HomeMy WebLinkAbout01-6961 IN THE coURT OF coMMON pLEAS
OF cUMBERLAND coUNTY, pENNSYLVANIA
CIVIL ACTION - LAW
SUSAN A. NISSEL and husband,
GEORGEM. NISSEL, her plaintiffs NO. (,,q61
¥.
KUTH E. WEDEMEYER,
JURY TRIAL DEMANDED
Defendant
court, ff you wish to defend against the claims set forth in the
, er this Complaint and Notice are
You have been sued in .~ 'thin twenty (20) day~ aft __~ n' o in writing with the
must take actxon va .... r by attorney mxu Mm. if you
fonowin Pa s'.Y°5 Zn a earance person You are that
~ ~-., ~ntenng a ~ ...... set forth against you. the
servea, w '~ objections to the claims - ~ 'aint or for any other claim or relief
judgment may be entered against you by
Court your defenses or
case may proceed without you and
· · L;om l
fail to do so the . . an money clmmed m the~ ^~ p~ r ri ~s important to you.
cnurt without furmer ,n.o~tjcevf..°,[ ray~ lose money or property v. othe gh
~e-~uested by the Plaintm. ~"~ tn ~
yOU sHoULD TAKE THIS pAPER TO yOUR LAWYER AT ONCE. IF yOU DO
NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT wHERE yOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN TIlE coURT OF coMMON PLEAS
OF cUMBERLAND coUNTY, pENNSYLVANIA
CB/IL ACTION - LAW
SUSAN A. NISSEL and
GEORGE M. NISSEL, her husband,
Plaintiffs
RUTH E. WEDEMEYER, Defendant
NO. C>I '- ~9~ l
JURY TRIAL DEMANDED
e~anaaao a ustea en }L ,~,~nt ~20) aias ~te p,~o ~' P~' '~"'~-
.Le _~l~oain suP_.nuientes, ustect u*~ ....... e. _ . ' en persona o pot abogado
expuestas en tu~ v *, debe presentar una aparienma escnta o de su
demanda Y la nofificacion. Usted objeciones a las demandas en contra
y archivar en la corte en forma escrita sus defensas o sus medidas Y puede entrar una orden
persona. Sea avisado que si usted no se defiende, la corte tomara pedido en la
contra usted sin previo aviso o notification Y por cualquier queja o alivio que es
peucion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABOGADO iMMEDIATEMENTE' SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE pAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEPFONO A LA OFICINA cUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO pARA AVERIGUAR DONDE SE pUEDE cONSEQUIR
AsISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN THE CouRT OF coMMON pLEAS
OF cUMBERLAND coUNTY, pENNSYLVANIA
CIVIL ACTION - LAW
susAN A. NIssEL and
GEORGE M. NISSEL, her husband,
plaintiffs NO. ~>1 '- &q(~[
¥.
RUTH E. WEDEMEYEK, Defendant
JURY TRIAL DEMANDED
1. Plaintiffs Susan A. Nissei and George M. Nissei are husband and wife, adult
individuals, and citizens of the Commonwealth of pennsylvania, who reside at 220 Long Lane,
York Haven, York County, pennsylvama.
2. Defendant Ruth E. Wedemeyer is an adult individual and citizen of the
Commonwealth of pennsylvania, who resides at 220 South Washington Street, Mechanicsburg,
cumberland CountY, pennsylvania. , ...... ~ on or about March 16, 2001,
d occurrences hereinafter relatect mote p~a~,, .
~ The facts an . ~ ,~ .... ~ pennsylvama.
- .~ ~ r-amp Hill, cumberlana
· 8004, Exa ~, '~
at a~proxnnately 9.43 a.m., on SR ....... ~erating a 1988 Dodge Aries
4 At that time and place, plainttff Susan A. N~sse~
was exiting off of SR 581 west onto SR 15 North.
5. At that time and place, Defendant Ruth E. Wedemeyer was operating a 1994 Nissan
pathfinder and was traveling directly behind Plaintiff Susan A. Nissel's vehicle.
239093.1kP, ASkPAS
6 At that time and place, plaintiff Susan A. Nissel was at a complete stop at the top of
· when traffic permitted. .
At that time ~d place, De,eh . ~a ~om ~g' violenUY
7. ~c ~d, sudde~Y ~
ra~ of speed ~out paying a~ention to ~
of pla~tiff S~ A. Nissel's resole.
sl~ed ~to the re'at time ~ P . iolent collision occ~ed be~een ~e ~ont po~Oa of
At ~ d l~e, a v ...... ~e.~ A. Nissel'sve~cle'
Defen~t ~u~ E. WedemeyeF s vehicle ~d ~e re~ p~'"
9. The foregoing accident ~d all of ~e ~i~es ~d d~ages set fo~ herein~er
i: plaintiffs Sus~ A. Nissei ~d George M. Nissei ~e ~e direct ~d proximae reset of
the negligent, c~dess, w~ton, ~d rec~ess m~er in w~ch Defen~t Ru~ E. Wedemeyer
operated her vehicle as folIows:
(a) f~l~e to have her ve~cle ~der such consol ~ to be able to stop ~in ~e
~s~ed cle~ dismce
~l~e to keep ~e~ ~d m~ a proper watch for ~e presence of o~er
(b) ~ --~;cles on ~e
~OtOr
(c) f~l~e W ~avel at a safe speed;
(d) faille to apply her braes in sufficient time W avoid ~g ~e re~ of ~e
Nissd verde; action to avoid ~e accident;
(e) f~l~e m t~e redouble ev~ve ~way ~d ~c
~ve her ve~cle ~ due reg~d for ~e have been
(~ failme W w~ch were existing ~d of w~ch she w~ or shoed
conditio~
aw~e;
f~i~e m keep proper ~d adeq~m conSOl over her ve~cle; ~d
239093.1XRAS~PAS
e hi v~ay in a manne ndangering persons and
r '~e ard to the rights and
, . . ~.o~ vehicle upon th_~i~gh~ with careless di ~o~icle Code of the
dnYmg ~ ~ :~ ~ reckless nt.'m,~[~ ._ ^~ the Motor ~-
prope and
safety ot ou}y~'~fi, ennsylvama.
commonweolu~ ~
CLAIM 1
rated herein by reference-
paragraphs 1 through 9 of Plaint~ '- --t plaintiff Susan A N~ssel sustained
10. 'oned accmen, ' '
11. As a result of the aforemenU ..... ~ ,~ cervical strmn, neck pmn and
~_ _t. :~lnrl but are not llml~u
and severe injuries
stiffi~ess, cervical stenosis with cervical spondylosis at C5-6 and C6-7 which required surgical
A. Nissel, she was
intervention. '
12. By reason of the aforesaid injuries sustmned by plaintiff Susan
forced to incur liability for medical treaUnent, medications, hospitalizations, and similar
miscellaneous expenses in an effort to restore herself to health, and claim is made theref°ar~vised and,
13. Because of the nature of her injuries, plaintiff Susan A. Nissei has been
therefore, avers that she may be forced to incur similar expenses in the future, and claim is made
A. Nissei has undergone
therefor. .
14. As a result of the aforementioned injuries, plaintiff Susan
and mental suffering, great inconvenience in carrying
and in the future will undergo great physical therefor.
out her daily activities, loss of life's pleasures and enjoyment, and claim is made
239093.1kRASXpAS
15. As a result of the aforementioned collision and resulting injuries, Plaintiff Susan A.
Nissel has sustained loss of oppommity and a permanent diminution of her earning power and
capacity, and claim is made therefor.
16. As a result of the aforesaid injuries, Plaintiff Susan A. Nissel has sustained
uncompensated work loss, and claim is made therefor.
17. As a result of the aforesaid injuries, Plaintiff Susan A. Nissel has been and in the
future will be subject to great humiliation and embarrassment, and claim is made therefor.
18. As a result of the aforementioned collision and resulting injuries sustained by
Plaintiff Susan A. Nissei has sustained scars which will result in a permanent disfigurement, and
claim is made therefor.
19. Plaintiff Susan A. Nissel continues to be plagued by persistent pain and limitation
and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for
the remainder of her lifetime, and claim is made therefor.
20.
reference.
CLAIM II
GEORGE M. NISSEL v. RUTH E. WEDEMEYER
Paragraphs 1 through 19 of Plaintiffs' Complaint are incorporated herein by
239093.1~RAS~PAS 4
21. As a result of the aforementioned injuries sustained by his wife, Plaintiff Susan A.
Nissei, Plaintiff George M. Nissel has been and may in the future be deprived of the care,
companionship, consortium, and society of his wife, all of which will be to his great detriment, and
claim is made therefor.
WHEREFORE, Plaintiffs Susan A. Nissei and George M. Nissel demand judgment against
Defendant Ruth E. Wedemeyer in an amount in excess of Twenty-Five Thousand Dollars
($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring
compulsory arbitration.
ANGINO & ROVNER, P.C.
I.D. No. 47281
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
Date:
December 6, 2001
239093.1 ~RAS~PAS 5
VERIFICATION
We, Susan A. Nissei and George M. Nissei, Plaintiffs, have read the foregoing
PLAINTIFFS' COMPLAINT and do hereby swear or affirm that the facts set forth in the
foregoing are true and correct to the best of our knowledge, information and belief. We understand
that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unswom falsification to authorities.
Wimess
Dated:~
-~Susan A. Nissel
G~orge ~. Nissel
238742, lXRAS~vlLB
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. AND GEORGE M. NISSEL,
Plaintiffs,
VS.
RUTH E. WEDEMEYER,
Defendant.
Civil Action - Law
No. 01-6961 Civil Term
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PaR.CP. 1012
TO THE PROTHONOTARY:
Kindly enter the appearance of Robert A. Leman, Esquire and Ann Margaret Grab, Esquire
of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Ruth E.
Wedemeyer, in the above-captioned matter and mark the docket accordingly.
GRIFFITI-~CKLER, LERMAN,
?CosseTs
B YIo E~R~A.~LE/4 /~ Attorney ID #07490
ANN MARGARET gRAB, ESQUIRE
Attorney ID# 55986
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
Attorneys for Defendant, Ruth E. Wedemeyer
Date: January 3, 2002
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. AND GEORGE M. NISSEL,
Plaintiffs,
VS.
RUTH E. WEDEMEYER,
Defendant.
Civil Action - Law
No. 01-6961 Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this~3~d~day of January, 2002, I, Robert A. Lerman, a member of the firm of
GR1FFITH, STRICKLER, LERMAN, SOLYMOS & CALK1NS, hereby certify that I have this date
served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party
or attorney of record as follows:
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 N. Front Street
Harrisburg, PA 17110
(Plaimiffs' Counsel)
GRIFFITH, ST/~C~ER, LERMAN,
' ;~; rr.ne;'fcLrerD~afen~dEaSnqt ~i s~te ss
Supreme Court I.D. No. 07490
110 South Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. AND GEORGE M. NISSEL,
Plaintiffs,
VS.
RUTH E. WEDEMEYER,
Defendant.
Civil Action - Law
No. 01-6961 Civil Term
JURY TRIAL DEMANDED
TO:
Susan A. and George M. Nissei
c/o Richard A. Sadlock, Esquire
4503 North Front Street
Harrisburg, PA 17110
You are hereby notified to file a written response to the enclosed New Matter within twenty (20)
days from service hereof or a judgment may be entered against you.
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of York County, Pennsylvania, is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact the county
at (717) 771-9099. For those with a hearing impairment, please contact the Deaf Canter at (717) 848-2585
ext. 329 or ext. 342 TDD. All arrangements must be made at least 72 hours prior to any hearing or business
before the court. You must attend the scheduled conference or hearing.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY:
ANN MARGARET GRAB, ESQUIRE
Attorney for Defendant
Supreme Court I.D. #55986
110 South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. AND GEORGE M. NISSEL,
Plaintiffs,
VS.
RUTH E. WEDEMEYER,
Defendant.
Civil Action - Law
No. 01-6961 Civil Term
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF DEFENDANT~ RUTH E. WEDEMEYER
Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 1 of
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
2. Admitted.
3. Admitted in part, denied in part. It is admitted that the parties were involved in an accident
on March 16, 2001 at approximately 9:43 a.m., on SR 8004, Exit 5, Camp Hill, Cumberland County,
Pennsylvania. The remaining allegations of paragraph 3 are denied.
4. Admitted.
5. Admitted.
6. Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 6 of
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
7. Denied. It is specifically denied that at that time and place, Defendant, Ruth E. Wedemeyer
operated her vehicle at a high rate of speed without paying attention to traffic and, suddenly without warning,
violently slammed into the rear of Plaintiff, Susan Nissel's vehicle. On the contrary, it is averred that at all
times relevant hereto, Answering Defendant acted carefully, lawfully and prudently.
8. Denied. It is specifically denied that a violent collision occurred between the front portion
of Defendant, Ruth E. Wedemeyer's vehicle and the rear portion of Plaintiff, Susan Nissel's vehicle. On the
contrary, it is averred that the impact which occurred between the two vehicles was minor at best and that
at all times relevant hereto, Answering Defendant acted carefully, lawfully and prudently.
9. Denied. It is specifically denied that the foregoing accident and all the injuries and damages
set forth hereinafter sustained by Plaintiffs, Susan A. Nissei and George M. Nissei are the direct and
proximate result of the negligent, careless, wanton and reckless manner in which Defendant, Ruth E.
Wedemeyer operated her vehicle as follows:
(a)
(h)
(c)
(d)
(e)
(0
(g)
0)
failure to have her vehicle under such control as to be able to stop within the
assured clear distance ahead;
failure to keep alert and maintain a proper watch for the presence of other motor
vehicles on the highway;
failure to travel at a safe speed;
failure to apply her brakes in sufficient time to avoid striking the rear of the
Nissei vehicle;
failure to take reasonable evasive action to avoid the accident;
failure to drive her vehicle with due regard for the highway and traffic conditions
which were existing and of which she was or should have been aware;
failure to keep proper and adequate control over her vehicle; and
driving her vehicle upon the highway in a manner endangering persons and
property and in a reckless manner with careless disregard to the rights and safety
of others and in violation of the Motor Vehicle Code of the Commonwealth of
Pennsylvania.
On the contrary it is averred that at all times relevant hereto, Answering Defendant, Ruth E. Wedemeyer
operated her vehicle, carefully, lawfully and prudently and in full compliance with the Pennsylvania Motor
Vehicle Code.
2
CLAIM I
SUSAN A NISSEL v, RUTH E. WEDEMEYER
10. Paragraphs 1 through 9 are incorporated herein as though fully set forth at length.
11. Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. I 1 of
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
12. Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 12 of
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
13. Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 13 of
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
14. Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 14 of
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
15. Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 15 of
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
16. Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth m paragraph no. 16 of
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
17. Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth tn paragraph no. 17 of
3
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
18. Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 18 of
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
19. Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 19 of
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
WHEREFORE, Answering Defendant, Ruth E. Wedemeyer demands judgment in her favor and
against the Plaintiff, Susan A. Nissel, together with interest and costs of suit.
CLAIM II
GEORGE M. NISSEL v. RUTII E. WEDEMEYER
20. Paragraphs 1 through 19 are incorporated herein as though fully set forth at length.
21. Denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 21 of
Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded.
WHEREFORE, Answering Defendant, Ruth E. Wedemeyer demands judgment in her favor and
against the Plaintiff, George M. Nissel, together with interest and costs of suit.
By way of further defense:
NEW MATTER
22. Plaintiffs Complaint fails to state a cause of action against Ruth E. Wedemeyer upon which
relief can be granted.
23. No act or failure to act on the part of Answering Defendant, Ruth E. Wedemeyer was a
substantial factor in bringing about Plaintiffs alleged injuries and damages.
24. Plaintiffs alleged injuries and damages may have predated the motor vehicle accident or have
been the result of acts or omissions by third parties over whom Answering Defendant has no legal
responsibility or control.
25. Plaintiff, Susan A. Nissei was contributorily and/or comparatively negligent, which
contributory and/or comparative negligence was the substantial factor in bringing about her alleged injuries
and damages.
26. Plaintiff has not sustained serious injury as defined by Act 1990-6, 75 Pa C.S.A. § 1702.
27. Plaintiff's claim for non-economic damages may be barred because Plaintiffhas elected a
limited tort option as set forth in Act 1990-6, 75 Pa. C.S.A. § 1705(b)(3)(d).
Respectfully submitted,
Dated:
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALK/NS
By:~c/~ .~../~ ~
ANN MARGARET GRAB, ESQUIRE
Attorney for Defendant
Attorney ID# 55986
110 South Northern Way
York, PA 17402
(717) 757-7602
5
VERIFICATION
I, Ann Margaret Grab, Esquire, do hereby verify that I am the attorney of record for the pleading
party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge,
information and belief, upon information supplied.
I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §
4904 relating to unsworu falsification to authorities.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALK1NS
Dated: ///~0 /0~
Ann Margaret Grab, Esquire
Supreme Court I.D. #55986
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. AND GEORGE M. NISSEL, :
Plaintiffs, :
VS.
RUTH E. WEDEMEYER, :
Defendant. :
Civil Action - Law
No. 01-6961 Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 10th day of January, 2002, I, Ann Margaret Grab, a member of the firm of
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served
a copy of the Answer and New Matter of Defendant, Ruth E. Wedemeyer by United States Mail, addressed
to the party or attorney of record as follows:
Richard A. Sadlock, Esquire
ANGINO & ROVNER, P.C.
4503 North Front Street
Harrisburg, PA 17110
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
Ann Margaret Grab
Supreme Court ID No. 55986
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. AND GEORGE M. NISSEL, :
Plaintiffs, :
VS.
Civil Action - Law
No. 01-6961 Civil Term
RUTH E. WEDEMEYER,
Defendant.
JURY TRIAL DEMANDED
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Please substitute the attached verification of the Defendant for the verification of
Defendant's counsel to Answer and New Matter which was filed in the above-captioned matter.
Dated: / ~~
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
Supreme Court I.D. #55986
110 South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
VERIFICATION
I verify that the foregoing facts are true and correct, upon my personal knowledge or information and
belief. This verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom
falsification to authorities.
-- ] Ruth E. Wedemeyer (_~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. AND GEORGE M. NISSEL,
Plaintiffs,
VS.
RUTH E. WEDEMEYER,
Defendant.
Civil Action - Law
No. 01-6961 Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 23rd day of January, 2002, I, Ann Margaret Grab, a member of the firm
of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have
this date served a copy of the Praecipe to Substitute Verification by United States Mail,
addressed to the party or attorney of record as follows:
Richard A. Sadlock, Esquire
ANGINO & ROVNER, P.C.
4503 N. Frotu Street
Harrisburg, PA 17110
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
AN24 MARGARET/GRAB, ESQUIRE
Supreme Court I.D. #55986
110 South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. NISSEL and CIVIL ACTION - LAW
GEORGE M. NISSEL, her husband,
Plaintiffs
NO. 01-6961
V.
RUTH E. WEDEMEYER,
Defendant JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO
NEW MATTER OF DEFENDANT WEDEMEYER
AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and
hereby enter the following Reply to the New Matter of Defendant as follows:
22. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it hereby specifically denied. By
way of amplification, Plaintiffs' Complaint does state a cause of action against Ruth E.
Wedemeyer upon which relief can be granted.
23. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it hereby specifically denied. By
way of amplification, Defendant was negligent, careless, reckless and wanton in the operation of
her motor vehicle as more specifically stated in Plaintiffs' Complaint. Plaintiffs incorporate their
Complaint herein by reference. Further, the actions and failures to act on the part of Defendant
were substantial factors in bringing about Plaintiffs' injuries and damages.
241145, I hRAS~SC
24. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it hereby specifically denied. By
way of amplification, all of Plaintiffs' injuries and damages were caused by the carelessness,
recklessness, wantonness and negligence of the instant Defendant as more specifically stated in
Plaintiffs' Complaint. All of Plaintiffs' damages are recoverable in the instant action. Further,
as it pertains to unknown third parties, Defendant's averment lacks the specificity required by the
Pennsylvania Rules of Civil Procedure. As previously indicated, all of Plaintiffs' injuries and
damages were caused solely and directly as a result of the acts or omissions of the instant
Defendant.
25. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it hereby specifically denied. By
way of amplification, Plaintiff Susan A. Nissei was not negligent in any way. Therefore, the
doctrines of contributory/comparative negligence do not apply herein. All of Plaintiffs' injuries
and damages were caused solely and directly as a result of the negligence, carelessness,
wantonness and recklessness of the instant Defendant.
26. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it hereby specifically denied. By
way of amplification, Plaintiff Susan A. Nissel has sustained a serious injury as defined by 75
Pa.C.S.A. §1702.
241145. I\RAS\SC
27. Defendant's averment is a conclusion of law to which no responsive pleading is
required. To the extent the averment may be deemed factual, it hereby specifically denied. By
way of amplification, at the time of the accident referred to in Plaintiffs' Complaint, Plaintiffs
had the full tort option on their motor vehicle insurance policy. A copy of the applicable
declaration page is attached hereto as Exhibit A.
WHEREFORE, Plaintiffs respectfully requests this Honorable Court to dismiss Defendant's
Answer and New Matter and enter judgment in their favor against the Defendant.
Date: January 24, 2002
/_Ri_chard A. Sadlock, Esquire
I.D. No. 47281 '
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
241145.1~RAS\SC
Exhibit A
AP'52 9/82
~ISURANCE
O M P A N I E $
RENL
RENEWAL
11/19/00 I R 0794629
~;L OF POLICY 8372534 R ~4629
19
TRADITIONAL AUTOMOBILE POLICY
DECLARATION ~ ~ EFFECTIVE 12/28/00
IF YOU HAVE QUESTIONSt
~LICY NUMBER POLICY PERIOD
FROM TO
12:01 AM 12.'01 AM
R 0794629 12/28/00 06/28/01
~ME INSURED AND ADDRESS
h,.llh,,h,lhh.llh.hh,h,,hh,llh,,Ih,,ll...,hll
NISSEL, GEORGE M & SUSAN ANN
22O LONG LANE
YORK HAVEN PA 17570-97q0
PLEASE CONTACT YOUR AGENT AT 717-774-2051
235 O0
h-IIh,,lll,,,h.lll.,.,,Ihlh,,,Ih..lllh.lh,,,I,,ll
WILLIAM D WIERMAN
1011 BRIDGE ST
NEW CUMBERLAND PA 17070-1651
UTO ST TER YR MAKE-DESCRIPTION
1 PA 01! 88 DODG ARIES AHER
2 PA 011 86 FORD THUNDERBRD
SERIAL NUMBER SYMBOL CLASS FACTOR
1B3BD46D2JF18572q 06 8802205 .74
1FABP4656GM168405 11 8851205 .60
AUTO I 2
91.00 74.00
NSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE
OVERAGE LIMITS OF LIABILITY
ODILY INJURY LIABILITY
ROPERTY DAMAGE LIABILITY
NINSURED MOTORISTS-
~ STACKED
:NDERINSURED MOTORISTS-
$100
$500
$100
$15
$50
$15
000 EACH PERSON
000 EACH ACCIDENT
000 EACH ACCIDENT
000 EACH PERSON
000 EACH ACCIDENT
000 EACH PERSON
INCL INCL
5.00 5.00
12.00 12.00
m STACKED $30 000
'IRST PARTY BENEFITS COVERAGE:
MEDICAL EXPENSE BENEFIT $100,000
WORK LOSS BENEFIT
$1,000
$5,000
FUNERAL EXPENSE BENEFIT $1,500
ITHER THAN COLLISION $100
;OLLISION $500
iNCREASED TRANSPORTATION PLUS $50
EXTRA EXPENSE
EACH ACCIDENT
EACH PERSON 27.00 21,00
PER HONTH 8.00 6.00
MAXIMUM
EACH~PERSON 1.00 1.00
DEDUCTIBLE 6.00 15.00
DED~IBLE 28.00
EAC~!i~:~Y 5.00
DRIVE
oe
172.00
$350.00
NTS
0
0
CONTINUED ON NEXT PAGE
ZNSURED' S COPY
AP'52 9/82 11/19/00 2 R 0794629
RENL .L OF POLICY 8572534 R )4629
19
TRADITIONAL AUTOMOBILE POLICY
NSURANCE RENEWAL DECLARATION * * EFFECTIVE 12/28/00
:OM P A N I E ~
IF YOU HAVE ~UESTIONS~ PLEASE CONTACT YOUR AGENT AT 717-774-2031
12:01 AM 12.01 AM
R 079q629 { 12/28/00 06/28/01~ ~, '
.................................... L: .......... E. 7 255~oo
h,.llh,,h.ll,l,.,llh,,hh,h.hl.llh.lh,,ll.,.l. II h-IIh-IIl,,,I.,llh,,,,,Ihll,,,,ll.,.llll,,,ll,,,,I,,ll
NZSSEL~ GEORGE M & SUSAN ANN N[LL~AM D ~[ERMAN
220 LONG LANE 1011 BRIDGE ST
YORK HAVEN PA 17570-97q0 NE~ CUMBERLAND PA 17070-1651
,PPLICABLE FORMS
DRM # DATE FORM # DATE FORM # DATE FORM # DATE FORM # DATE
'POD01 06/98 IL7019 03/98 PPOI51 06/98 PP0551 06/94 PP0405 01/88
'P1301 12/99 AU425PL 09/95 153009 PP0423 12/98 PP0419 12/98
.U424PL 11/95
PREMIUM DISCOUNTS
'OUR PREHIUM HAS BEEN REDUCED AS A RESULT OF THESE DISCOUNTS:
*~* MULTI POLICY ~* LONGEVITY ***
IF YOU CARRY COLLISION COVERAGE ON THIS POLICY, YOU NAY HAVE COLLISION
COVERAGE FOR A RENTAL VEHICLE WHILE BEING OPERATED BY YOU. THIS COVERAGE
APPLIES ONLY IF THE RENTAL VEHICLE IS NOT REGULARLY AVAILABLE FOR YOUR USE
AND IT FALLS WITHIN YOUR POLICY DEFINITION OF A "NON-OWNED AUTO". OUR
COVERAGE FOR ANY NON-OWNED AUTO IS EXCESS OVER ANY OTHER COLLECTIBLE
INSURANCE. SEE YOUR POLICY FOR COMPLETE, LS.
REQUIRED MINI~
THE LAWS OF THE
ASSEMBLY, ONLY
BENEFITS,. CO'
LIMITS
BASIC
THE Mi
EACH ACCIDENT BODILY
MEDICAL BENEFIT,
MMONWEALTH OF
[RE THAT
INJURY,
YOUR PREMIUM AT THESE
BY THE GENERAL
PARTY MEDICAL
iSS OF THE
CS TO
I ACCIDENT PRO~ER~¥~DAMAGE AND $5000
MINIMUM LIMITS WOULD BE $126.00.
CONTINUED ON NEXT PAGE
Il II IIII1{ I IIIII Ill II I .oo,,o,oo,.
VERIFICATION
We, Susan A. Nissei and George M. Nissei, Plaintiffs, have read the foregoing REPLY
TO NEW MATTER and do hereby swear or affirm that the facts set forth in the foregoing are tree
and correct to the best of our knowledge, information and belief. We understand that tl~is
Verification is made subject to the penalties of 18 Pa,C.S.A. Section 4904, relating to unsworn
falsification to authorities.
Witness
Witness
Susan A. Nissel
George M~. Nissei
239121.1 ~RAS~VILB
CERTIFICATE OF SERVICE
I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a tree and correct copy of PLAINTIFFS' REPLY TO NEW
MATTER on the following via postage prepaid, first class United States mail, addressed as
follows:
Robert A. Lerman, Esquire
Ann Margaret Grab, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402-3737
Date: January 24, 2002
Mar~-Li Blymesse{;/
241145.1~S\SC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. AND GEORGE M. NISSEL,
Plaintiffs,
VS.
RUTH E. WEDEMEYER,
Defendant.
Civil Action - Law
No. 01-6961 Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 24th day of January, 2002, I, Ann Margaret Grab, a member of the finn
of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby ce~ify that I have
this date served a copy of the Interrogatories/Request for Production of Documents of Defendant
to Plaintiffs by United States Mail, addressed to the party or attorney of record as follows:
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
Ann Margaret Gra~
Supreme Court ID No. 55986
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. AND GEORGE M. NISSEL,
Plaintiffs,
VS.
RUTH E. WEDEMEYER,
Defendant.
Civil Action - Law
No. 01-6961 Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 19th day of February, 2002, I, Ann Margaret Grab, a member of the
firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK1NS, hereby certify that I
have this date served a copy of Defendant, Ruth E. Wedemeyer's Response to Plaintiff's Request
for Production of Documents by United States Mail, addressed to the party or attorney of record
as follows:
Richard A. Sadlock, Esquire
ANGINO & ROVNER, P.C.
4503 N. From Street
Harrisburg, PA 17110
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
A~nn Margar~t'Gr~b, Esquire
Supreme Court ID No. 55986
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. AND GEORGE M. NISSEL,
Plaintiffs,
VS.
RUTH E. WEDEMEYER,
Defendant.
Civil Action - Law
No. 01-6961 Civil Term
JURY TRIAL DEMANDED
CERTIleICATE OF SERVICE
AND NOW, this 19th day of February, 2002, I, Ann Margaret Grab, a member of the
firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I
have this date served a copy of Defendant, Ruth E. Wedemeyer's Answers to Plaintiffs'
Interrogatories by United States Mail, addressed to the party or attorney of record as follows:
Richard A. Sadlock, Esquire
ANGINO & ROVNER, P.C.
4503 N. Front Street
Harrisburg, PA 17110
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALK1NS
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NISSEL & NISSEL
VS.
WEDEMEYER
NO. 016961
:
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PUBSUANT TO RULE 4009.22
AS a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 ANN MARGARET GRAB, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3.No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date: 05/01/02
ANN MARGARET GRAB, ESQUIRE
110 S NORTHERN WAY
YORK, PA 17402
717-757-7602
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-4907
By: Jacquellne Ciarrocchi
File #: M285740
IN THF~ COURT OF COMMON PLEAS OF CUMBEI~LAND COUNTY
NISSEL & NISSEL
Vs.
WEDEMEYER
No. 016961
TO: RICHARD SADLOCK
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 04/10/02
Enc (s):
File #:
Copy of subpoena (s)
Counsel return card
M285740
ANN MARGARET GRAB, ESQUIRE
110 S NORTHERN WAY
YORK, PA 17402
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO=
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-4907
By: J&~ueline Ciarrocchi
NISSEL & NISSEL :
Vs. : Fi le No.
WEDEMEYER :
016961
TO:
~_~_POENA TO PROOUCE ~S OR TH I NGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
SHEpHEP~DSTOWN FAM PRAC, 2140 FISHER RD, MECHANICSBURG PA 17055
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
in ~: ....
produce the following dooment.~
~l-lAtJtl~u
at
yOU may deliver ~r"mail legible copies of the documents or produce things requested bt
this subpoena, together with the certificate of c~,oliance, to the party.making thiz
request at the add~ess listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought;
If you fai 1 to produce the documents or things required by this subpoena within twenty
(20) daYs after its service, the party serving this .~ubpoena may seek a court orde,'
~,,~elling yOU to o~',~ly with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF ~ FOLLOWl NG PERSON:
~ MAR~T Glair, ESQ
110 S N~'~4mWN WAY
TELEPHONE:
~UPRE?~ COURT 'lO ~.__
A'LrTORNEY FOR:
215-335-3212
55986
M285740-01
0¥.//~/o2
DATE:
DEFENDANT
Seal of the Court
BY TIE CO JRT:
Prothonotary/~l~, Civil DiviSion
/ . ~ty
(Elf. T/ST)
ADDENDUM TO SUBPOENA
NISSEL & NISSEL
VS.
WEDEMEYER
No. 016961
CUSTODIAN OF RECORDS FOR: S~EPHERDSTOWN FAM PRAC
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X£RAY .REPORTS, HISTORYNOTES, INDEX CARDS ANDANY OTHER
INFORMATION RELATING TO ANYEXAMINATION OR TREATMENT RENDERED TO:
NAME: SUSAN A NISSEL
ADDRESS: 220 LONG LN YORK ~AVEN PA
DATE OF BIRTH: 12/13/46
SSAN: 192364643
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ]
RECORDS AREATTACHED HERETO:I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
] NO DOCUMENTSAVAILABL~ I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( )RECORDS / XRAYS have been destroyed
Date
M285740-01
Authorized signature for
SHEPHERDSTOWN FAM PRAC
*** SIGN AND RETURN THIS PAGE ***
~TH OF
NISSEL & NISSEL :
Vs. : Fi ~e No.
:
WEDEMEYER :
016961
TO:
9_~_.r~ENA TO PROOUCE DOCLI~NTS OR THINGS
FOR O l SCOVERY PURSUANT TO RULE 4009.22
HARRISBURG HOSP, 111 S FRONT ST, HARRISBURG PA 17101
ATTN: ~P~_.DICAL RECORDS DEPT
(Name of Person o~ Entity)
Within twenty (20) days afte~ service of this subpoena, you are ordered by the court to
produce the fol lowing docun~t.~
--MEDICAL LEGAL REPRODUCTIONS,(A~ss%940 DISSTON ST., PHI~A., PA
You may deliver or mail 'legible copies of the documents or produce things requested t:'~
this subpoena, together with the certificate of cui~liance, to the party making t:hiz
request: at the address listed above. You have the right to seek in advance t:he reac~nable
cost of preparing the copies or producing the things sought.
If you fail to produce the doc~nents or' things required by this subpoena within twenty
(20) days after its service, the party serving thin subpoena may seek a court orde;-
cu,~elling you t~ ~-,~ly with it.
TH I S SIJBPOENA WAS ISSUED AT THE REQUEST OF THE .FOLLOWING PERSON:
TELEPHONE:
SUPRE]'~ (X:X.~T iD ~.__
ATTORNEY FOR:
M285740-02
DATE:
ANN MARGARET GRAB, ESQ
11~ ~ NO~T~RN WAY
YORK, ~A 17402
215-335-3212
55986
DEFENDANT
Seal of the Court
Oivisio~
Oe~uty
(Elf. ?/97)
ADDEND UM TO SUBPOENA
NISSEL & NISSEL
VS.
WEDEMEYER
No. 016961
CUSTODIAN OF RECORDS FOR: HARR/SB~G HOSP
Any and all hospital records, including microfilm, microfiche
emergency room reports,:x~ray reports, out-Patient records physical
theraPY records, and any other information Pertaining to:
NAME: SUSAN A NISSEL
ADDRESS: 220 LONG LN YORK HAVEN PA
DATE OF BIRTH: 12/13/46
SSAN: 192364643
~L ~ES ~ST BE ~PRO~D p~OR TO ~CO~S BErG FORWARDED.
RECORD CUSTODIAN COMPLETE AND RETURN
[ ]
] RECORDSAREATTACHED HERETO:I hereby certify as custodian of
records that, to the best of my knowledge, info~mati~n and ~ ~
belief all documents or things above mentioned have peen proaucea.
NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have beeh destroyed
Date
M285740-02
Authorized signature for
HARRISBURG HOSP
*** SIGN AND RETURN THIS PAGE ** *
NISSEL & NISSEL :
Vs. : Pi le No.
WEDEMEYER :
016961
TO:
SUBPOENA TO PROOLJCE~NTSORTHINGS
FOR DtSCOVERYPURSUANTTORULE 4009.22
HOLY SPIRIT HOSp, 503 N 21ST ST, CAMP HILL PA 17011-2204
ATTN: MEDICAL RECORDSiDEPT
(Name of Person or Entity)
Within twenty (20) days after service of this subDoena, you are ordered by the court to
at
You may deliver or mail legible cooies of the doc:merits or produce things requested b,;
this subpoena, tOgether with the certificate of cu,~liance, to the party making thi[
request at the address listed above. You have the right to seek in advance the rea-..'onable
cost of pre.oaring the co~ies or ~-oducing the things sought~
If you fail to produce the docunents or things required by this subpoena within twenty
(20) days after its service, the party serving thin subpoena may seek a court orde;-
ou,~eiling you to cu~ly with it.
THIS SUBPOENA WAS ISSUED AT THE RE(2UEST OF THE FOCLOWlNG PERSON:
NAPE: ~ FdLRC=RR~T GRP~, ESQ
~ln ~ NORTHERN WAY
TELEPHONE:
SUPREPE ODURT ID #
A'rI'ORNEY FOR:
215-335-3212
55986
DEFENDANT
M285740'03
o'/I/5'1o2
DATE:
Seal of the Oourt
protl~no%~r;y/C)~fl~, ~Ct~fl Oivisi°~
Deputy
(Elf. 7/97)
ADDENDUM TO SUBPOENA
NISSEL & NISSEL
VS.
WEDEMEYER
NO. 016961
CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP
Any and all hospital .records, including microfilm, microfiche
emergency room reports, x-ray reports, out-patient records physical
therapy reCOrds, and any other info~mati°n pertaining' to:
NAME: SUSAN A NISSEL
ADDRESS: 220 LONG LN YORK HAVEN PA
DATE OF BIRTH: 12/13/46
SSAN: 192364643
ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED.
RECO~ CUSTODIAN COMPLETE AND RETURN
[ ]
] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, informati.on and ~ ~
belief all documents or things above mentioned have peen prooucea.
NO DOCUMENTS AVAILABL~ I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XP~YS have been destroyed
Date
M285740-03
Authorized signature for
HOLY SPIRIT HOSP
*** SIGN AND RETURN THIS PAGE ***
NISSEL & NISSEL :
Vs. : Fi le No.
:
WEDEMEYER :
:
016961
SUBPOENA TO PRODUCE DOCLI~NTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
POLYCLINIC HosP,'2601 'N 3RD ST #2, HARRISBURG PA.17110-2004
~j,~.!.~ ~n~.nT~T, WRCORDS D~PT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following doc~n~nt.~ or
SEE ATTACHE
REPRODUCTZONSzA~ss4940~ =.~= T------ DIBSTON ST., PHILA., PA
LEGAL
You may deliver or mail legible copies of the docunents or produce things requested bt
this subpoena, together with the certificate of cx~liance, to the party making this
request at the address listed 'above. You have the right to seek in advance the rear~nabl(
cost of preparing the copies or Producing the things sought.
If you fail to produce the docunents or things required by this subpoena within twenty
(20) days after its service, the party serving thin subpoena may seek a court orde.-
ou,~elling you to cu,~ly with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NN~: AI~'N MARC4kRET G~B, ESQ
ADO~£SS: 1T-~ WAY
TELEPHONE:
YORK, PA 17402
SUPREmE O C/JRT ID#__
A~ORN~ F~:
215-335-3212
K~986
M285740,04
o / 3 /o2
DATE:
DEFENDANT
'~eal of the Oourt
Division
Deputy
(Eff. 7/S7)
ADDENDUM TO SUBPOENA
NISSEL & NISSEL
Vs.
WEDEMEYER
No. 016961
CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSP
Any and all hospital records, including microfilm, microfiche
emergency.room reports, x-ray reports, oUt-patient records physical
therapy, records, and any other information Pertaining to:
NAME: SUSAN A NISSEL
ADDRESS: 220 LONG LN YORK HAVEN PA
DATE OF BIRTH: 12/13/46
SSAN: 192364643
ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED.
RECORD CUSTODIAN COMPLETE AND RETURN
] RECORDS AREATTACHED HEP~ETO:I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search
has be'eh made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECoRDs ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date
M285740-04
Authorized signature for
POLYCLINIC HOSP
** * SIGN AND RETURN THIS PAGE ***
~'~-~ OF p~mqSYLVANIA
NISSEL & NISSEL :
Vs. : F'i le No.
I~DI~IEYER :
016961
SUB,DENA TO PROOU(~500CUMENTS OR TH IN~S
FOR O I~ERY ~ TO R~E 4~9.22
SEIDLE HOSP, 120 S FILBERT ST, ~C~iCSB~G PA 17055-6539
~N: ~DI~ ~S DEPT
(N~ of P~s~ ~ Entity)
W~th~n tw~ty (20) days aft~ s~v~ce of th~s sub--a, Y~ ~e ~d~ed by the ~mt to
~ce the fo11~ ~tR ~ ~Jngs:
SEE A AC D
REPRODOCTIONSLAX~Css%940~ uu~ r DISSTON ST., PHILA., PA
LEGAL
You may deliver or mail legible copies of the d~ts or produce things requested b~
this subl~a, tc~jether with the certificate of cu,~]iance, to the party making thiz
request at the address listed above, you have the right to seek in advice the reasonable
cost of preparing the copies or producing the things sought.
If you fail to p~ce the do~ts or things recoJired by this subpoena within twenty
· ?.20) days after its service, the party serving thin :~ubpoena may seek a court orde,-
o~,~el 1 lng you to c~',~ly with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING
NAt~: ~ MARC4~RET GRAB, ESQ
AL'X:)RESS: 1T-~ WAY
TELEPHONE:
COURT lO R__
ATFORNEY FOR:
YORK, PA 17402
215-335-3212
M285740'05
o¢//5'/o2
DAT~:
DEFENDANT
Seal of the Court
BY ~ (IX.IRT/,~ .. __ /)
Prothohota~y/c{'e~k, C~il Divisio~
Deputy
(Eff. 7/97)
ADDEND UM TO SUBPOENA
NISSEL & NISSEL
VS.
WEDEMEYER
No. 016961
CUSTODIAN OF RECORDS FOR: SE~)LE HOSP
Anyand all hospital records, including microfilm, microfiche
emergency room reports, x'ray reports~ out-patient records physical
therapy records, and any other information pertaining to:
NAME: SUSAN A NISSEL
ADDRESS: 220 LONG LN YORK HAVEN PA
DATE OF BIRTH: 12/13/46
SSAN: 192364643
ALL FEES MUST BE APPROVED PRIOR T° RECORDS BEING FORWARDED.
RECORD CUSTODIAN - COMPLETE AND RETURN
] p~ECORDSAREATTACHED HERBTO:I hereby certify as custodian of
records that, to the best of my knowledge, information and ~ ~
belief all documents or things ~hove mentionea nave peen proaucea.
] NO DOCUMENTS AVAJLABLR:I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date
M285740-05
Authorized signature for
SEIDLE HOSP
*** SIGN AND RETURN THIS PAGE ***
NISSEL & NISSEL
:
VS. :
:
WEDEMEYER :
:
No. 016961
SUBPOENA TO PROOUCE ~NTS OR TH I NQS
FOR DISCOVERY PURSUANT TO RULE 4009.22
· COMM GEN OSTEO HOSP, 4300 LONDONDERRY RD, HARRISBURG PA 17109 .
TO: ~.,",'N: ~:,~TC~L RECORDS DEPT
(Na~e of Person c~ Entity)
Within twenty (20) days afte~ service of this subpoena, you are c~de~ed by the court to
pm:~uce the following doc~nent.~ o~ things~
SEE ATEACH] I) AUUe: u w
at
MEDICAL LEGAL P. EPRODUCTIONS(A~ss~940 DISSTON ST., PHILA., PA
You may delive~ or' mai] legible copies of the documents o~ produce things requested b~
this subpoena, togethe~ with the certificate of c~,~liance, to the party making thi:
request at the address listed 'above. you have the right to seek in advance the reasonable
cost of pre.oaring the co~ies o~' o?oducing the things sought.
If you fail to produce the documents o~ things requi?ed by this subpoena within twenty
(20) days afte~ its se~v'~ce, the party serving 'thin .~ubpoena may seek a court o~de,'
c~,~elling you to comply with it.
TH I S ~NA WAS ISSUED AT THE RE(IUEST OF THE FOLLC~ I NG PERSON:
NAZi: ~N M~T GRAB, ESQ
ADORESS: 110 o ~ .... WAY
TELEPHONE:
~JPREi'~ CXiLIRT ID ~.__
ATTORNEY FOR:
YORK, PA 17402
215-335-3212
KK986 ----
M285740,06
DATE:
DEFENDANT
S~al of the Oou~t
Division
Oeputy
(Eff. 7'/97)
ADDEND UM TO SUBPOENA
NISSEL & NISSEL
VS.
WEDEMEYER
NO. 016961
CUSTODIAN OF RECORDS FOR: CO~ GEN OSTEO HOSP
Any and all hospital records, including microfilm, microfiche
emergency room reports, x-ray reports, out-patient records physiCal
therapy records, ~nd any Other information pertaining to:
NAME: SUSAN A NISSEL
ADDRESS: 220 LONG LN YORK HAVEN PA
DATE OF BIRTH: 12/13/46
SSAN: 192364643
ALL FEES MUST BE APPROVED PRIOR TO REcoRDs BEING FORWARDED.
RECORD CUSTODIAN - COMPLETE AND RETURN
] RECORDS A~EATTACHED HERETO:I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
] NO DOCUMENTSAVA~LABLR:I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X~RAYS ( ) RECORDS / XRAYS have been destroyed
Date
M285740-06
Authorized signature for
COMM GEN OSTEO HOSP
*** SIGN AND RETURN THIS PAGE ***
NISSEL & NISSEL :
:
VS. :
:
WEDEMEYER :
:
File No. 016961
~__.~POENA TO PROOL_~-_ DOOJ'~NTS OR THINGS
FOR DISOOVERY PURSUANT TO RULE 4009.22
DR MICHAEL LUPINACCi AND, DR WILLIAM RoLLE, 175 LANCASTER BLVD BX 2028
TO: MEC"~ANICSBURG PA 17055
(Name of Person or Fntity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the fo1 lowin9 docunent.~ or ~-th~ngs~
at
P-EPRODUCTION~A~XN/S'4940~m-~; DISSTON ST., PHILA., PA
LEGAL
You may deliver or mail legible copies of the documents or produce things requested bt
this subpoena, togethe~ with the certificate of 'ccmpliance, to the party making this
request at the add~ess listed -above. You have the right to seek in advance the reasonable
COst of preparing the copies or producing the things sought.
If you fail to produce the docunents or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court orde.'
~,~ellir~j you to cc~N31y with it.
TH I S SUBPOENA WAS ISSUED AT THE RE(2UEST OF THE FOLLOW I NG PERSON:
NAME: ANN MARGARET GRAB, ESQ
WAY
TELEPHONE:
SUPREt'~ COURT ID #"
ATi'ORNEY FOR:
YORK, PA 174u2
215-335-3212
5~986
M285740.07
DATE
DEFENDANT
Seal of the Court
Division
Deputy
(Elf. 7/97)
ADDEND UM TO SUBPOENA
NISSEL & NISSEL
Vs.
WEDEMEYER
No. 016961
CUSTODIAN OF RECORDS FOR: DR MICHAEL LUP~WACCIAND
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X.-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY.EXAMINATION OR TREATMENT RENDERED TO:
NAME: SUSAN A NISSEL
ADDRESS: 220 LONG LN YORK HAVEN PA
DATE OF BIRTH: 12/13/46
SSAN: 192364643
CERTIFIED PHOTocoPIES WILL BE ACCEPTED IN LIEU OF yOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN COMPLETE AND RETURN
[ ]
] I~CORDSABEATTACHED HERETO:I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things shove mentioned have been produced.
NODOCUMENTSAVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) REcoRDs
( ) PATIENT BILLING
( ) X-RAYS
( ) RECORDS / XRAYS have been destroyed
Date
M285740-07
Authorized signature ~or
DR MICHAEL LUPINACCI AND
*** SIGN AND RETURN THIS PAGE ***
NISSEL & NISSEL
VS.
WEDEMEYER
C0UNTYOF~
: File No.
:
016961
SUBPOENA TO PROC~__~'_ CO::LF~NTS OR TH II~
FOR DISOOVERY PURSUANT TO RULE 4009.22
TO:
DR WILLIAM BEUTLER, C/O ARLINGTON ORTHO, 805 SIR THOMAS CT
HARRISBURG PA 17109
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunent~ or things:~
SEE A'ITACHED ADDENDUM
M~DICAL LEGAL P.~PRODUCTION~Rd~)4940 DISSTON ST., PHILA., PA
You may deliver or mail legible copies of the doc~nents or produce things requested
this subpoena, together with the certificate of cu,~liance, to the party making thi~
request at the add~ess listed above. You have the right to seek in advance the reasonable
cost of prepa~ing the cooies or producing the things sought.
If you fail to prcx~uce the docunents or things required by this subpoena within twenty
(20) days after its service, the party serving thin subpoena may seek a court orde.-
cx-~,~elling you to co,~ly with it.
THIS SL~POENA WAS ISSUED AT THE RE(;LIEST OF THE FOLLOHING PERSON:
NAME: ANN MARGARET C-RAB, ESQ
ADC~ESS: 1-1-~--~--N~I~'~H~/ WAY
TELEPHONE:
SUPREI'~ O:XJRT ID #
YORK, PA 17402
215-335-3212
ATTORNEY FOR:
M285740-08
9/y '/o2
OAT~:
DEFENDANT
S,e~l of the Court
Prothc~qotary/O Div i s i oo
Deputy
(Elf. 7/97)
ADDEND UM TO SUBPOENA
NISSEL & NISSEL
VS.
WEDEMEYER
No. 016961
CUSTODIAN OF RECORDS FOR: DR WILLIAM BEUTLER
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
M~MORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDSAND AN~ OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: SUSAN A NISSEL
ADDRESS: 220 LONG LN YORK HAVEN PA
DATE OF BIRTH: 12/13/46
SSAN: 192364643
CERTIFIED PHOTOCOPIF~S WILL BE ACCEPTED IN LIEU OF YOUR'PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
] I~ECORDSAREATTACHED HERETO:I hereby certify as custodian of
records that; to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
] NO DOCUMENTSAVAILABLE:I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS
( ) RECORDS / XRAYS have been destroyed
Date
M285740-08
Authorized signature for
DR WILLIAM BEUTLER
*** SIGN AND RETURN THIS PAGE ***
NISSEL & NISSEL
:
Vs. : File ~o.
:
WEDEMEYER :
:
016961
TO:
SUBPOENA TO PRODUCE DOCI/~NTS OR TH I NGS
FOR O l SOOVERY PURSUANT TO RULE 4009.22
'KEYSTONE SPINE CTR, 1521 CEDAR CLIFF DR/ CAMP HILL PA 17011
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the fol lo~ine docu~ent.~ or thin
at
M~DICAL LE~L REPRODUCTIONS~A~d~ss~940 DISSTON ST., PHILA., PA
You. may deliver or mail legible co~ies of the documents or p~oduce things requested
this subpoena, together with, the certificate of cu,uliance, to the papty making thi~
request at the address listed above. You have the right to seek in advance the rea~onabl(
cost of pre.oaring the copies or oroducing the things sought.
If you fail to ppocluce the clocu~ents or things required by this subpoena within twenty
(20) days after its service, the pa~ty serving this subpoena may seek a court orde.-
=,,~eiling you to cu,~ly with it.
TH I S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOCLOWI NG PERSON:
NAME: ~NN MARgAReT GRAB, ESQ
110 S i;C~'iSiTI-.~.I~ WAY
YORK, PA 17402
TELEPHONE:
SUPREP~ COURT I D° #.
ATTORNEY FOR:
M285740'09
DATE:
Ov 1,5'102
S, eal of the Oourt
215-335-3212
DEFENDANT
Oivisio~
Oeputy
(Elf. 7/97)
ADDEND UM TO SUBPOENA
NISSEL & NISSEL
Vs.
WEDEMEYER
No. 016961
CUSTODIAN OF RECORDS FOR: KEYSTONE SPINECTR
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAYREPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREAT~R. NT RENDERED TO:
NAME: SUSAN A NISSEL
ADDRESS: 220 LONG LN YORK HAVEN PA
DATE 0F BIRTH: 12/13/46
SSAN: 192364643
CERTIFIF. D PHOTOCOPIES WILL BE AccEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN COMPLETE AND RETURN
[ ]
RECOP~DSAREATTACHED HERETO:I hereby certify, as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ]
NO DOCUIWENI~AVAILABLE:I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS
( ) RECORDS / XRAYS have been destroyed
Date
M285740-09
Authorized signature for
KEYSTONE SPINE CTR
*** SIGN AND RETURN THIS PAGE ***
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. and GEORGE M. NISSEL,
Plaintiffs
VS.
RUTH E. WEDEMEYER,
Defendant
: Civil Action - Law
:
: No. 01-6961-Civil Term
:
:
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 2nd day of July, 2002, I, Ann Margaret Grab, a member of the firm of
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this
date served a copy of the Notice of Taking Deposition-Susan A. Nissei by United States Mail,
addressed to the party or attorney of record as follows:
Richard A. Sadlock, Esquire
Angino & Rovner
4503 N. Front Street
Harrisburg, PA 17110
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS/~ALKINS
Ann ]Vlarg~ret Bt/ab
Supreme Court ID No. 55986
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
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)
SUSAN A. NISSEL and
GEORGE M. NISSSEL, her husband
Plaintiffs
RUTH E. WEDEMEYER,
Defendant
(check one)
( ) Assumpsit
( ) Trespass
(X) Trespass (Motor Vehicle)
( ) Other
The trial list will be called on August 13,
2002.
Trials commence on September 9, 2002.
Pre-trials will beheld on August 21, 2002.
(Briefs are due 5 days before pre-trials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to all
counsel, pursuant to local Rule 314-1.)
No. 01-6961 Civil
Indicate the attorney who will try case for the party who files this praecipe:
Richard A. Sadlock, Esquire, Angino & Rovner, P.C.
4503 North Front Street, Harrisburg, PA 17110
Indicate trial counsel for other parties if known: Ann Margaret Grab, Esquire, Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way, York, PA 17402-3737
This case is ready for trial.
in"
Print Name: Esquire
248234.1 ~RAS~VlLB
SUSAN A. NISSEL and :
GEORGE M. NISSEL, her husband,:
Plaintiffs :
VS.
RUTH E. WEDEMEYER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: 01-6961 CIVIL
.
:
ORDER
day of August, 2002, on motion of counsel for the defendant,
AND NOW, this
trial herein is continued. The Prothonotary is directed to list this case for the civil term
commencing November 4, 2002.
This continuance is granted to give the defendant the opportunity to schedule an
independent medical examination. It is not anticipated that there will be a further request for a
continuance from the defendant.
James DeCinti, Esquire
For the Plaintiffs
BY THE COURT,
K/~A. Hess, J.
JAnn Margaret Grab, Esquire For the Defendant
Court Administrator -~d ~.-~.~.e.4~a,~d' A~-rr, ·
:rlm
SUSAN A. NISSEL and :
GEORGE M. NISSEL, her husband,:
Plaintiffs :
VS.
RUTH E. WEDEMEYER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
01-6961 CIVIL
IN RE: PRETRIAL CONFERENCE
Present at a pretrial conference held this date were James DeCinti, Esquire, attorney for
the plaintiffs, and Ann Margaret Grab, Esquire, attorney for the defendant.
This case involves a rear-end motor vehicle accident. The plaintiff has recently been
deposed and the defendant has requested a continuance of this case to seek an independent
medical examination. Notwithstanding the strenuous opposition of counsel for the plaintiff, trial
herein will be continued but with the understanding that this is the last continuance which will be
granted to the defendant. An order reflecting this determination will be entered of even date
herewith.
August21,2002
James DeCinti, Esquire
For the Plaintiffs
Ann Margaret Grab, Esquire
For the Defendant
Court Administrator
:rim
A. Hess, J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. and GEORGE M. NISSEL,
Plaintiffs
VS.
RUTH E. WEDEMEYER,
Defendant
CivilAction- Law
No. 01-6961 Civil Term
Jury Trial Demanded
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Ann Margaret Grab, Esquire, counsel for Defendant, intends to serve a subpoena
identical to the subpoena 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
subpoenas, lfno objection is made, the subpoena may be served.
GRIFFITH, STR1CKLER, LERMAN,
SOLYMOS & CALKINS
BY: c~~./~
ANN MARGARET 9}RAB, ESQUIRE
Attorney for Defendant
Supreme Court I.D. No. 55986
110 South Northern Way
York, PA 17402
Telephone No. (717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. and GEORGE M. NISSEL,
Plaintiffs
VS.
RUTH E. WEDEMEYER,
Defendant
Civil Action - Law
No. 01-6961 CivilTerm
Jury Trial Demanded
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27
Community General Osteopathic Hospital, Radiology Department, 4300 Londonderry Road,
Harrisburg, Pennsylvania 17109
(Name of Person or Entity)
Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the
following documents or things:
Any and all MR] films and/or x-rays pertaining to Susan A. Nissei, SS# 192-36-4643, Date of
Birth 12/13/46.
at 110 South Northern Way, York, PA 17402
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this Subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its
service, the party serving this Subpoena may seek a Court Order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Ann Margaret Grab, Esquire
ADDRESS: GRIFFITH, STR]CKLER, LERMAN, SOLYMOS & CALKINS
110 South Northern Way, York, PA 17402
TELEPHONE: (717) 757-7602
SUPREME COURT ID:55986
ATTORNEY FOR:Defendant
Date:
By the Court:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. and GEORGE M. NISSEL,
Plaintiffs
VS.
RUTH E. WEDEMEYER,
Defendant
Civil Action - Law
No. 01-6961 CivilTerm
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this 27th day of August, 2002, I, Ann Margaret Grab, a member of the firm
of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have
this date served a copy of the Notice of Intent to Serve a Subpoena by United States Mail,
addressed to the party or attorney of record as follows:
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 N. Front Street
Harrisburg, PA 17110
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
Ann'~Vlargar~t ~e
Supreme Court ID No. 55986
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. and GEORGE M. NISSEL,
Plaintiffs
VS.
RUTH E. WEDEMEYER, :
Defendant :
Civil Action - Law
No. 01-6961 Civil Term
Jury Trial Demanded
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Ann Margaret Grab, Esquire, counsel for Defendant, intends to serve a subpoena
identical to the subpoenas that are 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
subpoenas. If no objection is made, the subpoena may be served.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
AttoANNmey foMARrGDAefeREndTSant ~ ~1
Supreme Court I.D. No. 55986
110 South Northern Way
York, PA 17402
Telephone No. (717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. and GEORGE M. NISSEL, : Civil Action - Law
Plaintiffs :
:
vs. : No. 01-6961 Civil Term
:
RUTH E. WEDEMEYER, :
Defendant : Jury Trial Demanded
To:
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27
Pennsylvania Spine Institute, Radiology Dept. 805 Sir Thomas Court, Harrisburg, PA 17109
(Name of Person or Entity)
Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the
following documents or things:
Any and all MRI films and/or x-rays pertaining to Susan A. Nissei, SSg 192-36-4643, Date of
Birth 12/13/46.
at 1 ! 0 South Northern Way, York, PA 17402
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this Subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its
service, the party serving this Subpoena may seek a Court Order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Ann Margaret Grab, Esquire
ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS
110 South Northern Way, York, PA 17409
TELEPHONE: (717) 757-7602
SUPREME COURT ID:55986
ATTORNEY FOR:Defendant
Date:
By the Court:
Prothonotary/Clerk, Civil Division
Deputy
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. and GEORGE M. NISSEL, : Civil Action - Law
Plaintiffs :
:
vs. : No. 01-6961 CiviITerm
:
RUTH E. WEDEMEYER, :
Defendant : Jury Trial Demanded
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27
To: Fredricksen Outpatient Center, 2015 Technology Parkway Mechanicsburg, PA 17050
(Name of Person or Entity)
Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the
fo/lowing documents or things:
Any and all MR/films and/or x-rays pertaining to Susan A. Nissei, SSg 192-36-4643, Date of
Birth 12/13/46.
at 110 South Northern Way, York, PA 17402
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this Subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its
service, the party serving this Subpoena may seek a Court Order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Ann Margaret Grab, Esquire
ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS
110 South Northern Way, York, PA 17402
TELEPHONE: (717) 757-7602
SUPREME COURT ID:55986
ATTORNEY FOR:Defendant
Date:
By the Court:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. and GEORGE M. NISSEL, : Civil Action - Law
Plaintiffs :
vs. : No. 01-6961 Civil Term
:
RUTH E. WEDEMEYER, :
Defendant : Jury Trial Demanded
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21 - 4009.27
To: Harrisburg Hospital, 111 South Front Slreet, Harrisburg, PA 17101
(Name of Person or Entity)
Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the
following documents or things:
Any and all MRI films and/or x-rays pertaining to Susan A. Nissei, SS# 192-36-4643, Date of
Birth 12/13/46.
at 110 South Northern Way, York, PA 17402
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this Subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its
service, the party serving this Subpoena may seek a Court Order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Ann Margaret Grab, Esquire
ADDRESS: GRllqqTH, STRICKLER, LERMAN, SOLYMOS & CALKINS
110 South Northern Way, York, PA 17407
TELEPHONE: (717) 757-7602
SUPREME COURT ID:55986
ATTORNEY FOR:Defendant
Date:
By the Court:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. and GEORGE M. NISSEL,
Plaintiffs
VS.
RUTH E. WEDEMEYER,
Defendant
Civil Action - Law
No. 01-6961 Civil Term
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this 28th day of August, 2002, I, Ann Margaret Grab, a member of the firm
of GRIFFITH, STKICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have
this date served a copy of the Notice of Intent to Serve a Subpoena by United States Mail,
addressed to the party or attorney of record as follows:
Richard A. Sadlock, Esquire
Angino & Rovner, P.C.
4503 N. Front Street
Harrisburg, PA 17110
GRIFFITH, STRICKLER, LERMAN,
S &/~KINS
~Ann Margaret GraCs~
Supreme Court ID No. 55986
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. AND GEORGE M. NISSEL,
Plaintiffs,
VS.
RUTH E. WEDEMEYER,
Defendant.
Civil Action - Law
No. 01-6961 Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 12th day of September, 2002, I, Ann Margaret Grab, Esquire, a member of
the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK1NS, Esquires, hereby
certify that I have, this date, served a copy of Videotape Deposition Notice of Dr. Robert Dahmus, by
United States Mail, addressed to the party or attorney of record as follows:
Richard A. Sadlock, Esquire
Angino & Rovner
4503 North Front Street
Harrisburg, PA 17110
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALSSf
Attorney for Defendant
Supreme Court I.D. # 55986
110 South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
SUSAN A. NISSEL and :
GEORGE M. NISSEL, her husband,:
Plaintiffs :
:
VS, '
RUTH E. WEDEMEYER, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
01-6961 CIVIL
IN RE: PRETRIAL CONFERENCE
Present at a pretrial conference held this date were Richard' Sadlock, Esquire, attorney for
the plaintiffs, and Ann Margaret Grab, Esquire, attorney for the defendant.
This case arises out ora March 16, 2001, motor vehicle accident in which the vehicle
occupied by the plaintiff was struck from behind by a vehicle driven by the defendant.
The trial of this case will consist, in part, of the testimony of several physicians all of
whom will appear via video tape.
This uncomplicated trial should be of no more than two days' duration. The usual
number of juror challenges will pertain.
October 16, 2002
Richard Sadlock, Esquire
For the Plaintiffs
Ann Margaret Grab, Esquire
For the Defendant
Court Administrator
Kevin A. Hess, J.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN A. NISSEL and
GEORGE M. NISSEL, her husband,
Plaintiffs
Vo
RUTH E. WEDEMEYER,
Defendant
CIVIL ACTION - LAW
NO. 01-6961
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned action as settled, satisfied, and discontinue~
Certificate of Settlement.
I.D. No. 47281
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
Date:
CC~
October 31, 2002
Ann Margaret Grab, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402-3737
252881.1\RAS\MLB
OCT 38 200E 12:33 AM FR RRWLE-HENDERSON 215 563 E583 TO 008~440E91.~1554 P.03/03
A~orneys for Defendants,
Schu~ider National Carriers, Inc. and
Johnny Scot~ Weigher
DIANE KIRKHUEF, individually and as
Execulxix of the Estate of
MILES KIRKHUNN
V.
DARRYL LEE LOWERY and :
D.M. BOWMAN, INC. :
:
SCHNEIDER NATIONAL CARRIERS, INC., :
HEP, BERT W. FARENKOPF, DAVID :
KISTLER & GRANDSON, INC., DAVID :
DeLONO; aud JOHNNY SCOTT WEIGNER :
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 2001-07126
WITII~RAWAL OF APPEARANCe.
TO THE CLERK OF COURT:
Kindly withdraw my appearance on behalf of Defendants, Schneider National Carriers,
Inc. and Johnny Scott Weigher, in the abov¢-entidod action.
By:
A. I tty
0"~886S.0!
ORDER TO ENTER APPEARANCF~
TO THE PROTHONOTARY:
Kindly emer our appearance on behalf of defendants, Schneider National Carriers, Inc.
and Johnny Scott Weigner, in the above-emitled action.
RAWLE & HE~II~E~RSON LLP
Analisa Sondergaard
Attorneys for Defendants,
Schneider National Carriers, Inc.
and Johnny Scott Weigner
0738865.01
2
CERTIFICATION OF SERVICE
I hereby certify that on today's date I served a true and correct copy of the foregoing
Entry of Appearance by first-class mail, postage prepaid, upon all attorneys of record,
addressed as follows:
Jane Roach, Esquire
726 Ann Street
Stroudsburg, PA 18360
Attorney for Plaintiff
Kimberley J. Woodie, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
1845 Walnut Street
Philadelphia, PA 19103
Attorney for Defendants Herbert K. Farenkopf,
David Kistler & Grandson, Inc. and David DeLong
RAWLE & HENDERSON LLP
Timothy J. Abeel
Analisa Sondergaard
Attorneys for Defendams,
Schneider National Carriers, Inc.
and Johnny Scott Weigner
DATED: October ~) 2002
0738865.01