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HomeMy WebLinkAbout04-3496 PETJ::R P. RUDYK, : Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW , : NO: IN - 3 Y7'~ ~ ROBERT E. MCCOY tla CUMBERLAND V ALLEY WELDING, Defendant : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to Sheriff and Robert E. McCoy tla Cumberland Valley Welding at 1129 Harrisburg Pike, Carlisle, PA 17013 " \. \~/~ .~~ Ri<;h.llJ ~;t,qulre - \ Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Supreme Court 10# 68721 (717) 258-8558 --.----~ Date: 07120/04 ,f.;:- WRIT OF SUMMONS To Robert E. McCoy tla Cumberland Valley Welding at 1129 Harrisburg Pike, Carlisle: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. f!u Protho~ary Date:;: P4 ~ ,,;u:yf/ ~~ K:~"W Deputy By: - '",,"" \ ~ ~ w '" ~ ::l ~\y "--./ ~ v-, ~B ii ~ \'\:} - . C; -. ) \ I \\ '€' -, - , "-J ~ , . ~ .. c/f t' " ,. { Johnson. Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D.No.19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attomeys for Defendant PETER P. RUDYK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. Defendant NO. 04-3496 CIVIL CIVIL ACTION - LAW ,JURY TRIAL DEMANDED ROBERT E. MCCOY Va CUMBERLAND VALLEY WELDING, PRAECIPE TO ENTER APPEARANCE AND RUlE TO RLE COMPLAINT AND NOW; this 25th day of August, 2004, enter our appearance for Defendant and issue a rule to Plaintiff to file a complaint within twenty (20) days of the date of service thereof, or suffer judgment of non pros. JOHNSON, DUFFIE, STEWART & WEIDNER /f~~~ C~~7 ~yWS ner, Jr. -.......... RULE TO FILE COMPLAINT TO THE PLAINTIFF: AND NOW; this :l..1c,~ay of August, 2004, a Rule is hereby issued to you to file your complaint in the above-captioned action within twenty (20) days of the date of service hereof, or suffer jUdgment of non pros. CURTIS R. LONG" PROTHONOTARY :234450 B, (L-k>?~O' CERTIRCA TE OF SERVICE AND NOIIv, this 25th day of August, 2004, the undE~rsigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Ma!i!, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard R. Gan, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: -;,/~~~.{//.{ ~2/(?1'(}/ , Mic lie Hagy :234450 5774-496 0 ,.." = 0 c = -n f$ ..:- ". :i! [!j"j c::: ni:D ___:1-,. en -o~ 2t;' N (f)~2" :0 ~e' CT\ 0 ;< " -0 ~~ ;1'.:0 Zo :x ~C ~ ~ > ~ Johnson. Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. 1.0. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04-3496 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PETER P. RUDYK, Plaintiff v. ROBERT E. MCCOY tla CUMBERLAND VALLEY WELDING, DEFENDANTS' ANSWER TO COMPLAINT COUNT I GENERAL ALLEGATIONS AND NOW, this j f~ay of October, 2004, come Defendants, through their undersigned attorneys, and answer Plaintiff's complaint as follows: 1. Admitted. 2. Denied. On the contrary it is a registered fictitious name owned by Robert E. McCoy. 3. - 7. Admitted. 8. Denied. 9. Denied. After a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment. 10. -14. Denied. WHEREFORE, Defendants demand that Plaintiffs complaint against them be dismissed. COUNT II NEGLIGENCE / FAILURE TO PROPERL Y TRAIN AND LICENSE 15. Admitted in Part. Denied in Part. Paragraphs 1 - 14 hereof are incorporated by reference herein. 16. -17. Denied. 18. Denied. This averment is deemed denied as a conclusion of law to which no responsive pleading is required. 19.a.-h. Denied. 20. Denied. WHEREFORE, Defendants demand that Plaintiffs compl,aint against them be dismissed. COUNT III FAILURE TO KEEP PROPER LOOKOUT / COLLIDING WITH PLAINTIFF'S VEHICLE 21. Admitted in Part. Denied in Part. Paragraphs 1 - 20 hereof are incorporated by reference herein. 22. Denied. After a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment. 23. - 25. Denied. WHEREFORE, Defendants demand that Plaintiffs complaint against them be dismissed. COUNT V WILLFUL AND WANTON MISCONDUCT /GROSS NEGLIGENCE 26. Admitted in Part. Denied in Part. Paragraphs 1 - 25 hereof are incorporated by reference herein. 27. - 30. Denied. WHEREFORE, Defendants demand that Plaintiff's complaint against them be dismissed. JOHNSON, DUFFIE, STEWART & WEIDNER d~ B~' . ~ C. Roy Weidner, Jr. :237766 5774-496 VERIF/CA TION The undersigned says that the facts set forth in the foregoing are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsifications to authorities. ,f~&pl~ Robert E. McCoy Dated: 11)- do 7-(/ ~ " , CERT/F/CA TE OF SERVICE AND NOW, this d9r1t, day of October, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard R. Gan, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By:~4 r#.~) ichelle H. Spangler :237766 5774-496 () c ~ \")1 ~rr, -;tII" '~'" ~ ~f~ (/\);,; =:;.: r ,~(. -:,- :!:;Q .<... C) )>5 -.... r--> = c:::lO ..r:"" :z: o < I ~ --I ~"') ;~- '~ <::-.j "T. -I -r) (~(.., Om .--\ 'J:" ~ -0 :x: ~ o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RUDYK Vs. NO. 043496CV MCCOY, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2:~ As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 C ROY WEIDNER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena (s) is sought to be serv1ed, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 11/15/04 C ROY WEIrn~ER, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, ~~ 17043-0109 717-761-45'lO ATTORNEY FOR DEFENDANT INQUIRIES ::;BOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 624-S304 File #: M315806 By: Andrea Durante IN THE COURT OF COMMON PLEAS OF CU1\1BERLAND COUNTY RUDYK Vs. MCCOY, ET AL No. 043496CV TO: RICHARD GAN, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOClJl\.fENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one (s) attached to this notice. You havE~ twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 10/25/04 C ROY WEIDNER, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, P.i~ 17043- 0109 ATTORNEY FOR DEFENDANT INQUIRIES :9BOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 624-5304 By: Andrea Durante Enc(s): Copy of subpoena(s) Counsel return card File #: M315806 CQMM)NWEALTH OF PENNSYLVANIA COONl'Y OF aJMBmIAND RUDYK VS. Fi le No. 043496CV MCCOY, ET AL SUBPOENA TO PR~ DClCLtENTS 1:)R TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009. 22 GALLAGHER BASSETT SVCS, 8 FLOWERS DR, MECf.~ICSBURG PA 17050 TO: ATTN: DONNA STRINKOSKI (NliITle of Person or Ent ; ty ) Within twenty (20) days after service of this subpoenl:l, you are ordered by the court to produce the following doCl.ment~ os~inAsrTACHED AnDENDUM at MEDICAL LEGAL REPRODUCTIONS'(AWess~940 Dl:SSTON ST., PBILA., pa------ You may del iver or mai 1 legible copies of the docl.lTlonts or produce things requested h) th is subpoena, together wi th the cert ; f i cate of cal'l) 1 i ance, to the party mak i ng th i ~ request at the address 1 isted above. You have the right to seek in advance the rea"onablE cost of preparing the copies or producing the things sought. t f you fai 1 to produce the docunents or things requ1ired by this subpoena within t"""enty (20) days after its serv~ce, the party serving thi:n ~)ubpoena may seek a court orde;' CCI'fl)e 11 ; ng you to carp 1 y with ; t . TH I S SUBPOENA WAS I SSUEO AT THE REQJEST OF THE FOLLCM'I NG PERSON: ~: C ROY WEIDNER, ESQ ADORESS: 301 M..~KET ST L~MUY~~, FA 17043-0109 TELEPI-ONE: SUPREfoE OOJRT I D# ATTORNEY FOR: 215-335-3212 19530 DEFENDANT BY THE COJRT: ~ tC I!~, ~- Prothonotary/Clert'(, Civi.l C)urt.L- 10 IMJfJ./;j M315806-01 DATE: 0('hP~ ~A~'f. Seal of the~ Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA RUDYK Vs. No. 043496CV MCCOY, ET AL CUSTODIAN OF RECORDS FOR: GALLAGHER BASSETT SVCS ALL WORKERS COMPENSATION RECORDS REGARDING CLAH-1 NO: 001033 028935 WC01 EMPLOYER: ROADWAY EXPRESS PERTAINING TO: NAME: PETER P RUDYK ADDRESS: 39 POMFRET ST CARLISLE PA DATE OF BIRTH: 05/07/59 SSAN: 185540024 CERTll'lliD PHOTOCOPIES WILL BE ACCEPTED IN LIEU Ol~ YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Authorized signature for GALLAGHER BASSETT SVCS Date CUMBERLAND M315806-01 *** SIGN AND RETURN THIS PJ~GE *** CCMoDNWEALTH OF J?ENNSYI,VANIA COONl'Y OF CUMBEmAND RUDYK VS. Fi 1e No. 043496CV MCCOY, ET AL SUBPOENA TO PRQCll.CE OOCU1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE' 4009.22 GALLAGHER BASSETT SVCS, 8 FLOWERS DR, MECHANICSBURG PA 17050 TO: ATTN: DONNA STRINKOSKI (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo 110wing docunent~ OSi~n~tT ACHED AIIDENDUM at MEDICAL LEGAL REPRODUCTIONS'(A~~ss~940 DJCSSTON ST., PHILA., PA You may del iver or mai 1 legible copies of the doctm:M"'lts or produce things requested h) this subpoena, together with the cert ifieate of carp Hance, to the party mak ;ng th i ~ request at the address 1 isted above. You have the right to seek in advance the reasonablE cost of pre9aring the copies or producing the things sought. I f you fai 1 to produce the docunents or things requ'ired by this subpoena within twenty (20) days after its serv~ce, the party serving th'jn ~.ubpoena may seek a court orde;' CCI1l>e 11;09 you to carp ly with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLON I NG F'ERSON: NAtoE: C ROY WEIDNER, ESQ ADDRESS: 3 o-l MhRKET ST LEMOYN~, ~A L1043-0109 TELEPH:>NE: SlPREl"E ~T 10# ATTORNEY FOR: 215-335-3212 19530 DEFENDANT BY THE COURT: DATE: (9d;)".. dJ't ;)wI Sea 1 of the cOurt Cu..ct~..; I Prothonotary Ie 1 k ~hL () nA<J~ - ;e-- eivi 1 Division M315806-02 Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA RUDYK Vs. No. 043496CV MCCOY, ET AL CUSTODIAN OF RECORDS FOR: GALLAGHER BASSETT SVCS ALL WORKERS COMPENSATION RECORDS REGARDING CLAI~[ NO: 001033 015385 WC01 EMPLOYER: ROADWAY EXPRESS PERTAINING TO: NAME: PETER P RUDYK ADDRESS: 39 POMFRET ST CARLISLE PA DATE OF BIRTH: 05/07/59 SSAN: 185540024 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE .AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certi.fy as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for GALLAGHER BASSETT SVCS CUMBERLAND M315806-02 *** SIGN AND RETURN THIS P)~GE *** C) ,,-' () if": ..> , - -, I - --~ c.:: , -:;- -"-t t; Iii r= "'~1"_ -r', ["";1 - , ; 9 r OJ ':~ 1-:-;' '. - ", -,; r 1 " ~~ f i f'J :.:2 ro.,) :> 0; -..<. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . RUDYK Vs. NO. 043496CV MCCOY, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 C ROY WEIDNER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be servled, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 02/01/05 C ROY WEIDNER, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043-0109 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIES SIlOULD BE ADDRESSED TO: MEDICAL LEG1~ REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 624-5304 File #: M317897 By: Andrea D'urante IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RUDYK Vs. MCCOY, ET AL No. Cl43496CV TO: RICHARD GAN, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one (s) attached to this notice. You haVE' twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 01/11/05 C ROY WEIDNER, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043-0109 ATTORNEY FOR DEFENDANT INQUIRIES SlIOULD BE ADDRESSED TO: MEDICAL LEG1~ REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIl'l, PA 19135 (215) 624-5304 By: Andrea Durante Enc(s): Copy of subpoena(s) Counsel return card File #: M317897 CQMMJNWEALTH OF PmNSYLVANIA COONl'Y OF aJMBERIAND RUD'i"K VS. Fi Ie 110. 043496CV MCCOY, ET AL SUBPOENA TO PR<lCltX:E lXJCU1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 SUSQUEHANNA VAL SURGERY, 4310 LONDONDERRY RD, HARRISBURG PA 17109 (NlIne of Person or Entity) TO: Within twenty (20) days after service of this subpoenll., you are ordered by the court to produce the following docunent", or things: SEE ATTAUllilJ AlJlJENDUM at MEDiCAL LEGAL REPRODUCTiONS1A~~ss~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested hI this subpoena, together with the certificate of canpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of preparing the copies or producing the things sought. I f you fa; I to produce the docunents or things requilred by this subpoena within twenty (20) days after its service, the party serving thb ~;ubpoena may seek a court orde;- compelling you to comply with it. TH I S SUBPOENA WAS NA/'E : AOORESS: ISSUED AT THE REQUEST OF THE FOLLOo\'ING PERSON: C ROY WEIDNER. ESQ 301 MARKET OT LEMOYNE, PA 17043-0109 215-335-3212 TELEPt-I:)NE: SlPR8'E cou:lT I D 4* ATTORNEY FOR: 19530 DEFENDANT BY THE COURT: (I~"i.(:. Ii? t:~ ~., Prothonotary/OJ KJ OivU Division .l (Ul'l' (2 "n-t,};,,-, I Deputy jVi317897-01 DATE: ~~l";tfh~~ro;,)-{ (Eff. 1/97) ADDENDUM TO SUBPOENA RUDYK Vs. No. 043496CV MCCOY, ET AL CUSTODIAN OF RECORDS FOR: SUSQUEHANNA VAL SURGERY ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREA~['MENT RENDERED TO: NAME: PETER P RUDYK ADDRESS: 39 POMFRET ST CARLISLE PA DATE OF BIRTH: 05/07/59 SSAN: 185540024 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned hav~been produced. [ NO DOCUMENTS A VAlLABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed X-RAYS Date Authorized signature for SUSQUEHANNA VAL SURGERY CUMBERLAND ;'1317897-01 *** SIGN AND RETURN THIS PAGE *** (''OJ ," I j" ..." r'\ \::':: ::-;'1 , ~ I ,1'" f.,: ( ~) G~l ~ ---- Johnson. Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. 1.0. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PETER P. RUDYK, v. NO. 04-3496 CIVIL ROBERT E. MCCOY Va CUMBERLAND VALLEY WELDING, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant CERTIFICA TE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; 3) No objection to the subpoenas has been received and the waiver of the 20 day notice period is attached; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER Date: 5 -;9- D5 By: (; / ,,'- , /' ~ . . C. Roy Weidner, Jr. Johnson. Duffie, Stewart & Weidner By: c. Roy Weidner, Jr. J.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PETER P. RUDYK, v. NO. 04-3496 CIVIL ROBERT E, MCCOY tla CUMBERLAND VALLEY WELDING, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Peter p, Rudyk, Plaintiff Richard R. Gan, Esquire 17 West South Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas, If no objection is made, the subpoenas may be served, JOHNSON, DUFFIE, STEWART & WEIDNER Date: 5/;a /tJ5 t~./. -' a / /~/' By: , o~ner, Jr. :250565 5774-496 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PETER P. RUDYK, Plaintiff vs. File No. 04-3496 CIVIL ROBERT E. MCCOY tla CUMBERLAND V ALLEY WELDING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance GrouD. 1000 Murrv Ridge Lane. Murrvsville. PA 15668 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by tbe court to produce the following documents or things: Copies of all documents including all memoranda, reports, statements, medical records, phone messages, adjuster notes, expert reports, policy inCormation and any other inCormation pertaining to Peter P. Rudyk; D.D.B: 05/07/1959; Social Security No.: 178-64-1607; Policy No.: Q060113457. at C. Rov Weidner. Jr.. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at tbe address listed above. You have the rigbt to seek, in ad vane, the reasonable cost of preparing the copies or produciug the things sought. If you fail to produce the documents or things required by this subpoeua, 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: C. Rov Weidner. Jr.. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 301 Market Street Lemovne. PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT 1D # 19530 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy ............ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PETERP. RUDYK, Plaintiff vs. File No. 04-3496 CIVIL ROBERT E. MCCOY t/a CUMBERLAND V ALLEY WELDING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance Groue. 1000 Murry Ridge Lane. MurrysvilIe. P A 15668 (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: Copies of all documents including all memoranda, reports, statements, medical records, phone messages, adjuster notes, expert reports, policy information and any other information pertaining to Claim No.: 010950157342; Peter P. Rudyk; D.O.B: 05/07/1959; Social Security No.: 178-64-1607. at e. Rov Weidner. Jf.. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: e. Rov Weidner. Jr.. Johnson. Duffie. Stewart & Weidner. P.e. ADDRESS: 301 Market Street Lemovne. P A 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 A TIORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy CERTlFICA TE OF SERVICE AND NOW, this rale.} day of MR~ ,2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard R. Gan, Esquire Gan Law Offices 17 West South Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER Bytlf&JjCf}t~O Izabeth L . gl~ :250565 5774-496 GAN LAW OFFICES 17 "''EST soum STREET, CARLISLE, PA 17013 PHONE (717) 241-4300 FAX (717) 243-5178 Rkhard R. Gu. Esqlli... Email: ricbgan@earthlink.net A.dInitted 1,0 Micbigan Baw Admitted t,o Now 'York BIU' Admitted to Penn'Sy\Yania Bar May 13, 2005 Mr. C. Roy Weidner, Jr., Esq. Johnson, Duffie 301 Market Street PO Box 109 Lemoyne, Pennsylvania 17043 Attention: Elizabeth Ziegler Via fax 761 3015 and First Class Mail Re: Rudyk v Robert McCoy tla Cumberland Valley Welding Dear Elizabeth, This is to confirm om conversation of May 12th in regard to the subpoena you intend to send to Erie insmance. Please consider this my formal waiver of the 20 day notice period. If you have any further questions, please contact me at your convenience. ---.-" V~~~ R'-- --..:,~ <I C.C. Mr. Peter Rudyk ~Q ---':"_n '---- .-> <- ~'d 9n9 SVG nL U88 pJ8YO!l:J dVG:SO 90 S~ '\811'J CERTIFICA TE OF SERVICE AND NOW, this /1 ti day of met j~, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregOing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard R. Gan, Esquire Gan Law Offices 17 West South Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: :250565 5774-496 ,"'I ~. ~., , r>' , '"~, Johnson. Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. 1.0. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PETER P. RUDYK, v. NO. 04-3496 CIVIL ROBERT E. MCCOY tla CUMBERLAND VALLEY WELDING, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant CERTlFICA TE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, are attached to this certificate; 3) No objection to the subpoena has been received and the waiver of the 20 day notice period is attached; and 4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER Date: 1/12/0 (- ~) By: ~ Roy . oc. J,. - Johnson. Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PETER P. RUDYK, v. NO. 04-3496 CIVIL ROBERT E. MCCOY Va CUMBERLAND VALLEY WELDING, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant NOTICE OF INTENT TO SERVE A SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Peter P. Rudyk, Plaintiff Richard R. Gan, Esquire 17 West South Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendant intends to serve a subpoena identical to the one attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: "/jf 0 t; JOHNSON, DUFFIE, STEWART & WEIDNER r?i<,;::::. ~ :258212 5774-496 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PETER P. RUDYK, Plaintiff vs. File No. 04-3496 CIVIL ROBERT E. MCCOY tla CUMBERLAND V ALLEY WELDING, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Roadwav Exeress. Inc.. 100 Roadwav Drive. Carlisle. PA 17013 (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: Copies of all employment records, W-2 statements, 1099 statements, other payroll records, disciplinary and termination records, performance evaluations, performance reviews, sicknesses or illnesses, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession pertaining to Peter P. Rudyk; D.O.B: 05/07/1959; Social Security No.: 178-64-1607. at C. Rov Weidner. Jr.. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, the reasonable cost of preparing the copies or producing the things sought. (fyou 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: C. Rov Weidner. Jr.. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 301 Market Street Lemovne. PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy CERTlFICA TE OF SERVICE AND NOW, this 71_'" day of C;;pp-lem he!" , 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard R. Gan, Esquire Gan Law Offices 17 West South Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: :258212 5774-496 .. 09/07/2Q05 08:50 FAX JDS&W John80n. Duffle, Stewart & Weidner By: C. Roy Weld",.,., Jr. 1.0. No. 19530 301 Maritet S'-t P. O. Boll 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@Jd$W.com PETER P. RUDYK, Plaintiff v. ROBERT E. MCCOY tla CUMBERLAND VAlLEY WELDING. Defendant Attorneys fur Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04-3496 CMl CIVIL ACTION - LAW JURY TRIAl DEMANDED WAIVER OF 2O-DA Y SUBPOENA OBJECTION PERIOD I. Richard R. Gan. Esquire. agree to waive \he 20-day objectiDn period for the noli<;e of Intent to sullpoena the employment records from Roadway Express, Joc. Da~# c- G'd 9H9 ';VG HL By. ~~_,d R. (;.,,2~ ~. I ..- . U"8 PJB~O!C1 ~003/008 ) r-' '-.,. -1!""" dWZ, 90 LO des CERTIFICA TE OF SERVICE AND NOW, this /c)f-"' day of se p.Jern hPlJ, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard R. Gan, Esquire Gan Law Offices 17 West South Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEID~'" By: & . ~t- Elizab h L. Ziegler :258212 5774-496 C) ( C') .;{1 (,., (' --.1 -'I: 1,\ <-,) C) (~ Lr'i ... Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. 1.0. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PETER P. RUDYK, v. NO. 04-3496 CIVIL ROBERT E. MCCOY tla CUMBERLAND VALLEY WELDING, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued, including all counterclaims, crossclaims and joinders of additional parties. GAN ~WOFFlC~S W ~ .,-;~..~~~ JOHNSON, DUFFIE, STEWART & WEIDNER Oy~ . Roy Weidner, Jr. DISCONTINUANCE CERTlFICA TE AND NOW, ~'JIl...'- ( ..::I.P MOIo I suit has been marked as above directed. :272999 5774-496 (!;~ rFROTHON RY!J -. , . CERTIFICA TE OF SERVICE AND NOW, this ~day of April, 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard R. Gan, Esquire Gan Law Offices 17 West South Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER BY:/1~!~;2/ ~/lrLt) . helle H. Spangler 272999 5774-496 ," '"