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Home My WebLink About00-00937 'l I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, . . Plaintiff . NO. ;UW . tf'..J"/ ~ . vs. . . . CIVIL ACTION - LAW . ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants : JURY TRIAL DEMANDED NOT ICE T 0 DEFENID You have been sued in court. If you wish to defend against the claims set forth in the fOllowing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filinq in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 711~A~~' Matthew D.Strohm Attorney for Plaintiff ~ ~'''''''- . ~ I' n l~- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COKPLAXNT 1. Plaintiff, Mary Ellen Kocher, a citizen of the Commonwealth of Pennsylvania and an adult individual who resides at 310 Valley Street, Marysville, Perry County, Pennsylvania. 2. Defendants are Elizabeth A. Milliken, an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 201B Valley Street, Marysville, perry County, Pennsylvania and Brian M. Hoffman, an adult individual and citizen of the Commonwealth of Pennsylvania who resides at R.D. #2, P.O. Box 57-A, Elliottsburg, Perry County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about May 8, 1998, at approximately 4:00 p.m. at the intersection of State Road 0114 and Sporting Green Drive, Silverspring Township, Cumberland County, Pennsylvania. . , . 4. At that time and place, Defendant Elizabeth A. Milliken was operating her motor vehicle, a 1993 Ford Ranger pick-Up truck, traveling East on SR-0114. 5. At that time and place, Plaintiff, Mary E. Kocher, was a passenger in the front passenger seat of the vehicle driven by Defendant Elizabeth A. Milliken. 6. At that time and place, the Defendant, Elizabeth A. Milliken, pulled into the left turn lane to turn left onto Sporting Green Drive. In so doing, Defendant Elizabeth A. Milliken turned left, crossing the passing lane of SR-0114 West and entering into the right lane of SR-Ol14. 7. At that time and place, Defendant, Brian M. Hoffman, was operating a 1995 K-1500 Chevrolet truck in a West bound direction on SR-0114 in the right lane. At that time and place, Defendant Brian M. Hoffman I s vehicle violently collided with the' front passenger door of Defendant Elizabeth A. Milliken's vehicle. COUI!IT J: PLAJ:NTU'P MARY ELLEN KOCHER V. DEPEHDANT ELJ:ZABETH A. MJ:LLIKEN 8. The foregoing accident, all of the injuries and damages set forth hereinafter sustained by Plaintiff Mary Ellen Kocher are the 2 , Ii i direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Eli~abeth A. Milliken operated her motor vehicle as follows: a. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; b. failure to travel at a safe speed; c. failure to keep a proper watch for traffic on the highway; d. failure to keep proper and adequate control over her vehicle; and e. driving her vehicle upon the highway in a manner endaAgering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT I CLAIM I PLAINTIFF MARY ELLEN KOCHER V. DEFENDANT ELIZABETH A. MILLIKEN 9. Paragraphs 1 through 8 of the Complaint are incorporatedherein by reference. 10.Plaintiff, Mary Ellen Kocher, incurred a broken right humerus, healed with a cilisangulation, resulting in a permanent i disfigurement and loss of motion; bruises and lacerations from shattered glass on her hands, right arm, and on her head; pieces 3 of glass emBedded in her hand; swelling of the legs; and anxiety problems. 11. Plaintiff's right arm becomes tired quickly and Plaintiff cannot engage in any extended writing. 12. In the first weeks after the accident, Plaintiff could not use the bathroom, bathe, dress or perform other personal activities for herself. 13. Today and for the foreseeable future, Plaintiff is unable to lift her right arm straight overhead or reach behind her back, thereby limiting her motion and activities. 14. Since the accident, approximately one to two times per week, Plaintiff's arm becomes numb from fifteen minutes to an hour at a time. 15. Today, Plaintiff's arm aches with damp weather, causing a sharp pain through the bone, which can last for one to two days. 16. Plaintiff's injury has restricted her activities, including no longer being able to ride a bicycle. 4 . o_~ " 17. Plaintiff has been ordered by her physician not to drive a vehicle with a manual transmission. 18. Plaintiff has a problem lifting objects of any weight. 19. Since the accident, plaintiff has had several debilitating anxiety attaoks. 20. Plaintiff has sought treatment at Holy Spirit Hospital for these anxiety problems, where she has been diagnosed with agoraphobia, depression, and anxiety disorder with panic attacks. 21. The panic attacks have made it impossible for Plaintiff to go on any long car trips, thereby further restricting her enjoyment of life. 22. By reason of the aforesaid injuries, Plaintiff was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefore. 23. Because of the nature of her injuries, Plaintiff, Mary Ellen Kocher, has been advised and, therefore avers that she may be forced to incur expenses in the future such as transportation 5 " services, babysitter, domestic services, over the counter medication, prosthetics, etc. and claim is made therefore. 24. As a result of the aforementioned injuries, Plaintiff, Mary Ellen Kocher, has undergone, and in the future will undergo, great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 25. As a result of the aforesaid accident, Plaintiff, Mary Ellen Kocher has sustained scars on her hands, right arm, and head and a permanently disfigured right arm, and claim is made therefore. 26. As a result of the aforementioned injuries, plaintiff, Mary Ellen Kocher has sustained loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefore. 27. Plaintiff, Mary Ellen Kocher continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 28. As a result of the aforesaid injuries, particularly the disfigured right arm, Plaintiff, Mary Ellen Kocher has been and in 6 ~ . "" .,.....- I! I the future will be subject to great humiliation and embarrassment, and claim is made therefore. COUNT II PLAJ:N'l'XFF NARY ELLEN KOCHER V. DEFENDANT BRJ:AN M. HOFFMAN 29. Paragraphs 1 through 28 of the Complaint are incorporated herein by reference. 30. The foregoing accident, and all of the injuries and damages set forth hereinafter sustained by Plaintiff Mary E. Kocher are the direct and proximate result of the negligent, careless, wanton , and reckless manner in which Defendant Brian M. Hoffman operated his motor vehicle as follows: a. failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A. 53361; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. failure to apply his brakes in sufficient time to avoid striking the side of Defendant Elizabeth A. Milliken's vehicle; d. failure to travel at a safe speed; e. failure to keep a proper watch for traffic on the highway; f. failure to keep proper and adequate control over his vehicle; and 7 I~~I'" '"" "~ ~ , ,!~ If r g. driving his vehicle upon the highway in a manner endangering persans and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the commonwealth of Pennsylvania. COURT II CLAIM I PLAIN'l'IJ'J' DRY ELLEN KOCHER V. DEJ'BNDANt' BRIAN H. HOFJ'HAN 31. Paragraphs 1 through 30 of the Complaint are incorporated herein by reference. 32. Plaintiff, Mary Ellen Kocher, incurred a broken right humerus, healed with a disanqulation, resulting in a permanent disfigurement and loss of motion; bruises and lacerations from shattered glass on her hands, right arm, and head; pieces of glass embedded in her hand; swelling of the legs; and anxiety problems. 33. Plaintiff's arm becomes tired quickly and Plaintiff cannot engage in any extended writing. 34. In the first weeks after the accident, plaintiff could not use the bathroom, bathe, dress or perform other personal activities for herself. 35. Today and for the foreseeable future, Plaintiff is unable to lift her right arm straight overhead or reach behind her back, thereby limiting her motion and activities. 36. Since the accident, approximately one to two times per week, Plaintiff's arm becomes numb from fifteen minutes to an hour at a time. 8 fI r- 37. Today, Plaintiff's arm aches with damp weather, causing a sharp pain through the bone, which can last for one to two days. 38. Plaintiff's injury has restricted her activities, including no longer being able to ride a bicycle. 39. Plaintiff has been ordered by her physician not to drive a vehicle with a manual transmissian. 40. Plaintiff has a problem lifting objects of any weight. 41. Since the accident, plaintiff has had several debilitating anxiety attacks. 42. Plaintiff has sought treatment at Haly Spirit Hospital for these anxiety prablems, where she has been diagnosed with agoraphobia, depression, and anxiety disorder with panic attacks. 43. The panic attacks have made it impossible for Plaintiff to go on any long car trips, thereby further restricting her enjoyment of life. 44. By rea san of the aforesaid injuries sustained by Plaintiff, Mary Ellen Kocher, she was farced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefore. 45. Because of the nature of her injuries, Plaintiff, Mary Ellen Kocher, has been advised and, therefore avers that she may be farced to incur similar expenses in the future, and claim is made therefore. 9 , " ~, -" I '" If r-- 46. As a result of the aforementioned injuries, plaintiff, Mary Ellen Kocher, has undergone, and in the future will undergo, great physical and mental sUffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 47. As a result of the aforesaid injuries, particularly the disfigured right arm, Plaintiff, Mary Ellen Kocher has been and in the future will be subject ta great humiliation and embarrassment, and claim is made therefare. 48. As a result of the aforementioned injuries, Plaintiff, Mary Ellen Kocher has sustained, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefore. 49. Plaintiff, Mary Ellen Kocher continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 50. As a result of the aforesaid accident, Plaintiff, Mary Ellen Kocher has sustained scars on her hands, right arm, and head and a permanently disfigured right arm, and claim is made therefore. WHEREFORE, Plaintiff, Mary Ellen Kocher, demands judgment against Defendants Elizabeth A. Milliken and Brian B. Hoffman in an amount in excess of Eighty Three Thousand Two Hundred Thirty Five Dallars ($83,235.00) exclusive of interest and costs and in 10 ,- II " , excess of any jurisdictional amount requiring compulsory arbitration. DISSINGER & DISSINGER By: '~ H Ie- ii' '[ VERIFICATION I, Mary Ellen Kocher, plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ,J d" \ l ,1/''''0 Date ~_',<, o't-U , MI~H6lU~U-,l ~ary en Koc'er , .' . ~, -~ ~ \~ ,~/v " .- .. tJ:1t'l :3: "-<()Z'OOH ~I:"' :>>- C::HOt'l'"'JZ HH ~ ~ <:- Z ~ :>>-N t< t<H Z()1-3 Z:>>- I:"' UlC:::I: ~ tJ:1 t'l 1-3 t<:3:t'l t:l... 0 :3:t'l <: I:"' ~:>>- 1:"'tJ:1 Vi . 1-3 Ul I:"' H() <:t'l() ~g V1 :I: . t'l :>>-1-3 :>>-~O ~~lS~z () ~ Z I:"'H ZI:"'C:: 0 0:>>- 0 H:>>-~ w~ CO G) :3: '"'J. 'O::>>-ZI-3 ~ril~~sg '0 '"'J f-'O t'l 0 Z ~ I:"' :3::3: Ill() :3:1 0 ~Ztnv)QO :>>- O:>>-H ,....:I: :>>- ()'"'J -otn-t> H roZI:"' ::l t'l ZI:"' 0 ~;S~-tg Z Hl- I:"' rT~ 0:>>- C::() !:::J<m>Ul 1-3 ro H ,....- t'l:E: ZO -.j>,,~Vl ::l ::>> Gl III Z 0 - o m ::l Z " ;0 rT III 0 Ul ::l '0 '" ~ I:"' w t'l :>>- Ul i n~ .~~ : Z. "'1:1 .,. ';0: ..,:~ Q~~ 7' -' 0: V> i Z: '-1: 0: >~ ~~ S@ ~. & ~ t~ ~ ~ ~ p .~'O-::; C:.; -'1 -. ~ <.~ ) ~ 0--, ~ .1 ~ ~ ~ \ ~ \ ~ \. \ ~ . ~ ~~ . ~ u'-- rn' 2: ~>" U' -', r'--:, o ~~ ~~.J c.. ~ 11\ ~ :-,u ).~ '..r:: " --j -< ','1 ,)', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff No. 2000.937 CIVIL v. CIVIL ACTION - LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PaR.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire and Ann Margaret Grab, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Brian M. Hoffman, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY:\Z~A.~ ROBERT A. LERMAN, ESQUIRE Supreme Court LD. No. 07490 MARGARET G , ESQUIRE Supreme Court LD. No, 55986 Attorneys for Defendant Brian M. Hoffman 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 ". - "" -,:\,~~"I"~- ~ ,-~.,~ ",; - ~--", -,- ",^ ~ " I ,-- ~ -'-" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff No. 2000-937 CIVIL v. CIVIL ACTION - LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 16'" day of March, 2000, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that! have, this date, served a copy of the Praecipe for Entry of Appearance on behalf of Defendant, Brian M. Hoffman, by United States Mail, addressed to the party or attorney of record as follows: Matthew D. Strohm, Esquire 400 South State Road Marysville, P A 17053 (Attorney for Plaintiff) Elizabeth A. Milliken 201 B Valley Street Marysville, P A 17053 (Defendant) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By:(2~A. ROBERT A. LERMAN, ESQUIRE Supreme Court LD. No. 07490 Attorneys for Defendant Brian M, Hoffman 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 grcg/hoffman.ent ,.-"~--j,-:,,-',I"_,,~,-')' ~J _,"'" '<"_-',~-," ,"\,."S.' - "~-_" _,_,~.'___ ~ . G> ~ ::i =< '" < ~ c:> 0 .. 0 0 ~ ~ c:> ?" 1i ~ ..., ~ " " ::lC --4 m w ~ -om z 0 m :D' ~::!:l z c -~ > ~ ~ S2f11 ;;0 < r ~ " :1,) - ,..- ~ z m - -orn ~ ~ 0 z-- .,'-0 0 " @';!;; z ~ ,. 'li ....J ~b; -, ;;; :;! z 1i 26 m m ~ 8 ~ -0 '-roO",,' ~ z '< _.~,. ::9 ~ ~ ~8 :x 9n 0 ~ ~ .e."".. "' " <.P- o''!! ~ 0 5>c: ~ ~ ~ ~ '" ~ N ~ (Jt >< Z <n . . SHERIFF'S RETURN. OUT OF COUNTY CASE NO: 2000-00937 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOCHER MARY ELLEN VS MILLIKEN ELIZABETH A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MILLIKEN ELIZABETH A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 7th , 2000 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep. Perry County 18.00 9.00 10.00 42.28 .00 79.28 03/07/2000 DISSINGER & ~~ R TJ10mas Kline SheriIf of Cumberland County DISSINGER Sworn and subscribed to before me this J.3.<<i.. day of ~,~.I .2.ovv ~ A.D. Q. 1-rt.Jj,. J A ~"Z;;:' Prothonotary - "-- .' SHERIFF'S RETURN. OUT OF COUNTY CASE NO: 2000-00937 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOCHER MARY ELLEN VS MILLIKEN ELIZABETH A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HOFFMAN BRIAN M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 7th , 2000 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 03/07/2000 DISSINGER & S~~ R. Thomas Kline Sheriff of Cumberland County DISSINGER Sworn and subscribed to before me this ~3~ day of ~ :Lenn? A.D. Q1A' - P~~~~~;~ I urf 'N._ ~ ~ In The Court of Common Pleas of Cumberland County, Pennsylvania Mary Ellen Kocher VS. Elizabeth A. Milliken, Serve: Brian M. Hoffman et. al. No. 20-937 Civil Now, 2/28/00 , 20Q{L, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this . deputation being made at the request and risk ofthe Plaintiff. ~ Sheriff of Cumberland County, PA Affidavit of Service Now, March 3, , 20~, at 6: 44 o'clock P M. served the within Notice & Complaint upon Brian M. Hoffman, Defendant his residence at Spring Township, Perry County, Pa. at by handing to Brian M. Hoffman a true and attested copy oftheoriginal Notice & Complaint and made known to him the contents thereof. So answers, "&~~ Deputy Sheriff of Perry County, PA ,200d COSTS SERVICE MILEAGE AFFIDAVIT $ FlOl OTARY & CLERK OF COURTS OOMFIELDBORO., PERRY CO.. PA MY COMMISSION EXPIRES JAN .5. 2004 $ rr i I !-~ ,~ . ~ '."" ~ 1::rP'+" C) U> 0 .... ::c """l n; ", I'T1 :;:0:::0 I:D ::n=;; N -<." \D Dc.n 0 ".. CO :x 2;'" c:? -i'" -<c=; fT1 Go) 0> HIlW!lJ!!~,l$~. !~ ~~ ~__~Ir" .~"~,~.-lItlJ~iJtllg < SHERIFF'S RETURN In the Court of Common Pleas of Perry County, Pennsylvania Mary Ellen Kocher vs Elizabeth A. Milliken 201 B Valley St. Marysville, Pa. 17053 NO. 2000-937 George W. Frownfelter, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant to wit, Elizabeth A. Milliken,at 201 B Valley St. Marysville, Pa. 17053, but was unable to locate him/her in his bailiwick. He therefore returns the Notice & Complaint, NOT FOUND", as to the within named Defendant Elizabeth A. Milliken. Marysville Post Office states Defendant moved to Lemoyne, Pa. area and left no forwarding address. Sworn and subscribed to before me this _ day of ,2000. !:!i:7J George W. Frownfelter Sheriff of Perry County MARY ELLEN KOCHER, ----~------_.---------------------------._---- Plaintiff ----~------------------_._-------------------- In the CQurt 01 Common Ple:as 01 Cumberlaud ColDlty, Pennsyh':mia, Vi. N,J. 2000 937 -------------------------- Civil. X~.KX~_ ELIZABETH A. MILLIKEN and ----~.---------------------------------------- ~qg_1[_r_~!~~_ll~~~tlP~Q,____..__._.________ BRIAN M. HOFFMAN, --_.~----------------------------------------- Defendants ____..__.... __ .........._.. . .. 0__..... ...________.....___________ ..---------------------....------........------------------------------------.-------------------------- TO THE PROTHONOTARY: .- .-- -----------...------------------------..--- .----------------.. -- --.. ...-- -------------- ------- P'l e~ ~ ~__ '!;~_:i" 1}~_t~1:_~_1:_I2~_ .c;;9l!lI?1-J! !!'..t_LL!.$'_c;L_t9._th'il_MQ.Y.'il~~QP_t.:j,~Jl'il.li_Q..Q.<;!>J;.t___ _ _.._ number. .----..----------...----------- --------------------------------------------------------------------- .--------------------------------------------------------------------------------------...--------- ------------------_. ---..-------...------------------------- - ------......------ ------- -------- ..-------.---------------- -.. ----------------------------- .------- -----..----. -- ---------------- To Curt" "Long ------------------------------------------ Prothonotary ----------....--------------- !9_~.1J_Q.Q /~A, ----- Matthew D. Strohm, Attclnley lor Plairltiff. ,,,--- -~ ~. ,)., FllEO-DFFICE OF ;pt: p:>nTHO"OTAny ., c... , , F'_J t r ".. I \!.~ 1M 00 MM 23 PN 3: a! CUMBHlLPND COUNlY PENNSYLVANIA ;,. .....,,-~ ~~-.$I"'- "",,,,y.,._~~___,,,,,,,,,,,,,,",,,~,^~ , ~- . "~'""U"T 2000 No. _20_<?'Q__~.IZ__________ Tenn, Mln____ MARY ELLEN KOCHER, __________,__ ------------------Pi'a-in t iff vs. ELIZABETH A. MILLIKEN and -------------- BRIAN--M~--HOFFMAN:--Def endan t 5 PRAECIPE FUed __________________________ EL2.0.o 0 Matthew D. Stroh.!ll_________, Alty, ----------------------- - ----------------------------------------- . , .mll!l?:,_e.j~!f""',~'W9'l~~".w:"""'.,_~~",'lf'~Ql'~"~,!il1!lW'~'?~"J.r;c<'ml;:;;''''~"&W,,;~l'1I~~~""l'~f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff No. 2000-937 CIVIL v. CIVIL ACTION . LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants JURY 1RIAL DEMANDED NOTICE TO PLEAD TO: Mary Ellen Kocher c/o Matthew D. Strohm, Esquire 400 South State Road Marysville, P A 17053 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: Ann Margaret Grab, squire Attorney for Defendant Brian M. Hoffman Supreme Court 1.D. #55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757.7602 . '._Ti"'_'_~'__~,>_, 1,'- ~,',""--." '-"'.0-','< _.,,-~,__~_ . ',.--- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff No. 2000.937 CIVIL v. CIVIL ACTION - LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Elizabeth A. Milliken 20 I B Valley Street Marysville, P A 17053 You are hereby notified to file a written response to the enclosed New Matter within twen1y (20) days from service hereof or a judgment may be entered against you. BY: GRIFFITH, SlRICKLER, LERMAN, SOL YMOS & CALKINS {JAAAI'-m ~/ Ann Margaret Gr~b, Esquire Attorney for Defendant Brian M. Hoffman Supreme Court J.D. #55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757.7602 .' '. "",""'-',;""I"_sc~^-"_> -,"-<'~--"', ,~-,- " .~" '~~', _'" .. ". ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff No. 2000.937 CIVIL v. CIVIL ACTION - LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants JURY TRIAL DEMANDED ANSWER. NEW MATTER AND CROSSCLAIM I. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficientto form a belief as to the truth of the allegations set forth in paragraph no. I of Plaintiff s Complaint and same are denied and strict proof thereof is hereby demanded. 2. Denied. It is specifically denied that Answering Defendant, Brian M. Hoffman resides atR.D. #2, P.O. Box 57.A, Elliottsburg, Perry County, Pennsylvania. On the contrary, it is averred that Brian M. Hoffman resides at R.D, #2, Box 343 Elliottsburg, Pennsylvania. 3. Admitted. 4. Admitted. 5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficientto form a belief as to the truth ofthe allegations set forth in paragraph no. 5 of Plaintiff s Complaint and same are denied and strict proof thereof is hereby demanded. 6. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficientto form a belief as to the truth ofthe allegations set forth in paragraph no,6 of Plaintiffs Complaint and same are denied and strict proof thereof is hereby demanded. 7. Admitted in part, denied in part. It is admitted that at the time of the accident Answering Defendant, Brian Hoffman was operating a 1995 K.1500 Chevrolet truck westbound on SR-0114. The -'~ '. ^, -' :",,~-::,_."y':" -3 .-- ",'~ ",-,.-,'. , .'" . , remaining allegations of paragraph 7 are denied in that after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no.7 of Plaintiff' s Complaint and same are denied and strict proof thereof is hereby demanded. COUNT I PI,AINTIFF MARY ELLEN KOCHER V. DEFENDANT ELIZABETH A. MILLIKEN 8. Paragraph 8 does not pertain to Answering Defendant, Brian M. Hoffman and accordingly no response is made herein. COUNTl CLAIM I PlAINTIFF MARY ELLEN KOCHER V. DEFENDANT ELIZABETH A. MILLIKEN 9. Paragraphs 9 through 28 do not pertain to Answering Defendant, Brian M. Hoffman and accordingly no response is made herein. COUNT II PLAINTIFF MARY ELLEN KOCHER V. DEFENDANT BRIAN M. HOFFMAN 29. Paragraphs I through 7 are incorporated herein as though fully set forth at length. 30. Denied. It is specifically denied that the foregoing accident, and all of the injuries and damages set forth herein after sustained by Plaintiff, Mary E. Kocher are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant, Brian M. Hoffman operated his motor vehicle as follows: a. failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A. ~3361; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; 2 , >Co"" . . ,1_ , " ""''f''" - -, . ." ,~." -,~ _ -_-_~"."',_^_..~_.' -- , -.. . ,-,~,- -< - c. failure to apply his brakes in sufficient time to avoid striking the side of Defendant Elizabeth A. Milliken's vehicle; d. failure to travel at a safe speed; e. failure to keep a proper watch for traffic on the highway; f. failure to keep proper and adequate control over his vehicle; and g. driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. On the contrary, it is averred that at all times relevant hereto Answering Defendant, Brian M. Hoffman operated his motor vehicle carefully, lawfully, prudently and in full compliance with the Pennsylvania Motor Vehicle Code. COUNT II CLAIM I PLAINTIFF MARY ELLEN KOCHER V. DEFENDANT BRIAN M. HOFFMAN 31. Paragraphs I through 7 and 30 are incorporated herein as though fully set forth at length. 32. Paragraphs 32 through 50 are denied in that after reasonable investigation, Answering Defendant is without knowledge or information sufficientto form a belief as to the truth of the allegations set forth in paragraphs 32 through 50 of Plaintiffs Complaint and same are denied and strict proof thereof is hereby demanded. Wherefore, Answering Defendant, Brian M. Hoffman demands judgment in his favor and against the Plaintiff together with interest and costs of suit. 3 .' ~," ~--" ". '~"r. ,-" ',-.,1":' ,".">' .',e,., '-. ,,<,"'h'",' ~'.'~'-' -- -~- . , . ' By way of further defense: NEW MATTER 51. Plaintiff's Complaint fails to state a cause of action against Answering Defendant, Brian M. Hoffman, upon which relief can be granted, 52. No act or failure to act on the part of Brian M. Hoffman was a substantial factor in bringing about the Plaintiff's alleged injuries and damages. 53. Plaintiff's alleged injuries and damages were the result of the negligence of Defendant, Elizllbeth A. Milliken. 54. Plaintiff has not sustained a serious injury as defmed by Act 1990.6, 75 Pa C.S.A. 9 1702. 55. Plaintiff's claim for non.economic damages may be barred because Plaintiff has elected a limited tort option as set forth in Act 1990.6, 75 Pa. C.S.A. g1705(b)(3)(d). Wherefore, Answering Defendant demands judgment in his favor and against the Plaintiff upon which relief can be granted. CROSSCLAIM BRIAN M. HOFFMAN V. ELIZABETH A. MILLIKEN PURSUANT TO Pa. RoC.P. 2252(d) 56. Without admitting the truth thereof, the allegations in Plaintiff's Complaint directed to Defendant, Elizabeth A. Milliken are incorporated herein by reference. 57. If the Plaintiff is able to prove the injuries and damages alleged, Defendant, Elizabeth A. Milliken is either solely liable for all result and damages or, in the alternative, she is jointly and severally liable with Brian M. Hoffman, liable over to Brian M. Hoffinan or liable to Brian M. Hoffman for contribution and/or indemnification. 4 ~,-"""",~_.~!,,,.=__J"~,_,"'<"__ "'-,'-", ";,~ ~,_"_,,___""_ _ _ _'_0;<_""_,,.'0,," - <. Wherefore, if the Plaintiff is able to prove that the injuries and damages alleged in her Complaint. DefendantBrian M. Hoffman requests that Defendant, Elizabeth A, Milliken be held solely responsible for such losses or, in the alternative, that Defendant, Elizabeth A. Milliken be held jointly and severally liable with Brian M. Hoffman, liable over to Brian M, Hoffman or liable to Brian M. Hoffman for contribution and/or indemnification. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: ~m /dr-" Ann rXargaret Grab, Esqu' Attorney for Defendant Brian M. Hoffman Attorney Id. No. 55986 IlO South Northern Way York, PA 17402 (717) 757-7602 5 '"^", .. , I"~ "."- C"" -;,,"~,'"-' . ~-.' ---",," . " " , _1 . VERIFICATION I verifY that the foregoing facts are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: '{f:/Po ~~~ Brian offman -.~ " ^ ,. "',-';,. ',1'.1.', 01 _"n_~_ _'_~'" - '" . ,,,,,,,.,b.... _,~ -.,. ._ __,,, ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff No. 2000-937 CML v. CIVIL ACTION . LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 12th day of April, 2000, I, Ann Margaret Grab, a member of the fIrm of GRIFFITH, S1RICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that! have this date served a copy of the Answer, New Matter and Crossclaim by United States Mail, addressed to the party or attorney of record as follows: Matthew D. Strohm, Esquire 400 South State Road Matysville, P A 17053 Elizabeth A. Milliken 201 B Valley Street Matysville, P A 17053 GRIFFITH, S1RICKLER, LERMAN, SOL YMOS & CALKINS c~"~ It Ann Margaret Gra , Esquire -, Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757.7602 " ""_~.",'! ""<,"',-,I.,__.,..,_<__,'__h_~_.~__,..,.,,'" '. '. ,_~ ~'. -~" ..,:, -"',.,..:..'.,..... -"'" " SHERIFF'S RETURN - OUT OF CO~mTY , , CASE NO: 2000-00937 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOCHER MARY ELLEN VS MILLIKEN ELIZABETH A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MILLIKEN ELIZABETH A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY serve the within RIENS. NOTICE & COMPLAINT County, Pennsylvania, to On April 17th, 2000 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep. Perry County .00 9.00 .00 32.80 .00 41.80 04/17/2000 DISSINGER & So aA. s~;'J1 :/ .. ~<::-:- /::> R.1:o~~~~/ Sheriff of Cumberland County DISSINGER Sworn and subscribed to before me this /9 !!:- day of ~ dtnrO A.D. 9r- 0 /hdh.-, ~ Prothonotary , . 'I ,.-^. --I "-, . In The Court of Common Pleas of Cumberland County, Pennsylvania Mary Ellen Kocher VS. Elizabeth A. Milliken, et. al. Serve: Elizabeth A. Milliken No. 20-937 Civil Now, 4/5 , 20 0 (J , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to exe.cute this Writ, this deputation being made at the request and risk of the Plaintiff. .. r~,.v~~t Sheriff of Cum her land County, PA Affidavit of Service Now, A-fJr~ I / ~ I { ,20~, at ,:):5>7 o'clock P M. servoo the upon P..~n 5-1(1.1.,<1. No 1-,(e y; 4rmplC(~nf- 1; /; 2"&.l--h A, (!1 ~ I h /!,1" within at ?is- s. 11170 :)3 by handing to a ffJl( ~ af.leGfeJ copy ofthe original-.JID'{..)C(' 'f-Ctrmfhwl and made known to tbr the contents thereof. So answers, C:/r ~, /JPpu1- Sheriff of ~ County, PA Sworn and subscrihedbe[ore me this I MIl ., day of~rd ,20~ COSTS SERVICE MILEAGE AFFIDAVIT /~, Db /.2. to d . lib $ %2-t'1l / $ l/d.i'J.O -MIL~cJ ',q "':"" , '1 .~ ., , ~, .~ n l~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff . . . . NO. OZCtZ>"ti3) k;J . . : CIVIL ACTION - LAW ~ iT:! q -c..j-.o;,; ....., .___' c' r"~ =: L:J:} : JURY TRIAL DEMANJiiQ. .' ~_.i ~~~j NOT ICE T 0 D E PEN D ~t3 \.S) _ You have been sued in court. If you wish to de~nd~~g~~nst the claims set forth in the following pages, you muS't -Cake =< action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections ta the claims set forth against you. You are warned that if you fail ta do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. vs. ELIZABETH A. MILLIKEN BRIAN M. HOFFMAN, Defendants and : . . :- c", YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 117~J~ Matthew D. Strohm Attorney for Plaintiff ~ ~i:! If IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, . . Plaintiff . . . NO. . vs. : . CIVIL ACTION - LAW r ELIZABETH A. MILLIKEN and : BRIAN M. HOFFMAN, Defendants j,. JURY TRIAL DEMANDED f-. COMPLAIN'!' 1. Plaintiff, Mary Ellen Kocher, a citizen of the Commonwealth of Pennsylvania and an adult individual who resides at 310 Valley street, Marysville, Perry County, pennsylvania. 2. Defendants are Elizabeth A. Milliken, an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 201B Valley street, Marysville, Perry County, Pennsylvania and Brian M. Hoffman, an adult individual and citizen of the Commonwealth of Pennsylvania who resides at R.D. #2, P.O. Box 57-A, Elliottsburg, Perry County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about May 8, 1998, at approximately 4:00 p.m. at the intersection of State Road 0114 and Sporting Green Drive, Silverspring Township, Cumberland County, Pennsylvania. - n r 4. At that time and place, Defendant Elizabeth A. Milliken was operating her motor vehicle, a 1993 Ford Ranger pick-up truck, traveling East on SR-0114. 5. At that time and place, Plaintiff, Mary E. Kocher, was a passenger in the front passenger seat of the vehicle driven by Defendant Elizabeth A. Milliken. 6. At that time and place, the Defendant, Elizabeth A. Milliken, pUlled into the left turn lane to turn left onto Sporting Green Drive. In so doing, Defendant Elizabeth A. Milliken turned left, crossing the passing lane ofSR-0114 West and entering into the right lane of SR-0114. 7. At that time and place, Defendant, Brian M. Hoffman, was operating a 1995 K-1500 Chevrolet truck in a West bound direction on SR-0114 in the right lane. At that time and place, Defendant Brian M. Hoffman's vehicle violently collided with the front passenger door of Defendant Elizabeth A. Milliken's vehicle. COURT I PLAIN'!'IFF DRY ELLEN KOCHER V. DEFENDANt' ELIZABETH A. MILLIKEN 8. The foregoing accident, all of the injuries and damages set forth hereinafter sustained by Plaintiff Mary Ellen Kocher are the 2 I ....... n r- direct anQ proximate result of the negligent, careless, wanton and reckless manner in which Defendant Elizabeth A. Milliken operated her motor vehicle as follows: a. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; b. failure to travel at a safe speed; c. failure to keep a proper watch for traffic on the highway; d. failure to keep proper and adequate control over her vehicle; and e. driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard ta the rights and safety of others and in violation of the Motor Vehicle Code of the commonwealth of Pennsylvania. COURT I CLAIM I PLAINTIFF MARY ELLEN KOCHER V. DEFENDAN'l' ELIZABETH A. MILLIKEN 9. paragraphs 1 through 8 of the Complaint are incorporatedherein by reference. 10.Plaintiff, Mary Ellen Kocher, incurred a broken right humerus, healed with a disangulation, in a permanent resulting disfigurement and loss of motion; bruises and lacerations from shattered glass on her hands, right arm, and on her head; pieces 3 - 'I f i of glass embedded in her hand; swelling of the legs; and anxiety problems. 11. Plaintiff's right arm becomes tired quickly and Plaintiff cannot engage in any extended writing. 12. In the first weeks after the accident, Plaintiff could not use the bathroom, bathe, dress or perform other personal activities for herself. 13. TOday and for the foreseeable future, Plaintiff is unable to lift her right arm straight overhead or reach behind her back, thereby limiting her motion and activities. 14. Since the accident, approximately one to two times per week, Plaintiff's arm becomes numb from fifteen minutes to an hour at a time. 15. Today, Plaintiff's arm aches with damp weather, causing a sharp pain through the bone, which can last for one to two days. 16. Plaintiff's injury has restricted her activities, including no longer being able to ride a bicycle. 4 ..... 17. Plaintiff has been ardered by her physician not to drive a vehicle with a manual transmissian. 18. Plaintiff has a problem lifting objects of any weight. 19. Since the accident, Plaintiff has had several debilitating anxiety attacks. 20. Plaintiff has sought treatment at Holy Spirit Hospital for these anxiety problems, where she has been diagnosed with agoraphobia, depression, and anxiety disorder with panic attacks. 21. The panic attacks have made it impossible for Plaintiff to go on any long car trips, thereby further restricting her enjoyment of life. 22. By reason of the aforesaid injuries, Plaintiff was forced to incur liability for medical treatment, medications, hospitalizatians, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefore. 23. Because of the nature of her injuries, Plaintiff, Mary Ellen Kocher, has been advised and, therefore avers that she may be forced to incur expenses in the future such as transportation 5 ,,~ rt 1- services, babysitter, domestic services, over the counter medication, prosthetics, etc. and claim is made therefore. 24. As a result of the aforementioned injuries, plaintiff, Mary Ellen Kocher, has undergone, and in the future will undergo, great physical and mental sUffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 25. As a result of the aforesaid accident, Plaintiff, Mary Ellen Kocher has sustained scars on her hands, right arm, and head and a permanently disfigured right arm, and claim is made therefore. 26. As a result of the aforementioned injuries, Plaintiff, Mary Ellen Kocher has sustained loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefore. 27. Plaintiff, Mary Ellen Kocher continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 28. As a result of the aforesaid injuries, particularly the disfigured right arm, Plaintiff, Mary Ellen Kocher has been and in 6 L n I I I, the future will be subject to great humiliation and embarrassment, and claim is made therefare. COURT II PLAINTIFF DRY ELLEN KOCHER V. DEFENDANT BRIAN M. HOFFMAN 29. Paragraphs 1 through 28 of the Complaint are incorporated ' herein by reference. 30. The foregoing accident, and all of the injuries and damages set forth hereinafter sustained by plaintiff Mary E. Kocher are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Brian M. Hoffman operated his motor vehicle as follows: a. failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A. S3J61; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. failure to apply his brakes in sufficient time to avoid striking the side of Defendant Elizabeth A. Milliken's vehicle; d. failure to travel at a safe speed; e. failure to keep a proper watch for traffic on the highway; f. failure to keep proper and adequate control over his I vehicle; and 7 L ;'- , .Y.' rt I g. driving his vehicle upon the highway in a manner endangering persans and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COURT xx CLAIM I PLAIN'!'IFF DRY ELLEN KOCHBR V. DEFENDANt' BRIAN M. HOFFHAN 31. Paragraphs 1 through 30 of the Complaint are incorporated herein by reference. 32. plaintiff, Mary Ellen Kocher, incurred a broken right humerus, healed with a disangulation, resulting in a permanent disfigurement and loss of motion; bruises and lacerations from shattered glass on her hands, right arm, and head; pieces of glass embedded in her hand; swelling of the legs; and anxiety problems. 33. Plaintiff's arm becomes tired quickly and Plaintiff cannot engage in any extended writing. 34. In the first weeks after the accident, Plaintiff could not use the bathroam, bathe, dress or perform other personal activities for herself. 35. Today and for the foreseeable future, Plaintiff is unable to lift her right arm straight overhead or reach behind her back, thereby limiting her motion and activities. 36. Since the accident, approximately one to two times per week, Plaintiff's arm becomes numb from fifteen minutes to an hour at a time. 8 I....... n 37. Today, Plaintiff's arm aches with damp weather, causing a sharp pain through the bone, which can last for one to two days. 38. Plaintiff's injury has restricted her activities, including no longer being able to ride a bicycle. 39. Plaintiff has been ordered by her physician not to drive a vehicle with a manual transmission. 40. Plaintiff has a problem lifting objects of any weight. 41. Since the accident, plaintiff has had several debilitating anxiety attacks. 42. Plaintiff has sought treatment at Holy Spirit Hospital for these anxiety problems, where she has been diagnosed with agoraphobia, depression, and anxiety disorder with panic attacks. 43. The panic attacks have made it impossible for plaintiff to go on any long car trips, thereby further restricting her enjoyment of life. 44. By reason of the aforesaid injuries sustained by Plaintiff, Mary Ellen Kocher, she was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefore. 45. Because of the nature of her injuries, Plaintiff, Mary Ellen Kocher, has been advised and, therefore avers that she may be forced to incur similar expenses in the future, and claim is made therefore. 9 ~ ~ ~ ,. . r p 46. As a result of the aforementioned injuries, Plaintiff, Mary Ellen Kocher, has undergone, and in the future will undergo, great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 47. As a result of the aforesaid injuries, particularly the disfigured right arm, Plaintiff, Mary Ellen Kocher has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefore. 48. As a result of the aforementioned injuries, Plaintiff, Mary Ellen Kocher has sustained, lass of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefore. 49. Plaintiff, Mary Ellen Kocher continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder af her lifetime, and claim is made therefore. 50. As a result of the aforesaid accident, plaintiff, Mary Ellen Kocher has sustained scars on her hands, right arm, and head and a permanently disfigured right arm, and claim is made therefore. WHEREFORE, Plaintiff, Mary Ellen Kocher, demands judgment against Defendants Elizabeth A. Milliken and Brian B. Hoffman in an amount in excess of Eighty Three Thousand Two Hundred Thirty Five Dollars ($83,235.00) exclusive of interest and costs and in 10 " I - excess of any jurisdictional amount requiring compulsory arbitration. DISSINGER & DISSINGER By,~/Ii t ew D. Str - 400 South State Road Marysville, PA 17053 717-957-3474 Attorney for Plaintiff ~ ...*" 1\ - \ '. VERIFICATION I, Mary Ellen Kocher, Plaintiff, have read the foregoing complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date ~b '\1 dCCC> 2\L0l/J ~Ltl {lIUl. Mary Ellen Koc er f ~~_~_~!iI~;ijj~~"i\lIlIi_.lliiilml!Wi!.iiJiM)~nl;J:' I-~~ ~- ilif~ l"!"'I; ;;.."', ~lfl11rw~ "-" '}..' '.~,i::r q-.';, (,.:.. "'. ~~,~aw; L:'ll ;,'j',. , ..' '_'~'.~""M~_ :-r.:: ~{f/jJ f!!q ,I"~, .~~, ',\f.-'- ", , , ,. I ._~ , ' ~'1'''''1' ~ : In! 1,.., rnU~'~ 'f" \, iI., ir.. HI; 1 \:'1 '~..j Vj l .4 CJf(i u Coe; I No+ \~ ~ ~oI en ~ i-frmI ID:f~~~ -'^ --' ,. ' Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. MARY ELLEN KOCHER, v. NO. 2000-937 CIVIL ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Elizabeth A. Milliken-Levesque, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER BY.~ Christop r J. Knight, Esquire Attorney I.D. #80058 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232.9900 . . - -' ~ ~ --""T-'~1'9--.-;-"~ ",~.,_,__, "'" :_~_. _~~~_'~~_"_ "_"W""",""'d<__"'_'_'~"_'''~''''''~~ '^ ' --'"" ,_. , -, ~ CERTIFICATE OF SERVICE AND NOW, this 20th day of April, 2000 I hereby certify that I have served the foregoing Praecipe entering my appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Matthew D. Strohm, Esquire DISSINGER & DISSINGER 400 South State Road Marysville, PA 17053 (Attorney for Mary Ellen Kocher) Ann Margaret Grab, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CLAKINS 110 South Northern Way York, PA 17402 (Attorney for Brian M. Hoffman) Christoph J. Knight, Esquire Dated: 04/20/00 . eo '_::'~'~"'_",,,,,,,,! I"c' ,,' ,'; ~_-_'Y,'~~]9,.,"";c-,,,t;',",. ,-e-_=<.~"",~_,~~", '~_';"V' ., "~,,: '.' "''f.n~<'p, ""'" . -_,~~ . '. , . ..", ",",..,. ..... .,' ...." ',... < . , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. MARY ELLEN KOCHER, v. NO. 2000-937 CIVIL ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Brian M. Hoffman and his attorney Ann Margaret Grab, Esquire GRIFFITH, STRICKLER, lERMAN, SOL YMOS & ClAKINS 110 South Northern Way York, PA 17402 YOU ARE HEREBY NOTIFIED to file a response to the enclosed Cross-Claim of Defendant, Elizabeth A. Milliken-levesque, within twenty (20) days of service hereof or a judgment may be entered against you. Respectfully submitted, NEALON & GOVER Christophe ight, Es ire Attorney I. . #80058 301 Marke Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108.0865 (717) 232.9900 Attorney for Defendant 'i"j ".",~ .'."""'1",-'.)'<",-" - -'-_~'_",~,""'~''''___Jq( _,~,~"___,,,,\,,~_,_,t'"__'r,_ ~_.,'~,_c__~<." _,~ . - _' ~."" - " ..' __.~, ,'. ,__',C''"_". ,'..-,-.,,""" ., ,'" ~.,,,__ ",. _, . A . ~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2000-937 CIVIL MARY ELLEN KOCHER, v. ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT OF PLAINTIFF. MARY ELLEN KOCHER, AND TO NEW MATTER AND CROSS-CLAIM OF DEFENDANT BRIAN M. HOFFMAN AND CROSS-CLAIM AGAINST BRIAN M. HOFFMAN AND NOW, comes Defendant, Elizabeth A. Milliken, by and through her attorneys, Nealon & Gover, P.C. and avers as follows: 1. Admitted, upon information and belief. 2. Admitted in part and denied in part. It is admitted that Answering Defendant is an adult individual and that she was once known by the name Elizabeth A. Milliken. By way of further answer, due to her marriage, Answering Defendant is now known as Elizabeth A. Levesque. It is denied that Ms. Levesque resides at the stated address. By way of further answer, she currently resides at 35 South Main Street, Marysville, PA 17053. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in this paragraph. Strict proof of same is therefore demanded at trial. 3.7. Admitted in part and denied in part. It is admitted that on the stated date and at the stated time, Defendant, Elizabeth Levesque, was operating a 1993 Ford ~ ';^-- .,~"I .,"~ < ,","< Y"_,, '___-"'_~,.., -,",,,.' ,,,~-,,_..,-,,__~ "., -C'_'''__''_''''~''''''''_'.''''_~_, Co' .. . ,,- .~-~. .- '~-~'~'-'''''~~' -_.,-. pickup on State Route 114 in the vicinity of Sporting Green Drive, Silver Spring Township, Cumberland County, Pennsylvania. It is further admitted that Plaintiff, Mary E. Kocher, was a passenger in that vehicle and that the aforesaid vehicle was involved in a traffic accident. Upon information and belief, it is admitted that the aforesaid accident also involved a vehicle being operated by Defendant, Brian M. Hoffman. The remaining averments contained in these paragraphs are denied pursuant to Pa. R.C.P. 1029(e). COUNT I PLAINTIFF MARY ELLEN KOCHER V. DEFENDANT ELIZABETH A M~LLlKEN 8. Denied pursuant to Pa. R.C.P. 1029(e). COUNT I CLAIM I PLAINTIFF MARY ELLEN KOCHER V. DEFENDANT ELIZABETH A. MILLIKEN 9. Paragraphs 1 through 8 of the within Answer are incorporated herein by reference as if fully set forth at length. 10.28. Admitted in part and denied in part. It is admitted that Plaintiff Mary Ellen Kocher did sustain some injury in the aforesaid motor vehicle accident, however, the extent of those injuries and their affects are not known, After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in these paragraphs. Strict proof of same is therefore demanded at trial. .' ~, '-~' 'I"~ ~,,~ ",.0.._","<_"."'< " ,<,_"',,'"' ,."'",__o,_"',_.___~,..,,_. _. . ."~~" <~., " ,A~_~' c.,., " _. "..~ _ .. w. . ,_~ ~ COUNT II PLAINTIFF MARY ELLEN KOCHER V. DEFENDANT BRIAN M. HOFFMAN 29. Paragraphs 1 through 28 of the within Answer are incorporated herein by reference as if fully set forth at length. 30. The averments contained in this paragraph are directed to a Defendant other than Answering Defendant and, therefore, no response is required. COUNT II CLAIM I PLAINTIFF MARY ELLEN KOCHER V. DEFENDANT BRIAN M. HOFFMAN 31. Paragraphs 1 through 30 of the within Answer are incorporated herein by reference as if fully set forth at length. 32.50, The averments contained in these paragraphs are directed to a Defendant other than Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Elizabeth A. Milliken-Levesque, respectfully requests that this Honorable Court enter judgment in her favor and against Plaintiff. ANSWER TO NEW MATTER OF DEFENDANT. BRIAN M. HOFFMAN 51-55, The averments contained in these paragraphs state only conclusions of law to which no response is required. '\ " _"'''~":'-_cl'', - .-~, .,.,""_, _."~,_*,,'_<_~"~'_,_;,""'~C,,"., 7',".,. '('."_'_.." ,., <,~ ~~,"", ""'.' " . -~ , ANSWER TO CROSS-CLAIM OF BRIAN M. HOFFMAN V. ELIZABETH A. MILLIKEN PURSUANT TO PA. R.C.P. 2252(d) 56-57. The averments contained in these paragraphs state only conclusions of law to which no response is required. To the extent that they are deemed factual, they are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Elizabeth A. Milliken-Levesque, respectfully requests that this Honorable Court enter judgment in her favor and against Defendant, Brian M. Hoffman, on his cross-claim. CROSS-CLAIM OF DEFENDANT ELIZABETH A. MilLIKEN-LEVESQUE V. DEFENDANT BRIAN M. HOFFMAN PURSUANT TO PA. R.C.P. 2252(d) 58. Paragraphs 1.57 of the within Answer are incorporated herein by reference as if fully set forth at length; also incorporated herein by reference without admission or adoption thereof is Plaintiff's Complaint filed in this matter. 59. No act or failure to act of Defendant, Elizabeth A. Millliken- Levesque, caused or contributed to the occurrence of the incident-giving rise to the suit or to the damages or injuries claimed to have resulted therefrom by Plaintiff. In the event that any Defendant has liability to the Plaintiff, Defendant, Brian M. Hoffman, is solely and exclusively responsible to the Plaintiff for all damages and injuries suffered by the Plaintiff. ,,- '~,~---yf'1:"-\~\. ,".' ."''7'' _,<"'_.Yo_~.'.__'''''___~_.'-~' . '..' -~,- .- - . ~-. . "';"- "' " -~ .,' ,.,.-,,' 0_" , " "_-,-~,_", 60. This cross-claim is filed to protect the rights of Defendant, Elizabeth A. Milliken-Levesque, to contribution and/or indemnity in the event that it is judicially determined that both she and Defendant, Brian M. Hoffman, are jointly or severally liable to the Plaintiff, the existence of any liability on the part of Defendant, Elizabeth A. Milliken-Levesque, being expressly denied. WHEREFORE, Defendant, Elizabeth A. Milliken-Levesque, demands judgment against the Plaintiff, or in the alternative, demands that Defendant, Brian M. Hoffman, be found solely liable to the Plaintiff, or liable over to Defendant, Elizabeth A. Milliken-Levesque, for contribution and/or indemnity. Respectfully submitted, NEALON & GOVER By Christoph :J night, Esquire Attorne .D. 80058 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232.9900 '. ,-_~ 1.,,",",,"",'-1' .-"'- "_""'c ." <-"~-"'-""'-" __~'",.__~> !9". _"___',,"",,- --.' ".' . - -" , .. - . - -~-" -. ~ ."" - ,~ - VERIFICATION I, Elizabeth A. Milliken-Levesque, verify that the statements made in the foregoing Answer With New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA 4904 relating to unsworn falsification to authorities. ~a'~J Elizabeth A. Milliken-Levesque Dated: 4, .' "'--'" ->'c',h',"" ,..-,.~ ". ,,<!-, .~""! , ~----"",-" .,,,,, ,- ~'~,-" "'" - "'~"_"'_~\ n," .. ~_ ." ^ ' ~."-' "-.., ~ ^ '-.=~ CERTIFICATE OF SERVICE AND NOW, this 2--<7 day of tfr^ ( . 2000 I hereby certify that I have served the foregoing Answer to Complaint of Plaintiff, Mary Ellen Kocher, and to New Matter and Cross Claim of Defendant, Brian M. Hoffman, and Cross-Claim against Brian M. Hoffman on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Matthew D. Strohm, Esquire DISSINGER & DISSINGER 400 South State Road Marysville, PA 17053 (Attorney for Mary Ellen Kocher) Ann Margaret Grab, Esquire GRIFFITH, STRICKLER, lERMAN, SOL YMOS & ClAKINS 110 South Northern Way York, PA 17402 (Attorney for Brian M. Hoffman) Dated: 171(00 . .. _ -"\ '_:_.",,,I'O,""'_"""'"'~_ _~,~" 'I,'~ _" -'V'~ "'"' ,^_,~.~ '0> ,"'.__ ",' '" ~ ,.~, s, ,.~__,_,e~ :~-~,,- . , ..,. ._ _ ',' _.,_", ,-"'." _.., ,._ __' _ r _. _ _ " _, ~ " ,,__,__ l~ " '"'^' , -.~,,,,-,-~.;' ~^ '.' -:: ,';;- ~:" (0,. ~~~~, 07~ l PC: -':Z =<~ -.'" C) ~:.'. ':'-~ r,'" ~'~:-' -.....,) -" ~i .-\ - wH' II ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff . . : NO.2000-937 CIVIL vs. . . : CIVIL ACTION - LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants . . JURY TRIAL DEMANDED ANSWER TO DEFENDAN'l' HOFFHAN' S NEW MATTER 51. Denied. Paragraph 51 is a conclusion of law and no answer is required. To the extent an answer is required, it is specifically denied that Plaintiff's Complaint fails to state a cause of action against answering Defendant, Brian M. Hoffman, upon which relief can be granted. 52. Denied. Paragraph 52 is a conclusion of law and no answer is required. To the extent an answer is required, it is specifically denied that no act or failure to act on the part of Brian M. Hoffman was a substantial factor in bringing about the Plaintiff's alleged injuries and damages. 53. Denied. Plaintiff's alleged injuries and damages were the result of the negligence of Defendant Elizabeth A. Milliken and Brian M. Hoffman. 54. Denied. Plaintiff's injuries included a broken arm, disfigurement, and other serious injuries as defined by Act 1990-6, 75 PA C.S.A. ss. 1702. . " ,-- c= " ,- ; 55. Denied. Plaintiff's claim for non-economic damages will not be barred because Plaintiff elected a limited tort option as set forth in Act 1990-6, 75 Pa C.S.A. ss. 1705(b) (3) (d) because Plaintiff has sustained serious injuries. Wherefore, answering Plaintiff demands judgement in her favor and against the Defendant upon which relief can be granted. Respectfully submitted, DISSINGER & DISSINGER BY:~) lL-t Matthew D. Strohm 400 South State Road Marysville, PA 17053 717-957-3474 Attorney for Plaintiff 'I 2 .,' ., : --" , ~ I' " VERIFICATION If Mary Ellen Kocher, Plaintiff, do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date ~~LAA-- Mary El n Kocher co l~ , II ,- :i ~ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff . . NO.2000-937 CIVIL vs. : CIVIL ACTION - LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants . . : : JURY TRIAL DBHANDED CERTIFICATE OF SERVICE ii !I{ '" Iii! I'" ii' I, Matthew D. Strohm, Esquire, hereby certify that on the 1,'1' date set forth below I served a true and correct copy of the foregoing dacument upon the attorneys for Defend4nts, by First II Class United States mail addressed as follows: " 'I " il 'I Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins Attorney for Defendant Brian M. Hoffman 110 South Northern Way York, PA 17402 Attorney Christopher J. Knight, Esquire for Defendant Elizabeth A. Milliken-Levesque 301 Market Street - 9th Floor PO Box 865 Harrisburg, PA 17108-0865 I , , " I, Date: ~ /3/0 C/ JJJul~), /L6 Matthew D. Strohm 400 South State Road Marysville, PA 17053 717-957-3474 Attorney for Plaintiff 3 - , ... j -,'-I, " \ '-,-, << .' L,_j" , '. ~- '.-' ~.; ... ll'~ 0"" Z:>>' tJ:11:':1 <: :t; ZO'OOH t'lZ ~r< Ul ~ OHt'l'"'JZ :ElUl HH . t< . <:Z ~ :El :>>'t:<l HZOI-3 :3:t'l Z:;> t'l rvI:"'UlC:::Ii 0 :>>'~ tD I:"' o t<:3:t'l t:l... 1-3 0:3:1:':1 '01:"' 0:>>'1:"'tJ:1 Vi 1-31-3 (1). .; f-'t'l OO<:t'lO S8 Vl t'l0 Hl ::r.: III Z I 1-3:>>'~0 r - ~r;;lS~z ~ (1) :Ii 1-" I.OHZI:"'C:: w~ CO G) 0 ::l0:;> ::l ::>>'>tl ~~~~~ t'l ~'"'J' rrO -.JZ:>>'ZI-3 '"'J III '"'J 1-" 0 0 t'l ::liil~ Hl:I: I 0 ~Ztn~Qo Z rr H Hlt'l O'"'J -0(1)-1)00- 0 UlZI:"' ~ I:"' 0 ~;S~-tg :>>' - r< - :>>' C::O !:::J<m>Ul Z H :El ZO ~>,,~Vl 1-3 ~ 1-3:3: ~?;O Z t<:3: >)> Gl :Ii Z 0 - o m 0 Z " ;0 '"'J P> 0 '"'J g, '0 '" w :3: I:"' :>>' t'l Z :>>' ,; Ul 0 0 0 C- O -n -r) E1J -~ -.. :,;j ;r.~ rnrr" -< ;--?iFQ Z~j Zr"" I :-}m (;,'5 :t;~ w <<,,,0 --<2:': ~6 ~l) <~ :..1'-- Po ~:'!o> -f""""f Z'" ::]; 9~ ~() '2 c is -7 =-j;! ~ ~ : ::0 .< JIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff No. 2000-937 CIVIL v. CIVIL ACTION - LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants JURY TRIAL DEMANDED REPLY OF BRIAN HOFFMAN TO THE 225Ud) CROSSCLAIM OF ELIZABETH A. MILLIKEN-LEVESOUE 58. Paragraphs I through 57 of Defendant, Brian Hoffman's answer are incorporated herein as though fully set forth at length. 59. Denied. It is specifically denied that no act or failure to act of Defendant, Elizabeth A. Milliken-Levesque, caused or contributed to the occurrence of the incident giving rise to the suit or to the damages or injuries claimed to have resulted therefrom by Plaintiff. It is further denied that in the event any Defendant has liability to the Plaintiff, Defendant Brian M. Hoffman, is solely and exclusively responsible to the Plaintiff for all damage and injuries suffered by the Plaintiff. On the contrary it is averred that any injuries suffered by the Plaintiff were the result of the sole negligence of Defendant, Elizabeth A. Milliken-Levesque. 60. Denied. Paragraph 60 constitutes a conclusion of law to which no responsive pleading is necessary and same is deemed denied. WHEREFORE, Answering Defendant, Brian M. Hoffman demands judgment in his favor and against Elizabeth A. Milliken-Levesque with respect to the 2252(d) Crossclaim filed by Co-Defendant, Elizabeth A. Milliken-Levesque in the above-captioned matter. -i,.,. ,,~~_ ,c '-b ,. "-:" ,-_r":~14<?/"---'-- ":''':'_"_.,', ':-' --, -" ,. ,",~_c '. ~",,___. .,:"___:."" ..--' .-..- Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & ALKINS By: Ann Margaret Grab, squir Attorney for Defendant, Brian M. Hoffman i\ttorneyld.}<o.55986 110 South }<orthern Way York, Pi\ 17402 (717) 757-7602 ;>. "";;;~_-':1;7"~ '-;-,~ . "f:"'9'" _-.-~_-~~~"--~ ""<-;' ."~__-...^", _._'__CC"".' .. '>. .--' VERIFICATION I, Ann Margaret Grab, Esquire, do hereby verify that I am the attorney of record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S,A. ~ 4904 relating to unsworn falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS Dated:.!ij. 3/ JO BY:Lw); k Ann Margaret Grab, Esquire Supreme Court LD. #55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 ., ..>,', ',.~-'?" (Foe" .r, ''-''._'.'',. , '/'-,';'_"'._ -"'""~'_~,~ ..<~t~ -1?"~,'_'<r,,,,_ le'-",._, ".-, "",p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff No. 2000-937 CIVIL v. CIVIL ACTION - LAW ELIZABElH A, MILLIKEN and BRIAN M. HOFFMAN, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, thisj day of May, 2000, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Reply of Defendant, Brian M. Hoffman to the 2252(d) Crossclaim of Elizabeth A. Milliken-Levesque by United States Mail, addressed to the party or attorney of record as follows: Christopher 1. Knight, Esquire 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 Matthew D. Strohm, Esquire 400 South State Road Marysville, P A 17053 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS a~Jr; b-/ Aim Margaret Grab, Bsquire Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 , " --."'L;._'" _,I " ,,~- _"--__~.," ?T-O,,;:"" q'~,",- _ ,.,,~.< ,";.~ . "_e ~, ,. _n _ .w_ H_' ,~--- , . Gl ~ 'ii ~ '" I -< "1 ~ ... ~ ~ ;5 ~ m ~ m Z 0 ::g s;: Z Si ~:E ~ i ~ 0 < 0 s:: 'Tl ~ ~ ~ ~ j; :t: _ m ... $ en UJ ~ . 0 ~ :E ~ ~ ~ s:: w 0 ;;; '" ~ '" " J> r '" Z '" (:') C s: urn mrn 2:::0 2:c;:: WS' ~C5 ;:~O .L-fj >c 2: ~ o o :Jl: "" -? '-'1 en IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff No. 2000-937 CIVIL v. CIVIL ACTION . LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 4TH day of January, 2001, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents Set 1 by United States Mail, addressed to the party or attorney of record as follows: Matthew D. Strolun, Esquire Dissinger & Dissinger 400 South State Road Marysville, P A 17053 Christopher 1. Knight, Esquire 301 Market Street, 9th Floor P,O. Box 865 Harrisburg, P A 17108-0865 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 4rJA hi k Margaret Gra , Esquire Supreme Court ID No. 55986 110 South Northern Way York, Permsylvania 17402 (717) 757-7602 o~ . _ ',,"__ ,._ _, ~_,'_:r",_<,I", '_"'.H'~ ,._,~,~_._ _ ,."-,,," ". "'_'. ,,__,,_'.._'__"__"_'O'~ >__,~,__,~ ^ __, <","~_'_~-'" - _,,_u. _ ~_" __ ~,. .... ~ co ~ '" ~ '1 .I ~ '" (:) c' 0 ... c ~ ~ ?' C n ~ S;-- ~ ~ ~~; m ~ r $. m z 0 .~ "1" Z C ~ '" ~ r ~ I m ~ I < z ~ ~ ~ 0 " c.,r; z . ~ ~ ;; 1 :z n ~c:' " m '" IJi ~,- ~'v ~ z 0 '-;:C. -~.... 0 ~ r ::'-:--0 ~ ~ w < " .,-;-c-: ~ 0 w '" Z ~ '" =< (~) " .j:" l> r ~ Z '" . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MARY ELLEN KOCHER TERM, -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.ZZ MCS on behalf of ANN M. GRAB, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (Z) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/03/Z001 ~ on be alf of LI ~ ,ESQUIRE Attorney for DEFENDANT DEll-26Z512 63206 -LOl <~!" ,,- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MARY ELLEN KOCHER TERM, -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO.RULE 4009.21 [ Note: see enclosed list of locations ] TO: MATTHEW D. STROHM, ESQUIRE CHRISTOPHER J. KNIGHT, ESQUIRE KCS on behalf of ANN K. GRAB, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is~ waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 06/11/2001 KCS on behalf of ANN K. GRAB, ESQUIRE Attorney for DEFENDANT CC: ANN K. GRAB. ESQUIRE - 100024-265, Any questions regarding this matter. contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-155509 63206-COl ..W>'1ill11~ ,. ., ~. RECORDS REQUESTED MEDICAL MEDICAL MEDICAL ';"EDICAL MEDICAL MEDICAL . r' ,,< ".' >>> LOCATION LIST <<< PAGE: 1 LOCATION !lAME LYNN CORNELIUS, H.D. DR. KANEDA HARRISBURG HOSPITAL HEALTHSOUTH HOLY SPIRIT HOSPITAL POLYCLINIC HOSPITAL DEOZ-155509 63206 -CO:1. COMMON"VEAL TH OF PENNSYl. VANIA COUNTY OF CUMBERlA.."D MARY ELLEN KOCHER VS ELIZABETH MILLIKEN & BRIAN M. HOFFMAN File :-;0. 1000-",7 CIVIL SUBPOENA TO PRODUCE DOCUMTh"TS OR rnI~GS FOR DISCOVERY PURSUA.l\lTO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. LYNN CORNELIUS {S~me of Ptnon or Entif!) With.in rwe~ (::0) days after 5el"\'ice of tttis subpoen.a. you ue ordered tty the C'O\U1 to proc!ute the following documents, Of things: SEE ATTACHED It MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,FA 19103 I ,'dd.....' You m.~' deiinr or m.i1legible copies of the documents or product things ...q"etled by this subp,,"n.. tog."" .....ith 'he c."ifiwe of ,ompli.nce. to the puty making this requnl" ,h. .ddreu listed above. You hl\'e the right '0 ,.... In Id,.."te. ,h. ,...on.ble co.t of preparing the copies or p,oducing ,he things _gill. If you fli! to Toodute the documenls or things required bv 'Iu. lubpoen.a. wilhin twenty (20) day. ait.. its ,."."., ,,,. Put:>. se,,'ing t;u. s~"poen. m.y seek. court order compelltng ."" 10 COlllply with r_ THIS St."BPOE.r.JA WAS ISSUED AT THE REQt:tST OF mE FOLLOWING PER50S: ~AME: ANN MARC:ARF.'l' C:RAR. E~O_ ADDRESS: 110 SOUTH NORTHERN WAY YORK. FA 17402 TELEPHO~:: 215-246-0900 Sl;PRE.\fE COliKT ID It: AITOR.'\E'f FOR: DEFENDANT DATE: '- l H:) E-. -?: d.DO I BYi'E~RJ)2 gl/ PTDthonotuylOerk. ~"I.IO" ~r?/h" _P.~ .,', ~ ." Seal of the Court j'. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LYNN CORNELIUS, M.D. BROAD ST. FAMILY HEALTH MAYSVILLE" PA 17053 RE: 63206 MARY ELLEN KOCHER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: MARY ELLEN KOCHER - 310 VALLEY ST., MARYSVILLE" PA 17053 Social Security #: 197-56-4928 Date of Birth: 02-21-1975 SU10-310038 63206 - L 0 1 ,-'-,,, ~, ~~" '--;'-~ -- ,; CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF< COURT OF COMMON PLEAS MARY ELLEN KOCHER TERM, -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANN M. GRAB, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 07/03/2001 ANN M. GRAB, ESQUIRE Attorney for DEFENDANT DEll-262513 63206 -L02 ,., " , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MARY ELLEN K~CHER TERM. -VS- CASE NO: 2000-937 CIVIL ELIZABETH HILLlKEN, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations J TO: CHRISTOPHER J. KNIGHT. ESQUIRE MATTHEW D. STROHM. ESQUIRE MCS on behalf of ANN M. GRAB, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below ~ which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is, waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 06/11/2001 MCS on behalf of ANN M. GRAB. ESQUIRE Attorney for DEFENDANT CC: ANN M. GRAB, ESQUIRE - 1000H-16~ Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-155510 63206 - {; () 2 ~,-~-- '- _",,',_" d'"' ,,"_!_~ ~ "",F RECORDS REQUESTED MEDICAL MEDICAL MEDICAL ~ICAL MEDICAL MEDICAL "~ I >>> LOCATIO. LIST <<< . . PAGE: 1 LOCATIO. IlAHE LYHII CORllELIUS, M.D. DR. lWfEDA HARRISBURG HOSPITAL IlEALTHSOUTH HOLY SPIRIT HOSPITAL POLYCLDlIC HOSPITAL DE02-155510 63206 - C02 ,..' COMMON'WEAL TH OF PENNSYLVANIA COUNTY OF CUMBERlA..'iD MARY ELLEN KOCHER VS ELIZABETH MILLIKEN & BRIAN M. HOFFMAN File ~o. 7noO-Q17 CIVIL SUBPOENA TO PRODUCE DOCUME\.'TS OR TIU='IGS FOR DISCOVERY PURSUA.."'T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. KANEDA (!\~me of PtrtOft or =::iry) ""j,hin rwe~'I::O) da~s Uter .e,.'i.e of ,his subpoena. you .... ordered by the <OUrt to produ.. the following docum.nt. or 'hings: SEE ATTACHED il MCS GROUP INC., 1601 MARKET ST., #800, PHlLA.,PA 19103 1,'d4tft" You ma~ d.U.'" or mail legibl. .opies of th. doc:um.n.. or produceth.inp reqaesl.d by lhi. subpoena. tog"'.: ~"th tne certifi.at. '" complian... to the party making Ihis requnl II the adclrea listed abov.. You h....lh. right to ..... ,n id\' "".. th. ,"uonabl. .ost of pr.paring Ih. copies Of producing the lhinp _gill. If ,'ou f.;I.o "odu.e the doc:um.nls or lhings r.quir... bv 'lUs .ubpoeN. witr.m rw.nty (::0) da~'s aiter us s.....'"., :0. ?an;' se,,'ing this ."opo.na may s..k a.ourt ord.r comp.llint "... '0 to.ply with jO_ THIS St"BPOENA WAS ISSUED AT THE REQl."IST Of T'HEFOLLOWlNG P'ERSO:\: ~AME: ANN MAR~AR'F.'" m~AR. RSO. ADDRESS: 110 SOUTH NORTHERN WAY YORK. PA 17402 TEtEPHOSE: 215-246-0900 SL:PRE.\fE COl.lltT 10 ,: AnOR."E"!' FOR: DEFENDANT DATE: , J.lA.l~ - "7, 2001 , ) Sui of the Court ,< - - "" ~, - EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR.KANEDA ORTHO. INSTITUTE OF PA 3916 TRINDLE RD. CAMP HILL" P A 17011 RE: 63206 MARY ELLEN KOCHER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: MARY ELLEN KOCHER 310 VALLEY ST., MARYSVILLE" PA 17053 Social Security #: 197-56-4928 Date of Birth: 02-21-1975 SUIO-310040 .. 63206-L02 - CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF, COURT OF COMMON PLEAS MARY ELLEN KOCHER TERM, -VS- CASE NO, 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANN M. GRAB, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE, 07/03/2001 ANN M. GRAB, ESQUIRE Attorney for DEFENDANT DEll-2625l4 63206 -LO 3 .'1 ,,~ " ~ ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF I COURT OF COMMON PLEAS MARY ELLEN kOCHER TERM. -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ] TO: CHRISTOPHER J. KNIGHT. ESQUIRE MATTHEW D. STROHM. ESQUIRE MCS on behalf of ANN M. GRAB, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below ~n which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made. then the subpoena may be served. Complete" copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/11/2001 MCS on behalf of ANN M. GRAB. ESQUIRE Attorney for DEFENDANT CC: ANN M. GRAB. ESQUIRE - 100024-265 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-155510 63206-C02 "~ 'I , ~, "~T" ~ RECORDS REQUESTED MEDICAL MEDICAL MEDICAL ~ICAL MEDICAL MEDICAL '1 ,~ o >>> LOCATION LIST <<< "",r_ PAGE: 1 LOCATION IIAHE LYNN CORNELIUS. M.D. DR. KAHEDA. HARRISBURG HOSPITAL HEALTHSOUTII HOLY SPIRIT HOSPITAL POLYCLINIC HOSPITAL DE02-155510 63206 -C 0 Z ..." COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLA..'m MARY ELLEN KOCHER VS ELIZABETH MILLIKEN & BRIAN M. HOFFMAN FiteSo. ?OOO-'n7 CIVIL SUBPOENA TO PRODUCE OOCUME-..,.S OR THe'IGS FO R DISCOVERY PURSU A.I\.,. TO RULE 4009.21 CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL TO: (~.&me of P~non or Etu:if!t .....i:hin rw.~' 1:0) d.ys .&iter se,,'ic. of tltis subp""n.. you u. orelered by the aourt to prod..ce the following documonts or things: SEE ATTACHED .1 MCS GROUP INC.. 1601 MARKET ST., d800. PHILA.,PA 1~103 l."ddrft.. You m.y elein'" or m.il legible copies of the documen.. or produ.e thinp request.d by tlUs subp""n.. tago:ho, wi.h :h. ,o"ifiou.,,; ,ompli.nc.. to the puty lnwng this requ", .tlhe .ddnss listed abov.. Yo.. Mve the right '0 ...k. ,n .d\' onc., ,h. ,....on.bl. co.t of preparing the copies or produ.ing ,he tlUngs _pt: If ~'ou foil to roelu.e the document. or tltings toquired b.. ."'. .ub,.,.,.... wit....... twenty (20) da~" atter ilS "''''''0. tho PUT)! ""'ing ,hi. '~=po.n. m.y seek..01Ut order compelhnl "OU '0 COMply with i"_ THIS SLllPOENA WAS ISSUED ATTIiE REQL'tST OF THE FOLLOWING PERSO:-:: ~:\ME: ANN MAR~A~F." ~RAR. F.~O. ...DDRESS: 110 SOUTH NORTHERN WAY YORK. PA 17402 TEtEPHOSE: 215-246-0900 Sl,;PRE.\fE COURT ID /I: AITOIt>.;EY FOR: DEFENDANT BY /~ DATe: .... JJ.JJP -7 :J.oc; / , Seal of the Court EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 17101 RE: 63206 MARY ELLEN KOCHER Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: MARY ELLEN KOCHER 310 VALLEY ST., MARYSVILLE" PA 17053 Social Security #: 197-56-4928 Date of Birth: 02-21-1975 SU10-310042 632. 06 - L 03 " -1- ,p-" }- -".-1 .,., CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MARY ELLEN KOCHER TERM, -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANN M, GRAB, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be secved is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 07/03/2001 ANN M. GRAB, ESQUIRE Attorney for DEFENDANT DEll-2625l5 6320 6-LO 4 "'f) ,~,' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MARY ELLEN KOCHER TERM. -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN. ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCIUMENTS AND THINGS FOR DISCOVERY PURSUAN'r TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: CHRISTOPHER J. KNIGHT, ESQUIRE MATTHEW D. STROHM. ESQUIRE MCS on behalf of ANN M. GRAB. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below ;n which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/11/2001 MCS on behalf of ANN M. GRAB, ESQUIRE Attorney for DEFENDANT CC: ANN M. GRAB, ESQUIRE - 100024-265. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-155510 63206 - CO 2 " , -'1 ~. >>> LOCATIOR LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL ~ICAL MEDICAL MEDICAL ,~ PAGE: 1 LOCATIOR IIAKE LYllR C01lllELlUS, M.D. DR. lWlEDA IlARlUSBURG HOSPITAL HEALTHSOtml HOLY SPIRIT HOSPITAL POLYCLIBIC HOSPITAL DE02-155510 63206 -c 0 2 COMMOl'lWEAL TH OF PENNSYlVANIA COUNTY OF CUMB~RL.-\..'iD MARY ELLEN KOCHER VS ELIZABETH MILLIKEN & BRIAN M. HOFFMAN File :'110. ?nOO-q~7 CIVIL SUBPOENA TO PRODUCE DOCUME\*TS OR THINGS FOR DISCOVERY PURSUA.1'Io*T TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: HEALTH SOUTH TO: (S..m~ of Penon or ElU::i'!'. Within rwr~' (:el) dlYs after service of this subpoeM. you ue orderl!'d bY'the aNrt ta produce the follow1ns documents or thins.: SEE ATTACHED it MCS GROUP INC.. 1601 MARKET ST.. #800. PHILA. ,PA 19103 (,'d.......l You mlY deunr or mail1egible copies of the do<umenrt or prod.... things "","esled by lhi! ...bpoenl, IOS.t,,", with th. c."ifiult 0: compliln". to lhe puty molting this ,.qunt.. the aclclreu listed above. Yo.. !Ia"e the riSht to ,..", ,n .d'In<., tho ,"uonlble <ost of preparing the copi.. o. procl..rin! lh. things _!hI. If you foil to ;::,oclu<e lhe c1oc:umenlS or things requirrd bY t!'us ...bpom.a. wit.'Un twenty (:!O) da~'s Ul.. ItS ,.,v 'co. :h. puty ,.,,'inS titi. '~"poena may seek I <ourt order <ompellin! v... t. c."'ply with i'_ THIS SLllPOENA WAS ISSUED AT THE REQl:UTOFnrEFOtLOWlNG PERSO~: ~AME: ANN MA1U~A1H~'1' ~RARA RgO. ADDRESS: 110 SOUTH NORTHERN WAY YORK. PA 17402 TELEPHO~:: 215-246-0900 ST.;PRE.\fE COURT IO I: ... TIOR."E'Y FOR: DEFENDANT DATE: .....)t..u... )p '7 ?-co I , 8YrJ:~T: j) d: /)) <" Prathonotary/Cerk. 0&"0" /2;0/)-,0 fl a/,/ . "'1' Seal of the Court , . , ,? I-,~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTIISOUTH 503 BRIDGE ST. NEW CUMBERLAND, PA 17070 RE: 63206 MARY ELLEN KOCHER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: MARY ELLEN KOCHER c 310 VALLEY ST., MARYSVILLE" PA 17053 Social Security #: 197-56-4928 Date of Birth: 02-21-1975 SU10-310044 63206 - L 04 ''''! I ~ ~ ",,"'I CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MARY ELLEN KOCHER TERM, -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANN M. GRAB, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 07/03/2001 ANN M. GRAB, ESQUIRE Attorney for DEFENDANT DEll-2625l6 63206 -LOS "I ,,_0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMKON PLEAS MARY ELLEN KOCHER TERM. -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN. ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: CHRISTOPHER J. KNIGHT, ESQUIRE MATTHEW D. STROHM, ESQUIRE MCS on behalf of ANN M. GRAB. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete" copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/11/2001 MCS on behalf of ANN M. GRAB, ESQUIRE Attorney for DEFENDANT cc: ANN M. GRAB. ESQUIRE - 100024-265 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA.. PA 19103 (215) 246-0900 DE02-l555l0 63206-C02 ~"-<'!" ":1 ""' ~.' RECORDS REQUESTED MEDICAL MEDICAL MEDICAL ~ICAL MEDICAL MEDICAL >>> LOCATIO. LIST <<< '" , , PAGE. 1 LOCATIO. !lAME LYNII CORllELIUS, M.D. DR. 1WIlmA HA1llUSBURG HOSPITAL HEALTBSOUTH HOLY SPIRIT HOSPITAL POLYCLINIC HOSPITAL DE02-1SSS10 63206 -C 0 2 ,,~ COMMON'WEAl TH OF PENNSYLVANIA COU:-.ITY OF CUMBERl.~'I'D MARY ELLEN KOCHER VS ELIZABETH MILLIKEN & BRIAN M. HOFFMAN FiI.So. 7000-'1,7 CIVIL SUBPOENA TO PRODUCE DOCUME\.,.S OR THINGS FOR DISCOVERY PURSUA."" TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (~..me of Pel"Jon ar =ciry~ Within rw''''Y 1:0) days oftor s,,,,;.. at this subpoena. you are ordored by the ......rtto prod.... tho following docum,nts or 'hings: SEE ATTACHED al MCS GROUP INC., 1601 MARKET ST.. iIBOO, PHILA. ,PA 19103 1.'d4tft.) You may deii...r or mail legible copies of the da<umenn or produ.. tltlnp fftl"ested by this subpoena. log",h", with .he ..rtifiute a! <omplian...to the party making this roqu... atth. addrou lUted abov.. Yo.. Ita... the right to s.... ,n .d"OIl". th, ~..onabl, COSI at preparing Ih. copies or producing the things _gill. If you fail to ?todu., the do<um.nls or lhings roquirtd bY llUs ..,bpom.a. witl-Jn tw.nty (:0) ca~'s aft.. its s.,,',... ,h. patty ""'ing titis ''''poena may seek a court ardor compelling' 0\1 to COlllply with i"_ THIS SL'BPOENA WAS ISSUED AT THE REQl:'ESTOFTIiEFOllOWING PERSO=": :'\AME: ANN MAR~ARF.T ~RAR_ F.so. ADDRESS: 110 SOUTH NORTHERN WAY YORK. PA 17402 TEtEPHOSE: 215-246-0900 ST.;PRE.\fE COt"llT 10 .: .... TIO\L-;EY FOR: DRFENnANT B '110ft .",J DATE: ......L..t....:lp 'I ;)(~ I , S.a1 of th. Court .~, ~<.~ , EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST ST, CAMP HILL, PA 17011 RE: 63206 MARY ELLEN KOCHER Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: MARY ELLEN KOCHER 310 VALLEY ST., MARYSVlLLE" PA 17053 Social Security #: 197-56-4928 Date of Birth: 02-21-1975 SUIO-310046 63206 - LOS , . r C' ~I CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF:" COURT OF COMMON PLEAS MARY ELLEN KOCHER TERM, -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANN M. GRAB, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 07/03/2001 ANN M. GRAB, ESQUIRE Attorney for DEFENDANT DEll-262517 632. 0 6 - L 0 6 ',,~ - -~~.. , ", ,- I -1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COHMON PLEAS MARY ELLEN KOCHER TERM, -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN. ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: CHRISTOPHER J. KNIGHT. ESQUIRE MATTHEW D. STROHM. ESQUIRE MCS on behalf of ANN M. GRAB. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period iso waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/11/2001 MCS on behalf of ANN M. GRAB. ESQUIRE Attorney for DEFENDANT CC: ANN M. GRAB. ESQUIRE - 100024-265 Any questions regarding this matter. contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-155510 63206-C02 -?I .- >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL ~ICAL MEDICAL MEDICAL '11 . PAGE: 1 LOCATION NAME LYNN CORNELIUS, M.D. DR. KANEDA HARRISBURG HOSPITAL HEALTH SOUTH HOLY SPIRIT HOSPITAL POLYCLINIC HOSPITAL DE02-155510 632. 06 - C 0 Z ~. COMMOl'l'WCAL TH OF PENNSYt. VANIA . COUNTY OF CUMBERlA..'iD MARY ELLEN KOCHER VS ELIZABETH MILLIKEN & BRIAN M. HOFFMAN File So. ?OnO_Q':\7 CIVIL SUBPOENA TO PRODUCE DOCUME-..,.S OR THINGS FOR DISCOVERY PURSUA.1'I,'" TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL (!\'I.mif of Per'foft Of =cif!') Within rwl!~' rZO) diy. liter sen'ice of this subpoena. you ue ordered. by the court to produce the folJowins documents or 'hings: . SEE ATTACHED al MCS GROUP INC.. 1601 MARKET ST., "800, PHILA..PA 19103 l_"dd..rft.. You may dein'l!\' or mail legible ,opies of the dotumen" or produ," tlUnp reqaesled by this subpoena.logelne' wi'n lne certifiul. 0; complian,e. to the parry I2Iwng this reques' at lh. address listed above. You ha\'tlhe righllo seei<. In ads'an(e. lh. ,"uonable ,ost of preparing the (opi.. or P,odu(,nl,he thinss -!!hI. If you fail to ?,odu,elhe dotumenls or things requirtd ~v ,n.,II"b~ wit....itt twenty (~) cays afler its se"."e, tne party sen'ing this I\::tpoena may seek,l toW! order compelllt'" "0... '0 colftpl" with it. THIS St."BPOENA WAS ISSUED AT THE REQI.~ST OF THE FOttOWlNG PERSOS: ~A~'v{E: ANN MAR~ARF.T r.RAR. F.~o. ADDRESS: 110 SOUTH NORTHERN WAY YORK. PA 17402 TELEPHOS!: 215-246-0900 Sl,;PREME COUJtT ID /I: A no RSE"!' FOR: DEFENDANT DATE: -.J I.J ^- ) f' /7, dOOI B~~RJi) ~r ProlhDnawylCl~"'" .--. L2o/nP ,P G ,", r ~ry --. Seal of the Court .-, ,~ " - EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL 2601 NORTH THIRD STREET HARRISBURG, PA 17105 RE: 63206 MARY ELLEN KOCHER Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: MARY ELLEN KOCHER 310 VALLEY ST., MARYSVILLE" PA 17053 Social Security #: 197-56-4928 Date of Birth: 02-21-1975 SUIO-310048 63206 - LO 6 - ~~ , ~, ,,", ~""~~I'f"_.,-",")jI'1~wt~\,_.,,,...,,,.. C) ~~ "'''1 -< c,'; -) ---\-J ['.j "'''.) j::} -< L') _U!!lMlWl~t~ . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MARY ELLEN KOCHER TERM, -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN. ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANN M. GRAB, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. des ~ b~!~ 'Y l{~{2{~IRE Attorney for DEFENDANT DATE: 07/05/2001 DEll-26379763206-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MAT'lER OF: COURT OF COMMON PLEAS MARY ELLEN KOCHER TEllH, -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL NOTICE OF IN'l'ENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations J TO: MATTHEW D. STROm!, ESQUIRE CHRISTOPHER J. KNIGHT, ESQUIRE I1CS on behalf of ANN K. GRAB, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below ii1 which to file of record and serve upon the undersigned-an objection to the subpoena. If the twenty-day notice period is~' waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local I1CS office. DATE: 07/03/1998 KCS on behalf of ANN K. GRAB. ESQUIRE Attorney for DEFENDANT ec: ANN K. GRAB, ESQUIRE - 100024- 26~ Any questions regarding this matter. contact THE I1CS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-156060 63206-CO 1 '"j ~r-'''I _.-"n_ , = ,~ >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL EMPLOYMENT ~'1~. ., PAGE. 1 LOCATION NAME DR. VINCENZO DELROSARIO DR. CARRIE LIGHT FIRST RATIONAL IlAllK MARYSVILLE DE02-l56060 63206 - C 0 1. COMMOr-.....VEAL TH OF PENNSYLVANIA COUNTY OF CUMBERl.~"D MARY ELLEN KOCHER VS File So. 2000-937 CIVIL ELIZABETH MILLIKEN & BRIAN M. HOFFMAN SUBPOENA TO PRODUCE DOCUME--'-S OR THINGS FOR DISCOVERY PURSUA.I\,- TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. VINCENZO DELROSARIO (S..me of P~rson or =...,ory) Wi:hin rwe~' r:o) d,ays after sen'ice 01 this subpoena. you ue ordered. by the C'Outt to produce the following doc\lments or '''ings: SEE ATTACHED ~ .. MCS GROUP INC., 1601 MARKET ST., 1/800, PHILA. ,PA 19103 (.~d<1res.) You m.~' d.u,'" or m.i11.gibl. copies of th. docum.nts or product thin9 l'e<!"esred by this subpoena. ,ogoth., with ,he ctrtificat. 0: ,0mpJianct. to the puty mwng this ..qu.st at the address listed above. YOIl have tho righ' '0 s..k. in ad\'anct. th. ~..on.bl. cost of preparing the copi.. or producing th. things -!ht. If you fail to ;::oduct the docllm.nts or things ..qui,.d by this subpoena. wit:-om twenty PO) c.ys ait.. itS sermo. t"o parry se,,'ing ';us s~"poen.o m.y seek. COll:t order ,omp.lling Y'ou '0 comply with r_ THIS SL"BPOENA WAS ISSUED AT THE REQL'EST OF THE FOLLOWING PERSON: .\'AME: ANN M. GRAB. ESO. ADDRESS: 110 S. NORTHERN WAY YORK. PA 17402 TELEPHO.\':: 21,-246-0'lOO Sr.;PRE.\fE COUR.T 10 ,: ArrOR."E"t' FOR: DEFENDANT DATE; '-.)'1. ,,~ / ~ .:.J6J1 , " Seal of the Court -" - '9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. VINCENZO DELROSARIO HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 63206 MARY ELLEN KOCHER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or Ireatment. Dates Requested: up to and including the present. Subject: MARY ELLEN KOCHER 310 VALLEY ST., MARYSVlLLE" PA 17053 Social Security #: 197-56-4928 Date of Birth: 02-21-1975 SU10-310920 63206 -LO 7 '_',r - o. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MARY ELLEN KOCHER TERM, -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANN M. GRAB, ESQUIRE , certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 07/05/2001 ANN M. GRAB, ESQUIRE Attorney for DEFENDANT DEll-263798 63206-LOa ".,"~, " <" - _.f CO~ONWE.ALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF. COURT OF COMMON PLEAS MARY ELLEN KOCHER TEllM. -VS- CASE NO. 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL NOTICE OF IN'l'EN'r TO SERVE A SUBPOENA TO PRODUCE OOCUJmN'rS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note. see enclosed list of locations ] TO. MATTHEW D. SnOBM, ESQUIRE CHRISTOPHER J. KNIGHT, ESQUIRE KCS on behalf of ANN H. GRAB, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the datfl listed below in which to file of record and serve upon the undersigned-an objection to the subpoena. If the twenty day notice period is.. waived or if no objection is made, then the subpoena may be served. Complete copies of any rep~oduced reco~ds may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE. 07/03/1998 KCS on behalf of ANN H. GRAB, ESQUIRE Attorney for DEFENDANT CC. ANN K. GRAB, tSQUIRE - 100024-265 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-156060 63206 - C 0 1. >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL EMPLOYMENT '" "I PAGE. 1 LOCATION NAME DR. VINCENZO DELROSARIO DR. CARRIE LIGHT FIRST RATIONAL IlAllK MARYSVILLE DE02-156060 63206-C01 _1lIllII COMMONvVEAL TH OF PENNSYLVANIA - COUNTY OF CUMBERL.~"D MARY ELLEN KOCHER VS File So. 2000-937 CIVIL ELIZABETH MILLIKEN & BRIAN M. HOFFMAN SUBPOENA TO PRODUCE DOCUME--'-S OR THINGS FOR DISCOVERY PURSUA.I\,- TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARRIE LIGHT (S &me of Person or E:u::iry) Within t"'A'r~' ,~) d.ays Uter ser"\'ice of this subpoena. you .are orderl!'d by the C'Ourt to produce the following documents or things: SEE ATTACHED at MCS GRnUp INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (.~d<1res.) You mlY d.u,'.. or m.i1I.gible copies of the docum.nts or prod lice thin9l'e<!"ested by this sllbpoen.. together with 'he ,ertificate 0: ,ompli.nce. to th. puty mwng this request It the .ddress listed above. YOIl have the right '0 se.k. in ad\'ance.the ~..on.bl. cost of preparing the copi.. or producing th. things -!ht. If you fail te ;::odu<t the docllments or things requir.d by this subpoena. wit:-om twenty (:!O) c.ys aiter its se,,'ioe. t"e parry se,,'ing l;US '~"poen.o m.y seek. cOll:t order compeiling you to comply with r_ THIS SL1lPOENA WAS ISSUED AT THE REQL'EST OF THE FOLLOWING PERSON: SAME: ANN M. GRAB. ESO. ADDRESS: 110 S. NORTHERN WAY YORK. PA 17402 TELEPHOS:: 21,-246-0'l00 Sr.;PRE.\fE COURT 10 ,: ArrOR."E"t. FOR: DEFENDANT DATE; - ),...tA )p JI,?/''V">,1 ~ Seal of the Court =:;i 7/9:> it,....." .. - ,. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. CARRIE LIGHT HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, P A 17011 RE: 63206 MARY ELLEN KOCHER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: MARY ELLEN KOCHER 310 VALLEY ST" MARYSVILLE" PA 17053 Social Security #: 197-56-4928 Date of Birth: 02-21-1975 SU10-310922 63206-LOS <''':- - ~~.,~ - 1- ,_'u , . -,.' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF:. COURT OF COMMON PLEAS MARY ELLEN KOCHER TERM, -VS- CASE NO: 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANN M. GRAB, ESQUIRE - certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent. including the proposed subpoena, is attached to this certificate. (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 07/05/2001 ANN M. GRAB, ESQUIRE Attorney for DEFENDANT DEll-263799 63206-L09 ~-'- , ~" - "1 -.. .~ ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTElI. OF. COURT OF COMMON PLEAS MARY ELLEN KOCHER TEllH, -VS- CASE NO. 2000-937 CIVIL ELIZABETH MILLIKEN, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note. see enclosed list of locations ] TO. MATTHEW D. STROHM, ESQUIRE CHRISTOPHER J. KNIGHT, ESQUIRE MCS on behalf of ANN M. GRAB, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned-an objection to the subpoena. If the twenty. day notice period is~- waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be o~de~ed at your expense by completing the attached counsel card and retuming same to MCS or by contacting our local MCS office. DATE: 07/03/1998 MCS on behalf of ANN M. GRAB, ESQUIRE Attomey for DEFENDANT CC: ANN M. GRAB, ESQUIRE - 100024-205 Any questions regarding this matter. contact THE MCS GROUP INC. 1601 MAaKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-156060 63206-CO l 'C -,' >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL EMPLOYMENT 'f' PAGE. 1 LOCATION NAME DR. VINCENZO DELROSARIO DR. CARRIE LIGHT FIRST RATIONAL BANK MARYSVILLE DE02-156060 63206 - C 0 1. COMMO!\:'VVEAtTH OF PENNSYLVANIA - COUNTY OF CUMBERl.~"D MARY ELLEN KOCHER VS File So. ?000-'l17 CIVIL ELIZABETH MILLIKEN & BRIAN M.HOFFMAN SUBPOENA TO PRODUCE DOCUME--'-S OR THINGS FOR DISCOVERY PURSUA.1I.;-r TO RULE 4009.22 TO: r.nS1'ODTAN OF RECORDS FOR: FIRST NATIONAL BANK OF MARYSVILLE (~&me of Ptnon or Entiry) Within rw.~' 1:0) doys aiter se",ice of this subpoen.o. YOIl U. ord.red by the ""lilt to produc. the following documents or things: ~l?"F A'1''l'Af'.H'F.n at MCS GROUP INC., 1601 MARKET ST., 1/800, PHILA. ,PA 1,9103 1.~d<1res'1 You moy d.ih'" or m.i1I.gibl. copies of the docllm.nts or produu thin9l'e<!"ested by this sllbpoen.. togo,no, wit" '''. certificate 0: compli.nc..to the partymwng this requ.st.tth. .odclres listed above. YOIl h....th. right to seoK. ,n .d\'an<f. 'h. ~..onoble cost of preparing the copi.. or prodlldng the things _gill. If you fail to ;::odllce the documents or things required by this subpoena. within tw.nty (:!O) cays aiter i,s '."'''e, ,no p~' se,,'ing ';us '~"po.n.o m.y se.k a court ord.r comp.lling YOIl to comply with r_ THIS SLllPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSOS: .\'AME: ANN M. GRAB, ESQ. ADDRESS: 11 n ~ NOR'l'HFRN tJAY YORK, PA 17402 TELEPHO.\':: 21, 246-0'lOO Sr.;PRE.\fE COI....RT 10 ,: ArrOR."n- FOR: DEFENDANT DATE; ..JII~)F J / ';:>'/y)/ I Seal of the Court - ' - "' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FIRST NATIONAL BANK MARYSVILLE MARYSVILLE, PA 17053 RE: 63206 MARY ELLEN KOCHER Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: MARY ELLEN KOCHER ' 310 VALLEY ST;, MARYSVILLE" PA 170S3 Social Security #: 197-56-4928 Date of Birth: 02-21-1975 SUIO-310924 63206 -LO 9 "'I""" ~ -~ ,-, " !I "'1""- - '''r (') C :? ?U'.' .c-'_ U? ~ C~.:~ ) '''";~c: b,,,. j:,~\! :'-;,' ...i"':' =< ,-- ~, (.., :-= --:! I ID !"'.) 'T> ;~ 'iJ -< ~~ JII!!iIl!ll!i!I""'l!IlIiIi1~dlW"-~'1''''~~~~ ,,_~~.I!I!II'!ftI!l!IfJXI , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff No. 2000-937 CIVIL v. CIVIL ACTION - LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 12th day of September, 2001, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Deposition by United States Mail, addressed to the party or attorney of record as follows: Matthew D. Strohm, Esquire Dissinger & Dissinger 400 South State Road Marysville, PA 17053 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 0~ b? 6-.. Ann Margaret GrlJlS' Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 r:;-~~ - - "'-~--"I :'.'.-'. " - ' - -~,-t~,',-_ .",,,,,. , :'Q I , I I 0 0 0 c " :s:: U> "'Uro rr1 'J ITlrn " r- Z::r; '-'Ei zc (1)"5 w C3).} -<-- "-j-~7-= ~o :2 ,- " )>0 ~ C5~5 20 :~rn 0 >c 'i;! ~ l"" ::0 (T'I -< ."- '.""',C ~~llllR.j"'~IIlI_ _0 , . -"~.,~,~ - ~~ . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2000-937 CIVIL MARY ELLEN KOCHER, v. ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Elizabeth A. Milliken-Levesque, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: ~~.~ Brian R. Sinnett, Esquire Attorney 1.0. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 d il 1.l II " i! 'I rl J,I :1 II il II ;i ij ,I Date: 't1r~3 I; , H F ., n i!~ - )'~,':",:-~_d'''''" "'~~'''''''''' ',-'", ,'-'~'-<"- ',''','"',' '''~''.'' ~,,',"'7,,_.,"_P,,_, ,~- -- . .- ,- ~-'" "."'~-- .,<, "", %'. CERTIFICATE OF SERVICE AND NOW, this Lj'f'. day of April, 2003 I hereby certify that I have served the foregoing Praecipe entering my appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 William Dissinger, Esquire Dissinger & Dissinger 400 South State Rd. Marysville, PA 17053 ~;{.~ Brian R. Sinnett, Esquire 0- < "., '1.,;'}'-:'?""1'-i'~ '""""","'1,,_ ,--.,-." , h__ _';__""'_'__ , ~,~,_ -"-",. . - '- --" - ~ _',_ _2__, '._' ''- - - -~-, ."' ~ '- ~ ",,-- $ ~.. .--?-'",", c,./.'.""'~~ , >~-- ',". -" ,.=-v.__ " ,." "~'.', .1lI!1!1l~J!f"l (") c ~ "'065 rTlrF; -.....-". ~g~>: -<,' r..;:c~ )> -, ~'7'~ , );: ;;~: ~ ,~ ~....... C L..) b, ;j I .'" C -:;-'-1 [: ~~;'c;; r.!..., -' ~T~ -::;:0 - '(~ ....."~rn ~ -< V ~..t... , , ":~ ':::> c.:> ~~~ _s . -"-~.} PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) ro THE P!PI'HONJTARY OF CUMBERLAND COUNTY Please list the following case. (Check one) (x) for JURY trial at the next tenn of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) (X Civil Action - Law Appeal from Arbitration (other) Mary Ellen Kocher (Plaintiff) vs. Eli.zabeth A. Milliken and Brian M. Hoffman The trial list will be called on8/l2/03 and Trials corrmence on 9/ 8/03 (Defendant) Pretrials will be held on B / 20 / 03 (Briefs are due 5 days before pretrials. ) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) I9" 200L) No. 2000-937 Civil Indicate the attorney who will try case for the party who files this praecipe: "',m M,l"garet Grab. Esquire, 110 South Norcnern \",3.y, York, FA 1740:2 Indicate trial counsel for other parties if known: William G. Dissinger. Esquire, 400 South State Road, Marysville, PA 17053 B . Sinnett Es uire 2411 North Front This case is ready for trial. Signed: Print Name: Ann Marg ret Grab, Esquire Date: Juh 9, 2003 Attorney for: Defendant, Brian M. Hoffman "M ~, I"' ~ ~, ~r ~....", ,N','",,,,,,,,,,.,. =. ~ I;li!Ill\IImIl'f""!I'II"~"""" _~~I"'l'lI 0 C, 0 C (.J 'n $:: So:: ~...--{ .UL'L' ',- "_-7; rnrr; ;'- (r=-- Z:::C -~] ';--n ~?~~';' 0 -_;~J'I:;J ~:~C~ C:::C:'i -0 ~~~ )>c, ~.. Zc ':'i? )>,~, ~ ~ ~ i" en -< ,"" "',", ,.,:,' .~''''''''''1' 15. Mary Ellen Kocher v Elizabeth A. Milliken and Brian M. Hoffman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-937 CIVIL TERM ORDER OF COURT AND NOW, August 12, 2003, by agreement of counsel, the above captioned case is hereby continued from the September 8, 2003 trial term. Counsel is directed to relist the case when ready. '*i11iam C. Dissinger, Esquire For the Plaintiff \ ~ R. Sinnett, Esquire ~-Margaret Grab, Esquire For the Defendants Court Administrator ld 'f""._ , ' < T~ "'~ O'6-JII~C0 " .~ I By the Court, :"1 -'F ~ .-, ~ ""--> '"~ ~..;.- - <"' ~-~ ~ ~, .~~....-. o c -~ :;,. "Oce 9.2 s' Zr V>~, -<. ,-,- <'-- ""\---.-- 2~-~' p;:-_: .:..;:.; ~ .~ ('..;J W )::: ?=; ~ ::? I-;';F -Jfn ',,-JO ~~~6 ~~~ s;! :v -< .r.:-- -0 ::2:: ~~) '-.) (l:) . II ,- -- " ii , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, plaintiff No.2000-937 Civil vs. CIVIL ACTION - LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants PRAECIPE TO: Prothonotary of Cumberland County please mark the above captioned case discontinued. Date: jfJ/7J3 I ' a;( William C. Dissinger Attorney for Plaintiff '~_.~,~ "I r ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ELLEN KOCHER, Plaintiff No.2000-937 Civil vs. CIVIL ACTION - LAW ELIZABETH A. MILLIKEN and BRIAN M. HOFFMAN, Defendants CERTIFICATE OF SERVICE I, William C. Dissinger, do hereby certify that I have on the date indicated, served a true and correct copy of the attached Praecipe on the person indicated by depositing the same, postage prepaid, with the united States mail, addressed as follows: Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos and Calkins 110 South Northern Way York, PA 17402-3737 Brian R. Sinnett, Esquire Nealon and Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Date: /0/7 ~3 , ~ ~ 4/{- -- W'll' C D' , l lam . lsslnger ',P)Il~""""''''''''~ . I! """,,~,,!~-~ ., I' ~ ~_ o. ,,,. --. (') C) 0 C yo -n -~ <. c:> "Dei " --, m,-" -.; 2::1:' ~~ '.:~ 'D ~, C::CJ " ~<i~ "t;;c z. :jt ~}C) :p:E ~~) 7)m ::c.:, z: => "'1-": ::< ':0 \0 -< , ,~ i!!!l~"'<]"""mm~'!r.""~,i-'!3'!'",~I~~~.mm,~ ", ~ " [fJl