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HomeMy WebLinkAbout13-3623 Supreme Co ennsylvania A 'y COU COo-mm T eas For Prothonotary Use Only: ?, h t Docket No: (I S Tf Cu etland - County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint IM Writ of Summons ® Petition I S [3 Transfer from Another Jurisdiction © Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: Ivan R. Wingert Raymond F. Hoover ;T Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? IM Yes ® No (check one) moutside arbitration limits O N Is this a Class Action Suit? Q Yes m No Is this an MDJAppeal? El Yes El No A, Name of Plaintiff/Appellant's Attorney: Ronald M. Graham, Esquire J ® Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your I PRIMARY CASE. If you are making more than one type of claim, check the one that r you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS I M Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution [3 Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection: Other 13 Board of Elections ® Nuisance Dept. of Transportation S ®x Premises Liability Statutory Appeal: Other I ® Product Liability (does not include mass tort) E3 Employment Dispute: E Slander/Libel /Defamation Discrimination C E3 Other: ® Employment Dispute: Other © Zoning Board T ©Other: I ® Other: O MASS TORT 13 Asbestos N © Tobacco ® Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste © Other: ®Ejectment ®Common Law /Statutory Arbitration B ® Eminent Domain /Condemnation ® Declaratory Judgment E3 Ground Rent ® Mandamus ® Landlord /Tenant Dispute Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 13 Mortgage Foreclosure: Commercial 13 Quo Warranto ® Dental Q Partition O Replevin 13 Legal ® Quiet Title ® Other: i ® Medical © Other: ® Other Professional: Updated 1/1/2011 GRAHAM & MAUER, P.C. Attorney for Plaintiffs By: Ronald M. Graham, Esquire Attorney I.D. 64483 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933 -3333 IVAN R. WINGERT and : IN THE COURT OF COMMON PLEAS PATRICIA A. WINGERT, h/w : CUMBERLAND COUNTY, PENNSYLVANIA 105 Big Spring Terrace ry - Newville, PA 17241 : NO. 13 - 3fo�23 v t Ted - YY1 Plaintiffs : CIVIL ACTION - LAW vs. : rn c co x.s - c m F RAYMOND F. HOOVER and N JANET S. HOOVER r - ;n -- C) 515 Bulls Head Road o Newville, PA 17241' _ N) Defendants PRAECIPE TO FILE WRIT OF SUMMONS PROTHONOTARY: Kindly issue a Summons to Defendants Raymond F. Hoover and Janet S. Hoover in the above captioned matter. GRAHAM & MAUER, P.C. 4 By: Ronal Graham, Esquire Attorn for Plaintiffs Date: June 19, 2013 GRAHAM & MAUER, P.C. Attorney for Plaintiffs By: Ronald M. Graham, Esquire Attorney I.D. 64483 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933 -3333 IVAN R. WINGERT and : IN THE COURT OF COMMON PLEAS PATRICIA A. WINGERT, h/w : CUMBERLAND COUNTY, PENNSYLVANIA 105 Big Spring Terrace Newville, PA 17241 :No. 13 - 3(oa3 C(vll (em Plaintiffs : CIVIL ACTION - LAW c) N cm r as VS. C= r RAYMOND F. HOOVER and •-<> 6 1 JANET S. HOOVER r—' 515 Bulls Head Road Newville, PA 17241 Defendants SUMMONS IN CIVIL ACTION TO: RAYMOND F. HOOVER and JANET S. HOOVER You are notified that Plaintiffs have commenced a civil action against you which you are required to defend. Prothonotary of Cumberland County (Court Seal) Deputy GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933 -3333 IVAN R. WINGERT and : IN THE COURT OF COMMON PLEAS PATRICIA A. WINGERT, h/w : CUMBERLAND COUNTY, PENNSYLVANIA 105 Big Spring Terrace : Newville, PA 17241 : NO. 15- Z(A �e Plaintiffs : CIVIL ACTION - LAW VS. RAYMOND F. HOOVER and , rnc c =C -. JANET S. HOOVER . :z -a; , 515 Bulls Head Road : ,r- N acj'' . Newville, PA 17241 rn CZ s Defendants p,' ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of_Ronald M. Graham, Esquire, as attorney for Plaintiffs Ivan R. Wingert and Patricia A. Wingert. GRAHAM & MAUER, P.C. By: Ronal X.-Graham, Esquire Date: June 19, 2013 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F'L E 0J-0 FF I C E Sheriff 01 W- -f , e -, IE PROTHCJNOTAP y Jody S Smith Chief Deputy 2013 JUL 12 AM 10-' 24 Richard W Stewart Solicitor WME QP TOM�SHERIFF CUMBERLAND CoUf4-f y PENNSYLVANIA Ivan R Winger Case Number vs. Raymond F Hoover(et al.} 2013-3623 SHERIFF'S RETURN OF SERVICE 07/05/2013 08:30 PM-Deputy William Cline, being duly sworn according to law, served the requested Writ of Summons by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit:Janet S Hoover at 515 Bulls Head Road, North Newton, Newville, P 7241. I CLINE, AA &71 AV—CL 07/05/2013 08:30 PM-Deputy William Cline, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Janet Hoover, Wife,who accepted as"Adult Person in Charge"for Raymond F Hoover at 515 Bulls Head Road, North Newton, Newville, PA 17241. *rL1EWkftLII`(t, D SHERIFF COST: $57.56 SO ANSWERS, July 08, 2013 RbNW R ANDERSON, SHERIFF (C)CountySuite Sheriff, eleosoft,111C. STEPHEN L. BANKO,JR., ESQUIRE .1 Pa.Supreme Court I. D. No.41727 MARGOLIS EDELSTEIN � ( ? � ��. 3510 Trindle Road Camp Hill, PA 17011 CMIBERLAIC COUNTY Telephone: (717)760-7501 PENNSYLVANIA FAX: (717)975-8124 Attorney for Defendants, E-mail: sbanko maryolisedelstein.com Raymond F. Hoover and Janet S. Hoover IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IVAN R. WINGERT and DOCKET NO. 13-3623 PATRICIA A. WINGERT, h/w, Plaintiffs CIVIL ACTION - LAW V. JURY TRIAL DEMANDED RAYMOND F. HOOVER and JANET S. HOOVER Defendants PRAEC�IPE TO ENTER PP ARA C TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendants, Raymond F. Hoover and Janet S. Hoover, in the above-captioned matter. M R L EDELSTEIN Date: �� � � By: STEPH N L. BANKO, JR. Attorney for [Defendants, Raymond F. Hoover and Janet S. Hoover CERTIFICATE OFnSERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the A�Iday of p p 2013, and addressed as follows: Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7 Box 987 Valley Forge, PA 19482 (Counsel for Plaintiffs) MARGOLIS EDELSTEIN r*k ,& l 1. %UVW a i j An ela . Gayman, Le I Assistant 2 i STEPHEN L. BANKO,JR., ESQUIRE E PR 0 TI•10NOTAAR"T` Pa.Supreme Court 1.D.No.41727 MARGOLIS EDELSTEIN 2013 JL 24 Ali 10: 13 3510 Trindle Road Camp Hill,PA 17011 Telephone:Telephone: (717)760-7501 PENNSYLVANIA FAX: (717)975-8124 Attorney for Defendants, E-mail: sbanko,Amamolisedelstein.com Raymond F. Hoover and Janet S.Hoover IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IVAN R. WINGERT and DOCKET NO. 13-3623 PATRICIA A. WINGERT, h/w, Plaintiffs CIVIL ACTION.- LAW V. JURY TRIAL DEMANDED RAYMOND F. HOOVER and JANET S. HOOVER Defendants PRAECIP-E FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please issue Rule upon Plaintiffs to file a Complaint within twenty (20) days from service hereof or staffer judgment non pLos. MA G EDELSTEIN Date: l J '' By: PH N Lgefendants, BANKO, JR. Attorney for Raymond F. Hoover and Janet S. Hoover IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IVAN R. WINGERT and DOCKET NO. 13-3623 PATRICIA X WINGERT, h/w, Plaintiffs CIVIL ACTION - LAW V. JURY TRIAL DEMANDED RAYMOND F. HOOVER and JANET S. HOOVER Defendants RULE TO THE PLAINTIFFS: You are hereby ordered and directed to file your Complaint against the Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pLos. Dated:. _ a�to� � Prothonotary i t I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the da y of 2013, and addressed as follows: Ronald M. Graham, Esquire ! Graham & Mauer, P.C. w. The Commons at Valley;Forge Suite 7 Box 987 Valley Forge, PA 19482 (Counsel for Plaintiffs) I MARGOLIS EDELSTEIN Angel M. tGa-yman, egal Assistant Y i,. i i J: E: r j. j i . STEPHEN L. BANKO,JR., ESQUIRE ` I T3 i r Pa.Supreme Court I. D. No.41727 MARGOLIS EDELSTEIN .,; 2 6 PH 2: 3S 3510 Trindle Road Camp Hill, PA 17011 ,,,�, : AND t^ '!�� ;" Telephone: (717)760-7501 i J�, r FAX: (717)975-8124 - �L�' �ftorney for Defendants, E-mail: sbanko@marciolisedelstein.com Raymond F. Hoover and Janet S. Hoover IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IVAN R. WINGERT and DOCKET NO. 13-3623 PATRICIA A. WINGERT, h/w, Plaintiffs CIVIL ACTION - LAW v. RAYMOND F. HOOVER JURY TRIAL DEMANDED and JANET S. HOOVER Defendants mt{t,, r", %', 4'�'� The undersigned hereby certifies that a true and correct copy of Rule to File Complaint of Defendants, Raymond F. Hoover and Janet S. Hoover, was served upon the person and in the manner indicated below: Service by First Class Mail Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7 Box 987 Valley Forge, PA 19482 (Counsel for Plaintiffs) MA', I DELSTEIN Date: ' r> By: 1 STEPH L. B A NKO, JR. Attorney or Defendants, Raymond F. Hoover and Janet S. Hoover IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IVAN R. WINGERT and DOCKET NO. 13-3623 PATRICIA A. WINGERT, h/w, Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED RAYMOND F. HOOVER and JANET S. HOOVER Defendants TO THE PLAINTIFFS: You are hereby ordered and directed to file your Complaint against the Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Dated: ai ,3 '20A2i - Prothonotary TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This cz7YdaY of 20� Prothonotary 1,,„b 6', 11‘ - g n„"S%re, �k".3<....�P���°` '��-�%�1 s+�„� = r,.,�e-{._ #. {� ,41�"r�s�.�t?y mVy y N ,, e4tH v,t u. I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 01,-Y day of ! U.1 ', FRTtdtl `t Attorneys for Plaintiff GRAHAM&MAUER, P.C. By: Ronald M. Graham, Esquire 201 ,BUG 29 PH I; Attorney I.D. 64483 �U�96ERLA�� � Whitney S. Graham, Esquire COUNTY TY PENNSYLVANIA Attorney I.D. 312145 The Commons at Valley Forge Suite 7, PO Box 987 Valley Forge,PA 19482 (610) 933-3333 IVAN R. WINGERT and : IN THE COURT OF COMMONS PLEAS PATRICIA A. WINGERT, h/w : CUMBERLAND COUNTY, PENNSYLVANIA 105 Big Spring Terrace Newville,PA 17241 : NO. 13-3623 Plaintiffs : CIVIL ACTION - LAW vs. RAYMOND F. HOOVER and JANET S. HOOVER 515 Bullshead Road Newville, PA 17241 Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Whitney S. Graham, Esquire, as attorney for Plaintiffs Ivan R. Wingert and Patricia A. Wingert. GRAHAM&MAUER,PV C. By: Whitney S. Graham, Esquire Attorney for Plaintiff Date: August 27, 2013 GRAHAM& MAUER P.C. w1 a M €ROTHONOTAW Attorneys for Plaintiff By: Ronald M. Graham, Esquire Attorney I.D. 64483 2013 AUG 29 Pty P { 6 Whitney S. Graham, Esquire CUMBERLAND CUNT! Attorney I.D. 312145 PENNSYLVANIA Commons at Valley Forge Suite 7, PO Box 987 Valley Forge, PA 19482 (610) 933-3333 IVAN R. WINGERT and : IN THE COURT OF COMMONS PLEAS PATRICIA A. WINGERT, h/w : CUMBERLAND COUNTY, PENNSYLVANIA 105 Big Spring Terrace Newville, PA 17241 : NO. 13-3623 Plaintiffs : CIVIL ACTION- LAW vs. ; RAYMOND F. HOOVER and. JANET S. HOOVER 515 Bullshead Road Newville, PA 17241 Defendants CERTIFICATE OF SERVICE I, Whitney S. Graham, Esquire, do hereby certify that on this 27th day of August, 2013, a true and correct copy of the within Complaint, Entry of Appearance for Ronald M. Graham, and Entry of Appear for Whitney S. Graham, was sent by first class,postage prepaid US Mail to the following: Stephen L. Banko, Jr., Esquire ' Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 GRAHA R, P.C. By: Whitney S. Graham Attorney for Plaintiff GRAHAM&MAUER, P.C. �i' '+R0 rHDND TAR,%P Attorneys for Plaintiff By: Ronald M. Graham, Esquire 2013 AUG 29 PM I: 16. Attorney I.D. 64483 Whitney S. Graham, Esquire CUMBERLAND COUNTY Attorney I.D. 312145 PENNSYLVANIA The Commons at Valley Forge Suite 7, PO Box 987 Valley Forge, PA 19482 (610) 933-3333 IVAN R. WINGERT and : IN THE COURT OF COMMONS PLEAS PATRICIA A. WINGERT,h/w : CUMBERLAND COUNTY, PENNSYLVANIA 105 Big Spring Terrace Newville, PA 17241 : NO. 13-3623 Plaintiffs : CIVIL ACTION - LAW vs. RAYMOND F. HOOVER and : JANET S. HOOVER : 515 Bullshead Road Newville, PA 17241 Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Ronald M. Graham, Esquire, as attorney for Plaintiffs Ivan R. Wingert and Patricia A. Wingert. GRAHAM & MAUER, P.C. By: Ronall f4. Graham, Esquire Attorney for Plaintiff Date: August 27, 2013 l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Ivan R. Wingert and Patricia A. Wingert IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA Vs No 13-3623 Raymond F. Hoover and Janet S. Hoover CIVIL ACTION - LAW -v - : y Defendant m �D �� =C CID- ; 3' � 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 AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 GRAHAM &MAUER, P.C. Attorneys for Plaintiff By: Ronald M. Graham, Esquire Attorney I.D. 64483 Whitney S. Graham, Esquire Attorney I.D. 312145 The Commons at Valley Forge Suite 7, PO Box 987 Valley Forge, PA 19482 (610) 933-3333 IVAN R. WINGERT and : IN THE COURT OF COMMONS PLEAS PATRICIA A.,WINGERT, h/w : CUMBERLAND COUNTY, PENNSYLVANIA. 1.05 Big Spring.Terrace Newville, PA 17241 :NO. 13-3623 Plaintiffs : CIVIL ACTION -LAW vs. RAYMOND F. HOOVER and JANET S. HOOVER 515 Bullshead Road Newville, PA 17241 Defendants COMPLAINT 1. Plaintiffs Ivan R. Wingert and Patricia A. Wingert are adult individuals and husband and wife who reside at 105 Big Spring Terrace in Newville, Pennsylvania. 2. On information and belief, at all times pertinent hereto, Defendants Raymond F. Hoover and Janet S Hoover are adult individuals and husband and wife residing at 128 Nealy Road in Newville, Pennsylvania. 3. At all times pertinent hereto Defendants Raymond F. Hoover and Janet S. Hoover, hereinafter collectively"Defendant Hoover" owned, leased, operated,possessed, maintained and/or otherwise controlled a parcel of real estate at or about 120 degrees latitude 40 degrees 08 minutes 19 seconds longitude 77 degrees 25 minutes 46 seconds on the north side of Nealy Road in North Newton Township, Cumberland County, Pennsylvania. 4. At or about 5:30 a.m. on July 27, 2011 Ivan R. Wingert,hereinafter"Plaintiff Husband"was traveling westbound on Nealy Road when suddenly and without warning a tree limb was found to be obstructing both lanes of Nealy Road. 5. At said time and place Plaintiff Husband was operating a Yamaha motorcycle in the westbound lane. 6. At said time and place Plaintiff Husband was unable to stop his motorcycle in time to avoid a collision with the tree limb covering the entire roadway known as Nealy Road. 7. As a result of said collision Plaintiff Husband sustained serious and permanent personal injuries and other damages as set forth herein. COUNT I - IVAN R.WINGERT v. RAYMOND F. HOOVER and JANET S. HOOVER 8. Paragraphs 1 through 7 are incorporated herein by reference as if set forth at length. 9. As a direct and proximate result of the negligence and carelessness of Defendants Hoover,Plaintiff Husband suffered serious injury to his left hand, wrists,pelvis, lungs, ribs, face, right orbit, right corneal abrasion, left patella, right ankle, spleen, and contusions and lacerations in addition to other injuries and/or damages. 10. As a direct and proximate result of the negligence and carelessness of Defendants Hoover, Plaintiff Husband was required to undergo the following procedures, carpel tunnel release, femoropopliteal bypass, pelvic repair, subluxation of left patella, skin grafting, splenectomy, resuscitated with massive transfusion protocol, facial laceration repair, internal fixation of pelvis, external fixation of the left tibial plateau fracture, right femoro-distal popliteal bypass, among other procedures. 11. As a direct and proximate result of the negligence and carelessness of Defendants Hoover, Plaintiff Husband has been and may continue to be in the future unable to attend to his ususal habits,vocations, customs and enjoyment of life. 12. As a direct and proximate result of the negligence and carelessness of Defendants Hoover, Plaintiff Husband has suffered scarring, disfigurement and humiliation. 13. As a direct and proximate result of the negligence and carelessness of Defendants Hoover, Plaintiff Husband has been in the past and may continue to be in future required to undergo medical and surgical treatments and procedures. 14. As a direct and proximate result of the negligence and carelessness of Defendants Hoover, Plaintiff Husband has been in the past and/or may be in the future required to spend great sums of money for medical and/or surgical treatments and procedures as a result of his injuries. 15. As a direct and proximate result of the negligence and carelessness of Defendants Hoover, Plaintiff Husband has been unable to attend to some or all of his occupations and therefore has suffered in the past and/or may in the future suffer a loss of income and/or loss of earning capacity as well as fringe benefits,retirement benefits and seniority. 16. As a direct and proximate result of the negligence and carelessness of Defendants Hoover, Plaintiff Husband has in the past and may continue in the future to suffer from inconvenience and loss of life's pleasures. 17. As a direct and proximate result of the aforementioned incident and the resulting injuries and/or damages, the integrity, resilience,resistant to injury of Plaintiff Husband has been compromised so Plaintiff Husband is more susceptible to injury and may have earlier onset of degenerative and other problems than Plaintiff Husband would have suffered if the above-' mentioned injuries had not occurred. 18. As a direct and proximate result of the aforementioned incident and the resulting injuries and/or damages, Plaintiff Husband has in the past and/or may in the future be required to spend great sums of money to pay for household care. 19. At all times pertinent hereto Defendants Hoover had a duty to maintain their property including the subject tree in a condition that was reasonably safe for the general and motoring public that Defendants Hoover knew or should have known would be traveling near, under and about the subject tree. 20. At all times pertinent hereto Defendants Hoover knew or should have known of the dangerous and defective condition of said tree upon their premises. 21. The aforementioned incident,resulting injuries and/or damages were the direct and proximate result of the negligence and carelessness of Defendants Hoover whose conduct consisted of, without limitation: a. Maintaining a tree the condition of which was such that it gave notice of leaning over a public roadway. b. Maintaining a dangerous and defective tree in close proximity to the public highway which tree suffered from visible dead and dying branches. C. Failing to remove a tree which was located in close proximity to a public highway when Defendants knew or should have known that the tree was generally in a weakened condition. d. Failing to remove a tree located in close proximity to a public highway that suffered from poor branch and trunk attachment. e. Failing to remove or otherwise trim a tree located in close proximity to a public highway when Defendants knew or should have known that a substantial portion of the balance of the defective tree was hanging over the public roadway. f. Failing to remove a tree located in close proximity to a public highway when substantial defects in the tree were visible for more than a year prior to the subject incident. g. Failing to exercise reasonable care to prevent an unreasonable risk of harm arising from the condition of a tree on Defendants' land near a highway. h. Maintaining a tree which was visibly decaying, rotting, and/or otherwise deteriorating in close proximity to a public highway when Defendants knew or should have known that such a dangerous tree would fall upon the public highway causing a substantial hazard for users of the public highway including Plaintiff Husband, including serious personal injuries and/or death. i. Failing to conduct a reasonable inspection of trees along a public highway when Defendants knew or should have known that the subject tree contained serious and obvious defects which might, and in fact did, cause a large portion of the tree to fracture off of the main trunk and fall across the public highway thereby creating a hazard to passing motorist including Plaintiff Husband. j. Failing to maintain Defendants' property in a reasonably safe condition so as not to interfere with the traveling public. k. Failing to exercise reasonable care to prevent an unreasonable risk of harm arising from the condition of trees on land near the highway. 1. Allowing a large branch of a dangerously defective and rotted tree to overhang a public highway when Defendants knew or should have known that the condition of the subject tree was such that at any time and without warning said limb could fall upon the public highway creating a substantial risk of harm to passing motorists including Plaintiff Husband. m. Creating an unreasonable obstruction upon the public highway as a result of failure to properly inspect and maintain trees located on Defendants' property in such a way as to prevent them from deteriorating to the point that portions of the subject tree would fall upon the public highway thereby creating an unreasonable risk of harm to passing motorists including Plaintiff Husband. n. Failure to regard the rights, safety and position of the motoring public including Plaintiff Husband. o. Creating a hazard that was impossible for Plaintiff Husband to discern prior to the happening of the incident complained of herein. p. Permitting and allowing the motoring public to travel on the public highways at, around, and beneath a dangerous and defective condition created by Defendants' defective tree. q. Failure to properly and adequately protect the motoring public from the hazards of dangerous and improperly maintained trees located in close proximity to the public highway when Defendants knew or should have known that such trees or part of them were likely to collapse upon the public highway thereby causing serious personal injury to members of the motoring public including Plaintiff Husband. r. Failure to properly inspect,maintain and, if necessary, remove trees or portions of them at the location of the aforesaid incident in a reasonable, safe and prudent manner. S. Failure to issue any warning, verbal, written, actual and/or constructive,to members of the motoring public, including Plaintiff Husband, as to the dangerous condition which exsisted at or about the location of the incident complained of herein. t. Failure to repair and/or remove said damaged, rotted, defective and dangerous tree in a timely manner. U. Failure to notify the proper authorities, including without limitation the police, of the dangerous defective condition of said tree on Defendants' property. V. Failure to notify the proper authorities, including without limitation,the police, of the dangerous condition of the tree limb that collapsed upon the pubic highway. W. Failure to exercise due care under the circumstances. X. Defendants' failure to properly repair, maintain or remove the subject tree was part of a course of conduct designed to improperly place Defendants' property maintenance cost containment efforts ahead of the safety of the motoring public including Plaintiff Husband. Y. Failure to prevent unreasonable risk of harm arising from the condition of trees on the land near the highway. Z. Failure to properly inspect and secure trees in a developed or residential area. aa. Failure to properly maintain trees in an urban area. COUNT II -LOSS OF CONSORTIUM PATRRICIA WINGER v. DEFENDANTS RAYMOND F. HOOVER and JANET S. HOOVER 22. Paragraphs 1 through 19 are incorporated herein by reference as if set forth at length. 23. At all times pertinent hereto, Plaintiffs Ivan Wingert and Patricia Wingert were living together as husband and wife. 24. As a result of the carelessness, negligence, gross negligence and/or recklessness of Defendants Hoover resulting in the above injuries, damages and losses to her husband, Plaintiff Patricia Wingert has been and may be in the future be deprived of the assistance, comfort, support, services, society and companionship of her husband, all of which is to her great detriment and loss. 25. As a result of the carelessness, negligence, gross negligence and/or recklessness of Defendants Hoover, Plaintiff Patricia Wingert has been compelled, and/or may be compelled to spend money for medical and surgical aide,medications and similar medical and medically related treatments, instrumentalities and modalities for her husband, Plaintiff Ivan Wingert. WHEREFORE, Plaintiff Patricia Wingert demands judgment in her favor and against Defendants Hoover in an amount that exceeds the limit for arbitration. Respectfully Submitted, By: WGRAI M. Graham, Esquire AM& M AUER,P.C. Attorney for Plaintiffs Date: August 27, 2013 VERIFICATION I, Ivan Wingert, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing Document are true and correction to the best of my knowledge, information and belief. In understand that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. r Ivan Wingert STEPHEN L. BANKO,JR., ESQUIRE OF THE Pa.Supreme Court I. D. No.41727 z0TAR-'I" MARGOLIS EDELSTEIN 2013 SEA' 16 PH I• Is 3510 Trindle Road Camp Hill,PA 17011 DUP4'BERLAND COUNTY Telephone: (717)760-7501 PNNSYLYANJ� FAX: (717)975-8124 Attorney for Defendants, E-mail: sbanko(a)margolisedelstein.com Raymond F. Hoover and Janet S.Hoover IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IVAN R. WINGERT and DOCKET NO. 13-3623 PATRICIA A. WINGERT, h/w, Plaintiffs CIVIL ACTION - LAW V. RAYMOND F. HOOVER JURY TRIAL DEMANDED and JANET S. HOOVER Defendants NOTICE TO PLEAD TO: Ivan R. Wingert and Patricia A. Wingert, Plaintiffs c/o Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7 Box 987 Valley Forge, PA 19482 (Attorney for Plaintiffs) You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. JAOL EDELSTEIN Date: � ��I By: ST , EN LlBANKO, JR. Attorney for efendants, Raymond F. Hoover and Janet S. Hoover STEPHEN L. BANKO,JR., ESQUIRE Pa.Supreme Court I. D. No.41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717)760-7501 FAX: (717)975-8124 Attorney for Defendants, E-mail: sbanko _mangolisedelstein.com Raymond F. Hoover and Janet S. Hoover IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IVAN R. WINGERT and DOCKET NO. 13-3623 PATRICIA A. WINGERT, h/w, Plaintiffs CIVIL ACTION - LAW V. JURY TRIAL DEMANDED RAYMOND F. HOOVER and JANET S. HOOVER Defendants ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT 1. Admitted in part and denied in part. As to the marital status of Plaintiffs and their current residence address, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as the truth of said averments, and, therefore, they are denied. 2. Admitted. 3. Denied as stated. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer,while Defendants admit that they own a partial road bearing the address of 125 Nealy Road, Newville, Cumberland County, Pennsylvania, such ownership may be subject to various easements and rights of way by governmental units and public utilities. 4. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 5 Admitted. Upon information,it is believed that Plaintiff-Husband was involved in a motor vehicle accident at a time when he was operating a Yamaha motorcycle along Nealy Road. 6. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 7. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. COUNT IVAN R. WINGERT v. RAYMOND F. HOOVER AND JANET S. HOOVER 8. The answers contained in paragraphs 1 through 7 hereof are incorporated herein by reference as if set forth in their entirety. 9. The answer contained in paragraph 7 hereof is incorporated herein by reference as if set forth in its entirety. 2 I 10. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. Byway of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 11. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 12. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 13. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. Byway of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they 3 are denied. 14. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 15. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 16. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 17. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation, Defendants are without knowledge or 4 information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 18. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 19. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. Byway of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 20. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. Byway of further answer,with regard to how the motor vehicle accident occurred and the extent or permanency of any injuries sustained by Plaintiff-Husband, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 21a—v and x—aa. Denied. The allegations contained in this paragraph state a legal conclusion to which no responses is necessary. By way of further answer, subparagraph (w) has been withdrawn from Plaintiffs' Complaint pursuant to a stipulation entered into by 5 counsel for the parties. Accordingly, no answer on the part of Defendants is required. COUNT II — LOSS OF CONSORTIUM PATRICIA WINGER (sic) 22. The answers contained in paragraphs 1 through 21 hereof are incorporated herein by reference as if set forth in their entirety. 23. Denied. The answer contained in paragraph 21 hereof is incorporated herein by reference as if set forth in its entirety. 24. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, with regard to any injury or damage allegedly sustained by Plaintiff-Wife, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 25. Denied. The answers contained in paragraphs 7 and 24 hereof are incorporated herein by reference as if set forth in their entirety. WHEREFORE, Defendants, Raymond F. Hoover and Janet S. Hoover, demand judgment in their favor and against Plaintiffs. NEW MATTER 26. The answers contained in paragraphs 1 through 25 hereof are incorporated herein by reference as if set forth in their entirety. 27. Plaintiffs' claim, if any, is or may be barred by the applicable statute of limitations. 28. Plaintiffs may have failed to join an indispensable party or parties. 6 29. Plaintiffs' injuries may have been caused by the conduct or legal duty of entities or persons who are not a party to this action and over whom Defendants had no control. WHEREFORE, Defendants, Raymond F. Hoover and Janet S. Hoover, demand judgment in their favor and against Plaintiffs. M R OLIS EDELSTEIN Date: By: i STEP N BANKO, JR. Attorne for Defendants, Raymond F. Hoover and Janet S. Hoover i 7 i VERIFICATION I, Raymond F. Hoover, have read the foregoing Answer and New Matter to Plaintiffs' Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities,which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: 013 Ray and F. Koover 1 VERIFICATION I, Janet S. Hoover, have read the foregoing Answer and New Matter to Plaintiffs' Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities,which provides that, if 1 knowingly make false averments, I may be subject to criminal penalties. i I Date: �_ g_ /J Janet S. Hoover 1 I CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the i2, of \I Otn 2013, and addressed as follows: Whitney S. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7 Box 987 Valley Forge, PA 19482 (Counsel for Plaintiffs) MARGOLIS EDELSTEIN &Vdl AA Angela M. ayman, Lega ssistant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IVAN R. WINGERT and DOCKET NO. 13-3623 r-) PATRICIA A. WINGERT, hlw, j ,67 rn Plaintiffs CIVIL ACTION - LAW `tea V. RAYMOND F. HOOVER JURY TRIAL DEMANDED JANET S. HOOVER, :c to Defendants All L% WHOW The parties hereto, by and through their respective counsel, hereby stipulate and agree as follows: 1. The Plaintiffs withdraw paragraph 21w. from their Complaint. 2. in consideration of Plaintiffs' agreement to withdraw paragraph 21w. from their Complaint as set forth above, Defendants will not file Preliminary Objections to Plaintiffs' Complaint, but will file an appropriate Answer and New Matter; and 3. The parties agree to file this Stipulation with the office of the Prothonotary, but do not require approval by the Court in order to enforce the terms hereof. GRA&",& ER, P.C. M R LI EDELSTEIN Whitney S. Graham, Esquire StepherilL. Banko, Jr. Attorney I.D. No. 312145 AttorneV I.D. No. 41727 The Commons at Valley Forge 3510 Trindle Road Suite 7 Camp Hill, PA 17011 Box 987 PHONE: (717) 760-7501 Valley Forge, PA 19482 FAX: (717) 975-8124 PHONE: 610-933-3333 (Attorney for Defendants, FAX: 610-983-0570 Raymond F. Hoover (Counsel for Plaintiffs, and Janet S. Hoover) Ivan R. Wingert and Patricia A. Wingert) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of , 2013, and addressed as follows: Whitney S. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7 Box 987 Valley Forge, PA 19482 (Counsel for Plaintiffs) MARGOLIS EDELSTEIN AngelA M. Gayman, L gal Assistant C I ,� �"y E GRAHAM & MAUER, P.C. , j C�� _ � ��, Attorney for Plaintiff 50 By: Ronald M. Graham, Esquire Attorney I.D. 64483 CUMBERLAND COUNTY By: Whitney S. Graham, Esquire PENNSYLVANIA Attorney I.D. 312145 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 IVAN R. WINGERT and : IN THE COURT OF COMMON PLEAS PATRICIA A. WINGERT, h/w : CUMBERLAND COUNTY, PENNSYLVANIA 105 Big Spring Terrace Newville, PA 17241 : NO. 13-3623 Plaintiffs : CIVIL ACTION - LAW vs. RAYMOND F. HOOVER and • JANET S. HOOVER • 128 Nealy Road • Newville, PA 17241 Defendants • PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 26. The corresponding paragraph to Defendants' New Matter does not contain an allegation to which a responsive pleading is required. 27. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that their claim is barred by the statute of limitations. On the contrary, in the Commonwealth of Pennsylvania, the statute of limitations for a personal injury claim is two years from the date of injury. In the instant case, the date of injury was July 27, 2011. Plaintiffs filed a Praecipe to File a Writ of Summons on June 19, 2013, more than one month prior to the running of the statute of limitations. 28. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. By way of further answer, Plaintiffs have joined all indispensable parties in the instant action. 29. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. By way of further answer, as outlined in the Complaint incorporated herein by reference, Plaintiffs' injuries were caused by the negligent actions or failure to act of Defendants. WHEREFORE, Plaintiffs hereby demand judgment in their favor and against Defendants in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule, plus interests, costs and such other remedies as this Court may deem just and reasonable. Respectfully submitted, GRAHAM &1MAUER P.C. By: Whitney S. Graham, Esquire Attorney for Plaintiffs Date: 10/1/13 VERIFICATION I, Whitney S. Graham, Esquire, hereby state that I represent the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. / i / _.. __ Whitney S. Graham GRAHAM& MAUER, P.C. , Attorney for Plaintiff By: Ronald M. Graham, Esquire Attorney I.D. 64483 2E;13 OCT -2 1111 10: 50 By: Whitney S. Graham, Esquire CUMBERLAND COUNTY Attorney I.D. 312145 PENNSYLVANIA The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 IVAN R. WINGERT and : IN THE COURT OF COMMON PLEAS PATRICIA A. WINGERT, h/w : CUMBERLAND COUNTY, PENNSYLVANIA 105 Big Spring Terrace Newville, PA 17241 : NO. 13-3623 Plaintiffs : CIVIL ACTION - LAW vs. • • RAYMOND F. HOOVER and • JANET S. HOOVER • 128 Nealy Road Newville, PA 17241 • • Defendants • CERTIFICATE OF SERVICE I, Whitney S. Graham, Esquire, hereby certify that on this 1St day of October, 2013 a true and correct copy of the foregoing Plaintiffs' Reply to Defendants' New Matter was sent via regular first class mail, postage prepaid, to the following counsel of record: Stephen L. Banko, Jr, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 GRAHAM AU ',P.C. By: Whitney S. Graham, Esquire Attorney for Plaintiffs CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: IVAN WINGERT AND PATRICIA WINGERT ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 13-3623 RAYMOND F. HOOVER AND JANET S. HOOVER As a prerequisite to service of a subpoena for documents and things to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. certifies that () (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/08/2014 MCSJ.er1f of STE N KO, JR., ESQ. Atto ney fo DEFENDANT kmunshower@margolisedelstein.com MCS # 74254-L01 DE11 •r' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: IVAN WINGERT AND PATRICIA WINGERT -VS- RAYMOND F. HOOVER AND JANET S. HOOVER COURT OF COMMON PLEAS TERM, CASE NO: 13-3623 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PA STATE POLICE HEADQUARTERS RECORDS TO: RONALD M. GRAHAM, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/16/2014 CC: STEPHEN L. BANKO, JR., ESQ. RONALD M. GRAHAM, ESQ. GRAHAM & MAUER THE COMMONS @ VALLY FORGE STE.7 PO BOX 987-23 VALLEY FORGE, PA 19482 - 28150.4-00107 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 74254-001 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IVAN WINGERT AND PATRICIA WINGERT File No. 13-3623 vs. RAYMOND F. HOOVER AND JANET S. HOOVER : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PA STATE POLICE HEADQUARTERS C/O COMM. FRANK NOONAN (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN L. BANKO, JR., ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division 74254-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA STATE POLICE HEADQUARTERS C/0 COMM. FRANK NOONAN 1800 ELMERTON AVE HARRISBURG, PA 17110 RE: MCS # 74254-LO1 IVAN WINGERT Date of Birth: 06-30-1968 Please provide any and all records and all photographs pertaining to an accident which occurred on 7/27/11 on Nealy Road in Newville, PA. involving a motorcycle colliding with debris in the roadway. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 74254-LO1 SU10