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HomeMy WebLinkAbout07-1379IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY A. PLATYS-DULAK NO.: 07 - l Plaintiff . V. CIVIL ACTION - LAW JOHN L. WHITE . Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default 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 THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DALH E. ANfITINH. P. C. Yoax, PxwFf?ci-Eive:iu 17405 CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY A. PLATTS-DULAK Plaintiff V. JOHN L. WHITE Defendant NO.. CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dial a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir I en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. DALH F.AAN9TlNH. P. C. Yoe.. oPasverrvwxu ??aoa CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY A. PLATTS-DULAK NO.: O'ff' - 12A/C? Plaintiff . V. CIVIL ACTION - LAW JOHN L. WHITE Defendant JURY TRIAL DEMANDED COMPLAINT DALH EA AxtiT.s?, P. C Yoaa, Paxxeslvnx?e ??nos 1. The Plaintiff, Kimberly A. Platts-Dulak, is an adult individual residing at 398 White Oak Tree Road, York Springs, PA 17372. 2. The Defendant is an adult individual residing at 209 W. Locust Street, Enola, PA 17025. 3. On March 14, 2005, the Plaintiff was the operator of a 2003 Saab automobile. 4. On March 14, 2005, Defendant was the owner and operator of a 2004 Chevrolet Trail Blazer bearing PA registration plate EKR-0235. 5. On March 14, 2005, at approximately 5:05 p.m., Plaintiff was operating her vehicle I southbound on Wesley Drive in Lower Allen Township and had stopped her vehicle for a steady I red traffic control signal at its intersection with Rte. 15. 6. At that same time and place, Defendant was operating his vehicle directly behind the Plaintiff's vehicle when he failed to stop before striking the rear of Plaintiff's vehicle causing a collision which resulted in injuries and damages to the Plaintiff. 7. This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. 9. The negligence of the Defendant consisted of the following: a. Failing to properly operate and control his motor vehicle; b. Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c. Operating his vehicle in careless disregard for the safety of others and the Plaintiffs in particular in violation of 75 Pa.C.S.§3714; d. Operating his vehicle too fast for the conditions then and there existing, in violation of 75 Pa.C.S. §3361; e. Following too closely to Plaintiffs vehicle in violation of Pa.C.S.§3310; f. Failing to stop or take other evasive action before striking the rear of Plaintiffs vehicle; g. Failing to stop his vehicle within the assured clear distance ahead, in violation of 75 Pa.C.S.§3361; and h. Failing to exercise reasonable care to avoid striking the rear of Plaintiffs vehicle when the Defendant knew or should have known of the presence of Plaintiffs vehicle. 10. Asa result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including but not limited to aggravation of a pre-existing abdominal surgical wound, and a severe shock to her nerves and nervous system. 11. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical DALx E•ANBTI NI7. P. c. Yoae, Paxnsnvnrv w5i>ao5 bills and expenses for the injuries she has suffered, and she will continue to incur medical expenses in the future. 12. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. Wayne C P sil, Esquire Attorney t-0. #28360 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 DAL® E.?ANBTIN?. P. C. Yoax, oi'axxev?vnxu i?aoa VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: AY -7 / Kimberly A. D ak DALE E. ANBT?NE• P. C-. Y.... Pare`f?vivwmw 17405 w --J C"I C r? c-.7 N -z; N cn 0 l l I Vi =a r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KIMBERLY A. PLATTS-DULAK, Plaintiff, No: 07-1379 V. JOHN L. WHITE, Defendant. CIVIL ACTION LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Lisa M. DiBernardo, Esquire, and Flanagan and DiBernardo, LLP, on behalf of Defendant, John L. White in the above-captioned matter. All papers may be served at 150 East Chestnut Street, Lancaster, PA 17602. 2,/ ' 1? O? DATE: FL?NAGAN and DIBERNARDO, LLP By isa M. DiBernardo, Esquire I.D. No. 56684 FLANAGAN and DIBERNARDO, LLP 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorney for Defendant, John L. White l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KIMBERLY A. PLATTS-DULAK, Plaintiff, V. JOHN L. WHITE, Defendant No: 07-1379 CIVIL ACTION LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On this day of (2 - 2007, I, Lisa M. DiBernardo, Esquire do hereby certify that I served a true and correct copy of my Entry of Appearance, upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Wayne C. Parsil, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaintiff, Kimberly A. Platts-Dulak DATE: FLA iAGA and DIBERNARDO, LLP By: _?. Lisa M. DiBernardo, Esquire I.D. No. 56684 FLANAGAN and DIBERNARDO, LLP 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorney for Defendant, John L. White ? "'r? ' ? r N ? _ ,ice `...'' r..,. ?- rv ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KIMBERLY A. PLATTS-DULAK, Plaintiff, No: 07-1379 V. JOHN L. WHITE, Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Plaintiff, Kimberly A. Platts-Dulak c/o Wayne C. Parsil, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. FLANAGAN and DIBERNARDO, LLP By: -Q- ?: Lisa M. DiBernardo, Esquire I.D. No. 56684 FLANAGAN and DIBERNARDO, LLP 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorney for Defendant, John L. White DATE: G 1, ^ 1 04', 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KIMBERLY A. PLATTS-DULAK, Plaintiff, No: 07-1379 V. CIVIL ACTION LAW JOHN L. WHITE, Defendant. JURY TRIAL DEMANDED DEFENDANT, JOHN L. WHITE'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Admitted upon information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Denied. The allegations raised in Paragraph 4 of Plaintiff's Complaint state a conclusion of law to which no response is required. To the extent a response may be deemed necessary, it is admitted that Defendant was the operator of a 2004 Chevrolet Trailblazer on March 14, 2005. 5. Denied. After reasonable investigation, Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations raised in Paragraph 5 of Plaintiff's Complaint and, therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 6. Denied. The allegations raised in Paragraph 6 of Plaintiff's Complaint state a conclusion of law to which no response is required. 7. Denied. The raised in Paragraph 7 of Plaintiff's Complaint state a conclusion of law to which no response is required. 2 8. Denied. After reasonable investigation, Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations raised in Paragraph 8 of Plaintiff's Complaint and, therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 9. Denied. The allegations raised in Paragraph 9 (a)-(h) of Plaintiff's Complaint state a conclusion of law to which no response is required. To the extent a response may be deemed necessary, it is specifically denied that Defendant was negligent in the following particulars: a. Failing to properly operate and control his motor vehicle; b. Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c. Operating his vehicle in careless disregard for the safety of others and the Plaintiffs in particular in violation of 75 Pa. C.S. §3714. d. Operating his vehicle too fast for the conditions then and there existing, in violation of 75 Pa. C.S. §3361; e. Following too closely to Plaintiff's vehicle in violation of Pa. C. S. §3310; f. Failing to stop or take other evasive action before striking the rear of Plaintiff's vehicle. g. Failing to stop his vehicle within the assured clear distance ahead, in violation of 75 Pa. C.S. §3361; and h. Failing to exercise reasonable care to avoid striking the rear of Plaintiff's vehicle when the Defendant knew or should have known of the presence of Plaintiff's vehicle. 10. Denied. The allegations raised in Paragraph 10 of Plaintiff's Complaint state a conclusion of law to which no response is required. To the extent a response may be deemed necessary, after reasonable investigation, Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations raised in Paragraph 10 of Plaintiff's Complaint and, therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 3 11. Denied. After reasonable investigation, Defendant lacks knowledge and information sufficient to form a belief as to the truth of the allegations raised in Paragraph 11 of Plaintiff's Complaint and, therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 12. Denied. After reasonable investigation, Defendant lacks knowledge and information sufficient to form a belief as to the truth of the allegations raised in Paragraph 12 of Plaintiff's Complaint and, therefore, said allegations are denied and strict proof thereof is demanded at the time of trial WHEREFORE, Defendant, John L. White respectfully requests that this Honorable Court enter judgment in his favor and against the Plaintiff, plus costs and such other and further relief as this Honorable Court deems just and appropriate under the circumstances. NEW MATTER 13. Paragraphs 1 through 12 above of Defendant's Answer to Plaintiff's Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 15. Plaintiff's Complaint may be barred by the applicable statutes of limitation. 16. Plaintiff's claims are barred by reason of the negligence of Plaintiff, Kimberly Platts-Dulak, which negligence was the sole or proximate cause of Plaintiff, Kimberly Platts-Dulak's alleged injuries and other damages claimed. 17. The Plaintiff failed to exercise reasonable care for her own safety under the circumstances existing and such failure to exercise reasonable care constitutes comparative negligence on their part. 4 18. Plaintiff may have selected or may be otherwise bound by the limited tort option pursuant to 75 Pa. C.S.A. §1705 and, therefore, is barred from recovery of non-economic damages because Plaintiff's injuries, if any, do not constitute a serious injury as that term is defined in 75 Pa. C.S.A. §1702. 19. Some of or all of Plaintiff's damages may be barred by the provision of 75 Pa. C.S.A. §1720 and 1722. 20. Defendant, John L. White may have been confronted with a sudden emergency. 21. Defendant was not negligent. 22. Any acts or omission of Defendant alleged to constitute negligence may not be substantial causes or factors of the subject incident and/or may not have resulted in the injuries and/or losses alleged by the Plaintiff. 23 The incident 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. 24. Plaintiff may have assumed the risk, and been contributorily negligent. 25. Plaintiff may not have properly mitigated her damages. WHEREFORE, Defendant, John L. White, demands judgment in his favor and against the Plaintiff, plus costs and such other and further relief as this Honorable Court deems just and appropriate under the circumstances. Respectfully Submitted, FLA NAGAN and DIBERNARDO, LLP By: DATE: ti Lisa M. DiBernardo, Esquire I.D. No. 56684 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant, John L. White 5 VERIFICATION I, John L. White, verify that I am a Defendant in the foregoing action and that the attached document is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of this lawsuit. The language of the document is that of counsel and is not mine. 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 contents of document are that of counsel and/or others on my behalf, I have relied upon them in making this Verification. I further state that I am signing this verification on the recommendation of my attorney who has advised that the language in the Answer with New Matter to Plaintiff's Complaint is required legally to raise issues for resolution by the court at trial. Further, I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorney on her advice. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. Date: IAX / 'd x??L LjAdL. White 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION KIMBERLY A. PLATTS-DULAK, Plaintiff, V. JOHN L. WHITE, Defendant. No: 07-1379 CIVIL ACTION LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On this day of 9 t,- , 2007, I, Lisa M. DiBernardo, Esquire do hereby certify that I served a true and correct copy of Defendant, John L. White's Answer with New Matter upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Wayne C. Parsil, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaintiff, Kimberly A. Platts-Dulak AGAN aW DIBERNARDO, LLP By: DATE J !/ Lisa i> ar uire No. 56684 FLANAGAN and DIBERNARDO, LLP 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorney for Defendant, John L. White 7 71 IN THE COURT OF COMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY A. PLATTS-DULAK NO. 07-1379 Plaintiff V. CIVIL ACTION - LAW JOHN L. WHITE JURY TRIAL DEMANDED Defendant PLAINTIFF'S REPLY TO NEW MATTER 13. Inclusion paragraph. No reply required. 14. - 25. Denied. These averments are denied and all defenses are preserved pursuant to Pa. R.C.P. 1029 (e). WHEREFORE, Plaintiff requests that judgment be entered in her favor and against the Defendant. Respectfully submitted, LAW OFFICES OF DALE E.ANSTINE, P.C. By.J r"', r I a Wayne arsil, Esquire Attorney . . #28360 Attorney for Plaintiff Two West Market Street P.O. Box 952 York, PA 17405 (717) 846-0606 CERTIFICATE OF SERVICE I, Wayne C. Parsil, Esquire, an Attorney for the Law Offices of Dale E. Anstine, P.C. hereby certify that I mailed a true and correct copy this --3- day of April, 2007 of the foregoing Plaintiff's Rep1y to New Matter to the following person by First Class United States Mail: Lisa M. DiBernardo, Esquire 150 East Chestnut Street Lancaster, PA 17602 r-12V Wayne(Cj Parsil, Esquire C? r---N cz:l Ui ti 5 f - ' Ci ? FLANAGAN and DiBERNARDO, LLP BY: LISA M. DiBERNARDO, Esquire I.D. No. 56684 150 East Chestnut Street Attorneys for Defendant, Lancaster, PA 17602 John L. White (717) 397-9444 KIMBERLY A. PLATTS-DULAK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA -v- JOHN L. WHITE, Defendant. : No: 07-1379 : CIVIL ACTION LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant, John L. White, certifies that: (1) a Notice of Intent to Serve Subpoena with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the subpoena(s) is sought to be served (a copy of the Notice of Intent to Serve Subpoena served on April 2, 2007, is attached as Exhibit "A"); (2) no objection to the subpoena(s) has been received; and (3) the subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve Subpoena. Date: FLANAGAN and DiBERNARDO, LLP By: Lisa M. DiBernardo, Esquire Attorney I.D. No. 56684 Attorney for the Defendant, John L. White FLANAGAN and DiBERNARDO, LLP BY: LISA M. DiBERNARDO, Esquire I.D. No. 56684 150 East Chestnut Street Attorneys for Defendant, Lancaster, PA 17602 John L. White (717) 397-9444 KIMBERLY A. PLATTS-DULAK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA -v- : No: 07-1379 JOHN L. WHITE, : CIVIL ACTION LAW Defendant. : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 TO: Wayne C. Parsil, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaintiff YOU ARE HEREBY notified that Defendant, John L. White, 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 counsel for serving party an objection to the subpoenas. If no objection is made, the subpoenas may be served. FLANAGAN and DiBERNARDO, LLP DAT By: - isa . DiBernardo, Esquire I.D. No. 56684 Attorney for Defendant, John L. White CONNINIONWIALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY A. PLATTS-DULAK, Plaintiff. No: 07-1379 -v- JOHN L. WHITE, CIVIL ACTION LAW Defendant. : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Farrell Plastic Surgery and Laser Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes, nurses' notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, diagnostic films, photographs of all pre and post-operative photographs taken of Plaintiff for any and all procedures, physical therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Kimberly A. Platts-Dulak (D.O.B.: 05/16/1961), for all dates of treatment and services rendered at any time. at Flanagan and DiBernardo LLP 150 East Chestnut Street Lancaster. PA 17602 (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: Lisa M. DiBernardo, Esquire ADDRESS: 150 East Chestnut Street Lancaster, PA 17602 TELEPHONE: (717)397-9444 SUPREME COURT ID # 56684 ATTORNEY FOR: Defendant White BY THE COURT: Prothonotary, Civil Division Date: --- ----- - - Seal of the Court Dcpuly COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY A. PLATTS-DULAK, Plaintiff, No: 07-1379 _V_ JOHN L. WHITE, CIVIL ACTION LAW Defendant. . JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Horace Mann Insurance (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following, documents or things: All records referencing a first-party claim for benefits, or other benefits of any kind whatsoever (including UM or UIM), made by Kimberly A. Platts-Dulak, as a result of an accident that occurred on 03/14/2005 (Claim No. 06965 B SAM; Insured: Kimberly Dulak), at any time. This request is for all correspondence, medical records, notes, first party payout sheets for medical expenses and wage loss paid, wage and salary verification, peer review or IME reports or correspondence, a copy of the declaration page that was in effect on 03/1412005, any photographs showing property damage to any vehicles involved in the accident, any recorded statements or other accident investigation, any records relevant to claims made under any collision or liability coverage on the policy. at Flanagan and DiBernardo LLP 150 East Chestnut Street, Lancaster. PA 17602 (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 ri?ht 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: Lisa M. DiBernardo. Esquire ADDRESS: 150 East Chestnut Street, Lancaster, PA 17602 TELEPHONE: (717)397-9444 SUPREME COURT ID 9 56684 ATTORNEYTOR: Defendant White BY THE COURT: Prothonotary, Civil Division Date: -- -- --- Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY A. PLATTS-DULAK, Plaintiff, No: 07-1379 -v- CIVIL ACTION LAW JOHN L. WHITE, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ace Property and Casualty (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: The entire/complete claims file for any claims for benefits of any kind (including worker's compensation), including but not limited to, all records, documentation, correspondence, bills, investigative materials, damage estimates, and photographs, made by Kimberly A. Platts-Dulak and/or insured, HealthSouth Rehabilitation, at any time, including claims made as a result of an alleged incident that occurred on 07103/1992. Insured: HealthSouth Rehabilitation; Claim No.: OM0005228204. at Flanaszan and DiBernardo LLP 150 East Chestnut Street Lancaster. PA 17607, (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 parry 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: Lisa til. DiBernardo, Esquire ADDRESS: 150 East Chestnut Street, Lancaster, PA 17602 TELEPHONE: (717)397-9444 SUPREME COURT ID # 56684 ATTORNEY FOR: Defendant White I3Y THE COURT: Prothonotary, Civil Division Date: Scal of the Court Deputy FLANAGAN and DiBERNARDO, LLP BY: LISA M. DiBERNARDO, Esquire I.D. No. 56684 150 East Chestnut Street Attorneys for Defendant, Lancaster, PA 17602 John L. White (717) 397-9444 KIMBERLY A. PLATTS-DULAK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA -v- : No: 07-1379 JOHN L. WHITE, : CIVIL ACTION LAW Defendant. : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Wayne C. Parsil, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaintiff, Kimberly A. Platts-Dulak DATE: FLANAGAN and DiBERNARDO, LLP By: a . DiBernardo, Esquire I.D. No. 56684 Attorney for Defendant, Kimberly A. Platts-Dulak LAW OFFICES OF DAz,:E E. Awsrzevm. P.C. TWO WEST MARKET STREET DALE E. ANSTINE POST OFFICE BOX 952 PRACTICE LIMITED TO: DAVID M. POLLICK YORK, PE:N1gSYLVAJIIA 17405 PERSONAL INJURY GREGORY E. MARTIN WRONGFUL DEATH JOHN M. SOFILKA LEAH B. GRAFF (717) 846-0606 OFFICES ALSO IN: WAYNE C. PARSIL FAX (717) 845-7431 LANCASTER & GETTYSBURG THOMAS P. LANG April 5, 2007 AMBER A. ROGERS Lisa M. DiBernardo, Esquire 150 East Chestnut Street Lancaster, PA 17602 RE: Kimberly A. Platts-Dulak Y. John L. White Cumberlnd County Civil Action No.: 07-1379 Your File No.: 24-032LMD Dear Ms. DiBernardo: We are in receipt of your Notice of Intent to Serve a Subpoena pursuant to Rule 4009.21 to produce documents. We understand that this subpoena will be served on the following parties: Farrell Plastic Surgery and Laser Center Horace Mann Insurance Ace Property and Casualty We will not file an objection to the Subpoena, but ask that you furnish legible copies of the documents received. Thank you for your anticipated cooperation. Trul y , Wayne C. Parsil WCP/jmb FLANAGAN and DiBERNARDO, LLP BY: LISA M. DiBERNARDO, Esquire I.D. No. 56684 150 East Chestnut Street Attorneys for Defendant, Lancaster, PA 17602 John L. White (717) 397-9444 KIMBERLY A. PLATTS-DULAK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA -v- : No: 07-1379 JOHN L. WHITE, : CIVIL ACTION LAW Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing document, upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Wayne C. Parsil, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaintiff, Kimberly A. Platts-Dulak FLANAGAN and DiBERNARDO, LLP Date: By: /Zz? Lisa M. DiBernardo, Esquire Attorney I.D. No. 56684 Attorney for the Defendant, John L. White /? ?J ?;,' ??d ^-? J l ? .. ? .. ,,y ?`? '? r?F ??? 'T'1 ? ?? y ?.? :_I - ?.iw _ .l r -. . ? ;-{ . r ? -? ?-r :y i?7 _ FLANAGAN and DiBERNARDO, LLP BY: LISA M. DiBERNARDO, Esquire I.D. No. 56684 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant, John L. White KIMBERLY A. PLATTS-DULAK, Plaintiff, -v- JOHN L. WHITE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No: 07-1379 : CIVIL ACTION LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant, John L. White, certifies that: (1) a Notice of Intent to Serve Subpoena with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the subpoena(s) is sought to be served (a copy of the Notice of Intent to Serve Subpoena served on May 14, 2007, is attached as Exhibit "A"). By letter dated May 16, 2007, Plaintiffs counsel indicated that he had no objection with the service of the subpoena(s) prior to the 20-day period (a copy of Plaintiffs counsel's correspondence dated May 16, 2007, is attached as Exhibit "B"); (2) no objection to the subpoena(s) has been received; and (3) the subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve Subpoena. Date: FLANAGAN and iBERNARDO, LLP By: Lisa M. DiBernardo, Esquire Attorney I.D. No. 56684 Attorney for Defendant White FLANAGAN and DiBERNARDO, LLP BY: LISA M. DiBERNARDO, Esquire I.D. No. 56684 150 East Chestnut Street Attorneys for Defendant, Lancaster, PA 17602 John L. White (717) 397-9444 KIMBERLY A. PLATTS-DULAK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA -v- JOHN L. WHITE, Defendant No: 07-1379 CIVIL ACTION LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 TO: Wayne C. Parsil, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaintiff YOU ARE HEREBY notified that Defendant, John L. White, 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 counsel for serving party an objection to the subpoenas. If no objection is made, the subpoenas may be served. DATE. 7 FLANAG and DiBERNARDO, LLP By: Lisa i ernardo, Esquire I.D. No. 56684 Attorney for Defendant, John L. White 0&&A R COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENIBERLY A. PLATTS-DULAK, Plaintiff. _V_ JOHN L. WHITE, Defendant. No: 07-1379 CIVIL ACTION LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Beverly Uniacke, NID (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes, nurses' notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, diagnostic films, photographs of all pre and post-operative photographs taken of Plaintiff for any and all procedures, physical therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Kimberly A. Platts-Dulak (D.O.B.: 0511611961), for all dates of treatment and services rendered at any time. at Flanagan and DiBernardo. LLP 150 East Chestnut Street Lancaster PA 17602 (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 I-FIE FOLLOWING PERSON: NAME: Lisa M. DiBemardo, Esquire ADDRESS: 150 East Chestnut Street, Lancaster, PA 17602 TELEN ION I?: 1717)397-9444 SUPREME COURT ID # 56684 ATTORNEY I:OR: Defendant White BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court - -- Dcpwy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENIBERLY A. PLATTS-DULAK, Plaintiff, No: 07-1379 JOHN L. WHITE. -v- : CIVIL ACTION LAW Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Patricia Reddy, MD, Harrisburg Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes, nurses' notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, diagnostic films, photographs of all pre and post-operative photographs taken of Plaintiff for any and all procedures, physical therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Kimberly A. Platts-Dulak (D.O.B.: 05/16/1961), for all dates of treatment and services rendered at any time. at Flanagan and DiBernardo LLP 150 East Chestnut Street Lancaster PA 17602 (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 parry 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: Lisa M. DiBernardo, Esquire ADDRESS: 150 East Chestnut Streetj_aneaster,_PA 17602 Tl LEP1-I0N[:: (717)397-9444 SUPRF,ME: COURT ID # 56694 ATTORNEY FOR: Defendant White BY THE COURT: Prothonotary, Civil Division Pate: Seal orthc Court Ucputy FLANAGAN and DiBERNARDO, LLP BY: LISA M. DiBERNARDO, Esquire I.D. No. 56684 150 East Chestnut Street Attorneys for Defendant, Lancaster, PA 17602 John L. White (717) 397-9444 KIMBERLY A. PLATTS-DULAK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA -v- : No: 07-1379 JOHN L. WHITE, : CIVIL ACTION LAW Defendant. : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Wayne C. Parsil, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaintiff, Kimberly A. Platts-Dulak DATE: FLANAGA and Di ERNARDO, LLP By: a M. DiBernardo, Esquire I.D. No. 56684 Attorney for Defendant, Kimberly A. Platts-Dulak DALE E. ANSTINE DAVID M. POLLICK GREGORY E. MARTIN JOHN M. SOFILKA LEAH B. GRAFF WAYNE C. PARSIL THOMAS P. LANG AMBER A. ROGERS LAW OFFICES OF TWO WEST MARKET STREET POST OFFICE BOX 952 YORK. PENsSYLVAsia 17403 (717) 846-0606 FAX (717) 845-7431 May 16, 2007 Lisa M. DiBernardo, Esquire 150 East Chestnut Street Lancaster, PA 17602 RE: Kimberly A. Dulak-Platts v. John L. White Cumberland County No. 07-1379 Dear Lisa: PRACTICE LIMITED TO. PERSONALINJURY WRONGFUL DEATH OFFICES ALSO IN: LANCASTER& GETTYSBURG We are in receipt of your Notice of Intent to Serve a Subpoena pursuant to Rule 4009.21 to produce documents. We understand that this subpoena will be served on the following parties: Beverly Uniacke, M.D. Patricia Reddy, M.D. -Harrisburg Hospital We will not file an objection to the Subpoena, but ask that you furnish legible copies of the documents received. Thank you for your anticipated cooperation. Trul y rs, 'zzz Wayne . arsil WCP/jmb FkhbA12 FLANAGAN and DiBERNARDO, LLP BY: LISA M. DiBERNARDO, Esquire I.D. No. 56684 150 East Chestnut Street Attorneys for Defendant, Lancaster, PA 17602 John L. White (717) 397-9444 KIMBERLY A. PLATTS-DULAK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA -v- : No: 07-1379 JOHN L. WHITE, : CIVIL ACTION LAW Defendant. : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing document, upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Wayne C. Parsil, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaintiff, Kimberly A. Platts-Dulak Date: FLANAG .and DiBERNARDO, LLP By: Lisa M. DiBernardo, Esquire Attorney I.D. No. 56684 Attorney for the Defendant, John L. White "`., _, -sl ......,t ---? _?5 T.,? ' z _ fJ ... __??'1"i r`, ? - ... (_:. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01379 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PLATTS-DULAK KIMBERLY A VS WHITE JOHN L STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WHITE JOHN L the DEFENDANT , at 2030:00 HOURS, on the 14th day of March 2007 at 209 W LOCUST STREET ENOLA, PA 17025 JOHN WHITE a true and attested copy of COMPLAINT & NOTICE by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.40 ?,??.%?'s?"t.? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.40 03/15/2007 0 DALE E ANSTINE Sworn and Subscibed to 3118161 By: before me this day De ty Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY A. PLATTS-DULAK Plaintiff V. JOHN L. WHITE Defendant CIVIL ACTION - LAW NO. 07-1379 JURY TRIAL DEMANDED PRAECIPE TO REMOVE To the Prothonotary: Please mark the above-captioned action settled and satisfied and issue Certificate of Discontinuance. LAW OYFICES O(V DALE 1E. ANSTINE By Dated: 1-6--?7`6? DOWN. Pollick, Esq. 2 W. Market St., P.O. Box 952 York, PA 17405 (717) 846-0606 Supreme Court ID: 34368 Yoxx, oPx??wv?.n ?w5 ??HOs c :.? -rs . cc, } j ci