The URL can be used to link to this page

Home My WebLink About07-4697PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LOR.RAINE BEINHAUR Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII., ACTION -LAW NO: - 07- ~Lo47 Civ~ ~ Term JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County. Respectfully submitted, ROMINGER & ASSOCIATES Date: Au st 8, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Telephone: (717) 241-6070 Supreme Court ID # 81924 WRIT OF SUMMONS To The Above Named Defendants: Michael Mikula Lorraine Beinhaur 523 5 Meadowbrook Dr. 2267 Ionoff Road Mechanicsburg, PA 17050 Harrisburg, Pennsylvania 17110 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. ~5/ ~i o .~ ~honotary Date: g'8J07 BY~ ~/ KY G~ «'.~ ~~.1.. `mar/ ~"'~ ' ~ ~ ~ ~ `~ O J n r•. _:: ~ ~ ~~ d _~ .. ., a ;~ _ Y~ p r ~ rte' C :) ~: ~.s ~ !`~"! ~~.) .~ SHERIFF'S RETURN - NOT FOUND CAvE N0: 2007-04697 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLEY PATRICK M ET AL VS MIKULA MICHAEL ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MIKULA MICHAEL but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS r NOT FOUND as to the within named DEFENDANT MIKULA MICHAEL 5235 MEADOWBROOK DRIVE MECHANICSBURG, PA 17050 PER FATHER, DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. SUPPOSED TO BE IN PRISON. Sheriff's Costs: Docketing 18.00 Service 9.60 Not Found 5.00 Surcharge 10.00 00 9/1N~6 ? ~., 4 So ;~R. Thomas Kline iff of Cumberland Caunty ROMINGER & ASSOCIATES 09/06/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CR.SE NO: 2007-04697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OR CUMBERLAND KELLEY PATRICK M ET AL VS MIKULA MICHAEL 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 BEINHAUR LORRAINE but was unable to locate Her deputized the sheriff of DAUPHIN to wit: in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On September 6th 2007 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So Docketing 6.00 Out of County 9.00 Surcharge 10.00 ~~ R. Dep Dauphin County 29.25 Postage 1.16 55.41 ~ ~ R ~ 09/06/2007 ROMINGER & ASSOCIATES Sworn and subscribe to before me this day of , Xmas tcl~ne ff of Cumberland County ~~/b7 A.D. .~ In,The Court of Common Pleas of Cumberland County, Pennsylvania Patrick M. Ksll~y st al VS. MichaAl Mikula et al SERVE: Lorraine Beinhaux' No. 07-4697 civil Now, August :13, 200 ~ I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Uauptiin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ Sheriff of Ciunbertand County, PA - Affidavit of .Service Naw, , 20 , at o'clock M. served the W1th1I1 upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this _ _ day of , 20 COSTS SERVICE ~ $ MILEAGE AFFIDAVIT County, PA a r~ .i"r ~ ~,~ '! :~i~S ,. it v Q (y i3 ~~ G'~ 17 ; ~, o . & i Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania ; KELLEY PATRICK M AND TERESA L KELLEY vs bounty of Dauphin BEINHAUR LORRAINE Sheriff's Return No. 1174-T - - -2007 OTHER COUNTY N0. 07 4697 CIVIL TERM AND NOW:August 24, 2007 WRIT OF SUMMONS BEINHAUR LORRAINE to LORRAINE BEINHAUR of the original WRIT OF SUMMONS at 11:30AM served the within upon by personally handing and making known to him/her the contents thereof at 2267 IONOFF ROAD HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 27TH day of AUGUST, 2007 ~i'Gt/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 (l~f£icQ ~# #1~e o~~Eriff So Answers, Sheriff of Dauphin County, Pa. By ~I~~ Deputy Sheriff Sheriff's Costs:$29.25 PAID BY COUNTY SCHAEFF 1 true attested copy(ies) PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LORRAINE BEINHAUR Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: -07-4697 JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT Please reissue the attached Writ of Summons in the above captioned case. Date: September 28, 2007 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs :-a C:; ~:_~, =- ; ~ ~ d ~..., ~ ~. ~.,. -.6 ~ t .. - t,~ ~~ r ~ ~ ~' O ~ ~ W 1 ~~ ~ (~J c. ~i .~ „ 'mac c 4~ SHERIFF'S RETURN - OUT OF COUNTY ~ -~ CASE N0: 2007-04697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KELLEY PATRICK M ET AL VS MIKULA MICHAEL 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: MIKULA MICHAEL but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On October 16th 2007 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 18.0 0 -~'' ---." ~'"" _~` ~~'"~ Out of County 9.00 _.--- Surcharge 10.00 R. Thomas Kline Dep Dauphin County 37.25 Sheriff of Cumberland County Postage 1.16 10/16/2007 ROMINGER LAW OFFICE Sworn and subscribe to before me this day of , A.D. 'I'h~ Court of Coanu~on Plea~~,of C~mber~and County, Pennsylvariia~ Patrick M. Ke11Ay et al 1 VS. MichaAl Mikula °`~ No . 07-4697 civil Now, October 4' , 200.7 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within 20 , at o'clock M. served the upon at ' by handing to a copy of the original and made known to Sworn and subscribed before me this day of , 20 the contents thereof. So answers, Sheriff of COSTS SERVICE ~ $ M[LEAGE _ AFFIDAVIT County, PA -, Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania KELLEY PATRICK M & TERESA L vs County of Dauphin MIKULA MICHAEL Sheriff's Return No. 1443-T - - -2007 OTHER COUNTY N0. 07-4697 CIVIL AND NOW:October 10, 2007 REISSUED WRIT OF SUMMONS MIKULA MICHAEL at 3:30PM served the within upon by personally handing to DEFENDANT 1 true attested copy(ies) of the original REISSUED WRIT OF SUMMONS and making known to him/her the contents thereof at DAUPHIN COUNTY PRISON - D43655 501 MALL RD HBG, PA 17111-0000 Sworn and subscribed to before me this 11TH day of OCTOBER, 2007 So Answers, G~~ NOTARIAL SEAI. MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 ~f{ice of ifle ~~[eriff Sheriff of Dauphin County, Pa. By ~ Deputy Sheriff Sheriff's Costs:$37.25 PD 10/10/2007 RCPT NO 235932 WEVODAU -.-. JOHNSON, DUFFIE, STEWART 8a WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendants I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E mail jjsCa idsw com PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4697 CIVIL TERM v MICHAEL MIKULA and LORRAINE BEINHAUR, Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendants Michael Mikula and Lorraine Beinhaur in the above-captioned matter. Respectfully submitted, JOHNS DUFFIE, STEWART &WEIDNER Date: February 4, 2009 357544 Jef~rson ~. Shipmar/, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER J ers n J. Ship an, Esquire ~ na ~ z fit{ ~ ~~ r ~ ~ ~ --r~ i i"t r~' , ~ YK AA 3 ~ -. ..~.: l ~:-` ~' }~, y d _ rr1. ~~ . V~~ y w ~ir~ JOHNSON, DUFFIE, STEWART ~ WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendants I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-C109 Phone: (717) 761-4540 E mail jjsCa idsw com PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4697 CIVIL TERM v. MICHAEL MIKULA and LORRAINE BEINHAUR, Defendants TO THE PROTHONOTARY: CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. JO ,DUFFIE, STEWART &WEIDNER Date: February 4, 2009 ffers J. hipma ,Esquire RULE TO: Plaintiffs Patrick M. Kelley and Teresa L. Kelley c/o Karl E Rominger, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. Date: °~IpSJOq P onota 357546 w CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER fferson J. Ship an, Esquire t ~ rs F i'11 ~'~ f .~,~~) ~. ~_ + .~ ",ter +• ~ V 1 i~ JOHNSON, DUFFIE, STEWART d~ WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendants I . D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisCcDidsw.com PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LORRAINE BEINHAUR, Defendants TO THE PROTHONOTARY: PRAECIPE NO. 07-4697 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on February 5, 2009, and served on the date reflected in the attached Certificate of Service. Date: February 9, 2009 357975 Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER By . Je erson J. Shipman, Esquire Attorney I.D. No. 51785 P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on February 9, 2009: CERTIFIED MAIL RETURN RECEIPT REQUESTED Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER f,,.~ Je erson J. Ship an, Esquire CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to File Certificate of Service for Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Per~nsy{var~ia, on February 9, -2009: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER B e son J. Shipm n, Esquire ~ ~ T ~ '"`'a . -r; <'~ ~ _,,- ~~ ,_„z _ ,~, .t~~ .. M M1' f ~ J ~ •~~ +,r PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LORRAIlVE BEINHAUR Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 07-4697 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within tweirty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 (PA Only) or (717) 238-6715 PATRICK M. KELLEY and : IN THE COURT OF COMMON PLEAS OF TERESA L. KELLEY, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW v. : NO: 07-4697 MICHAEL MIKULA and LORRA][NE BEINHAUR Defendants :JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Patrick M. Kelley and Teresa L. Kelley, by their attorney, Kazl E. Rominger, Esquire, and in support of this Complaint aver as follows: 1. Plaintiff Patrick M. Kelley is an adult sui juris residing at 25 Northview Drive, Cazlisle, Pennsylvania 17013. 2. Plaintiff Teresa L. Kelley is an adult sui juris residing at 25 Northview Drive, Cazlisle, Pennsylvania 17013. 3. Defendant Michael Mikula is an adult sui juris residing at 5235 Meadowbrook Drive, Mechanicsburg, Pennsylvania 17050 4. Defendant Lorraine Beinhaur is an adult sui juris residing at 2267 Ionoff Road, Harrisburg, Pennsylvania 17110. 5. On or about August 12, 2005, Plaintiffs were operating their vehicle South on I- 81, which is a paved two-lane highway, in the right hand lane at mile mazker 55.7, Cazlisle, Pennsylvania. 6. On or about the same time Defendant Mikula was driving South on I-81, which is a paved two-lane highway, in the left hand lane at mile marker 55.7, Cazlisle, Pennsylvania. 7. Defendant Mikula began to move into the right hand lane and struck the trailer attached to Plaintiffs. 8. Defendant Mikula had a duty to the Plaintiffs and breached that duty. 9. Plaintiff, Patrick Kelley suffers from chronic low back pain and seizures as a result of Defendant's actions, physical pain, and lost wages, and economic gains. Plaintiff Teresa Kelley suffers from chronic back pain, neck pain and headaches as a result of Defendant's actions, physical pain, and lost wages, economic gains. Count I Ne~ence Patrick M. Kelley and Teresa L. Kelley v. Michad Mikula 10. Paragraphs 1 through 9, above, are incorporated herein by reference as if fully set forth at length. 11. Defendant Michael Mikula was negligent in that: a. He failed to keep an assured clear distance; b. He failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. He drove a vehicle in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; d. He failed to look before switching lanes on a two-lane highway. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit. Count II Neslisence Patrick M. Kelly and Teresa L. Kellev v. Lorraine Beinaur 12. Previous paragraphs are incorporated by reference. 13. Upon Information and belief, Defendant Lorraine Beinaw knew or should have known that Defendant Michael Mikula was not a safe or prudent driver. 14. Defendant was negligent in entrusting a vehicle to Michael Mikula on the day and time in question. 15. As a result of this negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraphs 10 through 11 of Count I and the same are hereby incorporated by reference. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Date: March 5, 2009 Respectfully Submitted, Rominger & Associates . Rominger, Esquire 55 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff PATRICK M. KELLEY and : IN THE COURT OF COMMON PLEAS OF TERESA L. KELLEY, :CUMBERLAND COUNTY, PENNSYLVANIA Plairniffs CIVIL ACTION -LAW v. : NO: 07-4697 MICHAEL MIKULA and LOR~AINE BEINHAUR Defendants :JURY TRIAL DEMANDED VERIFICATION We verify that we are the Plaintiffs and that the statements made in the foregoing Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: ~ "- '`1 - Date: ~ ~ - 0 ~ ~T Teresa L. Kelley, Plairni PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LOS BEINHAUR Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 07-4b97 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jeffrey 7. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box I09 Lemoyne, PA 17043 Respectfully Submitted, Rominger & Associates /"~ , Date: March 5, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 {717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff \`~~ °v ~y ~ ~4 ~> .~ti,~. `,'; , ~ ~ ~..*' t,j1 '~.-~ ..,~ '( Z .; .~^ t~ JOHNSON, DUFFIE, $TEWART b WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendants I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisfdtidsw.com PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, 'PENNSYLVANIA NO. 07-4697 CIVIL TERM v. MICHAEL MIKULA and LORRAINE BEINHAUR, Defendants CIVIL ACTION ~ LAW JURY TRIAL DEW~ANDED NOTICE TO PLEAD TO: Patrick M. and Teresa L. Kelley and their counsel, Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 YOU ARE REQUIRED to plead to the within Answer and New Matter rivithin 20 days of service hereof or a default judgment may be entered against you. JOHNSOIy,,.QUFFIE, STEWART 8~'WEIDNER Date: March 30, 2009 Jeff~soff J. Shipman, Esql Att mey I.D. No. 51785 P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attomeys for Defendants JOHNBON, DUFFIE, STEWART ~ WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendants 1. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iist~idsw.com PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LORRAINE BEINHAUR, Defendants NO. 07-4697 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' CO~IAPLAINT AND NOW, come the Defendants, Michael Mikula and Lorcaine Beinhaur, 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 upon information and belief. 3. Admitted except as to the address. IN THE COURT OF COMMION PLEAS OF CUMBERLAND COUNTY, ''PENNSYLVANIA 4. Admitted. 5. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 5 and the same are therefore denied. 6. Denied. After reasonable investigation, the Defendantts are without sufficient knowledge or information to form a belief as to the truth ofi the averments contained in paragraph number 6 and the same are therefore denied. 7. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 7 and the same are therefore denied. 8. Denied. The averments contained in paragraph number 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 8 hare specifically denied. 9. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 9 and the same are therefore denied, and strict proof is demanded at the time of trial. Count I -Negligence Patrick M. Kellen and Teresa L. Kellen v Michael Mikul~ 10. Defendants incorporate herein by reference their answers tb paragraphs 1 through 9 above as though fully set forth herein at length. 2 11. Denied. The averments contained in paragraph number 11 and subparagraphs a. through d. are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 11 and subparagraphs a. through d. are specifically denied. a. Denied. It is specifically denied that Mr. Mlkula failed to keep an assured clear distance; b. Denied. It is specifically denied that Mr. Mlkula failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. Denied. It is specifically denied that Mr. Mlkula drove a vehicle in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; and d. Denied. It is spec~cally denied that Mr. Mlkula failed to look before switching lanes on a finro-lane highway. WHEREFORE, the Defendant, Michael Mlkula, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Count II -Negligence Pa~ick M. Kellev and Teresa L. Kellev v. Lorraine BeinhWar 12. Defendants incorporate herein by reference their answers to paragraphs 1 through 11 above as though fully set forth herein at length. 3 13. Denied. The averments contained in paragraph number 13 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 spec~cally denied. 14. Denied. The averments contained in paragraph number 14 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are spec~cally denied. 15. Denied. The averments contained in paragraph number 15 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 spec~cally denied. WHEREFORE, the Defendant, Lorraine Beinhaur, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be .dismissed with prejudice. NEW MATTER 16. That Plaintiffs have failed to state a cause of action for which relief may be granted. 17. That if it should be found that the Defendants were negligent, which is denied, then any such negligence was not a substantial factor nor a factual cause of any harm to the Plaintiffs. 18. That the Plaintiffs' alleged injuries may have been pre-existing. 19. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 4 20. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the statute of limitations. 21. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law and by the limited tort option. 22. That the Plaintiffs' alleged cause of action may have been caused by third parties or entitles not presently involved in this action. WHEREFORE, the Defendants, Michael Mikula and Loraine Beinhaur, respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER r Jefferson J. Shiprfian, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-01 d9 Telephone (717) 761 X540 Attorneys for Defendants Date: March 30, 2009 5 VERIFICATION I, Michael Mikula, 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 Verbcation 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 maiy subject me to the penalties of 18 Pa. C.S. §4904. ~~,a~ Michael Mikula Date: 3 / 360384 VERIFICATION I, Lorraine Beinhaur, have read the foregoing Answer and !flew 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. 3 ~~~~~ q Date: I rraine Beinhaur 360383 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New llrlatter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 30, 2'009: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER Je erson J. Shipma , Esquire ,~r~ rl~~...~tt1~:i:If"~C ~ 1~ S f rti 1 i '. t i r':~~ I~ A~ S 2(11;9 ~~~ 3 ! ~E" I I ~ ~. PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LOR.RAINE BEINHAUR Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 07-4697 JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW, comes the Plaintiffs, Patrick M. Kelley and Teresa L. Kelley, by their attorney, Karl E. Rominger, Esquire, and in support of this Complaint aver as follows: 16. Conclusion of law and requires no answer. 17. Conclusion of law and requires no answer. 18. Denied. Strict proof of the same in demanded at trial. 19. Conclusion of law and requires no answer. 20. Conclusion of law and requires no answer. 21. Conclusion of law and requires no answer. 22. Conclusion of law and requires no answer. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in their favor in an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Date: Apri120, 2009 Respectfully Submitted, r & Associates . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs ... PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LOR.RAINE BEINHAUR Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 07-4697 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Answer to New Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jeffrey J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Date: April 20, 2009 Respectfully Submitted, Rominger & Associates 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs } 1~~~..ii°1 lvi~. ~~ T~ P;-t~~'~r~;~~,~-may ~f~Q~ ~~' 2.~ ~~ t~ ~~, r, ,. ~4. f~~ '~4,? tSr'. f,'~A~S, .IOHNSON, DUFFIE, STEWART 8 WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 ~~F ??-~ F,~Oii-~vtiOTARY 2Q(Q Fi~~~ -4 n;~ 2~ 53 ,g ,, ,:.. _ ..• i-. , ,; '"~ Attorne s for PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. NO. 07-4697 CIVIL MICHAEL MIKULA and CIVIL ACTION -LAW LORRAINE BEINHAUR, Defendants JURY TRIAL DEMANDE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Plaintiffs Patrick M. Kelley and Teresa L. Kelley and their counsel, Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 As a prerequisite to service of a subpoena for documents and things Rule 4009.22, Defendant hereby certifies that: Irsuant to (1) A Notice Of Intent To Serve A Subpoena, with copies of the s~lbpoenas attached thereto, was mailed, via Certified Mail, or delivered to each pam~f at least twenty days prior to the date on which the subpoenas were sought to be serve; (2) A copy of the Notice of Intent including the proposed subpoenas, is IN THE COURT OF COMMON P EAS OF CUMBERLAND COUN , PENNSYLVANIA attached to this Certificate; (3) No objection to the subpoenas has been received; the twenty period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas the Notice Of Intent. JOHNSON, DUFFIE, STEWART & DATE: 3 'a~ l 0 Jefferson 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 waiting to IDNER CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, ~irst class, postage prepaid, in Lemoyne, Pennsylvania, on March 3 , 2010: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & W~IDNER By: Jeff~rs'6r~ J. Shipman, Esquire JOHNSON, DUFFIE, STEWART 8e WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Attorneys for PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LORRAINE BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 07-4697 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMAND NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE :NTS AND THINGS FOR DISCOVERY PURSUANT TO Rug F TO: Plaintiffs Patrick M. Kelley and Teresa L. Kelley and their counsel, Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendants intend to serve fourteen(14) 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 b{e served. JOHNSON, DUFFIE, STEWART & W~IDNER DATE: .a /a ~~ j~ Jefferson 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 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served following counsel of record, by depositing the same in the United States Mail postage prepaid, in Lemoyne, Pennsylvania, on February ~_, 2010: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & By. I i e: // A J~fFerson J. Shipman, Esquire upon the certified, DNER COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Masland Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court the following documents or things: Anv and all medical records. resorts, corresaondenc SSN: 228-08-5216 at produce You may deliver or mail legible copies of the documents or produce things requ sted 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 t e copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t' after its service, the party serving this subpoena may seek a court order compelling you to THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esouire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Division DATE: `~1(~ Seel cf the Court r (20) days ply with it. (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penns' Wood Physical Therapy (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court the following documents or things: Any and all medical records, physical therapy record to Teresa Kelley DOB: 8129168 SSN: 228-06-5216 at produce You may deliver or mail legible copies of the documents or produce things requ sted 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 t e copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within b after its service, the party serving this subpoena may seek a court order compelling you to 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: Defendant DATE: ~((~ seal o€ thc~ C urt BY THE COURT: / (20) days ply with it. (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. David Dell (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court t~ produce the following documents or things: Anv and all medical records, reports, correspondence dia~nos~ SSN: 228-06-5216 at 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 t~e copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twe ty (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. Esouire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendant DATE: j (~ Seal of the Court BY THE OURT: Prothonotary/CI ,Civil Di ision j De uty (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Bruce Goodman (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, correspondencew diagnostic test results from August 1.2000 through March 31.2010 pertaining to Teresa Kellev DOB: 8129168 SSN: 228-06-5216 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: DATE: Seal of the Court Jefferson J. Shipman, Esouire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: Prot otary/ r , Civi Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Graham Medical Clinic (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. resorts, corresaondence, diagnostic test results from August 1.2000 through March 31, 2010 aertainina to Teresa Kelley DOB: 8/29/68 SSN: 228-06-5216 at Johnson, Duffle. Stewart 8~ 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. Shioman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: ~ - ~_~l ~ Seal of the Go_!rt BY THE COURT: Prothonotary/Clerk, Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: __Appalachian Orthopedic 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, reports. correspondence, diagnostic test results from August 1.2000 through March 31.2010 pertaining to Teresa Keltev DOB: 8/29/68 SSN: 228-06-5216 at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne 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 Lemovne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE; Seal of t~e ourt BY THE COURT: Prothon ry/Clerk, Civil D ision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, resorts, correspondence, diagnostic test results from August 1.2000 through March 31.2010 pertaining to Teresa Kelley DOB: 8129/68 SSN: 228-06-5216 at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. 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. Shioman. Esquire ADDRESS: 301 Market Street Lemovne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: ~ZI (~ Seal of the C urt BY THE COURT: Prothono ary/Cle ,Civil Division Deputy (Ef-. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holcomb Chiroaractic (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, chiroaractic records. correspondence. dia4nostic test results from Aus~ust 1.2000 through March 31.2010 pertaining to Patrick Kellev DOB: 9/22/60 SSN: 151-60-5784 at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. 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. Esouire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: c DATE: .~.~~~.U Seat of the Court Civil Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants Jefferson J. Shipman. Esouire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penns' Wood Physical Theraav (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. ahysical therapy records, correspondence, diagnostic test results from August 1.2000 through March 31, 2010 pertaining to Patrick Kelley DOB: 9/22160 SSN: 151-60-5784 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: ~ - DATE: 'ZU/Q Sea. of the ~.,urt File No. 07-4697 Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. David Dell (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, diagnostic test results from August 1.2000 through March 31.2010 pertaining to Patrick Kelley DOB: 9/22160 SSN: 151-60-5784 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 Lemovne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Civil DATE: Seal cf the curt Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Neuro Care (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. corresaondence, diagnostic test results from August 1.2000 through March 31.2010 aertaining to Patrick Kellev DOB: 9/22160 SSN: 151-60-5784 at Johnson. Duffle. Stewart 8~ Weidner. 301 Market Street. P.O. Box 109. Lemovne 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. Esouire ADDRESS: 301 Market Street Lemovne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: Seal of the v!?~.:rt BY THE COURT: Prot otary/ rk, Civil Di ision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (Name of Person or Entity) ' Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all medical records, reuorts. corresaondence, diagnostic test results from August 1.2000 through March 31 2010 pertaining to Patrick Keilev DOB• 9/22/60 SSN: 151-60-5784 at Johnson. Duffle. Stewart 8~ 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: ~, (~ Seal of the ou~~ Jefferson J. Shipman. Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: ~~ 3-~ Prothon /Clerk, Civil Divisio Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants Jefferson J. Shioman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Appalachian Orthopedic 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: Anv and all medical records, reports, correspondence, diagnostic test results from Aus~ust 1.2000 through March 31. 2010 pertaininn to Patrick Kellev DOB: 9/22/60 SSN: 151-60-5784 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: DATE:~,~~~[(~ Seal cy'r tf;e i;ourt File No. 07-4697 Deputy (Eff. 7/97) RY TNF C:l'~I IRT• COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 22 TO: Carlisle Regional Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all medical records resorts corresaondence diagnostic test results from August 1.2000 through March 31 2010 uertainina to Patrick Kellev DOB• 9/22/60 SSN: 151-60-5784 at Johnson. Duffle. Stewart & Weidner 301 Market Street P O Box 109 Lemovne 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. Shioman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: 1~ ~~j,~~ Steal of the Court BY THE COURT: Deputy (Eff. 7/97) G;y G~-a^;`i-t '~L ^,4~ ~. _. - 1 `~; Y JOHNSON, DUFFIE, STEWART 8s WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 PATRICK M. KELLEY and IN 1 TERESA L. KELLEY, : Plaintiffs v. MICHAEL MIKULA and LORRAINE BEINHAUR, Defendants ".%1S~ i ! Attorn~f8r j3sfei~e#a,, ~-° ~ ~ . -IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4697 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED TO: Plaintiffs Patrick M. Kelley and Teresa L. K Iley and their counsel, Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 As a prerequisite to service of a subpoena documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A with copies of the subpoenas attached thereto, was mailed, via Certified Mail, I 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 inc~uding the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas period for objections was waived; and (4) The subpoenas to be served are the Notice Of Intent. been received; the twenty day waiting I to the subpoenas attached to JOHNS~N, DUFFIE, STEWART & WEIDNER DATE: ~ ~ /~ /~ K1 tterson J. SKipman, Esquire A orney I.D. No. 51785 3 1 Market Street P. O. Box 109 L moyne, PA 17043-0109 T lephone (717) 761-4540 A orneys for Defendants I hereby certify that a copy of the fo following counsel of record, by depositing the postage prepaid, in Lemoyne, Pennsylvania, on Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs JOHNSI g has been duly served upon the in the United States Mail, first class, ril ~_, 2010: ~N, DUFFIE, STEWART & WEIDNER J. Ship~fian, Esquire .IOHNSON, DUFFIE, STEWART 8 WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 PATRICK M. KELLEY and IN TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LORRAINE BEINHAUR, Defendants TO: Plaintiffs Patrick M. Kelley and Teresa L. Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorneys for Defendants E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4697 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED and their counsel, PLEASE TAKE NOTICE that Defendant identical to the one that is attached to this notice date listed below in which to file of records and to the subpoena. If no objections are made, the s DATE: 3 /a ~j ~~ b JOHNSC r By. Je At1 30 P. Le Te Att intend to serve one (1) subpoena You have twenty (20) days from the rve upon the undersigned objections ~poena may be served. DUFFIE, STEWART &WEIDNER erson J. Shipman, Esquire ~rney I.D. No. 51785 Market Street ). Box 109 Boyne, PA 17043-0109 :phone (717) 761-4540 rneys for Defendants E I hereby certify that a copy of the fo following counsel of record, by depositing the postage prepaid, in Lemoyne, Pennsylvania, on Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs ing has been duly served upon the in the United States Mail, certified, rch ~_, 2010: JOHN By: DUFFIE, STEWART & WEIDNER ~fferson J. Shipman, Esquire Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. : Michael Mikula and Lorraine Beinhaur, ; Defendants TO: File hlo. 07-4697 (Name of Person o Entity). Within twenty (20) days after service of this subp na, you are ordered by the court to produce the following documents or things: An and all chiro ract records office notes edical records re orts comes ondence dia nostic test results ertai in to Teresa Kelley DOB: 8/29/68 SS 228-06-5216 at You may deliver or mail legible copies of the doc ments or produce things requested by this subpoena, together with the certificate of compliance, to a party making this request at the address listed above. You have the right to seek in advance th reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things requ ed 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: 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defen ant BY THE COURT: Civil Division DATE: Se I of t e Court Deputy (Eff. 7/97) t , 1=i+.~') 26l~ ~~~_ ~~ ~`" Z- 0( JOHNSON, DUFFIE, STEWART 8a WEIDNER By: Jefferson J. Shipman, Esquire CL'tti"1 -- ~ ,;~,~bmeys for Defendants LD. No. 51785 ~'~=~~".,,r..'~'Y "~,. 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisCdtidsw.com PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LORRAINE BEINHAUR, Defendants NO. 07-4697 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED TO: Plaintiffs Patrick M. Kelley and Teresa L. Kelley and their counsel, Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 By: J erson J. Shipman, Esquire A omey I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: '1/c~l /I C~ Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on July 21, 2010: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER J erson J: Shipman, Esquire JOHNSON, DUFFIE, STEWART Se WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendants I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisCdzidsw.com PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs v. MICHAEL MIKULA and LORRAINE BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4697 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Plaintiffs Patrick M. Kelley and Teresa L. Kelley and their counsel, Karl E. Rominger, Esquire Rominger 8~ Associates 155 South Hanover Street Carlisle, PA 17013 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 subpoena.. If no objections are made, the subpoenas may be served. DATE JOHNSON, DUFFIE, STEWART &WEIDNER gy. ~ x~.Q.H.~ 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 ~ J 7 9I r~1 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on July ~, 2010: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Atfomey for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER ~~a~.. By: Je rson J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cariisle Res~ional Medical Center _ (Name of Person or Entity) Within twenty (20) days after service of this subp•~ena, you are ordered by the court to produce the following documents or things: MRI of Cervical Saine dated 8/18/05: MRI of Thoracic Snine dated 818/05: CT of Brain dated 8/1105: MRI of Brain dated 10/7/05 ~ertafnina to Patrick Kellev DO6:9/22/60 SSN:151-60-5784 at Johnson. Duffle. Stewart ~ Weidner. 301 Market Street. P.O. Box 109. Lemovne. 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 "rt. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shioman. Esquire 301 Market Street Lemoyne. PA 17043 717-76'1-4540 51785 Defendant BY THE COURT: ~. ~ Division DATE: 9 «o a Seal o the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Res~tona! Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: MRI of Cervical Saine dated 9/28105 aertainins~ to Teresa Kellev DOB: 8/29/68 SSN:228-06-5216 at Johnson. Duffle. Stewart 8~ 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 Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: . GET. . -yC..Lt.f .P~ thonotary/Clerk, Civil Division puty DATE: 7 I(o Sea of he Court (Etf. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick M. Kelley and Teresa L. Kelley Plaintiffs vs. Michael Mikula and Lorraine Beinhaur, Defendants File No. 07-4697 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wafnut Bottom Radioloay (Name of Person or Entity) Within twenty (20).days afier service of this subpoena, you are ordered by the court to produce the following documents or things: MRI of Cervical Saine dated 8111/09 aertainin4 to Patrick Kellev D06:9/22I60 SSN:151-60-5784 at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. 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 Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: ~s ro honotary/Clerk, Civil Division eputy DATE: Co /O _ Seal of the Court (Eff. 7197) i-;,I„I-OFF f 2011 MAR 22 12 CUMBERLAND COUNTY PENNSYLVANIA .JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendants I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisCc?idsw.com PATRICK M. KELLEY and TERESA L. KELLEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4697 CIVIL TERM V. MICHAEL MIKULA and LORRAINE BEINHAUR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO MARK THE DOCKET SETTLED, SATISFIED AND DISCONTINUED TO THE PROTHONOTARY: Kindly mark the above docket settled, satisfied and discontinued. ROMINGER & ASSOCIATES By arl E. Rominger, Esquire Attorney for Plaintiffs Date: /I ash if 2011 :432494 JOHNSON, DUFFIE, STEWART & WEIDNER Oe J. W pman, Esquire Attorney for Defendants Dated: 319-1 , 2011