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Home My WebLink About01-06961 :. SUSAN A. NISSEL and GEORGE M. NISSEL, her husband, : Plaintiffs IN THE COURT OF COMMON PLEA$ OF CUMBERLAND COUNTY, PENNSYI)V ANIA CIVIL ACTION - LAW vs. 01-6961 CIVIL RUTH E. WEDEMEYER, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held this date were Richard Sadlock, Esqmre, attorney for the plaintiffs, and Ann Margaret Grab, Esquire, attorney for the defendant. This case arises out of a March 16, 2001, motor vehicle accident in which the vehicle occupied by the plaintiff was struck from behind by a vehicle driven by the defe~dant. The trial of this case will consist, in part, of the testimony of several phys~cians all of whom will appear via video tape. This uncomplicated trial should be of no more than two days' duration. T1he usual number of juror challenges will pertain. October 16, 2002 4.d Kevin A. Hess, J. Richard Sadlock, Esquire For the Plaintiffs Ann Margaret Grab, Esquire F or the Defendant Court Administrator :rlm -~TIQ~"".,c?,'__' ,., -,,,, ' ..c. '~' .~ ''':t 1, _', r',,~ .c_ ., ., ,-- -' " i. i _, '~~rWii'~1.-t.11f,!&,ii1i>.~lh~iffiLd.;"Mkii}t1lij~~-~1fi;i,~it'i;W.:i.P';d{W.Y.;;!i5td''il'",~>o;"_"!h~Ni4'1i'iJ"hi&~'iim~fM:lr~ik,~~jj;~!& r" ".c', r<() n~~ u~. ,,1), r i if}: <".{] CUM~~~~'i.;' ;'.~:,'. ':,(:;-:, C'(Y)I'\-JTV r CJ \ji\.'J i ul,!\f~il,\ ~ Ill! ,o~,~~ > ~_~.,,,_ ,~,<<-_"-_,r,~,_""'" _^__,_,."'~ .. .lLlil& "-';<Il~ ~'$'~ ii1 .~-~ ,~ -iiIIl!mf~'itW-""'-"'''''' Jj1JiIl"'~'"" 1lIiIr<L, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. NISSEL and GEORGE M, NISSEL, her husband, Plaintiffs CIVIL ACTION - LAW NO. 01-6961 v. RUTH E, WEDEMEYER, Defendant JURY TRIAL DEMANDED PLAINTIFFS' PRE-TRIAL MEMORANDUM I. STATEMENT OF CASE The instant action arises out of a March 16, 2001, motor vehicle accident. The accident occurred as Plaintiff Susan A. Nissel was exiting off of State Route 581 West onto State Route 15 North. The Defendant was operating her vehicle directly behind Mrs. Nissel's vehicle. Unfortunately, while Mrs, Nissel stopped for traffic proceeding on State Route 15, the Defendant failed to stop and rear-ended Mrs, Nissel's stationary vehicle. II. DAMAGES Plaintiffs seek to recover all damages recognized by Pennsylvania law including, but not limited to, pain and suffering, work loss, disfigurement, loss of enjoyment of life's pleasures, embarrassment and humiliation, and loss of consortium. 249455,I\RAS\MLB rr III. WITNESSES 1. Plaintiffs Susan and George Nissel, 220 Long Lane, York Haven, Pennsylvania; 2. Defendant Ruth E. Wedemeyer, 220 South Washington Street, Mechanicsburg Pennsylvania, (on cross-examination); 3. Janet F. Cincotta, M.D., Shepherdstown Family Practice, 2140 Fisher Road, Mechanicsburg, Pennsylvania, (via videotape deposition); 4. William Beutler, M.D., Pennsylvania Spine Institute, 805 Sir Thomas Court, Harrisburg, Pennsylvania, (via videotape deposition); and 5. Sandra E, Baker or other representative of Plaintiff Susan Nissel's employer, Pinnacle Health, P.O. Box 8700, Harrisburg, Pennsylvania. Plaintiffs will supplement this list, if necessary, in a reasonable time prior to trial. IV. EXHIBITS 1. Photographs of Plaintiff Susan Nisse1's accident-related surgical scars; 2. Medical models and diagrams; and 3. Wage Loss Summary. Plaintiffs will supplement this list, if necessary, in a reasonable time prior to trial. V. EXPERT REPORT The medical report of William Beutler, M.D., dated November 27,2001, and the medical report of Janet F. Cincotta, M.D" dated September 19, 2001, are attached hereto as Exhibit A. 249455.1\RAS\MLB c__ , ~__"___ _ VI. STIPULATIONS Plaintiffs request a stipulation as to Defendant's liability. VII. LENGTH OF TRIAL 2 days. VIII. SCHEDULING PROBLEMS None anticipated. IX. EVIDENTIARY ISSUES None anticipated at the present time, X. SETTLEMENT NEGOTIATIONS Plaintiffs demanded a tender of Defendant's $50,000 policy limit. To date, no settlement offer has been made. ANGINO & RO .C. ~ Richar adlock, Esquire I.D, No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 COlUlsel for Plaintiffs Date: October 9, 2002 249455 ' llRASIMLB '\'fi PENNSYLVANIA SPINE INSTITUTE Walter C, p'eppelman Jr., 0,0" FACOS William J, fiJeutler, M.D., FACS 11/27/2001 Richard Sadlock, Esquire Angina & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 RE: SUSAN A NISSEL Dear Atty, Sadlock: Thank you for your request of a report on Susan Nissel. I first met with Mrs. Nissel on July 13, 2001. Mrs. Nissel is a 54-year-old, right handed woman with a history of neck pain. She reports she was in good health until a motor vehicle accident on March 16, 2001. She reports being completely stopped at an exit ramp when she was struck from behind. She had some neck x-rays done and was followed up with Dr. Cincotta for her persistent neck pain after the motor vehicle accident. She denies upper extremity symptoms. She denies any numbness, weakness, or bowel or bladder changes. She reports that the pain is disabling. The pain radiates throughout her neck towards her trapezius musculature and into her suboccipital region. She followed up with Dr. Rolle for epidural injections. She had physiatry management by Dr. Michael Lupinacci. Her past medical history notes that she denied drug allergies. She works as a medical secretary at the Frederickson Center. On examination she was a bright, alert, 54-year-old woman in no acute distress. She had full strength throughout the upper and lower extremities. Sensory exam noted intact findings to pinprick, light touch, and proprioception. Reflexes were normal and symmetric. There were no pathologic reflexes. She did have pain with range of motion of her neck. MRI of the cervical spine noted moderate cervical stenosis at C5-6 and at C6-7. We reviewed her clinical and radiographic findings. We discussed the various surgical options. After our discussion she elected to proceed with surgical intervention. She felt that conservative management had not significantly relieved her symptoms. Mrs. Nissel underwent an anterior cervical discectomy at C5-6 and C6-7 with fibula allograft interbody fusion and anterior Synthes 805 Sir Thomas Court. Harrisburg, PA 17109 . (717) 540-3993 . Fax (717) 652-2630, WWW.paspineinstitute.com '''f'''':J,,~;;;,"*,'.;~E~~lIlIQ. ""--""'r '-'"-,1 , , - 1='-'" " I', . W~ J n .1'~~"'I,"'IIi!'!I!'!I"!ili"~,<I1![ A_~__' j~" . ~'~<, ~-, ",. RE:, SUSAN A NISSEL 11/27/2001 instrumentation of C5 to C7 on August 8, 2001. She did very well postoperatively. At follow-up visit on August 31, 2001, she reported that she felt better "than she ha.d in months". She noted only some mild neck tightness. X-rays a.t that time looked quite good with regard to the fusion and instrumentation. She was released to begin part-time work as of October 1st. I last met with her on November 6, 2001. At that time she reported being back to work full-time, She felt markedly improved from her preoperative status. She noted occasional neck stiffness. Her x-rays looked quite good. We reviewed concerns for the long term. She does have degenerative changes at C4-S. We reviewed proper body mechanics and signs and symptoms of a worsening situation. With regard to your questions: Future treatment will most likely not be required but it is still a distinct possibility. She does have degenerative changes at C4-S which are now under increased pressure from her fusion from C5 to C7. It is a distinct possibility that the degenerative changes could be accelerated by the presence of the fusion thus requiring fur~her surgical intervention at C4-5. Her prognosis overall is good however. I am pleased that she has progressed quite nicely postoperatively. I cannot estimate future cost of treatment as I do not know whether she will require surgical intervention at the C4-S interspace in the future. Of course these opinions are within a reasonable degree of medicall certainty. Her neck injuries appear to be directly related to he.r motor vehicle accident. She denied having any neck symptoms such as those she presented with before her accident. Please let me know if I can be of further assistance. Yours sincerely, ~.Jz.;n~ William Beutler, MD WE/sf -IO:'{I'~!Cr:C_lJ\L, ,_" '_,' _".:l!"- tI ~u ~~:"Ol" p.2 September 19, Shepherdstown Family Practice, PC 2140 Fisher Road Mechanicsburg. P.A. 17055 200 JII7'766'I795 fnx 717,697,6575 Mr. Richard A. Sadlock Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA. 17110-1708 FAX: 238-5610 RE: Susan A. Nissel DOB: 12-13-46 Dear Mr. Sadlock: This letter is written on behalf of Susan A. Nissel in regard to injury she sustained in a motor vehicle accident on March 16, 2001. Susan has been a patient of ours since October 09, 1991. To my knowledge, she has never been treated in our office or by any other physician for any problem with her neck prior to the aforementioned automobile accident. If I can provide any further information, please do not hesitate to contact my office. Yours truly, ":~d 1 ~< u-l'~;,-- i ; /. .), ,- r / ' . . . (Janet F. Clncotta, M.D. JE'C/als Joseph A CincoIT.3. MO Jane[ f CincUlIa, r..ID Car;M.Schw,ofCZ,i\.l'Cr David R _Wenner. CO Alison H. SK1.Jlcen.)\<i, ~AO Elizabem AAlINlne, Cft'<P Denise I. Hough. ('..RNP Tere'ill Oiez. aNf' Member, Heriti'lgc Med,eal Group ..-----"I!J!""'~~,~~~~ r' "'.. ."_"~._ ~ l ~ ~~, _ro.... ""'?"~~ p~T",..IIW~,,' II CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' PRE-TRIAL MEMORANDUM on the following via postage prepaid, first class United States mail, addressed as follows: Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 '-(f/onCA~ rtj}(; re.()~r./L Marcy L. B messer Date: October 9, 2002 249455.lIRAS\MLB ie, ,- €D OCT 11 2002 t.-D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PBNNSYL V ANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No. 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT, RUTH E. WEDEMEYER I. LIABILITY. This case arises out of a motor vehicle accident, which occurred on March 16, 200 I on State Route 581 at Exit 5. The Plaintiff was attempting to merge from Route 581 onto Route II and 15 North and stopped abruptly. The Defendant was unable to avoid hitting the rear of the Plaintiff's vehicle. There was no damage to Plaintiffs vehicle. There was minimal damage to Defendant's vehicle. Plaintiff alleges to have sustained a herniated cervical disc as the result of the accident. II. DAMAGES. See Plaintiffs Pre-Trial Memorandum. III. ISSUES. a. Whether Plaintiff was negligent and her negligence was a substantial factor in bringing about her injuries and damages. b. Whether the Defendant was contributorily negligent and her contributory negligence was a substantial factor in bringing about Plaintiff's alleged injuries and damages. c. The nature and extent of Plaintiff s accident related injuries. IV. WITNESSES. Defendant anticipates calling: 1. Plaintiffs, Susan and George Nissel. '>;t!'oo~_~ ", _~, = c,'_;" ,,"_ -c'~"_-,,_ ,r--_. '7~,~r:;__"^;'- ",--_~--"; , -" 1,- ~~ ~J 2, Defendant, Ruth E. Wedemeyer. 3. Dr. Robert Dahmus, Defendant reserves the right to supplement the list of witnesses upon proper notice to the Court and counsel based upon Plaintiff's deposition testimony, v. EXHIBITS. a. Plaintiff's medical records-Defendant requests that the authenticity of all records be the subject of a stipulation to prevent having to call records custodians. b. Plaintiff's tax returns c. Photographs of both vehicles. Defendant reserves the right to supplement the list of exhibits upon proper notice to the Court. VI. SETTLEMENT NEGOTIATIONS. Plaintiff has demanded policy limits. Defendant has not had the opportunity to evaluate the case in light of the fact that discovery is not complete. Respectfully submitted, GRIFFITH, STRICKLER, &CAL ---- Dated: 10 !IU/ t/y-- By: ANN MARGARET Attorney for Defendan Attorney ID No. 55986 110 South Northern Way York, PA 17402 (717) 757-7602 ,,-.n:_~_ -,''-'- ,,"" ->C-'", "-, :-~r-^;,'_ ,n ,. :---- ; ;'" )1;<' ("~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No. 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. mRY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 10th day of September, 2002, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Pre-Trial Memorandwn of Defendant, Ruth E. Wedemeyer by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire ANGINa & ROVNER 4503 N. Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & ALKINS Ann Margaret Grab, squire Supreme Court ID o. 55986 11 0 South Northern Way York, Pennsylvania 17402 (717) 757-7602 -,~:~,,,,~ . c,,,__, ,?:/"/,-,,,. "-" ., ., ;-_,_.> ,,:J:-- ." : : ',~ ; ",~"" SUSAN A. NISSEL and GEORGE M. NISSEL, her husband, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. 01-6961 CIVIL RUTH E. WEDEMEYER, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held this date were James DeCinti, Esquire, attorney for the plaintiffs, and Ann Margaret Grab, Esquire, attorney for the defendant. This case involves a rear-end motor vehicle accident. The plaintiff has recently been deposed and the defendant has requested a continuance of this case to seek an independent medical examination. Notwithstanding the strenuous opposition of counsel for the plaintiff, trial herein will be continued but with the understanding that this is the last continuance which will be granted to the defendant. An order reflecting this determination will be entered of even date herewith. August 21, 2002 filL James DeCinti, Esquire For the Plaintiffs Ann Margaret Grab, Esquire For the Defendant Court Administrator :r1m ';W~~~_. ,_,~'. _. ;.,. .'._ . ~,--"- '_""]' - '-c' ,-~.- ',- - . -", F .., -,^ ~ , - .~.~~~J!l'i_l'tt:~_.it-(~~':Kj~_~-.ft..~'i0Ai~;f'rihilb"""1~~li'Y,",j~:ji.!!!~%il!~i~~tQ~!l'iir f' -'~- ;-;~,-.~rit~'ff-:- -""!illii~~1.'4i:L li.H'f ~-'; _..",;.j;;>;"" ,2.1"" jd~--p,,'-=~_.'-"'''''' "-"-""- - "-~- wl!1ibl. F1LE[J-.iJFFICF OF ~f ,~ ~"N'I - ,1";- H.' "f "O',If'-I'A.n y ~. - . "~-' .' - )>4v' i";jl 02 ~UG 2 I At; ll: 'Ie; (..... CUMBERLAND COUNTY PENNSYLVAN!A "L. .I..,.., ,~ ." '.,c~. - "~'c 'f' 'r I'" AUG 1 6 2002 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. NISSEL and GEORGE M. NISSEL, her husband, Plaintiffs CIVIL ACTION - LAW NO. 01-6961 v, RUTH E. WEDEMEYER, Defendant JURY TRIAL DEMANDED PLAINTIFFS' PRE-TRIAL MEMORANDUM I. STATEMENT OF CASE The instant action arises out of a March 16, 2001, motor vehicle accident. The accident occurred as Plaintiff Susan A. Nissel was exiting off of State Route 581 West onto State Route 15 North. The Defendant was operating her vehicle directly behind Mrs. Nissel's vehicle. Unfortunately, while Mrs. Nissel stopped for traffic proceeding on State Route 15, the Defendant failed to stop and rear-ended Mrs. Nissel's stationary vehicle. II. DAMAGES Plaintiffs seek to recover all damages recognized by Pennsylvania law including, but not limited to, pain and suffering, work loss, disfigurement, loss of enjoyment of life's pleasures, embarrassment and humiliation, and loss of consortium. 249455,llRASIMLB 'i~ll<13"'l '..,' ~> - ~. ,',' '''''1-' , <.;:'C,!.<:.\i:lt.-,';- < , -, "" ..,--- ,~ '-.C,. '_";>:::}_:":;,,,;'_';'~'_:""';, -- -', - ;\~,~;~,{i;:,j',l ,," " 'm__;'_'~ - ,-,., "-?,- ~. ,~ - \....." '";,,~,,. -,'.,;,0.:,:,:-;>'(: .- , - ,j:~"".--.",-- :;r- ~ ,-'~ , . ~- -, , I! III. WITNESSES 1. Plaintiffs Susan and George Nissel, 220 Long Lane, York Haven, Pennsylvania; 2. Defendant Ruth E. Wedemeyer, 220 South Washington Street, Mechanicsburg Pennsylvania, (on cross-examination); 3. Janet F, Cincotta, M,D" Shepherdstown Family Practice, 2140 Fisher Road, Mechanicsburg, Pennsylvania, (via videotape deposition); 4. William Beutler, M,D., Pennsylvania Spine Institute, 805 Sir Thomas Court, Harrisburg, Pennsylvania, (via videotape deposition); and 5. Sandra E, Baker or other representative of Plaintiff Susan Nissel's employer, Pinnacle Health, P.O. Box 8700, Harrisburg, Pennsylvania. Plaintiffs will supplement this list, if necessary, in a reasonable time prior to trial. IV. EXHIBITS 1. Photographs of Plaintiff Susan Nissel' s accident -related surgical scars; 2. Medical models and diagrams; and 3. Wage Loss Summary. Plaintiffs will supplement this list, if necessary, in a reasonable time prior to trial. V. EXPERT REPORT The medical report of William Beutler, MD., dated November 27,2001, and the medical report of Janet F. Cincotta, M.D., dated September 19, 2001, are attached hereto as Exhibit A. 249455.llRASIMLB j'~ "'. <~~ :__,,;:: ,~;~; I ~~~:,1~f;f~_;~~:;~~ii~;ij~~f~i~;iz'ii~~tr;~;i2;~J~~~c~ii~i1i_$i"i~~:i~:~~;k~;~'~i;b:l~fd~,tI~;ni~k~f~:~~::rlii~f);1:~;:i-:,:;k';;~~~~j) 0'_-,_',_ , ,,", ,_ '~;-'4'::,:;-.:i~:;_":i; ,,>:-;:~;;,- ,'". , I=- !""" ;,-,,".,.--, II ' ~ ~ - 2 days. , \: VI. STIPULATIONS Plaintiffs request a stipulation as to Defendant's liability, VII. LENGTH OF TRIAL VIII. SCHEDULING PROBLEMS None anticipated. rx. EVIDENT~YISSUES None anticipated at the present time, X. SETTLEMENT NEGOTIATIONS Plaintiffs demanded a tender of Defendant's $50,000 policy limit. To date, no settlement offer has been made. ~ ANGINO & Date: August 162002 249455,l\RASIMLB .';'~-:, .,' il~n>,;:_,:.,,,,;,_;__"__ _ ___I M_,,_~_____,_ -:.' ',:: -;ij~~h,:t~;;;,\\{,0~iLd';',:)_:~~-,;,~ L!::::~~~:;3;~':j~;~~0_;: i;':;:t":1~:i.i;tt.;'-:. _~~:,: :f:,U,~_;;;'i-,,-H:~,j;;;00;;,-;,,~_-i ~ ;"~, j':';',i-: :i;":'('~~~'~::-":.L' _:,--'-"- -i I, ~ . v. c..u .1c:.;"1'.-:JF' p.2 September 19, Shepherdsto\'Vn Family Pra<:dce, PC 2140 Fisher Road Mechanicsbllrg. PA 17055 200 J!I7,766'I795 fox 717,697,6575 Mr. Richard A. Sad10ck Angino & Rovnerl P.C. 4503 North Front Street Harrisburg, PA. 17110-1708 FAX: 238-5610 RE: Susan A. Nissel DOB: 12-13-46 Dear Mr. Sadlock: This letter is written on behalf of Susan A. Nissel in regard to injury she sustained in a motor vehicle accident on March 161 2001. Susan has been a patient of ours since October 09, 1991. To my knowledge, she has never been treated in our office or by any 'other physician for any problem with her neck prior to the aforementioned automobile accident, If I can provide any further information, please do not hesitate to contact my Office. Yours truly, '"!-->--J. t -i~, ~,(;.c.. i ) /, A,}, ,.'r / ' (Janet F. cincotta, M.D. JFc/als Joseph A 011(0((3. MD )anetfOrIUJlJ:a,r,ID Gary M. Schwan:z, MD David R.'Wt.'nner.CO Alison H. Skurcenski. 'vlD EJizabed1 A.A1v.ine, CR'<P Denise J. Hough, CRNP Teresa Oiez, CRNP Member. Heritage Med!cal Croup "''''''''lll'''*''.' ~ ~ r lr. ~, --~"~ -,? . ~" ,. ~""p>,,~;!'l"! , \e~ PENNSYLVANIA SPINE INSTITUTE Walter C. Peppelman Jr., D.O., FACOS William J. Beutler, M.D., FACS 11/27/2001 Richard Sadlock, Esquire Angina & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 RE: SUSAN A NISSEL Dear Atty. Sad1ock: Thank you for your request of a report on Susan Nissel, I first met with Mrs. Nissel on July 13, 2001. Mrs. Nisse1 is a 54-year-old, right handed woman with a history of neck pain. She reports she was in good health until a motor vehicle accident on March 16, 2001. She reports being completely stopped at an exit ramp when she was struck from behind. She had some neck x-rays done and was followed up with Dr. Cincotta for her persistent neck pain after the motor vehicle accident. She denies upper extremity symptoms. She denies any numbness, weakness, or bowel or bladder changes. She reports that the pain is disabling. The pain radiates throughout her neck towards her trapezius musculature and into her suboccipital region. She followed up with Dr. Rolle for epidural injections. She had physiatry management' by Dr. Michael Lupinacci. Her past medical history notes that she denied drug allergies. She works as a medical secretary at the Frederickson Center. On examination she was a bright, alert, 54-year-old woman in no acute distress. She had full strength throughout the upper and lower extremities. Sensory exam noted intact findings to pinprick, light touch, and proprioception. Reflexes were normal and symmetric. There were no pathologic reflexes. She did have pain with range of motion of her neck. MRI of the cervical spine noted moderate cervical stenosis at C5-6 and at e6-7. We reviewed her clinical and radiographic findings. We discussed the various surgical options. After our discussion she elected to proceed with surgical intervention. She felt that conservative management had not significantly relieved her symptoms. Mrs. Nissel underwent an anterior cervical discectomy at C5-6 and C6-7 with fibula allograft interbody fusion and anterior Synthes 805 Sir Thomas Court. Harrisburg, PA 17109' (717) 540-3993 . Fax (717) 652-2630. www,paspineinstitute,com '-"~~fI--,",>r''''''"",''""",_, r - ~ _. "-~~ ~, ,.,".,.~", RE: SUSAN A NISSEL 1.1/27/2001 instrumentation of C5 to C7 on August 8, 2001. She did very well postoperatively. At follow-up visit on August 31, 2001, she reported that she felt better "than she had in months II . She noted only some mild neck tightness. X-rays at that time looked quite good with regard to the fusion and instrumentation. She was released to begin part-time work as of October 1st. I last met with her on November 6, 2001. At that time she reported being back to work full-time. She felt markedly improved from her preoperative status. She noted occasional neck stiffness. Her x-rays looked quite good. We reviewed concerns for the long term. She does have degenerative changes at C4-5. We reviewed proper body mechanics and signs and symptoms of a worsening situation. With regard to your questions: Future treatment will most likely not be required but it is still a distinct possibility. She does have degenerative changes at C4-5 which are now under increased pressure from her fusion from C5 to C7. It is a distinct possibility that the degenerative changes could be accelerated by the presence of the fusion thus requiring further surgical intervention at C4-5, Her prognosis overall is good however. I am pleased that she has progressed quite nicely postoperatively. I cannot estimate future cost of treatment as I do not know whether she will require surgical intervention at the C4-S interspace in the future. Of course these opinions are within a reasonable degree of medical certainty. Her neck injuries appear to be directly related to her motor vehicle accident.. She,. .deni~d having any neck symptoms such. as those she presented with before her accident. Please let me know if I can be of further assistance. Yours sincerely, ~..a.,;., ~ William Beutler, MD WE/sf ";;<',1\( ,~ ,. _~m - ~l -., - .,.-~- " '1' CERTIFICATE OF SERVICE I, Marcy 1. Brymesser, an employee of the law firm of Angino & Rovner, P.c., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' PRE-TRIAL MEMORANDUM on the following via postage prepaid, first class United States mail, addressed as follows: Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 ~{~~~ Date: August 16,2002 249455,l\RASIMLB \I " ,',' = ''1'~p~, --~' " S;i;c%L--k"'~;i[", : :_?"~_':' -t;;j,::;<~j,:.ii;~ (:::j;,~i::,.~:,,;;':,t:i~,'~ ;,,-:'-'ioW;C<-;:\ ,-,', - -''__._0' "., -'-' ---.",--,--- ;'-'e\c:>,.",.>;",;',,:; ~p,i;'j~i'~~-~:;;~~'fi,,1:o>~_\ '.. _,", <~;:' .-'-,,',-,--,- ~yF_<;----c_-- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SUSAN A, AND GEORGE M, NISSEL, Plaintiffs, Civil Action - Law vs. No. 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT. RUTH E. WEDEMEYER I, LIABILITY. This case arises out of a motor vehicle accident. which occurred on March 16, 200 I on State Route 581 at Exit 5. The Plaintiff was attempting to merge from Route 581 onto Route 11 and 15 North and stopped abruptly. The Defendant was unable to avoid hitting the rear of the Plaintiff s vehicle. There was no damage to Plaintiffs vehicle. There was minimal damage to Defendant's vehicle. Plaintiff alleges to have sustained a herniated cervical disc as the result of the accident. II. DAMAGES. See Plaintiffs Pre-Trial Memorandum. III. ISSUES, a. Whether Plaintiff was negligent and her negligence was a substantial factor in bringing about her injuries and damages. b, Whether the Defendant was contributorily negligent and her contributory negligence was a substantial factor in bringing about Plaintiff s alleged injuries and damages. c. The nature and extent of Plain tiff s accident related injuries. IV. OTHER ISSUES. Defendant does not believe the case should have been certified ready for trial by Plaintiff s counsel on June 12, 2002. This suit was instituted on December 10, 2001 and in the past seven months ';:~~~X~<' . ,_:~,__ H""".,,"'E' J :~L-: "' ',' ,"~-.t_->""" "., n, ",".' ,:;"':::::;t~-, c, : ' ,. ~. .' ',",'-, "'~ -,' -~ counsel has diligently pursued discovery, The Plaintiff's deposition is scheduled for August 15,2002. Counsel for Defendant anticipates an independent medical examination but wants to hear Plaintiff's deposition testimony prior to making that decision. Also, it is unclear whether Plaintiff intends to pursue an impairment to her earning capacity claim and depending on her testimony of August 15, 2002, a vocational expert may be contemplated. The case is not ready for trial and should not have been certified as such. V. WITNESSES. Defendant anticipates calling: I. Plaintiffs, Susan and George Nissel. 2. Defendant, Ruth E. Wedemeyer. 3, Independent medical examiner. 4. Vocational expert. Defendant reserves the right to supplement the list of witnesses upon proper notice to the Court and counsel based upon Plaintiff's deposition testimony. VI. EXHIBITS. a. Plaintiff's medical records-Defendant requests that the authenticity of all records be the subject of a stipulation to prevent having to call records custodians. b. Plaintiff's tax returns c. Photographs of both vehicles. Defendant reserves the right to supplement the list of exhibits upon proper notice to the Court. VII. SETTLEMENT NEGOTIATIONS. Plaintiff has demanded policy limits, Defendant has not had the opportunity to evaluate the case in light of the fact that discovery is not complete. -oj':-;-o'i .'1, . ~ -'-.>~,"ii -;~:':"~"'_,_~,~'-_~'-" /~ =:;-!'.~"'~"_~',1 _,.,_(' ,\" ~'~I'roo '," -. ." -" x-" ~ " "-'"" ",' - " " -',~" ','" __" 17"0--- . ."-,' ,- .: Respectfully submitted, GRIFFITH, STRICKLER, S LYMOS&C Dated:~ By: ANN MARGARET G Attorney for Defendant Attorney ID No. 55986 110 South Northern Way York, PA 17402 (717) 757-7602 ~, 'i'O'F.f>y:J ,o.'r '_ '. "";",,'~n~',->'r__ "-r'"'''~'_~''' ^. <,~f"f,;~:::~r ':'F, ~"":,,',0'1~ -,' "",'0,."',,", _'. ,-v.'. - .. ',.,._;" '-"- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No. 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 14th day of August, 2002, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Pre-Trial Memorandum of Defendant, Ruth E. Wedemeyer by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER 4503 N, Front Street Harrisburg,PA 17110 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS a~dJh IA,- Ann Margaret Gilb, Esquire Supreme Court ID No, 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 ~'~~~_l!j'fi - ~- -'.,,',' :._":"'~" ',-"" --,:h '-:-,',1. ':1" _ ')I.'_'r"'-".:":I'- ",:- --~'1'~':; 'l'_',_ . ,~ - ,'.--- "'oe'_" ;+ ,'~_ ,"___'~,_ ',," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. NISSEL and GEORGE M. NISSEL, her husband, Plaintiffs CIVIL ACTION - LAW NO. 01 - Co9fs:.' ei0:l1~ v. RUTH E. WEDEMEYER, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 ~~--_lIIlI'~i_- ~- -;, _' ~,-__, ;,~_; ,,_,"~,,:~,;,_, ~ ~7_--' --''-''_""',, <u~,,- ,:' >/''''f,'' _' " < ~- -} - ,1 :',C':'"'_?"--_~>" . .- ,""""~,~-',,~-^-" IN THE COURT OF COMMoN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. NISSEL and GEORGE M. NISSEL, her husband, Plaintiffs CIVIL ACTION - LAW NO. DI- b 9(", l C'o:l~~ v. RUTH E. WEDEMEYER, Defendant JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, 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 persolla 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. U steel puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMEN1E. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIEN1E DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUY A DIRECCION SE ENCUENlRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUlR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 !~'~~~~" ~~J ;,t'!!;'~"(,~':~,O"_ ,,:,'C'""'" ,"'_.~/:1 ~/;~r>~'JI~ -~'-", -, -,- '-" . .~_ . -, - _ r - P,,,' ~,< ,',-- . IIII!< ,~"~ SUSAN A. NISSEL and GEORGE M. NISSEL, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. DI- ~q~f c?;w;l y~ v. RUTH E. WEDEMEYER, Defendant JURY TRIAL DEMANDED COMPLAINT I. Plaintiffs Susan A. Nissel and George M. Nissel are husband and wife, adult individuals, and citizens of the Commonwealth of Pennsylvania, who reside at 220 Long Lane, York Haven, York County, Pennsylvania. 2. Defendant Ruth E. Wedemeyer IS an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 220 South Washington Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about March 16, 2001, at approximately 9:43 a.m., on SR 8004, Exit 5, Camp Hill, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Susan A. Nissel was operating a 1988 Dodge Aries and was exiting off ofSR 581 west onto SR 15 North, 5. At that time and place, Defendant Ruth E. Wedemeyer was operating a 1994 Nissan Pathfinder and was traveling directly behind Plaintiff Susan A. Nissel's vehicle. 239093.l\RAS\PAS ~ J,";;!.' " - <__ _1'f'>I._"1' c~"~ '"-;:-S:~~.<'-::; :,,~,;,;-'rc/".! :t . -,~>;,.r~I<:c:_~;'>-_"'_~-'_ - , -.-..., .,- . -, -~ ",;::;,_:--,"_ ,'\::r:-Y;-'~ .-- - _ ,'--- .,> " 6. At that time and place, Plaintiff Susan A. Nissel was at a complete stop at the top of the exit ramp in order to merge onto SR 15 when traffic permitted. 7. At that time and place, Defendant Ruth E. Wedemeyer operated her vehicle at a high rate of speed without paying attention to traffic and, suddenly and without warning, violently slanuned into the rear of Plaintiff Susan A. Nissel's vehicle. 8. At that time and place, a violent collision occurred between the front portion of Defendant Ruth E. Wedemeyer's vehicle and the rear portion of Plaintiff Susan A. Nissel's vehicle. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Susan A. Nissel and George M. Nissel are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Ruth E. Wedemeyer operated her vehicle as follows: (a) (b) (c) (d) (e) (f) (g) 239093,l\RAS\PAS ",!ji;-l'ii1I_t failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; failure to travel at a safe speed; failure to apply her brakes in sufficient time to avoid striking the rear of the Nissel vehicle; failure to take reasonable evasive action to avoid the accident; failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; failure to keep proper and adequate control over her vehicle; and 2 ~-"'" '~'!!I\,_ - '. ~_""_._,,,", _, _'\ _,',. :'I'-;__~C_ . .-,- --", G) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I SUSAN A. NISSEL v. RUTH E. WEDEMEYER 10. Paragraphs 1 through 9 of Plaintiffs' Complaint are incorporated herein by reference. 11. As a result of the aforementioned accident, Plaintiff Susan A. Nissel sustained painful and severe injuries which include, but are not limited to, cervical strain, neck pain and stiffuess, cervical stenosis with cervical spondylosis at C5-6 and C6-7 which required surgical intervention. 12. By reason of the aforesaid injuries sustained by Plaintiff Susan A. Nissel, she was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herselfto health, and claim is made therefor. 13. Because of the nature of her injuries, Plaintiff Susan A. Nissel has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff Susan A. Nissel has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 239093,1 IRASIP AS 3 "'"~-~,~ "",..-.,,,,".,,.,,.- "-':-,-,,,,-;-'''''',~;-~,-, "'<'. ,-",1-; '~'_,'7"",_.' ,,'-'-' --"-" '""' r 15. As a result of the aforementioned collision and resulting injuries, Plaintiff Susan A. Nissel has sustained loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 16. As a result of the aforesaid lllJunes, Plaintiff Susan A. Nissel has sustained uncompensated work loss, and claim is made therefor. 17. As a result of the aforesaid injuries, Plaintiff Susan A. Nissel has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 18. As a result of the aforementioned collision and resulting injuries sustained by Plaintiff Susan A. Nissel has sustained scars which will result in a permanent disfigurement, and claim is made therefor. 19. Plaintiff Susan A. Nissel continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM II GEORGE M. NISSEL v. RUTH E. WEDEMEYER 20. Paragraphs 1 through 19 of Plaintiffs' Complaint are incorporated herein by reference. 239093.1 \RASIP AS 4 . '-""'c.~rM,__,." '._,,"~_ ~'\" c"_.,,, ,__."i.,_",_,_ r~ "_-;"~':"::'::,I_~:'-'e~' ,;;_.4'_'_ _ ,,, ~. " _."='0 .'--, - 21. As a result of the aforementioned injuries sustained by his wife, Plaintiff Susan A. Nissel, Plaintiff George M. Nissel has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Susan A. Nissel and George M. Nissel demand judgment against Defendant Ruth E. Wedemeyer in an amount in excess of Twenty-Five Tb.ousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C,________ ) 'char . a I.D. No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: December 6, 2001 239093,) \RAs\P AS 5 ';jf~~.;,-c"~;c,,;>.<__<p_ '"'C"".-T",'_,-,,-'~_ :\V' .~;-t<e{~0- _":1 --",'~.'" ,:CO"-,-' - c.-- '>_",<,.Jl";'~:(,_>, , . -'. 1-"" <O'~'-,- ~ <_ VERIFICATION We, Susan A. Nissel and George M, Nissel, Plaintiffs, have read the foregoing PLAINTIFFS' COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. QJ:J'J)- d~ Witness )~Q~ ........SusanA. Nissel (Ldwdl~- ~rt. ltness ' ~~,/Yn'~~ George . Nissel Dated: 17/~1() I 238742.l\RASIMLB , '""-'{'!" ._ .~ _, ,f!! __. ._, -' j, ,~,' """.-' +'. . """.-'-l":"",c'Y_"::, - , ,-- ~,' ,"- ,. --'-'- """"'-, ,-'-'," '''', , "",~ -"-,, "'_~_ ,. F '_ ~"',,' _"'. _ _, .. . ,,___"__, ,.'- I ... . ~ ,-, ^. ,. "^"'h""_""';,~ "'-','_~_'.'" '0' '_"'~"":"""''' ~d.u~, " "'-,,"ic '_c' c,,";A+"~'O"'-"" ';,J<"",[;;'G/.;C~' "'-~l' 'I ~'r' C''':]i!i"'' _'JiW""-~; f:J (;:) ~ C) ... i ~ ,-~ ~ ~ <- --;:':;.'- ,:::;. ~~~;: .Cf\ C> ) ~ (f'1 , B , (=, B ........ ~ () ~ --<,.n r~ ~ ~ () <: ) f ~~~': l ....... ~r ~ '.--. ~-'.:! z: '\> --~j f:- -<. C> ~ 't ~, ..,,,.,.............'~, , ............,.."" ",lJIll..t........,'"'..,"........,~,ll~ ,,-, >~' ,);1 ~_~~_~~~~rill,@l[~:~~r~~%!i~~~_~,'" , -""-:~r--, ~J,!-- ,^-, y - ,,:"';,\~p;~~~": SHERIFF'S RETURN - REGULAR CASE NO: 2001-06961 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NISSEL SUSAN A ET AL VS WEDEMEYER RUTH E DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEDEMYER RUTH E the DEFENDANT , at 2125:00 HOURS, on the 11th day of December, 2001 at 220 SOUTH WASHINGTON STREET MECHANICSBURG, PA 17055 by handing to SONDRA KAUFFMAN, ROOMMATE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.85 .00 10.00 .00 33.85 r~ 4-#<C~e R. Thomas Kline 12/12/2001 ANGINO & ROVNER Sworn and Subscribed to before By: DQJAn1 J ~ Deputy Sheriff me '-';')"'"""",_"1'~'iW'~""~_''''~, -"""''""._- " .". ,~~ , . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No, 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.c.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire and Ann Margaret Grab, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Ruth E. Wedemeyer, in the above-captioned matter and mark the docket accordingly. BY h1 o ERT A. LERMAN, Attorney ID #07490 BY A~ h- ANN MARGARET GRAB, ESQUIRE Attorney ID# 55986 110 South Northern Way York, PA 17402 Telephone (717) 757-7602 Date: January 3, 2002 Attorneys for Defendant, Ruth E. Wedemeyer S:Jc~'~_ " ,,-' "" _ "'i',~ "";:"', "~,U'.J"- ,,"" d ,-.""--,,,--,~~. ;;e~,,~'_ "..-~t"""-;"'-,:_, ,_, " '''~''-~--'~'''''' ~~"---~..,, " , ,-------,'~ , .,'= , .. , . .<' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs, No, 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE jrd AND NOW, thisj1rcf day of January, 2002, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe fOf Entry of Appearance by United States Mail, addressed to the party or attorney ofrecOfd as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.c. 4503 N, Fmnt Street Harrisburg, P A 1711 0 (Plaintiffs' Counsel) GRIFFITH, ST C ER, LERMAN, SOL 0 & CAL,KrnJ BY: /-1/ m;J obert A Lerman, Esq i Attorney fOf Defendant, Denni Supreme Court I.D, No 07490 110 South Northern Way York, Pennsylvania 17402-3737 Telephone: (717) 757-7602 -;,..",,:., ,. '-" ::,,,':"t":;:"'<,~,_,,,,,," '~""""__'_'__'='W_"':<_'''_'_'"~ .,r.~"__',l,,,._ _'. ", ,', ,.-,<' ,~,"'" .". -~,~ " - - . ~ ~ ". - ' . '<". ,,'.-" ". -.'? ."",-"""""! ,1!i,,, ',,", '"-"-".~i"i:"'i';*';-W""''O)~;'" 0 C..) 0 C N :;;-..... -'1 'D."; c_. .-! [Tl1~'; .~ Z'"C -,-,.... ~~ y 2~[_~: ,"J ;71 (J). .,. !~~.~ -<:< ~C, ''':''1 ':J L. .". :~l; Z~3 . , "'". ~~) ( ) -C 1''-' 0 rn ~ "'-- - :;: -~ ~ -< (,.,) :::J .< .11 "", ~~>mw;t~w",;m<-"",;If";m:~l~ l~ ,: o!:!!~c~1:r~,l~,~, ) r, .~~W~hj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No. 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. mRY TRIAL DEMANDED NOTICE TO PLEAD TO: Susan A. and George M. Nissel c/o Richard A. Sadlock, Esquire 4503 North Front Street Harrisburg, P A 17110 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. AMERICANS WIlli DISABILITIES ACT OF 1990 The Court of Common Pleas ofY ork County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the county at (717) 771-9099. For those with a hearing impairment, please contactthe Deaf Center at (717) 848-2585 ext. 329 or ext. 342 TOO. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. GRIFFI1H, S1RICKLER, LERMAN, SOL YMOS & CALKINS BY: UUv'- 1h. ,~ ANN MARGARET GRAB, ESQUIRE Attorney for Oefendant Supreme Court 1.0. #55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 ~ _<,t:J'C. ",."', ' ~~'_. '_.c' =".~~ _ _~ ._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No. 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, RUTH E, WEDEMEYER 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paTagraph no. I of Plaintiffs Complaint and same are denied and strict proof thereof is hereby demanded. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that the parties were involved in an accident on March 16, 2001 at approximately 9:43 a.m., on SR 8004, Exit 5, Camp Hill, Cumberland County, Pennsylvania. The remaining allegations of paragraph 3 are denied. 4. Admitted. S. Admitted. 6. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 6 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. 7. Denied. It is specifically denied that at that time and place, Defendant, Ruth E. Wedemeyer operated her vehicle at a high rate of speed without paying attention to traffic and, suddenly without warning, violently slammed into the rear of Plaintiff , Susan Nissel's vehicle. On the contrary, it is averred that at all times relevant hereto, Answering Defendant acted carefully, lawfully and prudently. <l1.'!)f.I , '_,.'c,~{',"''''i\;,?,',~,;" .""" )-~,~ ,"--i.~~ ,,_0> ::;',-_'~" ..--;,,1"" ., ,,'-, "",~,-.' ,- ,- '~<" ;'_ -, ,--<- _', ','0', -'-~'" ;- ~_ - ,."",,-, ,", .', . ~ I, _, ,. _ "'I' 8, Denied. It is specifically denied that a violent collision occurred between the front portion of Defendant, Ruth E. Wedemeyer's vehicle and the rear portion of Plaintiff, Susan Nissel' s vehicle, On the contrary, it is averred that the impact which occurred between the two vehicles was minor at best and that at all times relevant hereto, Answering Defendant acted carefully, lawfully and prudently, 9. Denied. It is specifically denied that the foregoing accident and all the injUlfies and damages set forth hereinafter sustained by Plaintiffs, Susan A Nissel and George M. Nissel are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant, Ruth E. Wedemeyer operated her vehicle as follows: (a) failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to travel at a safe speed; (d) failure to apply her brakes in sufficient time to avoid striking the rear of the Nissel vehicle; (e) failure to take reasonable evasive action to avoid the accident; (t) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (g) failure to keep proper and adequate control over her vehicle; and U) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. On the contrary it is averred that at all times relevant hereto, Answering Defendant, Ruth E. Wedemeyer operated her vehicle, carefully, lawfully and prudently and in full compliance with the Pennsylvania Motor Vehicle Code. 2 '\\i~L A7 '-" """,,,,,,,~,~,',.,,-,-.Ri"",_<,,,,",",,, ,,~'_, ,"""_"v.,~.~ , _~_ o>~".\"" _.eo ""'"',0:;.",.,,, ",,,,,,_~,~,,,,,, c ,- ~ _" ,<,_, "_,,,~,_,,, ' ,,- , _, d _. _~ ~-. , , i!lIiilUl W~_~, " 'w == .,_ _ ,_ CLAIM I SUSAN A NISSEL v, RUTH E. WEDEMEYER 10. Paragraphs I through 9 are incorporated herein as though fully set forth at length. II. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. II of Plaintiff s Complaint and same are denied and strict proof thereof is hereby demanded. 12. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 12 of Plaintiff s Complaint and same are denied and strict proof thereof is hereby demanded. 13. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 13 of Plaintiff s Complaint and same are denied and strict proof thereof is hereby demanded. 14. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 14 of Plaintiff s Complaint and same are denied and strict proof thereof is hereby demanded. ]5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 15 of Plaintiffs Complaint and same are denied and strict proof thereof is hereby demanded. 16. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 16 of Plaintiffs Complaint and same are denied and strict proof thereof is hereby demanded. ] 7. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. ] 7 of 3 - ')!!;7"!"""'-- _ ~ ",vW'-~,n~",l'/,i""",,>r-_'_~_c,_,_. __'~ _,,~~,~p_ _"_.7~_, ,,_, 'WOo"._~' ~..,_-",,' ~" ,~_ - - ~_ ,~ ~" . ~"_ 1'-~-_. ", ~ _ ,. ~__, :''<1''''-'''- "~-, =~"^~~."~' Plaintiff s Complaint and same are denied and strict proof thereof is hereby demanded. 18. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 18 of Plaintiffs Complaint and same are denied and strict proof thereof is hereby demanded. 19. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 19 of Plaintiff s Complaint and same are denied and strict proof thereof is hereby demanded. WHEREFORE, Answering Defendant, Ruth E. Wedemeyer demands judgment in her favor and against the Plaintiff, Susan A. Nissel, together with interest and costs of suit. CLAIM II GEORGE M. NISSEL v. RUTH E. WEDEMEYER 20. Paragraphs I through 19 are incorporated herein as though fully set forth at length. 21. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 21 of Plaintiffs Complaint and same are denied and strict proof thereof is hereby demanded. WHEREFORE, Answering Defendant, Ruth E. Wedemeyer demands judgment in her favor and against the Plaintiff, George M. Nissel, together with interest and costs of suit. By way of further defense: NEW MATTER 22. Plaintiffs Complaint fails to state a cause of action against Ruth E. Wedemeyer upon which relief can be granted. 23. No act or failure to act on the part of Answering Defendant, Ruth E. Wedemeyer was a , substantial factor in bringing about Plaintiffs alleged injuries and damages. 4 t~Jit'&,;~_D, IT,,_ "'____' -~__":' .", ,'" , .N ,___"~""'< ". ,_,-r'~ ~". , .' ->,_ ". ,,~,,-, '_-','- ,., __. _'.,__,. "",,_,_ _ .._,~ _. _ 0'_'-. ~" -~ -, ---r ~l'r' 24. Plaintiffs alleged injuries and damages may have predated the motor vehicle accident or have been the result of acts or omissions by third parties over whom Answering Defendant has no legal responsibility or control. 25. Plaintiff, Susan A. Nissel was contributorily and/or comparatively negligent, which contributory and/or comparative negligence was the substantial factor in bringing about her alleged il\iuries and damages. 26. Plaintiff has not sustained serious injury as defined by Act 1990-6, 75 Pa C.S.A. ~ 1702. 27. Plaintiff's claim for non.economic damages may be barred because Plaintiff has elected a limited tort option as set forth in Act 1990-6, 75 Pa. C.S.A. ~1705(b)(3)(d). Respectfully submitted, Dated:# GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: Uvv(h. /;1 &- ANN MARGARET GRAB, ESQUIRE Attorney for Defendant Attorney ID# 55986 110 South Northern Way York, PA 17402 (717) 757.7602 5 -t~= -~, -0,_=,'. "_~'-"_,< ",~_~,__~ ~ , J VERIFICATION I, Ann Margaret Grab, Esquire, do hereby verifY that I am the attorney of record for the pleading party herein, 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. S 4904 relating to unsworn falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKlNS Dated:~Otij BY: /Jvv m J;J0 Ann Margaret Grab, Esquire Supreme Court LD. #55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 ~(~},c. l':, "''''-'.-''_~~_: ':, "'- _"'f:":, "-_0.--"', ',.~,_J~'_' >'" ,,,,,1-::_-<',', ,-.' ~,"'" ,-,- ;r; ;~ ~'i' f. . - - - - ,,, "., ''',_ - l ' " _,C' ,., 0' '","'." ,_,<,.'" _^.~, -,' i' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No. 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 10th day of January, 2002, I, Ann Margaret Grab, a member of the fIrm of GRIFFITH, S1RICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Answer and New Matter of Defendant, Ruth E. Wedemeyer by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 GRIFFITH, S1RICKLER, LERMAN, SOL YMOS & CALKIN'S ~.Jn. ~~ Ann Margaret Grab Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 :',~~:".- 01"_ ,-'1:-__,,_ ,J',., "', ',";J.." ':0.'" _' "c"_'o~ -,cc.'1.'" _c "'---~"~',"".-r'''-nr'''''_:'' "-~-t.--,~,,"-' :."' --::// '_ .7~, ,-",' __o__','r'",_,~,_ "'" .,,-,. ." ,.<<<.., - -,,~, " , ~ -,~, ~--~" '"-~"",k.i- ,"- ,--;;;., " ~-x- 'iI.C'~i"~,, .',;;-u", 'b>'o.""" "'''''l&'''!<f-;:h''''lrC~T<jt}ji'':I'~~1\:i~r'c''~r o ~.; fRf:.~~ ~:-.'-:I .<,"~ L UJ,_> rot ~S ?:S~-: :>(=~ .r:.~ ::< :~.,' ~ ~", .~"_______,,__~",, _,<~~'M''%_''~~'''I''''--' -"1'. c' _",11 _ ...~-W~L~M~"~~~-'L,,'XhC" >_"J,I:~~~~l\?'~''!.~ttl>i;i{1',:JM~~~,lJL. CJ f'0 ") ~1 '~;:t :i-:, ~:? ':J .:.':) -'-~"-"''l-,~~-' ,,[Po ---_'!'~;::; i!.'" <<. ~, " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENlNSYL VANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No. 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached verification of the Defendant for the verification of Defendant's counsel to Answer and New Matter which was filed in the above-captioned matter, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 'I Dated:~ By:~:Jm />{ ANN MARGARET 0RAB, ESQUIRE Supreme Court I.D, #55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 ',~&:Tj",. ~---' " ,,-,' '."_<c,~-~"",\,O-A('~,'-"';::<;-"'~}.'1iD,~,!:y"".),,:>_'Z'-~~-': -"<'-", '-~'I")''''1_\''V'~-'':-.!8_T'O__-:'' """!'~"."",-:c:, >,,,,.<,' ~,":,',-"'~" . ,-.." "" '~--" . ""'^' _' ',,_' __ '0,', 1-' V'" ~ ~< .\ VERIFICATION I verify thatthe foregoing facts are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date:~1 OJ- -'--, (~':=~ 7. l ~ ~~ ) Ruth E. Wedemeyer , .lJ.1It~" ,- -,' ''',- "<i,~"<~.,__e',,,,,. ,.",", '.. ~_",~"x',,<~_,,~<,"'..,' d_~~~",".."."". " _-4,0__ ,~,~, .. , F ~,. .. .. '_ _ ,_ .0 ~.. ~ ,~_, _~ -,~ -,^.. r .",,,,,,~."~, '" . . l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. AND GEORGE M, NISSEL, Plaintiffs, Civil Action - Law vs, No. 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. JURY TRlAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 23rd day of January, 2002, I, Ann Margaret Grab, a member of the firm of GRlFFITH, STRlCKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe to Substitute Verification by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 N. Front Street Harrisburg, PA 17110 GRlFFITH, STRlCKLER, LERMAN', SOL YMOS & CALKINS By:a;;Jn ~ AN1'f MARGARET6RAB, ESQUIRE Supreme Court J.D. #55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 ) ; ,] -~ -j\~~1ljl . -,""-t'__,^","l'_,_ ,~,')"<:!1~"f-~~:;r"t _ ._n._~.',C'>__,_'<,hi'",',':<:o,r:-~_~_1,_,,,_~".,,__,l~ --J-.'_'" '"""' ow,,, , " ,. _ <'_" 'y,e,'_~"'5'_- ""n.,_ _ _ _ _. . _ _,,,,,,,__,, _ ", ,,,_.,--,,,',"" , _ _,c ;_, <__, , '~,,-, "-' ,-"" "" J ,. _ _'_"~_'"1'--""_>_-:-~-"-O--"""-~ Co .,,~o __~~mrLr 'C'- ~ _;;~_,_ ',_~-'''r .j".._ ,~ -~",~"""'~, ,--,~-- ""'"1!.::='"''''''''i<'iliL'" .<i"",Y\:="'~' "_' 'U-'t';i-' ~ ........".. ~ ,.. ~""~~;;~l" ,~_~lW",__ ____.,~__ "!!!~,,-,;-:'!,,";r-,:,, ," "'~J)l!m1it_'_"'-"iT'"~~J;~'f)~]':Bi-"~:'~~:~S\'~' 0 0 ~', c: -'>.:) '.~,,,, 'Y, -'~ ~~~ '- m '-~. q;;,,\ -:;'''' ..:....-..,., -"" "-) / , ~3::': (~j r:::c) ,,- ~~~' ~2._ r,~) <.~) ""- c- ::;! =< 5:J (,j -<;: JII~m" '" ~~~~,r;1 ,- .}l~]~ii' r i ;~fJli/l!'i,!!, , 'I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. NISSEL and GEORGE M. NISSEL, her husband, Plaintiffs CIVIL ACTION - LAW NO. 01-6961 v. RUTH E. WEDEMEYER, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT WEDEMEYER AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and hereby enter the following Reply to the New Matter of Defendant as follows: 22. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it hereby specifically denied. By way of amplification, Plaintiffs' Complaint does state a cause of action against Ruth E. Wedemeyer upon which relief can be granted. 23. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it hereby specifically denied. By way of amplification, Defendant was negligent, careless, reckless and wanton in the operation of her motor vehicle as more specifically stated in Plaintiffs' Complaint. Plaintiffs incorporate their Complaint herein by reference. Further, the actions and failures to act on the part of Defendant were substantial factors in bringing about Plaintiffs' injuries and damages. 241145.lIRAS\SC ---f<;'-~' -,!,:<'- 'C':' ';:,~" _', '"' :-~-'2''',''-"'~'~'''17('"",,-, ,_,,,,,,,,,,~,,_,_,,~?_,__,~_ ,:'-' - ., ., -' '.' ,L,,_" ,~___, .'c.'__ _",~Jo/.. ~ _..__ ."W,',,,"'" y_, ,_,. ~ '"., " .r_'_ ..",,_ , "".~ _, ~ ... ~""" 24. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it hereby specifically denied. By way of amplification, all of Plaintiffs' injuries and damages were caused by the carelessness, recklessness, wantonness and negligence of the instant Defendant as more specifically stated in Plaintiffs' Complaint. All of Plaintiffs' damages are recoverable in the instant action. Further, as it pertains to unknown third parties, Defendant's averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. As previously indicated, all of Plaintiffs' injuries and damages were caused solely and directly as a result of the acts or omissions of the instant Defendant. 25. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it hereby specifically denied. By way of amplification, Plaintiff Susan A. Nissel was not negligent in any way. Therefore, the doctrines of contributory/comparative negligence do not apply herein. All of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 26. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it hereby specifically denied, By way of amplification, Plaintiff Susan A. Nissel has sustained a serious injury as defined by 75 Pa.C.S.A. S 1702. 241145.l\RAS\SC "~~li:c.;c; :' ~ '_c__. "':~~-:--':" "'_~;?'~ ~'/_ ,""_. ,'t---. '-c"~'"I~""""""~,,-w,",,,_,,,')t"~-"""'_"'~_'F~---:,- ' " ' '~_''''''o_."~_,~."_y-",,._~,,,,,-, ",.,'~~ 'c." . -.r' __, ,., . ~. T- 'I 27. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it hereby specifically denied. By way of amplification, at the time of the accident referred to in Plaintiffs' Complaint, Plaintiffs had the full tort option on their motor vehicle insurance policy. A copy of the applicable declaration page is attached hereto as Exhibit A. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in their favor against the Defendant. ANGINa & --------. ,.~ Richard A. Sadlock, Esquire LD. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: January 24, 2002 241145.l\RAS\SC ~'~~_'~c' 0.,,' " ~-,~-- I~ <:-,'1-7',,,, '0 'c"-"''''-', """'0',:;;_'(- _':;,_~,__"", ~-"_;:-I.j"'>,':''''+.t--'",:''';l:'-,!,-'h,--', "1'"'f\,,.,'- ,. ,,__ k,. ~ - ... . ,., _.,,),-,".:-,"....; ".c~"'~'~ LE"~h",_ ,,_,., ,-,'----_-_",-.__,,~_ -_~, _,,~ - ~82 -, <ll . . I r-ISURANCE OMPANIES 11/19/00 1 RENL ~ OF POLICY 8372334 R 14629 TRADITIONAL AUTOMOBILE POLICY RENEWAL DECLARATION * * EFFECTIVE 12/28/00 R 0794629 19 IF YOU HAVE )L\CY NUMBER FROM 12:01 AM R 0794629 12/28/00 (),M~ INSURED AND ADDRESS 1.,.111,..1.,11.1...111..,1.1..1,..1.1..111...11...11.,...1.11 NISSEL, GEORGE M & SUSAN ANN 220 LONG LANE YORK HAVEN PA 17370-9740 1...111...111,..1...111......11.11.,..11....1111...11,...1,.11 WILLIAM D WIERMAN 1011 BRIDGE ST NEW CUMBERLAND PA 17070-1631 " UTO 1 2 ST PA PA YR 88 86 SERIAL NUMBER SYMBOL 1B3BD46D2JF183724 06 IFABP4636GH168403 11 MAKE-DESCRIPTION DODG ARIES AMER FORD THUNDERBRD TER 011 011 NSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE OVERAGE LIMITS OF LIABILITY $100,000 $300,000 ROPERTY DAMAGE LIABILITY $100,000 NINSURED MOTORISTS- $15,000 * STACKED $30,000 NDERINSURED MOTORISTS- $~5,000 * STACKED $30,000 'IRST PARTY BENEFITS COVERAGE: MEDICAL EXPENSE BENEFIT $100,000 WORK LOSS BENEFIT $1~000 $5,000 $1,500 $100 $500 AUTO 1 91.00 ODILY INJURY LIABILITY EACH EACH EACH EACH EACH EACH EACH PERSON ACCIDENT ACCIDENT PERSON ACCIDENT PERSON ACCIDENT INCL 5.00 12.00 EACH PERSON PER MONTH MAXIMUM EACH .~PERSON DEDUC.,TIBLE D E D},~:q:t~ B L E 27.0[ 8.00 FUNERAL EXPENSE BENEFIT ITHER THAN COLLISION :OLLISION NCREASED TRANSPORTATION EXTRA EXPENSE 1.00 6.00 28.00 '~_";';".._ .~,".'A PLUS 1J , ~"~~~ijllt~:Z~ CLASS 8802205 8851205 . ~~ 2 74.00 FACTOR .74 .60 INCL 5.00 12.00 21.00 6.00 1.00 13.00 37.00 3.00 172.00 .:rUM $350.00 iJ/i~;~" . o o ItY;QjQR~; PlKEMllJ~,~~g#ifig~Io~~~~f~;tN-~'i~.8RaTE.LY.;/!}:!.1S ...1 S/N(lI, ,A.~J:LL.;,j INSUR:ED~ s CO'PY AP' 52 9/82 . . mID@ NSURANCE :OMPANIES 11/19/00 2 REN, ;L OF POLICY 8372334 R R 0794629 94629 19 TRADITIONAL AUTOMOBILE POLICY RENEWAL DECLARATION * * EFFECTIVE 12/28/00 IF YOU HAVE OLICY NUMBER QUESTIONS PLEASE CONTACT Y POLICY PERIOD ~V~~~ TO )IT.:t;1cf,:::~~"'-,,_",0,\ I 2 : 0 1 A M t"~c,$:)-U;;L 06/28/01 ,"3"""6'0'" . , 'c~' FROM 12:01 AM 12/28/00 p R 0794629 AME INSURED AND ADDRESS 1...111...1..11.1...11I...1.1..1...1.1..111...11...11.....1.11 NISSEL, GEORGE M & SUSAN ANN 220 LONG LANE YORK HAVEN PA 17370-9740 1...111...111...1,..111...,..11.11....11,.,.1111...11,...1,,11 WILLIAM D WIERMAN 1011 BRIDGE ST NEW CUMBERLAND PA 17070-1631 .PPLICABLE FORMS ORM * DATE FORM * 'POOOl 06/98 IL70l9 'P130l 12/99 AU425PL .U424PL 11/95 DATE 03/98 09/95 FORM * PP015l 153009 DATE 06/98 FORM * PP055l PP0423 DATE 06/94 12/98 FORM * PP0405 PP0419 DATE 01/88 12/98 ***************** PREMIUM DISCOUNTS ***************** 'OUR PREMIUM HAS BEEN REDUCED AS A RESULT OF THESE DISCOUNTS: *** _ MULTI POLICY *** LONGEVITY *** IF YOU CARRY COLLISION COVERAGE ON THIS POLICY, YOU MAY HAVE COLLISION COVERAGE FOR A RENTAL VEHICLE WHILE BEING OPERATED BY YOU. THIS COVERAGE APPLIES ONLY IF THE RENTAL VEHICLE IS NOT REGULARLY AVAILABLE FOR YOUR USE AND IT FALLS WITHIN YOUR POLICY DEFINITION OF A "NON-OWNED AUTO". OUR COVERAGE FOR ANY NON-OWNED AUTO IS EXCESS OVER ANY OTHER COLLECTIBLE INSURANCE. SEE YOUR POLICY FOR COMPLETEtDETAILS. {~} REQUIRED MINIM,iiM\.LIMITS 1~;;rt~. "1;}~~.~.~':i THE LAWS OF THE COMMONWEALTH OF Pa!N,Sy',LVA:NiA",.AS"$NAc!T~D BY THE GENERAL ~~~~~~~~~,~g~,.,~~~~g~,r,~trri,,~,:~J,~~,~R,j~,t~,~A,',~*f,i~~~~~~'$~fr,t,,~~~i~~),:~~~~~ls~Eg~C~~E LIMITS ,g.EQUIRED BY""kAW.,.A:RE"'PRO"IDcDi',iP.NL' " ',,;',YOUR,..R ' ' , .' ," "", "'., ENTS TO :::I:I~!~t!f!~~~i~~~~ffl!!~ttt:~~l~f~~o"o;.~tJ~~~~~ON \ . ,." {~.,. '~~~ EACH ACCIDENT BODILY INJURY, $5..,.(fn~(j,"'E'ACH i'CCIDENT PROR'ERTY. DAMAGE AND $5000 MEDICAL BENEFIT. YOUR PREMIUM AT THESE MINIMUM LIMITS WOULD BE $126.00. ~,OUl!;;fBP;f1;J:;UM2'r~Nif1fif~I~NL':E\;;T~l\!AL:f;'SEPARATELY? ','T:li IS .' IS"N EH..ABr!;'k. ( !ll! I!II !!111 !I!~ 111111111I1111111!1I1!11I1!111 illllll ~OOz60LDor* INSURED.S COPY VERIFICATION We, Susan A. Nissel and George M. Nissel, Plaintiffs, have read the foregoing REPLY TO NEW MATTER and do hereby swear or affmn that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa,c'S.A. Section 4904, relating to unsworn falsification to authorities. Y0J' m. ~,hi Witness ~/J~(] ~~~/jJ Susan A. Nissel -f(~- 7?J, , :)/Pl At Witness ~~p /m /J( ~A~ George . Nissel D"ed I /1 (v ~ 239121.1\RASIMLB '~,_,,;<~__~~,!L"jj',_ ~_ ...,_ ',. CERTIFICATE OF SERVICE I, Marcy 1. Brymesser, an employee of the law firm of Angino & Rovner, P.e., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' RJEPL Y TO NEW MATTER on the following via postage prepaid, first class United States mail, addressed as follows: Robert A. Lerman, Esquire Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northem Way York, PA 17402-3737 1l0fi&tI~ Mar 1. B messe - Date: January 24, 2002 241145.1\RAS\SC , ;-';'1~~~ "'_"PO- f!_,.",. ,~." ",-"',.., '.' -_ _ _ ~,___.("_ -_".i_''!-,~,I:' _:_M:-'O::'-',~"~-- _ -,'<"_ "c. -: -','- , . - --~. - " , _" A' o~"_"__" - - c-"I='-';"<' . ", '. ""'" -"'~ .,- ~,-, "- '"".-- '-.1 .,~ "" "', ".",""'''','M, w"'C'",,'F "'.., - ~, . ',' '" ' h ""h,'~,.-~- _ _,< .'T*,.-.' ;_"""",,^,",~,' ., '-'~-"!'" ~11 P;'~!;~~: "'..,..!!c,....,F"",..",, -"..,',.... "",RJ'!,jPJ, ,,", - .'w"" v.>' '''<'''T nU"'~-'.\.~';'=ii!ATiii:f'/)'t~~' '~I . , 0 0 ,-, C 1'.J u -~ '1 '""OR::; ~i.~_'>;o Qin:., -::--: ?2e-:; :~0 iH (",., .., N .<:. C" _..~ '::"'0 -< (-0 -< '.,;e,..'- cS f3f1 pl~"[I'lIl~lII',~"li!!llt..., ".,P~fl'\ -'-,-' 'r~yr1i ,-,,= - i':: , , I;' r< j;('" > ,~. , . , . - .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No. 01-6961 Civil Term RUTH E, WEDEMEYER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 24th day of January, 2002, I, Ann Margaret Grab, a member of the fIrm of GRIFFITH, STRICKLER, LERMA.""I, ~OL YMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents of Defendant to Plaintiffs by United States Mail, addressed to the party or attorney of record as! follows: Richard A. Sadlock, Esquire Angino & Rovner, P,C. 4503 North Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ~)n~ Ann Margaret GralS Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 ':c'___.,'---. --, -~-,_,v_""_ ,,-,' c ,_" ,,~__ _,..,_ __, ,{ ~ ,~_.______ "1 u...,,,,,. M, .....,..."u q. "--,-r,,~,~~_,_,,,~_,," - -,~, -' ~~~.. - - ,.",,,.'.,.,, ,~~.'" ,p ~ ,',,,"," ~,"~ I... ..., "'.rw~' ,."',...',.'fiiill . -- -~ft~,'.~'r-<;:'L I'j" ""''''',,'''', ""~'11'~nj'('lw" . '" '''F'.; '~t'~--lf,'l ! _ __ ';-~!t<--'t__-__D -'c_ ,',' ~ ),. Y. ,'..".,..,..,.w....., ',,., " ~~~'~~~f ,~,;))~ () c::;, c') ~ I"\) s::- '" " Ji tJ~ '- ~:::.:. -;.:Q,,' ,~'1!:; :2:-'\ i\;> 0S OJ C:f:::~ 'h':, ,~;;::~ :i> ~-<" !'v c:: "> ::=1 ~ -<:: .J::- , i: I I , I ...l~~!"1 i.Ulg~!lJ~ll~::L ,"="C', ,~'___ 'J)};'.,--_____ _ , ~ . i: ,; t.; " i::f~~~l'~. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No. 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. WRY TRIAL DEMANDED CERTDnCATE OF SERVICE AND NOW, this 19th day of February, 2002, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Defendant, Ruth E. Wedemeyer's Answers to Plaintiffs' Interrogatories by United States Mail, addressed to the party or attorney of record as follows: Richard A, Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 N. Front Street Harrisburg, P A 17110 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS Ann Margaret Grab Esquire Supreme Court ID 0, 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 ~-'"'''''.",. ". <.~--'. ",. H,." t-.,~.~,~,~ 1'., .'0'. ;,:'C'~-. '!' .-:'cr-' 1 . --'.'" ".',' r~ .'~ ..'~' :,m o,~,",'~ 00.,,0,.,,0,', """",""''< 10'_, ..- ~ '.~ ,- ~ <~ T' ~~"""w.,,~ -'1 r ' 'r'-'rf('t~'l'--i' 3~;",:~,~<,t':~i(';:"jtf:,/\iiT'1':-,'-:"~cf1Tf'flf.~-:-'-f1(~",;~,,~,(<.<!fit:";'J{t1;~; o r; lIt',> q:i{:<-- s~~ ~, .- 5): I.-~' D :\) -~'-.) r~,) ~ ~-__.r O'""'-='r.,,,=-,_~,,,,,~~L:0\,,,,-Y~^"lh' ',e-" ~;""!~' !:"-" ",,~"!, '':'''-:';,''''-'''J17''''~i'''f'f_'^'~-!':'~,"~,'''l.~<~,I''~-~'H'i'1~,_, ;~~,M~J!'~i!I'~~~~::~~J~n~, ,-,.J?JF'-~~;;7"~: _, ':'c ,~~~.: 'i'ff'~"_C" ;;t~~~ ,_,' ,'0 ~ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No. 01-6961 Civil Tenn RUTH E. WEDEMEYER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 19th day of February, 2002, I, Ann Margaret Grab, a member of the finn of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendant, Ruth E. Wedemeyer's Response to Plaintiff s Request for Production of Documents by United States Mail, addressed to the party or attomey of record as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 N. Front Street Harrisburg, P A 17110 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ~L~M Ann Margaret Grab, Esquire Supreme Court ID No. 55986 110 South Northem Way York, Pennsylvania 17402 (717) 757-7602 '-'_"',~;,",--,:"_^"r,__',w". ~_". ",,-,.,t'~"-,,:__, -.""1_ > .,. -.' -." " - " .-._~- " ~~ 1''.--''''''-'.''_ - ,.-.."!,,,,_-~,,~--;)':.i: . ,- ,," ~ -- - -",~" ""', -" '" - - 'iJ ,. "..-.~",.< - ". '. '.. ~~" ," "Iii" \,lll'" ftlfn"iif" r~j'r '.: T""T\t' [P!~}. ~fl_< .':'j~ ..;--' (") c: c::-~ t'<i "~~~ '1 ,1- "" '_"J ;'-,.) .\-:) -', "'_1 ,,,.,.. ,'.- . ". 'oO """-' ''-.b. ..,. ,e"'" ." . - '- -',~ -'""", ,,',. .,,~,- '~'_~~;]'(f:'-~~"I'J~~-,:-~~.~ ~0*1f..';i'~~\IWl_~j_:~~_., ,'" . ,lj~~~,~ :-""f!--'T~~? :;-,-J):]~~,~:---. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NISSEL & NISSEL Vs. NO, 016961 WEDEMEYER CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As Cl prerequisite to service of a subpoena(s) for documents and things pUrEmant to Rule 4009.22 ANN MARGARET GRAB, 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: 05/01/02 ANN MARGARET GRAB, ESQUIRE 110 S NORTHERN WAY YORK, PA 17402 717-757-7602 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 File #: M285740 By: Jacqueline Ciarroclchi .,::\q,,,~e""';"""""'''<~~ffiI!t "'" " ',~ " 'n ~ -~ ~;w'''!' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NISSEL & NISSEL Vs. WEDEMEYER No. 016961 TO: RICHARD SADLOCK NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 04/10/02 ANN MARGARET GRAB, ESQUIRE 11 0 S NORTHERN WAY YORK, PA 17402 ATTORNEY FOR DEFENDAN1: INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 191.3S (215) 335-4907 By: Jacqueline Ciarrocchi Enc(s): Copy of sUbpoena(s) Counsel return card File #: M285740 .....,. ';~-#'-''";'''''''''-;'''.''.__'''f''''-'i'-~~", ~ -'. -r (~ " ., - __~'''''''''''''lm''"~'' C(Mol)NWEM.TH OF, pnlNSYLVANIA a:xJNl'Y OF ~ MISSEL & MISSEL VS. Fi Ie No. 016961 WEDEMEYER SUBPOENA TO PRODUCE D.XU1ENTS OR TH I NGS FOR D I SCXlVERY PURSUANT TO RULE 4009,22 SHEPHERDS TOWN FAM PRAC, 2140 FISHER RD, MECHANICSBURG PA17055 ' TO: (Ncme of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunenb OSiiinl1:7ACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS'(;~~~ss~940 DISSTON ST., PHILA., -n--'--' You may deliver Or ~mai1 legible copies of the docunents or produce things requested h) this subpoena, tOgether with the certificateofCOlllliance, to the party making thi< request at the address I isted above. You have the right to seek in advance the reao;onab IE cost ,:>f preparing the copies or producing the things sought. ' I f you fai I to produce the docunents or things required by this subpoena within tw.enty (20) days after its serv~ce, the party serving thh subpoena may seek a court orde;' carpe l1;ng you to CO'I1> I y with it. THIS SUBPOENA WAS ISSIJEO AT THE REQJEST OF THE Fa...LONING PERSON: NA/'E: ANN MARGARET GRAB, ESQ ADDRESS: 110 ~ NnR~HF.RN WAY rOR:K, l'A 17402 215-335-3212 i "j i i , i TELEPH:lNE: SlPRE/'E COURT 'I D # ATTORNEY FOR: 55986 DEFENDANT O'/I1d'/02 BY TrE COURT: CL~ R ,e,.'.' ,;' prothonotar~lertf Civi I _(lu." () I1A,PP~:, "=1' I, Oivision ' M28574(r-01 DATE: Seal of the Court ...., Deputy (Eff, 7/97) i i I I I 1':'f';:;;<M".f"'."''''#<'''-''J%"I'!l'''''I'i- T".U ~,__, r" , ,"~ ~ , .....,....-~~,. __ffl"''''''''"~''!'''''~~''"'!! ADDENDUM TO SUBPOENA NISSEL & NISSEL Vs. No. 016961 WEDEMEYER cus~rODIAN OF RECORDS FOR: SHEPHERDSTOWN FAM PRAC ANY AND ALL OFFICE RECORDS, INCLUDING NOTE~, CORRESPONDENCE, , M;EMORANDA, X-RA'iREPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: SUSAN A NISSEL ADDRESS: 220 LONG LN YORK HAVEN PA DATE OF BIRTH: 12/13/46 SSAN: 192364643 CERTll'lliD PHOTOCOPffiS WILL BE ACCEPTED IN LffiU 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 I XRAYS have been destroyed Date Authorized signature for SHEPHERDSTOWN FAM PRAC " -.. M285740-01 U* SIGN AND RETURN THIS PAGE u* i<':';;';""'-""''''''''~~IT f- " -~ 1 - '1~~~ ~TH OF pmNSYLVANIA <nJNl'Y OF ~ NISSEL & NISSEL VS. Fi le No. 016961 WEDEMEYER SUBPOENA TO PRODUCE ooa..tENTS OR TH I NGS FOR DISOOVERY PURSUANT TO RULE 4009.22 HARRISBURG HOSP, 111 S FRONT ST,<HARRISBURG PA 17101 TO: ATTN: MEDICAL RECORDS DEPT (NlITlEl of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent~ os~nfuACIfED ADDENDUM at MEDICAL LEGAL REPROD'D'CTIONS'(A~~~ss)940 DISSTON ST., PHI:LA., I:'A You may deliver or mai11egible copies of the docunents or produce things requested b, this subpoena, together with the certificate of carp liance , to the party making thi, rilquest at the address listed above. You have the right to seek in advance the rea<;onablE ~ost of preoaring the copies or producing the things sought. I:F you fail to produce the docunents or things required by this subpoena within t\o!enty (20) days after its serv~ce, the party serving thi~ subpoena may seek a court orde,' o::rrpel1ing you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REOOEST OF THE ,FOLLCNlING PERSON: NAI'E: ANN MARGARET GRAB, ESQ AOORESS: 11n ~ NORTHERN WAY IELF-PHONE: SU'RB'E OOJlT I D # ATTORNEY FOR: YORK, n 1 ?4SZ 215-335-3212 55986 DEFENDANT Division M285740-02 ()J{./ /S /02 DATE: Sea 1 of the Court ''"'' Deputy (Eff. 7/97) ~fr*k:r,l"''''k,..,."..__""_,,,~~ . r '~_ ~"..,......". ~~ ADDENDUM TO SUBPOENA NISSEL & NISSEL Vs. No. 016961 WEDEMEYER CUSTODIAN OF RECORDS FOR: HARRISBURG HOSP Any and all hospital records, including microf~lm, microfiche.,. emergency room reports,'x~ray reports, out-pat:lent records phys:lcal therapy records, and any other information pertaining to: NAME: SUSAN A NISSEL ADDRESS: 220 LONG LN YORK HAVEN PA DATE OF BIRTH: 12/13/46 SSAN: 192364643 i: ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ :I RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ :I 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 Author1zed s1gnature for HARRISBURG HOSP ~ M285740-02 *U SIGN AND RETURN THIS PAGE u* "1"~!I\li("""",'ti''''*E~~"""",, ~ ~t.~,_"I-m1 I T <X>!oHlNWEALTIl OF p:alNSYLVANIA roJNl'Y OF CUMBERIAND NISSEL & NISSEL VS. Fi Ie No. 016961 WEDEMEYER SUBPOENA TO PRODUCE DOCl.J'ENTS OR TH I NGS FOR D I SO:>VERY PURSUANT TO RULE 4009.22 HOLY SJ;>IRIT HOSP,' 503 N 21ST ST,' CAMP HILL PA 17011-2204 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Ent i ty) W'ithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'l os~n]{tTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTJ:ONS'(A~fe'ss'940 DISSTON ST., PHILA., -Px--'--' You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together' with the certificate of carpliance, to the party making thi, request at the address listed above, You have the right to seek in advance the rea sonab \ ~ cost of pre9aring the copies or producing the things sought. l'f you fai I to produce the docunents or things required by this subpoena within t"'!enty (20) days after its serv~ce, the party serving thh subpoena may seek a court orde.' c:arpelHng you to carply with it. TH I S ,SUBPOENA WAS I SSUED AT THE REQ..eST OF THE FOLLCN/ I NG PERSON: ,NA/'E:, ANN MARGARET GRAB, ESQ ADDRESS: "0 ~ NORTHERN.WAY .~"'OltK. FA 17402 TELEPHONE: stPREl'E CXlURT I D # ATTORNEY FOR: 215-335-3212 55986 DEFENDANT BY THE COURT: Division M285740-03 D'I /15'/02 DATE: Sea I of the Court ......" Deputy (Eff, 1/97) ,"ifiif~l,r:if.'1f1W~""l'''';;'~~rJ" I ~~~ ,t, 1- ,'l' " .-, ~ ADDENDUM TO SUBPOENA NISSEL & NISSEL Va. No. 016961 WEDEMEYER CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP Any and all hospital records, including microf~lm, microfiche . emergency room reports,'x-rayr~ports, <;>ut-pat~ex;t.records phys~cal therapy records, and any other ~nformat~on perta~n~ng to: NAME: SUSAN A NISSEL ADDRESS: 220 LOl'lG LN YORK HAVEN PA DATE OF BIRTH: 12/13/46 SSAN: 192364643 ALL JFEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ I 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. [ :I 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 ( ) RECORDS, / XRAYS have been destroyed X~RAYS Date Authorized s~gnature for HOLY SPIRIT HOSP -. M285740-03 * U SIGN AND RETURN THIS PAGE ** * '('i:--_"~"O':C""K-""'''_,",''''l'~~. '"'" -r . r'~,' ~~ ~I~" ~Fl, il d ___v, ,~ <::oMM)NWEl\LTH OF PENNSYLVANIA COl.lNrY OF aJMBElUANQ NISSEL & NISSEL VB. Fi le No. 016961 WEDEMEYER TO: SUBPOENA TO PR<lOl.k:E OOCLt1ENTS OR TH I NGS FOR OISCX>VERY PURSUANT TO RULE 4009.22 POLYCLINIC HOSP, 2601 N 3RD ST ' #2, HARRISBURG PA 1711.0-2004 1I'f'I'T\T. M'RnTf"IIT. RJ;:coRns DEPT (Na-ne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doct..ment", or things: SEE ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONSfA~6S1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the ~ts or produce things requested h\ this subpoena, together with the certificate of caTl>1iance, to the party making thi, request at the address 1i sted above. You have the right to seek in advance the rea sonab 1 E cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within tlrlenty (20) days after its serv~ce, the party serving thi!l subpoena may seek a court orde,' c:arpelling you to carply with it. TH I S SUBPOENA WAS NAI-E : ADORESS: I SSUEO AT THE REQUEST OF TI-iE FOLLOtII NG PERSON: liNN MlI.RGARET GRAB, ESQ 1.1.6 g NOR'l'lIEIlN WAY YORK, PA 17402 TELF:PH:)NE: SlN'REf'oE ~T 10 # ATTORNEY FOR: 215-335-3212 . t;t;CJR6 DEFENDANT BY ll-lE COURT: M285740-04 b'I / 1$"/ 02 Prot il Division DATE: , S,ea 1 of the Court Deputy '-...., (Eff. 1/97) <",,";"'9'iiJ""-'~""'-"'!'~"'ll':1~JF'!lll~~ ~ rw ~_~ ~, !-,. I ,-"'~ --~r - "'""4 ~~ ",'"Il';llI_~,_, ""_'i';l!i ADDENDUM TO SUBPOENA NISSEL & NISSEL Vs. No. 016961 WEDEMEYER CUS'I'ODIAN OF RECORDS FOR: POLYCLINIC HOSP Any and all hospital records, including microf~lm, microfiche . emergency room reports , x-.ray reports, out-patIentrecol:'ds physIcal therapy records, and any other information pertaining to: ' NAME: SUSAN A NISSEL ADDRESS: 220 LONG LN YORK HAVEN PA DATE OF BIRTH: 12/13/46 SSAN: 192364643 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 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 Authorized sIgnature for POLYCLINIC HOSP Date -., M285740-04 * * * SIGN AND RETURN THIS PAGE * * * "";,~?i~'~;"""jt';<'''A.'~_"",*''_-'~~ f ,. '-F:" a:H()miE7U.TH OF pENNSYLVANIA COONl'Y OF, ~ NISSEL & NISSEL Vs. File No. 016961 WEDEMEYER SUBPOENA TO PROOl.lCE DOCl..t1ENTS OR l1-l1 NGS FOR D I StXNERY PURSUANT TO RULE 4009.22 SEIDLE HOSP, 120 S FILBERT ST, MECHANICSBURG PA 1705.5-6539 TO: A'I"I'N. MRnrr'll.T, RECOlU)SDEPT (Name of Person or Ent i ty) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent~ or things: SEE ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONSfA~ss'940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested h\ this subpoena, together with the certificate of carpliance, to the party making thit request at the address listed above, You have the right to seek in advance the reao;onab IE cost of preoaring the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoena within tw.enty (20) days after its serv~ce. the party serving 'chi<; ~;ubpoena may seek a court orde.' o:rrpelling YOlJ to carply with it. l1-l1 S SUBPOENA WAS NA/'E : ISSUED AT iHE REQUEST OF l1-lE FOLLCWING PERSON: ANN MAR,C"'..AR1IT-QRAB, ESQ AOORESS : llll 3 NOR'filERN WAY YORK, FA 17402 215-335-3212 ,. TELEPHONE: SUPREt-E COURT I D# ATTORNEY FOR: <;<;qRIi DEFENDANT BY THE OOJRT: Division , M285740-05 DATE: 0</115"/02 Sea 1 of the O:lurt Deputy ....... (Eff, 7/97) '<;',"r~-"~';-"''''''*''"'_~mr, N -4-_~ ~ _ . '-'f- '"', " - ADDENDUM TO SUBPOENA NISSEL & NISSEL Vs.. No. 016961 WEDEMEYER CUSTODIAN OF RECORDS FOR: SEIDLE HOSP Any and all hospital records, including microf~lm, microfiche . emergency room reports, x-ray reports, out-pat~ent records phys~cal therapy records, and any other information pertaining to: NAME: SUSAN A NISSEL ADDRESS: 220 LONG LN YORK HAVEN PA DATE OF BIRTH: 12/13/46 SSAN: 192364643 ALL FEES MUST BE APPROVED PRIOR to RECORDS BEING FORWAlRDED. ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATFACHED 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 VAlLABLE: 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 SEIDLE HOSP ',"", M285740-05 *** SIGN AND RETURN THIS PAGE *** 'F2'Hi"%",,',"-""''"'-,,_....'''_J;1li1.,~ .fc;l't p, ,. " "~ I ~TH OF palNSYLVANIA a:xlNl'Y OF ~ NISSEL & NISSEL VS. File No. 016961 WEDEMEYER SUBPOENA TO PROOOCE DOCU1ENTS OR l1-Il NGS FOR 0 I S())VERY PURSUANT TO RULE 4009.22 COMMGEN OSTEOHOSI?,4300 LONDONDERRY RD, HARRISBURG I?A 17109 TO: ;!\'I''T'IIT. MRnTC';!\T. RECORDS DEI?T ' (Nsne of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following docunent!'l or things: SEE ATTAClIEDAD~ at MEDICAL LEGAL REPRODUCTIONSfA~ss'940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certificate of ccm:>liance, 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 producing the things sought. ,f' you fai I to produce the docurents or things required by this subpoena within t"lenty (20) days after its serv~ce. the party serving thh ~;ubpoena may seek a court orde;' compelling you to comply with it. l1-IlS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO//ING PERSON: NA/"E: ;!\lIThT M;!\]?(.ll\.RRT GRAB, ESQ ADDRESS: 110 g NORTUERN WAY YORK, I?A 17402 215-335-3212 TELEPH:lNE: SUPREI'E CXllKlT 10# ATTORNEY FOR: c;"QR6 DEFENDANT BY THE COJRT: Division M2B5740-06 0'1/'15/02 DATE: Sea I of the Court Deputy "'t (Eff. 1/97) ,):ih;!<1>R",:',:"'m,~~ ,," -I ~\ -, . ,~ ADDENDUM TO SUBPOENA NISSEL & NISSEL Vs. No. 016961 WEDEMEYER CUSTODIAN OF RECORDS FOR: COMM GEN OSTEO HOSP Any and all hospital records , ip.cluding microf~lm, microfiche, emergency room reports, x"ray r~ports, <?ut-pat~er:t.records phys~cal therapy records, and any other ~nformat~onperta~n~ng to: NAME: SUSAN A NISSEL ADDRESS: 220 LONG LN YORK HAVEN PA DATE OF BIRTH: 12/13/46 SSAN: 192364643 ALL :FEES MUST BE APPROVED PRIOR TO RECORJ}S BEING FORWARDED. - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ J 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 bate Authorized s~gnature for COMM GEN OSTEO HOSP --., M285740-06 *** SIGN AND RETURN THIS PAGE *** _'t~,~._~~,;W""~""_""'fp.1;>;H'~^"''l'o/m'1i'';;'''',,,,~~,",,,,,,,,,,.< _P.i'<ID1.l'! 'S"1. _ _ II. ~ _ _ ~~ " .. . . =~~ ....__ W !'~' ,~ ~TH OF palNSYLV1\NIA a:xJNrY OF ~ NISSEL & NISSEL VS. Fi le No. 016961 WEDEMEYER : SUBPOENA TO PROOUCE DClCU1ENTS OR TH I NGS FOR OISOOVERY PURSUANT TO RULE 4009.22 . DR MICHAEL LUPINACCI AND, DR WILLIAM ROLLE, 175 LANCASTER BLVD BX 2028 TO: MECHANICSBURG PA 17055 (N!Ille of Person or Ent ity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE A at MEDXCAL LEGAL REPRODUCTION~Ad~s)4940 DXSSTON ST., PHXLA., PA YCAl may deliver or mail legible copies of the docunents or produce things requested h) this subpoena, together with the certificate ofcarpliance, to the party making thiz request at the address 1 isted above. You have the right to seek in advance the reasonable cost elf preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce, the party serving thin !;ubpoena mall seek a court orde.' t:CITPe 11 ing you to carp Iy with it. IHfS SUBPOENA WAS NAI'E : ADDRESS: ISSUED AT THE REOOEST OF THE FOLlCIHING PERSON: ANN MARGARET GRAB, ESQ 1:1Cl 0 NORTHERN WAY YORK, PA 17402 iElEPH:JNE: SUPR8'E CXlURT ATTORNEY FOR: . ID# 215-335-3212 55986 DEFENDANT BY THE CXlURT: M285740-07 DATE:. iW//.!t/02 Prot Seal of the Court Deputy ...... (Eff. 7/97) ""i0G-'ii~"!'-;:"""')''''-f',':t"mJI\~~ .'.' , , . ! ADDENDUM TO SUBPOENA NISSEL & NISSEL VS. No. 016961 WEDEIIIIEYER CUSTODIAN OF RECORDS FOR: DR MICHAEL LUPINACCI AND ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY.EXAMINATIONOR.TREATMEN'r RENDERED TO: NAME: SUSAN A NISSEL ADDRESS: 220 LONG LN YORK HAVEN PA DATE OF BIRTH: 12/13/46 SSAN: 192364643 cERTU'lliD PHOTOCOPIES wn.L BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ J 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 Authorized signature for DR MICHAEL LUPINACCI AND --., M285740-07 *** SIGN AND RETURN THIS PAGE *** ';"Yi~>'~"""'''''''<'''4"''''Illl/';,.C3l1i!!;.~( ~)\11< <_,< f" . . _M_ -I ,'-'1-- -",- -, ,. " . , . <nMJNWE!ILTH OF PalNSYLV1\NIA a:xJNrY OF aJMBERIANI> NISSEL & NISSEL Vs. Fi Ie No. 016961 WEDEMEYER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'l or things: SEE A at MEDXCAL LEGAL REPRODUCTION~A~)4940 DXSSTON ST., PHXLA., PA You may deliver or mail legible copies of the docunents or produce things requested h\ this subpoena, together with the certificate. of carp Hance, to the party making thiz request at the address listed above. You have the right to seek in advance the reasonab IE cost of prej:laril'lg the copies or producing the things sought. . If you fail to produce the documents or things required by this subpoena within tw.enty (20) days after its servke, the party serving thh ~,ubpoena may seek a court orde.' o::rrpelling you to carc:>ly with it. THIS SUBPOENA WAS NAME: ADDRESS : ISSUEO AT THE REQUEST OF THE FOLLOHING PERSON: ANN MARGARET GRAB, ESQ lle 0 NORTHERN WAY YORK, PA 17402 215-335-3212 TELEPH:lNE: SUPREI-E CXlURT 10 # ATTORNEY FOR: SSQR6 DEFENDANT M285740-0B BY THE CXlURT: DATE: 0'1/15'102 Seal of the Court "r -,I,"~;':":"'"''i'''''"-'''''H''''''''''''~_lWP"~r r.~, - f"T' - r ", ~ . ~ - '!' - ~' ~ivision Deputy (Eff. 7/97) , . ADDENDUM TO SUBPOENA NISSE:L & NISSEL Vs. No. 016961 WEDEMEYER CUSTODIAN OF RECORDS FOR: DR WILLIAM BEUTLER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES,CORRESPO!'IDENCE, MEMORANDA, X-RAY~PORTS, HISTORY ~OTES, INDEX. CARDS ANDAiNYOTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: SUSAN A NISSEL ADDRESS: 220 LONG LN YORK HAVEN PA DATE OF BIRTH: 12/13/46 SSAN: 192364643 . .. cERTIFlED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ J RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that; to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Author~zed signature for DR WILLIAM BEUTLER Date .."-., M285740-08 *** SIGN AND RETURN THIS PAGE *** ";"P-'<fWi("'\,~,'n,..ill);~,~ 1': ~ [1lj,I!nmJI'I\l. ~ ~ 'L- , - - r~ ',F , " ~TH OF PENNSYLV1\NIA 0JlJNlY OF aJMBElUAND NISSEL & NISSEL Vs. Fi Ie No. 016961 WEDEMEYER SUBPOENA TO PRODUCE oca.t1ENTS OR lrt I NGS FOR 0 I SCX>VERY PURSUANT TO RULE 4009.22 TO: KEYSTONE SPINE CTR, 1521 CEDAR CLIFF DR, CAMP HILL PJI,17011 (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'l or things: SEE ATTACHED ADDENDUM at MEDXCAL LEGAL REPRODUCTXONStA~~ss~940 DISSTON ST., PHXLA., PA You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certiftcateofcarpliance, to the party making thiz 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. I f you fail to produce the docunents or things required by this subpoena within t\o!enty (20) days after' its serv~ce, the party serving thin subpoena may seek a court arde,' carpelling you to carply with it. lrt I S SUBPOENA WAS NAl'E : ADDRESS: ISSUED AT THE REQUEST OF THE FOLLOHING PERSON: nNN MnRr.ARRT GRAB, ESQ TELEPHONE: SUPREME COURT ATTORNEY FOR: . 10 # 116 S NOR'i'II-ERU WAY YORK, PA 17402 215-335-3212 C;<;9R6 DEFENDANT Division M285740-09 O<{ ll!>~ /02 DATE: Sea I of the Court Deputy --.,. (Eff. 1/97) ""'"~'''N"!;Yt''_~~~ 0 c -, _ _ __ rt F .. ' , ADDENDUM TO SUBPOENA NISSEL & NISSEL Vs. No. 016961 WEDEMEYER CUSTODIAN OF RECORDS FOR: KEYSTONE SPINE CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, . CORRESPONDENCE., MEMORANDA,X-RAY REPORTS, HISTORY NOTES, INDE.X CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDEREP TO: NAME: SUSAN A NISSEL ADDRESS: 220 LONG LN YORK HAVEN PA DATE OF BIRTH: 12/13/46 SSAN: 192364643 CERTJJt'lliD PHOTOCOPIES WILL BEACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN . COMPLETE AND RETURN ] RECORDS ARE A1TACHED HERETO: I hereby certify. as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ J NO DOCUMENTS A VAlLABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS ( ( PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized s~gnature for KEYSTONE SPINE CTR --., M285740-09 *** SIGN AND RETURN THIS PAGE *** ,':~'~-<,-"_,__,:,",,,,,.c,_~~~ , ,-- .~ ]lf~_,"_"., nf11fJiY~:::< . - ~- '-- ')' -- -'C>"- ~""'~'"~-'''' "<. ,"',,", -- '.'d ,-' ~',,"' -"'-""';-'.'.."""",' ~'l' '4'~------"'=""''';;''~___'<C''' '---'"<-'--;~=\("'"fI'iT<'~'r'~mil1"'.<iiT'r~~-;i'J!f~~'i'_W'iii'rIf~0 _,)J!,;;:JJli~ii!lffIJf.~!*Slf"Wk~~illI~lW!;!1i~-,;g'~~I'W'!i~~;w.~'dYA"#"0'"'~J'''!.j[,~-F''"",.k ,1,-- C) C,-') ~;~ v ._, , l L_~ \ ~~) ') :=) f0 ,,-rJ I -' :D -< ~ ] 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 v, ( ) (X) ( ) Trespass (Motor Vehicle) SUSAN A. NISSEL and GEORGE M, NISSSEL, her husband Plaintiffs Trespass Other RUTH E. WEDEMEYER, Defendant The trial list will be called on August 13, 2002. Trials commence on September 9, 2002. Pre-trials will beheld on August 21, 2002. (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 01-6961 Civil Indicate the attorney who will try case for the party who files this praecipe: Richard A. Sadlock, Esquire, Angina & Rovner, P,C. 4503 North Front Street, Harrisburg, PA 17110 Indicate trial counsel for other parties if known: Ann Margaret Grab, Esquire, Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way, York, PA 17402-3737 / This case is ready for trial. , a ock, Esquire 248234.1\RASIMLB ~-"l'''''@\-f'j~Wl'''''~ _ ~ '<_:1ll1. -'-f' -1'"'.'; - _T~ e. ~, " ~ ~ '>. ,'.>>.w .,."'H >>..>..>~.>. """">1''':'''': '-'. - ):t'I~ll!"mtl'f:'51,,'O ,,-.-. lli''llill Jill>> 0 0 0 C N -n 5: i:::: c:cJ -at)) ti!~ mrn ..- ZJJ ~;~:'~8 zc ~~ en ':~}t~; 1<C -0 l''':!:\ ~f;.~; .-;," \:~6 - r:- <,:::.p..... PC ~ Z :> ~ Xi ~ -<: \tJ -< f;; "_C'I' .,~ _ '_,,~-'':',___~',~ ,_"~~~HfJ1<i[>l'!$~"!;;-'--!fhh",rl;';~?$ij,~""",....~~~~_1l.I~nJ~_,I!l~f[J-UfiI~" SUSAN A. NISSEL and GEORGE M. NISSEL, her husband, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. .01-6961 CIVIL RUTH E. WEDEMEYER, Defendant ORDER z.1'" AND NOW, this day of August, 2002, on motion of counsel for the defendant, trial herein is continued. The Prothonotary is directed to list this case for the civil term commencing November 4, 2002. This continuance is granted to give the defendant the opportunity to schedule an independent medical examination. It is not anticipated that there will be a further request for a continuance from the defendant. BY THE COURT, __ James DeCinti, Esquire For the Plaintiffs ) I' 0 p.le s l-~_ :u- Cl,., \e d. ~~ '" Ann Margaret Grab, Esquire For the Defendant r J e yl~llfJ;;;" Court Administrator -/LOMe( d..€-.{A/M.f;.Jltl'\ -;1.-. "rn . :rlm :',~~~il\\<HL ,~._, ~ ~ . .,' '''''''c_..? - ',"0,,-,- -"'f.~"' ;_.",..,.: '.'f I 'I " ., ~' ., \- ~ -~ -~~ i;1i.f''Jtd'f y' w,;~'~~~~~~~,,,. .JIL ~ ,- ," ..._.; ."i-<ii:J~:";~7",J,~'=~"~,-i',,. ','"" c_ ',:*,;;c.,l:lli\~""l!>i(j'~!k~ .. "lil1!:,~&;,~,:><':_'!:,,~~i.c,,-;;',;- . =~ R',-_~ ~.~,< ,," "<.""" ;, ''''',,'''''~'.~ , "~"" ,0",;__' >. < ,~ ,.>' ~.-~~" -"~ :-Jl~l ~~_I~~iiI~ 'l'r~-""" ._",.".."~.,,, . ".,.". , 01: Ti.~I.fD"ql'}7CE , '" 'i: p'o'J IUnU,.,. -IA'RY , ''''''1'''1 < 02 AVa 2 I AM II: 25 CU~~ffs~yg1iv~UNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. and GEORGE M, NISSEL, Plaintiffs Civil Action - Law vs, No. 01-6961 Civil Term RUTH E, WEDEMEYER, Defendant Jury Trial Demanded NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Ann Margaret Grab, Esquire, counsel for Defendant, intends to serve a subpoena identical to the subpoena 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 subpoenas. If no objection is made, the subpoena may be served, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: ANN MARGARET RAB, ESQUIRE Attorney for Defendant Supreme Court LD. No, 55986 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A, and GEORGE M, NISSEL, Plaintiffs Civil Action - Law vs. No, 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant Jury Trial Demanded SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009,27 To: Community General Osteopathic Hospital, Radiology Department, 4300 Londonderry Road, Harrisburg, Pennsylvania 17109 (Name of Person or Entity) Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all MRI films and/or x-rays pertaining to Snsan A, Nissel, SS# 192-36-4643, Date of Birth 12/13/46. at 110 South Northern Way, York, PA 17402 (Address) You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or produ<:ing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Ann Margaret Grab, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT 1D:55986 ATTORNEY FOR:Defendant NAME: ADDRESS: By the Court: Date: Prothonotary/Clerk, Civil Division Deputy :','-~'fu-~~~~'~'_ , ,"_ . ',',,,_." . '--""f'-"',-~' " " ~- - '1-""', - h ,. - ,- -~ <'. ''"7T ,'- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. and GEORGE M. NISSEL, Plaintiffs Civil Action - Law vs. No, 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this 27th day of August, 2002, I, Ann Margaret Grab, a member of the firm of GRIFFIlH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Intent to Serve a Subpoena by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino & Rovner, P,c' 4503 N, Front Street Harrisburg, P A 1711 0 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ",~~~I..':' , ..' p~,~ '~"-",Y,"" "-.-"":"'.'7,, '_'l,,:,.-."'\' d,' .,. '_.J_ "'1'__ L"-' ^,"~" "'_--'-- .'2M.. ,_,~ , " -"~',<'~'- ~~"'WY".","n,' ,w",'",,_,,_ '->~~.""riflnillIllfT . ~v 0 n, ,~_. C r"-..J ~:f~ <- -a{-)' ".. 52E)-t c"_ rS z~~ f>.,) '--", m)" " ()'.) :>c:i ~cS -'0 ~J~~ ~O :1"; :s-o c ~ Ofn -, ::'oj :::> ~ -<; .c- -< I I "4_~,~.~,_,,' ':'f':~' .' "' ,,~~'J!!I~~i~*":'W-"''''~~'W-'~~~I!,'!iMll:___'_~''_yX~~~.Qr, ,~; r;_h:1;:,-!q';1-,:-;;,~;j ,_~",,~_,,~, ..__~ ~""~.__ ~ .~"__ ,.;,-"." ,,_h'~_ _"~'~_"";"" __"o"'~ "'>t~') ~< \,,:J),.l,_,_ _' _ iF!' 11 ,- ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. and GEORGE M, NlSSEL, Plaintiffs Civil Action - Law vs, No. 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant Jury Trial Demanded NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Ann Margaret Grab, Esquire, counsel for Defendant, intends to serve a subpoena identical to the subpoenas that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas, If no objection is made, the subpoena may be served. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: --- ANN MARGARET G Attorney for Defendant Supreme Court LD, No. 55986 110 South Northern Way York,PA 17402 Telephone No. (717) 757-7602 '~_:!1f,ll!i" - ,~--, '(~"--'3~~-:-;~,_?'-\ F-, '"""~""'!" "3"-'~"'-;- "'!"k"" " , ",_,_'___'.' _ o,__~_ _ ' '....~ .. , "-'1 ;tt- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA SUSAN A, and GEORGE M. NISSEL, Plaintiffs Civil Action - Law vs. No. 01-6961 Civil Term RUTH E, WEDEMEYER, Defendant Jury Trial Demanded SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27 To: Pennsylvania Spine Institute, Radiology Dept. 805 Sir Thomas Court, Harrisburg, P A 17109 (Name of Person or Entity) Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all MRI fIlms and/or x-rays pertaining to Susan A. Nissel, SS# 192-36-4643, Date of Birth 12/13/46. at 110 South Northern Way, York, PA 17402 (Address) You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Ann Margaret Grab, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Wav, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID:55986 ATTORNEY FOR:Defendant NAME: ADDRESS: By the Court: Date: Prothonotary/Clerk, Civil Division Deputy i11-,-e=,_ '~"- ,"c, u ~~_~_cn:"': ,;."'[",v ,,,,7, -)1')- "1-- u 1 ,- ;-'--" ..... _2 , . . .. . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. and GEORGE M, NISSEL, Plaintiffs Civil Action - Law vs, No, 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant Jury Trial Demanded SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009,27 To: Fredricksen Outpatient Center, 2015 Technology Parkway Mechanicsburg, P A 17050 (Name of Person or Entity) Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all MR1 fihns and/or x-rays pertaining to Susan A. Nissel, SS# 192-36-4643, Date of Birth 12/13/46, at 110 South Northern Way, York, PA 17402 (Address) You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Ann Margaret Grab, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID:55986 ATTORNEY FOR:Defendant NAME: ADDRESS: By the Court: Date: Prothonotary/Clerk, Civil Division Deputy ~f~'~, " ~ - '''''7'"-~;'o: .-~~-' ,-_,,/-~",: ','''\1''~-~{f:'-''_~--''''T'< ~-i .",."., "i -',1"'-""-'! '. '-- . . , "'~' ,,' -~ ,- - .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. and GEORGE M. NISSEL, Plaintiffs Civil Action - Law vs. No, 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant Jury Trial Demanded SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 - 4009.27 To: Harrisburg Hospital, III South Front Street, Harrisburg, PA 17101 (Name of Person or Entity) Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all MRl films and/or x-rays pertaining to Susan A. Nissel, SS# 192-36-4643, Date of Birth 12/13/46. at 110 South Northern Way, York, PA 17402 (Address) You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or produc:ing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Ann Margaret Grab, Esquire GRlFFITH, STRlCKLER LERMAN, SOL YMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID:55986 ATTORNEY FOR:Defendant NAME: ADDRESS: By the Court: Date: Prothonotary/Clerk, Civil Division Deputy f;-"~m!l!jl;%ih~-,"'~Jil~ -~-- ,-"""''',C - "c",-"~,,,__~___,_ ,~_ 'j~li'_" ,,"" "' <. . .fT -'.' ~~ .'-'f' ".' --.0'",'- ," .-.- L<lj~[\~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. and GEORGE M, NISSEL, Plaintiffs Civil Action - Law vs. No. 01-6961 Civil Term RUTH E, WEDEMEYER, Defendant Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this 28th day of August, 2002, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certifY that I have this date served a copy of the Notice of Intent to Serve a Subpoena by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino & Rovner, P,C. 4503 N, Front Street Harrisburg, P A 1711 0 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & C LKINS Ann Margaret Ora Esquire Supreme Court ID No. 55986 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 '~"'""--'." ~;f- - --'-<;-'-"~''-''-'-'~'"'' '''1'':'''';,10.' 'r,' )., ~.-~.,,"_., ' " -.^'- P'" ., c.......<,"_.., .~"""' -~-,-- ;,~~ "~- ". (") 0 () c: P,,-,) ,,- "n 1:)1<:';;:::' (,I) rI1'"-^~ p, ZQ.: -0 ".,--\ ,-::-- zE" I ..-":2:1 (f) !.... Gc -(~-: .-,} ".,- ~C; ;;>. ",:!~' )..~() ::r "- z .' ~,"O;: (~ pC) ~ t;-;1 t:.)tT'\ "-, ~ .j.- Xl -< ~ ,o._~~~~;>?~;;F_"'f'+~!lf_"~~~~J,.;~}l~~![M...."ff1.__l&!fJ\""",... __~ , , ~ . , .' "" -,__c"~~:~!~;,, . ,~-" -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. AND GEORGE M. NISSEL, Plaintiffs, Civil Action - Law vs. No, 01-6961 Civil Term RUTH E. WEDEMEYER, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 12th day of September, 2002, I, Ann Margaret Grab, Esquire, a member of the firm of GRIFFITII, STRICKLER, LERMAN, SOL YMOS & CALI)lNS, Esquires, hereby certifY that I have, this date, served a copy of Videotape Deposition Notice of Dr. Robert Dahmus, by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino & Rovner 4503 North Front Street Harrisburg,PA 17110 GRIFFITII, STRICKLER, LERMAN, SOL YMOS & CAL S BY: Ann Margaret Grab, Esq e Attorney for Defendant Supreme Court LD. # 55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 J~$~~ . f- ~,,~ 0,' '~ c-, . <..,: , -~'---~:"'-'--"', ~r- - 9""<'~'" , . p'; .. .. .. . "("~ - 9 ~ ;R~! --;;>-,-, r~S~ r.:':',' ---,--:, ~~~~ ,~ ---, ._:::, ~ ._ o,....".~ r. .' !. - _ r "Y/;;'"ro;:",J,J""'!~:l),_'~,,~, ",-,,:!)O},!_'D~~~iIIN!~,~~)!' c:;., f\,,) ~ ~'a c.) :-{ ~~i'" ~Jl __J ___t, ~F;':' =< #; ,_"rsr _'j ~_~_lW._.." it~r~,-: - - SUSAN A. NISSEL and GEORGE M. NISSEL, her husband, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW vs. 01-6961 CIVIL RUTH E. WEDEMEYER, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held this date were Richard Sadlock, Esquire, attorney for the plaintiffs, and Ann Margaret Grab, Esquire, attorney for the defendant. This case arises out of a March 16, 2001, motor vehicle accident in which the vehicle occupied by the plaintiff was struck from behind by a vehicle driven by the defendant. The trial of this case will consist, in part, of the testimony of several physicians all of whom will appear via video tape. This uncomplicated trial should be of no more than two days' duration. The usual number of juror challenges will pertain. October 16,2002 /I.d Kevin A. Hess, J. Richard Sadlock, Esquire For the Plaintiffs Ann Margaret Grab, Esquire For the Defendant Court Administrator :rlm -";'{''li\'fll"",'(,j_~Jl~ ., . I",' ._~"". 1 ~-.- l~ :<_:lli.flrI{[~.~~~~""i-~~!lt%~~~~lt:!:g.~0r*",;,_; (;-0,-,1",<',-' - <"_"_.';Jk"";H-illili1!.Mi,\I~.J)__--" "-.<.-"'-~i-"~!~.m.:!~i! dm lar'" ~ RY 0:; nr"T _ ur,_, / I~ ~ 'I' ... r.d' J " ...., (j .. h.;..~)..:. CUi\t:'6(};'i) ;'''(t I 1\/ PEr.' . ~"<.A'J,, '~i',!.s\'LVAi\JiA ' """,,""!~J!!~cl~),\l)j~, l!!!l!L". ,c,~"",~"," -- , ~ ~~ . 'Hif ' ". , .,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. NISSEL and GEORGE M, NISSEL, her husband, Plaintiffs CIVIL ACTION - LAW NO. 01-6961 v. RUTH E. WEDEMEYER, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued and issue a Certificate of Settlement. '.7 Richard ,Sad , sqUIre LD. No. 281 4503 N. Front Street Harrisburg, P A 1711 0 (717) 238-6791 Counsel for Plaintiffs Date: October 31, 2002 cc: Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northem Way Yark, P A 17402-3737 252881.1 IRAS\MLB '~i;,s:~.tJ.^, " ,~,I ,- i ,;~, ,,;:~;,,;,-- ~"', ',-:", i"" -"_, ,~;.--" ,c-';'_''',_,I - '--;";::,',_~" 'r -.,'-,-'.f'"' ~ ~ "~"' ,O_"""~~'i'_~"""=c,-,",,,N"'P_ ,,,,:?;'1'_:::-:' '0__' .... "' ~~, '-'-'-',.' ~_',.;u_, "-"::"_""w,<",,_r,"~,~_'''_~' };', "" '-~:;1!>~d",-" ,-., J[iC~J1it""-'lTl~f1'iJ () S -aO'~' qjC~~-: ~S:-: ~i );.",--- ?;t=:' p'- :-"::, ~ ~<.: c;.;< ;---,3 ,-' ~ ~:; -= 2!. ~,'? ('. .' :D -< (5 fH _~ ~""",~,i~imJ.I)li11;ffll~(,"~~_~,~ ;_r~m~~;~_'I,.__~,~ _"_ ~!!!i.>._~~?~~~,_:,_~~' -:,,,--,< "''iF;C'R_,,,<:-,,'''''''3#,"tfV~,,'''"TI';:'7:';, "C'-' -,~----,_,,-, .,-: _ " " -',- -:' .: ~~:;' ,-_ ~ _< : _