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HomeMy WebLinkAbout03-0351KIMBERLY KOONTZ, : IN THE COURT OF COMMON PLEAS OF PLAINTTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003- .a 5'I CIVIL TERM KARLENE HELMAN CIVIL ACTION - LAW DEFENDANT PRAECIPE FOR A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff and issue a Writ of Summons against the defendant, Karlene Helman. Please direct the Sheriff to serve the defendant as follows: Karlene Heiman 103 Kime Avenue Bendersville, PA 17306 Date: January 22, 2003 To: KARLENE HELMAN By: Respectfully submitted, IRWIN, McKNIGHT & Marcus McKn' ht, H, Es, 60 West Pomfret S t Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 You are hereby notified that Kimberly Koontz, the plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. nPROTUO OTAI?l Ry By: li oQ? DEPUTY Date?,, ,? .?? ,2003 c? C? - c_ c,, s ,' ?? V ? ? ? i ._. _.i ? 'L .-O ?'? fv .. r, v? G? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00351 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOONTZ KIMBERLY VS HELMAN KARLENE R. Thomas Kline .00 68.60 01/30/2003 IRWIN MCKNIGHT HUGHES duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HELMAN KARLENE but was unable to locate Her deputized the sheriff of ADAMS Sheriff or Deputy Sheriff who being in his bailiwick. He therefore serve the within WRIT OF SUMMONS On January 30th , 2003 , attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams Cc Sworn and subscribed to before me this J day of -2 A. D. Prothonotary So answer 18.00 9.00 10.00 R. Thomas Kline 31.60 Sheriff of Cumberland ounty County, Pennsylvania, to s office was in receipt of the In The Court of Common Pleas of Cumberland County, Pennsylvania Kimberly Koontz VS. Karlene Helman SERVE: same No. 03 351 civil . Now, January 23, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of , 20 Sheriff of COSfs Sr.RVICF g MILEAGE _ AFFIDAVIT County, PA Affidavit of Service ,20 ,at o'clock M. served the ??IVJ175 '? :II b hz Or EOOl 4 ?- MASON DIXON BUSINESS FORMS, INC. 33000026 DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE INS HIM: See 'INSTRUCTIONS FOR SERVICE OF PROCESS BY IFF" on tl reurri?ng reedapy of all St op)iesscopy of . this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN type e aHV RM Do not PLAINTIFFS/ t detach arty ooples. ACSD ENV.J' 2. COURT NUMBER KIMBERLY KOONTZ 3. DEFENDANTS/ 2003-351 Civil Tenn KART ENE HEIMAN 4. TYPE OF WRIT OR COMPLAINT: drit of 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEV ED, ATTACHED OR SOLD.CtlOn SERVE Karlene Helman 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT 103 Kime Avenue, Bendersville, PA 7. INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE O DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED O OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. SHERIFF OF ADAMS COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATO:Rr.e que sting service on behalf of: 10. TELEPHONE NUMBER Marcus A. McKnight, III, EsPLAINTIFF ? DEFENDANT (717) 249-2353 SPACE BELOW FOR USE OF SHERIFF ONLY - DON T WRITE BELOW THIS LINE or complaint IaiM a as indicated above. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Dale Received 14. Expiration / Hearing date . Jan. 24 2003 15. 1 hereby CERTIFY and RETURN that I %i have personally served, ? have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse) ? have posted the above described property with the writ or complaint described on the Individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16. O 1 hereby certify and return a NOT FOUND because I am unable to locate the 17. Name and title of individual served etc., named above. (See remarks below) 19. A person of suitable ape and discration Read Order Karlene Heiman plm'".?e`a?lbn Is. In it, aetendanPe usual ] 19 Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) 1/27/2003 1 6:57PM 22. ATTEMPTS I Date I 111 111 Dep.lnt. Dale MIN" Dep.InI. Date 23. Advance Costs 24. MOD AD. 51Tt37ff #3S 25. 1 26. AFFIRMED and subscribed to before me day A I ACKNOWLEDGE RECEIPT OF THE SNEgII RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE, Mlles Dep.lint. Date Mils" Dep.lnt. Date Mlles Dep.lnt. 27. Total Costs 26.70 MMI1o1970N REFUND 31.60 Pd. 1/29/03 $118.40 Ck. #8650 WER. f`-G BY ( Dep. Pla"se Prkn or Type) C. Date Kevin Miller 1 27 2003 RAYM f eW NMM Ta°27/2003 SHERIFF OF ADAMS COUNTY 39. Date Received PROTHONOTARY 33000026 SHERIFF'S RETURN OF SERVICE ( ) (1 ) The defendant by mailing to , the within named prepaid, a true and attested copy thereof at - mail, return receipt requested, postage on the The return receipt signed by defendant on the is hereto attached and made a part of this return. ( ) (2) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (1) (2), by mailing a true and attested copy thereof at in the following manner: ( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( ) (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. (4 ) By mailing to_ mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The Authorities marked is hereto attached. ( ) ( 5 ) Other, returned by the Postal Johnson, Duffle, Stewart & Weidner By: John F. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KIMBERLY KOONTZ, Plaintiff V. KARLENE HELMAN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. JOHNSO DUFFIE, ST WART & WEIDNER By Joy n R. Ninosky, Esquire Attorneys for Defendant DATE: 7/c;5/6 r CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on _7a Aq Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes, 60 West Pomfret Street Carlisle, PA 17013 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By f5'1? I Lwk ? hn R. Ninosky, Esquire I.D. #: 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant, Cromwell :229796 J !'? n,? _? c?? - _ _,.'- a ? - - =r3 ? : X59 T r,? -..,;..,, - `c7 _ y ;i _. ? ??' ?< `; .. G`; Johnson, Duffle, Stewart & Weidner By: John F. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KIMBERLY KOONTZ, Plaintiff V. KARLENE HELMAN, Defendant TO THE PROTHONOTARY: Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE PLEASE issue a Rule upon the Plaintiff to file her Complaint within twenty days of service of this Notice or suffer judgment of non pros. DUFFIE, STE?WART & WEIDNER DATE: 7/06 6 t( By' ? pYt/f'1 /t / M ?6hn R. Ninosky, Esquire Attornevs for Defendant RULE TO: Marcus A. McKnight, III, Esquire, Irwin, McKnight & Hughes, 60 West Pomfret Street, Carlisle, PA 17013, Attorneys for Plaintiff: AND NOW, this.214tlay of 2004, you are hereby notified to file a Complaint within twenty (20) days from the date of service of this Rule or a default judgmen ay be entered against you. Curt Long, Prothonotary CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on y Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By C ??} r Jo VP. Ninosky, Esquire I. D. #: 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant, Cromwell :229796 r? > <"ti C`, ` t^ '. _ i 1'i? ? . -n iT_ ^J _. it I'-J („?i KIMBERLY KOONTZ, : IN THE COURT OF COMMON PLEAS OF PLAINTTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-351 CIVIL TERM KARLENE HELMAN CIVIL ACTION - LAW DEFENDANT NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KIMBERLY KOONTZ, : IN THE COURT OF COMMON PLEAS OF PLAINTTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-351 CIVIL TERM KARLENE HELMAN CIVIL ACTION - LAW DEFENDANT COMPLAINT W AND NOW, this :P day of September, 2004, comes the Plaintiff, KIMBERLY KOONTZ-HINES, by and through her attorneys, Irwin & McKnight, and makes the following Complaint against the Defendant, KARLENE HELMAN, averring as follows: 1. Plaintiff Kimberly Koontz-Hines is an adult married individual principally residing at 8 East Jefferson Avenue, Myerstown, Pennsylvania 17067. 2. Defendant Karlene Helman is an adult individual principally residing at 103 Kime Avenue, Bendersville, Pennsylvania 17306. 3. On or about June 22, 2001, Plaintiff Kimberly Koontz-Hines was lawfully operating her automobile at South 32"d and Chestnut Streets in Camp Hill, Pennsylvania. 4. On or about June 22, 2001, Defendant, Karlene Helman was traveling, in the same direction as Plaintiffs at South 32nd Street and Chestnut Street in Camp Hill, Pennsylvania. 5. Plaintiff Kimberly Koontz-Hines, upon approaching traffic signal light, brought her automobile to a complete stop. 6. Defendant Karlene Helman was not looking at the stopped traffic as she approached the vehicle of Kimberly Koontz-Hines and without warning struck her vehicle. 7. Defendant's vehicle violently struck Plaintiff's vehicle from behind. 8. The actions of Defendant Karlene Helman were negligent, careless and reckless in that she: a. failed to operate her automobile in a safe manner and under proper and adequate control; b. failed to observe Plaintiff's brake lights or vehicle and be reasonably vigilant to observe the roadway and position of Plaintiff's vehicle; c. disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway in violation of 75 Pa.C.S.A. § 3361; d. failed to maintain proper and adequate observation of the existing traffic conditions; e. failed to be continuously alert, to perceive any warning of danger that was reasonably likely to exist, and to have the vehicle under such control that injury to persons or property could be avoided; 2 f. failed to warn the Plaintiff of the impending collision by sounding her hom, g. failed to avoid striking Plaintiffs vehicle; and h. otherwise failed to exercise due and proper care under the circumstances. 9. The impact from Defendant's automobile into Plaintiffs automobile on the highway caused the rear of the Plaintiffs automobile to be damaged. 10. As a result of the accident, the Plaintiff, Kimberly Koontz-Hines suffered numerous injuries, including neck, back, jaw, shoulder left arm and knee injuries with severe headaches. 11. Plaintiff Kimberly Koontz-Hines experienced great physical pain and discomfort. She has treated with specialists numerous occasions and was prescribed medications as well as physical therapy for her pain and other symptoms. 12. The negligent, careless and reckless actions of the Defendant, Karlene Helman, are the direct and proximate cause of the injuries to the Plaintiff, Kimberly Koontz-Hines. 13. As a direct and proximate result of the negligence of Defendant, Plaintiff has been compelled, in order to effect a cure for the aforesaid injuries, to expend sums of money for medicine and/or medical attention, to her detriment and loss. She seeks payment of her medical expenses. 14. Plaintiff seeks compensation for the pain and suffering she has endured since the date of the accident. 3 15. Since the date of the accident, the Plaintiff has been unable to return to her pre-injury job and has been unable to work at a job on a full time basis. 16. Plaintiff seeks compensation for her wage loss since the date of the accident and continuing 17. The Plaintiff seeks damages for permanent injuries sustained 8in the collision of June 22, 2001. WHEREFORE, the Plaintiff, Kimberly Koontz-Hines, seek damages from the Defendant, Karlene Helman, in an amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & MCKNIGHT By: I Marco A. 60 We P Carlisle e (717) 49 0 vania 17013 Attorney for plaintiff Kimberly Koontz-Hines a Date: September ZX, 2004 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. KI ERLY H#NES Date: i ? 004 CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: JOHN R. NINOSKY, ESQUIRE JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O. BOX 109 J i LEMOYNE, PA 17043 Date: September 2004 IRWIN & IGII Marcus,4 Mc , III, Supreme rt I.D. No. 25476 W omfret Professional Bui ,456 West Pomfret Street Carlisle, Pennsylvania 179-U- C) ? o L?7 T _n I, c-u nir= r? z, m _n c I'D IN .. 1._.' ? L.'YI ..1v A Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com KIMBERLY KOONTZ, Plaintiff V. KARLENE HELMAN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-351 CIVIL TERM CIVIL ACTION - LAW 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, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoena, is attached to this Certificate; (3) There is no objection to the subpoena and the twenty (20) day rule has been waived, therefore there is no delay in serving the subpoena; (4) A copy of correspondence to Plaintiffs attorneys, confirming that there are no objections to the subpoena and the twenty (20) day notice has been waived, is attached to this Certificate; and (5) The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ? ? . ?4 J n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: III a J Dq JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELUCE JEFFERSON J. SHIPMAN RALPH H. WRIGHT, JR. MARK C. DUFF[E JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 OHNSON ' :)UFFIE November 12, 2004 Re: Koontz v. Helman No. 2003-351 Civil Term Dear Mr. McKnight: OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN BRUCE J. GROSSMAV 'admitted in NY only, WRITER'S EXT. NO. 145 E-MAIL sml@jdsw.com I would like to confirm my telephone conversation of yesterday with Tracy wherein she informed me that you have no objections to our subpoena to Erie Insurance and have waived the twenty (20) day waiting period. Thank you. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Susan M. Ladeda Paralegal to John R. Ninosky 232857.6 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WVVW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSI?'.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com KIMBERLY KOONTZ, Plaintiff V. KARLENE HELMAN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-351 CIVIL TERM CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ?4 J n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: II/a/94 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance Group (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: your entire PIP file pertaininq to Kimberly Koontz and claim number 010170559456. at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv, Esquire . ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Prothonotary/Clerk, Civil ivisi Deputy DATE: /)en n. 14 71!?6? Seal of the Cou6 (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of Nove,imbZY , 2004. Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: . ?? 4 Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the /ali'h day of Np ?t rkhb tr , 2004. Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: , Joh *RWinoskfy, Esquire? Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant F. (" .7 rte, <:: ? s C-T G..:.? ?- : ,.i t .i :„p (??r, . __ •-? i?n :. J C.rl ? „ ? ),-a y _? ?a'?? C?J ?• :.a? ?l - ;? "" (.'' & `.7 -'C 06/23/2005 09:59 FAX 7172949478 MWK&E HGB PA Metzger, Wickersham, Knauss & Erb, P.C. By. Clark DeVere, Esquire Attorney I.D. No. 68768 P-0. Box 5300 3211 North Front Street Z002 Harrisburg, PA 17110-0300 Attorneys for Plaintiff (717) 238-8187 rdy@mwke com KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003 --351 CIVIL TERM CIVIL ACTION - LAW KARLENE HELMAN, Defendant JURY TRIAL DEMANDED TO THE PROTHONOTARY: Kindly withdraw the appearance of Marcus A- McKnight, III, Esquire, as counsel for the Plaintiff, Kimberly Koontz, in this action. IRWIN & Esquire I.D. N6.25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 325797.1 Kindly enter the appearance of Clark DeVere, Esquire, and Metzger, Wickersham, Knauss & Erb, P.C., on behalf of the Plaintiff, Kimberly Koontz, in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By:- Clark DeVere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: r7-al-OS 325797-1 CERTIFICATE OF SFRVICIE AND NOW, this o'erla? day of July, 2005, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Praecipe To Substitute Counsel this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Marcus A. McKnight, 111, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 ?t Clark DeVere, Esquire 325797-1 r? 7 ?) c.? -ct l.. e» -i t? -t-'? ???? Ram %i'• [??l V ? yA?- •fJ Metzger, Wickersham, Knauss & Erb, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 KIMBERLY KOONTZ, V. KARLENE HELMAN, Plaintiff Defendant TO THE PROTHONOTARY: Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 -351 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED Please take notice that Plaintiff in the above-captioned action demands a jury trial in this matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Dated: 7-01-o.<_ Attorneys for Plaintiff 325797-1 AND NOW, this _,Z! Say of July, 2005, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Demand for Jury Trial this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 2-/--- Clark DeVere, Esquire 325797-1 ?,, -r ?, ,; ??`"=' a i't? %`, ?, t.. <S; ?_; '? 'c Johnson, Duffle, Stewart & Weidner By: John F. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KIMBERLY KOONTZ, Plaintiff V. KARLENE HELMAN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Clark DeVere, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff You are hereby notified to plead to the following New Matter within twenty (20) days. JOHNSON, DUFFIE, STEWART & WEIDNER By: J n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: jrn@jdsw.com DATE: Valor Attorneys for Defendant 236576 Johnson, Duffle, Stewart & Weidner By: John F. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Karlene Heiman, by and through her counsel, Johnson, Duffie, Stewart & Weidner, and John R. Ninosky, Esquire, who files this Answer with New Matter by respectfully stating the following: 1. Denied. After reasonable investigation, the Defendant is without sufficient information to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and strict proof is demanded at the time of trial. 2. Admitted. 3. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 4. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 5. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 6. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 7. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 8. Denied. The allegations contained in this paragraph. including subparagraphs (a) through (d), contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 9. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 10. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 11. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 12. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 13. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 14. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 15. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 16. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 17. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint with prejudice and that judgment be entered in Defendant's favor. NEW MATTER 18. That Plaintiffs Complaint fails to state a claim upon which relief may be granted. 19. That Plaintiffs claims and/or alleged losses may be barred by the applicable statute of limitations. 20. That any damages that the Plaintiff may be entitled to recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et sec. 21. That Plaintiff's claims and/or alleged losses may be barred and/or limited by the Limited Tort Option pursuant to 75 Pa. C.S.A. §1705 et seq. 22. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 23. That any negligence on the part of the Defendant, which negligence is expressly denied, was not a substantial factor, nor a factual cause of any harm sustained by the Plaintiff. 24 That Plaintiff may have assumed the risk of her alleged injuries. 25. That Plaintiff's claims and/or alleged losses may be barred and/or limited by the Doctrine of Contributory and/or Comparative Negligence. WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint with prejudice and that judgment be entered in Defendant's favor. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: L John R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 :236577 Attorneys for Defendant VERIFICATION I, Karlene Heiman, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4804. ?? ? / Karlene Heiman DATE: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on August 2, 2005: Clark DeVere, Esquire Metzger Wickersham P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By G? /C / l /CCG? J n R. Ninosky, Esquire I.D. #: 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 255941 _ ._> ?-? ? Yi Ji ? "7- ? t Z ??? .`?`? (.J t `- , _, t., __ ? -? lJ ,l ^' -` Ci Metzger, Wickersham, Knauss & Erb, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Attorneys for Plaintiff (717) 238-8187 cdv mwkP nom KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003 -351 CIVIL TERM CIVIL ACTION - LAW KARLENE HELMAN, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 18. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. 1029(e). The Plaintiffs Complaint states claims upon which relief can be granted and no Preliminary Objections were filed to the Complaint. 19. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. 1029(e). By way of further reply, Plaintiffs Complaint was timely filed and served upon Defendant. 20. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied as the averments do not specify what damages are limited by the Pennsylvania Motor Vehicle Financial Responsibility Law and denied pursuant to Pa. R.C.P. 1029(e). 333344 21. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. 1029(e). On the contrary, Plaintiff had elected the full tort option on her automobile insurance policy which was in effect at the time of the accident. A true and correct copy of the declaration sheet showing the full tort election is attached hereto as Exhibit "A" and incorporated herein by reference. 22. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. 1029(e). By way of fixrther reply, Defendant has failed to specify why her actions were not a proximate cause of any damages to Plaintiff. Furthermore, Defendant's negligence caused serious injuries to Plaintiff. 23. Conclusions of law, no reply required. If a reply is required, the Defendant was negligent for the reasons set forth in the Complaint and her negligence was a substantial factor and a factual cause of harm to Plaintiff. 24. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. 1029(e) and 1030 (note). By way of further reply, Plaintiff did not assume the risk of any of the injuries she sustained as a result of this accident. 25. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. 1029(e) and 1030 (note). By way of further reply, Plaintiff was not negligent in any manner. -2- 333344 WHEREFORE, the Plaintiff, Kimberly Koontz, now known as Kimberly Hines, demands that Defendant Karlene Helman's New Matter be dismissed and that judgment be entered in her favor as requested in the Complaint filed in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Clark DeVere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: tr'/h -o.5- -3- 333344 12/20/2002 FRI 06:04 FAX D CONTINUATION NOTICE AA7649 JED H GINGRICH KIMBERLY A KOONTZ 293 DORSEY LANE DILLSBURG PA 17019-9577 AGENT - JED H GINGRICH ***** AGENT PHONE - (717) 272-2975 ERIE INSURANCE EXCHANGE PIONEER FAMILY AUTO POLICY 09122/00 TO 09/22/01 Q09 2206702 H AS LISTED BELOW 702 CUMBERLAND STREET LEBANON PA 17042 5234 * CONGRATULATIONS; A PIONEER EXPERIENCE RATING CREDIT HAS * BEEN APPLIED TO YOUR POLICY PREMIUM. ITEM 4- AUTOS COVERED AUTO YR.MAKE VIN ST TER SYM RATING CLASS 1 95 MERC MYSTIQUELS 1MELM66L4SK633516 PA 1U A A2AS FS35 DDP ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM, OR INCL, IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANNUAL PREMIUMS ARE AS FOLLOWS- #1 *****GOOD DRIVER RATES APPLY***** --- THE FULL TORT OPTION APPLIES TO ALL PRIVATE PASSENGER VEHICLES. --- LIABILITY PROTECTION- BODILY INJURY $300M/PERSON $300M/ACC 106 PROPERTY DAMAGE $300M/ACC 97 FIRST PARTY BENEFITS- MEDICAL EXPENSE $10M 29 INCOME LOSS $1M/MONTH, $15M MAXIMUM 10 ACCIDENTAL DEATH $5M 1 FUNERAL BENEFIT $2.5M 1 UNINSURED MOTORISTS COVERAGE- BOD INJ $300M/PERSON $300M/ACC-STACKED 19 UNDERINSURED MOTORISTS COVERAGE- BOD INJ $30OM/PERSON $300M/ACC-STACKED 80 PHYSICAL DAMAGE COVERAGES- COMPREHENSIVE - $100 DED 62 COLLISION - $250 DED 206 OPTIONAL COVERAGES- ROAD SERVICE 4 TRANSP EXPENSES - COLL $20/DAY, $900/LOSS 12 TOTAL ANNUAL PREMIUM FOR EACH AUTO 627 TOTAL ANNUAL POLICY PREMIUM $ 627 ITEM 6. APPLICABLE POLICY, ENDORSEMENTS, EXCEPTIONS TO DECLARATIONS ITEMS 12/20/2002 FRI 06:05 FAX iLL AUTOS - FAP 04/97, AFPNOI 10/98, AFPA03 10198. aUTO 1 - AFPU01 04/99. ),SSIVE RESTRAINT DISCOUNT APPLIR'S - DUAL AIRBAGS AUTO 1 rrrttwt**trttrtttrrtrttrttx*ttrrrrtr****rttrrtrxrrrttrrtr+e**rttrttr * FIRST ACCIDENT FORGIVENESS APPLIES. THE FIRST SURCHARGE FOR A * FUTURE AT-FAULT ACCIDENT WILL BE WAIVED. rrtr,tt,rrtrtttrt*x*k*rttrex:et*tt*tt*,r,rt*ttrtttt,e xr**rt**tver*+rrtt*tx* EXPLANATION OF ADULT &/OR YOUTHFUL DRIVER RATING CLASS AUTO 1-TO WORK 6-10 MILES ONE WAY, UP TO 8,500 MILES ANNUALLY FEMALE, SINGLE, AGE 35-39 ND WFS 08/19/00 I, Kimberly Hines, hereby certify that the following is correct: The facts set forth in the foregoing Plaintiff s Reply to New Matter are based upon information which I have famished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs Reply to New Matter is that of counsel and not my own. I have read the Plaintiff s Reply to New Matter and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Plaintiff s Reply to New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiff s Reply to New Matter are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: V -1N-16'5- ? Kimbe Hines 333344 AND NOW, this !'day of August, 2005, 1, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Plaintiff's Reply to New Matter this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Johnson, Duffle, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 Clark DeVere, Esquire 333344 n n ? c. ?-? u, n'r=' f c? 0 - j _itJ -- 1 ?"1 ? ? CL G } Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-351 CIVIL TERM KARLENE HELMAN, CIVIL ACTION - LAW Defendant 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, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) There is no objection to the subpoenas. (See copy of correspondence from Clark DeVere stating same); and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DU/FFIE, STEWA/'RT & WEIDNER By: L//?swvt k ? ?'V.?t[e h Jollh R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: j / 30100 January 19, 2006 John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Re: Koontz v. Helman No. 2003-351 Dear John: !?` 9yo p`?p6' b e ? OJT? SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Colonial Park Lancaster 717-652-7020 717-431-0138 Mechanicsburg Millersburg 717-691-5577 717-692-5810 Shippensburg York 717-530-7515 717-843-0502 I received a Notice of Intent to Serve Subpoenas upon the following medical providers: 1. Community Wellness Center 2. Lititz Family Practice Associates 3. Thomas J. Stuart, M.D. 4. Mark J. Cerciello, M.D. 5. Orthopedic Spine & Sports Center of Lancaster 6. Penns Wood Physical Therapy 7. Graham Medical Clinic 8. Orthopaedic Institute of PA 9. Pinnacle Health Physical Therapy at Seidle Hospital 10. Holy Spirit Hospital 11. Dillsburg Family Health Center 12. Neurology Center 13. Lebanon Internal Medicine Associates 14. Stynchula Chiropractic 15. Pinnacle Health Physical Therapy at Dillsburg 16. Neuroscience & Spine Associates 17. Lebanon Orthopaedic Associates 18. ELCO Family Health Center 19. Westphal Group 20. M.S. Shakil, M.D. I have no objection as long as you are not securing originals of any of the documents, films and materials subpoenaed. If you receive the originals, I kindly ask that you return them to the sender and advise them they should make copies for you. 1 would like a complete copy of all documents secured, in accordance with our prior Request for Production Documents. In addition, if you should receive any type of correspondence or other communications from the parties subpoenaed you should send to me copies of that correspondence or communication. 345649-1 James F. Carl Edward E. Knauss, IV" Jered L. Hock Steven P. Miner Clark DeVere Francis 1. Lafferty; N Andrew W. Norfleet Karen W. Miller Mark E. Clouser "Board Certified in civil trial law and advocacy by the National Board of Trial Adwen, Page Two January 19, 2006 We are not authorizing any direct communication with any of my client's treating physicians in accordance with Pa.R.C.P. No. 4003.6 and applicable law. We anticipate sending to you responses to your discovery requests within the next couple of days and appreciate your patience in that regard. Sincerely, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ere CDV:sks 345649-1 ,c r. Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant KIMBERLY KOONTZ, Plaintiff V. KARLENE HELMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-351 CIVIL TERM CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Clark DeVere, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 PLEASE TAKE NOTICE that Defendant intends to serve twenty (20) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 549 U- J hn R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: I /( 34 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: Community Wellness Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records _reports, correspondence and diaanostic at Johnson. Duffle. Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Pr onotary/-Cler' , Civil 9f sion Deputy DATE: Qn/`4, Seal of the Coin (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: Lititz Family Practice Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence and diagnostic at Johnson. Duffie. Stewart & Weidner. 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv. Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Proth notary/yy? , evil Divi on DATE: ?dJ Io .,2/1r?(o Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Thomas J. Stuart, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports correspondence and diagnostic at Johnson Duffie Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON'. NAME: John R. Ninosky Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Prottlahotary/Clerk7ivil Di1ion Deputy DATE: )a, :' / ? Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mark J. Cerciello. M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports correspondence and diagnostic test results pertaining to Kimberly Koontz (DOB 9/29/60 SS# 212-72-6445). at Johnson. Duffie. Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv Esquire ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Prothonotary/Clerk-01vil Div ion Deputy DATE: J.'7') ? a 0(16 Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports correspondence and diagnostic test results pertaining to Kimberly Koontz (DOB: 9/29/60 SS#: 212-72-6445). at Johnson. Duffle. Stewart & Weidner. 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv, Esquire . ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: n Prothonotary/CIeH Civ`il Divis} n Deputy DATE: .Jcz.t-) ?. o26nU-' Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penns Wood Physical Therapy (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports correspondence and diagnostic test results pertaining to Kimberly Koontz (DOB 9/29/60 SS# 212-72-6445). at Johnson. Duffle. Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Proth'onotary/Clerk;-Ci'vil Divisi,0 4/ Deputy DATE: 'J'41 [o . o Seal of the urt (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Graham Medical Clinic (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence and diagnostic test results pertaining to Kimberly Koontz (DOB: 9/29/60; SS#: 212-72-6445). at Johnson. Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninosky. Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 DATE: .266L Seal of the Court BY THE COURT: Prothonotary/Clerk-Civil Divisin Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence and diagnostic at Johnson. Duffie Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Prothonotary/Clerk, roil D11 6n Deputy DATE: nn( ' Seal of the Court (Eff. 7(97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth Physical Therapy at Seidle Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence and diagnostic at Johnson Duffie Stewart & Weidner, 301 Market Street P.O. Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 DATE: ? ),'7.,? Seal of the Co rt BY THE COURT: Prothon" otarylcl c, ivil Di ion Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports correspondence and diagnostic test results pertaining to Kimberly Koontz (DOB 9/29/60 SS# 212-72-6445). at Johnson. Duffie. Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17041 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 DATE: 6 Seal of the Co rt BY THE COURT: Prothdnotary/Clark, roil Divi ion v Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dillsburg Family Health Center and/or Vanitha Abraham M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports, correspondence and diagnostic test results pertaining to Kimberly Koontz (DOB. 9/29/60 SS# 212-72-6445). at Johnson Duffie Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv. Esquire . ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID 78000 BY THE COURT: Prothonotary/UerIC,?ivil DY sion C Deputy DATE: J o Seal of the Co rt (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports correspondence and diagnostic test results pertaining to Kimberly Koontz (DOB' 9129/60 SS# 212-72-6445). at Johnson. Duffie. Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninosky. Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Prothonotary/Cle roil Div on Deputy DATE: Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lebanon Internal Medicine Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports correspondence and diaqnostic at Johnson, Duffie, Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv, Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Prothonotary/GI c, ivil Div' ion J / Deputy DATE ?j (J() (? Seal of the Cou (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Stvnchula Chiropractic (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce c the following documents or thingsi any and all medical records reports correspondence and diagnosti at Johnson Duffie Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninosky, Esquire . ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID 78000 BY THE COURT: Prothonotary/Cler , ivil Division Deputy DATE. _J?g?_ b Seal of the Cou (Eff 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports correspondence and diagnostic test results pertaining to Kimberly Koontz (DOB 9/29/60 SS# 212-72-6445). at Johnson. Duffle, Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv. Esquire . ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: n Prottionotary[Cler , ivil DivGi// Deputy DATE: J? l? Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO NeuroScience & Spine Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things. any and all medical records reports correspondence and diagnostic at Johnson Duffie Stewart& Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with A. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv. Esquire . ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: r ?= ProfhonotaryC6ie6k1 Civil 13 ision V Deputy DATE: L Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lebanon Orthopedic Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports correspondence and diagnostic test results pertaining to Kimberly Koontz (DOB 9129/60 SS# 212-72-6445). at Johnson. Duffle Stewart & Weidner, 301 Market Street P.O. Box 109 Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: A Prothonotary/L4 c, Civil Dvision Deputy DATE L. Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ELCO Family Health Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence and diagnostic test results pertaining to Kimberly Koontz (DOB: 9/29/60 SS#: 212-72-6445). at Johnson Duffle Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. NinoskV. Esquire . ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: r Pro onotary/Gl r , ivil vision Deputy DATE: o2 8 Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Westphal Group (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence and diagnostic test results pertaining to Kimberly Koontz (DOB: 9/29/60' SS#: 212-72-6445). at Johnson Duffie Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv. Esquire . ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Prothonotary/Clerk Civil DivfMon Deputy DATE: ?o Seal of the Cou t (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:-M.S. Shakil M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports correspondence and diagnostic at Johnson Duffie Stewart & Weidner. 301 Market Street P.O. Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON'. NAME: John R. Ninosky. Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #'. 78000 BY THE COURT: T tr Prothonotary/Clerlt-C l Divl on Deputy DATE: -J ?o Seal of the Co rt (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the I3+h day of 'Tok n u 01 1d 2004. Clark DeVere, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 JOHNSON, DDU/FFIE, STEWART & WEIDNER By: c?jk e, AI JohhhR. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 781-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the 3°441 day of ?b Jan 1200 Clark DeVere, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 JOHNSON, D?UFFIE,,, STEWART & WEIDNER By: J n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant ?, ,_> t? T ? ?- '__ _ !?] : _' " ? : ? ` ( C Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-351 CIVIL TERM KARLENE HELMAN, CIVIL ACTION - LAW Defendant 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, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) There is no objection to the subpoenas and the twenty (20) day rule has been waived, therefore there is no delay in serving the subpoena; (4) A copy of correspondence from Plaintiff's attorneys, confirming that there are no objections to the subpoenas and the twenty (20) day notice has been waived, is attached to this Certificate; and (5) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Joh R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: q /f16b September 8, 2006 John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 RECEIVED SEP 1 12006 JOHNSON, DUFF STEWART AND WE10.i, Re: Koontz v. Helman SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Colonial Park Lancaster 717-652-7020 717-431-0138 No. 2003-351 Mechanicsburg Shippensburg 717-691-5577 717-530-7515 Wilkes-Barre York Dear John: 570-825-7500 717-843-0502 I received a Notice of Intent to Serve Subpoenas upon the following medical providers: 1. ELCO Family Health Center 2. NeuroScience & Spine Associates I have no objection as long as you are not securing originals of any of the documents, films and materials subpoenaed. If you receive the originals, I kindly ask that you return them to the sender and advise them they should make copies for you. I would like a complete copy of all documents secured, in accordance with our prior Request for Production Documents. In addition, if you should receive any type of correspondence or other communications from the parties subpoenaed you should send to me copies of that correspondence or communication. We are not authorizing any direct communication with any of my client's treating physicians in accordance with Pa.R.C.P. No. 4003.6 and applicable law. Sincerely, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. e ere CDV:sks James E Carl Edward E. Knauss, IV* Jered L. Hock Steven P. Miner Clark DeVere Francis J. Lafferty, IV Andrew W. Norfleet Karen W. Miller Robert P. Grubb 362520-1 * Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street Lemoyne, Pennsylvania 17043-0109 717-761-4540 jm@jdsw.com KIMBERLY KOONTZ, Plaintiff V. KARLENE HELMAN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-351 CIVIL TERM : CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb P.O. Box 5300 Harrisburg, PA 17110-0300 PLEASE TAKE NOTICE that Defendant intends to serve two subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ALMA Joh R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: q b f Ob COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ELCO Family Health Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence and diagnostic test results pertaining to Kimberly Koontz (Hines) (DOB: 9/29/60: SS#: 212-72-6445) from January 2006 to the present. at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv. Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Pro notary/Cle vil vision Deputy DATE: Seal of the Co rt (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM KARLENE HELMAN, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: NeuroScience & Spine Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence and diagnostic test results pertaining to Kimberly Koontz (Hines) (DOB: 9/29/60: SS#: 212-72-6445) from January 2006 to the present. at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninosky. Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-7614540 SUPREME COURT ID #: 78000 DATE: b Seal of a Cou t BY THE COURT: Prot notary/C i Divi ' n Deputy (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of S,p4t I&Y , 2006: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb P.O. Box 5300 Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER A4•" By: 4 k Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the 18 4`? day of Se P-kYylb-e,?' , 2006: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb P.O. Box 5300 Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER By: !Zg g V Joh R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant rn rn-n ? A C z ? Johnson, Duffie, Stewart & Weidner By: John R. Ninosky I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrn@jdsw.com KIMBERLY KOONTZ, Plaintiff V. I KARLENE HELMAN, Defendant Attorney for Defendant Karlene Heiman : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-351 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR PROTECTIVE ORDER PURSUANT TO Pa.R.C.P. 4004 (e) and 4012 AND NOW, comes the Defendant Karlene Helman by and through her undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Motion for Protective Order Pursuant to Pa.R.C.P. 4004(e) and 4012, and in support thereof avers as follows: 1. This action arises from an automobile accident that occurred between the parties on or about June 22, 2001 in Camp Hill, Pennsylvania. 2. The pleadings in this matter have been closed for some time now and discovery remains ongoing. I The Defendant has retained a medical expert, Dr. David Baker, to provide his opinion with regards to the Plaintiff's alleged injuries. 4. Dr. Baker has issued a report detailing his opinion which has been provided to counsel for the Plaintiff. 5. The Defenadnt brings this Motion for a Protective Order as the result of a deposition notice, subpoena and interrogatories unilaterally issued by the Plaintiff upon Dr. Baker pursuant to Pa.R.C.P. 4004 wherein the Plaintiff is seeking information, including income information, pertaining to Dr. Baker's practice of providing expert reports for defense counsel pursuant to the holding in Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006). A true and correct copy of the deposition notice is attached hereto as Exhibit "A", true and correct copy of the subpoena issued to Dr. Baker is attached hereto as Exhibit "B", and a true and correct copy of the interrogatories propounded to Dr. Baker is attached hereto as Exhibit "C". 6. Counsel for the Plaintiff, by deposition notice and subpoena dated April 17, 2007, unilaterally scheduled the deposition of Dr. Baker for May 10, 2007 and has not provided for any of the following in his notice of deposition or subpoena: compensation for Dr. Baker's time; how the information obtained by deposition on written interrogatories is to be kept confidential and private; nor a significant pattern of compensation that would support a reasonable inference that Dr. Baker might color, shade, or slant his testimony in light of substantial financial incentives (i.e. that Dr. Baker has entered the professional witness category) See, Cooper v. Schoffstall, 905 A.2d at 495. 7. The Supreme Court noted in Cooper v. Schoffstall, 905 A.2d 496 f. 16 that: "we would expect that the questions often may be propounded to the expert deponent at a convenient time and at his regular place of business." 8. Plaintiff unilaterally scheduled the deposition of Dr. Baker who practices in Carlisle to be taken with approximately 3 weeks notice and at Plaintiff's counsel's offices in Harrisburg. 9. This scheduled time is approximately one week prior to the deadline for Dr. Baker to answer the interrogatories propounded to him pursuant to the Rules of Civil Procedure. Therefore, Plaintiff's scheduling of the deposition for May 10, 2007 does not even allow sufficient time for Dr. Baker to respond to the interrogatories let alone clear his schedule to attend a deposition in Harrisburg. 10. The proposed time and place of Dr. Baker's deposition is neither convenient nor respectful of a doctor's schedule nor is it at Dr. Baker's regular place of business. 11. Furthermore, the Supreme Court in Cooper stated that the trial court may, upon a review of the answers to interrogatories given by the expert deponent, and upon motion, order that the written interrogatory responses are sufficient so as to preclude an oral examination of the expert deponent. 12. Given the timing of Plaintiff's interrogatories and the unilaterally scheduled time for Dr. Baker's deposition, counsel for the Defendant would not have an opportunity to confer with counsel for the Plaintiff or present a motion to the Court arguing that Dr. Baker's written responses and production of documents as appropriate are sufficient to preclude an oral examination., 13. Pursuant to Local Rule, concurrence in this motion by counsel for the Plaintiff was sought and such concurrence was given as to a change in the deposition date until after the deadline on the written discovery however concurrence was denied as to compensation for Dr. Baker's time in responding to the discovery, confidentiality, and the location of the deposition. 14. No judge has ruled on any other issues in this matter. WHEREFORE, Defendant Karlene Helman respectfully requests this Honorable Court to issue an Order: (1) precluding the deposition of Dr. David Baker unilaterally scheduled for May 10, 2007 until a date and time mutually agreeable to the parties and Dr. Baker and no sooner than May 31, 2007 so that counsel for the parties can confer as to whether Dr. Baker's written responses are sufficient so that a deposition is not necessary, or so that Defendant's counsel can present a motion arguing the same; (2) which provides that a mutually scheduled deposition of Dr. Baker may take place at Dr. Baker's regular place of business in Carlisle and that Plaintiff shall provide reasonable compensation for Dr. Baker's time in responding to this discovery; and (3) which provides that counsel must reach an agreement as to how the information disclosed in the interrogatories and/or deposition are to be kept private and confidential. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER .l By: ion R. Ninosky Attorney I.D. No. 78000 Attorneys for Defendant E06+-A METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 KIMBERLY KOONTZ, Plaintiff V. KARLENE HELMAN, Defendant Attorneys for Plaintiff Kimberly Koontz IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-351 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF DEPOSITION UPON WRITTEN INTERROGATORIES TO: John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Plaintiff Kimberly Koontz will take the deposition upon written interrogatories of David Baker, M.D. , 19 Brookwood Avenue, Suite 104, Carlisle, Pennsylvania, for the purpose of discovery pursuant to Pa. R.C.P. 4004 of the Pennsylvania Rules of Civil Procedure. Said deposition will take place before a Court Reporter or before some other officer authorized to take said deposition on Thursday, May 10, 2007 at 2:00 p.m. at the law offices of Metzger, Wickersham, Knauss & Erb, 3211 North Front Street, Harrisburg, Pennsylvania, 17110. You are invited pursuant to Rule 4004 to file and serve upon Plaintiffs, within ten (10) days, cross interrogatories to be propounded to the witness. The scope and purpose of the deposition is to inquire into the financial records of deponent to facilitate an inquiry into potential bias. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Atty. I.D. No. 68768 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0.300 (717) 238-8187 Attorneys for Plaintiff Dated: April Iq , 2007 371262-1 E:-,) bi t METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Kimberly Koontz KIMBERLY KOONTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2003-351 CIVIL TERM KARLENE HELMAN, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED SUBPOENA TO ATTEND AND TESTIFY TO: David Baker, M.D., 19 Brookwood Avenue, Suite 104, Carlisle, PA 17013 (Name of Person or Entity) 1. You are hereby ordered to come to the law offices of Metzger, Wickersham, Knauss & Erb, 3211 North Front Street, Third Floor (Specify Courtroom or other place) at Harrisburg, Dauphin County, Pennsylvania, on Thursday, May 10, 2007 at 2:00 p.m. to testify on behalf of Plaintiff, in the above case and remain until excused. 2. And bring with you the following: All documents requested in the Notice of Deposition Upon Written Interrogatories attached hereto. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Clark DeVere, Esquire Address: 3211 North Front Street Harrisburg, Pa 17110 Telephone Number: 717-238-8187 Supreme Court ID # 68768 Attorney for: Plaintiffs Date: .&. - (e 77. a ooz a of e Court 374941-1 F)chibt-+C INTERROGATORIES 1. Please provide the approximate amount of compensation received and expected in the within action for the IME (Independent Medical Examination) of Kimberly Koontz Hines. See, Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006). ANSWER: 371262-1 2. Please provide the approximate percentage of IMES performed in the past three years for defense attorneys or insurance/adjusting companies as opposed to plaintiff's attorneys. See, Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006). ANSWER: 371262-1 3. How many IMES have you performed in the past 10 years for defense attorneys or insurance/adjusting companies? See, Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006). ANSWER: 371262-1 4. Please provide the approximate amount of compensation you received for performing IMES for defense attorneys or insurance/adjusting companies over the past three years. See, Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006). ANSWER: 37/26?-l 5. Please provide the approximate amount of compensation you received for any video or trial depositions over the past three years for defense attorneys or insurance/adjusting companies. See, Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006). ANSWER: 371262-1 6. Identify how many times you have provided to any attorney from Johnson, Duffie, Stewart & Weidner, P.C., or any predecessor firm, any advisory and/or professional services related to personal injury claims within the past three (3) years. See, Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006). ANSWER: 371?62-1 7. With respect to the foregoing Interrogatory, identify the following: a. The name of times you have performed an examination at the request of each identified attorney; b. The number of times you have testified as an expert in a court of law or by way of oral deposition, in any matter involving each identified attorney. See, Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006). ANSWER: 371262-1 8. State the approximate amount of income each year, for the past three years, garnered from the performance of such services identified in Interrogatories 6 and 7 above. See, Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006). ANSWER: 371262-1 9. Have you ever been excluded as an expert witness or denied qualification as an expert in any courts of law for any reasons. If so: (a) Identify the court; (b) Identify the name and docket number of each case; (c) Set forth the reason for the exclusion or denial of qualification. See, Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006). ANSWER: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Atty. I.D. No. 68768 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: Y//4 /0 7 371262-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Notice of Deposition Upon Written Interrogatories with reference to the foregoing action by first class mail, postage prepaid, this /?'day of April, 2007, upon the following: John Ninosky, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere, Esquire 371262-1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on Q,M ' r , 2007: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By: U' VZ 4114( 4-?VCy?eA,_ Eliz eth D. Snover METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 KIMBERLY KOONTZ, Plaintiff V. KARLENE HELMAN, Defendant Attorneys for Plaintiff Kimberly Koontz IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-351 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER PURSUANT TO PA. R.C.P. 4004(e) AND 4012 Plaintiff, Kimberly Koontz, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, hereby responds to Defendant's Motion for Protective Order Pursuant to Pa. R.C.P. 4004(e) and 4012 and respectfully requests this Honorable Court issue an Order denying Defendant's Motion for Protective Order. In support of this Response, Plaintiff represents as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. The documents speak for themselves. 6. Admitted that Plaintiff's counsel scheduled the deposition of Dr. Baker for May • - / ti 10, 2007. Plaintiff's counsel has agreed to stay the taking of Dr. Baker's deposition until after receipt of the responses to the discovery requests. Plaintiff's counsel will then make a determination as to whether or not he feels the deposition is necessary. If the deposition of Dr. Baker is warranted, Plaintiff will reimburse Dr. Baker the required state witness fee of $5.00 per day plus mileage. Plaintiff's counsel will also agree to travel to Dr. Baker's office to conduct the deposition. It is denied that Plaintiff is responsible to "compensate" Dr. Baker for his time. Under Pennsylvania law, Plaintiff is not required to protect the confidentiality of the documents produced by Dr. Baker. If Dr. Baker desires that the information be kept confidential, he has the burden to file a Motion for Protective Order in order to do so. Dr. Baker has been used as a defense medical expert witness performing independent medical examinations in at least eleven (11) other cases handled by Plaintiff's counsel's law firm. He potentially earns hundreds of thousands of dollars every year from such examinations alone. If the Court deems necessary, a survey can be made of other law firms. However, Dr. Baker is a known defense IME expert. Plaintiff suspects that Dr. Baker receives a substantial percentage of his annual income from performing those examinations which clearly is a substantial financial incentive for him to continue providing reports in favor of defense firms. Plaintiff avers that all of the above renders Dr. Baker a "professional witness" as defined under Cooper v. Schoffstall, 905 A.2d at 495. 7. Admitted. The case speaks for itself. 8-9. After a telephone conference with defense counsel, Plaintiff's counsel agreed to stay the taking of the deposition until such time after receipt of Dr. Baker's written responses and production of documents. See paragraph 13 of Defendant's Motion for Protective order. 376067-1 10. Defendant's averment is irrelevant in light of paragraphs 8-9 wherein Plaintiff's counsel has agreed to stay the taking of the deposition until such time after receipt of Dr. Baker's written responses and production of documents. The deposition of Dr. Baker may not be necessary if a determination is made that the responses and documents to the discovery are sufficient. 11. Admitted that the Supreme Court in Cooper stated that "In all likelihood, however ...the written interrogatories will produce sufficient information to support adequate trial preparation" (905 A.2d at 496). Plaintiff intentionally drafted the written interrogatories as recommended by the Supreme Court in Cooper at 905 A.2d 495 to accomplish that result. 12. See response to #10 above. 13. Admitted. 14. Admitted. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's Motion for Protective Order. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ?i Clark DeVere, Esquire Atty. I.D. No. 68768 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: May JL?, 2007 376067-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Response to Defendant's Motion for Protective Order with reference to the foregoing action by first class mail, postage prepaid, this 10 "day of May, 2007, upon the following: John Ninosky, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark eVere, Esquire 376067-1 t,` ? __., -rt =< ?? =? ., .? w__? ,.. ) v .. S ".. .., ' '?.? ? ? _. ?? ?? { l ` ?? ` ??.. _? ?? °4: KIMBERLY KOONTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KARLENE HELMAN DEFENDANT NO. 03-0351 CIVIL ORDER OF COURT AND NOW, this 15th day of May, 2007, after consideration of Defendant's Motion for a Protective Order, IT IS HEREBY ORDERED AND DIRECTED that the deposition of Dr. David Baker shall not be taken until further Order of Court. IT IS FURTHER ORDERED AND DIRECTED that a status conference between counsel for the parties shall take place in chambers of Courtroom No. 5 on Monday, July 9, 2007 at 8:30 a.m. at the Cumberland County Courthouse, Carlisle, Pennsylvania. The Plaintiff shall file an answer to the Defendant's Motion for Protective Order on or before June 29, 2007. By the Court, M. L. Ebert, Jr., J. /lark DeVere, Esquire Att rney for Plaintiff John R. Ninosky, Esquire Attorney for Defendant bas ! l ? ? ? ? ? ?;??? g ? ?:'? trl ?.?3?? ;?'rli ?u KIMBERLY KOONTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KARLENE HELMAN DEFENDANT NO. 03-0351 CIVIL ORDER OF COURT AND NOW, this 17th day of July, 2007, after conclusion of a status conference with counsel, IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall obtain and submit to the Court on or before August 10, 2007, for in camera review, the income and payment record for the non-treatment practice of Dr. David Baker for the period January 1, 2004 to June 30, 2007. IT IS FURTHER ORDERED AND DIRECTED that counsel for the parties shall execute a confidentiality agreement regarding this protected information in the form attached and all parties to this action will be bound by this agreement. By the Court, M. L. Ebert, Jr., J. Clark DeVere, Esquire Attorney for Plaintiff ?i?t??1 John R. Ninosky, Esquire Attorney for Defendant -$45 11111.;1 bas .} ?f?? ? ? -?? ??OZ ? ? .? KIMBERLY KOONTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KARLENE HELMAN DEFENDANT : NO. 03-0351 CIVIL CONFIDENTIALITY AGREEMENT REGARDING DOCUMENTS PRODUCED BY DEFENDANT'S EXPERT IN RESPONSE TO DEPOSITION UPON WRITTEN INTERROGATORIES ADDRESSED TO DR. DAVID BAKER It is hereby agreed to by Defendant and her counsel, on her behalf and on behalf of her agents, representatives, and employees, and Plaintiff and her counsel, on her behalf and on behalf of her agents, representatives, and employees, that any and all documents, answers, and information produced by Dr. David Baker in response to the Deposition Upon Written Interrogatories dated April 19, 2007, in the above captioned matter shall be designated as "confidential." Said documents shall be kept confidential in accordance with this Agreement. These documents and information are hereinafter designated "Protected Information." Any "Protected Information" may be disclosed only to appropriate and necessary representatives of Plaintiff and her attorneys and to any independent expert or consultant retained by Plaintiff or her attorneys, and shall not be disclosed, whether directly or indirectly to any other person or entity. In the event that information is disclosed to independent experts or consultants, each such expert or consultant shall execute an acknowledgement of his or her understanding that the "Protected Information" shall be kept confidential in accordance with this Agreement, and that he or she shall be bound by this Agreement. Such executed understanding shall be maintained by Plaintiff's attorneys with respect to each such person to whom "Protected Information" is disclosed. Such "Protected Information" may also be disclosed to the Court, jurors and court personnel only as necessary to the pre-trial litigation or trial of this matter. Plaintiff will join in whatever stipulation or joint motion may be required to seal matters in the Court record. Within thirty (30) days of the conclusion of the aforesaid litigation, whether by judgment, verdict, settlement or otherwise, all "Protected Information" in the form of documents shall be immediately returned by Plaintiff and her counsel to counsel for the Defendant, along with all copies and excerpts, including copies provided to experts or consultants. The disclosure of "Protected Information" under this Agreement is acknowledged by Plaintiff and her attorneys not to constitute a waiver in any way of Defendant's right or ability to object to the discover or disclosure of such "Protected Information" in the course of litigation of the aforementioned action or any other case. The undersigned acknowledges that he/she has the authority to sign this Agreement and bind the Plaintiff and her counsel. Clark DeVere, Esquire Metzger, Wickersham, P.C. P. O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff John R. Ninosky, Esquire Johnson, Duffle, Stewart & Weidner P. O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Date: Date: KIMBERLY KOONTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KARLENE HELMAN DEFENDANT NO. 03-0351 CIVIL ORDER OF COURT AND NOW, this 15th day of August, 2007, the Court being in receipt of an executed copy of the Confidentiality Agreement regarding documents produced by Defendant's experts in response to deposition upon written interrogatories addressed to Dr. David Baker, the Court having reviewed the materials provided by the Defendant's attorney, IT IS HEREBY ORDERED AND DIRECTED that Defense Counsel shall now provide Counsel for the Plaintiff a copy of the material for their review subject to the provisions of the confidentiality agreement. By the Court, ark DeVere, Esquire Attorney for Plaintiff /hn R. Ninosky, Esquire Attorney for Defendant bas Y?,- rA, " V - M. L. Ebert, Jr., J. A SAV LODZ :]Hi ?O PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: N for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in fu1) KIMBERLY KOONTZ, (Plaintiff) Januarv 16. 2008 VS. The trial list will be called nn and January 8, 2008 KARLENE HELMAN Trials commence on February 4, 2008 , VS. (Defendant) Premals will be held on (Briefs are due 5 days before pretrials No. 2003-351 Civil , (check one) Civil Action - Law ? Appeal from arbitration (other) Term Indicate the attornev who will trv --co- frrr the. party whn files this nmecine: John R. Ninosky, Esquire, Johnson Duffie, P.O. Box 109, Lemoyne, PA 17043-0109 Indicate trial counsel for other parties if known: Clark DeVere, Esquire, Metzger Wickersham, P.O. Box 5300, Harrisburg, PA 17110-0300 This case is ready for trial. Signed: Print Name: John R. Ninoskv Date: Attorney for: Defendant 4 4 Ch A { 2 a w ca II Kimberly Koontz V. Karlene Helman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-0351 CIVIL TERM ORDER OF COURT AND NOW, January 10, 2008, by agreement of counsel, the above captioned case is continued from the February 4, 2008 trial term. Counsel are requested to relist the case for trial at such time as they deem appropriate. Clark DeVere, Esquire For the Plaintiff John R. Ninosky, Esquire q or the Defendant .ourt Administrator By the Court, Lsk tf I p f I! \ ? 4...t'a 10 9 Z =fir I I P 8801 v BLOOM LAW FIRM Michael S. Bloom Attorney I.D. No.: 38432 2950 Conestoga Road Glenmoore, PA 19343 (610) 458-9001 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS KIMBERLY KOONTZ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No.:2003-351 CIVIL TERM KARLENE HELMAN CIVIL ACTION - LAW Defendant WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the plaintiff in the above-captioned Action. Metzger, Wickersham, P.C. Clark DeVere, Esquire Attorney ID No.: 68768 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the plaintiff in the above-captioned Action. Bloom Law Firm Michael S. Bloom, Esquire` Attorney ID No.: 38432 2950 Conestoga Road Glenmoore, PA 193434 Telephone: (610) 458-9001 Fax.. (610) 458-0097 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the Withdrawal of Appearance and the Entry of Appearance has been served upon the following person by the following means on the date stated: via: First Class Mail: February 8, 2008: John R. Ninosky Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 BLOOM LAW FIRM BYCa M. Probst Secretary to Michael S. Bloom `? ?"? C.. ? ? -rr 1 ? -?. ? { " 1 $ /, ?- ??.,f }} ?- 1 .'mod' ryr Y ,, /1q .e'.^^ j ?/ `"" ` PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (X) for JURY trial at the next term of civil court ( ) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) KIMBERLY KOONTZ (Plaintiff) VS. KARLENE HELMAN (Defendant) vs. (check one) (X) Civil Action - Law ( ) Appeal from Arbitration (other) The trial list will be called on May 27, 2008, and Trials commence on June 23, 2008. Pre-trials will beheld on June 4, 2008. (Briefs are due 5 days before pre-trials.) No. 2003-351, Civil Term Indicate the attorney who will try case for the party who files this praecipe: John R. Ninosky, Esquire, Johnson Duffie, P.O. Box 109, Lemoyne, PA 17043-0109 Indicate trial counsel for other parties if known: Michael S. Bloom, Esquire, Bloom Law Firm, 2950 Conestoga Road, Glenmoore, PA 19343 This case is ready for trial. Date: May 5, 2008 Signed. Print Name: John R. Ninosky Attorney for Defendant 331841 Ju ? :'.;i ?`? ? `_?? -r^ ?? ? .;? ' ? 44 ?+ ?-? ?_-:: ?? ^?. ?„?. f'7^ ? i C V vY 7. 1 !ll VVV ? _ ? ..? ` ?. ? // I _ a?'Al ???? tt jJ ? ` ? ?M ', A ??y? -? f..?.a" KIMBERLY KOONTZ, Plaintiff v KARLENE HELMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-351 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 27th day of May, 2008, upon consideration of the call of the civil trial list, and it being indicated by counsel for the Defendant, Elizabeth Snover, Esquire, that this case has been settled, it is stricken from the trial list. By the Court, Zmichael S. Bloom, Esquire 2950 Conestoga Road Glenmoore, PA 19343 For Plaintiff ? Elizabeth Snover, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For Defendant Court Administrator mae lip tes .-n:atLL s?a4las p 1 :to, I'LIJ ez 'Hol 3Hi Z'O BLOOM LAW FIRM By: Michael S. Bloom Esquire I.D. No. 38432 2950 Conestoga Road Glenmoore, Pennsylvania 19343 (610) 458-9001 KIMBERLY KOONTZ, Plaintiff V. KARLENE HELMAN, Defendant Attorneys for Plaintiff IN THE COURT OF COMON PLEAS OF CUM13ERLA : CIVIL ACTION - LAW NO. 2003-351 CIVIL TERM JURY TRIAL DEMANDED PRA_ ECIPE TO THE PROTHONOTARY: Kindly mark the docket of the above captioned matter SETTLED AND DISCONTINUED WITH PREJUDICE. Date: Respectfully submitted, BLOOM LAW FIRM BY: Michael S. Bloom, Esquire Attorney I.D. No. 38432 2950 Conestoga Road Glenmoore, PA 19343 Telephone (610) 458-0097 Attorneys for Plaintiff 332572 rt'7 CZ5 m5? _ ? _ r J?.4• w J ?` ^^ " r PQ # C