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Home My WebLink About01-05879 TERA MIKULA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. () (- 6Y7C, ~ ALISHA M. KLINGER Defendant : CIVIL ACTION - LAW :ruRYT~DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or obj ections 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. IFYOUDONOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 ",;', A 0_. ^_'~'_!;"'~,' <';" "."?~'_ .;-:,:~;,:,_1',",:" _ . '''_.~.-~:'I ,~, .,.,- ~.. ." - "'-,," -', TERA MIKULA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. ALISHA M. KLINGER Defendant : CNIL ACTION - LAW : JURY TRIAL DEMANDED NOTIClA Le han demandado a usted en la corte. Si ustedquiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted Debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus obj eciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a vi so 0 notificacion, y por cualquier quej a 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades ootros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SINO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 '''1~_~~___ ~ = d, >-',7-:~'I"~,E:'''','i--- "J"' "<~'-'''"l,:'':~', '. "-~ - -,'" l"-."' " _~ ,.'-------, .., ',-'--', ;.1'-- TERA MIKULA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6'/-5879 ~ ALISHA M. KLINGER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Tera Mikula., by and through her attorneys, CALDWELL & KEARNS, and files the instant Complaint and states in support thereof as follows: 1. Plaintiff, Tera Mikula, is an adult individual currently residing at 66 Bragg Drive, East Berlin, Adams County, Pennsylvania, 17316. 2. Defendant, AlishaM. Klinger, is an adult individual with a last known address of612 Range End Road, Lot 18, Dillsburg, York County, Pennsylvania 17019. 3. On or about March 21, 2000 at approximately 08: I 0 a.m., Plaintiff was operating her 1993 Toyota Celica GT Convertible on U.S. Route 15 in Upper Allen Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff was preparing to stop in the left hand, northbound lane of U.S. Route 15, behind a line of cars stopped at a red light at the intersection of U.S. Route 15 and West Lisburn Road. 5. At that time and place, Defendant, who was also traveling in a northbound direction on U.S. Route 15 struck the rear-end of Plaintiffs vehicle forcing the front of Plaintiffs vehicle to impact the rear of a vehicle driven by Linadale Mallory, who was stopped at the red light immediately in front of Plaintiff. - '~~" ',cC, ",~. "'" ,,- "'___' en:" ~I .'- , " ~, - .-1 ~~- :J 6. At the time of the impact Defendant was traveling at a speed of 45 miles per hour. 7. The accident was caused solely by the negligence, carelessness and recklessness of Defendant. 8. The negligence, carelessness and recklessness of Defendant consisted of the following: (a). Operating her vehicle at a high rate of speed under the circumstances; (b). Failing to maintain a proper lookout for when she should have avoided Plaintiffs vehicle, she failed to do so; (c). Failing to have her vehicle under proper and adequate control under the circumstances; (d). Failure to act with regard to the point and position ofthe Plaintiffs vehicle; (e). Failing to stop before striking the rear of Plaintiffs vehicle; (t). Failing to stop at the red light; (g). Failing to stop in a safe manner; (h). Failing to stop her vehicle within the assured clear distance ahead in violation of75 Pa. C.S.A. 93361; (i) Following too closely behind Plaintiffs vehicle in violation of75 Pa C.S.A. 93310; and (g). Careless driving under 75 Pa. C.S.A. 93714. 9. As a direct and proximate result ofthe above described occurrence, Plaintiff sustained serious and permanent injuries in and about her head, body and limbs, including but not limited to 'i5-~Ij13l_!!"!vj ~~--w--, 'n'T-_'~:-' ',= ,-"'!, '''I~'''?'-:' ',~,,,_.. ~o': ~ - <' " "'"-", >, " ....,... cervical sprain/strain, bilateral shoulder pain, back pain, headaches, facial lacerations, chipped tooth, and a deviated septum. 10. Plaintiff has undergone, and continues to undergo, medical treatment, including but not limited to, emergency medical treatment, surgery, restorative dental procedures, therapy and medication for pain relief, extensive physical therapy, and numerous doctor visits. II. Plaintiff has been and continues to be obligated to expend various sums of money for the medicine and medical treatment for her injuries. 12. Plaintiff s injuries caused her to be temporarily disabled from her primary occupation and to be continuously disabled from her part time employment as a dance instructor, resulting in a significant financial loss to Plaintiff. 13. Plaintiffs injuries have prevented her from participating in numerous activities in which she participated prior to the occurrence described above, including, but not limited to sports, dance, running, and aerobics, resulting in a loss of enjoyment and mental anguish. 14. Plaintiff has suffered, still suffers and will continue to suffer great pain and anguish for an indefinite time into the future. 15. Plaintiff selected the full tort option on her automobile insurance. 16. To the extent it would be determined that Plaintiff does not have the full tort option, the Plaintiff has suffered a serious injury which has resulted in serious impairment of her body functions and/or permanent serious disfigurement. 75 Pa.C.S.A. 9 1705(d). ", - ~~, ~-"~~""~"""c'?"" '0m.> "~" .'c"'''" ''1,' '""..-' - . ;' -, ~'., J , . WHEREFORE, Plaintiff demands judgment against Defendant for an amount in excess of Twenty-Five Thousand Dollars ($25,000.00) plus interest, cost, attorneys fees, and delay damages. Respectfully submitted, ) By: Dated: ( 0 - '0- CI( J ame . oldsmith, squire Attorney LD. # 27115 Ray J. Michalowski Attorney LD. # 87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 263821 .~ - '-."', '--",~"".".". '"""-,0-; ""^,<"",,,:,..,.,,.,, I' - ..", " ,~ "'_~;7' , . . VERIFICATION 1, Tera Mikula hereby verifY that the averments set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1/.15/6) , Tg& nt, W9- 27425 ~,~J,: , - "--. ~_v-,: ,7'-;"'_"~: i"!','t'-:'''";' . _ _ ~ c, I - . - ".,.. . -., -'. .' r~ f] ~, '_'-'~'1q ,"~' ," ,I"... ~ ~ , ,~-' " ,.,,_~M ~ ......... ...J u-. -..j -b" , LJ;TI.... , ",,",.,t,~",~.,..,,~.~~~ij; -.M_ ..,'-- "Y - @~ ~" 0J OJ ,~ C)l ~ '-N .~ 0" "" _~",'"",, 'n ",-"" ".. 'liIii~ ," "".....,..., .. r'lfil'lii' n ~;- c_:~ :.-"--. ~--) ~ c:~ .~) ~:~ d C ,----j c; f _~.' .,"--,~-~-:"-, .~,,' ~.,,-,\,; _,~~,:~"liO'i~"tf!i!(.1~~'J1filf;\<t,Wr!:;>' -'-'-"~~~ . " _~ , _",_" '_ " ~~!W~J~U~j_, ~ ~";,1f' ~ SHERIFF'S RETURN - OUT OF COUNTY :-CA.SE NO: 2001-05879 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIKULA TERA VS KLINGER ALISHA M R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KLINGER ALISHA M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 19th, 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York Co 35.87 .00 72.87 11/19/2001 CALDWELL & KEARNS So answ.~er~:....7 ~_~ ~~- R. Thorn s Kline Sheriff of Cumberland County Sworn and subscribed to before me -Iz- this ,;q- day of ~ .21'JO' A.D. C)~~U f2 ~ ~ Prothonotary' -O:'''~;!~_",." . . ...,..~ ..---,,,,......,.,,~ ~, p"""-"","I~ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTlFF/SI Tera Mikula 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/SI Alisha M. Klinger Notice & Canplaint 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Alisha M. Klinger 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT. NO., CITY, BORD, TWP., STATE AND ZIP CODE) 612 Range End Road Lot 18 Dillsburg, PA 17019 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE )Qp OEPUTIZE 0 CERT. MAIL 0 1ST CLASS MAIL 0 POSTED 0 OTHER October 11, , 2cP~ I, SHERIFF oCF""~cduNTY, PA, 0 hereby deputize the sheriff of York COUNTY to execute ake return according to law. This deputization being made at the request and risk of the plaintiff. :z:<I ;J - ~~ SHERIFF OF COUNTY Lllmber.Lana SERVE . AT { NOW 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN ~ Any deputy sheriff levying upon or attaching any property under within writ may leave aame without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destrudion, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED CALDWELL & KEARNS 3631 N FRONT ST HARR P 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF 13. I acknowledge receipt of the writ R. AHRENS or complaint as indicated above. """I~~~IiIIf"._.'~\". 15. Expiration/Hearing Date 11-9-01 16. HOW SERVED: PERSONAL POSTED ( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW 22. REMARKS: f5} l~lOI II '{, 11/13/01 49. DATE 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE _ Sheriffs Office i-',rN"'''l'''_~>1W'Il_~,"",''''_F''',"""f''''''''''''.'~'''''''''''''''T'''''',"1--''-_~'''"''''''''',"~~-'"--''';'';''''''''''"''''''''-'''''''''">'''''''''''''''''''"""l'''r~''''--'t'''-''''''~''''''''''''''''''_!''-!'l~~''!'''''''==''''' -""_"'"""_r~~!t!l,,~~_~,~ "'" If''' '..;.j "''';. ',..1 CL _ if) <--- L;.... ::~: (:;; 0:_ :,;,J :::, . r .:.:> u C:. L'J L1- o '\""': -.,...,~ 1-- l',' (''-- y---, ~- c- C- (-....J ,-; ~ <<" "; ,- "," ~ ~ ~ 1I~ 'I IIUfirnpl1r'f1'1lr U~r'('n"" ,]~~~),~:iJ,\i!!~!!j~l!~t~1l1~W'~~~4_{,#~tjJr~iWW'ii!fuM~'p<t!;_*,%<"-;;',~i'. -:_1'.,;-');;;[" ':,&, ~" ' 1'f!, ",-",J"' "-"'V"ip'f. ,'~ '" ',- . , .. ........ .^' " ... . , i" COUNTY OF YORK OFFICE OF THE S~ERIFF , 28 EASTMARKEf'ST.. YORK, PA 1740'1 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 2. CQ,UR:rSIWMllER. U \.11- )(j-1':J -C).V" 4. TYPE OF WRIT OR COMPLAINT 1. PLAINTIFF/51 Tera Mikula 3 DEFENDANT/SI AliSha M. Klinger Notice & Complaint 5. NAME OF INOIVlOUAL, COMPANY. CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD A1isha M. Klinger 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORD, TVVP., STATE AND ZIP CODE) 612 Range End Road Lot 18 Dillsburg, PA 17019 . ,~ 7. INDICATE SERVICEo'q PERSONAl q PERSON IN CHARGE " Xli OEPUl'lZE CE TC IL . q 1ST ClAst MAILqPOSTEb q OTHER NOW OCtober!' , ,20~ I, SHERJFF OF~CODNTY, PA, d hereby deputize the sheriff of Yori<. COUl)ITY to execute t ,', ke return th cording to law. This deputizationbeing made anhetrequBstal\d riskofthe'fplalripff. "1<'-. ''.,'. ~';. :~<: . . .\' lOUT OF COUNTY 1 CUMBERLAND SERVE .. AT { 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SE ICE: , , I , ! f. ADVANCED FEE PAIP BY SHERIFF NOTE: ONLY APPUqABl.:-E ON:~I1~ OF EXECUTlQ": N.B.-W~VER OF WAT9HMAH - Any deputy Sh~"[evyin9-up6n or attach,ti9~,ny property under. within_writ may leave,same without a watchman, _in custOdy of whomever is found in_possession,aflecnotifying',person of levy or attachment, without liability on the ~part of such'deputy or the-sheriff- to any plaintiff herein for any loss" dl!$trudion,.or removal_ of any propel;tY'befOre sheriffs, ~Ie thefeot. ' 9. TYPE NAME and,ADDRESS of AlTORNEY I ORIGINATO~ and SIG~TURE 10.. TELE~H6IiiE NUMB.ER - .11. DATE-F.ILED ",_,:~-'~. ,_ . )i- CALDWi;:LL & KEARNS 3631 N. FRONT ST. IHARRISBURG; PA HI O~..""c~i '2' 10-1&'01 12. SCO~'M~Tit7\9fDSEen~E g~'EYRTf~E AND ADDRESS BELOW: (This area must be completed if notlC€1sfo '6itmailei3). .",L__- -.' 16. HOW SERVED: 17: \8, .,:: 15. Expjration/Hearing Date 11-9-01 13. I acknowledge recel'pt of ihe writ or complaint as indicated above. -~',>:",- SEE REMARKS BELOW 00 Int. 22. REMARKS: It 39.13 40. Costs Due or Refund \1~\OI I', , Check N.o. )Lrl LflL 33. Costs Due or R~rid s lC -.... .4Sm ~'7 '()) 47. 0 TE HOSE. ,,'-'''''/'/,. .:""'".", </" < '''''<''CL- ./:-...- ,{.,/ /._/ F--"~_c .,-;~ i9~.-< /"-'7"-- ,-', -,"- i'-. .--_ ll!13!O~ 49. DATE 51. DATE RECEIVED .,~ " 1. WHITE . Issuing' Authority 2. PINK. Attorney 3. CANARY,- Sheriffs Pfflt;e .. I- :'i. ,'1 lIL1' .' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND CpUNTY, PENNSYLVANIA . TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this d-<(;'~day of r\)~ , 2001, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy ofInterrogatorieslRequest for Production of Documents of Defendant to Plaintiff, Set No.1 by United States Mail, addressed to the party or attorney of record as follows: James 1. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS lHOMA~ Supreme Court LD. #64584 Attorney' for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ,~~-"'~, , ~,.. 0',- ,>>~ -'f,'1" /~. __,_ ~,~-;- ~'tf1:,''"_ 0'_ ",' I""'" -, - I. - '. 0' ...') I' illl I ,',fil'')''',!, ",.(~. (T Ii 'l~IIII1' p -" t!?cC;:: -- /-;:;: ~--f i;;f ~<' l,,~,.~~ -:... :::Z t;.' "'~- .:....-/ "" , r::.:~ '" ':;-.J ..~... .....J "'1"mrlT"(',!,'Y':'" . .:'::::; -~~') 'i ,~ '::.')' ~,' "--) 5.::;/ "- ::;;/ , " >,_, <,."~'~~ ~ , _ _ _ h~ 0 ~ " """. ,,,~ry/:"_,._ . J!I'~'W!Jl$!J!-ri1~f!{~1'!~l-"lm~:-~~1. ,l."",'"",d_~_[, QrnJl"rn~;.:'f~_X)ff ]1 f"< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED PRAECIPE AND ENTRY OF APPEARANCE PURSUANT TO PaRC.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman and Thomas B. Sponaugle of Griffith, Strickler, Lerman, Solymos & Calkins as attorneys for the Defendant in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: Robert PC Lerman Superior Court ID No.: ~ BY. ... . THOMAS B. SPONA GLE, ESQUIRE Supreme Court LD. #64584 110 South Northern Way York,PA 17402 Telephone: (717) 757-7602 Dated: December 7, 2001 Attorney for the Defendant, Alisha M. Klinger ';',!J!),r '--'''','--"-~<~ . .' - .---,,,'<'t"',.,,.i", "_,,,' ..,I\~"',','_~ -e'-' ' ---,. ~~ - p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 7th day of December, 2001, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney ofrecord as follows: James 1. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, P A 1711 0 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY~ . THOMAS B. SPO . A LE, ESQUIRE Supreme Court J.D. #64584 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney for the Defendant klr/klinger.prp.z '.,~ ". ~ ^-"'.""F_-Z_"~"~"',~,,,,,__,,,,,,"_~_'W'~_""_ - '.'_F ,"'.1_'" ,., __c _. . ~ ~~11~ c) 5;: ~' f!/fT~ 0~- t--_-, !::. ,;?" ( , :;;:r:;- --~ - ____.""""n". fT"Y"'", 1,'::> C':J ,-.,'-1 .-~) .-:::.; r:~:, ~) C/) -1"';-. _,~~,> ,:r:~.,jll1ilf'-1.~~'Z'f'~i,"~i)W,,"'i~~~!IM~~lJt$Jil!1'~~:.wIl1!J!l~:- ir" . .. ,. . IN THE COURT OF COMMON PLEAS OF CUMBERlLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this .d- day of .5&/ ' 20oY,'i, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Defendant's Response to Plaintiffs Request for Production of Documents to Defendant by United States Mail, addressed to the party or attorney of record as follows: James L. Goldsmith, Esquire Ray 1. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ~ /' /,/. By: THOMA . SPONAUGLE, ESQUIRE Supreme Court J.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ,1~5~,0', - U~>"" >^" ,,,,,,c_):'/,,,,,,,,,sy,_,,r 'x-",c'- .1. , ',-- -, "c' . 111 -~ ~--'i^ '^ , "--'-'~'~ ~ ~" -~, - ~, -'>0.., ,<' ""'~ .,,, -, "'-"Jji''')({1' '.,- <:Wr:'~~";"T'''''\'':<' lJ?'_{'j"';- ;:;':~'{'_";' '~'if-'-ttffk':f";~'-j~'t'::',-hii~;,i~"~ , II ~ () ""0 ,f;~ r-,..;,-",,; !..4.!fTi =- -,. ~J :i::;; - ,<C. 0;;::---:( J ~~-:: .~ 33 " (:::) f\) '-- ::".)3 ~..,... "".- I C,", ~" OJ ,_ ,.7qFm-."0r-;I('1W!\;,'2<"'l':;~;0lfilIl;:'~\'l'l"j!i4:~ _~)c"",~~~Ili!'~,___,~JL);(lm!~W?('fl~~!~: IN THE COURT OF COMMON PLEAS OF CUMBERJLAND COUNTY, PENNSYL VANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRlAL DEMANDED NOTICE TO PLEAD To: Tera Mikula c/o James 1. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed Answer & New Matter of Defendant, Alisha M. Klinger, within twenty (20) days from service hereof or a judgment may be I entered against you. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: ~. THOMAS B.!~ ESQUIRE Supreme Court LD. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ';--~. W''': ,,-"o~ '~_1,l"',"'<j_" ",,~,.-N--l-'" "-- . - ~~,' '-I' , " ",--~.'.j' ,; , .'-' " ' " - '<', ''''~ - < ~," OJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED ANSWER & NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted and denied. It is admitted that on or about March 21,2000 at approximately 8:10 a.m. Plaintiff was operating her 1993 Toyota Celica GT on U.S. Route 15 in Upper Allen " -!; i:! Township, Cumberland County, Pennsylvania. The remaining allegations are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 4. Denied. After reasonable investigation, Defendant is without knowledge or infoffilation sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. :~. ~: 5. Admitted and denied. It is admitted at that time and place, Defendant was traveling in a northbound direction on U.S. Route 15 and struck the rear-end of the vehicle being operated by Tera Mikula. The remaining allegations are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. ~-ih~_~,'",-;, ,'<, ".~~"'~_V_""'_"v=:,".-~'" ,,-.~ -"",1 , " .~ ",~- "" .-; -"" " -~' " .',",.. ~"'" , '" ,--, l~ 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proofthereof is demanded. 7. Denied. It is specifically denied the accident was caused solely by the negligence, carelessness and recklessness of Defendant. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent, careless or reckless and strict proof thereof is demanded. 8. Denied. It is specifically denied the negligence, carelessness and recklessness of Defendant consisted of the following: a. Operating her vehicle at a high rate of speed under the circumstances; b. Failing to maintain a proper lookout for when she should have avoided Plaintiffs vehicle, she failed to do so; c. Failing to have her vehicle under proper and adequate control under the circumstances; d. Failure to act with regard to the point and position of the Plaintiffs vehicle; e. Failing to stop before striking the rear of Plaintiffs vehicle; f. Failing to stop at the red light; g. Failing to stop in a safe manner; h. Failing to stop her vehicle within the assured clear distance ahead in violation of75 Pa. C.S. 93361; 1. Following too closely behind Plaintiffs vehicle in violation of75 Pa. C.S. 93310; and g. Careless driving under 75 Pa. C.S. 93714. 2 'i,"~" '~-,- ,4~-_'"""","'t-"C _ryo"_,<~,,,."t,~ " ,_',:, ,',-'-' ,'~-~-I',,,- '-I - _~__'^' c," c , ", . ,~ ;;, ~, f: r ~~, ' " On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances, was not negligent, careless orreckless and strict proof thereof is demanded. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. II. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. 3 - "- "'.'"'~'~""'<"---~'- ,"", '~~, -, ~--- ~:I ":- ,">'--'-~'~,- "~. ,- ",,"-' " < -. ,~-"' 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proofthereof is demanded. 16. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied, and strict proof thereof is demanded. WHEREFORE, Defendant Alisha M. Klinger respectfully requests this Honorable Court to enter judgment in her favor and against the Plaintiff, together with costs of suit. By way of further response, the following is asserted: NEW MATTER 17. Paragraphs 1 through 16 of Defendant's Answer are incorporated herein by reference as though set forth in full. 18. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 19. Plaintiff's Complaint may be barred by applicable statute of limitations. 20. Plaintiff's injuries and damages, if any, were caused solely and directly as a result of individuals or entities other than the Defendant, and over whom the Defendant had no responsibility or right of control. 21. Plaintiff's injuries and damages, ifany, were caused solely and directly as a result of the negligence of Plaintiff, Tera Mikula, which negligence consisted of the following: a. Operating her motor vehicle without due regard for the rights, safety, and position ofthe Defendant aforesaid; b. Failing to have her motor vehicle under proper and adequate control at the time; 4 -'-f-. --, ''''_ ~-C'+ ,""",,,..,,~ ,",~,'),,,",.,,,_-'i. e''-",",. "- 1',,'- ""^''f' ,,_"-;- ,_ -~,_ _ '" c . . c. Failing to keep a proper lookout; d. Failing to come to a stop within the assured clear distance ahead; e. Failing to yield the right-of-way; and f. Stopping suddenly and without warning, creating a sudden emergency. 22. Defendant was faced with a sudden emergency which occurred when Plaintiff s vehicle suddenly, abruptly, and without warning or notice slowed and/or stopped in her path causing or in part causing this motor vehicle accident. 23. Plaintiffs claims must be barred or diminished with respect to Pennsylvania's Comparative Negligence Act because ofthe negligence of Plaintiff, Tera Mikula, as set forth above. 24. Plaintiff has not sustained a serious injury as defined under the Pennsylvania Motor Vehicle Financial Responsibility Law. 25. Plaintiff s claim for non-economic damages may be barred because Plaintiff has elected a limited tort option as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. 26. Plaintiff may have failed to mitigate her damages. 27. Plaintiff may have received various benefits from other insurance arrangements, programs, and groups of contract insurance, including benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law, and may not recover for the same benefits in this proceeding. 28. The injuries and damages that Plaintiff claims to have sustained in this motor vehicle accident may have pre-existed this accident and were not caused as a result of this accident. 5 "~:;-r.;:,o , '='~'__"'--"_,-,",, _->:~,~" "'~:""r,", ""~",_-",, ,1_.~",\ ~_-I ' ,-~- --'- ,,',~", ., ,-~ ,~' 0" ." ~ ;~;J' 29. The injuries and damages that Plaintiff claims to have sustained in this motor vehicle accident may have pre-existed this accident and were aggravated or exacerbated as a result of this accident. 30. The injuries and damages that Plaintiff claims to have sustained in this motor vehicle accident may have been sustained subsequent to this accident and may not be related to this accident. 31. Plaintiff has recovered from the injuries which she allegedly sustained as a result of this accident. WHEREFORE, Defendant Alisha M. Klinger respectfully requests this Honorable Court to enter judgment in her favor. By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS rno~ Supreme Court LD. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 6 ~1il!~l!! - _~~"_' ~':",'~"7":'~:::r;tJ' " - --~; 'I ~ ~," ~" ,~ -,'-"~~"~^ -.-.--~'-'n . ,~,,< "H ,-_ e.."_ ,'. n' , . ~'; IN THE COURT OF COMMON PLEAS OF CUMBERJLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED VERIFICATION I, Thomas B. Sponaugle, Esquire, do hereby verify that I am the attorney of record for the pleading party herein, Alisha M. Klinger, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. !l 4904 relating to unsworn falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS Dated: I-/f?-OL--- BY ~.. THOMA . 0 , ESQUIRE Supreme Court J.D. #64584 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 "~;?-,)f , __, _ _ "';"" _~,,',~, ,,"", ,_,,~~,,_. _-__ _ 7,' '1- ,"'7,_'. _;'" , "-"", ., , ~~" iC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this &- day of ~ ' 2001, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Answer & New Matter by United States Mail, addressed to the party or attorney of record as follows: James L. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ~/ THOMAS B. SPONAUGLE, ESQUIRE Supreme Court I.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717)757-7602 ,\~...J~,,, -~, ~ ~, '~"".-,~,,,-,',:c-"""",, "1;':--'."," (;~~",~--,~. '-,"~ ,,"'.L'~..," _,,,, ,,__ , ~ -, " ~,.,-"'"'~' ,~ - '"'"', ,1',' " --, '-'-~",~~, ,,"', ~~.. J ~ ."~,....,." :," , ~"~' ~ ",., ~, ,. ~, " ~, 'f. r~, -.'="~ . ".~ .. .~~,,~,~. ~, "-'.'i> '"..., ~'4r;""""'-"'" '~il"O'~' "I[Yr":':'.': tTff]"t:"('nt'd< """,k'~:'''''>'~~'r'l'r.r~~l''' o c- "1:;"'':' f1ir,t;; zt;-' ~-- ..-::.:.r- Gr))~,_ ..... ~"' ~t:'l '):;,. - ;>,._, 5:;(.....:;' (.::::: .:2: ~ '0 ':::' r\.) ~;;, ;;.,~ () " .:..----1 '':;\j~~ .~~}eJ 'j I ~~{~ aF~< <c-i S;J """ i'.J f\J ~, =i ~~ .~ f-C~ l.L,lt":WJli!!%-IW;l'l".":!.W?'~Wi;?-'1'~.,."._ ",,,,,,,~"Ii!'!},,,,~,v.,,!f8lc'''''' -, _.t<' ^ !H~~~; , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DlEMANDED CERTIFICATE OF SERVICE AND NOW, this f')t day of r~ ' 2002, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certifY that I have this date served a copy of Defendalllt's Answers to Plaintiffs Interrogatories by United States Mail, addressed to the party or attorney of record as follows: James 1. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, P A 17110 By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS THO~umE Supreme Court J.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ";<'.11"" ' i"-t:;,~("~,.""",;",-'~~" "., '_ ,._~.,,.,,,- 1:["; - ~ '" ~ .,<' - -..- j ~ - -I ,,' ,. P"""O' .,.,1lIlIlI!!llIIII - '''''''''0 ,,!, ~ iT}f ~,~ ~~~~ ".,~,...",.~ .', "~~,' .- ''''T- 'n' TJ ":Tc'~" "'.,~,". 'L"".h~Yr"":.""'~~N"nl~C'[fqi~if1t1~:"~!r~?tf\~'~':-1;~rB }ci', f o c: ? J1rt 2:" hS 3!;; -< ;.;:, 1\.> 0' CJ f\,}. -." '" co :il ~_m~,"'''''''o'''',' ".,J!lmW~f!1l~~iWi~:'1l!t-''"''~\trl''0!,''~~''''r''~~~,: ",.~,~" JlIq,.~,!'""~JU~I1~".' TERA MIKULA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. C.C.P. No. 01-5879 ALISHA M. KLINGER Defendant : CNIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, comes Plaintiff, Tera Mikula, by and through her attorneys, Caldwell & Kearns, and files this Answer to New Matter of Defendant, Alisha M. Klinger, and avers in support thereof as follows: 17. Paragraphs 1 through 16 of Plaintiff s Complaint are incorporated herein by reference as though set forth in full below. 18. Denied. The averments ofthis paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proofthereof is demanded at trial. 19. Denied. The averments of this paragraph are conclusions of law to which no responsive pleading is deemed necessary and strict proofthereof is demanded at trial. 20. Denied. The averments of this paragraph are denied generally and as conclusions of law and strict proof thereof is demanded at trial. 21. Denied. The averments of this paragraph are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 22. Denied. The averments of this paragraph are denied generally and as conclusions of law and strict proof thereof is demanded at trial. ':.'~'R, I,d, '.'~' '~-, '._<'~""':'i'g: "!;' . ': I,N ~ -- ,. < . '''. ,~ .--- -- ", - ..<' , ~, ~. ...... 23. Denied. The averments of this paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 24. Denied. The averments ofthis paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 25. Denied. The averments of this paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 26. Denied. The averments of this paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 27. Denied. The averments ofthis paragraph are conclusions oflaw to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 28. Denied. The averments ofthis paragraph are denied generally and as conclusions of law and strict proof thereof is demanded at trial. 29. Denied. The averments ofthis paragraph are denied generally and as conclusions of law and strict proofthereof is demanded at trial. 30. Denied. The averments ofthis paragraph are denied generally and as conclusions of law and strict proof thereof is demanded at trial. 31. Admitted in part and denied in part. Admitted that Plaintiff has partially recovered from the injuries she sustained as a result of this accident. By way of further answer, Plaintiff continues to suffer damages including pain, inconvenience, and loss oflife's pleasure and continues to undergo, and for the foreseeable future will continue to undergo, medical treatments related to the injuries she sustained as a result ofthis accident. H}~~ ,,~., '.- ,,,.<,<" "'_'0";,, ?"",.<" ~," . I .' '.--"~- - - _.,- - -, .' . "~="'," ~~~ WHEREFORE, Plaintiff, Tera Mikula, respectfully requests this Honorable Court to enter judgment in her favor and against Defendant, Alisha M. Klinger. Respectfully submitted, By es Gol " Esquire Attorn yLD. #27115 Ray J. Michalowski, Esquire Attorney LD. #87135 3631 North Front Street Harrisburg, P A 17110 Attorneys for Plaintiff :W~ "., ~-p-~ '. ~. < ',~ I'.'~; , "~ ~.., ,.~, . ~. , -^, ---- ,.)1. "'~, -~-" - .- VERIFICATION I, Tera Mikula hereby verify that the averments set forth in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: (~/ 'l/O)- (<X J1. ())j JJW.Q .. WJJtJvI t..( 0--) Tera Mikula ,', < "".'~ < ~,C'; " ,., ". ~ . ~ qr ,y ~, ~ '^ CERTIFICATE OF SERVICE AND NOW, this JJ.;1i+ day of clJ$ Ua....-k-y ,2002, I hereby certify that I have served a copy ofthe within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Thomas B. Sponaugle, Esquire GRlFFITH, STRICKLER, LERMAN, SOL YMOS & CALKIN 110 South Northern Way York,PA 17402 CALDWELL & KEARNS By: !!.Lfd1u<--I17'~~a/ 00-191/35504 .!,;~. ,,~~_ -.,,0 ',..,''''":', .",<,. ":,,r,;'."t':",r,.o"-~' I _ "r <> '"' ~ r ~, ~.-L.,. ~.7 L, IIl!l!l'R..,..,.~"" ~, , '"~ ~" ~~ .', !5!I!l"" . -.-. '...._....'....Hc< ''ii1l1r'TlJlrU:rn u .5' jjl/ ,~".!',;_,. "', .'''''''''~,,~. ~J.,."~i'&~ .'Tin c) ~~,:~ -I-I tj) '''U L") T ilITf'IIIiJJ"111'ew ~Wi~';"h~.....,""_"".J-\If-~:' d~_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TERA MIKULA, Plaintiff, Civil Action - Law VS. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED ORDER AND, NOW, TO WIT this ~S"J day of t"<<"""1 , 2002, upon consideration of Motion to Compel Plaintiff s Answers to InterrogatorieslRequest for Production of Documents of Defendant to Plaintiff, Set No. I, it is hereby ORDERED that the PlaintiffsliBffiit .-e-o~p.J.... eemplete llUa eom\5rehcflsi'/e 8.H!f;,'efI! to moving Defendant's Interrogatories and Request for s"-""...;... -1 Production of Documents, Set No. I, within 20 days from the date oJthis Order. BY THE COURT, ,A~ k~4 Go \ cis mIl-\' ~ '1 ~A6~ o.'j Ie.. ~ t CFf.l DO -fit 0-;;' ci.t... -0:2... ~s :'"Ht'ir'L._,,, _ ",",,:!r:,;-~,,_y:" """"_'".1"1':U',',,"~~" ," 'I" ~o-" , '___',__ .U ,P',,,_,'_ , , ,,,,,.,1 . ,.' ~~ -'"~ ',;~1t!r"[~ia~~~~~~~M~"~*'>W't,;.~ai~'~-"-oi;;,..;""""."..~~:M.~:ic . ,,,,' ,". '~.. ,,". ~, '--'ilI~ . ". ,-,--" ~ . .- . .. " r!!..t::r;"'CtF:Cc~ "."Y'(JiAi=iY rp ceo ?c U..:.. I j._LJ L.-..J P",\' 2: S'l . r ,. ,_...... CUM8ERLJ~~D COUNW PENNSYLVANIA ...IL .~.' 1 nm' l !~lIlll!m!. '"......~....w..""....."..,." . .. ,,""," '~iL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TERA MIKULA, Plaintiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL ][)EMANDED MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIES/REOUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT TO PLAINTIFF, SET NO.1 AND NOW, TO WIT, this ,~ day Of} ~ ~ ,2002, comes the Defendant, Alisha M. Klinger, by her counsel, GRIFFITH, STRICKL~R, LERMAN, SOL YMOS & CALKINS, and files the following Motion to Compel Plaintiff s Answers to InterrogatorieslRequest for Production of Documents of Defendant to Plaintiff, Set No.1, as follows: 1. On or about November 30, 2001, Defendant Alisha M. Klinger propounded a set of Interrogatories and Request for Production of Documents, Set No.1, to the Plaintiff. Copies of said Interrogatories and Request for Production of Documents were filed with the Cumberland County Court of Common Pleas on or about November 30,2001. 2. Said discovery responses were due on or before December 30, 2001. 3. On January 11, 2002, defense counsel forwarded correspondence to Plaintiffs counsel requesting Plaintiffs discovery responses to which no response was communicated by Plaintiffs counsel. 4. Defendant granted an extension to February 4, 2002, but has not received the requested responses. 5. To date, Plaintiff has failed to respond to Defendant's discovery requests. 6. The submission of these discovery requests constitutes the first stage of discovery, which would afford moving Defendant the opportunity to identify potential trial witnesses and trial '\j~~,>~,"", "c"""""""",~~"'-,"'.'''',~'T"""",c,-o, _.. ~.,,,,,,, , ", .~ P." ,~,^~~ . ~,-- evidence, including experts, and discovery information relevant to the alleged damages claimed by actual witnesses. WHEREFORE, moving Defendant Alisha M. Klinger respectfully requests this Honorable Court to issue a verdict compelling Plaintiff Tera Mikula to respond to Interrogatories and Request for Production of Documents of Defendant to Plaintiff, Set No.1, within 30 days from the date of this Order. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: LE,E8QUIRE Supreme Court .D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717)757-7602 ~~'e ,,-^~-", ",,,"_'f;j.1<;!'l'.~''''-'7'.,,''. '. , . ~. "I- "'1' "<'. . . -- ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERA MIKULA, Plain tiff, Civil Action - Law vs. No. 01-5879 ALISHA M. KLINGER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of f ~2002, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRI~~AN, SOL YMOS & CALKINS, hereby certifY that I have this date served a copy of the Motion to Compel Plaintifrs Answers to Interrogatories/Request for Production of Documents of Defendant to Plaintiff, Set No.1 by United States Mail, addressed to the party or attorney of record as follows: James L. Goldsmith, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, P A 1711 0 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THOM~- Supreme Court LD. #64584 Attorney for Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 ";~;~, -'-'~5"~"<~~""'"""".,r'"<"~"",,,^-,, '-' ,"" .", o"-~" '~ .~, ." ~, ~ frJ 9 1- ,_".,~.,I!I.a,~.~ - ,~.,.', ^' ' '" -~ v'., .. '" ',,''''.,~,',..,..'''' . TllHI iii 111 fI~t;'- ~;~~:" I en.- 1:$ - ::::...... ." ~:,"::~ :,:,-- JUlII J "J. ......, o <:~ ::l . i'<i :.~) ~ :~! \C, , ~""XI!~'1''\@~~\iEl~r"",r('''i,\^,.W~''~'''-',l'i~'~~~-"~t!i''ml!\Tf~~r!'J;l!~!il~!JJIlll~~~m~~~':",,~,~:$,?r c ! IN. TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MIKULA Vs. NO. 015879 KLINGER CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 THOMAS B SPONAUGLE, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 03/13/02 THOMAS B SPONAUGLE, ESQUIRE 110 S NORTHERN WAY YORK, PA 17402 717-757-7802 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 File #: M284017 By: Jacqueline Ciarrocchi '!j~"",~".~ " ,-, "I ,~ . c" ~ ,~ IN TIJ:B COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MIKULA Vs. KLINGER No. 015879 TO: JAMES GOLDSMITH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TIllNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the Undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 02/20/02 THOMAS B SPONAUGLE, ESQUIRE 110 S NORTHERN WAY YORK, PA 17402 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi Enc(s): Copy of subpoena(s) Counsel return card File #: M284017 ~''''''''I_.m... ,.. " o. q CQ!M)NWEALTH OF pENNSYLVANIA a:xJNrY OF aJMBERIANIl MIKULA VS. Fi Ie No. 015879 KLINGER TO: SUBPOENA TO PRODUCE DCCltENTS OR ntl NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HANOVER.HOSP, 300 HIGHLAND AVE, HANOVER PA 17331 ATTN: . MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunentl'l or thin;ls: SEE ATTAl.:llliD AUDENDUM at MEDICAL LEGAL REPRODUCTION~AdR~) 4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h\ this subpoena, together with the certifica,te of carpli;;.nce, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of preparing the copies or producihgthe things sought. If you fail to produce the docunents or things required by this subpoena within twenty. (20) days after its serv~ce, the party serving -Chi<; !,ubpoena may seek a court arde.- cx:rrpelling you to carply with it. ntlS SUBPOENA WAS ISSUED AT THE REQUEST OF ntE FOLLO/IING PERSON: NAI'E: THOMAS B SPONAUGLE, ESQ ADDRESS: TELEPHONE: SUPREMO OOJRT I D# ATTORNEY FOR: 110 G NORTHERN WAY YORK, PA 17402 215-335-3212 , 64584 DEFENDANT M284017-01 DATE:E ~ :if-., :JCu;}...... Seal of the Court '-- f. _ Prothonotary/Cler ; ci . Division AOAoL . P 77t.R~;- Deputy BY . (Eff. 7/97) "I;i\"",~~ ."'~ I I, i-- ""'~....~! " ADDENDUM TO SUBPOENA MIKULA Vs. No. 015B79 'KLINGER CUSTODIAN OF RECORDS FOR: HANOVER HOSP Any and all hospital records, including microf~lm, microfiche . emergency room reports, x-ray reports, out~patJ.ent records physJ.cal therapy records, and.aI1yother information pertaining to: NAME: TERA MIKULA ADDRESS: DATE OF BIRTH: 03/14/71 SSAN: 1616B6026 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. -... - - - - - - -- - --------------- - - - ----- - -- --- RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above m~ntioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS ( ( PATIENT BILLING X-RAYS RECORDS /XRAYS have been destroyed Authorized sJ.gnature for HANOVER HOSP Date CUMBERLAND M2B4017-01 *** SIGN AND RETURN THIS PAGE *** -'''''~''f'~~ .,c-, ~~ ,-. , ,~, ~~~ CQMMJNWEALTH OF pEl'lNSYLVANIA a:xJNrY OF ~ MIKULA VS. Fi Ie No. 015879 KLINGER SUBPOENA TO PRQCll.X:E ocx::u1ENTS OR TH i NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 COMMUNITY GEN OSTEOHOSP, 4300 LONDONDER,RY #3000, HARRISBURG PA 17109 TO: ATTN: MEDICAL RECORDS DEPT. (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'l or things: SEE A'lTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTION~Ad~)4940 DISSTON ST., PHILA., PA YClu may deliver or mail legible copies of the docunents or produce things requested ~'\ this subpoena, together with the. certificate of crop I iance, to the party mak ing th j, 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. I f you fai 1 to produce the docunents or things required by this subpoena within t",enty (20) days after its serv~ce, the party serving thi,-; ~;ubpoena may seek a court orde.' cx:xrpe 11 i ng you to crop I y with it. THIS SUSPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOIIING PERSON: NA/'E: THOMAS B SPONAUGLE, ESQ ADORESS : 118 e NORTHERN WAY YORK, PA 1/4U2 TELEPi-()NE: SUPREI10 CXlURT I D# ATTORNEY FOR: 215-335-3212 64584 DEFENDANT BY OOJRT: i ',) M284017-02 };,b .::;/. ~ rY~,;t Seal of the eouf-t DATE: . I ~ Prothonotary/Clerk, C' . . Division ~12.? D - P. Z7t//~-,... /' "(.....- Deputy (Eff. 1/97) "'"'''W:~.,,_, ,",,",' ,- ", " ,~' "I '> , ,-, >, 1 - I " - ,-,~-""-"'" . ADDENDUM TO SUBPOENA MIKULA Vs. No. 015879 KLINGER CUSTODIAN OF RECORDS FOR: COMMUNITY GEN OSTEO HOSP Any and all hospital records, including microfilm, microfiche emergency room.. reports, x~ray reports, Qut~patient records physical therapy records, and any other information pertaining to: NAME: TERA MIKULA ADDRESS: DATE OF BIRTH: 03/14/71 SSAN: 161686026 . . . 1\LL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - -- - - - - --------------- --- --- - --- - ---- RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS A V AlLABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X~RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for COMMUNITY GEN OSTEO HOSP CUMBERLAND M284017~02 *** SIGN AND RETURN THIS PAGE *** "(':~~t...."""" ;,=-'.' ,~ -' - ~ ~ ~~~ ~ "'" C()MM)NWE'ALTH OF pfN/SYLVANIA a:xJNrY OF ~ MIKULA VS. KLINGER Fi le No. 015879 SUBPOENA TO PROOl..k::E [)()Cl..t1l;:NTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH@POLY, 2601 N THIRD ST STE 2, HARRISBURG FA .17110 ATTN: MEDICAL RECORDS DEPT (Nare of Person or Entity) Within twenty (20) days after service of this subpoena, you are cirdered by the court to produce the following docunent!l or things: SEE A at MEDICAL LEGAL REPRODUCTION~~~)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the doct.ments or produce things requested bl this subpoena, together with the certificate of ~liance, to the.party making thi~ request at the address I.isted .above. You have the right to seek in advance the reasonablE cost of preoaringthe copies or producing the things sought. . If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce, the party serving thin subpoena MY seek a court orde.' cmpelling you to ~Iy with it. TH I S SUBPOENA WAS NM1E: ADDRESS: ISSUED AT THE REQUEST OF THE FOlLCWING PERSON: THOMAS B SPONAUGLE, ESQ 110 0 nORTHERN WAY YORK, PA 17402 215-335-3212 TELEPI1:lNE: SUPREI"E ca.RT I D# ATTORNEY FOR: 64584 DEFENDANT BY M284017-03 DATE: )::P...~ 2(.,. .lNl A Sea 1 of the CoUrt ' '-- Prothonotary/C1 . C' . Division 4".., ~ - 2 - '77;~fiA'Y. (- Deputy (Eff. 1/97) J:'f~~Ii1JJ.n'1 ~., ,""'" ,~ ~~,~- ADDENDUM TO SUBPOENA MIKULA Vs. No. 015879 KLINGER CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH @POLY ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO.Ji.Ny EXAMINATION OJt TREATMENT RENDERED TO: NAME: TERA MIKULA ADDRESS: DATE OF BIRTH: 03/14/71 SSAN: 161686026 CERTll'lliD PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ) RECORDS ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed " Date Author~zed s~gnature for PINNACLE HEALTH @ POLY , I CUMBERLAND M284017-03 *** SIGN AND RETURN THIS PAGE *** '{--~LJi!.. ';0"" - -;__'~, ,"~ I 0', :w- ~TH OF pFllNSYLVANIA a:xJN1'Y OF aJMBERIANl> MIKULA Va. File No. 015879 KLINGER TO: SUBPOENA TO PRCll:lLCE [)()Cl.J1ENTS OR 1li I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP,. 503 N 21ST, CAMP HILL PA 17011 IlIT'l'N' MF.DTCAL RECORDS DEPT (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'l or things: SEE ATTACHED AD at MEDICAL LEGAL REPRODUCTIQN~~d~~)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested c,', th i s subpoena, together with the cert i fi cate of caT4J1i ance, to the party mak ing th i, request at the address listed above. You have the right to seek in advance the reasonable cost of preoaring the copies or prOducing the things sought. If you fail to produce the documents or things required by this subpoena within t~ent: (20) days after its serv~ce, the party serving thh .;ubpoena may seek a court orde.- c:crrpelling you to carply with it. 1li I S SUBPOENA WAS I SSUEO AT THE REQUEST OF niE FOLLOH I NG PERSON: NAME: THOMAS B SPONAUGLE, ESQ ADDRESS : 11 0 S NORTHERN WAY YORK, PA 17402 10#__215-33'5-3212 64584 TELEPI-IJNE: SUPREl-E o::JURT ATTORNEY FOR: DEFENDANT 8Y M284017-04 DATE: ):P~L ::U:". .~t::X~:t Sea 1 of the Co6rt ' <- Protary/Cl . C' lV1Slon ~fh,p ~2. 7??r/)~ Deputy (Eff. 1/97) "c.;--:;!'PI~",,,, .,~ I,' ,_.,~~,u C". - - - _!Ill~."" ADDENDUM TO SUBPOENA MIKULA Vs. No. 015879 KLINGER COSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports,. x-ray r~portsi ..(;lUt-patie:;t. r.ecords physical therapy records, and any other~nforrnat~on perta~n~ng to: NAME: TERA MIKULA ADDRESS: DATE OF BIRTH: 03/14/71 SSAN: 161686026 ALL FEES MUST BE APPROVED PRIOR TO RECORDS .BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED R..mT': I hereby certify as custodian of records that, to the best o~ my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed. Date Author~zed s~gnature for HOLY SPIRIT HOSP CUMBERLAND 1'1284017-04 *** SIGN AND RETURN THIS PAGE *** ~":':--'P> . _;>,""_' ,f;'iil ,.-, '-I , ,"" po-- , . "",,-. ]P- ,.- %~~ " " '",'.~, ;o-"'~~~:r .. ~ :"';'tf'''nt~'-~'; ""'~:'ii';~~>: ~ :"1":i'i!';;f.";;'Z1;~';1f':-~,"'"'~ti~''''''"W''t''~iif~;'''''A;~j'':1i1i1~it~~ff1[r-'!''f't'; n ~~.; ~~t.:~ ;";",J..' /~ '. ~)-, ~~~: (~:' ~-CJ Pc ::z: =< ',;" -n ~..; , '''I c''') -n - -., ~.t~ :'-n .-.,It'S (':jfTl ~ 2.:J -< ':'-' C::J E:5 !SJI 1l'~'~~~IlIMJ:, ~",.~.",,"., .._",~~,rH~k'f"f~~'M'" ,'!". '."'~"'-" "":""'if'",,~,,',"'r'~~~~'~I~m~~'~~'W*'<1\W~~~!l.%,~i":i: '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TERA MIKULA, Plaintiff, Civil Action - Law VS. No. 01-5879 ALISHA M, KLINGER, Defendant. JURY TRIAL DEMANDED PRAECIPE TO: PROTHONOTARY Please mark the docket in the above-captioned matter settled and satisfied. CALDWELL & KEARNS By: Y J. C OW ,ESQUIRE Supreme Court J.D. # '157 13 '5 Attorney for Plaintiff 3631 N. Front Street Harrisburg, P A 1711 0 ':;/;01,'__' ~"- ,,~__, i',',:__c""~,.'j.",~~~,," :-.,)'." '," -~I I (pI D3 z.""- :i ij 11 t.~i,"",?~c "'-".-- "., . - . CERTIFICATE OF SERVICE AND NOW, this .jat day o~ served a copy of the within document on the following by depositing a true and correct copy of the , 2003, I hereby certify that I have same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Thomas B. Sponaugle, Esquire GRIFFITH, STRICKLER, LERMAN, SOLYMOS &CALKlNS 110 South Northern Way York,PA 17402 CALDWELL & KEARNS By (!~.J/JO<!Ad~ " >''''",.^'". "", . I" .' ,,~"<.~ '" "", ."" ,":',_, " <"',' 0 "., , ,~, ". . ~~l'1 - -~^<' ,> "'~~, "~ - T !>SI1>frnrrr '~!jr ~:'~'ij~;'('''-'(:": -":~""uJ'-Oiri"$'~~"'-: 1it'lr'~':ot'''<rrlr4'f . ... o c Z -tJ \:i-::~ n1i' z::t.; zC (J)-~/ ...:so ~;- k'--' ~~~ / -~ &4 ~lJ,1J co u.:. :;".... ~~'~ ~{~ c\. ---:"'! ,,' - ~--:-! 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