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HomeMy WebLinkAbout06-3386IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff No. GL -33Y? V. TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR., Defendant NOTICE CIVIL ACTION - LAW JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff No: V. TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR., Defendant NOTICIA CIVIL ACTION - LAW JURY TRIAL DEMANDED Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff No: d? -33d? Got-C ?3-1 V. TONI MARIE GULICK, Administratrix of the CIVIL ACTION - LAW ESTATE OF LARRY GULICK, JR., Defendant JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT 1. Plaintiff Kristine L. Gulick is an adult individual residing at 6301 Chesterfield Lane, Mechanicsburg, PA 17055. 2. Defendant Toni Marie Gulick is the duly appointed Administratrix of the Estate of Larry Gulick, Jr. and resides at 6301 Chesterfield Lane, Mechanicsburg, PA 17055. 3. Plaintiff's date of birth is August 31, 1986. 4. On or about October 27, 1996 at approximately 3:45 p.m., plaintiff, then a minor, was a passenger in a 1994 Camaro operated by Larry Gulick, Jr. 5. On the above date and time, Larry Gulick, Jr. was operating the above vehicle northbound on Park Drive/S.R. 203, in South Middleton Township, Cumberland County, Pennsylvania. 6. At the above place and time, Larry Gulick, Jr. failed to negotiate a curve in the road and lost control of the vehicle causing the vehicle to leave the roadway, strike a stationary concrete slab and roll over. COUNT I-NEGLIGENCE 7. Paragraphs 1 through 6 above are incorporated herein by reference as if set forth at length. 8. The above-referenced accident was caused by the negligence and carelessness of Larry Gulick, Jr. in that he: A. Operated his vehicle at a speed in excess of the posted speed limit; B. Operated his vehicle at a speed in excess of that which was reasonable under the circumstances then and there existing; C. Failed to be alert and attentive at the wheel; and D. Took his eyes off of the roadway. 9. The accident resulted solely from the negligence of Larry Gulick, Jr. 10. As a direct and proximate result of the defendant's negligence, Plaintiff has suffered, is suffering and will continue to suffer in the future the following damages: A. Pain and suffering; B. Mental anguish, discomfort and inconvenience; C. Loss of life's pleasures; D. An impairment of health and sense of well being; E. Multiple lacerations, avulsions and the destruction of skin and subcutaneous tissue of both arms, her head and face requiring corrective surgeries; and F. Permanent scarring. 11. As a direct and proximate result of the defendant's actions, Plaintiff has suffered, is suffering and will continue to suffer in the future the following financial damages: A. Past, present and future medical expenses; B. Incidental costs of dealing with said injures; WHEREFORE, Plaintiff Kristine L. Gulick respectfully requests this Honorable Court to enter judgment in her favor and against the defendant in an amount in excess of the compulsory arbitration limit, plus interest, costs, and such other relief as is deemed appropriate. ' Girard E. Rickards, Esquire P.O. Box 11570 DATE: Harrisburg, PA 17108-1570 (717) 234-4161 Attorney ID No: 58867 VERIFICATION I verify that the statements made in this Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based on upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unworn falsification to authorities. ? 2 Date Kri ti e L. Gulick c. 47 w \G ID `r Tf ?t rS ); 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff No: 06-3386 Civil Term V. TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I accept service of the Plaintiffs Complaint. DATE: "N Toni Mane Gulick, Adminstr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff No: 06-3386 Civil Term V. TONI MARIE GULICK, Administratrix of the CIVIL ACTION - LAW ESTATE OF LARRY GULICK, JR., Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing ACCEPTANCE OF SERVICE, via first class mail, postage prepaid as follows: Toni Marie Gulick, Administratrix 6301 Chesterfiled Lane Mechanicsburg, PA 17055 DATE: ai?D irard E. 'ckards, Esquire P.O. Box 11570 Harrisburg, PA (717) 433-4369 Attorney ID No: 17108-1570 58867 r ? RZ7-j t N ?T CONNNOR, WEBER & OBERLIES BY: JOSEPH P. CONNOR, III, ESQUIRE ATTORNEY I.D. #25329 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301 (610) 640-2810 Attorney for Defendants, Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr. KRISTINE L. GULICK V. TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 06-3386 ENTRY OF APPEARANCE/DEMAND FOR TURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr., with regard to the above-captioned matter. Trial by a jury of twelve (12) members is hereby demanded. CONNOR, WEBER & BY: Josep . Connor, III, Esquire Alto ey for Defendant, Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr. ' r" `=' ' ^ ? ;? , _ _ ; ?`:.- t Laid E ? ?y ' - -- ?, ?4, i.t j, . « _ .{ ` ?? "t ? ? "°•. A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, : Plaintiff No: 06-3386 Civil Term V. TONI MARIE GULICK, Administratrix of the CIVIL ACTION - LAW ESTATE OF LARRY GULICK, JR., Defendant JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS UPON THE RECORD TO THE PROTHONOTARY: Kindly update the docket to reflect the address of Girard E. Rickards, Esquire to 44 East Philadelphia Street, York, Pennsylvania 17401. Date: ?a7 Girard E. ickards, Esquire Attorney Id No. 58867 44 East Philadelphia Street York, PA 17401 717 845-4038 a 4 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff No: 06-3386 Civil Term V. : TONI MARIE GULICK, Administratrix of the CIVIL ACTION - LAW ESTATE OF LARRY GULICK, JR., Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Praecipe for Change of Address Upon the Record, via first class mail, postage prepaid as follows: Joseph P. Connor, III, Esquire Connor, Weber & Oberlies 171 West Lancaster Avenue, Suite 100 Paoli, PA 19301 Girard E. ickards, Esquire Plaintiff's Attorney DATE: February 20, 2007 rn- CFA TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A ENTERED AGAINST YOU. JUDG77?~ Attorney r efendant CON R, WEBER & OBERLIES BY: JOSEPH P. CONNOR, III, ESQUIRE ATTORNEY I.D. #25329 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301 (610) 640-2810 KRISTINE L. GULICK V. TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR. Attorney for Defendant, Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 06-3386 DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Answering Defendant, Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr., by and through her attorneys, Connor, Weber & Oberlies, hereby answers Plaintiffs Complaint and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted upon information and belief. 5. Admitted upon information and belief. 6. It is admitted upon information and belief that the collision occurred shortly after Plaintiff spilled her drink inside the vehicle, after which Larry Gulick, Jr. lost control of the vehicle which left the roadway, struck a concrete slab, and rolled over. COUNT I - NEGLIGENCE 7. Answering Defendant incorporates by reference the responses set forth in the preceding paragraphs as though set forth herein at length. 8. (a)-(d) Denied. The averments in this paragraph are conclusions of law and as such, are denied, and strict proof thereof is demanded at the time of trial. 9. Denied. The averments in this paragraph are conclusions of law and as such, are denied, and strict proof thereof is demanded at the time of trial. 10. (a)-(f) Admitted in part; denied in part. It is admitted upon information and belief that the Plaintiff sustained injuries in the accident of October 27, 1996. The remaining averments in this paragraph are conclusions of law and as such, are denied, and strict proof thereof is demanded at the time of trial. 11. (a)-(b) Denied. It is admitted upon information and belief that the Plaintiff sustained financial damages as a result of the accident of October 27, 2006. The remaining averments in this paragraph are conclusions of law and as such, are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant demands judgment in her favor and against the Plaintiffs together with costs, attorney's fees and other such relief as this Honorable Court deems just and appropriate. NEW MATTER 1. Answering Defendant incorporates herein by reference the responses contained in Paragraphs 1 -11 of its Answer as though set forth herein at length. 2. Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 3. Plaintiff's claims are barred by the statute of limitations. 4. Plaintiff failed to mitigate her damages. 5. Plaintiff's claims are barred by virtue of release. 6. Plaintiff's claims are barred by virtue of accord and satisfaction. 7. Plaintiff's claims are barred by virtue of estoppel. 8. Plaintiff's claims are barred by virtue of laches. 9. Plaintiff's claims are barred by virtue of waiver. 10. Plaintiff's claims are barred virtue of her commencement and discontinuance of a prior action against Larry Gulick, Jr. and/or the Estate of Larry Gulick, Jr. 11. Plaintiffs claims are barred by virtue of her previous withdrawal, with court approval, of all claims against Larry Gulick, Jr. 12. Plaintiff's claims are barred by virtue of the "sudden emergency" doctrine. 13. Plaintiff's claims are barred by virtue of res judicata and/or collateral estoppel. 14. Plaintiff's claims are barred and/or limited by virtue of the applicable portions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant requests entry of judgment in her favor and against Plaintiff, together with interest, costs, attorneys' fees and any other such relief the Court deems appropriate. CONNOR, WEBER & O BY: "EPI,I'?C?NNOR, III, ESQUIRE Atto ey for Defendant, Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr. VERIFICATION I am the attorney for Defendant, Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr., and I verify that the statements contained in the foregoing Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authortie/ '. CONNOR, III, ESQUIRE DATED: March 16, 2007 I, JOSEPH P. CONNOR, III, ESQUIRE, hereby certify on this 16th day of February, 2006 a true and correct copy of Defendant, Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr.'s Answer with New Matter to Plaintiff's Complaint was served upon all counsel of record at the address listed below by U.S., First Class Mail. Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 CONNOR, WEBER &iOBERLIES BY: (Z 1 ? JOSEP P. kO' NNOR, III, ESQUIRE Atto ey for Defendant, To arie Gulick, Administratrix of the Estate of Larry Gulick, Jr. r-s Q t {'7.? G] CONNNOR, WEBER & OBERLIES BY: JOSEPH P. CONNOR, III, ESQUIRE ATTORNEY I.D. #25329 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301 (610) 640-2810 Attorney for Defendants, Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr. KRISTINE L. GULICK V. TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 06-3386 PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Kindly substitute the Verification of Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr. for that of Joseph P. Connor, II, Esquire with regard to the Defendant's Answer to Plaintiff's Complaint and New Matter, in the above-captioned matter filed on March 20, 2007. CONNOR, WEBER & BY: Josep . Connor, III, Esquire (1 Att ey for Defendant, To 'Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr. VERIFICATION I, Toni Marie Gulick, as Administratrix of the Estate of Larry Gulick, Jr. hereby verify that that the statements and responses made in the foregoing Answer to Plaintiff's Complaint are true and convect to the best of my knowledge, information and belief, except that the reference to "the accident of October 27,2006" in paragraph 11 of the Answer should read "the accident of October 27, 1996". I understand that said statements are made subject to the penalties prescribed in 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. VVVL ,Ck Toni Manse Gulick, Administratrix of Estate of Larry Gulick, Jr. DATED: 24 (z I, JOSEPH P. CONNOR, III, ESQUIRE, hereby certify on this 2811' day of March, 2007 a true and correct copy of Defendant, Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr.'s Praecipe to Substitute Verification was served upon all counsel of record at the address listed below by U.S., First Class Mail. Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 CONNOR, WEBER BY: JOSEPH P. ONNOR, III, ESQUIRE Attorne or Defendant, Toni arie Gulick, Administratrix of the Estate of Larry Gulick, Jr. `_ c:D :? • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, Plaintiff V. TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR., Defendant No: 06-3386 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER Paragraphs 1 through 1 I of the Plaintiff's Complaint are incorporated herein by reference. 2. The allegations of paragraph 2 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 2 are specifically denied and strict proof thereof is demanded at the time of trial. 3. The allegations of paragraph 3 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 3 are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, the statue of limitation was tolled during the minority of the plaintiff. 4. The allegations of paragraph 4 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 4 are specifically denied and strict proof thereof is demanded at the time of trial. The allegations of paragraph 5 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 5 are specifically denied and strict proof thereof is demanded at the time of trial. 6. The allegations of paragraph 6 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 6 are 4. specifically denied and strict proof thereof is demanded at the time of trial. 7. The allegations of paragraph 7 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 7 are specifically denied and strict proof thereof is demanded at the time of trial. 8. The allegations of paragraph 8 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 8 are specifically denied and strict proof thereof is demanded at the time of trial. 9. The allegations of paragraph 9 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 9 are specifically denied and strict proof thereof is demanded at the time of trial. 10. The allegations of paragraph 10 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 10 are specifically denied and strict proof thereof is demanded at the time of trial. 11. The allegations of paragraph 11 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 11 are specifically denied and strict proof thereof is demanded at the time of trial. 12. The allegations of paragraph 12 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 12 are specifically denied and strict proof thereof is demanded at the time of trial. 13. The allegations of paragraph 13 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 13 are specifically denied and strict proof thereof is demanded at the time of trial. 14. The allegations of paragraph 2 are conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations of paragraph 2 are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff, Kristine L. Gulick respectfully requests Your Honorable Court to enter judgement in her favor and against the defendant. it d . ick ds, Esquire Plaintiff's Attorney DATE: V/(S (9 7 VERIFICATION I verify that the statements made in this Plaintiff's Reply to New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent that the contents are based on upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents are that of counsel, I have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. ?' I OU I(A Date Kristine 10 Gulick IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, : Plaintiff No: 06-3386 Civil Term V. TONI MARIE GULICK, Administratrix of the CIVIL ACTION - LAW ESTATE OF LARRY GULICK, JR., Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Plaintiff's Reply to New Matter, via first class mail, postage prepaid as follows: Joseph P. Connor, III, Esquire Connor, Weber & Oberlies 171 West Lancaster Avenue, Suite 100 Paoli, PA 19301 Gi E. ickards, Esquire Plaintiff's Attorney DATE: April 13,, 2007 n ?? c:=a t? C:: ` ? _n - = ?,,,? Z U? ?' ?;;??, =; "' ?.?,? .- Cad .. -[ ::? ? t:t .? y CONNOR, WEBER & OBERLIES BY: JOSEPH P. CONNOR, III, ESQUIRE ATTORNEY I.D. #25329 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301 (610) 640-2810 KRISTINE L. GULICK V. TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GUL ICK, JR. Attorney for Defendants, Toni Marie Gulick, Administratrix of the Estate of Larry Gulick, Jr. COURT OF COMMON PLEAS CUMBERLAND COUNTY : No. 06-3386 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, the following: 1. A notice of intent to serve a subpoena with a copy of the subpoena attached hereto were mailed or delivered to plaintiff's counsel at least twenty days prior to the date on which the subpoena was sought to be served. 2. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. 3. No objections to the subpoena have been raised by the plaintiff's counsel. 4 The subpoena which will be served is identical to the subpoena attached to the notice of intent to serve the subpoena. CONNOR, WEBER & OBERLIES By: ep P. Connor, III et X _cation ication No. 25329 Lancaster Avenue, Suite 100 Paoli, PA 19301 ATTORNEYS FOR DEFENDANT DATED: August 13, 2007 COMMONWEALTH OF PENNSYLVANIA COUN'T'Y OF CUMBERLAND Kristine L. Gulick v. Toni Marie Gulick File No. 06-3386 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Travelers Insurance, 5001 Louise Drive, Mechanicsburg, PA (Name of Person or Entity) 17055-6912 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A copy of the executed Release referencing Policy No. 233SY17850239PCS for an accident date of 10/27/1996, claimant, Kristine Gulick and Travelers' insured, Eric Fussenegger. at 171 West Lancaster Avenue, Suite 100, Paoli, PA 19301 (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: Joseph P. Connor, III, Esq ADDRESS: 171 w_ Tancaster Ave. , Ste. 100 ---'acs li - 12A--1.43 01 TELEPHONE: 10-640-2810 SUPREME COURT ID # 2 5 3 2 9 ATTORNEYFOR: Defendant BY THE COURT: Date: 010 o 7 'Se/al of the Court S Prothonotary, Civil Divis' k1 k, De u C'3 CrN E l --5 r - co "' G z CONNOR, WEBER & OBERLIES BY: JOSEPH P. CONNOR, III, ESQUIRE ATTORNEY I.D. #25329 Attorney for Defendants, 171 W. Lancaster Avenue, Suite 100 Toni Marie Gulick, Administratrix of the Paoli, PA 19301 Estate of Larry Gulick, Jr. (610) 640-2810 KRISTINE L. GULICK COURT OF COMMON PLEAS CUMBERLAND COUNTY V. : No. 06-3386 TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR. CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, the following: 1. A notice of intent to serve a subpoena with a copy of the subpoena attached hereto were mailed or delivered to plaintiff's counsel at least twenty days prior to the date on which the subpoena was sought to be served. 2. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. 3. No objections to the subpoena have been raised by the plaintiff's counsel. 4 The -subpoena which will be served is identical to the subpoena attached to the notice of intent to serve the subpoena. WEBER & OBERLIES By: P. Connor, III cation No. 25329 West Lancaster Avenue, Suite 100 Paoli, PA 19301 ATTORNEYS FOR DEFENDANT DATED: September 19, 2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kristine Gulick V. Toni Marie Gulick FileNo.06-3386 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. John Stratis, 2025 Technology Pkway, Mechanicsburg, PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached Addendum to Subpoena at Connor, Weber & Oberlies, 171 West Lancaster Ave, Paoli, PA 19301 (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:Joseph P. Connor, III.Esquire ADDRESS: 171 W. ancas er venue Paoli, PA 19301 TELEPHONE: 610-T640-2810 SUPREME COURT ID # 9 s, 2 A ATTORNEYFOR nefendan+- Date: qkbi 'Se ft the Court BY THE COURT: 4 &'*? r..'. Prothonotary, Civil Di ' 'n D ty Addendum to Subpoena Dr. John Stratis 2025 Technology Parkway Mechanicsburg, PA 17050 Entire medical, billing and diagnostic file and chart, including but not limited to any and all records; correspondence; referrals; memoranda; new patient registration forms; notes; history; reports; medication/ prescription records; medical billing, insurance and payment records; x-ray, MRI, and CT Scan films and tests, with subsequent reports. This request includes records, maintained in any format, including hard copy, electronic, and film, onsite and maintained in all remote locations, relating to the examination, consultation, diagnosis, care or treatment of: Subject: Kristine Gulick 606 York Circle Mehanicsburg, PA 17055 Date of Birth: 8/31/86 Social Security No: 198-66-5928 C> ° G o i -10 Cf cn 9 0 i' E? "t7 7> C N N ? t7? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, No: 06-3386 Plaintiff CIVIL ACTION - LAW V. TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR., Defendant PRAECIPE FOR CHANGE OF ADDRESS UPON THE RECORD TO THE PROTHONOTARY: Kindly update the docket to reflect the address of Girard E. Rickards, Esquire to 135 South Duke Street, York, Pennsylvania 17401. Date: 4-ajok Girar . Rickards, Esquire Attorney Id No. 58867 135 South Duke Street York, PA 17401 717 845-4038 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE L. GULICK, No: 06-3386 Plaintiff CIVIL ACTION - LAW V. TONI MARIE GULICK, Administratrix of the ESTATE OF LARRY GULICK, JR., Defendant CERTIFICATE OF SERVICE I, Amy Menache, do hereby certify that on this day I have served the Defendant with a true and correct copy of the foregoing Praecipe For Change of Address Upon The Record, via first class mail, postage prepaid as follows: Joseph P. Connor, III, Esquire Connor, Weber & Oberlies 171 West Lancaster Avenue, Suite 100 Paoli, PA 19301 '44, /4 Amy M ache, Legal Assistant DATE: ?° I (? t".:. ? cc+ .. ? . -t? t,; - ? 4 ` i c?.- ? ^ .? m ?: ?' ? ' ? may, t =? ? . .- i