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Home My WebLink About99-05699i Al 't C7?1 TIMOTHY KINER Plaintiff V. MATTHEW ROWLES, a minor, DAVID ROWLES and BRIDGET ROWLES, Co-Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . 5co99 NO. 99- CIVIL TERM JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 TIMOTHY KINER Plaintiff V. MATTHEW ROWLES, a minor, DAVID ROWLES and BRIDGET ROWLES, Co-Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW S(og9 NO. 99- CIVIL TERM COMPLAINT The above-referenced Plaintiff, Timothy Kiner, by his attomeys, The Law Offices of Paul Bradford Orr, Karl E. Rominger, Esquire, respectfully sets forth the following cause of action: 1. Plaintiff is an adult individual residing therein at 295 Kutz Road, Apartment 1, Carlisle, Cumberland County Pennsylvania 17013. 2. Co-Defendant, Matthew D. Rowles is believed to be a minor individual residing with his parents at 1211 White Birch Lane, Carlisle, Cumberland County Pennsylvania 17013. 3. Co-Defendant, David Rowles is an adult individual believed to be residing at 1211 White Birch Lane, Carlisle, Cumberland County, Pennsylvania 17013. 4. Co-Defendant, Bridget Rowles is an adult individual believed to be residing at 1211 White Birch Lane, Carlisle, Cumberland County, Pennsylvania 17013. 5. On or about October 17, 1997 Plaintiff was a passenger in a Chevrolet Spectrum automobile which was involved in the accident described herein. 6. On the aforesaid date, Co-Defendant Matthew D. Rowles was the driver of a Subaru Impreza automobile which was involved in the accident described herein, the VIN number believed to be JF1GF6351SH813672. 7. On the aforesaid date, Plaintiff was riding along Walnut Bottom Road, Carlisle Borough, Cumberland County, Pennsylvania at a point approximately located at the point where route 81 intersects Walnut Bottom Road, when the vehicle was struck nearly head on by the Co-Defendant's motor vehicle. 8. At the time of the accident described herein, Plaintiffs vehicle was lawfully proceeding through the intersection. 9. The accident was directly and proximately caused by the negligence and carelessness of the Defendant, which consisted, among other things, the following: a. operating his motor vehicle in a careless, reckless, and negligent manner; b. operating his motor vehicle at an excessive rate of speed under the circumstances; C. operating his vehicle with no warning of approach or intended direction; d. not having his motor vehicle under proper control so as to stop said vehicle within the assured clear distance ahead (75 Pa C.S. 3361); e. operating his motor vehicle without due regard to the right, safety, and position of the Plaintiff, f. failing to have his motor vehicle under proper control so as to prevent his vehicle from striking the Plaintiffs motor vehicle; g. failing to keep a proper lookout; h. failing to use due care under the circumstances; 4 i. failing to notice the motor vehicle of the Plaintiff; SC j. upon noticing the motor vehicle of the Plaintiff, failing to yeild the right-of-way to the Plaintiffs vehicle; k. failing to take evasive action in order to avoid impacting the Plaintiff's vehicle; 1. failing to apply his brakes in sufficient time to avoid striking Plaintiffs almost stationary car; m. operating his motor vehicle in disregard of the rules of the road, the ordinances of Carlisle Borough, and the laws of the Commonwealth of Pennsylvania, including but limited to, the Motor Vehicle Code; n. and negligent per se in failing to stop at a red light as required by 75 P.a,C.S. Section 31 12 and/or other applicable Statutes of the Commonwealth. 10. At all times material hereto, Plaintiff acted with due care and was not contributorily negligent. COUNTI PLAINTIFF VS. CO-DEFENDANT MATTHEW ROWLES. A MINOR 11, Plaintiff incorporates by reference all the preceding paragraphs in the Complaint as if each and everyone were individually set forth within this Count. 12. As a result of Co-Defendant's negligence, Plaintiff sustained the following injuries, some of which may be permanent: scaring to the face and head; neurological damage to the brain and central nervous system; strain and sprain to the muscles, soft tissues of the neck, spine, shoulders, and head regions; headaches; a concussion; radiating pain; general bruises and contusions; frequent lapses in short term and long term memory. 13. Asa result of Co-Defendant's negligence, Plaintiff has suffered great bodily pain and suffering, as well as mental anxiety and nervousness to his great detriment and loss. 14. As a result of Co-Defendant's negligence, Plaintiff has sustained serious and permanent injury for the treatment for which he has incurred medical bills and expenses in excess of $5,000.00 and will most likely require long term follow-up care and monitoring for his memory lapses. 15. As a result of Co-Defendant's negligence, Plaintiff has suffered a loss of earnings and/or an earning capacity in excess of $12,000.00. 16. Asa result of Co-Defendant's negligence, Plaintiffhas suffered memory lapses and losses wh ich have lead him to have bouts of anxiety and caused him to forget where he has places mundane items, and put him in fear that he may accidently hurt himself or another as a direct result of these memory losses. 17. Plaintiff has made demand for compensation of the aforesaid injuries and losses, which Defendant has failed or refused and still refuses to pay. WHEREFORE, Plaintiff demandsjudgment against Co-Defendant Matthew Rowles in an amount in excess of $100,000.00, exclusive of interest and costs. COUNT 11 PLAINTIFF V. DAVID ROWLES AND BRIGET ROWLE 18. Plaintiff incorporates all the preceding paragraphs in this Complaint as if each an everyone is individually set forth within this Count. 19. As a result of Co-Defendant David Rowles and Bridget Rowle's negligence, Plaintiff has suffered damages both medical, economic, mental, emotional, and physical as laid out in particularity in Count I, and incorporates herein. 20. Co-Defendant's were negligence in that: a. they allowed or caused their motor vehicle to be operated in a negligent fashion; b. they were aware or had reason to be aware that Co-Defendant Matthew Rowles would operate the vehicle in a negligent fashion as they were negligent in entrusting their vehicle to a minor; C. they were negligent entrusting their vehicle to Co-Defendant Matthew Rowles given their previous knowledge and observations of his driving; d. they were responsible for the supervision and actions of Co-Defendant Matthew Rowles; e. they allowed Matthew Rowles to conduct himself in a dangerous and negligent fashion; 21. as a result of Co-Defendant's negligence, Plaintiff has suffered a disruption of this daily habits and pursuits and a loss of enjoyment of life as laid out in particularity in Count I of this Complaint Wherefore, Plaintiff demands judgment against Co-Defendants in an amount in excess of $100,000.00, exclusive interests and cost. By: THE LAW OFFICES OF PAUL BRADFORD ORR Date: SPT?6 lf% Karl E. Rominger, Esq. Law Offices of Paul Bradford Orr Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 81924 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: ?-"?-- Timothy mer, Plaintiff CJ', L Ll- r.. (i ll ill ? ) i 0 r r U) LO 6° /Z 4 ? Ki. CLI rill IP4? f? 0, 1 Y_I ya ?f yLayd. 2 ?5 yrv?l J La ? y`w• ?Ail v G? Cv r'a 7' F C) r^?i M ? .. I "h a YP?J ? ?, r 'lPr ii r. Y+ 6 5 G ? l .?ha .i. . rt fib, {}?rt(1 rc ?° r'p?>?t# t Tt A4_ t e p r t 1ryj?A? v {{. ?° ) M Y 1. ?{yyt 1 [??y d?W?? ? 9?j ( p, ? lldpdCyr I t ?:, o?yf• di}• * wt bY. t V ?INu it kk r. j1C el ?y a. ? ». ,f, (? {ZI t ` m N ? ;?yi 2t ?Wy ?? 5?,4 ?6 411 xh 3 P? k .? u??= 4. a s Sul • ``k5p i e Lkt^w? rs ? t5 > ? }}}}}} ? F ro 9 v -0S ',r F $vY 1 N,: a` a l 15 1 ? ? I Fry V l a W?' ?TY y ?? • 1? Ia I'?(r}• SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-05699 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TIMOTHY VS. ROWLES MATTHEW ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: ROWLES MATTHEW MINOR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT NOTICE NOT FOUND as to the within named defendant ROWLES MATTHEW MINOR DEFT. NO LONGER RESIDES AT ADDRESS STATED, RETURN NOT FOUND AS PER ATTY 9/27/99. Sheriff's Costs: So answe Docketing 18.00 Service 3.10 NOT FOUND RETURN 5.00 Surcharge 8.00 m s ine, i $3-4 09/ 8 27/1999 Sworn and subscribed to before me this day of O,c p,,.? 199_ A.D. Vrr no SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-05699 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KINER TIMOTHY VS. ROWLES MATTHEW ET R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: ROWLES DAVID but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT NOTICE NOT FOUND , as to the within named defendant ROWLES DAVID _ DEFT. NO LONGER RESIDES AT ADDRESS STATED, RETURN NOT FOUND AS PER ATTY 9/27/99. Sheriff's Costs: So answer . Docketing 6.00 NOT FOUND RETURN 5.00 Affidavit .00 Surcharge 5.00 ?1h?ma? R 1 e, 5 i?fi $?? 09/27/1999R Sworn and subscribed to before me this 2/.a.r day of OEFII I 19_9 9 A.D. CASE NO: 1999-05699 P SHERIFF'S RETURN - NOT FOUND COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KINER TIMOTHY VS. ROWLES MATTHEW ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: ROWLES BRIDGET but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT NOTICE NOT FOUND_, as to the within named defendant ROWLES BRIDGET DEFT. NO LONGER RESIDES AT ADDRESS STATED, RETURN NOT FOUND AS PER ATTY 9/27/99. Sheriff's Costs: So answers:s% Docketing 6.00 Not Found Return 5.00 affidavit .00 Surcharge 8.00 r $T9?Q 09/28/19998 Sworn and subscribed to before me this ? day of Ljj, / ,J 19 Q A. D. /? l h...,.. . c.? `911;. _ . .? r. no _/i/5o?4y ?''ICL' / vs. l? s'Ci If& G/7G?oL ???.! dr•? lam, y In the Court of Common Pleas of Cumberland Comity, Pennsylvania No. Civil. 19 _ LL To << As/ OG/!? c7 Prothonotary (/ . v 19 / Attorncy for Plainti f . i C. CII ?f)_a'..: rinr No. j I I? vs. Turn, 19 PRAECIPE 19 Atty. I, li ! I' i 1 is TIMOTHY KINER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW MATTHEW ROWLES, a minor, DAVID ROWLES and BRIDGET ROWLES, : NO. 99-5699 CIVIL TERM Co-Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that service of the Complaint in the above matter was completed by Milton Gray, Process Server, in the state of Indiana, upon Matthew Rowles, Bridget Rowles, and David Rowles, Defendants, on November 16, 1999, as per the attached Exhibit A, Exhibit B, and Exhibit C. Date: oQe? 2 /`j S '! Karl E. Rominger, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 81924 AFFIDAVIT DF SERVICE Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number: 995699 Plaintiff: Tomothy Klner VS. Defendant: Mathew Rowles, a minor, David Rowles and Bridget Rowles Received these papers on the 11th day of November, 1999 at 12:35 pm to be served on DAVID ROWLES. 11026 BITTERSWEET LAKE COURT, FORT WAYNE, IN 46814. I, Milton Grayy, being duly swom, depose and say that on the 16th day of November, 1999 at 6:52 pm, I: Individually Served the within named person with a true copy of the Notice and Complaint at the aforementioned address. Description of Person Served: Age: 50, Sex: M , Race/Skin Color: White, Height: 5'10", Weight: 195, Hair: Black, Glasses: N I am over the age of 18 and have no interest in the above action. Subscribed and Sworn to before me on the 22nd day of November, 1999 by the affiant who is personally known to me. NOTARY PUBLIC Milton ray Process Server Our Job Serial Number: 1999004319 t« ? +,e 7?'.r{ tti, i fiY Prxeu BxvM" TodDOe VS.]e AFFIDAVIT O SERVICE Commonwealth of Pennsylvania County of Cumberland Case Number: 995699 Plaintiff: Tomothy Klner vs. Defendant: Mathew Rowles, a minor, David Rowles and Bridget Rowles Common Pleas Court Received these papers on the 11th day of November, 1999 at 12:35 pm to be served on BRIDGE ROWLES ,11026 BITTERSWEET LAKE COURT, FORT WAYNE, IN 46814. I, Milton Grayy, being duly sworn, depose and say that on the 16th day of November, 1999 at 6:52 pm, 1: Substitute Served by leaving a true copy of this Notice and Complaint with David Rowles, husband as SPOUSE and informing said person of the contents therein. I am over the age of 18 and have no interest in the above action. Subscribed and Sworn to before me on the 22nd day of November, 1999 by the ffiant who is personally known to me. N TART P BL Aton ray Process Server Our Job Serial Number: 1999004318 • Pa Smvel, rodeo. V5.3, AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Case Number: 995699 Plaintiff: Tomothy Kiner vs. Defendant: Mathew Rowles, a minor, David Rowles and Bridget Rowles Common Pleas Court Received thesapers on the 1 Ith day of November, 1999 at 12:35 pm to be served on MATTHEW ROWLES. 11026 BITTERSWEET LAKE COURT, FORT WAYNE, IN 46814. I, Milton Grayy, being duly swom, depose and say that on the 16th day of November, 1999 at 6:52 am, Substitute Served by leaving a true copy of this Notice and Complaint at the within named person's usual place of abode, to a person residing therein who is 15 years of age or older to wit: 50 years of age and informing said person of the contents thereof. Thereafter a copy was mailed by first-class mail, postage pre-paid to the recipient at the address listed. I am over the age of 18 and have no interest in the above action. Subscribed and Sworn to before me on the 22nd day of November, 1999 by the aanffiant who is personally known to me. NOTARY P M Iton Gray Process Server Our Job Serial Number: 1999004317 Pr SWWS Too&=YS.3c NITA YTS{ ? u it IA, , "lost 4- ?.5 ! ?. a, O O A3 ` v O? O Q ?' te` x ? S . a ? S V . I y{ p S Via ar t yµ >r { tYf I r ?y A { I iY { 7 y( JY 5. J • Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant TIMOTHY KINER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO: 99-5699 MATTHEW ROWLES, a minor, DAVID ROWLES, and BRIDGET ROWLES Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff, Timothy Kiner YOU ARE HEREBY notified to plead to the within New Matter of Defendants within twenty (20) days of service hereof. GOLDBERG, KATZMAN 6 SHIPMAN, P.C. Jef "Jipman, ire I.D. : 51785 P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants Telephone: (717) 234-4161 Date: December 15, 1999 34404.1 Jefferson J.Shipman, Esquire Z.D. N: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant TIMOTHY KINER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO: 99-5699 MATTHEW ROWLES, a minor, DAVID ROWLES, and BRIDGET ROWLES Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, come the Defendants, Matthew Rowles, a minor, David Rowles and Bridget Rowles, by and through their counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter: 1. Admitted. 2. Denied, except for the address. 3. Denied, except for the address. 4. Denied, except for the address. 5. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in 1:' Paragraph 5 and the same are, therefore, denied and strict proof demanded at the time of trial. 6. Admitted. 7. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 7 and the same are, therefore, denied and strict proof demanded at the time of trial. 8. Denied. The averments contained in Paragraph B 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. 9. Denied. The averments contained in Paragraph 9, subparagraphs (a) through (n), are conclusions of law and fact to which no response is required. If a response is deemed to be required, each and every averment contained therein are specifically denied. (a) It is specifically denied that the Defendant, Matthew Rowles, operated his vehicle in a careless, reckless, and negligent manner; (b) It is specifically denied that the Defendant, ; Matthew Rowles, operated his vehicle at an excessive rate of speed under the circumstances; 2 (c) It is specifically denied that the Defendant, Matthew Rowles, operated his vehicle with no warning of approach or intended direction; (d) It is specifically denied that the Defendant, Matthew Rowles, did not have his vehicle under proper control so as to stop within the assured clear distance ahead; (e) It is specifically denied that the Defendant, Matthew Rowles, operated his motor vehicle without due regard for the rights, safety and position of the Plaintiff; (f) It is specifically denied that the Defendant, Matthew Rowles, failed to have his motor vehicle under proper control so as to prevent his vehicle from striking the Plaintiff's motor vehicle; (g) It is specifically denied that the Defendant, Matthew Rowles, failed to keep a proper look-out; (h) It is specifically denied that the Defendant, Matthew Rowles, failed to use due under the circumstances; (i) It is specifically denied that the Defendant, Matthew Rowles, failed to notice the motor vehicle of Plaintiff; (j) It is specifically denied that the Defendant, Matthew Rowles, upon noticing the motor vehicle of the 3 Plaintiff, failed to yield the right-of-way to Plaintiff's vehicl,.; (k) It is specifically denied that the Defendant, Matthew Rowles, failed take evasive action in order to avoid impacting Plaintiff's vehicle; (1) It is specifically denied that the Defendant, Matthew Rowles, failed to apply his brakes in sufficient time to avoid striking the Plaintiff's, allegedly, almost stationary car; (m) It is specifically denied that the Defendant, Matthew Rowles, operated his motor vehicle in disregard of the rules of the road, the ordinances of Carlisle Borough and laws of the Commonwealth of Pennsylvania, including, but not limited to the motor vehicle code; and (n) It is specifically denied that the Defendant, Matthew Rowles, was negligent er se, in failing to stop at a red light. 10. Denied. The averments contained in Paragraph 10 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. 4 COUNT I Timothy Kiner v. Matthew Rowl s, a minor 11. Defendant, Matthew Rowles, incorporates herein by reference his answers to Paragraphs 1 through 10 above as though fully set forth herein at length. 12. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12 and the same are, therefore, denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 and the same are, therefore, denied and strict proof demanded §4, at the time of trial. 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 answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 1i 15 and the same are, therefore, denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 and the same are, therefore, denied and strict proof demanded at the time of trial. 17. Denied. The averments contained in Paragraph 17 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. WHEREFORE, Defendant, Matthew Rowles, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT II Timothy Kiner vs. David Rowles and Bridaet Rowles 18. Answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 17 above as though fully set forth herein at length. 19. Denied. The averments contained in Paragraph 19 are conclusions of law and fact to which no response is required. If 6 G; a response is deemed to be required, the averments contained therein are specifically denied. 20. Denied. The averments contained in Paragraph 20, subparagraph (a) through (e) 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. (a) It is specifically denied that David and Bridget Rowles allowed, or caused their motor vehicle to be operated in a negligent fashion; (b) It is specifically denied that David and Bridget Rowles were aware, or had reason to be aware that co- Defendant, Matthew Rowles, would operated the vehicle in a negligent fashion and they deny that they were negligent in entrusting their vehicle to the minor Defendant; (c) It is specifically denied that David and Bridget Rowles were negligent in entrusting their vehicle to Matthew Rowles, given their alleged knowledge and observations of his driving; (d) It is specifically denied that David and Bridget Rowles were negligent in any way in their supervision of the actions of Matthew Rowles; and 7 (e) It is specifically denied that David and Bridget Rowles were negligent in allegedly permitting Matthew Rowles to conduct himself in an allegedly dangerous and negligent fashion. 21. Denied. The averments contained in Paragraph 21 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. WHEREFORE, the Defendants respectfully requests that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and response, Defendants interpose the following New Matters: 22. That the Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102, et sec. and by the Doctrine of Comparative Negligence. 23. That the Plaintiff, Timothy Kiner, failed to exercise reasonable care for his own safety under the circumstances then and there existing. a 24. That the Plaintiff's failure to exercise reasonable care for his own safety was a substantial factor in the happening of the accident. 25. That the Plaintiff's injuries and damages, if any, were not caused by any act, omission, or breach of duty by answering Defendants. 26. That the Plaintiff knowingly and voluntarily assumed the risk of his own injuries under the circumstances then and there existing. 27. That any damages the Plaintiff may be entitled to recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701. 28. That the Plaintiff's claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. §1705, et sec . 29. That the accident and any injuries sustained by Plaintiff may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 30. That if it should be found that there was any negligence on the part of the answering Defendants, which 9 negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 31. That the accident and any injuries sustained by Plaintiff may have been caused in whole or in part by an intervening superseding cause. 32. That the accident and any injuries sustained by Plaintiff may have been caused by a sudden emergency. WHEREFORE, the Defendants, Matthew Rowles, David Rowles and Bridget Rowles, respectfully request that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. 39904.1 Je feV 1 J. Shipmat, Esqu I. .#. 1785 P. . Box 1268 Harrisburg, PA 17108 Attorneys for Defendants Telephone: (717) 234-4161 10 VERIFICATION PURSUANT TO PA. R.C.P. NO, 1024(c) JEFFERSON J. SHIPMAN, ESQUIRE, states that he is the attorney for Matthew Rowles, the party filing this Answer; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATE : (Z I f G "( 34747.1 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 December 15, 1999: Karl E. Rominger, Esquire Law Offices Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. Jef FBox iVV J. Shipmab, Esquire 3arket Street P1268 Harrisburg, PA 17108-1268 Attorneys for Defendants 35272.1 1 (D U iv . c. r ? c. Cl .. d TIMOTHY KINER Plaintiff V. MATTHEW ROWLES, a minor, DAVID ROWLES and BRIDGET ROWLES, Co-Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99-5699 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Timothy Kiner, by and through his counsel, The Law Offices of Paul Bradford Orr, and files the following Answer to Defendant's New Matter: 22. A conclusion of law and requires no answer. If an answer is required, it is expressly denied that Plaintiff was comparatively negligent in any manner, and it is further denied that his claim is barred or limited thereby. 23. A conclusion of law and requires no answer. If an answer is required, it is expressly denied that Plaintiff Failed to exercise reasonable care, and it is asserted that Plaintiff, Timothy Kiner, did exercise reasonable care for his own safety under the circumstances then and there existing. 24. A conclusion of law and requires no answer. If an answer is required, it is expressly denied that there was a failure to exercise reasonable ca^e by the Plaintiff, and it is further denied that a failure to exercise reasonable care was a substantial or even limited factor in the happening of the accident. i 25. A conclusion of law and requires no further answer. If an answer is required, it is expressly denied that it was not caused by an act, omission, or breach of duty by the answering Defendants. 26. A conclusion of law and requires no answer. If an answer is required, it is denied that Plaintiff knowingly and voluntarily assumed risk of his own injuries, and by way of further answer, Plaintiff did not assume any risk and Defendant acted unreasonably under the circumstances. 27. A conclusion of law and no answer is required. Ifany answer is required, it is denied that Plaintiffs recovery is limited or barred by 75 Pa. C.S.A. §1701 or any other statute of this Commonwealth. 28. A conclusion of law and no answer is required. If further answer is required, it is expressly denied that the doctrine of ,Limited Tort', is operable in this case. 29. A conclusion of law and requires no answer. If further answer is required, it is denied that the negligence of third persons caused in whole or in part the injuries sustained by Plaintiff, and it is reasserted that the injuries sustained by Plaintiff were the direct and proximate result of Defendant's negligence. 30. A conclusion of law and no answer is required. If further answer is required, it is denied that Defendant's actions were not both the proximate and direct cause ofthe damages to the plaintiff. 31. A conclusion of law and requires no answer. By way of further answer, is one is required, it is denied that there was any intervening superceding cause, and it was the actions of the Defendant which caused the injuries to the Plaintiff, and the Defendants were the direct and proximate cause of the injuries as a direct result of Defendant's breach of his duty to the Plaintiff. 32. A conclusion of law and requires no answer. If further answer is required, it is denied that there was a sudden emergency and strict proof of the same would be required at trial. Further, this is plead as a possibility or hypothetical and not as a fact and therefore is not properly raised as a new matter. WHEREFORE, the Plaintiff, Timothy Kiner, respectfully requests that judgment be entered in his favor and that Defendants be ordered to pay damages sufficient to make him whole. Plaintiff reasserts his original Complaint in this matter. Date. ( & 1-1 ?j Respectfully submitted, THE LAW OFFICES OF PAUL BRADFORD ORR Karl E. Rominger, Esq. Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 81924 VERIFICATION PURSUANT TO PA. R C P NO 1024(c) KARL E. ROMINGER, ESQUIRE, states that he is the attorney for Timothy Kiner, the party filing this Answer to New Matter; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. DATE: Karl E. Rominger TIMOTHY KINER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW ROWLES, a minor, DAVID ROWLES and BRIDGET ROWLES, : NO. 99- 5699 CIVIL TERM Co-Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Plaintiffs Answer to Defendant's New Matter has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Carlisle, Pennsylvania, on December 23, 1999. Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants LAW OFFICES OF PAUL BRADFORD ORR r B Y Karl E. Rominger, Esq. f V7 _ Fr; C? 11?? ?_. ?1 l ' 1 ( ' l.. ' J ? ? ._.. lL ?` ?) t'y y f ? CG _ ?) ?? ) t? .1 I" LL ' ? c-. r, rn r' :i i I e4/ Sri 1 Y?. ? < O H Q > ? N . uj N ti {Y O F. ? w C?1 ?i x ?- 1 ,,' A a rP! .5S *`k M??`` Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.c. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant TIMOTHY KINER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO: 99-5699 MATTHEW ROWLES, a minor, DAVID ROWLES, and BRIDGET ROWLES Defendants TO THE PROTHONOTARY: DATE: December 22, 1999 35739.1 PLEASE file the attached Verifications with the Defendants' Answer and New Matter which was filed in the Prothonotary's office on December 20, 1999. JURY TRIAL DEMANDED PRAECIPE GOLDBERG, KATZMAN 6 SHIPMAN, P.C. qDJer4P JShipman, squire 51785 P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants Telephone: (717) 234-4161 VERIFICATION We, Matthew Rowles, a minor, David Rowles and Bridget Rowles, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of our personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §9909 relating to unsworn falsification to authorities; we verify that all the statements made in the foregoing are true and correct and that false statements may subject us to the penalties of 18 Pa. C.S. §9909. X Matthew Rowles David Rowles Bridget Rowles DATE : t 2A ? A Ir4?{ 39918.1 VERIFICATION We, Matthew Rowles, a minor, David Rowles and Bridget Rowles, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of our 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; we verify that all the statements made in the foregoing are true and correct and that false statements may subject us to the penalties of 18 Pa. C.S. §4904. Matthew Rowles David Rowles x'o we a l&..d? )IL Bridge Rowles DATE: 0.14 `l 34419.1 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 December 22, 1999: Karl E. Rominger, Esquire Law Offices Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. All; 1111i'llilill''I'll Je fe son J. Shipma , Esquire 32 Market street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants 35272.1 ?' X71 ? _ F_- tl" ?= LI V.• .? l ? ?_. I 1 ) l.'? l.) TIMOTHY KINER Plaintiff v MATTHEW ROWLES, a minor, DAVID ROWLES and BRIDGET ROWLES, Co-Defendants To: Prothonotary's Office I Courthouse Square Carlisle, PA 17013 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5699 CIVIL TERM JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter my appearance as Counsel on behalf of the Plaintiff, Timothy Kiner. Dated: LA O U dDD R R I l O? I BY W Paid Bradford Orr, Esquire 50 East High Street Carlisle. PA 17013 r (717) 258-8558 Supreme Court ID: 71786 Counsel for Plaintiff e TIMOTHY KINER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW MATTHEW ROWLES, a minor, DAVID ROWLES and BRIDGET ROWLES, NO. 99-5699 CIVIL TERM Co-Defendants ; JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Carlisle, Pennsylvania, on January 7, 2000: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants LA Dated:( 7 00 By qr, ?.F i p'?ri c; L_ LL' i I, CJ C% i <v - I c-? i d` ; ,,, ?;; s: ?.i ? . 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS TIMOTHY %INER TERM, 0 _VS_ CASE NO: 99-5699 MATTHEW, DAVID, AND BRIDGET ROWLES As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY 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: 01/04/2000 ?1 -') 0- 5° " ,-F1 n,. JEFFREY SHIPMAN ESQUIRE Attorney for DEFENDANT DE11-153345 1 5 7 7 5- I.0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF' CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TIMOTHY KINER -VS- MATTHEW, DAVID, AND BRIDGET ROWLES TERM, 0 CASE NO: 99-5699 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: KARL E. ROMINGER, ESQ. MCS on behalf of JEFFREY 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: 12/15/1999 CC: JEFFREY SHIPMAN, ESQUIRE - 22740.857 MCS on behalf of JEFFREY 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 DE02-109461 1 5 7 7 5- C O 1 RECORDS REQUESTED LOCATION NAME EMPLOYMENT MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL INSURANCE BRETZ'S PAVING 6 SEALCOATING CARLISLE HOSPITAL NEUROLOGY CENTER DR. DAVID BAKER DR. D.G. BRADLEY AESTHETIC 6 RECONSTRUCTIVE SRG CURRIE & BECHT ORAL PERRY HEALTH CENTER ALLSTATE INSURANCE COMPANY DE02-109461 1 5 7 7 5- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY KINER VS File No. 99-5699 MATTHEW ROWLES, A MINOR, DAVID ROWLES AND BRIDGET ROWLES SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: rnisTonTAN OF RFrORDS FOR- RRFT9te RAVTNr . SPALMATTNG (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: .SF.F. ATTA .HD at THE MCS GROUP INC., 1601 MARKET STREET, 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 ADDRESS: 320 MARKET STREET, PO BOX 1266 HARRISBURG PA 17108 TELEPHONE 235-246-09110 SUPREME COURT ID p: ATTORNEY FOR: DEFENDANT n BY THE COUR DATE. es!. P g ?C! ?l Prothonotary/Q k, c Nit Division Deputy Sea] of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BREIZ'S PAVING & SEAL.COATING 36 CREEKSIDE DR. ENOLA, PA 17025 RE: 15775 TIMOTHY KINER Any and all employment records, tiles 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 : TIMOTHY E3NER 295 KUTZ RD., CARLISLE, PA 17013 Social Security A OW56-2282 Date of Birth: 03-28-1963 SU10-226640 1.5 7 7 5- L O T M.. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS TIMOTHY MMER TERM, 0 -VS- CASE NO: 99-5699 MATTHEW, DAVID, AND BRIDGET RONLES As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY 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: 01/04/2000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-153346 3-5775-3L.02 ';.:' PENNSYLVANIA COUNTY OH CUMBERLAND IN THE MATTER OF: COURT OF COMMON FLEAS TIMOTHY KINER TERM, 0 -VS- CASE NO: 99-5699 MATTHEW, DAVID, AND BRIDGET ROWLES NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: KARL E. ROMINGER, ESQ. MCS on behalf of JEFFREY 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: 12/15/1999 CC: JEFFREY SHIPMAN, ESQUIRE - 22740.857 Any questions regarding this matter, contact MCS on behalf of JEFFREY SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-109461 1 5 7 7 5- C O JL EMPLOYMENT MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL INSURANCE BRETZ•S PAVING & SEALCOATING CARLISLE HOSPITAL NEUROLOGY CENTER DR. DAVID BARER DR. D.G. BRADLEY AESTHETIC 6 RECONSTRUCTIVE SRG CURRIE 6 HECHT ORAL PERRY HEALTH CENTER ALLSTATE INSURANCE COMPANY DE02-109461 M577.5-CO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY KINER VS MATTHEW ROWLES, A MINOR, DAVID ROWLES AND BRIDGET ROWLES File No. 99-5699 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RFCnRnS MR- CAP.I.ISLB UnIZETTAL (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. 0800, PHIL•A- PA 19101 (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 rlght 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. SHTPMAN. FSf)IITRR ADDRESS: 320 MARKET STREET, PO BOX 1268 HARRISBURG. PA 17108 TELEPHONE 915-946_0900 SUPREME COURT ID x: ATTORNEY FOIL DEFENDANT BY THE COURT- 04 ? 1 A T, i 12 atJti 1"'` DATE: Prothonnattary/Oferk, Ivil Division Deputy Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET P.O. BOX 310 CARLISLE, PA 17013 RE: 15775 TIMOTHY KINER 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 : TIMOTHY KINER 295 KUTZ RD., CARLISLE, PA 17013 Social Security.* 080-56-2282 Date of Birth: 03-28-1963 SU10-226642 3..577S-3L0?- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22-F IN THE MATTER OF: COURT OF COMMON PLEAS TIMOTHY &INER TERM, 0 -VS- CASE NO: 99-5699 MATTHEW, DAVID, AND BRIDGET RONLES As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SNIPMAN, 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: 01/0412000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-153347 -L,5775-1-03 OF PENNSYLVANIA COUNTY OF C1JMBERLAND IN THE MATTER. OF: TIMOTHY KINER -VS- MATTHEW, DAVID, AND ERIDGET ROWLES [ Note: see enclosed list of locations ] COURT OF COMMON PLEAS TERM, 0 CASE NO: 99-5699 TO: KARL E. ROMINGER, ESQ. MCS on behalf of JEFFREY 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: 12/15/1999 CC: JEFFREY SHIPMAN, ESQUIRE - 22740.857 Any questions regarding this matter, contact MCS on behalf of JEFFREY SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-109461 -L.5775-003. 'EMPLOYMENT MEDICAL BRETZ'S PAVING i SEALCOATING MEDICAL CARLISLE HOSPITAL MEDICAL NEUROLOGY CENTER MEDICAL DR. DAVID BARER MEDICAL DR. D.G. BRADLEY ?I? AESTHETIC 6 RECONSTRUCTIVE SRG MEDICAL CURRIE i BECHT ORAL INSURANCE PERRY HEALTH CENTER ALLSTATE INSURANCE COMPANY DE02-109461 1 5 7 7 5- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY KINER VS MATTHEW ROWLES, A MINOR, DAVID ROWLES AND BRIDGET ROWLES File No. 99-5699 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: rttcmnnTAN np rrrnone YOR. NEUROLOGY CENTER P.C. (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:. SRE ATTACERTI at THE MCS GROUP INC., 1601 MARKET STREET #ROO PHTTA.,, PA 19](11 (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 se,rving 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 SFFFFR CON T CHTpMAN rCQTITEV ADDRESS: 320 MARKET STREET, PO BOX 1268 TELEPHONE: 21 5-2-4 6 8990 SUPREME COURT 1D #: ATTORNEY FOR: DEFENDANT BY THE COU?tT DATE: Prot/h/onota C rk Civil Division Deputy Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NEUROLOGY CENTER 897 POPLAR CHURCH RD. CAMP HILL, PA 17011 RE: 15775 TIMOTHY KINER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: upp to and including the present. Subject : TIMO44 KINER 295 KUTZ RD., CARLISLE, PA 17013 Social Security A 080-56.2282 Date of Birth: 03-28-1963 SU10-226644 3-5775-T-03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS TIMOTHY FINER TERM, 0 -VS- CASE NO: 99-5699 MATTHEW, DAVID, AND BRIDGET BOWLES As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ JEFFREY 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 (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: 01/0412000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-153348 3-5775-r,04 CONiT40NWEALTH OF' PENNSYLVANIA COUNTY OF C U"MB E BLAND IN THE MATTER OF: COURT OF COMMON PLEAS TIMOTr'Y KINER -VS- MATTHEW, DAVID, AND BRIDGET ROWLES TERM, 0 CASE NO: 99-5699 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: KARL E. ROMINGER, ESQ. MCS on behalf of JEFFREY 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: 12/1511999 CC: JEFFREY SHIPMAN, ESQUIRE - 22740.857 Any questions regarding this matter, contact MCS on behalf of THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-109461 3-5-7-7-5-Col- EMPLOYMENT MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL INSURANCE BRETZ'S PAVING i SEALCOATING CARLISLE HOSPITAL NEUROLOGY CENTER DR. DAVID BARER DR. D.G. BRADLEY AESTHETIC 6 RECONSTRUCTIVE SRG CURRIE 6 BECHT ORAL PERRY HEALTH CENTER ALLSTATE INSURANCE COMPANY DE02-109461 1 5 7 7 5- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY KINER VS File No. 99-5699 MATTHEW ROWLES, A MINOR, DAVID ROWLES AND BRIDGET ROWLES SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DAVID C BAKER M.D. TO11YhT9 Or RECORDS FuRv (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: -rSEE-*TT*EllEB at THE M" ronnR ING tent MARKET eTR T, "690 12HI•I.A RA 19103 (Addrns) 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 ff. SHIPthei, ESQUIRE ADDRESS: ign MARKET STRFFT, W1 RnK 19(.A HARHESBURG, £s4 37198 TELEPHONE: _ _ SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT BY THE COURT: ?J,Atzl; 2 ? L..- DATE %LwA?su.t?w q ?9 q 9 Prothonotary/C rk ivil Division Deputy Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DAVID BAKER BELEDERE MED. CENTER 850 WALNUT & BOTI'ON CARLISLE, PA 17013 RE: 15775 TIMOTHY KINER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested to and including the present. Subject : TIM -up O 4 KINER 295 KUTZ RD., CARLISLE, PA 17013 Social Security Ar: 080-56-2282 Date of Birth: 03-28-1963 SU10-226646 3-5775-L 04 CERTIFICATE. PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22-F IN TEE MATTER OF: COURT OF COMMON PLEAS TIMOTHY RINER TERM, 0 -VS- CASE NO: 99-5699 MATTHEW, DAVID, AND BRIDGET ROWLES As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY 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: 01/04/2000 JEFFREY SHIPMAN ESQUIRE Attorney for DEFENDANT DEII-153349 1 5 7 7 5- L 0 5 .C T H OT;* P E NN S YLVAN =A COUNTY O EP CUMBERLAND IN THE MATTER OF: TIMOTHY KINER -VS- MATTHEW, DAVID, AND BRIDGET ROWLES COURT OF COMMON PLEAS TERM, 0 CASE NO: 99-5699 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations TO: KARL E. ROMINGER, ESQ. MCS on behalf of JEFFREY 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: 12/1511999 MCS on behalf of CC: JEFFREY SHIPMAN, ESQUIRE _ 22740.857 Any questions regarding this matter, contact JEFFREY SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-109461 M57-75-COX EMPLOYMENT MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL INSURANCE BRETZ'S PAVING 6 SEALCOATING CARLISLE HOSPITAL NEUROLOGY CENTER DR. DAVID BARER DR. D.G. BRADLEY AESTHETIC E RECONSTRUCTIVE SRG CURRIE 6 HECHT ORAL PERRY HEALTH CENTER ALLSTATE INSURANCE COMPANY DE02-109461 3-577S-C:03- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY KINER VS File No. 99-5699 MATTHEW ROWLES, A MINOR, DAVID ROWLES AND BRIDGET ROWLES SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: DR. D G BRADLEY ?x (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 TTa Prti" at TEIE s"re r_nnrty 1r,r rent uarvrm 5"11,1i ao?n ?h1;bA ??}939 (Addms) 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 ADDRESS: 390 mal<;.T CTRFFT PO ROX 19FR HA1tRIS$URr5 PA }7}98 TELEPHONE: _ SUPREME COURT ]D ATTORNEYFOR:_. DEFENDANT BY THE COURT- nn DATE It tic t.?Gr 4 /99 9 Frothonotary/CI k it Division Deputy Sea] of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. D.G. BRADLEY 1458 HOLLY PIKE CARLISLE, PA 17013 RE: 15775 TIMOTHY KINER 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 Kto and INER eluding the present. Subject TIMOTH? 295 KUTZ RD., CARLISLE, PA 17013 Social Security 1h. 080-56-2282 Date of Birth: 03-28.1963 SU10-226648 1.5775-T-05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22-F IN THE NATTER OF: COURT OF COMMON PLEAS TIMOTHY RINER TERM, 0 -VS- CASE NO: 99-5699 MATTHEW, DAVID, AND BRIDGET ROWLES As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY 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: 01/04/2000 JEFFREY SHIPMAN. ESQUIRE Attorney for DEFENDANT yr DE11-153350 1 5 7 7 5- L 0 6 OF P E NN S YLVAN IA COUNTY OF CUD2BERL4-ND IN THE MATTER OF: COURT OF COMMON PLEAS TIMOTHY KINER TERM, 0 -VS- CASE NO: 99-5699 MATTHEW, DAVID, AND BRIDGET ROWLES NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ) TO: KARL E. ROMINGER, ESQ. MCS on behalf of JEFFREY 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: 12/15/1999 CC: JEFFREY SHIPMAN, ESQUIRE - 22740.857 Any questions regarding this matter, contact MCS on behalf of JEFFREY SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-109461 3-5 7 7 5- C O 1 EMPLOYMENT BRETZ•S PAVING 6 SEALCOATING MEDICAL CARLISLE HOSPITAL MEDICAL NEUROLOGY CENTER MEDICAL DR. DAVID BARER MEDICAL DR. D.G. BRADLEY MEDICAL AESTHETIC 6 RECONSTRUCTIVE SRG MEDICAL CURRIE 6 HECHT ORAL MEDICAL PERRY HEALTH CENTER INSURANCE ALLSTATE INSURANCE COMPANY DE02-109461 1 5 7 7 5- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY KINER VS File No, 99-5699 MATTHEW ROWLES, A MINOR, DAVID ROWLES AND BRIDGET ROWLES SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CTT4TOT)TAN OF RFf•OROC FOR• AERTRFTTr. r ocrnmczjHCTIVE ennre^y CENTRAL (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, #800, 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, JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, PO BOX 1268 HARRISBURG, PA 17108 TELEPHONE _gi5-7h6-no00 SUPREME COURT ID #: ATTORNEYFOR: DEFENDANT BY THE COURT: l 4 9 19 4 9 (?.,ar , ryDATE: Prothonota ??C--I k^^`'tVil Division Deputy Seal of the Court (Eff.7/97) - F EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: AESTI-IEfIC & RECONSTRUCTIVE SRG 816 BELVEDERE STREET' CARLISLE, PA 17013 RE: 15775 TIMOTHY TUNER 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 : TIM017HY KINER 295 KUTZ RD., CARLISLE, PA 17013 Social Security k 080-56.2282 Date of Birth: 03-28-1963 SU10-226650 3-5775-1-06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE HATTER OF: COURT OF COMMON PLEAS TIMOTHY FINER TERM, 0 -vs- CASE NO: 99-5699 MATTHEW, DAVID, AND BRIDGET ROWLES As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY 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: 01/04/2000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT Y?F l 'tJ rr z! DE11-153351 3-5 7 7 5- L 0 7 NWJ-;AITfi OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE ! -'.TTEP. OF: COURT OF COMMON PLEAS TIMOTHY KINER TERM, 0 -VS- MATTHEW, DAVID, AND BRIDGET ROWLES CASE NO: 99-5699 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: EARL E. ROMINGER, ESQ. MCS on behalf of JEFFREY 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: 12/15/1999 CC: JEFFREY SHIPMAN, ESQUIRE - 22740.857 Any questions regarding this matter, contact MCS on behalf of JEFFREY SHIM ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-109461 3-5 7 7 5- C O 3- EMPLOYMENT MEDICAL BRETZ S PAVING 6 SEALCOATING MEDICAL CARLISLE HOSPITAL MEDICAL NEUROLOGY CENTER MEDICAL DR. DAVID BARER MEDICAL DR. D.G. BRADLEY MEDICAL AESTHETIC & RECONSTRUCTIVE SRG MEDICAL CURRIE 6 HECHT ORAL INSURANCE PERRY HEALTH CENTER ALLSTATE INSURANCE COMPANY DE02-109461 1 5 7 -7.5 - C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY KINER VS MATTHEW ROWLES, A MINOR, DAVID ROWLES AND BRIDGET ROWLES SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS EnR• nRAT t, MAYTTTnEACTAT SIIRrFnNS R r (Name 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: SEE ATTACHED at THE MCS GROUP INC., 1601 MARKET STREET, #800, 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 _JEFFERSON J. SHIPMAN, E.SOUTRE A,nDRFSq.320 MARKET STREET, PO BOX 1268 HARRISBURG. PA 17108 TELEPHONE i5-?ho;-0900 SUPREME COURT ID#: ATTORNEY FOR: DEFENDANT DATE k&z, q 1999 BY TE COUp Prothonotary Ier Civil Division Deputy Seal of the Court File No. 99-5699 (Eff. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CURRIE & HECHT ORAL AND MAXILLOFACIAL SURGEON 338 ALEXANDER SPRiNG CARLILSLE, PA 17013 RE: 15775 TIMOTHY KINER 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: TIMOTHY FINER 295 KUTZ RD., CARLISLE, PA 17013 Social Security A 080-56-2282 Date of Birth: 03-28-1963 SU10-226652 3-577-9-L.07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'B IN THE NATTER OF: COURT OF COMMON PLEAS TIMOTHY KINEg TERN, 0 -VS- CASE NO: 99-5699 MATTHEW, DAVID, AND BRIDGET BOWLES As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ JEFFREY 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: 01/04/2000 JEFFREY SHIPMAN ESQUIRE Attorney for DEPENDANT DEII-153352 3-!577.5-1[-Oa =N THE MATTER OF: TIMOTHY KINER T H OP P E NN S YLVAN T A COUNTY O EP CUMBERLAND -VS- MATTHEW, DAVID, AND BRIDGET P.OWLES COURT OF COMMON PLEAS TERM, 0 CASE NO: 99-5699 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: KARL E. ROMINGER, ESQ. MCS on behalf of JEFFREY 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: 12115/1999 CC: JEFFREY SHIPMAN, ESQUIRE - 22740.857 MCS on behalf of JEFFREY 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 DE02-109461 1.5 7 7 5- C O 3- EMPLOYMENT MEDICAL BRETZ'S PAVING E SEALCOATING MEDICAL CARLISLE HOSPITAL MEDICAL NEUROLOGY CENTER MEDICAL DR. DAVID BARER MEDICAL, DR. D.G. BRADLEY MEDICAL AESTHETIC S RECONSTRUCTIVE SRG MEDICAL CURRIE & HECHT ORAL INSURANCE PERRY HEALTH CENTER ALLSTATE INSURANCE COMPANY rS ir?S 2}j V? . ftN? 1?. M f+J l^f, DE02-109461 1 5 7 7 5- C O 1.F COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY KINER VS MATTHEW ROWLES, A MINOR, DAVID ROWLES AND BRIDGET ROWLES File No. 99-5699 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Penon 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 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 _TRFFFR S(1N T SHTPMAA* FS(1TiTRF ADDRESS: 320 MARKET STREET, PO BOX 1268 HARRTSBIMfz PA 17108 TELEPHONE: -415-&46 9900 SUPREME COURT ID k: ATTORNEY FOR: DEFENDANT BY THE COURT- /? DATE Prothho'notary/Gl erk.,Civil Division Deputy Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PERRY HEALTH CENTER PO BOX 913 LOYSVILLE, PA 17047 RE: 15775 TIMOTHY KINER INCLUDE ANY AND ALL RECORDS FROM DR. JOSEPH J. MATUNIS. 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 • TIMOTHY KINER 295 KUTZ RD., CARLISLE, PA 17013 Social Security A 080-56-2282 Date of Birth: 03-25-1963 SUIO-226654 3-5775-1-08 CERTIFICATE PREREQUISITE TO SERVICE. OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE NATTER OF: COURT OF COMMON PLEAS TIMOTHY RINER TERN, 0 -VS- CASE NO: 99-5699 MATTHEW, DAVID, AND BRIDGET BOWLES As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY 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: 01/04/2000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-153353 3-577-9-L.09 C OMMO NWEAL T H OF P E NN S YLVAN =A COUNT Y OF CUMBERLAND IN THE N_;TIER OF: COURT OF COMMON PLEAS TIMOTHY KINER -VS- MATTHEW, DAVID, AND BRIDGET RO-WLES TERM, 0 CASE NO: 99-5699 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations j TO: KARL E. ROMINGER, ESQ. MCS on behalf of JEFFREY SHIPNAN 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: 12/15/1999 CC: JEFFREY SHIPMAN, ESQUIRE - 22740.857 Any questions regarding this matter, contact MCS on behalf of JEFFREY SHIPHAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-109461 3-5 7 7 5- C O 1 EMPLOYMENT MEDICAL BRETZ•S PAVING 6 SEALCOATING MEDICAL CARLISLE HOSPITAL ?I? NEUROLOGY CENTER MEDICAL DR. DAVID BARER MEDICAL DR. D.G. BRADLEY MEDICAL AESTHETIC & RECONSTRUCTIVE SRG MEDICAL CURRIE & HECHT ORAL INSURANCE PERRY HEALTH CENTER ALLSTATE INSURANCE COMPANY DE02-109461 1 5 7 7 5- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY KINER VS MATTHEW ROWLES, A MINOR, DAVID ROWELS AND File No. BRIDGET ROWEES 99-5699 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: CUSTODIAN OF RECORDS FOR: ALLSTATE INSURANCE COMPANY (Name of Person or Entity) Within twenty (20 davs after service of this subpoena, you are ordered by the court to produce the following documents or things. S& ATTACHED at THE MCS GROUP INC., 1601 MARKET STREET, 0800, 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: JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARK_RT RTRRPT. PO BOX 1 ?68 HARRISBURG, PA 17112 TELEPHONE 215-246-0900 SUPREIvIE COURT ID #: ATTORNEY FOR: DEFENDANT BY THE COURTT- 1?, DATE: ll ev (u„ ?l''? /?1 r1 S' Prothonotary/CI kdvil Division Deputy Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALLSTATE INSURANCE COMPANY 6345 FLANK DRIVE SUITE 1000 HARRISBURG, PA 17112 RE: 15775 TIMOTHY KINER CLAIM NO # 15529053233K6 POLICY NO: 6 98 003469 06/20 INSURED:KATHY M. MACKEY D/O/L:10/17/1997 Any and all claims files. Dates Requested: up to and in Subject :'1MOOTHY KIIHER finding the present. 295 KUTZ RD., CARLISLE, PA 17013 Social Security #- 080-56-2282 Date of Birth: 03-28-1963 Date of Loss: 10/17/1997 SU10-226656 15 7 7 5 -L 09 cr r- ?crf i^? Ll rut U d CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO ROLE 4009.22'P IN THE MATTER OF: COURT OF COMMON PLEAS TIMOTHY KIM TERM, 0 -VS- CASE NO: 99-5699 MATTHEW. DAVID, AND BRIDGET BOWLES As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SBIPlIAN, 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: 03/15/2000 SHIQUIRE Attorney for DEFENDANT DE11-167129 1 5 7 7 5- L ].O COMMONWEALTH OF PENN S YLVAM =A COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TIMOTHY KINER -VS- MATTHEW, DAVID, AND BRIDGET ROWLES TERM, 0 CASE NO: 99-5699 NOTICE OF INTENT TO SERVE A SUBPOENA, TO PRODUCE DOCUMENTS COOPERS PAVING EMPLOYMENT TO: KARL E. ROMINGER, ESQ. MCS on behalf of JEFFREY 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 ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02124/2000 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT CC: JEFFREY SHIPMAN, ESQUIRE - 22740.857 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET, 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-114911 15775-CO3. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIMOTHY KINER VS File No. 99-5699 MATTHEW, DAVID b BRIDGET ROWLES SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: COOPERS PAVING (Name of Person or Entity( Within twenty (20) days after service of this subpoem, 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. 1f 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 JEFFREY SHIPMAN. ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE (215) 246-0900 SUPREME COURT ID k: ATTORNEY FOR: THE DEFENDANT BY THE COURT: ?/ . ,P kLew DATE V// , o'Jd o7U".?/ Prothonotary/ rk, Civil Division IX Deputy Seal of the Court EXPLANAMN OF REQUIRED RECORDS TO: CUSPODIAN OF RECORDS FOR COOPERS PAVING 1400 NEWVELLE ROAD CARLISLE, PA 17013 RE: 15775 71MOTHY MER Any and all employment records, Hies and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Daft s 9 KAM nding the present. 295 H11TZ RD., CARLISLE, PA 17013 Serial Sewrlty A 080-56.2282 Date of Birth: 03.28.1963 SU10-236082 15 7 7 5 - L 10 Cl) ?C. US -JZ ?' C3 v Z3 () TIMOTHY KINER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW MATTHEW ROWLES, a minor, DAVID ROWLES and BRIDGETROWLES, NO. 99-5699 CIVIL TERM Co-Defendants : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE ACTION To the Prothonotary: Please mark the above captioned matter satisfied due to an agreement between the parties. Furthermore, this matter was settled with "prejudice" and Plaintiff respectfully requests that it be removed from the Cumberland County Arbitration List. 2001 LAW OFFICES OF PAUL Paul Bradford Orr, Esqu'. Attorney I.D. No. 71786 50 East High Street Carlisle, PA 17013 Counsel for Plaintiff ORR cc: Jefferson J. Shipman, Esquire rr f ee J4 A ? i ??yyJ V T S?4_ - yr ?:'uY'. Y? ?a IYo r? C ?r 7?C7 M ry ? Tlr G { VZM ?4r fk .?? v?vi?? f4 m? 0. v _ , Nn a ,...;; ue. ,' s ay- ? ?I ?' a "air ^r b' a f u Al .' A c -', 3 0 ? C ri v?' 1 {y W n Q ; th?? ,?? ? Yl ys„r,?r ,ism r ? j si ' N i ? f? 1 t Ff