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HomeMy WebLinkAbout01-4531KEVIN R. BARTLES, Plaintiff/Respondent SHALON L. GHEEN, (a.k.a. SHALON L. BLOSSER) Defendant/Petiti°ner :IN THE COURT OF cOMMON PLEAS OF :CUMBERLAND cOUNTY, PENNSYLVANIA : :NO. 01-4351 CIVIL TERM : : :CUSTODY PETITION FOR MODIFICATION- Respondent, Shalon L. Gheen, by and through her counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant, Shalon L. Gheen, formerly Shalon L. Blosser, hereinafter referred to as the mother, who currently resides at 1103 Grant Street, Reynoldsville, PA 15851. 2. Respondent is the above-named Plaintiff, Kevin R. Bartles, hereinafter referred to as the father, who resides at 109 Meals Drive, Carlisle, PA 17013. 3. The above-named parties are the natural parents of Lazereth R. Bartles, bom February 15, 1997. 4. An Order of Court was entered on September 4, 2001, which granted the parties shared legal custody and shared physical custody on a week on/week offbasis. 5. An Order of Court was entered on September 26, 2001, which denied Father's petition for an emergency order. Court was entered on December 11, 2001, which granted 6. A Temporary Order of ....... t-~r temnorary partial custody every Father temporary primary physical custody and granteu ~vtum~ other weekend and on Wednesdays provided that the weekend custody was exercised in the presence of the maternal Grandmother. f Court was entered on February 20, 2002, which granted Father 7. An Order o .... ,A,~,. ,,,mly~rarv t~artial custody as follows: primary physical custody and granteu ~vtm~,~L ~,~ a. b. Each Wednesday from 8:00 a.m. until 6 p.m. Alternating Saturdays and Sundays from 10 a.m. until 8 p.m., and~ ~- Other such times as the parties may agree. 8. The February 20, 2002 Order also provided that the parties reached this agreement with the understanding that it was temporary in nature and subject to revision when Mother demonstrated stabilized work and safe living arrangements. Mother requests that the Court modify the Order to expand her custody and return the child to her primary care. A certified copy of this Order is attached. 9. The best interest and permanent welfare of the child will be served by granting the petition to modify the Order for reasons including the following: a) Mother was the primary caregiver of the child since his birth and until the Court Order of September 4, 2002, which granted her shared physical custody. b) The mother has established a stable and safe home for herself and her children in Reynoldsville, Pennsylvania. c) The mother gave birth to Sacade Gheen on June 27, 2002, and the child is thriving in her custody. d) Returning Lazereth to the mother for extended periods of custody will allow the child to spend more quality time with her and build a relationship with his new sibling, the maternal grandmother, and others in the family support system in Reynoldsville. e) The mother has accommodations for immediate expanded periods of custody of her son to include overnights, and the child has a strong emotional bond with his mother and wishes to return to her custody. f) The mother is attending counseling and complying with the recommendations of her counselor. WHEREFORE, the petitioner respectfully requests this Court to grant the following relief: a.) Expand the mother's custody rights and modify the Order of February 20, 2002 as follows: i.) Mother shall have primary physical custody of the child during the school year subject to partial custody in the father every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. ii.) During the summer, the parties shall share custody on a week on/week off schedule. b.) Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Attorney for Defendant/Petitioner MIDPENN LEGAL SERVICES 8 Irving Row Carlisle, PA 17013 VERIFICATION I, Joan Carey, Attorney for Defendant/Petitioner, Shalon Gheen, in the above-referenced case, verify that the statements made in the above PETITION are true and correct to the best of my knowledge. Petitioner resides outside the jurisdiction of the court, and her verification cannot be obtained within the time allowed for filing the petition. I am verifying the pleading based on information received through telephone conversations between MidPenn Legal Services staff and Petitioner. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to nnsworn falsification to authorities. D ate: ~'~/~'~9~. ~rey~ eetitione KEVIN R. BARTLES, VS. SHALON L. GHEEN, Plaintiff Defendant : ~N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .- NO. 01-4351 ' : : CIVIL ACTION - LAW : CUSTODY Bayley, J. - ORDER OF COURT AND NOW, this 2.(~) day of February, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. All previous Orders of this Court are hereby vacated. 2. J=~g~7,~,S.t~dY. The parties, Kevin R. Bartles and Shalon L. Gheen, shall have shared legal custody of the minor Child, Lazereth R. Bartles, bom February 15, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or schOol records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. E~Jc~,..C,d,b~d~. Father shall have primary physical custody. Mother shall have temporary partial custody which shall be arranged as follows: Effective February 6, 2002, each Wednesday from 8:00 a.m. until 6:00 Bo Effective February 9, 2002, and February 10, 2002, alternating Saturdays and .Sundays from 10:00 a.m. until B:00 p;m. Other such times as the parties may agree. Mother's husband, Keith, shall not be present during any period of partial custody with the minor Child. Mother. shall provide to Father her present residential address and telephone number, or the number where she plans to be during any given period of partial custody. She shall provide this information to Father before she leaves with custody of the Child. No. 01-4351 -- Civil Term 4. The parties shall share holidays in such a way as they may mutually agree. 5..Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion .of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. The non-custodial parent shall be entitled to reasonable telephone centact once per day. 7. The parties shall refrain from discussion of the present custodial arrangement or any potential change to the custodial plan in the presence or earshot.of the minor Child. 8. The parties shall keep each other informed of their present residential addresses and telephone numbers. 9. Mother shall be prohibited from the use of alcoholic beverages during any period of custody or visitation for no less than four hours preceding and including all periods of partial custody with the minor Child. 10: This Order may be modified upon agreement of the parties. In particular, it is contemplated that there may be need for modification upon changes in the parties' employment circumstances. In the event that either party desires that the Custody Conciliation Conference be reconvened within sixty days of the date of this Order, this request may be made directly to the Conciliator by counsel on behalf of their client. 11. The parties reached this agreement in contemplation on it being temporary in nature and Subject to revision providing extended periods of partial custody to Mother as she demonstrates stabilized work and safe living arrangements over time. 12. The Cumberland County Court of Common Pleas, Carlisle, Pennsylvania, shall retain jurisdiction of this matter pending further Order of this Court. 'T',.?,':L~ C'..~:,?Y FROM RECORD In Tes'~i;;'),'~;~¢ ~/h-c~of, I here un? set my hand and ~o seal of s~d Court a~arllsle, Pa. . ...... ........ Dist: BY THE COURT, 15d~a~ B-.~ayley, J. Mary Etter Dissinger, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 Joan Carey, Esquire, 8 Irvine Row, Carl!sle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND Clinton O. Timmins 604 York Circle Mechanicsburg, PA 17055 Kimberly A. Felice 6 Foxfield Court Mechanicsburg, PA 17055 CML ACTION: LAW COUNTY. PENNSYLVANIA : No. Ot -.a/SSI : : : : Civ/:l Action PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Tres. T.L~E..~ in the above case. ~L/"/Writ of Summons shall be issued and forwarded to Attorney/Sheriff. Date:~. Respectfully Submitted, ANSTINE & SPARLER · stine, .Ir., Esquire,~-~l~--'~ 117 E. Market St. York, PA 17401 (.717) 846-8811 Supreme Court No. 07351 Attorney for Plaintiff nstine & Spader TO: SUMMONS IN CIVIL ACTION 6 Foxfield Court Mechanicsbur PA 17055 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date:~ ~nstine & Sparler 2 SHERIFF'S RETURN - REGULAR CASE NO: 2001-04531 P coMMONWEALTH OF pENNSYLVANIA: coUNTY OF cUMBERLAND TIMMIN__S ~INT~ON ~ VS FELICE KIMBERLY A__ KENNETH GoSSERT ' Cu~erland county,Pennsylvania, sayS, the within WR__IT OF sUMMONS ~ FELICE KIMBERL___Y A at 1502:0~ HOURS, on the 30t____~h day of DEFENDANT __ --, at 6 FOXFIELD CO~___~T_- MECHANICSBURG, PA 17055 KIMBERLY A FELIC__E a true and attested copy of WRIT OF sUMMONS Sheriff or Deputy sheriff of who being duly sworn according to law, the was served upon 2001 by handing to together with and at the same time directing H__e~ attention to the contents thereof. sheriff's Costs: 18.00 Docketing 7.15 Service .00 Affidavit 10.00 Surcharge .00 Sworn and subscribed to before me this '_~7 ~ day of ------~rdthonota] Y So Answers: ~line 07/31/2001 ANSTINE & sPARLER IN THE COURT OF COMMON PLEAS OF CUMBERL PENNSYLVANIA AND COUNTY, CLINTON O. TIMMINs and PHYLLIS T/MM/NS, his wife Plaintiffs KIMBERLY A. FELICE Defendant No. 01-04531 CIVIL ACTION. LAW ~ine & 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 you and a judgment may be entered any. .m..oney claimed in the against you b the . may proceed without TO YOU. L_,~,. ,w~j~:y OR PROP 3'v ~L-, ~,?,.or._rahef requested b o ER., ,-,n ~JHI=H RIGHTS IMPOR YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Car/is/e, PA 17007 Telephone No.: (717) 249-3166 ANSTI,~E &SPA, RLER('~., By: ~ - )rern~ r;~.."~.'''. '~'"','4::~QU/RE Supreme Cou~ I.D. 880390 117 E. Manet Street Yo~, PA, 17401 (7~7) ~6-8811 IN THE COURT OF COMMON PLEAS OF CUMBE PENNSYLVANIA RLAND COUNTY, CLIN,FON O. TIMMINS and PHYLLIS TIMMINS, his wife Plaintiffs KIMBERLY A. FELICE Defendant No. 01-04531 CIVIL AC,FION. LAW 'rter US'FED HA SIDO DEMANDADo EN LA CORTE. Si usted desea defenderse de Jas c/uejas expuestas en/as Paginas d'as a partir de la fecha en que mc/bid la demanda · . s/gu/entes, debe romar acci6n dentro de veinte (20) comparecenc,a escnta en pers°na o pot abogado y preYs:'n~'SeOr~ aU~toertde ~eobreesP~r~oenstuasr defensas o sus objeciones a/as demandas en su contra· Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o la demanda o por cualquier otra queja o compensacidn reclamados pot el Demandante. US`FED PUEDE PERDER D/NERO, notificacidn por cualquier d/nero reclamado en IMPORTANTESPARA USTED. 0 PROPIEDADES U OTROS DERECHOS LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SI US TIENE 0 NO CONOCE UN ABOGADO, VAYA DIRECCION ESCRITA ABAJO PARA ~ uPICINA EN LA O LLAME A ' ^ ~-- TED NO ASIS'FENClALEGAL. AVERIGUAR DONDE PUEDE CUmberland County Bar Association OS,FENER 2 Liberty Avenue Cad/s/e, PA 17007 'Felephone No.! (717) 249-3166 Supreme Court I.D. #80390 117 E. Market Street York, PA, 17401 (717) 846-8811 Anstine,& Spaner IN THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, PENNSYLVANIA CLINTON O. TIMMINS and PHYLLIS TIMMINS, his wife Plaintiffs KIMBERLY A. FELICE Defendant No. 01-04531 CIVIL ACTION - LAW COMPLAINT AND NOW' TO W1T' this ~'~Yof ~ ~)~ ~n~-~ , 2001, come the Plaintiffs, Clinton O. Timmins and Phyllis Timmins, his wife, by their attorneys, Anstine & Sparler, who file this Complaint as follows: 1. Plaintiffs Clinton O. Timmins and his wife, Phyllis Timmins, are adult individuals who reside at 604 York Circle, Mechanicsburg, PA 17055. 2. The Defendant, Kimberly A. Felice, is an adult individual residing at 6 Foxfield Court, Mechanicsburg, PA 17055. Vehicles operated by Plaintiff Clinton O. Timmins and the Defendant were involved in a collision at the intersection of Hogestown Road (SR0114) and Mulberry Drive (T- 586). 4. The collision took place on or about August 8, 1999 at approximately 3:00 p.m. 5. PlaintiffClinton O. Timmins was the operator of a 1991 Buick Century in which he was carrying three passengers. Anstine, & Sparter 6. The Defendant was driving a 1997 Honda CRV. 7. At the time and place aforesaid, the Plaimiffs were proceeding south on Hogestown Road and the Defendant was proceeding west on Mulberry Drive near the place where the roads intersect in Silver Spring Township in Pennsylvania. 8. A stop sign is posted on Mulberry Drive where it intersects with Hogestown Road, requiring traffic heading east on Mulberry Drive to stop at the intersection. 9. No stop sign is posted on Hogestown Road at the intersection with Mulberry Drive. 10. As the Plaintiff was driving south on Hogestown Road, the Defendant, suddenly and without warning, entered the intersection of Hogestown Road and Mulberry Drive without stopping at the stop sign. 11. The Defendant was cited for violating 75 Pa.C.S.A. Section 3323(B) by the Silver Spring Township Police Department for her failure to stop at the stop sign before entering the intersection. 12. Upon entering the intersection, the fi.om of the Defendant's 1997 Honda CRV struck the left fi.ont side of the Plaintiffs' 1991 Buick Century near the driver's door. 13. The violence of the collision spun the Plaintiffs' car and caused it to come to rest in the yard of a private residence located at the southwest comer of the intersection at the street address of 229 Hogestown Road. Anstine, & Spaner 14. Damage to the Plaintiffs' car was so severe that rescue and emergency crews were required to use a" ·" . Jaws of Life -type dewce in order to extricate the Plaintiff fi.om the vehicle. 15. Damage to the Plaintiffs' car was so severe that it was declared a total loss. 16. The collision was solely the result of the Defendant's negligence as follows: A. Failing to stop for a stop sign (75 Pa.C.S.A. 93323(B)); B. Operating a motor vehicle in a careless and reckless manner (75 Pa.C.S.A. 993714 and 3736); C. Failing to properly operate and control a motor vehicle while driving on public roadways; D. Failing to keep alert and maintain a proper lookout while driving a motor vehicle; E. Operating her vehicle at an excessive rote of speed under the circumstances (75 Pa.C.S.A. 93361); 18. The collision between the Defendant's vehicle and the Plaintiffs' vehicle resulted in injuries to the Plaintiffs. COUNT I - NEGLIGENCE: PLAINTIFF CLINTON O. TIMMINS v. DEFENDANT KIMBERLY A. FELICE 19. Plaintiffs incorporate by reference paragraphs 1 through 18 as if fully set forth at length. 3 Anstine,& Spaner 20. Solely as a result of the Defendant's negligence, PlaintiffClinton O. Timmins has incurred substantial injuries and damages, including but not limited to, the following: A. A ruptured disc at C34; B. Pain and stiffness in the neck; C. Post-traumatic stress disorder requiring treatment and medication; D. Injury to the lower back which may necessitate surgery; and E. Damage to nerves and nervous system. 2 i. The Plaintiff's injuries listed in Paragraph 20, above, constitute serious and permanent injuries which, along with permanent scarfing, exceed the threshold for proof of non- economic damages under a limited tort election. 22. Solely as a result of the Defendant's negligence, the Plaintiff has been forced to endure extreme pain and suffering and a loss of many of the pleasures of life as well. Such suffering will continue into the future. 23. Solely as a result of the Defendant's negligence, the Plaintiff has and will in the future incur additional financial expenditures and losses which may or will exceed the amounts he may otherwise be entitled to recover. WHEREFORE, Plaintiff asks this honorable court to grant judgment in his favor and against the Defendant in an amount in excess of $30,000.00 plus costs and interests as follows by law. 4 Anstine & Sparler .COUNT II - LOSS OF CONSORTIUM: PLAINTIFF PHYLLIS TIMMINS v. DEFENDANT KIMBERLY A. FELICE 27. Plaintiffs incorporate by reference paragraphs 1 through 26 as if fully set forth at length. 28. As a result of the injuries sustained by her husband, Clinton O. Timmins, Plaintiff Phyllis Timmins has been deprived of the assistance, society, and services of her husband. WHEREFORE, Plaintiff asks this honorable court to grant judgment in his favor and against the Defendant in an amount in excess of $30,000.00 plus costs and interests as follows by law. Date: Respectfully submitted, ANSTINE & SPARLER William B. Anstine, Jr., Esquire 117 E. Market Street York, PA 17401 (717) 846-8811 I.D. No. 07351 Attorney for the Plaintiff VERIFICATION The undersigned, Clinton O. Timmins and Phyllis Timmins, hereby verify the facts as set for'th ir the foregoing Complaint, as being true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date:_ CLINTON O. TIMMINS PH YLL(I~g TIMMINS '~nstine.& Sparter Anstine & Sparler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION: LAW CLINTON O. TIMMINS and PHYLLIS No. 01-04531 TIMMINS, his wife, Plaintiff V. KIMBERLY A. FELICE, Defendant Civil Action PENNSYLVANIA .CERTIFICATE OF SERVICE I certify that I am this day serving a copy of Plaintiffs' COMPLAINT of Plaintiffs Clinton O. Timmins and Phyllis Timmins, upon the person and in thc manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure § 440. Service by First Class Mail addressed as follows: Counsel for Defendant Kimberly A. Felice: Joseph M. O'Neil, Esquire 1880 John F. Kennedy Blvd, 12th fl. Philadelphia, PA 19103 ANSTINE & SPARLER Date: William B. Anstin~, Jr., Esquire 117 E. Market Street York, PA 17401 (717) 846-8811 Attorney for Plaintiff MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. BY: NANCY E. MANCHESKI, ESQUIRE IDENTIFICATION NO. 48292 1550 JOHN F. KENNEDY BOULEVARD, SUITE 1200 pHH.ADELPHIA, PENNSYLVANIA 19103 (215) 564-6688 Our file # 381-65628 ATTORNEY FOR DEFENDANT Kimberley Felice Clinton O. Timmins and Phyllis Timmins h/w VS. Kimberly A. Felice COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DMSION NO. 01-045;31 ANSWER OF DEFENDANT, KIMBERLY A. FEI.ICE, TO PLAINTIFFS' COMPLAINT WITH NEW MATTER Answering Defendant, Kimberly A. Felice, by and through her attorneys, Marks, O'Neill. O'Brien & Courtney hereby respond to Plaintiffs' Complaint as follows: 1. Admitted in part; denied in part. It is hereby admitted that Clinton O. Timmins anc Phyllis Timmins are Plaintiffs in the above-captioned matter. However, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in paragraph 1 and demands strict proof thereof at time of trial. 2. Admitted in part; denied in part. It is admitted that Answering Defendant is presently an adult individual. However, it is specifically denied that Answering Defendant currently resides at 6 Foxfield Court, Mechanicsburg, PA 17055. Answering Defendant's correct address is 2449 Cardinal Avenue, Philadelphia, PA 191;31 Admitted. 4. Admitted. 5. Admitted in part; denied in part. It is admitted that Plaintiff, Clinton O. Timmins was the operator ora vehicle in which he was carrying passengers. As to the remaining allegations, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to their truth. 6. Admitted. 7. Admitted in part; denied in part. It is hereby admitted that at the time and place aforesaid, Plaintiffs were traveling on Hogestown Road and Defendant was proceeding on Mulberry Drive near the place where the roads intersect in Silver Spring Township Pennsylvania. However, to the extent that the remaining allegations contained in paragraph 7 state conclusions of law, no response ns required under the Pennsylvania Rules of Civil Procedure. 8. Admitted in part; denied in part. It is hereby admitted that a stop sign is posted on Mulberry Drive where it intersects with Hogestown Road. However, to the extent that the remaining allegations contained in paragraph 8 state conclusions of law, no response is required under the Pennsylvania Rules of Civil Procedure. 9. Admitted. 10. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Additionally, without waiving the forgoing, it is specifically denied that Answering Defendant failed to stop at the stop sign. Strict proof to the contrary is demanded at the time of trial. 11. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 12. Admitted in part; denied in part. It is hereby admitted that a collision occurred between the front of the Answering Defendant's 1997 Honda CRV and the left front side of the Plaintiffs' vehicle. However, it is specifically denied that said accident occurred as alleged in Plaintiffs' Complaint. Strict proof to the contrary is demanded at the time of trial. 13. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore. denies same and demands strict proof thereof at trial. 14. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they ar denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore. denies same and demands strict proof thereof at trial. 15. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they ar denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 16.a-e Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Additionally, without waiving the forging, it is specifically denied that Answering Defendant was negligent as alleged. Strict proof to the contrary is demanded at the time of trial. 18.(sic) Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore~ denies same and demands strict proof thereof at trial. COUNT I - NEGLIGENCE PLAINTIFF CLINTON O. TIMMINS v. DEFENDANT KEVIBERLY A. FELICE 19. Answering Defendant incorporates her answers to paragraphs I through 18 as though th same were set forth at length herein. 20.a-e Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. Additionally, without waiving the forgoing, Answering Defendant specifically denies injuries, damages, extent, nature, duration, causation permanency and/or future damages. 21. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they ar denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. Additionally, without waiving the forgoing, Answering Defendant specifically denies injuries, damages, extent, nature, duration, causation~ permanency and/or future damages. 22. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they ar denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. Additionally, without waiving the forgoing, Answering Defendant specifically denies injuries, damages, extent, nature, duration, causation. permanency and/or future damages. 23. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they ar denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. Additionally, without waiving the forgoing, Answering Defendant specifically denies injuries, damages, extent, nature, duration, causation, permanency and/or future damages. WHEREFORE, Answering Defendant demands judgement in her favor on all claims plus interest, costs, fees and any other relief deemed reasonable under the circumstances. COUNT II - LOSS OF CONSORTIUM PLAINTIFF PHYLLIS TIMMINS v. DEFENDANT KIMBERLY A. FELICE 27.(sic) Answering Defendant incorporates her answers to paragraphs 1 through 23 as though the same were set forth at length herein. 28. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. Additionally, without waiving the forgoing, Answering Defendant specifically denies injuries, damages, extent, nature, duration, causation, permanency and/or future damages. WHEREFORE, Answering Defendant demands judgement in her favor on all claims plus interest, cost, fees and any uther relief deemed reasonable under the circumstances. NEW MATTER DIRECTED TO PLAINTIFFS 29. Answering Defendant incorporates by reference her answers to paragraphs 1-28 inclusive as though the same were set forth at length herein. 30. Plaintiffs assumed the risk of all injuries which limits and/or bars all claims. 31. Plaintiffs' claims are barred by the Comparative Negligence Statute. 32. Plaintiffs' claims fail to state any cause of action against Answering Defendant upon which relief can be granted. 33. Plaintiffs' claims are barred by the Statute of Limitations and/or Laches. 34. Plaintiffs' claims are barred by the applicable Workers' Compensation Act. 35. Plaintiffs' claims are barred because of an expressed or implied contract and/or release. ;36. Plaintiffs' claims are barred because of statutory and/or common law. 37. Plaintiffs' claims are barred because of the doctrines of single controversy, merger and bar. res judicata and/or collateral estoppel. 38. Plaintiffs' claims are barred by the appropriate provisions oftheNo-Fault and/or Financial Responsibility Act. Plaintiffs' claims are barred because of improper service of process. Plaintiffs' claims are barred because of the doctrine of superseding and/or intervening 39. 40. cause. 41. 42. 43. Plaintiffs' claims are barred by the doctrine of accord and satisfaction. Plaintiffs' claims are barred because of the doctrine of waiver and/or estoppel. Plaintiffs' claims are barred because the Court lacks jurisdiction over the subject matter of this law suit. 44. Plaintiffs' claims are barred because of improper venue. 45. At the time of the August 8, 1999 automobile accident, Plaintiffs were named insured or insured under a policy of automobile insurance which provided "limited tort" benefits. 46. At the time of the August 8, 1999 automobile accident, Plaintiffs were the owner of a registered, but uninsured automobile, and accordingly, are deemed to have selected the limited tort option. 47. Plaintiff did not sustain a "permanent serious disfigurement" within the meaning of 75 Pa. C.S.A. §1705, which is incorporated herein by reference. 48. Plaintiffs' claims for non-economic detriment are barred and/or limited to the extent that they fail to prove that they have suffered a "serious injury" within the meaning of 75 Pa. C.S.A. §1705, which is incorporated herein by reference. 49. Plaintiff's claims are barred because of his ownership and operation of a motor vehicle without insurance as required under the Pennsylvania Motor Vehicle Financial Responsibility Act as found in 75 Pa. C.S.A. §1701, et. sen. 50. Plaintiffs' injuries are not permanent in nature or a significant impairment of any major bodily system and, as such, Plaintiffs are precluded from seeking redress of their injuries pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act as found in 75 Pa. C.S.A §1701 et. sea. having been deemed to have elected the limited tort option. 51. The claim of Plaintiff, Phyllis Timmins, is a claim which is derivative in nature from the claim of her husband and therefore, to the extent that her husband's claim is barred or substantially reduced, so is the derivative claim of Plaintiff. WHEREFORE, Answering Defendant Kimberly A. Felice demands judgement in her favor on all claims plus interest, costs, fees and any other relief deemed reasonable under the circumstances. MARKS, O'NEILL O'BRIE~N & COURTNEY, P.C. NAI~(~ E. Mfl~ICHESI~ Attoe~y for Defendant, Kimberly A. Feliee 10/25/2001 THU 13:13 FAX ?02 9381106 I D C ~007 Sent By; ; 7177969888; 0ot-~5-01 4:09PM; Page 4/4 YER1 FIC ATIO_~. I, Kimberl~ Al. Folios the Defendant in this matter hereby state that I am authorized to take this Verification on my own behalf; thst I have rsad the foregoing!A~S#BK TO ~L~ZNTXF~S, C~PLAZNT WXTN NEN MATT~K~ a~, ~ncw[edge, information a~d belief. Further, p~nal~i~s of authorities. understand that this Verification is made subject to the PA, C.S.A, ~4~04 ~ela%i;~g to unsw~rn falsifica~ion to KIMBERLY A. /FELICE FILE NO ; 381-65628 ~ CERTIFICATE OF SERVICE I, Nancy E. Mancheski, Esquire hereby certifies that a true and correct copy of Defendant, Kimberly A. Felice's Answer to Plaintiffs' Complaint with New Matter, was served on the~-C~day of, O(~ 2001, by first class mail, postage prepaid, upon the following: Willlam B. Anstine, Jr., Esquire 117 E. Market Street York, PA 17401 MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. N~t~/E. Ma~cheski Atto~hey for/Defendant Kimberly A. Felice Anstine & Sparler IN THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, PENNSYLVANIA CLINTON O. TIMMINS and PHYLLIS TIMMINS, his wife Plaintiffs KIMBERLY A. FELICE Defendant No. 01-04531 CIVIL ACTION - LAW ANSWER TO NEW MATTER OF DEFENDANT KIMBERL2Y A. FELICE AND NOW, TO WIT, this .~,q~lay of '~t_~,~t.,a~ , 2001, come the Plaintiffs, Clinton O. Timmins and Phyllis Timmins, his wife, by their attorneys, Anstine & Sparler, who file this Answer to New Matter of Defendant Kimberley A. Felice as follows: 30. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 31. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 32. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, they are denied. Additionally, the Plaintiffs' Complaint sets forth a clear and complete basis for a claim under a count of negligence under the law of the Commonwealth of Pennsylvania. Anstine & Sparler 33. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 34. Denied. The averments contained in this paragraph state conclusions no response ~s required. 35. Denied. The averments contained in this paragraph state conclusions no response ~s required. 36. Denied. The averments contained in this paragraph state no response ~s required. 37. Denied. The averments contained in this paragraph state no response ~s required. 38. Denied. The averments contained in this paragraph state no response ~s required. 39. Denied. The averments contained in this paragraph state no response ~s required. 40. Denied. The averments contained in this paragraph state no response ~s required. 41. Denied. The averments contained in this paragraph state no response ~s required. 42. Denied. The averments contained in this paragraph state no response ~s required. of law to which of law to which conclusions of law to which conclusions of law to which conclusions of law to which conclusions of law to which conclusions of law to which conclusions of law to which conclusions of law to which 2 Anstine & Sparler 43. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 44. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 45. Denied. To the contrary, Plaintiffs were named insured or insured under a policy of automobile insurance which provided "full tort" coverage. To the extent that averments contained in this paragraph state conclusions of law, no response is required and the same are in any case denied. 46. Denied. To the contrary, Plaintiffs were the owners ora registered and insured automobile. Therefore, the Plaintiffs are not deemed to have selected the "limited tort" option under the Motor Vehicle Financial Responsibility Law. To the extent that averments contained in this paragraph state conclusions of law, no respon§e is required and the same are in any case denied. 47. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 48. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 49. Denied. To the contrary, Plaintiffs were named insured or insured under a policy of automobile insurance. To the extent that averments contained in this paragraph state conclusions of law, no response is required and the same are in any case denied. 3 Anstine & Sparler 50. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 51. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. WHEREFORE, Plaimiffasks this honorable court to grant judgment in his favor and against the Defendant in an amount in excess of $30,000.00 plus costs and interests as follows by law. Respectfully submitted, ANST1NE & SPARLER William B. Anstine, Jr., Esquire 117 E. Market Street York, PA 17401 (717) 846-8811 I.D. No. 07351 Attorney for the Plaintiff 4 CERTIFICATE PKEIlEqUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CLINTON TI}gdlNS -VS- KIMBERLY A. FELICE COURT OF C0~0N PLEAS TERM, CASE NO: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESKI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of , · Attorffey for DEFENDANT DEll-303567 80 4 1 6--LO1 COI~vIOBU~rf~ALTH OF PENNSYLVANIA COUNTY OF C~[JlVIBERLAND IN THE MATTER OF: CLINTON TI~94INS -V$- KIMBERLY A. FELICE COURT OF C0~940N PLEAS TERM, CASE NO: 01-04531 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THING~ FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SMITH RADIOLOGY JAY CHO, M.D. m~*AI,THSOu'£u-DIAGNOSTIC CTRS. BECKER CHIROPR&TIC THINDLE REHABILITATION CENTER P~DICAL X-RAY ONLY M~DICAL F~CORDS & XP, AY$ MEDICAL ~ECORDS & XRAYS MEDIC~qL ~ECORDS & XRAYS MEDICAL RECORDS & X~AYS MEDICAL RECORDS & XI~YS TO: IFiLLIAMB. ANSTINE, JR., ESQ MCS on behalf of NA~CYMANCHES~I~ ESqUIF~ intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belc~ in~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. C(~nplete copies of any reproduced records may be ordered at your expense by c~letin8 the attached counsel card and returnin$ same to MCS or by contactin8 our local MCS office. DATE: 12118/2001 CC: NANCY MA~C~81~, ESQUIR~ - 381-65628 MCS on behalf of NANCY MANCI~SKI~ ESQUIRE Attorney for DEFENDANT Any questions regardin~ this matter, contact TUlsNCS GROUP INC. 1601MARKET STRUT #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-173471 80416--¢O1 COMMON'WEALTH OF PE~SYLVANIA COUNTY 0 F CUMB ERLA.Nr) CLINTON TIMMINS : V8 : KIMBERLY A. FELICE ' !~le No. 01-04531 TO: SUBPOENA TO PRODUCE DO~-r$ OR THING~ FOR DISCOVERY PURSUA.N-r TO,RUI, E 4009 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Name ~( P~'~Qn or ~.-dL'7) ',~'i:hin ewe..--?.., tI0) days .~' sen'ice oL' th~$ subpoena, you aeo orci~'ed by. the c~aff to produce the followin$ documents or SEE ATTAC~RI~ MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 ~e,i~ca~e ~ ~ompli~ce. to the p~ m~nS ~his r~u~ at the ad~ advice, the ~uo~ie cost of prep~nS the copifl or praducin~ the ~ If you f~il m .,--.oduce the ctoc~ments or thin~ rtq~ired by this sublx:)m.m, w It.i-.iii n*~enty. (2{~} c~ay! a~et its sen'ice, the parr../ seP.'in$ th/s su~lx)ena may silk a cm~' ord~ compellln$ you to comply with i~. THIS SL'~PO~A WAS ISSULrD AT 2-PIE REQU-~.~I' OF TH~ r-OLLOWTNG PERSON: NAM~. NANCY MANCHEKI, ESq. ADORF.~ 1880 JFK BLVd.. STE 1200 PHILA. ,PA 19103 T~LE~HON~ 215-246-0900 S~PR~ CO~ID ~ A~O ~ ~ DEFE~T DAT~ Seal of the ~m't EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes, ~elating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: CLINTON TIMMINS Social Security ~: 164-26-9868 Date of Birth: 10-03-1932 SU10-345328 80416--L01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009°22 IN THE MATTEE OF: CLINTON TI~MINS -VS- KIMBERLY A. FELICE COURT OF C0~40N PLEAS TERM, CASE NO: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESKI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of NANCY MANCHESKI, ESQUIRE Attorney for DEFENDANT DEll-303568 804]-6--LO2 COI'41~ION-w~ALTH OF PENNSYLVANIA COUI~TY OF C%~I~BERLAND IN THE MATTER OF: CLINTON TI~dlNS -VS- KIMBERLY A. FELICE COUI~T OF CO.iON PLEAS TERM, CASE NO: 01-04531 NOTICE OF INTzNT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SMITH ~ADIOLOGY JAY CHO, M.D. BKALTHSOUTH-DIAGNOSTIC CTRS. BECKER CHIROPRATIC TRINDL~ RE~h~BILITATION CHNTL~[ I~DICAL X-P~Y ONLY ~EDICAL RECORDS & X~AYS ~DICAL EECOP, DS & XRAYS I~DICAL RECORDS & ][RAYS ~DICAL RECORDS & X~AYS ~I)ICAL ~ECORDS & XRAYS TO: WILLLAM B. ANSTINE, JR., ESQ HCS on behalf of HANCY HANCHESKI~ ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed belme [n which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completin$ the attached counsel card and returning same to MCS or by contacting our local HCS office. DATE: 1211812001 CC.' N,A~CY M&NCI~SKI[, KSq0].a.g - 381-65628 ~CS on behalf of NANCY HA~CI~SKI~ ESqUIRE Attorney for DEFENDA~f Any questions regarding thcs matter, contact TH~ MCS GROUP INC. 1601 14A~EAT STREET ~8oo PHILADELPHT_A, PA 19103 (215) 246-0900 DR02-173471 80416--C01 COMMOIWWEALTH OF PE~SYLVANIA COUNTY OF CUMBERLA.\'D CLINTON TIMMINS : VS . KIMBERLY A. FELICE ~le No. 01-04531 SUBPOENA TO PRODUCE DOCUME~S OR THINGS FOR DISCOVERY PURSUA.N-r TO RULE 4009 ~ TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL Wi:his rws..'~..- I20) days ~K semite o~ r~s sub~ you ~e ord~ ~ ~e ~ to produce the f~llQwi~ ~ments or SEE ATTACHED , at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You :nay de~-~ or mail le~ble copie,J of the dooamen~ or produce tl, uln~ reqa~ted Toy t.his subpo~a, toStther with the cenifica,e ~ compliance, to the paz~, m&kin$ this requflt at the add:~u bed ibcrvf. 'You h~,'l ths fi~m to see~. i~ advznce, the .'~Lsonzble cost o~ prep&z'~nS the copifl or producJn$ the th~r~s m~'~L you fa~l m r--.oduce the document- ~' t~np required by ti.is subp4~.m, with. in t'wen~ ('~) days after its ser'~'i¢c, the p,u'ry se~,'in$ th, is suwpQefla may sflJc a co~t ord~ rompelling you to comply with it. THIS SL'~POLrWA WAS ISSUED AT THE R£QLrF:_~r oP Th~ r-OLLOWING PERSON: NAMg. NANCY MANCHEKI, ESQ. ADDRgg~ 1880 JFK BLVD.. gTE 1200 PHILA. ,PA 19103 TEL~PHON~ 215-246-0900 SUPR~,~ COUIL'T ID ~, ATTO g.N~ gOl~ DEFENDANT Sea~ of the ~ourt EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 80416 CLINTON TIMMINS Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: CLINTON TIMMINS Social Security ~ 164-26-9868 Date of Birth: 10-03-1932 SU10-345330 80~'1 6=L02 CERTIFICATE PP. EREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CLINTON Tlffl4INS -VS- KIMBERLY A. FELICE COURT OF C0}940N PLEAS TERM, CASE NO: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESKI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of NANCY MANCHESKI, ESQUIRE Attorney for DEFENDANT DEll-303569 8 0 4 1 6--LO 3 COlVli~IOI~II4]ZALTH OF PENNSYLVANIA COUNTY OF CUlVlBERLAND IN THE MATTER OF: CLINTON TIP. INS -VS- KIMBERLY A. FELICE COURT OF C0~0N PLEAS TERM, CASE NO: 01-04531 NO~ICE OF I~dTgl~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN~ TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SHITH ~K1)IOLOGY JAY CHO, M.D. HEALTHSOUTH-D[AGNOSTIC CTHS. B~--~CHIROPRATIC TRINDLE RE~qBILITATION CENTER ~DICAL X-RAY ONLY ~DICAL RECORDS & XHAYS MEDICAL RECORDS & X~AYS MEDIc.aT. RECORDS & ]~AYS MEDICAL RECORDS & X~AYS MEDICAL RECORDS & ~AYS TO: ~rU, IAMB. AHSTINK, JR., ESQ HCS on behalf of NANCY MANCHKSrT~ ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~nty (20) days from the date listed below in which to file of record and serve upon the ondersiined an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Cmnplete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE= 1211812001 CC: NANCY HANCHKSKI, ESQUIRE - 381-65628 HCS on behalf of NANCY HANCHESKI~ ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE HCS CROUP INC. 1601MAUFET STREET ~8oo PHILADELPHIA, PA 19103 (215) 246-0900 DK02-175471 80416--C01 .COMMON'WEALTH OF PE~$YLVANIA COUNTY OF CUMBERL.~N19 CLINTON TIMMIN$ : VS : KIMBERLY A. FELICE ' FiI~ N~. 01-04531 SUBPOENA TO PRODUC~ DO~M~'%'TS OR THINGq FOR DISCOVERY PURSUA. N'r TO RULE 4009 TO: CUSTODIAN OF RECORDS FOR: SMITH RADIOLOGY Wi:bin r~e.-~..- C~.O) days ,~ror Service o~ r~s su~ you ~ ord~ ~ ~ ~ m product the fo[lowi~ d~nt~ or MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You :nay de~'f: or ma~l ~e~b[e copies of tho documents or produce t~ ~a~ed ~ t~s su~n~ together w~th ~he ce~i~ca~e ~ compli~c~ ro ~he p~ ~nS chis t~ufl~ a~ the id~ ~dv~ce. ~he ~uo~bie cost of prep~nS the copifl or producifls the ~flp sera'inS cab su~poefla may seek a couzt order compollin$ you ro comp .~, w~th ;' THIS SL'~PO~A WAS ISSUL:D AT THE RI:QLr~_~T OF TH~ ~)LLOWTNG PERSON: .WAM~ NANCY mu~lCngl~I, ESq. ADOR#~.?.: 1880 J~ BL~.. ~TE 1200 PHI~.,PA 19103 T~L~PHON~ 215-246-0900 S~PR~ CO~ ID ~ A~O ~N~ ~ DEFE~ Seal ~ff the (E.q. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SMITH RADIOLOGY 1515 BRIDGE STREET NEW CUMBERI~MND, PA 17070 RE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, bilh'ng and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CLINTON TIMMINS Social Security #: 16,1-26-9868 Date of Birth: 10-03-1932 SU10-345332 80 43_6--L0 3 CERTIFICATE ' PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CLINTON TIMAMINS -VS- KIMBERLY A. FELICE COURT OF COMMON PLEAS TERM, CASE NO: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESKI, ESQUIRE certifies that (~) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of NANCY MANCHESKI, ESQUIRE Attorney for DEFENDANT DEll-303570 80z~16--L04 COPIPIO~ALTH OF PENNSYLVANIA COUNTY OF C~BERLAND IN THE MATTEH OF: CLINTON TI~4INS -VS- KIMBERLY A. FELICE COU~T OF C0~40N PLEAS TERM, CASE NO.' 01-04531 NOTICE OF II~Xl~h'T TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SHXTB RADIOLOGY JAY CHO, M.D. HEAL11]SOUTH-DIAGNOSTIC CTRS. BEC~a CHIROPRATIC TRINDL~ R~RARILITATION CENT~ HEDICAL X-RAY ONLY HEDICAL RECORDS & XBAYS HEDICAL RECORDS & X~AYS HEDICAL RECORDS & XBAYS HEDICAL RECORDS & XR&YS HEDICAL RECORDS & X~AYS TO: ITLLL~ B. ANSTINE, JR., HSQ HCS on behalf of NANCY HANCHESK[~ ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days frma the date listed belme in ~hich to file of record end sezve upon the undersigned an objection to the subpoena. If the t~enty day notice period is ~aived or if no objection is ~ade. then the subpoena may be served. Co. lets copies of eny reproduced records may be ordered at your expense by completinS the attached counsel card end return/nS sa~e to HCS or by contacting our local HCS office. DATE: 12/181200! CC: ~CY 14ANCNESKI, ESQUIRE - 381-65628 HCS on behalf of NANCY MA~cm~s~/, ESqUIRE Attorney for DEFENDANT Any questions regardinS this matter, contact THE H CS GROUP INC. 1601 MAet~T STREET t8oo PHILADELPHIA, PA 19103 (215) 248-0900 DE02-173~71 80416--C01 COMMON'~'~ALTH OF PI~$~LVANIA COUN'I-Y OF CUMBffRLA.ND CLINTON TIMMINS VS KIMBERLY A. FELICE ~I~ No. 01-04531 SUBPOENA TO PRODUCI~ DO~'T~ OR TI-IINGS FOR DISCOVERY PURSUA_N'T TO RULE 4009 CUSTODIAN OF RECORDS FOR: DR. JAY CHO SEE ATTAC~E~ MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may dEi.~'f: or mail le~ble copi(-J of the documents or produce e~ ~aflted by t~s $ubp~ e~g*~e~ ~,t~ :he cemficzte ~ ~ompli~ce. ro the p~ m~nS this r~uflt at the Id~ ~ I~t. You ~vl t~l ri~nt ~o s.~ ,~ advice. ~e ~nable eo~ of prep~nS the copifl or produ~n~ the ~ ~L If you f~l ro ..--.oducE the documents a~, thinss required by thJs sub~ma, w-ithb,~ neenn/(~n} days ai':Er i~s SE~ ce '"E ;U? sen'inS ~d~s s~p~oena may s~k & Cmu'~ order compellin$ you to comply with i~ T~II5 5L'BPO '--~A WA5 ISSUED AT THE REQLIT~T OF ~ F-OLLOWING PERSON: NAM~. NANCY MANCHEKI, ESQ. A~OR~.~.~: 1880 JFK BLVd.. gTE 1200 PHIM.,PA 19103 T~LE~HON~ 215-246-0900 A~O ~N~ ~ DEFE~T 5e-I c~ the EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JAY CHO, M.D. REHAB MEDICINE ASSOC. 5124 E. TRINDLE RD. MECHANICSBURG, PA 17055 RE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes, ~original X-Rays, bilhng and payment records, relating to any exar~ifation, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CLINTON TIMMINS Social Security ~. 164-26-9868 Date of Birth: 10-03-1932 SU10-345334 $0416--L04 CEIITIFICATIg PP. EP, EqUIS~TE TO SEIIVICE OF A SUBPOENA PUP, SUANT TO RULE 4009.22 IN THE MATTER OF: CLINTON TIP~4INS -VS- KIMBERLY A. FELICE COURT OF C0~ON PLEAS TERM, CASE NO: 01-04531 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESKI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of NANCY MANCHESKI, EsquIRE Attorney for DEFENDANT DEll-303571 80416 --LO5 COEON--w~ALTH OF PENNSYLVANIA CO%~TY OF CL~4BERLAND IN THE MATTER OF: CLINTON TI~INS -VS- KIMBERLY A. FELICE COU~T OF COl~iON PLEAS TERM, CASE NO: 01-04531 NOTICE OF II~'~I~iT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SHITH ~ADIOLO~Y JAY CNO, M.D. m~ALTBSOUTH-D~GNOSTIC CTRS. BE~K CHIROPRATIC T~INDLE ~BILITATION CENTE~ ~DICAL X-EAY ONLY ~DICAL RECORDS & XRAYS I~DICAL RECORDS & XBAYS I~DICAL RECORDS & XRAYS ~DICAL RECORDS & X~AYS I~DICAL RKCORDS & X~AYS TO: k~l'l~IAtiE. ANSTINE, JR., ESQ HCS on behalf of tiANCYHANCHESKIr ESqUiRE intends to serve a subpoena identical to the one ~hat ts attached to this notice. You have twenty (20) days from the date listed belo~ in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completinS the attached counsel card and returnin$ same to HCS or by contacting our local HCS office. DATE= 1211812001 CC: NANCY HANCHESKX, ES~FXRE - 381-65628 Any questions resardin$ this mtter, contact TI~ HCS ~ROUP INC. 1601HAF~T STREET ~8oo PIFILADNLPHIA, PA 19103 (215) 246-0900 DE02-173471 80416--C01 _~OMMON~f[~ALTI-I OF PENNSYT. VANI.% ¢OU~ OF CUMBERL~\'r) CLINTON TIMMINS VS KIMBERLY A. FELICE No. 01-04531 SUBPOENA TO PRODUCE DOC~-I'$ OR TI'{ING FO R DISCOVERY PC RS U &.%-r TO RULE 4009 TO: CUSTODIAN OF RECORDS FOR: HEALTH SOUTH -DIAGNOSTIC CENTER Whhin nve..'~...- {2{3) days ,~'~ei' sim'ice of ~s su~p~ ,~ ~ ~ ~ ~ ~ to produce the followln~ 4~mfnts or SEE AiT.~ ~'~ ' MCS GROUP INC., 1601 MARKET ST.. .. ,I. :'"{!A.,PA 19103 You may dci.k'~ or mail legible copid.~ ot tho doc~mef~ M ~ ~ ~a~ed ~ ~l subp~ toffft~ef wi~h ~he ce~ificzte ~ c°mpii~cL ~° the P~ ~nS this r~v~ M '~ ~ ~ a~e' · You ~e the fi~ht to s~ in' you fa~l v, ..--.oduct the do~ament~ or ti'Linp require4 ~ ',,e ~,eg~,~, wit,"..Ln tsven~ (ws) days a~sr its service, the sera'ins :i'~s s;~poena may seek a cmu~ order c=mpeih.! ,~ · ~7. with ~. l'bilS SL'~PO~:N'A WAS I$$UID AT T'HE R [(~L'~'T OF ~ ~LLO~G PERSON: ADOR~ 1880 a~ BL~.. ST~ lZ0Q P~ILA. ,PA 19103 TELE?MONR 215-246-0900 $UPR~ CO~ ID ~ DAT~ SeaJ o~ the CouJ"~ (-'_ff. 719,-) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH-DIAGNOSTIC CTRS. 4349 CARLIDE PIKE CENTER OF CAMP HILL CAMP HILL,, PA 17011 RE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes, ~original X-Rays, billing and payment records, relating to any exar~lfiation, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CLINTON TIMMINS Social Security ~ 164-26-9868 Date of Birth: 10-03-1932 SU10-346048 80416--L05 CERTIFICATE PREP. E~UISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CLINTON TI~MINS -VS- KIMBERLY A. FELICE COURT OF COMMON PLEAS TERM, CASE NO: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESKI, ESQUIRE certifies that (~) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of NANCY MANCHESKI, ESQUIRE Attorney for DEFENDANT DEll-303572 80 4 1 6 --LO 6 COlVII~OSFWT~3-.TH OF PENNSYLVANIA 'COUNTY OF CtriVIBERLAND IN THE MATTER OF: CLINTON T I~4INS -VS- KIMBERLY A. FELICE COURT OF COn.iON PLEAS TERM, CASE NO: 01-04531 NOTICE OF INTg~T TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SHITHRADIOLO~Y JAY CEO, M.D. HKALTHS0u'fn-DIAGHOSTIC CTRS. BEU,~ER CHIROP~ATIC TRINDLE REHABILITATION C~NTER HEDICAL X-rAY ONLY HEDICAL F, ECO~DS & XRAYS HEDICAL ~ECORDS & ~'eAYS HEDICAL ~ECORDS & ~AYS HEDICAL RECORDS & ~'~A~S MEDICAL RECORDS & XRAYS TO: WILLIAM B. ANSTINE, JR., HSQ MCS on behalf of NANCY MANCBES~ HSqUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t-~nty (20) days from the date listed belme in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~nty day notice period is waived or if no objection is ~ade, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by c-,~.letiuS the attached counsel card and returninS same to MCS or by contacting our local MCS office. DATE= 12/18/2001 CC: NANCY HAMC~ESr~, KSQUIR~ - 381-65628 HCS on behalf of NANCY HAN(3tESI[I, ESQUIRE Attorney for DEPENDAI~f Any questions regarding this matter, contact Ih~MCS GROUP INC. 1601 MAUr~T STRKET t8oo PHiLADeLPHIA, PA 19103 (215) Z46-0900 DK02-173471 80416--C01 ~0MMON'WEALTH OF PENNSYT. VANI:~ COUNTY OF CUMBERLAND CLINTON TIMMINS V$ KIMBERLY A. FELICE Ne. 01-04531 SUBPOENA TO PRODUCE DOC'L~5 OR THINGS FOR DISCOVERY PURSU&N-r TO RULE ¢009 ,r) CUSTODIAN OF RECORDS FOR: BECKER CHIROPRACTIC {Name o( P,non or :.n.~. ! SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., #800, PRILA.,PA 19103 advice, u~e ~flable co~ of prep~fl$ the copifl or produ~flj the ~ ~L If you f';l m ?.oduce the documents or tAiflss required by t~s sub~qoor~,l, w-EtA3~ t'wen~. ("~) days L~rr its sec'ice, the se~'.'in$ ti'~ ,;~poefli may sesk a cmu~ order compellin$ you m comply w~h ~. THIS SL'SPO~/A WA~ ISSU~ AT'FEE R£QUEST OF ~ ~LLO~G P~SON: NAM~ N~ ~CH~Y, ADDR~ 1880 J~ ~L~.. ~TE ~2oo PHI~. ,PA 19103 TELEP~ON~ 215-246-0900 SUPR~ ~O~ I~ ~ A~O~N~ ~ DEFE~T DAT~ C URT -- ,t~.. Sea] c~ the Court (--_ff. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BECKER CHIROPRATIC 501 MARKET STREET LEMOYNE, PA 17043 RE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any exan2in~ation, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CLINTON TIMMINS Social Security ~ 164-26-9868 Date of Birth: 10-03-1932 $U10-345338 80416--L06 CERTIFICATE PP. KP. EQUISITE TO SE~FICE 0F A SUBPOENA PUP. SUANT TO R~LE 4009.22 IN THE MATTER OF: CLINTON TI~4INS -VS- KIMBERLY A. FELICE COURT OF CO~9{ON PLEAS TERM, CASE NO: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESKI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of NANCY MANCHESKI~ ESQUIRE Attorney for DEFENDANT DEll-303573 8 0 416 --LO 7 COF~4ON-~ALTH OF ?ENNSEVANIA COUNTY OF CUI~IBERLAND IN THE MATTER OF: CLINTON TI~94INS -VS- KIMBERLY A. FELICE COU~T OF CO~ON PLEAS TERM, CASE NO: 01-04531 NOTICE OF IIvI"~JiT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SM/TH RADIOLOGY JAY CHO, M.D. BF~qLTH SOUTH - DIAGNO ST IC CTHS. BK~-_a~t ~ CHIROPRATIC THINDLE RFRARILITATION CENTER ~DICAL X-RAY ONLY ~DIGAL R~CORDS & XRAYS ~EDICtL u~O~DS & XRAYS MKDIGAL RECORDS & XRAYS MEDICAL RECORDS & Y~AYS HEDICAL RECORDS & Xl~AYS TO: IFfT.LIAM B. ANSTINK, JR., ESQ MCS on behalf of NANCY MANCHKSrr~ ESqUIRK intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frem the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returnin$ same to MCS or by contacting our local MCS office. DATH: 1211812001 CC: NANCY MABC~ES~/, ESQUIRE - 381-65628 14CS on behalf of ~ M~S~, ESqUI~ Attorney for DEPENDANT Any questions regarding this matter, contact THH ~CS GHOUF INC. 1601 MARJ~F ST~T ~8oo Pfl~J, ADKLPHIA, PA 19103 (215) 246-0900 DK02-173471 80416--C01 ANSTINE & SPARLER BY: WILLIAM B. ANSTINE, JR. IDENTIFICATION NO. 117 EAST MARKET STREET YORK, PA 17401 ATTORNEY FOR PLAINTIFFS Clinton O. Timmins and Phyllis Timmins Our file # 381-65628 Clinton O. Timmins and Phyllis Timmins h/w VS. Kimberly A. Felice COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 01-04531 ORDER TO SETTLE, DISCONTINUE & END Kindly mark the above matter Settled, Discontinued and Ended, upon payment of your costs only. ANSTINE & SPARLER DATED: WILLIAM B. ANSTINE, JR., ESQUIRE Attorney for Plaintiffs ..COMMON'W~ALTH OF PEN'h/SYLVANIA COUNTY OF CUMB ERL~.,.ND CLINTON TIMMINS VS KIMBERLY A. FELICE 01-04531 SUBPOENA TO PRODUCE DO~-I'$ OR THING~ FOR DISCOVERY PURSUA. NT TO RULE 4009 '~'~ TO: CUSTODIAN OF RECORDS FOR: TRINDLE REHAB, MEDICINE CTR. Wi:him ~e~' (~) 4ay~ ~ scm'ice o~ r~s su~ yo. ~ ord~ ~ ~ ~ ~a ~duce the followin~ ~mems ~ SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., #800, PNILA.,PA 19103 You may. deL~'~ or m,lJl e~b · copies of the dor~me~ or produce th:L.%SB raqaested by. reis subpo4na, tosether wi~h the ~emfica~e ~ compli~ce, to the p~ m~flS this r~uflt at the ad~ b~ a~e. Yo~ ~ve the ~iSht m sfl~ iff advice. ~e ~nabie c~ ~ prep~nS the copi~ or produ~flK the ~ ~ you fiji m ~educe the dorumorttS or thiflp required by this subpoorta, wit.b. Ln t'weflr'y. ("fl) days M~er its service, the p&'vy ser%'ifl$ t~',b st~po~na may sesk a cram ordor rompellifl$ you to comply with J. TI/IS qL"~PO -KWh WAS ISSUED AT'I'HE R~:QfJF,~ OF ~ ~LLO~G PERSON: NAM~ N~CY ~CH~I, ~q. AD~K~ 1880 J~ BL~.. STE 1200 PHI~. ,PA 19103 TEL~PHON~ 215-246-0900 A~O~ ~ DE~T Sea~ d the Court ('-.ff. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRINDLE REHABILITATION CENTER 5124 EAST TRINDLE RD. MECHANICSBURG, PA 17055 RE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any exam. in~ation, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CLINTON TIMMINS Social Security ~. 164-26-9868 Date of Birth: 10-03-1932 SU10-345340 80416--L07