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HomeMy WebLinkAbout01-5879 TERA MIKULA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. ; NO. 0(- 6Y77 ~ ALISHA M. KLINGER Defendant : CNIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment maybe 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, LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 TERA MIKULA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. ALISHA M, KLINGER Defendant : CNIL ACTION - LAW : JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en Ia corte. Si usted qui ere defenderse de estas demandas expuestas en Ias paginas siguientes, usted tiene viente (20) dias de plazo aI partir de Ia fecha de la 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 a viso 0 notificacion, y por cualquier queja 0 alivio que es pedido en Ia peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 TERA MIKULA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, NO. 6'1-5879 ~ ALISHA M, KLINGER, Defendant CNIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Tera Mikula., by and through her attorneys, CALDWELL & KEARNS, and files the instant Complaint and states in support thereof as follows: I. Plaintiff, Tera Mikula, is an adult individual currently residing at 66 Bragg Drive, East Berlin, Adams County, Pennsylvania, 17316. 2. Defendant, Alisha M, Klinger, is an adult individual with a last known address of 612 Range End Road, Lot 18, DilIsburg, York County, Pennsylvania 17019. 3. On or about March 21, 2000 at approximately 08: 10 a.m., Plaintiff was operating her 1993 Toyota Celica GT Convertible on U.S. Route 15 in Upper Allen Township, Cumberland County, Pennsylvania. 4, At that time and place, Plaintiff was preparing to stop in the left hand, northbound lane of U.S. Route 15, behind a line of cars stopped at a red light at the intersection of U.S. Route 15 and West Lisbum Road. 5. At that time and place, Defendant, who was also traveling in a northbound direction on U.S. Route 15 struck the rear-end of Plaint iff's vehicle forcing the front of Plaintiff's vehicle to impact the rear of a vehicle driven by Linadale Mallory, who was stopped at the red light immediately in front of Plaintiff. 6, At the time ofthe impact Defendant was traveling at a speed of 45 miles per hour. 7. The accident was caused solely by the negligence, carelessness and recklessness of Defendant. 8, The negligence, carelessness and recklessness of Defendant consisted of the following: (a). Operating her vehicle at a high rate of speed under the circumstances; (b). Failing to maintain a proper lookout for when she should have avoided Plaintiff's vehicle, she failed to do so; (c). Failing to have her vehicle under proper and adequate control under the circumstances; (d). Failure to act with regard to the point and position of the Plaintiff's vehicle; (e). Failing to stop before striking the rear of Plaintiff's vehicle; (t). Failing to stop at the red light; (g). Failing to stop in a safe manner; (h), Failing to stop her vehicle within the assured clear distance ahead in violation of75 Pa. C.S.A. 93361; (i) Following too closely behind Plaintiff's vehicle in violation of75 Pa C.S.A. 93310; and (g). Careless driving under 75 Pa, C.S.A. 93714, 9, As a direct and proximate result of the above described occurrence, Plaintiff sustained serious and permanent injuries in and about her head, body and limbs, including but not limited to cervical sprain/strain, bilateral shoulder pain, back pain, headaches, facial lacerations, chipped tooth, and a deviated septum. 10. Plaintiffhas undergone, and continues to undergo, medical treatment, including but not limited to, emergency medical treatment, surgery, restorative dental procedures, therapy and medication for pain relief, extensive physical therapy, and numerous doctor visits. 11. Plaintiffhas been and continues to be obligated to expend various sums of money for the medicine and medical treatment for her injuries. 12. Plaintiff s injuries caused her to be temporarily disabled from her primary occupation and to be continuously disabled from her part time employment as a dance instructor, resulting in a significant financial loss to Plaintiff. 13. Plaintiffs injuries have prevented her from participating in numerous activities in which she participated prior to the occurrence described above, including, but not limited to sports, dance, running, and aerobics, resulting in a loss of enjoyment and mental anguish, 14. Plaintiff has suffered, still suffers and will continue to suffer great pain and anguish for an indefinite time into the future. 15. Plaintiff selected the full tort option on her automobile insurance. 16, To the extent it would be determined that Plaintiff does not have the full tort option, the Plaintiff has suffered a serious injury which has resulted in serious impairment of her body functions and/or permanent serious disfigurement. 75 Pa.C.S,A. S 1705(d). WHEREFORE, Plaintiff demands judgment against Defendant for an amount in excess of Twenty-Five Thousand Dollars ($25,000.00) plus interest, cost, attorneys fees, and delay damages. Respectfully submitted, By: Jame . olds ith, squire AttorneyI.D. #27115 Ray J, Michalowski Attorney 1.D. # 87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff Dated: 10 - "0- Cl{ 263821 VERIFICATION 1, Tern Mikula hereby verify that the averments set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1/J.5/6) , T~ fl{1~ 27425 ~~~ -::. t' u. ~~~ i>' ~ , ~ .~~\~ j (@ c:; WTJC) ITI' :-"") ~? ---i ;;;~ en -< ~~~ - t.=.l ~.~~ {~~ _'("" r.:- ~~ ~ " -, (...) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this d--<(;~day of r\)~ , 2001, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of InterrogatorieslRequest for Production of Documents of Defendant to Plaintiff, Set No, 1 by United States Mail, addressed to the party or attorney of record as follows: James L. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS THOMAS B. ONAUGLE, ESQUIRE Supreme Court 1.D. #64584 Attorney' for Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 By: B -~ Il/?:? Kf1;! !'j.",. ~<,' .RC Sf8 c- <" .:;j c:;;, -- ii!!: C:5 " Cv c:;;, 'i? ""j 'b :::;L' s~ 'L~','~, r-.:.. el,>", ~ ~~::/ .~~~~: (")i/'i ~ .':b "<;' -- '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No, 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED PRAECIPE AND ENTRY OF APPEARANCE PURSUANT TO Pa.R.C,P, 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman and Thomas B, Sponaugle of Griffith, Strickler, Lerman, Solymos & Calkins as attorneys for the Defendant in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ~ BY. . THOMAS B. SPONA GLE, ESQUIRE Supreme Court 1.D. #64584 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney for the Defendant, Alisha M. Klinger Dated: December 7, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALlSHA M. KLINGER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 7th day of December, 2001, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: James L. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, P A 1711 0 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, BYS~ THOMAS B. SPO A LE, ESQUIRE Supreme Court 1.D. #64584 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney for the Defendant klr/klinger.prp.z . (") S :o~ 11' (n ;?!fTj ;;>-'J: cr.' r-- ::l ~~. ~C'., ~... ;;"'C"" :&C:s C-- '"" ~ o - l~ -~) I) C:J ,--ry '> - ''-' -" :~~"': ':'~) ::> (1) > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, thiS;!!! day of .5i3( , 200+;1, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Defendant's Response to Plaintiff's Request for Production of Documents to Defendant by United States Mail, addressed to the party or attorney of record as follows: James 1. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, P A 17110 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: ~ THOMA . SPONAUGLE, ESQUIRE Supreme Court I.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 8 s: r:w-,-: ~tfr ~~ 5.~D ,20 ::v 5'> 6 -1:; !;:: ~ ':n (X) .. o f\.) f- """ ;:;z: I W P 11 U) z ;z ~ <( u '" ~ U) M a ~ CO ::; >- M j?:: ~ " N I.J. " 0 a z " 2: "' U) ffi Co ;c"2<e w z' " U I u: <( ~ z " J ~,~.. ~ ::; ~ " 0?: 0 0 0: Z >- " w ~ Q... ~ ~ '" >- ',:'\:::J ::5 "' 0:' '" Z cC'>- w 0 z ,,<) ,,' (j) ~ "' w '" ~ "- I ,').2 u ",' -~. :CZ ii' ~ ..,-- f- a ~~: ~.l.JLU U) >- I'" ~I1a... ",' [ , ..c f- "J u: () ::-.J ~ 0 U ii' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD To: Tera Mikula c/o James L. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed Answer & New Matter of Defendant, Alisha M. Klinger, within twenty (20) days from service hereof or a judgment may be / entered against you. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THOMASB.!~~ Supreme Court 1.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs, No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED ANSWER & NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted and denied. It is admitted that on or about March 21,2000 at approximately 8:10 a.m. Plaintiff was operating her 1993 Toyota Celica GT on U.S. Route 15 in Upper Allen Township, Cumberland County, Pennsylvania. The remaining allegations are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 5. Admitted and denied. It is admitted at that time and place, Defendant was traveling in a northbound direction on U.S. Route 15 and struck the rear-end of the vehicle being operated by Tera Mikula. The remaining allegations are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 7. Denied. It is specifically denied the accident was caused solely by the negligence, carelessness and recklessness of Defendant. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent, careless or reckless and strict proof thereof is demanded. 8. Denied. It is specifically denied the negligence, carelessness and recklessness of Defendant consisted of the following: a. Operating her vehicle at a high rate of speed under the circumstances; b. Failing to maintain a proper lookout for when she should have avoided Plaintiffs vehicle, she failed to do so; c. Failing to have her vehicle under proper and adequate control under the circumstances; d. Failure to act with regard to the point and position of the Plaintiff's vehicle; e. Failing to stop before striking the rear of Plaintiffs vehicle; f. Failing to stop at the red light; g, Failing to stop in a safe manner; h. Failing to stop her vehicle within the assured clear distance al1ead in violation of75 Pa. C.S. ~3361; 1. Following too closely behind Plaintiffs vehicle in violation of75 Pa, C.S. ~331O; and g. Careless driving under 75 Pa. C.S. ~37l4, 2 On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances, was not negligent, careless orreckless and strict proof thereof is demanded. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 10, Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded, 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 3 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 16. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. WHEREFORE, Defendant Alisha M. Klinger respectfully requests this Honorable Court to enter judgment in her favor and against the Plaintiff, together with costs of suit. By way of further response, the following is asserted: NEW MATTER 17, Paragraphs I through 16 of Defendant's Answer are incorporated herein by reference as though set forth in full. 18. Plaintiffs Complaint fails to state a cause of action upon which relief may be granted, 19. Plaintiff s Complaint may be barred by applicable statute of limitations. 20. Plaintiffs injuries and damages, if any, were caused solely and directly as a result of individuals or entities other than the Defendant, and over whom the Defendant had no responsibility or right of control. 21. Plaintiff s injuries and damages, if any, were caused solely and directly as a result of the negligence of Plaintiff, Tera Mikula, which negligence consisted of the following: a. Operating her motor vehicle without due regard for the rights, safety, and position of the Defendant aforesaid; b. Failing to have her motor vehicle under proper and adequate control at the time; 4 c. Failing to keep a proper lookout; d. Failing to come to a stop within the assured clear distance al1ead; e. Failing to yield the right-of-way; and f. Stopping suddenly and without warning, creating a sudden emergency. 22. Defendant was faced with a sudden emergency which occurred when Plaintiff's vehicle suddenly, abruptly, and without warning or notice slowed and/or stopped in her path causing or in part causing this motor vehicle accident. 23. Plaintiffs claims must be barred or diminished with respect to Pennsylvania's Comparative Negligence Act because of the negligence of Plaintiff, Tera Mikula, as set forth above. 24. Plaintiff has not sustained a serious injury as defined under the Pennsylvania Motor Vehicle Financial Responsibility Law. 25. Plaintiff's claim for non-economic damages may be barred because Plaintiff has elected a limited tort option as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. 26. Plaintiff may have failed to mitigate her damages. 27. Plaintiff may have received various benefits from other insurance arrangements, programs, and groups of contract insurance, including benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law, and may not recover for the same benefits in this proceeding, 28. The injuries and damages that Plaintiff claims to have sustained in this motor vehicle accident may have pre-existed this accident and were not caused as a result of this accident. 5 29, The injuries and damages that Plaintiff claims to have sustained in this motor vehicle accident may have pre-existed this accident and were aggravated or exacerbated as a result of this accident. 30. The injuries and damages that Plaintiff claims to have sustained in this motor vehicle accident may have been sustained subsequent to this accident and may not be related to this accident. 31. Plaintiff has recovered from the injuries which she allegedly sustained as a result of this accident. WHEREFORE, Defendant Alisha M. Klinger respectfully requests this Honorable Court to enter judgment in her favor. By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS THO~ Supreme Court 1.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED VERIFICATION I, Thomas B. Sponaugle, Esquire, do hereby verify that I am the attorney of record for the pleading party herein, Alisha M. Klinger, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS Dated: 1-;!!r-02-- BY~. THOMA . 0 , ESQUIRE Supreme Court 1.D. #64584 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this & day of ~ ' 2001, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certifY that I have this date served a copy of Answer & New Matter by United States Mail, addressed to the party or attorney of record as follows: James L. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N, Front Street Harrisburg, PA 17110 By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS rno~ Supreme Court 1.D. #64584 Attorney for Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 () 0 ~ c '" ... "1J f.o <- '-J ~... E;P"" ;;e: h~i?l ~:g '" '"I"Jf'T1 t.; t;;;, '" ~;:'j t:J ;:$6 ,-) I "'lJ ~g ~ -- 'I ::x: "":"- ,." zQ ::'}c5 5>~ ~ or." :2: ;g =< '0 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 1St day of r~ ' 2002, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Defendant's Answers to Plaintiffs Interrogatories by United States Mail, addressed to the party or attorney of record as follows: James L. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg,PA 17110 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: THOMA B. AUGLE, ESQUIRE Supreme Court 1.D. #64584 Attorney for Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 (') fi:3 ~ 0 ~q fRi15 ~ ---4 rr-, . /j::n it; -':C' -t:: , ,-- C/j ,0" Jtn ;:$"" .".. l! ~6 ;}i /{jl 3ft) ~O W ---,. '~) ~ " C5rQ '" -; ;b' CJl ::0 "< TERA MIKULA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. C.C.P. No. 01-5879 ALISHA M. KLINGER Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, comes Plaintiff, Tera Mikula, by and through her attorneys, Caldwell & Kearns, and files this Answer to New Matter of Defendant, Alisha M. Klinger, and avers in support thereof as follows: 17. Paragraphs 1 through 16 of Plaintiff's Complaint are incorporated herein by reference as though set forth in full below. 18, Denied. The averments of this paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proofthereof is demanded at trial. 19. Denied. The averments of this paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 20. Denied. The averments of this paragraph are denied generally and as conclusions of law and strict proof thereof is demanded at trial. 21. Denied. The averments of this paragraph are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 22, Denied. The averments ofthis paragraph are denied generally and as conclusions of law and strict proofthereof is demanded at trial. 23. Denied. The averments of this paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 24. Denied. The averments of this paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 25. Denied. The averments of this paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 26, Denied. The averments of this paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 27. Denied. The averments of this paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 28, Denied. The averments of this paragraph are denied generally and as conclusions of law and strict proofthereof is demanded at trial. 29. Denied. The averments of this paragraph are denied generally and as conclusions of law and strict proof thereof is demanded at trial. 30. Denied. The averments of this paragraph are denied generally and as conclusions of law and strict proof thereof is demanded at trial. 31, Admitted in part and denied in part. Admitted that Plaintiff has partially recovered from the injuries she sustained as a result of this accident. By way of further answer, Plaintiff continues to suffer damages including pain, inconvenience, and loss oflife's pleasure and continues to undergo, and for the foreseeable future will continue to undergo, medical treatments related to the injuries she sustained as a result ofthis accident. WHEREFORE, Plaintiff, Tera Mikula, respectfully requests this Honorable Court to enter judgment in her favor and against Defendant, Alisha M. Klinger. Respectfully submitted, CALDWELL & KEA By es Gol Attorn y 1.D. #27115 Ray J. Michalowski, Esquire Attorney 1.D. #87135 3631 North Front Street Harrisburg, P A 17110 Attorneys for Plaintiff VERIFICATION I, Tera Mikula hereby verify that the averments set forth in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: (~/ 9/0 J- (~ J! () II ;JWj 1()~ f L III 0-) Tera Mikula CERTIFICATE OF SERVICE AND NOW, this 1J.;:th day of ~~ U~~;y , 2002, I hereby certifY that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Thomas B. Sponaugle, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKIN 110 South Northern Way York, PA 17402 CALDWELL & KEARNS By: t!Lfd~<--I17~-1d!~a' 00-191/35504 , c.. c': ;>- r- -.;>- ~-- ,f'i:;~ "::::f, '::51 c') '> 0.. Cy, u_ 1"-,,1 :u (L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIES/REOUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT TO PLAINTIFF. SET NO.1 AND NOW, TO WIT, this ,~ day of f ~ t ,2002, comes the Defendant, Alisha M. Klinger, by her counsel, GRIFFITH, STRICKL~R, LERMAN, SOL YMOS & CALKINS, and files the following Motion to Compel Plaintiff's Answers to InterrogatorieslRequest for Production of Documents of Defendant to Plaintiff, Set No. I, as follows: 1. On or about November 30, 2001, Defendant Alisha M. Klinger propounded a set of Interrogatories and Request for Production of Documents, Set No. I, to the Plaintiff. Copies of said Interrogatories and Request for Production of Documents were filed with the Cumberland County Court of Common Pleas on or about November 30, 2001. 2, Said discovery responses were due on or before December 30, 2001. 3. On January 11,2002, defense counsel forwarded correspondence to Plaintiffs counsel requesting Plaintiffs discovery responses to which no response was communicated by Plaintiff's counsel. 4. Defendant granted an extension to February 4,2002, but has not received the requested responses, 5. To date, Plaintiff has failed to respond to Defendant's discovery requests. 6. The submission of these discovery requests constitutes the first stage of discovery, which would afford moving Defendant the opportunity to identify potential trial witnesses and trial evidence, including experts, and discovery information relevant to the alleged damages claimed by actual witnesses. WHEREFORE, moving Defendant Alisha M. Klinger respectfully requests this Honorable Court to issue a verdict compelling Plaintiff Tera Mikula to respond to Interrogatories and Request for Production of Documents of Defendant to Plaintiff, Set No.1, within 30 days from the date of this Order. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THOMAS B. LE, ESQUIRE Supreme Court .D. #64584 Attorney for Defendant 110 South Northern Way York,PA17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M, KLINGER, Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of f' ~2002, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRI~AN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Motion to Compel Plaintifrs Answers to InterrogatorieslRequest for Production of Documeuts of Defendant to Plaintiff, Set No.1 by United States Mail, addressed to the party or attorney of record as follows: James L. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THOM~ Supreme Court 1.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 0 a C 1"-, ...- -" "1:J Dc' -" rn fi-; ;:;.-, --::;.-- ."1 :::::: f' ,,) (;)> ,s.~ ..,.'- \.. ~r-? -, p -' S) '--) c: ~ r=- );;! .:JJ ID -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED ORDER AND, NOW, TO WIT this 'l..,f'" day of 1"-<<'''''-'' , 2002, upon consideration of Motion to Compel Plaintiff s Answers to InterrogatorieslRequest for Production of Documents of Defendant to Plaintiff, Set No.1, it is hereby ORDERED that the Plaintiff Sl:HlIHit re-.,~~k l!eltl.fllete ana coltllllehensi-,e 11f18We1'8 to moving Defendant's Interrogatories and Request for ,S'''NI~ rf Production of Documents, Set No.1, within 2.0 days from the date o~this Order. BY THE COURT, ,AJ- ~4 GO\ds,,;'tn) ~~p 6 tJ Q.'j I e. ~ L crr~ (1) -fit mJ, 0':). ~~ -O~ "1\5 'v1N'v'^lASNN3d AlNnm a~!>I1H38V'1m ss :l l~d ~z 83.:J 2:0 A!:JVlOI'iC,'lC:',,: :':i 3JH:~D--c':r:i:J . ,.,.' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORlES/REOUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT TO PLAINTIFF, SET NO.1 AND NOW, TO WIT, this (ib-- day of -f ..c.l.M.. ~ 4 ' 2002, comes the Defendant, Alisha M. Klinger, by her counsel, GRIFFITH, STRICKLJR, LERMAN, SOL YMOS & CALKINS, and files the following Motion to Compel Plaintiffs Answers to InterrogatorieslRequest for Production of Documents of Defendant to Plaintiff, Set No.1, as follows: 1. On or about November 30, 2001, Defendant Alisha M. Klinger propounded a set of Interrogatories and Request for Production of Documents, Set No.1, to the Plaintiff. Copies of said Interrogatories and Request for Production of Documents were filed with the Cumberland County Court of Common Pleas on or about November 30,2001. 2. Said discovery responses were due on or before December 30, 2001. 3. On January 11, 2002, defense counsel forwarded correspondence to Plaintiffs counsel requesting Plaintiffs discovery responses to which no response was communicated by Plaintiffs counsel. 4. Defendant granted an extension to February 4, 2002, but has not received the requested responses, 5. To date, Plaintiff has failed to respond to Defendant's discovery requests. 6. The submission ofthese discovery requests constitutes the first stage of discovery, which would afford moving Defendant the OPportunity to identifY potential trial witnesses and trial -_..,~.".~._~......._...-,,-.-- evidence, including experts, and discovery information relevant to the alleged damages claimed by actual witnesses. WHEREFORE, moving Defendant Alisha M, Klinger respectfully requests this Honorable Court to issue a verdict compelling Plaintiff Tera Mikula to respond to Interrogatories and Request for Production of Documents of Defendant to Plaintiff, Set No.1, within 30 days from the date of this Order. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: LE, ESQUIRE Supreme Court .D. #64584 Attorney for Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TERA MIKULA, Plain tiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of 2002, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LE AN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Motion to Compel Plaintiff's Answers to InterrogatorieslRequest for Production of Documents of Defendant to Plaintiff, Set No.1 by United States Mail, addressed to the party or attorney of record as follows: James L. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: THO~ Supreme Court 1.D. #64584 Attorney for Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 H0 9 ..- :~:";ii')il,.J" (') C;; ~~ i"'" .." 'T) n~' ;-,.., rnf~', ~:,;:J -,...." ~~;:, N '- r:; ;c ..-......' )">C~ ., ~? (~) :"'l .:.J Pc: ~ r:- -;;! ':'::;J \ 0 -< '5 ~jj;~~ ';.tti:-, :, ,~ EJ GH a\ ~ jJ ~ >= e/) .~-? '~icb .Jei" :-.-) G C~ ('..j C.~~ , , L.. 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IN, TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MIKULA Vs. KLINGER NO. 015879 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 THOMAS B SPONAUGLE, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s), Date: 03/13/02 THOMAS B SPONAUGLE, ESQUIRE 110 S NORTHERN WAY YORK, PA 17402 717-757-7802 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 File #: M284017 By: Jacqueline Ciarrocchi IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MIKULA Vs, KLINGER No. 015879 TO: JAMES GOLDSMITH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice, You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena, If no objection is made the subpoena may be served. Date: 02/20/02 THOMAS B SPONAUGLE, ESQUIRE 110 S NORTHERN WAY YORK, PA 17402 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi Enc (s): Copy of subpoena (s) Counsel return card File #: M284017 ~TH OF pENNSYLVANIA 0J0Nl'Y OF aJMBERIAND MIKULA Va. File No. 015879 KLINGER SUBPOENA TO PROOUCE DCCl.J1ENTS OR 'TH I NGS FOR D I SCX>VERY PURSUANT TO RULE 4009.22 HANOVER HOSP, 300 HIGHLAND AVE, HANOVER PA 17331 TO: ATTN: MEDICAL RECORDS DEPT (NlITle of Person or Ent i ty) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent.. or thi~s: SEE ATTAl.:HlW ADDENDUM at MEDICAL LEGAL REPRODUCTION~/(c:ldFf~) 4940 DISSTON ST" PHILA" PA You may deliver or mail legible copies of the docunents or produce things requested ~) this subpoena, together with the certificate of COTPliance, to the party making thi, request at the address listed above, You have the right to seek in advance the rea~onablE cost of preoaring the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoena within t\oolenty (20) days after its serv~ce, the party serving thk; ~,ubpoena may seek a court orde,' cx:rrpelling you to carply with it. 'TH I S SUBPOENA WAS NAl'E : ADORESS : ISSUED AT THE REQUEST OF 'THE FOLLCWING PERSON: THOMAS B SPONAUGLE, ESQ 11 e a NORTIIERN WAY YORK, PA 17402 TELEPH:lNE: SUPREI-E COJRT I D # ATTORNEY FOR: 215-335-3212 , 64584 DEFENDANT BY M284017-01 DATE: J:€ ~ :1L ;}r-nd-. , Seal of the Court <-- Prothonotary/Oler , Oi . Division .120/701 2 'n(-"QA.-. / Deputy '(Eff. 7/97) ADDENDUM TO SUBPOENA MIKULA Vs. No. 015879 KLINGER CUSTODIAN OF RECORDS FOR: HANOVER HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: TERA MIKULA ADDRESS: DATE OF BIRTH: 03/14/71 SSAN: 161686026 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - -- - --- -- ----------------- - --- --- - ---- RECORD CUSTODIAN . COMPLETE AND RETURN [ ] RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Author~zed s~gnature for HANOVER HOSP Date CUMBERLAND M284017-01 *** SIGN AND RETURN THIS PAGE *** cnM)NWEALTH OF pmNSYLVANIA 0XJNl'Y' OF a.JMBEmJ\ND MIKULA Vs, Fi Ie No. 015879 KLINGER SUBPOENA TO PROOUCE DOCl..t1ENTS OR l1-i I NGS FOR 0 I srovERY PURSUANT TO RULE 4009.22 COMMUNITY GEN OSTEO HOSP, 43,00 LONDONDERRY #3000, HARRISBURG PA 17109 TO: ATTN:' MEDICAL RECORDS DEPT (Nsne of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent.. or things: SEE ATl'Al;.H.KD ADDENln.lM at MEDICAL LEGAL REPRODUCTION~Ad~)4940 DISSTON ST" PElLA" PA You may deliver or mail legible copies of the cIocunents or produce things requested t,\ 'this subpoena, together with the certificate of caTPliance, to the party making thi, request at the address listed above, You have the right to seek in advance the reasohable cost cf preoaring the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoena within t""enty (20) days after its serv~ce, the party serving thi,-; !;ubpoena may seek a court orde,' cx:rrpelling you to caTPly with it, TH I S SUBPOENA WAS NAI'E : ADDRESS : ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: THOMAS B SPONAUGLE, ESQ 118 D NORTHERN WAY YORK, PA ~/4u2 TELEPI-IONE: Slf'REI-E CI.:lUlT I D# ATTORNEY FOR: 215-335-3212 64584 DEFENDANT BY M284017-02 };,h .:J/.,:} ~01. Sea I of the Court DATE: I Prothonotary/Clerk, . Division ~tJ-" .P. ~-9~"''<<--/ Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA MIKULA Vs, No, 015879 KLINGER CUSTODIAN OF RECORDS FOR: COMMUNITY GEN OSTEO HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: TERA MIKULA ADDRESS: DATE OF BIRTH: 03/14/71 SSAN: 161686026 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - ----------------- ---- - -------- RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Author~zed signature for COMMUNITY GEN OSTEO HOSP Date CUMBERLAND M284017-02 *** SIGN AND RETURN THIS PAGE *** (XMoI)NWEALTH OF pmNSYLVANIA rollNl'Y OF aJMBEmAND MIKULA Vs, Fi Ie No, 015879 KLINGER SUBPOENA TO PROClUCE DOC\.I'ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PINNACLE HEALTH~POLY, 2601 N THIRD ST STE 2, HARRISBURG PA 17110 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent.. or things: SEE A'lTAcflEn AIIDEN))(JM: at MEDICAL LEGAL REPRODOCTION~A~)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested h) this subpoena, together with the certificate of CQTllliance, to the party making thiz request at the address listed above. You have the right to seek in advance the rea-;onabl. cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce, the party serving thh .;ubpoena may seek a court orde,' c:arpe 11 ing you to CQTllly with it. TH I S SUBPOENA WAS NAI'E : ADDRESS: ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: THOMAS B SPONAUGLE, ESQ 110 0 NORTIIElRN WAY YORK, PA 17402 TELEPHONE: SlPREI'E c:x:lUlT (D # ATTORNEY FOR: 215-335-3212 64584 DEFENDANT BY M284017-03 DATE: FP~~ :ll.. .l/Y) A S.ea 1 of the CoUrt . '-- (Eff. 1/97) ADDENDUM TO SUBPOENA MIKULA Vs, No, 015879 KLINGER CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH @ POLY ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION .RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: TERA MIKULA ADDRESS: DATE OF BIRTH: 03/14/71 SSAN: 161686026 CERTU<'lliD PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - -- - -------------------- ------ - --- --- RECORD CUSTODIAN. COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS PATIENT BILLING RECORDS /XRAYS have been destroyed Author~zed s~gnature for PINNACLE HEALTH @ POLY Date CUMBERLAND M284017-03 *** SIGN AND RETURN THIS PAGE *** (XMollNWElU,TH OF p~VANIA 0XJNl'Y OF aJMBmIAND MIKULA VS. File No. 015879 KLINGER SUBPOENA TO PROOUCE DOCl..tENTS OR lli I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST, CAMP HILL PA 17011 TO: /:11"1""' MF.nICAL RECORDS'DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'l or things: SEE A at MEDICAL LBGAL RBPRODUCTION~~d~~)4940 DISSTON ST., PElLA., PA You may deliver or mail legible copies of the documents or produce things requested h, th i s subpoena, together wi th the cert i f icate of carp li ance, to the party mak i ng th i , request at the address listed above. You have the right to seek in advance the reasonabl. cost of preoaring the copies or producing the things sought, I f you fai I to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce. the party serving thh ~,ubpoena may seek a court orde,' c:arpelling you to ca1lJly with it. lli I S SUBPOENA WAS N.AJoE : ADDRESS: ISSUED AT lliE RE<U:ST OF THE FOLLCWING PERSON: THOMAS B SPONAUGLE, ESQ lle S NORTIJElRN WAY YORK, PA 17402 TELF.PI-KlNE: SU"REI'E CXlURT I D # ATTORNEY FOR: 215-33"5-3212 64584 DEFENDANT 8Y Pro tary/Cl, C ivision .a~1 ~2. ~'??~r- Deputy M284017-04 DATE: ):P~L ;2l_ ;;>~~ Sea 1 of the CoLrt ' <- (Eff. 7/97) ADDENDUM TO SUBPOENA MIKULA Vs, No. 015879 KLINGER CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: TERA MIKULA ADDRESS: DATE OF BIRTH: 03/14/71 SSAN: 161686026 ALL FEES MUST BE APPROVED PRIOR TO RECORDS ,BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE A1TACHED R_3ET' : I hereby certify as custodian of records that, to the best 0'- my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS A VA/LABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Authorized s~gnature for HOLY SPIRIT HOSP CUMBERLAND M284017-04 ** * SIGN AND RETURN THIS PAGE ** * (') CO) ('""j ~; ."'.) " ~'t: -0 (I) .~"" ;'1 m r-:r :::::'0 ;;;~,! :1 " '~ ~,... ()) ~;~: u c:, -< ~,~~ -.}; r;: I-':'J .." )::;.c-. ~--:: (~<) -'7 _',' ('jrTl ~(, );>e: _.-f ""t::- Z; c- :0 =< ':J -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TlUAL DEMANDED PRAECIPE TO: PROTHONOTARY Please mark the docket in the above-captioned matter settled and satisfied. CALDWELL & KEARNS By: Supreme Court I.D. # ~'11:} 5 Attorney for Plaintiff 3631 N. Front Street Harrisburg, PA 17110 . I (})f 0') f CERTIFICATE OF SERVICE AND NOW, this .jal day O~Po , 2003, I hereby certify that I have served a copy ofthe within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Thomas B. Sponaugle, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Way York, PA 17402 CALDWELL & KEARNS By (J~A-iI1~~ - - o c: :c ""'(')c5 rnp 2:".1'.; zc 'gt}:: :}?;(..-; ~~-- (....) :J?C Z :2 o w lo..._ ~ .... ('1 :"r. - \ I 0" " r-- _..;-1 .~ ~~j :.~(~) . ~.: -T"j d~~, -\ 'J." :.r;! -~ -0 ~ :.n (,.)