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Home My WebLink About00-04574 . I Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - -'lS'~~ CiUlL T€fJJV) JOYCE E. KEMP, v. THOMAS VONTROTT, Defendant CIVIL ACTION - LAW NOTICE TO DEFENDANT NAMED HEREIN: 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. 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 (717) 249-3166 Le han demandado a usted enla corte. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la notificacion. Usted de be presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. i'~.-- -~" ",:",~." '''' ,,9,,' -'--~~",' ':", ~.,- ~", , ~" , ,c~,< , r"; ,--~, '" , , ,..~, . . LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 J h 6 0 North Seco d Penthouse suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 oated,Cfm771 Je;ib "'Of, !"_" ,;,'<q-,.'O'F",~"-"",~,,,,', ". .. , ,," ",k~e,.~_ ^~ '., ~,', " _ u ,~-'i-- , " c "_"'_"'~" ,c_ .r."," "~II ~ ,'Co",' ,',c> , _ '.0>" ,<,____' ,,~ u Plaintiff IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA NO. tJ-o - '1::;7'1' ~ -r;;.- JOYCE E. KEMP, v. THOMAS VONTROTT, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, Joyce E. Kemp, by and through her attorneys, Friedman & King, P.C., and brings this cause of action against the Defendant and avers as follows: 1. The Plaintiff is Joyce E. Kemp, an adult individual residing at 1501 Williams Grove Road, No.5, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Thomas VOhTrott, an adult individual residing at 665 Shannon Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. On or about April 13, 1999, the Plaintiff, Joyce E. Kemp, was the owner of a 1997 Ford Probe automobile which was involved in the accident described herein. 4. On the aforesaid date, the Defendant was the operator of a motor vehicle, believed to be either a Grand Am or Firebird automobile, which was involved in the accident described herein. 5. On the aforesaid date, at approximately 6:45 p.m., the Plaintiff, Joyce E. Kemp, was operating her motor vehicle traveling south on Williams Grove Road in Upper Allen Township, ";-,""\, -- - , ~-.. "", ,,"',~'. " ,_'0,"",__,,",," => ,"~'" ,-!O',," -'" ,(. .. - ," "~,,. ".."~,~- -.. ,,"", "'~, - - ~. Cumberland County, Pennsylvania, entering the intersection of Williams Grove Road and Grantham Road. 6. At that same time, date and place, the Plaintiff, Joyce E. Kemp, did lawfully signal her intention to make a left turn onto Grantham Road from Williams Grove Road, and did begin her turn. At that same time, date and place, the Plaintiff's vehicle was struck on the driver's side by the motor vehicle which was being operated by the Defendant in a westerly direction on Grantham Road, while Defendant was attempting to turn left onto williams Grove Road. 7. At that time, date and place, the weather was clear, the road was dry, and there was still adequate day light for good visibility. 8. At that time, date and place, there was a stop sign requiring the Defendant to come to a full and complete stop at the intersection in which the accident occurred, and there was no stop and/or yield sign requiring the Plaintiff to stop and/or yield. 9. The accident was directly and proximately caused by the negligence and carelessness of the Defendant, which consisted of, among other things, the following: A. Operating his motor vehicle in a careless, reckless and negligent manner; B. Operating his motor vehicle with no warning of approach or intended direction; "- ~' '~\ ,,'" _ ,^~>~""- _, -',' ",' ,~ "e,' >,--cr" , ,~" " , <,), ' ^"",-~. "'h'.-," ",,' '. 'I'~--',";- '."~-~.~,,,'--' ~""--"-",. .~.," C. Operating his motor vehicle without due regard to the right, safety and position of the Plaintiff; D. Failing to have his motor vehicle under the proper control so as to prevent his vehicle from striking the Plaintiff's motor vehicle; E. Failing to keep a proper lookout; F. Failing to use due care under the circumstances; G. Failing to notice the motor vehicle of the Plaintiff; H. Failing to yield the right-of-way to the Plaintiff's vehicle; I. Failing to take evasive action in order to avoid impacting with Plaintiff's vehicle; J. Failing to apply his brakes in sufficient time to avoid striking Plaintiff's vehicle; and K. Operating his motor vehicle in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code 75 Pa. Cons. stat. Ann. 553322 (vehicle turning left) and 3323 (stop signs and yield signs). 10. At all times material hereto, Plaintiff, Joyce E. Kemp, acted with due care and was not negligent. -'--:"'1 ,..-;:} '-"- ---'\, , '", ,"', c , .. .. ." .. ,'-~,~ '. ." .. ""-,",,',, "~'I. " .. ~"~--'--' .. c'-.. .,~.,-, ""=,,, ,,, .. ~, .. '. 11. As a result of Defendant's negligence, recklessness and carelessness, Plaintiff, Joyce E. Kemp, sustained the following injuries, some or all of which may be permanent: A. Injuries to her upper, mid and low back, and pelvic region, manifested as: i. Severe pain throughout her upper, mid and low back. ii. Severe tenderness to palpation of the paraspinal muscles on the left side, extending from the thoracic to the sacral region. iii. Severe tenderness to palpation of the spinous processes of T6 through Sl. iv. Decreased upper trunk rotation. v. Limited lumbar motion. vi. Stabbing pain in the pelvic region. vii. Severe tenderness to palpation of the left PSIS, ASIS, iliac crest, bilateral pubic rami, and pUbic symphysis. viii. Pelvic asymmetry, including repeated episodes of her pelvis becoming misaligned. ix. Numbness in both thighs with prolonged sitting. x. Left leg paresthesias radiating as far down as her toes. xi. Left groin pain. ~,- - "~.",,.~,. ."<.-- - --; .". "" ",,.,., ~"- ," --", ." .0 ,'_r_ ,.~ " ,,<" --', . " ~"~ xii. Tenderness at the SI joint. xiii. SI joint instability. xiv. stabbing pain in her mid scapular region. B. Black and blue bruising of her left arm that lasted a week or more. C. Intermittent episodes of dizziness. D. Soreness and eventual blisters in the gluteal region as a result of wearing a sacroiliac stabilization belt. 12. As a result of the injuries listed in paragraph 11 herein, the Plaintiff has undergone the following treatment and medical procedures: A. Five office visits with her family doctor. B. X-rays of the thoracic spine, lumbosacral spine, hip and pelvis. C. A full body bone scan. D. Use of numerous anti-inflammatory and analgesic medications. E. Two courses of physical therapy, one of which lasted for over 1 1/2 months and consisted of 21 sessions, and the other of which lasted for 6 weeks and consisted of 6 sessions. F. Wearing of a sacroiliac stabilization belt for no less than 5 months, which belt Plaintiff continues to wear when she suffers from flare ups of her low back pain or when she performs activities requiring lifting. G. 3 office visits with an orthopedic surgeon. 1'1 ~ """ . ,.).. , !-" Y~"""'c"~-:'!: ;-.' "-"",-.-",,,,""'~, . -'-,<~,- ~,--.", -", .'- " 13. The Plaintiff may require additional medical procedures and treatment in the future. 14. AS a result of the Defendant's negligence, recklessness and carelessness, the Plaintiff has suffered and will in the future suffer great bodily pain and suffering, as well as mental anxiety and nervousness, to her great detriment and loss. 15. AS a result of the Defendant's negligence, recklessness and carelessness, the Plaintiff has suffered and will continue to suffer an interruption of her daily habits and pursuits, to her great and permanent detriment and loss. 16. AS a result of the Defendant's negligence, recklessness and carelessness, the Plaintiff has suffered and will continue to suffer injuries resulting in a diminution of her ability to enjoy life and life's pleasures. 17. As a result of the Defendant's negligence, recklessness and carelessness, the Plaintiff has suffered a loss of income and may suffer a loss of income in the future. c ~cr -"'" ,y.'f "'~- " \'-", ,"'-" c' ^", ~_,,_,o .', , .-'" "CC = ''''-,..- . C' ~,. ~-" ~~ , . . " '<~"'" '[, , WHEREFORE, the Plaintiff, Joyce E. Kemp, demands judgment in her favor and against the Defendant, Thomas VonTrott, in an amount in excess of $25,000.00 and therefore bound for compulsory arbitration. Respectfully submitted, Date,~..>..&..$-7, )uJ F. King, 6 N. Second Penthouse Suit P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 kjp:pleadings\jkemp.cmp '1"' ',"j, ',~'">-'-- ,,,,"''''"-~'.-',1''''' I'''c~"'O "4_"",~"",,_, "M,',~"",,,,crc. '~,', ",,,,~ - "_"':! ,,' -.'.'- /'.-0' - .,,-, "--'10--- ',r' {',e' -. ,,'__~--- -- -~. ~, ''"'' ,--~ " VERIFICATION I, Joyce E. Kemp, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. Dated, ~),7J ~ ,('" (,) r Joyc~mp ~ I__,__j" '->,"--",," - ,---- ,,-_'cO_.'." OC_"., .',,~ - ,,,"~.,",, _',_ ,,,.'_-' _" ,<' j~_" ,,,,,,,>,,., - , ~" """"',';"'1-"'-"- " - ,,~ ~ ^ , , SHERIFF'S RETURN - REGULAR CASE NO: 2000-04574 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEMP JOYCE E VS VONTROTT THOMAS ROBERT L. FINK, SR. , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VONTROTT THOMAS the DEFENDANT , at 0945:00 HOURS, on the 13th day of July 2000 at 665 SHANNON ROAD BOILING SPRINGS, PA 17007 by handing to LORRAINE VONTROTT, MOTHER OF DEFT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.96 .00 10.00 .00 32.96 So Anewere, r~~ R. Thomas Kline 07/14/2000 FRIEDMAN & KING Sworn and Subscribed to before By: ~hJ- ~ h~-s-- U~i ~l-tf me this .ltJ ~ day of 0q ~roo AD . '~~ot~2~~~~'< ~ i 'f!',." , 11 II POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE J.D. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 (717) 291-4532 JOYCE E. KEMP Plaintiff, v. THOMAS VONTROTT Defendant. ATTORNEYS FOR DEFENDANT THOMAS VONTROTT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 00-4574 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Thomas V onTrott, in the above- captioned matter. II ,I I I, " Ii,... :'..'. ;h.-.",. ,,<.o~,.~.,'_ "",>'.'" ",~~(", "'n'. '.--~ POST & SCHELL, P.C. BY: ~ [ CERTIFICATE OF SERVICE I I I, Michael A. Boomsma, Esquire, attorney for Defendant, Thomas V onTrott, hereby state that I Ii II the foregoing document was sent by first-class mail, postage prepaid on the date set forth to the following: John F. King, Esquire FRIEDMAN & KING, P.C. 600 N. Second Street Penthouse Suite P.o. Box 984 Harrisburg, P A 17108 Dated: Ou -2- U'l~I'':'--' ,,~."' ", ,---," "., .~ m ~.. ". __ ''''',,~ ," -"" ~, ,""" - "_n",,,, e', ~ '. --,.. .I',. L ~"'- I' ~ " "."C"~ ',--"~~ ,~~i ""=. "~'-''''', '~ CJ C} c: 1'::_) d,- ~'''':''"' L.J [:.1 C' ':';") '/ " I C/:, !"'.) c:: - ~.~ '_.: C ~ ~ , .,> C,::: , ~:::j ::;::: r. :.~ en ::< !liI\I~.l'IIl!,1flilOOl"._ r.ll~lII!V!lIWJ.I_._ '['"'11m" ''''-''.' ATTORNEYS FOR DEFENDANT THOMAS VONTROTT POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE J.D. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 (717) 291-4532 JOYCE E. KEMP THOMAS VONTROTT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. NO. 00-4574 Defendant. STTPlJI.ATTON NOW INTO COURT, through undersigned counsel, come the parties, who hereby stipulate and agree as follows: 1) Any allegations of recklessness or reckless conduct in Plaintiff s Complaint alleged to have been committed by Defendant, Thomas V ontrott, are hereby withdrawn, removed or deleted with prejudice; 2) Plaintiff is not pursuing any punitive damages against Defendant; 3) Paragraph 9(K) of Plaintiffs Complaint is withdrawn, removed and deleted with prejudice and is amended to read as follows: K. Operating his motor vehicle in violation of Commonwealth of Pennsylvania Motor Vehicle Code 75 Pa. Cons. 993322 (vehicle turning left) and 3323 (stop signs and yield signs). to ey for Plaintiff J F. King, Esquire FRIEDMAN & KING, P.C. 600 N. Second Street Penthouse Suite Harrisburg, P A 171 08 (717) 236-8000 ..,- Attorn or Defendant Michae A. Boomsm , Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, P A 17605-0248 (717) 291-4532 " I, , " ~ ,'f'_,,,"" :'1W1. ~_ _'!'l:I~. ~,. ,,' ,0- ,>> _ ~. ~ '~ IiiIII 0 a c> c 0 -'n ~-:: "" ~~(D ~ tJ;,..g,~ t.=i - ~-. ' I ~'fT1 -:::l-- ;~\~~ 15::> "> \D ;,.IF.'"," r~o " <- ~;o. :-ll: ~18 L....O W )>c ~ j-:~ .-J ~~ -< -, ."-!IlI!I!.,-,",,",, .,1,,~ ,.-J,.e,.", '. ,<'.,\ ,J!I!!,','~,e - II if POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE I.D. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 (717) 291-4532 ATTORNEYS FOR DEFENDANT THOMAS VONTROTT JOYCE E. KEMP COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, NO. 00-4574 v. THOMAS VONTROTT Defendant. ANSWER AND NEW MATTER OF DEFENDANT TO PT,ATNTTFF'S C;OMPT,ATNT Defendant, Thomas V ontrott, by his attorney, Michael A. Boomsma, Esq. and Post and Schell, P.C., hereby files his answer to Plaintiffs Complaint and alleges as follows: 1. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 1 of Plaintiffs Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said "i " :I .! allegations pursuant to Pa.R.c.p. 1029(e). 'I , " , :1 ! i , I I ! :i " 2. Admitted. 3. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 3 of Plaintiffs Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and "-, , "'. .~.",~.. .'.~, .,,'~'" 0'- __ ~__ ~'" _, ~ .'< n .. .. POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE J.D. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 (717) 291-4532 JOYCE E. KEMP Plaintiff, v. THOMAS VONTROTT Defendant. ATTORNEYS FOR DEFENDANT THOMAS VONTROTT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 00-4574 NOTICE TO PLEAD TO: John F. King, Esquire FRIEDMAN & KING, P.C. Attorney for Plaintiff YOU ARE HEREBY NOTIFIED to plead to the within Answer and New Matter within twenty (20) days of service thereof or a default may be entered against you. .. ~ ''''T < ,"~. _''',.,",~,",,'. ,..~,,~,,~ ~,', ,,- ~ .',. ...L.. proof thereof is demanded at trial. In further answer, Defendant, Thomas V ontrott, denies said allegations pursuant to PaRC.P. 1029(e). 4. Admitted in part, denied in part. It is admitted that on or about April 13, 1999, Defendant, Thomas V ontrott, was operating a Pontiac Firebird automobile. As for the balance of the averments, Defendant, Thomas V ontrott, denies the allegations contained in paragraph 4 of Plaintiffs Complaint. After reasonable investigation, answering Defendant, Thomas Vontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to PaRC.P. 1029(e). 5. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 5 of Plaintiffs Complaint. After reasonable investigation, answering Defendant, Thomas Vontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 6. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 6 of Plaintiff s Complaint. Afterreasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas V ontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 7. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 7 of Plaintiff s Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and -2- ",,,",,.J ,IZ ., Ii I i proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to PaRC.P. 1029(e). 8. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 8 of Plaintiff s Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas V ontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 9.a-k. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 9 of Plaintiffs Complaint including subparts a through k. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to PaRC.P. 1029(e). 10. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 10 of Plaintiffs Complaint. Afterreasonable investigation, answering Defendant, Thomas Vontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). ll.a-d. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 11 of Plaintiffs Complaint including subparts a through d. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to PaRC.P. 1029(e). -3- "'0'_''' > ~, .~""" II II l2.a-g. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 12 of Plaintiffs Complaint including subparts a through g. After reasonable investigation, answering Defendant, Thomas Vontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 13. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 13 ofPlaintifrs Complaint. Afterreasonab1e investigation, answering Defendant, Thomas Vontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 14. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 14 ofPlaintifr s Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 15. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 15 of Plaintiffs Complaint. After reasonable investigation, answering Defendant, Thomas Vontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas V ontrott, denies said allegations pursuant to Pa.R.c.p. 1029(e). 16. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 16 ofPlaintifr s Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, -4- " , ., il I I[.i.' L ""-oJ,." ~ ~ ~, M, .".-. . -- ,~~" ~ ~ ~~",., - '~ is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to PaRC.P. 1029(e). 17. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 17 of Plaintiff' s Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas V ontrott, denies said allegations pursuant to PaRC.P. 1029(e). WHEREFORE, Defendant, Thomas V ontrott, requests this Honorable Court enter judgment in his favor and against Plaintiff. NEWMATTRR 18. Paragraphs 1 through 17 are incorporated herein by reference as though set forth in their entirety. 19. Plaintiff s claims are barred to the extent it is established that she filed and served process beyond the applicable Statute of Limitations. 20. Answering Defendant expressely reserves and preserves the affirmative defenses which need not be specifically pled under the Pennsylvania Rules of Civil Procedure, including but not limited to, comparative/contributory negligence and failure to state a claim upon which relief may be granted. -5- '"., ., "~ ~4 . .- ~ , 21. Plaintiff's claims are barred to the extent that it is established that negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 22. Plaintiff's claims are barred and limited to the extent that it is established that Plaintiff may not have properly mitigated her damages. 23. Plaintiffs claims are subject to and limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 24. Plaintiff's claims for non-economic damages, if any, are barred to the extent that it is established that plaintiff s tort recovery is controlled by the limited tort option and Plaintiff did not suffer a "serious injury" as that term is defined by the Pennsylvania Motor Vehicle Financial Responsibility Law and case law interpreting same. WHEREFORE, Defendant, Thomas V ontrott, requests this Honorable Court enter judgment in his favor and against Plaintiff. POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA Attorney for Defendant -6- il >-I; . ., ~ ~ ~" p < _." VERIFICATION I, Michael A. Boomsma Esquire, hereby state that I am the attorney for Defendant, Thomas V ontrott, in this action and verifY that the statements made in the foregoing document( s) are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to the unsworn falsification to authorities. MIC DATE: C{ I, 100 i ',j I l I, .j - -"",~.." . ._~---, , CRRTTFTCA TR OF SRRVTCR I, Michael A. Boomsma, Esquire, attorney for Defendant, Thomas V onTrott, hereby state that the foregoing document was sent by first-class mail, postage prepaid on the date set forth to the following: John F. King, Esquire FRIEDMAN & KING, PoCo 600 No Second Street Penthouse Suite P.o. Box 984 Harrisburg, P A 17108 Dated: C?t III OD , ESQUIRE , ,~ , ~~ ,,,,,.~, .' ~c", ". '.' "'. ~. ~, ~ ~,~~ . . ,~ ,~ ~, _. J~ . "'~~ . .-- - 'l!lf~~~f'l" .", " ,'-' . Co' :;:'.. en ~:~ 2:~ ~''\ );"L~ ~ ::;:: ..ll;wlr.M C) ~, ~x, '",,', ,',,",-_. O',~ ,___ ..,~".,: (~ C:J ~/) .'.J ---0 ! G'-" "'Q'4 ',_.J C) -:...) .1::- 'S? ,:d i>~ ~,~ >i ::-'C) -< .,..",~jllR . . ,"1<_ POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE !.D. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 (717) 291-4532 JOYCE E. KEMP Plaintiff, v. THOMAS VONTROTT Defendant. ATTORNEYS FOR DEFENDANT THOMAS von TROTT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 00-4574 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of Defendant, Thomas' von Trott, for the Verification of Michael A. Boomsma, Esquire to the Answer and New Matter which was filed in the above-captioned matter. . i , jl "~~""~'',fi' ,^" ,'" '.' . ;-",.~,"'~:f("!i__""'9,"''''';''#'-<'\,-'' ":.,<'-'-F~~;": ,,",," "..... . POST & SCHELL, P.C. BY: . ". .'. -'.--',,, "~,<~-' ." '. ,,--" c,~ " II Re: Kemp v. Vontrott VERIFICATION I, Thomas V ontrott , hereby verifY that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4909, relating to unsworn falsification to authorities. ~. ~~~. THOMAS VONTROTT DATE: Of / -S- / 2-fl~() !i !'i ;, !'! :1 ,:J ,~' !i I i'l , I I. 'j I !'; " " [;i " , V.T-' -, ,",' """',',' "'?~""'-"JE-TI"~.-!:",,,',\,, "~"~' '''''':' ,,",^ "'.2'" ",,'J '><--,~' " . ". ,.? '_l , ,~ , , CERTIFICATE OF SERVICE I, Michael A. Boomsma, Esquire, attorney for Defendant, Thomas von Trott, hereby state that the foregoing document was sent by first-class mail, postage prepaid on the date set forth to the following: John F. King, Esquire FRIEDMAN & KING, P.C. 600 N. Second Street Penthouse Suite P.o. Box 984 Harrisburg, P A 171 08 ;j il ,I Mich a, Esquire Dated: VI I "f! I OD ;'i II ;! !,I -2- ,I !.-' ~>~,F' """"",,'"' -,..,/,::"~"j[;":??'-~"'""":t\'~';"_;-:'< "" ",-,",.-,,~ .~'= '~' )',. ",m, I' , _I -- . "~_~"h"~ I'~""':~-,; " , ~~ - - --.' -, ~,., - . ~ ....,.,~ "', .~ . "'~,^ .~. , '<, , '<" ,,,~ ,~,y <""-,,,",~,"">":-n[,",~'"'~ '~ <M "'., .,'" ~" '.. ,.- u! " nil :~.' 7 (,7, -< ~ ~~"~; );;c~ :Cl -<. "1' ,~"-- '," () ~~;. ------ .- ". '''''~''" ..-, ,,'1 ',) ::) ~ -" -', ~,~,.. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4574 Civil Term JOYCE E. KEMP, v. THOMAS VONTROTT, Defendant CIVIL ACTION - LAW NOTICE TO DEFENDANT NAMED HEREIN: 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 Amended 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 Amended 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 (717) 249-3166 Le han demandado a usted enla corte. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de 1a demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en 1a peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. " ",,"- ~"~i"",,",,,,q"!';-~C\I-_"'-.,," . ;:0, '"",-. ,"'."'''__~, ,,~ '._ ,~, -,','.' ~,' ", ,. _,... ~ .- ,----,~".". -,,,.... LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 n F. King, o North Seco d enthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 Dated: I~ , --'" ,~r""3",," "'~, "_ c~, '""'C' ,"'-'c-, ,,"" '-: +,' ,0."_", ,". , "..-.._ ,,,.~ ,'-" _,_ ,"'" '-"".""'"~"<~~", "', _",~' "',. ,,' 77 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOYCE E. KEMP, v. NO. 00-4574 Civil Term THOMAS VONTROTT, Defendant CIVIL ACTION - LAW AMENDED COMPLAINT AND NOW comes the Plaintiff, Joyce E. Kemp, by and through her attorneys, Friedman & King, P.c., and brings this cause of action against the Defendant and avers as follows: 1. The Plaintiff is Joyce E. Kemp, an adult individual residing at 1501 Williams Grove Road, No.5, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Thomas VonTrott, an adult individual residing at 665 Shannon Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. On or about April 13, 1999, the Plaintiff, Joyce E. Kemp, was the owner of a 1997 Ford Probe automobile which was involved in the accident described herein. 4. On the aforesaid date, the Defendant was the operator of a motor vehicle, believed to be either a Grand Am or Firebird automobile, which was involved in the accident described herein. 5. On the aforesaid date, at approximately 6:45 p.m., the Plaintiff, Joyce E. Kemp, was operating her motor vehicle traveling south on Williams Grove Road in Upper Allen Township, ;,"c?"t ",~ 0,,'" ,. , ,,',' , -", ,~", ,>-"",,~,_, "t_'" ,c'' " , ,,"" ,~. . ;".,~~, , ~.. ..~, . ".. . .. ~. " ~~ Cumberland County, Pennsylvania, entering the intersection of Williams Grove Road and Grantham Road. 6. At that same time, date and place, the Plaintiff, Joyce E. Kemp, did lawfully signal her intention to make a left turn onto Grantham Road from Williams Grove Road, and did begin her turn. At that same time, date and place, the Plaintiff's vehicle was struck on the driver's side by the motor vehicle which was being operated by the Defendant in a westerly direction on Grantham Road, while Defendant was attempting to turn left onto Williams Grove Road. 7. At that time, date and place, the weather was clear, the road was dry, and there was still adequate day light for good visibility. 8. At that time, date and place, there was a stop sign requiring the Defendant to come to a full and complete stop at the intersection in which the accident occurred, and there was no stop and/or yield sign requiring the Plaintiff to stop and/or yield. 9. The accident was directly and proximately caused by the negligence and carelessness of the Defendant, which consisted of, among other things, the following: A. Operating his motor vehicle in a careless, reckless and negligent manner; B. Operating his motor vehicle with no warning of approach or intended direction; "",-,,,. ~ ".. '" . ,,"-- . ,,-->~,.~, . ". '" '"~~ ." "^ C. operating his motor vehicle without due regard to the right, safety and position of the Plaintiff; D. Failing to have his motor vehicle under the proper control so as to prevent his vehicle from striking the Plaintiff's motor vehicle; E. Failing to keep a proper lookout; F. Failing to use due care under the circumstances; G. Failing to notice the motor vehicle of the Plaintiff; H. Failing to yield the right-of-way to the Plaintiff's vehicle; I. Failing to take evasive action in order to avoid impacting with Plaintiff's vehicle; J. Failing to apply his brakes in sufficient time to avoid striking Plaintiff's vehicle; and K. Operating his motor vehicle in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code 75 Pa. Cons. stat. Ann. SS3322 (vehicle turning left) and 3323 (stop signs and yield signs). 10. At all times material hereto, Plaintiff, Joyce E. Kemp, acted with due care and was not negligent. I ; !-'. . <L__ c' 'p.",.",,,,,.,,,, "'.." :'_<~ "';P"''''''''~''-,,,'r'''''' ","'p~ 0 C~__,-", ","',_, , "q" " "'''''"0 U., ,'_ Y,> "C,....... ,. " '" ~, __~=~ "," ., , ~. 11. As a result of Defendant's negligence, recklessness and carelessness, Plaintiff, Joyce E. Kemp, sustained the following injuries, some or all of which may be permanent: A. Injuries to her upper, mid and low back, and pelvic region, manifested as: i. Severe pain throughout her upper, mid and low back. ii. Severe tenderness to palpation of the paraspinal muscles on the left side, extending from the thoracic to the sacral region. iii. Severe tenderness to palpation of the spinous processes of T6 through Sl. iv. Decreased upper trunk rotation. v. Limited lumbar motion. vi. Stabbing pain in the pelvic region. vii. Severe tenderness to palpation of the left PSIS, ASIS, iliac crest, bilateral pubic rami, and pubic symphysis. viii. Pelvic asymmetry, including repeated episodes of her pelvis becoming misaligned. ix. Numbness in both thighs with prolonged sitting. x. Left leg paresthesias radiating as far down as her toes. xi. Left groin pain. . -- ~" " ~','" .~"" _R""N";'i'o' "'C ~''S1:'~,=~ . ..'~", "'ry"",":O.,,,_ ~,~"," ,'., ,=". " " ,~~,~~ ^"" " '" ~. .,,~, " xii. Tenderness at the SI joint. xiii. SI joint instability. xiv. stabbing pain in her mid scapular region. B. Black and blue bruising of her left arm that lasted a week or more. c. Intermittent episodes of dizziness. D. Soreness and eventual blisters in the gluteal region as a result of wearing a sacroiliac stabilization belt. 12. As a result of the injuries listed in paragraph 11 herein, the Plaintiff has undergone the following treatment and medical procedures: A. Five office visits with her family doctor. B. X-rays of the thoracic spine, lumbosacral spine, hip and pelvis. C. A full body bone scan. D. Use of numerous anti-inflammatory and analgesic medications. E. Two courses of physical therapy, one of which lasted for over 1 1/2 months and consisted of 21 sessions, and the other of which lasted for 6 weeks and consisted of 6 sessions. F. Wearing of a sacroiliac stabilization belt for no less than 5 months, which belt Plaintiff continues to wear when she suffers from flare ups of her low back pain or when she performs activities requiring lifting. G. 3 office visits with an orthopedic surgeon. (,,^, .'^ ~'''' '-'~, .,""_"",~,~_o .""," " O,_~~"'o,~',,__ ., ." ."_.,^-,-'_. k 13. The Plaintiff may require additional medical procedures and treatment. in the future. 14. As a result of the Defendant's negligence, recklessness and carelessness, the Plaintiff has suffered and will in the future suffer great bodily pain and sUffering, as well as mental anxiety and nervousness, to her great detriment and loss. 15. As a result of the Defendant's negligence, recklessness and carelessness, the Plaintiff has suffered and will continue to suffer an interruption of her daily habits and pursuits, to her great and permanent detriment and loss. 16. As a result of the Defendant's negligence, recklessness and carelessness, the Plaintiff has suffered and will continue to suffer injuries resulting in a diminution of her ability to enjoy life and life's pleasures. 17. As a result of the Defendant's negligence, recklessness and carelessness, the Plaintiff has suffered a loss of income and may suffer a loss of income in the future. :"'--'1- n e'", .}:,~^,~":-~'~"",,,,", '.. :~ "',>> ',"' ,..' '~'''''-' ,,,", ,>".~, ^ ";,..1':"^.~"""'^' ^,',."~ ''''',.."~,,,,. . ".. ."'" ~-... ~-".-""",-,~ ..~ """--~,~,,",". ~ ". .~~ ~,~^ "~- WHEREFORE, the Plaintiff, Joyce E. Kemp, demands judgment in her favor and against the Defendant, Thomas VonTrott, in an amount in excess of $25,000.00 and therefore not bound for compulsory arbitration. Date:..- ~ ~AA~,*,W k/p:pleadings\jkemp2.cmp :_">,j,?~."""" ,'" "'..,s ~.,,,,,~__,,~.o,o--_,,,,,,,,,,,~_, .. < "~,~Q~' ~__~_T." Respectfully submitted, ~o n F. King, sq e ~ N. Second Str P nthouse suite . O. Box 984 ,~ , Harrlsburg, PA 17108 (717) 236-8000 I I , , I J, "'_""t.. VERIFICATION I, Joyce E. Kemp, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Amended Complaint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. JOyJ}J~ 4,0 Dated: 9-# 17 p ,"'~."'. "",,,~ ."_,.".....,.,,,:--,'"'c.~~,x~__v,' 'r~_,~ ,,,'",,',,,", _ ",= ,~<"" ,., ~U"~__,,~".. " ".".", .--~'. , ..~" - . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOYCE E. KEMP, v. NO. 00-4574 civil Term THOMAS VONTROTT, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on ~:t>Hn~~ ~ , 2000, I served a copy of the within Amended Complaint, by depositing same in the united States Mail, certified Mail No. Z 569 624 521, addressed as follows: Michael A. Boomsma, Esquire Post & Schell, P.C. 1857 William Penn Way P. O. Box 10248 Lancaster, PA 17605-0248 17108 \i~ ,., f-^''''''. " "': '-:,""_''['"'~~'''~:~:'''_"",c':;;!0'~'',l "',.," '~_"'," ~<".,,>:~", ,"~_,'~ ,o~,~.,,?~ ~c "'" """_.'''..,,",, ._~"'^~ ." '", ,,"" ,. "'.''''__<C-.,'""" ,~ ,~ .~ , ,~ - .. """ . -~ . -.." Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOYCE E. KEMP, v. NO. 00-4574 civil Term THOMAS VONTROTT, Defendant CIVIL ACTION - LAW DEFENDANT'S CONSENT FOR PLAINTIFF TO AMEND COMPLAINT Pursuant to Pennsylvania Rule of civil Procedure 1033, the Defendant, Thomas VonTrott, by way of his legal counsel, does hereby consent to the Plaintiff's amendment of her Complaint, which amendment will indicate that the action is not bound for compulsory arbitration. Respectfully submitted, POST & SCHELL, P.C. Dated: ~/tJOf) , I Mi 1857 P. O. Box 1 Lancaster, PA (717) 291-4532 a, Esquire n Way 17605-0248 Attorney for Defendant, Thomas VonTrott k/p:pleadings\jkemp.con {IT,:] ..~\~''''~,', ._, .,__.~" ~,'7_~"..",,~,c: ,,~_~rej"'_~ ,. "",,_ .., .._",~, ,.--,--, "",-. __~ .- .' ;.".., ""'" "--' o ~ .,Jr:-;:-: rnr~:::: ~;~; U?~"~ ~';: Zc:5 Pc Z :< .Jl'f o C) Vl fTJ "'0 r0 r) ~';-i1 F2 :,:~: ITl ",..',.,:] ~~~~ (.5rn ;;;! :0:::1 -< --.J "'0 :l.: N a ~'.... ~'"',.,." POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE LD. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 (717) 291-4532 ATTORNEYS FOR DEFENDANT THOMAS VONTROTT JOYCE E. KEMP COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, NO. 00-4574 v. THOMAS VONTROTT Defendant. NOTTCR TO PT,RAD TO: John F. King, Esquire FRIEDMAN & KING, P.C. Attorney for Plaintiff YOU ARE HEREBY NOTIFIED to plead to the within Answer and New Matter within twenty (20) days of service thereof or a default may be entered against you. MIC Attome ..- --~ POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE I.D. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 (717) 291-4532 ATTORNEYS FOR DEFENDANT THOMAS VONTROTT JOYCE E. KEMP COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, NO. 00-4574 v. THOMAS VONTROTT Defendant. ANSWER AND NRWMATTER OF DEFENDANT TO PLAINTIFF'S AMENDRD COMPT,ATNT Defendant, Thomas Vontrott, by his attorney, Michael A. Boomsma, Esq. and Post and Schell, P.C., hereby files his answer to Plaintiff's Amended Complaint and alleges as follows: 1. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 1 of Plaintiff's Amended Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.c.p. 1029(e). 2. Admitted. 3. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 3 of Plaintiffs Amended Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said . '''''''''''J''"'''_~" =~_,' ~ ,__~=" .,,, _ <~" ". > _"." . ,~ ""n '--- _ .I allegations and proofthereofis demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 4. Admitted in part, denied in part. It is admitted that on or about April 13, 1999, Defendant, Thomas V ontrott, was operating a Pontiac Firebird automobile. As for the balance of the averments, Defendant, Thomas Vontrott, denies the allegations contained in paragraph 4 of Plaintiffs Amended Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas V ontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 5. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 5 of Plaintiffs Amended Complaint. After reasonable investigation, answering Defendant, Thomas Vontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas V ontrott, denies said allegations pursuant to PaRC.P. 1029(e). :1 :1 ~i 'I ,i il 'I 1 :1 'i 'I II ,I I I ,I 6. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 6 of Plaintiffs Amended Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 7. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 7 of Plaintiffs Amended Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said -2- it,;", ',_ .'., ,". '.^ ,. ,~"~""^' _."0 ~.~>, < _ ,~. .. .>,.. ~""T= ,~,__~, ", ~ __~" ~.. __ .~ ^ ..~. , . ""' "~.~--,,~. - allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said aIlegations pursuant to Pa.R.C.P. I029(e). 8. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 8 of Plaintiff's Amended Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to PaRC.P. 1029(e). 9.a-k. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 9 of Plaintiff's Amended Complaint including subparts a through k. After reasonable investigation, answering Defendant, Thomas Vontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to PaRC.P. 1029(e). 10. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 10 of Plaintiffs Amended Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said aIlegations pursuant to Pa.R.C.P. 1029(e). ll.a-d. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 11 of Plaintiff's Amended Complaint including subparts a through d. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to PaRC.P. 1029(e). -3- ,." :::; ,"'.~"' ~,"=,. _,.e, .' .,,' ..~~.," _ ""._ ~'. ",' ;:! ,:\ i~ ~:t 'l !i! I~: i~i !f:i ::ii iii' im :;_~l Ii:! iii! I!i! ',ii' ;1; 1:1 'I'. 'i: r.I'.' "i ::~ 'I' :j ~,i! 'I: , ~ ;;f: H~ ," , _. l2.a-g. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 12 of Plaintiff s Amended Complaint including subparts a through g. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 13. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 13 of Plaintiffs Amended Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 14. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 14 of Plaintiff s Amended Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas V ontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 15. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 15 of Plaintiffs Amended Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 16. Defendant, Thomas Vontrott, denies the allegations contained in paragraph 16 of Plaintiff s Amended Complaint. After reasonable investigation, answering Defendant, Thomas -4- I' V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas Vontrott, denies said allegations pursuant to Pa.R.C.P. 1029(e). 17. Defendant, Thomas V ontrott, denies the allegations contained in paragraph 17 of Plaintiff's Amended Complaint. After reasonable investigation, answering Defendant, Thomas V ontrott, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant, Thomas V ontrott, denies said allegations pursuant to Pa.R.c.p. 1029(e). I I, ! Ii Ii II I,i: I II Ii III I II I Ii II Ii ~I II [I Ii ! II I, ti II ,I ! WHEREFORE, Defendant, Thomas Vontrott, requests this Honorable Court enter judgment in his favor and against Plaintiff. NEW MATTER 18. Paragraphs 1 through 17 are incorporated herein by reference as though set forth in their entirety. 19. Plaintiff s claims are barred to the extent it is established that she filed and served process beyond the applicable Statute of Limitations. 20. Answering Defendant expressely reserves and preserves the affirmative defenses which need not be specifically pled under the Pennsylvania Rilles of Civil Procedure, including but not limited to, comparative/contributory negligence and failure to state a claim upon which relief may be granted. -5- '-~, , < ",. < . ~,','~.5"k.'!"w-<',~=;=-,~,,'""'-~:', ,~<""'~ ,<.. ",~,"3','""," '=.=,n.- _'-..,... ,.",~'-1".~'. .~, _~"<~','" '~,__."" "'" -~ . "?,,~__, ;-- _ ~',~, ,'", .'~_ _.. ._ ~ II 21. Plaintiff's claims are barred to the extent that it is established that negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 22. Plaintiff's claims are barred and limited to the extent that it is established that Plaintiff may not have properly mitigated her damages. 23. Plaintiffs claims are subject to and limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 24. Plaintiff's claims for non-economic damages, if any, are barred to the extent that it is established that plaintiff's tort recovery is controlled by the limited tort option and Plaintiff did not suffer a "serious injury" as that tenn is defined by the Pennsylvania Motor Vehicle Financial Responsibility Law and case law interpreting same. WHEREFORE, Defendant, Thomas Vontrott, requests this Honorable Court enter judgment in his favor and against Plaintiff. POST & SCHELL, P.C. BY: -6- '~T", ,<,;;_" 0" ,'",__'.~~, ,,<,_"",,. '", c,"' "',""'" -',;k"'.r_.... 'c," ,~...." l"_' ,. "" ~~" ~, - ,';' ,~", -",... "~"""""".'~~'" ,'; . ~,~ "..~~="O' .w. VERIFICATION I, Michael A. Boomsma Esquire, hereby state that I am the attorney for Defendant, Thomas Vontrott, in this action and verifY that the statements made in the foregoing document(s) are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to the unsworn falsification to authorities. MI DATE: to [cvfOe:> 1 II c_~",',~.,~,""'_,.>~, =, _ _'. ',_. ~. ~" .~ ~.M,.,_ ,~ " '.'.--'.' ."~ ,~~ - -- ~ II Ii Ii CERTIFICATE OF SERVICE I, Michael A. Boomsma, Esquire, attorney for Defendant, Thomas V onTrott, hereby state that the foregoing document was sent by first-class mail, postage prepaid on the date set forth to the following: John F. King, Esquire FRIEDMAN & KING, P.C. 600 N. Second Street Penthouse Suite P.o. Box 984 Harrisburg, PA 17108 MI , ESQUIRE Dated: I U(i () {uc> . . .r,..,,,,-, . "'~'i."""""",.'~"'~_~~""'. ~",'"'. ,,~, '~""__~~'" ^~. ~',~~, . ~, -, " -- ,..,- ~ ,- ~-- , ,. ~,,--::, ,>~ "' J J_IT [" ,,"'+ t.-,~, ,,'^', '"~..~"'"." ... .-CO , 2 ~ ~~~ ~liJ 0':"; ~c;..-~,,: --{ , "~ ." , r:-;l () :~;: ?i. ~.. ~,~~~ '. I I:, . JOYCE E. KEMP, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 00-4574 Civil Term THOMAS VONTROTT, Defendant CIVIL ACTION - LAW PRAECIPE Please file the attached stipulation and make it part of the record in the above-captioned matter. Respectfully submitted, DateQtJ~ (G,i~ F. King, 600 N. Second S ~e thouse suite P. O. Box 984 arrisburg, PA 17108 (717) 236-8000 ..", ~. ", ,m ~,,"",... .' = ,. .",'. " POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE !.D. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 (717) 291-4532 JOYCE E. KEMP ATTORNEYS FOR DEFENDANT THOMAS VONTROTT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. NO. 00-4574 THOMAS VONTROTT Defendant. STTPTJI ,A TTON NOW INTO COURT, through undersigned counsel, come the parties, who hereby stipulate and agree as follows: 1) Any allegations of recklessness or reckless conduct in Plaintiffs Amended Complaint alleged to have been committed by Defendant, Thomas V ontrott, are hereby withdrawn, removed or deleted with prejudice; 2) Plaintiff is not pursuing any punitive damages against Defendant; 3) Paragraph 9(K) of Plaintiff s Amended Complaint is withdrawn, removed and deleted with prejudice and is amended to read as follows: K. Operating his motor vehicle in violation of Commonwealth of Pennsylvania Motor Vehicle Code 75 Pa. C. S. A. 993322 (vehicle turning left) and 3323 (stop signs and yield signs). Attorn or Defen Michael A. Boom Post & Schell, P.C. 1857 William Peun Way P.O. Box 10248 Lancaster, PA 17605-0248 (717) 291-4532 A 0 ey for Plaintiff Jo F. King, Esquire FRIEDMAN & KING, P.C. 600 N. Second Street Penthouse Suite Harrisburg, P A 171 08 (717) 236-8000 i1 li " If , , ",' ,;' ",:. ~"","., >--,,- ,. .~ .! ,""",' . ""., , "" I I t ~ - ,~'" .' ~ I" _\ __, r_ ',. ~-- ~~ .)lIIIII'.:","~,~", r "~ ..~" . '" _.!.11 . "-~ - 1 ," I .". "lll'"~,",...,. , ,," ',' """'--"""-.Li1l.l!i' k""'j""'~fl'hi"rr' '. . 0 0 c> C C> " , ;~~ => rh , ::'-, ,or"; ,-I ;~~ ::n ,T: z: r~ - ,'-' en T j () r"::-: -0 ~, --;-1 ~~~ " ~.~ . r') C': r" () rn (~= " Z ,- ~i; :::1 h' .-< ~~.......~_,_~""I~ . , , , ~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4574 Civil Term JOYCE E. KEMP, v. THOMAS VONTROTT, Defendant CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes the Plaintiff, Joyce E. Kemp, by and ::i , I , 'I 'j ,j , 'II :1 through her attorneys, Friedman & King, P.C., and replies as follows: 18. Paragraphs 1 through 17 of the Plaintiff's Amended Complaint are incorporated herein by reference as though more i ::! fully set forth at length. I JI I 19. The averments contained in paragraph 19 of the Defendant's New Matter are a conclusion of law and no response is ,,,, :.1 ;'j ! required. Should it be determined that a response is required, it is specifically denied that the Plaintiff filed and served d , 1 ::j I process beyond the applicable statute of limitations. By way of further reply, the Plaintiff did file within the applicable statute of limitations. 20. The averments contained in paragraph 20 of the Defendant's New Matter are a conclusion of law and no response is required. i I I I , I " I 'I I I i ,I 'I 21. It is specifically denied that negligent acts or omissions of other individuals and/or entities constituted any intervening superseding causes of the damages and/or injuries 'co_;" ~ _c '~: ~ '!"yr-__''"'~.~""," 0'" ~. ^O^""_'~"""_ _ "~",,, "^ . _"'. 0, .-" ",>,~, ~ ~~,' "~'--"~f _,' _, ." '"<.~,-&~--"~ , _"~""O'_" ", '__'." , <,<. ~__,''\',;-<, _ 0"'>0,,,_' ." .,~" ,," ~ sustained by the Plaintiff, and proof thereof is therefore demanded at trial. By way of further reply, it is averred that there were no other individuals and/or entities involved in the incident. 22. The averments contained in paragraph 22 of the Defendant's New Matter are a conclusion of law and no response is required. 23. The averments contained in paragraph 23 of the Defendant's New Matter are a conclusion of law and no response is required. 24. The averments contained in paragraph 24 of the ,.I Defendant's New Matter are a conclusion of law and no response is :1 'i \1 ! "' required. WHEREFORE, the Plaintiff, Joyce E. Kemp, demands judgment in her favor and against the Defendant, Thomas VonTrott, , \l ,I 1 I ;1 ;j "1 ,I (1 in an amount in excess of $25,000.00 and therefore not bound for compulsory arbitration. Respectfully submitted, FRIEDMAN & KING, p.e ;;, [\ Date:V~);o6J J,hn F. King, llO N. Second S r~nthouse Suite Fl. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 ;:) i k/p:pleadings\jkemp.rep :'1 -',,~ -~ " , ~ -',' "'-"\ .'"" .~ , ' ",-"Y.- ,!' , ~> " ~ ,', __;, ., _' ,', " . "-~, "'TI'" , ". .. " , "/ ~~-'J-__ ." ,-<, " -..., ~ . VERIFICATION I, Joyce E. Kemp, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Plaintiff's Reply to New Matter; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. !f:rk ff ~ Joyce . Kemp Dated: If! ~ (P-Qb " F i I" il [! [ i I i: " ~i r: II II t I' f] ! [:~., . - -- "-'" .~,""'~"",'f'---" _',,",C", ~".~,' '''''''"-""'(''~'"'''''- -- ,'~ ",~,", ""~",,c-,- ','" - ~ .- , '." <, ., ,""--~-" ..~~," ~ ',-, -.".",. "'.",<<" ~- ,-" J' . . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOYCE E. KEMP, v. NO. 00-4574 Civil Term THOMAS VONTROTT, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on October 20, 2000, I served a copy of the within Plaintiff's Reply to New Matter, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Michael A. Boomsma, Esquire Post & Schell, P.C. 1857 William Penn Way P. O. Box 10248 Lancaster, PA 17605-0248 .n F. King, o N. Second Stree nthouse Suite O. Box 984 Harrisburg, PA (717) 236-8000 L, - ',';~ "_ H{"'>' ,""' ", .~. ."," c>~" . , '~, "" ""~'." . " - , 'm, ~ , ",.. ,>, ~c"",'., ."^,__,, "",_ " ." ", ~, . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT As a prerequisite to service of a subpgena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL A. BOOMSMA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpo~na which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ---J-2 Mcs/on ,,~.t(of ,~~~ Attorney for DEFENDANT DATE: 02/26/2001 DEll-237450 45173-L06 iMi .'-". or COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT NO'l'ICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'l' TO RULE 4009.21 GLEN E. HEISE, HD PAUL'S PANCAKE BARN MEDICAL EMPLOYMENT TO: JOHN KING, ESQUIRE KCS on behalf of MICHAEL A. BOOMSMA, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 02/06/2001 KCS on behalf of MICHAEL A. BOOMSMA, ESQ. Attorney for DEFENDANT CC: MICHAEL A. BOOMSMA, ESQ. - 260-391-4438 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-144485 45173-COl :;"f~"'"~~ ~~ , COMMONWEALTH OF PENNSYl. VANIA COUNTY OF CUMBERLA..'iD JOYCE E. KEMP VS FileNo. 00-4574 THOMAS VaN TROTT SUBPOENA TO PRODUCE DOCUMTh"TS OR THINGS FOR DISCOVERY PURSUA]I.;"T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: GLEN HEISE, M.D. (Name of Person or Entity) \.Vithin rwe:'r.')o (20) days after service of this subpoena, l.ou are ordered by th~ court to produce the following documents or things: SEE TTACHED at M!''' "'''''n> TN!' , 11'>01 MAR1Cl''1' ,,'1' , 11800. PlnTA.PA 19101 (Address) You may dein'er or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad,'ance, the "asonable cost of preparing the copies or producing the things sought. If you failte ;roeducethe documents or things required by this subpoena. within twenty (20) days after its se,,'ice, the party serving this subpoena may seek a court order compelling you to comply with r_ THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: :\'AME: POST & SCHELL, P.C. ADDRESS: 18';7 WILLIAM PENN WAY.PO BX 10248 LANCASTER, PA 17605 TELEPHO~E: 215-246-0900 5UPRE~iECOURTID#: ATTOIt'l;EY FOR: DEFENDANT OATh Ul1" 4}--d-' dQQL BY THE COURT: Seal of the Court (Eff. 7/97) -;'W\.- ~~'. - - EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GLEN E. HEISE, MD 204 MUMPER LANE DlLLSBURG, PA 17019 RE: 45173 JOYCE KEMP Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: from: 11-11-1999 to the present. Subject: JOYCE KEMP 1501 WILLIAMS GROVE, MECHANICSBURG, PA 17055 Social Security #: 192-34-6484 Date of Birth: 10-13-1944 SUlO-289212 45173-L06 ~" ,- , . . . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT As a prerequisite to service of a subpeena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL A. BOOMSMA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been 'received, and (4) The subpoena which will be served is ~dentical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 02/26/2001 MICHAEL A. BOOMSMA, ESQ. Attorney for DEFENDANT DEl1-237451 45173-L07 ^;' ~.,,' ,,.,.~- ~,~- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT NO'l'ICE OF IN'l'EN'r TO SERVE A SUBPOENA TO PRODUCE DOCUMEN'rS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GLElf E. HEIsl!:, MD PAUL'S PANCAKE BARN MEDICAl. EMPLOYMERT TO: JOB KING, ESQUIRE KeS on behalf of MICHAEL A. BOOMSMA, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KeS or by contacting our local KeS office. DATE: 02/06/2001 KeS on behalf of MICHAEL A. BOOMSMA, ESQ. Attorney for DEFEImAlIT CC: MICHAEL A. BOOMSMA, ESQ. - 260-391-4438 Any questionll regarding this matter, contact THE KeS GROUP IRC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-144485 45173-COl "":" - - ~,- -~ ~" , COMMON\^/EAL TH OF PENNSYLVANIA COUNTY OF CUMBERL.A...'iD JOYCE E. KEMP VS File ~o. 00-4574 THOMAS VON TROTT SUBPOENA TO PRODUCE DOCUME.:.,,-rS OR rne'iGS FOR DISCOVERY PURSUA..'I\-r TO RULE 4009.21 1:0: CUSTODIAN OF RECORDS FOR: PAUL'S PANCAKE BARN (Name of Penon or E.,..uity) vVithin "",'e:':~. (20) days alter sen.'ice of this subpoena. you are ordered bv the court to oroduce the following documents or things: . . SEE ATTACHED' . at Mrc:. r:1U)TTP TNt: f 1 Fin 1 MA RTCR'l' ~,. IIROO. l'HTT.A l'A 1 g 101 (Address) You may dein"er or mail legible copies of the documents or produce things rec;uested by this subpoena. together with the certificate cr. compliance, to the party making this request at the address listed .above. You ha"'e the right to seek. in ad,..nce. the ,...onable cost of preparing the copies or producing the things sought. If you fail to ?=,oduce the documents or things required by this subpoena. ""itl-..in twenty (20) days after its service, the part')" serving this s::bpoena may seek a court order compelling you to comply "...;th r_ THIS SLllPOENA WAS ISSUED ATTIJ:E REQUEST OF THE FOLLOVVING PERSON: ~AME: POST & SCHELL, P.C. ADDRESS: 1857 WILLIAM PENN WAY.PO BX 10248 LANCASTER, PA 17605 TELEPHO~E: 215-246-0900 SUPREME COURT ID #: ArrOR.'\EY FOR: DEFENDANT DATE: oreJw.J'()A/j J, J.ml BY THE COURT: Seal of the Court (Eff. 7/97) ,~ ~< ~, ,,",, EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PAUL'S PANCAKE BARN RT. 15 SOUTH BOX 414 DILLSBURG, PA 17019 RE: 45173 JOYCE KEMP 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 t() and including the present. Subject: JOYCE KEMP 1501 WILLIAMS GROVE, MECHANICSBURG, PA 17055 Social Security #: 192-34-6484 Date of Birth: 10-13.1944 SU10-289214 .lII-, 45J..73-L07 - j.lj , , '~" - ''"~, .~-~"..,'""~~ &",,,,, "'1"" ,."~ ~'_"L'., .' ^' -- :} .~-' :,.:;'-' .- -' ~._., ~ ~..' " ',,' .' """".(-" () Co "." -'c ~- P:,:.,'~'::. ~:.. ~,~- ~i;1!> ~~:t/ ~(ii _..4 -< -- ~...i ...,,~) -" -., ,;--, ...-''''. -<.. Co.) ~1mIIlll1'!\III!~~,~~,.,~', ~~.''' ~--<" l<iIl'_ml!lll!lmilj!~lfl~Jl"..JI:m1i1Wt.<iJ"'-"'1'~Wf'E%'"~""',f.""11'1M'''''~'''ffl~!~"""'~~ti'1llr~ffi~~~!ll~lII~~~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL A. BOOMSMA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be servedt (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/14/2000 ~w~~ MICHAEL A. BOOMSMA, ESQ. Attorney for DEFENDANT DEll-224480 4Sl73-LOl ,~ . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT NOTICE OF INTENT TO SERVE A, SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KEYSTOIIE SPIIIE CENTER DILLSBURG FAMILY HEALTH CENTER PIHRACLE HEALTH PHYSICAL TIlER. JOBII S. RYCBAK, M.D. ROBERT LONERGAN, M.D. MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL . . TO: JOBII KIBG, ESQUIRE KeS on behalf of MICHAEL A. BOOMSMA, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local KeS office. DATE: 11/24/2000 KeS on behalf of MICHAEL A. BOOMSMA, ESQ. Attorney for DEFENDANT cc: MICHAEL A. BOOMSMA, ESQ. - 260-391-4438 Any questions regarding this matter, contact THE KeS GROUP IHe. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-138282 45173 -C01 ii--. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOYCE E. KEMP -VS- THOMAS VON TROTT FileNo. 00-4574 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: KEYSTONE SPINE CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foUowing documents or things: SEE ATTACHED at THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 (Add.....) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance. to the party making this request at the address listed above. You have the right to seek. in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena. within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL BOOMSMA, ESQUIRE ADDRESS: 1857 WILLIAM PENN WAY, P.O. BOX 10248 LANCASTER, PA 17605 TElEPHONE: (215) 246-0900 SUPREME COURT ID If: AITORNEY FOR: THE DEFENDANT DATE: , /lJco ~ ."..,bn D :J() ';;)rvo I ......... Prothonotary/Clerk, lvl.ion ~O/h" . P ~rJ7J2-rv,} Oepu Seal of the Court (Eff. 7/97) "'0'''''' ,,~ I'~"- EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEYSTONE SPINE CENTER 1521 CEDAR CLIFF DRIVE CAMP HILL, PA 17011 RE: 45173 JOYCE KEMP 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: JOYCE KEMP 1501 WILLIAMS GROVE, MECHANlCSBURG, PA 17055 Social Security #: 192.34-6484 Date of Birth: 10-13-1944 5010-278436 45173-LOl , , --, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL A. BOOMSMA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/14/2000 MICHAEL A. BOOMSMA, ESQ. Attorney for DEFENDANT DEll-22448l .,(+ 51 7 3 - La 2. !;"jil!ll~1 ' . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT NOTICE OF' IN'rEN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMEN'l'S AND THINGS FOR DISCOVERY PURSUAH'l' TO RULE 4009.21 KEYSTONE SPINE CEIITER DILLSBURG FAMILY HEALTH GJS1IITlSK PDlRACLE HEALTH PHYSICAL TBER. JOBR S. RYCHAK, K.D. ROBERT LONERGAN, K.D. MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL . . TO: JOBR JUNG, ESQUIIIE KCS on behalf of MICHAEL A. BOOKSKA, KSQ. intends to serve a subpoena identical to the one that is attached to thi. 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, thea the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returniDl .... to MCS or by contacting our local KCS office. DATE: 11/24/2000 KCS on behalf of MICHAEL A. BOOKSMA, ESQ. Attorney for DEFENDANT CC: MICHAEL A. BOOMSMA, ESQ. - 260- l'l-4.U8 Any questions regarding this matter, CODtact THE KCS GROUP DC. 1601 MAllXET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-138282 45173-COl , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOYCE E. KEMP -VS- File No. 00-4574 THOMAS VON TROTT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 .. TO: CUSTODIAN OF RECORDS FOR: DILLSBURG FAMILY HEALTH CENTER (Name o( Penon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL BOOMSMA, ESQUIRE ADDRESS:1857 WILLIAM PENN WAY. P.O. BOX 10248 LANCASTER, PA 17605-0248 TELEPHONE: (215) 246-0900 SUPREME COURT 10 II: ATIORNEY FOR: THE DEFENDANT DATE: , /( )nllE' WI be.o . .J.n, ,;)rY>(j Prothonotary, Clerk, . Division '- 00/hO .P. ttC>>A-f...... ( De ty Seal of the Court (Eff. 7/97) -'f' .", ""'''' EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DILLSBURG FAMILY HEALTH CENTER 204 MUMPER LANE DILLSBURG, PA 17019 RE: 45173 JOYCE KEMP Any and all records, correspondence, flles and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: llP to and including the present. Subject: JOYCE KEMP 1501 WILLIAMS GROVE, MECHANICSBURG, PA 17055 Social Security #: 192-34-6484 Date of Birth: 10-13-1944 SUIO-278438 45173-L02 "," -I,~, - ~ ~ . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL A. BOOMSMA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena ha. been received, and (4) The subpoena which will be served i. identical to the subpoena which is attached to the notice of intent to serve the subpoena. HCS on behalf of DATE: 12/14/2000 MICHAEL A. BOOMSMA, ESQ. Attorney for DEFENDANT DE11-224482 45173 - L 0 3 j~,,"~, , O' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER of: COURT OF COMMON PLEAS JOYCE E. ~ TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT NOTICE OF INTEN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMEN'l'S AND THINGS FOR DISCOVERY PURSUAN'l'TO RULE 4009.21 KEYSTONE SPINE CEIITER DILLSBURG fAMILY HEALTH CEIITER PIllRACLE IlEALTIII PHYSICAL TIlER. JOBH S. RYCIWt, H.D. ROBEIlT LOHtRGAN, H.D. K1mICAL K1mICAL K1mICAL K1mICAL K1mICAL .' TO: JOBH lUNG, ESQUIRE KeS on belullf of MICHAEL A. BOOMSKA, ESQ. intends to serve a subpoena identical to Ute one that is attached to this notice. You Iulve twenty (20) days from the clIate 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 completiDl the attached counsel card and returning same to KeS or by contacting our local KeS office. DATE: 11/24/2000 KeS on behalf of MICHAEL A. BOOMSMA, &SQ. Attorney for DEF!IIDAIIT CC: MICHAEL A. 1lOClMSMA, ESQ. - 260-391-4438 Any questions regarding this matter, contact THE KeS GROUP IHC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19101 (215) 246-0900 DE02-138282 45173.. CO 1 ';" 1 ,. .. COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND JOYCE E. KEMP -VS- File No. 00-4574 THOMAS VON TROTT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH PHYSICAL THERAPY (Name of Penon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foUowing documents or things: SEE ATTACHED at THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 (Address' You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena. within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL BOOMSMA, ESQUIRE ADDRESS: 1857 WILLIAM PENN WAY, P.O. BOX 10248 LANCASTER, PA 17605-0248 TELEPHONE: (215) 246-0900 SUPREME COURT 10 II: ATIORNEY FOR: THE DEFENDANT DATE: 1/1~()~r:-/.) .;}("') ::2~ I Seal of the Court (Eff 7/97) '1,,,....,., .- . ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH PHYSICAL THER. DILLSBURG SHOPPING CENTER 860 N. US 15 DILLSBURG,PA 17019 RE: 45173 JOYCE KEMP 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: JOYCE KEMP 1501 WILLIAMS GROVE, MECHANICSBURG, PA 17055 Social Security #: 192-34-6484 Date of Birth: 10-13-1944 SUIO-278440 45173-L03 - ...,~"---- ~- " ~--- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 . MCS on behalf of MICHAEL A. BOOMSMA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/14/2000 MICHAEL A. BOOMSMA, ESQ. Attorney for DEFENDANT DEll-224483 45173 -LO 4 -:WjJ.JllI!IW"If H ,~~~ ~-- --, , . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -VS- CASE NO: 00-4574 THOMAS VON TROTT NOTICE OF IN'l'ENT TO SER.VE A SUBPOENA TO PR.ODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KEYSTONE SPINE CEIITER DILLSBURG FAMILY HEALTH CEIITER PIIlRACLE HEALTH PHYSICAL TBER. JollR S. RYCHAlt, H.D. ROBERT LONERGAN, H.D. MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL . . TO: JOIDI' KING, ESQUIRE KeS on behalf of MICHAltL A. 1lOOIfSKA, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fram 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 reprnduced records may be ordered at your expense by completing the attached counsel card and returnina s_ to KeS or by contacting our local KeS office. DATE: 11/24/2000 KeS on behalf of MICHAEL A. 1lOOIfSKA, ESQ. Attorney for DEFENDANT CC: MICHAEL A. BOOMSMA, ESQ. - 260- ]91-4438 Any questions regarding this matter, cootact TIlE ,KeS GROUP UC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-B8282 45173-C01 " .--". COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND JOYCE E. KEMP -VS- File No. 00-4574 THOMAS VON TROTT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: JOHN S. RYCHAK, M.D. (Name of Person or Entity) Within twenty (201 days after service of this subpoena. you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADEL~HIA, PA 19103 (Addr<ssl You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance. to the party making this request at the address listed above. You have the right to seek. in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoenll, within twenty {WI days after its service. the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL BOOMSMA, ESQUIRE ADDRESS: 1857 WILLIAM PENN WAY, P.O. BOX 10248 LANCASTER, PA l7605-0248 TELEPHONE: (2l5) 246-0900 SUPREME COUItT ID #I: A TIORNEY FOR: THE DEFENDANT DATE: ~)e>"V'\<.~~~ ~t':J ~I'Y.>^ . <...... Seal of the Court (Fit - ~-) I-~ .,~., - ..,-~ - ~ , " .'~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN S. RYCHAK, M.D. 99 NOVEMBER DRIVE CAMP HILL, NJ 17011 RE: 45173 JOYCE KEMP 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: JOYCE KEMP 1501 WILLIAMS GROVE, MECHANICSBURG, PA 17055 Social Security #: 192-34-6484 Date of Birth: 10-13-1944 SUlO-278442 45173-L04 :;'iJ .,- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEI:IP TERM, -vs- CASE NO: 00-4574 THOMAS VON TROTT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL A. BOOMSMA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/14/2000 MICHAEL A. BOOMSMA, ESQ. Attorney for DEFENDANT DEll-224484 45173 -LO 5 ",~"? H ,.. .~ . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOYCE E. KEMP TERM, -vs- CASE NO: 00-4574 THOMAS YON TROTT NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KEYSTONE SPINE CENTER DILLSBURG FAMILY HEALTH CENTER PINlIACLE HEALTH PHYSICAL mER. JOIDI S. RYCHAlt, H.D. ROBERT LONERGAN, H.D. MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: JOIDI KING, ESQUIRE KCS on behalf of MICHAEL A. BOOMSMA, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KeS office. DATE: 11/24/2000 KCS on behalf of MICHAEL A. BOOMSMA, ESQ. Attorney for DEFENDANT CC: MICHAEL A. BOOMSMA, ESQ. - 260-391-4438 Any questions regarding this matter, contact mE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-138282 45173-COl '?,! , _, ~ [0 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOYCE E. KEMP -VS- F') N 00-4574 Ie o. THOMAS VON TROTT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: ROBERT P. LONERGAN, M.D. (Name of Penon or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: SEE ATTACHED THE MCS GROUP INC., l601 MARKET STREET, #800, PHILADELPHIA, PA 191U3 at I AddrftO' You may deliver or mail legible copies of the documents or proch... .hings requested by this subpoena, together with the certificate of compliance. to the party making this request at .he address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or produ.ing'he things sought. If you fail to produce the documents or things required by 'hi, .ubpoen.. within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL BOOMSMA, ESQUIRE ADDRESS: 1857 WILLIAM PENN WAY, P.O. LANCASTER, PA l7605-0248 TELEPHONE: (215) 246-0900 SUPREME COURT 10 I: A TIORNEY FOR: THE DEFENDANT BOX 10248 BY DATE: 4./(b().f'"",,~A ,.:)("")1 ::::lo"'V"\^ Prothonotary/Clerkr Civ' ,VISion ~OA. OP~~~AA'V./ Oe . -- Seal of the Court (Eff, 7/97) ,~., ~ -~~- " ~ F~': EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT LONERGAN, M.D. 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 45173 JOYCE KEMP 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: JOYCE KEMP 1501 WILLIAMS GROVE, MECHANICSBURG, PA 17055 SocillI Security #: 192-34-6484 Date of Birth: 10-13-1944 SUIO-278444 45173-LOS ~_ .c' .. _ _ ~ 'IIPII'~ --........". _...-~!!l~r_!g. ~_ ,.. ~""" ~~ ~-~""" ,-" ~, s=_ g <: -'tJC>l '11r--; 2"-;"'1 ~~~ ~f2 .'''7 :""':;-1 " -, "0 ~, _ ,'_"",, C> C> C:l 1'1 C"-, o ., --I ?< ::1 , -..--- i~;t, : (", .. ~ ~ i:~; ~~-~ r",- 5J --< <;0 r;? ~"-..J .,-1 =q!il\l!l9m1!m1~~Fll!!_iI"J;r'!?Jl'>i'~~1'!';~mrp;1J-:'i""'';fl!!11''''''~'i!-''''~!'f!l.;;jm1'.~_r1!lM!I!!III1ml!l_ ,_~ lI!1"'l!!'O'~ ,l J I 1 ! I , I :1 I I [~ , i , 'I .1 1 "\~-':"j' II FRIEDMAN & KING, P.C. BY: JOHN F. KING, ESQUIRE LD. # 600 N. SECOND STREET PENTHOUSE SUITE P.O. BOX 984 HARRISBURG, PA 17108 (717) 236-8000 JOYCE E. KEMP I II Plaintiff, v. THOMAS VONTROTT Defendant , ~/ .... ATTORNEYS FOR PLAINTIFF I' I, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 00-4574 I PRAECIPE TO SETTLE, DISCONTINUE & END TO THE PROTHONOTARY: I \ Kindly mark the docket in the above matter settled, discontinued and ended with prejudice. "-!'_'q-,,.._,,_.,.~ <~"'--- FRIEDMAN & KING, P.C. BY: '."'-"'0 ,,"^ "~',."y.~,,,,,, _.',,~ _ .7'"- "_-;<'O.__c_-~-,, ~,~. -',_ -~".. ",._ ,_".q"_n _., _'o""",'L~.~_"_ ~, ''''". ,~ "_ . _.__"', .__ "_~ _n ,_,,~ , - ~" - Ji ~\ , , '-'-.... ""' ,"'''' ~. ."'l""" "'"-,-, ~-, --"~"! "'-''- Ii!I!I!!! '/" Cd ~, ,- -C1CJ n-if"n ""?"..,." ~~. ~~O )o'C ~ c, o -,-~ o C? -I N s:- ~ -of:-"; :;"Jl;:} ~:JC? ';"'''"I't ~~~ ~'~: C::I 3=1 -<. -0 -'"~ ~ :n ~"nR~~ ~__~