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HomeMy WebLinkAbout02-4934IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW TIFFANY KERCHNER, Plaintiff VS. NANCY WEILER, Defendant Docket No. (~. -- 2/92t/ JURY TRIAL DEMANDED NOTICE. YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE, PERSONALLY OR BY AN ATTORNEY, AND FILING 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 JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Taryn Dixon, Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW TIFFANY KERCHNER, Plaintiff VS. NANCY WEILER, : Defendant : JURY TRIAL DEMANDED COMPLAINT. AND NOW comes the Plaintiff, Tiffany Kerchner, by and through her undersigned counsel, and complains upon the Defendant upon causes of action of which the following is a statement: 1. The Plaintiff, Tiffany Kerchner, is an adult individual who resides at 25 Skyline Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Nancy Weiler, is an adult individual who resides ta 496 East Penn Drive, Enola, Cumberland County, Pennsylvania. 4. On December 18, 2001, the Plaintiff, Tiffany Kemhner, was operating her vehicle in the southbound lane of Trindle Road in Hampden Township, Cumberland County, Pennsylvania. 5. The Defendant, Nancy Weiler, was operating a vehicle owned by David Weiler directly behind the Plaintiff. 6. As Plaintiff, Tiffany Kerchner, slowly and carefully brought her vehicle to a stop and applied her left turn signal in an attempt to make a left hand turn, the Defendant rear-ended Plaintiff's vehicle. COUNT I ..TIFFANY KERCHNER VS. _NANCY WEILER NEGLIGENCE. 7. The averments of paragraphs 1 through 6, inclusive, are incorporated herein as though set forth fully at length. 8. The December 18, 2001 accident, as described more fully above, was caused by the negligence of the Defendant, Nancy Weiler, said negligence consisting of the following.' (a) failing to proceed forward with caution on Trindle Road in Hampden Township, Cumberland County, Pennsylvania; (b) failing to keep the vehicle under safe and proper control; (c) allowing the vehicle to collide into the rear of Plaintiff's vehicle; (d) failing to maintain control of her vehicle; (e) being inattentive; (f) failing to stop his vehicle before colliding with Plaintiff's vehicle; and, (g) failing to bring her vehicle to a stop within the assured, clear distance ahead. 9. As a result of Defendant, Nancy Weiler's negligence, the Plaintiff, Tiffany Kerchner, sustained serious personal injuries, which injuries consist of the following: (a) Disc protrusion at L5-S 1 level; (b) LS-S 1 radiculopathy; and, (c) hemilaminectomy (surgery to remove the L5-S 1 disc protrusion). 10. As a result of Nancy Weiler's negligence, Plaintiff incurred unnecessary medical 2 expenses, and will continue to incur medical expenses into the future. 11. As a result of Defendant's negligence, Tiffany Kerchner has suffered financial damages, including a loss of employment, and will continue to suffer financial damages into the indefinite future. 12. As a result of Defendant's negligence, Tiffany Kerchner has experienced a loss of life's pleasures, embarrassment, frustration and humiliation and will continue to suffer the same into the indefinite future. 13. As a result of the Defendant's negligence, Tiffany Kerchner has experienced physical and mental pain and suffering, all of which may be permanent in nature. WHEREFORE, the Plaintiff, Tiffany Kerchner, respectfully requests this Honorable Court to enter judgment in her favor and against the Defendant, Nancy Weiler, in an amount in excess of the arbitration limits for the Court of Common Pleas of Cumberland County, together with interest and costs associated with this litigation. Respectfully submitted, RILEY AND FANELLI, P.C. MES,J~A~ILEY, ESQUIRE I.D. NO. 21149 ALBERT J. EVANS, ESQUIRE I.D. NO. 68872 The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 (570) 622-2455 3 VERIFICATION I, ALBERT J. EVANS, ESQUIRE, verify that I am counsel for the within Plaintiff and that I am authorized to make this verification and that the Plaintiff is unavailable to do so within the time required for the pleading to be filed and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements in the foregoing pleading are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: ALBERT J.~V'~NS, ESQUIRE - Counsel for Plaintiff TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCF TO THE PROTHONOTARY: Please enter the appearance of W. Darren Powell, Esquire, of the law firm of Thomas, Thomas & Haler, LLP, as counsel for Defendant Nancy Weiler, in the above matter. DATED: October 17, 2002 THOMAS,(,~._~_~,~THOMAS & HAFE .~~ ~ By: _ W. Darren Powell, Esquire I.D. No. 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attomeys for Defendant (717) 237-7154 CERTIFICATE OF SERVICE I, Kim M. Lehman, a secretary employed by Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing Entry of Appearance was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: James J. Riley, Esquire Albert J. Evans, Esquire Riley and Fanelli, P.C. The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 DATED: October 17, 2002 SHERIFF'S RETURN - CASE NO: 2002-04934 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KERCHNER TIFFANY VS WEILER NANCY REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEILER NANCY the DEFENDANT at 496 EAST PENN DRIVE ENOLA, PA 17025 at 1711:00 HOURS, on the 16th day of October , 2002 by handing to NANCY WEILER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /~ day of ~~solitary ~ So Answers: R. %'homas Kline Y - 10/17/2002 ~ RILEYBy: & FANEL~~ DepuTy Sheriff TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIALDEMANDED NOTICE TO PLEAD TO: Albert J. Evans, Esquire Riley and Fanelli, P.C. The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 SIR: You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Dated: October 23, 2002 ,-~~O~~OMAS & HA~LP W. Darren Powell, Esquire I.D. #68953 P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 237-7154 TIFFANY KERCHNER, Plaintiffs NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes Defendant, Nancy Weiler, and by and through her attorneys, Thomas, Thomas & Hafer, LLP, and files this Answer with New Matter to Plaintiff's Complaint, averring as follows: 1. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or veracity of these averments and, therefore, the same are denied with strict proof thereof demanded. 2. Admitted. 3. The Complaint does not contain a Paragraph No. 3 and, therefore, no response is required. 4. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 5. Admitted in part, denied in part. Defendant owned the referenced vehicle jointly with David Weiler. The remaining averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). herein as those same were set forth at length herein and hereafter. 8. Denied. The averments contained in Paragraph 6. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 6. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). COUNT I TIFFANY KERCHNER VS. NANCY WEILER NEGLIGENCE Paragraphs 1 through 6 of this Answer with New Matter are incorporated 8(a)-(g) constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response to these averments are necessary the same are denied pursuant to Pa. R.C.P. 1029(e). 9. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response to these averments are necessary the same are denied pursuant to Pa. R.C.P. 1029(e). 10. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response to these averments are necessary the same are denied pursuant to Pa. R.C.P. 1029(e). 11. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response to these averments are necessary the same are denied pursuant to Pa. R.C.P. 1029(e). 12. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response to these averments are necessary the same are denied pursuant to Pa. R.C.P. 1029(e). 13. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response to these averments are necessary the same are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Nancy Weiler respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiff's Complaint. NEW MATTER 14. Plaintiff's claims and/or damages may be reduced and/or barred by the applicable doctrines of comparative and/or contributory negligence. 15. Plaintiff's damages may be barred and/or diminished by the applicable previsions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 16. Plaintiff may be barred from pursuing non-economic damages in the event she is bound by the limited tort election. 17. PlaintifFs claims may be barred to the applicable statute of limitations. WHEREFORE, Defendant respectfully requests that judgment be entered in her favor and against Plaintiff. Dated: October 23, 2002 W. Darren Powell, Esquire i.D. #68953 P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 237-7154 TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIALDEMANDED VERIFICATION I, Nancy Weiler, Defendant herein, verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. {}4904, relating to unsworn falsification to authorities. Dated: October ;ti , 2002 Nancy ~/eiler TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIALDEMANDED CERTIFICATE OF SERVICE I, Klm Lehman, a secretary employed by the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Albert J. Evans, Esquire Riley and Fanelii, P.C. The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 Dated: October 23, 2002 im Lehman TIFFANY KERCHNER, Plaintiffs V, NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days in advance of this Certificate; 2. No objections to the subpoenas have been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. Date: THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 237-7116 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGR FOR DISCOVERY PURSUANT TO RULE 4009-~ TO: Nationwide Insurance Company, P.O. Box 1808, Columbus OH 43272-4135 (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: Complete copies of the entire claims and investiqative file for claim numbers 58 37 C 104615 06/18/97 and 58 37 C 104615 12/18/01 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 9991 Harrisburq, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the dght 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: W.Darren Powell, Esquire ADDRESS: P.O. Box 999, HarrisDurg, PA i7108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: _(~)~'~r- ,,~, ~:~A.. Seal of the C~ourt Prot~onota~?Cle~, Ci{~i~ [~i'v~:m~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIFFANY KERCHNER, Plaintiffs NANCY WEILER, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGR FOR DISCOVERY PURSUANT TO RULE 4009-~P TO: Liberty Mutual Insurance Company, 18 Sentry Park West, Blue Bell, PA 19422 (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: Complete copies of the entire claims and investi.qat ve file for claim numbers 58 37 C 104615 06/18/97 and 58 37 C 104615 12/18/01 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisbur.q, PA 17108 0999 ' (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the dght 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 parbj 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: W.Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-099~ TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: Seal of the CoUrt BY THE COURT: Pr~th~nota-ry/clerk, CiviI-D'~..,~n ~--~DePuty ~ - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THIN(~-~ FOR DISCOVERY PURSUANT TO RULE 4009r~ TO: Neurological Surgery Ltd., 920 Century Drive, Mechanicsburg, PA 17055-8404 (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: Complete copies of any and all medical records, billinqs, reports, correspondence, note.% memoranda and diaqnostic studies, both inpatient or outpatient regard nq Tiffany Kerchner, Date of Birth · 02/19/80; S.S. No.: 169-70-1362 at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburq, PA 17108 O999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the dght 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: (~<~:~ ,2A/. ,-A~',~. Seal of the Codrt "' BY THE COURT: Pro~6n~ar~/Clerk, Civil Div'~l- Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIFFANY KERCHNER, Plaintiffs Vo NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THING~ FOR DISCOVERY PURSUANT TO RULE 4009.2:~ TO: Burick Internal Medicine Associates, 4410 Linglestown Road, Harrisburg, PA 17112 (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: Complete copies of any and all medical records, billinqs, reports, correspondence, notes, memoranda and dia.qnostic studies, both inpatient or outpatient reqardinq Tiffany Kerchnef Date of Birth · 02/19/80; S.S. No.: 169-70o1362 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 O999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the dght 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: W.Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: ~ .2¢; D_~:~,A, Seal of the Court - BY THE COURT: Protl~onotary/Clerk~ Civ~ision Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,?? TO: Magnetic Imaging Center, 4665 E. Tdndle Road, Mechanicsburg, PA 17050 (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: Complete copies of any and all medical records, billinqs, reports, correspondence, notes, memoranda and diaqnostic studies, both inpatient or outpatient reqardin.q Tiffany Kerchner, Date of Birth - 02/19/80; S.S. No.: 169-70-1362 at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisbur.q, PA 17108 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the dght 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: W.Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 A'I-I'ORNEY FOR: Defendant DATE: ~"-...~ ~,,? ~. Sealofthe Cou~ - BY THE COURT: Prothonotary/Clerk, Civil I~ion E~ep~ty ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIFFANY KERCHNER, Plaintiffs NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009-~P TO: Orthopedic Institute of Pennsylvania, 875 Poplar Church Road, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of the entire claims and investiqative file for claim numbers 58 37 C 10461:-, 06/18/97 and 58 37 C 104615 12/18/01 at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburq, PA 17108 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the dght 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; W.Darren Powell, Esauire ADDRESS: P.O. B~>x 999, Harrisburg, PA 17~08-09S'~ TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE:_(~'~'~ ¢~, ,.2~3r'~_ Seal of the C~3urt BY THE COURT: Pro~honotary/Olerk, C~vil ~'~n Deputy - TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kristy L. House, a paralegal employed by the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Albert J. Evans, Esquire Riley and Fanelli, P.C. The Necho Allen No. I Mahantongo Street Pottsville, PA 17901 Kris~y L. Hou~ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW TIFFANY KERCHNER, Plaintiff VS. NANCY WEILER, Defendant NO. 02-4934 JURY TRIAL DEMANDED REPLY TO NEW MATTER 14. Denied. The allegations in paragraph 14 are conclusions of law to which no answer is required, however, if an answer is required it is denied that Plaintiff was negligent. 1 5. Denied. The allegations in paragraph 1 5 are conclusions of law to which no answer is required, however, if an answer is required it is denied that Plaintiff's damages are barred or diminished by the Pennsylvania Motor Vehicle Responsibility Law. 16. Denied. The allegations in paragraph 16 are conclusions of law to which no answer is required, however, if an answer is required it is denied that Plaintiff is bound by the limited tort option. 1 7. Denied. The allegations in paragraph 1 7 are conclusions of law to which no answer is required, however, if an answer is required it is denied that Plaintiff's claim is barred by the statute of limitation~s. WHEREFORE, in the interest of justice, Plaintiff respectfully requests this Honorable Court enter judgment in her favor and against the Defendant together with interest and costs thereon. Respectfully submitted, RILEY AND FANELLI, P.C. ALIBERT J. E~ANS,'X,ESQUIRE Attorney I. D.'#.,.6.~ 72 The Necho Allen No. 1 Mahantongo Street Pottsville, PA 1 7901 (57'0) 622-2455 Attorney for Plaintiff, Tiffany Kerchner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW TIFFANY KERCHNER, : Plaintiff : : VS. : : NANCY WEILER, : Defendant : NO. 02-493,4 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Reply To New Matter was served this date by depositing same in the Post Office at Pottsville, Pennsylvania, first class mail, postage prepaid, addressed as follows: W. Darren Powell, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 1 7108-0999 December ALBERT J. EVANS, ESQUIRE Attorney for Plaintiff, Tiffany Kerchner Dated: . ,2002 TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days in advance of this Certificate; 2. No objections to the subpoenas have been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. Date: THOMAS, THOMA~ER, LLP 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve a Subpoena identical to the one 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. DATE: I/?_0 / ~'~' W. D~Esquim I.D. No. 68953 Attorneys for Defendant 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIFFANY KERCHNER, Plaintiffs V, NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital, 111 South Front Street, Harrisburg, PA 17101 (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: Complete copies of any and all medical records, billinqs, reports, correspondence, notes, memoranda and diaqnostic studies, both inpatient or outpatient reqardinq Tiffany Kerchner, Date of Birth: 02/19/80; S.S. No.: 169-70-1362 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply-with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W.Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kdsty L. House, a paralegal employed by the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Albert J. Evans, Esquire Riley and Fanelli, P.C. The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 ~'l~risty' L. Hous~) TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kathryn G. Beaty, a paralegal employed by the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Albert J. Evans, Esquire Riley and Fanelli, P.C. The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 Dated: /II .~_.~ TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days in advance of this Certificate; 2. No objections to the subpoenas have been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMA~'~R, LLP Date: W. DaF(en Powell, Esquire' -~ 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 211225-2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THING~ FOR DISCOVERY PURSUANT TO RULE 4009.;~ TO: Conrad G. Maulfair, Maulfair Medical Center, 403 N. Main St., Topton, PA 19562 (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: Complete copies of any and all medical records, billings, repoKs, correspondence, notes, memoranda and diaqnostic studies, both inpatient or outpatient regarding Tiffany Kerchner, Date of Birth · 02/19/80; S.S. No.: 169-70-1362 ' ' at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W.Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: ~r~, [. ,~, ;~._~3~¢_~ Se&liof th~-Coui't BY THE COURT: Protho~otary/-Clerl~, Ci~"Di~/is~ TIFFANY KERCHNER, Plaintiffs V. NANCY WEILER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kristy L. House, a paralegal employed by the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Albert J. Evans, Esquire Riley and Fanelli, P.C. The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sut~nitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAhD COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire captionmust be stated in full) (check one) (X) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) (Plaintiff) vs. NANCY WEIT,'P~ vs. (Defendant) Theand trial /l~t Iwill~ 7 called03 on Trials con~ence on {/ t')--/ Pretrials will be held on ~ /~ / (~iefs are due 5 days ~fore~p~trf~s. ) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 02 Civil 4934 19 Indicate the attorney who will try case for the ~rty who files this praecipe: Albert J. Evans, Esquire, Attorney for Plaintiff Indicate trial counsel for other parties if known.: W. Darren Powell, Esquire, Attorney for Defendant This case is ready for trial. Date: Novealber 20, 2003 Print Name: Albert J. Evans~ Esquire Attorney for': Plaintiff 15. Tiffany Kerchner V Nancy Weiler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4934 CIVIL TERM ORDER OF COURT AND NOW, December 11, 2003, counsel having failed to call the above case for trial, the case is stricken from the January 12, 2004 trial term. Counsel is directed to relist the case when ready. ~Albert J. Evans, Esquire For the Plaintiff fvV. Darren Powell, Esquire For the Defendant Court Administrator ld By the Court, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE pNDTHONOTARY OF CUMBE~ COUNTY Please list the following case: ( Check one ) CAPTION OF CASE ( X ) for JURY tri~Ll at the next term of civil court. ( ) for trial without a jury. (entire caption must be stated in full) ( check one ) (X) Civil Action - Law ( ) Appeal from Arbitration ( ) TIFFANY KERC~NER, (other) ( Plaintiff ) vs. NANCY WEILER, vs. ( Defendant ) The trial list will be called on April 6, 20~ and Trials commence on May 3, 2004 Pretrials will be held on April 14, 2004 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 02 Civil 4934 19 Indicate the attorney who will try case for the party who files this praecipe: Albert J. Evans, Esquire, Attorney for Plaintiff Indicate trial counsel for other parties if known: W. Darren Powell, Esquire, Attorney for Defendant This case is ready for trial. Print Name: Alber~J. Evans, Esquire Attorney for: Plaintiff 13 TIFFANY KERCHNER, Plaintiff V. NANCY WEILER, Defendant IN THE COURT OF CONLMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-49214 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the ~--~~ Honorable Edward E. Guido, Judge, on Wednesday, April ;;3 2004. Present for the Plaintiff was Albert J. Esquire, and present for the Defendant was W. Esquire. Darreh' Po~Ai~ ~S This is a rear end collision in which both liability and damages are at issue. Defendant does, however, indicate that liability may be admitted, or if not liability, negligence admitted and causation placed in issue. There are no scheduling coflicts. The parties estimate that the case will take two to three days to try. Several legal issues were raised in the pretrial statements. The parties are directed to bring these issues to the attention of the trial judge and any other issues they wish to raise in the form of motions in limine. All such motions in limine, together with supporting authority, shall be filed by April 23, 2004. Any responses, with supporting authority, shall be filed by April 30, 2004. The motions and responses shall be filed with the court administrator who shall then forward them to the trial judge · The parties appear to be worlds apart in their negotiations; therefore, settlement is not likely. By the Court, Edward E. Guido, J. Albert J. Evans, Esquire For the Plaintiff W. Darren Powell, Esquire For the Defendant Court Administrator :lfh TIFFANY KERCHNER, Plaintiff VS. NANCY WEILER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-493,4 CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE To the Prothonotary: Please mark the above case settled and discontinued. ALBERT J. ~EV~NS, ESQUIRE Attorney I.~1~.# 68872 Riley and Fanelli, P.C. The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 (570) 622-2455 Attorney for Plaintiff Dated: April 27, 2004 CERTIFICATE OF SERVICF I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Albert J. Evans, Esquire Riley and Fanelli, P.C. The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 Dated: May 5, 2004 THOMAS, THOMAS & HAFER, LLP B'arbam E. Steel 305 North Front Street P.O. Box 999 Harrisburg,, PA 17101 (717) 237-'7154