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HomeMy WebLinkAbout05-2318IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Action - JURY TRIAL DEMANDED Kathleen Seiderer and James F. Seiderer, Kai Twanmoh her husband 2421 Haddon Hurst Ct 256 East Chestnut St. Fallston, MD 21047 Jonestown, PA 17038 Versus PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney ( X )Sheriff Shollenberoer & Januzzi LLP 2225 Millennium Way ure A rney Enola Pa 17025 (717) 728-3200 _ Supreme Court ID No. 34343 Date: 6I -?, 105 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMEN ED AN ACTION AGAINST YOU. Jj Prothon ry Date: ?17rftS by 'J Deputy ( ) Check here if reverse is issued for additional information ?? ?'`• ?. ?. ??+1 (V? •t ?? ?. c? ?? ??? ?? ?^, ?' ?`y. Y? 5-? ^5 ^ 4? 1, ? ? . ri? .': , ? _.? = ?. t ? . 3 1 Gr, ,. ?: `r. r' 4f N .._ O SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER and JAMES F. SEIDERER, Plaintiffs V. KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED On May 12, 2005, I, Timothy A. Shollenberger, Esquire, caused to be served on KAI TWANMOH, a Writ of Summons in the above captioned matter, via certified mail/return receipt requested pursuant to Pa. R.C.P. No. 404. A Praecipe for Writ of Summons was filed in Cumberland County on May 5, 2005. A copy of said Writ was returned to our office so that we may effectuate service on out-of-state Defendant, KAI TWANMOH. The Writ was received at 2421 Haddon Hurst Court, Fallston, Maryland on May 16, 2005. The green signature card is attached hereto as "Exhibit A". The green signature card was returned to the offices of Shollenberger & Januzzi, LLP on May 18, 2005, signed by Darren Twanmoh. I verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 1 4904 relating to unsworn falsificati 7I?(1L? t 2G 200S Sworn to and subscribed before me this th day of 2005. otary P lic imih SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 KATHLEEN SEIDERER and JAMES F SEIDERER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED On May 12, 2005, I, Timothy A. Shollenberger, Esquire, caused to be served on KAI TWANMOH, a Writ of Summons in the above captioned matter, via certified mail/return receipt requested pursuant to Pa. R.C.P. No. 404. A Praecipe for Writ of Summons was filed in Cumberland County on May 5, 2005. A copy of said Writ was returned to our office so that we may effectuate service on out-of-state Defendant, KAI TWANMOH. The Writ was received at 2421 Haddon Hurst Court, Fallston, Maryland on June 13, 2005. The green signature card is attached hereto as "Exhibit A". The green signature card was returned to the offices of Shollenberger & Januzzi, LLP on June 15, 2005, signed by Kai Twanmoh. I verify that the statements made in this Affidavit of Service 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: 60*16 O Sworn to and subscribed before me this Aik_th day of Ju h Q. , 2005. 6 tary Pu IV s NO7AN& JMM:EH I 7%0018 Nary Pubk C1 o bn ExOm Jury IS, M ?_____ ;-, ?> CJ Ctf ?~??? 1. ^? n? .. ?_? T 1:7 'ry?-iT ?? fL ! T'r (") rr i _? ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KATHLEEN SEIDERER and JAMES F. SEIDERER, NO.: 05-2318 Plaintiffs V. KAI TWANMOH, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Reinaker & Spinello as attorney of record on behalf of Defendant in the above captioned action. EAGER, REINAKER & SPINELLO 'l BY; George H. Ea er, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA. 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Timothy Shollenberger, Esquire Shollenberger & Januzzi 2225 Millenium Way Enola, PA 17025 EAGER, REINAKE.R & SPINELLO DATE: ?3 DS BY: Geo a H. Eager, uire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 C? c? n ?- cry _a f ? r? ??J f rJ {Y ? {`4? +? / • ':? W ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KATHLEEN SEIDERER and JAMES F. SEIDERER, NO.: 05-2318 Plaintiffs V. KAI TWANMOH, JURY TRIAL DEMANDED Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO: Curtis R. Long, 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. DATE: I L EAGER, REINAKER & SPINELLO BY: George W Eager, f-s Attorney for Defend t I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 AND NOW, this)s day ofJu L above directed. 2005, a Rule has been entered upon the Plaintiff as Prothonotary 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: Timothy Shollenberger, Esquire Shollenberger & Januzzi 2225 Millenium Way Enola, PA 17025 EAGER, REINAKER & SPINELLO DATE: 7 ?lSr BY: Georg .Eager gre ? Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 C1 ~7 L? t;tT ?rr. ?r- SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER and JAMES F SEIDERER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-:2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED court. If you wish to defend against the claims set following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs KATHLEEN SEIDERER and JAMES F. SEIDERER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriorment% el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, VAYA A O LLAME POR TELI=FOND LA OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEERLE INFORMAC16N A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACIbN SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER and JAMES F SEIDERER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, come the Plaintiffs, Kathleen Seiderer and James F. Seiderer, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Kathleen Seiderer, is an adult individual who currently resides at 256 East Chestnut Street, Jonestown, Lebanon County, Pennsylvania. 2. Plaintiff, James F. Seiderer, is an adult individual who currently resides at 256 East Chestnut Street, Jonestown, Lebanon County, Pennsylvania. 3. Plaintiffs, Kathleen Seiderer and James F. Seiderer, are husband and wife having been married on October 23, 1992. 4. Defendant, Kai Twanmoh, is an adult individual whose last known address is 2421 Haddon Hurst Court, Fallston, Maryland 21047. 5. The facts and circumstances hereinafter set forth took place on Friday, October 31, 2003, at or about 11:40 a.m. on the entrance ramp to SR581 Camp Hill Borough, Cumberland County. 6. At the aforesaid time and place, Plaintiff, Kathleen Seiderer, was the operator of a 2001 Pontiac Sunfire. 7. At the aforesaid time and place, Defendant, Kai Twanmoh, was the operator of a 1997 Honda Accord. 8. Plaintiff, Kathleen Seiderer, was operating the Pontiac Sunfire eastbound on the entrance ramp to State Route 581. 9. Defendant, Kai Twanmoh, was operating the Honda Accord eastbound on the same entrance ramp as the Plaintiff and her vehicle, but to her and its rear. 10. Plaintiff, Kathleen Seiderer, was forced to bring the Sunfire to a stop in order to safely merge on to State Route 581. 11. After she did so, the Defendant, Kai Twanmoh, did not observe that the Sunfire was stopped and crashed into its rear. 12. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Kai Twanmoh, in operating the Honda Accord in a careless, reckless, manner as follows: a. In failing to observe Plaintiff's vehicle on the highway; b. In permitting or allowing the vehicle to strike and collide with the rear of the vehicle operated by the Plaintiff; C. In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; d. In failing to keep a reasonable lookout for other vehicles lawfully on the road; e. Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of The PA Motor Vehicle Code; and f. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted her to bring her vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code. 13. As a result of the aforesaid collision, Plaintiff, Kathleen Seiderer, has suffered serious and permanent injuries, including but not limited to the following: a. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; b. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; C. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; d. Aggravation of preexisting degenerative disc disease of the cervical and lumbar spine; e. Post traumatic cervicogenic headache; f. Cervical and thoracic segmental dysfunction; g. Thoracalgia; h. Left cervical radiculitis; and Left shoulder injury. 14. As a direct and proximate result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has sustained scarring and disfigurement for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 19. As a further result of this collision, Plaintiff, Kathleen Seiderer, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 20. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has incurred or may hereinafter incur financial expenses and losses, which exceed sums recoverable under the limitation and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 21. Defendant, Kai Twanmoh, operated her motor vehicle at the time of this collision with the intention of injuring herself and her action was not for the purpose of averting harm to herself or another person. Therefore, Plaintiff, Kathleen Seiderer, remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. 22. Plaintiff, Kathleen Seiderer, was the named insured on a policy of insurance issued to her by Geico Insurance Company bearing policy number 0365-99-33-02, which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit A. Therefore, Plaintiff, Kathleen Seiderer, remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Kathleen Seiderer, demands judgment against Kai Twanmoh for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II JAMES F. SEIDERER V. KAI TWANMOH 23. Paragraphs 1 through 22 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 24. As a further result of injuries sustained by his wife, Plaintiff, James F. Seiderer has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. WHEREFORE, Plaintiff, James F. Seiderer, demands judgment against Defendant, Kai Twanmoh, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys fpr„Plaintfff , Date: JU/y 25 2005- 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attomevs for Plaintiff KATHLEEN SEIDERER and JAMES F. SEIDERER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED And now, this 2 S day of July, 2005, 1 hereby, certify that a true and correct copy of the foregoing Complaint has been served upon the following, Attorney for Defendant, via U.S. Mail: George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 SHOLLENBFPuGER & JANUZZI, LLP ?'? t"i t ? -?1 u" .-t :ir- ? r..l ', '?1'-. .=? r, -'YK _. 'r l ?t ? `) _ ? ,? ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KATHLEEN SEIDERER and JAMES F. SEIDERER, NO.: 05-2318 Plaintiffs V. KAI TWANMOH, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 6. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 7. Admitted. 8.-22. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. COUNT II (sic) JAMES F. SEIDERER v. KAI TWANMOH 23. Paragraphs 1 through 22 of Defendant's Answer are incorporated herein by reference as though fully set forth. 24. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. 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 her 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. WHEREFORE, Answering Defendant respectfully demand judgment in her favor and against all other parties together with the costs of this action. BY: EAGER, REWAKER & George H. E?6 e , Esc Attorney for endar I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, KAI TWANMOH, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the beat of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, I have railed upon counsel In making this Verification. I understand that 1 am subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities for any false statements mad herein. KKAITW NMOH Dated: 2& 05 EI1b0'd ML0Hd IL Md1SH Wd dd:b0 9002-£Z-9fld CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Timothy Shollenberger, Esquire Shollenberger & Januzzi 2225 Millenium Way Enola, PA 17025 EAGER, REINAKER & SPINELLO DATE: C79 BY: Attorney for Defey( 1, D. No. 27740 V 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 n.> ^1 ? -il rn fi;"T1 ! `r ^r? ? _ ?_ , ? i.? Ali :...) .. --? __ ?.'t G, ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KATHLEEN SEIDERER and JAMES F. SEIDERER, Plaintiffs V. KAI TWANMOH, Defendant NO.: 05-2318 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Timothy Shollenberger, Esquire Shollenberger & Januzzi 2225 Millenium Way Enola, PA 17025 EAGER, REINAKER & SPINELLO DATE: BY: George H. Eager, uire Attorney for Defen ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 f to az `C1 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KATHLEEN SEIDERER and JAMES F. SEIDERER, Plaintiffs V. KAI TWANMOH, Defendant NO.: 05-2318 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Timothy Shollenberger, Esquire Shollenberger & Januzzi 2225 Millenium Way Enola, PA 17025 EAGER, REINAKER & SPINELLO DATE: ?21 Le OJ BY: George H. Eager, E wire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 r' f_t ?-? -;l r'. ' ^ .-1 r.^Y ?t,? y\., 1 ?'l (.? `?J G'1 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER and JAMES F SEIDERER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTON - LAW JURY TRIAL DEMANDED AND NOW COMES THE PLAINTIFF'S, KATHLEEN SEIDERER and JAMES F. SIDERER, by and through their attorney, SHOLLENBERGER AND JANUZZI, LLP, files this Reply to New Matter of DEFENDANT, KAI TWANMOH, and, in support thereof, respectfully represents the following: Paragraphs 1 through 22 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 25. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 26. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 27. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 28. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 29. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiffs respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: Tim A. Shollenberger, Esquire Attorney I.D. #34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER and JAMES SEIDERER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED And now, this 27- day of September 2005, 1 hereby certify that a true and correct copy of the foregoing Reply to New Matter has been served upon the following, Attorney for Defendant, via U.S. Mail: George H. Eager Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17061 SHOLLENBERGER & JANUZZI, LLP ? r By: i t Al h enberger, Esquire ?? n c? -+, _ cn ?} .T -n (Y1 r.. ?1 ?y\J r L `? V ???? ?. ?'\ ` ? j l ra ; ?71 l -_? , . _ c r . ?.. ?.y ORIGINAL C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KATHLEEN SEIDERER and JAMES F. SEIDERER, Plaintiffs V. KAI TWANMOH, Defendant NO.: 05-2318 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. Defendant 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: 03 C George H. Eager, E uire Attorney for Defent I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 SUBPOENA NOTICE OF INTENT PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND KATHLEEN SEIDERER & JAMES F. SEIDERER, Plaintiffs CIVIL ACTION - LAW VS. KAI TWANMOH, Defendant 05-2318 Page 1 of 5 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Lebanon Internal Medicine Associates, P.C. All available FAVA Eye Care Associates All available lack L. Guilliams, D.C. All available Lebanon Open MRI All available Pennsylvania Spine Institute All available 3. Kent Wagner, M.D. All available Arlington Orthopedic Group All available PRISM All available Pennsylvania Neurological Associates, Ltd. All available Good Samaritan Hospital Medical United Cerebral Palsy of Central Pennsylvania Employment Lebanon Valley Family Medicine All available GSH Imaging Center All available Penn State Milton S. Hershey Medical Center Medical Good Samaritan Hospital Radiology Good Samaritan Hospital Mental Health Penn State Milton S. Hershey Med Radiology Penn State Milton S. Hershey Med Mental Health TO: Timothy Shollenberger, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, Inc. ('LSI') 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: 2/21/2006 Litigation Solutions, Inc. on behalf of: CC: George H. Eager, Esquire - CIVIL ACTION - LAW George H. Eager, Esquire http://rats.litsol.com/ratsevents/notice_of intent.asp?save_report_to_db=X&PLid=PL1671... 2/21/2006 SUBPOENA NOTICE OF INTENT If you have any questions regarding this matter, please contact: Litigation Solutions, Inc. (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Page 2 of 5 http://rats.litsol.com/ratsevents/notice_of intent. asp?save_report_to_db=X&PLid=PL1671... 2/21/2006 SUBPOENA NOTICE OF INTENT Page 3 of 5 COUNSEL LISTING FOR KATHLEEN SEIDERER & JAMES F. SEIDERER, PLAINTIFFS VS. KAI TWANMOH, DEFENDANT County of CUMBERLAND CIVIL ACTION - LAW Counsel Firm Counsel Type Shollenberger, Esquire, Timothy 2225 Millenium Way Enola PA 17025 Opposing Counsel http://rats.litsol.comlratseventslnotice_of intent.asp?save_report_to_db=X&PLid=PL 1671... 2/21/2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHLEEN SEIDERER & JAMES F SEIDERER, Plaintiffs VS. KAI TWANMOH, Defendant File No.() G z l a SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ar >-ng on r ame 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: P;FAS-; SEE ATTA( HFD RIDER at 101 Towne Square ay, but A ess) 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 ADDRES?ea,Qe fl 13a-gar Fglli re 134:7 Frktitvlmlig SUPREME COUR T II I- P 9 e_ 7 Q 71 ATTORNEY FOR: 27740 Defense Date:. 1q, oZQ7(, 2SMbcf 2* (Court BY THE CO ProthoP tart', CiviLDiV- ion Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Arlington Orthopedic Group 845 Sir Thomas Court Suite 3 Harrisburg PA 17109 Attention: Records Department Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/95 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. http://rats.litsol.com/ratsevents/subpoena_rider.asp?PLid=PL 167199& WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA KATHLEEN SEIDERER & JAMES F. COU],aYOF CUMBERLAND SEIDERER, Plaintiffs VS. File No. 05-2318 KAI TWANMOH, Defendant _ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TOFAVA Ede carp AssoCiates (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: PLEASE SEE ATTACHED RIDER at ittsburgh, PA 15227 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: ADDR.E eorge e rui vi YtkZ- Lancaster , il?DUI TELEPHONE: SUPREME couitt h7 ATTORNEY FOR e e s /y Date: L2, L ea] of the Court BY THE COUP Prothono ry, Civil ' ' ' n 7 Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: FAVA Eye Care Associates 875 Norman Drive Lebanon PA 17402 Attention: Records Department Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/95 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. http://rats.litsol.com/ratsevents/subpoena_rider.asp?PLid=PL 167194&WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHLEEN SEIDERER & JAMES F. SEIDERER, Plaintiffs VS. File No. n5-9318 KAI TWANMOH, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO •ta gncn;ral - 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: E SEE-ATTACHED RIDER at. caa.,. 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: NAME: ADDRES6eorge Eager, e 1347 FruitVl e z Lancaster PA, TELEPHONE: SUPREME CO - ATTORNEY FOR: _ Defense d?i y"?oG Date: Sea o e ourt BY THE COURT Prothonotary, Civil Diyvj Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Good Samaritan Hospital 4th & Walnut Streets Lebanona PA 17042 Attention: Medical Records Correspondence Patient: Seiderer, Kathleen SS#: 081-44-2173 Date of Birth: 4/22/1995 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/95 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records; Pertinent file including, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray reports & films on Plaintiff Kathleen Seiderer; also to be included are pain clinic and psychiatric records. http: //rats.litsol.com/ratseventslsubpoena_rider.asp?PLid=PL 167202& WRid=W 827401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA KATHLEEN SEIDERER & JAMES F. COUNTY OF CUMBERLAND SEIDERER, Plaintiffs VS. KAI TWANMOH, Defendant File No. 09-2318 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 --t-'ncd Saffiar:it;aa--kta.°n,ra - tcdul"Vgv (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; PLEASE SEE'ATTACHED RIDER ' atta! Te6dne-Square TATa} 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: NAME ADDRESSieorge H. Eager, Esgtnre 1347 FruitvIlie Pike _Lancastex PA, 17601 TELEPHONE: SUPREME COM - ATTORNEY FOR: 27740 Defense o2/joj/p/p Date; ea a curt BY THE ppQURT: P P thonotary, Civ' visio SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Good Samaritan Hospital 4th & Walnut Streets P.O. Box 1281 Lebanon PA 17042 Attention: Radiology Films Library Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page 1 of 1 Requested Items: Please remit: Complete copy of any and all diagnostic films (1/1/95 to the present), including X-Rays, MRI, and CT scans; Pertinent file including, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray reports & films on Plaintiff Kathleen Seiderer; also to be included are pain clinic and psychiatric records. http://rats.litsol.com/ratsevents/subpoena_rider.asp?PLid=PL 167208& WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHLEEN SEIDERER & JAMES F. SEIDERER, Plaintiffs VS. File No. OS-9 i18 KAI TWANMOH, Defendant - SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO?aed Samaritan H nitat - Mental Health (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: PLEASE SEE-ATTACHED RIDER at. m _ o oa.,,. Rvi_te 2?) 1 pitt3burgh, PA 15227 ,'y .,,...._ -,-- - (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME ADDRES6QOrA H. ages Esquire 1347 Fruitville i e Lancaster PA, 17601 TELEPHONE: SUPREME COUR1 - ATTORNEY FOR., ziNO _ Defense Date: ea o e ourt BY THE COT: ' Pro onotary, Civ' Sion Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Good Samaritan Hospital 4th & Walnut Streets P.O. Box 1281 Lebanon PA 17042 Attention: Medical Records Correspondence Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page I of I Requested Items: Please remit: a complete copy of any and all mental health records (1/1/95 to the present), including records, charts, test results, reports, correspondence, office notes, and computerized records; Pertinent file including, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x- ray reports &films on Plaintiff Kathleen Seiderer; also to be included are pain clinic and psychiatric records. http://rats.litsol.comliatseventslsubpoena rider.asp?PLid=PLI67209&WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHLEEN SEIpERER & JAMES F. SEIDERER, Plaintiffs VS. File No. n5-29T8 KAI TWANMOH, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TOE (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: PLEASE SEE ATTACHED RIDER at__. _ m111 c,,ita 251-pittsburah 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: NAME: ADDRESR?orge H. Eager, zsquire 1347 Fruitville Pike T,ancaster PA, 17601 TELEPHONE: SUPREME COURT-W 0-79/1 ATTORNEY FOR: 2 / 740 Defense Date' 1 o e ourt BY THE COUR Prothon , Civ D}Y? ' utf Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: GSH Imaging Center 320 Oak Street Lebanon PA 17042 Attention: Records Department Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page I of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/95 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. http://rats.litsol.com/ratsevents/subpoena-rider.asp?PLid=PL167205&WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHLEEN SEIDERER & JAMES F. SEIDERER, Plaintiffs VS. File No. ns-9'i18 KAI TWANMOH, Defendant - SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: J. ? itu vvayi+ci, ...-- (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: PLEASE SEE'ATTACHED RIDER at _ I,- _a„ir. 9S1 Pittsburab, 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: NAME ADDRESSGeorae H. Eaqer, Esquire 1347 Fruitville Pike 1:,3n,Agt Pr PA. 17601 TELEPHONE: SUPREME COURT I D# 2 90-7 971 ATTORNEY FOR: 27740 Defense Date: BY THECOUR . Prothono , Civil Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: J. Kent Wagner, M.D. 1400 South Forge Road Suite 1 Palmyra PA 17076 Attention: Records Department Patient: Seiderer, Kathleen SS#: 081-44-2173 Date of Birth: 4/22/1995 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/95 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 • Mental health records. http://rats.litsol.com/ratseventslsubpoena_rider.asp?PLid=PL 167198& WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHLEEN SEIDERER & JAMES F. SEIDERER, Plaintiffs VS. File No. ()r)-2318 KAI TWANMOH, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TOE (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: PLEASE SEE-ATTACHED RIDER at 27 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 TEE FOLLOWING PERSON: NAME ADDRESSeorge H. ager, squ e 1347 Frui"" e PT-Fe- Lancaster PA, 17601 TELEPHONE: SUPREME COURT'h3 ATTORNEY FOR: 2,1740 _ Defense Date: ea o e curt BY THE COUTR 9 Prothonotf ry, Civil Dili Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Jack L. Guilliams, D.C. 103 South Center Street Fredericksburg PA 17026 Attention: Records Department Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/95 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 • Mental health records. http://rats.litsol.com/ratsevents/subpoena_rider.asp?PLid=PL 167195& WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHLEEN SEIDERER & JAMES F. SEIDERER, Plaintiffs VS. File No. n5-9418 KAI TWANMOH, Defendant - SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 L (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: PLEASE SEE ATTACHED RIDER at G ' to 951 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 parry 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. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDREOrge H. Eager, Esquire 1347 Fruitville Pike ranraster PA 17601 TELEPHONE: SUPREME COUpT1D #9 0 - ATTORNEY FOR: _ Defense Date: e o e ovrt BY THE OURT: (2 kllf?t? B othonotaryivision/ Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Lebanon Internal Medicine Associates, P.C. 508 Oak Street Lebanon PA 17042 Attention: Records Department Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/95 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 • Mental health records. http://rats.litsol.com/ratseventslsubpoena_rider.asp?PLid=PL 167193 & WRid=WR2740l 2/21/2006 COMMONWEALTH OF PENNSYLVANIA KATHLEEN SEIDEFER & JAMES F. COUNTY OF CUMBERLAND SEIDERER, Plaintiffs VS. KAI TWANMOH, Defendant File No. O5-2? 1R SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 - -- (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: PLEASE SEE ATTACHED RIDER at s= m ?r a rr ,, _ Svi to 251 Pittsburah. 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: NAME: ADDRES&orge H. Eager Esquire 1347 Fruitville Pike Lancaster PA, 17601 TELEPHONE: SUPREME COLJkY10 - ATTORNEY FOR-. 27/40 Defense Date: d/y?Ol4+ ea 117 e ourt BY THE QURT: ,C-' Divisio Pr thonotary Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Lebanon Open MRI 1033 Quentin Road Lebanon PA 17042 Attention: Records Department Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page I of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/95 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. http://rats.litsol.com/ratsevents/subpoena_rider.asp?PLid=PL 167196&WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA KATHLEEN SEIDERER & JAMES F. COUNTY OF CUMBERLAND SEIDERER, Plaintiffs vs. File No. o5-2318 KAI TWANMOH, Defendant _ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name or rerson or runty) Within. twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ATTACHED RIDER at, n, m....- wav. .Rni to 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: NAME: ADDREftorge H. Eager, zsquire 1347 Fruitvi e Pike Lancaster PA, 1 TELEPHONE: SUPREME CO - ATTORNEY FOR: 27740 _ Defense ,2V ?olo Date: ea o e ourt BY THE DURT: Pr thonotary,2i Divisi Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Lebanon Valley Family Medicine 1400 South Forge Road Palmyra PA 17078 Attention: Records Department Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/95 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 • Mental health records. http://rats.litsol.com/ratsevents/subpoena_rider.asp?PLid=PL 167204&WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA KATHLEEN SEIDERER & JAMES F. COUNTY OF CUMBERLAND SEIDERER, Plaintiffs VS. KAI TWANMOH, Defendant . File No. 05-2318 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (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: PLEASE SEE ATTACHED RIDER at?91-?eir??Grlua raa? Sn; tP 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: NAME: ADDREftorge H. Eager, E-3-Cj=e 1347 Fruitvi e i e Lancaster PA, TELEPHONE: SUPREME CO - ATTORNEY FOR: De end se Date: ea o e Cout BY THE CO T: , Pro, onotary, Ci ' ivision/ Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Penn State Milton S. Hershey Med 500 University Drive Hershey PA 17033 Attention: Radiology Films Library Patient: Seiderer, Kathleen SS#: 081-44-2173 Date of Birth: 4/22/1995 Page 1 of I Requested Items: Please remit: Complete copy of any and all diagnostic films (1/1/95 to the present), including X-Rays, MRI, and CT scans; Pertinent file including, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray reports & films on Plaintiff Kathleen Seiderer; also to be included are pain clinic and psychiatric records. http://rats.litsol.comlratsevents/subpoena-rider.asp?PLid=PL167210&wl id=VM7401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHLEEN SEIDERER & JAMES SEIDERER, Plaintiffs VS. KAI TWANMOH, Defendant TO: File No. nr)-2318 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Health Penn (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: PTFASE SEE'ATTACHED RIDER at 15227 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 ADDRES%a,nnP H. Eaaer, Esquire 3Z4-7 pr1litville Pike T SUPREMECOURT'M #290-7971 ATTORNEY FOR-- i-7 7 -74 0 Defense Date: BY THE C T: Pro notary, Ci ' tvision Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Penn State Milton S. Hershey Med 500 University Drive Hershey PA 17033 Attention: Medical Records Correspondence Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all mental health records (1/1/95 to the present), including records, charts, test results, reports, correspondence, office notes, and computerized records; Pertinent file including, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x- ray reports & films on Plaintiff Kathleen Seiderer; also to be included are pain clinic and psychiatric records. http://rats.litsol.com/ratsevents/subpoena_rider.asp?PLid=PL 167211 &WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHLEEN SEIDERER & JAMES F. SEIDERER, Plaintiffs vs. File No. n5-9318 KAI TWANMOH, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Tope cr rg mji t n s. Hershey Medical 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. m c..-,. relay. 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 TBE REQUEST OF THE FOLLOWING PERSON: NAME ADDBE91eorge H. Eager, s -re 1347 Fruitvi e i e Lancaster PA, 17601 TELEPHONE: SUPREME CO T ATTORNEY FOR: _ Defense Date: ea o e ourt BY THE CO: Protho otary, Civil- r ision i Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Penn State Milton S. Hershey Medical Center 500 University Drive Hershey PA 17033 Attention: Medical Records Correspondence Patient: Seiderer, Kathleen SS#: 081-44-2173 Date of Birth: 4/22/1995 Page I of 1 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/95 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records; Pertinent file Including, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray reports & films on Plaintiff Kathleen Seiderer; also to be included are pain clinic and psychiatric records. http://rats.litsol.com/ratseventslsubpoena_rider.asp?PLid=PL 167207&WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA KATHLEEN SEIDERER & JAMES F. COUNTY OF CUMBERLAND SEIDERER, Plaintiffs VS. File No. 05-2318 KAI TWANMOH, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TUp, , Neurn ogi cal Associates Lcc. (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: E SEE ATTACHED RIDER at PA 15227 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 ADDRE?orge H. Eager, Esquire 1347 ruitvi e i Lancaster PA, 11601 TELEPHONE: SUPREME CO ATTORNEY FOR e ense a/vIe6 Date: eal o e ourt T: , BY THE Pro onotary, Civ' rvision beputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Pennsylvania Neurological Associates, Ltd. 1109 Lowther Street Lemoyne PA 17043 Attention: Records Department Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page I of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/95 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. http://rats.litsol.cons/ratseventslsubpoena_rider.asp?PLid=PL 167201 & WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA KATHLEEN SEIDERER & JAMES F. COUNTY OFCUNIBERLAND SEIDERER, Plaintiffs VS. File No. p5-9'i1fl KAI TWANMOH, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TOP.6414.ns,Q,,, Spin no Tnctitute (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: PLEASE SEE'ATTACHED RIDER at 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: ADDRE9 Orge -H. Eager, Esquire 1347 Fruitvi e i e Lancaster PA, 17601 TELEPHONE: SUPREME CO ATTORNEY FOR: 27740 _ Defense Date: ea o e ours EY THE CO T: Protho otary, Civil Diffs-ion Deputy SU$POENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Pennsylvania Spine Institute 805 Sir Thomas Court Harrisburg PA 17109 Attention: Records Department Patient: Seiderer, Kathleen SS*: 081-44-2173 Date of Birth: 4/22/1995 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/95 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. http://rats.litsol.com/ratseventslsubpoena_rider.asp?PLid=PL 167197& WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHLEEN SEIDERER & JAMES F. SEIDERER, Plaintiffs VS. KAI TWANMOH, Defendant File No.Q?,-211 R SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TqRjSj§ (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: PLEASE SEE ATTACHED RIDER 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: ADDREM orge H. Eager, Esquire 1347 Fruitville Pike Lancaster PA 17601 TELEPHONE: SUPREME COUi> 0 - 7 97 1 ATTORNEY FOR: _ Defense Date: e urt BY TH;1 : Pr ,, ivisio Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: PRISM Bloom Building; Suite 106 4310 Londonderry Road Harrisburg PA 17109 Attention: Records Department Patient: Seiderer, Kathleen SS#:081-44-2173 Date of Birth: 4/22/1995 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/95 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 • Mental health records. http://rats.litsol.com/ratsevents/subpoena_rider.asp?PLid=PL 167200& WRid=WR27401 2/21/2006 COMMONWEALTH OF PENNSYLVANIA KATHLEEN SEIDERER & JAMES F. COUNTY OF CUMBERLAND SEIDERER, Plaintiffs V S. ? KAI TWANMOH, Defendant FileNo. 05-2.318 - SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO7rri ?d aQrghrzL o i s of Central 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: PLEASE SEE ATTACHED RIDER at,,, c__,. G7A,r _ Smite 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: NAME: ADDREMorge H. Eager, :squire 1347 Fruitvi e Pike Lancaster PA, 17601 TELEPHONE: SUPREME COLf32jf - ATTORNEY FOR: _ Defense a/Fi`/ lv Date: ea o e ourt BY THE CO T: Protl? notary, Civ"' "sion/ Deputy SUBPOENA RIDER Page 1 of 1 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: United Cerebral Palsy of Central Pennsylvania 925 Linda Lane Camp Hill PA 17011 Attention: Human Resources Department Patient: Seiderer, Kathleen SS#: 081-44-2173 Date of Birth: 4/22/1995 Requested Items: Complete copy of employment files from 1/1/97 to present: Application ; Payroll ; Attendance ; Performance ; Reviews ; Disciplinary ; Worker's Comp ; Medical ; Excuses ; Physicals ; Termination, computerized records, etc. http://rats.litsol.corn/ratseventslsubpoena_rider.asp?PLid=PL 167203& WMd=WR27401 2/21/2006 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequistite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Timothy Shollenberger, Esquire Shollenberger & Januzzi 2225 Millenium Way Enola, PA 17025 EAGER, SPINELLO, QUINN & STENGEL DATE: v ) _ BY: George H. E er, Es ire Attorney for efend t I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 rv? ? 7 _p .-i . <1'T] _ -1 L.1 _ _ ^i C7 _.. ;`;n 's ?. ?? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER and JAMES F. SEIDERER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 30th day of October, 2007, 1 hereby certify that I have served the foregoing Plaintiff's Supplemental Answers to Interrogatories of Defendant, Kai Twanmoh on the following by forwarding a true and correct copy of same via United States mail, postage prepaid, addressed to: George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 SHOLLENBE ER & JANUZZI, LLP By: I &141 z // 41 A0 Ti o h II er , Esqui `-'- ?? ?w .. _ " , - .,? I"[7 ?7 _ +?r a i . F. ° ? r?,.. "?9 i_ .,.acS a ..1 ?..^ .. -- ti ? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO T1-EE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® 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) KATHLEEN SEIDERER and JAMES F. SEIDERER, (check one) Civil Action - Law Appeal from arbitration (other) (Plaintiff) The trial list will be called on January 8, 2008 VS. and KAI TWANMOH Trials commence on February 4, 2008 (Defendant) Pretrials will be held on January 16, 2008 VS. (Briefs are due 5 days before pretrials No. 05-2318 Civil Term indicate the attorney who will try case for the party who files this praecipe: Timothy A Shollenberger, Esquire Shol nbPrgPr F Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Indicate trial counsel for other parties if known: John Stengel, Esquire, Eager, Reinaker 6 Spinello 1347 Fruitville Pike, Lancaster, PA 17061 01 This case is ready for trial. Signed: Print Name: Timothy A. Shollenberaer Date: December 4, 2007 Attorney for: Plaintiff -S w n p a, e SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN SEIDERER and JAMES F. SEIDERER, Plaintiffs V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED 5TIPULATION FOR LEAVE TO FILE AMENDED COMPLAINT Pursuant to Pa.R.C.P. 1033, the parties to this action hereby stipulate and agree as follows: Plaintiffs shall be permitted to amend paragraph 13 of their complaint, adding a letter' j to the alleged injuries. Letter "j" shall read: "Herniated/protruding disk at the C5-C6 intervertebral disk space." SHOLLENBERGER & JANUZZI, LLP By: -- I --------- - Counsel for the Plaintiffs, Kathleen and James Seiderer EAGER, REINAKER & SPINELLO By : 1e gel, Esq., Counsel dft, Kai Twanmoh SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER and JAMES F SEIDERER, Plaintiffs V. KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiffs KATHLEEN SEIDERER and JAMES F. SEIDERER, Plaintiffs V. KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, VAYA A O LLAME POR TELtFONO LA OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER and JAMES F SEIDERER, Plaintiffs V. KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Kathleen Seiderer and James F. Seiderer, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Kathleen Seiderer, is an adult individual who currently resides at 256 East Chestnut Street, Jonestown, Lebanon County, Pennsylvania. 2. Plaintiff, James F. Seiderer, is an adult individual who currently resides at 256 East Chestnut Street, Jonestown, Lebanon County, Pennsylvania. 3. Plaintiffs, Kathleen Seiderer and James F. Seiderer, are husband and wife having been married on October 23, 1992. 4. Defendant, Kai Twanmoh, is an adult individual whose last known address is 2421 Haddon Hurst Court, Fallston, Maryland 21047. 5. The facts and circumstances hereinafter set forth took place on Friday, October 31, 2003, at or about 11:40 a.m. on the entrance ramp to SR581 Camp Hill Borough, Cumberland County. 6. At the aforesaid time and place, Plaintiff, Kathleen Seiderer, was the operator of a 2001 Pontiac Sunfire. 7. At the aforesaid time and place, Defendant, Kai Twanmoh, was the operator of a 1997 Honda Accord. 8. Plaintiff, Kathleen Seiderer, was operating the Pontiac Sunfire eastbound on the entrance ramp to State Route 581. 9. Defendant, Kai Twanmoh, was operating the Honda Accord eastbound on the same entrance ramp as the Plaintiff and her vehicle, but to her and its rear. 10. Plaintiff, Kathleen Seiderer, was forced to bring the Sunfire to a stop in order to safely merge on to State Route 581. 11. After she did so, the Defendant, Kai Twanmoh, did not observe that the Sunfire was stopped and crashed into its rear. 12. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Kai Twanmoh, in operating the Honda Accord in a careless, reckless, manner as follows: a. In failing to observe Plaintiff's vehicle on the highway; b. In permitting or allowing the vehicle to strike and collide with the rear of the vehicle operated by the Plaintiff; C. In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; d. In failing to keep a reasonable lookout for other vehicles lawfully on the road; e. Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of The PA Motor Vehicle Code; and f. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted her to bring her vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code. 13. As a result of the aforesaid collision, Plaintiff, Kathleen Seiderer, has suffered serious and permanent injuries, including but not limited to the following: a. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; b. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; C. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; d. Aggravation of preexisting degenerative disc disease of the cervical and lumbar spine; e. Post traumatic cervicogenic headache; f. Cervical and thoracic segmental dysfunction; g. Thoracalgia; h. Left cervical radiculitis; i. Left shoulder injury; and j. Herniated/protruding disk at the C5-C6 intervertebral disk space. 14. As a direct and proximate result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has sustained scarring and disfigurement for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 19. As a further result of this collision, Plaintiff, Kathleen Seiderer, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 20. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has incurred or may hereinafter incur financial expenses and losses, which exceed sums recoverable under the limitation and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 21. Defendant, Kai Twanmoh, operated her motor vehicle at the time of this collision with the intention of injuring herself and her action was not for the purpose of averting harm to herself or another person. Therefore, Plaintiff, Kathleen Seiderer, remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. 22. Plaintiff, Kathleen Seiderer, was the named insured on a policy of insurance issued to her by Geico Insurance Company bearing policy number 0365-99-33-02, which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit A. Therefore, Plaintiff, Kathleen Seiderer, remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Kathleen Seiderer, demands judgment against Kai Twanmoh for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II JAMES F. SEIDERER V. KAI TWANMOH 23. Paragraphs 1 through 22 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 24. As a further result of injuries sustained by his wife, Plaintiff, James F. Seiderer has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. WHEREFORE, Plaintiff, James F. Seiderer, demands judgment against Defendant, Kai Twanmoh, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Date: I lalog 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff KATHLEEN SEIDERER and JAMES F SEIDERER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2318 CIVIL TERM KAI TWANMOH, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this day of January, 2008, 1 hereby certify that a true and correct copy of the foregoing Complaint has been served upon the following, Attorney for Defendant, via U.S. Mail: George H. Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 C`? ,._ __ ? ? f7;) ? 1 ? ? ? r ??,,. s ?r ?-; - 1F'?' r ? .r1 f ,,? I T ?" l? } .. _ "'-? ._E _ ?. `^+? "{ KATHLEEN SEIDERER and IN THE COURT OF COMMON PLEAS OF JAMES F. SEIDERER, CUMBERLAND COUNTY, PENNSYVANIA Plaintiffs V. KAI TWANMOH Defendant NO. 05-2318 CIVIL IN RE: PRE-TRIAL CONFERENCE ORDER OF COURT AND NOW, this 16th day of January, 2008, after pre-trial conference in the above referenced case, IT IS HEREBY ORDERED AND DIRECTED: 1. Trial Counsel in this case shall be: Timothy A. Shollenberger, Esquire, for Plaintiffs and John P. Stengel, Esquire, for Defendant. 2. Counsel have indicated that the trial will take approximately 2 - 3 days. 3. Each party will be granted 4 peremptory challenges. 4. Both parties have been directed to prepare an exhibit list pursuant to the example attached. Two copies of this exhibit list shall be provided to the Court prior to the commencement of trial. 5. Counsel for each party is directed to file with the Court on or before 12:00 noon on January 25, 2008, a list of the numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it will provide the full text of the proposed instruction to the Court. r Ilvk 7. On or before 12:00 noon on January 25, 2008, each party will provide a proposed verdict slip to the Court for review. Timothy A. Shollenberger, Esquire Attorney for Plaintiffs ?John P. Stengel, Esquire Attorney for Defendant Court Administrator bPS I?17?b? By the Court, M. L. Ebert, Jr., J. e t" M ///7/0 8 "- '! bas Y- r „ a!?i ?U r -416 . "7 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-1183 CRIMINAL CHARGE: (1) CRIMINAL HOMICIDE - MURDER OF THE FIRST DEGREE V. (2) CRIMINAL ATTEMPT TO MURDER (3) AGGRAVATED ASSAULT (4) CRIMES COMMITTED WITH FIREARMS (6) FIREARMS NOT TO BE CARRIED WITHOUT A LICENSE ANTYANE ROBINSON AFFIANT: DETECTIVE RONALD EGOLF COMMONWEALTH15 EXHIBIT LIST EXHIBIT NUMBER DESCRIPTION 1 Photograph of injury to Tara Hodge's head 2 Used envelope bearing handwriting of Tara Hodge 3 Photograph of the front of building at 117-119 West Louther Street 4 Exterior side view of Tara Hodges apartment 5 Photograph of body of Rashawn Bass in shower 6 Closeup photograph of Rashawn Bass with bullet casing on shoulder 7 Diagram of Tara Hodge's apartment 8 Plastic shower enclosure from Tara Hodge's apartment 9 Address book of Tara Hodge 10 Date boob of Tara Hodge n SHOLLENBERGER & JAN UZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs KATHLEEN SEIDERER and JAMES F. SEIDERER, Plaintiffs Or,lina? THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2318 CIVIL TERM V. CIVIL ACTION - LAW KAI TWANMOH, JURY TRIAL DEMANDED Defendant PLAINTIFFS' EXHIBIT LIST EXHIBIT NUMBER P-ONE P-TWO DESCRIPTION Curriculum Vitae of Walter C. Peppelman, Jr., D.O., FACO Report of Walter C. Peppelman, Jr., D.O., FACO dated 03-16-07 P-THREE Subset of Walter C. Peppelman, Jr., D.O., FACO Medical Records from Plaintiff, Kathleen Seiderer's Chronological Set of Medical Records P-FOUR Plaintiff, Kathleen Seiderer's Chronological Set of Medical Records P-FIVE Prescription Summary from CareMark (unredacted) 11-11-03 - 03-19-05 P-SIX Prescription Summary from Redners Markets (unredacted) 07-19-04 - 03-19-05 P-SEVEN Facts for Hypothetical Question P-EIGHT Curriculum Vitae of John B. Chawluk, M.D. 4- P-NINE Report of John B. Chawluk, M.D Dated 09-21-06. P-TEN Prescription Summary from CareMark (redacted) 11-11-03 - 03-19-05 P-ELEVEN Prescription Summary from Redners Markets (redacted) 07-19-04 - 03-19-05 P-TWELVE P-THIRTEEN P-FOURTEEN P-FIFTEEN Photographs of Plaintiffs 2001 Pontiac Sunfire Photographs of Plaintiffs 2001 Pontiac Sunfire Photographs of Plaintiffs 2001 Pontiac Sunfire Photographs of Plaintiffs 2001 Pontiac Sunfire P-SIXTEEN Supplemental Report of Walter C. Peppelman, Jr., D.O., FACO Dated 12-19-07 P-SEVENTEEN Off work slips for Plaintiff, Kathleen Seiderer P-EIGHTEEN Wage and Salary Verifications from Plaintiff's employer P-NINETEEN Work loss summary depicting the methodology utilized to calculate the Plaintiffs collision related work loss P-TWENTY Deposition transcript of Walter C. Peppelman, Jr., D.O., FACOS P-TWENTY-ONE Videotape of the videotaped deposition of Walter C. Peppelman, Jr., D.O., FACOS P-TWENTY-TWO Deposition transcript of John B. Chawluk, M.D. P-TWENTY-THREE P-TWENTY-FOUR P-TWENTY-FIVE Videotape of the videotaped deposition of John B. Chawluk, M.D. October 2003 MRI of Plaintiff's cervical spine January 27, 2006 MRI of Plaintiff's cervical spine P-TWENTY-SIX Letter from Attorney Stengel to Dr. Hely dated October 16, 2007 (previously marked Hely #4) P-TWENTY-SEVEN Selected pre-collision medical records (previously marked Hely #5) P-TWENTY-EIGHT Selected post-collision medical records P- TWENTY-NINE Cervical Disc Surgery Booklet Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: N c t C SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER, Plaintiffs V. KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs KATHLEEN SEIDERER, Plaintiffs V. KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, VAYA A O LLAME POR TELtFONO LA OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEERLE INFORMACI6N A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACI6N SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER, Plaintiff, V. KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW, comes the Plaintiff, Kathleen Seiderer, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Kathleen Seiderer, is an adult individual who currently resides at 256 East Chestnut Street, Jonestown, Lebanon County, Pennsylvania. 2. Defendant, Kai Twanmoh, is an adult individual whose last known address is 2421 Haddon Hurst Court, Fallston, Maryland 21047. 3. The facts and circumstances hereinafter set forth took place on Friday, October 31, 2003, at or about 11:40 a.m. on the entrance ramp to SR581 Camp Hill Borough, Cumberland County. 4. At the aforesaid time and place, Plaintiff, Kathleen Seiderer, was the operator of a 2001 Pontiac Sunfire. 5. At the aforesaid time and place, Defendant, Kai Twanmoh, was the operator of a 1997 Honda Accord. 6. Plaintiff, Kathleen Seiderer, was operating the Pontiac Sunfire eastbound on the entrance ramp to State Route 581. 7. Defendant, Kai Twanmoh, was operating the Honda Accord eastbound on the same entrance ramp as the Plaintiff and her vehicle, but to her and its rear. 8. Plaintiff, Kathleen Seiderer, was forced to bring the Sunfire to a stop in order to safely merge on to State Route 581. 9. After she did so, the Defendant, Kai Twanmoh, did not observe that the Sunfire was stopped and crashed into its rear. 10. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Kai Twanmoh, in operating the Honda Accord in a careless, reckless, manner as follows: a. In failing to observe Plaintiffs vehicle on the highway; b. In permitting or allowing the vehicle to strike and collide with the rear of the vehicle operated by the Plaintiff; C. In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; d. In failing to keep a reasonable lookout for other vehicles lawfully on the road; e. Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of The PA Motor Vehicle Code; and f. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted her to bring her vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code. 11. As a result of the aforesaid collision, Plaintiff, Kathleen Seiderer, has suffered serious and permanent injuries, including but not limited to the following: a. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; b. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; C. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; d. Aggravation of preexisting degenerative disc disease of the cervical and lumbar spine; e. Post traumatic cervicogenic headache; f. Cervical and thoracic segmental dysfunction; g. Thoracalgia; h. Left cervical radiculitis; Left shoulder injury; and j. Herniated/protruding disk at the C5-C6 intervertebral disk space. 12. As a direct and proximate result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has sustained scarring and disfigurement for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 17. As a further result of this collision, Plaintiff, Kathleen Seiderer, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 18. As a further result of the aforesaid injuries, Plaintiff, Kathleen Seiderer, has incurred or may hereinafter incur financial expenses and losses, which exceed sums recoverable under the limitation and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 19. Defendant, Kai Twanmoh, operated her motor vehicle at the time of this collision with the intention of injuring herself and her action was not for the purpose of averting harm to herself or another person. Therefore, Plaintiff, Kathleen Seiderer, remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. 20. Plaintiff, Kathleen Seiderer, was the named insured on a policy of insurance issued to her by Geico Insurance Company bearing policy number 0365-99-33-02, which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit A. Therefore, Plaintiff, Kathleen Seiderer, remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Kathleen Seiderer, demands judgment against Kai Twanmoh for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By:* Tim My A. Sh llenberger, Esq. Attorney I. D. #34343 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) Date:" Jr e 08 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER, Plaintiff, V. KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this Jr'"' day of February, 2008, 1 hereby certify that a true and correct copy of the foregoing Complaint has been served upon the following, Attorney for Defendant, via hand delivery: John P. Stengel, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 SHOLLENBERGER & JANUZZI, LLP By: uw(zk'l? Aothyy ol len erger, Esq. Attorney I.D. #34343 ' O FAMILY AUT( ',ILF POLICY ENDORSEMENT DECLARATIONS GEICO GENERAL INSURANCE COMPANY THIS IS ADESCRIPTIONOF YOUR COVERAGE 5260 Western Avenue, Chew Chase, Maryland 20815 PLEASE KEEP FOR YOUR RECORDS TELEPHONE: 1-800-841-3000 FAX: 1-540-286-4555 PACe1 0 POLICY PERIOD FROM 10 - O 1- 03 TO 04 - O 1 - 04 12:01 A.M. LOCAL TIME AT THE ADDRESS OF THE NAMED INSIJRED. THE INSIJRED VEHICLE(S) WILL BE REGULARLY GARAGED IN THE TOWN AND STATE SHOWN IN ITEM 1, EXCEPT AS NOTED IN THE VEHICLE SEGMENT. POLICY NUMBER: 0365 - 99 - 33 - 02 DATE ISSUED: 09 - 29 - 03 CONTRACT TYPE: A30PA 7 ENDORSEMENT EFFECTIVE: 10-01-03 Item 1: Named Insured and Address KATHLEEN SEIDERER 256 E CHESTNUT ST JONESTOWN PA 17038-9725 CONTRACT AMENDMENTS: UNIT ENDORSEMENTS: ALL VEHICLES - A200 A30PA A54PA A469 (VEH 1,2); A472 (VEH 1,2); UE316 (VEH 1,2) ******* * * * *IMPORTANTMESSAGES* * * * * * **** * -AS A GEICO FAMILY AUTO POLICYHOLDER, WHEN YOU OR YOUR SPOUSE (IF RESIDING WITH YOU) RENTS A CAR IN THE UNITED STATES OR CANADA, THE RENTAL CAR IS COVERED UNDER YOUR GEICO POLICY. THE SAME POLICY PROVISIONS AND CONDITIONS, COVERAGE LIMITS AND DEDUC- TIBLES THAT APPLY TO YOUR PERSONAL CAR ALSO APPLY TO THE RENTAL CAR. IF YOU HAVE MORE THAN ONE CAR INSURED, THE RENTAL CAR WOULD BE COVERED WITH THE BROADEST (HIGHEST LIMITS, LOWEST DEDUCTIBLES) COVERAGES INCLUDED ANYWHERE ON YOUR POLICY. REMEMBER, COMPREHENSIVE AND/OR COLLISION COVERAGES ARE EXTENDED ONLY WHEN YOU CARRY THESE COVERAGES ON YOUR OWN VEHICLES. IMPORTANT: IF YOU CARRY MULTI-RISK COVERAGE, THE MECHANICAL BREAKDOWN COMPONENT DOES NOT EXTEND TO RENTAL VEHICLES. -YOU ARE CURRENTLY CARRYING THE FULL TORT OPTION ON YOUR POLICY. -PLEASE REVIEW THE REVERSE SIDE OF THIS PAGE FOR COVERAGE AND DISCOUNT INFORMATION. -THE GEICO PROPERTY AGENCY CAN ARRANGE FOR YOUR HOMEOWNER'S, RENTER'S AND CONDOMINIUM OWNER'S INSURANCE NEEDS. JUST CALL TOLL-FREE AT 1-800-841-3005. REFINANCING? LET US PROVIDE THE NEW HOMEOWNER'S POLICY YOU NEED. -THE 89 MERC HAS BEEN DELETED FROM YOUR POLICY. INSURED COPY GETrO GENERAL INSURANCE COMPANY POLICY NUMBER: 0365-99-33-0. DATE ISSUED: 05 ,-03 VEHICLE RATED LOCATION 1 01 PONT 1G2JB524417399763 JONESTOWN PA 17038 2 99 FORD 1FTYR14C8XTA29743 JONESTOWN PA 17038 PAGE 02 CLASS A -M - -L A -L -S COVERAGES LIMITS OR PREMIUMS Coverage applies where a premium ur 0.00 is shown for the vehicle. DEDUCTIBLES VEH 1 VEH 2 VEH BODILY INJURY LIRE LITY EACH PERSON/EACH (`:: URRENCE PROPERTY DAMAGE L1-'iITY FIRST PARTY BENEFI UNINSURED MOTORISTS,WITH STACKING EACH PERSON/EACH OCCURRENCE UNDERINSURED MOTORIST/WITH STACKING EACH PERSON/EACH OCCURRENCE COMPREHENSIVE COLLISION $100,000/$300,000 68.50 56.10 $50,000 69.30 56.80 OPTION Y 65.60 53.80 $100,000/$300,000 23.70 35.50 $100,000/$300,000 23.90 35.90 $500 DED 45.60 23.90 $500 DED 187.80 101.60 SIX MONTH PREMIUM PER VEHICLE: 484.40 $ 363.60 PREMIUMS FOR THESE VEHICLES ARE BASED ON THE FOLLOWING DISCOUNTS AND/OR SURCHARGES: DISCOUNTS MULTI-CAR (VEH 1,2); ANTI-LOCK BRAKES (VEH 1,2); ANTI-THEFT DEVICE (VEH 1); 5 YEAR GOOD DRIVING (VEH 1,2); PASSIVE RESTRAINT/AIR BAG (VEH 1,2) LIENHOLDER VEHICLE 1 HAFC LIENHOLDER VEHICLE LIENHOLDER VEHICLE rmm nrn rnnv PJ C r."-? l.t.r '" ?Tl KATHLEEN SEIDERER, Plaintiff V. KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2318 CIVIL TERM VERDICT [In this case, Defendant conceded that her negligence caused the accident which occurred on October 31, 2003, and that Plaintiff suffered some harm as a result. For this reason, two questions normally reserved for the jury have been pre-answered on this verdict slip] 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 some harm to Plaintiff? Yes X No Question 3: With respect to the harm to Plaintiff that you find Defendant's negligence was a factual case of, state the total amount of damages that you find Plaintiff sustained in the following categories: 1. Non-economic losses: $ 06 0• ® 7© 2. Past lost wages $ (Date) ~ f' l [Judge _ Clerk/Proth T pstaff - CASE NO.: COURTROOM NO.: KAAlees S e l k Lre-r VS Kcti Two-n m'o k DOCKET NO.: 0 s- a 3 f 8' DATE: d 60 ? J uror # Name Random No. 89 BENHAM, TERENCE C. -2123328153 85 STOLL, SHARON -1806111573 ? c7 L?rr?=.,,? ,u, e Ar ' , T7?3- Ti5441 73 WARD, RUTH ANN -1582550793 69 FARABAUGH, BERNADET -1572233376 92 EASLEY, DIANA -1495321107 97 PHILLIPS, JESSICA D -1426200856 78 CRUM, CHRISTINA L. -1325775816 ¦i i65 v a u r?yQa 5 J - 8$---- JA7@1 F$ DnRxT N - - - 3 ? Iti9 66 VESSA, WILLIAM C. -1028429214 74 STUTZMAN, ANGELICA C -905804436 96 DUBBS, ROY W. -543284765 p- .79 P*MONS hileffELLE ER- ? I 7 , 88 KILPATRICK, JAMES E. -273366850 D-? 68+04- P- 14 86 r,TTA w ° z 76 SILBAUGH, JAMES M. 214636922 72 SCHEIBEL, MARK ALEX 269816974 77 DIEFFENBACH, VICKI A. 890705523 SMITH, GALEN R 1202144 80 HA [CEO N 629542 99 MINNIER, DELB 1578501833 81 SPROULE, ANN M. 1852517295 82 GLINSKI, CHRISTOPHER 1926621124 95 STERLING, LUCI 2045733034 83 KURTZ, GAN E 60703093 91 NER, CATHERINE 21100 4 KATHLEEN SEIDERER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KAI TWANMOH, Defendant 05-2318 CIVIL TERM IN RE: JAMES F. SEIDERER DISMISSED FROM CASE ORDER OF COURT AND NOW, this 4th day of February, 2008, upon motion of Plaintiff's counsel, Timothy A. Shollenberger, Esquire, and without objection on the part of Defendant's counsel, John P. Stengel, Esquire, Plaintiff James F. Seiderer is dismissed from this case as a party. By the Court, r J. esley Ole Jr., LJ,//Timothy A. Shollenberger, Esquire 2225 Millenium Way Enola, PA 17025-1497 For Plaintiff ?John P. Stengel, Esquire 53 N. Duke Street Lancaster, PA 17602-2839 For Defendant 0-40alrs rn,?J (Lcr-(, -"7 :mae ? i? .'t 'y ,. f? ?5.. p _..I^???lr N c..? KATHLEEN SEIDERER, Plaintiff v KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-2318 CIVIL TERM IN RE: MOTION TO AMEND SECOND AMENDED COMPLAINT ORDER OF COURT AND NOW, this 6th day of February, 2008, upon consideration of Plaintiff's Motion To Amend the Second Amended Complaint as expressed in open court, and without objection on the part of the Defendant, the second amended complaint is deemed so amended. By the Court, /Timothy A. Shollenberger, Esquire 2225 Millenium Way Enola, PA 17025-1497 For Plaintiff vJohn P. Stengel, Esquire 53 N. Duke Street Lancaster, PA 17602-2839 For Defendant 06 P Its M'2 ILL :mae J 7 eep?+ Zzr LO, C:j i1 ( :A SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff KATHLEEN SEIDERER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR ORDER OF COURT TO MOLD VERDICT FOR INCLUSION OF RULE 238 DAMAGES AND NOW comes the Plaintiff, Kathleen Seiderer, by and through her attorneys, Shollenberger & Januzzi, LLP, and moves this Honorable Court as follows: 1. The date of the automobile collision which formed the basis for this action was October 31, 2003. 2. Service of original process in the above-captioned matter was effectuated on June 13, 2005. 3. On February 7, 2008, a jury deliberating in the trial of the above- captioned action rendered a verdict in favor of the Plaintiff in the amount of $11,172.70. 4. Pursuant to Pa.R.C.P. 238(a)(2), the Plaintiff is entitled to an award of delay damages from June 13, 2006, one year following service of original process, through February 7, 2008, the date of the jury's verdict. 5. By letter dated December 28, 2007, the Defendant tendered a settlement offer in the amount of $15,000.00; however, Defendant's offer of settlement was not in compliance with the requirements set forth in Pa.R.C.P. (b)(2) and, therefore, Defendant is not entitled to a reduction in the amount of the award. See, Krebs v. United Refining Company of Pennsylvania, d/b/a Kwik-Fill, 893 A.2d 776 (Pa. Super 2006). A copy of Defendant's December 28, 2007, offer is attached hereto, incorporated herein and marked Exhibit "A." 6. In accordance with Pa.R.C.P. Rule 238 (a)(3), damages for delay shall be calculated "at a rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which the damages are awarded, plus one percent, not compounded". 7. Damages for delay on the jury's verdict of $11,172.70 are calculated as follows: June 13, 2006 to December 31, 2006: 201 days @8 '/4% = $507.59 • January 1, 2007 to December 31, 2007: 365 days @9 %% _ $1,033.47 • January 1, 2008 to February 7, 2008: 38 days @8 %% _ $95.96 8. The total amount of delay damages to become part of the jury's award of February 7, 2008, as calculated pursuant to Rule 238, is $1,637.02. 9. Cumberland County Court of Common Pleas Judge J. Wesley Oler presided over the trial in this matter. 10. Counsel for the Defendant has been contacted and does not concur in this Motion. WHEREFORE, the Plaintiff requests that this Honorable Court mold the verdict in the above-captioned matter to include $1,637.02 in Rule 238 Delay Damages to reflect a total award of $12,809.72. Respectfully submitted, SHOLLENBFRGER & JANUZZI, LLP BY: /*_-F Timothy A. Shollefiberger, Esquire Adam T. Wolfe, Esquire Dated: February 4_, 2008 EAGER, SPINELLO, QUINN & STENGEL Attorneys At Law 1347 Fruitville Pike Lancaster, PA 17601 GEORGE H. EAGER TELEPHONE: Board Certified Trial Specialist FAX: geagcri. rc. nic:u STEPHEN J. SPINELLO VINCENTJ. QUINN December 28, 2007 JOHN P. STENGEL VIA FACSIMILE AND FIRST CLASS MAIL Timothy Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 Re: Seiderer v. Twanmoh Civil Action No: Claim No.: Our File No.: Dear Mr. Shollenberger: 05-2318 Civil (Cumberland County) 20-5712-580 9-2482 (717) 290-7971 (717) 290-7978 I have discussed this matter in depth with State Farm and they have authorized me to settle this case for the sum of $15,000.00. Please review this with your client and get back to me. Very truly yours, JPS/Izk ' ohn P. Stengel 4a)te'8 -466 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff KATHLEEN SEIDERER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 4 day of February, 2008, 1 hereby certify that I have served Plaintiffs Motion for Delay Damages to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John P. Stengel, Esquire Eager, Spinello, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 176 squire .... ?., _.?., i t c try ?' "S"7 2 ? GRIGINNI!, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KATHLEEN SEIDERER and JAMES F. SEIDERER, Plaintiffs V. KAI TWANMOH, Defendant NO.: 05-2318 JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO MOTION FOR ORDER OF COURT TO MOLD VERDICT FOR INCLUSION OF RULE 238 DAMAGES Defendant does not oppose Plaintiffs' Motion for Order of Court to Mold Verdict for Inclusion of Rule 238 Damages. EAGWF? $PI? ELLO, QUINN & STENGEL Date: ? G ov By: J0Hn IP jStdnc, , Esquire Attor for De ndant 1. D. 64041 1347 ruitville 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 document upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Timothy Shollenberger, Esquire Shollenberger & Januzzi 2225 Millenium Way Enola, PA 17025 EAG,T,ISFPNELLO, QUINN & STENGEL Date: v By: Joh Esquire Atto y for efendar I . D. o. 64011 134 Fruitvi a Pike Lancaster, PA 17601 (717) 290-7971 ?? ,? r-:; ? ?, a -r, ? ? -? ?;?m ,a _ -- ,. . --1 -- _.; ... " -7 i k . ? . .. ? .. ? _ .tea Maa 03 zooa?i SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff THLEEN SEIDERER, Plaintiff V. KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this?`?''day of 64z 2008, it is hereby ORDERED that the Plaintiff is awarded the amount of $1,637.02 in Rule 238 Delay Damages in the above-captioned matter, bringing the total award to the Plaintiff to $12,809.72. R. mo.-Le_Al c: Timothy A. Shollenberger, Esquire ,,4hn P. Stengel, Esquire 4 BY THE COURT: y.,. p cr . ? -1 1 m [ O c? U SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ADD RULE 238 DELAY DAMAGES TO THE VERDICT OF THE JURY To the Prothonotary: Please add delay damages in the amount of $1,637.02 to the verdict of the jury. WMOtny A.dnollenberger, tsq. Attorney for the Plaintiff, Kathleen Seiderer Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 717-728-3200 Date: 20. 2 8,b 08 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff KATHLEEN SEIDERER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this" - day of February, 2008, 1 hereby certify that a true and correct copy of the foregoing Complaint has been served upon the following, Attorney for Defendant, via hand delivery: John P. Stengel, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 SHOLLE ERGER & JANUZZI, LLP By: • Timothy A. Shollenberger, Esq. Attorney I.D. #34343 ?? rv 70 ri m n z t, 3 c. u1 Q ? ' ?.: K ray t SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-4300 Attornevs for Plaintiff KATHLEEN SEIDERER, Plaintiff V. KAI TWANMOH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action satisfied, ended, and discontinued with prejudice. Date: March 24, 2008 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP f?? f+,,> ?: y ,. ?:? ? t'? _.L_ ??:; r `. ?? r ? ?_ : -,... _.. r.:' " . ? _ ?? °'? !`+•? ?._._ °^C SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff KATHLEEN SEIDERER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KAI TWANMOH, Defendant NO. 05-2318 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 20' day of March, 2008, 1 hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue has been served upon the following, Attorney for Defendant, via First Class Mail: John P. Stengel, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 SHOLLENB By: , LLP ?^- C:-? CJ i 'Y1 c_" ? T .%x.? f.. ?? ?T ?? - .. ? ".?1 ? '.." ?° w -..ti