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HomeMy WebLinkAbout11-3218Edward R. Kennett, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street Lancaster, PA 17608 717-393-9596 Court I.D. No. 69072 Attorney for Plaintiffs RICHARD D. LARRICK AND ANN M. LARRICK, HUSBAND AND WIFE 442 HAVERHILL ROAD LANCASTER, PA 17601 Plaintiff(s) vs. ALAN M. TUCKER 129 HILL ROAD FAYATTEVILLE, PA 17331 Defendant(s) FILED-OFFICE OF THE PROTHONOTARY 2011 MAR 23 PM 12: 21 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11- 3,;W/ ? (I io-1 JURY TRIAL DEMANDED COMPLAINT ?S NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER (OR CANNOT AFFORD ONE), GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION T A IE AT MAY OFFER LEGAL SERVICES T ELIGIBLE PERSONS AT A REDUCED FEE OR NOTE-97- AVISO Le han demandado en corte. Si usted quiere defenderse contra las demandas nombradas en ]as paginas siguientes, tiene viente (20) dias a partir de recibir esta demanda y notificacion para entablar personalmente o por un abogado una comparecencia escrita y tambien para entablar con la corte en forma escrita sus defensas y objeciones a las demandas contra usted. Sea advisado que si usted no se defiende, el caso puede continuar sin usted y la corte puede incorporar un juicio contra usted sin previo aviso para conseguir el dinero demandado en el pleito o para conseguir cualquier otra demanda o alivio solicitados por el demandante. Usted puede perder dinero o propiedad u otros derechos importantes para usted. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE ABOGADO (O NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO), VAYA EN PERSONA O LLAME POR TELEFONO LA OFICINA NOMBRADA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN ABOGAD SI USTED NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO, ESTA OFICINA PUEDE PR POR IONARI.F TNFnRmA Tnm CnRRT: An?u rAC ni Y7 nl urlrum 2 PARTIES TO THE CAUSE OF ACTION 1. Plaintiff, Richard and Ann Larrick, are adult individuals residing at 442 Haverhill Road, Lancaster, Pennsylvania 17601. 2. Defendant, Alan Tucker, is an adult individual residing at 129 Hill Road, Fayetteville, Pennsylvania 17331. STATEMENT OF FACTS 3. On May 21, 2010, Mr. Larrick was visiting a car show at the Carlisle Fairgrounds. 4. While Mr. Larrick was walking in the pedestrian walk way, Mr. Tucker backed his vehicle into the pedestrian walkway and hit Mr. Larrick. 5. As a direct and proximate result of the defendant's negligence, Mr. Larrick suffered serious injuries, including an ankle fracture which required surgery. 6. As a result of the treatment necessitated by the defendant's negligence, Mr. Larrick suffered a DVT, pulmonary embolism, and blood clotting issues. 7. As a direct and proximate result of the defendant's negligence, Mr. Larrick has incurred significant medical expenses and may continue to incur such expenses. 8. As a direct and proximate result of the negligence of the defendants, plaintiff has suffered a loss of earnings and loss of earnings capacity. 3 9. As a direct and proximate result of the defendant's negligence, Mr. Larrick has experienced severe pain and suffering, anxiety, and loss of the enjoyment of life's pleasures and will continue to suffer such losses in the future. COUNT I RICHARD D. LARRICK v. ALAN M. TUCKER NEGLIGENCE 10. Paragraphs 1 through 9 are incorporated herein. 11. At all times hereto, defendant had a duty to the plaintiff. 12. Defendant breached said duty. 13. Defendant's negligence includes the following: a. failing to have the vehicle under control; b. failing to pay proper attention and care to the surrounding pedestrians and circumstances; C. failing to keep an appropriate lookout to avoid striking pedestrians; d. failing to maneuver a vehicle safely so as to avoid striking pedestrians; f. operating a vehicle without due regard for pedestrians and/or; g. careless and reckless driving. 14. Defendant's negligence was a causal factor in bringing about plaintiff's injuries. 4 WHEREFORE, Plaintiffs demands judgment against Defendant in an amount in excess of $50,000, together with interest and costs thereon as allowed by law. COUNT II ANN M. LARRICK v. ALAN M. TUCKER LOSS OF CONSORTIUM 15. Paragraphs 1-14 are incorporated herein. 16. Mr. Larrick and Mrs. Larrick are and at all times material hereto were husband and wife. 17. As a direct and proximate result of the negligence of Defendant, Mrs. Larrick has been and will be deprived of the care, comfort, society and services of her husband, Mr. Larrick. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $50,000, together with interest and costs. Respectfully submi Dated: 3 - Z (' ATLEE, HA OOKHART, LLP By: Zdward R. Kennett, Esquire Attorney for Plaintiffs 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 69072 5 VERIFICATION I hereby verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: Richard D. Lar?rickk Pri t ameHejre VERIFICATION I hereby verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: ?: ? //CZ 0// P"u/'-W Zn?'Ck Ann M. Larrick ? " 14, LLaYI-ic X Print Name Here Edward R. Kennett, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street Lancaster, PA 17608 717-393-9596 Court I.D. No. 69072 Attorney for Plaintiffs RICHARD D. LARRICK AND ANN M LARRICK, HUSBAND AND WIFE 442 HAVERHILL ROAD LANCASTER, PA 17601 Plaintiff(s) vs. ALAN M. TUCKER 129 HILL ROAD FAYATTEVILLE, PA 17331 Defendant(s) 711 ?R Zd A? IU? .?" ,e jmBER AVAD ???` P ENP4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11-3218 JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint as to Defendant Alan M. Tucker. Respectfully submitted: Dated: if -/,/ ATLEE, HALL By: Edward R. Kennett, Esquire Attorney for Plaintiffs 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I. D. No. 69072 as'v 10.0()?d°" 1 c?5`i6a eA? a5BZoD Edward R. Kennett, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street Lancaster, PA 17608 717-393-9596 Court I.D. No. 69072 Attorney for Plaintiffs RICHARD D. LARRICK AND ANN M. LARRICK, HUSBAND AND WIFE Plaintiff(s) vs. ALAN M. TUCKER Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11-3218 JURY TRIAL DEMANDED MCO M u.,r PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT ALAN M. TUCKER'S ANSWER TO PLAINTIFFS' COMPLAINT 18. The Complaint is incorporated herein. i N fJwt? 19-40. Neither admitted nor denied. Paragraphs 19-40 state conclusions of law to which no response is required. Nevertheless, in further answer thereto, Plaintiffs deny all M- _u r e? -? G7 41 F11 4 allegations set forth in paragraphs 19-40 and incorporate herein the Complaint. WHEREFORE, Plaintiffs demand judgment against defendant in an amount in excess of $50,000, together with interest and costs as allowed by law. Respectfully submitted: Dated: 1 ATLEE, HALL BR( By: hh^ard W-Kennett, Esquire /Attorney for Plaintiffs 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 69072 VERIFICATION I hereby verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. As all factual averments to a degree of reasonable belief are known to plaintiff counsel through investigation, I am verifying this pleading to allow prompt filing and service. I understand that fad statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating t ns n falsification o authorities. Dated: Signed: dward R. Kennett, Esquire CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons by placing a copy of the said document in the United States mail, first class mail, directed to their office addresses as follows: David R. Chludzinski, Esquire Rawle & Henderson 240 N. Third Street Payne Shoemaker Building 9th Floor Harrisburg, PA 17101 Dated: ATLEE, HALL & R T, LLP By: / Edward R. Kennett, Esquire Attorney for Plaintiffs 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 1. D. No. 69072 By: Fred B. Buck ur THE PROMONOl 4,, Identification No.: 31642 B Identification No.: y: David R. Chludzinski Payne Shoemaker Building 240 N. Third Street, 9th Floor 2011 JUN AM ?0: 17 U ?z PENNS YLVANIA ,?, A Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 234-7700 Alan M. Tucker RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs,: vs. ALAN M. TUCKER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 11-3218 CIVIL JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification of Alan M. Tucker for the verification of counsel to defendant's Answer to Plaintiffs Complaint With New Matter, which was previously filed with the Court. Respectfully submitted, RAW & HENDERSON LLP By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker Our File No.: 451678 Dated: G r lN 4575131-1 EXHIBIT "A" a VERIFICATION Alan M. Tucker, hereby states that he is the defendant. He verifies that he has read the within Answer to Plaintiffs' Complaint With New Matter and that it is true and correct to the best of his knowledge, information and belief. He understands that the statements set forth in said Answer are made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904 relating to unsworn falsification to authorities. Alan M. Tucker Date: S-1?111 4559274-1 CERTIFICATION OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing document by first-class mail, postage prepaid, upon all attorneys of record and parties, addressed as follows: Edward R. Kennett, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street Lancaster, PA 17608 Counsel for Plaintiffs RAWLE & HENDERSON LLP By: C" (;t_ Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker Our File No.: 451678 Dated: (,/I I II 4575131-1 RAWLE & HENDERSON LLP OFF 'RO+#fONOTAr"r By: Fred B. Buck A ur, _ + . Identification No.: 31642 f By: David R. Chludzinski 'JMBERLAND COUNTY Identification No.: 200702 PENNSYLVANIA Payne Shoemaker Building 240 N. Third Street, 9t' Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 234-7700 Alan M. Tucker RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs,: VS. ALAN M. TUCKER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW : NO. 11-3218 CIVIL : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant, ALAN M. TUCKER., certifies that: 1. A Notice of Intent to Serve subpoenas with a copy of the subpoenas attached hereto was mailed or delivered to each parry at least twenty days prior to the date on which the subpoena is sought to be served. 2. A copy of the Notice of Intent, including the proposed subpoena is attached to this Certificate. 3. No objections to the subpoenas has been received. 4. Counsel has waived the twenty (20) days for service of the subpoenas thereby allowing the subpoenas to be served immediately. A copy of the waiver is attached. 4570503-1 5. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve the Subpoena. RAWLE & HENDERSON LLP "4A4?? Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker Our File No.: 451678 Dated: 8/2/11 4570503-1 RAWLE &.HEN DER SQN LLP Fr; a 'u o i D V Q`C` 9. D , 1783. DEBBIE L. MCCALLIN PARALEGAL 717-234-1008 dmccallin@rawle.com The Nation's Oldest Law Office • Established in 1783 www.rawle.com 240 N. THIRD STREET NINTH FLOOR HARRISBURG, PA 17101 TELEPHONE:(717) 234-7700 FACSIMILE:(717) 234-7710 July 22, 2011 Edward R. Kennett, Esquire 8 North Queen Street Lancaster, PA 17608 Re: Larrick v. Tucker Cumberland County CCP No.: 11-3218 Our File No.: 451678 Dear Mr. Kennett: Enclosed please find Defendant's Notice of Intent to Serve Subpoenas in the above captioned matter. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 4009.2 1, you have twenty (20) days within which to file objections to these subpoenas. If no objections are received, the subpoenas will then be served. In the event you are agreeable to waiving the twenty (20) day waiting period, please sign the enclosed copy of this letter and return it to me in the envelope I have provided. Thank you for your cooperation and immediate attention to this matter. Very truly yours, RAWLE & I-IENDERSON LLP Debbie L. McCallin, Paralegal DLM/ I hereby agree to waive the twenty (20) day wai subpoenas may be served immediately. Dated: &-(-(\ 4712187-1 that the PHILADELPHIA, PA PITTSBURGH, PA HARRISBURG, PA MEDIA, PA MARLTON, NJ NEW YORK, NY WILMINGTON, DE WHEELING, WV RAWLE & HENDERSON LLP By: Fred B. Buck Identification No.: 31642 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9`' Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 234-7700 Alan M Tucker RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW vs. : NO. 11-3218 CIVIL ALAN M. TUCKER, Defendant. : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE ADDITIONAL SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, ALAN M. TUCKER, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned, any objections you may have to the subpoenas. If no objections are made, the subpoenas may be served. RAWLE & HENDERSON LLP Dated: 7 lga-/// Fred B. Buck, Esqui David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker Our File No.: 451678 4552945-1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Richard D. and Ann M. Larrick, H/W V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION - LAW Alan M. Tucker NO.2011-3218 Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 To: Geisineer Gold, Geisinser Health Plan, 100 N Academy Dr Danville PA (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED ADDENDUM _at Rawle & Henderson LLP, 240 N. Third St.,9th 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: Date: ? - a7- 1 [SEAL] Name: David Chludzinski, Esquire Rawle & Henderson LLP 240 N.3rd St.,9th Floor Address: Harrisburg,PA 17101 Telephone: 717-234-7700 Supreme Court ID#: 200702 Attorney for: Defendant 4712160-1 BY THE COURT: ADDENDUM TO THE SUBPOENA Any and all records including but not limited to: The entire claims file including all correspondence; medical bills; Expense pay out sheet; medical records; Applications for benefits; e-mail transmissions; lien information; and any and all other documents relating to an incident that occurred on May 21, 2010 under your policy number 10029671001 and relating to: Richard Larrick, 442 Haverhill Road, Lancaster, PA 17601 DOB: 12/22/44 4712160-1 CERTIFICATE OF COMPLIANCE/AUTHENTICITY FROM: GEISINGER GOLD RE: RICHARD LARRICK DOB: 2/22/44 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Title Print Name Date 4712160-1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Richard D. and Ann M. Larrick, H/W CUMBERLAND COUNTY COURT OF COMMON PLEAS V. CIVIL ACTION - LAW Alan M. Tucker NO.2011-3218 Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 To: Medicare. Independence Blue Cross 1901 Market Street Phila PA (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED ADDENDUM at Rawle & Henderson LLP 240 N. Third St.,9th Floor Harrisburs 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: Date: [SEAL] Name: David Chludzinski, Esquire Rawle & Henderson LLP 240 N.3rd St.,9th Floor Address: Harrisburg,PA 17101 Telephone: 717-234-7700 Supreme Court ID#: 200702 Attorney for: Defendant 4712167-1 BY THE COURT: ADDENDUM TO THE SUBPOENA Any and all records including but not limited to: The entire claims file including all correspondence; medical bills; Expense pay out sheet; medical records; Applications for benefits; e-mail transmissions; lien information; and any and all other documents relating to an incident that occurred on May 21, 2010 under your policy number 1853480261 and relating to: Richard Larrick, 442 Haverhill Road, Lancaster, PA 17601 DOB: 12/22/44 4712167-1 CERTIFICATE OF COMPLIANCE/AUTHENTICITY FROM: MEDICARE/ INDEPENDENCE BLUE CROSS RE: RICHARD LARRICK DOB: 2/22/44 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Title Print Name Date 4712167-1 CERTIFICATION OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing documents by first-class mail, postage prepaid, upon all attorneys of record and parties, addressed as follows: Edward R. Kennett, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street Lancaster, PA 17608 Counsel for Plaintiffs Dated: 7/- 4// RAWLE & HENDERSON LLP B Fred B. Buck, Esquire David R. Chludzinski, squire Attorneys for Defendant, Alan M. Tucker Our File No.: 451678 4552945-1 .}`??' i' lire TN4NOi`r F ? RAWLE & HENDERSON LLP . E By: Fred B. Buck 2011 AUG I 1 AM I1. 1 ? Identification No.: 31642 B D id R Chl d i ki CUMBEWM COUNTY y: av . u z ns PENNSYLVANIA Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9 h Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 234-7700 Alan M Tucker RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 11-3218 CIVIL ALAN M. TUCKER, Defendant. : JURY TRIAL DEMANDED STIPULATION It is hereby STIPULATED and AGREED upon, by and between plaintiffs, Richard and Ann Larrick, and defendant, Alan Tucker, that Paragraph 8 of plaintiffs' complaint is hereby STRICKEN with prejudice. Additionally, it is hereby STIPULATED that plaintiffs, Richard and Ann Larrick, are not asserting a wage loss claim in the above-captioned lawsuit. RAWLE & HENDERSON LLP By: &I, Fred Buck, Esquire David R. Chludzinski, Esquire Attorney for Defendant, Alan M. Tucker ATLEE, HA OOKHART, LLP By: 8 b/l? Edward R. ett, Esquire Attorne or Plaintiffs, llooo Richard D. Larrick and Ann M. Larrick, h/w 4698361-1 • °') w-'3 c:: RAWLE & HENDERSON LLP °' By: Fred B. Buck Identification No.: 31642 By: David R. Chludzinski Identification No.: 200702 - Payne Shoemaker Building 240 N. Third Street, 9th Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 234-7700 Alan M Tucker RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs,: vs. ALAN M. TUCKER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 11-3218 CIVIL JURY TRIAL DEMANDED ORDER AND NOW, this 7p day of *74. , 2011, upon consideration of the joint Stipulation to strike Paragraph 8 of plaintiffs, complaint, it is hereby ORDERED and DECREED that the Stipulation is GRANTED and APPROVED. J. ? ?.vid R. Chludzinski , 4 M ?i . 0 '"' EduxLrd ahneft op dK? t :i -rt ?= c" s _aJ f? 4698375-1 R RAWLE & HENDERSON LLP ,r OTHONOTAR - By: Fred B. Buck 2011 AUG S I AM 1 f : 11 Identification No.: 31642 By: David R. Chludzinski ;cUM3ERLAND COUNTY Identification No.: 200702 PENNSYLVANIA ?S Payne Shoemaker Building = 240 N. Third Street, 9`h Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant, 717) 234-7700 Alan M Tucker RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. ALAN M. TUCKER, Defendant. CIVIL ACTION - LAW NO. 11-3218 CIVIL : JURY TRIAL DEMANDED STIPULATION It is hereby STIPULATED and AGREED upon, by and between plaintiffs, Richard and Ann Larrick, and defendant, Alan Tucker, that Paragraph 8 of plaintiffs' complaint is hereby STRICKEN with prejudice. Additionally, it is hereby STIPULATED that plaintiffs, Richard and Ann Larrick, are not asserting a wage loss claim in the above-captioned lawsuit. RAWLE & HENDERSON LLP ?Ijr?r Cal,.Lt By: /?d it Fred Buck, Esquire David R. Chludzinski, Esquire Attorney for Defendant, Alan M. Tucker ATLEE, HA OOKHART, LLP By: 8 6I Z Edward R. ett, Esquire Attome or Plaintiffs, Richard D. Larrick and Ann M. Larrick, h/w 4698361-1 C PRAECIPE FOR LISTING CASE FOR TRIAL ?1 111:f s (Must be typewritten and submitted in triplicate) ^''U."I BE R L?" N COUNTY PENNSYLVANIA TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: X? for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) X? Civil Action - Law Richard D. Larrick and ? Appeal from arbitration Ann M. Larrick ? (other) (Plaintiff) vs. The trial list will be called on 3/27/2012 Alan M. Tucker and Trials commence on 4/23/2012 (Defendant) Pretrials will be held on 4/11/2012 VS. (Briefs are due S days before pretrials No. 11-3218 Term Indicate the attorney who will try case for the party who files this praecipe: Edward R. Kennett, Esquire, Atlee, Hall & Brookhart, LLP, 8 N Queen St, Lancaster, PA 17603 Indicate trial counsel for other parties if known: David Chludzinski, Rawle & Henderson, 240 N 3rd St, Payne Shoemr§ldg, Harrisbyrg-PA This case is ready for trial. Signed: Prin Name:t,/ F e h,?_ Date: November 7, 2011 Plaintiffs Attorney for: Cktk 1co?? '? ? al??o 80 CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons by placing a copy of the said document in the United States mail, first class mail, directed to their office addresses as follows: David R. Chludzinski, Esquire Rawle & Henderson 240 N. Third Street Payne Shoemaker Building 9th Floor Harrisburg, PA 17101 Dated: November , 2011 ATLEE, HA & BR KHART, LLP By: Edward R. Kennett, Esquire Attorney for Plaintiffs 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 1. D. No. 69072 RAWLE & HENDERSON LLP FILED-OFFICE By: Fred B. Buck OF THE PROTHONOTARY Identification No.: 31642 t1?t DEC 27 PM f2`' 42 By: David R. Chludzinski Identification No.: 200702 CUMBERLAND COUNTY Payne Shoemaker Building PENNSYLVANIA 240 N. Third Street, 9`" Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 234-7700 Alan M. Tucker RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs,: VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 11-3218 CIVIL ALAN M. TUCKER, Defendant. JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVE SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the defendant, Alan M. Tucker certifies that: 1. the notice of intent to serve the subpoena (directed to James R. Seigenthaler, D.C.) with a copy of the subpoena attached thereto was served on counsel for plaintiff on November 29, 2011 at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. counsel for defendant has not received notice of objections to the subpoena; 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. 5079210-1 RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker Dated: 4-V /2.0(( 5079210-1 RAWLE & HENDERSON LLP By: Fred B. Buck Identification No.: 31642 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9t' Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 234-7700 Alan M. Tucker RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs,: VS. ALAN M. TUCKER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 11-3218 CIVIL : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE PA. R.C.P. 4009.21 AND NOW comes defendant, Alan M. Tucker, by his attorneys, Rawle & Henderson LLP, and files the within Notice of Intent to Serve Subpoena to Produce Documents for Discovery Pursuant to Rule PA. R.C.P. 4009.21. The defendant intends to serve the subpoena identical to the one that is attached to this Notice directed to: James R. Siegenthaler, D.C., Siegenthaler Family Chiropractic Center, 2323 Oregon Pike, Lancaster, PA 17601. 5044478-1 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. RAWLE & HENDERSON LLP By: Dated: 11/29/2011 )L a a?6 Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker 5044478-1 n COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD LARRICK ET UX. VS. Plaintiff File No. 11-3218 CIVIL ALAN M. TUCKER Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: JAMES R. SIEGENTHALER, D.C. & SIEGENTHALER FAMILY CHIROPRACTIC CENTER (Name of Person or Entity) L"""°° Ln, J -M Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: DOCUMENTS RELATING TO RICHARD LARRICK, AND MORE PARTICULARLY DESCRIBED IN "SCHEDULE A" APPENDED HERETO. RAWLE & HENDERSON, LLP, 240 N. Third St., 9th Fl., Harrisburg, PA 17101 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID R. CHLUDZINSKI, ESQ. ADDRESS: Third 240 N. t. Harrisburg, PA 17101 TELEPHONE: 717-234-7700 SUPREME COURT ID # 200702 ATTORNEY FOR: DEFENDANT BY THE COURT: Date:- // Ap //// Se of the Court 16-va 1. d U.--// Prothonotary, Civil Division Y .a Deputy "SCHEDULE A" Subpoena for records directed to: James Siegenthaler & Siegenthaler Family Chiropractic Center Any and all documents relating to your examination, evaluation and treatment of RICHARD LARRICK (DOB: 02/22/1944) at any time including, but not limited to: patient questionnaires, in-take forms, daily charts, summary charts, narrative reports or summaries, surgical or procedure reports, graphics or data, medication logs, correspondence, memoranda, or notes, whether in written or electronic format. This subpoena encompasses imaging studies (film or digital/disk), if requested. This subpoena encompasses billing and insurance information, if requested. 5037449-1 CERTIFICATION OF SERVICE I hereby certify that on this 29th day of November, 2011 I served a true and correct copy of the foregoing Notice of Intent by first-class mail, postage prepaid, upon counsel of record and addressed as follows: Edward R. Kennett, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street Lancaster, PA 17608 Counsel for Plaintiffs RAWLE & HENDERSON LLP )L a .4?3 By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker 5044478-1 CERTIFICATION OF SERVICE S1 I hereby certify that on this v4 day of December, 2011, I served a true and correct copy of the foregoing Certificate by first-class mail, postage prepaid, upon counsel of record and addressed as follows: Edward R. Kennett, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street Lancaster, PA 17608 Counsel for Plaintiffs RAWLE & HENDERSON LLP )IJ a?? aIA- By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker 5079210-1 k, Y RAWLE & HENDERSON LLP FILED-OFFICE By: Fred B. Buck GE THE PROTHONOTARY Identification No.: 31642 By: David R. Chludzinski 2011 DEC 27 PM 12-,42 Identification No.: 200702 Payne Shoemaker Building CUMBERLAND COUNTY 240 N. Third Street, 9`h Floor PENNSYLVANIA Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 34-7700 Alan M. Tucker RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW VS. : NO. 11-3218 CIVIL ALAN M. TUCKER, Defendant. JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVE SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the defendant, Alan M. Tucker certifies that: the notice of intent to serve the subpoena (directed to Dr. Steven P. Woratyla) with a copy of the subpoena attached thereto was served on counsel for plaintiff on November 29, 2011 at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. counsel for defendant has not received notice of objections to the subpoena; 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. 5079210-1 RAWLE & HENDERSON LLP j a .4)6 By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker Dated: a 1 J'5079210-1 RAWLE & HENDERSON LLP By: Fred B. Buck Identification No.: 31642 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9th Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 234-7700 Alan M. Tucker RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs,: vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 11-3218 CIVIL ALAN M. TUCKER, Defendant. JURY TRIAL DEMANDED PURSUANT TO RULE PA. R.C.P. 4009.21 AND NOW comes defendant, Alan M. Tucker, by his attorneys, Rawle & Henderson LLP, and files the within Notice of Intent to Serve Subpoena to Produce Documents for Discovery Pursuant to Rule PA. R.C.P. 4009.21. The defendant intends to serve the subpoena identical to the one that is attached to this Notice directed to: Steven P. Woratyla, M.D., Surgical Specialists of Lancaster, 2101 Embassy Drive, Lancaster, PA 17603. 5044468-1 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. RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker Dated: 11/29/2011 5044468-1 H COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD LARRICK ET UX VS. Plaintiff File No. 11-3218 ALAN M. TUCKER Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: STEVEN P. WORATYLA, M.D. & SURGICAL SPECIALISTS OF LANCASTER, PA (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: DOCUMENTS RELATING TO RICHARD LARRICK, AND MORE PARTICULARLY DESCRIBED IN "SCHEDULE A" APPENDED HERETO. at RAWLE & HENDERSON, LLP, 240 N. Third St., 9th F1., Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID R. CHLUDZINSKI, ESQ. ADDRESS: 240 N. Third St. Harrisburg, PA 17101 TELEPHONE: 717-234-7700 SUPREME COURT ID # 200702 ATTORNEY FOR: DEFENDANT BY THE COURT: Date: // A/ eal oft the Court Prothonotary, Civil Division Deputy "SCHEDULE A" Subpoena for records directed to: Stevgn P. Woratyla, M.D. & Surgical Specialists of Lancaster Any and all documents relating to your examination, evaluation and treatment of RICHARD LARRICK (DOB: 02/22/1944) at any time including, but not limited to: patient questionnaires, in-take forms, daily charts, summary charts, narrative reports or summaries, surgical or procedure reports, graphics or data, medication logs, correspondence, memoranda, or notes, whether in written or electronic format. This subpoena encompasses imaging studies (film or digital/disk), if requested. This subpoena encompasses billing and insurance information, if requested. 5037449-1 CERTIFICATION OF S&RVICE I hereby certify that on this 29th day of November, 2011 I served a true and correct copy of the foregoing Notice of Intent by first-class mail, postage prepaid, upon counsel of record and addressed as follows: Edward R. Kennett, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street Lancaster, PA 17608 Counsel for Plaintiffs RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker 5044468-1 CERTIFICATION OF SERVICE hereby certify that on this day of December, 2011, I served a true and correct copy of the foregoing Certificate by first-class mail, postalge prepaid, upon counsel of record and addressed as follows: Edward R. Kennett, Es4u1re ATLEE, HALL & BROOKHART, LLP 8 North Queen Street Lancaster, PA 17608 Counsel for Plaintiffs RAWLE & HENDERSON u.r )aj By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker 5079210-1 f RAWLE & HENDERSON LLP FILED-OFFICE OF THE PROTHONOTARY By: Fred B. Buck Identification No.: 31642 2911 DEC 27 PM 12: 42 By: David R. Chludzinski Identification No.: 200702 CUMBERLAND COUNTY Payne Shoemaker Building PENNSYLVANIA 240 N. Third Street, 9 h Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 234-7700 Alan M. Tucker RICHARD D. LARRICK AND ANN M LARRICK, Husband and Wife, Plaintiffs,: VS. ALAN M. TUCKER, Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 11-3218 CIVIL : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO j SERVE SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the defendant, Alan M. Tucker certifies that: 1. the notice of intent to serve the subpoena (directed to Dr. Timothy P. Tymon) with a copy of the subpoena attached thereto was served on counsel for plaintiff on November 29, 2011 at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. counsel for defendant has not received' notice of objections to the subpoena; 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. 5079210-1 RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker Dated: Z /2-b << 5079210-1 RAWLE & HENDERSON LLP By: Fred B. Buck Identification No.: 31642 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9th Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 234-7700 Alan M. Tucker RICHARD D. LARRICK AND ANN M LARRICK, Husband and Wife, Plaintiffs,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW VS. ALAN M. TUCKER, Defendant. NO. 11-3218 CIVIL JURY TRIAL DEMANDED AND NOW comes defendant, Alan M. Tucker, by his attorneys, Rawle & Henderson LLP, and files the within Notice of Intent to Serve Subpoena to Produce Documents for Discovery Pursuant to Rule PA. R.C.P. 4009.21. The defendant intends to serve the subpoena identical to the one that is attached to this Notice directed to: Timothy P. Tymon, M.D. , Lancaster Orthopedic Group, 231 Granite Run Drive, Lancaster, PA 17601 5044428-1 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. RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker Dated: 11/29/2011 5044428-1 _ I Tff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD LARRICK ET UX. Plaintiff VS. File No. 11-3218 ALAN M. TUCKER Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: TIMOTHY P. TYMON & LANCASTER ORTHOPEDIC GROUP, LANCASTER, PA 17601 (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: DOCUMENTS RELATING TO RICHARD LARRICK, AND MORE PARTICULARLY DESCRIBED in "SCHEDULE A'' APPENDED' HERETO. at RAWLE & HENDERSON, LLP, 240 N. Third St., 9th F1., Harrisburg. PA 17101 (Address) You may deliver or mail legible copies of the docujments 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: DAVID R. CHLUDZINSKI, ESQ. ADDRESS: 240 N. Third St., th Fl. Harrisburg, PA 17101 TELEPHONE: 717-234-7700 SUPREME COURT ID # 200702 ATTORNEY FOR: DEFENDANT Date: /,` //// Se dl of the Court BY THE COURT: i,vdd 1 44 Prothonotary, Civil Division D eputy "SCHEDULE A" Subpoena for records directed to: Ti oth T mon M.D. & Lancaster Orthopedic rou Any and all documents relating to your examination, evaluation and treatment of RICHARD LARRICK (DOB: 02/22/1944) FROM MAY 1, 2011 TO PRESENT including, but not limited to: patient questionnaires, in-take forms, daily charts, summary charts, narrative reports or summaries, surgical or procedure reports, graphics or data, medication. logs, correspondence, memoranda, or notes, whether in written or electronic format. This subpoena encompasses imaging studies (film or digital/disk), if requested. This subpoena encompasses billing and insurance information, if requested. 5037449-1 CERTIFICATION OF STRVICE hereby certify that on thisS day of December, 2011, I served a true and correct copy of the foregoing Certificate by first-class mail, postage prepaid, upon counsel of record and addressed as follows: Edward R. Kennett, Esquire ATLEE, HALL & BROOKI4ART, LLP 8 North Queen Street Lancaster, PA 17608 Counsel for Plaintiffs RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker 5079210-1 !n RAWLE & HENDERSON LLP By: Fred B. Buck Identification No.: 31642 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9 h Floor Harrisburg, Pennsylvania 17101 RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs,: VS. ALAN M. TUCKER, Defendant. FILE-D-OFFICE OF THE PROTHONOTARY ZOI I DEC 21 PM 12: G 2 CUMBERLAND COUNTY for Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 11-3218 CIVIL JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TOE SERVE SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the defendant, Alan M. Tucker certifies that: 1. the notice of intent to serve the subpoena (directed to Dr. Charles Mershon) with a copy of the subpoena attached thereto was served on counsel for plaintiff on November 29, 2011 at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. counsel for defendant has not received notice of objections to the subpoena; 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. 5079210-1 Dated: ' 2 Z `lot RAW',LE & HENDERSON LLP By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker 5079210-1 Iq RAWLE & HENDERSON LLP By: Fred B. Buck Identification No.: 31642 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9 h Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 RICHARD D. LARRICK AND ANN M. LARRICK, Husband and Wife, Plaintiffs,: VS. ALAN M. TUCKER, Defendant. for Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 11-3218 CIVIL : JURY TRIAL DEMANDED AND NOW comes defendant, Alan M. Tucker, by his attorneys, Rawle & Henderson LLP, and files the within Notice of Intent to Serve Subpoena to Produce Documents for Discovery Pursuant to Rule PA. R.C.P. 4009.21. The defendant intends to serve the subpoena identical to the one that is attached to this Notice directed to: Charles Mershon, M.D. , Cornerstone Family Health Associates, 6 W. Newport Road, Lititz, PA 17543. 5028205-1 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. RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker Dated: 11/29/2011 5028205-1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBEI.LAND RICHARD T.ARRTCK_ FT TTX Plaintiff File No. 11-3218 CIVIL VS. ALAN M. TUCKER Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT ITO RULE 4009.22 TO: CHARLES MERSHON, M.D. & CORNERSTONE YAMILY HEATH ASSOCIATES, LITITZ, PA (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: DOCUMENTS RELATING TO RICHARD LARRTCK, AND MORE SPECIFICALLY DESCRIBED IN "SCHEDULE A" APPENDED HERETO. at RAWLE & HENDERSON LLP, 240 N. Third St., 9th Fl, Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the prarty 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: DAVID R. CHL.LTDZTNSKT, FSQ, ADDRESS: 240 N. Third St. Harrisburg, PA 17101 TELEPHONE: 717-234-7700 SUPREMECOURT ID # ZUU/UZ ATTORNEY FOR: DEFENDANT Date: ///,? //// S 1 of the Court BY THE COURT: Prothonotary, Civil Division V- I Deputy "SCHEDULE A" Subpoena for records directed to: Charles Mershon, M.D. & Cornerstone Family Health, Associates Any and all documents relating to your examination, !valuation and treatment of RICHARD LARRICK (DOB: 02/22/1944) as follows; FROM MAY 1, 2011 TO PRESENT including, but not limited to: patient questionnaires, in-take forms, daily charts, summary charts, narrative reports or summaries, surgical or procedure reports, graphics or data, medication logs, correspondence, memoranda, or notes, whether in written or electronic format. ANY AND ALL MEDICAL RECORDS in your posslession received from Nancy Mizerak, M.D. pertaining to her examination, evaluation and treatment of Richard Larrick, and pre-dating January 2000. This subpoena encompasses imaging studies (film or digital/disk), if requested. This subpoena encompasses billing and insurance information, if requested. 5037449-1 rn CERTIFICATION OF SERVICE I hereby certify that on this 29'h day of November, 2011, I served a true and correct copy of the foregoing Notice of Intent by first-class mail, postage prepaid, upon counsel of record and addressed as follows: Edward R. Kennett, Esquire ATLEE, HALL & BROOKI:ART, LLP 8 North Queen Street Lancaster, PA 17608 Counsel for Plaintiffs RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan M. Tucker 5028205-1 CERTIFICATION OF SgRVICE I hereby certify that on this day of December, 2011, I served a true and correct copy of the foregoing Certificate by first-class mail, postage prepaid, upon counsel of record and addressed as follows: Edward R. Kennett, Esquire ATLEE, HALL & BROOKH,ART, LLP 8 North Queen Stre t Lancaster, PA 176(8 Counsel for Plainti s RAWLE & HENDERSON LLP )aj By: Fred B. Buck, Esquire David R. Chludzinski, Esquire Attorneys for Defendant, Alan A Tucker 5079210-1 FILED-OFFICE Edward R. Kennett, Esquire OF 1 NE ATLEE, HALL & BROOKHART, Ll fia JAH p P ?' Z 1 8 North Queen Street ?pUNTY Lancaster, PA 17608 CU PE NSY? YAN1A 717-393-9596 Court I.D. No. 69072 Attorney for Plaintiffs RICHARD D. LARRICK AND ANN M. LARRICK, HUSBAND AND WIFE Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. ALAN M. TUCKER Defendant(s) No. 11-3218 JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO DAVID D. BUELL, PROTHONOTARY: Pursuant to Pennsylvania Rule of Civil Procedure 229, please mark the docket in the above-captioned matter settled and discontinued with prejudice. Dated: January I , 2012 A torneys for Plaintiff Edward R. Kennett, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street Lancaster, PA 17608-0449 (717) 393-9596 I. D. No. 69072 CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons by placing a copy of the said document in the United States mail, first class mail, directed to their office addresses as follows: David R. Chludzinski, Esquire Rawle & Henderson 240 N. Third Street Payne Shoemaker Building 9th Floor Harrisburg, PA 17101 Dated: January 9, 2012 ATLEE, HALL &JUWOKHART, LLP By: Edward R. Kennett, Esquire Attorney for Plaintiffs 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No.69072