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HomeMy WebLinkAbout99-04254 V,14 1 i TS s rF1 S{1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YLVANIA Plaintiff(s) & Address(es): KEVIN D. and KATHLEEN A. SWAILES 205 S. Stoner Avenue Shiremanstown, PA 17011 Vs. CIVIL DIVISION Fite No. 9? ' ?/?Sy Defendant(s) & Address(es): RICHARD D. RIFE 3600 Logan Court, 6A Camp Hill, PA 17011 Civil Action - Law PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in _ trespass in the above case. X Writ of Summons shall be issued and forwarded to AfterneyfSheriff. Signa re mey John D. Briggs, Lsnui e Katherman, Martz &.Gailey 31 South Queen Street _ York, Pennsylvania- 17403 (717) 848-3838 Name/Address/Telephone Number of Attorney Date:_`-1_19.lg9__ Supreme Court IDNumber _ 52987 _ . - SUMMONS IN CIVIL ACTION TO: Richard D._Rife,36.00_Logan Court, 6A, Camp Hill, PA 17011 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date ? isf 1't4 ,r''.m?y> Prroothonotary/Clervciivil Division by `/(2, rct ?• v??Y?, /? Deputy 'IL, fog; N 10 n Q Eel, J C,d u ci ,p 10 SHERIFF'S RETURN - REGULAR CASE NO: 1999-04254 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SWAILES KEVIN D ET AL VS. RIFE RICHARD D DAVID E. MCKINNEY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RIFE RICHARD D the defendant, at 16:30 HOURS, on the 30th day of July 1999 at 3600 LOGAN COURT 6A CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to RICHARD D. RIFE a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answer Docketing 18.00 Service 8.06 Affidavit .00 Surcharge 8.00 II R-I omas ine, 5 eri ? b08/02/1999,(KATHERMAN by e u eri Sworn and subscribed t before me this / l0 °? day of ?,l-L 19 9c( A.D. ) o 0 o ary Jefferson J. Shipman, Esquire I.D. X51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant 11 a KEVIN D. and KATHLEEN A. IN THE COURT OF COMMON PLEAS OF SWAILES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. RICHARD D. RIFE, Defendant TO THE PROTHONOTARY: CIVIL ACTON - LAW NO. 99-4254 Civil Term . JURY TRIAL DEMANDED PRAECIPE Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days after service hereof, or suffer judgment of non pros. GOLDBERG, KATZMAN & SHIPMAN, P.C. J ferson J. Shipma , Esquire A torney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 DATE: S - 17 -1000 Attorneys for Defendant RULE TO: Kevin D. and Kathleen A. Swailes, Plaintiffs and John D. Briggs, Esquire, attorney for Plaintiffs A Rule is hereby issued upon Kevin D. and Kathleen A. Swailes, Plaintiffs, to file a Complaint within twenty (20) days of service hereof, or suffer judgment of non pros. DATE: tlrtis R. Long, Prot ary 41092.1 MX) ??_ C7 =. Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant KEVIN D. and KATHLEEN A. IN THE COURT OF COMMON PLEAS OF SWAILES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. RICHARD D. RIFE, Defendant TO THE PROTHONOTARY: CIVIL ACTON - LAW N0. 99-4254 Civil Term JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE : 3 -1'? -X0cbdw 41095.1 B Je f on J. Shipman Esquire Attorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on 3 . 1'7 - 26ee4b John D. Briggs, Esquire Katherman, Briggs & Greenberg 31 South Queen Street York, PA 17403 91094.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. 1M- J fferson J. Shipman, Esquire I.D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant L'- ?_ I!.Il __ (? i _ ? • - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YLVANIA CIVIL DIVISION KEVIN D. SWAILES and KATHLEEN A. CIVIL ACTION - LAW SWAILES, husband and wife, Plaintiff VS. RICHARD D. RIFE, NO. 99-4254 CIVIL Defendant JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without fiuther notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York, PA 17401 Telephone No. (717) 854-8755 Le han demandado a usted enla cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dins de plazo al partir de la fecha de la demands y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a ]as demandas encontra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL EINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York, PA 17401 Telephone No. (717) 854-8755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN D. SWAILES and KATHLEEN A. SWAH.ES, husband and wife, Plaintiff VS. RICHARD D. RIFE, Defendant CIVIL ACTION - LAW NO. 994254 CIVIL JURY TRIAL DEMANDED Plaintiffs, Kevin D. Swailes and Kathleen A. Swailes, by their attorney, John D. Briggs, files this Complaint, and states the following: PARTIES 1. Plaintiffs, Kevin D. Swailes and Kathleen A. Swailes, are adult individuals residing at 2055 Stoner Avenue, Shiremanstown, PA 17011. 2. Defendants, Richard D. Rife, is an adult individual residing at 3600 Logan Court, 6A, Camp Hill, PA 17011. 3. On or about July 14, 1997, at approximately 5:48 PM, Kathleen A. Swailes was the owner of a 1994 Buick Skylark. 4. At the aforesaid time and place, Kathleen Swailes was the operator of her 1994 Buick Skylark. 5. The Swailes vehicle was traveling East in a lane of traffic on Market Street in Cumberland County, PA. 6. At the aforesaid time and place, the Defendant, Richard D. Rife owned a 1994 Lincoln Town Car. 7. At the aforesaid time and place, Richard Rife was the operator of his 1994 Lincoln Towncar. 8. At the aforesaid time and place, the Defendant, Richard D. Rife, was also traveling East in a lane of traffic on Market Street Road in a 1994 Lincoln Towncar. 9. At the aforesaid time and place, the Defendant failed to bring his vehicle to a complete stop before striking the rear of Mrs. Swailes' vehicle, which caused her to strike the rear of the vehicle in front of her. 10. As a result of the collision initiated by the Defendant, Plaintiff, Kathleen Swailes, sustained serious and permanent personal injuries. COUNT I-NEGLIGENCE KATHLEEN SWAILES v RICHARD D RIFE 11. The allegations set forth in paragraphs 1 through 10 of Plaintiffs' complaint are incorporated herein by reference as though set forth in full. 12. At the time of the accident, Defendant Richard D. Rife owed Plaintiff a duty to operate his vehicle in a careful, prudent and reasonable manner. 13. The accident, the injuries and damages sustained by the Plaintiff are the direct and proximate result of the negligent, careless and reckless manner in which Defendant acted or failed to act in the following particulars: a) failing to make reasonable and prudent observations of the conditions then existing; b) operating the vehicle at an excessive rate of speed given the conditions and circumstances then existing; c) failing to maintain reasonable and proper control of the vehicle he was operating; d) operating his vehicle in violation of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. §3714 and 3361; e) failing to allow an assured clear distance within which to stop his vehicle; 2 0 failing to keep reasonable and proper attention to the roadway while operating the vehicle; g) failing to see that the vehicles in front of him were stopped; h) colliding with the rear of Plaintiffs vehicle; and i) failing to bring his vehicle to a stop before striking the rear to the Plaintiffs vehicle, causing her vehicle to be pushed into the vehicle in front of her, thus causing a chain reaction. 14. The carelessness, recklessness and negligence of the Defendant as hereinabove more fully described was a substantial factor in causing the aforesaid incident and resulting injuries and damages sustained by Plaintiff. 15. Kathleen Swailes' injuries include, but are not limited to, neck, back and knee/leg injuries and various other ills and injuries. 16. As a result of the Defendant's negligence, Plaintiff has incurred medical expenses in the treatment, medication, hospitalization and other miscellaneous expenses for her injuries and may continue to incur medical expenses in the future treatment of her injuries, for which a claim is asserted to the extent recoverable under the Motor Vehicle Financial Responsibility Law. 17. Asa result of the Defendant's negligence, Plaintiff has sustained or may sustain the following damages: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation, scarring and mental anxiety; c. Past and future incidental costs; d. Past and future loss of life's enjoyment; and, e. Past and future loss of earnings and earning capacity which has or may exceed the applicable limits of the Pennsylvania Motor Vehicle Responsibility Law. WHEREFORE, Plaintiff, Kathleen Swailes, demands judgment against Defendant, Sara H. Gannon, for compensatory damages in an amount in excess of $30,000.00 together with interest, costs of suit and delay damages. 18. Paragraphs 1 through 17 are incorporated herein as though fully set forth herein. 19. By reason of the injuries to Plaintiff Kathleen A. Swailes, Plaintiff Kevin D. Swailes has suffered great mental anguish by being forced to witness the suffering endured by his wife, whereby his own nerves and health have been seriously and permanently shocked, weakened, and impaired, and by reason of the physical and mental condition of his wife, Plaintiff husband still continues to suffer in mind and body, and has been denied the care, protection, consideration, companionship, aid, and society of his wife, and the pleasure and assistance of his wife in maintaining their household. WHEREFORE, Plaintiff Kevin D. Swailes demands judgment of Defendant Richard D. Rife in an amount in excess of $30,000.00, a sum in excess of compulsory arbitration. DATE: G , 2000 Respectfully submitted, KATHERMAN, BRIGGS ID #52987 Attorney for nl 31 S. Queen Street York, PA 17403 (717) 848-3838 C:ICLIENTSUENNIFERIS W AILESICOMPLA IH.001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN D. SWAILES and KATHLEEN A. CIVIL ACTION - LAW SWAILES, husband and wife, Plaintiff vs. RICHARD D. RIFE, NO. 99-4254 CIVIL Defendant JURY TRIAL DEMANDED VERIFICATION I verify that I am the attorney for the Plaintiff in this action. I verify that the averments made in the foregoing PLAINTIFFS COMPLAINT are true upon information received. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unswom falsification to authorities. Date: eIj1.i? '?,2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN D. SWAILES and KATHLEEN A. CIVIL ACTION - LAW SWAILES, husband and wife, Plaintiff Vs. RICHARD D. RIFE, NO. 99-4254 CIVIL Defendant JURY TRIAL DEMANDED I HEREBY CERTIFY that a true and correct copy of the foregoing PLAINTIFF'S C T has been mailed by Certified Mail, Return Receipt Requested this _ day of , 2000, to: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Katherman, Briggs & Greenberg By: of eggs, Esquire .52987 Attorney for Plaintiff 31 South Queen Street York, Pennsylvania 17403 (717) 848-3838 s 1? La w m 2 w w 0 0 - rc O W N N r m (J 0 IJ w 6 ; m as IF n 3Z">e f o: w x wxffuo•?offuo neroim•snim :ae woos Dui ?ruourHfsun aarurn a ?aswa r ?rss? arvssm Jefferson J. Shipman, Esquire I.D. 051785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant KEVIN D. and KATHLEEN A. IN THE COURT OF COMMON PLEAS OF SWAILES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTON - LAW VS. NO. 99-4254 Civil Term RICHARD D. RIFE, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: Plaintiffs and John D. Briggs, Esquire Katherman, Briggs & Greenberg 31 South Queen Street York, PA 17403 Attorneys for Plaintiffs You are hereby notified to plead to the within New Matter of Defendant within twenty (20) days of receipt hereof. Date: Vn/"00 GOLDBERG, KATZMAN & SHIPMAN, P.C. M . Jeirfe'fson J. Shipitan, Esquire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant KEVIN D. and KATHLEEN A. IN THE COURT OF COMMON PLEAS OF SWAILES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTON - LAW VS. NO. 99-4254 Civil Term RICHARD D. RIFE, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, RICHARD D. RIFE AND NOW, comes the Defendant, Richard D. Rife, by and through his counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter: PARTIES 1. Admitted. 2. Admitted, except as to the address. Mr. Rife resides at 325 Wesley Drive, Apt. 3115, in Mechanicsburg, Pennsylvania. OPERATIVE FACTS 3. Admitted. 9. Admitted. 5. Admitted. 6. Admitted. I 7. Admitted. 8. Admitted. 9. Admitted in part, denied in part. It is admitted only that there was contact between the vehicle operated by Defendant Rife and the vehicle operated by Plaintiff, Mrs. Swailes. The remaining averments of Paragraph 9, are conclusion of law and fact to which no response is required. 10. Denied. The averments contained in Paragraph 10 contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, it is specifically denied that the Plaintiff sustained any serious injury as a result of this accident. COUNT I - NEGLIGENCE KATHLEEN SWAILES v. RICHARD D. RIFE 11. The answering Defendant incorporates herein by reference his answers to Paragraphs 1 through 10 above as though fully set forth herein at length. 2 12. Denied. The averments contained in Paragraph 12 are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. 13. Denied. The averments contained in Paragraph 13, subparagraphs a. through i., contain conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. a. It is specifically denied that the Defendant failed to make reasonable and prudent observations of the conditions then and there existing; b. It is specifically denied that the Defendant operated his vehicle at an excessive rate of speed given the conditions and circumstances then existing; C. It is specifically denied that the Defendant failed to maintain reasonable and proper control over the vehicle he was operating; d. It is specifically denied that the Defendant operated his vehicle in violation of the Pennsylvania Motor Vehicle code, 75 Pa. C.S.A. §3713 and §3361; e. It is specifically denied that the Defendant failed to allow an assured clear distance ahead within which to stop his vehicle; 3 f. It is specifically denied that the Defendant failed to keep reasonable and proper attention to the roadway while operating the vehicle; g. It is specifically denied that the Defendant failed to see that the vehicles in front of him were stopped; h. It is specifically denied that the Defendant was negligent in allegedly colliding with the rear of the Plaintiffs' vehicle; and i. It is specifically denied that the Defendant was negligent in allegedly failing to bring his vehicle to a stop before striking the rear of the Plaintiff's vehicle, thereby allegedly causing her vehicle to be pushed into the vehicle in front of her, and thus allegedly causing a chain reaction. 14. Denied. The averments contained in paragraph 14 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 15. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15 relating to Plaintiff's alleged injuries and the same are 4 therefore denied. By way of further response, it is specifically denied that the Plaintiff suffered any serious injury. 16. Denied. The averments contained in paragraph 16 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as the truth of the remaining averments of Paragraph 16 relating to Plaintiff's alleged medical treatment and expenses and the same are therefore denied and strict proof demanded at the time of trial. 17. Denied. The averments contained in paragraph 17 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as the truth of the remaining averments of Paragraph 17 relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Richard D. Rife, respectfully request that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. 5 COUNT II-LOSS OF CONSORTIUM KEVIN D. SWAILES v. RICHARD D. RIFE 18. The answering Defendant incorporates herein by reference his answers to Paragraphs 1 through 17 above as though fully set forth herein at length. 19. Denied. The averments contained in paragraph 19 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as the truth of the remaining averments of Paragraph 19 relating to Plaintiff's alleged cause of action for loss of consortium. The same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Richard D. Rife, respectfully request that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and response the Defendant, Richard D. Rife, interposes the following New Matter defenses: 6 20. That any damages the Plaintiffs may be entitled to recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701 et. seq. 21. That the Plaintiffs' claims may be limited or barred by the limited tort option pursuant to 75 Pa.C.S.A. 91705 et. seq. 22. That the Plaintiffs' claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. §7102 et. seq. and by the Doctrine of Comparative Negligence. 23. That the Plaintiff, Kathleen Swailes, failed to exercise reasonable care for her own safety under the circumstances then and there existing. 24. That the Plaintiff, Kathleen Swailes, was comparatively negligent and failed to exercise reasonable care for her own safety which comparative negligence included, without limitation, the following: a. Failing to maintain control of her vehicle; b. Failing to drive her vehicle at a safe speed; C. operating her vehicle without due regard for the rights, safety and position of other vehicles on the roadway; d. Failing to maintain a proper look-out; 7 e. Traveling too fast for conditions then and there existing; f. Being inattentive to the conditions then and there existing; and g. Following another vehicle more closely than was safe and prudent under the circumstances. 25. That the Plaintiff's failure to exercise reasonable care for her own safety was a substantial factor in the happening of the accident. 26. That the Plaintiff's injuries and damages, if any, were not caused by any act, omission or breach of duty by answering Defendant. 27. That the Plaintiff's accident and any injuries sustained by him may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 28. That if it should be found that there was any negligence on the part of the answering Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiffs. 29. That this action may be barred by the applicable statute of limitations. 8 30. That the Plaintiffs' alleged cause of action may have been caused in whole or in part by an intervening, superceding cause. 31. That the accident may have been caused by a sudden emergency. 32. That the accident may have been unavoidable. WHEREFORE, the Defendant, Richard D. Rife, respectfully requests that judgment be entered in his favor and that Plaintiff' Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. 00 son J. Shipm , Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 51785 Attorneys for Defendants 9 APR 17 RFC'D VERIFICATION I, Richard D. Rife, hereby acknowledge that I am a Defendant in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. . Richard D. Rife H - IN -OO 42596.1 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document 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 at Harrisburg, Pennsylvania, with postage prepaid, first-class delivery and addressed as follows: John D. Briggs, Esquire Katherman, Briggs & Greenberg 31 South Queen Street York, PA 17403 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. : A VP.A.J.002? W Je ferson J. Shipma , Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 51785 Attorneys for Defendant DATE: gj17I20o. 71 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN D. SWAILES and KATHLEEN A. SWAILES, husband and wife, Plaintiff VS. RICHARD D. RIFE, Defendant CIVIL ACTION - LAW NO. 99-4254 CIVIL JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT' NEW MATTER 20 - 23. Denied. The averments contained in Paragraphs 20 - 23 contain conclusions of law to which no response is required. 24. Denied. The averments contained in Paragraph 24, subparagraphs a. through g., contain conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. a. It is specifically denied that the Plaintiff failed to maintain control of her vehicle; b. It is specifically denied that the Plaintiff failed to drive her vehicle at a safe speed; C. It is specifically denied that the Plaintiff operated her vehicle without due regard for the rights, safety and position of other vehicles on the roadway; d It is specifically denied that the Plaintiff failed to maintain a proper look out; e. It is specifically denied that the Plaintiff operated her vehicle at an excessive rate of speed given the conditions then and there existing; f. It is specifically denied that the Plaintiff was inattentive to the conditions then and there existing while operating her vehicle; g. It is specifically denied that the Plaintiff was following another vehicle more closely than was safe and prudent under the circumstances. By way of further answer, the Plaintiff was stopped at the time her vehicle was struck from behind by the Defendant, 25 - 32. Denied. The averments contained in Paragraphs 25 - 32 contain conclusions of law to which no response is required. Dated! ?2 Respectfully Submitted, KATHERMAN, BRIGGS & GREENBERG 11 - BY: JdIm D. BriggsPSsgyy ID #52987 G Attorney for Plaintiff 31 S. Queen Street York, PA 17403 (717) 848-3838 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN D. SWAILES and KATHLEEN A. CIVIL ACTION - LAW SWAILES, husband and wife, Plaintiff NO. 99-4254 CIVIL vs. RICHARD D. RIFE, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER has been mailed by First Class United States Mail this day of"L?, 2000, to: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Katherman, Briggs & Greenberg I.D. 52987 v - Attorney for Plaintiff 31 South Queen Street York, Pennsylvania 17403 (717) 848-3838 w w m z w w C w c o ca ?n W U) U n_ n 0 u 0 Q y W a $ m 0 n S Z 6i 00 e m w x "Y lw-AoMllo- lo'RIYY • lu alto +.NY01 'JNI'1VN011YNY31HI d111641Y 10 Nd61A10 Y'Won Us's 1W CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA i I PURSUANT TO RULE 4009.22'F l IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, RICHARD D. RIFE -VS- CASE NO: 99-4254 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J SHIPMAN, ESQUIRE defendant 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 the certificate, (3) No objection to the subpoena has been received, and suthe bpoena. which to serve identical the to of served intent is (4) ise attached subpoena which will the notice be DATE: 05/1512000 JEFFERSON J SHIPMAN ESQUIRE Attorney for DEFENDANT DE11-179974 2 6 9 6 2- L 03- C0MMOM4,EALTH OF PENNSYLVANIA COUNT Y OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 RICHARD D. RIFE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS HEALTHSOUTH REHABILITATION HSP NEUROLOGY CENTER COWLEY ASSOCIATES PENNSYLVANIA NEURQ ASSOC, LTD CENTRAL PENN PHYSICAL THERAPY ORTHOPEDIC INSTITUTE OF PENNA MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: JOHN D. BRIGGS, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04/25/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120070 2 6 9 6 2- C 0 1 CCiMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN D. 6 KATHLEEN SWAILES VS RICHARD D. RIFE File No. 99-4254 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB OF MECHANICSBURG (!tame of Peron or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SFE ATTACHFh at 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 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 FOLLOIN"ING PERSON: NAME JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID : ATTORNEY FOR: THE DEFENDANT BY THE COURT: DATE ;20 90VO Prothonotary/6 erk Civil Division IV Deputy' Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHABILITATION LISP OF MECHANICSBURG 175 LANCASTER BLVD MECHANICSBURG, PA 17055 RE: 26962 KATHLEEN SWAILES INCLUDE RECORDS OF MALIK MOMIN, M.D. Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject : KATHLEEN SWAILES 2055 STONER AVENUE, SM REMANSTOWN, PA 17011 Social Security N: 211-541321 Date of Birth: 10-29-1973 SU10-244994 26962-L01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE HATTER OF: KEVIN D. AND KATHLEEN SUAILES -VS- RICHARD D. RIFE COURT OF COHNON PLEAS TERN, CASE NO: 99-4254 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant 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 the 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: 05/15/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-179975 2-6962--l.02- COD7rIONWEALTH OF PENNSYLVAN=A COUNTY OF CUMB E RLAN D IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 RICHARD D. RIFE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS HEALTHSOUTH REHABILITATION HSP MEDICAL NEUROLOGY CENTER MEDICAL COHLEY ASSOCIATES MEDICAL PENNSYLVANIA NEURO ASSOC, LTD MEDICAL CENTRAL PENN PHYSICAL THERAPY MEDICAL ORTHOPEDIC INSTITUTE OF PENNA MEDICAL TO: JOHN D. BRIGGS, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04/25/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120070 2-59 62--COX COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN D. d KATHLEEN SWAILES VS File No. 99-4254 RICHARD D. RIFE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: NEUROLOGY 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 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 certifica:e 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: NAh4E JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: THE DEFENDANT BY THE COURT: p DATE: Oat. 020 UU2J Prothonotary/Cle rvil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NEUROLOGY CENTER 890 POPLAR CHURCH RD. SUITE 107 CAMP HILL, PA 17011 RE: 26962 KATHLEEN SWAILES INCLUDE RECORDS OF MARIA MICHALEK, M.D. 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 : KATHLEEN SWAILES 2055 STONER AVENUE, SHIREMANSTOWN, PA 17011 Social Security A 211-541321 Date of Birth: 10-29-1973 SU10-244996 2696 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: KEVIN D. AND KATHLEEN SNAILES -VS- RICHARD D. RIFE COURT OF COMMON PLEAS TERM, CASE NO: 99-4254 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant 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 the 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: 05/15/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE1.1-179976 2-6962--]L.03 C0tIT20NWEALTH OF PENNSYLVANXA COUNT 'Y' OF C UMB E KLAN D IN THE NATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 RICHARD D. RIFE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS HEALTHSOUTH REHABILITATION HSP NEUROLOGY CENTER COWLEY ASSOCIATES PENNSYLVANIA NEURO ASSOC, LTD CENTRAL PENN PHYSICAL THERAPY ORTHOPEDIC INSTITUTE OF PENNA. MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: JOHN D. BRIGGS, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office- DATE: 04/25/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120070 2-6962--C,-03- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN D. & KATHLEEN SWAILES VS File No. 99-4254 RICHARD D. RIFE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: COWLEY ASSOCIATES (Name of Penon or Entity) Within twenty (20) days after service of this sub things: you are ordered by the court to produce the following documents or TTACHED at 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 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 OFTHE FOLLOWING PERSON: NAME JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREAfE COURT ID :: ATTORNEY FOR: THE DEFENDANT BY THE COURT: h-' DATE l?,.I a o o7(!dU Pmthon/olary/y erk%ivil Division (I 1i OG ? Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COWLEY ASSOCIATES PLAZA 21, SUITE 2-1 425 N. 21ST STREET CAMP HILL, PA 17011 RE: 26962 KATHLEEN SWAILES INCLUDE RECORDS OF STEVEN A. PROPHET, M.D. 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 : KATII]LEEN SWAILES 2055 STONER AVENUE, SHIREMANSTOWN, PA 17011 Social Security #: 211-54-1321 Date of Birth: 10-29-1973 SU10-244998 26962-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COHKON PLEAS KEVIN D. AND KATHLEEN SNAILES TERM, -VS- CASE NO: 99-4254 RICHARD D. RIFE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant 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 the 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: 05/15/2000 JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DE11-179977 2 6 9 6 2- L 04 COMMONWEALTH OF P E NN S Y1-VAN =A COUNTY OF C UMB E RI-AND IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 RIC:-?J) D. RIFE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS HEALTHSOUTH REHABILITATION HSP MEDICAL NEUROLOGY CENTER MEDICAL COWLEY ASSOCIATES MEDICAL PENNSYLVANIA NEURO ASSOC, LTD MEDICAL CENTRAL PENN PHYSICAL THERAPY MEDICAL ORTHOPEDIC INSTITUTE OF PENNA MEDICAL TO: JOHN D. BRIGGS, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04/2512000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120070 269621-C01. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN D. 6 KATHLEEN SWAILES VS RICHARD D. RIFE File No. 99-4254 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PENNSYLVANIA NEUROLOGICAL ASSOC., LTD (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 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 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 JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID ;: ATTORNEY FOR. THE DEFENDANT BY THE COURT: y/-?; DATE /.l. n L), aU? Prothonatar , r ivil Division ?f JAL L4 ?CIN Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENNSYLVANIA NEURO ASSOC, LTD 108 LOWTHER STREET LEMOYNE, PA 17043 RE: 26962 KATHLEEN SWAILES 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 : KATHLEEN SWAH.ES 2055 STONER AVENUE, SHIREMiANSTOWN, PA 17011 Social Security N: 211-541321 Date of Birth: 10-29-1973 SU10-245000 26962-1,04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SNAILES TERM, -VS- CASE NO: 99-4254 RICHARD D. RIFE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE defendant 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 the 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: 05/15/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-179978 2 6 9 62--T,0.5 COMMON- EALTH OF PENN SYIV-A-NTA COUNTY OF CLIMBERLAND IN THE FATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 R---C .?J1 D. RIFE NOTICE OF INTENT TO SERVE A SIJBPOENA TO PRODUCE DOCUMENTS HEALTHSOUTH REHABILITATION HSP NEUROLOGY CENTER COWLEY ASSOCIATES PENNSYLVANIA NEURO ASSOC, LTD CENTRAL PENN PHYSICAL THERAPY ORTHOPEDIC INSTITUTE OF PENNA MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: JOHN D. BRIGGS, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04125/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 MCS on behalf of JEFFERSON J SHIPMAN. ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-120070 2-6962--C:03- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN D. 6 KATHLEEN SWAILES VS File No. 99-4254 RICHARD D. RIFE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CENTRAL PENN PHYSICAL THERAPY (Name of Person or Entity) Within twenty (20) days after service of this sub things: you are ordered by the court to produce the following documents or TTACHED at NCS 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 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 JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID ATTORNEY FOR. THE DEFENDANT BY THE COURT: ( 0 t"71 DATE (1 6h s -!/ 1?202n) Prothonotary/Cle C, -it Division QG.yu... Lr np Depury Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTRAL PENN PHYSICAL THERAPY 875 POPLAR CHURCH ROAD SUITE 100 CAMP HILL, PA 17011 RE: 26962 KATHLEEN SWAILES 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 : KATHLEEN SWAILES 2055 STONER AVENUE, SHIREMANSTOWN, PA 17011 Social Security P 211-541321 Date of Birth: 10-29-1973 A? L;:fiy h p,f i.? ap p, SU10-245002 26962-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 RICHARD D. RIFE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant 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 the 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 attacked to the notice of intent to serve the subpoena. DATE: 05/15/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-179979 2 6 4 6 2- L 06 C OMMO NWEAL T H OF P E NN S YL VAN TA COUNTY OF C UMB E RLAN D IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 RIC!-L4RD D. RIFE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS HEALTHSOUTH REHABILITATION HSP MEDICAL NEUROLOGY CENTER MEDICAL COWLEY ASSOCIATES MEDICAL PENNSYLVANIA NEURO ASSOC, LTD MEDICAL CENTRAL PENN PHYSICAL THERAPY MEDICAL ORTHOPEDIC INSTITUTE OF PENNA MEDICAL TO: JOHN D. BRIGGS, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04/2512000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120070 2-6962--C03- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN D. 6 KATHLEEN SWAILES VS File No. 99-4254 RICHARD D. RIFE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PENNSYLVANIA (.Name of person or Entin•) Within twenty (20) days after service of this subpoena things: SEE by the court to produce the following documents or at 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. 1•ou have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If }'ou 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 FOLLOt-,`ING PERSON: NAME -JEFFERSON J. SHIPMAN. ESOUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE (215) 246-0900 SUPREME COURT ID r: ATTORNEY FOR: THE DEFENDANT BY THE COURT: ?.,.&' n.. ra..' DATE &,:0 4 o .2m Pmlhonno?otary/Cloirl? ivil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTIIOPEDIC INSTITUTE OF PENNA 875 POPLAR CHRUCH ROAD CAMP HILL, PA 17011 RE: 26962 KATHLEEN SWAILES 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 : KATHLEEN SWAILES 2055 STONER AVENUE, SHIREMANSTOWN, PA 17011 Social Security M 211-54-1321 Date of Birth: 10-29-1973 SU10-245004 26962-L06 Y tf, r; Lr. P,. p., U v tJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN D. SWAILES and KATHLEEN A. CIVIL ACTION - LAW SWAILES, husband and wife, Plaintiff Va. RICHARD D. RIFE, NO. 99-4254 CIVIL Defendant JURY TRIAL DEMANDED I HEREBY CERTIFY that a true and correct copy of the foregoing PLAINTIFF'S ANSWER TO DEFENDANT'S INTERROGATORIES and REQUEST FOR PRODU TION OF DOCUMENTS has been mailed by First Class United States Mail this day of 2000, to: ' Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Katherman, Briggs & Greenberg Attorney for Plaintiff South Queen Street York, Pennsylvania 17403 (717) 848-3838 :! ? f r B y: hn D Y B ?g I31 .D. 52987 ._ nr, r ?_f tr. '" U ? <?! ,. (`...' ?.:? 1., CI ?~? ?. C, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE HATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SAAILES TERN -VS- CASE NO: 99-4254 RICHARD D. RIFE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant 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 the 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: 06/27/2000 / S / q a&140'n 8 M -P' n)arJ, Jyr JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-189100 26962--L.07 COMMONWEALTH C >F PENNSYLVANIA COUNTY OF CUMBERLAND IN THE FATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 RICHARD D. RIFE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JAMES L. WHARTON, D.C. OTHER BECKER CHIROPRACTIC OTHER ORTHO. SURGEONS OF CENTRAL PA. OTHER NATIONWIDE INSURANCE COMPANY INSURANCE TO: JOHN D. BRIGGS, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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 HCS office. DATE: 06/07/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN D. 6 KATHLEEN SWAILES VS File No. 99-4254 RICHARD D. RIFE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JAMES L. WHARTON, D.C. (Name of Person or Entih•) 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 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 parry 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 _JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE (215) 246-0900 SUPREME COURT ID: ATTORNEY FOR: THE DEFENDANT X7/2000 DATE Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JAMES L. WHARTON, D.C. 5257 E. SIMPSON FERRY RD. MECHANICSBURG, PA 17055 RE: 26962 KATHLEEN SWAILES INCLUDE ALL MEDICAL RECORDS FROM VERY FIRST OFFICE VISIT TO THE PRESENT INCLUDING DOCTOR'S REPORTS/RECORDS; HOSPITAL RECORDS,/ RECORDS REPORTS, X-RAY REPORTS/MRI REPORTS, PHYSICAL THERAPY REPORTS/RECORDS. Subject : KATHLEEN SWAILES 2055 STONER AVENUE, SHIREMANSTOWN, PA 17011 Social Securityk: 211-541321 Date of Birth: 10-29-1973 SU10-251266 2 6 9 6 2- 1,0 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: KEVIN D. AND KATHLEEN SNAILES -VS- RICHARD D. RIFE COURT OF COMMON PLEAS TERM, CASE NO: 99-4254 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE defendant 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 the 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: 06/27/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-189101 2 6 9 6 2- L O B COMMONWEALTH OF PENNSYI VAN=A COUNTY OF CUMBEI2I.AND IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 RICHF?D D. RIFE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JAMS L. WHARTON, D.C. OTHER BECKER CHIROPRACTIC OTHER ORTHO. SURGEONS OF CENTRAL PA. OTHER NATIONWIDE' INSURANCE COMPANY INSURANCE TO: JOHN D. BRIGGS, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 06/0712000 CC:* JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE HCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN D. 6 KATHLEEN SWAILES VS File No. 99-4254 RICHARD D. RIFE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: BECKER CHIROPRACTIC (Name of Person or Fntity) 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 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 copies or producing the things sought. If you fall 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 JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE (215) 246-0900 SUPREME COURT ID : ATTORNEY FOR: THE DEFENDANT 6/27/2p 0 BY DATE ?_J L Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BECKER CHIROPRACTIC 501 MARKET STREET LEMOYNE, PA 17043 RE: 26962 KATHLEEN SWAILES ALL MEDICAL RECORDS FROM VERY FIRST OFFICE VISIT TO THE PRESENT INCLUDING DOCT'ORS' REPORTS/RECORDS; HOSPITAL RECORDS/REPORTS, X-RAY REPORTS/MRI REPORTS; PHYSICAL THERAPY REPORTS/RECORDS. Subject : KATHLEEN SWAU ES 2055 STONER AVENUE, SHIREMANSTOWN, PA 17011 Social Security A 211-54-1321 Date of Birth: 10-29-1973 SU10-250908 26962-1,08. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22•F IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 RICHARD D. RIFE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant 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 the 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: 06/27/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT 11-1 C0MMONW1;A1-TH OF PENNSYLVANTA COUNT Y O E7 CUMBERLAND IN THE. HATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 RICHARD D. RIFE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JAMES L. WHARTON, D.C. OTHER BECKER CHIROPRACTIC OTHER ORTHO. SURGEONS OF CENTRAL PA. OTHER NATIONWIDE INSURANCE COMPANY INSURANCE TO: JOHN D. BRIGGS, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a rubpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 06/0712000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 HCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE HCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN D. 5 KATHLEEN SWAILES VS File No. 99-4254 RICHARD D. RIFE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ORTHO. SURGEONS OF CENTRAL PA. (game of Person or Fnrity) 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 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 copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenh• (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 JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE (215) 246-0900 SUPREME COURT ID :: ATTORNEY FOR: THE DEFENDANT nI 6/27/2000 DATE ILA L/11 Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHO. SURGEONS OF CENTRAL PA. 99 NOVEMBER DRIVE CAMP HILL, PA 17011 RE: 26962 KATHLEEN SWAILES ALL MEDICAL RECORDS FROM VERY FIRST OFFICE VISIT TO THE VISIT TO THE PRESENT INCLUDING DOCTORS' REPORTS/RECORDS; HOSPITAL RECORDS/REPORTS, X-RAY REPORTS/MRI REPORTS; PHYSICAL THERAPY REPORTS/RECORDS ETC. INCLUDING RECORDS FROM: WILLIAM POLACHECK, JR. Subject : KATHLEEN SWAHXS 2055 STONER AVENUE, SHIR MANSTOWN, PA 17011 Social Security A 211-541321 Date of Birth: 10-29-1973 SII10-250910 26962-L.09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: KEVIN D. AND KATHLEEN SUAILES -VS- RICHARD D. RIFE COURT OF COMMON PLEAS TERM, CASE NO: 99-4254 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was smiled 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 the certificate, (3) No objection to the subpoena has been received, and suthe bpoena. which to serve identical the to of served intent is (4) is attached subpoena which will the notice be DATE: 06/27/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEI1-189103 2 6 9 6 2- L 3-0 C OMMO NWEAL TH OF P E NN S YLVAN TA COUNTY 017 CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES TERM, -VS- CASE NO: 99-4254 RICHARD D. RIFE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JAMES L. WHARTON, D.C. OTHER BECKER CHIROPRACTIC OTHER ORTHO. SURGEONS OF CENTRAL. PA. OTHER NATIONWIDE INSURANCE COMPANY INSURANCE TO: JOHN D. BRIGGS, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 06/0712000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 HCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-123806 2 6 9 6 2- 0 0 1 COMMON7VrTALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN D. S KATHLEEN SWAILES VS File No. 99-4254 RICHARD D. RIFE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: CUSTODIAN OF RECORDS FOR: NATIONWIDE INSURANCE COMPANY (.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 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 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 JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE (215) 246-0900 SUPREME COURT ID ;: _ ATTORNEY FOR. THE DEFENDANT Amp. 6/27/2000//? \ ?L -- - n?nry/c r I DATE r r?1 1 /? ?_ / Y wr Pm7o 1 Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR NATIONWIDE INSURANCE COMPANY 1000 NATIONWIDE DR. HARRISBURG, PA 17110 RE: 26962 KATHLEEN SWAILES ENTIRE FIRST PARTY FILE FOR 58 37 C 737453 INCLUDING ALL MEDICAL RECORDS, LISFI ING OF ALL MEDICAL BILLS PAID TO DATE; WAGE LOSS PAID; ETC. Any and all claims files. Dates Requested: up to and including the present. Subject: KATHLEEN SWAILES 2055 STONER AVENUE, SBIREMANSTOWN, PA 17011 Social Security A 211-54-1321 Date of Birth: 10-29-1973 Date of Loss: 07/14/1997 SU10-250912 26962-L10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN D. SWAILES and KATHLEEN A. CIVIL ACTION - LAW SWAILES, husband and wife, Plaintiff NO. 99-4254 CIVIL VS. RICHARD D. RIFE, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PLAINTIFF'S FIRST SET OF INTERROGATORIES and REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT has been mailed by First Class United States Mail this W day of Fft f[)V?l 2000, to: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Katherman, Briggs & Greenberg By ohn ire ttome A 87 Attome r amtiff 31 South Queen Street York, Pennsylvania 17403 (717)848-3838 C -. L'J C7 M 7 C74 T. Z, ccz a. o =i 0 o v CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KEVIN D. AND KATHLEEN SWAILES _VS_ RICHARD D. RIFE COURT OF COMMON PLEAS TERM, CASE NO: 99-4254 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. L?eER_ beif DATE: 04/17/2001 IRE Attorney for DEFENDANT DE11-246477 2 6 9 6 2- L 1 1 C OMMO NWEAL T H OP P E NN S YLVAN =A COUNTY OP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES -VS- RICHARD D. RIFE OF COWLEY ASSOCIATES MEDICAL LAURIE A. COX,M.D., MEDICAL L. G. GUISER, M.D. MEDICAL TERM, CASE NO: 99-4254 CIVIL TO: JOHN D. BRIGGS, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed 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: 03/26/2001 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148426 2 6 9 6 2- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.a.\'D KEVIN D.SWAILES 5 KATHLEEN SWAILES VS RICHARD D. RIFE File No. 99-4254 CIVIL SUBPOENA TO PRODUCE DOCUME\TS OR THINGS FOR DISCOVERY PURSUA_\TTO RULE 4009 ?+ TO: CUSTODIAN OF RECORDS FOR: COWLEY MEDICAL ASSOCIATES (.dame of Person ar cndte) Within rwe.-n• (20) davs after service of this subpoena, you are ordered by the court to produce the following documents or things: at mrq P N 1601 MARKET ST. 11800 PHILA. PA 19103 IAddras) 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 nuonable cost of preparing the copies or producing the thing sought. If You fail to roduce the documents or things required by this subpoena, within rwenry (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with is THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME J FF R 9E H F eN ESU ADDRESS: PO BX 1268 HARRISBURG, PA 17108 TELEPHONE of s_??a_nonn SUPREAfE COURT ID x: ATTORNEY FOR. _nFFRNnANT _ B COURT DATE: //?2ga ?j r tr+°'=t ll?hd.t Rathonetary/QGvvision De 1M Seal of the Court (Eff. 7191) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COWLEY ASSOCIATES PLAZA 21, SUITE 2-1 425 N. 21ST STREET CAMP HILL, PA 17011 RE: 26962 KATHLEEN SWAILES COPY ANY AND ALL RECORDS. 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 : KATHLEEN SWAILES 2055 STONER AVENUE, SHIREMANSTOWN, PA 17011 Social Security N: 211-54-1321 Date of Birth: 10-29-1973 SU10-296706 2 6 9 6 2- 1- 1 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KEVIN D. AND KATHLEEN SWAILES -VS- RICHARD D. RIFE COURT OF COMMON PLEAS TERM, CASE NO: 99-4254 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/17/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-246478 2 6 9 6 2- L 3. 2 COMD40NrdEAL11711 OF PENNSYLVANIA COTJNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES -VS- RICHARD D. RIFE COWLEY ASSOCIATES MEDICAL LAURIE A. COK,M.D., MEDICAL L. G. GUISER, M.D. MEDICAL TERM. CASE NO: 99-4254 CIVIL TO: JOHN D. BRIGGS, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed 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: 03/26/2001 CC: JEFFERSON J. SHIPMAN. ESQUIRE - 22740-903 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 0800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148426 2 6 9 6 2- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OFCUMBERLA_N D KEVIN D.SWAILES & KATHLEEN SWAILES VS File No. 99-4254 CIVIL RICHARD D. RIFE SUBPOENA TO PRODUCE DOCUME\-TS OR THINGS FOR DISCOVERY PURSUA_\T TO RULE 4009 '') TO: CUSTODIAN OF RECORDS FOR: LAURIE A.COX, M.D. (%ame of Peron or cndty) Within rw•e--v (20) davs after service of this subpoena, you me ordered by the court to produce the following documents or things. RFF ATTACHFD 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 patty 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 =oduce the documents or things required by this subpoena, within twenty (20) davs after its service, the party serving this subpoena may seek a court order compelling you to comply with ft- THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME- JEFFERSON J. SHIPMAN, ESQ. ADDRESS: PO BX 1268 HARRISBURG, PA 17108 TELEPHOX_ ?ts_?A?_nonn SUPREME COURT 1D N: ATTORNEY FOR- DEFENDANT DAM -71 2-081 Seal of the Court ?J EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LAURIE A. COX,M.D., HCR 67 P.O. BOX 6A, MIFFLIN,, PA 17058 RE: 26962 KATHLEEN SWAILES COPY ANY AND ALL RECORDS. 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 : KATHLEEN SWAILES 2055 STONER AVENUE, SHIREMANSTOWN, PA 17011 Social Security!!: 211-54-1321 Date of Birth: 10-29.1973 SU10-296708 26962-1, 12 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KEVIN D. AND KATHLEEN SWAILES -VS- RICHARD D. RIFE COURT OF COMMON PLEAS TERM, CASE NO: 99-4254 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/17/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-246479 2-6 9 6 2- L 3L3 C OMMO NWEAL T H O EP P E N N S YLVAN =A COUNTY OP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KEVIN D. AND KATHLEEN SWAILES -VS- RICHARD D. RIFE COWLEY ASSOCIATES MEDICAL LAURIE A. COK,M.D., MEDICAL L. G. GUISER, M.D. MEDICAL TERM, CASE NO: 99-4254 CIVIL TO: JOHN D. BRIGGS, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed 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: 03126/2001 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-903 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148425 2 6 9 6 2- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.A\D KEVIN D.SWAILES 6 KATHLEEN SWAILES VS ' File No. 99-4254 CIVIL RICHARD D. RIFE SUBPOENA TO PRODUCE DOCUMEN'T'S OR THINGS FOR DISCOVERY PURSUA_-T TO RULE 4009? TO: CUSTODIAN OF RECORDS FOR: LYNN G. GUISER, M.D. (Name of N'i:hin rwery (20) days after service of this subpoena, things: 4FF or Entity) are ordered by the court to produce the following documents or r.HFf) at wrc r.ROUP TN 1601 MARKET ST 11800 PHILA PA 19103 (Addms) You may deliver or mail legible copies of the documents or produce things reonested 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 r_ THIS SUBPOENA WAS ISSUED AT T'rIE REQUEST OF THE FOLLOWING PERSON: NAME- JEFFERSON J SHIPMAN ESO ADDRE-45: PO BX 1268 HARRISBURG. PA 17108 TELEPHON_ its-IAA-nonn SUPREtifE COURT ID M: ATTORNEY FOR: nFFFNnANT BY IE COURT: DATE. M72_.-_ fkothonotary/C3eryk?' ivision r r 0? n O D!o N Seal of the Court _..."/91 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: L. G. GUISER, M.D. 4 INDUSTRIAL PARK ROAD PO.BOX #185 MIFFLINTOWN, PA 17059 RE: 26962 KATHLEEN SWAILES COPY ANY AND ALL RECORDS. Any and all records, correspondence, tiles 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 : KATHLEEN SWAILES 2055 STONER AVENUE, SHIREMANSTOWN, PA 17011 Social Security#: 211-54-1321 Date of Birth: 10-29-1973 SU10-296710 2 69 6 2-L.3- 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN D. SWAILES and KATHLEEN A. SWAILES, husband and wife, Plaintiff NO. 99-4254 CIVIL CIVIL ACTION - LAW Vs. RICHARD D. RIFE, Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman. P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Notice is hereby given that, pursuant to Pa.R.C.P. 4007.1 of the Pennsylvania Rules of Civil Procedure, the deposition of Richard D. Rife will be taken for the purpose of discovery and for use at trial at Goldberg, Katzman & Shipman, P.C., 320 Market Street, Strawberry Square, Harrisburg, PA 17108 on Monday, July 23, 2001 at 10:00 a.m. and at any and all adjournment thereof. The person to be deposed is directed to bring to the deposition any and all documents that are relevant to the above captioned case. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP DATED: July 9, 2001 By: 0/5 - o n D. Briggs, Esquire 31 South Queen Street York. PA 17403 Ph. 717-848-3838 Supreme Ct. ID No. 452987 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YLVANIA CIVIL DIVISION KEVIN D. SWAILES and KATHLEEN A. CIVIL ACTION - LAW SWAILES, husband and wife, Plaintiff NO. 99-4254 CIVIL Vs. RICHARD D. RIFE, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF DEPOSITION has been mailed this 9" day of July, 2001, to: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Katherman, Briggs & Greenberg By: Ql? J h D. Briggs, Esquire 1.8f. 52987 Attorney for Plaintiff 31 South Queen Street York, Pennsylvania 17403 (717) 848-3838 KEVIN D. and KATHLEEN A. SWAILES, Plaintiffs VS. RICHARD D. RIFE, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW N0. 99-4254 Civil Term JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. Katherman, Briggs & Greenberg By n B ggs, E i e 31 South Queen e York, PA 1740 Attorneys for Plaintiffs DATE : 114ox 1: 1 1 rl ! J