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HomeMy WebLinkAbout99-07161?' `? t ,' 1 .? ,. ?? ;: r; Im BARBARA KEITER, Plaintiff V. BARBARA COURTNEY, Defendant ##21 OLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW r No. 99-7161 CIVIL TERM I_N_RE_:PRETRIAL CONFERENCE A pretrial conference was held in the chambers of Judge Oler in the above-captioned case on Wednesday, April 11, 2001. Present on behalf of the Plaintiff were Nathanael J. Byerly, Esquire, and David Knauer, Esquire. (Mr. Byerly will be trying the case.) Present on behalf of the Defendant was Matthew R. Gover, Esquire. This is a negligence action for personal injuries arising out of a motor vehicle accident occurring on November 29, 1997, at the intersection of Gateway Drive and Baron Drive in Hampden Township, Cumberland County, Pennsylvania. Negligence is admitted by Defendant with respect to causation of the accident. Issues not conceded include causation with respect to Plaintiff's injuries and damages. This will be a jury trial in which, pursuant to an agreement of counsel, each side will have four peremptory challenges, for a total of eight. The estimated duration of trial is one and a half days. It is noted that Defendant's counsel is scheduled to try a case in Dauphin County during the week of April 30, 2001, and for that reason, has requested that this case be considered for commencement on Monday of the trial week in Cumberland County. Counsel have been requested to contact the court administrator with respect to scheduling of the case. It is noted that the Court has indicated that in the event that Mr. Gover is unavailable for the trial, another counsel in his office would be permitted to try the case. Counsel have agreed that the Plaintiff's medical records will be accepted as authentic; no stipulation exists as to their relevancy or admissibility. Neither counsel has indicated an intention to submit a copy of the police report into evidence. To the extent that any deposition testimony is to be read or shown to the jury and includes objections being pursued by counsel and requiring rulings by the trial court, counsel are directed to furnish a copy of the transcript of such testimony to the Court at least five days prior to the commencement of the trial term in which this case is tried with the areas of objection being pursued highlighted and with brief memoranda in support of their respective positions on the objections. With respect to settlement negotiations, Plaintiff has demanded $25,000.00, and Defendant has •. H offered $2000.00 Nathanael J. Byerly, Esquire David Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 For the Plaintiff Matthew R. Gover, Esquire 2411 North Front Street Harrisburg, PA 17110 For the Defendant Court Administrator wcy p., the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA KEITER CIVIL ACTION - LAW Plaintiff V. : No. 99-7161 Civil Term BARBARA COURTNEY JURY TRIAL DEMANDED Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 71-1 -7 NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persoa o por abogado y archivar en la corte enforma escrita sus defensas o sus objections a las 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 o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Date: January 5, 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BARBARA KEITER CIVIL ACTION - LAW Plaintiff V. No. 99-7161 Civil Term BARBARA COURTNEY JURY TRIAL DEMANDED Defendant COMPLAINT 1. The Plaintiff Barbara Keiter is an adult individual with an address of 86 Regency Woods North, Carlisle, Pennsylvania. 2. The Defendant Barbara L. Courtney is an adult individual with an address of 6245 Stanford Court, Mechanicsburg, Pennsylvania. 3. At all times relevant herein, the Plaintiff was the owner and operator of a certain 1994 Saturn. 4. At all times relevant herein, the Defendant was the owner and operator of a certain 1996 Toyota. 5. On November 29, 1997, the Plaintiff was lawfully proceeding and had the right of way for into the intersection of Gateway Drive and Baron Drive in the township of Hampden, County of Cumberland and Commonwealth of Pennsylvania. 6. As the Plaintiff was lawfully proceeding through the aforesaid intersection, the Defendant carelessly, recklessly and negligently so operated her vehicle so that it came into a sudden and violent collision with the Plaintiff's vehicle. 7. The Defendant was careless, reckless and negligent and was the sole cause of aforesaid collision in that she: a. failed to keep a vigilant look out for oncoming traffic that had the right of way; b. failed to see the plaintiff as she was lawfully proceeding through the intersection; c. failed to yield the right of way to the Plaintiffs aforesaid vehicle; c. failed to avoid striking the Plaintiffs vehicle; d. struck the Plaintiff's vehicle; e. violated the Pennsylvania Motor Vehicle code; f. was otherwise negligent. 8. Solely as a result of the Defendant's aforesaid carelessness, recklessness and negligence the Plaintiff suffered severe and sundry injuries to her person i including but not limited to injuries to her neck, back, headaches and other injuries. 9. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff has suffered the following element so past and future damages recognizable under the law of the Commonwealth of Pennsylvania including but not limited to: a.) pain and suffering; i i j b.) medical expenses; c.) emotional distress; i d.) enjoyment of life; c.) other damages recoverable under the law of the 1 Commonwealth of Pennsylvania. f I? Jl ' I i WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant in an amount in excess of the amount for mandatory referral to arbitration. y submitted, & ASSOCIATES, L.S.C. Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: January 5, 2000 (717) 795-7790 LA VERIFICATION Subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities, we hereby certify that the facts in the foregoing pleading are true and correct to the best of our information and belief. Date: ??,(?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA KEITER Plaintiff V. BARBARA COURTNEY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 5th day of January, 2000, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: Matthew R. Gover, Esquire Nealon & Gover 301 Market Street - 91n Floor P. O. Box 865 Harrisburg, PA 17108-0865 CIVIL ACTION - LAW No. 99-7161 Civil Term QG( :4 a),, *" David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 .! IN THE COURT OF COD4MON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BARBARA KEITER V. Plaintiff CIVIL ACTION - LAW No. 99-7161 Civil Term BARBARA COURTNEY Defendant JURY TRIAL DEMANDED PLAINTIFFS' PRE-TRIAL MEMORANDUM STATEMENT OF THE BASIC FACTS AS TO LIABILITY. On November 29, 1997, the Plaintiff was lawfully proceeding and had the right of way into the intersection of Gateway Drive and Baron Drive in the Township of Hampden, Cumberland County, Pennsylvania. At the same time, the Defendant Barbara Courtney was operating a certain 1996 Toyota and collided with the Plaintiffs vehicle injuring the Plaintiff. Negligence is admitted by the Defendant. STATEMENT OF THE BASIC FACTS AS TO DAMAGES: PLAINTIFF'S DAMAGES: The Plaintiff suffered injuries to her neck, shoulder, and back. The Defendant disputes causation. DEFENDANT'S DAMAGE POSITION: Unknown. PRINCIPAL ISSUES OF LIABILITY AND DAMAGES: Liability: Defendant has admitted negligence. Damages: The Plaintiff has suffered the aforesaid injuries. The issues on damages are the amount of compensatory damages the jury will award. SUMMARY OF LEGAL ISSUES OR ANY OTHER MATTER 1. Admission of Police Report 2. Plaintiffs life expectancy under the U.S. Life Tables STIPULATIONS Plaintiff agrees with Defendant's request. Plaintiff stipulates that all medical records exchanged in discovery are authentic. IDENTITY OF WITNESSES TO BE CALLED: 1. Plaintiff (Liability and Damages); 2. Dr. Corey Lees (Damages); 6103 Carlisle Pike Mechanicsburg, PA 17055 EXHIBITS 1. Photographs of the vehicles. 2. The Plaintiff may potentially use any medical records from the Plaintiffs medical care providers. The Plaintiffs reserve the right to supplement this response prior to trial and to utilize any exhibit the Defendant identifies or utilizes in court. STATUS OF SETTLEMENT NEGOTIATIONS: The Plaintiff has made a demand of $25,000 contemporaneously with the filing of this Pre-Trial Memorandum. The Defendant has not had the opportunity to reply to the Plaintiff's settlement demand. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. Attorney I.D. No. 85679 411-A East Main Street Mechanicsburg, PA 17055 Date: April 6, 2001 (717) 795-7790 Attorney forPlaintiff c IN THE COURT OF COINUNION PLEAS OF CUNIBERLAND COUNTY PENNSYLVANIA BARBARA KEITER CIVIL ACTION - LAW Plaintiff V. No. 99-7161 Civil Term BARBARA COURTNEY JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Nathanael J. Byerly, hereby certify that I did this 6th day of April, 2001, serve a true and correct copy ofthe Plaintiffs' Pre-Trial Memorandum on all counsel of record by United States mail, first class, prepaid addressed as follows: Matthew R. Govcr, Esquire Nealon & Govcr 2411 North Front Street Harrisburg, PA 17110 Attorney f9r Plaintirf k.- Attorney I.D. No. 85679 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 If I NEALON GOVER, - LAW ATTORNEYS Al 2411 NORTII FRONT STREET HARRISBURG, PA 17110 TELEPHONE(717) 232-9900 FACSIMILE (717) 236-9119 A xrn ICw R. GOVI:K m;{ovrrligncalon-govencom April 4, 2001 The Honorable J. Wesley Oler, Jr., Judge CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013-3387 RE: Barbara Keiter v. Barbara Courtney Docket No.: 99-7161 Dear Judge Oler: Please find enclosed a courtesy copy of Defendant's Pre-Trial Memorandum. As you know, a Pre-Trial Conference is scheduled before your Honor on April 11, 2001, at 10:00 a.m. Thank you for your attention to this matter. Very truly yours, N LONE?&??GOVER, P.C. Matthew R. Gover MRG:sls Enclosure Nifi-o i, BARBARA KEITER, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA #???htbc?,?(??2:As''.Ac..^L'.'?„d! atw,?•?1 gr1?u?;.n .?;;s::?»t:e...t.L%y. ,?it:a?vo-v?u?w•'..,.........?? v : NO. 99-71611 : CIVIL ACTION - AT LAW BARBARA COURTNEY, DEFENDANT JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM AND NOW, comes the Defendant, by her attorneys, Nealon & Gover, P.C., and files the following Pre-Trial Statement. 1. Brief Narrative Statement of the Case. This action arises out of a motor vehicle accident, which occurred on or about November 29, 1997. The accident occurred at the intersection of Gateway Drive and Baron Drive in the Township of Hamden, Cumberland County, Pennsylvania. Negligence is admitted. The Plaintiff has claimed damages as a result of the collision and the question as to causation is in dispute. II. Damages. Not applicable. III. Witnesses. A. Parties to the case. B. Dr. Corey Lees, as on cross-examination. IV. Exhibits. A. Medical records of the Plaintiff; APR - g 0 B. Photographs, if any; C. Police Report; D. This will be supplemented. V. Written Reports. Not applicable. VI. Stipulations. The Defendant would request the Stipulation as to the authenticity of medical records exchanged in discovery. VII. Additional Items. A. Scheduling. Counsel for the Defendant is scheduled to try a case in Dauphin County the week of April 30, 2001. Counsel would request that this matter be scheduled promptly during the beginning of a week with an attachment order. This would likely assure that the trial in the Dauphin County case will follow. B. Trial Length. 1'/= days. Date: t-( d Respectfully submitted, NEALON & GOVER, P.C. By: Matthew R. Gover, Esquire I.D. #: 47593 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 CERTIFICATE OF SERVICE AND NOW, this "( day of April, 2001, 1 hereby certify that I have served the foregoing PRE-TRIAL MEMORANDUM on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David W. Knauer, Esquire KNAUER & ASSOCIATES, LSC 411-A East Main Street Mechanicsburg, PA 17055 Matthe R. Gover Esquire r i Apr-10-01 07:27 11 P.02 BARBARA KEITER, PLAINTIFF V. BARBARA COURTNEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7161 : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM AND NOW, comes the Defendant, by her attorneys, Nealon & Gover, P.C., and files the following Pre-Trial Statement. I. Brief Narrative. Statement of the Case. This action arises out of a motor vehicle accident, which occurred on or about November 29, 1997. The accident occurred at the intersection of Gateway Drive and Baron Drive in the Township of Hamden, Cumberland County, Pennsylvania. Negligence is admitted. The Plaintiff has claimed damages as a result of the collision and the question as to causation is in dispute. it. Damages. Not applicable. III. Witnesses. A. Parties to the case. B. Dr. Corey Lees, as on cross-examination. IV. Exhibits. A. Medical records of the Plaintiff; 777 rApr-10-01 07:27 B. Photographs, if any; C. Police Report; D. This will be supplemented. V. Written Resorts. Not applicable. VI. Stipulations. The Defendant would request the Stipulation as to the authenticity of medical records exchanged in discovery. VII. Additional Items. A. Scheduling. Counsel for the Defendant is scheduled to try a case in Dauphin County the week of April 30, 2001. Counsel would request that this matter be scheduled promptly during the beginning of a week with an attachment order. This would likely assure that the trial in the Dauphin County case will follow. B. Trial Length. 1'% days. Date: L( t{ 0t Respectfully submitted, NEALON S GOVER, P.C. -- By: 4OW-Pf) Matthew R. Gover, Esquire I.D. #: 47593 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 P.03 Apr- 10-01 07:27 CERTIFICATE OF SERVICE AND NOW, this '( day of April, 2001, 1 hereby certify that I have served the foregoing PRE-TRIAL MEMORANDUM on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David W. Knauer, Esquire KNAUER & ASSOCIATES, LSC 411-A East Main Street Mechanicsburg, PA 17055 Matthe R. Gover Esquire P.04 BARBARA KEITER, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7161 : CIVIL ACTION - AT LAW BARBARA COURTNEY, DEFENDANT JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM AND NOW, comes the Defendant, by her attorneys, Nealon & Gover, P.C., and files the following Pre-Trial Statement. I. Brief Narrative Statement of the Case. This action arises out of a motor vehicle accident, which occurred on or about November 29, 1997. The accident occurred at the intersection of Gateway Drive and Baron Drive in the Township of Hamden, Cumberland County, Pennsylvania. Negligence is admitted. The Plaintiff has claimed damages as a result of the collision and the question as to causation is in dispute. II. Damages. Not applicable. III. Witnesses. A. Parties to the case. B. Dr. Corey Lees, as on cross-examination. IV. Exhibits. A. Medical records of the Plaintiff; B. Photographs, if any; C. Police Report; D. This will be supplemented. V. Written Reports. Not applicable. VI. Stipulations. The Defendant would request the Stipulation as to the authenticity of medical records exchanged in discovery. VII. Additional Items. A. Scheduling. Counsel for the Defendant is scheduled to try a case in Dauphin County the week of April 30, 2001. Counsel would request that this matter be scheduled promptly during the beginning of a week with an attachment order. This would likely assure that the trial in the Dauphin County case will follow. B. Trial Length. 1'/z days. Date: tj cf 01 Respectfully submitted, NEALON & GOVER, P.C. By: _ MOZ60? Matthew R. Gover, Esquire I.D. #: 47593 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 CERTIFICATE OF SERVICE AND NOW, this "( day of April, 2001, 1 hereby certify that I have served the foregoing PRE-TRIAL MEMORANDUM on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David W. Knauer, Esquire KNAUER & ASSOCIATES, LSC 411-A East Main Street Mechanicsburg, PA 17055 Matthe R. Gover Esquire R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BARBARA KEITER Plaintiff V. CIVIL ACTION - LAW 06-71&( No. Civil Term BARBARA COURTNEY JURY TRIAL DEMANDED Defendant PRAECIPE FOR WRIT OF SUMMMONS TO THE PROTHONOTARY: Issue a writ of summons in the above matter. Date: November 24, 1999 I CLV- bo,ro W,f +V"q-/ Z Ysl S-I04ti rd CF. Ae ho-,p ic-s 6 u? , Pfq / loss' KNAUER & ASSOCIATES, L.S.C. q?/J?to w6), k?'IZAZI David W. auer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 to ? =- rr, ' ? , ?-' r-: ? ; W ?`1 --• ='i O i?: v; ?1 I `?J tr. ?.: I Cti' , Ci fir, CJ s? r'? #. Commonwealth of Pennsylvania County of Cumberland Barbara Keiter VA Barbara Courtney 6245 Stanford Ct. Mechanicsburg PA 17055 Court of Common Pleas I10. ____ 99_7161_ Civil -Term ...... 19 Itr ..... Civil- Action--- - Law - - ---------------------------- Barbara Courtney: To --------------------------------------------- You are hereby notified that Barbara Keiter Summons - Civil Action - Law the Plaintiff Ina commenced an action in _-____-_.________________________________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG --------------------------------------°--------- Pronc ry Date ------November - 24,-- --- 19 99 By --- ------------ ---- --- . (?tl L_ --- ty ------- -- H > •, { U ; b 1 tl i z , ; ; ? , u v d+ ui H RI W i p i ; O A fu a. •a N 41 , 0 U { 41 w a1 W' . 2c a ^? 4 I n 67 i V ? E C BARBARA KEITER PLAINTIFF V. BARBARA COURTNEY DEFENDANT TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7161 : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PRAECIPE Please enter the undersigned's appearance on behalf of the Defendant, Barbara Courtney, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER By:a `t, Matthew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 i2 t ?1 I ?a Harrisburg, PA 17108-0865 Date: L (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 14th day of December, 1999, 1 hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: David W. Knauer, Esquire KNAUER & ASSOCIATES, LSC 411-A East Main Street Mechanicsburg, PA 17055 c/V lV d Matthew R. Gover Esquire Dated: 'I w\ -q -LA BARBARA KEITER PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I-, V. BARBARA COURTNEY DEFENDANT TO THE PROTHONOTARY: NO. 99-7161 CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED PRA?PE 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: Matthew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor p O: Box 865 Harrisburg, PA 17108-0865 Date: a"Ly Acl (717) 232-9900 RULE 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: IJcc• aU, I9nS 'Prothonotary CERTIFICATE OF SERVICE AND NOW, this 14" day of December, 1999, 1 hereby certify that I have served the foregoing Rule 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: David W. Knauer, Esquire KNAUER & ASSOCIATES, LSC 411-A East Main Street Mechanicsburg, PA 17055 yV? ? ? `v CJ?? Matthew R. Gover Esquire` Dated: I?'I IL-I I qC,1 SHERIFF'S RETURN - REGULAR CASE NO: 1999-07161 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEITER BARBARA VS. COURTNEY BARBARA CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon COURTNEY BARBARA the defendant, at 10:25 HOURS, on the 6th day of December 1999 at 6245 STANFORD COURT MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to ROBERT COURTNEY a true and attested copy of the _WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 6.82 Affidavit .00 00 ? Surcharge 8.00 R Tiumas RIine, S eri 53?8"T DAVID/ NAUER by epu eri Sworn and subscribe to before me this /y a' day of ." 8°A ?'2 IYU'LA. D. ro - ono?ar??' PENNSYLVANIA CUMBERLAND COUNTY IN THE COURT OF COMMON BARBARA KEITER Plaintiff V. BARBARA COURTNEY Defendant CIVIL ACTION - LAW No. 99-7161 Civil Term JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO THE DEFENDANT'S NEW MATTER 10. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 10 of the Complaint as if more fully set forth herein by reference thereto. 11. Denied as alleged. The Plaintiff avers to the contrary that paragraph 10 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant on the Defendant's New Matter. Date: February 2, 2000 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. Knauer, E ire Attorney for Plainti f Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA KEITER CIVIL ACTION -LAW Plaintiff V. No. 99-7161 Civil Term BARBARA COURTNEY JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 2nd day of February, 2000, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: Matthew R. Gover, Esquire Nealon & Gover 301 Market Street - 91" Floor P. O. Box 865 Harrisburg, PA 17108-0865 1 ?V la?u/ wL? David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 -- .: ,,. _ , ._ `, :? . ??_; ?c .-, ; , .?; ?. i ? ; LJ 'I L• ?L . r? _'i c? U BARBARA KEITER : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7161 : CIVIL ACTION - AT LAW BARBARA COURTNEY DEFENDANT JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Barbara Keiter, and her attorney, David W. Knauer, Esquire KNAUER & ASSOCIATES, LSC 411-A East Main Street Mechanicsburg, PA 17055 YOU ARE HEREBY NOTIFIED, that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, Date: Zb? /,7 0 NEALON & GOVER l By j /? Matthew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 BARBARA KEIITE ? PLAINTIFF V. BARBARA COURTNEY AND NOW, comes the Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7161 : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED ANSWER Barbara Courtney, by and through her attorneys, NEALON & GOVER, P.C., and files the following Answer: 1.-4. Admitted. 5.-7. Denied pursuant to Pa.R.Civ.P. 1029(e). 8. - 9. Denied. After reasonable investigation, the Defendant is without knowledge or he truth of the matter asserted and proof is demanded at information sufficient to form a belief as to t trial. WHEREFORE, Barbara Courtney, respectfully request that the Complaint be dismissed with costs of this action. NEW?TER 10. Paragraphs 1 through 9 of Defendant's Answer are incorporated herein by reference thereto. 11. Plaintiffs claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Barbara Courtney, respectfully requests that the Complaint be dismissed with costs of this action. Respectfully submitted, NEALON GOVER ?- By: - atthew R. Gover, Esquire Attorneyl.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 U (717) 232-9900 Date: 0 i VERIFICATION I, BARBARA COURTNEY, 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 unsworn falsification to authorities. BARBARA COURTNEY CERTIFICATE OF SERVICE AND NOW, this„Zy day of January, 2000, 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 mails, postage prepaid, addressed to: David W. Knauer, Esquire KNAUER & ASSOCIATES, LSC 411-A East Main Street Mechanicsburg, PA 17055 Matthew R. Gov & Esquire BARBARA KEITER V. Plaintiff BARBARA COURTNEY Defendant NOTICE OF DEPOSITION i TO: Barbara Courtney, and her attorney Matthew R. Gover, Esquire NEALON & GOVER 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 PLEASE TAKE NOTICE that pursuant to Pennsylvania Rules of Civil Procedure, your deposition will be taken upon oral examination for the purpose of discovery or for use at trial, or for both purposes, before a Notary Public, or before some other officer authorized to take depositions, at the offices of Knauer & Associates, 411-A East Main Street, Mechanicsburg, Pennsylvania, on Tuesday, April 11, 2000, commencing at 10:00 a.m., on all matters, not privileged, which are relevant and material to the issues and the subject matter involved in the pending action, and that you are required to appear at the aforesaid time and place and submit to such examination before such officer. Date: March 28, 2000 CIVIL ACTION - LAW No. 99-7161 Civil Term : JURY TRIAL DEMANDED Res ectfully submitted, UER & ASSOCIATES, L.S.C. v avid W. au/veArv, E/ ire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 I3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA KEITER Plaintiff CIVIL ACTION - LAW V. BARBARA COURTNEY Defendant No. 99-7161 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 28th day of March, 2000, serve a true and correct copy of the within document on mail, first class, prepaid addressed as follows: all counsel of record by United States Matthew R. Gover, Esquire Nealon & Gover 301 Market Street - 91h Floor P. 0. Box 865 Harrisburg, PA 17108-0865 i David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 -J tom[: __ J., ?, o n ti l ? r? c? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA KEITER CIVIL ACTION - LAW Plaintiff V. No. 99-7161 Civil Term BARBARA COURTNEY JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 5th day of April, 2000, serve a true and correct copy of the Plaintiffs Answers to the Defendant's Int of record by facsimile and United States mail, first class, prepaid Matthew R. Gover, Esquire Nealon & Gover 301 Market Street - 91h Floor P. 0. Box 865 Harrisburg, PA 17108-0865 David W. Knauer, Esqui Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17( (717) 795-7790 CD CJ BARBARA KEITER PLAINTIFF v. BARBARA COURTNEY DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7161 : CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Defendant, Barbara Courtney, 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 20 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 that is attached to the Notice of Intent to Serve the Subpoena. DATE: 10/26/00 co n ?- ? ,-J MATTHEW R. GOVER, ESQUIRE ATTORNEY FOR DEFENDANT ,I BARBARA KEITER, PLAINTIFF V. BARBARA COURTNEY, -DEFENDANT " : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7161 : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA .... - TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 - -" -- - Defendant; Barbara Courtney; intends to serve Subpoenas identicafto the ones thafare attached to this Notice. You have twenty (20) days from the date Ifsted .. below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made the Subpoenas may be served. f, Date; 10/05/00-.._ Matthew R. Gover, Esquire -. ... ;;......__ . - ._._..------_.__ _ _ . .. _ Attorney for the Defendant NEALON. . COVER, ATTORNEYS AT LAW Corey R. Lees, DC 6103 Carlisle Pike Mechanicsburg, PA 17055 In Re: Barbara Keiter Date of Birth: 12/26144 Dear Records Custodian: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE (717) 232-9900 FAcsiMn.E (717) 236-9119 October 26, 2000 You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal NEALON & GOVER /bjb Enclosures BARBARA KEITER, PLAINTIFF v. BARBARA COURTNEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7161 : CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS_ FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Corey R. Lees, D.C. Within twenty (20) days after service of this Subpoena, you aro ordarod by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon 8 Govar, 2411 North Front Street, Harrisburg, PA 17110. 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 coplos or producing the things sought. If you fall to produce the documents or things raqulrad by thin Subpoona within twenty (20) days after its service, the party serving this Subpoena may sack a Court Order compelling you to comply with This Subpoena was issued at the request of the following person: Matthew R. Govar, Esquire 2411 North Front Street Harrisburg, PA 17110 717.232.9900 Attorney for Defendant BY THE COURT: D.4TED:?? ??(?? 1 PROTHONOTARY" Seal of the Court 1 ` CAvrl.4 ? Jr7l?/b^b? /9? 1 '. t. a EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Corey R. Lees, D.C. ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Barbara Keiter SOCIAL SECURITY #: DATE OF BIRTH: 12/2611944 BARBARA KEITER PLAINTIFF V. BARBARA COURTNEY DEFENDANT TO: Corey R. Lees, DC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7161 : CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Corey R. Lees, DC, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DATE: Records Custodian NEALON GOVER, ATTORNEYS AT LAW 2411 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE (717) 232-9900 FACSIMILE (717) 236-9119 October 26, 2000 Hetrick Center 6481 Carlisle Pike Mechanicsburg, PA 17055 In Re: Barbara Keiter Date of Birth: 12/26/44 Dear Records Custodian: You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, ??LC--4'J Barbara Baker, Paralegal NEALON & GOVER /bib Enclosures BARBARA KEITER, PLAINTIFF V. BARBARA COURTNEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7161 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hetrick Center Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 2411 North Front Street, Harrisburg, PA 17110. 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: Matthew R. Gover, Esquire 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant BY THE COURT: DATED:II??_ 1SI6V* l` PROTHONOTARY ?G Seal of the Court 411e-u,Q AR. J I i 4 EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Hetrick Center ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT, DATES REQUESTED: Up to and Including the Present SUBJECT: Barbara Keiter SOCIAL SECURITY #: DATE OF BIRTH: 12/2611944 BARBARA KEITER PLAINTIFF V. BARBARA COURTNEY DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7161 : CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED NOTICE TO: Hetrick Center You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Hetrick Center, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on - have been produced. DATE: Records Custodian CERTIFICATE OF SERVICE AND NOW, this 26th day of October, 2000, 1 hereby certify that I have served the foregoing Certificate Prerequisite to Service of a Subpoena on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: David Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 Matth w R. Gover, Esquire --?ri v ° 1 J :ao; Aaluo}}V XI /'?f? H } :aweN Wf-ld :pau6Ts C zl :a}p4 •TeTz} .xo; Cpeaz ST aseo sTgy :umouK ;T seT}.zed zag}o zo; TasunoO TeTZ} a}eOTpuI A -76 :adToaezd sTg} saTTJ Ogm I}zed aq} zo; aseo fa:l TTTM ogm Aauzo}}e ag} a}eo?PuI 6,(, 6T 91Z? TTnTJ 'ON (•T•6TZ 97H TeOOT o} }uensznd 'Tasunoo TTe o} adToaezd ag} ;o Adoo a q}TMq}zo; apznozd Teqs TeTz} zo; aseo sTq} 5uT4sTT A43pd ag,L) ( sTerz} d azogaq sdep s anp aze s;aTzg) uO PTaq aq TTTm sTPTz}azd 0 of f uo aouawuoo sTeTzy Pue uo POTTpo qq TTTM }s?T TL-T-74 aqy (JJT4u?pTd) (zati}O) uoT}ez}TgzV woz; TeaddV ( ) Mel - UOT40V TTATJ ( ) •sn /?au-??n01 bJb?J9Ci •sn (quo xoayo) (TTn; UT Pa}e}s aq }snu uoT}deo azT}ue) ----------------------------- AmE e }noq}TM TeT34 zo; ( }znoo TTnTo ;o utxa} }xau ag} }e TETz} THM zO3/ ) (quo X-)qqJ) :aseo 5u?MOTT03 aq} }sTT aseaTd .[=OD ONMEE"D do AHVJMORLOHd MU QL (a}eoTTdnp WE pa}}TMns pue ua}}Tzm9cM4 aq }snW) 7KIH.L Hod 3s 9NILSPI Hod 3dIO3VHd (}uepuejau) } ce) 7 ul=_ ? Jam.? = ' i !nom ?v ? U ?I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BARBARA KEITER Plaintiff V. BARBARA COURTNEY Defendant CIVIL ACTION - LAW : No. 99-7161 Civil Term JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Dr. Corey Lees 6103 Carlisle Pike Mechanicsburg, PA 17055 PLEASE TAKE NOTICE that pursuant to Pennsylvania Rules of Civil Procedure, your deposition will be taken upon oral examination for the purpose of discovery or for use at trial, or for both purposes, before a Notary Public, or before some other officer authorized to take depositions, located at 6103 Carlisle Pike, Mechanicsburg, Pennsylvania, on March 22, 2001, commencing at 1:00 p.m., on all matters, not privileged, which are relevant and material to the issues and the subject matter involved in the pending action, and that you are required to appear at the aforesaid time and place and submit to such examination before such officer. Date: March 16, 2001 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BARBARA KEITER Plaintiff CIVIL ACTION - LAW V. BARBARA COURTNEY Defendant No. 99-7161 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 16th day of March, 2001, serve a true and correct copy of the Deposition Notice on all counsel of record by facsimile and United States mail, first class, prepaid addressed as follows: Matthew R. Gover, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 David W. Kna ier, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 t=- u.^ o C? .? -.. '.].` O U C.L. C> c 2 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BARBARA KEITER CIVIL ACTION - LAW Plaintiff V. No. 99-7161 Civil Term BARBARA COURTNEY JURY TRIAL DEMANDED Defendant NOTICE OF DEPOSITION TO: Dr. Corey Lees 6103 Carlisle Pike Mechanicsburg, PA 17055 PLEASE TAKE NOTICE that pursuant to Pennsylvania Rules of Civil Procedure, your deposition will be taken upon oral examination for the purpose of discovery or for use at trial, or for both purposes, before a Notary Public, or before some other officer authorized to take depositions, located at 6103 Carlisle Pike, Mechanicsburg, Pennsylvania, on April 19, 2001, commencing at 11:00 a.m., on all matters, not privileged, which are relevant and material to the issues and the subject matter involved in the pending action, and that you are required to appear at the aforesaid time and place and submit to such examination before such officer. Respectfully submitted, KNI AUER & ASSOCIATES, L.S.C. David W. Knauer, Esqui Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: March 26, 2001 (717) 795-7790 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BARBARA KEITER CIVIL ACTION - LAW Plaintiff V. No. 99-7161 Civil Term BARBARA COURTNEY JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 26th day of March, 2001, serve a true and correct copy of the Deposition Notice on all counsel of record by facsimile and United States mail, first class, prepaid addressed as follows: Matthew R. Gover, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 David W. Knauer, Alquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 i ri c Li - O iJ BARBARA KEITER, PLAINTIFF V. BARBARA COUR'T'NEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y, PENNSYLVANIA : NO. 99-7161 : CIVILACTION-A'1'LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Defendant, Barbara Courtney, certifies that: A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party. 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. 4. The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. DATE: 04/09/01?IC? Matthew R. Gover, Esquire Atty. I.D. #47593 2411 North Front Street Harrisburg, PA 171 10 (717)232-9900 A!(orney for Defendant. Ba,•bara Coarluey P. BARBARA KEITER, PLAINTIFF V. BARBARA COURTNEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7161 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Barbara Courtney, 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 no objection is made the Subpoena will be served. Date: 03/19/01 Ma4thew R. Gover, Esquir-? NEALON & GOVER, P.C. Atty. I.D. #47593 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Attorney for Defendant, Barbara Courtney BARBARA KEITER, PLAINTIFF V. BARBARA COURTNEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7161 : CIVIL ACTION - AT LAZY : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Nationwide Insurance Enterprise P.O. Box 2655 Harrisburg, PA 17105-9971 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, P.C., 2411 North Front Street, Harrisburg, Pennsylvania 17110. 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: Matthew R. Gover, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant BY THE COURT: DATED: ?n L L ate) _? PROTHONOTARY Seal of the Court n ` u? EXPLANATION OF REQUIRED RECORDS TO: Nationwide Insurance Enterprise ATTENTION: RECORDS CUSTODIAN P.O. Box 2655 Harrisburg, PA 17105-9971 ALL DOCUMENTS INCLUDING BUT NOT LIMITED TO, STATEMENTS, PHOTOGRAPHS, MEDICAL RECORDS, MEDICAL BILLS, PEER REVIEW, REPORTS OR OTHER DOCUMENTS PERTAINING TO A CLAIM MADE BY TIIE SUBJECT LISTED BELOW AS A RESULT OF AN ACCIDENT THAT OCCURRED ON NOVEMBER 29, 1997. IT IS BELIEVED THATTHE CLAIM ND. IS 58 37 A 738330 11291997 01 DATES REQUESTED: Up to and Including the Present YOUR INSURED: Barbara Keiter DATE OF BIRTH: 12/26/44 aa. CERTIFICATE OF SERVICE AND NOW, this 9th day of April, 2001, 1 hereby certify that I have served the foregoing Certificate Prequisite to Service of a Subpoena Pursuant to Rule 4009.22 on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 i ? 111<iJ1?10?iQ1 ?" Matthew R. Gover, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BARBARA KEITER CIVIL ACTION - LAW Plaintiff V. No. 99-7161 Civil Term BARBARA COURTNEY JURY TRIAL DEMANDED Defendant OBJECTIONS IN THE DEPOSITION OF DR. COREY LEES PLAINTIFF'S TREATING CHIROPRACTOR AND EXPERT Both parties served discovery and both parties filed responses to the discovery. The procedure utilized pursuant to the agreement of the parties was that the Defendant utilized the subpoena power directed to the Plaintiffs health care professionals and provided a copy of the documents received to the Plaintiff. During the qualification portion of Dr. Lee's deposition, the Defendant's counsel objected on the basis that he did not have Dr. Lees' curriculum vitae. (Page 6 Line 16- Line 22) Dr. Lees stated that he has not prepared a curriculum vitae. Plaintiffs counsel immediately stopped the questioning of Dr. Lees and offered defense counsel an opportunity to question him off of the record as to his qualifications so that he would not be prejudiced by the absence of a formal curriculum vitae. Defense counsel questioned Dr. Lees off record and when the deposition continued off record Plaintiffs counsel questioned him with respect to his qualifications. Defense counsel did not make any further objection as to the provision of Dr. Lees' curriculum vitae. Further, the Plaintiffs medical bills have not been paid and Dr. Lees is in litigation with the Plaintiffs carrier over those unpaid bills. The Plaintiff elicited testimony from Dr. Lees that he had a pending action against the Plaintiff's carrier and that the amount of her unpaid bills was about $6,000.00. At the time of the deposition, Plaintiffs counsel agreed with the defense counsel that if it was determined that that testimony would be inadmissible, Plaintiffs counsel would strike that portion of the deposition. After completion of Dr. Lees' testimony with respect to his unpaid bills, the Plaintiff has determined that that testimony is not admissible and the Plaintiff will offer no testimony on that issue and will not read that portion of Dr. Lees' deposition. That testimony begins on Page 29 Line 10 and continues until Page 31 Line 19. The next line and page of testimony that is stricken is Page 31 Line 25 through Page 32 Line 2. At the pre-deposition meeting between Plaintiffs counsel and Dr. Lees, Dr. Lees provided bar graph computer printouts that graphically represented the frequency of Plaintiffs visits. The Defendant objected to the use of these during Dr. Lees' testimony (Page 26 Line 18). The Plaintiff has determined not to use those charts. Defendant objected to Dr. Lees answer regarding Plaintiffs return to work. Dr. Lees testified that his suggestion would have been for Plaintiff to take time off from work. Page 24 Line 16 - Line 20. He went on to testify that Plaintiff was single and that she returned to work because she is the only source of income. Defense counsel objected to this testimony. Plaintiff will testify that the reason she returned to work was because she could not afford to miss work. Plaintiff will testify prior to Dr. Lees' testimony eliminating any defect that would arise with Dr. Lees' testimony. on Page 41 Line 8, Plaintiff objected to the Defendant's questions concerning the Mercy Conference Guidelines. Plaintiff withdraws that objection. The Defendant introduced insurance into the case in her questioning of Dr. Lees concerning treatment guidelines known as the Mercy Guidelines that insurance industry interests prepared. Without objection, Plaintiffs counsel further questioned Dr. Lees with respect to the insurance company's ties to the Mercy Guidelines. The Plaintiff believes that after the Defendant introduced insurance into the case and that the prohibition concerning the introduction of insurance into the case is waived. Plaintiff would request the court to direct the Plaintiff in relation to what degree each party should address insurance issues during the trial. The specific objections throughout the deposition and the Plaintiffs position on each objection is: Page 6 Line 15 - Page 8, Line 8. Strike Page 24, Line 16 - Page 25 Line 17 Allow Page 25 Line 18 - Line 23 Strike Page 26 Line 13 - Page 28, Line 10 Strike Page 29 Line 3 - Line 9 Strike Page 29 Line 10 - Page 31 Line 19 Strike Page 31 Line 25 - Page 32 Line 2 Strike Page 32 Line 13 - Line 25 Strike Page 41 Line 8 - Line 21 Strike The only objections remaining for the Court's disposition are: Page 24, Line 16 - Page 25 Line 17 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ?, -fiGeG?? /Jh Nathanael J. Byerl , Esquire Attorney for Plaintiff Attorney I.D. No. 85679 411-A East Main Street Mechanicsburg, PA 17055 Date: April 25, 2001 (717) 795-7790 IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BARBARA KEITER CIVIL ACTION - LAW Plaintiff V. No. 99-7161 Civil Tenn BARBARA COURTNEY JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE 1, Nathanael J. Byerly, hereby certify that 1 did this 25th day of April, 2001, serve a true and correct copy of the Objections in the Deposition of Dr. Corey Lee's, Plaintiff's Treating Chiropractor and Expert on all counsel of record by facsimile and United States mail, first class, prepaid addressed as follows: Matthew R. Gover, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 athanael J?? erIy, quire Attorney fi laintiff Attorney ?D. No. 85679 41 I-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 II Y 1" l?_ '-fn .. ??.... ,1 lay r' r C.J i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BARBARA KEITER Plaintiff CIVIL ACTION - LAW V. BARBARA COURTNEY Defendant No. 99-7161 Civil Term JURY TRIAL DEMANDED POINTS FOR CHARGE JURY1 2.05 (Civ) DEPOSITION TESTIMONY The sworn testimony of Dr. Corey Lees, taken by deposition prior to this trial, is about to be presented to you. The testimony of an expert witness who cannot be present to testify in person, may be presented in this form. Such testimony is given under oath and in the presence of attorneys for the parties, who question the witness. A court reporter takes down everything that is said and then transcribes the testimony. This form of testimony is entitled to neither more nor less consideration by the jury because of the manner of its submission. Modified ?G? JURY 2 5.30 (Civ) EXPERT TESTIMONY--CREDIBILITY GENERALLY You will recall that Dr. Corey Lees gave testimony of his qualifications as an expert in the field of chiropractic. A witness who has special knowledge, skill, experience, training, or education in a particular science, profession, or occupation may give his or her opinion as an expert as to any matter in which he or she is skilled. In determining the weight to be given to the expert's opinion, you should consider the qualifications and reliability of the expert and the reasons given for his or her opinion. You are not bound by an expert's opinion merely because he or she is an expert; you may accept or reject it, as in the case of other witnesses. Give it the weight, if any, to which you deem it entitled. Modified G JURY 3 3.25 (Civ) LEGAL CAUSE In order for the plaintiff to recover in this case, the accident caused by defendant's negligent conduct must have been a substantial factor in bringing about the injuries suffered by the plaintiff or a substantial factor in aggravating pre-existing injury or condition suffered by the plaintiff. This is what the law recognizes as legal cause. A substantial factor is an actual, real factor, although the result may be unusual or unexpected, but it is not an imaginary or fanciful factor or a factor having no connection or only an insignificant connection with the accident. V JURY 4 5.31 (Civ) EXPERT OPINION--BASIS FOR OPINION GENERALLY In general, the opinion of an expert has value only when you accept the facts upon which it is based. This is true whether the facts are assumed hypothetically by the expert, or they come from his or her personal knowledge, from some other proper source, or from some combination of these. C (?- JURY 5 5.50 (Civ) BURDEN OF PROOF In civil cases such as this one, the plaintiff has the burden of proving those contentions which entitle him or her to relief. When a party has the burden of proof on a particular issue, his or her contention on that issue must be established by a fair preponderance of the evidence. The evidence establishes a contention by a fair preponderance of the evidence if you are persuaded that it is more probably accurate and true than not. To put it another way, think, if you will, of an ordinary balance scale, with a pan on each side. Onto one side of the scale, place all of the evidence favorable to the plaintiff, onto the other, place all of the evidence favorable to the defendant. If, after considering the comparable weight of the evidence, you feel that the scales tip, ever so slightly or to the slightest degree, in favor of the plaintiff, your verdict must be for the plaintiff. If the scales tip in favor of the defendant, or are equally balanced, your verdict must be for the defendant. In this case, the plaintiff has the burden of proving one the following propositions: a.) That the accident caused injury to the plaintiff or aggravated a pre-existing condition suffered by the plaintiff. If, after considering all of the evidence, you feel persuaded that this propositions is more probably true than not true, your verdict must be for the plaintiff. Otherwise, your verdict should be for the defendant. C-11-,cl_?' JURY 6 6.00 (Civ) DAMAGES If you find that the defendant is liable to the plaintiff, you must then find an amount of money damages you believe will fairly and adequately compensate the plaintiff for all the physical and financial injury she has sustained as a result of the accident. The amount you award today must compensate the plaintiff completely for damage sustained in the past, as well as damage the plaintiff will sustain in the future. &C?. JURY7 6.01 (Civ) INJURIES TO ADULT NOT RESULTING IN DEATH J , • i The damages recoverable by the plaintiff in this case and the items that go to make them up, each of which I will discuss separately, are as follow: (a)Past 'nnnd sufferinsuffering; ? (b) Future pain n suffering; (c) Past emotional distress; I,G (d) Future emotional distress; (e) Past loss of eU?e; ? (f) Future loss of enjoyment of life; r In the event that you find in favor of the plaintiff, you will add these sums of damage together and return your verdict in a single, lump sum. JURY 8 6011 (Civ) ENJOYMENT OF LIFE The plaintiff is entitled to be fairly and adequately compensated for past, present and future loss of her ability to enjoy any of the pleasures of life as a result of her injuries. JURY9 5.40 (Civ) CAUTIONARY CHARGE: JURY NOT TO ASSUME JUDGE HAS EXPRESSED AN OPINION ON THE EVIDENCE If I have invited your attention to various factors which you may consider in evaluating this case, in doing so, I have not attempted to indicate any opinion on my part concerning the weight which you should give to the evidence or to any part of it and I would not want you to think that I had. In any event, it is for you and you alone to determine the credibility of each witness. JURY 10 2.19 (Civ) EXHIBITS The exhibits which have been identified and received in evidence are now being shown to you for your careful examination, without discussion at this time, to aid you in understanding the testimony. JURY 11 5.06 (Civ) FAILURE TO PRODUCE EVIDENCE In presenting her case, Defendant did not produce expert testimony. The general rule is that where evidence which would properly be part of a case is within the control of, or available to, the party whose interest it would naturally be to produce it and he or she fails to do so without satisfactory explanation, you may draw the inference that, if produced, it would be unfavorable to him or her. Modified BARBARA KEITER, PLAINTIFF V. BARBARA COURTNEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7161 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PROPOSED POINTS FOR CHARGE OF THE DEFENDANT, BARBARA COURTNEY Respectfully submitted, NEALON &,GOVER, P.C. Matthew R. Gover, Esgt Atty. I.D. #47593 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 BARBARA KEITER, PLAINTIFF V. BARBARA COURTNEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7161 CIVIL ACTION -AT LAW JURY TRIAL DEMANDED PROPOSED POINTS FOR CHARGE OF THE DEFENDANT, BARBARA COURTNEY Respectfully submitted, NEALON &,GOVER. P.C. Matthew R. Gover, Esquire Atty. I.D. #47593 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 V-11 D1. You are not permitted to determine your verdict based on guess work, speculation, conjecture or sympathy for a party. Engle v.. Spino, 425 Pa. 254, 228 A.2d 745 (1967). D2. The Plaintiffs claim that they were injured and sustained damage as a result of the negligent conduct of the Defendant. The Plaintiffs have the burden of proving their claims. The Defendant admits that she was negligent, but denies that such negligence was a substantial factor in bringing about the Plaintiffs' injuries. Based upon the evidence presented at this Trial, the only issues for you to decide in accordance with the law as I shall give it to you, are: First: Was the negligent conduct a Substantial Factor in bringing about the Plaintiffs' harm? Second: If, and only if the Defendant's negligence was a substantial factor in bringing about harm to the Plaintiffs, then you are to decide the amount of compensation, if any, to be awarded to the Plaintiffs. Pa. SSJI (Civ.) 3.00 .?- D3. In order for the Plaintiffs to recover, the Defendant's negligent conduct must have been a substantial factor in bringing about the Plaintiffs' harm. This is what the law recognizes as legal cause. A substantial factor is an actual, real factor, although the result may be unusual or unexpected, but it is not an imaginary or fanciful factor or a factor having no connection or only an insignificant connection with the accident. Pa. SSJI (Civ.) 3.25 D4. The number of witnesses offered by one side or the other does not, in itself, determine weight of the evidence. It is a factor, but only one of many factors which you should consider. Whether the witnesses appear too biased or unbiased; whether they are interested or disinterested persons, are among the important factors which go to the reliability of their testimony. The important thing is the quality of the testimony of each witness. In short, the test is not which side brings greater number of witnesses or presents the greater number of witnesses or presents the greater quantity of evidence; but which witness or witnesses, and which evidence, you consider most worthy of belief. Even the testimony of one witness may outweigh that of many, if you have reason to believe this testimony in preference to theirs. Obviously, however, where the testimony of witnesses appear to you to be of the same quality, the weight of numbers assumes particular significance. Pa.SSJI (Civ) 5.03 G c---- D5. A witness who has special knowledge, skill, experience, training or education in a particular science, profession or occupation may give his opinion as an expert as to any matter in which he is skilled. In determining the weight to be given to his opinion, you should consider the qualifications and reliability of the expert and the reasons given for his opinion. You are not bound by an expert's opinion merely because he is an expert; you may accept or reject it, as in the case of other witnesses. Give it the weight, if any, to which you deem it entitled. Pa. SSJI (Civ) 5.30 G `? D6. In general, the opinion of an expert has value only when you accept the facts upon which it is based. This is true whether the facts are assumed hypothetically by the expert, come from his personal knowledge, from some other proper source or from some combination of these. Pa. SSJI (Civ) 5.31 ?G? CERTIFICATE OF SERVICE AND NOW, this 2nd day of May, 2001, 1 hereby certify that I have served the foregoing POINTS FOR CHARGE on the following by hand delivery: David W. Knauer, Esquire KNAUER & ASSOCIATES, LSC 411-A East Main Street Mechanicsburg, PA 17055 Mat hew . Gover CEsq I % BARBARA KEITER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V NO. 99-7161 CIVIL TERM BARBARA COURTNEY, Defendant VERD_ IC_ T S_ 1. was the negligence of the Defendant, Barbara Courtney, a substantial factor in bringing about harm to Plaintiff, Barbara Keiter? YES NO If you answer "Yes," you should proceed to Question 2. If you answer "No," the Plaintiff cannot recover and you should not answer Question 2, and you should return to the Courtroom. 2. State the amount of damages, if any, sustained by Plaintiff Barbara Keiter as a result of the accident. (Date $ r (Foreman) kEV iiv z 1912Av(C ClerklProlh TI atl Judge _ COUR L n OOM NO., CASE NO.: , o[ ' VS I 1 i DATE: DOCKETNO.: Qa Ne RandomNo,_ .. Juror# Name -._. _ ..-.._.-.,_ 2060526242 2 Cortez, Gloria N 2053153401 ?I. 1? Q -1929834271 -1582972832 4 56 Zimmerman, Johnnie L 1446331716 IS Marren, Daniel J _1272775821 i 82 Krause, Kevin L 1071161169 101 Wright, John A .971042187 110 Lightfoot, Charlene C 960020964 182 Otten, Richard R 938298758 -857946633 Pt 3 766813038 111 Potteiger, Elmer H Jr .585786096 116 Snyder, Amy Lee _584402215 ?' Z ? -516284951 -324593411 78 Seiler, Franklin E 4 L? -170949320 81 , A -9979123 z 4 o 122448487 "r' 540155278 680081604 105 Dailey, Ann M 7088 arig 40 Lange, Joan K 854804101 qg Chestnut, Melvin P 879406083 25 Diehl, Nancy L 988807665 1005124561 129 McNaney, James L Jr 1057681032 27 Loope, Deborah J 1128814356 a.- move"Aftw"rb 1198175852 74 Martino, Thomas F 1314841442 49 Wisner, Susan B 1502187338 22 Thumms, Marie K 1970799675 50 Kleeman, Cheryl 1995076011 112 Miculila, Vicky M 2037516734 136 Hodecker, Stephani L 2069272566 37 Kohlhass, Larne K 2107756070 98 Chaplinski, Cathy L - , ? rwedna¦dny, ullAynz, 2fN11 ..