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HomeMy WebLinkAbout06-5804 STATE OF PENNSYLVANIA JAMES J. SPUDIS and VIRGINIA M. SPUDIS, } IN THE Plaintiffs } COURT OF COMMON PLEAS } of Cumberland County vs. } } CINDY TYSON } NO. &D -EBO4 0ivj l 1°75 Le,,-, !Ae f 1\4 Defendant } rv?e?t??hks ?,?? ; PA !'?oSs PRAECIPE FOR SUMMONS To The Prothonotary of said County: ISSUE a Writ of Summons in CIVIL ACTION - LAW. LIEVER, HYMAN & POTTER, P.C. ti - By. DON F. MITH, JR., E UI Attorn y or Plaintiffs P.O. Box 782 Reading, PA 19603-0782 610-375-6131 ID#28780 C-) - ''' 0 r ` G3h T { = ?' F r-' f-TI ? '91f° _ rT, M ? O ? .rte 00 V- COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND OF CUMBERLAND COUNTY, PENNA DOCKET NO. 6(v- 5804 Civil Term JAMES J, SPUDIS and VIRGINIA M. SPUDIS, Plaintiffs VS. CINDY TYSON, Defendant SUMMONS IN CIVIL ACTION - LAW TO: CINDYTYSON, PS l.?ncas?? I?v?J -PA r7o-c5 Defendant J YOU ARE NOTIFIED THAT: JAMES J. SPUDIS and VIRGINIA M. SPUDIS, Plaintiffs, have commenced an action against you. PROTHONOTARY DATE: 0 4 po By ?Ulki P. =4 . DKB Deputy Prothon ry (SEAL) PLAINTIFF'S ATTORNEY r NAM ALD F. SMITH, "JO, ESQUIRE ADD ESS: LIEVER, HYMAN & POTTER, P.C. P.O.Box782 READ I NG,PA19603-0782 ID#28780 PHONE NO. 610-375-6131 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05804 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPUDIS JAMES J ET AL VS TYSON CINDY WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TYSON CINDY the DEFENDANT , at 1458:00 HOURS, on the 5th day of October 2006 at POE HEALTH SOUTH REHAB HOSP 175 LANCASTER BLVD MECHANICSBURG, PA 17055 by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 36.80, 10/06/2006 1 9, i? os big LIEVER HYMAN & POTTER Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. .t THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com JAMES J. SPUDIS and VIRGINIA M. SPUDIS, Plaintiffs V. CINDY TYSON, Defendant Attorney for Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 06-5804 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendant in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE AND NOW, this 51 day of April, 2007, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 THOMAS, THOMAS & HAFER, LLP l_._- 4 C. Kent Price, Esquire C7 0 ./" .00 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com JAMES J. SPUDIS and VIRGINIA M. SPUDIS, Plaintiffs Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. CINDY TYSON, Defendant : NO. 06-5804 PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule directing Plaintiffs to file a Complaint against Defendant within twenty (20) days or non pros seq. reg. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANT J" THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com JAMES J. SPUDIS and VIRGINIA M. SPUDIS, Plaintiffs Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. CINDY TYSON, Defendant NO. 06-5804 RULE TO FILE COMPLAINT TO: James J. Spudis and Virginia M. Spudis c/o Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 You are hereby directed to file a Complaint against Defendant within twenty (20) days or non pros seq. reg. - di?4" Proth notary DATED: gpe,?L 1 (t).007 r-? J CD c7 t`7s"•t THOMAS, THOMAS & HAFEP, LLP C. Kent Price, Esquire 305 North Front Street Attorney I.D. 06776 P.O. Box 999 717-255-7632 Harrisburg, PA 17108 Attorneys for Defendants JAMES J. SPUDIS and IN THE COURT OF COMMON PLEAS OF VIRGINIA SPUDIS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 06-5804 V. CIVIL ACTION - LAW CINDY TYSON, JURY TRIAL DEMANDED Defendant CERTMCATE 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, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated April 9, 2007, and executed by Plaintiff's counsel, Donald F. Smith, Jr., Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. THOMAS, THOMAS & HAFER, LLP Date: 'y//3/07 C. Kent Price, Esquire I.D. Number: 06776 305 N. Front Street Post Office Box 999 Harrisburg, PA 17108 (717) 255-7632 495302.1 THOMAS, THOMAS & HAFERLLP ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 APR 10 200,7 www.tthlaw.com C. Kent Price (717) 255-7632 kpriceguhlaw. com April 9, 2007 Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 Re: Spudis v. Tyson No.: 06-5804 Our File No.: 347.70539 Dear Attorney Smith: Enclosed please find a Notice of Intent to Serve Subpoenas, pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Very truly yours, THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paraleg to C. Kent Price /rls:493643.1 Enclosure ?cfvk-0-0 Esquire, counsel for Plaintiff, have no objection to the serving of the subpoenas identified in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defendant shall provide me with copies of all records they obtai pursuant to these subpoenas. Date: 0 b 7 squire I t) 'J Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP BY:?iI'?7?1 Date: L,/' q10 7 C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7632 Attorney for Defendant 493637.1 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs v. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Ashland Regional Medical Center, 101 Broad Street, Ashland, PA 17921. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04/17/1949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 493623.1 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Rajnish P. Chaudhry, M.D., One Norwegian Plaza, Suite 205, Pottsville, PA 17901. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04/17/1949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburq, PA 17108 TELEPHONE:. (717) SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 493623.2 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04/17/1949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Adolph Wychulis, M.D., 24 S. Main Street, Shenandoah, PA 17976. Seal of the Court 493623.3 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs v. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Northeast Physical Therapy Associates, 1 West Broad Street, Hazleton, PA 18201. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04/17/1949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 493623.4 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs v. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Schuylkill Open MRI, 48 Tunnel Road, Suite 102, Pottsville, PA 17901. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04/17/1949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P. 0. Box 999 Harrisburg, PA 17108 TELEPHONE:, (717) SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 493623.5 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs v. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Robert W. Mauthe, M.D., 4976 Route 309, Center Valley, PA 18034. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04/17/1949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 493623.6 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Good Samaritan Regional Medical Center, 700 E. Norwegian Street, Pottsville, PA 17901. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04/17/1949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE:. (717) SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 493623.7 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Robert E. Wilson, D.O., 1245 S. Cedar Crest Boulevard, Suite 301, Allentown, PA 18103. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04/1711949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 Prothonotary/Clerk, Civil Division SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Deputy DATE: Seal of the Court 493623.8 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs v. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, V. Benjamin Nakkache, M.D., 166 Hanover Street, Suite 202, Wilkes-Barre, PA 18702. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04/17/1949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 493623.9 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Mahoning Valley Orthopedics, 246 N. 6th Street, Lehighton, PA 18235. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04/17/1949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE:. (717) SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 493623.10 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paraleg to C. Kent Price Date: Il Y 0-3 493637.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 THOMAS, THOMAS & HAFER, LLP By: ??EZ Rick Stains, Jr., Paraleg to C. Kent Price Date: ? I S 10 495302.1 "? ? "?T1 ??..? ?? F 1 1 y`am' ?? . .. ... 1 ??,_? r m :-F"? / 1 ' y11 ? // 1 . ? ?# LIEVER, HYMAN & POTTER, P.C. BY: DONALD F. SMITH, Jr., ESQUIRE IDENTIFICATION No. 28780 P. O. BOX 782 READING, PA 19603-0782 (610) 375-6131 To: Defendant: You are hereby notified to plead to the within Complaint within twenty (20) days of service hereof or a default judgment . maybe WX re d gai Wu By. Attorn I ' s JAMES J. SPUDIS and VIRGINIA M. : IN THE COURT OF COMMON PLEAS SPUDIS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CINDY TYSON, Defendant CIVIL ACTION - LAW NO. 06 - 5804 COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 1 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 1. The Plaintiffs herein demand judgment in excess of Fifty Thousand Dollars ($50,000.00), as set forth more fully hereafter. 2. The Plaintiff, Virginia M. Spudis, is an adult individual who resides at 500 West Main Street, Ringtown, Schuylkill County, Pennsylvania. 3. The Plaintiff, James J. Spudis, is an adult individual also residing at 500 West Main Street, Ringtown, Schuylkill County, Pennsylvania. 4. The Defendant, Cindy Tyson (hereinafter "Tyson"), is an adult individual with a last known address of 6419 Terrace Court, Lower Paxton Township, Dauphin County, Pennsylvania. 5. On October 7, 2004, at approximately 8:00 A.M., the Plaintiff, Virginia M. Spudis, was operating a 1992 Buick Roadmaster automobile and was stopped on the exit ramp from Route 581, waiting to enter the northbound lanes of United States Route 15 in Cumberland County, Pennsylvania. 2 6. At the aforesaid time and place, the Defendant, Tyson, was operating a 2003 Subaru on the aforesaid exit approaching the stopped vehicle of the Plaintiff. 7. At the aforesaid time and place, the Defendant, Tyson, failed to stop her vehicle and thereby caused a collision with the vehicle being operated by the Plaintiff, Virginia M. Spudis. The collision resulted from the negligence, carelessness, recklessness and wantonness of the Defendant, Tyson. 8. The carelessness, negligence, recklessness and wantonness of the Defendant, Tyson, consisted of the following: (a) Being inattentive to other traffic on the highway. (b) Failing to be in control of her vehicle so as to be able to stop within an assured clear distance ahead. (c) Failing to be in control of her vehicle so as to be able to stop without causing injury to others using the said highway. (d) Failing to observe the highway ahead of her. (e) Operating her vehicle contrary to Sections 3310, 3361 and 3714 of the Pennsylvania Motor Vehicle Code. 3 FIRST COUNT VIRGINIA M. SPUDIS, CINDY TYSON, Plaintiff vs. Defendant 9. The Plaintiff, Virginia M. Spudis, incorporates by reference each and every of the allegations contained in Paragraphs 1 through 8, inclusive, as fully as though the same were here set forth at length. 10. As a result of the negligence, carelessness, recklessness and wantonness of the Defendant, Tyson, the Plaintiff, Virginia M. Spudis, suffered multiple trauma, cervical strain/sprain, cervical disc protrusions at C4-5 and C5-6, cord compression, aggravation of left shoulder tendonitis, headache pain and other conditions arising from her injuries, all of which have rendered her sick, sore, lame and disordered and caused her to undergo great mental anguish and physical pain and suffering and will cause her to undergo great mental anguish and physical pain and suffering in the future. 11. As a result of the aforesaid injuries, the Plaintiff, Virginia M. Spudis, has had to undergo extensive medical treatment and, furthermore, she is at risk to have to undergo additional medical treatment, including surgery, in the future. 12. By reason of the aforesaid injuries, the Plaintiff, Virginia M. Spudis, 4 has suffered and will continue to suffer disability. 13. By reason of the aforesaid injuries, the Plaintiff, Virginia M. Spudis, has incurred medical expenses and is at risk to incur further medical expenses for treatment of the injuries suffered from the said collision. 14. By reason of the aforesaid injuries, the Plaintiff, Virginia M. Spudis, has suffered and will continue to suffer a loss of wages and benefits due to being unable to work as a result of the aforesaid injuries. 15. By reason of the aforesaid injuries, the Plaintiff, Virginia M. Spudis, has suffered and will continue to suffer a loss of earning capacity. 16. By reason of the aforesaid injuries, the Plaintiff, Virginia M. Spudis, has suffered and will continue to suffer an impairment to her enjoyment of life. 17. As a result of the aforesaid injuries, the Plaintiff, Virginia M. Spudis, has suffered a serious impairment to her physical function and will continue to do so into the future. WHEREFORE, the Plaintiff, Virginia M. Spudis, demands judgment against the Defendant, Cindy Tyson, for past and future pain and suffering, past and future loss of wages, past and future loss of earning capacity, past and future medical expenses, past and future impairment of the enjoyment of life and other losses arising from the said injuries in an amount in excess of Fifty Thousand Dollars ($50,000.00) 5 SECOND COUNT JAMES J. SPUDIS, CINDY TYSON, Plaintiff vs. Defendant 18. The Plaintiff, James J. Spudis, incorporates by reference the allegations contained in Paragraphs 1 through 17, inclusive, as fully as though the same were here set forth at length. 19. The Plaintiff, James J. Spudis, is the husband of the Plaintiff, Virginia M. Spudis, and has been her husband at all times relevant to the allegations contained in this Complaint. 20. Solely because of the negligence of the Defendant, Tyson, the Plaintiff, James J. Spudis, has been deprived of the comfort, companionship, services and assistance of his wife, Virginia M. Spudis, as a result of the injuries suffered by her in the aforesaid collision and, furthermore, will be deprived of such comfort, companionship, services and assistance in the future. WHEREFORE, the Plaintiff, James J. Spudis, demands judgment against the Defendant, Cindy Tyson, for past and future deprivation of the comfort, companionship, 6 services and assistance of his wife, Virginia M. Spudis, and other damages arising from the said injuries, in excess of Fifty Thousand Dollars ($50,000.00). LIEVER, HYMAN & PQ,TTER, P.C. rl- U \1 i BY: DOJ? F. SMITH, JR., E'SQ14?E 1. D. 28780 Attorneys for the Plaintiffs P. O. Box 782 Reading, Pennsylvania 19603-0782 610-375-6131 7 VERIFICATION VIRGINIA M. SPUDIS, verifies that she is the Plaintiff in the within matter; that the attached Complaint is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the Complaint is that of counsel and not of Plaintiff. Plaintiff has read the Complaint and to the extent that the Complaint is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, she has relied upon counsel in making this Verification. She understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. VIR IA M. SPUDIS Date: ?/?10J 7 VERIFICATION JAMES J. SPUDIS, verifies that he is the Plaintiff in the within matter; that the attached Complaint is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the Complaint is that of counsel and not of Plaintiff. Plaintiff has read the Complaint and to the extent that the Complaint is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, he has relied upon counsel in making this Verification. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. JAMES J. SPUDIS 7 Date: ` ? 3 ?_U LIEVER, HYMAN & POTTER, P.C. BY: DONALD F. SMITH, Jr., ESQUIRE IDENTIFICATION No. 28780 P. O. BOX 782 READING, PA 19603-0782 (610) 375-6131 JAMES J. SPUDIS and VIRGINIA M SPUDIS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CINDY TYSON, Defendant CIVIL ACTION - LAW NO. 06 - 5804 CERTIFICATE OF SERVICE 1, Donald F. Smith, Esquire, attorney for Plaintiffs, certify that on May 1, 2007, a copy of the attached Complaint, was served upon the following party(ies) by first class mail, postage prepaid: C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Attorney for Defendant This Certificate is made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. LIEVER, HYMAN & POTTER, P.C. Dona ith, Jr., Esqui Attorney ID No. 28780 50 North 5th Street - 4th Floor P.O. Box 782 Reading, PA 196-3-0782 610-375-6131 Attorneys for Plaintiffs DATED: May 1, 2007 C-; FT -? , -s _,_ ? _ ? i? - GJ ? ..) - y s C ., . ? ^'y~• .ry - ?? r ?? ,... ;?' ., z , . ?' ? ? ? -? t THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com JAMES J. SPUDIS and VIRGINIA M. SPUDIS, Plaintiffs V. CINDY TYSON, Attorney for Defendant Cindy Tyson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-5804 Defendant NOTICE TO: James J. Spudis and Virginia M. Spudis c/o Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 YOU ARE HEREBY notified to plead to the enclosed New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP DATED: 51 30 t 9,o to -7 C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANT 4 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com JAMES J. SPUDIS and VIRGINIA M. SPUDIS, Plaintiffs V. CINDY TYSON, Defendant Attorney for Defendant Cindy Tyson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-5804 DEFENDANT'S ANSWER WITH NEW MATTER 1. No answer is required. 2. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. 4. Admitted with clarification. Defendant's primary address and place of residence is R.D. 1, Box 4805, Beaver Springs, Snyder County, Pennsylvania. 5. Admitted. 6. Admitted. 7. Denied. To the contrary, Defendant brought her vehicle to a complete stop behind the Plaintiff's stopped vehicle on the entrance ramp and waited for northbound traffic to clear so that both stopped vehicles could eventually enter northbound Route 15. When the Plaintiff began to move forward as if to enter Route 15, Defendant looked to her left to check for on-coming traffic and then began to move forward where she made contact with the Plaintiff's vehicle which had again stopped. 8. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant caused or contributed to causing the contact between the vehicles as the result of any careless, negligent, reckless and/or wanton act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). FIRST COUNT Virginia M. Spudis v. Cindy Tyson 9. The answers set forth above in paragraphs 1 through 8 are incorporated herein by reference. 10. Denied. The allegations regarding negligence, carelessness, recklessness and wantonness are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant caused or contributed to causing the alleged injuries and damages as the result of any careless, negligent, reckless and/or wanton act or omission. By way of further answer, such allegations are denied in accordance with Pa.R.C.P. 1029(e). The remaining allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 11. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 12. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 13. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 14. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 15. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 16. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 17. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. WHEREFORE, Defendant Cindy Tyson demands judgment in her favor and against Plaintiff Virginia A Spudis. SECOND COUNT James J. Spudis v. Cindy Tyson 18. The answers set forth above in paragraphs 1 through 17 are incorporated herein by reference. 19. Denied. The allegation is denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 20. Denied. The allegation regarding negligence is a conclusion of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant caused or contributed to causing the alleged injuries and damages as the result of any negligent act or omission. By way of further answer, such allegation is denied in accordance with Pa.R.C.P. 1029(e). The remaining allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. WHEREFORE, Defendant Cindy Tyson demands judgment in her favor and against Plaintiff James J. Spudis. NEW MATTER 21. Plaintiffs' claims may be barred or limited by application of the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1701 et seq. 22. Plaintiffs' claims may be barred or limited by application of the doctrine of Comparative Negligence. 23. Some or all of Plaintiff Virginia Spudis' injuries may be due to or the result of pre-existing conditions. 24. Plaintiff Virginia Spudis may have failed to mitigate her damages. 25. Plaintiffs' claims may be barred by the applicable statute of limitations. 26. The injuries alleged by Plaintiff Virginia Spudis may not constitute serious injury. 27. Defendant reserves the right to amend this New Matter as a consequence of discovery. WHEREFORE, Defendant Cindy Tyson demands judgment in her favor and against Plaintiffs Virginia M. Spudis and James J. Spudis. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANT 500585.1 VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. 3 Cindy Tys DATED: Jc ( zs) Z007 CERTIFICATE OF SERVICE AND NOW, this 30 dray of May, 2007, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Answer with New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. BOX 782 Reading, PA 19603-0782 THOMAS, THOMAS & HAFER, LLP ,iyvcs?. C. Kent Price, Esquire G -, 1 t=, - rn :; - N3 Z7 , i 4 LIEVER, HYMAN & POTTER, P.C. BY: DONALD F. SMITH, JR., ESQUIRE ATTORNEY ID NO. 28780 50 NORTH 5T" STREET, 4T" FLOOR P.O. BOX 782 READING, PA 19603-0782 610-375-6131 JAMES J. SPUDIS and VIRGINIA M SPUDIS, Plaintiffs vs. CINDY TYSON, Defendant Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06 - 5804 PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 21. Denied. It is denied that the Plaintiffs' claims may be barred or limited by the application of the Motor Vehicle Financial Responsibility Law. On the contrary, it is averred that the claims set forth in their Complaint are viable claims under the Motor Vehicle Financial Responsibility Law. By way of-further reply, it is averred that the allegations set forth in Paragraph 21 of Defendants' New Matter is a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. 22. Denied. It is denied that Plaintiffs' claims may be barred or limited by the application of the doctrine of Comparative Negligence. On the contrary, the Plaintiff, Virginia M. Spudis, committed no act that would constitute negligence or fail to act where she had a duty to do so, such as to constitute negligence. It is further averred that the claims of the Plaintiffs result solely from the carelessness, negligence, -1- recklessness and wantonness of the Defendant, Cindy Tyson, as set forth in Paragraph 8 of Plaintiffs' Complaint and those allegations are incorporated herein by reference and made a part hereof. By way of further reply, it is averred that the allegations set forth in Paragraph 22 of Defendants' New Matter is a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. 23. Denied. It is denied that the injuries claimed in the Plaintiffs' Complaint may be due or the result of pre-existing conditions. On the contrary, the injuries set forth in Paragraph 10 of Plaintiffs' Complaint result solely from the negligence of the Defendant, Tyson. By way of further reply, it is averred that the allegations set forth in Paragraph 23 of Defendants' New Matter is a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. 24. Denied. It is denied that the Plaintiff, Virginia M. Spudis, may have failed to mitigate her damages. On the contrary, the Plaintiffs have taken all the necessary steps to mitigate the damages suffered. By way of further reply, it is averred that the allegations set forth in Paragraph 24 of Defendants' New Matter is a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. 25. Denied. It is denied that the Plaintiffs' claims may be barred by the applicable statute of limitations. On the contrary, the subject action was commenced with the issuance of a Writ of Summons on October 4, 2006 and was timely served on October 5, 2006, all of which was within the applicable statute of limitations. By way of further reply, it is averred that the allegations set forth in Paragraph 25 of Defendants' New Matter is a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. -2- 26. Denied. It is denied that the injuries suffered by the Plaintiff, Virginia M. Spudis, may not constitute serious injury. On the contrary, the injuries suffered by the Plaintiff, Virginia M. Spudis, have severely impaired her physical function. By way of further reply, it is averred that the allegations set forth in Paragraph 26 of Defendants' New Matter is a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. 27. Denied. It is denied that the Defendant has a right to amend the New Matter as a consequence of discovery. By way of further reply, it is averred that the allegations set forth in Paragraph 27 of Defendants' New Matter is a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. LIEVER, HYMAN & POTTER, P. C. h Ilk By. Donal Smith, Jr., Esquire Attorney ID No. 28780 50 North 5th Street, 4th Floor P.O. Box 782 Reading, PA 19603-0782 610-375-6131 Attorneys for Plaintiffs DATED: R? Z Z D U? -3- VERIFICATION VIRGINIA M. SPUDIS, verifies that she is the Plaintiff in the within matter; that the attached Plaintiffs' Reply to New Matter of Defendant is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the Plaintiffs' Reply to New Matter of Defendant is that of counsel and not of Plaintiff. Plaintiff has read the Plaintiffs' Reply to New Matter of Defendant and to the extent that it is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the Plaintiffs' Reply to New Matter of Defendant is that of counsel, she has relied upon counsel in making this Verification. She understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. VI GI A M. S UDI Dated: Z Z ©? d C N O P Q n s we -T !'7 2 ? Cq r. Va ,? p'a -VfTi :S3 ?3 ;Az -n 7 . rn 5 cn cry THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant C. Kent Price, Esquire Attorney I.D. 06776 717-255-7632 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREOUISTTE 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, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated June 26, 2007, and executed by Plaintiff's counsel, Donald F. Smith, Jr., Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoenas are attached to this certificate; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. THOMAS, THOMAS & HAFER, LLP Date: 0.2$_03 C ) 6 1.3 C. Kent Price, Esquire I.D. Number: 06776 305 N. Front Street Post Office Box 999 Harrisburg, PA 17108 (717) 255-7632 495302.2 THOMAS, THOMAS &HAFER LLP ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 JUN 2 7 2007 www.tthlaw.com C. Kent Price (717) 255-7632 kprice@tthlaw.com June 26, 2007 Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 Re: Spudis v. Tyson No.: 06-5804 Our File No.: 347.70539 Dear Attorney Smith: Enclosed please find a Notice of Intent to Serve Subpoenas, pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. /rls:493643.5 Enclosure Very truly yours, THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal t C. Kent Price Esquire, counsel for Plaintiff, have no objection to the serving of the subpoenas identified in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defendant shall provide me with copies of all records they obtain pursuant to these subpoenas. n kj Date: ?/ 2 & ? Esquire Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY 'PURSUANT TO `RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP By: C ?VVJ C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7632 Attorney for Defendant Date: (12(fl/U-7 493637.2 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, NB Liebman Furniture Co., 4702 Jonestown Road, Harrisburg, PA 17110. (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: A complete copy of the employee personnel file of Virginia Spudis, SSN: 178-42-8374, DOB.: 04/17/1949, including applications, resumes, performance evaluations, disciplinary actions and all other employment records, etc., without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 512992.1 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person or Entity) VVdhin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the employee personnel file of Virginia Spudis, SSN: 178-42-8374, DOB.: 04/17/1949, including applications, resumes, performance evaluations, disciplinary actions and all other employment records, etc., without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 Custodian of Records, Grand Central, 40 South Vine Street, Hazleton, PA 18201. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED Prothonotary/Clerk, Civil Division ATTORNEY FOR: Defendant DATE: Seal of the Court Deputy 512992.2 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Erie Insurance Company, 4901 Louise Drive, P.O. Box 2013, Mechanicsburg, PA 17055 (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: A complete copy of the workers' compensation claims file, without limitation, regarding VIRGINIA SPUDIS, Claim Number: 010170796679, including, but not limited to, application for benefits, physician's statements, wage verifications, policy declarations page(s) showing coverages, summaries of payments made, medical records and reports, bills, photographs, Peer Review reports, IME reports, court transcripts, correspondences and all other documents and things, etc. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg. PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 512992.3 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Orthopedic Associates, 700 Schuylkill Manor Road, #1, Pottsville, PA 17901. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04117/1949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 512992.4 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Pottsville Hospital, 420 S. Jackson Street, Pottsville, PA 17901. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 0411711949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 512992.5 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Boa 782 Reading, PA 19603-0782 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralega to C. Kent Price Date: 493637.2 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 THOMAS, THOMAS & HAFER, LLP r-?5? By: Rick Stains, Jr., Paralegal W/ C. Kent Price Date: 4! 2 s` 495302.2 Ca N iV7 5„ ri THOMAS, THOMAS & HAFER, LLP 305 North Front Strut P.O. Box 999 Harrisburg, PA 17108 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant C. Kent Price, Esquire Attorney I.D. 06776 717-255-7632 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED E $PXEQ&tA P UANT TO MME 4909:22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoena and waives the Notice of Intent to Service Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated November 3, 2008, and executed by Plaintiffs counsel, Donald F. Smith, Jr., Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. THOMAS, THOMAS & HAFER, LLP Date: 111090b C. Kent Price, Esquire I.D. Number: 06776 305 N. Front Street Post Office Box 999 Harrisburg, PA 17108 (717) 255-7632 495302.3 THOMAS, THOMAS & HAFERLLP ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 )VOy - 3 ? , October 29, 2008 Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 Re: Spudis v. Tyson No.: 06-5804 Our File No.: 347.70539 Dear Attorney Smith: www.tthlaw.com C. Kent Price (717) 255-7632 kprice@tthlaw.com Enclosed please find a Notice of Intent to Serve Subpoena, pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me atyour earliest convenience. Thank you for your attention to this matter. Very truly yours, THOM?A?S`, THOMAS & HAFER, LLP By: c Rick Stains, Jr., Parale to C. Kent Price /rls:493643.9 Enclosure I, ? V?d?a A r , 31- Esquire, counsel for Plaintiff, have no objection to the serving of the subpoenas identified in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defendant shall provide me with copies of all records they obtain pursuant to these subpoenas. Date: 11 ZUZ' , Esquire Bethlehem Office • 3101 Emrick Blvd, Suite 310, Bethlehem, PA 18020 *Phone: (610) 868-1675 *Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 *Phone: (412) 697-7403 *Fax: (412) 697-7403 Baltimore Office • Six East Mulberry Street, Baltimore, MD 21202 *Phone: (410) 752-0075 *Fax: (410) 752-4744 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE ;SUBPOENA _ TO PRODUCE DOCUMENTS AND THINGS FORDISCOVERY PURSUANT TO MULE 4009.21 Defendant 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 subpoena may be served. THOMAS, THOMAS & HAFER, LLP By: C- C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7632 Attorney for Defendant Date: 1 i; /2 c J U 5 637865.1 t JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Spine and Brain Neurosurgery Center, 601 Spruce Street, West Reading, PA 19611. (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 all correspondences, hospitalization and medical records regarding treatment rendered on behalf of VIRGINIA SPUDIS, SSN: 178-42-8374, DOB: 04/17/1949, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray/MRI films/images or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 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 parry 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: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 637861.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 THOMAS, THOMAS & HAFER, LLP By: - Rick Stains, Jr., Parale 1 to C. Kent Price Date: / ('/ I w/ 637865.1 CERTIFICATE O1F' SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal o C. Kent Price Date: /T"7U 5- 495302.3 Cw CG %. N 1 JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant :IN THE COURT OF COMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE IS GIVEN HEREWITH that, pursuant to Pennsylvania R.C.P. 4007. 1, the deposition of Defendant, CINDY TYSON of 641Terrace Court, Lower Paxton Township, Dauphin County, Pennsylvania, will be taken on oral deposition before a certified court reporter at the offices of C. Kent Price, Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, P. O. Box 999, Harrisburg, Pennsylvania on the 13"' day of April, at 11:30 o'clock a. m., and at any and all adjournments thereof. This lawsuit arises out of an automobile accident involving the Plaintiff, Virginia M. Spudis, while operating a 1992 Buick Roadmaster automobile that occurred on October 7, 2004 at approximately 8:00 A. M., on the exit ramp from Route 581, at the entrance of the northbound lanes of United States Route 15 in Cumberland County, Pennsylvania. LIEVER, HYMAN & POTTER, P.C ?ti eq Date: By Q--r ANDREW F. FICK, ESQUIRE I. D. #65331 Attorneys for Plaintiffs P. O. Box 782 Reading, PA 19603-0782 Telephone: (610) 375-6131 Fax: (610) 375-1234 PC C. Kent Price, Esquire, Attorney for Defendant 44f 1 -71 ?b+u JAMES J. SPUDIS and :IN THE COURT OF COMON PLEAS OF VIRGINIA SPUDIS, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 06-5804 V. : CIVIL ACTION - LAW CINDY TYSON, : JURY TRIAL DEMANDED Defendant : CERTIFICATE OF SERVICE I, Andrew F. Fick, Esquire, attorney for Plaintiffs, certify that on ?cbi?ury? I3 , 2009, a copy of the attached Notice of Taking Deposition on Oral Examination under Pennsylvania R.C.P. 4007. 1, was served upon the following party(ies) by first class mail, postage prepaid: C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant This Certificate is made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. LIEVER, HYMAN & POTTER, P.C. Andrew F. Fick, Esquire I. D. #65331 Attorneys for Plaintiffs P. O. Box 782 Reading, PA 19603-0782 Telephone: (610) 375-6131 Fax: (610) 375-1234 DATED: f 3 b - ? n E c z 340 .4 LIEVER, HYMAN & POTTER, P.C. BY: ANDREW F. FICK, ESQUIRE ATTORNEY ID NO. 65331 50 NORTH 5T14 STREET - 4TH FLOOR P.O. BOX 782 READING, PA 19610-0782 610-375-6131 Attorneys for Plaintiffs, JAMES J. SPUDIS and VIRGINIA SPUDIS JAMES J. SPUDIS and VIRGINIA SPUDIS, Plaintiffs V. CINDY TYSON, Defendant :IN THE COURT OF COMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5804 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please withdraw my appearance on behalf of the Plaintiffs, James J. Spudis and Virginia Spudis, in the above-captioned matter. Date:: 40J it, 7 001 4ibTH, DONAL FJR., ES .. I. D.# 28780 TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of the Plaintiffs, James J. Spudis and Virginia Spudis, in the above-captioned matter. Date: _?? r` I `? 1 11 ANDREW F. FICK, ESQUIRE I. D.# 65331 Attorneys for the Plaintiffs P. O. Box 782 Reading, Pennsylvania 19603-0782 Telephone: 610-375-6131 LIEVER, HYMAN & POTTER, P.C. BY: ANDREW F. FICK, ESQUIRE ATTORNEY ID NO. 65331 50 NORTH 5TH STREET - 4TH FLOOR P.O. BOX 782 READING, PA 19610-0782 610-375-6131 Attorneys for Plaintiffs, JAMES J. SPUDIS and VIRGINIA SPUDIS JAMES J. SPUDIS and JN THE COURT OF COMON PLEAS OF VIRGINIA SPUDIS, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 06-5804 V. : CIVIL ACTION - LAW CINDY TYSON, : JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Andrew F. Fick, Esquire, attorney for Plaintiffs, certify that on t44 -I I ? , 2009, a copy of the attached Praecipe for Withdrawal/ Entry of Appearance, was served upon the following party(ies) by first class mail, postage prepaid: C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant This Certificate is made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. LIEV R, HYMA s OTTER, P.C. Andrew F. Fick, Esquire I.D. #65331 Attorneys for Plaintiffs P. O. Box 782 Reading, PA 19603-0782 Telephone: (610) 375-6131 Fax: (610) 375-1234 DATED: It 6 ?' FILED ?-, lr,F w .? t OF THE F }-'r'N,''TARY 2009 APR 17 P ri 2: 0 Q ~~3Y ~..,~ E ',. I .. .. t~C~'di`~~~ I !.. JAMES J. SPUDIS and VIRGINIA IN THE COURT OF COMMON PLEAS M. SPUDIS, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION -LAW CINDY TYSON, NO. 06-5804 Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the docket in the above-captioned matter as settled and discontinued with prejudice. LIE ER, H & POTTER, P.C. Andrew Fick, Esquire 50 North 5th Street P.O. Box 782 Reading, PA 19603-0782 ATTORNEY FOR PLAINTIFFS