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HomeMy WebLinkAbout02-3283KATII~ 2. GRUBBS~ Plaintiff JUSTIN SHERIFF and : JASON B/XLER, : Defendants ' : IN T~--~OURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. o,a_ 3-~3 ~.LC~ JURy TRIAL DEMANDED PRAECIPE FOR A WRIT .OF SUMM. oN~s TO: CURTIS R. LONG, PROTHONOTARY Please enter my appearance on behalf of the Plaintiff,, Katie J. Gmbbs Wilson. Please issue a Writ &Summons upon the Defendants, Justin Sheriff and Jason Bixler. Please have the Sheriffserve the Defendants at the following addresses: TUS TIN SHERIFF 94 Frost Road JASON BIXLER Gardners, PA 17324 441 Pine Road Mt. Holly Springs, PA 17065 Date: July 11, 2002 Respectfully, submitted IRWIN, MeKN GHT & HES By: ~ire- St;ed l--' Carlisle, PA 170'b3.~/ (717) 249-2353 Supreme Court I.D. No 25476 To: Justin Sheriff and Jason Bixler You are hereby notified that Katie J. Grubbs Wilson, the Plaintiff, has Commenced an action against you which you are required to defend or a default judgment may be entered against you. Date: ]~ ~/ _, 2002 TRUE C9P¥ FRO;:M RECORJ~ tn Testimony whcreof, I h;re unto sat my hand and the seal of said Court at Carlisle, Pa. This ...... /[. ....... day of..~.. ................ Prothonotar~ ' KATIE J. GRUBBS WILSON, Plaintiff JUSTIN SHERIFF and JASON BIXLER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR A WRIT OF SUMMONS TO: CURTIS R. LONG, PROTHONOTARY Please enter my appearance on behalf of the Plaintiff, Katie J. Gmbbs Wilson. Please issue a Writ of Summons upon the Defendants, Justin Sheriffand Jason Bixler. Please have the Sheriff serve the Defendants at the following addresses: JUSTIN SHERIFF 94 Frost Road Gardners, PA 17324 JASON BIXLER 441 Pine Road Mt. Holly Springs, PA 17065 Date: July 11, 2002 Respectfully, submitted ~ By: I~~~S M~a.r_.c}/s _A. M~c~i_ ~ht! I/~l~FEsqul~l'e 60 West Pomf~t St~e~_~ Carlisle, PA 1{7013 / (717) 249-2353,.~/ Supreme Court IX) No 25476 To: Justin Sheriff and Jason Bixler You are hereby notified that Katie J. Grubbs Wilson, the Plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. PROTHONOTARY : IN THE COURT OF COMMON PLEAS OF KATIE J. GRUBBS WILSON, Plaintiff JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. ~ ~ -- ~ ~ : JURY TRIAL DEMANDED AMENDED PRAECIPE FOR A WRIT OF SUMMONS TO: CURTIS R. LONG, PROTHONOTARY Please enter my appearance on behalf of the Plaintiff, Katie J. Grubbs Wilson. Please issue a Writ of Summons upon the Defendants, Justin Sheriff and Hyundai Motor America, Inc. Please have the Sheriff serve the Defendants at the following addresses: JUSTIN SHERIFF 94 Frost Road Gardners, PA 17324 HYUNDAI MOTOR AMERICA, INC. 10550 Talbot Avenue P.O. Box 20850 Fountain Valley, CA 92728-0850 Date: July 11, 2002 By: Respectfully, submitted IRWIN, Mc GHT & ES Marcus n. m, Esqn' 60 West Po~fret Street// Carlisle, P 17OlA..~~ (717) 249-235-J Supreme Court I.D. No 25476 PROT~IONOTARY ~ ~ ~ t - DEPUTY To: Justin Sheriff and Hyundai Motor America, Inc. You are hereby notified that Katie J. Grubbs Wilson, the Plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. SHERIFF'S RETURN - U.S. CASE NO: 2002-03283 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILSON KATIE J GRUBBS VS. SHERIFF JUSTIN ET AL CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,HYUNDAI MOTOR AMERICA INC , by United States Certified Mail postage prepaid, on the 12th day of July ,2002 at 0000:00 HOURS, at 10550 TALBOT AVENUE PO BOX 20850 FOUNTAIN VALLEY, CA 92728-0850 and attested copy of the attached WRIT OF SUMMONS with a true Together receipt card was signed by SIGNATURE ILLEGIBLE 07/20/2002 Additional Comments: The returned on Sheriff's Costs: Docketing 6.00 Cert Mail 4.42 Affidavit .00 Surcharge 10.00 .00 20.42 So answers: J ~ ..... ' R. Thomas Kline Sheriff of Cumberland County Paid by IRWIN MCKNIGHT HUGHES Sworn and subscr~bed to before me this P~( day of~ 3~2~ A.D. P~o~honotary on 07/30/2002 SHERIFF'S RETURN - CASE NO: 2002-03283 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILSON KATIE J GRUBBS VS SHERIFF JUSTIN ET AL REGULAR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SHERIFF JUSTIN the DEFENDANT , at 2055:00 HOURS, at 413 BOXWOOD CT MECHANICSBURG, PA 17055 on the 15th day of July , 2002 by handing to JUSTIN SHERIFF a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 8 97 00 10 00 00 36 97 Sworn and Subscribed to before me this ~2~-~ day of So Answers: R. Thomas Kline 07/30/2002 IRWIN MCKNIGHT HUGHES Depu[~ Sh~iff · Complete items 1,2, and 3. Nso complete item 4 if Restricted Delivery is desired. · print your name and address on the mveme can return the card to you... so th~ ~o~ to the back of the maltpmce, or on the front if space permits. Hyundai Motor ~nerica Inc. 10550 TalbOt Avenue A. Signature Al~gent D. is delivery address diffemnt fl°m item l? ~] No if yES, enter deliverY address below: PO BOX 20850 ~ Fountain Valley, CA 92728-0850 3. Se~iceTyp 02-3283 c~ 09 7 ~;336 700i-2510 0009 1017 ~36 .. ,025~-0¥ PS Form 3811, August 2uu ' John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Sheriff KATIE J. GRUBBS WILSON, Plaintiff VS. JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TERM : : JURY TRIAL DEMANDED DATE: 93687.1 PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Justin Sheriff, in the above-captioned matter. GOLDBERG, ~TZMAN & SHIPMAN, P.C. Joh~ R. Ni~osky, Esquir~ Attorney I.D. 78000 Attorneys for Defendant, Sheriff CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on ~ / , 2003: Marcus McKnight, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh~ R. ~in6~ky, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 11268 Harrisburg, PA 17108-1268 (717) 234.-4161 Attorneys for Defendant, Sheriff 93686.1 John R. Ninosky, Esquire I.D. 978000 GOLDBERG, KATZ~ & SHIPPU~N, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 counsel for Defendant, Sheriff KATIE J. GRUBBS WILSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TEBI~ : : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days after service hereof, or suffer judgment of non pros. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: john/~ .~ ~;no s ky, E s ~u-i%e ~/ Attorney I.D. 78000 (717) 234-4161 Attorneys for Defendant, Sheriff RULE TO: Marcus McKnight, Esquire, Irwin, McKnight & Hughes, 60 West Pomfret Street, Carlisle, PA 17013-3222 Attorneys for Plaintiff: A Rule is hereby issued upon Plaintiff to file a Complaint against Defendants within twenty (20) days of service hereof, or suffer judgment of non pros. ~~ Prothonotary ~TFf7 ~/ 93685.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on .~.~./.~/ f , 2003: Marcus McKnight, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. Jo,~h R. Ninosky, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Sheriff 93686.1 KATIE J. GRUBBS WILSON, : IN THE COURTr OF COMMON PLEAS OF Plaintiff V. JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3283 CIVIL TERM 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, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is n~uired by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KATIE J. GRUBBS WILSON, Plaintiff JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TERM : : JURY TRIAL DEMANDED COMPLAINT AND NOW, this 30th day of May, 2003, comes the Plaintiff, KATIE J. GRUBBS WILSON, by and through her attorneys, Irwin, McKnight & iHughes, and makes the following Complaint against the Defendants, JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., as follows: 1. The Plaintiff is Katie J. Gmbbs Wilson, an adult individual residing at 10 Park Street, Mount Holly Springs, Cumberland County, Pennsylvania. 17065. 2. The Defendant is Justin Sheriff, an adult individual residing at 94 Frost Road, Gardners, Pennsylvania 17324. 3. The Defendant is Hyundai Motor America, Inc., with a business address of 10550 Talbot Avenue, P. O. Box 20850, Fountain Valley, California, 92728-0850. The Plaintiff, Katie J. Grubbs Wilson, was operating her 1998 Hyundai Accent automobile on State Route 34, south of East Butler Street, Borough of Mount Holly Springs, in Cumberland County, Pennsylvania at approximately 2:00 p.m. on Thursday, July 13, 2000. 5. On Thursday, July 13, 2000, at approximately 2:00 p.m., the Plaintiff, Katie J. Grubbs Wilson, was operating her 1998 Hyundai Accent automobile on State Route 34, also know as the Baltimore Pike in Cumberland County, Pennsylvania. COUNT I KATIE J. GRUBBS WILSON~ PLAINTIFF V. JUSTIN SHERIFF~ DEFENDANT 6. The averments of paragraphs one (1) through six (6) of the Complaint are herein incorporated by reference and made a part of this Complaint. 7. The vehicle accident occurred as the Plaintiff, Katie J. Grubbs Wilson, was traveling south on State Route 3. The Defendant, Justin Sheriff, driving a 1997 Honda Civic, entered the roadway from a parking lot on the west side of State Route 34 and pulled into the path of the Plaintiff. The collision occurred as the Defendant Sheriff pulled out in front of the Plaintiff's vehicle causing a severe impact to the front of the Plaintiff's vehicle. 8. After the collision with the Plaintiff's vehicle, Defendant Sheriff's automobile continued to travel across both lanes of traffic on State Route 34 and sl~tmed into the driver's side of a parked 1998 Ford F 150 truck owned by Jason Bixler of Mount Holly Springs, Pennsylvania. 2 e. He failed to give adequate warning of the entry into the Plaintiff's lane of traffic; and f. He failed to yield to the right-of-way to the Plaintiff. 15. The negligent actions of the Defendant Sheriff, were the proximate cause of the injuries to the Plaintiff, Katie J. Grubbs Wilson. 16. The Plaintiff, Katie J. Grubbs Wilson, seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as compensation for future losses she will incur in these areas. 17. The Plaintiff, Katie J. Grubbs Wilson, seeks compensation for the medical expenses which she has incurred and may incur in the future to treat her i[njuries and lost income fi.om her work which occurred as a result of the injuries she sustained in the accident. 18. The Plaintiff, Katie J. Grubbs Wilson, also seeks compensation for the serious and permanent injuries which she has sustained to her face which has caused extensive scarring. WI-IEREFORE, the Plaintiff, Katie J. Grubbs Wilson, requests compensation and damages from the Defendant in the amount in excess of Twenty-Five Thousand and no/100 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. 4 COUNT II KATIE J. GRUBBS WILSON~ PLAINTIFF V HYUNDAI MOTOR AMERICA~ INC, 19. The averments of paragraphs one (1) through eighteen (18) of the Complaint are herein incorporated by reference and made a part of this Complaint. 20. The Defendant, Hyundai Motor America, Inc., was the manufacturer of the 1998 Hyundai Accent automobile which had been purchased by the Plaintiff, Katie J. Grubbs Wilson. 21. Said automobile came equipped with a driver-side air bag which was to protect the driver when the automobile was involved in a significant impact collisi'~on. 22. On Thursday, July 13, 2000, the 1998 Hyundai automobile was struck in the front causing severe damage. The driver-side air bag failed to deploy and was unable to protect the Plaintiff, Katie J. Grubbs Wilson from injury. 23. On July 13, 2000, the 1998 Hyundai Accent was defective in that the driver-side air bag did not deploy even though the automobile was struck from the front causing severe damage to the vehicle. 24. The Defendant, Hyundai Motor America, Inc., is strictly liable for the damages and personal injuries sustained by the Plaintiff, Katie J. Grubbs Wilson. 5 WI-IEREFORE, the Plaintiff, Katie J. Gmbbs Wilson, requests compensation and damages from the Defendant in the amount in excess of Twenty-Five Thousand and no/100 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. Date: May 30, 2003 By: Respectfully submitted, IRWIN, M~2qIGItT &~I-IUGI-IES · Mjrl~n'ght, Il, Esquire 60 West Pon~fret Street) Carlisle, Per~ylv~i~4 7013 (717) 249-235T'~ Supreme Court I.D. No. 2:5476 Attorney for plaintiff 7 VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. KATIE J. GRUBBS WlLS(}N Date: ~03 KATIE J. GRUBBS WILSON, Plaintiff JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TERM : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: John R. Ninosky, Esq. GOLDBERG, KATZMAN & SHIPMAN, P.C. P. O. Box 1268 Harrisburg, PA 17108-1268 By: IRWIN, McKNIGHT & HUGHES ~~~& t~ quire ~0a~est pA;mM~~~ ' Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: May 30, 2003 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Sheriff KATIE J. GRUBBS WILSON, Plaintiff vs. JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAMIA : : CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TERM : : JURY TRIAL DEMANDED MOTION TO COMPEL ON BEHDJ~F OF DEFEND/%NT JUSTIN SHERIFF AND NOW, comes Defendant Justin L. Sheriff, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Motion to Compel discovery by respectfully stating the following: 1. This matter arises from an automobile accident which allegedly occurred on or about July 13, 2000. 2. On April 2, 2003, the undersigned counsel forwarded Interrogatories and a Request for Production of Documents to Plaintiff for a response. Enclosed to this Motion as Exhibit A is a copy of the Interrogatories, and attached to this Motion as Exhibit B is a copy of the Request of Documents. 3. To date, no response has been filed by the Plaintiffs with regard to this discovery. states: Pennsylvania Rule of Civil Procedure 4019(a) (1) (i) The court may, on motion, make an appropriate order if a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005. o states: Pennsylvania Rule of Civil Procedure 4019(a)(1){vii) The court may, on motion, make an appropriate order if a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested. states: Pennsylvania Rule of Civil Procedure 4019(a)(1)(viii) The court may, on motion, make an appropriate order if a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. 7. Defendants' ability to adequately prepare a defense is prejudiced by the Plaintiff's failure to answer Interrogatories or to produce documents. 2 WHEREFORE, Defendants respectfully requests that this Honorable Court enter an Order compelling the Plaintiff to file complete Answers to Interrogatories and to produce documents as soon as possible. Respectfully submitted, C4DLDBERG, KATZMAlq & SHIPblA/~, P.C. Date: 99009.1 Joh/R. Nino~ky, ES~re 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants Telephone: (717) 234-4161 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on ~ ~/ , 2003: Marcus McKnight, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiffs Hyundai Motor America, Inc. 10550 Talbot Avenue P.O. Box 20850 Fountain Valley, CA 92728-0850 GOLDBERG, KATZMAN & SHIPMAN, P.C. Johm/R.~'~in6s~y, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Sheriff 93686.1 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Sheriff KATIE J. GRUBBS WILSON, Plaintiff VS. JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-3283 CIVIL TERM JURY TRIAL DEMANDED INTERROGATORIES PROPOUNDED BY DEFENDANT SHERIFF FOR ANSWER BY THE PLAINTIFF TO: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et seq., to serve upon the undersigned within thirty (30) days after service of this Notice, your Answers in writing and under oath to the following Interrogatories. ' GOLDBERG, KATZMAN & SHIPMAN, P.C. ~h~ R. Nlnosky, Esq~re 320 Market Street P.O. Box 1268 Harrisburg, Pennsylvania 17108 Attorneys for Defendant Sheriff Telephone: (717) 234-4161 SCOPE. matters subject Procedure. DEFINITIONS. INTRODUCTION -- These standard interrogatories are for use in all to Rule 4001 of the Pennsylvania Rules of Civil -- The following definitions are applicable to printed, typed, or other these standard interrogatories: "Document" means any written, graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, and audio tapes, punch cards, magnetic tapes, drums, and other data compilations from which obtained. "Identify" or "Identity" means when used (1) A natural person, his or her: {a) full name; and (b) address town, (2) report, (b) (c) phonographs, video discs, data cells, information can be in reference to: present or last known residence and employment (including street name and number, city or and state or county); A document: (a) its description (e.g., letter, memorandum, etc.), title, and date; its subject Matter; its author's Identity; 2 (3) (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; An oral communication: (a) (b) (d) its date; the place where it occurred; its substance; the identity of the person Who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; (5) any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. or STANDARD INSTRUCTIONS. -- The following instructions are applicable to these standard interrogatories: (1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. {2) Claim of privilege. -- With respect to any claim of privilege or immunity from discovery, you must identify the privilege or irmmunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. 5 Personal information. -- State: Your full name; Each other name, if any, which you have used or by which you have been known; c. The name of your spouse at the time of the accident and the date and place of your marrJ_age to such spouse; d. The address of your present residence and the address of each other residence which you have had during the past five years; eo f. g. h. i. ANSWER: Your present occupation and the name ~nd address of your employer; Date of your birth; Your Social Security number; Your military service and positions held, if any; The schools you have attended and the degrees or certificates awarded, if any. and 6 Insurance. -- If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: The name of the insurance carrier which issued the policy; The named insured under each policy and the policy number of each policy; c. The type(s) and effective date(s) of each policy; do The amount of coverage provided for i~jury to each person, for each occurrence, and in the aggregate for each policy; and e o Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, any, why you or the carrier claim the exclusion is applicable. if ANSWER: 7 3. Expenses. you have ANSWER: -- List and describe all expenses incurred because of the incident. and losses that Factual basis for cla~ and defenses. -- State with particularity the factual basis for each claim or defense you are asserting in this case. ANSWER: 9 5. Witnesses. -- a. Identify each person who i. Was a witness to the incident through sight or hearing and/or ii. Has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. bo With respect to each person so .identified, state that person's exact location and activity at the time of the incident. ANSWER: 10 o Statements. -- If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: a. The identity of such person; b o When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: 11 Reports of incident. -- Identify documents of experts subject to Pa. R.C.P. No. 4003.5) the incident or the cause thereof. (except reports which describe ANSWER: 12 Licensure be licensed for the activity in which the time of the incident, state: a. The type of license required; b. The date you first obtained such a license; c. The dates of issuance and expiration of your current license(s); e o -- If you were required by law or regulation to you were engaged at ANSWER: The identity o~ the authority that license(s); The number of your license(s); The nature and duration of any of Your license(s); The special license. issued your revocation or suspension restrictions, if any, imposed on your 13 o Criminal charqes related to incident. -- If you have been charged with any criminal violations as a result of the incident, describe the charges and identify all documents filed or served in connection with those charges. ANSWER: 14 10. Demonstrative evidence. -- If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, a. The nature or type of such item; b. The date when such item was made; d. ANSWER: state: The identity of the person that prepared or made each item; and The subject that each item represents or portrays. 15 11. Trial preparation material. -- If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5, conducted any investigations of the incident, identify: ANSWER: Each person, and the employer of each person, who conducted any investigation(s); and Ail notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. 16 12. Trial witnesses. -- Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 17 13. Expert witnesses. call as a witness expert state: -- Identify each expert you at the trial of this matter, intend to and for each The subject matter about which the expert is expected to testify; and ANSWER: The substance of the facts and opinions to which the expert is expected the testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) 18 14. Trial exhibits. -- Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: 19 15. Books, maqazines, magazine, or other such writing at a. The name of the writing; b. The author of the writing; ANSWER: etc. -- If you intend to use any book, trial, state: The publisher of the writing; The date of publication of the writing; and The identity of the custodian of the writing. 20 16. Admissions. -- If you intend to use any admission(s) party at trial, identify such admission(s). ANSWER: of a 21 17. Injuries and diseases alleqed. -- Identify all injuries or diseases that you allege you suffered as result of the incident. ANSWER: 22 18. Prior or subsequent injuries or diseases -- If, either prior to or subsequent to the incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the incident, state: a. The injury or disease you suffered; bo The date and place of any accident, if such injury or disease was caused by an accident; C · The identity of hospitals, doctors, or practitioners who rendered treatment or examination because of such injury or disease; and The identity of anyone against whom a. claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. ANSWER: 23 19. Medical treatment. -- If you received medical treatment or examination (including X-rays) because of injury or disease you suffered as a result of the incident, state: The identity of each hospital at which you were treated or examined; The date on which each such treatment or examination at a hospital was rendered, and the charge by the hospital for each; ANSWER: The identity of each doctor or practitioner by whom you were treated o~ examined; The date on which each such treatment, or examination by a doctor or practitioner was rendered, and the charge for each; and The identity of any document(s) (except reports of experts subject to Pa. R.C.P. 4003.5) regarding any medical treatment or examination, setting forth the author and date of such document(s). 24 20. Earninqs before the incident -- For the period of three years immediately preceding the date of the incident, state: The name and address of each of your employers or, if you were self-employed during any portion of that period, each of your business addresses and the name of the business while self-employed; ANSWER: The dates of commencement and termination of each of your periods of employment or self-employment; The nature of your occupation in each employment or self-employmen%; and The wage, salary, or rate of earnings, received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year. 25 21. Earninqs after the incident. -- If you have engaged in one or more gainful occupations subsequent to the date of the incident, state: a o The name and address of each of your employers or, if you were self-employed at anytime subsequent to the incident, each of your business addresses and the name of the business while self-employed; The dates of commencement and termination of each of your periods of employment or self-employment; ANSWER: The nature of ~our occupation in each employment or self-employment; The wage, salary, or rate of earnings received by you in each employment or self-emplcyment, and the amount of income from employment and self-employment for each year; and The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident and the amount of any earnings or other benefits lost by you because of such absence(s). 26 22. L{m~tation of duties and activities after the incident. -- If, as a result of this incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, state with particularity: The duties and/or activities you have been unable to perform; Co ANSWER: The periods of time you have been unable to perform; and The identity of all persons having knowledge thereof. 27 23. Substance impairment. -- If you consulted any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight hours iraraediately preceding the incident, state: ANSWER: The nature, amount, and type of item consumed; The amount of time over which consumed; The identity of any and all persons who have any knowledge as to the consumption of those items; and The identity oY the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. 28 24. Physical or mental disability -- If you were under any physical or mental disability at the time of the incident, explain the disability. ANSWER: 29 25. Motor vehicle information -- With respect to all motor vehicles involved in the incident, state: ANSWER: The identities of the owner(s) and operator(s) of vehicle; The identity of the passenger(s) in each vehicle, any; and The make, model, and year of each vehicle; each if 30 26. Motor vehicle ~m-qe. -- With respect to any vehicle you owned that was involved in the incident, state: C · The nature of any damage existin(] prior to the incident; The identity of any person who performed repairs to the vehicle following the incident; ANSWER: The total amount of the repair bill(s), or if not yet repaired, the total estimated cost of repairing the vehicle or the estimated value of the damages to the vehicle (include the identity of the person furnishing any such estimate); The date and place of last state inspection prior to the incident and identify the person making said inspection; and The nature of any defect in or problem with the vehicle and the length of time such defect or problem existed. 31 27. Motor vehicle operation. -- With respect to the vehicle you operated or in which you were a passenger, state: a o The destination and the point and time of departure of the vehicle; b. The purpose of the trip or journey in the vehicle; C o do ANSWER: The time and place of all stops and departures between the cormmencement of the trip or journey and the time of the incident; Whether the operator of the vehicle was familiar with the surrounding area of the incident; and The weather conditions at the time of the incident, including visibility and roadway conditions. 32 28. Motor vehicle accident causation. -- State in detail the manner in which you assert that the incident occurred, specifying the speed, position, direction and location of each vehicle involved during its approach to, at the time of, and immediately after the collision. ANSWER: 33 29. Have state: b. you ever been convicted of a crime? If so, please The nature of the conviction; The date of the conviction; The sentence imposed. ANSWER: Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, Joh~R. Ninosk~, Esquire Attorney I.D. 78000 320 Marke~z Street Harrisburg, PA 17108-1268 Attorneys for Defendant, Sheriff 93735. 1 34 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on ~/~. ~ , 2003: Marcus McKnight, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiffs Hyundai Motor America, Inc. 10550 Talbot Avenue P.O. Box 20850 Fountain Valley, CA 92728-0850 GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh~R.-Ninosky, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234--4161 Attorneys for Defendant, Sheriff 93686. 1 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Sheriff KATIE J. GRUBBS WILSON, Plaintiff VS. JUSTIN SHERIFF and HYUNDkI MOTOR AMERICA, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : : NO. 02-3283 CIVIL TERM : : JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCENTS OF DEFENDANT SHERIFF FOR RESPONSE BY THE PLAINTIFF TO: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff Pursuant to Pennsylvania Rules of Civil Procedure No. 4009, please submit for inspection and copying to the law offices of Goldberg, Katzman & Shipman, Pennsylvania, within thirty following: P.C., 320 Market Street, Harrisburg, (30) days from the date hereof, the 1. Ail statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to, or describing any of the events described in the Complaint. 2. Ail expert reports, opinions, summaries or other writings in your custody or control, or in the custody or control of your attorney or insurers, which relate to the subject matter of this litigation. 3. Ail documents, correspondence or other drawings, sketches, diagrams, or writings in your custody or control or in the custody or control of your attorney or insurers which relate to the subject matter of this litigation. 4. Ail documents prepared by you, or by any insurer, representative, agent, or anyone acting o~ your behalf, except your attorneys, during the investigation of the incident in question or of any of the events or allegations alleged in your Complaint. Such documents shall include any documents made or prepared up to the present time, with the exclusion of the mental impressions, conclusions, or the opinions respecting the value or merit of the claim or defense or respecting strategy or tactics. 5. Ail medical records and/or bills which you allege relate to the subject matter of this litiq[ation. 6. Ail photographs of any item or thing involved in this litigation. 4003.4. Ail of all statements as defined within Pa. R.C.P. 8. Ail statements and/or transcripts of interviews of fact witnesses obtained in this matter. 9. Ail documents identified in your Answers to any Set of Interrogatories propounded by any party to this litigation. 2 10. introduce DATE: ~/~/~ 93736.1 All documents which you intend to rely upon or at trial of this litigation. GOLDBERG, KATZMAN & SHIPMAN, P.C. JobaR. Ninos~y, Esquir~ Attorney I.D. %78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Sheriff CERTIFICATE OF SERVICE the depositing a copy of same Harrisburg, Pennsylvania, of I HEREBY CERTIFY that I served a true and correct copy of foregoing document upon all parties or counsel of record by in the United States Mail at with first-class postage prepaid on the , 2003, addressed to the following: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Attorneys for Plaintiff Hyundai Motor America, Inc. 10550 Talbot Avenue P.O. Box 20850 Fountain Valley, CA 92728-0850 GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh~ R. Ninosky, Esquire I.D.#: 78000 P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Sheriff Telephone: (717) 234-4161 93736.1 John R. Ninosky, Esquire I.D. $78000 GOLDBERG, KATZbR%N & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Sheriff KATIE J. GRUBBS WILSON, Plaintiff VS. JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TERM : : JURY TRIAL DEM3LNDED NOTICE TO THE PLAINTIFF and DEFENDANT, HYUNDAI MOTOR AMERICA, INC: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. DATE: 96798.1 GOLDBERG, ~TZMAN & SHIPMAN, P.C. Joh~ R. Nin6sky, R%'~ire Attorney I.D. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234--4161 Attorneys for Defendant, Sheriff John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Sheriff KATIE J. GRUBBS WILSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TERM : : JURY TRIAL DEMANDED /~NSW-ER WITH NEW ~TTERAND CROSSCLAIM SO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Justin Sheriff, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer with New Matter and Crossclaim to Plaintiff's Complaint by respectfully stating the following: 1. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 1 and the same are therefore denied. 2. Admitted. 3. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 3 and the same are therefore denied. 4. Denied. The averments contained in Paragraph 4 are conclusions of law and fact to which no response is required. a response is deemed to be required, the averments contained therein are specifically denied. 5. Denied. The averments contained in Paragraph 5 are conclusions of law and fact to which no response is required. a response is deemed to be required, the averments contained therein are specifically denied. If If e to Paragraphs Nos. 1 through 5 above as though fully set forth herein at length. 7. Denied. The averments contained in Paragraph 7 are conclusions of law and fact to which no response is required. a response is deemed to be required, the averments contained therein are specifically denied. COUNT I KATIE J. GRUBBS WILSON, PLAINTIFF v. JUSTIN SHERIFF, DEFENDANT Defendant incorporates herein by reference his answers If 8. Denied. The averments contained in Paragraph 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 9. Denied. The averments contained in Paragraph 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. The averments conclusions of law and If a response is deemed to be required, the averments contained therein are specifically denied. 11. Denied. The averments contained in Paragraph 11 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 12. Denied. The averments contained in Paragraph 12 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 13. Denied. The conclusions of law and contained in Paragraph 10 are fact to which no response is required. averments contained in Paragraph 13 are fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 14. Denied. Paragraph 14, through (f), is required. including Subparagraphs (a) are conclusions of law and fact to which no response If a response is deemed to be required, the averments contained therein are specifically denied. 15. Denied. The averments contained in Paragraph 15 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 16. Denied. The averments contained in Paragraph 16 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 17. Denied. The averments contained in Paragraph 17 are conclusions of law and fact to which no response is required. a response is deemed to be required, the averments contained therein are specifically denied. 18. Denied. The averments contained in Paragraph 18 are conclusions of law and fact to which no response is required. a response is deemed to be required, the averments contained therein are specifically denied. If If WHEREFORE, the Defendant, Justin Sheriff, respectfully requests that Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in his favor. COUNT II KATIE J. GRUBBS WILSON, PLAINTIFF v. HYUNDAI MOTOR AMERICA, INC., DEFENDANT 19. Defendant, Justin Sheriff, incorporates herein by reference his answers to Paragraphs Nos. 1 through 18 above as though fully set forth herein at length. 20. Denied. After reasonable investigation the Defendant, Justin Sheriff, is without sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 20 and the same are therefore denied. 21. Denied. The averments contained in Paragraph 21 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 22. Denied. The averments contained in Paragraph 22 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 23. Denied. The averments contained in Paragraph 23 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 24. The allegations contained in this paragraph are directed at a party other than the answering Defendant. Therefore, no response by the answering D~fendant is required. 25. Denied. The averments contained in Paragraph 25 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 26. Denied. The averments contained in Paragraph 26 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 27. The allegations contained in this paragraph are directed at a party other than the answering Defendant. Therefore, no response by the answering Defendant is required. 28. Denied. The averments contained[ in Paragraph 28 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 29. Denied. The averments contained in Paragraph 29 are conclusions of law and fact to which no response is required. a response is deemed to be required, the averments contained therein are specifically denied. 30. Denied. The averments contained in Paragraph 30 are conclusions of law and fact to which no response is required. a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Defendant, Justin Sheriff, respectfully requests that Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in his favor. If If NEW MATTER 31. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 32. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 33. Plaintiff's claims may be limited and/or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. ~1705 et seq. 7 34. That if it should be found that there was any negligence on the part of the answering Defendant, which negligence is expressly denied, any such negligence was not a cause of the damages allegedly sustained by the proximate Plaintiff. 35. 36. This accident may have been unavoidable. That if the Plaintiff suffered ~she injuries alleged in her Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiff and to recover in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 37. Plaintiff may have assumed the risk of her injuries. WHEREFORE, the Defendant, Justin Sheriff, respectfully requests that Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in his favor. 38. alleged in her Complaint, NEW MATTER PURSUANT TO Pa. R.C.P. 2252(d) Justin Sheriff v. Hyundai Motor America, Inc. If Plaintiff suffered the injuries and damages as those injuries and damages were caused 8 in whole in part by the negligence of Defendant Hyundai Motor America, Inc. 39. In the event that Plaintiff's cause of action, denied, Defendant Hyundai Motor America, Inc., must be found liable over to Defendant Sheriff or jointly and severally liable Defendant Sheriff is found liable on which liability is specifically demands judgment Defendant Hyundai Motor with Defendant Sheriff. WHEREFORE, Defendant, Justin Sheriff, demands judgment in his favor and against in the event Defendant or jointly America, Inc. Further, Defendant Sheriff demands, he is found liable on Plaintiff's cause of action, Hyundai Motor America, Inc., be liable over to him, and severally liable with him. 96795.1 Respectfully submitted, GOLDBERG, KATZMAN & SHIP~J~N, P.C. Joh~ R. Ni~os'ky, ~/re Attorney I.D. 78000 320 Market Street P.O. Box 1268 Harrisburg,. PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Sheriff VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(¢) John R. Ninosky, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Jo~ R. Ninosky ~ DATE: 83354.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, ~ 50 , 2003: Pennsylvania, on 0 Marcus McKnight, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiffs Hyundai Motor America, Inc. 10550 Talbot Avenue P.O. Box 20850 Fountain Valley, CA 92728-0850 GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Sheriff 93686.1 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, ~3tTZPUIN & SHIPSim_N, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Sheriff KATIE J. GRUBBS WILSON, Plaintiff vs. JUSTIN SHERIFF and HYUNDAI MOTOR B/~ERICA, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TERM : JURY TRIAL DEMANDED ORDER AND NOW, this day of /~f.~ , 2003, upon consideration of Defendant, Justin L. Sheriff's Motion to Compel, and Plaintiff's response thereto if any, it is hereby ordered that Defendant's Motion is GRANTED. Plaintiff is hereby Ordered to pr_o~ride nnmplete _~_~_swers to !ntcrrog=-tofies .... to ~nnnm~nf~ within 30 days of this Order. Failure to comply with this Order will result in sanctions pursuant to Pennsylvania Rule of Civil Procedure 4001.9. BY THE COURT: John R. Ninosky, Esquire I.D. #7800O GOLDBERG, BL~TZ~%N & SHIPP~%N, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Sheriff KATIE J. GRUBBS WILSON, Plaintiff VS. JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA/~IA : CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TERM : : JURY TRI~L DF/WJUNDED ORDER AND NOW, this day of , 2003, upon consideration of the Motion for Sanctions of Defendant, Justin Sheriff, and Plaintiff's response thereto, if any, it is hereby ordered that Defendant's Motion is GPJ~NTED. A Judgment of Non Pros is hereby entered against the Plaintiff. Further, Plaintiff is hereby ordered to reimburse Defendant, Justin Sheriff in the amount of for reasonable attorneys' fees expended in pursuing discovery motions. Payment of the attorneys' fees and expenses is required within__ days of this Order. BY THE COURT: John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZ~%N & SHIPMAN, P.C. 320 Market Street P. O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Sheriff KATIE J. GRUBBS WILSON, Plaintiff VS. JUSTIN SHERIFF and HYUNDAI MOTOR i~qERICA, INC., Defendants IN THE COURT OF CO~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TERM : : JURY TRIAL DF/4A_NDED MOTION FOR SANCTIONS PURSUANT TO Pa. R.C.P. 4019 OF DEFENq)ANT JUSTIN SHERIFF AND NOW, comes Defendant, Justin L. Sheriff, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Motion for Sanctions pursuant to Pa. R.C.P. 4019 by respectfully stating the following: 1. This matter arises from an automobile accident which allegedly occurred on or about July 13, 2000. 2. On April 2, 2003, the undersigned counsel forwarded Interrogatories and a Request for Production of Documents to Plaintiff for a response. 3. After receiving no response to the above-referenced discovery, Defendant filed a Motion to Compel on August 1, 2003. 4. On August 6, 2003, Defendant's Motion to Compel. hereto 5. Judge Hess entered an Order granting A copy of tire Order is attached as Exhibit "A". The undersigned counsel served a copy of the Order upon opposing counsel via certified mail. Opposing counsel received the Order on August 12, 2003. A copy of tlhe transmittal letter and the return receipt is attached hereto as Exhibit 6. Judge Hess' Order directs that Plaintiff respond to the outstanding discovery within thirty days of the Order. See, Exhibit "A". Failure to comply with the Order will result in sanctions pursuant to Pennsylvania Rule of Civil Procedure 4001.9 (it is believed the Order was intended to state 4019). 7. Plaintiff has failed to answer the outstanding discovery, and Plaintiff has failed to request an extension of the time outlined in the August 6, 2003 Order. 8. The imposition of sanctions for discovery violations is controlled by Pa. R.C.P. 4019. Pennsylvania Rule of Civil Procedure, 4019(a) (1) (viii) states: ~The court may, on motion, make an appropriate order if a party or person otherwise fails to make discovery or to obey and order of court respecting discovery." Pennsylvania Rule of Civil Procedure 4019(c) (3) states: "The court, when acting on subdivision (a) of this Rule, may make an order striking out pleadings or 2 parts thereof, or saying further proceedings until the order is obey, or entering a jud,Fment of non pros or default against the disobedient ]party or party advising the disobedience." Pennsylvania Rule of Civil Procedure 4019(c) (2) states: The court, when acting under subdivision (a) of this rule, may make an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing into evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition." 10. Pennsylvania Rule of Civil Procedure 4019(g) (1) authorizes the trial court to award attorneys' fees and expanses associated with the filing of a motion to compel discovery and a subsequent motion for sanctions for failure to comply with an order entered pursuant to a motion to compel. 11. The imposition of specific sanctions under Rule 4019 is within the sound discretion of the trial court. Poulo$ v. Com,, Dept, of Transp,, 133 Pa.Commw. 322,325, 5'75 A.2d 967,969 (1990) (citation omitted). 12. It is clear that in the exercise of judicial discretion in formulating an appropriate sanction order, the trial court is required to select a punishment which fits the crime. Hein v, H~in, 717 A.2d 1053,1056 (Pa. Super. 1998) (citation omitted). 13. The appropriateness of the sanction imposed is assessed in light of four factors: ~1. The prejudiced caused to the opposing party and whether the prejudice can be cured; 2. The defaulting party's willfulness or bad faith in failing to comply with the discovery order; 3. The number of discovery violations; and 4. The importance of the precluded evidence in light of the failure." Hein v. Hein, Supra, at 1056 (citation omitted). 14. In the present matter, Defendant is prejudiced by the Plaintiff's failure to provide discovery. This accident occurred over three years ago, the Plaintiff still has not identified any witnesses to this incident, nor has she identified any healthcare providers or even to the extent of her injuries through discovery. 15. Plaintiff's failure to provide discovery appears to the willful in that there was no request for an extension or an effort made to even partially comply with this Court's discovery Order. 16. This is the Plaintiff's first discovery violation. However, it should be noted that discovery was forwarded in this case in April of this year. Although five months have since passed, the most basic of discovery information has still not been provided by the Plaintiff. 4 17. The evidence sought to be precluded is important to the Plaintiff's case. It is believed, however, Plaintiff's willful disregard to this Court's discovery Order .outweighs the seriousness of the preclusion of evidence in this matter. WHEREFORE, Defendant, Justin Sheriff, respectfully requests that This Honorable Court enter an Order entering Judgment of Non Pros against the Plaintiff for failure to respond to discovery in this matter. Alternatively, Defendant, Justin Sheriff, respectfully requests that This Honorable Court enter an Order precluding Plaintiff from introducing any evidence at trial. Further, Defendant, Justin Sheriff, respectfully requests that This Honorable Court enter an Order directing Plaintiff to reimburse Defendant, Justin Sheriff, for reasonable attorneys' fees in filing both a Motion to Compel and the present Motion for Sanctions. Respectfully submitted, GOLDBERG, F~kTZ~W~N & SHIPM~N, JAn R.'Ninosky, E~quire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Telephone: (717) 234-4161 5 AUG 0 AUG 0 John R. Ninosky, Esquire I.D. ~78000 GOLDBERG, KATZP~N & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Sheriff KATIE J. GRUBBS WILSON, Plaintiff VS. JUSTIN SHERIFF and HYUNDAI MOTOR ~tMERICA, INC., Defendants IN THE COURT OF COM~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TERM : : JURY TRIAL DEM3~NDED ORDER AND NOW, this' "~ day of~~, 2003, upon consideration of Defendant, Justin L. Sheriff's Motion to Compel, and Plaintiff's response thereto if any, it is hereby~ ordered that Defendant's Motion is GPQ%NTED. Plaint. iff i.~ hereby Ordered docw.qcntc within ~0 days of this Order. Failure to comply with this Order will result in sanctions ]pursuant to [ennsylvania Rule of Civil Procedure 4001.9. BY THE COURT: Jo TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand end ~h~ seal of said Court ~.t Carli~le, Pa, ' i rot otary f t (J August 11, 2003 Via Certified Mail No. 7099 3400 0002 2089 6766 Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 ~ In re: Katie J. Grubbsl Wilson v.-' Justin Sheriff and Hyundai~otor America, Inc. No. 02-3283 Civil Term Dear Mr. McKnight: Enclosed please find a copy of the Order issued by Judge Hess concerning the outstanding discovery. Very truly yours, COPY John R. Ninosky JRN:mem Enclosure cc: Hyundai Motor America, Inc. (w/enc.) · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: A. Signature ~ ~ Agent r-1 Addressee C. Date of D~llvep/ D. is delivefy address different from item 1 ? r-I Ye~.~ If YES, enter delive~ address below: i--I Express Mail ~ [] Return R~ceipt for Memhandise [] Insured Mail [] C.O.D. 4, Restdctdd Delivery? (Extra F~e) [] Yes · PS Form 3811, August 2001 Domestic Return Receipt UNITED, S VICE IIII First-Class Mail Postage & Fees Paid USPS Permit No. G-10 · Sender: Please print your name, address, and ZIP+4 in this box ° GOLDBERG, KATZMAN & SH![PMAN, o~r STRAWBERRY SQUARE EO, LOX ~126S ~Sn~.PENNS~NIA 171L , ' CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on 2003: Marcus McKnight, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiffs Hyundai Motor America, Inc. 10550 Talbot Avenue P.O. Box 20850 Fountain Valley, CA 92728-0850 GOLDBERG, K~XZMAN & SHIPMAN, P.C. Jo~n R. Nin6sky, ~s~ire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Sheriff 93686.1 KATIE J. GRUBBS WILSON, Plaintiff VS. JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3283 CIVIL JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS OF DEFENDANT, JUSTIN SHERIFF ORDER AND NOW, this / ~ ' day of September, 2003, a brief argument on the within motion for sanctions is set for Thursday, October 30, 2003, at 2::30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~cus McKnight, III, Esquire For the Plaintiff M ' Ninosky, Esquire dant Sheriff otor America, Inc. bot Avenue P. O. Box 20850 Fountain Valley, CA 92728-0850 :rlm K/~ Hess, J. CAMPBELL CAMPBELL EDWARDS & CONROY~ PC By: William J. Conroy, Esquire Attorney I.D. No. 36433 William J. Wrabley, III, Esquire Attorney I.D. No. 87152 Three Glenhardie Corporate Center 1265 Drummers Lane - Suite 200 Wayne, PA 19087 (610) 964-1900 Attorney for Defendant, Hyundai Motor America, Inc. KATIE J. GRUBBS WILSON Plaintiff, JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, 1NC., Defendants. COURT ,OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 02-31283 CIVIL TERM JURY TtLIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of WILLIAM J. CONROY aud WILLI/uM J. WRABLEY, as counsel on behalf of Defendant, HYUNDAI MOTOR AMERICA, INC., in the above- captioned matter. CAMPBELL CAMPBELL EDWARDS & CONROY, P.C. Dated: October 9, 2003 WILLIIAM J. CONROY,'~SQUIRE William J. WraMey, IJI, Esquire Attorneys for DefenaVant, Hyundai Motor America, Inc. CAMPBELL CAMPBELL EDWARDS & CONROY, PC By: William J. Conroy, Esquire Attorney I.D. No. 36433 By: William J. Wrablcy, III, Esquire Attorney I.D. No. 87152 Three Glenhardie Corporate Center 1265 Dnmuncrs Lane - Suite 200 Wayne, PA 19087 (610) 964-1900 To: Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twe aty (20) days from service hereof or a may be entered against you. Attorneys for ~fendant, Hyundai Motor America, Inc. KATIE J. GRUBBS WILSON Plaintiff, JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, 1NC., Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 02-3283 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT HYUNDAI MOTOR. AMERICA'S ANSWER TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa. R. CIV. P. 2252(d) Defendant, Hyundai Motor America, Inc. (hereinafter "HMA"), by and through its attorneys, Campbell, Campbell, Edwards & Conroy, P.C., responds to plaintiffs' Complaint as follows: Denied in accordance with Pa.R.C.P. 1029(e). Denied in accordance with Pa.R.C.P. 1029(e). Denied as stated. It is admitted only that HMA is a corporation in the State of California and is registered to do business in the Commonwealth of Pennsylvania. Denied in accordance with Pa.R.C.P. 1029(e). Denied in accordance with Pa.R.C.P. 1029(e). COUNT I KATIE GRUBBS-WILSON v. JUSTIN SHERIFF 6. Hyundai Motor America hereby repeats and incorporates by reference its full and complete responses to paragraphs 1-5 of Plaintiff's Complaint as if set forth fully herein. 7-18. The allegations contained in these paragraphs pe~Xain to parties other than HMA, no response is therefore, required. WHEREFORE, HMA demands judgment in its favor and against Plaintiff together with costs and attorney's fees. COUNT II KATIE GRUBBS-WILSON v. HYUNDAI MOTOR AMERICA 19. Hyundai Motor America hereby repeats and incorporates by reference its full and complete responses to paragraphs 1-5 of Plaintiff's Complaint as if set forth fully herein. 20. Denied. HMA does not manufacture Hyundai atttomobiles, and states that it sells vehicles to independent dealerships who, in turn, sell them to the general public. 21. Denied. HMA admits only that the subject vehicle came equipped with a driver- side air bag. HMA denies the remaining allegations of this ]paragraph and demands strict proof thereof at trial. 22. Denied in accordance with Pa.R.C.P. 1029(e). 23. Denied in accordance with Pa.R.C.P. 1029(e). By way of further response, HMA specifically denies that the subject vehicle was defective in any way relevant to plaintiff's complaint and demands strict proof thereof at trial. 24. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 25. Denied in accordance with Pa.R.C.P. 1029(e). 26. Denied in accordance with Pa.R.C.P. 1029(e). 27. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further response, HMA specifically denies that the subject vehicle was defective in any way relevant to plaintiff's complaint or that any act or failure to act on its part caused plaintiffs alleged injuries and/or damages. 28. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further response, HMA specifically denies that any act or failure to act on its part caused plaintiffs alleged injuries and/or damages. 29. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further response, HMA specifically denies that any act or failure to act on its part caused plaintiffs alleged injuries and/or damages. 30. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further response, HMA specifically denies that any act or failure to act on its part caused plaintiffs alleged injuries and/or damages. WHEREFORE, HMA demands judgment in its favor and against Plaintiff together with costs and attorney's fees. 31. 32. NEW MATTER DIRECTED TO PLAINTIFF Plaintiffs' Complaint fails to set forth a claim upon which relief can be granted. Plaintiffs' allegations are barred by the applicable statute of limitations. 33. HMA performed each and every duty, if any, owed to the plaintiff. 34. The subject incident and alleged damage were caused solely by the negligence and/or liability producing conduct of individuals and/or entities other than HMA. 35. Any act or failure to act on the part of HMA was neither a substantial nor causative factor of the subject accident or claimed damages. 36. Plaintiffs' claims may be barred either in full or in part by plaintiff's comparative fault, contributory negligence, recklessness and/or carelessness. 37. ' Plaintiff may have assumed the risk of the activities and/or the risk of a known danger. 38. If HMA supplied, sold or distributed the motor vehicle referred to in the plaintiff's Complaint, the subject incident and claimed datnages were not caused by any condition existing in the vehicle at the time that it left the possession or control of liMA. 39. If HMA supplied, sold or distributed the motor vehicle referred to in the Complaint, the motor vehicle may have undergone a substantial change or modification subsequent to the time it left the possession and control of HMA. 40. The acts or omissions of individuals or entities beyond the control of HMA may have constituted intervening, superseding causes of the alleged incident and claimed damages. 41. The subject vehicle may have been misused after it left the possession of HMA, if it did. 42. Plaintiffs' claims may be barred by the doctrine of spoliation of evidence. 43. To the extent that it is proven that HMA, distributed and/or sold the product referred to in plaintiffs' Complaint, the sole and/or proximate cause of any alleged injuries and/or damages allegedly sustained by plaintiffs, was the abnormal, unforeseeable and/or 4 unintended use of the aforementioned product by persons and/or entities over whom HMA had no ability to control, duty to control, nor legal reason to control. WHEREFORE, Defendant HMA Motor Company respectfully requests judgment in its favor and against the plaintiff together with costs and attorney's fees as allowed by law. NEW MATTER PURSUANT TO Pa. R. CIV. P. 2252(d) 44. HMA incorporates by reference Paragraphs 1 through 43 of its Answer and New Matter as though fully set herein forth at length. To the extent the allegations contained in plaintiffs' Complaint are proven to be true, which allegations are expressly denied by HMA, HMA asserts that the co-defendant Justin Sheriffis alone liable to plaintiffs, is jointly or severally liable to the plaintiffs, or is liable over to HMA for contribntion and/or indemnification, together with attorneys' fees, costs and such other relief as the Court may deem appropriate. WHEREFORE, Defendant HMA Motor Company respectfully requests judgment in its favor and against the plaintifftogether with costs and attorney's fees as allowed by law. Dated: /6 / <~ Respectfully submitted, CAMPBELL CAMPBELL EDWARDS & CONROY~ P.C. Williflrn J. Conroy, ]~squire William J. Wrabley,'III, Esquire 1265 Drummers Lane, Suite 200 Wayne, PA 19087 Attorneys for Defendant, Hyundai Motor America, Inc. VERIFICATION I, WILLIAM J. CONROY, ESQUIRE, being duly sworn according to law, hereby states that I am the attorney for defendant, HMA, Inc., and am authorized to take this Verification on its behalf. I hereby verify that the statements contained in the within Defendant HMA's Answer to Plaintiffs' Complaint with New Matter and New Matter Pursuant to 2252(d) are true and correct to the best of my knowledge, information and belief. I tmderstand that false statements made herein are made subject to penalties to 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. By: ~Wi li~j. Co~oy, squire 6 CERTIFICATION OF SERVICE I, William J. Com'oy, hereby certify that I have served upon all persons listed below a true and correct copy of Defendant HMA 's Answer to Plaintiffs' Complaint with New Matter and New Matter Pursuant to 2252(d), in the above-captioned matter this date by U.S. First Class Mail, postage pre-paid and addressed as follows: Marcus McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 Ph: (717) 249-2353 Attorney for Plaintiff John R. Ninosky, Esquire GOLDBERG, KATZMAN & SHIPMAN, PC 320 Market Street P.O. Box 1268 Hamsburg, PA 17108-1268 Ph: (717) 234-4161 Attorney for Defendant, Justin Sheriff Campbell Campbell Edwards & Conroy, P.C. Dated: ?01~ /03 BY: AW~I?Irn~M~'ey for DefendarEt:quire Ityundai Motor America, Inc. 7 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 {717) 234-4161 Counsel for Defendant, Sheriff KATIE J. GRUBBS WILSON, Plaintiff vs. JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3283 CIVIL TERM : : JURY TRIAL DEMANDED REPLY OF DEFENDANT SHERIFF TO THE NEWMATTER/CROSSCLAIM OF DEFENDANT, HYUNDAI MOTOR AMERICA, INC. AND NOW, comes the Defendant, Justin Sheriff, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Reply to the New Matter/Crossclaim of Hyundai Motor America, Inc., by respectfully stating the followincl: 44. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are denied. WHEREFORE, the Defendant, Justin Sheriff, respectfully requests that the New Matter/Crossclaim be dismissed with prejudice. 101764 . 1 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. BYJoh~ f-~[nosky, E s q~l~e Attorney I..D. 78000 320 Market Street P.O. Box 1268 Harrisburg,. PA 17108-1268 (717) 234-4161 Attorneys for Defendant Sheriff 2 VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) John R. the party affidavit Ninosky, Esquire, states that he is the attorney for filing the foregoing document; that he makes this as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his inw~stigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. · Ninosky ~ DATE: 83354.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on ~~__, 2003: Marcus McKnight, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiffs William J. Conroy, Esquire Campbell, Campbell, Edwards & Conroy 1265 Drummers Lane, Suite 200 Wayne, PA 19087 Counsel for Defendant Hyundai Motor America GOLDBERG, KATZMAN & SHIPMAN, P.C. ire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Sheriff 93686.1 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel tbr Defendant, Justin Sheriff KATIE J. GRUBBS WILSON, Plaintiff JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3283 CWLL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served; (2) Certificate; A copy of the Notice Of Intent, including the proposed subpoena, is attached to this (3) (4) No objection to the subpoena has been received; and The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. GOLDBERG, KATZMAN & SH/]?MAN ~hn R. Ninosky, Esquire v I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 717-234-4161 Date: Attorneys for Defendant Justin Sheriff John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Sn-eet P.O. Box 1268 Hamsburg, PA 171084268 (?17) 234-4161 Coansel fbr Defendant, Justin Sheriff KATiE J. GRUBBS WILSON, Plaintiff JUSTIN SHERIFF and HYUNDAI MOTOR AMER/CA, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANiA NO. 02-3283 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO P.~RODUCE DOCUMENTS AND THINGS FOR. _DISCOVERY PURSUANT TO RULE 4009.21 Katie J. Grubbs Wilson and Marcus McKnight, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 PLEASE TAKE NOTICE that Defendant, Justin Sher/ff, 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 no objection is made, the subpoena may be served. GOLDBERG, KATZMAN & SHIPMAN Jt~Im~ R. Ninosky, Esquire I.D. No. 78000 320 Market Street P.O. Box 1268 Hamsburg, PA 17108 717-234-4161 Attorneys for Defendant Justin Sheriff KATIE J GRUBBS WILSON, Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND_ ' JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3283 CIVIL TERM CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THING?, FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle 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: any and all medical records, correspondence, reports and dia~lnostic test results pertain n~ to Katie J. Grubbs Wilson (DOB:10/1/78; SS#: 190-68-7641 at .Goldberq, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburq, PA 17108-1261; 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: John R. Ninosky, Esquire ADDRESS: P.O. Box 1268 _ Harrisburq, PA 17108-1268 TELEPHONE: _(717) 234-4161 SUPREME COURT ID #_ 78000 DATE: ~ Seal of the do~- ~ BY THE COURT: othonotary/Clerk, ~;ivil -- ~ ~-eputy (Eft. 7/97) .CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and con:ect copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pem~sylvania, on the _ dayof /}/o,/¢~,~4~/'_, 2003, addressed as follows: Marcus McKnight, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 William J. Com:oy, Esquire Campbell, Campbell, Edwards & Conroy 1265 Drummers Lane, Suite 200 Wayne, PA 19087 GOLDBERG, KATZMAN & SHIFMAN, P.C. John 1~. Ninosky, Esquire v I.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Justin Sheriff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the ,,~ ~/~')/day of_~o Vt ~ ~,W, 2003, addressed as follows: Marcus McKnight, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 William J. Conroy, Esquire Campbell, Campbell, Edwards & Conroy 1265 Drummers Lane, Suite 200 Wayne, PA 19087 GOLDBERG, KATZMAN & SHIPMAN, P.C. By Johfl~R. Ninosky, Esquire I.D. #78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Justin Sheriff CERTIFICATE PREREQUISITE TO SERVICE OF A SUBP0gNA PURSUANT TO RULE 4009.22 IN TEE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. ERABLEY, 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 serw~ the subpoena. DATE: 01/26/2004 WI . .IAM J. BLEY, II , ESW. Attorney f~r/~EFENDANT (/ ' ~/ DEll-470145 3 5 1 1 3 --LO 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GRUBBS WILSON SHERIFF & HYUNDAI -VS- COURT OF COMMON PLEAS TERM, CASE N0: 02-3283 NOTICE OF II~T~S~FT TO SER%q{ A SUBPOI~A TO PRODUCE DOCUMI~TTS AND FOR DISC(3N~¥ ~ TO RI]I~ 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS NCKNIGHT, ESQ. MCS on behalf of WILLIAM J. NRABLEY, III, ESQ. intends to serve a subpoena iclentical 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 cardand returning same to NCS or by contacting our local MCS office. DATE: 01/06/2004 CC: WILLIAM J. WRABLEY, III, ESQ. - 5834-378 MCS on behalf of WILLIAM J. NRABLEY, III, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1G01 MARKET STREET #BO0 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 3 5113--CO 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERHOOD MATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DR.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP WALMART SUPERCTR TIRE & LUBE WALMART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-PAY ONLY DE02-252314 3 5113 --C0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS, SHERIFF & HYUNDAI File No. 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MOTHERHOOD MATERNITY (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 th~ngs: **** SEE ATTACHED R/DER **** at The MCS Grou~. 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 fight 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: WILLIAM J. WRABLEY, III. ESO. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Seal of the Court Pro~hono~a~, Ci~r~ ~i~isio~ Dep~iy "/ ' ~l ' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOTHERHOOD MATERNITY 3506 CAPITAL CITY MALL CAMP HILL, PA 17011 RE: 35113 KATIE J. GRUBBS WILSON Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary repons and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject :KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482140 3 5113--L0 8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEY, 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 serw~ the subpoena. DATE: 01/26/2004 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT DEll-470146 3 5 1 1 3 --LO 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER 0F: GRUBBS WILSON SHERIFF & HYUNDAI -VS- COURT 0F COMMON PLEAS TERM, CASE NO: 02-3283 NOTICE OF I~-rl~T TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSI~a-NT TO RUI~ 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS NCKNIGHT, ESQ. MCS on behalf of WILLIAM J. WRABLEY, 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: 01/06/2004 CC: WILLIAM J. WRABLEY, III, ESQ. - 5034-370 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE NCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 3 5 113--CO 1 >>> LOCATION LIST <<< PAGE: LOCATION NA~ RECORDS REQUESTED MOTHERHOOD NATERNITY MOTHEEI{00D ~ATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DE.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISE GLASS SEOP WALI~ART SUPERCTR TIRE & LUBE NALI~ART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER ~YUNDAL JIFFY LUBE PHILRAVEN PRILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTEER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 35113--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No. 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MOTI-I~RHOOD MATERNITY (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 MOS Grouts. Inc.. 1601 Market Street. Suite 800. Philadeinhia. 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: WILLIAM J. WRABLEY, III, ESQ. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court Prott~onotary/Cl~, ~iyil ~,~yision Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOTHERHOOD MATERNITY 4600 JONESTOWN ROAD HARRISBURG, PA 17109 RE: 35113 KATIE J. GRUBBS WILSON Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, flies, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: DateS Requested: up to and including the present. Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482142 3 5113--L0 9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. certifies that (1) A notice of intent to serve the subpoena wi~zh 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 tlhe 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 serv.~ the subpoena. DATE: 01/26/2004 MCS on Oehalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT DEll-470147 3 5 1 1 3 --L1 O COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GRUBBS WILSON SHERIFF & HYUNDAI -VS- COURT 0F COMMON PLEAS TERM, CASE NO: 02-3283 NOTICE OF I~T~z~T TO SERVE A SIIBPOEN~ TO PRODUCE DOCu~ENTS AND ~II~C~S FOR DISC~Y PUR~u~_NT TO RULR 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS MCKNIGHT, ESQ. MCS on behalf of WILLIAM J. WRABLEY, 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: 01/06/2004 CC: WILLIAM J. WRABLEY, III, ESQ. - 5834-378 NCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #$00 PHIL~J)ELPHIA, PA 19103 (215) 246-0900 DE02-252314 3 5 113--CO I >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERHOOD MATERNITY BOSLEH FREE LIBRARY FREDERICKSON OUTPATIENT DR.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP NALMART SUPERCTR TIRE & LUBE WALMART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGEH flYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 51 13--C0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No. 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BOSLER FREE LIBRARY (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 Grouo. Inc.. 1601 Market Street_ Suite 800. Philadelnhia. 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: WILLIAM J. WRABLEY, III, ESQ. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215'~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Seal of the Court Prothe(n'6tiry'~C leri~yil ~v'~on EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BOSLER FREE LIBRARY 158 W. HIGH STREET CARLISLE, PA 17013 RE: 35113 KATIE J. GRUBBS WILSON Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482144 3 5113--L10 CRRTIFICATE PRRRRQUISIT~ TO SERVIC~ OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEY, 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: 01/26/2'004 MCS on behalf of WILLIAM J. WRABLEY, III, Attorney for DEFENDANT ESQ. DEll-470148 3 5 1 1 3 --L1 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GRUBBS WILSON SHERIFF & HYUNDAI -VS- COURT OF COMMON PLEAS TERM, CASE NO: 02-3283 NOTICE OF I~T~aTT TO SER~;E A SUBPOENA TO PRODUCE ~S ~ THIN~S FOR DISCO~u(Z PURSu~.I~T TO RUJ=E 4009.21 Note: see enclosed list of locations ] TO: MARCUS MCKNIGHT, ESQ. MCS on behalf of WILLIAM J. WRABLEY, 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: 01/06/2004 CC: WILLIAM J. #RABLEY, III, ESQ. - 5834-378 MCS on behalf of WILLIAM J. #RABLEY, III, Attorney for DEFENDANT ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 3 5 113 --CO i LOCATION LIST <<¢ PAGE: 1 LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERHOOD MATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DR.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP WALMART SUPERCTR TIRE & LUBE WALMART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 35113--C0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No. 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FREDERICKSON OUTPATIENT (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. Philadelnhia. 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 fight 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: WILLIAM J. WRABLEY, III, ESQ. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE.C. aOURT: Protho~otary/-Gt~vil !~is'~on Deputy ' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FREDERICKSON OUTPATIENT 2015 TECHNOLOGY PARKWAY MECHANICSBURG, PA 17055 RE: 35113 KATIE J. GRUBBS WILSON Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. 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, fries, memoranda, handwritten notes, history and physical repons, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent repons, includinlg any and all such items as may be stored in a computer database or othemase in electronic form, relating to any examination, consultation, diagnosis, care or treaanent pertaining to: Dates Requested: up to and including the present. Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482146 3 5113--Lll CERTIFICATE PREREQUISITE TO SERVICE OF A S~BPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS On behalf of WILLIAM J. WRABLEY, III, ESQ. certifies that (1) A notice of intent to serve the subpoena wi5h 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: 01/26/2004 MCS on behalf of WILLIAM J. WRABLEY, III, Attorney for DEFENDANT ESQ. DEll-470149 3 5 1 13 --L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GRUBBS WILSON SHERIFF & HYUNDAI -VS- COURT OF COMMON PLEAS TERM, CASE NO: 02-3283 NOTICE OF I~'£mzTT TO SERVE A SUBPOIENA TO PRODUCE ~S AND THIlq(]S FOR DISCOVi~t(~ PUR~u~dqT TO Rllfd{ 4009.21 [ Note: see enclosed list of locations ] T0: MARCUS MCKNIGHT, ESQ. MCS on behalf of WILLIAM J. WRABLEY, 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: 01/06/2004 CC: WILLIAM J. WRABLEY, Ill, ESQ. - 5834-378 MCS on behalf of WILLIAM J. WP. ABLEY, III, Attorney for DEFENDANT ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 35113--CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERHOOD MATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DE.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP WALMART SUPERCTR TIRE & LUBE WALMART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 5 113 --C0 i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No.. 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR.BRIAN UNIACKE (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 Grout>. 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 with/n twenty (20) days after its service, the party serving this subpoena may seek a corm order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO~VING PERSON: NAME: WILLIAM J. WRABLEY, III, ESQ. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: BY /, OUI~,T: Prot t~o .not arTy/C 1 '.~'C~v!l l~,ision De~auty / '- '-/ ' Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR.BRIAN UNIACKE CUMBERLAND FAM. HEALTH 5 WILLOWMILL PARK RD MECHANICSBURG, PA 17055 RE: 35113 KATIE J. GRUBBS WILSON Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. 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 repons, 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: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482148 35113 --L12 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEY, 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: 01/26/2004 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT DEll-470150 3 5 113 --L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GRUBBS WILSON SHERIFF & HYUNDAI -VS- C0URT 0F COMMON PLEAS TERM, CASE NO: 02-3283 NOTICE OF I~Tm~T TO SERVE A SUBPOEN~ TO PRODUCE DOCuM~-TS ~ THIN~S FOR DISCO%~K~ PURSUANT TO R~ 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS MCKNIGHT, ESQ. MCS on behalf of WILLIAM J. WRABLEY, 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: 01/06/2004 CC: WILLIAM J. #IflIBLEY, III, ESQ. - 5034-378 MCS on behalf of WILLIAM J. WRABLEY, III, Attorney for DEFENDANT ES0. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 3 5 1 1 3 -- C O 1 LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERHOOD MATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DR.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP WALMART SUPERCTR TIRE & LUBE NALMART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 5 113 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No.. 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for NTB NATONAL TIRE & BATTERY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this subpoena within twenty (20) days aRer 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: WILLIAM J. WRABLEY, III, ESQ. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATI'ORNEY FOR: Defendant Seal of the Court Proth .onoJt(ry/C lerk~l l~i¢~n Deputy / 7 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NTB NATONAL TIRE & BATTERY 6051 CARLISLE PIKE HARRISBURG, PA 17101 RE: 35113 KATIE J. GRUBBS WILSON INCLUDE ANY AND ALL REPAIR RECORDS Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482150 35113 --L13 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUkNT TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 AS a prerequisite to service of a subpoena for documents and thin§s pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. certifies that (1) A notice of intent to serve the subpoena wi%h 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 sou§hr to be served, (2) A copy of the notice of intent, includin9 tlhe 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: 01/26/2004 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT DEll-470151 3 5 1 13 --L14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER 0F: GRUBBS WILSON SHERIFF & HYUNDAI -VS- COURT OF COMMON PLEAS TERM, CASE NO: 02-3283 NOTICE OF I~'£~FT TO SImilE A ~uJ~PO]~a- TO PRODUCE IK)~U~fl~qTS ~ · ~l{II~ P~R DISC~Y P~%I~T TO R~ 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS MCKNIGHT, ESQ. MCS on behalf of WILLIAM J. #RABLEY, 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 cardand returning same to NCS or by contacting our local MCS office. DATE: 01/06/2004 CC: WILLIAM J. WRABLEY, III, ESQ. - 5834-378 MCS on behalf of WILLIAM J. NRABLEY, III, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DR02-252314 3 5 i i 3 --CO i LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERHOOD MATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DR.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP NALMART SUPERCTR TIRE & LUBE WALMART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 5 1 1 3 --CO i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No. 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JIFFY LUBE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by lhe court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun. Inc.. 1601 Market Street. Suite 800. Philadelnhia. 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: WILLIAM J. WRABLEY, III, ESO. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (~17) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Seal of the Court 35113-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JIFFY LUBE 400 E. HIGH STREET CARLISLE, PA 17013 RE: 35113 KATIE J. GRUBBS WILSON INCLUDE ANY AND ALL REPAIR RECORDS Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482152 3 5 · 1 3 --LI 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEYf III, ESQ. certifies that (1) A notice of intent to serve the subpoena wi~!h 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: 01/26/2004 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT DEll-470152 3 5 1 13 --L1 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GRUBBS WILSON SHERIFF & HYUNDAI -VS - COURT OF COMMON PLEAS TERM, CASE N0: 02-3283 NOTICE OF I~-£~u4T TO SERVE A SUBPOENA TO PRODUCE DOcuM]~]TS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS MCKNIGHT, ESQ. MCS on behalf of WILLIAM J. WRABLEY, 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: 01/06/2004 CC: WILLIAM J. WIA~BLEY, III, ESQ. - 5834-378 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 3 5 113--CO i >>> LOCATION LIST <<< PAGE: 1 LOCATION NA~E RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERIi00D MATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DR.BRI/~%I LTNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISE GLASS SHOP NAL~ART SUPERCTR TIRE & LUBE WALMART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 5113 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No.. 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BOB BAISH GLASS SHOP (Name of Person or Entity) Within twenty (20) days afl.er service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATrACHED RIDER **** at The MCS Grouo. 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: WILLIAM J. WRABLEY, III, ESQ. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court Pro(hono~ Civ/~ Diyision Deputy ( / ' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BOB BAISH GLASS SHOP 1249 MOUNT HOLLY PARK CARLISLE, PA 17013 RE: 35113 KATIE J. GRUBBS WILSON Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482154 3 5113--L15 C~HTIFICATE PR~REQUISITH TO SHRVICH OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRAELEY,. 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: 01/26/2004 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT DEll-470153 3 5 1 13 --L16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER 0F: GRUBBS WILSON SHERIFF & HYUNDAI -VS- COURT OF COMMON PLEAS TERM, CASE N0: 02-3283 NOTICE OF I~T~TT TO SERVE A SubPOenA TO PRODUCE DOcuMENTS AND THINGS FOR DISCO~KY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS MCKNIGHT, ESQ. MCS on behalf of WILLIAM J. WP~%BLEY, 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: 01/06/2004 CC: WILLIAM J. WRABLEY, III, ESQ. - 5834-378 MCS on behalf of WILLIAM J. WP~%BLEY, III, ESQ. Attorney for DEFENDANT Any questions regard/ng this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 2~6-0900 DE02-252314 3 5113 --CO i LOCATION LIST <<< PAGE: 1 LOCATION NAM~ RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERHOOD MATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DR.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP WALMART SUPERCTR TIRE & LUBE WALMART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 5 11 3 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI FileNo.. 02-3~$3 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WALMART SUPERCTR TIRE & LUBE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street_ Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: WILLIAM J. WRABLEY, III. ESO. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Seal of the Court BY ~ COURT: Proth~noiary/ct~Civi~ivp?ion Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WALMART SUPERCTR TIRE & LUBE EXPRESS 1257 HARRISBURG PIKE CARLISLE, PA 17013 RE: 35113 KATIE J. GRUBBS WILSON INCLUDE ANY AND ALL REPAIR RECORDS Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482156 35113 --L16 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSU~NT TO RULE 4009.22 IN TEE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE N0: 02-3283 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. certifies that (1) A ~otice 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: 01/26/2004 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT DEll-470154 35113 --L17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBER. LAND IN THE MATTER OF: GRUBBS WILSON SHERIFF & HYUNDAI -VS- COURT 0F COMMON PLEAS TERM, CASE N0: 02-3283 NOTICE OF I~'lulNT TO SERVI~ A SUBPOENA TO PRODUCE ~S AND THINGS FOR DISCOV~KY PUP. b~IANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS MCKNIGHT0 ESQ. MCS on behalf of WILLIAM J. W~ABLEY, 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: 01/06/2004 CC: WILLIAM J. NRABLEY, III, ESQ. - 5834-378 NOS on behalf of WILLIAN J. WRABLEY, III, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE NCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 3 5 113 --CO 1 LOCATION LIST <<< PAGE: i LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERHOOD MATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DR.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP WALMART SUPERCTR TIRE & LUBE WALl*ART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTEER OTHER OTEER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 5 1 13 --CO i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No.. 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WALMART SUPERCTR TIRE & LUBE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by 1he court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800_ Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: WILLIAM J. WRABLEY. III. Ese. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (21~1 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Seal of the Court BY THE gOURT: /~ Protl~onotary/~, divil ~ivision Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WALMART SUPERCTR TIRE & LUBE EXPRESS RR 2 CLEARFIELD, PA 16830 RE: 35113 KATIE J. GRUBBS WILSON INCLUDE ANY AND ALL REPAIR RECORDS Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482158 3 5 1 1 3 --L1 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER 0F: GRUBBS WILSON COURT OF COMMON PLEAS TERM, ~VS- SHERIFF & HYUNDAI CASE NO: 02-3283 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEY, 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: 01/26/2004 MCS on behalf of WILLIAM J. WRABLEY, III, Attorney for DEFENDANT ESQ. DEll-470155 35113 --L18 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER 0F: GRUBBS WILSON SHERIFF & HYUNDAI -VS- COURT OF COMMON PLEAS TERM, CASE NO: 02-3283 NOTICE OF I~-risNT TO SERVE A SUBPOI~IA ~ PRODUCE DOCUMENTS AND THINC~ FOR DISCO~ISKt[ PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS MCKNIGHT, ESQ. MCS on behalf of WILLIAM J. WRABLEY, 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: 01/06/2004 CC: WILLIAM J. WRABLEY, III, ESQ. - 5834-378 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE NCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 3 5 1 1 3 -- C O 1 LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATEP~NITY MOTHERHOOD ~ATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DR.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP WALMART SUPERCTR TIRE & LUBE W~LMART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 5113 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYLrNDAI File No. _ 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for RIDER HYUNDAI (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: WILLIAM J. WRABLEY. IIL ESO. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court Pr°t i(°n°lm'y/C~~7~& D~puty (' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RIDER HYUNDA1 1703 W. COLLEGE AVENUE STATE COLLEGE, PA 16801 RE: 35113 KATIE J. GRUBBS WILSON Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482160 3 5 1 13 --L1 8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUAN~r TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEY, 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: 01/26/2004 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT DEll-470156 35113 --L19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GRUBBS WILSON SHERIFF & HYUNDAI -VS - COURT OF COMMON PLEAS TERM, CASE N0: 02-3283 NOTICE OF ]~4T~X4T TO SER%~E A SUBPOENA TO PRODUCE THINGS FOR DISCO~ PUP,~u~%NT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS MCKNIGHT, ESQ. MCS on behalf of WILLIAM J. WRABLEY, 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: 01/06/2004 CC: WILLIAM J. WRABLEY, III, ESQ. - 5834-378 MCS on behalf of WILLIAM J. WRABLEY, III, Attorney for DEFENDANT ESQ. ~y questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 3 5113 --CO I LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERHOOD MATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DR.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP WALMART SUPERCTR TIRE & LUBE WALMART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 5 1 13--C0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No. _ 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FREYSINGER HYIJ-NDAL (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_ Philadelohia. 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: WILLIAM J. WRABLEY, III, ESQ. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Dofondant Date: Seal of the Court Prat honot a~ fCi~f/Division EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FREYSINGER HYUNDAL 6115 CARLISLE PIKE MECHANICSBURG, PA 17050 RE: 35113 KATIE J. GRUBBS WILSON Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482162 3 5 1 1 3 --T.~ 9 CERTIFICATE PHEHEQUISITE TO SEH¥ICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEY, 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: 01/26/2004 MCE on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT DEll-470157 3 5 1 1 3 --L20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GRUBBS WILSON SHERIFF & HYUNDAI ~VS- COURT OF COMMON PLEAS TERM, CASE NO: 02-3283 NOTICE OF I~---~4TT TO SERV~ A SUBPO]~A TO PRODUCE DO~uM~TTS AND THINC~ FOR DIS~Y PURSUANT TO I~UI~ 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS NCKNIGHT, ESQ. MCS on behalf of WILLIAM J. NRABLEY, 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: 01/06/2004 CC: WILLIAM J. WRA~LEY, III, ESQ. - 5834-378 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 35113--CO1 >>> LOCATION LIST <¢< PAGE: 1 LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATEP~NITY MOTHERHOOD MATERNITY BOSLER FREE LIBRARY FEEDERICKSON OUTPATIENT DR.BRIANUNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP WALMART SUPERCTR TIRE & LUBE WALMART SUPERCTN TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 5113 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No. 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JIFFY LLrBE (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 SWeet. Suite 800. Philadelnhia. 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: WILLIAM J. WRABLEY. III. ESO. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Pr oth~ono~tary/Gter~, ivil ~2flvi sion D~ephty t' '' / ~ Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JIFFY LUBE 4958 CARLISLE PIKE MECHANICSBURG, PA 170503028 RE: 35113 KATIE J. GRUBBS WILSON Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482164 3 5113--L20 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEY, 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: 01/26/2004 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT DEll-470158 3 5 1 13 --L2 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GRUBBS WILSON SHERIFF & HYUNDAI -VS- COURT OF COMMON PLEAS TERM, CASE NO: 02-3283 NOTICE OF I~'r~T TO S}{RVE A SUBPO~ TO PRODUCE' D(~S AND THINGS P~)R DISC~e~K~ P[~I]~ TO RII[~ 4009.21 [ Note: see enclosed list of locations ] TO: I~RCUS MCKNIGET, ESQ. MCS on behalf of WILLIAM J. WRABLEY, 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: 01/06/200~ CC: WILLIAM J. WRABLEY, III, ESQ. - 5834-378 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #soo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 35113--CO1 >>> LOCATION LIST <¢< PAGE: 1 LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERHOOD MATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DH.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP WALMART SUPERCTR TIRE & LUBE NALMART SUPERCTH TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILNAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS NEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 5 113--C0 i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No. 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PHILHAVEN (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by lhe court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group_ Inc.. 1601 Market Street. Suite 800. Philadelt~hia. 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: WILLIAM J. WRABLEY. III. ESO. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Seal of the Court ~Prot ol~otary/Gle~ ,//~~/,/~' ~i¥il/l~ivisio~ D~uty / ~ - ' / '/ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PHILHAVEN 204 HATHAWAY PARK LEBANON,, PA 17042 RE: 35113 KATIE J. GRUBBS WILSON Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 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, fries, memoranda, handwritten notes, history and physical reports, medication/ prescnpuon records, nurse s notes, doctor s comments, daetary resmct~o s, and all patient consent or refusal of treatment, procedures, test, and/or medicauon, 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: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Security #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482166 3 5113--L2 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GRUBBS WILSON COURT OF COMMON PLEAS TERM, -VS- SHERIFF & HYUNDAI CASE NO: 02-3283 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM J. WRABLEY, 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: 01/26/2004 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT DEll-470159 3 5 ll 3 --L2 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GRUBBS WILSON SHERIFF & HYUNDAI -VS- COURT 0F COMMON PLEAS TERM, CASE NO: 02-3283 NOTICE OF I~x~a~T TO SERVE A Su~POEN~ TO PRODUCE DOcuMENTS AND THIN6~ FOR DISCO~I~K~ PURSIIANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: MARCUS MCKNIGNT, ESQ. MCS on behalf of WILLIAM J. WRABLEY, 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: 01/06/2004 CC: WILLIAM J. WRABLEY, III, ESQ. - 5834-378 MCS on behalf of WILLIAM J. WRABLEY, III, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-252314 35 113--CO I >>> LOCATION LIST ((( PAGE: I LOCATION NAME RECORDS REQUESTED MOTHERHOOD MATERNITY MOTHERHOOD MATERNITY BOSLER FREE LIBRARY FREDERICKSON OUTPATIENT DH.BRIAN UNIACKE NTB NATONAL TIRE & BATTERY JIFFY LUBE BOB BAISH GLASS SHOP WALMART SUPERCTR TIRE & LUBE WALMART SUPERCTR TIRE & LUBE RIDER HYUNDAI FREYSINGER HYUNDAL JIFFY LUBE PHILHAVEN PHILHAVEN EMPLOYMENT EMPLOYMENT EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER MEDICAL RECORDS X-RAY ONLY DE02-252314 3 5 113 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRUBBS WILSON VS. SHERIFF & HYUNDAI File No. _ 02-3283 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PHILHAVEN (Name of Person or Entity) Within twenty (20) days alter service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days alter 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: WILLIAM J. Vv~RABLEY. III, ESQ. ADDRESS: 1265 DRUMMERS LANE SUITE 200 WAYNE. PA 19087 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TH?7_URT: Pro~tary/~~ision Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PHILHAVEN 204 HATHAWAY PARK LEBANON,, PA 17042 RE: 35113 KATIE J. GRUBBS WILSON Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray fdms and repons, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dat.es Requested: up to and including the present. Subject: KATIE J. GRUBBS WILSON 10 PARK STREET, MOUNT HOLLY SPRING, PA 17065 Social Se,.curity #: 190-68-7641 Date of Birth: 10-01-1978 SU10-482168 3 5 1 1 3 --L2 2 KATIE J. GRUBBS WILSON, Plaintiff JUSTIN SHERIFF and HYUNDAI MOTOR AMERICA, INC., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 02-3283 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, ]~, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully subnfitted, IRWIN & McKNIGHT & By: ~ _~2~~0Ii 3Esquire Date: June 28, 2004