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HomeMy WebLinkAbout06-2415IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. -a yCS v. C f 2 Civil Action - (X) Law ( ) Equity JURY TRIAL DEMANDED CINDY K. KELLY and KEVIN W. KELLY 2138 Kentwood Drive Lancaster, PA 17601 Plaintiff(s) & Addresses versus Defendant(s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to (A Attorney ( X )Sheriff Richard H. Wix, Esauire Wix Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 1 AC'k Signature of Attorney Supreme Court ID No. 07274 Date: 04/26/06 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Protnonotary - Date: IQP ? 2?21' a?? by RONALD WOODSTOCK 105 Rte 301 Danford Lake, ON K1T 1X3 Trowbridge Transport Ltd. 31 Antler Avenue Nepean, ON K2J 124 Deputy ? '6°, ? ? ?- ?- ? -.., ? p ?? ? ? ? . ? d ?- ? ' ? ? -?- - -?-- 14 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire Identification No. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mlowens(H)mdwcg com (717) 651-3501 Attorney for Defendants, Ronald Woodstock and Trowbridge Transport, Ltd. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs, V. Defendants CIVIL ACTION - LAW No: 06-2415 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD., TO THE PROTHONOTARY: Kindly enter the appearance of Marshall, Dennehey, Warner, Coleman & Goggin, and Matthew L. Owens, Esquire, on behalf of Defendants, Ronald Woodstock and Trowbridge Transport, Ltd., in connection with the above-captioned matter. Respectfully submitted, MARSHALL, DE EH Y, WARNER, COLEMAN & GGI By: MATTHEW L. bWENS, ESQUIRE Attorney for Defendants, Ronald Woodstock and Trowbridge Transport, Ltd. \05_A\LIAB\MLO W ENS\LLPG\223400\TKCOPENHAV ER\ 11032\00124 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs, V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD., Defendants CIVIL ACTION - LAW No: 06-2415 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE has been served upon the following known counsel of record this day of June, 2006, via United States First-Class Mail, postage prepaid: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 (Counsel for Plaintiffs) MARSHALL, DEN HEY, COLEMAN & G GIN , By: MAT' V'- OAZNS,-L Q9 ? Attorney for Defendants, Ronald Woodstock and Trowbridge Transport, Ltd. \05 A\LIAB\MLOWENS\LLPG\223400\TKCOPENHAVER\11032\00124 7° 1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire Identification No. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mlowens@,mdwcg com (717) 651-3501 Attorney for Defendants, Ronald Woodstock and Trowbridge Transport, Ltd. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs, V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD., Defendants. CIVIL ACTION - LAW No: 06-2415 JURY TRIAL DEMANDED PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiff to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment of non pros. Respectfully submitted, MARSHALL, DEN)GEHEx, WARNER, COLEMAN & GMGIN/ By: MATTHEW L. OWENS, ESQUIRE Attorney for Defendants, Ronald Woodstock and Trowbridge Transport, Ltd. \05_A\LIAB\MLO WENS\LLPG\223414\TKCOPENHAVER\11032\00124 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs, V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD., Defendants CIVIL ACTION - LAW No: 06-2415 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR A RULE TO FILE COMPLAINT has been served upon the following known counsel of record this day of June, 2006, via United States First-Class Mail, postage prepaid: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 (Counsel for Plaintiffs) MARSHALL, COLEMAN & By: 'ARNER, MATTHEW L. OWENS, ESQUIRE Attorney for Defendants, Ronald Woodstock and Trowbridge Transport, Ltd. \05_A\LIAB\M LO W EN S\LLP G\223414\TKCOP ENHAV ER\ 11032\00124 % r,. r-? c-5 N -r? c? -?l ll g^ C.i .cn MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire Identification No. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mlowens(a),mdwcg cam (717) 651-3501 Attorney for Defendants, Ronald Woodstock and Trowbridge Transport, Ltd. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs, CIVIL ACTION - LAW No: 06-2415 V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD., Defendants. JURY TRIAL DEMANDED RULE AND NOW, this day of ?J(,w-9- , 2006, upon consideration of the foregoing Praecipe, Plaintiff is hereby ordered to file their Complaint within twenty (20) days hereof or suffer judgment of non pros. BY THE /PROTHONOTARY: ?- 77 6T P^.,? - ma c ?'+ -ii i --t i f\3 - { ., _::. _: , ?_ j -. , .1?? ?:' CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2415 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 CINDY K. KELLY and IN THE COURT OF COMMON PLEAS KEVIN W. KELLY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 06-2415 CIVIL TERM V. CIVIL ACTION - LAW RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD. JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW come the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and set forth the following: 1. The Plaintiffs are adult individuals, husband and wife, who reside at 2138 Kentwood Drive, Lancaster, Pennsylvania 17601. 2. Defendant Ronald Woodstock is an adult individual residing at 105 Rte 301, Danford Lake, Ontario, Canada K1T 1X3. 3. Defendant Trowbridge Transport, Ltd. is a corporation having its principal offices located at 31 Antler Avenue, Nepean, Ontario, Canada K2J 124. 4. At all times relevant hereto Defendant was the agent, servant or employee of Defendant Trowbridge Transport, Ltd. and acting within the scope of such agency and employment. 5. The facts and occurrences hereafter related took place on or about June 23, 2005, on Route 581 in Hampden Township, Cumberland County, Pennsylvania. 6. At the time and place aforesaid, Plaintiff Cindy K. Kelly was operating a 1997 Honda Accord westbound in the right hand lane of Route 581. 7. Defendant Woodstock was operating a tractor trailer owned by Defendant Trowbridge Transport, Ltd. westbound in the left hand lane of Route 581. 8. At the time and place aforesaid, Defendant Woodstock attempted to change lanes without seeing that it was safe to do so, and as a result thereof, when he moved his vehicle into the right hand lane his vehicle struck the Plaintiffs vehicle causing it to go out of control and roll over. 9. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant Woodstock in that he: a) failed to keep a lookout for other vehicles; b) failed to yield the right-of-way to Plaintiffs vehicle; and c) attempted to change lanes when it was not safe to make such a change. 10. This accident occurred as the result of the negligence of Defendant Woodstock and was due in no manner to any act, or failure to act, on the part of Cindy K. Kelly. 11. Solely as a result of the negligence of Defendant Woodstock, Plaintiffs vehicle was a total loss, and a claim is made for the value of said vehicle. 12. Solely as a result of the negligence of Defendant Woodstock, personal property belonging to the Plaintiffs was damaged or destroyed, the value of which personal property is claimed by the Plaintiffs. 2 13. Solely as a result of the negligence of Defendant Woodstock, Plaintiffs have incurred miscellaneous expenses for which damages are claimed. COUNT I Cindy K. Kelly v. Ronald Woodstock and Trowbridge Transport. Ltd. 14. Plaintiff incorporates herein by reference paragraphs 1 through 13 of Plaintiffs Complaint. 15. As a result of the negligence of Defendant Woodstock, Plaintiff suffered serious and permanent injuries to various parts of her body, including, but not limited to, injuries to her cervical and lumbar regions, fracture of her sternum, bilateral knee pain and weakness, multiple bruises, contusions and lacerations, bilateral pain and weakness in her wrists, numbness and tingling in her left hand, problems with memory and concentration, as well as difficulty with anxiety while in a motor vehicle, and a severe shock to her nerves and nervous system. 16. As the result of the negligence of Defendant Woodstock, the Plaintiff was forced to incur medical bills and expenses for the injuries that she has suffered, and she will continue to incur medical expenses in the future. 17. As the result of the negligence of the Defendant Woodstock, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anxiety, humiliation, disfigurement, loss of life's pleasure and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. 3 18. As the result of the negligence of the Defendant, Plaintiff has incurred substantial damages because of the destruction of her personal property and automobile. WHEREFORE, Plaintiff demands judgment against the Defendants in an amount in excess of the mandatory arbitration limits. COUNT 11 Kevin W. Kelly v. Ronald Woodstock & Trowbridge Transport, Ltd. 19. Plaintiff incorporates herein by reference paragraphs 1 through 18 of Plaintiffs' Complaint. 20. Solely as the result of the negligence of Defendant Woodstock and the resulting injury to his spouse, Plaintiff Kevin Kelly has been deprived of the assistance, companionship and consortium of his wife, all of which has been to his great loss and detriment. Said losses may continue for an unknown time into the future. 21. Solely as a result of Defendant Woodstock and the resulting injury to his spouse, Plaintiff Kevin Kelly has incurred expenses and loss of income to care for his injured wife. WHEREFORE, Plaintiff demands judgment against the Defendants in an amount in excess of mandatory arbitration limits. 4 Respectfully submitted, WIX, WENGER & WEIDNER By [3,J' " P. W Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 7/13/06 5 I, Cindy K. Kelly, have read the foregoing Complaint, which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities, which provides that if I knowingly made false averments, I may be subject to criminal penalties. Date: `I /I JOG Cii y K. Kelly AND NOW, this 13th day of July, 2006, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Complaint this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Matthew L. Owens, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 WIX, WENGER & WEIDNER Gaye Cnst MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 Attorney for Defendants, Ronald Woodstock and Trowbridge Transport, Ltd. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs, CIVIL ACTION - LAW No: 06-2415 V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD., Defendants. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Cindy K. Kelly and Kevin W. Kelly, Plaintiffs c/o Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiffs Complaint within twenty (20) days from service hereof or a default judgment may be filed against you. M L , DENNEHEY, WARNER, CO EM & OGGIN BY: MA HEW L. OWENS, ESQUIRE DATE: 3 2Z (d -7 I.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 Attorneys for the Defendants MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 Attorney for Defendants, Ronald Woodstock and Trowbridge Transport, Ltd. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs, CIVIL ACTION - LAW No: 06-2415 V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD., Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF RONALD WOODSTOCK AND TROWBRIDGE TRANSPORT. LTD. AND NOW come Defendants Ronald Woodstock and Trowbridge Transport, Ltd. by and through the undersigned counsel, who file this Answer with New Matter and in support thereof aver as follows: 1. Denied. Responding Defendants lack knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 1, and therefore, the same are denied with strict proof thereof required at trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is denied that the occurrences as stated in Plaintiffs' Complaint occurred as stated on or about June 23, 2005 on Route 581 in Hampton Township, Cumberland County, Pennsylvania. It is admitted that Responding Defendant Ronald Woodstock was operating a tractor trailer and was involved in an accident where Plaintiffs vehicle struck his vehicle. 6. Admitted in part and denied in part. It is admitted that the Plaintiff was operating a 1997 Honda Accord westbound at the time of the subject accident. The remaining allegations are denied as stated. 7. Admitted in part and denied in part. It is admitted that Mr. Woodstock was operating a tractor trailer by Defendant Trowbridge Transport, Ltd. traveling westbound on 581. It is denied that he was solely in the left hand lane at the time of the accident. To the contrary, Mr. Woodstock at times was traveling in the left-hand lane as well as the right-hand lane in and around the time of the accident. 8. Denied. Paragraph 8 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 9. (a) - (c) Denied. Paragraph 9 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 10. Denied. Paragraph 10 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 11. Denied. Paragraph 11 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 12. Denied. Paragraph 12 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 13. Denied. Paragraph 13 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. COUNTI CINDY K. KELLY v. RONALD WOODSTOCK AND TROWBRIDGE TRANSPORT, LTD. 14. Responding Defendants, Ronald Woodstock and Trowbridge Transport, Ltd., incorporates herein by reference its responses to Paragraphs 1-13 above as fully as if the same were herein set forth at length. 15. Denied. Paragraph 15 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 16. Denied. Paragraph 16 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 17. Denied. Paragraph 17 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 18. Denied. Paragraph 18 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. WHEREFORE, Defendants demand judgment against the Plaintiffs together with such other costs this Honorable Court deems appropriate. COUNT II KEVIN W. KELLY v. RONALD WOODSTOCK AND TROWBRIDGE TRANSPORT, LTD. 19. Responding Defendants, Ronald Woodstock and Trowbridge Transport, Ltd., incorporates herein by reference its responses to Paragraphs 1-18 above as fully as if the same were herein set forth at length. 20. Denied. Paragraph 20 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 21. Denied. Paragraph 21 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. WHEREFORE, Defendants demand judgment against the Plaintiffs together with such other costs this Honorable Court deems appropriate. NEW MATTER 22. Responding Defendants, Ronald Woodstock and Trowbridge Transport, Ltd., incorporate herein by reference their responses to Paragraphs 1-21 above as fully as if the same were herein set forth at length. 23. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. 24. Plaintiffs' Complaint is barred by the applicable statute of limitations. 25. Plaintiffs' claims are barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, including the Plaintiffs selection of the limited tort option. 26. Plaintiffs' claims are barred by the Pennsylvania Comparative Negligence Statute. 27. Plaintiffs' claims are barred and/or limited by the doctrines of the assumption of the risk and/or contributory negligence. 28. Plaintiffs' claims are barred by the doctrines of res judicata and/or collateral estoppel. 29. Responding Defendants breached no duty of care owed to Plaintiff under the circumstances. 30. No act or omission on the part of Responding Defendants was a substantial contributing factor in bringing about Plaintiffs injuries, all such injuries being expressly denied. 31. Any and all alleged damages as set forth in Plaintiffs' Complaint were caused solely by the reckless and negligent conduct of Plaintiff in causing this accident, all such damages being expressly denied by Responding Defendants. 32. Any and all alleged damages in Plaintiffs' Complaint were caused solely by the reckless and negligent conduct of others over whom Responding Defendant had no control nor had the right to exercise control. WHEREFORE, Defendants demand judgment against the Plaintiffs together with such other costs this Honorable Court deems appropriate. DENNEHEY, WARNER, GOGGIN DATE: 02007 BY: MA EW OWENS, ESQUIRE \05 A\LIAB\MLOWENS\LLPG\2294'74\RECEP05\11032\00124 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Defendants' Answer with New Matter to Plaintiffs' Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Defendants' Answer with New Matter to Plaintiffs' Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs' Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Defendants' Answer with New Matter to Plaintiffs' Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Ron Woodstock DATE: /v" z? ?Ij M ? y The underdped hereby verifies that the statements in the foregoing Defendant's Answer with New Matter to Plaintiffs' Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Defendant's Answer with New Matter to Plaintiff' Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs' Complaint, and to the extent that it is based upon information which I have given to counsel; it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Defendant's Answer with New Metter to Plaintiffs' Complaint are that of counsel, I have relied upon my counsel in making this vetification. The undersigned also understands that the statements therein are made subject to the penalties of 18 PLC.S. Section 4904. relating to unworn falsification to authotitiea BY Title; gno' e z/ DATE: 4?7 (Primed name) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs, CIVIL ACTION - LAW NO. 06-2415 V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD., Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of March, 2007, I served a copy of the foregoing via First Class United States mail, postage prepaid as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Angela Zill -s?i ri C 1 + ? ? l '? ? j y j A. CINDY K. KELLY and IN THE COURT OF COMMON PLEAS KEVIN W. KELLY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 06-2415 CIVIL TERM V. CIVIL ACTION - LAW RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD. JURY TRIAL DEMANDED Defendants ; PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 22. Denied. 23. Denied. 24. Denied. 25. Denied. 26. Denied. 27. Denied. 28. Denied. 29. Denied. 30. Denied. 31. Denied. 32. Denied. WHEREFORE, Plaintiffs demand judgment against the Defendant and costs of this action. Respectfully submitted, WIX, WENGER & WEIDNER 1_ ,ia By Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 1?-lla? Dated: w VERIFICATION I, Richard H. Wix, Esquire, attorney for the Plaintiffs in this matter, verify that the statements made in the foregoing Plaintiffs' Reply to Defendants' New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that his statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Richard H. Wix, Esquire 3 )d7 i 07' Dated. I C? c C? t' ?•y -^ C C C 0" CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22??0 y ? IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, CUMBERLAND -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEOFFREY S. MCINROY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/22/2007 NGEO behal o C O Q. _ Attorney r DEFENDANT R1.33 133-H DE11-0689108 75032-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY File No. 06-2415 VS. RONALD WOODSTOCK & TROWBRIDGE TRANSPORT SUBPQ&hA IQ PROD!kCE DOCLNMTS OR THINGS FOR TIIS I OVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KEVIN KELLY. CP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.- 1601 Market StrecL Suite 800 Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S INROY, SF-O- ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17110 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: Protl?onotaiy/Cler?ttivil division MAY 2 2 2007 Deputy Date: p2' qt' X067 Seal of the Court 75032-01 CERTIFICATE IN THE MATTER OF: 1? Po PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS CINDY AND KEVIN KELLY -VS- RONALD WOODSTOCK & TROWBRIDGE TRANSPORT TERM, CUMBERLAND CASE NO: 06-2415 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEOFFREY S. MCINROY, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/22/2007 CS on ehal of PY&M BIZ "". ) h4t Attorney r DEFENDANT R1.33 133-H DE11-0689109 75032-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CINDY AND KEVIN KELLY -VS- RONALD WOODSTOCK & TROWBRIDGE TRANSPORT COURT OF COMMON PLEAS TERM, CASE NO: 06-2415 NOTICE OF INTENT IQ fiXM A SUBPOMA TO PBOM$ DOCUMENTS AND THINGS FOR DISCOVEAY PURSUANT 12 RULE 4009.21 KEVIN KELLY, CP EMPLOYMENT ORTHOPEDIC ASSOCIATES ?F Lrti. MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS DR. MARLENE FAUS MEDICAL RECORDS DR. ROBERT CHERRY MEDICAL RECORDS TO: RICHARD WIX , ESQ., PLT.INTIFF COUNSEL MCS on behalf of GEOFFREY S. M^_INROY, ESQ. intenis to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is mF:3e, th`^ I.e su1?pc?na may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card an;i raturn.ir3 sam° to MC3 or by contacting our local MCS office. DATE: 05/02/2007 CC: GEOFFREY S. MCIP:FOY, ESQ. - 11032-00124 Any questions regarding this matter, contact 14CS on behalf of GEOFFREY S. MCINROY, E Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 :Z1.31S 133-H DE02-0361966 75032-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY File No. 06-2415 vs. RONALD WOODSTOCK & TROWBRIDGE TRANSPORT TO: Custodian of Records for ORTHOPEDIC ASSOCIATES OF LAN. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Ca=- Inc.- 1601 Mkt Street- Suite 800 Philadeelnhia_ PA 19,103 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: GEOF ADDRESS: 4200( TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TH E-V-OURT: Prot ono Ci Division MAY 2 2 2007 Deputy Date: Seal of the Court 75032-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC ASSOCIATES OF LAN. 2104 HARRISBURG PIKE SUITE 100 LANCASTER, PA 17604 RE: 75032 CINDY KELLY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : CINDY KELLY 2138 KENTWOOD DRIVE, LANCASTER, PR 17601 Social Security #: XXX-XX-8262 Date of Birth: 04-12-1970 R1.31S 133-H SU10-0683480 75032-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, CUMBERLAND -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEOFFREY S. MCINROY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/22/2007 on ehalf of _ OFFI I Q Attorney f r DEFENDANT R1.33 133-H DE11-0689110 75032-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY VS. File No. 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT SUBPOEN_QPRODUCE W-CkN NTS OR THINGS FOR DISCQVERX PURSUANT TO RUL$ 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS Gm=. Inc._ 1601 Market Street Suite 800, Phi P pi -PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S. MCINROY. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG_ PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TFE OURT: Protho otary/Clerk, i 1 Di, 'sion .r MAY 2 2 2007 Deputy Date: ao/Lt RT ?U7 Seal of the Court 75032-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER MEDICAL RECORDS 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 75032 CINDY KELLY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PATIENT# 1261863 Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : CINDY RBLLY 2138 KENTWOOD DRIVE, LANCASTER, PA 17601 Social security #: 347-50-8262 Date of Birth: 04-12-1970 R1.31S 133-H SU10-0683482 75032-L03 CERTIFICATE IN THE MATTER OF: PREREQUISITE TO SERVICE OF A SUBPOENA P ,?y1 .' a jr' v v' G ? PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS CINDY AND KEVIN KELLY -VS- RONALD WOODSTOCK & TROWBRIDGE TRANSPORT TERM, CUMBERLAND CASE NO: 06-2415 As a prerequisite to service of a subpoena for documents and things pursuant: to Rule 4009.22 MCS on behalf of GEOFFREY S. MCINROY, E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/22/2007 on b half o OFFR S. C R Y, Q. Attorney for DEFENDANT R1.33 133-H DE11-0689111 75032-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CINDY AND KEVIN KELLY _VS_ RONALD WOODSTOCK & TROWBRIDGE TRANSPORT COURT OF COMMON PLEAS TERM, CASE NO: 06-2415 NOTICE OF INTENT IQ SIM A SUBPOENA TQ PRQRUCE DOCUMENTS AND THINGS FGR UIaCOWRX PURSUANT TO RUIX 4009.21 KEVIN KELLY, CP EMPLOYMENT ORTHOPEDIC ASSOCIATES OF LAN. MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS DR. MARLENE FAUS M3DICAaL RECORDS DR. ROBERT CHERRY MEDICAL RECORDS TO: RICHARD WIY , FSQ., PU-INTIFF COUNSEL MCS on behalf of GEOFtr.^Y S. 11CINROY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the suho_oena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and raturni3 same to MCS or by contacting our local MCS office. DATE: 05/07/2007 CC: GEOFFREY S. MCINROY, ESQ. - 11032-00124 Any questions regarding this matter, contact MCS on behalf of GEOFFREY S. MCINROY, ESQ. Attorney-for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 21.31S 133-H DE02-0361966 75032-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY vs. File No. 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT SUBPOENA TO MOUCE DQCT TMENTS Qjj 'THINGS FOR DISCOVERY PURSUANT TO RU LIE 4009.22 TO: Custodian of Records for DR. MARLENE FAUS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc.. 1601 Market Street Suite 800„ P ilaelnhia_ PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S. MCINROY. ES ADDRESS: 4200 CRUMS MILL ROAD TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: Prot ono er ivi ivision AY 2 $ 2007 Deputy Date: Seal of the Court 75032-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. MARLENE FADS NORLANCO MEDICAL ASSOC. 418 CLOVERLEAF ROAD ELIZABETHTOWN, PA 17022 RE: 75032 CINDY KELLY Prior approval is required for fees is excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : CINDY KELLY 2138 KENTWOOD DRIVE, LANCASTER, PA 17601 Social Security #: XXX-XX-8262 Date of Birth: 04-12-1970 R1.31S 133-H SU10-0683484 75032-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, CUMBERLAND -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT As a prerequisite to service of a subpoena for documents and things pursuant. to Rule 4009.22 MCS on behalf of GEOFFRFY S. MCINROY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/22/2007 WOFCSop behal o ( &I N SQ. Attorney Mr DEFENDANT R1.33 133-H DE11-0689112 75032-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CINDY AND KEVIN KELLY -VS- RONALD WOODSTOCK & TROWBRIDGE TRANSPORT COURT OF COMMON PLEAS TERM, CASE NO: 06-2415 NOTICE OF INTENT TO SAM A $U3P08NA TO PRODUCT DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RV&X 4009.21 KEVIN KELLY, CP EMPLOYMENT ORTHOPEDIC ASSOCIATES CF ??AN. MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS DR. MARLENE FAUS MEDICAL RECORDS DR. ROBERT CHERRY MEDICAL RECORDS TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of GEOFr°°Y S. MC7NROY, ESQ. _ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection. 's made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/02/2007 CC: GEOFFREY S. MCINROY, ESQ. - 11032-00124 Any questions regarding this matter, contact P..1.31S 133-H MCS on behalf of GEOFFREY S. MCINROY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0361966 75032-COI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY vs. File No. 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT SUBPOENA TO PRODUCE 2MIVMENTS QR, THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR, ROBERT CHERRY (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 ATTACHE] RIDER **** at The MCS Group. Inc.. 1601,Mmket Street Suite 800. PhilaMphia PA _ 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFF ADDRESS: 4200 Cl TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant _ MAY 2 i 2007 Date: Seal of the Court BY T COURT: p? I" / ivil ivision Pro onotary Deputy 75032-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. ROBERT CHERRY HERSHEY MEDICAL CENTER 500 UNIVERSITY DR. HERSHEY. PA 17033 RE: 75032 CINDY KELLY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : CINDY KELLY 2138 KENTWOOD DRIVE, LANCASTER, PA 17601 Social Security #: XXX-XX-8262 Date of Birth: 04-12-1970 R1.31S 133-H SU10-0683486 75032-LO5 r?'3 { 1 i; l f1 .z r 4 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, CUMBERLAND -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/10/2007 A, on b alfo of ? c MATTHEW L. OWENS, ESQ. Attorney for DEFENDANT R1.41 133-H DE11-0709780 75032-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 STATE FARM INSURANCE CO. INSURANCE STATE FARM INSURANCE CO. UNDERWRITING FILE HIGHMARK, INC. INSURANCE TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/21/2007 CC: MATTHEW L. OWENS, ESQ. - 11032-00124 Any questions regarding this matter, contact MCS on behalf of MATTHEW L. OWENS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H DE02-0372005 75032-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY File No. 06-2415 VS. RONALD WOODSTOCK & TROWBRIDGE TRANSPORT TO: Custodian of Records for STATE FARM INSURANCE CO. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCI; Gra= inc 1601 Market Street Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant EP 10 2007 Date: 10 0 Seal of the Court 75032-06 BY THE COURT: . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STATE FARM INSURANCE CO. ONE STATE FARM DRIVE P.O. BOX 41 CONCORDVILLE, PA 19331 RE: 75032 CINDY KELLY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. SEE ATTACHED Dates Requested: up to and including the present. Subject : CINDY KELLY 2138 KENTWOOD DRIVE, LANCASTER, PA 17601 Social Security #: XXX-XX-8262 Date of Birth: 04-12-1970 R1.41S 133-H SU10-0701216 75032-LO6 Any and all records In your possession, custody or control, whether retained in ...?..,._. electronic format or otherwise in standard hard copy, including, but not limited to, a complete copy of any PIP or claims file, tort option selection, declaration page, Insurance policies, claim notes, Investigative materials, photographs, medical records, reports and/or opinions, medical invoices and/or bails together with amounts paid, if any, by State Farm Insurance Companies, together with the PIP payout sheet listing every claim paid to a medical service provider, and every wage loss payment to Cindy Kelly relative to damages and/or Injuries sustained by her as a result of an automobile accident that occurred on 6/23/2005; Policy No. 7249-474-381i; Claim No.38-K697-707. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, CUMBERLAND -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/10/2007 /5 7 / MATTHEW L. OWENS, ESQ. Attorney for DEFENDANT R1.41 133-H DRll-0709781 75032-L07 • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 STATE FARM INSURANCE CO. INSURANCE STATE FARM INSURANCE CO. UNDERWRITING FILE HIGHMARK, INC. INSURANCE TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/21/2007 CC: MATTHEW L. OWENS, ESQ. - 11032-00124 Any questions regarding this matter, contact MCS on behalf of MATTHEW L. OWENS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H D802-0372005 75032-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY VS. File No. 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT TO: Custodian of Records for STATE FARM INSURANCE CO. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Cn=- Inc., 1601 Market Street Suite 800, Phi?bhiA_ PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SERI 02007 Date: M Seal of the Court BY THE COURT: ? , Civil Sion [?nomTY/Cler Deputy r"PT 75032-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STATE FARM INSURANCE CO. ONE STATE FARM DRIVE P.O. BOX 41 CONCORDVILLE, PA 19331 RE: 75032 CINDY KELLY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. POLICY #7249-474-38D, CLAIM #38-K697-707, DOA: 6/23/05; INCLUDING TORT OPTION SELECTION & DECLARATION PAGE ENTIRE UNDERWRITING FILE, INCLUDING BUT NOTE LMITED TO THE APPLICATION FOR INSURANCE, DELARATION PAGE, TORT SELECTION FORMS AND CLAIMS HISTORY. Dates Requested: up to and including the present. Subject : CINDY KELLY 2138 KEN7V00D DRIVE, LANCASTER, PA 17601 Social Security #: XXX-XX-8262 Date of Birth: 04-12-1970 R1.41S 133-H SU10-0701218 75032-LO7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, CUMBERLAND -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/10/2007 MCS on behalf MATTHEW L. OWENS, ESQ. Attorney for DEFENDANT R1.41 133-H DE11-0709782 75032-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 STATE FARM INSURANCE CO. INSURANCE STATE FARM INSURANCE CO. UNDERWRITING FILE HIGHMARK, INC. INSURANCE TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made,.then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/21/2007 CC: MATTHEW L. OWENS, ESQ. - 11032-00124 Any questions regarding this matter, contact MCS on behalf of MATTHEW L. OWENS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H DZ02-0372005 75032-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY File No. 06-2415 VS. RONALD WOODSTOCK & TROWBRIDGE TRANSPORT TO: Custodian of Records for HIGHMARK, INC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED IDEE **** at The MCS Gu=- Inc.- 1601 Market Street Site 800 P it dphia_ PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: _ (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 10 2007 Date: 8 10 D? Seal of the Court BY THE COURT: thonotary/Clerk, Civil 13vision Deputy 75032-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HIGHMARK, INC. P.O. BOX 890089 CAMP HILL, PA 17089 RE: 75032 CINDY KELLY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. POLICY #ZAR3476508262; INCLUDING PHOTOGRAPHS Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : CINDY KELLY 2138 KENTPTOOD DRIVE, LANCASTER, PA 17601 Social Security #: 347-50-8262 Date of Birth: 04-12-1970 Date of Loss: 06/23/2005 R1.41S 133-H SU10-0701220 75032-LO8 na ca ? try -r, 41 w oPn t- ? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, CUMBERLAND -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/01/2007 IWEW of TWENS, ESQ. Attorney for DEFENDANT R1.42 133-H DE11-0712725 75032-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY File No. 06-2415 vs. RONALD WOODSTOCK & TROWBRIDGE TRANSPORT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WEST SHORE EMERGENCY MED SER V (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER **** at The MCS Group Inc„ 1601 Market Street Suite Qnn Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MATTHEW L. OWENS. ES ADDRESS: 4200 CRUM_S MILL. ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: P othonotary/Clerk, Ci ' Division Date: Deputy Seal of the Court 75032-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WEST SHORE EMERGENCY MED SERV. 205 GRANDVIEW AVE. SUITE 311 CAMP HILL. PA 17011 RE: 75032 CINDY KELLY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRIs & CT SCANS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : CINDY KELLY 2138 KENTWOOD DRIVE, LANCASTER, PA 17601 Social Security #: XXX-XX-8262 Date of Birth: 04-12-1970 R1.41S 133-H SU10-0703472 75032-L09 • CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, CUMBERLAND -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/01/2007 s beh f MATT. OWENS ESQ. Attorney for DEFENDANT R1.42 133-H DE11-0712726 75032-L10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CINDY AND KEVIN KELLY -VS- RONALD WOODSTOCK & TROWBRIDGE TRANSPORT COURT OF COMMON PLEAS TERM, CASE NO: 06-2415 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 WEST SHORE EMERGENCY MED SERV HERSHEY LIFE LION TRANSPORT LOWER ALLEN TOWNSHIP EMS PONESSA MANUAL THERAPY LYMPTH KEVIN MILLER, DPM MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/10/2007 CC: MATTHEW L. OWENS, ESQ. - 11032-00124 Any questions regarding this matter, contact MCS on behalf of MATTHEW L. OWENS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H DE02-0373279 75032-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY File No. 06-2415 VS. RONALD WOODSTOCK & TROWBRIDGE TRANSPORT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY LIFE LION TRANSPORT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun Inc 1601 Market street, Suite 800 Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MATTHEW L. OWENS. ES ADDRESS: 4200_CRUMS MILL ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: othonotary/Clerk, Ci 'Division &ua- k - ? Date: S Ag /W Deputy Seal of the Court 75032-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HERSHEY LIFE LION TRANSPORT C/O HERSHEY MEDICAL CTR 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 75032 CINDY KELLY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRIs AND CT SCANS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : CINDY KELLY 2138 KENTWOOD DRIVE, LANCASTER, PA 17601 Social Security #: XXX-XX-8262 Date of Birth: 04-12-1970 R1.41S 133-H SU10-0703474 75032-LlO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, CUMBERLAND -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/01/2007 / MATTHEW L. WENS, ESQ. Attorney for DEFENDANT R1.42 133-H DE11-0712727 75032-Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CINDY AND KEVIN KELLY -VS- RONALD WOODSTOCK & TROWBRIDGE TRANSPORT COURT OF COMMON PLEAS TERM, CASE NO: 06-2415 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 WEST SHORE EMERGENCY MED SERV. HERSHEY LIFE LION TRANSPORT LOWER ALLEN TOWNSHIP EMS PONESSA MANUAL THERAPY LYMPTH KEVIN MILLER, DPM MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/10/2007 CC: MATTHEW L. OWENS, ESQ. - 11032-00124 Any questions regarding this matter, contact MCS on behalf of MATTHEW L. OWENS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H DE02-0373279 75032-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY File No. 06-2415 vs. RONALD WOODSTOCK & TROWBRIDGE TRANSPORT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LOWER ALLEN TOWNSHIP EMS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Czroun. nc _ 1601 MUI Street, Suite 800, Philadelphia,, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MATTHEW L. OWENS, ES ADDRESS: 4200 CRITMS MTT.T. RC)AT) TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: B/dq 18087 Seal of the Court BY THE COURT: othonotary/Clerk, Civil sion g. Deputy 75032-11 . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LOWER ALLEN TOWNSHIP EMS 1993 HUMMEL AVE. CAMP HILL, PA 17011 RE: 75032 CINDY KELLY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRIs & CT SCANS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : CINDY KELLY 2138 KENTWOOD DRIVE, LANCASTER, PA 17601 Social Security #: XXX-XX-8262 Date of Birth: 04-12-1970 R1.41S 133-H SU10-0703476 75032-Lll 6fi CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CINDY AND KEVIN KELLY -VS- RONALD WOODSTOCK & TROWBRIDGE TRANSPORT COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-2415 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/01/2007 ?S a al MATTHEW L, WENS, ESQ. ? Attorney for DEFENDANT R1.42 133-H DE11-0712728 75032-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 WEST SHORE EMERGENCY MED SERV. MEDICAL, BILLING, AND X-RAY(S) HERSHEY LIFE LION TRANSPORT MEDICAL, BILLING, AND X-RAY(S) LOWER ALLEN TOWNSHIP EMS MEDICAL, BILLING, AND X-RAY(S) PONESSA MANUAL THERAPY LYMPTH MEDICAL, BILLING, AND X-RAY(S) KEVIN MILLER, DPM MEDICAL, BILLING, AND X-RAY(S) TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/10/2007 CC: MATTHEW L. OWENS, ESQ. - 11032-00124 Any questions regarding this matter, contact MCS on behalf of MATTHEW L. OWENS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 4800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H DE02-0373279 75032'-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY File No. 06-2415 vs. RONALD WOODSTOCK & TROWBRIDGE TRANSPORT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PONESSA MANUAL THERAPY LYMPTH (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groff Inc., 1601 Market Street Suite 800, P iladelpWa. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME; MATTHEW L. OWENS. ES ADDRESS: 4200 CRUMS MILL ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: othonotary/Clerk, Civil vision V sla917 Deputy Date: D Seal of the Court 75032-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PONESSA MANUAL THERAPY LYMPTH 1689 CROWN AVENUE LANCASTER, PA 17601 RE: 75032 CINDY KELLY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRIs AND CT SCANS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : CINDY KELLY 2138 KENTWOOD DRIVE, LANCASTER, PA 17601 Social Security #: XXX-XX-8262 Date of Birth: 04-12-1970 R1.41S 133-H SU10-0703478 75032-L12 ' CERTIFICATE ORIC71NAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CINDY AND KEVIN KELLY TERM, CUMBERLAND -VS- CASE NO: 06-2415 RONALD WOODSTOCK & TROWBRIDGE TRANSPORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. f o eha2N0SfPi 0 DATE:10/01/2007 MATTHEW SQ. ` Attorney for DEFENDANT R1.42 133-H DE11-0712729 75032-L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CINDY AND KEVIN KELLY -VS- RONALD WOODSTOCK & TROWBRIDGE TRANSPORT COURT OF COMMON PLEAS TERM, CASE NO: 06-2415 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 WEST SHORE EMERGENCY MED SERV. HERSHEY LIFE LION TRANSPORT LOWER ALLEN TOWNSHIP EMS PONESSA MANUAL THERAPY LYMPTH KEVIN MILLER, DPM MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/10/2007 CC: MATTHEW L. OWENS, ESQ. - 11032-00124 Any questions regarding this matter, contact MCS on behalf of MATTHEW L. OWENS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H DE02-0373279 75032-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CINDY AND KEVIN KELLY File No. 06-2415 VS. RONALD WOODSTOCK & TROWBRIDGE TRANSPORT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KEVIN MILLER. DPM (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: **** SEP ATTACHED RIDER**** at The M C=M. Tnc 1601 Mark tr t site 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MATTHEW L. OWENS. ES ADDRESS: 4200 CRUMS MTT.T. ROAT) TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: thonotary/C1erk,.Civil 'vision &b., 4. &?-? Deputy Date: HIaRID? Seal of the Court 75032-13 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR KEVIN MILLER, DPM BELL PODIATRIC ASSOCS. 2112 HARRISBURG PIKE LANCASTER, PA 17601 RE: 75032 CINDY KELLY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRIs AN CT SCANS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. subject : CINDY KELLY 2138 KENTWOOD DRIVE, LANCASTER, PA 17601 Social Security #: XXX-XX-8262 Date of Birth: 04-12-1970 R1.41S 133-H SU10-0703480 75032-L13 PRAE E FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. ---------------------------------------------------------------------------------------------------------------• CAPTION OF CASE (entire caption must be stated in full) (check one) ® Civil Action - Law CINDY K. KELLY and ? Appeal from arbitration KEVIN W. KELLY, ? (other) (Plaintiff) Vs. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD VS. (Defendant) The trial list will be called on 3 / 17 / 2 0 0 9 and Trials commence on 4/13/2009 Pretrials will be held on 3/ 2 5/ 2 0 0 9 (Briefs are due S days before pretrials No. 2 415 , 2006 Term Indicate the attorney who will try case for the party who files this praecipe: Richard H. Wix, Esq., 4705 Duke St., Harrisburg, PA 17109 Indicate trial counsel for other parties if known: Matthew Owens, Esq., 2000 Lingiestown Road, Suite 100, Harrisburg 1711 This case is ready for trial. Signed:l e Print Name: Richard H. Wix Date: / bol/';?-009 Attorney for: Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 30th day of January, 2009, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs hereby certify that I served the within Praecipe for Listing Case for Trial this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Matthew L. Owens, Esq. 2000 Linglestown Road, Suite 100 Harrisburg, PA 17110 WIX, WENGER & WEIDNER Gaye Cri t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD., Defendants. CIVIL ACTION - LAW NO. 06-2415 JURY TRIAL DEMANDED ENTRY AND WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Matthew L. Owens, Esquire as counsel with the law firm of Marshall Dennehey Warner Coleman and Goggin and any other attorney with the law firm of Marshall Dennehey Warner Coleman and Goggin on behalf of Defendants, Ronald Woodstock and Trowbridge Transport, Ltd., with respect to the above-referenced matter. Please enter the appearance of Matthew L. Owens, Esquire and the law firm of Owens Barcavage and Mclnroy, LLC. as counsel of record for Defendants Ronald Woodstock and Trowbridge Transport, Ltd. in the above-captioned matter. OWENS BARCAVAGE AND DATE: 3u to 1 BY: Matthew ins, Esquire ID# 76080 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 (717) 909-2500 Y, LLC. yr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W KELLY, Plaintiffs CIVIL ACTION - LAW NO. 06-2415 v. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD., Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 4 I, Matthew L. Owens, Esquire, do hereby certify that on this 30 day of January, 2009, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Matthew L. Owens, Esquire -+? ? r-?'- ??. ??? ? ? ?_ ? ? ,.' ? ? ra) v v F i A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W. ) CIVIL ACTION - LAW KELLY, ) Plaintiffs, ) NO. 06-2415 RONALD WOODSTOCK and ) TROWBRIDGE TRANSPORT, LTD., ) Defendants. ) JURY TRIAL DEMANDED MOTION OF DEFENDANTS. RONALD WOODSTOCK AND TROWBRIDGE TRANSPORT. LTD. TO COMPEL MULTIPLE _INDEPENDENT MEDICAL EXAMINATIONS OF PLAINTIFF KELLY AND NOW comes Defendants, Ronald Woodstock and Trowbridge Transport, Ltd., by and through their attorney, Matthew L. Owens, Esquire, and in support thereof aver as follows: 1. Plaintiff instituted this action by filing a civil complaint in the Cumberland County Court of Common Pleas. 2. The case seeks damages for alleged injuries sustained as a result of a tractor trailer-automobile accident which occurred on June 23, 2005, on Route 581 in Cumberland County. 3. The Defendants are a Canadian trucking company and a Canadian truck driver who was operating a tractor trailer at the time of the accident. 4. The Plaintiff alleges serious injuries and it is agreed that Plaintiff was life-flighted to Hershey Medical Center from the scene of the accident. 5. Plaintiff alleges she sustained serious and permanent injuries with continuing symptomatology and has treated with various medical specialties since the date of the accident including orthopedists and a podiatrist. 6. The Plaintiff sustained various and specific injuries of an orthopedic nature including a fractured sternum and bilateral knee injuries as well as neck and back injuries; and also sustained injuries to her feet which have been classified or diagnosed as hallux vagus deformity left foot greater than right and probable posterior tibial tendonitis right foot and ankle pain. 7. Both separate and independent injuries are claimed to be a direct result of the accident, and furthermore, are listed as permanent in nature with continuing symptomatology affecting Plaintiffs life. 8. The Plaintiff seeks damages for both injuries in the form of pain and suffering damages and certainly will be asking the jury to award pain and suffering damages for the separate and distinct injuries and permanent problems associated with those injuries. 9. Plaintiffs certainly will have evidence and perhaps expert medical testimony from both specialties when presenting their damages case to the jury. 10. Defendants have requested that Plaintiffs agree through their attorney, Richard Wix, Esquire, to two separate independent medical examinations, one from an orthopedic doctor and one from a podiatrist. 11. Plaintiff s counsel objected to the request and indicated that he would agree to only one independent medical examination. 12. Under the applicable Pennsylvania Rules of Civil Procedure, Rule 4010, a defendant or defendants are entitled to multiple independent medical examinations when 2 separate and distinct areas of the body are injured or damaged or alleged to have been injured or damaged as a result of the negligence of that defendant or defendants. 13. It is not unreasonable or unduly burdensome to have Plaintiff examined by two separate doctors especially when the Plaintiff is claiming damages or injuries to two separate and distinct body parts and most likely will have testimony put on before the jury from two different medical experts from two different medical specialties. WHEREFORE, Defendants respectfully request that this Honorable Court grant their Motion to Compel Multiple RvfE's and enter an order compelling Plaintiff to submit to two IME's, one from an orthopedist and one from a podiatrist both of the Defendants' choosing. Respectfully submitted, OW4ewMa CAV GE & MC OY, LLC BY: L-I ens, Esquire re I.D. No. 76080 2000 Linglestown Road, Suite 303 Harrisburg, PA 17111 (717) 909-2500 Attorneys for Defendants Ronald Woodstock and Trowbridge Transport Ltd. DATE: 2-11 q. f V CERTIFICATE OF SERVICE I, Matthew L. Owens, Esquire, of Owens, Barcavage & McInroy, LLC, do hereby certify that on this I-N, day of February, 2009, I served a true and correct copy of the foregoing document via U.S. First Class Mail, postage prepaid, addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Matthew L. Owens ?r--,') ? ,-? _ _ ? ?.? '"t"1 -- + ,-;7 `T, ._: € ,Cx) - ,_ r: _..! lr? ? ..i --C I k *14 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for Argument Court.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY K. KELLY and KEVIN W. ) CIVIL ACTION - LAW KELLY, ) Plaintiffs, ) NO. 06-2415 RONALD WOODSTOCK and ) TROWBRIDGE TRANSPORT, LTD., ) Defendants. ) JURY TRIAL DEMANDED 1. State matter to be argued: Defendant's Motion to Compel Multiple Independent Medical Examinations of Plaintiff 2. Identify all counsel who will argue cases: (a) for plaintiffs: Richard Wix Esquire Wix, Wenger & Weidner, 4705 Duke St., Harrisburg, PA 17109 (b) for defendants: Matthew L. Owens Esquire, Owens, Barcavage & McInroy, LLC, 200 Linglestown Rd., Ste 303, Harrisburg, PA 17110 3. I will notify all parties in writing within two days tha 4. Argument Court Date: March 18, 2009 Date: INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The fes nding party shall file their brief 5 days prior to argument. 4. If a eat is continued new briefs must be filed with the COURT AD STRATOR (not the Prothonotary) after the case is relisted. C MatFh?w L O,?vP.n c Print your name ---?'O'J f, JA I ix - 1.0w t& orney for 1 CERTIFICATE OF SERVICE I, Matthew. Owens, Esquire, of Owens, Barcavage & McInroy, LLC, do hereby certify that on this r R day of February, 2009, I served a true and correct copy of the foregoing document via U.S. First Class Mail, postage prepaid, addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Matthew L. Owens CD, CINDY K. KELLY and KEVIN W. IN THE COURT OF COMMON PLEAS OF KELLY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v CIVIL ACTION - LAW RONALD WOODSTOCK and TROWBRIDGE: TRANSPORT, LTD, Defendants 06-2415 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 17th day of March, 2009, upon consideration of the call of the civil trial list, and counsel for Defendants Woodstock and Trowbridge Transport, LTD, Matthew Owens, Esquire, having indicated that this case is to be continued by agreement of counsel, this case is stricken from the trial list, and counsel are directed to relist it at such time as they deem it appropriate. By the Court, 0 J// J. esley 01V, Jr., J. ,/Richard W. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109 For Plaintiffs X-atthew Owens, Esquire 400 Crums Mill Road Suite B Harrisburg, PA 17112 For Defendants Court Administrator :mae Cam! + cn C-C t ; iA.1 ;W:y f.w tY_ CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2415 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO COMPEL DISCOVERY NOW COME the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and sets forth the following Motion. 1. The above-captioned matter arises out of a motor vehicle accident occurring on June 23, 2005. 2. Plaintiff Cindy Kelly sustained personal injuries as a result of the accident and has undergone surgical procedures. 3. On April 29, 2009, Cindy Kelly was examined by Dr. Alan Grossman at the request of the Defendants. 4. Plaintiffs have requested a copy of Dr. Grossman's report on his examination of Cindy Kelly as is more particularly seen in copies of the correspondence attached hereto as Exhibit "A". 5. To date no report from Dr. Grossman has been produced. Plaintiffs desire to list this case for trial and schedule the deposition of her own physician but want to have the report of Dr. Grossman prior to scheduling the deposition of her own doctor. WHEREFORE, Plaintiffs request your Honorable Court to establish a deadline for Defendants to submit a report on the IME and upon failure to do so be prohibited from calling Dr. Grossman at the time of trial. Respectfully submitted, WIX, WENGER & WEIDNER By / a Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3041 (717) 652-8455 Dated: 7/6/2009 2 CERTIFICATE OF SERVICE AND NOW, this 6th day of July, 2009, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs hereby certify that I served the within Plaintiffs' Motion to Compel Discovery this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Matthew L. Owens, Esq. 2000 Linglestown Road, Suite 303 Harrisburg, PA 17110 WIX, WENGER & WEIDNER Gaye C st Windows Live Hotmail Print Message Page 1 of 1 Kelly v. Trowbridge From: Richard H. Wix (rhwix@hotmaii.com) Sent: Mon 6/01/09 9:41 AM To: Matthew Owens (mlowens.obm@comcast.net) Dear Matt: I assume that you have now received the report from your IME doctor. Could you please forward the report to me. Dick Wix Windows Live"'": Keep your life in sync. Check it out. Exhibit "A" Windows Live Hotmail Print Message Kelly v. Trowbridge, et al. From: Richard H. Wix (rhwix@hotmaii.com) Sent: Tue 6/23/09 1:45 PM To: Matthew Owens (mlowens.obm@comcast.net) Matt, Page 1 of 1 Cindy Kelly's IME was April 29, 2009, and I have not as yet received a report from you. Please advise when we can expect a report. Dick _._........ BingT" brings you maps, menus, and reviews organized in one place. Try it now. C? 1r r 'TA, '$tloq V?( 6t }? (. f.1+ ?f fb {. ' t/ f ? .? ! Y1 ? ? t.. ?V4 CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs V. RONALD WOODSTOCK : and TROWBRIDGE TRANSPORT, LTD., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2415 CIVIL TERM IN RE: PLAINTIFFS' MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 9 h day of July, 2009, upon consideration of Plaintiffs' Motion To Compel Discovery, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, Richard H. Wix, Esq. 4705 Duke Street Harrisburg, PA 17109-3041 Attorney for Plaintiffs Matthew L. Owens, Esq. Suite 303 2000 Linglestown Road Harrisburg, PA 17110 Attorney for Defendants :rc Ce s rna 1 , Qb? CR THE `TARY 2099 JUL _. 9 PH 2= 4 9 CUM r, I CINDY K. KELLY and IN THE COURT OF COMMON PLEAS KEVIN W. KELLY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 06-2415 CIVIL TERM V. CIVIL ACTION - LAW RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD. JURY TRIAL DEMANDED Defendants PLAINTIFFS' MOTION TO COMPEL EXPERT REPORT NOW COME the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and set forth the following Motion. 1. On or about July 7, 2009, Plaintiffs filed a Motion to Compel Discovery requesting that Defendants produce a written report from its independent medical examiner, Dr. Alan Grossman. 2. On or about July 9, 2009, the Prothonotary of Cumberland County mailed a Rule to Show Cause why the Order should not be granted to both plaintiff and defense counsel 3. Defense counsel, Matthew Owens, has advised Plaintiff counsel, Richard H. Wix, that he is not going to file an Answer to the Rule to Show Cause. 4. Plaintiffs desire to list this case for trial and need to have the Defendants' expert report if Defendants are going to call Dr. Grossman at the time of trial. 5. Plaintiffs hereby submit an Order requesting your Honorable Court to set a deadline for Dr. Grossman to produce a written report concerning his examination which took place on April 29, 2009, and upon failure to do so be prohibited from calling Dr. Grossman at the time of trial. Respectfully submitted, WIX, WENGER & WEIDNER Y Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3041 (717) 652-8455 Dated: 8/3/2009 2 CERTIFICATE OF SERVICE AND NOW, this 3rd day of August, 2009, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs hereby certify that I served the within Plaintiffs' Motion to Compel Expert Report this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Matthew L. Owens, Esq. 2000 Linglestown Road, Suite 303 Harrisburg, PA 17110 WIX, WENGER & WEIDNER Gaye C st FILED OF THE R' 4"','CM;RY 2009 AUG -4 AI : 514 CINDY K. KELLY and IN THE COURT OF COMMON PLEAS KEVIN W. KELLY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 06-2415 CIVIL TERM V. CIVIL ACTION - LAW RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD. JURY TRIAL DEMANDED Defendants PLAINTIFFS' AMENDED MOTION TO COMPEL EXPERT REPORT NOW COME the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and set forth the following Motion. 1. On or about July 7, 2009, Plaintiffs filed a Motion to Compel Discovery requesting that Defendants produce a written report from its independent medical examiner, Dr. Alan Grossman. 2. On or about July 9, 2009, the Prothonotary of Cumberland County mailed a Rule to Show Cause why the Order should not be granted to both plaintiff and defense counsel 3. Defense counsel, Matthew Owens, has advised Plaintiff counsel, Richard H. Wix, that he is not going to file an Answer to the Rule to Show Cause. 4. Plaintiffs desire to list this case for trial and need to have the Defendants' expert report if Defendants are going to call Dr. Grossman at the time of trial. 5. Plaintiffs hereby submit an Order requesting your Honorable Court to set a deadline for Dr. Grossman to produce a written report concerning his examination which took place on April 29, 2009, and upon failure to do so be prohibited from calling Dr. Grossman at the time of trial. 6. No judge has ruled upon any other issue in this litigation other than Judge Oler who issued a Rule to Show Cause upon the Defendants in connection with Plaintiffs' original Motion to Compel Expert Report. 7. Defense counsel concurs that a deadline should be established for the submitting of a report, but the parties have not agreed upon how many more additional days Defendants should be given to produce an expert report from the April 29, 2009 examination. Accordingly, the number of additional days to file a report needs to be established by the court. Respectfully submitted, WIX, WENGER & WEIDNER By ?CJ1 a. l`l wi?i Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3041 (717) 652-8455 Dated: 8/7/09 2 CERTIFICATE OF SERVICE AND NOW, this 7th day of August, 2009, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs hereby certify that I served the within Plaintiffs' Amended Motion to Compel Expert Report this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Matthew L. Owens, Esq. 2000 Linglestown Road, Suite 303 Harrisburg, PA 17110 WIX, WENGER & WEIDNER 140-41, L4? Gaye C ' t Jl i,prir CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs V. RONALD WOODSTOCK. : and TROWBRIDGE TRANSPORT, LTD., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2415 CIVIL TERM IN RE: PLAINTIFFS' MOTION TO COMPEL EXPERT REPORT AND PLAINTIFF'S AMENDED MOTION TO COMPEL EXPERT REPORT ORDER OF COURT AND NOW, this 20th day of August, 2009, upon consideration of Plaintiffs' Motion To Compel Export Report and Plaintiffs' Amended Motion To Compel Expert Report, and following a telephone conference held on this date, with Richard H. Wix, Esq., counsel for Plaintiffs, and Matthew L. Owens, Esq., counsel for Defendants, and pursuant to an agreement of counsel, Defendants are directed to serve upon Plaintiffs' counsel a copy of their expert report from the April 29, 2009 examination by Dr. Alan Grossman within 14 days of the date of this order. Richard H. Wix, Esq. 4705 Duke Street Harrisburg, PA 17109-3041 Attorney for Plaintiffs 3 BY THE COURT, ?/Matthew L. Owens, Esq. Suite 303 2000 Linglestown Road Harrisburg, PA 17110 Attorney for Defendants :rc p Co i cs rte ?l l ?iLEG--?:?r?E?F OF THE P 07": ".IOTARY 2009 AUG 21 PH 1: 56 OUNITY PE;14t«;rLY 1A PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. ---------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) N Civil Action -Law Cindy K. Kelly and Kevin M. Kelly ? Appeal from arbitration (other) (Plaintiff) vs. Ronald Woodstock and Trowbridge Transport, LTD 10/20/2009 The trial list will be called on and 11/16/2009 Trials commence on 10/28/2009 (Defendant) Pretrials will be held on vs. (Briefs are due S days before pretrials 06-2415 Civil No. Term Indicate the attorney who will try case for the party who files this praecipe: Richard H. Wix, Esq., 4705 Duke Street, Harrisburg, PA 17109 (717) 652-8455 Indicate trial counsel for other parties if known: Matthew L. Owens, Esq., 2000 Linglestown Rd., Ste. 303, Harrisburg, PA 17110 (717) 909-2500 This case is ready for trial. Signed: 1(ihq rA,- (V , any Print Name: Richard H. Wix, Esq. Plaintiffs Date: 0 4? Attorney for: C-A -1 T t OF THE F ;,"'Tf,"n"N TARY 2009 SEP 24 AM ! f - 13 ,-,i- A: s 7, 2 'k -rI ?- 3 04'i` CINDY K. KELLY and KEVIN M. KELLY, Plaintiffs V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2415 CIVIL TERM ORDER OF COURT AND NOW, this 28 h day of October, 2009, upon relation of Richard H. Wix, Esq., attorney for Plaintiff, that this case has settled, it is stricken from the November 16, 2009, Civil Trial List. BY THE COURT, Wesley Ole Jr., Richard H. Wix, Esq. Attorney for Plaintiff ? XMatthew L. Owens, Esq. Attorney for Defendant Court Administrator :rc FI fit?-OiFICE OF TFE PROTHONOTARY 2009 OCT 28 PM 3: 4 7 2010 J 1! 28 CINDY K. KELLY and KEVIN W. KELLY, Plaintiffs V. RONALD WOODSTOCK and TROWBRIDGE TRANSPORT, LTD Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2415 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned matter as settled and discontinued. Respectfully submitted, WIX, WENGER & WEIDNER By Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3041 (717) 652-8455 Dated: 12/23/2009