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Home My WebLink About97-03257 .,. , ~ '): ~ ").- ~ - ct ~ \) ~ ~ ~ -J , - -- .::l - , ? 'f' - ~~ , L ~ ......---/ - \ III. Araument Plaintiffs objections should be overruled and Defendant should be allowed to serve a Subpoena in order to obtain Plaintiff-Wife's records from her mental health care provider. Plaintiffs object to Defendant's intent to serve a subpoena upon a mental health care provider in order to obtain the medical records of Plaintiff-Wife. Plaintiffs rely upon 42 Pa.C.S.A. ~5944 which is entitled 'confidential Communications to Psychiatrists or Licensed Psychologist'. Under Pennsylvania law, the privilege provided for under this section is not an absolute privilege and may be waived. ~ ~ Rost v. state Board of Psychology, ___Pa.Commw.___, 659 A.2d 626 (1995). For the reasons stated below, it is Defendant's position that the Plaintiffs have waived any privilege in this case. In paragraph 9(j), Plaintiff-Wife claims that she suffered 'extreme mental and physical anguish" as a result of Defendant's negligence. Additionally, Plaintiff-Wife claims that she sustained a permanent diminution in her ability to enjoy life and life's pleasures. ~ paragraph 16 of Plaintiffs' Complaint. In light of these claims, Plaintiffs have waived any right to protection of documents pertaining to Plaintiff-Wife I s mental health. ~ Loftus v. Consolidated Rail Corp., 12 Pa. D. & C. 4th 357 (1991) (wherein the court held that in order for a plaintiff to pursue psychological damages, a plaintiff must accede to discovery with regard to a mental health care provider with whom he or she - 3 - COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 Civil Term Plaintiffs v. CIVIL ACTION - LAW REBECCA E. TRITT, Defendant JURY TRIAL DEMANDED PRAECIPE OF DEFENDANT, REBECCA E. TRITT, TO WITHDRAW PRAECIPE FOR ARGUMENT To the Prothonotary of Cumberland County: In light of the May 12, 1998, Order of the Honorable Kevin A. Hess, scheduling Defendant's Motion to Rule upon Objections to Subpoena for Thursday, July 2, 1998, Defendant's Praecipe to List the Motion for Argument in the above referenced matter is hereby withdrawn. REYNOLDS & HAVAS A Professional Corporation Date: 5/11/~5 By: Michele J. Thorp Attorney I.D. #71117 j01 Pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Rebecca E. Tritt . CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the l'ld day of May, 1998, addressed as follows: Elizabeth A. Ontko, Esquire Shollenberger & Januzzi 1820 Linglestown Road Post Office Box 60545 Harrisburg, Pennsylvania 17106-0545 (Counsel for Plaintiffs) REYNOLDS & HAVAS A Professional corporation By: a0'LM'/ ~I /Jrhf Sharon Dell-Gallagher, Secretary DARLENE LINGENFELTER and HARRY LINGENFELTER. her husband. Plainti ITs IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA CIVIL ACT/ON. LA W VS. 97.]257 CIVIL REBECCA E. TRrrr. Defendant JURY TRIAl. DEMANDED IN RE: MOTION OF DEFENDANT TO RULE UPON OBJECTIONS TO SUBPOENA ORDER AND NOW. this I Z . day 01' fo.lay. (INIl, a oriel' argument on the within motion of defendant to nile uponoojeelions to suopocna is set Iln Thursday. July 2. 1998. at 9:30 a.m. in courtroom Numoer 4. CUllloerland Counl)' Courthouse, Carlisle. P A. BY TilE COlJRT. / , /J J1 Eli7.aoelh A. Ontko. ESljuire For the PlaintilTs . t..lI.... ,...~.l..( 511.>.14i~" u ~. '. Stephen L. Banko. Jr.. ESljuire For the Defendant :r1m \ r-iLr:c-r:~,:;:!r:~ ,...... ~ -. -., '..... ..;1..,1 C.'", I"" ,oJ . .; 10'1: :~D r \.. ~.', ' >, ,',\' r. >- C' '. ~~ IlJC~ 0:,: fF'. : c' C ~[ [[: i': 1,- () III L-: c.":: .. ... ~; ., . (L ~-'- .-.." . . ',:) I I:.....' .-. .. . ~ i" <''"L . . -~; G h. - ro en N ~ 1'1 j ell Ul Q <( ~ ~ Q) 0 > ~ " ~ ~ H $ N " 0 ~ 0 ~~~~l'l~ . N I u z en CD Z Z 1'1 mi6~~~ o ' o i U Ii: Q) > l ~ .J a . III . N O=Z9"O~ " . - z f 0 a:. .." . ~ Q, ~ >- > . " '- W 4( r ~ a: < ' o · ~ i ( J: - ~ .~ '" . COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 civil Term : Plaintiffs v. CIVIL ACTION - LAW REBECCA E. TRITT, Defendant JURY TRIAL DEMANDED MOTION OF DEFENDANT, REBECCA E. TRITT, TO RULE UPON OBJECTIONS TO SUBPOENA 1. Plaintiffs, Lingenfelter Darlene and Harry Lingenfelter ("Plaintiffs"), commenced this action by way of Complaint filed on or about June 18, 1997, at Cumberland County Docket Number 97-3257. A copy of Plaintiffs' Complaint is attached hereto, incorporated herein by reference and marked as Exhibit 'A". 2. On or about August 12, 1997, Defendant filed Preliminary Objections to Plaintiffs' Complaint. Said Preliminary Objections were granted by way of Order and Opinion dated April 28, 1998. 3. On or about March 30, 1998, Defendant served upon Plaintiffs a Notice of Intent to Serve Subpoena regarding Plaintiff-Wife's records from Mental Health Center at Holy Spirit Hospital. A copy of the Subpoena is attached hereto, incorporated herein by reference and marked as Exhibit 'B". 4. On or about April 3, 1998, Plaintiffs objected to Defendant's Subpoena pursuant to Rule 4009.21. A copy of Plaintiff's Objections to Subpoena Pursuant to Rule 4009.21 is attached hereto, incorporated herein by reference and marked as Exhibi t 'C". 5. The basis for Plaintiffs' objection appears to be that the requested records are allegedly protected by 42 Pa.C.S.A. ~5944 entitled 'confidential Communications to Psychiatrist or Licensed Psychologist." 6. Plaintiffs have waived any objection to the requested records by putting Plaintiff-Wife's mental and emotional condition at issue in this case. 7. Specifically, Plaintiffs claim in Paragraph 9(j) of their Complaint that Plaintiff-Wife suffered 'extreme mental and physical anguish." ~ Exhibit A. 8. Furthermore, Plaintiffs allege in Paragraph 16 of their Complaint that as a result of her injuries, Plaintiff-Wife has sustained a 'permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed." ~ Exhibit A. 9. In light of the allegations of mental and emotional injury contained in their Complaint, Plaintiffs have waived any privilege or claim of protection for the requested records. 10. Pa.R.C.P. No. 4009.21 provides that if objections are received by the party intending to serve the subpoena prior to its service, the subpoena shall not be served and the Court shall upon motion rule upon objections and enter an appropriate order. - 2 - 11. Accordingly, Defendant filed the instant Motion requesting an Order overruling Plaintiffs' objections and permitting Defendant to obtain the requested discovery. WHEREFORE, Defendant, Rebecca E. Tritt, respectfully requests that this Honorable Court enter an Order overruling Plaintiffs' objections and permitting Defendant to obtain the requested discovery by serving the above referenced Subpoena regarding Plaintiff-Wife's records from Mental Health Center at Holy Spirit Hospital. REYNOLDS & HAVAS A Professional Corporation Date: 5/'5 /~?5 By: Michele J. Thorp Attorney I.D. #71117 l01 Pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Rebecca E. Tritt - 3 - Exhibit A I, '. !I ;j ij Ii ;1 I' I 'I DARLENE LINGENFELTER and HARRY LINGENFELTER, He~ Husband IN THE COURT OF COMMON PLEAS CUMBERLA};C COUNTY, PENNSYLVAi.'H.; Plaintiffs 'I. NO. REBECCA E. TRITT Defendant CIVIL AC"ION LAW JURY TRIAL DEMANDED COMPLAINT ,I !i Ai.~D NOW comes the Plaintiffs, JA?~E~E LINGENFELTER and r~RRY LINGENFELTER, he~ Husband, by ar.d through their attorneys, the LAW OFFICES OF TI:.l07:;', ;... SHOLLENBERGER, and does respectfully represent the :cl:o~ir.g: 1. The Plaintiffs, DARLENE LINGE::FELTER and HARRY LINGENFELTER, her husband, are adult ir.dividuals who cur~ently reside at 206 April Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, REBECCA E. T~:TT , is an adult ir.dividual whose last known add~es5 is 7 Greenway Drive, ;'lechanicsburg, Cumbe~land County, ?er.:-.s',l vania. 3. The facts and circumstar.ces he~einafter set forth took place on August 27, 1995 at C~ acout 10:30 a.m. at the inte~section of Simpson Ferry Road ar.d St. Johns Church Road, Hampden Township, Cumbe~lar.d Ccur.ty, Pennsylvania. 4. At the aforesaid time ar.a place, there were no adve~se weathe~ conditions. :i " :1 ! .' 'I I, 5. At the afo~esaid ......,; - ~~ t--a'--'-'t the Plaintiff, ........,..:.. '--'''- a~o. I' CARLENE LINGENFELTER, was the c~r.e~ ar.d operator of a 1994 Chevrolet Corsica. 6 . At the afc~esa~i -;~~ - ~ " ",1........ .... ~ .:: -;::I. :- -....- -, the Defendant, 'i lU' dfY;. ~ ,'I T1\IlJnn :\. ~thJlll~nlRGU~ ,~:: l.:'.,~~t~7,".\"" ",~.\r . r,~ ~,,'\ ~:'~\ . ij.I"J::P;~r'_FC r, 171:t>,:Q\ .'.~l :1~ \",:\' . ~,,\ ":-, :1~ <.: , REBECCA E. TRITT, was the operator of a 1988 Chevrolet S-10 Pick-Up truck owned by Robert D. Tritt. 7. At the aforesaid time and place, Plaintiff, DARLENE LINGENFELTER, was travelling North on St. Johns Church Road in Cumberland County, Pennsylvania and proceeded through a green traffic signal. 8. At the aforesaid time and place, Defendant, REBECCA E. TRITT, was travelling West on Simpson Ferry Road and ran a red traffic signal and collided with the front end of Plaintiff's vehicle causing it to spin three times in a counter clockwise position. 9. As a direct and proximate result of the aforesaid collision, Plaintiff, DARLENE LINGENFELTER, has suffered the following injuries which constitute serious injuries and which have caused, or may in the future cause, a serious impairment of bodily functions, including by not limited,.to the following: (a) Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues at or about the cervical spine; (b) Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues at or about the thoracic spine; (c) Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues at or about the lumbar spine; (d) Aggravation of previously asymptomatic lumbar degenerative disc disease; (e) L4-5 bulging disk; (f) L3-4 herniated disk; (g) L5-S1 central disk protrusion; (h) L2-3 anterior disk protrusion; (i) Severe shock to the nerves and nervous system; and, 4 l.....\\' OFFlCE5 ~"'F TIMOTHY ^. SHOLLE:-<BERGER ]":: ll~GLESTC:\l." R('.....O . PO BOX ~.:~~~ . H ,fl,RI5H R(j r... 1; l~t' ':~H l;tjl ~H.lj(XI . r....x Ijl~l :H>I:l~ (j) Ex:reme mental and physical anguish. COUNT I DARLENE LINGENFELTER v. REBECCA E. TRITT ;1 'I I: i 11 I 10. Paragraphs 1 through 9 of Flaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 11. The aforesaid collision was a direct and proximate result of the negligence of Defendant, REBECCA E. TRITT, in operating her vehicle in a careless, reckless and negligent manner as follows: (a) In operating her vehicle at an excessive rate or speed under the circumstances; (b) In failing to have her vehicle under proper and adequate concrcl; " (c) In failing to apply her brakes in time to avoid a collision; Ii :i (d) In failing to obser~e Plaintiff's vehicle lawfully travellin9 North on St. Johns Church Road through a 9reen traffic signal; .. , ,I " :i (e) In failing to operace her vehicle in accordance with the existing traffic conditions and traffic controls; ! (f) In failing to exercise :he high degree of care required of a ~otcrist entering an intersection; (g) In failing to properly observe traffic signals controllin9 Defendant's direction of travel; " (h) In failina to keen a reasonable lookout for other vehicles lawf~lly on the road; (i) In driving throu9h a red traffic control si9nal in violation of 75 Pa. C.S.A. 3112(a) (3) (i); and. (j) In otherwise oneracing said vehicle in a careless, reckiess, and negligent manner and in a ,,",:inner ,,'ic1a:i:-.0 :he Notor Vehicle Code of :he Com~onwealt~ of Pennsylvania. 5 ! X,l.' i 'f ~:\ :~ ,'f TI~\l)nty .\. 'iItOlll:"'lJERlj[R I~:: U~.,~U.:7,':''''' ;:,,-"",n . r,' ~\~\ ~:...' . H~RR1~P.Lfh]. r\ l;l:e-':'~S .:.\ : q \ 7,': . ~.l" \ ,'; -. : 1 ~ ~: I: , . t l2. As a direct and proximate result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, had and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has and/or may in the future incur a loss of earning capacity for which damages al.e claimed. 16. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has incurred or may hereinafter incur financial expenses and loss which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 18. As a further result of this collision, Plaintiff, DARLENE LINGENFELTER, has and may in the future incur reasonable and necessary medical and rehabilitative costs and expenses in excess in the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law; Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 6 , I, " L...\\., OFFIl:ES l;F T1MOnIY A. SllOllESBERGER l~:.:" L:....l-;lE5TC\t.\: I\~...,,"['l . P() (k')X e~H\ . H.4,RRJ~?-lR\j r.. I~:':~\'~..\ 171:1 :J~ \7,\:, . F"-' (7171 :H ri:l: " WHEREFORE, Plaintiff, DARLENE LINGENFELTER, demands judgment against the Defendant. REBECCA E. TRITT, for compensatory damages in an amount in excess of the amount requiring compulsory arbit~ation. COUNT II HARRY LINGENFELTER v. REBECCA E. TRITT 19. Paragraphs 1 through 18 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 20. As a further result of injuries sustained by his ,: .....ife, Plaintiff, HARRY LINGENFELTER, hi1s been and will be 'I deprived of the assistance, companionship, consortium and society of his wife, all of .....hic~ has been and will be to his great damage and loss. , , ii COUNT III REOUEST FOR DECLARATORY RELIEF PURSUANT TO PA R. C. P. 1602 i I I I I I , 21. Complaint reference Paragraphs 1 throug~ 20 of the Plaintiff's are made a part hereof and incorporated by herein as if set forth in full. 22. The below stated paragraphs are set forth as an alternative cause of action in the event that it is finally determined that Plaintiff has net sustained a "serious injury" pursuant to 75 PA C. S. A. 51705. Plaintiff believes that she has sustained "se~ious injuries" as a direct and proximate result of the above-referenced collision. 23. At the time of this collision, Plaintiff, DARLENE LINGENFELTER, was issued a pelicy of insurance by Libe~ty Mutual Insurance Company bearing policy number 'i A022816398318059. 24. Said policy was in:::311y issued on or about December 20, 1991 a:-:d, Plai~.:::::, :...\R:'E:IE LINGENFELTER. is I :1 :i :1 I , l....'J.' - ~~: ~ - - f T1~IOTIIY ...._ ~H(,lLr.:\nERC[R 1,:':ll'(~lE~I~~\\." i\,-~""[' . r\' h_'\ <'~\ . Il....RF.l:-:::.l_k~ P_'" l:l.'(I~~H ,'171 :J4-\~X . ;"\ ',", :~~ ~~:: .. EXHIBIT I. ;9' . . I'h ,,' Ihl\ "':I~n arr fllr \nur .cI(,~I"n III Iht :.\ IIlahlC' tOlnmrrd \IOII\CO'I' .l\l'ra~c .II:~ .:, \ ',". l:; .1I.:c iJ('\lhln\. Ytl'J( prClni1ir.'i ,'h.Htx \\111 \iar:- ,1~rct:JI'1J: on "Jur r.)n t )i1:..n "ll::CI.::IU" ,JIll 1 '.~ r.1,." ;.".......\.1 I' 'IIHi ,IJL:.....'\J .1l~\1l .ru,n. ',.Ior l..h\.'rn \t'Jlc..11 "'..Ih;', '."'.::.' l{.:rrl:-.c:nl~ll\f.' IlJ ... 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I' ...., C .15.000 o 5O.0c0 o 100.000 o 300,1100 o ~.OOO o 1.000.000 , . ( \ r:.: 1.1\11 r !,r)UCIES . !X'r "~r'\," per ::J.cC1dcnl) o S 15.roo 30.000 o 25,000' 50.000 ~ ~O.UOO' IlXl.OOO IllO.000 '31JO.OOO o :"<0.000; .5110.000 o ~.oro'500.000 ,;r :" '.11""""\ C-,,)\cragcand l'nderinsurl'd \lolOr.11> ('o\eraseamounls ,dec1cd m~\'I1"t ~,\cced :.our ikdily ....J:.t..: .:711t. d' I '; ~~;r PRE'I!'.'\! CH\RGE FOR TUE L':'>i"Sl:RED \IOTOr.:SrS CC"',R'$jE ,\:\0 OR I 'i~ER!'SI RED \1t)lC.~I<;T CQVER.-\(jE U\llT YOI; SELECT WILL REFLECT Hi:: :-nR r rJlY,irJ, "D 1,'-:.\C'KEn OR 'O'i.~T,\C'KFO U\,f1T f)P,lO'i Y01,' H.WE 010:.[', I": ,'\.1:"..: ~11J( :n', ,~I~L't,lln' Jppl:. to :n),~1I Jolt JI: r~:"T11!Y mC'm~n r~id;r.L:- In m\' hl)u~C'huld. I J:TI JI:'oluJ."arc that my ...... . ;.l~'i.T'" . ~r"t:~~I'lIt :n~ ~olil::. ;1cn 'Jd r:g:uutc'\ l,r"~:lY chJngc "ouch:'!\ ~hc :- :rIJ(:::n~:-,t .lr JtJdlll..... oi \chi,,~ \,.. '.~", .In'j :':1' ,clecl",n Jlso "prill:' ,0 all f'llure rcn~\\als ,,, n:inSIJlCmen15 of lhl> polic\' unl"" '\Odicale ll\h~"",5C lO '<'n',. \1\l1~.11 'n ''''''1i''g.- "-:::1 ,:) ~eC1 1r~\llrcLJ l')'~ P~n:1 DAe,-~IJf- ." L1~ql'.,~) F"t;L,:;;( -t4-- . \111 V /,1/, hfJ-(.!I..l ~_G~!i'l~ Hn) ~II ;,', ,,' ~-({'::/J..s~):ffiQ . '" "rr,'~ 'o'","d', ffi\ ~,$c->_ I'''~ .~,~ 0a ,.--\.,-\,f:~ [~,Ile JJ/;~/1 / \'n~llllf,' - t1 ~ , ,;dr;.~, ).;J \~ ..~ r 100 ~I f't.1.14 exhibit B ....".-,.",., ... Exhibit C .'"'''' G) DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. NO. 97 - 3257 REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 3rd day of April, 1998 I hereby certify that I have served Objections t<, Subpoena on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Stephen L. Banko, Jr., Esq. Reynolds & Havas 101 Pine Street P. O. Box 932 Harrisburg, Pa. 17108-0932 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP 1..;-", ['" {lJ By: lit...,.,' 11 C. (ur Elizab~th A. Ontko,' Esq. Attor~ey I.D. #78053 Dated: April 3, 1998 "1l1)I.USllrRI :fR & lAst'lll. lUI l~::II'l'.lf~T,"J.'.:- '" !.,'\r<'''; . 1!\.f;FI"I'\ f;" r'\l~I:f',';'" . . ~ ' . f' \ , . : - , . , COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 Civil Term Plaintiffs v. CIVIL ACTION - LAW REBECCA E. TRITT, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: Records Custodian for Mental Health Center at Holy Spirit Hospital within twenty (20) days after service of this subpoena, you are ordered by the court to produce at the offices of Reynolds & Havas, A Professional Corporation, 101 pine street, Harrisburg, Pennsylvania 17101 the following documents or things relating to Darlene M. Linaenlclter (DOB: 03/03/63: SS No. 202-56-3476: anvand all records relating to the care and treatment of Ms. Lingenfelter. 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: Stephen L. Banko, Jr. Attorney I.D. No. 41727 Reynolds & Havas Post Office Box 932 Harrisbur.g, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendant, Rebecca E. Tritt BY THE COURT: Date: (Prothonotary) (Seal of the Court) . . . CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United states Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the ~,,-/...:t day of May, 1998, addressed as follows: Elizabeth A. Ontko, Esquire Shollenberger & Januzzi 1820 Linglestown Road Post Office Box 60545 Harrisburg, Pennsylvania 17106-0545 (Counsel for Plaintiffs) REYNOLDS & HAVAS A Professional corporation By: ~ /J i. Wl'(,V"--,, Ii~';' /h.&;1. ~haron Dell-Gallagher, { Secretary N ...... .....j :>- to - ~ ~ )- (r.; ., I:~ .; rn I~ .- .~ 11.~ ~-:: r:.~; ~~ ~ "- \0 (-". ,1 G" it (fVG~ ....;.: ~~ ~ .' ~J ~ C,' e() fl ~ u....: . '. .1 \:: ~ (.j Jl t. 0 ! ~ -- ~ '" l; " i ';::) u C' ..:1 V) ~ U /lI:\ 11.I ~ 11.I ~ ~ ~ ~ ~ ~ ~ n~ a '" ~ fil 0 ~.dg~ >0::1 lJl ~- ~ ~ DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. q7- 31S"7 ~ T~ REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED 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 entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). 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 CUMBERLAND COUNTY COURTHOUSE 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 1 L~\\' \ )H1LlS l 'f TIMOTHY A. SHOLLENBERGER 1~2,' 11~( ,IJ.Ql'\\'S; Ih '.o\P . 1'\' 1"\\ t>,'H, . HARRI"Iil'Rl;. 1'..-\ lil,'tH."i4~ lilTl !'4 1,\\' . f-..o\' lilT) 2\4 I'!l! DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. NO. REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en 1a corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos import antes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA o LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator CUMBERLAND COUNTY COURTHOUSE 4th Floor One courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 2 L.o\\\'t'HI{'!,....1.1t TIMLlTIn' ^. SIIOllEl"RERGER I":,~ IIStjIJ~T\l\"S Rl',4,[1 . 1'\) 1,,1\ t>..'q~ . H....I\I\I:--BlR\,. 1'.4" 1;1,'fI,'\4'i t7]71 21<417,\' . f."'\ ,il;l :'....:12 DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. NO. q7- 32~7 tw..:f ~ REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiffs, DARLENE LINGENFELTER and HARRY LINGENFELTER, her Husband, by and through their attorneys, the LAW OFFICES OF TIMOTHY A. SHOLLENBERGER, and does respectfully represent the following: 1. The Plaintiffs, DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, are adult individuals who currently reside at 206 April Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, REBECCA E. TRITT, is an adult individual whose last known address is 7 Greenway Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and circumstances hereinafter set forth took place on August 27, 1995 at or about 10:30 a.m. at the intersection of Simpson Ferry Road and St. Johns Church Road, Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, there were no adverse weather conditions. 5. At the aforesaid time and place, the Plaintiff, DARLENE LINGENFELTER, was the owner and operator of a 1994 Chevrolet Corsica. 6. At the aforesaid time and place, the Defendant, 3 1:\\\' ('nil ~~ \ 't- TIMOTHY A. sIlOlLEr-om:Rm:fI I ~~,' liSt;' t-..;lt1\\'S H\ '_"-II . I',' 1\4. 1\ tx'~~~ . I L....IH,I...!ll.!tl i, I'", Ii It't> ,'H~ t,I,' ~\04 1;.\' . i\X (71;1:\.4 ~:1: REBECCA E. TRITT, was the operator of a 1988 Chevrolet S-10 Pick-Up truck owned by Robert D. Tritt. 7. At the aforesaid time and place, Plaintiff, DARLENE LINGENFELTER, was travelling North on St. Johns Church Road in Cumberland County, Pennsylvania and proceeded through a green traffic signal. 8. At the aforesaid time and place, Defendant, REBECCA E. TRITT, was travelling West on Simpson Ferry Road and ran a red traffic signal and collided with the front end of Plaintiff's vehicle causing it to spin three times in a counter clockwise position. 9. As a direct and proximate result of the aforesaid collision, Plaintiff, DARLENE LINGENFELTER, has suffered the following injuries which constitute serious injuries and which have caused, or may in the future cause, a serious impairment of bodily functions, including by not limited to the following: (a) Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues at or about the cervical spine; (b) Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues at or about the thoracic spine; (c) Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues at or about the lumbar spine; (d) Aggravation of previously asymptomatic lumbar degenerative disc disease; (e) L4-5 bulging disk; (f) L3-4 herniated disk; (g) L5-S1 central dis)-: t >:otrusion; (h) L2-3 anterior disk protrusion; (i) Severe shock to the nerves and nervous system; and, 4 L"\\'I.'HIll-_~'d)f TIMllTln A. SHl1llEl':UERGEN 1":,' 11-..;(;\ ~... TI '\\.'S ~( ),",1) . I'() 110. '\ t-o.'q~ . I I.....RHI..;,J\l 'R\ I, I'." Ii h'lf, \.'q~ 1~1~1:\.4 \:,\' . ,4,\ lilil :H..:12 12. As a direct and proximate result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, had and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has sustained a permanent diminution in her abilitj to enjoy life and life's pleasures for which damages are ~laimed. 17. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has incurred or may hereinafter incur financial expenses and loss which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 18. As a further result of this collision, Plaintiff, DARLENE LINGENFELTER, has and may in the future incur reasonable and necessary medical and rehabilitative costs and expenses in excess in the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 6 l."\\'llnlll~ l'~ TlMOnl\' A. SHOllE~nERc;E~ I ~:,~ IIS(;1 ~."l \ '''''S HI u,p . I'() 1\0. ,\ N'~4" . II"RRJ"IIt'Rl.. I'." 17 h'fI ~~." 1:17' :\-4 \;".\.' . L'" (;"1:1:1.4 ~:I: WHEREFORE, Plaintiff, DARLENE LINGENFELTER, demands judgment against the Defendant, REBECCA E. TRITT, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II HARRY LINGENFELTER v. REBECCA E. TRITT 19. Paragraphs 1 through 18 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 20. As a further result of injuries sustained by his wife, Plaintiff, HARRY LINGENFELTER, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great damage and loss. COUNT III REOUEST FOR DECLARATORY RELIEF PURSUANT TO PA R. C. P. 1602 21. Paragraphs 1 through 20 of the Plaintiff's Complaint are made a part hereof and incorporated by reference herein as if set forth in full. 22. The below stated paragraphs are set forth as an alternative cause of action in the event that it is finally determined that Plaintiff has not sustained a "serious injury" pursuant to 75 PA C. S. A. 51705. Plaintiff believes that she has sustained "serious injuries" as a direct and proximate result of the above-referenced collision. 23. At the time of this collision, Plaintiff, DARLENE LINGENFELTER, was issued a policy of insurance by Liberty Mutual Insurance Company bearing policy number A022816398318059. 24. Said policy was initially issued on or about December 20, 1991 and, Plaintiff, DARLENE LINGENFELTER, is 7 LA\\' l'Hln:~ l'~ TiMOn,\' A. ~HOllENBERGER 1":,~U~l;I':-,T\~S 1\\'''.11 . 1'\' 1,,)\ I'>,,'~~' . 1l....RRI'Bl...1,\;.I'...lil,'t- 'q, (iI7\:14 Jj.\.' . ".4.X (ilil :1.....:1: listed as the first named insured. A copy of said policy is attached hereto as exhibit A. 25. At the time of the original issuance of the policy, Plaintiff's insurer, Liberty Mutual, did not provide her with a tort option form to sign evidencing her tort option selection as required by Section 1705 of the Pennsylvania Motor Vehicle Code. 26. Plaintiff believes, and therefore avers, that she is entitled to the full tort option because she never signed a tort option selection form as required by Section 1705 of the Pennsylvania Motor Vehicle Code. WHEREFORE, the Plaintiffs, DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, respectfully request this Honorable Court grant them declaratory relief to the effect that the Plaintiff's bodily injury claim is governed by the "full tort" option. Respectfully submitted, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER By: [} LvLIL 0 {l Jl Elizabeth A. Ontko, Esq. Attorney I.D. No. 78053 Dated: June Lk, 1997 8 1,4,\\'\'I1I1I"'\.'t- TIMllTlI\' ^. slllllUf'I,;nERtiElt J...\'II'\I,II..','\\.....'lll4,[1 . I'll 114.'\,.....'\~\ . It:\RRI"I\I'Rli,I'4, 1;1,'t1\'~H 1717l :14 \;,\' . 1-\\ ill;' :H ,"~1: I ~HIBIT A . "'" 01' lh" 'e'''' arT Illr \IUlT ("1'-'1110 01 lhe- ;'1\ Ill.lhk LI1Huurr(f \llllllf"" .I\\".II:C' ,Il:d ,I', I ",\ c. .ICe 111'11.'", YI"" pll'mll.I;~ ,h.u.!C "'Ill \UJ\ dCpl"I:\II'lp 011 \tIU' rnr! t k'l..:1 'l.":l',::IIII1.md . .: f1\: ;.n......d " '1I11~...I.U.:lL'l1 If:la 1'1.1.11. 'I.HlI I .thOIl\ \hlt:,ll "'~!I." -':,' ',:; . 1~"'rll.~t1I.JlI\C' '. ,.' . III ., 1111 ;.11: . Il.lhlilcJ \Iultlll\l' (.\.u'ra)."C JlllJ l nJalli,un,'\J \Itlh)lhl, C'I\l'f;I~'1.' PI .",lIull1...h.J'~c, lor Ihl' ~.l:I'IJllI. .:11111"\ .Hld ,Inll' ".. .1111 .c11.~_T 1'M:..a)C 1111lr~h" \IIUl \'lhlh.1.'" h\ \,:11C4.:kll1": 1 lie." .I(lplll'lIalC: FlII.\. '""t IH Il ,"111 'IlEH"!-oIIlEIJ lI010lUSTS Cl)\ III \1;E \,\101 "'in tITW' . " .. .;1;, 'I I .iIO,Un.'11 \tlll,tn\lS l.'Ll\Clil':C I "l,h :,II,..,c: ,; 'Ill,' I', I 1\111 POIICH:S ~ :',,:: . ,\ '\.': .,,'l.::,:l:nt, SIMilE l.l~lIll'OLlntS r~r Ilxall'Ol' = S I <,~Kl ,llUXXI l-. '5.l~~1 ::J ~I.IMXI o IIXI.IXXI o .1llO,\l(JO o ~llO.(XlO o l.ooll.IXXl _. ~.'U\ .IJiU! :~ :0:1 tI.rJl,~' :&.: -'iI .:..) 1)41.1)1..10 :'" l'jII,.')f) .lou.non ::'IlIX~) :'IXl.IXX) ~fXI.OlXI ~lO.OOO -, " :\l'_ ",.:lJ th~ OIml"lrll ." '"ndenn,uf"ed \tn:hn'\h Co\'~r3~ I "'r.n to have: :' ,( \, t: I.I\II! !'IIUClES , J'<'r ""I'''n p<r aCCldcnt) o S 1 5.000 ~.OOO o 25.llOO' SIl.OOO ~ :'0.000 100.001 ,., 100.000' 3lXl.OOO o c..<O.OOO,5'Xl.OOll o <00.000' SOO.OOO SI:-;GI.E I.IMI1' P (p<r ,ccide o ~ 15.000/. C 35.000 o SIl.OCO o 100.000 o 300!lOO o ~.OOO o 1.000.000 '"" :d '.1"I,lr;\1\ ('01 erage and ('nderinsurcd \lotilrisl\ C"'cr3~ amnunts ",'Iected m.II' '''" cleeed :our ikdil.. ,:'I::t',I.mll. ." ,;,:; .!il PRE""' \1 l'll\RtiE' FOR Till' I':O-;I'SLRED \I01Of:ISIS CC;":Ro\(iE \:O-;O,OIl , 'i.'FIlI'SI IlED \1()1C .~I<;T COVFR.\liE 1.I~11T YOI: SHEer WILL REFUCT T"" HW r nl'~i';\ \'D ,,",\eKED 0" 'O'.~T.\CKrt) 11\111 01'fl0' Y01' ,1.\\" l'IIO~,r" 1:'1 ,Uf\.' :h.11 :n'. 'l'kCl'I'"' .Irrl~. 1\1 :n~'ell.md 31: '.Imt!y mC'mhc.'f\ rL""d;m. In m\ hIllJ\C'htlld I alT. Jl\oa\\arc thai m~ C". . ;lln.. If'rll. .tul'lll.!hllIH : Ill: ~oli,,'~, :-'l:r1 'd ft:ganJlr" l,r .I:l~ (h;mge ',ud'! ;1\ 'he:" ~'J"I1J,,'~m(':-lt ,IT .IlJdill"" \If \C'hi'I~' t1l ',C~". ,In'! :11\ '.clc,,'uno ,I!,n .:rrllc"l :0 all r'1lure Tcnl:\\ah ,IT trim,tJl('mC'nt~ llf thi, policy unl~\ I :ndil"atc IHhC'Nl~ 10 X'nv \hllua' 'n \\ Ptj'1g.- ''I 'Jmelllll'lIml _____D~~IOI".f- .. L1El!:JLfELi1:i ~ ('l'~ Pnnt I :01"", ___.___ _. ___).J 1~---1Jr~~~f _CVr,~ J~_4~11 ".. ", \-'ty'),"?~" -(c3q~.~L~_c:0-2. .. " ~ iiJ 1\' ',med In'"rnl" Q)~S~L~t~~r:'^- ____ {~'\l<J~ 0 q l'n~ItIHI' . 1 - 1 \. \tkT '00 WI ....-t.u '- \..:J I " - i.':: -- . ... . . ( ! " " , , c C. , , r:-' , :--. , 1-; ~: N_ - , r-' " f , , - I;" ~._) . (/) ~ j o o . N Z l'l o ' I CD L l'l . N " - ~r- ~ t: COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 Civil Term . . Plaintiffs v. CIVIL ACTION - LAW REBECCA E. TRITT, Defendant JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, REBECCA E. TRITT, TO PLAINTIFFS' COMPLAINT - Pa.R.C.P. No. 1028lal (51 1. Plajntiffs commenced the above-captioned action by Complaint on or about June 18, 1997. A copy of the Complaint was served upon Defendant on or about June 30, 1997. A copy of said Complaint is attached hereto, incorporated herein by reference and marked as Exhibit "A". 2. On July 15, 1997, counsel for Defendant contacted Plaintiffs' counsel to determine whether she would be willing to withdraw paragraph 11(j) and Count III of Plaintiffs' complaint without the necessity of filing preliminary objections. Counsel for Defendant believed that there was a meeting of the minds on these two issues and accordingly, prepared an Answel.' and New Matter to the Complaint which was filed on or about AUgust 7, 1997, whereby this stipulation was noted. 3. By letter dated August 8, 1997, counsel for Plaintiffs indicated that there was a stipulation as to paragraph 11(j) but with respect to Count III there was no stipulation to :. withdraw that Count from the Complaint. A copy of said letter is attached hereto, incorporated herein by reference and marked as Exhibi t "B". 4. Upon receipt of the letter, a copy of which is attached hereto as Exhibit B, counsel for Defendant contacted Plaintiffs' counsel to determine whether she would agree to permit Defendant to withdraw the previously filed Answer and to plead over, which request was granted by Plaintiffs' counsel. A copy of the letter from defense counsel dated August 11, 1997, memorializing the discussion and agreement is attached hereto, incorporated herein by reference and marked as Exhibit 'Co. 5. Pa.R.C.p. No. 1028 permits the filing of preliminary objection for failure to raise the non-joinder of a necessary party. 6. Count III of Plaintiffs' Complaint is styled as a 'REQUEST FOR DECLARATORY RELIEF PURSUANT TO PA.R.C.P. 1602". The facts set forth in this Count allege that Plaintiffs were insureds under a private passenger automobile insurance policy issued by Liberty Mutual Insurance Company (paragraph 23). 7. In paragraph 25, Plaintiffs allege that when the Liberty Mutual policy was originally issued in 1991, Liberty Mutual, not a party hereto, did not provide Plaintiff-Wife with a tort option form which would evidence the tort selection required by Act 6 of 1990. - 2 - Exhibit A DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLfu~D COUNTY,PENNSYLVANIA Plaintiffs v. NO. q 7 - 32~7 tMxf, T..Lo1htoo-, REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED 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 entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). 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 CUMBERLAND COUNTY COURTHOUSE 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 TRUE COPY FROM RECORD In Testllnon'lwherll1lf. I here unto set my haM and the'~ 01 said ~rliSle, Pa. "l~'.i .~ , Prothonotary ~_"\l; CHiCES ('F T1M0TIIY ^. S~h)ll[~nERl;[R (~~.' L'.\;lE~r,~'J.-"'; 1".',",0 . ro ~'X t":~<4~ . d....Rfl.;~P.U\G. r" 1~:""tl':~4' ,:I~\ :14 17.x' . H.\ 1:1-1 ~1. "~l~ REBECCA E. TRITT, was the operator of a 1988 Chevrolet S-10 Pick-Up truck owned by Robert D. Tritt. 7. At the aforesaid time and place, Plaintiff, DARLENE LINGENFELTER, was travelling North on St. Johns Church Road in Cumberland County, Pennsylvania and proceeded through a green traffic signal. 8. At the aforesaid time and place, Defendant, REBECCA E. TRITT, was travelling West on Simpson Ferry Road and ran a red traffic signal and collided with the front end of Plaintiff's vehicle causing it to spin three times in a counter clockwise position. 9. As a direct and proximate result of the aforesaid collision, ?laintiff, DARLENE LINGENFELTER, has suffered the following injuries which constitute serious injuries and which have caused, or may in the future cause, a serious impairment of bodily functions, including by not limited, .to the following: (a) Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues at or about the cervical spine; (b) Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues at or about the thoracic spine; (c) Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues ac or about the lumbar spine; (d) Aggravation of previously asymptomatic lumbar degenerative disc disease; (e) L4-5 bulging disk; (f) L3-4 herniated disk; (g) LS-Sl central disk protrusion; (h) L2-3 anterior disk protrusion; II , I I I (i) Severe shock to the ~er~es and nervuus syste~; and. 4 ,; L ~~' CHh:E~ ,-F Tt~10TH\' A. SHOllE:SBERGEfl. :-:..' l:'.;,;US7,-\\".. !h~_"'P . rl.."' p,'" ~,'~..~ . li"'RR!~Hlh~ r, 171.:'t< ..(..~ I : I : 1 : 1.4, I: ~'\' . ~ ,,-' , : : . \ : \.. oj: I ~ .. .. (j) Extreme mental and physical anguish. COUNT I DARLENE LINGENFELTER v. REBECCA E. TRITT 10. Paragraphs 1 through 9 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. The aforesaid collision was a direct and proximate the negligence of Defendant, REBECCA E. TRITT, in her vehicle in a careless, reckless and negligent follows: (a) In operating her vehicle at an excessive rate of speed under the circumstances; 1l. result of operating manner as (b) In failing to have her vehicle under proper and adequate control; (c) In failing to apply her brakes in time to avoid a collision; (d) In failing to observe Plaintiff's vehicle lawfully travelling North on St. Johns Church Road through a green traffic signal; (e) In failing to operate her vehicle in accordance with the existing traffic conditions and traffic controls; ( f) (g) (h) (i) I, II In failina to exercise the high degree of care required of a motorist entering an intersection; In failing to properly observe traffic signals controlling Defendant's direction of travel; In failing to keep a reasonable lookout for other vehicles lawfully on the road; In driving through a red traffic control signal in violation of 7S Pa. C.S.A. 3112(a) (3) (1); and, (j) In otherwise ooerating said vehicle in a careless, reckiess, and negligent manner and l~ a ~anne~ violating the Mater Vehicle Code of the Commonwealth of Pennsylvania. 5 l.,,'.;z,',_'H1CES;,'F TlMonl), ^. SllOLLl:"8ERGER l~~: 1I".\;U.~7~-:'J,"" Ih'l....O . rl) [l~;'( t..'~H . H"RRI~ELRG, r.. 171.'tt ..\~~ I 71 ~l ~ J4-17,~ . F\ \: 171 7l : 14';:1: , " , . 12. As a direct and proximate result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 13. As a further renult of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, had and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, DARLENE LINGENFELTER, has incurred or may hereinafter incur financial expenses and loss which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 18. As a further result of this collision, Plaintiff, DARLENE LINGENFELTER, has and may in the future incur reasonable and necessary ~edical and rehabilitative costs and expenses in excess in the amounts paid or payable pursuant to Subchapter E of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for Fayment of benefits as defined :~ 75 r3. C.S.A. Section 1719. , I I I I II II 6 ~ ~\l,' L~fFICES l~F TI\1l1TIIY ^. SUOll[~BERG[R : i:': US(:;LE5T\'\t".; 1\("..,[1 . I'Ll [l.0X e':'''~ . H."RRI~Bl R,; r.. I ~t:f'l .:'H' 1.171 :J" \7,\:, . F4,'(17t7l :HIl:[: \ \ WHEREFORE, Plaintiff, DARLENE LINGENFELTER, demands judgment against the Defendant, REBECCA E. TRITT, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II HARRY LINGENFELTER v. REBECCA E. TRITT 19. Paragraphs 1 through 18 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 20. As a further result of injuries sustained by his wife, Plaintiff, HARRY LINGENFELTER, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great damage and loss. COUNT III REQUEST FOR DECLARATORY RELIEF PURSUANT TO PA R. C. P. 1602 21. Complaint reference Paragraphs 1 through 20 of the Plaintiff's are made a part hereof and incorporated by herein as if set forth in full. 22. The below stated paragraphs are set forth as an alternative cause of action in the event that it is finally determined that Plaintiff has not sustained a .serious injury. pursuant to 75 PA C. S. A. 51705. Plaintiff believes that she has sustained .serious injuries. as a direct and proximate result of the above-referenced collision. 23. At the time of this collision, Plaintiff, DARLENE LINGENFELTER, was issued a policy of insurance by Liberty Mutual Insurance Company bearing policy number A022816398318059. 24. Said policy was initially issued en or about December 20, 1991 ar.d, Plaincif:. CARL~NE L:~GE~FELTER, is 7 L".\\' CFflG:i\~F T1Monn .... SHOlLESI\ERGER l~:: ll'l~lE~,,"""'" ;;'~~.\D . ri.J r.JX f'':~~~ . 1l,,,"RRI:::H R,,: r.. 1 ;::r- ~H~ 1'1~1 :H.l~~\.' . H\ l;l~l:H ,:1: ", EXHIBIT ,. 4 . . I'h ..1 lhl\ iU'~l 31T telr ,nUl 'c:lC'~lt," 111 Iht' 3\llJahlc t:OIniurrll \tlllnrt~h .I\\.'fact: .1I:..J ':, \ ',",('l.la.:l.: Ol'llllln'. YI"J( flH:rnll.r.; ~'hJrJ,S: ,-,,11 'ilC' .h:("ICI:J1'1 p: on \\Jut r'JflI lrl:. ,il ........:1:\,.:;,'" Jlhl . .~..: "fh: ;.."......IJ If '1lIn."ItJc"~'lJ .1l~1ll ru.n. 'I.,ur I ,h"'r1\ \I'Jlu.,1 "\.1h;', ..; ."".:~' 1{."rrlo:'\CnlJII\l' .~ 1".\.1 n ;,IC t 1I:0,IU "J \I"hJlI~I' (\)\c:r....."<' JnlJ l nJcnn\UfC'U \hlhlrl\l' Cll":r.l~~ pi ...ltum &:hJfllC'!\ IUI 'hi: '.I~l'unl. ,;mll'l .tIIl! ,JOII' n\ ',ull .e:I...f PIL:.I)I( 11I.lIC'o:t,,' ',,111I ,,":hllt..'\.'" h\ ..;n.:.....IO,: tile JI1r:;"f'IliUC: n,I\, "1"1 IU f) \,'ll I ,,)f.H1:\St liED \IOTOHISTS ('()\ LH \C;E \,\lIlI:\ r 'in t:CrlO' '. ' " ." .ora .1 I ,;m,.un.'1.J \I,'hln\lS L"'J\cla~:c I "i.\h :,) ha\c: " ! \l~.\ I!: 1.1\11 r ('OllelE:> SIMiLE 1.1.\11 r 1'c)L1t'JFS . [-cr Jcca1c:nt 1 = $ i < .\Jl)) JH,OOll C ,'~.OOO ::J ~O.llOO o IW.IMl) o .100.(0) o lOO.lnl C I.00U.VUO :~ :'\:: . tl -(.'-; ;,,'l,::~&:nt, . ,;,,',m ",\~;fl :~. .00 :I).l)l~: J.; '01';1.) ,\~I,t)UU -' "~l. ')IX) 3m.Ouo ::O.OCO ~OO.OOO ~ik).OO() ~l)(J.OOO .. I' ~~~.~).".:u th~ a:n..'101 .11 i;n~enn~ura! \tn:c,nsls Co\"erJ~ I "~n In have: .;" , t\ r;: 1.1 \11 ~ !'f)I.ICIES 'pcr Xl'",n [lCr aCCIdent) OS 15.000 30.000 o 25,000' SO.OOO ~ ~O.lJOO ' WO.lJOO C 100.000',)00.000 o :!..<{).OOOi 5110.000 o ~.OOO'SOO.OOO SI:\GLE LIMIT P ([lCroccidc o ~ 15.0001 C .15.000 o SO.OCO o 100.000 o 3oo!X)() o ~.OOO o 1.000.000 '.nr :~I \lllt.lri~lS ("o\(:rJ,gc Jnd l'nderinsurC'd \f(1tor~h (\J\cr;]g~ Jmounts selected may t1t:t c:,ce-:d :. our a..;c1rly ....,::t.. :.::111. d. <I:, ,!iF PRE\II'.'\! Cl-l.\RGE FOR TIlE 1;:'iI:'iSt:RED \IOTOr.:STS CC"I,R,\(iE\:'iD Qf{ I \;i)ER!'SI RED \IOl("I'iT COVER~(jE l.I\lIT YOI; SELECT \\ILL REFLECT TIi" TORT nl':iO" '''>0 \:,\CKED OR 'O".C;T\CKFD l.I\tlT 0PTiO\' Y()I' H..\\ F 1:!I0~.L\', l~'~ ,"\;1:"1.: :hJt mo, 'e!ect.lln'i Jnpl:. :n :t1)\ell JoLt J.I: fJ~TII!Y mem~r~ rC':\ld'r.~ In m\ htlusrhoh.1. I J:T1 .1:\0 J\\arc that my ~". . ;,H'" .H"r.h' . hr,'u~hnl1t :h~ ;"llli\,':. ~c:r. 1ft r:;;:uule" tli .l:lY chJn!;e ',lJC~ .'~ ~hc ':' :rl.1l.:':::i1C::-,1 ,lr JJdlu..... oi \ChH~'e<t III '.':~'. .1"rt ~.. \c!ectinn Jiso .:rrh~ iO 311 fluurc rcnc:\\als ur rrim.1J.!Cments of thi~ policy unlC'""i' I mLllcJ.tc tllhl'N1SC to lCn'" \fl1l~al 'n \\f"1tj'lg.- -q 'Jmect Ir.~ured ~.],: Pr.nll DAe,-"'I-',f- '"" Hn l ~ /loll ; , -1JhoJl/ " LI ",q s:,~1 F6l1 ~(' . ~f' <../If (_,4!h~ ;dr:.~, ).;J \: hr,~ll../ ,', \., ~;::\ ~~'\ - (c3Q"; ~ I .-C'f).) (~\ " , '/ '. , ," ( . \... ~ r\t. \lml'~ In\llrrtl',' ~'~OO::--"":"'-="~~~4~""""'''- ,'n~lIur,' - - tf - '4 {'II,: 'tKT IIlll HI pti"u Exhibit B .., ""t.",... ~, Exhibit C .,.", (~ R. JAMU RJtYNOUlI, JR. JOlIN ItAy,U 1olICH.ULM.IWlOWlKI' STV1QN L. BA.NKO. JR. ROLJ' I. DOLl. IWlIlY A.nOrmw. lAUIlA.I.U a. BAKU MJOD.LlJ. nlORP REYNOLDS & IIA VAS A. """'--u.Caua.A1'D\l ArroRNln AND COUNWoOU AT lAw lOt PJm STlIur Porr Ornel Box 931 1l.uuus8URll. PINNSYLV ANIA 17108-0932 .....- (11 T) :uo.uoo ,.. (1IT)~ UWI. ..,.....,.. - August 11, 1997 via FAX only Elizabeth A. Ontko, Esquire Law Offices of Timothy A. Shollenberger 1820 Linglestown Road Post Office Box 60545 Harrisburg, Pennsylvania 17106-0545 ReI Linaentelter v. Tritt Docket No. g7-32S7 civil Claim No. 38-7142-1Sg Our File No. 3710-1 Dear Liz: This will confirm our discussion of August 11, 1997, which was prompted by your letter of August 8. It appears that there was a misunderstanding as to your client's claim for declaratory jUdgment. This will confirm that you are permitting me to withdraw the Answer previously filed by my client so that she may plead over. " SLB,Jr. :sdg be w/enc: Ms. cathy Hartman Claim No. 38-7142-159 i Ver tir ly,'yours, ) I ! (\ ~e & Banko, Jr. 'C'rnJn.d ...CMI TrbI.u..c.w bylJw N.lJeuI...."..'TIiaI~ A r~ s..prn.e Cwn AttncUtM Acnq \ 7. Denied. Although it appears from the police accident report that various witnesses would testify to this fact, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained this paragraph and, therefore, they are denied. 8. Denied. The answer contained in paragraph 7 hereof is incorporated herein by reference as if set forth in its entirety. 9. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. Count I Plaintiff-Wife v. Defendant 10. The answers contained in paragraphs 1 through 9 hereof are incorporated herein by reference as if set forth in their entirety. l1(a) - (i). Denied. The allegations contained in these paragraphs state a legal conclusion to which no response is necessary. - 2 - (j). Pursuant to a stipulation entered into between counsel for the parties, this subparagraph has been withdrawn and accordingly, no answer on the part of Defendant is required. 12. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and therefore, they are denied. 13. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 14. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 15. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 16. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 17. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. 18. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. - 3 - WHEREFORE, Defendant, Rebecca E. Tritt, demands judgment in her favor and against Plaintiffs. Count II Plaintiff-Husband v. Defendant 19. The answers contained in paragraphs 1 through 18 hereof are incorporated herein by reference as if set forth in their entirety. 20. Denied. The answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendant, Rebecca E. Tritt, demands judgment in her favor and against Plaintiffs. Count III Reauest for Declaratorv Relief - Pa.R.C.P. No. 1602 21. - 26. Pursuant to a stipulation entered into between counsel for the parties, this Count has been withdrawn from Plaintiffs' Complaint and accordingly, no answer on the part of Defendant is required. NEW MATTER 27. Plaintiff's claim for non-economic damages is limited by their tort selection under the Motor Vehicle Financial Responsibility Law, Act 6 of 1990. - 4 - WHEREFORE, Defendant, Rebecca E. Tritt, demands judgment in her favor and against Plaintiffs. REYNOLDS & HAVAS A Professional Corporation Dat" tilt \f1i By: . Banko, Jr. I.D. #41727 101 pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Rebecca E. Tritt - 5 - ... ~:: '.." . " ,( ." , , I L. , (.,0' -, ,.... C ,,. ,. Ce r , . I' r-' L~ (~. ' fa ~ ~ I.<l ... ~ ~ !Ii ~ ~ ~ ~ ecH~~ ~ ffi ~ ~ 9 ~<~g~ ~ ~ I ~ DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. NO. 97-3257 REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW comes the Plaintiffs, DARLENE LINGENFELTER and HARRY LINGENFELTER, by and through their attorneys, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER, and files the following Answer to Defendant's Preliminary Objections: 1. Admitted. 2. Admitted in part and denied in part. Counsel for Defendant did contact Plaintiff's counsel on July 15, 1997 and asked whether she would be willing to withdraw Paragraph 11(j) and Count III of Plaintiff's Complaint without the necessity of filing Preliminary Objections. Plaintiff's counsel only agreed to withdraw Paragraph 11(j) and not Count III of Plaintiffs' Complaint. Counsel for Defendant prepared an Answer and New Matter to the Complaint which inaccurately indicated that there was a stipulation between Counsel that Count III of Plaintiff's Complaint was withdrawn. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted 7. Admitted. 8. Admitted in part and denied in part. Based upon Liberty Mutual's failure to produce a tort option form I.'\\\"lllllll.:--l'f T1MllTll\' A. ~IH)[.U.Nm':R(aR J~:,' II\l ;11 "1\ 1\\"' HI '-\P . 1'1.' ll,." '\ t\,'q~ . II.o\RIU....f\1 'J\! i, ['" 171,'.,., \'~", I 7171 ~ '" \;,\' . L4,\ I 7[ 71 : I" "':1: evidencing Plaintiff's tort option selection as required by Section 1705 of the Pennsylvania Motor Vehicle Code and indicated by Liberty Mutual in a letter dated February 8, 1996 (attached hereto as Exhibit "A") stating that it did not provide Plaintiff, Darlene Lingenfelter, with a ~1705 tort option selection form, Plaintiffs' requested this Honorable Court to grant them declaratory relief to the effect that Plaintiffs' bodily injury claim was governed by the full tort option. 9. Denied. Plaintiff's Request for Declaratory Relief will not adversely affect the rights of Liberty Mutual Insurance Company and, therefore, it is not a necessary party to the instant action. 10. Denied. Liberty Mutual Insurance Company is not a necessary party to this third party tort action. However, if the Court should determine that Liberty Mutual Insurance Company is a proper party to this third party tort action, Plaintiffs respectfully requests leave to amend their Complaint. 11. Denied. The remedy requested by the Defendant may bar Plaintiffs' from filing an appropriate declaratory judgment action against Liberty Mutual Insurance Company and any other necessary party since the statute of limitations in this case is August 27, 1997. WHEREFORE, Plaintiffs, DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband, request this Honorable Court to dismiss Defendant's Preliminary Objections to Plaintiffs' Complaint. Respectfully submitted, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER C\, , By: ( L, C.I ! t, /I Elizabeth A. Ontko Attorney I.D. #78053 August 26, 1997 1..\\\'l'HHI:"I'1 TIMOTHY ^. SIIOl.lENBERGI::R I ~:,' I ISl .I!:-- T, ~\\', K\. \\11 . I'i.) (\I. '\ t>..'''~'i . IL\IUU'fll 'I\l i, 1'-,\ 171.'t> ,'q, \717\ :1-4 Ii"" . }-.'\\ (ilil : H ~:l: LIBER1Y - MUTUAL.~ I IJ Liberty Mutual Group FEBRUARY 8, 1996 MR TIMOTHY SHOLlENBERGER DARLENE L1NGENFEL TEA CIO TIMOTHY SHOLlENBERGER A TTY 1820 L1NGLESTOWN RD,PO BOX60545 HARRISBURG PA 17106-0545 18 Sentry I'.uk West Suite 2110 G>/,\$?'__( 1'0 Box "5>L Blue Bell, I'A 19422 Telephone: (215) Ml.ll40ll INSURED: CLAIMANT: DATE OF LOSS: FILE NUMBER: DARLENE M LINGENFELTER DARLENE L1NGENFa TER 08/27/95 AL830-032447-01 Dear TIMOTHY SHOLLENBERGER: Please be advised I am in receipt of your letter dated 2/2/96 requesting a copy of the original signed Tort Waiver. I have forwarded all to you that was received from the Sales Department I discussed in detail with the Sales Department in regards to the signed forms required It was confirmed that a verbal confirmation was once the procedure for the Tort Option and that an (Xl was noted on the front of the Declaration Sheet Please contact me or the assigned Sales Agent if you wish to discuss. Thank you. Sincerely, JOANNE DIADDEZIO Claims Department Exl411 FREEFOAM Facing the Issues That Face Our Customers l>:: lU ~ ~ lU .. ~ ~ Q q ~ :B ~ ~ " !: e ...l I ~ ~ IE g ~ ~ o rn ~ -< ~ ci ~ ~ l'l I " ~ " ." DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. NO. 97-3257 REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this t(~ day of October, 1997 I hereby certify that I have served the following Plaintiff's Answers to Defendants's Interrogatories and Request for production of Documents on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: LAW O~S On ~IMOlJY A. SHOLLENBERGER u~uL._l1 Eliza~th A. Ontko, Esq. Attorney I.D. #78053 Stephen L. Banko, Jr., Esq. Reynolds & Havas 101 Pine Street P. O. Box 932 Harrisburg, Pa. 1'/108 -0932 Respectfully submitted, By: Dated: October L, 1997 1,4.\\'l)HllP;l)~ TIMOTHY A. SHOllENBERGER I,~!~' Ilsl;n:,T\ """S Ih 1.\[1 . 1'\' 1"- '\ I'~'~.~ . H:'RR]~IIl'Rll, I',," I ih.'to l''i4'i tol;l :1-4 lic\' . ~:,x lilil !H ~:I: . '>- ;~ iT; - ~ (-.j , - " IJ.J ~; . .' o. -- ..-.( -'.. IL.. a.. 11_ ~. 0'. ..-, c' , '. "" l.L _. :~l. r I lL...:. . h.! '-- ,. I.l.. U. C':J LJ 0 0' >- , - ,.':: ..'::: .. l~.J r " ('-': C): rf~ ~; LI.. Cl' L~': ''') l1.;.- '" ~t L: ; i..l -- i l.L. IL , . (j U U' iT. 1"" ~ ..:,: Lr. 0 8 ::)..- w../ : ) .:'~ 0" :;: l.:' :;. EO .-'': "'" :,l~ 01'. I Ci 0"0 01.: :)~~ W(2. -' c>: :'-IrfJ n:l~J 1= "" ~ ~J LL. ~ t.=.. .~ 0" ::> 0 C"' U rJl OIl: ~ ~ ~p J: ~ ~ r(l u ~ J rJl . 0 o l u oJ iI 0 o e ~ z 0 . >- If ~ w <( z a: ~ ~ ~ j N l'l III q Ol o ~ ,.. ~N~ ~ (') ( ~ (I) Z Ul . . .. 0 ~ ~ at > Q, . . ... 0 ~ OO:! ~ d . J . . it . . J: o o . N Z l'l o ' I III . l'l . N " - . ,.. ..~ c COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 Civil Term Plaintiffs v. CIVIL ACTION - LAW REBECCA E. TRITT, Defondant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: RECORDS CUSTODIAN Liberty Mutual Insurance Company 5021 Louise Drive P.O. Box 2007 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 at the offices of Reynolds & Havas, A Professional Corporation, 101 Pine Street, Harrisburg, Pennsylvania l7l01: All documents, including without limitation all medical records, physical therapy records, charts, results of diagnostic studies, x-ray reports, billing records, and any other related documents pertaining to Darlene M. (Gochen8ur) Linqenfel ter (DOB 03/03/63) (Social Security No. 202-56-3476). You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate ot 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. STEPHEN L. BANKO. JR., ESOUIRE PA Ano,noy I.D. No. 41n7 REYNOLDS & HAVAS A Protulllonal Corporation 101 Pine S1IeO\ Pall Office Box 932 Ho"I'bu,g, Pennoylvenlo 1710~32 (717) 236.3200 Attorney for Oefendemt REBECCA E. TRITT COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER . No. 97-3257 civil Term . and HARRY LINGENFELTER, hor husband, . . Plaintiffs . . v. . CIVIL ACTION - LAW . REBECCA E. TRITT, . . Defendant : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Rebecca E. Tritt, intends to serve a SUbpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: STEPHEN L. BANKO, JR. PA Attorney I.D. No. 41727 REYNOLDS & HAVAS A Professional Corporation lOl Pine Street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendants Rebecca E. Tritt 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: Stephen L. Banko, Jr. Esquire Attorney 1.0. No. 41727 Reynolds & Havas A Professional Corporation 101 Pine Street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 (Prothonotary) Attorney for Defendants Rebecca E. Tritt BY THE COURT: Date: (Seal of the Court) STEPHEN L. BANKO, JR.. ESQUIRE PA Anornoy 1.0. No. 41727 REYNOLDS & HAVAS A Professional Corporallon 101 Pino Stroot Post Oflica Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 238.3200 Attornoy for Dofendant REBECCA E, TRITT COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 civil Term Plaintiffs v. CIVIL ACTION - LAW REBECCA E. TRITT, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Rebecca E. Tritt, intends to serve a SUbpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: STEPHEN L. BANKO, JR. PA Attorney 1.0. No. 41727 REYNOLDS & HAVAS A Professional Corporation 101 Pine Street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendants Rebecca E. Tritt " , COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 civil Term Plaintiffs v. CIVIL ACTION - LAW . . REBECCA E. TRITT, Defendant . . : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: RECORDS CUSTODIAN A. Z. Ritzman Associates, Inc. 3508 Trind1e Road Camp Hill, Pennsylvania 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things at the offices of Reynolds & Havas, A Professional Corporation, 101 Pine Street, Harrisburg, Pennsylvania 17101: All documents, inclUding without limitation all medical records, physical therapy records, charts, results of diagnostic studies, x-ray reports, billing records, and any other related documents pertaining to Darlene M. (Gochenaur) Lingenfelter (DOS 03/03/63) (Social Security No. 202-56-3476). 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: Stephen L. Banko, Jr. Esquire Attorney I.D. No. 41727 Reynolds & Havas A Professional Corporation 101 Pine Street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendants Rebecca E. Tritt BY THE COURT: Date: (Prothonotary) (Seal of the Court) STEPHEN L. BANKO, JR.. ESOUIRE PA Anornoy 1.0. No. 41727 REYNOLDS & HAVAS A Professional Corporation 101 Pin. Stroot Post Olflc. Box 932 Herrl.burg, Pennsylvonlol7108-0932 (717) 238.3200 Attorney for Oefondllnt REBECCA E. miTT COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 Civil Term . . Plaintiffs . . : v. CIVIL ACTION - LAW REBECCA E. TRITT, Defendant . . : JURY TRIAL DEMANDED TO NOTICE OF INTENT TO SERVE A gUBPO~~ PRODUCE DOCUMENTS AND THINGS F R DI OVERY PURSUANT TO RULE '009.21 Defendant Rebecca E. Tritt, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. STEPHEN L. BANKO, JR. PA Attorney I.D. No. 41727 REYNOLDS & HAVAS A Professional Corporation lOl Pine Street Post Office Box 932 Harrisburg, Pennsylvania l7108-0932 (717) 236-3200 Date: Attorney for Defendants Rebecca E. Tritt COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER . No. 97-3257 civil Term . and HARRY LINGENFELTER, her husband, . . Plaintiffs . . v. . CIVIL ACTION - LAW . . . REBECCA E. TRITT, Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: RECORDS CUSTODIAN Physicians Imaging Center 4349 Carlisle Pike Camp Hill, Pennsylvania 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things at the offices of Reynolds & Havas, A Professional Corporation, 101 Pine Street, Harrisburg, Pennsylvania 17101: All documents, including without limitation all medical records, physical therapy records, charts, results of diagnostic studies, x-ray reports, billing records, and any other related documents pertaining to Darlene M. (Gochenaur) Lingenfelter (DOB 03/03/63) (Social Security No. 202-56-3476). 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. STEPHEN t. BANKO, JR., ESOUIRE PA Attorney 1.0. No. 41727 REYNOLDS & HAVAS A Profeulonal Corporadon 101 Pine Stroot Post Office Box 932 Harrl.burg, Ponnsylvonlo 17108-0932 1717) 236.3200 Attorney for Defendant REBECCA E. miTT COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER . No. 97-3257 Civil Term . and HARRY LINGENFELTER, . . her husband, Plaintiffs . . v. CIVIL ACTION - LAW REBECCA E. TRITT, . . Defendant . JURY TRIAL DEMANDED . NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Rebecca E. Tritt, intends to serve a subpoena identical to the one that is attached to this notiC6. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: STEPHEN L. BANKO, JR. PA Attorney I.D. No. 41727 REYNOLDS & HAVAS A Professional Corporation 101 pine Street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendants Rebecca E. Tritt COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 Civil Term Plaintiffs v. CIVIL ACTION - LAW REBECCA E. TRITT, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: RECORDS CUSTODIAN William K. Shaffer, D.C. 5014 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things at the offices of Reynolds & Havas, A Professional Corporation, 101 Pine Street, Harrisburg, Pennsylvania 17101: All documents, including without limitation all medical records, physical therapy records, charts, results of diagnostic studies, x-ray reports, billing records, and any other related documents pertaining to Darlene M. (Gochenaur) Lingenfelter (DOB 03/03/63) (Social Security No. 202-56-3476). 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: Stephen L. Banko, Jr. Esquire Attorney I.D. No. 41727 Reynolds & Havas A Professional Corporation 101 Pine street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendants Rebecca E. Tritt BY THE COURT: Date: (Prothonotary) (Seal of the Court) '! f COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER . No. 97-3257 civil Term . and HARRY LINGENFELTER, her husband, . . Plaintiffs . . : v. . CIVIL ACTION - LAW . : REBECCA E. TRITT, . . Defendant . JURY TRIAL DEMANDED . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: RECORDS CUSTODIAN East Shore Orthopedic Associates, P.C. 450 Powers Avenue, Suite 101 Harrisburg, Pennsylvania 17109-5926 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things at the offices of Reynolds & Havas, A Professional Corporation, 101 Pine Street, Harrisburg, Pennsylvania 17101: All documents, including without limitation all medical records, physical therapy records, charts, results of diagnostic studies, x-ray reports, billing records, and any other related documents pertaining to Darlene M. (Gochenaur) Lingenfelter (DOS 03/03/63) (Social Security No. 202-56-3476). 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: Stephen L. Banko, Jr. Esquire Attorney 1.0. No. 41727 Reynolds & Havas A Professional Corporation 101 Pine Street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendants Rebecca E. Tritt BY THE COURT: Date: (Prothonotary) (Seal of the Court) STEPHEN L. BANKO. JR.. ESQUIRE PA Attorney 1.0. No. 41727 REYNOLDS & HAVAS A Profe..lonal CorporatJon 101 Pine Stroot POll Office Box 932 Horrl.burg, Pennsylvonlo 17108-0932 (717) 238.3200 Attorney for Defendant REBECCA E. mITT COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, : No. 97-3257 civil Term . . . . Plaintiffs v. : CIVIL ACTION - LAW REBECCA E. TRITT, Defendant . . . . JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA. TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Rebecca E. Tritt, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no Objection is made the subpoena may be served. Date: STEPHEN L. BANKO, JR. PA Attorney I.D. No. 41727 REYNOLDS & HAVAS A Professional Corporation lOl Pine street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendants Rebecca E. Tritt d COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, : No. 97-3257 civil Term : Plaintiffs v. CIVIL ACTION - LAW REBECCA E. TRITT, Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: RECORDS CUSTODIAN HealthSouth Regional Work Performance and Hand Center 840 North Front Street Wormleysburg, Pennsylvania 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things at the offices of Reynolds & Havas, A Professional Corporation, 101 Pine Street, Harrisburg, Pennsylvania 17101: All documents, including without limitation all medical records, physical therapy records, charts, results of diagnostic studies, x-ray reports, billing records, and any other related documents pertaining to Darlene M. (Gochenaur) Lingenfelter (DOB 03/03/63) (Social Security No. 202-56-3476). 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: Stephen L. Banko, Jr. Esquire Attorney I.D. No. 41727 Reynolds & Havas A Professional Corporation 101 Pine Street Post Office Box 932 Harrisburg, Pennsylvania 17l08-0932 (717) 236-3200 Attorney for Defendants Rebecca E. Tritt BY THE COURT: Date: (Prothonotary) (Seal of the Court) ." , (. I "y ~..., 'y',' '. {', '. : " '. " ,. "" ...l ...l ...: N ~ N ~ ~ ;J 0 ~ ~ ~ ~ ~ ......;< ~ <(l g ~ ~ " x d "-l ~ :t '" t.:l ,. c ~ ~ 5 ~ '" V) "-l ~ a: ~ '" <( ~ :I: ...l 0 :I: en " , DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. NO. 97-3257 REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 3rd day of April, 1998 I hereby certify that I have served Objections to Subpoena on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Stephen L. Banko, Jr., Esq. Reynolds & Havas 101 Pine Street P. O. Box 932 Harrisburg, Pa. 17108-0932 Respectfully submitted, By: Dated: April 3, 1998 SIlOllEN8E8GE8.. IANUl7I. llP ]:-i!,'US(,I..;-;'Tl'\\'SRllAp. I'll f\l.'Xt...'H~ . t{ARRI::,RL'Rl"r.",17h't>l'i.f'i l7I,12'" \7,\' . ....4.X 171i'1 :H~:I: " PI . ' . \ PRAECIPE FOR LISTING CASE FOR r\RGU~IENT Plusl be lypcwrillcn ~n<l ~ubll1illetl in t1uplic~lc) TO THE PROTHONOTARY/OF CU~lBERLAND COUNTY: Ple:ue wt the within matter for the next: o Pre.Tri:u Argument Court ~ Algument Court ---------------------------------------------------------------------- CAPTlO~ OF CASE (enliIe caption must be staled in full) (: ," n \ ::.1 ." DARLENE LINGENFELTER and . . 1;'1 HARRY LINGENFELTER, her husband, , '> . .;--~ (pbintift) , '- ~ I ':-~ r vs. .., '-'1 . ... .,' ) ", - , .. , ., ~J ",~, . .. 1.1 -.; REBECCA E. TRITT, (o.fendant) vs. No. 3257 Civil 19~ 1. Sute matter to be ugued (i. e.. pl>intiff, motion for new lri:u, defend:U1t', demurrer to compbint, elc.): Motion of Defendant to Rule upon Objection to Subpoena 2. Identify coun,el who wiilargue cm: (a) for pl>intiff: Elizabeth A. Ontko, Esquire (b) for defend:mt: Michele J. Thorp, Esquire 3. I will notif)' all partie, in writing within two do)', lhollhi, case has b,en listed for argument._ Michele J. Thorp, ID 71117 Reynolds & Havas Post Office Box 932 Harrisburg, PA 17108-0932 b11!J) 236-3200 .r'f- '1(' - ~ '. CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the united states Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the I/.c,{ day of May, 1998, addressed as follows: Elizabeth A. Ontko, Esquire Shollenberger & Januzzi 1820 Linglestown Road Post Office Box 60545 Harrisburg, Pennsylvania 17106-0545 (Counsel for Plaintiffs) REYNOLDS & HAVAS A Professional Corporation By: ~/l~^) ;Q~ ~~~ ar'on Dell-Ga 16gher Secretary 97-3257 CIVIL TERM Pennsylvania Rule of Civil Procedure 1028(a)(5) allows a preliminary objection for the nonjoinder of a necessary party. Plaintiffs avers in Count III of their complaint that their automobile insurance carrier, Liberty Mutual Insurance Company, failed to comply with a mandate under Pennsylvania law to offer them a full tort option, and therefore, Darlene Lingenfelter is still entitled to seek recovery of noneconomic damages against defendant Rebecca E. Tritt. Plaintiffs argues that Liberty Mutual is not a necessary party to their claim in Count III because its rights as a first-party insurer will not be impaired during the course of this litigation, and therefore, it will not suffer prejudice. In Grimme Combustion, Inc. v. Mergentlme Corporation, 406 Pa. Super. 620 (1991), the Superior Court of Pennsylvania stated: A party is to be considered indispensable when its rights are so connected with the claims of the litigants that no decree can be made without impairing its rights, and it must be made a party to protect such rights. Sprague v. Casey, 520 Pa. 38, 550 A.2d 184 (1988); Columbia Gas Transmission Corp. v. Diamond Fuel Co., supra. If no redress is sought against a party, and its rights would not be prejudiced by any decision in the case, it is not indispensable with respect to the litigation. Sprague v. Casey, supra. In Mechanlcsburg Area School District v. Kline, 494 Pa. 476, 481, 431 A.2d 953, 956 (1986), our Supreme Court set forth the following guidelines for determining whether a party is to be considered indispensable in pending litigation: 1. Do absent parties have a right or interest related to the claim? 2. If so, what is the nature of that right or interest? 3. Is that right or interest essential to the merits of the issue? 4. Can justice be afforded without violating the due process rights of absent parties? It has been held that an inquiry into whether a party is indispensable is to be from the prospective of protecting the rights of the absent party, not from the view of whether the joinder or nonjoinder of a party would make the matter more difficult to litigate. See E-Z Parks, Inc. v. Philadelphia Parking Authority, 103 Pa.Cmwlth. 627, 521 A.2d 71 (1987), appeal denied, 517 Pa. 610, 536 A.2d 1334 (1987). -3- 97-3257 CIVIL TERM // By the Court,; .. / E~{~ Elizabeth A. Ontko, Esquire For Plaintiffs Michele J. Thorp, Esquire For Defendant :saa -5- '- .. , .J') ,- " II ~ t. , , , .:i 1- , ( (,'I l.:' ,~ 1 , (' 0 , I t, . . "- .' . C .J N ~ <'l Ul j ~ <{ ~ ~ III > . ~ ~ ~~9EN~ ~H~~~ .I::J )( ( Ul~O~O~ o U Ii: III > .J 0 . 10 O=Z....O~ z 2 ~~a:~ >- 0: > . W c( ~ ~ a: ~ i ~ ! ( ~ J: 8 . N Z <'l o ' I III . <'l . N " - ~,.. ~ ,.. , COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 civil Term . . . . Plaintiffs v. CIVIL ACTION - LAW : REBECCA E. TRITT, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Darlene Lingenfelter and Harry Lingenfelter, Plaintiffs c/o Elizabeth A. ontko, Esquire, Counsel for plaintiffs Law Offices of Timothy A. Shollenberger 1820 Linglestown Road Post Office Box 60545 Harrisburg, pennsylvania 17106-0545 YOU ARE HEREBY NOTIFIED to plead to the enclosed AMENDED ANSWER AND NEW MATTER OF DEFENDANT, REBECCA E. TRITT, within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, REYNOLDS & HAVAS A professional corporation Date: 2> jl'?)'11:_, By: Michele J. Thorp Attorney I.D. #71117 101 pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Rebecca E. Tritt 25. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 26. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. WHEREFORE, Defendant, Rebecca E. Tritt, demands judgment in her favor and against Plaintiffs. NEW MATTER 27. Plaintiff's claim for non-economic damages is limited by their tort selection under the Motor Vehicle Financial Responsibility Law, Act 6 of 1990. WHEREFORE, Defendant, Rebecca E. Tritt, demands judgment in her favor and against Plaintiffs. REYNOLDS & HAVAS A Professional Corporation Date: :::, !Iy-/gb By: Michele J. Thorp Attorney I.D. #71117 101 pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, R'~becca E. Tritt - 2 - CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United states Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the If...:!:! day of May, 1998, addressed as follows: Elizabeth A. ontko, Esquire Law offices of Timothy A. Shollenberger 1820 Ling1estown Road Post Office Box 60545 Harrisburg, Pennsylvania 17106-0545 (counsel for plaintiffs) REYNOLDS & HAVAS A professional corporation By: v{ aron Dell-Gallagher,'- Secretary . "" ....l ....l .... N ~ N or ;:l q ~ ~ :B ~ ~ -. 1 i <(J g ~ tS c:: !; ~ . ><l ~ ;;! 0 c.:l 1 c ~ c:: ~ ~ '" ><l ~ or. l%l ~ Z < ><l :I: ....l ....l 0 :x: rn ... DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. Plaintiffs v. NO. 97-3257 REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiffs, DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and files the following Answer to Defendant's New Matter: 27. Denied. Paragraph 27 of the Defendant's New Matter is denied as a legal conclusion pursuant to Pa. R.C.P. 1029(e). WHEREFORE. Plaintiffs, DARLENE LINGENFELTER and HARRY LINGENFELTER, respectfully request this Honorable Court to enter judgment in their favor and against the Defendant and to dismiss the Defendant's New Matter with prejudice and grant them the relief requested in their Complaint as a matter of law. Respectfully submitted, SHOL~tERGER & JANUZZI, LLP By: L ,t~. L~fL C.Jl Elizabeth A. Ontko, Esq. Attorney I.D. #78053 Date: May 19, 1998 SHOllENIJERGER &. JANUlZI, lll' 1~~l'II~{;u:~n'\\'NRll:\l) . I'l,l f\l..lXt-..""~ . IIARRI"llt'il..tj,I',o\ 17Il'\tll1~..~ 17171!H-17l\.' . f-AX(iI7IHPI1l! DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs v. NO. 97-3257 REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 19th day of May, 1998 I hereby certify that I have served the following Answer to New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Stephen L. Banko, Jr., Esq. 101 Pine Street Harrisburg, Pa. 17108-0932 Michele J. Thorp, Esq. 101 Pine Street Harrisburg, Pa. 17108-0932 Respectfully submitted, S~~LL:NBERGER &.\ANUZZI; LLP (J~J (;. j~) By: ,. Elizabeth A. Ontko, Esq. Attorney I.D. #78053 Dated: May 19, 1998 SIIOllEN8FRGER &. JANl'l1l. llP I~!~' llM;tL>.;TO\\'\! Rl\-\n . I'() l"li.)\ t'oI.'~H . H.'\fUl.I"lll'R\ i, 1'.'\ 17h'tl ,''l.f'' 171711l417.\' . fAX 1717\:1<4 ~:I! ">. (', ~~ h: .' c .,.' , _'1 w' '. (,.- r/ H:'. ,', " <:. " . ,-, 'i (~~ j u;' '1 [i' I .. " ?~' II .' (~ q f: "- ...l ...l N ~ N ... ~ ~ Q q Ii ~ ;i ~ ~~ x'" ffi g 20' c.:l \1 Ci a: ~ :> ~ :J co ~ ~ Vl ~ ~ ~ ...l ...l 0 :I: rn . - '1oy.ft"o'4~~~"a"lnllo.,.nllO 0..1\ )...-,,,..Ol....MI...t.h...n '",10...'115.,....,'1' ''1'''1' ~~:" ". DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. NO. 97-3257 REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of , 1998, it is HEREBY ORDERED that Plaintiff's amendment to her Complaint is granted. The mental injury averment set forth in paragraph 9, subsection (j) of Plaintiff's Complaint is hereby dismissed. J. SlWllEsnFRnfR 611 JANlllll. ur 1"1:,' ll~liIISTll\\'!\: Ih ""I) . I'll 1\1. 1\ t".'~<4" . IIARRI"l\t 'IH j I'", 171,,", ,'\<4" t7\71!l-4.liW.I.....'17171:1.."':I: ,\ , DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. NO. 97-3257 REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED MOTION TO AMEND COMPLAINT AND NOW comes the Plaintiffs, DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and does respectfully represent the following: 1. On or about August 27, 1995, Plaintiff, DARLENE LINGENFELTER, was involved in a motor vehicle collision in which she sustained serious personal injuries. 2. Plaintiffs commenced this action by filing a Complaint on June 18, 1997. 3. In paragraph 9, subsection (j) of Plaintiffs' Complaint, rlaintiff, DARLENE LINGENFELTER. averred that she sustained extreme mental and physical anguish as a result of the August 27, 1995 motor vehicle collision. 4. Plaintiff, DARLENE LINGENFELTER, wishes to amend her Complaint and dismiss the allegation of having suffered a mental anguish injury as a result of the collision as it is set forth in subsection (j) of paragraph 9 of her Complaint. 5. No prejudice will attach to either party if this Honorable Court amends Plaintiff's Complaint to reflect the dismissal of Plaintiff's claim for mental anguish. WHEREFORE, Plaintiff, DARLENE LINGENFELTER, respectfully requests this Honorab~e Court to enter an order SIIOltl-:l\infRG..-R bo J^l'il 'Ill. I 1.1' 1,,:,'lISlill...T,\\'\'S}hH.1l . 1'\11\l.1\o..'~4~ . II."flHI...I\l'lhi.I'.4.171,'v','~4' t7l;1~'4\7,\' . ',"\I;I'jI:\.~:I~ DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. NO. 97-3257 REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 13th day of July, 1998, I hereby certify that I have served the following NOTICE TO TAKE ORAL DEPOSITION on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Stephen L. Banko, Jr., Esq. Reynolds & Havas 101 Pine Street P. O. Box 932 Harrisburg, Pa. 17108-0932 Respectfully submitted, SHOLLE~ERGER & JANUZZI, LLP a f eth . Ontko, Esq. ey 1.0. #78053 By: Dated: July 13, 1998 Slll)lll:~Il~R(;.R &. JA~l'1I1.I.lP l"~,' II:\l ,11"11 '\\'S HI,.\]1 . I',) 1\0. 1\ r,,'q, . II "Hltl"I" -KI;, 1'"' 17h'l, ,""H 171;1:\.4 \;.\' .1-\\\;1;1:\.4":1: "y .",0.' -'.oLd' ~ - N .~ N ... ~ ~ C q < ~ ii ~ -. ~ ~ <<J ~ t: ~ ~ . d l.Ll ~ i c.:l j '" ~ :J ~ :l a: l.Ll ~ Of) ~ "' '" ~ ...l ...l 0 :z: '" .- ,wn"o {I" 1\"", .~ DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PA Plaintiffs v. NO. 97-3257 REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED Order " And Now this .z2 d day of July, 1998, the Stipulation to Amend Complaint has been approved. J. !'iIHllll'.:'\nf.R(;f,R &. JA~l'lll. t lP 1":l'IIS(,11..;1.'\,\'Slh1..\(l' 1'\11\1.)\1>0,''''4, . H.\KI{l"1\l1\(;,I"\17h\,>,'H'i \7171:q \7.\' . L\\ 1;171 :1-4 ":1: DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PA I I , Plaintiffs v. NO. 97-3257 REBECCA E. TRITT Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED Stipulation to Amend Complaint 1. The parties to this action hereby stipulate that paragraph 9 subsection (j) of Plaintiffs' Complaint is hereby dismissed. 2. The parties agree that this Stipulation be filed of record and that it will not be necessary for the Plaintiffs to file an Amended Complaint or for the Defendant to fi Ie an Answer to the changes set forth herein. 3. This Stipulation will be presented to the Court for approval. Shollenberger & januzzi, LLP Attorneys for Plaintiffs Reynolds & Havas Attorneys for Defendant ., c'i . (' By ~ t. .J. J:L J.JC. Eliz th ~. Ontko, Esq. Attorney I. D. #78053 By Step n nko, ~'_ Attorney I. D. # . I 71.1 SlmUE~R[R(aR &. JA:\l'ZlI. ll.ll 1 ~:,1 11\1 ju~n '\\':-'; Hll.\[) . 1'( I I" '\ ('.''4' . II:\HlU"lil 'Ri i. ]':\ 171,"{' ,'q, \717\ :1.4\7.\' . L\\ 1717\:1.4 ":l~ nLrJ~' C;:?:....::: Cr: ~' '~.TJ.T( lj') In I 'j r:, I,: II; l/' ..... I': ., " .:..'" ". .. , ". SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attome s for Plaintiffs DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUr~TY, PENNSYLVANIA v. NO. 97-3257 REBECCA E. TRITT and LIBERTY MUTUAL INSURANCE CO. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed by and between Elizabeth A. Ontko, Esq., Shollenberger & Januzzi, LLP, Counsel for Plaintiffs, Stephen Banko, Esq., Reynolds & Havas, Counsel for Rebecca Tritt and William C. Foster, Esq., Kelly, McLaughlin & Foster, Counsel for Liberty Mutual Fire Insurance Co., as follows: 1. In this action, by Order dated April 28, 1998, the Honorable Edgar Bayley joined Liberty Mutual Insurance Company as a Defendant to Civil Action No. 97-3257. 2. The policy of insurance which is referred to in thE! Plaintiffs claim was written by Liberty Mutual Fire Insurance Company. 3. Plaintiffs mistakenly named Liberty Mutual Insurance Company as a Defendant in this action when in fact, Liberty Mutual Fire Insurance Company is the appropriate named Defendant. 4. Liberty Mutual Insurance Company and Liberty Mutual Fire Insurance Company are separate and distinct companies. 5. It is agreed that Liberty Mutual Fire Insurance Company is substituted for Liberty Mutual Insurance Company in Civil Action 97-3257. 1 . , 6. It is furthermore agreed that all references in the Complaint or Answer filed in this action to Liberty Mutual Insurance Company are hereby amended such that the name of "Liberty Mutual Fire Insur'lnce Company" is substituted for the name "Liberty Mutual Insurance Company," 7. The caption of this action shall be amended to read as follows: Darlene Lingenfelter and Harry Lingenfelter, Her Husband, Plaintiffs v. Rebecca E. Tritt and Liberty Mutual Fire Insurance Company, Defendants 8. On or about May 6, 1998, Plaintiffs served Defendant, Liberty Mutual with their Complaint and Judge Bayley's Order dated April 28, 1998. 9. On or about August 3, 1998, Defendant, Liberty Mutual, filed an Answer to Plaintiffs Complaint but inadvertently put the wrong docket number on the Answer. 10. The correct docket number on Defendant's Answer should be Civil Action No. 97-3257. 11. It is the intention of the parties that this Stipulation be filed of record. ~ 12. This Stipulation will be presented to the Court for approval. SHOLLENBERGER & JANUZZI, LLP By: TL<- .L.:fi ( i\ f L Elizabeth A. Ontko, Esq. Attorney for Plaintiffs Darlene & Harry Lingenfelter Dated:.i} 1/. l (, Cf Dated: 1/2(1119 REYNOL S ,Hf~hs By: Il Steph n Banko, Esq. Aaorney for Defendant Rebecca E. Tritt Dated: dlJ01 , ~ 2 i~ . 1 4 t' ~ If' '- ,- co: ~: .. I .--~ I.l'. C , . ~~n , , "- ., ~... 1_1' .l~ : (-..1 I>: L_" l~..I1 , c- .'(1 ii..l (;- i;1.. . .oJ U. '" "j U 0' U SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: 717 234-8212 DARLENE LINGENFELTER AND HARRY LINGENFELTER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-3257 CIVIL ACTION - LAW JURY TRIAL DEMANDED REBECCA TRITT AND LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendants CERTIFICATE OF SERVICE AND NOW this ~ day of June, 1999 I hereby certify that I have served Plaintiffs' Request for Production of Documents, Liberty Mutual Fire Insurance Co. - Set No, One, by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William Foster, Esq. Kelly, McLaughlin & Foster 1700 Atlantic Building 260 South Broad Street Philadelphia, Pennsylvania 19102-5092 Stephen L. Banko, Jr., Esq. Badowski, Banko, Kroll, Kronthal & Baker 101 Pine Street P. O. Box 932 Harrisburg, Pa. 17108-0932 Respectfully submitted, By: June _, 1999 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O, Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: 717 234-8212 DARLENE LINGENFELTER AND HARRY LINGENFELTER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA William Foster, Esq. Kelly, McLaughlin & Foster 1700 Atlantic Building 260 South Broad Street Philadelphia, Pennsylvania 19102-5092 Stephen L. Banko, Jr., Esq. Badowski, Banko, Kroll, Kronthal & Baker 101 Pine Street P. O. Box 932 Harrisburg, Pa. 17108-0932 . v. NO. 97-3257 CIVIL ACTION - LAW JURY TRIAL DEMANDED REBECCA TRITT AND LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendants CERTIFICATE OF SERVICE AND NOW this ~ day of June, 1999 I hereby certify that I have served Plaintiffs' Notice of Take Deposition, by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Allor r Plaintiff By: J:1 June 2, 1999 >- CXl .... cl; f- .:1 -, j:..'~ (...~ ~;~~ II ,~- ) ( l__ _I :,~ [I: , ., . ..- "!;:j CO)'. 1 ( r:;. '!; L..'~ IJ." I . - 11> ="j j;"a 'J:-L -.J , \J C"I "'j '__1 Con 0 STEPHEN L. BANKO, JR., ESQUIRE PA Supreme Court I.D. No. 41727 BADOWSKI, BANKO, KROLL, KRONTHAL and BAKER A Professional Corporat1on 101 Pine Street Post Office Box 932 Harrlsburg, Pennsylvanla 17108-0932 Telephone: Facsimile: E-mail : 1717) 236-3200 1717) 236-6863 reyhav@ep1x.net counsel for Defendant, Rebecca E. Tritt COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 civil Term Plaintiffs v. CIVIL ACTION - LAW REBECCA E. TRITT and LIBERTY MUTUAL INSURANCE CO., Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Rebecca E. Tritt, certifies that (1) a Notice of Intent to serve subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) 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; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. Date: ~\,~ BADOWSKI, BANKO, KROLL, KRONTHAL and BAKER, A Professional Corporation J . Banko, Jr. ney I.D. #41727 By: 101 ne Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Rebecca E. Tritt - 2 - STEPHEN L. BANKO, JR., ESQUIRE FA Supreme Court I.D. No. 417:7 SADOWSKI. BANKO, KROLL, KROllTHAL and BAKER A Profess~onal Corporatlon :01 Pl.ne Street ?ost Ottlce Box 93: Harrlsburg. Pennsylvanld :1108-093: Telephone: Facslmlle: E-rnall: (717) 236-3200 17171 236-6863 reyhav@epl.x.net Counsel for Defendant, Rebecca E. Trltt COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DARLENE LINGENFELTER and HARRY LINGENFELTER, her husband, No. 97-3257 civil Term Plaintiffs v. CIVIL ACTION - LAW REBECCA E. TRITT and LIBERTY MUTUAL INSURANCE CO., Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: Records custodian for Ace USA P. D. Box 1307 Richmond, lndla~a ..; -/3! 4 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce at the offices of Reynolds & Havas, A Professional Corporation, 101 pine street, Harrisburg, pennsylvania 17101 the following documents or things relating to ~arlene M. Lingenfelter and Harry S. Lingenfelter, Signa, Private ?assenger Insurance ?CllCY No. B227 3522 6: copy of all appllcations, pOllO, changes, payment records, policies, endorsements, excluslC~S, :or~s, coverage electlon/selectlons and an,! other document ....hlOh pertal:".s in any ~anner to the above :e:erenced 5lgna ?o~:..::j' ;-;u:nbe=. You may deliver or mail legible copies of the documents or produce things requested by this sUbpuena, 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. >- \0 ~ ::; ..:J ;-~ >-~ .. 3~ L'IQ - - ( ... --: ~ "- u~ C"l: '_.,~ '.i. I'~ "'"' r":)~ (".Ji- , '.D :.~~ ."-' ......'. II ;._- Ir:Z U~tlj to!> '->.lfe .. -. ~ ,-.. Ci ~ '.I- en a 0 (.... ,,- ~) (.:; ..- '" : {~ ~}:~ .' :!~ " .. <~ .:J ...., \ ,"~ '\(; '-. -':U ,.Jel- L; :':3 1:"1 =) U . , ", ".,," SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 97-3257 v. REBECCA TRITT, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO END, SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By ~ f1rl..(}jA~ lo~ ~~q. Attorney 1.0. #81916 Dated: May 21, 2001 - ,- ., SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attome s for Plaintiff DARLENE LINGENFELTER and HARRY LINGENFELTER, Her Husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 97-3257 v. ". REBECCA TRITT, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 21" of May, 2001, I hereby certify that I have served the within Praecipe to End, Settle and Discontinue on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: James Ramsey State Farm Insurance 115 Limekiln Road P.O. Box 257 New Cumberland, PA 17070-0257 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: R S. , Esq. A orney I.D. #81916 Dated: May 21, 2001