The URL can be used to link to this page

Home My WebLink About97-03079 ~ .i . .. -.t a ~ 14 . .. ::I ~ ..... . .. .:) .. \)0.. t-. () tf) , t-- ~ , ~ , 4. Immediately after the accident, Lower Allen Township Pollee Officer Justin Spaulding Investigated the accident and later charged the Defendant with driving under the Influence; driving under the influence with a blood alcohol level of .10 or greater; and driving under the Influence with blood alcohol level of .10 or greater within three (3) hours. 5. The police report and criminal charges subsequently brought against Defendant indicate that Defendant's blood alcohol level was ,14 within about three (3) hours of the accident at issue in this case. 6. The Defendant's blood alcohol test was performed at Holy Spirit Hospital after the accident at issue. 7. Plaintiff has attempted to subpoena all of Defendant's medical records, including records related to the blood alcohol testing that was completed after the accident at issue and including all the chain of custody documentation related to that blood alcohol test. See Exhibit "A" attached hereto. a. Holy Spirit Hospital has refused to release Defendant's drug and alcohol records. See Exhibit "B" attached hereto. 9. Plaintiff has also requested that Defendant sign a medical authorization which would allow Holy Spirit Hospital to release the relevant drug and alcohol test records and chain of custody documents. See Exhibit "C" attached hereto. - 2- Exhibit A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.:AND v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA :$079 NO, 97 30:J7 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 AUDREY GUISTWHITE, Plaintiff SANDY KINLEY, Defendant TO: CUSTODIAN OF MEDICAL RECORDS, HOLY SPIRIT HOSPITAL. N, 21 ST STREET AND ERFORD ROAD, CAMP HilL. PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Your entire medical chart reaardina Sandv Klnlev, DOB 10/08/64 includino but not limited to: 1) anv and all medical records reoardino treatment rendered from 6/22/95 to the oresent: and 2\ anv and all blood and alcohol testino records and reoorts includina but not IIm~ed to breathalvser testinos and results, blood alcoholtestinas and results, chemical analvsis reoorts, laboratorv reoorts, nursina notes, ooHce notations/reoorts, chain of command documents and anv and all records not soecificallv Identified above. You are reauired to oroduce these records to Kathleen Dovle Yaninek. Esouire, METTE. EVANS & WOODSIDE at 3401 North Front Street. Harrisburo. PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this sUDpoena, together with the certlficate of compliance. to the party making this request at the address Hsted above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought It you tail 10 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 ~. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: Name: KATHLEEN DOYLE YANINEK. ESQUIRE Address: METTE. EVANS.. WOODSIDE 3401 NORTH F"<ONT STREET HARRISBURC, PA '17110 Telephone: 1i171 '-32-5000 Supreme Co~rt lOll 7~~J5 ATTORNEY FOR: Plall,:htr DATE; {J ,r"J ,'~ 7 ...)c" /9; 7 , t BYTH,E S~tJRT: /) . ) ~j /r~./.'(..,,;,~..., _ r'"I,( . ~I/') r#f J " (Prothonotary/Clerk. Civil Division) 4 . C ~- 1 " ,-.... ''- ; ,., , _, ." ..,f , Deputy IUtU:! I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO, 97 A8i! CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AUDREY GUISTWHITE, Plaintiff SANDY KINLEY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: OFFICER JUSTIN SPAULDING. LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 1993 HUMMEL AVENUE, CAMP HILL. PA 17011 (Name of Person or Entity) Wrthin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things ~l: :~e file r~~~i~o a m~:or vehicle accident which occurred on 6/22/95 Incident Number 95-214R. . ifn ~~est Inc ud ut is n limited to alllnvestioative reoorts, chain of 80mmand documents, breathalvser ~s~. : a~d ~~S~I~~bl~O~ alC~hol t;stin~s and results. chemical analvsis reoorts and laboratorv reoorts e 0 e 0 the rive 0 Un' #1 Sand Kinlev. DOB 10/08/64, and anv and all file contents not soecificallv identified above, You are reoulred to oroduce these records to Kathleen Dovle Yaninek, Esouire METTE, EVANS & WOODSIDE at 3401 North Front Street. Harrfsburo, PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance. to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service. the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: Name: KATHLEEN DOYLE YANINEK. ESQUIRE Address: METTE. EVANS & WOODSIDE 3401 NORTH FRONT STREET HARRISBURG, PA 17110 Telephone: (717)232-5000 Supreme C~urt 10#]34.15 ATTORNEY FOR: Plaintiff DATE: '/?'7',r-1 _,C:;, 1<;:=7 BY THE COURT: n /) /" /. I('/~/...,,'c..,.,- ,>- L~ ,~..(<_t!..f'/ I (Prothonotary/Clerk, Civil Division) 4,~,- p'-/}~., >'v- ~ ( Deputy , 111103 1 _..4""...W~".,,,.,.,,,,>;,:,,,,"'{."<::~.I~.$f' ~'n"'<1'\'~T"""""''''''''''''''''~---''-' . CO '/ O{ tne {oregoing doCument upon ..:t.. \tIat I am \tIis da,/ set"/Ing a p I nere'o'/ cel\" J . d . ... """"" ,,,",,,\ed "",'" "",ot> _'''' ,all"''' "'" ... ,,(SOOt,) an .n .. 00"" of , . C' 'j procedure, '0'/ depOSItIng a l" penns,/I'Janla Rules 01 I'JI ....."""""" of "" . " . _ .an,,,,,,.n'" F"" CI." ",11. .- '" .....e united states N\all, paens ' same \" II' prepaid, as {o\\Q'Ns'. c c DenniS .l. eonetti, Es~u.ire peters &. Wa5i\e{5~1 293'\ No{\n rront street \-Ia{tis'ourg, pp- '\1,\'\0 t/lEiiE. E" f>.NS &. WOODSIDE lJ"'/' Cl'RIS,Q."ER C. CO....E" ESOOIRE Sllpl'"" colllt \'0, #-'36401 I",,"LEE" Oo'LE "",..EI<. ESOOIRE Sllpl,t1I' COIlIt \'0, #134AS 340'1 No{\n Front street p 0 eOy. 5950 ~a~s'ourg, pfl., '17'\'10.0950 t7'17) 232-5000 fl.,ttorne,/s lor Plaintifl I. , \. i , \ , \ \ I \ \ , \ I \ \ , \ \ i i \ \ \ \ \ \ i \ \ I \ : . \ , \ \ i \ Exhibit B ....'..l.'..ur.... .~;'f"'. IfI" ""C'c\ID G} "'~""I."r.... ..m... Ir,,' "(OUID @ exhibit C ,- ,...,. . - i ~ : , , " " ; , ( t' (, r, ,"', F ~, 1-: L II r- C- ee ':'.J . '__ _~___:_ It-_c'__ AUDREY GUISTWHITE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 97-JO'l9 NO, 07 a8S. CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED v. SANDY KINLEY, Defendant PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Audrey Guistwhite, by and through her attorneys, Mette, Evans & Woodside, P.C" and replies as follows to the New Matter of Defendant Sandy Kinley: 26. Denied, The averments of paragraph 26 are legal conclusions to which no response is required, To the extent paragraph 26 contains any factual allegations, they are denied pursuant to Pa, RC,P. No. 1029(e). 27. Denied, The averments of paragraph 27 are legal conclusions to which no response is required, To the extent paragraph 27 contains any factual allegations, they are denied pursuant to Pa, RC,P. No, 1029(e), 28, Denied, The averments of paragraph 28 are legal conclusions to which no response is required, To the extent paragraph 28 contains any factual allegations, they are denied pursuant to Pa, RC,P. No, 1029(e), 7, At the aforesaid time and place, the PlaintitT lawfully entered onto State Route 015 North from Ramp F otTofState Route 8007. 8, After lawfully entering onto State Route 015 North at the aforesaid time and place, the PlaintitT signalled and proceeded into the left/passing lane of State Route 0] 5 North, 9, At the aforesaid time and place, Defendant Kinley negligently, carelessly, recklessly, willfully and wantonly crashed her vehicle into the rear of the Plaintiff's car, 10, After Defendant's car was crashed into the rear of the Plaintiff's car and the vehicles had stopped, Defendant Kinley exited her car and lost consciousness. II. A blood test the police conducted on Defendant Kinley indicated a .14 blood alcohol level. 12, As a direct result of the aforesaid accident, the PlaintitTsustained serious injuries, including, illler alia: a. cervical spine injury; b, left shoulder injury; c. left upper extremity injury; d, chronic headache; and e, left upper arm contusion, 13, As a direct result of the aforesaid accident, the Plaintiff has and continues to sutTer from cervical spine pain, chronic headaches, left upper extremity pain, and left shoulder pain, -2- 14, As a direct result of the aforesaid accident, the Plaintiff has and continues to suffer from decreased range of motion of the cervical spine with paravertebral spasm, contracture and tenderness with severe forward head kyphosis, occipital headaches, and decreased strength in the left upper extremity, 15, As a direct result of the aforesaid accident, the Plaintiff has suffered serious and permanent impairment including limited side bending both to the left and the right, and limited rotation, 16, As a direct result of the aforesaid accident, the Plaintiff was treated at the hospital, underwent physical therapy, including traction and aqua therapy, and wore a Philadelphia collar, 17. As a direct result of the aforesaid accident, the Plaintiff has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and future mental anxiety; c. Past and future incidental costs; d. Past and future loss of life's enjoyment; e, Past and future medical expenses; and f. future loss of earnings and past and future loss of earning capacity. - 3 - ~ >- 00 u: c:. " \ ~ 0 I+~": "", iu ~ f() IJ.'c" .. a u ZJ '1: '" r-- ~ !,' " ~::' - , " "'i (,: ':::1 -j ~ ~ -. -' o- J ~ ~ J. lo " ; ~ j ,j e, 0 ~~ t., -~ '--' r', ~ V) ,,- ',"; 'j-- ~ '4 l_ i , i i I I I , i , . ! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 1079 NO, 97 30:)7 CIVil TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AUDREY GUISTWHITE, Plaintiff SANDY KINLEY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF MEDICAL RECORDS, HOLY SPIRIT HOSPITAL. N, 21 ST STREET AND ERFORD ROAD, CAMP HilL. PA 17011 (Name of Person or Entity) Wrthln twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Your entire medical chart reoardlno Sandv Kinlev, DOB 10/08/64, includina but not limned to: 1\ anv and all medical records reoardlno treatment rendered from 6/22/95 to the oresent: and 2\ anv and all blood and alcohol testina records and reoorts, includlno but not limited to breathalvser teslinos and results. blood alcohol testinos and results, chemical analvsis reoorts, laboratorv reoorts. nursino notes oollce notationslreoorts, chain of command documents, and anv and alt records not soecificaltv identified above, You are reauired to oroduce these records to Kathleen Dovle Yanlnek. Esauire, METTE, EVANS & WOODSIDE at 3401 North Front Street. Harrisburo, PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: KATHLEEN DOYLE YANINEK. ESQUIRE Address: METTE. EVANS /l, WOODSIDE 3401 NORTH FRONT STREET HARRISBURG. PA 17110 Telephone: anI 232-5000 Supreme Court 10# 73445 ATTORNEY FOR: Plaintiff DATE: '{)"fu.,1 d.9 /997 BY~tJRT: f) . ) &. /~ ;'/(?c",n' _ 1.( . " ..J , (Prothonotary/Clerk, CMI DMsion) A " " p ~~ ~~.(,r- Deputy 1111031 COMMONWEALTH OF .PENNSYLVANIA COUNTY OF CUMBERLAND v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA .1079 NO. 97.369T-CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AUDREY GUISTWHITE, Plaintiff SANDY KINLEY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: OFFICER JUSTIN SPAULDING. LOWER ALLEN TOWNSHIP POLICE DEPARTMENT 1993 HUMMEL AVENUE, CAMP HILL. PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Your entire file recardinc a motor vehicle accident which occurred on 6/22/95, Incident Number 95-214R, This recuest includes but Is not Iim~ed 10 alllnvestioalive reoorts, chain of command documents breathalvser testinos and results. blood alcohol testinos and results, chemical analvsls reoorts and laboratorv reoorts ~erformed on the driver of Unit #1 , Sandv Klnlev, DOB 10/08/64. and anv and all file contents not soeclficallv Identified above. You are recuired to Droduce these records to Kathleen Dovle Yaninek, Esouire, METTE. EVANS & WOODSIDE at 3401 North Front Street. Harrisbura, PA 17110 (Address) You may deliver or mall legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, In advance, the reasonable cost of preparing the copies or prOducing the things sought. If you fall to produce the documents or things required by this subpoena, within twenty (20) days after Its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: Name: KATHLEEN DOYLE YANINEK. ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET HARRISBURG, PA 17110 Telephone: 17171 232-5000 Supreme Court 10#.13445 ATTORNEY FOR: Plaintiff DATE: j]'y',<:'1 _/<;, /997 BY THE COURT: p Ct) 11 I,/~-",,'c..r,.. ..e7 / / , (Prothonotary/Clerk. Civil Division) -0<=,,< P ';l?,4.,., "y r-- ( Deputy - 111103 I (: lCl ?:. ~ l>~ .. i.:_~~~ ~n - 9 ~: (.,... '..- iF': n.. .- CJ~ ,-,. ,'oJ :.:,S:? C '. u.. c.. N ...J . .~,. c.:.1I! I'l. i111:J 1'= h. '-'ill. ,r; ~ l- S tJ" U " EXPI.ANATION ()to' IUo:C)IIllU;U IU.;('()I(US TO: {'USTO/)I1\N OF IU:('OIUJS 1'01{; 1'1\1\111.'1' I'IIYSI('I1\NS I "IIIIIIRIIJ(jE STI{EET NI'W ('I/(\IIIERI.1\N/). M 1711711 IHi: .1'1711(, 1\1 JIlRFY (j( IISTWIIITF 1\IIY allll allll'Clllds. Clln""(111IIlI"IICl', lill's allllllll'lIlllnllllltllllS. hallllwlilll'lI 1I11ll'S, hilHIIl! HlIlI pa)'1I1l'1I1 Il'cllllls. Il'Iatillg tll all)' cxalllillalillll. mllSllllalillll, can' III IIl'alllll'lIl. J)nll'.~ Urlllll',~h'lI: 1111 1011I111 illr!lIl1ing Ihr 111'l'.~rlll, SlIh,jrct : AUDlmV (;UISTWIIITE 1.\01) AI'I'L!( U1UVE. I\JECIIANICSIIUUG. I'" 17055 "ilJIII. III II! .\11 "I 7 t 1(. _ I." I .... r::') ~ e:: c.:: -, . . , ",t" _'7 <j i t: 0, ., y; (" ,,; " - -,oj: 1-. i'J h. C_: I W 11. ,- ~:\ <..J 0' U . i5; If) f:: If; -, ~ ~. .. :-:',0( ~O ~ hi> it?(j "'- C'J':;' ~ -:;.... '-r." '._')~ ~rl C' )- M . "(1) 0; I :1,;-; ,'- 'J~ ;.. .~'t. I _I t'1uJ 0:" :::> Gla.. r-= -, ::~ \I. t- :;J 0 (1l u 2 ~ 0 ~ ~ J p ~hH WJl n. 0( ~ N ~ 0::: Z .. ::..1...... 9- .:1 f_)~~ ,~ :t: t..,):( (L -. r..':\~ co ,;:(:: ,~ .,~::..: u. N 'Y?:." -~ -' ")lO 2 t1}u... . ~ Il_ l- :;J 0 c' U - . ll: j 0 ~~J=I ~ 14 i iii qi ~ liE Wi! n. 0( PETERS & W ASILEFSKI Dennis J. Bonetti, Esquire I.D. No.: 34329 2931 North Front Street Harrisburg, PA 17110 (717) 238- 7SSS AUDREY GUlSTWHITE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 97-3079 CIVIL TERM SANDY KINLEY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT. SANDY KINLEY TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NOW, comes Defendant, Sandy Kinley ("Ms. Kinley"), by and through her counsel, Peters & Wasilefski and hereby files the following Answer to Plaintiffs Complaint. 1. Denied. After reasonable investigation, Ms. Kinley is without knowledge or information sufficient or belief as to the truth of the averments contained in paragraph 1 and the same is therefore denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Ms. Kinley is advised by counsel and therefore avers that the allegations contained in paragraph 6 state conclusions of law to which no answer is necessary. To the extent an Answer is necessary, the avennents contained in paragraph 6 are denied pursuant to Rule 1029(e). 7. Denied. Ms. Kinley is advised by counsel and therefore avers that the allegations contained in paragraph 7 slate conclusions of law to which no answer is necessary. To the extent an Answer is necessary, the averments contained in paragraph 7 are denied pursuant to Rule 1029(e). 8. Denied. Ms. Kinley is advised by counsel and therefore avers that the allegations contained in paragraph 8 state conclusions of law to which no answer is necessary. To the extent an Answer is necessary, the averments contained in paragraph 8 are denied pursuant to Rule 1029(e). 9. Denied. Ms. Kinley is advised by counsel and therefore avers that the allegations contained in paragraph 9 state conclusions of law to which no answer is necessary. To the extent an Answer is necessary, the averments contained in paragraph 9 are denied pursuant to Rule 1029(e). 10. Denied. The averments contained in paragraph 10 are denied pursuant to Rule 1029(e). II. Denied. The averments contained in paragraph II are denied pursuant to Rule 1029(e). 12. Denied. After reasonable investigation, Ms. Kinley is without knowledge or information sufficient or belief as to the truth of the avennents contained in paragraph 12, including subparagraphs (a) through (e) are inclusive and the same is therefore denied. By way of further Answer, the averments contained in paragraph 12 are denied pursuant to Pa.R.C.P. 1029(e). 13. Denied. After reasonable investigation, Ms. Kinley is without knowledge or information sufficient or belief as to the truth of the averments contained in paragraph 13 and same is therefore denied. By way of further Answer, the averments contained in paragraph 13 are denied pursuant 10 Pa.R.C.P. 1029(e). 14. Denied. After reasonable investigation, Ms. Kinley is without knowledge or information sufficient or belief as to the truth of the averments contained in paragraph 14 and same is therefore denied. By way of further Answer, the averments contained in paragraph 14 are denied pursuant to Pa.R.C.P. 1029(e). 15. Denied. After reasonable investigation, Ms. Kinley is without knowledge or information sufficient or belief as to the truth of the averments contained in paragraph 15 and same is therefore denied. By way of further Answer, the averments contained in paragraph 15 are denied pursuant to Pa.R.C.P. 1029(e). 16. Denied. After reasonable investigation, Ms. Kinley is without knowledge or information sufficient or belief as to the truth of the averments contained in paragraph 16 and same is therefore denied. By way of further Answer, the averments contained in paragraph 16 are denied pursuant to Pa.R.C.P. 1029(e). 17. Denied. After reasonable investigation, Ms. Kinley is without knowledge or information sufficient or belief as to the lruth of the averments contained in paragraph 17, including subparagraphs (a) through (I) are inclusive and the same is therefore denied. By way of further Answer, the averments contained in paragraph 17 are denied pursuant to Pa.R.C.P. 1029(e). 18. Denied. Ms. Kinley is advised by counsel and therefore avers that the allegations contained in paragraph 18 are scandalous, impertinent and does not constitute a statement of material fact admissible in the present case. By way of further Answer, the averments contained in paragraph 18 are denied pursuant to Pa.R.C.P. 1029(e). COUNT I Negligence 19. Denied. Ms. Kinley hereby incorporates her Answer to paragraphs 1-18 as though the same were fully set forth herein at length. 20. Denied. Ms. Kinley is advised by counsel and therefore avers that the allegations contained in paragraph 20, including subparagraphs (a) through (n) inclusive, state conclusions of law to which no answer is required. By way of further Answer, the averments contained in paragraph 20, including subparagraphs (a) through (n) inclusive, are denied pursuant to Pa.R.C.P. 1029(e). 21. Denied. Ms. Kinley is advised by counsel and therefore avers that the allegations contained in paragraph 21 state conclusions of law to which no answer is necessary. To the extent an Answer is necessary, the averments contained in paragraph 21 are denied pursuant to Rule 1029(e). 22. Denied. After reasonable investigation, Ms. Kinley is without knowledge or information sufficient or belief as to the truth of the averments contained in paragraph 22 and same is therefore denied. By way of further Answer, the averments contained in paragraph 22 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Sandy Kinley demands judgment in her favor and against Audrey Guistwhite, without costs. COUNT II Punitive Damages 23. Denied. Ms. Kinley hereby incorporates her Answer to paragraphs 1-22 as though the same were fully set forth herein at length. 24. Denied. Ms. Kinley is advised by counsel and therefore avers that the allegations contained in paragraph 24, including subparagraphs (a) through (n) inclusive, state conclusions of law to which no answer is required. By way of further Answer, the averments contained in paragraph 24, including subparagraphs (a) through (n) inclusive, are denied pursuant to Pa.R.C.P. 1029(e). 25. Denied. Ms. Kinley is advised by counsel and therefore avers that the allegations contained in paragraph 25, state conclusions of law to which no answer is required. By way of further answer, after reasonable investigation, Ms. Kinley is without knowledge or information sufficient or belief as to the truth of the averments contained in paragraph 25 and same is therefore denied. By way of further Answer, the averments contained in paragraph 25 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Sandy Kinley demands judgment in her favor and against Audrey Guistwhite, without costs. NEW MATTER 26. Plaintiffs' claims are barred by the applicable Statute of Limitations. 27. Any damages Plaintiffs may recover in this action should be reduced or barred, in whole or in part, by the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 28. Plaintiffs alleged injuries and damages, if any, which are specifically denied, may have been caused, either in whole or in part by the acts or omissions of third parties other than Defendant. 29. Plaintiffs' injuries and damages, if any which are specifically denied, may have been pre-existing, either in whole or in part and/or not causally related to the accident giving rise to the present litigation. 30. Plaintiffs' claims are reduced or barred by the Comparative Negligence Act. Plaintiffs contributory negligence consisted of, but is not limited to: a. Failing to yield the right of way; b. Inappropriately proceeding to make a lane change; c. Failing to keep a proper lookout; d. Failing to pay attention to other traffic on the highway; and e. Failing to take appropriate evasive maneuvers in an attempt to avoid the impact. WHEREFORE, Sandy Kinley demands judgment in her favor and against Audrey Guistwhite, without costs. and are nol reasonably calculated to Icad 10 thc discovcry of admissiblc cvidcncc for thc following rcasons: a. A truc and corrcct copy of the police report of Officer Spaulding is attached hereto as Exhibit A. Nothing in the police rcport suggests that thc allegcd driving under the influencc had anything to do with causing the motor vchicle accident in the present casc. b. To the contrary, lhc policc report includes the admission ()f Plaintiff, Audrey Guistwhile (driver 2) thaI .she did not see unit 1 when she pulled from the ramp onto Route 15. c. The diagram attached to the police report reflects that Plaintiff pulled from the cntrance ramp dircctly into thc left northbound lane of Route 15. d. It is clear that Plaintiff failed to yield the right of way under the facts and circumstances of the present case. e. Plainliff, at not time. has proffered any evidence to suggest that the alleged blood alcohol content of Ms. Guistwhite caused or contributed 10 this motor vehicle accident. f. Ms. Guistwhite has successfully completed an ARD program with regard to the charges of Officer Spaulding. Pursuant to Pa.R. Crim. P. 177(b): Information or slatemenl supplied by the Defendant to the Attorney for the Commonwealth in the ARD application shall not be used against thc Dcfcndant for any purpose in any criminal proccedings, CXCcpl a prosccution bascd on the falsity of the informal ion or stalemcnt supplicd. g. In the present case, Plaintiff is attempting to improperly use highly prejudicial information, which is irrelevant and not reasonably calculated to lead to relevant information by pursuing information with rcgard to the blood a1cohollevel of Ms. Kinley. As such, the court should prohibit Plaintiff from obtaining this information pursuant to Pa.R.C.P. 4003.1. 5. Objection and denied. Defendant hereby incorporates her objection and denial to paragraph 4 as though the same were fully set forth herein at lenglh. 6. Admitted. 7. Objection and denied. Defendant hereby incorporates her objection and denial to paragraph 4 as though the same were fully set forth herein at length. 8. Admitted. 9. Admitted in part and denied in part. It is admitted that Defendant has requested a medical authorization. but it is denied that Plainliff is entitled to said authorization. To the contrary, Ms. Kinley hereby incorporates her objection and denial of paragraph 4 as though the same were fully set forth herein at length. 10. Admitted. By way of further answer, Ms. Kinley hereby incorporates her answer to paragraph 9 as though the same were fully set forth herein at length. 11. Denied. It is specifically denied that the blood alcohollesting records and ehain of custody documental ion are highly relevant to the issues of liability causation and punitive damages, which are being litigated as a result of the June 22, 1995 accident. To the contrary, Ms. Kinley hereby incorporates her answer to paragraph 4 as lhough the same were fully set forth herein at length. WHEREFORE, Sandy Kinley respectfully requests that lhis Honorable Court enter an Order prohibiting Plaintiff from oblaining any infonnation with regard to the alleged blood alcohol level of Ms. Kinley under the facts and circumstances of the present case. PETERS & W ASILEFSKI By: F()~ Date: 1l-IJOln De IS J. Bon I, Esquire torney I.D. #34329 2931 North Front Street Harrisburg, PA 17110 717-238-7555 VERIFICATION I hereby affirm that the following facts are correct: Sandy Kinley, is a Defendant in the foregoing action. The attached Answer of Defendant to Plaintiffs Motion to Compel is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answer of Defendant to Plaintiffs Motion to Compel is that of counsel and not of me. I have read the Answer of Defendant to Plaintiffs Motion to Compel and to the extent that the Answer of Defendant to Plaintiffs Motion to Compel is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer of Defendant to Plaintiffs Motion to Compel is that of counsel. I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer of Defendant to Plaintiffs Motion to Compel is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated:1;;}. - d. q - '77 1/1/ ,I~ "(f"ir,j" ExhlbR A U cJ:.. . 3 /1-'- {4~ '~I (!A-!JE. Ala tJ's--043f7 COMMONWEAL TH OF PENNSYL VANIA .- , POLICE ACCIDENT REPORT (x;0REFER TO UVERLAY SHEETS ......';1' REPORTABLE :sa NON. REPORTABLE 0 PENNOOT USE ONLY ,""'~"".J -. - '''''')'.It.\;'X'~--.; . :..."to!..'? r:l::,"AcCIDENT LOCATlciN?,~'~5"'..!~1.t-~ ',. . , . . . . : :;;.;... POLICEINFORMATlON:.~",f".;~;':~\. .... ~'!.lk/'" ......#.....~. '.if '_~' .... ".' .. INCIOENT 9~-J /J./L 20. COUNTY c.u It' ~14N.) 3.~E NUMBER 2. AGENCY L ALLt,.J 7"WJ' 21. MUNICI~r D'JM }~~ NAME ~i.t... WVL 3. STATION! ~ 1 r- rlo/fo J.3~.;:, ..~~Ol. /c:J' 7 PRINCIPAL ROADWAY INFORMATION PRECINCT ,... 5. INVESTIGATOR & l . IIAOGE I J' 22. ROUTE NO. OR ('A 61 S- ;./ M !),.J",,- NUMBER STREET NAME a. APPROVEO BY IlAOGE It 23.SPEEO '9'0 ~~PE ,2 re;~CCESS 2- ~'^-..-'- NUMBER LIMIT HIGhWAY CONTROL 7'~:,!i;snGATION C.p;:J. ~,..:r la,:'~IVAl ~/b INTERSECTING ROAD: . !..... : ACCIDENT INFORMATlC?N:::{1m\;~: :,. .. 28. ROUTE NO. OR J ~ ~7 ~ ~p ;= STREET NAME 9. ACCIOENT , -~L-~r- '0. CAY OF ween oJiC-. 27. SPEEO AI!' ~(lPE . L ~~CCESS 'L , OATE LIMIT HIGHWAY CONTROL I 11. TIME OF C)o/J 12. NUMBER Z- IF NOT A T INTERSECTION: , OAY OF UNITS i '3. , KIlLED If ,... , INJUREO:;:L '5. PRIV. PROP. yO N~ 30. CROSS STREET OR i ACCIOENT SEGMENT MARKER '8. 010 VEIllCLE HAVE TO BE REMOVEO 7. VEHICLE OAMAGE 3'. OIRECTION N 5 E W 132. OISTANCE MI. i FROM lliE SCENE? O,NONE UNIT' crJ FROM SITE FROM SITE FT. UNIT I UNIT 2 '.UGHT 33. OISTANCE WAS ME~REO 0 0 I 2, MOOERATE rn ESTIMATEO yLk]'ND Y~ND ~.SEVERE UNIT 2 ~CONSTRUCTION TRAFFIC PRINCIPAL INTERSECTING: ZONE I c> I COI/mOL @] rn i lB. HAZAROOUS yDNes 9. PENNOOT yO N~ OEVICE MATERIALS PROPERTY . ". UNIT 111 ,.:~<: . .;,,\'<.:.,. " UNIT' 2 . . , ,,:.~;. I -. . . . . 36. LEGAllY Y,&!fj37. REG. /I A ~ s-S'ft:!. 138.~E 38. LEGALLY Y & 137. REG. YI'V 71S 13a'~lE i PARKEO? 0 PLATE PARKEO? 0 PLATE 39. PA TITLE OR .v)~S-' 79 ?~C>I 39. PA TITLE OR "Y.J.? 93J13?fJl OUT.QF.STATE VIN OUT .QF-5TATE VIN .0. OWNER .. r A-N 1> '1 X"JLlE '-!. .0. OWNER .< o/.Jr'f/-Jit'1'c ,frj()1tl/ , .,. OWNER -1S"'/2. 1J.~1<i1 1/7/,€. ... OWNER /3C.7 kJ,PI..#.. f)IL I AOORESS AOORESS .2. CITY. STATE .lhtLl.l !xU!. Il J'. /7//0 .2. CITY. STATE M Ii CJI>>; rlu-L A ... 7cl,,-:r- : 4 Z1PCOOE .! . ~ 4 Z1PCOOE ";/CJ u 'r <J. YEA~ n If' ....MA~ ;t.c..J Q V II <J. YEAR /7~J I.... MAKE ~ J'hof , , .5. ~gg;'n-~~T f'1Z......1. \)0 e 1.s.IN,Sts1I ol5. MOOEL .tNOT A iL.D l.s. I~loi Y NO UNKO BOOY TYPE) C46 Y NO UNK[]: f$~~; tJ:J- ~~PECIAL 0 fe'~EHICLE ,/ e~OOY oC{ ~~PEClAL 0 ~~EHIClE / USAGE OWNERSHIP TYPE USAGE OWNERSHIP i ~:NIT1AL IMPAc;1z. ~~EHICLE C> f&~~L S ~ ~~NIT1AL IMPA~ ~~EHlClE 6 re~VEL 9t1 , POINT STATUS POINT STAruS SPEEO , ~~EHICLE / ~~RIVER = 1 /1 ~~RIVER 2- eJ~EHICLE / ~~RIVER ,r l ~~RIVER I , GRAOIENT PRESENCE CONOITION GRADIENT PRESENCE I CONOITION I 58. DRIVER dl:J1.f G. J... 77'L 157. S7ATE 56. DRIVER /2/"ZS-S76 157.~~ , NUMBER NUMBER I 5B. ORIVER J If,,} j) <.l I<-ltJL f '1 58. ORIVER Au j IZ... ~ 6; i.J tJ'7l.-J I.. I rtS. ! NAME I "I NAME 0 59. ORIVER 3~J2- 1}'lJ,~1'J" 1hI~ 59. ORIVER / J ,~' A7>. Lf( bit. , AOORESS AOORESS <:) t# 60. CITY. STATE w., / 1blJ.1.fl ~~ /7/10 60. CITY. STATE /J11E.C.JfI4,Jltl!..;t,J" ~ /7o.fr ! 4 Z1PCOOE . . 4 ZlPCOOE 6'- SEX;:: 62.0ATEOF /0 Of-lOr 1~~He.N! 5'71] 61.S~ 162.~~OF6 -1.?-Y3 1!7~~!!.E 17VI : BIRTH ' 601. COMM. ~vg;, 65. ORIVER 166. ORIVE" &to COMM.~. 165. DRIVER 166. ORIVER YO N CLASS 55- YO CLASS 55' 67. CARRIER 67. CARRIER 68. CARRIER 66. CARRIER , AOORESS AOORESS , 69. CITY. STATE 89. CITY. STATE 4 ZlPCOOE 4 ZlPCOOE 70. USOOT . Ice" PUC' 70. USOOT , Ice. PUC' I5l~EH (73. CARGO 7'. GVWR ~~EH "3 CARGO 74. GVWR CONFIG. 1'-'1 OOY TYPE CONFIG. I'=< OOY TYPE 75. NO. OF (76. HAZAROOUS n. RELCj5E 'lJHAZ ....0 75. NO. OF "6 HAZAROOUS 77. Re~ E5 HAl MAT AXLES 1"-" MATERIALS Y N UNK AXLES 1'=0 MATERIALS Y N UNK 0 AA""'5 (1/921 PAGE; -I. '- CENTER FOR HIGHWAY SAFETY 1275270 - 78. RESPONDIKG EMS AGENCY INCIDENT II: . 9 S"-:U.I//L. 711. MEDICAL FACIUTY ACCIDENT DATE: ~PEC'LE INFo.-%IA nON BCOEF G NAME ADDRESS H I J K L M I I ~ 10 S I I -nlLl\Ji!~ /d I ;y i~ E S> I 1- I f' /j 3 I 0 UI ilv..... If.t.- 'I 11 J' / @'LLUMINATlON [13 @WEATHER ~ llll. DIAGRAM .:?J I @ROAO SURFACE [j] 84. PENNSYLVANIA SCHOOL DISlilICT : : or./.: : (IF APPLlCABI.E) ......... ...... ..~....... ('~... ..O:Ir..... ..... ......i........... ....... i.... ..... . .... BS. DESCRIPTION OF DAMAGEO PROPERTY I I [> I I ~I z....[:> I - - - - . . . . . OWNER .................................................. ............................................................ AOORESS PHONE ~.7~>i>..r..t>j..................1.......................:...... 87. NARRATIVE -IDENTIFY PRECIPITATING EVENTS. CAUSATION FACTORS. SEOUENCES Of EVENTS. WITNESS STATEMENTS. NIl) PROVIDE AOOIT1ONAI. DETAILS. UKE INSURANCE INFORMATION AND LOCATION OF Tl70YED VEHICLES. IF KNOWN. . I (//0/"- tIf~ ~~ "lIlln~l J%..J..... ~ ~elJ d'~,J c.,,"'~/tJ ~I"! ,L - r. J".L..\1)o? /A/,e.r' ~,..." ~.//d h ."". '/Jze... ~/- - /-""1 L.. LJ-.{ L -~ 'tA ^,;(' ,<J /~ '/l. -".,rlft-f ",,.:.. (JN~ N-/, V, ~ P /. ~ f'1ituc...JoC- JJ,.j I ,.. #,2. /".) 1i:.. A..~... --n VIH /Vb S Ic-I P AtAJ Y.. .e:~ ~~ I",,~~.,-. n~NJe./.. fIfJ./ &.Jt';4~t) 1.k. VGl"..k ~}} , 7';;; IU OcX .1M'" V)<l., J'u",~ _ /1/~fJ ",~-r 6.oJ ;~/tJv... #./ ,/"Ytr~ . WtLlVUl-lIz.. - '1) JII'- h,P JJcYr U/o/l"" U/ tAu ..!,(~ b.JlkJ S~ ~ ~-- 1)..... A. A ~Nib lf Ir.. INSURANCE COMPANY MMli:>rlc..,JultE INSURANCE aJMP~~tf}.JI1 INFORMATION INFORMATION UNIT POUCY ~ ri3 7'- 7? '1.,73 c.{ UNIT ~:?11J"r 001 IS";J 8' r.3 SP'-S I NO 2 NAME AOORESS PHONE llll. WITNESSES N....E AOORESS PHONE io.~' ego VIOlAOONS INDICATED 110. SECTlON NUMBERS (ONLY IF CHARGED) TO NTC .~. UNIT , ])\ft ~731 00 UNIT 2 ..F1Ur r5i ~,..Js. AN II tf, c.l J SIIj~S 00 - ~R08ABLE ~~PE ~RESULTS .DNOTEST .~~ rv",ROIlA8LE ~~PE :eJRESULTS ~IO TEST 94. INVESTIGATION USE / TEST USE TEST UNIT' / 01 f%O REFUSE ~ () () o %0 PEFUSE ? '- 0 UNK '-- 0 UNK vesm NO 0 M-45 (1/92) . ;.!- CENTER FOR HIGHWAY SAFETY 1275270 PAGE:_ ..... en ~ b; ('~ ~ .. .~)4""..r wQ c." C)-I Qr-' :l:: '~?i [E.;! 0- Q~ r- '''":l- oc; -3' _C'\Q 61~: N :~.z ~u. ~.- 0:: i-nrt n:p,f '"" (Ou.. r- x: ~~ I.. CD ::J 0 ~ U . .. . >- c. "- l.r; -" (-- --l; .. i ,- & ::'i< I lJJ~ '.J.;..,. i 0': ~- ~)~~~ I r-c ct t." 1::; of:- r- "'en I Or' , 'I~: I lJ.jl... ~'t" U : :\]{.j G:.. L._, ~'J Cl.. i::::' (;) . I I,_ m ""j , 0 en 0 I I I I 1 . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB. OF MECHANIC 175 LANCASTER BLVD P.O. BOX 2016 MECHANICSBURG, PA 17055 RE: 39706 AUDREY GUISTWHITE INCLUDING ALL PHYSICAL THERAPY RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: AUDREY GurSTWHITE 1309 APPLE DRIVE, MECHANICSBURG, PA 17055 Date or Birth: 06.13.43 SU10-139000 39706-L03 '. ~ C, -- C": r-- .:~ Q 0 ~-", -.< ~." o~" [tr.: :C (.)~ \...... ~" ,<! ~::::, :- <~'-~ ',1'. . .' UJ- !~. ;..: ~~ ~. 1...1l1.1 ~: :':'t :'."l... _..-, .....::~ L'- en ~ 0 0' U