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Home My WebLink About96-00978 , J) 1 ~ cL -; ~. i ..... I .~ ~d "Y- _'it;i~,.~ 'i' ~ J cP r- 0- . -9 , i (y IN THE COURT OF COMMON PLEAS OF Ct'MBERLAND COUNTY MICHAEL C KALINICH Va. RHOADES No. 96978 TO: PHILIP COSENTINO, ESQ GEORGE FALLER, ESQ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSVA1'l/'f TO RULE 4009.n DEFENDANT intends to aerve a aubpoena(a) identical to the one(s) attached to thia notice. You have twenty (20) daya from the date liated below in which to file of record and aerve upon the underaigned an objection to the subpoena. If no objection is made the subpoena may be aerved. Date: '1/4/97 SCOTT A FREELAND, ESQUIRE 214 SENATE AVE SUITE 503 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQOIRIBS SHOULD BB ADDRBSSBD TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Heide Collins Enc (a) : Copy of subpoena (a) Counsel return card File #: M232li73 >. ", '- CI~ " , c..,; \-4.1' (..\ ['- \- I , I 'j, C,' (,; l.... i ., ~;I l:-. L " >- .-.; l: U . . \ >~ ) ." '.-;;::-:;:~'. ._..._ ,'U,'"'_ ,----- II d ~ ;. :i I " I II ~ ~ ~ "'< - 0 OH "2:",,, ~ ~~ I' H< ~ :t: '0 ~ ~~~~7. il~" U ~o I ~ ~ 3 L.< H i 'R ~.../ ',1)> z <( '" .... H ~@ "1 i , 8 ~ F,... ~ II ";~ :J J fn 0 ~ '" ~;!8i!z -(5 ~cu H U 'P 3:<: . OJ 00 '" ~~~ U :> ~:ll ~ ~;:~ ": H I ~ ~ ~'" ...J )<0 0. Ci~ -J ~ ~I r<l Ii!... a:: 11.l ~ a ~II.oZ ..J OJU ~ < ~ ~ i;iO'i u~~ ~ CIlE-! ~ I: ti ~ffiu ~ < I '1 ;~ IIH :"::.:;:':-";:;::::_,=~:=:';::;:::_~ . -_.-'_____0- ---:;;;.:~_.-:=_; .-..---..---..- --.- - - ---. - ---- - ---- - U1 J II I~ I j ~~ ~ . < 0' I I] 8J s~ . . :;1' ~ H'-' .c Z"-l ...,~"" u ~ ~ 00 . H.... .~ .", ~ H'-'O ~ ~ ! -.~ <!J<Il.... t) .", .... .... .... ';ti-e,~.... ::l ~~ ~ ~ t. 'M c.; q' X "" . . ."" t) Cl ~~ aJ"-'l1Jl ex> .~ m...."" .... .... .", i!h .:!j ~ 0\ <!J 0 :.: I 1l .... & .... I '" H >. .... ~B~ 0\ u <!J U ~ 0 .", ~~ :i: < l- t) . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Michael C. Kalinich, Plaintiff Civil Action - Law vs. No. r;? 11S' (II ',1,' ( Beverly Rhoades and Tracy Diane Rhoades, Defendants NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU , DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU ;, CAN GET LEGAL HELP: ,. '; Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 LAW OFflCtS Oil.lJllTo, CoIufrM) lBol.1GII1IC *UCOUfWAY EAST IIOIO"M ctt,M(AllUAlJ, M 17131 A . ! I r i' I . i. I I ! I ! i ! i i ~ . , " i I ,,",women DLofIno. CoImM) ,1kt~1I'C :DO UHCOlNW"Y EAST '-'llOX .. ~.'.lnQI -.A . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Michael C. Kalinich, Plaintiff Civil Action - Law vs, No, Beverly Rhoades and Tracy Diane Rhoades, Defendants COMPLAINT NOW comes the Plaintiff, Michael C. Kalinich, and through this allorney, Philip S, Cosentino, and for cause of action against the Defendants sets forth the following: 1. Plaintiff is Michael C. Kalinich, an adult individual living and residing at 1920 Coldsmith Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Beverly Rhoades, is an adult individual living and residing at 347 Richland Road, Carlisle, Cumberland County, Pennsylvania 17013. 3, Defendant, Tracy Diane Rhoades is an adult individual living and residing at 347 Richland Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. On February 25, 1994 at approximately 9:43 p.m., Plaintiff, Michael C. Kalinich, was a passenger in a 1991 Ford Festiva automobile owned and operated by Carol Ann King, with Plaintiff seated in the front passenger seat. 5. On said date and time, the King vehicle was being operated in a westerly direction on Noble Boulevard in the Borough of Carlisle, Cumberland County, Pennsylvania. 6. On said date and time, Defendant, Tracy Diane Rhoades, was operating a 1987 Honda Accord automobile owned by Defendan1, Beverly Rhoades. in a northerly direction of South West Street in the Borough of Carlisle, Cumberland County, Pennsylvania. t,AWOfJlcn Dt.OPIIlo. CWNrNO I BOUGR lie 11OUHCOl.MWA'i'EAST '0101.. ow.eERSIVAQ, Pol I nOt 7. On said date and time, the King vehicle entered the intersection South West Street and Noble Boulevard. 8. On said date and lime, the Rhoades vehicle failed to stop at a stop sign controlling traffic in the westbound lane 01 Noble Boulevard at its intersection with South West Street ar.d entered the inter~ection striking the King vehicle in the driver side door. 9. After stopping at their respective stop signs, both the King vehicle and the Rhoades vehicle pulled into the intersection of South West Street and Noble Boulevard with the Rhoades vehicle striking the King vehicle In the driver's side door. 10 The collision above alleged was caused by the negligence of the Defendant, Tracy Diane Rhoades, said negligence consisting of the following: A. Defendant's failure to stop at the stop sign controlling traffic in the northerly direction of South West Street at its intersection with Noble Boulevard; B. Defendant's failure to observe the King vehicle before entering the intersection of Noble Boulevard and South West Street; C. Defendant's entering the intersection of Noble Boulevard and South West Street, without first determining whether the intersection could be entered salely; D. Failure to yield the right-of-way to the King vehicle already within the intersection of Noble Boulevard and South West Street; and E. Defendant's failure to stop her vehicle prior to impact. 11. At the time of the accident above described, Defendant, Tracy Diane Rhoades, was operating the 1987 Honda Accord automobile with the permission of Beverly Rhoades and was acting as the agent of Beverly Rhoades at the time of the accident. LAW OfFIClS Di.cJlITo. CoIlNrfilO & So.tlWl " 3iJOUMCOlHWAY EAST PO lOX.. QWM(RSlUfn PI 11201 12. By reason of the above described collision, Plaintiff, Michael C. Kalinich, sustained bodily injuries as follows: A. Acute back sprain: B. Herniated lumbar discs at L4-5 and L5-S1: C. Ventral hernia: D. Abdominal strain: and E. Nervous shock. 13. As a result of his injuries, Plaintiff, Michael C. Kalinich, has received medical :i attention and care and will continue to receive medical attention and care incurring liability for payment of bills which may be in excess of the coverage provided pursuant to Section 1711 of the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A, Section 1711. 14. As a result of the his injuries, Plaintiff, Michael C. Kalinich, has sustained loss of income and will sustain Income loss in the future in an amount now unknown. !' 15. As a resl'lt of his injuries, Plaintiff, Michael C. Kalinich, has suffered a diminution in his earning capacity. 16. On the date of the collision above alleged, Plaintiff, Michael C. Kalinich, was 25 years of age having been born October 12, 1968. 17. By reason of the injuries sustained by Plaintiff, Michael C. Kalinich, as above set forth, he has endured physical, emotional, and mental pain, suffering and inconvenience, and will continue to endure such physical, emotional, and mental pain, suffering and inconvenience for a period of time now unknown. ., " " , , , .. , ",\!,:Ii ,I :~. H ,~I;\ . :':~: :1:;: T;; ,~. r.i'1 f; ,.. ','. i" ~ .."., ,j..... , , rip i., ; ~ ;-~ r ' :-. '. J ~J ,. if .1 _ ".1.< f.: j I;, I " t - II;~ . ..11;;:/.','. 1 J' ,f; t '.t', t r 'i j:',' -j [;. ,. ('r "j, " .' 'I .... 'It" ,) /' ,,~t1'-'- l.. J.. " , .. '." ~ r~~,,,,<.,,-~~,~ .' 1 ~ \l.. f \ I . I... rip/I -)1r......_t.,_ )Ll<.i:..i t.-- . "--~j~; ~,;;.,.~ ....-- '.J'~ -.---...-----...- -~--.--.-_._. -.. - "- ii ~ ~~ Ii ~~ II &. ;. 'I ::l II < oJ Q ~~~ffi :t: 'ggj .., a I- ~ ~~"~ U ~ - < .... ~~ . I- f-o< z II ,~;l ~ i:!z .... ""I.... oJ ~ '",3:t< > ;z OJ ~ ~ ~ lii> - 0.... ~OJ "" I, " 0 0 J:..J .... il ><...u . u ~... u ~. 0 >- ~~~~ . ~...I ::).....rJ) U :> ",;iJ OJ oxz <ti l. ~ ~ u..z .... " cj ><0 II OO'~LU !IE~ ~tl "" II ~ 7 ..... I, c... :Ii I II ~ ~ E ~~ u &i~ I .... u~ E alE-< .. 110 Z :l ~ ~ 0( s.: a: i II '" ~ .-. ~ __J ______ I' ~ < U ,i ~ II ~ ------- -- --- - ---- -- -- - . ...-.-... .'-._-" -~-_......_-- .._____O__m. II I --- "--"--'--'_._"'-'-"~_.~-'-"~~-- -___w__._______ ~;.:.;...:...:-:.;.~_.;...:_.., ::'-;;,-._-'--~- ~::s ~~ ~I~~ ~C,I"" _ ~ i:'< ><....u ~~~~ ~;~~ u@ ~ :z .... .-.---------- ". ""--__. ___Un :c ]gJ (J .... ~~ :z .... '" ~ Z .... :.: . . . > ..::i! > ~ (J .... ~ ;><0 () ~(J U gj~ ~ ""~!:J ....0:.... ......J~ '~U - ~U'l..J ~ ~~. Uiu :a 0 ~l UJ :Jl &:: ~ffi"" cH:~ liH! <i ~~~ ~ , ;. ~ j ~ .. 8 '< ~ .~ ;:, ...:s ,~~~~z ~g~l;;;; ::.. 8 ~,,~ ~~a~!Q ....~ ;.0: U 3 Z " 0'1 UJ ~~~ .. ~ Ii: 'n ~~ '-Jl 0>- ....'1) .. g: ~ :i ~ < ~ ~ ~ ~ U ~ < ~ . 'N:; I. ' .. - --.,....... I~F_..'" . .__~ ,......'1. ....'... 'to:. ,. .&l!. . . .' _ . - .- - - -- - ....,.:_ ......."" t.A . - ,\1"i_,;~-Wo _____~ ". _., :.'"7.-.:~~-_:::.:;.;.:~.:_:.-..--._:-_-._;_:::'C;:_:::::.:::::::::~==;_:.._ -',;"flCl -' 'ifGi':JI<.4~ ;Z-\.,., !!\ n, I! ~. .1' _.iIi..... .~~' !!l!!l!lIB 1""'., " " ~ . . ,.:- '. j'..I ......"..------..-.- , !j " II ,', ~~ I: ~ II 1(3 II ~ ~ .... ~~ H II ~ j Ii Q i 6 ~ ~ oll~ffi :t: 'Ogj il 5~ Ii ~ 1= < :s U ~~ " .~~~~z ..lEof H II UH II Z :.: I ~ ~ ~ I;;~ ~C.I~ H l:l II e::,.J .... z 8 '. .. ;z ~~ H ~~ 'I ... z J: >- _ ~ H :.: Ii .~ :>!2<Jl ><HU . . . ~ O:tz ~~~Q) > > g f:1u ~ ~ \J ~z U II 00 '" o <1;; ~ ><0 01il ~ r,; ~ c.. 'a < ~ ..lJ, ffi?J U z ~I zl.Li ~~ u. '1'1 ....J d5~ ~~~V) U ~~ ,~~ ~ H ~ < 0 :E H Eof "l ~ H J < 0 0 ~ < . ~ ..------- ---- .-- ---~ -.-- ---_._-~-- ..---....-.. MICHAEL C KALlNICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v BEVERL Y RHOADES and TRACY DIANE RHOADES. Defendants CIVIL ACTION. LAW NO. 96.'.178 CIVIL TERM v. CAROL KING. Additional Defendant : JURY TRIAL DEMANDED ADDITIONAL DEFENDANT COMPLAINT AGAINST CAROL KING AND NOW. come the Defendants. Beverly Rhoades and Tracy Diane Rhoades. by and through their attorneys. MARTSON. DEARDORFF. WILLIAMS & OTTO. and hereby avers as follows: I. The Plaintiff is an adult individual residing at 1920 Coldsmith Avenue. Shippensburg, Cumberland County. Pennsylvania 17257. 2. Defendants Beverly Rhoades and Tracy Diane Rhoades are adult individuals residing at 347 Richland Road. Carlisle. Cumberland County. Pennsylvania 17013. 3. Carol King is an adult individual residing at 50 I Daisy Drive. Taneytown. Maryland 21787 4. On or about February 22, 1996. the Plaintiff filed a Complaint against the Defendants. alleging that the Plaintiff was injured due to the failure of Defendant Tracy Diane Rhoades to stop at a stop sign. 5 Without admitting the allegations contained therein. which allegations have been expressly responded to in the Defendant's Answer with New Matter and Crossclaim to Plaintiff's Complaint, a copy of Plaintiff's Complaint is hereby attached hereto and incorporated by reference as Exhibit" A" 6. A copy of the Defendant's Answer with New Matter and Crossclaim to Plaintiff's Complaint is hereby attached as Exhibit "B .. 7 On or about February 22, 1996, a vehicle operated by the Additional Delimdant Carol King collided with a vehicle operated by Deiendant Tracy Diane Rhoades at the intersection of Noble Boulevard and South West Street in Carlisle, Pennsylvania 8. According to the Plaintiff's Complaint. the Plaintiff was injured while he was a passenger in a vehicle driven by Additional Defendant Carol King. 9. The Defendants believe that the collision was caused in whole or in part by the negligence, recklessness and carelessness of the Additional Defendant Carol King in that she: a. failed to properly observe Defendant Tracy Rhoades' vehicle in time to avoid the collision; b. failed to properly brake her vehicle to avoid the collision; c. failed to properly yield the right-of-way to Defendant Tracy Rhoades; and d. failed to properly operate and control her vehicle to avoid the collision with Defendant Tracy Rhoades. 10. The Defendants believe and therefore aver that if Plaintiff is entitled to recover from any party which is expressly denied, then Additional Defendant Carol King is alone liable to Plaintiff or liable over to Defendants by way of contribution and/or indemnity, or is jointly and/or severally liable to Plaintiff on account of the negligence of Additional Defendant Carol King. II. If Defendants are found liable to Plaintiff. which liability is expressly denied, their liability is secondary and passive to the liability of Additional Defendant Carol King, whose liability is primary and active. WHEREFORE, Defendants Beverly Rhoades and Tracy Diane Rhoades demand judgment against Additional Defendant Carol King for all sums that may be judged against it in favor of the Plaintiff; or in the alternative, demands judgement against Additional Defendant Carol King for contribution and/or indemnity for the appropriate part of the amount of damages and costs awarded to Plaintiff. if any. MARTSON, DEARDORFF, WILLIAMS & OTTO ) 2~'7 .. 7-. ..' // By / L George B., aller, Jr., Esquire ( ID No. 49813 Ten East High Street Carlisle. P A 17013-3093 (717) 243-3341 Attorneys for Defendants Date: May 9, 1996 l..lwOFF1Cl:S CiI..l:JWYo, CallM'NI .eo.-.. 11GWCQUl"'AY~T 'QIOI" ~1U1'lQ.""lnO'l ,I ; :i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Michael C. Kalinich, Plaintiff Civil Action - Law vs. No, Beverly Rhoades and Tracy Diane Rhoades, Defendants COMPLAINT NOW comes the Plaintiff, Michael C. Kalinich. and through this attorney. Philip S, Cosentino, and for cause of action against the Defendants sets forth the following: 1. Plaintiff is Michael C, Kalinich. an adult individual living and residing at 1920 Coldsmith Avenue. Shippensburg, Cumberland County. Pennsylvania 17257. 2, Defendant, Beverly Rhoades. is an adult individual living and residing at 347 Richland Road, Carlisle, Cumberland County, Pennsylvania 17013, 3, Defendant, Tracy Diane Rhoades is an adult individual living and residing at 347 Richland Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. On February 25, 1994 at approximately 9:43 p,m.. Plaintiff. Michael C. Kalinich, was a passenger in a 1991 Ford Festiva automobile owned and operated by Carol Ann King, with Plaintiff seated in the front passenger seat. 5, On said date and time. the King vehicle was being operated in a westerly direction on Noble Boulevard in the Borough of Carlisle. Cumberland County. Pennsylvania. 6. On said date and time, Defendant, Tracy Diane Rhoades, was operating a 1987 Honda Accord automobile owned by Defendant. Beverly Rhoades. in a northerly direction of South West Street in the Borough of Carlisle, Cumberland County. Pennsylvania. u.w OFJICD CtOfll'l'll C41Dft. & klCDl-c uo4Hl;OUt.......,wr '0-1Ol.. OW4IRSIlJIlQ, It" ,no. II II il I, I i I 7, On said date and time. the King vehicle entered the intersection South West Street and Noble Boulevard. 8. On said date and time. the Rhoades vehicle failed to stop at a stop sign controlling traHic in the westbound lane of Noble Boulevard at its Intersection with South West Street and entered the intersection striking the King vehicle in the driver side door. 9. Atter stopping at their respective stop signs. both the King vehicle and the Rhoades vehicle pulled Into the intersection of South West Street and Noble Boulevard with the Rhoades vehicle striking the King vehicle in the driver's side door. 10 The collision above alleged was caused by the negligence of the Defendant. Tracy Diane Rhoades. said negligence consisting of the following: A. Defendant's failure to stop at the stop sign controlling traffic in the northerly direction of South West Street at its intersection with Noble Boulevard; B. Defendant's failure to observe the King vehicle before entering the intersection of Noble Boulevard and South West Street; C, Defendant's entering the intersection of Noble Boulevard and South West Street, without first determining whether the intersection could be entered safely; D, Failure to yield the right-of-way to the King vehicle already within the intersection of Noble Boulevard and South West Street; and E. Defendant's failure to stop her vehicle prior to impact. 11. At the time of the accident above described, Defendant. Tracy Diane Rhoades, was operating the 1987 Honda Accord automobile with the permission of Beverly Rhoades and was acting as the agent of Beverly Rhoades at the time of the accident. ~'lIIIOFJas OiUNTo. CosIHrM ICb.....lI'C >>G WtCOUt WAY wr 11I11101_ CMMII(RSltlfWlIIIA I nOI 12, By reason of the above descnbed collision, Plaintiff, Michael C, Kalinich, sustained bodily injuries as follows: A, Acute back sprain; B. Herniated lumbar discs at L4-5 and L5-S1; C, Ventral hernia; D, Abdominal strain; and E, Nervous shock. 13, As a result of his injuries, Plaintiff, Michael C, Kalinich, has received medical attention and care and will continue to receive medical attention and care incurring liability for payment of bills which may be in excess of the coverage provided pursuant to Section 1711 of the Motor Vehicle Financial Responsibility Law. 75 Pa.C.S.A. Section 1711, 14. As a result of the his injuries, Plaintiff. Michael C. Kalinich, has sustained loss of income and will sustain Income loss in the future in an amount now unknown, 15, As a result of his injuries. Plaintiff. Michael C. Kalinich. has suffered a diminution in his earning capacity. 16. On the date of the collision above alleged. Plaintiff. Michael C, Kalinich, was 25 years of age having been born October 12, 1968. 17, By reason of the injuries sustained by Plaintiff, Michael C. Kalinich. as above set forth, he has endured physical. emotional. and mental pain, suffering and inconvenience. and will continue to endure such physical. emotional, and mental pain. suffering and inconvenience for a period of time now unknown. I il iT- M ..: : >- .)..~ ~( -= l~) l " ~( ,..~ I,. '.'" , :~j ~{ r- .{; I ! -. " ~l~' . ',) ti:. , ;':'J u.. .- Lt. '" .;.) V (J' :.J " ;! ;: is ;~o::l ~.~~ :,:Q"'8< -~ ;". . ;1""'0. ~'f .=:i-owo *;:;-8 ~Q'~~'-!:~ :$ ..l:,,,:RC_ < :< ... .. ;:: ;;.e " ..lZg ",-<Q ~... j .S 96-037 LAW OFFICES OF DONALD R. DORER Scott A. Freeland Attorney for Additional Defendant. Carol King 3907 Hartzdale Drive, Suite 706 Camp Hill, PA 17011 TeleDhone No. 17lTl 731-0988 MICHAEL C, KAUNICH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. BEVERLY RHOADES and TRACY DIANE RHOADES, Defendants DOCKET NO. 96-978 vs. CAROL KING, Additional Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF ADDmONAL DEFENDANT, CAROL KING WITIl NEW MATTER AND NEW MATIl!R CONTAINING CROSS CLAIM PURSUANT PA, R.C.P. RULE 2252(D) TO ADDmONAL DEFENDANT COMPLAINT AND NOW, comes the Additional Defendant, Carol King, by and through her attorney, SCDtt A. Freeland, Esquire in support of Answer of Additional Defendant, Carol King with New Matter &lid New Matter Containing Cross Claim Pursuant to Pa. RoC.P. Rule 2252(d) to Additional Defendant Complaint hereby avers as follows: I. Denied, After reasonable investigation, Additional Defendant, Carol King is without knowledge or information sufficient to form an opinion as to the truth or falsity of said averment, Strict proof thereof is demanded. 2. Denied. After reasonable investigation, Additional Defendant, Carol King is without knowledge or infonnation sufficient to fonn an opinion as to the truth or falsity of said avennent. Strict proof thereof is demanded, 3. Admitted, 4. Denied as stated. The Plaintiffs Complaint speaks for itself as to the date of filing, See Court records. 5. Denied. Said avennent is not an avennent of fact and therefore requin::s no responsive pleading on behalf of Additional Defendant, Carol King. 6. Denied. Said avennent is not an avennent of fact and therefore requires no responsive pleading on behalf of AdditionaJ Defendant, Carol King. 7. Denied as stated. It is admitted only that Additional Defendant, Carol King was operating a motor vehicle on said date at said intersection. The n::mainder of said avennent is denied generally under PA. R.C.P. Rule 1029. 8. Denied as stated. Plaintiffs Complaint speaks for itself. 9-11. Denied. Said avennent is generally denied pursuant to PA. R.C.P. Rule 1029. WHEREFORE, the Additional Defendant, Carol King respectfully prays this Honorable Court to dismiss Additional Defendant Complaint and to enter judgment in favor of the AdditionaJ Defendant, Carol King. 2 NEW MATTER 12. Paragraphs one through eleven are incorporated herein by reference, and made a pan hereof as if !let fonh in full. 13. Defendants' claim is barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act. 14. Defendants' claim is barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility law, IS. Additional Defendants' Complaint fails to state a cause of action upon which relief may be granted. 16. By the actions of Defendants. tbe Additional Defendants did assume tbe risk of any and all injuries and/or damages allegedly suffered. 17. If there is a legal responsibility for the damages set forth in Additional Defendants' Complaint, the responsibility is that of other individuals and/or entities over whom Additional Defendant, Carol King has no control. Plaintiffs' injuries and damages as alleged were not proximately caused in any manner whatsoever by Additional Defendant, Carol King. 18. Defendants' claims are barred by the applicable Statute of Limitations. 19. All matters not heretofore directly controvened are hereby specifically denied. 3 ,~ .~ 7" '.- " :.$ t-. .. ~~' ..;.1 ." i;-: (~ 1 :~~ ~( .... " ,) '. )' -II. : I ~~) u.j -. . ,"iJ rE~\ ;""1 , 0- , --, 23 ,'- <0 (.) <.i' -- ... - ;oj.. = ~!:I c:.: Q c=:lI ,;.\ ~O., !::ll ~. UQ<!8ol!~;;;~ ;: 'S,...a.._r- 6=C:;~::i;:!E , =<;;;:a;::C_ '$ .... = rlJ _.... ol! :<... ~ !:;;,e := ..I 7. :;: ..; ol! 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' ii., .'.,.,.~ .. , ~ ._--.. - ~- -.....".--.+ ._---,..,.. ~~ ii I " a~ " ii .j~ ::c I u 'O~ i .... fJ~ z I .... i:E ~ ~ t.:l , z I .... . ~~ :.: I U . I ~~< > > ~ KI ::.l /;j .... I ;..Q ~~o a It! I, .... I' :E m~ r! " I' E-t! II ~o -11 . 'l.. ,~.\ ~ . ~- ::r- ~ .~ 'of .:; , j ,\ " , ,-J '~ ~ '" "';.. ....0: ~'" ~> j~ 0,.... '<lQ ~; :~ ~~ " ~ '- I I: Ii I' .1 I: , I I' il Ii ,. Ii \.. ~ -, :J trj ~ z ~ ~ t;: ~ ....~ ~....; 10-0- ,~ ~ C~:S _~ ~dE~ ~~Z=~ ~':'5:i? ~ ,~1..,,,,,?- ~ ~ ,...l-~ s ~~~~ ., ,. ~...:- ~ ~,; z::j -...:: ~ ~:-'" '.I'l ,I t ~ r-:: .--:": ::: ~ i: 'J ~ .c: , ~ ~ ii i ii j! I! II -,,~.___Jl - - - -=-==:.:~+~~-- I ......~ ~1! .. tI III - '''-- /.-..--'. -- '-,- r.. . . . ~ ~ l"'t.. . . < F fIU'~, I 1,\ l',\tU,~. :.r ,\ Ifi I ~ ~ :h, \11 ,r I fllto o 'calc,1 oz I Jl.j' i: II ~. ~'l 1l"~1'<!11 tl~,'l'l'" lU ,joj 1rI ."'~t .~..u ;" .i MICHAEL C KAl.INICH, Plaintitl. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v BEVERLY RIIOADES and TRACY DIANE RHOADES, Defendants CIVIL ACTION - LAW NO. 9(,-978 CIVIL TERM v CAROL KING. Additional Defendant JURY TRIAL DEMANDED MOTION TO COMPF.L PLAINTIFF TO RF.SPOND TO DISCOVERY AND NOW. comes the Defendants, Beverly Rhoades and Tracy Diane Rhoades, by and through their attorneys MARTSON. DEARDORFF. WILLIAM,) & OTTO, and hereby avers as follows I. On or about February 22, I <)96, the PlaintilT tiled a Complaint against the Defendants to the above captioned docket. 2. On March 25, 1996, Defendant served a Rcquest for Production of Documents and First Sct oflntcrrogatories upon the Plaintitr A true and correct copy of said discovery is attached hereto as Exhibit "An. 3. Pursuant to Pa. R.C.P. 4006(a)(2), PlaintilTs answers and objections, if any, to said discovery were due on or belore April 26. 1<)% 4. A period of more than 30 days has elapsed since the Interrogatories and Requests lor Production of Documcnts were servcd upon counsel tor the PlaintilT and no response has been provided. By letter dated October 21. 1 <)96. Defendant's attorney requested answcrs to these discovery requests A copy of said Octobcr 21, 19<)6 letter is attached hereto as Exhibit "B" 5 Again. on Novembcr 25. 1996. Dcfcndant' s attorney again requested answers to thc outstanding discovery requests directed to PlaintilT A copy of the November 25, 19<)6 letter is attached hereto as Exhibit "C". () Dclcndants have received no responses tl' the outstanding Request ti,r Production of Documents nor to their !irst set of interrogatorics , I I I I I I ! J I I I I I I I I I , I i j Exhibit A . ~.' .. ! I .1 " "" I I '.," ....,... . .'- .',- I; fILE5'DArAfILE:rr~ flI. ()lit" ~"~JIID Il~ , !!fWllI\t~"~'HPJ"..v.t It."... \J}.l"...ll'tlHIAM '~'oQ :,. 4 .. MICHAEL C KALlNICH. Plain:iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO 96-978 CIVIL TERM BEVERL Y RHOADES and TRACY DIANE RHOADES. Defendanu JUR Y TRIAL DEMANDED DEFENDANTS' REOI rEST FOR PRODllCTlON OF DOCUMENTS DIRECTFD TO Pl ArNTTFF TO ~nCHAEL c. KALlNIGL Plaintiff, and his attorney, PHILIP S. COSENTINO. ESQUIRE AND NOW, this 25th day of March. 1996. pursuant to Pa. R.C.P. 4009, as amended, come the Defendants by its Attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO. Ten East High Street, Carlisle. Pennsylvania, and requesu Plaintiff to produce for inspection, examination and copying. at the above office, not later than thirty (30) days after service of this Request the following documents: I. All photographs in the possession, custody or control of Plaintiff. counsel for Plaintiff. or any other person or entity acting on behalf of Plaintiff, including any insurers for Plaintiff. showing, representing or purporting to show any vehicles. locales, instrumentalities. persons, property, and any and all other matters related to the subject matters of this litigation. 2. All diagrams, sketches. drawings, plans. measurements or blueprints in the possession. custody or control of Plaintiff. counsellor Plaintiff. or any other person or entity acting on behalt' of Plaintiff. including any insurer of Plaintiff. showing representing or purporting to show any of the instrumentalities. locales. persons or other matters involved in the incident which forms the basis of Plaintiffs Complaint. 3. All statements, signed statements. transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement or recorded statements if not transcribed verbatim taken of any parties. persons or witnesses as part of an investigation of the happening or cause of the incident in question. conducted by. or in the possession of. Plaintiff. Plaintiffs attomey. insurers or anyone else action on behalf of Plaintiff 4. All expert opinions, expert reports, expert summaries or other writings of experts in possession. custody or control ofPlaimilf. Plaintift's attorneys or insurers. which relate to the subject matter of this litigation and the incident in question. 5 All documents prepared by Plaintitl: or by any insurers. representatives, agents or anyone acting on behalf of Plaintiff, except PlaintilYs attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared Exhibit "A" ~ A up through the present time, with the exclusion of the mental impressions. conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or lactics. (NOTE As referred to herein. "documents" includes written. printed. typed. recorded or graphic matter. however produced or reproduced. including correspondence. telegrams. other written communications. data processing storage units. tapes. comracts. agreements, notes. memoranda. analyses. projections, indices. work papers, studies. reports. surveys, diaries, calendars. films. photographs. diagrams, drawings. minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed are now in the possession. custody or control of the original) now in the possession, custody or control of Plaintiff. Plaintitfs former or present counsel, agents, employees. officers. insurers or any other person action on Plaintiffs behalf) 6. If not otherwise covered by the above Requests. the complete c1aims1investigationlsubrogationlno-fault file( s) of Plaintiff or any insurers thereot: dealing with the iucident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense. or respecting strategy or tactics. 7. All documents in the possession. custody or control of Plaintiff. Plaintiffs counsel. insurers, or anyone else acting on Plaintiffs behalf. dealing in any way with all injuries. damages and losses sustained by the Plaintiff. This should indicate. but not be limited to, bills. invoices, estimates, appraisals. inventories. repons and all other documents relating to the damages alleged in Plaintiffs Complaint. 8. A copy of the declarations page of any insurance policy where you would be an insured party or other document indicating the tort option (full or limited) which would be applicable. 9. Ifany document or class of documents is be'.ng withheld on the basis of any privilege, identify the document or class of documents, the date or dates of the documents, its author or originator. as well as the privilege which is being asserted. MARTSON. DEARDORFF, WILLIAMS & OTTO By ~~ ~ d~(!, !1 George If Faller, Jr, Esquiry'. Ten East High Street 4 Carlisle, PA 17013 (717) 243-3341 Attorneys for Delendants -'~ . f:!j~ ~~ o.~~ :Il CJ .... ~~~ :0: .... ~ >t.... ~~~ U :> ..J l~5 ~ CJ .... :E ~~ ~ -, ,.-; t!j .' ".-) ~ ~ OJ :i1 .... Q d ~ E-< - - _-=-n=--:--=-..:..:."-=.m Ii .-. ;, II ,I i: li i: " -.--..- -- ~-+-- :> ~q ~I ! ~ ,I o i! 51! il 'I OJ a. .... ~ ~ L I! " I! :1 __-=--lL c: =---- !I il -- --==--- W<<<' IV .' i;::;"-"- ;...-~ ....IU. fa ~ I " ., ~ ~ ~ ~ ;:: .... ....... ~ ~ ;::; - .~ ~ ~~:s , ...:j ~z ~ ;:o.l.l~:< . 'J Z =;:: ~.:..) '.;- ~;l~;;::- .) '..) _ z ~,...: _.....'Z ~~z~i ... 'I', ~ W :!o' ...... r. Z ul ....:: ~ ~.J:" -....i ~ z!-~ . -; '" ,. ~ . ~ 3 ~ ..: , , ~ . IN THE COURT OF COMMON PLEAS OF cmmERLAND COUNTY KALINICH Vs. NO. 96978 RHOADES CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 SCOTT A FREELAND, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received. and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: SCOTT A FRE8LAND, ESQUIRE 214 SENATE AVE SUITE 503 CAMP HILL, PA 17011 717-731-0988 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TOI MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Heide collins File #: M236837-01 F. ..:r :- W: I ~ . ;.C "J =-_A...l' C"l lU.... '_I _~ C) .... ~.: J:;> IF ~. ~ "t. O'~ . I' .n '~J ! C' ',.'". I '. _I, . c: -I. ;.~ a:,.. 1. '~l: J L, ~ 1t..'"L .::. u... "- h. m ~) c.. c.:, U .. '~'~<' .. _o'n____.._ __n. ...- OZ I CIl": , ..:> i w..l I ..1>- -oCll c.~~ x I ZZ< U :a~ 0,",..1 ~ CIl ..' ::E c.. , Of: :i WO 0 ::;;..Z..... ~ Sl~ 0~00' 7- u?:i=~ -.; ~ Qw :2 ...::lu . -z ~ ..I 00<0 ..I ~..: 0 ...U..lz w ::ii5 ~ ~Q- ..: <: ::>z~ X ~>- U o<u U wu u;2 ~ ~;2 Ww cc... 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OD or about May 9, 1996, DcteadaDt ROO4dl.'1 fikd an AdditioaaJ Defendallt Complatnt, joi4iag Carol Eln, a.s an Additioaal Defendant in the above captioDed ac:doQ, clalmln, that the motor vahlclo accident was caused in whole or in part by the ne.U.Cllce of AdditIonal Def...,tf,...t, Carol XlII.. 3. t.redical records obtained during diacovuy lDdlc:ate that the Plaintiff'a alleged InJurW lllay have resulted from baWDa other tIw1 the motor :vehicle accident at issue, including, but not llmlted 10, liftiDg wel.hts and/or a work injury. Additionally, then: is . que6tioa a.s II) whether the P1ainIiff was disabled as . result of any iiIleged Injuty md the exteat md duradoo of any aIlepd dl""hl1lly. 4. An iadcpeDdeat ml'tli<',,1 ~YIImln~tioa had been II(beduled with Bllls F. Friedman, M.D., 320 Ablap Drive, Wyomlssl.llf, PA 19610 for Thursday, Apri130, 1998, bePnnJng at 11:00 a.m. 5. PurlWlllt to a MotiOQ 10 Compellndepeudent Medical Bxaminatlon, the HODOrable 1. Wealey Oler isSllcd an 0Ider compelling PIallItlff's aue.ndaDcc at the aforesaid IME. 6. P1alntllf failed 10 appear (or die above refcrmced 1MB. He advised Dr. Frledmm's office 011 the morning of the 1MB that 1W car broke dowa and he cou1d Dot attend the 1MB. 7. Fortunately. Dr. Friedman had another appointment cancel and is llvailable to ped'orm an independent medical examlnation of the Plalntlff on Tuesday, May 12, 1998 at 11:00 a.m. 2 , L ..' <( "" u ...- >= !~ O~ <>: "'> "" ..., ~... '" ..., .3 ...> :c ]~ g ~ -. "'j2;,: u ~ ~ '" ZZ::s ~ ",<( ""..: !I~j ~ '" 0,," ""0 0 "'Z,," ~ "" ~;i -~... ~ - '" ::1;"', ..I Z ~2::> '" ::I; .z ..: :;;! ::> <>: ~ 8 .;., 8~9 :.= o~ 2 "" ~z ,; ... Oa:lO ..., ~ N -.; ,; ~I -< " 0 :ii~... ~QI~ ,1 :.or.. ;,: ;:::- ~8~ ..I >~ <>: :ii<~ ~ :t i. t;: ~ c;!e <( <l '.: i. "'0'" u ........: . :f~ ... '"' - :c ""u ,,"0::> L~' :-: i- . " ::>:z:2: u ~I 11 z ";:i:j " ai;::! ... 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