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HomeMy WebLinkAbout02-4536KEITH A. STAMY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-4536 CIVIL TERM DENISE L. NENNINGER and CIVIL ACTION - LAW GORDON E. NENNINGER. Defendants 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. ?) r-r T Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 - c w a o - Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required 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. KEITH A. STAMY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 20024536 CIVIL TERM DENISE L. NENNINGER and CIVIL ACTION - LAW GORDON E. NENNINGER, Defendants COMPLAINT AND NOW, this 7th day of May 2003, comes the Plaintiff, KEITH A. STAMY, by his attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, DENISE L. NENNINGER and GORDON E. NENNINGER: 1. The Plaintiff is Keith A. Stamy, an adult individual residing at 2813 Enola Road, Carlisle, Pennsylvania 17013. 2. The Defendants, Denise L. Nenninger and Gordon E. Nenninger, are adult individuals residing at 660 Conodoguinet Avenue, Carlisle, Pennsylvania 172013. 3. On Sunday, October 1, 2000, at approximately 8:25 p.m., the Plaintiff, Keith A. Stamy, was operating his 1993 Toyota SR5 automobile. He was travelling on east on Walnut Bottom Road in South Middletown Township, Cumberland County, Pennsylvania. 3 4. The vehicle accident occurred as Denise L. Nenninger, driving a 1995 Ford Aerostar west on Walnut Bottom Road, attempted to turn left onto Eastgate Drive. The collision occurred as the Defendant turned through center left lane, and into the lane in which the Plaintiff, Keith A. Stamy was travelling. 5. The force of the impact caused Plaintiff's vehicle to slide in an easterly direction rolling over onto its roof and coming to rest in the center turn lane facing in a northwesterly direction. 6. There was moderate damage to the Defendants' vehicle and severe damage to all sides of the Plaintiff s vehicle including the roof. 7. The Defendant lost track of which lane she was travelling and drove into the path of the Plaintiff causing the collision. The Defendant was cited by the police for violating Roadways Laned for Traffic. 8. The Plaintiff, Keith A. Stamy, had multiple contusions and abrasions on his face due to the severe impact, which also caused injuries to his head, right shoulder and arm, left shoulder and arm, his neck and back. 9. The Plaintiff, Keith A. Stamy, were taken by ambulance to Carlisle Hospital, Carlisle, Pennsylvania, for emergency treatment of his injuries. 10. The injuries sustained by the Plaintiff was caused by the negligence and careless actions of the Defendant, Denise L. Nenninger. 11. The Defendant, Denise L. Nenninger, was negligent and careless as follows: a. She failed to maintain her vehicle under proper control in an effort to avoid a collision; b. She was operating her vehicle at an unsafe manner; C. She was not paying attention to traffic on the highway; d. She failed to maintain her vehicle in the proper lane of traffic; e. She failed to give adequate warning of the entry into the Plaintiff's lane of traffic; and f. She failed to yield to the right-of-way to the Plaintiff. 12. The negligent actions of the Defendant, Denise L. Nenninger, were the proximate cause of the injuries to the Plaintiff, Keith A. Stamy. 5 13. At the time of the accident, The Defendant, Gordon E. Nenninger, was a co-owner of the vehicle driven by Defendant, Denise L. Nenninger. 14. At the time of the accident, the Defendant, Denise L. Nenninger, was acting on behalf of Gordon E. Nenninger, as his agent. In the alternative, said Gordon E. Nenninger negligently entrusted the vehicle to Defendant, Denise L. Nenninger. He is therefore liable for the negligent actions of the Defendant, Denise L. Nenninger 15. The Plaintiff, Keith A. Stamy, 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 he will incur in these areas. 16. The Plaintiff, Keith A. Stamy, seeks compensation for the medical expenses which he has incurred and may incur in the future to treat his injuries and lost income from his work which occurred as a result of the injuries he sustained in the accident. 17. The Plaintiff, Keith A. Stamy, also seeks compensation for the serious and permanent injuries which he has sustained to his face which has caused extensive scarring. 6 WHEREFORE, the Plaintiff, Keith A. Stamy, requests compensation and damages from the Defendants 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. Respectfully submitted, IRWIN, MCKNI T & HUGHES By: Marcus A. cKnight, II , Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiff Date: May 7, 2003 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. KEITH A. STAMY Date: S 7-03 KEITH A. STAMY, Plaintiff V. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL TERM CIVIL ACTION - LAW 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 IRWIN, McKNIGHT & HUGHES By: Marc s A. Mc squir 60 West Pomfr Str t Carlisle, PA 17 (717)249-2353 Supreme Court I.D. No. 25476 Date: May 9, 2003 8 KEITH A. STAMP, PLAINTTIFF V. DENISE L. NENNINGER and GORDON E. NENNINGER, DEFENDANTS TO CURTIS R. LONG, PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff and issue a Writ of Summons against the defendants, Denise L. Nenninger and Dordon E. Nenninger. Please direct the Sheriff to serve the defendants as follows: Denise L. Nenninger Gordon E. Nenninger 660 Conodoguinet Avenue Carlisle, PA 17013 Respectfully submitted, IRWIN, McKNI T & HUGHES By: Marcus . McKnight, Esquire Date: October 19, 2002 60 West Pomfret Street, Carlisle, PA 17013 (717) 249-2353 - Supreme Court I.D. No: 25476 To: DENISE L. NENNINGER and GORDON E. NENNINGER You are hereby notified that Keith A. Stamy, the plaintiff, has commenced an action against you which you are required to defend or a defaultjudgment may be entered against you. PKOT ONOTARY By: ? 5 Date: -21),2002 DEPUTY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002, YS 36 CIVIL TERM CIVIL, ACTION- LAW PRAECIPE FOR A WRIT OF SUMMONS C ? C? ca > cn `? cn rn ? cis, .00 1? (J7 n j ?1 - L SHERIFF'S RETURN - REGULAR CASE NO: 2002-04536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STAMY KEITH A VS NENNINGER DENISE DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS NENNINGER DENISE L was served upon the DEFENDANT , at 1600:00 HOURS, on the 25th day of September, 2002 at 660 CONODOGUINET AVENUE CARLISLE, PA 17013 by handing to GORDON NENNINGER 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 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this F¢ day of OcGj, .200.2 A. D. rc honotary So Answers: R Thomas Kline i 09/26/2002 IRWIN MCKNIGHT HUGHES By: Deputy She SHERIFF'S RETURN - REGULAR CASE NO: 2002-04536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STAMY KEITH A VS NENNINGER DENISE DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon NENNINGER GORDON E the DEFENDANT , at 1600:00 HOURS, on the 25th day of September, 2002 at 660 CONODOGUINET AVENUE CARLISLE, PA 17013 by handing to GORDON E NENNINGER 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: So Answers: Docketing 6.00 Service .00 . Affidavit .00 +"`7*': =d' ' rG Surcharge 10.00 R. Thomas Kline .00 16.00 09/26/2002 IRWIN MCKNIGHT HUGHES Sworn and Subscribed to before By: me this day of Deputy Sheriff lXctwG< 7C?o? A.D. r thonotary 7 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants KEITH A. STAMY, Plaintiff vs. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendants, Denise L. Nenninger and Gordon L. Nenninger, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jo R. Nino sky, Esquir Attorney I.D. 78000 P.O. Box 12,58 Harrisburg, PA 17108-1268 (717) 234-4161 I Attorneys for Defendants DATE: '111103 93727.1 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 Aid 1. 2003: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiffs GOLDBERG, KA'TZMAN & SHIPMAN, P.C. By Joh R. Ninosky, Esqui e Attorney I.D. No.: 78000 320 Market Street P.O. Box 1,268 Harrisburg,. PA 17108-1268 (717) 234-4161 Attorneys for Defendants 93686.1 C? , r 0 p U C= GJ "mot t L ? - -- 14 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 Defendants KEITH A. STAMY, Plaintiff VS. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE 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. By & Joh R. nosky, Attorney I.D. 78000 (717) 234-4161 DATE: GrI//!,3 Attorneys for Defendants RULE TO: Marcus McKnight,III, Esquire, Irwin, McKnight & Hughes, 60 West Pomfret Street, Carlisle, PA 17013, 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. r-\ DATE: +AL A, J-003 Curt Long, Prothonot 93726.1 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 Aed / , 2003: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. By ' John R. Ninosky, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 93728.1 .? c ?' . .; '` - , .. ??,? .? :? ? _ ??-.' ? rv r =? " _ ?, T r--. r7 ,:? -i-i ' i'i --i ? - ?J . G PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) KEITH A. STAMY, (Plaintiff) VS. DENISE L. NENNINGER and GORDON E. NENNINGER, (Defendant) No. 2002 Civil 4536 19 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiff's Complaint. 2. Identify counsel who will argue case: (a) for plaintiff: Marcus McKnight, III, Esquire Address: 60 West Pomfret Street Carlisle, PA 17013-3222 (b) for defendant: John R. Ninosky, Esquire Address: GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Boa 1268 Harrisburg, PA 17108-1268 3. I will notify all Parties in writing within two days that this case has been Listed for argument- 4. Argurent Court Date: July 23, 2003 At rney orLeIInants 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 s , 2003: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. B Jol/n R. Ninosky, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 93728.1 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN 6 SHIPMAN, P.O. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants tCGiTH A. STAMY, Plaintiff vs. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of 2003, upon consideration of Defendants' Preliminary Objections and Plaintiff's response thereto, it is hereby ordered that Defendants' Preliminary Objections are SUSTAINED. The following is stricken with prejudice from Paragraph 7 of Plaintiff's Complaint, "The Defendant was cited by the police for violating Roadways Laned for Traffic." Further, a DEMURRER is hereby entered with regard to Gordon E. Nenninger. BY THE COURT: J. John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants r,ni'lH A. STAMY, Plaintiff VS. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Denise L. Nenninger and Gordon E. Nenninger, by and through their counsel, Goldberg, Katzman & Shipman, P.C., who file these Preliminary Objections to Plaintiff's Complaint by respectfully stating the following: 1. This matter arises from an automobile accident which allegedly occurred on October 1, 2000, on Walnut Bottom Road, South Middletown Township. See Plaintiff's Complaint Paragraphs 3 and 4. 2. Plaintiff alleges, "The vehicle accident occurred as Denise L. Nenninger, driving a 1995 Ford Aerostar west on Walnut Bottom Road, attempted to turn left onto Eastgate Drive. The collision occurred as the Defendant turned through the center left lane, and into the lane in which the Plaintiff, Keith A. Stamy was travelling (sic)." Plaintiff's Complaint Paragraph 4. 3. Paragraph Seven (7) of Plaintiff's Complaint states, "The Defendant lost track of which lane she was travelling (sic) and drove into the path of the Plaintiff causing the collision. The Defendant was cited by the police for violating Roadways Laned for Traffic." (emphasis supplied) 4. Plaintiff alleges, "At the time of the accident, The Defendant, Gordon E. Nenninger, was a co-owner of the vehicle driven by Defendant, Denise L. Nenninger." Plaintiff's Complaint Paragraph 13. 5. Plaintiff alleges further, "At the time of the accident, the Defendant, Denise L. Nenninger was acting on behalf of Gordon E. Nenninger, as his agent. In the alternative, said Gordon E. Nenninger negligently entrusted the vehicle to Defendant, Denise L. Nenninger. He is therefore liable for the negligent actions of the Defendant, Denise L. Nenninger." Plaintiff's Complaint Paragraph 14. 6. Pennsylvania Rule of Civil Procedure 1028(a)(2) states, "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter." 7. Pennsylvania Rule of Civil Procedure 1028(a)(3) states, "Preliminary objections may be filed by any party to any pleading 2 and are limited to the following grounds: insufficient specificity in a pleading." 8. Pennsylvania Rule of Civil Procedure 1028(a)(4) states, "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: legal insufficiency of a pleading (demurrer)." 9. It is respectfully submitted that Plaintiff's allegation that "The Defendant was cited by the police for violating Roadways Laned for Traffic," is impertinent, because summary traffic convictions, much less citations, are not admissible at a civil trial. 10. It is respectfully submitted that a Demurrer should be entered with regard to Mr. Nenninger. Mr. Nenninger's status as a co-owner of an automobile with his wife does not expose Mr. Nenninger to liability. There are no facts alleged to support Plaintiff's conclusory allegations of agency or negligent entrustment. 11. In the alternative, Plaintiff's Complaint does not contain sufficient specificity with regard to Mr. Nenninger. Therefore, if a demurrer is denied, it is respectfully requested that Plaintiff file a more specific pleading with regard to Mr. Nenninger. 3 WHEREFORE, Defendants respectfully request that this Honorable Court sustain their Preliminary Objections. Specifically, it is respectfully requested that Plaintiff's allegation that Mrs. Nenninger received a police citation be stricken from the Complaint. Further, it is respectfully requested that a demurrer be entered concerning Mr. Nenninger. Alternatively, it is respectfully requested that Plaintiff be required to file a more specific pleading concerning Mr. Nenninger. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By Joh R. Ninosky, Esqui e I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendants Date: June 5, 2003. 96718.1 4 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 ` 4pte -s- , 2003: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. By eM Jo R. Ninosky, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 93728.1 c'? _ c- rr ??;:' - _. <_ , c-, _J .. .- \.'' S ?' c: -; a; ec ,:? v "'? (7i -4 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 Defendants KEITH A. STAMY, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1536 CIVIL ACTION - LAW DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants JURY TRIAL DEMANDED MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND FOR DOCUMENTS TO BE PRODUCED AND NOW, come the Defendants, by and through their counsel, Goldberg, Katzman & Shipman, P.C., who file this Motion to Compel by respectfully stating the following: 1. This matter arises from an automobile accident which allegedly occurred on October 1, 2000. 2. On April 2, 2003, Defendants forwarded Interrogatories and a Request for Production of Documents to the Plaintiff. A copy of the Interrogatories is attached hereto as Exhibit "A", and a copy of the Request for Production of Documents is attached hereto as Exhibit "B". 3. Plaintiff did not respond to these discovery requests. 4. By letter dated July 9, 2003, the undersigned counsel requested that discovery be forwarded within two (2) weeks of the date of letter. A copy of this letter is attached hereto as Exhibit "C" 5. No response has been forthcoming from Plaintiff with regard to this subsequent request for discovery responses. 6. Pennsylvania Rule of Civil Procedure 4019(a)(1)(i) states: 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. 7. Pennsylvania Rule of Civil Procedure 4019(a)(1)(vii) states: 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. 8. 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 an order of court respecting discovery. 9. 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, GOLDBERG, KAPZMAN & SHIPMAN, P.C. By Joh R. Ninosky, Esquir 320 Market Street P.O. Box 1:268 Harrisburg, PA 17108 Attorneys for Defendants Telephone: (717) 234-4161 Date: 98923.17/30% 3 ?1f?lt9ll?S'?'P?!?c! .ll;??in;?,,. r ,,,?^1n? T ? _. a,.? 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 Defendants KEITH A. STAMY, Plaintiff VS. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES PROPOUNDED BY DEFF 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. BY ,4 John nosky, 320 Market Street P.O. Box 1268 Harrisburg, Pennsylvania 17108 Attorneys for Defendants Telephone: (717) 234-4161 DATE : 111d /03 SCOPE. -- These standard interrogatories are for use in all matters subject to Rule 4001 of the Pennsylvania Rules of Civil Procedure. DEFINITIONS. -- The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to: (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or county); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title, and date; (b) its subject Matter; (c) its author's Identity; 2 (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) 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. 3 "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. 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 immunity 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 4 may provide copies of such documents with appropriate references to the corresponding interrogatories. 1. Personal information. -- State: a. Your full name; b. 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 marriage 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; e. Your present occupation and the name and address of your employer; f. Date of your birth; g. Your Social Security number; h. Your military service and positions held, if any; and i. The schools you have attended and the degrees or cert ificates awarded, if any. ANSWER: 6 2. 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: a. The name of the insurance carrier which issued the policy; b. The named insured under each policy and the policy number of each policy; C. The type(s) and effective date(s) of each policy; d. The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and e. Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER: 7 7. Reports of incident. -- Identify documents (except reports of experts subject to Pa. R.C.P. No. 9003.5) which describe the incident or the cause thereof. ANSWER: 12 8. Licensure -- If you were required by law or regulation to be licensed for the activity in which you were engaged at 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); d. The identity of the authority that issued your license(s); e. The number of your license(s); f. The nature and duration of any revocation or suspension of Your license(s); g. The special restrictions, if any, imposed on your license. ANSWER: 13 9. Criminal charges 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, state: a. The nature or type of such item; b. The date when such item was made; C. The identity of the person that prepared or made each item; and d. The subject that each item represents or portrays. ANSWER: 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: a. Each person, and the employer of each person, who conducted any investigation(s); and b. All notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: 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. -- Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: a. The subject matter about which the expert is expected to testify; and b. 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.) ANSWER: 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, magazines, etc. -- If you intend to use any book, magazine, or other such writing at trial, state: a. The name of the writing; b. The author of the writing; C. The publisher of the writing; d. The date of publication of the writing; and e. The identity of the custodian of the writing. ANSWER: 20 17. Iniuries and diseases alleged. -- 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; b. 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 d. 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: a. The identity of each hospital at. which you were treated or examined; b. The date on which each such treatment or examination at a hospital was rendered, and the charge by the hospital for each; C. The identity of each doctor or practitioner by whom you were treated or examined; d. The date on which each such treatment or examination by a doctor or practitioner was rendered. and the charge for each; and e. 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). ANSWER: 24 20. Earnings before the incident -- For the period of three years immediately preceding the date of the incident, state: a. 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; b. The dates of commencement and termination of each of your periods of employment or self-employment; C. The nature of your occupation in each employment or self-employment; and d. 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. ANSWER: 25 21. Earnings after the incident. -- If you have engaged in one or more gainful occupations subsequent to the date of the incident, state: a. 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; b. The dates of commencement and termination of each of your periods of employment or self-employment; C. The nature of your occupation in each employment or self-employment; d. 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; and e. 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). ANSWER: 26 22. Limitation 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: a. The duties and/or activities you have been unable to perform; b. The periods of time you have been unable to perform; and c. The identity of all persons having knowledge thereof. ANSWER: 27 23. Substance impairment. -- If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight hours immediately preceding the incident, state: a. The nature, amount, and type of item consumed; b. The amount of time over which consumed; C. The identity of any and all persons who have any knowledge as to the consumption of those items; and d. The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. ANSWER: 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: a. The identities of the owner(s) and operator(s) of each vehicle; b. The identity of the passenger(s) in each vehicle, if any; and c. The make, model, and year of each vehicle; ANSWER: 30 26. Motor vehicle damage. -- With respect to any vehicle you owned that was involved in the incident, state: a. The nature of any damage existing prior to the incident; b. The identity of any person who performed repairs to the vehicle following the incident; C. 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); d. The date and place of last state inspection prior to the incident and identify the person making said inspection; and e. The nature of any defect in or problem with the vehicle and the length of time such defect or problem existed. ANSWER: 31 27. Motor vehicle operation. -- With respect to the vehicle you operated or in which you were a passenger, state: a. The destination and the point and time of departure of the vehicle; b. The purpose of the trip or journey in the vehicle; C. The time and place of all stops and departures between the commencement of the trip or journey and the time of the incident; d. Whether the operator of the vehicle was familiar with the surrounding area of the incident; and e. The weather conditions at the time of the incident, including visibility and roadway conditions. ANSWER: 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 you ever been convicted of a crime? If so, please state: a. The nature of the conviction; b. The date of the conviction; C. The sentence imposed. ANSWER: Respectfully submitted, GOLDBERG, KATZZMAN & SHIPMAN, P.C. By 1S_ Jo n R. Ninosky, Esquire Attorney I.D. 78000 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendants 93740.1 34 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class, postage prepaid on the day of 2003, addressed to the following: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. Joh R. Nlnosky, Esqu' e By?G I.D.#: 78000 P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants Telephone: (717) 234-4161 93741.1 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 Defendants KEITH A. STAMY, Plaintiff VS. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 2002-4536 CIVIL ACTION - LAW . JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS 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, P.C., 320 Market Street, Harrisburg, Pennsylvania, within thirty (30) days from the date hereof, the following: 1. All 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. All 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. All 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. All documents prepared by you, or by any insurer, representative, agent, or anyone acting on 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. All medical records and/or bill, which you allege relate to the subject matter of this litigation. 6. All photographs of any item or thing involved in this litigation. 7. All of all statements as defined within Pa. R.C.P. 4003.4. 8. All statements and/or transcripts of interviews of fact witnesses obtained in this matter. 9. All documents identified in your= Answers to any Set of Interrogatories propounded by any party to this litigation. 2 10. All documents which you intend to rely upon or introduce at trial of this litigation. GOLDBERG, KATZMAN & SHIPMAN, P.C. By K Jo R. inosky, Esqui e Attorney I.D. #78000 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants DATE : 0/8 93741.1 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the day of 2003, addressed to the following: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. BY a?? /` ' `/.? _z6?GYl'/ John Ninos y, Esquire I.D.#: 78000 P.O. Box 1268 Harrisburg, PA 17108' Attorneys for Defendants Telephone: (717) 234-4161 93741.1 July 9, 2003 Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 In re: Stamy v. Nenninger No. 02-4536 Civil Term Dear Mr. McKnight: I note that discovery responses are overdue. Please provide answers to discovery within two weeks of this letter, or I will be forced to file a Motion to Compel. If you would like to discuss this matter in detail, please do not hesitate to give me a call. very truly yours, :John R. Ninosky JRN:mem 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 30 2003: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. ByJoh R. Ni.nosky, Esqui e Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 93728.1 r V T r ; _ `' AUG u 5 2003 KEITH A. STAMY, Plaintiff VS. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this (ate day of WuL , 2003, upon consideration of Defendants' Motion to Compel, and Plaintiff's response thereto if any, it is hereby ordered that Defendants' Motion is GRANTED. Plaintiff is hereby Ordered to gFeuide__ r'G,?nN? ? die N.nA..•, o4:G" cex 5,±=-- Tararovcrs to zrr[2rxag3L?Yids g produce oc enf9-10 within 3o days of this Order. Failure to comply with this Order will result in sanctions pursuant to Pennsylvania Rule of Civil Procedure 4001.9. R? v o3 98923.1 BY THE COURT: 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 Defendants, Denise L. Nenninger and Gordon E. Nenninger KEITH A. STAMY, Plaintiff V. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2202-4536 CIVIL TERM CIVIL ACTION - LAW 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, Defendants hereby certify that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served is identical to the subpoenas attached to the Notice Of Intent. GOLDBERG, KATZMAN & SHIPMAN By !?j4 f- A4, 4.¢ Yohn R. Ninosky, Esquire I.D. No. 07252 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants Date: g/?/D? 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 Defendants, Denise L. Ninninger and Gordon E. Nenninger KEITH A. STAMY, Plaintiff V. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2202-4536 CIVIL TERM CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Keith A. Stamy and Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendants intend to serve five subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas maybe served. GOLDBERG, KATZMAN & SHIPMAN By-? V { ?/ 4L -? tlohn R. Ninosky, Esquire I.D. No. 07252 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants Date: 7//l/0--3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEITH A. STAMY, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-4536 CIVIL TERM DENISE L. NENNINGER and CIVIL ACTION - LAW GORDON E. NENNINGER, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: an and all medical records correspondence reports and diagnostic test results pertaining to Keith Stamv (DOB 5/16/66 SS# 184 50 0375)at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. 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 Ninoskv Esguire ADDRESS: P.O. Box 1268 -Harrisburg PA 17108-1268 TELEPHONE: 717) 234-4161 SUPREME COURT ID # 78000 r DATE: ?, (j I of th Court (Eff. 7/97) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEITH A. STAMY, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 2002-4536 CIVIL TERM DENISE L. NENNINGER and CIVIL ACTION - LAW GORDON E. NENNINGER, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Community Ambulance (Name of Person or Entity) Within twenty (20) days after service 0f this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records correspondence reports and diagnostic test results pertaining to Keith Stamv (DOB 5/16/66• SS# 184 50 0375)at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. 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 Ninoskv Esguire ADDRESS: P.O. Box 1268 Harrisburg PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT ID # 78000 DATE: 4al J, 0 of th Court (Eff. 7/97) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEITH A. STAMY, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-4536 CIVIL TERM DENISE L. NENNINGER and CIVIL ACTION - LAW GORDON E. NENNINGER, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Graham Medical Clinic (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 diagnostic test results pertaining to Keith Stamv (DOB 5/16/66; SS# 184-50-0375). at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. 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. Ninoskv Esquire ADDRESS: P.O. Box 1268 Harrisburg PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT ID # 78000 DATE: , R OJ eal the Court (Eff. 7/97) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEITH A. STAMY, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-4536 CIVIL TERM DENISE L. NENNINGER and CIVIL ACTION - LAW GORDON E. NENNINGER, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Imaging Associates (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 diagnostic test results pertaining to Keith Stamv (DOB: 5/16/66• SS# 184-50-0375). at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. 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 Esguire ADDRESS: P.O. Box 1268 Harrisburg PA 17108-1268 TELEPHONE: (717)234-4161 SUPREME COURT ID # 78000 DATE: \ ? a ?3 S I of e Court (Eff. 7/97) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEITH A. STAMY, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-4536 CIVIL TERM DENISE L. NENNINGER and CIVIL ACTION - LAW GORDON E. NENNINGER, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS 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 diagnostic test results pertaining to Keith Stamv (DOB 5/16/66; SS#: 184-50-0375). at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. 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 Ninoskv Esquire ADDRESS: P.O. Box 1268 Harrisburg, PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT ID # 78000 DATE: J"' 3, d o V Y al of Court BY THE COURT: Prothonotary/CI k, evil Division 41, De duty (Eff.7/97) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy ofthe foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the ' / I ?h day of -?2? Lt? , 2003, addressed as follows: / Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN By V` !'Vib4W ohn R. Ninosky, Bsquire I.D. No. 07252 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy ofthe foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the day of AT_ 2003, addressed as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN BY r re I.D. No. 07252 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants ?? c? 7 c m { ... 1 fl '' .:a. ,t ' j ? ? ?_? .J ?.;: ? _? G_' . g1f1 i . A"' ?? r" ( ?. CX1 < KEITH A. STAMY, Plaintiff VS. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUVTY, PENNSYLVANIA 02-4536 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANTS BEFORE HOFFER, P.J. AND HESS ORDER AND NOW, this -217' day of August, 2003, the preliminary objection of the defendants in the nature of a motion to strike paragraph 7 of the plaintiff's complaint is GRANTED. The preliminary objection of the defendants in the nature: of a request for more specific pleading is GRANTED and the plaintiff is given twenty (20) days within which to file an amended complaint and in the event an amended complaint is not filed within twenty (20) days, the defendant, Gordon E. Nenninger, shall be deemed dismissed from the case. The remaining preliminary objections of the defendants are DENIED. BY THE COURT, Marcus McKnight, III, Esquire For the Plaintiff L,166 R. Ninosky, Esquire For the Defendants Arn KEITH A. STAMY, Plaintiff VS. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4536 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANTS BEFORE HOFFER, P.J. AND HESS, J. OPINION AND ORDER In this case, the defendants have raised several preliminary objections to the plaintiff s complaint. They contend that the pleading is legally insufficient, insufficiently specific and contains impertinent matter. All of these, of course, are proper bases for preliminary objections. See Pa.R.C.P. 1028. Nonetheless, preliminary objections, the end result of which would be the dismissal of a cause of action, should be sustained only in cases that are clear and free from doubt. Bower v. Bower, 611 A.2d 181 (Pa. 1982). This case arises out of an automobile accident which occurred on October 21, 2000, on Walnut Bottom Road in South Middleton Township. (Plaintiffs Complaint, para. 3 and 4) The plaintiff alleges that the accident occurred "as Denise L. Nenninger, driving a 1995 Ford Aerostar west of Walnut Bottom Road, attempted to turn left onto Eastgate Drive." (Plaintiff s Complaint, para. 4) The complaint further alleges that, "[a]t the time of the accident, the Defendant, Denise L. Nenninger was acting on behalf of Gordon E. Nenninger, as his agent. In the alternative, said Gordon E. Nenninger negligently entrusted the vehicle to Defendant, Denise L. Nenninger. He is therefore liable for the negligent actions of the Defendant, Denise L. Nenninger." b1NHI?lABAlR13d P'l :p ?,;.rana , ,i.l . 02-4536 CIVIL The defendant first demurs to any cause of action based on agency or negligent entrustment. Defendants argue that the plaintiff must allege facts which demonstrate that Mr. Nenninger was himself negligent, or that Mrs. Nenninger was actually an agent or employee of Mr. Nenninger in such as a way as to demonstrate vicarious liability. It is well established, however, that recovery may be had against the principle for the negligent acts of an agent. The question presented by demurrer is whether, accepting averments as true, the law says with certainty that no recovery is possible. Warner v. Plater-Zyberk, 799 A.2d 776 (Pa.Super. 2002). Given the plaintiff s allegations, it cannot said, with certainty, that recovery is impossible. We do agree, however, with the defendants that the allegations of agency or negligent entrustment are pled with insufficient specificity. In fact, the complaint contains mere general assertions in those regards and no facts are pled which support the allegations. We will, therefore, sustain the preliminary objection with respect to the insufficient specificity of this pleading and permit the plaintiff to file an amended complaint but, in default thereof, to suffer dismissal of the count against Mr. Nenninger. Also, pending is the preliminary objection of the defendant with respect to the inclusion of scandalous and impertinent matter. The defendants except to the allegation of the plaintiff that Mrs. Nenninger was cited for a traffic violation following a police investigation of the accident. The plaintiff, both at oral argument and in his brief, has agreed to the entry of an order striking this allegation. ORDER AND NOW, this 29' day of August, 2003, the preliminary objection of the defendants in the nature of a motion to strike paragraph 7 of the plaintiffs complaint is GRANTED. 02-4536 CIVIL The preliminary objection of the defendants in the nature of a request for more specific pleading is GRANTED and the plaintiff is given twenty (20) days within which to file an amended complaint and in the event an amended complaint is not filed within twenty (20) days, the defendant, Gordon E. Nenninger, shall be deemed dismissed from the case. The remaining preliminary objections of the defendants are DENIED. BY THE COURT, Z?- X,Z' Kevi A. Hess, J. Marcus McKnight, III, Esquire For the Plaintiff John R. Ninosky, Esquire For the Defendants Am John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN 6 SHIPMAN, Y.C. 320 Market street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant KEITH A. STAMY, Plaintiff VS. DENISE L. NENNINGER, Defendant TO THE PLAINTIFF: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE 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. GOLDBERG, KA'TZMAN 6 SHIPMAN, P.C. By Jo R. Nin?oskky ,`"'y , Es ire I.D. No. 78000 320 Market Street P.O. Box 1:268 Harrisburg„ PA 17108-1268 (717) 234-4161 Attorney for Defendant Date: 95868.1 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant KEITH A. STAMY, Plaintiff VS. DENISE L. NENNINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 2002-4536 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO THE PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, by and through her counsel, Goldberg, Katzman 6 Shipman, P.C., who file this Answer with New Matter by respectfully stating the following: 1. Denied. After reasonable investigation the Defendants are 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 in part, denied in part. It is admitted that Defendant is an adult individual with the :Mated address. It is denied that Gordon Nenninger is a part of this case. See August 29, 2003 Order by Judge Hess. 3. The averments contained in Paragraph 3 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. 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. 5. The averments contained in Paragraph 5 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. 6. The averments contained in Paragraph 6 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. 7. Omitted by Order issued by Judge Hess on August 29, 2003. 8. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 9. The averments contained in Paragraph 9 are conclusions of law and fact to which no response is required. If a response 2 is deemed to be required, the averments contained therein are specifically denied. 10. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 11. Denied. This paragraph, including subparagraphs a-f, are denied pursuant to Pa. R.C.P. 1029(e). 12. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 13. Admitted. 19. 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. By way of further answer, Gordon Nenninger has been dismissed from this case. 15. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 16. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 17. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in her favor and respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint with prejudice. 3 NEW MATTER 18. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 19. Plaintiff's claim and/or alleged. loOsses may be barred by the applicable statute of limitations. 20. Plaintiff may have failed to mitigate his damages, if any, with any responsibility or liability on the part of the Defendants being expressly denied. 21. This action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law. 22. Plaintiff's claims may be barred or limited by the "limited tort" option pursuant to 75 P.A.C.S.A. § 1705 et. sec. 23. That the accident and any injuries sustained by Plaintiff may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 24. That if it should be found that there was any negligence on the part of the Defendants, which negligence is expressly denied, any negligence was not a proximate cause of any damages to the Plaintiff. 25. That the alleged accident may have been unavoidable. 26. That the alleged accident may have been caused by a sudden emergency. 4 27. That if the Plaintiff suffered the injuries alleged in his Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiff or to recover in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 28. Plaintiff may have assumed the risk of the injuries allegedly sustained. WHEREFORE, Defendant demands judgment in her favor and respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint with prejudice. Respectfully submitted, GOLDBERG, KA'rZMAN 6 SHIPMAN, P.C. By, ?f Joh R. inosky, Esq ire I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg,. PA 17108-1268 (717) 234-4161 Attorney for Defendants Date: 95868.1 5 VERIFICATION I, DENISE L. NENNINGER, hereby acknowledge that I am the Defendant in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. D IS?L.'I?NIN Date: 6 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 93-, 2003: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. By G? ?'?1/?c.?.? Jolfn R. Ni:nosky, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1:268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 93726.1 ?' L7 Z 0:7 f1? v'*1 _.,? is art;' ;! -0 i-t `i? ?._ . -('-i "?!'? ('> r n? ? _ i [?_. , ti? -? cn John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants KEITH A. STAMY, Plaintiff VS. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT IN FAVOR OF GORDON E. NENNINGER TO THE PROTHONOTARY: Kindly enter judgment in favor of Gordon E. Nenninger in that no Amended Complaint was filed pursuant to the attached Order of Judge Hess. DATE : 101053. -* ayld CUT i PL , ?- P1 ff. GOLDBERG, KATZMAN & SHIPMAN, P.C. By?(C? Jo R . Ninosky, Esq re Attorney I.D. 78000 (717) 234-4161 Attorneys for Defendants 'P I"- t-1, ccko--?LtC" t4,-;c, S-0 C*Jc' "y ? ]"S KEITH A. STAMY, Plaintiff Vs. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4536 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANTS BEFORE HOFFER, P.J. AND HESS, J. ORDER AND NOW, this 19 d day of August, 2003, the preliminary objection of the defendants in the nature of a motion to strike paragraph 7 of the plaintiff s complaint is GRANTED. The preliminary objection of the defendants in the nature of a request for more specific pleading is GRANTED and the plaintiff is given twenty (20) days within which to file an amended complaint and in the event an amended complaint is not filed within twenty (20) days, the defendant, Gordon E. Nenninger, shall be deemed dismissed from the case. The remaining preliminary objections of the defendants are DENIED. BY THE COURT, Marcus McKnight, III, Esquire For the Plaintiff John R. Ninosky, Esquire For the Defendants K7 Hess, J. :rlm 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 .?i a9 , 2003: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. i ByPinky, John R. Es?uire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Let w I ? ) _ 7 i 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 KEITH A. STAMY, Plaintiff V. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2202-4536 CIVIL TERM CIVIL ACTION - LAW 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, Defendants hereby certify that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoena has been received; and (4) The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. GOLDBERG, KATZMAN & SHIPMAN By /?. t? t?2 rtlcuea !' Jon R. Ninosky, Esquire I.D. No. 07252 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants Date: 5IIA10 f John R. Ninosky, Esquire 1.D.#78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.D. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 KEITH A. STAMY, Plaintiff V. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL TERM CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Keith A. Stamy and Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendants intend 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 BY ??ZI John R. Ninosky, Esquire I.D. No. 07252 320 Market Street P.O. Box 1268 Harrisburg;, PA 17108 Attorneys for Defendants Date: Alm pq COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND kEITH A. STAMY, Plaintiff V. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-45:36 CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HealthSouth Rehabilitation 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 diagnostic test results pertaining to Keith A Stamv (DOB 5/16/66 SS# 184-50-0375. at Goldberg Katzman & Shipman P C 320 Market Street P.O. Box 1268. Harrisburg PA 17108-1268. 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 Ninoskv Esguire ADDRESS: P.O. Box 1268 Harrisburg PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT ID # 78000 DATE: 3/ Seal of the Court (Eff. 7/97) BY THE COURT 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, certified, postage prepaid, at Harrisburg, Pennsylvania, on the 1 day of JCt /?/ / 2004, addressed as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 GOLDBERG, KA'TZMAN & SHIPMAN By k *AL" John R. Nirrosky, Esquire I.D. No. 07252 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants 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, certified, postage prepaid, at Harrisburg, Pennsylvania, on the ,ash day of_Mp?rch , 2004, addressed as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN By John R. Ninosky, Esquire v I.D. No. 07252 320 Market. Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants *"'? ( 7 Lam? , "i 't t .i'? .-t '.. -n ?:;?-- -n - ?'.?.. W .'.:??C.?. . , ...:: f`` ` -_, (Y Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KEITH A. STAMY, Plaintiff V. DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants TO THE PROTHONOTARY: Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBE=RLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Kindly change the address and telephone number of John R. Ninosky, Esquire, counsel for Defendants, to Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043- 0109, telephone (717) 761-4540.. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By:' Joh?4 w4 4EVmosky, E4 squire- Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: Attorneys for Defendants :233646.1 /6! v y CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing document was served upon the other parties of record by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on (RA6, ?-: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: ohn R. inosk t, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants :233749.1 Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com KEITH A. STAMY, Plaintiff V. DENISE L. NENNINGER and GORDON E. NENNINGER Defendants Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL TERM CIVIL ACTION - LAW 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, Defendants hereby certify 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 (20) days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoena, is attached to this Certificate; (3) There is no objection to the subpoena and the twenty (20) day rule has been waived, therefore there is no delay in serving the subpoena; (4) A copy of correspondence to Plaintiff's attorneys, confirming that there are no objections to the subpoena and the twenty day notice has been waived, is attached to this Certificate; and (5) The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: 01-410 JERRY R. DUFFIE RICHARD W STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JEFFERSON J. SHIPMAN RALPH H. WRIGHT, JR. MARK C. DUFFLE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY L A W O F F I C E S JOWSON DUFFIE September 3, 2004 Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West' Pomfret Street Carlisle, PA 17013-3222 Re: Keith Stamy v. Denise & Gordon Nenninger Dear Mr. McKnight: OF COUNSEL HORACE A. JOHNSON F LEE SHIPMAN BRUCE J. GROSSMAN' 'admitted in NY only li`lil'PF.Ti :i F;gq, N(l. I d:+i E-AIML SbSI1 idsw.com. This letter confirms my telephone conversation of September 1, 2004, with Martwhich she informed me that you have no objections to our subpoena to David C. Baker, M. Y in D., for his records relative to Keith Stamy. I would also like to confirm that you have waived the twenty (20) day waiting period for service of this subpoena. Enclosed is the Certificate Prerequisite to Service of a Subpoena relative to Dr. Baker's records which we intend on filing with the court. Thank you for your cooperation in this matter. Enclosure Very truly yours, JOHNSON, DUFFIIEE, STEWAR?T?&??? WEIDNER Susan M.Ladeda Paralegal to John R. Ninosky 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Johnson, Duffie, Stewart & Weidner BY: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jm@jdsw.com KEITH A. STAMP, Plaintiff V. DENISE L. NENNINGER and GORDON E. NENNINGER Defendants To: Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL TERM CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Keith A. Stamy and Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 PLEASE TAKE NOTICE that Defendants intend 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. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By' .44 a J hn R. Nmosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (7.17) 761-4540 Date: Attorneys for Defendant g/3o?p? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEITH A. STAMY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA OF vs. DENISE L. NENNINGER and NO. 2002-4536 CIVIL TERM GORDON E. NENNINGER, Defendants CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ?avirl r (Name of Person or -ty Enti) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: an and all medical records cnrro test results ertainin to Keith A. Stam 5/16/66 SS#184-50-0375 . ndencere orts and diagnostic at Johncnn n,.rc:_ _ - ?vlnoyne PA 17neo You may deliver or mail legible copies of the documents or - produce 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 thetcopiestor producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: John R. Ninosk Es uire . 301 Market Street TELEPHONE: Lemoyne PA 17043 SUPREME COURT ID #: 717-761-4540 78000 BY THE COURT: DATE: -gL Seal of t e Court z Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) CERTIFICATE OF SERVICE I' hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisbur 9, Pennsylvania, 2004. 1j - Marcus McKnight, III, Esquire Irvin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 on the 30 day of JOHNSON, DUFFIE, STEWART & WEIDNER By. R /V Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of -7 ?? ? , 2004: Marcus McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 JOHNSON, DUFFIE, STEWART & WEIDNER By. Q4 dc ?V Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant ?J <7 C r m - T '° _ `? Sri Irwin & McKnight By: Marcus A. McKnight, Esquire I.D. No. 25476 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 KEITH A. STAMY, V. Plaintiff DENISE L. NENNINGER and GORDON E. NENNINGER, Defendants PRAECIPE TO THE PROTHONOTARY: Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4536 CIVIL ACTION - LAW JURY TRIAL DEMANDED Kindly mark the docket in the above captioned matter SETTLED and DISCONTINUED WITH PREJUDICE. Respectfully submitted, IRWIN & McKNIGHT By: (:Z7- Marc ig'fifif; uire Att ey I.D. :No. 25476 6 West Pomt Street C isle, PA 013-3222 Telep ) 249-23 Attorneys for ain i Date: APRIL 28, 2008 329643 am- c , 0 n C?Q t'r c r co .. ,"y? r=r a , w _