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HomeMy WebLinkAbout04-5554IN THE COURT OF COMMON PLEAS I OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER 616 SPRING LANE BOILING SPRINGS, PA 17007 Plaintiffs V. WINIFRED M. SMITH 789 LEE LANE ENOLA, PA 17025 Defendant I is 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 DATE: Attorney for the Plaintiff NO. 2004- SS3'y : JURY TRIAL DEMANDED PRAEC;IPE FOR Si;MMC)NS \..i?x?. al'?.n rv+?•nv?ns?? ???a SUMMONS IN CIVIL ACTION TO: Winifred M. Smith, 789 Lee Lane, Enola, PA 17025 YOU ARE NOTIFIED THA r THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENDED AN ACTION AGAINST YOU. DATE: X )rN) 3,.2n6y Prothonotary/Clerk, Civiivision BY za, Deputy N -o 2f r" C C. N t? t? CD es0 0 SHERIFF'S RETURN - REGULAR CASE NO: 2004-05554 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KESSLER HEIDI ET AL VS SMITH WINIFRED M JASON VIORAL was served upon Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS SMITH WINIFRED M the DEFENDANT at 789 LEE LANE , at 1930:00 HOURS, on the 29th day of November , 2004 ENOLA, PA 17025 WINIFRED SMITH a true and attested copy of WRIT OF SUMMONS by handing to , Sheriff or Deputy Sheriff of together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 So Answers: R. Thomas Kline 11/30/2004 DALE E ANSTINE Sworn and Subscribed to before me this day of A.D. .. P othonotary ' By. Dep ty Sheriff ?? HEIDI KESSLER, Plaintiff VS. WINIFRED M. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-55544 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Winifred M. Smith, with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY By: - Cgiii? G. Shore, Esquire I.D. #: 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: *16 CERTIFICATE OF SERVICE AND NOW, this Ad day of July, 2005, 1 hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Leah B. Graff, Esquire Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 L ?? - Cas . Shore, Esquire r) r l 0 '-_ fi1T1 ?l - L -1 `'1 HEIDI KESSLER, Plaintiff VS. WINIFRED M. SMITH, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5554 : CIVIL ACTION - LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Date: TO THE PLAINTIFF: Respectfully submitted, NEALON GOVER & PERRY By: )4,- 'CagQsG. hore, Esquire I.D. #: 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED- CAS -1 . Prothonotary CERTIFICATE OF SERVICE AND NOW, this /$1?0 day of July, 2005, 1 hereby certify that I have served the foregoing Praecipe for Rule to File Complaint on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Leah B. Graff, Esquire Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 '4.AL'- C Shore, Esquire J r O SJ_ = T n ? 4? 01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KESSLER and NO.: 2004-5554 KESSLER, Plaintiffs V. CIVIL ACTION-LAW WINIFRED M. SMITH, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set rth against you in the following pages, you must take action within twenty (20) days after this mplaint and Notice are served, by entering a written appearance personally or by attorney and ng in writing with the Court your defenses or objections to the claims set forth against you. )u are warned that if you fail to do so, the case may proceed without you and a default figment may be entered against you by the Court without further notice for any money claimed the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH .OW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT LING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY [i LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO 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 M. SMITH, Defendant JURY TRIAL DEMANDED AVISO PARA DEFENDER Conforme a PA RCP Num. 1018.1 USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las uejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir e la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en ersona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las emandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la orte puedc decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en a demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED UEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES ARA USTED. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI fED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA ADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE EERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER CIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O 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 PENNSYVANIA HEIDI KESSLER and KEVIN KESSLER, Plaintiffs V. WINIFRED M. SMITH, Defendant NO.: 2004-5554 CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiffs, Heidi Kessler and Kevin Kessler, wife and husband, are adult ividuals residing at 616 Spring Lane, Boiling Springs, PA 17007. 2. The Defendant is an adult individual residing at 789 Lee Lane, Enola, PA 17025. 3. On April 2, 2003, the Plaintiff Heidi Kessler was the owner and operator of a 1997 Subaru bearing Pa. registration plate ETH1997. 4. On April 2, 2003, Defendant was the owner and operator of a 1992 Subaru ing Pa. registration plate BRUNEI. 5. On April 2, 2003 at approximately 3:11 p.m., the Plaintiff Heidi Kessler operating her vehicle eastbound on Sporting Green Drive at its intersection with State Route 14 in Silver Springs Township, Cumberland County and had stopped for a steady red traffic signal. When the control signal turned green, Plaintiff entered the intersection intending ° ?o proceed straight through the intersection. 6. At that same time and place, Defendant was operating her vehicle northbound on State Route 114 when she failed to stop for a steady red traffic control signal, and entered the intersection causing a collision with Plaintiff's vehicle resulting 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. 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury is hereby demanded. COUNTI HEIDI KESSLER V. WINIFRED M. SMITH 9. The allegations contained in paragraphs 1 through 8, inclusive, are incorporated herein 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 her 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 her vehicle in careless disregard for the safety of others and the Plaintiffs in particular in violation of 75 Pa.C.S. §3714; d. Failing to stop at a steady red traffic control signal in violation of 75 Pa. C.S. §3112(a)(3)(i); 2 e. Operating her vehicle too fast for the conditions then and there existing in violation of 75 Pa. C.S. §3361; and f Failing to observe the presence of Plaintiff's vehicle when the Defendant's decedent knew, or should have known, of the presence of the Plaintiff's vehicle. 11. As a result of the negligence of the Defendant, the Plaintiff suffered serious and injuries including but not limited to shoulder pain, hip pain, contusions, neck and back pain, 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 suffer, a severe loss of her earnings and impairment of her earning capacity and the loss of income and impairment of earning 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. COUNT II KEVIN KESSLER V. WINIFRED M. SMITH 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 injury 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. kt? d 2 d ? Z Leah B. Graff, Esquire' Attorney I.D. 429176 Two West Market Street P.O Box 952 York, Pennsylvania 17405 (717) 846 -0606 4 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing COMPLAINT is true 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 unworn falsification to authorities. eO // V? Date: S eidi Kessler ?? LL v Kessler CERTIFICATE OF SERVICE AND NOW, this l Os' day of October, 2005, 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 Complaint by first class United States mail, postage pre-paid, addressed to the party or attorney of record as follows: Casey G. Shore, Esq. Nealon Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 LAW OFFICE OF DALE E. ANSTINE, P.C. k"'1-- s Leah B. Graff, Esquire Attorney for Plaintiff ...? <-, .? ??', .,, -t _,?, .? `° ,, ?_, `: , . ?1, j? HEIDI KESSLER and : IN THE COURT OF COMMON PLEAS KEVIN KESSLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : NO. 2004-5554 WINIFRED M. SMITH, Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: Heidi Kessler and Kevin Kessler c/o Leah B. Graff, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, NEALON GOVER & PERRY i By: "Ay ?. C.1?4ey Shore, Esquire Attorney I.D. No. 85321 2411 North Front St. Harrisburg, PA 17110 Date: i? (717) 232-9900 HEIDI KESSLER, Plaintiff VS. WINIFRED M. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5554 CIVIL ACTION - LAW ANSWER TO COMPLAINT WITH NEW MATTER 1-5. Admitted based upon information and belief. 6. Admitted in part, denied in part. It is admitted that the Defendant was operating her vehicle northbound on State Route 114. All other averments contained within this paragraph are denied, and strict proof thereof is demanded at trial. 7. Neither admitted nor denied. The Defendant is without sufficient information to form a belief as to the truth of this averment. To the extent that an Answer is required, the averment is denied. 8. Neither admitted nor denied. The Defendant is without sufficient information to form a belief as to the truth of this averment. To the extent that an answer is required, the averment is denied. 9. No answer required. COUNT I 10-14. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendant respectfully requests that Count I of the Complaint be dismissed, with costs to be paid by Plaintiff Heidi Kessler. COUNT II 15. No answer required. 16. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendant respectfully requests that Count II of the Complaint be dismissed, with costs to be paid by the Plaintiff, Kevin Kessler. NEW MATTER 17. Paragraphs 1-16 are incorporated herein as if reference were made thereto. 18. The Plaintiffs' claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, the Defendant respectfully requests that the Complaint be dismissed, with costs to be paid by the Plaintiffs. Respectfully submitted, NEALON GOVER & PERRY By: ~ -ti (mss: G. Shore, Esquire I.D. 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: ?t? VERIFICATION I, Winifred M. Smith, verify that the statements made in the foregoing Defendant's Answers to Complaint with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Winifre ,M. Smith CERTIFICATE OF SERVICE AND NOW, this !? _ day of Qzteber, 2005, 1 hereby certify that I have served the foregoing Answer to Complaint with New Matter on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Leah B. Graff, Esquire Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 L,A? Cawy . Shore, Esquire o - _L i w HEIDI KESSLER and KEVIN KESSLER, Plaintiffs VS. WINIFRED M. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5554 CIVIL ACTION - LAW NOTICE OF DEATH The death of Winifred M. Smith, a party to the above-action, during dependency of this action is noted upon the record. Respectfully submitted, NEALON GOVER & PERRY By: 4&?' nJeiYni Henley Allen, Esquire I.D. No. 84311 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: CERTIFICATE OF SERVICE AND NOW, this (V' day of June, 2006, 1 hereby certify that I have served the foregoing NOTICE OF DEATH on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Leah B. Graff, Esquire Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Henley Allen, Esquire N (? L.. ? T C7l {y) tl C'" _ l f_) _ ..- 7?fY1 G.1 :~ HEIDI KESSLER, Plaintiff VS. WINIFRED M. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5554 CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Winifred M. Smith, with regard to the above-captioned matter. Respectfully submitted, Date: NEALON GOVER PERRY By: Mip 'V S ore, Esquire I. D. 5321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 i h CERTIFICATE OF SERVICE AND NOW, this day of July, 2006, 1 hereby certify that I have served the foregoing Praecipe for Withdrawal of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Leah B. Graff, Esquire Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 C ore, Esquire ?. ,_., ', ti ,;, ? ,?? ' .. , ?, ?_ C-' HEIDI KESSLER, Plaintiff VS. WINIFRED M. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5554 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Winifred M. Smith, with regard to the above-captioned matter. Respectfully submitted, NEALON G.OVER & PERRY By: Date: I D. #: 311 2 h Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this JI "' day of July, 2006, 1 hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Leah B. Graff, Esquire Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 II ?x -4 -;x rx ..? l- i ti CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGINAL PURSUANT TO RULE 4009.22 IN THE MATTER OF: HEIDI KESSLER WINIFRED M. SMITH COURT OF COMMON PLEAS -VS - TERM, CUMBERLAND CASE NO: 2004-5554 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/29/2006 MCS beh 1 0 JEYNI ALLEN, ESQ. / Attorney for DEFENDANT R1.23 105-N DB12-0244684 4 3 8 9 4- L O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEIDI KESSLER vs. WINIFRED M. SMITH File No. 2004-5554 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HEALTH PHYSICAL THER. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc. 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Cle'rk Civil ' ivision iI Deputy Date: ?e . 1./ 16)Seal of the Court 43894-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH PHYSICAL THER. DILLSBURG SHOPPING CENTER 860 N. US 15 DILLSBURG, PA 17019 RE: 43894 HEIDI KESSLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING MRIS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : HEIDI KESSLER 616 SPRING LANE, BOILING SPRINGS, PA 17007 Social Security #: XXX-XX-3375 Date of Birth: 06-16-1972 R1,23 133-H SU10-0655958 43894-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGIAIA,r IN THE MATTER OF: COURT OF COMMON PLEAS HEIDI KESSLER TERM, CUMBERLAND -VS- CASE NO: 2004-5554 WINIFRED M. SMITH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ES 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/29/2006 MCS oia behalf .of JENNI ALLEN, ESQ Attorney for DEFENDANT R1.23 105-N DE12-0244685 4 3 8 9 4- L 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEIDI KESSLER vs. W INIFRED M. SMITH : File No. 2004-5554 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CNTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: , (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Protlionotary/Clerk; Civil ivision li/ V Deputy Date: Seal of the Court 43894-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR CARLISLE REGIONAL MEDICAL CNTR 361 ALEXANDER SPRING RD MEDICAL RECORDS CARLISLE, PA 17013 RE: 43894 HEIDI KESSLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination., consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : HEIDI KESSLER 616 SPRING LANE, BOILING SPRINGS, PA 17007 Social Security #: XXX-XX-3375 Date of Birth: 06-16-1972 R1.23 133-H SU10-0655960 43894-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HEIDI KESSLER -VS- WINIFRED M. SMITH ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2004-5554 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/29/2006 MCS o; behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT X1.23 105-N DE12-0244686 43894-T--,03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEIDI KESSLER -vS- WINIFRED M. SMITH COURT OF COMMON PLEAS TERM, CASE NO: 2004-5554 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HEALTH PHYSICAL THER.MEDICAL RECORDS & XRAYS CARLISLE REGIONAL MEDICAL CNTRMEDICAL RECORDS CARLISLE REGIONAL MEDICAL CTR.X-RAY ONLY WASHINGTON HEIGHTS MED. PRACT.MEDICAL RECORDS & XRAYS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY MAGNETIC IMAGING CENTER MEDICAL RECORDS & XRAYS TO: LEAH B. GRAFF, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/29/2006 CC: JENNI ALLEN, ESQ. - 05495 TIMOTHY SHAFFER - Any questions regarding this matter, contact R1.23 133-H MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0348103 43894-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEIDI KESSLER vs. WINIFRED M. SMITH File No. 2004-5554 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CTR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE. REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN, ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T4 COURT: Prothonotary/Clef'k,, Civivision t "ILC= q IL '1('? Deputy Date: 60 Seal of the Court 43894-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR CARLISLE REGIONAL MEDICAL CTR. 361 ALEXANDER SPRING RD RADIOLOGY DEPT CARLISLE, PA 17013 RE: 43894 HEIDI KESSLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING MRIS Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : HEIDI KESSLER 616 SPRING LANE, BOILING SPRINGS, PA 17007 Social Security #: XXX-XX-3375 Date of Birth: 06-16-1972 R1.23 133-H SU10-0655962 43894-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA OR/Gffl" PURSUANT TO RULE 4009.22 IN THE MATTER OF: HEIDI KESSLER WINIFRED M. SMITH COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2004-5554 -VS- As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/29/2006 MCS on, behalf of "JEN, ALLEN, ESQ. Attorney for DEFENDANT R1.23 105-N DE12-0244687 43894-T-,04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEIDI KESSLER -VS- WINIFRED M. SMITH COURT OF COMMON PLEAS TERM, CASE NO: 2004-5554 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HEALTH PHYSICAL THER.MEDICAL RECORDS & XRAYS CARLISLE REGIONAL MEDICAL CNTRMEDICAL RECORDS CARLISLE REGIONAL MEDICAL CTR.X-RAY ONLY WASHINGTON HEIGHTS MED. PRACT.MEDICAL RECORDS & XRAYS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY MAGNETIC IMAGING CENTER MEDICAL RECORDS & XRAYS TO: LEAH B. GRAFF, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/29/2006 CC: JENNI ALLEN, ESQ. - 05495 TIMOTHY SHAFFER - Any questions regarding this matter, contact R1.23 133-H MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0348103 43894-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEIDI KESSLER vs. WINIFRED M. SMITH File No. 2004-5554 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WASHINGTON HEIGHTS MED. PRACT. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market Street Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN, ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: /1 t' Prothonotary/Cle - , Civ{Division '--hrc- ?ez--)L Deputy Date: 2- Seal of the Court 43894-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WASHINGTON HEIGHTS MED. PRACT. 50 N. 21ST STREET LEMOYNE, PA 17043 RE: 43894 HEIDI KESSLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING MRIS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : HEIDI KESSLER 616 SPRING LANE, BOILING SPRINGS, PA 17007 Social Security #: XXX-XX-3375 Date of Birth: 06-16-1972 R1.23 133-H SU10-0655964 43894-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGINA,G PURSUANT TO RULE 4009.22 IN THE MATTER OF: HEIDI KESSLER WINIFRED M. SMITH COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2004-5554 -VS- As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/29/2006 M C S out behalf,of JENNI ALLEN, ESQ. Attorney for DEFENDANT IR1.23 105-N DE12-0244688 4 3 8 9 4- L O S COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEIDI KESSLER -VS- WINIFRED M. SMITH COURT OF COMMON PLEAS TERM, CASE NO: 2004-5554 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HEALTH PHYSICAL THER.MEDICAL RECORDS & XRAYS CARLISLE REGIONAL MEDICAL CNTRMEDICAL RECORDS CARLISLE REGIONAL MEDICAL CTR.X-RAY ONLY WASHINGTON HEIGHTS MED. PRACT.MEDICAL RECORDS & XRAYS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY MAGNETIC IMAGING CENTER MEDICAL RECORDS & XRAYS TO: LEAH B. GRAFF, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/29/2006 CC: JENNI ALLEN, ESQ. - 05495 TIMOTHY SHAFFER - Any questions regarding this matter, contact IR1.23 133-H MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0348103 43894-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEIDI KESSLER vs. WINIFRED M. SMITH File No. 2004-5554 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE, REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN, ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Proth-6notary/Clerk; (vil Q vision r'f Deputy Date: Seal of the Court 43894-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 43894 HEIDI KESSLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : HEIDI KESSLER 616 SPRING LANE, BOILING SPRINGS, PA 17007 Social security #: 063-62-3375 Date of Birth: 06-16-1972 R1.23 133-H SU10-0655966 43894-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HEIDI KESSLER -VS- WINIFRED M. SMITH OMWL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2004-5554 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ JENNI ALLEN, ES 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/29/2006 MCS on behalf of , Z11 JEN1ffI ALLEN, ESQ. Attorney for DEFENDANT 81.23 105-N DE12-0244689 43894-1,06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEIDI KESSLER -VS- WINIFRED M. SMITH COURT OF COMMON PLEAS TERM, CASE NO: 2004-5554 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HEALTH PHYSICAL THER.MEDICAL RECORDS & XRAYS CARLISLE REGIONAL MEDICAL CNTRMEDICAL RECORDS CARLISLE REGIONAL MEDICAL CTR.X-RAY ONLY WASHINGTON HEIGHTS MED. PRACT.MEDICAL RECORDS & XRAYS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY MAGNETIC IMAGING CENTER MEDICAL RECORDS & XRAYS TO: LEAH B. GRAFF, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/29/2006 CC: JENNI ALLEN, ESQ. - 05495 TIMOTHY SHAFFER - Any questions regarding this matter, contact R1.23 133-H MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0348103 43894-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEIDI KESSLER vs. WINIFRED M. SMITH File No. 2004-5554 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc- 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN, ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE TURT: ?..? Prothonotary/Clerk; ivilI,' ision Deputy Date: d Seal of the Court 43894-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 43894 HEIDI KESSLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING MRIS Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : HEIDI KESSLER 616 SPRING LANE, BOILING SPRINGS, PA 17007 Social Security #: XXX-XX-3375 Date of Birth: 06-16-1972 R1.23 133-H SU10-0655968 43894-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS HEIDI KESSLER TERM, CUMBERLAND -VS- CASE NO: 2004-5554 WINIFRED M. SMITH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/29/2006 MCS or) behal f of, Q's?? ? E ?JENN?ALLEN I' ES Attorney for DEFENDANT IR1.23 105-N DE12-0244690 4 3 8 9 4- L 0 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEIDI KESSLER -VS- WINIFRED M. SMITH COURT OF COMMON PLEAS TERM, CASE NO: 2004-5554 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HEALTH PHYSICAL THER.MEDICAL RECORDS & XRAYS CARLISLE REGIONAL MEDICAL CNTRMEDICAL RECORDS CARLISLE REGIONAL MEDICAL CTR.X-RAY ONLY WASHINGTON HEIGHTS MED. PRACT.MEDICAL RECORDS & XRAYS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY MAGNETIC IMAGING CENTER MEDICAL RECORDS & XRAYS TO: LEAH B. GRAFF, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/29/2006 CC: JENNI ALLEN, ESQ. - 05495 TIMOTHY SHAFFER - Any questions regarding this matter, contact R1.23 133-H MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0348103 43894-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEIDI KESSLER vs. WINIFRED M. SMITH File No. 2004-5554 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MAGNETIC IMAGING CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN, ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk; ivil D ision Deputy Date: Seal of the Court 43894-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MAGNETIC IMAGING CENTER 4665 TRINDLE ROAD MECHANICSBURG, PA 17050 RE: 43894 HEIDI KESSLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING MRIS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : HEIDI KESSLER 616 SPRING LANE, BOILING SPRINGS, PA 17007 Social Security #: XXX-XX-3375 Date of Birth: 06-16-1972 R1.23 133-H SU10-0655970 43894-LO7 { f IN THE MATTER OF: HEIDI KESSLER CERTIFICATE t PREREQUISITE TO SERVICE OF A SUBPOENA? PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- WINIFRED M. SMITH CASE NO: 2004-5554 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/02/2007 MCS on behalf of / T ( J NNI AL LEN7 E5 Attorney for DEFENDANT R1.25 133-H DE11-0679588 43894-L08 A 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEIDI KESSLER -vS- WINIFRED M. SMITH COURT OF COMMON PLEAS TERM, CASE NO: 2004-5554 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ERIE INSURANCE CO. INSURANCE TO: LEAH B. GRAFF, ESQ`., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/12/2007 CC: JENNI ALLEN, ESQ. - 05495 TIMOTHY SHAFFER - Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.17S 133-H DE02-0357492 43894-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEIDI KESSLER VS. WINIFRED M. SMITH File No. 2004-5554 SUBPOENA TO PRODME DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ERIE INSURANCE CO. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE Prothonotary/ tvi ivision PR 0 2 2007 Date: N-aj .1'r .264), Deputy Seal of the Court 43894-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE CO. 100 ERIE INSURANCE PLACE ERIE, PA 16530 RE: 43894 HEIDI KESSLER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other. providers. CLAIM #:010170664853004 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : HEIDI KESSLER 616 SPRING LANE, BOILING SPRINGS, PA 17007 Social Security #: XXX-XX-3375 Date of Birth: 06-16-1972 Date of Loss: 04/02/2003 21.175 133-H SU10-0675076 43894-LO8 l _? p ?'j C? ? ?' ? [- ?_ -?- -r- l r_ ?.? 3-i e ?_?` C: ' '? .??' ?? _ ?a . i ?,? .. ?d? J+ ?y1 ?1 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 I! Defendant HEIDI KESSLER, Plaintiff i v. WINIFRED M. SMITH, Defendant NO. 2004-5554 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COORDINATE ACTIONS PURSUANT TO PaR.C.P.213.1 1. Plaintiff, Heidi Kessler was involved in two separate motor vehicle accidents. The I 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. j 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 li 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 I predominant issue at trial would be which accident, if either, or both, caused Plaintiff's injuries. In the York County case of S oggins 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, i abut not able to recover twice for the same injury, and so that she would not be required to peserrt 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 r<>ke. Pan ?s.?.a_?u vu,: 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 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 i1 pursuant to Pa.R.C.P.213. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. i Leah B. Graff, Esquire Attorney ID No. 29176 2 West Market Street Post Office Box 952 York, PA 17405 (717) 846 - 0606 3 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. i DANIEL BAIR, JURY TRIAL DEMANDED Defendant I HEIDI KESSLER, Plaintiff NO. 2004-5554 CIVIL TERM V. WINIFRED M. SMITH, JURY TRIAL DEMANDED j Defendant CERTIFICATE OF SERVICE AND NOW, this day of 2007, I, Leah B. Graff, Esquire, a member of i the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of the i within and foregoing document by first class United States mail, postage pre-paid, addressed to the j party or attorney of record as follows: I Jenni Henley Allen, Esquire j 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. 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 V. DANIEL BAIR, Defendant : NO. 2004-5553 CIVIL TERM 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 LAW OFFICES OF DAL>iI E. ANS9TINA. P. C. Y-.., P.... LVAN.w 1]405 >i?l Bo6-0806 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 )ack injuries in the first accident, but that the second accident aggravated her symptoms. His •eport 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 Plaintiffs injuries. In the York County case of Scoggins v. Hardy, 10 D. &C. 4th 64 (fork 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 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 DAL79T E.AN6TINTq. P. c. inconsistent rulings, and will also prevent the possibility of inconsistent jury verdicts. Lastly, it I'll ol- Do, 95, Yo-, P.... - aos Bos 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. 2 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. Leah B. Graff, squire Attorney ID No. 29176 2 West Market Street Post Office Box 952 York, PA 17405 (717) 846 - 0606 W OFFICES OF DA LH Fi•<1N6TlNP. P. C. YaY. P.-.nvwwu 17403 3 Exln'l bit ? mitrick NOW R btit * D.O. U ce s. Pollack, DA pol lack I Clad M. Rutter, D.Q. James J. WOOL DA . POSR r tter John D. Jamison, PA -C orth ics, u.P 1750 FMh Aveme Sub 201 ORTHOPAEDICS s REHABILITATIVE MEDICINE . York, Penmylwk 17403 p,n a4s•n97 YORK INTEWENTIONAL SPINE CENTER "x (717) 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 Imaging Center. 4. CD of various x-rays as well as a CAT scar' 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 II 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 shotin 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. T ? • 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 C3-4-5. 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 coldfflu- like symptoms. She saw Dr. Conroy.again on April 16, 2003, two weeks after the accident. She complained. of severe neck pain, bakk 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. a 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 revtaw 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 poftion 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. s. a 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. In 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. ?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. 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. Mitrick, D.O. MFM/tc T: 02/1012007 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 LAW OF/IC[. Of ID.%i.ra F.. Axwrixx. P. V. TWO *CST 11-C, ST.a[i ----..a Y..Z. P.X.arcvA- 17J 6 HEIDI KESSLER, : Plaintiff NO. 2004-5554 CIVIL TERM V. WINIFRED M. SMITH, JURY TRIAL DEMANDED Defendant ; CERTIFICATE OF SERVICE AND NOW this day of 2007, I, Leah S. 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 OFF"$ GI 73aI.Ja E. AmsviNm. P. V. Z. roa. w.K..o, wa Ynaa. Pe.saei ..tna ii+on ,r?+i ..a woe 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 V. DANIEL BAIR, : Defendant NO. 2004-5553 CIVIL TERM JURY TRIAL DEMANDED HEIDI KESSLER, Plaintiff NO. 2004-5554 CIVIL TERM V. WINIFRED M. SMITH, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE AND NOW, this 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: w oFF??ES of DALE ) AN$TINE. P. C. iwo -11 nww. IT 11 , -IT 01,11, 80, Yo-I PSRN9YLVwxul>a03 g LAW OFFICE OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney for Plaintiffs C`? r?? ?"? ? art C ? ? ._+ ?7 ? ? .? ; ? ,-?? . . - _ y ? . - ? ?: 1 9.... J ' ??? ?" ? 4?Y h M } - ~1 ? r `" i`1 j ? r;.-y ??~? ?? ,?? ?.wj HEIDI KESSLER AND KEVIN IN THE COURT OF COMMON PLEAS OF KESSLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW vs. NO. 04-5553 CIVIL DANIEL BAIR, Defendant JURY TRIAL DEMANDED HEIDI KESSLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-5554 CIVIL WINIFRED M. SMITH, Defendant JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this -/ " 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, Leah B. Graff, Esquire For the Plaintiffs. George H. Eager, Esquire For Defendant Bair Matthew Gover, Esquire For Defendant Smith 'LL CICT rn??t lo??fa? Am ? ? ? ? ?- ?Q ?r ?3 F ????- P 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, 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- 01 BY: George H. Ea 0t, Esquire Attorneys for efendant 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?' D 7 BY: George H. Eager, Pquir6 Attorney for Def nt Bair I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 d 410 P N 0 w w . ) . JUN 13 2007 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 HEIDI KESSLER, Plaintiff NO. 2004-5554 CIVIL TERM V V. WINIFRED M. SMITH, JURY TRIAL DEMANDED Defendant ORDER AND NOW, this X " 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. B 7; OURT: 7 - 7 J. IDALIil F..t4Nl9T?NE. 3e. (?.. YoaaP Psa`F?cc vn u ??soa Ltc::? -63?,q,3 -V 4tv I/ cad ? r '?? ?, ?, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Cases were consolidated Heidi Kessler and Kevin Kessler ( ) Civil Action - Law Plaintiffs V. No. 04-5553 ( ) Appeal from Arbitration Daniel Bair Heidi Kessler VS. Winifred M. Smith (Plaintiff) No. 04-5554 (other) The trial list will be called on xxt May 27 , 2008 Trials commence on J u n e 23, 2008 (Defendant) (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 Aft 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 ]mown: Georqe H. Eaqer, Esq. for Defendant Bair Matthew Gover, Esgi for Defendant Smith This case is ready for trial. Signed: Print Name: Leah B. Graff, Esq. Date: April 2008 Attorney for: P1 ai nti ff (s) Defendant Pretrials will be held on June 4, 2008 (Briefs are due 5 days before pretrials.) C -D { G4 t- s HEIDI KESSLER AND KEVIN IN THE COURT OF COMMON PLEAS OF KESSLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. NO. 04-5553 CIVIL DANIEL BAIR, Defendant HEIDI KESSLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ; CIVIL ACTION - LAW NO. 04-5554 CIVIL/ WINIFRED M. SMITH, Defendant 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 AV '%% 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 Kev' A. Hess, J. : rlm VS. ?J AA.0 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 01pcy+-''J5 civil. 0 To Prothonotary 19 ? X53 a-? Attorney for Ter,,19 No. vs. Filed r YRAECIpE A«Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER and KEVIN KESSLER Plaintiffs NO. 2004-5554 CIVIL TERM V. WINIFRED M. SMITH, JURY TRIAL DEMANDED Defendant PRAEC&E FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of GEORGE J. COSTOPOULOS, ESQUIRE as co-counsel for Plaintiffs in the above-captioned matter. Thank you. Respectfully Submitted: BY: George . Costopoulos, Esquire I.D. No. 78423 10 East Louther Street, First Floor Carlisle, Pennsylvania 17013 Phone: (717) 243-0407 CO-COUNSEL FOR PLAINTIFFS Date: June 24, 2008 CERTIFICATE OF SERVICE I, George I Costopoulos, Esquire, hereby certify that on June 24, 2008 I served a true and correct copy of the foregoing document by United States Mail, postage prepaid, upon counsel for all parties as identified below: Casey G. Shore, Esquire Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Leah B. Graff, Esquire Law Offices of Dale E. Anstine 2 West Market Street York, PA 17405 George J. Costopoulos, Esquire cc ( ZL4 o g DATE r? . ter y ' co HEIDI KESSLER and KEVIN IN THE COURT OF COMMON PLEAS OF KESSLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW WINNIFRED M. SMITH, Defendant 2004-5554 CIVIL TERM IN RE: AGREEMENT OF COUNSEL ORDER OF COURT AND NOW, this 23rd day of June, 2008, pursuant to an agreement of counsel, based upon the insurance coverage in this case and the fact that an estate has been opened with respect to the deceased Defendant, any verdict in favor of the Plaintiffs in this case will be molded so as to not exceed $50,000. By the Court, Leah B. Graff, Esquire 2 West Market Street P. 0. Box 952 York, PA 17405-0952 For Plaintiffs V' Casey Shore, Esquire 2411 N. Front Street Harrisburg, PA 17110-1160 For Defendant :mae ,a,, , es rrtzt LL b /oZ.S/Q I? 80 :6 WV SZ Nnr 90OZ AUV 'I -, Fujo w HEIDI KESSLER and IN THE COURT OF COMMON PLEAS OF KEVIN KESSLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW WINIFRED M. SMITH NO. 04-5554 CIVIL TERM VERDICT [In this case, Defendant concedes that her negligence caused the accident that occurred on April 2, 2003. Accordingly, the first question on this verdict slip has been answered for you, in the affirmative.] Question 1: Do you find that Defendant was negligent? Yes X No Question 2: Do you find that Defendant's negligence was a factual cause of any harm to Plaintiff Heidi Kessler? Yes No If you answered Question 2 "No," Plaintiffs can not recover and you should return to the Courtroom. If you answered Question 2 "Yes," you should proceed to Question 3. Question 3: With respect to the harm to Plaintiff Heidi Kessler that you have found Defendant's negligence was a factual cause of, state the total amount of damages, if any, that you find Plaintiff Heidi Kessler sustained in the following categories: 1 Non-economic losses Economic losses in the form of lost earnings and earning capacity $ 3ooo,oo $ j C)OO. o© With respect to Plaintiff Kevin Kessler, state the total amount of damages, if any, for loss of consortium that you find Defendant's negligence was a factual cause of: C? ( ate s' S (Foreperson) Judge _ Clerk/Prothstaff ', E CA S N O.: _ COURTROOM NO.: ?_ ^ - / ? n ? VS Sw''yC-' 1j I I , W,VV?W ? A-1. DOCKET NO .: ' 4 - SS S L/ DATE: /a 31 QS Juror # Name Random No. 98 CANE, HIEDI -2038822650 ? L ? 4?.55883a11_ 97 MATTER (NICHOLSON), T -1757377223 I'I f -1513331363 65 KLING, GARY -1093884187 44 WAGNER, BRADLEY W. -937110284 -= d - 36 -omn?r v j91 S nMCL2, a , a ' - 111 MOYER, JUSTIN CHARLE -837548686 102 HEBERLIG, RONALD -815150379 129 WAGNER, ROBERT F JR -704748746 112 GARNER, DORIS J. -655793909 99 JONES, LLOYD R -351340017 11 -301923773 120 STEPHENSON, STEPHANI -286562678 ! - 75 f&INE Re ? ' 446496842-- -243725627 -15495172 117 RUBERTONE, JAMES J 87297991 90 MATTER, BRIAN W. 89038547 89 POE, SHARON A. 239034202 115 BREAM, CYNTHIA 313719345 _ 83 SMITHA, DEVARAJ 395432791 114 MACHINIST, DONNA 435548400 82 DEGLMANN, CAROL A 768220270 101 BAKER, LESLIE D 1057713828 125 HELMAN, JOSEPH 1073059784 41 KOCH, BRIAN R. 1214233503 72 LEBO, JAMES L. 1246092187 94 MORRISON, JACK 1732476184 66 RAE, GEORGE R 1747653698 133 BASHAR, JOSEPH C. JR. 1748636756 131 VARMECKY, BRIAN 1784280191 116 BARTH, JASON C. 1836974238 81 BRADLEY, JESSICA 2043426625 119 ACRI, MARIANN T. 2093791053 Monrisw, -It file MR Pang l Af,1 NMI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL ACTION - LAW HEIDI KESSLER, Plaintiff NO. 2004-5554 CIVIL TERM V. WINIFRED M. SMITH, 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, X 5-4-? - 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 3Dawt7 Fi??,t,:a?a'a=ate, ?". 3' Yoerz.oPr,vrvsv?.vwrvus ??aoz A CERTIFICATE OF SERVICE AND NOW, this 25?h 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: Matthew Gover, Esq. Nealon Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 LAW OFFICES OF DALE E. ANSTINE, P.C. y0'r't 6 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 Y'oas, oPa e?arvv-mm?s?f dos 2 C"; ?v r-- "-=? ` ??•? cs;? mo w' ?r1 ?" !?'?" t.,y -rr1 -_ ? ?_. w ??: .. -=i g?. :A3