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HomeMy WebLinkAbout06-0687IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.Lx.- ? Civil Action - (XX) Law ( ) Equity Robert L. Fink, Sr. and Mary Ann Fink, husband and wife 115 Kline Road Shippensburg, PA 17257 Plaintiffs V. Phillip Egolf 2236 Philadelphia Avenue Chambersburg, PA 17201 Richard Egolf 452 West Main Street Walnut Bottom, PA 17266 and Egolf Brothers Trucking, LLC. 452 West Main Street Walnut Bottom, PA 17266 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )A rney ( ) Stephen G. Held Esquire 1300 Linglestown Road Harrisburg, PA 17110 SignSture f Att rney (717) 238-2000 Supreme Court ID No. Name/Address/Telephone No. of Attorney Date: January 26. 2006 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS C MMENCED AN ACTION AGAINST YOU. S rot onot ry Date: E -* ZC? ( ) Check here if reverse is used for additional information eputy PROTHON. - 55 p -k 7C jfj J r i - , bJ ? CJ tnrd ter." ? -mac 0 r;, , ` RAWLE & HENDERSON ALP By: Gary N. Stewart Identification No.: 67353 By: Matthew J. McLees Identification No.: 7159 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendant, Egolf Brothers Trucking, L,L.C. ROBERT L. FINK, SR. and MARY ANN FINK Plaintiffs, vs. PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C. Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-687 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Egolf Brothers Trucking, L.L.C., in the above-referenced matter. l Dated: 2 I (0 RAWLE & HENDER LP By Gary N. Stewart, Esquire Matthew J. McLees, Esquire Attorney for Defendant, Egolf Brothers Trucking, L.L.C. 1265222 v.l R CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing entry of appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 RAWLE & HENDE LLP By: Gary N. Stewart, Esquire Date: 4 JU ?D? V 1265222 v.I i _, -; ? ?S 1 - 1 t. Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: HELD Dhhrlaw.com Attorney for Plaintiff ROBERT L. FINK, SR. and MARY ANN FINK, Plaintiffs V. PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, LLC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO.: 06-00687 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please reinstate the Writ in the above referenced matter. Defendants Richard Egolf and Egolf Brothers Trucking, LLC have been served. We will be serving Defendant Phillip Egolf via certified mail at the address listed below: Phillip Egolf 12721 West Greenway Road El Mirage, AZ 85335 HANDLER, HENNING & ROSENBERG By )(e"l ?C?20 Date: Steph Id, s . I.D. #72 63 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 ?', ROBERT L. FINK, SR. and, MARY ANN FINK, husband and wife, Plaintiffs, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-00687 PHILLIP EGOLF, RICHARD EGOLF, . and EGOLF BROTHERS, : CIVIL ACTION - LAW TRUCKING, LLC. Defendants 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 S. Bedford Street Carlisle, PA 17013 HANDLER HENNING & ROSENBERG, LLP By. ep-hUn G. Held, Esquire I. D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 ROBERT L. FINK, SR. and, MARY ANN FINK, husband and wife, Plaintiffs, V. PHILLIP EGOLF, RICHARD EGOLF, and EGOLF BROTHERS, TRUCKING, LLC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-00687 : CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en [as siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n 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 presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n 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 reclamaci6n 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. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYAA LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 HANDLER HEN"G & R,OSENBERG, LLP By 3tdohen'G. Held, Esquire I. D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 FAWP Directories\BWS\Complaints\MVA1Scenarios\Fink - trailer backing across roadway.wpd ROBERT L. FINK, SR. and, : IN THE COURT OF COMMON PLEAS MARY ANN FINK, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : NO. 06-00687 PHILLIP EGOLF, RICHARD EGOLF, . and EGOLF BROTHERS, : CIVIL ACTION - LAW TRUCKING, LLC. Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Robert L. Fink, Sr. and Mary Ann Fink, husband and wife, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and make the within Complaint against the Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC., as follows: 1. Plaintiff, Robert L. Fink, Sr., is a competent adult individual currently residing at 115 Kline Road, Shippensburg, Pennsylvania 17257. 2. Plaintiff, Mary Ann Fink, is a competent adult individual currently residing at 115 Kline Road, Shippensburg, Pennsylvania 17257. 3. Defendant, Phillip Egolf, is a competent adult individual currently residing at 12727 West Greenway Road, El Mirage, Arizona 85335. 4. Defendant, Richard Egolf, is a competent adult individual currently residing at 305 Springfield Road, Shippensburg, Pennsylvania 17257. 5. Defendant, Egolf Brothers Trucking, LLC is a business with an office located at and known as 305 Springfield Road, Shippensburg, Pennsylvania 17257. 6. At all times material hereto, Plaintiff, Robert L. Fink, Sr., was the owner and operator of a 2000 Chevrolet, bearing Pennsylvania Registration Plate Number W R23393 (hereinafter referred to as "Plaintiffs' vehicle'). 7. At all times material hereto, Defendant, Phillip Egolf, was the operator of a 1995 Freightliner owned by Defendant, Richard Egolf and/or Defendant Egolf Brothers Trucking, LLC., bearing Pennsylvania Registration Plate Number AE92907 (hereinafter referred to as "Defendants' vehicle"). 8. At the time of the collision, Plaintiff, Robert L. Fink, Sr., was insured under a motor vehicle policy through Hartford Insurance Company. Plaintiff was covered by the Full Tort Option. 9. On or about February 26, 2004, at approximately 7:22pm, Plaintiffs' vehicle, was traveling west on West Main Street, near the village of Walnut Bottom, in South Newton Township, Cumberland County, Pennsylvania. 10. On orabout February 26, 2004, at approximately 7:22pm, Defend ants'vehicle, was traveling east on West Main Street, near the village of Walnut Bottom, in South Newton Township, Cumberland County, Pennsylvania. 11. At approximately the same time and place, Plaintiffs' vehicle was traveling west on West Main Street, Defendants'vehicle suddenly and without warning began to back into a driveway at 452 West Main Street from the eastbound lane causing a violent collision with Plaintiffs' vehicle. 12. As a direct and proximate result of the negligence of Defendants, the Plaintiff, Robert L. Fink, Sr., sustained serious and extensive injuries as set forth more specifically below. -2- COUNTI - NEGLIGENCE ROBERT L. FINK. SR. v. PHILLIP EGOLF 13. Paragraphs 1 through 14 are incorporated herein as if set forth at length. 14. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Robert L. Fink, Sr., were caused directly and proximately by the negligence of Defendant, Phillip Egolf, more specifically, as set forth below: a. In failing to yield the legal right-of-way to Plaintiffs' vehicle in, violation of 75 Pa.C.S.A. § 3324; b. In failing to be reasonably vigilant to observe Plaintiffs' vehicle; C. In failing to properly and adequately observe the traffic conditions then and there existing; d. In driving in a careless manner in violation of 75 Pa. C.S.A. § 3714; e. In failing to operate Defendants' vehicle under proper and adequate control so that Plaintiff, Robert L. Fink, Sr., could avoid striking Defendants' vehicle; f. In improperly backing across the westbound lane of West Main Street, South Newton Township, Cumberland County, Pennsylvania; g. In failing to keep a proper lookout for vehicles lawfully proceeding westbound West Main Street, South Newton Township, Cumberland County, Pennsylvania; h. In driving his vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of -3- the Commonwealth of Pennsylvania; i. In failing to have due regard for the speed of the vehicles and the traffic upon, and the condition of, the highway, in violation of 75 Pa. C.S.A. § 3310(a); j. In interfering with other vehicle traffic on West Main Street, South Newton Township, Cumberland County, Pennsylvania and not yielding the right away to the same while backing in violation of 75 Pa. C.S.A. § 3702; k. In violating Federal Motor Carrier Safety Regulations with respect to the illumination and reflectors on the tractor and trailer unit. 1. In failing to exercise the high degree of care required of a motorist executing a backing maneuver; and M. In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing. 15. As a direct and proximate result of the negligence of Defendant, Phillip Egolf, Plaintiff, Robert L. Fink, Sr., sustained severe injuries, including, but not limited to, back and neck injuries. 16. As a direct and proximate result of the negligence of Defendant, Phillip Egolf, Plaintiff, Robert L. Fink, Sr., has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 17. As a direct and proximate result of the negligence of Defendant, Phillip Egolf, -4- Plaintiff, Robert L. Fink, Sr., has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 18. As a direct and proximate result of the negligence of Defendant, Phillip Egolf, Plaintiff, Robert L. Fink, Sr., has been, and will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 19. As a direct and proximate result of the negligence of Defendant, Phillip Egolf, Plaintiff, Robert L. Fink, Sr., has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 20. Plaintiff, Robert L. Fink, Sr., believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Robert L. Fink, Sr., seeks damages from Defendant, Phillip Egolf, in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. COUNT II - NEGLIGENT ENTRUSTMENT ROBERT L. FINK. SR. v. RICHARD EGOLF 21. Paragraphs 1 through 20 above are incorporated herein as if set forth at length. 22. At all times material hereto, Defendant, Richard Egolf, owned the vehicle operated by Defendant, Phillip Egolf. -5- 23. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Robert L. Fink, Sr., are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Richard Egolf, in allowing Defendant, Phillip Egolf, to operate his vehicle when he knew, or should have known, of his propensity to operate motor vehicles in the manner set forth in Paragraph 14(a) - (m) above. 24. As a direct and proximate result of the negligence of the Defendant, Richard Egolf, Plaintiff, Robert L. Fink, Sr., sustained severe injuries including, but not limited to, back and neck injuries. 25. As a result of the negligence of Defendant, Richard Egolf, Plaintiff, Robert L. Fink, Sr., has been, and will in the future be, hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his loss, humiliation and embarrassment. 26. As a result of the negligence Defendant, Richard Egolf, Plaintiff, Robert L. Fink, Sr., has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 27. As a result of the negligence of Defendant, Richard Egolf, Plaintiff, Robert L. Fink, Sr., has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his detriment and loss. 28. As a result of the negligence of Defendant, Richard Egolf, Plaintiff, Robert L. Fink, Sr., has suffered a loss of life's pleasures, and will continue to endure the same in -6- the future to his detriment and loss. 29. Plaintiff, Robert L. Fink, Sr., believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Robert L. Fink, Sr., seeks damages from Defendant, Richard Egolf, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III -VICARIOUS LIABILITY ROBERT L FINK SR. v. EGOLF BROTHERS TRUCKING, LLC. 30. Paragraphs 1 through 34 above are incorporated herein as if set forth at length. 31. At all times material to this action, Defendant, Phillip Egolf, was an agent, servant, and/or employee of Defendant, Egolf Brothers Trucking, LLC. 32. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Robert L. Fink, Sr., are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendants, Phillip Egolf and Egolf Brothers Trucking, LLC. 33. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Phillip Egolf, occurred while acting in, and upon, the business of Defendant, Egolf Brothers Trucking, LLC., and within the course and scope of his agreement and/or license with said Defendant. 34. Defendant, Egolf Brothers Trucking, LLC., is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Robert L. Fink, Sr., which include, but are not limited to injures to his neck and back. -7- 35. Defendant, Egolf Brothers Trucking, LLC., is vicariously liable forthe great physical, emotional, and financial loss Plaintiff, Robert L. Fink, Sr., has suffered and will continue to endure for an indefinite period of time in the future. 36. Defendant, Egolf Brothers Trucking, LLC., is vicariously liable for the expenses Plaintiff, Robert L. Fink, Sr., has been compelled, in order to effect a cure for the aforesaid injuries, to spend for medicine and/or medical attention, and will be required to expend money for the same purpose in the future, to his great detriment and loss. 37. Defendant, Egolf Brothers Trucking, LLC., is vicariously liable for hindering Plaintiff, Robert L. Fink, Sr., from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 38. Defendant, EgolfBrothers Trucking, LLC.,isvicariouslyliableforthegreatdetriment and loss Plaintiff, Robert L. Fink, Sr., has suffered and will continue to suffer, from losing life's pleasures. 39. Plaintiff, Robert L. Fink, Sr., believes and, therefore, avers that his injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Robert L. Fink, Sr., seeks damages from Defendant, Egolf Brothers Trucking, LLC, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT IV - LOSS OF CONSORTIUM MARY ANN FINK v. PHILLIP EGOLF 40. Paragraphs 1 through 39 above are incorporated herein as if set forth at length. 41. At all times material to this action, Plaintiffs, Mary and Fink and Robert L. Fink, Sr. -8- were married as husband and wife. 42. As a direct and proximate result of Defendant, Phillip Egolfs, negligence, the Plaintiff, Mary Ann Fink, has suffered a loss of consortium, society, and comfort from her husband, Robert L. Fink, Sr., and she will continue to suffer a similar loss in the future. 43. As a direct and proximate result of Defendant, Phillip Egolfs, negligence, the Plaintiff, Mary Ann Fink, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Mary Ann Fink, seeks damages from the Defendant, Phillip Egolf, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. COUNT V - LOSS OF CONSORTIUM MARY ANN FINK v. RICHARD EGOLF 44. Paragraphs 1 through 39 above are incorporated herein as if set forth at length. 45. At all times material to this action, Plaintiffs, Mary and Fink and Robert L. Fink, Sr. were married as husband and wife. 46. As a direct and proximate result of Defendant, Richard Egolfs, negligence, the Plaintiff, Mary Ann Fink, has suffered a loss of consortium, society, and comfort from her husband, Robert L. Fink, Sr., and she will continue to suffer a similar loss in the future. -9- 47. As a direct and proximate result of Defendant, Richard Egolf s, negligence, the Plaintiff, Mary Ann Fink, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Mary Ann Fink, seeks damages from the Defendant, Richard Egolf, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT VI - LOSS OF CONSORTIUM MARY ANN FINK v. EGOLF BROTHERS TRUCKING. LLC. 48. Paragraphs 1 through 39 above are incorporated herein as if set forth at length. 49. At all times material to this action, Plaintiffs, Mary and Fink and Robert L. Fink, Sr. were married as husband and wife. 50. As a direct and proximate result of Defendant, Egolf Brothers Trucking, LLC., negligence, the Plaintiff, Mary Ann Fink, has suffered a loss of consortium, society, and comfort from her husband, Robert L. Fink, Sr., and she will continue to suffer a similar loss in the future. 51, As a direct and proximate result of Defendant, Egolf Brothers Trucking, LLC., negligence, the Plaintiff, Mary Ann Fink, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss. -10- WHEREFORE, Plaintiff, Mary Ann Fink, seeks damages from the Defendant, Egolf Brothers Trucking, LLC., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: J ? 4OG Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: y4w j Step a G. a d, s ire I.D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs -11- VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. 1i Date: Robert L. Fink, Sr. VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: Mary Ann Fink ROBERT L. FINK, SR. and, MARY ANN FINK, husband and wife, Plaintiffs, V. PHILLIP EGOLF, RICHARD EGOLF, and EGOLF BROTHERS, TRUCKING, LLC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-00687 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 24'h day of March, 2006, 1 hereby certify that I have served the within document upon Counsel for Defendant/Defendants by sending a true and correct copy of the same to him/them via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail. Mr. Gary N. Stewart Rawle & Henderson, LLP 25 North Front Street, 1st Floor Harrisburg, PA 17101 Phillip Egolf 12727 West Greenway Road El Mirage, AZ 85335 Richard Egolf 305 Springfield Road Shippensburg, PA 17257 HANDLER, HENNING & ROSENBERG, LLP Maria Wells, Legal Secretary to Stephen G. Held, Esquire ( i l -i ; ` CI r' Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: HELDno hhrlaw.com ROBERT L. FINK, SR. and MARY ANN FINK, Plaintiffs V. PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, LLC, Defendants Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO.: 06-00687 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please reinstate the Writ in the above referenced matter. Defendants Richard Egolf and Egolf Brothers Trucking, LLC have been served. We are attempting to serve Defendant Phillip Egolf at the address listed below: Phillip Egolf 12721 West Greenway Road El Mirage, AZ 85335 HANDL HENNING /TPOSENBERG By Date: '? I3I bla Stephe G' Held, Esq. I.D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 .. ? _, _:, t,? Y.I RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Jeffrey C. Mickletz Identification No.: 87531 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. ROBERT L. FINK, SR, and MARY ANN FINK Plaintiffs, VS. PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C. Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-687 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC., in the above-referenced matter. RAWLE & HENDERSON LLP By Dated: L4 _1q_C)? 8T" N. Stewart, Esquire Je ey C. Mickletz, Esquire ttomeys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. 1293397 v.1 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing Entry of Appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 RAWLE & HENDERSON LLP By: C. Mickletz, Esquire Date: 4-0-0(_y 1293397 v.1 To Plaintiffs: You are hereby notified to file a written response to the new matter within twenty (20) days from service hereof or ajudgment may be entered against you. RAWLE & HE ' LLP By: Gary N. Stewart, Esquire RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 ROBERT L. FINK, SR. and MARY ANN FINK Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, L.L.C. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiffs, VS. NO: 06-687 PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, LLC Defendants DEFENDANTS PHILLIP EGOLF, RICHARD EGOLF AND EGOLF BROTHERS TRUCKING, LLC.'s ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, L.L.C., by and through their attorneys, Rawle & Henderson LLP, answer plaintiffs' complaint, upon information and belief, as follows: Admitted in part; denied in part. Admitted that plaintiff is an adult individual. Defendants have insufficient knowledge or information upon which to form a 1289864 v_ I belief as to the truth of the remaining averments contained in paragraph 1 of the complaint, and therefore, the said averments are denied. 2. Admitted in part; denied in part. Admitted that plaintiff is an adult individual. Defendants have insufficient knowledge or information upon which to form a belief as to the truth of the remaining averments contained in paragraph 2 of the complaint, and therefore, the said averments are denied. 3. Admitted in part; denied in part. Admitted that defendant is an adult individual. The remaining averments contained in paragraph 4 of the complaint, and therefore, the said averments are denied. 4. Admitted in part; denied in part. Admitted that defendant is an adult individual. The remaining averments contained in paragraph 4 of the complaint, and therefore, the said averments are denied. 5. Admitted. 6. Denied. Defendants have insufficient knowledge or information upon which to form a belief as to the truth of the remaining averments contained in paragraph 6 of the complaint, and therefore, the said averments are denied. 7. Admitted. 8. Denied. Defendants have insufficient knowledge or information upon which to form a belief as to the truth of the remaining averments contained in paragraph 8 of the complaint, and therefore, the said averments are denied. 9. Admitted. 10. Admitted upon such information and belief. 1289864 v, l 11. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. Defendants have insufficient knowledge or information upon which to form a belief as to the truth of the remaining averments contained in paragraph I 1 of the complaint, and therefore, the said averments are denied. 12. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 12 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. COUNT I- NEGLIGENCE ROBERT L. FINK. SR. V. PHILLIP EGOLF 13. The defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC, herein incorporate paragraphs 1 through 12 of their answers to the plaintiffs' complaint as if set forth below. 14. (a.- m.) Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 14 and its subparts of the complaint contain conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 15. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 15 of the complaint contains conclusions of 1289864 v.1 law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 16. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 16 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 17. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 17 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 18. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 18 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 19. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 19 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 1289864 v.1 20. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 20 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. WHEREFORE, defendants respectfully request that this Honorable Court dismiss plaintiffs' complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendants and against the plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT II- NEGLIGENT ENTRUSTMENT ROBERT L. FINK. SR. V. RICHARD EGOLF 21. The defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC, herein incorporate paragraphs 1 through 20 of their answers to the plaintiffs' complaint as if set forth below. 22. Admitted. 23. (a.- m.) Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 23 and its subparts of the complaint contain conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 24. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 24 of the complaint contains conclusions of 1289864 vA law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 25. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 25 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 26. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 26 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 27. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 27 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 28. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 28 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 1289864 v.I 29. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. Defendants have insufficient knowledge or information upon which to form a belief as to the truth of the remaining averments contained in paragraph 29 of the complaint, and therefore, the said averments are denied. WHEREFORE, defendants respectfully request that this Honorable Court dismiss plaintiffs' complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendants and against the plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT III- VICARIOUS LIABILITY ROBERT L. FINK SR. V. EGOLF BROTHERS TRUCKING, LLC 30. The defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC, herein incorporate paragraphs 1 through 29 of their answers to the plaintiffs' complaint as if set forth below. 31. Admitted that Phillip Egolf was an employee of defendant Egolf Brothers Trucking, LLC. 32. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 32 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 33. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at 1289864 v.I trial. By way of further answer, paragraph 33 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 34. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 34 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 35. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 35 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 36. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 36 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 37. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 37 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 1289864 vA 38. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 38 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 39. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. Defendants have insufficient knowledge or information upon which to form a belief as to the truth of the remaining averments contained in paragraph 39 of the complaint, and therefore, the said averments are denied. WHEREFORE, defendants respectfully request that this Honorable Court dismiss plaintiffs' complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendants and against the plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT IV- LOSS OF CONSORTIUM MARY ANN FINK V. PHILLIP EGOLF 40. The defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC, herein incorporate paragraphs 1 through 39 of their answers to the plaintiffs' complaint as if set forth below. 41. Denied. Defendants have insufficient knowledge or information upon which to form a belief as to the truth of the remaining averments contained in paragraph 41 of the complaint, and therefore, the said averments are denied. 1289864 v.I 42. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 42 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 43. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 43 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. WHEREFORE, defendants respectfully request that this Honorable Court dismiss plaintiffs' complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendants and against the plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT V- LOSS OF CONSORTIUM MARY ANN FINK V. RICHARD EGOLF 44. The defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC, herein incorporate paragraphs 1 through 43 of their answers to the plaintiffs' complaint as if set forth below. 45. Denied. Defendants have insufficient knowledge or information upon which to form a belief as to the truth of the remaining averments contained in paragraph 45 of the complaint, and therefore, the said averments are denied. 1289864 v. I 46. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 46 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 47. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 47 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. WHEREFORE, defendants respectfully request that this Honorable Court dismiss plaintiffs' complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendants and against the plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT VI- LOSS OF CONSORTIUM MARY ANN FINK V. EGOLF BROTHERS TRUCKING LLC 48. The defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC, herein incorporate paragraphs I through 47 of their answers to the plaintiffs' complaint as if set forth below. 49. Denied. Defendants have insufficient knowledge or information upon which to form a belief as to the truth of the remaining averments contained in paragraph 49 of the complaint, and therefore, the said averments are denied. 1289864 v.I 50. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 50 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. 51. Denied. In addition, it is specifically denied that defendant was negligent, careless or reckless in any manner whatsoever and strict proof thereof is demanded at trial. By way of further answer, paragraph 51 of the complaint contains conclusions of law to which no responsive pleading is required. To the extent that they are deemed otherwise, they are denied. WHEREFORE, defendants respectfully request that this Honorable Court dismiss plaintiffs' complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendants and against the plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. NEW MATTER DEFENSES 52. Plaintiffs' Complaint fails to state a claim against defendants for which relief can be granted. 53. Plaintiffs' claims against defendants are barred or reduced by the doctrine of assumption of the risk. 54. Plaintiffs' claims against defendants are barred or reduced by their own comparative negligence. 1289864 v_1 55. No omissions or conduct on the part of defendants contributed to plaintiffs' alleged injuries and damages. 56. Plaintiffs failed to mitigate their alleged damages. 57. The damages complained of in the Complaint pre-existed or are unrelated to the accident which is the subject matter of this Complaint. 58. The accident was proximately caused, in whole or in part, by the acts of parties for whom defendants are not legally responsible. 59. Plaintiffs' alleged damages, if any, were the result of an unavoidable accident, sudden emergency, or Act of God. 60. Plaintiffs' claims against defendants are barred or limited by their violation of the rules, regulations and statutes of the Commonwealth of Pennsylvania, and/or administrative regulations and/or the rules and regulations of all local authorities relevant hereto. 61. Defendants claim any and all defenses available to them pursuant to Pennsylvania law, including but not limited to Pennsylvania's Financial Responsibility Law, 75 Pa.C.S.A. § 1701 et M, 62. Service of process was improper and/or insufficient. 63. This Honorable Court lacks personal jurisdiction over the defendants. 1289864 v.l WHEREFORE, defendants deny liability to plaintiffs and demand judgment in defendants' favor, together with attorney's fees and costs, and such other relief as this Honorable Court deems just and proper. RAWLE & HENDE LLP By: Stewart, Esquire Identification No.: 67353 Attorney for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 gstewartArawle. com (717) 234-7700 (717) 234-7710 1289864 v.1 VERIFICATION GARY N. STEWART, ESQUIRE, hereby states that he is a member of the law firm of Rawle & Henderson LAP, attorney for defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC, and that he is authorized to take this verification on behalf of said defendant. The undersigned verifies that he has read the within pleading and that the same is true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements set forth in said pleading are made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904 relating to unsworn falsification to authorities. 'Al G, WY N. STEWART, ESQUIRE DATED: 6' 1289864 vA CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within- captioned document was served via first-class mail, postage prepaid, on the following: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire y?,g Dated: . & 1289864 v.I Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELDaHHRLAW.COM ROBERT L. FINK, SR. and MARY ANN FINK, Plaintiffs V. PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, LLC, Defendants Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 06-687 CIVIL ACTION - LAW PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS AND NOW, come the Plaintiffs, Robert L. Fink, Sr. and Mary Ann Fink, in their own right, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, who answers New Matter of Defendants as follows: 52. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it 1 is hereby denied. Byway of amplification, Plaintiffs' Complaint states a claim upon which relief can be granted. 53. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' have not assumed the risk of their injuries. 54. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' have not been comparatively negligent. 55. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, actions or conduct on the part of Defendants contributed to Plaintiffs' injuries and damages. 56. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' have not failed to mitigate their damages. 57. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' have not made claims for damages which are not related to this accident of which is the subject matter of this Complaint. 58. The averment of this paragraph is a conclusion of law to which no 2 responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, this averment lacks the specificity required by Pennsylvania Rules of Civil Procedure. Furthermore, this accident was proximately caused by acts of Instant Defendants. 59. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' damages were not caused by an unavoidable accident, sudden emergency or Act of God. 60. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' did not violate any rules, regulations and/or statutes of the Commonwealth of Pennsylvania and/or administrative regulations and/or rules and regulations of all local authorities relevant hereto; as such, Plaintiffs' claims are not barred or limited. 61. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Pennsylvania Financial Responsibility Law, 75 Pa. C.S.A. §1701 et sea. does not bar and/or limit recovery in any way. Furthermore, Defendants have failed to specifically plead any defenses under the Pennsylvania Financial Responsibility Law, and as such, are deemed waived pursuant to Pa. R.C.P. 1029. 62. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it 3 is hereby denied. By way of amplification, service of process was sufficient. 63. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, this Court has personal jurisdiction over the Defendants by virtue of the accident occurring in Cumberland County, Pennsylvania. WHEREFORE, Plaintiffs respectfully request this Court dismiss Defendants' Answer with New Matter and enter judgment in their favor against Defendants. Respectfully submitted, Date: HANDL , HENNI & ROSENBERG, LLP By: tephen G. Held, Esquire I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 4 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) STEPHEN G. HELD, ESQUIRE, states that he is the attorney forthe party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: 57 v S E G. FWELD, ESQUIRE Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELDOHHRLAW.COM Attorney for Plaintiff ROBERT L. FINK, SR. and IN THE COURT OF COMMON PLEAS MARY ANN FINK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO.: 06-687 PHILLIP EGOLF, RICHARD EGOLF CIVIL ACTION - LAW and EGOLF BROTHERS TRUCKING, LLC, Defendants CERTIFICATE OF SERVICE AND NOW, this 4th day of May, 2006, 1 hereby certify that I have served the within document upon Counsel of Record by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Gary N. Stewart, Esq. Rawle & Henderson, LLP 25 North Front Street, 1st Floor Harrisburg, PA 17101 HANDLER, HENNING & ROSENBERG, LLP -+ Yl ryj'a LO'kI L") Maria Wells, Legal Secretary to Stephen G. Held, Esquire 5 R i _C 77 ? C v , = 3 j r ro 3Za C' m 4 w 1? u RAWLE & HENDERSON u,P By: Gary N. Stewart Identification No.: 67353 By: Jeffrey C. Mickletz Identification No.: 87531 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 ROBERT L. FINK, SR. and MARY ANN FINK Plaintiffs, VS. PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C. Defendants. Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-687 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verifications of Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC's representative, James Egolf for the verification of counsel to defendants' Answer with New Matter to the plaintiffs' complaint, which was previously filed with the Court. RA Date: 1 b J l? J I tewart, Esquire Mickletz, Esquire :y for Defendants, Egolf, Richard Egolf and irothers Trucking, LLC 1300854 v.) CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing Praecipe to Substitute Verification was served via first class U.S. mail, postage pre-paid, upon the following: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 RAWLE & HENDERSON LLP ewart Esquire . Mickletz, Esquire ie for Defendants, Egolf, Richard Egolf and Brothers Trucking, LLC Date: S 1300854 v.1 VERIFICATION I, PHILLIP EGOLF, hereby state that I am over 18 years of age and I am authorized to make this Verification. I verify that the attached ANSWER WITH NEW MATTER is true and correct to the best of my knowledge, information and belief. The word usage and sentence structure may be that of the attorney assisting in the preparation of these responses, and thus does not necessarily purport to be the precise language of the executing party. Dated: ?Iz()( 1289864 v.1 VERIFICATION I, RICHARD EGOLF, hereby state that I am over 18 years of age and I am authorized to make this Verification. I verify that the attached ANSWER WITH NEW MATTER is true and correct to the best of my knowledge, information and belief. The word usage and sentence structure may be that of the attorney assisting in the preparation of these responses, and thus does not necessarily purport to be the precise language of the executing party. /P 141 R ARD EGOLF Dated: 1289864 v.l VERIFICATION I, James Egolf, hereby state that I am over 18 years of age and I am authorized to make this Verification on behalf of defendant, EGOLF BROTHERS TRUCKING, LLC. I verify that the attached ANSWER WITH NEW MATTER is true and correct to the best of my knowledge, information and belief. The word usage and sentence structure may be that of the attorney assisting in the preparation of these responses, and thus does not necessarily purport to be the precise language of the executing party. Dated: 1289864 v.] o ? co - e SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00687 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FINK ROBERT L SR ET AL VS EGOLF PHILLIP ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: EGOLF PHILLIP but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 17th , 2006 , this office was in receipt of the attached return from FRANKLIN _ ,- Sheriff's Costs: So answe - Docketing 18.00 Out of County 9.00 Surcharge 10.00 Thomas Kline Dep Franklin Cc 34.10 Sheriff of Cumberland County Postage .78 71.88 02/17/2006 HANDLER HENNING ROSENBERG Sworn and subscribed to before me this i 9 day of LL? 4CA, A.D rothono SHERIFF'S RETURN - REGULAR CASE NO: 2006-00687 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FINK ROBERT L SR ET AL VS EGOLF PHILLIP ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon EGOLF RICHARD DEFENDANT the , at 1340:00 HOURS, on the 8th day of February , 2006 at 305 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 by handing to JAMES EGOLF, BUSINESS PARTNER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 13.20 Affidavit .00 Surcharge 10.00 .00 29.20 Sworn and Subscribed to before So Answers: A R. Thomas Kline 02/17/2006 HANDLER HENNING ROSENBER By: Deputy Sheriff me this .28 ? day of CASE NO: 2006-00687 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FINK ROBERT L SR ET AL VS EGOLF PHILLIP ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon EGOLF BROTHERS TRUCKING LLC the DEFENDANT at 1340:00 HOURS, on the 8th day of February , 2006 at 305 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 by handing to EGOLF, BUSINESS PARTNER ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His 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 ,28?- day of oZo-D .D. P othonota So Answers: R. Thomas Kline 02/17/2006 HANDLER HENNING $ENBERG By: 2 ?... Deputy Sheriff In The Court of Common Pleas of Cumberland County, Pennsylvania Robert L. Fink Sr. et al vs. Phillip Egolf No. 06-687 civil February 6, 2006 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to 20? at o'clock M. served the a copy of the original and made known to the contents thereof. So answers, Sh .ri of County, PA COSTS Sworn and subscribed before SERVICE $ me this - day of 20 MILEAGE AFFIDAVIT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Robert L. Fink, Sr. and Mary Ann Fink, husband and wife 115 Kline Road Shippensburg, PA 17257 Plaintiffs V. No. L, _ 68-7 Civil Action - (XX) Law ( ) Equity Phillip Egolf 2236 Philadelphia Avenue Chambersburg, PA 17201 Richard Egolf 452 West Main Street Walnut Bottom, PA 17266 and 01 UL Q 7-?Illk Egolf Brothers Trucking, LLC. 452 West Main Street Walnut Bottom, PA 17266 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )A rney ( ), i Stephen G. Held. Esquire 1300 Linglestown Road Harrisburg PA 17110 Signdture f Att mey (717) 238-2000 Supreme Court ID No. i Name/Address/Telephone No. of Attorney Date: January 26. 2006 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PL/ ACTION AGAINST YOU. Date:1;:L 2 ivrG. ( ) Check here if reverse is used for additional informatign PROTHON. - 55 - TRUE COPY FROM RECORD ? Ypi wherod. hue ft a V MW aLCuhWe, Pa. 91 :b b 9- 833 9081 Vd ;l1N(IUJ QNV I8 8WO JAI83HS 3H1 A 1313jo SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00030 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN ROBERT L. FINK VS PHILLIP EGOLF ET AL ?v?rbkC ?cac?cl ?oo?k? GARY L WYRICK , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: PHILLIP EGOLF unable to locate Him in his bailiwick WRIT OF SUMMONS , but was He therefore returns the the within named DEFENDANT , PHILLIP EGOLF NOT FOUND , as to 2236 PHILADELPHIA AVENUE CHAMBERSBURG, PA 17201 DEFENDANT IS UNKNOWN AT THIS ADDRESS. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this _a? day of A. D. Notary CUMBERLAND CO SHERIFF 02/13/2006 ROWRT L. FINK, ET AL Plaintiff Court Of '""D p (Mc AHILL($ EGOLF, ET AL VS. um hNr lc, nid Venue Person to be served (Name and Address): Defendant Docket Number: 06 00687 PHILLIP EGOLF 12721 WEST GREENWAY ROAD EL MIRAGE AZ 85335 AFFIDAVIT OF SERVICE By serving: PHILLIP EGOLF (For Use by Private Service) Attorney. STEPHEN G. HELD, ESQ. Cost of Service pursuant to R. 4:4-3(c) Papers Served: PRAECIPE FOR WRIT OF SUMMONS Service Data: W Served Successfully [ ] Not Served DateTme: rJ 3 6 G " -6,4 PM [ ] Delivered a copy to him/her personally Attempts: DatafT- e: I - 0 to ) o`] S t°M [?( Left a copy with a competent household member over 14 years of age Dat Ime: - 3o M residing therein (indicate name & relationship at right) Date/Time: yP>., [ ] Left a copy with a person authorized to accept service, e.g. managing agent, Name of Person Served and relationship/title: registered agent, etc. (indicate name & official title at right) ' ??Jtfe. Description of Person Accepting Service: SEX: F AGE: 9,(,o HEIGHT:. X4 WEIGHT: SKIN: HAIR: Pd-Vb 17 OTHER: Unserved: [) Defendant is unknown at the address furnished by the attorney [ ) All reasonable inquiries suggest defendant moved to an undetermined address [) No such street in municipality (] Defendant is evading service [ ] No response on: DateTme: Date/rime: Date/Time: Other: Served Data: Subscribed and Sworn to me this day of Notary Signature: ?es.nncs?l ?- Nancy L. Houck Noun Public - Arlaim madc"s Cod* rrArCO COMMON" EWWM Oblbbbr a llm 2-00-7 11 061 r\ -4yn442?ls was at the time of service a competent adult not having a direct interest in the litigation. I declare under penalty of perjury that the foreaoioo is true and correct. Signature of Process Server Date S.P. mlf ^ = r . o c 2 }>C- 4 1 N ? SO^k o? py.r•p- v >.. q.. w RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Jeffrey C. Mickletz Identification No.: 87531 By: Michael T. Traxler Identification No.: 90961 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. ROBERT L. FINK, SR. and MARY ANN FINK Plaintiffs, VS. PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C. Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-687 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as co-counsel with Gary N. Stewart, Esquire and Jeffrey C. Mickletz, Esquire on behalf of defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC., in the above-referenced matter. RAWLE & HENDERSON LLP By sZLu.???? / . ?i ..vr -? Gary N. Stewart, Esquire Jeffrey C. Mickletz, Esquire Michael T. Traxler, Esquire Attorneys for Defendants, Phillip Egolf, Richard Egolf and Dated: Egolf Brothers Trucking, LLC. / ?l / / S?aOQ?O 1343365 v.l CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing Entry of Appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 RAWLE & HENDERSON LLP By: - Michael T. Traxler, Esquire Date: ?//? 1.-W6 1343365 v.I U N y N i zriV U RAWLE & HENDE SON LLP By: Gary N. Stewart Identification No.: 67 53 By: Jeffrey C. Mickletz Identification No.: 87531 By: Michael T. Traxle Identification No.: 90 61 25 North Front Street, first Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 ROBERT L. FINK, SRI. and MARY ANN FINK Plaintiffs, VS. PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C. Defendants Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-687 CERTIFICATE ?UISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC, certify that: 1. A Notic of Intent to Serve subpoenas with a copy of the subpoenas attached hereto was ma led or delivered to each party at least twenty days prior to the date on which the subp ena is sought to be served. 2. A copy of the Notice of Intent, including the proposed subpoena is attached to this Certificate. 3. No objections to the subpoenas has been received. 4. Counsel has waived the twenty (20) day waiting period thereby allowing the subpoenas to be served immediately. A copy of counsel's waiver is attached. 1366334 v.l 5. The su poenas which will be served are identical to the subpoenas which are attached to the No ice of Intent to Serve the Subpoena. Date: 10/5/06 LE HENDERSON LLP By: Y 7-j Gary N.Stewart, Esquire Identification No.: 67353 25 North Front Street, 1St Floor Harrisburg, PA 17101 (717) 234-7700 (717) 234-7710 - Fax 1366334 v. I RAWLE &HENDERSQN L L P DEBBIE L. STOLTZFUS PARALEGAL 717-234-7700 dstoltzfus@rawle.com ?,.le La,? N ?%n Ar` e ?e ?A11', o a Q ?"U.178J. The Nation's Oldest Law Office • Established in 1783 2S N. FRONT STREET FIRST FLOOR HARRISBURG, PA 17101 September 20, 2006 Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 www.rawle.com RE: Fink, et al. v. Egolf Brothers Trucking, L.L.C., et al. C.C.P. Civil Action No: 06-687 Our File No: 250159 Dear Mr. Held: TELEPHONE:(717) 234-7700 FACSIMILE:(717) 234-7710 Enclosed please find Defendant's Notice of Intent to Serve Subpoenas in the above captioned matter. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 4009.21, you have twenty (20) days within which to file objections to these subpoenas. If no objections are received, the subpoenas will then be seed. In the event you are agreeable to waiving the twenty (20) day waiting period, please sig the enclosed copy of this letter and return it to me in the envelope I have provided. Thank you for your coopeiation and immediate attention to this matter. Very truly yours, RAWLE & HENDERSO LLP By: ?G - A 4e?j-'-w Debbie L. Stoltzfu DLS/ I hereby agree to waive the twenty (20) day waiting period and are in agreement that the subpoenas may be served i mediately. ?UA(w Dated: cl/u 1358814 v.l PHILADELPHIA, PA PITTSBURGH, PA HARRISBURG, PA MEDIA, PA MARLTON, NJ NEW YORK, NY WILMINGTON, DE WHEELING, WV RAWLE & HENDERS N LLP By: Gary N. Stewart Identification No.: 67353 By: Jeffrey C. Mickletz Identification No.: 87531 By: Michael T. Traxler Identification No.: 90961 25 North Front Street, First Floor Attorneys for Defendants, Harrisburg, Pennsylvania X17101 Phillip Egolf, Richard Egolf and (717) 234-7700 Egolf Brothers Trucking, LLC. ROBERT L. FINK, SR. a d COURT OF COMMON PLEAS OF MARY ANN FINK CUMBERLAND COUNTY vs. NO: 06-687 PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C. DUCE Defendants, PHILLIP EGOLF, RICHARD EGOLF AND EGOLF BROTHERS TRUCKING, LLC, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty ($0) days from the date listed below in which to file of record and serve upon the undersign any objections you may have to the subpoenas. If no objections are made, the subpoenas may be RAWLE & HENDERSON LLP By: ary tZ' . Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. 1358617 v.1 I i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINE( VS PHILLIP EGOLF, ET AL File No. 06-68 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custa,dian for Dr. Michael G. Radley, Neurosurgical spectattsts, t1:511 ( eo o •Eniyj' , 217?I0 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things,: SEE ATTACHED ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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. TI-IIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Gary N. Stewart, Esquire ADDRESS: . iron ree t aHrrrisburg, =1 TELEPHONE: 717-23 - 700 SUPREME COURT ID it 353 ATTORNEY FOR: Defendants Date: & SSe I of the Court BY TII OURT: l rothon1 , 'ivil D' ision 1)c,puly ADDENDUM TO SUBPOENA Any and all records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, 'notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an Off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 v. I i ERTIFICATE OF AUTHENTICITY FROM: DR. MICHAEL G. RADLEY, MD NEUROSURGICAL SPECIALISTS RE: ROBERT L. FINK, 8R. DOB: 10/14/39 SS#: 171730-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough sear'rh of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v.l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINK File No. o6-68 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian TO:Chambersburg Hospital, 112 N. 7th St.,Chambersburg, PA 17201 (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: EE ATTACHED ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (Address) You may deliver or (nail 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 servo#g this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS IS?UED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Gary N. Stewart-, Esquire ADDRESS: ron ree his urg, TELEPHONE: SUPREME COURT ID # 353 ATTORNEY FOR: Defendants SC ,11 Of the Court 7BYTIHE RT: Prothonotary _Ci Div ion Deputy ADDENDUM TO SUBPOENA Any and all (records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 v.1 CERTIFICATE OF AUTHENTICITY FROM: CHAMBERSBURG HOSPITAL RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the',documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v.I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINIK File No. 06-68 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian TO: Cumberland Valley EMS,4807 Jonestown Rd.,Ste. 247,Harrisburg, PA 17109 (Name of Person or Entity) Within twenty (20) Mays after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RAWLE & HENDERSION, 25 N. Front St . , Harrisburg, PA 17101 (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 ?iseek 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 covet order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT TIJE- REQUEST OF THE FOLLOWING PERSON: NAME: Gary N. Stewart, Esquire ADDRESS: - ro S ree H-ar-r-i-s-U-u-rg; PA -n TELEPHONE: (s (- L J y SUPREME COURT ID (f_ ATTORNEY FOR: De f e Dale: -s Se?thC COUrt dan BY THE C RT: Prc thonotaryvi ivisio Deputy ADDENDUM TO SUBPOENA Any and all records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports,!! notes of other office and medical personnel, history notes, hand-written notes, ;nd typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an bff-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 v.l ERTIFICATE OF AUTHENTICITY FROM: CUMBERLAND VALLEY EMS RE: ROBERT L. FINK, SR. DOB: 10/14/39 S S#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare unde,r the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v.l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINK File No. 06-687 VS PHILLIP EGOLFI ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian TO:Cumberland Valley Family Physicians, 757 Norland Ave. Ste 101 unambersburg, rIH 1 (2(t146e 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: EE ATTACHED ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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 sleek 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: Gary N. Stewart, Esquire ADDRESS • Yron ree I rrls urg,' 1 TELEPI-IONC: 7 17-2 3 -7700 SUPREME COURT ID # 6Y353 ATTORNEYFOR: Defen ants BY THE COURT- Dale: ? ?j_ ProthonoAry, Civil I)y'visi n Deputy ADDENDUM TO SUBPOENA Any and all ecords and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, (notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 11!,5 Kline Road., Shippensburg, PA 17257 DOB: 10/14139 SS#: 171-30-5821 1158557 v. I CERTIFICATE OF AUTHENTICITY FROM: TIMOTHY ?TONESIFER, DO RE: ROBERT L. FINK, ASR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that th6 documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v.I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINIK VS File No. 06-687 PHILLIP EGOLF,'',,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custojdian TO:Shippensburg Health Services, 46 Walnut Bottom Rd.,Shppensburg,PA (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 ADDENDUM at RAWLE & HENDERS!ON, 25 N. Front St., Harrisburg, PA 17101 (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 peek 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 serviUng this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TI-IB FOLLOWING PERSON: NAME: Gary N. Stewart, Esquire ADDRESS-? iro ree arms urge TELEPHONE: 717-2 SUPREME COURT ID # ATTORNEY FOR: De Date: -- Sc- I oIlhe Court 00 s b BY THE COURT: Prothonotary, Civil Dj?i. c n - - Deputy ADDENDUM TO SUBPOENA Any and all records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, ',and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an 'off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358551 v.I CERTIFICATE OF AUTHENTICITY FROM: SHIPPENSBURG HEALTH SERVICES RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. t I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638v.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINK File No. 06-68 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian TO:Wide Open MRI,405 Phoenix Dr.,Unit A,Crossroads Park II ,' a e 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 ADDENDUM at RAWLE & HENDERS'ON, 25 N. Front St . , Harrisburg, PA 17101 (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 TI IE REQUEST OF THE FOLLOWING PERSON: NAME: Gary N. Stewart, Esquire ADDRESS: Lron Street— Harrisburg, PA 17= TELEPHONE: 7 17-2 3 7 7 0 0 SUPREME COURT ID # 7 3 5 3 ATTORNEY FOR: Defendants Date: ..t Sea of the Court BY THE COURT: Prothonotary, Civil Divisy.n Deputy ADDENDUM TO SUBPOENA Any and all r cords and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 1115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 v.I CERTIFICATE OF AUTHENTICITY FROM: WIDE OPEN MRI RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that they documents provided herein represent a full and complete response to the documents requested In the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FIND, SR. and MARY ANN FIN](File No. 06-687 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian TO: Center for Pain Mgmt.,1150 Professional Ct.,Ste P,Hagerstown,MD (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 ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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: Gary N. Stewart, Esquire ADDRESS: 2? N. ron ree Harris urg, PA 1'( 20 1 TLLEPI-IONS: 717-23 I- 7 7 0 0 SUPREME COURT ID 11 7 3 5 3 ATTORNEY FOR: Defendants Dalc: kcal of the Court BY THE COURT: Prothonotary, Civil ])?I i 'on Deputy.__ . ADDENDUM TO SUBPOENA Any and all r cords and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 vA CERTIFICATE OF AUTHENTICITY FROM: CENTER FOR PAIN MANAGEMENT RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested 'in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v,1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINE( File No. 06-68 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS Records ?ORola Sa OVERY PURSUANT TO RULE 4009.22 TODavid L. Hartzok,OD,71 Brumbaugh Ave.,Chambersburg,PA 17201 : (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 ADDENDUM atRAWLE & HENDER80N, 25 N. Front St., Harrisburg, PA 17101 (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 ser)vng 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: Gary N. Stewart, Esquire ADDRESS rdn ree Harris urg, FA 1'( 1 Oq TELEPHONE: 717-23 - SUPREME COURT ID 11 6 ATTORNEY FOR: De f n Date:- ?. _ _ _ _°__`•'?? Scal oCthe Court BY THE COURT: - -Prothonotary, ivil Div Jon Dcputy ADDENDUM TO SUBPOENA Any and all r cords and radiology films, including but not limited to ambulance call repots, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 11$ Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 i .?S8ss7 v.1 CERTIFICATE OF AUTHENTICITY FROM: DAVID L. HARTZOK, OD RE: ROBERT L. FINK, j SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested' in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358635 v.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK„ SR. and MARY ANN FINE( File No VS o6-687 PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian TO: Dr. Shabbar Heussain,1035 Wayne Ave. ,Chambersburg,PA 17201 (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 ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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: Gary N. Stewart, Esquire ADDRESS: N. iron rSteet aI3 rrisbur , PA 1'(10--l TELEPHONE: 717-234-7700 SUPREME COURT ID tl 7 3 5 3 ATTORNEY FOR: Defendants Date: - _T P r of the Court BY THE COURT: Prothonotary, Civil DiviS n Deputy ADDENDUM TO SUBPOENA Any and all records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 v. I CERTIFICATE OF AUTHENTICITY FROM: SHABBAR HEUSSAIN, MD RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v.l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FIN)f File No. 06-68 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian TO: Moffitt Hea.r?Va.S akar, 100 N Fron St Ste X003 emoynQ,PA 17043 (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 ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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 THL REQUEST OF THE FOLLOWING PERSON: NAME: Gary N. Stewart, Esquire ADDRESS: ron ree awls urg, - 7 T n - PT TELEPHONE: 7 17 - 2 3 -- 7 7 0 0 SUPREME COURT 1D # 7353 ATTORNEY FOR: Defendants Dale: Seal of the BY THE COURT: Prothonotary ivll Division Uchuly ADDENDUM TO SUBPOENA Any and all records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 I 1358557 vA CERTIFICATE OF AUTHENTICITY FROM: MOFFITT HEART & VASCULAR RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v.I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINK File No. 06-687 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS Records GRu JDR&OVERY PURSUANT TO RULE 4009.22 TOVA Clinic,25 N. 32nd St.,Camp Hi11,PA 17011 : (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 ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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: Gary N. Stewart, Esquire ADDRESS Front Street Harrisburg, FA 1'(101 TELEPHONE: 717-234-7700 SUPREME COURT ID # 67353 ATTORNEYFOR: Defendants I Dale: _ I seal oh the Court BY THE COURT: Prothonotary, Civil Uiv (Deputy ADDENDUM TO SUBPOENA Any and all records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 v.I CERTIFICATE OF AUTHENTICITY FROM: VA CLINIC RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v.l CQMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FIN& VS File No. 06-687 PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian TO: PA Game Commission,2100 Elmerton Ave.,Harrisburg,PA 17110 (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 ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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: Gary N. Stewart, Esquire ADDRESS: ron Street Harrisburg, FA T7= TELEPHONE: 717-234-7700 SUPREME COURT ID # 7353 ATTORNEY FOR: Defendants I)ate:_j b BY THE COURT: J1A1Z&-W! Prothonotary, Civil Div UepULy RIDER TO THE SUBPOENA ANY AND ALL, Applications for employment, wage and salary history, attendance records, job descriptions, reports of evaluations, W-2 forms, reports of injuries, documents relating to workers compensation claims and/or unemployment claims, medical records, medical bills, and any and all other documents contained in the employment/personnel file relating to: Robert L. Fink, Sr. 115 Kline Road Shippensburg, PA 17257 DOB: 10/14/39 SS#171-30-5821 1"353309 v.1 CERTIFICATE OF AUTHENTICITY FROM: COMMONWEALTH OF PENNSYLVANIA GAME COMMISSION RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v.I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINS( File No VS o6-687 PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS Records ?ORtDIS aOVERY PURSUANT TO RULE 4009.22 TOHartford Insurance, PO Box 2910,Hartford,CT 06104-2910 : (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 ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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: Gary N. Stewart, Esquire ADDRESS: 25 N. Front ree Harrisburg, FA 1-(-l U-1 TELEPI-IONS: 7-17-234-7700 SUPREME COURT ID # 67353 ATTORNEYFOR: Defendants ?I Dale:- p? *Cl - ee Court ?' BY THE COURT: Prothonotar , Civil Divis' 14 Deputy RIDER TO THE SUBPOENA ANY AND ALL records for any and all claims, PIP claims, property damage claims, including, but not limited to correspondence, memoranda, notes, electronic data including electronic data stored in a retrieval system, declaration sheet, applications for benefits, medical records, medical reports, medical bills, payments made in connection with claims, explanation of medical bill payments, payment records of medical expenses, payments records of work loss, investigation records, police reports, surveillance reports, photographs, videos, statements taken from any person, recorded statement summary notes, index searches, claim activity log notes, records stored at an off site facility, releases, settlement documents, and any other documentation regarding: Claim 4PA1400231YHPAF 72546 Robert L. Fink, Sr. 115 Kline Road Shippensburg, PA 17257 DOB: 10/14/39 S S# 171-30-5821 1358811 vA CERTIFICATE OF AUTHENTICITY FROM: HARTFORD INSURANCE RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171=30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name 7 Title Date 1358638 v.I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINE( File No. 06-68 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian TO: Summit Health,112 N. 7th Street,Chambersburg, PA 17201 (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 ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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) clays 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: Gary N. Stewart, Esquire ADDRESS: ron?ee? arras urg, 101. '1'ELEPI-LONE: 717-23 -7700 SUPREME COURT iD it 7353 ATTORNEY FOR: Defendants Date:.--_ tl - 2 ) 6eal oe Court BY THE COURT: Prothonolar , Civil Divisi -? Deputy ADDENDUM TO SUBPOENA Any and all records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 v.I CERTIFICATE OF AUTHENTICITY FROM: SUMMIT HEALTH RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature 11 Title Print Name Date 1355638 v.l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINS( File No. 06-68 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian TO: donald W. Milne, 1977 Market Square Blvd., Waynesboro, PA 17268 (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 ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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: Gary N. Stewart, Esquire ADDRESS- ron _ rS?e Farris urg, '7???T6-1 TELEPI-IONS; 717-23 -7700 SUPREME COURT 1D tf 7353 ATTORNEY FOR: Defendants Sail oFtlu: Court t BY THE COURT: 64q C,Z Prothonotar /,Civil Division Deputy ADDENDUM TO SUBPOENA Any and all records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 13S&5?7 v. I CERTIFICATE OF AUTHENTICITY FROM: DR: DONALD W. MILNE RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 Y.I RIDER TO THE SUBPOENA ANY AND ALL records for any and all claims, PIP claims, property damage claims, including, but not limited to correspondence, memoranda, notes, electronic data including electronic data stored in a retrieval system, declaration sheet, applications for benefits, medical records, medical reports, medical bills, payments made in connection with claims, explanation of medical bill payments, payment records of medical expenses, payments records of work loss, investigation records, police reports, surveillance reports, photographs, videos, statements taken from any person, recorded statement summary notes, index searches, claim activity log notes, records stored at an off site facility, releases, settlement documents, and any other documentation regarding: Robert L. Fink, Sr. 115 Kline Road Shippensburg, PA 17257 DOB: 10/14/39 SS#171-30-5821 1358311 v.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINS. bile No. 06-68 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Cusdodian TO: Highmark Blue Shield,PO Box 890173,Camp Hill,PA 17089 (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 ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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: Gary N. Stewart, Esquire ADDRESS: . +ron t ? rt Harris urg, 73r1 TELEI'I-IONS: 717-23 -7700 SUPREME COURT ID 11 67353 ATTORNEY FOR: Defendants Whe Court BY THE COURT: Prothonotary, Civil Div Deputy ADDENDUM T SUBPOENA Any and all records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1 T. 8 5 7 v. I L` CERTIFICATE OF AUTHENTICITY FROM: HIGHMARK BLUE SHIELD RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v. I CERTIFICATE OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing document pursuant to the Pennsylvania Rules of Civil Procedure, first-class mail, postage prepaid, upon the attorney of record, addressed as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 RAWLE & HENDE"ON LLP By: Oary '1. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. Dated: 91ae 10,6 1358617 v.I C? r'? =_=-? - : _? r <:- ? u"? • ? ?. - f") "?'? `-^1 _ tii ? ?1 ._ t? ? ? ;' it )?,. S'?-'+ ? :7 ? RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Jeffrey C. Mickletz Identification No.: 87531 By: Michael T. Traxler Identification No.: 90961 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. ROBERT L. FINK, SR. and MARY ANN FINK Plaintiffs, vs. PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-687 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC, certify that: 1. A Notice of Intent to Serve subpoenas with a copy of the subpoenas attached hereto 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 objections to the subpoenas have been received. 4. Counsel has agreed to waive the twenty (20 day waiting period thereby allowing the subpoenas to be served immediately. A copy of counsel's waiver is attached. 1380763 v.1 RAWLE &.HENDERSQN L L P w,e ?.aw t w 1 • ?' L D my 4r m 9. D , 1745. DEBBIE L. STOLTZFUS PARALEGAL 717-234-7700 dstoltzfus@rawle.com The Nation's Oldest Law Office • Established in 1783 www.rawle.com October 25, 2006 Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 RE: Fink, et al. v. Egolf Brothers Trucking, L.L.C., et al. C.C.P. Civil Action No: 06-687 Our File No: 250159 Dear Mr. Held: 25 N. FRONT STRET FIRST FLOOR HARRISBURG, PA 17101 TELEPHONE:(717 234-7700 FACSIMLE:(717) 34-7710 OCT 3 Enclosed please find Defendant's Notice of Intent to Serve Additional Subpoenas in the at captioned matter. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 4009.2 1, you 1 twenty (20) days within which to file objections to these subpoenas. If no objections are received, the subpoenas will then be served. In the event you are agreeable to waiving the twenty (20) day waiting period, please sign the enclosed copy of this letter and return it to the envelope I have provided. Thank you for your cooperation and immediate attention to this matter. Very truly yours, RAWLE & HENDERSON LLP Debbie L. Stoltzfus, Paralegal DLS/ I hereby agree to waive the twenty (20) day waiting period and are in eement that the subpoenas may be served immediately. Dated: _1 1375079 v.I In PHILADELPHIA, PA PITTSBURGH, PA HARRISBURG, PA MEDIA, PA MARLTON, NJ NEW YORK, NY WILMINGTON, DE WHEELING, WV RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Jeffrey C. Mickletz Identification No.: 87531 By: Michael T. Traxler Identification No.: 90961 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. ROBERT L. FINK, SR. and MARY ANN FINK Plaintiffs, vs. PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C. Defendants. COURT OF COMMON PLEAS O] CUMBERLAND COUNTY NO: 06-687 Defendants, PHILLIP EGOLF, RICHARD EGOLF AND EGOLF BROTHERS TRUCKING, LLC, intends to serve subpoenas identical to the ones that are attached this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersign any objections you may have to the subpoenas. If no objections are made, the subpoenas may be served. RAWLE & HEND/ERSON LLr By: Gary N. Stewart, Esquire Michael T. Traxler, Esqui. Attorneys for Defendants, Phillip Egolf, Richard Egc and Egolf Brothers Trucki 1358617 v.I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MANY ANN FIND : File No. 06-687 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: JOHN J. WROBLEWSKI, MD (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce th following documents or things: SEE ATTACHED ADDENDUM at RAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by thi subpoena, together with the certificate of compliance, to the party making this request at the address liste above. You have the right to seek in advance the reasonable cost of preparing the copies or producing th things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) day 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: Gary N. Stewart, Esquire ADDRESS: 2? N. ron Street Harrisburg, PA 17101 TELEPHONE: 717-234-7700 SUPREME COURT ID # 67353 ATTORNEYFOR: Defendants BY THE URT: P, ionotary , iv l Divi on Date: Seal of the C rt Deputy ADDENDUM TO SUBPOENA Any and all records and radiology films, including but not limited ambulance call reports, transport reports, doctor's notes, nurses' notes consultation reports, notes of other office and medical personnel, history notes hand-written notes, and typed notes, electronic data including electronic d stored in a retrieval system, office records, billing statements, payment records health insurance claim forms, correspondence, correspondence from attorney Deponent, correspondence from Deponent to attorney, Patient questionnaire Patient information sheet, memoranda, index cards, radiology reports, medica records, medical reports, prescription slips, and any other records, re records stored at an off-site facility, and any other documentation relating to a examination, consultation, care or treatment rendered at any time to: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557v.1 CERTIFICATE OF AUTHENTICITY FROM: DR. JOHN J. WROBLEWSKI, MD RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States o America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete res to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States o America that the attached documents are true and correct copies of the originals retained our office. Signature Print Name Title Date 1358638 v.1 COMMONWEALTH OF PENNSYLVANIA COUNTY Oh CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FIND File No. 06-687 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUMBERLAND COUNTY SHERIFF"S DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce th following documents or things: SEE ATTACHED ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by thi subpoena, together with the certificate of compliance, to the party making this request at the address liste above. You have the right to seek in advance the reasonable cost of preparing the copies or producing th things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) day 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: Gary N. Stewart, Esquire ADDRESS: ron ree a r r i s urg, TELEPHONE: 717-23 -7700 SUPREME COURT ID # 7353 ATTORNEY FOR: Defendants BY THE UR Prothonotary, 'vil Div' ion Date: C? - J/-? Seal of the Couh Deputy RIDER TO THE SUBPOENA ANY AND ALL, Applications for employment, wage and salary history, attendance records, job descriptions, reports of evaluations, W-2 forms, reports of injuries, documents relating to workers compensation claims and/or unemployment claims, medical records, medical bills, and any and all other documents contained in the employment/personnel file relating to: Robert L. Fink, Sr. 115 Kline Road Shippensburg, PA 17257 DOB: 10/14/39 SS#171-30-5821 1358809 v.I CERTIFICATE OF AUTHENTICITY FROM: CUMBERLAND COUNTY OFFICE OF THE SHERIFF RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete respc to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained b, office. Signature Print Name Title Date our 1358638 v.1 CERTIFICATE OF SERVICE I hereby certify that on today's date I served a true and correct copy of foregoing document pursuant to the Pennsylvania Rules of Civil Procedure, mail, postage prepaid, upon the attorney of record, addressed as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. Dated: 101-2-/p6 1358617 v.I ?.-? .--? C? ?_ -:, _...a ?, :. _ ., ?, _s ..;, ?:: ? '-==c ? ,? ?.., c.? V1 RAWLE & HENDERSON LLP By: Jeffrey C. Mickletz Identification No.: 87531 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 ROBERT L. FINK, SR. and MARY ANN FINK Plaintiffs, VS. Attorney for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-687 PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C. Defendants. WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal my appearance as co-counsel on behalf of defendants, Phillip Egolf, Richard:Egolf and Egolf Brothers Trucking, LLC., in the above-referenced matter. RAWLE & HENDERSON LLP Dated: 3 By Je frey ickletz, Esquire Atto s for Defendants, Ph' Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. 2022131-1 •- -,j CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing Withdrawal of Appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 RAWLE & HENDERSON LLP By: Jeffrey C. Date: -5 /1 ? ? 2022131-1 c?-.= : cry `-; t°?? ^+ c..n RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Traxler Identification No.: 90961 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. ROBERT L. FINK, SR. and MARY ANN FINK Plaintiffs, vs. PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C. Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-687 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC, certify that: 1. A Notice of Intent to Serve subpoenas with a copy of the subpoenas attached hereto 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 objections to the subpoenas has been received. 4. Counsel has waived the twenty (20) day waiting period thereby allowing the subpoenas to be served immediately. A copy of counsel's waiver is attached. 2107082-1 5. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve the Subpoena. Date: 7/1 /07 & HENDERSON LLP Gary N. Stewart, Esquire Identification No.: 67353 25 North Front Street, 1St Floor Harrisburg, PA 17101 (717) 234-7700 (717) 234-7710 - Fax 2107082-1 RAWLE &HEN DERSQN LLP a a t ?? n ' pDn a Qr .1.0.1783. DEBBIE L. STOLTZFUS The Nation's Oldest Law Office • Establishedin 1783 PARALEGAL 717-234-7700 www.rawle.com dstoltzfus@rawle.com 240 N.THIRD STREET NINTH FLOOR HARRISBURG, PA 17101 TELEPHONE:(717) 234-7700 FACSIMILE:(717) 234-7710 June 28, 2007 Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 RE: Fink, et al. v. Egolf Brothers Trucking, L.L.C., et al. C.C.P. Civil Action No: 06-687 Our File No: 250159 Dear Mr. Held: Enclosed please find Defendant's Notice of Intent to Serve Additional Subpoenas in the above captioned matter. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 4009.2 1, you have twenty (20) days within which to file objections to these subpoenas. If no objections are received, the subpoenas will then be served. In the event you are agreeable to waiving the twenty (20) day waiting period, please sign the enclosed copy of this letter and return it to me in the envelope I have provided. Thank you for your cooperation and immediate attention to this matter. Very truly yours, RAWLE & HENDERSON LLP By: Debbie L. Stoltzfus DLS/ I hereby agree to waive the twenty (20) day waiting period subpoenas may be served immediately. Dated 2103170-1 agreement that the PHILADELPHIA, PA PITTSBURGH, PA HARRISBURG, PA MEDIA, PA MARLTON, NJ NEW YORK, NY WILMINGTON, DE WHEELING, WV RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Jeffrey C. Mickletz Identification No.: 87531 By: Michael T. Traxler Identification No.: 90961 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. ROBERT L. FINK, SR. and COURT OF COMMON PLEAS OF MARY ANN FINK CUMBERLAND COUNTY Plaintiffs, VS. NO: 06-687 PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C. Defendants. NOTICE OF INTENT TO SERVE ADDITIONAL SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, PHILLIP EGOLF, RICHARD EGOLF AND EGOLF BROTHERS TRUCKING, LLC, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersign any objections you may have to the subpoenas. If no objections are made, the subpoenas may be served. faryRA E HENDERSON LLP N. Stewart, E uire Michael T. Traxler, Esquire Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, I Dated: (o% d 1358617 vA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINK File No. 06-687 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. MICHAEL RADLEY (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 ADDENDUM atRAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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: Gary N. Stewart, Esquire ADDRESS: 2? N_ Front ree arris urg, PA 17= TELEPHONE: 717-234-7700 SUPREME COURT ID # 7 3 5 3 ATTORNEYFOR: Defendants Date: Seal of he Coin ADDENDUM TO SUBPOENA Any and all records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered FROM SEPTEMBER 2005 TO THE PRESENT AND RELATING TO: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 v.I CERTIFICATE OF AUTHENTICITY FROM: DR. MICHAEL S. RADLEY RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Title Print Name Date 1358638 v. i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINK File No. 06-687 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CHAMBERSBURG HOSPITAL (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 ADDENDUM at RAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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: Gary N. Stewart, Esquire ADDRESS: 2? N- ron ree Harrisburg, FA 1'(101 TELEPHONE: 717-234-7700 SUPREME COURT ID # 67353 ATTORNEYFOR: Defendants Date: Le t f D Jul - ! U Seal o the Court ADDENDUM TO SUBPOENA Any and all records and radiology films, including but not limited to ambulance call reports, transport reports, doctor's notes, nurses' notes, consultation reports, notes of other office and medical personnel, history notes, hand-written notes, and typed notes, electronic data including electronic data stored in a retrieval system, office records, billing statements, payment records, health insurance claim forms, correspondence, correspondence from attorney to Deponent, correspondence from Deponent to attorney, Patient questionnaire, Patient information sheet, memoranda, index cards, radiology reports, medical records, medical reports, prescription slips, and any other records, reports, records stored at an off-site facility, and any other documentation relating to any examination, consultation, care or treatment rendered FROM JUNE 2005 TO THE PRESENT AND RELATING TO: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 v.I CERTIFICATE OF AUTHENTICI'T'Y FROM: CHAMBERSBURG HOSPITAL RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Title Print Name Date 1358638 v.I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I ROBERT L. FINK, SR. and MARY ANN FINK File No. 06-687 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CENTER FOR PAIN MANAGEMENT (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 ADDENDUM at RAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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: Gary N. Stewart, Esquire ADDRESS: 25 N. Front Harrisburg, PA 1Y101 TELEPHONE: 717-234-7700 SUPREME COURT ID # 7353 ATTORNEYFOR: Defendants Date: ?T,, Court ADDENDUM TO SUBPOENA Any and all records and films from the Discogr?m performed on 9/6/05 AND RELATING TO: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 v.1 CERTIFICATE OF AUTHENTICITY FROM: CENTER FOR PAIN MANAGEMENT RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT L. FINK, SR. and MARY ANN FINK File No. 06-6!87 VS PHILLIP EGOLF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 r TO: WIDE OPEN MRI (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 ADDENDUM at RAWLE & HENDERSON, 25 N. Front St., Harrisburg, PA 17101 (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: Gary N. Stewart, Esquire ADDRESS: Front ree Harrisburg, ?A 1'(101 TELEPHONE: 717-234-7700 SUPREME COURT ID ft 7353 ATTORNEYFOR: Defendants Date: k*JW 0 - ?7 Seal of le court ADDENDUM TO SUBPOENA LL Any and all records, reports and films from the MKI performed on 4/29/04 AND RELATING TO: Robert L. Fink, Sr., 115 Kline Road., Shippensburg, PA 17257 DOB: 10/14/39 SS#: 171-30-5821 1358557 v.1 i CERTIFICATE OF AUTHENTICITY FROM: WIDE OPEN MRI RE: ROBERT L. FINK, SR. DOB: 10/14/39 SS#: 171-30-5821 I am the Custodian of Records for the above-named deponent. I hereby declare under the penalty of perjury under the laws of the United States of America that a thorough search of our files was made in answer to the Records Subpoena attached hereto, and that the documents provided herein represent a full and complete response to the documents requested in the aforesaid Subpoena. I further declare under the penalty of perjury under the laws of the United States of America that the attached documents are true and correct copies of the originals retained by our office. Signature Print Name Title Date 1358638 v.1 CERTIFICATE OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing document pursuant to the Pennsylvania Rules of Civil Procedure, first-class mail, postage prepaid, upon the attorney of record, addressed as Stephen G. Held, Esquire HANDLER, HENNING & ROSENBE G, LLP 1300 Linglestown Road Harrisburg, PA 17110 RAWLE LLP Gary N. Stewart, Esquire Michael T. railer, Esquire Attorneys f r Defendants, Phillip Ego f, Richard Egolf and Egolf Brot ers Trucking, LLC. Dated: 6/1,?/0 7 1358617 v.1 i??? r.- .... ?} ?.; ?1 ?.'? i- i 'Y ' W , ..? . _.1 1 .. _ , ..r. rvt ?b ? t'") t'ii ..{ f? ?? y .?..Y RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Traxler Identification No.: 90961 Payne Shoemaker Building 240 North Third Street, 9`h Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC. ROBERT L. FINK, SR. and COURT OF COMMON PLEAS OF MARY ANN FINK CUMBERLAND COUNTY Plaintiffs, vs. NO: 06-687 PHILLIP EGOLF, RICHARD EGOLF and EGOLF BROTHERS TRUCKING, L.L.C. Defendants. PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended, with Prejudice. RAWLE & HEDMMON LLP By: Tlary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendants, Phillip Egolf, Richard Egolf and Egolf Brothers Trucking, LLC 240 N. Third Street, 9Floor Harrisburg, PA 17110 HANDLER, HENNING & ROSENBERG By: f __ - St p e eld, Esquire Attorney for Plaintiffs, Robert L. Fink, Sr. and Mary Ann Fink 1300 Linglestown Road Harrisburg, PA 17110 2148247-1 r-a Q ° "? C? ra '.. ( r?T; „ r' l,. - ?. Su 1 ?"? ?? ?? ?. t, _ .? ? _,' ?,