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HomeMy WebLinkAbout06-6828IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN D. ROCK and MADELEINE ROCK, NO. OL Plaintiffs V. CHARLES D. STALFIRE and K2 INVESTMENTS, LLC, Defendants : CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default 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 DAL1fl E•ANBTIN>fl, P. ('.. Yogis, Yzr.evivwxus 11405 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL STEPHEN D. ROCK and MADELEINE ROCK, Plaintiffs V. CHARLES D. STALFIRE and K2 INVESTMENTS, LLC, Defendants . NO. : CIVIL ACTION -LAW : JURY TRIAL DEMANDED AVISO PARA DEFENDER Conforme a PA RCP Num. 1018.1 USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accio'n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA EIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LAWYER REFERRAL SERVICE OF THE °w°FFI°E=°F CUMBERLAND COUNTY BAR ASSOCIATION DALH F. d=71 H. Y. C. TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN D. ROCK and MADELEINE ROCK, : NO. el v t L-*yi Plaintiffs V. CIVIL ACTION -LAW CHARLES D. STALFIRE and K2 INVESTMENTS, LLC, Defendants JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiffs, Stephen D. Rock and Madeleine Rock, husband and wife, are adult individuals residing at 690 Cleveland Avenue, Chambersburg, Pennsylvania 17201. 2. The Defendant, Charles D. Stalfire (hereinafter "Defendant Stalfire" ), is an adult individual residing at 9 Kormar Road, Plymouth Meeting, Pennsylvania 19462. 3. Defendant K2 Investments, LLC, (hereinafter "Defendant KT) is a Pennsylvania limited liability company with an address for service of 1309 Pinetown Road, Fort Washington, Pennsylvania 19034. 4. On April 7, 2005, Plaintiff Stephen D. Rock was the operator of a 2004 Chevrolet 1111-5 01 DA 1.1a Fi•ANSTIN1?. P. Yom, Panxricc eoxu5??aoa Colorado bearing Pennsylvania registration plate YPH8425 which was owned by and used with the permission of SPRINT. 5. On April 7, 2005, Defendant Stalfire was the operator of a 1999 Ford F-250 bearing Pennsylvania registration plate YNW8472 which was owned by and used with the permission of Defendant K2. 6. At all times relevant hereto, Defendant Stalfire was acting within the course and I? scope of his employment with Defendant K2. 7. On April 7, 2005, at approximately 11:45 a.m., the Plaintiff was operating his vehicle eastbound on East King Street at its intersection with North Queen Street in Shippensburg, Cumberland County, and stopped his vehicle for a steady red traffic control signal. 8. At that same time and place, the Defendant was operating his vehicle directly behind the Plaintiff s vehicle when he failed to stop before striking the rear of Plaintiffs vehicle, causing a I collision which resulted in injuries and damages to the Plaintiff. 9. This accident occurred as a result of the negligence of the Defendants and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 10. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. COUNTI STEPHEN ROCK V. CHARLES D. STALFIRE 11. Paragraphs 1 through 10 are incorporated herein and made a part hereof as fully as E DALH . AN6TINE. P. C. "IT "-IT IIIIIT Y ?? PsxnFfcE .oxuS??aoa though set forth at length. 12. The negligence of the Defendant consisted of the following: a) Failing to properly operate and control his motor vehicle; b) Failing to keep alert and maintain a proper lookout for the presence 2 of other motor vehicles on the streets and highways; C) Operating his vehicle in careless disregard for the safety of others and the Plaintiff in particular, in violation of 75 Pa.C.S. §3714; d) Operating his vehicle too fast for the conditions then and there existing, in violation of 75 Pa.C.S. §3361; e) Following too closely to Plaintiffs vehicle, in violation of 75 Pa.C.S. §3310; fl Failing to stop or take other evasive action before striking the rear of Plaintiffs vehicle; g) Failing to stop his vehicle within the assured clear distance ahead, in violation of 75 Pa.C.S. §3361; and h) Failing to exercise reasonable care to avoid striking the rear of Plaintiffs vehicle when the Defendant knew, or should have known, of the presence of Plaintiffs vehicle. 13. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries, including but not limited to, cervical and lumbar disc injuries, headaches, hip pain, cervical and lumbar strain/sprain, cervical and lumbar radiculopathy, and a severe shock to his nerves and nervous system. 14. As a result of the negligence of the Defendant, the Plaintiff incurred medical bills and expenses for the injuries he has suffered, and he will continue to incur medical expenses in the future. 15. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may DALE E. ANBT[NH. P. C. I.- Pexxsrivwnu ??4oa suffer, a severe loss of his earnings and impairment of his earning capacity, and the loss of income and impairment of earning capacity will, or may, continue in the future. 3 16. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in his pursuit of daily activities, all to his great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT II STEPHEN ROCK V. K2 INVESTMENTS, LLC. 17. Paragraphs 1 through 16 are incorporated herein and made a part hereof as fully as though set forth at length. 18. At all times relevant hereto, Defendant Stalfire was acting in the course and scope of his employment with Defendant K2, under the control of Defendant K2, and in furtherance of the business interests of Defendant K2. 19. Defendant K2 is vicariously liable for the negligence of Defendant Stalfire. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. 4 COUNT III MADELEINE ROCK V. CHARLES D. STALFIRE and K2 INVESTMENTS, LLC 20. The allegations contained in paragraphs 1 through 19, inclusive, are incorporated herein as fully as though set forth at length. 21. Solely as a result of the negligence of the Defendants, and the resulting injuries to her spouse, the Plaintiff, Madeleine Rock, has been deprived of the assistance, companionship and consortium of her husband, all of which has been to her great loss and detriment. Said losses will continue for an unknown time into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendants in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OF F D E. A N , P.C. Da e E. Anstine, Esqui Attorney I.D. No. 22487 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717) 846 - 0606 5 l VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true I and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ? Date://-,:,V7--,?)' r?f Date: 4??" 149 re??2? 'STEPHEN D. ROCK qVfADELEINE ROCK C?l 4Q. r i - ". i', f i N C=nl l' a N l.U "9a 0 M:n x?" 6 SHERIFF'S RETURN - OUT OF COUNTY CAA NO: 2006-06828 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROCK STEPHEN D ET AL VS STALFIRE CHARLES D ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: K2 INVESTMENTS LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLAINT Sc NOTICE On December 15th , 2006 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: So answer -?' Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas K=erland .00 Sheriff of County .00 16 . 0 0 ? ,?/?? ?-~ 12/15/2006 DALE E. ANSTINE Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06828 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROCK STEPHEN D ET AL VS STALFIRE CHARLES D ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: STALFIRE CHARLES D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 15th , 2006 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas iftai)z' Montgomery County 49.00 Sheriff of C erland County .00 8 6 . 0 0 ? ??19?A 4- 12/15/2006 DALE E. ANSTINE Sworn and subscribe to before me this day of , A. D. In • e Court of Common Pleas of Cumberland County, Pennsylvania Stephen D. Rock et al VS. Charles D. Stalfire et al SERVE: Charles D. Stalfire 06-6828 civil No. Now, November 30, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ! Fl 2 , 20_2L, at j o'clock within M. served the upon kv l / 1) nGA4 (mot SW PC) "4 1145-4 at 11 d by handing to / ?IC- a copy of the original and made known to ?30 the contents thereof. So answers, Sworn and subscribed before me this day of , 20 o ? Slieriff o County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT $ 'In The Court of Common Pleas of Cumberland County, Pennsylvania Stephen D. Rock et al VS. Charles D. Stalfire et al SERVE: K2 Investments LLC Now, November 30, 2006 06-6828 civil No. I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. //. Sheriff of Cumberland County, PA Affidavit of Service Now, 20_i2L_, at o'clock M. served the within upon eN I / o &4 5,14 13 ou&&6 at by handing to a copy of the original and made known to v'iflz the contents thereof. So answers, AW-6 D 1? -- Aw Shen of CountyA Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT V 1 • s SHERIFF'S RETURN PROTHONOTARY C- 4349 DEFENDANT: Charles D. Stalfire, K2 Investmensts LLC DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Philomena Fishbourne RELATIONSHIP TO DEFENDANT: Grandmother, Person In Charge DATE AND PREVAILING TIME: Dec. 7, 2006 @ 1:00 LOCATION: 9 Kormar Rd., Plymouth Meeting, PA 74 44"e at" "Uted 0* e4 as At4 &p4M ZS* COQ 4d 49aac l? da &4*e* a? W4*r fte4 y, ea• wmm"" a? ?ciaua?yGxa?cla, 4#i4mcd "d ?qow we arc d& day 4a aw4a tew. =. Z)wm*a ?ccdlic Du, 11, 2006 S4"w 4 wo*oo«rvuy e"we* . - : I.SFAL w PATRICIA A GWAI ROBE Notary Public NORWOWN BOROUGH, MONTGOMERY COUNTY My Commission Expkm Dec. 13, 2008 ty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAH N li. ANNTIXH9 11, (?. Yon.. Pen F y eoxu ??.so5 STEPHEN D. ROCK and MADELEINE ROCK Plaintiff, V. CHARLES D. STALFIRE and K2 INVESTMENTS, LLC Defendants. To: CHARLES D. STALFIRE 9 Kormar Road Plymouth Meeting, PA 19462 NO. 06-6828 CIVIL ACTION - LAW K2 INVESTMENTS, LLC 1309 Pinetown Road Fort Washington, PA 19034 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AA,TD YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. „ . 1b I Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York, Pennsylvania 17401 (717) 854 - 8755 RESPECTFULLY SUBMITTED: LAW OFFICES DALU E OI007 Dated: Attorney ID 22487 2 West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 n , . , , CERTIFICATE OF SERVICE Yoau. Parvrvaxcvw rv,nsix>o5 I hereby certify that on the day of , 2007, I served a copy of the within and foregoing 10 Day Notice of Default, by first class mail, postage pre-paid, upon the following individuals: Charles D. Stalfire 9 Kormar Road Plymouth Meeting, PA 19462 K2 Investments, LLC 1309 Pinetown Road Fort Washington, PA 19034 Attorney for the Plaintiff r.J N C 107300068 LA W OFFICES OF RALPH F. TOUCH By: Edward J. Cermanski, Esquire Attorney I.D. No. 56278 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610 320-4663, Fax 610-320-4767 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen D. Rock and Madeleine Rock, Plaintiffs CIVIL DIVISION NO. 06-6828 V. Charles D. Stalfire and K2 Investments, LLC, Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-entitled matter on behalf of the Defendants, Charels D. Stalfire and K2 Investments, LLC. Dated: Tuesday, July 31, 2007 v J. Cermanski, Esquire Atto y for Defendants JURY TRIAL DEMANDED PANEL OF TWELVE JURORS REQUESTED CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the ENTRY OF APPEARANCE upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: By first-class, United States mail, postage prepaid: Dale E. Anstine, Esquire Dale E. Anstine, P.C. 2 West Market Street York, PA 17405 Attorney for Plaintiffs Dated: Tuesday, July 31, 2007 E: Cermanski, Esquire Atto y for Defendants c CD aa. > c-. ra prn ca ttL3 -?C I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN D. ROCK and MADELEINE ROCK Plaintiff, V. CHARLES D. STALFIRE and K2 INVESTMENTS, LLC Defendants. NO. 06-6828 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: PLEASE REINSTATE THE ABOVE-CAPTIONED COMPLAINT. knstine, Est (I. D. for the Plaintiff ?Aw oF???E= of DALN l'nsx. Pemmsv.vwxx> i?a?3 Dated: R"2 -07 ° '?- C v- ?O Q TIUS._: A r ? LT Y.A. -,,Fn 04 --- -? -?G CF? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06828 P CQMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROCK STEPHEN D ET AL VS STALFIRE CHARLES D ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: K2 INVESTMENTS LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 20th , 2007 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 33.00 Postage 1.33 71.33 r' 08/20/2007 DALE ANSTINE So answer R.- Thomas -K1 ' e Sheriff of Cumberland County 711ale-7 Sworn and subscribe to before me this day of A. D. r v The Court of Common Pleas of Cumberland County, Pennsylvania e Stephen D. Rock et al vs. Charles D. Stalfire et al 06-6828 civil SERVE : K2 Investments LLC No. Now, August 7, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now,./ A u6c)-51 , 20 0 , at V? rd o'clock M. served the within upon at A 5- by handing to a and made known to So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this day of , 20 T //V, kr.1/1 i copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT SHERIFF'S RETURN PROTHONOTARY D- 2895 DEFENDANT: K2 Investments LLC DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Paul Tholey RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: 08-14-07 @ 11:50 LOCATION: 3036 Mount Carmel Ave., Glenside, PA The above document was served on the defendant as per information listed above in the County of Montgomery, Commonwealth of Pennsylvania. Affirmed and subscribed before me on this day so answers. 08-15-07 John P. Durante tary Public _ Sheriff of Montgomery County Deputy Sheriff Bono r- N rgRlh[ SEll ??TRI04 GtaMR?, ?n? raw RlSrpyyry 8G??p?? MV C'e. LA W OFFICES OF RALPH F. TOUCH By: Edward J. Cermanski, Esquire Attorney I.D. No. 56278 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610 320-4663, Fax 610-320-4767 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen D. Rock and Madeleine Rock, ) CIVIL DIVISION Plaintiffs ) NO. 06-6828 V. ) Charles D. Stalfire and K2 Investments, LLC, } Defendants ) NOTICE TO PLEAD To Plaintiffs: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against a,j Edward J. Cermanski Attorney for Defendant LAW OFFICES OF RALPH F. TOUCH By: Edward J. Cermanski, Esquire Attorney I.D. No. 56278 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610 320-4663, Fax 610-320-4767 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen D. Rock and Madeleine Rock, ) CIVIL DIVISION Plaintiffs ) NO. 06-6828 V. ) Charles D. Stalfire and K2 Investments, LLC, ) Defendants ) DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, come the Defendants, Charles D. Stalfire and K2 Investments, LLC, by and through their attorney, Edward J. Cermanski of the Law Offices of Ralph F. Touch, and answers the Plaintiffs' Complaint as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted upon information and belief. 5. Admitted. 6. Admitted. 7. Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 8. Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 9. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. 10. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. COUNT I Stephen Rock v. Charles D. Stalfire 11. Answering Defendants hereby incorporate by reference prior paragraphs 1 through 10 above as though more fully set forth hereinafter. 12. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. 13. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 14. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 15. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 16. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. WHEREFORE, Answering Defendants demand judgment be entered in their favor and against Plaintiffs, and thus prays that Plaintiffs' Complaint be dismissed with prejudice. COUNT II Stephen Rock v. KZ Investments, LLC 17. Answering Defendants hereby incorporate by reference prior paragraphs 1 through 16 above as though more fully set forth hereinafter. 18. Admitted. 19. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. WHEREFORE, Answering Defendants demand judgment be entered in their favor and against Plaintiffs, and thus prays that Plaintiffs' Complaint be dismissed with prejudice. COUNT III Madeleine Rock v. Charles Stalfire and K2 Investments, LLC 20. Answering Defendants hereby incorporate by reference prior paragraphs 1 through 18 above as though more fully set forth hereinafter. 21. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendants are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. WHEREFORE, Answering Defendants demand judgment be entered in their favor and against Plaintiffs, and thus prays that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 22. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 23. Plaintiffs' Complaint is barred by the applicable Statute of Limitations. 24. Answering Defendants were not negligent. 25. Any acts or omissions of Answering Defendants allege to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by Plaintiffs. 26. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiffs. 27. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by the Answering Defendants. 28, Plaintiffs have failed to properly mitigate their damages. 29. Plaintiffs have failed to properly mitigate their damages. 30. Answering Defendants at all times acted reasonably, prudently, properly, conscientiously and with the fullest due care. WHEREFORE, Answering Defendants demand judgment be entered in their favor and against Plaintiffs, and thus prays that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, LAW OFFICES OF RALPH F. TOUCH 11-117 Edward J. Ce ld Attorney for Defendant VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire investigative file made on behalf of said party or parties, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 PA C.S.A. SECTION 4904 relating to unsworn falsification to authorities. The Verification of the attorney is being attached hereto because the Verification of the Defendant(s) cannot be obtained in the time allowed for filing of the subject pleading with the Court. The executed Verification of the Defendant(s) will be filed as soon as it is obtained. Date: September 7, 2007 a o A. Swan f ar J. Cerman i Attv for Defendants CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the foregoing document(s) upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: By first-class mail, postage prepaid: Dale E. Anstine, Esquire Dale E. Anstine, P.C. 2 West Market Street York, PA 17405 Attorney for Plaintiffs Dated: 7/710 7 Edward J. CennanWi, Esquire Attorney for Defendants 107300068/Cermanski 7 C3 W V'o LA W OFFICES OF RALPH F. TOUCH By: Edward J. Cermanski, Esquire Attorney I.D. No. 56278 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610 320-4663, Fax 610-3204767 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen D. Rock and Madeleine Rock, Plaintiffs CIVIL DIVISION NO. 06-6828 V. Charles D. Stalfire and K2 Investments, LLC, Defendants PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the original signed verification of K2 Investments, LLC for the verification of counsel filed with the ANSWER AND NEW MATTER. Edw . Cermanski, Esquire 107300068 r r 107300068 SEP 2 4 2W7 VERIFICATION I, ?l?,l ??" Ior K2 Investments, LLC, hereby verify that the statements made in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my personal knowledge or information and belief. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge and information is sufficient to form a belief that one or more of them is true although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my verification is made upon the advice of counsel, upon whom I have relied in the filing of this document. This Verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relative to unsworn falsifications to authorities. Dated: ` ?? ?? CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the PRAECIPE TO SUBSTITUTE VERIFICATION upot all parties, their attorneys or representatives, by first-class, United States mail, postage yreuaid, addressed as follows: Dale E. Anstine, Esquire Dale E. Anstine, P.C. 2 West Market Street York, PA 17405 Attorney for Plaintiffs Dated: Monday, September 24, 2007 Ed J. Cermanski, Esquire Att ey for Defendants 107300068 "S F'i't i t'? ?1 V LAW OFFICES OF RALPH F. TOUCH By: Edward J. Cermanski, Esquire Attorney I.D. No. 56278 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610 320-4663, Fax 610-320-4767 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen D. Rock and Madeleine Rock, Plaintiffs CIVIL DIVISION NO. 06-6828 V. Charles D. Stalfire and K2 Investments, LLC, Defendants PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: f Kindly substitute the original signed verification of K2 Investments, LLC for the verification of counsel filed with the DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPALINT. 107300068 ), 4===-= E and Cermanski, Esquire 107300068 R . VERIFICATION I, ? 1111A%I-I& -' Charles Stalfire, hereby verify that the statements made in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my personal knowledge or information and belief. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge and information is sufficient to form a belief that one or more of them is true although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my verification is made upon the advice of counsel, upon whom I have relied in the filing of this document. This Verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relative to unsworn falsifications to authorities. Dated: Charles Stalfire CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the PRACIPE TO SUBSTITUTE VERIFICATION upon all parties, their attorneys or representatives, by first-class, United States mail, postaize prepaid addressed as follows: Dale E. Anstine, Esquire Dale E. Anstine, P.C. 2 West Market Street York, PA 17405 Attorney for Plaintiffs Dated: October 2, 2007 E ward J anski, Esquire Attorne for Defendants 107300068 ? ? ?1 .,". ..5 _,,,,? ??,i? -` -'-i CAS ?? f ..) t" IN THE MATTER OF: STEPHEN D. ROCK K2 INVESTMENT CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA yr PURSUANT TO RULE 4009.22 y COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-6828 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PHILIP C. KEIDEL, III, 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: 05/08/2008 Cg behalf KEIDEL, lII, SQ% Attorney for DEFENDANT R1.50S 133-H DE11-0749784 73543-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: STEPHEN D. ROCK -VS- K2 INVESTMENT [ Note: see enclosed list of locations TERM, CASE NO: 06-6828 TO: DALE E. ANSTINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of PHILIP C. KEIDEL, III, 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: 04/18/2008 CC: PHILIP C. KEIDEL, III, ESQ. - 107300068 Any questions regarding this matter, contact COURT OF COMMON PLEAS MCS on behalf of PHILIP C. KEIDEL, III, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 11.50S 133-H DR02-0391074 73543-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR.. ERNEST CHARLESWORTH MADEIRA CHIROPRACTIC DRS. CARUSO AND COLLINS CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CENTER FOR PAIN MANAGEMENT WASHINGTON COUNTY HOSPITAL WASHINGTON COUNTY HOSPITAL SPRINT CORPORATE HEADQUARTERS SSA-DISABILITY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY EMPLOYMENT DISABILITY FILE t1.50S 133-H DE02-0391074 73543-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEPHEN D. ROCK VS. K2 INVESTMENT File No. 06-6828 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR ERNEST ARi F WORTH (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 ATTACMD RIDER**** at The M CS Qm ,n 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: PHILIP C. KEIDEL. III. ESQ. ADDRESS: 401 PENN STREET SUITE 100 READING. PA 19601 TELEPHONE: (2115) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Pro notary/ toil Ylvision Date: Deputy Seal of the Court 73543-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. ERNEST CHARLESWORTH 375 FLORAL AVENUE CHAMBERSBURG, PA 17201 RE: 73543 STEPHEN D. ROCK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING ANY AND ALL DIAGNOSTIC STUDIES Entire medical and x-ray file, including but not limited to any and all records, correspondence to and from the treating and consulting physicians, files, memoranda, handwritten notes, history and physical reports, x-ray films and reports, medication/prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, care or treatment pertaining to: Dates Requested: from: 01-01-1949 to the present. Subject z STEPHEN D. ROCK 362 W. KING STRB$T, CHAM ERSSURG, PA 17201 Social Security #: XXX-XX-1535 Date of Birth: 05-02-1949 R1.61 116-H SUIO-0730234 73543-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: STEPHEN D. ROCK -VS- K2 INVESTMENT COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-6828 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PHILIP C. KEIDEL, III, 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: 05/08/2008 MP on Peh? f'Ktir? P L I P4. KEIDEL, III, ES . Attorney for DEFENDANT R1.50S 133-H DE11-0749785 73543-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: STEPHEN D. ROCK -VS- K2 INVESTMENT COURT OF COMMON PLEAS TERM, CASE NO: 06-6828 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DALE E. ANSTINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of PHILIP C. KEIDEL, III, 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: 04/18/2008 CC: PHILIP C. KEIDEL, III, ESQ. - 107300068 Any questions regarding this matter, contact MCS on behalf of PHILIP C. KEIDEL, III, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 21.505 133-H D1902-0391074 73543-COl >>> LOCATION LIST «< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR, ERNEST CHARLESWORTH MADEIRA CHIROPRACTIC DRS. CARUSO AND COLLINS CHAMBERSEURG HOSPITAL CHAMBERSBURG HOSPITAL CENTER FOR PAIN MANAGEMENT WASHINGTON COUNTY HOSPITAL WASHINGTON COUNTY HOSPITAL SPRINT CORPORATE HEADQUARTERS SSA-DISABILITY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X'-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY EMPLOYMENT DISABILITY FILE 1.50S 133-H DE02-0391074 73543-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEPHEN D. ROCK VS. File No. 06-6828 K2 INVESTMENT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for__ MADEIRA C.HIROP AC'TI (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 M Ca= 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: PHILIP C. KEIDEL. III. E ADDRESS: 401 PFNN STRFFT TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: ??Zze 10U-h - P thonotary , tvi ivision Date: Deputy Seal of the Court 73543-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MADEIRA CHIROPRACTIC 405 PHOENIX DR UNIT A CHAMBERSBURG. PA 17201 RE: 73543 STEPHEN D. ROCK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING ANY AND ALL DIAGNOSTIC STUDIES AND ANY AND ALL RECORDS FROM DR. DARREN ESHBAUGH. Entire medical and x-ray file, including but not limited to any and all records, correspondence to and from the treating and consulting physicians, files, memoranda, handwritten notes, history and physical reports, x-ray films and 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, consultation, care or treatment pertaining to: Dates Requested: from: 01-01-1949 to the present. Subject : STEPHEN D. ROCK 362 W. KING STREET, CHAMBERSBURG, PA 17201 Social Security #: XXX-XX-1535 Date of Birth: 05-02-1949 R1.50S 133-H SU10-0729750 73543-LO2 IN THE MATTER OF: STEPHEN D. ROCK K2 INVESTMENT CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA l- PURSUANT TO RULE 4009.22 1 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS - CASE NO: 06-6828 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PHILIP C. KEIDEL, III, 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: 05/08/2008 MCS o behalf of HILIP C. KEIDEL, ?II, ESQ. Attorney for DEFENDANT R1.50S 133-H DE11-0749786 73543-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: STEPHEN D. ROCK -VS- K2 INVESTMENT COURT OF COMMON PLEAS TERM, CASE NO: 06-6828 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations 1 TO: DALE E. ANSTINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of PHILIP C. KEIDEL, III, 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: 04/18/2008 CC: PHILIP C. KEIDEL, III, ESQ. - 107300068 Any questions regarding this matter, contact MCS on behalf of PHILIP C. KEIDEL, III, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215),246-0900 21.50S 133-H D802-0391074 73543-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR. ERNEST CHARLESWORTH MEDICAL RECORDS & XRAYS MADEIRA CHIROPRACTIC MEDICAL RECORDS &.XRAYS DRS. CARUSO AND COLLINS MEDICAL RECORDS & XRAYS CHAMBERSBURG HOSPITAL MEDICAL RECORDS CHAMBERSBURG HOSPITAL X'-RAY ONLY CENTER FOR PAIN MANAGEMENT MEDICAL RECORDS & XRAYS WASHINGTON COUNTY HOSPITAL MEDICAL RECORDS WASHINGTON COUNTY HOSPITAL X-RAY ONLY SPRINT CORPORATE HEADQUARTERS EMPLOYMENT SSA-DISABILITY DISABILITY FILE 1.50S 133-H DE02-0391074 73543-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEPHEN D. ROCK VS. K2 INVESTMENT File No. 06-6828 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DRS C R O O 1N (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 ATTA HED RIDER **** at - The MCS GMW- Inc.- 1601 MarkQ1 St= Suite 800- PhiladelDhia, 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: PHILIP C. KEIDEL. III. ESQ_ ADDRESS: 401 PENN STREET SUITE 100 READING. PA 19601 TELEPHONE: 1215)_ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Pro notar y /Con Date : '! 11 26Q8 Deputy Seal of the Court 73543-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DRS. CARUSO AND COLLINS 757 NORLAND AVENUE CHAMBERSBURG, PA 17201 RE: 73543 STEPHEN D. ROCK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other-providers. INCLUDING ANY AND ALL DIAGNOSTIC STUDIES Entire medical and x-ray file, including but not limited to any and all records, correspondence to and from the treating and consulting physicians, files, memoranda, handwritten notes, history and physical reports, x-ray films and 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, consultation, care or treatment pertaining to: Dates Requested: from: 01-01-1949 to the present. Subject : STEPHEN D. ROCK 362 W. KING STREET, CHAMBERSBURG, PA 17201 Social Security #: XXX-XX-1535 Date of Birth: 05-02-1949 R1.50S 133-H SU10-0729752 73543-LO3 IN THE MATTER OF: STEPHEN D. ROCK K2 INVESTMENT CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA , PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -vs- CASE NO: 06-6828 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PHILIP-C. KEIDEL, III, 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: 05/08/2008 M S op behalf of r fLI Pk ?./ ? Attorney for DEFENDANT R1.50S 133-H DE11-0749787 73543-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF : STEPHEN D. ROCK -VS- K2 INVESTMENT COURT OF COMMON PLEAS TERM, CASE NO: 06-6828 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: DALE E. ANSTINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of PHILIP C. KEIDEL, III, 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: 04/18/2008 CC:, PHILIP C. KEIDEL, III, ESQ. - 107300068 Any questions regarding this matter, contact MCS on behalf of PHILIP C. KEIDEL, III, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.50S 133-H DE02-0391074 73543-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR, ERNEST CHARLESWORTH MADEIRA CHIROPRACTIC DRS. CARUSO AND COLLINS CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CENTER FOR PAIN MANAGEMENT WASHINGTON COUNTY HOSPITAL WASHINGTON COUNTY HOSPITAL SPRINT CORPORATE HEADQUARTERS SSA-DISABILITY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY EMPLOYMENT DISABILITY FILE R1.50S 133-H DE02-0391074 73543-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEPHEN D. ROCK VS. K2 INVESTMENT File No. 06-6828 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHAMBERSBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS =M Inc., 1601 Market Street. cite 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: PHILIP C. KEIDEL. III. ESQ. ADDRESS: 401 PENN STREET _SUITE 100 READING. PA 19601 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Pro onotary/Cler 'vil D' 'sion Date: j Deputy Seal of the Court 73543-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL MEDICAL RECORDS 112 N. 7TH STREET CHAMBERSBURG, PA 17201 RE: 73543 STEPHEN D. ROCK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. 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: from: 01-01-1949 to the present. Subject : STEPHEN D. ROCK 362 w. KING STREET, CHAMBERSBURG, PA 17201 Social Security #: 175-40-1535 Date of Birth: 05-02-1949 R1.50S 133-H SU10-0729754 73543-LO4 IN THE MATTER OF: STEPHEN D. ROCK K2 INVESTMENT CERTIFICATE t?' ?A r?y PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-6828 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PHILIP C. KEIDEL, III, 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: 05/08/2008 W ?eh?.lf o PHILNc' . K EIDEL III ESQ. Attorney for DEFENDANT R1.50S 133-H DE11-0749788 73543-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF : STEPHEN D. ROCK -VS- K2 INVESTMENT COURT OF COMMON PLEAS TERM, CASE NO: 06-6828 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: DALE E. ANSTINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of PHILIP C. KEIDEL, III, 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: 04/18/2008 CC: PHILIP C. KEIDEL, III, ESQ. - 107300068 Any questions regarding this matter, contact MCS on behalf of PHILIP C. KEIDEL, III, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.50S 133-H DE02-0391074 73543-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR. ERNEST CHARLESWORTH MADEIRA CHIROPRACTIC DRS. CARUSO AND COLLINS CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CENTER FOR PAIN MANAGEMENT WASHINGTON COUNTY HOSPITAL WASHINGTON COUNTY HOSPITAL SPRINT CORPORATE HEADQUARTERS SSA-DISABILITY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY EMPLOYMENT DISABILITY FILE R1.50S 133-H DE02-0391074 73543-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEPHEN D. ROCK VS. K2 INVESTMENT File No. 06-6828 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for A RSB TR HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS roan, Inc., 1601 Market Street, Suite 800,Phijadglphia,_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: PHILIP C. KEIDEL. III. ESQ. ADDRESS: 401 PENN STREET SUITE 100 READING. PA 19601 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Pr onotary/C vil vision Date: L (L Deputy Seal of the Court 73543-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL RADIOLOGY DEPARTMENT 112 N. 7T1 I STREET CHAMBERSBURG, PA 17201 RE: 73543 STEPHEN D. ROCK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING ANY AND ALL DIAGNOSTIC STUDIES Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: from: 01-01-1949 to the present. Subject : STEPHEN D. ROCK 362 w. KING STREET, CHAMBERSBURG, PA 17201 Social Security #: 175-40-1535 Date of Birth: 05-02-1949 R1.50S 133-H SU10-0729756 73543-LO5 CERTIFICATE IN THE MATTER OF: STEPHEN D. ROCK K2 INVESTMENT A n PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 C1 tlJ COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-6828 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PHILIP C. KEIDEL, III, 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: 05/08/2008 MCS on behalf ot PHILIP C: I L, II, E Q. Attorney for DEFENDANT R1.50S 133-H DE11-0749789 73543-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: STEPHEN D. ROCK -VS- K2 INVESTMENT COURT OF COMMON PLEAS TERM, CASE NO: 06-6828 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DALE E. ANSTINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of PHILIP C. KEIDEL, III, 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: 04/18/2008 CC: PHILIP C. KEIDEL, III, ESQ. - 107300068 Any questions regarding this matter, contact MCS on behalf of PHILIP C. KEIDEL, III, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 I R1.50S 133-H DE02-0391074 73543-CO1 > LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR. ERNEST CHARLESWORTH MADEIRA CHIROPRACTIC DRS. CARUSO AND COLLINS CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CENTER FOR PAIN MANAGEMENT WASHINGTON COUNTY HOSPITAL WASHINGTON COUNTY HOSPITAL SPRINT CORPORATE HEADQUARTERS SSA-DISABILITY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY EMPLOYMENT DISABILITY FILE R1.50S 133-H DE02-0391074 73543-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEPHEN D. ROCK VS. K2 INVESTMENT File No. 06-6828 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CENTER FOR PAIN MANAGEMENT_ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group, Inc., 1601 Market Street. Suite 800. Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry 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: PHILIP C. KEIDEL. III. ES ADDRESS: 401 PENN STREET TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C T: Proth notary/Cle sion Date: Pa., L I i ` 2,06 Deputy Seal of the Court 73543-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTER FOR PAIN MANAGEMENT 1150 PROFESSIONAL COURT SUITE P HAGERSTOWN, MD 21740 RE: 73543 STEPHEN D. ROCK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING ANY AND ALL DIAGNOSTIC STUDIES AND DR. EL MOHANDES RECORDS. Entire medical and x-ray file, including but not limited to any and all records, correspondence to and from the treating and consulting physicians, files, memoranda, handwritten notes, history and physical reports, x-ray films and 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, consultation, care or treatment pertaining to: Dates Requested: from: 01-01-1949 to the present. Subject : STEPHEN D. ROCK 362 W. RING STREET, CHAMBERSBURG, PA 17201 Social Security #: EES-EZ-1535 Date of Birth: 05-02-1949 R1.61 116-H SU10-0730236 73543-LO6 CERTIFICATE IN THE MATTER OF: STEPHEN D. ROCK K2 INVESTMENT PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 C COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-6828 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PHILIP C. KEIDEL, III, 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: 05/08/2008 xI 40behalf of JW9? PC. KEIDEL, III, ESQ. Attorney for DEFENDANT R1.50S 133-H DE11-0749790 73543-LO7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF : STEPHEN D. ROCK _VS_ K2 INVESTMENT COURT OF COMMON PLEAS TERM, CASE NO: 06-6828 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: DALE E. ANSTINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of PHILIP C. KEIDEL, III, 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: 04/18/2008 CC: PHILIP C. KEIDEL, III, ESQ. - 107300068 Any questions regarding this matter, contact MCS on behalf of PHILIP C. KEIDEL, III, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.50S 133-H D802-0391074 73543-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR, ERNEST CHARLESWORTH MADEIRA CHIROPRACTIC DRS. CARUSO AND COLLINS CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CENTER FOR PAIN MANAGEMENT WASHINGTON COUNTY HOSPITAL WASHINGTON COUNTY HOSPITAL SPRINT CORPORATE HEADQUARTERS SSA-DISABILITY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY EMPLOYMENT DISABILITY FILE .1.50S 133-H DE02-0391074 73543-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEPHEN D. ROCK VS. K2 INVESTMENT File No. 06-6828 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WASHINGTON COUNTY HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS CiMm, 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: PHILIP C. KEIDEL. M. E ADDRESS: 401 PENN STRFFT TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C URT: Proth notary/Cl sion Deputy Date: Seal of the Court 73543-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WASHINGTON COUNTY HOSPITAL MEDICAL RECORDS 251 E. ANTIETAM ST. HAGERSTOWN, MD 21740 RE: 73543 STEPHEN D. ROCK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. 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: from: 01-01-1949 to the present. Subject : STEPHEN D. ROCK 362 W. KING STREET, CHAMBERSBURG, PA 17201 Social Security #: 175-40-1535 Date of Birth: 05-02-1949 R1.50S 133-H SU10-0729760 73543-L07 IN THE MATTER OF: STEPHEN D. ROCK K2 INVESTMENT CERTIFICATE ?PREREQUISITE TO SERVICE OF A SUBPOENA wwn? PURSUANT TO RULE 4009.22 J COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-6828 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PHILIP C. KEIDEL, III, 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: 05/08/2008 MCS on behalf ofi 0 ?. PHILIP C. KEIDEL, III, E Q. Attorney for DEFENDANT R1.50S 133-H DE11-0749791 73543-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF : STEPHEN D. ROCK -VS- K2 INVESTMENT TERM, CASE NO: 06-6828 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations l TO: DALE E. ANSTINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of PHILIP C. KEIDEL, IIi, 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: 04/18/2008 CC: PHILIP C. KEIDEL, III, ESQ. - 107300068 Any questions regarding this matter, contact COURT OF COMMON PLEAS MCS on behalf of PHILIP C. KEIDEL, III, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.50S 133-H D802-0391074 73543-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR, ERNEST CHARLESWORTH MADEIRA CHIROPRACTIC DRS. CARUSO AND COLLINS CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CENTER FOR PAIN MANAGEMENT WASHINGTON COUNTY HOSPITAL WASHINGTON COUNTY HOSPITAL SPRINT CORPORATE HEADQUARTERS SSA-DISABILITY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X'-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY EMPLOYMENT DISABILITY FILE R1.50S 133-H DE02-0391074 73543-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEPHEN D. ROCK VS. K2 INVESTMENT File No. 06-6828 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WASHINGTON COUNTY HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC Troup. Inc.. 1601 Market Ctre t, 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: PHILIP C. KEIDEL. M. E ADDRESS: 401 PENN STRF.FT TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Pro notary5 1 D' sion Date: L ? Deputy Seal of the Court 73543-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WASHINGTON COUNTY HOSPITAL RADIOLOGY DEPARTMENT 251 E. ANTIETAM ST. HAGERSTOWN, MD 21740 RE: 73543 STEPHEN D. ROCK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING ANY AND ALL DIAGNOSTIC STUDIES' Any and all x-ray films and reports, 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 : STEPHEN D. ROCK 362 W. KING STREET, CHAMBERSBURG, PA 17201 Social Security #: 175-40-1535 Date of Birth: 05-02-1949 R1.50S 133-H SU10-0729762 73543-LO8 CERTIFICATE IN THE MATTER OF: STEPHEN D. ROCK K2 INVESTMENT PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-6828 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PHILIP C. KEIDEL, III, 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: 05/08/2008 eh ff4o . KEIDEL 22I ES?t Q Attorney for DEFENDANT R1.50S 133-H DE11-0749792 73543-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: STEPHEN D. ROCK -VS- K2 INVESTMENT COURT OF COMMON PLEAS TERM, CASE NO: 06-6828 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DALE E. ANSTINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of PHILIP C. KEIDEL, III, 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: 04/18/2008 CC: PHILIP C. KEIDEL, III, ESQ. - 107300068 Any questions regarding this matter, contact MCS on behalf of PHILIP C. KEIDEL, III, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 I R1.50S 133-H D902-0391074 73543-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR, ERNEST CHARLESWORTH MADEIRA CHIROPRACTIC DRS. CARUSO AND COLLINS CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CENTER FOR PAIN MANAGEMENT WASHINGTON COUNTY HOSPITAL WASHINGTON COUNTY HOSPITAL SPRINT CORPORATE HEADQUARTERS SSA-DISABILITY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY EMPLOYMENT DISABILITY FILE R1.50S 133-H DE02-0391074 73543-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEPHEN D. ROCK VS. K2 INVESTMENT File No. 06-6828 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SPRINT CORPORATE HEADQUARMS (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 11DF.R **** at The MC EQW- Inc__ 1601 M k Street Suite 800, P iladejpliaPA 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: PHILIP C. KEIDEL. III. ESO ADDRESS: 401 PENN STREET _SUITE 100 READING. PA 19601 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C URT: Proth notary/Cl11 D' 'sion Date: Deputy Seal of the Court 73543-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SPRINT CORPORATE HEADQUARTERS 2001 EDMUND HALLEY DRIVE RESTON, VA 20191 RE: 73543 STEPHEN D. ROCK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING WORKERS COMPENSATION RECORDS Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: from: 01-01-1949 to the present. Subject : STEPHEN D. ROCK 362 W. KING STREET, CHAMBERSBURG, PA 17201 Social Security #: XXX-XX-1535 Date of Birth: 05-02-1949 R1.50S 133-H SU10-0729764 73543-L09 IN THE MATTER OF: STEPHEN D. ROCK K2 INVESTMENT CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA C T& PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-6828 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PHILIP C. KEIDEL, III, 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. of - PA e, ? DATE: 05/08/2008 HILIP C. KEIDEL, III, ESQ. Attorney for DEFENDANT R1.50S 133-H DE11-0749793 73543-LlO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF : STEPHEN D. ROCK -VS- K2 INVESTMENT COURT OF COMMON PLEAS TERM, CASE NO: 06-6828 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DALE E. ANSTINE, ESQ., PLAINTIFF COUNSEL MCS on behalf of PHILIP C. KEIDEL, III, 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: 04/18/2008 CC: PHILIP C. KEIDEL, III, ESQ. - 107300068 Any questions regarding this matter, contact MCS on behalf of PHILIP C. KEIDEL, III, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 21.50S 133-H DE02-0391074 73543-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED DR, ERNEST CHARLESWORTH MADEIRA CHIROPRACTIC DRS. CARUSO AND COLLINS CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CENTER FOR PAIN MANAGEMENT WASHINGTON COUNTY HOSPITAL WASHINGTON COUNTY HOSPITAL SPRINT CORPORATE HEADQUARTERS SSA-DISABILITY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY EMPLOYMENT DISABILITY FILE :1.50S 133-H DE02-0391074 73543-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STEPHEN D. ROCK VS. K2 INVESTMENT File No. 06-6828 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _ SSA-DISABILITY (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 E **** at ne MCS GmW- Inc- 1601 Market Street, Suite 800, phis. 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: PHILIP C. KEIDEL. M. ES ADDRESS: 401 PENN STREET TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Prot onotary sion Date: Deputy Seal of the Court 73543-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SSA-DISABILITY 1234 MARKET ST. 20TH FL. PHILADELPHIA, PA 19103 RE: 73543 STEPHEN D. ROCK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire disability file, including but not limited to medical reports and /or records, claims, any and all correspondence, documentation supporting plaintiff's claim, applications, 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: from: 01-01-1949 to the present. Subject : STEPHEN D. ROCK 362 W. KING STREET, CHAMBERSBURG, PA 17201 Social Security #: 175-40-1535 Date of Birth: 05-02-1949 R1.50S 133-H SU10-0729766 73543-L10 ['? Ra :?' r ? .. r ?" r :-. ? .?' x L ?> _, : - . _ ;s t.?,• ?> ? ,,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN D. ROCK and MADELEINE ROCK, Plaintiffs V. CHARLES D. STALFIRE and K2 INVESTMENTS, LLC, Defendants NO. 06-6828 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw the appearance of Dale E. Anstine, Esquire, as in the above matter. 4alstine, )wire Attorney I.D. #22487 PRAECIPE TO ENTER APPEARANCE Dae.m Lr•.?,xi4T?x A, P_ C Yoaa, Per F`?cEV xu5?s Ana To the Prothonotary: I Please enter the appearance of Thomas P. Lang, Esquire, as counsel for the Plaintiffs in the above matter. Thomas P.`Eang, Esquire Attorney I.D. #65481 2 W. Market St., P.O. Box 952 York, PA 17405 (717) 846-0606 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN D. ROCK and MADELEINE ROCK, Plaintiffs V. CHARLES D. STALFIRE and K2 INVESTMENTS, LLC, Defendants NO. 06-6828 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of October, 2008, I, Thomas P. Lang, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of the within and foregoing document by first class United States mail, postage pre-paid, addressed to the party or attorney of record as follows: Edward J. Cermanski, Esquire Law Offices of Ralph F. Touch 401 Penn Street, Suite 100 Reading, PA 19601 omas . Lansquir Attorney for Plaintiffs Dat H.H Fi^ L,vNTIINH. H?. C?. Yoaa, Paxxsrivnsiwg??ioa 2 C` t -T7 w -wrla IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen D. Rock and Madeleine Rock, Plaintiffs CIVIL DIVISION NO. 06-6828 V. Charles D. Stalfire and K2 Investments, LLC, Defendants PRAEC_ IPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above matter Settled, Discontinued and Ended with all costs paid. Respectfully Thomas P. Lang, Attorney for Plai: ftff)-t'IrHGE OF ' PROTk-#y' W)TARY 209 SEP -8 PH 12; 20 MW WUNlY I+N.TOA1!