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Home My WebLink About01-05228CRAIG M. MASCHMEYER : IN THE COURT OP COMMON PLEAS 1919 Esther Drive CUMBERLANI) COUNTY, PENNSYLVANIA Carlisle, PA 17013 Plaintiff, vs. NO. dl - Sa,~k! ~GU~, l~-~ MARLIN L. HIPPENSTEEL, JR. 131 North West Street :CIVIL ACTION -LAW Carlisle, PA 17013 Defendant. :JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons against the Defendant in the above-captioned action. 1 Writ of Summons shall be issued and forwazded to the Sheriff. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 2~8-ll LD. No. 83030 WRIT OF SUMMONS TO: MARLIN L. HIPPENSTEEL, J~ YOU ARE NOTIFIED THAT CRAIG M. MASCHMEYER HAS COMMENCED AN ACTION AGAINST YOU. Date: ~ By: Prothonotary ~,~~~~~ s~"aWw.:.:~~'~g,¢ ~~;~ `-""o".rn°'rt~m`Ft9~ri~.;sS~t .TwLr.'e~ul4HSfb'Stl36B~dN UC'L .u1..d» ..,..~..rw: N ~ ~' '4 f_ I ~nf Y.>r $~ I ~ ~ ~. ~ ~• ~ ~ <J - - ~-: V ~ (, P IY'~ ~ - c ~r, _ ~J ~1 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05228 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MASCHMEYER CRAIG M VS PPENSTEEL MARLIN L JR 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 HIPPENSTEEL MARLIN L JR the DEFENDANT at 1522:00 HOURS, on the 19th day of September, 2001 at 131 NORTH WEST ST CARLISLE, PA 17013 by handing to PATRICIA HIPPENSTEEL, MOTHER 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 3.25 .00 10.00 R. Thomas Kline nn J 1 L J 09/20/2001 TOMASKO Sworn and Subscribed to before By: me this 2ry~ day of Prothonotary " w Craig Maschmeyer, Plaintiff v. Marlin Hippensteel, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 01-5228 CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Marlin Hippensteel, Jr. in the above-captioned action. Respectfully submitted, McKissock & Hoffman. P.C. B. Craig k, Esquire Attorne . No. 36818 Craig S. Brooks, Esquire Attorney I.D. No. 62366 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717)540-3400 Date: IU~I"1 DUI l J , CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brian McCall, Esquire 219 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) BY: McKissock & Hoffnaaa,P.C. Suite 302 Harrisburg, PA 17110 (717)540-3400 B. Craig lack, Esquire Supre Court I.D. No. 6818 Craig .Brooks, Esqu' Supreme Court I. o. 62366 2040 Lingle n Road Attorneys for Defendant, Marlin Hippensteel, Jr. Date: lb 'l OI 6 ~ ~` F~ i - 4 ~ ~ ti ' - ~+ - r. ~ ~, ~ G~i ~ ti -..'- -7i - ~' L ' '~,J )- ~ ~ u Craig Maschmeyer, Plaintiff v. Marlin Hippensteel, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 01-5228 CIVIL ACTION -LAW PRAECIPE FOR RULE TO FILE A COMPLAINT Please issue a Rule directed to Plaintiff to file a Complaint in the above-captioned matter within twenty (20) days or sufferjudgment Non Pros. Respectfully submitted, By: L~~ i~~ ~^' Craig Brooks, Esquire RULE AND NOW, this ~, day of ~-d_, 2001, upon consideration of Defendant's Praecipe For Rule To File A Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this a~ day of ~ , 2001. ~~ Curt Long, Plot notary /,~ b A-._ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe for Rule to File aComplaint/Rule upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brian McCall, Esquire 219 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) McKissock & Hoffman, P.C. B. Crai ack, Esquire Supre Court I.D. No. 36818 Craig S. Brooks, Esquire Supreme Court I.D. No. 62366 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717)540-3400 Attorneys for Defendant, Marlin Hippensteel, Jr. Date: o b ~ ~ ~7 ~_~ ,. -' =~ -O Ct~; C=~ r~} r z F U; r -?r=r .. . ~ _ r ~ S. , . Y , ~ 1> ~- T ~ ~y .... , -G ~~ ~~ Craig Maschmeyer, Plaintiff v. Marlin Hippensteel, Jr., Defendant IN THE-COURT OF COMMON' PLEAS OF CUMBERLAND COUNTY Docket No.: 01-5228 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Rule upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brian McCall, Esquire 219 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) McKissock & Hoffman, P.C. BY: B. ac c, squire Supre Court LD. No 2040 Linglestown Roac Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Marlin Hippensteel, Jr. 8 Date: ~- ~ C ~ c_, . ~..i F_._. _~ G ` t ~ M f-J C ~ ~. ~, M-- ~ J 7 i , ....5 -- ~~ CRAIG M. MASCHMEYER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. MARLIN L. HIPPENSTEEL, JR., Defendant. NO.Ol-5228 CIVIL ACTION -LAW .NRY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days a$er this Complaint and Notice are served, by entering a written appeazance personally or by defenses or objections to the claims set forth against you. You aze 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 THLS PAPER TO YOUR LAWYER AT ONCE. H+ 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 L'berty Avenue Carlisle, Pennsylvania (717) 249-3166 CRAIG M. MASCHMEYER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO.:Ol-5228 MARLIN L. HIPPENSTEEL, JR., :CIVIL ACTION -LAW Defendant. :JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiff, Craig M. Maschmeyer, by and through his attorneys, TOMASKO & KORANDA, P.C., and files the following Complaint against Defendant, Marlin L. Hippensteel, averring: Parties 1. Plaintiff, Craig M. Maschmeyer, is an adult individual currently residing at 1919 Esther Drive, Cazlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Mazlin L. Hippensteel, is an adult individual currently residing at 131 North West Street, Cazlisle, Cumberland County, Pennsylvania, 17013. Venue and Jurisdiction 3. Venue is proper in this judicial district pursuant to Pa. RC.P. 1006. 4. The monetary damages claimed by Plaintiffs in the instant action exceed the jurisdictional limit for compulsory arbitration pursuant to the Local Rules of this Court. Factual Backeround 5. On September 17, 1999, at approximately 0227 hours, Plaintiff was the rear seat passenger in a vehicle owned and operated by Jennifer Maschmeyer. Jermifer Maschmeyer was operating the motor vehicle in an eastbound direction on West South Street, near its intersection with South Hanover Street, in Carlisle, Cumberland County, Pennsylvania. 6. On the above date and time, Defendant was operating a motor vehicle in a southbound direction on South Hanover Street, neaz its intersection with West South Street, in Carlisle, Cumberland County, Pennsylvania. 7. The aforementioned intersection is regulated by traffic control signals exhibiting different colored lights for each direction of travel. 8. As the Maschmeyer vehicle was proceeding through the aforementioned intersection with the green light, the motor vehicle was suddenly and unexpectedly struck on the left front driver's side by the motor vehicle operated by Defendant, who had run a red light. Count I: Negligence The aforementioned collision occurred solely as the result of the negligence, recklessness and carelessness of Defendant, and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff or Jennifer Maschmeyer. 10. The aforementioned negligence, recklessness and caeelessness of Defendant consisted of the following: (a) Operating a motor vehicle in willful and wanton disregard for the safety of persons and property of others in violation of 75 Pa. C.S.A. § 3736(a); (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. § 3736(a); (c) Operating a motor vehicle without regard to traffic control signals in violation of 75 Pa. C.S.A. § 3111(a); (d) Operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. § 3361; -2- (e) Failing to stop at a steady red light in violation of 75 Pa. C.S.A. § 3112(a)(3)(i); (f) Failing to keep a proper lookout for motor vehicles before crossing an intersection; and (g) Failing to operate a motor vehicle in such a mamier as to avoid causing a collision. 11. As a direct and proximate result ofthe negligence, carelessness and recklessness of Defendant, Plaintiff suffered severe low back sprain/strain with chronic pain and limitations, which maybe permanent. 12. As a direct and proximate result of the negligence, cazelessness and recklessness of Defendant, Plaintiffhas required medical treatment and has incurred expenses in connection therewith for medicines, medical caze, hospitalization, physical therapy, and other medical services for which a claim is hereby made. 13. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, Plaintiff has suffered in the past and may in the future continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment, disfigurement and deformities for which a claim is hereby made. 14. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, Plaintiff has in the past been and may in the fixture be disabled from performing his usual duties, occupations, and avocations with a consequent loss of earnings, earning power and earning potential for which a claim is hereby made. VJIIEREFOIZE, Plaintiff Craig M. Maschmeyer, demands damages of Defendar, Marlin -3- L. Hippensteel, Jr., in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 -4- Telephone: (717) 238-1100 VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to the penahies contained in 18 PaC.S.A. §4904, relating to unsworn falsification to authorities. G M. C R Dated: ~ z (z ~~1 CERTIFICATE OF SERVICE AND NOW, this ~~~ of December, 2001, I, Brian A. McCall, Esquire, attorney for the Plaintiff, hereby certify that I served the within COMPLAINT this day by: United States Mail, first class, postage prepaid, addressed to: B. Craig Black, Esquire McKISSOCK & HOFFMAN, P.C. 2040 Linglestown Road Harrisburg, PA 17110 Attorney for Defendant 0 _ ( ~ ~ w ` , ~~ =~ ~ ~ ~ ~, _ ±- ~ , ~ _ Y~ _ ~~ ~ ~ -r~~ ` r>' O e Craig Maschmeyer, Plaintiff v. Marlin Hippensteel, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 01-5228 CIVIL ACTION -LAW NOTICE TO PLEAD To: Craig Maschmeyer c/o Brian McCall, Esquire 219 State Street Harrisburg, PA 17101 You are hereby notified to plead to the enclosed Answer and New Matter pursuant to Pa.R.C.P. 1030 within 20 days from service hereof or a default judgment may be entered against you. AND NOW comes Defendant, Marlin L. Hippensteel, Jr., by and through his attorneys, McKissock & Hoffman, P.C., and files the following Answer and New Matter to Plaintiff's Complaint wherein the following is a statement: 1. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 1 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 2. Admitted. 3. The averments in Paragraph 3 of Plaintiff's Complaint constitute a conclusion of law to which no responsive pleading is required. 4. The averments in Paragraph 4 of Plaintiffs Complaint constitute a legal conclusion to which no responsive pleading is required. To the extent that the averments in Paragraph 4 of Plaintiff's Complaint are factual in nature, do not constitute conclusions of law same or denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 4 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 5. Admitted in part, denied in part. It is admitted on September 17, 1999 at approximately 2:27 hours, Jennifer Maschmeyer was operating a 1996 Chrysler Sierras automobile in an eastbound direction on West South Street at or near its intersection with South Hanover Street in Carlisle, Cumberland County, Pennsylvania. The remaining averments contained in Paragraph 5 of Plaintiffs Complaint are denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the remaining averments contained in Paragraph 5 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 6. Admitted. 7. Admitted. 8. Denied. The averments of Paragraph 8 of Plaintiff's Complaint are denied. To the contrary, the motor vehicle operated by Jennifer Maschmeyer suddenly and unexpectedly struck the vehicle operated by Defendant on the left (passenger side) rear of Defendant's vehicle. The remaining averments in Paragraph 8 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. Strict proof, if relevant, is demanded upon the trial of the matter. 9. Denied. The averments contained in Paragraph 9 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments constitute factual averments are not conclusions of law, same are denied. It is specifically denied that the collision which ensued between the two vehicles was not due to the negligence, recklessness or carelessness of Jennifer Maschmeyer. Strict proof, if relevant, is demanded upon the trial of the matter. 10. The averments in Paragraph 10 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments do not constitute conclusions of law are fact specific, same are denied in accordance with Pa.R.C.P. 1029(e). Strict proof, if relevant, is demanded upon the trial of the matter. 11 - 14. The averments in Paragraphs 11 through 14 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are fact specific and do not constitute conclusions of law, same are specifically denied. Strict proof, if relevant, is demanded upon the trial of the matter. WHEREFORE, Defendant, Marlin L. Hippensteel, Jr., respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice, award him the costs of this action and such further relief as this Honorable Court deems appropriate. NEW MATTER 15. Paragraphs 1 through 14 of Defendant's Answer and New Matter are incorporated herein, as if set forth at length. 16. To the extent that facts developed during the course of discovery may implicate, Plaintiffs claims are barred, in whole or in part, by the provisions of Pennsylvania Motor Vehicle Responsibility Law. 17. To the extent that facts developed during the course of discovery may implicate, Plaintiffs injuries and losses, if any, were caused by persons or events outside the control of the Defendant. 18. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred by the doctrine of laches and unclean hands from the relief requested. 19. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 P.C.S.A. § 4102. 20. To the extent that facts developed during the course of discovery may implicate, Plaintiff, Craig Maschmeyer, was contributorily negligent and/or assumed the risk of injury. 21. To the extent that facts developed during the course of discovery may implicate, the negligent acts and/or omissions of other individuals or entities constitutes an intervening or superseding cause of the injuries alleged to have been sustained by the Plaintiff. 22. To the extent that facts developed during the course of discovery may implicate, PlaintifFs alleged injuries were caused by the acts and/or omissions of a person or persons other than Defendant. 23. To the extent that facts developed during the course of discovery may implicate, Plaintiff may have already entered into a Release with other individuals or entities which has the effect of discharging any liability of the Defendant. 24. Plaintiffs injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiff is therefore barred from any recover of non-economic losses. WHEREFORE, Defendant, Marlin L. Hippensteel, Jr., respectfully request this Honorable Court to enter a judgment in their favor and against the Plaintiff, Craig Maschmeyer, and dismiss Plaintiffs Complaint with prejudice and further award Defendant all such other relief as is just and proper. Respectfully submitted: McKissock & Hoffman, By:~ n c../ B. Craig ck, Esquir Attorne . #36818 Edwin A. D. Schwartz, Esquire Attorney I.D. #75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17101 (717)540-3400 Date: I a ~ ~ I- o I Attorneys for Defendant, Marlin L. Hippensteel, Jr. VERIFICATION I, Marlin L. Hippensteel, Jr., hereby verifies that the statements in Defendant, Marlin L. Hippensteel, Jr.'s Answers and New Matter to Plaintiffs Complaint are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Marlin L. Hippen eel, Jr. t9ated: h l~G l~f CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer and New Matter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brian McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) McKissock & Hoffman, P.C. BY: ~ B. Crai ack, Esquire Attorn .D. #36818 Edwin .D. Schwartz, Esquire Attorney I.D. #75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Marlin L. Hippensteel, Jr. Date: ~ a- 3 s- O r> - ~... c_ , ~~-„ ~ ~' - I _ ~~ - (Vr ~: PV - ii ~, _ _~' _ ^ ~c N -;m L_ ~ ~t1 i '4 (' ..~ CRAIG M. MASCHMEYER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. MARLIN L. HIPPENSTEEL, JR, Defendant. NO. 01-5228 CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiff Craig M. Maschmeyer, by and through his attorneys, Tomasko &c Koranda, P.C., and files Plaintiff s Reply to Defendant's New Matter as follows: 1-15. The allegations contained in Paragraph Nos. 1-14 of the Complaint aze incorporated herein by reference as if fully set forth at length. 16. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a father answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). 17. Denied. The allegations of this pazagraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same aze denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of fiirther answer, see Pazagraphs 9 and 10 of PlaintiR s Complaint. 18. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this pazagraph are specifically denied pursuant to Pa. RC.P. 1029(e). 19. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, see Pazagraphs 9 and 10 of Plaintiff s Complaint. 20. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, see Pazagraphs 9 and 10 of Plaintiff's Complaint. 21. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this pazagraph are specifically denied pursuant to Pa. RC.P. 1029(e). By way of further answer, see Paragraphs 9 and 10 of Plaintiff s Complaint. 22. Denied. The allegations of this pazagraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. RC.P. 1029(e). By way of further answer, see Paragraphs 9 and 10 of Plaintiffs Complaint. 23. Decried. The allegations of this paragraph constitute conclusions of law to which -2- no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this pazagraph are specifically denied pursuant to Pa. RC.P. 1029(e). By way of further answer, see Paragraphs 9 and 10 of Plaintiffs Complaint. 24. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this paragraph aze specifically denied pursuant to Pa. RC.P. 1029(e). WHEREFORE, Plaintiff, Craig M. Maschmeyer, demands judgment against and damages of the Defendant, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, together with all costs of suit and delay damages inclusive thereof, and any and all other relief ordered by this Court. By: Date: ~ ~ ~~ Respectfully submitted, TOMASKO & KORANDA, 219 State Street Harrisburg, PA 17101 (717) 238-11p~ A. Mc~AL~ r LD. #83030 Attorneys for Plaintiff -3- VERIFICATION I hereby verify that the information as set forth in the foregoing Plaintiff's Reply to Defendant's New Matter is true and correct to the best of my lmowledge, information and belief. Moreover, Defendant's New Matter contains no averments of fact such that verification by a parry is not required under Rule 1024. I understand that false statements contained herein are made subject to penalties of 18 Pa.C.S.A. §4904 relating to unswom DATED: ~ for Plaintiffs CRAIG M. MASCHMEYER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. MARLIN L. HIPPENSTEEL, JR., Defendant. NO. 01-5228 CIVIL ACTION -LAW NRY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Brian A. McCall, Esquire, hereby certify that I am this day serving the foregoing Plaintiff's Reply to Defendants' New Matter upon the person and in the manner indicated below: Service by first class mail addressed as follows: B. Craig Black, Esquire McKISSOCK & HOFFMAN, P.C. 2040 Linglestown Road Harrisburg, PA 17110 Attorneys for Defendant TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 (717) 238-11, . Date:l ~ 62 I.D. #83030 Attorneys for Plaintiff r. c ~ :> ~, c_ r ~'T ~~ r.. ~_ T'. :R ~.. 4=~ - ~~ ~ r: C? i! C.~ ~ C~~ ~ - - r~ ' L _ J ~l ~_J f r -~ •~! _L 2? ~ Craig Maschmeyer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. Marlin Hippensteel, Jr., Defendant Docket No.: 01-5228 v. Jennifer Maschmeyer, Additional Defendant CIVIL ACTION -LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend 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 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 THAT 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 CNA GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717)249-3166 ~ Y1 ~ Craig Maschmeyer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. Marlin Hippensteel, Jr., Defendant Docket No.: 01-5228 v. Jennifer Maschmeyer, Additional Defendant CIVIL ACTION -LAW Defendant, Marlin L. Hippensteel, by and through his attorneys, McKissock & Hoffman, P.C., file this Complaint against Additional Defendant, Jennifer Maschmeyer, wherein the following is a statement: 1. Additional Defendant, Jennifer Maschmeyer, is an adult individual who currently resides at 1919 Esther Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. On or about December 12, 2001, Plaintiff, Craig Maschmeyer, filed a Complaint against Defendant, Marlin L. Hippensteel, a copy of which is attached hereto as Exhibit "A". ~t r 3. On or about January 2, 2002, Defendant filed his Answer and New Matter to Plaintiff's Complaint, a copy of which is attached hereto as Exhibit "B". 4. Plaintiff, Craig Maschmeyer, alleges that he suffered injuries and damages due to an automobile accident which occurred on September 17, 1999, on South Street in Carlisle Borough, Cumberland County, Pennsylvania. 5. Plaintiff, Craig Maschmeyer, alleges that the accident occurred as a result of the negligence of Defendant, Marlin L. Hippensteel, in the operation of his vehicle on the aforesaid date and time. 6. Defendant, Marlin L. Hippensteel, denies that the subject automobile accident was due to the negligence of Defendant. 7. Defendant, Marlin L. Hippensteel, alleges that the accident was caused by the negligence, carelessness and fault of Additional Defendant, Jennifer Maschmeyer, in the operation of the vehicle which she controlled and in which Plaintiff, Craig Maschmeyer, was a passenger. 8. Additional Defendant, Jennifer Maschmeyer's, negligence included the following, inter alis.... (a) Operating a motor vehicle in willful and wanton disregard and property of others in violation of 75 Pa. C.S.A. § 3736(a); j< ~ (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. § 3736(a); (c) Operating a motor vehicle without regard to traffic control signals in violation of 75 Pa. C.S.A. § 3111(a); (d) Operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. § 3361; (e) Failing to stop at a steady red fight in violation of 75 Pa. C.S.A. § 3112(a)(3)(i); (f) Failing to keep a proper lookout for motor vehicles before entering an intersection; and (g) Failing to operate a motor vehicle in such a manner as to avoid causing a collision. 9. 1f Plaintiff sustained any injuries and/or damages as a result of the accident, which injuries and damages are specifically denied, the injuries and/or damages are the result of the carelessness, recklessness and negligence of Additional Defendant, Jennifer Maschmeyer. 10. If Plaintiff sustained any injuries or damages as a result of said accident, said injuries and damages being specifically denied, Additional Defendant, Jennifer Maschmeyer, is solely, jointly and/or severly liable to Plaintiff or liable over to Defendant on the causes actions declared upon by the Plaintiff. ~f f WHEREFORE, Defendant, Marlin L. Hippensteel, respectfully requests that this Honorable Court find Additional Defendant, Jennifer Maschmeyer, solely liable to the Plaintiff, jointly and/or separately liable to the Plaintiff, or liable to the Defendant for contribution indemnity, and any and all liability of Defendant is specifically denied. Respectfully submitted: By: McKissock & Hoffman, P.C. B. Cra}f ~I`ack, Esquir "'' Attor a D. No. Edwin A.D. Schwartz, Esquire Attorney I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717)540-3400 Date: 13 d Attorneys for Defendant, Marlin L. Hippensteel, Jr. VERIFICATION I, Marlin L. Hippensteel, Jr., hereby verifies that the statements in Defendant, Marlin L. Hippensteel, Jr.'s Joinder Complaint Against Additional Defendant, Jennifer Maschmeyer, are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Marlin L. ipp nsteel, Jr. Dated: fa~~J(olol r Exhibit "A" CRAIG M. MASCHMEYER, Plaintiily IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-5228 CML ACTION -LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend the claims set forth in the v. MARLIN L. HIPPENSTEEL, JR, Defendant. 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 defenses or objections to the claims set forth against you. You are warned that ifyou fail to do so the case may proceed without you and a judgment may be e~ered 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 properly 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, Pennsylvania (717) 249-3166 CRAIG M. MASCHMEYER, Plaintiff, v. MARLIN L. HIPPENSTEEL, JR., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.:Ol-5228 CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiff Craig M. Maschmeyer, by and through his attorneys, TOMASKO & KORANDA,1'.C., and files the following Complaint against Defendant, Mazlin L. Hippensteel, averring: Parties 1. Plainti$ Craig M. Maschmeyer, is an aduh individual currently residing at 1919 Esther Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Mazlin L. Hippensteel, is an adult individual currently residing at 131 North West Street, Carlisle, Cumberland County, Pennsylvania, 17013. Venue and Jurisdiction ,> 3. Venue is proper in this judicial district pursuant to Pa. R.C.P. 1006. 4. The monetary damages claimed by Plaintigs in the instant action exceed the jurisdictional limit for compulsory azbitration pursuant to the Local Rules of this Court. Factual Backeround 5. On September 17, 1999, at approximately 0227 hours, Plaintiffwas the reaz seat passenger in a vehicle owned and operated by Jennifer Maschmeyer. Jennifer Maschmeyer was operating the motor vehicle in an eastbound d'uection on West South Street, near its intersection with South Hanover Street, in,Cazlisle, Cumberland County, Pennsylvania. 6. On the above date and time, Defendant was operating a motor vehicle in a southbound direction on South Hanover Street, near its intersection with West South Street, in Cazlisle, Cumberland County, Pennsylvania. 7. The aforementioned intersection is regulated by traffic control signals exhibiting different colored lights for each direction of travel. 8. As the Maschmeyer vehicle was proceeding through the aforementioned intersection with the green light, the motor vehicle was suddenly and unexpectedly struck on the left front driver's side by the motor vehicle operated by Defendant, who had run a red light. Count I• Negligence 9. The aforementioned collision occurred solely as the resuh of the negligence, recklessness and carelessness of Defendant, and was due in no manner whatsoever to auy act or failure to act on the part of Plaurtiff or Jennifer Maschmeyer. 10. The aforementioned negligence, recklessness and cazelessness of Defendant consisted of the following: (a) Operating a motor vehicle in willful and wanton disregard for the safety of ~° persons and property of others in violation of 75 Pa. C.S.A. § 3736(a); (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. § 3736(a); (c) Operating a motor vehicle without regazd to traffic control signals in violation of 75 Pa. C.S.A. § 3111(a); (d) Operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. § 3361; -2- (e) Failing to stop at a steady red light in violation of 75 Pa. C.S.A. § 3112(a)(3)(i); (fj Failing to keep a proper lookout for motor vehicles before crossing an intersection; and (g) Failing to operate a motor vehicle in such a manner as to avoid causing a collision. 11. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Plaintiff suffered severe low back sprain/strain with chronic pain and limitations, which may be permanent. 12. As a direct and proximate resuh of the negligence, carelessness and recklessness of Defendant, Plaintiff has required medical treatment and has incurred expenses in connection therewith for medicines, medical care, hospitalization, physical therapy, and other medical services for which a claim is hereby made. 13. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, Plaintiff has suffered in the past and may in the future continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment, disfigurement and deformities for which a claim is hereby made. 14. As a direct and proximate resuh of the negligence, recklessness and carelessness of the Defendant, Plaintiff has in the past been and may in the future be disabled from performing his usual duties, occupations, and avocations with a consequent loss of earnings, earning power and earning potential for which a claim is hereby made. WfIEREFOI2E, Plaintiff, Craig M. Maschmeyer, demands damages of Defendant, Marlin -3- L. l-Iippensteel, Jr., in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Respectfully submitted, TOMASKA & KORANDA, P.C. -4- 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 VERIFICATION I hereby verify that the statements of fact made in the foregoing document aze true and correct to the best of my knowledge, information, and belief. I understand-that any false statemerns therein are subject to the penalties contained in 18 PaC.S.A, §4904, relating to unswora falsification to authorities. Dated: ~ `~ ~ : I°1 G M. 'C R CERTII~'ICATE OF SERVICE AND NOW, this #~ ~' of December, 2001, I, Brian A. McCall, Esquire, attorney for the Plaintiff, hereby certify that I served the within COMPLAINT this day by: United States Mail, first class, postage prepaid, addressed to: B. Craig Black, Esquire McKISSOCK & HOFFMAN, P.C. 2040 Linglestown Road Harrisburg, PA 17110 Attorney for Defendant Exhibit "B" Craig Maschmeyer, Plaintiff . v. Marlin Hippensteel, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 01-5228 CIVIL ACTION -LAW NOTICE TO PLEAD To: Craig Maschmeyer c/o Brian McCall, Esquire 219 State Street Harrisburg, PA 17'101 e~ ~ ~; ~_ ~~') i3 ~T z~ , _,~r , ~ , ' `. ~, , r, >,-, ~~~~ -~ ~. z c: _~> Q ~~ F= r5 '~ ~ <~ You are hereby notified to plead to the enclosed Answer and New Matter pursuant to Pa.R.C.P. 1030 within 20 days from service hereof or a default judgment may be entered against you. AND NOW comes Defendant, Marlin L. Hippensteel, Jr., by and through his attorneys, McKissock & Hoffman, P.C., and files the following Answer and New Matter ,. ~. to Plaintiff's Complaint wherein the following is a statement: 1. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 1 of Plaintiffs Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 2. Admitted. L 3. The averments in Paragraph 3 of Plaintiffs Complaint constitute a conclusion of law to which no responsive pleading is required. 4. "The averments in Paragraph 4'of,Plaintiffs Complaint constitute a legal conclusion to which no responsive pleading is required. To the extent that the averments in Paragraph 4 of Plaintiffs Complaint are factual in nature, do not constitute conclusions of law same or denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 4 of Plaintiffs Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 5. Admitted in part, denied in part. It is admitted on September 17, 1999 at approximately 2:27 hours, Jennifer Maschmeyer was operating a 1996 Chrysler Sierras automobile in an eastbound direction on West South Street at or near its intersection with South Hanover Street in Carlisle, Cumberl"and County, Pennsylvania. The ,< remaining averments contained in Paragraph 5 of Plaintiffs Complaint are denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the remaining averments contained in Paragraph 5 of Plaintiffs Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 6. Admitted. 7. Admitted. 8. Denied. The averments of Paragraph 8 of Plaintiffs Complaint are denied. To the contrary, the motor vehicle operated by Jennifer Maschmeyer suddenly and unexpectedly struck the vehicle operated by Defendant on the left (passenger side) rear of Defendant's vehicle. The remaining averments in Paragraph S of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. Strict proof, if relevant, is demanded upon the trial of the matter. 9. Denied. The averments contained in Paragraph 9 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments constitute factual averments are not conclusions of law, same are denied. It is specifically denied that the collision which ensued between the two vehicles was not due to the negligence, recklessness or carelessness of Jennifer Maschmeyer. Strict proof, if relevant, is demanded upon the trial of the matter. 10. The averments in Paragraph 10 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is requiretl. To the extent that said averments do not constitute conclusions of law are fact specific, same are denied in accordance with Pa.R.C.P. 1029(e). Strict proof, if relevant, is demanded upon the trial of the matter. 11 -14. The averments in Paragraphs 11 through 14 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are fact specific and do not constitute conclusions of law, same are specifically denied. Strict proof, if relevant, is demanded upon the trial of the matter. WHEREFORE, Defendant, Marlin L. Hippensteel, Jr., respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice, award him the costs of this action and such further relief as this Honorable Court deems appropriate. NEW MATTER 15. Paragraphs 1 through 14 of Defendant's Answer and New Matter are incorporated herein, as if set forth at length. 16. To the extent that facts developed during the course of discovery may implicate, Plaintiffs claims are barred, in whole or in part, by the provisions of Pennsylvania Motor Vehicle Responsibility Law. 17. To the extent that facts developed during the course of discovery may implicate, Plaintiffs injuries and losses, if any, were caused by persons or events outside the control of the Defendant. i ~ ~ 18. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred by the doctrine of lathes and unclean hands from the relief requested. 19. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 P.C.S.A. § 4102. 20. To the extent that facts developed during the course of discovery may implicate, Plaintiff, Craig Maschmeyer, was contributorily negligent and/or assumed the risk of injury. 21. To the extent that facts developed during the course of discovery may implicate, the negligent. acts and/or omissions of other individuals or entities constitutes an intervening or superseding cause of the injuries~alleged to have been sustained by the Plaintiff. ,~ 22. To the extent that facts developed during the course of discovery may implicate, Plaintiffs alleged injuries were caused by the acts and/or omissions of a person or persons other than Defendant. r r , 23. To the extent that facts developed during the course of discovery may implicate, Plaintiff may have already entered into a Release with other individuals or entities which has the effect of discharging any liability of the Defendant. 24. Plaintiffs injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiff is therefore barred from any recover of'non-economic losses. WHEREFORE, Defendant, Marlin L. Hippensteel, Jr., respectfully request this Honorable Court to enter a judgment in their favor and against the Plaintiff, Craig Maschmeyer, and dismiss Plaintiffs Complaint with prejudice and further award Defendant all such other relief as is just and proper. Respecttulljr submitted: ,,. McKissock & Hoffman, By: ,- ~ B. Craig ck, Esquir Attorne .#36818 Edwin A. D. Schwartz, Esquire Attorney I.D. #75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17101 (717)540-3400 Date: I a - 31- e I Attorneys for Defendant, Marlin L. Hippensteel, Jr. t ~ ~ ~ C VERIFICATION I, Marlin L. Hippensteel, Jr., hereby verifies that the statements in Defendant, Marlin L'. Hippensteel, Jr.'s Answers and New Matter to Plaintiffs Complaint are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unswom falsification to authorities. //YLe+~"" cF .~uZ~an~la~.-~ 1e Marlin L. Hippen eel, Jr. Dated: 1~ /~~ la( ,. T :. r ~ ~ • ~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer and New Metter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage .prepaid, addressed as follows: Brian McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) McKissock & Hoffman, P.C. BY: ~ ~/ B. Crai ack, Esquire Attorn .D.#36818 Edwin .D. Schwartz, Esquire Attorney I.D_ #75902 2040 Linglestown Road Suite 302 -~ ~' Harrisburg, PA 17110 (717)540-3400 Attorneys for Defendant, Marlin L. Hippensteel, Jr. Dater o~ - 31- o ~ ,r ~ N s < ~ ~ ~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Joinder Complaint Against Additional Defendant, Jennifer Maschmeyer, upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brian McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) McKissock & Hoffman, P.C. BY: B. Crai ack, Esqu Attor y .D. #36818 Attorney I.D. #75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717)540-3400 Attorneys for Defendant, Marlin L. Hippensteel, Jr. Date: ~ ~ d~ y. _~.... ...,. ...... ,,. .. ' SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2001-05228 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MASCHMEYER CRAIG M VS. HIPPENSTEEL MARLIN L JR Thomas Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named ADD'TL'~EFEND ,MASCHMEYER JENNIFER by United States Certified Mail postage prepaid, on the 10th day of January ,2002 at 0000:00 HOURS, at 3920 PRESERVED HILTON HEAD, SC 27928 and attested copy of the attached WRIT OF SUMMONS with a true Together receipt card was signed by RETURNED "UNCLAIMED" 00/00/0000 . Additional Comments: Sheriff's Costs: Docketing 18.00 Cert Mail 4.86 Mileage 3.45 Surcharge 10.00 .00 36.31 Paid by MCKISSOCK & HOFFMAN Sworn and subscri ed to before me thisday of DT n The returned on So answ s: i~~~~--. c Thomas Kline Sheriff of Cumberland County on 02/12/2002 ~~ 1 YIYrM~iY~YYYYwlI ._ _ _ ;~3=aagRi~~ -0~k~ ~2Z ~ N ~ O a ~S" ao t2"1 a x N O C 0' N ~~~~ ..L ~r•~, .Y5 .rte ~ r m ~, aa- r .._.~. 4 \~ "- SAL J~ ~~''''~`~ ..111..Y0~ H N ~ ~~ ro sa ~ w ~ C f"~ ~ $ M x `~ I y0~£~a T ~2 m ~'dzc E ¢~4"O ~ x' o+• ro b . 3 ro Z) m 1dnA~ .~ a° I ' ~ Q C ~ ~ "~ ". ~ = N T y"'"i1~ U ~ o c LL ~ L C ~:~' ~'~- a i ~ o Z Y ~ T J a O O U ".+=ec,::. f*Yia`c~f s4is'-`x.>, ,.nz~'~:..5~'_'-~W'.:r ~~`. -~~t.~.~'~5%~r~ki§s1YY.~;~~ 3`~'~':~A~`::LYU'a~.~.~` _., ~,:, item 4 if Restrict~pp. Delivery is desiredr ^ Print your name ahd address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed [o: Jennifer MascYmeper 3920 Preserve @ Indigo Run Hilton Head, SC 27928 2. Article Number A: C. Signature B. X ~ ng~rn ^A D. Is delivery address dttferen[ firm ttem 11 ^ Ye8 If YES; enter delivery address below: ^ Na L 3. Service Type iCertlfled Mail ^ Express Mail D Registered ^ Retum Receipt for Mercheriraae ~ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Eztre Fee) ~ y~ P3 FsFm 3811, March 2001 'Domestid Return Receipt ti Craig Maschmeyer, Plaintiff v. Marlin Nippensteel, Jr., Defendant Jennifer Maschm_ eyer, Additional Defendant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 01-5228 CIVIL ACTION -LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend 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 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 thecPlaintiff. You may lose money or property or other rights important to you. YOU SHOULD THAT 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 CNA GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717)249-3166 ~~~ ~~ F~~A A~~fl ii: ~iasry ~rrarersff, I basr~ ante s~ ,mX I~aaid il~d ttt~ ~f sa'~Jt~~Y ~t %ariisle, Pa. This. ° day o`,~~, Q~C~ / atttonotarY ','`'1U~- _, , CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Joinder Complaicit Against Additional Defendant, Jennifer Maschmeyer, upon the person(s) and in the manner indicated below, which service .satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brian McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) McKissock & Hoffman, P.C. BY: B. D. #36818 Attorney I.D. #75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Marlin L. Hippensteel, Jr. Date: ~ 3. Oa i ~ yr Craig Maschmeyer, Piaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. Marlin Hippensteel; Jr.; Defendant Docket No.: 01-5228 v. Jennifer Maschmeyer, Additional Defendant CIVIL ACTION -LAW Defendant, Marlin L. Hippensteel, by and through his attorneys, McKissock & Hoffman, P.C., file this Complaint against Additional Defendant, Jennifer Maschmeyer, wherein the following is a statement: 1. Additional Defendant, Jennifer Maschmeyer, is an adult individual who currently resides at 1919 Esther Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. On or about December 12, 2001, Plaintiff, Craig Maschmeyer, filed a Complaint against Defendant, Marlin L. Hippensteel, a copy of which is attached hereto as Exhibit "A". ~ 1 3. On or about January 2, 2002, Defendant filed his Answer and New Matter to Plaintiffs Complaint, a copy of which is attached hereto as Exhibit "B". 4. `Plaintiff; Craig Maschmeyer, alleZJes that he suffered injuries and damages due to an automobile accident which occurred on September 17, 1999, on South Street in Carlisle Borough, Cumberland County, Pennsylvania. 5. Plaintiff, Craig Maschmeyer, alleges that the accident occurred as a result of the negligence of Defendant, Marlin L. Hippensteel, in the operation of his vehicle on the aforesaid date and time. 6. Defendant, Marlin L. Hippensteel, denies that the subject automobile accident was due to the negligence of Defendant. 7. Defendant, Marlin L. Hippensteel, alleges that the accident was caused by the negligence, carelessness and fault of Additional Defendant, Jennifer Maschmeyer, in the operation of the vehicle which she controlled and in which Plaintiff, Craig Maschmeyer, was a passenger. 8. Additional Defendant, Jennifer Maschmeyer's, negligence included the following, inter alis.... (a) Operating a motor vehicle in willful and wanton disregard and property of others in violation of 75 Pa. C.S.A. § 3736(a); 1 T (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. § 3736(a); (c) Operating a motor vehicle without regard to traffic control signals in violation of 75 Pa. C.S.A. § 3111(a); (d) Operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. § 3361; (e) Failing to stop at a steady red light in violation of 75 Pa. C.S.A. § 3112(a)(3)(i); (f) Failing to keep a proper lookout for motor vehicles before entering an intersection; and (g) Failing to operate a motor vehicle in such a manner as to avoid causing a collision. 9. If Plaintiff sustained any injuries and/or damages as a result of the accident, which injuries and damages are specifically denied, the injuries and/or damages are the result of the carelessness, recklessness and negligence of Additional Defendant, Jennifer Maschmeyer. 10. If Plaintiff sustained any injuries or damages as a result of said accident, said injuries and damages .being specifically denied, Additional Defendant, Jennifer Maschmeyer, is solely, jointly and/or severly liable to Plaintiff or liable over to Defendant on the causes actions declared upon by the Plaintiff. ,> WHEREFORE, Defendant, Marlin L. Hippensteel, respectfully requests that this Honorable Court find Additional Defendant, Jennifer Maschmeyer, solely liable to the Plaintiff,••jointly and/or separately liable to the Plaintiff, or liable to the Defendant for contribution indemnity, and any and all liability~of Defendant is specifically denied. Respectfully submitted: McKissack & Hoffman, P.C. B. Esqui Edwin A.D. Schwartz, Esquire Attorney I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Date: 1 .3 b _ Attorneys for Defendant, Marlin L. Hippensteel, Jr. VERIFICATION I, Marlin L. Hippensteel, Jr., hereby verifies that the statements in Defendant, Marlin L; H~ppensteel, Jr.'s Joinder Complaint Against Additional Defendant, Jennifer Maschmeyer;=are true and correct to the best of my information, knowledge-and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Marlin L~F ipp nsteel, Jr. Dated: fa/~~K9i Exhibit "A" CRAIG M. MASCHMEYER, IN TILE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA P1ainRif>; v. MARLIN L. HIPPENSTEEL, JR, NO.Ol-5228 CIVIL ACTION -LAW Defendant. JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend 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 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 maybe entered against you by the Court without fiarther notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff You ~y 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 Baz Association 2 Liberty Avenue Cazlisle, Pennsylvania (717) 249-3166 CRAIG M. MASCHMEYER, Plahrti~ v. MARLIN L. HIPPENSTEEL, JR, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-5228 CIVIL ACTION -LAW JURY TRIAL DEMANDED CON~PLAINT NOW COMES Plaintiff; Craig M. Maschmeyer, by and through his attorneys, TOMASKO & KORANDA,1?.C., and files the following Complaint against Defendant, Marlin L. Hippensteel, averring: Parties Plaintiff Craig M. Maschmeyer, is an aduh individual currently residing at 1919 Esther Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Marlin L. Hippensteel, is an adult individual cunemly residing at 131 North West Street, Cazlisld, Cumberland County, Pennsylvania, 17013. Venne and Jurisdiction ,~ 3. Venue is proper in this judicial district pursuant to Pa. R.C.P. 1006. 4. The monetary damages clahned by Plaintiffs in the instant action exceed the jurisdictional limit for wmpulsory arbitration pursuant to the Local Rules of this Court. Factual Background 5. On September 17, 1999, at approximately 0227 hours, Plaintiffwas the reaz seat passenger in a vehicle owned and operated by Jennifer Maschmeyer. Jennifer Maschmeyer was operating the motor vehicle in an eastbound direction on West South Street, near its intersection with South Hanover Street, in.,Cazlisle, Cumberland County, Pennsylvania. 6. On the above date and time, Defendant was operating a motor vehicle in a southbound direction on South Hanover Street, near its intersection with West South Street, in Caz$sle, Curhberland County, Pennsylvania. The aforeme~ioned intersection is regulated by traffic control sigr~Sis exlu'biting different colored lights for each direction of travel 8. As the Maschmeyer vehicle was proceeding through the aforemenfioned intersection with the green light, the motor vehicle was suddenly and unexpectedly struck on the left front driver's side by the motor vehicle operated by Defendant, who had run a red light. Count I• N ence 9. The aforementioned collision occurred solely as the result of the negligence, recklessness and carelessness of Defendant, and was due in no manner whatsoever to auy act or faihue to act on the part of Plaintiff or 3ennifer Maschmeyer. 10. The aforementioned negligence, recklessness and carelessness of Defendant consisted ofthe following: (a) Operating a motor vehicle in willfixl and wanton disregard for the safety of persons and property of others in violation of 75 Pa. C.S.A. § 3736(a); (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. § 3736(a); (c) Operating a motor vehicle without regazd to traffic control signals in violation of 75 Pa. C.S.A. § 3111(a); (d) Operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. § 3361; -2- (e) Failing to stop at a steady red light in violation of 75 Pa. C.S.A. § 3112(a)(3)(i); (f) Failing to keep a proper lookout for motor vehicles before crossing an intersection; and (g) Failing to operate a motor vehicle in such a manner as to avoid causing a collision. 11. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Plaintiff suffered severe low back sprain/strain with chronic pain and limitations, which may be permanent. 12. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Plaintiffhas required medical treatment and has incurred expenses in connection therewith for medicines, medical care, hospitalization, physical therapy, and other medical services for which a claim is hereby made. 13. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, Plaintiff has suffered in the past and may in the future continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment, disfigurement and deformities for which a claim is hereby made. 14. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, Plaintiff has in the past been and may in the future be disabled from performing his usual duties, occupations, and avocations with a consequent loss of earnings, earning power and earning potential for which a claim is hereby made. WHEREFORE, Plaintiff, Craig M. Maschmeyer, demands damages of Defendant, Marlin -3- L. Hippensteel, Jr., in an amount in excess of the amount required fir compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Respectfully submitted, TONIASKQ & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 ,. -4- Telephone: (717) 238-1100 VERIFICATION I hereby verify that the statemerns of fact made is the foregoing document are true and correct to the best of my lmowledge, information, and belief. I understand that a~ false statements therein ai'e subject to the penalties,cQntained in 18 PaC.S.A, §4904, resting to unsworn falsification to authorities. Dated: ~ ~ ~ z I G1 G M. C R ,~ CERTIFICATE OF SERVICE AND NOW, this %0 ~ of December, 2001, I, Brian A. McCall, Esquire, attorney for the Plaintifiq hereby ceitify that I served the within COMPLAINT this day by: United States Mad, first class, postage prepaid, addressed to: B. Craig Black, Esquire McKISSOCK 8t HOFFMAN, P.C. 2040 Linglestown Road Harrisburg, PA 17110 Attorney for Defendant .-~~ By ~ p - a McCAL .------ ~~`. ~. Exhibit "B" S 4 n ~ Craig Maschmeyer, Plaintiff v. Marlin liippensteel, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 01-5228 CIVIL ACTION -LAW ~~ ° s ~.. -acs nirn ~, ~ __-n .- z :~ zb , - v:_~ -< r~ ; , ~ ti_ _ ~~ 3~ C ~~ o F ~= m ~ ~ c~ NOTICE TO PLEAD To: Craig Maschmeyer c/o Brian McCall, Esquire 2t9 State Street Harrisburg, PA 1.7101 You are hereby notified to plead to the enclosed Answer and New Matter pursuant to Pa.R.C.P. 1030 within 20 days from service hereof or a default judgment may be entered against you. AND NOW comes Defendant, Marlin L. Hippensteel, Jr., by and through his attorneys, McKissock & Hoffman, P.C., and files the following Answer and New Matter ,~ to Plaintiffs Complaint wherein the following is a statement:. - " 1. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 1 of Plaintiffs Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 2. Admitted. 3. The averments in Paragraph 3 of Plaintiffs Complaint constitute a conclusion of law to which no responsive pleading is required. 4. The averments in Paragraph 4_of.PlaintifPs Complaint constitute a legal conclusion to which no responsive pleading is required. To the extent that the averments in Paragraph 4 of Plaintiffs Complaint are factual in nature, do not constitute conclusions of law same or denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 4 of Plaintiffs Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 5. Admitted in part, denied in part. It is admitted on September 17, 1999 at approximately 2:27 hours, Jennifer Maschmeyer was operating a 1996 Chrysler Sierras automobile in an eastbound direction on West South Street at or near its intersection with South Hanover Street in Carlisle, Cumberland County, Pennsylvania. The ,. remaining averments contained in Paragraph 5 of Plaintiffs Complaint are denied. After reasonable investigation, Answering Defendant is of insufficient knowledge and information to form a belief as to the truth of the remaining averments contained in Paragraph 5 of Plaintiffs Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 6. Admitted. 7. Admitted. ~ ~ t 8. Denied. The averments of Paragraph 8 of Plaintiffs Complaint are denied. To the contrary, the motor vehicle operated by Jennifer Maschmeyer suddenly and unexpectedly struck the vehicle operated by Defendant on the left (passenger side) rear of Defendant's vehicle. The remaining avel`n-ents in Paragraph$of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. Strict proof, if relevant, is demanded upon.the trial of the matter. 9. Denied. The averments contained in Paragraph 9 of Plaintiffs Complaint constitute contusions of law to which no responsive pleading is required. To the extent that said averments constitute fatual averments are not conclusions of law, same are denied. It is specifically denied that the collision which ensued between the two vehicles was not due to the negligence, recklessness or carelessness of Jennffer Maschmeyer. Strit proof, if relevant, is demanded upon the trial of the matter. 10. The averments in Paragraph 10 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments do not constitute conclusions of law are fact specific, same are denied in accordance with Pa.R.C.P. 1029(e). Strit proof, if relevant, is demanded upon the trial of the matter. * , { 11 -14. The averments in Paragraphs 11 through 14 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are fact specific and do not constitute conclusions of law, same are specifically denied. Strict proof, if relevant, is demanded upon the trial ofthe matter. WHEREFORE, Defendant, Marlin L. Hippensteel, Jr., respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice, award him the costs of this action and such further relief as this Honorable Court deems appropriate. NEW MATTER 15. Paragraphs 1 through 14 of Defendant's Answer and New Matter are incorporated herein, as if set forth at length. 16. To the extent that facts developed during the course of discovery may ,~ implicate, PlaintifFs claims are barred, in whole or in .part, by the provisions of Pennsylvania Motor Vehicle Responsibility Law. 17. To the extent that facts developed during the course of discovery may implicate, Plaintiff's injuries and losses, if any, were caused by persons or events outside the control of the Defendant. ~ r ( Y 18. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred by the doctrine of lathes and unclean hands from the relief requested:' 19. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 P.C.S.A. § 4102. 20: To the extent that facts developed during the course of discovery may implicate, Plaintiff, Craig Maschmeyer, was contributorily negligent andlor assumed the risk of injury. 21. To the extent that facts developed during the course of discovery may implicate, the negligent.acts andlor omissions of other individuals or entities constitutes an intervening or superseding cause of the injuries alleged to have been sustained by the Plaintiff. ,,~ 22. To the extent that facts developed during the course of discovery may implicate, Plaintiffs alleged injuries were caused by the acts and/or omissions of a person or persons other than Defendant. ~ . rl N 23. To the extent that facts developed during the course of discovery may implicate, Plaintiff may have already entered into a Release with other individuals or enfities•aNhich has the effect of discharging any liability of the Defendant. 24. Plaintiffs injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiff is therefore barred from any recover ofnon-economic losses. WHEREFORE, Defendant, Marlin L. Hippensteel, Jr., respectfully request this Honorable Court to enter a judgment in their favor and against the Plaintiff, Craig Maschmeyer, and dismiss Plaintiff's Complaint with prejudice and further award Defendant all such other relief as is just and proper. Respectfully submitted: ,,,.. McKissock & Hoffman, Attorne)yD. #36818 " Edwin A. D. Schwartz, Esquire Attorney I.D. #75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17101 (717) 540-3400 Date: I a - 31- ~ I Attorneys for Defendant, Marlin L. Hippensteel, Jr. 1 ' ~ ~ VERIFICATION I, Marlin L. Hippensteel, Jr., hereby verifies that the statements in Defendant, Marlin ;j=. ~lippensteel, Jr.'s Answers and New Matter to Plaintiffs Complaint are true and correct-4o the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unswom falsification to authorities. Marlin L. Hippen eel, Jr. Dated: i~ ~~4 ~aL ,~ ~ ~ ^ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer and New Metter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure,by depositing a copy of same in the United States Mail, first-class postage .prepaid, addressed as follows: Brian McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) McKissock & Hoffman, P.C. BY: ~ .+ Edwin'A.D. Schwartz, Esquire Attorney LD. #75902 2040 Linglestown Road Suite 302 -.~' Harrisburg, PA 1711'0 (717)540-3400 Attorneys for Defendant, Marlin L. Hippensteel, Jr. Dater oZ - 31- o ~ • 3 ~ ~ i CRAIG MASCHMEYER, Plaintiff v. MARLIN HIPPENSTEEL, JR., Defendant v. JENNIFER MASCHMEYER, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET #: 01-5228 CIVIL ACTION -LAW AFFIDAVIT OF RETURN OF SERVICE On the ~J~_ day of ~J,B/l~j,{ 2002, I, ~~E/UNE ~ fiL~/N~ , an adult individual, resident of the State of South Carolina, served the Notice and Defendant Marlin Hippensteel's Joinder Complaint Against Additional Defendant, Jennifer Maschmeyer, upon Jennifer Maschmeyer at 3820 Preserve @ Indigo Run, Hilton Head, South Carolina 29926 at A.M./P.M.. Service was effectuated by personally hand delivering a copy to ~'fa)~U/~rc2 ~iBSC~~/f'1>: yE2. , at the above recited address. Date: .Z U ~ Sworn and subscribed to before me ~~~ (S~gnature of AfU t) The Bister ~encrr 14 Saltwind Dr St Helena Island SC 29920 .. , Craig Maschmeyer, Plaintiff v. Marlin Hippensteel, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 01-5228 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Affidavit of Return of Service upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brian McCall, Esquire 219 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) BY: McKissock & Hoffman, P.C. B. Crai Eck, Esquire Supre Court I.D. .36818 2040 Linglesto oad Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Marlin Hippensteel, Jr. Date: 3 I ,- .. ~~ ~ s: ~- _~~ -~; ';` ~,,~ ::; r . _ _ _ - , ~f; .. = ~,; , ~~ : -` _ - -- _~; _- _, ~ =- -:. ~r =: ~-~' 3~ 1 v Craig Maschmeyer, Plaihtiff v. Marlin Hippensteel, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 01-5228 CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter my appearance as co-counsel on behalf of Defendant, Marlin Hippensteel, Jr. in the above-captioned action. Respectfully submitted, McKissock & Hoffm ~/ By: chael B. Volk, Esquire orney I.D. No. 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Date: ~ ~ ~~'~ ~"~ ~W CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brian McCall, Esquire 219 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) McKissock offm .C '.,-ti/ BY: Mich B. Volk, Esquire Atto ey I.D. No. 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717)540-3400 Attorneys for Defendant, Marlin Hippensteel, Jr. Date: O¢ ~P2~Z _.~ n c., ra z ~r, ~c ~ ~~' Ui ~~i ~ Z C_' L 1 ~ ra -! _ -C tD -~ _~_ ~, ;J , fit? C>rn ~~ John R. Ninosky, Esquire I.D. #78000 GOLDHERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 239-4161 Counsel for Additional Defendant, Jennifer Maschmeyer CRAIG MASCHMEYER, Plaintiff vs. . MARLIN HIPPENSTEEL, JR., Defendant vs. JENNIFER MASCHMEYER, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 01-5228 JURY TRIAL DEMANDED ANSWER OF ADDITIONAL DEFENDANT JENNIFER MASCHMEYER TO DEFENDANT'S JOINDER COMPLAINT AND NOW, comes the Additional Defendant, Jennifer Maschmeyer, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer to Defendant's Joinder Complaint by respectfully stating the following: 1. Denied. Additional Defendant's last known address is 3820 Preserve at Indigo Run, Hilton Head, South Carolina 29926. 2. Admitted. 3. Admitted. 4. Admitted. l 5. Admitted. 6. Admitted. By way of further answer, contrary to Defendant's assertion, the subject accident was directly and proximately caused by the negligence of the Defendant. Defendant's negligence included but is not limited to his failure to stop for a red traffic signal prior to entering the intersection where the alleged accident occurred. 7. Denied. It is specifically denied that Additional Defendant Jennifer Maschmeyer was in any way responsible for the happening of the alleged accident. 8. Denied. The averments contained in this Paragraph including subparagraphs (a) through (g) are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. The averments contained in this Paragraph ,including subparagraphs are denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. The averments contained in this Paragraph including subparagraphs are denied pursuant to Pa.R.C.P. 1029(e). ay way of further answer, Additional Defendant Jennifer 2 Maschmeyer cannot be solely liable to Plaintiff because the joinder was effectuated after the expiration of the applicable statute of limitations. WHEREFORE, Additional Defendant Jennifer Maschmeyer respectfully requests that judgment be entered in her favor, and that Defendant's Joinder Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By John Ni osky, Esqui Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Additional Defendant, Jennifer Maschmeyer DATE: April 10, 2002 3 VERIFICATION I, John R. Ninosky, Esquire, have read the foregoing and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and Statement is made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. X4904. GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~/i /` / u Joh R. Ninosky DATE: y~~b/b~ 69979.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~~ ~ day of /~j,~/ 2002, addressed to the following: Brian McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 Attorneys for Plaintiff B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Attorneys for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. By Joh R. Ninosky, Esquire Attorney I.D. No. 78000 320 Market Street P. 0. BOX 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Additional Defendant, Jennifer Maschmeyer 77766.1 n ~ r3 ~ ,.~ ,r, ~r :3 r. -, - : _ ~-=, ;,£ ' , , rr~C' ^C5 --=i ~ ~t'~ ` -~ __ ~ ~i ~. 's r ~` John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN S SHIPMAN, P.C. 320 Market Street P. o. Box 1268 Harrisburg, PA 17106-1268 (717) 234-9161 Counsel for Additional Defendant,Jennifer Maschmeyer CRAIG MASCHMEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MARLIN HIPPENSTEEL, JR., Defendant vs. JENNIFER MASCHMEYER, Additional Defendant TO THE PROTHONOTARY: CIVIL ACTION - LAW NO: 01-5228 JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Additional Defendant, Jennifer Maschmeyer, in the above- captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. BY ~~~~!1-cam , v John TR. Nl.nosky, Esquir Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Additional Defendant, Jennifer Maschmeyer DATE: ~/~f/~a 77763.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the day of 2002, addressed to the following: Brian McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 Attorneys for Plaintiff B. Craig Hlack, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Attorneys for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. John R. Ninosky, Esquire Attorney I.D. No. 78000 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Additional Defendant, Jennifer Maschmeyer 77766.1 C) C .-3.' ~ U' m!' ~4 G;.? r` [' ^'`- 4 {~, ~~ 4 ~ ~3 ~ 1i' -+ -~~ :.,~ -;-~ -:3 ~ry L~ ~a _~ 'j -~ ::Ya ? 7 "~ t i 1M+~ t~~~ T~ cn .~ ~S CRAIG MASCHMEYER, Plaintiff v. MARLIN HIPPENSTEEL, JR., Defendant v. JENNIFER MASCHMEYER, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET #: 01-5228 CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT To the Prothonotary: Please enter Judgment by Default against Additional Defendant, Jennifer Maschmeyer and in the favor of Defendant, Marlin Hippensteel, Jr., for the above-mentioned Additional Defendant's failure to plead to the Joinder Complaint by Defendant. I hereby certify that written notice of the intention to enter judgment by default was served on Additional Defendant onMarch 25, 2002, to which no response has been received. A true and correct copy of the Notice is attached hereto. Respectfully submitted: McKissock & Hoffman, P.C. B. Attorn~l.D. #36818 2040 mglestowrf'F Suite 302 Harrisburg, PA 17110 (717) 540-3400 Date: April 5, 2002 _. :_ ,, ..._._.. ~ e ~, CRAIG MASCHMEYER, Plaintiff v. MARLIN HIPPENSTEEL, JR., Defendant v. JENNIFER MASCHMEYER, Additional Defendant To: Ms. Jennifer Maschmeyer 3920 Preserve Indigo Run Plantation Hilton Head, SC 29928 Date of Notice: March 25,2002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET #: 01-5228 CIVIL ACTION -LAW IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A RESPONSE TO THE COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Assoaation 100 South Street, P O Box 186 Harrisburg, Pennsylvania 17108 (800) 692-7375 McKissock & Hoffman By: B. Cr Black, Esqui Att y LD. No. 36 2 Linglesto oar Suite 3 Harrisburg, PA 17110 (717) 540-3400 Craig Maschmeyer, Plaintrff v. Marlin Hippensteel, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 01-5228 CIVIL ACTION -LAW CERTIFICATE OF SERVICE 1 hereby certify that 1 am this day serving a copy of the foregoing Important Notice upon the person(s) and in the manner indicated below, which service satisfies the requiremerrts of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brian McCall, Esquire Ms. Jenn'rfer Maschmeyer 219 State Street 3920 Preserve Harrisburg, PA 17101 Indigo Run Plantation (Counsel for Plaintiff) Hilton Head, SC 29928 McKissock & Hoffman, P.C. BY: Court I.D. No. Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Marlin Hippensteel, Jr. Date: ~ - a 5 - o a CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe for Entry of Judgment by Defaultupon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Michael A. Koranda, Esquire 219 State Street Harrisburg, PA 17101 Ms. Jennifer Maschmeyer 3920 Preserve Indigo Run Plantation Hilton Head, SC 29928 McKissock & Hoffman, P.C. BY: B. Crai lack, Esquire 2040 i lestown Road Suite 02 - Harrisburg, PA 17110 Telephone: (717) 540-3400 Supreme Court I.D. No. 36818 Counsel for Defendant, Marlin Hippensteel, Jr. Date: April 5, 2002 (J ~i C ~~- ~ ~,~._ .u ,~ - ~. ` w ~ -~, : - ' ..~ ~ ~ ~ { j r rt 1.' n ~ _< CRAIG MASCHMEYER, Plaintiff v. MARLIN HIPPENSTEEL, JR., Defendant v. JENNIFER MASCHMEYER, Additional Defendant To: Ms. Jennifer Maschmeyer 3920 Preserve Indigo Run Plantation Hilton Head, SC 29928 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET #: 01-5228 CIVIL ACTION -LAW NOTICE OF ENTRY OF JUDGMENT Pursuant to Pa. R.C.P. 236, please be advised that Judgment has been entered against you in the above-captioned matter, a copy of which is enclosed. Date: ~l ~~, ~ 4 2C~/~ ~_ ~ ,~ Prothonotary ~f CERTIFICATE PREREQUISITE 1'0 SERVICE OF A SUBPOENA •Yj 3 IN THE MATTER OF: MASCHMEYER -VS- HIPPENSTEEL PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CASE N0: 01-5228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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 ceztificate, (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: 04/l6/2002 MCS n behal of Attorney r DEFENDANT DE11-326078 8 9 4 4 9- L 0 1 P CONIl~QONWEALTH OF PENNSYLVAN>_A COZ7NTY .7i' CU~li13ERLAN'I3 IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER TERM, -VS- CASE N0: 01-5228 HIPPENSTEEL [ Note: see enclosed list of locations j TO: BRIAN MCCALL, ESQ. HCS on behalf of B. CRAIG BLACK, 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: 03/27/2002 CC: B. CRAIG BLACK, ESQ. - 8350-121 Any questions regarding this matter, contact MCS on behalf of B. CRAIG BLACE, ESQ. Attorney for DEPENDANR THE MCS GROIIP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-182549 8 9 4 4 9- C O 1 »> LOCATION LIST «< PAGE: 1 _ RECORDS REQUESTED LOCATION NAME E[~LOYMENT F:MI~I.UYY~iEN7' MEDICAL RECORDS MEDICAL RECORDS ,MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS S 6 6 E fi 6 6 CARLISLE AREA SCHOOL PISTRiCT CARLISLE PARES 6 RECREATION CARLISLE HOSPITAL PENN STATE UNIV. HOSPITAL/ COMMUNITY GENERAL OSTEOPATHIC POLYCLINIC HOSPITAL BELVEDERE MEDICAL CENTER ALERANDER SPRING REHAB, INC. DR.STIIART HARTMAN HOSPITAL BILL HOSPITAL BILL BILLING HOSPITAL BILL BILLING BILLING BILLING DE02-182549 5 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNT Y OF' C:UMBEItLANI) MASCHMEYER VS HIPPENSTEEL File No. 01-5228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE AREA DISTRICT (Name of Person or Entity) Within twenty (20) days after service of this subpEE at~`LTACHEDdered by the court to produce the following documents or things: 55 at MCS GROUP INC., 1601 MARKET ST., IP800,PHILA.,PA 19103 (Address) 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 pazty 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: B. CRAIG BLACK ADDRESS: 2040 LINGLESTOWN RD,M STE 302 HARRISBURG. PA 17110 TELEPHONE: 215 -246-0900 SUPREME COURT [D #: ATTORNEY FOR: DEFENDANT DATE: l'17rb~r~ ~ ti.L~- Seal of the Court (Eff. 7/ 97) EXPLAIITATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE AREA SCHOOL DISTRICT' 900 WAGGONERS GAP ROAD CARLISLE, PA 17013 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and indnding the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Birth: 09-241973 SII10-3fi4712 8 9 4 4 9- L 0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SIIBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MASCHMEYER -VS- HIPPENSTEEL COURT OF COMMON PLEAS TERM, CASE N0: 01-5228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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. MCS on behalf of DATE: 04/16/2002 B. CRAIG BLACK, ESQ. Attorhey for DEFENDANT DE11-326079 8 9 4 4 9- L O Z CON1P~iONWEALTH OF PENNSYLVANIA COL71V 1 Y OF' CIJNII3ERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER -VS- HIPPENSTEEL A ( Note: see enclosed list of locations J TO: BRIAN MCCALL, ESQ. AND MCS on behalf of B. CRAIG BLACK, 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 sezve 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: 03/27/2002 CC: B. CRAIG'BLACR, ESQ. - 8350-121 Any questions regarding this matter, contact MCS on behalf of B. CRAIG BLACK, ESQ. Attorney for DEPENDANT THE MCS GROIIP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-182549 8 9 4 4 9- C 0 1 TERM, CASE N0: 01-5228 ~, »> LOCATION LIST «< PAGE: 1 RECORDS REQUESTED LOCATION NAME EMPLOYMENT F'MPLOYMEHT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS fi HOSPITAL BILL fi HOSPITAL BILL ~ BILLING 6 HOSPITAL BILL fi BILLING fi BILLING ~ BILLING CARLISLE AREA SCHOOL. DISTRICT CARLISLE PARRS fi RECREATION CARLISLE HOSPITAL PENN STATE UNIV. HOSPITAL/ COMMUNITY GENERAL OSTEOPATHIC POLYCLINIC HOSPITAL BELVEDERE MEDICAL CENTER ALERANDER SPRING REHAB, INC. DR.STUART HARTMAN DE02-182549 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUN'Y"k" OF CtJiv1lll;:RLAND MASCHMEYER HIPPENSTEEL VS File No. 01-5228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARKISKE PARKS & RECREATION (Name of Penon or Entity) Within twenty (20) days after service of this su SpEE A'1'1'ACHEDrdered by the court to produce the following documents or things: at MCS GROUP INC., 1601 MARKET ST.> ~1800,PHILA.,PA 19103 (Address) 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 prepazing 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: B. CRAIG RLACK,_ ES ADDRESS: 2040 LINGLESTOWN RD,M STE 302 HARRISBURG, PA 17110 TELEPHONE: 215 - 2 4 6- 0 9 0 0 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT BY E COURT. DATE' / rl.~!/1 rL. p~,~~,r ~1~ Prothonotary/C erk, iviaion ~ o X D ty Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE PARKS & RECREATION 415 FRANKLIN STREET CARLISLE, PA 17013 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: np to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-65-8163 Date of Birth: 09-241973 SU10-364714 89/+49-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RIILE 4009.22 IN THE MATTER OF: MASCHMEYER -VS- HIPPENSTEEL COURT OF COMMON PLEAS TERM, CASE N0: 01-5228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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. MCS on behalf of DATE: 04/16/2002 B. CRAIG BLACK, ESQ. Attorney for DEFENDANT DEll-326080 8 9 4 4 9- L O 3 C OMIQO NWEAL T H O F P E NN S YL VAN ZA COUNT'Y' OF CUMBEILLAND IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER -VS- HIPPENSTEEL Tb [ Note: see enclosed list of locations J T0: BRIAN MCCALL, ESQ. AND MCS on behalf of B. CRAIG BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to.this notice. You have twenty (ZO) 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 map be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local HCS office. DATE: 03J27/2002 CC: B. CRAIG BLACK, ESQ. - 8350-121 Any questions regarding this matter, contact HCS on behalf of B. CRAIG BLACK, ESQ. Attorney for DEPENDANT THE MCS GROIIP INC. 1601 MABRET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-182549 8 9 4 4 9- C O ]_ TERM, CASE N0: 01-5228 »> LOCATION LIST «< PAGE: 1 RECORDS REQUESTED LOCATION NAME EMPLOYMENT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS fi HOSPITAL BILL fi HOSPITAL BILL 6 BILLING 6 HOSPITAL BILL fi BILLING S BILLING 6 BILLING CARLISLE AREA SCHOOL DISTRICT CARLISLE PARRS E RECREATION CARLISLE HOSPITAL PENN STATE UNIV. HOSPITAL/ COMMONITY GENERAL OSTEOPATHIC POLYCLINIC HOSPITAL BELVEDERE MEDICAL CENTER ALERANDER SPRING REHAB, INC. DR.STUART HARTMAN DE02-182549 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMIsEi~LAiNICi MASCHMEYER HIPPENSTEEL TO: VS • File No. 01-5228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 OF RECORDS FOR: CARLISLE HOSPITAL (Name of Person or F.ntlty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST.> Ik800,PHILA.,PA 19103 (Address( 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: B. CRAIG BLACK, ESQ. ADDRESS: 204fl LINGLESTOWN RD,M STE 302 HARRISBURG, PA 17110 _ TELEPHONE: 215 -246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: / ~ (fin ~L ,~ / ~ ac, ~ Seal of the Court (EEf. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 17013 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Birth: 09-24-1973 SU10-364360 8 9 4 4 9- L 0 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSIIANT TO RULE 4009.22 IN THE MATTER OF: MASCHMEYER -VS- HIPPENSTEEL COURT OF COMMON PLEAS TERM, CASE N0: 01-5228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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. MCS on behalf of DATE: 04/16/2002 B. CRAIG BLACK, ESQ. Attorney for DEFENDANT DE11-326081 8 9 4 4 9- L 0 4 .. COD~II.~lONWEALTH OF PENNSYLVANIA COUIV"I°Y' OED' GUMBEItLAN17 IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER -VS- HIPPENSTEEL TO [ Note: see enclosed list of locations ) T0: BRIAN MCCALL, ESQ. TERM, CASE N0: 01-5228 FR;S on behalf of B. CRAIG BLAC&, 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 ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/27/2002 CC: B. CRAIG BLAC&, ESQ. - 8350-121 Any questions regarding this matter, contact MCS on behalf of B. CBAIG BLACK, ESQ. Attorney for DEFENDANT THE MCS GRODP INC. 1601 MARRBT STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-182549 8 9 4 4 9- C 0 1 »> LOCATION LIST «< PAGE: 1 RECORDS REQUESTED LOCATION NAMB EMPLOYMENT EMPLOYMENT MEDICAL RECOBDS fi HOSPITAL BILL MEDICAL RECORDS ~ HOSPITAL BILL MEDICAL RECORDS 6 BILLING MEDICAL RECORDS fi HOSPITAL BILL t~DICAL RECORDS b BILLING MEDICAL RECORDS 6 BILLING MBDICAL RECORDS fi BILLING CARLISLE AREA SCROOI. DISTRICT CARLISLE PARKS fi RECREATION CARLISLE HOSPITAL PENN STATE iTNIV. HOSPITAL( COMMUNITY GENERAL OSTEOPATHIC POLYCLINIC HOSPITAL BELVEDERE MEDICAL CENTER ALERANDHR SPRING REHAB, INC. DR.STIIART HARTMAN DE02-182549 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MASCHMEYEfi VS HIPPENSTEEL File No. 01-5228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PENN STATE MILTON S. HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpSEEa~[iTTA~fiESDdered by the court to produce the following documents or things: at MCS GROUP INC., 1601 MARKET ST., 11800,PHILA.,PA 19103 (Address) 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 prepazing the copies or producing the things sought. [f you fail to produce the documents or things requited 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: B. CRAIG BLACK, ES ADDRESS: 2040 LINGLESTOWN RD,M STE 302 HARRISBURG, PA 17110 TELEPHONE: 215 -2 4 6-0 900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT BY~IE C URT: ;~ DATE: _~ / a~6 ~ `' Prothonotary/Cler 6 Ciyil'~ vision ~ c (/ ~ ~~ De uty Seal of the Court (Eff. 7/ 97) EXPI.ANA~'ION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENN STATE UNIV. HOSPITAL/ HERSHEY MEDICAL CTR. 500 UNIVERSITY AVE. HERSHEY, PA 17033 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Birth: 09-24-1973 SU10-364362 5 9 4 4 9- L 0 4 CERTIFICATE PREREQIIISITE TO SERVICE OP A SUBPOENA PIIRSUANT TO RIILE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER TERM, -VS- CASE N0: 01-5228 HIPPENSTEEL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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. MCS on behalf of DATE: 04/16/2002 B. CRAIG BLACK, ESQ. Attorney for DEFENDANT DEll-326082 8 9 /+ 4 9- L O S C OMIQO NWEAL T H O F P E NN S YLVAN =A COUNT Y O F C UMB E BLAND IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER -VS- HIPPENSTEEL SERVE A [ Note: see enclosed list of locations ] T0: BRIAN MCCALL, ESQ. TERM, CASE N0: 01-5228 MCS oa behalf of B. CRAIG BLAC&, 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 ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/27/2002 CC: B. CRAIG BLACE, ESQ. - 8350-121 Any questions regarding this matter, contact MCS on behalf of B. CRAIG BLACg, ESQ. Attorney for DEFENDANT THB MCS GROIIP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-182549 8 9 4 4 9- C 0 1 »> LOCATION LIST «< PAGE: 1 RECORDS REQIIESTED LOCATION NAME EMPLOYMENT EMPLOYMENT MEDICAL RECORDS fi HOSPITAL BILL MEDICAL RECORDS E HOSPITAL BILL MEDICAL RECORDS 6 BILLING MEDICAL RECORDS 6 HOSPITAL BILL MEDICAL RECORDS 6 BILLING MEDICAL RECORDS 6 BILLING MEDICAL RECORDS 6 BILLING CARLISI~F. AREA SCAOOi. DISTRICT CARLISLE PARRS ~ RECREATION CARLISLE HOSPITAL PENN STATE DNIV. HOSPITAL/ COMMDNITY GENERAL OSTEOPATHIC POLYCLINIC HOSPITAL BELVEDERE MEDICAL CENTER ALERANDER SPRING REHAB, INC. DR.STQART HARTMAN DE02-182549 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MASCHMEYER HIPPENSTEEL VS File No. 01-5228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GENERAL OSTEOPATHIC (Name of Person or Enfity) Within twenty (20( days after service of this subp5EEa~ATTACHEDered by the court to produce the following documents or things: at MCS GROUP INC., 1601 MARKET ST., 1k800,PHILA.,PA 19103 (Address) 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 prepazing 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: B. CRAIG BLACK, ESQ. ADDRESS: 2040 LINGLESTOWN RD,M STE 302 HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT ,~y~ BY~iE CQURT~ ~I DATE: ' 'r `~' /~<~ aZ ~ J ~' Z („l,`n ~P~rothonotary/ Jerk vision T ~ L /Jd~r.D rA ~~ De Seal of the Court (Eff.7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GENERAL OSTEOPATHIC 4300 LONDONDERRY ROAD HARRISBURG, PA 17105 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security !t: 195-68-8163 Date of Birth: 09-24-1973 SU10-364364 8 9 4 4 9- L O S CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PIIRSIIANT TO RIILE 4009.22 IN THE MATTER OF: MASCHMEYER -VS- HIPPENSTEEL COURT OF COMMON PLEAS TERM, CASE N0: 01-5228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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. MCS on behalf of DATE: 04/16/2002 B. CRAIG BLACK, ESQ. Attorney for DEFENDANT DE11-326083 8 9 4 4 9- L 0 6 C OML•20 NWEAL T H O F P ENN S YLVAN IA COUN1°Y' ON C= C.JMBEKLAND 1N THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER -VS- NIPPENSTEEL A [ Note: see enclosed list of locations T0: BHTAN lICCALL, HSQ. TERM, CASE N0: 01-5228 MCS oa behalf of B. CRAIG BLAC&, HSQ. 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 slay 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: 03/27/2002 CC: B. CBAIG'BLACg, HSQ. - 8350-121 Any questions regarding this matter, contact MCS oa behalf of B. CBAIG BLACK, SSQ. Attorney for DEPENDANT THH 1~S GHODP INC. 1601 MARSHY SRREET #800 PHILADHLPHIA, PA 19103 (215) 246-0900 DE02-182549 8 9 /+ 4 9- C 0 1 »> LOCATION LIST «< PAGE: 1 RECORDS REQOESTED LOCATION NAME ~rarx.oxtR• NT EMPLOYMENT MEDICAL RECORDS 6 HOSPITAL BILL MEDICAL RECORDS E HOSPITAL BILL MEDICAL RECORDS 6 BILLING MEDICAL RECORDS 6 HOSPITAL BILL MEDICAL RECORDS fi BILLING MEDICAL RECORDS fi BILLING MBDICAL RECOBDS fi BILLING (:ART.iSI.E A~tGA SCAROL OTRTR?('T CARLISLE PARSCS fi RECREATION CARLISLE HOSPITAL PENN STATE DNIV. HOSPITAL/ COZ@10NITY GENERAL OSTEOPATHIC POLYCLINIC HOSPITAL BELVEDERE MEDICAL CENTER ALERANDSR SPRING REBAB, INC. DR.STDART HARTMAN DE02-182549 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA CUIJNTY OF CUMBETtLAND MASCHMEYER HIPPENSTEEL VS Fi]e No. 01-5228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpSEEat1"'1'TACHED ered by the court to produce the following documents or things: _ at MCS GROUP INC., 1601 MARKET ST., 11800,PHILA.>PA 19103 (Address) 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 prepazing 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 pazty 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: B. CRAIG SLACK, ESQ. ADDRESS: 2040 LINGLESTOWN RD,M STE 302 HARRISBURG, PA 17110 TELEPHONE: 215 - 2 4 6- 0 9 0 0 SUPREME COURT ID N: ATTORNEY FOR: DEFENDANT DATE: ''[~/1~ ~I~ eZGb~ Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL CLINICAL HEALTH 2601 N. THIRD STREET HARRISBURG, PA 171102098 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Birth: 09.24-1973 SU10-364366 8 9 4 4 9- L 0 6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MASCHMEYER -VS- HIPPENSTEEL COURT OF COMMON PLEAS TERM, CASE N0: 01-5228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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. MCS on behalf of DATE: 04~16~2002 B. CRAIG BLACK, ESQ. Attorney for DEFENDANT DEll-326084 8 9 4 4 9- L 0 7 ~ GON7LrIONWEALTH OF PENNSYLVANIA COLI'1V'1'St OF' t~UNi73E;ItLAND ZN THE MATTER OF: COIIRT OF COMMON PLEAS MASCHMEYER TERM, -VS- CASE N0: 01-5228 HIPPENSTEEL [ Note: see enclosed list of locations ] T0: BEIAN MCCALL, ESQ. TICS on behalf of B. CRAIG BLACE, 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 belay 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 b7 completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/27/2002 CC: B. CBAI6 BLACL, BSQ.. - 8350-121 --:~, ~~ ~::`_. Any questions regarding this matter, contact MCS oa behalf of B. CBAI6 BLACY, ESQ. Attorney for DBPffimAgT THB MCS GBOIIP IBC. 1601 MABBBT STBBET #800 PHiILADSLPHL-, PA 19103 (215) 246-0900 DE02-182549 5 9 4 4 9- G 0 1 »> LOCATION LIST «< PAGH: 1 _ HHCOBDS BHQDBSTBD LOCATION HAIIg ElIPLOYlO;NI' CARLISLE AREA SCHOOL OTRTRICT EFH'LOY!lHNT CARLISLH PARHS i RHCREATION l03DICAL RBCOHDS i _ BILL CARLISLH HOSPITAL l~DICAL HHCOBDS i TAi. BILL PENN STARS DliIV. HOSPITAL/ lO;DICAL BHCOBDS i. COM~H)NITY GHNBBAL OSTBOPARHIC MBDICAL RSCOHDS i HOSPITAL BILL POLYCLINIC HOSPITAL MEDICAL BHCOBDS i BILLING BELVHDERB PIEDICAL CHNREH MBDICAL BBCOBDS i BILLING' ALHRANDSH SPRIIN; RHBAB, INC. PIBDICAL BBCOBDS i BILLING DR.STQART HAHTMAN <T',. ~r ' -* DH02-182549 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COiJNTY OF CUiviBEPcLAi'v I7 MASCHMEYER HIPPENSTEEL VS File No. 01-5228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TQ; CUSTODIAN OF RECORDS FOR: BELVEDERE MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpSEEa~ESTTAI:HEllered by the court to produce the following documents or things: at MCS GROUP INC., 1601 MARKET ST., 11800,PHILA.,PA 19103 (Address) 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: B. CRAIG BLACK, ESQ. ADDRESS: 2040 LINGLESTOWN RD,M STE 302 HARRISBURG, PA 17110 TELEPHONE: 215 - 2 4 6- 0 9 0 0 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: ~~ J 1 2GY~~ Seal of the Court (EfE. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR BELVEDERE MEDICAL CENTER PAIN MANAGEMENT 850 WALNUT BOTTOM RD CARLISLE, PA 17013 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Birth: 09-24-1973 SU10-364368 8 9 4 4 9- L 0 7 CERTIPICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RIILE 4009.22 IN THE MATTER OF: MA5CHMEYER -VS- HIPPENSTEEL COURT OF COMMON PLEAS TERM, CASE N0: 01-5228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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. MCS on behalf of DATE: 04/16/2002 B. CRAIG BLACK, ESQ. Attorney for DEFENDANT DE11-326085 8 9 4 4 9- L 0 8 COMI~~ONWEAL'TH OF PENNSYLVANIA COliPSZ1' Off' i=:+~N1BTc:k1.A1VI7 IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER -VS- HIPPENSTEEL T'O SERVE A [ Note: see enclosed list of locations ] T0: BRIAN MCCALL, ESQ. TERM, CASE N0: 01-5228 MCS on behalf of B. CEAIG BLACE, 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 belw 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: 03/27/2002 CC: B. CRAIG BLAC&, ESQ. - 8350-121 Any questions regarding this matter, contact MCS on behalf of B. CBAIG BLAC&, ESQ. Attorney for DEPENDANT THE MCS GRODP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-182549 894/+9-C01 »> LOCATION LIST «< PAGE: 1 RECORDS REQUESTED LOCATION NAME EMPLOYMENT EMPLOYMENT MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS fi HOSPITAL BILL fi HOSPITAL BILL 5 BILLING 6 HOSPITAL BILL E BILLING b BILLING fi BILLING CARLISLE AREA SCHOOL DISTRICT CARLISLE PARRS 6 RECREATION CARLISLE HOSPITAL PENN STATE DNIV. HOSPITAL COt-AiDNITY GENERAL OSTEOPATHIC POLYCLINIC HOSPITAL BELVEDERE MEDICAL CENTER ALEXANDER SPRING REBAB, INC. DR.STUART HARTMAN DE02-182549 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUtvII31~YtLANti MASCHMEYER VS HIPPENSTEEL File No. 01-5228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ALEXANDER SPRINF REHAB, INC. (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; SEEr ATTACHED at MCS GROUP INC., 1601 MARKET ST., 11800,PHILA.,PA 19103 (Address) 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: B. CRAIG BLACK, ES ADDRESS: 2040 LINGLESTOWN RD,M STE 302 HARRISBURG, PA 17110 TELEPHONE: 215-2 4 6-090 0 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT BYE COURT: /~~.a DATE: ~~~~ ~ ~ / 4G Prothonotary/Clerk, C' ivision ~ o r QeL~L~ ^~ D puty Seal of the Court (Eff.7J97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALEXANDER SPRING REHAB, INC. 27 BROOKWOOD AVENUE CARLISLE, PA 17013 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Birth: 09-241973 SU10-364370 8 9 4 4 9- L 0 8 . , CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PURSIIANT TO RIILE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER TERM, -VS- CASE N0: 01-5228 HIPPENSTEEL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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. MCS on behalf of DATE: 04/16/2002 B. CRAIG BLACK, ESQ. Attorney for DEFENDANT DE11-326086 8 9 4 4 9- L 0 9 ~ ~ 1 C OMNIO NWEAL T H O F P ENN S YLVAN 2A COUNT Y O F C UMB E RLAND IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER -VS- NIPPENSTEEL [ Note: see enclosed list of locations ] T0: BRIAN MCCALL, ESQ. TERM, CASE N0: 01-5228 MCS on behalf of B. CRAIG BLAC&, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date liated belw 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 ao objectioa 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: 03/27/2002 CC: B. CBAIG BLAGE, ESQ. - 8350-121 Any questions regarding this matter, contact MCS on behalf of B. CBAIG BLACK, ESQ. Attorney for DSFElIDANT THE lB;S GEOOP INC. 1601 MABEET STRBBT #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-182549 8 9 4 4 9- C 0 1 ' »> LOCATION LIST «< PAGE: 1 RECORDS REQTTESTED LOCATION NAME FJiPi.QYl16NT EMPLOYMENT M®ICAI, BECOBDS 5 HOSPITAL BILL MEDICAL RECORDS fi HOSPITAL BILL MEDICAL RECORDS fi BII3.ING MEDICAL RECORDS fi HOSPITAL BILL MEDICAL RECORDS fi BILLING MEDICAL RECORDS fi BILLING MEDICAL RECORDS fi BILLING GAR(•TST.R ARF,A SGt10(lI. DISTTtI~T CARLISLE PARRS fi RECREATION CARLISLE HOSPITAL PENN STATE DNIV. HOSPITAL/ COMMONITY GSNERAI, OSTEOPATHIC POLYCLINIC HOSPITAL BELVEDERE MEDICAL CENTER ALERANDER SPRING REHAB, INC. DR. STIJART HABTMAN DEO2-182549 8 9 4 4 9- Ci 0 1 COMMONWEALTH OF PENNSYLVANIA COUN'1"Y OF CUMBEIYLAND MASCHMEYER HIPPENSTEEL VS File No. 01-5228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: STUART HARTMAN, D.O. (Name of Person or Entity) Within twenty (20) days after service of this subp SEA yATTACHEDred by the coon to produce the following documents or things: at MCS GROUP INC., 1601 MARKET ST., 11800,PHILA.,PA 19103 (Address) 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 pceparing 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: B. CRAIG. BLACK, ES ADDRESS: 2040 LINGLESTOWN RD,M STE 302 HARRLSBURG, PA 17110 TELEPHONE: 215 -2 4 6-0 900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT BY~HE COURT. DATE: / ' / 2C ~ ~ ~ ~ t'16 ~ Protho~/no/~tary/ er~k/~gJ1 rvision De ry Seal of the Court (Eff. 7 f 97) ., EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR.STUART HARTMAN 2645 N.THIRD STREET SUITE 340 HARRISBURG, PA 17110 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Birth: 09-24-1973 SU10-364372 8 9 4 /+ 9- L 0 9 •~ n ~~° ~"' = C. t~°- ~ e:i -'--, - i 5 , ,- r~ _ . ` ~C y L_ •- _L; \i ~~J ca { .: E f. John R. Ninos ky, Esquire I.D. #78000 GOLDHERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Bo:t 1268 Harrisburg, PA 17108-1268 ('717) 239-4161 Counsel for Additional Defendant, Jennifer Maschmeyer CRAIG MASCHMEYER, Plaintiff vs. MARLIN HIPPENSTEEL, JR., Defendant vs. JENNIFER MASCHMEYER, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0: OI-5228 JURY TRIAL DEMANDED ORDER AND NOW, this 2 ~ day of 2002, upon consideration of the Additional Defendant's Petition for Relief from Judgment of Default, the Additional Defendant's Petition is GRANTED. The default judgment entered on April 9, 2002 is opened. BY THE LOUR ~~ J. 1 ~~ ~. m N ~~ r y4 ~, ;,~~;t~~1!r,~~a -r;,,~^v ",, „_.;~, ~, "~ f~'7 t'IGi; >u' rv. ~. '. 1 .. C,v ]L~ `` I. John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN fi SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-9161 Counsel for Additional Defendant. G MASCHMEYER, Plaintiff vs. MARLIN HIPPENSTEEL, JR., Defendant vs. JENNIFER MASCHMEYER, Additional Defendant Jennifer Maschmeyer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0: 01-5228 JURY TRIAL DEMANDED PETITION OF ADDITIONAL DEFENDANT JENNIFER MASCHMEYER FOR RELIEF FROM DEFAULT JUDGMENT AND NOW, comes the Additional Defendant, Jennifer Maschmeyer, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Petition for Relief from Default ,judgment by respectfully stating the following: 1. Defendant filed a Praecipe for Entry of Judgment by Default against the Additional Defendant on April 9, 2002. A copy of the Praecipe is attached hereto as Exhibit A. 2. Additional Defendant filed her Answer to the Defendant's Joinder Complaint on April 10, 2002. A copy of the Answer is attached hereto as Exhibit B. 3. Pennsylvania Rule of Civil Procedure 237.3(b) states, "If the petition is filed within ten days after the entry of the judgment on the docket, the court shall open the judgment if the proposed complaint or answer states a meritorious cause of action or defense." 4. The present Petition is filed within ten days of Defendant filing his Praecipe for Entry of Judgment by default. 5. Additional Defendant's Answer states a meritorious defense to the allegations contained in the Joinder Complaint. 6. Moreover, Defendant does not oppose this request to open the Default Judgment. WHEREFORE, Additional Defendant Jennifer Maschmeyer respectfully requests that this Honorable Court grant her relief from the entry of judgment by default by opening the default judgment. Respectfully submitted, GOLDBERG, FCATZMAN & SHIPMAN, P.C. By-~~ x ~/ Joh R. Ninosky, Esqu re Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Additional Defendant, Jennifer Maschmeyer DATE: Aprill9, 2002 2 CRAIG MASCtiMEYE9i, IN 711E COWttT OF COMMON PLEAS PlalntiiF CUM6ERLAND COUNTY, PBtWN3YLVANIA v DOCKET #: 01-8228 MARLIN HIpPEN3TEEL, JR., CNIL ACTION -LAW Defendant ~ N ~~ •n V. l:: rj _ JENNIFER MASCHMEYER ~ .a w , Additional defendant ~~= •n, ";::~> E ~ OF UD(3 t3 BY DER L7 To the Prothonotary: . Please enter Judgmentby Default against Additional Defendant, Jennifer Ma~chmeyer and M the favor of Defendant, iJiartin Hlppenstsel, Jr., for the above-mentioned gddlti~al pefendanYs failure to plead b the Joinder Complaint by Defendant. 1 hereby oertiy that written notice of the itrtention b enter judgment by default was served on Additional Defendant onMardr 25, 2002, t4 which no resporrae has treen received. A true and correct copy of the Notice Is attached hereto. Respectfuly submitted: MclGssodc 8 HotTman, P.C. Date: Aprfl 6, 2002 ~Xki~~f ~ Z dOYd ~fi~60~SLiL~XVd NVYiddOH XOOSSIXONi Yid OS~bO XIlZ d0-9i-HdV Harrisburg, PA 17110 (717) 540~3400 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, ECATZMAN S SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17106-1268 (717) 239-9161 Counsel for Additional Defendant, Jennifer Maschmeyer CRAIG MASCHMEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA c~ o ~ • C; ~ i J , vs. CIVIL ACTION - LAW ...,=` ~ _ MARLIN HIPPENSTEEL, JR., N0: 01-5228 ~`,. J Defendant -<..: r-~- r~ :.J ' ~ ~+ ~~ r~T~ vs• ~.. r -: 1 .l JENNIFER MASCHMEYER, ~ ~ Additional Defendant JURY TRIAL DEMANDED ANSWER OF ADDITIONAL DEFENDANT JENNIFER MASCHMEYER TO DEFENDANT'S JOINDER COMPLAINT AND NOW, comes the Additional Defendant, Jennifer Maschmeyer, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer to Defendant's Joinder Complaint by respectfully stating the following: 1. Denied. Additional Defendant`s last known address is 3820 Preserve at Indigo Run, Hilton Head, South Carolina 29926. 2. Admitted. 3. Admitted. 4. Admitted. ~Xti~bif /~ ' II C'_- 5. Admitted. 6. Admitted. By way of further answer, contrary to Defendant's assertion, the subject accident was directly and proximately caused by the negligence of the Defendant. Defendant's negligence included but is not limited to his failure to stop for a red traffic signal prior to entering the intersection where the alleged accident occurred. 7. Denied. It is specifically denied that Additional Defendant Jennifer Maschmeyer was in any way responsible for the happening of the alleged accident. 8. Denied. The averments contained in this Paragraph including subparagraphs (a) through (g) are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. The averments contained in this Paragraph including subparagraphs are denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. The averments contained in this Paragraph including subparagraphs are denied pursuant to Pa.R.C.P. 1029{e). By way of further answer, Additional Defendant Jennifer 2 Maschmeyer cannot be solely liable to Plaintiff because the joinder was effectuated after the expiration of the applicable statute of limitations. WHEREFORE, Additional Defendant Jennifer Maschmeyer respectfully requests that judgment be entered in her favor, and that Defendant's Joinder Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By John Ni osky, Esqui Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Additional Defendant, Jennifer Maschmeyer DATE: April 10, 2002 3 VERIFICATION I, John R. Ninosky, Esquire, have read the foregoing and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. X4904. GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~~ i / ` / U~~1~V 1 Joh R. Ninosky ~ DATE: y~io/~~ 694"79.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~~ ~ day of 2002, addressed to the following: Brian McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 Attorneys for Plaintiff B. Craig Black, Esquire McKissock & Hoffman, P.C. 2090 Linglestown Road, Suite 302 Harrisburg, PA 17110 Attorneys for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. By Joh R. Ninosky, Esquire Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Additional Defendant, Jennifer Maschmeyer 77766.1 VERIFICATION X, John R. Ninosky, Esquire, have read the foregoing and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that the false statements may subject me to the penaltiies of 18 Pa.C.S. X4904. GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh .~'.V 1~inosky ~~ Date: April 19, 2002 CERTIFICATE OF SERVICE I HERESY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Penn~sylvannia, with first-class postage prepaid on the _~ day of %- 2002, addressed to the following: Brian McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 Attorneys for Plaintiff B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Attorneys for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. By C",NT'~.s't ~~/ y~ Joh R. Ninosky, Esqu re Attorney I.D. No. 78000 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Additional Defendant, Jennifer Maschmeyer 77766.1 C] C_ 'J ~-~ 1'~.'a ~=~ .T~ vp J rJ ~ V i (.~ _1C.7 ( .~ ) `~~ _ I _ _ _~ J`Z _`f.-~ :y -. ~ <J7 }I 3'~ John R. Ninosky, Esquire I.D. #78000 GOLDHERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. Q. BOX 12'()8 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Additional Defendant, Jennifer Maschmeyer CRAIG MA5CHMEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MARLIN HIPPENSTEEL, JR., NO: 01-5228 Defendant vs. JENNIFER MA5CHMEYER, Additional Defendant JURY TRIAL DEMANDED STIPULATION The Defendant, Marlin Hippensteel, Jr., and the Additional Defendant Jennifer Maschmeyer hereby stipulate that the Default Judgment entered against Ms. Maschmeyer should be opened. B. re McK' ck & Ho£ n 204 Lingle own Road Suite 302 Harrisburg, PA 17110 Attorneys for Defendant Date: {~I~a-~p~ Jo n R. Ninosky, Es ire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Ms. Maschmeyer Date: yl'~/d~ CERTIFICATE PREREQUISITE TO SERVICE OF A SIIBPOENA PURSIIANT TO RIILE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER TERM, -VS- CASE N0: 01-5228 HIPPENSTEEL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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: 05/28/2002 n beh of ~~ LACR, ESQ. Attorney for DEFENDANT DE11-335542 8 9 4 4 9- L 1 0 C OMMO NWEAL T H O F PENNSYLVANIA COUNTY O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER -VS- TERM, CASE N0: 01-5228 HIPPENSTEEL B%YON SQUABB SBCQBITY EL~LOY!ffiiT HARTMAN MOTOR CARS F.FF~LOYiffiiT TO: BBIAA MCCALL, BSQ. 14CS on behalf of B. CBAIG BLACH, BSQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed belay in which to file of record and serve upon the - undersigaed 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 l4CS or by contacting our local MCS office. DATE: 05/07/2002 MCS on behalf of B. CRAIG BLACS, BSQ. Attorney for DBFBNDAN! CC: B. CBAZG BLACK, BSQ. - 8350-121 Aay questions regarding this matter, contact THB IBS GROUP INC. 1601 MARBB? SYBHBT #800 PHII.ADffi.PHIA, PA 19103 (215) 246-0900 . DB02-186378 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MASCHMEYER VS File No. 01-5228 HIPPENSTEEL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: EXTON SQUARE SECURITY (Name of Person or Entity) Within twenty (20) days after service of this sgb~oenA~,,~~~~ordered by the court to produce the following documents or things: JEEEE at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA.,PA 191 (Address) 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 prepazing 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 ita 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: B. CRAIG BLACK, ES ADDRESS: 2040 LINGLESTOWN RD., STE 302 HARRISBURG, PA 17110 TELEPHONE: 215 -2 46-0900 SUPREME COURT ID #: ATTORNEY-FOR: DEFENDANT DATE: ~~ ~~ ~ Seal of the Court (reY. 7/97} EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: EXTON SQUARE SECURITY 260 EXTON SQUARE PARKWAY EXTON, PA 19341 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Sirth: 09-24-1973 SU10-375768 8 9 4 4 9- L 1 0 CERTIFICATE PREREQIIISITE TO SERVICE OF A SUBPOENA PDRSIIANT TO RIILE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER TERM, -VS- CASE N0: 01-5228 HIPPENSTEEL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACR, 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. MCS on behalf of DATE: 05/28/2002 B. CRAIG BLACK, ESQ. Attorney for DEFENDANT DE11-335543 8 9 4 4 9- L 1 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MASCHMEYER VS File No. O1 -5228 HIPPENSTEEL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HARTMAN MOTOR CARS (Name of Person or Entity) Within twenty (20) days after service of this s S~gep~,Yy~~~ordered by the court to produce the following documents or things: LL~~~~ AA at MCS GROUP INC., 1601 MARKET ST.> ~k800, PHZLA.,PA 19103 (Address) 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 patty 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: B.CRAIG BLAGK~_ES ADDRESS: 2040 LINGLESTOWN RD. , STE 302 HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: ~ ~/ I~_ o1.OG~.. Seal of the Court I cis. 7 / 971 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARTMAN MOTOR CARS HARRISBURG MOTORS 6060 ALLENTOWN RD. HARRISBURG, PA 17112 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Birth: 09-24-1973 SU10-375770 8 9 4 4 9- L 1 1 C? c`-: 4....: -r, i`r- '`' ; i , __ -, :7 .. ~:~ _-~ ~ ^B 4~ CERTIPICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PIIRSIIANT TO RDLE 4009.22 IN THE MATTER OF: MASCHMEYER -VS- HIPPENSTEEL COURT OF COMMON PLEAS TERM, CASE N0: 01-5228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACR, 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: 06/12/2002 n b„e~~ U B. CRAI BLACR, ESQ. Attorney for DEFENDANT DE11-339209 8 9 4 4 9- L 1 2 COMMONWEALTH O F PENNSYLVANIA COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER -VS- HIPPENSTEEL CARLISLE YOiING MEti' S CH$ISTIAN EMPLOYMENT TRESSLEE LUTHERAN EMPLOYMENT T0: MICHAffi. A. ICORANDA,SSQDIRE TERM, CASE N0: 01-5228 MCS on behalf of B. CRAIG BLACK, 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 ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/23/2002 CC: B. CRAIG BLACK, ESQ. - 8350-121 Any questions regarding this matter, contact MCS on behalf of B. CBAIG BLACK, ESQ. Attorney for DEFENDANT THB MCS GEOUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-188023 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG M. MASCHMEYER VS HIPPENSTEEL File No. 01-5228 TO: CUSTODIAN OF RECORDS FOR: CARLISLE YOUNG MENS CHRISTIAN (Name of Penon or Entity) Within twenty (20) days after service of this sub~pyn,~,~~~~dered by the court to produce the following documents or things: 5~;h at MCS GROUP INC., 1601 MARKET ST., I1800, PHILA.,PA 1 (Address) 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: B. CRAIG BLACK. ESO. ADDRESS: 2040 LINGLESTOWN RD., STE 302 H_ARRTCRiIRG. PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT B~T~ COURT:/ n ~~il yin/~ T y'~~_j•~-~(~~ja. DATE: fl ^Nd n Prothonotary k, Civi ivision ~Ukrc.a /'%' L ^'°'~"'~ Deputy Seal of the Court . ~ HYP. 7~ 97} EXPLAle1ATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) 311 SOUTH WEST STR. CARLISLE, PA 17013 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Birth: 09-241973 SU10-376188 8 9 4 4 9- L 1 2 CERTIPICATE PREREQIIISITE TO SERVICE OP A SIIBPOENA PIIRSIIANT TO RIILE 4009.22 IN THE MATTER OF: MASCHMEYER -VS- HIPPENSTEEL COURT OF COMMON PLEAS TERM, CASE N0: 01-5228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAZG BLACK, 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. MCS on behalf of DATE: 06/12/2002 B. CRAIG BLACK, ESQ. Attorney for DEFENDANT DE11-339210 8 9 4 4 9- L 1 3 C ObIMO NWEAL T H O F P E NN S YLVAN IA COUNT Y O F CUMBERLAND IN THE MATTER OFi COURT OF COMMON PLEAS MASCHMEYER -VS- HIPPENSTEEL A CARLISLB YOUNG MEN'S CHRISYIAN E!lPLOYMHIiT TBESSLHR LUTHERAN E4B?LOYl~NT T0: MICHAEL A. &OBANDA,HSQIIIHH TERM, CASE N0: 01-5228 TICS on behalf of B. CRAIG BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. Yon 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 sewed. Complete copies of any reproduced records may be ordered at your ezpense by completing the attached counsel card and returning same to TICS or by contacting our local MCS office. DATE: 05/23/2002 CC: B. CBAIG BLAC&, ESQ. - 8350-121 Any questions regarding this matter, contact IN;S on behalf of B. CRAIG BLACK, SSQ. Attorney for DBFENDANT TBE MCS GBOIIP INC. 1601 MABHBT STRHST #800 PHILADEi.PHIA, PA 19103 (215) 246-0900 DE02-188023 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG M, MASCHMEYER HIPPENSTEEL VS 01-5228 • File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:TRESSLElt LUTHERAN WILDERNESS SCHOOL (Name of Penon or Entity) Within twenty (20) days after service of this subpEEnaAY2r~~P~dered by the court to produce the following documents or things: 5S 1„1, at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA.,PA 19103 (Address) 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 malting 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 requited 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: B. CRAIG BLACK, ESO. ADDRESS: 2040 LINGLESTOWN RD., STE 302 HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID ii: ATTORNEY FOR: DEFENDANT n {~~1 B~'~E COUR /J DATE' LIRA (Xd ~w~ P,vthono-+tary/Cler Civil DivisJon~.~ Deputy Seal of the Cottrt (Er"r. 7/ 97} -- EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRESSLER LUTHERAN WILDERNESS SCHOOL 960 CENTURY DRIVE MECHANICSBURG, PA 17055 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Birth: 09-24-1973 SU10-376190 8 9 4 4 9- L 1 3 ~? <;; r7 rv, ~ ~ n l' /i~l I. ~ 'ry .-';} ,r ': ~ ~C; '-- .,,.J -~-r i . 7 i73 ' -~ J Z ~ J~ V ~s ~~~ r CERTIFICATE PREREQUISITE TO SERVICE OP A SIIBPOENA PIIRSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER TERM, -VS- CASE N0: 01-5228 HIPPENSTEEL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACR, 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: 06/25/2002 n beh of r B. CRA BLACK, ESQ. Attorney for DEFENDANT DE11-341728 8 9 4 4 9- L 1 4 r COI"II~iONWEALTH OF PENNSYLVAN=A C OUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MASCHMEYER -VS- HIPPENSTEEL NOTICE OF INTENT TC THINGS FOR BELVEDHRH MEDICAL CENTER TO: MICHAEL A. RORANDA,ESQDIRE TO TERM, CASE N0: 01-5228 MEDICAL RECORDS fi BILLING MCS on behalf of B. CRAIG BLACK, 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 ezpense by completing the attached counsel card and returning same to MCS or by contacting our local HCS office. DATE: 06/05/2002 CC: B. CRAIG BLACK, ESQ. - 8350-121 Any questions regarding this matter, contact MCS on behalf of B. CRAIG BLACK, ESQ. Attorney for DEFENDANT THE MCS GROIIP INC. 1601 MABRET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-189178 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • File No. 01-5228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: BELVEDERE MEDICAL CTR.FAMTLY PRACTICE 1Name of Person or Entity) Within twenty (20} days after service of this subpoena, you SEE ATtTACHEDe court to produce the following documents or things: at MCS GROUP INC., 1601 MAREKT ST, II800, PHILA.,PA 19103 MASCHMEYER HIPPENSTEEL VS (Address) 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 prepazing the copies ar 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: B. CRAIG BLACK, ESQ. ADDRESS: 2040 LTNGLESTOWN RD. STE. 302 TELEPHONE: 215-246-0900 ' SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT /yf BY HE COURT. DATE: / ~f ~d,./ ~U ~~ PnxhonotaryJCferk i ivision Pury Seal of the Court v EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BELVEDERE MEDICAL CENTER 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: 89449 CRAIG MATTHEW MASCHMEYER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: u to and including the present. Subject :CRAIG MATTHEW MASCHMEYER 1919 ESTHER DRIVE, CARLISLE, PA 17013 Social Security #: 195-68-8163 Date of Birth: 09-241973 SU10-378434 8 9 4 4 9- L 1 4 -. c~ ~ r~~ ;. r° -c~ ~r ~ Cri -- ' rt-Y i~~ gin _ - := .. :.~ ~ Y' ~; .~ ~ ~~ "`P e. ~ CERTIFICATE PREREQUISITE TO SERVICE OP A SUBPOENA PIIRSIIANT TO RULE 4009.22 IN THE MATTER OF: MASCHMEYER' -VS- HIPPENSTEEL COURT OF COMMON PLEAS TERM, CASE N0: 01-5228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL B. VOLK, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 01/29/2003 MICHAEL B. VOLK, ESQ. Attorney for DEFENDANT DE12-222749 8 9 4 4 9- L 1 5 7172386196 . 01/t29/2003 11:47 7172386190 01/29/2003 10:55 TOMASKO&KORANDA ~~ 1661 Market Stceat, Suite 806, Yh7adelphia pPTrNiV.~18 19163 ('215) 246 -0960 Faa Nnmber {2i,5) 246 -0959 [1RGE1VT3rr~r URGENTr~-~~ .rAiSani~ 2s, aoo3 c~ » r~sc>3a, • ~ ;.i•~i '~ PAGE 01 N0.881 D601 URGENTi:±:+. iR! 17a~'2 bfH7 Te't5:d }7f ih2 ~ aotiQ8E1 t0 C1N3ia IlpYaria7 C6 ~ eome~.tefl basis fsOm t8e kr1a+ listed ,•,~,+a; ~. hz a:n9pr to eooQ].y with this xequcaC ae ®zst base k~ si~atiae iadt®tiag tffit you raai..e the •Y~Y aatipe ~eriad provided in l~les 4009.21 and 4009.22. P9.~Se ~ this ~ to ~ 5amadiarEly at 1215) 246-0959 wish Yt%tC siyoat:Re 50 that we aay ~91.Y ~CY1 Chts x+enuest. Yan dim waldYe gct~tly ~ w,~,:.,,~ Siao>tely. S~lH PFZZLE . PIIS3~V S. ] Imo. C~ - ~ A-ZO Aid, D1A[~S[1C Pli,WS Camsel P4.CaiiS10; A. ApRPltB~,lv~1. (717 23 - 0 / Z ages to valve vaitSxg Y~o I131:8s /fZ9~~ Capi2s: YE3~ ~ I r]gtt+E to pay ttE iixvoicP ~ :dth tha its Z A~ ffi1t to valve sole; ~: .. RRxl-138385! 3 9 4 4 9- C 0 1 } C O MM ONW EAL T H O F P E NNS Y LVAN S A COUNT Y O F CUMBERLAND IN THR MATTER OF: CODRT OF COMMON PLEAS MASCHMBYBR -VS- HIPPENSTEEL TERM, CASE N0: 01-5228 AND MILTON S. ABRSHBY MED. CTR T0: MICHAEL A. RORANDA,BSQ. ANY AND ALL DIAGNOSTIC FILMS MCS on behalf of MICHABL B. VOLR, BSQ. 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: 01/29/2003 CC: MICHAEL B. VOLR, BSQ. - 8350-121 Any questions regarding this matter, contact MCS on behalf of MICHAEL B. VOLR, BSQ. Attorney for DSFBNDANT THS MCS GROIIP INC. 1601 MARRBT STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214361 8 9 4 4 9- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MASCMEYER HIPPENSTEEL -VS- File No. 01-5228 TO: CUSTODIAN OF RECORDS FOR: MILTON S. HERSHEY MEDICAL CENTER - (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103 (Address) 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 copiesor 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: MICHAEL S. VOLK, ESQ. ADDRESS: 20 0 LINGLEST04TN ROAD HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: THE DEFENDANT FE9 0 ~+ iliii3 DATE: ~ ~ Seal of the Court (EEf. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON S. HERSHEY MED. CTR 500 UNIVERSITY DR PO BOX 853 HERSHEY, PA 17033 RE: 89449 CRAIG MATTHEW MASCHMEYER A~+ and all diagnostic films and tests, inchuling but not limited to MRI films, CAT scans, EEGs, EKGs, EMGs, and subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: np to and includhig the present. Sabjed :CRAIG MATTB[EW MASCffi41EYER 1919 F.Sl'BEIt DRIVE, CARi.iCt.R~ pA 17013 Social Security #:.195-68-8163 Date of Birth: 09-24-1973 SII10-422284 5 9 4 4 9- L 1 5 .':.y 'Fsv'S4iP5bS~iM 3+! rA~9iY}t a-a. ~~E ~_ _~;u C'? c7 ~ ~' LtJ '.r m~ J ~~~N ! ~ _ L.. i ~ _ f ~ G (T< < T ~-; N :_~' '= "`> a ~~ Craig Maschmeyer, Plaintiff v. Marlin Hippensteel, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 01-5228 CIVIL ACTION -LAW WITHDRAWAL OF APPEARANCE Please withdraw my appearance, Michael B. Volk, Esquire, on behalf of Defendant, Marlin Hippensteel, Jr. in the above-captioned action. Respectfully submitted, McKissock & Hoffman, P.C. - ~~ By: ,, N,Nchael B. Volk, Esquire Attorney I.D. No. 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717)540-3400 Date: "7~/'03 f~. ~.... CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Withdrawal of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brian McCall, Esquire 219 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) McKissock & Hoffma ; P.C. `" BY: hael B. Volk, Esquire upreme Court LD. No. 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Marlin Hippensteel, Jr. Date: ~~J'~J n r= ~. ~~ ~..~ - T -~ 'Tti_„ L"7 7 'r- ~ ~' h_ Ua.. ~;- G __ fir'. _:.. _ ` Cn - ~ `~ C~ -~; ~~ ti Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 CRAIG MASCHMEYER, Plaintiff v. MARLIN HIPPENSTEEL, JR., Defendant v. JENNIFER MASCHMEYER, Additional Defendant TO THE PROTHONOTARY: Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01 •5228 JURY TRIAL DEMANDED PRAECIPE Kindly change the address and telephone number of John R. Ninosky; Esquire; counsel for Additional Defendant, to Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109, telephone (717) 761-4540.. Respectfully. submitted, Y, q Attorney LD. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 ~la'~ Attorneys for Additional Defendant DATE: ~~ 239060 JOHNSO DUFFIE, STEWART & WEIDNER By: hn R. Ninosk Es uir t Y CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on ~_Tla,~~?y Brian McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, Pa 17101 Attorneys for Plaintiff B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Attorneys for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER Joh R. Ninosky, Esquire I.D. #: 78000 P.O. Box 109 Lemoyne, PA 17043 (717)761-4540 jrn@jdsw.com Attorneys for Additional Defendant 239061 227181-1 '} ).r. ~~ SJ ca ~' 7 _= s? i - C~l _i: _ ~ ~T`. '~. __ G7 .'am ..rJ CrJ -_ C1 i=7 .~ C_ ~ ~.,3 ~u ` ` ' j ' ~ , ..: i . .i CRAIG M. MASCHMEYER, Plaintiff, vs. MARLIN L. HII'PENSTEEL, JR., Defendant, vs. JENNIFER MASCHMEYER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-5228 CIVIL ACTION -LAW Additional Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly mark the above-captioned action settled, discontinued and ended with prejudice. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 MICHAEL A. KORANDA PAID #58808 ~ 4 <~ 0 - ' ~, ~, ,., = ~ -~ __C~' ~ .Tr _ ~ Ri y' ..w „O~ ~ 1 „] 1~'' ..~ t ~ r' _: ~ _ u._ ~~ [.~