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HomeMy WebLinkAbout07-3978I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY LUCAS :NO: 4191 Gettysburg Road Lot 13 Camp Hill, PA 17011 Plaintiff VS ROBERT SHEETZ 25 Rife Drive Mechanicsburg, PA 17050 LINDA SHEETZ 25 Rife Drive Mechanicsburg, PA 17050 SILVER SPRING TOWNSHIP 6475 Carlisle Pike Mechanicsburg, PA 17050 BOROUGH OF MECHANICSBURG, PA 36 West Allen Street Mechanicsburg, PA 17055 AND DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA: Keystone Building : 400 North Street Harrisburg, PA 17120 Defendants : JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS TO THE PROTHONOTARY OF SAID COURT: Issue Summons in Trespass in the above case. X Writ of Summons shall be issued and forwarded to the Sheriff. Writ of Summons shal issued and forwarded to the Attorney. Evan J. Kl e, Esquire, I.D. No. 70283 Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 (717) 848-3838 Date: June 28, 2007 ? Rk, ?O rv CO .& SUMMONS IN CIVIL ACTION To: Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS OMMENCED AN ACTION AGAINST YOU. ro onotary/Clerk, Civil Division By: Dated / ?q 2 7 4L .0,.e P - Deputy M r Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 E-Mail: d?;oodemote?a?attornevgeneral.gov KIMBERLY LUCAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff VS. : Civil Term No. 07-3978 ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA, AND DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA Defendants ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Pennsylvania Commonwealth of Pennsylvania, Department of Transportation in the above-referenced matter. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General By: , 6-??q aniel R. Goodemote Supreme Court No. 30986 Senior Deputy Attorney General DATED: July 20, 2007 e CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Evan J. Kline, Esquire Kathernian, Briggs & Greenberg 7 East Market Street York, PA 17401 (Attorney for Plaintiff) By: aniel R. Goodemote Supreme Court No. 30986 Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-3147 - Direct Dial DATED: July 20, 2007 ?-, ?,? = ;? ? 5 -r ? , 1 . C...? '-1 _T_ -?-? '?- '?`- ?.- r` _..,?n -- ?... „__ ?. _ ?,,J .. ...,,j -; __i ?::1 ^C \26 A\LIAB\MTRILEY\LLPG\867398\MMKISSLING\05130\00000 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Marl T. Riley, Esquire Attorney I.D. # 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 mtriley@mdwcg.com Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLY LUCAS V. NO.: 07-3978 ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Silver Spring Township and Borough of Mechanicsburg, PA, in the above captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 6 DATE: *?147 MARK T. RIL Y, ESQUIRE C=? "? C ?' l ....-, T ? ,?, _r ; - ?_.? "? \26 A\LIAB\MTRILEY\LLPG\867400\MMKISSLING\05130\00000 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Marl T. Riley, Esquire Attorney I.D. # 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 mtriley@mdwcg.com Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLY LUCAS V. NO.: 07-3978 ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon Plaintiff, Kimberly Lucas, to file a Complaint within twenty (20) days or suffer Judgment of Non Pros. MARSHALL, DENNEHEY, WARNER, COLEM G BY: MARK T. RILE Date: ` Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA RULE TO FILE COMPLAINT AND NOW, this 6106 day of s ? , 2007, a Rule is entered upon Plaintiff, Kimberly Lucas, to file a Complaint. /4P,50THONOTARY r-3 '7 ?3 .-? " c_. ? cw, --er? ?.•.., ,,,; _ , .r-, _?° :c` ___- ??; , - c.; w ?; \26 A\LIAB\MTRILEY\DISC\867436\MMKISSLING\05130\00000 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Marl T. Riley, Esquire Attorney I.D. # 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 mtriley@mdwcg.com Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLY LUCAS V. NO.: 07-3978 ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA CERTIFICATE OF SERVICE MARK T. RILEY, ESQUIRE, being duly sworn and according to law hereby certifies that a true and correct copy of Defendants, Silver Spring Township and Borough of Mechanicsburg, PA's Interrogatories, Expert Witness Interrogatories and Request for Production of Documents to Plaintiff were forwarded to counsel on July 23, 2007 and said documents were sent first class mail, postage prepaid, to the last known address of the other parties or their representatives. Evan J. Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: G' MARK Y ESQUIRE Attorney for Defendants o d - y cr An- ?? Stagy Kwtt i v \26 A\LIAB\MTRILEY\DISC\867369\MMKISSLING\05126\00156 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Marl T. Riley, Esquire Attorney I.D. # 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 mtriley(a mdwcg com Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLY LUCAS V. NO.: 07-3978 ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA CERTIFICATE OF SERVICE MARK T. RILEY, ESQUIRE, being duly sworn and according to law hereby certifies that a true and correct copy of Defendant, Borough of Mechanicsburg's Answers to Plaintiffs Pre-Complaint Discovery were forwarded to counsel on July 31, 2007 and said documents were sent first class mail, postage prepaid, to the last known address of the other parties or their representatives. Evan J. Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 MARSHALL, DENNEHEY, WARNER, ? COLEMAN & GOGGIN BY: ? MARK T. RILEY, ES UIRE Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA rv G -.,_ G 7 rrt ? rte ??' Ct'i ? CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY LUCAS Plaintiff : NO: 07-3978 - Civil Term VS ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA, and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA: Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of August, 2007, I hereby certify that the Plaintiff's Interrogatories, Sets 1 and 2, and Request For Production of Documents above-captioned were mailed by United States First Class mail, postage prepaid, to: Robert & Linda Sheets Silver Spring Township 25 Rife Drive c/o Mark T. Riley, Esquire Mechanicsburg, PA, 17050 620 Freedom Business Center, Ste 3000 King of Prussia, PA 09406 KATHERMAN, BRIGGS & GREENBERG, LLP By: EVAN J. kLK_E, ESQUIRE Attorney I.D. No. 70283 Attorney for Plaintiff 7 East Market Street York, PA 17401 (717) 848-3838 Dated: M0161559 CX) SHERIFF'S RETURN - REGULAR CASE NO: 2007-03978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LUCAS KIMBERLY VS SHEETZ ROBERT ET AL MEGAN MARLOW , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS SHEETZ ROBERT DEFENDANT was served upon the , at 1423:00 HOURS, on the 13th day of July , 2007 at 25 RIFE DRIVE MECHANICSBURG, PA 17050 LINDA SHEETZ, WIFE a true and attested copy of WRIT OF SUMMONS by handing to INTERROGATORIES together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.64 Postage 2.06 Surcharge 10.00 41 81/3/67 00 v-58.70 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/17/2007 KATHERMAN BRIGGS GREENBERG By. puty Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LUCAS KIMBERLY VS SHEETZ ROBERT ET AL MEGAN MARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SHEETZ LINDA the DEFENDANT , at 1423:00 HOURS, on the 13th day of July 2007 at 25 RIFE DRIVE MECHANICSBURG, PA 17050 LINDA SHEETZ by handing to a true and attested copy of WRIT OF SUMMONS INTERROGATORIES together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ? 16.00 Sworn and Subscibed to before me this day of , So Answers: ,i? leo?- R. Thomas Kline 07/17/2007 KATHERMAN BRIGGS GREENBERG By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR • CASE NO: 2007-03978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LUCAS KIMBERLY VS SHEETZ ROBERT ET AL MEGAN MARLOW , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CTT.%IWV CDPTNr. rrnWM.qNTP the DEFENDANT , at 1430:00 HOURS, on the 13th day of July 2007 at 6475 CARLISLE PIKE MECHANICSBURG, PA 17050 by handing to SHIRLEY BEARDSLEY, SECRETARY, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS INTERROGATORIES together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 ?Jra'o7 ?K ? 25.60 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 07/17/2007 KATHERMAN BRIGGS GREENBERG By: day eputy Sheri ff A. D. SHERIFF'S RETURN - REGULAR • CASE NO: 2007-03978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LUCAS KIMBERLY VS SHEETZ ROBERT ET AL MEGAN MARLOW , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MECHANICSBURG PA BOROUGH OF the DEFENDANT , at 1420:00 HOURS, on the 13th day of July , 2007 at 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 LESLIE HOCKER, CLERK by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS INTERROGATORIES together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 9.60 Affidavit .00 Surcharge 10.00 R. Thomas Kline YI?3?b?`` .00 25.60 07/17/2007 KATHERMAN BRIGGS GREENBERG Sworn and Subscibed before me this to day By: eputy ri S eriff of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-03978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LUCAS KIMBERLY VS SHEETZ ROBERT ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit. PENNSYLANIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION but was unable to locate Them deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to INTERROGATORIES On July 17th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers-- Docketing 6.00 Out of County 9.00 Surcharge 10.00 R' Thomas K n Dep Dauphin Co 29.25 Sheriff of Cumberland County .00 5 4 . 2 5 ? ?/1316 ? 07/17/2007 KATHERMAN BRIGGS GREENBERG Sworn and subscribe to before me this day of A. D. w ?,?t? of. ?Cunr?erC r f ?, t R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 T0: Hon.. Jack Lotwick Dauphin County Sheriff Dear Sir: Kimberly Lucas ' VS Robert Sheetz et al 07-3978 civil' RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Enclosed please find writ of Summons and Interrogatories Department of Transportation of the to be served upon Commonwealth of Pennsylvania Keystone Building 400 North Street Harrisburg, PA .17120 in your County. Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Enclosures: Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania In The Court of Common Pleas of Cumberland County, Pennsylvania Kimberly Lucas vs. Robert Sheetz et al No. 07-3978 civil SERVE: Department of Transportation of the Commonwealth of Pennsylvania Now, July 5, 2007 I SHE , , RIFF OF CUMBERLAND COUNTY , PA , do Dauphin County to execute this Writ, this hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, Affidavit of Service 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA (f)ffice Of t4e 6*hertff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LUCAS KIMBERLY vs County of Dauphin DEPARTMENT OF TRANSPORTATION OF THE Sheriff's Return No. 1009-T - - -2007 OTHER COUNTY NO. 07 3978 AND NOW:July 10, 2007 at 10: 56AM served the within WRIT OF SUMMONS & INTERROGATORIES upon DEPARTMENT OF TRANSPORTATION OF THE by personally handing COMMONWEALTH OF PA to MICHAEL RHEN LEGAL ASST 1 true attested copy(ies) of the original WRIT OF SUMMONS & INTERROGATORIES and making known to him/her the contents thereof at KEYSTONE BUILDING 400 NORTH STREET HARRISBURG, PA 17120-0000 Sworn and subscribed to before me this 12TH day of JULY, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, ? ?* e,;? Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$29.25 PAID BY COUNTY BRESSLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY LUCAS NO: 07-3978 - Civil Term Plaintiff VS ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA, and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA: Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notices are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a default 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 THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. A VISO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenerse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. Usted puede perder dinero, o propriedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENDER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 COMPLAINT The Plaintiff, Kimberly Lucas, by her attorneys, Evan J. Kline, Esquire and Katherman, Briggs & Greenberg, files this Complaint and states the following: 1. Plaintiff, Kimberly Lucas, is an adult individual residing at 4191 Gettysburg Road, Lot 13, Camp Hill, Pennsylvania 17011. 2. Defendants, Robert Sheetz and Linda Sheetz, are husband and wife, adult individuals, with a last known address of 25 Rife Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant, Silver Spring Township, has a principal place of business at 6475 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. Defendant, Borough of Mechanicsburg, PA, has a principal place of business at 36 West Allen Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Defendant, Department of Transportation of the Commonwealth of Pennsylvania, has a principal place of business at Keystone Building, 400 North Street, Harrisburg, Dauphin County, Pennsylvania 17120. 6. On or about August 4, 2005, at approximately 11:37 a.m., Plaintiff, Kimberly Lucas, was the owner and operator of a 1992 Ford with Pennsylvania registration number YRD7629. 7. On the aforesaid date at the aforesaid time, the Plaintiff was traveling westbound on Church Street, approaching the intersection with Mulberry Drive, in Silver Spring Township, Cumberland County, Pennsylvania. 8. At the time, the Defendant, Robert Sheetz, was the operator of a 2002 Toyota, which vehicle he owned with Defendant, Linda Sheetz, with Pennsylvania registration number DAZ2691. 9. On the aforesaid date at the aforesaid time, the Defendant, Robert Sheetz, was traveling northbound on Mulberry Drive, approaching the intersection with Church Street, in Silver Spring Township, Cumberland County, Pennsylvania. 10. At the aforesaid time and place, the Defendant failed to properly stop at a posted stop sign at the intersection of Mulberry Drive and Church Street, thereby causing a collision between the Plaintiff's and Defendant's vehicles. 11. As a result of the collision, the Plaintiff, Kimberly Lucas, sustained personal injuries, including but not limited to injuries to her back, hip, neck, head, jaw and mouth, soft tissue injuries, and various other ills and injuries. 12. As a result of the accident, Plaintiff, Kimberly Lucas, incurred medical expenses in the treatment, medication, and other miscellaneous expenses for her injuries and may continue to incur medical expenses in the future for her injuries, for which a claim is asserted to the extent recoverable under the Motor Vehicle Financial Responsibilities Law. 13. As a result of the accident, Plaintiff, Kimberly Lucas, sustained or may sustain losses for which the following are legally recoverable categories of damages: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation and mental anxiety; c. Past and future incidental costs; d. Past and future loss of life's enjoyment; e. Past and future loss of earnings and earning capacity; and f. Possible future scarring. COUNTI KIMBERLY LUCAS V. ROBERT SHEETZ 14. The accident and injuries and damages sustained by the Plaintiff, Kimberly Lucas, are the direct and proximate result of the negligent, careless, and reckless manner in which the Defendant, Robert Sheetz, acted or failed to act in the following particulars: a. Failing to make reasonable and prudent observations of the conditions then existing; b. Pulling his vehicle into an intersection into the path of another vehicle; c. Failing to maintain reasonable and proper control of the vehicle he was operating; d. Failing to keep alert, anticipate traffic and roadway conditions, and maintain a proper lookout for other traffic; e. Operating his vehicle in violation of Section 3323 and 3714 of the Pennsylvania Motor Vehicle Code; and f. Failing to pay reasonable and proper attention to the roadway and/or vehicles upon the roadway while operating his own vehicle; g. Driving his vehicle into the path of another vehicle; h. Failing to yield the right-of-way; and i. Failing to properly stop at a posted stop sign and/or negligently pulling from a posted stop sign. 15. The carelessness, recklessness and negligence of the Defendant, Robert Sheetz, as hereinafter more fully described, caused the aforesaid incident and resulting injuries and damages sustained by the Plaintiff. WHEREFORE, Plaintiff, Kimberly Lucas, demands judgment against the Defendant, Robert Sheetz, for compensatory damages in an amount in excess of the arbitration threshold, together with interest, costs of suit, and delay damages. COUNT II KIMBERLY LUCAS V. LINDA SHEETZ 16. The allegations of the preceding paragraphs of this Complaint are incorporated herein by reference thereto. 17. The negligence of the Defendant, Linda Sheetz, in causing the above accident consisted of negligently entrusting the driving of the vehicle in this case to Defendant, Robert Sheetz, when Defendant, Linda Sheetz, knew or should have known that Defendant, Robert Sheetz, was an individual without the capacity to safely operate this motor vehicle. 18. Such negligence was the substantial causal factor in the accident and Plaintiff s injuries and damages as set forth above. WHEREFORE, Plaintiff, Kimberly Lucas, demands judgment against the Defendant, Linda Sheetz, for compensatory damages in an amount in excess of the arbitration threshold, together with interest, costs of suit, and delay damages. COUNT III KIMBERLY LUCAS V. SILVER SPRING TOWNSHIP 19. The allegations of the preceding paragraphs of this Complaint are incorporated herein by reference thereto. 20. As a result of the collision, Plaintiff was seriously injured. 21. The Plaintiff believes that Defendant, Robert Sheetz, will aver that his vision of a stop sign for his lane of travel at the intersection of Mulberry Drive and Church Street was obstructed by vegetation, trees or shrubbery. Therefore, the Plaintiff makes this averment. 22. Defendant, Silver Spring Township, knew, or should have known, of any such obstruction to the view of the aforementioned stop sign in sufficient time to correct any such obstruction prior to the occurrence of this accident. 23. The negligence and carelessness of the Defendant, Silver Spring Township, by and through its agents and/or employees, consisted of: a. Failing to properly maintain the intersection of Mulberry Drive and Church Street, Cumberland County, Pennsylvania, in particular, the area of and around the stop sign controlling northbound traffic on Mulberry Drive, so that it was and remained safe for vehicle travel; b. Violating its duty of due care to maintain a safe travel environment for vehicles traveling through this intersection; c. Causing, permitting and/or failing to correct a hazardous condition, in particular, allowing branches from a nearby tree to cover the posted stop sign, hindering drivers of a clear vision of the posted stop sign prior to entering the intersection; d. Failing to remedy a dangerous condition, in particular, allowing branches from a nearby tree to cover the posted stop sign, which created a reasonable foreseeable risk of injury to others, in particular, the Plaintiff, when Defendant had sufficient time within which to remedy the dangerous condition. WHEREFORE, Plaintiff, Kimberly Lucas, demands judgment against the Defendant, Silver Spring Township, for compensatory damages in an amount in excess of the arbitration threshold, together with interest, costs of suit, and delay damages. COUNT IV KIMBERLY LUCAS V BOROUGH OF MECHANICSBURG PA 24. The allegations of the preceding paragraphs of this Complaint are incorporated herein by reference thereto. 25. As a result of the collision, Plaintiff was seriously injured. 26. The Plaintiff believes that Defendant, Robert Sheetz, will aver that his vision of a stop sign for his lane of travel at the intersection of Mulberry Drive and Church Street was obstructed by vegetation, trees or shrubbery. Therefore, the Plaintiff makes this averment. 27. Defendant, Borough of Mechanicsburg, PA, knew, or should have known, of any such obstruction to the view of the aforementioned stop sign in sufficient time to correct any such obstruction prior to the occurrence of this accident. 28. The negligence and carelessness of the Defendant, Borough of Mechanicsburg, PA, by and through its agents and/or employees, consisted of a. Failing to properly maintain the intersection of Mulberry Drive and Church Street, Cumberland County, Pennsylvania, in particular, the area of and around the stop sign controlling northbound traffic on Mulberry Drive, so that it was and remained safe for vehicle travel; b. Violating its duty of due care to maintain a safe travel environment for vehicles traveling through this intersection; c. Causing, permitting and/or failing to correct a hazardous condition, in particular, allowing branches from a nearby tree to cover the posted stop sign, hindering drivers of a clear vision of the posted stop sign prior to entering the intersection; d. Failing to remedy a dangerous condition, in particular, allowing branches from a nearby tree to cover the posted stop sign, which created a reasonable foreseeable risk of injury to others, in particular, the Plaintiff, when Defendant had sufficient time within which to remedy the dangerous condition. WHEREFORE, Plaintiff, Kimberly Lucas, demands judgment against the Defendant, Borough of Mechanicsburg, PA, for compensatory damages in an amount in excess of the arbitration threshold, together with interest, costs of suit, and delay damages. COUNT V KIMBERLY LUCAS V. DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA 29. The allegations of the preceding paragraphs of this Complaint are incorporated herein by reference thereto. 30. As a result of the collision, Plaintiff was seriously injured. 31. The Plaintiff believes that Defendant, Robert Sheetz, will aver that his vision of a stop sign for his lane of travel at the intersection of Mulberry Drive and Church Street was obstructed by vegetation, trees or shrubbery. Therefore, the Plaintiff makes this averment. 32. Defendant, Department of Transportation of the Commonwealth of Pennsylvania, knew, or should have known, of any such obstruction to the view of the aforementioned stop sign in sufficient time to correct any such obstruction prior to the occurrence of this accident. 33. The negligence and carelessness of the Defendant, Department of Transportation of the Commonwealth of Pennsylvania, by and through its agents and/or employees, consisted of. a. Failing to properly maintain the intersection of Mulberry Drive and Church Street, Cumberland County, Pennsylvania, in particular, the area of and around the stop sign controlling northbound traffic on Mulberry Drive, so that it was and remained safe for vehicle travel; b. Violating its duty of due care to maintain a safe travel environment for vehicles traveling through this intersection; c. Causing, permitting and/or failing to correct a hazardous condition, in particular, allowing branches from a nearby tree to cover the posted stop sign, hindering drivers of a clear vision of the posted stop sign prior to entering the intersection; d. Failing to remedy a dangerous condition, in particular, allowing branches from a nearby tree to cover the posted stop sign, which created a reasonable foreseeable risk of injury to others, in particular, the Plaintiff, when Defendant had sufficient time within which to remedy the dangerous condition. WHEREFORE, Plaintiff, Kimberly Lucas, demands judgment against the Defendant, Department of Transportation of the Commonwealth of Pennsylvania, for compensatory damages in an amount in excess of the arbitration threshold, together with interest, costs of suit, and delay damages. Respectfully submitted, 00 Evan J. Kli e squire Attorney for Plaintiff 7 East Market Street York, PA 17401 (717) 848-3838 I.D. #70283 4 4 if V E R I F I C A T 1 0 N I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: V i; f .-:ti `lam IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY LUCAS : NO: 07-3978 - Civil Term Plaintiff VS ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA, and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA: Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 17`' day of August, 2007, I hereby certify that the Plaintiff's Complaint above-captioned was mailed by United States First Class mail, postage prepaid, to: Robert & Linda Sheets 25 Rife Drive Mechanicsburg, PA, 17050 Mark T. Riley, Esquire 620 Freedom Business Center, Ste 300 King of Prussia, PA 19406 Daniel R. Goodemote, Esquire Office of the Attorney General Torts Litigation Section 15U' Floor, Strawberry Square Harrisburg, PA 17120 Robin Gardner Erie Insurance 4901 Louise Drive P.O. Box 2013 Mechanicsburg, PA 17055 KATHERMAN, 7S & GREENBERG, LLP By: C EVAN J. KLINE, QUIRE Attorney I.D. No. 70283 Attorney for Plaintiff 7 East Market Street York, PA 17401 (717) 848-3838 Dated: August 17, 2007 ? ?> G?. "= ?=-? _? ??,? ?? ::; i.. .' ?x3 ...fQ ??:? Cra .,.{. -.. ?`"' Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 is@jdsw.com KIMBERLY LUCAS, Plaintiff V. ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant Attorneys for Defendants Sheetz : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE ENTER THE Appearance of the undersigned on behalf of the Defendants, Robert Sheetz and Linda Sheetz, in the above-captioned matter. Date: t/,27/6 7 JOHNSON, DUFFIE, STEWART & WEIDNER r B $ffigon J. Ship an, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendants Sheetz A, A ''% CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on ' ? d 7 Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff Mark Riley, Esquire 620 Freedom Business Center Suite 300 King of Prussia, PA 19406 Attorney for Silver Spring Township and Borough of Mechanicsburg Daniel Goodemote, Deputy Attorney General Commonwealth of Pennsylvania 15th Floor, Strawberry Square One Capitol Complex Harrisburg, PA 17120-0001 JOHNSON, DUFFIE, STEWART & WEIDNER (?V - , " Y. - Jeff or . Shipm ,Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants 306659 C? -rt ?, ' IP V (_(4) o co f J1 N Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Bs@jdsw.com KIMBERLY LUCAS, V. Attorneys for Defendants Sheetz IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendants : CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorney for Plaintiff Mark Riley, Esquire 620 Freedom Business Center Suite 300 King of Prussia, PA 19406 Attorney for Silver Spring Township and Borough of Mechanicsburg Daniel Goodemote, Deputy Attorney General Commonwealth of Pennsylvania 15th Floor, Strawberry Square One Capitol Complex Harrisburg, PA 17120-0001 YOU ARE HEREBY notified to plead to the within New Matter and Cross-Claim of Defendants, Robert Sheetz and Linda Sheetz, within twenty (20) days. JOHNSON, DUFFIE, STEWART & WEIDNER Jeff on . AShipmar(,_Esquire I.D. 51785 P.O. Box 109 Lemoyne, PA 17043 DATE: Attorneys for Defendants Sheetz g Y ? 7 308W Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com KIMBERLY LUCAS, v. Attorneys for Defendants Sheetz IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, ROBERT SHEETZ AND LINDA SHEETZ AND NOW, come the Defendants, Robert Sheetz and Linda Sheetz, by and through their counsel, Jefferson J. Shipman, Esquire, and Johnson, Duffle, Stewart & Weidner, and file the following Answer and New Matter to Plaintiffs Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted in part, denied in part. It is admitted only that there was a collision at the intersection of Mulberry Drive and Church Street. The remaining averments of 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. 11. 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 11, relating to Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 12. 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 12 and the same are therefore denied and strict proof demanded at the time of trial. 13. 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 13 and the same are therefore denied and strict proof demanded at the time of trial. COUNTI KIMBERLY LUCAS v. ROBERT SHEETZ 14. Denied. The averments contained in Paragraph 14, and subparagraphs a. through i., 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. Denied. It is specifically denied that Mr. Sheetz failed to make reasonable and prudent observations of the conditions then existing; b. Denied. It is specifically denied that Mr. Sheetz was negligent in allegedly pulling his vehicle into an intersection and into the path of another vehicle; C. Denied. It is specifically denied that Mr. Sheetz failed to maintain reasonable and proper control over the vehicle he was operating; d. Denied. It is specifically denied that Mr. Sheetz failed to keep alert, anticipate traffic and roadway conditions, and maintain a proper lookout for other traffic; e. Denied. It is specifically denied that Mr. Sheetz was operating his vehicle in violation of §§3323 and 3714 of the Pennsylvania Motor Vehicle Code; f. Denied. It is specifically denied that Mr. Sheetz failed to pay reasonable and proper attention to the roadway and/or vehicles upon the roadway while operating his own vehicle; g. Denied. It is specifically denied that Mr. Sheetz drove his vehicle directly into the path of another vehicle; h. Denied. It is specifically denied that Mr. Sheetz failed to yield the right-of-way; and i. Denied. It is specifically denied that Mr. Sheetz failed to properly stop at a posted stop sign and/or negligently pulling from a posted stop sign. 15. Denied. The averments contained in Paragraph 15 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, Mr. Sheetz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15 relating to Plaintiffs alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Robert Sheetz, respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. COUNT II KIMBERLY LUCAS v. LINDA SHEETZ 16. The Defendant, Linda Sheetz, incorporates herein by reference the answers to Paragraphs 1 through 15 above as though fully set forth herein at length. 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. 18. Denied. The averments contained in Paragraph 18 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 Defendant, Linda Sheetz, respectfully requests that judgment be entered in her favor and that Plaintiffs Complaint be dismissed with prejudice. COUNT III KIMBERLY LUCAS v. SILVER SPRING TOWNSHIP 19. The answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 18 above as though fully set forth herein at length. 20-23. The averments contained in Paragraphs 20 through 23 are directed to another party and accordingly no response is required by answering Defendants. WHEREFORE, the Defendants, Robert Sheetz and Linda Sheets, respectfully requests that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT IV KIMBERLY LUCAS v. BOROUGH OF MECHANICSBURG, PA 24. The answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 23 above as though fully set forth herein at length. 25-28. The averments contained in Paragraphs 25 through 28 are directed to another party and accordingly no response is required by answering Defendants. WHEREFORE, the Defendants, Robert Sheetz and Linda Sheetz, respectfully requests that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. COUNT V KIMBERLY LUCAS v. DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA 29. The answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 24 above as though fully set forth herein at length. 30-33. The averments contained in Paragraphs 30 through 33 are directed to another party and accordingly no response is required by answering Defendants. WHEREFORE, the Defendants, Robert Sheetz and Linda Sheeta, respectfully requests that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 34. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 35. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Limited Tort Option. 36. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 37. That the Plaintiff has failed to state a cause of action as to Mrs. Sheetz. 38. That the Plaintiffs alleged injuries and damages may have been caused by a dangerous condition of the highway. 39. That the Plaintiffs alleged cause of action may have been caused by an intervening, superseding cause. 40. That the Plaintiffs alleged cause of action may have been caused by third parties or entities over whom the answering Defendants have no duty to control. 41. That the Plaintiffs alleged cause of action may been caused by third parties or entities not presently involved in this action. 42. That if there was any negligence on the part of the answering Defendants, which is specifically denied herein, then in that event, any such negligence was not a proximate cause, nor factual cause, of the Plaintiffs alleged harm. 43. That the Plaintiff may have failed to mitigate her damages. 44. That the Plaintiffs negligence included the following: (a) Traveling too fast for conditions; (b) Failing to be attentive to the Defendants' vehicle; and (c) Failing to pay reasonable and proper attention to the roadway conditions and vehicles. WHEREFORE, the answering Defendants, Robert Sheetz and Linda Sheetz, respectfully request that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER IN THE NATURE OF A CROSS-CLAIM PURSUANT TO PA. R.C.P. 2252(d) Robert Shee#z and Linda Sheets v. 45. That if it should be found that there was any negligence on the part of the answering Defendants, which is denied, then in that event the answering Defendants assert a cross-claim as to the Defendants, Silver Spring Township, Borough of Mechanicsburg and Commonwealth of Pennsylvania, Department of Transportation, and allege Defendants, Silver Spring Township, Borough of Mechanicsburg and Commonwealth of Pennsylvania, Department of Transportation, are solely liable or liable over to answering Defendants, or liable for contribution and indemnification. WHEREFORE, the Defendants, Robert Sheets and Linda Sheets, respectfully request that Defendants, Silver Spring Township, Borough of Mechanicsburg and Commonwealth of Pennsylvania, Department of Transportation, be held solely liable to the Plaintiff or, that in the event Robert Sheetz and Linda Sheetz are found to be liable on Plaintiffs alleged cause of action, which is specifically denied, then in that event, Defendants, Defendants, Silver Spring Township, Borough of Mechanicsburg and Commonwealth of Pennsylvania, Department of Transportation, are liable over to Defendants, Robert Sheetz and Linda Sheetz, , or jointly and/or severally liable for contribution and/or indemnity. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER J erson J. Shipm ftsalre uI . D. #: 51785 P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendants Sheetz Telephone: 717-761-4540 VERIFICATION I, Robert Sheetz, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Robert Sheetz DATE: -7 308652 VERIFICATION I, Linda Sheetz, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Linda Sheetz DATE: r" 31 1 ?--? 308653 1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff A/ / a Mark Riley, Esquire 620 Freedom Business Center Suite 300 King of Prussia, PA 19406 Attorney for Silver Spring Township and Borough of Mechanicsburg Daniel Goodemote, Deputy Attorney General Commonwealth of Pennsylvania 15th Floor, Strawberry Square One Capitol Complex Harrisburg, PA 17120-0001 JOHNSON, DUFFIE, STEWART & WEIDNER . Jeff on . S ipm , Esquire 1. D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz 306&59 c7 ,,, C? ?;:::; 7 ? ` ' ? '; ` ss? ''? T r ? __ •?? (•? e3.:i +9 .. ?? y CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KIMBERLY LUCAS ORIGIML COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- SILVER SPRING TOWNSHIP, ET AL CASE NO: 07-3978 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MARK T. RILEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/04/2007 R1.41 133-H M (Z44 on behalf of MARK T. RILEY, S Attorney for DEFEND AMT DE11-0708392 36936-LO1 :. COMMONWEALTH OF PENNSYLVANfA COUNTY OF CUMBERLAND IN THE MATTER OF : KIMBERLY LUCAS -VS- SILVER SPRING TOWNSHIP, ET AL [ Note: see enclosed list of locations ] COURT OF COMMON PLEAS TERM, CASE NO: 07-3978 TO: EVAN J. KLINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of MARK T. RILEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/13/2007 CC: MARK T. RILEY, ESQ. - 05130 Any questions regarding this matter, contact MCS on behalf of MARK T. RILEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H DR02-0371342 36936-C01 CQhW-QMRA4Md,-,99MMSyLVANIA COUNTt OF CUTIVIMLAND KIMBERLY LUCAS VS. TO: SILVER SPRING TOWNSHIP, ET AL File No. 07-3978 Custodian of Records for BEAUDRY ORAL SURGERY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER,*.*** at The MCS Q=- Inc.- 1601 Market Stt+cet, Suite 800 P ;1 a J9 PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Di lion SEP 0 4 2007 Date: v? _ adt? 7 Seal of the Court Dlepu(f 7.<02x-n i EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BEAUDRY ORAL SURGERY 3600 OLD GETTYSBURG ROAD CAMP HILL, PA 17011 RE: 36936 KIMBERLY LUCAS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RADIOLOGY REPORTS Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : KIMBERLY LUCAS 4191 GBTTSBURG ROAD, CAMP HILL, PA 17011 Date of Birth: 09-16-1977 R1.41S 133-H SU10-0700132 36936-LO1 ekkkioleitk PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KIMBERLY LUCAS ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- SILVER SPRING TOWNSHIP, ET AL CASE NO: 07-3978 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MARK T. RILEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/04/2007 on behalf c)J ` K T. RILEY ESQ. Attorney for DE ANT R1.41 133-H DE11-0708393 36936-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KIMBERLY LUCAS -VS- SILVER SPRING TOWNSHIP, ET AL C Note: see enclosed list of locations ] COURT OF COMMON PLEAS TERM, CASE NO: 07-3978 TO: EVAN J. KLINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of MARK T. RILEY, EN. 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: 08/13/2007 CC: MARK T. RILEY, ESQ. - 05130 Any questions regarding this matter, contact MCS on behalf of MARK T. RILEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H D902-0371342 36936-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED BEAUDRY ORAL SURGERY CAPITAL REGION HEALTH SYSTEM HARTMAN REHABILITATION ASSOC DR. STEVEN TRIANTAFYLLOU GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY X-RAY REPORTS MEDICAL RECORDS BILLING ONLY X-RAY REPORTS R1.41S 133-H DE02-0371342 36936-COl COMMONWEAL OMEMSY:VANIA COUNTY OF CUMBERLAND KIMBERLY LUCAS VS. SILVER SPRING TOWNSHIP, ET AL File No. 07-3978 TO: Custodian of Records for CAPITAL REGION HEALTH SYSTEM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **"* SEE ATTACHED RIDER **** at The MCS CaM. Inne- 1601 Market Street, Suite 800_ Philade hi , PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARK T. RILEY. ESQ. ADDRESS: 620 FREEDOM BUSINESS CNT. SUITE 300 SING OF PRUSSIA PA 19406 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 8a200?7 Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil DiOfsion e- Deput$V 36936-02 EXPLANATION O REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CAPITAL REGION HEALTH SYSTEM 821 FULTON ST. HARRISBURG, PA 17102 RE: 36936 KIMBERLY LUCAS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RADIOLOGY REPORTS Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : RIMBBRLY LUCAS 4191 GBTTSBURG ROAD, CAMP HILL, PA 17011 Date of Birth: 09-16-1977 R1.41S 133-H SU10-0700134 36936-LO2 CERTIVICAT2 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KIMBERLY LUCAS ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- SILVER SPRING TOWNSHIP, ET AL CASE NO: 07-3978 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MARK T. RILEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/04/2007 I S on b -lf 777".4 / MARK T. RILEY, ?ESI Attorney for DEFE ANT R1.41 133-H DE11-0708394 36936-LO3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KIMBERLY LUCAS -VS- SILVER SPRING TOWNSHIP, ET AL ( Note: see enclosed list of locations ] COURT OF COMMON PLEAS TERM, CASE NO: 07-3978 TO: EVAN J. KLINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of MARK T. RILEY, Esq. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/13/2007 CC: MARK T. RILEY, ESQ. - 05130 Any questions regarding this matter, contact MCS on behalf of MARK T. RILEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H D902-0371342 36936-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED BEAUDRY ORAL SURGERY MEDICAL RECORDS & BILLING CAPITAL REGION HEALTH SYSTEM MEDICAL RECORDS & BILLING HARTMAN REHABILITATION ASSOC. MEDICAL RECORDS & BILLING DR. STEVEN TRIANTAFYLLOU MEDICAL RECORDS & BILLING GETTYSBURG HOSPITAL MEDICAL RECORDS GETTYSBURG HOSPITAL BILLING ONLY GETTYSBURG HOSPITAL X-RAY REPORTS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY REPORTS R1.41S 133-H DE02-0371342 36936-CO1 COMMONWEAUX &PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY LUCAS VS. TO: SILVER SPRING TOWNSHIP, ET AL File No. 07-3978 Custodian of Records for HARTMAN REHABILITATION ASSOC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following **** documents or things: **** SEE ATTACHED RIDER at The MCS CaM Inc.. 1601 Market Street Site 800, P i dPjp ia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: 01246-0900 SUPREME COURT ID M ATTORNEY FOR: Defendant BY THE COURT: /Sl C?Griflo ? ?Djrs? Prothonotary/Clerk, Civil vision SEP 0 4 2007 Date: ja 3 ? ,fir ? Seal of the Court Deput 36936-03 EXPLANATION (JQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARTMAN REHABILITATION ASSOC. 2501 N. 3RD ST. 3RD FLR. LANDIS BUILDING HARRISBURG, PA 17110 RE: 36936 KIMBERLY LUCAS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RADIOLOGY REPORTS Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : KnMERLY LUCAS 4191 GBTTSBURG ROAD, CAMP HILL, PA 17011 Date of Birth: 09-16-1977 R1.41S 133-H SU10-0700136 36936-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KIMBERLY LUCAS ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- SILVER SPRING TOWNSHIP, ET AL CASE NO: 07-3978 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MARK T. RILEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/04/2007 MCSo on beha-rl f MARK T. RILEY ES 9-7, Attorney for DEFENDANT R1.41 133-H DE11-0708395 36936-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KIMBERLY LUCAS -VS- SILVER SPRING TOWNSHIP, ET AL [ Note: see enclosed list of locations ] COURT OF COMMON PLEAS TERM, CASE NO: 07-3978 TO: EVAN J. KLINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of MARK T. RILEY, ESQ^ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/13/2007 CC: MARK T. RILEY, ESQ. - 05130 Any questions regarding this matter, contact MCS on behalf of MARK T. RILEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H D302-0371342 36936-COI -->>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED -- BEAUDRY ORAL SURGERY CAPITAL REGION HEALTH SYSTEM HARTMAN REHABILITATION ASSOC. DR. STEVEN TRIANTAFYLLOU GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY X-RAY REPORTS MEDICAL RECORDS BILLING ONLY X-RAY REPORTS R1.41S 133-H DE02-0371342 36936-COl COMMONWEALTH 6P PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY LUCAS VS. TO: SILVER SPRING TOWNSHIP, ET AL File No. 07-3978 Custodian of Records for DR. STEVEN TRIANTAFYLLOU (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS Can- IN-, 1601 Madget Street Suite 800, Philadejphi , PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 0 4 2007 Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Didion Depu 36936-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. STEVEN TRIANTAFYLLOU 1855 POWDER MILL ROAD YORK, PA 17403 RE: 36936 KIMBERLY LUCAS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RADIOLOGY REPORTS Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : KIMBERLY LUCAS 4191 GETTSBURG ROAD, CAMP HILL, PA 17011 Date of Birth: 09-16-1977 R1.41S 133-H SU10-070013s 36936-LO4 czkifiiditi PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KIMBERLY LUCAS ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- SILVER SPRING TOWNSHIP, ET AL CASE NO: 07-3978 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MARK T. RILEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/04/2007 / 14PS on beha MARK T . LEY, S/ . Attorney for D FEN T R1.41 133-H DE11-0708396 36936-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KIMBERLY LUCAS -VS- SILVER SPRING TOWNSHIP, ET AL [ Note: see enclosed list of locations COURT OF COMMON PLEAS TERM, CASE NO: 07-3978 TO: EVAN J. KLINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of MARK T. RILEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/13/2007 CC: MARK T. RILEY, ESQ. - 05130 Any questions regarding this matter, contact MCS on behalf of MARK T. RILEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H D302-0371342 36936-COl >>> LOCATION LIST « PAGE: 1 LOCATION NAME RECORDS REQUESTED BEAUDRY ORAL SURGERY CAPITAL REGION HEALTH SYSTEM HART14AN REHABILITATION ASSOC. DR. STEVEN TRIANTAFYLLOU GETTYSBURG HOSPITAL GETPYSBURG HOSPITAL GIrMSBURG HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY X-RAY REPORTS MEDICAL RECORDS BILLING ONLY X-RAY REPORTS R1.41S 133-H D902-0371342 36936-COl COMMONWEALTH OV PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY LUCAS VS. SILVER SPRING TOWNSHIP, ET AL File No. 07-3978 TO: Custodian of Records for GETTYSBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS mottn_ Inc.- 1601 Market Street, Suite 800, P it ia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: (2151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: e "y/ '.ge-q_ d2on Prothonotary/Clerk, Civil Date: EP Q? 4 2? 7 Depot Seal of the Court 36936-05 EXPLANATION OIP REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GETTYSBURG HOSPITAL MEDICAL RECORDS 147 GETTYS STREET GETTYSBURG, PA 17325 RE: 36936 KIMBERLY LUCAS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : RIE®BRLY LUCAS 4191 GETTSBURG ROAD, CAMP HILL, PA 17011 Date of Birth: 09-16-1977 R1.41S 133-H SU10-0700140 36936-LOS PREMUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY LUCAS TERM, CUMBERLAND -VS- CASE NO: 07-3978 SILVER SPRING TOWNSHIP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MARK T. RILEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/04/2007 MC on behaP,ESO-yJ0/ MARK T. IL Attorney for DE 81.41 133-H DE3.1-0708397 36936-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KIMBERLY LUCAS -VS- SILVER SPRING TOWNSHIP, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3978 NOTICE OF I SNT TO SKM A SMOMIA TO PRODUCE DOCUNSNTS AND THINGS FOR DISCO MY PRUSUANT TO RULS 4049.21 Note: see enclosed list of locations l TO: EVAN J. KLINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of MARK T. RILEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/13/2007 CC: MARK T. RILEY, ESQ. - 05130 Any questions regarding this matter, contact MCS on behalf of MARK T. RILEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H D302-0371342 36936-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED BEAUDRY ORAL SURGERY MEDICAL RECORDS & BILLING CAPITAL REGION HEALTH SYSTEM MEDICAL RECORDS & BILLING HARTMAN REHABILITATION ASSOC. MEDICAL RECORDS & BILLING DR. STEVEN TRIANTAFYLLOU MEDICAL RECORDS & BILLING GETTYSBURG HOSPITAL MEDICAL RECORDS GETTYSBURG HOSPITAL BILLING ONLY GETTYSBURG HOSPITAL X-RAY REPORTS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY REPORTS R1.41S 133-H DE02-0371342 36936-CO1 COMMONWEAL'T'H bf PEMSYLVANIA COUNTY OF CUMBERLAND KIMBERLY LUCAS VS. SILVER SPRING TOWNSHIP, ET AL File No. 07-3978 TO: Custodian of Records for GETTYSBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Cg=. Inc- 1601 Market SMML cite 800, P iladelphi-, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request.at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MASK T. RILEY. M. ADDRESS: 620 FREEDOM BUSINESS CNT. SUITE 300 KING OF PRUSSIA- PA 19406 TELEPHONE: (215,) 246-0900 SUPREME COURT ID ATTORNEY FOR: Defendant Date: SE j- ?? 77 Seal of the Court BY THE COURT: ,a,, GG'z?:) Prothonotary/Clerk, Ci ' ivision Depu 36936-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GETTYSBURG HOSPITAL BILLING DEPT. PO BX 15198 1001 S GEORGE ST YORK, PA 174057198 RE: 36936 KIMBERLY LUCAS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : KIMBERLY LUCAS 4191 GETTSBURG ROAD, CAMP HILL, PA 17012 Date of Birth: 09-16-1977 R1.41S 133-H SU10-0700142 36936-LO6 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY LUCAS TERM, CUMBERLAND -VS- CASE NO: 07-3978 SILVER SPRING TOWNSHIP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MARK T. RILEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/04/2007 MARK T. RILfiY, fiSQ Attorney for DEFEt' ANT R1.41 133-H DE11-0708398 36936-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KIMBERLY LUCAS -VS- SILVER SPRING TOWNSHIP, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3978 NOTICE OF XMW TO SAM A SUHPO A TO PRODUCE DOCUMTS AND THINS FOR DISCOVERY PURSQANT TO RULE 4009.21 ( Note: see enclosed list of locations ] TO: EVAN J. KLINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of MARK T. RILEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/13/2007 CC: MARK T. RILEY, ESQ. - 05130 Any questions regarding this matter, contact MCS on behalf of MARK T. RILEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H DE02-0371342 36936-Col »> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED BEAUDRY ORAL SURGERY CAPITAL REGION HEALTH SYSTEM HARTMAN REHABILITATION ASSOC. DR. STEVEN TRIANTAFYLLOU GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY X-RAY REPORTS MEDICAL RECORDS BILLING ONLY X-RAY REPORTS R1.41S 133-H DE02-0371342 36936-CO1 COMMONWEALTH Off` PENNSYLVANIA COUNTY OF CUMBERLAND KRABERLY LUCAS VS. SILVER SPRING TOWNSHIP, ET AL File No. 07-3978 TO: Custodian of Records for GETTYSBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER.**** at The MCS CM 1601 Market Street. Suite 800 PhiledejpW PA_ 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARK T. RILEY. ESQ. ADDRESS: 620 FREEDOM BUSINESS CNT. SUITE 30Q . - KING OF PRUSSIA- PA 19406 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SE? A 4 2007 Date: 8 Seal of the Court BY THE COURT: ?io Prothonotary/Clerk, Civil DO Deput 36936-07 EXPLANATION REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GETTYSBURG HOSPITAL RADIOLOGY 147 GETTYS STREET GETTYSBURG, PA 17325 RE: 36936 KIMBERLY LUCAS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL X-RAY REPORTS PERTAINING TO: Dates Requested: up to and including the present. Subject : KnWERLY LUCAS 4191 GETTSBURG ROAD, CAMP HILL, PA 17011 Date of Birth: 09-16-1977 R1.41S 133-H SU10-0700144 36936-LO7 OIRIGINJAI rft CERTIFICATIS PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY LUCAS TERM, CUMBERLAND -VS- CASE NO: 07-3978 SILVER SPRING TOWNSHIP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MARK T. RILEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/04/2007 l on behalf T. RILEY ES Attorney for DEFENDANT R1.41 133-H DE11-0708399 36936-LO8 COMMONWEALTH OF PENk8YtVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KIMBERLY LUCAS -VS- SILVER SPRING TOWNSHIP, ET AL [ Note: see enclosed list of locations COURT OF COMMON PLEAS TERM, CASE NO: 07-3978 TO: EVAN J. KLINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of MARK T. RILEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/13/2007 CC: MARK T. RILEY, ESQ. - 05130 Any questions regarding this matter, contact MCS on behalf of MARK T. RILEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H D902-0371342 36936-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED BEAUDRY ORAL SURGERY CAPITAL REGION HEALTH SYSTEM HARTMAN REHABILITATION ASSOC. DR. STEVEN TRIANTAFYLLOU GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY X-RAY REPORTS MEDICAL RECORDS BILLING ONLY X-RAY REPORTS R1.41S 133-H DE02-0371342 36936-COl COMMONWEALTH OP PENNSYLVANIA COUNTY OF CUMBERLAND KIlABERLY LUCAS VS. SILVER SPRING TOWNSHIP, ET AL File No. 07-3978 SUBPOENA TO MQ UCE DOCUMENTS OR T TC FOR DISCOVERY PURSUANT TO RULE 4609.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group- Inc__ 1601 Market Street Suite 800, P iladelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 0 4 2007 Date: _ 3. o70O Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 36936-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 36936 KIMBERLY LUCAS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : xnwNRLY LUCAS 4191 GETTSBURG ROAD, CAMP HILL, PA 17011 Date of Birth: 09-16-1977 R1.41S 133-H SU10-0700146 36936-LO8 CERTflo-tCAfs ORIGINAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY LUCAS TERM, CUMBERLAND -VS- CASE NO: 07-3978 SILVER SPRING TOWNSHIP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MARK T. RILEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. //MCS on behalf DATE: 09/04/2007 MARK T. RILEY, ES Attorney for DEFENDANT R1.41 133-H DE11-0708400 36936-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KIMBERLY LUCAS -VS- SILVER SPRING TOWNSHIP, ET AL [ Note: see enclosed list of locations ] COURT OF COMMON PLEAS TERM, CASE NO: 07-3978 TO: EVAN J. KLINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of MARK T. RILEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/13/2007 CC: MARK T. RILEY, ESQ. - 05130 Any questions regarding.this matter, contact MCS on behalf of MARK T. RILEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H D1302-0371342 36936-CO1 >>> LOCATION LIST « < PAGE: 1 LOCATION NAME RECORDS REQUESTED BEAUDRY ORAL SURGERY CAPITAL REGION HEALTH SYSTEM HARTMAN REHABILITATION ASSOC. DR. STEVEN TRIANTAFYLLOU GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY X-RAY REPORTS MEDICAL RECORDS BILLING ONLY X-RAY REPORTS R1.41S 133-H DE02-0371342 36936-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY LUCAS VS. SILVER SPRING TOWNSHIP, ET AL File No. 07-3978 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS Group. Inc._ 1601 Market Street, Suite 800, Philadel9bia_ PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: (215) 146-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 0 4 tom Date: 7 Seal of the Court BY THE COURT: sal' Ga? Prothonotary/Clerk, Civil vision Deputy36936-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL BILLING DEPT. 503 N. 21ST STREET CAMPHILL, PA 17011 RE: 36936 KIMBERLY LUCAS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. subject : RINBERLY LUCAS 4191 GETTSBURG ROAD, CAMP HILL, PA 17011 Date of Birth: 09-16-1977 R1.41s 133-H SU10-0700148 36936-LO9 CERTIFICATE ORIGINAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY LUCAS TERM, CUMBERLAND -VS- CASE NO: 07-3978 SILVER SPRING TOWNSHIP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MARK T. RILEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/04/2007 R1.41 133-H / MC S DE11-07084ol 36936-L10 MARK T. RILEY, ES Attorney for DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KIMBERLY LUCAS -VS- SILVER SPRING TOWNSHIP, ET AL ( Note: see enclosed list of locations ] COURT OF COMMON PLEAS TERM, CASE NO: 07-3978 TO: EVAN J. KLINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of MARK T. RILEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/13/2007 CC: MARK T. RILEY, ESQ. - 05130 Any questions regarding this matter, contact MCS on behalf of MARK T. RILEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H D902-0371342 36936-COl >>> LOCATION LIST «< PAGE: 1 LOCATION NAME; RECORDS REQUESTED BEAUDRY ORAL SURGERY CAPITAL REGION HEALTH SYSTEM HARTMAN REHABILITATION ASSOC. DR. STEVEN TRIANTAFYLLOU GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL GETTYSBURG HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY X-RAY REPORTS MEDICAL RECORDS BILLING ONLY X-RAY REPORTS R1.41S 133-H D902-0371342 36936-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND YJMBERLY LUCAS VS. SILVER SPRING TOWNSHIP, ET AL File No. 07-3978 TO: Custodian of Records for HOLY SPIRIT HOSPITAL . (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS C,rM ,im.- 1601 Market Street Suite 800, P ' &Whi L PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE:..() 2464RW SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: SY. aCsy'y Seal of the Court BY THE COURT: 1-o 'e --.Z 11-110 Prothonotary/Clerk, Civil Di sion Deput 36936-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 36936 KIMBERLY LUCAS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL X-RAY REPORTS PERTAINING TO: Dates Requested: up to and including the present. Subject XINBRRLY LUCAS 4191 GBTTSSURG ROAD, CAMP HILL, PA 17011 Date of Birth: 09-16-1977 R1.41S 133-H SU10-0700150 36936-L10 N w ?7 V q" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY LUCAS : NO: 07-3978 - Civil Term Plaintiff VS ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA, and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA: Defendants : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS, ROBERT AND LINDA SHEETZ The Plaintiff, Kimberly Lucas, by her attorneys, Evan J. Kline, Esquire and Katherman, Briggs & Greenberg, files this Reply to New Matter and states the following: 34-44. Denied. The averments of these paragraphs are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of these paragraphs are denied pursuant to Pa.R.Civ.P. 1029(e). 45. The averments of this paragraph are directed to other parties and accordingly no response is required of the Plaintiff. WHEREFORE, Plaintiff respectfully requests the relief sought in her Complaint. Res tfull miffed, 'V c"'e, --? 7Evan J. K%de, Esquire Attorney for Plaintiff I.D. #70283 7 East Market Street York, PA 17401 (717) 848-3838 Dated: C? 6 io? I.. i t `t 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY LUCAS : NO: 07-3978 - Civil Term Plaintiff VS ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA, and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA: Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6 h day of *synt, I hereby certify that the Plaintiffs Reply To New Matter of Defendants, Robert Sheetz and Linda Sheetz above-captioned was mailed by United States First Class mail, postage prepaid, to: Jefferson J. Shipman, Esquire P.O. Box 109 Lemoyne, PA 17043-0109 Daniel R. Goodemote, Esquire Office of the Attorney General Torts Litigation Section 15'h Floor, Strawberry Square Harrisburg, PA 17120 Mark T. Riley, Esquire 620 Freedom Business Center, Ste 300 King of Prussia, PA 19406 7_??rr & GREENBERG, LLP EVAN J. KL , ESQUIRE Attorney I.D. No. 70283 Attorney for Plaintiff 7 East Market Street York, PA 17401 (717) 848-3838 Dated: September 6, 2007 Mpg f{; \26 A\LIAB\MTRILEY\LLPG\875045\MMKISSLING\05126\00156 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Mark T. Riley, Esquire Attorney I.D. # 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 mtriley@mdwcg.com Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLY LUCAS V. NO.: 07-3978 ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA ANSWER OF DEFENDANT, SILVER SPRING TOWNSHIP, TO NEW MATTER CROSSCLAIM OF DEFENDANTS ROBERT SHEET AND LINDA SHEETZ 45. Denied. The matters alleged herein are conclusions of law to which no responsive pleadings are required pursuant to the Pennsylvania Rules of Civil Procedure and are, therefore, deemed denied. WHEREFORE, Answering Defendant demands judgment in its favor and against all other parties hereto MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 00/5 BY: MARK T. RILEY, ESQUIRE Attorney for Defendant, Silver Spring Township VERIFICATION Mark T. Riley, Esquire, being duly sworn according to law deposes and says that he is authorized to take this verification on behalf of Silver Spring Township and that the facts set forth in the foregoing Answer to New Matter Crossclaim are true and correct to the best of his knowledge, information, and belief. This verification is subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. MARK T. RICE-Y, E QUIRE DATE: ???U -7 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Mark T. Riley, Esquire Attorney I.D. # 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 mtriiey@mdwcg.com Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLY LUCAS V. NO.: 07-3978 ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA CERTIFICATE OF SERVICE MARK T. RILEY, ESQUIRE, being duly sworn and according to law hereby certifies that a true and correct copy of Defendant, Silver Spring Township's Answer to New Matter Crossclaim was forwarded to counsel on September 7, 2007 and said documents were sent first class mail, postage prepaid, to the last known address of the other parties or their representatives. Evan J. Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Jefferson J. Shipman, Esquire Johnson Duffie 301 Market Street P.O. box 109 Lemoyne, PA 17043 Daniel R. Goodemote, Esquire Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 11 BY: MARK T. RIL , ESQ Attorney for Defendant, Silver Spring Township r.a Cf7 m?:'.r N Tom' } FFF???iii \26 A\LIAB\MTRILEY\DISC\867371\MMKISSLING\05130\00000 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Marl T. Riley, Esquire Attorney I.D. # 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 mtriley(a?mdwcg.com Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLY LUCAS V. NO.: 07-3978 ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA CERTIFICATE OF SERVICE MARK T. RILEY, ESQUIRE, being duly sworn and according to law hereby certifies that a true and correct copy of Defendant, Silver Spring Township's Answers to Plaintiff's Pre-Complaint Discovery were forwarded to counsel on September 7, 2007 and said documents were sent first class mail, postage prepaid, to the last known address of the other parties or their representatives. Evan J. Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Jefferson J. Shipman, Esquire Johnson Duffle 301 Market Street P.O. box 109 Lemoyne, PA 17043 Daniel R. Goodemote, Esquire Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: MARK T. RILEY, ESQUIRE Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA ?' t -ti ! fM1 ??-? ???° ? ?.. ..? ? ? \26 A\LIAB\MMLEW.LPG\873967VMCURnS\05126\00156 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Marl T. Riley, Esquire Attorney I.D. # 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 mtriley@mdwcg.com Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLY LUCAS V. NO.: 07-3978 ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA ANSWER AND NEW MATTER OF DEFENDANT, SILVER SPRING TOWNSHIP. TO PLAINTIFF'S COMPLAINT WITH NEW MATTER CROSSCLAIM PURSUANT TO Pa.R.C.P. 2252(d) L-2. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth or falsity of the matters alleged herein; hence, same are denied with strict proof thereof demanded at the time of trial. 3. Admitted. 4. Admitted. 5. Denied. The allegations contained herein are directed to a party other than Answering Defendant and therefore require no response of Answering Defendant pursuant to the Pennsylvania Rules of Civil Procedure. Hence, same are deemed denied. 6.43. Denied. The matters alleged herein are denied pursuant to Pa.R.C.P. 1029(e). COUNTI 14. (a)-(i) Denied. The allegations contained herein are directed to a party other than Answering Defendant and therefore require no response of Answering Defendant pursuant to the Pennsylvania Rules of Civil Procedure. Hence, same are deemed denied. 15. Denied. The allegations contained herein are directed to a party other than Answering Defendant and therefore require no response of Answering Defendant pursuant to the Pennsylvania Rules of Civil Procedure. Hence, same are deemed denied. WHEREFORE, Answering Defendant demands judgment in its favor and against the Plaintiff. COUNTII 16. Answering Defendant hereby incorporates Paragraphs 1 through 15, inclusive, of its Answer and New Matter to Plaintiffs Complaint as though same were fully set forth at length. 17.-18. Denied. The allegations contained herein are directed to a party other than Answering Defendant and therefore require no response of Answering Defendant pursuant to the Pennsylvania Rules of Civil Procedure. Hence, same are deemed denied. WHEREFORE, Answering Defendant demands judgment in its favor and against the Plaintiff. COUNT III 19. Answering Defendant hereby incorporates Paragraphs 1 through 18, inclusive, of its Answer and New Matter to Plaintiffs Complaint as though same were fully set forth at length. 20.-22. Denied. The matters alleged herein are denied pursuant to Pa.R.C.P. 1029(e). 23. (a)-(d) Denied. The matters alleged herein are conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and are, therefore, deemed denied. To the extent that an answer may be required, said allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant demands judgment in its favor and against the Plaintiff. COUNT IV 24. Answering Defendant hereby incorporates Paragraphs 1 through 23, inclusive, of its Answer and New Matter to Plaintiffs Complaint as though same were fully set forth at length. 25.-28. Denied. The allegations contained herein are directed to a party other than Answering Defendant and therefore require no response of Answering Defendant pursuant to the Pennsylvania Rules of Civil Procedure. Hence, same are deemed denied. WHEREFORE, Answering Defendant demands judgment in its favor and against the Plaintiff. COUNT V 29. Answering Defendant hereby incorporates Paragraphs 1 through 28, inclusive, of its Answer and New Matter to Plaintiffs Complaint as though same were fully set forth at length. 30.-33. Denied. The allegations contained herein are directed to a party other than Answering Defendant and therefore require no response of Answering Defendant pursuant to the Pennsylvania Rules of Civil Procedure. Hence, same are deemed denied. To the extent that an answer may be required, said allegations are denied with strict proof thereof demanded at the time of trial. WHEREFORE, Answering Defendant demands judgment in its favor and against the Plaintiff. NEW MATTER 34. Plaintiffs Complaint fails to state a cause of action against Answering Defendant. 35. To the extent that Plaintiffs claims are barred and/or limited pursuant to the applicable Statutes of Limitation, Defendant claims same. 36. Plaintiffs alleged damages were in no way proximately caused by Answering Defendant. 37. If there is any legal responsibility for the damages set forth in Plaintiffs Complaint, it is the responsibility of individuals or entities over whom Answering Defendant had no control nor right to control. 38. Plaintiffs alleged claims are barred by 42 Pa.C.S.A. §8541 in that they do not come under any of the recognized exceptions to governmental immunity at 42 Pa.C.S.A. §8542(b), nor has Plaintiff stated a cause of action for which damages would be recoverable under common law or statute as required by 41 Pa.C.S.A. §8542(a)(1). 39. To the extent that Plaintiffs claims are barred or limited pursuant to the provisions of the Political Subdivision Tort Claims Act, Answering Defendant claims same. 40 Answering Defendant is entitled to deduct all benefits to which Plaintiff would have been entitled under any applicable policy of insurance pursuant to 42 Pa.C.S.A. §8553(d). 41. The immunity afforded by the Political Subdivision Tort Claims Act is a right not to go to trial, which right will be denied unless this matter is dismissed as to Answering Defendant prior to trial. 42. Plaintiffs causes of action are barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act. 43. Answering Defendant asserts all defenses available to it pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act. 44. Plaintiffs causes of action are barred both by Plaintiffs assumption of a known risk and/or contributory negligence. WHEREFORE, Answering Defendant prays that Plaintiffs Complaint be dismissed with costs and prejudice. NEW MATTER IN THE NATURE OF A CROSSCLAIM PURSUANT TO Pa.R.C.P. 2252(d) AGAINST CO-DEFENDANTS. ROBERT SHEETZ. LINDA SHEETZ AND THE DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA 45. If Plaintiff sustained any damages as alleged in her Complaint, then they were caused by the negligence, carelessness, recklessness and/or unlawfulness of Co-defendants, Robert Sheetz, Linda Sheetz and the Department of Transportation of the Commonwealth of Pennsylvania, as more fully set forth in Plaintiffs Complaint. 46. If Answering Defendant is found liable to Plaintiff, any such liability being strictly denied, then Co-Defendants, Robert Sheetz, Linda Sheetz and the Department of Transportation of the Commonwealth of Pennsylvania, are solely liable to Plaintiff, jointly and/or severally liable or liable over to Answering Defendant by way of contribution and/or full indemnity in all claims made by Plaintiff. WHEREFORE, should judgment be entered against Answering Defendant, liability for which is strictly denied, Answering Defendant demands that judgment be further entered against Co-defendants by way of contribution and/or full indemnity. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN BY: MARK T. RII EY, ESQbIRE Attorney for Defendant, Silver Spring Township, Borough of Mechanicsburg, PA VERIFICATION w i OLPA . CAW k , being duly sworn according to law deposes and says that he/she is authorized to take this verification on behalf of Silver Spring Township and that the facts set forth in the foregoing Answer and New Matter to Plaintiffs Complaint are true and correct to the best of his/her knowledge, information, and belief. This verification is subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. Tou Nn W. p ,mom !?Serr DATE: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Mark T. Riley, Esquire Attorney I.D. # 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 mtriley@mdwcg.com Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLY LUCAS V. NO.: 07-3978 ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA CERTIFICATE OF SERVICE MARK T. RILEY, ESQUIRE, being duly sworn and according to law hereby certifies that a true and correct copy of Defendant, Silver Spring Township's Answer and New Matter to Plaintiff's Complaint was forwarded to counsel on September 13, 2007 and said documents were sent first class mail, postage prepaid, to the last known address of the other parties or their representatives. Evan J. Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Jefferson J. Shipman, Esquire Johnson Duffie 301 Market Street P.O. box 109 Lemoyne, PA 17043 Daniel R. Goodemote, Esq. Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: MARK T. RILEY, ESQtftRE Attorney for Defendant, Silver Spring Township Fri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIlVIBERLY LUCAS : NO: 07-3978 - Civil Term Plaintiff VS ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA, and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA: Defendants : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, SILVER SPRING TOWNSHIP The Plaintiff, Kimberly Lucas, by her attorneys, Evan J. Kline, Esquire and Katherman, Briggs & Greenberg, files this Reply to New Matter and states the following: 34 - 44. Denied. The averments of these paragraphs are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of these paragraphs are denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Plaintiff respectfully requests the relief sought in her Complaint. Re ectfully bmitt Evan J. e, Esquire Attorney for Plaintiff I.D. #70283 7 East Market Street York, PA 17401 (717) 848-3838 Dated: September 18, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRVMERLY LUCAS : NO: 07-3978 - Civil Term Plaintiff VS ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA, and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA: Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 18'h day of September, 2007, I hereby certify that the Plaintiff s Reply To New Matter of Defendant, Silver Spring Township, above-captioned was mailed by United States First Class mail, postage prepaid, to: Jefferson J. Shipman, Esquire P.O. Box 109 Lemoyne, PA 17043-0109 Mark T. Riley, Esquire 620 Freedom Business Center, Ste 300 King of Prussia, PA 19406 Daniel R. Goodemote, Esquire Office of the Attorney General Torts Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 KATHERMAN BRIGGS & GREENBERG, LLP EV . KL , ESQUIRE Attorney I.D. No. 70283 Attorney for Plaintiff 7 East Market Street York, PA 17401 (717) 848-3838 Dated: September 18, 2007 row, rn -V Fn r-n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY LUCAS Plaintiff VS : NO: 07-3978 - Civil Term ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA, and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA: Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 18'h day of September, 2007, I hereby certify that the Plaintiff s Answers to Interrogatories (Two Sets) and Response to Request for Production of Documents of Defendant, Silver Spring Township, above-captioned was mailed by United States First Class mail, postage prepaid, to: Jefferson J. Shipman, Esquire P.O. Box 109 Lemoyne, PA 17043-0109 Mark T. Riley, Esquire 620 Freedom Business Center, Ste 300 King of Prussia, PA 19406 KATHEER?MAN RIGG & GREENBERG, LLP By: C .44111 Attorney I.D. No. 70283 Attorney for Plaintiff 7 East Market Street York, PA 17401 (717) 848-3838 Dated: September 18, 2007 in , -? i C-n 4 cit Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ps@jdsw.com Attorneys for Defendants Sheetz KIMBERLY LUCAS, V. ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED AND NOW, come the Defendants, Robert Sheetz and Linda Sheetz, by and through their counsel, Jefferson J. Shipman, Esquire, and Johnson, Duffle, Stewart & Weidner, and file the following Answer to Crossclaim of Defendant Silver Spring Township, by respectfully stating the following: 45-46. Denied. The averments contained in Paragraphs 45 and 46 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. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA WHEREFORE, the Defendants, Robert Sheetz and Linda Sheetz, respectfully request that judgment be entered in their favor and that Defendant Silver Spring's Crossclaim be dismissed. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Jefferson J. S ipman, Esquire I.D. M 51785 P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendants Sheetz Telephone: 717-761-4540 VERIFICATION PURSUANT TO PA. R.C P NO 1024(c) Jefferson J. Shipman, Esquire, states that he is the attorney for Came Ann Krah, the party filing the foregoing Answer and 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 unsworn falsification to authorities. Jeff rson J. Shipman Aft mey for Defendants Sheetz DATE: G1//814? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on q11 o Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff Mark Riley, Esquire 620 Freedom Business Center Suite 300 King of Prussia, PA 19406 Attorney for Silver Spring Township and Borough of Mechanicsburg Daniel Goodemote, Deputy Attorney General Commonwealth of Pennsylvania 15th Floor, Strawberry Square One Capitol Complex Harrisburg, PA 17120-0001 JOHNSON, DUFFIE, STEWART & WEIDNER B Jeff rson J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz 310490 ?a 9:13 26! 1024516.v 1 05126-00156 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Marl T. Riley, Esquire Attorney I.D. # 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 mtnley@mdwcg.com Attorney for Defendants, Silver Spring Township and Borough of Mechanicsburg, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLY LUCAS V. ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA NO.: 07-3978 CERTIFICATE OF SERVICE MARK T. RILEY, ESQUIRE, being duly sworn and according to law hereby certifies that a true and correct copy of Defendants, Silver Spring Township and Borough of Mechanicsburg, PA's Request for Admissions Directed to Plaintiff and Co-Defendants Robert Sheetz and Linda Sheetz were forwarded to counsel on September 21, 2007 and said documents were sent first class mail, postage prepaid, to the last known address of the other parties or their representatives. Jefferson J. Shipman, Esquire Daniel R. Goodemote, Esquire Evan J. Kline, Esquire Johnson Duffie Office of the Attorney General Katherman, Briggs & Greenberg 301 Market Street Torts Litigation Section 7 East Market Street P.O. Box 109 15th Floor, Strawberry Square York, PA 17401 Lemoyne, PA 17043 Harrisburg, PA 17120 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGG BY: MARK T. RILE , ESQUIRE Attorney for Defendants "°' ( ? C'.... J _.? ? C {::: J ._ ... --.'.. Ef_= _??-. ?? ?~? f ? ?« _ '? -. ? w;.r ?, a _- {.:. ?,' .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY LUCAS : NO: 07-3978 - Civil Term Plaintiff VS ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA, and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA: Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6' day of November 2007, I hereby certify that the Plaintiffs Answers to Interrogatories and Response to Request for Production of Documents of Defendants, Robert and Linda Sheetz, above-captioned was mailed by United States First Class mail, postage prepaid, to: Jefferson J. Shipman, Esquire P.O. Box 109 Lemoyne, PA 17043-0109 Mark T. Riley, Esquire 620 Freedom Business Center, Ste 300 King of Prussia, PA 19406 KATHE , BRI S & GREENBERG, LLP By: ? - EVAN J. MINE, DIRE Attorney I.D. No. 70283 Attorney for Plaintiff 7 East Market Street York, PA 17401 (717) 848-3838 Dated: _///('W €^? ' _ ? ?:.? C,` ~'7 i . ? f ; ? ? ?,p =? r? ? ?:i?+ . ?.i ?,n? s ? ,? r ? ? t: a Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 fls@jdsw.com KIMBERLY LUCAS, V. Attorneys for Defendants Sheetz IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNMN, DUFFIE, STEWART & WEIDNER Y fferson J. Shipman, Esquire Attorney I.D. No. X51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: Attorneys for Defendant ! a?i a? 07 9 ?, ? ? r' ?''?. ? ? , . ¢., ,. , .... . !? ?"y ., ?.a.. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER • By Jeff on J. Shipman, Esquire 1. D. t 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz ? ? .,,.,mss,. ;.. ?..,. ., , Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendants Sheetz KIMBERLY LUCAS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009 TO: Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve six (6) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By: Je rs J. Shipman, Esquire A rney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffdrson J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. File No. 07-3978 Robert Sheetz, Linda Sheetz, Silver Spring Township, ; . Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hartman Rehabilitation Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following dccuments or things: any and all medical records, correspondence, reports and diagnostic test resuits pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17/77 SSN: 529-96-4652 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne, PA 17043. 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: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: Mpg U7 Seal of the Co rt BY THE COURT: S - / a6,UL. 2 ?z Pro honotary/Clerk, Civil Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. File No. 07-3978 Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic and Spine Specialists (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: any and all medical records, correspondence, reports and diagnostic test results pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17177 SSN: 529-964652 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: O07 Seal of the Court BY THE COURT: ro onotary/Clerk, Civil Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Piaintiff vs. Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants File No. 07-3978 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hamilton Health 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: any and all medical records correspondence reports and diagnostic test results pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17/77 SSN: 529-96-4652 at Johnson, Duffie. Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. 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: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendants DATE: QD7 Seal of the Courtf BY THE COURT: LOW, Prothonotary/Clerk, Civil Divisi Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff VS. File No. 07-3978 Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Beaudry Oral Surgery (Name of Person or Entity) Within nventy (20) days after service of this subpoena, you are ordered by the court to produce the foilowing documents or things: any and all medical and or dental records, correspondence, reports and diagnostic test results pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17/77 SSN: 529-96-4652 at Johnson Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: ro honotary/Clerk, Civil Divisi n Lag a.0 Deputy DATE: I Qp, Seal of the Court(Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. File No. 07-3978 Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital (Name of Person or Entity) Within Nventy (20) days after service-of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diagnostic test results pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17/77 SSN: 529-96-4652 at Johnson. Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemoyne. PA 17043. 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: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: DATE: ALI- 607 Seal of the Cou ]c / ? zer-2. ? ro honotary/Clerk, Civil Di Ion Deputy (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants File No. 07-3978 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Gettysburg Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foiiowing documents or things: any and all medical records, correspondence, reports and diagnostic test results pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9117/77 SSN• 529-96-4652 at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne PA 17043. 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: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendants DATE: Mcuj. /- O D 7 Seal of the Couril (Eff. 7197) RY THE (r)l IRT- r?? C? C ? -?.a -? ?. _ ? _.. t ? _, ' ? t . t"- ;?__ y F:'?{?:? ?? ? • . ?; ?.?i ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kimberly Lucas, Plaintiff CIVIL ACTION - LAW V. Robert K. Sheetz and Linda Sheetz Defendant NO. 07-3978 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the NOTICE OF DEPOSITION as set forth below by first class United States postage: Jefferson J. Shipman, ESQ., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 KATHERMAN, BRIGGS & GREENBERG Date: January 29, 2008 B y: - f, 'Q Evan J. Kli , Esq. Attorney for Plaintiff Supreme Court I.D. #70283 7 East Market Street York, PA 17401 (717) 848-3838 M0171832 r%o r+ ?ci 9C t . N 6u Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 hs@jdsw.com KIMBERLY LUCAS, V. Plaintiff ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant Attorneys for Defendants Sheetz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; • (2) A copy of the Notice of intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSO By: DATE: a/' 4 b g DUFFIE, STEWART & WEIDNER A • Jeffson J. Shipman, Esquire Atto ey I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant w CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on a/ -2116 Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffer n J. Shipman, Esquire I.D. #. 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendants Sheetz KIMBERLY LUCAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendants CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve two (2) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. DATE: 1/m l ?J ? JOHNS , DUFFIE, STEWART & WEIDNER By: J erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Sheetz CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on t_) 1 $ Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffe son J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants File No. 07-3978 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Tamara Oser (@- University Physician Group (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are Qrdered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diagnostic test results pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17/77 SSN: 529-96-4652 at Johnson Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: d/s/62 Sea of he Court BY THE COURT: P othonotary/Clerl -i ffDiI on Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. File No. 07-3978 Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Peter VanGiesen (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: any and all medical records correspondence, reports and diagnostic test results pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17177 SSN: 529-96-4652 at Johnson Duffie Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne, PA 17043. 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: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: Pr thonotary/CI , LClvil DIsion Deputy DATE: Se of he Court (Eff. 7/97) C-O CiJ tali-'-: Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 hs@jdsw.com KIMBERLY LUCAS, V. Plaintiff ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant Attorneys for Defendants Sheetz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE.OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNqJeffffso-n UFFIE, STEWART & WEIDNER By: J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: 4J Attorneys for Defendant ) / ? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on Li 1 162, Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff JOHNSO& DUFFIE, STEWART & WEIDNER By Jeffersdn J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz `'Y Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendants Sheetz KIMBERLY LUCAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendants CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve two (2) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNS nDUFFIE, STEWART WEIDNER By: Jeff rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: Attorneys for Defendants Sheetz ? f ? a / D CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on a Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffers J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. File No. 07-3978 Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vallev Medical Grou (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: any and all medical records, reports, correspondence, and diagnostic test results pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17177 SSN: 529-96-4652 at Johnson Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: .3 b7 Od Seal of the Court BY THE COURT: S p. [zx-Q thonotary/Clerk, Civil Divisio ep (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants File No. 07-3978 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Marvio Szada (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: any and all medical records reports correspondence and diagnostic test results pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17/77 SSN: 529-96-4652 at Johnson, Duffie. Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. 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: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: 3 07 08 Seal of t He Court Jefferson J. Shipman. Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: 5 I Jig cc-IT r thonotary/Clerk, Civil Ok-Vision e ty (Eff. 7/97) na <_-?a - , ---{ `? . r'n { N ?: -? ? , ?? ? , ... r_ ?_ --<: KIMBERLY LUCAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT SHEETZ, LINDA SHEETZ, Defendants CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED VOLUNTARY DISCONTINUANCE PURSUANT TO Pa. R.C.P. 229 This oiatte is hereby voluntarily discontinued with prejudice against Linda Sheetz. All parties agree to this discontinuance, as evidenced by counsel's signatures below. The caption shall be amended removing Linda Sheetz as a Defendant. DATE: Date: q / Vr 328 68 KATHERMAN BRIGGS & GREENBERG By Evan J. K ' e, Esquire 7 East Market Street York, PA 17401-1205 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By (dO e erson J. Shi man, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendants Sheetz 00 zs y. I Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Ms@jdsw.com KIMBERLY LUCAS, V. Plaintiff ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant Attorneys for Defendants Sheetz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. DATE: 10/71 d $ JOHNSON, DUFFIE, STEWART & WEIDNER /1 d By: Jf ferson J. Shipman, Esquire A orney I.D. No. 517,85.".,-- 301 301 Market Street P.O. Box 109 Lemoyne, PA 17043-01.09 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffer J. Shipman, Esquire I.D. #: 1785 ' P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz ?-? ,? r? I' Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 bs@jdsw.com KIMBERLY LUCAS, V. Attorneys for Defendants Sheetz IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW ROBERT SHEETZ, LINDA SHEETZ,. SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendants NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED 7ICE OF INTENT TO TO: Evan J. Kline, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve three (3) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. DATE: "71 q/ ey JOHNSO DUFFIE, STEWART & WEIDNER By: Je rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Sheetz CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on `'? I Q JA Y1 Evan J. Kline, Esquire Katherman, Gribbs & Greenberg, LLP 7 East Market Street York, PA 17401 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffe n J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. Robort Sheetz, Linda Sheetz, Silver Spring Township, B6?ovgh of MechaniCSburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants File No. 07-3978 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 O: Hartman Reh3bil:t3tion Associates --- -- - - - -- (ivame 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: any and all medical records, reports, correspondence, and diagnostic test results from November 30, 2007 through July 31, 2008 pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17/77 SSN:529-96-4652 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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 lined 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: 1 .6+JONE: SJPREME COURT ID # ATTORNEY FOR: BY THE COURT: Al A//-/?-/ /Z z?zj- Prothonotary/Clerk, Civil Division 7; Deputy (Eff. 7/97) Jefferson J. Shipman, Esquire 301 Market Street Lemoyne, PA 17043 17-761-4540 51785 Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. File No. 07-3978 Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania. _ (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: any and all medical records, reports, correspondence, and diagnostic test results pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17/77 SSN: $29-96-4652 at Johnson Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne. PA 17043. 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: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SJPREME COUR T 1D #: 51785 ATTORNEY FOR: Defendants BY THE COURT: Al ZLZL Z2 &' Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. File No. 07-3978 Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Marvio Szada (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: any and all medical records, reports, correspondence, and diagnostic test results pertaining to Kimberly Lucas a/k/a Kimberly Smith DOB: 9/17/77 SSN: 529-96-4652 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. 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. !f 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: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division 17 Deputy DATE: Seal o the Court (Eff. 7197) r-? '°? a _. + Y C`"s M1 "^°i t'77 .- ?? :;} :? 7 f!.} ?; , (?. w Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Ms@jdsw.com KIMBERLY LUCAS, V. Plaintiff ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendant N {T Attorneys for Defendants 6keetz T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER B' J erson J. S ipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: (a CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on Evan J. Kline, Esquire 7 East Market Street York, PA 17401 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER 4#:Jerssk J. Shi an, Esquire 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Ms@jdsw.com KIMBERLY LUCAS, V. Attorneys for Defendants Sheetz IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, BOROUGH OF MECHANICSBURG, PA and DEPARTMENT OF TRANSPORTA- TION OF THE COMMONWEALTH OF PENNSYLVANIA, Defendants : CIVIL ACTION - LAW NO. 07-3978 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Evan J. Kline, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve one(1) 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 records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By. Jefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: Attorneys for Defendants Sheetz 3I17110 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage -? /16 ho prepaid, in Lemoyne, Pennsylvania, on Evan J. Kline, Esquire Katherman, Gribbs & Greenberg, LLP 7 East Market Street York, PA 17401 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By J erson J. Shipman, Esquire I. D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Sheetz COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly Lucas, Plaintiff vs. Robert Sheetz, Linda Sheetz, Silver Spring Township, Borough of Mechanicsburg, PA and Department of Transportation of the Commonwealth of Pennsylvania, Defendants File No. 07-3978 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Beaudrv Oral Surgery (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: any and all medical and or dental records correspondence reports and diagnostic test results including the MRI scans (actual films or CDs from 2005 and 2008) referenced in Dr. Beaudry's January 8 2010 report to Attomev Kline pertaininq to Kimberly Lucas a/k/a Kimberly Smith DOB 9/17177 SSN' 529-96-4652 at Johnson Duffle Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne, PA 17043. 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: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: AL& S I o the Court BY COURT: Prothonotary/Clerk, Ci I Division Deputy (Eff. 7/97) ?t???..'Ut' SEE; r' ?'rWOTHONOTAR) 2?t 1 ?A? -3 ?? ll ? 34 O PENNSYLVANIA COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY LUCAS NO: 07-3978 - Civil Term Plaintiff VS ROBERT SHEETZ, LINDA SHEETZ, SILVER SPRING TOWNSHIP, ; BOROUGH OF MECHANICSBURG, PA, and DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA: Defendants : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled and satisfied. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG By: 4?E4 Evan J. ine, Esquire Attorney for Plaintiff I.D. #70283 7 East Market Street York, PA 17401 (717) 848-3838 Dated: l `