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HomeMy WebLinkAbout06-0263KENNETH L. STOUDT and MICHELLE R. STOUDT, Plaintiffs, vs. HEATHER HOLLEY and NELSON HOLLEY, Individually and as the Guardian of Heather Holley Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. ()(o - aQ 210?L`T? CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE. A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Phone: 717-249-3166 or 800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defendersc de las demandas quc se presentan mas adelante en las siguientes paginas, debe tomar action dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentad.as aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe: anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. Sl USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER 1NFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Phone: 717-249-3166 or 800-990-9108 2 KENNETH L. STOUDT and MICHELLE R. STOUDT, Plaintiffs, vs. HEATHER HOLLEY and NELSON HOLLEY, Individually and as the Guardian of Heather Holley Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. Ob -.24.,3 ?L V t 1. ??yy? CIVIL ACTION - LAW COMPLAINT AND NOW, the Plaintiffs, Kenneth L. Stoudt and Michelle R. Stoudt, by and through their attorneys, Ira H. Weinstock, P.C., submit this Complaint demanding judgment against Defendants, Heather Holley and Nelson Holley, and in support thereof, aver the following: I. The Plaintiff, Kenneth L. Stoudt, is an adult iindividual and citizen of the Commonwealth of Pennsylvania residing at 144 Mountainview Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Plaintiff, Michelle R. Stoudt, is an adult individual and a citizen of the Commonwealth of Pennsylvania residing at 144 Mountainview Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Defendant, Heather Holley, is a juvenile individual and citizen of the Commonwealth of Pennsylvania, residing at 15 East South Street, Carlisle, Pennsylvania, 17013. 4. Defendant, Nelson Holley, is an adult individual and citizen of the Commonwealth of Pennsylvania, residing at 15 East South Street, Carlisle, Pennsylvania, 17013. 5. It is believed and therefore averred that Defendant, Nelson Holley, is the father and legal guardian of Defendant, Heather Holley. 6. On or about April 22, 2005, Plaintiff, Kenneth L. Stoudt, was operating a 1996 Chevrolet Silverado on Mount Rock Road in the vicinity of Short Road in a northerly direction at approximately 1:30 p.m. 7. At the aforementioned time and place, Defendant, Heather Holley, was operating a 1996 Chevrolet Cavalier Z24 in an easterly direction on Mount Rock Road in the vicinity of Short Road approaching a right-hand curve in the road. 8. Defendant, Heather Holly, while operating her motor vehicle and while attempting to negotiate a right-hand turn on Mount Rock Road, crossed over into the lane of travel of the Plaintiff, Kenneth L. Stoudt, striking the vehicle being operated by the Plaintiff, Kenneth L. Stoudt. 9. At the aforementioned time, the vehicle being operated by Defendant, Heather Holley, was owned by Defendant, Nelson Holley. 10. At the aforementioned time and place, the vehicle being operated by Heather Holley was operated with the consent and permission of Defendant, Nelson Holley. 1 I . As a result of the aforementioned collision, which was caused by the negligence of the Defendants, jointly and severally, Plaintiff sustained various serious bodily injuries and damages which will be described in greater detail herein. 12. As a direct and proximate result of the carelessness and negligence of the Defendants, jointly and severally, as described in the foregoing paragraphs of this Complaint, Plaintiff sustained severe and disabling injuries to the bones, muscles, tissues, nerves, tendons, and nervous system, including but not limited to: lumbar sprain/strain; thoracic sprain/strain; lateral chest strain and multiple contusions 2 13. As the direct and proximate result of the carelessness and negligence of the Defendants, jointly and severally, as described in the foregoing paragraphs of this Complaint, Plaintiff has been obliged to receive and undergo medical attention and care and to incur various medical expenses for the injuries which he has suffered and may be obliged to require in the future medicines, medical care, hospitalization and treatment and, in the future, may be compel led to expend sums of money and incur',monetary allegations for such care and treatment. 14. As the direct and proximate result of the carelessness and negligence of the Defendants, jointly and severally, as described in the foregoing paragraphs of this Complaint, Plaintiff has been disabled and may continue'to be disabled from performing his usual duties, occupations and vocations with a consequent loss of earnings, earning power and earning potential and has suffered and may continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation as well as limitation and restriction of his usual activities, pursuits and pleasures. COU T ONE KENNETH L. STOUDT vs. D EENDANT HEATHER HOLLEY 15. Plaintiffs incorporate by reference the allegations contained in Paragraphs 1 through 14 inclusive, as though the same were Set forth at length herein. 16. At all times described herein, Defendant, Heather Holley, owed the Plaintiff, Kenneth L. Stoudt, a duty to operate or cause der motor vehicle to be operated with due care and in conformity with the applicable statutes and common laws of the Commonwealth of Pennsylvania. 3 17. At all times described herein, Defendant, Heather Holley, owed a duty to Plaintiff, Kenneth L. Stoudt, not to operate her vehicle in such a manner as to injure the Plaintiff. 18. Defendant, Heather Holley's reckless and/or careless and/or negligent conduct directly and proximately and jointly and severally caused the Plaintiff, Kenneth L. Stoudt, to sustain all of his resulting losses, injuries and said losses and injuries were in no manner whatsoever due to any act or omission on the part of Plaintiff, Kenneth L. Stoudt. 19. At all times material herein, Plaintiff, Kenneth L. Stoudt, acted with due care and was not negligent in any manner. 20. Plaintiff, Kenneth L. Stoudt's injuries were directly and proximately caused by the negligence and carelessness of Defendants Heather Holley, jointly and severally, in one or more of the following ways: (a) Operating said motor vehicle in a careless, reckless and negligent manner; (b) Failure to have her vehicle under such control as to be able to negotiate the right-hand turn at the intersection of Mount Rock Road and Short Road; (c) Failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (d) Failure to travel in her designated lane of travel; (e) Operating her vehicle at 4n unsafe speed in violation of 75 Pa.C.S.A. § 3361; (t) Failure to apply her brakles in sufficient time to avoid striking Plaintiff's vehicle; (g) Failure to yield the right?of--way to Plaintiff s vehicle; 4 (h) Failure to keep a proper watch for traffic; (1) Failure to drive her vehicle with due regard for the highway and traffic conditions which were then occurring and of which she was or should have been aware; (j) Failure to keep proper a#d adequate control over her vehicle. WHEREFORE, Plaintiff demands jud4ment in his favor and against Defendants, jointly and severally, for a some in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County, together with delay damages, lawful interest, costs, and such other relief the Court deems just and appropriate. COU T TWO PLAINTIFF KENNETH L. STOUD vs. DEFENDANT NELSON HOLLEY, INDIVIDUALLY AND AS THE LEG L GUARDIAN OF HEATHER HOLLEY 21. Plaintiffs incorporate by refel the allegations contained in Paragraphs I through 20 inclusive, as though the same were ?et forth at length herein. 22. Prior to the incident referred toll herein, Defendant, Nelson Holley, was or should have been aware that Defendant, Heather Holly, would drive his vehicle recklessly, negligently and/or in violation of the Pennsylvania Motor 23. Defendant, Nelson Holley, Code. recklessly, wantonly and/or negligently by entrusting his vehicle to Defendant, Heather 24. As a direct and proximate of the reckless, wanton and/or negligent conduct of the Defendant, Nelson Holley, Plaintiff, Kenneth L. Stoudt, has been rendered sick, sore and disabled and has suffered lost wages, severe physical pain and mental anguish and has suffered a loss of his well-being and enjoyment of life. 25. All the losses, damages and injuries sustained by Plaintiff, Kenneth L. Stoudt, resulted from the acts and/or omissions of the Defendant, Nelson Holley, jointly and severally, and were in no manner whatsoever due to any act or omission on the part of Plaintiff, Kenneth L. Stoudt. 26. At all times material herein, Plaintiff, Kenneth L. Stoudt, acted with due care and was not negligent in any manner. WHEREFORE, Plaintiff demands and severally, for a some in excess of the Rules of Cumberland County, together with in his favor and against Defendants, jointly amount requiring arbitration under the damages, lawful interest, costs, and such other relief the Court deems just and appropriate. COUN THREE PLAINTIFF MICHELLE R. ST UDT vs. DEFENDANT HEATHER HOLLEY and DEFENDANT NELSON OLLEY, INDIVIDUALLY AND AS THE LEGAL GUARDIAN F HEATHER HOLLEY 27. Plaintiffs incorporate by through 26 inclusive, as though the same were 28. At all times material hereto, the allegations contained in Paragraphs 1 forth at length herein. Michelle R. Stoudt, was the lawfully wedded wife of Plaintiff, Kenneth L. Stoudt. 29. As a result of the injuries sustained by her husband, Plaintiff, Michelle R. Stoudt, has been and in the future may be deprived of the care, companionship, 6 COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF C4 ) We verify that the statements made in the attached pleading are true and correct. We understand that false statements herein are made subject to the penalties set forth in 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATED: b DATED: / Otp consortium and society of her husband, all of which will be to her great detriment and a claim is made therefore. WHEREFORE, Plaintiff, Michelle R. Stoudt, demands judgment against the Defendants, jointly and severally, in an amount in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County, together with delay damages, lawful interest, costs, and such other relief the Court deems just and appropriate. R spectfully Submitted I H. WEINSTOCK, P.C. 8 0 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 B . U JOHN B. DOTJGH TY Attorney LD.'Vo. 70680 Lrl 1 1 , J .. 11-1 SHERIFF'S RETURN - REGULAR t CASE NO: 2006-00263 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STOUDT KENNETH L ET AL VS HEATHER ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HOLLEY HEATHER was served upon the DEFENDANT , at 2125:00 HOURS, on the 13th day of January , 2006 at 15 EAST SOUTH STREET CARLISLE, PA 17013 by handing to DEB HOLLEY, MOTHER OF NELSON, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 Sworn and Subscribed to before me this ?6 & day of ?20VG A. D. `r Pro no ry So Answers: R. Thomas Kline 01/18/2006 IRA WEINSTOCK By: Depu y Sheriff SHERIFF'S RETURN - REGULAR "CASE NO: 2006-00263 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STOUDT KENNETH L ET AL VS HOLLEY HEATHER ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOLLEY NELSON DEFENDANT the , at 2125:00 HOURS, on the 13th day of January , 2006 at 15 EAST SOUTH STREET CARLISLE, PA 17013 by handing to DEB HOLLEY, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 01/18/2006 IRA WEINSTOCK B% - ?T Z- epuSher Prol? a SHERIFF'S RETURN - REGULAR CASE NO: 2006-00263 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STOUDT KENNETH L ET AL VS HOLLEY HEATHER ET ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOLLEY NELSON AS GUARDIAN FOR HEATHER HOLLEY the DEFENDANT , at 2125:00 HOURS, on the 13th day of January , 2006 at 15 EAST SOUTH STREET CARLISLE, PA 17013 by handing to DEB HOLLEY, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this a,S day of trD A . D . Pro t y So Answers A p YY T R. Thomas Kline 01/18/2006 IRA WRTNRTC)C'K By ---? Depu y Sheriff A POST & SCHELL, P.C. BY: DANA C. PANAGOPOULOS I.D. #:89491 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KENNETH L. STOUDT and MICHELLE R. STOUDT, Plaintiffs, V. HEATHER HOLLEY and NELSON HOLLEY, Individually and as the Guardian of Heather Holley, Defendants. ATTORNEYS FOR DEFENDANTS HEATHER HOLLEY AND NELSON HOLLEY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO: 06-263 CIVIL TERM JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendants in the captioned matter, and on whose behalf a jury trial is demanded. POST & SCHELL, P.C. -?LAA-(JY- BY: C. A C. PANAGOPOULOS, ESQUIRE CERTIFICATE OF SERVICE I, Dana C. Panagopoulos, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. John B. Dougherty, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 POST & SCHELL, P.C. BY: D dm? (f ' ??--? A C. PANAGOPOULOS DATE: 9-'Icz D 1' p .. .? c.? _ a ?i --! r _1_ ?-., "il .: __' =..v r. , .;- - ?_ POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA I.D. #:56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KENNETH L. STOUDT and MICHELLE R. STOUDT, Plaintiffs, V. HEATHER HOLLEY and NELSON HOLLEY, Individually and as the Guardian of Heather Holley, Defendants. ATTORNEYS FOR DEFENDANTS HEATHER HOLLEY AND NELSON HOLLEY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-263 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: ALL PARTIES YOU ARE HEREBY NOTIFIED to plead to the within New Matter within twenty (20) days of service thereof or a default may be entered against you. POST & SCHELL, P.C. By: POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA I.D. #:56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KENNETH L. STOUDT and MICHELLE R. STOUDT, Plaintiffs, V. HEATHER HOLLEY and NELSON HOLLEY, Individually and as the Guardian of Heather Holley, Defendants. ATTORNEYS FOR DEFENDANTS HEATHER HOLLEY AND NELSON HOLLEY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO: 06-263 CIVIL TERM JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment, and, if relevant, strict proof is demanded. 2. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment, and, if relevant, strict proof is demanded. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment, and, if relevant, strict proof is demanded. 7. Admitted. 8. Upon information and belief, it is admitted that a vehicle operated by Defendant, Heather Holly came in contact with a vehicle operated by Plaintiff Kenneth L. Stoudt. 9. Admitted. 10. Admitted. 11. Denied. Any and all allegations of negligence are expressly denied. By way of further answer, after reasonable investigation answering Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment, and, if relevant, strict proof is demanded. 12. Denied. Any and all allegations of negligence are expressly denied. Further, Answering Defendants are advised and therefore aver that the allegations in this paragraph contain conclusions of law to which a response is not required. By way of further answer, without specific reference to the time generally referred to in Plaintiff's Complaint after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded. 13. Denied. Any and all allegations of negligence are expressly denied. Further, Answering Defendants are advised and therefore aver that the allegations in this paragraph contain conclusions of law to which a response is not required. By way of further answer, without specific reference to the time generally referred to in Plaintiff's Complaint after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded. -3- 14. Denied. Any and all allegations of negligence are expressly denied. Further, Answering Defendants are advised and therefore aver that the allegations in this paragraph contain conclusions of law to which a response is not required. By way of further answer, without specific reference to the time generally referred to in Plaintiff's Complaint after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded. COUNT ONE KENNETH L. STOUDT v. DEFENDANT HEATHER HOLLEY 15. The preceding paragraphs are incorporated herein by reference 16-19. Denied. Without specific reference to the time generally referred to in Plaintiff's Complaint after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in these paragraphs, and, if relevant, strict proof is demanded. By way of further answer, Answering Defendants are advised and therefore aver that the allegations in these paragraphs contain conclusions of law to which a response is not required. 20. Denied. Answering Defendants are advised and therefore aver that the allegations in this paragraph contain conclusions of law to which a response is not required. By way of further answer, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded WHEREFORE, Defendants, Heather Holley and Nelson Holley, Individually and as the Guardian of Heather Holley, demand judgment in their favor and against Plaintiffs together with such other relief as this Honorable Court may deem just and appropriate. -4- COUNT TWO KENNETH L. STOUDT v. DEFENDANT NELSON HOLLEY INDIVIDUALLY AND AS THE LEGAL GUARDIAN OF HEATHER HOLLEY 21. The preceding paragraphs are incorporated herein by reference. 22. Denied. Answering Defendants are advised and therefore aver that the allegations in this paragraph contain conclusions of law to which a response is not required. By way of further answer, all allegations of negligence, reckless or wanton conduct are denied 23. Denied. Answering Defendants are advised and therefore aver that the allegations in this paragraph contain conclusions of law to which a response is not required. By way of further answer, all allegations of negligence reckless or wanton conduct are denied are denied. 24. Denied. Answering Defendants are advised and therefore aver that the allegations in this paragraph contain conclusions of law to which a response is not required. By way of further answer, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded. 25. Denied. Answering Defendants are advised and therefore aver that the allegations in this paragraph contain conclusions of law to which a response is not required. By way of further answer, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded. 26. Denied. Answering Defendants are advised and therefore aver that the allegations in this paragraph contain conclusions of law to which a response is not required. By way of further answer, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded. -5- WHEREFORE, Defendants, Heather Holley and Nelson Holley, Individually and as the Guardian of Heather Holley, demand judgment in their favor and against Plaintiff together with such other relief as this Honorable Court may deem just and appropriate. COUNT THREE PLAINTIFF MICHELLE R. STOUDT v. DEFENDANT HEATHER HOLLEY AND NELSON HOLLEY INDIVIDUALLY AND AS THE LEGAL GUARDIAN OF HEATHER HOLLEY 27. The preceding paragraphs are incorporated herein by reference. 28. Denied. Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded. 29. Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded. WHEREFORE, Defendants, Heather Holley and Nelson Holley, Individually and as the Guardian of Heather Holley, demand judgment in their favor and against Plaintiff together with such other relief as this Honorable Court may deem just and appropriate. NEW MATTER 30. Plaintiffs' claims may be barred by the applicable statute of limitations. 31. Plaintiffs' claims are subject to and limited by the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. Plaintiffs' claims for non-economic damages are barred to the extent it is held that Plaintiff's recovery is controlled by the Limited Tort Election and Plaintiff did not suffer a "serious injury" as that term is defined by the Pa.MVFRL. 33. Plaintiffs' claims are barred and/or limited to the extent it is found that Plaintiffs failed to mitigate their damages. -6- 34. Plaintiffs' claim for past and future medical special damages are limited to the amount received by Plaintiffs' medical care providers in satisfaction for their services rendered, or the amount of the bills for such services, whichever is less. 35. The incident, injuries and/or damages alleged to have been sustained by Plaintiffs I were not proximately caused by answering Defendants. 36. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiffs. 37. The incident and/or damages described in Plaintiffs' Complaint may have been caused or contributed to by the Plaintiffs. 38. Any acts or omissions of answering Defendants alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiffs. 39. The Plaintiffs may have failed to state a cause of action upon which relief can be granted. 40. Plaintiffs' claims are barred by the Doctrines of Release, Setoff and/or Accord and Satisfaction to the extent that Plaintiffs have entered into any agreements, releases or settlements, relating to the incident complained of the Complaint or the damages allegedly suffered therefrom. 41. Defendants demand and are entitled to a jury trial. -7- WHEREFORE, Defendants demand judgment in their favor and against together with such other relief as this Honorable Court may deem just and appropriate. POST & SCHELL, P.C. By: -8- Re: Stoudt v. Holley VERIFICATION I HEREBY VERIFY that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,r BY: Bather Holley DATE: a C Re: Stoudt v. Holley VERIFICATION I HEREBY VERIFY that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false I statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BY: A. 9 /" " Nels n Holley, Individually ay?U the Guardian of Heather Holley DATE: I (?? r ' CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: John Dougherty, Esquire IRA H. WEINSTOCK,P.C. 800 North Second Street Harrisburg, PA 17102 604--4 SANDRA MORALES DATE: /0/406- -9- c? ?? ?) ^ ? ---i ?? __?' . ?? (_ . '• "'? John B. Dougherty, Esquire Pa. I.D. No. 70680 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Fax: 717-238-6691 Attorneys for: PLAINTIFFS KENNETH L. STOUDT and MICHELLE R. STOUDT, Plaintiffs, VS. HEATHER HOLLEY and NELSON HOLLEY, Individually and a the Guardian of Heather Holley 30. Denied. Deft is required. To the extent an thereof at trial. 31. Denied. Deft is required. To the extent an thereof at trial. 32. Denied. Deft is required. To the extent an thereof at trial. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 06-263 Civil Term JURY TRIAL DEMANDED CIVIL ACTION - LAW 7 ' allegation contains a conclusion of law to which no answer r is required, Plaintiffs deny the same and demand strict proof ' allegation contains a conclusion of law to which no answer r is required, Plaintiffs deny the same and demand strict proof ' allegation contains a conclusion of law to which no answer r is required, Plaintiffs deny the same and demand strict proof 33. Denied. Deft is required. To the extent an thereof at trial. 34. Denied. Deft is required. To the extent an thereof at trial. 35. Denied. Deft is required. To the extent an thereof at trial. ' allegation contains a conclusion of law to which no answer r is required, Plaintiffs deny the same and demand strict proof ' allegation contains a conclusion of law to which no answer r is required, Plaintiffs deny the same and demand strict proof ' allegation contains a conclusion of law to which no answer r is required, Plaintiffs deny the same and demand strict proof 36. Denied. Defendants' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Plaintiffs deny the same and demand strict proof thereof at trial. 37. Denied. It is specifically denied that the incident and/or damages described in Plaintiffs' complaint were caused or contributed by the Plaintiffs in any manner whatsoever. To the contrary, Plaintiffs' damages were caused solely by the negligence of Defendants as set forth in Plaintiffs' complaint. 38. Denied. It is specifically denied that acts and/or omissions of the Defendants were not substantial causes or factors and/or did not result in the injuries and/or losses alleged by Plaintiffs. To the contrary, Defendants' negligence was the sole cause and/or factor in Plaintiffs' injuries as set forth in Plaintiffs' complaint. 2 39. Denied. Deft is required. To the extent an thereof at trial. 40. Denied. Deft is required. To the extent an thereof at trial. 41. Denied. Deft is required. To the extent an thereof at trial. ts' allegation contains a conclusion of law to which no answer is required, Plaintiffs deny the same and demand strict proof ' allegation contains a conclusion of law to which no answer is required, Plaintiffs deny the same and demand strict proof ' allegation contains a conclusion of law to which no answer is required, Plaintiffs deny the same and demand strict proof WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants, jointly and severally, for a sum in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County together with delay damages, lawful interest, costs, and such other relief the Court deems just anti appropriate. Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 B . g, OHN B. DOUGHERT Attorney I.D. No. 70680 3 CERTIFICATE OF SERVICE AND NOW, his 26th day of October, 2006, I, John B. Dougherty, Esquire, attorney for the Plaintiffs hereby certify that I served the within ANSWER TO DEFENDANTS' NEW MA TER this day by depositing the same in the United States mail, postage prepaid, in the post o face at Harrisburg, Pennsylvania, addressed to: By First Class ail: Micha el A. Boomsma, Esquire Post Schell, P.C. 1857 William Penn Way P. O. Box 10248 Lanca ster, PA 17605-0248 A By: JOHN B. DOU HERT rv u. T t T J r? ; M Fri POST & SCHELL, P.C. BY: CHRISTOPHER J. DIROSATO I.D. #:91307 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KENNETH L. STOUDT and MICHELLE R. STOUDT, Plaintiffs, V. HEATHER HOLLEY and NELSON HOLLEY, Individually and as the Guardian of Heather Holley, Defendants. ATTORNEYS FOR DEFENDANTS HEATHER HOLLEY AND NELSON HOLLEY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO: 06-263 CIVIL TERM JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned on behalf of Defendants relative the above captioned matter. PO & SCHELL, P.C. I BY A G PANAG U Attorney I.D. No. 89491 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendants in the captioned matter, and on whose behalf a jury trial is demanded. POST & SCHELL, P.C. BY: riz, RI PHER J. DIROSATO, ESQ. CERTIFICATE OF SERVICE I, Christopher DiRosato, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. John B. Dougherty, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 POST & SCHELL, P.C. Y BY: CHR OPHER J. DiROSATO DATE: `"'v .? c.... ?:?? ? ?? ? K, ?? ~?t ? ?. ? "?4 ?i+,,', ' r "?1 •+' , CERTIFICATE h" C-1 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KENNETH L. & MICHELLE R. STOUDT TERM, CUMBERLAND -VS- CASE NO: 06-263 HEATHER & NELSON HOLLEY, INDIV. & AS GUARDIAN OF HEATHER HOLLEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER DIROSATO, ESQw 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: 02/22/2007 V S MCS on ehalf of p????? ? ?- S PH R D ROSATO, ESQ. Attorney for DEFENDANT R1.23 133-H DE11-0673041 4 9763 -LO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH L. & MICHELLE R. STOUDT _VS_ HEATHER & NELSON HOLLEY, INDIV. & AS GUARDIAN OF HEATHER HOLLEY COURT OF COMMON PLEAS TERM, CASE NO: 06-263 NOTICE OF 'INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BROOKWOOD FAMILY MEDICAL CARLISLE REGIONAL MEDICAL CNTR DR. PAUL G. VARAHRAMI PENN'S WOOD PHYSICAL THERAPY ROADWAY EXPRESS, INC. LANCASTER U.C. SERVICE CENTER OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL EMPLOYMENT OTHER TO: JOHN DOUGHERTY, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER DIROSATO, 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: 02/02/2007 CC: CHRISTOPHER DIROSATO, ESQ. - Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER DIROSATO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0353812 49763-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH L. & MICHELLE R. STOUDT : vs. HEATHER & NELSON HOLLEY, INDIV. & AS File No. 06-263 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BROOKWOOD FAMILY MEDICAL (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 RIDE **** at The MCS Group Inc.. 1601 Market Street. Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTOPHER DIROSATO. ESO. ADDRESS: 1857 WILLIAM PENN WAY P O BOX 10248 LANCASTER, PA 17605 TELEPHONE: (21,5) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: D fendant BY T COURT: ('1111b Pro onotary/Cl Division 2 ??lQf Deputy Date: ? JC? AL ?Z.QG?f Seal of the Court 49763-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BROOKWOOD FAMILY MEDICAL 1200 WALNUT BOTTOM ROAD SUITE 312 CARLISLE. PA 17013 RE: 49763 KENNETH L STOUDT Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. MEDICAL RECORDS FROM 1970 TO PRESENT Dates Requested: from: 00-00-1970 to the present. Subject : KENNETH L STOUDT Social Security #: XXX-XX-3724 Date of Birth: 02-28-1958 R1.16S 133-H SU10-0668372 49763-LO1 CERTIFICATE ,, . PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KENNETH L. & MICHELLE R. STOUDT TERM, CUMBERLAND -VS- CASE NO: 06-263 HEATHER & NELSON HOLLEY, INDIV. & AS GUARDIAN OF HEATHER HOLLEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER DIROSATO, 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: 02/22/2007 MCS on behalf o ut ;` ,.., CH I T OSATO, ESQ. Attorney for DEFENDANT R1.23 133-H . DE11-0673042 49763-L02 COMMOWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH L. & MICHELLE R. STOUDT -VS- HEATHER & NELSON HOLLEY, INDIV. & AS GT'.zRDIAN OF HEATHER HOLLEY COURT OF COMMON PLEAS TERM, CASE NO: 06-263 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DRO=400D FAMILY MEDICAL CARLISLE REGIONAL MEDICAL CNTR DR. PAUL G. VARAHRAMI PENN'S WOOD PHYSICAL THERAPY ROADWAY EXPRESS, INC. LANCASTER U.C. SERVICE CENTER OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL EMPLOYMENT OTHER TO: JOHN DOUGHERTY, ESQ., PLAINTIFF CCJNSEL MCS on behalf of CHRISTOPHER DIROSATO, ESQ. intends to serve a subpoena iden-:iical 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 conie_ of any reproduced records may be ordered at your expense by completing the at'-ached counsel and and returning same to MCS or by contacting our local D.;?7 7-. . 2,1/02/2007 C-^_: CHRISTOPHER DIROSATO, ESQ. - A.:y questions regarding this matter, contact MCS on behalf of CHRISTOPHER DIROSATO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1-16S 133-H DE02-0353812 49763-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH L. & MICHELLE R. STOUDT : File No. 06-263- VS. HEATHER & NELSON HOLLEY, INDIV. & AS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL C'NTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER * * * * at The MCS Group, Inc 1601 Market Street Suite 800 Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTOPHER DIROSATO. ESO. ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCASTER, PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant FED 2 2 2091 Date: ..jam 19 2nol Seal of the Court BY TH OURT: Prothonotary/Cle J ivi ivision Deputy 49763-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CNTR 361 ALEXANDER SPRING RD MEDICAL RECORDS CARLISLE, PA 17013 RE: 49763 KENNETH L STOUDT Prior approval is required for fees in excess of $100.00-for... hospitals, $50.00 for all other providers. MEDICAL RECORDS FROM 1970 TO PRESENT Dates Requested: from: 00-00-1970 to the present. Subject : KENNETH L STOUDT Social Security #: XXX-XX-3724 Date of Birth: 02-28-1958 R1-16S 133-H SU10-0668374 49763-LO2 CERTIFICATE x PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KENNETH L. & MICHELLE R. STOUDT TERM, CUMBERLAND -VS- CASE NO: 06-263 HEATHER & NELSON HOLLEY, INDIV. & AS GUARDIAN OF HEATHER HOLLEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER DIROSATO, 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: 02/22/2007 111 CHRISTOPHE IROSATO, ESQ. Attorney for DEFENDANT R1.23 133-H DE11-0673043 49763-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH L. & MICHELLE R. STOUDT -VS- HEATHER & NELSON HOLLEY, INDIV. & AS GUARDIAN OF HEATHER HOLLEY COURT OF COMMON PLEAS TERM, CASE NO: 06-263 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BROOKWOOD FAMILY MEDICAL CARLISLE REGIONAL MEDICAL CNTR DR. PAUL G. VARAHRAMI PENN'S WOOD PHYSICAL THERAPY ROADWAY EXPRESS, INC. LANCASTER U.C. SERVICE CENTER OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL EMPLOYMENT OTHER TO: JOHN DOUGHERTY, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER DIROSATO, 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: 02/02/2007 CC: CHRISTOPHER DIROSATO, ESQ. - Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER DIROSATO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0353812 49763-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH L. & MICHELLE R. STOUDT : File No. 06-263 vs. HEATHER & NELSON HOLLEY, INDIV. & AS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR PAUL G VARAHRAMI (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Groin. Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTOPHER DIROSAT0. ESO. ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCASTER, PA 17605 TELEPHONE: 1155) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: J.'Z? god `r Seal of the Court BY TH COURT: Prot onotary/C , Civil Vivision Deputy 49763-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. PAUL G. VARAHRAMI 34 SPRINT DRIVE CARLISLE, PA 17013 RE: 49763 KENNETH L STOUDT Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. MEDICAL RECORDS FROM 1970-PRESENT Dates Requested: from: 00-00-1970 to the present. Subject : KENNETH L STOUDT Social Security #: XXX-XX-3724 Date of Birth: 02-28-1958 R1.16S 133-H SU10-0668376 49763-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KENNETH L. & MICHELLE R. STOUDT -VS- HEATHER & NELSON'HOLLEY, INDIV. & AS GUARDIAN OF HEATHER HOLLEY Y l h (jw COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-263 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER DIROSATO, 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: 02/22/2007 (MCS oUPHER alf of h t 4\ ? e5Q 1.5} ` ?1 uV R I OSATO, ESQ. Attorney for DEFENDANT R1.23 133-H DE11-0673044 49763-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH L. & MICHELLE R. STOUDT -VS- HEATHER & NELSON HOLLEY, INDIV. & AS GUARDIAN OF HEATHER HOLLEY COURT OF COMMON PLEAS TERM, CASE NO: 06-263 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BROOKWOOD FAMILY MEDICAL CARLISLE REGIONAL MEDICAL CNTR DR. PAUL G. VARAHRAMI PENN'S WOOD PHYSICAL THERAPY ROADWAY EXPRESS, INC. LANCASTER U.C. SERVICE CENTER OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL EMPLOYMENT OTHER TO: JOHN DOUGHERTY, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER DIROSATO, 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: 02/02/2007 CC: CHRISTOPHER DIROSATO, ESQ. - Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER DIROSATO, ES Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1-16S 133-H DE02-0353812 49763 -COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH L. & MICHELLE R. STOUDT : File No. 06-263 VS. HEATHER & NELSON HOLLEY, INDIV. & AS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PENN'S WOOD PHYSICAL THERAPY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS GL=. Inc 1601 Market Street Suite 800. Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTOPHER DIROSATO. ESQ. ADDRESS: 1857 WIL LLAM PENN WAY P. O. BOX 10248 LANCASTER, PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant F7,9 .? J BY 4otary/Cl UR***I Proton f Deputy Date: ?J a4--) / 9 pz'sb Seal of the Court 49763-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENN'S WOOD PHYSICAL THERAPY 419 STONEHEDGE DRIVE STE #3 CARLISLE, PA 17013 RE: 49763 KENNETH L STOUDT Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. MEDICAL RECORDS FROM 1970-PRESENT Dates Requested: from: 00-00-1970 to the present. Subject : KENNETH L STOUDT Social Security #: XXX-XX-3724 Date of Birth: 02-28-1958 R1.16S 133-H SU10-0668378 49763-L04 CERTIFICATE , PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KENNETH L. & MICHELLE R. STOUDT TERM, CUMBERLAND -VS- CASE NO: 06-263 HEATHER & NELSON HOLLEY, INDIV. & AS GUARDIAN OF HEATHER HOLLEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER DIROSATO, 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: 02/22/2007 MCS on ehal of ?V v.^ ,? SATO, ESQ Attorney for DEFENDANT R1.23 133-H DE11-0673045 49763-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH L. & MICHELLE R. STOUDT _VS_ HEATHER & NELSON HOLLEY, INDIV. & AS GUARDIAN OF HEATHER HOLLEY COURT OF COMMON PLEAS TERM, CASE NO: 06-263 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BROOKWOOD FAMILY MEDICAL CARLISLE REGIONAL MEDICAL CNTR DR. PAUL G. VARAHRAMI PENN'S WOOD PHYSICAL THERAPY ROADWAY EXPRESS, INC. LANCASTER U.C. SERVICE CENTER OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL EMPLOYMENT OTHER TO: JOHN DOUGHERTY, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER DIROSATO, 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 t'ie 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: 02/02/2007 CC: CHRISTOPHER DIROSATO, ESQ. - Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER DIROSATO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0353812 49763-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH L. & MICHELLE R. STOUDT : File No. 06-263 VS. HEATHER & NELSON HOLLEY, INDIV. & AS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ROADWAY EXPRESS INC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * - at The MCS Group, Inc 1601 Market Street, Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTOPHER DIROSATO. ES ADDRESS: 1$57 WILLIAM-PENN WAY TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C LTRT: Prothonotary/Clerk, ivil vision •?J f `'l.T ?J (J Deputy Date: Seal of the Court 49763-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROADWAY EXPRESS, INC. 100 ROADWAY DRIVE CARLISLE, PA 17013 RE: 49763 KENNETH L STOUDT Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING TIMECARDS, TIMESHEETS, WORK SCHEDULES, W-2S, W-4S, SIGN-IN SHEETS, VACATION DAYS TAKEN, LONG-TERM DISABILITY BENEFITS, OVERTIME SHEETS, EVAUATIONS, INCIDENT REPORTS, PROMOTION REPORTS, ETC. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : KENNETH L STOUDT Social Security #: XXX-XX-3724 Date of Birth: 02-28-1958 R1.16S 133-H SU1.0-0668380 49763-LO5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KENNETH L. & MICHELLE R. STOUDT TERM, CUMBERLAND -VS- CASE NO: 06-263 HEATHER & NELSON HOLLEY, INDIV. & AS GUARDIAN OF HEATHER HOLLEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER DIROSATO, 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: 02/22/2007 S on b half f , WESQ. CHRISTOPHER IROSATO111 Attorney for DEFENDANT R1.23 133-H DE11-0673046 49763-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH L. & MICHELLE R. STOUDT -VS- HEATHER & NELSON HOLLEY, INDIV. & AS GUARDIAN OF HEATHER HOLLEY COURT OF COMMON PLEAS TERM, CASE NO: 06-263 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BROOKWOOD FAMILY MEDICAL CARLISLE REGIONAL MEDICAL CNTR DR. PAUL G. VARAHRAMI PENN'S WOOD PHYSICAL THERAPY ROADWAY EXPRESS, INC. LANCASTER U.C. SERVICE CENTER OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL OTHER MEDICAL EMPLOYMENT OTHER TO: JOHN DOUGHERTY, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER DIROSATO, 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: 02/02/2007 CC: CHRISTOPHER DIROSATO, ESQ. - Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER DIROSATO, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 21.16S 133-H DE02-0353812 49763 -COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH L. & MICHELLE R. STOUDT VS. : File No. 06-263 HEATHER & NELSON HOLLEY, INDIV. & AS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LANCASTER U C SERVICE CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc 1601 Market Street Suite 800 PhiladelpW PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTOPHER DIROSATO. ESO. ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCASTER. PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant , Date: Seal of the Court BY THE OURT: Proth notary/C j evil ivision Deputy 49763-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LANCASTER U.C. SERVICE CENTER 60 WEST WALNUT STREET LANCASTER, PA 17608 RE: 49763 KENNETH L STOUDT Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL DOCUMENTS CONTAINED WITHIN ALL FILES RELATING TO ANY AND ALL UNEMPLOYMENT COMPENSATION CLAOMS FILE ON BEHALF OF THE SUBJECT RELATING TO UNEMPLOYMENT BENEFITS FILED ON 5/15/05 & REGARDING EMPLOYER: ROADWAY EXPRESS Subject : KENNETH L STOUDT Social Security #: XXX-XX-3724 Date of Birth: 02-28-1958 R1.16S 133-H SU10-0668382 49763-LO6 TA a W KENNETH L. STOUDT and MICHELLE R. STOUDT, Plaintiffs, V. HEATHER HOLLEY and NELSON HOLLEY, Individually and as the Guardian of Heather Holley, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO: 06-263 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended as to all parties. IRA H. WEINSTOCK, P.C. John B. Dougherty, squire Attorney for Plaintiffs DAT'?: __?0 ?? ?..? ??:: ?.=