HomeMy WebLinkAbout02-1571BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Mo
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
Plaimiff,
Defendants. :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION NO. 0.2 -
JURY TRIAL DEMANDED
NOTICE
TO:
TO:
Brian Deimler and
Bonnie Deimler
319 Turnpike Road
Newburg, Cumberland County, Pennsylvania.
Fred Willis
32 Walnut Bottom Road
Theo's Inn
Shippensburg, Cumberland County, Pennsylvania.
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 Complaim and
Notice are served, by entering a written appearance personally or by attomey and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are wamed 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
249-3166
1-800-990-9108
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Mo
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
Plaintiff,
Defendants. :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION NO.
JURY TRIAL DEMANDED
NOTICIA
TO:
TO:
Brian Deimler and
Bonnie Deimler
319 Turnpike Road
Newburg, Cumberland County, Pennsylvania.
Fred Willis
32 Walnut Bottom Road
Theo's Inn
Shippensburg, Cumberland County, Pennsylvania.
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que
se presentan mas adelante en las siquientes paginas, debe romar accion dentro de los proximos veinte (20)
dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un
abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las
demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar action como se
describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada
en la demanda o cualquier otra reclamation or remedio solicitado por el demandante puede ser dictado en
contra suya por la Corte sin mas aviso adicional. Usted puede perder dinem o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO 1NMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA
SIGUIENTE OFIC1NA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
249-3166
1 ~800-990-9108
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
Plaintiff,
Defendants. :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION NO.
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff Berrie Deitch, f/k/a Berrie Hoover, is an adult individual residing at 66
Big Spring Terrace, Newville, Cumberland County, Pennsylvania.
2. Defendants Brian and Bonnie Deimler are adult individuals, and husband and
wife, who reside at 319 Turnpike Road, Newburg, Cumberland County, Pennsylvania.
3. Defendant Fred Willis is an adult individual residing at 32 Walnut Bottom Road,
Theo's Inn, Shippensburg, Cumberland County, Pennsylvania.
4. On July 1,2001 Plaintiff was a tenant at a mobile home at 317 Turnpike Road in
Newburg, Cumberland County, Pennsylvania, which mobile home she was leasing from
Defendants Brian and Bonnie Deimler.
5. Defendant Fred Willis was the owner of the mobile home located at 317 Turnpike
Road in Newburg, Cumberland County, Pennsylvania, and was leasing the mobile home to
Defendants Brian and Bonnie Deimler on July 1, 2001.
6. Defendants Brian and Bonnie Deimler subleased the mobile home to Plaintiff.
7. All defendants were in possession and control of the mobile home at the time of
the accident, and all defendants did maintain, or had a duty to maintain, the mobile home.
8. Defendants Bonnie and Brian Deimler also undertook the responsibility and duty
to repair and maintain the mobile home pursuant to a written lease with Defendant Willis, which
is attached hereto as Exhibit A.
9. Prior to the time of the accident to Plaintiff on July 1, 2001, which is the subject
of this Complaint, Defendant Brian Deimler was notified by Plaintiff about the loose and
defective condition of the front door of the mobile home and the jalousie windows of the mobile
home.
10. The jalousie windows beside the front door of the mobile home were in a state of
disrepair prior to July 1, 2001, and on July 1, 2001, in that they could not be closed, and were
stuck in an open position.
11. The jalousie windows beside the front door were also unsafe, defective and in a
state of disrepair in that the metal frames of the windows which were meant to hold the panels of
the jalousie windows in place were bent and distorted so that the panes of the glass could not be
held securely in place.
12. The front door of the mobile home was also defective and unsafe and in a state of
disrepair in that it could not be shut and latched properly without forcefully closing the door.
13. All defendants knew or should have known of the defective, unsafe and loose
condition of the jalousie windows and door, as described in the foregoing paragraphs.
14. All defendants had a duty to keep the mobile home in good and safe repair and
condition.
15. On July 1,2001, as Plaintiff was exiting the mobile home, she shut the front door,
and when she did so, the panes of the jalousie window to the side of the front door became loose
and detached from the metal frames and fell out of the frames.
16. As one of the panes fell from the window, Plaintiff was standing nearby, and as
she reached to prevent the pane from falling and breaking, the loose pane struck her hands and
am,s and broke, causing Plaintiff to lose her balance.
17. As Plaintiff lost her balance, she fell onto a piece of the broken glass, which
severed her left ami, causing serious injuries to her left arm.
18. The injuries sustained by Plaintiff include, but may not be limited to, severed
nerves, blood vessels, muscles and ligaments in her left ann, with resulting weakness, numbness
and pain, with pronator neuropathy and with possible reflex sympathetic dystrophy, all of which
may be permanent in nature.
19. As a result of the aforesaid accident and injuries, Plaintiff has incurred various
medical expenses for physicians, hospitals, medical supplies, medications, therapy and other
medical treatment, and she will in the future continue to incur such medical expenses.
20. As a result of the aforesaid accident and injuries, Plaintiff sustained a loss of
income and will in the future continue to suffer a loss of income and a permanent impairment of
her furore earning capacity.
21. As a result of the aforesaid accident and injuries, Plaintiff has undergone
emotional and mental distress and anguish, embarrassment and humiliation, and will in the future
continue to undergo such mental distress and anguish, embarrassment and humiliation.
22. As a result of the aforesaid accident and injuries, Plaintiff has undergone much
pain, suffering, inconvenience, loss of the enjoyment of life, and the loss of life's pleasures, and
she will in the future continue to suffer such losses.
23. As a result of the aforesaid accident and injuries, Plaintiff has sustained, and may
in the future sustain, permanent scarring and disfigurement.
24. The aforesaid accident and injuries suffered by the Plaintiff were the direct and
proximate result of the joint and several negligence, carelessness and recklessness of ail of the
Defendants, as follows:
(a) They failed to properly maintain and repair the front door and jalousie
windows of the mobile home;
(b) They caused or allowed the metal frames of the windows on the mobile
home to become bent and distorted so that they could not hold the panes of glass securely in
place;
(c) They failed to warn the Plaintiff of the unsafe condition of the windows;
(d) They failed to properly inspect the mobile home, including the windows
and the front door, to make certain that they were in a safe and nondefective condition;
(e) They failed to repair the windows of the mobile home so that they could
be properly shut; and
(f) They failed to provide a safe and habitable place of residence for their
tenant.
25. Defendant Brian Deimler had been notified by Plaintiff prior to the time of the
accident of the loose, dangerous and defective condition of the front door and the windows, but
he failed to repair and correct the conditions, which showed a reckless indifference to the safety
and welfare of Plaintiff, therefore making him liable for punitive damages.
26. All Defendants are jointly and severally liable to the Plaintiff for all the damages
sustained by her, as set forth in the preceding paragraphs.
WHEREFORE, Plaintiff demands judgment against Defendants Brian Deimler, Bonnie
Deimler and Fred Willis, individually, jointly and severally, in an amount in excess of that sum
requiring submission to compulsory arbitration, plus costs and punitive damages.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
I.D. No. 19199
P. O. Box 5300
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
rPLANK
PHON~E NO. : 717 532 8788
Jul~ 18 '2881 89:50AM P2
APRIL 23, 1999
AeREEMENT BETWEEN FRED WILLIS, OWNER, AND BRIAN AND BONNIE DEIMLER,
PROPOSED TENANTS OF FARM AND BI-LEVEL HOME (INCL TWO RENTAL MOBILE
HOMES) LOCATED AT 317 - 319 TURNPIKE ROAD, NEWBURG, PENNA.
PERIOD OF'LEASE TO BE FIVE YEARS, MAY 1 1999 TO APRIL 30, 2004.
ALL ABOVE MENTIONED PROPERTY TO BE INCLUDED FOR SUM OF:$ 1,300
(THIRTEEN HUNDRED'DOLLARS)PER MONT~ FOR ENTIRE .~IVE YE~AR PERIOD.
UNDER THIS AGREEMENT, M/M DEIMLER ASSUMES'ALL RESpoNSIBILiTIES
FOR REPAIR, MAINTENANCE, AND RENTING OF TWO MOBILE HOMES. MR:
WILLIS HAS NO FURTHER RESPONSIBILITY WITH~'EITHER oF THESE TWO
MOBILES, AND WHETHER THEY ARE RENTED OR NOT, CONTINUES TO RE-
$1300 PER MONTH,. THIS AGREEMENT REPLACES PRIOR ONE,
~ATED MAY 21, 1998, WHEREBY MR. WILLIS RECEIVED MOBILE RENTS
ONLY~IF THEY WERE RENTED.
DURINg THE PERIOD OF LEASE OF THE FARM, HOME, AND MOBILES, IF
OWNER FRED WILLIS SHOULD DECIDE TO SELL HIS PROPERTY, THE TENANTS
M/M DEIMLER, WILL HAVE THE FIRST OPTION TO BUY IT,
IF ANY SALE IS TO TAKE PLACE AS PARAGRAPH ABOVE, B-H AGENCY,
REALTORS, BETTER HOMES AND GARDENS, IS TO BROKER THE SALE,
ACCORDING TO THE TERMS OF THE CONTRACT PERViOUSLY IN EFFECT.
M/M OEIMLER RESERVE THE RIGHT TO WITHDRAW THE $5000 (FIVE THOUSAND)
OEPOSIT, PLUS AOCRUED INTEREST, FROM ESCROW ACCOUNTS OF B-H AGENCY
UPON NOTIFICATION OF THEIR INTENT TO DO 50 TO THE AGENCY.
VERIFICATION
I, Berrie Deitch, f/k/a Berrie Hoover, do hereby verify that the facts set forth in the
foregoing Complaint are true and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904, relating to unswom falsification to authorities.
Berrie Deitch (f/~a Berrie Hoover)
POST & SCHELL, P.C.
BY: JOHN R. CANAVAN
I.D. #: 84728
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717) 731-1970
BERRIE DEITCH, ffk/a BERRIE HOOVER
Plaintiff,
BRIAN DEIMLER, BONNIE DEIMLER, and
FRED WILLIS
Defendants.
ATTORNEYS FOR DEFENDANT
FRED WILLIS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 02-1571
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendant, Fred Willis, in the above-captioned
matter.
BY:
PO~ IT & SCHELL, P.C.
JO[ gq R. CANAVAN, ESQUIRE
Attorney for Defendant
Fred Willis
CERTIFICATE OF SERVICE
I, Becky Rusbatch, an employee of the law firm of Post & Schell, P.C., do hereby certify
that on the date set forth below, I did serve a true and correct copy of the foregoing document
upon the following persons at the following addresses indicated below by sending same in the
United States mail, first-class, postage prepaid:
Edward E. Knauss, IV, Esq.
Metzger, Wickersham, Knauss & Erb, P.C.
P. O. Box 5300
Harrisburg, PA 17110-0300
Karen Coates, Esq.
Thomas, Thomas & Hafer, LLP
P. O. Box 999
Harrisburg, PA 17108-0999
l~ecky Rusl~atch,/Legal Secretary
Date: 4/5/02
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants Brian Deimler and Bonnie Deimler
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
JURY TRIAL DEMANDED
TO:
NOTICE TO PLEAD
Plaintiff Berrie Deitch, f/k/a Berrie Hoover
c/o Edward E. Knauss, IV, Esquire, her attorney
You are hereby notified that you are required to respond to the enclosed Answer
with New Matter within twenty (20) days of service or a judgment may be entered against
yOU.
Attor. p~y I.D. # 52654
~North Front Street P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Date: May 3, 2002 Attorneys for Defendants Brian Deimler and
Bonnie Deimler
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants Brian Deimler and Bonnie Deimler
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
JURY TRIALDEMANDED
ANSWER OF DEFENDANTS BRIAN DEIMLER AND
BONNIE DEIMLER TO PLAINTIFF'S COMPLAINT
1. Denied. After reasonable investigation, answering Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments and proof is
demanded.
2.
3.
4.
Admitted.
Admitted.
Admitted in part and denied in part. It is admitted that on July 1, 2001, Plaintiff
was occupying the mobile home located at 317 Turnpike Road in Newburg, Cumberland
County, Pennsylvania, and that in conjunction with occupying the mobile home, Plaintiff had
agreed to pay rent. It is, however, specifically denied that Plaintiff ever paid any rent to
Defendants Brian Deimler and Bonnie Deimler and proof is demanded.
5. Admitted.
6. Admitted in part and denied in part. It is admitted that Plaintiff was occupying a
mobile home at 317 Turnpike Road in Newburg, Cumberland County, Pennsylvania, on July 1,
2001 and that Plaintiff had agreed to pay rent. It is, however, specifically denied that Plaintiff
ever paid any rent to the Deimlers for use of the premises.
7. Denied. It is specifically denied that answering Defendants were in possession
and control of the mobile home at the time of the accident. To the contrary, the mobile home
was in the possession and control of Plaintiff Berrie Hoover, who had occupied the premises for
several months prior to July 1, 2001. With respect to the allegation that Defendants did
maintain, or had a duty to maintain the mobile home, the allegation constitutes a legal
conclusion to which no response is required. By way of further answer, the averment is
specifically denied and proof is demanded.
8. Denied. The lease between Defendants Brian Deimler and Bonnie Deimler and
Defendant Fred Willis is a written document, the terms of which speak for itself. Plaintiff's
characterization of the responsibilities and duties contained in the written lease is specifically
denied.
9. Denied. The averment that there was a "loose and defective" condition of the
front door of the mobile home and the jalousie windows of the mobile home constitutes a legal
conclusion to which no response is required. By way of further answer, it is specifically denied
that Plaintiff notified Defendant Brian Deimler, prior to July 1, 2001, about the alleged loose and
defective condition of the front door of the mobile home and the jalousie windows of the mobile
home, and proof is demanded.
10. Denied. It is specifically denied that the jalousie windows beside the front door of
the mobile home were in a state of disrepair prior to July 1, 2001 and on July 1, 2001, in that
they could not be closed and were stuck in an open position, and proof is demanded.
11. Denied. The averments of Paragraph 11 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that the jalousie
windows beside the front door were also "unsafe, defective and in a state of disrepair" in that the
metal frames of the windows which were meant to hold the panels of the jalousie windows in
place were bent and distorted so that the panes of glass could not be held securely in place and
proof is demanded.
12. Denied. The averments of Paragraph 12 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that the front door of the
mobile home was "defective and unsafe and in a state of disrepair" in that it could not be shut
and latched properly without forcibly closing the door and proof is demanded.
13. Denied. The averments of Paragraph 13 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that there was any
defective, unsafe and loose condition of the jalousie windows and front door prior to or on July
1, 2001, and proof is demanded. Accordingly, it is specifically denied that Defendants knew or
should have known of the allegedly defective, unsafe and loose condition of the jalousie
windows and door, and proof is demanded.
14. Denied. The averments of Paragraph 14 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that all Defendants had
a duty to keep the mobile home in good and safe repair and condition, and proof is demanded.
15. Denied. The averments of Paragraph 15 are specifically denied since after
reasonable investigation, answering Defendants are without knowledge or information sufficient
to form a belief as to the truth of the averments and proof is demanded.
3
16. Denied. The averments of Paragraph 16 are specifically denied since after
reasonable investigation, answering Defendants are without knowledge or information sufficient
to form a belief as to the truth of the averments and proof is demanded.
17. Denied. The averments of Paragraph 17 are specifically denied since after
reasonable investigation, answering Defendants are without knowledge or information sufficient
to form a belief as to the truth of the averments and proof is demanded.
18. Denied. The averments of Paragraph 18 are specifically denied since after
reasonable investigation, answering Defendants are without knowledge or information sufficient
to form a belief as to the truth of the averments and proof is demanded.
19. Denied. The averments of Paragraph 19 constitute legal conclusions to which no
response is required. By way of further answer, the averments are specifically denied since
after reasonable investigation, answering Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is demanded.
20. Denied. The averments of Paragraph 20 constitute legal conclusions to which no
response is required. By way of further answer, the averments are specifically denied since
after reasonable investigation, answering Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is demanded.
21. Denied. The averments of Paragraph 21 constitute legal conclusions to which no
response is required. By way of further answer, the averments are specifically denied since
after reasonable investigation, answering Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is demanded.
22. Denied. The averments of Paragraph 22 constitute legal conclusions to which no
response is required. By way of further answer, the averments are specifically denied since
4
after reasonable investigation, answering Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is demanded.
23. Denied. The averments of Paragraph 23 constitute legal conclusions to which no
response is required. By way of further answer, the averments are specifically denied since
after reasonable investigation, answering Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is demanded.
24. Denied. The averments of Paragraph 24, including subparagraphs (a) through (f)
constitute legal conclusions to which no response is required. By way of further answer, it is
specifically denied that answering Defendants were negligent, careless and/or reckless in any
manner whatsoever. Furthermore, it is specifically denied that any conduct on the part of
answering Defendants was the direct and proximate result of "joint and several negligence" of
all Defendants, and proof is demanded. Furthermore, it is specifically denied that answering
Defendants were negligent, careless and/or reckless in:
(a) Failing to properly maintain and repair the front
door and jalousie windows of the mobile home, and proof is
demanded;
(b) Causing or allowing the metal frames of the
windows on the mobile home to become bent and distorted so that
they could not hold the panes of glass securely in place, and proof
is demanded;
(c) Failing to warn the Plaintiff of the unsafe condition
of the windows, and proof is demanded;
(d) Failing to properly inspect the mobile home,
including the windows and the front door, to make certain that they
were in a safe and nondefective condition, and proof is
demanded;
(e) Failing to repair the windows of the mobile home so
that they could be properly shut, and proof is demanded; and
(f) Failing to provide a safe and habitable place of
residence for their tenant, and proof is demanded.
25. Denied. The averments of Paragraph 25 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Plaintiff notified
Defendant Brian Deimler, prior to the date of the alleged incident, of the alleged loose,
dangerous and defective condition of the front door and windows and proof is demanded.
Furthermore, it is specifically denied that Defendant Deimler had a duty to repair and correct the
alleged condition prior to July 1, 2001. Finally, it is specifically denied that any conduct on the
part of Defendant Brian Deimler showed a "reckless indifference to the safety and welfare of
Plaintiff, therefore making him liable for punitive damages," and proof is demanded.
26. Denied. The averments of Paragraph 26 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that answering
Defendants are liable to Plaintiff for any damages allegedly sustained as a result of the incident
occurring on July 1,2001, and proof is demanded.
WHEREFORE, Defendants Brian Deimler and Bonnie Deimler request that Plaintiff's
Complaint be dismissed and judgment be entered in their favor.
NEW MATTER
27. At all times herein mentioned, answering Defendants were landlords "out of
possession" and therefore, not responsible for injuries allegedly sustained by the Plaintiff.
28. At all times herein mentioned, Plaintiff was in sole possession of the premises
and therefore, answering Defendants have no duty to correct/warn Plaintiff of any conditions
existing thereon.
29. At all times herein mentioned, the premises at 317 Turnpike Road in Newburg,
Cumberland County, Pennsylvania, were not in a dangerous or defective condition.
6
30. Any allegedly dangerous or defective conditions were open, obvious and known
to Plaintiff, who had been residing on the premises for several months prior the alleged incident.
31. At no time did answering Defendants conceal any existing condition on the
premises; to the contrary, any and all conditions were discoverable by the tenant, who had
occupied the premises for approximately two months prior to the alleged incident.
32. At no time before or after occupying the premises, did Plaintiff notify answering
Defendants of any defective, unsafe and/or state of disrepair regarding the front door of the
mobile home and/or the jalousie windows.
33. Prior to July 1, 2001 and on July 1, 2001, Plaintiff had exclusive possession of
the premises and answering Defendants did not reserve control over any portion of the
premises, including the front door and/or the jalousie windows.
Plaintiff has failed to state a cause of action upon which relief can be granted.
Answering Defendants were not negligent, careless or reckless in any manner
34.
35.
whatsoever.
36.
Plaintiff has failed to state a claim for punitive damages and such damages are
not recoverable based upon the circumstances of this claim.
37. Any acts or omissions on the part of answering Defendants were not substantial
causes or factors of the subject incident and/or did not result in losses alleged by the Plaintiff.
38. The incident and/or damages described in Plaintiff's Complaint were caused or
contributed to by the Plaintiff.
39. Plaintiff has failed to mitigate her damages.
40. The negligent acts or omissions of other individuals and/or entities constitute
intervening, superseding causes of the damages and/or injuries alleged to have been sustained
by the Plaintiff.
7
41. Plaintiff's cause of action is barred by contributory negligence.
42. Plaintiff's claims are limited or otherwise barred by application of Pennsylvania's
Comparative Negligence Act, 42 Pa. C.S. {}7104.
43. Plaintiff assumed the risk.
44. Plaintiff was not a "tenant" while occupying Defendants' premises, as Plaintiff
never paid any rent.
45.
Date: May 3, 2002
:163751.1
Both prior to and on July 1, 2001, Plaintiff was a trespasser.
Respectfully submitted,
. Co~t~s
ey I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
.S & HAFER, LLP
Attorneys for Defendants Brian and Bonnie Deimler
8
VERIFICATION
I, Brian Deimler, Defendant in this action, do hereby verify that the statements made
in the foregoing Answer of Defendants Brian Deimler and Bonnie Deimler to Plaintiff's Complaint
with New Matter are true and correct to the best of my knowledge, information and belief. I
understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904
relating to unsworn falsification to authorities.
Date: y-- ,~'O--' ,2002
Brian Deimler
VERIFICATION
I, Bonnie Deimler, Defendant in this action, do hereby verify that the statements
made in the foregoing Answer of Defendants Brian Deimler and Bonnie Deimler to Plaintiff's
Complaint with New Matter are true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A.
4904 relating to unsworn falsification to authorities.
Date: ~ ~ ,2002
Bonnie Deimler
10
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Edward E. Knauss, IV, Esquire
Metzger, Wickersham
3211 North Front Street
P. O. Box 5300
Harrisburg, PA 17108-0300
Jack Canavan, Esquire
Post & Schell
240 Grandview Avenue
Camp Hill, PA 17011
Date: May 3, 2002
Karen S. Coates, Esquire
11
Karen S. Coates, Esquire
Thomas, ThomaS & Hafer, LLP
Attorney I.D. fi 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants Brian Deimler and Bonnie Deimler
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW - .
No.
JURY TRIAL DEMANDED
REPLY OF DEFENDANTS BRIAN DEIMLER and BONNIE DEIMLER
~F DEFENDANT FRED WILLIS
47. Defendants Brian Deimler and Bonnie Deimler incorporate herein by reference
their Answer to Plaintiff's Complaint with New Matter, contained in Paragraphs 1-45.
48. Denied. The averments of Paragraph 48 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that Plaintiff sustained
injuries and/or damages as a result of any conduct on the part of answering Defendants.
Moreover, it is specifically denied that answering Defendants were negligent, careless and/or
reckless in any manner whatsoever and proof is demanded. Furthermore, it is specifically
denied that answering Defendants breached any contract and/or engaged in any conduct which
would produce liability to either Plaintiff Berrie Deitch, f/k/a Berrie Hoover and/or co-Defendant
Fred Willis, and proof is demanded.
49. The averments of Paragraph 49 constitute legal concl[isions to which no
response is required. By way of further answer, it is specifically denied that Defendants Brian
Deimler and Bonnie Deimler are liable to Plaintiff or are jointly and/or severally liable with
Defendant Fred Willis or are liable over to Defendant Fred Willis for any monies required to be
paid by Mr. Willis, and proof is demanded.
50. Denied. The averments of Paragraph 50 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that any conduct on the
part of the Deimler Defendants resulted in the injuries and/or damages allegedly sustained by
the Plaintiff. Furthermore, it is specifically denied that the Deimler Defendants are liable to
Defendant Willis for common law indemnity, contractual indemnity and/or contribution on the
cause of action alleged by Plaintiff and proof is demanded.
51. Admitted in part and denied in part. To the extent the averment references a
lease, which is a written document, the document speaks for itself. It is, however, admitted that
the Deimler Defendants entered into a written lease with Defendant Willis. With respect to the
remaining averments, the averments are specifically denied and proof is demanded.
52. Admitted in part and denied. It is admitted that the Deimler Defendants entered
into a written lease with Defendant Fred Willis. The remaining portions of the averment are
specifically denied, as the allegations reference a lease which is a written document, which
speaks for itself.
53. Denied. The averments of Paragraph 53 constitute legal conclusions to which no
response is required. By way of further answer, it is specifically denied that any conduct on the
part of the Deimler Defendants resulted in the injuries and/or damages allegedly sustained by
Plaintiff, and proof is demanded. Furthermore, it is specifically denied that Defendant Fred
Willis is entitled to contribution and/or indemnification from Brian Deimler and/or Bonnie Deimler
to the extent that Plaintiff's damages were caused by the actions and/or omissions of these
Defendants and proof is demanded.
WHEREFORE, Answering Defendant Brian Deimler and Bonnie Deimler respectfully
request that this Honorable Court dismiss the claims for contribution and/or indemnity filed by
Defendant Fred Willis.
Date: May 3, 2002
Respectfully submitted,
.T.i,H.~, LLP
~oat~-~squire
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants Brian Deimler and
Bonnie Deimler
C._ERTIFICATE OF SERVICE.
I do hereby certify that on this day I served a true and correct copy of the
foregoing document by first class mail, postage pre-paid, addressed to the following:
Edward E. Knauss, IV, Esquire
Metzger, Wickersham
3211 North Front Street
P. O. Box 5300
Harrisburg, PA 17108-0300
Jack Canavan, Esquire
Post & Schell
240 Grandview Avenue
Camp Hill, PA 17011
LP
Date: May 3, 2002
:167184.1
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants Brian Deimler and Bonnie Deimler
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIALDEMANDED
Defendants intend to serve subpoenas identical to the ones that are 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 will be served.
Respectfully submitted,
HAFER, LLP
Karen S.'b'N~tes, Esquire
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorney for Defendants
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants Brian Deimler and Bonnie Deimler
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this.~'h day of~002, I, BARBARA ONORATO, a paralegal in
the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct
copy of the foregoing Interrogatories Directed to Plaintiff by placing a copy of the same in
the United States Mail, first class, postage prepaid, to the following:
Edward E. Knauss, IV, Esquire
Metzger, Wickersham
3211 North Front Street
P. O. Box 5300
Harrisburg, PA 17108-0300
Legal Assistant
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
Mo
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Carlisle Regional Medical Center, 246 Parker Street, Carlisle, PA 17013
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnostic
studies, notes, correspondence, MRI films, CAT scans, and/or x-ray filma regarding Berrie J.
Hoover, SSN: 160-48-8836, d/o/b: 10/18/62.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.2~
TO: Dr. Ted Kosenske
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnostic
studies, notes, correspondence, MRI films, CAT scans, and/or x-ray filmn regarding Berrie J.
Hoover, SSN: 160-48-8836, d/o/b: 10/18/62.
at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
plaintiff
Vo
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. John G. Calaitges
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnostic.
studies, notes, correspondence, MRI films, CAT scans, and/or x-ray film.~ regarding Berrie J.
Hoover, SSN: 160-48-8836, d/o/b: 10/18/62.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Rochaey Hough
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnostic
studies, notes, correspondence, MRI films, CAT scans, and/or x-ray films regarding Berrie J.
Hoover, SSN: 160-48-8836, d/o/b: 10/18/62.
at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Shippensburg Health Services, 46 Walnut Bottom Road, Shippensburg PA 17257
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnostic
studies, notes, correspondence, MRI films, CAT scans, and/or x-rag films regarding Berrie J.
Hoover, SSN: 160-48-8836, d/o/b: 10/18/62.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Joseph Campbell, Vascular Associates, PC 850 Walnut Bottom Rd, Suite Al, Carlisle
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnostic
studies, notes, correspondence, MRI films, CAT scans, and/or x-ray films regarding Berrie J.
Hoover, SSN: 160-48-8836, d/o/b: 10/18/62.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Baxter Wellman, 127 Walnut Bottom Road, Shippensburg, PA 17257
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnostic
studies, notes, correspondence, MRI films, CAT scans, and/or x-ray films regarding Berrie J.
Hoover, SSN: 160-48-8836, d/o/b: 10/18/62.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Craig Jurgenson, 850 Walnut Bottom Road, Carlisle, PA 17013
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnostic
studies, notes, correspondence, MRI films, CAT scans, and/or x-ray films regarding Berrie J.
Hoover, SSN: 160-48-8836, d/o/b: 10/18/62.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Ronald Schlansky
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnostic
studies, notes, correspondence, MRI films, CAT scans, and/or x-ray films regarding Berrie J.
Hoover, SSN: 160-48-8836, d/o/b: 10/18/62.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fall to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS, JURY TRIAL DEMANDED
Defendants :
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Lakeview Home Health Services Inc.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all employment records, including pre-employment physical,
attendance records, disability slips, wage records, infmnary sign in sheets, writings,
correspondence, etc. regarding Berrie J. Hoover, SSN: 160-48-8836, d/o/b: 10/18/62.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTIONNO. Oa-/~"7l
Defendants. :
JURY TRIAL DEMANDED
STIPULATION TO AMEND COMPLAINT
IT IS HEREBY STIPULATED by the parties that Paragraph 26 of the Complaint and the
Paragraph immediately following Paragraph 26 demanding relief are amended as follows:
26. All defendants are jointly and severally liable to the Plaintiff for all the
compensatory damages sustained by her, as set forth in the preceding paragraphs. Defendant
Brian Deimler is further liable, individually, to the plaintiff for punitive damages.
WHEREFORE, Plaintiff demands judgment against Defendant Brian Deimler, Bonnie
Deimler and Fred Willis, individually, jointly and severally, for compensatory damages in an
amount in excess of that sum requiring submission to compulsory arbitration, plus costs.
Further, Plaintiff demands judgment against Defendant Brian Deimler for punitive damages in an
amount in excess of that sum requiring submission to compulsory arbitration.
Date:
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
Edward E. Knauss, IV
I.D. No. 19199
P. O. Box 5300
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
POST & SC
John ~. C~avan, Esquire
240 0}randview Avenue
Camp Hill, PA 17011
(717) 731-1970
Attorneys for Defendant Fred Willis
k-ICemen S. Coates, t~sqmre
305 North Front Street
Sixth Floor
Harrisburg, PA 17108
(717) 237-7100
Attorneys for Defendants Brian and Bonnie Deimler
CERTIFICATE OF SERVICE
I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C.,
attorneys for Plaintiff, hereby certify that I served the foregoing Stipulation to Amend Complaint
this ¢ day of May, 2002, by depositing the same in the United States mail, postage prepaid, in
Harrisburg, Pennsylvania, addressed to:
John R. Canavan, Esquire
Post & Schell
240 Grandview Avenue
Camp Hill, PA 17011
Karen S. Coates, Esquire
Thomas, Thomas & Haler, LLP
305 North From Street- 6th Floor
Harrisburg, PA 17108
POST & SCHELL, P.C.
BY: JOHN R. CANAVAN
I.D. #: 84728
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717) 731-1970
BERRIE DEITCH, f/k/a BERRIE HOOVER
Plaimiff,
BRIAN DEIMLER, BONNIE DEIMLER, and
FRED WILLIS
Defendants.
ATTORNEYS FOR DEFENDANT
FRED WILLIS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 02-1571
NOTICE TO PLEAD
To Plaintiff and Co-Defendant:
You are hereby noticed to plead to the enclosed New Matter and Cross-Claims of
Defendant Fred Willis within twenty (20) days of service hereof or a default maybe entered
against you.
Date:
OZ-
JOHN CANAYAN, ESQ.
Attom ~ for Defendant
Fred Willis
POST & SCHELL, P.C.
BY: JOHN R. CANAVAN
I.D. #: 84728
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717) 731-1970
BERRIE DEITCH, f/k/a BERRIE HOOVER
Plaintiffs,
V.
BRIAN DEIMLER, BONNIE DEIMLER, and
FRED WILLIS
Defendants.
ATTORNEYS FOR DEFENDANT
FRED WILLIS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 02-1571
ANSWER, NEW MATTER AND CROSS-CLAIMS OF
DEFENDANT FRED WILLIS TO PLAINTIFF'S COMPLAINT
Defendant Fred Wills ("Defendant"), by and through his undersigned counsel, Post &
Schcll, P. C., hereby files this Answer, New Matter and Cross-Claims to Plaintiffs' Complaint as
follows:
1. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
2. Denied. The corresponding averments are directed to a party other than
Defendant and, accordingly, no such response is required.
3. Admitted.
4. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. To the extent any further response is required, the averments are denied
pursuant to Rule I029(e) of the Pennsylvania Rules of Civil Procedure.
5. Admitted.
6. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
7. Denied. It is specifically denied that Defendant Willis was in possession and/or
control of the mobile home at issue at the time of the alleged accident. It is further denied that
Defendant Willis had any duty to maintain the mobile home at issue. Any remaining allegations
are denied as conclusions of law.
8. Denied. The corresponding allegation references a written lease which is a
document in writing which speaks for itself. Any remaining allegations are denied pursuant to
Rule 1029(e) of the Pennsylvania Rules of Civil Procedure.
9. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after
reasonable investigation, Defendant is without knowledge or information sufficient to form a
belief as to the truth of the allegations and, accordingly, all such allegations are denied. Any
remaining allegations are denied as conclusions of law.
10. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after
reasonable investigation, Defendant is without knowledge or information sufficient to form a
belief as to the troth of the allegations and, accordingly, all such allegations are denied. Any
remaining allegations are denied as conclusions of law.
11. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after
reasonable investigation, Defendant is without knowledge or information sufficient to form a
belief as to the truth of the allegations and, accordingly, all such allegations are denied. Any
remaining allegations are denied as conclusions of law.
12. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after
reasonable investigation, Defendant is without knowledge or information sufficient to form a
belief as to the truth of the allegations and, accordingly, all such allegations are denied. Any
remaining allegations are denied as conclusions of law.
13. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, the
allegations are denied as conclusions of law.
14. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, the
allegations are denied as conclusions of law.
15. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after
reasonable investigation, Defendant is without knowledge or information sufficient to form a
belief as to the truth of the allegations and, accordingly, all such allegations are denied.
16. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after
reasonable investigation, Defendant is without knowledge or information sufficient to form a
belief as to the truth of the allegations and, accordingly, all such allegations are denied.
-3-
17. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after
reasonable investigation, Defendant is without knowledge or information sufficient to form a
belief as to the truth of the allegations and, accordingly, all such allegations are denied.
18. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after
reasonable investigation, Defendant is without knowledge or infom,ation sufficient to form a
belief as to the truth of the allegations and, accordingly, all such allegations are denied.
19. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after
reasonable investigation, Defendant is without knowledge or information sufficient to form a
belief as to the troth of the allegations and, accordingly, all such allegations are denied.
20. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, the
allegations are denied as conclusions of law.
21. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, the
allegations are denied as conclusions of law.
22. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, the
allegations are denied as conclusions of law.
23. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after
-4-
reasonable investigation, Defendant is without knowledge or information sufficient to fomi a
belief as to the truth of the allegations and, accordingly, all such allegations are denied.
24. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, the
allegations are denied as conclusions of law.
25. Denied. The corresponding allegation is directed to a party other than Defendant
and, accordingly, no response is required. To the extent any response is required, the allegation
is denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure.
26. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the
Pennsylvania Rules of Civil Procedure. To the extent any further response is required, the
allegations are denied as conclusions of law.
WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment
in his favor and against Plaintiff.
NEW MATTER
27. Plaintiffmay have failed to attach copies of any and all contracts as required by
the Pennsylvania Rules of Civil Procedure.
28. Defendant is not liable for any of Plaintiff's alleged injuries and/or damages
because responsibility for all repair and maintenance on the mobile home at issue was assumed
by the Co-Defendant, Deimlers.
29. Plaintiff may have failed to state a claim upon which relief can be granted.
30. Plaintiff's claims may be barred by the statute of limitations.
31. Plaintiff's claims may be barred in whole or in part by her contributory and/or
comparative negligence or that of her agents.
-5-
32. Plaintiff's claims may be barred because Plaintiff assumed the risk of the
occurrence of the incident and the injuries and/or damages claimed.
33. The alleged injuries and/or damages of Plaintiffwere the result of the actions
and/or omissions of Plaintiff and/or persons other than Defendant.
Plaintiff's claims may be barred in whole or in part by the doctrine of spoliation
34.
of evidence.
35.
estoppel.
36.
Plaintiff's claims may be barred by the doctrine of res judicata or collateral
Plaintiff's injuries, if any, were caused by the intervening wrong doing of others
over whom Defendant had no control and for which Defendant was not responsible.
37. Plaintiff may have failed to join all persons or parties necessary for a just
adjudication of the controversy.
38. The perils or dangers of which Plaintiffcomplains, to the extent any existed, the
same being denied, were open and obviously known to Plaintiff, who nevertheless conducted
herself in such manner as to expose herself to said perils and dangers.
39. Defendant asserts all of the defenses, limitations and provisions of any and all
agreements entered into by Defendant and any other party to this action, or any other party in
actions arising from the events alleged by Plaintiff, and avers that the remedies of Plaintiff as
against Defendant are limited exclusively thereto and, therefore, the present action is barred
and/or limited.
40. Defendant may not have had actual and/or constructive possession of the area of
the property in which Plaintiff allege the accident occurred and, therefore, Defendant had no duty
to correct or warn Plaintiff of the conditions Plaintiff alleges existed on the property.
-6-
41. Plaintiff has failed to mitigate her damages.
42. Plaintiff's claims may be barred or limited by the affirmative defense of consent.
43. Plaintiff' s failed to provide Defendant with adequate and proper notice.
44. The conditions described in Plaintiff's Complaint which allegedly caused her
injuries, may have been caused by Plaintiff.
45. The damages alleged to have been sustained by Plaintiffwere not proximately
caused by Defendant.
46. The damages claimed are not recoverable under the applicable law.
WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment
in his favor and against Plaintiff.
CROSS-CLAIM PURSUANT TO Pa. R.C.P. 2252(d)
47. Defendant incorporates by reference its averments contained in paragraphs 1
through 46 as if set forth at length herein.
48. If the injuries and/or damages were suffered by Plaintiff as alleged, the same were
not caused by Defendant, but a cause thereof was the acts, omissions, negligence, carelessness,
recklessness, breach of contract and/or liability producing conduct of Brian and Bonnie Deimler.
49. Brian and Bonnie Deimler are liable to Plaintiff or are jointly and/or severally
liable with Defendant or are liable over to Defendant for any monies required to be paid by
Defendant.
50. If the injuries and/or damages were suffered by Plaintiff as alleged, then Brian
and Bonnie Deimler are liable to Defendant for common law indemnity, contractual indemnity
and/or contribution on the cause of action declared upon by Plaintiff.
-7-
51. Defendant entered into an agreement with Brian and Bonnie Deimler on May 7,
1999 which required the Deimlers to assmne all responsibilities for repair and maintenance on
the mobile home at issue, which was effective at the time of Plaintiff's alleged accident. A true
and correct copy of the agreement between Fred Willis and the Deimlers is attached to Plaintiff's
Complaint.
52.
follows:
Pursuant to the fourth paragraph of the agreement, the Deimlers agreed as
"UNDER THIS AGREEMENT, M/M DEIMLER ASSUMES ALL
RESPONSIBILITIES FOR REPAIR, MAINTENANCE, AND
RENTING OF TWO MOBILE HOMES. MR. WILLIS HAS NO
FURTHER RESPONSIBILITY WITH EITHER OF THESE TWO
MOBILES, AND WHETHER THEY ARE RENTED OR NOT,
CONTINUES TO RECEIVE IS $1,300 PER MONTH. THIS
AGREEMENT REPLACES PRIOR ONE, DATED MAY 21, 1998,
WHEREBY MR. WILLIS RECEIVED MOBILE RENTS ONLY IF
THEY WERE RENTED."
53. Defendant is entitled to contribution and/or indemnification from Brian and
Bonnie Deimler to the extent that Plaintiff's damages were caused by the actions and/or
omissions of Brian and Bonnie Deimler.
WHEREFORE, Defendant Fred Willis respectfully requests that this Honorable Court
enter judgment against Brian and Bonnie Deimler for contribution ancO/Indemnity.
POST~S~E~,//P.C.
JOH~ R. CANAVAN, ESQ.
Attorney for Defendant
Fred Willis
Date: qlT~-] 0"7._
-8-
VERIFICATION
I, Fred Willis, do hereby swear and affirm that the facts and matters set forth in the within
Answer, New Matter and Cross-Claims of Defendant Fred Willis to Plaintiffs' Complaint are
true and correct to the best of my knowledge, information, and belief. The undersigned
understands that the statements made therein are made subject to the penalties of 18 Pa. C.S.
§4904 relating to unsworn falsification to authorities.
Date:
Fred Willis
CERTIFICATE OF SERVICE
I, Melanie Conrad, an employee of the law fim~ of Post & Schell, P.C., do hereby certify
that on the date set forth below, I did serve a tree and correct copy of the foregoing document
upon the following persons at the following addresses indicated below by sending same in the
United States mail, first-class, postage prepaid:
Edward E. Knauss, IV, Esq.
Metzger, Wickersham, Knauss & Erb, P.C.
P. O. Box 5300
Harrisburg, PA 17110-0300
Karen Coates, Esq.
Thomas, Thomas & Hafer, LLP
P. O. Box 999
Harrisburg, PA 17108-0999
Melanie Conrad, Legal Secretary
6660-80ILI Vd 'ggmqs.u-mH
666 xo~ 'O
' O
dTI '~OJ~H :Y s~moq~L sum q/L
'bs~t 'so~oD
00£0-0I ILl Vd '~auqs.ureH
00£5 xolt '0 'd
'D'd 'qa~l ~g ssn~u)I 'ureqs~a>Io!Ak '~o~zloIAI
· bs~ 'AI 'ssn~u'2I '~t pa~p~
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
Plaintiff,
Defendants.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION NO. 02-1571 CIVIL TERM
:
:
:
JURY TRIAL DEMANDED
REPLY OF PLAINTIFF TO NEW MATTER
OF DEFENDANTS BRIAN DEIMI,ER AND BONNIE DEIMLER
27.
28.
averments are also denied.
29. Denied. In further
incorporated herein by reference.
30. Denied.
31. Denied.
32.
Denied.
Denied that Plaintiff was in sole possession of the premises. All the remaining
answer thereto, the allegations of the Complaint are
Denied. In further answer thereto, the
incorporated herein by reference and made a part hereof.
allegations of the Complaint are
33. Denied. It is denied that Plaintiff had exclusive possession of the premises. It is
denied that Defendants did not reserve control over any portion of the premises. In further
answer thereto, the allegations of the Complaint are incorporated herein by reference and made a
part hereof.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
Denied.
Denied.
Denied.
Denied.
Denied.
Denied.
Denied.
Denied.
Denied.
Denied.
Denied.
Whether or not Plaintiff paid any rent, she was still a tenant at the time
of the accident.
45. Denied.
WHEREFORE, Plaintiff demands that the New Matter be dismissed and that judgment
be entered in her favor with costs.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By: -~
Edward E. Knauss, IV
I.D. No. 19199
P. O. Box 5300
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Date:
VERIFICATION
I, Berrie Deitch f/k/a Berrie Hoover, do hereby verify that the facts set forth in the
foregoing Reply to New Matter of Defendants Brian Deimler and Bormie Deimler are tree and
correct to the best of my personal knowledge or information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom
falsification to authorities.
Date:
Berrie Deitch
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Vo
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff, :
: CIVIL ACTION NO. 02-1571 CIVIL TERM
: JURY TRIAL DEMANDED
:
Defendants. :
REPLY OF PLAINTIFF TO NEW MATTER
OF DEFENDANT FRED WILLIS
Date:
27. -46. The allegations of these Paragraphs are all denied.
WHEREFORE, Plaintiff demands judgment in her favor with costs.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
Edward E. Knauss, IV
I.D. No. 19199
P. O. Box 5300
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
VERIFICATION
I, Berrie Deitch f/k/a Berrie Hoover, do hereby verify that the facts set forth in the
foregoing Reply to New Matter of Defendant Fred Willis are tree and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities.
Date:
Berrie Deitch
CERTIFICATE OF SERVICE
I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C.,
attorneys for Plaintiff, hereby certify that I served the foregoing Reply to New Matter of
d
Defendant Fred Willis this~ day of May, 2002, by depositing the same in the United States
mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to:
John R. Canavan, Esquire
Post & Schell
240 Grandview Avenue
Camp Hill, PA 17011
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street- 6th Floor
Harrisburg, PA 17108
Edward E. Knauss, IV
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
Plaintiff,
Defendants.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
CIVIL ACTION NO. 02-1571
JURY TRIAL DEMANDED
MOTION TO AMEND COMPLAINT
1. Plaintiff wishes to amend her Complaint to add a separate count to the Complaint
to set forth a claim of Breach of Implied Warranty of Habitability. The proposed Amendment is
attached hereto as Exhibit "A."
2. The accident giving rise to this lawsuit occurred on July 1, 2001 and therefore the
statute of limitations for asserting any additional cause of action has not expired.
3. Plaintiff has sought the concurrence of both opposing counsel in this action and
such concurrence has not been given.
WHEREFORE, Plaintiff requests the Court to order that the Amendment
to the Complaint may be filed.
July 23, 2002
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Edward E. Knauss, W, Esquire
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Attorneys for Plaintiff
Document #: 238042.1
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
Plaintiff,
Defendants.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: CIVIL ACTION NO. 02-1571
:
:
..
:
:
:
JURY TRIAL DEMANDED
AMENDMENT TO COMPLAINT
The Complaint of the Plaintiffs is amended to add the following count:
COUNT II - Breach of Implied Warranty of Habitability
P!aintiff v. Brian Delmler~ Bonnie Deimler and Fred Willis
27. Preceding Paragraphs 1 - 26 of the Complaint are incorporated
herein by reference and made a part hereof.
28. As a result of the unsafe condition of the mobile home and
windows of the mobile home as set forth in ail of the preceding paragraphs
Defendants breached their implied warranty of habitability, which breach was
a substantial factor in causing the injuries to the Plaintiff.
WHEREFORE Plaintiff demands judgment against all
Document #: 237771.1
Defendants in an amount exceeding that requiring submission to compulsory
arbitration, plus costs.
July 23, 2002
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Edward E. Knauss, IV, Esquire
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Attorneys for Plaimiff
Document #: 237771.1
CERTIFICATE OF SERVICE
AND NOW, this 23ra day of July, 2002, I, Edward E. Knauss, IV, Esquire, of the law faro
of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served the
foregoing Motion of Plaintiff to Amend Complaint this day by depositing same in the United States
mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
Sixth Floor
Harrisburg, PA 17108
Jack Canavan, Esquire
Post & Schell, P.C.
240 CJrandview Avenue
Camp Hill, Pa 17011
Edward E. Knauss, IV
Document t4: 238042.1
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants Brian Deimler and Bonnie Deimler
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
As a prerequisite to service of subpoenas for documents and things pursuant to
Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party;
2. A copy of the Notice of Intent, including the proposed subpoena, is attached
to this Certificate;
filed.
That more than twenty (20) days has passed and no objections have been
4. The subpoena which will be served is identical to the subpoena which is
attached to the Notice of Intent to Serve Subpoena.
Re~bmitted,
~ DI ~& HAFER, LLP
X,~en S. ~o es IEsquir-~~
(717) 237-7' ~
Attorney for Defendants
Karen S. Coates, Esquire
Thomas, Thomas & Haler, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants Brian Deimler and Bonnie Deimler
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
JURY TRIAL DEMANDED
CERTIFICATE OF SERVlCF
AND NOW, this 19th day of July, 2002, I, BARBARA ONORATO, a paralegal in
the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct
copy of the foregoing Interrogatories Directed to Plaintiff by placing a copy of the same in
the United States Mail, first class, postage prepaid, to the following:
Edward E. Knauss, IV, Esquire
Metzger, Wickersham
3211 North Front Street
P. O. Box 5300
Harrisburg, PA 17108-0300
Barbara Onorato, Legal Assistant
2
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants Brian Deimler and Bonnie Deimler
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
Vo
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 0~- /~?/
JURY TRIAL DEMANDED
NOTICE OF INTENT TO sERVE SUBPOENAS
TO pRODUCE DOCUMENTS AND THINGs I:OR
DISCOVERY PURSUANT TO RULE 4009~21
Defendants intend to serve subpoenas identical to the ones that are 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 will be served.
Respectfully submitted,
HAFER,
K~ren S'.'~tes, Esquire
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorney for Defendants
LLP
Karen S. Coates, Esquire
Thomas, Thomas & Hafer, LLP
Attorney I.D. # 52654
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants Brian Deimler and Bonnie Deimler
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
JURY TRIAL DEMANDED
CERTIFICATE OF SERVlCF
AND NOW, this~t~h day of~,~,~002, I, BARBARA ONORATO, a paralegal in
the law firm of Thomas, Thomas & Haler LLP, hereby certify that I sent a true and correct
copy of the foregoing Interrogatories Directed to Plaintiff by placing a copy of the same in
the United States Mail, first class, postage prepaid, to the following:
Edward E. Knauss, IV, Esquire
Metzger, Wickersham
3211 North Front Street
P. O. Box 5300
Harrisburg, PA 17108-0300
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
Mo
IN THE COURT OF COMMON PLEAS
CUMBERLAND C'FY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.27.
TO: Carlisle Regional Medical Center, 246 Parker Street, Carlisle, PA 17013
(Name of Person or Entity)
JURY TRIAL DEMANDED
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Com lete co ies of an and all medical records, medical re orts medical bills dia ostic
studies, notes, cortes ondence MRI films. CAT scans, and/or x-ray films re ardin Berrie J.
Hoover. SSN' 16. -0 48-8836. d/o/b: 10/18/62.
;9Comas. Thomas & Haler. LLP. 305 N. Front St. P.O. Box 999 Harrisbur , PA 17108-
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.2?
TO: Dr. Ted Kosenske
(Name o£ Person or Entity)
JURY TRIAL DEMANDED
Within twenty (20) days after service of this subpoena, vou are ordered by the court to
produce the following documents or things: '
Corn lete co ies of an and all medical records medical re orts medical bills, dia nostic
studies, notes, con-es ondence. MRI films. CAT scans, and/or x-ra films re ardin Berrie
Hoover--48-8836. d/o/b: 10/18/62. J'
;~9~homaS. Thomas & Hafer. LLP 305 N. Front St.. P.O. Box 999. Harrisbur PA 17108-
(Address)
You may deliver or mall legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by tlfis subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/Ida BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. John G. Calaitges
(Name of Person or Entity)
JURY TRIALDEMANDED
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Com lete co ies of an and all medical records, medical re orts. medical bills dia nostic
studies notes, corres ondence MRI films. CAT scans and/or x-ra films re ardin Berrie J.
Hoover---48-8836. d/o/b: 10/18/62.
at: ~~.Box 999. Harrisburg,. PA 17108-
0999____~
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 23 7-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR TH1NGS
FOR DISCOVERY PURSUANT TO RULE 4009.27,
TO: Dr. Rodney Hough
(Name of Person or Entity)
JURY TRIAL DEMANDED
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Com lete co ies of an and all medical records, medical re orts medical bills dia nostic
studies, notes, corres ondence MRI films CAT scans, and/or x-ra films re din Berrie J.
Hoover---48-8836 d/o/b: 10/18/62.
;;9~homas. Thomas & Hafer LLP. 305 N. Front St.. P.O. Box 999. Harrisbur PA 17108-
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy .
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS, JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.2 ~
TO: Shippensburg Health Services, 46 Walnut Bottom Road, Shippensburg PA 17257
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena,, you are ordered by the court to
produce the following documents or things:
Com lete co ies of an and all medical records medical re orts. medical bills dia nostic
studies, notes corres ondence. MRI films. CAT scans, and/or x-ra films re ardin Berrie J.
Hoover SSN: 160-48-8836 d/o/b: 10/18/62.
at: Thomas. Thomas & Haler LLP 305 N. Front St.. P.O. Box 999. Harrisbur . PA 17108-
0999.
(Address)
You may deliver or mail legibl~ copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 23 7-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
JURY TRIALDEMANDED
TO:
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
_FOR DISCOVERY PURSUANT TO RULE 4009.2 t
Dr. Joseph Campbell, Vascular Associates, PC 850 Walnut Bottom Rd, Suite Al, Carlisle
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Corn lete co ies of an and all medical records, medical re orts medical bills, dia nostic
studies, notes, corres ondence MPd films. CAT scans and/or x-rav films re ardin Berrie J.
H°°ver~-8836 d/o/b: 10/18/62.
at: Thomas Thomas & Haler LLP. 305 N. Front St.. P.O. Box 999. Harrisbur PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by th/s
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 23 7-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THECOURT:
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/Ida BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Baxter Wellman, 127 Walnut BoSom Road, Shippensburg, PA 17257
(Name of Person or Entity)
JURY TRIAL DEMANDED
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Corn lete co ies of an and all medical records, medical re orts medical bills dia nostic
studies, notes, cortes ondence MR/ films. CAT scans and/or x-ray films re ardin Berrie J.
Hoover. SSN' 1. 60-48-8836. d/o/b: 10/18/62.
at: Thomas. Thomas & Haler. LLP. 305 N. Front St.. P.O. Box 999. Harrisbur . PA 17108-
0999______~
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 9.99, Harrisburg, PA 17108-0999
TELEPHONE: (717) 2o7-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
JURY TRIALDEMANDED
TO:
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.2 k
Dr. Craig Jurgenson, 850 Walnut Bottom Road, Carlisle, PA 1 '
(Name of Person or Entity) 701 ~
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Corn lete co ies of an and all medical records medical re orts medical bills, alia nostic
studies notes, cortes ondence MRI films CAT scans and/or x-ra films re ardin Berrie J.
Hoover SSN:160-48-8836 d/o/b: 10/18/62.
at: Thomas. Thomas & Haler LLP 305 N. Front St.. P.O. Box 999. Harrisbur PA 17108-
0999_.__._:
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Ronald Schlansky
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Corn fete co les of an and all medical records, medical re orts medical bills dia nostic
studies, notes corres ondence MR/films. CAT scans, and/or x-rav films re ardin Berrie J.
Hoover. SSN: 160-48-8836 d/o/b: 10/18/62.
;~9¢omas. Thomas & Haler. LLP 305 N. Front St. P.O. Box 999 Harrisbur . PA 17108-
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by tlfis subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
DATE:
Seal of the Court
Deputy
BERRIE DEITCH,
f/Ida BERRIE HOOVER,
Plaintiff
BRIAN DEIMLER, BONNIE DEIMLER,
and FRED WILLIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
CIVIL ACTION - LAW
NO.
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Lakeview Home Health Services Inc.
(Name &Person or Entity)
Within twenty (20) days after service of tNs subpoena, you are ordered by the court to
produce the following documents or things:
Corn lete co les of an and allem lo ment records includ~n re-em lo ment h sical
attendance records disability sli s wa e records ~nfirmarv si n in sheets writin s
cortes ondence etc. re ardin Berrie J. Hoover SSN: 160-48-8836 d/o/b: 10/18/62.
at: Thomas. Thomas & Haler. LLP. 305 N. Front St. P.O. Box 999. Harrisbur . PA 17108-
0999.
(Address)
You may deliver or mall legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost &preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
RE:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GMAC MORTGAGE CORPORATION )
)
CIVIL ACTION
VS.
ROBERT F. GREENE ) CIVIL DIVISION
DIANE L. GREENE ) NO. 02-1572
AFFIDAVIT OF SERVICE PURSUANT TO RULE 312~
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE
CORPORATION hereby verify that on 5110102 true and correct copies of the
Notice of Shedffs sale were served by certificate of mailing to the recorded
lienholders, and any known interested party see Exhibit "A" attached hereto.
Notice of Sale was sent to the Defendant(s) on 5110102 by certified mail return
receipt requested see Exhibit "B" attached hereto.
DATE:
FR~N-K FEDERMAN, ESQUIRE
Attorney for Plaintiff
716D ?JD1. 98q4 80~3 2831,
TO: ROBERT F. GREENE
312 EUTAW AVENUE
NEW CUMBERLAND, PA 17070
SENDER:
KMD-SALES
REFERENCE: #306715982
7160 3901 9844 8033 2848
TO: DIANE L. GREENE
12 WEST PINE STREET
ENOLA, PA 17025
SENDER:
KMD-SALES
REFERENCE: #306715982
PS Form 3800 June 2000
: s~°v~/g Lcertmed-~=ee _ .34
= ,~ ....... -~ ._ -- 2.10
mpt Fee
~.~ 0.00
US Postal Service ~
Rec.e. ipt for
Cer.f, ed Ma.
N '
° 'nsurance Coverage Provided
Do Not Use for International Mail
! ..............................................
...... ~ ............... 7":*'*" ....................
PS Form 3800 June 2000
-R-_E~RN l Postaoe
RECEIPT
Certified Mail
ge Provided
Do Not Use for International Mail
................................................
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Vo
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
Plaintiff,
Defendants. :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION NO. 02-1571
JURY TRIAL DEMANDED
MOTION TO AMEND COMPLAINT
1. Plaintiffwishes to amend her Complaint to add a separate count to the Complaint
to set forth a claim of Breach of Implied Warranty of Habitability. The proposed Amendmem is
attached hereto as Exhibit "A."
2. The accident giving rise to this lawsuit occurred on July 1, 2001 and therefore the
statute of limitations for asserting any additional cause of action has not expired.
3. Plaintiff has sought the concurrence of both opposing counsel in this action and
such concurrence has not been given.
WHEREFORE, Plaintiff requests the Court to order that the Amendment
to the Complaint may be filed.
July 23, 2002
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Edward E. Knauss, IV, Esquire
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Attorneys for Plaintiff
Document #: 238042.1
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Vo
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
Plaintiff,
Defendants. :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION NO. 02-1571
JURY TRIAL DEMANDED
AMENDMENT TO COMPLAINT
The Complaint of the Plaintiffs is amended to add the following count:
COUNT II - Breach of Implied Warranty of Habitability
Plaintiff v. Brian Deimler~ Bonnie Deimler and Fred Willis
27. Preceding Paragraphs 1 - 26 of the Complaint are incorporated
herein by reference and made a part hereof.
28. As a result of the unsafe condition of the mobile home and
windows of the mobile home as set forth in all of the preceding paragraphs
Defendants breached their implied warranty of habitability, which breach was
a substantial factor in causing the injuries to the Plaintiff.
WHEREFORE Plaintiff demands judgment against all
Document #: 237771.1
Defendants in an amount exceeding that requiring submission to compulsory
arbitration, plus costs.
July 23, 2002
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Edward E. Knauss, IV, Esquire
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Attorneys for Plaintiff
Document #: 237771~ 1
CERTIFICATE OF SERVICE
AND NOW, this 23ra day of July, 2002, I, Edward E. Knauss, IV, Esquire, of the law finn
of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served the
foregoing Motion of Plaintiff to Amend Complaint this day by depositing same in the United States
mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Karen S. Coates, Esquire
Thomas, Thomas & Haler, LLP
305 North Front Street
Sixth Floor
Harrisburg, PA 17108
Jack Canavan, Esquire
Post & Schell, P.C.
240 Grandview Avenue
Camp Hill, Pa 17011
Edward E. Knauss, IV
Document #: 238042.1
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
Vo
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff, :
: CIVIL ACTION NO. 02-1571
:
.
: JURY TRIAL DEMANDED
:
Defendants. :
RULE TO SHOW CAUSE
AND NOW, this a*0 ' day of Jr,/9 ,2002, a Rule is hereby issued and entered upon
the Defendants to show cause within ~o . days of service of this Rule why Plaintiff's
Motion should not be granted and why she should not be permitted to amend her Complaint as
set forth in her Motion to Amend.
BY THE COURT:
Document #: 238042. I
BERRIE DEITCH,
f/k/a BERRIE HOOVER,
BRIAN DEIMLER,
BONNIE DEIMLER, and
FRED WILLIS,
Plaintiff,
Defendants.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
·CIVIL ACTION NO. 02-1571
·JURY TRIAL DEMANDED
PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE
To the Prothonotary:
Please mark the above case settled and discontinued With prejudice.
Dated: Y'"
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
I.D. # 19199
3211 N. Front Slxeet
Harrisburg, PA 17110-0300
(717) 238-8187
Document #: 260389.1
CERTIFICATE OF SERVICE
I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP,
attomey for Defendants, Brian Deimler and Bonnie Deimler, hereby certify that a true and
correct copy of the foregoing document was sent to the following counsel of record by
placing a copy of same in the United States mail, postage prepaid, at Harrisburg,
Pennsylvania addressed as follows:
Edward E. Knauss IV, Esquire
Metzger, Wickersham, Knauss & Erb
3211 North Front Street
Harrisburg, PA 17110-0300
John P. Canavan, Esquire
Post & Schell
240 Grandview Avenue
Camp Hill, PA 17011
Dated: _~,- Z~' ,"~.,~
228933.1
i.~t.~8S:3P~ea ker, Esquire
P. O. Box 999
305 North Front Street
Harrisburg, PA 17108
(717) 255-7644