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HomeMy WebLinkAbout13-4802 Supreme Co tt-bf Pennsylvania Cour ;:of-Commo `Pleas For Prothonotary Use Only: CiV,il;Cbver;SHeet Docket No: CUMBERLAND ��'I County The information collected on this form is used solely court administration purposes. This form does not supplement or replace the and service ofpleadings or other papers as required by law or rules ofcourt. Commencement of Action: S M Complaint El Writ of Summons Petition E 0 Transfer from Another Jurisdiction (M] Declaration of Taking ' C Lead Plaintiff s Name: Lead Defendant's Name: T ROBERT HOY, JR. ET. AL. IRENE CEKOVICH Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? D Yes l No O (check one) [E outside arbitration limits N Is this a Class Action Suit? Yes ED No Is this an MDJAppeal? El Yes 17x No A Name of Plaintiff /Appellant's Attorney: MICHAEL E. KOSIK, ESQUIRE El Clieck here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional C Buyer Plaintiff Administrative Agencies El Malicious Prosecution ❑ Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle E Debt Collection: Other f ' Board of Elections Nuisance EJ Dept. of Transportation M� Premises Liability El Statutory Appeal: Other S l] Product Liability (does not include E mass tort) � Employment Dispute: El Slander /Libel/ Defamation Discrimination C El Other: [ 3 Employment Dispute: Other El Zoning Board T• Other: I ❑ Other: O MASS TORT L_ Asbestos N E] Tobacco E] Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment (] Common Law /Statutory Arbitration B E] Other: 0 Eminent Domain /Condemnation Declaratory Judgment El Ground Rent 0 Mandamus El Landlord /Tenant Dispute E] Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial Quo Warranto 0 Dental E] Partition 0 Replevin 0 Legal E3 Quiet Title ll Other: 0 Medical E] Other: [_] Other Professional: Updated 1/1/2011 0,- .1 !'w. i�5 Lj E HUN0 ItA 1 210 E P I'I� (,t.ie llOERLAND C0UNTY PENNSYLVANIA ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110 -11708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff(s) E -mail: mkosik @angino - rovner.com ROBERT HOY, JR. and IN THE-COURT OF COMMON PLEAS TRACY HOY, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION — LAW V. NO. j 3_ %yo a Cidi IRENE CEKOVICH, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after. this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in 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 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. C ,Ind /*d 0v 529560 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes pdginas, debe tomar accion dentro de los proximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de diner6 reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante ipuede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 529560 ANGINO & ROVNER,.P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110 -008 (717)238 -6791, FAX (717) 238 -5610 Attorneys for Plaintiff(s): E -mail: mkosik @angino= rovner.com ROBERT HOY, JR. and IN THE COURT OF COMMON PLEAS TRACY HOY, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION — LAW V. NO. IRENE CEKOVICH, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Robert Hoy, Jr., and Tracy Hoy are husband and wife, adult individuals and citizens of the Commonwealth of Pennsylvania who reside at 709 Robert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Irene Cekovich is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 222 Orchard Road, New Cumberland, York County, Pennsylvania 17070. 3. The facts and occurrences hereinafter related took place on September 10, 2011, in the main travel lane between the Home Depot parking lot and the Dicks' Sporting Goods' parking lot located at 5900 Carlisle Pike in Hampden Township, Cumberland County, Pennsylvania. i 4. At that time and place, Plaintiff Robert Hoy Jr., was the front seat passenger of a 1997 Buick Lesabre driven by Frank M. Hoy who was driving westbound in the main travel lane. 529560 { 5. At that time and place, Defendant Irene 'Cekovich was driving a 2007 Suzuki Grand Vitara southbound in front of Dick's Sporting Goods when she failed to yield at a clearly placed stop sign. 6. At that time and place, Defendant Irene Cekovich failed to yield at a stop sign beside Dick's Sporting Goods Store and pulled out directly into the passenger side of Plaintiffs' vehicle causing a violent collision. 7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Robert Hoy, Jr., and Tracy Hoy are the direct and proximate result of the negligent, careless, and manner in which Defendant Irene Cekovich operated her vehicle as follows: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) failure to yield the right -of -way to the Hoy vehicle which was properly approaching on the roadway and in violation of 75 Pa. C.S.A. §3324; (c) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (d) failure to have proper and adequate control over her vehicle; (e) failure to remain in a stopped position off the. roadway and entering the intersection in the path of the Hoy'vehicle; when it was so close as to constitute a hazard in violation of 75 Pa.C.S.A. §3333; and (f) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless mariner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I ROBERT HOY, JR. V. IRENE CEKOVICH 8. Paragraphs 1 through 7 are incorporated herein by reference. 529560 i 9. As a direct and proximate result of the aforementioned accident, Plaintiff Robert Hoy, Jr., was propelled into the passenger door and window resulting in him sustaining painful and severe injuries which include but are not limited to an injury to his neck and cervical spine 10. By reason of the aforesaid injuries sustained by Plaintiff Robert Hoy, Jr., he was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore himself to health and claim is made therefor. 11. Because of the nature of his injuries, Plaintiff Robert Hoy, Jr., has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 12. As a result of the aforementioned injuries, Plaintiff Robert Hoy, Jr., has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 13. As a result of the aforesaid injuries, Plaintiff Robert Hoy, Jr., has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 14. Plaintiff Robert Hoy, Jr., continues to be plagued by persistent pain and limitation and, his injuries are of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. WHEREFORE, Plaintiffs Robert Hoy, Jr., and Tracy Hoy demand judgment against Defendant Irene Cekovich in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 529560 CLAIM II TRACY HOY V. IRENE CEKOVICH 15. Paragraphs 1 through 14 are incorporated herein by reference. 16. As a result of the aforementioned injuries sustained by her husband, Plaintiff Robert Hoy, Jr., Plaintiff Tracy Hoy has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Robert Hoy, Jr., and Tracy Hoy demand judgment against Defendant. Irene Cekovich in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. A IN OV R, P.C. Michael E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 Attorney for Plaintiffs 529560 VERIFICATION 1, ROBERT HOY, JR., do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. did W - -. ROBERT HOY, Dated: 203648 SHERIFF'S OFFICE OF CUMBERLAND COUNTY -J Ronny R Anderson )"'IL EL -O ff'ICE Sheriff OF 'I"HE PRO THONO 1-:1,04 Jody S Smith Chief Deputy Z013 SEA' -6 AM 11, 17 Richard W Stewart CUMBERLA14D COUNTY- Solicitor OFfICEE OF THE PENNSYLVANIA Robert E Hoy, Jr Case Number vs. Irene C Cekovich 2013-4802 SHERIFF'S RETURN OF SERVICE 08/13/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Irene C Cekovich, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 08/2012013 10:23 AM-The requested Complaint&Notice served by the Sheriff of York County upon Elizabeth Miceli, Roommate,who accepted for Irene C Cekovich, at 222 Orchard Road, New Cumberland, PA 17070. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, September 04, 2013 RbNNW R ANDERSON, SHERIFF (c)Coun(ySuite Sheriff,Toleosoft Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J.MANGAN,ESQ. Sheriff Solicitor Administration Reuben B Zeager Richard E Rice, 11 Chief Deputy, Operations Chief Deputy, ROBERT HOY, JR. (et al.) Case Number vs. 13-4802 CIVIL IRENE C. CEKOVICH SHERIFF'S RETURN OF SERVICE 08/20/2013 10:23 AM-DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT&NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE ELIZABETH MICELI, ROOM MATE, WHO ACCEPTED AS"ADULT PERSON IN CHARGE"FOR IRENE C. CEKOVICH AT 222 ORCHARD ROAD, NEW CUMBERLAND, PA 17070. ?15R—EY STRINE, DEPUTY SHERIFF COST $45.60 S 8 W RS, ,C RD P RLE.ER August 29,2013 IC RD P KELTERLEBER, SHERIFF COMMONWEAO OE R§NNMV_ANIA Notadal Ural Sheila E.Cook,Notary Public City of York,"York County My Commission Expires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIA1 ION OF NOTARIES j -------------------------------- --------------------- ------- -------------------- ------- ---------- ------- -------—------ NOTARY Affirmed and subscribed to before me this 29TH day of AUGUST 2013 (c)CountySuite Sheriff,Teleosoft,Inc. 1" THE PROTHONOTAR"( ORIGINAL 2013 SEP I I PM 1: 31 GU PENNSY T � LVAN A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT HOY, JR. and TRACY HOY, Plaintiffs NO. 13-4802 V. IRENE CEKOVICH. JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of Eager, Stengel, Quinn & Sofilka as attorney of record on behalf of the Defendant in the above captioned action. EAGER, STENGEL, QUINN & SOFILKA DATE: c) .3 BY: ✓ George H. Eag quire Attorney for f dant I.D. No. 27 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 v CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 EAGER, STENGEL, QUINN & SOFILKA DATE: C D I-� BY: George 449. Eager s uire Attorney for De nt I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 a 'rt o I, � t3 rq r . SCP 17 P PENt's yL AN,) Oljt'T Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT HOY, JR. and TRACY HOY, Plaintiffs NO. 13-4802 V. IRENE CEKOVICH. JURY TRIAL DEMANDED Defendant ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 2. Admitted. 3-4. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). 5. It is admitted that Defendant was operating a 2007 Suzuki Grand Vitara on the date and time listed in the Complaint. The remaining allegations of this paragraph are denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). 6-7. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). CLAIM I ROBERT HOY, JR. v. IRENE CEKOVICH 8. Paragraphs 1 through 7 of Defendant's Answer are incorporated herein by reference as though fully set forth. 9-14. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. CLAIM II TRACY HOY v. IRENE CEKOVICH 15. Paragraphs 1 through 14 of Defendant's Answer are incorporated herein by reference as though fully set forth. 16. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER 17. Paragraphs 1 through 16 inclusive above are incorporated herein by reference and made a part hereof. 18. Plaintiffs' recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby assert all of the rights and defenses available to her under the aforementioned act. 19. Plaintiffs' claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 20. Plaintiffs' claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 21. Plaintiffs' claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 22. Plaintiffs' claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and (j) payment. WHEREFORE, Answering Defendant respectfully demand judgment in her favor and against all other parties together with the costs of this action. EAGER, STENGEL, QUINN & SOFILKA DATE: nq hip 1)3 BY: George H. Eager, Eye uire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, IRENE CEKOVICH, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answer with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. IRENE CEKOVICH Dated: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 EAGER, STENGEL, QUINN & SOFILKA DATE: I 0/3 BY: George H. Eager, Esqp Attorney for Defenda6t I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CJ, TI_E_ RR O T H O N-6-A I' '( 2013 SEP 17 PM 1 2 4 CUMBERLAND COUNTY PENNSYLVANIA KTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT HOY, JR. and TRACY HOY, Plaintiffs : NO. 13-4802 V. IRENE CEKOVICH. JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 EAGER, STENGEL, QUINN & SOFILKA DATE: BY: George H. Ea6er, squire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 0MIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT HOY, JR. and TRACY HOY, -> Plaintiffs �a NO. 13-4802 ZZ CO Wr- IRENE CEKOVICH. JURY TRIAL DEMANDED -<> .r } C.) Defendant b v ? CERTIFICATE OF SERVICE 3>;x F I HEREBY CERTIFY that I have this day served an original of Interrogatories-0 Defendant Addressed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 EAGER, STENGEL, QUINN & SOFILKA DATE: 0 9JI60 BY: / George H. Eager, Es ire Attorney for Defen nt I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT HOY, JR. and TRACY HOY, Plaintiffs NO. 13-4802 c a , c V. -0a cz� IRENE CEKOVICH. JURY TRIAL DEMANDED Defendant CD c-� CERTIFICATE OF SERVICE <C:) C:3 I HEREBY CERTIFY that I have this day served an original of Defendant's LT34iof ��'$ Consortium Interrogatories Addressed to Plaintiffs upon the person set forth below and in tNie manner indicated: First class mail, postage pre-paid: Michael Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 EAGER, SPINELLO, QUINN & STENGEL DATE: Oqhb BY: George H. Eager, Esquire Attorney for Defend"At I.D. No. 27740 f/ 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ' fE iE PRQ THOt4o TAR Y 2013 SEP 19 PM 1: 4 3 CUMBERLAfiD COUNTY PENNsYLVAiflA ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com ROBERT HOY, JR. and IN THE COURT OF COMMON PLEAS TRACY HOY, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW V. NO. 2013-04802 IRENE CEKOVICH, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER And now.comes, Plaintiffs Robert Hoy, Jr. and Tracy Hoy and replies to Defendant's New Matter as follows: .17. Pennsylvania Rule of Civil Procedure 1030 provides that a party may set forth as new matter any other material facts which are not merely denials of the averments of the preceding pleading. A review of Defendant's Answer to Plaintiffs' Complaint discloses that I it contains either admissions or denials to the corresponding paragraphs of Plaintiffs' Complaint but contains no new averments of fact. Therefore, Defendant's incorporation of her Answer as New Matter is improper and no further response is required on the part of Plaintiffs. 535511 18. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be.deemed proper, it is specifically denied that Plaintiffs' claim is barred and/or limited by the provisions of the -Pennsylvania Motor Vehicle Financial Responsibility Law. 75 Pa.C.S.A. §1701, et. sec.. 19. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is hereby specifically denied that Plaintiffs' cause of action is barred by the applicable statute of limitations. To the contrary, Plaintiff s cause of action arose as a result of a motor vehicle accident on September 10, 2011 as stated in Plaintiffs' Complaint. Plaintiffs Complaint was filed and served on the Defendant before the two-year anniversary of the accident and therefore was timely under the two-year statute of limitations contained in 42 Pa.C.S.A. §5524 and the rules applicable to service. 20. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be proper, Plaintiff Robert Hoy sustained a serious injury in the motor vehicle accident and has and continues to suffer functional effects of the injury on his daily activities. 21. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiffs' are seeking to recover special damages which are precluded under §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law. To the contrary, Plaintiffs maintain that all of the damages which they seek in their Complaint are appropriate and recoverable against the Defendant. 535511 22. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that the affirmative defenses of waiver, estoppel, statutes of limitations, latches, illegality, release, impossibility of performance, fraud, assumption of risk, and payment are applicable to Plaintiffs claim. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in their favor against the Defendant. AN O , P.C. Michael E. Kosik PA I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik @angino-rovner.com Attorney for Plaintiff 535511 COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF DAUPHIN AFFIDAVIT 1, MICHAEL E. KOSIK, ESQUIRE, being duly sworn according to law, deposes and states that I am counsel for Plaintiffs, that I am authorized to make this Affidavit on behalf of said Plaintiffs, and the facts set forth in the foregoing Reply to New Matt are true and correct to the best of my knowledge, information, and belief. Michael E. Kosik Sworn to and subscribed before me this I day ofs p/L,2013. Notary Publi My Commission Expires: 6/ Z-//7 COMMONWEALTH PENNSYLVANIA No�rial Seal Gwen Baughrnan, Notary Public SuZud ma Twp., Dauphin I y C:xraft'on E)ire3 June 122,2 M[NOfly�E4NSYLYANU ASSOQATION Of NOTARIES . i 535511 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: George H. Eager, Esquire Eager, Spinello,Quinn& Stengel 1347 Fruitville Pike Lancaster, PA 17601 (717)290-7971 Attorney for Defendant Michelle M. Milojevich Dated: 535511 OF HE PPO t HONG t, R`1 2G13 OCT -2 II: 33 CUMBERLAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Michael E. Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com ROBERT HOY, JR. and IN THE COURT OF COMMON PLEAS TRACY HOY, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW v. NO. 2013-04802 IRENE CEKOVICH, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made,the bpoena may be served. A ER,P.C. Michael . Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 536564 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT HOY, JR. and • TRACY HOY,his wife Plaintiff/s : versus : No. 2013-04802 IRENE CEKOVICH Defendant/s : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Total Vision Care 3401 Hartzdale Drive Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: all medical/vision records from 9/10/2009 to the present for Irene C. Cekovich, social security number 185-38-9155 at Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110. 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 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: Michael E. Kosik, Esquire Address: 4503 North Front Street Harrisburg, PA 17110 Telephone: (717) 238-6791 Supreme Court ID #: 36513 Attorney for: Plaintiffs BY THE COURT: Date: Prothonotary/Clerk, Civil Division Seal of the Court Deputy 536568 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of NOTICE OF INTENT upon all counsel of record via postage prepaid first class United States mail addressed as follows: George H. Eager,Esquire Eager, Spinello, Quinn& Stengel 1347 Fruitville Pike Lancaster, PA 17601 (717)290-7971 Attorney for Defendant /12S-4111 221 Michelle M. Milojevich Dated: i D / � ' a it 536564 i i 7.M3 OCT 11 Mil II' 30 C1JM S Y E 0m AT PENN ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com ROBERT HOY, JR. and IN THE COURT OF COMMON PLEAS TRACY HOY, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW v. NO. 2013-04802 IRENE CEKOVICH, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve a subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party; (2) a copy of the notice of intent, including the proposed subpoena is attached to this certificate, (3) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve a subpoena. Dated: 10/10/13 ,11"/IIP Michael E. Kosik, Esquire Attorney for Plaintiff 536564 • ': :L nOTHONO T`\ . 23i3 OCT -2 AN I I: 33 • . CUMBERLAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID#: 36513 . 4503 North Front Street Harrisburg,PA 17110-1708 • (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com • ROBERT HOY, JR. and IN THE COURT OF COMMON PLEAS TRACY HOY, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW v. NO. 2013-04802 IRENE CEKOVICH, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO • RULE 4009.21 • Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made,the bpoena may be served. 4/01 ;A � R,P.C. Michael . Kosik,Esquire I.D.No. 36513 4503 N.Front Street Harrisburg,PA 17110 (717)238-6791 ` • Counsel for Plaintiff • 536564 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT HOY, JR. and TRACY HOY, his wife Plaintiff/s : versus : No. 2013-04802 IRENE CEKOVICH Defendant/s : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Total Vision Care 3401 Hartzdale Drive Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: all medical/vision records from 9/10/2009 to the present for Irene C. Cekovich, social security number 185-38-9155 at Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110. 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 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: Michael E. Kosik, Esquire • Address: 4503 North Front Street Harrisburg, PA 17110 Telephone: (717) 238-6791 Supreme Court ID #: 36513 • Attorney for: Plaintiffs BY THE COURT: Date: Prothonotary/Clerk, Civil Division Seal of the Court Deputy 536568 • CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do • hereby certify that I am this day serving a true and correct copy of NOTICE OF INTENT upon all counsel of record via postage prepaid first class United States mail addressed as follows: George H. Eager, Esquire Eager, Spinello, Quinn& Stengel 1347 Fruitville Pike Lancaster, PA 17601 (717)290-7971 Attorney for Defendant Michelle M.Milojevich Dated: / id Q1 536564 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA upon all counsel of record via postage prepaid first class United States mail addressed as follows: George H. Eager, Esquire Eager, Spinello, Quinn& Stengel 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Attorney for Defendant in62.iiidat 721 Ape .2./z._ Michelle M. Milojevich Dated: D l its 536564 Cr "L IsO .iau 7r :s . ORIGINAL 2L OCT 1 S i J: if 3 CUMBERLAND f''(? CD IHTY PENNSYLVANIA 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • ROBERT HOY, JR. and TRACY HOY, Plaintiffs NO. 13-4802 v. • IRENE CEKOVICH. JURY TRIAL DEMANDED • Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: i011^1 113 Geor•- . Eager, - quire Attorney for Defe (ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Robert Hoy,3r. and Tracy Hoy, his wife Court of Common Pleas vs. Irene Cekovich 2013-04802 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Hershey Medical Center Medical Holy Spirit Hospital Radiology Holy Spirit Hospital Medical Shepherdstown Family Practice Al available Walters Chiropractic Al available Pinnacle Health - Harrisburg Al available Shah Neurology& Epilepsy Al available Otolaryngology Physicians of Lancaster Al available Patient First - Mechanicsburg Al available HealthSouth Century Drive Al available Hershey Medical Center Radiology TO: Michael Kosik, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 10/3/2013 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn &Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR ROBERT HOY, ]R. AND TRACY HOY, HIS WIFE VS. IRENE CEKOVICH County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Kosik, Esquire, 4503 North Front Street Harrisburg PA 17110 P: 717-238-6791 F: Opposing Michael 717-238-5610 Counsel C01i\ ONW EALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife File No. 2013-04802 VS. Irene Cekovich • • • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To. HealthSouth Century Drive (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following docururvts or things: See attached rider for instructions. • at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 m ay'seek a court order compelling you to comply with it IBIS SUBPOENA WAS ISSUED AT TEE REQUEST OF TES FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 2774° ATTORNEY FOR: Defense Y THE COURT: a 3 , Prothono r ,C'. !I ivisiorr is • � u • a kJ. Seal o the Court Deputy • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: HealthSouth Century Drive 175 Lancaster Boulevard Mechanicsburg PA 17055 Attention: Records Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife • File No. 2013-04802 VS. Irene Cekovich • • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Hershey Medical Center - Medical Records (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: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail Iegible copies of the docnrmmIts or produce things requested by this subpoena, together with the certificate of complimu-e, 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 compell;ng you to comply with it - THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: • • I`he4IVlE: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 • TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR: Defense BY THE COURT: • NtrITtag 11„ Prothono r ,Ci Division Date: 91 10113 • Seal of the Court A1 • % _ •a u , • beputy • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Hershey Medical Center 500 University Drive Health Information Services, HU24 Hershey PA 17033 Attention: Medical Records Correspondence Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please remit: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records. 1/1/2002-Present COMAT.ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife • File No. 2013-04802 VS. Irene Cekovich • • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center - Radiology (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: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 cadet compelling you to comply with it MIS SUBPOENA WAS ISSUED AT'T.EL REQUEST OF 1.".bl ty.FOLLOWING PERSON: • • NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 • TELEPHONE: 717-290-7971 SUPREME COURT ID# 2774o AITORNEYFOR: Defense BY TEE COURT: • 91 )1(3 ; Prothono r , r ivisiort . Date: M:,1 s. . %' ... s . ,..* Seal of the Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Hershey Medical Center 500 University Drive Health Information Services, HU24 Hershey PA 17033 Attention: Radiology Films Library Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please remit: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records. 1/1/2002-Present • CON1 ONWEALTH OF PENNSYLVANIA COUNTY OF CUTABERLAND Robert Hoy, Jr. and Tracy Hoy, his wife 2013-04802 : File No. VS. Irene Cekovich • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Holy Spirit Hospital - Radiology TO: (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: See attached rider for instructions. Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 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: George H. Eager, Esquire ADDRESS: 1.34/ r ruitvi11e rike Lancaster, ea, 17601 TELEPHONE: SUPREME COURT ID# ' ATTORm.FOR: Defense BY THE CO T: tL /� 3p Prothono' • Division � /3 • Date: : at la • �.%, Jai 1 I.►J� Seal of the Court Deputy • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Radiology Films Library Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please remit: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records. 1/1/2002 to present COMMONWEALTH OF PENNSYLVANIA COUNTY OF CItTMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife 2013-04802 • : File No. VS. Irene Cekovich • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital - Medical Records (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 Mines: See attached rider for instructions. • Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 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 mayseek a court order compelling you to comply with it ITIIS SUBPO$NA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: • NAME: George H. Eager, Esquire ADDRESS. 1347 Fruitville Pike Lancaster, PA, I/but TELEPHONE: 717-290-7971 SUPREME COURT ID# 7 In ATTORNEYFOR: Defense BY THE COURT: • ,t 116 / ? 0 ' •thonotary, ivision Date: ,g0 Sri s.. 1'i ICI Seal of c Co Deputy • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Medical Records Correspondence Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please remit:(1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records. 1/1/2002 to present COMNiOId'>sTEALTE OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife • 2013-04802 File No. VS. • Irene Cekovich SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009/2 TO: Otolaryngology Physicians of Lancaster (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: See attached rider for instructions. Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 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 compell;ng you to comply with it • THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: • NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, r/6U1 TELEPHONE: 717-290-7971 SUPREME COURT ID# X714 ATTORNEY FOR: Defense Y THE COURT: • 9 Prothono r '` Division Date: 3b ► ., . 1, Att_b_•_,,.. Seal of the opt Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Otolaryngology Physicians of Lancaster 810 Plaza Blvd. Lancaster PA 17602 Attention: Records Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists • CO1Nfivi.ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife File No. 2013-04802 •VS. Irene Cekovich • • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Patient First - Mechanicsburg (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: See attached rider for instructions. Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the docnrnrnts 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 nerving this subpoena may seek a court order compelling you to comply with it - TFII<S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON_ NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 2774° ATTORNEY FOR Defense BY THE CO • . ' I Prothouo•. Division Oats: �� !► : u 1► ' Seal o the 'urt Deputy • • • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Patient First - Mechanicsburg 107 South Sporting Hill Mechanicsburg PA 17050 Attention: Records Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists C0114220N` EALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife • File No. 2013-04802 vs. Irene Cekovich • • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO, Pinnacle Health - Harrisburg (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following doe-nil-Inds or things: See attached rider for instructions. Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 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 TEE REQUEST OF TES FOLLOWING PERSON: • NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 1/601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEYFOR: Defense Y THE COURT: . 1_. � . nn / Prothono r Division Date: �31J 3 a:1t ' ti VA ,aa I ♦ ,ia Seal of the Id a eputy • • • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Pinnacle Health - Harrisburg P.O. Box 8700 Harrisburg PA 17105 Attention: Records Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please remit:(1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records. 1/1/2002-Present COMSiONWEALTPI OF PENNSYLVANIA. COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife 2013-04802 File No. VS. • Irene Cekovich • • SUBPOENA TO PRODUCE DOCUMENTS OR.THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shah Neurology & Epilepsy (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: See attached rider for instructions. Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 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 ordef compelling you to comply with it THIS SUBPOENA WAS ISSUED AT TEE REQUEST OF THE FOLLOWING PERSON: • • NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, I/bUi TEIJEIIIMM 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR: Defense Y THE COURT: Pmthono ,C' ivisiott Date: 9 1.& /3 Seal of the Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Shah Neurology & Epilepsy 1700 Bent Creek Boulevard Suite 150 Mechanicsburg PA 17050 Attention: Records Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists COlV1i2O1aWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife 2013-04802 File No. VS. Irene Cekovich • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shepherdstown Family Practice (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to prorinre the following documents or things: See attached rider for instructions. • Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 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 shove. 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 TEE REQUEST OF THE FOLLOWING PERSON: • • NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 1/but TELEPHONE: 717-290-7971 SUPREME COURT ID# 27 r e u ATTORNEY FOR: Defense BY TEE COURTi 7BAELI_ • Prothono C. a ivisiou Date: ` 3 1. Se= of Court aeputy • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Shepherdstown Family Practice 2140 Fisher Road Mechanicsburg PA 17055 Attention: Records Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists COMPIONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife File No. 2013-04802 VS. • Irene Cekovich • • • • • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Walters Chiropractic (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: See attached rider for instructions. • Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 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 proditring 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 subpoenamay'seek a court ozdet compell+'ng you to comply with it THIS SUBPOENA WAS ISSUED AT TELE REQUEST OF THE FOLLOWING PERSON: • • 1dAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, I/but TELEPHONE: 717-290-79/1 SUPREME COURT ID# 147 ATTORNEY FOR: Defense Y THE COURT: I • •thonotary, i a; isioa q,1201t3 Date: A •so Ari .., • • &A Seal of the Court ` 'eputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Walters Chiropractic 121 West King Street East Berlin PA 17316 Attention: Records Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 EAGER, STENGEL, QUINN & SOFILKA DATE: /6) 7)13 BY: �, George H. Eager, quire Attorney for Def dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 � P�ROTHON3 17:Y Zeta Nov —4 AM IT: 3 CtiMiERLAND COUNT? PENNSYLVANIA ANOINT()&ROVNER,P.C. Michael E. Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com ROBERT HOY, JR. and IN THE COURT OF COMMON PLEAS TRACY HOY, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW v. NO. 2013-04802 IRENE CEKOVICH, Defendant JURY TRIAL DEMANDED MOTION TO AMEND CAPTION AND DISMISS CLAIM AND NOW comes Plaintiffs, Robert Hoy, Jr. and Tracy Hoy, by and through their attorneys, Angino & Rovner, P.C., and moves this Honorable Court, as follows: 1. Plaintiffs Robert Hoy, Jr. and Tracy Hoy are husband and wife adult individuals and citizens of the Commonwealth of Pennsylvania, who reside 709 Roberts Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. On the August 13, 2013, Plaintiffs filed a Complaint against Defendant Irene Cekovich as a result of a motor vehicle accident on September 10, 2011. 538918 3. At the time of the accident Plaintiff Robert Hoy, Jr. was a front seat passenger in a 1997 Buick Lesabre driven by Frank M. Hoy. 4. As the statute of limitations was quickly approaching, Plaintiff Robert Hoy, Jr. had no choice but go ahead with instituting suit against the Defendant in order to preserve his claim. 5. In Plaintiffs Complaint, a claim was asserted for loss of consortium on behalf of Tracy Hoy. 6. In responding to discovery, including Interrogatories directed to Tracy Hoy, it was discovered that Robert Hoy, Jr. and Tracy Hoy were not married at the time of the accident but shortly thereafter, and therefore, there was no legal basis for the loss of consortium claim. 7. In order to correct this error, the parties have entered into a Stipulation by which it was agreed that Tracy Hoy would be dismissed as a party and Claim II of Plaintiff's Complaint would be stricken. See Stipulation of Counsel attached hereto as Exhibit A. 8. Based upon the Stipulation, it is agreed that paragraph 15 and 16 of Plaintiff's Complaint and Claim II of the Complaint captioned Tracy Hoy v. Irene Cekovich be dismissed. 9. It is further agreed based upon the Stipulation that the caption of the case be amended and that the caption hereinafter be styled as follows: ROBERT HOY, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION—LAW NO. 2013-04802 IRENE CEKOVICH, Defendant JURY TRIAL DEMANDED 10. Plaintiff is represented by Michael E. Kosik, Esquire of Angino & Rovner, 4503 N. Front Street, Harrisburg, PA 17110. 538918 11. Defendant is represented by George H. Eager, Esquire, Eager, Spinello, Quinn & Stengel, 1347 Fruitville Pike, Lancaster, PA 17601. 12. Plaintiff's counsel sought concurrence from Defendant's counsel by Stipulation attached as Exhibi A. 13. No other Judge has ruled upon any other issue in the same or related matter on this case. WHEREFORE, Plaintiffs request This Honorable Court enter an Order that Claim II, including paragraph 15 and 16 of Plaintiff's Complaint be dismissed and the caption be amended to dismiss Tracy Hoy as a party. AN P'I . P.C. Michael E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 538918 ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail: mkosik @angino-rovner.com ROBERT HOY, JR. and IN THE COURT OF COMMON PLEAS TRACY HOY, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW v. NO. 2013-04802 IRENE CEKOVICH, Defendant JURY TRIAL DEMANDED STIPULATION It is hereby stipulated by the undersigned counsel of record that Tracy Hoy will be dismissed as a party and Claim II of Plaintiffs' Complaint shall be stricken from Plaintiffs' Complaint. ANGI► • & ROVNER, P.C. Eager, Spinello, Quinn& Stengel Old 1 _ Dated: Xyz vi Dated:Ia 5113 ichael E. Kosik George H. Eager, Esquire PA I.D. No. 36513 PA ID No. 4503 N. Front Street 1347 Fruitville Pike Harrisburg, PA 17110 Lancaster, PA 17601 (717) 238-6791 (717) 290-7971 Attorney for Plaintiff Attorney for Defendant 537769 6( b.. at Pr CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of MOTION TO AMEND CAPTION AND DISMISS CLAIM upon all counsel of record via postage prepaid first class United States mail addressed as follows: George H. Eager, Esquire Eager, Spinello, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 17601 (717)290-7971 Attorney for Defendant Michelle M. Milojevich Dated: , D 3 1 1 538918 S EiPR TlHf ts' ! t' /tfl3 N0V -7 PH 1: 52 CUMBERLAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Michael E. Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik4angino-rovner.com ROBERT HOY, JR. and IN THE COURT OF COMMON PLEAS TRACY HOY, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW v. NO. 2013-04802 IRENE CEKOVICH, Defendant JURY TRIAL DEMANDED ORDER AND NOW, THIS L> 'r.. DAY OF 467-24e-m-0,4_, , 2013, upon consideration of Plaintiffs' Motion to Dismiss and Amend Caption, Claim II including paragraphs 15 and 16 of Plaintiff's Complaint shall be dismissed and the caption in this matter is hereby amended pursuant to the stipulation as follows: ROBERT HOY, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION—LAW NO. 2013-04802 IRENE CEKOVICH, Defendant JURY TRIAL DEMANDED 538918 The moving party shall promptly notify all interested parties of this Order and shall serve a copy of this Order upon them. BY THE COURT: pak Judge DISTRIBUTION: Michael E. Kosik, Esquire, 4503 N. Front Street, Harrisburg, PA 17110; (717) 238-6791; mkosik @angino-rovner.com; (fax 717 238-5610) orge H. Eager, Esquire, Eager, Spinello, Quinn& Stengel, 1347 Fruitville Pike, Lancaster, PA 17601, (717) 290-7971 CC>p 1.£45 P7-42415-4(_ 8/0 (ti 538918 .. , R00 I! O N 0i.ti 13 NOV 20 fh11: ; w '-;iM2: .F L AND�gCO�U�NT�' IN THE COURT OF COMMON PLEAS OF C�JMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT HOY, JR. and TRACY HOY, Plaintiffs • • NO. 13-4802 v. • IRENE CEKOVICH. • JURY TRIAL DEMANDED Defendant • CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 1))01 13 Georg H. E er, quire Attorney for Def dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Robert Hoy,Jr. and Tracy Hoy, his wife Court of Common Pleas vs. Irene Cekovich 2013-04802 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 • Provider: Record Type: Geodis Global Solutions Employment TO: Michael Kosik, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 10/15/2013 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn &Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Geodis Global Solutions 4660 Trindle Road #300 Camp Hill PA 17011 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of terminaton. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 EAGER, STENGEL, QUINN & SOFILKA DATE: ihqh.. BY: George H. Eager, . quire Attorney for De;' dant I.D. No. 277/ 1347 Fruit e Pike Lancaster, PA 17601 (717) 290-7971 201411f R 10 PM 1:50 CUH5E RLA ND COUNTY PEEN NS YLvAtd, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT HOY, JR. and TRACY HOY, Plaintiffs NO. 13 -4802 v. IRENE CEKOVICH, JURY TRIAL DEMANDED Defendant DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS 1 -3. Admitted. 4. Denied. I made a complete stop at the stop sign controlling the intersection marked at the circle on Exhibit A. 5. Denied. To the contrary, I looked left and right before pulling out. I specifically looked to the left prior to pulling out. 6. Admitted. 5(sic). Denied. The records speak for themselves. It would appear from the March 7, 2011 record that "distance is not clear — far distance. It also appears darker. Intermediate and near vision is fine." As for the records of 02/08/11, they are unintelligible and I am not sure what may have been said at that appointment. Those dates were appointments for trial fittings for contact lenses. We were trying various prescriptions, materials and lenses (i.e. mono - vision and bi -focal types) DATE: 03/07)/t/ BY: EAGER, STENGEL, QUINN & SOFILKA George H. Ea• Esquire Attorney for Pendant I.D. No. 277.0 1347 Fruitville Pike Lancaster, PA 17601 (717) 290 -7971 VERIFICATION I, Irene Cekovich, hereby verify that I am the Defendant in the foregoing action, and that the averments of the attached Defendant's Response to Plaintiff's Request for Admissions are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Defendant's Response to Plaintiff's Request for Admissions are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. siJ1+%a■—etti) IRENE CEKO Dated: 3 14 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing document upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Michael Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 DATE: O.?) BY: EAGER, STENGEL, QUINN & SOFILKA George . Eager, quire Attorney for De dant I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 SCHMIDT KRAMER PC BY: MICHAEL E KOSIK, ESQUIRE I.D. # : 36513 209 State Street Harrisburg, PA 17101 P (717) 232 -6300 F (717) 232 -6467 Attorneys for Plaintiff mkosik(Zl srklaw.corn a t) !_ t tt 1 t I LL FRO i HD; 01Af-.. . 21!I4 APR —3 PM 2: 12 CUMBERLAND COUNTY PENNSYLVANIA Robert Hoy, Jr. v. Irene Cekovich Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA • : No. 2013 -04802 • : CIVIL ACTION — LAW • • : JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL /ENTRY OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff as: Michael Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Please enter my appearance on behalf of the Plaintiff as: SCHMIDT KRAMER PC MICHAEL E KOSIK, ESQUIRE I.D. # : 36513 209 State Street Harrisburg, PA 17101 P (717) 232 -6300 F (717) 232 -6467 Attorneys for Plaintiff mkosik@srklaw. corn Respectfully Submitted, SCHMID KRAMER SCHMIDT KRAMER PC MICHAEL E KOSIK, ESQUIRE I.D. # : 36513 209 State Street Harrisburg, PA 17101 P (717) 232-6300 F (717) 232-6467 Attorneys for Plaintiff(s) Date: CERTIFICATE OF SERVICE I, Michael Kosik, an employee of the law firm of Schmidt Kramer, P.C., do hereby certify that I am this day serving a true and correct copy of Withdrawal /Entry of Appearance upon all Defendants via postage prepaid first class United States mail addressed as follows: George H. Eager, Esquire Eager, Spinello, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 17601 (717) 290 -7971 Attorney for Defendant Date: Michael Kosik or I EC-OFF 1° P J1fiONOT ,RY 2U/JUL f 5 A; f 1: 17 CUMBERLAND co , PENN . Ytt ���� L (J T , IN THE COURT OF COMMON PLEAS OF LUIdI'B 'I LAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT HOY, JR. and TRACY HOY, Plaintiffs NO. 13-4802 v. IRENE CEKOVICH. JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: �1�l4ljLf Georg . Eager Attorney for D= 'en.: nt I.D. No. 277 1347 Fruity le ike Lancaster 17601 (717) 290-7971 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife vs. Irene Cekovich Court of Common Pleas 2013-04802 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Ames True Temper, Inc. Employment Rite Aid Corp. (Corporate Office) Employment URS Corporation Employment Excel Logistics Employment Rumberger' s Gulf Employment Highmark BC/BS-Camp Hill Employment Vibralife Employment PHEAA Employment UPS Logistics Employment Verizon Legal Compliance Employment Bunny Gun Graphics Employment TO: Michael Kosik, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below In which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or If no objection is made, then the subpoena may be served. Date of Issue: 7/7/2014 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn & SofiIke - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact; Litigation Solutions, LLC (412.263.5556) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR ROBERT HOY, JR. AND TRACY HOY, HIS WIFE VS. IRENE CEKOVICH County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Kosik, Esquire, 209 State Street Harrisburg PA 17101 P: 717-232-6300 F: Opposing Michael 717-232-6467 Counsel CONNONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife Pile No. 2013-04602 VS. Irene Cekovich SUBP-OENA TO PRODUCE DOCUMENTS OR Timms FOR DISCOVERY PURSUANT TO RULE 4009.22 Ames True Temper, Inc. TO: (Name of P =son or Entity) Within twenty (20) days Orr service of this subpoena, you are ordered by the court to produce the following documents or rhino: ••••110•101111011111n See attached rider for instructions. it Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) Yon may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cm -61=U: 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 fral to produce the documents or things -required by this subpoena within twenty (20) days after its service, the party this subpoena may seek a court ord. compelling you to.earoply with it • TEEM SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 711JEPHONE: /17_,Q0 -7q71 SUPREME COURT ID # 7 7 740 ATTORNEY FOR: Defense Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Ames True Temper, Inc. 465 Railroad Avenue Camp Hill PA 17011 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present 1 COMMONWEALTH OF PENItiSYLVANLA COUNTY OF CITIVIBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich TO: FDA No. 2013-04802 SUBPOENA. TO PRODUCE DOCUMENTS OR. TAGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Bunny Gun Graphics (Name of Person or Entity) Within twenty (20) days afar service of this subpoena, you am following documents orthines: See attached rider for instructions. d at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or marl legible copies of the documents or produce things requested by this subpoena, together with the certificate of complanr , to the partymaking this request at the address listed above. You have the right to seek is advance the inasonable cost of preparing the copies or pruduciag the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the partysetving this subpoena may'seek a court order comjrelliag you to comply with it ' TIDE SUBPOENA WAS ISSUED AT THE REQUEST OF TSE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEI'HONfi: 717-290-7971 SUPREME COURT ID# 2774o ATTORNEY FOR Defense Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Bunny Gun Graphics 2003 Columbia Avenue Camp Hill PA 17011 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker' ' s compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present COA2viONI EALTR OF PENNSYLVANIA COUNTY OF CUPB3MLAND Robert Hoy, Jr. and Tracy Hoy, his wife vs. Irene Cekovich TO: : Fire No. 2013-04802 SUBPOENA. TO PRODUCE DOCUMENTS OR T uNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Excel Logistics (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 Minas: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 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 (20) days afterits service, the party -serving this subpoena may seek a court order' compelling you to comply with it • TEIIS SUBPOENA WAS ISSUED AT TSE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1147 Fruitville Pike Lancaster, PA, 17601 TELEPIIICINE: 717-',Q11-7471 SUPREME COURT ID # 27740 ATTORI YFOR Defense BY THE CO 1._.s. Prothonotary, Civil Division e Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Excel Logistics 260 Salem Church Road Mechanicsburg PA 17050 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker' ' s compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 1/1/2002 -Present CONvIONWEALTH OF PENNSYLVANIA COUNTY OF CUIZSMILAND Robert Hoy, Jr. and Tracy Hoy, his wife Filo No. VS. Irene Cekovich TO: (Name of Person. or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the carat to prod= the following documents as things: 2013-04802 SOI3F-OENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PITRSITANT TO RULE 4009,22 Highmark BC/BS-Camp Hill See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce Mins requested by this subpoena, together with the certificate of complisnrP, to the party making this request at the address listed shave. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. Ifyon fail to produce the documents or things •required by this subpoena within twenty (20) days after its service, the partyserving this subpoena maiseelca court order' compelling you to comply with it • THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWNG PERSON: NAME: Gporae IL Eager. Esquire ADDRESS: 1147 Frnitvi11p 1,Anra9tPr. PA. 17601 TELEPHONE: 717_,q col .SITPREIZECOURTID .7774n ATTORNEY FOR: Defense ID Pxothanotzry, Civil Division le as 1:7 Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Highmark BC/BS-Camp Hill PO Box 890035 Camp Hill PA 17089 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker' 's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 1/1/2002 -Present COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife File No. VS. Irene Cekovich TO: 2013-04802 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PHEAA (Name of Person or Entity) Within twenty (20) days ail= service of this subpoena, you are ordered by the court to prod= the following documents art:Moo: See attached rider for instructions. et Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, Ingather with the certificate of compliPnri-, to the party making this request at the address listed above. You have the tight to seek in advance the reasonable cost of preparing the copies or producing the things sought. Ifyou fl to produce the documents or things -required by this subpoena within twenty (20) days after its service, the party sewing this sut?aena maiseelca court order compelling you to comply with it • thiS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 711_,q0 -7q71 , SUPREME COURT ID # 77740 ATTORNEY FOR: Defense Data: Seal of the Court Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: PHEAA 1200 North 7th Street Harrisburg PA 17102 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker' ' s compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present COM3vIONWEALTEI OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich TO: File No. 2013-04802 SUBPOENA TO PRODUCE DOCUMENTS OR TRENGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Rite Aid Corp. (Corporate Office) (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the cant to produce the following documents or thin= See attached rider for instructions. St Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) Yon may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliPnrr, to the party malcing 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 Ityou fan to produce the documents or things required by this subpoena within twenty (20) days after its service, the partyserviug this subpoena rosy seek a court orde coroppM•ng ynu to comply with it • IEE SUBPOENA WAS MUM AT TEE REQUEST OF TEE FOLLOWING PERSON: NAME: Georae H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 117-?qn-7,111 , SUPREME COURT # 2 7 7 40 ATTORNEY FOR: Defense • Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Rite Aid Corp. (Corporate Office) 30 Hunter Lane Legal Department Camp Hill PA 17011 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 1/1/2002 -Present • .• COM2viONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich TO: File No. 2013-04802 SUBPOENA. TO PRODUCE DOCUMENTS OR TI1ENGS FOR DISCOVERY PURSUANT TO RTJLE 4009,22 Rumberger's Gulf (Name of Person or Enfity) Within twenty (20) days Mb= service of this subpoena, you are ordered by the coast to produce the following documents or Ilium: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of comptilinr 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 Inquired by this subpoena within twenty (20) days after its service, the partrserving this subpoena may a court order compelling you tn coniialy with it • SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitviile Pike Lancaster, PA, 17601 'TELEPHONE: 717-790-7371 SUPRMEE COURT # 27740 ATTORNEY FOR: Defense Date: Seal of the Court Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Rumberger s Gulf 4840 Gettysburg Road Mechanicsburg PA 717-737-4099 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker' 's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 1/1/2002 to present CONnvi011V/EALITI OF PENNSYLVANIA COUNTY' OF CUMBEILAIID Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich : Film No. 2013-04802 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 UPS Logistics TO: (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: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliliore, 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 fag to produce the documents or things -required by this subpoena within twenty (20) days after its service, the party -serving this subpo ens mayseek a court ordercoropellfrig you to comply with it • Lttls SUBPOENA WAS ISSUED AT TEE REQUEST OF 1.1113 FOTLOWING PERSON NAME: George H. Eager, Esquire ADDRESS: 1117 Fruirviile Pike Tancq_ster. PA. 17601 TELEPRONE: -i 7 -7 q fl -7 Q7 1 , SUPREME COURT ID # 27740 ATTORNEY FOR: Defense Data: BY 'EHE COURT: Prothonotary, Civil Division Seal of tile Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: UPS Logistics 401 Quality Circle Harrisburg PA 17112 Attention: Human Resources Department Subject: Hay, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker' 's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present COMMONWEALTH OF PENNSYLVANIA COUNT( OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife :£llcNo. VS. Irene Cekovich 2013-04802 SUBPOENA. TO PRODUCE DOCUMENTS OR TEEENGS FOR DISCOVERY PURSU.ANT TO RULE 4009.22 URS Corporation TO: (Name of Pelson or Entity) Within twenty (20) days aft= service of this subpoena, you are ordered by the court to produce the following documents or rhino: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce Dingy requested by this subpoena, together with the certificate of compliirrP, to the party scaling 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. Ifyou 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 ticomply with in • 1.13lSUBPOENA WAS ISSUED AT T REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 =PHONE: 717-290-7971 SOPREZOURT1D# 27740 ATTORNEY FoR:, Defense Seal of the Court Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: URS Corporation 600 Bent Creek Blvd. Mechanicsburg PA 17010 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 1/1/2002 -Present COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich TO: : File No. 2013-04602 SUBPOENA. OENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Verizon Legal Compliance (Name of Person or Eniity) Within twenty (2O) days after service of this subpoena, you are ordered by the court to produce the foll.avriog documents or Mines: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 () You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compllpar , to the patty making this request at the address listed above. You have the right b seek in advance the znasanable 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 cadet' compelling you to comply with it • TSZS SUBPOENA WAS ISSUED AT TEE REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-790-7971 SUPREME COURT m # ?7740 ATTORNEY FOR: Defense Date: l Seal of the Court Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Verizon Legal Compliance TXDO1613 PO Box 1001 San Angelo TX 76902 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present CONNONWEALTH OF PENNSYLVANIA COUNTY OF CUIVIBMLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich • : File No. 2013-04802 SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Vibralife TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prod= the following documents or tii;Twq- See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of complianre, to the party making this request at the address listed above. You have the lief 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 aft:sits service, the partyserving this subpoena may reek a court order' compelling you txi comply with it • THIS SLTEPOENA. WAS ISSUED AT TEE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 7 17 -2 90-7971 SUPREME COURT ln # 27740 ATTORNEYFOR: Defense PxothountarY, Civil Divisiciu P r ---- Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Vibralife 707 Shepherdstown Road Mechanicsburg PA 17055 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker' 's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Michael Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 DATE: 0`). ) BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, Es ire Attorney for Defend t I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT HOY, JR. and TRACY HOY, Plaintiffs NO. 13-4802 v. IRENE CEKOVICH. JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) (4) no objection to the subpoena has been received, and the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: c)7J)5/ Geor•e H. Eage/ squire Attorney for D / - ndant I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Zr nc:- r czrn ... - r--- . `L3 cn r- — 6 3> CI cD {o -i CD 0 crt -i C 2. PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife vs. Irene Cekovich Court of Common Pleas 2013-04802 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Ames True Temper, Inc. Rite Aid Corp. (Corporate Office) URS Corporation Excel Logistics Rumberger' s Gulf Highmark BC/BS-Camp Hill Vibralife PHEAA UPS Logistics Verizon Legal Compliance Bunny Gun Graphics Employment Employment Employment Employment Employment Employment Employment Employment Employment Employment Employment TO: Michael Kosik, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena: If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 7/7/2014 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matterplease contct: Litigation SolutionsLLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 • COUNSEL LISTING FOR ROBERT HOY, JR. AND TRACY HOY, HIS WIFE VS. IRENE CEKOVICH County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Kosik, Esquire, 209 State Street Harrisburg PA 17101 P: 717-232-6300 F: Opposing Michael 717-232-6467 Counsel CONZIONWEALTEI OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich File No. 2013-04802 SUBPOENA TO PRODUCE DOCUMENTS OR TRIMS FOR DISCOVERY PURSUANT TO RULE 4009.22 Ames True Temper, Inc. TO: (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: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) Yon 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 shove. You have the right to seek in advance the reasonable cost of preparing the copies or pro during the things sought. If you fail to produce the documents or things -required by this subpoena within twenty (20) days emits service, the partyserving this subpoena maiseek a court ordet compelling you to comply with it • MIS SUEPOEKA WAS ISSUED AT LEI REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 71 7 -9 n--/ 971 SUPItEMECOURTID# 27740 ATTORNEY FOIL Defense Date: Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Ames True Temper, Inc. 465 Railroad Avenue Camp Hill PA 17011 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present CONNONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich TO: File No. • 2013-04802 SUBPOENA TO PRODUCE DOCUMENTS OR TECENGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Bunny Gun Graphics (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 thins: See attached rider for instructions. • at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 sight to seelc in advance the reasonable cost of preparing the copies or producing the things sought. If you fag to pr-oduce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court ordee conspellirg you to. comply with it • IBIS SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME alum. ID # 27740 ATTORNEY FOR: Defense thouotary, Civil Division Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Bunny Gun Graphics 2003 Columbia Avenue Camp Hill PA 17011 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker' 's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present CONNONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich : File No. 2013-04802 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Excel Logistics TO: (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 Woes: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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. It" you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party -serving this subpoena ay seek a court order' compelling you t comply with it • LUIS SUBPOENA WAS ISSUED AT TIE REQUEST OF THE FOLLOWING PERSON: NANO: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-99n-7 q 7 1 SUPREME COURT ID # 27740 ATTORNEY FOR: Defense Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Excel Logistics 260 Salem Church Road Mechanicsburg PA 17050 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker' 's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 1/1/2002 -Present COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUIvIEERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich TO: Film No. 2013-04802 SUBPOENA TO PRODUCE DOCUMENTS OR TBINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Highmark BC/BS-Camp Hill (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 Dr ibines: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 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 tl•angs -required by this subpoena within twenty (20) days after its service, the partyserving this subpoena maiseek a court order' compelling you to. comply with it • Di& SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eaccer. Esquire AEMBESS: 1147 Frnituille Pike Lanraqter. PA. 17601 TELEPHONE: -71 SUPREMECOURTID# 27740 ATTORNEY FOR: Defense BY TEE COURT: Prothonotary, Civil Dimwit 44d P9%r beputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Highmark BC/BS-Camp Hill PO Box 890035 Camp Hill PA 17089 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker''s compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 1/1/2002 -Present CONfiviONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich File No. 2013-04802 SUBPOENA TO PRODUCE DOCUMENTS OR TRIGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PHEAA TO: (Na n= 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 thins: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) Yon 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 shove. 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 mayseek a court order' compelling you to comply with it • IBIS SUBPOENA WAS ISSUED AT TEE REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville_ Pike Lancaster, PA, 17601 TELEPHONE: 71 7 -9 qn-7 q 7 1 SUPREME COURT3D # 2 7 740 ATTORNEY FOR: Defense Date: Seal of the Court Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: PHEAA 1200 North 7th Street Harrisburg PA 17102 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker' ' s compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present CONfiviONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife File No. VS. Irene Cekovich 2013-04802 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Rite Aid Corp. (Corporate Office) TO: (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 tbizurs: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 tight 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 a court order coropell;ng you to' comply with it • THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 71 7 -2 9n-7 971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defense Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Rite Aid Corp. (Corporate Office) 30 Hunter Lane Legal Department Camp Hill PA 17011 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, dateemployment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 1/1/2002 -Present CONWONWEALTH OF PENNSYLVANIA COUNTY OF CUIA33ERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich TO: File No. 2013-04802 SUBPOENA TO PRODUCE DOCUMENTS OR TINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Rumberger's Gulf (Name of P erson. or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or rhino: See attached rider for instructions. at itigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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. Ilyou fail to produce the documents or things -required by this subpoena within twenty (20) days afterits service, the party -serving this subpoena mayseek a court order compelling you to.comply with it • 1.1118 SUBPOENA WAS ISSUED AT TEE REQUEST OF TILE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR; Defense • Date: / Seal of the Court • comavioNwEALTA OF PENNSYLVANIA. COUNTY OF CUND3ERLAND Robert Hoy, Jr. and Tracy Hoy, his wife vs. Irene Cekovich TO: :File No. 2013-04802 SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 UPS Logistics (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: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subp oena, 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. Ityou fail to produce the documents or things Tequired by this subpoena within twenty (20) days after its service, the party merving this subpoena mayseek a court =lee compelling you to. comply with it • fti.lb SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 71 - n - -7 47 1 SUPREMECOURTID# 27740 ATTORNEY FOR: Defense BY TEM COURT: / thonotary, Civi1 Date: Seal of the Court Lbeputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife : Flle No. 2013-04802 VS. Irene Cekovich SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 URS Corporation TO: (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 thins: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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. Ifyou fag to produce the documents or things .required by this subpoena within twenty (20) days after.its service, the party -serving this subpoena mayseek a court ordet compelling you to. comply with it • nu b SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAIvfE: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defense BY TIlE COURT: /I( thonotary, Civil Division De 02/1-elti Seal of the Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: URS Corporation 600 Bent Creek Blvd. Mechanicsburg PA 17010 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 1/1/2002 -Present • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich TO: FileNo. 2013-04802 • • SUBPOENA TO PRODUCE DOCUMENTS OR TAGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Verizon Legal Compliance (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 Thiess: 01M11111111111111161••••••1111110111011.1101111111, See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate ofcompliance, to thepartymaldngthisrequestatthe address listed above. You have the right to seek in advance the reasonable costofpreparingthe copies or producing the thing sought Ifyou fag to produce thedocuments or things •required by this subpoena within twenty (20) days atlanta service, the partyserving this subpoenamayseelc a count orde hug you to comply With it THIS SUBPOENA WAS ISSUED AT TEE REQUEST OF TIES FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREMECOURTED# 27740 A.TTORNEY FOR: Defense Date: Seal of the Court Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Verizon Legal Compliance TXD01613 PO Box 1001 San Angelo TX 76902 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker's compensation' claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife VS. Irene Cekovich TO: File lb. 2013-04802 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Vibralife (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 Thins: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliverormall legible copies of the documents arproduca things requested byft subpoena, tugetherwiththecertiftcate ofcompliance, to thepartyzaakingthisrequestattheaddress listed above. You have the right to seekin advance tbereasonable costofprepathbgthe copies orproducing the thingssoughL Ifyou fail, toproduca thedocuments or things •required by this subpoenawithit!twenty(20) days afteritsservice, thepartyseming this subpoenamsyseelca courtordefearapell;rgyouto complywithit TEUS SUBPOENA WAS ISSUED AT Iht REQUEST OF THE FOLLOWING PERSON: NANO: George H. Eager, Esquire ADDRESS; 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 7 3 7-290-7971 SUPREMECOURT1D# 27740 ATTORNEY FOR: Defense Date: Seal of the Court BY THE COURT. 1 Prothonotary, Civil Division _A2LiZA., p • VC2utipell Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Vibralife 707 Shepherdstown Road Mechanicsburg PA 17055 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employmentbegan, worker' .' s compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Michael Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 DATE:D7//6 /Jy BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, E Attorney for Defe I.D. No. 27740 1347 Fruitvill- `' e Lancaster, P - 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW L C.) rl ROBERT HOY, JR. and TRACY HOY, 3 Plaintiffs p c— NO. 13-4802 r--- 7., V. IRENE CEKOVICH. JURY TRIAL DEMANDED < n ©rt Defendant _ a c; CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA —< Cil c:7-1 ' PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: (1-712A \ I I /de" George Eager - • uire Attorney for De - • ant I.D. No. 2774' 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife vs. Irene Cekovich Court of Common Pleas 2013-04802 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Nestle Purina Petcare Co. Employment TO: Michael Kosik, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 7/14/2014 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR ROBERT HOY, JR. AND TRACY HOY, HIS WIFE VS. IRENE CEKOVICH County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Kosik, Esquire, 209 State Street Harrisburg PA 17101 P: 717-232-6300 F: Opposing Michael 717-232-6467 Counsel COlialONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND Robert Hoy, Jr. and Tracy Hoy, his wife : Filallo. 2013-04802 VS. Irene Cekovich SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Nestle Purina Petcare Co. TO: (Name of P erson or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or Minas: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 227 (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 tight 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 ordet compelling you to comply with it • iii SUBPOENA WAS ISSUED AT TEE REQUEST OF MB FOLLOWING PERSON: NANIE: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURTID# 27740 ATTORNEY FOR: Defense Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Nestle Purina Petcare Co. 6509 Brandy Lane Mechanicsburg PA 17050 Attention: Human Resources Department Subject: Hoy, Jr., Robert SS#: 8201 Date of Birth: 04/01/1958 Requested Items: Please Remit: Application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination 01/01/2002 -Present CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Michael Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 DATE: 07 ) Z `1 ) `1 BY: EAGER, STENGEL, QUINN & SOFILKA George H. E- • er squire Attorney f• D= endant I.D. No. 0 1347 Fr itville Pike Lancaster, PA 17601 (717) 290-7971