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01-1711
ELAINE M. MOHLER, AMANDA LEE MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .o. -/rtl JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY:: Please issue a Writ of Summons against the Defendant, Amanda Lee Miller, who resides at the following address: Amanda Lee Miller 131 Marbeth Avenue Carlisle, PA 170'13 and have the Sheriff of Cumberland County serve the same. Respectfully submitted, DATED: HANDLER, HENNING & ROSENBERG ~David H/'Rosenberg, Esquire Supr~Cne Court I.D. # 20569 130~ Linglestown Road P.Q. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff ELAINE M. MOHLER, AMANDA LEE MILLER, Plaintiff : . : ., : .- Defendant : ,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED SHERIFF'S DIRECTIONS TO THE SHERIFF OF CUMBERLAND COUNTY: Please serve the Writ of Summons upon the Defendant, Amanda Lee Miller, at the address listed below: Amanda Lee Miller 131 Marbeth Avenue Carlisle, PA 17013 Respectfully submitted, HANDLER, HENNING & ROSENBERG DATED: .:~/g/ J~' By: Dav~ H Rosenberg, Esquire SuC)reme Court I.D. # 20569 1300 Linglestown Road P,O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff Commonwealth of Pennsylvania County of Cumberland AMANDA LEE MILT,ER 131 MARB~I'H AVENUE CARLISLE, PA i7013 Court of Commou Pleas No ........Q -l--k7- -]--1- -C-i- Yi-1- -T- -e- -r9! ........ 19 .... I. ....... f_ _iy_i~ _ _A_c~.i_e_n_ _~ _~_w ................ Amanda Lee Miller You are hereby notified that ....... _E_Aa_i_n_e__ .~_._ _ .~_o_h3. e_ ~_-_ ...................................................................... the Plaintiff has commenced an action in ........ _Ci_vJJ__Ac.tiofL_~_La~ .......................... against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis R. Long Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01711 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERIDkND MOHLER ELAINE M VS MILLER AMFdgDA LEE R. Thomas Kline duly sworn according to inquiry for the within named defendant, MILLER AMA/gDA LEE unable to locate Her in his bailiwick. ,Sheriff or Deputy Sheriff, who being law, says, that he made a diligent search and DEFENDANT but was He therefore returns the WRIT OF SUMMONS the within named DEFENDA/gT , MILLER AMANDA LEE DEFENDANT NO LONGER AT THIS ADDRESS NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 not found 5.00 36.10 HANDLER HENNING & ROSENBERG 05/1 /2001 Ri Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /,P~ day of ~ ,9~f A.D. ELAINE M. MOHLER, Vo AMANDA LEE MILLER, Plaintiff Defendant : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1711 JURY TRIAL DEMANDED PRAECIPE TO REINSTATE WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY:: Please reinstate the Writ of Summons against Defendant, Amanda Lee Miller, who resides at the following address: Amanda Lee Miller 1019 Redwood Drive Waynesboro, PA 17268 and have the Sheriff of Cumberland County serve the same. Respectfully submitted, HANDLER, HENNING & ROSENBERG (717) 238-2000 DATED: /---¢:'/~¢'"/0 / Attorney for Plaintiff m:\home\bqa\litigat\statefiTnkMILLER\entryofappearance.wpd Draft #1 June 28, 200& Jeffrey E Piccola, Esquire Supreme Court I.D. #18018 Brigid Q. Allot& Esquire Supreme Court I.D #38590 BOS~VELL, TINTNER, PICCOLA & WlCKERSHAM 315 North Front Street Post Office Box 741 14arrisbm'g, Pennsylvania 17108-0741 Attorneys for Defendant Amanda Lee Miller ELAINE M. MOHLER, Plaintiff V. AMANDA LEE MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1711 Civil Term JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearances ofBrigid Q. Alford, Esquire, Jeffrey E. Piccola, Esquire and Boswell, Tintner, Piccola & Wickersham on behalf of Defendant Amanda Lee Miller. Respectfully submitted, By:Br~rd,~~ Supreme Court I.D. #385t90 Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Amanda Lee Miller Date: CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Praecipe for Entry of Appearance by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Post office Box 1177 Harrisburg, PA 17108-1177 Attorney for Plaintiff Date: By: SHERIFF'S RETUR/~ - OUT OF COUNTY CASE NO: 2001-01711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CLrMBERIJkND MOHLER ELAINE M VS MILLER AMANDA LEE R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: MILLER AMANDA LEE but was unable to locate Her in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within WRIT OF SUMMONS Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On July 30th , 2001 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 35.40 .00 72.40 07/30/200 So answ~e r~: //~/ Sheriff of Cumberland County HANDLER HENNING & ROSENBERG Sworn and subscribed to before me Prothonotary / SHEHIFF'S RETURN - CASE NO: 2001-00099 T COMMONTWEALTH OF PENNSYLVtLNIA COUNTY OF FRANKLIN NOT FOUND ELAINE M MOHLER VS AMANDA LEE MILLER ROBERT WOLLYUNG according to law, the within named MILLER AF~LNDA LEE unable to locate Her , Sheriff , says, that he made a diligent DEFENDAiqT to wit: in his bailiwick. He who being duly sworn search and inquiry for but was therefore returns the SUMMONS the within named DEFENDANT , MILLER AMANDA LEE NOT FOUND , as to Sheriff's Costs: Docketing 9.00 Service 5.00 Affidavit 4.00 Surcharge .00 Mileage 16.82 35.40 CUMBERLAND COUNTY SHERIFF 07/18/2001 So answers: Sworn and subscribed to before me this/~i~ day of A.D Patficia A Str~ne. Notary Public Chambersbur9 8oro. Franklin County My Commissior ffxplres Nov. 4, 2004 In The Court of Common Pleas of Cumberland County, Pennsylvania Elaine M. Mohler VS. Amanda Lee Miller No. 2001 1711 civil NOW, 6/7/01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof l~anklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, July 18 ,20 Ol , at o'clock__ did not serve M. m*m~d the within WRIT OF SUMMONS upon AMANDA LEE MILLER 1019 REDWOOD DRIVE, WAYNESBORO, PA 17268 by handing to a and made known to me¸ copy ofthe original the contents thereof. So answers, PA COSTS SERVICE 14.0o MILEAGE 17.40 AFFIDAVIT 4. oo Stdae, Notary Public Boro, Franklin County 4, 2004 $ 35.40 TRUE COPY FROM RECORD le T~Imony ~-~, I hef.~ unto ~t ~ ~ Commonwealth of Pennsylvania County of Cumberland ELAINE M. MOHLER AMANDA LEE MILLER 131 MARBETH AVENUE CARLISLE, PA 17013 Court of Connnon Pleas No ........ 0_ _~.-X7_ _~ k _c_i_ _v_i~k _T_ _e_n~_ _ ........ 19 .... i n ....... _c_ &y_~A _8_c_~9_n_ _~ _!43_w ................ Amanda Lee Miller You are hereby no6fied that ........ ~_ ka_i.n_e_ _ ~._ _~_ 9_h3_e_ k ....................................................................... the Plaintiff has commenced an action in ........ .Cis;_i3__ActioIT_~_.La~ .......................... against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis R. Long Prothonotary m:~home\bqa\litigat\statefrmhMILLER~rule to file complaint.wpd Draft #1 December 17, 2001 Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & W]CKERSHAM 315 North Front SU'eet Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Amanda Lee Miller ELAINE M. MOHLER, Plaintiff V. AMANDA LEE MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1711 Civil Term JURY TRIAL DEMANDED CIVIL ACTION - LAW DEFENDANT AMANDA LEE MILLER'S PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Enter a role upon the Plaintiffto file a Complaint within twenty (20) days after service of the Rule, or Judgment of Non Pros will be entered. Respectfully submitted, Date: By: Supreme Court I.D. #38590 Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Amanda Miller Jeffrey E. Pi¢¢ola, Esquire Supreme Court I.D. #18018 Bfigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNEIL PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Amanda Lee Miller ELAINE M. MOHLER, Plaintiff V. AMANDA LEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : . : NO. 01-1711 Civil Term : : JURY TRIAL DEMANDED : CIVIL ACTION - LAW TO THE PLAINTIFFS: RULE You are ruled to file a Complaint upon Defendant Amanda Lee Miller within twenty (20) days after service hereof. Date: CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Defendant Amanda Lee Miller's Rule to File Complaint on the following by first-class mail, postage prepaid and addressed as follows: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Post office Box 1177 Harrisburg, PA 17108-1177 Attorney for Plaintiffs ELAINE M. MOHLER, Plaintiff ¥. AMANDA LEE MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1711 Civil Term JURY TRIAL DEMANDED CIVIL ACTION ~ LAW CERTIFICATE OF NOTIFICATION I, Brigid Q. Afford, Esquire, do hereby certify that I served the PlaintiffElaine M. Mohler with the Notice of Intent to Take Default Judgment, sending same by first-class mail, postage prepaid to it, at the following address: Elaine M. Mohler, Plaintiff C/O David H. Rosenberg, Esquire 1300 Linglestown Road Post Office Box 1177 Harrisburg, PA 17108-1177 A copy of said Notice is attached hereto. Date: BOSWELL, TINTNER. p & W/CKERSHAM · ICCOLA 13y:~ Brigld Q. Alford, Esquire Supreme Court I.D. #38590 Jeffrey E. Piceola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNEIL PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Amanda Lee Miller ELAINE M. MOHLER, Plaintiff V. AMANDA LEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. . : NO. 01-1711 Civil Term : : JURY TRIAL DEMANDED : CIVIL ACTION - LAW IMPORTANT NOTICE TO: Elaine M. Mohler, Plaintiff C/O David H. Rosenberg, Esquire 1300 Linglestown Road Post Office Box 1177 Harrisburg, PA 17108-1177 DATE OF NOTICE: February 12, 2002 You are in default because you have failed to file a complaint in this case. Unless you act within ten days fi'om the date of this notice, a judgment may be entered against you without a hearing and you may lose your right to sue the Defendant and thereby lose property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: Respectfully submitted By: Bri~ford, Esqui~ Supreme Court I.D. #38590 Boswell, Tintner, Piccola & Wickersham 315 N. Front Street Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Defendant Miller Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 Bfigld Q, Alford, Esquire Supreme Cour~ LD. #38590 BOSWELL~ TINTNEK, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Amanda Lee Miller ELAINE M. MOHLER, Plaintiff V. AMANDA LEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : : NO. 01-1711 Civil Term : : JURY TRIAL DEMANDED : CIVIL ACTION - LAW A: Elaine M. Mohler, PLAINTIFF FECHA DE NOTICIA: February 12, 2002 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS KEQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE LIN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABA JO PARA AVERIGUAR A DONDE USTED PUEDE OBTERNER LA AYADU LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ELAINE M. MOHLER, and her Minor daughters, MIRIAM and HANNAH MOHLER, by and through their natural parent guardian, ELAINE M. MOHLER, Individually Plaintiffs Vo AMANDA LEE MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 01-1711 : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-6166 HANDLER, HENNING & ROSENBERG By: n erg, Esquire tiff 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 jjw\com plaints\mva\mohler ELAINE M. MOHLER, and her Minor daughters, MIRIAM and HANNAH MOHLER, by and through their natural parent guardian, ELAINE M. MOHLER, Individually Plaintiffs AMANDA LEE MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-1711 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Elaine M. Mohler, by and through her attorneys, HANDLER, HENNING, & ROSENBERG, by David H. Rosenberg, Esquire, and makes this Complaint against the Defendant, Amanda Lee Miller, as follows: 1. Plaintiff, Elaine M. Mohler, is an adult individual currently residing at R.R.#1 Box 598, Sugar Run Road, Millerstown, Perry County, Pennsylvania 17062. Elaine M. Mohler brings this suit as a Plaintiff in her own right and also brings this action as natural parent and guardian on behalf of minor Plaintiffs Miriam Mohler and Hannah Mohler. 2. Plaintiff, Miriam Mohler was born on May 10, 1987, and is therefore a fourteen year old minor. She resides with her mother at R.R.#1 Box 598, Sugar Run Road, Millerstown, Perry County, Pennsylvania 17062. 3. Plaintiff, Hannah Mohler was born on October 12, 1988, and is therefore a thirteen year old minor. She resides with her mother at R.R.#1 Box 598, Sugar Run Road, Millerstown, Perry County, Pennsylvania 17062. 4. Defendant, Amanda Lee Miller, is an adult individual currently residing at1019 Redwood Drive, Waynesboro, Cumberland County, Pennsylvania 17'268. 5. At all times material hereto, Plaintiff, Elaine M. Mohler, was the owner and operator of a 1987 Ford Taurus sedan bearing the license plate number PA JTA 400, that was insured by Erie Insurance Group, under which motor vehicle insurance policy Plaintiff was covered by the Full Tort Option, which was in effect on June 19, 1998. 6. At all times material hereto, Defendant, Amanda Lee Miller, was the operator of a 1990 Chevrolet Cavalier owned and insured by her father, Stephen E. Miller, bearing the license plate number PA BSM 0100, that was insured by State Farm Insurance Company. 7. On or about, April 3, 1999, at approximately 11:24 am, Defendant's vehicle was immediately behind Plaintiff's vehicle heading north on State Road $5 exit ramp. Plaintiff's vehicle, in which Miriam and Hannah Mohler were passengers, was stopped and waiting to turn onto Market Street, State Road 2017. 8. At approximately that same time and place, Defendant failed to observe Plaintiff's vehicle and suddenly and without warning, the Defendant's vehicle violently slammed into the rear-end of Plaintiff's vehicle. 9. The aforementioned collision caused extensive property damage and was so severe that Plaintiffs, Elaine M. Mohler, Miriam Mohler and Hannah Mohler, required immediate and continuing medical attention. 10. As a direct and proximate result of the negligence of the Defendant, Amanda Lee Miller, Plaintiffs, Elaine M. Mohler, Miriam Mohler and Hannah Mohler sustained extensive injuries as set forth more specifically below. 2 COUNTI ELAINE M. MOHLERv. AMANDA LEE MILLER NEGLIGENCE 11. Paragraphs 1-10 are incorporated herein as if set forth at length. 12. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Elaine M. Mohler, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Amanda Lee Miller, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the roadway and the position of Plaintiff's vehicle; (b) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before slamming into Plaintiff's vehicle; (c) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's vehicle; (d) In failing to regulate the speed of her vehicle so as to prevent a rear-end collision; (e) In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to keep a proper lookout for vehicles lawfully on State Road 35 exit ramp; (h) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa.C.S.A. § 3714; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; and (j) In driving her vehicle upon a State roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 13. As a direct and proximate result of the negligence of the Defendant, Amanda Lee Miller, the Plaintiff, Elaine M. Mohler, has suffered extensive and serious personal injuries, including, but not limited to, her neck, upper back, left hand and arm. Since being taken from the scene via ambulance to the emergency room at Sunbury Hospital, the Plaintiff, Elaine M. Mohler has been diagnosed with injuries including, but not limited to, a cervical strain/sprain, left somatic dysfunction, dorsal strain/sprain, and contusion of the left hand; a neck strain, cervicalgia, dislocations of cervical vertebrae, and constant and severe headaches. 14. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Elaine M. Mohler, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 15. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Elaine M. Mohler, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her 4 great physical, emotional and financial detriment and loss. 16. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Elaine M. Mohler, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 17. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Elaine M. Mohler, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 18. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Elaine M. Mohler, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 19. Plaintiff, Elaine M. Mohler, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Elaine M. Mohler, seeks damages from Defendant, Amanda Lee Miller, in an amount in excess of twenty-five thousand dollars ($25,000.00) exclusive of interest and costs, and demands a trial by jury. COUNT II MIRIAM MOHLER, by and through her natural parent and legal guardian, ELAINE M. MOHLER v. AMANDA LEE MILLER NEGLIGENCE 20, Paragraphs 1-19 are incorporated herein as if set forth at length. 5 21. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Miriam Mohler, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Amanda Lee Miller, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the roadway and the position of Plaintiff's vehicle; (b) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before slamming into Plaintiff's vehicle; (c) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's vehicle; (d) In failing to regulate the speed of her vehicle so as to prevent a rear-end collision; (e) In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to keep a proper lookout for vehicles lawfully on State Road 35 exit ramp; (h) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa.C.S.A. § 3714; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; and 6 (j) In driving her vehicle upon a State roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 22. As a direct and proximate result of the negligence of the Defendant, Amanda Lee Miller, the Plaintiff, Miriam Mohler, has suffered extensive and serious personal injuries, including, but not limited to, her neck and back. Since being taken from the scene via ambulance to the emergency room at Sunbury Hospital, the Plaintiff, Miriam Mohler has been diagnosed with injuries including, but not limited to, dislocations in the first cervical vertebra, misalignment of the C3 and Cl vertebrae, neck strain, headaches and cervica{gia. 23. AS a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Miriam Mohler, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 24. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Miriam Mohler, by and through her natural parent and legal guardian Elaine M. Mohler, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 25. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Miriam Mohler, has not been able to act as a normal teenager and has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great 7 detriment and loss. 26. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Miriam Mohler, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 27. Plaintiff, Miriam Mohler, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Miriam Mohler, seeks damages from Defendant, Amanda Lee Miller, in an amount in excess of twenty-five thousand dollars ($25,000.00) exclusive of interest and costs, and demands a trial by jury. COUNT III HANNAH MOHLER. bv and through her natural parent and legal guardian. ELAINE M. MOHLER v. AMANDA LEE MILLER NEGLIGENCE 28. Paragraphs 1-27 are incorporated herein as if set forth at length. 29. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Hannah Mohler, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Amanda Lee Miller, generally and more specifically as set forth below: (a) (b) In failing to be reasonably vigilant to observe the roadway and the position of Plaintiff's vehicle; In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before slamming into Plaintiff's vehicle; (c) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's vehicle; (d) In failing to regulate the speed of her vehicle so as to prevent a rear-end collision; (el In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead; (fl In fai~ing to maintain proper and adequate observation of the existing traffic conditions; (gl In failing to keep a proper lookout for vehicles lawfully on State Road 35 exit ramp; (h) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa.C.S.A. § 3714; (il In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; and (j) In driving her vehicle upon a State roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 30. As a direct and proximate result of the negligence of the Defendant, Amanda Lee Miller, the Plaintiff, Hannah Mohler, has suffered extensive and serious personal injuries, including, but not limited to, her neck, back, hip and chest. Since being taken from 9 the scene via ambulance to the emergency room at Sunbury Hospital, the Plaintiff, Hannah Mohler has been diagnosed with injuries including, but not limited to, dislocations in the cervical vertebra, cervical radiculitis, misalignments of the Cl, T1, T8 and T12 vertebrae, misalignments of the right hip, headaches and neck strain. 31. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Hannah Mohler, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 32. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Hannah Mohler, by and through her natural parent and legal guardian Elaine M. Mohler, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 33. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Hannah Mohler, has not been able to act as a normal child of her age and has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 34. As a result of the negligence of Defendant, Amanda Lee Miller, the Plaintiff, Hannah Mohler, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 35. Plaintiff, Hannah Mohler, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Hannah Mohler, seeks damages from Defendant, Amanda 10 Lee Miller, in an amount in excess of twenty-five thousand dollars ($25,000.00) exclusive of interest and costs, and demands a trial by jury. Respectfully Submitted, HANDLER, HENNING & ROSENBERG Date: By /David HRosenberg J ID # 20569 / 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for PLaintiff 11 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: BY:~hler/r~ "~~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendant, Amanda Lee Miller, by sending a copy of the same to his counsel of record, Brigid Q. AIford, Esq., BOSWELL, TINTNER, PICCOLA, & WICKERSHAM, 315 North Front Street, Harrisburg, PA 17108, by United States Mail, regular service, in Harrisburg, Pennsylvania on February 21, 2002. Respectfully submitted, HANDLER, HENNING & ROSENBERG David~VRosenberg, Esquire Cou~el for Plaintiff ID/# 20569 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 ELAINE M. MOHLER, and her Minor daughters, MIRIAM and HANNAH MOHLER, by and through their natural parent guardian, ELAINE M. MOHLER, Individually Plaintiffs Vo AMANDA LEE MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-1711 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On the 21 st day of February, 2002, I hereby certify that a true and correct copy of Plaintiff's First Request for Production of Documents and Plaintiff's First Set of Interrogatories were served upon the following by United State mail, postage prepaid, addressed as follows: Brigid Q. Alford, Esquire 315 North Front Street P O Box 741 Harrisburg PA 17108-0741 HANDLER, HENNING & ROSENBERG By ~Jean E. Green, Secretary Brigid Q. Afford, Esquire Supreme Corot I.D. #38590 JefiSey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL T1NTNER, PICCOLA & W1CKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Amanda Lee Miller ELAINE M. MOHLER, Plaintiff V. AMANDA LEE MILl,ER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1711 Civil Term JURY TRIAL DEMANDED CIVIL ACTION - LAW NOTICE TO PLEAD TO: Elaine M. Mohler C/O David H. Rosenherg, Esquire 1300 Linglestown Road Post Office Box 1177 Harrisburg, PA 17108-1177 You are hereby notified to file a written response to the enclosed Answer of Defendant Miller to Plaintiff's Complaint with New Matter, within twenty (20) days from service hereof or a judgment may be entered against you. Date BOSWELL, TINTNER, PICCOLA & WICKERSHAM - 2. By: Brig~d, Esqui~ m:\home\bqa\litigat\statefrm\MILLER~ANSWER NMT.wpd Draft #2 March 14, 2002 B~/gid Q. Al ford, Esquire Supreme Court I.D. #38590 Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL, T1NTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg pennsylvania 17108-0741 Attorneys for Defendant Amanda Lee Miller ELAINE M. MOHLER, Plaintiff V. AMANDA LEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 01-1711 Civil Term : : JURY TRIAL DEMANDED : CIVIL ACTION o LAW DEFENDANT MILLER'S ANSWER TO COMPLAINT WITH NEW MATTER Defendant Amanda Lee Miller, by her attorneys, Brigid Q. Alford, Esquire, and Boswell, Tintner, Piccola & Wickersham, answers Plaintiffs' Complaint, as follows: 1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 1; proof thereof is demanded. 2. Defendant is without knowledge or information sufficient to form a belief as to the troth of the allegations set forth in Paragraph 2; proof thereof is demanded. 3. Defendant is without knowledge or information sufficient to form a belief as to the troth of the allegations set forth in Paragraph 3; proof thereof is demanded. 4. Denied as stated; Defendant Amanda Lee Miller is now married and uses the name Amanda Lee Lombardo, and currently resides at 3032 Cook Road, Fayetteville, PA 17222. 5. Defendant is without knowledge or information sufficient to fom~ a belief as to the troth of the allegations set forth in Paragraph 5; proof thereof is demanded. 6. Admitted. 7. Admitted. 8. Denied as stated; Defendant did not fail to observe the Plaintiff's vehicle, nor did she "violemly" slam into its rear end. 9. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 9; proof thereof is demanded. 10. Defendant is without knowledge or information sufficient to form a belief as to the troth of the allegations set forth in Paragraph 10; proof thereof is demanded. ANSWER TO COUNT I Elaine M. Mohler v. Miller Negligence 11. Defendant incorporates herein byreference her answers to Paragraphs 1 - 10, above. 12. Paragraph 12 sets forth a conclusion of law to which no response is required. Should a response be deemed required, Defendant Miller: (a) Denies that she failed to be reasonably diligent to observe the roadway and the position of Plaintiff's vehicle; -2- Co) Denies that she failed to operate her vehicle in such a manner that would allow her to apply the brakes and stop before slamming into Plaintiff's vehicle, and denies that she "slammed" into Plaintiff's vehicle; (c) Denies that he failed to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's vehicle; (d) Denies that she failed to regulate the speed of her vehicle so as to prevent a rear-end collision; (e) Denies that she failed to operate her vehicle at a speed at which she could stop within the assured clear distance ahead; (f) Denies that she failed to maintain proper and adequate observation of the existing traffic conditions; (g) Denies that she failed to keep a proper lookout for vehicles lawfully on State Road 35 exit ramp; Denies that she failed to exercise reasonable care in the operation and control fo her vehicle, in violation of 75 Pa.C.S.A. 3714; (i) Denies that she failed to be continuously alert, failed to perceive any warning of danger that was reasonable likely to exist, and failed to have her vehicle under such control that injury to persons or property could be avoided; and 6) Denies that she drove her vehicle upon a State roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. -3- 13. The allegations as to negligence set forth conclusions of law to which no response ~s required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 14. The allegations as to negligence set forth conclusions of law to which no response ~s required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 15. The allegations as to negligence set forth conclusions of law to which no response ~s required. As to the remaiuing allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 16. The allegations as to negligence set forth conclusions of law to which no response ~s required, As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 17. The allegations as to negligence set forth conclusions of law to which no response ~s required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 18. The allegations as to negligence set forth conclusions of law to which no response ~s required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 19. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 19 as to what Plaintiff "believes;" the same are therefore denies and proof thereof is demanded. -4- WHEREFORE, Defendant Miller requests that judgment be entered in favor of the Defendant. ANSWER TO COUNT II Miriam Mohler, bv and through her natural oarent and legal guardian, Elaine M. Mohler v. Amanda Lee Miller Negligence 20. Defendant Miller incorporates herein be reference her answers to Paragraphs 1 - 19, above. 21. Paragraph 21 sets forth a conclusion of law to which no response is required. Should a response be deemed required, Defendant Miller: (a) Denies that she failed to be reasonably diligent to observe the roadway and the position of Plaintiff's vehicle; (b) Denies that she failed to operate her vehicle in such a mmmer that would allow her to apply the brakes and stop before slamming into Plaintiff's vehicle, and denies that she "slammed" into Plaintiff's vehicle; (c) Denies that she failed to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's vehicle; (d) Denies that she failed to regulate the speed of her vehicle so as to prevent a rear-end collision; (e) Denies that she failed to operate her vehicle at a speed at which she could stop within the assured clear distance ahead; Denies that she failed to maintain proper and adequate observation of the existing traffic conditions: -5- (g) Denies that she failed to keep a proper lookout for vehicles lawfully on State Road 35 exit ramp; (h) Denies that she failed to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa.C.S.A. §3714; (i) Denies that she failed to be continuously alert, failed to perceive any warning of danger that was reasonable likely to exist, and failed to have her vehicle under such control that injury to persons or property could be avoided; and (J) Denies that she drove her vehicle upon a State roadway in a manner endangering persons and property and in a manner with careless disregard to the fights and safety of others in violation of the Motor Vehicle Code of the Con'nnonwealth o f Permsylvania. 22. The allegations as to negligence set forth conclusions of law to which no response is required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 23. The allegations as to negligence set forth conclusions of law to which no response is required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 24. The allegations as to negligence set forth conclusions of law to which no response is required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 25. The allegations as to negligence set forth conclusions of law to which no response is required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the troth of those allegations; proof thereof is demanded. 26. The allegations as to negligence set forth conclusions of law to which no response is required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 27. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 27 as to what Plaintiff "believes;" the same are therefore denies and proof thereof is demanded. WHEREFORE, Defendant Miller requests that judgment be entered in favor of the Defendant. 28. above. 29. Should a response be (a) ANSWER TO COUNT III Hannah Mohler. by and through her natural parent and leeal guardian, Elaine M. Mohler v. Amanda Lee Miller Negligence Defendant Miller incorporates herein by reference her answers to Paragraphs 1 - 27, Paragraph 29 sets forth a conclusion of law to which no response is required. (c) deemed required, Defendant Miller: Denies that she failed to be reasonably diligent to observe the roadway and the position of Plaintiff's vehicle; Denies that she failed to operate her vehicle in such a manner that would allow her to apply the brakes and stop before slamming into Plaintiff's vehicle, and denies that she "slammed" into Plaintiff's vehicle; Denies that she failed to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's vehicle; -7- (d) iDenies that she failed to regulate the speed of her vehicle so as to prevent a rear-end collision; (e) Denies that she failed to operate her vehicle at a speed at which she could stop within the assured clear distance ahead; (f) Denies that she failed to maintain proper and adequate observation of the existing traffic conditions: (g) Denies that she failed to keep a proper lookout for vehicles lawfully on State Road 35 exit ramp; (h) Denies that she failed to exercise reasonable care in the operation and control fo her vehicle, in violation of 75 Pa.C.S.A. 3714; (i) Denies that she failed to be continuously alert, failed to pemeive any warning of danger that was reasonable likely to exist, and failed to have her vehicle trader such control that injury to persons or property could he avoided; and 0) Denies that she drove her vehicle upon a State roadway in a manner endangering persons and property and in a manner with careless disregard to the fights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 30. The allegations as to negligence set forth conclusions of law to which no response is required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 31. The allegations as to negligence set forth conclusions of law to which no response is required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. -8- 32. The allegations as to negligence set forth conclusions of law to which no response is required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 33. The allegations as to negligence set forth conclusions of law to which no response is required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded, 34. The allegations as to negligence set forth conclusions of law to which no response is required. As to the remaining allegations, Defendant Miller is without knowledge or information sufficient to form a belief as to the truth of those allegations; proof thereof is demanded. 35. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 35 as to what Plaintiff "believes;" the stone are therefore denies and proof thereof is demanded. WHEREFORE, Defendant Miller requests that judgment be entered in favor of the Defendant. NEW MATTER 36. To the extent that Plaintiffs have sustained any of the injuries alleged in the Complaint, Defendant avers that, in whole or in part, such injuries were not causally related to the motor vehicle accident at issue. 37. Pennsylvania's Comparative Negligence Statute bars Plaintiff Elaine M. Mohler's claims. -9- WHEREFORE, Defendant Miller respectfully requests that judgment be entered in favor of the Defendant. Respectfully submitted, By: Bfigid~. Alford, Es i~re Supreme Court ID ~B'8590 Jeffrey E. Piccola, Esquire Supreme Court ID #18018 Boswell, Tintner, Piccola & Wickersham 315 North Front Street, Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Defendant Amanda Lee Miller Date: VERIFICATION Brigid Q. Alford, Esquire, being duly sworn according to law, deposes and says that she is the attorney for Defendant Amanda Lee Miller, that said Defendant cannot make the verification to the foregoing Answer with New Matter to Plaintiff's Complaint because Defendant Miller's verification cannot be obtained within the time allowed for filing, and that the facts set forth in the foregoing are true and correct upon her personal knowledge, information and beliefi CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of the foregoing Defendant Miller's Answer to Complaint with New Matter by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Post Office Box 1177 Harrisburg, PA 17108-1177 Attorney for Plaintiff Date: By: ELAINE M. MOHLER, : Plaintiff : AMANDA L. MILLER, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1711 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Elaine M. Mohler, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP by David H Rosenberg, Esquire, and responds as follows: 36. Denied. This is a legal conclusion which requires no answer; however, if an answer was required then this averment is specifically denied. 37. Denied. This is a legal conclusion which requires no answer; however, if an answer was required then this averment is specifically denied. WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of the Plaintiff. Date: Respectfully Submitted, HANDL. F.,R, HENNING & ROSENBERG, LLP David H RosefdSerg, Esquire I.D. No. 20569 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendam, AMANDA L. MILLER, by sending a copy of the same to her counsel of record, Brigid Q. Alford, Esq., BOSWELL, TITNER, PICCOLA & WICKERS, 315 North Front Street, P.O. Box 741, Harrisburg, PA 17108-0741, by United States Mail, regular service, in Harrisburg, Pennsylvania on March 21, 2002 Respectfully submitted, HANDLER, HENNING & ROSENBERG David H/Rosenberg, Esq. I.D. # 20569 1300 Linglestown Road P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff ELAINE M. MOHLER, Plaintiff V. AMANDA LEE MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1711 Civil Term JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE TO_~ILE VE~RIFIC~ATIO_._N TO THE PROTHONOTARY: Kindly file he attached original verification and substitute it for the interim attorney's t verification attached to Defendant's Answer to New Matter, filed March 14, 2002 in this case. Respectfully submitted, By: - Jeffrey E. Piccola, Esquire Supreme Court I.D. # 18018 BOSWELL, TINTNER, PICCOLA 315 North Front Street & WICKERSHAM Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Amanda Lee Miller D~te'. ~ CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Praecipe to File Verification by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: David H. Rosenberg, Esquire 1300 Linglestown Road Post Office Box 1177 Harrisburg, PA 17108-1177 Date: By: ELAINE M. MOHLER, Plaintiff AMANDA LEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CllMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-1711 CIVIL TERM : : CIVIL ACTION - LAW : JI1RY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this~.~day of May, 2002, I hereby certify that I have, on this date, served the within Plaintiff's Answers to Defendants Interrogatories and Plaintiff's Responses to Defendants Request for Production of Documents, by sending a true and correct copy of same to their attorney of record and including copies to all parties of interest via first class mail, postage prepaid, as follows: Jeffrey E. Piccola, Esquire Brigid Q. Alford, Esquire 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108~-0741 HANDLER, HENNING & ROSENBERG nberfl, Esquire 20569 own [toad A 17110 (717) 238-2000 Brigid Q. Alford~ Esquire Supreme Court I.D. #38590 Jeffrey E. Pi¢¢ola, Esquire Supreme Court I.D. #18018 BOSWEll, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Haffisburg, Pennsylvania 17108-0741 Attorneys for Defendant Amanda Lee Miller ELAINE M. MOHLER, Plaintiff V. AMANDA LEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : : NO. 01-1711 Civil Term : : JURY TRIAL DEMANDED : CIVIL ACTION - LAW CERTIFICATE PREREOUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to cotmsel of record, (2) certificate, (3) a copy of the notice of intent, including the proposed subpoenas, is attached to this no objection to the subpoenas has been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, Date: &//g~.~ By: Supreme Court #38590 Jeffrey E. Piccola, Esquire Supreme Court #18018 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Han'isburg, PA 17101 (717) 236-9377 Attorneys for Defendant Amanda Lee Miller Bfigid Q. Alford~ Esquire Supreme Court I.D. #35590 Jeffrey E. Piccola. Esquire Sapreme Court I.D. #18018 BOSWELL. TINTNER. PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania [7105-0741 ELAINE M. MOHLER, Plaintiff V. AMANDA LEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1711 Civil Term : JURY TRIAL DEMANDED : CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Amanda Lee Miller intends to serve subpoenas identical to the ones that are attached to this notice upon the following: Ed S. Violago, M.D. Barry B. Moore, M.D. Arlington Rehab & Sports Medicine Center Radiology Associates Steven E. Morganstein, D.O. Timothy A. Mulhollem, D.C. Magnetic Imaging Center David E. Tanner, D.O. Albert W. Heck, M.D. (PA Neurological Associates, Ltd.) Physiotherapy Associates William K. Shaffer, D.C. Robert R. Kaneda, D.O. Thomas E. Becker, II, D.C. (Becket Chiropractic) 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. Respect fully submitted, Date: By: B . E re Supreme Court #38590 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Han'isburg, PA 17101 (717) 236-9377 Attorneys for Defendant Amanda Lee Miller COMMONWEALTH OF PENNSYLVA:,.q4 · COUNTY OF CUMBERLAND ELAINE M. MOHLER, : Plaihtiff' : v. : File No. A/~ANDA LEE. MILLER, : Defendant : SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 01-1711 Civil Term TO: Thomas E. Becker, II, D.C. (Becker Chiropractic) (NameofPer$onorEn~i~) ;/ithin t'¢,en~ (20) days afl, er service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records,, treatment records, correspondence, referrals, etc for Elaine M. Mohler (Social Security ~169-44-3434), Date-of-birth 07/13/1 from April, 1999 to present. 315 North Front Street. Ha~r~b~g, uA 17101 (Adcre$$) '¢=u may deliver or mail legible co~ies of the documents or produce things request=.d by this subpoena, together ,..,itn the certificate of ccmpIiance, to the par~ making this reques~ at the address listed above. You have the ric. h~ seek in advance the reasonab!e cost of preparing the copies or produclng the thin.cs sought. f you fail to produce the documents or things required by this subpoena 'within m.'em'y (20) days a~er its service, :,-,e oar?/serving ~his subpoena may seek a court order comDelIing you to compIy with iL THIS SUBPOENA WASISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham Address: 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 ~-e!e2hone: (717) 236-9377 _~u2reme Court ID# 38590 Defendant Amanda Lee Miller BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division DeputY (Eft. COMMONWEALTH OF PENNSYLVA:'4!~ ' COUNTY OF CUMBERLAND ELAINE M. MOHLER, Plaihtiff, v. Fite Nc. AMJtNDA LEE. MILLER, Defendant SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4.009.22 01-]71] Civil Term 70: Robert R. Kaneda, D.©. (Name of ~ersoa or //ithin ~,'vent7 (20) days a~er service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records,, treatment records, correspondence, referrals, etd for Elaine M. Mohler (Social Securitv ¢169-44-3434), from April, 1999 to present. =_; 315 North Front Street, Harrisburg, gA 17~0/ (A~creSs) Date-of-birth 07/13/1 'bu may deliver or mail legibie c=pies of the documents or produce things requested by this subpoena, together ,vith the certificate of compliance, to the par~ making this request at the address listed above. You have the right seek in advance the reasonable cost of preparing the copies or producing the things sought. f you fail to produce the documents or things required by this subpoena within mven~ (20) days aAerits service, ::~e par~'/serving ~nis subpoena may seek a dour: order compe!iing you to comply with it. THIS SUBPOENA WASISSUED ATTHE REQUEST OF THE FOLLOWING PERSON: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola& Wickersham Address: 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 -elenhone: (717) 236-9377 -~-uoremeCourtID# 38590 :,:;3rney For: Defendant Amanda Lee Miller BY TH.-- COURT: Seal of the Ccuri Prothonotary/Clerk, Civil Division DepUty (Eft. 7/97) COMMONWEALTH OF PENNSYLV,z.:4!4 · COUNTY OF CUMBERLAND ELAINE M. MOHLER, Plai'ntiff v. : Fiie No. AMANDA LEE. MILLER, : Defendant : SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 01-1713 Civil Term William K. Shaffer. D.C. (Na~eof~ers~ncrE~l~) ,*,/ithin t',ven~ (20) days a~er service of this subpoena, you are ordered by the cou~ to produce the fcltowin9 dccumen*.s or rhinos: Any and all medical records,, treatment records, correspondence, referrals, etc for Elaine M. Mohler (Social from April, 1999 to present. Securitv ¢169-44-3434), Date-of-birth 07/13/! 315 North Front Street. ~arri~h~rq, pA 17101 "bu may deliver or mai[ le._zibie copies of the documents or produce thin, cs requested by this subpoena, together · . ~m~ address listed above. You have the ri_ch[ ,vith the certificate of cc,,'-",sliance, to the par~ rn,,akin~ this recues; at ' = seek in advance the ,~_=,.,,,=.L c~s, c, preparin~ the cosies or producis9 the thin,cs sought, :vou fail to pr,.,d .... h. documents ~r thincs_ ,,=,"~..,uh'-¢-~._ by this sub~oena within .h,¢enty (20) days after its service, :ne per~ serving tn~s su.,p~=, = m---v seek a ccur: order cc~,,:e!linc you to comply wkh ·' THIS SUBPOENA WASISSU5D AT THE REQUEST OF THE FOLLOWING P~RSON: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham &caress: 315 North Front Street Post office Box 741 Harrisburg, PA 17108-0741 --,~ --- (717) 236-9377 _~2remeCourtlD# 38590 a'.:zrney For: Defendant Amanda Lee Miller BY THE COURT: Prothonotary/Clerk, Civil Division Seal of the Court DepuW (~-= =IST) COMMONWEALTH (DF P?_,.NNSYLV.A~,.q4 · COUNTY OF CUMBERLAND ELAINE M. MOHLER, : Plaihtiff. : v. : Fiie Nc. AMANDA LEE.. MILLER, : Defendant : SUBPOENATO PRODUCE DOCUMENTS ORTHiNGS FOR DISCOVERY PURSUANTTO RULE 4009.22 01-1711 Civil Term TO: Physiotherapy Associates (Name of Fer~n Jr rnu~) ,Vithin ~,,¢enry (20) days after service of this subpoena, you are ordered by the ccu~ to produce the following documents or things: Any and all medical records,, treatment records, correspondence, referrals, etc for Elaine M. Mohler (Social Security ~169-44-3434), from April, 1999 to present. 315 North Front Street, ~arri~b~g, gA 17!01 Date-of-birth 07/13/1 ',bu may deliver cr mail legible copies of the documents or produce things request=.d by this subpoena, together ..:i~h the certificate cf compliance, to the par~ makin~ this re~ues~ at the adcress listed above. You have the ri.ch~ seek in advance ,'.he reasonah~!e cost cf preparin~ the copies or prcducln~ the thin.cs sought. f you fail to produce the documents or things required by this subpoena within m,,en~ (20) days after its service, :-,e DarT>/ serving ~his subpoena may seek a court order co,mpeltin_c you ,to comply wi~h it. THIS SU'EPOENA WAS ISSUED ATT~,E REQUEST OF THE FOLLOWING PERSON: ~ame Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham ~'cdr~ss: 315 North Front Street Post office Box 741 Harrisburg, PA 17108-0741 -eie2hone: (717) 236-9377 -~u~remeCourtID# 38590 ~F. crney F~r: Defendant Amanda Lee Miller BY THE COURT: Seal of the Ccuri Prothonotary/Clerk, Civit Division Deputy (Eft. COMMONWEALTH OF PENNSYLV,z'?;~4 ' COUNTY OF CUMSHRLAND ELAINE M. MOHLER, Plaintiff. v. Fiie No. AMANDA LEE. MILLER, Defendant SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 01-1711 Civil Term TO: Albert W. Heck, M.D. (Name of ~erscn cr 5nu,'y) //ithin t`¢~ent7 (20) days afl`er se,~ice of this subpoena, you are ordered by the court to produce the fcllowin~ documents or things: Any and all medical records,, treatment records, correspondence, referrals, etc for Elaine M. Mohler (Social Security 9169-44-3434), from April, 1999 to present. 315 North Front Street. Harr~b~rg, ~ 17101 (ACcress) Date-of-birth 07/13/1 '.bu may deliver or mail legible copies of the documents or produce things requested by th;s subpoena, together .vith the certificate of compliance, ~o the per,'y makin~ this reques~ at tpe adcress listed above. You have the righ~ seek in advance the reasonable cost cf preparin~ the copies or producin~ the things sought. f you fail to produce the documents or things required by this subpoena within ~,,enty (20) days afl`er its service, l,'-e part'/servin,_c ~h, is subpoena may seek e cour~ order compelling you to comply wi~h it. THIS SUBPOENA WASISSUEDATTHE REQUEST OF THE FOLLOWING PERSON: 'dame Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham &C~ress: 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 -e!e~hone: (717) 236-9377 5.;'sreme Cour~ lD ~ 38590 For: Defendant Amanda Lee Miller BY THE COURT: SeaI of the Ccur~ Prothonotary/Clerk, Civil [Division Deputy (Eft. 7/ST) -. , COMMONWEALTH OF PENNSYLV.-'.',.qA ' COUNTY OF CUMSERLAND ELAINE M. MOHLER, Plaihtiff. v. Fite No. AMANDA LEE.. MILLER, Defendant : SUB POENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4.009.22 01-1711 Civil Term David E. Tanner, D.C. (Name of ,~ersCn Or -_-m~ty) ,'./ithin t'¢¢en%/ (20) days after service of this subpoena, you are ordered by the court to produce the fo[lowing dco,,~ments or things: Any and all medical records,, treatment records, correspondence, referrals, etc for Elaine M. Mohler (Social Securitv ~169-44-3434), Date-of-birth 07/13/1 from April, 1999 to present. ' 315 North Front Street. (Actress) Vsu may deliver or mail legibie copies of the documents or produce things requested by th;s subpoena, roger,her ...,ith the certificate Of ccmpIiance, to the par~ makinc~ this request at the address listed above. You have the ri_ch,: seek in acvance the resscnaP!e cost cf preparin~ the copies or producing the things sou_cbt f you fail to produce the documents or things required by this subpoena within ravenS, (20) days after its service, :ne par~y serving ~2is subboena ma,./seek a court order compelling you ~.o comply wit,h it. SUBPOENAWASISSUED AT THE REQUEST OF T~E FOLLOWING PERSON: Brigid Q. Alford, Esquire Boswell, Tintner, Piccolo & Wickersham Acdress; 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 -e',e~hone: (717) 236-9377 -~;2remeCour~tD# 38590 -':;crney For: Defendant Amanda Lee Miller BY THE COURT: Sea[ of [he Court Prcthonotary/Clerk, Civil Division DepuW (Eft. 7/~7) .¢OM, MONWEALTH OF PENNSYLVA>,'!4 COUNTY OF CUMBERLAND ELAINE M. MOHLER, Plaihtiff' v. File No. AMANDA LEE. MILLER, Defendant : SUBPOENATO PRODUCE DOCUMENTS ORTHtNGS FOR DISCOVERY PURSUANTTO RULE 4009.22 01-]711 Civil Term Magnetic Imaging Center (Name of ~ereon cr --nu~) ;/ithin~¢¢en~ (20) days a~erse~ice o/this subpoena, you are ordered bythe court~o producethefotiowin9 documentsorthin~s: Any and all medical records,.treatment records, correspondence, referrals, etc for Elaine M. Mohler (Social Security #169-44-3434), Date-of-birth 07/13/1 from April, 1999 to present. 315 North Front Street. Harr~b]lrg, PA 17101 '-'cu may deliver cr mail Iegibie copies of the documents cr produce things requested by this subpoena, together ,,:/th the certificate of compliance, to the par~ making this request at the address listed above. You have the righ.'. seek in advance ,'.he reasonable cost cf preparing the copies or producing the thin.cs sought. you fail to produce the documents or things required by ,'.his sub~ceaa within m,,en~ (20) days after its service, :ns parr/ serving ;his subpoena may seek a court order compeJiing you ~.o comply with it. THIS SUBPOENA WASISSUED ATTHE REQUEST OF THE FOLLOWING PERSON: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham ~C~ress: 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 reie2hone: (717) 236-9377 _~u2rsme Cour~lD # 38590 ~'.;or,~ey For: Defendant Amanda Lee Miller BY THE COURT: Se=-[ of the Court Prothonotary/Clerk, Civil Division Deputy (Eft. C:OMMONWf:ALTH OF PENNSYLV.-'.'a!A ' COUNTY OF CUMB=-RLAND ELAINE M. MOHLER, Plaintiff. v. File No. AMANDA LEE. MILLER, : Defendant : SUBPOENATO PRODUCE DOCUMENTS ORTHtNGS FOR DISCOV~=,::[Y PURSUANTTO RULE 4009.22 0t-37] 7 Civil Term TO: Timothy A. Mulhollem, D.C. (Name of ~/ithin ~,.ven~ (20) days after sewice of this subpoena, you are ordered by the cou~ to produce the following documents or things: Any and all medical records,.treatment records, correspondence, referrals, etc for Elaine M. Mohler (Social Securitv ~169-44-3434), from April, 1999 to present. 315 North Front Street. Harrlsb~r~, ~A 1710~ Date-of-birth 07/13/1 m_:l le_~e .~.s of the documents or produce tnincs recuested by this subpoena, tccether · ¢ith the certificate of ccmctiance to the par~ making this reques~ at the adcress listed above. You have the rich[ : ==_~ ~n advance ~ne reasonable cos~ cf preparin~ the copies or producin9 ~he thin~s sought. f you faiI to produce the documents or thin_~s required by this subpoena within ~¢en~ (20) days a~er its servics, ne parry servinc ;his subpoena may seek a court order ccmpetlin_c you to comply wi;,h it -HIS SUBPOENA WASISSUED AT THE REQUEST OF THE FOLLOWING PERSON: .~ame Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham Lc~ress~ 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 'eleDhcne: (717) 236-9377 ~u:~remeCourtID# 38590 <~orney For: Defendant Amanda Lee Miller BY THE COURT: >ate: Seal of the Ccur~ Prothonotary/Clerk. Civil Division DeputY (Eft. 7/97') · COMMONWEALTH OF PENNSYLVA>~!A 'COUNTY OF CUMBERLAND ELAINE M. MOHLER, Plaintiff~ v, Fiie No. AMANDA LEE MILLER, Defendant : SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 01-1 711 Civil Term -O: Steven E. Morganstein, D.O. (Nameof ~ers~ncrEn~:~) '/ithin~¢¢enW (20) days afferse~ice ofthis subpoena, you are ordered bythe cou~to producethefollowing documentsorthings: Any and all medical records,.treatment records, correspondence, referrals, etc for Elaine M. Mohler (Social Securitv ~169-44-3434), Date-of-birth 07/13/1 from April, 1999 to present. 315 North Front Street, Harrlnb~rg, ~ ]7101 ...,,~h .... the certmca~e of comaliance,, ~o the par~ makmc_ this recues;, at :ne =~r.ss-4~ = listed above. You have seek in advance the reasonable cost of ~ =F'': ~ ' ' ~r~.~,,n= the copies or produc:na the things sought. :' you fail to Produce the documents '"' '=~" -'~ ~' ' ' ' =u ...... = w~thln ~¢em~/(20) days a~er its service, · _ ,~u~r=_~ythis- ~ 'ne ~arty ser,4nc this subpceaa may seek a cour~ order compelling you tQ comply wi~h it. THIS SUBPOENA WASISSUED AT THE REQUEST OF THE FOLLOWING PERSON: 'dame Brigid Q. Alford, Esquire Boswell, Tintner, Piccolo & Wickersham ~cdress: 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 -eieahone: (717) 236-9377 Suoreme CourtlD # 38590 Defendant Amanda Lee Miller BY THE COURT: Sea] of the Ccur~ Prothonotary/Clerk, Civil Division Deputy (Eft. 70: COMMONWEALTH OF PENNSYLV.~' ~,,'i~ · COUNTY OF CUMBERLAND ELAINE M. MOHLER, Plaintiff v. AMANDA LEE-MILLER, Defendant File No. .- : SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Civil Term Radiology Associates (Name of Person or ?./ithin ,%,¢enty (20) days after service of this sub2oena you are ordered by the court to produce the fcltcwin~ dccumen[s or thin_cs: Any and all medical records,, treatment records, correspondence, referrals, etc for Elaine M. Mohler (Social from April, 1999 to present. Security #169-44-3434), Date-of-birth 07/13/1 -21 315 North Front Street. Harri~b, rq, ~ 17101 '~bu may deliver or mai] legible copies cf the documents or produce thin_cs requested by this subpoena, tc~ether ..,,i~n the certificate of compliance, To the par~ makin_c this request at tree ad,cress listed a~cve. You have the ri_ch~ seek in advance the reasonable ccs~ cf preparin~ the copies or produc!n~ the things sou~cht. "you fait to produce the documents or things required by this subpoena within ~¢enty (20) days a~er its service, :ns part'/serving this subpoena may seek accur: order ccm,.pelling you to comply wi~h it. THIS SUBPOENA WASISSUED AT THE REQUEST OP THE FOLLOWING PERSON: ~iame Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham &ddress: 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 -eie2hone: (717) 236-9377 5uoreme Court ID# 38590 a U. crney For: Defendant Amanda Lee Miller BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eft, 7/97) · COMMONWEALTH OF PENNSYLV.A',~i4 COUNTY OF CUMSERLAND ELAINE M. MOHLER, Plaintiff' v. File No. A/~ANDA LEE. MILLER, Defendant : SUSPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 01-1711 Civil Term 70: Arlinqton Rehab & Sports Medicine (Name oJ ~erson or Enti,'7) ,'/ithin ,%'vent7 (20) days a~er sewice of this subooena you are ordered by the court to produce the fotlowing ~ocumen[s or things: Any and all medical records,, treatment records, correspondence, referrals, etc for Elaine M. Mohler (Social Securitv ~169-44-3434), Date-of-birth 07/13/1 from April, 1999 to present. 315 North Front Street, Harrimhu~g, ~ 17101 ,'.~u may deliver or mail legibJe c=pies of the,..,c ~ ..... ..... n,s' or ~,r,~uc_~ ~'~, = thincs~ re~u~s,_-¢ = '=~ =y' this subpoena, together ,,,qtn the certificate of compliance, ~o the par~ mak~nc this recuest at ' , . . =~r.s= listed above. You have the righ~ c~i~s or ~rod..,ng ~he things sought. seek in advance the resscnabte cost cf preparin~ the · _ ~hJ. subocena within ~venty (20) days a~er its service, you fait to produce ~he documents or rhinos required by' '-~ . _ ~,,~.~ subpceaa m-y seek a cour~ order ccm~e~{inc you to comply wi~h -HIS SUEPOENAWASISSUED ATTH5 REQUEST OF THE FOLLOWING PERSON: ~ame Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham Zd~ress: 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 ~e!eghone: (717) 236-9377 SuDremeCourttD# 38590 -.~,~r,,ey For: Defendant Amanda Lee Miller ~Y THE COU~T: Da~e: Seal of the Cour; Prcthcno(ary/Clerk, Civil Division DepuW (Eft, · COMMONWEALTH OF PENNSYLV,-'.h,'!4 COUNTY OF CUME-RLAND ELAINE M. MOHLER, Plaintiff~ v. Fiie No. AMANDA LEE. MILLER, Defendant SUBPOENA TO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 01-]711 Civil Term TO: Barry B. Moore, M.D. (Name of Person or 5nuty) ,/,,nm twenty (20) days a~er service of this subooena you are ordered by the court to produce the following documents or things: Any and all medical records,, treatment records, correspondence, referrals, etc for Elaine M. Mohler (Social Security ~169-44-3434), Date-of-birth 07/13/1 from April, 1999 to present. ' 315 North Front Street, Harr~b~rg, uA 17101 (Adcress) m_iI,e=,D,_..~l.softhedccumen:sorproducethincs - - -'=~bythissubpcena. tccether ..;i~n the certificate of compliance, to the par~ makinc this requesz at the address listed above. You have the dc_hr. seek in advance t,he reasonable 2cst cf preoarinc the =cpies or producing the things sought. f vcu. fail to .produce the documents or things r_.~u~r~--~- ' =,4 by this sub~oena within ~enty (20) days. a~er its service, ., =.2ar~/servinc ~h~s su...~.~=,' ~'""-~,= may seek ..... '~= cc ,m, pe!hng you to comply wkh" THIS SU~POENAWASISSUED AT THE REQUEST ©FTHE FOLLOWING PERSON: Name Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham ~d~ress: 315 North Front Street Post Office Box 74i Harrisburg, PA 17108-0741 (717) 236-9377 Court ID # 38590 Defendant Amanda Lee Miller BY THE COURT: Seal of the Court ,cthonot.Ary/CIerk, C~ fl Division DepuW (Eft. ,COMMONWEALTH OF PENNSYLV.-','qL*- COUNTY OF CUMBERLAND ELAINE M. MOHLER, Plain%iff . v. : File No. AMANDA LEE. MILLER, : Defendant : SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 01-1711 Civil Term Ed $. Violago, M.D. (Name of Person or Enti,'7) /Vithin ,'wenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records,, treatment records, correspondence, referrals, otc for Elaine M. Mohler (Social Security 9169-44-3434), Date-of-birth 07/13/19! from April, 1999 to present. 315 North Front Street, Har~i~b~rg, PA 17101 (Adcress) You may deliver ar moil legible copies of the documents or produce things requested by this subpoena, together ¢.,ith the certificate of compliance, to the party making this request at the address tisted above. You have the right ;c seek in advance the rec-sonabfe cost of preparing the copies ar producing the things sought. if you faii to produce the documents or things required by this subpoena within twenty (20) days a~er its service. :ne party serving this subpoena may seek a cour; order compeliing you to comply with it, THIS SUSPOENAWASISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Brigid Q. Alford, Esquire Boswell, Tintner, Piccolo & Wickersham Address: 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Telsphone: (717) 236-9377 5uDremeCourtlD# 38590 For: Defendant Amanda Lee Miller BY THE COURT: Seal of the Ccur; Prothonotary/Clerk, Civil Division Deputy (Eft. CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Miller's Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery by first-class United States mail upon the following parties at the Pursuant to Rule 4009.21 addresses set forth below: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Post Office Box 1177 Harrisburg, PA 17108-1177 Attorneys for Plaintiffs Date: By: CERTIFICATE OF SERVICE I do hereby certif~v that I have served a tree and co:rect copy of the foregoing Certificate Prerequisite to Service ora Subpoena on the following by first-class mail, postage prepaid and addressed as follows: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Post Office Box 1177 Harrisburg, PA 17108-1177 Attorneys for Plaintiffs Date: By: Brigi~t Q. Alford, E~uire Elaine M. Mohler, : .. Plaintiff : .. V. ; Amanda L. Miller, : : Defendant : IN THE COURT OF COMMON PLEAS Cumberland County, PENNSYLVANIA NO. 01-1711-Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the Docket in the above captioned matter as Settled, Discontinued and Satisfied. DATE: HANDLER, HENNING&ROSENBERG, LLP BY: David H)Rosenberg, Esq. 1300 L'~glestown Road Harrisburg, PA 17110 Tel. No.: 717-238-2000 Supreme Court ID No. 20569 Attorneys for Petitioner