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Home My WebLink About01-0135R.J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: {7~7) 234-6883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE BROOKS 2201 E. Cedar Run Road CampHill, PA 17011, Plaintiff SHERPd R. ALLEMAN 300 Manchester Road Camp Hill, PA 17011 Defendant DOCKET NO. ('3~ -- /AC JURY TRIAL DEMANDED NOTICE TO PLEAD 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 an 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 2 Liberty Ave. Carlisle, PA ! 7013 Telephone (7! 7) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demandas que se presentan mas adelante en las siguientes paginas, debe romar accion dentro de los proximos veinte 120) dias despues de la notification de esta Demanda y Aviso radica~do personalmente o pot medio de un abogado una comparecencia escrita y radicando en la Corte pot escrito sus de£ensas de, y objeccioned a, las demandas presentadas aqui en contra suya. Se le advierte de clue si usted t~alla de romar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo pot cualquier suma de dinero reclamacion o remedio solictado pot el demandante puede set dictado en contra suya pot la Corte, sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Ave. Carlisle, PA 17013 Telephone (717) 249-3166 R.J. MARZELLA & ASSOCIATES, F.C. BY: RobinJ. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234fo883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE BROOKS 2201 E. Cedar Run Road Camp Hill, PA 17011, Plaintiff V. SHERPd R. ALLEMAN 300 Manchester Road Camp Hill, PA 17011 Defendant DOCKET NO. ~]- /.~" ~ 7~Y~c,~ JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Danielle Brooks, is an adult individual, who at all relevant times hereto resided at 2201 E. Cedar Run Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Sherri R. Alleman, is an adult individual, who at all relevant times hereto resided at 300 Manchester Road, Camp Hill, Cumberland County, Pennsylvania. 3. Brooks was traveling eastbound on Lowther Street. On or about January 19, 1999 at approximately 7:28 a.m., Danielle 4. Ultimately, Ms. Brooks brought her vehicle to a stop in the left-hand lane at the northbound ramp for Route 83. 5. While waiting to enter the northbound ramp of Route 83, Ms. Brooks' vehicle was struck violently on the passenger side by a vehicle driven by Sherri Alleman. 6. At the time of the accident, Ms. Brooks had her minor daughter, Brooke Smith in the car. 7. Due to the severity of the impact both Ms. Brooks and her daughter required treatment at Harrisburg Hospital. 8. Fortunately, Brooke Smith was treated and released. 9. As for Ms. Brooks, she required more extensive treatment due to the severity of her injuries. I 0. The accident which occurred on January 19, 1999 was due to the negligence and carelessness of the Defendant, Sherri Alleman in that she struck Plaintiffs vehicle in the passenger side causing Plaintiffto sustain injuries and damages as set forth below. 11. As a result of the negligence of the above-named Defendant, Plaintiffhas suffered the injuries and damages as detailed herein. 12. As a direct and proximate result of the Defendant's negligence, Ms. Brooks has suffered permanent and severe injuries and a claim is made therefore. 13. As a direct and proximate result of the negligence of the named Defendant, Plaintiff, Ms. Brooks has been and will continue to be forced to incur 2 liability for medical treatment, medicines, hospitalizations and similar miscellaneous expenses throughout her adult lifetime and a claim is made therefore. 14. As a direct and proximate result of the Defendant's negligence as alleged herein and incorporated by reference, Plaintiff, Ms. Brooks has undergone and in the future will undergo great mental and physical pain and suffering, great inconvenience in carrying out her daily activities, a loss of life's pleasures and enjoyment and a claim is made therefore. 15. As a direct and proximate result of the Defendant's negligence as alleged herein and incorporated by reference, Plaintiff, Ms. Brooks has been and in the future will be subject to great humiliation, disfigurement and embarrassment and a claim is made therefore. 16. As a direct and proximate result of the Defendant's negligence as alleged herein and incorporated by reference, Plaintiff, Ms, Brooks has in the past and will in the future sustain a loss of earnings, a permanent impairment of her earning power and earning capacity and a claim is made therefore. ! 7. As a direct and proximate result of the Defendant's negligence as alleged herein and incorporated by reference, Plaintiff, Ms. Brooks has been advised and therefore avers that the damages and injuries as alleged herein are permanent and a claim is made therefore. 18. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, the vehicle driven by Defendant collided with Ms. Brooks' vehicle causing her to sustain severe, extensive and permanent personal injuries including but not limited to injuries to her neck, back, upper extremities, head, and numerous other areas of injury and pain requiring medical treatment and therapy in the past and which may require medical treatment and therapy in the future and a claim is made therefore. COUNT I Danielle Brooks v. Sherri Alleman 19. The allegations contained in paragraphs 1 through ]8 of Plaintiffs Complaint are incorporated herein by reference as if set forth at length. 20. Regarding the accident which is the subject maturer of this Complaint, Defendant was negligent, careless and reckless in the operation of a motor vehicle in the following particulars: (a) operating his vehicle in violation of the ordinances of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles, including reckless driving, which constitutes negligence as a matter of law; (b) failing to have the vehicle under proper and adequate control in order to stop or avoid striking Ms. Brooks' vehicle; (c) failing to keep an appropriate lookout to avoid striking Ms. Brooks' vehicle; (d) failing to maneuver her vehicle appropriately in order to avoid striking Ms. Brooks' vehicle; (e) operating the vehicle without due regard for the rights, safety, well being, and position of Ms. Brooks under the circumstances; 4 (f) operating her vehicle at an excessive rate of speed under the circumstances; (g) failing to lawfully stop at a stop sign/traffic control device; (h) improperly, inappropriately and/or illegally turning in front of the Plaintiffs vehicle; (i) failing to yield the right of way to oncoming traffic; and, (j) failing to appropriately judge the time and distance available to safely pass Plaintiff. 21. Defendant Alleman is liable to the Plaintiff for the injuries and damages as alleged herein and as set forth in paragraphs 12 through 18 above which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiff, Danielle Brooks demands judgment against Defendant, Sherri Alleman in an amount in excess of $25,000.00, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, R.J. Marzella & Associates, P.C. Supreme Court I,D. No. 86072 3513 North Front Street Harrisburg, P^ 17110 {717) 234-7828 Attorneys for Plaintiff, Danielle Brooks Dated: December 27, 2000 VERIFICATION 1, Danielle Brooks, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Danielle Brooks Dated: CERTIFICATE OF SERVICE 1, Charles W. Marsar,Jr., hereby certi~ that true and correct copies of the foregoing Complaint was served upon all counsel of record this 5th day of }anuary, 2001, by mailing said document via United States Postal Service to Cumberland County Courthouse, Office of the Cumberland County Prothonotary located at One Courthouse Square, Carlisle, Pennsylvania, 1701:3 for service, via hand delivery by the Sheriff of Cumberland County, upon the Defendant at her residential address listed below: Sherri R, Alleman 300 Manchester Road Camp Hill, PA 17011 R.J. Marzella & Associates, P.C. SHERIFF'S RETURN - CASE NO: 2001-00135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROOKS DANIELLE VS ALLEMTtN SHERRI R REGULAR SHAWN HARRISON , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE ALLEM~LN SHERRI R DEFENDANT , at 0019:20 HOURS, at 300 MANCHESTER RD CAMP HILL, PA 17011 BRAD ALLEMAN (HUSBAND) a true and attested copy of COMPLAINT & NOTICE IN MORTGAGE FORECLOSURE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the llth day of January together with by handing to 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 8 68 00 10 00 00 36 68 Sworn and Subscribed to before me this 2Y ~ day of ~ ~/ A.D. Fr~thonotary ~-- So Answers: R. Thomas Kline 0 /1s/200 R. J, MARZELLA & ASSOC. Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant DANIELLE BROOKS Plaintiff SHERRI R. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. : CIVIL ACTION - LAW : : No. 01-135 CIVIL TERM : : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF A~PEARANCE TO THE PROTHONOTARY: Please enter the Esquire, of Goldberg, behalf of Defendant, appearance of Jefferson J. Shipman, Katzman & Shipman, P.C., as counsel on Sherri R. Alleman. Date: ~/~ /~ 58320.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. I D. #: 51785 3Z0 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a served on the following counsel of record, in the United States Mail, postage prepaid, Pennsylvania, on '/'/.,. : copy of the foregoing has been duly by depositing the same in Harrisburg, Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, 3513 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. Je'~on J. Ship, n, Esquire I. 5 #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant DANIELLE BROOKS Plaintiff SHERRI R. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. : CIVIL ACTION - LAW : : No. 01-135 CIVIL TERM : : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and her Attorney, Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, 3513 North Front Street Harrisburg, PA 17110 P.e. YOU ARE HEREBY notified to plead to the within New Matter of Defendant, Sherri R. Alleman, within twenty (20) days of service hereof. 58332.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. ~.~ f~ '~n~ ~Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant. DANIELLE BROOKS Plaintiff Vt SHERRI R. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW : : No. 01-135 CIVIL TERM : : JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, SHERRI R. ALLEF~%N AND NOW, through her counsel, the following Answer comes the Defendant, Sherri R. Alleman, by and Goldberg, Katzman & Shipman, P.C., and files and New Matter in response to Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 3 and the same are, therefore, denied and strict proof demanded at the time of trial. is as the same are, therefore, denied and strict time of trial. 5. Admitted in part, denied in part. 4. Denied. After reasonable investigation, the Defendant without sufficient knowledge or information to form a belief to the truth of the averments contained in Paragraph No. 4 and proof demanded at the It is admitted only that there was a Plaintiff and the vehicle operated by Defendant. averments of Paragraph No. 5 are conclusions of which no response is required. If a response the averments contained therein are required, denied. 6. collision between the vehicle operated by The remaining law and fact to is deemed to be specifically Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 6 and the same are, therefore, denied. 7. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 7 and the same are, therefore, denied and strict proof demanded at the time of trial. 8. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief 2 as to the truth of the averments contained in Paragraph No. 8 and the same are, therefore, denied. 9. Denied. After reasonable investigation, is without sufficient knowledge or information to the Defendant form a belief as to the truth of the averments contained in Paragraph No. 9 and the same are, therefore, denied. 10. Admitted in part, denied in part. It is admitted only that there was an impact between the vehicle operated by Defendant and the vehicle operated by Plaintiff. averments of Paragraph No. 10 are conclusions response is required. If a response the averments contained therein are which no required, denied. 11. The remaining of law and fact to is deemed to be specifically Denied. The averments contained in Paragraph No. 1t are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 11 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. 12. Denied. The averments contained in Paragraph No. 12 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 12 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. 13. Denied. The averments contained in Paragraph No. 13 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant information to form a belief averments contained in Paragraph No. alleged injuries and damages and the and strict proof demanded at 14. Denied. The averments contained in in part conclusions of law and fact to which is without sufficient knowledge or as to the truth of the remaining 13 relating to Plaintiff's same are, therefore, denied the time of trial. Paragraph No. 14 are no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 14 relating to alleged injuries and damages and the same are, therefore, and strict proof demanded at the time of trial. 15. Denied. The averments contained in Paragraph No. 15 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 15 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. 16. Denied. The averments contained in Paragraph No. 16 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 16 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. remaining Plaintiff's denied 17. Denied. The averments contained in Paragraph No. 17 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. alleged injuries and damages and the same are, and strict proof demanded at the time of trial. 18. Denied. The averments contained in in part conclusions of law and fact to which 17 relating to Plaintiff's therefore, denied Paragraph No. 18 are no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph No. 18 relating to Plaintiff's alleged injuries and damages and the same are, therefore, denied and strict proof demanded at the time of trial. COUNT I DANIELLE BROOKS v. SHERRI ALLEMAN 19. The answering Defendant incorporates herein by reference her answers to Paragraph Nos. 1 through 18 above as though fully set forth herein at length. 20. Subparagraphs (a) through (j), which no response is required. required, denied. (a) Denied. The averments contained in Paragraph No. 20, are conclusions of law and fact If a response is deemed to be the averments contained therein are specifically to Denied. It is specifically denied that the Defendant operated her vehicle in violation of the ordinances of the Commonwealth of Pennsylvania, pertaining to the operation of motor vehicles, including reckless driving, which allegedly constitutes negligence as a matter of law; {b) Denied. It is specifically denied that the Defendant failed to have her vehicle under proper and adequate control in order to stop or avoid striking the Brooks vehicle; (c) Denied. It is specifically denied that the Defendant failed to keep an appropriate lookout to avoid striking the Brooks vehicle; (d) Denied. It is specifically denied that the Defendant failed to maneuver her vehicle appropriately in order to avoid striking the Brooks vehicle; (e) Denied. It is specifically denied that the Defendant operated her vehicle without due regard for 7 (f) the right, safety, well being and position of Ms. Brooks under the circumstances; Denied. It is specifically denied that the Defendant operated her vehicle at an excessive rate of speed under the circumstances; (g) Denied. It is specifically denied that the Defendant failed to lawfully stop at a stop sign/traffic control device; (h) Denied. It is specifically denied that the Defendant improperly, inappropriately and/or illegally turned in front of the Plaintiff's vehicle; (i) Denied. It is specifically denied that the Defendant failed to yield the right-of-way to oncoming traffic; and (j) Denied. It is specifically denied that the Defendant failed to appropriately judge the time and distance available to safely pass Plaintiff. 21. Denied. The averments contained in Paragraph No. 21 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, the Defendant incorporates herein by reference her answers to Paragraph Nos. 1 through 18 above as though fully set forth herein at length. WHEREFORE, the Defendant, Sherri R. Alleman, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of further answer and reply, Defendant interposes the following New Matter defenses: 22. That the Plaintiff's Complaint fails to state a cause of action upon which relief can be granted.. 23. That the Plaintiff's claims may be barred by the applicable Statute of Limitations. 24. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et seq. 25. That Plaintiff's claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. §1705, et seq. 26. That the accident and any injuries allegedly sustained by Plaintiff may have been caused in whole or in part by the negligence of third persons not presently involved in this action. 9 27. That if it should be found that there was negligence on the part of Defendant, Sherri Alleman~ negligence is expressly denied, proximate cause of any damages any which any such negligence was not a to the Plaintiff. the Plaintiff suffered the injuries alleged in in whole or in part by in this action is 28. That if her Complaint, those injuries were caused the negligence of Plaintiff, and recovery barred or diminished in accordance with the Pennsylvania Comparative Negligence Statute, 42 Pa. C.S.A. ~7102, et seq., and by the Doctrine of Comparative Negligence. 29. That the Plaintiff may have assumed the risk of the injuries allegedly sustained by her by reason of her own negligence and carelessness. 30. That the accident and any resulting injuries were caused in whole or in part by an intervening, superseding cause. 31. That the accident and any resulting injuries were caused in whole or 32. That the been unavoidable due in part by a sudden emergency. accident and any resulting injuries may have to poor weather conditions. 10 WHEREFORE, the Defendant, Sherri R. Alleman, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. GOLDBERG, KATZMJkN & SHIPNLAN, P.C. A'~torney I.D. #51785 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 58332.1 11 VERIFICATION I, Sherri R. Alleman, in this action; that Defendant and that the facts stated therein are true and correct to best of my knowledge, information and belief. I understand that any false statements subject to penalties of 18 Pa. C.S. Section 4904, unsworn falsification to authorities. hereby acknowledge that I am the I have read the foregoing document the herein are made relating to Date: ~21~/~91 Sherri R. Alleman CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on : Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, 3513 North Front Street Harrisburg, PA 17110 Poe. GOLDBERG, KATZMAN & SHIPMAN, P.C. I.D. %: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile; (717)2344~883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE BROOKS 2201 E. Cedar Run Road Camp Hill, PA 17011, Plaintiff SHERR! R. ALLEMAN 300 Manchester Road Camp Hill, PA 1701 ! Defendant DOCKET NO. 01-135 Civil Term JURY TRIAL DEMANDED PLMNTIFF'S REPLY TO DEFENDANT'S NEW MATI'ER 22. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 23. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the Plaintiff's claims may be barred by the applicable Statute of Limitations. 24. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa, C.S.A. §! 701, et seq. 25. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the Plaintiffs claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. §1705, et seq. 26. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the accident and any injuries allegedly sustained by Plaintiff may have been caused in whole or in part by the negligence of third parties not presently involved in this action. 27. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, if it should be found that there was any negligence on the part of Defendant, Sherri Alleman, any such negligence was not a proximate cause of any damages to the Plaintiff, 28. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the injuries alleged in the Plaintiffs Complaint were caused in whole or in part by the negligence of Plaintiff, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Statute, 42 Pa. C.S.A. §7102, et seq., and by the Doctrine of Comparative Negligence. 29. The allegation herein states a conclusion of law to which no response is necessary, To the extent that a response may be required, it is specifically denied that, the Plaintiff may have assumed the risk of the injuries allegedly sustained by reason of her own negligence or carelessness. 30. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the accident and any resulting injuries were caused in whole or in part by an intervening, superseding cause. 3~. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the accident and any resulting injuries were caused in whole or in part by a sudden emergency. 32. The allegation herein states a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that, the accident and any resulting injuries may have been unavoidable due to poor weather conditions. WHEREFORE, Plaintiff, Danielle Brooks, respectfully requests that the New Matter of Defendant Sherri R. Alleman be dismissed and this Honorable Court enter judgment in Plaintiff's favor. Dated: ,2001 Respectfully submitted, R.J. Marzeila & Associates, P.C Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Attorneys for Plaintiff, Danielle Brooks CERTIFICATE OF SERVICE 1, Meredith A. Marzella, HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs Reply to Defendant's New Matter was served on all counsel of said copy in the United States Mail at Harrisburg,'gennsylvania, postage pre-paid, First- Class delivery, addressed as follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 By: R.J. Marzella & Associates, P.C. CERTIFICATE PREREQUISITE TO SERVICE OP A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DANIELLE BROOKS SHERRI R. ALLEMAN -VS- COURT OF CO~ON PLEAS TERM, CASE NO: 01-135 CIVIL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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 prior to the date on which the subpoena is sought to be served, A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: Attorney for DEFENDANT DE12-213054 55 948--L01 COlVIFIO~ALTH OF PENNSYLVANIA COUNTY OF CUlVIBERLAND IN THE MATTER OF: DANIELLE BROOKS SHERRI R. ALLEMAN -VS- COURT OF C0~940N PLEAS CIVIL TEP. M, CASE NO: 01-135 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: CBARLES W. MA~SAK, J~. ESQUIRE MCS on behalf of JgeemmSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days rrm 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 ~s ~de, then the subpoena may be served. C~,plete copies of any reproduced records may be ordered at your expense by c-~pletlng the attached counsel card and returning sm--- to HCS or by contacting our local MCS office. DATE: 0410112001 CC: JEP~zKSON J. SNIPMAN, ESQUIRE - BRO0~S MCS on behalf of JE~KSON J. SHIPMAN, ESQUIRE Attorney for DEI~NDANT Any questions regarding this matter, contact Tm~MCS GKOUP INC. 1601 MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-149053 55948--C01 LOCATION LIST <<< PAGE: 1 EECOPJ)S t~!;qU~ S'~IQ) I~'DICAL I~DICAL Mgl)IC.~L BIB MBDICAL ~4PLOYME~T }~DICAL MEDICAL LOCATION HAeRISBURG HOSPITAL H~&LTHSOUTH E~HABILITATION HSP H~ALTHSOUTH ~B O]~T~OPEDIC SUNG. OP CENTEAL PA GOUSg HEALTH S~VICES ~NSANA CLINIC N. AI4~ICA TELECO~ONICATIONS HARRISBURG I~AMILY PRACTICE CTR 14C~;u~ & ASSOCIATES, PT DE02-149053 ~59z~8--C01 .ZELLA oCIATES · Counselors At Law 3513 NoaT}q FRoN'r STREET, ~[ARRISBURG, PENNS'tLVANIA 17110 717.234.7828 888.838.3426 717.2346883 FXX Jefferson J. Shipman, Esquire March~ Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Re: Brooks v. Alleman Cumberland County C.C.P. No. 01-135 C Dear Jeff: '\ I am in receipt of your Notice of Intent to Serve Subpoqnas on the following: Harrisburg Hospital HealthSouth Rehabilitation HSP HealthSouth Rehab Orthopedic Surg. Of Central PA Gouse Health Services Mensana Clinic N. American Telecommunications McCuen & Associates, PT In an effort to expedite this process, I hereby waive the twenty day (20) objection period. By copy of this correspondence, MCS may begin complying these records. Upon your receipt of these records, kindly provide me with a copy of Ms. Brooks' employment records from N: American Telecommunications. truly yours, R.J. Marzella & Associates, P.C. Chariest. Marsa~', .Ir.~--'~ cc: The MCS Group Inc. COMMONWEALTH OF PENNSYLVANIA '- CO UNTY OF CUMBERLA_ND DANIELLE BROOKS VS SHERRI R. ALLEMAN File No. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUM~'TS OR THINGS FOR DISCOVERY PURSUA_N-F TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL (Name of Penson or E~z?) Within rwe.? (20) days a~er service of' this subpo~rm, you ate order~:l by the ~ourt to produce the following documents or things: R '~.F. ATTACRE'D at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 {Address) You may aeib,'er or mail legible copies of the documents or produce thina~ requested by this subpoena, together with the certificate ~ compliance, to the part7 making this request at the ad~ IL~e~ above. You have the right to seek, in advance, the .~asonable cost of preparing the copies or producing the things sought. If you fa.il to r-?oduce the documents or things required by this subpoerm, with.in rwen~ (20) days after its ser','ice, the patty, servin$ this subpoena may seek a court order compelling you to comply w~th THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM~ JEFFERSON J. SMTPMAN. ESOUIRE ADDRESs:PO BX 1268 HARRISBURGM PA 17108 T£L£PHONR 215-246-0900 SUPREME COURT ID #: ATTO~N~'FOI~ DEFENDANT · Prothonot~//q~. Civ'tl' Di v~io~J Seal of the Court (Eft. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 171012099 RE: 55948 DANIELLE BROOKS Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: DANIELLE BROOKS 2201 E. CEDER RUNRD.,, CAMP HILL,, PA 17011 Social Security ~ 20%54-5862 Date of Birth: 07-26-1971 SU10-297976 559 48--L01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DANIELLE BROOKS SHERRI R. ALLEMAN -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-135 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE w 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 0410112001 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213046 5 5 9 48--L0 3 COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.-LND DANIELLE BROOKS VS SHERRI R. ALLEMAN File No. 01-135 CIVIL SUBPOENA TO PRODUCE DO~'TS OR THINGS FOR DISCOVERY PURSUA.N'T TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: HEALTttSOUTH Within rwe..-~..- Od)) days after set'.'ice of this subpoena, you are ordete~l by the court to produce the following documents or things: RF.E ATTA CHF. I~ MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may deib.-er or mail legible copies of the documents or produce things te~..uested by th~s subpoena, together with the certificate of.' compliance, to the party, ma,king this request at the ad~ li~ted above. You have the right to seek, in advance, the .--'-monabie cost of preparing the copies or producing the things sought. If you fa. il tc ~oduce the documents or things required by th~s subpoerta, v.'it?.in twenty. (20) days after its service, the party, serving th~s s:~poena may seek a court order compelling you to comply with THIS SL'~POENA WAS ISSUED AT THE REQUEST OF TI-IE FOLLOWING PERSON: NAMI:. .TEFFERRON J. SHIPMAN. ESOUIRE ADDR~:~_c:PO BX 1268 HARRISBURGM PA ~ '~_CE TEL£PMON:' 215-246-0900 SUPRF_ME COURT ID #: A'I'TO R.N;~'Y FOR: DEFEMDANT DATE: Seal of the Court (Elf. 7/9/-') EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHABILITATION HSP OF MECHANICSBURG 175 LANCASTER BLVD MECHANICSBURG, PA 17055 RE: 55948 DANIELLE BROOKS Any and all records, correspondence, files and memorandums, handwritten notes, relating to any exarmnation, consultation care or treatment. Dates Requested: upto and including the present. Subject :DANIELLE BROOKS . .~ 2201 E. CEDER RUN RD.,, CAMP HILL,, PA 17011 Social Security//:. 207-54-5862 Date of Birth: 07-26-1971 SU10-297978 55948--L03 CERTIFICATE PREP~QUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DANIELLE BROOKS SHERRI R. ALLEMAN -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-135 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE ~ 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213047 55948--L0 4 COMMON'WEALTH OF PENNSYLVANIA '- COUNTY OF CUMBERI..~",~D DANIELLE BROOKS VS SHERRI R. ALLEMAN File No. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUM~-rs OR THINGS FOR DISCOVERY PURSUA_N-I' TO RULE 4009 o.22 TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHABILITATION OF MECHANICSBURG (Name of ?,r~on or ~rl,4?) Within ~e..'~...' {20) days al'les service of this subpoena, you are ordered by the cour~ to produce the following documents or ~hings: RFF ATTACIq~ at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Add,ess) You may deE, ver or mail legible copies of the documents or produce things rm~.uested by this subpoena, together with the cen'lficate o.' compliance, to the pan? making this request at the ad~ lis~ed above. You have the right to seek. in advance, the .'easonable cost of preparing the copies or producing the thin,ts s~q~.ht. If you fail to ~oduce the documents or things required by this subpoena, within rwen~. C0) days ~ter its ser','ice, the pam, y. serving this subpoena may seek a court order compelling you to comply with THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: .;EYFERSON J. ,qHTPMAN, ESOUIRE ADDRESs:PO BX 1268 HARRISBURGM PA 17108 TEL£?HON:' 215-246-0900 SUPREME COUP, T ID #: ATTO R.\'EY FOR: DEFENDANT Pr~thono~r~.~lerk. ~vfl Divisio~ Seal of the Court (-'_ff. 7/9,-) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB 920 CENTURY DRIVE MECHANICSBURG, PA 17055 RE: 55948 DANIELLE BROOKS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: upto and including the present. Subject: DANIELLE BROOKS ~ 2201 E. CEDER RUN RD.,, CAMP HILL,, PA 17011 Social Security ~: 207-54-5862 Date of Birth: 07-26-1971 SU10-297980 ~ 5 9 4 8 --LO 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DANIELLE BROOKS SHERRI R. ALLEMAN -VS- COURT OF C0~9{ON PLEAS TERM, CASE NO: 01-135 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE . certifies that (i) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213048 5 5 9 48--L05 COMMON'WEALTH OF PENNSYLVANIA -- COUNTY OF CUMBERLAND DANIELLE BROOKS VS SHERRI R. ALLEMAN File No. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUM~--N"FS OR THINGS FOR DISCOVERY PURSUA.N'T TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: ORTMOPLrDIC SURGEONS OF CENTRAL PA Within v*.e.? {20) days after service of this subpoena, you a.re ordered by the ~ourt to produce the following documents or things: RF.F ATTAC1qE~ MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may dei~.'et or marl legible copies of the documents or produce t~.Jngs requested by this subpoena, together with the certificate m.' compliance, to the party, ma~ng this request at the address ~.stecl above. You have the right to seek, in advance, the .'~monabie cost of prepa:ing the copies ot producing the t~n~ ~o~ght. If you fall to r-,roduce the documents or things required by this subpoena, v.-ithin twenty. (20) days after its service, the parry. serving t~is s:abpoena may seek a court order compelling you to comply with THIS SL'BPOENA WAS ISSUED AT THE REQUEST OF 'I'}-IE r--OLLOWING PERSON: N.-~MI:' .IEFFERflON J. .qHTPMAN. ESOUIRE ADDRES_c:PO BX 1268 RARRISBURGM PA 17108 TELE?HON:' 215-246-0900 SUPREME COURT ID #: A'l'rO RNEY FOI~ DEFENDANT BY TI~ COURT:O//,~ Prothono~.K~er~ ~v~ Oivisio Seal of the Court (Eft. 7/9,~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC SURG. OF CENTRAL PA 99 NOVEMBER DRIVE CAMP HILL, PA 17011 RE: 55948 DANIELLE BROOKS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: upto and including the present. Subject: DANIELLE BROOKS .. 2201 E. CEDER RUN RD.,, CAMP HILL,, PA 17011 Social Security ~ 207-54-5862 Date of Birth: 07-26-1971 SU10-297982 55948--L05 CERTIFICATE PREEEqUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DANIELLE BROOKS SHERRI R. ALLEMAN -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-135 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE .. 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 prior to the date on which the subpoena is souEht to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213049 5 5 9 48--L0 6 COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.~ND DANIELLE BROOKS VS SHERRI R. ALLEMAN File No. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUM~-rS OR THINGS FOR DISCOVERY PURSUA.N'T TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: GOUSE HEALTH SERVICES (Name of ~'i:hin ~'e.,'~,..' I~) days after sen'ice of this subpoena, you ,u'e ordered by the c'oun to produce the following documents or things: ~F'E A TTA f~YIIEl') at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may deib,-er or mail legible copie~ of the documents or produce things r~Iaested by this subpoena, together with the certificate o..' compliance, to the pa~'y making this request at the ad~ l~lted above. You have the right to seek, in advance, the .'~uonable cost of preparing the copies or producing the things sou.~.ht. if you fzil to ~oduce the documents or things required by this subpoeral, with.in twenty [20) days after its service, the parry. serving :~s subpoena may seek a cmu't order compelling you to comply with i*_ THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: .IEFFERSON J. SHIPMAN. ESOUIRE ADDRF_Ss:P0 BX 1268 HARRISBURGM PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTO ICNEY FOR: DEFENDANT DATE: BY TI-IE COURT: /~ ~. Seal of the Court (-'-ff. 719~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GOUSE HEALTH SERVICES 427 N. ENDA ROAD STE.H LOWER LEVEL ENOLA, PA 17O25 RE: 55948 DANIELLE BROOKS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: upto and includil~ the present. Subject: DANIELLE BROOKS 2201 E. CEDER RUN RD.,, CAMP HILL,, PA 17011 Social Security #: 207-54-5862 Date of Birth: 07-26-1971 SU10-297984 5~9 48--L0 6 CEKTIFICATE PREKE(~UISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DANIELLE BROOKS SHERRI R. ALLEMAN -VS- COURT OF C0~940N PLEAS TERM, CASE NO: 01-135 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE ~ 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213050 55948--L0 7 COMMONWEALTH OF PENNSYLVANIA ' COUNTY OF CUMB ERLA.N'D DANIELLE BROOKS VS SHERRI R. ALLEMAN File No. 01-135 CIVIL SUBPOENA TO PRODUCE DOC-U54~'TS OR T/-IINGS FOR DISCOVERY PURSUA.N-F TO RULE 4009 TO: CUSTODIAN OF RECORDS FOR: MENSANA CLINIC (N~me of Person or Within rwe..--)..- (20) days after sem.'iee of this subpoena, you a~e order~;I by the ~,uvt to produce the following documents or ~hings: c~VV A TTA (~"~D MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 {Add~ess) You may de~.'et or mail legible copie~ of the documents or produce thin~ te~iue~ted by t~s subp~na, together with the ce~ificate ~ ~omp[iance, to the p~ m~ng this request at the ad~ ~ above. You have the right to see~ in advice, the ~onable cost of prep~ng the copi~ or producing the ~ ~t. if you f~il tc r--.oduce the documents or things required by this subpoena, wit.'-.in twenty. (20) days after its sem.'ice, the paraT servin$ th.{s s::~,poena may seek · court order compelling you to comply with i'*_ THIS SL'BPOENA WAS ISSUED AT TI--IE REQUEST OF 2"I-I'E FOLLOWING PERSON: NAM'-. .TEFFERSON J. SNTPMAN, ESOUIRE ADDRF.~_~:PO BX 1268 HARRISBURGM PA 17108 TELEPMON'-' 215-246-0900 SUPRE:ME COURT ID #: ATTO R.\'E'Y FOR: DEFENDANT DALE: BY'I'HE COURT: ~'~~ P~'~thonota~/C2m'k. C~il OivinlonO Seal of the Court (Eft EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MENSANA CLINIC 1718 GREENSPRING VALLEY STEVENSON, MD 21153 RE: 55948 DANIELLE BROOKS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: upto and including the present. Subject: DANIELLE BROOKS 2201 E. CEDER RUNRD.;, CAMP HILL,, PA 17011 Social Security ~ 207-54-5862 Date of Birth: 07-26-1971 $U10-297986 55948--L0 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DANIELLE BROOKS SHERRI R. ALLEMAN -VS- COURT OF CO~ON PLEAS TERM, CASE NO.' 01-135 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE ~ 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213051 5 5 9 48--L08 COMMON'WEALTH OF PENNSYLVANIA '. COUNTY OF CUMBERL.~ND DANIELLE BROOKS VS SHERRI R o ALLEMAN File No. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUM~--N-rs OR T~INGS FOR DISCOVERY PURSUANT TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: NORTH AMERICA TELECOMMUNICATIONS CORPORATION {Name of Person ot E.n+~ .~y) W~thln v*.e..'~..- C2~) days after service of this subpoena, you ate ordered by the court to produce the following documents or things: RF~ ATTACHFD at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Addzess) You may de~'~ or mail legible copies of the documents or produce things re?aested by this subpoena, together with the certificate o.'compliance, to the party, making this request at the ad~ listed above. You have the right to seek. in advance, the .'ezsonable cost of preparing the copies or producing the things so~aght. If you fail to .:':oduce the documents or things required by this sub~:~ena, w~tl-.in twenty. (20) '~ays after its service, the patty. serving t~s subpoena may seek a court order compelling you to comply with F- THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: N.A.M~' .TEFFERSON J. SHIPMAN. E£CU!RE ADDRESS:PO BX 1268 HARRISBUNGM PA 17108 TELEPHON--' 215-246-0900 SUPREME COD~T ID ~: A~O ~N~' FO~ DEFEND~T Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: N. AMERICA TELECOMMUNICATIONS 326 MARKET ST., LEMOYNE,, PA 17043 RE: 55948 DANIELLE BROOKS Any and all employment records, files and memorandums, compensation, time and attendance records,personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: upto and including the present. Subject :DANIELLE BROOKS ~ 2201 E. CEDER RUN RD.,, CAMP HILL,, PA 17011 Social Security ~.- 207-54-5862 Date of Birth: 07-26-1971 SU10-297988 ~.59 ~8--L08 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DANIELLE BROOKS SHERRI R. ALLEM.~Jq -VS- COURT OF CO~40N PLEAS TERM, CASE NO: 01-135 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE ~ certifies that (~) A notice of intent to se[ye the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213052 5 5 9 48--L0 9 COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERL~.ND DANIELLE BROOKS VS SHERRI R. ALLEMAN File No. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUM~-rs OR THINGS FOR DISCOVERY PURSUA_N-I' TO RULE 400922 TO: CUSTODIAN OF RECORDS FOR: HARRISBURG FAMILY PRACTICE CENTER (Name of Person or Within ~we..-~..- C20) days after service of ti'ds subpoena, you ~re ordered by the court to produce the following documents or things: q~:~ ATTACRE]3 at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may deih'et or mail legible copies of the documents or produce th~m~ teq. uested by this subpoena, together with the certificate of compliance, to the p,u~y making this request at the add~'~ms listed above. You have the right to seek. in advamce, the ~uonable cost of prepatrin$ the copies or producing the th~n~ t. m2~ht. If you faJI to ~oduce the documents or thin~s required by this subpoet~, wit:".~n rwen~ (20) days ~ter its service, the pazry serving t,his ~ubpoena may seek · cou~ order compelling you to comply with P_ THIS SL'BPO~NA WAS ISSUED AT THE REQUEST OF 'rl--IE r-OLLOWING PERSON: N.~MF.: JEFFERSON J. SHTPMAN. ESOUIRE ADDRE55:PO BX 1268 HARRISBURGM PA 17108 TE/EPHON=- 215-246-0900 SUPREME COURT ID #: A'I'ro R.\'~EY FOR: DEFENDANT BY 'rile COURT://~ ~ ~ P~thonota~/C3erk. Cd~'~ivisi~ Seal of the Com"t (Eft. 719~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG FAMILY PRACTICE CTR 205 S. FRONT ST./4TH FL. BRADY MED. ARTS BLDG HARRISBURG, PA 171058700 RE: 55948 DANIELLE BROOKS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: upto and including the present. Subject :DANIELLE BROOKS 2201 E. CEDER RUN RD.,, CAMP HILL,, PA 17011 Social Security ~ 207-54-5862 Date of Birth: 07-26-1971 SU10-297990 55948--L09 CERTIFICATE PREREQUISITE TO SEI~¥IOE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DANIELLE BROOKS SHERRI R. ALLEMAN -VS- COURT OF CO'iliON PLEAS TERM, CASE NO: 01-135 CIVIL AS a prerequisite to service of a subpoena for documents and thin§s pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/01/2001 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE12-213053 5 5 9 48--L1 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.a_ND DANIELLE BROOKS VS SHERRI R. ALLEMAN File No. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUM~-N'TS OR THINGS FOR DISCOVERY PURSUA.~,-r TO RULE 4009,77 TO: CUSTODIAN OF RECORDS FOR: MCCUEN & ASSOCIATES PHYSICAL THERAPY (Name of Pea'ton or E-~=iL'yl Within r%.e.,'~,.- (20) days after service of this subpoena, you are ordered b.v the c~ur~ to produce the following documents or things: c;pF ATTA C'RET) ,It MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may delh'er or mail legible copies of the documents or produce thins~s n.,,q, uested by this subpoena, together with the certificate o.' compliance, to the party, making this request at the address listed above. You have the right to seek, in advamce, the .--.uonable cost of preparin~ the copies or producing the thinsos ~o,aght. If you fa,il to ?.oduce the documents or things required by this subpoena, witi-.in rwenw. (20) days after its service, the party. serving this subpoena ma}, seek · com~ order compelling you to comply with ~'_ THIS SL'BPO~NA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM~' .IEFFERSON .T. SHTPMAN. ADDRESs:PO BX 1268 HARRISBURGM PA 17108 TELEPHON=' 215-246-0900 SUPRF-ME COURT ID #: A2'r O R.%'~Y FOR: DEFENDANT ESOUIRE l~othonot~/C3e-k..G"~'il D~isio~,} Seal of the Court (:.ff. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MCCUEN & ASSOCIATES, PT 240 GRANDVIEW AVENUE SUITE 5101 CAMP HILL, PA 17011 RE: 55948 DANIELLE BROOKS 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: DANIELLE BROOKS -- 2201 E. CEDER RUN RD.,, CAMP HILL,, PA 17011 Social Security ~: 207-54-5862 Date of Birth: 07-26-1971 SU10-297992 5 5 9 48--L10 DANIELLE BROOKS Plaintiff Vo SHERRI R. ALLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 01-135 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO DISCONTIN%~E TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. Ch~a~,sar sq R. O. Mar~ella & ~ 3513 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Date: 85061.1 ~2C CERTIFICATE PP. EP. EQUISIT~ TO SERVICE OF A SUBPOENA P~SUANT TO R~_~E 4009.22 IN THE MATTER OF: DANIELLE BROOKS COURT OF CO~ON PLEAS TERM, -VS- SHERRI R. ALLEMAN CASE NO: 01-135 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was ~ailed 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: 05/28/2002 DEll-335474 55 9 48--Lll CO[~i~40[~I~1~ALTH OF PENNSYLVANIA COUNTY OF CUI~IBERLAND IN THE MATTER OF: DANIELLE BROOKS SHERRI R. ALLEMAN -VS- COURT OF C0~0N PLEAS TE~M, CASE NO: 01-135 CIVIL NO~ICE OF II~l~N~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ~INGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARRISBURG FAMILY PRACTICE CTE MEDICAL RECORDS TO: CHARLES W. MARSAR, JR., ESQ. MCS on behalf of J~EaSON J. SHIPMAN, ESQUIRE ~ntends 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 t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning s,m- to NCS or by contacting our local ~S office. DATE: 0510712002 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-1054 tICS on behalf of J~Ir~RSON J. SHIPNAN, ESQUIRE Attorney for DEFeNDAnT Any questions regarding this ~atter, contact TU~MCS GROUP INC. 1601 MAR/~T STREET fSO0 PHILADELPHIA, PA 19103 (2iS) 246-0900 DE02-186353 §§948--C0]_ COMMONWEALTH GF PENNSYLVANIA COUNTY OF CUMBERLAND DANIELLE BROOKS : VS : SHERRI Ro ALLEMAN File No. 01-135 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HARRISBURG FAMILY PRACTICE CENTER (Name of Pev~on or EniStyI Within twenty (20) days after se~ice of this subpoena, you are ordered _b3Lthe court to produce the following documents or t hing~: SEE ATTACREO at MCS GROUP INC., 1601 MAREKT ST., #800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce thing~ requested by this subpoena, together with the certificate of compliance, to the party making this r~quest at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copt~ or producing the things sought. If you fail to produce the documents or thinlg~ required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compiling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFERSON J. SHIPMAN, ESQ. ADDRESS: ~?0 MARKRT ST.. PO BX 1268 HARRISBURG, PA 17108 TELEPHONE: ?l ~-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT Seal of the Cour~ (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG FAMILY PRACTICE CTR 205 S. FRONT ST./4TH FL. BRADY MED. ARTS BLDG HARRISBURG, PA 171058700 RE: 55948 DANIELLE BROOKS INCLUDING RECORDS FROM MARCH 31, 2001 TO PRESENT Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates ~.~ested: upto and including the present. Subject: DANIELLE BROOKS 2201 E. CEDER RUN RD.,, CAMP HILL,, PA 17011 Sodal Security ~ 20%54-5862 Date of Birth: 07-26-1971 SU10-372636 5 5 9 48--Lll PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) DANIELLE BROOKS, VS. SaV~,RI R. ALLEIIAtl, VS. (Plaintiff) (Defendant) (check one) ( ) Assumpsit ( ) Trespass (X) Trespass (Motor Vehicle) ( ) (other) The trial list will be called on August 13, 2002 and Trials commence onSeptember 9, 2002 Pretrials will be held onAugusl: 21, 2002 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 01-13_5 _ Civil lcCion-I,a~ 19 Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, Esquire Indicate trial counsel for other parties if known: Charles I~. Narsar, Jr., Esquire This case is ready for trial. Print Name: Jefferson J. Shipmnn, Esquire Date: June 7, 2002 Attorney for: Defendant DAi~IELLE BROOKS, Plaintiff V SHERRI R. ALLEMAN, Defendant 7 Hoffer : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : 01-135 CIVIL TERM : JURY TRIAL DEM3kNDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, August 21, 2002. In this auto accident case, Robin Marzella, Esquire, appears on behalf of trial counsel, Charles W. Marsar, Jr., Esquire, on behalf of the plaintiff, Jefferson J. Shipman, Esquire, represents the defendant. In this automobile accident case defendant skidded on ice while the plaintiff's car was stopped ahead of defendant and slid into the side of plaintiff's vehicle. Plaintiff claims various strains and sprains resulting from soft tissue injury. Plaintiff will be offering Doctor Douglas Sanderson, orthopedic surgeon, as her medical witness; defendant will be offering the testimony of Doctor Perry Eagle, orthopedic surgeon. While liability is admitted for the crash, causation is seriously contested by the defendant. It is a jury trial estimated to take one to 01-135 Civil Term In Re: Pretrial Conference Page 2 one and a half days to try with four challenges each. Should the plaintiff have any claim other than for pain and suffering, plaintiff is directed to prepare a verdict slip containing any other claim, together with a prepared charge for the Court sufficient to cover any item other than pain and suffering. The Court directs that this document be submitted to the Court by August 28, 2002. By the Court, Robin Marzella, Esquire 3513 North Front Street Harrisburg, Pa. 17110 For the Plaintiff Jefferson J. Shipman, Esquire P.O. Box 1268 Harrisburg, Pa. 17108-1268 For the Defendant Prothonotary Court Administrator :mtf Attorneys & Counselors At Law 3513 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110 717.234.7828 888.838.3426 717.234.6883 ~X August 27,2002 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Panielle Brooks vs. Sherri IL Allerman Docket No. 01-135 Civil Term To Whom It May Concern: Enclosed herewith for filing, please find the original and one copy each of Plaintiff'sJury Instructions and Verdict Slip in the above-captioned action. Kindly time- stamp the originals and copies and return the copies to our office in the self-addressed, stamped envelope provided for your convenience. Should have any questions, please feel free to contact me. I thank you for your assistance in this matter. Very truly yours, R.J. Marzella & Associates, P.C. By: ~Clerk to Charles W. Marsar, Jr. ZDC/ Enclosures IL J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court i.D. No. 86072 3513 North Front Sts~et Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiff, Dauielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE BROOKS, Plaintiff DOCKET NO. 01-135 Civil Term SHERRI R. ALLEMAN, Defendant JURY TRIAL DEMANDED VERDICT SUP 1. Do you find that the negligence of Defendant Alleman was a substantial factor in bringing about the harm caused to the Plaintiff, Danielle Brooks? YES NO If your answer to Question I is "NO" you should not answer any further questions and should return to the courtroom. If your answer to Question 1 is "YES" proceed to question number 2. 2. Please state the total amount of compensatory damages you award to the Plaintiff, Danielle Brooks: Past Pain and Suffering Future Pain and Suffering Past Embarrassment and Humiliation Future Embarrassment and Humiliation Past Loss of Enjoyment Of Life's Pleasures Future Loss of Enjoyment Of Life's Pleasures Future Economic Losses $ $ $ $ $ $ $ Future Loss of Earning Capacity $ Total $ Dated: Foreperson Dated: Respectfully submitted, P~ j. Marzella & Associates, P.C. Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Attorneys for Plaintiff, Danielle Brooks CERTIFICATE OF SERVICE I, Zachary D. Campbell, HEREBY CERTIFY that a true and correct copy of the foregoing document was served on all counsel of record this 2?th day of August, 2002 by depositing a copy of same in the United States mail, regular delivery, postage prepaid and addressed as follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 By: R.J. Marzella & Associates, P.C. ICJ. MARZEUA & A,~SOCiATES, P.C. BY: Charles W. Marsar, Jr., Esquire Penn--ia Supreme Court I.D, No. 86072 3513 North Front Street i a bur , eeaasyk, Telephone: (717) 2344828 Fac~imil~e~ _ _ (717~ Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE BROOKS, SHERRI R. ALLEMAN, Plaintiff Defendant DOCKET NO. 01-135 Civil Term JURY TRIAL DEMANDED VERDICT SLIP 1. Do you find that the negligence of Defendant Alleman was a substantial factor in bringing about the harm caused to the Plaintiff, Danielle Brooks7 YES NO If your answer to Question I is "NO" you should not answer any further questions and should return to the courtroom. If your answer to Question ! is "YES" proceed to question number 2. 2. Please state the total amount of compensatory damages you award to the Plaintiff, Danielle Brooks: Past Pain and Suffering Future Pain and Suffering Past Embarrassment and Humiliation Future Embarrassment and Humiliation Past Loss of Enjoyment Of Li£e's Pleasures Future Loss of' Enjoyment Of'Life's Pleasures Future Economic Losses S S $ S $ $ S Future Loss of Earning Capacity $ Total $ Dated: Foreperson Dated: Respectfully submitted, R.J. Marzella & Associates, P.C. "~?~rles W. Marsar, Jr., Esquire Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Attorneys for Plaintiff, Danielle Brooks CERTIFICATE OF SERVICE I, Zachary D. Campbell, HEREBY CERTIFY that a true and correct copy of the foregoing document was served on all counsel of record this 27th day of August, 2002 by depositing a copy of same in the United States mail, regular delivery, postage prepaid and addressed as follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 By: g.J. Marzella & Associates, P.e. ~r~pbell AU IL J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front St~et Harrisburg, Pennsylvania 17110 Telephone: (7! 7) 234-7828 Facsimile: (717)_234~6883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE BROOKS, SHERRI R. ALLEMAN, Plaintiff Defendant DOCKET NO. 01-135 Civil Term JURY TRIAL DEMANDED JURY INSTRUCTIONS R.J. Marzella & Associates, P.C. Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Attorneys for Plaintiff, Danielle Brooks 1. Ms. Brooks is entitled to be compensated for any loss or reduction of earnings and/or earning capacity that she has, or will, suffer as a result of the injuries sustained in this accident. In determining this amount you may consider her physical limitations as described by her and Dr. Sanderson; specifically, how these limitations affect her ability to work and maintain employment. In addition, you may also consider Ms. Brooks' testimony regarding her current unemployment as reasons thereof. In determining this amount, you may consider the type of work that Ms. Brooks has done, the type of work which, in view of her physical condition, education, experience, and age, she would have been doing and will be doing in the future, the extent and duration of Ms. Brooks' injuries, together with all other matters reasonably relevant. The amount of lost earnings and earning capacity should be expressed by you in a dollar amount. 6.01C (Civ) altered CERTIFICATE OF SERVICE 1, Zachary D. Campbell, HEREBY CERTIFY that a true and correct copy of the foregoing document was served on all counsel of record this 27th day of August, 2002 by depositing a copy of same in the United States mail, regular delivery, postage prepaid and addressed as follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street Post O~ce Box 1268 Harrisburg, PA 17108-1268 IL J. Marzella & Associates, P.C. (Z~ry D. [ampbell ILJ. MARZELLA & ASSOCIATES, P.C. BY: (~arles W. Marsar, Jr., Esquire pennsylvania Supreme Court I.D. No. 86072 3513 North Front St~et Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: ~717~ 234-6883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAN1ELLE BROOKS, SHERRI R. ALLEMAN, Plaintiff Defendant DOCKET NO. 01-135 Civil Term JURY TRIAL DEMANDED Dated: JURY INSTRUCTIONS IL J. Marzella & Associates, P.e. Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Attorneys for Plaintiff, Danielle Brooks 1. Ms. Brooks is entitled to be compensated for any loss or reduction of earnings and/or earning capacity that she has, or will, suffer as a result of the injuries sustained in this accident. In determining this amount you may consider her physical limitations as described by her and Dr. Sanderson; specifically, how these limitations affect her ability to work and maintain employment. In addition, you may also consider Ms. Brooks' testimony regarding her current unemployment as reasons thereof. In determining this amount, you may consider the type of work that Ms. Brooks has done, the type of work which, in view of her physical condition, education, experience, and age, she would have been doing and will be doing in the future, the extent and duration of Ms. Brooks' injuries, together with all other matters reasonably relevant. The amount of lost earnings and earning capacity should be expressed by you in a dollar amount. 6.01 C (Civ) altered CERTIFICATE OF SERVICE 1, Zachary D. Campbell, HEREBY CERTIFY that a true and correct copy of the foregoing document was served on all counsel of record this 27th day of August, 2002 by depositing a copy of same in the United States mail, regular delivery, postage prepaid and addressed as follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 R.J. Marzella & Associates, P.C. a(Z~ry O. ~:ampbell Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant DANIELLE BROOKS Plaintiff SHERRI R. ALLEPLAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : No. 01-135 CIVIL TERM : : JURY TRIAL DEMANDED PRE-TRIA3~ MEMOPJ%NDUM OF THE DEFENDANT SHERRI R. ALLEMAN 1. Statement of the basic facts as to liability. The case arises out of an accident which occurred on Tuesday, January 19, 1999, on Louther Street in Lemoyne, Cumberland County, Pennsylvania. The Plaintiff, Danielle Brooks, was stopped in the left lane of Louther Street, preparing to make a lefthand turn to enter Route 83 north. The Defendant, Sherri Alleman, was in the right lane, traveling at approximately 30 mph. There was a vehicle in front of Ms. Alleman which applied its brakes. Unknown to Ms. Alleman there was black ice on the road surface and when she applied her brakes her car slid on the ice and the left front corner of her vehicle came into contact with the passenger side of the Brooks vehicle. Ms. Brooks remained conscious and was able to get out of her vehicle on her own. 2. A statement of the basic facts as to damages. Ms. Brooks then called her mother, who came to the accident scene and took her to the Emergency Room at the Harrisburg Hospital where she was evaluated for complaints of neck pain and a headache. Ibuprofen was given and she was released. She claims that two days later she developed lower back pain. She was followed by her family doctor one to two weeks after the accident for neck and low back complaints. The treatment included pain medications. She was then referred to an orthopedic surgeon, Thomas Malin, M.D. She was next referred to a pain management clinic where physical therapy was given. She received 12 therapy sessions to her neck and low back, which included massage, stimulation, ice and heat. She was next referred to a chiropractor where she received treatment until April of 2001. She was then referred to a Dr. Hendler of the Mensana Clinic. Finally, Ms. Brooks was just recently seen by Douglas Sanderson, M.D. Dr. Sanderson is of the opinion that as a result of this accident Ms. Brooks sustained multiple areas of muscle strain including the cervical shoulder and low back regions. 3. A statement as to the DrinciDal issues of liability and damaqes. The principal issue in the case is one of damages. Specifically, whether this accident was a substantial factor in causing all of the Plaintiff's harm and, if so, the amount of damages sustained. 4. Identitv of expert witnesses. The Defendant obtained an Ms. Brooks by Perry Eagle, M.D., o~,h~pedic surge~on. report is attached as Exhibit "A"~~ ~> 5. The current status of settlement neqotiations. independent medical examination of Eagle's The Plaintiff has demanded $45,000 and the Defendant has offered 1 . Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. ~'T~~, Esquire P.O. Box 1268 Harrisburg, Pennsylvania 17108 Attorneys for Defendant DATE: August 16, 2002 77635.2 CERTIFICATE OF SERVICE I hereby certify that a served on the following counsel of record, in the United Stat~ Mail, postage prepaid, Pennsylvania, on['~/~/t~' ./~/~)~ : copy of the foregoing has been duly by depositing the same in Harrisburg, Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, 3513 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. I~D. #: 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant PERRY A. EAGLE, M.D. September 25, 2001 Jefferson Shi~nan, Esquire 320 M~rket Street, P O Box 1268 Harrisburg PA 17108-1268 RE: Danielle J. Brooks Dear Attorney Ship~an: The above patient was seen by me at your request for an independent u~dical evaluation on September 25, 2001 for examination of the cervical and ltrnbar spines. The histo~7 was obtained from the patient. The medical records which you supplied were briefly reviewed. The _patient's history dates back to January 19, 1999.'At that ti~e the patient was the driver of a vehicle which was stopped when it was struck on the ~assenger front side. The air bag in the patient's car did not deploy. Upon i~pact the patient's heed was "jerked" but she did not strike anything with her head. The patient was taken to Harrisburg Hospital following the accident. She was evaluated for co~plaints of neck pain and a headache. Ibuprofen was given. The patient was released. Two days later the patient developed lower back pain. The patient was seen in follow up by her family doctor one to two weeks after the accident. She was evaluated for neck and lower back complaints. Treatment included pain medications. The patient was referred to an orthopaedic surgeon, Dr. Malin, at the request of her family doctor approximately several months after the accident. Her co~plaints were of neck and lower back pain. Her neck and lower back pain were present constantly. X-rays were taken. Pain medication was prescribed. The patient was seen on two occasions by Dr. Malin. The patient was referred to pain management and evaluated on one occasion. No specific treatment was given at that tin~. The patient was prescribed p~ysical therapy by her family doctor. She received therapy for her neck and lower back. She received 12 sessions for traction of her neck and lower back, message, stimulation, ice and heat. The patient feels her neck was improved with therapy but her lower back symptoms remained unchanged. The patient also saw a chiropractor in October of 2000, at the request of ah~attorney. The patient was seen three times per week for stimulation, massage and adjustments for her neck and lower back. She received chiropractic treatment until April of 20~1. Her neck andlower back symptc~s remained the same since c~npletion of this treatment. Jefferson Shipman, Esquire Page Two RE: Danielle J. Brooks The patient also saw Dr. Hendler on two occasions in April and May of 2001. The patient's x-rays were reviewed. MRI, EMG and additional x-rays were perofrmed. The patient reports she was not examined durin§ these visits. The uatient was also evaluated by a neurosurgeon, Dr. Hech, in August of 2001. The patient was sent physical therapy beginning last week (September 2001) for heat, exercises and stimulation. The patient reports she has not been followed on a regular basis by any health care practitioner. In general the patient's neck is "okay". Initially her neck pain i,~roved but she now has "knots and spasms" in her neck. She has neck pain on a daily basis. She denies arm pain or numbness. Lifting and driving activities increase her neck pain as does neck flexion. She feels exercising i,~roves her neck pain. The patient is currently not taking any medications for her neck pain. She takes Ibuprofen as needed on the average of twice per week with minimal relief. The patient denies previous neck problems or injuries prior to January 19, 1999. Again in discussing her lower back, her lower back pain began two days after the accident. Her lower back pain remains unchanged since that time. Her pain is constant. Lifting and sitting increase her lower back pain. Her lower back pain radiates into her right leg frumher anterior thigh to her right great toe. This occurs intemnittently, She is unable to state how many episodes of pain she suffers. She has sharp left buttock pain. She has pain radiating from her right great toe to her knee. This has been present since the accident. She takes no medication for her lower back pain. She denies previous lower back problems prior to her accident. At the time of the accident the patient was employed as a secretary. She missed one day of work due to her accident injuries. Today the patient states her neck is "okay" having minimal pain. Her lower back is "hurting". Physical examination was performed. At the outset the patient was asked to tell me if any portions of the physical examination which she did or I did caused any discomfort. The patient acknowledged these instructions. She sits comfortably while relating her history. She appears in no acute distress. Her gait is normal. She does not limp. She is able to heel and toe walk without difficulty. Upon formal examination of the lumbar region she points to the mid lumbar area and the right and left paralumbar areas to each posterior iliac crest as the site of her discomfort. There is no pain to palpation over the spinous processes of the lumbar vertebrae. She complains of reproduction of her pain with gentle pinching of the skin and subcutaneous areas over each parasacral area extending to each greater trochanter. When asked to stand on each isolated lower extremity direct pressure is' applied to this area and the patient offered no co~.laints of pain. When asked to flex the lumbar spine she did so to a measured angle of 25 degrees. She states she was unable to further flex because of pain. There is no visible or palpable muscle guarding with flexion. She is able to side bend to 20 degrees ingather direction. Again she complains of some pain. The deep tendon reflexes in the lower e~tremities are symmetrical. There is no toe weakness in flexion and extension. There is no peroneal, anterior tibial, posterior tibial, hip flexor or quadriceps weakness. She complains of Jefferson Shi.D~an, Esquire Page Three RE: Danielle J. Brooks decreased sensation over the dorsal right foot and the right great toe. There are no toe signs present. Sitting root test is negative bilaterally at 70 degrees. Classical straight leg raising is negative bilaterally at 65 degrees with simultaneous flexion of the left hip and with gentle .performance of the Patrick test with internal and external rotation. The patient cc~aplains of reproduction of lower back pain and began to cry. With simultaneous flexion of the right hip and knee and gentle performance of the Patrick test with both internal and external rotation the patient again complains of severe lower back pain and again begins to cry. There are no toe signs. There is no ankle clonus. Physical examination of the cervical region reveals no tenderness to deep palpation over the spinous processes of the cervical vertebrae, over the paracezvical area, trapezi, over the scapulae or interscaoular regions. She is able to rotate the head and neck to 80 degrees in either direction. She is able to flex to 25 degrees and extend to 35 degrees. There is no visible or palpable muscle guarding with neck range of motion. At my inquiry she co~_lains of same pain with flexion. The deep tendon reflexes in the upper extremities are syrgnetrical. There is no deltoid, biceps, triceps, wrist dorsi- flexor or hand intrinsic muscle weakness. The distal sensation is intact. His grip strength is excellent and synrnetrical. X-rays of the cervical spine frc~ Tristan Associates March 16, 2001 supplemented by flexion and extension lateral views taken in my office today reveal the bony architecture to be within normal limits. The disc spaces are well maintained. The foramina are patent on the oblique views. The edontoidview is negative. There is no evidence of fracture, avulsion injuz7 or vertebral misalignment or subluxation. X-rays of the lumbar spine fram Tristan Associates dated March 16, 2001 supplemented by flexion and extension lateral views taken in my office today reveal a lumbar scoliosis to be present. The sacroiliac joints are normal. There are no pars defects noted on the oblique views. The disc spaces appear to be relatively well maintained. There is no evidence of lumbar instability on the flexion and extension views. MRI report of the cervical spine from PIC dated October 13, 1999 concluded a degree of reversal of the cez~ical loz~osis but no degenerative disease or disc herniation was noted. C~ report from Tristan of the cervical spine dated March 16, 2001 reported a very minimal anterolisthesis of C4 on C5 without evidence of additional abnormalities. CT report of the lumbar spine dated March 16, 2001 fram Tristan reported a scoliosis of the lumbar spine with mild disc bulge at L4-5 and mild degenerative disc disease at L5-S1. X-ray report from Tristan of,the cervical and lumbar spines dated March 16, 2001 revealed straightening of the normal lordosis curve and left lumbar scoliosis. Mild degenerative changes were noted. 5MG report dated March 28, 2001 of the upper extremities re'weal a normal'~t~dy. Jefferson Shi~--n, Esqui~ e Page Four RE: Dan-~-elle J. Brooks The records of Dr. Dean Scow dated January 28, 1999 reflect a diagnoses of cervical muscle strain and spasm with no evidence of lumbar complaints. The emergency room records of February 23, 1999 from Harrisburg Hospital report a history of lower back pain of sudden onset. There is no mention of prior problems or the motor vehicle accident. Dr. Malin's records were reviewed and report a diagnosis of chronic cervical sprain and spasm. There is no mention of lumbar problems. The examination at that time did not include her lumbar region. The records of Dr. Gouse were reviewed. The records of Mensana Clinic specifically the records from Dr. Nelson Hendler were reviewed. The physical examination was reported on that record and multiple diagnoses were mede including C2 root entrapment, disc and instability, C2-4 facet syndrcme, L3-S1 facet syndrome, TMJ, TOS, R ulnar and radial entrapment tendonitis, Tietze syndrome and rib tip syndrome. Studies were reported to be planned. In summary this patient sustained a cervical sprain from the accident of January 19, 1999. There is certainly no evidence of herniated disc or radiculopathy by clinical exanination or by imaging studies. Her cervical complgints are on a subjective basis. There are no objective findings in the cervical region which would dictate any limitations, restrictions, impairments or the need for future treatment. The .patient bas lumbar complaints. The patient repeatedly states that her lumbar complaints started two days after the accident. This is not documented in the medical records. There is evidence in the medical records of an acute onset of pain at a ti~e remote from the accident. Be it as it may the patient's lumbar examination reveals a limitation of motion. This limitation is highly unusual except in patients with herniated discs, trauma or other severe patholo~f. She has findings of severe pain with pinching of the soft tissues in multiple areas which is difficult to explain on an anatamic basis. She has c0mp_laints of severe lower back pain with the Patrick test bilaterally. This can not be explained on an anatomic or physiologic basis. If one were to assu~e the patient's history to be cre~!ible she ma,/ have sustaine~ a l~mbar sprain secondary to the incident. She has a pre-existing scoliosis. The findings noted on MRI are degenerative and not traumatic in nature. The patient's co~plaints are mainly subjective in nature and not confirmed by appropriate testing during physical examinations or by imaging studies. I do not feel the patient has any limitations or impairments frcm the lumbar region, regardless of cause and needs no further treatment from any injury which may have been incurred from the motor vehicle accident of January 19, 1999. Co~nent should be made about the diagnoses from Dr. Nelson Hendler. The patient was insistent several times she was never examined while under his care. The diagnoses setforth in his report, even,if one were to accept his examination at face value, have no foundation in the patient's history or examination. The patient was cooperative during the conducting of the medical evaluation. Upon my direct questioning he had no complaints concerning the manner or way the~n~ependent medical evaluation was conducted. Jefferson Shipman, Esquire Pa~ Five RE: Danielle J. Brooks If I may be of any further help or clarification please do not hesitate to call or write my office. PA E/lmp Per~ A. E~gle, M.D. R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: (717) 23~L6883 Attorneys for Plaintiff, Danielle Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE BROOKS, SHERRI R. ALLEMAN, Plaintiff Defendant : DOCKET NO. 01-135 Civil Term JURY TRIAL DEMANDED PLAINTIFF'S PRETRIAL MEMORANDUM I. Statement of Facts as to Liability On January 19, 1999, Ms. Brooks was traveling eastbound on Lowther Street in Camp Hill. During this time, there was snow on the sides of the road and ice on the roadway. Ms. Brooks had her five-year old daughter in the backseat, and they were on their way to Ms. 8rooks' mother's house in Steelton. She was stopped in the left-hand lane awaiting traffic to allow her to turn left and enter the northbound ramp to 1-83. This particular section of Lowther Street is four lanes, two in each direction. As Ms. Brooks, and several other motorists, were stopped in the left-hand lane awaiting traffic to clear from the .on-coming direction, the defendant was approaching Ms. Brooks from behind in the right-hand lane. The defendant hit her brakes while on the icy roadway and lost control of her car. Her car spun out of control striking Ms. Brooks' automobile directly in the passenger side door. The defendant struck Ms. Brooks with such force that Ms. Brooks' passenger window shattered, and the defendant's car ricocheted up onto a snow enbankment. (See Police Report attached hereto as Exhibit "A"). il. Statement of Facts as to Damages As a direct result of this accident, Ms. Brooks was seen in the Harrisburg Hospital Emergency Room; she has treated, and still is treating, with her family physician at Harrisburg Family Practice; she treated with an orthopedic surgeon at Orthopedic Surgeons of Central Pennsylvania; she treated with a neurologist at Pennsylvania Neurological Associates; she treated with a pain management physician at the Mensana Clinic; she underwent a twelve week course of physical therapy at HealthSouth: and she saw several chiropractors at McCuen and Associates as well as Gouse Health Services. AS. evidenced by the number of physicians Ms. Brooks has treated with along with her testimony, she has been suffering a great deal from this accident. As a single mother, Ms. Brooks did not have the luxury of missing any time from her job; instead~ she has been forced to live and work in pain since the day of this accident. On September 25;2001, at the request of defense counsel, an 1ME was performed by Dr. Eagle. During this IME, Dr. Eagle performed several text-book physical examinations. During two of these examinations, the pain in Ms. Brooks' lower back was so intense that she burst into tears (this is evidenced in Dr. Eagle's report), Presently, she still experiences pain in her lower hack, which fluctuates in intensity depending on her activity level. Ms, Brooks is currently taking pain medication once daily and a muscle relaxant as needed (on average once per week). These medications were prescribed by Dr. Rayner, her family physician, due to her back pain caused by the accident. Dr. Sanderson, an orthopedic surgeon, who examined Ms. Brooks on March 4, 2002 at my request, opined that Ms. Brooks is permanently impaired as a result of the back pain caused by this accident. Spec;fically, Dr. Sanderson opined, within a reasonable degree of medical certainty, that Ms. Brooks currently requires a regimented physical therapy program for 6 to 9 months at a minimum, and even with such treatment, she will still end up with a 10~ disability regarding physical activity. (See Dr. Eagle's Report attached hereto as Exhibit "B" and Dr. Sanderson's Report attached hereto as Exhibit "C"). IlL Principal Issues of Liability Ms. Brooks has alleged that the defendant violated the Motor Vehicle Code and operated her vehicle in a negligent manner by failing to have the vehicle under proper and adequate control in order to stop or avoid striking Ms. Brooks' vehicle; failing to keep an appropriate lookout to avoid striking Ms. Brooks' vehicle; failing to maneuver her vehicle appropriately in order to avoid striking Ms. Brooks' vehicle; operating the vehicle without due regard for the rights, safety, well being, and position of Ms. Brooks under the circumstances; operating her vehicle at an excessive rate of speed under the circumstances; failing to appropriately judge the time and distance available to safely pass Plaintiff. In light of the icy conditions, which the defendant knew existed at the time of the accident, she should have operated her automobile in a more cautious and reasonable manner. IV. Principal Issues of Damages As a direct result of this accident, Ms. Brooks has suffered soft tissue damage to her cervical and lumbar spine. The defendant has challenged the validity of Ms. Brooks' lumbar injury. Ms. Brooks has not been involved in any other traumatic incident, which could have possibly caused her lumbar pain, other than the accident at issue. In fact, the defendant's own expert, Dr. Eagle concedes that if Ms, Brooks' subjective complaints are believed, then one must attribute her lumbar injury to the accident in question. As stated previously, Ms. Brooks does not have a very significant economic claim; she only missed one day of work. More recently, she has been laid offof her position at Verizon due to corporate "cut-backs." As a result, she is currently in search of other employment. Due to her back pain caused by the accident, she is limited in the type of . job for which she can apply. Unfortunately, because of her inability to perform manual labor, she has not been able to find anor~her job to date. V. Summary of Legal Issues Regarding Admissibility of Evidence At this juncture, there are no apparent legal issues regarding the admissibility of evidence, Further, Plaintiffs and Defendant have entered into a stipulation of the authenticity ofthe relevant medical records in this case. (See Stipulation attached hereto as Exhibit "C"). 4 trial: Witness List The following is a list of witnesses that the plaintiff reserves the right to call at (6) (7) (8) Danielle Brooks, plaintiff Brooke Smith, plaintiffs daughter Patticia Johnson, eyewitness Ruby Miller, plaintiffs mother /}~,. ~.,¢ Gary Rife, eyewitness / Douglas Sanderson, M.D., plaintiffs rfi~cal expert PTL. Jeffrey O'Donnell, investigating officer Sherri Alleman, defendant Plaintiffreserves the right to call any or all other witnesses listed in the medical records identified in the attached Stipulation, as well as, any witnesses needed for rebuttle. VII. List of Exhibits (7) (2) (3) (4) (5) (7) (8) Medical Records identified in attached Stipulation Anatomical Drawing to demonstrate Ms. Brooks' injuries Anatomical Model to demonstrate Ms. Brooks' injuries Drawing and/or Diagram of the scene of the accident Pictures of the scene of the accident Pictures of damage to vehicles involved in accident Any or all pleadings and/or deposition transcripts related to this case CV's and Expert reports from Dr. Sanderson VIII. Settlement Negotiations In light of the fact that Ms. Brooks has treated with numerous different medical providers for months following the accident, coupled with the fact that she still lives with pain today, Ms. Brooks has demanded $4S,000 for a full and final settlement. The reasonableness of this demand is supported by the fact that Dr. Sanderson has opined that Ms. Brooks has suffered a permanent soft tissue injury due to the accident. In response to this demand, the defendant has only offered $10,500. Dated: Respectfully submitted, R.J. Marzella & Associates, P.C. Supreme Court 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Attorneys for Plaintiff, Danielle Brooks CERTIFICATE OF SERVICE I, Lisa R. Rhoads, HEREBY CERTIFY that a true and correct copy of the foregoing document was served on all counsel of record this 13th day of 3a~gm~t, 2002 by depositing a copy of same in the United States mail, regular delivery, postage prepaid and addressed as follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 1L J. Manila & Associates, P.C. Lisa R. Rhoads, Secretary for Charles W. Mat'sar, Jr.