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Home My WebLink About08-6157V Jeffrey R. Boswell, Esquire Supreme Court ID #25444 ,/Kevin D. Gillespie, Esquire Supreme Court ID #78758 Boswell, Tintner & Piccola 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 - Telephone (717) 236-9316 - Facsimile iboswellCc?btoalaw.com Wilesyie0btaalaw.com Attorneys for Plaintiff, Barbara Potter BARBARA A. POTTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. Docket No. 61- b l -S-7 CHARLES J. JOHNSON, 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 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 BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de le demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas os sus objeciones a leas demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso o notificacion y por cualquier queja or alivio que es pedido en la peticion de demanda. Usted peude perder dinero os sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR RAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA ICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA VERIGUAR DONDE SE UEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Jeffrey R. Boswell, Esquire Supreme Court ID #25444 Kevin D. Gillespie, Esquire Supreme Court ID #78758 Boswell, Tintner & Piccola 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 - Telephone (717) 236-9316 - Facsimile iboswellftbtaalaw.com kaillesoiegbbtaalaw.com Attorneys for Plaintiff, Barbara Potter BARBARA A. POTTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. Docket No. d p- 6 5'7 t CHARLES J. JOHNSON, Defendant JURY TRIAL DEMANDED COMPLAINT The Plaintiff, Barbara A. Potter, by and through her counsel, Jeffrey R. Boswell, Esquire, Kevin D. Gillespie, Esquire, and BOSWELL, TINTNER & PICCOLA, files this Complaint, and, in support thereof, states the following: 1. Plaintiff, Barbara A. Potter, is an adult female who currently resides at 46 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Charles J. Johnson, is an adult male who resides at 106 North 6th Street, Oxford, Chester County, Pennsylvania. -1- 3. On October 20, 2006, at approximately 4:05 pm, Plaintiff operated a 1997 Ford Escort, bearing PA registration number WR01869, southbound on North 21St Street, Street, Camp Hill, East Pennsboro Township, Cumberland County, Pennsylvania. 4. On the same date and at the same approximate time, Defendant operated a Mitsubishi Spider, bearing PA registration number FXA6021, northbound on North 21St Street, Street, Camp Hill, East Pennsboro Township, Cumberland County, Pennsylvania. 5. Defendant was the sole registered owner of the Mitsubishi Spider on October 20, 2006. 6. On the same aforementioned location, date, and approximate time, Plaintiff attempted to make a lawful left turn from North 21St Street into the entrance to the parking lot for Weis Markets. 7. On the same aforementioned location, date, and approximate time, Defendant operated his vehicle at an excessively high rate of speed in a lane designated for right turns only. 8. Defendant had no intention of making a right-hand turn, but rather was attempting to pass the vehicles lined up in the lane designated for through traffic. 9. Defendant proceeded to drive his vehicle into the front, passenger side of Plaintiffs vehicle. 10. As a result of the collision, Plaintiff sustained personal injuries, including but not limited to: -2- a. Fractured right tibia; b. Fractured right fibula; C. Fractured right femur; d. L2 vertebral body fracture; e. Multiple rib fractures; f. Costochondral juncture fracture; g. Collapsed right lung; h. Orbital fracture; i. Right glenoid cavity injury; j. Soft tissue injuries; k. Deep venous thrombosis; 1. Chest trauma; M. Heart attack and/or acute heart failure; n. Diaphoresis; o. Interstitial edema; p. Aphagia and/or loss of appetite; q. Tachycardia; r. Shortness of breath and/or respiratory distress; S. Impairment of mental/cognitive faculties and/or loss of memory; t. Persistent severe speech disturbance; and U. Severe and ongoing pain and suffering resultant from the above- identified injuries. -3- 11. As a result of the collision, Plaintiff has incurred expenses for medical treatment, medications, rehabilitation, and other miscellaneous associated expenses for her injuries, and will continue to incur such expenses for the foreseeable future. 12. As a result of the collision, Plaintiff sustained or may sustain losses, all of which were to her great detriment, and for which the following are legally recoverable damages: a. Past and future pain and suffering; b. Past and future loss of life's pleasures; C. Past and future limitations upon her daily activities; d. Past and future embarrassment, humiliation and anxiety; e. Scarring; and f. Past and future incidental costs. 13. As a result of the collision caused by Defendant, Plaintiff sustained property damage to her motor vehicle in excess of $3,000.00. 14. The claims made herein, in toto, is alleged to exceed the applicable limits of arbitration and a jury trial is hereby demanded. COUNT 1 - NEGLIGENCE 15. Plaintiff incorporates paragraphs 1-14 as if fully reproduced herein. 16. The aforementioned collision, injuries, and damages are the direct and proximate result of the negligent, careless, and reckless manner in which the Defendant acted, or failed to act, in the following particulars: -4- a. Defendant violated the Pennsylvania Motor Vehicle Code; b. Defendant violated Roadways Laned for Traffic, 18 Pa.C.S. § 3309; C. Defendant operated his vehicle in careless disregard for persons and property; d. Defendant failed to keep his vehicle under proper control; e. Defendant failed to make reasonable and prudent observations of the conditions then and there existing; f. Defendant was driving at a speed too fast for the conditions then and there in existence; g. Defendant passed motor vehicles in a no passing lane of travel; h. Defendant operated his motor vehicle in a turn-only lane of travel with no intention of turning; Defendant was inattentive to the changing conditions in the traffic and lawfully operating motorists therein; j. Defendant was inattentive to the changing conditions of the roadway and lawfully operating motorists thereon; k. Defendant failed to keep alert, anticipate traffic and roadway conditions, and maintain a proper lookout for other traffic; 1. Defendant failed to observe Plaintiff's vehicle making a lawful turn into a commercial establishment; M. Defendant failed to apply his brakes or take any other evasive action sufficient to avert the collision with Plaintiffs vehicle; n. Defendant continued to operate his vehicle in a direction toward the vehicle Plaintiff was operating when Defendant saw, or, in the exercise of reasonable diligence should have seen, that continued operation in that direction would result in a collision; and -5- o. Defendant was otherwise negligent, careless, and/or reckless under the circumstances as may be deemed at law or revealed during the course of discovery. 17. The Defendant's aforementioned negligent, careless, and reckless conduct caused the aforementioned collision, and all resulting injuries and damages sustained by the Plaintiff thereafter. WHEREFORE, Plaintiff, Barbara A. Potter, demands judgment against the Defendant, Charles J. Johnson, for compensatory damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, which amount in controversy exceeds the threshold requiring compulsory arbitration, together with interest, costs, and delay damages. Respectfully Submitted, Ke in D. Gillespie, Esquir S reme Court I.D. #78758 Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER & PICCOLA 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Counsel for Plaintiff, Barbara A. Potter. Dated: October _q_, 2008 -6- VERIFICATION I, Brett Guy Holmes, Agent Under Power of Attorney of Barbara Ann Potter, dated April 22, 2002, state upon personal knowledge or information and belief that the statements contained in the foregoing Complaint are true and correct, based on my personal knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. tt Guy Holmes Dated: October ?, 2008 _N " ? 1 C7 ` .. h 1 .. ? , y 9lJ 5z? C ' ^ ? ? T v 01 _ d BARBARA A. POTTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6157-CIVIL CHARLES J. JOHNSON, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Charles J. Johnson, with regard to the above-captioned matter. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP 7 Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 Date: //-7-03 (717) 533-5406 It Y CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the day of November 2008, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Kevin Gillespie, Esquire Boswell, Tintner & Piccola 315 N. Front St. PO Box 741 Harrisburg, PA 17108-0741 1 R. Hildabrand N c c ko ate, SHERIFF'S RETURN - OUT OF COUNTY I CASE NO: 2008-06157 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POTTER BARBARA A VS JOHNSON CHARLES J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: JOHNSON CHARLES J but was unable to locate Him deputized the sheriff of CHESTER in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 17th , 2008 this office was in receipt of the attached return from CHESTER Sheriff's Costs: So answers__ ..- J Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Chester Co 55.60 Sheriff of Cumberland County Postage 1.52 94.12 / 11/17/2008 BOSWELL TINTNER PICCOLA Sworn and subscribe to before me this day of , A. D. 1?0//2 _50C °"(ourt,'bf Common Pleas of Cumberland County,.Pennsylvania ?' `41 Barba A. Potter vs. et? q?;P Charles J. Johnson ?d No. 08-6157 civil Now, October 15, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. CS C.) Sheriff of Cumberland County, Pk Please mail return of service to Cumberland County Sheriff. That'ikou`'t Affidavit of Service Now, 11)Ctober H , 20 dY , at I9 ,e25 o'clock P M. served the within No-t'ce_ ? e0Me 1 a IV7+ upon P1, at 6l re p-7 AcUret,5 n O by handing to a and made known to e ' / h ory so ?7 -c ' 114ERIFF'S COSTS fo-a?-o8 X50 op Paid N _ .ration date: // //3 08 Sworn and subscribed befoxe me this ? day of re 200k NOTARIAL SEAL Elisa P. DiMattia -Notary Public West Chester Boro., Chester County MY COMMISSION EXPIRES DEC, 06.2011 copy of the original So answers, the contents thereof. Sheri of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT a ? R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor 4 - . 4 ,?rtt? af. ?lCur??Q?t OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Please mail return of service to Cumberland County Sheriff. Thank you. T0: Hon. Carolyn Welsh Chester County Sheriff Dear Sheriff: Barbara A. Potter RE: VS Charles J. Johnson 08-6157 civil' Enclosed please find Notice and Complaint Charles J. Johnson to be served upon 106 North 6th Street Oxford,-'PA in your County. Kindly make service thereof and send us your return of service. Very truly yours, //. R. Thomas Kline, Sheriff Cumberland Countv, Pennsylvania Enclosures: OFFICE OF THE SHERIFF CHESTER COUNTY JUSTICE CENTER 201 W. MARKET STREET, SUITE 1201 PO BOX 2746 WEST CHESTER, PA 19380-0989 Receipt Type Receipt Number Case Number Description Received From On Behalf Of Itemized Lis Description ESCROW Case Outstanding Amount 365514 Receipt Date 2008-90112-SOC POTTER, BARBARA A VS. JOHNSON, CHARLES 0 POTTER, BARBARA A POTTER, BARBARA A Ling: Receipt Payments Check Comments 1B1C 0.00 10/28/2008 Amount 150.00 Amount Reference Description 150.00 6566 Total Received 150.00 Net Received 150.00 Change 0.00 Deputy Clerk RY Transaction Date 10/28/2008 16:13:07 nn p-? Close Open Save Print Search Mailer Sumns SletAll Deslct Failure ?_>e Nu i _ ?i ,)3 )C-1G-SOC A Tracking to No rase Tyke ALL Issue Date to Service to Date Case Group ALL Return to Date Party Name Operator Reprocess Service 6 -- COMPLAINT - CIVIL Reason ACTION Service PERSONAL SERVICE / PERSO N Method IN CHARGE Search Results Case Number Party Party TypeReaso:i Method Tracking Number T 2008-90112-SOC JOHNSON, CHARLES J 'DFNDT 6 PSPIC X000000201 BARBARA A. POTTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6157-CIVIL CHARLES J. JOHNSON, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Barbara A. Potter c/o Kevin Gillespie, Esquire Boswell, Tintner & Piccola 315 N. Front St. PO Box 741 Harrisburg, PA 17108-0741 You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service hereof or a default of judgment may be entered against you. Date: /,9 ' 16 - b Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Attorney for Defendant BARBARA A. POTTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6157-CIVIL CHARLES J. JOHNSON, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted except the license plate number, not the registration number, was WRO1869. 4. Admitted except the license plate number, not the registration number, was FXA6021. 5. Admitted. 6. Denied. The averments of paragraph 6 are specifically denied and proof thereof is demanded at trial. 7. Denied. The averments of paragraph 7 are specifically denied and proof thereof is demanded at trial. 8. Denied. The averments of paragraph 8 are specifically denied and proof thereof is demanded at trial. 9. Denied. The averments of paragraph 9 are specifically denied and proof thereof is demanded at trial. 2 10. Denied. The averments of paragraph 10 are specifically denied and proof thereof is demanded at trial. 11. Denied. The averments of paragraph 11 are specifically denied and proof thereof is demanded at trial. 12. Denied. The averments of paragraph 12 are specifically denied and proof thereof is demanded at trial. 13. Denied. The averments of paragraph 13 are specifically denied and proof thereof is demanded at trial. 14. Denied. The averments of paragraph 14 state a legal conclusion to which no answer is required and the averments are therefore denied. 15. The averments of paragraphs 1 through 14 hereof are incorporated herein by reference. 16. Denied. The averments of paragraph 16 and subparagraphs (a) through (o) are specifically denied and proof thereof is demanded at trial. 17. Denied. The averments of paragraph 17 are specifically denied and proof thereof is demanded at trial. NEW MATTER 18. Plaintiff's claim is barred, in whole or in part, by the provisions of the Pennsylvania No Fault Motor Vehicle Insurance Act. 19. Plaintiff's claim is barred by the selection of the limit tort option on applicable policies of insurance. 20. Plaintiff s claim is barred, in whole or in part, by the Plaintiff's comparative negligence in the following particulars: 3 a. She operated her vehicle at an unreasonable speed. b. She failed to maintain a reasonable and proper lookout for traffic. C. She failed to yield the right of way to Defendant Johnson's vehicle. d. She turned her vehicle directly into the path of the oncoming Johnson vehicle when she knew, or should have known, that said vehicle had the right of way and was approaching. e. She failed to exercise that degree of care, caution and skill reasonably required under all the circumstance. 21. Plaintiff has failed to mitigate her damages. 22. It is believed, and therefore averred, that some or all of the injuries alleged by Plaintiff pre-existed the accident in question. Date: 62 -?o -6 e Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 4 VERIFICATION I, Karl R. Hildabrand, counsel for Defendant hereby certify that the verification of the Defendant could not be obtained within the time allowed for the filing of this pleading. Therefore, I, as counsel, hereby verify that, upon information and belief, the statements made in the foregoing document are true and correct based upon the information available to me. 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. Date: a-1,3-6y- R. Hildabrand Karl CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the _/0 day of December 2008, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Kevin Gillespie, Esquire Boswell, Tintner & Piccola 315 N. Front St. PO Box 741 Harrisburg, PA 17108-0741 Karl R. Hildabrand 6 O BARBARA A. POTTER, Plaintiff V. CHARLES J. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6157-CIVIL JURY TRIAL DEMANDED PRAECIPE TO APPEND TO THE PROTHONOTARY: Kindly append the attached verification of Charles J. Johnson to the Defendant's Answer and New Matter previously filed in the above matter. Respectfully submitted, Date: Z z B NESTICO, DRUBY & HILDABRAND, LLP 1-e,? ? cps _ / 1--3P Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 VERIFICATION I, Charles J. Johnson, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: arles J. Jo son e-'.., I CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the day of December 2008, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Kevin Gillespie, Esquire Boswell, Tintner & Piccola 315 N. Front St. PO Box 741 Harrisburg, PA 17108-0741 WIMilldlagbrnanndi . r?? <.?,, t,_ s_.? ?, .._? .. f_. ? `? ? . i"t C.,: -?w Jeffrey R. Boswell, Esquire Supreme Court ID #25444 Kevin D. Gillespie, Esquire Supreme Court ID #78758 Boswell, Tintner & Piccola 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 - Telephone (717) 236-9316 - Facsimile iboswel ICcDbtpalaw. com kg it lespie(&-btpalaw. com Attorneys for Plaintiff, Barbara Potter BARBARA A. POTTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CHARLES J. JOHNSON, Docket No. 08-6157-CIVIL Defendant : JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER The Plaintiff, Barbara A. Potter, by and through her counsel, Jeffrey R. Boswell, Esquire, Kevin D. Gillespie, Esquire, and BOSWELL, TINTNER & PICCOLA, files her Response to Defendant's New Matter, and, in support thereof, responds as follows: 18. Paragraph 18 states a legal conclusion to which no response is necessary. 19. Paragraph 19 states a legal conclusion to which no response is necessary. 20. Paragraph 20 states a legal conclusion to which no response is necessary. To the extent a response is deemed necessary, Plaintiff denies that she negligently caused the underlying motor vehicle accident by driving at an unsafe speed, failing to maintain a proper lookout, failing to yield the right-of-way, turning her vehicle into Defendant's vehicle, or in failing to exercise reasonable care, caution or skill, and demands strict proof thereof at trial. 21. Paragraph 21 states a legal conclusion to which no response is necessary. To the extent a response is deemed necessary, Plaintiff denies that she failed to mitigate her damages and demands strict proof thereof at trial. 22. Plaintiff denies that "some or all" of her accident-related injuries pre-existed the underlying motor vehicle accident and demands strict proof thereof at trial. WHEREFORE, Plaintiff, Barbara A. Potter, demands judgment against the Defendant, Charles J. Johnson, for compensatory damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, which amount in controversy exceeds the threshold requiring compulsory arbitration, together with interest, costs, and delay damages. Respectfully Submitted, Ivirn D. Gillespie, Esq ire eme Court I.D. #78758 Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER & PICCOLA 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Counsel for Plaintiff, Barbara A. Potter. Dated: January 2 , 2009 VERIFICATION I, Brett Guy Holmes, Agent Under Power of Attorney of Barbara Ann Potter, dated April 22, 2002, state upon personal knowledge or information and belief that the statements contained in the foregoing Complaint are true and correct, based on my personal knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Itt Guy Holmes Dated: December 3 0 , 2008 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plaintiff's Response to Defendant's New Matter by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 B , - c vin D. Gillespie, Esquir Date: January 2 , 2009 r , ?,? t.': E.? ` :r ?? ?._ -t ?z, ?. t a __.. ,-? ?? ?? - ?• j r c-i _ P.. ?._? '+t? BARBARA A. POTTER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION -LAW NO. 08-6157 CIVIL TERM CHARLES J. JOHNSON, Defendant JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw my appearance for DEFENDANT, CHARLES J. JOHNSON, in the above-captioned matter. NESTICO, DRUBY & HILDABRAND, LLP By: 7 KARL R. HILDABRAND, ESQUIRE Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 Date: 3 -2? (717) 533-5406 0 ? C7 C7. C= x? F;; t O `f " c.n -C ? u3 BARBARA A. POTTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION -LAW NO. 08-6157 CIVIL TERM CHARLES J. JOHNSON, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance for DEFENDANT, CHARLES J. JOHNSON, in the above-case and designate 2000 Linglestown Road, Suite 301, Harrisburg, PA 17110 as the place where papers, process and notices may be served. FORRY, ULLMAN, ULLMAN & FORRY, P.C. B /?? Cam! THOMAS A. WIMM ER, ESQUIRE Attorney I.D. No. 45294 Telephone: (717) 441-9257 Email: twimmer@forryullman.com DATE: 3X2Ola f --; rn:33 " C,Y t COMMONWEALTH OF PENNSYLVANIA COUNTY'OF CUMBERLAND Potter Court of Common Pleas VS. Case Number: 08- Johnson 6157 CERTIFICATE PREREQUISITE TO THE 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, Litigation Solutions, LLC ('LSLLC') on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg 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: 5/28/2009 Litigation Solutions, LLC on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg Attorney for the Defense CC: Thomas Wimmer, Esquire Forry Ullman Harrisburg 2000 Linglestown (toad Suite 301 Harrisburg PA 17110 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY%OF CUMBERLAND Potter Court of Common Pleas Vs. Johnson 08-6157 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Penn State Milton S. Hershey Medical Center Penn State Milton S. Hershey Medical Center Penn State Milton S. Hershey Medical Center Financial / Billing Radiology Medical TO: Kevin Gillespie, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Thomas Wimmer, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 5/8/2009 CC: Thomas Wimmer, Esquire - Court of Common Pleas V0t-ry wk,"o'n - C \att;s? ? If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Thomas Wimmer, Esquire Defense COUNSEL LISTING FOR POTTER VS. JOHNSON County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Gillespie, Esquire, Kevin 315 N. Front Street P.O. Box 741 Harrisburg PA 17108 Opposing Counsel CAN) -tt-t •;-'36•-t37? Potter vs. Johnson 08-6157 File No. SUBPOENA TO PRODUCE DOCUMENTS OIL THINGS FOR DISCOVERY PURSUANT O RULE 4009.22 COh?D-N w & A• T T H OF PENNSYL ANT_R COU-NTY OF CUMBERLAND Penn State Milton S. Hershey Medical Center - Billing TO: (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: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order cornpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: ing es own Road Suite 301 Harrisburg FA, 1/110 TELEPHONE: 717-441-9257 SUPREME COURT ID # ATTORNEY FOR: Defense Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division 11w MAP u ty 7 4ep Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Penn State Milton S. Hershey Medical Center 500 University Drive PO Box 850 Hershey PA 17033 Attention: Billing Department Subject: Potter, Barbara Ann SS#: Date of Birth: 1/18/1926 Requested Items: Complete copy of any and all itemized bills (include ICD9 & CPT codes) from 4/1/2004 to 4/30/2009, denials for inpatient and outpatient accounts, amount charged, amount paid by insurance or Medicare, amount written off, and any amount owed. Potter VS. Johnson COMMONWRA r T?-I OF PENNSYLVANIA COUNTY OF CU-M3ERLA2-q 08-6157 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Milton S. Hershey Medical Center - Medical Records (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: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAIVM: Thomas Wimmer, Esquire ADDRESS: 2000 Linalestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: -11 7-441 - A 2 9 7 SUPREME COURT 1D # 4 5 2 9 4 ATTORNEY FOR: Defense Date: Seal of the Court BY THE COURT: ,az G c Prothonota Civil. Division Deputy loov ?or -7 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Penn State Milton S. Hershey Medical Center 500 University Drive PO Box 850 Hershey PA 17033 Attention: Medical Records Correspondence Subject: Potter, Barbara Ann SS#: Date of Birth: 1/18/1926 Requested Items: Please remit: a complete copy of any and all medical records from 4/1/2004 to 4/30/2009, including records, charts, test results, reports, correspondence, office notes, and computerized records. Potter vs. Johnson COM20--ON`FRA- L TH OF PENNSY11,VANLa COUNTY OF CTj-1vMERLATq 08-6157 File No. SUBPOENA TO PRODUCE DOCUWENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Penn State Milton S. Hershey Medical Center - Radiology (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: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 20-09 Ling es own Road Suite 301 Harrisburg , TELEPHONE: 717-441-9257 SUPREME COURT ED # 45294 ATTORNEY FOR: Defense Date: -?&a Seal of the Court BY THE COURT: Prothonotary, Civil Division Depu . Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Penn State Milton S. Hershey Medical Center 500 University Drive PO Box 850 Hershey PA 17033 Attention: Radiology Films Library Subject: Potter, Barbara Ann SS#: Date of Birth: 1/18/1926 Requested Items: Please remit: Complete copy of any and all diagnostic films and film lists from 4/1/2004 to 4/30/2009, including X-Rays, MRI, and CT scans. t S '?C f f ?1.:. '. IAR 2-9 4ti aJ JJ3 "1 ?+?L.oI}?! .. t ?61z("Cl FORRY ULLMAN, P.C. BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 777 - 5700 ? iLERp? KONG ARY OF THE P Attorney for Defendant, Charles J. Johnson BARBARA A. POTTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION -LAW NO. 08-6157 CIVIL TERM CHARLES J. JOHNSON, Defendant JURY TRIAL, DEMANDED SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT (RULE 1012(b)(2)(ii)) PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance on behalf for Defendant, Charles J. Johnson, in the above case and designate 540 Court Street, Reading, PA 19603 as the place notices and papers other than original process may be served. FORRY By: . N fU?Tr)C, ESQUIRE PRAECIPE FOR WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance for Defendant, Charles J. Johnson, in the above case. r By: Date: THOMAS A. WIMMER, ESQUIRE I?N'? ? FORRY ULLMAN, P.C. BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 777 - 5700 Attorney for Defendant, Charles J. Johnson BARBARA A. POTTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION -LAW NO. 08-6157 CIVIL TERM CHARLES J. JOHNSON, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipes for Entry/Withdrawal of Appearance was mailed by first-class mail, on this date, addressed as follows: Kevin D. Gillespie, Esquire BOSWELL, TINTNER & PICCOLA 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 FORRY ULLMAN, PC By: Date: J H , ESQUIRE ? (p I ?? nutHot 4; FORRY ULLMAN 2014%M ; BY: Joseph F.Murphy,Esquire 1 0: pl Attorney I.D.No. 78119 } 2" 33. 540 Box 542 P 'S 4141°4 1 P.O. ox 542 9UN Reading,PA 19603 Attorney for Defendant,�/A (610)777—5700 Charles J. Johnson BARBARA A. POTTER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA v. : CIVIL ACTION - LAW : NO. 08-6157 CIVIL TERM CHARLES J. JOHNSON, Defendant : PRAECIPE TO SETTLE, DISCONTINUE & END TO THE PROTHONOTARY: Please mark the docket in the above-captioned action Settled, Discontinued & Ended, with prejudice. - ��t1 !J / JA . Date: (z 3 4 K= in D. Gillespie, Esq re Counsel for Plaintiff