Loading...
HomeMy WebLinkAbout08-6525DOUGLAS C. KIEHL and his wife : IN THE COURT OF COMMON PLEAS OF JANE KIEHL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs 2008 - (p f,2-5- CIVIL TERM V. JEFFREY KETTERING and his wife ROBIN KETTERING, CIVIL ACTION - LAW Defendants PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, JEFFRFEY KETTERING and his wife, ROBIN KETTERING, and enter my appearance on behalf of the plaintiffs, DOUGLAS C. KIEHL and his wife, JANE KIEHL. Please direct the Sheriff to serve the defendants as follows: Mr. Jeffrey Kettering Ms. Robin Kettering 294 Middle Road Newville, PA 17241 Respectfully submitted, I7&KN1GHT By: Marc , McKnigh squ re 60 Wet Pomfret Street, Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 Date: November 3, 2008 To: JEFFREY KETTERING and ROBIN KETTERING You are hereby notified that DOUGLAS C. KIEHL AND JANE KIEHL, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. psi -2? • ?? PROTHO TARY By: 2e&iia DEPUTY Date: 2008 `i r7; . c- . e_ ?.a C C=l ' C) Q;o r7l W ti C-) no ?5 r Cn W t CASE NO: 2008-06525 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KIEHL DOUGLAS C ET AL VS KETTERING JEFFREY ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KETTERING JEFFREY the DEFENDANT at 1840:00 HOURS, on the 7th day of November , 2008 at 294 MIDDLE ROAD NEWVILLE, PA 17241 JEFFREY KETTERING by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge z1))Pl ui 18.00 12.00 .59 10.00 .00 -40.59 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/12/2008 MARCUS MCKNIGHT s .? By: eputy gt?erif of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KIEHL DOUGLAS C ET AL VS KETTERING JEFFREY ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KETTERING ROBIN the DEFENDANT , at 1840:00 HOURS, on the at 294 MIDDLE ROAD NEWVILLE, PA 17241 JEFFREY KETTERING, HUSBAND 7th day of November , 2008 by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 1,? ?0 P ti/ 16.00 Sworn and Subscibed to before me this of day A. D. So Answers: R. Thomas Kline 11/12/2008 , MARCUS MCKNIGHT By: y Sher F1L? i sir?AF?Y ROLF E. KROLL, ESQUIRE (?F THE P 1''' Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 2010 APR 20 phi 2? 19 3510 Trindle Road Camp Hill, Pennsylvania 17011 ?t±±?i.?{?,AAu.-?:.J 4,?U Telephone: (717] 975-8114 Dire bi`171;[?1 02 Fax: [717] 975-8124 E-Mail: rkroll@margolisedelstein.com Attorneys for Defendants: JEFFREY KETTERING and his wife ROBIN KETTERING IJUUGLASS C. KIEHL and his wife JANE KIEHL, Plaintiffs V. JEFFREY KETTERING and his wife ROBIN KETTERING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW DOCKET NO. 2008-6525 : JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendants, Jeffrey Kettering and his wife, Robin Kettering, in the above-captioned matter. Respectfully submitted, Date: 4/20/10 MAR EDEL TEIN By: ROLF E. KROLL, ESQUIRE PA Attorney I.D. #47243 Attorneys for Defendants, JEFFREY KETTERING and his wife ROBIN KETTERING 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 J CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE TO ENTER APPEARANCE, on counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 20th day of April, 2010, and addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 MARGOLIS EDELSTEIN By: Vicki A. Bolinger, RP ?• Fl f IARY ROLF E. KROLL, ESQUIRE OF Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 2010 APR 20 Ph 2' 19 3510 Trindle Road Camp Hill, Pennsylvania 17011 , Ulm Telephone: [717] 975-8114 Direct DiQU*?$A Fax: [717] 975-8124 vFv. E-Mail: rkroll@margolisedelstein.com Attorneys for Defendants: JEFFREY KETTERING and his wife ROBIN KETTERING DOUGLASS C. KIEHL and his wife : IN THE COURT OF COMMON PLEAS OF JANE KIEHL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. DOCKET NO. 2008-6525 JEFFREY KETTERING and his wife ROBIN KETTERING, Defendants. : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue Rule upon Plaintiffs to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. Respectfully submitted, Date: 4/20/10 By: ROLF E. KROLL, ESQUIRE PA Attorney I.D. #47243 Attorneys for Defendants, JEFFREY KETTERING and his wife ROBIN KETTERING 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 DOUGLASS C. KIEHL and his wife JANE KIEHL, Plaintiffs V. JEFFREY KETTERING and his wife ROBIN KETTERING, Defendants TO THE PLAINTIFFS: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 2008-6525 JURY TRIAL DEMANDED RULE You are hereby ordered and directed to file your Complaint against the Defendants, JEFFREY KETTERING and his wife, ROBIN KETTERING, in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Dated: Prothonotary CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT, on counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 20`h day of April, 2010, and addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 MARGOLIS EDELSTEIN By: ?j allilma - Vicki A. Bolinger, RP 0 DOUGLASS C. KIEHL and his wife JANE KIEHL, Plaintiffs V. JEFFREY KETTERING and his wife ROBIN KETTERING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 2008-6525 Defendants. : JURY TRIAL DEMANDED RULE TO THE PLAINTIFFS: You are hereby ordered and directed to file your Complaint against the Defendants, JEFFREY KETTERING and his wife, ROBIN KETTERING, in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. r •10 Dated: H E k 2010 J ?(J yd -4 Pis 13 ): i 0 GUtt a: , 1ti'T,Y PLi*,vl``i.? L i+i1 A DOUGLAS C. KIEHL and his wife IN THE COURT OF COMMON PLEAS OF JANE KIEHL, Plaintiffs : CUMBERLAND COUNTY, : PENNSYLVANIA V. JEFFREY KETTERING and his wife ROBIN KETTERING, Defendants 2008 - 6525 CIVIL TERM CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 DOUGLAS C. KIEHL and his wife : IN THE COURT OF COMMON PLEAS OF JANE KIEHL, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA V. 2008 - 6525 CIVIL TERM JEFFREY KETTERING and his wife ROBIN KETTERING, CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, this 3rd day of June 2010, comes the Plaintiffs, DOUGLAS C. KIEHL, by his attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the defendants, JEFFREY KETTERING and his wife ROBIN KETTERING: 1. The Plaintiffs are Douglas C. Kiehl and his wife, Jane Kiehl, adult individuals residing at 1418 Holly Pike, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendants are Jeffrey Kettering and his wife Robin Kettering, adult individuals residing at 294 Middle Road, Newville, Cumberland County, Pennsylvania 17241. 3. On November 27, 2006, at approximately 7:00 p.m., the Plaintiff, Douglas Kiehl, was traveling south on Ramp 8023 attempting to merge onto Route 81. 4. The Defendant was also traveling south on Ramp 8023 attempting to merge onto Route 81 directly behind the Plaintiffs vehicle. 5. While the Plaintiff was still on Ramp 8023 waiting for traffic to clear, the Defendant struck the Plaintiffs' vehicle from behind at a high rate of speed. 3 6. The collision caused the Plaintiffs' Dodge Caravan vehicle to be pushed off the ramp onto the shoulder of the ramp. The impact did severe damage to the Defendants' Ford pickup truck. 7. The Defendant, Robin Kettering, was cited for Careless Driving by the Pennsylvania State Police. 8. The Defendant, Robin Kettering, was negligent and careless as follows: a. She failed to maintain her vehicle under proper control in an effort to avoid a collision; b. She was not paying attention to the highway; C. She was traveling too fast for conditions; and d. She was operating her vehicle at an unsafe manner. e. She failed to see the Plaintiffs' vehicle as it was merging into traffic onto Route 81. 9. At the time of the accident, The Defendant, Jeffrey Kettering, was a co-owner of the vehicle driven by Defendant, Robin Kettering, and she was acting on his behalf. 10. At the time of the accident, the Defendant, Robin Kettering, was acting on behalf of Jeffrey Kettering, as his agent. He is therefore liable for the negligent actions of the Defendant, Robin Kettering. In the alternative, the Defendant, Jeffrey Kettering, was negligent by entrusting the vehicle to Defendant, Robin Kettering. 4 11. The Plaintiff, Douglas C. Kiehl, seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as compensation for future losses he will incur in these areas. 12. The Plaintiff, Douglas C. Kiehl, seeks compensation for the medical expenses which he has incurred and may incur in the future to treat his injuries and lost income from his work which occurred as a result of the injuries he sustained in the accident. 13. The Plaintiff, Jane Kiehl, sustained the loss of comfort and society of her husband, Douglas Kiehl, as he suffered from the injuries he sustained in the collision. WHEREFORE, the Plaintiffs, Douglas C. Kiehl and his wife, Jane Kiehl, requests damages from the Defendants, Jeffrey Kettering and Robin Kettering, in the amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & MCKNIGHT, P.C. Y By: Marcus AE. McKn ght III, Esquire 60 West Pomfret Set Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiffs Date: June 3, 2010 5 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. GLAS V. KIEHL Date: June 3, 2010 6 DOUGLAS C. KIEHL and his wife JANE KIEHL, Plaintiffs V. JEFFREY KETTERING and his wife ROBIN KETTERING, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA 2008 - 6525 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Rolf E. Kroll, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 IRWIN & McKNIGHT, P.C. By: Marcus ig t, III, s 60 West Pomfre St et Carlisle, PA 1701 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 4, 2010 7 IN THE MATTER OF: KIEHL KETTERING CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA p Ir , PURSUANT TO RULE 4009.22 00 -vs- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2008-6525 As a prerequisite to service of a subpoena for documents and things pfiitsu to Rule 4009.22 C-- c; 'n MCS on behalf of ROLF E. KROLL, 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 DATE: 07/13/2010 / L, k9Q. for DEFENDANT R1.95S 133-H DE11-1127147 24209-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KIEHL -vS- KETTERING COURT OF COMMON PLEAS TERM, CASE NO: 2008-6525 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPEDIC INSTITUTE OF PA MEDICAL, BILLING, AND X-RAY(S) WILLIAM J. PHELAN, M.D. MEDICAL, BILLING, AND X-RAY(S) WALNUT BOTTOM RADIOLOGY MEDICAL, BILLING, AND X-RAY(S) HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY HERSHEY MEDICAL CENTER X-RAY ONLY TO: MARCUS MCKNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of ROLF E. KROLL, 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: 06/21/2010 MCS on behalf of ROLF E. KROLL, ESQ. Attorney for DEFENDANT CC: ROLF E. KROLL, ESQ. MARCUS MCKNIGHT, ESQ. L/O OF MARCUS MCKNIGHT 60 W. POMFRET STREET CARLISLE, PA 17013 39500.4-00029 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.95S 133-H DE02-0676305 24209-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIEHL : VS. KETTERING File No. 2008-6525 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTITUTE OF PA (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 Groan. Inc.. 1601 Market Street, Suite 800 Philadelphia. 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: ROLF E. KROLL. ESO. ADDRESS: 3510 TRiNDL.E ROAD CAMP HILL, PA 17011 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant UL 13 2010 Date: 4 Q Seal of the Court HE COURT: Prothonotary/Clerk, Civil Division Deputy 24209-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA 3399 TRINDLE RD. CAMP HILL. PA 17011 RE: 24209 DOUGLAS C. KIEHL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic 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, medical billing and payment records, x-ray films and tests with subsequent reports, 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 : DOUGLAS C. KIEHL 1418 HOLLY PIKE, CARLISLE, PA 17013 Social Security #: XXX-XX-8293 Date of Birth: 05-10-1951 R1.95S 133-H SU10-0850824 24209-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KIEHL KETTERING -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2008-6525 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, 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: 07/13/2010 MCS on behalf of /S/ ROM Jlro/?/? l?, ezi. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R1.95S 133-H DE11-1127150 24209-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIEHL : VS. KETTERING File No. 2008-6525 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WILLIAM J. PHELAN, M.D. (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 MC4 Gro W Inc 1601 Market Street Suite 800 Philadelphia, 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: ROLF E. KROLL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 'JUL 13 2010 Date: 1 P oZ 16 Seal of the Court CO -7<T Proth onotaryl lerk, Civil Division Deputy 24209-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WILLIAM J. PHELAN, M.D. TWO TYLER COURT CARLISLE, PA 17013 RE: 24209 DOUGLAS C. KIEHL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic 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, medical billing and payment records, x-ray films and tests with subsequent reports, 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 : DOUGLAS C. KIEHL 1418 HOLLY PIKE, CARLISLE, PA 17013 Social Security #: XXX-XX-8293 Date of Birth: 05-10-1951 1.95S 133-H SU10-0850826 24209-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KIEHL TERM, CUMBERLAND -VS- CASE NO: 2008-6525 KETTERING As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, 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: 07/13/2010 MCS on behalf 'off /S/ Kole .J?rol 161. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R1.95S 133-H DE11-1127153 24209-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIEHL : File No. 2008-6525 VS. KETTERING SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records forWALNUT BOTTOM RADIOLOGY (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 Ca=- Inc_. 1601 Market Street Suite 800 Philadelphia_ 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: ROLF E. KROLL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP ILL. PA 17011 TELEPHONE: -1215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 13 2010 Date: 9y±&- / F Seal of the Court B COURT- tary/Crk, Civil Division Deputy 24209-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WALNUT BOTTOM RADIOLOGY 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: 24209 DOUGLAS C. KIEHL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic 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, medical billing and payment records, x-ray films and tests with subsequent reports, 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 : DOUGLAS C. KIEHL 1418 HOLLY PIKE, CARLISLE, PA 17013 Social security #: XXX-XX-8293 Date of Birth: 05-10-1951 R1.95S 133-H SU10-0850828 24209-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KIEHL TERM, CUMBERLAND -VS- CASE NO: 2008-6525 KETTERING As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, 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: 07/13/2010 R1.95S 133-H MCS o//nn/ behalf of /S/ ROM xroll -4q. ROLF E. KROLL, ESQ. Attorney for DEFENDANT DE11-1127155 24209-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIEHL : File No. 2008-6525 VS. KETTERING SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC Gm o- Inc.. 1601 Market Street Suite 800 Philadelphia, 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: ROLF E. KROLL. ESO. ADDRESS: 3510 T IND ROAD CAMP HILL. PA 17011 TELEPHONE: 4215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant QUL 13 2010 Date: 0Ltn.c. Seal of the Court BYXHE COURT: ono /Cle Civil Division Deputy 24209-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER MEDICAL RECORDS**HU24 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 24209 DOUGLAS C. KIEHL 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 DOUGLAS C. KIEHL 1418 HOLLY PIKE, CARLISLE, PA 17013 Social Security #: 187-40-8293 Date of Birth: 05-10-1951 R1.95S 133-H SU10-0850830 24209-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KIEHL TERM, CUMBERLAND -VS- CASE NO: 2008-6525 KETTERING As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, 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: 07/13/2010 MCS o//nn? behalf of p/? /S/ Rom J6011 e?4. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R1.95S 133-H DE11-1127159 24209-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIEHL : File No. 2008-6525 VS. KETTERING SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL . CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: _ **** SEE ATTACHED RIDER**** at The M GM W- nc_, 1601 Market Street Suite 800, Philadelphia- 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: ROLF E. KROLL. ESO. ADDRESS: 3510 TRINDL.E RO CAMP HILT- PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 13 2010 , oW/d Date: QL't? Ik Seal of the Court B CO4RTf.) onotary/, Civil Division Deputy 24209-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER BILLING DEPT. 500 UNIVERSITY DRIVE HERSHEY. PA 17033 RE: 24209 DOUGLAS C. KIEHL 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 : DOUGLAS C. KIEHL 1418 HOLLY PIKE, CARLISLE, PA 17013 Social Security #: 187-40-8293 Date of Birth: 05-10-1951 R1.95S 133-H SU10-0850832 24209-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KIEHL KETTERING -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2008-6525 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, 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: 07/13/2010 R1.95S 133-H MCS on behalf of /s/ ROLF E. KROLL, ESQ. Attorney for DEFENDANT DE11-1127161 24209-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIEHL : VS. KETTERING File No. 2008-6525 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market Street, site 800 Philadelphia. 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: ROLF E. KROLL. ESQ. ADDRESS: 3510 TRiNDLE ROAD CAMP HILL._ PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 13 2010 Date: 9?- /P; n2-" Seal of the Court B / COURT: l onotary/C rk, Civil Division Deputy 24209-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER RADIOLOGY DEPT. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 24209 DOUGLAS C. KIEHL Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : DOUGLAS C. KIEHL 1418 HOLLY PIKE, CARLISLE, PA 17013 Social Security #: 187-40-8293 Date of Birth: 05-10-1951 R1.95S 133-H SU10-0850834 24209-LO6 DOUGLASS C. KIEHL and his wife JANE KIEHL, Plaintiffs V. JEFFREY KETTERING and his wife ROBIN KETTERING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW DOCKET NO. 2008-6525 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: DOUGLAS C. KIEHL and his wife, ROBIN KIEHL c/o Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013-3222 YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. Respectfully submitted, Date: E6 By: ?'LF E. I?R LE;,, ESQUIRE PA Atto I.D. #47243 Attorneys for Defendants, JEFFREY KETTERING and ROBIN KETTERING 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Direct: (717) 760-7502 Fax: (717) 975-8124 Email: rkroll@margolisedelstein.com ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Fax: [717] 975-8124 E-Mail: rkroll@margolisedelstein.com Attorneys for Defendants: JEFFREY IM77MG and his wife ROBIN KETTERING DOUGLASS C. KIEHL and his wife JANE IGEHL, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 2008-6525 JEFFREY KETTERING and his wife ROBIN KETTERING, Defendants : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS, JEFFREY AND ROBIN KETTERING TO PLAINTIFFS' COMPLAINT AND NOW, come Defendants, Jeffrey and Robin Kettering ('Defendants"), by and through their counsel, Margolis Edelstein, to answer the Complaint of Plaintiffs, Douglas C. Kiehl and his wife, Jane Kiehl ("Plaintiffs"), and in support thereof, aver the following: 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint, and same are therefore denied. 2. Admitted. 3. Denied as stated. It is admitted that on or about November 27, 2006, an accident occurred. It is denied that the accident occurred at approximately 7:00 p.m. After a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as of the truth of the remaining averments of this paragraph of Plaintiffs' Complaint, and same are therefore denied. 4. Admitted in part and denied in part. It is admitted that Defendants were traveling south on an entrance ramp attempting to merge onto Route 81 when the accident occurred. 5. Admitted in part and denied in part. It is admitted that an accident occurred involving a vehicle operated by Plaintiff, Douglas Kiehl, and a vehicle owned by Plaintiffs. It is specifically denied that high speed was involved in the collision. 6. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint, and same are therefore denied. 7. Admitted in part and denied in part. It is admitted that citations were administered by the investigating police officer. It is specifically denied that these are relevant and/or admissible at the trial of this matter, and strict proof to the contrary is demanded at trial. 8(a)-(e). Denied. The allegations of this paragraph and subparagraphs of Plaintiffs' Complaint are specifically denied as conclusions of law which are both legally and factually incorrect. By way of further answer, the allegations of this paragraph and subparagraphs of Plaintiffs' Complaint are denied pursuant to Pa.R.C.P. annot. 1029. 9. Admitted in part and denied in part. It is admitted that Defendant, Robin Kettering, was operating the motor vehicle in question. It is specifically denied that Defendant, Robin Kettering, was acting on behalf of Defendant, Jeffrey Kettering, as -2- same is a conclusion of law to which no responsive pleading is required and same is therefore denied. 10. Denied. The allegations of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required, and same is therefore denied. By way of further answer, paragraph 9 hereof is incorporated herein by reference as if set forth in full. 11-12. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as of the truth of the averments of this paragraph of Plaintiffs' Complaint, and same are therefore denied. 13. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as of the truth of the averments of this paragraph of Plaintiffs' Complaint, and same are therefore denied.. By way of further answer, the allegations of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required, and same is therefore denied. WHEREFORE, Defendants, Jeffrey and Robin Kettering, demand judgment in their favor and against Plaintiffs with costs of suit assessed to Plaintiffs. NEW MATTER 14. Paragraphs 1 through 13 are incorporated herein by reference as if set forth in full. 15. If it is determined that Defendants are liable on Plaintiffs' cause of action, -3- Defendants aver that any recovery should be eliminated and/or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102. 16. It is further averred that if Plaintiffs suffered any injuries or damages, as alleged, that they were caused solely and primarily by Plaintiffs' own carelessness, recklessness and negligence. 17. It is further averred that if Plaintiffs suffered any injuries or damages, as alleged, that they were caused solely and primarily by the carelessness, recklessness and negligence of third parties over whom Defendants had no control, right of control or duty to control. 18. Pursuant to Rule 2252(d), it is further averred that parties other than Defendants are solely liable to Plaintiffs or jointly and severally liable or liable over to Defendants on the cause of action. 19. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 20. The accident described in Plaintiffs' Complaint was not caused by the negligence of Defendants. 21. No causation exists between any alleged act or omission of Defendants and the alleged injuries and/or damages incurred by Plaintiffs. 22. Other individuals or entities over whom Defendants had no control are causally negligent. 23. Some or all of the damages claimed by Plaintiffs are not recoverable under the applicable laws. -4- 24. Any acts and/or omissions of Defendants alleged to constitute negligence were not substantial causes or factors of the subject accident or alleged damages. 25. Defendants deny that they were negligent in any manner whatsoever. Should it be determined to the contrary, then the negligence of Plaintiffs, or others, was comparatively greater than that of Defendants causing the claims brought against Defendants to be reduced pursuant to the Pennsylvania Comparative Negligence Act. 26. Plaintiffs' accident was caused by Plaintiffs' failure to observe the conditions that were existing around them, and failure to take precautions for their own safety. 27. Plaintiffs' accident was caused by their failure to observe an open and obvious condition. 28. Defendants reserve their right, upon completion of its investigation and discovery, to file additional defenses, counterclaims, as may be appropriate. 29. Plaintiffs' claims are barred in whole or in part by the Doctrine of res judicata and/or collateral estoppel. WHEREFORE, Defendants, Jeffrey and Robin Kettering, demand judgment in their favor and against Plaintiffs with costs of suit assessed to Plaintiffs. -5- Date Respectfully submitted, 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Direct: (717) 760-7502 Fax: (717) 975-8124 Email: rkroll@margolisedelstein.com -6- Attorneys for Defendants, JEFFREY KETTERING and ROBIN KETTERING VERIFICATION I, JEFFREY KETTERING, have read the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, JEFFREY AND ROBING KETTERING, TO PLAINTIFFS' COMPLAINT, which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is niaue subject to the peridit es of i$ Pa. C.S.A. Section 4904, relating to unworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. (?? ki- _;e?- 11-?' Date: co) OW 3. T NG PQA /' ? , to VQV6? VERIFICATION I, ROBIN KETTERING, have read the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, JEFFREY AND ROBING KETTERING, TO PLAINTIFFS' COMPLAINT, which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of r8 Aa. C.S.A. Section 4904, relating to unworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: JK tD l -0 R 4 Z_ A ?,Mkw? KE TTE G I CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, JEFFREY AND ROBIN KETTERING, on counsel of record by placing the same in the United States mail at Camp ' 1, Pennsylvania, first-class postage prepaid, on the 4e- u! , day of 2010, and addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 MARGOLIS EDELSTEIN JoAnn E. Nelson, DOUGLAS C. KIEHL and his wife : IN THE COURT OF COMMON PLEAS OF JANE KIEHL, : CUMBERLAND COUNTY, Plaintiffs/Petitioner : PENNSYLVANIA C-. V. 2008—6525 CIVIL TERM -a:;: ! m rn C= r JEFFREY KETTERING and his wife 6-r•- ` %~ " ROBIN KETTERING CIVIL ACTION -LAW c� Defendants/Respondent ZCD c.� c," PETITION FOR STATUS CONFERENCE AND NOW, this 2"d day of August, 2013, comes the Plaintiffs, Doug C. Kiehl and his wife, Jane Kiehl by their attorney, Irwin & McKnight, P.C. and requests the following Petition for Status Conference with a Judge in the above matter: 1. The Petitioners, Doug C. Kiehl and his wife, Jane Kiehl are the Plaintiffs in a personal injury action filed 2008-6525 in Cumberland County, Pennsylvania. Their address is 1418 Holly Pike, Carlisle, PA 17015. 2. The Respondents are Jeffery Kettering and his wife Robin Kettering, Defendant in this personal injury action. Their address is 294 Middle Road, Newville, Cumberland County, Pennsylvania 17241 3. Liability is not an issue in this case 4. The parties are preparing the case for trial regarding damages and would engage in a mediation, but the attorney for Respondents has been recently non-responsive. Petitioner request for a status conference with a Judge to review and send schedules. WHEREFORE, Petitioners request Your Honorable Court to schedule a status conference before a judge. IRWIN & Mi5KNIGHT9 Marcus �ght,II , ire 60 West mfret Street Carlisle, A 17013 (717) 249- Supreme Ct. ID. 25476 Date: August 2, 2013 DOUGLAS C. KIEHL and his wife : IN THE COURT OF COMMON PLEAS OF JANE KIEHL, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA V. 2008—6525 CIVIL TERM JEFFREY KETTERING and his wife ROBIN KETTERING, CIVIL ACTION -LAW Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Rolf E. Kroll, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011 IRWIN & YcKN.IGHT P.C. By: Mar cis A. Mc igh III, Esquire 60 West Pomfret tree Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D.No. 25476 Date: August 2, 2013 t e DOUGLAS C. KIEHL and his wife : IN THE COURT OF COMMON PLEAS OF JANE KIEHL, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA V. 2008—6525 CIVIL TERM JEFFREY KETTERING and his wife ROBIN KETTERING, CIVIL ACTION- LAW Defendants . ORDER OF COURT AND NOW,this 2"d day of August, 2013, upon consideration of the attached Motion for Status Conference is hereby GRANTED and a conference is scheduled for J 3� Via./p.m. in Courtroom BY THE-CO RT: J. Marcus A. McKnight, III, Esquire Attorney for Plaintiff/Petitioner Rolf E.Kroll, Esquire �� w �c•f~: Attorney for Defendant/Respondent rn� � �=-CL DOUGLAS C. KIEHL and his IN THE COURT OF COMMON PLEAS OF wife, JANE KIEHL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. JEFFREY KETTERING and his : wife, ROBIN KETTERING, CIVIL ACTION - LAW Defendants NO. 08-6525 CIVIL TERM IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 6th day of September, 2013, we completed the status conference in the above matter, and the following was agreed between the parties : 1 . Defendant is admitting liability and the only issue at trial will be the nature and extent of damages suffered by the Plaintiff as a result of this incident . 2 . The parties have agreed that this case will be tried during the February trial term, 2014 . Either party may list the matter for trial . Both counsel are deemed attached to this Court during said trial term. By the Court, Edward E. Guido, J. C" r1 t.IJ Marcus A. McKnight, III, Esquire rq CO C'o : For the Plaintiffsr. ZRolf E. Kroll, Esquire ca For the Defendants C^ Xa :Z : lfh Ln Q 110�l 3 .girl DOUGLAS C. KIEHL and JANE KIEHL -�rn vs Case No. 2008 – — r" JEFFREY KETTERING and ROBIN KETTERING '. Statement of Intention to Proceed To the Court: The Plaintiffs intends to proce-s ith the ab, e captioned matter. Print Name Marcus A. McKnight, III Sign Name A. Date: October 21, 2013 Attorney for Plaintiff s Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle,551 Pa.360,710 A.2d 1104 (1998) in which the court held that"prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b)has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties. If the parties do not wish to pursue the case,they will take no action and"the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d)for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision(d)(3)requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.