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HomeMy WebLinkAbout04-5553IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER 616 SPRING LANE BOILING SPRINGS, PA 17007 Plaintiffs V. DANIEL BAIR 52 NORTH 18TH STREET HARRISBURG, PA 17103 Defendant NO.2004-' SS C-10*k- LIZZ-P, . JURY TRIAL DEMANDED PRAFCIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Trespass against the Defendant in the above case. _XX_ Writ of Summons shall be issued and forwarded to Sheriff. Leah B. Graff, Esquire Attorney ID No. 29176 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 / Attorney for the Plaintiff DATE: SUMMONS IN CIVIL ACTION TO: Daniel Bair, 52 North 18th Street, Harrisburg, PA 17103 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE ... a"«ES COMMENDED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil7ision DATE: P06-3, Q 66V (By '60'2'r Deputy rr?? z4l ?O 'Sun f w SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05553 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KESSLER HEIDI ET AL VS BAIR DANIEL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BAIR DANIEL but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On November 22nd , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 26.25 .00 63.25 11/22/2004 DALE E ANSTINE So ans s-: as Kline R.- pi6 S er' f of Cumberland County Sworn and subscribed to before me this day of A. D. -u,, Prothonotary in his bailiwick. He therefore 'In The Court of Common Plus of Cumberland. County, Pennsylvania Heidi Kessler et al vs. Daniel Bair No. 04-5553 civil November 4, 2004 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. s Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at 20 , at o'clock M. served the by handing to a and made known to Sworn and subscribed before me this day of , 20 copy of the original the contents thereof. So answers, Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin KESSLER HEIDI BAIR DANIEL Sheriff's Return vs No. 6910-T - - -2004 OTHER COUNTY NO. 04 5553 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:November 17, 2004 at 9:44AM served the within PRAECIPE FOR SUMMONS BAIR DANIEL upon by personally handing to LARRY BAIR - FATHER OF DEFENDANT 1 true attested copy(ies) of the original PRAECIPE FOR SUMMONS and making known to him/her the contents thereof at 52 N 18TH STREET APT B HARRISBURG, PA 17103-0000 Sworn and subscribed to before me this 18TH day of NOVEMBER, 2004 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 (9iftLE Of #4e rS4Pri'ff So Answers, ? ?* e;l*? Sheriff of Dauphin County Pa. ep ty Sheriff Sheriff's Costs:$26.25 PD 11/09/2004 RCPT NO 201363 KC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI KESSLER and NO.: 2004-5553 KEVIN KESSLER, Plaintiffs V. CIVIL ACTION-LAW DANIEL BAIR, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 i YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default udgment may be entered against you by the Court without further notice for any money claimed n 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA HEIDI KESSLER and NO.: 2004-5554 KEVIN KESSLER, Plaintiffs V. CIVIL ACTION-LAW DANIEL BAIR, Defendant JURY TRIAL DEMANDED AVISO PARA DEFENDER Conforme a PA RCP Num. 1018.1 1:.,."'1 1111 P USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensation reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. St USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI KESSLER, and KEVIN KESSLER, Plaintiffs V. DANIEL BAIR, Defendant NO. 2004-5553 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiffs, Heidi Kessler and Kevin Kessler, wife and husband, are adult I individuals residing at 616 Spring Lane, Boiling Springs, PA 17007. 2. The Defendant is an adult individual residing at 52 N. 18r" Street, Harrisburg, PA 117103. 3. On February 16, 2003, Plaintiff Heidi Kessler was the owner and operator of a 1997 Subaru Outback bearing PA registration plate ETH-1997. 4. On February 16, 2003, the Defendant was the owner and operator of a 1993 IChevrolet bearing PA registration plate EYM-8798. 5. On February 16, 2003, at approximately 7:40 a.m., Plaintiff was operating her (vehicle southbound on Route 15 near the Slate Hill Road exit in Lower Allen Township. 6. At that same time and place, Defendant was operating his vehicle southbound on Route 15 when he failed to stop or take other evasive action before striking the rear of Plaintiff's e, which resulted in injuries and damages to the Plaintiff. This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. COUNTI HEIDI KESSLER V. DANIEL BAIR 9. The allegations contained in paragraphs 1 through 8, inclusive, are incorporated as fully as though set forth at length. 10. The negligence of the Defendant consisted of the following: a. Failing to properly operate and control his motor vehicle; b. Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c. Operating his vehicle in careless disregard for the safety of others and the Plaintiff in particular in violation of 75 Pa.C.S.§3714; d. Operating his vehicle too fast for the conditions then and there existing, in violation of 75 Pa.C.S. §3361; e. Following too closely to Plaintiff's vehicle in violation ofPa.C.S.§3310; f. Failing to stop or take other evasive action before striking the rear of Plaintiff's vehicle; a,. .\I;_g. Failing to stop his vehicle within the assured clear distance ahead, in violation of 75 Pa.C.S.§3361; and I'll 11, h. Failing to exercise reasonable care to avoid striking Plaintiff's vehicle when the Defendant knew or should have known of the presence of Plaintiff s vehicle. 11. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including but not limited to cervical, thoracic, and lumbar strain/sprain; bilateral shoulder pain, rib pain, contusions, and a severe shock to her nerves and nervous system. 12. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered, and she will continue to incur medical expenses in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may er, a severe loss of her earnings and impairment of her earning capacity and the loss of )me and impairment of eaming capacity will, or may continue in the future. 14. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in future may undergo, great mental and physical pain and suffering, mental anguish and loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. '13.?bm: PL?V?na?i.v np P 1'. COUNT II KEVIN KESSLER V. DANIEL BAIR 15. The allegations contained in paragraphs 1 through 14, inclusive, are incorporated herein as fully as though set forth at length. 16. Solely as a result of the negligence of the Defendant, and the resulting injuries to his spouse, the Plaintiff, Kevin Kessler, has been deprived of the assistance, companionship and consortium of his wife, all of which has been to his great loss and detriment. Said losses will continue for an unknown time into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney I.D. #29176 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846-0606 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true P, A and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: /?? l% Date:,-?/,/ Heidi Kessler Kevin Kessler r% l-` J ?-• II !Y{ T Ti ail 5°° fl ' i:i-' ` ?`, W ? Z r? ?? c^ c? ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs, NO. 2004-5553 Civil Term V. DANIEL BAIR, Defendant JURY TRIAL DEMANDED TO THE PROTHONOTARY: PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of George H. Eager of Eager, Spinello, Quinn & Stengelas attorney of record on behalf of Defendant in the above captioned action. EAGER, SPINELLO, QUINN & STENGEL DATE: 6,) 1 a 'U BY George H ag squire Attorney or Defendant I. D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Leah B. Graff, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 EAGER, SPINELLO, QUINN & STENGEL DATE: °a?aal Ul BY: C George H. Eat r, Es re Attorney for Defen nt I. D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ..D '7 -Y'. .» _? A ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs, NO. 2004-5553 Civil Term V. DANIEL BAIR, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES THE DEFENDANT, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.-3. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 4. Admitted. 5-8. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNTI HEIDI KESSLER v. DANIEL BAIR 9. Paragraphs 1 through 8 of Defendant's Answer are incorporated herein by reference as though fully set forth. 10-14. Denied. After reasonable investigation, Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and the same are therefore denied, strict proof being demanded at trial. WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT II KEVIN KESSLER v. DANIEL BAIR 15. Paragraphs 1 through 14 of Defendant's Answer are incorporated herein by reference as though fully set forth. 16. Denied. After reasonable investigation, Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and the same are therefore denied, strict proof being demanded at trial. WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. NEW MATTER 17. Paragraphs 1 through 16 inclusive above are incorporated herein by reference and made a part hereof. 18. Plaintiff's recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby assert all of the rights and defenses available to him under the aforementioned act. 19. Plaintiff's claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 20. Plaintiffs' claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 21. Plaintiffs' claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. WHEREFORE, Answering Defendant respectfully demands judgment in his favor and against all other parties together with the costs of this action. EAGER, SPINELLO, QUINN & STENGEL DATE: d 4-2-6- U(. BY: George H. Eage Attorney for Defe ai I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, George H. Eager, hereby verify that the Defendant Daniel Bair is outside the jurisdiction of the Court and that his Verification cannot be obtained within the time allowed for filing a responsive pleading. I am making this Verification as a person having sufficient knowledge or information and belief to deny the matters as set forth in the Complaint upon my knowledge as discerned from the Police Report. I understand that false statements contained in my Answer are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. BY: George H. Ea Esquire Docket No.: Z.ooq- 5553CwilTcvw, CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Leah B. Graff, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 EAGER, SPINELLO, QUINN & STENGEL DATE: bq--n-NI BY: z2 C George H. Eae er, Esq ire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs, NO. 2004-5553 Civil Term V. DANIEL BAIR, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Leah B. Graff, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 EAGER, SPINELLO, QUINN & STENGEL DATE: O?- e -C t n BY George H. Eag , Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs, NO. 2004-5553 Civil Term V, DANIEL BAIR, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Leah B. Graff, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 EAGER, SPINELLO, QUINN & STENGEL DATE:_L,:?J- Z(-(( BY: Ge ge H; Eag squire A rney for ndant VI.D. No. 277 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05553 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KESSLER HEIDI ET AL VS BAIR DANI R. Thomas K1 , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BAIR DANIEL but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 17th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co unty 29.25 Postage .78 67.03 02/17/2006 DALE ANSTINE in his bailiwick. He therefore So answers- _== R.'Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this „?Y day of .7.s8? :',' oyte A.D. Pro otary In The Court of Common Pleas of Cumberland County, Pennsylvania Heidi Kessler vs. Daniel Bair No. 04-5553 civil Now, Febr lary 3, 2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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, 20_, at within upon at by handing to a and made known to So answers, Sheriff of COSTS Sworn and subscribed before SERVICE $ me this - day of 20 MILEAGE AFFIDAVIT o'clock M. served the copy of the original the contents thereof. County, PA (pf flce of th.e Sheriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin KESSLER HEIDI ET AL vs BAIR DANIEL Sheriff's Return No. 0212-T - - -2006 OTHER COUNTY NO. NO 2004-5553 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BAIR DANIEL the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, February 14, 2006 PER NEW TENANT OF FOUR MONTHS DEFT NO LONGER LIVES AT THIS ADDRESS. Sworn and subscribed to before me this 14TH day of FEBRUARY, 2006 ,If A--11 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, °1c- Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's COSts:$29.25 PD 02/07/2006 RCPT NO 214560 A . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs, DANIEL BAIR, V. Defendant NO. 2004-5553 Civil Term JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Daniel Bair certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. EAGER, SPINELLO, QUINN & STENGEL Dated: c I ou lou BY: George/H. er, Esquire Attorney f efendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs, V. DANIEL BAIR, Defendant NO. 2004-5553 Civil Term JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT DANIEL BAIR intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. DATE: W-) 6 GEORGE H. EAAR, ESQUIRE ATTORNEY F DEFENDANT I.D. NO. 27 1347 FRUI ILLE PIKE LANCASTER, PA 17601 (717) 290-7971 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEIDI KESSLER and KEVIN KESSLER, Plaintiffs vs. DANIEL BAIR, Defendant File No. 2004-5553 Civil Term JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To.. Erie Insurance Group, 4901 Louise Drive, Rossmoyne Business Center, P.O. Box 2013, Mechanicsburg (Name of Person or Entity) PA 17055-0710 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: first party record on Heidi Kessler, Erie Claim No. 010170664853; Claim No. 2003012415 at 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) You may deliver or mail legible copies of the documents or produce things requested b\ this subpoena, together with the certificate of corTpliance, 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 twent•t (20) days after its service, the party serving this subpoena may seek a court order caripe l l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME.George H. Eager Esquire; Eager, Spinello, Quinn & Stengel ADDRESS: 1347 Fruitville Pike Lan aGtPrpA 17fin1 TELEPHONES (717) 290-7971 SUPREME COURT ID # 27740 ------------ ATTORNEY FOR: Defendant Daniel Bair DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Notice of Intent to Serve Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Leah B. Graff, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 DATE: G -? U ?0 EAGER, SPINELLO, QUINN & STENGEL BY: George H. E , Esquire Attorney for fendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Leah B. Graff, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 DATE: EAGER, SPINELLO, QUINN & STENGEL BY: George H. E er, Es re 19 Attorney for Defend t I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 r-, _- ; -, ._ -? ? ?.? ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs, NO. 2004-5553 Civil Term V. DANIEL BAIR, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Daniel Bair certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. EAGER, SPINELLO, QUINN & STENGEL Dated: BY: ?;) Esquire Georg H. E Vfendant Attorney for I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs, V. DANIEL BAIR, Defendant NO. 2004-5553 Civil Term JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT DANIEL BAIR intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. DATE: 0'b - C;'-? ) GEORGE . E R, ESQUIRE ATTORNEY R DEFENDANT I.D. NO. 27740 1347 FRUITVILLE PIKE LANCASTER, PA 17601 (717) 290-7971 COMMONWEALTII OF PENNSYLVANIA COUNTY OF C'U11IBERLANI) -? HEIDI KESSLER AND KEVIN KESSLER, Plaintiffs .. VS. DANIEL BAIR, Defendant File No. 2004_5?5?.ivi1 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOC'UMENT'S OR jMPGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Allstate Insurance Company, 6345 Flank Drive, Harrisburg, PA 17112 To: Within twenty (20) days after service of this subpoena, you. are. ordered by the court to produce,the following documents or things- third party- recordon Kevin and Heidi Kessler (Date of Loss: 04-02-03) ._p_o_l_jQy ng, 0082752$ at 1347 Fruitville Pike, Lancaster, PA 17601.--??? (Address) --..___ ._.... _______ _.._...._.....?,..?.__ You may deliver or mail legible copies of the documents or produce think 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 Wseek in advance the reasonable ct?st of . preparing the copies or producing the things sought. If you fail to produce'the documents or things required by this subpoena within Ewcui . 1 (20) days, after its service, the party: serving this subpoena may seek a court order; in War you to comply with it. 1HIS SU.BPOE A WAS ISSUED-AT THE REQUEST OF THE' FC)LLOW1NU PERSON, NAl George H.. Eager, Esquire; Eager, Spinello, Quinn & Stengel .ADD,W, - 1347 Fruitville Pike--?- - - Lancaster, PA 17601 -- l'ELEPIiON• SI<jY' ."M s' COURT- I OD- # _ ?27 7 4 0 AVTOWN EY FOR; Defendant Daniel Bair BY THE COLTRT-, Prothonotar_ v1Clerk, Civil Di-?.? 4on PAM. Sea of. the Court Deputy CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Notice of Intent to Serve Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Leah B. Graff, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 DATE:, EAGER, SPINELLO, QUINN & STENGEL BY: George H. e , Esquire Attorney fo endant I.D. No. 27 40 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Leah B. Graff, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 DATE: EAGER, SPINELLO, QUINN & STENGEL BY: George H. age squire Attorney for D ndant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ( N AY 4 ?? Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW l HEIDI KESSLER and ii KEVIN KESSLER, 5553 CIVIL TERM NO 2004 Plaintiffs - . V. DANIEL BAIR, JURY TRIAL DEMANDED Defendant i! ?I HEIDI KESSLER, Plaintiff NO. 2004-5554 CIVIL TERM V. , WINIFRED M. SMITH, JURY TRIAL DEMANDED Defendant PLAINTIFF'S MOTION TO COORDINATE ACTIONS PURSUANT TO PaR.C.P.213.1 DAI-M E, 1. Plaintiff, Heidi Kessler was involved in two separate motor vehicle accidents. The first accident occurred on February 16, 2003, and forms the basis of the first captioned action. The second occurred on April 2, 2003 and forms the basis of the second captioned action. 2. In both actions, Plaintiff alleges injuries to her neck, back, and shoulder were caused by the first accident, and that the second motor vehicle accident aggravated her injuries and has prolonged her recovery. 3. The Defendant in the second action, Defendant Smith, had an IME conducted by Michael Mitrick, D.O. Dr. Mitrick concluded that the Plaintiff sustained shoulder, neck and j i back injuries in the first accident, but that the second accident aggravated her symptoms. His report is attached as Exhibit "A". 4. Negligence, while not admitted, is clear in both cases. The first accident involved I Plaintiff being rear ended and the second accident involved the Defendant running a red light. 5. Pennsylvania Rule of Civil Procedure 213 provides that actions may be coordinated so that they might be tried together so as to avoid duplication of trials involving the common issue of Plaintiff's injuries and damages. 6. These two cases clearly combine a common question of fact or law in that the predominant issue at trial would be which accident, if either, or both, caused Plaintiff's injuries. In the York County case of Scoggins v. Hardy. 10 D. &C. 4th 64 (York Co. 1991), plaintiff was j injured in two rear-end collisions two months apart and alleged that her treating physicians were unable to determine what parts of her injuries were attributable to which accident. The Court ? ordered the cases consolidated so that the plaintiff could be fully compensated for her injuries, but not able to recover twice for the same injury, and so that she would not be required to present and pay fees for her medical testimony more than once. 7. Similarly here, coordination of the two cases for trial will enable the Plaintiff to be fully compensated for her injuries and damages, but will prevent the Plaintiff from potentially recovering twice for the same injury in separate trials. It will also allow the Plaintiff to pay the costs for expenses at trial only once, particularly medical expert witness fees. 2 8. There will be no unreasonable delay or expense to any party. Coordination will j allow efficient utilization of judicial facilities and personnel in that it will obviate the need for two separate trials. Coordination will prevent the disadvantage of potentially duplicative and/or inconsistent rulings, and will also prevent the possibility of inconsistent jury verdicts. Lastly, it is submitted that the potential for settlement of both cases is increased if the cases are coordinated and all issues at trial, including the possibility of settlement, are heard before a single trial judge. WHEREFORE, Plaintiffs respectively request that this Honorable Court enter an Order coordinating the actions currently pending at Docket No. 2004-5553 and Docket No. 2004-5554 pursuant to Pa.R.C.P.213. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. V?? 4?' Leah B. Graff, Esquire Attorney ID No. 29176 2 West Market Street Post Office Box 952 York, PA 17405 (717) 846 - 0606 DA L, k! E, A X;?V t NE, 3 F.achiblt A t 10mitrick pollaek "utter orthopaedics, LLP ORTHOPAEDICS & REHABILITATIVE MEDICINE YORK INTERVENTIONAL SPINE CENTER February 7, 2007 Jenni Henley Allen, Esquire Nealon, Gover, and Perry, P.C. RE: Heidi Kessler DOB: 06/16/1972 Dear Attorney Allen: Michael F. Mitricc, D.O. Lawrence S. Pollack, 0.0. Chad M. Rutter, D.Q. James J. Gilhool, D.O. pro&r John D. Jamison, PA-C 1750 fifth Avenue Suits 201 York, PennsyWnla 17403 (7M 848.2297 K+?x (717) 846.2941 On February 7, 2007, 1 saw Heidi Kessler in our office for the purposes of an Independent Medical Evaluation, per your request. She was seen between the hours of 5:00 - 5:45 p.m. In attendance at all times was my office nurse, Margaret. In addition to your brief introductory letter, I did have medical records present. These included: 1. Washington Heights Medical Practice. 2. Pinnacle Health Physical Therapy. 3. Magnetic Imaging Center. 4. CD of various x-rays as well as a CAT scan and bone scan. Heidi Kessler is currently 34 years of age. She is 57" and admits to weighing 150 pounds. She is employed as a multimedia designer. She works independently. Currently, she works approximately 10-20 hours per week on average. She lives in Boiling Springs. She is married and has two children ages 4 and 1. She socially drinks but does not smoke. She states that she is ambidextrous. She has never been seen in our office. ALLERGIES: Iodine and IVP dye. MEDICATIONS: 1. Multiple vitamin. 2. Ponstel for very heavy vaginal bleeding on an as-needed basis. 3. Wellbutrin. 4. Lexapro. PAST SURGICAL HISTORY: Positive for exploratory laparoscopy, biopsy, and hernia repair. PAST MEDICAL HISTORY: Medical problems include depression and a diagnosis of a lymphoma type 11 diagnosed in 200 EXHIBIT A RE: Heidi Kessler February 7, 2007 Page 2 FAMILY HISTORY: Positive for heart disease and cancer. Her chief complaints currently are neck pain as well as low back pain. She also has some pain near the right shoulder blade. She attributes these to a motor vehicle accident of April 2, 2003. Her history is significant in that she was involved in a motor vehicle accident on February 16, 2003. The conditions were snowy. She saw a car behind her going unusually fast for the conditions. She moved out of the lane to try to avoid having the person hit her. Unfortunately, the car swerved into her, and the front of that car struck her directly in the back of her car. This pushed her into a concrete embankment. The other car apparently spun around and struck her at least 1 or 2 more times. Following that accident, her husband came to the scene and subsequently took her to the hospital where she was seen, treated, and released. Following that, arrangements were made for physical therapy, but she was unable to attend that due to the fact that she was eventually involved in a second accident. She did have a cortisone shot in the area of her right shoulder on the medical aspect of the actual shoulder blade. She had shoulder and neck complaints at that time. The second accident occurred on April 2, 2003. It was in the same car that she had been in the first motor vehicle accident on February 16, 2003. She had just gotten the car back from the repair shop the day before. She told me that she was proceeding through an intersection. The light had turned green. The people had already gone through on the left turn. She then proceeded through the intersection. As she did so, another car came through the intersection and basically °T-boned" her. The car struck her on the passenger's side. She was the restrained driver of that vehicle. She was taken to the hospital by ambulance where she was seen, treated, and released. She told me that she estimated the speed of that vehicle to be approximately 40 mph or possibly even more. She told me that it was an elderly lady who had driven that car who Has since died. Following that accident, she complained of neck pain, right shoulder blade pain, low back pain, and rib pain. Her current complaints now include neck, low back, and infrequently the right shoulder blade. She told me that any increase in activity caused her to have increasing pain. She told me that prior to the accidents, she had been able to kayak. She is unable to do that now because of pain. Since the accident, she did go through physical therapy. She currently is taking no pain medication. I did review her records. Some of the reports were from Dr. Conroy's office at Washington Heights Medical Practice. At that time, she was being worked up for her lymphoma. She did have a CAT scan of her thorax, abdomen, and pelvis, which showed no evidence of any right lower quadrant mass or significant abnormality. She was complaining of extreme fatigue at that time and barely could sit up for one hour. She had right-sided pain, and she had complaints of an elevated temperature. There were records from Holy Spirit Hospital. At that time, she was seen on February 16, 2003, which was the first motor vehicle accident. She had x-rays of the cervical spine and left shoulder. The x-rays were basically normal. RE: Heidi Kessler February 7, 2007 Page 3 She was seen on February 20, 2003 at Dr. Conroy's office and basically was diagnosed as having postpartum depression. She could not relax. She was prescribed Paxil. On March 3, 2003, she was again seen by Dr. Conroy. She was complaining of pain along her cervical, thoracic, and lumbar spine as well as her left shoulder. She complained of anxiety and nightmares associated with the accident. She also complained of a contusion to the right shoulder and her ribs, primarily on the right. She was taking Motrin and doing stretching exercises. She was seen again on March 18, 2003. - Her cervical spine was in spasm. She had difficulty with side bends both to the right and left. She had trigger point areas of the right parascapular region that were exquisitely tender. She had tender bilateral sacroiliac joints and spasm in the bilateral lumbar region. She was given an injection in the area of the parascapular region. On March 17, 2003, there was an MRI of the cervical spine. The report stated that there was a disc bulge at C5-6. It stated that it was small. It did indent the ventral thecal sac and slightly flattened the cord. It was felt the cord was still normal. There was also a mild reversal of the cervical lordosis at C34-5. The vertebral bodies maintained their height and showed a normal signal. The second motor vehicle accident occurred on April 2, 2003. She was seen by Dr. Conroy on April 4, 2003. She complained of tightness in her chest. The lungs felt hot when she took a deep breath, and she had an inability to take a deep breath. She also complained of cold/flu- like symptoms. She saw Dr. Conroy again on April 16, 2003, two weeks after the accident. She complained of severe neck pain, bank pain, rib pain, as well as multiple contusions. She again had nightmares about the accident. It was felt that she had an acute cervicothoracic strain with bilateral rib contusions. She was taking Ibuprofen. She did go to physical therapy. She had tenderness to palpation in the cervical and thoracic paravertebral muscles. She was seen again on May 19, 2003 by Dr. Pauline Kostelac, D.O., at Washington Heights Medical Practice. At that time, she was having exquisite tenderness in the area of C3 and down. They put the physical therapy on hold as some of the spasms occurred while the patient was using electrical stimulation. On May 28, 2003, she saw Dr. Conroy again, and the patient said that she had stopped therapy because it aggravated her neck and shoulders too much. On June 11, 2003, there were x-rays obtained of the thoracic spine, which showed multilevel degenerative changes within the thoracic spine. A right-sided rib study was performed and was normal. A left-sided rib study was performed and was also normal. On June 16, 2003, there was an x-ray of the cervical spine performed, five-view. There was a left shoulder with three views. The study was normal. There was no evidence of fracture or dislocation of the cervical spine or left shoulder. RE: Heidi Kessler February 7, 2007 Page 4 She continued to see Dr. Conroy in August, September, and October 2003. Therapy took place during that time. She was sleeping better and had improved motion in her neck and low back. She was discharged from physical therapy on October 29, 2003. She saw Dr. Conroy on November 20, 2003. Dr. Conroy noted that she had been doing her exercises, and she was complaining of lower cervical and right-sided T1-2 pain if she overdid it. There was also right parathoracic region of spasm along the entire spine at the right supraspinatus tendon as well as the right supraspinatus tendon of the right shoulder. She saw Dr. Conroy again on July 16, 2004. She stated that there was significant improvement in her neck and back pain. It was usually located in the lower cervical spine and upper thoracic area. On May 3, 2005, she was seen by Dr. Conroy and requested an antidepressant because of postpartum depression concern. On May 1, 2006, she was having a difficult time with depression because of the motor vehicle accident as well as the death of her grandparents. On August 18, 2006, she complained of pain. She stated that during labor, she either broke or shifted her sacrum. She had episodes of severe burning pain in her coccyx region. On September 21, 2006, she saw Dr. Conroy and stated that she threw her back out while lifting her son and requested a muscle relaxant. I did personally review several of the x-rays on the CD. I saw x-rays of the shoulder and the cervical spine as well as the ribs. They were basically normal. I did not see the MRI, which was not included on the CD. Also included were the CAT scans, which were basically normal. PHYSICAL EXAMINATION: Prior to starting the exam, I told that her that I did not wish to cause her pain. If she had any discomfort, she was to immediately let me know. She was examined with my office nurse, Margaret, present. We started the exam by having her walk. She had a normal gait. She was able to easily toe and heel walk. Viewed from behind, her shoulder and iliac crest heights were equal. There was no scoliosis. Viewed from the side, her cervical, thoracic, and lumbar curves were normal. i palpated her entire spine from her occiput down to the sacrum. There was no muscle spasm. She complained of tenderness about C7-T1 in the cervical spine. She complained of tenderness over both sacroiliac joints. Her range of motion was incredible. She extended at least 30-40 degrees. She laterally flexed to at least 35 degrees on each side. She was able to bend forward and easily put her palms on the floor and almost her elbows with her legs held in an extended position. Pelvic rotation to each side did not cause her to complain of any pain. I next had her sit. She had normal patellar and Achilles reflexes. She had normal EHL strength bilaterally. She had no sensory changes, and she had normal pulses. RE: Heidi Kessler February 7, 2007 Page 5 next had her lie supine. She had a negative straight leg raise. She had a negative FABER's test. She had incredible hip motion bilaterally. She had full range of motion of both knees. Both knees were stable. n the seated position, I checked her neck and upper extremities. She was able to touch her chin to her chest and extend to almost 60 degrees. She laterally rotated to almost 85 degrees on each side. She laterally flexed to at least 45 degrees. Once again, she complained of some tenderness at the C7-T1 area. She had full range of motion of shoulders as well as elbows, wrists, fingers, and thumbs bilaterally. She had normal biceps, triceps, and brachioradialis reflexes. She had normal pulses and normal sensation. She had excellent biceps and triceps strength as well as excellent abduction strength of the shoulders. Grip strengths were performed. On the right, she had grip strength of 80 and 75 pounds of force; on the left side, she had 90 and 85pounds of force. As far as the shoulders were concerned, she really did not have any shoulder complaints other than some tenderness along the medial border of the right scapula in the superior region. She had absolutely no true shoulder complaints as far as the glenohumeral joint or rotator cuff were concerned. This basically completed the exam. At no time during the exam did I feel that she was attempting to deceive me. IMPRESSIONS: 1. Heidi Kessler is a 34-year-old Caucasian female who has complaints of neck pain as well as pain in the area of the low back. Specifically, she complained of tenderness in the lower portion of the cervical spine and in both sacroiliac joints. 2. She was involved in two motor vehicle accidents. The first was on February 16, 2003, and the second was on April 2, 2003. In the first accident, she was rear ended and pushed into a concrete embankment. The car that hit her then spun around and hit her a few more times. In the second accident on April 2, 2003, she was T-boned on the passenger side and was taken to the hospital by ambulance. In both cases, she was seen, treated, and released. 3. Following her first accident, she had neck pain and left shoulder pain. She also had thoracic pain, anxiety, and nightmares. She had a contusion to the right shoulder as well as the ribs. She received a trigger point injection in the area of the medial aspect of the right shoulder blade. Just days before the accident of April 2, 2003, she had an MRI of the cervical spine, which showed a central disc bulge at C5-6. There was a reversal of the normal cervical lordosis. Following the second accident, she again complained of some rib pain and did have x-rays of the ribs, which were normal. She had x-rays of the thoracic spine, which did show some degenerative changes at multiple levels. These were done on June 11, 2003 and clearly predated the events of April 2, 2003. 4. The patient suffers from depression. She told me that family members were killed in Western Pennsylvania within the last couple years. They were killed in a car accident. Both grandparents also died as well as some other relatives. She has had postpartum depression. She also has been diagnosed as having a lymphoma type 11 in 2000. RE: Heidi Kessler February 7, 2007 Page 6 5. On the physical exam, I felt that she was pleasant and cooperative. I did not feel that she was attempting to deceive me. She complained of some tenderness in the lower cervical spine as well as some tenderness over her sacroiliac joints. Other than that, she had a completely normal neurologic exam. She had excellent motion. She is on a home exercise program. She takes nothing for pain. n your letter, you asked me several questions. The first question was in regards to what injuries I believe she may have sustained as a result of the second motor vehicle accident on April 2, 2003. Obviously, this history is a little confusing in the fact that she did have the previous motor vehicle accident of February 16, 2003. Her complaints following that accident were extremely similar to the complaints following the second motor vehicle accident. An MRI of her cervical spine done just days before the second motor vehicle accident revealed a small disc bulge at C5-6 as well as a reversal of the cervical lordosis at C3-4-5. She complained of shoulder pain, neck pain, low back pain, as well as rib pain prior to the second accident on April 2, 2003. My impression is that she may well have sustained a cervical as well as lumbar strain as well as contusion to the ribs following the second accident. This may well have been an aggravation to the injuries she sustained from the previous accident of February 16, 2003. Clearly, the second accident did not cause the changes in her cervical discs and cervical spine, which were seen on the MRI performed just days before the second motor vehicle accident. Clearly, the right shoulder blade discomfort that she currently complains about had existed prior to the motor vehicle accident of April 2, 2003. Clearly, she had neck pain as well as low back pain prior to the motor vehicle accident of April 2, 2003. 1 do have to wonder whether or not she would have her current complaints if she had ever even been involved in the second motor vehicle accident on April 2, 2003. The second question was in regards to her medical treatment and whether it has been reasonable and necessary. Certainly, I believe her treatment has been reasonable. She received physical therapy as well as some treatments from her physicians. She has been placed on a home exercise program and remarkably has been doing that as instructed. The third question was regarding her prognosis and any limitations. I believe her prognosis should be good. I see nothing that would require surgery. I am uncertain as to why she is still complaining of discomfort. Certainly, the degenerative changes in her neck could be the reason she still complains of cervical pain. As far as limitations are concerned, she told me that she has not been able to kayak. She told me that she has difficulty sitting for long periods of time. I believe she is capable of working. Obviously, if prolonged sitting bothers her, she would have to be allowed to get up and move about on occasion. I do not believe that she needs any type of weight restriction. The above recommendations are made in light of what she had actually told me about the prolonged sitting bothering her. , M . S RE: Heidi Kessler February 7, 2007 Page 7 "These opinions were rendered within a reasonable degree of medical certainty. If you are in need of any further information, please do not hesitate to contact me. erely, XCI F. Ptr D. 0. M FM/tc T: 02/10/2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs NO. 2004-5553 CIVIL TERM I? DANIEL BAIR, JURY TRIAL DEMANDED Defendant HEIDI KESSLER, Plaintiff NO. 2004-5554 CIVIL TERM V. . I WINIFRED M. SMITH, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE AND NOW, this day of % 2007, I, Leah B. Graff, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of the within and foregoing document by first class United States mail, postage pre-paid, addressed to the party or attorney of record as follows: Jenni Henley Allen, Esquire Nealon, Gover, and Perry, P.C. 2411 N. Front Street Harrisburg, PA 17110 George H. Eager, Esquire Eager, Spinello, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 17601 RESPECTFULLY SUBMITTED: LAW OFFICE OF DALE E. ANSTINE, P.C. xe__? e?e - Leah B. Graff, Esquire Attorney for Plaintiffs { ? ,4 3 .. .., ? . 5 e.......} ?"?.. ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs, NO. 2004-5553 Civil Term V. DANIEL BAIR, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Daniel Bair certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. EAGER, SPINELLO, QUINN & STENGEL Dated:' BY: George H. Eai& uire Attorney for De ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs, NO. 2004-5553 Civil Term V. DANIEL BAIR, Defendant JURY TRIAL DEMANDED 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 identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. DATE: BY: EAGER, SPINELLO, QUINN & STENGEL Georg H. er, Esquire Attorney f fendant I.D. No. 2 740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUAI WRLAND DUCES TECUM HEIDI KESSLER AND KEVIN KESSLER, Plaintiffs , File No. 2004-5553 Civil Term VS. DANIEL BAIR, JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Radiology Department, Holy Spirit Hospital. 503 North 21st (Name of Pen = or Entity) St . , Camp Hill, PA 17011-2288 Witbin twenty (20) drys aft= servix of this subpoena, you are oadared by the court to produce the following documents or things: Copies of diagnostic films and re;arts for hP fnllnwinq dates: 06/11/03 concerning Plaintiff Heidi Kessler, DOB: 06/16/72; SSN: 063-62-3375. at 1347 Fruitville Pike (Address) You may deliver or mail le Ile copies of the documents or produce things roquesW by this m igoam,, togedw with the cmt5cm of eomplimxv, to the party malting thin request at the address listed above. You have the right to seep in advance the reasonable cost of preparing the copies or produamg the If you fail to produce the docom=ts or thuvgs rognlred by this S i"m within twenty (20) days after its service, the party smTingg this subpoena may seek a court orckx compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, •aQ uire ADDRESS: 1347 Fruitville Pike Lancaster. PA 17601 TELEPHONE: '7 1 :Z - 2 3 () _79 :Z 1 SUPREME COURT ID# 2 7 7 4 0 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary, Civil Division Date: .Seal of the Court COMMONWEALTH OF PENNSYLVANIA coxmY.OF C[JbPE U AND DICES TECUM HEIDI KESSLER AND KEVIN KESSLER, Plaintiffs FgeNo. 2004-5553 Civil Term VS. DANIEL BAIR, JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center.. 4665 Trincile Rnael f MAnhAnir.ghbrg, PA (Name of Perms or Fxity) 17 0 5 0 Within twaotp (20) days afar service of this subpoena, you are ordered by the court to produce the £Dllowing documents or thugs: Copies of diagnostic films and retorts for thA fallowing r3ates: March 27, 2003 concerning Plaintiff Heidi we-caler ir,08406/16/72? (SSN: 063-62-3375)t at 1347 Fruitville Pike (Address) You may deliver or mail legible copies of the documents or produce things requetted by this subpoena, together with the cue of compliance, to the party maldng this request at the addraw listed above. You have the right to seek is advance the reamooable cost of preparing the copies or paw the t*p sought If you foil to produce the documents or things required by this m bpoem within twenty (20) days after iia service, the party serving this subpoena may seek a court order compelling you to comply with k THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: . NAME: George H. Eager, EsQUire ADDRESS: 1347 Fruitville Pike Lancaster_ PA 179(11 TELEPHONE: 71 7-79()-7971 SLTPRffi?COURTM# 27740 ATTORNEYFOR: Defendant BY THE COURT: Prothonotary, Civil Division Date: 'Seal of the Court DvwW COMMONWEALTH OF PENNSYLVANIA COUN1Y.0F CU3mERLAAID DUCES TECUM HEIDI KESSLER AND KEVIN KESSLER, Plaintiffs F&No. 2004-5553 Civil Term VS. DANIEL BAIR, JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Radiology Department Carlig1a Raginnal Medical ?.e"tbr 246 (NnwofPemmcrBntty) Parker-.St:", Carlisle, fA 17013 Within twemly (20) days dider service of this subpoena, you are ordered by the coast to produce the f Blowing documents or tugs: Copies of diagnostic films and repgrtc for the following dates: April 2, 2003 for the7Plaintiff, Heidi ltecaler (nog, 6/16/72) (SSN: 063-62-3375). at 1347Fruitville Pike (Address) You may deliver or mail legible copies of do docameots or produce things requested by this subpoena, together with the arti5catc of cormpbamoe, to the party making this regaast at to afters listed above. Yon have the right to sees: m advance the reasomable cost of prepmag the copies or pmdudng the ftW waght If you fail to produce the dmmmmta or things required by this subpoena within twenty (20) days filer its smvm;,- the party serving this subpoena may seek a oomt order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME. George H. Eager. Eggpire ADDRESS: 1347 Fruitville Pike Lancaster- RA 17AM TELEPHONE' '717-?9()-7971 SUPREMBCOURT ID # 27740 ATTORNEY FOR:- Defendant BY THE COURT: Prothoaotary, Civil Division Date. .Seal of the Court • ,r CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Notice of Intent to Serve A Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Leah B. Graff, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 EAGER, SPINELLO, QUINN & STENGEL DATE: G S b' C'-7 BY: George I.D. No.'2774¢'/ 1347 FruitvillLVPike Lancaster, PA 17601 (717) 290-7971 ` . . DALE E. ANSTINE DAVID M. POLLICK GREGORY E. MARTIN JOHN M. SOFILKA LEAH B. GRAFF WAYNE C. PARSIL THOMAS P. LANG AMBER A. ROGERS LAW OFFICES OF DALz E. AwsTINim. P.C. TWO WEST MARKET STREET POST OFFICE BOX 932 YORK, PENNSYLVANIA 17405 (717) 846-0606 FAX (717) 845-7431 August 30, 2007 George Ii. Eager, Esquire Eager, Spinello, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 17601 RE: Heidi Kessler, et al. v. Daniel Bair No. 2004-5553 Heidi Kessler, et al. v. Winifred M. Smith No. 2004-5554 Dear George: PRACTICE LIMITED TO: PERSONAL INJURY WRONGFUL DEATH OFFICES ALSO IN: LANCASTER & GETTYSBURG I received your letter of August 24, 2007. I will waive the 20 day notice regarding the subpoenas; however, I am still awaiting your response regarding consolidating the above-captioned cases in Cumberland County. Please respond as soon as possible. Thank you for your kind courtesy and cooperation. Very truly yours, Leah B. Graff LBG:lg a ,? CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Leah B. Graff, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 EAGER, SPINELLO, QUINN & STENGEL DATE: ©q 64 d BY: I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ger, uire George Attorney H. for Def dant Y ??• ? ` ?'1 4rl [Tl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs V. DANIEL BAIR, Defendant NO. 2004-5553 CIVIL TERM v JURY TRIAL DEMANDED HEIDI KESSLER, Plaintiff : V. WINIFRED M. SMITH, Defendant NO. 2004-5554 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' AMENDED MOTION TO COORDINATE ACTIONS PURSUANT TO PaR.C.P.213.1 1. Plaintiff, Heidi Kessler was involved in two separate motor vehicle accidents. The first accident occurred on February 16, 2003, and forms the basis of the first captioned action. The second occurred on April 2, 2003 and forms the basis of the second captioned action. 2. In both actions, Plaintiff alleges injuries to her neck, back, and shoulder were caused ?„w oFF,?E= of DALE E. AN6T[N?. P. C. POST 011- - 952 Ynxr, Pexxsrivwx.w .?qoa by the first accident, and that the second motor vehicle accident aggravated her injuries and has prolonged her recovery. 3. The Defendant in the second action, Defendant Smith, had an IME conducted by Michael Mitrick, D.O. Dr. Mitrick concluded that the Plaintiff sustained shoulder, neck and back injuries in the first accident, but that the second accident aggravated her symptoms. His report is attached as Exhibit "A". 4. Negligence, while not admitted, is clear in both cases. The first accident involved Plaintiff being rear ended and the second accident involved the Defendant running a red light. 5. Pennsylvania Rule of Civil Procedure 213 provides that actions may be coordinated so that they might be tried together so as to avoid duplication of trials involving the common issue of Plaintiff's injuries and damages. 6. These two cases clearly combine a common question of fact or law in that the predominant issue at trial would be which accident, if either, or both, caused Plaintiff's injuries. In the York County case of Scoggins v. Hardy, 10 D. &C. 4th 64 (York Co. 1991 plaintiff was injured in two rear-end collisions two months apart and alleged that her treating physicians were unable to determine what parts of her injuries were attributable to which accident. The Court ordered the cases consolidated so that the plaintiff could be fully compensated for her injuries, but not able to recover twice for the same injury, and so that she would not be required to present and pay fees for her medical testimony more than once. 7. Similarly here, coordination of the two cases for trial will enable the Plaintiff to be fully compensated for her injuries and damages, but will prevent the Plaintiff from potentially recovering twice for the same injury in separate trials. It will also allow the Plaintiff to pay the costs for expenses at trial only once, particularly medical expert witness fees. 8. There will be no unreasonable delay or expense to any party. Coordination will L.w OFFICES OF DALH E. AN9TINZ. P. C. 1-1 FFI- Y aa, Paxxsvv IA I-. allow efficient utilization of judicial facilities and personnel in that it will obviate the need for two separate trials. Coordination will prevent the disadvantage of potentially duplicative and/or inconsistent rulings, and will also prevent the possibility of inconsistent jury verdicts. Lastly, it is submitted that the potential for settlement of both cases is increased if the cases are coordinated and all issues at trial, including the possibility of settlement, are heard before a single trial judge. 9. Plaintiff represents that a Judge has not ruled upon any other issue in this matter or any related matter. 10. Plaintiff has sought the concurrence of opposing counsel of record. Defense counsel in Civil Action No. 2004-5554 Civil Term, Heidi Kessler v. Winifred M. Smith, concurs in Plaintiffs' request for motion to coordinate actions. Defense counsel in No. 2004-5553 Civil Term, Heidi Kessler v. Daniel Bair has failed to respond to Plaintiffs' request. WHEREFORE, Plaintiffs respectively request that this Honorable Court enter an Order coordinating the actions currently pending at Docket No. 2004-5553 and Docket No. 2004-5554 pursuant to Pa.R.C.P.213. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. A,? /, 24- Leah B. Graff, Esqu e Attorney ID No. 29176 2 West Market Street Post Office Box 952 York, PA 17405 (717) 846 - 0606 LAW OFFICES OF DA LH E. AF6TINTfl• P. C. Yoea,cPsira.vivw..- i?aos ExhIb-tt A ! It ,I Mkhael R MM* D.O. mitrick s. Polia* D.O. Chad M. Rutter. 0.0. pol lack James J. 60=t D.G. Past rUttel' ' John D. Jamison, PA-C . u.P orthopaedics ' b740 3 , ORTHOPAEOIcs s REHAKMrnE MEDIONE (717) W2297 YORK INTERVENTIONAL SPNE CENTER wuc {711} 848.2941 February 7, 2007 Jenni Henley Allen, Esquire Nealon, Gover, and Perry, P.C. RE: Heidi Kessler DOB: 06/16/1972 Dear Attorney Allen: On February 7, 2007, 1 saw Heidi Kessler in our office for the purposes of an Independent Medical Evaluation, per your request. She was seen between the hours of 5:00 - 5:45 p.m. In attendance at all times was my office nurse, Margaret. In addition to your brief introductory letter, I did have medical records present. These included: 1. Washington Heights Medical Practice. 2. Pinnacle Health Physical Therapy. 3. Magnetic Imbging Center. 4. CD of various x-rays as well as a CAT scarf and bone scan. Heidi Kessler is currently 34 years of age. She is 57" and admits to weighing 150 pounds. -She is employed as a multimedia designer. She works independently. Currently, she works approximately 10-20 hours per week on average. She lives in Boiling Springs. She is married and has two children ages 4 and 1. She socially drinks but does not smoke. She states that she is ambidextrous. She has never been seen in our office. ALLERGIES: Iodine and IVP dye. MEDICATIONS: 1. Multiple vitamin. 2. Ponstel for very heavy vaginal bleeding on an as-needed basis. 3. Weilbutrin. 4. Lexapro. PAST SURGICAL HISTORY: Positive for exploratory laparoscopy, biopsy, and hernia repair. PAST MEDICAL HISTORY: Medical problems include depression and a diagnosis of a lymphoma type 11 diagnosed in 20NIF 19 EXHIBIT A a RE: Heidi Kessler February 7, 2007 Page 2 FAMILY HISTORY: Positive for heart disease and cancer. Her chief complaints currently are neck pain as well as low back pain. She also has some pain near the right shoulder blade. She attributes these to a motor vehicle accident of April 2, 2003. Her history is significant in that she was involved in a motor vehicle accident on February 16, 2003. The conditions were snowy. She saw, a car behind her going unusually fast for the conditions. She moved out of the lane to try to avoid having the person hit her. Unfortunately, the car swerved into her, and the front of that car struck her directly in the back of her car. This pushed her into a concrete embankment. The other-car apparently spun around and struck her.. at least 1 or 2 more times. Following that accident, her husband came to the scene and subsequently took her to the hospital where she was seen, treated, and released. Following that, arrangements were made for physical therapy, but she was unable to attend that due to the fact that she was eventually involved in a second accident. She did have a cortisone shot:in the area of her right shoulder on the medical aspect of the actual shoulder blade. She had shoulder and neck complaints at that time. The second accident occurred on April 2, 2003. It was in the same car that she had been in the first motor vehicle accident on February 16, 2003. She had just gotten the car back from the repair shop the day before. She told me that she was proceeding through an intersection. The light had turned green. The people had already gone through on the left turn. She then proceeded through the intersection. As she did so, another car came through the intersection and basically "T-boned" her. The car struck her on the passenger's side. She was. the restrained driver of that vehicle. She was taken to the hospital by ambulance where she was seen, treated, and released. She told me that she estimated the speed of that vehicle to be approximately 40 mph or possibly even more. She told me that it was an elderly lady who had driven that car who Has since died. Following that accident, she complained of neck pain, right . shoulder blade pain, low back pain, and rib pain. Her current complaints now include neck, low back, and infrequently the right shoulder blade. She told me that any increase in activity caused her to have increasing pain. She told me that prior to the accidents, she had been able to kayak. She is unable to do that now because of pain. Since the accident, she did go through physical therapy. She currently is taking no pain medication. I did review her records. Some of the reports were from Dr. Conroy's office at Washington Heights Medical Practice. At that time, she was being worked up for her lymphoma. She did have a CAT scan of her thorax, abdomen, and pelvis, which showed no evidence of any right lower quadrant mass or significant abnormality. She was complaining of extreme fatigue at that time and barely could sit up for one hour. She had right-sided pain, and she had complaints of an elevated temperature. There were records from Holy Spirit Hospital. At that time, she was seen on February 16, 2003, which was the first motor vehicle accident. She had x-rays of the cervical spine and left shoulder. The x-rays were basically normal. A RE: Heidi Kessler February 7, 2007 Page 3 She was seen on February 20, 2003 at Dr. Conroy's office and basically was diagnosed as having postpartum depression. She could not relax. She was prescribed Paxil. On March 3, 2003, she was again seen by Dr. Conroy. She was complaining of pain along her cervical, thoracic, and lumbar spine as well as her left shoulder. She complained of anxiety and nightmares associated with the accident. She also complained of a contusion to the right shoulder and her ribs, primarily on the right. She was taking Motrin and doing stretching exercises. She-.was seen again on March 18, 2003. - Her cervical spine.was in spasm. She had difficulty with side bends both to the right and left. She had trigger point areas of the right parascapular region that were exquisitely tender. She had tender bilateral sacroiliac joints and spasm in the bilateral lumbar region. She was given an injection in the area of the parascapular region. On March 17, 2003, there was an MRI of the cervical spine. The report stated that there was a disc bulge at C5-6. It stated-that it was small. It did indent the ventral thecal sac and slightly- flattened the cord. It was felt the cord was still normal. There was also a mild reversal of the cervical lordosis at C34-5. The vertebral bodies maintained their height and showed a normal signal. The second motor vehicle accident occurred on April 2, 2003. She was seen by Dr. Conroy on April 4, 2003. She complained of tightness in her chest. The lungs felt hot when she took a deep breath, and she had an inability to take a deep breath. She also complained of cold/flu- like symptoms. She saw Dr. Conroy.again on April 16, 2003, two weeks after the accident. She complained. of severe neck pain, bank pain, rib pain, as well as multiple contusions: She again had nightmares about the accident. It was felt that she had an acute cervicothoracic strain with bilateral rib contusions. She was taking Ibuprofen. She did go to physical therapy. She had tenderness to palpation in the cervical and thoracic paravertebral muscles. She was seen again on May 19, 2003 by Dr. Pauline Kostelac, D.O., at Washington Heights Medical Practice. At that time, she was having exquisite tenderness in the area of C3 and down. They put the physical therapy on hold as some of the spasms occurred while the patient was using electrical stimulation. On May 28, 2003, she saw Dr. Conroy again, and the patient said that she had stopped therapy because it aggravated her neck and shoulders too much. On June 11, 2003, there were x-rays obtained of the thoracic spine, which showed multilevel degenerative changes within the thoracic spine. A right-sided rib study was performed and was normal. A left-sided rib study was performed and was also normal. On June 16, 2003, there was an x-ray of the cervical spine performed, five-view. There was a left shoulder with three views. The study was normal. There was no evidence of fracture or dislocation of the cervical spine or left shoulder. RE: Heidi Kessler February 7, 2007 Page 4 She continued to see Dr. Conroy in August, September, and October 2003. Therapy took place during that time. She was sleeping better and had improved motion in her neck and low back. She was discharged from physical therapy on October 29, 2003. She saw Dr. Conroy on November 20, 2003. Dr. Conroy noted that she had been doing her exercises, and she was complaining of lower cervical and right-sided T1-2 pain if she overdid it. There was also right parathoracic region of. spasm along the entire spine at the right supraspinatus tendon as well as the right supraspinatus tendon of the right shoulder. She saw Dr. Conroy again on July 16, 2004. 'She stated that there was significant improvement in her neck and back pain. It was usually located in the lower cervical spine and upper thoracic area. On May 3, 2005, she was seen by Dr. Conroy and requested an antidepressant because of postpartum depression concern. On May 1, 2006, she was having a difficult time with depression because of the motor vehicle accident as well as the death of her grandparents. On August 18, 2006, she complained of pain. She stated that during labor, she either broke or shifted her sacrum. She had episodes of severe burning pain in her coccyx region. On September 21, 2006, she saw Dr. Conroy and stated that she threw her back out while lifting her son and requested a muscle relaxant. I did personally review several of the x-rays on the CD. I saw x-rays of the shoulder and the cervical spine as well as the ribs. They were basically normal. I did not see the MRI, which was not included on the CD. Also included were the CAT scans, which were basically normal. PHYSICAL EXAMINATION: Prior to starting the exam, I told that her that I did not wish to cause her pain. If she had any discomfort, she was to immediately let me know. She was examined with my office nurse, Margaret, present. We started the .exam by having her walk. She had a normal gait. She was able to easily toe and heel walk. Viewed from behind, her shoulder and iliac crest heights were equal. There was no scoliosis. Viewed from the side, her cervical, thoracic, and lumbar curves were normal. I palpated her entire spine from her occiput down to the sacrum. There was no muscle spasm. She complained of tenderness about C7-T1 in the cervical spine. She complained of tenderness over both sacroiliac joints. Her range of motion was incredible. She extended at least 30-40 degrees. She laterally flexed to at least 35 degrees on each side. She was able to bend forward and easily put her palms on the floor and almost her elbows with her legs held in an extended position. Pelvic rotation to each side did not cause her to complain of any pain. I next had her sit. She had normal patellar and Achilles reflexes. She had normal EHL strength bilaterally. She had no sensory changes, and she had normal pulses. RE: Heidi Kessler February 7, 2007 Page 5 I next had her lie supine. She had a negative straight leg raise. She had a negative FABER's test. She had incredible hip motion bilaterally. She had full range of motion of both knees. Both knees were stable. In the seated position, I checked her neck and upper extremities. She was able to touch her chin to her chest and extend to almost 60 degrees. She laterally rotated to almost 85 degrees on each side. She laterally flexed to at least 45 degrees. Once again, she complained of some tenderness, at the C7-T1 area. She had full range of motion of shoulders as well as elbows, wrists, fingers, and thumbs bilaterally. She had normal biceps, triceps, and brachioradialis reflexes. She had normal pulses and normal sensation. She had excellent biceps and triceps strength as well as excellent abduction strength of the shoulders. Grip strengths were performed.. On the right, she had grip strength of 80 and 75 pounds of force; on the left side, she had 90 and 85pounds- of force. As far as the shoulders were concerned, she really did not have any shoulder complaints other than some tenderness along the medial border of the right scapula in the superior region. She had absolutely no true shoulder complaints as far as the glenohumeral joint or rotator.cuff were concerned. This basically completed the exam. At no time during the exam did I feel that she was attempting to deceive me. IMPRESSIONS: 1. Heidi Kessler is a 34-year-old Caucasian female who has complaints of neck pain as well as pain in the area of the low back. Specifically, she complained of tenderness in the lower poition of the cervicbl spine and in both sacroiliac joints. 2. She was involved in two motor vehicle accidents. The first was on February 16, 2003, and the second was on April 2, 2003. In the first accident, she was rear ended and pushed into a concrete embankment. The car that hit her then spun around and hit her a few more times. In the second accident on April 2, 2003, she was T-boned on the passenger side and was taken to the hospital by ambulance. In both cases, she was seen, treated, and released. 3. Following her first accident, she had neck pain and left shoulder pain. She also had thoracic pain, anxiety, and nightmares. She had a contusion to the right shoulder as well as the ribs. She received a trigger point injection in the area of the medial aspect of the right shoulder blade. Just days before the accident of April 2, 2003, she had an MRI of the cervical spine, which showed a central disc bulge at C5-6. There was a reversal of the normal cervical lordosis. Following the second accident, she again complained of some rib pain and did have x-rays of the ribs, which were normal. She had x-rays of the thoracic spine, which did show some degenerative changes at multiple levels. These were done on June 11,, 2003 and clearly predated the events of April 2, 2003. 4. The patient suffers from depression. She told me that family members were killed in Western Pennsylvania within the last couple years. They were killed in a car accident. Both grandparents also died as well as some other relatives. She has had postpartum depression. She also has been diagnosed as having a lymphoma type 11 in 2000. RE: Heidi Kessler February 7, 2007 Page 6 5. On the physical exam, I felt that she was pleasant and cooperative. I did not feel that she was attempting to deceive me. She complained of some tenderness in the lower cervical spine as well as some tenderness over her sacroiliac joints. Other than that, she had a completely normal neurologic exam. She had excellent motion. She is on a home exercise program. She takes nothing for pain. n your letter, you asked me several questions. The first question was in regards to what injuries I believe she may have sustained as a result of the second motor vehicle accident on April 2, , 2003. , Obviously, this history is a little confusing in the fact that she did have the previous motor vehicle accident of February .16, 2003. Her complaints following that accident were extremely similar to the complaints following the second motor vehicle accident. An MRI of her cervical spine done just days before the second motor vehicle accident revealed a small disc bulge at C5-6 as well as a reversal of the cervical londosis st C3-4-5. She complained of shoulder pain, neck pain, low back pain, as well as rib pain prior to the second accident on April 2, 2003. My impression is that she may well have sustained a cervical as well as lumbar strain as well as contusion to the ribs following the second accident. ?his may well have been an aggravation to the injuries she sustained from the previous accident of February 16, 2003. Clearly, the second accident did not cause the changes in her cervical discs and cervical spine, which were seen on the MRI performed just days before the second motor vehicle accident. Clearly, the right shoulder blade discomfort that she currently complains about had existed prior to the motor vehicle accident of April 2, 2003. Clearly, she had neck pain as well as low back pain prior to the motor vehicle accident of April 2, 2003. 1 do. have to wonder whether or not she would have her current complaints if she had ever even been involved in the second motor vehicle accident on April 2, 2003. The second question was in regards to her medical treatment and whether it has been reasonable and necessary. Certainly, I believe her treatment has been. reasonable. She received physical therapy as well as some treatments from her physicians. She has.been placed on a home exercise program and remarkably has been doing that as instructed. The third question was regarding her prognosis and any limitations. I believe her prognosis should be good. I see nothing that would require surgery. I am uncertain as to why she is still complaining of discomfort. Certainly, the degenerative changes in her neck could be the reason she still complains of cervical pain. As far as limitations are concerned, she told me that she has not been able to kayak. She told me that she has difficulty sitting for long periods of time. I believe she is capable of working. Obviously, if prolonged sitting bothers her, she would have to be allowed to get up and move about on occasion. I do not believe that she needs any type of weight restriction. The above recommendations are made in light of what she had actually told me about the prolonged sitting bothering her. . <a 1 RE: Heidi Kessler February 7, 2007 Page 7 'These opinions were rendered within a reasonable degree of medical certainty. If you are in need of any further information, please do not hesitate to contact me. rely, c I F. Mitndk, D.O. MFWtc T: 02/10/2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs NO. 2004-5553 CIVIL TERM V. DANIEL BAIR, JURY TRIAL DEMANDED Defendant : HEIDI KESSLER, : Plaintiff NO. 2004-5554 CIVIL TERM WINIFRED M. SMITH, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE AND NOW, this g::?! day of 2007, I, Leah B. Graff, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of the within and foregoing document by first class United States mail, postage pre-paid, addressed to the party or attorney of record as follows: uw ornccs a 1D.1S.}S F.. AYATIYLI• P. C .o rc.r ....L..r.LL* .O.T W.KL .OA ... Y., Pxxx.Y-xY 9- Jenni Henley Allen, Esquire Nealon, Gover, and Perry, P.C. 2411 N. Front Street Harrisburg, PA 17110 George H. Eager, Esquire Eager, Spinello, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 17601 RESPECTFULLY SUBMITTED: LAW OFFICES OF D."36V E. ANx-rimH. P. C. rwo w..r w...r .r.q. .o.r o•FC. w.... Y.". P.'X0TLVA,-A 17404 LAW OFFICE OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs NO. 2004-5553 CIVIL TERM V. DANIEL BAIR, : JURY TRIAL DEMANDED Defendant HEIDI KESSLER, : Plaintiff NO. 2004-5554 CIVIL TERM V. WINIFRED M. SMITH, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE AND NOW, this ?-r day of October, 2007, I, Leah B. Graff, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of the within and foregoing document by first class United States mail, postage pre-paid, addressed to the party or attorney of record as follows: Matthew Gover, Esquire Nealon, Gover, and Perry, P.C. 2411 N. Front Street Harrisburg, PA 17110 George H. Eager, Esquire Eager, Spinello, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 17601 RESPECTFULLY SUBMITTED: ?Aw oFF??ES aF DA LET EµAN9TYN?, P. C. Pos. or.?ce so. asz Yosa, Psaaersvwxu t?an5 LAW OFFICE OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney for Plaintiffs n `. 0 IL W ? 1 1 l r n ?Y ?• 3 _ W f 1 a .` HEIDI KESSLER AND KEVIN KESSLER, Plaintiffs VS. DANIEL BAIR, Defendant HEIDI KESSLER, Plaintiff vs. WINIFRED M. SMITH, Defendant AND NOW, this 44 ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5553 CIVIL JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5554 CIVIL JURY TRIAL DEMANDED RULE TO SHOW CAUSE day of October, 2007, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the defendants to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. argument shall be held on Wednesday, November 28, 2007, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA; and 4. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, _?y :? t ? 1 ? Leah B. Graff, Esquire For the Plaintiffs. George H. Eager, Esquire 016PI'eS. en'Qt `c - For Defendant Bair 1 v AJ /U7 Matthew Gover, Esquire For Defendant Smith Am - - I%-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs, v. DANIEL BAIR, Defendant NO. 2004-5553 Civil Term v : JURY TRIAL DEMANDED HEIDI KESSLER, Plaintiff NO. 2004-5554 Civil Tenn V. WINIFRED M. SMITH, Defendant JURY TRIAL DEMANDED DEFENDANT BAIR'S ANSWER TO PLAINTIFFS' AMENDED MOTION TO COORDINATE ACTIONS PURSUANT TO PA.R.C.P. 213.1 1. Defendant Daniel Bair has no objection to the coordination of the actions docketed to Nos. 2004-5553 and 2004-5554. EAGER, SPINELLO, QUINN & STENGEL DATE: b ZZ 07 BY: Geo ge H. Ea , Esquire Attorneys for fefendant Bair 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Atty. I.D. No. 27740 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer to Plaintiffs' Amended Motion to Coordinate Actions Pursuant to Pa.R.C.P. 213.1 upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Leah B. Graff, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 Matthew Gover, Esquire Nealon, Gover & Perry, P.C. 2411 North Front Street Harrisburg, PA 17110 EAGER, SPINELLO, QUINN & STENGEL DATE: ® ?-2- Q 7 BY: .,_ George H. Eager, Attorney for Def nt Bair I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ? N f j ;- 71 .. C7 JUN 1 3 zoo7? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER, Plaintiffs NO. 2004-5553 CIVIL TERM V. DANIEL BAIR, JURY TRIAL DEMANDED Defendant HEIDI KESSLER, Plaintiff NO. 2004-5554 CIVIL TERM V. WINIFRED M. SMITH, JURY TRIAL DEMANDED Defendant : ORDER AND NOW, this -P " day of Nor , 2007, it is hereby ordered and decreed, pursuant to Pa.R.C.P.213, that the above-captioned actions pending in the Court of Common Pleas of Cumberland County are coordinated and shall proceed to trial as a single action. BY T COURT: ?.. - 7 J. W OFFICES OF T11 1111 "1111T IT1111 Yoex, Paxx.rurwxrwsr aarrx Lvtf::? mu. i/ /! I ? .- INN r?Cjj'j 10 ?n I Lob vl/! PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUN'T'Y 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) (check one) Cases were consolidated Heidi Kessler and Kevin Kessler ( ) Civil Action - Law Plaintiffs V. No. 04-5553 ( ) Appeal from Arbitration Daniel Bair Defendant Heidi Kessler VS. (Plaintiff) No. 04-5554 (other) The trial list will be called on :Xww May 27, 2008 Winifred M. Smith (Defendant) Trials commence on June 23, 2008 Pretrials will be held on June 4, 2008 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) NO. 04-5554Civil Action-Law XI)9x No. 04-5553 Civil Action - Law Indicate the attorney who will try case for the party who files this praecipe: Leah B. Graff, Esq., Law Offices of Dale E. Anstine, P.C., 2 West Market Street, P. 0. Box 952, York, PA 17405 Indicate trial counsel for other parties if known: George H. Eager, Esq. for Defendant Bair Matthew Gover, Esq., for Defendant Smith This case is ready for trial. Signed: Print Name: Leah B. Graff, Esq. Date: April ?/? 2008 Attorney for: Plaintiff(s) n ? d o -c F c? r} 4' 1" f HEIDI KESSLER AND KEVIN KESSLER, Plaintiff vs. DANIEL BAIR, Defendant HEIDI KESSLER, Plaintiff vs. WINIFRED M. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA NO. 04-5553 CIVIL / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5554 CIVIL IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held June 4, 2008, were Leah Graff, Esquire, and George Costopoulos, Esquire, attorneys for the plaintiff; George H. Eager, Esquire, attorney for defendant, Daniel Bair; and Casey Shore, Esquire, attorney for defendant, Winifred M. Smith. This matter involves two automobile accidents, one involving defendant Bair on February 16, 2003, and the other involving defendant Smith on April 2, 2003. The first accident occurred when the defendant rear-ended the plaintiff's vehicle. The second accident occurred when the defendant ran a red light. It is anticipated that liability will be conceded in both cases. The issues in the case will center around causation and damages. The plaintiff contends that the first accident caused neck, shoulder and back injuries and that these injuries were aggravated in the second accident. Defendant, Winifred M. Smith, has since deceased. No estate has been raised and counsel expressed a concern that the designation of a personal representative may delay the trial tV 1 t ii. r, of this case. In addition, Mr. Shore has another case in Cumberland County set for the week of June 23`d. Assuming no delay and that this case can be tried, counsel indicated that it could probably be completed in two days. Each of the parties will receive four peremptory challenges. June 4, 2008 Leah B. Graff, Esquire George Costopoulos, Esquire For the Plaintiff George H. Eager, Esquire For Defendant Bair Casey Shore, Esquire For Defendant Smith Court Administrator . 4? - Kev' A. Hess, J. :rlm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER NO. 2004-5553 CIVIL TERM Plaintiffs V. DANIEL BAIR, JURY TRIAL DEMANDED Defendant PRAECIPE TO SETTLE DISCONTINUE AND END To The Prothonotary: Please mark the above-captioned action settled, discontinued and ended. Respectfully submitted, ??? - Z?? Leah B. Graff, Esquire Attorney I.D. No. 29176 Two West Market Street P.O. BOX 952 York, Pennsylvania 17405 (717) 846-0606 Attorney for Plaintiff 1 CERTIFICATE OF SERVICE AND NOW, this 16th day of July, 2008, I, Leah B. Graff, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of the within Praecipe by first class United States mail, postage pre-paid, addressed to the party or attorney of record as follows: George H. Eager, Esquire 1347 Fruitville Pike Lancaster, PA 17601 LAW OFFICES OF DALE E. ANSTINE, P.C. -Z 4'4?41 Leah B. Graff, Esquire Attorney ID No. 29176 Two West Market Street P.O. Box 952 York, PA t7405 (717) 846 - 0606 Attorney for the Plaintiff 11, C