET B. CHP.ISOPOULOS,
Plaintiffs
V.
TYLER J. ZMTICH and
UGI UTILITIES, INC.,
nPfP71(1 ants
IN THE UvuxI yr
CUMBERLAND COUNTY' PA
NO. 10-6451
CI TIL ACTION - LAVA'
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCO_TTrSUANTT TO RULE 4-009.:»
T0: Records Custodian
Capital Area Surgery Center, LLC
14_[ Thomas ,lohnson Drive, Suite 190
Frederick, MD 21702
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or thin-s:
or office visits pertaining to J anCL
xx 13,ga from January 1 2002 to the present
at: Thomas. Thomas Hafer. LLP. o N. Front Street, 61h Floor Harrisburg. PA 17101.
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena, together NN th the certificate of compliance, to the party
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. twenty If you fail to produce the documents
orthings inQrequired bp(')e a ma ?jOeek an ourt order
;20) days after its service, the part), serving
compelling you to comply -,Adth it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Mason C. Giurintano, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
ATTORNEY FOR Defendants
BY THE COURT:
DATE:,-
- Prothonotar},/Clerk; Civil Di«sion
Sea] of the. Court
Deputy
777. T i.,,-, T,i T,` A C
,IANET B. CHRUOPOULOS,
Plaintiffs
N7.
TYLER J . ZUVI CH and
UGI UTILITIES, INC.,
Defendants
IN THE COUK1 Ur ?vlvil?. L?u
CUMBERLAND C0UNT?', PA
NO. 10-6451
CIVIL ACTION - LAVA'
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOOVERI' PURSUANT TO RULE 4o oc).-
TO: Records Custodian
Brain and Spine Care of Maryland
13o Thomas Johnson Drive, Suite 6
Frederick, MD 21702
the
twenty (20) days after sen71ce of this subpoena, you are ordered by e court to
produce the following documents or things:
or office visits pertaining to O kutul ?• ?-•?? -nt ---
hSo from January 1 2002 to the present
at: Thomas. Thomas &T Hater. LLP. ?o N. Front Street. 6t'' Floor. Harrisburg. PA 17701.
You may deliver or mail legible copies of the documents or
certificate of compliance, produce p1art5, r?q lang this
this subpoena, together math the certif
request at the address listed above. You have the right to seen in affil ante, 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, vfrithin twenty
20) days after its service the party serving this subpoena may seek a court order
compelling you to comply Vdith it.
THIS SUBPOENA VVAS ISSUED AT THE REQUEST OF THE FOLLO-WING PERSON:
NAME: Jason C. Giurintano, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
ATT'ORNEY FOR: Defendants
BY THE COURT:
DATE:- -------?-- Prothonotary/Clerk, Ci?ril Division
Seal of the Court
Depute
n 1 nI L'A 0
1IANET E. CHMOPOULOS,
Plaintiffs
V.
TILER J. ZMFICH and
L1GI UTILITIES, INC.,
Defendants
IN THE CUUM U11 uuiy11v1?J1. 1 CUMBERLAND COUNTY, PA
NO. to-64,51
CIVIL ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4o()a.
TO: Records Custodian
Maryland Orthopedics, P.A.
75 Thomas Johnson Drive, Suite N
Frederick, MD 21702
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents b
or office visits pertaining To jU11CL.L>•
xx_1ggo from January 1. 2002 to the present
at: Thomas. Thomas & Hafer. LLP. or N. Front Street. 6t"
You may deliver or mail legible copies of tof compliance, a r touthe part)s7 rmalsng a his
this subpoena; together ??ith the certificate 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 orhg arthisr subpoena mb?? seek ancourt?order
(2o) days after its service, the part.), serving compelling you to comply Adth it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
KkME: J ason C. Giurintano, Esquire
ADDRESS: P.O. Box 999; Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:.
Prothonotary/Clerk, Ca-,dl Di\"sion
Seal of the Court
Deputy
JANET B. CHRISOPOULOS,
Plaintiffs
V.
n7LER J . ZUVI CH and
UGI UTILITIES, INC.,
Defendants
IN THE COUK'I' Ur Uu1vimulN, rl,r ?
CUMBERLAh11) COUNT,7, PA
NO. 10-6451
CIVIL ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4o04.22
TO: Records Custodian
Rehab at Worlk
181 Thomas Johnson Drive, Suite E
Frederick, MD 21702
V,ithin twent)7 (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of anv and all medical records. including but not limited to reports,
notes studies bills incoming, and outgoing, correspondence. imaging, films (hard copies
c
or on CD). labs. hone messages. summaries etc. for any inpatient, out atlent ER. clini
or office visits pertaining to Janet B Chrisopoulos DOB: 12/20/7445: SS# -
- i3go, from January 1 2002 to the present
at: Thomas. Thomas & Hafer. LLP 3 o- N. Front Street. 6th Floor. Harrisburg. PA 17101.
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 maldng 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
(2o) 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: Jason C. Giurintano, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:
Prothonotary/Clerk, Ci\dl Di\dsion
Seal of the Court
Depute
JANTET E. CHRISOPOULOS,
Plaintiffs
v.
TYLER J. ZUVICH and
UCTI UTILITIES, INC.,
Defendants
Ih THE 000K1 UP wlvllvjvl?
CUMBERLAND COUNTY, PA
NO. 10-6451
C571L ACTION - ILAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCO-\ERY PUP.SUAI'-'"I' TO RULE 4oog.->2
TO: Records Custodian
Comprehensive Neurology and Sleep Medicine
778 'Nembly Drive
Frederick, MD _21701
Within tv,,ent?? (?o) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records including but not limited to. reports
notes, studies. bills. incoming. and outgoing correspondence, imaging films (hard copies
or on CD labs hone messages summaries. etc. for any In anent, outpatient, ER clinic
or office visits pertaining to Janet B Chrisopouios DOB: 12/2SS* ?'-
xx i.8o from January 1 2002 to the present
at: Thomas. Thomas &- Hafer LLP 3o-; N Front Street. 6t" Floor. Harrisburg. RA 17101.
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena, together ?ndth the certificatee compliance, P a seek ino ad the ancer the eason ble
request at the address listed above. You have g
cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, Adthin tvvent},
2o) days after its service, the party serving this subpoena may seel: a court order
compelling you to comply A th it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO-WING PERSON:
NAME: Jason C. Giurintano, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 897.77
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:.._ -
Prothonotan,/Clerk, Civil Division
Seal of the Court
Deputy
e n
J ?LNTET B. CHI:ISOPOULOS ,
Plaintiffs
V.
7LER J. ZUVICH and
UGI U'T'ILITIES, INC.,
T)Pfendants
IN THE C0UK' ur uulvllvivi\ i-
1
CUMBERLAND COUTY , L.PA
NO. 10-6451
Cyril, ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR TRINCS
FORD `OVERY PLTRSU I\'T TD RULE 4009.22
TO: Records Custodian
American Radiolo?, Associates
1838 Greene Tree Road
Baltimore, MD 21208
N?Tithin twenn7 (20) days after seance of this subpoena, you are ordered by the court to
produce the follo A ing documents or things:
Complete conies of any and all medical records including. but not limited to reports,
notes studies bills incoming and outaoin correspondence imaging films (hard copies
or on CD) labs phone messages summaries etc for any inpatient, ou patient ER clinic
or office visits pertaining to Janet B. Chriso oulos. DOB: =2 go /z SS# ?
x-x-iggo, from January 1. 2002 to the present
at: Thomas. Thomas & Hafer. LLR o N. Front Street. 6th Floor. Harrisburg PA 17101.
You may deliver or mail legible copies of the documents or produce: things requested by
this subpoena, together v`rith the certificate of compliance, to the party maldng 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, A ithiD twenty
(-,o) days after its service, the part3 serving this subpoena may seek a court order
compelling you to comply'A ith it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOVArING PERSON:
NAME: Jason C. Giurintano, Esquire
ADDRESS: P.O. Boa 999:, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
A'TTOILNTEY FOR: Defendants
BY THE COURT:
DATE:_
Prothonotary/Clerk, Ci?ril Di?7ision
Seal of the Court
Deputy
!1
JANET B. CHRISOPOULOS,
Plaintiffs
v.
TYLER J. ZUVICH and
UGI UTILITIES, INC.,
Defendants
IN THE COUKI' U-N UuIvilvlviv ri.r -)
CUMBERLAND COUNTY, PA
NO. 1o-6451
CIVIL ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 0- 9
TO: Records Custodian
Aegis Sciences Corporation
515 Great Circle Road
Nashville, TN 37228
Within twenty (2o) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of an, and all medical records including, but not limited to reports,
notes studies bills incoming and outgoing correspondence imaging films (hard copies
or on CD). labs hone messages, summaries etc. for an 37 inpatient, outpatient, ER clinic
or office visits pertaining to Janet B Chrisopoulos DOB: 1212oZig4j; SS# x-xx-
x-x 1,1So from January, 1 2002 to the present
at: Thomas Thomas & Hafer LLP o N. Front Street 6th Floor Harrisburg PA 17101.
You may deliver or mail legible copies of the documents or produce things requested th by
this subpoena, together with the certificate of compliance, to the party making 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
(2o) 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 FOLLO-NA7ING PERSON:
NAME: Jason C. Giurintano, Esquire
ADDRESS: P.O. Boa 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-71-57
SUPREME COURT ID#: 89177
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:___
Prothonotary/Clerk, Civil Division
Seal of the Court
Deputy
JANET B. CHRISOPOULOS,
Plaintiffs
?7.
'TYLER J. ZUVICH and
UGI UTILITIES, INC.,
T)PfPn (l a nts
T T A C
IN THE COURT Utz l UNINiun r
CUMBERLAND COUNTY, PA
NO. 10-6451
CIVIL ACTION - LAW O PRODUCE SUBPOENA AVERY PUBS UANT TO RULE RoogINGS
FOR DISC
TO: Records Custodian
Susquehanna Valley Pain Management, P.C.
825 Sir Thomas Court
Harrisburg, PA 17109
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
or office visits Pertaining to Janet B. unrinp vLLAW0 ?-?--- -- - .-------
x-x-1?8o from Januarv i ?002 to the p_ resent
at: Thomas Thomas & Hafer LLP. o N. Front Street 6th Floor Harrisburg PA 17101.
You may deliver or mail legible copies of the documents or produce things reeq e ltbed by
this subpoena, together with the certificate of compliance, to the party makig 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. twenty If you fail to produce the documents or things required by this subpoena,
k a u int corder
(20) days after its service, the party serving this subpoena may see cou
compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Jason C. Giurintano, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
ATTORNEY FOR: Defendants
BY THE COURT:
DATE: Prothonotary/Clerk, Ci«l Division
Seal of the Court
Deputy
,., TT T? A 0
JANET B. CHRISOPOULOS,
Plaintiffs
N7.
TYLER J. ZUVICH and
UGI UTILITIES, INC.,
Defendants
IN THE CUUK1 Ur L,U1v11v1Ui, 1 1--
CUMBERLAND COUNTY, PA
NO. lo-6451
CIVIL ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FO VERy PURSUANT TO RULE q.ooA.22
TO: Health Information Management Dept.
Jefferson Memorial Hospital
300 S. Preston Street
Ranson, V\TT 25438
Within twenty (2o) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
xa-1-480, from Januarv 1 2002 to the present
8: Hafer LLP o N. Front Street 61h Floor Harrisburg PA 17101.
at: Thomas , Thomas
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 malting 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. within
twenty If you fail to produce the doom enorthings required
s subpoethis na ma3p seek a court order
(2o) days after its service, party serving
compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOVVING PERSON:
NAME: Jason C. Giurintano, Esquire.
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:
Prothonotary/Clerk, Civil Division
Seal of the Court
Deput3y
JANET B. CHRISOPOULOS,
Plaintiffs
N7.
TYLER J. ZUVICH and
UGI UTILITIES, INC.,
Defendants
IN THE COURT OF COMMUN rl r ti?
CUMBERLAND COUNTY, PA
NO. 1o-6451
CIVIL ACTION - LA"K
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Maryland Department of Health and Mental Hygiene
201 VAT. Preston Street
Baltimore, MD 21201
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Copies of any and all claim records including but not limited to medical records
or treatment notes writing correspondence and claims payment information
regarding Janet B Chrisopoulos (DOB: 12/20/1945: SS# xxx-X-X-1 80;
MA # 47404194300
at: Thomas Thomas & Hafer LLP jo, N Front St 611, Floor, Harrisburg PA 171o1.
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 malting 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
(2o) 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: Jason C. Giurintano, Esquire
ADDRESS: P.O. Boa 999, Harrisburg, PA 171o8-o999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:
Prothonotary/Clerk, Civil Division
Seal of the Court
Deputy
JANET B. CHRISOPOULOS,
Plaintiffs
v.
'T'YLER J. ZUVICH and
UGI UTILITIES, INC.,
Defendants
IN THE COURT OIL LUly MUly rlr-no
CUMBERLAND COUNTY, PA
NO. 1o-6451
CIVIL ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR VERY PURSUANT TO RULE 40 0q.2?
TO: Commonwealth of Pennsylvania Dept of Labor and Industry. Bureau of Workers'
Compensation. 1171 S. Cameron Street Room 103 Harrisburg PA 17.104
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: Any and all worker's compensation
documents regarding Janet B Chrisopoulos (DOB 12/20/1945; SSN: xxx-xx-1380),
without limitation including but not limited to. correspondence. application for benefits,
summary of benefits received determinations findings medical records bills. IME
reports Peer Review reports, physician statements wage verifications. statements,
avment history information. hearing transcripts. and orders filed.
at: Thomas Thomas & Hafer LLP 3o? N Front St 6t" Floor, Harrisburg PA 171o1.
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, a ]chum order
(2o) days after its service, the party serving this subpoena may e
compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Jason C. Giurintano, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717)237-7157
SUPREME COURT ID#: 89177
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:_
Prothonotary/Clerk, Civil Division
Seal of the Court
Deputy
JANET B. CHRISOPOULOS,
Plaintiffs
NT.
TYLER J. ZUVICH and
UGI UTILITIES, INC.,
Defendants
IN THE COURT OF C;ulvlmUIN rLnAo
CUMBERLAND COUNTY, PA
NO. 1o-6451
CIVIL ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4oo9.22
TO: Double T Diner Bouzianis Inc.
5617 Spectrum Drive
Frederick, MD 21703-8301
VAT ithin twenty (2o) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete cop, of the entire employment /personnel file regarding JANET B.
CHRISOPOULOS (DOB 12120119451) including but not limited to. all medical
records correspondence notes payroll information application for emploLTment,
grievances performance reviews lob description/assignments, documents regarding
written and/or verbal warnings disciplinary action documents documents prepared for
anv accidents involving Plaintiff while working all W-2's all workers compensation
documents, etc.
at: Thomas Thomas & Hafer LLP,jo , N Front St. 61h Floor, Harrisburg PA 171o1.
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
(2o) 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: Jason C. Giurintano, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
A'T'TORNEY FOR: Defendants
BY THE COURT:
DATE:
Prothonotary/Clerk, Civil Division
Seal of the Court
Deputy
CERTIFICATE OF SERVICE
I, SUSAN S. JONES, of the law firm of THOMAS, THOMAS, & HAFER, LLP do
eertifv that I served the foregoing document on the following person(s), by depositing the same
in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
William P. Douglas, Esquire
Douglas Law Office
43 W. South Street
P.O. BOX 261
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
I1 ?2, C?A?
Date: t 2'? SUSAN S. JONES4PRAALEGAL
1214354.1
CERTIFICATE OF SERVICE
I, SUSAN S. JONES, PARALEGAL of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing document on the following person(s), by
depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania
addressed as follows:
William P. Douglas, Esquire
Douglas Law Office
43 W. South Street
P.O. Box 261
Carlisle, PA 17013
Date: January 25, 2013
Susan S. oSonesN,Paraleggal
1228029.1
THOMAS,THOMAS&HAFER LLP Jason C.Giurintano,Esquire
305 NORTH FRONT STREET Attorney I.D.89177
P.O.BOX 999 717-237-7157
HARRISBURG.PA 17108 Attorneys for Defendants
JANET B. CHRISOPOULOS , IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
;
V. NO. 10-6451 c'- `
TYLER J. ZURICH and CIVIL ACTION—LAW ;r=
UGI UTILITIES, INC., N
Defendants _
r
x
xr
r
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached
thereto was mailed or delivered to each party at least twenty (20) days in advance of this
Certificate;
2. No objection to the subpoenas has been made; and,
3. The subpoenas which will be served are identical to the subpoenas which are
attached to this certificate.
THOMAS,THOMAS& HAFER,LLP
Date:
Jason C. iurintano, Esquire
Attorney I.D.: 89177
305 North Front Street, 6th Floor
Harrisburg, PA 17108
(717) 237-7157
THOMAS,THOMAS&HAFER LLP Jason C.Giurintano,Esquire
305 NORTH FRONT STREET Attorney I.D.89177
P.O.BOX 999 717-237-7157
HARRISBURG,PA 17108 Attorneys for Defendants
JANET B.CHRISOPOULOS, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY,PA
V. NO. 10-6451
TYLER J.ZURICH and CIVIL ACTION—LAW
UGI UTILITIES,INC.,
Defendants
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Counsel
Defendants intend to serve subpoenas upon the following entities, identical to the ones
attached to this Notice:
➢ Double T Diner Bouzianis Inc.
➢ Safeco Insurance
➢ NYU Langone Medical Center
You have twenty(2o) days from the date listed below in which to file of record and serve
upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas
will be served.
Respectfully submitted,
Thomas,Thomas&Hafer, LLP
Date: ZIZZ��� By: "
Jaso C. Giurintano
Attorney ID #89177305 North Front Street
P. O. Box 999
Harrisburg,PA 17108
(717) 237-7100
Counsel for Defendants
JANET B. CHRISOPOULOS , IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
V.
NO. 10-6451
TYLER J.ZUVICH and
UGI UTILITIES, INC., CIVIL ACTION— LAW
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4000.22
TO: Double T Diner Bouzianis Inc.
5617 Spectrum Drive
Frederick, MD 21703-8301
Within twenty (2o) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copy of the entire employment/personnel file regardin& FREDDY
CASTILLO, (DOB i/io/go) including but not limited to: all medical records,
correspondence, notes, p=oll information, application for employment. grievances,
performance reviews, job description/assignments.documents r arding written and/or
verbal warnings, disciplinary action documents. documents prepared for a.nv accidents
involving Plaintiff while working,all W-2's,all workers'compensation documents,etc.
at:Thomas,Thomas&Hafer, LLP, 305 N. Front St., 6th Floor, Harrisburg,PA 171o1.
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
(2o) 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: Jason C. Giurintano,Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 171o8-o999
TELEPHONE: (717)237-7157
SUPREME COURT ID#: 89177
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:
Prothonotary/Clerk,Civil Division
Seal of the Court
Deputy
JANET B. CHRISOPOULOS , IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
V.
NO. lo-6451
TYLER J.ZUVICH and
UGI UTILITIES, INC., CIVIL ACTION—LAW
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Safeco Insurance
10014th Avenue
Seattle,WA 98154
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
A complete copy of the claim file without limitation arising out of an accident on or
about 7ji/og Policy No F2251228 including,but not limited to: application for benefits
physician's statements wage verifications policy declarations pages) showing coverage
or tort option elections summaries of payments made medical records and reports
bills, Peer Review reports IME reports releases or settlement agreements and
correspondence and all other documents and things pertaining to Janet
Chrisopoulos.DOB: 12/20/1445• SS*XXX-xx-1280.
at:Thomas.Thomas&Hafer,LLP. -ior,N. Front Street 6th Floor. Harrisburg PA 17101.
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: Jason C. Giurintano, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:
Prothonotary/Clerk,Civil Division
Seal of the Court
Deputy
JANET B. CHRISOPOULOS , IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
V.
NO. 10-6451
TYLER J.ZUVICH and
UGI UTILITIES, INC., CIVIL ACTION—LAW
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: NYU Langone Medical Center
55o First Avenue
New York,NY 1oo16
Within twenty (2o) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete conies of any and all medical records including but not limited to reports
notes studies bills incoming and op Wing corresRgndence imaging films (hard copies
or on CD) labs phone messages summaries etc for any inpatient outpatient R.clinic
or office visits pertaining to Janet B ChrisgUgul0s, DOB: 1212011945; SS* XXX-
NX-1380.
at:Thomas,Thomas&Hafer. LLP ,3os N Front Street 61h Floor Harrisburg, PA 171o1.
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
(2o) 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: Jason C. Giurintano,Esquire
ADDRESS: P.O. Box 999,Harrisburg,PA 171o8-o999
TELEPHONE: (717) 237-7157
SUPREME COURT ID#: 89177
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:
Prothonotary/Clerk,Civil Division
Seal of the Court
Deputy
•
CERTIFICATE OF SERVICE
I, MEGAN L. YOUNKINS, of the law firm of THOMAS, THOMAS,& HAFER,
LLP do certify that I served the foregoing document on the following person(s), by depositing
the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
William P. Douglas,Esquire
Douglas Law Office
43 W South Street
P.O. Box 261
Carlisle,PA 17013
THOMAS,THOMAS&HAFER, LLP
o�
Date: ZI L� 9—EGO L.Y NKINS,PARALEGAL
1244761.1
CERTIFICATE OF SERVICE
I, Megan L. Younkins, Paralegal, of the law firm Thomas, Thomas &Hafer LLP, certify
that I have served a true and correct copy of the foregoing document on the following person(s)
by placing same in the United States mail, postage prepaid, on the date set forth below:
William P. Douglas, Esquire
Douglas Law Office
43 W. South Street
P.O. Box 261
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
eg Younkins
Date: �����3
1258364.1
Jason C. Giurintano, Esquire
1.D. 89177
THOMAS, THOMAS & HAFER, LLP
305 North Front Street Ltiaf�L $ !1 CCl1J � `
P.O. Box 999YL�JA+P �A
Harrisburg, PA 17108
(717)237-7157
jgiurintano @tthlaw.com Attorneys for Defendants
JANET B. CHRISOPOULOS , IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
V. NO. 10-6451
TYLER J. ZUVICH and CIVIL ACTION — LAW
UGI UTILITIES, INC.,
Defendants
SUGGESTION OF DEATH
TO THE PROTHONOTARY:
AND NOW, it is suggested that the Plaintiff,f et Chrisopoulos, died
Prior to June 21, 2013.
THOMAS,'T OMAS & HAFER, LLP
By:
Date: June 24, 2013 Jason C. Sri no, Esquire
Attorne , efendants
a
Jason C. Giurintano, Esquire
I.D. 89177
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717)237-7157
jgiurintano@tthlaw.com Attorneys for Defendants
JANET B. CHRISOPOULOS , IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
V. NO. 10-6451
TYLER J. ZUVICH and CIVIL ACTION — LAW
UGI UTILITIES, INC.,
Defendants
CERTIFICATE OF SERVICE
I, Jason C. Giurintano, Esquire, hereby certify that on the day of
June, 2012, a true and correct copy of the foregoing SUGGESTION OF
DEATH has been served, via first class mail, postage prepaid, upon the
following party:
William P. Douglas, Esquire
Douglas Law Office
43 W. South Street
P.O. Box 261
Carlisle, PA 17013
THOMAS, TH IS & HAFER, LLP
r
Date: June 24, 2013 By:
Jason C. Gil
n no, Esquire
Attorneys for fendants
Jason C. Giurintano, Esquire
I.D. 89177
THOMAS, THOMAS & HAFER, LLP
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108
(717)237-7157
Attorneys for Defendants
THE PROTHONOTAll'-i
20111 JUL -1 Q'11:
CUPEEFL 17
NO'S y� ACNIAh i
JANET B. CHRISOPOULOS ,
Plaintiffs
v.
TYLER J. ZURICH a/k/a TYLER J. ZUVICH
and UGI UTILITIES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-6451
CIVIL ACTION — LAW •
PETITION FOR ABATEMENT OF ACTION
FOR FAILURE TO APPOINT PERSONAL REPRESENTATIVE
PURSUANT TO 20 Pa.C.S. 0375 AND TO DISMISS ACTION AGAINST DEFENDANTS
AND NOW, come Defendants, UGI Utilities, Inc., and Tyler J. Zurich a/k/a Tyler J.
Zuvich ("Defendants"), by and through their counsel, Thomas, Thomas & Hafer, LLP, and file
the following Petition for Abatement of Action for Failure to Appoint a Personal Representative
Pursuant to 20 Pa.C.S. §3375 and to Dismiss this Action against Defendants, as follows:
1. Plaintiff, Janet B. Chrisopoulos ("Plaintiff'), through counsel, initiated the
instant litigation by the filing of a Complaint on or about October 12, 2010.
2. In her Complaint, Plaintiff alleged that she was injured as the result of a
motor vehicle accident that occurred on July 1, 2009.
3. Based upon information and belief, Plaintiff died sometime prior to June 21,
2013. Acting on said information and belief, the undersigned filed a Suggestion of Death on
June 26, 2013, to which no response was received. A true and correct copy of the
Defendants' time stamped Suggestion of Death is attached hereto as Exhibit "A."
1
i
4. Plaintiff's counsel did not file a response or challenge said Suggestion of
Death.
5. To date, there has been no appointment of a personal representative on
behalf of the deceased Plaintiff and more than one year has elapsed since the said
Suggestion of Death was filed.
6. Furthermore, more than one year has elapsed since the Defendants'
Suggestion of Death was filed and no letters have been taken out on the Decedent's behalf.
7. The Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. § 3375, provides
as follows:
If a plaintiff or petitioner in any action or proceeding now
pending or hereafter brought dies and a personal
representative is not appointed within one year after a
suggestion of death is filed in the action or proceeding, any
defendant or respondent may petition the court to abate the
action as to the cause of action of the decedent The
court shall abate the action as to the cause of action of the
decedent if the delay in taking out letters is not reasonably
explained.
20 Pa.C.S.A. § 3375 (emphasis added).
8. Pursuant to 20 Pa.C.S. §3375, if a personal representative is not appointed
within one year of the filing of a suggestion of death, the action must be abated if the delay
in taking out letters ofadministration is not reasonably explained. Salvadia v. Ashbrook,
923 A.2d 436, 441 (Pa. Super. 2007)Additionally, appointment of an executor or
administrator after a Petition to Abate has been filed does not defeat the petition to abate.
Id.
2
`,.
9. Defendants are entitled to abatement of the action as to the cause of action
of the Plaintiff/Decedent Janet B. Chrisopoulos, if the delay in taking out letters is not
reasonably explained, pursuant to the provisions of 20 Pa.C.S. §3375.
10. Based upon information and belief, Plaintiff/Decedent Janet B.
Chrisopoulos died without a will or identifiable next of kin. Further, no estate has ever
been raised. Accordingly, her claim must be dismissed.
WHEREFORE, Defendants respectfully request that this Honorable Court abate this
action and that all claims of Janet B. Chrisopoulos in this action against Defendants be
dismissed, with prejudice.
DATED: June 27, 2014 By:
Respectfully submitted,
Thomas, Tho : s & Hafer, LLP
Jason C. G. , Esquire
I.D. No. 8
305 N. ,Fr treet
P.O. Bo 99
Harrisburg, PA 17108-0999
717-237-7157
3
JANET B. CHRISOPOULOS ,
Plaintiffs
v.
TYLER J. ZURICH a/k/a TYLER J. ZUVICH
and UGI UTILITIES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-6451
CIVIL ACTION — LAW
RULE TO SHOW CAUSE
( j h,
C ZZ) -
rn CV r
rr) C ri,-
_G 3' W c-
f" --t ----(c,
Q� C t
AND NOW, this g day of„) V1.9 , 2014, upon consideration of the foregoing
Petition for Abatement of Action for Failure to Appoint Personal Representative Pursuant to 20
Pa.C.S. §3375 and to Dismiss Action Against Defendants, it is hereby ordered that:
(1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to
the relief requested;
(2) the respondent shall file an answer to the petition within days of this date;
(3) the petition shall be decided under Pa.R.C.P. No. 206.7;
Distribution List:
J.
Jason C. Giurintano, Esquire,omas, Thomas & Hafer, LLP, P.O. Box 999, Harrisburg, PA
17108-0999
/William P. Douglas, Esquire, Douglas Law Office, 43 W. South Street, P.O. box 261, Carlisle,
PA 17013
k5-9/
Jason C. Giurintano,Esquire '
LD. 89177
THOMAS, THOMAS&HAFER,LLP �;'= a rpt ,• •{ ;
305 North Front Street,P.O.Box 999 7 to',
Harrisburg,PA 17108 ,
(717)237-7157 ;'�j t rl3 ;'P
Attorneys for Defendants
JANET B. CHRISOPOULOS , IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
v. NO. 10-6451
TYLER J. ZURICH a/k/a TYLER J. ZUVICH CIVIL ACTION—LAW
and UGI UTILITIES, INC.,
Defendants
DEFENDANTS' MOTION TO MAKE RULE ABSOLUTE
AND NOW, come Defendants, UGI Utilities, Inc., and Tyler J. Zurich a/k/a Tyler J. Zuvich
("Defendants"), by and through their counsel, Thomas, Thomas & Hafer, LLP, and file the
following Motion to Make Rule Absolute and in support thereof aver as follows:
1. On or about October 12, 2010, Plaintiff, Janet B. Chrisopoulos ("Plaintiff'),through
counsel, initiated the instant litigation through the filing of a Complaint.
2. In her Complaint, Plaintiff alleged that she was injured as the result of a motor
vehicle accident that occurred on July 1, 2009.
3. On June 26, 2013, Defendants filed a Suggestion of Death suggesting that Plaintiff
had died prior to June 21, 2013. A true and correct copy of the Defendants' time stamped
Suggestion of Death is attached hereto as Exhibit"A."
4. Plaintiffs counsel did not file a response or challenge said Suggestion of Death.
5. On July 1, 2014, Defendants filed a Petition for Abatement of Action for Failure to
Appoint a Personal Representative of the Decedent pursuant to 20 Pa.C.S. §3375 and to Dismiss
1
this Action against Defendants ("Petition for Abatement"). A true and correct copy of the
Defendants' Petition for Abatement is attached hereto as Exhibit"B."
6. This Honorable Court through Order of July 3, 2014, issued a Rule on all parties to
show cause why Defendants' Petition for Abatement should not be granted. The Rule was
returnable (20) days after service. A copy of the signed Rule to Show Cause dated July 3, 2014 is
attached hereto as Exhibit"C."
7. To date, Plaintiff has not responded to the Rule and the time to do so has expired.
8. More than thirty (30) days have elapsed since service of the Rule to Show Cause,
without the Rule having been returned by Plaintiff as directed. Accordingly, it is respectfully
requested that this Honorable Court enter and Order in the form proposed by Defendants.
WHEREFORE, Defendants, UGI Utilities, Inc., and Tyler J. Zurich a/k/a Tyler J. Zuvich
respectfully request that the Rule be made absolute and this Honorable Court enter an Order in the
form proposed abating and dismissing proceedings of this matter.
Respectfully submitted,
Thoma , T mas & Hafer, LLP
F
ICI
� lj
I
DATED: �' ta I I By:
Jaso intano, Esquire
I.D .. 89177
3 fr . Front Street
O. Box 999
`Harrisburg, PA 17108-0999
717-237-7157
2
EXHIBIT A
ut:F1f,t
Jason C. Giurintano, Esquire ' • op-1OSO
;-•_{-
1.D. 89177 2t, 2: 49
THOMAS, THOMAS & HAFER, LLP 2O13 -11$1
305 North Front StreetBERL OD COUH"
P.O. Box 999 CUM ssnotAtA
FES
Harrisburg, PA 17108
(717)237-7157
jgiurintano@tthlaw.com Attorneys for Defendants
JANET B. CHRISOPOULOS , IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
v. NO. 10-6451
TYLER J. ZUVICH and CIVIL ACTION —LAW
UGI UTILITIES, INC.,
Defendants
SUGGESTION OF DEATH
TO THE PROTHONOTARY:
AND NOW, it is suggested that the Plaintiff, - et Chrisopoulos, died
Prior to June 21, 2013.
THOMAS, T OMAS & HAFER, LLP
By:
Date: June 24, 2013 Jason C. ir vfno, Esquire
Attome • •efendants
. ,
Jason C. Giurintano, Esquire
I.D. 89177
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Hanisbung, PA 17108
(717)237-7157
jgiurintano@tthlaw.com Attorneys for Defendants
JANET B. CHRISOPOULOS , IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
v. NO. 10-6451
TYLER J. ZUVICH and CIVIL ACTION — LAW
UGI UTILITIES, INC.,
Defendants
CERTIFICATE OF SERVICE
I, Jason C. Giurintano, Esquire, hereby certify that on the day of
June, 2012, a true and correct copy of the foregoing SUGGESTION OF
DEATH has been served, via first class mail, postage prepaid, upon the
following party:
William P. Douglas, Esquire
Douglas Law Office
43 W. South Street
P.O. Box 261
Carlisle, PA 17013
THOMAS, TH' ' S & HAFER, LLP
Date: June 24, 2013 By: I/
IF
Jason C. Glu ' .1 no, Esquire
Attorneys for i fendants
EXHIBIT B
Jason C. Giurintano,Esquire
ID. 89177
THOMAS, THOMAS&HAFER,LLP
305 North Front Street,P.O. Box 999
Harrisburg, PA 17108
(717)237-7157
Attorneys for Defendants
JANET B. CHRISOPOULOS , IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
v. NO. 10-6451
TYLER J. ZURICH a/k/a TYLER J. ZUVICH CIVIL ACTION—LAW
and UGI UTILITIES, INC.,
Defendants
PETITION FOR ABATEMENT OF ACTION
FOR FAILURE TO APPOINT PERSONAL REPRESENTATIVE
PURSUANT TO 20 Pa.C.S. §3375 AND TO DISMISS ACTION AGAINST DEFENDANTS
AND NOW, come Defendants, UGI Utilities, Inc., and Tyler J. Zurich a/k/a Tyler J.
Zuvich ("Defendants"), by and through their counsel, Thomas, Thomas & Hafer, LLP, and file
the following Petition for Abatement of Action for Failure to Appoint a Personal Representative
Pursuant to 20 Pa.C.S. §3375 and to Dismiss this Action against Defendants,as follows:
1. Plaintiff, Janet B. Chrisopoulos ("Plaintiff'), through counsel, initiated the
instant litigation by the filing of a Complaint on or about October 12,2010.
2. In her Complaint, Plaintiff alleged that she was injured as the result of a
motor vehicle accident that occurred on July 1, 2009.
3. Based upon information and belief, Plaintiff died sometime prior to June 21,
2013. Acting on said information and belief,the undersigned filed a Suggestion of Death on
June 26, 2013, to which no response was received. A true and correct copy of the
Defendants' time stamped Suggestion of Death is attached hereto as Exhibit"A."
1
4. Plaintiffs counsel did not file a response or challenge said Suggestion of
Death.
5. To date, there has been no appointment of a personal representative on
behalf of the deceased Plaintiff and more than one year has elapsed since the said
Suggestion of Death was filed.
6. Furthermore, more than one year has elapsed since the Defendants'
Suggestion of Death was filed and no letters have been taken out on the Decedent's behalf
7. The Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. § 3375, provides
as follows:
If a plaintiff or petitioner in any action or proceeding now
pending or hereafter brought dies and a personal
representative is not appointed within one year after a
suggestion of death is filed in the action or proceeding, any
defendant or respondent may petition the court to abate the
action as to the cause of action of the decedent The
court shall abate the action as to the cause of action of the
decedent if the delay in taking out letters is not reasonably
explained.
20 Pa.C.S.A. § 3375 (emphasis added).
8. Pursuant to 20 Pa.C.S. §3375, if a personal representative is not appointed
within one year of the filing of a suggestion of death, the action must be abated if the delay
in taking out letters of administration is not reasonably explained. Salvadia v. Ashbrook,
923 A.2d 436, 441 (Pa. Super. 2007)Additionally, appointment of an executor or
administrator after a Petition to Abate has been filed does not defeat the petition to abate.
Id.
2
9. Defendants are entitled to abatement of the action as to the cause of action
of the Plaintiff/Decedent Janet B. Chrisopoulos, if the delay in taking out letters is not
reasonably explained, pursuant to the provisions of 20 Pa.C.S. §3375.
10. Based upon information and belief, Plaintiff/Decedent Janet B.
Chrisopoulos died without a will or identifiable next of kin. Further, no estate has ever
been raised. Accordingly, her claim must be dismissed.
WHEREFORE, Defendants respectfully request that this Honorable Court abate this
action and that all claims of Janet B. Chrisopoulos in this action against Defendants be
dismissed,with prejudice.
Respectfully submitted,
Thomas, Thomas & Hafer, LLP
DATED: June 27, 2014 By:
Jason C. Giurintano, Esquire
I.D. No. 89177
305 N. Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717-237-7157
3
EXHIBIT C
0
JANET B. CHRISOPOULOS , IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PA
v. NO. 10-6451
TYLER J. ZURICH a/k/a TYLER J. ZUVICH CIVIL ACTION - LAW
.7==
and UGI UTILITIES, INC., rrico
Defendants r---
co,r
-‹J.
(--
3:1" al)
RULE TO SHOW CAUSE
••
AND NOW,this 6 layof..) ,2014,upon consideration of the foregoing
Petition for Abatement of Action for Failure to Appoint Personal Representative Pursuant to 20
Pa.C.S. §3375 and to Dismiss Action Against Defendants, it is hereby ordered that:
(1)a rule is issued upon the respondent to show cause why the petitioner is not entitled to
the relief requested;
(2)the respondent shall file an answer to the petition within 20 days of this date;
(3)the petition shall be decided under Pa.R.C.P.No. 206.7;
; - • II :
viJ.
Distribution List: omPsA ftAx-Adt
Jason C. Giurintano, Esquire4omas, Thomas & Hafer, LLP, P.O. Box 999, Harrisburg, PA
13108-0999
Ailliam P. Douglas, Esquire, Douglas Law Office, 43 W. South Street, P.O. box 261,Carlisle,
PA 17013
• •
k
04)
0'
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage prepaid, addressed to the following:
William P. Douglas, Esquire
Douglas Law Office
43 W. South Street
P.O. Box 261
Carlisle, PA 17013
Thomas, Thoma Hafer, LLP
Krista Fan , gal Secretary to
' Jason C. � •rintano, Esquire
Date: 114 /
3
JANET B. CHRISOPOULOS ,
Plaintiffs
v.
TYLER J. ZURICH a/k/a TYLER J. ZUVICH
and UGI UTILITIES, INC.,
Defendants
AND NOW, this 2day of
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-6451
CIVIL ACTION — LAW
ORDER
J-2014, upon consideration of the foregoing Motion
to Make Rule Absolute, said Motion is Granted and Defendants' Petition for Abatement of Action
for Failure to Appoint Personal Representative Pursuant to 20 Pa.C.S. §3375 is Granted and it is
hereby ordered that all claims of Janet B. Chrisopoulos in this action against Defendants are
dismissed, with prejudice.
Distribution List:
son C. Giurintano, Esquire, Thomas, Thomas & Hafer,
17108-0999
*illiam P. Douglas, Esquire, Douglas Law Office, 43 W
PA 17013
LLP, P.O. Box 999, Harrisburg, PA
. South Street, P.O. box 261,
-r, a
rn
C
>C'}
C)