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Home My WebLink About01-0135 R. J. MARZELLA & ASSOCIATES, P.c. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court J.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 !,ai:s.imile: (717) 234-6883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE BROOKS 2201 E. Cedar Run Road Camp Hill, PA 17011, Plaintiff v. DOCKET NO. (")1 - J d \' Gt>:l ~ SHERR! R. ALLEMAN 300 Manchester Road Camp Hill, PA 17011 Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD 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 an 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 Lawyer Referral Service 2 Liberty Ave. Carlisle, PA 17013 Telephone (717) 249-3166 A VISO USTED HA SIOO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicand a personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccioned a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede pro ceder sin usted y un fallo por cualquier suma de dinero reclamacion 0 remedio solictado par el demand ante puede ser dictado en contra suya por la Corte, sin mas aviso adicianal. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUENTE OFIClNA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASlSTENClA LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Ave. Carlisle, PA 17013 Telephone (717) 249-3166 R. J. MARZELLA & ASSOCIATES, p,c. BY: Robin]. Marzella, Esquire Pennsylvania Supreme Court I.D, No. 66856 3513 Nortb Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (7171 234-6883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE BROOKS 2201 E. Cedar Run Road Camp Hill, PA 17011, Plaintiff v, DOCKET NO. eJJ.I3.5~ {];;,-t /~ SHERRJ R. ALLEMAN 300 Manchester Road Camp Hill, PA 17011 Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, DanieIle Brooks, is an adult individual, who at all relevant times hereto resided at 2201 E. Cedar Run Road, Camp Hill, Cumberland County, Pennsylvania. 2. - Defendant, Sherri R. Alleman, is an adult individual, who at all relevant times hereto resided at 300 Manchester Road, Camp Hill, Cumberland County, Pennsylvania. 3. On or about January 19,1999 at approximately 7:28 a.m.. Danielle Brooks was traveling eastbound on Lowther Street. 4. Ultimately, Ms. Brooks brought her vehicle to a stop in the left-hand lane at the northbound ramp for Route 83. 5. While waiting to enter the northbound ramp of Route 83, Ms. Brooks' vehicle was struck violently on the passenger side by a vehicle driven by Sherri Alleman. 6. At the time of the accident, Ms. Brooks had her minor daughter, Brooke Smith in the car. 7. Due to the severity of the impact both Ms. Brooks and her daughter required treatment at Harrisburg Hospital. 8. Fortunately, Brooke Smith was treated and released. 9. As for Ms. Brooks, she required more extensive treatment due to the severity of her injuries. 10. The accident which occurred on January 19, 1999 was due to the negligence and carelessness ofthe Defendant, Sherri Alleman in that she struck Plaintiff's vehicle in the passenger side causing Plaintiff to sustain injuries and damages as set forth below. 11. As a result ofthe negligence of the above-named Defendant, Plaintiff has suffered the injuries and damages as detailed herein. 12. As a direct and proximate result of the Defendant's negligence, Ms. Brooks has suffered permanent and severe injuries and a claim is made therefore. 13. As a direct and proximate result of the negligence of the named Defendant, Plaintiff, Ms. Brooks has been and will continue to be forced to incur 2 liability for medical treatment, medicines, hospitalizations and similar miscellaneous expenses throughout her adult lifetime and a claim is made therefore. 14. As a direct and proximate result of the Defendant's negligence as alleged herein and incorporated by reference, Plaintiff, Ms. Brooks has undergone and in the future will undergo great mental and physical pain and suffering, great inconvenience in carrying out her daily activities, a loss of life's pleasures and enjoyment and a claim is made therefore. 15. As a direct and proximate result ofthe Defendant's negligence as alleged herein and incorporated by reference, Plaintiff, Ms. Brooks has been and in the future will be subject to great humiliation, disfigurement and embarrassment and a claim is made therefore. 16. As a direct and proximate result ofthe Defendant's negligence as alleged herein and incorporated by reference, Plaintiff, Ms. Brooks has in the past and will in the future sustain a loss of earnings, a permanent impairment of her earning power and earning capacity and a claim is made therefore. 17. As a direct and proximate result ofthe Defendant's negligence as alleged herein and incorporated by reference, Plaintiff, Ms. Brooks has been advised and therefore avers that the damages and injuries as alleged herein are permanent and a claim is made therefore. 18. As a direct and proximate result ofthe negligence of the Defendant as alleged herein and incorporated by reference, the vehicle driven by Defendant collided with Ms. Brooks' vehicle causing her to sustain severe, extensive and permanent personal injuries including but not limited to injuries to her neck, back, upper 3 extremities, head, and numerous other areas of injury and pain requiring medical treatment and therapy in the past and which may require medical treatment and therapy in the future and a claim is made therefore. COUNT I DanieIle Brooks v. Sherri Alleman 19. The allegations contained in paragraphs 1 through 18 of Plaintiff's Complaint are incorporated herein by reference as if set forth at length. 20. Regarding the accident which is the subject matter of this Complaint, Defendant was negligent, careless and reckless in the operation of a motor vehicle in the following particulars: (a) operating his vehicle in violation of the ordinances of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles, including reckless driving, which constitutes negligence as a matter oflaw; (b) failing to have the vehicle under proper and adequate control in order to ,stop or avoid striking Ms. Brooks' vehicle; (c) failing to keep an appropriate lookout to avoid striking Ms. Brooks' vehicle; (d) failing to maneuver her vehicle appropriately in order to avoid striking Ms. Brooks' vehicle; (e) operating the vehicle without due regard for the rights, safety, well being, and position of Ms. Brooks under the circumstances; 4 (f) operating her vehicle at an excessive rate of speed under the circumstances; (g) failing to lawfully stop at a stop sign/traffic control device; (h) improperly, inappropriately andJor illegally turning in front of the Plaintiff's vehicle; (i) failing to yield the right of way to oncoming traffic; and, OJ failing to appropriately judge the time and distance available to safely pass Plaintiff. 21. Defendant Alleman is liable to the Plaintiff for the injuries and damages as alleged herein and as set forth in paragraphs 12 through 18 above which are incorporated herein by reference as if set forth at length. . WHEREFORE, Plaintiff, Danielle Brooks demands judgment against Defendant, Sherri Alleman in an amount in excess of $25,000.00, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, R.J. Marzella & Associates, P.c. ~ Bt" Chadt:,~ Marsar,jr., Es . Supreme Court 1.0. No. 86072 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Attorneys for Plaintiff, Danielle Brooks Dated: December 27,2000 5 < . VERIFICATION !, Danielle Brooks, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. ! understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. g 4904 relating to unsworn falsification to authorities. ~d~ Danielle Brooks I ' Dated: 12.../20100 J , '" , . CERTIFICATE OF SERVICE I, Charles W. Marsar, Jr., hereby certifY that true and correct copies of the foregoing Complaint was served upon all counsel ofrecord this 5tb day oflanuarv. 2001, by mailing said document via United States Postal Service to Cumberland County Courthouse, Office of the Cumberland County Prothonotary located at One Courthouse Square, Carlisle. Pennsylvania, 17013 for service, via hand delivery by the Sheriff of Cumberland County, upon the Defendant at her residential address listed below: Sherri R. Alleman 300 Manchester Road Camp Hill, PA 17011 R.J. Marzella & Associates, P.c. B~' Charle W. Marsar, . SHERIFF'S RETURN - REGULAR CASE NO: 2001-00135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROOKS DANIELLE VS ALLEMAN SHERR I R SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ALLEMAN SHERR I R the DEFENDANT , at 0019:20 HOURS, on the 11th day of January 2001 at 300 ~lliNCHESTER RD CAMP HILL, PA 17011 BRAD ALLEMAN (HUSBAND) by handing to a true and attested copy of COMPLAINT & NOTICE together with IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 10.00 .00 36.68 So Answers: r-~~e R. Thomas Kline 01/16/2001 R. J. MARZEL Sworn and Subscribed to before By: a:.- me this ,2, 'I - day of ~U4'.1 ~I A.D. ~-<-- C2 /J1./IlPw' f.t[ r thonotary , o! ;:. " '}"1 '" ~ t Jefferson J. Shipman, Esquire I. D. #51785 GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant P.C. DANIELLE BROOKS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Vo CIVIL ACTION - LAW SHERRI R. ALLEMAN, Defendant No. 01-135 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jefferson Jo Shipman, Esquire, of Goldberg, Katzman & Shipman, PoCo, as counsel on behalf of Defendant, Sherri R. Alleman. GOLDBERG, KATZMAN & SHIPMAN, P.C. . Date: ~lllo/ 58320.1 son J. Shipma D. #: 51785 3 0 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on ~~;lGI Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. ~ on J. Ship 1. #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant ,~ ,"'.r-- ...'-.... 1~ >-- Cl >- 9.E co ~- 7' LUtZ N ~~ ,-1-", ~.~ C~..):? w... -;: C)::::': 1 "-.'_" ,:....,; ?~6; r-_~_: ::JZ ~3-~-- I )-C"':::'" C3~ ti..JW '.~~ --~. I..W t.1Jc... l--~-- k.... "".3; " 5 C. <::> <.;J ,. ~t : ./i.i Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZViliN & SHIPMAN, 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant P.Co DANIELLE BROOKS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW SHERRI R. ALLEMAN, Defendant No. 01-135 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and her Attorney, Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 YOU ARE HEREBY notified to plead to the within New Matter of Defendant, Sherri R. Alleman, within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: .\.,\01 58332.1 J f erson J. Shipman, A torney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant . .. ~. . .. Jefferson J.Shipman, Esquire LD. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant. P.C. DANIELLE BROOKS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW SHERRI R. ALLEMAN, Defendant No. 01-135 CIVIL TERM JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT , SHERRI R. ALLEMAN AND NOW, comes the Defendant, Sherri R. Alleman, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter in response to Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No.3 and the same are, therefore, denied and strict proof demanded at the time of trial. " )' " 4. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 4 and the same are, therefore, denied and strict proof demanded at the time of trial. 5. Admitted in part, denied in part. It is admitted only that there was a collision between the vehicle operated by Plaintiff and the vehicle operated by Defendant. The remaining averments of Paragraph No. 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 6. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 6 and the same are, therefore, denied. 7. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No.7 and the same are, therefore, denied and strict proof demanded at the time of trial. 8. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief 2 . .. lb as to the truth of the averments contained in Paragraph No. 8 and the same are, therefore, denied. 9. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 9 and the same are, therefore, denied. 10. Admitted in part, denied in part. It is admitted only that there was an impact between the vehicle operated by Defendant and the vehicle operated by Plaintiff. The remaining averments of Paragraph No. 10 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 11. Denied. The averments contained in Paragraph No. 11 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 11 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. 3 t. ~ 12. Denied. The averments contained in Paragraph No. 12 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. AfteI reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 12 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. 13. Denied. The averments contained in Paragraph No. 13 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 13 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. 14. Denied. The averments contained in Paragraph No. 14 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or 4 . . " information to form a belief as to the truth of the remaining averments contained in Paragraph No. 14 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. 15. Denied. The averments contained in Paragraph No. 15 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 15 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. 16. Denied. The averments contained in Paragraph No. 16 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 16 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. 5 ~ ~ - 17. Denied. The averments contained in Paragraph No. 17 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 17 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. 18. Denied. The averments contained in Paragraph No. 18 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 18 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. COUNT I DANIELLE BROOKS v. SHERRI ALLEMAN 19. The answering Defendant incorporates herein by reference her answers to Paragraph Nos. 1 through 18 above as though fully set forth herein at length. 6 , 20. Denied. The averments contained in Paragraph No. 20, Subparagraphs (a) through (j), are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that the Defendant operated her vehicle in violation of the ordinances of the Commonwealth of Pennsylvania, pertaining to the operation of motor vehicles, including reckless driving, which allegedly constitutes negligence as a matter of law; (b) Denied. It is specifically denied that the Defendant failed to have her vehicle under proper and adequate control in order to stop or avoid striking the Brooks vehicle; (c) Denied. It is specifically denied that the Defendant failed to keep an appropriate lookout to avoid striking the Brooks vehicle; (d) Denied. It is specifically denied that the Defendant failed to maneuver her vehicle appropriately in order to avoid striking the Brooks vehicle; (e) Denied. It is specifically denied that the Defendant operated her vehicle without due regard for 7 ~ l the right, safety, well being and position of Ms. Brooks under the circumstances; Denied. It is specifically denied that the Defendant operated her vehicle at an excessive rate of speed under the circumstances; Denied. It is specifically denied that the Defendant failed to lawfully stop at a stop sign/traffic control device; (h) Denied. It is specifically denied that the Defendant improperly, inappropriately and/or illegally (f) (g) turned in front of the Plaintiff's vehicle; Denied. It is specifically denied that the Defendant failed to yield the right-of-way to oncoming traffic; and (j) Denied. It is specifically denied that the Defendant failed to appropriately judge the time and distance available to safely pass Plaintiff. (i) 21. Denied. The averments contained in Paragraph No. 21 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, the Defendant incorporates herein by reference her answers to 8 ~ ~. . Paragraph Nos. 1 through 18 above as though fully set forth herein at length. WHEREFORE, the Defendant, Sherri R. Alleman, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of further answer and reply, Defendant interposes the following New Matter defenses: 22. That the Plaintiff's Complaint fails to state a cause of action upon which relief can be granted.. 23. That the Plaintiff's claims may be barred by the applicable Statute of Limitations. 24. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et seq. 25. That Plaintiff's claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. ~1705, et seq. 26. That the accident and any injuries allegedly sustained by Plaintiff may have been caused in whole or in part by the negligence of third persons not presently involved in this action. 9 $' . 27, That if it should be found that there was any negligence on the part of Defendant, Sherri Alleman, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 28. That if the Plaintiff suffered the injuries alleged in her Complaint, those injuries were caused in whole or in part by the negligence of Plaintiff, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Statute, 42 Pa. C.S.A. ~7l02, et seq., and by the Doctrine of Comparative Negligence. 29. That the Plaintiff may have assumed the risk of the injuries allegedly sustained by her by reason of her own negligence and carelessness. 30. That the accident and any resulting injuries were caused in whole or in part by an intervening, superseding cause. 31. That the accident and any resulting injuries were caused in whole or in part by a sudden emergency. 32. That the accident and any resulting injuries may have been unavoidable due to poor weather conditions. 10 T .- , WHEREFORE, the Defendant, Sherri R. Alleman, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. ff rson J. Shipm n, A torney I.D. #51785 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date:~'q/o' 58332.1 11 ~ 1 ~ . VERIFICATION I, Sherri R. Alleman, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document and that 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. Da te: .:2-/ slol PI /) r-/l I1IJ ^ .AAn~ 1\(', I'K_X.ern:vU Sherri R. Alleman .. T ^ . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. n J. Shipma , Esquire . #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant <,,', ~7 ~ co ~ "'", L,"; ;-~ ,-' M :::> ",; U,l ~. r;:2 ;:d z ~' 3 }-,..: ~ Sl c; "~ C,J -,,- '"r) c. 7 U..; Z [.-. ~- t!':: :.i{ ~r F: , u_ ::-3 c;; a <.;J "' f v R.j. MARZELlA & ASSOCIATES, P.c. BY: Charles W, Marsar, Jr., Esquire Pennsylvania Supreme Court 1.0. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile.: 1717\ 234-6883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNILACTJON - LAW DANIELLE BROOKS 2201 E. Cedar Run Road Camp Hill, PA 17011, Plaintiff v. DOCKET NO. 01-135 Civil Term SHERR! R. ALLEMAN 300 Manchester Road Camp Hill, PA 17011 Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS NEW MAlTER 22. The allegation herein states a conclusion oflaw to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 23. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the Plaintiffs claims may be barred by the applicable Statute of Limitations. I . 24. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.SA g1701, et seq. 25. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the Plaintiff's claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.SA g1705, et seq. 26. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the accident and any injuries allegedly sustained by Plaintiff may have been caused in whole or in part by the negligence ofthird parties not presently involved in this action. 27. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, if it should be found that there was any negligence on the part of Defendant, Sherri Alleman, any such negligence was not a proximate cause of any damages to the Plaintiff. 28. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the injuries alleged in the Plaintiff's Complaint were caused in whole or in part by the negligence of Plaintiff, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Statute, 42 Pa. C.SA g71 02, et seq., and by the Doctrine of Comparative Negligence. 2 29. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that. the Plaintiff may have assumed the risk ofthe injuries allegedly sustained by reason of her own negligence or carelessness. 30. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required. it is specifically denied that, the accident and any resulting injuries were caused in whole or in part by an intervening. superseding cause. 31. The allegation herein states a conclusion oflaw to which no response is necessary. To the extent that a response may be required. it is specifically denied that. the accident and any resulting injuries were caused in whole or in part by a sudden emergency. 32. The allegation herein states a conclusion oflaw to which no response is necessary. To the extent that a response may be required, it is specifically denied that. the accident and any resulting injuries may have been unavoidable due to poor weather conditions. WHEREFORE, Plaintiff, Danielle Brooks. respectfully requests that the New Matter of Defendant Sherri R. Alleman be dismissed and this Honorable Court enter judgment in Plaintiffs favor. :; Respectfully submitted, R. J. Marzella & Associates, P.c. By~IJIj~, ar es . Marsar,jr., squi Supreme Court l.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Attorneys for Plaintiff, Danielle Brooks Dated: ~,2001 '" CERTIFICATE OF SERVICE I, Meredith A. Marzella, HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs Reply to Defendant's New Matter was served on all counsel of reooroilii, I ~d""of (4~, . ZOOt by d,p'."o, said copy in the United States Mai::: Harrisburg, n~SY1Vania, postage pre-paid. First- Class delivery, addressed as follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 R. J. Marzella & Associates, p,c. By: [M \)Aiel LfAJ l~ (i\Qfu.I~ 0 iL...../ Mere2tlth A. Marzella 8 \ ~ >- ,.... ?= S1? '" :z ~ ~~ r~o (<1 tJJ--- !~)'!C7 ~g;." Co- (.J~~ :::)":..1 ~":'...>- C) ~~') '~:J ~~ U~ ,- -Z ~:-... Lt_" = tbill '-'- " l<..J ::Uo... i=": L.l-- ~ t~ -~ 0 <:::> <.;J " ( CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS TERM, -VS- CASE NO: 01-135 CIVIL SHERRI R. ALLEMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party 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 certificate7 (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 DE12-213054 SSg 4,8 - L 0 ~ ~ '~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS CIVIL TERM, -VS- CASE NO: 01-135 SHERRI R. ALLEMAN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: CHARLES W. MARSAR, JR. ESQUIRE MCS on behalf of J~~~~SON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is inilde, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/01/2001 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - BROOKS Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (21.5) 246-0900 DE02-l49053 SS948-COl >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENT MEDICAL MEDICAL ~' PAGE: 1 LOCATION NAME HARRISBURG HOSPITAL BEALTHSOUTB RElIABILITATION HSP BEALTHSOUTB RElIAB ORTHOPEDIC SURG. OF CENTRAL PA GOUSE HEALTH SERVICES HENSANA CLINIC N. AMERICA TELECOMMUNICATIONS HARRISBURG FAMILY PRACTICE cn MCCUEN Ii ASSOCIATES. PT DE02-149053 .5 5 '9 4- 8 - C. O:l.. w 3513 NORTH FRONT STREET, l-'.ARRISBURG, PENNSYLVANIA 17110 717,234,7628 888,838,3426 717,234,6883 FAX . ,~ELLA .... '::>CLATES , Counselors At Law >, JeffersonJ. Shipman, Esquire Goldberg, Katzman & Shipman, P.e. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 M"rn~v Re: Brooks v. Alleman Cumberland County c.c.P. No. )k Dear Jeff: \ \ I am in receipt of your Notice of Intent to Serve Subpo~nas on the following: , '" Harrisburg Hospital HealthSouth Rehabilitation HSP HealthSouth Rehab Orthopedi<; Surg. Of Central PA Gouse Health Services Mensana Clinic N. American Telecommunications McCuen & Associates, PT In an effort to expedite this process. I hereby waive the twenty day (20) objection period. By copy of this correspondence. !vies may begin complying these records. Upon your receipt of these records, kindly provide me with a copy of Ms. Brooks' employment records from N. American Telecommunications. Very truly yours, R.j. Marzella & Assodates, P.e. ~ B." Charles . Marsa : Jr. CC : The MCS Group Inc. . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA..'m DANIELLE BROOKS VS SHERRI R. ALLEMAN FileNo. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUMTh"TS OR THI~GS FOR DISCOVERY PURSUA..1'\o"T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL (Nam~ of P~l"!ion or Entity) Within rwe:::y (10) days wer sen.'ice of this subpoena,. yoo are ordered by the court to produce the following documents or things: ~l:j"R A'T''l'Arl-rRn _ ''''-E MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Addreo.) at You ma~' deih'er or m..illegible copies of the documents or produce things reqaested b,.. this subpoena, together with the certificate of compliance, to the party making this request at the address listed abo\'e. You ha\'e the right to seek, in advance. the :'e25onable cost of preparing the copies or producing the things sought. if you fail to. p:'oduce the documents or things required by this subpoen.a.. ",dtr..m twenty (20) c:.ays after its service. the party seT\'ing this st:.bpoena may seek a court order compelling "'OU to comply 'With r_ THIS SL'"BPOEI',A WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~AME: mFFF.RSON ,T. SHIPMAN. ESOUIRE ADDRESS: PO BX 1268 HARRISBURGM PA 17108 TELEPHO~::: 215-246-0900 SUPREME COlj"RT ID It: AITOR.'>;EY FOR: DEFENDANT BY THE COURT: DATE: '/l1~ d:2&'. c7&:J1 Dqn:ly Seal of the Court (Eff. 7/97) . , EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 171012099 RE: 55948 DANIELLE BROOKS Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: DANIELLE BROOKS 2201 E. CEDER RUN-RD.~ CAMP HILL" PA 17011 Social Security #: 207-54-5862 Date of Birth: 07-26-1971 SUlO-297976 SSg 4- 8 - L O::L " , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS TERM, -VS- CASE NO: 01-135 CIVIL SHERRI R. ALLEMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE ~ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213046 .s.s 948 - L 0:3 , COMM01\lVVEALTH OF PENNSYLVANIA COUNTY OF CUMBERL~"D DANIELLE BROOKS VS SHERRI R. ALLEMAN FileNo. 01-135 CIVIL SUBPOENA TO PRODUCE DOClJMEI'..iS OR THI~GS FOR DISCOVERY PURSUA.."'i TO RULE 4009.21 TO: CUSTODIAN OF RECORDS FOR: HEALTH SOUTH (S.ame of Penon or E..~:ity' \o\"ithin f"',o.'e:::)" (20) days .uter service of this subpoena. YOlJ are ordered by the court to produce the following documents or things: C::F.F A'l''T'Ar.HF.D - MCS GROUP INC., 1601 MARKET ST., 11800,PHILA.,PA 19103 (Addr..s} at You ma~' de&:er or m.iI legible copies of the documents or produce things req'tle-$ted by this subpoena.. together with the certificate r:r: campHane-e. to the party making this request at the add.ress listed ~bove. You h.ill'\"e the right to seek.. in ad\"ance. the ~asonable cost of preparing the copies or producing the things sought. lf you b..iI tc ?,=,oduce the documents or things required by this subpoer..a.. ,...;t!-..in twenty (20) ca~'5 after its ser.'ice. the party serving this st:.:,poena "may seek a court order compelling ,..ou to comply with r-_ THIS SCBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: SAJI-lE: TF'FFI':'RSON J. SHiPMAN. ESQUIRE ADDRESS: PO BX 1268 HARRISBURGM FA : -:-:: TELEPHO~= 215-246-0900 SUPREME COliRT ID It: ATTOR.'\EY FOR: DEFENDANT BY THE COURT: DATE: P1PA'L ,;:;~ o'7Q:$ / PrathDno ~ Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHABILITATION HSP OF MECHANICSBURG 175 LANCASTER BLVD MECHANICSBURG, PA17055 RE: 55948 DANIELLE BROOKS Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: DANIELLE BROOKS .'~ 2201 E. CEDER RUN RD." CAMP HILL" PA 17011 Social Security #: 207.54-5862 Date of Birth: 07-26-1971 SUIO-297978 .s.s 9 <4 8 - L 0:3 . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS TERM, -VS- CASE NO:' 01-135 CIVIL SHERRI R, ALLEMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of '~- JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213047 SS948-L04 COMMONY\TEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA..."D DANIELLE BROOKS VS SHERRI R. ALLEMAN File :>;0. 01-135 CIVIL SUBPOENA TO PRODUCE DOClJ'MTh"TS OR THI~GS FOR DISCOVERY PURSUA.I\,"T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHABILITATION OF MECHANICSBURG (Soim~ of PI!':"3on or S"tity) Within t"\ol,oe:o:::-" (~) days after sen.'jce of this subpoena. you are ordered by th~ court to produC'e' the following documents or things: C:l=O~ ~1''i'A.r'H'Fn at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 {Addre3s) You may deih"er or mail legible copies of the documents or produce things rec;:ae5red by this subp~na. together with the certificate a: compliance. to the party making this request at the adciress listed .above. 'You h.ill,\'e the right to seek. in advance. the ~.uonable cost or preparing the copies or producing the things sought. If you fa.il to ?=,oduce the documents or things reliuired by this subpoena.. ",,;t..:"...in twenty (20) ca:..s aiter its ser\'ice. the parry sen'ing :his st:bpoena may seek a court order compelling you to comply 'With it.. THIS SLllPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: :>;AME: TF.FFRRSON 1. SHTPMAN. ESOUIRE ADDRESS: PO BX 1268 HARRISBURGM PA 17108 TELEPHO:\E: 215-246-0900 SUPRE1..fE COL'"RT ID #: AITORXEY FOR: DEFENDANT BY THE COURT: DATE: 7t1/k,,~ df?, c/a?/ ~?Uty Seal of the Court (Eff, 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUlli REHAB 920 CENTURY DRIVE MECHANICSBURG, PA 17055 RE: 55948 DANIELLE BROOKS 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: DANIELLE BROOKS ,~.. 2201 E. CEDER RUN RD." CAMP HILL" PA 17011 Social Security #: 207-54-5862 Date of Birth: 07-26-1971 SUI0-297980 .s.s 9 48 - L 0 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS TERM, -VS- CASE NO: 01-135 CIVIL SHERRI R. ALLEMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of " JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of _intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, i~cluding the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT , DE12-213048SS948-LOS COMMONWEALTH OF PENNSYI. VANIA COUNTY OF CUMB ERL........ ":0 DANIELLE BROOKS VS SHERRI R. ALLEMAN File :-io. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUMTh"TS OR THI~GS FOR DISCOVERY PURSUA.1\,"T TO RULE 4009.21 TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC SURGEONS OF CENTRAL PA (S~~ of Pe-non ot' E:1tity, "",Oithin ~'e~' (20) days after service of this subpoena. you ue ordered by the court to produce the following documents or things: <:~,. A'T'"'T'ArHFO '. ..... MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Adc!res.) at You may deinoer or mail legible copies of the documents or produce things ~'Qested by this subpoena. together with the certificate at compliance. to the pari'y making this request at the ad~ listed .above. You ha,'e the right to seek, in advance. the :e.zsonable cost of preparing the copies or producing the things sought. If you fail tc ?,=,oduce the documents or things required by this sub~~ ",,"it:-..in twenty (20) cays aiter its service. the part')' serving this 5:.:.bpoena may seek a court order compelling you to comply ~th i.... THIS SL"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: :-i.~~~ TRRRRRsnN T SHTPMAN. ESOUIRE ADDRESS: PO BX 1268 HARRISBURGM PA 17108 TELEPHO:-i:=: 215-246-0900 SUPRE.!I.1E COl..iRT ID it: ATIOR....EY FOR: DEFENDANT BY THE COURT: DATE: ':>>1&,-;A! ,,;;z9, ola7/ De!"")' Seal of the Court (Eft 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC SURG. OF CENTRAL PA 99 NOVEMBER DRIVE CAMP HILL, PA 17011 RE: 55948 DANlELLE BROOKS 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: DANIELLE BROOKS_ ,~ 2201 E. CEDER RUN RD." CAMP HILL" PA 17011 Social Security #: 207-54-5862 Date of Birth: 07-26-1971 SU10-297982 .5.594B-L0.5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS TERM, -VS- CASE NO: 01-135 CIVIL SHERRI R. ALLEMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ~. JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213049 55948-L06 COMMONVVEAL TH OF PENNSYLVANIA COUNTY OF CUMBERL\_'iD DANlELLE BROOKS VS SHERRI R. ALLEMAN File :-':0. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUMD.1S OR THI:s'GS FOR DISCOVERY PURSUA..l\,i TO RULE 4009.21 TO: CUSTODIAN OF RECORDS FOR: GOUSE HEALTH SERVICES (N.am~ of Pel":!lon or E..-:tity) Wi:hin t"W'e::::- (20) days after service of this subpoena, you are ordered by the C'Ot.ut to produce th~ following documents or things: ~F.F A'T''l'Ar.HFn MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Adcir"s) 0' You may dein"er or mail legible copies or the documents or produce thing5 l"e'q'Uested by this subpoena. together with the certificat~ a: compliance, to the party making this request at the ad~ listC!d .-bol'e. "tau h.a....e the right to seek. in ad\"arlce. the :-ezsonable cost of ?reparing the copies Of producing th.e things sought. If you fa.iI to ?,=,oduce the documents or things required by this subpoe~ 1o\.-lt:-..in twenty PO) C3~'S aiter its sen."ice. the party serving this 5t:.opoena may see:k a court order compelling you to comply 'With I"'.... THIS ST..,BPOE."1A WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: :->......\1E: TKI'l'F.RSON.r. SHTPMAN. ESOUIRE ADDRESS: PO BX 1268 HARRISBURGM FA 17108 TELEPHOXE: 215-246-0900 SUPREME COT.JRT ID II: AITOR-"EY FOR: DEFENDANT BY THE COURT: DATE: ~/t{d d:l'/? ~/ De?uty Seal of the Court (Eff. 7/97) EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GODSE HEALTH SERVICES 427 N. ENDA ROAD STE.H LOWER LEVEL ENOLA, PA 17025 RE: 55948 DANIELLE BROOKS 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: DANIELLE BROOKS 2201 E. CEDER RUN RD." CAMP HILL" PA 17011 Social Security #: 207-54-5862 Date of Birth: 07-26-1971 SUIO-297984 5594B-L06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA pURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS TERM, -VS- CASE NO: 01-135 CIVIL SHERRI R. ALLEMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of '" JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213050 55948 -LO 7 COMMON'WEALTH OF PENNSYLVANIA COUNT"( OF CUMBERL-\...'-'D DANIELLE BROOKS VS SHERRI R. ALLEMAN File :>:0. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUME-.-rS OR THINGS FOR DISCOVERY PURSUA..~-r TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: MENSANA CLINIC (S'~e of Penon or E::::i:y) Within rwe::::-- (20) d.ays .after service ot this subpoen.il. you are ordered by the court to produce the foHowing documents or things: ~'P1=' A'l''1'Ar.H1='n at -- MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 I.~d......) You m.a)-" deih;er or m.a.U legible copies of the documents or produce th.i.np: req'Ce5ted by this su bpoena. together with the certificate of compliance. to the parry making this request at the ..d~ listed abo'\'e. You have the right to seek, in adv.ince. the :easonable cost of preparing the copies or producing the th.i.np: sought. 1I ~'ou fi.iI tc.~oduce the documents or things required by this subpoen.a.. ~iti-..in twenty (10) c.ays aiter its se~'iC'l!'. the pany serving this $':.::,poena moil}' s~k. oil court order compelling you to comply with r_ THIS SLl>POENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: :\AME: nTF"!<:RSON T. SHUMAN. ESOUIRE ADDRESS: PO EX 1268 HARRISEURGM PA 17108 TELEPHO:\E: 215-246-0900 St.;PR8.fE COt.mT lD It: ATTOR.~E"" FOR: DEFENDANT BY THE COURT: DATE: Wat.uf 07P. dt!7C'/ ProthanoW'y/Oerit.. Cwil Division De;nsJY Seal of the Court (Eff.7.197'1 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MENSANA CLINIC 1718 GREENSPRING VALLEY STEVENSON, MD 21153 RE: 55948 DANIELLE BROOKS 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: DANIELLE BROOKS 2201 E. CEDER RUN'RD.;; CAMP HILL" PA 17011 Social Security #: 207.54-5862 Date of Birth: 07-26-1971 5UIO-297986 55948 -LO 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS TERM, -VS- CASE NO: 01-135 CIVIL SHERRI R. ALLEMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ~< JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party 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) The parties have waived the twenty-day notice provided in Rules A009.21 and 4009.22 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: 04/01/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213051 5594B-LOB COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA..'-'D DANIELLE BROOKS VS SHERRI R. ALLEMAN FileNo. 01-135 CIVIL SUBPOE..~A TO PRODUCE DOCUMTh"TS OR THI:s'GS FOR DISCOVERY PURSUA..1\;"T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: NORTH AMERICA TELECOMMUNICATIONS CORPORATION (Same- of Pr.,on or E::1:iry) \-\'i:hin rwe:'r!" (10) days after sen.'ice of this subpoena, you are order~ by the court to produce the following documents or things: ~F.'F A'l''l'Ar.HF.n '~ at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Add=os) You. may deih'er or mail legible copies of the documents or produce things re<;u1!5ted b!' this subp~na. together with the certificate a: compliance, to the party making this request at the address listed above. You have the right to seek,. in advaIlce, the ~zsonable cost of preparing the copies or producing the things sought. If YOtJ fa.iJ to ?=,oduc:e the documents or things required by,this subpoena. Mt:--..in twenty (20) days aiter its sen'ic:e. the party sen"ing this s:.:.:,poena may seek oil court order compelling you to comply with r-_ THIS SL"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~AME: TRFFRRSO>! T, SHTl'MAN. ESCUTRE ADDRESS: PO BX 1268 HARRISBURGM PA 17108 TELEPHO~E: 215-246-0900 SUPRE.'-fE COli"RT ID II: A TIORXEY FOR: DEFENDANT BY THE COURT: DATE: 7?1aw~ d'g' d7LJ;:7/ Deputy Seal of the Court (Eft. 7! 97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: N. AMERICA TELECOMMUNICATIONS 326 MARKET ST., LEMOYNE" PA 17043 RE: 55948 DANIELLE BROOKS Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: DANIELLE BROOKS .-..- 2201 E. CEDER RUN RD." CAMP HILL" PA 17011 Social Security #: 207-54-5862 Date of Birth: 07-26-1971 5UIO-Z97988 5594B -LOB ,~ . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS TERM, -VS- CASE NO: 01-135 CIVIL SHERRI R. ALLEMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ',"" JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to se~ve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEIZ-Z130SZ 5594B-L09 , ,- , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL-'\.."D DANIELLE BROOKS VS SHERRI R. ALLEMAN File~o. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUMThIS OR THI~GS FOR DISCOVERY PURSUA..JO..oITO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HARRISBURG FAMILY PRACTICE CENTER {!S'~mr of Per'5on or E..~::ity) "'"ithin t'l\ooe::::" (20) days after sen.-ice of this subpoena, you are ordered by the court to produce the following documents or things: ~~l<' A'T'1'Ar:l1'Rn "- at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Ac!ar...j You may deih"er or mail legible copies of the documents or produce things ~'Uested by this subpoena. together with the certificate ai C'ompliance.. to the piU"ty making this request at the address listed above. 'You ha....e thl!' right to seek. in advance. the ~.iSonable cost of preparing the copies or produc:ing the things sought. If you f.a.iI to ?,=,oduce the documents or things required by this subpoe~ \llI.'ithin twenty (20) cays after its sen.-ice, the party sl!n'ing this st.::,poena may seek a court order compelling you to comply with r_ THIS SL"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~AJ"IE: TKPJi'l'RSON ,T, SHTl'MAN. ESOUIRE ADDRESS: PO EX 1268 HARRISEURGM PA 17108 TELEPHO~= 215-246-0900 SUPRE.>.iE COliRT ID #: ATTORSE.,. FOR: DEFENDANT BY THE COURT: DATE: >?7~ d'? .7<<'2?/ Deputy Seal of the Court (:off, 7/97) . -, , EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG FAMILY PRACTICE CTR 205 S. FRONT ST./4TH FL. BRADY MED. ARTS BLDG HARRISBURG, PA 171058700 RE: 55948 DANIELLE BROOKS 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: DANIELLE BROOKS 2201 E. CEDER RUN RD." CAMP HILL" PA 17011 Social Security #: 207-54-5862 Date of Birth: 07-26-1971 5UI0-297990 55948 -L 0 9 , ~.. . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS TERM, -VS- CASE NO: 01~135 CIVIL SHERRI R. ALLEMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of . "< JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 0410112001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213053 55948-L::LO , ~ " COMMONvVEAL TH OF PENNSYLVANIA COUNTY OF CUMBERL~"D DANIELLE BROOKS VS SHERRI R. ALLEMAN File No. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUMThiS OR TIlL"GS FOR DISCOVERY PURSU&'i TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: MCCUEN Eo ASSOCIATES PHYSICAL THERAPY (S~1t of Prnon or E.."1:ity) \o\"ithin ~'e~ f1O} days after service of this subpoena. you .are orderl!d by the court to produce the following documents or things: <::1<',:;' A'l''l'Ar.H'F.n at r ...,.. MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (....d......) You m.ay dein"ef or mail legible copies or the documents or produce things ~'Dested by this subpoena. together with the certificate of compliance. to the party making this request at the address listed above. You ha\"e the right to 5e~k,. in ad\"ance. the :"ezsonable cost of prepuing the copies or producing the things SQlUght. U you h.il to ?,=,oduce the documents or things required by this subpoena.. ",,"'it..lo...in twenty (20) cia~'s aft!!!! its sen.'jce. the party serdng :his st:z,poena may s~k 3 court order compeI1ing you to comply with r_ THIS SLllPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: :\A1101E: ll::FFFRSON ,T. SHTPMAN. ESOUIRE ADDRESS: PO BX 1268 HARRISBURGM PA 17108 TELEPHO:\E: 215-246-0900 SUPRE.'-1E COliRT ID It: ATIOR.'\F:YFOR: DEFENDANT BY THE COURT: DATE: >rl~ ,;?g'. ~/ Dc?U'Y Seal of the Court (Eff,7/97) . ;; J EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MCCUEN & ASSOCIATES, PT 240 GRANDVIEW AVENUE SUITE 5101 CAMP HILL, PA 17011 RE:55948 DANIELLE BROOKS Any and all records, correspondence, Illes and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and includi~ the present. Subject: DANIELLE BROOKS . 2201 E. CEDER RUN RD." CAMP HILL" PA 17011 Social Security #: 207-54-5862 Date of Birth: 07-26-1971 jo"'" -ts~.}'"< ':'..;'~ SUIO-297992 SS948-Ll0 '- ...., ~~~ "~ '~ ~ -=' C :~ 3i:1 - =::J ::.~ :/~~ , -: ~ '~JT i 3 :.:' ;J DANIELLE BROOKS Plaintiff v. SHERRI R. ALLEMAN, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 01-135 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE PLEASE mark the above-captioned matter settled and discontinued. Da te : 9- Oil 3-d a.... 85061.1 ^, -~~\ ~,!:",-' <', ~-'.. Ch R. J. Marzella & A ciates, PC 3513 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff ~3 E:: -< w~ i~ F-": '-'- o ,,r) f..: z :::l<( 09 C)~ r. .-. ~~6 .-::IZ cr:Z LUW ~_!.1 0... :;;;: :::l <:.:> ::: .e>.. = C"') o_ w <;r. <'"oJ = , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS TERM, -VS- CASE NO: 01-135 CIVIL SHERRI R. ALLEMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies. that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: OS/28/2002 DEll-335474 55948-Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DANIELLE BROOKS TERM, -VS- CASE NO: 01-135 CIVIL SHERRI R. ALLEMAN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARRISBURG FAMILY PRACTICE CTE MEDICAL RECORDS TO: CHARLES W. MARSAR, JR., ESQ. KeS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local KeS office. DATE: 05/07/2002 KeS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-1054 Any questions regarding this matter, contact THE KeS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-186353 5594B-CO:L '. COMMONWEALTH Or PENNSYLVANIA COUNTY OF CUMBERLAND DANIELLE BROOKS VS SHERRI R. ALLEMAN FileNo. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSU ANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: MARRISBURG FAMILY PRACTICE CENTER (N..m~ or Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered ~.Y.the court to produce the following documents or things: SEE ATTACtfJ,;D at MCS GROUP INC.. 1601 MAREKT ST.. //800. PHILA. .PA 19103 (Add....s) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the c~rtificate 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 compeJIing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JEFFERSON J. SHIPMAN. ESQ. ,?O MARK~~ S~.. PO BX 1268 HARRISBURG. PA 17108 TELEPHONE: ?1 'i-?41i-O'lOO SUPREME COURT ID it: ATIORNEY FOR: m::FRNDANT NAME: ADDRESS: DATE: !1';::J_1 ( I ~("')O~ , Seal of the Court (Efl,7/97) , EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG FAMILY PRACTICE CTR 205 S. FRONT ST./4lli FL. BRADY MED. ARTS BLDG HARRISBURG, PA 171058700 RE: 55948 DANIELLE BROOKS INCLUDING RECORDS FROM MARCH 31, 2001 TO PRESENT 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. Su~~t:DANlliLLEBROOKS 2201 E. CEDER RUN RD." CAMP HILL" PA 17011 Social Security #: 207-54-5862 Date of Birth: 07-26-1971 " ,,to- t~-'. "t.1' " SU10-37Z636 55948-Lll >- C,- <' J-" &~;X? ~~S ;-- ,~-'<. -' ~, i-,__ ~-. .. ~ c: ~ IE 7" ::'l iSf~ '-'=:J --~-.;~' ~it ....:;~ (.) " CI ~ -0 ;:",,' -=: PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X for JURY trial at the next term of civil court. for trial without a jury. . CAPTiON OF CASE (entire caption must be stated in full) (check one) Assumpsit DANIELLE BROOKS, Trespass (X) Trespass (Motor Vehicle) (Plaintiff) (other) vs. SHERRI R. ALLEMAN. The trial list will be called on August 13, 2002 , and Trials commence on September 9, 2002 (Defendant) Pretrials will be held on August 21, 2002 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 01-135 Civil Action-Law .19___ Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, Esquire ')...t , , In~r~ii.te trial counsel for other parties if known: Charles "W. Marsar" Jr;, Esquire This case Is ready for trial. Signed: ',1'" .. ,......,., -, ., . .. ,:"~~..'t"" ' " '-'~:.:'f., ~:-:- Print Name: Jefferson J. Shipman, Esquire Date: June 7, 2002 Attorney for: De~endan~,__ 8 0 0 "" ~ L. " -oro --1 Q)rn c:: ~- :::;::0 Z :'?;;,!] ""-C (..0$ <::> -Qr-r-: ~_.. :!Os:' ,<0 0 ~8 3! ;:JST-: - (j-r, >c:: ~ ~o om ~ ::::> ~ <D ~ . ~~~ ts ~ l' ''"' 1 . AUG 2 9 2002 7 Hoffer DANIELLE BROOKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V 01-135 CIVIL TERM SHERRI R, ALLEMAN, Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, August 21, 2002. In this auto accident case, Robin Marzella, Esquire, appears on behalf of trial counsel, Charles W. Marsar, Jr., Esquire, on behalf of the plaintiff, Jefferson J. Shipman, Esquire, represents the defendant. In this automobile accident case defendant skidded-on ice while the plaintiff's car was stopped ahead of defendant and slid into the side of plaintiff's vehicle. Plaintiff claims various strains and sprains resulting from soft tissue injury. Plaintiff will be offering Doctor Douglas Sanderson, orthopedic surgeon, as her medical witness; defendant will be offering the testimony of Doctor Perry Eagle, orthopedic surgeon. While liability is admitted for the crash, causation is seriously contested by the defendant. It is a jury trial estimated to take one to -- J "";\., 01-135 In Re: Page 2 Civil Term 2retrial Conference one and a half days to try with four challenges each. Should the plaintiff have any claim other than for pain and suffering, plaintiff is directed to prepare a verdict slip containing any other claim, together with a prepared charge for the Court sufficient to cover any item other than pain and suffering. The Court directs that this document be submitted to the Court by August 28, 2002. By the Court, ~r,p'J Robin Marzella, Esquire 3513 North Front Street Harrisburg, Pa. 17110 For the plaintiff Jefferson J. Shipman, Esquire P.o. Box 126"?:. Harrisburg~ ,Fa. 17108-1268 For the De~andant prothonotary Court Administrator :mtf F!LED-{)rFICE Oc T' ,,- .."'''TL'~' 'OTH'Y 1 : ;-;;: ;'-..lUI' Jl~t:~t l,'1Jl 0" 'W'?q pH. '). "n c.. Ht,.-,e! ~ "" ~ n "R~ !...." CUM8EMJ,!~) COUNTY PENNSYLVANiA ~?, , r .. . ~ 3513 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110 717,234,7828 888,838,3426 717,234,6883 FAX ARZELLA .L Attorneys &: Counselors At Law August 27. 2002 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: DanielJe Brooks vs. Sheni R. A1lerman Docket No. 01-135 Civil Term To Whom It May Concern: Enclosed herewith for filing, please find the original and one copy each of Plaintiffs Jury Instructions and Verdict Slip in the above-captioned action. Kindly time- stamp the originals and copies and return the copies to our office in the self-addressed, stamped envelope provided for your convenience. Should have any questions, please feel free to contact me. I thank you for your assistance in this matter. Very truly yours, R.J. Marzella & Associates, P.C. By: ZDCI Enclosures ::cw'"' ~ ~~ ::l.w' 1S-2~ ::: 0 ..., ..., .., N ~ go ~ "" " >4' o eo -,,> :::;;~ -~O ?"'n _ ~ 6;' .j::..~;; ;;;; !A " 1""> :r:W;>::ln OJ U1. =- =4 -.l.7-OJ _. W s:::L ~Z:l;a; c 0 ""1 <." '"'1 '"'1 N <:; qq::~. ~a;~ :::1g~~ ~"'''' .......!""tOr- O(tin:-: rc iii" ,..,. ,..,. n> '" ""C o \/ AUG 218 ;r{JUt i R.J. MARZELIA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court 1.0. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: 1717\234-6883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW DANIELLE BROOKS, DOCKET NO. 01-135 Civil Term Plaintiff v. SHERRI R. ALLEMAN, Defendant JURY TRIAL DEMANDED VERDICf SLIP 1. Do you find that the negligence of Defendant Alleman was a substantial factor in bringing about the harm caused to the Plaintiff, Danielle Brooks? YES NO If your answer to Question 1 is "NO" you should not answer any further questions and should return to the courtroom. If your answer to Question 1 is "YES" proceed to question number 2. Plaintiff, Danielle Brooks: 2. Please state the total amount of compensatory damages you award to the Past Pain and Suffering $ Future Pain and Suffering $ Past Embarrassment and Humiliation $ Future Embarrassment and Humiliation $ Past Loss of Enjoyment Of Life's Pleasures $ Future Loss of Enjoyment Of Life's Pleasures $ Future Economic Losses $ Future Loss of Earning Capacity $ Total $ Dated: Foreperson Dated: Respectfully submitted, R.J. Marzella & Associates, P.C. @~f1#o~Vu arles W. Marsar, Jr., Esquire Supreme Court J.D. No. 86072 3513 North Front Street Harrisburg, PA 1711 0 (717) 234-7828 Attorneys for Plaintiff, Danielle Brooks , '. CERTIFICATE OF SERVICE !, Zachary D. Campbell, HEREBY CERTIFY that a true and correct copy of the foregoing document was served on all counsel of record this 27th day of Aulrug 2002 by depositing a copy of same in the United States mail, regular delivery, postage prepaid and addressed as follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 R. J. Marzella & Associates, P.C. ~ By: ch D. Ca pbell .' .. AU~/~02 ~ R.j. MARZEllA & ASSOCIATES, P.C. BY: Charles W. Marsar,jr., Esquire Pennsylvania Supreme Court ID. No. 86072 3513 North Front Street Hanisburg, Pennsylvania 1711 0 Telephone: (717) 234-7828 Facsimile: /7171 234-6883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CMLACTION -LAW DANIELLE BROOKS, DOCKET NO. 01-135 Civil Term Plaintiff v. SHERRI R. ALLEMAN, Defendant JURY TRIAL DEMANDED VERDICT SUP 1. Do you find that the negligence of Defendant Alleman was a substantial factor in bringing about the harm caused to the Plaintiff, Danielle Brooks? YES NO If your answer to Question 1 is "NO" you should not answer any further questions and should return to the courtroom. If your answer to Question 1 is "YES" proceed to question number 2. L .. 2. Please state the total amount of compensatory damages you award to the Plaintiff, Danielle Brooks: Past Pain and Suffering $ Future Pain and Suffering $ Past Embarrassment and Humiliation $ Future Embarrassment and Humiliation $ Past Loss of Enjoyment ,Of Life's Pleasures $ Future Loss of Enjoyment Of Life's Pleasures $ Future Economic Losses $ Future Loss of Earning Capacity S T ota! S Dated: Foreperson ~, \ I I " ~ Dated: ~o Respectfully submitted, R.J. Marzella & Associates. P.C. alJa 1:< /Ja { B: {lilY /41./_, harles w. Marsar, Jr., Esquire Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Attorneys for Plaintiff, Danielle Brooks , . .. CERTIFlCATE OF SERVICE I, Zachary D. Campbell, HEREBY CERTIFY that a true and correct copy of the foregoing document was served on all counsel of record this 27th 'day of AlI\!:l1~ 2002 by depositing a copy of same in the United States mail, regular delivery, postage prepaid and addressed as follows: JeffersonJ. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 R.J. Marzella & Associates, P.C. ~ By: ch D. Ca pbell AUG )tWOl R.J. MARZEUA& ASSOOATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 1711 0 Telephone: (717) 234-7828 Facsimile: /717\ 234-6883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE BROOKS, DOCKET NO. 01-135 Civil Term Plaintiff v. SHERR! R. ALLEMAN, Defendant JURY TRIAL DEMANDED JURY INSTRUcnONS R. J. Marzella & Associates, P.C. .LlAf/,iY/JwL. Charles W. Marsar, Jr., Esquire Supreme Court LD. No. 86072 3513 North Front Street Harrisburg, PA 171 IO (717) 234-7828 Dated: a<gtLJI:) :2 ~cJ ~ Attorneys for Plaintiff, Danielle Brooks 1. Ms. Brooks is entitled to be compensated for any loss or reduction of earnings and/or earning capacity that she has, or will, suffer as a result of the injuries sustained in this accident. In determining this amount you may consider her physical limitations as described by her and Dr. Sanderson; specifically, how these limitations affect her ability to work and maintain employment. In addition, you may also consider Ms. Brooks' testimony regarding her current unemployment as reasons thereof. In determining this amount, you may consider the type of work that Ms. Brooks has done, the type of work which, in view of her physical condition, education, experience, and age, she would have been doing and will be doing in the future, the extent and duration of Ms. Brooks' injuries, together with all other matters reasonably relevant. The amount oflost earnings and earning capacity should be expressed by you in a dollar amount. 6.01C (Civ) oltered . . CERTIFICATE OF SERVICE I, Zachary D. Campbell, HEREBY CERTIFY that a true and correct copy of the foregoing document was served on all counsel of record this 27th day of Aul!:Ug, 2002 by depositing a copy of same in the United States mail, regular delivery, postage prepaid and addressed as follows: JeffersonJ. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street Post Office Box 1268 Harrisburg, PA 17I08-1268 R.J. Marzella & Associates, P.C. ~~ By' . ac ry D. ampbell . ";';," /.\UG 2r82~O'L .. R.j. MARZELlA &ASSOOATES, P.C. BY: Charles W. Marsar,Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: 1717\ 234-6883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE BROOKS, DOCKET NO. 01-135 Civil Term Plaintiff v. SHERRI R. ALLEMAN, Defendant JURY TRIAL DEMANDED JURY INSTRUcnONS R.J. Marzella & Associates, P.C. By(ltft/Y/JwA, Charles W. Marsar, Jr., Esquire Supreme Court LD. No. 86072 3513 North Front Street Harrisburg, PA 1711 0 (717) 234-7828 Dated: ar; 11-/:) :2 ,;9{?o ~ Attorneys for Plaintiff, Danielle Brooks ~ "'- ~---'o. .. 1. Ms. Brooks is entitled to be compensated for any loss or reduction of .earnings and/or earning capacity that she has, or will, suffer as a result of the injuries sustained in this accident. In determining this amount you may consider her physical limitations as described by her and Dr. Sanderson; specifically, how these limitations affect her ability to work and maintain employment. In addition, you may also consider Ms. Brooks' testimony regarding her current unemployment as reasons thereof. In determining this amount, you may consider the type of work that Ms. Brooks has done, the type of work which, in view of her physical condition, education,experience, and age, she would have been doing and will be doing in the future, the extent and duration of Ms. Brooks' injuries, together with all other matters reasonably relevant. The amount oflost earnings and earning capacity should be expressed by you in a dollar amount. 6.01C (Civ) a/t:ered . - . ~ .. CERTIFICATE OF SERVICE I, Zachary D. Campbell, HEREBY CERTIFY that a true and correct copy of the foregoing document was served on all counsel of record this 27th day of AUl!:IIg, 2002 by depositing a copy of same in the United States mail, regular delivery, postage prepaid and addressed as follows: JeffersonJ. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 R. J. Marzella & Associates, P.c. ~~ By' . ac ry D. amp bell Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant poco DANIELLE BROOKS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SHERRI R. ALLEMAN, Defendant No. 01-135 CIVIL TERM JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF THE DEFENDANT SHERRI R. ALLEMAN 1. statement of the basic facts as to liabilitv. The case arises out of an accident which occurred on Tuesday, January 19, 1999, on Louther Street in Lemoyne, Cumberland County, Pennsylvania. The Plaintiff, Danielle Brooks, was stopped in the left lane of Louther Street, preparing to make a lefthand turn to enter Route 83 north. The Defendant, Sherri Alleman, was in the right lane, traveling at approximately 30 mph. There was a vehicle in front of Ms. Alleman which applied its brakes. Unknown to Ms. Alleman there was black ice on the road surface and when she applied her brakes her car slid on the ice and the left front corner of her vehicle came into contact with the passenger side of the Brooks vehicle. Ms. Brooks remained conscious and was able to get out of her vehicle on her own. 2. A statBment of the basic facts as to damaaes. Ms. Brooks then called her mother, who came to the accident scene and took her to the Emergency Room at the Harrisburg Hospital whBre she was evaluated for complaints of neck pain and a headache. Ibuprofen was given and she was released. She claims that two days later she developed lower back pain. She was followed by her family doctor one to two weeks after the accident for neck and low back complaints. The treatment included pain medications. She was then referred to an orthopedic surgeon, Thomas Malin, M.D. She was next referred to a pain management clinic where physical therapy was given. She received 12 therapy sessions to her neck and low back, which included massage, stimulation, ice and heat. She was next referred to a chiropractor where she received treatment until April of 2001. She was then referred to a Dr. Hendler of the Mensana Clinic. Finally, Ms. Brooks was just recently seen by Douglas Sanderson, M.D. Dr. Sanderson is of the opinion that as a result of this accident Ms. Brooks sustained multiple areas of muscle strain including the cervical shoulder and low back regions. , '" 3. A statement as to the principal issues of liability and damaqes. The principal issue in the case is one of damages. Specifically, whether this accident was a substantial factor in causing all of the Plaintiff's harm and, if so, the amount of damages sustained. 4. Identitv of expert witnesses. The Defendant obtained an independent medical examination of 5. The current status of settlement neqotiations. Ms. Brooks by Perry Eagle, M.D~A'"~~ s~~~;oO~ . report is attached as Exhibit ~(] ~ The Plaintiff has demanded $45,000 and the Defendant has Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. . ~) B r 0 J. Shi 319 Market Street P.O. Box 1268 Harrisburg, Pennsylvania 17108 Attorneys for Defendant DATE: August 16, 2002 77635.2 , CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United st~ Mail, postage prepaid, on ~! lei ':hJ(!J- in Harrisburg, Pennsylvania, Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. n J. Sh I D. #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant )- ~,~i,..-:__ I.I . '" HOURS BY APPOINTMENT ORTHOPAEDIC SU RGERY HAND SURGERY PERRY A. EAGLE, M.D. '91 LEADER HEIGHTS ROAD YORK, F'ENNSYLVANIA 17402. TEL.EPHONE (717) 741-4888 F'AX i7171741.2352 September 25, 2001 Jefferson Shipman, Esquire 320 Market Street, POBox 1268 Harrisburg PA 17108-1268 RE: Danielle J. Brooks Dear Attomey Shipman: The above patient was seen by me at your request for an innependent medical evaluation on September 25, 2001 for examination of the cervical and lumbar spines. The history was obtained from the patient. The medical records which you supplied were briefly reviewed. The patient's history dates back to January 19, 1999. 'At that ti~ the patient was the driver of a vehicle which was stOl;:lped when it was struck on the J?8ssenger front side. The air bag in the patient's car did not deploy. Upon impact the patient's head was "jerked" but she did not strike anything with her head. The patient was taken to Harrisburg Hospital following the accident. She was evaluated for complaints of neck pain and a headache. Ibuprofen was given. The patient was released. Two days later the J;latient developed lower back pain. The patient was seen in follow up by her family doctor one to two weeks after the accident. She was evaluated for neck and lower back complaints. Treatment included pain medications. The patient was referred to an orthopaedic surgeon, Dr. Malin, at the request of her family doctor approximately several months after the accident. Her complaints were of neck and lower back pain. Her neck and lower back pain were J;lresent constantly. X-rays were taken. Pain medication was prescribed. The J;l8tient was seen on two occasions by Dr. Malin. The patient was referred to pain management and evaluated on one occasion. No specific treatment was given at that time. The patient was prescribed physical therapy by her family doctor. She received therapy for her neck and lower back. 'She received 12 sessions for traction of her neck and lower back, massage, stimulation, ice and heat. The J;l8tient feels her neck was improved with therapy but her lower back symptoms remained unchanged. -" The patient also saw a chiropractor in October of 2000, at the request of an"attomey. The J;l8tient was seen three times per week for stimulation, massage and adjustmE!nts for her neck and lower back. She received chiropractic treatment until April of 20lYl. Her neck andlower back symptoms remained the same since canJ;:>letion of this treatment. -, l Jefferson Shipman, Esquire Page Two RE: Danielle J. Brooks The ~tient also saw Dr. Hendler on two occasions in April and May of 2001. The ~tient's x-rays were reviewed. MRI, EMG and additional x-rays were perofrmed. The patient reports she was not examined during these visits. The oatient was also evaluated by a neurosurgeon, Dr:. Hech,. in August of 200l. The ~tient was sent physical therapy beginning last week (September 2001) for heat, exercises and.stimulation. The ~tient reJ;lOrts_she has not been followed on a regular basis by any health care practitioner. In general the patie'1.tls neck is "okay". Initially her nec:k pain improved but she now has "knots and spasms" in her neck. She has neck pain on a daily basis. She denies arm pain or numbness. Lifting and driving activities increase her neck pain as does neck flexion. She feels exercising imJ;>roves her neck pain. The patient is =rently not taking any medications for her neck pain. She takes Ibuprofen as needed on the average of twice per week with minimal relief. The patient denies previous neck problems or injuries prior to January 19, 1999. Again in discussing her lower back, her lower back pain began two days after the accident. Her lower back pain remains unchanged since that time. Her pain is constant. Lifting and sitting increase her lower back pain. Her lower back pain radiates into her right leg fran her anterior toigh to her right great toe. This occurs intermittently. She is unable to state how many episodes of pain she suffers. She has sharp left buttock pain. She has pain radiating from her right great toe to her knee. This has been J;>resent since the accident. She takes no medication for her lower back pain. She denies previous lower back problems prior to her accident. At the time of the accident the patient was employed as a secretary. She missed one day of work due to her accident injuries. Today the patient states her neck is "okay" having minimal pain. Her lower back is IIhurting" . Physical examination was J;>erformed. At the outset the patient was asked to tell me if any J;>Ortions of toe physical examination which she did or I did caused any discomfort. The patient acknowledged these instructions. She sits canfortably while relating her history. She appears in no acute distress. Her gait is normal. She does not l:imp. She is able to heel and toe walk without difficulty. Upon formal examination of the lumbar region she points to the mid lumbar area and the right and left paralumbar areas to each posterior iliac crest as the site of her discomfort. There is no pain to palpation over the spinous processes of the lumbar vertebrae. She canplains of reproduction of her pain with gentle pinching of the skin and subcutaneous areas over each parasacral area extending to each greater trochanter. When asked to stand on each isolated lower extremity direct pressure is'applied to this area and the patient offered no complaints of pain. When asked to flex the lumbar spine she did so to a measured angle of 25 degrees. She states she was unable to further flex because of pain. There is no visible or palpable muscle guarding with flexion. She is able to side bend to 20 degrees in ",ither direction. .... Again she complains of sane pain. The deep tendon reflexes in the lower extremities are syrrrnetrical. There is no toe weakness in flexion and extension. There is no pefonea_l, anterior tibial, posterior tibial, hip flexor or quadriceps weakness. She comp;Lains of " Jefferson Shipman, Esquire Page Three RE: Danielle J. Brooks decreased sensation over the dorsal right foot and the right great toe. There are no toe signs present. Sitting root test is negative bilaterally at 70 degrees. Classical' straight leg raising is negative bilaterally at 65 degrees with simultaneous flexion of the left hip and with gentle performance of the Patrick test with inteTIlal and exteTIlal rotation. The patient canplains of reproduction of lower back pain and began to cry. With simultaneous flexion of the right hip and knee and gentle performance of the Patrick test with both internal and external rotation the patient again complains of severe lower back pain and again begirE to cry. There are no toe signs. '!here is no ankle clonus. Physir::al examination of the cervical region reveals no tenderness to deep palpation over the spinous processes of the cervical vertebrae, over the paracervical area, trapezi, over the scapulae or interscaoular regions. She is able to rotate the head and neck to 80 degrees in either direction. She is able to flex to 25 degrees and extend to 35 ,degrees. There is no visible or palpable muscle guarding with neck range of motion. At my inquiry she canplains of sane pain with flexion. '!he deep tendon reflexes in the upper extremities are syrrmetrical. There is no deltoid, biceps, triceps, wrist dorsi- flexor or hand intrinsic muscle weakness. The distal sensation is intact. His grip strength is excellent and syrrmetrical. X-rays of the cervical spine from Tristan Associates March 16, 2001 supplemented by flexion and extension lateral views taken in my office today reveal the bony architecture to be within normal limits. The disc spaces are well maintained. The foramina are patent on the oblique views. '!he odontoid view is negative. There is no evidence of fracture, avulsion injury or vertebral misalignment or subluxation. X-rays of the lumbar spine from Tristan Associates dated March 16, 2001 supplemented by flexion and extension lateral views taken in my office today reveal a lumbar scoliosis to be present. The sacroiliac joints are normal. There are no pars defects noted on the oblique views. The disc spaces appear to be relatively well maintained. There is no evidence of lumbar instability on the flexion and extension views. MRI report of the cervical spine from PIC dated October 13, 1999 concluded a degree of reversal of the ce~vical lOl.uosis but no degenerative disease or diss herni.o.tion was noted. cr report from Tristan of the cervical spine dated March 16, 2001 reported a very minimal anterolisthesis of C4 on C5 without evidence of additional abnormalities. cr report of the lumbar spine dated March 16, 2001 from Tristan reported a scoliosis of the lumbar spine with mild disc bulge at L4-5 and mild degenerative disc disease at L5-Sl. X-ray report from Tristan of, the cervical and lumbar spines dated March 16, 2001 revealed straightening of the normal lordosis curve and left lumbar scoliosis. Mild degenerative changes were noted. EMG report dated March 28, 2001 of the upper extremities reveal a normal-st\!?-y. . Jefferson Ship1lall, Esquire Page Four RE: Dan-celIe J. Brooks The records of Dr. Dean Scow dated January 28, 1999 reflect a diagnoses of cervical 11Usc1e strain and spasm with no evidence of lumbar ccmp1aints. The emergency room records of February 23, 1999 from Harrisburg Hospital report a history of lower back pain of sudden onset. There is no mention of prior pIDb1ems or the motor vehicle accident. Dr. Malin's records were reviewed and report a diagnosis of chronic cervical sprain and spasm. There is no mention of lumbar problems. The examination at that time did not include her lumbar region. The records of Dr. Gause W9r8: T"9viewed. The records of Mensana Clinic specifically the records from Dr. Nelson Hendler were reviewed. The physical examination was reported on that record and multiple diagnoses were made including C2 root entrapment, disc and instability, C2-4 facet syndrome, L3-S1 facet syndrome, TMJ, TOS, R ulnar and radial entrapment tendonitis, Tietze syndrome and rib tip syndrome. Studies were reported to be planned. In summary this patient sustained a ceIVica1 sprain frem the accident of January 19, 1999. There is certainly no evidence of herniated disc or radiculopathy by clinical examination or by imaging studies. Her ceIVical complaints are on a subjective basis. There are no objective findings in the ceIVical region which would dictate any limitations, restrictions, impairments or the need for future treatment. The patient has lumbar ccmplaints. The patient repeatedly states that her lumbar complaints started two days after the accident. This is not documented in the medical records. There is evidence in the medical recordsnf an acute onset of pain at a t:ime remote frem the accident. Be it as it may the patient's lumbar examination reveals a limitation of motion. This l:imitation is highly unusual except in patients with herniated discs, trauma or other severe 1;)athology. She has findings of severe-pain with pinching of the soft tissues in multiple areas which is difficult to explain on an anatomic basis. She has ccmplaints of severe lower back pain with the Patrick test bilaterally. This can not be explained on an anatomic or physiologic basis. If one were to assume the patient 1 s history to be crec..l.ible she may have sustained a lU'l11;,)ar sprain secondary to the incident. She has a pre-existing scoliosis. The findings noted on MRI are degenerative and not traumatic in nature. The patient's complaints are mainly subjective in nature and not confirmed by appropriate testing during physical e,xaminations or by :imaging studies. I do not feel the patient has any l:imitations or impairments frem the lumbar region, regardless of cause and needs no further treatment frem any injury which may have been in=ed from the motor vehicle accident of January 19, 1999. Corrment should be made about the diagnoses from Dr. Nelson Hendler. The patient was insistent several times she was never exarnined while under his care. The diagnoses setforth in his report, even, if one were to accept his examination at face value, have no foundation in the patient's history or examination. The patient was cooperative during the conducting of the medical evaluation. Upon my direct questioning he had no canplaints conceming the manner or way the '-:i:n<!ependent medical evaluation was conducted. \ , J Jefferson Shipman, Esquire Page Five RE: Danielle J. Brooks If I may be of any further help or clarification please do not hesitate to call or write my office. S~" rX; 1'1'i0 ~';:~YEagle, M.D. PAEj Jmp '}'"j- ),j'~' , . -'"' " '0;. -. ~ CGJ/Cf(O~~j) .. R.J. MARZEI.1A & ASSOCIATES. P.C. BY: Charles W. Marsar. Jr.. Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: /717\ 234-6883 Attorneys for Plaintiff. Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA ClVILACTION - LAW DANIELLE BROOKS, DOCKET NO. 01-135 Civil Term Plaintiff v. SHERRI R. ALLEMAN, Defendant JURY TRIAL DEMANDED PlAINTIFF'S PRETRIAL MEMORANDUM I. Statement of Facts as to Liability On January 19. 1999. Ms. Brooks was traveling eastbound on Lowther Street in .. Camp Hill. During this time, there was snow on the sides ofthe road and ice on the roadway. Ms. Brooks had her five-year old daughter in the backseat, and they were on their way to Ms. Brooks' mother's house in Steelton. She was stopped in the left-hand lane awaiting traffic to allow her to turn left and enter the northbound ramp to 1-83. This particular section ofLowther Street is four lanes, two in each direction. As Ms. Brooks, and several other motorists, were stopped in the left-hand lane awaiting traffic to clear from the .~n-coming direction, the defendant was approaching Ms. Brooks from -f .. behind in the right-hand lane. The defendant hit her brakes while on the icy roadway and lost control of her car. Her car spun out of control striking Ms. Brooks' automobile directly in the passenger side door. The defendant struck Ms. Brooks with such force that Ms. Brooks' passenger window shattered, and the defendant's car ricocheted up onto a snow enbankment. (See Police Report attached hereto as Exhibit "A"). II. Statement of Facts as to Damages As a direct result of this accident, Ms. Brooks was seen in the Harrisburg Hospital Emergency Room; she has treated, and still is treating, with her family physician at Harrisburg Family Practice; she treated with an orthopedic surgeon at Orthopedic Surgeons of Central Pennsylvania; she treated with a neurologist at Pennsylvania Neurological Associates; she treated with a pain management physician at the Mensana Clinic; she underwent a twelve week course of physical therapy at HealthSouth; and she saw several chiropractors at McCuen and Associates as well as Gouse Health Services. As. evidenced by the number of physicians Ms. Brooks has treated with along with her .. testimony, she has been suffering a great deal from this accident. As a single mother, Ms. Brooks did not have the luxury of missing any time from her job; instead, she has been forced to live and work in pain since the day of this accident. . On September 25, 2001, at the request of defense counsel, an IME was performed by Dr. Eagle. During this 1ME, Dr. Eagle performed several text-book physical examinations. During two of these examinations, the pain in Ms. Brooks' lower back was so intense that she burst into tears (this is evidenced in Dr. Eagle's report). 2 1 Presently, she still experiences pain in her lower back, which fluctuates in intensity depending on her activity level. Ms. Brooks is currently taking pain medication once daily and a muscle relaxant as needed (on average once per week). These medications were prescribed by Dr. Rayner, her family physician, due to her back pain caused by the accident. Dr. Sanderson, an orthopedic surgeon, who examined Ms. Brooks on March 4, 2002 at my request, opined that Ms. Brooks is permanently impaired as a result of the back pain caused by this accident. Spec'fically, Dr. Sanderson opined, within a reasonable degree of medical certainty, that Ms. Brooks currently requires a regimented physical therapy program for 6 to 9 months at a minimum, and even with such treatment, she will still end up with a 10% disability regarding physical activity. (See Dr. Eagle's Report attached hereto as Exhibit "B" and Dr. Sanderson's Report attached hereto as Exhibit "C"). .. III. Principal Issues of I.iability Ms. Brooks has alleged that the defendant violated the Motor Vehicle Code and operated her vehicle in a negligent manner by failing to have the vehicle under proper and adequate control in order to stop or avoid striking Ms. Brooks' vehicle; failing to keep an appropriate lookout to avoid striking Ms. Brooks' vehicle; failing to maneuver her vehicle appropriately in order to avoid striking Ms. Brooks' vehicle; operating the vehicle without due regard for the rights, safety, well being, and position of Ms. Brooks under the circumstances; operating her vehicle at an excessive rate of speed under the circumstances; failing to appropriately judge the time and distance .. . 3 " .. available to safely pass Plaintiff. In light of the icy conditions, which the defendant knew existed at the time of the accident, she should have operated her automobile in a more cautious and reasonable manner. - IV. Principal Issues of Damages As a direct result of this accident, Ms. Brooks has suffered soft tissue damage to her cervical and lumbar spine. The defendant has challenged the validity of Ms. Brooks' lumbar injury. Ms. Brooks has not been involved in any other traumatic incident, which could have possibly caused her lumbar pain, other than the accident at issue. In fact, the defendant's own expert, Dr. Eagle concedes that if Ms. Brooks' subjective complaints are believed, then one must attribute her lumbar injury to the accident in question. As stated previously, Ms. Brooks does not have a very significant economic claim; she only missed one day of work. More recently, she has been laid off of her position at Verizon due to corporate "cut-backs." As a result, she is currently in search of other employment. Due to her back pain caused by the accident, she is limited in the type of job for which she can apply. Unfortunately, because of her inability to perform manual labor, she has not been able to find another job to date. V. Summary ofI.egal Issues Regarding Admissibility of Evidence At this juncture, there are no apparent legal issues regarding the admissibility of evidence. Further, Plaintiffs and Defendant have entered into a stipulation ofthe authenticity of the relevant medical records in this case. (See Stipulation attached hereto as Exhibit "C"). 4 ~ .. VI. Witness List The following is a list of witnesses that the plaintiff reserves the right to call at trial: / Danielle Brooks, plaintiff /' Brooke Smith, plaintiff's daughter ~ Patricia Johnson, eyewitness / Ruby Miller, plaintiff's mother 0 ; l~ / Gary Rife, eyewitness ./ r~ ~ (6) Douglas Sanderson, M.D., plaintiff's ~cal expert , (7) PTL. Jeffrey O'Donnell, investigating officer (8) Sherri Alleman, defendant Plaintiff reserves the right to call any or all other witnesses listed in the medical records identified in the attached Stipulation, as well as, any witnesses needed for rebuttle. VII. List of Exhibits ... (1) Medical Records identified in attached Stipulation (2) Anatomical Drawing to demonstrate Ms. Brooks' injuries (3) Anatomical Model to demonstrate Ms. Brooks' injuries (4) Drawing and/or Diagram of the scene of the accident (5) Pictures of the scene of the accident (6) Pictures of damage to vehicles involved in accident (7) Any or all pleadings and/or deposition transcripts related to this case (8) CV's and Expert reports ITom Dr. Sanderson 5 . VIII. Settlement Negotiations In light of the fact that Ms. Brooks has treated with numerous different medical providers for months following the accident. coupled with the fact that she still lives with pain today, Ms. Brooks has demanded $45.000 for a full and final settlement. The reasonableness of this demand is supported by the fact that Dr. Sanderson has opined that Ms. Brooks has suffered a permanent soft tissue injury due to the accident. In response to this demand, the defendant has only offered $10,500. Respectfully submitted, R. J. Marzella & Associates. P.c. .. By: C rsar, Jr. Supreme Court l.D. 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Attorneys for Plaintiff, Danielle Brooks Dated: g -[ S - 0'2- .. 6 , . . .. . CERTIFICATE OF SERVICE I, Lisa R. Rhoads, HEREBY CERTIFY that a true and correct copy of the foregoing document was served on all counsel of record this l3!h day of August, 2002 by depositing a. copy of same in the United States mail, regular delivery, postage prepaid and addressed as follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 R. J,. Ma ,ella & Associates, P.C. ... By: . Lisa R. Rhoads, Secretary for Charles W. Marsar, Jr.