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Home My WebLink About04-2746ROBERT A. BROWN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 2004- CIVIL TERM RUBY M. KILE and CIVIL ACTION - LAW JON A. KINSEY, Defendants PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, Ruby M. Kile and Jon A. Kinsey, and enter my appearance on behalf of the plaintiff, Robert A. Brown. Please direct the Sheriff to serve the defendant as follows: Ruby M. Kile 335 Wesley Drive #304 Mechanicsburg, PA 17055 By: June 16,2004 Jon K. Kinsey 204 Fairview Road New Cumberland, PA 17070 Respectfully submitted, IRWIN & Marcus A c 'ht, llI, Esquire 60 West o et Sweet, Carlisle, PA 17013 (717) 2 9-2353 Supreme Court I.D. No: 25476 To: RUBY M. KILE and JON A. KINSEY You are hereby notified that Robert A. Brown, plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. PROTONOTARY DateJ„ t,vr.e . kp , 2004 By: 5(o ?.ttua ipel D a '1 VI ?. p ' -?'I ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW : NO. 2004-2746 CIVIL TERM RUBY M. KILE and JOHN A. KINSEY, . Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire of Forty, Ullman, Ullman and Forry, P.C. as counsel for Defendants Ruby M. Kile and John A. Kinsey in this case. RESPECTFULLY SUBMITTED, BY: John A. Sta.tler, Esg3ffe Attorney I.D. No. 43812 DATE: 612910Y 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct ropy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the Zcl day of J tM e- 2004, addressed to the following: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, FORRY, ULLMAN, ULLMAN & FORRY, P.C. By John A. Statler, Esquire Attorney I. D. No. 43812 2000 Linglestown Road Harrisburg, PA 17110 Telephone: (717),141-9257 Attorneys for Defendants rl n> CO liv v SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-02746 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BROWN ROBERT A VS KILE RUBY M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KILE RUBY M but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT KILE RUBY M 335 WESLEY DRIVE #304 MECHANICSBURG, PA 17055 SERVICE WAS ATTEMPTED AT BOTH 335 WESLEY DRIVE MECHANICSBURG AND 257 S PITT STREET CARLISLE. Sheriff's Costs: So answers: Docketing 18.00 Service 10.35 Not Found 5.00 R. Thomas jC?ine Surcharge 10.00 Sheriff of Cumberland County .00 43.35 MARCUS MCKNIGHT 07/06/2004 Sworn and subscribed to before me this i,eo day of djV Lf A.D. Prot o otary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02746 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWN ROBERT A VS KILE RUBY M ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: KINSLEY JON A but was unable to locate Her in his bailiwick He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 6th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 35.00 .00 60.00 07/06/2004 MARCUS MCKNIGHT So answers- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this yF day of 941D L( A.D. ,.,, ' Pro othonotary COUNTY OF YORK OFFICE OF THE SHERIFF S(R )176C9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ 2. COURT NUMBER Robert A. Brown - 04-9746 rivil -- 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/y Ruby M. Kile et al Writ of Summons SERE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Jon A. Kinsey 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP.. STATE AND ZIP CODE) AT 204 Fairview Road New Curriberland, PA 17070 U 1ST CLASS MAIL U POSTED U OTHER 7. INDICATE SERVICE' ? PERSONAL U PERSON IN CHARGE 9DEPUTIZE L IcrTL T Il nd NOW _ June 18 2021- I, SHERIFF OF UWCOUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute t ake return according to law. This deputization being made at the request and risk of the plaintiff. 18 SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Ctunberland out of County CUMBERLAND Please trail return of service to Cuariberland County Sheriff. Thank you. ADVANCE FEE PD BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy a attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs Sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / RIGINATOR and SIGNATURE 17013 115. 4 ELEP- r TUMELER 1 116-10- MARCUS MCKNIGHT, III 90 W. POMFRET ST, CARLISLE, P?, ?J LL $i7 Si 4 12, FII-6 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This. area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF Im I", 13. 1 acknowledge receipt of the arm or complaint as indicated above. 1:. AHRENS 114. DATE RECEIVED `I 6-2.1-04 15. Expiration/Hearing Date 7-16-04 16. HOW SERVED: PERSONAL ( ) RESIDENCE `P' POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER N) SEE REMARKS BELOW 17. ? I hereby cer0y and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) E AND TIT OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Retabonship to Defendant) 19 Of S rwce Time of Service 1 ?7; 451120 road ATTVAPTSI Date Time I Miles I Ind. I Date I Time I Miles I Im. I Dale (1 I Time I Miles I Int. I Date Time I Miles I Int. I Date Time I Miles I Int. 22. REMARKS: ll J-Qne- ?M,Sey n?? ?bq 23. Advance costs 124 Service Coats 125. N/ F 1 26. Mileage 127 slegel 28. Sub Total 129. Pound I Notary 131. Sur i I3?`. C\osntsl 33 ?s? elund '??eck No ??? 7 S nn (?S l//LyJ? ?X?? lr?v/1 7?y?? J J W 34. Foreign County Coats I 35. Advance Costs 36. Service Costs 37. Notary Celt 38. Maeage/Posta9NNot Found 39. Taal Costs 1 40. Costs Due or Refund 41. jM I RED and subscribed to erne this i $ 42. pf'U11i, 202 44.siprnalareof es. snenn Notarial Soel R---""1 ARV 48.Signal reofY DATE JerneB V, Vengreen, Notary Public County Shpin CRy of York, York County, PA GJILLIAP 7. IQS, ,1 2 - ?1 My Commission "'cites Mar 21, 2005 Q Signature of Foreign 49. DATE 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sherilys Office 4. BLUE - Sherdfs Once Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 FORRY, ULLMAN, ULLMAN & FORRY, P.C. 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant ROBERT A. BROWN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL ACTION -LAW RUBY M. KILE and JOHN A. KINSEY. Defendants NO. 2004-2746 CPAL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw my appearance for DEFENDANTS, Ruby M. Kile and John A. Kinsey, in the above-captioned matter. & FORRY, P.C. F ULLMANTE?JMIRZE By: JOHN A. S ATLERAttorney I.D. No. 43812 PRAECIPE FOR ENTRY OF APPEARAN E Kindly enter my appearance for DEFENDANTS, Ruby M. Kile and John A. Kinsey, in the above-case and designate 2000 Linglestown Road, Suite 301, Harrisburg, PA 17110 as the place where papers, process and notices may be served. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: - `ZZ W. 2 ? THOMAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 Telephone: (717) 441-9257 Email: twimmer@fuuflaw.com r DATE: Attorneys for Defendants n ? o 'T ` IV t0 J y l r i JC_7 t C- rQ7 j N C '? aoar a6'. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 ROBERT A. BROWN, Plaintiff VS. RUBY M. KILE and JOHN A. KINSEY, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2004-2746 CIVIL TERM JURY TRIAL'.DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter a Rule on the Plaintiff to file a Complaint within twenty (20) days from service of said Rule or suffer a judgment of non pros. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: ?>- X ii THOMAS A. WIMMER, ESQUIRE RULE AND NOW, this J day of , 2004, a Rule is entered on the Plaintiff to file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of non pros. Date: PROTHONOTARY v 7 CD C? ) y ? LxCJ J' - c h) 1' ROBERT A. BROWN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND, COUNTY, PENNSYLVANIA V. 2004-2746 CIVIL TERM RUBY M. KILE and CIVIL ACTION - LAW JON A. KINSEY, Defendants 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 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 ROBERT A. BROWN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-2746 CIVIL TERM RUBY M. KILE and CIVIL ACTION - LAW JON A. KINSEY, Defendants COMPLAINT AND NOW, this 2°d day of November 2004 comes the Plaintiff, ROBERT A. BROWN, by his attorneys, Irwin & McKnight, and makes the following Complaint against the defendants, RUBY M. KILE and JON A. KINSEY: 1. The Plaintiff is Robert A. Brown, an adult individual residing at 125 Porter Avenue, Post Office Box 999, Carlisle, Cumberland County, Pennsylvania 17103. 2. The Defendant, Ruby M. Kile, is an adult individual residing at 335 Wesley Drive, Apartment 304, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Defendant, Jon A. Kinsey, is an adult individuals residing at 294 Fairview Road, new Cumberland, Cumberland County, Pennsylvania, 17070. 4. On June 21, 2002, at approximately 10:57 a.m., the Plaintiff, Robert A. Brown, was travelling eastbound on East High Street in his 1996 GMC Jimmy and stopped for traffic. Several automobiles were stopped in front of him. The Plaintiff was stopped approximately in front of the McDonald's restaurant located in the 600 block of Bast High Street. 3 5. As the traffic began to move, but before Plaintiff was able to move his vehicle, it was struck from behind by a 1997 Pontiac Grand Am operated by Defendant, Ruby M. Kite, and owned by Defendant, Jon A. Kinsey. COUNTI PLAINTIFF v. DEFENDANT RUBY M. KILE 6. The averments of fact contained in paragraph one (1) through five (5) of the Complaint are incorporated herein by reference and are made a part of this Count. 7. The accident and injuries sustained by the Plaintiff were caused by the negligent, careless and reckless actions of the Defendant, Ruby M. Kite. The Defendant driver, Ruby M. Kite, was travelling in an unsafe manner and was the primary cause of the accident. 8. The collision occurred without warning due to the inattention of the Defendant, Ruby M. Kite. 9. The Defendant, Ruby M. Kite, 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 failed to stop for traffic waiting to move forward in her own lane of travel; d. She was looking to her right as she was operating her vehicle and was distracted. 4 10. The negligent actions of the Defendant, Ruby M. Kite, were the proximate cause of the injuries to the Plaintiff, Robert A. Brown. it. The Plaintiff, Robert A. Brown, suffered multiple injuries to neck and lower left back as a direct result of the accident. 12. The Plaintiff was treated for multiple injuries to his neck and lower left back as a result of the accident. 13. The Plaintiff seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures and permanent injuries sustained in the accident as well as compensation for future losses he will incur in these areas from the Defendant, Ruby M. Kite. 14. The Plaintiff seeks compensation for the medical expenses which he has incurred and may incur in the future to treat his injuries and any lost income: from his work which occurred or will occur as a result of the injuries he sustained in the accident. 15. The Plaintiff also seeks compensation for the serious and permanent injuries which he has sustained which has caused extensive pain and suffering. WHEREFORE, the Plaintiff, Robert A. Brown, requests compensation and punitive damages from the Defendants in the amount in excess of Twenty-Five Thousand and no/100 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. 5 COUNT II PLAINTIFF v. DEFENDANT JON A. KINSEY 16. The averments of fact contained in paragraph one (1) through fifteen (15) of the Complaint are incorporated herein by reference and are made a. part of this Count. 17. The accident and injuries sustained by the Plaintiff were caused by the negligent, careless and reckless actions of the Defendant, Jon A. Kinsey. The Defendant driver, Ruby M. Kile, was acting on behalf of Defendant, Jon A. Kinsey, as his agent. He is therefore liable for the negligent actions of Defendant, Ruby M. Kile, as she operated his vehicle. 18. The negligent actions of the Defendants were the proximate cause of the injuries to the Plaintiff, Robert A. Brown. 19. The Plaintiff seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures, medical expenses, and work loss since the date of the accident as well as compensation for future losses he will incur in these areas from the Defendants. 6 WHEREFORE, the Plaintiff, Robert A. Brown, requests compensation and punitive damages from the Defendants in the amount in excess of Twenty-Five Thousand and no/100 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & uire By: Mar A. ?fret?Street\ cighIII, Esq 60 Wes PoCarlisle, nsylvania 1713 (717) 249-23 Supreme Court I.D. No. '25476 Attorney for plaintiff Date: November 2, 2004 7 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. ROBERT A. BROWN Date: November 2, 2004 8 ROBERT A. BROWN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-2746 CIVIL TERM RUBY M. KILE and CIVIL ACTION - LAW JON A. KINSEY, 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: Thomas A. Wimmer, Esquire Forry, Ullman, Ullman & Forry, P.C. 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 IRWIN & cKNIG T By: Mar us A. McKnight, ]II, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 2, 2004 9 N (' _ GJ t. ?l ROBERT A. BROWN, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 2004-2746 CIVIL TERM RUBY M. KILE and JON A. KINSEY Defendants JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby STIPULATED and AGREED between counsel of record, by and on behalf of their respective clients, that the Complaint filed by the Plaintiff in the above- captioned matter shall be amended by deleting any claims for punitive damages from the Complaint. IRWIN & By: Micus A. c ght, III, Esquire Attorney I.D. No. 476 60 West Promfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: di HOB- MAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendants, Ruby M. Kile and Jon A. Kinsley N [j -i? ("7 uc> Cr ? R.? -? -n `?' ;- ? ?ti?' ` ? r'": :` ?I ?.a y.. - V': ?.1 ??_ FEB 0 2 2005 1z ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. CIVIL ACTION - LAW NO.2004-2746 CIVIL TERM RUBY M. KILE and JON A. KINSEY Defendants JURY TRIAL DEMANDED ORDER AND NOW this ff'day of _c, 2005, upon Stipulation of counsel of record, IT IS HEREBY ORDERED that the attached Stipulation of Counsel is hereby approved and all requests for punitive damages contained in Plaintiffs Complaint are hereby deleted and dismissed with prejudice. O? h?• O?. V BY THE COURT: ?? "r :: '> s:`;: `_ c>i- ;? t'„ .. e° L'?.i .y; ?', i1? j- 1:-- ?? ?.r k t, ?;.a FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 twimmer@fimflaw.com Attorneys for Defendants ROBERT A. BROWN, Plaintiff vs. RUBY M. KILE and JON A. KINSEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2004-2746 CIVIL TERM JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. ANSWER Defendants, Ruby M. Kile and Jon A. Kinsey, (hereinafter "Defendants") by and through their attorneys, Forty, Ullman, Ullman & Forty, P.C., answers the correspondingly numbered paragraphs of Plaintiffs Complaint as follows: 1. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 1, and strict proof of same is demanded. 2. Admitted in part; denied in part. It is admitted that Defendant, Ruby M. Kile, is an adult. The remaining allegations are denied. 3. Admitted in part; denied in part. It is admitted that Defendant, Jon A. Kinsey, is an adult. The remaining allegations are denied. 4. Admitted in part; denied in part. It is admitted that on June 21, 2002, Plaintiff was traveling on East High Street in Carlisle, Cumberland County, Pennsylvania. The remaining allegations are denied pursuant to Pa.R.C.R 1029(e). 5. Admitted in part; denied in part. It is admitted that Ruby M. Kile was operating a vehicle owned b} Jon A. Kinsey when it collided with Plaintiffs vehicle. The remaining allegations are den?ed pursuant to Pa.R.C.P. 1029(e). COUNTI PLAINTIFF v. DEFENDANT RUBY M. KILE 6. No answer required, other than incorporation by reference to Defendant, Ruby M. Kile's, responses to the corresponding paragraphs. 7-15. Denied pursuant to Pa.R.C.P. 1029(e). Defendants aver that they are not liable to the Plaintiff in any amount whatsoever and pra?s that the Complaint against them be dismissed and that they may be awarded costs of defense, in?luding attorney's fees, and that they may have such other and further relief as may be just and COUNT II PLAINTIFF v. DEFENDANT JON A KINSEY 16. No answer required, other than incorporation by reference to Defendant, Jon A. Kinsey's, responseslto the corresponding paragraphs. 17. Defendants deny that Ruby M. Kile was acting as the agent of Jon A. Kinsey. The remaining allegations are denied pursuant to Pa.R.C.P. 1029(e). 18-19. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants aver that they are not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against them be dismissed and that they may be awarded costs of defense, including attorney's fees, and that they may have such other and further relief as may be just and appropriate. NEW MATTER By way of t'urther answer and defense, Defendants aver the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 20. Plaintiff has failed to state a cause of action upon which relief can be granted. 21. Defendants were not negligent, reckless, or careless with respect to any conduct regarding the injuries and damages alleged by Plaintiff. 22. Any acts or omissions of Defendants alleged to constitute negligence were not substantial causes and did not result in the injuries or losses alleged by Plaintiff. 23. The injuries and damages allegedly sustained by Plaintiff were not proximately caused by Defendants. 24. The negligent acts or omissions of other individuals or entities may have constituted superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiff. 25. This action is barred or otherwise limited by the Motor Vehicle Financial Responsibility Law, Title 75 Pa. C. S. Section 1701 et sue., either as originally promulgated or as amended by Act No. 1990-6. Defendants plead this law and the amendments thereto as a complete or, in the alternative, partial defense to Plaintiffs civil action. 26. Any claim or request in this action for damages for delay pursuant to Rule 238 of the Pennsylvania Rules of Civil Procedure is in contravention to and barred by the United States and Pennsylvania Constitutions because: (a) the rule exceeds the rule-making authority granted to the judiciary by the Pennsylvania Constitution; (b) the rule violates the equal protection clauses of the United States and Pennsylvania Constitutions; (c) the rule violates the standards of due process guaranteed by the United States and Pennsylvania Constitutions; and (d) the rule violates the excessive fines clause of the United States Constitution. WHEREFORE, Defendants aver that they are not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against them be dismissed and that they may be awarded costs of defense, including attorney's fees, and that they may have such other and further relief as may be just and appropriate. FORRY, ULLMAN, ULLMAN & FORRY, P.C. G / r By: 41490 't T OMAS A. WIMMER, ESQUIRE Attorneys for Defendants VERIFICATION I, THOMAS A. WIMMER, ESQUIRE, having read and prepared the attached, hereby verifies that the foregoing pleading is the language of counsel and is based on information gathered by counsel in the pursuit of this action and information filed of record. I verify that I am authorized within my purview as counsel of record for Defendants to make this verification on behalf of Defendants that the signature of the Defendants to this pleading cannot be obtained within the time allowed for filing this pleading; and that the facts set forth in the forgoing pleading are based upon interviews and conversations with Defendants and are true and correct to the best of my information and belief. This verification is made pursuant to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities. FORRY, UULLMAN, ULLMAN & FORRY, P.C. By. - A14 t THOMAS A. WIMMER, ESQUIRE Date: March 16, 2005 FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 twimmer@fuuflaw.com Attorneys for Defendants ROBERT A. BROWN, Plaintiff VS. RUBY M. KILE and JON A. KINSEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2004-2746 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, THOMAS A, WIMMER, ESQUIRE, hereby certify that a copy of foregoing Answer with New Matter to Plaintiffs Complaint was mailed to counsel by first-class United States mail, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 1408 relating to falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: /-, k" TH MAS A. WIMMER, ESQUIRE Date: March 16, 2005 v? 4. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 twimmer@fuuflaw.com Attorneys for Defendants ROBERT A. BROWN, Plaintiff vs. RUBY M. KILE and JON A. KINSEY, Defendants IN THE COURT OF CC CUMBERLAND COUT CIVIL ACTION - LAW NO. 2004-2746 CIVIL JURY TRIAL PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of Jon A. Verification to the Answer with New Matter to Plaintiffs Complaint that 2005 in the above-captioned action. FORRY, ULLMAN, ULLMAN & By: ON PLEAS PENNA. for the attorney's filed on March 17, Y. P.C. THOMAS A. WIMMER, ESQUIRE Attorneys for Defendants VERIFICATION I, JON A KINSEY, do hereby verify that the foregoing Answer {with New Matter was prepared with the assistance and advice of counsel, upon whose advice I have relied; that the Answer with New Matter, subject to inadvertent or undiscovered errors, is b limited by the records and information still in existence, presently re discovered in the preparation of this Answer with New Matter and the defe language of the Answer with New Matter is that of counsel; that subject to herein, the averments of the Answer with New Matter are true and col knowledge, information and belief. I understand that false statements document are subject to the penalties of Title 18 Pa. C.S.A. Section 49 falsification to authorities. Date: 3-z3 Q• upon and therefore and thus far of this case; that the limitations set forth to the best of my in the foregoing relating to unswom JON FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney L D. No. 45294 2000 Linglestown Road Suite 301 Attorneys for Defendants Harrisburg, PA 17110 (717) 441-9257 twimmer@fuuflaw.com ROBERT A. BROWN, IN THE COURT OF COM ON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW vs. NO. 2004-2746 CIVIL TERM RUBY M. KILE and JON A. KINSEY, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, THOMAS A. WIMMER, ESQUIRE, hereby certify that a copy of foregoing Praecipe to Substitute Verification was mailed to counsel by first-class United State mail, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the pen lties of 18 Pa.C.S.A. Section 1408 relating to falsification to authorities. FORRY, ULLMAN, ULLMAN & FtpRRY, P.C. By: A. Date: April 1, 2005 - ?; ?. ,_ FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendants ROBERT A. BROWN, Plaintiff V. RUBY M. KILE and JOHN A. KINSEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2004-2746 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants, Ruby M. Kile and John A. Kinsey, certify that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoenas are sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, are attached to the Certificate; 3. No objection to the subpoenas has been received, and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Date: August 23, 2005 BY: A '!T/.W'- THOMAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 540 Court St., P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendants LAW OFFICES FORRY, ULLMAN, ULLMAN & FORRY, P.C. READING OFFICE 540 COURT STREET PO BOX 542 READING, PA 19603 (610) 777-5700 FAX (610) 777-2499 A. WIMMER EXTENSION : 103 EMAIL : twimmer@fuuRaw,com 2000 LINGLESTOWN ROAD SUITE 301 HARRISBURG, PA 17110 HARRISBURG OFFICE (717) 441-9257 FAX (717) 441-0814 NORR.ISTOWN OFFICE ONE MONTGOMERY PLAZA SUITE 900 NORRISTOWN, PA 19401 (610) 2787520 FAX (610) 2784530 BETHLEHEM OFFICE ONE BETHLEHEM PLAZA NEW & BROAD STREETS SUITE 400 BETHLEHEM, PA 18018 (610) 332-3400 FA7( (610) 332-WI August 1, 2005 Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Re: Robert A. Brown v. Kile and Kinsey No. 2746-2004 Civil Term; Cumberland County C.C.P. Our File No. 2021265 Dear Mr. McKnight: Enclosed please find a Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21. Should you agree to waive the twenty (20) day waiting period, kindly sign the enclosed Waiver and return it to me at your earliest convenience. Thank you for your attention to this matter. Very truly yours, FORRY, ULLMAN, ULLMAN & FORRY, P.C. Y By. AMMER, OMAS A. ESQUIRE TA W/jk Enclosures Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 FORRY, ULLMAN, ULLMAN & FORRY, P.C. 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com ROBERT A. BROWN, Plaintiff V. RUBY M. KILE and JOHN A. KINSEY, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2004-2746 CIVIL TERM JURY TRIAL DEMANDED Defendants, Ruby M. Kile and John A. Kinsey, intend to serve subpoenas identical to the subpoenas 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 subpoenas. If no objection is made, the subpoenas may be served. FORRY, ULLMAN, ULLMAN & FORRY, P.C. 7 Dated: August 1 , 2005 BY: THOMAS A. WIMMER, ESQUIRE Attorney I.D. No. 4:1294 2000 Linglestown Road Suite 301 Harrisburg, PA 17 [ 10 7171441-9257 Attorneys for Defendants Cm24ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, 2004-2746 CIVIL TERM Plaintiff File No.-- V. RUBY M. KILE and JOHN A. KINSEY, ' Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TFFINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Carlisle Hospital, 246 Parker Street, Carlisle, PA 17013. TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff; Robert A. Brown, (1).0 B.- 6103151; S.S.#: 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. at (Address) You may deliver oz 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 `he 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: TY,ZS SUBPOENA. WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: 11?ANI!~: Thomas A. Wimmer, Esquire ADDRESS: FbRR:y, V J LxF-N, 17LLMAN & For.Rl. P.:,. "OOQ l.xrvsx.¢s'nowx Rona RvaTE T-A FdnRneP,3' fG, T'A 171].0 TELEPII0I?E: (610)_777-5700 _ SUPREME COUR ID # 45294 ATTORNEY FOR: _ -- Tefendant Date:_ Seal of the Court' BY THE COURT: Prothonotary, Civil Division, Deputy "-. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, Plaintiff File No. 2004-2746 CIVIL TERM v RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Arun Kapoor, M.D., Blue Mountain Anesthesia Associates, P.O. Box 249, Green Castle, PA TO; 17225. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff; Robert A. Brown, (D.O.B.: 6/03151; S.S.#: 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance record Envn' es for treatment ce d .?.?.?nd?Br tient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. at Forty, Ullman, Ullman & Forty, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. (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 docurocnts 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 SUDPOE'NA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Thomas A. Wimmer, Esquire NAMM: _ ADDRESS: Lrorcr"n-, L'z.z:.as.<,r, tiJr.r ni n.m & Form, P.C. :1000 L?91:11r lro'ut1a fi.4pl, - 9O.i'PP 30l }1nr.RISBURG. FA 17110 TBLEPHONE: SUPREME COURT' 77-5760~ ATTORNEY FOR.: efendarn-- Date: Seal of the court, BY TEIE COURT: Prothonotary, Civil Division, Deputy - COMMONWEALTH OF PENNSYLVANLk COUNTY OF CUMBERLAND ROBERT A. BROWN, Plaintiff File No. 2004-2746 CIVIL TERM v. RUBY M. KILE and JOHN A. KINSEY,: Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TFBINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 David A. Dell, M.D., 101 South Ridge Road, Boiling Springs, PA 17007. TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6103/51: S.S.#: 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. - Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. at (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 SUSPOBNA VJP>S ISSUED AT THE R.EQ'UEST OF THE FOLLOWING PERSON: 1dAIV E: Thafflfts ire ADDP.ESS: _ Fnrrv, Uhr MAN. Lrr.s.KAr & orzax, P .C. LUOD Larv VLRNM1`GM rv F'.onn Bnrrr 301 H,wnm snvrzc. FA 17210 TELEPHONE: ?? __- suplzElvIE COURT IfxWo-)777-5 700-- ATTORNEY FOR: 45294 L)efendant BY THE COURT: Prothonotary, Civil Division. D ate: Seal of the Court' Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF (CUMBERLAND ROBERT A. BROWN, Plaintiff File No. 2004-2746 CIVIL TERM V. RUBY M. KILE and JOHN A. KINSEY,' Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS 01Z TIMINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Lancaster General Hospital, Attn: Records Custodian, 555 North Duke St., Lancaster, PA TO: 17602, (Name of Person or Entity) Witbin twenty (20) days after service of this subpoena, you are orde:;ed by the court to produce the following documents or things: Any and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6/03151; S.SA: 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records invn'r f 1 e * aer a?^-aftd>`b? afient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. _. (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 SUB POBNf. WAS ISSUED AT THE REQUEST OF THE FOLLOWa'TG PERSON: Thomas A. Wimmer, Esquire NAME: ADDRESS; P+ORRY' L'd LMAN. TI.LMAN d FORP.1, P.C. °000 LI. A'UL)t 9'1WWN R.OAL Evimb T-A HnRalerz VrzO. FA 14110 ' TELEPHONE: (610)777-5'700 SUPREME COURT 5-#'- 45294 ATTORNEY FOR: -'-Defendant J BY TI3E COURT: Prothonota.' --ry, Civil Division,. D at-: Deputy Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, Plaintiff File No. 2004-2746 CIVIL TERM V. RUBY M. KILE and JOHN A. KINSEY,: Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Walnut Bottom Radiology, 850 Walnut Bottom Rd., Carlisle, PA 17013. TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6/03/51; S.S.#: 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records, invoices f t- tment randered. Pa __a`. e tient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. at You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party maldng 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 parry serving this subpoena may reel; a court order campolling you to conxply witb it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWIlVG PERSON: NAME: Thomas A. Wimmer, Esquire ADDRESS: _ PORRY,, U)-LMAST. ULLMA.N &. JbORYi, I. C. 2000 Lxmui.nsa xsw,a Ro sllm. aoi Heltmi5xf vrzf'. F'A 19110 TELEPHONE: (610) 777-5700 SUPREME COURT D # 45294 ATTORNEY FOR: - Defendant BY TffE COURT: Pr?_ othonotary, Civil Division. Date: Seal of the Court' Deputy COMMONWEALTH OF PENNSYLVANLA COUNTY OF CUMBERLAND ROBERT A. BROWN, Plaintiff File No. 2004-2746 CIVIL TERM V. RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TfiINNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: Alexander Spring Rehabilitation, I Tyler Court, Carlisle, PA 17013. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff; Robert A. Brown, (D.O.B.: 6/03/51,_S,SA 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, tient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her uD to the present date. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. (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) day, aftu its service, the party serving this subpoena may seek a court order compelling you to comply with it. TITS SL7DPOENA WAS ISSUED .AT. THE REQUEST' OF THE FOLLOWIlVG PERSON: NANiB: Thomas A. Wimmer, Esquire ADDRESS:- FORRY, TTELIxe.v, T71.LXAr & FO=,, 1=.C. LINOL]t F`I`(1WN R.unn L000 BLSTR 301 EinrzR)ex VRC, F'A 17110 TELEPHONE: (610) 777-5700 _ SUPREh?[E COURT 11) 4 45294 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary, Civil Division, Date: Seal of the Court' ?„ Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, Plaintiff 2004-2746 CIVIL TERM File No. v. RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS ORTBINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Three Springs Family Practice, 303 North Baltimore Avneue, Mount Holly Springs, PA TO: 17065. (Name of Person or Entity) Within twenty (2o) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ?kny and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6103151; S.S.#: 175-40- 3355) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records, invoice r tr ae tment d a.+ +'-.ay mnaie tient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O.:Box 542, Reading, PA 19603. at _ (Address) You may deliver or mail legible copies of the documents or produce things requested by his subpoena, together with the certificate of compliance, to the parry 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 vdtb it. T9IS SLuPOENA WAS ISSUER AT T-tIE P,EQUEST OF IT3F FOLLOWING PERSON Thomas A. Wimmer, Esquire 1 SAIvIE: _ ADDRESS: Y?"ORRS', UT LMf..n. Ur.r.:nzA.n & F'orzr..i, P.C. noon LNOO.xsxow,u xonn RrprTID 301 £Li+u.isxva G. F'A 19110 TELEPHONE: (610) 777-5900 STJPREME COURT lb ?` 45233 ATTORNEYFOR:_ -?efendnt Date:, _ Seal of the Court` BY THE COURT: Prothonotary, Civil Division. _._,_ Deputy J COMMONWEALTIi OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, Plaintiff File No. 2004-2746 CIVIL TERM V. RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TBINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Jack Shilling, M.D., 306 North 7°i Street, Columbia, PA 17512. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff; Robert A. Brown, (D.O.B.: 6/03/51; S.S.#: 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, a i bent questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St„ P.O. Box 542, Reading, PA 19603 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together adth the certificate of compliance, to the party malcing 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 requircd by this subpoena within twenty (20) days afni-its service, the parry serving- this subpoena may seek a court order compelling you to comply with it THIS STJBPOENA VITAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas A. Wimmer, Esquire ADDRESS: _ F02RY, Ur 1-MAN. ULLMAN & tTOEEy,, P.G. 11000 Lmoiooaee+wrv &,uxn 91111. 301 I3 AR 2921URC, PA 17110 TELEPHONE: 1610) 777-5700 SUPRENIE COURT ID 45294 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary, Civil Division. Date: Seal of the Court' Deputy COMMONWEALTH OF PENNSYLVANA COUNTY OF CUNMERLAND ROBERT A. BROWN, Plaintiff File No. 2004-2746 CIVIL TERM v. RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS ORTIIINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Prudential Financial Insurance Company, 34 South Broad St., Lititz, PA 17543. TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6103151; S.S.#: 175-40- d, am s irs par y ene tts de, insurance records, handwritten notes, claims logs, charts, explanations of benefits, invoices for treatment rendered, medical records, rnrresnonrlenrr_m?ectinn e-daeuetenf: the beginning of your association with him up to the present date (Policy No.: 288A135420) orry, an, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. at (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 malting this request at the address listed above, You have the right to seek in advance the reasonable cost of preparssg the copies or producing the things sought, If you fail to produce the documents or tbings 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 wilh it, TIES SUBPOENA. WAS ISSUED AT TIM P3QUEST OF = FOL T 0W?TG PERSON: ;niAIt?: m.? re :luDPESS: I• `..lE ltl, TJLLMAN, UI,LAIAIJN & RORP2 ' P,C. S<aoo t,rrvcr,nsrown H.ucn svrmF Spl bdn.a,U no,vxc. RA 171] 0 TELEPHONE: ??5610 777-5700 45294 SUPREME C0TjRT ID '# ATTORNEY FOR: Defendant BY THE COURT: Prothonotary, Civil Division. Seal of the Court' Deputy COMMONWEALTH OF PENNSYLVANLk COUNTY OF CUMBERLAND ROBERT A. BROWN, Plaintiff F2--No. 2004-2746 CIVIL TEF2--No. _ V. RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TBINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 O & S Trucking, Attn: Human Resources, 3769 E. Evergreen, Springfield, MI 65803. TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all records, including but not limited to wage information, applications for employment, r ?p mart' reviews or actions, unemployment or workers' compensation claims, litigation and periods and amounts of benefits paid from earliest record to the present of ROBERT A BROWN (D n u ?mziai • c c - an, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. at _ (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 malting 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. Ir you fail to produce the documents or tlvngs required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a IoOu t order compelling you to comply with it. THIS SUBPOENA Wp S ISSUED AT TEE REQUEST OF THE FOLLOWDZG PERSON: Thomas A. Wimmer, Esquire 2" A 4E: ADDRESS: _ A`ol=F;x, Ura-MAN, ULs K: N el 1TOrsr, P.C, ;:aoo LiNOr,seaowN Form LL9v, m 901 (610)iiZ,7,&dG. PA 1713.0 TELEPHONE: 45294 SUPRMQE COUR U # Defendant ATTORNEY FOR: BY THE COURT: Prothonotary, Civil Division. Date:_ _ -- Seal ofthe Court Deputy Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 FORRY, ULLMAN, ULLMAN & FORRY, P.C. 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendants ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. CIVIL ACTION -- LAW V. NO. 2004-2746 CIVIL TERM RUBY M. KILE and JOHN A. KINSEY, JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, THOMAS A. WIMMER, ESQUIRE, and FORRY, ULLMAN, ULLMAN & FORRY, P.C., attorneys for Defendants, Ruby M. Kilc and John A. Kinsey, certify that on August 1 , 2005, the foregoing Notice of Intent, was served upon the following by first class mail, postage prepaid, at the following address: Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT West Pomfret Professional Building 60 West Pomfret Street Carlisle. PA 17013-3222 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. DATE: August ; 2005 BY:zt4 l THOMAS A. WIMMER, ESQUIRE FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendants ROBERT A. BROWN, Plaintiff V. RUBY M. KILE and JOHN A. KINSEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2004-2746 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Thomas A. Wimmer, Esquire, and Forty, Ullman, Ullman & Forty, P.C., hereby certifies that a copy of the Certificate Prerequisite to Service of Subpoenas, Cumberland County Subpoenas to Produce Documents and Things, and Notice of Intent was mailed by first-class mail, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to falsification to authorities. 7 DATE: August 23, 2005 BY: 1/011- THOMAS A. A. WIMMER, ESQUIRE c, O o -n 71 c N C-, -_ r"> 71 1 L} lL1 Iyj Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 FORRY ULLMAN 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@forryullman.com Attorneys for Defendants ROBERT A. BROWN, Plaintiff V. RUBY M. KILE and JOHN A. KINSEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2004-2746 CIVIL TERM JURY TRIAL DEMANDED Defendants, Ruby M. Kile and John A. Kinsey, intend to serve subpoenas identical to the subpoenas 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 subpoenas. If no objection is made, the subpoenas may be served. Dated: May s, 2006 BY: WIMMER, ESQUIRE Attorney I.D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 717/441-9257 Attorneys for Defendants FORRY ULLMAN l/11YCl7 ?yy-- MAS A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, 2004-2746 CIVIL TERM Plaintiff File No. V. RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6/03/51; S.S.#: 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records, invoices for treatment r nder..d di MI77 r -•- or d--n?-- ratient te questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. at Forry Ullman, 540 Court St., P.O. Box 542, Reading, PA 19603. (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: Thomas A. Wimm r Esquire ADDRESS: FORAY ULLMAN 2000 LC .... Tp R"' Ha mu 301 RAxwentrna. PA 17110 TELEPHONE: (610) 777-5700 SUPREME COURT # ATTORNEYFOR: -"4 294 -Dtfendant- Date:_ Seal of the Court' BY THE COURT: Prothonotary, Civil Division. ?'?Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, 20042746 CIVIL TERM Plaintiff File No. V. RUBY M. KILE and JOHN A. KINSEY,: Defendants JURY TRIAL DEMANDED SUBPOENA. TO PRODUCE DOCUMENTS OR TRIGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Belvedere Medical Corp. 850 Walnut Bottom Road Carlisle. PA 17013-3698, (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6/03/51; S.S.#: 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. at Forry Ullman, 540 Court St., P.O.. Box 542, Reading, PA 1%03. (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: Thomas A. Wimmer, Esquire NAME: ADDRESS:- FORRY IILLMAN 5000 LING, STOWF ROAD ?Epuli . 301 610 _ 66 PA 17110 TBLEPI SUPREME C M C?- 4M"- ATTORNEYFOR; OURT ID #_nefend.nt BY TUE COURT: Prothonotary, Civil Division-, Date: Seal of the Court• ?-Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, 2004-2746 CIVIL TERM Plaintiff File No. V. RUBY M. KILE and JOHN A. KINSEY,: Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TffiNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Central Penn Management Group, P.O. Box 619, East Petersburg. PA 17520-0619. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ,Any and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6/03/511 S.S.#: 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records. invoice for treatment rendered- x my and/ a,rui rt a Al tient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. at Forry Ullman, 540 Court St., P.O. Box 542, Reading, PA 19603. 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 requited 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:- TbomasA Wimmer squire ADDRESS: _ N01 1' TJLLMAN 2000I+lAH)iBHTOWH $UAD emmn 301 HARHYHH VRH. PA 17110 TELEPHONE: SUPREME COUR X77-57110 ATTORNEY FOR: -5294 ;»fendaaE BY THE COURT: Prothonotary, Civil Division- Date: _ Seal of the Court ' ?-De_puty COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUNMERLAND ROBERT A. BROWN, Bile No. 20042746 CIVIL TERM Plaintiff .. V. RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED SUBPOENA; TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: John Barry & Associates Inc 216 LePhillip Court Concord NC 2RMS-794W (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6103/51; S.S.#: 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, nonce records, iuvoirwa for tr iment rpnd fl ,11 Mlar P a fiim"atient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. Forry Ullman, 540 Court St., P.O. Boa 542, Reading, PA 1%03. at (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 afterits 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 TEB FOLLOWING PERSON: Thomas A. Wimmer, Esquire NAME: ADDRESS: _ ForzuY ULZ. 4AN' 20001.] ...2bpfl 1?UA? 5..902 FIARMS8 UR6 PA 17110 TELEPHONE: SUPREME COURT ID 77757th 5294 ATTORNEY FOR -' BY THE COURT: Prothonotary, Civil Division. Date:_ r Seal of the Court' Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, 2004-2746 CIVIL TERM Plaintiff File No. V. RUBY M. KILE and JOHN A. KINSEY,: Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TFIINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Andorra Radiology Associates P.C., P.O. Box 892, Concordville PA 19331. (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: h1ff, :011.: 670751;S.S.11: 175 Brown, (D -40- A. 335 including. but not limited to medical menrdg,hnndwritt r tat ..uo, correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the beginning of your 9 P Forry Ullman, 540 Court St., P.O.. Box 542, Reading, PA 19603. at (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 parry 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: Thomas A. Wimmer, Esquire NAME: ADDRESS: FORRY ULLMAN 20001,M0L 8MWN ROAD BOITL 901 (6108 PA 1711D TELEPHONE: u SUPREME COURT i5_#_ efendsot- ATTORNEYFOR.- BY BY THE COURT: Prothonotary, Civil Division.. Date: Seal of the Court' Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, File No. 20042746 CIVIL TERM Plaintiff -• V. RUBY M. KILE and JOHN A. KINSEY,: Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THIlNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Blue race 61 PPO 2500 Flmerton Ave Camp Hill, PA 17116 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6/03/51; S.S.#: 175-40- 3358) including, but not limited to insurance records, handwritten notes, claims logs, charts, questionnaires and any other insurance documentation regarding Plaintiff from the beginning of your association with him up to the present date (Group Name: Schlosser Edter rises, Policy Group at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. (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: T6n...n, A an. F quire ADDRESS:. POPMV U1,1MAN 2000 L[mar xnmown ROwn BWTE 301 RwRR,ea VAC. PA 17110 TELEPHONE: (610) 777-5700 SUPREME COURT # ATTORNEY FOR -?efen` ad nE BY THE COURT: Prothonotary, Civil Division, Date:. Seal of the Court' `Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, File No. 2004-2746 CIVIL TERM Plaintiff .. V. RUBY M. KILE and JOHN A. KINSEY,: Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:. Cambridge Integrated Services Grouo Inc P.O. Box H Whippany NJ 079at (Name of person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all worker's compensation records regarding Plaintiff, Robert A. Brown, (D.O.B.: 6103151; S.S.#: 175-40-3358) including, but not limited to wage information, applications for worker's emm?ensation and employment annrnvalq, di 1 tH 1 a 44ation proceedings, amounts of benefits paid, invoices received, and ANY and ALL records in your possession from the earliest to the present of Robert A. Brown (DOB: 6)31$1; SSN: 175-40-3358) Forry Ullman, 540 Court St., P.O. Box 542, Reading, PA 19603. at (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 Thnma A W*Mmpr- Faquire ADDRESS: _ HbRAY ULLMAN' 2000 Zdaai.eea'Owfl ROwn S..301 FTwaa[eava6. F•A 1]110 TELEPHONE: (610) 777-5700 SUPREME COURT #i-45294 ATTORNEY FOR: - -Befend*nt - Date:_ . Seal __ of the Court' " - BY THE COURT: Prothonotary, Civil Division. ?- i)? uty COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, 2004-2746 CIVIL TERM Plaintiff File No. v. RUBY M. KILE and JOHN A. KINSEY,: Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: The Fireman's Fund I (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all worker's compensation records regarding Plaintiff, Robert A. Brown, (D.O.B.: 6103151; S.S.#: 175-40-3358) including, but not limited to wage information, applications for worker's _compensation and employment, approvals disappmvals, meth t r nrds race- _: !1_*'aation proceedings, amounts 'of benefits paid, invoices received, and ANY and ALL records in your possession from the earliest to the present of Robert A. Brown (DOB: 613/51; SSN: 175-40-3358) at Forry Ullman, 540 Court St., P.O.. Boa 542, Reading, PA 19603. (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: NANIE: Thomas A. Wimmer. Esquire ADDRESS: _ FOR y ULI b AN 2000 L[NOyID®arowN F[OwD S.S .903 (610)777- PA ivxio TELEPHONE: SUPREME COURT # 45294 ATTORNEY FOR: efoodamt` Date:_ Seal _ _ of the Court BY THE COURT: Prothonotary, Civil Division.. 'Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, 2004-2746 CIVIL TERM Plaintiff File No. V. RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: _ Bureau of Worker's Compensation Fund 1171 South Cameron St Harrisburg. PA 17101. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all worker's compensation records regarding Plaintiff, Robert A. Brown, (D.O.B.: 6/03151; S.S.#: 175-40-3358) including, but not limited to wage information, applications for worker's compensation and employment approvals. diaapprnyals, medical ra n deg caze_• q, Irrigation proceedings, amounts of benefits paid, invoices received, and ANY and ALL records in your possession from the earliest to the present of Robert A. Brown (DOB: 613151; SSN: 175-40-3358) at Forty Ullman, 540 Court St., P.O. Box 542, Reading, PA 19603. (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 maldng 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: Thomas A. Wimmer. Esquire ADDRESS: FORRY ULLMAN 2000 L,goLRUmpwg Rown S.I .Sol Rwnueunrz0. PA 17110 TELEPHONE: (610) 777-5700 SUPREME COURT ]Y# _45294 ATTORNEYFOR: -- Defendant BY THE COURT: Prothonotary, Civil Division - Date:_ Seal of the Court' Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, File No. 2004-2746 CIVIL TERM Plaintiff -• v. ' RUBY M. KILE and JOHN A. KINSEY,: Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 J J Campbell, M.D., F.A.C.S., 800 Poplar Church Rd., Camp Hill, PA 17011. TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ,Any and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6/03/51; S.S.#: 17540- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRt_ reports and flnpatient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. at Forry Ullman, 540 Court St., P.O. Box 542, Reading, PA 1%03. (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: Thomas A. Wimmer, Esquire NAME: ADDRESS: _ FOx y ULLXx 2000 L[NULR®TOgP HUAD ft,9. 901 (610f'/9° -" TA 17110 TELEPHONE: + - 45M SUPREME COURT ID # .Defendant ATTORNEY FOR: BY THE COURT: Prothonotary, Civil Division. Date:_ _ _ _ Seal of the Court' Deputy COMMONWEAL'T'H OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT A. BROWN, File No. 2004-2746 CIVIL TERM Plaintiff V. RUBY M. KILE and JOHN A. KINSEY,: Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Appalachian Orthopedic 1 Dunwoody Drive Carlisle. PA 17013, (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documentation regarding Plaintiff, Robert A. Brown, (D.O.B.: 6/03/51; S.S.#: 175-40- 3358) including, but not limited to medical records, handwritten notes, test results, correspondence, insurence re+nrds- invoices for treatment rendered y di BUT r ?.. e,.a r•l -, r patient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. Forry Ullman, 540 Court St., P.O. Box 542, Reading, PA 19603. at (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 Th A Wi E ADDRESS: _ omas . mm r squire abR$Y VLLMAN 2000L XGRSWN ROAD 8GIr6 301 FSAR81ebUR C. PA 17130 TELEPHONE: (610) 777-5700 SUPREME COURT7jN-# 45M ATTORNEYFOR weft°d°°t- BY TEE COURT: Prothonotary, Civil Division. Date: Seal of the Court Deputy Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 FORRY ULLMAN 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@forryullman.com ROBERT A. BROWN, Plaintiff V. RUBY M. KILE and JOHN A. KINSEY, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAIN NO. 2004-2746 CIVIL TERM JURY TRIAL DEMANDED I, THOMAS A. WIMMER, ESQUIRE, and FORRY, ULLMAN, ULLMAN & FORRY, P.C., attorneys for Defendants, Ruby M. Kile and John A. Kinsey, certify that on May g 2006, the foregoing Notice of Intent, was served upon the following by first class mail, postage prepaid, at the following address: Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. DATE: May -41 2006 BY: zir THOMAS A. WIMMER, ESQUIRE a r. LJ?, ?' ? tS T r z" -, = .. X7 r, FORRY ULLMAN Thomas A. Wimmer, Esquire Attorney I.D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 / Attorney for Defendants ROBERT A. BROWN, Plaintiff V. RUBY M. KILE, and JON A. KINSEY Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW NO. 2004-2746 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF DEATH The death of Defendant, Ruby M. Kile, a party to the above action, during the pendancy of this action is noted upon the record. FORRY ULLMAN BY: T MAS A. WIMMER, ESQUIRE FORRY ULLMAN 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Attorneys for Decedent, Ruby M. Kile and DATE: January 25, 2008 Defendant Jon A. Kinsey • FORRY ULLMAN Thomas A. Wimmer, Esquire Attorney I.D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorney for Defendants ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. CIVIL ACTION -LAW NO. 2004-2746 CIVIL TERM RUBY M. KILE and JON A. KINSEY Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BETH MYERS, hereby certify that a true and correct copy of the foregoing Notice of Death was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to falsification to authorities. FORRY ULLMAN BY BETH MYERS Date: P-' PA -V ig-T rn aim 3 ?a .r aC? ? t 0. FORRY ULLMAN Thomas A. Wimmer, Esquire Attorney I.D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 / Attorney for Defendants ROBERT A. BROWN, Plaintiff V. RUBY M. KILE and JON A. KINSEY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : CIVIL ACTION -LAW : NO. 2004-2746 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION OF SUCCESSOR TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 2352(a), kindly substitute Wendy Hoffman, Administratrix of the Estate of Ruby M. Kile, for Ruby M. Kile, deceased. FORRY ULLMAN By: TH S A. WIMMER, ESQUIRE FORRY ULLMAN 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Attorneys for Decedent, Ruby M. Kile and DATE: January 25, 2008 Defendant Jon A. Kinsey FORRY ULLMAN Thomas A. Wimmer, Esquire Attorney I.D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257/ Attorney for Defendants • ROBERT A. BROWN, Plaintiff V. RUBY M. KILE and JON A. KINSEY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : CIVIL ACTION -LAW NO. 2004-2746 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BETH MYERS, hereby certify that a true and correct copy of the foregoing Praecipe for Substitution was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to falsification to authorities. FORRY ULLMAN BY: BETH MYERS ?Z' Date: D Q PA cn SUBPOENA RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Brown VS. Kile Page 2 of 3 Court of Common Pleas Case Number: Cumberland #2004- 2746 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg 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: 11/18/2008 Litigation Solutions, LLC on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg Attorney for the Defense CC: Thomas Wimmer, Esquire Forry Ullman - Harrisburg 2000 Linglestown Road Suite 301 Harrisburg PA 17110 http://rats.litsol.comlratseventslsubpoena_records.asp?WRid=WR36959&PLid=PL28931... 11/18/2008 SUBPOENA NOTICE OF INTENT PENNSYUV'ANIA,000RT OF COMMON PLEAS COUNTY OF CUMBERLAND Brown VS. Kile Court of Common Pleas Cumberland #2004-2746 Pagel of 3 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Penn State Milton S. Hershey Medical Center Penn State Milton S. Hershey TO: Marcus A. McKnight, Esquire note: please see enclosed list of all other interested counsel Medical Radiology Litigation Solutions, LLC ('LSLLC') on behalf of Thomas Wimmer, 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. Date of Issue: 11/12/2008 CC: Thomas Wimmer, Esquire - Court of Common Pleas If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Thomas Wimmer, Esquire Defense http://rats.litsol.com/ratsevents/notice-of intent.asp?save_report to_db=X&PLid=PL289... 11/12/2008 SUBPOENA NOTICE OF INTENT COUNSEL LISTING FOR BROWN VS. KILE Page 2 of 3 County of Cumberland Court of Common Pleas Counsel Firm Counsel Type McKnight, Esquire, Marcus A. 60 West Pomfret Street Carlisle PA 17013 Opposing Counsel http://rats.litsol.com/ratsevents/notice-of intent.asp?save_report_to_db=X&PLid=PL289... 11/12/2008 Brown vs. Kile COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. Cumberland #2004-2746 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Milton S. Hershey (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: PLEASE SEE.ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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: Thomas Wimmer, Esquire ADDRESS: 2000 Linalestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID# 4 5 2 9 4 ATTORNEY FOR: Defense Date: eal of the Court BY THE COURT: Prothonotary, Civil Division l Deputy C/ SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Penn State Milton S. Hershey 500 University Drive--Radiology MCH066 PO Box 850 Hershey PA 17033 Attention: Radiology Films Library Subject: Brown, Robert A. SS#: 175-40-3358 Date of Birth: 6/3/1951 Page 1 of 1 Requested Items: Please remit: Complete copy of any and all diagnostic films and film lists from 6/3/1951 to Present, including X-Rays, MRI, and CT scans. http://rats.litsol.comlratseventslsubpoena_rider.asp?PLid=PL289316&WRid=WR36959 11/12/2008 Brown VS. Kile COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cumberland #2004-2746 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Milton S. Hershey Medical Center (Name of Person of Entity) _ Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ,PLEASE SEE.ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (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 TEE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID# 4 5 2 9 4 ATTORNEY FOR: Defense Date: eal of the Court BY THE COURT: SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Penn State Milton S. Hershey Medical Center 500 University Drive PO Box 850 Hershey PA 17033 Attention: Medical Records Correspondence Subject: Brown, Robert A. SS#: 175-40-3358 Date of Birth: 6/3/1951 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 6/3/1951 to Present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.comlratseventslsubpoena_rider.asp?PLid=PL289313&WRid=WR36959 11/12/2008 n -= ". F n CJ1 W y ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. CIVIL ACTION - LAW NO. 2004-2746 CIVIL TERM RUBY M. KILE and JON A. KINSEY Defendants JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby STIPULATED and AGREED between counsel of record, by and on behalf of their respective clients, that all of Plaintiff's claims against Defendant, Jon A. Kinsey, are hereby dismissed with prejudice, and that the Caption in the above-captioned matter shall be amended by deleting his name from any subsequent pleadings. IRWIN & McKNIGHT By: M us A g Attorne I. o. 25476 60 We Pro et Street Carlisle, PA 17013--TM for Plaintiff FORRY ULLMAN By: ?iiu«l T OMAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendants, Ruby M. Kile and Jon A. Kinsley FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Attorneys for Defendants (717) 441-9257 ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW V. RUBY M. KILE and JOHN A. KINSEY, N0.2004-2746 CIVIL TERM Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Beth Myers, of Forry, Ullman, Ullman & Forry, P.C., hereby certify that a copy of the Stipulation of Counsel was mailed to counsel on the date stated below, by first- class United States mail, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 1408 relating to falsification to authorities. BY: BETH MYER , P LEGAL Dated: November 20, 2008 ??' ?? G? ?? r? -yl r.?Y? _? -... ? f ? ? , `j ?, ,? w _. ? Y - r - ?' NOV 2 42008 4 ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. CIVIL ACTION -LAW NO. 2004-2746 CIVIL TERM RUBY M. KILE and JON A. KINSEY Defendants JURY TRIAL DEMANDED ORDER AND NOW this 1? day of W bq , 2008, upon Stipulation of counsel of record, IT IS HEREBY ORDERED that the attached Stipulation of Counsel is hereby approved and all claims against defendant, Jon A. Kinsey, are hereby dismissed with prejudice, and his name may be removed from the Caption of this case in any subsequent pleadings. BY THE COURT: J. ? ?: ?? ? ? .? ?F' ?. ^?? V °Q. t ?,,?,r .. '.J 1 ? . . rti?. n'"9 ? C'{„fiV James R. Forry, Esquire Attorney ID #36003 FORRY ULLMAN 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: jrforry@forryullman.com Attorneys for Defendants ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW V. NO. 2004-2746 CIVIL TERM RUBY M. KILE and JOHN A. KINSEY, JURY TRIAL DEMANDED Defendants Defendants, Ruby M. Kile and John A. Kinsey, intend to serve subpoenas identical to the subpoenas 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 subpoenas. If no objection is made, the subpoenas may be served. FORRY ULLMAN Dated: BY: JAM JO zR Y, ZES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Brown, Plaintiff V. Ruby M. Kile & Jon A. Kinsey File No. No. 2004-2746 Civil Defendants SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Appalachian Orthopedic Center, Ltd., 1 Dunwoody Dr., Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all spine (cervical, thoracic, lumbar and sacral) and right shoulder diagnostic films regarding PInintiff, Rohert A. Brown, D.O.B.: 6/03/51; S.S.#: 175-40-3358 including, but not limited to actual films and/or compact discs of actual films, including x-ray, CAT scans, and/or MRI its in our possession regarding Plaintiff from the beginning of your association with him up to the present date. at Forr , Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. (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 James R. Forry, Esquire FORRY ULLMAN Address: 2000 Linglestown Road Ste. 301 _ Harrisburg, PA 17110 Telephone: 717-441-9257 Supreme Court ID # 360n3 Attorney For: Defendants cc: Marcus A. McKnight, III, Esquire Date: Seal of the Court BY THE WURT: Prothonotary/Ci6,p '?tDj' Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Brown, Plaintiff V. Ruby M. Kile & Jon A. Kinsey File No. No. 2004-2746 Civil Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Carlisle Regional Medical Center, 361 Alexander Spring Rd, Carlisle, PA 17013. TO: Attne Candy 4 Medical Records (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documentt y taridgail spine (cervical, thoracic, lumbar and sacral) and right shoulder diagnostic films regarding Plaintiff, Robert A. Brown, (D.O.B.: 6/03/51; S.S.#: 175-40-3358) including, but not limited to actual films and/or compact iscs o ac ua , ms, in x-ray , films with all reports in your possession regarding Plaintiff from the beginning of your association with him up tot the present a e. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. (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 James R. Forry, Esquire FORRY ULLMAN Address:- 2000 Linglestown Road Ste. 301 Harrisburg, PA 17110 Telephone: 717-441-9257 Supreme Court ID # qr1nn3 Attorney For: Defendants Date cc: Marcus A. McKnight, III, Esquire eal of the oBY THE URT: ? Prothonotary/Clerk, Ci ision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Brown, Plaintiff V. Ruby M. Kile & Jon A. Kinsey File No. No. 2004-2746 Civil Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Lancaster General Hospital, 555 N. Duke Street, PO Box 3555, Lancaster, PA 17604 . (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all spine (cervical, thoracic, lumbar and sacral) and right shoulder diagnostic films Fegar-ding riaintiff Robert A. Brown, D.O.B.: 6/03/51• S.S.#: 175-40-3358) including, but not limited to actual films and/or compact discs of actual films, including x-ray, CAT scans, an or ------------- our possession regarding Plaintiff from the beginning of your association with him up to the present date. at Forr Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. (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 James R. Forry, Esquire FORRY ULLMAN Address: 2000 Linglestown Road Ste. 301 Harrisburg, PA 17110 Telephone: 717-441-9257 Supreme Court ID # 3 6 013 3 Attorney For: Defendants cc: Marcus A. McKnight, III, Esquire Date Seal of the Court BY THE C URT: Prothonotary/Clerk, ivision t ..) n Deputy (Eff. 7/97) James R. Forry, Esquire Attorney ID #36003 FORRY ULLMAN 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: jrforry@forryullman.com ROBERT A. BROWN, Plaintiff V. RUBY M. KILE and JOHN A. KINSEY, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2004-2746 CIVIL TERM JURY TRIAL DEMANDED I, JAMES R. FORRY, ESQUIRE, and FORRY ULLMAN, attorneys for Defendants, Ruby M. Kile and John A. Kinsey, certify that the foregoing Notice of Intent, was served upon the following by first class mail, postage prepaid, at the following address: Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. DATE: (k 6--l 1? JAMES R. FORRY, ESQUIRE BY: FIL E` 'fli 71 ir P! 20,9 30 p[I 1 ? L ctf' ! F i, James R. Forry, Esquire Attorney ID #36003 FORRY ULLMAN 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: jrforry@forryullman.com OF T?E PP10?TK*0TMy 2010 JAN -6 PM 1:4o FEtr'NStVM!A Attorneys for Defendants ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW V. NO. 2004-2746 CIVIL TERM RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22, Defendants, Ruby M. Kile and John A. Kinsey, certify that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas are sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, are attached to the Certificate; 3. No objection to the subpoena has been received; and 4. The subpoenas, which will be served, are identical to the subpoenas, which are attached to the Notice of Intent to Serve Subpoenas. Date: 6 h 141 FORRY ULLMAN James R. Forry, Esquire ' ' r Attorney ID #36003 w n FORRY ULLMAN ° 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 = c- Telephone: (717) 441-9257 co Fax: (717) 441-0814 E-mail: jrforry@forryullman.com Attorneys for Defendants ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW V. NO. 2004-2746 CIVIL TERM RUBY M. KILE and JOHN A. KINSEY, JURY TRIAL DEMANDED Defendants Defendants, Ruby M. Kile and John A. Kinsey, intend to serve subpoenas identical to the subpoenas 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 subpoenas. If no objection is made, the subpoenas maybe served. FORRY ULLMAN Dated: 1 l ?,? (a9 BY. s;?t J ORRY, ESQUIRE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Brown, Plaintiff V. Ruby M. Kile & Jon A. Kinsey File No. No. 2004-2746 Civil Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Appalachian Orthopedic Center, Ltd., 1 Dunwoody Dr., Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all spine (cervical, thoracic, lumbar and sacral) and right shoulder diagnostic films rggarAina Pala-infiff Rahert A Brown (DOB.: 6/03/51; S.S.#: 17540-3358) including, but not limited to actual films and/or compact discs of actual films, including x-ray, CAT scans, and/or MIt1 films with all reports in your possession regarding Plaintiff from the beginning of your association with him up to the present date. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. (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 reasontkble 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 James R. Forry, Esquire FORRY ULLMAN Address: 2000 Linglestown Road Ste. 301 Harrisburg, PA 17110 Telephone: 717-441-9257 Supreme Court ID # 36D0.3 Attorney For: Defendants BY THE COURT: cc: Marcus A. McKnight, III, Esquire Date: maat o_?q Seal of the Court Prothonotary/Clerk-?fv?r'( Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Brown, Plaintiff V. Ruby M. Kile & Jon A. Kinsey File No. No. 2004-2746 Civil Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Carlisle Regional Medical Center, 361 Alexander Spring Rd, Carlisle, PA 17013. TO: Attn- Sandy na Medical Records (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documentor t ni?gall spine (cervical, thoracic, lumbar and sacral) and right shoulder diagnostic films regarding Plaintiff, Robert A. Brown, (D.O.B.: 6/03/51; S.S.#: 17540-3358) including, but not limited to actual films an or compac iscs o ac ua ms, - , films with all reports in your possession regarding Plaintiff from the beginning of your association with him up tot the present date. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. (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 James R. Forry, Esquire FORRY ULLMAN Address: 2000 Linglestown Road Ste. 301 Harrisburg, PA 17110 Telephone: 717-441-9257 Supreme Court ID # -36003 Attorney For: Defendants cc: Marcus A. McKnight, III, Esquire Date: eal of the ourt BY THE URT: Prothonotary/Clerk, Ci ision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND Robert Brown, Plaintiff V. Ruby M. Kile & Jon A. Kinsey File No. No. 2004-2746 Civil Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lancaster General Hospital, 555 N. Duke Street, PO Box 3555, Lancaster, PA 17604 . (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all spine (cervical, thoracic, lumbar and sacral) and right shoulder diagnostic films D.O.B.: 6/03/51• S.S.#: 175-40-3358) including, but not limited to actual films and/or compact discs of actual films, including x-ray, CAT scans, an or our possession regarding Plaintiff from the beginning of your association with him up to the present date. at Forrv, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. (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 James R. Forry, Esquire FORRY ULLMAN Address: 2000 Linglestown Road Ste. 301 Harrisburg, PA 17110 Telephone: 717-441-9257 Supreme Court ID # 3rnna Attorney For: Defendants cc: Marcus A. McKnight, III, Esquire Date Seal of the Court BY THE C URT: Prothonotary/Clerk, ivision '-57 nC Deputy (Eff. 7/97) James R. Forry, Esquire Attorney ID #36003 FORRY ULLMAN 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: jrforry@forryullman.com Attorneys for Defendants ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW V. NO. 2004-2746 CIVIL TERM RUBY M. KILE and JOHN A. KINSEY, JURY TRIAL DEMANDED Defendants I, JAMES R. FORRY, ESQUIRE, and FORRY ULLMAN, attorneys for Defendants, Ruby M. Kile and John A. Kinsey, certify that the foregoing Notice of Intent, .was served upon the following by first class mail, postage prepaid, at the following address: Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. DATE: GI?aQ? BY: JAMES R. FORRY, ESQUIRE • ' James R. Forry, Esquire Attorney ID 436003 FORRY ULLMAN 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: jrforry@forryullman.com Attorneys for Defendants ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW V. NO. 2004-2746 CIVIL TERM RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED I, James R. Forry, Esquire, and Forry Ullman, hereby certifies that a copy of the Certificate Prerequisite to Service of Subpoenas, Cumberland County Subpoenas to Produce Documents and Things, and Notice of Intent was mailed by first-class mail, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to falsification to authorities. Date: ` 4t [o FORRY ULLMAN FORRY ULLMAN BY: James R. Forry, Esquire Attorney I.D. No. 36003 540 Court Street PO Box 542 Reading, PA 19603 (610) 568-1404 irfolly@foMlIman.com tm t i E OTHONOTAR"i 2011MAR-3 AM11*29 CUMBERLNSYA14L0VAN COUNTY ROBERT A. BROWN, IN THE COURT OF COMMON PLEAS f CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW V. NO. 2004-2746 CIVIL TERM RUBY M. KILE and JOHN A. KINSEY, Defendants JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS Kindly change the address of the undersigned counsel to: James R. Forry, Esquire FORRY ULLMAN, PC 540 Court Street PO Box 542 Reading, PA 19603 as the place where papers, process and notices may be served. By: FORRY, ULLMANJ. Y, P.C. FORRY, Dated: f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO. 2004-2746 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, being duly sworn according to law, deposes and says that I have ROBERT A. BROWN, V. RUBY M. KILE and JOHN A. KINSEY, Defendants forwarded my Praecipe for Change of Address, by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Date: By: FORRV ITI.I.MAN