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Home My WebLink About05-4397Thomas E. Brenner, Esquire Carly J. Wismer, Esqurie Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs RACHEL. MIKLUSH and ALEKSANDER MIKLUSH, Plaintiffs V. EUSTACE PEARCE and SHOWCASE AUTO SALES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. DS - X1397 ?tv ??Ltrl CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WI IERE YOU CAN GET LEGAL IIELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la cone en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y pot cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVEESTADEMANDAAUNABOGADOIMMEDIATAMENTE. SINO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 123654.1 Thomas E. Brenner, Esquire Carly J. Wismer, Esqurie Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs RACHEL MIKLUSH and ALEKSANDER MIKLUSH, Plaintiffs V. EUSTACE PEARCE and ST IOWCASE AUTO SALES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 05 - -1..3t7 CIVIL ACTION - LAW COMPLAINT AND NOW, come Plaintiffs Rachel and Aleksander Miklush, by and through their attorneys, Goldberg Katzman, P.C., who states: 1. Plaintiffs Rachel and Aleksander Miklush are adult individuals residing at 2- B Richland Lane, Apartment 208, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant Eustace Pearce is an adult individual residing at 5835 Hillside Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant Showcase Auto Sales is a business entity located at 6980 Wertzville Road, Enola, Cumberland County, Pennsylvania. COUNTI Rachel and Aleksander Miklush v. Eustace Pearce 4. The events hereinafter described arise from a car accident that took place on January 10, 2005 at 8:30 p.m. in Camp Hill, Cumberland County, Pennsylvania.. 5. At the time the accident took place, Plaintiff Rachel Miklush was traveling eastbound in the right lane on the Camp Hill Bypass at 21s` Street in Cumberland County, Pennsylvania, operating 2004 Chevrolet Cavalier. 6. Defendant Pearce was traveling westbound on the Camp Hill Bypass in Cumberland County, Pennsylvania, operating a jeep owned by Defendant Showcase Auto Sales. 7. Defendant Pearce attempted to make a left turn from the wrong lane of traffic, at a red signal, turning into the path of Plaintiff Rachel Miklush, causing a collision with the Miklush vehicle. 8. Defendant Pearce was reckless, careless and negligent in: a. attempting to make a left turn from the wrong lane; b. failing to stop at a red turn signal; C. failing to stop to avoid the collision with Plaintiffs' vehicle; d. failing to yield the right-of-way to oncoming traffic; and e, violating Pennsylvania Rules and Regulations for operating a motor vehicle. 9. As a direct result of the negligence, recklessness and carelessness of Defendant Pearce, Plaintiffs' vehicle was declared a total loss, having a value less salvage of $10,711.18. In addition, $475.00 was incurred for towing and storage following the accident. WHEREFORE, Plaintiffs Rachel and Aleksander Miklush demand judgment against Defendant Eustace Pearce, jointly and severally, in the amount of $11,186.18, together with interest and costs of suit. COUNT II Rachel and Aleksander Miklush v. Showcase Auto Sales 10. The averments of paragraphs 1 through 9 are incorporated herein by reference. 11. At the time of this accident, Defendant Pearce was the agent, servant or employee of Defendant Showcase Auto Sales and acting within the scope of that relationship. 12. In the alternative, Defendant Showcase Auto Sales negligently entrusted a motor vehicle to Defendant Pearce who they knew or should have known was not competent to operate a motor vehicle. 13. As a direct result of the actions of Defendant Showcase Auto Sales and their relationship with Defendant Pearce, they are responsible for the damages caused by the actions of Defendant Pearce. WI 11 RE FORE, Plaintiffs Miklush demand judgment Defendant Showcase Auto Sales, jointly and severally, in the amount of $11,186.18, together with interest and costs of suit. COUNT III Rachel and Aleksander Miklush v. Eustace Pearce and Showcase Auto Sales 14. The averments of paragraphs 1 through 13 are incorporated herein by reference. 15. As a result of the accident, Plaintiffs Rachel and Aleksander Miklush sustained personal injuries, resulting in their seeking medical care and missing time from work. 16. Plaintiffs Miklush sustained the loss of income from work. WHEREFORE, Plaintiffs Miklush demand judgment against the Defendants, jointly and severally, in an amount less than $5,000.00, together with interest and costs of suit. GOLDBERG KA?TZMAN, P.C. By: Thomas E. Brenner, Esquire Attorney ID #32085 Carly J. Wismer, Esquire Attorney ID # 92598 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: August 22, 2005 VERIFICATION We, Rachel Miklush and Aleksander Miklush, hereby acknowledge that we have read the foregoing document and that the facts stated therein are true and correct to the best of our knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Rachel ush 4L &4 Aleksander Miklush Date: ? d d C'n Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 RACHEL MIKLUSH AND ALEXANDER MIKLUSH v. SHOWCASE AUTOSALES AND EUSTACE PEARCE i?Y s? ys irr iL"l,,Tcrt may •??,lifio'?tOU. y?? Attorney for Def- ? owcC u Autosales and Eustace Pearce COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 05-4397 DEFENDANTS ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, answering defendant tacks sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. 2. Admitted. 3. Admitted. COUNTI 4. Admitted. 5. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph, therefore, same are denied. 6. Admitted. 7. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the factual allegations contained in this paragraph, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. 8. Denied. Answering defendants specifically deny all allegations of negligence, carelessness and recklessness. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the factual allegations contained in this paragraph and its subparts, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. 9. Denied. Answering defendants specifically deny all allegations of negligence, carelessness and recklessness . After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the factual allegations contained in this paragraph and its subparts, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. WHEREFORE, answering defendants request judgment in their favor, or in the alternative, that plaitniffs claim be dismissed with prejudice. COUNT II 10. Answering defendant incorporates herein by reference her answers to paragraphs 1 through 9 to Plaintiff's Complaint as though fully set forth herein at length. 11. Denied. All allegations of agency are specifically denied, as the acts of agents, servants, workman and/or employees are not identified with any particularity. The remaining allegations are denied as conclusions of law to which no response is required. 12. Denied. Answering defendant specifically deny all allegations of negligence. After reasonable investigation, answering defendants lacks sufficient knowledge or information to form a belief as to the truth of the remaining factual allegations contained in these paragraphs, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. 13. Denied. Answering defendant specifically deny all allegations of negligence. After reasonable investigation, answering defendants lacks sufficient knowledge or information to form a belief as to the truth of the remaining factual allegations contained in these paragraphs, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. WHEREFORE,answering defendants request judgment in their favor, or on the alternative, that plaintiffs complaint be dismissed with prejudice. COUNT III 14. Answering defendant incorporates herein by reference her answers to paragraphs 1 through 13 to Plaintiff's Complaint as though fully set forth herein at length. 15. Denied. After reasonable investigation, answering defendants lack sufficient knowledge or information to form a belief as to the truth of the factual allegations contained in these paragraphs, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. 16. Denied. After reasonable investigation, answering defendants lack sufficient knowledge or information to form a belief as to the truth of the factual allegations contained in these paragraphs, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. WHEREFORE, answering defendants request judgment in their favor, or on the alternative, that plaintiffs complaint be dismissed with prejudice. NEW MATTER 1. Plaintiffs' claims are barred or limited pursuant to the Pennsylvania Comparative Negligence Act. 2. Plaintiffs of action is barred in whole or in part by the application of doctrine of assumption of risk. 3. Plaintiffs' claims are barred by the applicable statute of limitations. 4. Plaintiffs' injuries and/or damages were caused by conduct or lack of conduct of persons or parties over whom answering defendants had no control or right of control. 5. Plaintiffs' Complaint fails to set forth a cause of action for which relief can be granted. 6. Plaintiffs' claims are barred due to their failure to meet the limited tort threshold pursuant to their personal automobile insurance coverage. 7. Defendants despite the nature and extent of property damage. 8. Defendants aver property damage estimate included unnecessary or excessive costs, and/or there was a failure to utilize replacement parts. WHEREFORE, Answering defendants request judgment in their favor. JACK EMAS & ASSOCIATES BY: VERIFICATION I JACK EMAS, ESQUIRE states that he is the attorney for the defendants in the above matter; and that based on information in the file including medical records and review of deposition testimony that the facts set forth in the foregoing Defendants Answers to Plaintiff Complaint are true and correct to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C Lai --_ U JACK EMAS, ESQUIRE DATE: t rya r? ? r.. ? l.. ^l C " a_n .,? r_`? "'-n ? rt5 ..? _,,, ri ?,? -; , _? w ` ' c`; `. -`.; _ ?; ,-_ i' n 4.? ! c? :? -? F SHERIFF'S RETURN - REGULAR CASE NO: 2005-04397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIKLUSH RACHEL ET AL VS PEARCE EUSTACE ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE PEARCE EUSTACE was served upon DEFENDANT the at 1630:00 HOURS, on the 15th day of September, 2005 at 6980 WERTZVILLE ROAD ENOLA, PA 17025 by handing to EUSTACE PEARCE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 7.20 Postage .37 Surcharge 10.00 .00 35.57 Sworn and Subscribed to before me this day of A.D. Pret-hr otar So Answers: R. Thomas Kline 09/16/2005 GOLDBERG KATZMAN By: 2 L Deputy She(?*ff SHERIFF'S RETURN - REGULAR CASE NO: 2005-04397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIKLUSH RACHEL ET AL VS PEARCE EUSTACE ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHOWCASE AUTO DEFENDANT the , at 1630:00 HOURS, on the 15th day of September, 2005 at 6980 WERTZVILLE ROAD ENOLA, PA 17025 by handing to EUSTACE PEARCE, OWNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 12.00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this 23 day of U J A.D. rot arl So Answers: R. Thomas Kline 09/16/2005 GOLDBERG KATZMAN By: / Deputy Sh ff Thomas E. Brenner, Esquire Carly J. Wismer, Esquire GOLDBERG KATZMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 1268 Attorneys for Plaintiffs RACHEL MIKLUSI-I AND ALEXANDER MIW_USH, Plaintiffs VS. SHOWCASE AUTOSALES AND EUSTACE PEARCE, Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO 05-4397 PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes Plaintiffs Rachel Miklush and Alexander Miklush, by their attorneys, Goldberg Katzman, P.C., who state: 1. is required. 2. is required. 3. is required. 4. is required. Denied. This averment states a conclusion of law to which no response Denied. This averment states a conclusion of law to which no response Denied. This averments states a conclusion of law to which no response Denied. This averment states a conclusion of law to which no response 5. Denied. This averment states a conclusion of law to which no response is required. 6. Denied. This averment states a conclusion of law to which no response is required. 7. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). WI-Ii REFORE, Plaintiffs Miklush demand judgment against the Defendants, jointly and severally as set forth in the Complaint. GOLDBERG KATZMAN, P.C. Y• Thomas E. Brenner, Esquire Attorney ID #32085 Carly J. Wismer, Esquire Attorney ID #92598 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs Date: October 3, 2005 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that T am the attorney for the Plaintiffs; that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. X4904, relating to unsworn falsification to authorities. 4h,m,'s E. Brenner, Esquire Date: October 3, 2005 103407.1 CERTIFICATE OF SERVICE L hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Jack Emas, Esquire Jack Emas & Associates 1500 Walnut Street, Suite 1500 Philadelphia, PA 19102 GOLDBERG KATZMAN P.C. // z By: r" 2? Thomas E. Brenner Date: October 3, 2005 ^.1 C: 'J (,J c.y l ?l?Ti II Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 RACHEL MIKLUSH AND ALEXANDER MIKLUSH v. SHOWCASE AUTOSALES AND EUSTACE PEARCE Attorney for Defendant, Showcase Autosales and Eustace Pearce COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 05-4397 PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon Plaintiff to file a Complaint within twenty (20) days or suffer judgment of non pros. JACK EMAS & ASSOCIATES BY:- JACK EMAS RULE TO FILE A COMPLAINT AND NOW, this 74A-day of ?? 2005, a Rule is hereby granted upon plaintiff to file a Complaint herein within 20 days after service hereof or suffer the entry of a judgment of non pros. PROTHONOTARY VERIFICATION I, Eustace Pearce, defendant in the within action, states that the facts set forth in the foregoing answers to plaintiffs complaint are true and correct to the best of my knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: 2A02k, .2 4., o?S 4 ? t - - Eustace Pearce 1 TI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL t4KLUSH and ALEKSANDER 141KLUSE V. SHOWCASE AUTO.SAEES and EHSTACE PEARCE NO. 4397 CIVIL 2005 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas E. Brenner respectfully represents that: counsel for the plaintif9defCcM in the above action (or actions), 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ up to $35,000.00 . The counterclaim of the defendant in the action is -- The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Thomas E. Brenner, Esquire, Jack Emas, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. /Rnpe? tfully submitted, `--Thomas E. Brenner, Esquire AND NOW, ORDER OF COURT foregoing petition Esq., and actions) as prayed for. Esq., Esq., are appointed arbitrators in the above captioned action (or By the Court, in consideration of the P.J. 0 ? a -c A Thomas E. Brenner, Esquire Carly J. Wismer, Esquire GOLDBERG KATZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 1268 Attorneys for Plaintiffs RACHEL MIKLUSH AND :IN THE COURT OF COMMON PLEAS ALEKSANDER MIKLUSH, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs :NO 05-4397 vs. SHOWCASE AUTO SALES AND EUSTACE PEARCE, Defendants NOTICE OF APPEAL FROM AWARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that the Plaintiffs, Rachel Miklush and Aleksander Miklush, appeal from the Award of the Board of Arbitrators entered in this case on April 27, 2006, a copy of which is attached hereto. Ajury trial is demanded. I hereby certify that the compensation of the arbitrators has been paid. KATZMAN, P.C. By: J. Attorney ID #92598 Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff Date: May 17, 2006 RACHEL MIKLUSH and ALEKSANDER MIKLUSH, Plaintiff S EUSTACE PEARCE and SHOWCASE AUTO SALES, Defendant s In The Court of Common Pleas of Cumberland County, Pennsylvania No. Civil Action - Law. 05 4397 CIVIL TERM Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Si Marlin R. McCaleb Name (Chairman) Law Offices - Marlin R. McCaleb Law Firm TIN: 23-2393754 219 East Main Street Address David J. Lanza Name Law F. t1 v,M T 2157 Market Street Ade,es Mechanicsburg, PA 17055 1 Zip Camp Hill, PA 17011 City, Zip Signature Wade D. Manley Name Johnson Duffie Law Finn t.jlldgc1 ^rlej 301 Market Street Lemoyne, PA 17043 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following awwaard:J (Note: If damages for delay are awarded, they shall be separately statec C.Pd j? -?,r ,C.: Tfl !? ?.i??'YL•`? w"St? ?VCa [??ia Arbi tor, dissents. (Insert name if applicable. Date of Hearing: ' ' (Chairman) _ Date of Award: ?(-eg-oo- Notice of Entry of Award j Now, the 7 day of , 200, at --E t3 0 --8.M., the above award was entered upon the docket and notice the eof given by mail to the parties or their attorneys. Arbitrators' compensation to bepaid upon appeal: S GO By: Deputy CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Jack Emas, Esquire Jack Emas & Associates 1500 Walnut Street, Suite 1500 Philadelphia, PA 19102 GOLDBERG KATZMAN P.C. By: A/ltd e? l l . C ?JI?QTk Malinda A. Elliott, Paralegal Date: May 17, 2006 -i4 :Ad ? o Cl N v m co ., N Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 RACHEL MIKLUSH AND ALEXANDER MIKLUSH v. SHOWCASE AUTOSALES AND EUSTACE PEARCE Attorney for Defendant, Showcase Autosales and Eustace Pearce COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 05-4397 ORDER AND NOW this day of , 2007, it is hereby ORDERED and DECREED defendants Motion for Partial Summary Judgment is Granted. Plaintiff's claims were non-economic damages for pain and suffering and wage loss are dismissed, with prejudice. J. Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 RACHEL MIKLUSH AND ALEXANDER MIKLUSH V. Attorney for Defendant, Showcase Autosales and Eustace Pearce COURT OF OMMON PLEAS OF CUMBERLAND COUNTY NO. 05-4397 SHOWCASE AUTOSALES AND EUSTACE PEARCE PARTIAL MOTION FOR SUMMARY JUDGMENT PURSUANT TO PA R C P 1035 2 1. The subject automobile accident occurred on January 10, 2005, and plaintiff's Complaint alleges property damage and personal injuries as a result of said incident. 2. The accident occurred eastbound on the Camphill Bypass, from which both plaintiffs claim injuries. 3. Plaintiffs have been deposed and discovery answers provided by plaintiffs regarding their claimed injuries. 4. It is averred the deposition testimony and medical records fail to support plaintiffs alleged injuries as a result of the subject accident were permanent or serious, or that neither sustained a serious impairment of bodily function. 5. Discovery answers, including interrogatories and responses to request to produce from t plaintiffs, fail to support plaintiffs suffered serious injuries, or serious impairment of bodily functions as a result of claimed injuries due to the subject accident. 6. Medical records received pursuant to subpoena fail to support any claims by plaintiffs regarding serious injury or serious impairment of bodily function. 7. It is averred there is no genuine issue of material fact, that neither plaintiff sustained serious or permanent injuries or serious impairment of bodily functions. 8. Plaintiffs' are bound by the limited tort option, pursuant to personal automobile insurance in effect on the date of accident. 9. Pursuant to PA.R.C.P.1035.2 defendants contend partial summary judgment is appropriate to preclude plaintiffs claims for pain and suffering due to plaintiffs failure to meet the limited tort threshold. WHEREFORE, defendants request the instant Motion for Summary Judgment be granted. JACK EMAS-& ASSOCIATES BY: J Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 RACHEL MIKLUSH AND ALEXANDER MIKLUSH V. SHOWCASE AUTOSALES AND EUSTACE PEARCE Attorney for Defendant, Showcase Autosales and Eustace Pearce COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 05-4397 BRIEF IN SUPPORT OF PARTIAL MOTION FOR SUMMARY JUDGMENT PURSUANT TO PA.R.C.P.1035.2 Both plaintiffs claim personal injuries and property damage due to the subject accident. It is averred despite clearance of physical injuries, that plaintiffs should not be entitled to recover for pain and suffering due to their failure to meet the limited tort threshold. Evidence of serious or permanent injury, or serious impairment of bodily function, it is totally lacking in the instant matter warranting the entry of summary judgment. Depositions have been completed, and written discovery was changed between the parties. The deposition testimony (Exhibit "A") of Rachel Miklush taken on August 18, 2006 confirms on page 33: Q: Did any part of your body hit the interior of the vehicle? A: Well, my wrist got pushed up-1 guess the air bag-because the air bag was deployed. That's all I can really remember. I didn't hit the wheel or the windshield or anything. Q: Did you have any bruises on your body afterwards? A: Yes, on my wrist, I did. Q: Like a red mark? A: Yeah. It wasn't a bruise. Plaintiff was then seen on the day of the accident at Holy Spirit Hospital where x-rays were performed. Plaintiffs deposition testimony confirms on page 38: Q: Did you find out the results of the x-rays? A: Yes. Q: What were they? A: There was nothing wrong with the bones. On page 39 of the deposition plaintiff testified: Q: You called in that night? A: Yeah. Q: Then you missed the next three days? A: Yes. On page 41 of the deposition this plaintiff testified: Q: After you returned to work, how were you feeling then? A: Okay. Fine. Q: Were you having any problems? A: No. Rachel Miklush's answers to interrogatories further addressed the claimed injuries and any residual problems therefrom. While the interrogatory answers at that point when asked to provide detail of the injuries or diseases alleged as a result of the accident, plaintiff repeatedly noted "medical records will be supplied". It is significant to note pursuant to Exhibit "B", which is attached hereto that plaintiff responded no to the question as to whether she was unable to perform any of her customary occupational duties or social or other activities as she did prior to the accident and also confirm that there was no period of time that she was unable to perform any of said activities. Exhibit "B" of said interrogatory answers confirms that this plaintiff missed two (2) days from work and was not paid for her absences. The answers to interrogatories confirms that payments were made to plaintiff for property damage and medical bills. Also, the answers confirm plaintiffs, carried the limited tort option at the time of the subject accident. Rachel Miklush was seen at Holy Spirit Hospital and x-ray regarding her right wrist complaints were found to be normal with the impression of no acute process. Said report is attached as Exhibit "C", and there is no other documentation from plaintiff in discovery that Rachel Miklush underwent care, treatment or further consultation regarding any claimed injuries as a result of the subject accident. There is no evidence that this plaintiff sustained a permanent or serious injury, nor sustained a permanent impairment of the bodily function. Alexander Miklush was deposed on the same day as his wife. His deposition testimony (Exhibit "D") on page 41 states: Q: That was Tuesday. Did you go to work Wednesday? A: No. I took two days off. Q: Then you returned to work on Thursday? A: Correct. On page 42 of his deposition he stated: Q: Other than that trip to Holy Spirit Emergency, did you see any other doctors? A: Yes. I believe we went to Good Hope Family Physicians. Those are the primary practitioner or general doctor, whatever. On page 44 of the deposition he testified: Q: Other than maybe one trip to Good Hope, did you receive any physical therapy? A: No. Q: Did you see any other doctors? A: No. This plaintiff also answered defendant's interrogatories. It is significant to submit that in response to interrogatory number 8, which is Exhibit "E" herein, that plaintiff answered no to the question as to whether he was unable to perform any of his customary occupational duties or social other activities. Plaintiff did state in answer to interrogatory number 19 that he was still experiencing slight pain in his right knee. Attached as Exhibit "F" is a letter from said plaintiff's employer confirming that he lost two days from work after the accident. Plaintiffs answers to supplemental interrogatories (Exhibit "G") confirm that they were last examined at Holy Spirit Hospital on the day of collision and that plaintiffs are no longer treating for injuries sustained in this incident. The answers confirm Rachel Miklush has recovered from wrist and knee injuries. Plaintiffs supplemental answers specifically number 18, confirm plaintiffs have no limitations, sitting, standing or walking. Medical records from Holy Spirit Hospital, Exhibit "H", confirm that plaintiff Aleksadra Miklush's right knee was examined and found to be normal and there were no other diagnostic tests or medical reports to support that plaintiff sustained any acute or chronic injuries to his right knee. Plaintiffs medical bills and property damage were paid through insurance on the vehicle owned by plaintiffs. There is no evidence that plaintiffs auto policy failed to provide wage loss benefits. As wage benefits would be paid or payable through their insurance, there is no valid claim in the instant action for the two to three days that plaintiffs did not work subsequent to the accident. Under the circumstances, it is contended that with the exception of the property damage, plaintiffs claims were pain and suffering and the aforementioned economic claim should be dismissed, with prejudiced. There is no evidence that plaintiffs claims meet the limited tort threshold. Summary judgment should only be granted in the clearest of cases, and when same exists decided disposition on limited tort grounds and other claims that are paid or payable, are to be decided by a judge as a matter of law and not one for the fact finder. See Washington v. Baxter, 553 PA 434, 719 A.2d 733 (1998). In Dodson v. Elvey, 445 PA. super.479, 665 A.2d 1223 (1995), Alloactur Granted, 554 PA.608 674 A.2d 1072 (1996), partial summary judgment was granted due to plaintiff's failure to meet the limited tort threshold because the injuries were not serious. When addressing the threshold, it was confirmed that the Judge should not focus on the injury but on the nature and extent of the plaintiff's impairment as a consequence of the injury. There is no evidence whatsoever in the instant matter that either plaintiff suffered any impairment, and, further, no evidence that plaintiffs were unable or limited and restricted in doing work, social and athletic activities after the accident, when compared to their levels of activities pre-accident. Pursuant to PA.R.C.P.1035.2 it states, in part that any party may move for summary judgment in whole or in part as a matter of law: Whenever there is no genuine issue of any material fact as to a necessary element of the cause of action where defense which could be established by additional discovery or expert report, or 2. If, after the completion of discovery relevant to the Motion, including the production of expert reports, an adverse party who will bare the burden of proof if a trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. A Motion for Summary Judgment may properly be granted when the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact and that the moving parties are entitled to judgment as a matter of law. Pennsylvania v. Riverview Leasing Company, Inc. 167 PA.Cmwlth.32, 648 A.2d 580 (1994); Hopewell Estates, Inc. v. Kent, 435 PA.super 471, 646 A.2d 1192 (1994). A defendant may make the showing necessary to support the entry of summary judgment by pointing to materials which indicate that plaintiffs are unable to satisfy the elements of their cause of action. Godlewski v. Pars Manufacturing Company 597 A.2d 106, 408 PA.super.425 (1991). The parties seeking to avoid the entry of summary judgment may not rest on their averments in the pleadings; the party must show there is a genuine issue for trial once a properly supported summary judgment motion confronts him or her. Beckno v. Penn Linen and Uniform Service, Inc., 428 PA.super.563, 631 A.2d 674 (1993), appeal denied, 647 A.2d 895 (1993); Johnson v. Harris, 419 PA.super 541, 615 A.2d 771 (1992). The party opposing summary judgment must adduce sufficient evidence issues essential to their case and on which he bares the burden of proof such that a jury could return a verdict in his favor; the failure to adduce this evidence establishes there is no genuine issue of material fact and that the moving parties entitled to judgment is a matter of law. See Ertel v. Patriot-News Company, 544 PA.93 674 A.2d 1038 (1996). There are no medical records from treating physicians, hospitals nor testimony and discovery answers from plaintiffs, which in anyway support that these plaintiffs had met the limited tort threshold. Additionally, any claims for wage loss must fail. Under the circumstances, partial summary judgment is appropriate, with prejudice. WHEREFORE, defendants request the instant motion for partial summary judgment be granted. JAI BY Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 RACHEL MIKLUSH AND ALEXANDER MIKLUSH v. SHOWCASE AUTOSALES AND EUSTACE PEARCE Attorney for Defendant, Showcase Autosales and Eustace Pearce COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 05-4397 CERTIFICATION OF SERVICE I, Jack Emas, Esquire, do hereby certify that service of a true and correct copy of the within Partial Motion for Summary Judgment has been sent to the counsel below by the United States, Mail, postage pre-paid on the f 4day of ay4t/_2007. Carly J. Wismer, Esquire Goldberg Katzman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 JAI BY VERIFICATION I, JACK EMAS, ESQUIRE states that he is the attorney for the defendants in the above matter; and that based on information in the Motion for Partial Summary Judgment is true and correct to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. EXHIBIT Page 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RACHEL MIKLUSH and ) ALEXANDER MIKLUSH, ) PLAINTIFFS VS. SHOWCASE AUTO SALES and EUSTACE PEARCE, DEFENDANTS DEPOSITION OF: TAKEN BY: BEFORE: DATE: PLACE: APPEARANCES: NO. 05-5528 RACHEL MIKLUSH DEFENDANTS JENNY SCALISE, RPR NOTARY PUBLIC. AUGUST 18, 2006, 11:00 A.M. GOLDBERG KATZMAN 320 MARKET STREET HARRISBURG, PENNSYLVANIA GOLDBERG KATZMAN BY: CARLY J. WISMER, ESQUIRE FOR - PLAINTIFF JACK EMAS & ASSOCIATES BY: BRIAN P. LAWLOR, ESQUIRE FOR - DEFENDANTS ALSO PRESENT: ALEXANDER MIKLUSH VERITEXT PA COURT REPORTING COMPANY (215) 241-1000 (888) 777-6690 (610) 434-8588 Page 33 1 A. Yes. 2 Q. When you were talking to the police 3 officer, was your husband present? 4 A. Yes. 5 Q. Was the other driver present? 6 A. I don't remember. I don't think so. 7 Q. Did the police officer ask you if you were 8 injured? 9 A. Yes. 10 Q. What did you say? 11 A. I said not life-threateningly injured. 12 Q. You weren't wearing a seat belt? 13 A. No. 14 Q. Did any part of your body hit the interior 15 of the v ehicle? 16 A. Well, my wrist got pushed up -- I guess the 17 airbag - - because the airbag was deployed. That's all 18 I can re ally remember. I didn't hit the wheel or the 19 windshie ld or anything. 20 Q. Sure. So the driver's side airbag? 21 A. Yes. 22 Q. Was there a passenger-side airbag? 23 A. Yes. 24 Q. Did they both come out? 25 A. Yes. VERITEXT PA COURT REPORTING COMPANY (215) 241-1000 (888) 777-6690 (610) 434-8588 Page 34 1 Q. You might have hit your left wrist up 2 against the airbag? 3 A. Yeah. 4 Q. I meant to ask you, you mentioned you hit 5 the brakes. Right before impact, did you turn your 6 wheel in any direction? 7 A. No. 8 Q. You just continued straight? 9 A. Yes. 10 Q. Were you bleeding at all? 11 A. No. 12 Q. Did you lose consciousness? 13 A. No. 14 Q. Did you have any bruises on your body 15 afterwards? 16 A. Yes, on my wrist, I did. 17 Q. On the left wrist? 18 A. Yes. 19 Q. If you can, point out where. 20 A. It was kind of along the bottom here. It 21 looked like a burn, honestly. 22 Q. Like a red mark? 23 A. Yeah. It wasn't a bruise. 24 Q. Could it have been like a rug burn or 25 something? VERITEXT PA COURT REPORTING COMPANY (215) 241-1000 (888) 777-6690 (610) 434-8588 Page 39 1 A. Yes. 2 Q. What were they? 3 A. There was nothing wrong with the bones. 4 Q. No break? 5 A. No. 6 Q. Then you went home. Did you call in sick 7 the next day? 8 A. No. I called the night before. 9 Q. You did? You mean you called work? 10 A. Ye.s. 11 Q. Is there a third shift? 12 A. Yes. 13 Q. So people come in after nine o'clock? 14 A. Yes. 15 Q. How late do they work? 16 A. Midnight. 17 MS. WISMER: Can we go off the record for a 18 second? 19 (Discussion held off the record.) 20 BY MR. L AWLOR: 21 Q. You called in that night? 22 A. Yeah. 23 Q. Then you missed the next three days? 24 A. Yes. 25 Q. How were you feeling those days? VERITEXT PA COURT REPORTING COMPANY (215) 241-1000 (888) 777-6690 (610) 434-8588 Page 41 1 Q. Did he do that when he was back in 2 Washington? 3 A. I think he was still here, but his bank was 4 in Washington. 5 Q. After you returned to work, how were you 6 feeling then? 7 A. Okay. Fine. 8 Q. After that weekend, were you having any 9 problems? 10 A. No. 11 Q. So you were basically okay? 12 A. Yes. 13 Q. Did you seek any further medical treatment? 14 A. No. 15 Q. Holy Spirit Hospital, is that the medical 16 treatment you got? 17 A. Yes. 18 Q. And just the one X-ray? 19 A. Yes. 20 Q. After the accident did you have any 21 conversations with the other driver at all? 22 A. No. 23 Q. I may be finished. Let me take a look at 24 my notes. Was your car totaled as a result of this? 25 A. Yes. VERITEXT PA COURT REPORTING COMPANY (215) 241-1000 (888) 777-6690 (610) 434-8588 EXHIBIT «B» Thomas E. Brenner, Esquire Carly J. Wismer, Esquire GOLDBERG KATZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 1268 Attorneys for Plaintiffs RACHEL MIKLUSH AND ALEKSANDR MIKLUSH, Plaintiffs VS. SHOWCASE AUTO SALES AND EUSTACE PEARCE, Defendants :1N THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO 05-4397 r RACHEL MIKLUSH'S ANSWERS TO DEFENDANTS INTERROGATORIES To: Jack Emas, Esq. Jack Emas & Associates 1500 Walnut Street, Suite 1500 Philadelphia, PA 19102 1. Please state: (a) Your full name, date and place of birth (b) Social Security Number. (c) Service and inclusive dates of military service. (d) Have you been known by any other name? If so, give the other names and state where and when you used such names. (e) Blue Cross and/or Blue Shield Number, and, if applicable, Medicare or Public Assistance Number. (g) State the name and address of each school, college or educational institution you have attended, listing the dates of attendance and the course of study. (a) Rachel Aline Miklush was born on 7/28/82 in Hanover, PA (b) 191-68-5216 (c) N/A (d) Rachel Sheffer (maiden name) (e) N/A (g) Biglerville High School Harrisburg Area Community College - August 2000 to May 2001 (English/Elementary Education) 2. State in detail the injuries or diseases that you allege that you suffered as a result of the accident referred to in the Complaint. Medical records to be supplied. 8. State whether, as a result of this accident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the accident, stating with particularity (a) the duties and/or activities you have been unable to perform, (b) the periods of time you have been unable to perform, and (c) the names and last known addresses of all persons having knowledge thereof. No. 22. Have you been absent from work at any time or times since the date of the accident set forth in the Complaint? If so, state: (a) The date of all absences from work and the reasons therefore; (b) Your rate of pay and the dates of such absences, whether you received pay for the dates of absences and, if so, for what reason. Plaintiff missed two days of work for case related matters and was not paid for her absences. Please refer to exhibits for evidence thereof. 26. Please state whether your policy of insurance provides for the full tort or limited tort option as defined in Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa. Cs. § 1701 et seq. Limited. ExHIgIT <<C>> Holy Spirit Hospital Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763-2600 PATIENT: MIKLUSH, RACHEL A M R#: 482377 SOC SEC: 191-68-5216 ORD OR: PAM DARDEN,CRNP/ M.D. PT TYPE: E DOB: 07/28/1982 LOCATION: ER1 D- DICTATION DATE: Jan 10 200511:29P TRANSCRIPTION DATE: Jan 11 2005 9:15A ADM DATE: 1/101 ARRIVAL DATE: 005 HOSP SERVIC OTT- ***Final Report*** EXAMINATION: LEFT HAND 73130 - 01110/2005 COMMENTS: *** VOICE TO TEXT RESULT ADDENDUM Exam: Left Hand, complete, minimum 3 views REVIEWED BY: DATE: No Action Needed File Send/Fax the Results to Check Orders Beicw History: Injury Result: There are no fractures or other bony abnormalities. The bones are well-mineralized. The joint spaces are well- maintained. The overlying soft tissues are normal. *** END OF ADDENDUM *** COMMENTS: Exam: Left hand 4 views. Indication: Trauma. Findings: No fracture or dislocation was evident. Examination was otherwise unremarkable. CONCLUSION: *** VOICE TO TEXT SYNOPSIS ADDENDUM *** Normal left hand. *** END OF ADDENDUM '** CONCLUSION: Impression: no acute process. DICTATED BY: ELIAS NAJEM M.D. / PSC DATE OF EXAM: 01/10/2005 SIGNED BY: TIMOTHY FARRELL M.D. DATEITIME: Jan 11 2005 9:15A REVIEWED BY: 1v W1 7"!c Action Need d i Se11."i/Fax the Results to Check Orders Below Imaging Services Consultation Page 1 EXHIBIT <<D» Page 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RACHEL MIKLUSH and ALEXANDER MIKLUSH, PLAINTIFFS VS. SHOWCASE AUTO SALES and EUSTACE PEARCE, DEFENDANTS DEPOSITION OF: TAKEN BY: BEFORE: DATE: PLACE: APPEARANCES: NO. 05-5528 ALEXANDER MIKLUSH DEFENDANTS JENNY SCALISE, RPR NOTARY PUBLIC AUGUST 18, 2006, 12:04 P.M. GOLDBERG KATZMAN 320 MARKET STREET HARRISBURG, PENNSYLVANIA GOLDBERG KATZMAN BY: CARLY J. WISMER, ESQUIRE FOR - PLAINTIFF JACK EMAS & ASSOCIATES BY: BRIAN P. LAWLOR, ESQUIRE FOR - DEFENDANTS ,, VERITEXT PA COURT REPORTING COMPANY (215) 241-1000 (888) 777-6690 (610) 434-8588 Page 38 1 would have been stopped. 1 2 MR. LAWLOR: Move to strike as 2 3 nonresponsive. 3 4 (Discussion held off the record.) 4 5 THE WITNESS: I am sorry. You can move 5 6 whatever. It's a personal -- 6 7 BY MR. LAWLOR: 7 8 Q. How long did you remain on the scene? 8 9 A. It would have been maybe 20, 30 minutes. 9 10 Q. How did you leave the scene? 10 11 A. In my wife's stepfather -- well, Edwin' 11 12 Fletcher's car. 12 13 Q. Was that the first time you met Edwin 13 14 Fletcher? 14 15 A. No. 15 16 Q. You met him before? 16 17 A. Many times. 17 18 Q. Where did Mr. Fletcher take you? 18 19 A. He took us home. 19 20 Q. Then what did you do once you got home? 20 21 A. We came home, and we just -- after he four 21 22 out what happened, we went to the hospital. 22 23 Q. Did you go to Holy Spirit Hospital? 23 24 A. Yes. 24 25 Q. When you got to Holy Spirit Hospital, were 25 Page 39 1 you feeling any pain in your body? 1 2 A. Yes. I was nauseous, a little -- yeah, I 2 3 had some pain in my knee. 3 4 Q. In your right knee? 4 5 A. Correct. 5 6 Q. Anywhere else? 6 7 A. Let me see. Just kind of just the whole 7 8 head area. Let me see, that was -- yeah. In regards 8 9 to the knee, to be honest with you, it didn't leave any 9 10 scars or anything like that. It was just bumped. They 10 11 said you hit wherever, the door and stuff. I don't 11 12 even remember which knee it was, but -- I think it was 12 13 the right. 13 14 Q. The only reason I said right is because it 14 15 seemed like you were reaching down toward your righ 15 16 knee. Did they take any X-rays? 16 17 A. Yes. 17 18 Q. Which part of your body? 18 19 A. The knee part, and I believe the CAT scan. 19 20 Q. Of your head? 20 21 A. Yes. 21 22 Q. Did you bump your head on anything? 22 23 A. I would assume that would be the airbag. 23 24 Q. You mentioned the cuts on your head? 24 25 A. Right. 25 Page 40 Q. Did they treat those cuts in any way? A. Yes. They weren't very bad. I think they applied some kind of -- whatever they do at the hospital. Q. Merthiolate? A. Right. Q. There is an old term. Did you get any stitches? A. No. Q. Did they give you any medication? A. No. I had like crutches and stuff. Q. They gave you crutches? A. Yes. Q. For your knee? A. Yis, a thingy that would make you not be the leg and stuff. Q. Did they give you a knee brace? A. Yes. Q. Is it something you pull over your leg? A. Yes, and those little thingies. Crutches, I think they are called. Q. Were you having any problems walking? A. At first, yes. It was painful. Q. Then the next day was Tuesday. Did you to work? Page 41 A. No. Q. Why not? A. Because I was in pain. Plus, we had no vehicle. It just seemed like, you know, I don't know, I wasn't feeling very good. Q. Did you call off that next morning? A. Yes. Q. Did you talk to Helen Bridges? A. No. It works differently. Helen Bridges would be the supervisor. We have a different person if you call in sick or any type of -- you talk to somebody else. Q. Back in January of 2005, do you know who that person was? A. Tina Musleman. Q. Is she still working there? A. That's correct. M-u-s-l-e-m-a-n. Q. Two Ns or one N? A. I think just one N. Q. You told Tina Musleman what happened? A. Yes. Q. That was Tuesday. Did you go to work Wednesday? A. No. I took two days off. Q. Then you returned to work Thursday? 11 (Pages 38 to 41) VERITEXT PA COURT REPORTING COMPANY (215) 241-1000 (888) 777-6690 (610) 434-8588 Page 42 1 A. Correct. 1 2 Q. When you returned to work Thursday, what 2 3 time did you have to be at work? 3 4 A. Nine-thirty. 4 5 Q. Until 5:30 or something? 5 6 A. Six-thirty. 6 7 Q. Do you remember how you got to work that 7 8 Thursday? 8 9 A. Yes. My wife dropped me off. 9 10 Q. Was that in a rental car? 10 11 A. Correct. 11 12 Q. Your wife dropped you off that Thursday. 12 13 Were you using crutches? 13 14 A. No. 14 15 Q. How long did you use the crutches for? 15 16 A. It was like a day, a day after. I used the 16 17 brace for the next few days, and it just got a lot 17 18 better. 18 19 Q. Did you have any bruises on your knee? 19 20 A. No. I think everything went away. It must 20 21 have been slightly bluish from the bump, but it was 21 22 okay. 22 23 Q. Other than that trip to Holy Spirit 23 24 emergency room, did you see any other doctors? 24 25 A. Yes. I believe we went to Good Hope Famil 2 5 Page 43 1 Physicians. Those are the primary practitioner o 1 2 general doctor, whatever. 2 3 Q. Primary care physician? 3 4 A. Yes. 4 5 Q. Good Hill? 5 6 A. No, Good Hope. 6 7 Q. Two words, or one word? 7 8 MS. WISMER: I think it's two. 8 9 (Discussion held off the record.) 9 10 BY MR. LAWLOR: 10 11 Q. Good Hope -- 11 12 A. Family Physicians. 12 13 Q. Where are they located? 13 14 A. On Good Hope Road. I don't know the 14 15 exact -- 15 16 Q. Do you know what town that is? 16 17 A. I think Enola. 17 18 Q. E-n-o-l-a? 18 19 MS. WISMER: Yes. 19 20 BY MR. LAWLOR: 20 21 Q. That's close to Harrisburg? 21 22 A. Yeah. It's close to Camp Hill. 22 23 Q. Do you know the ZIP? 23 24 A. No. 24 25 Q. When did you go there in relation to thi 2 5 Page 44 accident? How many days later, or weeks? A. I don't remember. Q. How many trips did you make to Good Hoy after this accident for this accident? A. For this accident? Q. Yes. A. I don't remember. At least one. Q. Do you remember which doctor you saw? A. I don't remember, because it was on short notice. They had to give you somebody -- whoever available, right. Q. When you went to Good Hope, did they gig you any recommendations? A. Well, they said just, like, take care of it, don't do'anything else. It was a long time ago. I don't remember the details. Q. Did they give you any medication? A. I don't remember. Q. Other than that maybe one trip to Good Hope, did you receive any physical therapy? A. No. Q. Did you see any other doctors? A. No. Q. You mentioned you underwent X-rays the night of the incident. Did you undergo any other Page 45 X-rays at any other time for this incident? A. No. Q. Any MRI studies? A. No. Q. Just the one trip to Holy Spirit emergency room and the one trip to Good Hope? Do you recall seeing any other doctors for this incident? A. I don't remember. Q. Other than missing those two days right after the accident, did you miss any other work because of this accident? A. Except that time I had to go to court -- actually twice. That's twice. That time I went to Carlisle, and we went to district justice in Camp Hill, so yes. Q. Two other days? A. Not full days. It was like -- do you know how long the other one was? Q. Only if you know. A. Total maybe about six to eight hours for the both two days combined, because both days I went work, but half-a-day type of thing. Q. The one day in court where I saw you, and another day in court for the district justice? A. Right. 12 (Pages 42 to 45) VERITEXT PA COURT REPORTING COMPANY (215) 241-1000 (888) 777-6690 (610) 434-8588 Page 46 1 Q. That's it as far as -- 1 2 A. Yes. 2 3 Q. How are you feeling today? Any pain? 3 4 A. No. I am good. .4 5 Q. Did the knee hurt for any length of time? 5 6 A. Since then, it was -- it got a lot better 6 7 since then. I had some trouble, like, bending like my 7 8 knee in terms of bending over and stuff. My doctor - 8 9 like a physical I had done, she mentioned something 9 10 about it. 10 11 Q. Who is that doctor? 11 12 A: I don't remember her name. It was a lady. 12 13 Q. At Good Hope? 13 14 A. Yes. I think she was the actual primary 14 15 lady there. 15 16 Q. Before January 2005, had you ever been in 16 17 an auto accident? 17 18 A. I believe one time in New York. 18 19 Q. When was that? 19 20 A. It was a long time ago. I don't remember 20 21 what year it was. I don't remember what year it was. 21 22 But it wasn't very bad, very bad at all. I didn't have 22 23 any complications. 23 24 Q. Did you suffer any injuries? 24 25 A. I don't remember. It wasn't -- . 25 Page 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Were you driving in that accident? A. No, no, no. I was actually in the right side rear in the back. Q. What happened? Did you get rear-ended? A. Yes. We were making a right turn and somebody hit us on the -- trying to cut in or something. It went on the inside, so it went to my side, right side. Q. Towards the rear where you were sitting? A. Right. We were at an intersection. It was just actually like five, ten miles. It was not -- Q. Was that New York City? A. That's correct. Q. Did the police show up? A. Yes. Q. Were you taken to the hospital? A. I think they wanted me to go, so I believe so, yeah. I can't quite remember, to be honest with you. Because my gramma was in the vehicle. She we to the hospital. I believe we went together. So yes, I think so. Q. Do you know which part of the city you were in? A. It was Brooklyn. It would have been -- I don't remember. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 48 Q. Was it in the 2000s or the 1990s? Do you remember that? A. 1990s, late 1990s, my best estimate would be. Q. Does your grandmother still live in Brooklyn? A. Yes. Q. Do you know where she lives? A. She doesn't live with us. She has her own place now. No, I don't remember. She was usually a my parents, so if I need to get in touch with -- Q. What is her name? A. Maria. Q. What is her last name? A. BARU -- it's -- you can put B-a-r-a-n-u-k-e. Q. Your gramma did go to the hospital? A. Yes. Q. And you may have gone, too? A. Yes. Q. Do you remember what the name of the hospital was? A. No. Q. Do you think the hospital was in Brooklyn? A. Yes. Page 49 Q. Did you file a lawsuit because of that incident? A. I believe so. Q. Has that lawsuit been settled? A. I believe so. Q. Did you receive some money? A. I think so, yes. I think it was handled -- since I was not like an adult or something -- I don't know. From what I know, like I said, it was a long time ago. I don't remember the details of how much - Q. Were you under 18 when this incident occurred? A. Yes. Q. You were represented by a guardian? A. The parent. Q. And a New York attorney? A. Yes. Q. Other than that accident, have you been involved in any other accidents? A. No. Q. Since January of 2005, have you been in any accidents? A. No. Q. Before January 2005, had you ever injured yourself in any way? 13 (Pages 46 to 49) VERITEXT PA COURT REPORTING COMPANY (215) 241-1000 (888) 777-6690 (610) 434-8588 EXHIBIT Thomas E. Brenner, Esquire Carly J. Wismer, Esquire GOLDBERG KATZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 1268 Attorneys for Plaintiffs RACHEL MIKLUSH AND :IN THE COURT OF COMMON PLEAS ALEKSANDR MIKLUSH, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs :NO 05-4397 vs. SHOWCASE AUTO SALES AND EUSTACE PEARCE, Defendants ALEKSANDR MIKLUSH'S ANSWERS TO DEFENDANTS INTERROGATORIES To: Jack Emas, Esq. Jack Emas & Associates 1500 Walnut Street, Suite 1500 Philadelphia, PA 19102 1. Please state: (a) Your full name, date and place of birth. (b) Social Security Number (c) Service and inclusive dates of military service. (d) Have you been known by any other name? If so, give the other names and state where and when you used such names. (e) Blue Cross and/or Blue Shield Number, and, if applicable, Medicare or Public Assistance Number. (g) State the name and address of each school, college or educational institution you have attended, listing the dates of attendance and the course of study. (a) Aleksandr Miklush was born on 9/9/83 in Uzbekistan (b) 194-80-1016 (c) N/A (d) No. (e) N/A (g) FDR High School, Brooklyn, NY 8. State whether, as a result of this accident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the accident, stating with particularity (a) the duties and/or activities you have been unable to perform, (b) the periods of time you have been unable to perform, and (c) the names and last known addresses of all persons having knowledge thereof No. 19 Describe any pain, ailment, complaint, injury or liability that you presently have as a result of the accident here involved. Plaintiff Aleksandr Miklush still experiences slight pain in his knee. EXHIBIT «F» DELTA DENTAL' Delta Dental of Pennsylvania One Delta Drive Mechanicsburg, PA 17055-6999 717-766-8500 800-932-0783 TTY/1'DD 888-373-3582 www.MidAtlanticDeltaDental.com July 20, 2005 To Whom It May Concern: RECEIVED JUL 117-1 .9 NEI, Aleksandr Miklush, 30-# 134-00-1016, is employed by 136 Ita Dental of Pennsylvania. He was out of work on January 11, 2005 and January 12 2005. On January 11, 2005 he used 8 hours vacation and on January 12, 2005, he used 4 hours sick and 4 hours vacation. His hourly rate at that time was $12.74. If you should have any additional questions, please contact us at (717) 766-8500. Sincerely, Wendy L. Moroski Coordinator, Human Resources 351 E,XfIIBIT .jr jic?? Thomas E. Brenner, Esquire Carly J. Wismer, Esquire GOLDBERG KATZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 1268 Attorneys for Plaintiffs RACHEL MIKLUSH AND ALEKSANDR MIKLUSH, Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO 05-4397 VS. SHOWCASE AUTO SALES AND EUSTACE PEARCE, Defendants PLAINTIFF'S ANSWERS TO DEFENDANTS SUPPLEMENTAL INTERROGATORIES To: Jack Emas, Esq. Jack Emas & Associates 1500 Walnut Street, Suite 1500 Philadelphia, PA 19102 1. (a). State in detail what injury and complaints you have as of the present time which you attribute to the accident upon which this suit is based. (b) If you have recovered from any of the injuries which you attribute to the accident, please state in detail what these injuries were and when you recovered from same. ANSWER: Rachel's has recovered from the wrist and knee injuries she sustained in the collision. 2. When and by whom were you last examined or given medical attention for the injuries received in the accident? ANSWER: Plaintiffs were last examined at Holy Spirit Hospital on the day of collision. 4. If you are still under treatment for the injuries received in this accident, state by whom and how frequently, as of the present time, such treatments are being given, and the nature and expected duration of such treatment? ANSWER Rachel and Aleksandr are no longer treating for the injuries sustained in this incident. 18. Please describe what percentage of time plaintiff sits, stands and walks. Plaintiffs have no limitations sitting, standing or walking. EXHIBIT i?fj s ?Y O S P17 yh=e tpa.mUns are to be a=vered by aach pnorient regi:iw-erd jbr tr'eatmeni at the J The paiiaV nr the Registration iecrdan: non, comp2ete thisfiom wilh i7ie R Dieu ?'..rnergea.cy Cerier?} ian1'x ininrmniirm 1 ?. J o p)-a ]save a 1Tim«7-lr Care pbysiciass or Clinic? ONo,1 do not'hai7e a 1'r mary Carne pbysiC2237 O'atiant states u lmolva OPatient ' out of home state Yves Namt of p1iy.-it . n for pra&rt gravp 3F'ES : Did you ne13fy y= Fami3y Medic23 Doctor l h maiy care physicsa? that yoa-w= seel±ag treatinEnt in the Em.ergen.cy Room? (( To 0 eel ibis is a medical Emergency. L?'Yes Dyes, Tlease Check one of the following O 1 could not get 2m appose it O 1 coul d not get an appom-b neul 5n a ti=ly fashion 0 The office -was, closed / did not answer the phony ' . O My pbysician.'s office dil: ect> ;d me to tU.e ER O I feel Ibis; is a medical euaergez++ry I 'adentxxesadesin a Nursing Facility CLTC) Camp Hill, PA 17011 R. Dietz Emergenug Cenier ? ?1;ll??i??'? C ?7TO?Tlnf?1 .?.73.1:O1TJ1 1 • F} to a->? oza-S? ee ; 194_80-1QALECSANDR A G ED GROUP 6 21 M. 336619 09/09/1983 01/10/05 R1 24701C C S.,' ' ass z, ;_s Z A Crlgina? ? VJ - ' 1A€i,4aJ 1 rrurd -.... YEi•) t%Sw Holy Spirit Hospital ' Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763-2600 PATIENT: MIKLUSH, ALEKSANDR A M R#: 536618 SOC SEC: 19480-1016 ORD DR: PAM DARDEN,CRNP/ M.D. PT TYPE: E DOB: 09/09/1983 LOCATION: ER1 D- DICTATION DATE: Jan 11 2005 8:27A TRANSCRIPTION DATE: Jan 11 2005 8:27A I_-- ._. ADM DATE: 01710/2005 ARRIVAL DATE: 0 HOSP SERVICFrffRT-) 'Final Report*** EXAMINATION: RIGHT KNEE 73864 - 01/1012005 COMMENTS: Exam: Right Knee, complete, minimum 3 views History: Injury No Action Needed File Send/Fax the Results to Check Orders Below Result: There are no bony abnormalities. The joint spaces are well-preserved. The overlying soft tissues are normal. There is no joint effusion or hemarthrosis. CONCLUSION: Impression: Normal right knee. DICTATED BY: TIMOTHY FARRELL M.D. / PSC DATE OF EXAM: 01/10/2005 SIGNED BY: TIMOTHY FARRELL M.D. DATE/TIME: Jan 11 2005 8:27A REVIEWED By DATE: MD DO/CRNP - --._ hro Action Neede "Se'rd`Fax tho Results to ?._ Creek OrdrES Below REVIEWED BY: UAT Imaging Services Consultation Pape 1 Holy Spirit Hospital Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 17011 (717) 763-2600 PATIENT: MIKLUSH, ALEKSANDR A DICTATION DATE: Jan 10 200511:41 P MR#: 536618 TRANSCRIPTION DATE: Jan 10 200511:41 P SOC SEC: 194-80-1016 ORD DR: PAM DARDEN,CRNP/ M.D. PT TYPE: E ADM DATE: 01/10/2005 DOB: 09/09/1983 ARRIVAL DATE: 01/10/2005 LOCATION: ER1- HOSP SERVICE: ER1 'Final Report*** EXAMINATION: CT BRAIN WO CONTRAST 70450 - 01110/2005 COMMENTS: EXAM: CT scan brain without contrast. INDICATION: Headache. FINDINGS: No foci of abnormal attenuation, mass-effect, extra-axial fluid collections or cerebral hemorrhage. Cerebral ventricles normal in size, shape and position. Minimal mucosal thickening ethmoid sinuses bilaterally. Remaining visualized paranasal sinuses, mastoids, skull and orbits unremarkable. CONCLUSION: IMPRESSION: Normal examination. DICTATED BY, ELIAS NAJEM M.D. / PSC DATE OF EXAM: 01110/2005 SIGNED BY: ELIAS NAJEM M.D. DATEIFIME: Jan 10 2005 11:41P Imaging Services Consultation Page 1 IM#lal Lab & X-Rav Orders: Labs ( I Acetaminophen [ J DOAS [ ] Thromboiytlc Labs [ J Acetone (SACE) [ ] ESR [ ] Tox Screen [ I Alcohol (ALCO) [ ] Glucose ( I Urine Tax Screen ( I Amylase&Jpam ( ] HCGS [ ] TSHR I 1 APTT [ J HIV ( ) Type&Crom w of units ( ] BBH [ ] Liver (SOR) ( ] Blood Cultures Prow [ ] Type & Screen ( ] BMP ( I Lytea I I UA: [ ] DIP [ ] DIAG. ( I CBCP { ] Phenobarb ( I Urine C & S ( 1 CMP ( ] PTP [ I Urine HCG [ ] CRPI [ ] Salicylate ( I WC Breath Aloo Test [ 1 Digoxin [ ] Theo ( J WC Drug Screen I 1 Dilantin [ ] Other: ft r Radio [ ) AbdK)bsM. Series [ 1 KUB [ J Ankle R L ( ] L/S Spine [ I Clavicle R L ( ] Mandible [ 1 Cerv. Spine Rt. / Lat. [ ] Nasal ( 1 Chest Rtn. I Port / TPA ( ] Orbit R L [ 1 Elbow R L [ ] Pelvis ( 1 Facial ( l Pyelogram IVP [ j Femur R L [ ] Ribs R L ( J Finger R L [ ] Shoulder R L [ ] Foot R L [ ] Skull ( ] Forearm R L [ ] Sternum ( ] Hand R L [ ] T/Spine [ ] Hip R L [ ] Tile / Fib R L [ l Humerus L [ 1/1 Kn" L [ ] Toe R L 1 wrist R L [ ] Other. - Time/CRTnnt REASON: t/?? S»ecla! Ph;oedurw: Ultrasound: CT: (W=With contrast; WO=Wlthout) [ )Abdomen ( ] AbdomordPNv ls W -AW [ ] VO Scan [ ] Duplex Doppler (UAWMW W [ ] Echo. [ J Gallbladder ( ] Chest W O cardiogram [ ] Pelvic) ( ] Spiral chest for PE Tranevaginal [ ]Other c TlrltarcRrnM. R ? REASON:/ L.LL1/rcj`I [& /? Y Sveclmena/Cult w" ( I Beta Strop AG Rapid [ J Stool C & S [ ] Cervlcal/Genltal [ ] Stool O & P ( ] Chlamydia [ ] Stool C. Dflltdle [ ] GC Culture [ ] Trichomonas [ ] Monospot (rapid) [ ) Wound C & S [ ] Sputum C & S [ ) Other Wiling Classification: PHYSICIAN CHARGE FACILITY CHARGE Cardiac ( 1 Monitor ( J EKG' ( 102 UMin. ( 1 02 Saturation Rsaplraforv ( ] ABG's I 1 Peak Rows Betore(After Resp. Tx. [ 1 Respiratory Tx. Medications / IV's / Additional Orders DateMme Date/nmeAnt. N: NSS/ D5W/ LR/ 05/.45NS/ D5.9NS WO/KVO/infuse at ml"r Obtain old records ] Td [ Protocol Initiated tor: l N i i Radio ogy Dept. Completion f cation Exam(s): . - C)c Date: Time: Radlolo Dept. Cu pfetfon Not" on Init? ?"" ExamisY , y ? ,; ? ? ? mx J r Date: Initials: Signature: Initials: Signature: RN/MA RN/MA Dictated: Hof [ ] Completed [ ) CRITICAL CARE: hrs. Diagnostic Impression: ,au l" /(f • a .r, A ? gist lL! [ ] Level 1 [ 1 Level 1 [ ] Accident Consulting/Admitting physician: [ ]Level II [ ] Level III ( J Level II ( ] Level III ( ] Medical l [ ] Case 1 S[gnetr? ? 1 1110/00/10 P [ ]Level IV [ ]Level IV [ ]Extended Hrs. ' Date' -T? Time: rho 1 [ ] Level V [ ] Level V Holy Spirit Hospital Camp Hill, PA John R. Dietz Emergency Center Physician Order Sheet 206-ECU REV. 70/00 VVtMC MIKLUSH ALEKSANDR A 21 M 194-80-1016 09/09/1983 ED GROUP ER1 536618 01/10/05 24706665 CHART COPY FMD: "Na: Login: 0142- BID. ' 02SAT V Triage: Q JSb _ T O, R Room: a 3 y Advanced Directives • moo.. Yes ? No ?0 Ached r &[YLSM Nod) Exposure to easles ct m pox, TB? Yes ? ripirT n_ Date: JIM( .S- Name: Mode of Arrival: BLS ? ALS gage Chief Complaint C Rwl 4 i' ' a.71"•i li M}M}MIi'I?IMY?fiiyiM, ??? i.+ t SJ t r i PMH Checklist.- None ? MI ? HTN Q CAD ? CHF ? ASTHMA ? CANCER ? STROKE CI NIDDM O IDDM ? Surgeries ? Other ? Allergies" Latex Allergy Yes ? N Immunizations: UTD ? Not UTD ? Tetanus • LMP -t /A HOH ? Sneaks Enalish Yes No ? Treatment 0 Triage Intensity Scale n 110 Adu#_ Wong Baker ? Character: Ache ? Dull ? Sharp Pressure Burning ? Throbbing ? Radiating ? Duration Frequency What relieves Pain? Triage Notes: Info obtained by: EMT O Medic ? List O Bottles [3 Patier;%' Dose Meds Dose t nd Mods Unknown ? Injury: Place _ location On Holy Spirit Hospital Camp Hill, PA 17011 John R. Dietz ECU Nursing Assessment ? Skin Color, WNL)Sq ? Cyanotic ? Skin Temp: Warm-,Q Cool ? 'Distal Pulses: Yes No ? Edema: Yes O No D Deformity: YesO ? Ecchymosis: Yes El No ? Triage to Radiology at MIKLUSH ALEKSANDR A 21 M 194-80-1016 09/09/1983 ED GROUP ER1 536618 01/10/05 24706665 201•Ec„ 1R2 Ift Rs„• Ls CHART COPY r01- rte. Appearance: Cleft".. cow, Tsmp: Apeach: li4?NNLINNI m Derail Dpale Uoool Uioud Oobese Ofiushed Ohot Osluned oemadated Ocyanotic ,t3dry Otalkative Disundiced Odiaphoretic Umumbling Gaff: omottled Orash Dbab Y ON/A 0"l Datxtormal entsl Status: Mconsclous Ouneooperativs Olelhergic Ooombstlve Qoontussd Uww* os oriented to: ohysterical Qbanpn Response to Stimuli Qiplaw PPiapprop"aft Mime Odelayed UrestrainVseduslow w sheet piratory: Gastrointestinal UNIA Trauma NIA psyrnmetrical *anies Vain Isyrrnptorrs Location and tstist>ored Onausea Odiarrhea Qiabored DVMAng Dconstipation Oabrasion. 13$08 OHematerriesis otaceration. ?coWh Uve Last SM Oeochymosis QO; L via_ OAtxtorthen tender Ddefomhity %Sar Odistended Ofirm Dsoft Obums: OWeeding: Nquro O NIA AQMdache ?PERL R L O neck Size ?nadk pain Pinpoint -Cl O Qlacial droop Dilated 00 ?numbness: Fixed ? ? Sluggish ? O non-reactive ? O Oweakness Uederna aerythema GUI GYN )AWA Gajroiovascular: denies s/s ? flank pain L / R ?Chest pain nies Q Monitored rhythm: See Ohequency Mediating: area: nursing Assessment Ourgency severity _/to Severity _ MG Qpacer ?Dywria ?oonstant Qsharp Uederne - Ohlematuria Qurethral discharge ?Intemhittent Odull Qretention ?vaginai discharge Oburning ?heavy ? calf lendemess R I L QOther: Ovaginal bleeding ?SOB o pleuritic ?wamhth Uredness Ofoley present a Onon-radiating Oradiating. Ocapillary refill. ?nausea Orapid Odelayed PATIENT OBSERVATIONS: Completed by:lKfl\ Time: A 36 Protocol Initialed EKG done Labs donee-ray done C"I belt within reach QSide rails up x2 Wompenion with patient DER procedure alned EENT denl.s a/s (3WA Eyes Ears Aroso Throat Qblurred vision L / R Amity: OPain LIR Ocongestion ?sore Qdouble vision L / R R 1, Qdischarge Odrainage Odrooling QPhotophobta L / R ?wtth lenses Qepistaxbk L / R Odysphagha NURSING ASSESSMENT: .t '7 i9 c? ?IJL _ 0 C7 RN Signature: IV Therapy Soondejon codes: Moro inewwrie rorvawroiceeon t wkbm. 2-myMurre 3-ocehymous Medications 4"n Wowdness 6.wormm 7-4eaki 0aw Time Amt sdusoh Size Site Rote Attempts Cond. hival oatel Time Orvg Route Site Intl Response Time Notes Ti e' Notes -23J< M-190124,d - 4: # 1 14 -0= p SIGNATURES: ADMIT t DISCHARGE11RANSFER " Z,!dA L_}-j oiachargeti I ompanfed by: -? story Ow/c Dam ulance 6 to: a Qnursing hone OAMA UOR er: instructions given to: ent Dtamlly Uparent Uofher: Dha to Oconsent si ned -_ g add records 8 ^ Ocdothing sheet doriq Signets ? ?r DDi h UAdmi i6 1223h Ob R a ve sc r ss n oom# s DReport called to RN/LPN Cond ' tisfactory O ca DDeoeased to mor ue g Olmproved; -110 RN Slqnatu ' Holy Spirit Hospital Camp Hill, PA 17011 John R. Dietz ECU MIKLUSH , AI,EKSANDR A 21 M 194-80-1016 09/09/1983 Patient Observation I Assessment I Notes 2oe-Ecu9ro3111 PAY.LLw ED GROUP ER1 336618 01/10/05 24706665 CHART COPY EMERGENCY CENTER URGI CENTER DISCHARGE "RUCTIONS HOLY SPIRIT HOSPITAL (717) 763-2316 oak (717) 763-2424 - -? The examination and treatrnent you have received in the Emergency Center have been tendered on an emergency basis only, and are not intended to be a substitute for or an effort to provide complete medicld cue. If you develop new problems or complications concoct your physician or the Emergency Center. FOLLOW THE INSTRUCnONS CHECKED BELOW. Patient information: Patient Information Sheets Contain Important Inflolinnation to Review and Keep. ( ) Abdominal pain () Corneal abrasion () Headache () Pain Management () Threatened Miscarriage () Alcohol reaction () Croup/bronchitis () Heed Injury () Pediatric Head injury (! Toothache () Allergic reaction () Crutch walking () Hypertension () Pediatric URI () URI and Colds () Asthma () Diarrhea and Vrxnlting/Ped. Vomiting () Immunization/Tetanus () PID/STD ( ) LITI WO Pyeloneptuitis l) Back pain () Dislocation () Kidney Stones () Pneumonia () Wound Recheck () Bites-HumaNAnimaOnsect () Drug/Aloohol abuse/ack iclion -(} Lablynthifis () Rash (} 24 Hr. Pharmacies ( ) Bum ( ) Febrile Convulsion () Laceration () Seizure (1 Other () Chest Pain () Faver/Ped. Fever ( ) Neck Strain () Sore Throsf () ()High potassium containing foods ( ) () Conjunctivitis () Flu () Nosebleed Sprains and Strains O COPD O Fracture ( ) Otitis Media (} Suture Care t4 Removal WOUND CARE MEDICATIONS ( ) May gently wash over wound in 24 hours with soap and water or ( ) Continue present medications except: peroxide. ( ) Change dressing .times daily. Redress with Badlracin/Neosporin and sterile dressing or leave it open if advised. ( ) Keep wound dean, dry ( ) covered ( ) uncovered SP INS, STRAINS, BRUISES, RACTURES ?vate the injured part forda to reduce swelling. ( -rAppy toe parks Irnermnrenny fordays to reduce swelling. ! Ace wrap for for-days. (-7 Weer splint (-I At tines until follow-up. () For activity as needed. ( Use sling for )'(Jse c"ches: needed, weight bearing as tolerated. l (?) As ( ) At ail tinva. NO WEIGW BEARING NECKMACK ( ) Wear cervical collar for support for -days, ( ) Rest, avoid bending, lifting, strenuous activity for-days. ( ) Apply moist heat for minutes times daily beginning in hours. ADDITIONAL INSTRUCTIONS ( ) Encourage fluid Intake tted ( ) Clear liquid diet. Advance to regular, diet as tole ( ) Off work/school from to ( } Return to work on ( ) Light Duty unfit: Restrictions: - ( ) No gyns/sports until ( ) Follow instructions on Workmen's Compensation Form. ( ) Wear eye patch for hours, ( ) If nose bleed recurs, pinch nose firmly for 5 minutes continuously, return if bleeding not controlled. ( ) The prescribed antib lotic/ntedicadw, may reduce the effectiveness of medication you are currently taking. Check package Instructions or consult with Pharmacist. ( ) The interpretation of your X-Rays are preliminary reading, Your films will be reviewed by a radiologist You .tor your Physician will be contacted if there is a change in the diagnosis, T`lir3?L42 ', S r a 1AJ t r ( se Advil (Ibuprofen) or Tylenol as needed for pain, fever according to package instructions for age and weight, etc. ( ) Use the following medicines according to package instructions: 1: 2: 3: ( ) The fouowing metl Woes may cause drowshma: DO NOT DRIVE OR OPERATE MACHINERY WHILE TAKING: The prescribed on, may reduce the effectiveness of medication you are currently taking. Check package Instructions or consult with Pharmacist. FOLLOW-UP This Is our recommendstlin for follow-up. H your insurance (HMO) requires a physiclen referral for specialty consWtedom IT 1 YOUR RESPONSIBILITY TO OBTAIN THE NECESSARY APPROVAL, (-"Follow-up with: ( )'?Jrgi Center ( ) Occ. Health/Company Doctor I )'Family Doctor or lCG_ ?' j'd in days for. ( ) Follow-up ( )suture removal () Take the following test results to your physician: ( ) CBC ( ) CMP ( ) EKG ( ) X-RAY REPORT l) OTHERS IF YOU DO NOT HAVE A FAMILY PHYSICIAN CALL 763.2900 FOR PHYSICIAN REFERRAL. t ) Call as soon as possible for appointment ( ) Pick up your X-Rays from the Radiology Department prior to your follow-up appointrnenf. Call 763-2696 to have films ready. ( ) -your phys'idan or specialist it not improved in days. ( WRetum to Emergency Center if you feel your condition is worsening, especially lt t` iy 1 l ( ) Your blood pressure was elevated. Check with your physician. A copy all your dictated Emegency Room Report is available to your Physician from Medical R?cords (763.2660), jf not already stunt. Clinical fmprosNonap' I hereby acknowledge receipt ofructions and understand totem. I understand that 1 have had arg ncy treatment on and that I may be released before all of my m4cal problems are known or heated. I will arrange for follow-up care as I have been instructed. K is my responsiblllty to notIlly my Primary Cafe Physician of this visit. t sartra?'CtIRt3!'?.4 E '{ PATE SISLE PERSON VERBALIZES U 0E1 FPDWG / SNINATURE jiJJ_1'cL HOLY SPIRIT HOSPITAL JOHN R. DIETZ EMERGENCY CENTER SW NORTH 21ST STREET CAMP HII.L, PA 17011-2288 (717) 763-2316 - ( ) Thomas Aldous, MD 017075E ( ) ( ) John P. Judson, MD 038368E ( ) David Zimmerman, MD 005636E t) Susan Miller, UP SP0076248 NP VP003617B i ) Barbara Su6ng ( ) Salvatore Alfano, MD 025502E MD < ) Ramesh Atura,_MD 016727E O ( ) Philip Maguire, MD 015063E ( ) Peshpa Modsn, MD 051514L ( ) ( ) Renee Abelson, NP VP(M910B , Teresa-Williams, NP T'P006126B NP TPOO6718B i Nikki Wallace ( ) Jon Dublin, DO b06991L ( )Amy Fajardo, MD 4209d_- - .., ( ) Lawrence Paul, MD 039524L ( ) Howard Rudnick, MD, 040862L ( ) Pam Darden, NP SP006066B ( ) Natalie pillis, , l () Jane Wenger, NP SPOO5927B l ) Katarzyna Ferraro, MD 417936E ( ) Ranjana Sharma, MD 031265E ( ) Mic ( ) Maripat Garter, MD 046724E -) Cigtine Sheridan. DO 009537 Bev SP001 B I ) ( ) Marlys Hasson, MD 072553L ( ) Alan Teplis MD =18B ttt NP U r') povate the injured part fora.G.da to reduce sw Ang. ( }'Apply ice packs intermittently for days to reduce swelling. ( ) Are wrap for rt for_.-_,, days. Wear splint (-fAt all times until follow-up. () For adMty as needed. t I sting for su peqw (i Use crutches: t-) As needed, weight bearing as tolerated. ( ) At all times. NO WEIGHT BEARING NECKiBACK ( ! Wear cervical collar for support for -days. ( ) Rest, avoid bending, lifting, strenuous activity for_-.-,days. ( ) Apply moist heat for minutes rimes dally beginning in hours. AOLNTIONAL INSTRUCTIONS ( ) Encourage fluid intake C ?1 ( ) Clear liquid diet. Advance to regular diet as toleritad ?.. d C I Off worwachool from to ( ) Retum to work on ( ! Light Duty untli: Restrictions: ( ! No gym/spons until ( ) Follow instructions on Workmen's Compensation Form. ( ) Weer eye patch for hours. ( ) M nose bleed recurs, pinch nose firmly for 6 minutes continuously, return if bleeding not controlled. ( ) The prescribed antWioWmedk;atkm, may reduce the effectiveness of medication you are currently taking. Check package instructions or consult with Pharmacist. ( } The Interpretation of your X-Rays are praiiminary reading. Your fikns will be reviewed by a radiologlst. You or your Physician will be cootacted If two is a change in the diagnosis. -1 A,6 E ? R- Id 1 ?l?t t ? ? 3 ?xh ? ezAi- l- C4=E'?C1L f ' ? J t 6 A r PERSON VERBALIZES HOLY SPIRIT HOSPITAL JOHN R. DIETZ EMERGENCY CENTER -' 503 NORTH 21ST STREET CAMP HILL, PA 17011.2288 (717) 763-2316 ( ) Thomas Aldous, MD 017075E ( ) ( ) John P. Judson, MD 038368E ( ) David Zimmerman, MD 005636E t ) Susan Miller, NP'SP007624H t 1 Salvadpre Affano, MD 025502E MD ( ) Philip Maguire, MD 015063E ( ) t ) Barbara Skdrng, NP VP003617B ( ) Ramesh Arora, MD 016727E t) < ) Pusbpa Mudan, MD 051514L ( )Renee Abelson, NP VP00691013 t ) Temsa-OViltiams, NP TP006126B t ) Jon Dublin, DO booqqii_ t ) Lawrence Paul, MD 039524L ( ) Pam Darden, NP SP00606613 t ) JM lk d Wallace, NP TPM719B ( ) Amy Fajardo, MD 420942 < ) Howard Rudnick, MD 040862L ( ) Natalie Gift', N t i Jane Wenger, NP SP0059278 () Ketarryna Ferraro, MD 417936E • .,c > Ranjana Shama. MD 031265E ( ) Mi ( ) Maripat Gatter, MD 046724L C) C-ucltitine Sheridan , DO 00953 Bev SP00t ( ) t ) Malys Hasson, MD 072553L t) Alan 3•a,6,,,MD ?illE NP U B DATE R SIGNA o ._ , __%, xumucuons: 1: 2: 3: ( ) The following msdleines may cause drowsinaas: DO NOT DRIVE OR OPERATE MACHINERY WNLE TAKING: The prescribed andblodc n edlea0m, may reduce the effectiveness of medication you are currently taking. Check package instructions or consult with Pharmacist. FOLLOW-UP This Is our recommandstion for fooorwup, If your Insurance (HMO) requires a phyalefan relarral for specisky consultation. IT YOUR RESPONSIB TO OBTAIN THE NECESSARY APPROVAL. (ollow-up with: ( rgi Center ( ) Oce. HealtwCompany 09da ( Yamily Doctor or U4 : '1 .0 t r z e Qf? In days for. () Follow-up (} Suture removal { ) Take the following test results to your physician: ( ) CBC ( ) CMP ( ) EKG ( ) X-RAY REPORT {) OTHERS IF YOU DO NOT HAVE A FAMILY PHYSICIAN CALL 763.2900 FOR PHYSICIAN REFERRAL. i ) Call as soon as possible for appointment t ) Pick up youaX-Rays from the Radiology Depamnerit prior to your k Dow-up appointment. Call 763-26M to have films reedy. ( S_qWywf physician or specialist if not improved in days. ( 41146turn to Emergency Center if you feel your condition is worsenk-% especially N ( ) Your blood pressure was elevated. Check with your physician. A copy of your dictated Emegancy Room Report is available to your Physician from Medical rds (783-264%Jf not a)rea?ust?rht. Cllnicsi hnpraasl `?/?];4???td`(L ?(?`?'? ?.?.•? i hereby acahowladge re5my t of uctions and understand them, I urKkmdwvd that 1 have treatm ent g_rdy and that I may be released before a0 problems are known or treated. I will arrange for follow-up care as i have been instructed. It is my respansibiNty to np N my Primary Care Physician of this visit. { ? ....! ' t3Ki1vA =Mwp (I DEA# __1 W ORDER FOR A BRAND NAME PRODUCT TO BE DtSPWdiW, THE PRESCRIBER MUST HAND WRITE "BRAND NECES Y" OR "BRAND MEDICALLY NECESSARY" IN THE SPACE B LABEL ?' ?3fcts/? - REFILL TIMES ?s'c,roo) AFFIDAVIT OF RE,CORI) I Lolm the authori4ed Cust,.AiL r: (A Re?? )r(is i'oi 1, 01 orl to..-trztliF\ tltt" hospital an-d It VIA X, autl) r -o'CIS of f B(,Mnq duly sworn accoi-cling io la?? . 1 1-i1- ck )oose. and say that: These records A7cre reproci -i cc(: I l l ll% presence or at mV. dirt;ctu7n; these rct ter<??? were prepared in the ordinar-' cmurs(, --- business by authorized person t iel m- <i l )n :, the time of the event or act, ?:nd ?i c,_t (°ft search for the records has bee ii made I-)v ,i or under my directicm and prodl.tced i accordance with the attached mibjxwi-?t dt_c, - tecum. Therefore,, these records constittne the records of said indiviclttal describe ',i above. certify and declare that the above do scnbeci I'act5 '- and correct to the best of my personal kriowl,,clt,e. Comments: )date" Signed rn to and subscribed before me t:kZis daw ( I i?t o LeA, 20 Notary ubli i MX N. ecwr Nr)tarv PUall!. East Pennshoro or jmDedand C OLIntu ?Ay Commission expires: 1 _ '_?3 Member P,?n y+, r n oci? ti ar-=. The Spin't: 503 North 21st Street a Cary, ILII, II..; t (717,) ?63-2100 .. PATIENT FACESHEET Camp Hill, PA 17011 .--1.. SURGERY DATE SOCIAL-SECURITY ROOMIBED ADMIT DATF/TIME v HOS P SR DE I 194-80-1016 I 01/10/05 22:17 1 r M LI E ERI Fl N CLASS AGE I DATE OF BIRTH RAE SEX MS CHURCH / R, PREF AMBULANCE ADM REG MAME B 21 09/0 9/1983 1 M M CHRISTIAN DENTIFIED OR EZ O1/10BACEUS MIKLUSH ALEKSANDR A 2B RICHLAND LANE DELTA DENTAL CAMP HILL, PA 1 DELTA DRIVE 17011 MECHANICSBURG, PA 17055 717 - 200-1494 717 - 766-8500 GEO CODE PHOTO ID N OCCUPATION CUSTOMER SERVI MIKLUSH ALEKSANDR MIA 2B RICHLAND LANE DELTA DENTAL CAMP HILL, PA 1 DELTA DRIVE 17011 MECHANICSBURG, PA 17055 717 - 200-1494 717 - 766-8500 194-80-1016 RELATIONSHIP S MIKLUSH RACHEL 2B RICHLAND LANE CAMP HILL, PA 1701] RELATIONSHIP W RELATIONSHIP HOME PHONE 717 - 200-1494 E PHONE - vD. WORK PHONE 717 - 720-3368 + ?. ORK PHONE _ 1 CODE B23 INS CO ADULT BASIC ; .; PLAN CODE INS CO OUCY # YWH19480101600 POLICY # GROUP # 142499 GROUP # AUTHORIZATION # AUTHORIZATION # ADDRESS 2500 ELMERTON AVE. HARRISBURG PA 17177 ADDRESS PHONE* VERIFIED PHONE # VERIFIED SUB NAME MIKLUSH , ALEXSANDR MIA Y SUB. NAME: MI L T PT S PRIORITY 1 BEL TO PT PRIORITY PLAN CODE INS CO PLAN CODE INS CO POLICY # POLICY # GROUP # GROUP # J AUTHORIZATION # AUTHORIZATION # ADDRESS ADDRESS ./1(t?]U PHONE # VERIFIED E O VERIFIED SUB NAME MI SUB, NAME MI PRIORITY PRIORITY MW, ESCRIPTION ACC. DATE / TI ME / IND. PRIVACY NOTICE p` 01/10/05 21:00 A 011005 01 BRI BA C OMMENTS f GOOD HOPE PAM PRACTICE 0.a- OMITTING DX. ADMITTING DR. ATTENDING DR. REFERRING DR. 180018 ED GROUP OMITTING COMPLAINT BROUGHT 13Y- ULANCE SERVICE: 14 A SELF V I MPf w r I wV4 I S r '` ? IN?INIIN 536618 24706685 ERA. ER M901CAL RECORD MIKLUSH,ALEKSANDR A 21 M r'y /401 kw-% CONSENT TO (MEDICAL TREATMENT I HEREBY CONSENT AND AUTHORIZE Holy Spirit Hospital, its agents, and employees, to the rendering of medical care, which may include routine diagnostic procedures and such medical treatment as,my attending or consulting physician considers to be necessary. I also understand it is customary, absent emergency or extraordinary circumstances, that no substantial procedures will be performed upon me unless or until 1 have had an opportunity to discuss them with a physician or other health care professional to my satisfaction. If I am a competent adult, I have the right to consent or refuse to consent. I understand that the practice of medicine and surgery is not an exact science and that diagnosis and treatment may involve risks of injury or even death and acknowledge that no guarantee has been made to me as to the results of any examination or treatment in this Hospital. I understand many of the physicians on the staff of Holy Spirit Hospital are not employees or agents of the Hospital, but rather are independent contractors who have been granted the privilege of using these facilities for the care and treatment of their patients. Further, I realize this Hospital is a teaching Hospital and at the Hospital are health care personnel in training who, unless expressly requested otherwise, may participate or may be present during my care as part of their education. Still or motion pictures and closed circuit monitoring of patient care may also be used for educational purposes, unless I expressly request otherwise. I understand that in order to ensure a safe environment for patients, visitors and staff all property on the premi of Holy Spirit Hospital is subject to reasonable search and/or seizure at any time without further notice. ?tls RELEASE OF MEDICAL INFORMATION I authorize Holy Spirit Hospital to release to requesting health Insurance carrier(s), their representatives and auditors, and any referring health care providers, such diagnostic and therapeutic information ( including and Information relating to treatment for akQhQI and substance abuse and/or treatmepj_of p=hiatrlo iMrders. and/or confdeptial HIV related information, as may be necessary for them to determine benefit entitlement; to process payment claims for health care services provided during this hospitalization/treatment episode, for continuing care/treatment, and hospital operations. A photocopy or carbon copy of this authorization shall be considered as effective and valid as the original. The undersigned also authorizes Medicare, when applicable, to release to another insurance carrier, upon their request, medical information needed to make payment upon that claim. I understand and consent that the manufacturer of any implantable device inserted by my physician during the course of my surgery/procedure may be provided with my Identification information, including social security number, as mandated ktWIfederal Law. ACKNOWLEDGEMENT OF RECIEPT OF NOTICE OF PRIVACY PRACTICES Initial I have received a copy of the Notice of Privacy Practices. The Notice describes how my health information may be used or disclosed. I understand that I should read it carefully. I am aware that the Notice may be changed at any time. I may obtain a vised copy of the Notice by contacting this Organization's offices or on this Organization's website at www.hsh.org. Initials INSURANCE ASSIGNMENT OF BENEFITS I authorize payment directly to Holy Spirit Hospital and my treating physicians of all benefits payable under insurance policies. I understand I am responsible to the Hospital and physicians for all charges not covered by this assignment.- Initials -hm STATEMENT TO PERMIT PAYMENT OF MEDICARE BENEFITS TO PROVIDERS, PHYSICIANS AND PATIENT I request payment of Authorized Medicare benefits to me or on my behalf for any services furnished me by or in Holy Spirit Hospital including physician services. I authorize any holder of medical and other information about me, to release to Medicare and its agencies any information needed to determine these benefits for related services. Initials MEDICAL ASSISTANCE RECIPIENT My signature certifies that 1 received a service or items from Holy Spirit Hospital and Dr. on the date listed below. I understand that payment for this service or item will be from Federal and State funds, and that any false claims, statements, or documents, or concealment of material may be prosecuted under applicable Federal State Laws. I understand that certain tests and procedures may not be reimbursed by Federal and State funds and that 1 may be responsible for non covered charges. Also, I agree that if at the time of service, if I am not eligible for Medical Assistance, I will be responsible for balances owed to Holy Spirit Hospital. Initials I have rid and understand each of the sections contained above. I understand that by signing this document, 1 am agreeing and providing the authorixatkm1consent contained in each of the above sections where my initials are located. 1 have had the opportunity to ask questions regarding each of these sections and all such questions have swered to my satisfaction. Sere Witness X Relationship to Patlerd Time ''A Date AL FOR TREATMENT/RELEASE OF INFORMA INSURANCE ASSIGNMENT MR#: 536618 PT#: 24706665 NAME: MIKLUSH,ALEKSANDR A MED REC 105 (03103) AFFIDAVIT OF I?I1C<)RD CUSTUI)IA_N 1 ati,, the auth o ed CuSti?di?m of Recor A1")' )r H AY Spirit Hospitat and V`h vJ ;thgr? ti Lo -vertif Ow <atached get r e B(nno _' duly sworn accorclin; to IaNxx, I -wr(4)Y certify, depose and say that: These records were reproduced III 11'1y presence or at my direction; these records were prepared in the ordiriary course cf business by authorized personnel on or about the time of the event or act., au-id a careful search for the records has been made, by me or under my direction and produced in accordance with the attached subpoena di-ices tecum. Therefore, these records consritute all the records of said individual described above. 1 certifv and declare that the above described facts are true alld correct to the best of my personal knowledge. Comments: Sig W tle r ` Date _r/ "I A r -/ w Sworn to and subscribed before me this day of COMMONWEALTH OF PENNSYLVANIA NotariW&W Nota PubbVc?. May B. Zeplin, Notary Pubfo East Pennsbm Twp., Cumberland County r My Commission Expires Feb. 10, 2006 ,my Commission expires: Member, Pennsylvania Association Of Notaries The Spir,f t ??r f C arirg 503 North 21st StreCr 12arn1, Hi 11, R6, 17011-223t? (717)'763-2100 C . ? _ ?'' ?R --1 =C `? ?- ' ?-? r-r? Tt ?? , _ _ ' J""? „?.' C ' ?T _. ; (._ ? i ' + ,? ? "? i Thomas E. Brenner, Esquire Carly J. Wismer, Esquire GOLDBERG KATZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 1268 Attorneys for Plaintiffs RACHEL MIKLUSH AND ALEKSANDR MIKLUSH, Plaintiffs vs. SHOWCASE AUTO SALES AND EUSTACE PEARCE, Defendants JN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO 05-4397 PLAINTIFFS' RACHEL MIKLUSH AND ALEKSANDR MIKLUSH RESPONSE IN OPPOSITION TO DEFENDANTS' PARTIAL MOTION FOR SUMMARY JUDGMENT AND NOW, come the Plaintiffs, Rachel Miklush and Aleksandr Miklush (hereinafter Plaintiffs), by and through their attorneys, Goldberg Katzman, P.C., who file the herein Response to Defendants' Showcase Auto Sales and Eustace Pearce Partial Motion for Summary Judgment: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The averments in this paragraph state conclusions of law to which no response is required. 5. Denied. The averments in this paragraph state conclusions of law to which no response is required. 6. Denied. The averments in this paragraph state conclusions of law to which no response is required. 7. Denied. The averments in this paragraph state conclusions of law to which no response is required. 8. Admitted. 9 Denied. The averments in this paragraph state conclusions of law to which no response is required. WHEREFORE, Plaintiffs respectfully requests this Honorable Court dismiss Defendants' Partial Motion for Summary Judgment. KATZMAN, P.C. By: Carly J. isiber, Esquire Attorney #92598 Thomas E. Brenner, Esquire Attorney 1D #32085 PO Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff Date: September 11, 2007 CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Jack Emas, Esquire Jack Emas & Associates 1500 Walnut Street, Suite 1500 Philadelphia, PA 19102 GOLDBERG KATZMAN P.C. By: Carly kism-er, Esquire Attorney ID 492598 Thomas E. Brenner, Esquire Attorney ID 432085 PO Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff Date: September 11, 2007 U ?a ? ??? ? ? ?? ? ? i? Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 1243 8 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 Attorney for Defendant, Showcase Autosales and Eustace Pearce RACHEL MIKLUSH AND COURT OF COMMON PLEAS OF ALEXANDER MIKLUSH CUMBERLAND COUNTY v. NO. 05-4397 SHOWCASE AUTOSALES AND EUSTACE PEARCE WITHDRAWAL OF APPEARANCE Y TO THE PROTHONOTARY: Kindly withdrawal my appearance on behalf of Defendants, Showcase Autosales and Eustace Pearce in the above-entitled action. TO THE PROTHONOTARY: JACK EMAS AND ASSOCIATES JACK ENJfS, ESQUIRE Kindly enter my appearance on behalf of Defendants, Showcase Autosales and Eustace Pearce in the above-entitled action. S679? 1 b 17 JFk -Q5-10 BOG,, ??? ?? ! ? L fl 3 i O . . Thomas E. Brenner, Esquire GOLDBERG KATZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 1268 Attorneys for Plaintiffs RACHEL MIKLUSH and ALEKSANDR :IN THE COURT OF COMMON PLEAS MIKLUSH, :CUMBERLAND CO., PENNSYLVANIA Plaintiffs :NO 05-4397 VS. SHOWCASE AUTO SALES and EUSTACE PEARCE, Defendants PRAECIPE Please mark this action as settled, discontinued and ended. GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff Date: March 31, 2008 CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: David R. Alperstien, Esquire Alperstein & Associates 1617 John F. Kennedy Boulevard, Suite 510 Philadelphia, PA 19103 GOLDBERG KATZMAN P.C. /'_' d'?? nner, Esquire Date: March 31, 2008 ?' ? ?v _ ?? ?:.?, ? a ?. -? _ ? i i??? _,? ? r! .? ?? i .. fi,? ,J ? . 1`!`k , ' • a'7 ?'.