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HomeMy WebLinkAbout99-06153 (2) t got", 4 44} . . y c `4 } y y !Yi(' r 'own 300 Y .. C `" W ? 4 M i ?? t 1 C If tt??a?W? f s T f?Lae J?r i' ! n G. om, 4Yr QNSAT W2; c. ,.a t ty k > u 1 ?q tLA ' i s t F t- 3 PI} °?*? F t h ?x V q ? y rx»= f t F" _#\ }x it t it`gyM.?ry 1 j WW W? Rj" s Wd e . 4 AST h F t? t t t l?? t ? t, .? ? t * ?' 'x s=it ?- > f 9 l ? 0 t y S ?J?i Y44'T s d L n? a e*+ 1? 4 i k tr SAS .: t - ? 6 T ;. 4 ?A t? + y f` ?r. ry A?? i y i 1 2?1! 3 ? ?y r ? rr' ? xk t +iP yt? t xf t/= ? s tkEyt ` j 4 'r , ?x. _ r '? r ? 9 ! ? ?, "- J 4 TOO, _ ! 1?4aTr? ? 9 s i ! y l e .? ?' Y.? tsY?.. An t t - 1 'S t i I 4t- t ! ro ! 4 ' A £ ' f r ge 4 t ' r # S ?x 4 ay l? t < y S N Yi ?L:r y ?b 1} d i r? KIMBERLY M. DEITER 1615 Clover Lane York, PA 17403, Plaintiff V. WULF D. BRAND P.O. Box 3061 Newport News, VA 23603 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. (yl_r„1.a3Civil7ERp1 1999 JURY TRIAL DEMANDED FRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against the Defendant, Wulf D. Brand, in the above-captioned matter. Service of the Writ upon the out of state Defendant will be attempted by mail in accordance with the Pennsylvania Rules of Civil Procedure relating to service of original process outside the Commonwealth, Rules 403 and 404, and will be mailed to the last known precise address of Defendant as follows: Wulf D. Brand, P.O. Box 3061, Newport News, Virginia 23603, by Certified Mail, Return Receipt Requested. An Affidavit of service is attached hereto and once service upon Defendant is effected, formal Affidavit of Proof of Service will be filed of record. LAW OFFIC S OF JOSEPH A. KLEIN, P.C. 1 By: C !1w I Mark S. Silver, Esquire I.D. No. 09825 100 Chestnut Street, Suite 210 P.O. Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Plaintiff Date: October 7, 1999 ?t b ?n CV a. r i c m Q1 fi 00 cr. 16 (h u cL I1 ¦ KIMBERLY M. DEITER IN THE COURT OF COMMON PLEAS OF 1615 Clover Lane CUMBERLAND COUNTY, PENNSYLVANIA York, PA 17403, Plaintiff CIVIL ACTION - LAW V. No. M+&153 Civil-TECP\ 1999 WULF D. BRAND P.O. Box 3061 JURY TRIAL DEMANDED Newport News, VA 23603 Defendant AFFIDAVIT OF SERVICE I, Mark S. Silver, Esquire, being duly sworn according to law, hereby say that on October 7, 1999, I sent via U.S. mail, Certified Mail No. P 234 040 759, Return Receipt Requested, addressed to Defendant, Wulf D. Brand, at his last known precise mailing address at P.O. Box 3061, Newport News, Virginia 23603, the attached Writ of Summons as issued by the Prothonotary of Cumberland County, Pennsylvania, this date. Said service upon Defendant Wulf D. Brand is made in accordance with the Pennsylvania Rules of Civil Procedure, Rules 403 and 404, relating to service of original process outside the Commonwealth. Mark S. Silver, Esquire JOSEPH A. KLIEN, P.C. 100 Chestnut Street, Suite 210 P.O. Box 1152 Harrisburg, PA 17108 (717) 233-0132 Date: October 7, 1999 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN Sworn to and subscribed before me this day of October, 1999, by Mark S. Silver, Esquire. N t ry Public "GWW sew - {bComo'?sbnEWhea npr. lS.4dM 1emdK. pW ll{)R,hit6 A.=t+ m d NOW" i ?' . ? \ Commonwealth of Pennsylvania County of Cumberland Kimberly M. Deiter 1615 Clover Lane York, PA 17403 Va. Wulf D. Brand PO BOX 3061 Newport News, VA 23603 Court of Conunon Pleas No. _.29-- 6153 - Civil -Term- --------- 19 ------------- In _ Civil Action - Law ----------------------------------' Wulf D. Brand You are hereby notified that _________________________ Kimberly__M:._Deiter the Plaintiff ha a commenced an action in ------------- against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date __October 7th ----------- 19.22 •-------- ----------- ------' ---------°°--- 11 roth notary I m F H 0 •I 4 N u A e Ln . ? H A A W ?G 3 d z 3 a . 1 C 0 .,4 L u a U a a v Y N N N a .. i co aaa1 o 0 d .a W ? ON . ? •h ? N $4 U) W 44 P 0 :O > ? N ~ • W W N .0 NW C 92 iCN O U 0 4 I? A n W 3o•+ Ia to to 0 7 R to r- ra -1 En =. R e rvrr7 KIMBERLY M. DEITER 1615 Clover Lane York, PA 17403, Plaintiff V. WULF D. BRAND P.O. Box 3061 Newport News, VA 23603 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-6153 Civil 1999 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Mark S. Silver, Esquire, being duly sworn according to law, hereby say that on October 7, 1999, I sent via U.S. mail, Certified Mail No. P 234 040 759, Return Receipt Requested, addressed to Defendant, Wulf D. Brand, at his then last known precise mailing address at P.O. Box 3061, Newport News, Virginia 23603, the attached Writ of Summons issued on said date by the Prothonotary of Cumberland County, Pennsylvania. Said service upon Defendant, Wulf D. Brand, was attempted in accordance with the Pennsylvania Rules of Civil Procedure, Rules 403 and 404 relating to service of original process outside the commonwealth. On or about November 12, 1999, I received by return mail the original envelope postmarked October 7, 1999, bearing Certified Mail sticker and Return Receipt card Number P 234 040 759, stamped by the Postal Service, "Unclaimed - From 23603 Returned to Sender", further stamped "First Notice 10-13; Second Notice 10-20; Returned 10-28;" also stamped "Nov. 12, 1999". In accordance with Rule 403(1) of the Pennsylvania Rules of Civil Procedure, on November 24, 1999 I mailed the following to a 1 later discovered street address for Defendant Wulf D. Brand (958 Lacon Drive, Newport News, Virginia 23602): a true and correct copy of the Praecipe for Writ of Summons; the actual Writ issued by the Prothonotary of Cumberland County, Pennsylvania; and a photocopy of the face of the returned Certified mail envelope bearing original postmark October 7, 1999, all sent both by regular U.S. mail and Certified mail, Return Receipt Requested in further i attempt to effect service upon Defendant Wulf D. Brand in Newport News, Virginia, and in his capacity as an out of state defendant. Mark S. S lve , Esquire JOSEPH A. KLIEN, P.C. 500 North Third Street, 7th Floor P.O. Box 1152 Harrisburg, PA 17108 (717) 233-0132 Date: November 24, 1999 OMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN I L day to and subscribed before me this aQ) Lay of November, 1999, by Mark S. Silver, Esquire. )ITotary Publial i Noma sw nw, tanw,NwaryAke wmrowm.aw+r rL•A Ny Cmw+wa + : ;.. A V +h YD.v Vds 2 ,Gi L c ? LJJ f ch cn . .. . KIMBERLY M. DEITER 1615 Clover Lane York, PA 17403, Plaintiff V. WULF D. BRAND P. 0. Box 3061 Newport News, VA 236031 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-6153 Civil 1999 JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the attached Writ of summons in the above captioned civil action in accordance with Pa. R.C.P. 401. Mark S. Silver, Esquire I.D. No. 09825 Joseph A. Klein, P.C. 500 North Third Street Seventh Floor Harrisburg, PA 17101 (717) 233-0132 ATTORNEY FOR PLAINTIFF Dated: January 7, 2000 rr of r~ 1:',_ n u:, r 11 ? ;? a KIMBERLY M. DEITER, Plaintiff V. WULF D. BRAND, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6153 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Wulf D. Brand, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER By: 11a.».XXS'R David J. Freed. Esquire Ally. I.D. #76622 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this -9 x_ day of 2000, 1 hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same In the United states mails, postage prepaid, addressed to: Mark S. Silver, Esquire JOSEPH A. KLEIN, P.C. P.O. Box 1152 Harrisburg, PA 17108 Respectfully submitted, NEALON & GOVER By: David J. Freed, Esquire Atty. I.D. #76622 301 Market Street - 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 '_ 'p 1 ? J A . 11J ' ? )??' :. it „ . 1 ?. f i Y [i. ? -- ' ?\I ; ?I: t , ? ? « `u?a , r ?: ?L :,tom _ 't? _? c? ._ KIMBERLY M. DEITER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6153 WULF D. BRAND, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please Issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted, NEALON & GOVER By: i David J. Freed, Esquire Ally. I.D. #76622 301 Market Street - 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 am TO THE PLAINTIFF: A Rule Is hereby Issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: Y" . of aoo() Pr thonolary I CERTIFICATE OF SERVICE AND NOW, this day of 2000, 1 hereby certify that I have served the foregoing Praecipe to File a Complaint on the following by depositing a true and correct copy of same in the United states mails, postage prepaid, addressed to: Mark S. Sliver, Esquire JOSEPH A. KLEIN, P.C. P.O. Box 1152 Harrisburg, PA 17108 Respectfully submitted, NEALON & GOVER By: % David J. Freed, Esquire Atty. I.D. #76622 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 KIMBERLY M. DEITER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6153 WULF D. BRAND, CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please Issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. 0 TO THE PLAINTIFF: Respectfully submitted, NEALON & GOVER By:_ ?----A 3, David J. Freed, Esquire Atty. I.D. #76622 301 Market Street - 9th Floor P.O. Box 865 Harrisburg, PA 17108.0865 (717) 232-9900 A Rule Is hereby Issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: jao os, a0o f -..) ?) Z'e3a' Prothonotary 67- . 1 ? l CERTIFICATE OF SERVICE AND NOW, this 41 day of January, 2001, 1 hereby certify that 1 have served the foregoing Praecipe to File a Complaint on the following by depositing a true and correct copy of same In the United states malls, postage prepaid, addressed to: Mark S. Silver, Esquire JOSEPH A. KLEIN, P.C. P.O. Box 1152 Harrisburg, PA 17108 David J. Freed, Esquire r -?rf 0 M0 G? a < a Z Q n J > 0 < > y N Z o z € a m m g 40 0, 0 Z R a < N W p Z; NQ x Mw?11u.AD NIIO•Mf11u•1$ filly :OM11Y01 7M'TMIHM4M?L11? IN bIIdIV.gY TN11 lilts IN .. . KIMBERLY M. DEITER, IN THE COURT OF COMMON PLEAS OF Plniniq CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WULF D. BRAND, No. 99-6153 Civil 1999 Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is 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 and property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 249-6200 KIMBERLY M. DEITER, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WULF D. BRAND, No. 99-6153 Civil 1999 Defendant JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en Ins paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de In denanda y In notification. Usted debe prensentar una apariencia escrita or en persona o por abogado y archivar en In cone en forma escrita sus defenses o sus objeciones a Ins demandas en contra de su persona. Sea avisado que si usted no de difiende, In cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en In peticion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos imprtantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIANTEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME PORTELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse (717)249.6200 0 KIMBERLY M. DEITER, P/nlnf?ff V. WULF D. BRAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-6153 Civil 1999 JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff Kimberly M. Deiter by her attorneys, Joseph A. Klein, P.C., and files this Complaint against Wulf D. Brand, Defendant, upon a cause of action more fully set forth as follows: 1. Plaintiff Kimberly M. Deiter is and was at all times relevant hereto an adult American citizen of the Commonwealth of Pennsylvania, residing on the date of the instant motor vehicle collision at 1529 Sixth Avenue, York, York County, Pennsylvania 17403; currently residing at 1615 Clover Lane, York, York County, Pennsylvania 17403. 2. Plaintiff Kimberly M. Deiter became married to Craig H. Deiter on August 29, 1998, and the latter is and was at all times relevant hereto an adult American citizen of the Commonwealth of Pennsylvania, residing after the date of marriage to Plaintiff together with her at 161.5 Clover Lane, York, York County, Pennsylvania 17403. 3. Defendant Wulf D. Brand is and was at all times relevant hereto an adult American citizen who maintained a mailing address of P. O. Box 3061, Newport News, Virginia 23603, 4. The within civil action was commenced by Praecipe for Writ of Summons, the same filed with the Office of the Prothonotary of Cumberland County, Pennsylvania, on October 7, 1999, docketed to No, 99-6153 Civil Term, 1999. The Writ of Summons issued by the Office of the Prothonotary of Cumberland County, Pennsylvania, was subsequently timely reissued several times and on February 5, 2000, service of the same was effected upon and accepted by David 1-I. Freed, Esquire, then of the law firm of Nealon & Gover, in his capacity as attorney for and/or authorized agent of Defendant Wulf D. Brand, in conformity with Pennsylvania Rule of Civil Procedure 405 relating to 3 "Service Outside of the Commonwealth", such service further confirmed by the "Acceptance of Scrvice' signed and dated by said David J. freed, Esquire, attached hereto as Exhibit "A incorporated herein by reference. 5. The events giving rise to the instant cause of action occurred Monday, October 13, 1997, at or about 4:00 p.m., in the right, westbound lane of Pennsylvania Traffic Route 581, at a point thereon cast of the exit ramp leading from State Route 581 onto U,S. Route 15 North, in either the Borough of Camp Hill or the Township of Hampden, Cumberland County, Pennsylvania. 6. At all times relevant hereto, and at the location herein involved, Pennsylvania Traffic Route 581 was a four (4) lane divided highway, providing two (2) lanes for travel in the eastbound direction and two (2) lanes for travel in the westbound direction, separated by a median divider, together with an exit ramp for westbound traffic leading therefrom onto U. S. Route 15 North (Camp Hill). 7. At the aforesaid time and place, Plaintiff Kimberly M. Deiter was lawfully operating her 1993 Honda Civic LX automobile bearing Pennsylvania registration number AJV4677, in a westerly direction on Pennsylvania Traffic Route 581, and in the right lane thereof, and was approaching the exit for westbound traffic thereon leading onto U.S. Route 15 North (Camp Hill), had engaged her right turn signal to exit at a point along Pennsylvania Traffic Route 581 further to the west and onto U.S. Route 15 South, and at the time of doing so observed that on the roadway ahead traffic had slowed and come to a stop, when Plaintiff Kimberly M. Deiter applied her brakes and came to a stop in the line of traffic in the right westbound lane of Pennsylvania Traffic Route 581 at a point east of the exit ramp leading from said Route 581 onto said U.S. Route IS North (Camp Hill). 8. At the aforesaid time and place, Defendant Wulf D. Brand was operating his station wagon bearing Virginia registration plate TEUTON I in a westerly direction along Pennsylvania Traffic Route 581 and in the right lane thereof, and behind and to the rear of the westbound vehicle operated by Plaintiff Kimberly M. Deiter. 9. At the aforesaid time and place, as Plaintiff Kimberly M. Deiter's vehicle was stopped and/or creeping forward in a line of stop-and-go traffic in the right, westbound lane of traffic on Pennsylvania Traffic Route 58 1, Defendant Wulf D. Brand caused the vehicle lie was then and there operating to collide suddenly, violently and without warning directly into the rear of the vehicle operated by Plaintiff Kimberly M. Deiter. 10. The aforesaid rear-end collision into the vehicle operated by Plaintiff Kimberly M. Deiter by that operated by Defendant Wulf D. Brand was caused solely by, and was the direct, proximate, sole and exclusive result of the negligence, recklessness, and carelessness of the Defendant Wulf D. Brand and was not caused in any manner whatsoever by any act or failure to act on the part of Plaintiff Kimberly M. Miter. 11. The negligence, recklessness, and carelessness of Defendant Wulf D. Brand, in causing the aforesaid collision consisted of his: (a) Failure to operate and control the vehicle with due care; and (b) Failure to keep alert and maintain a proper lookout for the presence of other vehicles lawfully on the highway, and (c) Failure to have his vehicle under adequate and proper control so as to avoid striking Plaintiff's vehicle; and (d) Failure to stop, change direction of, or otherwise avoid impact with the vehicle ahead, operated by Plaintiff, within the assured clear distance ahead, in violation of 75 Pa. C.S.A. Section 3361; and (e) Failure to allow a safe distance between vehicles and in failing to operate Defendant's vehicle with due regard for the speed of the vehicles and the traffic upon and the condition of the highway in violation of 75 Pa. C.S.A. Section 3310; and (f) Continuing to operate his vehicle in a direction toward Plaintiff's vehicle when Defendant saw, or in the exercise of reasonable diligence, should have seen that further operation of his vehicle in that direction would result in a collision, and (g) Failure to sound a horn or give other warning of the approach of Defendant's vehicle; and (h) Failing to operate the brakes in such a manner so that Defendant's vehicle could be stopped in time to avoid the collision with Plaintiff's vehicle; and (i) Failing to avoid striking the vehicle operated by Plaintiff when Defendant saw or, in the exercise of due care, should have seen Plaintiffs vehicle was on the road immediately ahead of and in full, unobstructed view of the Defendant; and 0) Failing to operate his vehicle around Plaintiffs vehicle instead of colliding into it; and (k) Operating his vehicle with careless disregard for the safety of persons or property in violation of 75 I'a. C.S.A. Section 3714; and (1) Operating Defendant's vehicle upon the highways and streets of the Commonwealth of Pennsylvania in utter disregard of the rights and safety of others lawfully upon such highways; and (m) Failure to operate Defendant's vehicle at a speed which was reasonable or prudent under the conditions, giving due regard to the actual and potential hazards then existing, in violation of 75 Pa. C.S.A. Section 3361; and (n) Continuing to operate Defendant's vehicle in a westerly direction in the right westbound lane of Pennsylvania Traffic Route 581 and toward the Plaintiffs vehicle when Defendant saw, or in the exercise of reasonable diligence, should have seen that further operation in that direction would result in a collision; and (o) Failure to operate Defendant's vehicle in an attentive manner and failure to maintain a sharp lookout on the road ahead for surrounding traffic conditions; and (p) Failure to avoid colliding into the rear of Plaintiffs vehicle when the Defendant saw or should have seen that Plaintiffs vehicle was on the road immediately ahead of Defendant and was preceding in a westbound direction immediately ahead of Defendant, was in a stop and start mode due to the creeping traffic conditions toward the exit ramps ahead, and was in full, unobstructed view of the Defendant at all times relevant hereto; and 6 (q) Such other acts of negligence as discovery may reveal and Plaintiff plead by amendment. 12. As a direct, proximate, sole and exclusive result of the negligence of Defendant Wulf D. Brand, in causing the aforesaid collision, Plaintiff Kimberly M, Deiter sustained the following multiple, serious, severe, and painful injuries, some of which are of a permanent nature and include but are not are not limited to; (a) Injuries and damages in and about the muscles, ligaments, tissues, vessels, nerves, and bones of the head, neck, back, chest, shoulders, arms, hips, legs, knees, and hands; and (b) Severe strain and sprain to the cervical, lumbar, thoracic and sacral spine; and (c) Myalgia; and (d) Muscle spasm resulting in straightening of the normal lordotic spinal curve; and (e) Severe pain and discomfort as a result of the bruises and contusions, sprain and strain to the cervical, thoracic, lumbar spine and sacral spine areas; and (t) Radiating pain and discomfort throughout the musculature of the cervical, thoracic, lumbar and sacral spine resulting in limited range of motion of the cervical spine, thoracic spine, lumbar and sacral spine, together with resultant and associated pain, discomfort, muscle spasm; and (g) Multiple levels of cervical, thoracic, lumbar, and sacral spinal pain and discomfort and resultant rest rictions/limitations on full range of motion of each; and (h) Severe pain and discomfort and radiating pain and discomfort throughout both the left and right shoulders and left and right arms, extending down and through the thoracic, lumbar, and sacral spine which pain, discomfort and limitation on range of motion extends to and through both left and right hips; and (i) Recurrent and intractable headaches; and 7 0) Pain, discomfort and restrictions/limitations on the full range of motion of Plaintiff's cervical, thoracic, lumbar and sacral spine, extending throughout the duration of Plaintiff's pregnancy, and thereafter in maintaining and caring for her son, born September 11, 2000; and (k) Such other general pain and discomfort resulting from the injuries sustained, treatments, diagnostic studies and tests performed, physical therapy attended, and recuperative periods following thereafter. 13. As a direct and proximate result of the sole and exclusive negligence of the Defendant Wulf D. Brand in causing the collision as aforesaid, and Plaintiff Kimberly M. Deiter to sustain the injuries set forth in Paragraph 12 of this Complaint, incorporated herein by reference, Plaintiff Kimberly M. Deiter has incurred in the past and may in the future continue to incur costs and expenses for medical care and treatment, some portion of which may exceed the sums recoverable under the limitations as set forth in the Motor Vehicle Financial Responsibility Law, Act of February 12, 1984 (P.L. 26, No. 11) as amended, 75 Pa.C.S.A. Section 1711, et seq, and claim is made therefor. 14. As a direct and proximate result of the sole and exclusive negligence of Defendant Wulf D. Brand in causing the collision as aforesaid and Plaintiff Kimberly M. Deiter to sustain the injuries set forth in Paragraph 12 of this Complaint, incorporated herein by reference, Plaintiff has suffered a permanent impairment of her earning capacity and the loss of future earnings, which sums may not be recoverable by Plaintiff' Kimberly M. Deiter under the provisions of the Motor Vehicle Financial Responsibility Law, as amended, and claim is made therefor. 15. As a further direct and proximate result of the sole and exclusive negligence of Defendant Wulf D. Brand in causing the collision as aforesaid and Plaintiff Kimberly M. Deiter to sustain the injuries set forth in Paragraph 12 of this Complaint, incorporated herein by reference, Plaintiff has undergone mental and physical pain and suffering, anguish, humiliation, and loss of life's pleasures, with limitations on her pursuit of ordinary daily activities, all to her great loss and detriment, and claim is made therefor. 16. As a further direct and proximate result of the sole and exclusive negligence of Defendant Wulf D. Brand in causing the collision as aforesaid and Plaintiff Kimberly M. Deiter to sustain the injuries set forth in Paragraph 12 of this Complaint, incorporated herein by reference, Plaintiff does presently and will in the future undergo mental and physical pain and suffering, anguish, humiliation, loss of life's pleasures, with limitation on her pursuit of ordinary daily nctivities, all to her great loss and detriment, and claim is made therefor. WHEREFORE, Plaintiff Kimberly M. Deiter makes claim for and demands judgment against Defendant Wulf D. Brand in an amount in excess of Twenty-five Thousand ($25,000.00) Dollars excluding interest and costs as further claimed, an amount in excess of any jurisdictional amount requiring compulsory arbitration. JOSEPH A. LEM,1'.C. By: Mark S. Silv r, s ire Atty No.: 09825 500 North Third Street, 7w Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiff Kimberly M. Deiter Date: I I-L v 1 01--- KIMBERLY M. DEITER IN THE COURT OF COMMON PLEAS OF 1615 Clover Lane CUMBERLAND COUNTY, PENNSYLVANIA York, PA 17403, Plaintiff CIVIL ACTION - LAW V. No. 99-6153 Civil 1999 WULF D. BRAND P.O. Box 3061 JURY TRIAL DEMANDED Newport News, VA 23603 Defendant ACCEPTANCE OF SERVICE I, David J. Freed, Esquire, of Nealon & Gover, Attorneys for Defendant Wulf D. Brand, hereby accept service on behalf of Defendant Wulf D. Brand of both the original Writ of Summons and the reissued Writ of Summons filed against him by Plaintiff. I hereby certify that I am specifically and generally authorized by said Defendant to accept service on his behalf of both the original Writ of Summons and the reissued Writ of Summons and all subsequent pleadings. This Acceptance of Service further certifies that service as effected upon the undersigned of said original Writ of Summons and the reissued Writ of Summons is considered for all purposes to be timely and in accordance with the applicable Pennsylvania Rules of Civil Procedure as they relate to service of original process on out-of-state defendants. Date: 2. - 5' 'OU Da?J. Freed, Esquire Attorney and/or Authorized Agent on behalf of Defendant Wulf D. Brand Nealon & Gover 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108 dcher.acc EXHIBIT i? VERIFICATION The undersigned, Kimberly M. Deitcr, hereby verifies and states that: I. She is the named Plaintiff herein; and 2. The facts set forth in the foregoing COMPLAINT are true and correct to the best of her knowledge, information and belief; and 3. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Kimberl Deiter Date: t (1) t91- KIMBERLY M. DEITER, Plaint V. WULF D. BRAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED No. 99-6153 Civil 1999 CERTIFICATE OF SERVICE. I, Mark S. Silver, Esquire, of Joseph A. Klein, P.C., attorneys for Plaintiff,, do hereby certify that on this date 1 served the aforegoing COMPLAINT by placing a true and correct copy of the same in the United States Mail, postage pre-paid, deposited at Harrisburg, Pennsylvania, addressed to counsel for the Defendant as follows: Brian N. Zulli, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 JOS H A. KLEIN, P.C. By: M rk . Silv s ' e Atty No.: 09825 500 North Third Street, 7s' Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiff Kimberly M. Deiter Date: t - L I - 0 ')., C%, ?. d. R v ` am' ? j c KIMBERLY M. DEITER, Plaintiff V. WULF D. BRAND, Defendant TO: Kimberly M. Defter c/o Mark Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17018 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6153 CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to file a response to the enclosed New Matter of Defendant Wulf Brand, within twenty (20) days of service hereof. Failure by you to do so may constitute an admission. Respectfully submitted, Date: I vlo?' NEALON & GOVER, P.C. By: Brian N. Zulll squire Attorney I.D. #85948 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 KIMBERLY M. DEITER, Plaintiff V. WULF D. BRAND, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6153 : CIVIL ACTION -LAW : JURY TRIAL DEMANDED ANSWER AND NOW, comes the Defendant Wulf D. Brand, by and through his attorneys, Nealon & Gover, P.C. and in response to Plaintiffs' Complaint avers the following: 1.-2. Admitted upon information and belief. 3. Denied. Mr. Brand is not a United States citizen. Mr. Brand is a citizen of Germany and resides at P.O. Box 3061, Newport News, VA 23603. 4. Admitted. 5.-6. Admitted. 7. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and specific proof is demanded at trial. 8. Denied pursuant to 1029(e). 9.-11. Denied pursuant to Pa.R.C.P. 1029(e). 12.-16. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment s and specific proof is demanded at trial. NEW MATTER 17. Paragraphs 1-16 above are Incorporated herein by reference as If fully set forth at length. 18. Any damages to which the Plaintiff Is entitled are to be reduced in whole, or In part, in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. §1701, at. seq. Respectfully submitted, NEALON & GOVER, P.C. p D2 Date: ? I I l ? BY: Brian N. Zulli, sq Attorney I.D No. 8W48 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, Wulf D. Brand, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date ?i?` Wulf D. Br nd CERTIFICATE OF SERVICE AND NOW, this 10th day of June, 2002, 1 hereby certify that I have served the foregoing Answer on the following by depositing a true and correct copy of same in the United states mall, postage prepaid, addressed to: Mark S. Silver, Esquire JOSEPH A. KLEIN, P.C. P.O. Box 1152 Harrisburg, PA 17108 UVIMIJOA Eileen S. Smith, Secretary T ' ( Ire om - «. :_ LA. V CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF= COURT OF COMMON PLEAS KIMBERLY DEITER TERM, -VS- CASE NO: 99-6153 WULF BRAND As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FEROUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/28/2003 US n rha I A FEROUS Attorney for DEFEN NT / DEII-459938 3S955-r-,01 COMMONWEALTH OF P E NN S Y LVAN I A COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY DEITER -VS- WULF BRAND TERM, CASE NO: 99-6153 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SHEPHERDSTONN FAMILY PRACTICE JULIE DROLET, M.D. HARRISBURG HOSPITAL HEALTHSOUTH REHAB. DR. PHILLIP R. JEANMENNE.B.S.D PINNACLE HOUSE OF BRHAVORIAL TO: MARK SILVER, ESQ. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT MCS on behalf of MICHAEL FERGUSON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/07/2003 CC: MICHAEL FERGUSON, ESQ. - 00-014 MICHAEL SMOLUK - 6852199559829 Any questions regarding this matter, contact MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DR02-247483 3 5 9 5 5- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY DEITER VS. File No. 99.6153 WULF BRAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SIIfPI IERDSTOWN FAMILY P ACTT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you arc ordered by the court to produce the following documents or things: •••• SEE ATTACHED RIDER *••• at The MCI; Group_ Inc.. 1601 Market Street. Suite R00. Philadelphia. PA 19103 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. TIIIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _MICHAEL FERGUSON. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: !2151246.0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE- COURT: Prothonotary/Clerk, Civ4Divi NOV 2 8 2003 Date: _XMU.-_A4,_a 03 -_.. Deputy ?? Seal of the Court 35955.01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHEPHERDSTOWN FAMILY PRACTICE 2140 FISHER ROAD MECHANICSBURG, PA 17055 RE: 35955 KIMBERLY MARIE(KOSHEBA)DEITER Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and ph steal reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : Kr*1BERLY MARIE(KOSHEBA)DEITER 1615 CLOVER LANE, YORK, PA 17403 Social Security #: 181-68-4096 Date or Birth: 07-07-1973 SU10-473164 3 5 9 5 5- L 01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY DEITER TERM, -VS- CASE NO: 99-6153 WULF BRAND As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/28/2003 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-459939 3 5 9 5 5- L 0 2 COMMONWEALTH OF P E N N S Y L VAN MA COUNTY OF CUMBERLAND IN THE MATTER OF: KIMBERLY DEITER -VS- WULF BRAND SHEPHERDSTOWN FAMILY PRACTICE JULIE DROLET, M.D. HARRISBURG HOSPITAL HEALTHSOUTH REHAB. DR. PHILLIP R. JEAHMENNE.B.S.D PINNACLE HOUSE OF BEHAVORIAL MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT COURT OF COMMON PLEAS TERM, CASE NO: 99-6153 TO: MARK SILVER, ESQ. MCS on behalf of MICHAEL FERGUSON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/07/2003 CC: MICHAEL FERGUSON, ESQ. - 00-014 MICHAEL SMOLUK - 6652199559B29 Any questions regarding this matter, contact MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-247483 3 5 9 5 5- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY DEITER VS. WULF BRAND File No. 99.6153 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JULIE DROLET. M.D. (Name of Person or Entity) Within twenty (20) days after service of this documentsorthings: ••••SEEATTACI >u are ordered by the court to produce the following •0• at The MCS Group. Inc.. 1601 Market Street_ Suite 800. Philadelphia. PA 19103 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 patty 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 TI IE REQUEST OF TILE FOLLOWING PERSON: NAME: MICHAEL. F R USON. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246.0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TI IE COURT: C Prothonotary/Clerk, Civil i - on Al NOV 2 8 2003 Date: _???GCl-y? Seal of the Court Deputy 35955.02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JULIE DROLET, M.D. 1010 PLYMOUTH MEETING RD. YORK, PA 17402 RE: 35955 KIMBERLY MARIE(KOSHEBA)DEITER Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and Including the ppresent. Subject : KIMBERLY MARIE(KOSHEBA)DEITER 1615 CLOVER LANE, YORK, PA 17403 Social Security q: 181-684096 Date of Birth: 07-07-1973 SU10-473166 3 5 9 5 5- L 02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KIMBERLY DEITER WULF BRAND COURT OF COMMON PLEAS TERM, -VS- CASE NO: 99-6153 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/28/2003 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-459940 3 5 9 5 5- L O 3 COMMONWEALTH OF P E NN S Y L VANS A COUNTY OF CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY DEITER -VS- WULF BRAND TERM, CASE NO: 99-6153 NOTICE OF INTENT TO SERVE A SUBPOBNA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SHEPHERDSTONN FAMILY PRACTICE JULIE DROLBT, M.D. HARRISBURG HOSPITAL HEALTHSOUTH REHAB. DR. PHILLIP R. JEANMENNH.B.S.D PINNACLE HOUSE OF BEHAVORIAL TO: MARK SILVER, ESQ. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT MCS on behalf of MICHAEL FERGUSON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/07/2003 CC: MICHAEL FERGUSON, ESQ. - 00-014 MICHAEL SMOLUK - 6852199559829 MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-247483 3 5 9 5 5- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY DEITER VS. WULF BRAND File No. 99.6153 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: •••• SF F ATTACHED RIDER •••• at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL FERGUSON. ESO. ADDRESS: 2411 N. FRONT ST. HARRISB IR r. PA 17110 TELEPHONE: (215) 246.0900 SUPREME COURT ID 4: ATTORNEY FOR: Defendant NOV 2 B 2003 Date: IA)w !qr-m 3 Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil ivisi Deputy 35955.03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 171012099 RE: 35955 KIMBERLY MARIE(KOSHEBA)DEITER Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : KE%IBERLY MARIE(KOMEBA)DEITER 1615 CLOVER LANE, YORK, PA 17403 Social Security q: 181-68-4096 Date of Birth: 07.07-1973 SU10-473168 3 S 9 S S- L 03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KIMBERLY DEITER -VS- WULF BRAND COURT OF COMMON PLEAS TERM, CASE NO: 99-6153 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/28/2003 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-459941 3 5 9 5 5- L 0 4 COMMONWEALTH OF P E N N S Y LVAN 2 A COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY DEITER -VS- WULP BRAND SHBPHERDSTOWN FAMILY PRACTICE JULIO DROLBT, M.D. HARRISBURG HOSPITAL HEALTHSOUTH REHAB. DR. PHILLIP R. JEANMENNE.B.S.D PINNACLE HOUSE OF BEHAVORIAL MEDICAL RBCORDS MEDICAL RBCORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT TERM, CASE NO: 99-6153 TO: MARK SILVER, ESQ. MCS on behalf of MICHAEL PBRGUSON, ESQ, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/07/2003 CC: MICHAEL FERGUSON# ESQ. - 00-011 MICHAEL SMOLUK - 6852199559829 Any questions regarding this matter, contact MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DBFBNDAHT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-247183 3 5 9 5 5- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY DEITER VS. WULF BRAND File No. 99.6153 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HFALTHSOUTH REHAB. (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: ****SEE ATTACHED RIDER**** at The MCC Group, Inc.. 1601 Market Street. Suite R00. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL FERGUSON. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (2151246-0900 SUPREME COURT ID N: ATTORNEY FOR: Defendant NOV 2 8 2003 Date: _Xoas--3--- Seal of the Court DY TI IE COURT: wo. -3 6" Prothonotary/Clerk, Civtl Drvts Deputy 35955.04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB. 920 CENTURY BOULEVARD MECHANICSBURG, PA 17055 RE: 35955 KIMBERLY MARIE(KOSHEBA)DEITER Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the Apesent, Subject : KEMERLYMARIE(KOSHEBDEITER 1615 CLOVER LANE, YORK, PA 17403 Social Security #: 181-684096 Date of Birth: 07-07-1973 SU10-473170 3 5 9 5 5- L 0 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KIMBERLY DEITER COURT OF COMMON PLEAS TERM, -VS- WULP BRAND CASE NO: 99-6153 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/28/2003 MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-459942 3 5 9 5 5- L O S COMMONWEALTH OF P E NN S Y LVAN I A COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY DEITER -VS- WULF BRAND SHEPHERDSTOWN FAMILY PRACTICE JULIE DROLET, M.D. HARRISBURG HOSPITAL HEALTHSOUTH REHAB. DR. PHILLIP R. JEAHMENNE.B.S.D PINNACLE HOUSE OF BEHAVORIAL MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT TERM, CASE NO: 99-6153 TO: MARK SILVER, ESQ. MCS on behalf of MICHAEL FERGUSON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/07/2003 CC: MICHAEL FERGUSON, ESQ. - 00-014 MICHAEL SMOLUK - 6852199559829 Any questions regarding this matter, contact MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-247483 3 5 9 5 5- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY DEITER VS. WULF BRAND File No. 99-6153 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. PHILLIP R. JEANMENNE.B.S.D (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: •••• SFF. ATTACHED RIDER"" at The MCS Group Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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 TIIE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: (2151246.0900 SUPREME COURT ID N: ATTORNEY FOR: Defendant n1 NOV 2 8 9003 Date: _??d' UL t"IL 3 Seal of the Court BY THE COURT: Prot tonotary/Clcrk, civil Divisi Deputy35955-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. PHILLIP R. JEANMENNE.B.S.D 20 NORTH HARRISON ST YORK, PA 17403 RE: 35955 KIMBERLY MARIE(KOSHEBA)DEITER Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and Including the present. Subject : KIMBERLY MARIE(KOSHEBA)DEITER 1615 CLOVER LANE, YORK, PA 17403 Social Security J/: 181-68.4096 Date of Birth: 07-07-1973 SU10.473174 35955-L OS PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY DEITER TERM, -VS- CASE NO: 99-6153 WULF BRAND As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/28/2003 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-459943 35955-L 06 C O M M O N W EALT H OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KIMBERLY OUTER -VS- WULF BRAND SHBPHBRDSTOWN FAMILY PRACTICE JULIE DROLET, M.D. HARRISBURG HOSPITAL HEALTHSOUTH REHAB. DR. PHILLIP R. JBANMRNNH.B.S.O PINNACLE HOUSE OF BHIIAVORIAI, MHDICAL RECORDS MHUICAL RECORDS MEDICAL RECORDS MHUICAL RECORDS MEDICAL RHCORDS RMPI,OYMENT TERM, CASE NO: 99-6153 TO: MARK SILVER, HBO. MCS on behalf of MICHARh FRRGUSON H,___99? Intends to serve a subpoena identical to the ono that s sttsc a 'to this notice. You have twenty (20) days from the date listed below in which to [lie of record and serve upon the undersigned an objection to tho subpoena. If the twenty day notice period is waived or if no objection is made, than the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/07/2003 CC: MICIIARL PHROUSON, HBO. - 00-014 MICIIARL SMOLUK - 6852199559B29 Any questions regarding this matter, contact MCS on behalf of MICHAEL FERGUSON, BSQ. Attorney for DEPENDANT TUB MCS GROUP INC. 1601 MARKET STREET 8800 PHILADELPHIA, PA 19103 (215) 216-0900 DE02-247483 3 5 9 5 5- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBERLY DEITER VS. WULF BRAND File No. 99-6153 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HOUSE OF BEHAVORIAL (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: •••• SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL FERGUSON. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBUR G. PA 17110 TELEPHONE: (215) 246.0900 SUPREME COURT ID N: ATTORNEY FOR: Defendant NOV 2 8 2003 Date: A4 a.-V3:2 Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Dtvislot cputy 35955.06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HOUSE OF BEHAVORIAL 307 S. FRONT STREET HARRISBURG, PA 17101 RE: 35955 KIMBERLY MARIE(KOSHEBA)DEITER Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested. up to and including the present. Subject: KIMBERLY MARIE(KOSHEBA)DEITER 1615 CLOVER LANE, YORK, PA 17403 Social Security At: 181-684096 Date of Birth: 07-07-1973 SU10-473174 3 5 9 5 5- L O G KIMBERLY M. DEITER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WULF D. BRAND, No. 99-6153 Civil 1999 Defendant JURY TRIAL DEMANDED STATEMENT OF INTENTION TO PROCEED To the Court: Plaintiff, Kimberly M. Dcitcr intends to proceed with th ve- pl' acd matter. Print Name: Mark S. Silver Sign Name: Date: Member 13.2006 Attorney for: Plaintiff JOS PH A. KLEIN, P.C. r By: Mark S. Silver, Esquire Atty No.: 09825 500 North Third Street, 70' Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiff Kimberly M. Deitcr I S LL 1 N AS OF CASE# 9 '4-, A66? qq - & / S3 HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. KIMBERLY M. DEITER, vs. WULF D. BRAND, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 99-6153 JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdrawal the appearance of Mark S. Silver, Esquire and the firm of Joseph A. Klein, P.C. on behalf of the Plaintiff in the above matter and enter the appearance of Stephen L. Grose, esquire and the firm of Keefer Wood Allen & Rahal, LLP on behalf of Plaintiff. Respectfully submitted, JOSEPH A. KLEIN, P.C. T By MARK S. SILVER Attorney I.D. #09825 500 North Third Street, 7' floor Harrisburg, PA 17101 (717) 233-0132 Dated: 1- -) - ©-> KEEFER WOOD ALLEN & RAHAL, LLP By STE EN L. GROSE Attorney I.D. #31006 635 North 121' Street, Suite 400 Lemoyne, PA 17043 (717) 612-5802 Dated: t L-WAe7 CERTIFICATE OF SERVICE I, Stephen L. Grose, Esquire, one of the attorneys for plaintiff, Kimberly S. Deiter, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Tenni I?. A11en, Esq,,ire Nealon Gover & Perry 2411 North Front Street Harrisburg, PA 17110 KEEFER WOOD ALLEN & RAHAL, LLP By_ Step en L. Grose Dated: February I , 2007 C) rn r7l •. A f ' Stephen L. Grose, Esquire Attorney I.D. No. 31006 Keefer Wood Allen & Rahal, LLP 635 North 12'h Street, Suite 400 Lemoyne, PA 17043 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: szrose ,keeferwood. com Attorneys for Plaintiff KIMBERLY M. DEITER, VS. WULF D. BRAND, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA NO.: 99-6153 Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF SAID COURT: Please mark the above matter settled and discontinued, with prejudice. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP .? Dated: April 20077 By_ -;W ST HEN L. GROSE Attorney I.D. #31006 CERTIFICATE OF SERVICE I, Stephen L. Grose, Esquire, one of the attorneys for plaintiff, Kimberly M. Deiter, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Matthew R. Gover, Esquire Nealon Gover & Perry 2411 North Front Street Harrisburg, PA 17110 KEEFER WOOD ALLEN & RAHAL, LLP By V'C , 4ov?_ Ste en L. Grose Dated: April /,B, 2007 ? ? C 3 '.? ? `r? ?,c F`T'1 ?T': ?" -L7 ?? ?'+.,? ? ?;. ? ,C• ?.? ? GJ .?-; , Q