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Home My WebLink About01-6617 In the Court of Common Pleas of Cumberland County, Pennsylvania VS. e~ ' ' ~d ~ ~ ,~ ~ ~ ' · To Prothonotary · KII¥ ' ~ 6I ~id I ~) ~t V ~Id 'SA 'ON Commonwealth of Pennsylvania County of Cumberland Kirsten Nicole Ha~is 2305 North Second Street Harrisburg, Pa. 17110 James P. Klippelv~ 636 Erford Road Camp Hill, Pa. 17011 Court o£ Conunon Pleas No. _0_ _1 _-_6_6_ 1_ 7_ _C_i_yi_l_ _T_ _e_r~_ _ .............. X~ .... In _ _ -C- !Y-i-l- - -A-c-t-~ -°-n- -L- -a~- ....................... To _J~V!e~ _ P_~ _Ki~]- ......................... You are hereby not~ied that Kirsten Nicole Harris 2305 North Second Street, Harrisburg_,__P__a_.__l_7__l_l_0_ ......... the Plaintiff haS commenced an action in .... ~iYil-3~W ......................................... against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date ~Qy~r_~fi ,_ 2~Ok ......... 19 .... .~Cs~tis_ J~._Lan_g- ............................. Prothonotary Deputy o, SHERIFF'S RETURN CASE NO: 2001-06617 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRIS KIRSTEN NICOLE VS KLIPPEL JAMES P - REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KLIPPEL JAMES P the DEFENDANT , at 1624:00 HOURS, on the 3rd day of December , 2001 at 636 ERFORD ROAD CAMP HILL, PA 17011 KATHLEEN KLIPPEL, WIFE by handing to a true and attested copy of WRIT OF SUMMONS together with and at 'the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 9 75 00 10 00 00 37 75 Sworn and Subscribed to before me this /3~ day of ~~ ~7~! A.D. ! ;Prothonotary So Answers: R. Thomas Kline 12/06/2001 KRISTEN HARRIS By: v b~puty Sheriff 02HB-00025 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp tliH, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Kll~-r~ NICOLE HARRIS, VS. JAM~S P. KLn, Pg~., DEFENDANT IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6617 Civil Term CML ACTION- LAW JURY TRIAL DEIVIANDED ENTRY OF APPEARANCE TO ~ PROTHONOTARY: ~ Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, lames P. Klippel. Respectfully submitted, Donald R. Doter, Esquu'e Attorney for Defendant Identification No. 39126 Date: February. 21.2002 02HB-00025 LAW OFFICES OF JACOBS & S.ABA 214 Senate Avenue, Suite 503 Camp ltill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant KIRSTEN NICOLE HARRIS, VS. JAM S P. KLIPPEL, IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6617 Civil Term CML ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Date: February 21.2002 Monty J. Batson, Esquire 41 Peters Avenue, Suite 9 Middletown, PA~ ""~17057 D t ~~~ Attorney for Defendant .02HB~0025 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0985 Attorneys for Defendant KIR~'rm~ NICOLE HARRIS, PLAINTIFF VS. JAM~S P. KLIPPEL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6617 Civil Term CIVIL ACTION- LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon plaintiff to file a the entry of a Judgment of Non Pros. Date: February_ 21. 2002 Attorney for Defendant suffer RULE TO FILE COMPLAINT AND NOW, ,th!?. ~__/~ay of ~ ,~ ~.,~ ~/' ,2002 a RUI.R is hereby entered upon the Plaintiff to file a Complaint herein wifffin 20 days after service hereof or suffer the entry of a Judgment of Non Pros. PROTI--ION-OTARY ~l~ · 02HB-00025 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant KIRSTEN NICOLE HARRIS, l~[N'flFle VS. JA~S P. I)g~g2~II)ANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6617 Civil Term CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Date: February 21.2002 Monty J. Batson, Esquire 41 Peters Avenue, Suite 9 Middletown, pA~ Donald R. Dorer, Esqutre Attorney for Defendant 02HB-00025 , ~ LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0955 Attorneys for Defendant KmSTEN NICOLE HARRIS, VS. JAM~ P. I~LIPPEL, Dlg~mAl~r IN I~ COrneT O~ Co~viol'~ PLEAS CUI~ERLAN-D CoUl~, PENNSY]LVA_N]A No. 01-6617 Civil Term CIVIL ACTION- LAW JURY TRIAL DEMANDED NOTICE OF PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS FOR FAILURE TO I~ILE COMPLAINT PURSUANT TO PA.R.C.P. 237.1 TO: Plaintiff, Kirsten Nicole Harris c/o Monty J. Batson, Esquire 41 Peters Avenue, Suite 9 Middletown, PA 17057 DATE OF NOTICE: May 2, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAll,ED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Penn.~ylvania Bar Association Lawyer Referral Service Phone: 1-800-692-7375 (PA ONLY) or 717-238-6715 Respectfully submitted, LAW F OFJA OgS By:\ l~na[~l'~. Dorer, ~Esquire Attorney for Defendant Identification No. 39126 02FIB-00025 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant KniSTEN NICOLE HARRIS, VS. JAM~S P. KLn'P~, D]~NOAlVr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6617 Civil Term CIVIL ACTION = LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached Notice of Praecipe for Entry_ of Judgment of Non Pros For Failure to File Complaint Pursuant to Pa.R.C.P. 237.1 to be served by regular first class mail upon: Date: May 2, 2002 Monty J. Batson, Esquire 41 Peters Avenue, Suite 9 Middletown, PA 17057 ,, /// //' ~ !/ [.. l/I / i ['/ ~,/,[/ /~..~./ /71 1 ~5'na~l~R. Dorer, Esquire Attorney for Defendant 02HB-00025 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant KIRSTEN NICOLE HARRIS, PLAINTIFF VS. JAMES P. KLIPPEL~ DEFENDANT IN Tm~ COtrRT O~ COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6617 Civil Term CML ACTION- LAW JURY TRIAL DEMANDED ANSWER WITH NEW IVIATTER OF DEFENDANT, JAMES P. KLIPPEL, TO PLAINTIFF'S COMPLAINT 1. AdmiRed. 2. Admitted. 3. Admitted. 4.- 15. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). WHF~RFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. 16. Paragraphs 1 through 15 are incorporated herein by reference, and made a part hereof as if set forth in full. 17. pl_~intiff's claims are barred in whole or in part by the pwvisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WI4~FORE, the Defendant respectfully prays this Honorable Court to dismiss plsintiff' s Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. By~ /// ~L~- i/ ~'~ ~'ff' ~o~d R. D~rer, Esquhte Attorney for Defend_~nt Identification No. 39126 02I-H3-00025 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant KmSTEN NICOL~. HARRIS, VS. P. KLIPPEL, IN THE COURT OF COMMON I~,EAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6617 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, J~, verify that the statements made in the foregoing Answer with New Matter of Defendant. James P. l(li _opel. to plaintiff's Complaint, which are within the personal knowledge of the undersigned,-are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my atWrneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, rehting W unsworn falsifications to authorities. Ja~es P. Klfppo~ 02HB-00025 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731=0988 Attorneys for Defendant KIRSTEN NICOLE HARRIS, PLAINTIFF VS. JAMES P. KLIPPEL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COI)NTY, PENNSYLVANIA No. 01-6617 Civil Terla CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer with New Matter of' Defendant- James P. Kliooel, to Plaintiff's Complaint to be served by regular first class mail upon: Date:~2 Monty J. Batson, Esquire 41 Peters Avenue, Suite 9 ~ Middletown, P/~ R. Dorer, Esquire Attorney for Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KRISTEN NICOLE HARRIS COURT OF CO~4ON PLEAS TERM, -VS- JAMES P. KLIPPEL CASE NO: 01-6617 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD R. DORER~ ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/15/2002 DONALD R. DOPER, ESq. Attorney for DEFENDANT DEll-345634 97930--L01 COl%4/,,~OSr~,~ALTH OF PENNSYLVANIA COUNTY OF CI31V~BERLAND IN THE MATTER OF: KRISTEN NICOLE HARRIS -VS- JAMES P. KLIPPEL COURT OF C0~0N PLEAS TERM, CASE NO: 01-6617 CIVIL ~OTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THIIT. S FOR DISCOVERY PURSUANT TO RUT.J~ 4009.21 DR. TUONG BUT MEDICAL RECORDS TO: MONTY J. BATSON, ESQ. MCS on behalf of DONALD R. DORKR~ ESq. intends to serve a subpoena identical to the one that is attached to this notice. Yon have twenty (20) dais from the date listed belo~ in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the twenty daI notice period is waived or if no objection is rode, then the subpoena my be served. Complete copies of any reproduced records my be ordered at your .expense by cc~pletin8 the attached counsel card and returnin~ sa~e to MCS or by cuntacttn~ our local HCS office. DATg: 06~25~2002 CC: DONALD R. DORKR, ESQ. - 0211B-00025 HCS on behalf of DOUAI'.n R. DORKR~ ESq. Attorney for DEFENDANT Any questions regarding this ~atter, contact THE MCS GROUP INC. 1601 l~Ui~T STR~n~T d~8oo PHTLAnKLPHIA, PA 19103 (215) 246-0900 DE02-191107 97930--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIRSTEN NICOLE HARRIS VS JAMES P. KLIPPEL File No. 01-6617 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THING.~ FOR DISCOVERY PURSUANT TO RULE 4009-~ TO: CUSTODIAN OF RECORDS FOR: TUONG BUI, M.D. (Name of Person or Entity) Within twenty (20) days after service of th~bAv~f~]~ are ordered by the com~ to produce the following documents or thin~: at MCS GROUP INC, 1601 MARKET ST., #800,PHILA,PA 19103 -- (Addre~) You may deliver or mail legible copies of the documents or produce thin~s requested by this subpoena, together with the certificate of compliance, to the pa~ty 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 thethings sought. If you fail to produce the documents or thin~ ~equired by this subpoena, within twenty (20) days after its service, the pa~y 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: DONALD R. DORER. ESO. ADDRESS: 214 SENATE AVE., STE 503 C~P RILL. PA 17011 TELEPHONE: 215-266-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: Zz_15/2002 Seal of the Court BY THE COURT: (Eft. 7/973 '=' EXPLANATION OF REQUIRF D RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. TUONG BUI 6085 LINGLESTOWN RD. HARRISBURG, PA 17112 RE: 97930 KRISTEN N. HARRIS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject KRISTEN: N. HARRIS 2305 N. SECOND STREET, HARRISBURG, PA 17110 Social Security ~ 187-62-9840 Date of Birth: 04-28-1965 SU10-382102 9 7 9 3 0 --LO1 02HB-00025 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 1'7011 TELEPHONE NUMBER: ('717) '731-0988 ATTORNEY FOR DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .~as¢ No.: 01-6617 Civil Term Kirsten Nicole Hams, Plaintiff, VS. James P. Klippel, Defendant URY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Donald R. Dorer, Esquire respectfully represems that: , counsel for the Defendant in the above action, The above-captioned action is at issue. The claim of the Plaintiff in the action is unliquidated damages for alleged bodily injury in an amount within local monetary arbitration limits. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Donald R. Dorer, Esquire, Attorney for Defendant Monty J. Batson, Esquire, Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, BY[D/o ~al~'~R' D~rerTilmre Attorney for Defendant Identification No. 39126 &SABA Date: January 10, 2003 ORDER OF COURT AND NOW, [.J~z~ .~,./j .,~t6~ /ct/ 20 0_~3 in consideration of the attachedpetition~~ ~g~/~7'd--, Esquire, ~.ff~.~.~e/~c~,.~/'~v--7~ ,,/, Esquire, and.~.._ ~ , Esquire, are appointed arbitrators in the above- captioned action as prayed for. BY THE COURT, 02HB-00025 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEFHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT Kirsten Nicole Hams, Plaintiff, VS. James P. Klippel, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Ease No.: 01-6617 Civil Term FURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached Petition for Appointment of Arbitrators to be served by regular first class mail upon: Date: January 10, 2003 Monty J. Batson, Esquire 41 Peters Avenue, Suite 9 Middletown, PA 17057 Donald R. Dorer, Esquire Attorney for Defendant KIRSTEN NICOLE HARRIS Plaintiff Ve JAMES P. ICLIPPEL Defendant' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6617 CIVIL TERM In Re: Appointment of Arbitrators _ORDER OF COURT AND NOW February 10, 2003, the appointment of Gre.gory L. Cutler, Esquire, as a member of the arbitration panel in the above captioned matter is vacated, and John C. Porter, Esquire shall be appointed in his stead. Stephen L. Bloom, Esquire and Stephanie E. Chertok, Esquire shall remain as arbitrators. Copies to: Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 Chairman, Board of Arbitrators Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ~o. 6f ~ / J applicable. ) Dace o£ Hear~..ng: Dace of Award.: Arbitrator, 4issen=s. (!nser= name £-~ ~OTI~ OF ~T~/v- OF A~ARD Oe.~uc7 02HB-00025 Kirsten Nicole Harris, Plaintiff, VS. James P. Klippel, Defendant IN THE COURT OF COMMON PLEAS _ CUMBERLAND COUNTY, PENNSYLVANIA 2ase No.: 01-6617 Civil Term IURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND ENO TO THE PROTHONOTARY: Please mark the above-captioned case settled, discominued and ended. Date: Middletown, PA 17057 Attorney I.D.// ~7.q / Attorney for Plaintiff 02HB-00025 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT Kirsten Nicole Harris, Plaintiff, VS. James P. Klippel, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Zase No.: 01-6617 Civil Term IURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attache, d Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: Date: May 14, 2003 Monty J. Batson, Esquire 41 Peters Avenue, Suite 9 Middletown, PA 17057 Donald R. Dorer, Esquire Attorney fi)r Defendant