HomeMy WebLinkAbout00-05036IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KEVIN J. GUTSHALL
932 W. Trindle Road
Mechanicsburg, PA 17055
Plaintiff(s) &
Address(es)
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue A Writ of Summons in the above-captioned action.
Defendant(s) &
Address(es)
X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff
W. Scott Henning, Esquire
319 Market Street
P.O. Box 1177
Harrisburg, PA 17108
(717) 238-2000
Name/Address/Telephone No.
of Attorney
Signature of Att
Supreme Cour ID
Data.
7/12/
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN
ACTION AGAINST YOU.
// r thonotary
Date: ?Lc Cv /?f aOGO Eby ? ?
DJputy
No. OCS - k, l.lVr 4/LC'1.
Civil Action - (XX) Law
( ) Equity
JURY TRIAL DEMANDED
RAENN BANKS
2024 State Road
Camp Hill, PA 17011
( ) Check here if reverse is used for additional information
1ROTHON.-55 -
X)
rr?
V
nQ?c
I I
0
c:
CJ
(1J
LL;
y?
.
-f
d,
C7,.
ZT
-t
ot-)
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-05036 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GUTSHALL KEVIN J
VS
BANKS RAENN
HAROLD WEARY , Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
BANKS
the
DEFENDANT at 0017:25 HOURS, on the 19th day of July 2000
at 2024 STATE ROAD
CAMP HILL, PA 17011 by handing to
RAENN BANKS
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.30
Affidavit .00
Surcharge 10.00
.00
37.30
Sworn and Subscribed to before
me this day of
o`lpyrv A.D.
P othonotary
So Answers:
r
R. Thomas Kline
07/20/2000
HANDLER, HENNING &
By:
Deputy Sheriff
OOHB-00086
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
KEVIN J. GuTSHALL,
PLAINTIFF
VS.
RAENN BANKS,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-5036
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance in the above captioned matter on behalf of the Defendant,
Raenn Banks.
Date: August 16. 2000
Respectfully submitted,
LAW OFFICES OF JACOBS & SABA
By:
6131ff B. Ric s, Esquire
Attorney for Defendant
Identification No.58867
r
i
OOM-WO96
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attornevs for Defendant. Raenn Banks
KEVIN J. GuTSHALL,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
RAENN BANKS,
DEFENDANT
No. 00-5036
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant
herein, and that he caused a true and correct copy of Entry of ANearance to be served by
regular first class mail upon:
W. Scott Henning, Esquire
Handler, Henning & Rosenberg
1300 Linglestown Road
Harrisburg, PA 17110
Dated: August 16. 2000 u-? v v?-
Giral E. Rickards, Esquire
Attorney for Defendant
OOHB-00086
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendant, Raenn Banks
KEv1N J. GUTsHALL,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
RAENN BANKS,
DEFENDANT
No. 00-5036
CIvH. ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Please enter a RULE upon Plaintiff to file a Complaint within twenty (20) days hereof
or suffer the entry of a Judgment of Non Pros.
Date: August 16. 2000
Girard E. Rickards Esquire
Attorney for Defendant
RULE TO FILE COMPLAINT
AND NOW, this JILI-day of OuatL- , 2000 a RULE is hereby
entered upon the Plaintiff to file a Complaint h rein within twenty (20) days after service
hereof or suffer the entry of a Judgment of Non Pros.
A/ da2iZL2
PROTHONOTARY
i
OOHB-00086
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendant, Raenn Banks
KEVIN J. GUTSHALL,
PLAINTIFF
VS.
RAENN BANKS,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-5036
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant
herein, and that he caused a true and correct copy of Praecipe - Rule to File Complaint to be
served by regular first class mail upon:
W. Scott Henning, Esquire
Handler, Henning & Rosenberg
1300 Linglestown Road
Harrisburg, PA 17110
Dated: August 16, 2000
Girard E. Rickards, Esquire
Attorney for Defendant
KEVIN J. GUTSHALL, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-5036
V.
RAENN BANKS,
CIVIL ACTION - LAW
Defendant : JURY TRIAL DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone 717-249-3166 or 800-990-9108
HANDLER.-KENNING & ROSENBERG
By
W. S tt He mg, Esq.
1. D. 98
1300 Linglestow oad
Harrisburg, P 17110
(717) 238- 00
Attorney fo Plaintiff
I
mgh/complaints/mva/gutshall
KEVIN J. GUTSHALL, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-5036
V.
RAENN BANKS,
CIVIL ACTION - LAW
Defendant : JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, Kevin J. Gutshall, by and through his attorneys
HANDLER, HENNING & ROSENBERG, by W. Scott Henning, Esquire, and brings the
within Complaint against the Defendant, Raenn Banks, and avers as follows:
1. Plaintiff, Kevin Gutshall, is an adult individual who currently resides at
932 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant, Raenn Banks, is an adult individual who currently resides at
2024 State Road, Camp Hill, Cumberland County, Pennsylvania, 17011.
3. At all times material hereto, Plaintiff, Kevin J. Gutshall, was the owner
and operator of a 1985 Mercury, bearing Pennsylvania Registration Number BLW-
9448.
4. At all times material hereto, Defendant, Raenn Banks, was the owner and
operator of a 1978 Dodge, bearing Pennsylvania Registration Number BPZ-0860.
5. On or about August 17, 1998, at approximately 12:48 p.m., Plaintiff,
Kevin J. Gutshall, was stopped at a red traffic signal, facing in the eastbound direction,
at the intersection of York and Simpson Streets in Mechanicsburg, Cumberland
County, Pennsylvania.
6. On or about August 17, 1998, at approximately 12:48 p.m., Defendant,
Reann Banks, was traveling east on West Simpson Street in Mechanicsburg,
Cumberland County, Pennsylvania, when suddenly and without warning, she failed to
stop and violently collided into the rear of Plaintiff's vehicle.
7. Prior to the aforementioned collision, Plaintiff's parents, Jay and Janet
Gutshall, had purchased a policy of motor vehicle insurance from Shelby Casualty
Insurance Company in which Plaintiff was a named insured. Said policy was in full
force and effect on August 17, 1998, the date of the incident. Pursuant to said
policy, Plaintiff enjoyed the benefits of full-tort coverage.
8. The occurrence of the aforementioned collision and the resultant injuries
to Plaintiff, Kevin J. Gutshall, were the direct and proximate result of the negligence
of Defendant, Raenn Banks, generally and more specifically as set forth below:
(a) In failing to operate her vehicle under proper and adequate control
so that she could have avoided striking the rear of Plaintiff's
vehicle;
2
(b) In failing to keep alert and maintain a proper lookout for the
presence of other vehicles lawfully on the roadway;
(c) In failing to operate her vehicle in such a manner so that she could
apply her brakes so as to avoid a collision with the rear of
Plaintiff's vehicle;
(d) In failing to properly and adequately observe the traffic and road
conditions then and there existing;
(e) In failing to be reasonably vigilant to observe that Plaintiff's
vehicle was stopped in front of her;
(f) In speeding and/or driving too fast for existing road conditions;
(g) In failing to operate said vehicle at a speed, and under such
control, so as to be able to stop within the assured clear distance
ahead, in violation of 75 Pa.C.S.A. § 3361; and,
(h) In operating said vehicle in a careless manner, in violation of 75
Pa.C.S.A. § 3714.
9. As a direct and proximate result of the negligence of the Defendant,
Raenn Banks, the Plaintiff, Kevin J. Gutshall, sustained serious injuries including, but
not limited to, left knee and foot pain, neck pain, muscular and ligamentous injuries,
lumbar sprain/strain and left spondyloloysis.
10. As a direct and proximate result of the negligence of the Defendant,
Raenn Banks, the Plaintiff, Kevin J. Gutshall, sustained serious personal injuries
3
requiring emergency medical treatment and continuing medical treatment and physical
therapy.
11. As a direct and proximate result of the negligence of the Defendant,
Raenn Banks, the Plaintiff, Kevin J. Gutshall, has been, and may in the future be,
hindered from attending to his usual daily activities and duties, to his great detriment,
loss, humiliation and embarrassment.
12. As a direct and proximate result of the negligence of the Defendant,
Raenn Banks, the Plaintiff, Kevin J. Gutshall, has suffered great physical pain,
discomfort, humiliation and mental anguish, and will continue to endure the same for
an indefinite period of time in the future, to his physical, emotional and financial
detriment and loss.
13. As a direct and proximate result of the negligence of the Defendant,
Raenn Banks, the Plaintiff, Kevin J. Gutshall, has been compelled, in order to effect a
cure for the aforesaid injuries, to expend money for medical attention. Plaintiff
continues to take medications and incur medical expenses for said injuries, and may
continue to do so in the future, to his great detriment and loss.
14. As a direct and proximate result of the negligence of the Defendant,
Raenn Banks, the Plaintiff, Kevin J. Gutshall, has suffered a loss of life's pleasure and
he will continue to suffer the same in the future, to his great detriment and loss.
15. As a direct and proximate result of the negligence of the Defendant,
Raenn Banks, the Plaintiff, Kevin J. Gutshall, sustained a loss of wages, and may
continue to suffer the same in the future to his great detriment and loss.
4
16. Plaintiff, Kevin J. Gutshall, believes, and therefore avers, that his injuries
are permanent in nature.
WHEREFORE, Plaintiff, Kevin J. Gutshall, seeks damages from the Defendant,
Raenn Banks, in an amount in excess of Twenty-Five Thousand ($25,000.00)
Respectfully submitted,
Date: 9-/5-
'')O?
W.
1300,Jdli glesto Ro<
Harrisburg, P 17110
(717) 238-2 00
Attorney for Plaintiff
5
VERIFICATION
I, KEVIN GUTSHALL, hereby verify that the statements made in the foregoing
document are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904
relating to unworn falsification to authorities.
KEVIN J. GUTSHALL
Date: ?)
KEVIN J. GUTSHALL,
Plaintiff
V.
RAENN BANKS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-5036 CIVIL
: CIVIL ACTION -LAW
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
On this day of 2000, 1 hereby certify that
a true and correct copy of Plaintiff's Complaint with Notice to Defend was served upon
the following by depositing same in the United States Mail in Harrisburg, Pennsylvania:
Girard E. Rickards, Esquire
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
HANDLER, HENNING &
Date: 9 ?s -aOaa
By
W. Scott He ping, squ
Attorney I.D. 98
1300 Linglestown ad
Harrisburg, PA 17 10
(717) 238-2000
BERG
ATTORNEY FOR PLAINTIFF
OOHS-00086
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number. (717) 731-0988
Attorneys for Defendant, Raenn Banks
KEVIN J. GUTSHALL,
PLAINTIFF
VS.
RAENN BANKS,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-5036
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Answer with New
Matter of Defendant Raenn Banks to Plaintiff's 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 Answer with New Matter of Defendant Raenn Banks to
Plaintiff's 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
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
I f
OOBB-00086
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendant, Raenn Banks
KEVIN J. GUTSHALL,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
RAENN BANKS,
DEFENDANT
No. 00-5036
CIvIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANT RAENN BANKS
TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, Raenn Banks, by and through her attorney, Girard
E. Rickards, Esquire, in support of Answer with New Matter of Defendant Raenn Banks to
Plaintiff's Complaint hereby avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in part, denied in part. It is admitted that on or about August 17, 1998, at
approximately 12:48 p.m., Defendant Raenn Banks was traveling east on West Simpson Street in
Mechanicsburg, Cumberland County, Pennsylvania, when she was unable to stop and her vehicle
impacted the rear of the Plaintiff s vehicle. The remaining averments of paragraph 6 are
specifically denied and strict proof thereof is demanded at the time of trial.
7. After reasonable investigation, the Defendant is without sufficient knowledge to form a
belief as to the truth of the averments of paragraph 7. Therefore, each and every averment of
paragraph 7 is specifically denied and strict proof thereof is demanded at the time of trial.
8. The averments in paragraph 8 constitute a conclusion of law to which no response is
required. To the extent that a response is deemed required, each and every averment of
paragraph 8 is specifically denied and strict proof thereof is demanded at the time of trial.
9. After reasonable investigation, the Defendant is without sufficient knowledge to form a
belief as to the truth of the averments of paragraph 9. Therefore, each and every averment of
paragraph 9 is specifically denied and strict proof thereof is demanded at the time of trial.
10. After reasonable investigation, the Defendant is without sufficient knowledge to form
a belief as to the truth of the averments of paragraph 10. Therefore, each and every averment of
paragraph 10 is specifically denied and strict proof thereof is demanded at the time of trial.
11. After reasonable investigation, the Defendant is without sufficient knowledge to form
a belief as to the truth of the averments of paragraph 11. Therefore, each and every averment of
paragraph 11 is specifically denied and strict proof thereof is demanded at the time of trial.
12. After reasonable investigation, the Defendant is without sufficient knowledge to form
a belief as to the truth of the averments of paragraph 12. Therefore, each and every averment of
paragraph 12 is specifically denied and strict proof thereof is demanded at the time of trial.
13. After reasonable investigation, the Defendant is without sufficient knowledge to form
a belief as to the truth of the averments of paragraph 13. Therefore, each and every averment of
paragraph 13 is specifically denied and strict proof thereof is demanded at the time of trial.
14. After reasonable investigation, the Defendant is without sufficient knowledge to form
a belief as to the truth of the averments of paragraph 14. Therefore, each and every averment of
paragraph 14 is specifically denied and strict proof thereof is demanded at the time of trial.
15. After reasonable investigation, the Defendant is without sufficient knowledge to form
a belief as to the truth of the averments of paragraph 15. Therefore, each and every averment of
paragraph 15 is specifically denied and strict proof thereof is demanded at the time of trial.
16. After reasonable investigation, the Defendant is without sufficient knowledge to form
a belief as to the truth of the averments of paragraph 16. Therefore, each and every averment of
paragraph 16 is specifically denied and strict proof thereof is demanded at the time of trial.
WHEREFORE, Defendant Raenn Banks respectfully requests your Honorable Court to
dismiss the Plaintiff's Complaint with prejudice.
NEW MATTER
17. The Plaintiff's claims for medical expenses and wage loss are barred, or should be
reduced in accordance with § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility
Act.
18. The Plaintiffs claims for non-pecuniary damages may be barred bythe limited tort
option of the Pennsylvania Motor Vehicle Financial Responsibility Act.
19. The Plaintiff has been paid the sum of $233.10 on behalf of Defendant Raenn Banks
for claims made in this lawsuit and set off in that amount is hereby claimed.
WHEREFORE, Defendant Raenn Banks respectfully requests your Honorable Court to
enter judgment in her favor and demands a set off in the amount of $233.10.
Respectfully submitted,
Date: November 20. 2000 By:
Girard E. Rickards, Esquire
Attorney for Defendant
Identification No. 58867
LAW O CES OF 7 OBS & SABA
0003-00086
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
KEVIN J. GUTSHALL,
PLAINTIFF
VS.
RAENN BANKS,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5036
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
VERIFICATION
I, Raenn Banks, verify that the statements made in the foregoing Answer with New
Matter of Defendant Raenn Banks to Plaintiff's Complaint are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of Pa.C.S.A. §4904, relating to unworn falsification to authorities.
Dated: 7?? e ?=
Raenn Banks, Defendant
OOHB-00086
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
for
Banks
KEVIN J. GUTSHALL,
PLAINTIFF
VS.
R.AENN BANKS,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-5036
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant
herein, and that he caused a true and correct copy of Answer with New Matter of Defendant
Raenn Banks to Plaintiff's Complaint to be served by regular first class mail upon:
W. Scott Henning, Esquire
Handler, Henning & Rosenberg
1300 Linglestown Road
Harrisburg, PA 17110
Dated: November 20. 2000
2
card E. Rickards, Esquire
Attorney for Defendant
Y
KEVIN J. GUTSHALL, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-5036
V.
: CIVIL ACTION -LAW
RAENN BANKS,
Defendant : JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER
AND NOW, comes Plaintiff, Kevin J. Gutshall, by and through his attorneys,
HANDLER, HENNING & ROSENBERG, by W. Scott Henning, who answers
Defendant's New Matter as follows:
17. DENIED. The allegation set forth in Paragraph 17 is a conclusion of
law to which no responsive pleading is required, however, to the extent that the
Honorable Court deems a response necessary, the Plaintiff acknowledges that his
claim shall be reduced or limited by the Pennsylvania Motor Vehicle Financial
Responsibility Act as may be properly determined by the Court.
18. DENIED. The allegation set forth in Paragraph 18 is a conclusion of
law to which no responsive pleading is required, however, to the extent that the
Honorable Court deems a response necessary, the Plaintiff elected the full tort
option, and hence, the limited tort limitation on non-pecuniary damages is not
applicable; and proof to the contrary is demanded at the trial in this matter.
19. ADMITTED.
WHEREFORE, Plaintiff demands judgment against the Defendants for the
relief set forth in his Complaint.
HANDLER, HENNING & ROSENBERG
{ W. Sco m g, E uire
Date: Suprem ID #A2298
P.O. Bo7
Harrisburg, PA 1 108
(717) 238-200
Attorneys for Plaintiff
1
VERIFICATION
PURSUANT TO PA R.C.P. NO. 1024 (c)
W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party
filing the foregoing document; that he makes this affidavit as an attorney, because
the party he represents lacks sufficient knowledge or information upon which to make
a verification and/or because he has greater personal knowledge of the information
and belief than that of the party for whom he makes this affidavit; and that he has
sufficient knowledge or information and belief, based upon his investigation of the
matters averred or denied in the foregoing document; and that this statement is made
subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to
authorities.
Date: /':2,-C2
y
KEVIN J. GUTSHALL,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-5036
V.
RAENN BANKS,
CIVIL ACTION - LAW
Defendant : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
On the day of ?, 2000, 1 hereby certify that a true and
correct copy of Plaintiff's Answer to New Matter was served upon the following
persons(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, first-class postage prepaid as follows:
Girard E. Rickards, Esquire
JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
HANDLER, HENNING & ROSENBERG
By:
Date: /a-y'WO6
W. Scott H niM ,
Supreme/Coju,ErIAL)
#
P.O. Bo 77
Harrisburg, PA 171:11(
(717) 238-200
Attorneys for Plaintiff
oa
?C7
G ,
L?
tV
?n
n-l
_;]Ll
rl
ID rn
7s
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
KEVIN J. GUTSHALL - AUTO/BODILY INJURY TERM,
-VS- CASE NO: 00-5036
REANN BANKS - BANKS
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
4IRARD on b of
DATE: 12/19/2000 E. RICKARDS. ESQUIRE
Attorney for DEFENDANT
DE11-225197 3 7 8 1 1- 1,0 4
C OMAQONWEAL TH OP PENNSYLVANIA
COUNTY OH CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
KEVIN J. GUTSHALL - AUTO/BODILY INJURY TERM,
-VS- CASE NO: 00-5036
REANN BANKS - BANKS
EVERETT C. HILLS, M.D. MEDICAL
SHELBY INSURANCE CO. INSURANCE
HB MCCLURE COMPANY, INC. EMPLOYMENT
TO: W. SCOTT HENNING, ESQUIRE
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve-upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by campleting
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 11/29/2000
CC: GIRARD E. RICKARDS, ESQUIRE - OOHB-00086
TOM $AEdE; - 5837DO05969
Any questions regarding this matter, contact
MCS on behalf of
GIRARD E. RICKARDS, ESQUIRE
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
/800
PHILADELPHIA, PA 19103 -
(215) 246-0900
DE02-138627 3783-3--C;02-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KEVIN J. GUTSHALL -AUTO/BODILY INJURY
VS
File No. 00-5036 CIVIL
REANN BANKS -BANKS
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR:EVERETT C. HILLS, 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
at MCS GROUP INC.,1601 MARKET ST., #800, PHILA.,PA 1
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: GIRARD E. RICKARDS, ESQ.
ADDRESS: 214 SENATE AVE.. SUITE 503
CAMP HILL, PA-17011
TELEPHONE: 215-246-0900
SUPREME COURT ID fh
ATTORNEY FOR: DEFENDANT
DATE: /?)O o a,? a eo n
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
EVERETT C. HILLS, M.D.
450 POWERS AVENUE
HARRISBURG, PA 17109
RE: 37811
KEVIN J. GUTSHALL
INCLUDE ANY AND ALL NOTES.
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including the present.
Subject : KEVIN J. GUTSHALL
932 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055
Social Security 11: 210-58-9488
Date of Birth: 07-06-1978
SU10-279006 3 7 8 1 1- 1.0 4
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
KEVIN J. GUTSHALL - AUTO/BODILY INJURY
-V5-
REANN BANKS - BANKS
COURT OF COMMON PLEAS
TERM,
CASE NO: 00-5036
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 12/19/2000 GIRARD E. RICKARDS, ESQUIRE
Attorney for DEFENDANT
DE11-225198 3781-1--1-05
V
COMMONWEAL T H OF PENN S YLVAN 2A
COUNTY 03F CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
KEVIN J. GUTSHALL - AUTO/BODILY INJURY TERM,
-VS- CASE NO: 00-5036
REANN BANKS - BANKS
EVERETT C. HILLS, M.D. MEDICAL
SHELBY INSURANCE CO. INSURANCE
HB MCCLURE COMPANY, INC. EMPLOYMENT
TO: W. SCOTT HENNING, ESQUIRE
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 11/2912000
CC: GIRABD B. RICKARDS, ESQUIRE - OOKE-00086
TOM BAKEW° - 5837D005969
Any questions regarding this matter, contact
MCS on behalf of
GIRARD B. RICKARDS, ESQUIRE
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-138627 37S3---l---C:02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KEVIN J. GUTSHALL -AUTO/BODILY INJURY
VS
REANN BANKS -BANKS
File No. 00-5036 CIVIL
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: SHELBY INSURANCE COMPANY
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things: SEE ATTACHED
at MCS GROUP INC.,1601 MARKET ST., 11800, PHILA.,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the 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:
GIRARD E. RICKARDS, ESQ.
ADDRESS: 214 SENATE AVE. SUITE 503
CAMP HILL, PA 17011
TELEPHONE: 215-246-0900
SUPREME COURT ID t1:
ATTORNEY FOR: DEFENDANT
DATE: , A )be) a '
Seal of the Court
(Eff 7 97)
EXPI.ANA17ION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
SHELBY INSURANCE CO.
175 MANSFIELD AVENUE
SHELBY, OH 44875
RE: 37811
KEVIN J. GUTSHALL
FIRST PARTY FILE; POL/CLAIM NO.040-567118 R 0100931 27
LOSS DATE: 08/17/1998
Any and all claims files.
Dates Requested: up to and including the present.
Subject : KEVIN J. GUTSHALL
932 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055
Social Security A 210-58-9488
Date of Birth: 07.06-1978
Date of Loss: 08/17/1998
SUIO-279008 3 7 8 1 1 - L 05
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
KEVIN J. GUTSHALL - AUTO/BODILY INJURY
-VS-
COURT OF COMMON PLEAS
TERM,
CASE NO: 00-5036
REANN BANKS - BANKS
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 12/19/2000 GIRARD E. RICKARDS, ESQUIRE
Attorney for DEFENDANT
DE11-225199 3 7 8 1 1- 1-0 6
COMMONWEAL TH O V P E NN S YLVANTA
COUNTY O Er
CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
KEVIN J. GUTSHALL - AUTO/BODILY INJURY TERM,
-VS- CASE NO: 00-5036
REANN BANKS - BANKS
TO SERVE A
EVERETT C. HILLS, M.D. MEDICAL
SHELBY INSURANCE CO. INSURANCE
HB MCCLURE COMPANY, INC. EMPLOYMENT
T0: V. SCOTT HENNING, ESQUIRE
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 11129/2000
CC: GIRARD E. RICKARDS, ESQUIRE - OOHB-00086
TOM BAKER - 5837DO05969
Any questions regarding this matter, contact
MCS on behalf of
GIRARD E. RICKARDS, ESQUIRE
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-138627 3 7 8 1 1- 0 0 2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KEVIN J. GUTSHALL -AUTO/BODILY INJURY
VS
REANN BANKS -BANKS
File No. 00-5036 CIVIL
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: HB MCCLURE COMPANY,INC.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things: SEE ATTACHED
at MCS GROUP INC.,1601 MARKET ST., 11800, PHILA.,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the 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 serv ice, 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:
GIRARD E. RICKARDS, ESQ.
ADDRESS: 214 SENATE AVE., SUITE 503
CAMP HILL, PA 17011
TELEPHONE: 215-246-0900
SUPREME COURT ID N:
ATTORNEY FOR.
DEFENDANT
DATE: • / J co 07 C OUP
Seal of the Court
J'}
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HB MCCLURE COMPANY, INC.
600 SOUTH 17TH STREET
HARRISBURG, PA 17105
RE: 37811
KEVIN J. GUTSHALL
Any and all employment records, files and memorandums, compensation,
time and attendance records, personnel records, payroll and salary
reports and all medical records as an employee.
Dates Requested: up to and including the present.
Subject : KEVIN J. GUTSHALL
932 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055
Social Security #: 210-58-9488
Date of Birth: 07-06-1978
SU10-279010 3 7 8 3-3-- 1,0 6
r>
_. c ??
.
rj
\ T
y
v r_-
?. ?: ..
LC-- N -r', ?i
v?,?; _
. C! -;C?
?: ?.._
L;
i??
p`
?m
?t
-G -
4
T
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
KEVIN J. GUTSHALL - AUTO/BODILY INJURY TERM,
-VS- CASE NO: 00-5036 CIVIL
REANN BANKS - BANKS
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 01/16/2001
CS on h/e?
GIRA E. RICKARDS, ESQUIRE
Attorney for DEFENDANT
DE11-230442 :378-L3--I,07
COMMONWEALTH O V P E NN S YLVAN ZA
COUNTY OP CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
KEVIN J. GUTSHALL - AUTO/BODILY INJURY
-VS-
REANN BANKS - BANKS
OF
MINNESOTA MUTUAL
INSURANCE
TERM,
CASE NO: 00-5036 CIVIL
TO: U. SCOTT HENNING, ESQUIRE
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 12/27/2000
MCS on behalf of
GIRARD E. RICKARDS, ESQUIRE
Attorney for DEFENDANT
CC: GIRARD E. RICKARDS. ESQUIRE - 0088-00086
TOM BAKER - 5837D005969
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-141179 37 8 1 IL- C 0 2
I
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KEVIN J. GUTSHALL -AUTO/BODILY INJURY
VS File No. 00-5036 CIVIL
REANN BANKS -BANKS
TO: CUSTODIAN OF RECORDS FOR: MINNESOTA MUTUAL INSURANCE COMPANY
(Name of Person or Entity)
Within twenty (20) days after service of this subpSEE I TOugCgDered by the court to produce the following documents or
things:
at MCS GROUP INC., 1601 MARKET ST., 0500, PHILA.,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: GIRARD E. RICKARDS, ESQ.
ADDRESS: 214 SENATE AVE.,#503
CAMP HILL, PA 17011
TELEPHONE: 215-246-0900
SUPREME COURT ID N:
ATTORNEY FOR. DEFENDANT
l)?!?
DATE: ? .24.
Seal of the Court
(Eff. 7/97)
r
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MINNESOTA MUTUAL
GROUP DIVISON CLAIMS
P.O. BOX 64114
ST PAUL, MN 55164
RE: 37811
KEVIN J. GUTSHALL
COMPLETE DISABILITY CLAIM FILE, INCLUDING APPLICATION FOR BENEFITS AND
AMOUNTS OF "PAYMENTS MADE FOR SUBJECT.
CLAIM NO. H425582
Any and all claims files.
Dates Requested: up to and including the present.
Subject: KEVIN J. GUTSHALL
932 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055
Social Security #: 210-58-9488
Date of Birth: 07-06-1978
Date of Loss: 08/17/1998
SU10-283212 3 7 8 1 1- L 0 7
?..._ ? ;,
o
`,-
? ?,?..
?
.n ?
?
G? ? i:?
[:
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22'F
IN THE MATTER OF: COURT OF COMMON PLEAS
KEVIN J. GUTSHALL - AUTO/BODILY INJURY TERM,
-VS- CASE NO: 00-5036
REANN BANKS - BANKS
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE
defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to the certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 09127/2000
GZRARD E. RICKARDS. ESQUIRE
Attorney for DEFENDANT
DEII-209146 3 7 8 1 1- L 0 1
COMMONWEALTH OF PENNSYL-?TANTA
COUNT Y OF CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
KEVIN J. GUTSHALL - AUTO/BODILY INJURY TERM,
-VS- CASE NO: 00-5036
REANN BANKS - BANKS
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
SHEPHERDSTOWN FAMILY PRACTICE MEDICAL
BOWMANSDALE FAMILY PRACTICE MEDICAL
SPANKEY'S AUTO SALES, INC. EMPLOYMENT
TO: W. SCOTT HENNING, ESQUIRE
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009.24. Complete copies of any reproduced records may be ordered at your
expense by completing the attached counsel card and returning same to MCS or
by contacting our local MCS office.
DATE: 09107/2000
CC: GIRARD E. RICKARDS, ESQUIRE - OOHB-00086
TOM BARER - 5837DO05969
Any questions regarding this matter, contact
MCS on behalf of
GIRARD E. RICKARDS, ESQUIRE
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-131617 3 7 8 1 1- C 0 2
COMMO\'4VEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KEVIN J. GUTSHALL
VS
RAEANN BANKS
File No.
00-5036
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: SHEPHERDSTOWN FAMILY PRACTICE
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things: SEE ATTACHED
at MCS GROUP INC.,1601 MARKET ST., 11800, PHILA., PA 19103
(Address)
You mac 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.'-he 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:
GIRARD E. RICKARDS, ESQUIRE
ADDRESS: 214 SENATE AVENUE, STE 503
CAMP HILL, PA 17011
TELEPHONE: (215) 246-0900
SUPRENiE COURT ID
ATTORNEY FOR. THE DEPENDENT
DATE:7T?/V1r 1 'd
Seal of the Court
BY E OUMR-}T-:
Prothonno???wy/Cler??kO Division
Deputy
(Eff. 7/ 9 i
EXPLANATION OF REQUIRED RECORDS
TO. CUSTODIAN OF RECORDS FOR:
SHEPHERDSTOWN FAMILY PRACTICE
2140 FISHER ROAD
MECHANICSBURG, PA 17055
RE: 37811
KEVIN J. GUTSHALL
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including the present.
Subject : KEVIN J. GUTSHALL
932 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055
Social Security JI: 210-58-9488
Date of Birth: 07-06-1978
SII10-266100 37811-L01
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22'F
IN THE MATTER OF: COURT OF COMMON PLEAS
KEVIN J. GUTSHALL - AUTO/BODILY INJURY TERM,
-VS- CASE NO: 00-5036
REANN BANKS - BANKS
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE
defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to the certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 09/27/2000
GIRARD E. RICKARDS, ESQUIRE
Attorney for DEFENDANT
DE11-209147 3 7 8 1 1- L 02-
C OMMO NWEAL T H O EP
P E NN S YLVAN IA
COUNTY O E7
C UMB E RLAND
IN THE MATTER OF:
KEVIN J. GUTSHALL - AUTO/BODILY INJURY
-VS-
REANN BANKS - BANKS
COURT OF COMMON PLEAS
TERM,
CASE NO: 00-5036
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
SHEPHERDSTOWN FAMILY PRACTICE MEDICAL
BOWMANSDALE FAMILY PRACTICE MEDICAL
SPANKEY'S AUTO SALES, INC. EMPLOYMENT
TO: W. SCOTT HENNING, ESQUIRE
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009.24. Complete copies of any reproduced records may be ordered at your
expense by completing the attached counsel card and returning same to MCS or
by contacting our local MCS office.
DATE: 09/07/2000
CC: GIRARD E. RICKARDS, ESQUIRE - OOHB-00086
TOM BARER - 5837D005969
Any questions regarding this matter, contact
MCS on behalf of
GIRARD E. RICKARDS, ESQUIRE
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-131617 3 7 8 1 1- C 0 2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KEVIN S. GUTSHALL
File No. 00-5036
VS
RAEANN BANKS
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUA:a`T TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: BOWMANSDALE FAMILY PRACTICE
(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 ATTArvFn
at MCS GROUP INC.,1601 MARKET ST., (1800, PHILA., PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If yon fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the pary
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
GIRARD E. RICKARDS, ESQUIRE
ADDRESS: 214 SENATE AVENUE, STE 503
CAMP HILL, PA 17011
TELEPHONE: (215) 246-0900
SUPREME COURT ID
ATTORNEY FOR:
THE DEFENDENT
BY THE COURT:
nz?
DATE s•. Prothon?o'/n Cle Civ' ivrsion D
Deputy
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
BOWMANSDALE FAMILY PRACTICE
1 KASEY COURT
SUITE 101
MECHANICSBURG, PA 17055
RE: 37811
KEVIN J. GUTSHALL
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including the present.
Subject : KEVIN J. GUTSHALL
932 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055
Social Security A 210-58-9488
Date of Birth: 07-06-1978
SII10-266102 37811-L02
rr
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22'P
IN THE MATTER OF:
KEVIN J. GDTSHALL - AUTO/BODILY INJURY
-VS-
REANN BANKS - BANKS
COURT OF COMMON PLEAS
TERM,
CASE NO: 00-5036
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE
defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to the certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 09127/2000
GIRARD E. RICKARDS, ESQUIRE
Attorney for DEFENDANT
DEII-209148 3 7 8 1 1- Z.O 3
C0NII?40NWEAL1TH OF PENNSYLVAN=A
COUNTY 0F CUMBERLAND
IN THE MATTER OF:
KEVIN J. GUTSHALL - AUTO/BODILY INJURY
-VS-
REANN BANKS - BANKS
COURT OF COMMON PLEAS
TERM,
CASE NO: 00-5036
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
SHEPHERDSTOWN FAMILY PRACTICE MEDICAL
BOWMANSDALE FAMILY PRACTICE MEDICAL
SPANKEY'S AUTO SALES, INC. EMPLOYMENT
TO: W. SCOTT HENNING, ESQUIRE
MCS on behalf of GIRARD E. RICKARDS, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009.24. Complete copies of any reproduced records may be ordered at your
expense by completing the attached counsel card and returning same to MCS or
by contacting our local MCS office.
DATE: 09/07/2000
CC: GIRARD E. RICKARDS, ESQUIRE - OOHB-00086
TOM BAKER - 5837DO05969
MCS on behalf of
GIRARD E. RICKARDS, ESQUIRE
Attorney for DEFENDANT
Any questions regarding this matter, contact THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-131617 37811--C02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KEVIN J. GUTSHALL
VS
File No. 00-5036
RAEANN BANKS
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: SPANLEY'S AUTO SALES. INC.
(.Name of Person or Entity-)
Within twenty (20) davs after service of this subpoena, you are ordered by the court to produce the following documents or
things: CFF ATTA HFD
at MCS GROUP INC.,1601 MARKET ST., 11800, PHILA., PA 19103
(Address)
You may deliver or .ail 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 twe.nry (20) davs after its service, the party
serving this subpoe:z may seek a court order compelling you to comply with it.
THIS SUBPOE\A WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME
GIRARD E. RICKARDS, ESQUIRE
ADDRESS: 214 SENATE AVENUE, STE 503
CAMP HILL, PA 17011
TELEPHONE (215) 246-0900
SUPREME COURT ID I`:.
ATTORNEY FOR THE DEFENDENT
DATE 9ykMHU I nCU1lV
Seal of the Court
13Y TITE COUR
? -url?to -- ??
PrvtiwTno /Cl Gvil Division
Dep? ?
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
SPANKEY'S AUTO SALES, INC.
701 EAST LOCUST STREET
MECHANICSBURG, PA 17055
RE: 37811
KEVIN J. GUTSHALL
Any and all employment records, files and memorandums, compensation,
time and attendance records, personnel records, payroll and salary
reports and all medical records as an employee.
Dates Requested: up to and including the present.
Subject : KEVIN J. GUTSHALL
932 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055
Social Security A 210-58-9488
Date of Birth: 07-06-1978
SU10-266104 37811-L03
-"= ? VM@ivvti4m.4#9.ei5ad.Y5irVwYtlNabSO?YU?A[sbiJS?tiew? r?erd;ra.?_ %"•.'.«. ?. "•..? ,. =....-.-may- ._: ... -.rte-. -
1)
r
74
?
?
G ?_.... ,.!7
_
CJ? t" P) C'r
2 C Fri
'
.
C .
-?C C73
KEVIN J. GIITSHALL,
Plaintiff
V
RAENN BANKS,
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5036
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
PRAECIPE
Please mark the above action settled and discontinued.
By:
Respectfully Submitted,
HANDLER, HENNING & ROSENBERG
W. Scott l%nn.
I.D. No. 3229
1300 Lingles o
Harrisburg, P
(717)238-2000
Dated: 9 - //® °a? Attorneys for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 16th day of August, 2001, I hereby certify that I have, on this date, served
the within document upon defendant's counsel and all counsel of record by sending a true and correct
copy of same to them via first class, United States mail, postage prepaid, and addressed as follows:
Girard E. Rickards, Esquire
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
HANDLER, HENNING & ROSENBERG
By:
W. Scott
.R --)
CD _<