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Home My WebLink About01-5258KIT WINTER MOSS, Plaintiff JANIE RENEE ANDERSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. (_>l -- ~ : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166or 1-800-9108 NOTICIA Le han 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 por abogado y archivar en la corte enforma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus pro- piedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-9108 2 KIT WINTER MOSS, Plaintiff JANIE RENEE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Kit Winter Moss, by and through her attorneys, TUCKER ARENSBERG & SWARTZ, and brings this Complaint against Defendant. Janie Renee Anderson, and avers as follows. 1. Plaintiff; Kit Winter Moss, is an adult individual who resides at 201 Valley Street. P.O. Box 475, Summerdale, Cumberland County, Pennsylvania 17093. 2. Defendant, Janie Renee Anderson, is an adult individual who resides at 106 Summer Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Kenneth E. Anderson, Jr., is an adult individual who resides at 40 E. Cardott Street, Ridgway, Elk Cotmty, Pennsylvania 15853. 4 This Court has jurisdiction over this matter on the grounds that the facts and circumstances surrounding the automobile accident in question and ~vhich give rise to this action occurred on February 14, 2000, at the intersection of Summer Lane and College Hill Road. East Pennsboro Township, Cumberland County, Pennsylvania. FACTS 5 At approximately 2:55 p.m. on February 14, 2000, Plaintiff was operating a 1988 Plymouth Reliant, which she owned, and was traveling east on College Hill Road, which is a two (2) lane roadway separated by double yellow lines with one lane traveling east and the other traveling west. 6 On the aforesaid date and time, Defendant, Janie Anderson was operating a 1995 Hyundai Accent, which was owed by Kenneth Anderson, Jr. and was traveling north on Summer Lane, which is a two (2) lane roadway, with one lane traveling north and the other traveling south. 7. On the aforesaid date and time, Defendant pulled forward from the stop sign on Summer Lane and into the path of Plaintiff who was traveling with the oncoming traffic on College Hilt Road and caused a severe collision to occur with Plaintiff's vehicle. 8. After the impact, Plaintiff's vehicle came to rest in an easterly direction on the double yellow lines of College Hill Road and Defendant's vehicle came to rest in a southerly direction after going over the curb and striking a sign for the Summerdale Apartments. 9 As a result of the aforesaid accident, Plaintiff sustained serious, permanent injuries and disfigurement as set forth below. I 0. At the time of the aforesaid accident, Plaintiff was the named insured on an auto policy through Allstate Insurance Company, Policy No. 69872240 and said policy provided for full tort coverage. 2 hereof. 11. DAMAGES Paragraphs 1 through 10 are incorporated herein by reference and made a part 12. As a direct and proximate result of the aforesaid accident, Plaintiff suffered severe and permanent injuries that include, but are not limited to, the following: (a) Closed fracture of the third metacarpal; (b) Closed tYacture of the fburth metacarpal; and (c) Joint stiffness; and (d) Various other contusions and abrasions. 13. As a result of the aforesaid accident and related injuries, Plaintiff has suffered and will in the future continue to suffer severe physical pain, mental anguish and suffering, humiliation, inconvenience, scarring, disfigurement, embarrassment and loss of life's pleasures. 14. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be limited in her normal and daily activities. 15. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiffhas and will continue to suffer great physical nervous, mental and emotional distress. 16. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiffhas and will continue to suffer impairment to her great health, strength and vitality. 17. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be required to spend money for medical care beyond that xvhich she might otherwise recover. 18. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer loss of income and earning capacity beyond that which she may be otherwise entitled to recover. 19. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer other financial losses beyond that which she may otherwise be entitled to recover. COUNT I - NEGLIGENCE Kit Winter Moss v. Janie Renee Anderson 20. thereof: 21. Paragraphs 1 through 19 are incorporated herein by reference and made a part The aforesaid accident was caused by the negligence, carelessness, recklessness, and outrageous conduct of Defendant. 22. At the time and place aforesaid, the motor vehicle operated by Defendant traveled through an intersection and struck Plaintiff's vehicle. 23. At the time and place aforesaid, Defendant, Janie Anderson, failed to exercise ordinary care for the safety of the Plaintiff, and was negligent, careless, and/or reckless in the following manner: (a) Defendant failed to properly and safely operate her vehicle under the conditions that existed at the time; (b). Defendant was operating her vehicle in an unsafe manner while approaching and/or proceeding through the stop sign under the conditions that existed at the time; (c) Defendant failed to maintain a proper lookout before proceeding into Plaintiffs lane of travel; (d) Defendant failed to obey the stop sign while operating her vehicle; (e). Defendant failed to yield to oncoming traffic while operating her vehicle; (f) Defendant failed to operate her vehicle in the proper lanes of travel on the roadway; (g) Defendant failed to have her vehicle under control at all times; and (h) Defendant failed to take any evasive actions so as not to strike Plaintiffs vehicle. 24. The aforesaid accident was caused solely by the negligence, carelessness and recklessness of Defendant, and was not due to any act or failure to act on the part of Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of the limits for mandatory arbitration, together with interest and costs of this proceeding and such other relief as this Honorable Court deems proper under the circumstances. Respectfully submitted, TUCKER ARENSBERG & SWARTZ 42165.1 By: Susan M. Seighn~ah' Attorney I.D. #70323 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Attorney lbr Plaintiff 5 VERIFICATION I, the undersigned, Kit Winter Moss, do hereby certify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: Kit Winter Moss, PlaintiCf '~ TUCKER ARENSBERG & SWARTZ 111 NO~RTH FRQNT STREET EC. ~CX ~89 HARRISBURG, PENNSYLVANIA 17108-0889 (717) 2344121 KIT WINTER MOSS, Plaintiff V. JANIE RENEE ANDERSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5258 : : CIVIL ACTION - LAW .' . : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: KindlyreinstatetheComplaintintheabove-captionedaction. Very truly yours, TUCKER ARENSBERG & SWARTZ Susan M. Seighma~ SHERIFF'S RETURN - CASE NO: 2001-05258 P COMMONWEALTH OF PENNSYLVANIA: coUNTY OF cUMBERLAND REGULAR Amended MOSS KIT WINTER VS ANDERSON jANIE RENEE RICHARD SMITH , sheriff or Deputy sheriff of who being duly sworn according to law, was served upon the Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE ANDERSON JANIE RENEE Aoo! DEFENDANT , at 1655:00 HOURS, on the 25th day of September, at DEFENDANT'S ADDRESS: 313 Q SHADY LANE ENOLA, PA 17025 LOLLY BENTCH, BABYSITTER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing ~e~ attention to the contentS thereof. Amended Sheriff's CostS: Docketing 18.00 9.75 Service .00 Affidavit 10.00 Surcharge .00 37.75 sworn and Subscribed to before me this ~ ~ day of ~__~/ A.D. ~ ~rSthonot~Y So Answers: R. Thomas Kline 11/o8/ OOl TUCKER ARENSBE~ ~ By: ~f Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant KIT WINTER MOSS, Plaintiff V. JANIE RENEE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5258 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED APPEARANCE AND NOW, this /~,,,,U~y of November, 2001, enter the appearance of C. ROY WEIDNER, JR., I.D. 19530 on behalf of Defendant Janie Renee Anderson in the above captioned suit. :151904 5774-362 JOHNSON, DUFFLE, STEWART & WEIDNER ,~,-C~Roy Weidner, Jr. ¢£RTIFICA T~ OF SERVICE AND NOW, this /,,~l~ay of November, 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Susan M. Seighman, Esquire Tucker, Amnsberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 JOHNSON, DUFFLE, STEWART & WEIDNER ,Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant KIT WINTER MOSS, Plaintiff JANIE RENEE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5258 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, this ~day' of January, 2002, comes Defendant, through her undersigned attorneys, and answers your complaint as follows: 1. Admitted. denied. Admitted in Part. Denied in Part. The Defendant's identity is admitted. Her address is 3. - 9. Admitted. 10. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. DAMAGES 11. Admitted in Part. Denied in Part. Paragraphs 1 - 10 hereof are incorporated by reference herein, 12.-19. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. herein. COUNT I - NEGLIGENCE Kit Winter Moss v. Janie Renee Anderson 20. Admitted in Part. Denied in Part. Paragraphs 1 - 19 hereof are incorporated by reference 21. - 24. Denied. WHEREFORE, Defendant demands that Plaintiff's complaint against her be dismissed. NEW MA TTER - MVFRL 25. Defendant is entitled to the restrictions on Plaintiff's ability to recover damages provided in the Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant demands that Plaintiff's complaint against her be dismissed. :152328 5774-362 JOHNSON, DUFFLE, STEWART & WEIDNER ~By: VERIFICATION The undersigned says that the facts set forth in the foregoing answer are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn fa~sificafions to authorities. enee Anderson CERTIFICATE OF SERVICE AND NOW, this day of January, 2002, the undersigned does hereby certify that she did this date serve a copy of the foregoing answer upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Susan M. Seighman, Esquire Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 JOHNSON, DUFFLE, STEWART & WEIDNER :152328 5774-362 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MOSS Vs. ANDERSON NO. 015258 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) pursuant 1. 2 o o for documents and things to Rule 4009.22 C ROY WEIDNER, ESQUIRE certifies that: A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, No objection to the subpoena(s) has been received, and The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 12/22/02 File #: M282350 C ROY WEIDNER, ESQUIRE 301 MARKET ST P O BOX 109 LEMOYNE, PA 17043-0109 717-761-4540 ATTOP~NEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO~ MEDICAL LEGAL REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 INC. By: Jac~ueline Ciarrocchi IN THE COURT OF COMMON PLEAS OF CUlVIBERLAND COUNTY MOSS VS. ANDERSON NO. 015258 TO: SUSAN SEIGHMAN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDAIqT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from 'the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 12/27/01 C ROY WEIDNER, ESQUIRE 301 MARKET ST P 0 BOX 109 LEMOYNE, PA 17043-0109 ATTORNEY FOR DEFENDANT INQUIRIES BEOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jac~/ueline Ciarrocchi Enc(s): Copy of subpoena(s~ Counsel return cara File ~: M282350 MOSS Vs. AIqDERSON CObl~DNk~%LTH OF p_i~--/LVANIA .: File No. 015258 TO: SUBPOENA TO pR(O. ICE DCOJHENTS OR THII',[~. FO~ DISCOVERY PURSUANT TO RULE 4009.22 ALLSTATE INS CO, 6345 FLANK DR STE 1000, HARRISBURG PA 17112 (Name of Perso~ or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doctrnents or things: SEE ATTACHED ADDENDUM at -- MEDICAL LEGAL REPRODUCTIONS(A~s~940 DISSTON ST., PHILA., PA you may deliver or mail legible cooies of the doc~x~ents or produce things requested this subpoena, together with the certificate of ccm~liance, to the party making thi~ request at the address liated 'above. You have the right to seek in advance the ree~onabl~ cost of preparing the co~ies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twant% (20) days after its service, the party serving 'this subpoena may seek a court orde,' ccmpelling you to ccmoly with it. T~IS SUBPOENA WA$ ISSUED AT THE RE(~STOETh~ FOLLOWINGPERSON: TELEPHONE: SUPRE~ CX:XJRT ID # ATTORNEY FOR: ~ ROY WEIDNER. ESQ LEMOYNE, PA 1/043-0109 215-335-3212 19~30 M282350-01 DATE: ' S~eal of the Court DEFENDA/NT BY THE CO JRT: Prothonotary~fCler , civil oivisi~ Oe0uty (Elf. 7/97) ADDENDUM TO SUBPOENA MOSS Vs. ~ANDERSON No. 015258 CUSTODIAN OF RECORDS FOR: ~.LLSTAq'E INS CO ALL POLICY INFORMATION WITH REGARD TO THE 2/14/00 ACCIDENT, INVOLVING DEC PAGE, 1ST PARY BENEFIT FILE AND PROPER~~Y DAMAGE FILE, INCLUDING ESTIMATES AND DUPLICATE ORIGINAL PHOTOS OF THE VEHICLES. INSD: KIT MOSS; DOL: 2/14/00; CLAIM ~155371195001 PERTAINING TO: NAME: KIT W MOSS ADDRESS: 201 VALLEY ST BOX 475 DATE OF BIRTH: 03/08/58 SS/X_N: 180546035 SUMMERDALE PA CERTWIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEAR_~NCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] [ ] RECORDS AREATTACHEDHERETO:I hereby certify as custodian of records that, to the best ?f my knowledge, in~o?mati~n and .... ~ belief all documents or th~ngs above mentione~ nave peen pro~uu~u. NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized sig-nature for ALLSTATE INS CO *** SIGN AND RETURN THIS PAGE ** * M282350-01 IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MOSS Vs. ANDERSON NO. 015258 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 C ROY WEIDNER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3.No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 03/15/02 C ROY WEIDNER, ESQUIRE 301 5~%RKET ST P O BOX 109 LEMOYNE, PA 17043-0109 717-761-4540 ATTOP~NEY FOR DEFENDANT INQUIRIES SEOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 INC. By: J&cqueline Ciarrocchi File #: M284171 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MOSS Vs. ANDERSON No. 015258 TO: SUSAN SEIGHMAN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of the undersigned an objection to the' subpoena. made the subpoena may be served. record and serve upon If no objection is Date: 02/22/02 C ROY WEIDNER, ESQUIRE 301 MARKET ST P O BOX 109 LEMOYNE, PA 17043-0109 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 INC. By: Jacqueline Ciarrocchi Enc (s) File Copy of subpoena(s) CoUnsel return card M284171 MOSS Vs. ANDERSON File No. 015258 ~_I~_POENA TO P --IK~---~F DOOJMENTS OR THIN~S FOR DISOOVERY PURSUANT TO_RULE 4009.22 TO: NATHANS CALVE, 201 N ENO!~ RD, ENOLJ% PA 17025-2414 (Nm~e of Pe~so~ o* Entity) within twemty (20) days afte~ service of this subpoena., you a~e o~de~ed by the court to p~ocluce the following doc~ne~t.~ oc things: ,_qEE ATTACHED at MEDICAL LEGAL REPRODUCTIONS(A~e~s~940 DISSTON ST., PHILA., PA you may delive¢ o~ mail legible co~ies of the docunents o¢ produce things requested b% this subpoena, togethe¢ with the certificate of cu,~liance, to the party making this request at the address listed above. You have the right to seek in advance the rea~.onab)( cost of preparing the copies or producing the things sought. If you fail to produce the documents o¢ things required by this subpoena within twenty (20) days afte¢ its se~v';ce, the party serving 'thin stbpoena may seek a court ocde,' ~w,~ellin9 you to c~ly with it. T~IS SUBPOENA WAS ISSUED AT THE RB~UEST OF THE FOLLOWING PERSON: TELEPHONE: suPR COURT (D # ATIO~NEY FO~: C w~¥ WR~TDNER. ESQ 301 .... LEMOYNE, PA 17043-0109 215-335-3212 M284171~01 DATE: /02 · ~eal of the Oou~t DEFENDANT BY T1-E COURT: Prothonotarg/Ofl erk, Civi 1 Division Deputy (Eff. 7/97) .ADDENDUM TO SUBPOENA MOSS Vs. ANDERSON No. 015258 CUSTODIAN OF RECORDS FOR: NATHANS CAFE ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ~ AND ALL MEDICAL RECORDS AND REPORTS ANDpRE-EMPLOYMENT PHYSICALS, WORKMEN~S~COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AIqD ANY OTHER INFORMATION PERTAINING TO: NAME: ADDRESS: DATE OF BIRTH: sSAN: KIT W MOSS 201 VALLEY ST BOX 475 SUMMERDALE PA 03/08/58 180546035 CERTIFIED PHOTOCOP~S WILL BE ACCEPTED ~ L~U OF YO~ PE~ON~ ~PEARAN~. RECO~ CUSTODIAN COMPLETE AND RETURN [ ] ] RECORDSAREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M284171-01 Authorized signature for NATHANS CAFE *** SIGN AND RETURN THIS PAGE *** 3ohnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys. for Defendant KIT WINTER MOSS, Plaintiff JANIE RENEE ANDERSON. Defendant IN ']['HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5258 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued, including all counterclaims, crossclaims and joinders of additional parties. TUCKER, ARENSBERG & SWARTZ JOHNSON, DUFFLE, STEWART & WEIDNER :233533 5774-362 DISCONTINUANCE CERTIFICATE AND NOW, _~,~ ~ ,~; .~.~)OL;/ suit has been marked as above directed. I PROTHONOTARY CERTIFICATE OF SERf/ICE AND NOW, this 27th day of September, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing pmecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dennis R, Sheaffer, Esquire Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 :233533 5774-362 JOHNSON, DUFFLE, STEWART & WEIDNER Michelie H. S~'ngler / ~