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Home My WebLink About02-3226Audrey A. Sweeney 111 South Chestnut Street Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 Civil Action - ( X ) Law ( ) Equity : Beth Ann White : 3310 Winston Blvd. : Wilmington, NC 28403 : Versus : Defendant : : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X David W. Knauer David W. Knauer, P.C. __ Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Names/Address/Telephone No. of Attomey Signature of Attorney Supreme Court ID No. 21582 Date: July 8, 2002 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: f'],.~ g'. ,,~z~.2_ By: ~ ( )Checkhereifreverseisissued ~radditionalin~rmation PROTHON.-55 Deputy ' MICHAEL B. KONYCKI : : PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUlXYFY, PENNSYLVANIA 02-3236 CIVIL ACTION LAW KELLY A. MCCORMACK DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 10, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, C.mherland County Courthouse, Carlisle on Thursday, July 25, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ t-[ubert X. Gilro'~. Esa. ~ ..- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney : Plaintiff : Vs. : : Beth Anne White : Defendant : COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02 3226 civil JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons for the above named matter. Date: August 7, 2002 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. I~auer,~l~squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney : Plaintiff : Vs. : : Beth Anne White : Defendant : COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02 3226 civil JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons for the above named matter. Date: ~2002 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. Knauer, Esqmre Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney 111 South Chestnut Street Mechanicsburg, PA 17055 Plaintiff No. 3226 2002 Civil Action - ( X ) Law ( ) Equity Beth Ann White 3310 Winston Blvd. Wilmington, NC 28403 Vemus Defendant : : JURYTRiAL DEMANDED MOTION FOR SERVICE BY PUBLICATIO,~., PURSUANT TO PA.R.C.P. NO. 430 1. The Plaintiff commenced the above action by Praecipe of Writ of Summons. 2. The Plaintiff has provided the Sheriff with the addresses of the Defendant plus the passenger/owner listed on the police report. 3. The Sheriff attempted to make service on the Defendant at the address listed on the police report. The Sheriff was unsuccessful in serving the Defendant. 4. The Plaintiff has unsuccessfully utilized the internet to attempt to locate the Defendant. 5. The Plaintiff's counsel's office located a, Beth Anne White, with an address of 218 Park Avenue, New Castle, Pennsylvania and Plaintiff's undersigned counsel attempted to contact her on November 6, 2002 to determine if she was the same Beth Anne White involved in the accident that gave rise to the above action. He was unsuccessful. 6. GEICO, the Defendant's insurance company for automobile insurance has been in contact with the Plaintiff's counsel and has confirmed that it had insurance coverage for the accident. 7. On September 20, 2001, Ms. Kimberley Gouldman, a GEICO adjuster, contacted the Plaintiff's counsel. By letter of the aforesaid date, Plaintiff's counsel confirmed the call and noticed the insurer that he was representing the Plaintiff. The Plaintiff marks as Exhibit "A", attaches hereto and incorporates herein by reference thereto a true and correct copy of said letter. 8. By letter dated June 10, 2002, Plaintiff's counsel provided Ms. Gouldman with a copy of the writ of summons in this case. The Plaintiff marks as Exhibit "B", attaches hereto and incorporates herein by reference thereto a true and correct copy of said letter. 9. Within the approximate last thirty days, the Plaintiff's counsel has received telephone calls from GEICO's adjuster, Ms. Dina Bluhm, who has contacted Plaintiff's counsel with respect to settlement. When she called, on both occasions, the Plaintiff's counsel has requested the address of her insured's and she has refused to provide same. 10. By letter dated November 11, 2002, Plaintiff's counsel provided a copy of the within motion to the aforesaid GEICO adjusters. The Plaintiff marks as Exhibit "C", attaches hereto and incorporates herein by reference thereto a true and correct copy of said letter. WHEREFORE, the Plaintiff moves Your Honorable Court to issue an Order directing the Sheriff to make service by certified mail postage prepaid on the Defendant's insurer, GEICO, with publication one time in the Cumberland County Legal Reporter and one time in a newspaper of general circulation in and for Cumberland County. Date: November 11, 2002 Respectfully sub,mitted, KNAUER & ASSOCIATES, L.S.C. I~a~;id W." l~fl a u~e r ,/rE ~q u i~'e- Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Knauer Associates, LSC Attorneys.at. Law 411 A East Main Street, Mechanicsburg, Pennsylvania 17055 Telephone: (717) 795-7790 David W. Knauer Fax: (717) 795-7793 Email: knauer@early.com Nathanael J. Byerly September 20, 2001 Ms. Kimberley Gouldman Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 RE: Our Client: Audrey Sweeney Our Insured: Brian Sweeney Claim Number: 01535758000107019 Dear Mrs. Gouldman: This confirms our telephone conference of the above ,date wherein I informed you that I am representing the above parties. Please make all inquires to our office and do not directly contact either of our above referenced clients. DWK: bm CC: Audrey Sweeney \company\Sweeney\09-20.01 claims. It Very truly yours, David W. Knauer Knauer & Associates, ]-SC Attorneys-at. Law 41 lA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer Email: ~.com June 10, 2002 Ms. Kimberley Gouldman Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 RE: Our Client: Audrey Sweeney Our Insured: Brian Sweeney Claim Number: 01535758000107019 Dear Mrs. Gouldman: Please find enclosed for your records a copy of the Writ of Summons now filed in the above case. If you have any questions or concerns, please do not hesitate to call. Thank you. DWK: bm Enclosure CC: Audrey Sweeney Company\Sweeney\06-10-02\ltr Very truly yours, David W. Knauer Knauer & Associates, LSC Attorneys-at-Law 41 lA. East Main Street, Mechanicsbu~g, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer Emaih knauer@earl .corn November 1 I, 2002 Dina Bluhm Claims Examiner GEICO Direct One GEICO Plaza Washington, DC 20076~0001 RE: Sweeney v. White Sweeney v. Alford Dear Ms. Bluhm: Please find enclosed copies of the Plaintiff's motion for service with the accompanying Affidavit and proposed Order of Court and the motion for consolidation of the two actions into one case with the proposed order. I would appreciate it if you would accept service on the writ. Please inform me if you are willing to do so. DWK: bm Enclosure CC: Audrey Sweeney Cumberland County Prothonotary Company\Sweeney\l 1-11-02qtr 5~ray fi-u~y yours, David W. Knauer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White · Defendant · COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY ']'RIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY 'TRIAL DEMANDED MOTION TO CONSOLIDATE 1. The above parties were the driver and the passenger in a vehicular collision that occurred on January 17, 2001. 2. The Plaintiff commenced the above actions under two separate captions. 3. The Plaintiff has been unsuccessful in serving the Defendants so that no defense counsel is yet involved in the above actions. 4. The Plaintiff has filed two motions for service by publication and service upon the Defendants' insurer. 5. The above actions should be consolidated. WHEREFORE, the Plaintiff prays that Your Honorable Court will consolidate the above actions into one action. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. Date: November 11, 2002 David W.'Kna~L~r,-E~sq uire Attorney for Plaintiff Attorney I.D. INo. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney : Plaintiff : Vs. : : Beth Ann White : Defendant : COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02 3226 civil JURY TRIAL DEMANDED PRAECIPE TO REIASUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons for the above named matter. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. Date: November 11, 2002 David W.-KnmJe?, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 Civil Action - ( X ) Law ( ) Equity Audrey A. Sweeney 111 South Chestnut Street Mechanicsburg, PA 17055 Plaintiff PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X David W. Knauer Beth Arm White 3310 Winston Blvd. Wilmington, NC 28403 Versus Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 (717'} 795-7790 Signature of Attorney Supreme Court ID No. 21582 Date: July 8, 2002 WRIT OF SUMMONS Names/Address/Telephone No. of Attorney TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary ~ g ~ Depu~ty ( ) Check here if reverse is issued for additional information PROTHON. - 55 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY -No. 2814-02 civil JURY TRIAL DEMANDED AFFIDAVIT AS TO DEFENDANT BETH ANN WHITE & BRENT D. ALFORD 1. The Plaintiff commenced the above action by Praecipe of Writ of Summons. 2. The Plaintiff has provided the Sheriff with the addresses of the Defendant plus the passengedowner listed on the police report. 3. The Sheriff attempted to make service on the Defendants at the address listed on the police report. The Sheriff was unsuccessful in serving the Defendants. 4. The Plaintiff has unsuccessfully utilized the internet to attempt to locate the Defendants. 5. The Plaintiff's counsel's office located a, Beth Anne White, with an address of 218 Park Avenue, New Castle, Pennsylvania and Plaintiff's undersigned counsel attempted to contact her on November 6, 2002 to determine if she was the same Beth Anne White involved in the accident that gave rise to the above action. He was unsuccessful. 6. The Plaintiff's counsel's office located a, Brent D. AIford, with an address of 910 4th Street, New Cumberland, Pennsylvania, and Plaintiff's undersigned counsel attempted to contact him on November 6, 2002 to determine if he was the same Brent D. AIford involved in the accident that gave rise to the above action. He was unsuccessful. 7. GEICO, the Defendant's insurance company for automobile insurance has been in contact with the Plaintiff's counsel and has confirmed that it had insurance coverage for the accident. 8. On September 20, 2001, Ms. Kimberley Gouldman, a GEICO adjuster, contacted the Plaintiff's counsel. By letter of the aforesaid date, Plaintiff's counsel confirmed the call and noticed the insurer that he was representing the Plaintiff. The Plaintiff marks as Exhibit "A", attaches hereto and incorporates herein by reference thereto a true and correct copy of said letter. 9. By letter dated June 10, 2002, Plaintiff's counsel provided Ms. Gouldman with a copy of the writ of summons in this case. The Plaintiff marks as Exhibit "B", attaches hereto and incorporates herein by reference thereto a true and correct copy of said letter. 10. Within the approximate last thirty days, the Plaintiff's counsel has received telephone calls from GEICO's adjuster, Ms. Dina Bluhm, who has contacted Plaintiff's counsel with respect to settlement. When she called, on both occasions, the Plaintiff's counsel has requested the address of her insured's and she has refused to provide same. 11. By letter dated November 11,2002, Plaintiff's counsel provided a copy of the within motion to the aforesaid GEICO adjusters. The Plaintiff marks as Exhibit "C", attaches hereto and incorporates herein by reference thereto a true and correct copy of said letter. i~l W. Kna(J~r, Esquire Knauer & Assodates, LSC Attorneys-at. Law 41 ! A East Main Street, Mechanicsburg, Pennsylvania 17055 Telephone: (717) 795-7790 David W. Knauer Fax: (717) 795-7793 Email: knauer@early.com Nathanael J. Byerly September 20, 2001 Ms. Kimberley Gouldman Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 RE: Our Client: Audrey Sweeney Our Insured: Brian Sweeney Claim Number: 01535758000107019 Dear Mrs. Gouldman: This confirms our telephone conference of the above date wherein I informed you that I am representing the above parties. Please make all inquires to our office and do not directly contact either of our above referenced clients. DWK: bm CC: Audrey Sweeney \company\Sweeney\09-20-01 claims. It Very truly yours, David ~V~. K~auer Knauer & Associates, LSC Attorneys-at. Law 41lA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer Ernail: knauer@earl .corn June 10, 2002 Ms. Kimberley Gouldman Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 RE: Our Client: Audrey Sweeney Our Insured: Brian Sweeney Claim Number: 01535758000107019 Dear Mrs. Gouldman: Please find enclosed for your records a copy of the Writ of Summons now filed in the above case. If you have any questions or concerns, please do not hesitate to call. Thank you. DWK. bm Enclosure CC: Audrey Sweeney Company\Sweeney\06_ 10-02~ltr Very truly yours, David W. Knauer Knauer & Associates, LSC Attorneys-at. Law 41lA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fa.,(: (717) 795-7793 Emaih knauer@earl .corn David V7. Knauer November 11, 2002 Dina Bluhm Claims Examiner GEICO Direct One GEICO Plaza Washington, DC 20076-0001 RE: Sweeney v. White Sweeney v. Alford Dear Ms. Bluhm: Please find enclosed copies of the Plaintiff's motion for service with the accompanying Affidavit and proposed Order of Court and the motion for consolidation of the two actions into one case with the proposed order. I would appreciate it if you would accept service on the writ. Please inform me if you are willing to do so. DWK: bm Enclosure CC: Audrey Sweeney Cumberland County Prothonotary Company\Sweeney\l 1-11-02\Itr .V,.e,,ry t~y yours, David W. Knauer AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, Defendant : IN THE COURT £)F COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 3226-02 Civil : : JURY TRLM~ DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Jeffrey T. McGuire, Esquire and Ray J. Michalowski, Esquire, on behalf of Defendant, Beth Ann White, in the above-captioned matter reserving Defendant's objection to original service of process. Dated: [//a~°/ 02-843/48855 CALDWELL & YdEARNS By: /~ftt~(y~. McGuire, Esquire //Attorney I.D.//73617 Ray J. Michalowski, Esquire Attomey I.D. #87135 3631 Nortkt Front Street Harrisburg, PA 17110 (717) 232-'7661 CERTIFICATE OF SERVICiE served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 CAL~r.~,,ELL & KEARNS AUDREY A. SWEENEY V. BETH ANN WHITE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : NO. 2002-3226 CW][L ./ : AUDREY A. SWEENEY V. BRENT D. ALFORD : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-2814 CIVIL TERM ORDER OF COURT AND NOW, this 25T}~ day of NOVEMBER, 2002, it appearing to the Court that service of original process has yet to be made on either defendant, and it being further noted that the Motion to Consolidate does not contain sufficient information regarding the underlying causes of action to allow us to make an informed decision, said Motion is denied without prejudice. Edward E. Guido, J. David W. Knauer, Esquire For the Plaintiff AUDREY A. SWEENEY V. BETH ANN WHITE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3226 CIVIL ORDER OF COURT AND NOW, this 25TM day of NOVEMBER, 2002, it appearing to the Court that plaintiff's Motion for Service by Publication is not accompanied by an affidavit as required by Pa. R.C.P. 430 (a), nor does it set forth a sufficient good faith effort as illustrated in the comments to said rule, it is denied without prejudice. Edward E. Guido, J. David W. Knauer, Esquire For the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBFRLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED DEPOSITION NOTICE Please be advised that on December 30, 2002, at 10:00 a.m., the Plaintiff will take the deposition of Ms. Dina Bluhm or other designated representative of the Defendants' insurer, at the offices of Knauer & Associates, 411-A East Main Street, Mechanicsburg, Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are directed to provide a copy of your file that contains the addresses of both of the above Defendants for review and copying. The purpose, inter a/ia, of the deposition is to obtain the addresses of both of the above parties. You are invited to attend and participate in this examination. Respectfully submitted, Date: December 11, 2002 R & ASSOCIATES, LSC David W. 14naue~, Esquire Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLFAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBIERLAND COUNTY No. 3226-02 civil JURY 'I'RIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBFRLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 11th day of December, 2002, serve a true and correct copy of the Plaintiff's Deposition Notice by United States mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 David W Knaue, q ' - Attorney for Plaintiffs ID No. 2'.1582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: Audrey A. Sweeney Plaintiff VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil Beth Ann White Defendant JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff MS, Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY '['RIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, Date: (3) (4) No objection to the subpoena has been received, and December 13, 2002 The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Attorney for Plaintiffs ID No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 CCiTt{ OF PI!I~WSYLVANTA Fi le No. SUBPOENA TO P~ FOR DISOOV~RY PURSUANT TO RtLE 4009.22 (Name of Person o~ Entity) p~oduce the fol]owir~ documents or things: Any and all records, reports, ........... ~locume~tation_z_and/or any other information regaroing the above named matter. at 411-A East Main Street, MechanicsDurg, PA 17055 Within twenty (20) days afte~ service of this subpoena, you are oPde~ed by the court to [Address ) Yo~ may de;iver or mail legible copies of the docunents or produce things requested by this subpoena, together- with the certificate of cc~npliance, to the party n~kin.g 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 doc%n]ents or things required by this sub~-~n~ within twenty (20) days afte~ its service, the pa~ty servin9 this subpoe~',a may seek a oc.Jrt cc.i~ellir;9 you to cc~]y with it. FHIS SUBPOENA WAS I SS~SD AT THE REQUEST OF THE FOLLOW I N~ PERSON: NA~5: David W. Knauer ~DO~ESS: 411-A E Main Street Mechanicsburg, PA 1 70~-5 - [ELEPHON£: 71 7-795-7790 ~3PRE~5 COURT ID .~ 21 582 AFFO~NEY FO~: Plaintiff )ATE: Seal of the Court BY ~ COURT: (Elf. 7'/97) CC~TH OF pEi~R~%YLVANI~k ~OF COMBERLAND V/~ : Fi le No,. : : $UBI::K~NA TO PROOOC6 ~NTS OR TH IN(~ FOR DISCOVERY PU~ TO RUI_E 4009.22 (Name of Person or' Entity) Within twenty (20) days after semvice of this subpoena., you are ordered by the court to p~oduce the fol)owing doctments or things: Any and all recordm, reports, documentation, and/or any other zntormation regarding thc above named Matter. 411-A East Main Street, Mechanicsburg, PA 17055 (Address) You may de;iver or mail legible copies of the docunents or produce things requested by this subpoena, together- with the certificate of conpliance, to the party making this request at the address liated 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 su~-:n~ within twenty (20) days after its service, the pa~ty serving this subpoer,a may seek a c~Jrt order cc-iSellir:g you to co,~ly with it. TH I S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA~: David W. Knauer ~DO~ESS: 411-A E Main Street Mechanicsburg, PA 17055 rEtEPHON£: 717-795-7790 ';L~REP~ C~T ID .~ 21 582 ,\FFORNEY FO~: Plaintiff ~ATE: (Eff. ~/91) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT Of COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY 'I'RIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 13th day of December, 2002, serve a true and correct copy of the Plaintiff's Prerequisite to Service of a subpoena by United States mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 David W. Kna~er, Esquire Attorney for Plaintiffs ID No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 SHERIFF'S RETURN - OUT OF COUNTY dASE NO: 2002-03226 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SWEENEY AUDREY A VS WHITE BETH A2~N R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WHITE BETH ANN but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LAWRENCE County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 9th , 2002 , this office was in receipt of the attached return from LAWRENCE Sheriff,s Costs: Docketing Out of County Surcharge Dep Lawrence Co 18.00 9.00 10.00 25.50 .00 62.50 12/09/2002 KNAUER & ASSOC Sworn and subscribed to before me this ./f a- day of ~(~JL~ ~ ~6~ ~ A.D. Sheriff of Cumberland County P~o~ (72~) 852-5122 420 COURTST. NEW CASTLe, p~ ~6~0~-3593 NO. 02-3226 Audrey A. Sweeney _ cumberland County VS. Beth Ann White AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LAWRENCE Before me, the undersigned authority, personally appeared Perry Quahliero Deputy Sh_eriff who, being duly sworn according to law, deposes and says ~hat on the 25th day of November , 200 2_~_, at_2:50 Y~/P.M., he~ served ~~ Reissue Writ of Summons/Writ of Summons filed ac No. 02-3226 ~ · Cumberland upon defendant Beth Ann White at 218 Park Avenue, New Castle, PA by making known the contents ~a Beth Ann White ersonall , and ending to and leaving with _ her a certified copy of the h ' County, Pennsylvania, ry/Quahliero ' Deputy Sheriff SO ANSWERS, Robert L. Clark, Sheriff Lawrence County Pennsylvania In The Court of Common Pleas of Camberland County, Pennsylvania Audrey A. Sweenev VS. Beth Ann White SERVE: Beth Ann White No. 02 _3226 civil Now, November 21, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lawrence County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff o f Cum berland County, PA Affidavit of Service Now, _____Nov_e. mb. Dr 25, ,200__22 , at 2:50 o'clock within P.M. served the upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ _ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED MOTION FOR SPECIAL ORDER DIRECTING THE METHOD OF SERVICE, MOTION TO COMPEL AND MOTION FOR SANCTION-~ 1. In the police investigation report, the Defendants' addresses were set forth as being in the State of North Carolina. 2. The collision that gave rise to this action occurred on January 17, 2001. 3. In this case, GEICO Insurance Company insured both the Plaintiff and the Defendant. On September 20, 2001, Plaintiff's counsel spoke with Ms. Kimberley Gouldman, GEICO's adjuster assigned for defense of the Defendants. Plaintiff's counsel by letter dated June 20, 2001 to Ms. Heidi Page, the adjuster for the Plaintiff's for first party benefits, gave notice to GEICO with that he represented Plaintiff. The Plaintiff marks as Exhibit "A" and "B" respectively, attaches hereto and incorporates herein by reference thereto a true and correct copies of said letters. 4. Since the June 20, 2001, Plaintiff's counsel has had numerous written and telephone contacts from and to the Defendants' insurer's adjusters. 5. At some point in time unknown to the Plaintiff, GEICO assigned Ms. Dina Bluhm to become GEICO's adjuster assigned to the case, Plaintiff's counsel requested good addresses for service for the Defendants. 6. Ms. Bluhm refused to provide the Defendants' addresses. 7. On November 13, 2002, the Plaintiff filed her Motion for Service by Publication Pursuant to PA.R.C.P. NO. 430 and her Affidavit as to Defendant Beth Ann White & Brent D. Alford. 8. The Plaintiff prepared and filed the motion and original affidavit separate from the motion for special service because Pa.R.C.P. No. 430 provides that: .... The motion shall be accompanied by an affidavit stating the nature and the extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons service cannot be made. 9. By Order dated November 25, 2002, the Honorable Edward E. Guido denied the aforesaid motion without prejudice because no affidavit had been filed with the aforesaid motion. 10. There had been a break down within the Prothonotary's office because the aforesaid affidavit had not been entered to both captions and was not in the original file when the Court obtained the original file. The Plaintiff marks as Exhibit "C", attaches hereto and incorporates herein by reference thereto a true and correct copy of the date and time-stamped copy of the Affidavit. 11. The Plaintiff's counsel provided Ms. Bluhm with a copy of the Plaintiff's Motion for Service by Publication Pursuant to Pa.R.C.P. No. 430 under cover letter dated November 11, 2002. Ms. Bluhm did not reply to the aforesaid letter. 12. Although Ms. Bluhm did not reply to the Plaintiff's counsel's letter of November 11, 2002, The Plaintiff's counsel received the Defendants' counsel's letter of November 20, 2002 that stated, inter alia, I have not yet received the insurance file, but it is my understanding that this was a rear end accident, that Ms. White was driving the vehicle, and that Mr. Alford was a passenger and merely owned the vehicle in this case. Based on this information, it appears likely that liability will not be contested with regard to Ms. White, but I will be seeking the dismissal of Mr. Alford. (emphasis added). .... It seems, from my review of the case law, that you have not made a full good faith effort to locate and serve my clients in this case. I would strongly encourage you to make a real effort to locate them, as it should not be difficult. (emphasis added) 13. The Defendant's counsel entered his appearance on November 21, 2002. 14. On December 4, 2002, Plaintiff's counsel contacted defense counsel to schedule depositions of Ms. Bluhm or a corporate designee of GEICO. Mr. McGuire provided the date of December 30, 2002 and Plaintiff's counsel agreed to hold the aforesaid depositions on December 30, 2002. 15. Based on Mr. McGuire's agreement to the December 30, 2002, Plaintiff scheduled the aforesaid depositions and personally delivered to defense counsel's office the Deposition Notice, Plaintiff's Interrogatories, Plaintiff's Requests for Production of Documents and the pre-requisite notice pursuant to Pa.R.C.P. No. 4009.22 to request the Prothonotary to issue a subpoena 16. Defense counsel by letter dated December 10, 2002 informed Plaintiff's counsel that: I received the discovery and notices of deposition that you have provided in the above cases, and I note that you called me on December 4th concerning deposing my clients. Please note that, as you will recall from the time of your phone call, I did not know what case you were calling about, and I certainly did not agree to accept service of any notice of deposition on discovery for my clients. Upon receipt and of the discovery that you dropped off at my office, I realized that you have not properly served my clients in this case. I have discussed the matter with my clients, and I do not have authority to accept service of any documents on their behalf. Therefore unless you properly serve the Complaint or the discovery on my clients, we will not respond to your discovery. The Plaintiff marks as Exhibit "D", attaches hereto and incorporates herein by reference thereto a true and correct copy of defense counsel's December 10, 2002 letter. 17. Plaintiff's counsel could not contact the Defendants' insurance company directly because defense counsel represented the company and its insureds and therefore it would have been unethical for Plaintiff's counsel to contact it directly. Consequently, Plaintiff's counsel provided all documents and pleading to the defense counsel. 18. Plaintiff's counsel's office by letter dated December 13, 2002 replied to defense counsel's letter. The Plaintiff marks as Exhibit "E", attaches hereto and incorporates herein by reference thereto a true and correct copy of Plaintiff's counsel's reply to defense counsel's December 10, 2002 letter. 19. The Defendant's counsel's statement that he did not know what case PlaintifFs counsel was calling to schedule depositions is patently false because PlaintifFs counsel has exactly one other case with defense counsel. On November 19, 2002, defense counsel herein and PlaintifFs counsel herein argued before the Superior Court that appeal; Malave v. Stevens, Superior Court docket no. 1739 MDA 2001. One day later defense counsel herein penned his letter of November 20, 2002 to PlaintifFs counsel. Fifteen days later on December 4, 2002, the defense counsel scheduled the aforesaid deposition. 20. Plaintiff's counsel was out of his office on vacation from the end of business on December 13, 2002 until December 23, 2002, on December 26, 2002, PlaintifFs counsel left word with Ray J. Michalowski, Esquire an associate of defense counsel informing him that he would not issue a subpoena for Ms. Bluhm but that the deposition notice also requested a corporate designee and would be held as scheduled. 21. On December 27, 2002, PlaintifFs counsel confirmed the telephone conference of December 26, 2002 that he had with defense counsel's associate and called to his attention that the deposition notice was also for a corporate representative. 22. Although defense counsel entered his appearance, agreed to the deposition date and received PlaintifFs discovery, the Defendant did not file for any protective order as Pa.R.C.P. No. 4012 requires. 23. On December 30, 2002, the Plaintiff's counsel and court reporter were present and the defense counsel did not appear and no corporate designee appeared. 24. After the Defense counsel and a corporate designee failed to appear on the aforesaid date and at the aforesaid time, Plaintiffs counsel by telephone contacted Mr. McGuire who informed him that neither he nor a corporate designee would appear: the (defense counsel) informed me that he had not filed any objections to the deposition, that no corporate representative would appear from GEICO because he represented the insureds. He also stated that his clients instructed him not to accept service on the initial process. He further informed me that he had the addresses of his clients but would not provide them to be because his clients instructed him not to do so. December 30, 2002 deposition page 2-3. PLAINTIFF'S MOTION FOR SANCTION~ 25. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 24 as if more fully set forth herein by reference thereto. 26. Pa.R.C.P. No. 4019(a)(1 )(i)(ii)(iv)(viii)(2)(c)(1 )(2)(4)(5) that: (a)(1) The court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005; (ii) a corporation or other entity fails to make a designation under Rule 4004(a)(2) or 4007. l(e); (iv) a party or an officer, or managing agent of a party or person designated under Rule 4004(a)(2) to be examined, fails to answer, answer sufficiently or object to written interrogatories under Rule 4004; (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery; (2) A failure to act described in subdivision (a)(1) may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has filed an appropriate objection or has applied for a protective order. (c) The court, when acting under subdivision (a) of this rule, may make (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony; (4) an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under rule 4010; (5) such order with regard to the failure to make discovery as is just. 27. The Plaintiff duly served interrogatories and requests for production of documents on the Defendants. That discovery, inter alia, requested the Defendants to provide their addresses. 28. After defense counsel confirmed his availability for depositions, the Plaintiff scheduled a deposition for the adjuster of the Defendants' insurance company or a corporate representative. 29. The Defendants never filed any objections to the aforesaid discovery or filed for a protective order. 30. The Defendants refusal to respond to discovery has prejudiced the Plaintiff because she cannot obtain the addresses of the Defendants to make service on them. The Defendants and/or their insurance company are defending on the basis that the Plaintiff has not yet obtained jurisdiction over the Defendants while at the same time concealing their whereabouts. 31. The Plaintiff has attached the court reporter's bill for the deposition that the Defendants failed to attend as Exhibit "F". 32. The Plaintiff has attached her counsel's hourly bill for preparation for the depositions and preparation of these motions as Exhibit "G". 33. The court reporter's bill for the December 30, 2002 deposition is in the amount of $89.25. 34. Plaintiff's counsel has expended three hours for the preparation and filing of this motion and anticipates additional time depending upon the Defendant's response to these motions. WHEREFORE, the Plaintiff moves Your Honorable Court that in the alternative or cumulatively sanctions be imposed on the Defendants for their failure to respond to discovery, to wit: a.) Costs of court reporter and counsel's bill for the preparation for the deposition and the preparation and prosecution of these motions; b.) that the Plaintiff be permitted to serve either the Defendants or their insurance company GEICO with original process; c.) that the Defendants' objection to service be stricken and that the Plaintiff's be deemed to have effected service on the Defendants. MOTION FOR SPECIAL ORDER DIRECTING THE METHOD OF SERVICi- 35. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 34 as if more fully set forth herein by reference thereto. 36. Since Judge Guido's aforesaid Order of November 25, 2002, the Plaintiff has taken the following actions to attempt to serve the Defendants since the Affidavit was originally filed: a.) prepared and served interrogatories and requests for production of documents; b.) scheduled and held a deposition; c.) checked telephone books in metropolitan Harrisburg; d.) called voter registration offices in Dauphin County and Cumberland County; e.) called two North Carolina post offices for current addresses and/or forwarding addresses; f.) contacted the Pennsylvania Department of Transportation, Bureau of Motor Vehicles to determine if the Defendants had any vehicle registration or drivers' licenses; g.) checked the following internet addresses: 1. www.anywho .com; 2. www.yellowpages.com; 3. www.whitepages.com; 4. www.classmates.com; h.) obtained an address for a Beth Ann White in Lawrence County, Pennsylvania and had deputized service on her by the Sheriff of Lawrence County but determined that the Beth Ann White in Lawrence County was not the Defendant of the same name in this action; i.) obtained an address for a Brent Alford in Dauphin County, Pennsylvania and had deputized service on him by the Sheriff but determined that the Brent Alford in Dauphin County was not the Defendant of the same name in this action; j.) learned that defense counsel has the addresses of both Defendants but refuses to divulge those addresses; k.) filed a motion to compel on the Defendants to provide answers to the Plaintiff's interrogatories and requests for production of documents; I.) completed research on attorney client privilege and work product rule in support of these motions. The Plaintiff marks as Exhibit "H", attaches hereto and incorporates herein by reference thereto a true and correct copy of the Plaintiff's supplemental affidavit for actions taken to support Order on jurisdictional basis. WHEREFORE, the Plaintiff requests that: a.) Your Honorable Court will issue an order directing the Defendants to respond to the Plaintiff's interrogatories and requests for production of documents and provide the Plaintiff with the Defendants' addresse/s; b.) grant the plaintiff's request for service of process by publication; c.) award counsel fees. d.) order payment of the court reporter's bill for said deposition in the amount of $89.25. MOTION TO COMPEL DIRECTED TO THE DEFENDANTS_AND THEIR COUNSEL TO PROVIDE THE DEFENDANTS' ADDRESSE~ 37. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 36 as if more fully set forth herein by reference thereto. WHEREFORE, the Plaintiff prays that Your Honorable Court will enter an order to compel the Defendants' counsel and or insurer to provide the Plaintiff with the addresses of the Defendants. Date: February 4, 2003 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. #/I vid W. Kna~er, ~squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Knauer & Associates, LSC Attorneys-at-Law 411 A East Main Street, Mechanicsburg, Pennsylvania 17055 Telephone: (717) 795-7790 David W. Knauer Fax: (717) 795-7793 Nathanael J. Byerly Emaih knauer@early, com June 20, 2001 Heidi Paige Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 Our Client: Audrey Sweeney Your Insured: Brian Sweeney Claim Number: 016120652-0101-021 Dear Mrs. Paige: We represent Audrey Sweeney for an Automobile accident that occurred on January 17, 2001. Please send all future correspondence to our office. Thank you. DWK: bm \company\Sweeney\6-20-01 claims.ltr Very truly yours, David W. Knauer Knauer & Associates, LSC Attorneys-at-Law 411 A East Main Street, Mechanicsburg, Pennsylvania 17055 Telephone: (717) 795-7790 David W. Knauer Fax: (717) 795-7793 Nathanael J. Byerly Email: knauer@early.com September 20, 2001 Ms. Kimberley Gouldman Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 Our Client: Audrey Sweeney Our Insured: Brian Sweeney Claim Number: 01535758000107019 Dear Mrs. Gouldman: This confirms our telephone conference of the above date wherein I informed you that I am representing the above parties. Please make all inquires to our office and do not directly contact either of our above referenced clients. DWK: bm CC: Audrey Sweeney \company\Sweeney\09-20-01 claims. It Very truly yours, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant Audrey A. Sweeney Plaintiff Vs. Brent D. Alford . Defendant . COURT OF COMMON CUMBERLAND COUNT¢::', No. 3226-02 civil JURY TRIAL DEMAND~-~ COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED AFFIDAVIT AS TO DEFENDANT BETH ANN WHITE & BRENT D. ALFORD 1. The Plaintiff commenced the above action by Praecipe of Writ of Summons. 2. The Plaintiff has provided the Sheriff with the addresses of the Defendant plus the passenger/owner listed on the police report. 3. The Sheriff attempted to make service on the Defendants at the address listed on the police report. The Sheriff was unsuccessful in serving the Defendants. 4. The Plaintiff has unsuccessfully utilized the internet to attempt to locate the Defendants. 5. The Plaintiff's counsel's office located a, Beth Anne White, with an address of 218 Park Avenue, New Castle, Pennsylvania and Plaintiff's underSigned counsel attempted to contact her on November 6, 2002 to determine if she was the same Beth Anne White involved in the accident that gave rise to the above action. He was unsuccessful.. 6. The Plaintiff's counsel's office located a, Brent D. Alford, with an address of 910 4th Street, New Cumberland, Pennsylvania, and Plaintiff's undersigned counsel attempted to contact him on November 6, 2002 to determine if he was the same Brent D. Alford involved in the accident that gave rise to the above action. He was unsuccessful. 7. GEICO, the Defendant's insurance company for automobile insurance has been in contact with the Plaintiff's counsel and has confirmed that it had insurance coverage for the accident. 8. On September 20, 2001, Ms. Kimberley Gouldman, a GEICO adjuster, contacted the Plaintiff's counsel. By letter of the aforesaid date, Plaintiff's counsel confirmed the call and noticed the insurer that he was representing the Plaintiff. The Plaintiff marks as Exhibit "A", attaches hereto and incorporates herein by reference thereto a true and correct copy of said letter. 9. By letter dated June 10, 2002, Plaintiff's counsel provided Ms. Gouldman with a copy of the writ of summons in this case. The Plaintiff marks as Exhibit "B", attaches hereto and incorporates herein by reference thereto a true and correct copy of said letter. 10. Within the approximate last thirty days, the Plaintiff's counsel has received telephone calls from GEICO's adjuster, Ms. Dina Bluhm, who has contacted Plaintiff's counsel with respect to settlement. When she called, on both occasions, the Plaintiff's counsel has requested the address of her insured's and she has refused to provide same. 11. By letter dated November 11, 2002, Plaintiff's counsel provided a copy of the within motion to the aforesaid GEICO adjusters. The Plaintiff marks as Exhibit "C", attaches hereto and incorporates herein by reference thereto a true and correct copy of said letter. avi~l/~~-Kna(~r, Esquire Knauer & Associates, LSC Attorneys-at-Law 411 A East Main Street, Mechanicsburg, Pennsylvania 17055 Telephone: (717} 795-7790 Fax: (717) 795-7793 David W. Knauer Email: knauer@early, com Nathanael J. Byerly September 20, 2001 Ms. Kimberley Gouldman Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412~0001 RE: Our Client: Audrey Sweeney Our Insured: Brian Sweeney Claim Number: 01535758000107019 Dear Mrs. Gouldman: This confirms our telephone conference of the above date wherein I informed you that I am representing the above parties. Please make all inquires to our office and do not directly contact either of our above referenced clients. DWK: bm CC: Audrey Sweeney \c°mpany\Sweeney\09_20_01 claims.lt Very truly yours, David W. Knauer Knauer & Associates, LSC Attorneys-at-Law 41 lA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer Email.. knauer@ear[ .cora June 10, 2002 Ms. Kimberley Gouldman Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 RE: Our Client: Audrey Sweeney Our Insured: Brian Sweeney Claim Number: 01535758000107019 Dear Mrs. Gouldman: Please find enclosed for your records a copy of the Writ of Surnmons now filed in the above case. If you have any questions or concerns, please do not hesitate to call. Thank you. DWK: bm Enclosure CC: Audrey Sweeney Company\S weeney\06_ 10-02\ltr Very truly yours, David W. KnaU~r ~nauer ~ Associates, LSC Attorneys-at. Law 41 lA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 Ernai[: knauer@earl .corn Dav/d W. Knauer Dina Bluhm Claims Examiner GEICO Direct One GEICO Plaza Washington, DC 20076-0001 Sweeney v. White Sweeney v. Alford Dear Ms. Bluhm: November 11, 2002 Please find enclosed copies of the Plaintiff's motion for service with the accompanying Affidavit and proposed Order of Court and the motion for consolidation of the two actions into one case with the proposed order. I would appreciate it if you would accept service on the writ. Please inform me if you are willing to do so. DWK: bm Enclosure CC: Audrey Sweeney Cumberland County Prothonotary C°mpany\Sweeney\ 1 I-11-02~ltr .V..cvy'ti~y yours, . ./ .... :. 'i~ ..... David W. Kmauer CARL G. WABS JAMES R. CLIPPINGER CHARLES J. DEhART. Ill JAMES D. CAMPBELL, JR. JAMES L, GOLDSMITH JEFFREY T, MCGUiRE.~ STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN DOUGLAS e. HERMAN RAY J. MICHALOWSKi eAlSO a MEMBER Of N~ BAR CALDWELL ~ KEARNS A PROFESSIONAL CORPORAtiON ATTORNEYS AT LAW 3631 NORTh FRONT STREET HARRISBURG, PENNSYLVANIa 17Ii0-1533 December 10, 2002 David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 Re: Sweeney v. White Sweeney v. Alford Dear David: OF COUNSEL RICHARD 1. KEARNS THOMAS D. CALDWELL. JR. 11~28- 2001) 7t7 -23~- 7661 FAX: 717-23~- 2766 thefirrn@caldwellkearns.com I received the discovery and notices of deposition that you have provided in the above cases, and I note that you called me on December 4th concerning deposing my clients. Please note that, as you will recall from the time of your phone call, I did not know what case you were calling about, and I certainly did not agree to accept service of any notice of deposition nor discovery for my clients. Upon receipt of the discovery that you dropped off at my office, I realized that you have not properly served my clients in this case. I have discussed the matter with my clients, and I do not have authority to accept service of any documents on their behalf. Therefore, unless you properly serve the Complaint or the discovery on my clients, we will not respond to your discovery. I would reiterate my letter of November 20th, and suggest that vou locate and serve my clients. ' - ?. ~d'cGuire ~/ELL & KEARNS JTM:dlj cc: Dina Bluhm (Claim No. 01535750-0107-019) 02-843/49682 Knauer E~ Associates, LSC Attorneys-at. Law 41 lA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 Email: knauer@earlv.com David W. Knauer December 13, 2002 Jeffrey T. McGuire, Esquire Ray J. Michalowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Sweeney v. Alford, No. 02 28 14 Sweeney v. White, No. 023226 Dear Mr. McGuire: Please be advised the Mr. Knauer has read your letter of December 10, 2002 and is in disagreement. He is on vacation currently and will return on December 23, 2002. Please find enclosed a copy of the Prerequisite to service of a subpoena. Thank you. DWK: bm Enclosure CC: Audrey Sweeney Company\S weeney\ 12-13-02\Itr Very truly yours, (7' ,'--' David W. Knauer q ePo ing Service, Inc. 2080 UNGLESTOWN ROAD, SUITE 103 * HARRISBURG, PA 17110 Harrisburg 717-540-0220 Fax 717-540-0221 Lancaster 717-393-5101 TO: RE: David W. Knauer, Esquire Knauer & Associates, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 717-795-7790 Sweeney White CCP/ Cumberland County, PA No. 3226-02 Sweeney v Alford No. 2814-02 IRS NUMBER 23-2345714 INVOICE NUMBER: 19856 DATE: January 15, 2003 TERMS: NET 30 DAYS REPORTER: PS Please enclose copy with your payment. Show our invoice number on your check. Transcript of Proceedings taken December 30, 2002 at Knauer & Assoc., LSC, 41lA East Main street, Mechanicsburg, PA Minimum Charge - Includes 4 page transcript Postage *** Thank you *** Pleas e P a y pro mPt ly TOTAL 87.50 1.75 $89.25 BILL FOR PROFESSIONAL SERVICES RENDERED Review discovery rules, research, draft and revise motions and file same. 3 hours @ $200 per hour -- $600. 3.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED SUPPLEMENTAL AFFIDAVIT AS TO DEFENDANT BETH ANN WHI BRENT D. ALFORn Since Judge Guido's aforesaid Order of November 25, 2002, the Plaintiff has taken the following actions to attempt to serve the Defendants since the Affidavit was originally filed: a.) prepared and served interrogatories and requests for production of documents; b.) scheduled and held a deposition; c.) checked telephone books in metropolitan Harrisburg; d.) called voter registration offices in Dauphin County and Cumberland County; e.) called two North Carolina post offices for current addresses and/or forwarding addresses; f.) contacted the Pennsylvania Department of Transportation, Bureau of Motor Vehicles to determine if the Defendants had any vehicle registration or drivers' licenses; g.) checked the following internet addresses: 1. ~ho .corn; 2.~pages.com; 3. www. whitepages.com; 4..www.classmates.com_; h.) obtained an address for a Beth Ann White in Lawrence County, Pennsylvania and had deputized service on her by the Sheriff of Lawrence County but determined that the Beth Ann White in Lawrence County was not the Defendant of the same name in this action; i.) obtained an address for a Brent Alford in Dauphin County, Pennsylvania and had deputized service on him by the Sheriff but determined that the Brent Alford in Dauphin County was not the Defendant of the same name in this action; j.) learned that defense counsel has the addresses of both Defendants but refuses to divulge those addresses; k.) filed a motion to compel on the Defendants to provide answers to the Plaintiff's interrogatories and requests for production of documents; I.) filed a motion for sanctions. The Affiant has either personally performed the above work or the Affiant's secretary has performed portions of the aforesaid work under the Affiant's direction. The Affaint saith not further. Date: February 4, 2003 Respectfully submitted, KNAUER & ASSOCIATES, L,$,C, David W. 'r-(r~au~r~ EsqUire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff VS. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURYTRIALDEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURYTRIALDEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 4th day of February, 2003, serve a true and correct copy of the Motion for Special Order Directing the Method Of Service, Motion to Compel, and Motion for Sanctions by United States mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs ID No. 21582 411-A East Main Street Mechanicsbur9, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED SUPPLEMENTAL AFFIDAVIT AS TO DEFENDANT BETH ANN WHITE BRENT D. ALFORD Since Judge Guido's aforesaid Order of November 25, 2002, the Plaintiff has taken the following actions to attempt to serve the Defendants since the Affidavit was originally filed: a.) prepared and served interrogatories and requests for production of documents; b.) scheduled and held a deposition; c.) checked telephone books in metropolitan Harrisburg; d.) called voter registration offices in Dauphin County and Cumberland County; e.) called two North Carolina post offices for current addresses and/or forwarding addresses; f.) contacted the Pennsylvania Department of Transportation, Bureau of Motor Vehicles to determine if the Defendants had any vehicle registration or drivers' licenses; g.) checked the following internet addresses: 1. _www.anywho .com; 2. _.www.vellowpages.com; 3..www. whitepages.com; 4. www. classmates.com; h.) obtained an address for a Beth Ann White in Lawrence County, Pennsylvania and had deputized service on her by the Sheriff of Lawrence County but determined that the Beth Ann White in Lawrence County was not the Defendant of the same name in this action; i.) obtained an address for a Brent Alford in Dauphin County, Pennsylvania and had deputized service on him by the Sheriff but determined that the Brent ^lford in Dauphin County was not the Defendant of the same name in this action; j.) learned that defense counsel has the addresses of both Defendants but refuses to divulge those addresses; k.) filed a motion to compel on the Defendants to provide answers to the Plaintiff's interrogatories and requests for production of documents; I.) filed a motion for sanctions. The Affiant has either personally performed the above work or the Affiant's secretary has performed portions of the aforesaid work under the Affiant's direction. The Affaint saith not further. Date: February 4, 2003 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. T(r~au~r: Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 32. As retired military, the military clinic at the Army War College has provided most of the treatment the Plaintiff has received. However, she believes that she provided the no-fault insurance company to some health care providers. Further, the Plaintiff has Medicare A and B. Date: January 23, 2003 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W Knauer~ E'~qulre Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT Of COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 23rd day of January, 2003, serve a true and correct copy of the Plaintiff's Answers to Defendant's Interrogatories by United States mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs ID No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 7. therefore the income tax records are not discoverable. a claim for lost wages, she will supplement this reply. 5. The Plaintiff has not yet determined whom she will call as experts and she will supplement this reply after she makes said determination and receives the expert reports. See attached. At this time, the Plaintiff is not making a claim for lost wages and If the Plaintiff does make 8. The Plaintiff has no other documents responsive to this request. 9. At this time, the Plaintiff has not determined what exhibits she will offer at trial and will supplement this reply after she makes said determination. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. Date: February 4, 2003 I~avid W-Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 23rd day of January, 2003, serve a true and correct copy of the Plaintiff's Answers to Defendant's Interrogatories by United States mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 David W. Knauer',-Esquire Attorney for Plaintiffs ID No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS JURY 'TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED 6. 7. 8. PLAINTIFF'S ANSWERS TO DEFENDANTS INTERROGATORIES Audrey Ann Sweeney Audrey Ann Shane (maiden name). 111 South Chestnut Street, Mechanicsburg, PA '17055 is present address 1146 W. Trindle Street, Mechanicsburg, PA 17055 lived there for 4 years 813 ~ Fairfield Street, Mechanicsburg, PA 17055 lived there for 5 years DOB: 1-9-38 Allegheny General Hospital Naturna Heights, Pennsylvania SSN: 191-30-1228 She was married to Donald Ross Sweeney, he passed away in 1997 No Tarentum High School Seredas College in Southern California, classes to become a realtor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND C O U.,~ No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY Brent D. AIford Defendant No. 2814-02 civil JURY TIRIAL DEMANDED o PLAINTIFF'S ANSWERS TO DEFENDANTS INTERROGATORIES Audrey Ann Sweeney Audrey Ann Shane (maiden name). 111 South Chestnut Street, Mechanicsburg, PA 17055 is present address 1146 W. Trindle Street, Mechanicsburg, PA 17055 lived there for 4 years 813 % Fairfield Street, Mechanicsburg, PA 17055 lived there for 5 years DOB: 1-9-38 Allegheny General Hospital Naturna Heights, Pennsylvania SSN: 191-30-1228 She was married to Donald Ross Sweeney, he passed away in 1997 No o Tarentum High School Seredas College in Southern California, classes to become a realtor (approximately eight months) No 10. 11. Giant, 255 Cumberland Parkway, Mechanicsburg, PA She is a bagger and service associate, she has worked there for apProximately one year. $6.75 and hour, she works 4 to 8 hours a week. Her supervisor is Dina Bryan No 12. No 13. 14. As a result of the accident she had a displaced shoulder, severe chronic headaches, temporomandibular joint dysfunction (TM J) jaw pain, a concussion and Iow back injury and pain. She has difficulty turning her head. Carlisle Hospital --emergency room visit post accident Carlisle, Pennsylvania Dr. Willard Willis and Dr. Rhe (phonetic spelling) and Mr. Jacquway (phonetic spelling). Mr. Jacquway is a physicians assistant. Dunham Health Clinic ' Army War College Carlisle, Pennsylvania Dr. John Kauffman 222 Market Street Mechanicsburg, Pennsylvania Dr. Robert J. Beaudry, Jr. 3600 Old Gettysburg Road Camp Hill, Pennsylvania Dillsburg Ambulance Mr. Frank DiPrima 920 Century Drive Mechanicsburg, PA 17055 Dr. Todd Harvey 1875 Century Blvd. Camp Hill, PA. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. e.) Concussion and strains/sprains; f.) The Plaintiff does not recall the names of the health care providers; g.) the law enforcement organization responsiSle for Norwalk, California. The Plaintiff is unsure whether it was a local police department or the sheriff's office of the county where the accident occurred. Singing, acting, dancing, sewing, walking, gardening For the Defendant's vehicle, see police report or Defendants' insurer'S records. The Plaintiff was a passenger in the vehicle of Ms. Lois Drake whose address is Apartment J 114, Pheasant Run, Carlisle, Pennsylvania. The Plaintiff was a passenger in Ms. Drake's vehicle. The Drake automobile was stopped behind a tractor-trailer. The Defendant ran his vehicle into the rear of the Drake automobile. Refer to the police report. In addition to the investigating officer, the Plaintiff, the Defendant and Ms. Drake, a woman at a gas station called in the collision. The Plaintiff does not know her name of address. See, answer to Interrogatory 25. The Plaintiff has not retained an expert as to liability, however, as to potential experts, the Plaintiff objects on the basis that discovery of potential experts is not required under the Pennsylvania Rules of Civil Procedure. See, police report. The Plaintiff also assumes that her health care providers have included in her history of injuries or for treatment purposes her account of the accident, the injuries she suffered and her prognosis. Also, the Plaintiff assumes that the Defendant's insurance company has taken a recorded statement from the Defendant and possibly Ms. Drakei See, police report. The Plaintiff assumes that the Defendant's insurer has also conducted an investigation. At the time of the accident, the Plaintiff was wearing her glasses. No, the Plaintiff was a passenger in the Drake vehicle. The Plaintiff intends to call Mr. Frank J. DiPrima, M.S. but as to further experts she has not yet determined who she will call. After the Plaintiff makes that determination, she will supplement this answer. 32. As retired military, the military clinic at the Army War College has provided most of the treatment the Plaintiff has received. However, she believes that she provided the no-fault insurance company to some health care providers. Further, the Plaintiff has Medicare A and B. Date: January 23, 2003 Respectfully submitted, KNAUER & .ASSOCIATES, L.S.C. D~wd W Knad'er, Esquire Attomey for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 VER'IF1CATION Subject to the penalties of 1 8 Pa. C.S.A. 4904 relating to unsworn falsification ,--u:hor~,~s, v,,e hereby certify that the facts in the .foregoing pleading ~-re true and correct to ,h~ best of our informstion ~nd belief. IN THE COURT OF COMMON PLFAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBJERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBFRLAND COUNTY No. 2814-02 civil JURY 'I'RIAL DEMANDED CERTIFICATE OF SERVICE! I, David W. Knauer, hereby certify that I did this .23rd day of January, 2003, serve a true and correct copy of the Plaintiff's Answers to Defendant's Interrogatories by United States mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 D'~vid V[i.-Knau(~r,' Esquire Attorney for Plaintiffs ID No. 21582 411-A East Main Street Mechaniicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. COURT Of COMMON PLEAS CUMBERLAND COUNTY Brent D. Alford No. 2.814-02 civil Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLIES TO THE DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF- FIRST .REQUEST 1. See attached. 2. The Plaintiff does not have any statements that are discoverable under Pa.R.C.P. No. 4003.4 and, see police report. 3. See police report. The Plaintiff does not have any photographs or diagrams except for the police report. 4. The Plaintiff will testify and her son and/or daughter may be called as fact witnesses. The Plaintiff has contacted no other fact witnesses but will supplement this reply as and when she determines whom she will call as fact witnesses. 5. The Plaintiff has not yet determined whom she will call as experts and she will supplement this reply after she makes said determination and receives the expert reports. 6. See a~ached. 7. At this time, the Plaintiff is not making a claim for lost wages and therefore the income tax records are not discoverable. If the Plaintiff does make a claim for lost wages, she will supplement this replY. 8. The Plaintiff has no other documents responsive to this request. 9. At this time, the Plaintiff has not determined what exhibits she will offer at trial and will supplement this reply after she makes said determination. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. Date: January 23, 2003 Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 V E RI'FI CAT! O N Subject to the penalties of 1 8 Pa. C.S.A. 4904 relating to unsworn falsific.~tion to .,u:hor~,~.s, ,,,= hereby certify that the f~cts in the ~ore!.~oing pleading are true and correct lo the best of our ir, formation and belief. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS;YLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this. 23rd day of January, 2003, serve a true and correct copy of the Plaintiff's Replies top the Defendants' Request for Production of Documents Directed to Plaintiff-First Requests states mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 [~id-W. I;(nau~r, Esquire Attorney for Plaintiffs ID No. 21582 411-A Fast Main Street Mechanicsburg, PA 17055 (717) 795-7790 ~ i'~;I :~'!i ; ~w~, COMMONWEALTHOFPENNSYLVANiA ~ ~" ' ~ i' ~ ....... I~l POLICE ACCIDENT REPORT I L;v~.: ..... :,' .. ,. REPORTABLE ~ NON-REPCRT I~F---1 ~.~! · P El · s ~L~ ~ . ,, , , A ,ION ~JENT ......... : ~:" :: ACCIDENT: ::LO~ J 2./.~ENCY ..... ~ ~ '~ ~ ' ' ~ r j. 8TATD~ ~ '"-~: "~: ..r..., ~ (, ~-.'.,~ ;", n~ ' ~' ~~ J ~~:, / PRINCIPAL RO~ NUMBER (', C~ -- ~~ .~_. , .... --~ ..~. ,, STREET NAME ,.,.,'{ .::~,~:~.b:,~!~;,}~.,.,i'..:) :,:' .-./. BADGE "-- ~ ~ ';'~* ~ :~':" '~ NUMBER '~ :" ,..--~, ""- .... INTERSECTIi~ITM ROAD: 9. ACCIDENT DATE ,~~, DAY ,J ~'" 13. # KILLED OF UNITS ACCIDENT ' ¥ L_J STREET NAME _. LIM~ E IF NOT A T INTERSECT/ON: 30. CROSS STREET OR SEGMENT MARKED,.C:'r . ,r:-- i ~', ~.,,,! ..... 16. DID VEHICLE HAVE TO BE 17. VEHICLE DAMAGE 31. DIRECTION REMOVED FROMTHE SCENE? 0- NONE UNIT 1 ~ FROM SITE N UNE 1 UNIT 2 I - LIGHT ~,, - ~ FROM SITE FT. ~' ~'.- I ~/F' M_ · ~ ..... ~. ~ PARKED ? ~ ~ [ P~TE ~, ~, ( ....... . ,.,.:. ~-,- 38. S.~ATE OUT-OF-STATE VIN ~ i*-'"~ '~/ j,~ '~ ~-,~ J~ ADDRESS "~:~C; BODY TYPE) NAME ', ,, BIRTH /' .: Y ~ N CLASS [] N E~ UNK & ZIPCODE BODy TYPE ~ UNK[]] POINT NUMBER NAME ADDRESS & ZIPCODE YIn} N E3 BIRTH CLASS :. ADDRESS & ZIPCODE ADDRESS & ZIPCODE CONFIG. AXLES AA-45 (7/98) )DYTYPE Y [] N AXLES 3358866 PAGE: MATERIALS Y [] N ~ UNK[]] t ~ DE~RI~IO~ OF D~AGED ~QPER~ J ~ , ISSUancE , ~MPAN~ ~ .... .... __ ~ ~ ~NLY IF~H ~EDJ TC NTC , , 0 ~ ~FUSE CO~PL~E ? _ . EXPI~kNATION OF BENEFITS SLrBMITTED TO G. E. I. C.O. INSURANCE Provider:232152651-01 DAILEY EYE ASSOCIATES, INC. 1857 CENTER STREET CAMP HILL, PA 17011 Payee:232152651-01 DAILE¥ EYE ASSOCIATES, INC. 1857 CENTER STREET CA~IP HILL, PA 17011 Bill ID::2001090709130929DH1 00 Claim:016120652-021 SSN:191301228 Claimant:AUDREY SWEENEY Injured:01-17-2001 Insured:PA PENNSYLVANIA 1 Adjustor-ID: ICD9:368.12 TRANSIENT VISUAL LOSS ICD9:367.9 UNSPECIFIED REFRACTION DISORDER NOS Date Service Mods Charge Reduction Allowance Reasons 02-02-01 99243 = CONSULTATION 110.00 .00 110.00 02-02-01 92015 OPHTHALMOLOGY 20.00 4.00 16.00 B6 02-21-01 99212 SUBSEQUENT VISIT 40.00 5.71 34.29 B5 02-21-01 92083 VISUAL FIELD EXAM 90.00 29.62 6~ 38 B5 PA MARKUP · ..... 00 -20.47 20.47 Totals ** Reduction Explanations: 260.00 18.86 241.14 RC B5 The charge exceeds the Part B scheduled allowance. RC B6 80 percent of the billed amount has been paid. THE ABOVE EXPLANATION OF BENEFIT REFLECTS OUR INITIAL REVIEW OF THE PROVIDERS CHARGES AS SUBMITTED. IF ~RTHER CONSIDERATION IS REQUESTED, THE PROVIDER SHOULD SE~D US ADDITIONAL INFORMATION TO RE-EVALUATE OUR DETERMINATION. CORRESPONDENCE SHOULD BE SENT TO: GEICO DIRECT ONE GEICO BLVD, FREDERICKSBURG, VA 22412 ~ / PHONE: 1800-841-1003 EXT:_~f ADJ CODE: .. ~~/ PAYMENT SENT TO: PATIENT ATTORNEY /PPOVIDER EXPLANATION OF BENEFITS SUBMITTED TO G.E.I.C.O. INSURANCE Provider:232411259-01 CENTR/~L PA M~I CENTER 4665 TRINDLE ROAD MECHANICSBURG, PA 17055 Payee:232411259-01 CENTRAL PA MRI CENTER PO BOX 8500-8495 PHILADELPHIA, PA 19178 Page Bill ID:2001090709081988DH1 00 Claim:016120652-021 SSN:191301228 Claimant:AUDREy SW-EENEY Injured:01-17-2001 Insured:PA PENNSYLVANIA Adjustor-ID ICD9:524.62 ARTHRALGIA TEMPOROMANDIBULAR JOINT Date Service Mods Charge Reduction Allowance Reasons PA MARKUP ' · · -- .00 -48.99 48.99 Totals 875.00 336.13 53i8.87 · * Reduction Explanations: RC B5 The charge exceeds the Part B scheduled allowance. THE ABOVE EXPLANATION OF BENEFIT REFLECTS OUR INITIAL REVIEW OF THE PROVIDERS CHARGES AS SUBMITTED. IF FURTHER CONSIDERATION IS REQUESTED, THE PROVIDER SHOULD SEE~ US ADDITIONAL INFORMATION TO RE-EVALUATE OUR DETERMINATION. CORRESPONDENCE SHOULD BE SENT TO: GEICO DIRECT ONE GEICO BLVD, FREDERICKSBURG, VA 22412 PHONE: 1800-841-1003 EXT: ~ ( ADJ CODE: PAYMENT SENT TO: PATIENT ____ATTORNEY / PROVIDER EXPLANATION OF BENEFITS SUBMITTED TO G.E.I.C.O. INSURANCE Pr°rider:231573445-03 DILLSBURGAMBULA/~CE CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 17013 Paye~:231573445-01 DILLSBURG AMBULANCE PO BOX 100 CARLISLE, PA 17013 Page Bill ID:2001090709055093DH1 00 Claim:016120652-021 SSN:191301228 Claimant:AUDREY SWEENEY Injured:01-17-2001 Insured:PA PENNSYLVANIA Adjustor-ID: ICDg:E819 MOTOR VEHICLE TRAFFIC ACCIDENT NOS Date Service Mods Charge Reduction AlloWance Reasons 01-17-01 A0429 LIFE SUPPORT 300.00 2 17 297 83 CW B5 Reviewed As A0362 · . 01-17-01 A0382 AMB~CE SERVICE 40.00 8.00 32 00 B6 01-17-01 A0380 AMBULANCE SERVICE 84 00 ' PA MARKUP · .00 814.00 .00 -10.17 10.17 Totals ** Reduction Explanations: 424.00 RC B5 The charge exceeds the Part B scheduled allowance. RC B6 80 percent of the billed amount'has been paid. RC CW The provider billed for a service which is not listed in the fee schedule or a service deleted from the CPT. Payment is comparable to similar services listed in the fee schedule or the CPT. ×PU ATION BENEFIT REFLECTS OUR INITI ADDITIONAL INFO~, ........... OULD SEND US ~'~-~-~u~ TO RE-EVALUATE 0 CORRESPONDENCE SHOULD BE SENT TO: UR DETERMINATION. GEICO DIRECT NE GEICO BLVD, FREDERICKSBURG, VA 22412 HONE: 1800-841-1003 EXT:--~~_~'~-~'ADJ CODE: PAYMENT SENT TO: _. PATIENT _____ATTORNE~ PROVIDER .00 424.00 BEAUDRY ORAL SURGERY 3600 OLD GETTYSBURG ROAD CAMP HILL PA 17011 ADDRESS SERVICE REQUESTED FOR BILLING INQUIRIES, PHONE: 717-763-0499 MASTERCARD i IF PAYING BY IVlASTERCARD DISCOVER VISA OR AMERICAN EXPRESS, FILL OUT BELOW, CHECK CARD USING FOR PAYMENT VIS& - AMERICAN EXPRESS STATEMENT DATE PAY THIS AMOUNT t ACCT, # 06/29/01 $ 9 o. 00 8938 I SHOW AMOUNT PAGE NO. z PAID HERE $ h"llh,,llh,,,hh,hhlh,,h,hh,,I.,hlh,.h,l.l,lh,I h"llh,,llh,,,,,ll,,,ll,lh,l,.I,II,,,,h,lll.,,Ih,.,,hll AUDREY A SWEENEY PO BOX #2372 BEAUDRY ORAL SURGERY MECHANICSBURG, PA 17055 3600 OLr) GETTYSBURG ROAD CAMP HILL, PA 17011 [~ Please checl box i~ above address is Jlqcol'rec1 or Jnsul-at~ce information has cha'~ged, and Jndicale cl ~aRge(s) on reverse side. 03409899 B489 P-EASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT PATIENT I.D.: 8938 DATE PATIENT: SWEENEY, AUDREYA CURRENT/ 31-60 DAYS1 61 °-oo/ 0.0o[ PREVIOUS BALANCE ENDING BALANCE 90.00 AMOUNT 90.00 REMIT/ACCT BE ST COLLECTION/ADD COLL FEE PT RESPONSIBILITY! PATIENT PORTION DUE BY: 07/19/01 PLEASE PAY THIS AMOUNT BEAUDRY ORAL SURGERY 3600 OLD GETTYSBURG ROAD CAMP HILL, PA 17011 ADDRESS SERVICE REQUESTED FOR BILLING INQUIRIES, PHONE: 717-763-0499 i CHECK CARD USING FOR PAYMENT V,SA ~ [] AMERICAN EXPRES STATEMENT DATE 11/01/01 PAY THIS AMOUNT $930.00 ~^M~ ACCT. # 8938 SHOW AMOUNT PAGE NO. 1 PAID HERE I'"111,,,111,,,,I,1,,I,1,,11,,,1,1,,I,,I,I1,,,,,11,,,111,1,,i h"llh,,llh,,,,,Ih,,Ihlh,h,hlh,,,h,llh,,Ih,,,,hll AUDREY A SWEENEY 111 S. CHESTNUT STREET BEAUDRY ORAL SURGERY MECHANICSBURG, PA 17055 3600 OLD GETTYSBURG ROAD CAMP HILL, PA 17011 Please check box if above address is incorrecl or insurance inforrnation has changed, and indicate change(s) of-, reverse side. 03820391 I]489 PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT PATIENT I.D.: 8938 DATE CURRENT/ 3~'-60 0.00J PATIENT: SWEENEY, AUDREY A NAME AUDREY DESCRIPTION NO ACTIVITY PREVIOUS BALANCE ENDING BALANCE 930.00 AMOUNT 930.00I REMIT/ACCT BE ST COLLECTION/ADD COLL FEE PT RESPONSIBILITYJ INSURANCE LAST BILLED ON SEP 26 2001 PATIENT PORTION DUE BY: 11/21/01 THIS AMOUNT: EXPLANATION OF BENEFITS SUBMITTED TO G.E. I. C .O. INSURANCE Provider:251782152 BEAUTY ORAL SURGERY 3600 OLD GETTYSBURG ROAD CA/~P HILL, PA 17011 Bill ID:2001112709265895DRE 00 Claim:016120652-021 SSN:191301228 claimant:AUDREY SWEENEY Injured:01-17-2001 Payee:251782152 BEAUTY ORAL SURGERY 3600 OLD GETTYSBURG ROAD CA/~P HILL, PA 17011 Insured:PA pENNSYLVANIA Adjustor-ID: ICD9:959.0 ICD9:52A.6 INJURY FACE AND NECK NOS TEMPOROMANDIBULAR JOINT DISORDERS Date Service , .......... ===_- 04-27-01 99203 INITIAL VISIT 90.00 2 63 06-11-01 76100 06-11-01 76100 06-11-01 70140 06-11-01 70140 06-11-01 70355 06-11-01 99215 11-19-01 99213 BODY SECTION EXAM BODY SECTION EXAM XRAY FACIAL BONES XRAY FACIAL BONES ORTHOPANTOGRAM SUBSEQUENT VISIT SUBSEQUENT VISIT PA MARKUP Totals Reduction Allowance Reasons 225.00 225.00 90.00 9(3.00 90.00 120.00 60 . 00 .00 147 97 147 97 56 83 56 83 57 87 7 73 11 78 -50 04 439.57 87.37 B5 '77 03 BS. 77 03 B5 33 17 B5 33 17 B5 32 13 B5 112 27 B5 48 22 B5 50 04 990,00 550.43 ** Reduction Explanations: RC B5 The charge exceeds the Part B scheduled allowance. THE ABOVE EXPLANATION OF BENEFIT REFLECTS OUR INITIAL REVIEW OF THE PROVIDERS CHARGES AS SUBMITTED. IF FURTHER CONSIDERATION IS REQUESTED, THE PROVIDER SHOULD SEND US ADDITIONA~ INFORMATION TO RE-EVALUATE OUR DETErmINATION. CORRESPONDENCE SHOULD BE SENT TO: GEICO DIRECT ~~J ONE GEICO BLVD, FREDERICKSBUR~,..~A~22412 P.oNE: 18oo-841-1oo3 EXT: COD : _ p~YMENT SENT TO: .PATIENT ATTORNEY ../~ROVIDER EXPLANATION OF BENEFITS SUBMITTED TO G.E.I.C.O. I~;SURANCE '":~,'ii~, Provider: 251782152 BEAUTY ORAL SURGERY 3600 OLD GETTYSBURG ROAD CAMp HILL, PA 17011 Payee:251782152 BEAUTY ORAL SURGERY 3600 OLD GETTYSBURG ROAD CAMP HILL, PA 17011 Page Bill ID:2001112709265895DRE 00 Claim:016120652-021 SSN:191301228 Claimant:AUDREY SWEENEY Injured:01-17-2001 Insured:PA PENNSYLVANIA Adjustor-ID: ICD9:959.0 INJURy FACE AND NECK NOS ICD9: 524. 6 TEMPOROMANDIBULAR JOINT DISORDERS Date Service Mods Charge Reduction Allowance Reasons 04-27-01 99203 INITIAL VISIT .......... =:================ ============ 90.00 2.63 87.37 B5 06-11-01 76100 BODY SECTION EXAM 225.00 147 97 77.03 B5 06-11-01 76100 06-11-01 70140 06-11-01 70140 06-11-01 70355 06-11-01 99215 11-19-01 99213 BODY SECTION EXAM XRAY FACIAL BONES XRAY FACIAL BONES ORTHOPANTOGRAM SUBSEQUENT VISIT SUBSEQUENT VISIT PA MARKUP 225.00 90.00 90.00 90.00 120.00 60.00 .00 Totals ...... 990.00 ** Reduction Explanations: 147 56 56 57 7 11 -50 97 77.03 B5 83 33.17 B5 83 33.17 B5 87 32.13 B5 73 112.27 B5 78 48.22 B5 04 50.04 439.57 550,43 RC B5 The charge exceeds the Part B scheduled allowance. ~v~.:~ cHARGES AS SUBMITTED. IF FURTHER ~~N~IL~QUESTED, THE PROVIDER S~OULD SEND US ION TO RE-EVALUATE OUR DETERMI CORRESPONDENCE SHOULD BE SENT TO: NATION. ~EICO DIRECT EXPLANATION OF BENEFITS SUBMITTED TO G. E. I. C.O. INSURANCE ' ' Provider:161485114_01 Bill ID:2001102616294971RMS 00 DIPRIMA, FRANK J. 920 CENTURY DRIVE MECHANICSBURG, PA 17055 Payee:161485114-01 DIPRIMA, FRANK J. 12 MONTADALE DRIVE DILLSBURG, Pa 17019 Claim:016120652-021 ESN:lg1301228 Claimant:AUDREy SWEENEY Injured:01-17-2001 Insured:PA PENNSYLVANIA Adjustor-ID: ICD9: 307.89 OTHER PSYCHOGENIC PAIN NEC Date Service Mods Charge Reduction Allo::nce Reasons 06-13-01 90808 PSYCHOTHERApy ...... '-~.uU 28.41 146.59 B5 07-03-01 90808 PSYCHOTHERAPY 07-17-01 90808 PSYCHOTHERApy PA MARKUP Totals 175.00. 28.41 146.59 B5 175.00 28.41 146.59 B5 .00 -43.98 43.98 525.00 41.25 483.75 ** Reduction Explanations: RC B5 The charge exceeds the Part B scheduled allo~ance. THE ABOVE EXPLANATION OF BENEFIT REFLECTS OUR INITIAL REVIEW OF THE PROVIDERS CHARGES AS SUBMITTED. IF FI/RTHER CONSIDERATION IS REQUESTED, THE PROVIDER SHOULD SENI) US ADDITIONAL INFORMATION TO RE-EVALUATE OUR DETERMINAg?ION. CORRESPONDENCE SHOULD BE SENT TO: GEICO DIRECT PAYMENT SENT TO: PATIENT ____ATTORNEY ~/PROVIDER EXPLANATION OF BENEFITS SUBMITTED TO G.E.I.C.O. INSURANCE Provider: 232350559 KAUFFMAN, JOHN S DDS 222 SOUTH MARKET STREET blECHANISBURG, PA 17055 Payee:232350559 KAUFFMAN, JOHN S DDS 222 SOUTH MARKET STREET MECHANISBURG, PA 17055 Bill ID:2002022212114257DRE 00 Claim:016120652-021 SSN:191301228 Claimant:AUDREy SWEENEY Injured:01-17-2001 Insured:PA PENNSYLVANIA Adj us tot- ID: ICD9:000.00 UNDEFINED ========================== ....... M~ds Charge Reduction Allo~==ance Reason 10-18-01 D5110 COMPLETE DENTURES ....... ===================== ========== 700.00 140.00 560.00 B6 10-18-01 D5212 PARTIAL DENTURES 700.00 140.00 560.00 B6 Totals .............. 1400.00 280.00 1120.00 ** Reduction Explanations: RC B6 80 percent of the billed amount has been paid. THE ABOVE EXPLANATION OF BENEFIT REFLECTS OUR INITIAL REVIEW OF THE PROVIDERS CHARGES AS SUBMITTED. IF FURTHER CONSIDERATION IS REQUESTED, THE PROVIDER SHOULD SE~D US ADDITIONAL INFORMATION TO RE-EVALUATE OUR DETERMINATION. CORRESPONDENCE SHOULD BE SENT TO: GEICO DIRECT O~E GEICO BLVD, FREDERICKSBU~,~ V~ 22412 ~/ P~ONE: 1800-~41-100~ ~-×T:_ ~(~ ~ ~J COD~.: __ der - 232350559 Bill iD: 20020222121.14257D~ 00 F~UF~ JOHN S DDS Claim: 016120652 -021 222 SOUTH ~T ST~ET SSNti9!301228 ~CH~ISB~G, PA t7055 Claiman%:A~y S~ENEY I~jured: 01-!7-200~ Payeez232350559 KAUF~A/q, JOHN S DDS 222 SOUTH MA_~ALET STREET ~iECHANISBURG, PA 1.7055 Insured:PA PEAFNSYLVA~IA AdjusTor- ID,: ICD9~ 000. O0 UNDEFINED Date Service Mods Charge Reduction Allowance Reason i0-18-01 D5110 10-18-01 D5212 Totals COMPLETE DENTURES PARTIAL DENTURES ** Reduction Explanations: 700.6,0 140.00 560.00 B6 700.00 140.00 560.00 B6 1400~00 280~00 1120.00 RC B6 80 percent of the billed amount has been paid. THE A~OVE EXPLANATION OF BENEFIT REFLECTS OUR INITIAL REVIEW OF THE PROVIDERS CHARGES AS SUBMITTED. IF FURTHER CONSIDERATION IS REQUESTED, THE PROVIDER SHOULD SEI~D US ADDITIONAL INFORMATION TO RE--EVALUATE OUR DETERMINATION~ CORP~ESPONDENCE SHOULD BE SENT GEICO DIRECT ONE GEICO BLVD, FREDERiCKSBLr~G/~ VA 22412 PHONE~ t800-841-1003 EXT: '~": :'~ AE~J' CODE: 01/18/2082 JOHN S. K'AUFFHAN DDS INSURANCI:: ~ ~NCE PAGE 0i E×Pm~A~ON OF BENEFITS SUBMIttED TO G.E.I.C.O. I~rSU~CE Provider' 161485114_01 t¢OB 1 Bill ID:2001102616294971RMS 00 DIPRIMA, FRANK j. 920 CENTURy DRIVE MECHANICSBLrRG, PA 17055 Payee:161485114-01 DIPRIMA, FRANK j. 12 MONTADALE DRIVE DILLSBURG, PA 17019 Claim:016120652-021 SSN:191301228 Claimant:AUDREY SWEENEY Injured:01-17-2001 Insured:PA ]PENNSYLVANIA Adjustor-iD: ICD9:307.89 OTHER PSYCHOGENIC PAIN NEC Date Service Mods Charge Reduction Allowance Reasons 07-03-01 90808 PSYCHOTHERAPy 175.00 28.41 14~.59 B5 07-17-01 90808 PSYCHOTHERApy 175.00 28.41 146.59 B5 PA MARKUP 175.00 28.41 146.59 B5 ....... --_ .00 -43.98 43.98 Totals ......... 525.00 41.25 483'.75 ** Reduction Explanations: RC B5 The charge exceeds the Part B scheduled allowance. THE ABOVE EXPLANATION OF BENEFIT REFLECTS OUR INITI~ REVIEW OF THE PROVIDERS CHARGES AS SUBMITTED. IF FURTHER CONSIDERATION IS REQUESTED, THE PROVIDER SHOULD SEND US ADDITIONAL INFORMATION TO RE-EVALUATE OUR DETERMINATION. CORRESPONDENCE SHOULD BE SENT TO: GEICO DIRECT ~HO~: 1800-841-1003 E×~: 7~,~LC9 AD~ CODE: /m( ~ -- PAYMENT SENT TO: _ PATIENT ATTORNEy )VIDER TRICARE MCS PEG]ON 1 P. O. BOX 70]2 CAMDEN, SC 29020-7012 I TRICARE EXPLANATION OF BENEFITS This is a statemel~t of the action taken on your TRICARE claim. K,~p this uotice for yo.r records. SIERRA MILITARY HEALTH SERVICES, INC.s. Dale of Nolice: Sponsor SSN: Sponsor Name: Beneficiary Name: March 01, 2001 162-26-0664 DONALD SWEENEY AUDREY A SWEENEY h,,llh,,ilh,,Jhh,hhlh,,h,hh,,h,lhh,,h,lh,h,II AUDREY SWEENEY P 0 BOX 2573 MECHANICSBURG PA 17055-0873 Benefits were payable lo: CITIZENS ItOSE CO NO 1 OF DILLS PO BOX 100 CARLISLE PA 17013 Claim Number: 105006793-00-00 Ser~'ices Provided By/ Sen'ices Amount Dale of Services ' Provided Billed TRICARE See Al)l} roved Rem arks CITIZENS ItOSE CO NO 1 OF DILLS 01/17,2001 1 Bls-e)nergency (A0429) 01/17/2001 12 Basic life suppo~l mileage (A0380) 01/17/2001 1 Basic suppod, routine suppls (A0382) Tolals: 300.00 195.00 1, 2, 3, 4, 5 84.(}0 36.(1(} l, 2, 3, 4, 5 40.00 4(I.00 2, 3, 4, 5 424.00 271.00 (7lain} Benefi! Period S II III H1 al'~., Beneficiary Liability Summary Slllll Ilia 13.' Amount Billed: 424.00 TRICARE Approved: 271.00 Non-covered: 153.00 Paid by Beneficiary: 0.00 Other Insurance: 0.00 Paid lo Provider: 251.00 Paid to BeneficiaD,: 0.00 Check Number: Deductible: 0.00 Copayment: 20.00 Cost Share: 0.00 Fiscal Year Beginning: October 01, 2000 Individual Family Deductible: 0.00 0.00 Catastrophic Cap: 0.00 Enrollment Year Beginning: July 01, 2000 Individual Family POS Deductible: 32.79 32.79 Prime Cap: 365.00 1 - CHARGES ARE MORE THAN ALLOWABLE AMOUNT. 2 - ,1;365.00 HAS BEEN APPLIED TOWARD THE CATASTROPHIC CAP OF $3,000.00. 3 - .f;.00 HAS BEEN APPLIED TOWARD THE CATASTROPHIC CAP OF ,1;1;7,500.00. 1-800-578-1294 TItlS IS NOT A BILL lfyon have qut~li'on.~ regarding this no(ice, please call or write us al the telephone number/addre.qs listed above. T R I C A R E Page I o1' 2 F'.C!. ii;,".x :l. i (ii 1 i"k~5:~, ~'...,ul.~:~d, ,j ,~ P.O. S_'.,¥ 'i CO ..a ,.sle. PA I70],3-0~3n ,:" a y'a b 11. e 'To ):)i 11. :1.-.sb u. ¥' !:;j Arab u ]. a ¥'~c: e 'Z'LE:"/='-E DEi-AC>i q~D ~- ...... THIS POF;TION . .....-.. R='Et. JiT-;~a. HC.E ...................................................................................... "' · ., .I.r.-IL,. , () 1/" 1 .:;"/01 ,::1 :i. 1 A u (:1 'r ,-:-: .:'~ ,'", .,~ ,"' ¢',-.. ' ............................................................................. (} :1 ,.'"'.t ';;'/():1. ,::1 :i :1 ,':'.'~. "l ¥'e ::i () .'.7, 8 C, '", r, IZ8:1.9 .'.i':;00 ,, O0 " . J..,l.....:., I"i:i.].,:...a~.~:., (pr.:,r. H:i.] "" '1 .-"' ';;' .."P '1 cl :i_ ].r.":', 't I"e ,' r" "~' ", ", ':, c. E'8:1.9 .84 ,, 00 · ~-~., o,:,.. :. )..,I...,:, ::~r.' i'. :i. 'ne D :i. si:', ,::H.-'~a b Iii:819 4 r', ,, 0¢; '" ?., i" v :i. ~':: a ]. ~:: ,':):l. J a ¥ ....... PL£AS£... let us know if you have insurance COverage for these services. If not, the balance shown is now due. F:'A Y F:',.C),, E~c:)x :LO0 Paiient ,.a, cc:ounfinq S.~r,.,~,-~, Inc. 10! ,,,~i .~_ '-- .,~.. ~uDl~ Bouievard ~ P.C). B_,~ 100 C~u'iisle, PA ~ 70-i 3-0~ 00 l ACC.(:II..IId. T I (~lffCI .IN'I" ))l..lli.'.' l CI...O~SI!i' I ,S"1-:1.000---49 I 170 ,, OC, I ():~/~;?./()]. I 0.1. C,h.~ (-:c.~.~'.: :i. ::~ ~"~..~'? (:la :1. :1. '? :1.7 ... 24 9 -~ 7:32:.'~ F:'a Xa I:) :l c-': '1"o D :i. :1. :1. ~..-'~1:) u.r.g ,:.re'd:) u :1. a 'nc: F'LEASE E'ETACFi A!~[; .':r=:~ :,, ..... ;~ THiS ~,r:~'r ~-~ ..... .......... ,, Vv'li-H '~ ~L.,~- ~::EI;!T] z!..,C:E 0:1. / :1. 7/0:1. Icl :i. :1. I ():'.',/()El,/() :1. I O=~/Otit/O 1. I I I I I I I I I I I I I I I (:-'~u clr ~-.'.: I I I I I I I I I I I I I I I I I I I I I Patient Accounting Services, inc. 101 Noble Boulevard · P.O. Bo)(, 100 Carlisle, PA 17013-0100 I::'A 170 1 :i:; I- ,.~>,a'll:~].e '1"o l'>:i. 1].sl:)u.r[[:j ,', · · . · .il.il ) ij..I, a i"u:" PLEASE DETAOH AND RETURN THIS PORTION WITH YOUR REMITTANOE. CARLISLE HOSPITAL 2q6 PARKER STREET CARLISLE PA 17015 UUZ~Zg~ Return Service Requested I PATIENT NAME ~ AUDREY A SWEENEY ~ PATIENT ,~UM BER I DISCHARGE I Ct~ ~TE J EX~. DA~ CURRE~ BALANCE PLEAS PAY ~, 129. 00 BILLING C~ HOLI)ER SIGNA~RE ~ . gU AMOUN~ PAID HERE CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 170130310 I,,,111,,,111,,,,,,11,,11,,,11,,11,,,,,111,,I,,I,,I,I1,,11,,,i 282;57;~0 :3 65 1 0 5 27 CK PLEASE CHECK HERE AND SHOW NAME/ADDRESS CORRECTION ON REVERSE SIDE AUDREY A SWEENEY PO BO),' 2372 1146 WI--ST TRINDLE RD MECHANICSBURG PA 17055 h,,lll,,,lllh.,hh,hh,h,hhh,,,Ih,lh,h,h DETACH HERE TO ASSURE PROPER CREDIT PLEASE WRITE YOUR PATIENT NUMBER ON YOUR CHECK AND RETURN UPPER PORTION WITH REMITTANCE 01/17/01 01/17/01 ACETAMINOPHEN TABLET 525M~ CLASS III VISIT EMERGENCY DEPT. ERVICE DAT~ 11710: ~TE /07/0: ': DATE /28/0~ .00 129.00 Thank you for using the services of the Carlisle Hospital. This is a self pay account, and the balance ~s considered your responsibility. If you have ~nsurance coverage please ~11 ~n the ~nformat~on on the REVERSE of th~s b~ll. If you have any questions call 21a-88~ between 7am and qpm. You may reach Patient Financial Svcs DISCHARGE/ at 419 Stonehedge Dr Carlisle Pa. Our SERVICE Ol/17/Ol is 717- ]20. AMOUNT . DO RETAIN THIS PORTION PAYMENTS RECEIVED AFTER BILLING DATE WILL APPEAR ON NEXT STATEMENT PATIE AUDREY A SWE !NEY ACCOUNT ~ PREVIOUS BALANCE NEW CHARGES MMARY .00 1Z9.OO .00 PAYMENT DUE DATE 129.00 1129.00 Beaudry Oral Surgery 3600 Old Gettysburg Road Camp Hill, PA 17011 AUDREY SWEENEY PO BOX #2372 MECHANICSBURG, PA 17055 Statement D, Patienl Due Now $ Amount Enclosed $ Date AUDREY Detach Stub and Return with Payment Keep this portion for your records Patient ID A. SWEENEY 18938 Descript______jion Starting Balance OV - New Pt. Exam 30 Ending Balance STATE OF PENNSYLVANIA CLAIMS GO TO YOUR OWN AUTO INSURANCE PLEASE PLEASE CONTACT THE OFFICE AND PROVIDE YOUR CORRECTED AUTO INSURANCE INFORMATION POSSIBLE SO THE CLAIM CAN BE SENT TO - CALL AS SOO~ PLEASE CALL 717-763-0 _ THE CORRECT INSURANCE T MM 499 BETWEEN NINE IN THE MO~ ......... ' HA ARE FINANCIALLY RESPONSIBLE FOR THIS BILL AT THIS TIME. ~zm~ AND 3 IN THE AFTERNOON. IN THE AS 1 05/04/2001 8938 Amount 0.00 90.00 90.00 90.00 ~__ Current Balance 'L 90.001 Seaudry Ora~ ------_z____ ~ .... ~ I' Less Pending Insurance 0.00 Due Now $ 90.00 For billing inquiries call: 717-763-0499 __ THANK YOU FOR YOUR PROMPT PAYMENT. Patient Accounting Services, Inc. 101 Noble Boulevard ,, P.O. Box 100 Carlisle, PA 17013-0100 '1"{1):: F:'(;) )E.h::ix ;?. j; ? .'.?.; PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE. ................. ' .............. ....~ ....... ...,r:..i.r.l.l.I. ji~ ~ ~(.;.r~,,ir.. ~, ...; 'l:; ........ .................................... . .... ~..,. ~ I..ll'll...ll...ll'...I ! '."~,'[ /* 7" ..","' 'l ,::1 :i. ].~:':'~U.d ¥' ,:-? ';'.l¢'"..:t.".:,,:.'.:, , J::.l'"i,.'.:*:' f',':.l,':.',f'~,'"',.-' i;':ll¥il:)Ll.~J..:.:ll..i,...¢..:, :7 ,:;'~ · I...,..~ 1 ;.. ;.'~ C.',C';, ,, ::';,C O1t./":1.'..';"/"()'1. ,::1 :i. ;I. I:'.'),.t,-:l I':':~, r:':'K) ::!;~3C, I i".",T...'.'3 H:i. l:.':;'a,'.'l:':;' ( P,'.:.:'¥' I"i:i. :1. l:D::l;I. 9' .- · C':1./;I. 7'...."()1!. ,::l:i.:! r:':'~u, df',:.:.:, :':-~,:":,:,:,,';::.'.'., I'"' "' F;.:oJ..Ut::i.r',:.!:, l);i....-...!.l:.~c:,.:.:.;......it:) I!EE:;I."...';' .')'", Of " · .... J:.', I...,'::, ' " ~:~ 4 ,, 0,'..') ,:'t ;'.'; ...',." ~/.;. I ,::(.::'¥"./:i ,:::.:':'~ ;I. ,::: ")'1 ;I..:'..~ f' ' ....... ':".'~ !"; ,"'~""d:i -'" '", '1 I I::' ~[...":i ¥'[ F:'...':i Y'1¥[6:,i"1 t.; ;I :l. C~"'~;~.:: ¢'~"~',: ',".;'". ......... o.:~...,,. .... ::: .:.:.~ ¥. ,:.:.:, 2. '.::'J :i, ,, "'C,'-' ............. I ¢::~¢. I ,.'j :: t4 r' :i. 't: ,..-.~, '.:, 1:' 1"' T 'r' 'i, ,::: ..-'..'~ ¥' (..'.:, '1. t;:.i;5 ,, C,,';) ... ~:I~AL ~ we do ~o~ hee~ ~o~ you dayS, this wilt,In ,1,,0~,, turned over tO OUr I I I I I I I I t:;'¢':iY' 'f'H'"'"' .:il'l. Jl. II'-..'f' } I :ii'(;) ,, 0() .I,,::~ x /...- I ...... I Commercial Acceptance: Compan7 P.O. Box 63'16 Harrisburg, Pennsylvania 17112 (717) 541-4947 · (800) 690-3857 01/19/01 Audrey Sweeney PO Box 2373 Mechanicsburg, PA 17055 Dillsburg Ambulance P.O. Box 100 Carlisle, PA 17013 717-249-7323 Account # 641000-49 Dear Audrey Sweeney: ~ ..... !y - - ....... ~ e..~e~gency transportation services were provided by Dillsburg Ambulance. We do not have your insurance information and ask that you mail the enclosed form to your insurance company or indicate at the bottom the insurance company name, address, policy and group number and return to Dillsburg Ambulances. c/o Patient Accounting Services, Inc., PO Box 100, Carlisle, PA 17013. If you decide to mail the claim to your insurance company please include your identification number in Box lA, the group number in Box 11, the patient's; signature in Box 12 and the insured's signature in Box 13. If you have any questions, please do not hesitate to call. ~ Sincerely, !nsuraDce Company Name: Patient Accounting Services, Inc. Billing Agent for Dillsburg Ambulance Address: Policy #: Group #: MEDICAL PROVIDER LIST/RELEASE FORM CLAIM NUMBER: -'~"~"-~'--~"~ ~',.~-"S~ O/'~ SOCIAL SECURITY #: DATE OF BIRTH: /////? / c,_~ List below the names and aZsses of all persons (Doctors, Dentists, Hospitals, Nurses, Funeral Directors, etc.) who rendered, or who are rendering services in connection with injuries sustained in this accident and the amount.of bills, if known. ~.NA1V[E AND ADDRESS AMOUNT OF BILl, .[d/,~ , / , . -- fo_? /7 . ,: 4., . ~ ~ -:7 b .. .... ' /' · ; Z . '~ ~ e ...... ' ~ ~'-' ~" / 'z.' /.' ~,, 3 ,4/."'4' r-~,. ,. dare any of the expenses claimed herein covered b B ,/~/~ohcy or plan, or any other insurance nolicv? Y,,~, Cross xlr~ other Grou. p plan, Government reverse side of form if,,ou have ~u .... f~_ _ ~' ,.,' ,- ~,-: u~r ye.s,, give details and advise on -, ~,,,~u ~r are ma~ng clmm for ar~y of these expenses.) This is a Medical Authorization Form which I would like you to sign and return in the self addressed envelope. This will speed up the processing of your claim by allowing me to request medical information directly from your doctor. The signing of this form js .nOi a release of your claim so please do not delay returning the form. WITNESSES: All physicians, surgeons, dentists, hospitals, ambulance owners, nurses, or other persons who have treated, attended, or rendered services - or are now treating, attending, or rendering services - in connection with injuries sustained by the claimant named on the reverse side hereof as a result of the described accident are hereby authorized to furnish to the GOVERNMENT EMPLOYEES INSURANGE GOMPANIES, or its representatives, all information and evidence in their possession regarding that person's injuries, medical history and physical condition. (The signature required below is that of the injured claimant, the parents or guardian on behalf of an injured minor, or the representative of a deceased claimant's estate.) , / Subscribed and sworn to before me, the undersigned, the A.D. 19 day of C-5S7 (10-93) NS NOTARY PUBLIC ~tEMARK$ JOHN ,S,. KA_UFFHAN DDS PAGE $~ii~$1EQUENT DISEAI~I:a, ~,- "~ ...... DATE TOOTH SERVICE .......... CH,ARGE PAID BALANCE .... , ,,,~ ~ ~ ~ Dailey FE_ye Associates 1857 CE~'-~~ET /, CAMPHI~ L, PA /l ' (717) 761-3011 ~., ,T IF UNABLE ¢ KEEP APPOINTM ~ ~T KINDL~ GIVE 24 HOUR NOTICE ROVIDER LIS?i.'/I, tELEAsE FORM this ~.~'.,~,' .... , ~',m renaered ,~.. ,_ if al/persons (Doctors, Dentists, ,~uu~aer~t and the am~..--' ~.w..no are ~enderln~ se~ices ~,/ .... ~r ~Oz cZ/IS, if ~own. ~ Hospitals, Nurses, Funeral ~~ /~.,~ ...... in CO~ection with injuries sustained in ..... ~ u~ tor~ if you h ..... ~,,ue policy? ~ u~alm tar ~,, ~,~ ,.,,s and adv:~ : ~-mese expenses ) ,~e on T~s is a Medical Authorization Form Which I would like you to sign ~d return in the self addressed envelope. This will speed up the processing of your claim by allowing me to request medical information directly &om your doctor. The signing of ~is fonu h ~ a re/ease of your claim so please do not delay retur~ng the form. All physici~s, surgeons, dentists, hospitals, ~bulance OWners, nurses, or other persons who have treated, attended, or rendered services, or are now treating, afl. ending, or rendering se~ices _ in connection with injuries sustained by ~e claimant named on the reverse side hereof as a result of the described accident are hereby authorized to furnish to the GOVERNMENT EMPLOYEEs INSTANCE COMPLIES' or its representatives, all information and evidence in their regarding that pers Oh's injuries, medical history and physical condi ti on. P~session (The signature required below is that of the injured claimer, the Parents injured minor, or the ~epresentative of a deceased claimant's estate.) or gu~dian on behalf WITNESSES: SIGNE~~~~ Subscribed and SWorn to before me, the undersigned, the A.D. _day of NOTA~ MEDICAL RECORD CONSULTATION SHEET (SF-5t3) *******APPOINTMENT LINES******* '~- '~~'i'~L Sierra Military Health Services (SMHS) : 1-888-999-5195 ~./J!3 ,~o/ (may require 1 business day to process) .... Walter Reed Army Medical Center Appointing-for appointments at WRAMC 1-800-433-3574, (local) 202-782-7761 Other Phone# NAME: SWEENEY,AUDREY A 30/162-26-0664 USN FAM MBR RET ACV CODE: E TRICARE PRIME (CHAMPUS) DOB: 09 Jan 1938 SEX: FEMALE Home Ph#: 717 795-9583 TO: S-PHYSICAL THEPJtPy WR ORDER#: 010201-03044 DATE/TIME OF REQUEST: 01 Feb 2001@0911 APPT TYPE: NEW REASON FOR REQUEST: neck stiffness folloeing MVA FROM: WILLARD,WILLIS W Wk Ph#i: 717-245-4719 Pager#:: PRIORITY: ROUTINE ADDITIONAL INFORMATION: civilian care authorized Please Thank you apply indicated modalities until completion. CONSULTATION REPORT (Please respond to the reverse side or attach a SF-600 to this document.) Name/Signature Date: Phone# Pager#: Frank J. DiPrima, M.S. - Licensed Psychologist 920 Century Drive Mechanicsburg, PA 17055 PSYCHOLOGICAL EVALUATION Phone (717) 697-9770 Fax (717) 697-2719 Name: Audrey Sweeney Age: 63 Marital Status: Widowed Employment: Education: Methods: Unemployed 11th Grade Clinical Interview Symptom Checklist 90-Revised Date of Assessment: Place of Assessment: Referrint~ Physician: Diagnosis: Beck Depression Inventory Personal Problems Checklist for Adults Personal History Checklist for Adults 4/26/01 920 Century Dr. David Knauer Pain Disorder REASON r'OR REFERRAL: Audrey was referred for a psychological evaluation secondary to ongoing psychological and cognitive difficulties as well as continued pain problems, all of which she is experiencing secondary to an automobile accident sustained in January 2001. Questions conceming her present diagnosis, and recommendations for treatment were asked. PRESENTING PROBLEMS: Audrey presents with a variety of complaints. She experiences ongoing severe headaches accompanied by sensitivity to light, and blurred vision. Following her accident, she e~-pedenced these headaches on a daily basis, however, [ilu i',~quei~cy of ;-,~r h~ad p~-in ,,-bsa been decreasing over recent months. She continues to experience pain in the occipital area of her head, and pain and tightness radiating into the left side of her neck and into her left shoulder and arm. In addition, she experiences limited range of motion ~in her left arm, and limited range - of motion in rotating her head. Additionally, she acknowledges ongoing pain in her dght hip and dght buttock. In addition to her pain difficulties, Audrey experiences ongoing pedods of confusion, difficulties in short-term memory, problems concentrating, and periods of distractibility. She experiences episodes dudng which she forgets where she has placed items i:n the house, and times when she calls her daughter on the phone, and forgets the reason for her call. She indicates that she experiences strange sensations as though "something is missing." These cognitive changes were not present whatsoever pdor to her accident. Additionally, she acknowledges mood AUDREY SWEENEY PSYCHOLOGICAL EVALUATION APRIL 26, 2001 PAGE 2 changes, in the form of increased arousal and irritability, pedods of depression, significant sleeping difficulties consisting of problems falling asleep, and frequent arousals, with difficulty falling back to sleep, periods of depression, and a weight loss of approximately 10 pounds since her accident. Additionally, she experiences extreme anxiety ,and fear when ddving, finding it hard to relax while in the car. She also actively avoids the location of her accident, and has not been past this area since the accident occurred. Additionally, Audrey experiences periods of intrusive flashbacks to the accident, which she recalls in vivid detail. ONSET: Audrey indicates that, on January 17, 2001 she was the belted passenger in a vehicle driven by her girlfriend, traveling north on Rte. 15 from the Dillsburg area. As Audrey's automobile pulled up behind two tractor trailers, to stop at a red light, a vehicle traveling at an unknown rate of speed struck Audrey's vehicle from behind. She indicates that she was violently thrown forward and backward from this impact, and that she lost consciousness for several minutes. Upon regaining consciousness, she stumbled out of the car, and attempted to assist her girlfriend, who Audrey feared might have a heart attack due to her heart condition. At this time, Audrey experienced severe pain as well as blurred vision and lightheadedness, and she was subsequently taken to the emergency room where she was given Tylenol and released. Her headache pain, cognitive difficulties, and severe shoulder pain continued, and she consulted with her family physician approximately one week later, at which time she received x-rays which, according to Audrey, revealed a "displaced shoulder." She initiated physical therapy treatments, and followed through with these for several months, until her therapist left the country., and she has not scheduled continued therapy since that time. She indicates that her headacr~e p~in nas improved, and her shoulder pain has improved as well, although she continues to experience headaches, shoulder pain, limited range of motion and strength in her left arm, limited head range of motion, and ongoing pain in her dght hip and buttock area. Current medications include Vioxx, as well as Ambien, both prescribed by her family physician. Additionally, she utilizes Tylenol, and she continues to take a thyroid medication. Prior to her accident, she indicates that, although she experienced sinus pain on occasion, she aicl not expenence i~eadache pain, any co[~nitive difficulties w; la~sue~,eg o~' pedods of i,,-itabili';:y. She describes herself as having been carefree and active, although she acknowledged going through periods of d~-pre~i_~n, fn!!c~wino her himhend'~ death a~roximatelv four veam aoo. as well as some anxiety following a partial mastectomy, which sh~ ~nderwent'in Sel~tember-1997. Presently, she receives mammograms on a regular basis, and she remains active and healthy. FAMILY OF ORIGIN/MARITAL HISTORY: - Audrey is the youngest in her family of origin with a brother two years older, and a half brother residing in Flodda. She is presently disengaged with her brother, who lives in the western Pennsylvania area, where Audrey grew up. Audrey was marded for approximately 40 years, prior to her husband's death four years ago from lung cancer. She has five children from her marriage, and presently has an 18~year old son living with her in the Mechanicsburg area. AUDREY SWEENEY PSYCHOLOGICAL EVALUATION APRIL 26, 2001 PAGE 3 PSYCHOLOGICAL STATUS: Audrey arrived to our interview on time, accompanied by her adult daughter, who drove her to the interview, and attended our assessment session. Audrey was alert throughout our consultation, and her general behavior was relaxed, cooperative, and goal directed. She appeared well oriented x 3, and appeared to understand and be in agreement with the purpose of our interview. She demonstrated no difficulties attending to the content of our interactions throughout the session, and her flow of thoughts appeared appropriate, with normal thought content and the absence of delusions, hallucinations or illusions. Verbal expression was articulate, and comprehension appeared to be well within the normal range. Audrey acknowledged significant difficulties with short-term memory, concentration, and attention ali secondary to the accident. Audrey's mood appeared euthymic, and her affect congruent although slightly constricted. She acknowledged mild signs of depression such as a weight los.,; of 10 pounds secondary to the accident, very significant sleep disturbance, subsequent irdta~bility, with periods of angry outbursts, slight decrease in interest for usually pleasurable activities, and periods of anxiety. She acknowledged mild signs of Post Traumatic Stress Disorder in the form of increased arousal secondary to her accident, vivid images and memodes of the accident, which occur intrusively at vadous times, and the avoidance of the site of the accident, and extreme anxiety when ddving in automobiles. Audrey makes efforts to cope with her difficulties by staying busy, and performing in a senior citizen's group engaging in dancing and singing activities. She also participates in regular senior citizen activities, and she remains actively involved with her children. However, she continues to experience the sensation that "something is missing" and she experiences periods of tearfulness and extreme frustration with her cognitive problems and changes in mood state. SUMMARY AND RECOMMENDATIONS: In summary, Audrey Sweeney is a 63-year old woman referred for psychological evaluation secondary to a vadety of ongoing problems which have occurred following an automobiie accident sustained on January 17, 2001. Audrey is experiencing problems concentrating, di~c,.'!ties with sho.,!-te..,'m., memo.,',,,, periods of'confusio.n, and di!stmctibility. ~nd .~he else experiences ongoing pain problems, in the form of headaches, neck and shoulder pain, hip pain, and limited range of motion in her head, left shoulder and left arm. Additionally, Audrey experiences mild signs of post traumatic stress disorder in the :form of increased arousal and irritability secondary to the accident, vivid flashbacks and intrusive memories of the accident, periods of tearfulness and depression, significant sleeping difficulties, and active avoidance of the site of her accident. Additionally, she experiences extreme anxiety upon being in automobiles, and all of these difficulties were absent prior to heir accident. Audrey has undergone a course of physical therapy following her injuries, and this therapy has been beneficial in decreasing the frequency and intensity of her headaches, as well as decreasing her shoulder and arm pain while increasing her range of motion in these areas. However, this therapy was abruptly discontinued when her then~pist left the country, and she is in need of follow-up physical therapy treatment. AUDREY SWEENEY PSYCHOLOGICAL EVALUATION APRIL 26, 2001 PAGE 4 Based on the above findings, the following DSM-IV diagnosed appear indicated: Axis I: 307.89- Pain Disorder Associated with Both Psychological Factors and a General Medical Condition 309.81 - Post Traumatic Stress Disorder 294.9 - Cognitive Disorder, NOS Axis I1: None Left Neck and Shoulder Pain Headaches Right Hip and Buttocks Pain The following recommendations may be helpful for Audrey: 1. Consultation with a physiatdst. Since Audrey's accident, she consulted bdefly with an emergency room physician, and subsequently with her family physician. Due to the nature of her difficulties, and her sustained pain problems, an ewlluation by a physiatdst, with recommendations concerning physical therapy treatment will be extremely beneficial. 2. Further neuropsychological testing. Due to Audrey's cognitive difficulties, follow-up neuropsychological testing to establish baseline cognitive abilities, and quantify the presence and nature of memory and concentration problems will be beneficial. 3. Follow-up physical therapy treatments. Based on the findings from the Physiatdc evaluation, follow-up physical therapy will be essential for Audrey. She benefited from therapy previously, and was highly conscientious in following through with exercise. Therefore, it is likely that follow-up physical therapy will further benefit her.. Audrey is an intelligent and cooperative person who is highly rnotivated to follow through with treatment and resume normal functioning. Her premorbid history appears negative for major psychological or psychiatnc difficulties, an(J it appears that he; prese,~t Problen-fs are ,.:;;,'ectly related to the accident which occurred on January 17, 2001. Therefore, the prognosis is e_',d__rem~.ly f~vomhle that Audrey will benefit from the recommendations outlined above Frank J. DiPrima, M.S. - Licensed Psychologist Carlisle Hospital -~ Emergency Department 246 Parke~rlis e, PA 17013 -- (717) 245-5500 V Patient: S____WEENEy, AUDREY ANN MD ED: Peter Kamhout, M.D. Disch: .1/17/01 4:17pm Res/PA/NP: Medical Record: 848939 - AFTERCARE INSTRUCTIONS We are pleased to have been able to provide you with emergency care. Please review these instructions when you return home in order to better understand your diagnosis and the necessary further treatment and precautions related to your condition. Your diagnoses/prescriptions today are: Dx #1: Hi..~_E_Contusion General Information on CONTUSIONS (Bruises) A bruise is an injury to the skin that comes from being hit, pushed or squeezed. Most commonly, bruises result from auto accidents, fails, sports injuries or fights. What are the symptoms? Bruises can occur anywhere on the body. The bruised area is usually sore, swollen and often red or blue in color. As the bruise heals, there may be a yellowish discoloration that persists for weeks. What are the risks? Most bruises heal on their own within 3 to 10 days and do not produce any serious medical problems. There are, however, some risks: 1. Sometimes bruised skin gets infected. This produces more redness, pain, swelling and occasionally a fever. 2. On rare occasions, there may be serious internal injuries to the liver, lungs, heart or brain. 3. Occasionally the swelling from a bruise is so severe, it cuts off the circulation to a hand, arm, foot or leg. This is a serious problem that requires prompt medical attention. The symptoms include: A) extreme pain, B) numbness, tingling, weakness or C) swelling of the entire hand, arm, foot or leg. INSTRUCTIONS 1) Keep the area elevated. This will help reduce the pain and swelling. 2) Ice packs are sometimes helpful during the first two days. Put the ice in a plastic bag. Roll up the bag in a towel and put it on the bruised area for 5 to 15 minutes at a time. 3) After the first two days, warm packs may help ease the pain and speed healing. Roll up a small towel. Soak it in warm water and put it on the bruised area(s) for 5 to 15 minutes at a time. 4) If you are not allergic to them, you may take acetaminophen (Tylenol) or ibuprofen (Advil) to help ease the pain. Prescription pain medications are usually not required. 5) SEEK IMMEDIATE MEDICAL ATTENTION if: A) you develop a fever, extreme pain, numbness, weakness, tingling, severe swelling, difficulty breathing, pain in the belly, a severe headache, vomiting, blurred visiorh convulsions, excessive drowsiness, a loss of balance or B) you pass out or C) yOL; develop redness or swelling of an entir~ hand, arm, f"~ot or leg. D) In children ALSO look for decreased activity, difficulty walking, poor feeding or irritability. Follow-up: DUNHAM HEATH CL_INIC ARMY BARRACKS F/U D/T: Other Instr: CARLISLE, PA F/U MD Ph: 717___-245-3400 As NEEDED YOU MIGHT BE MORE SORE TOMORRow. TYLENOL AND MOTRIN FOR PAIN. A HOT BATH MAY HELP ALSO--~.. ~ ~ __ Pg 2 ': If you had an EKG or X-Ray today, it will be formally reviewed by a specialist tomorrow. If there is any -~'ay's Emergency Department reading, you will be notified. ~T NOTICE TO .ALL PATIENTS: The examination and treatment you have received in our Emergency ,lent have been rendered on an emergency basis only and will not substitute for definitive and ongoing evaluation .~edical care. A follow-up physician has been designated for you. It is essential that you make arrangements for · ~w-up care with that physician as instructed. Report any new or remaining problems at that time, because it is . npossible to recognize and treat all elements of injury or disease in a single Emergency Department visit. Significant changes or worsening in your condition may require more immediate attention. The Emergency Department is a/ways open and available if this becomes necessary. MEDICAL RECORD CONSULTATION SHEET (SF-513) *******APPOINTMENT LINES******* Sierra Military Health Services (SMHS) : 1-888-999-5195 (may require 1 business day to process) Walter Reed Army Medical Center Appointing-for appointments at WRA_MC 1-800-433-3574, (local) 202-782-7761 Other Phone# NAME: SWEENEY,AUDREY A 30/162-26-0664 USN FAM MBR RET ACV CODE: E TRICARE PRIME (CHAMPUS) DOB: 09 Jan 1938 SEX: FEMALE Home Ph#: 717 795-9583 TO: S-PHYSICAL THEP_APY WR ORDER#: 010201-03044 DATE/TIME OF REQUEST: 01 Feb 2001@0911 APPT TYPE: NEW REASON FOR REQUEST: neck stiffness folloeing MVA FROM: WILLARD,WILLIS W Wk Ph#: 717-245-4719 Pager#: PRIORITY: ROUTINE ADDITIONAL INFORMATION: civilian care authorized Please apply indicated modalities until Thank you completion. CONSULTATION REPORT (Please respond to the reverse side or attach a SF-600 to this document.) Name/Signature Date: Phone# Pager#: TRICARE MCS REGION P. O. BOX 7012 CAMDEN, SC 29020-7012 TRICARE EXPLANATION OF BENEFITS This is a stalemenl of Ihe action taken on your TRICARE claim. Keep lifts notice for your records. SIERRA MILITARY HEALTH SERVICES, INC.su I Dale of Notice: [ Spo.sor SSN: I Sponsor Name: Beneficial, Name: March 01, 2001 162-26-0664 DONALD SWEENEY AUDRF, Y A SWEENEY AUDREY SWEENEY P 0 BOX 2373 MECHANICSBURG PA 17055-0875 Benefits were payable to: CITIZENS IIOSE CO NO 1 OF DILLS PO BOX 100 CARLISLE PA 17013 Claim Number: [Remarks 105006793-00-00 4 - GREAT NEWS. PGI]A IS MAKING TRiCARE EASIER. YOU CAN NOW VIEW 'FILE STATUS OF YOUR CLAIMS AT WWW.MYTRICAR_E.COM. FOR MORE INFORMATION VISIT ()UR WEB SITE TODAY. 5 - PLEASE ALLOW UP TO 30 DAYS FOR YOUR CLAIMS TO PROCESS. 1-800-578-1294 TIIIS IS NOT A BILL If you have queslions regarding fl~i.~ notice, plt, a.qe call or write us af fhe lelephnne nmnber/address lisled above. T R I C A R E Page 2 of 2 oi/i9/ol Audrey Sweeney PO Box 2373 Mechanicsburg, PA 17055 Dillsburg Ambulance P.O. Box 100 Carlisle, PA 17013 717-249-7323 Account # 641000-49 Dear Audrey Sweeney: Recently emergency transportation services were provided by Dillsburg Ambulance. We do not have your insurance information and ask that you mail the enclosed form to your insurance company or indicate at the bottom the insurance company name, address, policy and group number and return to Dillsburg Ambulance, c/o Patient Accounting Services, Inc., PO Box 100, Carlisle, PA 17013. If you decide to mail the claim to your insurance company please include your identification number in Box IA, the group number in Box 11, the patient's signature in Box 12 and the insured's signature in Box 13. If you have any questions please do not hesitate to call. ' Sincerely, InsuraDce Company Name: Patient Accounting Services, Inc. Billing Agent for Dillsburg Ambulance Address: Policy #: Group #: PLEASE III i DO NOT I I',!,::', r/:~ ~" ,::) (::?:1/- Y' :i.(.:-:Y' STAPLE III IN THIS AREA ~ P~CA HEALTH INSURANCE CLAIM FORM P~CA- 1. MEDICARE MEDICAID CHAMPUS CHAMPVA GROUP FECA OTHF. J; la. INSURED'S I.D. NUMBER {FOR PROGRAM IN ITEM 1) J L.~ ~ ['~ r--~ HEALTH PLAN [-----~ BLK LU"~GF"~ (Medi=are ,) (Medicaid #){Sponso['a SSN) ('VA File ,) I. I (SSN of ID) 2. PATIENT'S NAME (Last Name. Firsl Name, Middle Initial) 4. INSURED'S NAME (L~st Name. First Name, M~ddie initial) ~::; )H.'" "'¥i '"",* ,f:~ ..U':I Y (-:-' Y' ...... · , S~4,z.~,? y'~,:-:~ X ¢~u.,::l T' ,:.? X 5. PATIENT'S ADDRESS fNo., Streel) I::'O )E;,::)x ~:..5..,..:. CiTY I' I £"~' f.. h 4:'1 I"1 :i, I,":: ':'5 b t..i ¥' t" STATE ZIP CODE TELEPHONE (Include Area Code) .I. / ...., .~ ( ";-' · ".:~ ";.',:;;, ,:: -. ,::)':.' ,: :,"z 9 OTHER INSURED'S NAME (Las1 Name, First Name, Middle Initial) INSURED'S POLICY OR GROUP NUMBER j'?,:,.i ,:% i, 1 ic EMPLOYER'S NAME OR SCHOOL NAME INSURANCE PLAN NAME OR PROGRAM NAME 3. PATIENT'S BIRTH DATE MM · DD . YY), 6. PATIENT RELATIONSHIP TO INSURED Sell E~ Spouse ~-~C hild ~--~ Other ~'-~ 8. PATIENT STATUS I-'---] Full-Time r--'~Par1.Time Employed j I Sludenl F I ISludem ] 0. IS PATIENT'S CONDITION RELATED TO: a EblPLO','IvlENT? (CURRE ',IT OR PREVIOUS) b AUTO ACCIDENT? PLACE (Slam) ~---~ YES E~ ,.,IO __ c. OTHER ACCIDENT? 10d. RESERVED FOR LOCAL USE READ BACK OF FORM BEFORE COMPLETING & SIGNING THIS FORM. I 12 PATIENT'S OR AUTHORIZED PERSOhFS SIGNATURE I aulhoqze the release of an:,, medical or oll~er inlormafion necessary lO process lhiS claim. I also request pavmem of government benefits eflher Io mysefl or lo 1he parl~ ',,,,ho ascepL~ assignmenl below. ' · ?, i g ¥'~a-t'. u. f' c-: C)¥'~ F:' :i. ]. :::.:, O :L :1. 9",26, O J. SIGNED DATE 14. DATE OF CURRENT:,~ ILLNESS (Firsl s':/mplom) ORJ ~5. IF PATIENT HAS HAD SAME OR SIMILAR ILLNESS. k4M DD yY INJURY (AccidenU OR (') (",iF'K"ff; ('~ (~ ("~ · "~ ...... i ..... PREGNANCY fLMP) '~? NAME OF REFERRING PHYSICIAN OR OTHER SOURCE 7. INSURED'S ADDRESS (No,, Street) F:'C) ~{':¢.:.~x '".~"z'-;,'-z 19. RESERVED FOR LOCAL USE CITY STATE I'te,::: h a Y'~ i ~.:: .?.H:~ [.t ¥' g F ',q ZIP CODE TELEPHONE IiNCLUDE AREA CODE) '~ '"¢(~c:ic:' ( ";" '"~ ";'6:',c' 11. INSURED'S POLICY GROUP OR FECA I'JUMBER a. INSURED'S DATE OF BIRTH IvlM . DD . yy,' ,' M ~-] SEX ~--~ F b EMPLOYER'S NAME OR SCHOOL NAME c. INSURANCE PLAN NAME OR PROGRAM NAME ! d. IS THERE ANOTHER HEALTH BENEFIT PLAN? F-lYES I [ r.,Io If yes. return I0 and complete item 13 INSURED S OR AUTHORIZED PERSON'S SIGNATURE I aumonze S :i. g 'r,,::'~ t'. u 'r' e: C)~"~ F:':i. ]. ¢..:.:, SIGNED GIVE FIRST DATE k41vl I DD I YY 16. DATES PATIENT UNABLE TO WORK IN CURRENTOCCUPATION k41',4DD YY MM DD YY , , FROM I I TO : ', 17a. I.D. NUMBER OF REFERRING PHYSIC,AN lB. HOSPITALIZATION DATES RELATED TO CURRENT SERVICES MM DD YY I,~lVl D Y P~OM O<)OOOpOO TO 2~. DIAGNOSIS OR NATURE OF ILLNESS OR ffqJURY. (RELATE ITEMS 1,2.3 OR 4 TO ITEIvl 24E BY LINEi ] ~.lli?F~:l.~2 I'i,::)'1:. ,::) ¥' V,:.::h:i.c:'.l.,:.:.'. A,::: ,::: :i. ,::l ~!I.__ · 2.19''''39 ,, ,!3 SShl EIN 24. A DATEIS) OF SERVICE I4M DD YY MM DD () :1. :1. ':;' 2.'. () (> :1. 03. :1.77.003. ~ ', C, 1:1.72'. 0 C., :1. : () :l. :1. 720(> :1. ~ ', O :1. :1. 726,0:1. () :1. :L 7200:1. 2S. FEDERAL TAX I.D. NUMBER 2. 2; '"' ":'"'""" '" "'::' .I...,, ._.) 31. SIGNATURE OF PHYSICIAN OR SUPPLIER INCLUDING DEGREES OR CREDENTIALS DIAGNOSIS CODE 25. PATIENT'S ACCOUNT NO. 27. ACCEPT ASSIGN 4E',!T'~ (For govl. claims see ba~k) 44 :l. C'O(> "-49 ~YEs 32 UAME AND ADDRESS OF FACILITY WHERE SERVICES WERE RENDERED III olher than home er ofhce) 20. OUTSIDE LAB? 5 CHARGES Fq,'ES I NO I o co I 22. IvlEDICAID RESUBIvllSSION CODE ~ C,(> :1. 23PRIORAUTHORIZATIONNUMBER F s CHARGES ORIGINAL REF. NO. '~ 424 3:L PHYSICIAN'S. SUPPLIERS BILLING & PHONE ~ F:'O )3,::)x :I.C,O Ca ¥' ]. :i. ~; :l. e) I::'F~ K RESERVED FOR LOCAL USE 30. BALANCE DUE :1. 76, '1. 2; PLEASE PRINT OR TYPE APPROVED OMD.-Og3B-0('~OB FORM HCFA.1500 112-90f FORI 4 RRB-15n9 APPROVED OJJ, B-12~ 5-6,055 FORM OWCP-150O. APPROVED OMB-0720-DDO1 ~CHA. MPU~ X-Ray Date Taken Fi Idm,,s' Where Taken Please complete bv using code: O - office: V - house visit: H - hospi:'_al visit: X - x-ray: S - surgery Total No. Office Visits at $ each .......... Total No. Home Visits Total No. Hospital Visits Total No. X-Ray Pictures at $ each .......... at $ each .......... $ at $__ each .......... $ TOTAL $ Date: MD. .-\ddrcss Tax Payer ]dentil'Jcation Number - This is re[luircd under authority of law. Additional Comments: For your protection Virginia Law requires the following to appe~ on tltis form: "It is a crime to knowingly provide false, incomplete or misleading information to an insurance comprmy for the purpose of defrauding the company. Pelmlties include imprisonment, fines m~d denial of instmmc¢ benefits." GEICO One GEICO Blvd. Fredericksburg, VA 22412-0002 WAGE & SALARY VERIFICATION (Please complete and return this report directly to us) EMPLOYEE'S NAME: EMPLOYEE'S ADDRESS: SOCIAL SECURITY NO.: COMPANY NAlvlE: COMPANY'S ADDRESS: TELEPHONE NUMBER: Dates of Employment: From: Job Title: 3. Brief Description of Duties: 4. Wage or Salary as of Date of Accident: $ 5. Circle Days NormallyOff: S M T W T F S None fi, Hours Normally Worked (Ex. 9 a.m.-5 p.m.) From: 7. Dates Absent Because of Accident: From: 8. Was Employee Paid Wages or Salary During This Absence? 9. ( )PerHour [ )PerWeek ( )PerMonth Yes ( To: ) If "Yes", Amount Paid $_ No ( ) Is Employee Entitled to Receive Benefits Under Any Worker's Compensation Law as a Result of This Accident? ( ) Yes ( ) No 10. Name of Worker's Compensation Insurance Carrier: DATE: Signed: Name: Titla: C. s89 (6-e4) NS Knauer & Associates, LSC Attorneys-at-Law 411 A East Main Street, Mechanicsburg, Pennsylvania 17055 Telephone: (717) 795-7790 David W. Knauer Fax: (717) 795-7793 Nathanael J. Byerly Emaih knauer@earty.com September 11, 2001 Heidi Paige Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 Our Client: Audrey Sweeney Your Insured: Brian Sweeney Claim Number: 016120652-0101-021 Dear Mrs. Paige: Please find enclosed a copy of our clients most recent bill from Beaudry Oral Surgery. Thank "you. Very truly you~rs, David W. Knauer DWK: bm Enclosures CC: Audrey Sweeney \company\Sweeney\09-11-01 claims. It Knauer & Associates, iLSC Attorneys-at-Law 411 A East Main Street, Mechanicsburg, Pennsylvania 17055 Telephone: (717) 795-7790 David W. Knauer Fax: (717) 795-7793 Nathanael J. Byerly Email: knauer@early, com August 30, 2001 Heidi Paige Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 Our Client: Audrey Sweeney Your Insured: Brian Sweeney Claim Number: 016120652-0101-021 Dear Mrs. Paige: Please be advised that our office modified the Affidavit of No Insurance you sent to us for my client's execution. The modification was that her son who is your insured resides with her. Otherwise the form was satisfactory. The Affidavit of No Insurance that you sent us was clearly designed for the situation where the injured plaintiff had no insurance and where there were no insured drivers in the plaintiff's household. Given that oversight, my client would greatly appreciate it if you would expedite payment of her outstanding medical bills that were held up as a result of your request for the Affidavit of No Insurance. With respect to your request for a recorded statement by telephone, my client is agreeable to have her statement taken by telephone. However, I would request that you take the statement via a conference call to our office number. Kindly contact me to schedule a date and time for the call. DWK: bm Enclosures CC: Audrey Sweeney \company\Sweeney\08-30-01 claim s.ltr Very truly yours, David W. Knauer GEl · Government Employees Insurance Company · GEICO General Insurance Company · GEICO Indemnity Company · GEICO Casualty Company One GEICO Blvd. · Fredericksburg, VA AUDREY SWEENEY P O BOX 2373 MECHANICSBURG PA 17055 22412-0001 CLAIM NUMBER: 016120652-0101-021 AFFIDAVIT OF NO INSURANCE This will certify that I, Audrey Sweeney , residing at 111 S Chestnut St.r Mechanicsburg~ PA 17055 have no liability or No- Fault Insurance of any k/nd which is applicable to a certain loss occurring on 6-1 7- 01 I also certify that I do not own any aUtomobiles. My driver's license number is State My social security number is 1 91 - 3 0 - 1 2 2 8 further certify that at the time of the loss of mv .......... iDate: Sworn to before me this Notary Pu i NOTARIAL SEAl.' I Amy Knauer, Notary Public My commission expires: I M~chsnic~burg Borough, Count/of Cumbl~land [ My Commission Expires Jan, 25, 2005 0 6-1 7 - 01 I did .. ~side with Son Brian Sweeney who had in effect a policy of insurance for liability or No-Fault Insurance. / // (Signature in Full)'/' / / Shareholder Owned Companies Not Affiliated With The U.S. Government GEICO INDEMNITY COMPANY 5260 Western Avenue, Chevy Chase, Maryland 20815 THIS IS A DESCRIPTION OF YOUR COVERAGE PLEASE KEEP FOR YOUR RECORDS TELEPHONE: 1-800-841-7475 FAX: 1-540-286-40t9 PAGE~ POLICY PERIOD FROM 12- 30- 00 TO 06- 30 -01 12:01 A.M. LOCAL TIME AT THE ADDRESS OF THE NAMED INSURED. THE INSURED VEHICLE(S) WILL BE REGULARLY GARAGED IN THE TOWN AND STATE SHOWN IN ITEM ], EXCEPT AS NOTED HERE: l,POLICY NUMBER: BY - 04- 40 BRIAN C SWEENEY PO BOX 2372 MECHANICSBURG PA 17055-0872 CONTRACT AMENDMENTS: ALL VEHICLES - UNIT ENDORSEMENTS: VEH 1 CRA468 DATE ISSUED: 02 -- 06 - 01 ITEM 1: NAMED INSURED A2~FD ADDRESS ENDORSEMENT CRA233PA CRAiO CRA13 CONTRACT TYPE: A 3 0 P A EFFECTIVE: 02-06-01 * * * * * * * * * * * *IMPORTANT MESSAGES* * * * * * * * * * * * -AS A GEICO FAMILY AUTO POLICYHOLDER, WHEN YOU OR YOUR SPOUSE {IF RESIDING WITH YOU) RENTS A CAR IN TH.E UNITED STATE, S OR CANADA, THE RENr],AL GAR IS COVERED UNDER YOUR GEICO POLICY. THE SAME POLICY PROVISIONS AND CONDrE[ONS, COVERAGE LIMrrs AND DEDUC- TIBLES THAT APPLY TO YOUR PERSONAL Ca~R ALSO APPLY TO THE RENTAL CAR. IF YOU HAVE MORE THAN ONE CAR INSURED, THE RENTAL CAR WOULD BI'.' COVERED WITH THE BROADEST [HIGHEST LIMITS, LOWEST DEDUCTIBLES} COVERAGES INCLUDED ANYWHERE ON YOUR POLICY. REMEMBER, COMPREHENSIVE AND/OR COLLISION COVERAGES ARE EXTENDED ONLY WHEN YOU CARRY THESE COVERAGES ON YOUR OWN VEHICLES. IMPORTANT: IF YOU CARRY MULTI-RISK COVERAGE, THE MECHANICAL BREAKDOWN COMPONENT DOES NOT EXTEND TO RENTAL VEHICLES. -LIMITED TORT OPTION SELECTED. -PLEASE REVIEW THE REVERSE SIDE OF THIS PAGE FOR COVERAGE AND DISCOUNT INFORMATION -THE GEICO PROPERTY AGENCY CAN ARRANGE FOR YOUR HOMEOWNER'S, RENTER'S AND CONDOMINIUM OWNER'S INSURANCE NEEDS. JUST CALL TOLL-FREE AT 1-888-306-9500. REFINANCING? LET US PROVIDE THE NEW HOMEOWNER'S POLICY YOU NEED. -THE MAILING ADDRESS ON YOUR POLICY WAS CORRECTED. INSURED copy U-al-DP OVER POLICY NUMBER: BY-04-40 GEICO INDEMNITY COMPANY DATE ISSUED: 02-06-01 CLASS 2-L - 18SMP -L LIMfTS 01~ DEDUCTIBLES PREMIUMS PAGE 2 RATED STATE VEH 1 VEH 2 VEH 3 VEHICLE i 85 PONT 2G2GN69AXF2279788 2 C 0 VERA GES Coverage applies whore a premium or 0.00 is ahown for the vehicle BODILY INJURY LIABILITY EACH PERSON/EACH OCCURRENCE PROPERTY DAMAGE LIABILITY FIRST PARTY BENEFITS UNINSURED MOTORISTS/WITH STACKING EACH PERSON/EACH ACCIDENT UNDERINSURED MOTORIST/WITH STACKING EACH PERSON/EACH ACCIDENT $15,000/$30,000 189.30 $5,000 308.10 OPTION A 99.10 $15,000/$30,000 $15,000/$30,000 11.20 7.70 [~--~/~-MONTH PREMIUM PER VEHICLE $ 615.40 YOUR PREMIUMS ARE BASED ON THE FOLLOWING DISCOUNTS AND/OR SURCHARGES: SURCHARGES: MOTOR VEHICLE ACCIDENT, CONVICTION OR LIENHOLDER VEHICLE 1 INSURED COPY U-al-Dp LIENHOLDER VEHICLE 2 INEXPERIENCED OPER. (VEH 1) LIENHOLDER VEHICLE 3 DAILE¥ EYE ASSOC];A-I-ES, ;I.~.-3.,5";-;' CENTEF.'. STREET C A N P H :[ L. L, F--'A .1. '7 El ]. '76:1. -3011 I. D. ~, 232~.52651 Prov. 45 HA342118 Y A. SWE;ENEY BOX 23¥2 MIECHAI',.IICSBURG PA ].'7055 F::i.n Class: .1. ]n!i;~' F'8. t.'. !-TIRI 2.'-DT GEICO INS. 1 GEICO E'.;,I..VD. T)..=, -h c, iz,.r o c M d D e s c r :i. p t i o n A c c o u r, t I%1 o: 2049 [;i:i ,, El I::.' h o n e: /'7 '?!i! 5 "- 9:5.:'~!. ::! nsurance Balance ',~ 2,S0,, 0~2') Pat i ent Balance: tTI.. 0~;:!1 F RE'DER I C;KSBLJRG VA 224 ]. ;:.::-0 ~02 D i a !;-] I iq S C h a. r g 6:, .:.. C'r e c:i i. t s SWEIENEY, AUDREY A. . . d d,"-~',.-, 020601 020201 92015 0206.,0 :[ 0221~:bl 99212 (20490.0) 0 V C 0 N S U L.T AT :[ 0 N I I ]: 36,F'., ,, 12:_' I 0 T IRebill - OT DETERMINATION OF RE:.F Rebi].]. - OT OV, ESTABI- I I VISUAL FIELD EX'rENSI B68. 1;~: It]T 368, :1. 2: ;1: O'T 368. i 2 I OT :1. :L 0 ,. OG 20.00 40. 00 90. r.,')O TOTAL CURRENT 31-60 61-90 91---. 120 ]: n surance 260.00 261Z~. 00 0.00 0. EIO El. 1~')0 Pat lent 0. 0~ El,. 00 0. IZlIZl el,. 01'2.~ I~.:_"1. elt;i~ T,:) t a 1 F_'60.00 260. O~Zl El. 00 0.00 0. 00 Knauer & Associates, [,SC Attorneys-at-Law 41lA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 Email: knauer@early, com David W. Knauer February 6, 2002 Heidi Paige Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 Our Client: Audrey Sweeney Your Insured: Br/an Sweeney Claim Number: 016120652-0101-021 Dear Mrs. Paige: With respect to your question as to why the vehicular accident of January 17, 2001 necessitated a replacement of my client's dentures the .answer is in the difference between the pre and post accident condition of the temporomandibular joints. Most people do not have prefect bights nor perfect dentures pre-accident. For those people, a less that perfect bite is normal for them. Consequent]y, as long as the dentist approximates the natural bights, the dentures are satisfactory. However, post accident the equation changes. When the TM joints suffer injury, the prolongation of improper bights is contraindicated. After the onset of TMJ injuries, the bight must be adjusted so that it approximates an ideal bight. The purpose of the best bight is not for appearance or the function of the teeth but for the purpose of relieving the pressure a less than perfect bight imposes on the TM joints..A good example is the old garden gates with hinges. If one hinge is off, the second hinge has to carry the burden of opening and closing the gate. Over a period of time, the changed pressure wears out the one hinge. The TM joints are hinge joints. The post accident re-aligrmaent of the dentures means that the force is spread equally on both joints so that the one hinge imperfection is reduced as much as possible. The less irregular pressure on the joints reduces the risk of larger problems on the stressed joint and hopes to slow the progression of the TMJ condition. I hope that this is sufficient to explain the necessity for my client's denture replacement. If you have any further question, please feel free to call. Enclosed are the only records Dr. Kauffman has sent per our request. Very truly yours, David W. Knauer DWK: bm Enclosure CC: Audrey Sweeney Company\Sweeney\02-06-02kPaige.ltr Knauer & Associates, LSC Attorneys-at-Law 41 lA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 Email: knauer@earl¥.com David W. Knauer June 10, 2002 Ms. Kimberley Gouldman Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 Our Client: Audrey Sweeney Our Insured: Brian Sweeney Claim Number: 01535758000107019 Dear Mrs. Gouldman: Please find enclosed for your records a copy of the Writ of Summons now filed in the above case. If you have any questions or concerns, please do not hesitate to call. Thank you. 'Very truly yours, · .<"" //...~.' ...:/c~ Z: ~. ]David W. ~auer DWK: bm Enclosure CC: Audrey Sweeney Company\Sweeney\06-10-02\ltr Knauer & Associates, LSC Attorneys-at-Law 411 A East Main Street, Mechanicsburg, Pennsylvania 170.55 Telephone: (717) 795-7790 David W. Knauer Fax: (717) 795-7793 Nathanael J. Byerly Email: knauer@early, com August 2, 2001 Heidi Paige Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 Our Client: Audrey Sweeney Your Insured: Brian Sweeney Claim Number: 016120652-0101-021 Dear Mrs. Paige: Please find enclosed for your records Audrey Sweeney's PA No-Fault Motor Vehicle Insurance Act Application for Benefits, along with copies of her cun'ent medical bills. Thamk you. DWK: bm Enclosures CC: Audrey Sweeney \company\Sweeney\08-02-01 claims.ltr Very :truly yours, ". -/7// /' David W. Knauer GEICO [] Government Employees Insurance Company [] GEICO General Insurance Company [] GEICO Indemnity Company [] GEICO Casualty Comp~my One GEICO Blvd. [] Fredericksburg, VA 22412-0001 June 29, 2001 AUDREY SWEENEY PO BOX 2372 MECHANICSBURG PA 17055 Certified Mail Return Receipt Requested CLAIM NUMBER: INSURED: DATE OF LOSS: 016120652 0101 021 Brian Sweeney 1/17/01 Dear Ms. Sweeney: With respect to the automobile accident on January 17, 2001 alt Ronte 15, Dillsburg, PA in which Lois Drake was driving the 1997 Buick Century, you are hereby notified that the GEICO Indenmity Insurance Company .in investigating and/or adjusting or attempting to adjust, and/or handling or defending any litigation growing out of this accident which occUrred on January 17, 2001 at Route 15, Dillsburg, PA does not waive any of the Company's rights, nor aa~y of its obligations m~der the policy. COndition 3 of the policy states: 3. ASSISTANCE AND COOPERATION OF THE INSURED The insured will cooperate and assist us, if requested: (a) (b) (c) (d) (e) (f) (g) in the investigation of the occurrence; in making settlements; in the conduct of suits; and in enforcing any right of contribution or indelmfity against any legally responsible person or organization because of bodily injury or property damage; and at trials and hearings; in securing and giving evidence; and by obtaining the attendance of witnesses. Only at his own cost will the insured make a payment, assume any obligation or incur any cost other than for first aid to others. Shareholder Owned Companies Not Affiliated With The U.S, Government GEICO [] Government Employees Insm'mme Compm~y [] GEICO General Insurm-me Company [] GEICO Indemnity Company [] GEICO Casualty Comp~my One GEICO Blvd. [] Fredericksburg, VA 22412-0001 November 1, 2001 DAVID KNAUER 411 A EAST MAIN STREET MECHANICSBURG PA 17055 CLAIM NUMBER: INSURED: DATE OF LOSS: YOUR CLIENT(S): 016120652-0101-021 Brian Sweeney 01/17/01 Audrey Sweeney Dear Mr. Knauer: This letter is regarding a recent bill from Jolm Katfffman, DDS for Ms. Sweeney. The billing is for date of service October 18, 2001 for new dentures for yom- client. Please advise our office why this was billed for these services as there was no information submitted on the application for benefits or mentioned since the loss was reported that damage was done to her dentures. If you could, please submit the documentation to support this claim including treatment records noting damage to the dentures as a result of the automobile accident. Your continued cooperation in this matter is greatly appreciated. Sincerely, Heidi Paige Claims Examiner 1-800-841-1003, extension 4623 cc: Jolm S. Kauffman, DDS klg SI [r h-~]der Owned C()mpanios Not Al'fili~dcd With Tim U.$, Gov[:)'nmenl [] Government Employee:~ Insurance Ctm~l)any [] GEICO General Insurance Company [] GEICO Indemnity Company [] GEICO Casualty Compa.ny One GEICO Blvd. [] Fredericksburg, VA 22412-0001 SEPTEMBER 7, 2001 MS AUDREY SWEENEY 11 S CHESTNUT STREET MECHANICSBURG, PA 17055 CLAIM NUMBER: 016120652-021 DATE OF LOSS: 01/17/01 Dear Ms Sweeney: One of GEICO's obligations is to assure medical benefits paid on your behalf accurately reflect services provided and are in accordance with scheduled allowances for the state in which services were rendered. As we explained in our initial letter to you, medical bills are reviewed to deter- mine if the charges for treatment are reasonable for the geographical area in which the treatment was rendered. We have reviewed the bills and our findings are enclosed for your information. Any subsequent bills will be reviewed in the same manner. Should there be a dispute with the findings, we are requesting a response from your provider(s) within 30 days. Additionally, should you receive a bill for the balance of a payment benefit, please send it to us for handling. Should you have any additional questions regarding your claim, please contact your adjuster, Heidi Paige, at 1-800-841-1003, extension 4623. Sincerely, Claims Department cc: Attorney Sh amh older Own e .1 Corn p~ nies Not Affiliated With The U.$, Govermn ent 1-800-841-3000 · Government Employees Insurance Com~a'~,. · GEICO General Insurance Company · GEICO Indemnity Company · GEICO Casualty Company · Criterion Insurance Agency, Inc. (Colonial County Mutual Ins.) ONE GEICO BLVD. FREDERICKSBURG, VA 22q12-OOO2 Dr. Frank DiPrima 12 Montadaie Drive DiIlsburg, PA 17019-9105 June 8, 2001 CLAIM NUMBER: 0161206520101021 INSURED: Brian Sweeney PATIENT NAME: Audrey Sweeney DATES OF SERVICE: 0q/26/01 - 04/26/01 ACCOUNT: Unknown LOSS DATE: 01/17/01 Dear Dr. DiPrima: We have received recent correspondence regarding the above captioned loss. In order for us to process your claim, it is necessary for GEICO INDEMNITY COMPANY to have the completed No-Fault application for benefits from the applicant. Thank you for your time and cooperation in this matter. Very truiy yours, HEIDI PAIGE L367 CLAIMS DEPARTMENT 1(800)841-1005 extension 4625 GEICO INDEMNITY COMPANY IO CL525 PLEASE REFER TO OUR CLAIM NUMBER WHEN WRITING OR CALLZNG ABOUT TH~S CLAIR C, hareholder Owned Companies Not Affiliated With The U.S. Government CLL14 1-800-841-3000 ffi Government Employees Insurance Compan7 I GEICO General Insurance Company GEICO Indemnity Company GEICO Casualty Company [] Criterion Insurance Agency, Inc. (Colonial County Mutual Ins.) ONE GEICO BLVD. FREDERICKSBURG~ VA 22q12-0002 Mr. David I(nauer 411A East Main St. Mechanicsburg, PA 17055-6514 June 28, 2001 CLAIM NUMBER: 0161206520101021 INSURED: Brian Sweeney YOUR CLIENT: Audrey Sweeney LOSS DATE: 01/17/01 Dear blt. Knauer: Ne received your letter of representation. Please have your client complete the enclosed PIP forms and return them to us promptly. Also, please send us any bills and/or documentation, which support this ciaAm, as they become available. If you have any questions, I can be reached Monday through Friday at the number listed below. Very truly yours, HEIDI PAIGE L567 CLAIMS DEPARTMENT 1(800)861-1003 extension 6623 GEICO INDEMNITY COMPANY ENC,: C258PA 2O IMPORTANT NOTE: Should we make any payment to you on this claim, we wail need your TAX IDENTIFICATION NUMBER. PIease compIete the foilowing and return this ietter to us. ThAs wlli be the name and TIN reported to the IRS. Payee Law FArm's Name Payee Law FArm's Tax IdentAficatAon Number CL302 PLEAS~ REFER TO OUR CLAIM NUMBER WHEN IgR~T~NG OR CALLING ,ABOUT THIS CLAIM Shareholder Owned Companies Not Affiliated W/th The U.S. Government CLLi4 Knauer & Associates, LSC Attorneys-at-kaw 411 A East Main Street, Mechanicsburg, Pennsylvania 17055 Telephone: (717) 795-7790 David W. Knauer Fax: (717) 795~7793 Nathanael J. Byerly Emaih knauer@early, com June 20,2001 Heidi Paige Claims Examiner Geico Direct One GEICO Blvd. Fredericksburg, PA 22412-0001 Our Client: Audrey Sweeney Your Insured: Brian Sweeney Claim Number: 016120652-0101-021 Dear Mrs. Paige: We represent Audrey Sweeney for an Automobile accident that occurred on January 17, 2001. Please send all furore correspondence to our office. Thank you. DWK: bm Very truly yours, David W. Knauer \company\Sweeney\6-20-01 claims.ltr We are making this Reservation of Rights because you have failed to provide us with a statement regarding the facts of the loss. This issue may be resolved by contacting us m~d providing us the details of the loss and information regarding the injuries you sustained in tlfis loss. The service of this notice upon you does not deprive you of any rights you may have against the Company, and your acka~owledgment oftlfis notice shall not be considered a waiver of your rights under said policy or policies. Sincerely, Heidi Paige Claims Examiner 1-800-841-1003, extension 4623 CC.' David Knauer Brian Sweeney crv 1-800-841-3000 [] Governmen,~ Employees Insurance Company [] GE1CO General lns,urance Company [] GE1CO Indemnity Company [] GEICO Casualty Company [] Criterion ln~iurance Agency, Inc. (Colonial County Mutual Ins.) ONE GEICO BLVD. FREDERICKSBURG, VA 22q12-0002 Ms. Audrey Sweeney P.O. Box 2372 Mechanicsburg, PA 17055-0872 May B, 2001 CLAIM NUMBER: 0161206520101021 INSURED: Brian Sweeney LOSS DATE: 01/17/01 Dear Ms. Sweeney: We have received medical bills in regard to the above claim. Before we can consider payment of these bi.lis, we need the medical application form completed~ signed and returned to us. In case you misplaced the application previously sent to you, I am enclosing another one along with a return envelope. Upon receipt of the completed application, we will further consider your claim. Very truly yours, HEIDI PAIGE L567 CLAIMS DEPARTMENT l(800)Sql-iO03 extension GEICO INDEMNITY COMPANY ENC.: C258PA, E282 2O CL52 PLEASE REFER TO OUR CLAZM NUMBER WHEN WRITING OR CALL~NG ABOUT THIS CLAIM Shareholder Owned Companies N(>t Affiliated With The U.S. Government CLL14 GEICO · Government Employees Insurmme Company · GEICO General Insurance Comp~my · GEICO Indemnity Company · GEICO Casualty Company One CEICO Blvd. · Fredericksburg, VA June 29, 2001 AUDREY SWEENEY PO BOX 2372 MECHANICSBURG PA 17055 22412-0001 Certified Mail Return Receipt Requested CLAIM NUMBER: INSURED: DATE OF LOSS: 016120652 0101 021 Brian Sweeney 1/17/01 Dear Ms. Sweeney: With respect to the automobile accident on January 17, 2001 at Route 15, Dillsburg, PA in which Lois Drake was driving the 1997 Buick Century, you are hereby notified that the GEICO Indemnity Insurance Company in investigating and/or adjusting or attempting to adjust, and/or handling or defending any litigation growing out of this accident which occurred on January 17, 2001 at Route 15, Dillsburg, PA does not waive any of the Company's rights, nor any of its obligations under the policy. Condition 3 of the policy states: 3. ASSISTANCE AND COOPERATION OF THE INSURED The insured will cooperate and assist us, if requested: (a) (b) (c) (d) (e) (f) (g) in the investigation of the occurrence; in making settlements; in the conduct of suits; and in enforcing any right of contribution or indernnity against any legally responsible person or organization because of bodily injury or property damage; and at trials and hearings; in securing and giving evidence; and by obtaining the attendance of witnesses. Only at his own cost will the insured make a payment, assume any obligation or incur any cost other than for first aid to others. Shareholder Owned Companies Not Afl'ili~tted With The U.S, Government We are making this Reservation of Rights because you have failed to provide us with a statement regarding the facts of the loss. This issue may be resolved by contacting us and providing us the details of the loss and information regarding the injuries you sustained in this loss. The service of this notice upon you does not deprive you of any rights you may have against the Company, and your acknowledgment of this notice shall not be considered a waiver of your rights under said policy or policies. Sincerely, Heidi Paige Claims Examiner 1-800-841-1003, extension 4623 CC: David Knauer Brian Sweeney cfv ~ (;.vcrnment Employees Insurance Company ~ GEICO General lnsumncc Ct~mpany [] GEICO Indemnity Company [II GEICO Casualty Company [] Cri£crion lnsun~nce Agency, Inc. (Colonial County Mutual Ins.) ONE GEICO BLVD. FREDER ICKSBURG~, VA 22412-0002 Ms. Audrey Sweeney P.O. Box 2.~72 Mechanicsburg, PA 17055-0872 March 29, 2001 CLAIM HUMBER: 0161206520101021 INSURED: Brian S~eene}! LOSS DATE: 01/17/01 have rece/ved notlce that you may have been injured Jn an acc&dent~ which occurred on the above date. If you were 1njured and intend to f.~le a claim, it Js necessary that you complete the enclosed "Pennsylvan.ia Hotor Vehlcle Insurance Act Application for ~JenefJts" form, sign at all places indJ. cated, and return the form 'to GEICO INDEMNITY COMPANY as soon as possible. If you do not intend to present a claim, please J. nd:[cate "t'lo Claim" and return the form in 'the envelope provided. NOTE: Do not delay returning the forms because you do not have ALL the informatJ, on requested. Further J.n'l:ormation may be supplied at a later date, if necessary. No benefits can be processed until we have received the completed apPlicatlon. PLEASE RETURN TH]:$ LETTER WITH YOUR APPL]:CAT~ON 3:.N THE ENVELOPE PROV~:DED. If you have any quest&ons~ please fee]L free to contact me. Very truiy ~ollrs~ HEIDI PAIGE L367 CLAIMS DEPARTHEN'r 1(800)8q1-1003 extension q623 GEICO INDEMNITY COMPANY ENC.: C26qYY, C255PA~ C257PA, C258PA, E282 2O CL19'7PA PLEASE REFER TO OUR CLA:IM FIUbIBER WHEN WR:[T'rNG OR CALLING ABOUT THTS CLAZM Sh:n-eholder Owned Companies N~t Affiliated With The U.S. Government CLLI6 GEICO [] Government Employees Insurance Company [] GEICO General Insurance Company [] GEICO Indemnity Company [] GEICO Casualty Company ~. One GEICO Blvd. [] Fredericksburg, VA 22412-0001 August 16, 2001 KNAUER AND ASSOCIATES ATTN DAVID W KNAUER 411 A EAST MAIN ST MECHANICSBURG PA 17055 CLAIM NUMBER: INSURED: DATE OF LOSS: YOUR CLIENT(S): 016120652-0101-021 Brian Sweeney 1/17/01 Audrey Sweeney Dear Mr. Knauer: This letter is to aclmowledge receipt of the application for benefits for Personal Injury Protection (PIP) coverage for Ms. Sweeney under Brian Sweeney's policy. Unfortunately we still need a completed Affidavit of no insurance from Ms. Sweeney in order to consider her medical bills that we have on file for payment. Enclosed you will find another Affidavit for your review. We would also like to Idndly request a recorded statement from Ms. Sweeney regarding the injuries that she sustained in this loss tu~d an update for her current treatment status. Your continued cooperation in this matter is greatly appreciated and should you have any questions please do not hesitate to contact me at the number below. Sincerely, Heidi Paige Claims Examiner (540) 286-4623 cc: Audrey Sweeney swp Shareholder Owned Comp~mies Not Affiliated With The U,S, Government GEICO · Government Employees Insurance Compmay · GEICO General Insurance Company · GEICO Indemnity Company · GEICO Casualty Company One GEICO Blvd. · Fredericksburg, VA AUDREY SWEENEY P O BOX 2373 MECHANICSBURG PA 17055 22412-0001 CLAIM NUMBER: 016120652-0101-021 AFFIDAVIT OF NO INSURA_NCE This will certify that I, ., residing at have no liability or No- Fault Insurance of any kind which is applicable to a certain loss occurring on I also certify that I do not own any automobiles. My driver's license number is State My social security number is I furth, er certify that atthe time oi'~e loss of I did ~reside with arry~x~ who had in effect a policy of insffrance for liability or No-Fault Insurance. / /// (Signature in Full)/ Date: Sworn to before me this ~, Notary Public I Amy Knauer, Notary Public I My commission expires: I M~har~burg Borough, County of Cumb~land [ [ My Commission Expires Jan. 25, ;.~005 I Shareholder Owned Companies Not Affiliated With The U.S. Government [] Government Employee3 Insurano~.~ Comp my [] GEICO General Insurance Company l[ GEICO Indemnity Company [] GEICO Casualty Compm~y One GEICO Blvd. [] Fredericksburg, VA 22412-0001 SEPTEMBER 7, 2001 MS AUDREY SWEENEY 11 S CHESTNUT STREET MECHANICSBURG, PA 17055 CLAIM NUMBER: 016120652-021 DATE OF LOSS: 01/17/01 Dear Ms Sweeney: One of GEICO's obligations is to assure medical benefits paid on your behalf accurately reflect services provided and are in accordance with scheduled allowances for the state in which services were rendered. As we explained in our initial letter to you, medical bills are reviewed to deter- mine if the charges for treatment are reasonable for the geographical area in which the treatment was rendered. We have reviewed the bills and our findings are enclosed for your information. Any subsequent bills will be reviewed in the same mmmer. Should there be a dispute with the findings, we are requesting a response from your provider(s) within 30 days. Additionally, should you receive a bill for the balance of a payment benefit, please send it to us fbr handling. Should you have any additional questions regarding your claim, please contact your adjuster, Heidi Paige, at 1-800-841-1003, extension 4623. Sincerely, Claims Department cc: Attorney Sharelmlder Owned Companies Not Affilk~tc;d With The U.$, Government IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons for the above nan~ed matter. Date: February 1 O, 2003 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. Knaner, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 41 I-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 AUDREY A. SWEENEY, Plaintiff Vo BETH ANN WHITE, Defendant IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3226 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of February, 2003, upon consideration of Plaintiff's Motion for Special Order Directing the Method of Service, Motion To Compel and Motion for Sanctions, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Jeffrey T. McGuire, Esq. Ray J. Michalowski, Esq. 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant ~sfey oler~ · ~ :rc AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-3226 CIVIL TERM DEFENDANT'S ANSWER TO MOTION FOR SPECIAL ORDER DIRECTING THE METHOD OF SERVICE, MOTION TO COMPEL AND MOTION FOR SANCTIONS Admitted. Admitted. Denied as stated. It is admitted that GEICO Insurance Company insured Brent D. Alford in this matter and that Beth Ann White, as the driver of Mr. Alford's insured vehicle, is covered by the same policy of insurance in this matter. It is further admitted that conversations and correspondence were exchanged between Plaintiff's attorney and GEICO, the specifics of which are unknown at this time. It is admitted that Exhibits "A" and "B" are attached and purport to be letters to Kimberly Gouldman at GEICO Direct. Admitted. It is admitted that written and telephone contacts between GEICO and Plaintiff' s counsel have occurred, the extent of which are unknown at this time. Admitted in part. It is admitted that Dina Bluhm is the current adjuster assigned to this claim. It is further admitted that Plaintiff's counsel on at least one occasion asked Dina Bluhm for the client's address which she was not authorized to provide. o 11. 12. Admitted. By way of further answer, MS. Bluhrn was not authorized to provide the Defendants' addresses. Admitted. It is admitted that Plaintiff filed a prior Motion for Service by Publication and an Affidavit therewith. Admitted in part. It is admitted that Pa.R.C.P. No. 430 includes the quoted language. The remaining averments of this paragraph are denied. Admitted. Admitted in part. It is admitted that Exhibit "C" is a time-stamped dated Affidavit. The remaining averments of this paragraph are denied. Admitted in part. It is admitted that a copy of the Motion was provided to Ms. Bluhm. The remaining averments of this paragraph are hereby denied. By way of further answer, it was upon receipt of the Motion that the undersigned was retained by GEICO to represent the Defendants in this matter. Admitted in part. It is admitted that the undersigned provided a letter dated November 20, 2002, to Plaintiff's counsel, a copy of which is attached hereto as Exhibit "A". By way of further answer, Plaintiff's counsel left out the portions of the November 20, 2002, correspondence wherein the undersigned indicated that we would be opposing the Motion for Service by Publication, that I did not have authority to accept service on my clients' 2 13. 14. 15. behalf, and I did not intend to seek such authority based upon the information that I had at that time. Admitted. By way of further answer, the undersigned entered his appearance in this matter reserving Defendant's objection to original service of process. See time-stamped copy of counsel's entry of appearance which is attached hereto as Exhibit "B". Denied as stated. On or about December 4, 2002, Plaintiff' s counsel did telephone the undersigned to schedule a deposition or depositions in this matter. At the time of the telephone call Plaintiff' s counsel did not know the name of defense counsel's clients. The undersigned had not yet received the claim file in this matter, nor had he spoken with his clients. He made it clear to Plaintiff's counsel that he was merely providing a date on which he was available for deposition and that counsel would have to properly schedule and notify the deponents. Undersigned counsel never agreed to produce any witnesses on that date. Denied as stated. It is admitted that Plaintiff' s counsel hand delivered copies of Requests for Production of Documents, Interrogatories and a Deposition Notice for Ms. Dina Bluhrn, or other designated representative of the Defendants' insurer. It is specifically denied that these documents were properly served by hand delivering to the undersigned as the undersigned had clearly advised counsel he had no authority to accept service on 16. 17. 18. 19. 20. behalf of his clients. If is further specifically denied that there was a "pre-requisite notice pursuant to Pa.R.C.P. No. 4009.22 to request the Prothonotary to issue a subpoena." Admitted. Denied. The averments of this paragraph are conclusions of law to which no answers need be made. By way of further answer, the undersigned does not represent the insurance company, merely the insureds. Admitted. Denied. The undersigned did not know what case Attorney Knauer was calling about because Attorney Knauer did not know the name or names of the undersigned's clients. The undersigned has numerous files and receives new files on a weekly basis. The undersigned still had not received the claim file in this matter and on a previous occasion specifically told Plaintiff's counsel he did not have authority to accept service. It is admitted that the undersigned has only one other matter with Plaintiff's counsel. Denied as stated. It is admitted that Plaintiff's counsel's correspondence dated December 13, 2002, indicated that Attorney Knauer would be out of the office on vacation until December 23, 2002. Upon receipt of the December 13, 2002, letter, the undersigned called Plaintiff's counsel's office and spoke with his secretary Beth concerning the alleged pre-requisite to service of a subpoena which was attached to the December 13, 2002, letter. By way of further answer, according to the letter and the documents 4 attached, the Plaintiff filed a certificate pre-requisite to service of a subpoena pursuant to Rule 4009.22 indicating that a notice of intent was attached to the certificate and that it had been served upon the undersigned. No notice of intent was ever served upon the undersigned and on that basis the undersigned contacted Beth at Attorney Knauer's office and advised her that the undersigned would be objecting to the subpoena and filing a motion to strike the certificate pre-requisite to service of the subpoena. A copy of the Motion was forwarded to Plaintiff's counsel on December 18, 2002. A copy of that correspondence is attached as Exhibit "C". On December 26, 2002, Plaintiff's counsel called and left a voice mail message that the subpoena would be withdrawn and made no mention that he expected that there would be a deposition on December 30, 2002. Therefore, the undersigned did not file the Motion to Strike Certificate Pre-Requisite of Subpoena Pursuant to Rule 4009.22 which was prepared and ready to be filed. Plaintiff's counsel next sent a fax later on December 27 at 5:04 p.m., Friday evening after the undersigned had left the office stating that "This confirms the message I left on December 26, 2002, with your office that I will not subpoena Ms. Dina Blumh. However, I call to your attention that the Deposition Notice also was a corporate representative notice and that deposition has not been canceled." The undersigned did not return to the office until Monday, December 30, 2002, at which time he received the fax from Plaintiff's counsel. In response to the December 27th fax, the undersigned forwarded a fax on December 30, 21. 22. 2002, indicating that I was confused as to how a deposition could be taking place when nobody has been properly served with a notice or subpoena. A copy of the fax is attached hereto as Exhibit "D". It is specifically denied that on December 26th Plaintiff's counsel spoke with Ray J. Michalowski, Esquire. On December 26th a message was left on the undersigned's voice mail only concerning the canceling of the subpoena and the fact that the Motion to Strike Certificate Pre-Requisite to Service of a Subpoena was no longer necessary. The telephone call to Ray J. Michalowski, Esquire, by Plaintiff's counsel took place on Friday, December 27th late in the afternoon after the undersigned had left the office. The answer to paragraph 20 above is incorporated herein as if more fully set forth. As indicated above, there was a message left by Plaintiff's counsel on the undersigned's voice mail on December 26th which did not have any indication that the deposition notice called for a corporate representative. On December 27th, for the first time, Plaintiff' s counsel brought that to the attention of Ray J. Michalowski late in the afternoon after the undersigned had left the office and followed-up that conversation with a fax on Friday, December 27 at 5:04 p.m., after the undersigned had left the office. Denied as stated. The undersigned as stated above entered his appearance without waiving service. The undersigned also agreed that he was available on December 30, 2002, for deposition but did not agree to accept service of any notices of depositions or 6 23. 24. 25. 26. 27. subpoenas nor did he agree that he would present a witness. It is admitted that Defendant did file for a protective order. It is specifically denied that a protective order was required in this instance because there was no service on the Defendant. Denied as stated. By way of further answer, Defendant admits that the undersigned counsel did not appear at the deposition. As stated above, defense counsel had indicated to Plaintiff's counsel that no deposition would be taking place. Denied as stated. It is admitted that Plaintiff's counsel contacted the undersigned on December 30, 2002, around the time of the deposition. It is admitted that no objections were filed, that it was the undersigned's understanding that no representative would appear, that the undersigned represents the Defendants not GEICO, the Defendants' have not authorized me to accept service, and that the undersigned has his clients' address. However, no copy of the deposition transcript has been attached. MOTION FOR SANCTIONS No answer required. No answer required. Denied. The Plaintiff's counsel hand delivered Interrogatories and Request for Production of Documents on the Defendant's counsel who was not authorized to accept service and did not accept service of the Interrogatories and Request for Production. The Interrogatories and Request for Production have not been. served. 7 28. Admitted in part. It is admitted that defense counsel confirmed he would be available on December 30 and subsequently Plaintiff served a Notice of Deposition for the adjuster or a corporate representative on the undersigned. It is denied that the undersigned ever agreed that he would present such a witness or that he had authority to accept service on their behalf. 29. Admitted. 30. Denied. The Defendants, GEICO and the undersigned are not concealing the whereabouts of the Defendants. We are however, not revealing their current address. There is a distinction. If Plaintiff makes a good faith effort he will locate the Defendants. 31. Denied as stated. It is admitted that there is a court reporter's bill attached to Plaintiff's Motion. It is denied that the Defendants were under any obligation to attend the deposition. By way of further answer, it was not the Defendants' deposition. 32. Denied as stated. It is admitted that Exhibit "G" purports to be a bill for professional services. 33. Admitted. 34. Denied. WHEREFORE Answering Defendant requests that the Motion for Sanctions be dismissed. MOTION FOR SPECIAL ORDER DIRECTING THE METHOD OF SERVICE 35. No answer required. 36. Denied. Answering Defendant is without sufficient knowledge to affirm or deny this entire averment. By way of further answer, the actions allegedly undertaken by Plaintiff's counsel do not meet the good faith requirements under statute or case law. By way of further answer, the attempts to locate the Defendants are inadequate. An adequate search for the Defendants would reveal their current addresses. It is unclear why the Plaintiff's counsel believes that a search in metropolitan Harrisburg, Dauphin County or Cumberland County would reveal any information about the Defendants. The description of the "internet addresses" is inadequate. To advise this Honorable Court what search took place it should be noted that searching www.anywho.com would require you to know the state you are searching in unless you searched every state. A search of www.yellowpages.com would reveal the location and telephone number of businesses but not individuals. A search of www. classmates.com also requires state information unless you search every state. Calling the Post Office is not sufficient to obtain address information from the Post Office. The Post Office requires payment plus a written request. 39 CFR 265.5(d)(1); 39 CFR 265.6(d)(5)(ii). WHEREFORE, Answering Defendant respectfully requests that the Motion for Special Order Directing the Method of Service be denied. MOTION TO COMPEL DIRECTED TO THE DEFENDANTS AND THEIR COUNSEL TO PROVIDE THE DEFENDANTS' ADDRESSES 37. No answer required. WHEREFORE, Answering Defendant requests that this Honorable Court dismiss Plaintiff's Motion to Compel. Dated: Respectfully submitted: CALDWELL & KEARNS mey T- McGuire, Esquire I.D. #73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant 10 CARL G. WASS JAMES R. CLIPPINGER CHARLES J. D£HART, III JAMES D. CAMPBELL. JR. JAMES L. GOLDSMITH JEFFREY T. McGUIRE' STANLEY J. A. LASKOWSKI DOUGLAS K. HARSICO BRETT M. WOODBURN DOUGLAS E. HERMAN RAY J. MICHALOWSKI eALSO A MEHBER OF NJ BAR CALDWELL ~ KEARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 November 20, 2002 OF COUNSEL RICHARD L. KEARNS THOMAS D, CALDWELL. JR. II9;' 8- ;) 001} 717 - ~.3~, - 7661 FAX: 717 - ;~ 3~* ~.766 thefirm~caldwellkearns.com David W. Knaucr, Esquire David W. Knaucr, P.C. 411-A East Main Street Mechanicsburg, PA 17055 Re.' Sweeney v. White Sweeney v. Alford Dear David: Please be advised that GEICO insurance company has retained me to represent Mr. Alford and Ms. White in the suits that you have filed against them. Please advise me upon what basis you believe there would be any liability against Mr. Alford. I have not yet received the insurance file, but it is my understanding that this was a rear- end accident, that Ms. White was driving the vehicle, and that Mr. Alford was a passenger and merely owned the vehicle in this case. Based upon this information, it appears likely that liability will not be contested with regard to Ms. White, but I will be seeking the dismissal of Mr. Alford. With regard to your motions to consolidate and for service by publication, please note that I would concur with your motion to consolidate these two actions; however, I would oppose your motion for service by publication. It seems, from my review of the case law, that you have not made a full good faith effort to locate and serve my clients in this case. I would strongly encourage you to make a real effort to locate them, as it should not be difficult. At this time, I do not have authority to accept service, nor do I intend to seek such authority based upon the information I currently have. David W. Knauer, Esquire November 20, 2002 Page 2 Please respond to the enclosed discovery in a timely fashion in accordance with the Pennsylvania Rules of Civil Procedure. Very truly yours, Jeffrey T. McGuire CALDWELL & KEARNS JTM:dlj Enclosures 02-843/48866 AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, · Defendant · JURY TRIAL DEMANDED · IN THE COURT OF COMMON PLEAS ' CUMBERLAND COUNTY, PENNSYLVANIA · NO. 3226-02 Civil PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Jeffrey T. McGuire, Esquire and Ray J. Michal0~ski, ~:~, Esquire, on behalf of Defendant, Beth Ann White, in the above-captioned matter reserving Defendant's objection to original service of process. Dated: CALDWELL & KEARNS cGuire, Esquire Attorney I.D. #73617 Ray J. Michalowski, Esquire Attorney I.D. #87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 02-843/48855 CERTIFICATE OF SERVICE AND NOW, thi ay of ,2002, I hereby certify that I have served a copy of the within document on the following by depositing a tree and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 CAL~(~ELL & KEARNS AUDREY A. SWEENEY, Plaintiff VS. BRENT D. ALFORD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2814-02 Civil : : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Jeffrey T. McGuire, Esquire and Ray J. Michalowski, Esquire, on behalf of Defendant, Brent D. Alford, in the above-captioned matter reserving Defendant's objection to original service of process. CALDWELL & KEARNS By: ~om)~ T. McGuire, Esquire ey I.D. #73617 Ray J. Michalowski, Esquire Attorney I.D. #87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Dated: 02-843/48855 CERTIFICATE OF SERVICE AND NOW, ibis f-~0'~day of ~k~L~~ ' , 2002, I hereby certify that I have served a copy of thc within document on the following by depositing a true and correct copy of the same in thc U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: David W. Knaucr, Esquire David W. Knaucr, P.C. 411-A East Main Street Mechanicsburg, PA 17055 CALDWELL & KEARNS CARL G WASS JAMES R CLIPPlNGER CHARLES J. D£HART, Ill JAMES D. CAMPBELL. Jr JAMES L. GOLDSMITH JEFFREY T. McGUIRE' STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN DOUGLAS E. HERMAN RAY J, MICHALOWSKI 'ALSO a MEMBER OF NJ BAR David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 CALDWELL ~( KEARNS A PROFESSIONAL CORPORATION ATTORNEYS at LAW 3'631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 December 18, 2002 OF COUNSEL RICHARD L. KEARNS THOMAS D. CALDWELL. JR. 11928 - 2001) thefirm@caldwellkearns.corn Re: Sweeney v. White Dear David: Enclosed please find a Motion to Strike Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, which I intend to file in the above matter ifI do not hear from you. Unfortunately, with the holidays, there is not a lot of time to review this. Therefore, ifI do not hear from you by December 26th, I will assume you do not concur with the Motion and I will then file it. Very truly yours, Jeffrey T. McGuire CALDWELL & KEARNS JTM:dlj cc: Dina Bluhm (Claim No. 015357580-0107-019) 02-843/50049 CARL G. WASS JAMES R. CLIPPINGER CHARLES J. D£HART. III JAMES D. CAMPBELL. JR. JAMES L. GOLDSMITH JEFFREY T. McGUIRE' STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN DOUGLAS E. HERMAN RAY J. MICHALOWSKI 'ALSO A MEMBER OF' NJ BAR David W. Knauer, Esquire via fax 795-7793 David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 CALDWELL ~ KEARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 December 30, 2002 Of COUNSEL RICHARD L. KEARNS THOMAS D. CALDWELL. JR. 11928 - FAX: 717 - ;~3~ - ~.766 thefirmOcaldwellkearns.com Re: Sweeney v. White Sweeney v. Alford Dear David: This morning I received your fax of December 27. I am confused by your belief that the Notice of Deposition you served on me for Dina Bluhm or a Geico representative would result in a deposition this morning. If you have had any contact with anyone at Geico about this deposition, please let me know because as far as I know they have not been served with the Notice, (I believe if they had been I would be one of the first people they would contact), Geico is not a party to this action and not subject to a Deposition Notice in this case, and I do not represent Geico as you know I represent Mr. Alford and Ms. White. The message relayed to me by my associate was basically that you believed I would be presenting a Geico representative this morning. As indicated above, I will not present a representative this morning, I don't think Geico even knows about your scheduled deposition, I don't think they have been served with a notice, I don't think they are subject to a notice of deposition, I'm under no obligation to present a corporate representative and know of no reason why I should. I don't represent Geico in this matter I represent its insureds Mr. Alford and Ms. White. JTM:dlj yours, iG&uire KEARNS cc: Dina Bluhm (Claim No. 01535750-0107-019) 02-843/49682 CERTIFICATE OF SERVICE AND NOW, thisc~ ' day of '~~~- ,2003, I hereby certify that I have served a copy of the within document on the following by depositing a tree and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 CALDWELL & KEARNS By~ Y~~ 52363 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR ORDER TO COMPI=L ON THE ALTERNATIVE MOTION FOR HEARIN~ 1. On February 19, 2003, the Honorable J. Wesley Oler, Jr. issue a rule to show cause why the relief the Plaintiffs requested in their Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions should not be granted. 2. Under Certificate of Service dated February 28, 2003, the Defendants filed their response to the aforesaid rule with their pleading Defendant's Answer to Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions. 3. On March 6, 2003, the Plaintiff lodged her brief in support of her aforesaid motion. 4. In the alternative, the Plaintiff moves that Your Honorable Court issue an order to compel the Defendant to provide the Defendants' addresses to the Plaintiff or in the alternative order service on the Defendants by serving the Defendants' counsel and insurer GEICO with original process or schedule a hearing on the above Plaintiff's aforesaid motion. 5. The Plaintiff has been reissuing the writ of summons within every thirty- day period as required by Pa.R.C.P. No. 401. WHEREFORE, in the alternative, the Plaintiff moves that Your Honorable Court issue an order to compel the Defendant to provide the Defendants' addresses to the Plaintiff or in the alternative order service on the Defendants by serving the Defendants' counsel and insurer GEICO with original process or schedule a hearing on the above Plaintiff's aforesaid motion. Date: March 6, 2003 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY Beth Ann White Defendant No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 6th day of March, 2003, serve a true and correct copy of the Plaintiff's Motion For Order To Compel On The Alternative Motion For Hearing by United States mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 r, E~qu~re Attorney for Plaintiffs ID No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN TIlE COURT OF COMMON PiLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff VS. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons for the above named matter. Date: March 5, 2003 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W~2nau'er, Esquire Attomey for Plaintiff Attorney I.D. iNo. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-779'0 AUDREY A. SWEENEY, · Plaintiff · BETH ANN WHITE, · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3226 CIVIL TERM ORDER OF COURT AND NOW, this l0th day of March, 2003, upon consideration of (a) Plaintiff's Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions, (b) Defendant's Answer to Motion for Special Order Directing the Method of Service, Motion To Compel and Motion for Sanctions, and (c) Plaintiff's Motion for Order To Compel on the Alternative Motion for Hearing, it is ordered and directed as follows: 1. Plaintiff's Motion for Special Order Directing the Method of Service is granted, and service of the writ of summons in this case may be made by (a) publication once in a newspaper of general circulation in Cumberland County, Pennsylvania, and in the Cumberland Law Journal3 (b) first class mail addressed to Dina Bluhn, Claims Adjuster, Geico Direct, ()ne Geico Plaza, Washington, D.C. 20076-0001, (c) first class mail addressed to Jeffrey T. McGuire, Esq., 3631 North Front Street, Harrisburg, PA 17110, and (d) first class mail addressed to Defendant at the address given for her on the police report. 2. Nothing herein is intended to impose any legal obligation upon either Geico or Mr. McGuire; however, upon Plaintiff's filing of a proof of service in accordance with the terms of paragraph 1, Defendant shall be deemed to have been served with original process. 3. All other relief is denied at this time. David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Jeffrey T. McGuire, Esq. Ray J. Michalowski, Esq. 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant BY THE COURT, '~/W y ~;2~., ~ ,j. irc AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, Defendant ' IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-3226 Civil · JURY TRIAL DEMANDED MOTION FOR RECONSIDERATION OF THE ORDER OF COURT DATED MARCH 10, 2003 AND NOW, comes the Defendant, Beth Ann White, by and through her attorneys, Caldwell & Kearns, and files the within Motion for Reconsideration, and in support thereof, avers as follows: 1. On or about March 10, 2003, this Honorable Court issued an Order in the above- captioned matter. A true and correct copy of this Order is attached as Exhibit "A". 2. The Order was issued before Defendant filed a Brief in reply to Plaintiff's Brief, and without a hearing or argument. 3. The issue before the Court was whether Plaintiff was entitled to alternative service as set forth by Pa.R.C.P. 430. 4. In Adoption of Walker, 468 Pa. 165,368 A.2d 603 (1976), the Supreme Court held that it is necessary that the plaintiffs make a "good faith effort" to discover the correct address of the defendants before leave would be granted to effectuate substituted service of process. The Plaintiff has made some effort to locate the Defendant's address, but has failed to make a "good faith effort". 6. The Note to Rule 430(a) states "An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records". 7. Plaintiff filed an Affidavit with the original Motion indicating the efforts made to locate Defendant's address. A true and correct copy of this Affidavit is attached as Exhibit "B". 8. Plaintiff filed a further Affidavit with her most recent Motion. A true and correct copy of this Affidavit is attached as Exhibit "C". 9. The Affidavit filed by Plaintiff does not demonstrate any of the methods indicated by the Note to Pa.R.C.P. 430(a). 10. This action was instituted by Writ of Summons on July 8, 2002. 11. This action stems from an automobile accident, which occurred on January 17, 2001. 12. The Writ of Summons has been reissued on a fairly regular basis; however, not always within thirty (30) days of the last re-issuance. 13. Plaintiff originally filed a Motion to Consolidate and a Motion for Service by Publication on November 13, 2002. 14. On or about November 21, 2002, the undersigned entered his appearance, expressly reserving the issue of service of process in order to respond to the Motion for Service by Publication. 15. The first Motion for Service by Publication and the Motion to Consolidate were denied by the Honorable Edward E. Guido on or about November 25, 2002. 16. Plaintiff filed her Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions on or about February 3, 2003. 17. This Honorable Court issued a Rule to Show Cause on or about February 19, 2003, with the Rule retumable within twenty (20) days of service. 18. Answering Defendant filed an Answer to the Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions on or about March 3, 2003. 19. It appears that Plaintiff provided a Brief in Support of Plaintiff's Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions to the Court Administrator's Office on or about March 6, 2003. 20. This Court entered its Order, in part, granting the Plaintiff's Motion on or about March 10, 2003 before Defendant filed a Brief in reply to Plaintiff's Brief. WHEREFORE, Defendant, Beth Ann White, requests this Honorable Court to reconsider its Order of March 10, 2003, stating enforcement of the Order u~atil further hearings, and deny Plaintiff's Motion for Special Order Directing the Method of Sea,vice, Motion to Compel and Motion for Sanctions. Dated: Respectfully submitted, By: CALDWELL & KEARNS 361 1 North Front Street Harrisburg, PA 17110 (717) 233-7661 CERTIFICATE OF SERVICE I hereby certify that on this date I have served a copy of the within document on the following by depositing a tree and correct copy of the same in tlhe U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 CALDWELL & KEARNS; 53950 AUDREY A. SWEENEY, · Plaintiff · BETH ANN WHITE, · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ' LAW NO. 02-3226 CIVIL TERM ORDER OF COURT AND NOW, this l0th day of March, 2003, upon consideration of (a) Plaintiff's Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions, (b) Defendant's Answer to Motion for Special Order Directing the Method of Service, Motion To Compel and Motion for Sanctions, and (c) Plaintiff's MOtion for Order To Compel on the Alternative Motion for Hearing, it is ordered and directed as follows: 1. Plaintiff's Motion for Special Order Directing the Method of Service is granted, and service of the writ of s. ummons in this case may be made by (a) publication once in a newspaper of general circulation in Cumberland County, Pennsylvania, and in the Cumberland Law Journal~ (b) first class mail addressed to Dina Bluhn, Claims Adjuster, Geico Direct, One Geico Plaza, Washington, D.C. 20076-0001, (c) first class mail addressed to Jeffrey T. McGuire, Esq., 3631 North Front Street, Harrisburg, PA 17110, and (d) first class mail addressed to Defimdant at the address given for her on the police report. 2. Nothing herein is intended to impose any legal obligation upon either Geico or Mr. McGuire; however, upon Plaintiff's filing of a proof of service in accordance with the terms of paragraph 1, Defendant shall be deemed to have been served with original process. 3. All other relief is denied at this time. David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff ey T. McGuire, Esq. J. Michalowski, Esq. North Front Street Harrisburg, PA 17110 Attorney for Defendant BY THE COURT, ~/-esley O~~~,- ,j. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant Audrey A. Sweeney Plaintiff Vs. Brent D. A/ford Defendant COURT OF COMMON P.,_~EAS CUMBERLAND COUNT~:' ~': No. ;3226-02 civil ::-, -,~ JURY TRIAL DEMANDED7 ' COURT OF COMMON PLEAS CUMBERLAND COUNTy No. 2814-02 civil JURY TRIAL DEMANDED A__FFIDAVIT AS TO DEFENDANT BETH ANN WHITE & BRENT D. ALFORI') 1. The Plaintiff commenced the above action by' Praecipe of Writ of Summons. 2. The Plaintiff has provided the Sheriff with the addresses of the Defendant plus the passenger/owner listed on the policE; report. 3. The Sheriff attempted to make service on the Defendants at the address listed on the police report. The Sheriff was unsuccessful in serving the Defendants. 4. The Plaintiff has unsuccessfully utilized the internet to attempt to locate the Defendants. 5. The Plaintiff's counsel's office located a: Beth Anne White, with an address of 218 Park Avenue, New Castle, Pennsylvania and Plaintiff's undersigned counsel attempted to contact her on November 6, 2002 to determine if she was the same Beth Anne White involved in the accident that gave rise to the above action. He was unsuccessful. 6. The Plaintiff's counsel's office located a, Brent D. A/ford, with an address of 910 4th Street, New Cumberland, Pennsylvania, and Plaintiff's undersigned Counsel attempted to contact him on November 6, 2002 to determine if he was the same Brent D. AIford involved in the accident that gave rise to the above action. He was unsuccessful. 7. GEICO, the Defendant's insurance company for automobile insurance has been in contact with the Plaintiff's counsel and has confirmed that it had insurance coverage for the accident. 8. On SeptemSer 20, 2001, Ms. Kimberley Gouldman, a GEICO adjuster, contacted the Plaintiff's counsel. By letter of the aforesaid date, Plaintiff's counsel confirmed the call and noticed the insurer that Pie was representing the Plaintiff. The Plaintiff marks as Exhibit "A", attaches her,ato and incorporates herein by reference thereto a true and correct copy of said letter. 9. By letter dated June 10, 2002, Plaintiff's counsel provided Ms. Gouldman with a copy of the writ of summons in this casE:. The Plaintiff marks as Exhibit "B", attaches hereto and incorporates herein by reference thereto a true and correct copy of said letter. 10. Within the approximate last thirty days, the Plaintiff's counsel has received telephone calls from GE'lC:O's adjuster, Ms. Dina Bluhm, who has contacted Plaintiff's Counsel with respect to settlement. When she called, on both Occasions, the Plaintiff's Counsel has requested the address of her insured's and she has refused to provide same. 11. By letter dated November 11, 2002, Plaintiff's counsel provided a copy of the within motion to the aforesaid GEICO adiusters' The Plaintiff marks as Exhibit "C", attaches hereto and incorporates herein by reference thereto a true and correct copy of said letter. L~aV~d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. A/ford Defendant COURT OF COMMON PLEAs CUMBERLAND COUNTY No. 2814-02 civil JURY TIRIAL DEMANDED SUPPLEMENTAL AFFIDAVIT AS TO DEFENDANT BERTH A BRENT D. ALFORD r~c: I H ANN WHITE & Since Judge Guido's aforesaid Order of November 25, 2002, the Plaintiff has taken the following actions to attempt to serve the Defendants since the Affidavit was originally filed: a.) prepared and served interrogatories and requests for production of documents; b.) scheduled and held a deposition; c.) checked telephone books in metropolitan Harrisburg; d.) called VOter registration offices in Dauphin County and Cumberland County; e.) called two North Carolina post offices for current addresses and/or forwarding addresses; f.) contacted the Pennsylvania Department of Transportation, Bureau of Motor Vehicles to determine if the Defendants had any vehicle registration or drivers' licenses; 9.) checked the following internet addresses: 1. ~ho .corn; 2. ~'~pages.com; 3. ~pages.com; 4. www. classmates.com; h.) obtained an address for a Beth Ann White ir~ Lawrence County, Pennsylvania and had deputized service on her by the Sheriff of Lawrence County but determined that the Beth Ann White in Lawrence County was not the Defendant of the same name in this action; L) Obtained an address for a Brent Alford in Dauphin County, Pennsylvania and had deputized service on him by the Sheriff but determined that the Brent AIford in Dauphin County Was not the Defendant of the Same name in this action; J.) learned that defense COUnsel has the addresses of both Defendants but refuses to divulge those addresses; k.) filed a motion to COmpel on the Defendants to provide answers to the Plaintiff's interrogatories and requests for product/on of documents; I.) filed a motion for sanctions. The Affiant has either personally performed the above Work or the Affiant's secretary has performed portions of the aforesaid work Under the Affiant's direction. The Attaint sa/th not further. Date: February 4, 2003 Respectfully SUbmitted, KNAUER & ASSOCIATES, L.S.C. ~orney for Plaintiff ~u.,,. Attorney I.D. No. 21582 411-A East Main Street [vlechanicSburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY Vs. Beth Ann White Defendant No. 3226-02 ciVil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 4th day of February, 2003, serve a true and correct copy of the Motion for Special Order Directing the Method Of Service, Motion to Compel, and Motion for Sanctions by United States mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs ID No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT Of COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY ']'RIAL DEMANDED' Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT Of COMMON PLEAS CUMBIERLAND COUNTY No. 2814-02 civil JURY '['RIAL DEMANDED PROOF OF SERVICI:; 1. The Honorable J. Wesley Oler, Jr. entered an Order dated March 10, 2003 granting Plaintiffs Motion for Special Service Order Directing the Method of Service. 2. The Plaintiff marks as Exhibit "A", attaches hereto and incorporates herein by reference thereto a true and correct copy of the following documents: a.) Certified copy of the advertisements Judge Oler's Order directed to be placed in the Carlisle Sentinel and the Cumberland Law Journal; b.) Copies of cover letters sent first class mail as. Judge Oler directed to the following individuals: 1. Defendant Beth Ann White with :the address set forth in the police report as 3310 Winston Blvd., Wilmington, NC 28403; 2. Defendant Brent D. Alford with the address set forth in the police report as 3310 Winston Blvd., Wilmington, NC 28403; 3. Jeffrey T. McGuire, Esquire, with an address of 3631 North Front Street, Harrisburg, PA 17110; 4. Ms. Dina Bluhn, Claims Adjuster, Geico Direct, One Geico Plaza, Washington, D.C. 20076-0001; 3. The Plaintiff marks as Exhibit "B", attaches hereto and incorporates herein by reference thereto a true and correct copy of the following documents of four Postal Form 3817 Proof of Mailing as to each indMdual and to each address set forth in paragraph 2 herein. 4. The Plaintiff marks as Exhibit "C", attaches hereto and incorporates herein by reference thereto a true and correct copy of the bills for advertisement for service of original process pursuant to Judge Oler's aforesaid Order as follows: a.) Carlisle Sentinel $143.15; b.) Cumberland Law Journal $63.55. Date: April 21, 2003 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. 'David V~.~nauer, ' ' squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 2 State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Lori Saylor, Classified Advertising Manager _of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication March 18, 2003 that he is not interested in of llhe aforesaid notice or and that all allegations in the as to time, place and character are true,. ,.._/ March 19, 2003 subscribed before me this 19th March 2003. Notary Public My commission expires: SHIRLEY O. DURNIN, Notary Public Carlisle Boro. Cumberland County My Corem ssion Expires Aug_.. 9, 2003 PROOF OF PUBLICATION OF ]NOTICE IN CUMBERLAND LAW JOURNAL (UnderAct No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes a~td says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 21, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are C6yn~; Editor/ SWORN TO AND 'SUBSCRIBED before me this 21 day of MARCH 2003 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County, Pennsylvania No. 3226-02 civil Audrey A. Sweeney Plaintiff VS. Beth Ann White Defendant No. 2814-02 civil Audrey A. Sweeney Plaintiff VS. Brent D. Alford Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing In writing with the Court your defenses or objec- tions to the claims set forth against you. You are warned that ff you fail to do so the case may proceed with- out you and a judgment may be en- tered against you by the Court with- out 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 PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO N(Yr 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 LAWYER REFERRAL SERVICE Cumberland County Courthouse One Courthouse Square Carlisle, Permsylvania 17013 (717) 240-6200 DAVID W. I/NAUER, ESQUIRE Attorney for Plaintiff Attorney I.D. No. 21582 411-A Ea~st Main Street Mechanicsburg, PA 17055 (717) 795-7790 Mar. 21 Knauer ~ Associates, LSC Attorneys-at. Law 41 lA. East Main Street, Mech~nicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer Emaih knauer@earl .corn April 15, 2003 Jeffrey T. McGuire, Esquire Ray J. Michalowski, Esquire Caldwell & Keams 3631 North Front Street Harrisburg, PA 17110 Sweeney v. White, No. 3226-02 Sweeney v. Alford, No. 2814-02 Dear Mr. McGuire: Please find enclosed a copy of the Notice to Defend and Claim Rights, along with the Praecipe For Writ of Summons with Writ of Summons. Thank you. DWK: bm Enclosures CC: Audrey Sweeney Company\Sweeney\4_ 15-03 ~ltr Very truly yours, avid W. Knauer Knauer Associates, LSC Attorneys.at. Law 41 lA. East Main Street, Mechnnicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 David Vd. Knauer Email: knauer@earl .corn April 15, 2003 Ms. Dina Bluhm Claims Adjuster Geico Direct One Geico Plaza Washington, D.C., 20076-0001 Sweeney v. White, No. 3226-02 Sweeney v. Alford, No. 2814-02 Dear Ms. Bluhm: Please find enclosed a copy of the Notice to Defend ,md Claim Rights, along with the Praecipe For Writ of Summons with Writ of Summons. Thank you. DWK: bm Enclosures CC: Audrey Sweeney Company\Sweeney\4_ 15-03\ltr ye~t~ ly yours, David W. Knauer Knauer E~ Associates, LSC Attorneys-at. Law 41 lA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer Email: knauer@earl .corn April 15, 2003 Brent D. Alford 3310 Winston Blvd. Wilmington, NC 28403 Sweeney v. White, No. 3226-02 Sweeney v. Alford, No. 2814-02 Dear Ms. White: Please find enclosed a copy of the Notice to Defend and Claim Rights, along with the Praecipe For Writ of Summons with Writ of Summons. Thank you. DWK: bm Enclosures CC: Audrey Sweeney Company\Sweeney\4.15-03~ltr Very truly yours, David W. Knauer Knauer & Associates, LSC Attorneys-at. Law 41 lA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer Email: knauer@earl .corn ApfillS, 2003 Beth Ann White 3310 Winston Blvd. Wilmington, NC 28403 Sweeney v. White, No. 3226-02 Sweeney v. Alford, No. 2814-02 Dear Ms. White: Please find enclosed a copy of the Notice to Defend and Claim Rights, along with the Praecipe For Writ of Summons with Writ of Summons. Thank you. DWK: bm Enclosures CC: Audrey Sweeney Company\ S weeney\4 - 15-03 kltr ¥~y yours, oo 0000 Uo 0000 U.S. URG,PR U.S CUMBERLAND LAW JOURNAL 2 LIBERTY AVENUE CARLISLE, PA 17013 MA___~RCH 2/__{.,/.,/.,/.,/.~200~3 Cumberland Law Journal is published every Friday by the Cumberland County Bar Association and is designated by the Court of Common Pleas as the offic/al legal publication for Cumberland County and the legal newspaper for publication o~.~legal notices. TO: David W. Knauer, ESQUIRE RE: Sweeney vs White --- Sweeney vs Alford Legal advertisements must be received by Friday Noon. All legal advertising must be paid in advance. Make all checks payable to: Cumberland Law Journal. Advertisement inserted on following dates: MARCH 21, 2003 7~, Total Lines Printed -3___&_Lines for $ 60.00 /7// Lines at $1.55 Advertising.Cost $ 60.00 Additional per lines daarge $ 63.55 Second Proof Request Payment received Total Amount Due $ $ 60.00 $ 63.55 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT Of COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY ']'RIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 21st day of April, 2003, serve a true and correct copy of the Proof of Service by United States mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 ~vid V~.'l~nauer, Esquire Attorney for Plaintiffs ID No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3226 Civil : JURY TRIAL DEMANDED To.' Audrey A. Sweeney c/o David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service hereof, or judgment of non pros will be entered against you. Prothon~ ~ AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-3226 Civil · JURY TRIAL DEMANDED PRAECIPE TO ISSUE RULE TO FILE COMPLAINT TO: CUMBERLAND COUNTY PROTHONOTARY Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of service of said Rule, or suffer judgment of non pros. Dated: CALDWELL & KEARNS Jefa'~y/~. McGuire, Esquire A'ttomey I.D. #73627 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 02-843/55997 AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITED, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3226 Civil JURY TRIAL DEMANDED AUDREY A. SWEENEY, Plaintiff VS. BRENT D. ALFORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2814 Civil JURY TRIAL DEMANDED DEFENDANTS BETH ANN WHITED AND BRENT D. ALFORD'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendants, Beth Ann Whited and Brent D. Alford, ("Objecting Defendants"), by and through their attorneys, Caldwell & Kearns, and submit the following Preliminary Objections to Plaintiff's Complaint. 1. An automobile accident between PlaintiffAudrey A. Sweeney and Defendant Beth Ann Whited occurred on January 17, 2001. 2. On or about July 8, 2002, Plaintiff instituted two suits as a result of that automobile accident and did so through two Writs of Summons. 10. 11. The Writs of Summons have been reissued on a fairly regular basis; however, a review of the docket reveals that it has not always been reissued within thirty days of the last reissuance. To date, Defendant Beth Ann Whited has not been served with a copy of said Writ. To date, Defendant Brent D. Alford, has not been served with a copy of said Writ. Plaintiff claims to have attempted a good faith effort to serve Objecting Defendants, and therefore, filed her first Motion lbr Service by Publication. The undersigned entered his appearance, expressly reserving the issue of service of process, in order to respond to the Motion for Service by Publication. On or about November 25, 2002, prior to any response on behalf of the Objecting Defendants, the first Motion for Service of Publication and the Motion to Consolidate were denied by the Honorable Edward E. Guido. Plaintiff then filed a Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions on or about February 3, 2003. On or about February 19, 2003, this Honorable Court issued a Rule to Show Cause. On or about March 3, 2003, Objecting Defendants filed an Answer to the Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions. 12. On or about March 6, 2003, Plaintiff provided a Brief in Support of Plaintiff's Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions. 13. On or about March 10, 2003, this Honorable Court entered an Order, in part, granting the Plaintiff s Motion, prior to Objecting Defendants filing a Brief in reply. 14. On or about March 18, 2003, Objecting Defendants filed a Motion for Reconsideration of the Order of Court dated March 10, 2003, along with a Brief in Support of said Motion for Reconsideration. 15. On or about March 21, 2003, this Honorable Court denied Objecting Defendants' Motion for Reconsideration. 16. On or about May 12, 2003, Plaintiff filed a Complaint against Beth Ann Whited and Brent D. Alford. 17. The two above captioned matters have not been consolidated. COUNTS I & II IMPROPER SERVICE OF COMPLAINT 18. Paragraphs 1 through 16 are incorporated herein by reference as if set forth at length. 19. Plaintiff commenced this action by filing the Complaint on or about May 12, 2003. 20. Pennsylvania Rule 401 requires original service to be made within thirty days of filing the complaint. 21. The Complaint has not, to date, been served on Objecting Defendants. 22. Plaintiff has not complied with Pa. R.C.P. 401. 23. Plaintiff has abided by the Court order issued on or about March 10, 2003, but Plaintiff has failed to put forth a good faith effort to locate Objecting Defendants. 24. Objecting Defendants object to Plaintiff's Complaint pursuant to Pa. R.C.P. 1028(a)(1). WHEREFORE, Objecting Defendants respectfully request that this Honorable Court sustain the preliminary objection and request that the return of service of Plaintiff' s Complaint be stricken from the record, or in the alternative, schedule a hearing on the issue of good faith effort to locate or serve after discovery limited to this issue. COUNTS I & II LACK OF JURISDICTION 25. 26. 27. Paragraphs 1 through 24 are incorporated herein by reference as if set forth at length. Objecting Defendants have never been served with the Writs or Complaint in this matter. There is no personal jurisdiction over objecting defendants who reside out of state. 28. Without proper service this court has no jurisdiction. WHEREFORE, Objecting Defendants respectfully request that this Honorable Court sustain the preliminary objection and dismiss Plaintifffs Complaint, or schedule a hearing on the issue of good faith effort to locate or serve after discovery limited to this issue. 29. 30. 31. 32. 33. 34. 35. COUNT II DEMURRER Paragraphs 1 through 28 are incorporated herein by reference as if set forth at length. Plaintiff alleges in Paragraph 13 of her Complaint that Brent D. Alford and Beth Ann Whited were engaged in a joint enterprise. Complaint at ¶ 13. Plaintiff alleges in Paragraph 14 of her Complaint that Defendant Brent D. Alford was negligent in not controlling the driving of Defendant Beth Ann Whited. Complaint at ¶ 14. Defendant Brent D. Alford was not in the vehicle that struck Plaintiff. Defendant Brent D. Alford could not have exercised control over Defendant Beth Ann Whited at the time of the accident. Plaintiff failed to plead sufficient facts to show a joint enterprise. One's mere presence at the commission of an alleged tort, without participation in the wrongdoing, does not render that person liable absent encouragement of tortious conduct. See Dutton v. Borough of Lansdowne, 198 Pa. 563, 48 A.494 (1901). 36. Plaintiff failed to properly allege any negligence on the part of Defendant Brent D. Alford. 37. Pursuant to Pa. R.C.P. 1028(a)(4), Plaintiff fails to clearly state a claim for which relief may be granted under any theory of law as to Count II of her Complaint. WHEREFORE, the Objecting Defendants respectfully request that this Honorable Court sustain the Preliminary Objections in the nature of demurrer and dismiss Count II of the Complaint against Brent D. Alford with prejudice. COUNTS I & II MOTION FOR A MORE SPECIFIC PLEADING 38. Paragraphs 1 through 37 are incorporated herein by reference as if set forth in length. 39. Plaintiff's Complaint is pleaded with insufficient specificity. 40. As a result of Plaintiff's failure, Objecting Defendants are unable to determine what actions or failures to act Plaintiff is asserting Objecting Defendants committed or failed to perform. 41. As a result of Plaintiff's failure, Objecting Defendants are unable to prepare a defense to this action. 42. For reasons set forth above, at a minimum, the Plaintiff should be ordered to file an Amended Complaint conforming with Pa. R.C.P. 1019(b). WHEREFORE, the Objecting Defendants respectfully request that this Honorable Court sustain the Preliminary Objections and dismiss Counts I and II of the Complaint with prejudice, or in the alternative to order the Plaintiff to file a more specific pleading as to these Counts of the Complaint. Dated: Respectfully submitted, CALDWELL & KEARNS By: ~ ~.~ cGuire, Esquire I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant 02-843/57626 CERTIFICATE OF SERVICE I hereby certify that on this date I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: By: David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 CALDWELL & KEARNS U AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITED, Defendant AUDREY A. SWEENEY, Plaintiff VS. BRENT D. ALFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3226 Civil JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL¥..~SNI~ NO. 2002-2814 Civil JURY TRIAL DEMANDED DEFENDANTS BETH ANN WHITED AND BRENT D. ALFORD'S PRELIMINARY OBJECTIONS TO PLAINTIFF S COMPLAINT AND NOW comes the Defendants, Beth Ann Whited and Brent D. Alford, ("Objecting Defendants"), by and through their attorneys, Caldwell & Keams, and submit the following Preliminary Objections to Plaintiff's Complaint. 1. An automobile accident between Plaintiff Audrey A. Sweeney and Defendant Beth Ann Whited occurred on January 17, 2001. 2. On or about July 8, 2002, Plaintiff instituted two suits as a result of that automobile accident and did so through two Writs of Sununons. 10. 11. The Writs of Summons have been reissued on a fairly regular basis; however, a review of the docket reveals that it has not always been reissued within thirty days of the last reissuance. To date, Defendant Beth Ann Whited has not been served with a copy of said Writ. To date, Defendant Brent D. Alford, has not been served with a copy of said Writ. Plaintiff claims to have attempted a good faith effort to serve Objecting Defendants, and therefore, filed her first Motion for Service by Publication. The undersigned entered his appearance, expressly reserving the issue of service of process, in order to respond to the Motion for Service by Publication. On or about November 25, 2002, prior to any response on behalf of the Objecting Defendants, the first Motion for Service of Publication and the Motion to Consolidate were denied by the Honorable Edward E. Guido. Plaintiffthen filed a Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions on or about February 3, 2003. On or about February 19, 2003, this Honorable Court issued a Rule to Show Cause. On or about March 3, 2003, Objecting Defendants filed an Answer to the Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions. 12. On or about March 6, 2003, Plaintiff provided a Brief in Support of Plaintiff's Motion for Special Order Directing the Method of Service, Motion to Compel and Motion for Sanctions. 13. On or about March 10, 2003, this Honorable Court entered an Order, in part, granting the Plaintiff's Motion, prior to Objecting Defendants filing a Brief in reply. 14. On or about March 18, 2003, Objecting Defendants filed a Motion for Reconsideration of the Order of Court dated March 10, 2003, along with a Brief in Support of said Motion for Reconsideration. 15. On or about March 21, 2003, this Honorable Court denied Objecting Defendants' Motion for Reconsideration. 16. On or about May 12, 2003, Plaintiff filed a Complaint against Beth Ann Whited and Brent D. Alford. 17. The two above captioned matters have not been consolidated. COUNTS I & II IMPROPER SERVICE OF COMPLAINT 18. Paragraphs 1 through 16 are incorporated herein by reference as if set forth at length. 19. Plaintiff commenced this action by filing the Complaint on or about May 12, 2003. 20. Pennsylvania Rule 401 requires original service to be made within thirty days of filing the complaint. 21. The Complaint has not, to date, been served on Objecting Defendants. 22. Plaintiffhas not complied with Pa. R.C.P. 401. 23. Plaintiffhas abided by the Court order issued on or about March 10, 2003, but Plaintiff has failed to put forth a good faith effort to locate Objecting Defendants. 24. Objecting Defendants object to Plaintiff's Complaint pursuant to Pa. R.C.P. 1028(a)(1). WHEREFORE, Objecting Defendants respectfully request that this Honorable Court sustain the preliminary objection and request that the return of service of Plaintiff' s Complaint be stricken from the record, or in the alternative, schedule a hearing on the issue of good faith effort to locate or serve after discovery limited to this issue. COUNTS I & II LACK OF JURISDICTION 25. 26. 27. Paragraphs 1 through 24 are incorporated herein by reference as if set forth at length. Objecting Defendants have never been served with the Writs or Complaint in this matter. There is no personal jurisdiction over objecting defendants who reside out of state. 28. Without proper service this court has no jurisdiction. WHEREFORE, Objecting Defendants respectfully request that this Honorable Court sustain the preliminary objection and dismiss Plaintift~s Complaint, or schedule a hearing on the issue of good faith effort to locate or serve after discovery limited to this issue. 29. 30. 31. 32. 33. 34. 35. COUNT II DEMURRER Paragraphs 1 through 28 are incorporated herein by reference as if set forth at length. Plaintiff alleges in Paragraph 13 of her Complaint that Brent D. Alford and Beth Ann Whited were engaged in a joint enterprise. Complaint at ¶ 13. Plaintiff alleges in Paragraph 14 of her Complaint that Defendant Brent D. Alford was negligent in not controlling the driving of Defendant Beth Ann Whited. Complaint at ¶ 14. Defendant Brent D. Alford was not in the vehicle that struck Plaintiff. Defendant Brent D. Alford could not have exercised control over Defendant Beth Ann Whited at the time of the accident. Plaintiff failed to plead sufficient facts to show a joint enterprise. One's mere presence at the commission of an alleged tort, without participation in the wrongdoing, does not render that person liable absent encouragement of tortious conduct· See Dutton v. Borough of Lansdowne, 198 Pa. 563, 48 A.494 (1901). 36. Plaintiff failed to properly allege any negligence on the part of Defendant Brent D. Alford. 37. Pursuant to Pa. R.C.P. 1028(a)(4), Plaintiff fails to clearly state a claim for which relief may be granted under any theory of law as to Count II of her Complaint. WHEREFORE, the Objecting Defendants respectfully request that this Honorable Court sustain the Preliminary Objections in the nature of demurrer and dismiss Count II of the Complaint against Brent D. Alford with prejudice. COUNTS I & II MOTION FOR A MORE SPECIFIC PLEADING 38. 39. 40. 41. Paragraphs 1 through 37 are incorporated herein by reference as if set forth in length. Plaintiff s Complaint is pleaded with insufficient specificity. As a result of Plaintiff's failure, Objecting Defendants are unable to determine what actions or failures to act Plaintiff is asserting Objecting Defendants committed or failed to perform. As a result of Plaintiffs failure, Objecting Defendants are unable to prepare a defense to this action. 42. For reasons set forth above, at a minimum, the Plaintiff should be ordered to file an Amended Complaint conforming with Pa. R.C.P. 1019(b). WHEREFORE, the Objecting Defendants respectfully request that this Honorable Court sustain the Preliminary Objections and dismiss Counts I and II of the Complaint with prejudice, or in the alternative to order the Plaintiff to file a more specific pleading as to these Counts of the Complaint. Dated: Respectfully submitted, CALD.WEJ. L & KEARNS By: ¢/f~r~/~ _ff~l_c~uire, Esquire ~6~ttor~ey I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant 02-843/57626 CERTIFICATE OF SERVICE I hereby certify that on this date I have served a copy of the within document on the following by depositing a tree and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Date:Q~ (~,,.~ (j David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 CALDWELL & KEARNS AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3226 Civil JURY TRIAL DEMANDED MOTION TO WITHDRAW PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Beth Ann Whited, by and through her attorneys, Caldwell & Keams, and files the within Motion to Withdraw Preliminary Objections, and in support thereof, avers as follows: 1. On or about May 12, 2003, Plaintifffiled her Complaint in the above-captioned matter. 2. On or about June 9, 2003, Defendant filed Preliminary Objections to Plaintiff's Complaint, on the bases of improper service, lack of jurisdiction, demurrer, and lack of specific pleading. 3 After further review, Defendant now wishes to withdraw all of her Preliminary Objections to Plaintiff's Complaint. 4. Defendant Beth Ann Whited further withdraws her request for argument on these Preliminary Objections, scheduled for August 27, 2003. WHEREFORE, Defendant Beth Ann Whited requests that this Honorable Court withdraw her Preliminary Objections to Plaintiff's Complaint and remove this matter from the August 27, 2003 Argument Court list. Dated: By: _ Respectfully submitted, CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 233-7661 .CERTIFICATE OF SERVICE I hereby certify that °n the c~/~day°f ~ ~ ,2003, Ihaveserveda copy of the within document on the following by depositing a tree and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 By: CALDWELL & KEARNS 02-843/59655 AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, Defendant : IN THE COURT OF COMMON PLEAS : CLrMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3226 Civil : JURY TRIAL DEMANDED ORDER AND NOW, this 3I>~e~ day of July, 2003, upon consideration of Defendant Whited Motion to Withdraw Preliminary Objections, IT IS HEREBY ORDERED AND DECREED that said Preliminary Objections are withdrawn, and the matter is removed from the Argument Court list for August 27, 2003. AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3226 Civil JURY TRIAL DEMANDED NOTICE TO PLEAD To: Audrey A. Sweeney and her attorney, David W. Knauer, Esquire YOU ARE HEREBY NOTiFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judglnent may be entered against you. Dated: Respectfully submitted, CALDWELL & KEARNS I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 233-'7661 AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3226 Civil JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Beth Ann Whited, by and through her attorneys, Caldwell & Kearns, to answer Plaintiff's Complaint and aver New Matter as follows: COUNT I Audrey Sweenev v. Beth Ann White 1. Admitted. 2. Denied. The referenced Defendant is not a party to the above-captioned matter. 3. Denied as stated. To the contrary, Defendant's proper last name at the time of this accident was Whited; she is currently known as Beth Ann Alford. By way of further answer, the Defendant no longer resides at 3310 Winston Boulevard, Wilmington, North Carolina 28403. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied as stated. It is admitted that the front of Defendant's vehicle stru(~k the rear of the Drake vehicle. It is specifically denied that Defendant failed to slow down prlor to impact, and that she "rammed into" the rear of the Drake vehicle. 9. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is deemed necessary. 10. Denied. The averments in this paragraph as to negligence are conclusions of law to which no responsive pleading is deemed necessary. The remaining averments of this paragraph am also denied. After reasonable investigation, the Defendant is without sufficient knowledge and information to form a belief as to the truthfulness of the remaining averments of this paragraph and strict proof thereof is demanded at thai. 11. Denied. The averments in this paragraph as to negligence are conclusions of law to which no responsive pleading is deemed necessary. The remaining averments of this paragraph are also denied. After reasonable investigation, the Defendant is without sufficient knowledge and information to form a belief as to the truthfulness of the remaining averments of this paragraph and strict proof thereof is demanded at trial. WHEREFORE, Defendant Beth Ann Whited demands that the Complaint be dismissed and judgment entered in her favor and against the Plaintiff without cost to her but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT II Audrey Sweenev v. Brent D. Alford 12. The answers to paragraphs 1 through 11 are incorporated herein by reference as if fully set forth. 13. The averments in this paragraph are directed to an individual other than Defendant Whited, and no response is required. By way of further answer, the individual to whom this averment is directed is not a Defendant in the above-captioned matter. 14. The averments in this paragraph are directed to an individual other than Defendant Whited, and no response is required. By way of further answer, the individual to whom this averment is directed is not a Defendant in the above-captioned matter. WHEREFORE, Defendant Beth Ann Whited demands that the Complaint be dismissed and judgment entered in her favor and against the Plaintiff without cost to her but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. 15. fully set forth. 16. NEW MATTER The answers to paragraphs 1 through 14 are incorporated herein by reference as if Plaintiff's claims are barred in whole or in part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. Plaintiff's claims may be barred in whole or in part by the applicable Statute of 17. Limitations. 18. Plaintiff's injuries pre-existed the motor vehicle accident which is the subject of Plaintiff's Complaint. 19. In accordance with § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility law, Plaintiff is not entitled to recover any sums paid or payable from any group plan or other arrangement from this Defendant. 20. Plaintiff fails to plead whether she was bound by the limited tort or full tort option on the date of the accident, and if limited tort applies, Plaintiff riffled to plead an exception to the rule prohibiting recovery of non-economic damages in accordance with 75 Pa. C.S.A. § 11705. 21. Defendant specifically preserves those defenses of contributory/comparative negligence and assumption of risk under Pa. R.C.P. 1030. WHEREFORE, Defendant Beth Ann Whited demands that the Complaint be dismissed and judgment entered in her favor and against the Plaintiff without cost to her but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. Dated: Respectfully submitted, CALDWELL & KEARNS By: ~ J~Ct~. McGuire, Esquire Aftorney I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 233-7661 VERIFICATION I, Jeffrey T. McGuire, Esquire, Attorney for Defendant, Beth Ann White, who is authorized to make this Verification on Defendant's behalf, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief.. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date /~.~Guire, Esquire CERTIFICATE OF SERVICE I hereby certify that on the /~-~ dayof ~J-J~ ,2003, Ihaveserveda copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 By: CALDWELL & KEARNS 02-843/59663 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3226-02 civil JURY'TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. Brent D. Alford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 28114-02 civil JURY TRIAL DEMANDED REPLY TO NEW MATrER 15. The Plaintiff incorporates herein by reference thereto paragraphs one through 14 of the Complaint as if more fully set forth herein by reference thereto. 16.- 17. Denied as alleged. The Plaintiff avers to the contrary that paragraphs 16 and 17 inclusive of the Defendant's New Matter are conclusions of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. 18. Denied as alleged. The Plaintiff avers to the oontrary that the injudes she suffered in the vehicular collision that gave rise to this action did not pre-exist the collision. 19. Denied as alleged. The Plaintiff avers to the contrary that paragraph 19 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. 20. Denied as alleged. The Plaintiff avers to the contrary that she had full Tort coverage. 21. Denied as alleged. The Plaintiff avers to the contrary that paragraph 21 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendants on the Defendants' New Matter. Date: August 20, 2003 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. I~avid W. Knauer, ~s-"Cluire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney COURT OF COMMON PLEAS Plaintiff Vs. CUMBERLAND COUNTY Beth Ann White Defendant No. 3226-02 civil JURY TRIAL DEMANDED Audrey A. Sweeney Plaintiff Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY Brent D. Alford Defendant No. 28'14-02 civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 19th day of August, 2003, serve a true and correct copy of the RepJy To New Matter by United States mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 David W. Knauer,'~'squire Attorney for Plaintiffs ID No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3226-02 CIVIL : JURY TRIAL DEMANDED CERTIHCATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service o£a subpoena for documents and things pursuant to Rule 4009.22, Defendant Beth Ann Whited certifies that: (1) a notice of intent to serve the subpoenas with copies o£the subpoenas attached thereto was mailed or delivered to each puny at le, ast twenty days prior to the date on which the subpoenas are sought to be served; WAIVED (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate; (3) no objection to the subpoenas has been received; and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Date: t~r Defendant -- AUDREY A. SWEENEY, Plaintiff VS. BETH ANN WHITE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3226-02 CIVIL : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Beth Ann Whited intends 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 subpoenas. If no objection is made the subpoenas may be served. ]Defendant AUDREY A. SWEENEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND 'COUNTY, PENNSYLVANIA VS. BETH ANN WH1TE, Defendant : NO. 3226-02 CIVi[L : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 2~ TO: Carlisle Regional Medical Center 246 Parker Street Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical file of Audrey A. Sweeney. At CALDWELL & KEARNS, 3631 N. Front Streel, Harrisburg, PAl7110. You may deliver or mail legible copies of the documents or produce things reqnested by this subpoena, together with the certificate of compliance to the patty making this request at the address lisled 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: Jeffrey T McGuire, Esquire Address: 3631 North Front Street Harrisburg, PA 171 l0 Telephone: (717) 232-7661 Supreme Court 1D # 73617 Attorney for: Defendant By the Court: Date: Seal of the Court Prothonotary Deputy AUDREY A. SWEENEY Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. BETH ANN WHITE, Defendant NO. 3226-02 CIVIL : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009_2? TO: Carlisle Barracks Dunham USA Health Clinic Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical file of Audrey A. Sweeney. At CALDWELL & KEARNS, 3631 N. Front Strcc!~ Harrisburg, PAl7110. 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 Jr. THIS Subpoena was issued at the request of the following person: Name: Jeffrey T. McGuire, Esquire Address: 3631 North Front Street Harrisburg, PA 17110 Telephone: (717) 232-7661 Supreme Court 1D # 73617 Attorney for: Defendant By the Court: Date: Seal of the Court Prothonotary Deputy AUDREY A. SWEENEY Plaintiff VS. BETH ANN WHITE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3226-02 CIVIL : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.27, TO: Dr. John Kauffman 222 Market Street Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical file of Audrey A. Sweeney. At CALDWELL & KEARN& 3631 N. Front Street, Harrisburg, PAl7110. 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: Jeffrey T. McGuire, Esquire Address: 3631 Norlh Front Street Harrisburg, PA 17110 Telephone:_(717) 232-7661 Supreme Court ID # 73617 Attorney for: Defendant By the Court: Date: Seal of the Court Prothonotary Deputy AUDREY A. SWEENEY Plaintiff VS. BETH ANN WHITE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 3226-02 CIVIL : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.27 TO: Dr. Robert J. Beaudry, Jr. 3600 Old Gettysburg Road Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical file of Audrey A. Sweeney. At CALDWELL & KEARNS, 3631 N. Front Street, Harrisburg, PA17110. 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 Jn 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: Jeffrey T. McGuire, Esquire Address: 3631 North Front Street Harrisburg, PA 17110 Telephone: (717) 232-7661 Supreme Court ID # 73617 Atlorney for: Defendant By the Court: Date: Seal of the Court Prothonotary Depoty AUDREY A. SWEENEY Plaintiff VS. BETH ANN WHITE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND ,COUNTY, PENNSYLVANIA : : NO. 3226-02 CIVIL : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009-27 TO: Mr. Frank DiPrima 920 Century Drive Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical file of Audrey A. Sweeney. At CALDWELL & KEARNS, 3631 N. Front Streeq Harrisburg, PA17110. 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 pmty 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: Jeffrey T. McGuire, Esquire Address: 3631 North Front Street Harrisburg, PA 17110 Telephone: (717) 232-7661 Supreme Court ID # 73617 Attorney for: Defendant By the Court: Date: Seal of the Court Prothonotary Deputy AUDREY A. SWEENEY Plaintiff VS. BETH ANN WHITE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 3226-02 CW[L : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2? TO: Dr. Todd Harvey 1875 Century Boulevard Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical file of Audrey A. Sweeney. At CALDWELL & KEARNS, 3631 N. Front Street, Harrisburg, PA171 I0. 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: Jeffrey T. McGuire, Esquire Address: 3631 North Front Street Harrisburg, PA 17110 Telephone: (717) 232-7661 Supreme Court 1D # 73617 Attorney for: Defendant By the Court: Date: Seal of the Court Prothonotary Deputy AUDREY A. SWEENEY Plaintiff VS. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3226-02 CIVIL BETH ANN WHITE, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.27 TO: Citizens Hose Company No. 1 Dillsburg Ambulance Dillsburg, PA 17019 Within twenty (20) days after service &this subpoena, you are ordered by the court to produce the following documents or things: Complete medical file of Audrey A. Sweeney. At CALDWELL & KEARNS, 3631 N. Front Street, Harrisburg, PA17110. 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 tktis 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: Jeffrey T. McGuire, Esquire Address: 3631 North Front Street Harrisburg, PA 17110 Telephone: (717) 232-7661 Supreme Court 1D # 73617 Attorney for: Defendant By the Court: Date: Seal of the Court Prothonotary Deputy AUDREY A. SWEENEY Plaintiff VS. BETH ANN WHITE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 3226-02 C1VIL : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.27 TO: Mechanicsburg Area Senior Adult Center 97 West Portland Street Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical file of Audrey A. Sweeney. At CALDWELL & KEARNS, 3631 N. Front Street, Harrisburg, PA17110. 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. lfyou 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 co,art order compelling you to comply with it. THIS Subpoena was issued at the request of the following person: Name: Jeffrey T. McGuire, Esquire Address: 3631 North Front Street Harrisburg, PA 171 t 0 Telephone: {717) 232-7661 Supreme Court 1D # 73617 Attorney for: Defendant By the Court: Date: Seal of the Court Prothouotary Deputy AUDREY A. SWEENEY Plaintiff VS. BETH ANN WHITE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3226-02 CIVIL : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2? TO: Giant Food Stores 255 Cumberland Parkway Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete employment file of Audrey A. Sweeney. At CALDWELL & KEARNS, 3631 N. Front Street, Harrisburg, PA17110. 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. lfyou 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: Jeffrey T. McGuire, Esquire Address: 3631 North Front Street Harrisburg, PA 17110 Telephone: (717) 232-7661 Supreme Court ID # 73617 Attorney for: Defendant By the Court: Date: Seal of the Court Prothonotary Deputy AUDREY A. SWEENEY Plaintiff VS. BETH ANN WHITE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 3226-02 CIVIL : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009-2~ TO: Jason Smith GEICO One GEICO Boulevard Fredericksburg, VA 22412 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all first party records and bills, insurance declarations and property damage claims pertaining to all accidem:s involving Audrey A. Sweeney, including but not limited to Claim No. 016120652-0101-021 (policyholder: Brian C. Sweeney). At CALDWELL & KEARNS, 3631 N. Front Street, Harrisburg, PAl7110. 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: Jeffrey T. McGuire, Esquire Address: 3631 North Front Street Harrisburg, PA 17110 Telephone: (717) 232-7661 Supreme Court ID # 73617 Attorney for: Defendant By the Court: Date: Seal of the Court Prothonotary Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Audrey A. Sweeney Plaintiff Vs. Beth Ann White Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 3.226-02 civil JURY TRIAL DEMANDED PRAECIPE TO MARK DOCKET SETTLED, ENDEID, AND DISCONTINUED TO THE PROTHONOTARY: Mark the docket in the above action settled, ended, and discontinued. Date: October 7, 2004 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. 'd W. Knauer, Esquire ~ -- Attorney for Plaintiff Attorney I.D. Nc,. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYL~AONi~ Audrey A. Sweeney Plaintiff Vs. Brent D. A/ford Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2814-02 civil JURY' TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 7th day of October, 2003, serve a true and correct copy of the enclosed document by United States mail, first class, prepaid addressed as follows: Jeffrey T. McGuire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 wd W Knauer, Esquire Attorney for Plaintiffs ID No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790