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HomeMy WebLinkAbout02-2131IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Raymond Muniz 5335 North George Street, Ext. Manchester, PA 17345 Plaintiff File No. 02- ~31 ¢'v~ { VS. Aaron Cluck, 1732 Cushing Green Camp Hill, PA Civil Action -Tort 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 an 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 fights 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 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant RAYMOND MUNIZ, VS. AARON CLUCK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO.. 02-2131 : JURY TRIAL DEMANDED NOTICE TO THE PLAINTIFF: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. GOLDBERG, KATZM_AN & SHIPMAN, P.C. DATE: June 19, 2002 81036.1 ~fl~rson J. Shipman'Esquire Kttorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 RAYMOND MUNIZ, VS. AARON CLUCK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2131 073RY TRIAL DEMANDED ANSWER A. ND NEW MATTER OF DEFENDANT, AARON CLUCK AND NOW, counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter in response to the Complaint of Plaintiff, Raymond Muniz: 1. Denied. After reasonable investigation, the answering Defendant, Aaron Cluck, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 1 and the same are therefore denied. 2. Admitted in part, denied in part. It is admitted that the answering Defendant, Aaron Cluck, is currently an adult ~esident of Camp Hill, Cumberland County, Pennsylvania. It is come the Defendant, Aaron Cluck, by and through his denied that Mr. on ~{ay 1, 3. Cluck was an adult at the time of this accident 2000. Admitted in part, denied in part. It is admitted only that on May 1, 2000 the Plaintiff was operating a vehicle on Interstate 83 near the New Cumberland exit in Cumberland County, Pennsylvania. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of remaining averments of Paragraph 3 and the same are therefore denied and strict proof demanded at the time of trial. 4. Admitted. By way of further response, the answering Defendant, Aaron Cluck was entering Route 83 from the New Cumberland on ramp when it is believed the Plaintiff, Raymond Muniz suddenly and abruptly stopped his vehicle in front of Mr. Cluck. 5. Denied. The averments contained in Paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 6. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 6 and the same are therefore denied and strict proof demanded at the time of trial. 2 7. Denied. The averments contained in Paragraph 7 are conclusions of law and fact to which no response is required. a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in Paragraph 8 and subparagraphs (a) through (g) are conclusions of law and fact to which no response is required. If a response is deemed to be required, denied. the averments contained therein are specifically a. Denied. answering Defendant failed to stop It is specifically denied that the for traffic ahead of him on the roadway; b. Denied. answering Defendant It is specifically denied that the failed to keep a proper look-out for vehicles and objects ahead of him on the roadway; c. Denied. It is specifically denied that the answering Defendant failed to keep his vehicle under control; d. Denied. It is specifically denied that the answering Defendant drove at a speed which was excessive traffic conditions which then and there existed; e. Denied. It is specifically denied that the answering Defendant failed to yield the right-of-way to Plaintiff's vehicle ahead of him; for If f. Denied. It is specifically denied that the answering Defendant failed to reduce his speed to avoid an accident; and g. Denied. It is specifically denied that the answering Defendant was negligent by failing to stop before crashing into the Plaintiff's vehicle. 9. Denied. The averments contained in Paragraph 9 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant, Aaron Cluck, is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 9 relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 10. Denied. The averments contained in Paragraph 10 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant, Aaron Cluck, is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 10 and the same are therefore denied and strict proof demanded at the time of trial. 4 11. Denied. The averments contained in Paragraph 11 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant, Aaron Cluck, is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 11 and the same are therefore denied and strict proof demanded at the time of trial. 12. Denied. The averments contained in Paragraph 12 are conclusions of law and fact to which no response is required. 13. Denied. The averments contained in Paragraph 13 are conclusions of law and fact to which no response is required. WHEREFORE, the Defendant, Aaron Cluck, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. NEW blOTTER By way of additional answer and reply, the answering Defendant, Aaron Cluck, interposes the following new matter defenses. 14. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et seq. 15. That the Plaintiff's claims may be limited or barred by the Limited Tort Option pursuant to 75 Pa. C.S.A. §1705, et seq. 16. That if it should be found that there was any negligence on the part of the answering Defendant, Aaron Cluck, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 17. That if the Plaintiff suffered the injuries alleged in the Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiff, Raymond Muniz, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 18. That the negligence of the Plaintiff consisted of the following: (a) Failing to have his vehicle under proper control; (b) Suddenly and abruptly stopping his vehicle in front of the Defendant; (c) Failing to drive at a speed which was appropriate for the conditions; and (d) ahead. safe and Failing to keep a proper distance from vehicles 6 WHEREFORE, that Judgment be entered in his favor and that Complaint be dismissed with prejudice. GOLDBERG, the Defendant, Aaron Cluck, respectfully requests Plaintiff's KATZMA~N & SHIPMAN, P.C. 80185.1 J~f~r's~quire Attorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 {717) 234-4161 Attorneys for Defendant 7 VERIFICATION I, Aaron Cluck, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 80186.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Ha~isburg, Pennsylvania, with first-class postage prepaid on the , 2002, addressed to the following: Perry A. Hilbert, Jr., Esquire P.O. Box 265 Red Lion, PA 17356-0265 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. Harrisburg, PA 17108 Attorneys for Defendant Telephone: (717) 234-4261 80173.1 NOTICIA Le han demandado a usted enla 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 fom-u~ escrita sus defensas o sus objeciones a las demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL EINERO 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 CONSEQUIR 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 CIVIL DIVISION Raymond Muniz 5335 North George Street, Ext. Manchester, PA 17345 VS. Plaintiff File No. O Civil Action -Tort Aaron Cluck, 1732 Cushing Green Camp Hill, PA : Defendant COMPLAINT Comes now the Plaintiff, Raymond Muniz, by and through counsel and for a cause of action against the Defendant, Aaron Cluck, states as follows: 1. Plaintiff Raymond Muniz, is an adult resident of Manchester, York County, Pennsylvania. 2. Defendant Aaron Cluck is an adult resident of Camp Hill, Cumberland County, Pennsylvania. 3. On May 1, 2000, the Plaintiff was stopped in traffic on Interstate 83, near the New Cumberland Exit, in Cumberland County, Pennsylvania. 4. Also at that time, the Defendant Aaron Cluck was driving an automobile in the same direction on Interstate 83. 5. The Defendant Aaron Cluck, suddenly and without warning drove a vehicle into the rear of the Plaintiff's vehicle. 6. The collision caused the Plaintiff to suffer bodily injury. 7. The collision was the direct result of the negligence and reckless driving of the Defendant Aaron Cluck and was not caused by the Plaintiff in any manner. 8. At the aforesaid time and place, the negligence of the Defendant, Aaron Cluck, consisted of: a. Failure to stop for traffic ahead of him on the roadway; b. Failure to keep a proper lookout for vehicles and objects ahead of him on the roadway; c. Failure to keep his vehicle under control; d. Driving at a speed, which was excessive for traffic conditions which then and there existed; e. Failure to yield the right of way to the Plaintiff's vehicle ahead of him; f. Failure to reduce his speed to avoid an accident, and, g. Failure to stop before crashing into the Plaintiff's vehicle. 9. At the aforesaid time and place, and by reason of the Defendant's negligence as aforesaid, the Plaintiff, Raymond Muniz, was caused to suffer shock and damage to his physical, emotional and mental systems, both known and unknown existing weaknesses and pre-existing conditions, if any, of the Plaintiff were injured and damaged. 10. As a direct result of the negligence of the Defendant, the Plaintiff sustained painful injuries, including, but not limited to: post-traumatic rotator cuff tendonitis. 11. As a direct result of the Defendant's negligence and carelessness, the Plaintiff has been forced to incur medical and hospital bills and miscellaneous expenses for his care and treatment and will be forced to incur future expenses for such treatment. 12. At the time of the accident, the Plaintiff was covered and insured by a policy of insurance which provided full tort coverage. 13. Plaintiff Raymond Muniz demands judgment against the Defendant in an amount in excess of the amount requiring arbitration. Wherefore, the Plaintiff, Raymond Muniz, demands judgment against the Defendant, Aaron Cluck, in an amount in excess of thirty thousand dollars. Date: May 1, 2002 Red Lion, PA 17356-0265 (717) 417-1234 VERIFICATION I hereby certify that Raymond Muniz was temporarily unavailable to sign the verification. I have made investigation into the facts and allegations contained herein and certify that they are true and correct to the best of my knowledge information and belief. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2002-02131 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MUNIZ RAYMOND VS CLUCK AARON BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland Count'y, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CLUCK AARON the DEFENDANT , at 1959:00 HOURS, on the 7th day of May at 1732 CUSHING GREEN , 2002 CAMP HILL, PA 17011 DOUGLAS CLUCK, FATHER a true and attested copy of by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit o00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this /7 ~ day of  z~_,~2002~ A.D. ~ Prbt;nonotary ' So Answers: R. Thomas Kline 05/08/2002 PERRY HILBERT ~ Deputy Sheriff Jefferson J. Shipman, Esquire I.D. #51785 ~OLDBER~, KATZ~4AI~ & SHIPMAN, P.C. 320 Market Street P.O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant RAYMOND MUNI Z, VS. A3tRON CLUCK, Plaintiff De fendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO.. 02-2131 : JURY TRIAL DEMANDED PRAECIPE TO THE pROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Aaron Cluck, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. -Je~fe'r~n J. Shipman, Esquire Attorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DATE: May 30, 2002 8O172.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~aday of ~t~_,~_ , 2002, addressed to the following: Perry A. Hilbert, Jr., Esquire P.O. Box 265 Red Lion, PA 17356-0265 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. ~i%f~frson ~. Shipman, P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Telephone: (717) 234-4261 Esquire 80173.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION Raymond Muniz 5335 North George Street, Ext. Manchester, PA 17345 VS. Plaintiff File No.: 02-2131 Civil Action -Tort Aaron Cluck, 1732 Cushing Green Camp Hill, PA Defendant ANSWER TO NEW MATTER Comes now the Plaintiff, and in response to the Defendant's New Matter, states as follows: 14. 15. 16. Admitted Denied, the plaintiff ad full tort coverage Denied, this paragraph asserts a legal conclusion which is one of the issues of the case. However, the Plaintiff would not have had the injuries but for the Defendant's negligence. Denied, at all times relevant hereto, the Plaintiff acted itt a reasonable person in regard to his own safety. Denied, Plaintiff, at the time of the accident, had been stopped in congested traffic for over ten seconds, when the Defendant, drove onto the 17. 18. highway and into the Plaintiff's vehicle. Wherefore having fully answered the Defendant's New Matter, the Plaintiff demands judgment in his favor and against the Defendant. Respectfully Submitted 510 North Main Street P.O. Box 265 Red Lion, Pa 17356-0265 (717) 417-1234 VERIFICATION I, the undersigned, Raymond Muniz, hereby affirm that the facts contained in the foregoing Answer to New Matter are true and correct to the best of my knowledge information and belief. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsificatio~to a thori es. Date ~7 ~ <~3 -Z._ ZR~.~on~Vi-u~z ,,,. r//id ' !/fir//] CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer to New Matter, was mailed postage prepaid this ~'~' day of Ju}t~ 2002, to: Jefferson J. Shipman, Esquire P.O. Box 1268 Harrisburg, PA 17108 Jefferson J. Shipman I.D.//51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Aaron Cluck RAYMOND MUNIZ, Plaintiff AARON CLUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O2-2131 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documems and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) (4) Of Intent. No objection to the subpoenas has been received; and The subpoenas to be served are identical to the subpoenas attached to the Notice GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I.D. # 51785 ' 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: //~//e) 3 t Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, on the day of J 0/lc,, 6t/-'~/ ,2003, / addressed as follows: Perry A. Hilbert, Jr., Esquire P.O.Box 265 Red Lion, PA 17356-0265 By. GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Jefferson J. Shipman I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17t08-1268 (717) 234-4161 Counsel for Defendant, Aaron Cluck RAYMOND MUNIZ, Plaintiff AARON CLUCK, Defendant IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2131 CIVIL ACTION - LAYV JURY TRIAL DEMANDED TO: NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Raymond Muniz and Perry A. Hilbert, Jr., Esquire P.O.Box 265 Red Lion, Pa 17356-0265 PLEASE TAKE NOTICE that Defendant intends to serve ten subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~ Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified postage prepaid, at Harrisburg, Pennsylvania, on the ' / day of ~ 0 4o: o ~, ~ ,2003, ./ addressed as follows: Perry A. Hilbert, Jr., Esquire P.O.Box 265 Red Lion, Pa 17356-0265 GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Raymond Muniz, Plaintiff : Aaron Cluck, : Fi]e Nc Defendant : 02-2131 SUBPOENA TO FOR D ISOO\tERY PURSUANT TO RULE 4009.22 TO: Bruce Sicilia. M-D. (Na~e of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following c~ts or things: any and all medical records, reports, correspondence, diagnostic test results pertaining to Raymond Muniz SSN: 104-54-9284 DOB: 1/18/63 at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268 (Address) Y.z~ may de]iver o~ mail legibte comies of the docu-0ents or produce things requested by this subpoena, together with the certificate of cc~]iance, 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 c~ies or producing the things sought. If you fait to produce the ~nts or things required by this subpoena within twenty (20) days after its service, the party serving this subpoeHamay seek a court order cor{iettir:g you to comply with it. THIS SU~PCENA WAS ISSUED AT THE REQUEST OF THE FOLLC~IN~ P[RSON: NN~: Jefferson J. Shipman, Esquire ADORESS: Goldberg, Katzman & Shipman,P.C. ---320 Mu~ket St., F.O. Box 1268 T~LEPHC~45: 717-234-4161 SUPREP~! CCORT ID ~ 51785 A'CfORNffY FOR: Defendant the Cou.~'t ~-~ Prothor~ta~y/?lerk, Civ'4,,1' Division (Eff. 7/S?) Raymond Muniz, Plaintiff V. Aaron Cluck, Defendant 02-2131 SUBPOCNA TO PROOUOE DCXD~NTS OR THINGS FC~ DISCOVERY PURSUANT ¥O RULE 4009.22 TO: Dr. Walter C. Peppelman__ (N~roe of Person or Entity) Wi.thin twenty (20) days after service of this subpoena, you are ordered by the court to prodoce the following doctrnents o~ things: am~.~ed~ca] rmrnrR~, r~pnr~=, cnrr~npn~dence, at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268 (~d<Jress) Y.~., may deliver or ~it legible ccxoies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party~akin9 this request at the addrass listed above. You have the right to seek in advancs the reasonable cost of preparin~ 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 CCnlSe~lir:9 you to ccrnpty with it. THIS SUB~NA WAS ISSUED AT THE REQLI~ST OF THE FOLLOMINX3 PISR,SO~: NAME: Jeffermon J. Shipman~ Esquire ADORESS: Goldberg, Katzmmn & Shipman, P-C. ~O i~k=t SL., P.O. Bo~ 1268-- Marrisburg,_PA 1~108-1268 TELEPHOI~E: 717-23A-A161 SUPREI"IIE ~m ID ~ S1785 OATE: SealWof the Cou:-t BY ~TH~. COURT: ~ , ~ ~ y~ , 'vit JTivision (Elf. 7/97) . O~'¥"~,B~F~AL"D3 OF PPJiQ~YLVAN]SA Raymond Muniz, : Plaintiff : 02-2131 : f~ )e No. Aaron Cl~ck~ : SUBPOENA ¥O PROOOC:E EX~£NTS OR TH I [~ FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Guaranteed Overni?,ht Delivery (Name of Person or Entity) Within twenty (20) days afte~ service of this subpoena, you are ordered by fphe court to produce the fo] ]owim9 doc~r~mts c~ things: a_ny and all~¢mplo_vment reenrdm; cnmpPn~fln~: t~me and~tl~ndanc~_r_e_colds, pojz~onnel records, payroll and Salary ropnrr% ~oa~eml roenrHn as-an employee, workers' compensation file pertaining to Raymond Muniz SSN: 104-54-9284 DOB: 1/18/63 a~GOldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268 (Address) Yc~ may deliver or mai] legible copies of the docg~ents or produce th~ngs requested by th~s subp0ema, together with the certificate of ccrnp]iance, to the party makin9 th~s request at the address listed above. You have the right to seek in advam, ce the reasomable cost o~ prepareD9 the cop~es or producer9 the th~ngs sought. If you fai] to produce the doctn~nts or th~ngs required by thSs subpoena w~thin twenty (20) days after i~s service, the party servim9 this subpoeIla may seek a court order compeller9 you to cc~p]y w~th it. l~lS SUB~AWAS l$SblO ATT HE REQUeST OF THE FOLLC~ING PERSON: NA~E: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. ADDRESS: 328--Mark~[ SL,, P-O. Bo~ 1268 Marrisburg,_ PA 1__7108-1268 TELEPHONE: 717-234-4161 SUPREI~E COURT ID ~ 51785 ATTORNEY FOR: Defendant DATE: Seat of the Court BY / COL~RT: (Elf. '7/97) Raymond Muniz, Aaron Cluck, Plaintiff Defendant Fi ]e No. 02-2131 SUBPOENA TO PRODUCE DOCt~£NTS OR TH I NGG FOR DISCOVERY PURSUANT TO RULE 4009.27 TO: Allstate Insuranc~ Cqmpaqy (Na~e of Person c~ Entity) Within twenty (20) days after service of this subpoena, you are o~dered by thecoumt to produce the follc~in9 doctr~ts or things: any and ali. insurance records, clalmn r-cords, report re~iing_pz~i~y ~-~pertaining to Raymond Nuniz SRN: lnA-g&-9284 nmg~l/!8/aB _ at GOldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268 (Address) Yeo ~ay deliver o~ n'~it legible comies of the documents or pmoduce things requested by this subpoena, together with the c~tificate of ~li~ce, to the p~ty ~kin9 this r~uest at the address listed ~ve. Y~ have the ri~t to s~k in advice the feasible cost o~ prep~im9 the ~ies or pm~ucim9 the things s~ght. If y~ fail ~ pr~uce the ~nts ~ things re~ired by this sub~a within twenty (20) days aft~ its s~vice, the p~ty serving this sub.erda ~y seek a ~rt ~der ~ellir:9 y~ ~ ~ly with it. 7H15 SUB~NA WAS ISSUED AT THE RECL~ST O~ Th~ F~L~I~ PER~: N.~: Jefferson J. Ship--n, Esqnire ~SSS: ~ldberg, Katz~n & Ship--n, P-C. 320 ~i~k~L SL., P.O. Bu~ ~_PA ~108-1268 ~LEP~: 717-2q4-A16) ~R~ ~t' ID ~ 51785 A~NEY F~: Defendant ] of the Cou:-t ,,' Prothonotlary/Clerk,-Civ~ Division (Eff. 7/g7) Raymond Muniz, Plaintiff ¥. Aaron Cluck, Defendant F'~'Je No. 02=2131 TO: HealthSouth Rehab SUBPOENA TO PRO~ DOC~'[NTS OR TH INSTg FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ~derc~J by the c~urt to produce the fol]owin9 ~ts o~ thinss: any and all medical records, reports, correspondence, diagnostic test results pertaining to Raymond Muniz SSN: 104-54-9284 DOB: 1/18/63 at Goldberg, Katzman & Shipman, 320 Mmrket St., P.O. Box 1268, Rarrisburg, PA 17108-1268 (~ck:lress) Y.~ r~y deliver or mail legible co~ies of the documents or produce thinBs requested by this subpoena, together with the certificate of compliance, to the pa~tymakin9 this request at the address listed above. You have the right to seek in adva~.ce the reasonable cost of preparim9 the copies or producing the things sought. If you fait to produce the documents o~ things required by this subpoena within twenty (20) days after i~s service, the party servin9 this subpoena may seek a court order ccrrlSellir:9 you to comply with it. T~IS SUBPCENAWAS ISSUED ATT HE REQ~STOFTHE FOCLC~IN<3PERSON: NAP~Z: Jefferson J. Shipmmu, Esquire Gol~be£g, KaLzmau & Sbip~, P.C. ADORESS:~.0 Market St,. P-O. Box 1268 Harrisburg, PA 17108-1268 TELEPHE~E: 717-234-4161 ~IPREME GOu~T ID ~ 51785 A~-~ORNEY FOR: Defendant DATE: Seal o~ the court BY . Prothor~taFy?¢terk, Oiv~YDivision (Elf. Raymond Muniz, V. Aaron Cluck, Plaintiff Defendant CDU~Y OF O]t4B~ig]~13 [51e No. 02-2131 TO: Memorial Hospital SL~3PO~}~ TO PRODUCE DC)C~£[f]-S OR THIN3fi FOR DISOOVERY PURSUANT TO RULE 4009.22 (Name of Person or Enti%y) Within twe~Ly (20) days after semvice of this subpoena, you ape c~'dered by ~he cou~L to ................................ 268 (Address) Y.~J may deliver or mail tegible ccoies of the docuT~mts em produce ~hings requested by this subp~a, t~eth~ wi[h the c~tificate of ~]i~ce, to ~he p~[y~kim9 this r~uest at the addrmss listed ~ve. Y~ have the riel to s~k in adv~ce the feasible cost of prepping the ~ies or p~ucim9 the things s~ght. If y~ fail ~ pp~uce the ~nts ~ things re~ired by this sub~a within twenty (20) days aft~ i(s s~vice, the p~ty serving this sub.era ~y seek a ~rt ~der ~e]lir;g y~ ~ ~]y with it. THIS SL~POENA WAS ISSUED AT YHE REQOEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire AEOREss. GOldberg, Katzman & S~ipman, P.C. '~-l~a~keL St., P.O. ~u~ 1268 Marris~~A 17108-1~68 TELEPPE)NE:717-?34-&16] SUPREF~OOURT ID ~ 51785 At-FC~N~Y FOR: Defendant DATE: Sea 1~ of the Cou:'t BY ~E, CO'JRT: /-~ ,// , Prothonotp~y~Olerk, Civi0/Division (Eff. MST) Raymond Muniz, Plaintiff V. Aaron Cluck, Defendant 02-2131 SUBPOENA TO PR(XXIOE DOC~bPFS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PJAX (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and ail employment records, compensation, and attendance records, personnel records, payroll and salary reports, medical records as an employee, workers' compensation file pertaining to Raymond Muniz SSN: 104-54-9284 DOB: 1/18/63 at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Rarrisburg, PA 17108-1268 (Address) Y.~ n~y deliver or mail ]egible copies of the d~cuments or produce things requested by this subpoena, together with the certificate of compliance, to the pa~tyn~king this request at the addrmss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fait to produce the doom~nts or things required by this subpoena within twenty (20) days after its service, the p~ty serving this subpoena may seek a court order ccrnisellir;g you to cc~ly with it. THIS SU~F:K)ENLA WAS ISSUED AT THE RE(g-I~ST OF THE FOULOWlI'~ PERSON: Jefferson J. Shipman, Esquire NAM~: ACORNS9: 320 Market St., P.O. Box 1268 Harrisburg, PA 17108-1268 TELEP~K)~E: 717-234-4161 SL~R~ ~ ]l ID :Il 51785 ATYORNEY FOR: Defendant "~'~ea~ of the Prothc~o, tar~/C ] erk, C.~Vi Division ~ty (Eff. 7/97) Raymond Muniz, : Plaintiff : v. : File No. Aaron Cluck, : Defendant : 02-2131 SIJ~3POENA TO PRODUG~ EOCA~ENTS OR TH I No--'g FOR D ISOOVERY PURSUANT TO RULE 4009.22 TO: ~timum Staffing, Inc. (Nar0e of Person or Entity) Within twenty (20) days afte~ service of this subpoena, you are o~dened by the court to produce the following docunemts o~ things:and and all employment records, compensation, time and attendance records, perso~el records, payroll and salary reports, medical records as an employee, workers' compensation file pertaining to Raymond Muniz SSN: 104-54-9284 DOB: 1/18/63 at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 1268, Harrisburg , PA 17108-1268 (Address) Y.~d n~y deliver or mail legible cooies of the documents or produce things requested by this subp0e~a, together with the certificate of cc~liance, to the party m~king this request at the address listed above. Yo~ have the right to seek in advance the reasomable cost of preparing the copies or Droducin9 the things sought. If you fail to prc~uce the documents or things required by this subpoena within twenty (20) days after its service, the party servins this subpoena may seek a court order c:c:r~ellir;g you to ~ly with it. /HIS SUbPOeNA WAS ISSLS:D AT/HE REQO~STO~/HE FOLLC~IN~PERSC~: N~: Jefferson J. Shipman, Esquire ~ESs:~ldberg, Katz~n & Ship~, 3~ ~ket 5c., P.O. ~ ~~17108-]268 ~LE~E: 717-234-4161 ~R~ ~T ID ~ 51785 A~NEY F~: Defendant SeaTM] of the Cou?t ~Pr0thonota~Y/,C~erk, Civ~ Division ~ .,'/ / k~~ Deputy (Eff. Raymond Muniz, : Plaintiff : : F~]e No. Aaron Cluck, : ~efendant : 02-2131 SUBPOENA TO ~PROEXY3~ EEX]~ENTS OR TH1 t~Sq FOR DISOOVERY~ PURSUAI,,q- TO RULE 4009.22 TO:~.H. Gladfelter Company__ (Name of Pe~s~ c~ Entity) Within twenty (20) days af~e~ service of this subpoena, you a~e o~deped by ~e ~p5 to pp~uce the fo]]~Jm9 d~Ls ~ ~h~ngs: any and ail emplo~ent records, perso~el records, medical records as an employee, workers' compensation file including any cla~s info~tion pertaining to Ra~ond Muniz SSN: 104-54-9284 DOB: 1/18/63 at Goldberg, Katzman & Shipman, 320 Market St., P-O. Box 1268, Harrisburg, PA 17108-1768 (Address) Y.~ ~ay delive~ c~ mail legible co~Jes of the docc~ents or produce th~ngs requested by th~s sub--a, t~eth~ with the c~t~ficate of ~1i~ce, to the p~ty~king this r~uest at the address listed ~ve. Y~J have the riCt to s~k 5n advice the feasible cosL o~ prep~Sng Lhe ~ies or pr~uc~ng the things s~gh~. If y~ fait ~ pp~uce the ~n[s ~ ~hings Per,red by this sub~a within (20) days af~ 5(s s~vice, the p~ty serving this sub~erta~y seek a ~pL ~ellir:g y~ ~ ~]y wSth ~lS ~ WAS IS~D AT ~E RE,ST ~ ~ F~L~I~ PER~: N~: Jefferson J-Ship~t], [squire ~ldberg, Katx~n & Ship--n, P.6. ~ESS:--~20 ~atkeL St., ~.O. Bu~ 1~ ~g~ PU7108-1268 ~LEP~E: 717-234-4161 ~R~ ~T ID ~ 51785 A~NEY F~: Defendant Seat of the BY ,THE OCYJRT: 1 . (Eff. 7/97) Raymond Muniz, : Plaintiff : : F~ )e No. Aaron Cluck, : Defendant : 02-2131 SUBPOEt~ TO PROE)CkDE DOS~NTS FOR DISCX)VERY PL~RSUANT TO RULE 4009.22 TO: ~taffin~d Sm]~tJo~8 (Na~e of Person c~ En~ity) Within twenty (20) days after semvice of this subpoena, you are omdemed by ~e ~mt to pr~uce the roll--in9 ~ts ~ th~ngs: any and all emplo~ent records, compensation, time and attendance records, perso~el records, payroll and sala~ reports,medical records as an employee, workers' compensation file pertaining to Rmymond ~,niz SSN: 104-54-928~ DOB: 1/18/63 at Goldberg, Katzman & Shipmm~, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268 (Address) Yow ~ay deliver or mail tegibte cooies 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. Yow have the right to seek in advance the reasc~able cost of preparing the c~ies or producing the things sought. If you fait to produce the documents or things required by this subFx~ena within twenty (20) days after its service, the party serving this subpoeriamay seek a court order coT~Seltir:g you to c~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUeST OF THE FOLLCMIN~PERSON: NAMe: Jefferson J. Ship_ma~n, Esquire ADDRESS- Goldberg, Katzman & Shipman P.C. '~20 Ma[ket St., P.O. Box 1268 ~_tmba~rg._~A 171flfl-]?~fl _. TELEPHONE: 717-234-4161 SUPREt'I~ COURT ID :1:! 51785 ATTORNEy FO~: Defendant Sea~i of the Cou:-t (Eff. 7/97) Jefferson J. Shipman I.D.//51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Hardsburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Aaron Cluck RAYMOND MUNIZ, Plaimiff AARON CLUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2,131 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREOUISITE 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 hereby certifies that: (1) A Notice Of'Intent To Serve A Subpoena, with a copy of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party 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 objection to the subpoena has been received; and (4) The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. :,, GOLD~, KATZMAN & SHIP~, P.C. By ~ Jefferson J. Shipman,'Esquire · Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant CEKT~CATE OF SERV~CF. I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class postage prepaid· at Harrisburg, Pennsylvania, on the t' '-/74~day of addressed as follows: Perry A. Hilbert, Jr., Esquire P.O.Box 265 Red Lion, PA 17356-0265 · 2003, GOLDBERG, KATZMAN & SHIPMAN, P.C. Jef~rson J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Jefferson J. Shipman I.D.//51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Aaron Cluck RAYMOND MUNIZ, Plaintiff V. AARON CLUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2131 CIVIL ACTION - LAW JURY TRIM. DEMANDED TO: NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND TI~INGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Raymond Muniz and Perry A. Hilbert, Jr., Esquire P.O.Box 265 Red Lion, Pa 17356-0265 PLEASE TAKE NOTICE that Defendant intends to serve one 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 subpoena may be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified postage prepaid, at Harrisburg, Pennsylvania, on the 0 ¢/-~ day of fi4 0, ~r £ [¢ addressed as follows: Perry A. Hilbert, Jr., Esquire P.O.Box 265 Red Lion, PA 17356-0265 ,2003, GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jefferson J Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel lbr Defendant Raymond Muniz, Plaintiff Aaron Cluck, Defendant : F~ ]e t,lo. : : 02-2131 SUBPOENA TO PROOLE:ff EOC~£NTS OR TH I NG'S FOR D I SCOVERY PI.~SUANT TO RULE 4009.22 CNA Insurance TO: (Name of Person or Entity]) Within twenty (20) days after service of this subpoena, you ~re ordered by the court to produce the following c~ts or things: any and all workers' compensation claim~ records, medical records pertaining to ~aymond Muniz SSN: 104-54-9284 DOB: 1/18/63 at Goldberg, Katzman& Shipman, 320 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268 (~ddress) You ~ay deliver or mail le~ibte cooies of the doccrnents or produce things requested by this subpoena, to~ether with the certificate of compliance, to the p~rtymaking this request at the address listed above. You have the right to seek in adv~n, ce the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the doctments or things required by this subpoena within twenty (20) days after i(s service, the p~rty serving this subpoena may seek a court order ccm~ellir;g you to ccmply with it.. TH I S SLt~PC~NA WAS ISSUED AT THE REQUEST O~ THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire goldberg, Kat~man & Shipman, P.C. ADO~FSS:--~-~0"-rl~-k~L' o-~' , F u~ Bu~ 1268 Marrisburg~ PA .17108-1268 IELEP~K~E: 717-234-4161 SL~REME COL~T ID 451785 ATTORNEY FOR: Defendant CATE: Seal of the Court BY 71dE ~T: Prothonot~py/Ol~<k, Civil Division (Eff. '7/97) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION Raymond Muniz Plaintiff File No.: 02-2131 VS. Aaron Cluck, Defendant PRAECIPE Civil Action -Tort To the Prothonotary: Please enter the above captioned matter as settled and discontinued as to all issues and matters. Perry <,/~ ilb~j~ Jr., Bar. No.:~5162 Counsel for the Plaintiff P.O. Box 265 Red Lion., PA 17356-0265 (717) 417-1234 CERTIFICATE OF SERVICE I hereby certify that a copy of the above Praecipe was mailed postage prepaid to: Jefferson J. Shipman, Esquire P.O. Box 1268 Harrisburg, PA 17108 3 _, 2003