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HomeMy WebLinkAbout13-2908 Supreme Court of Pennsylvania Courtof•Common�Pleas For Prothonotary Use Only: 111, 1 Civil'C6VOr Sheet Docket No: CUMBERLAND i County 7 CUMBERLAND The hiforrnation collected on this form is used solely court administration prtrposes. This fibrin does not supplement or replace thefiling and service vfpleadings or other papers as required lrn law or rules o f urt. Commencement of Action: S [I Complaint [E Writ of Summons El Petition Q Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: JESSICA CHOI KRAIG S. KELLER T Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? El Yes No (check one) ©x outside arbitration limits 0 N Is this a Class Action Suit? E] Yes El No Is this an MDJAppeal? D Yes [D No A Name of Plaintiff /Appel]ant's Attorney: DAVID S. WISNESKI El Check. here if you have no attorney (are a Self- Represented jPro Sep Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Toil) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional El Buyer Plaintiff Administrative Agencies El Malicious Prosecution l Debt Collection: Credit Card [3 Board of Assessment n Motor Vehicle E] Debt Collection: Other 0 Board of Elections 0 Nuisance Ej Dept. of Transportation Premises Liability El Statutory Appeal: Other S 0 Product Liability (does not include El Employment Dispute: E mass tort) Q Slander/Libe] /Defamation Discrimination C El Other: Employment Dispute: Other Q Zoning Board . D Other: I E] Other: O MASS TORT El Asbestos N 0 Tobacco Q Toxic Tort - DES E) Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS n Toxic Waste Other: 0 Ejectment 0 Common Law /Statutory Arbitration B F1 Eminent Domain /Condemnation 0 Declaratory Judgment rl Ground Rent E] Mandamus El Landlord/Tenant Dispute E] Non - Domestic Relations F1 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY M Mortgage Foreclosure: Commercial El Quo Warranto Q Dental El Partition El Replevin 0 Legal E] Quiet Title El Other: 0 Medical Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) JESSICA CHOI 5 Cardamon Drive Mechanicsburg, PA 17050 9 Case No. �, Civil Term VS. Civil Action - LAW Defendant(s) & Address(es) KRAIG S. KELLER 1701 Taxville Road York, PA 17408 2: CD 3 C.) c= ca CD ... PRAECIPE FOR WRIT OF SUMMONS y . - �' TO THE PROTHONOTARY /CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne heriff. 1 e Circle c oice Date : r��/ ot.3 gignature of Attorney Print Name: David S. Wisneski Address: 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Telephone #: (717) 541 -9205 Supreme Court ID Number: 58796 S WRIT OF SUMMONS pa TO: YOU ARE NOTIFTM THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary /Clerk, Civil Division Date: „ Deputy c Ll L:_. P oTNDflnrAr, ' ORIGINAL 13 lUl? 10 PN 2, r 0 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JESSICA CHOI, Plaintiff 1-5-AD8 NO. 43=2891Y V, KRAIG S. KELLER, JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Stengel, Quinn & Sofilka as attorney of record on behalf of the Defendant in the above captioned action. EAGER, STENGEL, QUINN & SOFILKA DATE: ;�i.. In I 1 _ BY: George K. Eager, E ire Attorney for DefencWnt I.D. No 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid. David Wisneski, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: O 3 BY George ager, V96ire Attorney for Defe nt I.D. No. 27740 1347 Fruitville e Lancaster, PA 17601 (717) 290-7971 ,1411 _�,� , _ ORIGINAL 1` li ( �r{l) ir�t i 2M JUN 1 1 AM CU PENS YLDVAN A TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JESSICA CHOI, Plaintiff 008 NO. 13-2 v. KRAIG S. KELLER, JURY TRIAL DEMANDED Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO: David D. Buell, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of the Rule or suffer a judgment of non pros. EAGER, STENGEL, QUINN & SOFILKA DATE: BY: George -Eager, ire Attorney for Defe t I.D. No. 27740 1347 Fruitville 4e Lancaster, PA 17601 (717) 290-7971 AND NOW, this ' day of �kle- 20�3, a Rule has been entered upon the Plaintiff as above directed. Pro onotary CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David Wisneski, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: 6 D 13 BY: George H. Ea Esquire Attorney for fendant I.D. No. 40 1347 Fr ville Pike Lancaster, PA 17601 (717) 290-7971 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson `;' ' 5 j�'j 44 4 �� Y Y Sheriff �'= �,Y�,i, tit :t a�ir'4 i'.- n. `) Jody S Smith Chief Deputy �`� Richard W Stewart ° 1'14 P. L.t Solicitor ?E t05 Jessica Choi Case Number vs. Kraig S Keller 2013-2908 SHERIFF'S RETURN OF SERVICE 05/23/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kraig S Keller, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Writ of Summons according to law. 05/31/2013 12:00 PM -The requested Writ of Summons served by the Sheriff of York County upon Kraig S Keller, personally, at 1701 Taxville Road, York, PA 17408. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, June 13, 2013 RONO R ANDERSON, SHERIFF Gi�vU au'.C:•n fir` eieUs0... SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber = PETER J. MANGAN, ESQ. Sheriff Solicitor i Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy,Administration JESSICA CHOI Case Number vs. KRAIG S. KELLER 13-2908 SHERIFF'S RETURN OF SERVICE 05/31/2013 12:00 PM-DEPUTY JUSTIN KOLLER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS(WOSM) BY"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: KRAIG S. KELLER AT 1701 TAXVILLE ROAD, YORK, PA 17408. JU TI KOLL2R, DEPUTY SHERIFF COST: $34.30 S• RS, I` A k . . June 10, 2013 RICHARD P KEUERL BER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal SheNa E.Cook,Notary Public City of York,York County My Commission Expires Feb.1,2017 MEMBER,PENNSYLVANIA ASS0CIATIxNd OF NOTARIES NOTARY Affirmed and subscribed to before me this 10TH day of JUNE 2013 ` ∎d/IZ (c;CountySuite Sheriff,Teleosoft Inc. IN THE COURT OF COMMON PLEAS r CUMBERLAND COUNTY, PENNSYLVANIA JESSICA CHOI, r' rn Plaintiff NO. 13-2908 Civil Term ter- N3 V. CIVIL ACTION—LAW C) i KRAIG S. KELLER, Defendant JURY TRIAL DEMANDED w �' NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA CHOI, Plaintiff NO. V. CIVIL ACTION—LAW KRAIG S. KELLER, Defendant JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacidn por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA CHOI, Plaintiff NO. 13-2908 Civil Term V. CIVIL ACTION—LAW KRAIG S. KELLER, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Jessica Choi is an adult individual who resides in Mechanicsburg, Cumberland County, Pennsyvlania. 2. Defendant Kraig S. Keller is an adult individual who resides in York, York County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about July 10, 2011, at approximately 4:54 p.m., on the Carlisle Pike (State Route 11) in Hampden Township, Cumberland County, Pennsylvania. 4. At said time and place, Plaintiff Jessica Choi was a rear seat passenger in a 2007 Honda Odyssey Mini Van that was stopped in a line of traffic that had come to a halt for a red light on the Carlisle Pike. 5. At said time and place, Defendant Kraig S. Keller was the operator of a 2001 Doge Ram that was traveling directly behind the vehicle that Plaintiff was riding in as a passenger. 6. At said time and place, the front portion of the Defendant's vehicle violently collided with the rear portion of the vehicle that Plaintiff was riding in as a passenger. 7. As a direct and proximate result of the aforesaid accident, Plaintiff Jessica Choi sustained injuries that include, but are not limited to, an injury to her jaw, including the left temporomandibular joint, for which she underwent arthrocentesis and for which she is expected to undergo additional surgical procedures, as well as injuries to her neck, back, legs, and knees. COUNT JESSICA CHOI V. KRAIG S. KELLER 8. Paragraphs 1 through 7 of this Complaint are incorporated herein by reference. 9. Plaintiff Jessica Choi's injuries as alleged herein were a direct and proximate result of the negligence of Defendant Kraig S. Keller as set forth in paragraphs 11 through 18 below. 10. As a direct and proximate result of his negligence as set forth in paragraphs 11 through 18 below, Defendant Kraig S. Keller is liable to Plaintiff Jessica Choi for the injuries alleged herein. 11. Defendant Kraig S. Keller failed to have his vehicle under such control as to have been able to stop within the assured cleared distance ahead. 12. Defendant Kraig S. Keller failed to keep alert and failed to maintain a proper watch for the presence of other motor vehicles on the roadway. 13. Defendant Kraig S. Keller failed to apply his brakes in sufficient time to avoid striking the rear of Plaintiff's vehicle. 14. Defendant Kraig S. Keller failed to travel at a safe speed. 15. Defendant Kraig S. Keller failed to keep proper and adequate control over the vehicle that he was operating at the time of the accident. 16. Defendant Kraig S. Keller allowed the vehicle that he was operating to strike the rear portion of the vehicle Plaintiff was riding in as a passenger. 2 17. Defendant Kraig S. Keller failed to drive his vehicle with due regard for the highway and traffic conditions that were existing at the time of the accident and of which he was, or should have been, aware. 18. Defendant Kraig S. Keller drove his vehicle upon the roadway in a reckless manner with careless disregard for the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 19. As a direct and proximate result of Defendant Kraig S. Keller's negligence as set forth above, Plaintiff Jessica Choi suffered injuries that include, but are not limited to, her jaw, including the left temporomandibular joint, for which she underwent arthrocentesis and for which she is expected to undergo additional procedures, as well as injuries to her neck, back, legs, and knees. 20. As a direct result of the aforesaid injuries, Plaintiff Jessica Choi has incurred, and will in the future incur, medical and rehabilitation expenses, and claim is made therefor. 21. As a direct result of the aforesaid injuries, Plaintiff Jessica Choi has undergone, and in the future will undergo, great physical and mental pain and suffering, great inconvenience in carrying out her daily activities and a loss of life's pleasures and enjoyment, and claim is made therefor. 22. As a direct result of the aforesaid injuries, Plaintiff Jessica Choi has been, and in the future will be, subject to humiliation and ridicule, and claim is made therefor. 23. As a direct result of the aforesaid injuries, Plaintiff Jessica Choi has sustained a loss of earning power and earning capacity, and claim is made therefor. 3 24. As a direct result of the aforesaid injuries, Plaintiff Jessica Choi missed time from college classes, resulting in lost tuition, a prolonged education and additional college expenses, and claim is made therefore. WHEREFORE, Plaintiff Jessica Choi demands judgment against Defendant Kraig S. Keller for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, NAU TS Y, ON& W SKI L David . Wisneski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: June 17, 2013 4 VERIFICATION I, Jessica Choi, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the provisions of 18 Pa. C.S. §4904, relating to the unsworn falsification to authorities. ssica Choi Date: ��¢�13 13 CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson&Wisneski LLP,hereby certify that a true and correct copy of the foregoing Complaint was served upon the following persons via first-class United States mail,postage prepaid on June 20, 2013: George H. Eager, Esquire Eager, Stengel, Quinn&Sofilka 1347 Fruitville Pike Lancaster,PA 17601-4001 Counsel for Defendant LAc Lois Stauffer VU ' T_r iL ORIGINAL 4 113 J(UL 3D �*1 I0. 4 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JESSICA CHOI, Plaintiff NO. 13-2695 2QU 8 V. KRAIG S. KELLER, JURY TRIAL DEMANDED Defendant ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 2. Admitted. 3-4. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 5. Admitted. 6-7. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). COUNT JESSICA CHOI v KRAIG S. KELLER 8. Paragraphs 1 through 7 of Defendant's Answer are incorporated herein by reference as though fully set forth. 9-24. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Answering Defendant respectfully demands judgment in his favor and against all other parties together with the costs of this action. NEW MATTER 25. Paragraphs 1 through 24 inclusive above are incorporated herein by reference and made a part hereof. 26. Plaintiff's recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby asserts all of the rights and defenses available to him under the aforementioned act. 27. Plaintiff's claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 28. Plaintiff's claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 29. Plaintiff's claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 30. Plaintiff's claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and Q) payment. WHEREFORE, Answering Defendant respectfully demand judgment in his favor and against all other parties together with the costs of this action. EAGER, STENGEL, QUINN & SOFILKA DATE: 9.9 b3 BY: George H. Eage , squire Attorney for D dant I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, KRAIG S. KELLER, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answer with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. / . I KR S. KELLER Dated: _13 CERTIFICATE OF SERVICE HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David Wisneski, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE:. rI a c) h3 BY: Georg . Eager, ire Attorney for Def d nt I.D. No. 2774 1347 Fruitville ike Lancaster, PA 17601 (717) 290-7971 20i3j JUL 30 A',110: 148 CUMBERLAND COUNITY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JESSICA CHOI, Plaintiff NO. 13-2690 oZ V. KRAIG S. KELLER, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David Wisneski, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: 7 R BY: George H. Eager, qui Attorney for Def ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL 20134t 30 A,'-1100; C1j'kj8ERL'q N.D P[- . NIVS YL Vj�tj IAA T Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JESSICA CHOI, Plaintiff NO. 13-29W V. KRAIG S. KELLER, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David Wisneski, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: BY: Ge p e H. Eager,,5 uire Attorney for Der/u ant I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA CHOI, � Plaintiff NO. 13-2908 Civil Term V. CIVIL ACTION—LAW >C= KRAIG S. KELLER, to Defendant JURY TRIAL DEMANDED " PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT AND NOW, comes the Plaintiff, Jessica Choi, by and through her attorneys, Navitsky, Olson & Wisneski LLP, and hereby enters the following Reply to the New Matter of Defendant, Kraig S. Keller, to Plaintiff's Complaint: 25. No responsive pleading is required. To the extent that a response is deemed necessary, the allegations contained in paragraphs 1 through 24 of Defendant's New Matter, to the extent that they do not admit the allegations contained in the corresponding paragraphs of Plaintiff's Complaint, are denied pursuant Pa. R.C.P. 1029(e). 26. Denied in accordance with Pa. R.C.P. 1029(e). 27. Denied. The incident giving rise to Plaintiff's claim took place on July 10, 2011. Plaintiff filed suit on May 21, 2013, and effectuated timely service upon Defendant promptly thereafter. Accordingly, Plaintiff's claims are in no manner barred and/or limited by the applicable statute of limitations. 28. Denied. As of the time of the accident, the Plaintiff was insured under her parents' State Farm auto policy, which provided for the full tort option. Accordingly, Plaintiff's claims are in no manner barred and/or limited by the tort threshold of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A.§1701, et seq. To the extent that any r. further response is deemed necessary, the allegations contained in paragraph 28 of Defendant's New Matter are denied in accordance with Pa. R.C.P. 1029(e). 29. Denied in accordance with Pa. R.C.P. 1029(e). 30. Denied in accordance with Pa. R.C.P. 1029(e). WHEREFORE, Plaintiff respectfully requests that the New Matter of Defendants be dismissed, and that that judgment be entered in favor of Plaintiff. Respectfully submitted, NAV SK , O N& WI SKI LLP Da id S. Wis ski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: August 1, 2013 2 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN I, David S. Wisneski, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiff and that I am authorized to make this Affidavit on behalf of said Plaintiff, and that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief or, are true and correct based on the information obtained from the Plaintiff. N Date: 0? lod-1/5 David S. Wisneski Sworn to and subscribed before me this day of k$LQS-� , 2013. Notary Public ! tais EN,,,� n M y Commisslen MBA 2017 My Commission expires: R�-,s, ,w • CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson&Wisneski LLP,hereby certify that a true and correct copy of the foregoing Plaintiffs Reply to New Matter of Defendant was served upon the following persons via first-class United States mail,postage prepaid on August 2, 2013: George H. Eager,Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster,PA 17601-4001 Counsel for Defendant Lois Stauffer O GI AL 014JAN 29 A, !C: fit. cbliBERL D COLl PENNS YLY- IN THE COURT OF COMMON PLEAS OF CumbERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JESSICA CHOI, • 13-Jq O S Plaintiff • NO. 13-298 v. • • KRAIG S. KELLER, • JURY TRIAL DEMANDED Defendant • CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant 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:Oj a7 J) i3! Georg- H. Eage uire Attorney for D- - dant I.D. No. 277, 0 1347 Fruit e Pike Lancaster, PA 17601 (717) 290-7971 l 1 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Jessica Choi Court of Common Pleas vs. Kraig S. Keller 13-2908 Civil Term NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Oral & Maxillofacial Surgery- University of Pennsylvania Radiology Oral & Maxillofacial Surgery- University of Pennsylvania Medical Magnetic Imaging Center All available Holy Spirit Hospital Medical University of Pittsburgh Department of Medicine Employment Tan and Garcia Pediatrics All available UPP General Internal Medicine All available University of Pittsburgh Medical Center Radiology University of Pittsburgh Medical Center Medical UPMC Presbyterian Hospital Radiology UPMC Presbyterian Hospital Medical Orthopedic Institute of Pennsylvania All available Patient First - Mechanicsburg All available Albert Apicella, DDS All available Oral & Maxillofacial Surgeons All available Holy Spirit Hospital Radiology TO: David Wisneski, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire 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. Date of Issue: 12/19/2013 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn &Sofilka - Court George H. Eager, Esquire of Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR JESSICA CHOI VS. KRAIG S. KELLER County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Wisneski, Esquire, 2040 Linglestown Road Suite 303 Harrisburg PA 17110 P: Opposing David 717-541-9205 F: 717-541-9206 Counsel • CO111ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jessica Choi Pile No. 13-2908 Civil Term VS. Kraig S. Keller SUBPOENA TO PRODUCE DOCUMENTS OR TEINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Oral & Maxillofacial Surgery - University of Pennsylvania - Radiology (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 for instructions. • at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail Iegible copies of the documents or produce things requested by this subpoena,together with the certificate cif 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 ordef compelling you to comply with it THIS SUBPOENA WAS ISSUED AT TIE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR: Defense BY TEE COURT: thonotary, r'�visiofl Date: /(2 1I 3 /1 , 121 . _I.l/,t 1 I_III Seal of ti Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Oral & Maxillofacial Surgery - University of Pennsylvania 5 White 3400 Spruce Street Philadelphia PA 19104 Attention: Radiology Films Library Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2002 to present, including X-Rays, MRI, and CT scans. • • • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CT314BERLAND Jessica Choi • P}lello. 13-2908 Civil Term VS. Kraig S. Keller SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Oral & Maxillofacial Surgeons (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to prorime the following docents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party roakiug 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: George H. Eager, Esquire ADDRESS:1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR: Defense Y T B COURT: • LL • • Prothono r CiAg:visiort Date: •. A '// 1// - 1 . 411 1 ♦_Iia Se. of Court Deputy • • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Oral & Maxillofacial Surgery- University of Pennsylvania 5 White 3400 Spruce Street Philadelphia PA 19104 Attention: Medical Records Correspondence Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/2002 to present, including records, charts, test results, reports, correspondence, office notes, patient intake forms, and computerized records. • COi\4MONWEALTH OF PENNSYLVANIA COUNTY OF CUMI3ERL&ND Jessica Choi • File No. 13-2908 Civil Term vs. Kraig S. Keller • • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: 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 for instructions. at Litigation Solutions, LLC, 101'Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things•required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it • THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA1vv: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 2774° ATTORNEY FOR: Defense THE COURT: Prothona r C ivisiou Date: ii. * 11 ' 11. I /JM Sea of :e curt Deputy • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Magnetic Imaging Center c/o Holy Spirit Hospital 503 North 21st Street Camphill PA 17011 Attention: Records Department Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: a complete copy of any and all documents in your possession (01/01/2002 to present) regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists. COMMONWTEAL E OF PENNSYLVANIA COUNTY OF CUIYMERLA.ND Jessica Choi File No. 13-2908 Civil Term VS. Kraig S. Keller SUBPOENA TO PRODUCE DOCUMENTS OR THThGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital - Medical Records (Name of Person or Entity) • Within twenty(20)days after service of this subpoena,you are ordered by the court to prortnre the following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order'compelling you to comply with it • THIS SUBPOENA WAS ISSUED AT TEE REQUEST OF TEE FOLLOWING PERSON: • l`1AME: George H. Eager, Esquire ADDBESS,:1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR: Defense BY THE COURT: / Prothonotary, ' . v ivisiou Date: l J� 11 ' �� � 11l_1. 4%A1 Seal f e Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Medical Records Correspondence Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/2002 to present, including records, charts, test results, reports, correspondence, office notes, patient intake forms, and computerized records. • C011W1v/ONWEALTE OF PENNSYLVANIA COUNTY OF CUMBERLAND Jessica Choi File�� 13-2908 Civil Term VS. Kraig S. Keller • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: University of Pittsburgh Medical Center - Medical Records • (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 Chines: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order'compelling you to comply with it - TFIIS SUBPOENA WAS ISSUED AT TEE REQUEST OF THE FOLLOWING PERSON: NANIE: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR Defense BY{ THE COURT: thonotary C' .an ivisiort id Date: / / •j , Seal th Court Deputy • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: University of Pittsburgh Department of Medicine 200 Lathrop Street Room S3470 BST Pittsburgh PA 15261 Attention: Human Resources Department Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Complete copy of employment files from 1/1/2010 to present: Application ; Payroll ; Attendance ; Performance ; Reviews ; Disciplinary ; Worker's Comp ; Medical ; Excuses ; Physicals ; Termination, computerized records, etc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jessica Choi •• File No. 13-2908 Civil Term VS. Kraig S. Keller SUBPOENA TO PRODUCE DOCU1\fE PTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: UPP General Internal Medicine (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 throes: See attached rider for instructions. atLitigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court ordee compelling you to comply with,it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: • MAtyfE: George H. Eager, Esquire ADDRESS:1347 Fruitville Pike • Lancaster, PA, 17601 • TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR: Defense BY TEE COURT: •thonotary, • • +ivisiott Date: ega // , Jr ' yt• . lei • .Lt/ Seal o the •urt Deputy • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: UPP General Internal Medicine UPMC Montefiore, 9 South 3459 Fifth Avenue Pittsburgh PA 15213 Attention: Records Department Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND Jessica Choi File No. 13-2908 Civil Term VS. Kraig S. Keller SUBPOENA TO PRODUCE DOCUMENTS OR T1iGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: UPMC Presbyterian Hospital - Radiology (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 for instructions. • Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party•serving this subpoena may•seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT TIE REQUEST OF'niE FOLLOWING PERSON: • NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 T LEPHON$: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR: Defense BYTE COURT: bitEED.—b—I3LIELL Prothono r , Y]Y1310II. Date: /02/1 1 A.:11 t& a i t ,4 . ... Seal of th Court Deputy • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: UPMC Presbyterian Hospital The Melwood Building 200 Lothrop St. Pittsburgh PA 15213 Attention: Radiology Films Library Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2002 to present, including X-Rays, MRI, and CT scans. • COM240NWEALTEE OF PENNSYLVANIA COUNTY OF CUMBERLAND Jessica Choi File No. 13-2908 Civil Term VS. • Kraig S. Keller • SUBPOENA TO PRODUCE DOCUMENTS OR TECCNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: UPMC Presbyterian Hospital - Medical Records (Name of P erson or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following doc»rnumts or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things•required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order'compelling you to comply with it • T.EUS SUBPOENA WAS ISSUED AT ME REQUEST OF THE FOLLOWING PERSON: • • NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike • Lancaster, PA, 17601 • TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR Defense BY TIM COURT: haNtID • 0 Frothono• - aivisio�t. Date: • 11 AG V. Ail_.�_� Seal of the ourt i eputy • • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: UPMC Presbyterian Hospital The Melwood Building 200 Lothrop St. Pittsburgh PA 15213 Attention: Medical Records Correspondence Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/2002 to present, including records, charts, test results, reports, correspondence, office notes, patient intake forms, and computerized records. CONEVON4VEALTH OF PENNSYLVANIA COUNTY OF CUIVMERLAND Jessica Choi • File No. 13-2908 Civil Term VS. • Kraig S. Keller • • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 • TO: University of Pittsburgh Department of Medicine (Name of Person or Bnlity) 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 for instructions. • at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of complian •e,to the party making this request at the address listed above. You have the right to seep 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: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR: Defense Y TEE COURT: • • Prothono r , 'ivisiou Date: _ k Ai Ara _4! ►g t a a_ AS Seal o ,e • Deputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: University of Pittsburgh Medical Center 3501 Terrace Street Pittsburgh PA 15261 Attention: Medical Records Correspondence Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/2002 to present, including records, charts, test results, reports, correspondence, office notes, patient intake forms, and computerized records. COMMONWEALTH OF PENNSYLVANIA COUNTY OFCUMBERLAND Jessica Choi lleN0. 13-2908 Civil Term VS. Kraig S. Keller + SUBPOENA TO PRODUCE DOCUMENTS OR TIDINGS FOR DISCOVERY RY PURSUANT TO RULE 4009.22 TO: University of Pittsburgh Medical Center - Radiology (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 for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) ' You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed • above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. . If you fail to produce the documents or things required by this subpoena within twenty(20)days after.its service,the party serving this subpoena may'seek a court order'compelling you to comply with it THIS SUBPOENA WAS ISSUED AT TEE REQUEST OF THE FOLLOWING PERSON: . • NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 • TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR Defense Y'IRE COURT: Prothonotary .�L I tary Ci Division • Date: �� /l /.� /1.'1/ ' 11 0 id. a_a.•J►• S I o the Court Deputy . Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: University of Pittsburgh Medical Center 3501 Terrace Street Pittsburgh PA 15261 Attention: Radiology Films Library Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2002 to present, including X-Rays, MRI, and CT scans. • COMIvi.ONWEALTH OF PENNSYLVANIA COUNTY OF CTTNSBERLAND Jessica Choi File No. 13-2908 Civil Term VS. • Kraig S. Keller • • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tan and Garcia Pediatrics (Name of Person.or Entity) Within twenty(2D)days after service of this subpoena,you are ordered by the court to produce the following documents or things: See attached rider for instructions. • at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things•required by this subpoena within twenty(20)days afterits service,the party'serving this subpoena may'seek a count ordet compelling you to comply with,it • TEUS SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR: Defense BY THE COURT: bvut . PauiL Prothonotary, i •vision Date: )?)1ij13 'J( is ails $Seal o the urt i puty • • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Tan and Garcia Pediatrics 153 S. 32nd Street Camp Hill PA 17011 Attention: Records Department Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to Present. regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists • coi1e "ONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND Jessica Choi File No. 13-2908 Civil Term VS. Kraig S. Keller SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009/2 TO: Orthopedic Institute of Pennsylvania (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 for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail Iegible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party malting this request at the address listed shave. 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 ordee compeltmg you to comply with it THIS SUBPOTrNA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: • NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEYFOR• Defense BY THE COURT: Prothonotary,Ci. ,•vision Date: /c r 1 '/! ' ' t. .11) ,tt_A 1,,111 Seal f the ourt Deputy • • Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Orthopedic Institute of Pennsylvania 3399 Trindle Road Camp Hill PA 17011 Attention: Records Department Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists COMIviONWEALTH OF PENNSYLVANIA COUNTY OF C`( BERLAND Jessica Choi File No. 13-2908 Civil Term VS. Kraig S. Keller • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009/2 TO: Patient First - Mechanicsburg (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 for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail Iegible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party malting 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 TILES SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: • TIE1No: George H. Eager, Esquire A,D1RESS• 1347 Fruitville Pike Lancaster, PA,TELEpHoNE: 717-290-7971 • SUPREME COURT 11)# 27740 ATTORNEY FOR Defense BY THE COURT: • vTh T11tL LL. Prothonotary, ,.vision /air ji Date: / /► f/ ! 1r !�_ 1/t.� • • Seal o the Court i eputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Patient First - Mechanicsburg 107 South Sporting Hill Mechanicsburg PA 17050 Attention: Records Department Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists • i r ■ COA'"ONWEEALTH OF PENNSYLVANIA COUNTY OF CU BERIAI1D Jessica Choi File No. 13-2908 Civil Term VS. Kraig S. Keller • • SUBPOENA TO PRODUCE DOCUMENTS OR.THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Albert Apicella, DDS (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 for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail Iegible 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 • MIS SUBPOENA WAS ISSUED AT TEE REQUEST OF THE FOLLOWING PERSON: • • NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike • Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR Defense Y TEE COURT: POIJS \ e • Prothono• , I ivisiou Date: Q ,t l 3 ,- 11 1. .a ,b_.r1. seal f Court •eputy • 4 ' 1 Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Albert Apicella, DDS 400 East Main Street Mechanicsburg PA 17055 Attention: Records Department Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists 4 • • C011 {ON•WE.ALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jessica Choi File No. 13-2908 Civil Term VS. Kraig S. Keller • SUBPOENA TO PRODUCE DOCUMENTS OR TEENGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Oral & Maxillofacial Surgery - University of Pennsylvania - Medical Records • (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 for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed • above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things-required by this subpoena within twenty(20)days after its service,the party serving this subpoena may Seek a court order compelling you to comply with it • THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAML: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 2774° ATTORNEY FOR: Defense Y TEE COURT: n $ Prothonotary,Civil o a ivisiorr Date: ri I, . I/ >i� Seal f the Court Deputy • • , , Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Oral & Maxillofacial Surgeons 207 S. 32nd Street Camp Hill PA 17011 Attention: Records Department Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists , • 4 • • CON240NWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jessica Choi • File No. 13-2908 Civil Term VS. Kraig S. Keller SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital - Radiology (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 for instructions. • at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed • above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought if you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court ordet compelling you to comply with it • IBIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. ERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTORNEY FOR Defense Y THE COURT: .71311__ELL. Prothonotary,Ci " 91, ion Date: • • ' Al /..,Ia1 • A_i Seal of the Court D-.uty Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Radiology Films Library Subject: Choi, Jessica SS#: 4956 Date of Birth: 05/08/1992 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2002 to present, including X-Rays, MRI, and CT scans. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David Wisneski, Esquire Navitsky, Olson &Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: 01 l 71) BY: George . Eager, squire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971