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Home My WebLink About02-4419EDWIN DUFFUs, Plaintiff LAURA ATKINS, Defendant IN THE COURT OF COMMON PLEAs CUMBERLAND COUNTy, PENNSYLVANIA : No. 02- q¥19 Civil : : CIVIL ACTION - LAW : JURy TRIAL DEMANDED 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 Plaintiff. You may lOse money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOw TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (800) 990-9108 or (717) 249-3166 EDWIN DUFFUS, Plaintiff VS. LAURA ATKINs, Defendant IN THE COURT OF COMMON PLEAs CUMBERLAND COUNTy, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED COMP~AIN~_ AN-D NOW Comes the Plaintiff, Edwin Duffus, by and through his attorney, Leslie R. Fields, Esquire, and respectfully represents as follows in support of this Complaint: Back round Alle ations 1. Plaintiff, Edwin DUffus, is an adult individual residing at 212 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Laura Atkins, is an adult individual residing at 121 Shirksville Road, Jonestown, Lebanon County, Pennsylvania 17038. 3. The events giving rise to this action took place on or about September 21, 2001, at apProximately 3:54 p.m., at the Sunoco gas Station located at 680 North Hanover Street, near its intersection with Clay and North East Streets, in the borough of Carlisle, Cumberland County, Pennsylvania. 4. Plaintiff, Edwin Duffus, was operating his bicycle and traveling southbound on North Hanover Street when Defendant, Laura Atkins, Operating a motor vehicle and also traveling southbound on North Hanover Street, attempted to make a righthand turn into the aforesaid Sunoco gas Station and struck Plaintiff and his bicycle, thereby causing the damages and injuries to Plaintiff set forth in more detail below. ~ence: Plaintiff v. ~;efendant 5. The averments set forth in paragraphs 1 through 4 above are incorporated herein by reference as if fully set forth. 6. At the aforesaid time and place, the collision and injuries resulting therefrom Were Caused by the negligent, careless and/or reckless actions of Defendant, Laura Atkins, (a) Operated her motor vehicle in a manner; in that she: Careless (b) violated Section 3714 of the Motor Code on "Careless driving,, (75 Pa.C.S. and, thus, is negligent per se; (c) failed to yield the right of way to Plaintiff,s bicycle; (d) turned into the path of Plaintiff,s bicycle; (e) failed to stop before causing an accident; (f) failed to keep a proper lookout; (g) failed to see what she should have seen; (h) failed to notice the imminence of an accident and to take the necessary Steps to avoid the same; (i) failed to maintain her vehicle under proper and adequate control; and (J) acted without regard for the Safety and rights of Plaintiff. Vehicle § 3714) 2 7. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Laura Atkins, the Plaintiff, Edwin Duffus, has suffered injuries which were and are Severe, painful, Serious and permanent. These injuries include, but are not limited to: (a) low back pain with lumbar radiculopathy; (b) WOrsening of disc herniations; (c) foraminal Compromise bilaterally; (d) Vertebral disc deformities; and multiple abrasions and bruises. 8. As a further direct and proximate result of the negligent, Careless and/or reckless acts of the Defendant, Laura Atkins, the Plaintiff, Edwin Duffus, has been obligated to receive and undergo medical attention, Care and expenses for the injuries he has suffered and may be obligated to continue to incur such expenses for an indefinite time in the future. 9. As a further direct and proximate result of the negligent, Careless and/or reckless acts of the Defendant, Laura Atkins, the Plaintiff, Edwin Duffus, has suffered a loss of earnings and/or impairment of his earning Capacity and power. 10. As a further direct and proximate result of the negligent, Careless and/or reckless acts of the Defendant, Laura Atkins, the Plaintiff, Edwin Duffus, has suffered medically determinable physical impairments which have prevented him from 3 performing all of the normal acts and duties which Constitute his USual and customary daily activities and may Continue to do so for an indefinite time in the fUture. 11. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Laura Atkins, the Plaintiff, Edwin Duffus, has experienced Severe pain and suffering, mental anguish and humiliation, and in the future may Continue to so experience. 12. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Laura Atkins, the Plaintiff, Edwin Duffus, has suffered a loss of life,s Pleasures and in the future will Continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, Edwin Duffus, demands judgment against Defendant, Laura Atkins, in an amount in excess of the COmpulsory arbitration limits, plus costs and interest as provided by law. RESPECTFULLY SUBMITTED: ~ar~et Street/P.o. Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 ATTORNEY FOR PLAINTIFF DATED: September ~_~_, 2002. VERIFICATION I, Plaintiff, Edwin Duffus, do hereby Verify that the statements made in the foregoing document are true and Correct to the best of my information and belief. I understand that false Statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to Unsworn falsification to authorities. DATED: September ~ , 2002. 5 SHERIFF'S RETURN - CASE NO: 2002-04419 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUFFUS EDWIN VS ATKINS LJtURA OUT OF COUNTY R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ATKINS LAUP~A but was unable to locate Her in his bailiwick. deputized the sheriff of LEBANON County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On September 30th 2002 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lebanon Co 75.64 .00 112.64 09/30/2002 COSTOPOULOS FOSTER FIELDS Sworn and subscribed to before me this 7~- day of ~ _ ~0P~ A.D. f ~ Pr0fhon~ta~y R. Thbmas Kline /- Sheriff of Cumberland County NOTICE & COMPLAINT No. 02-4419 EDWIN DUFFUS vs. LAUP~A ATKINS Lebanon, PA, September 25, 2002 (RETURN TO SHERIFF OF CUMB. CO.) DOCKET PAGE 18347 STATE OF PENNSYLVANIA t COUNTY OF LEBANON SS: Deborah A. Miller, Chief Deputy Sheriff, being duly sworn according to law, deposes and says that she served the within NOTICE & COMPLAINT upon LAURA ATKINS, the within named DEFENDANT, by handing a true and attested copy thereof, personally to her, on September 24, 2002, at 1:20 o'clock P.M., at the Sheriff's Office, 400 South Eighth Street, Lebanon (City), Lebanon County, Pennsylvania, and by making known to her the contents of the same. Sworn to and subscribed before me this 25th day of September, I I L"~ ~.8,~ J A.D. , 2002 Notary Public SO ANSWERS, CHIEF ~EPUTY SHER~W~ .x,'g'~ SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced costs paid on 9/19/02 Check No. 38189 Amount 100.00 Costs incurred: Refund: Check No. 12448 Amount 75.64 Amount 24.36 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff,s fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 In The Court of Common Pleas of Cumberland County, Pennsylvania Edwin Duffus VS. Laura Atkins SERVE: Laura Atkins 02 4419 civil No. Now, September 17, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within ..,~ /, ~ ~ upon o'clock ~ M. served the by handing to a and made known to · copy of the original the contents thereof. So answers, COSTS Sworn an~d~scribed before SERVICE me this day of.ff~e~,~r , 20 County, PA F:\FILESkDATAFILE~lh-gdoccur\146.praA/tde Created: 10/14/02 08:20:14AM Revised: 10/14/02 08:24:59AM 7837.146 EDWIN DLrFFUS, Plaintiff LAURA ATKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4419 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant, Laura Atkins, in the above matter. Dated: October 14, 2002 MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Willi/f~/s, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Laura Atkins CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street, P.O. Box 222 Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 22, 2002 EDW1N DUFFUS, Plaintiff V. LAURA ATKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4419 CIVIL ACTION - LAW JURy TRIAL DEMANDED ANSWER AND NOW, comes the Defendant, Laura Atkins, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows: 1. Admitted based on information received. 2. Defendant currently resides at 423 Jonestown Road, Jonestown, PA 17038. 3. Admitted. 4. Denied that Defendant struck Plaintiff and his bicycle; to the contrary, Plaintiff struck Defendant. It is further denied that the damage and injuries to Plaintiff resulted from said collision. The balance of the averment is admitted. NEGLIGENCE Edwin Duffus v. Laura Atkins 5. Paragraphs 1 through 4 hereof are incorporated herein by reference thereto. 6. Denied that Defendant was negligent both in general and in the particulars set forth in Paragraph 6 of Plaintiff s Complaint. 7-12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the nature, extent and causation of Plaintiff's injuries, if any, and the sequelae of same. WHEREFORE, Defendant demands judgment against Plaintiff. 13. reference. 14. NEW MATTER The averments of paragraphs 1 through 12 of this Answer are incorporated herein by The collision referred to in Plaintiffs Complaint was caused solely due to the negligence of Plaintiff in that he: 15. attempted to pass Defendant on the right; failed to observe Defendant's right turn signal; failed to maneuver his bicycle to avoid colliding with Defendant's vehicle; was traveling too fast for conditions then and there existing; failed to keep a proper look-out for vehicles entering into a gas station; and f. such other and further particulars as will be demonstrated at the time of trial. For the reasons set forth above, Defendant raises the affirmative defense of contributory negligence. 16. Plaintiff s claims are barred by the applicable Statute of Limitations. 17. Plaintiff's recovery is barred or reduced by the Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 18. Plaintiff's injuries do not involve death, serious impairment of bodily function or permanent disfigurement. WHEREFORE, Defendant demands judgment in her favor and dismissal of Plaintiff's Complaint with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO By "~ ~na.,~..~I ~t t~ Thomas J. Willi'~rns, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Laura Atkins Dated: October 29, 2002 VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Laura Atkins CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street, P.O. Box 222 Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 29, 2002 EDWIN DUFFUS, Plaintiff LAURA ATKINS, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-4419 Civil : : 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 documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party, and the opposing party has waived the twenty day waiting period for subpoena to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: November 18, 2002 ~ L~~elds, esquire Attomey for the Plaintiff EDWIN DUFFUS, Plaintiff LAURA ATKINS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-4419 Civil : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: // ~ L,e~lie M. Fields, Esquire A"ttomey for the Plaintiff EDWIN DUFFUS, Plaintiff LAUR~ ATKINS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-4419 Civil : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Progressive, 5165 Campus Drive, Plymouth Meeting, PA 19462-1135 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things at Costopoulos, Foster & Fields 831 Market Street, Lemoyne, PA 17043: Any and all records of any kind, including but not limited to the entire first party benefit file, notes, internal memoranda, calculations, photographs, video or surveillance films, bills, receipts, logs, or documents of any kind related to the claim of Edwin Duffus, claim number 017126799, in connection with Mr. Duffus' claims for medical or wage loss benefits under the policy of insurance issued to Timothy Atkins. 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 of 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 the subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Leslie M. Fields, Esquire Costopoulos, Foster & Fields I.D. No. 29411 831 Market Street/P. O. Box 222 Lemoyne, PA 17043 (717) 761-2121 Attorney for Plaintiff DATE: Prot~/tary Seal of the Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DUFFUS Vs. ATKINS : NO. 024419 : CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and thin§s pursuant to Rule 4009.22 THOMAS J WILLIAMS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3.No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 01/08/03 f :? ..'.. · . File #: M294129 THOMAS J WILLIAMS, ESQUIRE MARTSON DE3~DORFF TEN EAST HIGH ST CARLISLE, t~ 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 624-5304 By: Colleezx Laird IN ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DUFFUS ATKINS Vs. NO. 024419 TO: LESLIE FIELDS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 12/12/02 THOMAS J WILLIAMS, ESQUIRE MARTSON DFJ~DORFF TEN EAST HIGH ST CARLISLE, ~k 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LE~kL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 624-5304 By: Colleen Laird Enc(s): File #: Copy of subpoena(s) Counsel return card M294129 C~TH OF p~N~4SYLVAN~.[A DUFFUS : VS. : : Fi le No. ATKINS : : : 024419 TO: SUBPOENA TO PROOUCE DOO.I~NTS OR TH I FIGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR ALLAN MIRA, 220 WILSON ST STE 206, CARLISLE PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are Ordered by the court to prc~tuce the fol lowing doctment.~ ~ti~ins~~ , ,,",','r,r~,',,, · at HEDICAL LEGAL REPRODUCTIONS, IN-C, 4940 (Add~ess) You may deliver oc mail legible copies of the docu~mts or produce things requested this subpoena, together with the certificate of cczn~liance, to the party making thi: request at the acidness listed above. You have the right to seek in advance the reasonable cost of pre.oaring the copies or producing the things sought. If you fai 1 to produce the ~nts oc things required by this subpoena within twenty (20) days after its service, the party serving thi.~ subpoena may seek a court ocde,- oompelling you to conply with it. THIS SUBPOENAWAS ISSUED AT THEREQUESTOFTHEFOLLOWlNGPERSON: NAMe: THOMAS J WILLIAMS, ESQ ADORESS: MARTSON DEARDORFF TELEPHONE: SUPREPE COURT ID # ATTORNEY FOR: CAKLiSLE, PA 17013 215-335-3212 M294129-01 /,z / z'z/o DATE: DEFENDANT Seal of the Oou~t BY THE COURT:: Proth<~taryTOFerk, Civil Divisi~ ~ ' ~ty (Eff. 7'/97 ) ADDENDUM TO SUBPOENA DUFFUS Vs. ATKINS No. 024419 CUSTODIAN OF RECORDS FOR: DR ALLAN MIRA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CO~kESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX C~kRDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EDWIN DUFFUS ADDRESS: 212 N WEST ST DATE OF BIRTH: 08/10/54 SSAN: 263975104 CARLISLE PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE ,AND RETURN ] RECORDSAREATTACHEDHERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M294129-01 Authorized signature for DR ALLAN MIRA *** SIGN AND RETURN THIS PAGE *** CO--TH OF p]~]NSYLVANLA DUFFUS : : Vs. : Fi le ~. : ATKINS : : 024419 TO: SUBPOENA TO PROOUCE DOCLIflENTS OR TH I NGS FOR D I SOOVERY PURSUANT TO RULE 4009.22 ALEXANDER SPRING REHAB, 27 BROOKWOOD AVE, CARLISLE PA 17013 (Na~e of Person or Entity) Within twenty (20) days after service of this subpoena, you ame ordered by the court to price the fo l lowing docu~ent.~ ADDEN L?, at You n~y deliver or mai 1 legible copies of the doctments or produce things requested this subpoena, together with the certificate of compliance, to the party making thi~ request at the address listed above. You have the right to seek in advance the rea~onabl~ cost of preparing the copies or producing the things sought. If you fail to produce the doc~nents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde,' ~-rKpelling you to ~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OFTHEFOLLOWINGPERSON: NAME: THOMAS J WILLIAMS, ESQ AL'E)RESS: M_APm~oN ~ARDORFF TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: CARLISLE, PA 17013 215-335-3212 M294129-02 DATE: DEFENDANT Seal of the Oourt BY THE CO~T': Prothonota~-~/'/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DUFFUS VS. ATKINS No. 024419 CUSTODIAN OF RECORDS FOR: ALEXANDER SPRING REHAB ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EDWIN DUFFUS. ADDRESS: 212 N WEST ST DATE OF BIRTH: 08/10/54 SSAN: 263975104 CARLISLE PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of records that, to the best of my:knowledge, information and' belief all documents or things above mentioned 'have been produced. ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M294129-02 Authorized signature for ALEXANDER SPRING REHAB ** * SIGN AND RETURN THIS PAGE *** ~TH OF p~SYLVA~IA DUFFUS : : Vs. : Fi le NB. : ATKINS : : 024419 TO: SUBPOENA TO PROOUCE DOCU~NTS OR THINGS FOR D I SCOVERY PURSUANT TO RULE! 4009.22 M~kGNETIC IMAG CTR, C/O DR GEORGE DURISEK, 4665 TRINDLE RD MECHANICSBURG PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this sub~x~%a, you are ordered by the court to produce the roi lowin docu ent. E i ¥TAC V D ' at MEDICAL LEGAL REPRODUCTIONS, .I-~C, 4940 DISSTON ST., ~ZLA., FA (Address) you may deliver or mail legible co~ies of the ck)c~nents or produce things requested this subpoena, to~ethe~ with the certificate of o~liance, to the pa~tymaking thiz request at the add~ess listed above. You have the right to seek in advance the rea~onabl~ cost of preoaring the co~ies or producing the things sought. If you fail to produce the ~ts or things required by this subpoena within twenty (20) days after its service, the party serving 'this subpoena may seek a court orde,- cc~elling you to oa,~ly with it. TH I S SUBPOENA WAS I SSI.ED AT THE REQUEST OF THE FOLLCW I NG PERSON: TELEPHONE: SUPREFE COURT ID # . A'CI'ORNEY FOR: THOMAS J WILLIAMS, ESQ MmRTm~w ~RARDORFF CARLISLE, =n 17013 215-335-3212 DEFENDANT M294129- 03 DATE: Seal of the BY THE COLRT: Prothcx~otar~/C~lerk, Civil Division g , Deputy (Elf. 7/97) ADDENDUM TO SUBPOENA DUFFUS VS. ATKINS No. 024419 CUSTODIAN OF RECORDS FOR: MAGNETIC IMAG CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX f~kRDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EDWIN DUFFUS ADDRESS: 212 N WEST ST DATE OF BIRTH: 08/10/54 SSAN: 263975104 CARLISLE PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDSAREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENFSAVAfLABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M294129-03 Authorized signature for MAGNETIC IMAG CTR *** SIGN AND RETURN THIS PAGE *** DUFFUS VS. ATKINS (~TH OF p~hq"fLVAB[.[A COUNTY OF ~ : Fi le No. : : : 024419 TO: SUBPOENA TO p~XX~DE~NTSORTHIN~S FO~DISCOV~RYPU~SUANTTO~UtE 4009.22 FAMILY MED CTR, C/O DR BRIAN UNIACKE, 5 WILLOW MILL PARK RD MECHANICSBURG PA 17055 (Name of Person o~ Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to produce the fol lowing docullent.~ at MEDICAL LEGAL REPRODUCTIOi~S, iNC, 4940 DISSTON ST., FkI~.A., ~A .......... (Address) You may deliver o~ mail legible copies of the documents o~ p~oduce things requested bl this subpoena, together with the certificate of ocm~liance, to the party making this request at the adcl~ess listed above. You have the right to seek in advance the reasonable cost of pre.oaring the copies or producing the things sought. If you fail to produce the documents o~ things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court oc~eiling you to c~,~ly with it. THIS SI,IBP(DENA WAS I SSI. JE~ AT THE RE(;~UEST OF THE FOLLONING PERSON: THOMAS J WILLIAMS, ESQ TELEPHONE: SUPRE{'E CO..I:IT ID #__ ATTORNEY FOR: ~ARTSON DEARDORFF CARLISLE, ~A 17013 215-335-3212 DEFENDANT M294129-04 /.~1/~1~-. DATE: Seal of the Oourt BY THE COURT: Prott~a~:)tar~/CX~erk, Civil Division / / D~puty (Eff. '7/97) ADDENDUM TO SUBPOENA DUFFUS Vs. ATKINS No. 024419 CUSTODIAN OF RECORDS FOR: FAM/LYMED CTR AlqY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EDWIN DUFFUS ADDRESS: 212 N WEST ST DATE OF BIRTH: 08/10/54 SSA/q: 263975104 CARLISLE PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS AREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M294129-04 Authorized signature for FAMILY MED CTR *** SIGN AND RETURN THIS ~PAGE *** c~TH OF p~qNSYLVAN~ ~OFC~ DUFFUS : : Vs. : File I~). : ATKINS : : 024419 TO: SUBPOENA TO PROC~~NTS~THINGS FO~DISCOVERY pURSUANT TORUI-E 4009.22 POLYCLINIC HOSP, 2501 N THIRD ST, HARRISBURG PA 17110 ATTN: MEDICAL RECORDS DEPT (Name of Person o~ Entity) Within twenty (20) days afte~ service of this subg~na, you a~e o~de~ed by the court to produce the fol lowin9 dooznent.q in TACIIED ADDEI , L? at PHi'.A · mA .......... MEDICAL LEOAL REPRODUCTIONS, II~C, 494'0 DISSTON ST., · (Address) You may deliver or mail legible copies of the documents or' produce things requested ~ this subl~na, together with the certificate of cxxn~liance, to the party making thi: request at the add~ess listed above. You have the right to seek in advance the rea~ona~l~ cost of preoaring the collies or 0roducing the things sought. If you fai I to produce the docunents or things rec~Jired by this subpoena within twenty (20) days after its serv':ce, the party serving this subpoena may seek a court or'de,' oompell~ you to ccmply with it. THIS SUBPOENA WAS ISSUED AT THE RE(~LIEST OF THE FOLLOWING PERSON: THOMAS J WILLIAMS, ESQ TELEPHONE: SUPREFF_ CO. JRT ID # ATTORNEY FOR: MARTSON DEARDORFF CA~LISLE-, FA ~, 013 215-335-3212 DEFENDANT M294129-05 /,z..//7/ DATE: Seal of the Oou~t BY THE OOL~T: Prot}~)notary/~l~rk, Civil uivision (Eff. 7/97) ADDENDUM TO SUBPO,ENA DUFFUS VS. ATKINS No. 024~19 CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSP ., . including microfilm, microfiche Any and all hospltal_rec°r~L .... rts out-patient records physical emergency room reports, x-ray ~F~ , . . . therapy records, and any other information pertaining to: NAME: EDWIN DUFFUS ADDRESS: 212 N WEST ST CARLISLE PA DATE OF BIRTH: 08/10/54 SSAN: 263975104 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN ' COMPLETE, AND RETURN ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of st of m' knowledge, information and records that, to the ~ thingsYabove mentioned have been produced. belief all documents ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M294129-05 Authorized signature for pOLYCLINIC HOSP * * * SIGN AND RETURN THIS PAGE * * * DUFFUS VS. ATKINS CO~~TH OF pfl~NSYLVANIA : : : : Fi le I~}. : : : 024419 TO: SUBPOENA TO PROOUCE DOCUMENTS ~ THINGS. FOR D I SCOVERY PURSUANT TO ~UI_E 4009.22 CARLISLE REG MED CTR, 246 PARKER ST, CARLSILE PA 17013 ATTN: MEDICAL RECORDS DEPT (Nm of Pe~so~ oc Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~cle~ed by the court to ~IEDICAL ~r,E~ You may deliver oc mail l~ible ~ies of the ~~ts ~ price thin~s re~ueste~ b~ this sub--a, t~eth~ w~th the c~tificate of o~li~ce, to the ~ty ~king th~ r~uest at the ad. ess listed ~ve. y~ have the right to s~k in advice the ~ea~onab~ cost of ~reo~in~ the ~ies or ~r~ucin~ the things s~ght. If y~ fail to pr~uce the ~ts ~ thin~s ~ec~ir~ by this sub~a within twenty (20) days aft~ its s~v~ce, the p~ty s~ving this s~a ~Y s~k a ~rt ~de.' ~ell~ y~ ~ ~ly with it. ~lS ~~ W~ I~ AT ~ RE. ST ~ ~ F~L~I~ PER~: THO~S J WILLIES, ESQ TELEPHONE: SUPREME OOURT ID # ATTORNEY FOR: MARTSON DEARDORFF CA~LISL~ ~ ~ ~013 215-3~5-3212 DEFENDANT M294129-06 t,z./ /"/ DATE: Seal of the Court BY THE OOURT: Prothonota~y~C~/e~k, Cavil uivision (Eff. 7/97) ADDENDUM TO SUBPOENA DUFFUS VS. ATKINS No. 024419 CARLISLE REG IVIED CTR CUSTODIAN OF RECORDS FOR: Any and all hospital records, including microfilra, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: EDWIN DUFFUS ADDRESS: 212 N WEST ST CARLISLE PA DATE OF BIRTH: 08/10/54 SSAN: 263975104 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE, AND RETURN ] RECORDS AREATTACHEDHERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M294129-06 Authorized signature tor CARLISLE REG MED CTR *** SIGN AND RETURN THIS PAGE *** DUFFUS VS. ATKINS cc~THOF p~.qYLVANIA : : : : File l~). : : 024419 TO: SUS~NA TO PROOUC~ 00CUM~NTS ~ 1141NGS FO~ O l SOOVER¥ PURSUANT TO ~_E., 4009.22 CARLISLE IMAG ASSOCS, 900 BRYAN ST STE 2, HUNTINGDON PA 16652 (N~me of Person or Entity) within twenty (20) days afte~ service of this subpoena, you are ordered by the court to produce the fol lowir~J doou~nt.~ ~ti~ir~m~, ~T~ ~~,~TT~ at -~ICAL LEGAL REPRODUCTIONS, (Address) You may delive~ or mail legible copies of the documents this subpoena, togethe~ with the certificate of c~liance, to the party making thi~ request at the &dd~ess listed above. You have the right to seek in advance the rea~onabl~ cost of preparing the co~ies or producing the things sought. If you fail to produce the doc~nents oc things rec~ired by this subpoena within twenty (20) days afte~ its service, the party serving thin subpoena~y seek a court orde.' · oonDelling you to co~l~ly with it. THIS SUBPOISNAWAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: TELEPHONE: SUPRE~ OOURT ID #__ ATTORNEY FOR: MARTSON DEARDORFF CARLISLE, ~ .~7013 DEFENDANT M294129-07 /~./rx/~.z ~ATE: Seal of the Court (Eff. 7/97) ADDENDUM TO SUBPOENA DUFFUS VS. No. 0244:19 ATKINS CUSTODIAN OF RECORDS FOR: CARLISLE IMAG ASSOCS . ING NOTES, CORRESPONDENCE, E RECORDS, INCLUD ' DS AND ANY OTHER D ALL OFFIC ES INDEX CAR . ANY AN S HISTORY NOT , DERED TO. ~,,~x~A X-RAY REPORT , .......... ~ OR TREATMENT REN INFORMATION NAME: EDWIN DUFFUS ADDRESS: 212 N WEST ST CARLISLE PA DATE OF BIRTH: 08/10/54 SSAN: 263975104 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. R. ECOR. D CUSTODIAN - COMPLETE AND R, ETURN ] RECORDS ARE ATTACHED HERETO:I b.ereby certify as custodian of records that, to the best of my knowledge,, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS b.ave been destroyed Date ~uthorized signature ~[or CARLISLE IMAG ASSOCS CUMBERLAND M294129-07 * * * SIGN AND P,,ETUR,N THIS PAGE * * * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DUFFUS Vs. ATKINS NO. 024419 CERTIFICATE P~Q~SI~ TO SER~CE OF A S~POENA P~SU~ TO R~E ~9.22 As a prerequisite to service of a subpoena(s) flor documents and things pursuant to Ru%e 4009.22 THOMAS J WILLIAMS, ESQUIRE certifies that: 1. A Nc~tice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to eac] party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2.A c¢~py of the Notice of Intent, including the proposed sub ~oena(s) is attached to this certificate, 3.No ,bjection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to ~erve the Subpoena(s). Date: 01/17/03 File #: M294569 THOMAS J WILLIAMS, ESQUIRE MARTSON DEARDORFF TEN EAST HIGH ST CARLISLE, PA 17013 717-243-33.41 ATTORNEY FOR DEFENDANT INQUIRIES ;SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 624-!5304 By: Colleen Laird IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DUFFUS ATKINS VS. No. 0124419 TO: LESLIE FIELDS N~TICE OF INTENT TO SERVE A SUBPOEI~IA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFE~ the one(s) a! from the date the undersigr made the subpoena may be served. Date: 12/26/~2 Enc (s): Copy Coun~ File #: M294! )ANT intends to serve a subpoena(s) identical to ;tached to this notice. You have twenty (20) days listed below in which to file of record and serve upon ed an objection to the subpoena. If no objection is of subpoena(s) ;el return card 69 THOMAS J WILLIAMS, ESQUIRE MARTSON DE~RDORFF TEN EAST HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL. LE~kL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 624-52104 By~ Colleen Laird DUFFUS Vs. ATKINS C~TH OF P~VANIA COUNTY OF ~ : Fi le : 024419 TO: produce the fol lowi~ doc~rnent.~ _SUBPOENA TO PROOUCE DO(XJHE~S OR TH I NGS__ F_OR DISOOVERY PURSUANT TO RUL__[ 4009.22 CAm'Tm'E/ OSPITA ITY, i0 S HANOVER ST, CAm,Im,E PA i70i3 (Nm~e of Pepson om Entity) Within twenty (120) days after service of this subpoena, you are ordered by the court to at MEDICAL You may del.iv this subpoena, to~ request at the ad, cost of preparing t~ If you fail t~ (20) days after i compelling you to cc r.E~AL REPRO~!-NC, 4940 DISSTON (Address) ' ' :r or mai 1 legible co~ies of the doc~ne~ts or produce things requested lether with the certificate of cc~l~ance, to the party making thi. ~ess listed above. You have the right, to seek in advance the rea~onabl~ ~e copies or producing the things sought. produce the doc~nents o~ things required by this subpoena within twenty ts sepv~ce, the party serving thin :~ubpoena may seek a court opde,- truly with it. THIS SUBPOENAWAS ISSUED AT THEREQUESTOFTHEFOLLOWlNGPERSON: NAME: THOMAS J WILLIAMS, ESQ ADORESS:__ MART~ON DEARDORFF TELEPHONE: SUPEEPE COURT ID #~ 2 15 2~3--z~T3-~-f~-- ATTORNEY FOR: M294569-01 0i/~2/03 DATE: Sea] of the DEFENDANT ~x~rt (Elf, 7/97) ADDENDUM TO S~UBPOENA DUFFUS Vs. ATKINS No. 024419 CUSTODIAN OF RE~ORDS FOR: CARLISLE HOSPITALITY AND _~_w_s, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS . PRE-EMPLOYMeNT PHYSICALS, WORKMEN'S COMPENSATION CLAIM.q MAD~. A~-v W-2 WITHHOLDINGI TAX FORMS, AND ANY OTHER TNFOPd~.TION ! NAM~: EDWIN DUFFUS ADDRESS: 212 N WEST ST CARLISLE PA DATE OF BIRTH: 08/10/54 SSA~: 263975104 CERT/FIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. REC( ] RECORDS ARI records thc belief all ] NO DOCUMEA has been ma~ been locate, ( ) RECORD ( ) X-RAYS Date M294569.~01 )RD CUSTODIAN - COMPLETE AND RETURN 7ATTACHED HERETO:I hereby certify as custodian of t, to the best of my kncw!edge, information and documents or things above menuioned have been produced. 'TSAVAILABLE: I hereby cerLify tt,~it a thorough search ~e and that no record of the fol].owing documents have ~ (CHECK THE APPROPRIATE BOX): ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Auth~i~-d-%~gnature ~or CARLISLE HOSPITALITY ** SIGN AND RETURN THIS PAGE *** CO~J4~4~%LTH OF p~E~qYL~U% COUNTY OF CU~n~LAt~ DUFFUS Vs. ATKINS 024419 TELEPHONE: SUPREPE COURT ID # ATTORNEY FOR: MARTSON DEARDORFF CA2~LICLE, ~ 17013 215-335-321-2--- M294569-02 DATE: Seal of the DEFENDANT 01/~/03 Oourt (Elf. 7/97) SUBPOENA TO PRO[X JOE ~NTS OR TH I NGS FOR D I SCOVERY PURSUANT TO RULE 4009.22 SUNNYSIDE RESTAURANT, 850 N HANOVER ST, CARLISLE PA 17013 TO: ATTN: PERSONNEL DEPARTMENT (Name of Person oc Entity) Within twenty {_~0) days after service of this subpoena, you are ordered by the court to Droduce the fol low' ~ doctment.~ or~)~ing~nn. ~.T~ at, MEDICAL 5EGAL REPRODU ,. C, 4940 DISSTON ST., ~LA., PA .......... '(Address ) You may de].iw~ or mai] legible co0ies of the doc~ts o~ 0moduce th~m~s requested this sub0oe~a, together with the certificate of compliance, to the oart¥ mak~9 th~ me~uest at the ad, ess listed above. You have the ~ight to seek ia advance the cost of 0re.oarimg t~e co0~es or omoducin9 the th~m~s sought. t~ you fa~] t~ ~roduce the docunemts or thimgs re~u4',red by this subpoena w~th~n twenty (,20% days after 'its ser¥~ce, the 0arty servin9 'this .~ub~ena may seek a court oa-,-~el]~og you to a~]y w~th it. IH~S SUBPOENA WAS [ k~U~0 AT TH~ R~(~J~ST O~ TH~ ~Ot[OW~N~ PERSON: THOMAS J WILLIAMS, ESQ · ADDENDUM TO SUBPOENA DUFFUS Vs. ATKINS CUSTODIAN OF REC ANY EMPLOYMENT REVIEWS, ATTEND~ AND PRE-EMPLOYM~ W-2 WITHHOLDING NAMt ADDRES~ DATE OF BIRT} SS~ No. 024419 ORDS FOR: SUNNYSIDE RESTAURANT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS NCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS ~T PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY FAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: EDWIN DUFFUS 212 N WEST ST 08/10/54 263975104 CARLISLE PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. REC ] RECORDS Al records tk belief ali ] NO DOCUMI has been been locat % ) RECO! ( ) X-RA~. Date M294569-02 ORD CUSTODIAN - COMPLETE AND RETURN tEATTACHED HERETO:I hereby certify as custodian of .at, to the best of my knowledge, information and documents or things above mentioned have been produced. ~NTSAVAILABLE:I hereby certify that a thorough search Lade and that no record of the following documents have .ed (CHECK THE APPROPRIATE BOX): PAT-_J~ ~ "' .DS ( ) TP~m ~LL_NQ S ( ) RECORDS / XRAYS have been destroyed Authorized signanure for SUNNYSIDE RESTAUP3-NT *** SIGN AND RETURN THIS PAGE *** F:~FILES~DATAFILE~Progressive7832~Documents\146.ceHcom/tde Created: 12/03/02 09:22;21AM Revised: 03/26/03 03:35:13 PM 7837.146 EDWIN DUFFUS, Plaintiff Vo LAURA ATKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4419 CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RU1,E 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) day notice; Defendant's paralegal contacted Plaintiff's counsel and received a waiver of the 20 (2) a copy of the proposed subpoena is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: March 26, 2003 MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Will~/ms, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for De fendant C~'~,i~TIt O~ PI~qNb-'YLVANIA EDWIN DUFFUS, Plaintiff V. LAURA ATKINS, Defendant File No. 02-4419 TO: F~St~ENA TO PROOUCE I:X:X:::U~NTS OR THINGS DISOOVERY PURSUANT TOFKJLE 4009.2____.~2 Nationwide Insurance Company (Name of Person o~ Entity)~ Within twenty (20) days aftep service of thus subpoena, you a~e o~de~ed by the count to Produce the followin~ doc~m~e~ts o~ things: _ All documents and correspondence re~ardAng~q~aim made by Plaintiff, Edwin Duffus, Claim No. 5837B9375290587-1993 on or before April 21, 2003. at Martson Deardorff Williams & Otto, Ten East High Street, Carlisle, PA 17013 (Add~ess) You may deliver o~ mail legible copies of the docunents o~ I~oduce thin9s requested by this subpoena, to~ethe~ with the certificate of compliance, to the Pamtymaking this request at the address listed above. You have the right to seek in advance the reasonable cost of prepa~ing the copies o~ producing the things sought:. If you fail to produce the ~ts o~ things required by this subpoena within twenty (20) days after its service, the pa~ty serving this subpo~-,amay seek a court o~der cc~elling you to ccal3ly with it. THIS SU~NAWA$ ISSUED AT ~ REQUEST OF THE FOLLCWlNGPERSON: NAI~: Thomas J. Williams, Esquire A~ESS: Ten East High Street Carlis~ 17013 TELEPI~3NE=_717_243_~4! SUPRE~ COURT ID # 17~)? AI'FORNEY FOR: Defendant BY THE OOURT: DATE: Sea] of the Oourt Prothonotery/Clerk, Civil Division Deputy (Elf. 7/97) CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Notice of Compliance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Leslie M. Fields, Esquire KOLLAS, COSTOPOULOS & FOSTER 831 Market Street P.O. Box 222 Lemoyne, PA 17043 MARTSON DEAPd3ORFF WILLIAMS & OTTO ~en~aDs i HE 7gk~r~ i;ea~t Carlisle, PA 17013 (717) 243-3341 Dated: March 26, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DUFFUS VS. LAURA ATKINS : NO. 024419 : CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 THOMAS J WILLIAMS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 03/31/03 File #: M296866 THOMAS J WILLIAMS, ESQUIRE MARTSON DEARDORFF TEN EAST HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Aisha Hodge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DUFFUS VS. LAURA ATKINS No. 024419 TO: LESLIE M FIELDS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 03/10/03 THOMAS J WILLIAMS, ESQUIRE MARTSON DEARDORFF TEN EAST HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Aisha Hodge Eric(s): File #: Copy of subpoena (s) Counsel return card M296866 C~flD~TH OF p~SYL~ DUFFUS : : Vs. : Fi le No. : LAURA ATKINS : : 024419 TO: SUBPOENA TO PROOUCE I~__.~IE.NTS OR TH I NGS FOR O l SCOVERY PURSUANT TO ..RULE 4009.2.2. CUlV~E~ CAO, 33 WES%~v[INSTER DR, PO BOX 599 CARLISLE PA 17013-0599 (Name of Person op Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the c~rt to p~ce the foll~i~ ~t~ ~n~, ~-~ ,~~-~' MEDICAL LEGAL REPRODUCTIONS,(A s You may delive~ o~ mail legible copies of the documents o~ ~ce things requested this sub--a, t~eth~ with the c~tif4cate of ~]-~lJ~e, to the p~ty ~king thiz mequest at the ad. ess listed ~ve. y~ have the ri~t to s~ in advice the cost of o~e~ing the ~ies om Dm~ucing the things s~ght. If y~ fail to pr~uce the ~nts ~ things re~ir~ by ~is s~a within twenty (20) days aft~ ~ts s~v~ce, the p~ty semving thi~ ri~a ~y s~k a ~mt ~de~' ~ell~ y~ to ~ly with it. ~IS ~~ WAS I~ AT ~ RE. ST ~ ~ F~L~I~ PER~: THO~S J WILLIES, ESQ TELEPHONE: SUPREME COURT ID # A]-rORNEY FOR: ~TgON D~ARDORFF ~' 17013 CA/~LiSLE, ~ 215-335-3212 DEFENDAlqT M296866-01 o3// lo3 DATE: Seal of theOourt BY THE OOU~T: Prothonota~y/~DleiZk, Civi 1 Division (Eff. 7/97) ADDENDUM TO SUBPOENA DUFFUS Vs. NO. 024419 LAURA ATKINS CUSTODIAN OF RECORDS FOR: CI/MBERLANDCAO ANY AND ALL DOCUMENTS RELATED TO BENEFITS CLAIMED AND PAID TO EDWARD M DUFFUS, YOUR RECORD NUMBER 0060891, CASE LOAD 0036. PERTAINING TO: NAME: EDWIN DUFFUS ADDRESS: 212 NORTH WEST ST CARLISLE PA 17013 DATE OF BIRTH: 08/10/54 SSAN: 263975104 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS AREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knoWledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M296866-01 Authorized signature for CUMBERLAND CAO * * * SIGN AND RETURN THIS PAGE ** * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY EDWIN DUFFUS Vs. LAURA ATKINS : NO. 024419 : CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to. Rule 4009.22 THOMAS J WILLIAMS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the S~poena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 04/17/03 THOMAS J WILLIAMS, ESQUIRE MARTSON DEARDORFF TEN EAST HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Aish& Eodge File #: M297610 · EDWIN DUFFUS Vs. LAURA ATKINS Q3~t~TY OF ~ : Fi le No. 024419 TO: DR JAY CHO, SUBPOENA TO PR(XXJ(~ IX)CUME~S OR TH I ~ FOR DISCOVERY PURSUANT TO RULE 4009.2? 5124 E TRINDLE RD, MECHANICSBURG PA 17055 (Name of Person o~ Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to produce the roi lowir~j docunent.~ O~l~ng~r,~ · ~..~,~ · -~-~,~r~T~, at ~n~DZCAL LEGAL REPRODUCTIONS ,(A~k~~]T~~r~~~,~lr~ ) You may deliver o~ mai 1 legible copies of the documents or I~oduce th~ngs requested %his subpoena, together with the certificate of co,01iance, to the party making thiz request at the add~ess listed above. You have the right to seek in advance the reac~x%able cost of 0re.oaring the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving thi.~ subpoena may seek a court orde,- c~rnpelling you to cc~ly with it. THIS SLJBPOENA WAS ISSUED AT THE REgLIEST OF TIE FOLLOWING PERSON: NAPE: THOMAS J WILLIAMS, ESQ ADORESS: __ MARTSON DEARDORFF TELEPHONE: SUPRB~ COURT ID # A~'FORNEY FOR: 215-335-3212 M297610-01 03 ~ 1'/03 DEFENDANT Seal of the Oour-t (Elf. 7'/97) ADDENDUM TO SUBPOENA EDWIN DUFFUS VS. LAURA ATKINS No. 024419 CUSTODIAN OF RECORDS FOR: DR ,IAY CHO ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: EDWIN DUFFUS ADDRESS: 212 NORTH WEST ST DATE OF BIRTH: 08/10/54 SSAN: 263975104 CARLISLE PA 17013 cERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS AREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M297610-01 Authorized signature for DR JAY CHO * * * SIGN AND RETURN Tf-llS PAGE * * * EDWIN DUFFUS, Plaintiff VS. LAURA ATKINS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02- 4419 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Pursuant to Rule 229 of the Pennsylvania Rules of Civil Procedure, please mark the above-captioned matter settled, discontinued and ended. Respectfully submitted: Lesll~ M. Fi~l-ds,~Esquire- v COSTOPOULOS, FOSTER & FIELDS 831 Market St., P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 - Attorney for Plaintiff Dated: December 17, 2003 CERTIFICATE~_OF_SERVICE- I, Leslie M. Fields, Esquire, certify that I have served a true copy of the foregoing pRAECIPE TO SETTLE, DISCONTINUE AND END, on the individual(s) listed below by depositing the same in the United States mail, first-class, postage prepaid, from Lemoyne, Pennsylvania, addressed as follows: Ms. Tyeddie Williams Progressive Northern Insurance 5053 Ritter Road, Suite 101 Mechanicsburg, PA 17055 ~eestie M. Fields, Esquire