HomeMy WebLinkAbout01-5228CRAIG M. MASCHMEYER
1919 Esther Drive
Carlisle, PA 17013
VS.
Plaintiff,
MARLIN L. HIPPENSTEEL, JR.
131 North West Street
Carlisle, PA 17013
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue a writ of summons against the Defendant in the above-captioned
action.
1 Writ of Summons shall be issued and forwarded to the SherifE
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: (717) 2/38-1
WRIT OF SUMMONS
TO: MARLIN L. HIPPENSTEEL, JR,~
YOU ARE NOTIFIED THAT CRAIG M. MASCHMEYER HAS COMMENCED AN
ACTION AGAINST YOU.
Date: ~
-- Proth6noiary ~
Craig Maschmeyer,
Plaintiff
Marlin Hippensteel, Jr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
PRAECIPE FOR RULE TO FILE A COMPLAINT
Please issue a Rule directed to Plaintiff to file a Complaint in the above-captioned
matter within twenty (20) days or suffer judgment Non Pros.
By:
Respectfully submitted,
Craig ~..//Brooks, Esquire
RULE
AND NOW, this 0~.l , day of ~-/~', 2001, upon consideration of Defendant's
Praecipe For Rule To File A Complaint, a Rule is hereby granted upon Plaintiff to file a
Complaint within twenty (20) days of service, or suffer judgment Non Pros.
Rule issued this ~.~ dayof ~ , 2001.
~J- "~Curt Long~o~otary ~ (/
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Praecipe for
Rule to File a Complaint/Rule upon the person(s) and in the manner indicated below,
which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure,
by depositing a copy of same in the United States Mail, first-class postage prepaid,
addressed as follows:
Brian McCall, Esquire
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff)
McKissock & Hoffman, P.C.
Date:
B. Crai~l~l'ack, E~quire
Supren~e'Court I.D. No. 36818
Craig S. Brooks, Esquire
Supreme Court I.D. No. 62366
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendant,
Madin Hippensteel, Jr.
Craig Maschmeyer,
Plaintiff
Marlin Hippensteel, Jr.,
Defendant
IN THE COURT OF COMMON' PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I hereby certifv that I am this day serving a copy of the foregoing Rule upon the
person(s) and in the manner indicated below, which service satisfies the requirements
of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States Mail, first-class postage prepaid, addressed as follows:
Brian McCall, Esquire
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff)
Date:
McKissock & Hoffman, P.C.
B. L;ra,g,/~ac~,, I:squlre '1 ~
Suprenl~/Court I.D. No.7~6818
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendant,
Marlin Hippensteel, Jr.
CRAIG M. MASCI-IMEYER,
Plaintifl~
V.
MARLIN L. HIPPENSTEEL, JR.,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-5228
:
: CIVIL ACTION - LAW
:
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend 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 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 again~ you by the Court without further notice for any money claimed
in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
(717) 249-3166
CRAIG M. MASCHMEYER,
Plaintiff,
V.
MARLIN L. HIPPENSTEEL, JR.,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO.: 01-5228
:
: CIVIL ACTION - LAW
:
: JURY TRIAL DEMANDED
COMPLAINT
NOW COMES Plaintiff~ Craig M. Maschmeyer, by and through his attorneys,
TOMASKO & KORANDA, P.C., and files the following Complaint against Defendant, Marlin L.
Hippensteel, averring:
Parties
1. Plaintiff~ Craig M. Maschmeyer, is an adult individual currently residing at 1919
Esther Drive, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant, Marlin L. Hippensteel, is an adult individual currently residing at 131
North West Street, Carlisle, Cumberland County, Pennsylvania, 17013.
Venue and Jurisdiction
3. Venue is proper in this judicial district pursuant to Pa. R.C.P. 1006.
4. The monetary damages claimed by plaintiffs in the instant action exceed the
jurisdictional limit for compulsory arbitration pursuant to the Local Rules of this Court.
Factual Baclatround
5. On September 17, 1999, at approximately 0227 hours, Plaintiffwas the rear seat
passenger in a vehicle owned and operated by Jennifer Maschmeyer. Jennifer Masehmeyer was
operating the motor vehicle in an eastbound direction on West South Street, near its intersection
with South Hanover Street, in Carlisle, Cumberland County, Pennsylvania.
6. On the above date and time, Defendant was operating a motor vehicle in a
southbound direction on South Hanover Street, near its intersection with West South Street, in
Carlisle, Cumberland County, Pennsylvania.
7. The aforementioned intersection is regulated by traffic control signals exhibiting
different colored lights for each direction of travel.
8. As the Maschmeyer vehicle was proceeding through the aforementioned
intersection with the green light, the motor vehicle was suddenly and unexpectedly struck on the
leR front driver's side by the motor vehicle operated by Defendant, who had run a red light.
Count I: ~
9. The aforementioned collision occurred solely as the result of the negligence,
recklessness and carelessness of Defendant, and was due in no manner whatsoever to any act or
Caihtre to act on the part of Plaintiffor Jennifer Maschmeyer.
10. The aforementioned negligence, recklessness and carelessness of Defendant
consisted of the following:
(a) Operating a motor vehicle in willful and wanton disregard for the safety of
persons and property of others in violation of 75 Pa. C.S.A. § 3736(a);
(b) Operating a motor vehicle in a reckless manner in violation of 75 Pa.
C.S.A. § 3736(a);
(c) Operating a motor vehicle without regard to traffic control signals in
violation of 75 Pa. C.S.A. § 311 l(a);
(d) Operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A.
§ 3361;
-2-
(e) Failing to stop at a steady red light in violation of 75 Pa. C.S.A. §
3112(a)(3)(i);
(f) Failing to keep a proper lookout for motor vehicles before crossing an
intersection; and
(g) Failing to operate a motor vehicle in such a manner as to avoid causing a
collision.
11. As a direct and proximate result of the negligence, carelessness and recklessness of
Defendant, Plaintiff suffered severe low back sprain/strain with chronic pain and limitations, which
may be permanent.
12. As a direct and proximate result of the negligence, carelessness and recklessness of
Defendant, Plaintiffhas required medical treatment and has incurred expenses in connection
therewith for medicines, medical care, hospitalization, physical therapy, and other medical services
for which a claim is hereby made.
13. As a direct and proximate result of the negligence, recklessness and carelessness of
the Defendant, Plalntiffhas suffered in the past and may in the future continue to suffer
excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment,
disfiguremem and deformities for which a claim is hereby made.
14. As a direct and proximate result of the negligence, recklessness and carelessness of
the Defendant, Plaintiffhas in the past been and may in the future be disabled fiom performing his
usual duties, occupations, and avocations with a consequent loss of earnings, earning power and
earning potential for which a claim is hereby made.
WHEREFORE, Plaintiff, Crai~ M. Maschmeyer, demands damages of Defendant, Marlin
-3-
L. Hippensteel, Jr., in an amount in excess of the amount required for compulsory arbitration
pursuant to the Local Rules of this Court, plus costs of suit and delay damages.
Respectfully submitted,
TOMASKO & KORANi)A~ P.C.
219 State Street
Harrisburg, PA 17101
Telephone: (717) 238-1100
-4-
VERIFICATION
I hereby verify that the statements of fact made in the foregoing documem are true and
correct to the best of my knowledge, information, and belief. I understand that any false
statemems therein are subject to the penalties eomained in 18 Pa.C.S.A. §4904, relating to
unswom falsification to authorities.
Dated:
L~IG M.~C~R
CERTIFICATE OF SERVICE
AND NOW, this l~0 ~. of December, 2001, I, Brian A. McCall, Esquire, attorney for the
Plaintiff, hereby certify that I served the within COMPLAINT this day by:
United States Mail, first class, postage prepaid, addressed to:
B. Craig Black, Esquire
McKISSOCK & HOFFMAN, P.C.
2040 Linglestown Road
Harrisburg, PA 17110
Attorney for Defendant
Craig Maschmeyer,
Plaintiff
Marlin Hippensteel, Jr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
NOTICE TO PLEAD
To: Craig Maschmeyer
cio Brian McCall, Esquire
219 State Street
Harrisburg, PA 17101
You are hereby notified to plead to the enclosed Answer and New Matter
pursuant to Pa.R.C.P. 1030 within 20 days from service hereof or a default judgment
may be entered against you.
ANSWER AND NEW MATTER OF MARLIN L. HIPPENSTEEL, JR.
TO PLAINTIFF'S COMPLAINT
AND NOW comes Defendant, Marlin L. Hippensteel, Jr., by and through his
attorneys, McKissock & Hoffman, P.C., and files the following Answer and New Matter
to Plaintiff's Complaint wherein the following is a statement:
1. Denied. After reasonable investigation, Defendant is of insufficient
knowledge and information to form a belief as to the truth of the averments contained in
Paragraph 1 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial
of the matter.
2. Admitted.
3. The averments in Paragraph 3 of Plaintiff's Complaint constitute a
conclusion of law to which no responsive pleading is required.
4. The averments in Paragraph 4 of Plaintiff's Complaint constitute a legal
conclusion to which no responsive pleading is required. To the extent that the
averments in Paragraph 4 of Plaintiff's Complaint are factual in nature, do not constitute
conclusions of law same or denied. After reasonable investigation, Answering
Defendant is of insufficient knowledge and information to form a belief as to the truth of
the averments contained in Paragraph 4 of Plaintiff's Complaint. Strict proof, if relevant,
is demanded upon the trial of the matter.
5. Admitted in part, denied in part. It is admitted on September 17, 1999 at
approximately 2:27 hours, Jennifer Maschmeyer was operating a 1996 Chrysler Sierras
automobile in an eastbound direction on West South Street at or near its intersection
with South Hanover Street in Carlisle, Cumberland County, Pennsylvania. The
remaining averments contained in Paragraph 5 of Plaintiff's Complaint are denied. After
reasonable investigation, Answering Defendant is of insufficient knowledge and
information to form a belief as to the truth of the remaining averments contained in
Paragraph 5 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial
of the matter.
6. Admitted.
7. Admitted.
8. Denied. The averments of Paragraph 8 of Plaintiff's Complaint are
denied. To the contrary, the motor vehicle operated by Jennifer Maschmeyer suddenly
and unexpectedly struck the vehicle operated by Defendant on the left (passenger side)
rear of Defendant's vehicle. The remaining averments in Paragraph 8 of Plaintiff's
Complaint constitute conclusions of law to which no responsive pleading is required.
Strict proof, if relevant, is demanded upon the trial of the matter.
9. Denied. The averments contained in Paragraph 9 of Plaintiff's Complaint
constitute conclusions of law to which no responsive pleading is required. To the extent
that said averments constitute factual averments are not conclusions of law, same are
denied. It is specifically denied that the collision which ensued between the two
vehicles was not due to the negligence, recklessness or carelessness of Jennifer
Maschmeyer. Strict proof, if relevant, is demanded upon the trial of the matter.
10. The averments in Paragraph 10 of Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is required. To the extent that said
averments do not constitute conclusions of law are fact specific, same are denied in
accordance with Pa.R.C.P. 1029(e). Strict proof, if relevant, is demanded upon the trial
of the matter.
11 - 14. The averments in Paragraphs 11 through 14 of Plaintiff's Complaint
constitute conclusions of law to which no responsive pleading is required. To the extent
that said averments are fact specific and do not constitute conclusions of law, same are
specifically denied. Strict proof, if relevant, is demanded upon the trial of the matter.
WHEREFORE, Defendant, Marlin L. Hippensteel, Jr., respectfully requests that
this Honorable Court dismiss Plaintiff's Complaint with prejudice, award him the costs of
this action and such further relief as this Honorable Court deems appropriate.
NEW MATTER
15. Paragraphs 1 through 14 of Defendant's Answer and New Matter are
incorporated herein, as if set forth at length.
16. To the extent that facts developed during the course of discovery may
implicate, Plaintiff's claims are barred, in whole or in part, by the provisions of
Pennsylvania Motor Vehicle Responsibility Law.
17. To the extent that facts developed during the course of discovery may
implicate, Plaintiff's injuries and losses, if any, were caused by persons or events
outside the control of the Defendant.
18. To the extent that facts developed during the course of discovery may
implicate, Plaintiff is barred by the doctrine of laches and unclean hands from the relief
requested.
19. To the extent that facts developed during the course of discovery may
implicate, Plaintiff is barred and/or limited by the provisions of the Pennsylvania
Comparative Negligence Act, 42 P.C.S.A. § 4102.
20. To the extent that facts developed during the course of discovery may
implicate, Plaintiff, Craig Maschmeyer, was contributorily negligent and/or assumed the
risk of injury.
21. To the extent that facts developed during the course of discovery may
implicate, the negligent acts and/or omissions of other individuals or entities constitutes
an intervening or superseding cause of the injuries alleged to have been sustained by
the Plaintiff.
22. To the extent that facts developed during the course of discovery may
implicate, Plaintiff's alleged injuries were caused by the acts and/or omissions of a
person or persons other than Defendant.
23. To the extent that facts developed during the course of discovery may
implicate, Plaintiff may have already entered into a Release with other individuals or
entities which has the effect of discharging any liability of the Defendant.
24. Plaintiff's injuries and/or damages are insufficient as a matter of law to
constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor
Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiff is therefore
barred from any recover of non-economic losses.
WHEREFORE, Defendant, Marlin L. Hippensteel, Jr., respectfully request this
Honorable Court to enter a judgment in their favor and against the Plaintiff, Craig
Maschmeyer, and dismiss Plaintiff's Complaint with prejudice and further award
Defendant all such other relief as is just and proper.
Respectfully submitted:
McKissock & Hoffman, ~
\/
B. Craig ~j~ck, Esq~
Attorne~D. #36818 '
Edwin A. D. Schwartz, Esquire
Attorney I.D. #75902
2040 Linglestown Road
Suite 302
Harrisburg, PA 17101
(717) 540-3400
Date: i ~- ~1- o I Attorneys for Defendant,
Marlin L. Hippensteel, Jr.
VERIFICATION
I, Marlin L. Hippensteel, Jr., hereby verifies that the statements in Defendant,
Marlin L. Hippensteel, Jr.'s Answers and New Matter to Plaintiff's Complaint are true
and correct to the best of my information, knowledge and belief. I understand that the
statements are made subject to the penalties of PA.C.S. Section 4904, relating to the
unsworn falsification to authorities.
Bated:
Marlin L. Hip'pen~eel, Jr.
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Answer and
New Matter upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a
copy of same in the United States Mail, first-class postage prepaid, addressed as
follows:
Brian McCall, Esquire
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff)
McKissock & Hoffman, P.C.
BY:B. Crai[ji,~Jla~k, Esquire~-'"-'~'~
Attorn~y/r.D. #36818 /
Edwin-A.D. Schwartz, Esquire
Attorney I.D. #75902
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendant,
Marlin L. Hippensteel, Jr.
Date:
Craig Maschmeyer,
Plaintiff
Marlin Hippensteel, Jr.,
Defendant
Jennifer Maschmeyer,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend 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 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 THAT 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 CNA GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
(717) 249-3166
Craig Maschmeyer,
Plaintiff
Marlin Hippensteel, Jr.,
Defendant
Jennifer Maschmeyer,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
DEFENDANT~ MARLIN L. HIPPENSTEEL'S JOINDER COMPLAINT
AGAINST ADDITIONAL DEFENDANT~ JENNIFER MASCHMEYER
Defendant, Marlin L. Hippensteel, by and through his attorneys, McKissock &
Hoffman, P.C., file this Complaint against Additional Defendant, Jennifer Maschmeyer,
wherein the following is a statement:
1. Additional Defendant, Jennifer Maschmeyer, is an adult individual who
currently resides at 1919 Esther Road, Carlisle, Cumberland County, Pennsylvania
17013.
2. On or about December 12, 2001, Plaintiff, Craig Maschmeyer, filed a
Complaint against Defendant, Marlin L. Hippensteel, a copy of which is attached hereto
as Exhibit "A".
3. On or about January 2, 2002, Defendant filed his Answer and New Matter
to Plaintiff's Complaint, a copy of which is attached hereto as Exhibit "B".
4. Plaintiff, Craig Maschmeyer, alleges that he suffered injuries and damages
due to an automobile accident which occurred on September 17, 1999, on South Street
in Carlisle Borough, Cumberland County, Pennsylvania.
5. Plaintiff, Craig Maschmeyer, alleges that the accident occurred as a result
of the negligence of Defendant, Marlin L. Hippensteel, in the operation of his vehicle on
the aforesaid date and time.
6. Defendant, Marlin L. Hippensteel, denies that the subject automobile
accident was due to the negligence of Defendant.
7. Defendant, Marlin L. Hippensteel, alleges that the accident was caused by
the negligence, carelessness and fault of Additional Defendant, Jennifer Maschmeyer,
in the operation of the vehicle which she controlled and in which Plaintiff, Craig
Maschmeyer, was a passenger.
8. Additional Defendant, Jennifer Maschmeyer's, negligence included the
following, inter alis ....
(a)
Operating a motor vehicle in willful and wanton
disregard and property of others in violation of 75 Pa.
C.S.^. § 3736(a);
(b)
Operating a motor vehicle in a reckless manner in
violation of 75 Pa. C.S.A. § 3736(a);
(c)
Operating a motor vehicle without regard to traffic
control signals in violation of 75 Pa. C.S.A. § 311 l(a);
(d)
Operating a motor vehicle at an unsafe speed in
violation of 75 Pa. C.S.A. § 3361;
(e)
Failing to stop at a steady red light in violation of 75
Pa. C.S.A. § 3112(a)(3)(i);
(f)
Failing to keep a proper lookout for motor vehicles
before entering an intersection; and
(g)
Failing to operate a motor vehicle in such a manner
as to avoid causing a collision.
9. If Plaintiff sustained any injuries and/or damages as a result of the
accident, which injuries and damages are specifically denied, the injuries and/or
damages are the result of the carelessness, recklessness and negligence of Additional
Defendant, Jennifer Maschmeyer.
10. If Plaintiff sustained any injuries or damages as a result of said accident,
said injuries and damages being specifically denied, Additional Defendant, Jennifer
Maschmeyer, is solely, jointly and/or severly liable to Plaintiff or liable over to Defendant
on the causes actions declared upon by the Plaintiff.
WHEREFORE, Defendant, Marlin L. Hippensteel, respectfully requests that this
Honorable Court find Additional Defendant, Jennifer Maschmeyer, solely liable to the
Plaintiff, jointly and/or separately liable to the Plaintiff, or liable to the Defendant for
contribution indemnity, and any and all liability of Defendant is specifically denied.
Respectfully submitted:
McKissock & Hoffman, P.C.
Date:
By:
B. Cra/[g'l~l~c~,~ssquir~ ~
Attor er~y~.D. ~No._9~,.~
Edwin A.D. S(~hwartz, Esquire
Attorney I.D. No. 75902
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendant,
Marlin L. Hippensteel, Jr.
VERIFICATION
I, Madin L. Hippensteel, Jr., hereby verifies that the statements in Defendant,
Marlin L. Hippensteel, Jr.'s Joinder Complaint Against Additional Defendant, Jennifer
Maschmeyer, are true and correct to the best of my information, knowledge and belief. I
understand that the statements are made subject to the penalties of PA.C.S. Section
4904, relating to the unsworn falsification to authorities.
Dated:
Marlin L. t-fipp~'nsteel, Jr.
Exhibit "A"
CRAIG M. MASCHMEYER,
Plaintiff,
V.
MARLIN L. HIPPENSTEEL, JR.,
l~fendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-5228
:
: CIVIL ACTION - LAW
:
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend the claim~ set forth in the
following pages, you must take action within twenty (20) days aiter this Complaint and Notice are
served, by entering a written appearance personally or by 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 im.~rtant to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Penn.~Ivania
(717) 249-3166
CRAIG M. MASCHMEYER,
Plaintiff,
V.
MARLIN L. HIPPENSTEEL, JR.,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO.: 01-5228
:
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
COMPLAINT
NOW COMES Piaintifl~ Craig M. Maschmeyer, by and through his attorneys,
TOMASKO & KORANDA, P.C., and files the following Complaint against Defendant, Marlin L.
Hippensteel, averring:
Parties
1. Plaintiff; Craig M. Masehmeyer, is an adult individual currently residing at 1919
Esther Drive, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant, Marlin L. Hippensteel, is an adult individual currently residing at 131
North West Street, Carlisle, Cumberland County, Pennsylvania, 17013.
Venue and Juri~dietion
3. Venue is proper in this judicial district pursuant to pm R.C.p. 1006.
4. The monetary damages claimed by Plaintiffs in the instant action exceed the
jurisdictional limit for compulsory arbitration pursuant to the Local Rules of this Court.
5. On September 17, 1999, at approximately 0227 hours, Plaintiffwas the rear seat
passenger in a vehicle owned and operated by Jennifer Masehmeyer. Jennifer Maschmeyer was
operating the motor vehicle in an eastbound direction on West South Street, near its intersection
with South Hanover Street, irt,Carlisle, Cumberland County, Pennsylvania
6. On the above date and time, Defendaat was operating a motor vehicle in a
southbound direction on South Hanover Street, near its intersection with West South Street, in
Carlisle, Cumberland County, Pennsylvania.
7. The aforementioned intersection is regulated by traffic control signals exhibiting
different colored fights for each direction of traveL
8. As the Maschmeyer vehicle was.proceeding through the aforementioned
intersection with the green light, the motor vehicle was suddenly and unexpectedly struck on the
left front driver's side by the motor vehicle operated by Defendant, who had run a red light.
Count I: N Ii enee
9. The aforementioned collision occurred solely as the result of the negligence,
recklessness and carelessness of Defendant, and was due in no manner whatsoever to any act or
failure to act on the part of Plaintiffor Jennifer Maschineyer.
10. The aforementioned negligence, recklessness and carelessness of Defendant
consisted of the following:
(a) Operating a motor vehicle in willful and wanton disregard for the safety of
persons and property of others in violation of 75 Pa. C.S.A. § 3736(a);
Co) Operating a motor vehicle in a reckless manner in violation of 75 Pa.
C.S.A. § 3736(a);
(c) Operating a motor vehicle without regard to traffic control signals in
violation of 75 Pa. C.S.A. § 311 l(a);
(d) Operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A.
§ 336~;
-2-
(e) Failing to stop at a steady red light in violation of 75 Pa. C.S.A. §
3112(a)(3)(i);
(f) Failing to keep a proper lookout for motor vehicles before crossing an
intersection; and
(g) Failing to operate a motor vehicle in such a manner as to avoid causing a
collision.
11. As a direct and proximate result of the negligence, carelessness and recklessness of
Defendant, Plaintiff suffered Severe low back sprain/strain with chronic pain and limitations, which
may be permanent.
12. As a direct and proximate result of the negligence, carelessness and reeldessness of
Defendant, Plaintiffhas required medical treatment and has incurred expenses in connection
therewith for medicines, medical care, hospitalization, physical therapy, and other medical services
for which a claim is hereby made.
13. As a direct and proximate result of the negligence, recklessness and carelessness of
the Defertclant, Plaintiffhns suffered in the past and may in the future continue to suffer
excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment,
disfigurement and deformities for which a claim is hereby made.
14. As a direct and proximate result of the negligence, recklessness and carelessness of
the Defendant, Plalntiffhns in the past been and may in the future be disabled from performing his
usual duties, occupations, and avocations with a consequent loss of earnings, earning power and
earning potential for which a claim is hereby made.
WHEREFORE, Plaintiff, Craig M. Maschngyer, demands damages of Defendant, Marlin
-3-
L. Hippensteel, Jr., in an amount in excess of the amount required for compulsory arbitration
pursuant to the Local Rules of this Court, plus costs of suit and delay cl~mges.
TOMASKO'& KORAN-DA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: (717) 238-1100
,' 1
~ ~ PA ID#83030~
VERIlVlCATION
I hereby verify that the statements of fact made in the foregoing document are true and
correct to the best ofmy knowledge, information, and belief. I understand that any false
statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to
unswom ~l~ifieation to authorities.
Dated:
CERTIFICATE OF SERVICE
AND NOW, this /o~ of December, 2001, I, Brian A. McCall, Esquire, attorney for the
Plaintiff~ hereby certify that I served the within COMPLAINT thi.~ day by:
United States Mail, first class, postage prepaid, addressed to:
~. craig ~k, Esq,~r~
McKISS0CK & HOFFMAN, P.e.
2040 Linglestown Road
Harrisburg, PA 17110
Attorney for Defendant
Exhibit "B"
Craig Maschmeyer,
Plaintiff
Marlin Hippensteel, Jr.,
Defendant
To-'
Craig Maschmeyer
c/o Brian McCall, Esquire
219 State Street
Harrisburg, PA 17101
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed Answer and New Matter
pursuant to Pa.R.C.P. 1030 within 20 days from service hereof or a default judgment
may be entered against you.
ANSWER AND NEW MATTER OF MARLIN L. HIPPENSTEEL~ JR.
TO PLAINTIFF'S COMPLAINT
AND NOW comes Defendant, Marlin L. Hippensteel, Jr., by and through his
attorneys, McKissock & Hoffman, P.C., and files th~ following Answer and New Matter
to Plaintiff's Complaint wherein the following is a statement:
1. Denied. After reasonable investigation, Defendant is of insufficient
knowledge and information to form a belief as to the truth of the averments contained in
Paragraph I of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial
of the matter.
2. Admitted.
3. The averments in Paragraph 3 of Plaintiffs Complaint constitute a
conclusion of law to which no responsive pleading is required.
4. ~The averments in Paragraph 4-of.Plaintiff's Complaint con~itute a legal
conclusion to which no responsive pleading is required. To the extent that the
averments in P~aragraph 4 of Plaintiffs COmPlaint are factua in nature, do not constitute
conclusions of law same or denied. After reasonable investigation, Answering
Defendant is of insufficient' knowledge and information to form a belief as to the truth of
the averments contained in Paragraph 4 of Plaintiffs Complaint. Stdct proof, if relevant,
is demanded upon the tdal of the matter.
5. Admitted in part, denied in part. It is admitted on September 17, 1999 at
approximately 2:27 hours, Jennifer Maschmeyer was operating a 1996 Chrysler Sierras
automobile in an eastbound direction on West South Street at or near its intersection
with South Hanover Street in Carlisle, Cumberland County, Pennsylvania. The
remaining averments contained in Paragraph 5 of P ant ff's COmplaint are denied. After
reasonable investigation, Answering Defendant is of insufficient knowledge and
information to form a belief as to the truth of the remaining averments contained in
Paragraph 5 of Plaintiffs Complaint. Strict proof, if relevant, is demanded upon the trial
of the matter.
6. Admitted.
7. Admitted.
8. Denied. The averments of Paragraph 8 of Plaintiff's Complaint are
denied. To the contrary, the motor vehicle operated by Jennifer Maschmeyer suddenly
and unexp(~ctedly struck the vehicle operated by Defendant on the left (passenger side)
rear of Defendant's vehicle. The remaining a_verments in Paragraph 8-of Plaintiff's
Complaint constitute conclusions of law to which no responsive pleading is required.
Strict proof, if re_leVant, is demanded upon:!he tdal of the matter.
9. Denied. The'averments contained in Paragraph 9 of Plaintiff's Complaint
constitute conclusions of law to which no responsive pleading is required. To the extent
that said averments constitute factual averments are not conclusions of law, same are
denied. It is specifically denied that the collision which ensued between the two
vehicles was not due to the negligence, recklessness or carelessness of Jennifer
Maschmeyer. Stdct proof, if relevant, is demanded upon the tdal of the matter.
10. The averments in Paragraph 10 df Plaintiff's Complaint constitute
conclusions of law to which no responsive pleading is requir~d~i' To the extent that said
averments do not constitute conclusions of law are fact specific, same ara denied in
accordance with Pa.R.C.P. 1029(e). Strict proof, if relevant, is demanded upon the trial
of the matter.
11 - 14. The averments in Paragraphs 11 through 14 of Plaintiff's Complaint
constitute conclusions of law to which no responsive pleading is required. To the extent
that said a~erments are fact specific and do not constitute conclusions of law, same ara
specifically d~nied. Strict proof, if relevant, is-demanded upon the trial oft~e matter.
WHEREFORE, Defendant, Marlin L... Hippensteel, Jr., respectfully requests that
this Honorable Court dismiss Plaintiff's Complaint with prejudice, award him the costs of
this action and such further relief as this Honorable Court deems appropriate.
NEW MA'II'ER.
15. Paragraphs 1 through 14 of Defendant's Answer and New Matter are
incorporated herein, as if set forth at length.
16. To the extent that facts developed daring the course of discovery may
implicate, Plaintiff's claims are barred, in whole or in p~rt, by the provisions of
Pennsylvania Motor Vehicle Responsibility Law.
17. To the extent that facts developed during the course of discovery may
implicate, Plaintiff's injuries and losses, if any, were caused by persons or events
outside the control of the Defendant.
18. To the extent that facts developed dudng the course of discovery may
implicate, Plaintiff is barred by the doctrine of laches and unclean hands from the relief
requested.
19.
implicate, Plaintiff is barred and/or limit, ed by the provisions of the Pennsylvania
Comparative Negligence Act, 42 P.C.$.A. § 4102.
To the extent that facts developed dudng the course of discovery may
20. To the extent that facts developed dudng the course of discovery may
implicate, Plaintiff, Craig Maschmeyer, was contributorily negligent and/or assumed the
dsk of injury.
21. To the extent that facts developed during the course of discovery may
implicate, the negligent acts and/or omissions of other individuals or entities constitutes
an intervening or superseding cause of the injuries 'alleged to have been sustained by
the Plaintiff.
22. To the extent that facts developed during the course of discovery may
implicate, Plaintiff's alleged injuries were caused by the acts and/or omissions of a
person or persons other than Defendant,
23. To the extent that facts developed dudng the course of discovery may
implicate, Plaintiff may have already entered into a Release with other individuals or
entlbes.wh~ch has the effect of d~scharg~ng any liability of the Defendant.
24. Plaintiff's injuries and/or damages are insufficient as a matter of law to
constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor
Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiff is therefore
barred from any recover of' non-economic losses.
WHEREFORE, Defendant, Madin L. Hippensteel, Jr., respectfully request this
Honorable Court to enter a judgment in their favor and against the Plaintiff, Craig
Maschmeyer, and dismiss Plaintiff's Complaint with prejudice and further award
Defendant all such other relief as is just and proper.
Date:
Respectfull~ submitted:
cKissock & Hoff~ah~ ~
B. Craig Ack, Esq._u~
Attorne:l~l<O. #36818
Edwin A. D. Schwartz, Esquire
Attorney I.D. #75902
2040 Linglestown Road
Suite 302
Harrisburg, PA 17101
(717) 540-3400
Attorneys for Defendant,
Marlin L. Hippensteel, Jr.
VERIFICATION
I, Marlin L. Hippensteel, Jr., hereby verifies that the statements in Defendant,
Marlin [:. Hippensteel, Jr.'s Answers and New Matter to Plaintiff's Complaint are true
and correct to the best of my information, kn~)wledge and belief. I understand that the
statements are made subject to the penalties of PA.C.S. Section 4904, relating to the
unswom falsification to authorities.
Bated:
Marlin L. H~ppen~eel, Jr.
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Answer and
New Matter upon the person(s) and in the manner indicated below, which service
satisfies the ~'equirements of the Pennsylvania RUles of Civil Procedure, by depositing a
copy of same in the United States Mail, first-class postage prepaid, addressed as
follows:
Bdan McCall, Esquire
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff}
Date:
McKissock & Hoffman, P.C.
BY:B. Crai~a&, Esqb~re-r~"~
attom~jc~r.D. #36818 ,/ -
Edwin-A.D. Schwartz, Esquire
Attomey I.D. #75902
2040 Linglestown Road
Suite 302 .
Harrisburg, PA 17110
(717) 54O-34OO
Attorneys for Defendant,
Marlin L. Hippensteel, Jr.
CERTIFICATE OF SERVlCF
I hereby certify that I am this day serving a copy of the foregoing Joinder
Complaint Against Additional Defendant, Jennifer Maschmeyer, upon the person(s) and
in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United
States Mail, first-class postage prepaid, addressed as follows:
Brian McCall, Esquire
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff)
Date:
McKissock & Hoffman, P.C.
B. Crai~E~la~'k, E~
Attor~y_/l'.D. #36818
Edwin"A.D. Schwar',~.~quire
Attorney I.D. #75902
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendant,
Marlin L. Hippensteel, Jr.
CRAIG M. MASCHMEYER,
Plaintiff;
V.
MARLIN L. HIPPENSTEEL, JR.,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-5228
:
: CIVIL ACTION - LAW
:
: JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER
AND NOW, comes the Plaintiff; Craig M. Masehmeyer, by and through his attorneys,
Tomasko & Koranda, P.C., and files Plaintiff's Reply to Defendant's New Matter as follows:
1-15. The allegations contained in Paragraph Nos. 1-14 of the Complaint are
incorporated herein by reference as if fully set forth at lengttL
16. Denied. The allegations of this paragraph constitute eonelnsions of law to which
no responsive pleading is required and accordingly, the same are denied and strict proof thereof is
demanded at trial. To the extent that a further answer is required, the allegations of this
paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e).
17. Denied. The allegations of this paragraph constitute conclusions of law to which
no responsive pleading is required and accordingly, the same are denied and strict proof thereof is
demanded at trial. To the extent that a further answer is required, the allegations of this
paragraph are specifically denied pursuant to Pa. 1LC.P. 1029(e). By way of further answer, see
Paragraphs 9 and 10 of Plaintiff's Complaint.
18. Denied. The allegations of this paragraph constitute conelnsions of law to which
no responsive pleading is required and accordingly, the same are denied and strict proof thereof is
demanded at trial. To the extent that a further answer is required, the allegations of this
paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e).
19. Denied. The allegations of this paragraph constitute conclusions of law to which
no responsive pleading is required and accordingly, the same are denied and strict proof thereof is
demanded at trial. To the extem that a further answer is required, the allegations of this
paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, see
Paragraphs 9 and 10 of Plaintiff's Complaint.
20. Denied. The allegations of this paragraph constitute conclusions of law to which
no responsive pleading is required and accordingly, the same are denied and strict proof thereof is
demanded at trial. To the extent that a further answer is required, the allegations of this
paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, see
Paragraphs 9 and 10 of Plaintiff's Complaint.
21. Denied. The allegations of this paragraph constitute conclusions of law to which
no responsive pleading is reqtfired and accordingly, the same are denied and strict proof thereof is
demanded at trial. To the extent that a further amwer is required, the allegations of this
paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, see
Paragraphs 9 and 10 of Plaintiff's Complaint.
22. Denied. The allegations of this paragraph constitute conclusions of law to which
no responsive pleading is required and accordingly, the same are denied and strict proof thereof is
demanded at trial. To the extent that a further answer is required, the allegations of this
paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, see
Paragraphs 9 and 10 of Plaintiff's Complaint.
23. Denied. The allegations of this paragraph constitute conclusions of law to which
-2-
no responsive pleading is required and accordingly, the same are denied and strict proof thereof is
demanded at trial. To the extent that a further answer is required, the allegations of this
paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, see
Paragraphs 9 and 10 of Plaintiff's Complaint.
24. Denied. The allegations of this paragraph constitute conclusions of law to which
no responsive pleading is required and accordingly, the same are denied and strict proof thereof is
demanded at trial. To the extent that a further answer is required, the allegations of this
paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e).
WHEREFORE, Plaintiff, Craig M. Maschmeyer, demands judgment against and damages
of the Defendant, in an mount in excess of the amount required for compulsory arbitration
pursuant to the Local Rules of this Court, together with all costs of suit and delay damages
inclusive thereof, and any and all other relief ordered by this Court.
Date:
Respectfully submitted,
TOMASKO & KORANI~A, ~1~4
219 State Street
Harrisburg, PA 17101
^. McC=
-3-
VERIFICATION
I hereby verify that the information as set forth in the foregoing Plaintiff's Reply to
Defendant's New Matter is true and correct to the best of my knowledge, information and belief.
Moreover, Defendant's New Matter contains no averments of fact such that verification by a
party is not required under Rule 1024. I understand that false statements contained herein are
Pa.C.S.A. §4904 relating to unswom fals' ' nt~ ~es.
made subject to penalties of 18 relating to~ unswom f~ \
DATED:
'/7 McC/ -
y for Plaintiffs
CRAIG M. MASCHMEYER,
Plaintiff,
V.
MARLIN L. HIPPENSTEEL, JR.,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-5228
:
: CIVIL ACTION - LAW
:
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Brian A. McCall, Esquire, hereby certify that I am this day serving the foregoing
Plaintiffs Reply to Defendants' New Matter upon the person and in the manner indicated below:
Service by first class mail addressed as follows:
B. Craig Black, Esquire
McKISSOCK & HOFFMAN, P.C.
2040 Linglestown Road
Harrisburg, PA 17110
Attorneys for Defendant
Date: ¢/2-
TOMASKO & KORANDA, P.C.
Attorneys for Plaintiff
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2001-05228 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MASCHMEYER CRAIG M
VS.
HIPPENSTEEL MARLIN L JR
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named ADD'TL DEFEND ,MASCHMEYER JENNIFER ,
by United States Certified Mail postage
prepaid, on the 10th day of January ,2002 at 0000:00 HOURS, at
3920 PRESERVED INDIGO RUN
HILTON HEAD, SC 27928
and attested copy of the attached WRIT OF SUMMONS
with
, a true
Together
The returned
receipt card was signed by RETURNED "UNCLAIMED"
00/00/0000
Additional Comments:
on
Sheriff's Costs:
Docketing 18.00
Cert Mail 4.86
Mileage 3.45
Surcharge 10.00
.00
36.31
Paid by MCKISSOCK & HOFFMAN
Sworn and subscribed to before me
this~_~_day of t ~
SO ar{sw~s: /p _ <~--~
/R. Thomas Kline
Sheriff of Cumberland County
on 02/12/2002
Craig Maschmeyer,
Plaintiff
V.
Marlin Hippensteel, Jr.,
Defendant
V.
Jennifer Maschmeyer,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend 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 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 THAT 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 CNA GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
(717) 249-3166
TRUE COPY FROM
le T~,imm~y ~v~ereof. ! ~re u~o
CERTIFICATE OF SERVlCF
I hereby certify that I am this day serving a copy of the foregoing Joinder
Complaint Against Additional Defendant, Jennifer Maschmeyer, upon the person(s) and
in the manr~er indicated below, which service .satisfies the requirer~ents of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United
States Mail, first_-class postage prepaid, addressed as follows:
Brian McCall, Esquire
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff)
Date:
McKissock & Hoffman, P.C.
B. CraiJ~a~k, Esq~
Attorr~y~r.D. #36818
Edwirl'A.D. Schwa~quire
Attorney I.D. #75902
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendant,
Marlin L. Hippensteel, Jr.
Craig Masch~.eyer,
Plaintiff
V.
Marlin HipPenst_oe ,' Jr.,
Defendant
V,
Jennifer Maschmeyer,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
DEFENDANT~ MARLIN L. HIPPENSTEEL'S JOINDER COMPLAINT
AGAINST ADDITIONAL DEFENDANT~ JENNIFER MASCHMEYER
Defendant, Marlin L. Hippensteel, by and through his attorneys, McKissock &
Hoffman, P.C., file this Complaint against Additional Defendant, Jennifer Maschmeyer,
wherein the following is a statement:
1. Additional Defendant, Jennifer Maschmeyer, is an adult individual who
currently resides at 1919 Esther Road, Carlisle, Cumberland County, Pennsylvania
17013.
2. On or about December 12, 2001, Plaintiff, Craig Maschmeyer, filed a
Complaint against Defendant, Marlin L. Hippensteel, a copy of which is attached hereto
as Exhibit "A".
3. On or about January 2, 2002, Defendant filed his Answer and New Matter
to Plaintiff's Complaint, a copy of which is attached hereto as Exhibit "B".
4. 'Plaintiff, Craig Maschmeyer, alleges that he suffered injurieS'~nd damages
due to an automobile accident which occurred on September 17, 1999, on South Street
in Carlisle 'Bom_ugh', Cumberland County, Pennsylvania.
5. Plaintiff, Craig Maschmeyer, alleges that the accident occurred as a result
of the negligence of Defendant, Marlin L. Hippensteel, in the operation of his vehicle on
the aforesaid date and time.
6. Defendant, Marlin L. Hippensteel, denies that the subject automobile
accident was due to the negligence of Defendant.
7. Defendant, Marlin L. Hippensteel, alleges that the accident was caused by
the negligence, carelessness and fault of Additional Defendat~t, Jennifer Maschmeyer,
in the operation of the vehicle which she controlled and in which Plaintiff, Craig
Maschmeyer, was a passenger.
8. Additional Defendant, Jennifer Maschmeyer's, negligence included the
following, inter alis ....
(a)
Operating a motor vehicle in willful and wanton
disregard and property of others in violation of 75 Pa.
C.S.A. § 3736(a);
Operating a motor vehicle in a reckless manner in
violation of 75 Pa. C.S.A. § 3736(a);
(c) Operating a motor vehicle without regard to traffic
control signals in violation of 75 Pa. C.S.A. § 3111 (a);
(d)
(e)
Operating a motor vehicle at an unsafe speed in
violation of 75 Pa. C.S.A. § 3361;
Failing to stop at a steady red light in violation of 75
Pa. C.S.A. § 3112(a)(3)(i);
(f)
Failing to keep a proper lookout for motor vehicles
before entering an intersection; and
(g)
Failing to operate a motor vehicle in such a manner
as to avoid causing a collision.
9. If Plaintiff sustained any injuries and/or damages as a result of the
accident, which injuries and damages are specifically denied, the injuries and/or
damages are the result of the carelessness, recklessness and negligence of Additional
Defendant, Jennifer Maschmeyer.
10. If Plaintiff sustained any injuries or damages as a result of said accident,
said injuries and damages being specifically denied, Additional Defendant, Jennifer
Maschmeyer, is solely, jointly and/or severly liable to Plaintiff or liable over to Defendant
on the causes actions declared upon by the Plaintiff.
WHEREFORE, Defendant, Madin L. Hippensteel, respectfully requests that this
Honorable Court find Additional Defendant, Jennifer Maschmeyer, solely liable to the
Plaintiff,.joi~tly and/or separately liable to the Plaintiff, or liable to the Defendant for
contribution ir~demnitY, and any and all liability-of Defendant is specifically a~nied.
Respectfully submitted:
_ McKissock & Hoffman, P.C.
Date:
B. Cra~l~l~ck, Esquir~ ~
Attor er(eY~.D. ~
Edwin A.D. Schwartz, Esquire
Attorney I.D. No. 75902
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendant,
Marlin L. Hippensteel, Jr.
VERIFICATION
I, Madin L. Hippensteel, Jr., hereby verifies that the statements in Defendant,
Marlin L.. Hippensteel, Jr.'s Joinder Complaint Against Additional Defendant, Jennifer
Maschmeyer,-~are true and correct to the best of my information, knowledge-end belief. I
understand that the statements are made subject to the penalties of PA.C.S. Section
4904, relating to the unswom falsification ~to authorities.
Dated:
Ma~n L. I-lipp~'nsteel, Jr.
Exhibit "A"
CRAIG M. MASCHMEYER,
P aint
Vo t
MARLIN L. HIPPL~STEEL, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5228
: CIVIL ACTION- LAW
: JIJRY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend the claims set forth in the
following pages, you must take action within twenty (20) days after thi.~ Complaint. and Notice are
serve enter g a w iaen appearance sonany or by defenses or objections to the chlr~ set
forth against you. You are warned that ifyou fail to do so the case may proceed without you and
a judgment may be entered aga/nst you by the Court w/thom further notice for any money claimed
in the CompLaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
~ OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
(717) 249-3166
CRAIG M. MASCHMEYER,
Plaintiff~
V.
MARLI~I L. HIPPENSTEEL, JR.,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBE~ COUNTY, PENNSYLVANIA
: NO.: 01-5228
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
COMPLAINT
NOW COMES Ph~tiff~ Cr~ M. Mas~h~er, by ~d through his ~o~
TO--KO & KO~.P.c., ~ ~es ~ fo~o~ &~t ~ng ~, M~ L.
~~ av~ng:
Pa~
1. P~ C~ ~. ~-~, ~ ~ ~ ~ c~ ~ at 1919
E~r ~ve, ~le, ~~ ~, P~n~1~n~n. 17013.
2. ~~ ~ L. ~~ ~ ~ ~t ~nnl c~t~ ~ at 131
No~ W~ S~t, ~, ~~ ~, Pe~l~ 1701~.
Venue and Ju~i~on
V~ue ~ pro~r ~ thi~ j~c~ ~ct p~ to P~ ~C.P. 1~.
4. ~ ~ ~ c~ ~ P~t~ ~ ~ ~ ~ion ex~ ~
~ctio~ ~ for ~~ ~b~tion p~t to ~e ~ R~es ofthi~ Co~.
Factual Bac~und
5. On S~tem~r 17, 1 ~9, at appro~te~ 0227 ~s, Phlnt~ ~ ~e ~ ~t
~er ~ a ve~le o~ed ~ o~t~ by Jennif~ ~yer. Jenni~ ~yer w~
o~g ~e ~tor ve~cle ~ ~ ~ d~tion on We~ Sou~ S~t, ~ R~ ~ter~tion
~ Sou~ H~v~ S~t, ~,~le, ~~ Co~, Pe~l~.
6. On the above date and time, Defendant was operating a motor vehicle in a
south~und direction on South Hanover Street, near its intersection with West South Street, in
Carllsle, Cumberland County, Penn~lvanim
7. : The' aforementioned intersection is regulated by trafl~c control signllls exhibiting
different colored lights for each direction of traveL
8. As the Maseluneyer vehicle was.procccding through the aforementioned
intersection with the green light, the motor vehicle was suddenly and unexpectedly struck on the
let~ from driver's side by the.motor vehicle operated by Defendant, who had nm a red light.
Count I: Neuli~_enee
9. The aforementioned collision occurred solely as the result of the negligence,
reeklessneas and carelessness of Defendant, and was due in no manner whatsoever to any act or
~ilure to act on the part of Plaintiffor Jennifer Maseluneyer.
10. The aforementioned negligence, recklessness and carelessness of Defer~aont
consisted of the following:
(a) Operating a motor vehicle in willful and wanton ai.~egard for the safety of
persons and property of others in violation of 75 Pa. C.S.A. § 3736(a);
(b) Operatin~ a motor vehicle in a reckless manner in violation of 75 Pa.
C.S.A. § 3736(a);
(e) Operating a motor vehicle without regard to tra~e control signals in
violation of 75 Pa. C.S.A. § 311 l(a);
(d) Operating a motor vehicle at an unsafe speed in viohtion of 75 Pa. C.S.A.
§ 3361;
-2-
(e) Failing to stop at a steady red light in viohtion of 75 Pa C.S.A. §
3112(aX3XO;
~ (f) Failing to keep a proper lookout for motor vehicles before crossing an
~ intersection; and ... --
(g) Fail~ng to operate a motor vehicle in such a manner as to avoid causing a
11. As a direct and proximate result of the negligence, carelessness and recklessness of
Defen~l,,t, Plaintiff suffered-Severe low lmek sprain/sa&in with chronic pain and l~ns, which
may be permanent.
12. As a direct and proximate result of the negligence, carelessness and ree~ of
Defendant, Plaintiffhas required medical trealmem and has incurred expenses in connection
therewith for medicine~ medical care, hospitalization, physical therapy, and other medical services
for which a claim is hereby made.
13. As a direct and proximate result of the neg~llgenee, recklessness and carelessness of
the Defer~ant, Plaintiffhas suffered in the past and may in the future continue to suffer
excruciating and ago,,i,ing aches, peim, mental anguish, humil~on, emlnrrassment,
disfiguremem and deformities for which a clair, is hereby made.
14. As a direct and proximate result of the negligence, recklessness and carelessness of
the Defendant, Piaintiffhas in the past been and may in the future be disabled from perfoiming his
usual duties, occupations, and avocations with a consequent loss of emnings, earning power and
earning potential for which a claim is hereby made.
WHEREFORE, Pi:drttiff; Craig M. Ma~hmeyer, demands d_a_mages of Defenclant, Marlin
L. Hippensteel, Jr., in an amount in excess of the amount required for compulsory arbitration
pursuant to the Local Rules ofthi.~ Court, plus costs of suit and delay damages.
Respectfully submitted,
TOMASKO& KORANDA, P.C. -
219 State Street
Harrisburg, PA 17101
Telephone: (717) 238-1100
VERIFICATION
I hereby verify that the statemems of fact made~ in the foregoing document-are true and
correct to the~ best of my ~k~wledge, information, and belie£ I ullderstalld that ally faine
stateme~ there_in ate ~bject to the lX~~ies eontai~ in 18 Pa.C.S~. §4904, relatln~ to
unswom fa!.~ifieatbn to authorities.
CERTIFICATE OF SERVICI~,
ANDNOW, this 1o~ of December, 2001, I, BrianA. McCall, Esquire, attorney for the
Plaintiff~ hereby ceiiit~j that I served the within COMPLAINT thi.~ day by: -
B. Craig Black, Esquire
McKISSOCK & HOFFMAN, P.C.
2040 Linglestown Road
Harrisburg, PA 17110
Attorney for Def~u~d~nt
Exhibit "B"
Craig Maschmeyer,
Plaintiff
Marlin 'Hippensteel, Jr.,
Defendant
To:
Craig Maschmeyer
c/o Brian McCall, Esquire
219 State Street
Harrisburg, PA 17101
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed Answer and New Matter
pursuant to Pa.R.C.P. 1030 within 20 days from service hereof or a default judgment
may be entered against you.
ANSWER AND NEW MATTER OF MARLIN L. HIPPENSTEEL~ JR.
TO PLAINTIFF'S COMPLAINT
AND NOW comes Defendant, Marlin L. Hippensteel, Jr., by and through his
attomeys, McKissock & Hoffman, P.C., and files th6 following Answer and New Matter
to Plaintiff's Complaint wherein the following is a statement: ', ''~'
1. Denied. After reasonable investigation, Defendant is of insufficient
knowledge and information to form a belief as to the truth of the averments contained in
Paragraph 1 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial
of the matter.
2. Admitted.
3. The averments in Paragraph 3 of Plaintiff's Complaint constitute a
conclusion of law to which no responsive pleading is required.
4. /~The' averments in Paragraph 4-of?laintiff's Complaint cor~titute a legal
conclusion to which no responsive pleading is required. To the extent that the
averments in P_aragraph 4 of Plaintiff's Co ,mplaint ara factual in nature, do not constitute
conclusions of law same or denied. After reasonable investigation, Answering
Defendant is of insufficient' knowledge and information to form a belief as to the truth of
the averments contained in Paragraph 4 of Plaintiff's Complaint. Strict proof, if relevant,
is demanded upon the tdal of the matter.
5. Admitted in part, denied in part. It is admitted on September 17, 1999 at
approximately 2:27 hours, Jennifer Maschmeyer was operating a 1996 Chrysler Sierras
automobile in an eastbound direction on West South Street at or near its intersection
with South Hanover Street in Carlisle, Cumberland County, 'Pennsylvania. The
remaining averments contained in Paragraph 5 of Plaintiff's C~plaint are denied. After
reasonable investigation, Answering Defendant is of insufficient knowledge and
information to form a belief as to the truth of the remaining averments contained in
Paragraph 5 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial
of the matter.
6. Admitted.
7. Admitted.
8. Denied. The averments of Paragraph 8 of Plaintiff's Complaint are
denied. To the contrary, the motor vehicle operated by Jennifer Maschmeyer suddenly
and unexpectedly struck the vehicle operated by Defendant on the left (passenger side)
rear of Defendant's vehicle. The remainin_g ayerments in ParagraphJ~' of Plaintiff's
Complaint constitute conclusions of law to which no responsive pleading is required.
Strict proof, if re_levant, is demanded upon.~e trial of the matter.
9. Denied. The'ave~-i¥~ents contained in Paragraph 9 of Plaintiff's Complaint
constitute conclusions of law to which n° responsive pleading is required. To the extent
that said averments constitute factual averments are not conclusions of law, same are
denied. It is specifically denied that the collision which ensued between the two
vehicles was not due to the negligence, recklessness or carelessness of Jennifer
Maschmeyer. Strict proof, if relevant, is demanded upon the trial of the matter.
10. The avef~ents in Paragraph 10 df Plaintiff's ~Complaint constitute
conclusions of law to which no responsive pleading is requir~i' To the extent that said
averments do not constitute conclusions of law are fact specific, same are denied in
accordance with Pa.R.C.P. 1029(e). Strict proof, if relevant, is demanded upon the trial
of the matter.
11 - 14. The averments in Paragraphs 11 through 14 of Plaintiff's Complaint
constitute conclusions of law to which no responsive pleading is required. To the extent
that said ;~,~erments are fact specific and do not constitute conclusions of law, same are
specifically d~nied. Strict prOOf, if relevant, is-demanded upon the trial of-t~e matter.
WHEREFORE, Defendant, Marlin L. Hippensteel, Jr., respectfully requests that
this Honorable Court dismiss Plaintiff's COmplaint with prejudice, award him the costs of
this action and such further relief as this Honorable Court deems appropriate.
NEW MATTER
15. Paragraphs 1 through 14 of Defendant's Answer and New Matter are
incorporated herein, as if set forth at length.
16. To the extent that facts developed daring the course of discovery may
implicate, Plaintiff's claims are barred, in whole or in .part, by the provisions of
Pennsylvania Motor Vehicle Responsibility Law.
17. To the extent that facts developed during the course of discovery may
implicate, Plaintiff's injuries and losses, if any, were caused by persons or events
outside the control of the Defendant.
18. To the extent that facts developed during the course of discovery may
implicate, Plaintiff is barred by the doctrine of laches and unclean hands from the relief
mdluested~.
19. To the extent that facts developed during the course of discovery may
implicate, Plaintiff is barred and/or limi.t, ed by the provisions of the Pennsylvania
Comparative Negligence Act, 42 P.C.S.A. § 4102.
20; To the extent that facts developed during the course of discovery may
implicate, Plaintiff, Craig Maschmeyer, was contributorily negligent and/or assumed the
risk of injury.
21. To the extent that facts developed during the course of discovery may
implicate, the negligentacts and/or omissions of other individuals or entities constitutes
an intervening or superseding cause of the injuries'alleged to have been sustained by
the Plaintiff. . ~
22. To the extent that facts developed during the course of discovery may
implicate, Plaintiff's alleged injuries were caused by the acts and/or omissions of a
person or persons other than Defendant.
23. To the extent that facts developed during the course of discovery may
implicate, Plaintiff may have already entered into a Release with other individuals or
entities.which has the effect of discharging any liability of the Defendant.
24. Plaintiff's injuries and/or damages are insufficient as a matter of law to
constitute a ,_serious injury" as defined:!n Section 1702 of the Pennsylvania Motor
Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1.702). Plaintiff is therefore
barred from any recover of' non-economic losses.
WHEREFORE, Defendant, Marlin L. Hippensteel, Jr., respectfully request this
Honorable Court to enter a judgment in their favor and against the Plaintiff, Craig
Maschmeyer, and dismiss Plaintiff's Complaint with prejudice and further award
Defendant all such other relief as is just and proper.
Date:
Respectfull~ submitted:
McKissock & Hoi'i'fi~a~'~
~,[tome~_J~. #3683 o
Edwin A. D. Schwartz, Esquire
Attorney I.D. #75902
2040 Linglestown Road
Suite 302
Harrisburg, PA 17101
(717) 540-3400
Attorneys for Defendant,
Marlin L. Hippensteel, Jr.
VERIFICATION
I, Marlin L. Hippensteel, Jr., hereby verifies that the statements in Defendant,
Ma'din .E. Rippensteel, Jr.'s Answers and New Matter to Plaintiff's Complaint are true
and correct:to the best of my information, knowledge and belief. I unde"~tand that the
statements are made subject to the penalties of PA.C.S. SectiOn 4904, relating to the
unswom falsification to authorities.
Bated:
CERTIFICATE OF SERVICE
I hereby certify-that I am this day serving a copy of the foregoing Answer and
New Matter upon the person(s) and in the manner indicated below, which service
satisfies the:'requimments of the Pennsylvania Rules of Civil Procedure, b~ depositing a
copy of same in the United States Mail, first-class postage .prepaid, addressed as
follows: ~.
Brian McCall, Esquire .
Tomasko & Koranda, P.C. ·
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff) ..
Date:
McKissock & Hoffman, P.C.
BY:B. Crai~a(~k, Esquire~"~-.....~
Attom~y,~r.D. #36818 / -
Edwin-A.D. Schwartz, Esquire
Attorney I.D. #75902
2040 Linglestown Road
Suite 302
Harrisburg, PA 171'1,0
(717) 540-3400
Attorneys for Defendant,
Marlin L. Hippensteel, Jr.
CRAIG MASCHMEYER,
Plaintiff
MARLIN HIPPENSTEEL, JR.,
Defendant
V.
JENNIFER MASCHMEYER,
Additional Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET #: 01-5228
CIVIL ACTION - LAW
AFFIDAVIT OF
RETURN OF SERVICE
On the .,o~__ day of
South Carolina, served the Notice and
Complaint Against Additional Defendant, Jennifer
Maschmeyer at 3820 Preserve @ Indigo Run, Hilton Head, South Carolina 29926 at
A.M./P.M.. Service was effectuated by personally hand delivering a
copy to ~,~J/U/,~'~ .,~,,~,J'~/~'/~y'E'~-. , at the above recited address.
/f_//',~/Z ~/-V' 2002, i,
, an adult individual, resident of the State of
Defendant Madin Hippensteel's Joinder
Maschmeyer, upon Jennifer
Date:~//O .2,
(s?gn~ture of Af~l~t)
Sworn and subscribed to before me
,.~~, 20O2.
The Bister Agency
14 Saltwind Dr
St Helena Island SC 29920
Craig Maschmeyer,
Plaintiff
Marlin Hippensteel, Jr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Affidavit of Return of
Service upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States Mail, first-class postage prepaid, addressed as follows:
Brian McCall, Esquire
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff)
Date:
BY:
McKissock & Hoffman, P.C.
B. Crai~,,l~
Supreme'Court I.D..;.J~. 36818
2040 Linglestowrr'Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendant,
Marlin Hippensteel, Jr.
Craig Maschmeyer,
Plaintiff
Marlin Hippensteel, Jr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
ENTRY OF APPEARANCE
Please enter my appearance as co-counsel on behalf of Defendant, Marlin
Hippensteel, Jr. in the above-captioned action.
Respectfully submitted,,//
M cKissock ~ H offm dF]'~/,~'~,
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Date:
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Entry of
Appearance upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a
copy of same in the United States Mail, first-class postage prepaid, addressed as
follows:
Brian McCall, Esquire
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff)
By:MCKiss°ck~/8~ffm~'~~°ffm , .C
Micha/e'l B. Volk, Esquire
Atto~hey I.D. No. 88553
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendant,
Madin Hippensteel, Jr.
Date:
ALEXANDER D. DONSON,
Plaintiff/Respondent
VS.
TRACEY L. DONSON,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2001-5733 Civil Term
:
: CIVIL ACTION - LAW
: IN DIVORCE
PLAINTIFFS ANSWER TO PETITION FOR ALIMONY,
ALIMONY PENDENTE LITE, COUNSEL FEES AND
COSTS AND EQUITABLE DISTRIBUTION
AND NOW COMES the Plaintiff/Respondent, ALEXANDER D. DONSON, by his
attorney, MAX J. SMITH, JR., Esquire, and respectfully Answers the Petition for Alimony,
Alimony Pendente Lite, Counsel Fees and Costs and Equitable Distribution as follows:
1.-3. Admitted.
COUNT I
ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS
4. Denied. It is denied that Defendant will be put to considerable expense in the
preparation of her case in the employment of counsel and payment of costs.
5. Denied. Defendant is employed and is able to adequately support herself and to
meet the costs and expenses of this litigation and is able to appropriate maintain herself during
the pendency of this action. ~
6. Admitted in part, denied in part. It is admitted that Plaintiff is self employed. It
is denied that Plaintiff earns at least $70,000 gross annually, as his actual earnings are
considerably less.
7. Denied. Plaintiff is without knowledge of the truth of this averment, same
being within the exclusive control of Defendant. Strict proof thereof is demanded.
COUNT II
8. Neither admitted nor denied, as no response is required.
Denied. Defendant is gainfully employed and is therefore able to adequately
stain herself.
10. Denied. Plaintiff has sufficient property to provide for her reasonable needs and
is able to sustain herself completely through appropriate employment.
COUNT HI
EQUITABLE DISTRIBUTION
11. Neither admitted nor denied, as no response is required.
12. Admitted to the extent that the parties are unable to agree upon an equitable
division of marital assets.
13. Admitted to the extent that the parties are unable to agree upon an equitable
division of marital assets.
WHEREFORE, Plaintiff prays this Honorable Court to:
(a) deny Defendant's request for alimony pendente lite, counsel fees and costs;
(b) deny Defendant's request for alimony;
(c) equitably divide the marital property remaining between the parties;
(d)
(e)
deny any and all other relief which has been requested by Defendant; and
order such further relief as the Court may determine equitable and just.
Date:
Apffi t~
· ,2002
Respectfully submitted,
MAX I. SMITH, JR., Esquire
I.D. No. 32114
James, Smith, Durkin & Connelly
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
I verify that the statements made in this Answer are true and correct. I understand that
false statements herein are made subject to the penalties of I8 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
ALEXANDER D. DONSON
ALEXANDER D. DONSON,
Plaintiff/Respondent
VS.
TRACEY L. DONSON,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2001-5733 Civil Term
:
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this 7 day of April, 2002, I, MAX J. SMITH, JR., Esquire, Attorney
for PlaintifffRespondent, hereby certify that I have this day sent a copy of Plaintiff's Answer to
Petition for Alimony, Alimony Pendente Lite, Counsel Fees and Costs and Equitable
Distribution by depositing a certified copy of the same in the United States mail, postage
prepaid, at Hershey, Pennsylvania, addressed to:
Serratelli, Schiffman, Brown & Calhoon, P.C.
Attn: Lori K. Serratelli, Esquire
2080 Linglestown Road
Harrisburg, PA 17110
~ Jt SMri'l~, JR, Esquire
James, Smith, Durkin & Connelly L~
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
John R. Ninosky, Esquire
I.D. ~78000
GOLDBERG, KATZ~%N & SHIPMAN, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Additional Defendant,
Jennifer Maschmeyer
CRAIG MASCHMEYER,
Plaintiff
VS.
MARLIN HIPPENSTEEL, JR.,
Defendant
VS.
JENNIFER MASCHMEYER,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO: 01-5228
JURY TRIAL DEMANDED
ANS~ER OF ADDITIONAL DEFENDANT JENNIFER MASCHMEYER
TO DEFENDANT'S JOINDER COMPLAINT
AND NOW, comes the Additional Defendant, Jennifer
Maschmeyer, by and through her counsel, Goldberg, Katzman &
Shipman, P.C., who files this Answer to Defendant's Joinder
Complaint by respectfully stating the following:
1. Denied.
3820 Preserve at
Additional Defendant's last known address is
Indigo Run, Hilton Head, South Carolina 29926.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted. By way of further answer, contrary to
Defendant's assertion, the subject accident was directly and
proximately caused by the negligence of the Defendant.
Defendant's negligence included but is not limited to his failure
to stop for a red traffic signal prior to entering the
intersection where the alleged accident occurred.
7. Denied. It is specifically denied that Additional
Defendant Jennifer Maschmeyer was in any way responsible for the
happening of the alleged accident.
8. Denied. The averments contained in this Paragraph
including subparagraphs (a) through (g) are denied pursuant to
Pa.R.C.P. 1029(e).
9. Denied. The averments contained in this Paragraph
including subparagraphs are denied pursuant to Pa.R.C.P. 1029{e) .
10. Denied. The averments contained in this Paragraph
including subparagraphs are denied pursuant to Pa.R.C.P. 1029{e).
By way of further answer, Additional Defendant Jennifer
Maschmeyer cannot be solely liable to Plaintiff because the
joinder was effectuated after the expiration of the applicable
statute of limitations.
WHEREFORE, Additional Defendant Jennifer Maschmeyer
respectfully requests that judgment be entered in her favor, and
that Defendant's Joinder Complaint be dismissed with prejudice.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
DATE: April 10, 2002
By¸
John ~. ~ih6sky, Esqui~
Attorney I.D. 78000
P.O. Box 1268
Harrisburg, PA 17108-1268
{717) 234-4161
Attorneys for Additional
Defendant, Jennifer Maschmeyer
VERIFICATION
I, John R. Ninosky, Esquire, have read the foregoing and
hereby affirms that it is true and correct to the best of my
personal knowledge, or information and belief. This Verification
and statement is made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsification to authorities; I verify
that all the statements made in the foregoing are true and
correct and that false statements may subject me to the penalties
of 18 Pa. C.S. §4904.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
69479.1
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of
the foregoing document 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
/~ day of ~? , 2002, addressed to the following:
Brian McCall, Esquire
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, PA 17101
Attorneys for Plaintiff
B. Craig Black, Esquire
McKissock & Hoffman, P.C.
2040 Linglestown Road, Suite
Harrisburg, PA 17110
Attorneys for Defendant
302
GOLDBERG, KATZMAN & SHIPMAN, P.C.
77766.1
Joh~~. Ninosky, Esquire
Attorney I.D. No. 78000
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: {717) 234-4161
Attorneys for Additional
Defendant, Jennifer Maschmeyer
John R. Ninosky, Esquire
I.D. #78000
GOLDBERG, KATZMAN & SEIPF~tN, P.C.
320 Market Street
P. O. BOX 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Additional Defendant, Jennifer Maschmeyer
CRAIG M3~SCHMEYER,
Plaintiff
vs.
FLARLIN HIPPENSTEEL, JR.,
Defendant
vs.
JENNIFER MASCHMEYER,
Additional Defendant
IN THE COURT OF CO~ON PLEAS OF
CUMBERLJ~ND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO: 01-5228
JURY TRIAL DEM3~NDED
PRAECIPE
TO THE PROTHONOTARY:
PLEASE enter the appearance of the undersigned on behalf of
the Additional Defendant,
captioned matter.
Jennifer Maschmeyer, in the above-
GOLDBERG, KATZMAN & SHIPMAN, P.C.
77763.1
John'R. Nlnosky, Esquir~
Attorney I.D. 78000
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Additional
Defendant, Jennifer Maschmeyer
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of
the foregoing document 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
~ day of . .~/~ , 2002, addressed to the following:
Brian McCall, Esquire
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, PA 17101
Attorneys for Plaintiff
B. Craig Black, Esquire
McKissock & Hoffman, P.C.
2040 Linglestown Road, Suite
Harrisburg, PA 17110
Attorneys for Defendant
302
GOLDBERG,
KATZMAN & SHIPMAN, P.C.
77766.
John R. Ninosky, Esquire
Attorney I.D. No. 78000
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Additional
Defendant, Jennifer Maschmeyer
CRAIG MASCHMEYER,
Plaintiff
MARLIN HIPPENSTEEL, JR.,
Defendant
JENNIFER MASCHMEYER,
Additional Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET #: 01-5228
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter Judgment by Default against Additional Defendant, Jennifer Maschmeyer and
in the favor of Defendant, Marlin Hippensteel, Jr., for the above-mentioned Additional Defendant's
failure to plead to the Joinder Complaint by Defendant. I hereby certify that written notice of the
intention to enter judgment by default was served on Additional Defendant onMarch 25, 2002, to
which no response has been received. A true and correct copy of the Notice is attached hereto.
Respectfully submitted:
McKissock & Hoffman, P.C.
~B. Crar~la~k, E~quire)
Attorn~ I.D. #36818_~....-~
2040 Eingles~wl"FRoad
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Date: April 5, 2002
CRAIG MASCHMEYER,
Plaintiff
V.
MARLIN HIPPENSTEEL, JR.,
Defendant
JENNIFER MASCHMEYER,
Additional Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET #: 01-5228
CIVIL ACTION - LAW
To:
Ms. Jennifer Maschmeyer
3920 Preserve
Indigo Run Plantation
Hilton Head, SC 29928
Date of Notice: March 25~2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A RESPONSE TO THE
COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Pennsylvania Lawyer Referral SerVice
Pennsylvania Bar Association
100 South Street, P O Box 186
Harrisburg, Pennsylvania 17108
(800) 692-7375
McKissock & Hoffman C.
By:~
Harrisburg, PA 17110
(717) 540-3400
Craig Maschmeyer,
Plaintiff
Vo
Marlin Hippensteel, Jr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Important Notice upon the
pemon(s) and in the manner indicated below, which service safisr~s the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United' States Mail, first-class postage
prepaid, addressed as follows:
Brian McCall, Esquire
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff)
Ms. Jennifer Maschmeyer
3920 Preserve
Indigo Run Plantation
Hilton Head, SC 29928
McKissock & Hoffman, P.C.
Suite 302
Harrisburg, PA 17110
(717) 54O-34OO
Attorneys for Defendant,
Marlin Hippensteel, Jr.
Date:
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Praecipe for Entry of
Judgment by Default upon the person(s) and in the manner indicated below, which service satisfies
the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States Mail, first-class postage prepaid, addressed as follows:
Michael A. Koranda, Esquire
219 State Street
Harrisburg, PA 17101
Ms. Jennifer Maschmeyer
3920 Preserve
Indigo Run Plantation
Hilton Head, SC 29928
McKissock & Hoffman, P.C.
BY: B~
2040 ~i~lestown Road
Suite302
Harrisburg, PA 17110
Telephone: (717) 540-3400
Supreme Court I.D. No. 36818
Counsel for Defendant,
Marlin Hippensteel, Jr.
Date: April 5, 2002
CRAIG MASCHMEYER,
Plaintiff
MARLIN HIPPENSTEEL, JR.,
Defendant
JENNIFER MASCHMEYER,
Additional Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET #: 01-5228
CIVIL ACTION - LAW
To:
Ms. Jennifer Maschmeyer
3920 Preserve
Indigo Run Plantation
Hilton Head, SC 29928
NOTICE OF ENTRY OF JUDGMENT
Pursuant to Pa. R.C.P. 236, please beadvised that Judgment has been entered against
you in the above-captioned matter, a copy of which is enclosed.
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
MASCHMEYER
COURT OF COP~40N PLEAS
TERM,
HIPPENSTEEL
-VS-
CASE NO: 01-5228
AS a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of B. CRAIG BLACK, 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: 04/16/2002
DEll-326078 8 9 4 4 9 --LO 1
C O ~1~iO N~]EAL T H OF PENNSYLVANIA
C O UN'i' ~- O1~' GUlvlB E RLAND
IN THE MATTER OF:
MASCH~EYER
HIPPENSTEEL
-VS-
COURT OF COF~ON PLEAS
TERM,
CASE NO: 01-5228
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: BRIAN MCCALL, ESQ.
HCS on behalf of B. CRAIG BLACK~ 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 HCS or by contacting our local
HCS office.
DATE: 03/27/2002
CC: B. CRAIG.BLACK, ESQ.
- 8350-121
HCS on behalf of
B. CRAIG BLACK, ESQ.
Attorney for DEI~NDANT
Any questions regarding this matter, contact
TH]~ HCS GROUP INC.
1601~T STREET
f8oo
PHILADELPHIA, PA 19103
(21S) 246-0900
DE02-182§49 89449--C01
PAGE:
RECORDS REQUESTED
>>> LOCATION LIST
LOCATION NAHE
F'24PLOY}4ENT
MEDICAL RECORDS & HOSPITAL BILL
MEDICAL RECORDS & HOSPITAL BILL
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
CAP. LISI,E AKI~A SCHOOL DYSTBYCT
CAPJ~ISLE PAP~ & RECREATION
C~ISLE HOSPITAL
PENN STATE ~IV. HOSPITE/
CO{ITY gg~ OSTEOPATHIC
POLYCLINIC HOSPIYE
BEL~DE~ ~DI~ CEN~R
~ER SPRING~, INC.
DR.S~T ~
DE02-182549 89449--C01
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF' CUMBERLAND
MASCHMEYER ·
VS
HIPPENSTEEL :
File No. 01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: CARLISLE AREA DISTRICT (Name of Person or Entity)
Within twenty (20) days after service of this sub oen ou are ordered by the court to produce the following documents or
things: f~E ~TACHED
at MCS GROUP INC., 1601 MARKET ST., #800,PHILA.,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: B. CRAIG BLACK, ESQ.
ADDRESS: 2040 LINGLESTOWN RD,M STE 302
HARRISBURG, PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
DATE:
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CARLISLE AREA SCHOOL DISTRICF
9OO WAGGONERS GAP ROAD
CARLISLE, PA 17013
RE: 89449
CRAIG MATFHEW MASCHMEYER
Any and all employment records, files and memorandums, compensation,
time and attendance records, personnel records, payroll and salary
reports and all medical records as an employee.
Dates Requested: up to and incluflin~ the present.
Subject: CRAIG MA'I'I'~fl~' MASCHMEYER
1919 ESTHFJ~ DRIVE, CARI,I,~LE, PA 17013
Social Security//:. 195-68-8163
Date of Birth: 09-24-1973
5U10-364712 89449--L01
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF CO~40N PLEAS
MASCHMEYER TERM,
-VS-
CASE NO: 01-5228
HIPPENSTEEL
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of B. CRAIG BLACK, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 04/16/2002
B. CRAIG BLACK, ESQ.
Attorney for DEFENDANT
DEll-326079 89 4 4 9 --LO2
CO~40br~q~ALTH OF PENNSYLVANIA
COUNTY OF C UI~iBERLAND
IN THE MATTER OF:
MASCHMEYER
HIPPENSTEEL
-VS-
COURT OF COMMON PLEAS
TERM,
CASE NO: 01-5228
NOTICE OF INTENT TO SERV~ A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: BRIAN MCCALL, ESQ.
MCS on behalf of B. CRAIG BLACK, ESq. intends to sezwe a subpoena
identical to the one that is attached to this notice. You have t~enty (20)
days from the date listed belom in ~hich 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 ~ay be served. Complete
copies of any reproduced records may be ordered at your expense by completin$
the attached counsel card and returninE s-me to MCS or by contactinE our local
HCS office.
DATE: 03/27/2002
CC: B. CRAIG' BLACK, ESQ.
- 8350-121
It(IS on behalf of
B. CIL~IG BLACK~ ESq.
Attorney for DEI~I~DANT
Any questions regarding this matter, contact
T~E MCS GROUP INC.
1601 HAREET STREET
~8oo
PHILADELPHIA, PA 19103
(21S) 246-0900
DE02-182549 89449--C01
It~COI~DS REQUESTED
>>> LOCATION LIST <<<
LOCATION NAM~
PAGE: 1
EHPLOYMENT
EMPLOYM~N~
M~DICAL I~CORDS & HOSPITAL BILL
MEDICAL RECORDS & HOSPITAL BILL
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
M~DICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
CARLISLE AREA SCHOOL DIg?RICT
CARLISLE PAI~S & RECREATION
CARLISLE HOSPITAL
PENN STATE UNIV. HOSPITAL[
CO]~IUNITY GENERAL OSTEOPATHIC
POLYCLINIC HOSPITAL
BELVEDERE MEDICAL CENTER
ALEXANDER SPRING REHAB, INC.
DR.STUART HARTHAN
DE02-182549 89449--C01
COMMONWEALTH OF PENNSYLVANIA
COUNTI OF C~MBERLAND
MASCHMEYER
VS
HIPPENSTEEL
File No. 01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: CARKISKE PARKS & RECREATION (Name of Person or Entity)
Within twenty (20) days after service of this sub Dena ou are ordered by the court to produce the following documents or
things: ~E ~ACHED
at MCS GROUP INC., 1601 MARKET ST., #800,PHILA.,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: B. CRAIG BLACK~ ESQ.
ADDRESS: 2040 LINGLESTOWN RD,M STE 302
HARRISBURG~ PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
BY ~'~E CO. URT.'~ t ,/~
Prothonotary/C~er~, ~Divlsion
Seal of the Court
(Eft. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CARLISLE PARKS & RECREATION
415 FRANKLIN STREET
CARLISLE, PA 17013
RE: 89449
CRAIG MATI'HEW MASCHMEYER
Any and aH employment records, files and memorandum% compensation,
time and attendance records, personnel records, payroll and salary
reports and all medical records as an employee.
Dates Requested: up to and including the present.
Subject: CRAIG MATTH~ MASCHMEYER
1919 ESTHER DRIVE, CARI,INLE, PA 17013
Sodal Security ,q:. 195-68-8163
Date of Birth: 09-24-1973
SU10-364714 89449
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
MASCHMEYER
COURT OF COMMON PLEAS
TERM,
HIPPENSTEEL
-VS-
CASE NO: 01-5228
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
B. CRAIG BLACK, 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: 04/16/2002
MCS on behalf of
B. CRAIG BLACK, ESq.
Attorney for DEFENDANT
DEll-326080 89 449--L0 3
COlVSvlON-~rEALTH OF PENNSYLVANIA
COUNTY OF C~Jl~4BERLAND
IN THE MATTER OF:
MASCHMEYER
HIPPENSTEEL
-VS-
COURT OF COMMON PLEAS
TERM,
CASE NO: 01-5228
NOTICE OF INTENT TO SERVE A SUBPOENA ~0 PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: BRIAN MCCALL, ESQ.
MCS on behalf of B. CRAIC BLACK, 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.
DATK: 03~27~2002
CC: B. CRAIG BLACK,
- 8350-121
HCS on behalf of
B. CRAIG BLACK~ ESq.
Attorney for DEFENDANT
Any questions regarding this matter, contact
THEM CS GROUP INC.
1601 MARKXT STREET
f8oo
(2i~) 2~6-0900
DE02-182549 89449--C01
PAGE: 1
EECOEDS REQUESTED
LOCATION LIST <<<
LOCATION NAME
H~4PLOYMENT
EMPLOYMENT
MEDICAL RECORDS & HOSPITAL BILL
MEDICAL RECORDS & HOSPITAL BILL
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
CARLISLE AREA SCHOOL DISTRICT
CARLISLE PAPAS & RECREATION
CARLISLE HOSPITAL
PENN STATE UNIV. HOSPITAL!
COI~4UNITY GENERAL OSTEOPATHIC
POLYCLINIC HOSPITAL
BELVEDERE MEDICAL CENTER
ALEXANDER SPRING REHAB, INC.
DR.STUART HARTHAN
DE02-182549 89449--C01
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C~MBERLAND
MASCHMEYER :
VS
HIPPENSTEEL
File No. 01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL
(Name of Penon or Entity)
Within twenty (20) days after service of this subpoena, y. ou are ordered by the court to produce the following documents or
things: SEE ATTACHED
at MCS GROUP INC., 1601 MARKET ST., #800,PHILA. ,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving th!s subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: B. CRAIG BLACK, ESQ.
ADDRESS: 2040 LINGLESTOWN RD,M STE 302
HARRISBURG~ PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
Prothonotary/~lerk~ Division
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CARLISLE HOSPITAL
246 PARKER STREET
CARLISLE, PA 17013
RE: 89449
CRAIG MATTHEW MASCHMEYER
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment of patient.
Dates Requested: up to and including thepresent.
Subject: CRAIG MATTHEW MASCHMEYER
1919 ESTHER DRIVE, CARLISLE, PA 17013
Social Security #: 195-68-8163
Date of Birth: 09-24-1973
SU10-364360 8944 9 --LO 3
CERTIFICATE
PREREQUISITE TO SEKVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
MASCHMEYER
COURT OF C0~940N PLEAS
TERM,
HIPPENSTEEL
-VS-
CASE NO: 01-5228
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
B. CRAIG BLACK, 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: 04/16/2002
MCS on behalf of
B. CRAIG BLACK, ESq.
Attorney for DEFENDANT
DEll-326081 89449 --LO4
COMMONWEALTH OF PENNSYLVANIA
COUN'TY OF CUMBERLAND
IN THE MATTER OF:
MASCHMEYER
HIPPENSTEEL
-VS-
COURT OF C0~40N PLEAS
TERM,
CASE NO: 01-5228
NOTICE OF' INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PUB~UANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: BRIAN HCCALL, ESQ.
HCS on behalf of B. CRAIG BLACK~ ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have t~enty (20)
days from the date listed belom in ~hich to file of record and serve upon the
undersigned an objection to the subpoena. If the t~enty day notice period is
~aived 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
HCS office.
DATE: 03/2712002
CC: B. CR.~G BLACK, ESQ.
- 8350-121
HCS on behalf of
B. C~J~G BLACK~ ESQ.
Attorney for DEFENDANT
Any questions regard/rig this matter, contact
'r~EMCS GROUP INC.
1601~RKET STREET
#800
PHILADELPHIA, PA 19103
(21S) 246-0900
DE02-182549 89449 --CO1
PAGE:
RECORDS RE(~UESTED
LOCATION LIST <<<
LOCATION NAHE
EP[PLOYHENT
E~IPLOYPLENT
HEDICAL RECORDS & HOSPITAL BILL
HEDICAL RECORDS & HOSPITAL BILL
HEDICAL RECOBDS & BILLING
HEDICAL RECORDS & HOSPITAL BILL
HEDICAL RECORDS & BILLING
HEDICAL RECORDS & BILLING
HEDICAL RECORDS & BILLING
CARLISLE AREA SCHOOl. DISTRICT
CARLISLE PARKS & RECREATION
CARLISLE HOSPITAL
PENN STATE UNIV. HOSPITAL~
CO~4UNITY GENEEAL OSTEOPATHIC
POLYCLINIC HOSPITAL
BELVEDERE HEDICAL CENTER
ALEXANDER SPRING REHAB, INC.
DR.STOART HARTMAN
DE02-182549 89~-~-9--C01
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MASCHMEYER :
VS
HIPPENSTEEL :
File No. 01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: PENN STATE MILTON S. HERSHEY MEDICAL CENTER (Name of Per~on or Entity)
Within twenty (20) days after service of this subpso~a,AY~Aa~t~ered by the court to produce the following documents or
things:
at MCS GROUP INC., 1601 MARKET ST., #800,PHILA. ,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or thing~ 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: B. CRAIG BLACK, ESq.
ADDRESS: 2040 LINGLESTOWN RD,M STE 302
HARRISBURG, PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
Alr'FORNEY FOR: DEFENDANT
-- Prothonotaty/Clet~ ~i~vision
Seal of the Court
(Eff. 7/9~
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
PENN STATE UNIV. HOSPITAL/
HERSHEY MEDICAL CTR.
500 UNIVERSITY AVE.
HERSHEY, PA 17033
RE: 89449
CRAIG MATTHEW MASCHMEYER
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment of patient.
Dates Requested: up to and including thepresent.
Subject: CRAIG MATTHEW MASCHMEYER
1919 ESTHER DRIVE, CARLISLE, PA 17013
Social Security ~. 195-68-8163
Date of Birth: 09-24-1973
SU10-364362 89449--L04
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PUItSUANT TO EULE 4009.22
IN THE MATTER OF:
MASCHMEYER
COURT OF COMMON PLEAS
TERM,
HIPPENSTEEL
-VS- CASE NO: 01-5228
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
B. CRAIG BLACK, 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: 04/16/2002
MCS on behalf of
B. CRAIG BLACK, ESq.
Attorney for DEFENDANT
DEll-3Z6082 8 9 4 4 9 --LO 5
COlV~I~4Obr%~ALTH OF PENNSYLVANIA
COUNTY OF CUlv~BERLAND
IN THE MATTER OF:
MASCHMEYER
HIPPENSTEEL
-VS-
COURT OF C0~fl~0N PLEAS
TERM,
CASE NO: 01-5228
NOTICE OF II~Xgh'T TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: BR?AN HCCALL, ESQ.
MCS on behalf of B. CRAIG BLACk, ESq. intends to serve a subpoena
identical to the one that is attached to this notice. You have t~enty (20)
days from the date listed belme in ~hich to file of record' end serve upon the
undersigned an objection to the subpoena. If the t~enty day notice period is
waived or if no objection is made, then the subpoena may be served. C~aplete
copies of eny reproduced records may be ordered at your expense by cmapleting
the attached counsel card end returning same to HCS or by contacting our local
MCS office.
DAT~: 0312712002
cc: B. CaAI(; BLACK, ESq.
- 8350-121
HCS on behalf of
B. CRAIG BLAC~r ESq.
Attorney for DEI~NDANT
Any questions resarding this matter, contact
'r~ HCS GROUP INC.
1601 ],~UJ~T STREET
~800
PHILADELPHL~, PA 19103
(215) 246-0900
DE02-182549 89449--C01
PAGE: 1
REco~os P. gq~sTEv
>>> LOCATION LIST <<<
LOCATION NAHE
[~41~LOYMENT
ENPLOYHENT
HEDICAL KECORDS & HOSPIT~ BILL
~I~ ~C0~S & HOSPIT~ BI~
~I~ ~C0~S ~ BI~G
~I~ ~C0~S ~ HOSPIT~ BILL
~I~ ~CO~S ~ BI~ING
~I~ ~CO~S ~ BI~ING
~I~ ~CO~S ~ B~LING
CARLISLE AREA SCHOOL DISTRICT
CARLISLE PARK~ & RECREATION
CARLISLE HOSPITAL
PENN STATE UNIV. HOSPITAL/
COI~4UNITYGENERAL OSTEOPATHIC
POLYCLINIC HOSPITAL
BELVED~}~DICAL CENTEN
ALEXANDER SPRING RR~B, INC.
DR.STUART HART~M~
DE02-182549 89449--C01
COMMON3NEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MASCHMEYER :
vs
HIPPENSTEEL :
File No. 01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GENERAL OSTEOPATHIC (Name of Pe~on or Enti~)
Within twenty (20) days after service of this subnoena, you are ordered by the court to produce the following documents or
things: -- ' 'SEE ATTACHED
at MCS GROUP INC., 1601 MARKET ST., #800,PHILA. ,PA 19103
(Address)
You may deliver or mail legible copies of the document~ 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 tight 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 thi~ subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: B. CRAIG BLACK, ESQ.
ADDRESS: 2040 LINGLESTOWN RD,M STE 302
HARRISBURG~ PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
DATE:
Pro t ho nota~y/{~'~erk, ~Divi,io.
Seal of the Court
(Eft. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
COMMUNITY GENERAL OSTEOPATHIC
4300 LONDONDERRY ROAD
HARRISBURG, PA 17105
RE: 89449
CRAIG MATYHEW MASCHMEYER
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including thepresent.
Subject: CRAIG MATTHEW MASCHMEYER
1919 ESTHER DRIVE, CARLISLE, PA 17013
Social Security #: 195.68-8163
Date of Birth: 09-24-1973
SU10-364364 8 9 ~ ~ 9 --LO 5
CERTIFICATE
PREREQUISITE TO SERVICE OF I SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
MASCHMEYER
COURT OF C0~940N PLEAS
TERM,
HIPPENSTEEL
-VS-
CASE NO: 01-5228
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
B. CRAIG BLACK, 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: 04/16/2002
MCS on behalf of
B. CRAIG BLACK, ESq.
Attorney for DEFENDANT
DEll-326083 89 449 --LO6
COMMONWEALTH OF PENNSYLVANIA
COU'NTY OF CUMBEKLAND
IN THE MATTER OF:
MASCHMEYER
HIPPENSTEEL
-VSo
COURT OF C0~0N PLEAS
TERM,
CASE NO: 01-5228
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUAI~ TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: Be?AN MCCALL, ESQ.
MCS on behalf of B. CRAIG BT-t~.Kp ESq. intends to serve a subpoena
identical to the one that is attached to this notice. You have t#enty (20)
days frc~ ~he date listed belme in vhich to file of record and serve upon the
undersi~ned an objection to the subpoena. If the twenty day notice period is
vaived or if no objection is made, then the subpoena may be served.
copies of any reproduced records may be ordered at your expense by c.-.:.leting
the attached counsel card and returning same to MCS or by contacting our local
M~S office.
DAT~: 03127/2002
CC= B. CEA/G* ~l,~C~, ESQ.
8350-121
MCS on behalf of
B. Cea?G BLACK~, Esq.
Attorney for DEFENDANT
Any questions re~rding this matter, contact
'rH~ MCS GROUP INC.
1601 ~T STRI~T
~800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-182549 89449--C01
~CO~S
LOCATION LIST <<<
LOC~TION ~
PAGE:
EHPLO~14ENT
HEDICAL P. ECO~DS & HOSPITAL BILL
HEDICAL EECOR.DS & HOSPITAL BILL
H~DICAL RECOEDS &
~I)ICAL RECORDS & HOSPITAL BILL
HEDICAL RECORDS & BILLING
HEDICAL RECORDS & BILLING
P~DICAL RECORDS & BILLING
CARLISLE PA~KS & RECREATION
C~ISL~ HOSPITAL
P~ STA~ ~V. HOSPIT~
C~ G~ OS~OPATulC
POLY~C HOSPIT~
B~ ~I~ C~
~ SP~ ~, I~.
DE. S~T RAR~
DE02-182549 89449--C01
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MASCHMEYER :
VS
HIPPENSTEEL :
File No. 01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL
(Name of Person or Entity)
Within twenty (20} days after service of this sub oena, ou are ordered by the court to produce the following documents or
things: ~EE ~TACHED
at MCS GROUP INC., 1601 MARKET ST., #800,PHILA.,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce thing~ requested by this subpoena, together with the
certificate of compliance, to the par~y 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 th~s subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: B. CRAIG BLACK~ ESq.
ADDRESS: 2040 LINGLESTOWN RD,M STE 302
HARRISBURG, PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
~tho;ot~?Cl~elv. mvt.io.
Dep~
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
POLYCLINIC HOSPITAL
CLINICAL HEALTH
2601 N. THIRD STREET
HARRISBURG, PA 171102098
RE: 89449
CRAIG MATTHEW MASCHMEYER
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment of patient.
Dates Requested: up to and including thepresent.
Subject: CRAIG MATTHEW MASCHMEYER
1919 ESTHER DRIVE, CARLISLE, PA 17013
Social Security #: 195-68-8163
Date of Birth: 09-24-1973
SU10-364366 89449--L06
CERTIFICATE
PKEREQUISITE TO SERVICE OF A SUBPOENA
PIIKSUANT TO RULE 4009.22
IN THE MATTER OF:
MASCHMEYER
COURT OF COMMON PLEAS
TERM,
HIPPENSTEEL
-VS- CASE NO: 01-5228
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
B. CRAIG BLACK, 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: 04116/2002
MCS on behalf of
B. CRAIG BLACK, ESq.
Attorney for DEFENDANT
DEll-326084 8 9 4 4 9--LO 7
C O~4~O ~A T .TH OF PENNSSV~IA
COU'/~T Y O~' C'UMB E KLAND
IN THE MATTElt OF:
MASCHMEYER
HIPPENSTEEL
-VS-
C0~T OF C0~0N PLUS
CASE NO.' 01-5228
NOTICE OF I~ ~3 SERVE A ~O~POEHA TO PROD~'E DOsupiENTS AND
FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: BRTAM JJCCALL, KS~.
HCS on behslf of B. CUATG BLAG[t, ESq. ~z~dm to sero a 8u~
i~tical to ~ ~e ,h-Z is at~d to ~s notice. Y~ h~ ~ty (20)
~ys fr~ ~ hie listed ~1~ ~ ~ch to file of record ~d sem ~ ~e
~rsi~ed ~ objecZi~ ~o ~e s~. If ~e ~ty ~y ~tice ~ri~ la
sired or if no objecZ~ is m~, ~ ~e 8ub~ my b se~d. C~le~e
c~ies of ny repr~ed r~ords my be ordered at y~ e~se ~ c~let~S
the aZZa~ c~sel card nd returns sm to ~S or ~ c~tact~ ~ l~al
~S off~ce.
~, 0312712002
s. c uQ react, m.
- 8350-121
Any questions ren&tM~~ ~ht, nmtter, contact
I~S on behalf of
B. CRAI~ BLAf:I~ ESq.
Attorney for DKF]DI~ABT
DE02-182549 89449--f:01
~>> LOCATIOll LIST
LOCATIOll
C-,,~RLTST,]~ AB.~& SC, ROOI~ DT.C;?RTCT
CARLISLE PARI~ & R.KCRgATIOti
CARLISLE HOSPITAL
P~Illl STATE UEIJ. V. HOSPITAL[
C01,~uIlITY GI~II~llAI. OST~)PATH/C
POLYCLIM/C HOSPITAL
B~LTgD~R~ I~IC~_L CEMT~it
~I.R~fA~ SP~ R~RAR, INC.
DR. STUABT RAm'TIM]I
D~02-182~49
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBEKLAND
MASCHMEYER :
VS
HIPPENSTEEL :
File No. 01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: BELVEDERE MEDICAL CENTER (Name of Per,on or Entity)
Within twenty (20) days after service of this subp~a,~/~Er]~ered by the court to produce the following documents or
things:
at MCS GROUP INC., 1601 MARKET ST., #800,PHILA. ,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or thin~ 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: B. CRAIG BLACK, ESQ.
ADDRESS: 2040 LINGLESTOWN RD,M STE 302
HARRISBURG, PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
DATE:
~ro~onotary~lvision
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
BELVEDERE MEDICAL CENTER
PAIN MANAGEMENT
850 WALNUT BOTTOM RD
CARLISLE, PA 17013
RE: 89449
CRAIG MATI'HEW MASCHMEYER
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including thepresent.
Subject: CRAIG MATTHEW MASCHMEYER
1919 ESTHER DRIVE, CARLISLE, PA 17013
Social Security//:. 195-68-8163
Date of Birth: 09-24-1973
SU10-364368 89449--L0 7
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
MASCHMEYER
COURT OF C0~940N PLEAS
TERM,
HIPPENSTEEL
-VS o
CASE NO: 01-5228
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of B. CRAIG BLACK, 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: 04/16/2002
MCS on behalf of
B. CRAIG BLACK~ ESq.
Attorney for DEFENDANT
DEll-326085 89449 --LO8
C O l~lVlO NI~I~AL T H OF PENNSYLVANIA
COUk~iY O~' C ~31~IBE ~{LAND
IN THE MATTER OF:
MASCHMEYER
HIPPENSTEEL
-VS-
COURT OF COF~40N PLEAS
TERM,
CASE NO: 01-5228
NO~ICE OF II~TgI~ ~0 SERVE A SUBPOENA TO PRODUCE DOCUMENtS'AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note= see enclosed list of locations ]
TO: BRIAN MCCAI,I,, ESQ.
HCS on behalf of B. CRAIG BLACKt ESq. intends to serve a subpoena
identical to the one that is attached to this notice. You have t~nty (20)
days from the date listed belo~ in ~hich to file of record and serve upon the
undersigned an objection to the subpoena. If the t~enty 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 completinS
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE= 03~27~2002
CC= B. CRAIG-BLACK, ESQ.
- 8350-121
HCS on behalf of
Attorney for DEFENDANT
Any questions regarding this matter, contact
THEM CS GROUP INC.
1601 HARKET STRUT
1800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-182549 89449--G01
PAGE: 1
RECORDS REQUESTED
LOCATION LIST <<<
LOCATION NAME
~4~LOYHENT
EHPLOYMENT
MEDICAL RECORDS & HOSPITAL BILL
MEDICAL RECORDS & HOSPITAL BILL
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
CARLISLE AREA SCEOOL DISTRICT
CARLISLE PARKS & RECREATION
CARLISLE HOSPITAL
PENN STATE UNIV. HOSPITALf
CO~UNITY GENERAL OSTEOPATHIC
POLYCLINIC HOSPITAL
BELVEDERE MEDICAL CENTER
ALEXANDER SPRING ~A~B, INC.
DR.STUA~T HAKTMAN
DE02-182549 89449--C01
COMMONWEALTH OF PENNSYLVANIA
COUNT~ OF CUMBERLAND
MASCHMEYER :
VS
HIPPENSTEEL
File No. 01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: ALEXANDER SPRINF REHAB, INC. (Name of Person or Entity)
Within twenty (20) days after service of this subpoen you e dered by the court to produce the following documents or
,hlngs: SE~ AT~C~O
at MCS GROUP INC., 1601 MARKET ST., #800,PHILA. ,PA 19103
{Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the pan'y
serving thi? subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: B. CRAIG BLACK, ESq.
ADDRESS: 2040 LINGLESTOWN RD,M STE 302
HARRISBURG~ PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
13¥~E CqU.RT: %') ~,.
Prothonotary/Clerk, C~ivision
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
ALEXANDER SPRING REHAB, INC.
27 BROOKWOOD AVENUE
CARLISLE, PA 17013
RE: 89449
CRAIG MATTHEW MASCHMEYER
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including thepresent.
Subject: CRAIG MATTHEW MASCHMEYER
1919 ESTHER DRIVE, CARLISLE, PA 17013
Social Security #: 195-68-8163
Date of Birth: 09-24-1973
SU10-364370 89449--L08
CERTIFICATE
PREP. EQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
MASCHMEYER
COURT OF COMMON PLEAS
TERM,
HIPPENSTEEL
-VS-
CASE NO: 01-5228
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
eCS on behalf of
B. CRAIG BLACK, 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: 04116/2002
eCS on behalf of
B. CRAIG BLACK, Esq.
Attorney for DEFENDANT
DEll-326086 8 9 4 4 9 --LO 9
COI-~I~IOI~r~]ZALTH OF PENNSYLVANIA
COUNTY OF CUI~IBERLAND
IN THE MATTER OF:
MA$CHI~YER
HIPPENSTEEL
-VS-
COU~T OF C0~40N PLEAS
TERM,
CASE NO: 01-5228
NOTICE OF'INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO** BR?AM ~C~L~, ESQ.
HCS on behalf of B. CRAIG BLACKp ESq. ~ntends to ser~e a subp~
id~tical to the ~e t~t is attached to this notice. Y~ ~ve ~ty (20)
~ys rrm the ~te listed ~1~ ~ ~ch to file of record ~d se~e u~ ~e
~ders~ed ~ objec~ to t~ subp~. I[ the ~nty ~y not[ce ~r~od is
u~d or ~f no object[~ is rode, ~en the subpoe~ my be se~ed. C~lete
cop~es of ~y rep=od~ed records My be ordered at your e~se by c~let~g
the attached corbel card ~d retu~ s~ to ~S or by c~tact~ our local
~S office.
DATE** 03127/2002
CC** B. ceATG N.~C]~, ESQ.
8350-121
HCS on behalf of
Bo CUA?G BLA. C~[,t,
AttoEney for
Any questions re~azd~nS this ~atter, contact
THEIRS GROUP IRC.
1601 MAei'~T STREET
~800
pHT~nKLPHIA, PA 19103
(215) 246-0900
DE02-182549 89449--C01
PAGE:
REcoRDs RE~o~sTED
LOCATION LIST
LOCATION NAHE
F~4PLOYMENY
]~4PLOYI4ENT
~DICAL RECORDS & HOSPITAL BILL
HEDI~.AT. RECORDS & HOSPITAL BILL
HEDICAL RECORDS &
l~DICAL RECORDS & HOSPITAL BILL
HEDInAL RECORDS & BTT.LIN~
~DICAL RECORDS & BILLING
M~DICAL RECORDS & BILLING
CARLTSI.E ~REA SCHOOl, DTST~.J[a?
CARLISLE PARKS & RECREATION
CARLISLE HOSPITAL
PENN STATE UNIV. HOSPITAL/
CO~N£TY GENERAL OSTEOPATHIC
POLYCLINIC HOSpTTAL
B~V~D~ I~DICAL C~IqTEE
~.a~NDE~t SPRIN~ ~AB, INC.
DE. STUART HA~TMAN
DE02-1825~ 8g~Z~9--CO1
COMMONWEALTH OF PENNSYLVANIA
COUN¥¥ OF CUMBERLAND
MASCHMEYER :
vs
HIPPENSTEEL
File No. 01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: STUART HARTMAN, D.O.
(Name of Per~on or Entity)
Within twenty (20) days after service of this subpoenasE~ youATTa~c~e red by the court to produce the following documents or
things:
at MCS GROUP INC., 1601 MARKET ST., #800,PHILA. ,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving thi~ subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: B. CRAIG BLACK, ESQ.
ADDRESS: 2040 LINGLESTOWN RD,M STE 302
HARRISBURG, PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
DATE:
BY. HE_ Cp.URT..~ ~
Prothonotary/~e~k~
Seal of the Court
(Elf. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DR.STUART HARTMAN
2645 N.THIRD STREET
SUITE 340
HARRISBURG, PA 17110
RE: 89449
CRAIG MATFHEW MASCHMEYER
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including thepresent.
Subject: CRAIG MATTHEW MASCHMEYER
1919 ESTHER DRIVE, CARLISLE, PA 17013
Social Security #: 195-68-8163
Date of Birth: 09-24-1973
SU10-364372 ~;~Z+4 9 --LO 9
John R. Ninosky, Esquire
I.D. %78000
GOLDBERG, KATZMAN & SHIP~, P.C.
320 Market Street
?. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Additional Defendant, Jennifer Maschmeyer
CRAIG MASCHMEYER, :
Plaintiff :
VS.
MARLIN HIPPENSTEEL, JR.,
Defendant
VS.
JENNIFER MASCHMEYER,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO: 01-5228
JURY TRIAL DEMANDED
PETITION OF ADDITIONAL DEFENDANT JENNIFERMASCHMEYER
FOR RELIEF FROM DEFAULT JUDGMENT
comes the Additional Defendant, Jennifer
Katzman &
from Default
AND NOW,
Maschmeyer, by and through her counsel, Goldberg,
Shipman, P.C., who files this Petition for Relief
Judgment by respectfully stating the following:
1. Defendant filed a Praecipe for Entry of Judgment by
Default against the Additional Defendant on April 9, 2002. A
copy of the Praecipe is attached hereto as Exhibit A.
2. Additional Defendant filed her Answer to the
Defendant's Joinder Complaint on April 10, 2002. A copy of the
Answer is attached hereto as Exhibit B.
3. Pennsylvania Rule of Civil Procedure 237.3(b) states,
"If the petition is filed within ten days after the entry of the
judgment on the docket, the court shall open the judgment if the
proposed complaint or answer states a meritorious cause of action
or defense."
4.
Defendant
5.
defense
6.
open the
The present Petition is filed within ten days of
filing his Praecipe for Entry of Judgment by default.
Additional Defendant's Answer states a meritorious
to the allegations contained in the Joinder Complaint.
Moreover, Defendant does not oppose this request to
Default Judgment.
WHEREFORE, Additional
respectfully requests that
from the entry of judgment
judgment.
Defendant Jennifer Maschmeyer
this Honorable Court grant her relief
by default by opening the default
Respectfully submitted,
DATE: April~9, 2002
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Joh6 Ri' Nin~sky, Esquire
Attorney I.D. 78000
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Additional
Defendant, Jennifer Maschmeyer
MARt. IN HIPPENSTt=~t. JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND cOUNTY, PENNSYLVANIA
DOCKET t~. 01-5228
: CML ACTION - LAW
I~RAECIPE FOR ENTRY OF JU_r~__u=jrr BY DEFAUL]' c~ ~
in the favor of DM~dant, Msrlln Hlppenateel, Jr., for the above-mentioned Additlomd Defendant's
intention t~ ent~judgment by default m sewed m Addlllmal Defendant reMatch 25, 2002, to
McKi~mm~ & Hoffman, p,c.
B.
Harrisburg, PA 17110
John R. Ninosky, Esquire
I.D. #78000
GOLDBERG, KATZb~ & SHIP~, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
{717) 234-4161
Counsel for Additional Defendant, Jennifer Maschmeyer
CRAIG MASCHMEYER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION LAW -o ,.'u~ -'o
MARLIN HIPPENSTEEL, JR., : NO: 01-5228 ;: o
Defendant : .r~? -~
vs. : ~'~ ~
JENNIFER MASCHMEYER, :
Additional Defendant : JURY TRIAL DEMANDED
ANSWER OF ADDITIONAL DEFENDANT JENNIFER MASCHMEYER
TO DEFENDANT'S JOINDER COMPI~%INT
AND NOW, comes the Additional Defendant, Jennifer
Maschmeyer, by and through her counsel, Goldberg, Katzman &
Shipman, P.C., who files this Answer to Defendant's Jo±nder
Complaint by respectfully stating the following:
1. Denied. Additional Defendant's last known address is
3820 Preserve at Indigo Run, Hilton Head, South Carolina 29926.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted. By way of further answer, contrary to
Defendant's assertion, the subject accident was directly and
proximately caused by the negligence of the Defendant.
Defendant's negligence included but is not limited to his failure
to stop for a red traffic signal prior to entering the
intersection where the alleged accident occurred.
7. Denied. It is specifically denied that Additional
Defendant Jennifer Maschmeyer was in any way responsible for
happening of the alleged accident.
the
8. Denied. The averments contained in this Paragraph
including subparagraphs (a) through (g) are denied pursuant to
Pa.R.C.P. 1029(e).
9. Denied. The averments contained in this Paragraph
including subparagraphs are denied pursuant to Pa.R.C.P. 1029(e) .
10.
including
By way of
Denied. The averments contained in this Paragraph
subparagraphs are denied pursuant to Pa.R.C.P. 1029(e) .
further answer, Additional Defendant Jennifer
Maschmeyer cannot be solely liable to Plaintiff because the
joinder was effectuated after the expiration of the applicable
statute of limitations.
WHEREFORE, Additional Defendant Jennifer Maschmeyer
respectfully requests that judgment be entered in her favor, and
that Defendant's Joinder Complaint be dismissed with prejudice.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
DATE: April 10, 2002
John ~.-Nih~sky, Esqui~
Attorney I.D. 78000
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Additional
Defendant, Jennifer Maschmeyer
3
hereby affirms that
personal knowledge,
VERIFICATION
John R. Ninosky, Esquire, have read the foregoing and
it is true and correct to the best of my
or information and belief. This Verification
and statement is made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsification to authorities; I verify
that all the statements made in the foregoing are true and
correct and that false statements may subject me to the penalties
of 18 Pa. C.S. §4904.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
69479.1
Joh~ R. Ninosky
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of
the foregoing document 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
/~ day of ~ , 2002, addressed to the following:
Brian McCall, Esquire
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, PA 17101
Attorneys for Plaintiff
B. Craig Black, Esquire
McKissock & Hoffman, P.C.
2040 Linglestown Road, Suite
Harrisburg, PA 17110
Attorneys for Defendant
77766.1
302
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Jo Ninosky, Esquire
Attorney I.D. No. 78000
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Additional
Defendant, Jennifer Maschmeyer
I, John R.
hereby affirms
personal
VERIFICATION
Ninosky, Esquire, have read the foregoing and
that it is true and correct to the best of my
knowledge, or information and belief. This Verification
and statement is made subject to the penalties of 18 Pa.C.S.A.
Section 4904 relating to unsworn falsification to authorities; I
verify that all the statements made in the foregoing are true and
correct and that the false statements may subject me to the
penalties of 18 Pa.C.S. ~4904.
GOLDBERG, KATZMAN & SHIPMAN,
Johr~ 'R~.~"~inosky ~ ~
PoC.
Date: April 19, 2002
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of
the foregoing document 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
J~ day of ~l~ , 2002, addressed to the following:
Brian McCall, Esquire
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, PA 17101
Attorneys for Plaintiff
B. Craig Black, Esquire
McKissock & Hoffman, P.C.
2040 Linglestown Road, Suite
Harrisburg, PA 17110
Attorneys for Defendant
77766.1
302
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Joh~R. Ninosky, Esqu~
Attorney I.D. No. 78000
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Additional
Defendant, Jennifer Maschmeyer
John R. Ninosky, Esquire
I.D. ~78000
GOLDBERG, KATZF~%N & SHIP~I~N, P.C.
320 Market Street
p. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Additional Defendant,
Jennifer Maschmeye r
: IN THE COURT OF COMMON PLEAS OF
CRAIG MASCHMEYER,
Plaintiff
VS.
MARLIN HIPPENSTEEL, JR.,
Defendant
VS.
JENNIFER MASCHMEYER,
Additional Defendant
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO: 01-5228
JURY TRIAL DEMANDED
ORDER~
AND NOW, this ~ day of __-- --
consideration of the Additional Defendant's
from Judgment of Default, the Additional Defendant's Petition is
GRANTED. The default judgment entered on April 9, 2002 is
, 2002, upon
Petition for Relief
opened.
BY THE
II/ THE MATTEE O~:
t~scta~'~t~
TEEM,
CASE NO: 01-5228
-VS-
HipPENSTEEL
As a prerequisite to service of a subpoena for documents and thin~s pursuant
to Eule 4009.22
DATE:~
MCS on behalf of B. C~
~ies tna~
c
subpoena with a copy of the subpoe~
(1) A notice of intent to serVe the ivered to each party at least
ailed or del
attached thereto was ~he date on
twenty days prior to
serVed,
(2) A copy of the notice of intent, includinE the proposed subpoena, s
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 subp°enawhich
is attached to the notice of intent to serve the subpoena.-
Atto~%eY
DEll-3355~2 89
CO~4~ObV~%I~TH OF PENNSSVANIA
COUNTY OF CLR~BERL~D
IN THE MATTER OF:
MASCH~EYER
HIPPENSTEEL
-VS-
COU~T OF COitION PLEAS
TERM,
CASE NO: 01-5228
N(Y~ICE OF T~ TO .qRRVE A SUBPOBHA TO PRODUCE ~ AND
THIF_,S FOR DISCOVEK~ Pu--~,~uANT TO ~-L~ 4009.21
HARTMAHMOTORCARS
M~S on behalf of B. CRAIG BLACY,~ ESq. intends to sero a subpoena
identical to the one ~hat is attached to this notice. You have ~mnt7 (20)
daTo frmt the date listed below in ~hich to file of record and serve upon the.
undersiined on objection to the subpoena. If ~be ~wnty da7 notice period is
vaived or if no objection is -'da, then the subpoena my be served. O~plete
copies of ~n7 reproduced records my be ordered at your expense by campletinS
the attached counsel card ond returnins sm to HCS or by contectin$ our local
l~S office.
DATE: 05~07~2002
CC= B. CRA/G BLACK, ES~.
- 8350-121
~S on behalf of
B. C~ATG ~.AC~ ESq.
Attorney for DKJ~BDAHT
Any questions resardin$ this matter, contact
TllKMCS GROUP INC.
1601M&RKKT STU~ET
J800
PH/LADKLPH/&, PA 19103
(215) 246-0900
DK02-186378 89449--C~1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MASCI{MEYER
VS
HIPPENSTEEL
File No. 01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: EXTON SQUARE SECURITY (Name of Person or Entity)
Within twenty (20) days after service of this SUsl~Oe~f~l~ordered by the court to produce the following documents or
things:
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek. in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the part3
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: B.CRAIG BLACK~ ESq.
ADDRESS: 2040 LINGLESTOWN RD., STE 302
HARRISBURG, PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
DATE:
Seal of the Court
Prothonotary/Clerk. Civil Di.j~m i
(Eft. 7/97)
EXPI,ANATION OF I F QUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
EXTON SQUARE SECURITY
260 EXTON SQUARE PARKWAY
EXTON, PA 19341
RE: 89449
CRAIG MATTHEW MASCHMEYER
Any and ali employment records, files and memorandums, compensation,
time and attendance records,personnel records, payroll and salary
reports and all medical records as an employee.
Dates Requested: up to and including thepresent.
Subject: CRAIG MATTHEW MASCHMEYER
1919 ESTHER DRIVE, CARLISLE, PA 17013
Social Security #: 195-68-8163
Date of Birth: 09-24-1973
SU10-375768 89 ~ ~ 9
CERTIFICATE
pREREQUISITE TO SERVICE OF A SUBPOENA
pUrSUANT TO RULE ~009.22
IN THE MATTER OF:
MASCHMEYER
COURT OF COMMON PLEAS
TERM,
HIPPENSTEEL
-VS-
CASE NO: 01-5228
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of B. CRAIG BLACK~ 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: 05/28/2002
MCS on behalf of
B. CRAIG BLACK, ESq.
Attorney for DEFENDANT
DEll-335543 8 9 4 4 9--Ll~-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MASCHMEYER
VS
HIPPENSTEEL
File No.
01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: HARTMAN MOTOR CARS
(Name of Person or En~i~)
Within twenty (20) days after service of this susl~oe~jordered by the court to produce the following documents o~
things:
_
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103
(Addre~,)
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 part~
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: B.CRAIG BLACK~ ESQ.
ADDRESS: 2040 LINGLESTOWN RD., STE 302
HARRISBURG, PA 17110
TELEPHONE: 215-2/+6-0900
SUPREME COURT ID #:
A~rORNEY FOR:
DEFENDANT
DATE:
Seal of the Court
(Eft. 7/97~
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HARTMAN MOTOR CARS
HARRISBURG MOTORS
6060 ALLENTOWN RD.
HARRISBURG, PA 17112
RE: 89449
CRAIG MAI'THEW MASCHMEYER
Any and all employment records, files and memorandums, compensation,
time and attendance records, personnel records, payroll and salary
reports and all medical records as an employee.
Dates Requested: up to and including the present.
Subject: CRAIG MATTHEW MASCHMEYER
1919 ESTHER DRIVE, CARLISLE, PA 17013
Social Security #: 19S.68-8163
Date of Birth: 09-24-1973
SU10-$7§770 89 ~ ~ ~ --'r.3..-'l
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOE
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
MASCHMEYER
HIPPENSTEEL
-VS-
As a prerequisite to service of a subpoena for documents
to Rule 4009.22
MCS on behalf of B. CRAIG BLACK~ ESq.
certifies that
(1) A notice of intent to serve the subpoena with a
attached thereto was mailed or delivered to each
twenty days prior to the date on which the subpo
served,
(2) A copy of the notice of intent, including the pr
attached to this certificate,
(3) No objection to the subpoena has been received,
(4) The subpoena which will be served is identical
is attached to the notice of intent to serve th~
DATE: 06/12/2002
Attorney for
iOURT OF COMMON PLEAS
TERM,
:ASE NO: 01-5228
and things pursuant
copy of the subpoena
party at least
ena is sought to be
~posed subpoena, is
~nd
the subpoena which
subpoena.
:K, Esq.
DEFENDANT
DEll-33)209 89449--L12
COI~II~IOI~Vw~ALTH OF PENNSY]
COUNTy OF Cr31VIBERL~
IN THE MATTER OF:
MASCHMEYER
-VANIA
~D
]0URT OF COMMON PLEAS
TERM,
office.
-VS-
UASE NO: 01-5228
HIPPENSTEEL
,o'r c- sm ,om
-~ ~u~ ux~cuv~R~ P~t~a~ ~ R~ 14009.21
~IS2 Y0~ ~'S C~ISTTAN ~L0~
~SS~ L~ ~L0~
T0: ~C~ A.
~S ~ behalf of B. C~G B~CK, ESq. ~tends to se~e a subpoena
identical to ~e ~e ~at is attached to this notice. Yo~ ~e ~nty (20)
days fr~ the ~te listed bel~ ~ ~ich to file of reco,,
:o~ ~d se~e upon ~e
~dersi~ed ~ objection to the subpoena. If ~e ~nty y notice period is
~ived or if no objection is ~de, then ~e subpoe~ ~y~be se~ed. C~lete
copies of ~y reproduced records ~y be ordered at your ~ense by c~let~g
the attached co~sel card ~d retu~ s-~ to ~S or b contact~ our local
- 8350-121
DAT~: 0512312002
CC: B. CRAZG BLACK, ESQ.
MCI on behalf of
B. :RA!G BLACK, ESq.
Att ~rney for DKFENDAHT
~m MCS GROUP INC.
16o~ ~ stash?
t8oo
Any questions regarding this matter, contact
PHIl
(21~
ADKLPHIA, PA 19103
246-0900
DE02-18 023 8 9/~/4 9 -- C 0 1
COMMONWEALTH OF PENNSYLV~
COUNTY OF CUMBERLAND
CRAIG M. MASCHMEYER :
:
VS :
:
HIPPENSTEEL :
:
:
SUBPOENA TO PRODUCE DOCUMENTS O
.FOR DISCOVERY PURSUANT TO RULE
TO: CUSTODIAN OF RECORDS FOR:CARLISLE YOUNG MENS CHRISTI
(Name of P~.or, or Entity)
Within twenty (20) days after service of this sub~0~n~]~x~derOd by the court ,,
things:
at MCS CROUP TNC., 1.601. I~RKET ST., #800, PHIT,A.,pA 1.91.02
You may deliver or mail legible copies of the documents or produce things requested
certificate of compliance, to the pan',/maldn$ this request at the address listed above.
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 twen
serving this subpoena may soek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO~
NAME: B.CRAIG BLACK, ESQ.
ADDRESS: 2040 LINGLESTOWN RD., STE 302
HARRISBURG, PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
A'I'TORNEY FOR: DEFENDANT
DATE:
Seal of the Court
BY TI~E COURT:
Protho,
File No. 01-5228
R THING:;
4009_9u
~roduce the following documents or
this subpoena, together with the
~ou have the right to seek, in
~, (20) days after its service, the party
/lNG PERSON:
(Eff. 7/973
EXPLANATION OF REQUIRED RFI ORDS
TO: CUSTODIAN OF RECORDS FOR:
CARLISLE YOUNG MEN'S CHRISTIAN
ASSOCIATION (YMCA)
311 SOUTH WEST STR.
CARLISLE, PA 17013
RE: 89449
CRAIG MAT'FHEW MASCHMEYER
Any and all employment records, files and memorandums, compensati<
time and attendance records, personnel records, payroll and salary
reports and all medical records as an employee.
Dates Requested: up to and including thepresent.
Subject :~RAIG MATFHEW MASCHMEYER
1919 ESTHER DRIVE, CARLISLE, PA 17013
Social Security #: 195-68-8163
Date of Birth: 09-24-1973
$IJi0-37{ 188 89669--L12
CERTIFICATE
PREI~EQUI$I~E TO SERVICE OF A SUBPOK
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
MASCHMEYER
HIPPENSTEEL
-VS-
As a prerequisite to service of a subpoena for documents
to Rule 4009.22
MCS on behalf of B. C~AIG BLACK, ESq.
certifies that
(1) A notice of intent to serve the subpoena with a
attached thereto was mailed or delivered to each
twenty days prior to the date on which the subpo~
served,
(2) A copy of the notice of intent, including the pr~
attached to this certificate,
(3) No objection to the subpoena has been received,
(4) The subpoena which will be served is identical
is attached to the notice of intent to serve the
DATE:. 06/12/2002
MCS on behalf
B. CRAIG BLAC
Attorney for
:0URT OF CO~ON PLEAS
TERM,
ASE NO: 01-5228
and things pursuant
:opy of the subpoena
party at least
ma is sought to be
)osed subpoena, is
the subpoena which
subpoena.
of
ESq.
)EFENDANT
DEll-33!~210 8944 9 --L13
CO~05~ALTH OF PENNS~
COUNTY OF CI3~BE~d
IN THE MATTER OF:
MASCHMEYER
HIPPENSTEEL
-VS-
'L VAN IA
AND
COURT OF COlOrON PLEAS
TERM,
CASE NO: 01-5228
CARLISLE YOUNG HEN,S CHRISTTAN EMPLOYMENT
I~ESSLER LUTHn~ ~PLOY~NT
TO~ KICHAELA. KORANDA, ESQUIRK
I~denS on behalf of B. CRAIG BLACK~ ESq. ~ntends - -
ttcal to the 'one that ts ....... co serve a su~x~na
~u ~o rzze oz rec rd and serve upon the
undersigned an objection to th~ subpoena. If the tuent da not
waived or if no obtectIon ~ m~. -~ .... Y~ Y ice per~od Is
coo~e8 of an ..... ~ .... i-.W--, ,-,,.,ncne 8uDpoena,,mybe served
MCS off~ce. -- .... -&u.~zs same =olg;S or con~ac~tn8 our ~oca!
DAT~: 05/2312002
CC: B. CRAIG BLACK, ESQ.
- 8350-121
Any questions regarding this matter, contact
TH]
16(]
d~8O
PHI
(21
on behalf of
:RAIG m~mr, ~.~fl~.
:orney for bs~n~Alfr
lES GROUP ~.
HARKET STREET
ADKLPHTA, PA 19103
5) 246-0900
DE02-1118023 8 9 4 4 9 -- C 0 1
COMMONWEALTH OF PENNSYLVt
..COUNTY OF CUMBERLAND
CRAIG M. MASCHMEYER
VS
HIPPENSTEEL
FOR DISCOVERY P~E
TO: CU_~_STO~DIAN OF RECORDS FOR: TRESSLER LUTHERAN WILDERNES~
rnam_ ..---'---------'~--_ ...___..____.__.
. ~ . o, rerson or
Within twenty (20) days a~er service of this sub~~p]~dered by the court to ]
things:
:lie No. 01-5228
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA. ,PA 191~
(Addru,)
You may deliver or mail legible copies of the documents or produce things requested b,, this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. ~ 0u 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 twent}
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOI4
NAME: B.CRAIG BLACK~ ESQ.
ADDRESS: 2040 LINGLESTOWN RD., STE 302
.. HARRISBURG~ PA 17110
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
A'I'rORNEY FOR: DE~'J~NDANT
Seal of the Court
DATE:
THINGS
!009.22
SCHOOL
,roduce the following documents or
(20) days after its service, the party
lNG PERSON:
vision
(Eff. 7/97~
EXPLANATION OF REQUIRED REI ORDS
TO: CUSTODIAN OF RECORDS FOR:
TRESSLER LUTHERAN
WILDERNESS SCHOOL
960 CENTURY DRIVE
MECHANICSBURG, PA 17055
RE: 89449
CRAIG MATFHEW MASCHMEYER
Any and all employment records, files and memorandums, compensati¢
time and attendance records, personnel records, payroll and salary
reports and all medical records as an employee.
Dates Requested: up to and including thepresent.
Subject: CRAIG MATTHEW MASCHMEYER
_ 1919 ESTHER DRIVE, CARLISLE, PA 17013
Social ~ecurity #: 195-68-8163
Date of Birth: 09-24-1973
SU10-376190 89449--L13
CERTIFICATE
.PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
MASCHMEYER
HIPPENSTEEL
-VS-
COURT OF CO~ON PLEAS
TERM,
CASE NO: 01-5228
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of B. CRAIG BLACK, 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: 06/25/2002
n beh~/of ~
BLACK, ESq.
Attorney for DEFENDANT
DEll-341728 89 4 4 9 --L14
COI~i~4Oi~sALTH OF PENNSYLVANIA
COUNTY OF C~BERLAND
IN THE MATTER OF:
MASCHMEYER
-VS-
COU~T OF COMMON PLEAS
TE~M,
CASE NO: 01-5228
HIPPENSTEEL
NOTICE OF II~f~NTTO SERVE A SUBPO~NATOPRODUCE DOCUMENTS AND
T~INGS FOR DISCOv~K¥ Po--~O~ TO RULE 4009.21
BELw~DERE ~ICAL CENTE~
M~DICAL HEC0~DS & BILLING
TO: MICHAEL A. KORANDA,ESQUIRE
MCS on behalf of B. CUA?G BLACK, 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
undersi~ned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena -~y be served. Coeq~lete
copies of any reproduced records may be ordered at your expanse by completing
the attached counsel card and returning same to F~S or by contacting our local
MCS office.
DATE: 06~05/2002
CC: B. CRAIG BLACK, ESQ.
- 8350-121
MCS on behalf of
B. Cu'?G ~T.ACK~ ESq.
Attorney for D~DANT
Any questions regarding ~his matter, contact
THE MCS GROUP INC.
1601 HAR~T STRUT
~8oo
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-189178 8 9 4 4 9-- CO 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MASCHMEYER
VS
HIPPENSTEEL
File No.
01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: BELYED~.RE MEDICAL CTR.FAMILY PRACTICE (Name of Person or Entity)
Within "--n, (20) day. ~ter se~ice of th(. sub~o.~ you ~.~o.~:~e cou, to produc, th. follo~ng do~um.nts or
things:
at MCS GROUP INC., 1601 MAREKT ST, #800, PHILA. ,PA 19103
(Ad~s)
YOU may deliver or mail I~ble copies o~ the d~uments or produce things requited by this subp~na, togsther with the
ce~ificate of compliance, to the p~ m~n8 this request at the address listed above. You have the right to see~ in
advance, the reasonable cost of prepping the zopies or producing the things sou~t.
If you fail to produce the d~uments or thin~ required by this subp~n~ within ~en~ (20) days ~er its se~ice, the p~
se~ing this subpoena may seek a cou~ order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: B. CRAIG BLACK~ ESQ.
ADDRESS: 2040 LINGLESTOWN RD.
STE~ 302
TELEPHONE 215-246-0900
SUPREME COURT ID #:
ATI'ORNEYFOR: DEFENDANT
DATE:
BY-THE COUR'F:~ t ~
Pmthonotary/CJerk, C~tvisi
Seal of the Court
(Eft. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
BELVEDERE MEDICAL CENTER
850 WALNUT BOTFOM ROAD
CARLISLE, PA 17013
RE: 89449
CRAIG MATFHEW MASCHMEYER
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including thepresent.
Subject: CRAIG MATFHEW MASCHMEYER
1919 ESTHER DRIVE, CARLISLE, PA 17013
Social Security #: 195-68-8163
Date of Birth: 09-24-1973
SU10-378434 89 4 4 9--L14
CERTIFICATE
PREREOUISITE TO SERVICE OF A SUBPOENA
PURSUA}F~' TO RULE 400).22
IN THE MATTER OF:
MASCHMEYER
HIPPENSTEEL
-VS-
COURT OF COMMON PLEAS
TERM,
CASE NO: 01-5228
AS a prerequisite to service of a subpoena for documents a-nd things pursuant
to Rule 4009.22
MCS on behalf of
MICHAEL B. VOLK, 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 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) The parties have waived the twenty-day notice provided in
Rules 4009.21 and 4009.22 and,
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 01/29/2003
MCS on beh Z qf/ /
MICHAEL B. V0LK, ESQ.
Attorney for DEFENDANT
DE12-222749 8 94 4 9 --T.15
01/,29/2003 11:47
01/2B/~03 10: ~
?1723B6190
71723B6190
TOMASKO&KORANDA
PAGE
NO. 881
01
Suite ~00, ~/"~m~'yl~uda /9103
URGENT!!!!!
~ 2~, 2003 :
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF:
MASCHMEYER
HlPPENSTEEL
-VS -
COURT OF COMMON PLEAS
TERM,
CASE NO: 01-5228
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
MILTON S. HERSHEY MED. CTR
A~Y A~D A~L DIAGNOSTIC FILMS
TO: MICHAEL A. KORANDA,ESQ.
MCS on behalf of MICHAEL B. VOLK, 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: 01/29/2003
CC: MICHAEL H. V0LK, ESQ.
- 8350-121
MCS on behalf of
MICHAEL B. VOLK, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
t800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-214361 8 944 9--CO I
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAiND
MASCMEYER
HIPPENSTEEL
-VS- : File No.
._
:
:
01-5228
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:' CUSTODIAN OF RECORDS FOR: MILTON S. HERSHEY MEDICAL CENTER
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things: SEE ATTACHED
at THE MCS GROUP, INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: MICHAEL B. VOLK, ESQ.
2040 LINGLESTOWN ROAD
ADDRESS:
HARRISBURG PA 17110
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: THE DEFENDANT
DATE:
FEB 0
/
Deputy~
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MILTON S. HERSHEY MED. CTR
500 UNIVERSITY DR
PO BOX 853
HERSHEY, PA 17033
RE: 89449
CRAIG MATHiEW MASCHMEYER
CAT scums, EEGs, EKGs, EMGs, and subse~luent ~por~., .mcluau~ ~and all such
items as may be stored in a computer d:~tnhas~ or othe~vise m electronic form,
Dates Requested: up to and inclu__ 'dmg the present.
Subject: CRAIG MA~W MA~L~tM~YER
.1919 ~ DRIVE, CAIH.I~qL~, PA 17013
Date of Birth: 09-24-1973
5U10-422284 8 9 4 4 9 --L1 5
Craig Maschmeyer,
Plaintiff
V.
Marlin Hippensteel, Jr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
ENTRY OF APPEARANCF
Please enter my appearance on behalf of Defendant, Marlin Hippensteel, Jr. in the
above-captioned action.
Date:~
Respectfully submitted,
McKissock & Hoffman, P.C.
By: ~
Edwin A.D. Sc~
Attorney I.D. No. 75902
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
CERTIFICATE OF SERVICF
I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance
upon the person(s) and in the manner indicated below, which service satisfies the requirements
of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States
Mail, first-class postage prepaid, addressed as follows:
Brian McCall, Esquire
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff)
BY:
McKissock & Hoffman, P.C.
Supreme Court I.D. No. 75902
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendant,
Marlin Hippensteel, Jr.
Craig Maschmeyer,
Plaintiff
Mo
Marlin Hippensteel, Jr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Docket No.: 01-5228
CIVIL ACTION - LAW
Please withdraw my
WITHDRAWAL OF APPEARANCE_
appearance, Michael B. Volk, Esquire,
on behalf of Defendant,
Marlin Hippensteel, Jr. in the above-captioned action.
Respectfully submitted, ,~
UcKissock & H_offman, P..C~/~~"'
Mt~:hael B. Volk, Esquire
Attorney I.D. No. 88553
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Date:
CERTIFICATE OF SERVlCF
I hereby certify that I am this day serving a copy of the foregoing Withdrawal of
Appearance upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States Mail, first-class postage prepaid, addressed as follows:
Brian McCall, Esquire
219 State Street
Harrisburg, PA 17101
(Counsel for Plaintiff)
Date:
McKissock & Hoffma, r'r, P.C.
~ · , Esquire
supreme Court I.D. No. 88553
2040 Linglestown Road
Suite 302
Harrisburg, PA 17110
(717) 540-3400
Attorneys for Defendant,
Marlin Hippensteel, Jr.
Johnson, Duffle, Stewart & Weidner
By: John R. Ninosky, Esquire
I.D. No. 78000
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
CRAIG MASCHMEYER,
V.
Plaintiff
MARLIN HIPPENSTEEL, JR.,
V,
Defendant
JENNIFER MASCHMEYER,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01 - ~228
JURY TRIAL DEMANDED
TO THE PROTHONOTARY:
Kindly change the address and
PRAECIPE
telephone number of John R. Ninosky~ Esquire, counsel for
Additional Defendant, to Johnson, Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne,
PA 17043-0109, telephone (717) 761-4540..
Respectfully submitted,
239060
JOHNSOJ~, DUFFLE, STEWART & WEIDNER
John R. 'nosky, Esquire'
Attorney I.D. No. 78000
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Additional Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly served upon the
following, by depositing the same in the United States Mail, postage prepaid, in
Lemoyne, Pennsylvania, on /I //,3/~ ¥
Brian McCall, Esquire
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, Pa 17101
Attorneys for Plaintiff
B. Craig Black, Esquire
McKissock & Hoffman, P.C.
2040 Linglestown Road, Suite 302
Harrisburg, PA 17110
Attorneys for Defendant
JOHNSON, DUFFLE, STEWART & WEIDNER
239061
By
I.D. #: 78000
P.O. Box 109
Lemoyne, PA 17043
(717) 761-4540
jrn@jdsw.com
Attorneys for Additional Defendant
227181-1
CRAIG M. MASCHMEYER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V AN1A
Plaintiff,
vs.
NO. 01-5228
MARLIN L. HIPPENSTEEL, JR.,
CIVIL ACTION - LAW
Defendant,
vs.
JENNIFER MASCHMEYER,
Additional Defendant: JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Kindly mark the above-captioned action settled, discontinued and ended with prejudice.
Respectfully submitted,
TOMASKO & KORANDA, P.e.
219 State Street
Harrisburg,PA 17101
Telephone: (717) 238-1100
By:~~p/a
MICHAEL A. KORANDA
P A ill #58808
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