Loading...
HomeMy WebLinkAbout01-04531IN THE COURT OF COMMON PLEAS OF CL?MBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION: LAW Clinton O. Timmins : No. p ~ - x(,5',3 ~ ~t ~ t~~ElL.d~'l 604 York Circle Mechanicsburg, PA 17055 v. Kimberly A. Felice 6 Foxfield Court Mechanicsburg, PA 17055 Civil P.ction PRAECIPE FOR WRTT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Tress in the above case. Writ of Summons shall be issued and forwarded to Attorney/Sheriff. Respectfully Submitted, ANSTINE & SPARLER Date: ~= _ William B. Anstine, Jr., Esquire 117 E. Market St. York, PA 17401 (717)846-8811 Supreme Court No. 07351 Attomey for Plaintiff Ansline & SParler Anoar~rsnrUw SUMMONS IN CIVIL ACTION TO: Kimberl~A. Felice 6 Foxfield Court Mechanicsburg, PA 17055 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. _~ Prothonotary/Clerk, Civil ~on Date: J ~-I v ~; ~G1Cil ~ /~'lln~+o C r>7 Depu A $parler` Anoau~sarUw SHERIFF'S RETURN - REGULAR CASE NO: 2001-04531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TIMMINS CLINTON O VS FELICE KIMBERLY A KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FELICE KIMBERLY A the DEFENDANT at 1502:00 HOURS, on the 30th day of July 2001 at 6 FOXFIELD COURT MECHANICSBURG, PA 17055 KIMBERLY A FELICE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.15 ~ ~ .00 ' 10.00 R. Thomas Kline .00 35.15 07/31/2001 ANSTINE & SPARLER Sworn and Subscribed to before By: me this J ~ day of ~•.Q ,t o2p~~ A.D. r thonotar~~J «, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON O. TIMMINS TIMMINS, his wife Plaintiffs v. KIMBERLY A. FELICE Defendant No. 01-04531 CIVIL ACTION -LAW NOTICE A $garl~ AnormersnrlAw 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. and PHYLLIS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17007 Telephone No.: (717) 249-3166 ANSTI/fj E & SP RL R By: l ~ n JOS H N. GOTHIE, SQUIRE Supreme Court I.D. #80390 117 E. Market Street York, PA, 17401 (717) 846-8811 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLINTON O. TIMMINS TIMMINS, his wife Plaintiffs v. KIMBERLY A. FELICE Defendant and PHYLLIS No. 01-04531 CIVIL ACTION -LAW AVISO A $parler a~~nuUw USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17007 Telephone No.: (717) 249-3166 ANSTIf~ & SPA~E}~~% ~k~ JOSE H N. THIE, ESQUIRE Supreme Court I.D. #80390 117 E. Market Street York, PA, 17401 (717)846-8811 IN THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, PENNSYLVANIA CLINTON O. TIMMINS and PHYLLIS TIMMINS, his wife Plaintiffs v. KIMBERLY A. FELICE Defendant No. 01-04531 CIVIL ACTION -LAW COMPLAINT AND NOW, TO WTT, this ~~day of 2001, come the Plaintiffs, Clinton O. Timmins and Phyllis Timmins, his wife, by their attorneys, Anstine & Sparler, who file this Complaint as follows: 1. Plaintiffs Clinton 0. Timmins and his wife, Phyllis Timmins, are adult individuals who reside at 604 York Circle, Mechanicsburg, PA 17055. 2. The Defendant, Kimberly A. Felice, is an adult individual residing at 6 Foxfield Court, Mechanicsburg, PA 17055. 3. Vehicles operated by Plaintiff Clinton O. Timmins and the Defendant were involved in a collision at the intersection of Hogestown Road (SR0114) and Mulberry Drive (T- 586). 4. The collision took place on or about August 8, 1999 at approximately 3:00 p.m. 5. Plaintiff Clinton 0. Timmins was the operator of a 1991 Buick Century in which he was `9 $parl er carrying three passengers. Artoarvsnarlnw 6. The Defendant was driving a 1997 Honda CRV. 7. At the time and place aforesaid, the Plaintiffs were proceeding south on Hogestown Road and the Defendant was proceeding west on Mulberry Drive near the place where the roads intersect in Silver Spring Township in Pennsylvania. 8. A stop sign is posted on Mulberry Drive where it intersects with Hogestown Road, requiring traffic heading east on Mulberry Drive to stop at the intersection. 9. No stop sign is posted on Hogestown Road at the intersection with Mulberry Drive. 10. As the Plaintiff was driving south on Hogestown Road, the Defendant, suddenly and without warning, entered the intersection of Hogestown Road and Mulberry Drive without stopping at the stop sign. 11. The Defendant was cited for violating 75 Pa.C.S.A. Section 3323(B) by the Silver Spring Township Police Deparhnent for her failure to stop at the stop sign before entering the intersection. 12. Upon entering the intersection, the front of the Defendant's 1997 Honda CRV struck the left front side of the Plaintiffs' 1991 Buick Century near the driver's door. 13. The violence of the collision spun the Plaintiffs' car and caused it to come to rest in the yard of a private residence located at the southwest comer of the intersection at the street address of 229 Hogestown Road. `q $parle~r aRO~nA,uw 14. Damage to the Plaintiffs' car was so severe that rescue and emergency crews were required to use a "Jaws of Life"-type device in order to extricate the Plaintiff from the vehicle. 15. Damage to the Plaintiffs' car was so severe that it was declared a total loss. 16. The collision was solely the result of the Defendant's negligence as follows: A. Failing to stop for a stop sign (75 Pa.C.S.A. 33323(B)); B. Operating a motor vehicle in a careless and reckless manner (75 Pa.C.S.A. 333714 and 3736); C. Failing to properly operate and control a motor vehicle while driving on public roadways; D. Failing to keep alert and maintain a proper lookout while driving a motor vehicle; E. Operating her vehicle at an excessive rate of speed under the circumstances (75 Pa.C.S.A. 33361); 18. The collision between the Defendant's vehicle and the Plaintiffs' vehicle resulted in injuries to the Plaintiffs. COUNT I -NEGLIGENCE: PLAINTIFF' CLINTON O. TIMbIINS v. DEFENDANT HINIBERLY A. FELICE 19. Plaintiffs incorporate by reference paragraphs 1 through 18 as if fully set forth at length. A SP Yj& an~,~A,Uw 20. Solely as a result of the Defendant's negligence, Plaintiff Clinton O. Timmins has incurred substantial injuries and damages, including but not limited to, the following: A. A ruptured disc at C3-4; B. Pain and stiffness in the neck; C. Post-traumatic stress disorder requiring treatment and medication; D. Injury to the lower back which may necessitate surgery; and E. Damage to nerves and nervous system. 21. The Plaintiff's injuries listed in Paragraph 20, above, constitute serious and permanent injuries which, along with permanent scarring, exceed the threshold for proof of non- economic damages under a limited tort election. 22. Solely as a result of the Defendant's negligence, the Plaintiff has been forced to endure extreme pain and suffering and a loss of many of the pleasures of life as well. Such suffering will continue into the future. 23. Solely as a result of the Defendant's negligence, the Plaintiff has and will in the future incur additional financial expenditures and losses which may or will exceed the amounts he may otherwise be entitled to recover. WHEREFORE, Plaintiff asks this honorable court to grant judgment in his favor and against the Defendant in an amount in excess of $30,000.00 plus costs and interests as follows bylaw. `4 $p rle~r n~oR~~uuw COUNT II -LOSS OF CONSORTIUM: PLAINTIFF PHYLLIS TINIIVIINS v. DEFENDANT KIMBERLY A. FELICE 27. Plaintiffs incorporate by reference paragraphs 1 through 26 as if fully set forth at length. 28. As a result of the injuries sustained by her husband, Clinton O. Timmins, Plaintiff Phyllis Timmins has been deprived of the assistance, society, and services of her husband. WHEREFORE, Plaintiff asks this honorable court to grant judgment in his favor and against the Defendant in an amount in excess of $30,000.00 plus costs and interests as follows by law. Date: Q ~~ 6/ Respectfully submitted, ANSTINE & SPARLER BY: ~a A1`_ ~ r William B. Anstine, Jr., Esq e 117 E. Market Street York, PA 17401 (717) 846-8811 I.D. No. 07351 Attorney for the Plaintiff `9 SparleBr n,~,uw VERIFICATION The undersigned, Clinton O. Timmins and Phyllis Timmins, hereby verify the facts as set forth in the foregoing Complaint, as being true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~ Zw © ~ s ~~~ a CLINTON O. TIMNIINS PHYL TIMMINS A $parie`~r Arzomxna~lgw IN THS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION: LAW CLINTON O. TIMI\~IINS and PHI'LLIS : No. 01-04531 TIMMINS, his wife, Plaintiff v. KIMBERLY A. FELICE, Defendant :Civil Action CERTIFICATE OF SERVICE I certify that I am this day serving a copy of Plaintiffs' COMPLAINT of Plaintiffs Clinton O. Timmins and Phyllis Timmins, upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure § 440. Service by First Class Mail addressed as follows: Counsel for Defendant Kimberly A. Felice: Joseph M. O'Neil, Esquire 1880 John F. Kennedy Blvd, 12a` fl. Philadelphia, PA 19103 Date:j~~ ~~~~,Z I ANSTINE & SPARLER William B. Anstine, Jr., Esquire 117 E. Market Street York, PA 17401 (717)846-8811 Attorney for Plaintiff A $parl er Anormxnarlnw Y MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. BY: JOSEPH M. O'NEII.L, ESQUIliE IDENTIFICATION N0.31611 ATTORNEY FOR DEFENDANT, 1880 JOHN F. KENNEDY BOULEVARD RICHAR A. FELICE 12TH FLOOR PHILADELPHIA, PENNSYLVANIA 19103 (215) 564-6688 381-65628 CLINTON O. TIMNIINS vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION KIMBERLEY A. FELICE NO. 01-4531 NRY TRIAL DEMANDED (12 IURORS) ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter our appearance on behalf ofDefendant, KIMBERLY A. FELICE , in the above-captioned matter. Defendant by and through his und0rsigned attorney hereby demands a trial by jury of twelve in the above referenced matter. Respectfully submitted, MARKS, O'NEILL, O'BR1EN & COURTNEY, P.C. BY:~.I ~,,-~, ~~-~~ JOSEPH M. O'NEII.L, ESQUIRE Attorney for Defendant .. MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. BY: JOSEPH M. O'NEII.L, ESQUIItE IDENTIFICATION N0.31611 1880 JOHN F. KENNEDY BOULEVARD ATTORNEY FOR DEFENDANT, RICHARD A. FEILCE 12TH FLOOR PHILADELPHIA, PENNSYLVANIA 19103 (215)564-6688 381-65628 CLINTON O. TIMIv1INS vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION KIMBERLEY A FELICE NO. 01-4531 JURY TRIAL DEMANDED (12 JURORS) PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a rule upon Plaintiff to file a Complaint within 20 days hereof or suffer the entry of a judgment of Non Pros. MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. BY: Joseph M. ONei 1, Esquire Attorney for Defendant RULE TO FILE COMPLAINT AND NOW, this-Lday of(~~~ ~olRule is hereby granted upon Plaintiffs to file a Complaint herein within 20 days after service or suffer the entry of a Judgment of Non Pros. _ i~J~. PROTHONOT TO: PLAINi1FFS MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. BY: NANCY E. MANCHESKI, ESQUHZE IDENTIFICATION N0.48292 1880 JOHN F. KENNEDY BOULEVARD, SUITE 1200 PHILADELPHIA, PENNSYLVANIA 19103 (215)564-6688 YOU ARE HEREBY NOTIFIED 70 FH.E A WRFFFEN RESPONSE i0 THE ENCIASED NEW MATLER WITHIN SHIRTY (SS) DAYS FROM SERVICE HEREOF ORAJUDGMENT MAY BE ENTE YOU. ATFO EY OR EFEND 17 ERL FE41CE ATTORNEY FOR DEFENDANT Kimberley Felice Our Tile # 381-65628 Clinton O. Timmins and Phyllis Timmins h/w vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY Kimberly A, Felice CIVIL DIVISION NO.O1-04531 ANSWER OF DEFENDANT. KIMBERLY A. FELICE, TO PLAINTIFFS' COMPLAINT WITH NEW MATTER Answering Defendant, Kimberly A. Felice, by and through her attorneys, Marks, O'Neill, O'Brien & Courtney hereby respond to Plaintiffs' Complaint as follows: 1. Admitted in part; denied in part. It is hereby admitted that Clinton O. Timmins and Phyllis Timmins are Plaintiffs in the above-captioned matter. However, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in paragraph 1 and demands strict proof thereof at time of trial. Z. Admitted in-part; denied in part. It is admitted that Answering Defendant is presently an adult individual. However, it is specitically denied that Answering Defendant currently resides at 6 Foxfield Court, Mechanicsburg, PA 17055. Answering Defendant's correct address is 2449 Cardinal Avenue, Philadelphia, PA 19131 3. Admitted. 4. Admitted. 5. Admitted in part; denied in part. It is admitted that Plaintiff, Clinton O. Timmins was the operator of a vehicle in which he was carrying passengers. As to the remaining allegations, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to their truth. 6. Admitted. Admitted in part; denied in part. It is hereby admitted that at the time and place aforesaid, Plaintiffs were traveling on Hogestown Road and Defendant was proceeding on Mulberry Drive near the place where the roads intersect in Silver Spring Township Pennsylvania. However, to the extent that the remaining allegations contained in paragraph 7 state conclusions of law, no response is required under the Pennsylvania Rules of Civil Procedure. S. Admitted in part; denied in part. It is hereby admitted that a stop sign is posted on Mulberry Drive where it intersects with Hogestown Road. However, to the extent that the remaining allegations contained in paragraph S state conclusions of law, no response is required under the Pennsylvania Rules of Civil Procedure. 9. Admitted. 10. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Additionally, withoutwaivingtheforgoing,itisspecificallydeniedthatAnswering Defendant failed to stop at the stop sign. Strict proof to the contrary is demanded at the time of trial. 11. Denied. The averments contained in this paragraph state conclusions of Iaw to which na response is required. 12. Admitted in part; denied in part. It is hereby admitted that a collision occurred between the front of the Answering Defendant's 1997 Honda CRV and the left front side of the Plaintiffs' vehicle. However, it is specifically denied that said accident occurred as alleged in Plaintiffs' Complaint. Strict proof to the contrary is demanded at the time of trial. 13. Denied. The averments contained in this paragraph state conclusions off law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 14. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 15. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 16.a-e Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Additionally, without waiving the forging, it is specifically denied that Answering Defendant was negligent as alleged. Strict proof to the contrary is demanded at the time of trial. 18.(sic) Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. COUNTI-NEGLIGENCE PLAINTIFF CLINTON O. TIMMINS v. DEFENDANT IZIMBERLY A. FELICE 19. Answering Defendant incorporates her answers to paragraphs 1 through Il8 as though the same were set forth at length herein. 20.a-e Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. Additionally, without waiving the forgoing, Answering Defendant specifically denies injuries, damages, extent, nature, duration, causation, permanency and/or future damages. 21. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. Additionally, without waiving the forgoing, Answering Defendant specifically denies injuries, damages, extent, nature, duration, causation, permanency and/or future damages. 22. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a beliefas to the truth ofthe averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. Additionally, without waiving the forgoing, Answering Defendant specifically denies injuries, damages, extent, nature, duration, causation, permanency and/or future damages. 23. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. Additionally, without waiving the forgoing, Answering Defendant specifically denies injuries, damages, extent, nature, duration, causation, permanency and/or future damages. WHEREFORE, Answering Defendant demands judgement in her favor on all claims plus interest, costs, fees and any other relief deemed reasonable under the circumstances. COUNT II -LOSS OF CONSORTIUM PLAINTIFF PHYLLIS TlM1VIIN5 v. DEFENDANT KIMBERLY A. FELICE 27.(sic) AnsweringDefendantlncorporates her answers to paragraphs 1 through 23 as though the same were set forth at length herein. 28. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, however, they are denied, since after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. Additionally, without waiving the forgoing, Answering Defendant specifically denies injuries, damages, extent, nature, duration, causation, permanency and/or future damages. WHEREFORE, Answering Defendant demands judgement in her favor on all claims plus interest, cost, fees and any other relief deemed reasonable under the circumstances. NEW MATTER DIRECTED TO PLAINTIFFS 29, Answering Defendant incorporates by reference her answers to paragraphs 1-28 as though the same were set forth at length herein. 30, Plaintiffs assumed the risk of all injuries which limits and/or bars all claims. 31. Plaintiffs' claims are barred by the Comparative Negligence Statute. 32. Plaintiffs' claims fail to state any cause of action against Answering Defendant upon relief can be granted. 33. Plaintiffs' claims are barred by the Statute of Limitations and/or Laches. 34. Plaintiffs' claims are barred by the applicable Workers' Compensation Act. 35. Plaintiffs' claims are barred because of an expressed or implied contract and/or release. 36. Plaintiffs' claims are barred because of statutory and/or common law. 37. Plaintiffs'claimsarebarredbecauseofthedoctrinesofsing-econtroversy,mergerand res judicata and/or collateral estoppel. 38. Plaintiffs' claims are barred by the appropriate provisions oftheNo-Fault and/or Responsibility Act. 39. Plaintiffs' claims are barred because of improper service of process. 40. Plaintiffs' claims are barred because of the doctrine of superseding and/or intervening cause. 41. Plaintiffs' claims are barred by the doctrine of accord and satisfaction. 42. Plaintiffs' claims are barred because of the doctrine of waiver and/or estoppel. 43. Plaintiffs' claims are barred because the Court lacks jurisdiction over the subject matter of this law suit. 44. Plaintiffs' claims are barred because of improper venue. 45. At the time of the August 8, 1999 automobile accident, Plaintiffs were named insured or insured under a policy of automobile insurance which provided "limited tort" benefits. 46. At the time of the August 8, 1999 automobile accident, Plaintiffs were the owner of a registered, but uninsured automobile, and accordingly, are deemed to have selected the limited tort option. 47. Plaintiff did not sustain a "permanent serious disfigurement" within the meaning of 75 Pa. C.S.A. §1705, which is incorporated herein by reference. 48. Plaintiffs' claims for non-economic detriment are barred and/or limited to the extent they fail to prove that they have suffered a "serious injury" within the meaning of 75 Pa. C.S.A. §1705, which is incorporated herein by reference. 49. Plaintiff s claims are barred because of his ownership and operation of a motor vehicle without insurance as required under the Pennsylvania Motor Vehicle Financial Responsibility Act as found in 75 Pa. C.S.A. §1701, et. seg. 50. Plaintiffs' injuries are not permanent in nature or a signif-cant impairment of any major bodily system and, as such, Plaintiffs are precluded from seeking redress of their injuries pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act as found in 75 Pa. C.S.A §1701 et. seg. having been deemed to have elected the limited tort option. 51. The claim of Plaintiff, Phyllis Timmins, is a claim which is derivative in nature from the claim of her husband and therefore, to the extent that her husband's claim is barred or substantially reduced, so is the derivative claim of Plaintiff. WHEREFORE, Answering Defendant Kimberly A. Felice demands judgement in her favor on all claims plus interest, costs, fees and any other relief deemed reasonable under the circumstances. MARKS, O'NEII.L O'BRIEN & COURTNEY, P.C. BY: f" ~t~l _ NA E. NCHESKI Atto y for efendant, Kimberly A. Felice 10/25/2001 THU 11:10 FAX 702 9581108 I p C PJ 007 'Sent ®y: 7177969888; Oct-25.01 4:09PM; Page 414 VERiFiCATi(ZN I, Kimberly A;. Felice the Defendant in this matter hereby state that Z am authorized tp take this Verification on my own behalf; that I ]lave read the forecJOinCJf AN6NER TO PLAENTIFp&' COMPL7IINT WITIt NEN NATTER; and, `t:he averments set ;forth therein are true and corXact to the bast of my (knowledge, informa~kion and belief. Further, I understan$ that this Verification is made subject to the penalties of 18 YA.. C.S.A. §4904 relating to unsworn falsification to authorities. KI SE~FELICE DATE: 2(e (~),rqC ~{~f TTNRdTNS VV . FEyI PILE NO.; 361-65628 NEM i CERTIFICATE OF SERVICE I, Nancy E. Mancheski, Esquire hereby certifies that a true and correct copy of Defendant, Kimberly A. Felice's Answer to Plaintiffs' Complaint with New Matter, was served on the~~day of, Q~~~,~ 2001, by first class mail, postage prepaid, upon the following: William B. Anstine, Jr., Esquire 117 E. Market Street York, PA 17401 MARKS, O'NEII.L, O'BRIEN & COURTNEY, P.C. BY: IN THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, PENNSYLVANIA CLINTON O. TIMMINS and PHYLLIS TIMMINS, his wife Plaintiffs No. 01-04531 v. KIMBERLY A. FELICE Defendant CIVIL ACTION -LAW ANSWER TO NEW MATTER OF DEFENDANT KIMBERL._:Y A. FELICE AND NOW, TO WIT, this ~~t~day of -~~,.Q,.,~C,o1 , 2001, come the Plaintiffs, Clinton O. Timmins and Phyllis Timmins, his wife, by their attorneys, Anstine & Sparler, who file this Answer to New Matter of Defendant Kimberley A. Felice as follows: 30. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 31. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 32. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. Should any of these allegations be deemed factual, they are denied. Additionally, the Plaintiffs' Complaint sets forth a clear and complete basis for a claim under a count of negligence under the law of the Commonwealth of Pennsylvania. A Sp YI& Arzomvenarlww 33. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 34. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 35. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 36. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 37. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 38. Denied. The avernents contained in this paragraph state conclusions of law to which no response is required. 39. Denied. The averments contained in this paragraph state conclusions of ]awto which no response is required. 40. Denied. The averments contained in this pazagraph state conclusions of law to which no response is required. 41. Denied. The avernents contained in this pazagraph state conclusions of law to which no response is required. 42. Denied. The averments contained in this pazagraph state conclusions of law to which no response is required. A Sparl & AnonannrUw 43. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 44. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 45. Denied. To the contrary, Plaintiffs were named insured or insured under a policy of automobile insurance which provided "full tort" coverage. To the extent that auerments contained in this paragraph state conclusions of law, no response is required and the same are in any case denied. 46. Denied. To the contrary, Plaintiffs were the owners of a registered and insured automobile. Therefore, the Plaintiffs are not deemed to have selected the "limited tort" option under the Motor Vehicle Financial Responsibility Law. To the extent that averments contained in this paragraph state conclusions of law, no response is required and the same are in any case denied. 47. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 48. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 49. Denied. To the contrary, Plaintiffs were named insured or insured under a policy of automobile insurance. To the extent that averments contained in this paragraph state conclusions of law, no response is required and the same are in any case denied. A $parl er nnoR~.~.,Uw 50. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. 51. Denied. The averments contained in this paragraph state conclusions of law to which no response is required. WHEREFORE, Plaintiff asks this honorable court to grant judgment in his favor and against the Defendant in an amount in excess of $30,000.00 plus costs and interests as follows by law. Date: ~~r, 2°l, ~~ Respectfully submitted, ANSTINE & SPARLER BY: ~~'`~-- ~ ~~---t~ William B. Anstine, Jr., Esquire 117 E. Market Street York, PA 17401 (717)846-8811 I.D. No. 07351 Attorney for the Plaintiff A SP yl& AnoarvErsufaw 4 CERTIFICATE PRHREQIIISZTE TO SERVICE OF A SIIBPOENA PiTRSIIANT TO RIILE 4009.22 IN THE MATTER OF: CLINTON TIMMINS -VS- KIMBERLY A. FELICE COURT OF COMMON PLEAS TERM, CASE N0: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESKI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each gamy at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on beha f ~_ • r~Ly~ iG ~i ANC C SRI, ESQUIRE Attor ey for DEFENDANT DE11-303567 8 0 4 1 6- L 0 1 y C OMMO NWEAL TH O F PENN S YL VAN ZA COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINTON TIMMINS -VS- KIMBERLY A. FELICE HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SMITH RADIOLOGY JAY CHO, M.D. HEALTHSOUTH-DIAGNOSTIC CTRS. BECRER CHIROPRATIC TRINDLE REHABILITATION CENTER A SUBPOENA TO TERM, CASE N0: 01-04531 MEDICAL %-RAY ONLY MEDICAL RECORDS 6 XRAYS MEDICAL RECORDS fi 3RAYS MEDICAL RECORDS 6 BRAYS MEDICAL RECORDS 6 BRAYS MEDICAL RECORDS E BRAYS T0: WILLIAM B. ANSTINE, JR., ESQ MCS on behalf of NANCY MANCHESEI, ESQIII$8 intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/18/2001 CC: NANCY MANCHESRI, ESQDIRE - 381-65628 Any questions regarding this matter, contact MCS on behalf of NANCY MANCHESRI, ESQIII$E Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-173471 8 0 4 1 6- C 0 1 .~a. . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL~-.\'D CLINTON TIMMINS VS KIMBERLY A. FELICE Fi)e \o. 01-04531 SUBPOENA TO PRODUCE DOCUME:N~'S OR THI\rGS FOR DISCOVERY PURSUA.~T TO RULE 4009?' •r~: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (lame of Pman er .:rdgi +n'i:hin rwe.-c (:0) days aher service of this subpoena, you ue ordered by the court to produc:she following documents or ;flings: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA.,PA 19103 I.~ddressl You may deiivsr or mail legible copies of the documenn or produce things? tegaested by this subpoena. together wieh the certif'icare of compliance, to the party making this request at ehe address listed above. You have the right to seek in advance. the ~asanable cost of preparing the copies ar producing the thingi smnght. IE ~•ou ,'ail ro -oduce the documents or things required by this subpoena, wiLdin twenty ('~) days aher its sen•ice• the party serving tvs ecbpoena may seek a court order compelling you to comply with is THIS SLBPOE*IA WAS ISSUED AT TFiE REQUEST OF THE FALLOWING PERSO~i: A,ytE NANCY MANCHEKI , ESQ. ADDRESS: 1880 iFK BLVD.. STE 1200 PHILA.,PA 19103 T'eLEPHO\_ 215-246-0900 StPRE.~fE COURT ID tl: .aT'fOR\EY FOR DEFENDANT BY .COURT: ~~ ~ ~ ~M~ DATE: ~ ~~-~ oZ Gl0 ~ Ptetltenan4/Cak G ' rvuien ~ (J>/1-~ n Seal of the Court (=~f. i/9i1 e~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 1tE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Datgs Requested: up to and including the present. Subject : CLINTON TIMMINS Social Security #: 164-26-9868 Date of Birth: 10-03-1932 SU10-345328 8 0 4 1 6- L 0 1 ti CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PIIRSIIANT TO RIILE 4009.22 IN THE MATTER OF: CLINTON TIMMINS -VS- KIM$ERLY A. FELICE COURT OF COMMON PLEAS TERM, CASE N0: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESRI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of NANCY MANCHESKI, ESQUIRE Attorney for DEFENDANT DE11-303568 8 0 4 1 6- L 0 2 COD~IIrIONWEALTH OF PENNSYLVANIA COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINTON TIMMZNS -VS- KIMBERLY A. FELICE TERM, CASE N0: 01-04531 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SMITH RADIOLOGY 7AY CHO, M.D. HEALTHSODTH-DIAGNOSTIC CTRS. BECkER CHIROPRATIC TRINDLB REHABILITATION CSNTEB MBDICAL R-RAY ONLY Y~DICAL RHCOBDS fi BRAYS M®ICAL RECORDS 6 BRAYS MEDICAL RECORDS 6 BRAYS MEDICAL RECORDS fi BRAYS MEDICAL RHCORDS 6 BRAYS TO: WILLIAM B. ANSTINE, JR., SSQ MCS on behalf of NANCY MANCHESEI, ESQD'IRE 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 ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/18/2001 CC: NANCY MANCHESRI, ESQIIIRE - 381-65628 Any questions regarding this matter, contact MCS on behalf of NANCY MANCHSSRI, ESQIIIRE Attorney for DEFENDANT THS MCS GRODP INC. 1601 MARRET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-173471 8 0 4 1 6- C O 1. COMMONWEALTH OF PEN\eSYLVANIA COUNTY OF CUMBERL.4.\'D CLINTON TIMMINS VS KIMBERLY A. FELICE Fite No. 01-04531 SUBPOENA TO PRODUCE DOCUME\'TS OR THINGS FOR DISCOVERY PURSUAA'T TO RULE 4009? Tr~; CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (tia,ne of Perron er Endey) t~'i:hin tweny (:A) days after service of this subpoena, you ue ordered by the court to produce the following documents or things; CF.E ATTACHED at MCS GROUP INC., 1601 MARKET ST., 6800, PHILA.,PA 19103 (Addnaa) Yov may deih•er or mail legible copies of the documenta or produce ehirtgs neq~ested by this subpoena. together with the certificate of compliance, to the pam making this request at the address listed above. You haa•e the right to seek in advance. the ntasonable cost of preparing the copies or producing the thitegs swght. If you fail ea -odvee the daeutnents ar things required by this subpoeta, wit.~.irt twenty (-ol davs after its sen•ice, the party sen•ing tiffs subpoena may seek a tarot order compelling you to comply with ie THIS SLBPOE*lA WAS ISSUED AT THE REQUEST OF THE FOLLOWI?VG PERSON: ~;*,ug: NANCY MANCHEKI, ESQ. ADDRESS: 1880 JFK BT.VD.. STE 1200 PHILA.,PA 19103 TELEPHO\E: 215-246-0900 SZPRE~tE COL'R? iD ih A'ITOR\EY FOR DEFENDANT BY C URT: DATE: I aZ r ODD Prethonetary/Qerk Qv~ 'ion N Seal of the Court (i5.rf. i/9i7 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 80416 CLINTON TIMMINS Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject : CLINTON TIMMINS Social Security #: 16426-9868 Date of Birth: 10-03-1932 SiT10-345330 80416-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSIIANT TO RIILE 4009.22 IN THE MATTER OF: CLINTON TIMMINS -VS- KIMBERLY A. FELICE COURT OF COMMON PLEAS TERM, CASE N0: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESRI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of NANCY MANCHESRI, ESQUIRE Attorney for DEFENDANT DE11-303569 8 0 4 1 6- L 0 3 C OMMO NWEAL T H O F P E NN S YLVAN IA COUNTY O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINTON TIMMINS -VS- KIMBERLY A. FELICE OF HOLY SPIEIT HOSPITAL HOLY SPIRIT HOSPITAL SMITH RADIOLOGY JAY C$0, M.D. HEALT$SOtTPH-DIAGNOSTIC CTRS. BF,i.Y~R CHIROPRATIC TRINDLE REHABILITATION CSNTEE MEDICAL R-RAY ONLY MEDICAL RECORDS fi RBAYS MEDICAL RECORDS E BRAYS lOiDICAL RECORDS fi BRAYS MEDICAL RHCOBDS 5 BRAYS MEDICAL RECORDS ~ BRAYS T0: iTILL7:Ai! B. ANSTINE, JE. , ESQ AND MCS on behalf of NANCY MANCHESEI, ESQDIBE 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 sezved. Complete copies of any reproduced records may be ordered at your ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/18/2001 CC: NANCY MANCHESBI, BSQDIBB - 381-65628 Any questions regarding this matter, contact MCS on behalf of NANCY MANCHHSRI, ESQIIIBB Attorney for DEFENDANT THS MCS GRODP INC. 1601 MARRST STREET X800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-173471 8 0 4 1 6- C O 1 TERM, CASE N0: 01-04531 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLao'D CLINTON TIMMINS VS KIMBERLY A. FELICE File ~o, OL-04531 SUBPOENA TO PRODUCE DOCUM&~'TS OR THINGS FOR DISCOVERY PURSUAAT TO RULE 40091' T0: CUSTODIAN OF RECORDS FOR: SMITH RADIOLOGY Dame of Prnon or ratiey) h'i:hin twea~• f:A) days she! service of this subpoena, you ue ordered by the ROUrt to produce the followin; documents or :hin;s: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., 1k800> PHILA.,PA 19103 (Address) You may deiixer or mail legible copies of the documents or produce thist3s eagaested by this subpoena. to;ether with the certiFicate at compliance, ro the parey making this request ae the addt~e listed shave. You hate the right to welt in adranee. the xasonable cost of prepasin5 ehe copies or produein;the things sought. I! ~•ou ,'ail eo -educe the documents or things required by this subpoena, wiL6.ist twensy (~) days aher its sen•ice, the puny sen•ing tiffs subpoena may seek a coact order eompellin;you to comply with R THIS SLBPOE*IA WA5 ISSUED AT THE REQUEST OF THE FOLLOWP.vG PERSON: \.a.~tE NANCY MANCHEKI, ESQ. ADDRESg: 1880 JFK BLVD_._STE. 1200 PHILA.,PA 19103 T'eLE?HO\_ 215-246-0900 SirPAE1iE COl7ATID a. .~ZTOR\EY fOR DEFENDANT DATE ~ ~ /at ~2DO~ Seal of the Cotut EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SMITH RADIOLOGY 1515 BRIDGE STREET ' NEW CUMBERLAND, PA 17070 RE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : CLINTON TIMMINS Social Security #: 16426-9868 Date of Birth: 10-03-1932 SU10-345332 8 0 4 1 6- L 0 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SIIBPOENA PURSIIANT TO RIILE 4009.22 IN THE MATTER OF: CLINTON TIMMINS -VS- KIMBERLY A. FELICE COURT OF COMMON PLEAS TERM, CASE N0: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESKI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of NANCY MANCHESKI, ESQUIRE Attorney for DEFENDANT DE11-303570 8 0 4 1 6- L 0 4 C OMMO NWEAL T H O F P E NN S YLVAN =A COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINTON TIMMINS -VS- RIMBERLY A. FELICE NOTICE OF TERM, CASE N0: 01-04531 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SMITH RADIOLOGY JAY CHO, M.D. HEALTHSODTH-DIAGNOSTIC CTRS. BEC$ER CHIROPBATIC TRINDLE REHABILITATION CENTER MEDICAL R-RAY ONLY PIEDICAL RECORDS 6 BRAYS MEDICAL RECORDS 6 %RAYS MEDICAL RECORDS fi BRAYS MEDICAL RECORDS 6 %RAYS MEDICAL RHCORDS fi BRAYS T0: WILLIAM B. ANSTINE, JR., ESQ MCS on behalf of NANCY MAtICHHSRI, ESQDIRH 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 o£ 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 ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/18J2001 CC: NANCY MANCHESRI, ESQDIRE - 381-65628 Any questions regarding this matter, contact MCS on behalf of NANCY MANCHESRI, ESQUIRB Attorney for DEFENDANT THS MCS GROIIP INC. 1601 MARRET STREET #800 ]PHILADELPHIA, PA 19103 (215) 246-0900 DE02-173471 8 0 /+ 16 - C 01 COMMONWEALTH OF PElYNSYLVANIA COUNTY OF CUMBERLA\'D CLINTON TIMMINS VS KIMBERLY A. FELICE File \o. 01-04531 SUBPOENA TO PRODUCE DOCUMENTS OR THI\'GS FOR DISCOVERY PURSUANT TO RULE 40U9 ~~ TrJ; _ CUSTODIAN OF RECORDS FOR: DR. JAY CEO 1'~ame of Persen or Bader) H'i:hin tweny f:ll) days after sen•ice of this subpoena, you an ordered by the court to produce the foilowing Documents or ;hinge: SF.E ATTACHED at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA.,PA 19103 L~gan++) You may deiiver or mail legible copies of eht doeumenn or pmduee ehiregs tegoested by this subpoena. togeaeer w•tn ;he certificate of compliance, ro the party making this request at the address lined above. You have ehe right to sr:c .n ad~~ance. the :xaonable cost of preparing eht copies or producing the thitt3s sought. if e•ou ,'ail ro -oduce the documents or things required by this subpoena, wiL4itt twenty ('~) days aher its sen xr. • ~e party sen•ing tnis subpoena may seek a centre order compelling you ro comply with iv THIS SLBPOE*1A WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSOX: \.{,y(E NANCY MANCHEKI, ESQ. ADDRES@: 1880 JFR BLVD.. STE 1200 PHILA.,PA 19103 T'eLEPHOX 215-246-0900 SL;PRE~fE COtiRT iD M: AT'fOR\EY FOR DEFENDANT DATE LJ r' 1~ .~~rSl Seal of the Court ~(' 9"1 a EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JAY CHO, M.D. REHAB MEDICINE ASSOC. 5124 E. TRINDLE RD. MECHANICSBURG, PA 17055 RE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any exan3ination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : CLINTON TIMMINS Social Security #: 164-26-9868 Date of Birth: 10-03-1932 SU10-345334 8 0 4 1 6- L 0 4 ;, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSIIANT TO RULE 4009.22 IN THE MATTER OF: CLINTON TIMMINS -VS- KIMBERLY A. FELICE COURT OF COMMON PLEAS TERM, CASE N0: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESKI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of NANCY MANCHESKI, ESQUIRE Attorney for DEFENDANT DEll-303571 8 0 4 1 6- L O S °~,,~ ~ h COD~RrIONWEALTH OF PENNSYLVANIA COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINTON TIMMINS -VS- KIMBERLY A. FELICE HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SMITH RADIOLOGY JAY CHO, K.D. HEALTHSODTH-DIAGNOSTIC CTBS. BE^..I~ER CHIROPRATIC TRINDLE REHABILITATION CENTHR TERM, CASE N0: 01-04531 A SUBPOENA TO PRODUCE DOCUMENTS AND MEDICAL R-RAY ONLY MEDICAL RHCORDS fi BRAYS MEDICAL RECORDS fi BRAYS MEDICAL RECORDS fi BRAYS MEDICAL RECORDS fi BRAYS M®ICAL BECORDS fi BRAYS TO: WILLIAM B. ANSTlNE, JR., ESQ MCS on behalf of NANCY MANCBBSR3, ESQDIRH 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 is 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 ezpease by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 1ZJ18/2001 CC: NANCY MANCHHSRZ, ESQIIIBH - 381-65628 Any questions regarding this matter, contact MCS on behalf of NANCY MANCHHSRI, ESQDIRH Attorney for DEFENDANT THB MCS GROIIP INC. 1601 MARHET STREET X800 PHILADELPHIA, PA 19103 (215) 246-0900 DH02-173471 8 0 4 1 6- C 0 1 t ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.A.\'D CLINTON TIMMINS VS ~. KIMBERLY A. FELICE File \o. 01-04531 SUBPOENA TO PRODUCE DOCL'yiE':\'i'S OR THI\GS FOR DISCOVERY PL'RSU~i.\T TO RULE 4009 ~' j•r~; CUSTODIAN OF RECORDS FOR: HEALTH SOUTH -DIAGNOSTIC CENTER Ni:hin tweny !:D) days aher sen•iee of this subpaetu..ws sn adored by the t7Yrt to predate the following documents or •hirrgs: SEE ~:'..t,;,t~ at MCS GROUP INC., 1601 MARKET ST.. ~^~•~ -'4I!.A.,PA 19103 • ee,eM~ You may deih•es or mail legible copies of the documenrs « r.eeace HWssp teg9ested by this subpoena. togethec with the certificate of compliance, ro the party making this request r •v wUr listed above. You hate the right to seek in adrance. the taonable cost of preparin6 the copies or p.ervn,.g ,fy tlsittgs sought. !f you .'ail to -oduee the documents or ehingti requirN s. +,s athwna, wiLbitt twenty (.D) days aher its sen•ice, the party seeing tiffs stbpoena may seek a eotut order rompetl.rg .w ~ netpty with THIS SLBPOEWA WAS ISSUED AT T'rIE REQItl7 Of THE FC-LLOW1IvG PEItSQ'.v: ~•itiS$ NANCY MANCHEKI, ES .ADDRESS: 1880 JFK BLVD.. STF. 1200 PHILA.,PA 19103 T'eLEPHO~_ 215-246-0900 SirPRE~fE COURT ID 11: ATTOR~E7 FOR DEFENDANT DATE: Sea! of the Court (.ff. i/91 t ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH-DIAGNOSTIC CTRS. 4349 CARLIDE PIKE CENTER OF CAMP HILL CAMP HILL„ PA 17011 RE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes,.original X-Rays, billing and payment records, relating to any exar3~mation, consultation, care or treatment. Dates Requested. up to and including the present. Subject : CLINTON TIMMINS Social Severity !~: 16426-9868 Date of Birth: 10-03-1932 SU10-346048 8 0 416 -L O S 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PIIRSIIANT TO RIILE 4009.22 IN THE MATTER OF: CLINTON TIMMINS -VS- KIMBERLY A. FELICE COURT OF COMMON PLEAS TERM, CASE N0: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESRI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 0108/2002 MCS on behalf of NANCY MANCHESRI, ESQUIRE Attorney for DEFENDANT DE11-303572 8 0 4 1 6- L 0 6 .~ ... , ,; CONlP20NWEALTH OF PENNSYLVANIA 'COUNTY O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINTON TIMMINS -VS- KIMBERLY A. FELICE OF IN°PENT TO SERVE A HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SMITH RADIOLOGY JAY CHO, M.D. BEALTHSOiJTH-DIAGNOSTIC CTBS. BEFSER CHIROPRATZC TRINDLB REHABILI?ATION CENTER TERM, CASE N0: 01-04531 MEDICAL R-BAY ONLY MEDICAL RECOBDS fi RRAYS MEDICAL RECORDS fi RRAYS MEDICAL RECORDS fi XRAYS ?YBDICAL RECORDS fi RRAYS MEDICAL RECORDS fi RRAYS T0: WILLIAM B. ANSTINE, JR., ESQ HCS on behalf of NANCY HANCHESEI, ESQDIRE 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 ezpense by completing the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 12~18~2001 CC: NANCY MANCHBSRI, BSQDIBE - 381-65628 Any questions regarding this matter, contact MCS on behalf of NANCY MANCHHSRI, ESQDIRE Attorney for DEFENDANT THH MCS GRODP INC. 1601 MARKET STREET X800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-173471 8 0 4 1 6- C O 1. ,, COMMONWEALTH OF PENNSICLVANIA COUNTY OF CUMBERLA.\'D CLINTON TIMMINS VS ,._ KIMBERLY A. FELICE File ~o. 01-04531 SUBPOENA TO PRODUCE DOCUME\°CS OR THI\'GS FOR DISCOVERY PURSUANT TO RULE 4009 ~~ T7: CUSTODIAN OF RECORDS FOR: BECKER CHIROPRACTIC - Dame of Penoe or grin) t+'i;hin n+e.-r (:0) days ahv service of this subpoena. you ue ordved by the court to produce the follawin; documents or sings: SF.E ATTACHED at MCS GROUP INC., 1601 MARKET ST., IF800, PHILA.,PA 19103 I.~ddressl You may deih•er or mail legible copin of the documents ar produce ehinge eegvasted by this subpoena, together with the cenifinte of compliance, to the party tnalcing this request at the address listed above. You bare the right to seek in ads ance, the seasonable cost of preparing the copies or producing the tt»ttgs sesugttt. If you .'ail eo -oduce the documents or things required by this subpoer+>. witl°.irs twenty ('~) days after its sen•ice, the posy sen•ing this scbpaena may seek a court ordv compelling you to tompiy wills THIS StBPOE*fA WAS ISSUED AT THE REQUEST OFTHE FOLLOWING PER50!~: ,p~E NANCY MANCHEKI, ESQ. .~DDRE55: 1880 TFR Br.VD.. CTR 1200 PHILA.,PA 19103 T'eLEPHO\ : 215-246-0900 SLPRE\lE COURT ID +: ATTORNEY FOR: DEFENDANT DATE I1Cc_ /fit ~GYi/ Seal of the Court (.ff. i/9i) A ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS -FOR: BECKER CHIROPRATIC 501 MARKET STREET LEMOYNE, PA 17043 RE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. b= Dates Requested: up to and including the present. Subject : CLINTON TIMMINS Social Security #: 16-26-9868 Date of Birth: 10-03-1932 SU10-345338 8 0 4 1 6- L 0 6 a CERTIFICATE PREREQUISITE TO SERVICE OF A SIIBPOENA PURSIIANT TO RIILE 4009.22 IN THE MATTER OF: CLINTON TIMMINS -VS- KIMBERLY A. FELZCE COURT OF COMMON PLEAS TERM, CASE N0: 01-04531 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of NANCY MANCHESKI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/08/2002 MCS on behalf of NANCY MANCHESKI, ESQUIRE Attorney for DEFENDANT DEll-303573 8 0 4 1 6- L 0 7 + m. COr~11r1ONWEAI.TH OF PENNSYLVANIA COUNTY O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CLINTON TIMMINS -VS- RIMBERLY A. FELICE HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL SMITH RADIOLOGY JAY CHO, M.D. HEALTHSOUTH-DIAGNOSTIC CTRS. BEERER CHIROPBATIC T1t1tiDLE RBHABILITATION CENTER A TERM, CASE N0: 01-04531 MEDICAL R-BAY ONLY MEDICAL RECORDS 5 BRAYS MEDICAL RECORDS 6 BRAYS MEDICAL RBCORDS 6 RBAYS MEDICAL RECORDS 6 BRAYS MEDICAL RECORDS fi XRAYS T0: WILLIAli B. ANSTINE, JR., ESQ MCS on behalf of NANCY MANCHESEI, ESQIIIBE 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 is 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 ezpense by completing the attached counsel card and returning saw to MCS or by contacting our local IBS office. DATE: 12/18/2001 CC: NANCY MANCBBSR:I, BSQDIRB - 381-65628 Any questions regarding this matter, contact MCS oa behalf of NANCY MANCHBSRS, ESQDIRE Attorney for DEFENDANT THB MCS GROIIP INC. 1601 MAR&BT S'PREBY /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-173471 8 0 4 1 6- C O 1. ., e~. C_ OMMONWEALTH OF pEVif512VANIA COUNTY OF CUMBERL~\'D CLINTON TIMMINS VS KIMBERLY A. FELICE J File \o. 01-04531 SUBPOENA TO PRODUCE DOCUME~'TS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009?' Try: CUSTODIAN OF RECORDS FOR: TRIAIDLE REHAB, MEDICINE CTR. Itiame of Person ar eadey) N~i:hin twe"r q0) days after stn ice of this subpoena, you att ordered by tht t9Yrt to produce the failawing documents or ;pings: _ SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., Ik800, PHILA.>PA 19103 (.lddrns) Yau may deih•er or mail tegfble copies of the documenn or produce ehi~ regaested by this subpoena. together with the certificate of compliance, so the party making this request at the addstss listed about. You have the right to seek in ad.•anee. the roasonable con of preparins the copies or producing the ttsissfp oonght. If you fail ro -educe the documents or things required by this subpoena. sritltitt twenty (SC) days after its service. the parry seeing ttis st:bpoena may seek a court order compelling you to comply with is THIS StBPOE'VA WAS ISSUED AT THE REQUEST OFTHE FOLLOWP.VG PERSON: ~p,,HE NANCY MANCHEKI, ESQ. .4DDREcS: 1880 TFR BLVD. - STE 1200 PHILA. ,PA 19103 T'eLEPHO\_ 215-246-0900 SLrPREtifE COtJ'A? 1D e: ATfOR\EY FOIC DEFENDANT DATE: ~~~. lac ~~d/ Seal of the Court w.. . EXP~.ANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRINDLE REHABILITATION CENTER 5124 EAST TRINDLE RD. MECHANICSBURG, PA 17055 RE: 80416 CLINTON TIMMINS Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including flee present. Subject : CLINTON TIMMINS Social Security #: 164-26-9868 Date of Birth: 10-03-A932 SU10-345340 8 0 416 -L 0 7 ANSTINE & SPARLER BY: WILLIAM B. ANSTINE, JR. IDENTIFICATION NO. 117 EAST MARKET STREET YORK, PA 17401 381-65628 Clinton O. Timmins and Phyllis Timmins h/w vs. Kimberly A. Felice ATTORNEY FOR PLAINTIFFS Clinton O. Timmins and Phyllis Timmins COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.Ol-04531 ORDER TO SSTTLS, DISCONTINUE & END Kindly mark the above matter Settled, Discontinued and Ended, upon payment of your costs only. ANSTINB & SPARLER WILLIAM B. ANSTINE, JR., ESQUIRE Attorney for Plaintiffs DATED: ~Z~ Y PENNSY SUPPLY, INC., AppeIlant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. SILVER SPRING TOWNSHIP ZONING HEARING BOARD, Appellee NO. 01-4957 CIVIL TERM and TOWNSHIP OF SILVER SPRING, Intervenor and JOHN C. AND HELEN E. SULLIVAN, Intervenor PRAECII'E TO WITHDRAW APPEAL TO: PROTHONOTARY Please mark the above-referenced matter as withdrawn and discontinued. REAGER & ADLER, PC Dated: ~~~ ~~ By: ``2'~Q/ ~ -Q G~ Charles E. Zaleski, Esquire Attorney I.D. No. 18043 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Attorneys for Appellant, Pennsy Supply, Inc. ti CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via Facsimile and United States First Class Mail, postage prepaid as follows: Via First Class Mail and Facsimile (7171234-1925 Dennis Boyle, Esq. 200 North Third Street P.O. Box 840 Harrisburg, PA 17108-0840 Via First Class Mail and Facsimile (7171237-5300 Steven J. Weingarten, Esq. McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Via First Class Mail and Facsimile (7171533-2705 Steven A. Stine, Esq. James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, PA 17033-0650 REAGER & ADLER, PC /~ /ry ~' Dated: G~~%o`~J l // ~-~~ ~ ~° ~ ~ ~ ~/ Charles E. Zaleski, Esq. ,.~~~