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HomeMy WebLinkAbout07-1591IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAY W. KLINGER 2134 Derry Street Harrisburg, PA 17104 PLAINTIFF V. FILE NO.: O 7 -- CIVIL ACTION: 5-7 I C-) ,/I( 4e-rr- SEONG HWAN KIM and BYUNG JU KIM 4321 Valley View Road Harrisburg, PA 17112 DEFENDANT PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above captioned action, which arises from a motor vehicle/pedestrian accident that occurred at 3150 Gettysburg Road, Camp Hill, PA. Writ of Summons shall be issued and forwarded to Attorney/Sheriff. Date: ,a 3, TO: Seong Hwan Kim Byung Ju Kim 4321 Valley View Road Harrisburg, PA 17112 l a . Klinger, Pro Se SUMMONS IN CIVIL ACTION YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. S? ?i',u?-roc ?.y Prothonot /Clerk, Civil ivi i Date: 27&td ?Z 3, 0200 7 by: we, Deputy CD C> c c o POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 JAY W. KLINGER Plaintiff, V. SEONG HWAN KIM and BYUNG JU KIM Defendants. ATTORNEYS FOR DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-1591 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Seong Hwan Kim and Byung Ju' Kim, in the above-captioned matter. Defendants demand a Jury Trial. POST & SCHELL, P.C. By: Paul W. Grego Attorney for Defendants 61 CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Jay W. Klinger Pro Se Plaintiff 2134 Derry Street Harrisburg, PA 17104 U4._,,e? '/?. SANDRA MORALES DATE: / -2- n + A ^? /"v n co POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 JAY W. KLINGER Plaintiff, V. SEONG HWAN KIM and BYUNG JU KIM Defendants. ATTORNEYS FOR DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-1591 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. POST & SCHELL, P.C. By: Z-zz-'? Paul W. Grego Attorney for Defendants RULE TO FILE COMPLAINT AND NOW, this A19' _1day of p , 2007, a Rule is hereby granted upon Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer entry of Judgment of Non Pros. Prothonotary ,0 CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Jay W. Klinger Pro Se Plaintiff 2134 Derry Street Harrisburg, PA 17104 ( P"t'a_ ?? SANDRA MORALES DATE: 41 t o -2- C 'N4 t?. m Z co ••. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAY W. KLINGER 2134 Derry Street Harrisburg, PA 17104 PLAINTIFF V. SEONG HWAN KIM and BYUNG JU KIM 4321 Valley View Road Harrisburg, PA 17112 DEFENDANT FILE NO.: CIVIL ACTION: 07-1591 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, is corte tomara medidas y puede continuer is demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dmero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUMCIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAY W. KLINGER 2134 Derry Street Harrisburg, PA 17104 PLAINTIFF V. SEONG HWAN KIM and BYUNG JU KIM 4321 Valley View Road Harrisburg, PA 17112 DEFENDANT FILE NO.: CIVIL ACTION: 07-1591 COMPLAINT NOW COMES the Plaintiff, Jay W. Klinger, and makes the within Complaint against the Defendants, Seong Hwan Kim and Byung Ju Kim, as follows: 1. Plaintiff, Jay W. Klinger, is an adult individual residing at 2134 Derry Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Defendants, Seong Hwan Kim and Byung Ju Kim, are adult individuals residing at 4321 Valley View Road, Harrisburg, Dauphin County, Pennsylvania, 17112. 3. The facts and occurrences hereinafter related took place on or about March 25, 2005 at approximately 4:37 p.m. at 3150 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011. COUNTI JAY W. KLINGER v. SEONG HWAN KIM 4. The Plaintiff incorporates all relevant portions of the previous paragraphs as if they were more fully set forth herein. 5. At the aforesaid time and place, Plaintiff Jaw W. Klinger was an employee working at Becker's Garage at the aforesaid 3150 Old Gettysburg Road, Camp Hill, Pennsylvania. 6. At the aforesaid time and place the Plaintiff Jay W. Klinger was standing blocking the gate in the parking lot of Becker's Garage, because Defendant Seong Hwan Kim was refusing to pay bill for repairs made to the 2001 Subaru Outback and was trying to take vehicle without paying. 7. At the aforesaid time and place Defendant, Soeng Hwan Kim, was the operator of the aforesaid 2001 Subaru Outback, which he deliberately ran into Plaintiff Jay W. Klinger in an attempt to leave through the gate without paying for repairs. 8. At that time and place the vehicle operated by Defendant, Soeng Hwan Kim, was caused or allowed to go out of control striking Plaintiff, Jay W. Klinger, and causing the Plaintiff to sustain the serious injuries set forth below. 9. Said collision and all of the herein mentioned injuries and damages sustained by Plaintiff are the direct result of the negligent, careless and reckless manner in which Defendant, Seong Hwan Kim, operated his vehicle as follows: (a) In deliberately running into and striking the Plaintiff in the driveway; (b) In operating his vehicle without regard for the existence of pedestrians; (c) With the Plaintiff in full view, the truck was so carelessly and negligently operated in that it was brought into forcible and violent contact with the Plaintiff, causing him to sustain the injuries set forth below; (d) In driving his vehicle in a reckless manner and with careless disregard for the rights and safety of others; (e) In failing to apply his brakes in time to avoid striking the Plaintiff; 10. As a result of the aforesaid conduct of the Defendant, Plaintiff Jay W. Klinger sustained painful and severe injuries including but are not limited to: (a) Abrasions, contusions and injuries to his muscles and nerves; (b) Injuries to his legs; (c) Injuries to his hips; (d) Injuries to his knees; (e) Injuries to his back. 11. By reason of the aforesaid injuries sustained by Plaintiff, Jay W. Klinger, he was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses, including replacement services, in an effort to restore herself to health, and claim is made therefore. 12. Because of the nature of his injuries, Plaintiff, Jay W. Klinger, has been advised, and therefore, avers the he may be forced to incur similar expenses in the future, and claim is made therefore. 13. As a result of the aforesaid injuries, Plaintiff, Jay W. Klinger, has undergone and in the future will undergo a great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 14. As a result of the aforesaid injuries, the Plaintiff, Jay W. Klinger, has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefore. 15. As a result of the aforementioned injuries, Plaintiff, Jay W. Klinger, has sustained work loss, loss of opportunity and may incur permanent diminution of his earning power and capacity, and claim is made therefore. 16. As a result of the aforesaid injuries, Plaintiff, Jay W. Klinger, has sustained uncompensated work loss, and claim is made therefore. 17. Plaintiff, Jay W. Klinger, continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 18. As a result of the aforesaid accident, Plaintiff, Jay W. Klinger, may sustain scars, which will result in a permanent disfigurement, and claim is made therefore. WHEREFORE, Plaintiff, Jay W. Klinger, demands judgment of the Defendant, Seong Hwan Kim, in an amount in excess of Thirty-Five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT H JAY W. KLINGER v. BYUNG JU KIM 19. The Plaintiff incorporates all relevant portions of the previous paragraphs as if they were more fully set forth herein. 20. At the aforesaid time and place and at all times relevant hereto Defendant Byung Ju Kim was the owner of the aforesaid 2001 Subaru Outback. Defendant, Soeng Hwan Kim, operated the vehicle with her permission and consent. . 21. Defendant Byung Ju Kim gave her consent and permission for Seong Hwan Kim to drive said vehicle and he was acting in furtherance of and not apart from the service and control of Defendant Byung Ju Kim. WHEREFORE, Plaintiff, Jay W. Klinger, demands judgment of the Defendant, Byung Ju Kim, in an amount in excess of Thirty-Five Thousand and 001100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT III PUNITIVE DAMAGES JAY W. KLINGER v. SEONG HWAN KIM 22. The Plaintiff incorporates all relevant portions of the previous paragraphs as if they were more fully set forth herein. 23. Plaintiff avers that the Defendant's operation of his vehicle with the deliberate intent to strike Plaintiff is evidence of the Defendant's recklessness and indifference to the rights of the Plaintiff at the time said collision and entitles the Plaintiff to an award of Punitive Damages. 24. Plaintiff avers that by the Defendant's operation of his motor vehicle, in this escapade, Defendant Seong Hwan Kim committed a battery against Plaintiff, evidences the Defendant's reckless indifference to the rights of the Plaintiff and constitutes outrageous conduct such that it entitles the Plaintiffs to an award of Punitive Damages. WIMREFORE, Plaintiff, Jay W. Klinger, demands judgment of the Defendant, Seong Hwan Kim, in an amount in excess of Thirty-Five Thousand and 001100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration.- Date: 5' y- G J Klinger, Pro Se VERIFICATION I, Jay W. Klinger, hereby acknowledge that I am the Plaintiff in the foregoing Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Jay . ger 5, / 91 c-7 Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAY W. KLINGER 2134 Derry Street Harrisburg, PA 17104 PLAINTIFF V. SEONG HWAN KIM and BYUNG JU KIM 4321 Valley View Road Harrisburg, PA 17112 DEFENDANT FILE NO.: CIVIL ACTION: 07-1591 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was furnished by U.S. Mail, first class, postage prepaid on this Paul W. Grego, Esquire Post & Schell 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Dated: 5, J ? ' G 7 day of May 2007, to: Jay W. Klinger, Pro Se 2134 Derry Street Harrisburg, PA 17104 i 5 t'n Flo C n POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 JAY W. KLINGER Plaintiff, V. SEONG HWAN KIM and BYUNG JU KIM Defendants. ATTORNEYS FOR DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-1591 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: ALL PARTIES YOU ARE HEREBY NOTIFIED to plead to the within New Matter and New Matter Cross Claim within twenty (20) days of service thereof or a default may be entered against you. POST & SCHELL, P.C. GG??I l/l/ BY. Paul W. Grego Attorney for Defendants POST & SCHELL, P.C. BY: PAUL W. GREGO I.D. #:39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 JAY W. KLINGER Plaintiff, V. SEONG HWAN KIM and BYUNG JU KIM Defendants. ATTORNEYS FOR DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-1591 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS NOW INTO COURT, through undersigned counsel, come the Defendants, who, in answer to the Complaint of the Plaintiff, respectfully represent that: 1. Defendants, pursuant to Pennsylvania Rules of Civil Procedure 1029(e), hereby generally deny the allegations of the Complaint, except to admit the allegations of paragraph 2 and 20; and, insofar as the allegations of paragraphs 21, 23, and 24 are concerned, they are conclusions of law to which no responsive pleading is required. Where an answer is deemed to be required, after reasonable investigation, answering defendants lack information or knowledge sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial, if relevant. WHEREFORE, Defendants, Seong Hwan Kim and Byung Ju Kim, pray that the Complaint be dismissed, at the cost of the Plaintiff. NEW MATTER 2. The Plaintiff may have failed to state a cause of action upon which relief can be granted. 3. The applicable Statute of Limitations may have expired prior to the institution of this action. 4. Answering Defendants were not negligent. 5. Any acts or omission of answering Defendants alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiff. 6. The incident and/or damages described in Plaintiff's Complaint may have been caused or contributed to by the Plaintiff. 7. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 8. The Plaintiff may have assumed the risk. The Plaintiff may have been contributorily negligent. The incident, injuries and/or damages alleged to have been sustained by the Plainti were not proximately caused by answering Defendants. 9. Plaintiff may not have properly mitigated his damages. 10. Plaintiff may have selected the "limited tort option" under their motor vehicle insurance policy, thereby waiving any non-economic claim for injuries that are not found to be "serious". 11. Defendants hereby aver that the injuries sustained by the Plaintiff, if any, were not -2- "serious" under the statute, thereby negating any non-economic claim by the Plaintiff. 12. Plaintiff's recovery in this case, if any, is limited by the provisions of 75 Pa. C.S.A. Sections 1720 and 1722. 13. Defendants desire, and are entitled to, a trial by jury. 14. Punitive damages are not recoverable herein. WHEREFORE, defendants, Seong Hwan Kim and Byung Ju Kim, pray that the Complaint be dismissed, at the cost of the Plaintiff. POST & SCHELL, P.C. By: 4'4?4 Paul W. Grego Attorney for Defendants -3- Re: Klinger v. Kim VERIFICATION 1, Seong Hwan Kim, hereby verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4909, relating to unsworn falsification to authorities. Seong wan Kim DATE: ? - V 2 o o7 -4- Re: Klinger v. Kim VERIFICATION I, Byung Ju Kim, hereby verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4909, relating to unsworn falsification to authorities. n f-P. 4 ? ? /C., B ng J K DATE: -5- CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Jay W. Klinger Pro Se Plaintiff 2134 Derry Street Harrisburg, PA 17104 cfk,z, ht..4 SANDRA MORALES DATE: (v / 2 / 07 -6- ? ? _ -? _? -ri ??' `' -- ohs ^? _ y, r? l' ?___ ' "? ??"? '.. ? ? _ ? .? rr y i? i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01591 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KLINGER JAY W VS KIM SEONG HWAN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: KIM SEONG HWAN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On April 11th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer,3y- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R' Thomas Kline Dep Dauphin County 43.25 Sheriff of Cumberland County Postage 1.02 81 . 2 7 V jUld 7 C, 04/11/2007 JAY KLINGER Sworn and subscribe to before me this _ day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01591 P • COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KLINGER JAY W VS KIM SEONG HWAN ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: KIM BYUNG JU but was unable to locate Her deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On April 11th , 2007 , this office was in receipt o the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 16.00 04/11/2007 JAY KLINGER So answ / TL Cam`'" R. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Penlnsylvania ? Jay W. Klinger VS. Seong Hwan Kim et al SERVE: Seong Hwan Kim No. 07-1591 civil Now, March2s,, 2007 , z, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. -40 Sheriff of Cumberland County, PA Affidavit of Service Now, at o'clock M. served the within upon at by handing to a and made known to So answers, Sheriff of COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT copy of the original the contents thereof. County, PA (f) qi a -o# t4e 6*heriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KLINGER JAY W County of Dauphin KIM BYUNG JU Sheriff's Return vs Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 0491-T - - -2007 OTHER COUNTY NO. 07 1591 CIVIL TERM AND NOW:April 5, 2007 at 12:55PM served the within PRAECIPE FOR SUMMONS upon KIM SEONG HWAN by personally handing to SEONG HWAN KIM 1 true attested copy(ies) of the original PRAECIPE FOR SUMMONS and making known to him/her the contents thereof at 4321 VALLEY VIEW ROAD HARRISBURG, PA 17112-0000 Sworn and subscribed to before me this 6TH day of APRIL, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, ? )( e,?? Sheriff of Dauphin County, Pa By ' Depu iff Sheriff's Costs:$43. 5 PAID BY COUNTY HOFFMAN In The Court of Common Pleas of Cumberland County, Pennsylvania Jay W. Klinger vs. Seong Hwan Kim et al SEWE • Byung Ju Kim No. 07-1591 civil Now, March -2s,: 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 520 , at o'clock M. served the within upon at by handing to a copy of the original and made known to Sworn and subscribed before me this day of , 20 the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT (pf £icr, la# tkP Shrriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin AND NOW:April 5, 2007 PRAECIPE FOR SUMMONS KIM BYUNG JU at 8:OOAM served the within upon by personally handing to BYUNG JU KIM 1 true attested copy(ies) of the original PRAECIPE FOR SUMMONS and making known to him/her the contents thereof at 4321 VALLEY VIEW ROAD HARRISBURG, PA 17112-0000 Sworn and subscribed to before me this 6TH day of APRIL, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 KLINGER JAY W • KIM BYUNG JU Sheriff's Return vs Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 0491-T - - -2007 OTHER COUNTY NO. 07 1591 CIVIL TERM So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$43.25 PAID BY COUNTY FRANCIS IN THE MATTER OF: JAY W. KLINGER CERTIFICATE-PREREQUISITE TO SERVICE OF A SUBPOENA 40#1 ?1NAB PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- SEONG HWAN KIM AND BYUNG JU KIM TERM, CUMBERLAND CASE NO: 07-1591 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/17/2007 half ` PAUL W. GREGO, ES / Attorney for DEF NDANT R1.50 133-H DE11 62592-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAY W. KLINGER -vS- SEONG HWAN KIM AND BYUNG JU KIM COURT OF COMMON PLEAS TERM, CASE NO: 07-1591 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 t Note: see enclosed list of locations ) TO: JAY W. KLINGER, (PRO SE), PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/27/2007 CC: PAUL W. GREGO, ESQ. - 120-132823 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0380443 62592-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY ONLY DR. KANEDA MEDICAL, BILLING, AND X-RAY(S) MARK OLIVETTI, D.C. MEDICAL, BILLING, AND X-RAY(S) JOSEPH STYNCHULA, M.D. MEDICAL, BILLING, AND X-RAY(S) ERIE INSURANCE GROUP WORKER COMPENSATION RECORDS LOWER ALLEN TOWNSHIP POLICE INVESTIGATION RECORDS R1.49S 133-H DE02-0380443 62592-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAY W. KLINGER Q Or 11 File No. VS. SEONG HWAN KIM AND BYYNG JU KIM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for 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: **** S ATTACHED RMER **** at The MCS Groin, Inc., 1601 Market Street. Suite 800. Philadelphia. PA 19103 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: PAUL W. GREGO. ES ADDRESS: 1-857 WILLIAM PENT TELEPHONE:. (2115,) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: P no f i Division C Deputy Date: ` ../?.7 Seal of the Court 62592-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 62592 JAY W. KLINGER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including-any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: from: 01-01-1985 to the present. Subject : JAY W. KLINGER Social Security #: 173-58-9837 Date of Birth: 01-20-1964 R1.49S 133-H SU10-0713156 62592-LO1 IN THE MATTER OF: JAY W. KLINGER CERTIFICATE INA L PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -vS- SEONG HWAN KIM AND BYUNG JU KIM TERM, CUMBERLAND CASE NO: 07-1591 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/17/2007 S1 C o bel}al f o , PAUL W. GREGO, ES Attorney for DEFENDANT R1.50 133-H DE11 62592 -L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAY W. KLINGER -VS- SEONG HWAN KIM AND BYUNG JU KIM COURT OF COMMON PLEAS TERM, CASE NO: 07-1591 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations 3 TO: JAY W. KLINGER, .(PRO SE), PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/27/2007 CC: PAUL W. GREGO, ESQ. - 120-132823 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H D202-0380443 62592-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY ONLY DR. KANEDA MEDICAL, BILLING, AND X-RAY(S) MARK OLIVETTI, D.C. MEDICAL, BILLING, AND X-RAY(S) JOSEPH STYNCHULA, M.D. MEDICAL, BILLING, AND X-RAY(S) ERIE INSURANCE GROUP WORKER COMPENSATION RECORDS LOWER ALLEN TOWNSHIP POLICE INVESTIGATION RECORDS R1.49S 133-H DE02-0380443 62592-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAY W. KLINGER File No. © (? ' VS. SEONG HWAN KIM AND BYYNG JU KIM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _ 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: "" SEE ATTACHED RIDER "" at The MCS Group_ Inc., 1601 Market Street, Suite 800. Philadelphia, PA 19103 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: PAUL W. GREGO. E ADDRESS: 1857 WILLIAMP_EN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY OURT: Pro onotary/Cl i ' D sion AW) DEC 1 7 2007 Deputy Date: _ '71 Seal of the Court 62592-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL BILLING DEPT. 503 N. 21ST STREET CAMPHILL, PA 17011 RE: 62592 JAY W. KLINGER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 01-01-1985 to the present. Subject : JAY W. KLINGER Social Security #: 173-58-9837 Date of Birth: 01-20-1964 R1.49S 133-H SU10-0713158 62592-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JAY W. KLINGER -VS- SEONG HWAN KIM AND BYUNG JU KIM ORIGINA' ? COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-1591 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/17/2007 / 'eh f of PAUL W. GRE ESQ. Attorney fo DEF ENANT R1.50 133-H DEll 62592-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAY W. KLINGER -VS- SEONG HWAN KIM AND BYUNG JU KIM COURT OF COMMON PLEAS TERM, CASE NO: 07-1591 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations j TO: JAY W. KLINGER, .(PRO SE), PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. 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 the twenty day notice period is waived or if no objection is made, then thesubpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/27/2007 CC: PAUL W. GREGO, ESQ. - 120-132823 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0380443 62592-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY ONLY DR. KANEDA MEDICAL, BILLING, AND X-RAY(S) MARK OLIVETTI, D.C. MEDICAL, BILLING, AND X-RAY(S) JOSEPH STYNCHULA, M.D. MEDICAL, BILLING, AND X-RAY(S) ERIE INSURANCE GROUP WORKER COMPENSATION RECORDS LOWER ALLEN TOWNSHIP POLICE INVESTIGATION RECORDS R1.49S 133-H DE02-0380443 62592-COI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAY W. KLINGER Q Ir? ! File No. J ' 1 VS. SEONG HWAN KIM AND BYYNG JU KIM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for 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: **** SEE ATTACHED RIDER **** at The MCS GrW, Inc.- 1601 Market Street Suite 500. Philade p lia, PA 19103 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: PAUL W. G ADDRESS: 1857 WILL) TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant COURT: BY 71 'e ?V P . onotary/Cler vil ivision DEC 17 2007 Deputy Date: L /W • 'V. 424--,27 Seal of the Court 62592-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 62592 JAY W. KLINGER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: from: 01-01-1985 to the present. Subject : JAY W. KLINGER , Social Security #: 173-58-9837 Date of Birth: 01-20-1964 R1.49S 133-H SU10-0713160 62592-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JAY W. KLINGER -vS- SEONG HWAN KIM AND BYUNG JU KIM OpIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-1591 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/17/2007 R1.50 133-H fs ?b.:h f of I REGO ESQ. Attorney forfDEFENDANT DE11 62592-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAY W. KLINGER -VS- SEONG HWAN KIM AND BYUNG JU KIM COURT OF COMMON PLEAS TERM, CASE NO: 07-1591 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: JAY W. KLINGER, .(PRO SE), PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/27/2007 CC: PAUL W. GREGO, ESQ. - 120-132823 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H D1302-0380443 62592-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY ONLY DR. KANEDA MEDICAL, BILLING, AND X-RAY(S) MARK OLIVETTI, D.C. MEDICAL, BILLING, AND X-RAY(S) JOSEPH STYNCHULA, M.D. MEDICAL, BILLING, AND X-RAY(S) ERIE INSURANCE GROUP WORKER COMPENSATION RECORDS LOWER ALLEN TOWNSHIP POLICE INVESTIGATION RECORDS R1.49S 133-H DE02-0380443 62592-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAY W. KLINGER File No. VS. SEONG HWAN KIM AND BYYNG JU KIM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS .FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR.KANEDA (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: **** SEE ATTACHED RIDER **** at The MCS Gmw. Im. 1601 Market Street,Suite 800, Philadelphia. PA 19103 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: PAUL W. GREGO. E ADDRESS: 1857 WILLIAM PEN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR. Defendant DEC 1 7 2007 BY OURT: 0!- e!'_ U L a -- - Pro notary/Cler '1 ivision Date: '7W, a!. Deputy tea? Seal of the Court 62592-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. KANEDA ORTHO. INSTITUTE OF PA 3916 TRINDLE RD. CAMP HILL_ PA 17011 RE: 62592 JAY W. KLINGER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 01-01-1985 to the present. Subject : JAY W. KLINGER Social Security #: XXX-XX-9837 Date of Birth: 01-20-1964 R1.49S 133-H SU10-0713162 62592-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JAY W. KLINGER ORIC-11NAL COURT OF COMMON PLEAS TERM, CUMBERLAND -vS- SEONG HWAN KIM AND BYUNG JU KIM CASE NO: 07-1591 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/17/2007 CS n_pe f of PAUL W. GREG , ESQ. Attorney fo DEFENDXNT R1.50 133-H DEli 62592-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAY W. KLINGER -VS- SEONG HWAN KIM AND BYUNG JU KIM COURT OF COMMON PLEAS TERM, CASE NO: 07-1591 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: JAY W. KLINGER, .(PRO SE), PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/27/2007 CC: PAUL W. GREGO, ESQ. - 120-132823 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0380443 62592-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY ONLY DR. KANEDA MEDICAL, BILLING, AND X-RAY(S) MARK OLIVETTI, D.C. MEDICAL, BILLING, AND X-RAY(S) JOSEPH STYNCHULA, M.D. MEDICAL, BILLING, AND X-RAY(S) ERIE INSURANCE GROUP WORKER COMPENSATION RECORDS LOWER ALLEN TOWNSHIP POLICE INVESTIGATION RECORDS R1.49S 133-H DE02-0380443 62592-CO1 COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND JAY W. KLINGER O-q- VS. File No. SEONG HWAN KIM AND BYYNG JU KIM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MARK OUYETTL 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: **** SEE ATTACHED RIDER **** at The MCS Group Inc., 1601 Market Street_ Suite 800, phila elphia. PA 19103 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. PAUL W GREGO ESQ ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANC;ASU& PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT H),#: ATTORNEY FOR: Defendant DEC 17 2007 Date: 1XI • ?/..2ey7 Seal of the Court BY THE URT: Proth otary/Clerk, C' ' i ' ion Deputy 62592-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MARK OLIVETTI. D.C. 856 CENTURY DRIVE STE C MECHANICSBURG, PA 17055 RE: 62592 JAY W. KLINGER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 01-01-1985 to the present. Subject : JAY W. KLINGER Social Security #: XXX-XX-9837 Date of Birth: 01-20-1964 R1.49S 133-H SUIO-0713164 62592-LO5 CERTIFICATE ORIGIN* PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAY W. KLINGER TERM, CUMBERLAND -VS- CASE NO: 07-1591 SEONG HWAN KIM AND BYUNG JU KIM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/17/2007 Rhal ,bFof PAUL ///W((.,,((ffGREGO, SQ. Attorney for DEFENDANT R1.50 133-H DE11 62592-LO6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAY W. KLINGER -VS- SEONG HWAN KIM AND BYUNG JU KIM COURT OF COMMON PLEAS TERM, CASE NO: 07-1591 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JAY W. KLINGER, .(PRO SE), PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/27/2007 CC: PAUL W. GREGO, ESQ. - 120-132823 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 4#800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0380443 62592-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY ONLY DR. KANEDA MEDICAL, BILLING, AND X-RAY(S) MARK OLIVETTI, D.C. MEDICAL, BILLING, AND X-RAY(S) JOSEPH STYNCHULA, M.D. MEDICAL, BILLING, AND X-RAY(S) ERIE INSURANCE GROUP WORKER COMPENSATION RECORDS LOWER ALLEN TOWNSHIP POLICE INVESTIGATION RECORDS R1.49S 133-H DE02-0380443 62592-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAY W. KLINGER vs. SEONG HWAN KIM AND BYYNG JU KIM File No. Q q-' ,5q, ' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JOSEPH STYNCHULA, 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: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street. Suite 800 PhiladelpWa- PA 19103 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: PAUL W. GREGO. ES ADDRESS: 1857 WILLIAM PENN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C URT: Protho otary/Cler D' 'sion DEC 17 2007 Deputy Date: 7ky _ /l 07QP7 Seal of the Court 62592-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOSEPH STYNCHULA, M.D. 3690 VARTAN WAY HARRISBURG, PA 17110 RE: 62592 JAY W. KLINGER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 01-01-1985 to the present. Subject : JAY W. KLINGER Social Security #: XXX-XX-9837 Date of Birth: 01-20-1964 R1.49S 133-H SUIO-0713166 62592-LO6 CERTIFICATE IN THE MATTER OF: JAY W. KLINGER PREREQUISITE TO SERVICE OF A SUBPOENA ORNINAL PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- SEONG HWAN KIM AND BYUNG JU KIM TERM, CUMBERLAND CASE NO: 07-1591 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/17/2007 ?W• alf VQ PAUL W. GREGO, Attorney for DEFENDANT/ R1.50 133-H DE11 62592 -L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAY W. KLINGER -VS- SEONG HWAN KIM AND BYUNG JU KIM COURT OF COMMON PLEAS TERM, CASE NO: 07-1591 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ) TO: JAY W. KLINGER, .(PRO SE), PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be'served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/27/2007 CC: PAUL W. GREGO, ESQ. - 120-132823 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THIS MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0380443 62592-CO1 > LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY ONLY DR. KANEDA MEDICAL, BILLING, AND X-RAY(S) MARK OLIVETTI, D.C. MEDICAL, BILLING, AND X-RAY(S) JOSEPH STYNCHULA, M.D. MEDICAL, BILLING, AND X-RAY(S) ERIE INSURANCE GROUP WORKER COMPENSATION RECORDS LOWER ALLEN TOWNSHIP POLICE INVESTIGATION RECORDS R1.49s 133-H DE02-0380443 62592-COI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAY W. KLINGER VS. SEONG HWAN KIM AND BYYNG JU KIM File No. 0q -159, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for 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: **** SEE ATTACHED ER **** at The MCS Groo- Inc., 1601 Market Street, Suite 800, Phila"hia. PA 19103 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: PAUL W. GREGO. ESQ. ADDRESS: 1857 WILLM PENN WAY P. O. BOX 10248 LANCASTER, PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR Defendant BY THE URT: Proth notary/Clerk, Di Sion DEC 1 7A Deputy Date: ? NJ -;"21. 7 Seal of the Court 62592-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE GROUP 4901 LOUISE DRIVE P. 0. BOX 2013 MECHANICSBURG, PA 17055 RE: 62592 JAY W. KLINGER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. WC CLAIM NO. 010170819532 SEE ATTACHED Entire workers compensation file, including but not limited to medical reports and/or records, claims and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. subject : JAY W. RUNGS Social Security #: XXX-XX-9837 Date of Birth: 01-20-1964 R1.49S 133-H SU10-0713168 62592-L07 THE El1'PIRE WORKER'S COMPENSATION CLAIM FILE, FROK COVER TO COVER, INCLUDING ALL APPLICATIONS FOR BENEFITS, ALL RECORDS, ALL CLAIM LOG NOTES, ALL-:BENEFITS PAYMENT DATA ALL DOCUMENTATION PERTAINING TO D KINATION, ALL APPLICATIONS COMPLETED PERTAINING TO BENEFITS SOUGHT, ALL MEDICAL RECORDS, ALL EMPLOYER RECORDS, ALL BUREAU DOCUMENTS, PAYOUT SHEETS, DO-UKENTATTON OF LIENS ASSERTED, ALL HEARING TRANSCRIPTS, CORRESP(riODENCE AND RULINGS (INCZUDING BUT NOT LIMITED TO ANY BARD COPIES OF DOCUMENTS AND.ANY AND ALL SUCH ITEMS AS MAY BE STORED IN & COMPUTER DATABASE OR OTHERWISE IN ELECTRONIC FORM), REGARDING WC CLAIM NO.010170819532, CLAIMANT- JAY W. K619MR, DOB: 1/20/64,SSN:173-58-9837, DOI: 3/25/05_ CERTIFICATE ORIGINAt PREREQTO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAY W. KLINGER TERM, CUMBERLAND -VS - CASE NO: 07-1591 SEONG HWAN KIM AND BYUNG JU KIM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PAUL W. GREGO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/17/2007 bye}ial of s PAUL W. GREGO, SQ. Attorney for DEFENDANT/-' i R1.50 133-H DE11 62592-LO8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAY W. KLINGER -VS- SEONG HWAN KIM AND BYUNG JU KIM COURT OF COMMON PLEAS TERM, CASE NO: 07-1591 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: JAY W. KLINGER, .(PRO SE), PLAINTIFF COUNSEL MCS on behalf of PAUL W. GREGO, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/27/2007 CC: PAUL W. GREGO, ESQ. - 120-132823 Any questions regarding this matter, contact MCS on behalf of PAUL W. GREGO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DR02-0380443 62592-CO1 >>> LOCATION LIST , <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY ONLY DR. KANEDA MEDICAL, BILLING, AND X-RAY(S) MARK OLIVETTI, D.C. MEDICAL, BILLING, AND X-RAY(S) JOSEPH STYNCHULA, M.D. MEDICAL, BILLING, AND X-RAY(S) ERIE INSURANCE GROUP WORKER COMPENSATION RECORDS LOWER ALLEN TOWNSHIP POLICE INVESTIGATION RECORDS t1.49S 133-H DE02-0380443 62592-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAY W. KLINGER O File No. 4 ` t vs. SEONG HWAN KIM AND BYYNG JU KIM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LOWER ALLEN TOWNSHIP POLICE (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: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market SMWL Suite 800, Philadelphia- PA 19103 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: PAUL W. GREGO. ES ADDRESS: 4857 _ WILLIAM_PENI? TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant DEC 17 2007 Date: W&Y , az "2 7 Seal of the Court BY THE URT: Protho otary/Clerk, i ' i ion Deputy 417cn I, EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LOWER ALLEN TOWNSHIP POLICE 1993 HUMMEL AVENUE CAMP HILL, PA 17011 RE: 62592 JAY W. KLINGER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ENTIRE INVESTIGATIVE FILE, INCLUDING POLICE REPORT, COLOR PRINTS OR COLOR COPIES OF ALL PHOTOGRAPHS AND THE FIELD NOTES OF THE INVESTIGATION OFFICER, FOR INCIDENT NO. LAL20050300898, INVESTIGATED SGT. LEON CRONE; INCIDENT OCCURRED ON 3/25/05 @ BECKERS SERVICE CENTER ANY AND ALL INVESTIGATION RECORDS PERTAINING TO Dates Requested: up to and including the present. Subject : JAY W. KLINGER , Social Security #: XXX-XX-9837 Date of Birth: 01-20-1964 R1.49S 133-H SUIO-0713170 62592-LO8 rs c? p '? ? ;?, ? ? ?? ,? 4 ? '" ?8 Y -c? ?, ' ....c;, W Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone -- (717) 975-9446 Fax - (717) 975-2309 BShook ii dcdlav..net JAY W. KLINGER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SEONG HWAN KIM AND BYUNG JU KIM, Defendants No.: 07- 01591- CIVIL TERM CIVIL ACTION - LAW ANSWER TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiff, Jay W. Klinger, by and through his attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Bryan W. Shook, Esquire, who answers Defendants', New Matter as follows: 2. Denied. The averments in Paragraph 2 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 3. Denied. The averments in Paragraph 3 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 4. Denied. The averments in Paragraph 4 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 5. Denied. The averments in Paragraph 5 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 6. Denied. The averments in Paragraph 6 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 7. Denied. The averments in Paragraph 7 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 8. Denied. The averments in Paragraph 8 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 9. Denied. The averments in Paragraph 9 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 10. Denied. The averments in Paragraph 10 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 11. Denied. The averments in Paragraph 11 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 12. Denied. The averments in Paragraph 12 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 13. Denied. The averments in Paragraph 13 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 14. Denied. The averments in Paragraph 14 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. WHEREFORE, Plaintiff, Jay W. Klinger, respectfully requests that this Honorable Court dismiss Defendants' New Matter and enter judgment in Plaintiffs favor. Respectfully Submitted, Dated:- 0 Bryan A. Shook, Esquire I. D.# 58805 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiff JAY W. KLINGER, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 07- 01591- CIVIL TERM SEONG HWAN KIM AND BYUNG JU KIM, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER TO NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Paul W. Grego, Esquire Post & Schell, P,C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Attorney for Defendants Dated: off- l ?- OT Respectfully Submitted, By: - 0j, BryW. Shook, Esquire I.D.# 203250 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiff VERIFICATION I, Jay W. Klinger, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: ) Oa- 0 Jay W. n er C-D y41 i? Bryan W. Shook, Esquire ID 4203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 l3Shookrii dcdla%<.net JAY W. KLINGER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 07- 01591- CIVIL TERM SEONG HWAN KIM AND BYUNG JU KIM, Defendants CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please kindly enter my appearance on behalf of the Plaintiff, Jay W. Klinger, in the above captioned matter. Respectfully Submitted, Dated: a ! -Q g By: Bryan MV. Shook, Esquire I. D.# 58805 2132 Market Street Camp Hill, PA 17011 . . JAY W. KLINGER, Plaintiff V. . SEONG HWAN KIM AND BYUNG JU KIM, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 07- 01591- CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER TO NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Attorney for Defendants Dated: ;? - IT' Respectfully Submitted, By: rya W. Shook, Esquire I. D.# 203250 2132 Market Street Camp Hill, PA 17011 r Fri Jr" ci Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 l1S1iook1rkdcd1a%N.nec JAY W. KLINGER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 07- 01591- CIVIL TERM SEONG HWAN KIM AND BYUNG JU KIM, Defendants CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please kindly mark the above captioned matter settled, satisfied and discontinued. Respectfully Submitted, Date: August 11, 2008 JL4--Bryan,*. Shook, Esquire rTl F r? ++.. r"I t b i 1 1r4? °