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HomeMy WebLinkAbout00-02212 ,JESSICA L. KOST, a minor, by TERESA L. WETZEL, her quardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiff, VB. CIVIL ACTION - LAW MELISSA ANNE CLARK, Defendant. DOCKET NO. 00 - :JJ./:J. ({u:(~~ JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further 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. \0\' ,.-., 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. Court Administrator Cumberland County Courthouse, Fourth Floor Carlisle, PA 17013 (717) 240,6200 '" ,--," ~ ." "i JESSICA L. KOST, a minor, by TERESA L. WETZEL, her guardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VB. CIVIL ACTION - LAW DOCKET NO. {.'tJ. .1.21.1.. ~ 0,,- MELISSA ANNE CLARK, Defendant. JURY TRIAL DEMANDED COMPLAINT NEGLIGENCE AND NOW, comes Teresa L. Wetzel (hereinafter "Plaintiff"), guardian for Jessica L. Kost, a minor, by and through her attorneys, Gates & Associates, P.C., and makes the following complaint: 1. Plaintiff is an adult woman now residing at 219 South York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff's minor, Jessica L. Kost, was born on June 19, 1987. 3. Jessica L. KOBt is Plaintiff's natural daughter and has resided with Plaintiff at all times relevant hereto. 4. Melissa Anne Clark (hereinafter "Defendant") is an adult woman now believed to be residing at 84 West Main Street. New Kingstown, Cumberland County, Pennsylvania 17072. 5. On Monday, April 20, 1998, at approximately 2:48 p.m., Defendant was driving a 1996 Chevrolet S-10 pickup truck in Mechanicsburg Borough, Cumberland County, pennsylvania. JliIl!~_ , , 6. Defendant was driving eastbound on West Simpson Street toward the intersection with South York Street. 7. At the same time, Plaintiff' s minor was serving as a school crossing guard at the intersection of West Simpson Street and South York Street. 8. Plaintiff's minor was wearing a fluorescent vest and was carrying a crossing guard flag. 9. When Plaintiff's minor entered the intersection in order to perform her duties as a crossing guard, she was struck by the vehicle driven by Defendant. 10. Defendant drove away from the accident scene without stopping and later surrendered to the Mechanicsburg police. 11. Plaintiff's minor suffered massive head trauma as well as contusions and abrasions to her arms and legs. 12. Plaintiff's minor remained conscious fOllowing the accident and experienced severe pain and distress. 13. Plaintiff's minor was hospitalized for five days during which time she underwent extensive life-saving surgery, including the insertion of screws that will remain in her skull for the rest of her life and that will render her prone to infection. 14. Due to her injuries and treatment, Plaintiff' s minor missed four full days and three half days of school. 15. Defendant had reason to know or apprehend that children such as Plaintiff's minor might be in the vicinity of the intersection and might place themselves in danger. 2 .- '0 16. Plaintiff's minor was in the place of danger, i.e. the intersection, for a sufficient length of time for Defendant to observe her and bring the vehicle under control so as to avoid striking her. 17. The accident was caused by Defendant's negligence in that she failed to control her vehicle in such a way as to avoid striking Plaintiff's minor, including but not limited to the failure to drive at a speed which was reasonable and prudent under the existing circumstances and hazards, as required by 75 Pa.C.S. ~3361. 18. As a direct and proximate result of Defendant's negligence, Plaintiff's minor sustained the injuries described above and experienced severe pain and suffering. 19. As a direct and proximate result of Defendant's negligence, Plaintiff's minor will continue to experience residual effects from her injuries. 3 , -, - ~ . WHEREFORE, Plaintiff respectfully demands judgment against Defendant for damages in an amount exceeding the threshold for compulsory arbitration under local rules, together with such other relief as the Court deems appropriate. Respectf BY: Lowe 1 R. Gates, Esquire Sup erne Court I.D. #46779 101 Mumma Road, Suite 100 Lem yne, PA 17043 (71 ) 731-9600 (Attorneys for Plaintiff) DATED: ~( 10, 2000 4 ;~.~ --- = .'1 ",. v '. .. ~ VERIFICATION The foregoing complaint is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of my counsel and is not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of my counsel, I have relied upon my counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ,/fVLU a ~ ~)fdjd TERESA L. WETZEL Dated: Lf-6-CD , 2000 "" - -" SHERIFF'S RETURN - REGULAR CASE NO: 2000-02212 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOST JESSICA L ET AL VS ClARK MELISSA ANNE BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon Cl,ARK MELISSA ANNE the DEFENDANT , at 0013:50 HOURS, on the 14th day of April 2000 at 84 WEST MAIN ST NEW KINGSTON, PA 17072 by handing to BRIAN HORLEY (ROOMMATE) a true and attested copy of COMPLAINT & NOTICE together with IN NEGLIGENCE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.72 ,00 10,00 ,00 31.72 ~.......,/ ~'.i ~....~~ ~! R. omas Kline me this /9 ~ day of 04/18/2000 GATEE & AES~ J By: at ~ , Deputy Sherlff Sworn and Subscribed to before ~, 'j.:Lo-vu A ,D , ~Q 7n'/#~"I~~ ... othonotary I >~1!ill'l J ..' JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2212 CIVIL TERM : CIVIL ACTION - AT LAW MELISSA ANNE CLARK, DEFENDANT : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Melissa Anne Clark, with regard to the above-captioned matter, Respectfully submitted, NEALON & GOVER Date: ~ fct/O 0 B0>>\~ Y\- Matthew R. Gover, Esquire Attorney I.D, #47593 301 Market Street -- 9th Floor P,O, Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 '" , ""!",,,__, _ .~-,_/.."_~-.-.. -, -''''_-'_,_V_7._'',_,','9'..___f_.'',~'!'l.',' ," "~____,~", _, ~_"__,,,_,_.,~_ .c_____ "' __~__.._~- .'" .. .. "'. ,_ ',-- CERTIFICATE OF SERVICE AND NOW, this 10th day of May, 2000, I hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Lowell R. Gates, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 ~ ;;xt?J.~ Matthew R. Gover, Esquire -'li!li! . " - ",--'-~--5',.'",_" ',"'-' '^ "" J,*"-- .,','-, --- "~~""---"-''- - .-- >,','-'- . .-- < JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, v. MELISSA ANNE CLARK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2212 CIVIL TERM CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Jessica L. Kost, a minor, By Teresa L. Wetzel, and their attorney, Lowell R. Gates, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 YOU ARE HEREBY NOTIFIED, that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof, Failure by you to do so may constitute an admission, RespectfUlly submitted, NEALON & GOVER Date: 05/11/00 By:-1A1~~ Matthew R. Gover, Esquire Attorney I.D, #47593 301 Market Street -- 9th Floor P,O, Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 li-." ,-,:--"...,,-" ',":'''','''-'''.',-,- "___-" ~- ';-,,,~'_-'- ~-,'_'_i"'~""_ _-,". ;-'.^; ~-_,^,,_ "., -"'-.-:-,"-'y.",'" ,-,. -., , "'" " JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2212 CIVIL TERM CIVIL ACTION - AT LAW MELISSA ANNE CLARK, DEFENDANT : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Melissa Anne Clark, by and through her attorneys, NEALON & GOVER, P,C" and files the following Answer: 1, - 5, Admitted, 6, -10, Denied pursuant to Pa,R.Civ,P, 1029(e), 11, - 15, Denied, After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. 16, -19, After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. By way of further response, the averments are denied pursuant to Pa.R.Civ,P, 1029(e). WHEREFORE, Melissa Anne Clark, respectfully requests that the Complaint be dismissed with costs of this action, !'~..., . ~',r''''''~l~' -<'f. ,'~F,,__, "~-".~::., '_ """"-'-'-;-<>_;'~" -_._~'_.":~_-n- . ,~,'O__L_.."",,_,-,~.._ _ "._,_ _~_""~'___"w__ - ,- 0'" _' ~ '..' --, , NEW MATTER 20, Paragraphs 1 through 19 of Defendant's Answer are incorporated herein by reference thereto, 21, Plaintiffs claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Melissa Ann Clark, respectfully requests that the Complaint be dismissed with costs of this action, Respectfully submitted, NEALON & GOVER Date: r~!ID By tt~~ Attorney I.D, #47593 301 Market Street -- 9th Floor P,O, Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 ~ .. ""_~>~_e,_~):,,-., ' - - -"0"'_ --. . -..---''" <; . .,,- , ,. ,~ ,~ - ' . '---,'," ~---~, -,->, ,',." -, I", VERIFICATION I, Melissa Anne Clark, verify that the statements made in the foregoing Answer are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa, C,SA 4904 relating to unsworn falsification to authorities, {r!l;,~jf)N1, 0, fYllilJv Mel sa Anne Clark , ,-;>-~,_,":,,_,~'.' ~.'<- "',,, -,'-'. .:C'-,~y-'" 1, _,"'T,"~_,,~ .e',.-", ,~ . ,- ",'"- .' <,,' - ~," - ..,"- CERTIFICATE OF SERVICE AND NOW, this 11th day of May, 2000, I hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Lowell R, Gates, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 41A%ftl~ Matthew R. Gover, Esquire :. , -.-"."._'" _,,,___,,,,,",C;<'~'_<,__,,_;. "_'.'.__' ~,~",.~~"-,,,-,,~_ " ~,., -~,",_ _ _~_,___r ','". _"'__ <r-_~ ."'>" _ '" '_.."_n__ JESSICA L. KOST, a minor, by TERESA L. WETZEL, her guardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiff, VB. CIVIL ACTION - LAW MELISSA ANNE CLARK, Defendant. DOCKET NO. 00-2212 CIVIL TERM JURY TRIAL DEMANDED REPLY TO NEW MATTER AND NOW, comes Teresa L. Wetzel (hereinafter "plaintiff"), guardian for Jessica L. Kost, a minor, by and through her attorneys, Gates & Associates, P.C., and makes the following reply to the new matter raised by Melissa Anne Clark (hereinafter "Defendant") : 20. Paragraphs 1 through 19 of Plaintiff I s Complaint are incorporated herein by reference thereto. 21. Denied as a conclusion of law requiring no responsive pleading. -,~!", oW , " " WHEREFORE, Plaintiff respectfully demands judgment against Defendant for damages in an amount exceeding the threshold for compulsory arbitration under local rules, together with such other relief as the Court deems appropriate. GATE ASSOCIATES, P.C. (~ tully submitted, B Low 11 R. Gates, Esquire 101 Mumma Road, Suite 100 Le yne, PA 17043 (7 7) 731-9600 (Attorneys for plaintiff) DATED: May 18, 2000 2 i..,_~ - - -...... '" O~,~ " CERTIFICATE OF SERVICE I, Lowell R. Gates, Esquire, of the law firm of Gates & Associates, P.C., hereby certify that I served a true and correct copy of the foregoing reply on this date by first-class U.S. mail to the fOllowing: Matthew R. Gover, Esquire NEALON & GOVER 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (Attorneys for Defendant) B SSOCIATES, P.C. (~ Low 11 R. Gates, Esquire 101 Mumma Road, Suite 100 Le yne, PA 17043 (7]7) 731-9600 (Attorneys for Plaintiff) Dated: May 18, 2000 ,,' , '~ JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2212 CIVIL TERM : CIVILACTION-ATLAW MELISSA ANNE CLARK, DEFENDANT : JURY TRIAL DEMANDED CERTIFICATE PREREOUlSITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Defendant, Melissa Anne Clark, 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, 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, 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: 03/06/01 ~A/JIF Matthew R, Gover, Esquire Ally, LD, #47593 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Attorney for Defendant, Melissa Anne Clark '-~~~~-.'- 'i"_'--"V'~':: - ,'1-['-:,,_ ""_~-:::'~"-" o'_J' -_,.,,~;Y+-<f>'--- ,__~_.,', '::"_T-~.,,'.k>9"'-~-_',,-"o:';'.:'"',--r~,.,,~:. "'_', ~,- _~ __,'.d_, "" - ." _ .~'o_'__' _ ~,_ ~_"_-'- . ,. '" JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2212 CIVIL TERM : CIVIL ACTION -AT LAW MELISSA ANNE CLARK, DEFENDANT : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Melissa Anne Clark, intends to serve Subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas, If no objection is made lhe Subpoenas may be served, Date: 02/13/0 I l1'\.atthw-t< lLolA1!l; {;..{ r Matthew R, Gover, Esqnire NEALON & GOVER, P.C, Ally, I,D, #47593 2411 North Front Street Harrisburg, P A 17110 (717) 232-9900 Attorney for Defendant, Melissa Anne Clark 'll!! , = - , " JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2212 CIVIL TERM : CIVIL ACTION -AT LAW MELISSA ANNE CLARK. DEFENDANT : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mechanicsburg Area Intermediate School 100 East Elmwood Avenue Mechanicsburg, P A 17055 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P,C" 2411 North Front Street, Harrisburg, Pennsylvania 17110. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed below, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to "omp1y with it. This Subpoena was issued at the request of the following person: Matthew R. Gover, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant DATED: ~.~ ..J 1.:[061' I BY THE COURT~ n./]-:t;, . ~. ~ PROTHONOTARY Seal of the Court r.~, ~. EXPLANATION OF REOUlRED RECORDS TO: Mechanicsburg Area Intermediate School ATTENTION: RECORDS CUSTODIAN 100 East Elmwood Avenue Mechanicsburg, P A 17055 ANY AND ALL DOCUMENTS, SCHOLASTIC RECORDS, MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, AND PROGRESS REPORTS RELATING TO JESSICA LEIGH KOST. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: DATE OF ACCIDENT: Up to and Including the Present Jessica Leigh Kost 169-68-6425 06/19/87 04/20/98 ',"'\'11. ",~,~ ~~ l.' -J , JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2212 CIVIL TERM : CIVIL ACTION - AT LAW MELISSA ANNE CLARK, DEFENDANT : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Broad Street Elementary School 200 South Broad Street Mechanicsburg, P A 17055 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P,C" 2411 North Front Street, Harrisburg, Pennsylvania l7I 10, You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed below, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the . documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it, This Subpoena was issued at the request of the following person: Matthew R. Gover, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant DATED: ');;,S .J I :lnol . BY TIIE COURT, ~ Ou-};-L, .J K. PROTHONOTARY .. Seal of the Court 'j""" - '- '-' , --. < ? .- EXPLANATION OF REOUIRED RECORDS TO: Broad Street Elementary School ATTENTION: RECORDS CUSTODIAN 200 South Broad Street Mechanicsburg, P A 17055 ANY AND ALL DOCUMENTS, SCHOLASTIC RECORDS, MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, AND PROGRESS REPORTS RELATING TO JESSICA LEIGH KOST. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: DATE OF ACCIDENT: Up to and Including the Present Jessica Leigh Kost 169-68-6425 06/19/87 04/20/98 '-""'"!<lI> ,--^ > JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-2212 CIVIL TERM : CIVIL ACTION - AT LAW MELISSA ANNE CLARK, DEFENDANT : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mechanicsburg Area School District 500 South Broad Street Mechanicsburg, P A 17055 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P,C" 2411 North Front Street, Harrisburg, Pennsylvania 17110, You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed below, You have the right to seek in advance the reasonable cost of preparing the wpies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) clays after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: Matthew R. Gover, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant DATED~ 1 .;;)J .:1.(',,:,/ , BY THE COURT, ~ (JIJ-air) II. PROTHONOTARY . Seal of the Court -if" , ~..". EXPLANATION OF REOUIRED RECORDS TO: Mechanicsburg Area School District ATTENTION: RECORDS CUSTODIAN 500 South Broad Street Mechanicsburg, P A 17055 ANY AND ALL DOCUMENTS, SCHOLASTIC RECORDS, MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, AND PROGRESS REPORTS RELATING TO JESSICA LEIGH KOST. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: DATE OF ACCIDENT: Up to and Including the Present Jessica Leigh Kost 169-68-6425 06/19/87 04/20/98 1'll!!= __ "' ' -'~' , " . JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, : IN THE COURT OF COMMON PLEAS. : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2212 CIVIL TERM : CIVIL ACTION -AT LAW MELISSA ANNE CLARK, DEFENDANT : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Polyclinic Hospital 2601 North Third Street Harrisburg, PA 17105 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, p ,C" 2411 North Front Street, Harrisburg, Pennsylvania 1711 0, You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed below, You have the right to seek in advance the reasonable cost of preparing the (:opies or .producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: Matthew R. Gover, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant DATED: ~,~ , J../ ').;001 I BY THE COURT: a.~)/~-~ PROTHONOTARY Seal of the Court "'-;1=,... ~. ". EXPLANATION OFREOUIREDRECORDS TO: Polyclinic Hospital ATTENTION: RECORDS CUSTODIAN 2601 North Third Street Harrisburg, PA 17105 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: DATE OF ACCIDENT: Up to and Including the Present Jessica Leigh Kost 169-68-6425 06/19/87 04/20/98 "c~,.. ., . - ", ,-- JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-2212 CML TERM : CMLACTlON.ATLAW MELISSA ANNE CLARK, DEFENDANT : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mechanicsburg Family Practice 122 South Filbert Street Mechauicsburg, P A 17055 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P,C" 2411 North Front Street, Harrisburg, Pennsylvania 17110, You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed below, You have the right to seek in advance the reasonable cost of preparing the ()()pies or producing the things sought. If you fail to produce the documents or tliings required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to c:omply with it. This Subpoena was issued at the request of the following person: Matthew R. Gover, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant DATED: ~'-~ .;) I .;we I . BY THE COURT, ~ aVJj~ j k. PROTHONOTARY. Seal of the Court -""$~.," , . It l' EXPLANATION OF REOUIRED RECORDS TO: Mechanicsburg Family Practice ATTENTION: RECORDS CUSTODIAN 122 South Filbert Street Mechanicsburg, P A 17055 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: HATE OF BIRTH: DATE OF ACCIDENT: Up to and Including the Present Jessica Leigh Kost 169-68"6425 06/19/87 04/20/98 r~~_'"N , JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-2212 CIVIL TERM : CMLACTlON-ATLAW MELISSA ANNE CLARK, DEFENDANT : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: Roger Ostdahl, M.D. 920 Ceutury Drive Mechanicsburg, P A 17055 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P,C" 2411 North Front Street, Harrisburg, Penosylvania 17110, You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed below, You have the right to seek in advance the reasonable cost of preparing the wpies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to c:omply with it, This Subpoena was issued at the request of the following person: Matthew R. Gover, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant DATED:):;:S ;)1 ::bGf , BY THE COURT: (),,,L}I2~ PROTHONOTARY S,eal of the Court q~~.",.- , -"--- ,~ EXPLANATION OF REOUlRED RECORDS TO: Roger Ostdahl, M.D. ATTENTION: RECORDS CUSTODIAN 920 Century Drive Mechanicsburg, P A 17055 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: DATE OF ACCIDENT: Up to and Including the Present Jessica Leigh Kost 169-68-6425 06/19/87 04/20/98 "~"'~ ",.., " JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2212 CML TERM : CML ACTION - AT LAW MELISSA ANNE CLARK, DEFENDANT : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Seidel Hospital 120 South Filbert Street Mechanicsburg, P A 17055 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P,C., 2411 North Front Street, Harrisburg, Pennsylvania 17110, You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed below, You have the right to seek in advance the reasonable cost of preparing the Gopies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) (lays after its service, the party serving this Subpoena may seek a Court Order compelling you to eomp1y with it. This Subpoena was issued at the request of the following person: Matthew R. Gover, Esquire NEALON & GOVER, P .C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant DATED~~ ::ll, ').,06/ BY TIlE COURT, ~ G,~ J~ . PROTHONOTARY Seal of the Court \!ltll . _1' . EXPLANATION OF REOUlRED RECORDS TO: Seidel Hospital ATTENTION: RECORDS CUSTODIAN 120 South FiIbert Street Mechanicsburg, P A 17055 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: DATE OF ACCIDENT: Up to and Including the Present Jessica Leigh Kost 169-68-6425 06/19/87 04/20/98 .W'll'""lr!'[J _ ~ CERTIFICATE OF SERVICE AND NOW, this 6th day of March, 2001, I hereby certify that I have served the foregoing Certificate Prequisite to Service of a Subpoena Pursuant to Rule 4009,22 on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Lowell R. Gates, Esquire lOB Mumma Road, Suite 100 Lemoyne, P A 17043 ~ Matthew R. Gover, Esquire ~ -'-,,'-',',?'=',C_-- "".-,. "- '^,'"_'=,)---'- ,"" ",,-~=, ~,-'-' ,,=-,,-,"'. _.'.L.,',-, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritt~n and submitted in duplicate) TO THE PliO'l'HONJTARY OF CUMBERLAND COUNI'Y 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) JESSICA L. ROST, a minor,. by TERESA L. WETZEL, her guardian, (check one) ( X) Civil Action - Law ?12.i0.';;:L:?= ~ Appeal from Arbitration. (other) (Plaintiff) vs. MELISSA ANNE CLARK, The trial lis t will be called on and October 9, 2001 Trials comnence on . November 5, 2001 ( Defendant) Pretrials will be held on October 17, 2001 (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.l.) No. 00-2212 Civil Term ~ Indicate the attorney who will try case for the party who files this praecipe: Matthew R. Gover, Esquire, 2411 North Front Street, Harrisburg, PA 17110; 717/232-9900 Attorney tor lJetenaant; .t.]). 'If: 4i5~3 Indicate trial counsel for other parties if known: Lowell R. Gates, Esquire, 1013 Mill!llllla Road, Suite 100, Lemoyne, PA ..17043, Attorney for Plaintiff, I.D. #:- 46779 This case is ready for trial. Signed: -dJ.J ~ . Print Name: Matthew R. Gover, Esquire Date: 09/06/01 Attorney for: Defendant, Melissa Anne Clark f'll'!" _~_ -, _ ........, - ':':':_'~ .>~_, ~_, _ ,_.,r," . ,'~ . -;:". ~ ~ ~._" --;--- 1 '!III!l\",," """'. :.- '" .<~ ~- r'"'' , . '. ~.- "".'-... - ,~ '-''-.' ~ T'qllll1l "k "'c"' . "'~_ e'_~"__~ . "'--~. ,~_ ~, "~''''_-_'o'-''--"''_'';''''' "'-C""--~Iiiii. "~ .,~ 0 0 C 0 "'tJ~ " CI) m8j ,..., ~~ 2.J; ""0 c;,::o ~s;:' , r- _TZin -<:2: ",-.I .-._jO ~C -" W~ ~C ::ll: =s;O ry .;10 ~ om =< ", ~ N -< !!I!"~III.'f",,"l-'~ _",,~I"~lIl/J!I!lI I"'I!)I!l!J!lIlI' PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritt~n and submitted in duplicate) TO THE PliOTHONJTARY 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 (enti:ee caption must be stated in full) (check one) JESSICA L. KOST, a minor, by TERESA L. WETZEL, her guardian (x) civil Action - Law Appeal from Arbitration (other) (Plaintiff) vs. MELISSlI, ANNE CLARK, The trial list will be called on \ and December 31, 2001 Trials comnence on .January 28, 2002 (Defendant) Pretrials will be held onJanuary 9, 2002 (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.) No. 00-2212Civil Term x]9C Indicate the attorney who will try case for the party who files this praecipe: Matthew R. Gover, Esquire, 2411 North Front Street, Harrisburg, PA 17110; (717) 232-99UU. Attorney for VefenOant; I.V. .: 4/~~~ Inc1i.cate trial counsel for other parties if known: Lowell R. Gates, Esquire, 1013 Mumma Road, Ste. 100, Lemoyne,.PA 17043, Attorney. for Plaintiff, I.D. #: 4b ,,~ This case is ready for trial. Print Name: Matthew R. Gover, Esquire Attorney for: Defendant, Melissa Anne Clark Date: 11/2/01 ':'!l!!." " -._--"_.....,...,~--_.-:-.__..,---'-~-:,:. ., ' ----'---'~~-'- .-,- ~-:_.~---"--::--_.." -~---,----~.--,,~--- I?; ,.~ ",.,,,,,,,,,,,,l!lI!J'IlIf, _...~"""'" ~'^' "~, =.- III,., "1"'"~~""'1!..1 -- D C:) C) c: ~fj 5: --,-J -0 r,c: c-::; f.J n'! , "'.:::: Z , Z , ~. ,.~; ,~ ~~. Ci' T ~ ~ ';./ .~. ----;--1 -;j,.-" . , ("-) .LC ~~ ;J> r.:: (5 C.J; , n Z }:- 5~:: -I Xi -< ..-J -< ~,~",.""~, '~~~"1.\'!IiP I':': ~'1!"l. . . fNEALoNfXl IGOVER,~. I ATTORNEYS AT LAW I 2411 NORTH FRONT STREET HARRIsBURG, PA 17110 TELEPHONE (717) 232-9900 FACSIMILE (717) 236-9119 January 3, 2002 ANDREW C. LEHMAN aIehman@nealon-gover.com Taryn Dixon, Assistant Court Administrator CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 RE~. essica L. Kost, a Minor by Teresa L. Wetzel, her guardian v. Melissa Anne Clark Docket No.: 00-2212 Kevin L. Miller v. Harry Stoppe Docket No.: 99-4086 Frank Digiacomo v. Charles Reylek Docket No.: 99-5371 Dear Ms. Dixon: Please be advised that the undersigned's firm represents the Defendant in each of the above-referenced matters. As each case is scheduled for a Pre-Trial Conference 011 Wednesday, January 9, 2002, at 9:00 a.m., please be advised that I am planning on attending all three of the Pre-Trial Conferences. The purpose of this letter is to serve as notice to you and the Court of a potential conflict in time between my conferences in the Stoppe and Reylek matters before Judge Hess and the Clark matter before Judge Oler. However, I will be happy to accommodate you and the court however you deem appropriate. I will also confirm with you and/or the Judges' chambers prior to the scheduled Pre-Trial Conferences. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me. Until then, I remain Very truly yours, Andrew C. Lehman ACL:sls cc: The Honorable Kevin A. Hess, Judge / The Honorable J. Wesley Oler, Jr., JudgeV' Matthew S. Crosby, Esquire David H. Rosenberg, Esquire Mark E. Halbruner, Esquire JAN - 4 2002 r~ , ~ ~- -" ~. <--. , ~. ". JESSICA L. KOST, a minor, by TERESA L. WETZEL, her quardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiff, vs. CIVIL ACTION - LAW MELISSA ANNE CLARK, Defendant. DOCKET NO. 00-2212 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S PRETRIAL MEMORANDUM AND NOW, comes Jessica L. Kost (hereinafter "Plaintiff"), a minor, by Teresa L. Wetzel, her natural guardian, by and through their attorneys, Gates, Halbruner & Hatch, P.C., and submits the following pretrial memorandum pursuant to C.C.R.P. 212-4: I. STATEMENT OF BASIC FACTS AS TO LIABILITY This action arises from a single vehicle accident that occurred at approximately 2:48 p.m. on April 20, 1998, at the intersection of West Simpson and South York Streets in Mechanicsburg Borough, Cumberland County, Pennsylvania. Defendant Melissa Anne Clark was driving a Chevrolet S-10 pickup truck eastbound on Simpson Street toward the intersection with York Street. The minor Plaintiff was ten years old at that time and was serving as a school crossing guard at said intersection. She was ;'iiji!.1_IItI_ ~ wearing a fluorescent vest and was carrying a crossing guard flag. When the minor Plaintiff entered the intersection in order to perform her duties as a crossing guard, she was struck by the vehicle driven by Defendant. Defendant drove away from the accident scene without stopping and later surrendered to the Mechanicsburg Police. II. STATEMENT OF BAS.IC FACTS AS TO DAMAGES plaintiff was severely injured by the collision described above. She suffered massive head trauma as well as contusions and abrasions to her arms and legs. She remained conscious following the accident and experienced severe pain and distress. She was hospitalized for five days during which time she underwent extensive life-saving surgery, including the insertion of screws that will remain in her skull for the rest of her life and that will render her prone to infection. She missed four full days and three half days of school. She will continue to experience residual effects from her injuries. III. PRINCIPAL ISSUES OF FACT AS TO LIABILITY AND DAMAGES Defendant was negligent in operating the motor vehicle, and her negligence was a substantial factor in causing the harm suffered by the minor Plaintiff. Defendant's negligence was greater 1Wlf - I ' . than any negligence attributable to the minor Plaintiff. The jury should decide the appropriate amount of damages to award the minor Plaintiff. IV. SUMMARY OF LEGAL ISSUES Plaintiff agrees to stipulate to the authenticity of all records exchanged through discovery. V. LIST OF TRIAL WITNESSES The following is a list of the witnesses Plaintiff may call at the trial of this matter. Plaintiff expressly reserves the right to call additional witnesses for the purpose of rebutting the testimony and evidence presented by Defendant. A. Jessica L. Kost as to liability and damages. B. Teresa L. Wetzel as to liability and damages. C. Patrolman Michael J. Cranga, Mechanicsburg Borough police Department, as to liability and damages. D. Kenneth Womack as to liability and damages. E. Morgan Mikula as to liability. F. Melissa Anne Clark as to liability (as on cross- examination) . G. Robert Thompson, D.O., as to damages. H. Roger H. Ostdahl, M.D., as to damages. ""'-., ~- .." , , VI. LIST OF TRIAL EXHIBITS The fOllowing is a list of the exhibits Plaintiff may use at the trial of this matter. Plaintiff expressly reserves the right to use additional exhibits for the purpose of rebutting the testimony and evidence presented by Defendant. A. Medical records from POlyclinic Medical Center and Roger H. OstdahL M.D. B. Photographs of the minor Plaintiff and the subj ect intersection. C. Crossing guard vest. D. Deposition transcripts and recorded statements of Melissa Anne Clark, Jessica L. Kost, Teresa L. Wetzel and Kenneth W. Womack for the purposes of impeachment and/or to refresh recollection. E. Accident report produced by Mechanicsburg Borough Police Department. F. Plaintiff reserves the right to use any other documents exchanged in the course of discovery. VII. ESTIMATE OF TIME REQUIRED FOR TRIAL Plaintiff estimates that this trial will require one day of court time. ::c;;m'l - , VIII. SCHEDULING CONFLICTS None. IX. STATUS OF SETTLEMENT NEGOTIATIONS The parties have not engaged in any settlement negotiations as Defendant has indicated her intent to try this case. X. REQUEST TO SCHEDULE DATE CERTAIN FOR TRIAL plaintiff intends to call two treating physicians as witnesses. Plaintiff respectfully requests that the Court schedule a date certain for trial as a professional courtesy to the two physicians and in order accommodate their schedules. Respectfully submitted, GATES, HALBRUNER & HATCH, P.C. By, rJ4~'/~ Mark E. Halbru er, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for plaintiff) Date: J / 11/0"2- , J :gjj,- , , CERTIFICATE OF SERVICE I, Mark E. Halbruner, Esquire, of the law firm of Gates, Halbruner & Hatch, P.C., hereby certify that I served a copy of the foregoing Plaintiff's Pretrial Memorandum this date by regular mail to the following counsel of record at his address: Matthew R. Gover, Esquire NEALON & GOVER, PC 2411 North Front Street Harrisburg, PA 17110 (Attorneys for Defendant) Date: 1/ '1/02 I 1 sw,~ " , . ~ ~ GATES, HALBRUNER & HATCH, P.C. BY: .J1;!d/'c!~ Mark E. Halbruner, Esquire Supreme Court I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA NO. 00-2212 CIVIL TERM CIVIL ACTION - AT LAW MELISSA ANNE CLARK, DEFENDANT JURY TRIAL DEMANDED PRETRIAL MEMORANDUM OF DEFENDANT, MELISSA ANN CLARK AND NOW, this 2nd day of January, 2002, Nealon & Gover, P.C., counsel for the Defendant sets forth the following required information pursuant to Cumberland County Local Rule 212-4: I. A STATEMENT OF THE BASIC FACTS AS TO LIABILITY This civil action arises out of a motor vehicle accident that occurred on April 20, 1998 at approximately 2:48 p.m. at or near the intersection of West Simpson and South York Streets in Mechanicsburg Borough, Cumberland County, Pennsylvania. At said time and place Defendant was legally traveling in a Chevrolet S-10 pickup truck on West Simpson Street in an easterly direction as she approached South York Street. At the time when Ms. Clark entered the intersection, the traffic light controlling her direction of travel turned to yellow. At that same time Jessica L. Kost, the Plaintiffs minor, was on the northeast comer of said intersection. As Plaintiffs minor traveled, on foot, in a westerly direction across York Street on the north side of the intersection and before she reached the west side of South York Street, she darted in a south-westerly direction diagonally across the northwest comer of said intersection and ran into the driver's side of Ms. Clark's pickup truck. Ms. Clark denies liability I The Defendant further contends that Plaintiff was contributorily negligent above and beyond any negligence of Defendant. However, it is not contested that the accident caused injuries to Plaintiff, the extent of which must be proven at trial. 1 For ease of understanding the layout of the intersection and the actions of the parties, a copy of the police diagram from this incident is attached hereto as Exhibit "A". ,~,-"" --, '~,~,~Ml:-"V:"'~ ': ,';',"'\'!'_"'_'-;-"'.~;~---",__!'" . ","+. ., __co""',- ), ~'_O__,.'" p~' -:_,_> n,-"!,_.'_p',,,,, '_~'. '" __, ",', ',_:~", "~_' ,__" -,_ '1', . ."- ...... . II. A STATEMENT AS TO THE PRINCIPAL ISSUES OF LIABILITY AND DAMAGES Defendant denies that she was negligent. Furthermore, Defendant will not admit that her negligence was a substantial factor in causing the Plaintiff s harm. Should the jury determine that the Defendant was negligent and her negligence was greater than that of the Plaintiffs minor, the extent of the Plaintiff s injuries are for the jury to decide. III. A SUMMARY OF THE LEGAL ISSUE REGARDING ADMISSIBILITY OF TESTIMONY, EXHIBITS, OR ANY OTHER MATTER, AND LEGAL AUTHORITY RELIED ON Defendant would request that the parties stipulate to the authenticity of all records exchanged through discovery. IV. THE IDENTITY OF WITNESSES TO BE CALLED Defendant may call Melissa Ann Clark. Defendant may also call the responding police officer, Patrolman Michael J. Cranga, of the Mechanicsburg Borough Police Department. Additionally, Defendant may call Kenneth W. Womack, an eyewitness to the incident. Defendant does not anticipate calling any other witnesses, however, Defendant does reserve the right to call Plaintiffs as on cross-examination and any of the Plaintiffs minor's health care providers. V. A LIST OF EXHIBITS WITH BRIEF IDENTIFICATION OF EACH a. Photographs of Defendant's vehicle; b. Medical records from Mechanicsburg Family Practice; c. Medical records from Roger Ostdahl, M.D.; d. Medical records from Polyclinic Hospital; e. Medical records from Seidel Hospital; f. Records from Mechanicsburg Area Intermediate School; '~~ '-~ ,~, ,_. , . g. Deposition Transcripts of Kelmeth Womack, Melissa Clark, and Jessica Kost and Teresa Wetzel for the purposes of impeachment and/or to refresh recollection; h. Recorded statements of the various parties for impeachment purposes and to refresh recollection; 1. Police Report from the Mechanicsburg Borough Police Department stemming from the underlying accident and subsequent investigation; J. Defendant reserves the right to use as an Exhibit any other documents exchanged in the course of discovery. VI. THE CURRENT STATUS OF SETTLEMENT NEGOTIATIONS The Defendant has made no offer to settle this matter. Respectfully submitted, NEALON & GOVER, P.c. BY:~~'\)~ Matthew R. over, Esquire J.D. #47593 Andrew C. Lehman, Esquire J.D. #81937 2411 North Front Street Harrisburg, P A 1711 0 (717) 232-9900 1/2/02 (jl.,:""~,~,,~ "." -, ,c' 'c"-; -"--<"F-~'~' ,_, <, ~. - ,~" '0 '-' . 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".'-',w .._.' ..N_,.''''L ...... . \ ~ CERTIFICATE OF SERVICE AND NOW, this 2nd day of January,2002, I hereby certifY that I have served the foregoing Pretrial Memorandum of Defendant, Melissa Ann Clark on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Mark H. Halbruner GATES & ASSOCIATES 1013 Mumma Road Suite 100 Lemoyne, P A 17043 -1~~~ f'l'. "c~-',,-- - ';,,,,=, -" ,"")-" I '_,_"_"~ _,~ ._".. '<f' JESSICA L. KOST, a minor, by TERESA L. ' WETZEL, her guardian, Plaintiff v. MELISSA ANNE CLARK,: Defendant . . rN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-2212 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of February, 2002, upon consideration of Plaintiffs Petition for Approval of Minor's Settlement, a hearing is scheduled for Wednesday, April 3, 2002, at 2:15 p,m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. ~~E, lIalbfUIlller, Esq, 10 13 Mumma Road Suite 100 Lemoyne, PA 17043 Atto/ for Plaintiff /~tthew R. Gover, Esq. 2411 N, Front Street lIarrisburg, PA 17110 Attorney for Defendant :rc ,I -'-T"II'l'F,,,,,""'I "' ~r" ,> , BY TIlE COURT, J, .'~ 1 ~:;;:/7 RX5 7',' ,.- ~, ' _ f " ,_~J!I_" . ~." '" "~ - ,-- - \:iINVlil!\SNNJd lUNn,(,r\ !'i\"'/T-r:'C"j~nr) J " !'C/.) '_" ; ".,,'~"cl I\., ","!'"-I.''''' C,G -(I .. . ~"r:d illlJl:lZD J\..I IA4!"'~_ __, ~ ~ ~~JIIII!\llIIlI'.lH _fll!:_.::w!!ill!l'll~~U~~!II-"!W'~",",r~~. '~~I. _T,:<~',.~",~p ... JESSICA L. KOST, a minor, by TERESA L. WETZEL, her guardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VB. CIVIL ACTION - LAW MELISSA ANNE CLARK, Defendant. DOCKET NO. 00-2212 CIVIL TERM JURY TRIAL DEMANDED AND NOW, this ORDER '3 "d. day of ~ r;' l , 2002, upon consideration of the foregoing petition, it is hereby ordered that the settlement of the above-captioned action for the sum of Five Thousand and 00/100 Dollars ($5,000.00) is approved and that said sum shall be distributed as follows: (1) One Thousand Seven Hundred Fifty and 00/100 Dollars ($1,750.00) shall be distributed to the law firm of Gates, Halbruner & Hatch, P.C. as legal fees; (2) Four Hundred Fifty and 00/100 Dollars ($450.00) shall be distributed to the law firm of Gates, Halbruner & Hatch, P.C., as reimbursement for expenses incurred by said law firm in the prosecution of this action; and i1[*l!If:JI.l_ -,-~- I~ -~ .,~ ~. \i'JN\j,f\lA,SNN=i,..,1 ! 'Nn"-~r<, 1",,1\ '-,' ,.:::;-...., IUI It._"./, ,;i\:-:1 i,l_,'./IIi\!nO ,- -. ,!.., \'1' II :1 lid ~-y 'I-itl 70 _ v u.....<t 1.,., AH\{IU",H"". ::10 ~ ~.- ~oQ;C;~63.-H:1 ~" 0.- , ~- >'iiIiI # 1llI1lI1IlIr";jM 1__~1!l8'llll;~!!'IlI'f'!li ..",.~Il1IIP1PfIIiJ~~I>1ltt~'~~WJ~R;;~~~W!flII!W~ftll'<Ii~r#~>1<'!lffi'f'!lWI'Ii;'il'~~!ft!;lf!I .. (3) Two Thousand Eight Hundred and 00/100 Dollars ($2,800.00) shall be deposited in a savings account in the name of Jessica L. Kost pursuant to Pa.R.C.p. 2039. Distribution: Mark E. Halbruner, Esq. GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (Attorneys for plaintiff) Matthew R. Gover, Esquire NEALON & GOVER, PC 2411 North Front Street Harrisburg, PA 17110 (Attorneys for Defendant) ~ ~-' ~,~, - FOR THE COURT: (jJL, ~ </.;U..o:U 2 ~ JESSICA L. KOST, a minor, by TERESA L. WETZEL, her guardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VB. CIVIL ACTION - LAW MELISSA ANNE CLARK, Defendant. DOCKET NO. 00-2212 CIVIL TERM JURY TRIAL DEMANDED PETITION FOR APPROVAL OF MINOR'S SETTLEMENT AND NOW, comes Jessica L. Kost (hereinafter "Plaintiff"), a minor, by Teresa L. Wetzel, her natural guardian, by and through their attorneys, Gates, Halbruner & Hatch, P.C., and submits the following petition: 1. Plaintiff is a female minor born on June 19, 1987. 2. At all times relevant hereto, Plaintiff has resided with her mother and natural guardian, Teresa L. Wetzel. 3. Plaintiff's natural parents are divorced. 4. On April 12, 2000, Plaintiff's mother filed a complaint in the above-captioned action on Plaintiff's behalf seeking damages for the injuries sustained by Plaintiff on April 20, 1998, when she was struck by a vehicle driven by Melissa Anne Clark (hereinafter "Defendant") . .~~-~"'~ ~ " 5. The pleadings are closed, and discovery is complete. 6. The case is ready for trial. 7. Due to Plaintiff's reluctance to testify at trial, and in order to avoid the uncertainty of trial, Plaintiff and Plaintiff's mother have agreed to settle Plaintiff's claim in exchange for a lump sum payment of $5,000.00 from Defendant. 8. Defendant is ready, willing and able to pay the settlement sum upon this Court's approval of the settlement. 9. By a written Contingent Fee Agreement dated February 25, 2000, Plaintiff's mother retained the law firm of Gates & Associates, P.C. to prosecute this action on her behalf. 10. The Contingent Fee Agreement provides that thirty-five percent (35%) of the gross settlement proceeds shall be paid to Gates & Associates, P.C. as legal fees for their services in this action, if it becomes necessary to initiate formal legal proceedings. 11. The Contingent Fee Agreement further provides that Gates & Associates, P.C. shall be reimbursed for any and all sums expended by them in the prosecution of this action. 2 ;~~ ~ - 12. Gates, Halbruner & Hatch, P.C. is the corporate successor to Gates & Associates, P.C. 13. Attached hereto as Exhibits "A" and "B", respectively, and incorporated herein by reference are the Consents of Plaintiff and plaintiff's mother to the settlement and distribution proposed herein. WHEREFORE, Plaintiff respectfully requests that the Court enter an order approving the settlement of this action for the sum of Five Thousand and 00/100 Dollars ($5,000.00) and directing that the settlement proceeds be distributed as follows: (1) One Thousand Seven Hundred Fifty and 00/100 Dollars ($1,750.00) shall be distributed to the law firm of Gates, Halbruner & Hatch, P.C. as legal fees pursuant to the aforesaid Contingent Fee Agreement; (2) Four Hundred Fifty and 00/100 Dollars ($450.00) shall be distributed to the law firm of Gates, Halbruner & Hatch, P.C., pursuant to the aforesaid Contingent Fee Agreement as reimbursement for expenses incurred by said law firm in the prosecution of this action; and 3 -''.>If.,, - (3) Two Thousand Eight Hundred and 00/100 Dollars ($2,800.00) shall be deposited in a savings account in Plaintiff I s name pursuant to Pa.R.C.P. 2039. Respectfully submitted. GATES, HALBRUNER & HATCH, P.C. By< ~~L9f.,@ Mark E. Hal runer. Esqu2re 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) Date: 'J-I S- /0 l 4 ;'ffi'= JESSICA L. KOST, a minor, by TERESA L. WETZEL, her guardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. CIVIL ACTION - LAW MELISSA ANNE CLARK, Defendant. DOCKET NO. 00-2212 CIVIL TERM JURY TRIAL DEMANDED CONSENT I, JESSICA L. KOST, the minor-plaintiff in the above-captioned action, have read the attached Petition for Approval of Minor's Settlement and hereby consent to the terms of the settlement and distribution described therein. Date: I /:::SO/(J~ I I ~~iJ:'()'> i. k~ J SSICA L. KOST ~ ""'-~ _.~, JESSICA L. KOST, a minor, by TERESA L. WETZEL, her guardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiff, vs. CIVIL ACTION - LAW MELISSA ANNE CLARK, Defendant. DOCKET NO. 00-2212 CIVIL TERM JURY TRIAL DEMANDED CONSENT I, TERESA L. WETZEL, the custodial parent and natural guardian of Jessica L. Kost, have read the attached petition for Approval of Minor'S Settlement and hereby consent to the terms of the settlement and distribution described therein. (", ;j J \..LWl~' '~ TERESA L. WETZEL Date: ~-30-od "7!li!'~!lllIII - . ..,,""- . . :! "I I I -'I i I ',I I) i I I I I , .....',.,." ,~ ..~~,_ _ 0 _.~II!ll\-~ , _~ ., () C i <' ""1::.1r':-: ~!l!~( f;J ,~:~:: ~c:; ~,~-~- '-'" z , -, o !,,~ '} -.., "'" f:'l:) I G') (:~ '., "..., !.._J .--j C> '- ~~ _......, ~; ,.. T'1~IM~~~~""I1I1V~~f01!llli"~'.';.~@]~n~'m-~MW'ii~I" _, R!~~!WI"~ \f JESSICA L. KOST, a minor by TERESA L. WETZEL, her guardian, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2212 CIVIL TERM : CIVIL ACTION - AT LAW MELISSA ANNE CLARK, DEFENDANT : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended. Respectfully submitted, GATES, HALBRUNER& HATCH, P.C. Date: ~O::l.. By: 'J11m~c 1/~./ , Mark E. 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