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Home My WebLink About97-05133 , , ',~ , ) j " ~ io. ~ .~ ~ ~ " ~ ( .... \~ - .~ - <:J ~x . :0....,: V\",. . ~;. to'. 0", ~, J 1 dJS '" .. !I 5 [;~ t... ~ ZOOH w 0 OH!iZ i I:>l>-l sa '<l ZH H Ht:ll>-l t:l0 I:>l \Ot"'I:>llJ:l Z I:>l ~ ~I:>l i (II n . II- I>t'" pP 0"3 <: VlOII-n ~ ,.. :x0 0 tJl ..-o-,lZO ~ "d~ I:>l . ~ WHt:l~ ~ ~ t" en ~ WO j 0 II-t" t:ln "dO zn>-l ." Ht<l ~;J .....t" n 0 I (II ." ZII- III I HIClO g n >-I<l t1)H ....'~ <l Z"3 m I:>l ::lZ ::lZ Ht"'::;j 111 a..t:l "H t"'> n I > 0 >-I III >-I .....0 ~~ 0 ... a ::l~ ...,i:Il >-I "d~ ;;1 " ...,>-1 ~ t... . :;:: >0 (II ~ Z ~ . . "Cl "d g . t" I~ I:>l II- Ul c~ ..0 C) ~,; :';:.J -n ..... -, '1)[- ." U)f -.~ , I I ~!J , . .'. ' :.....) Ifrl ('1"- tj) ;l.:J r'~~ .~l ~ ~:> , , '.f-' (c) .'~ I ~ .1 jnl ':-.1 .._\ ::) ~ -, II) -, /- ANNIB A. DOL' KNIGHT, I IN THB COURT OP COMMON PLEAS Plaintiff I CUMBBRLAND COUNTY I PENNSYLVANIA , VB. I CIVIL ACTION - LAW I JOHN B. GBSCHWINDT, JR. , Defendant , NO. 97-5133 CIVIL TBRM ORDBR AND NOW, this _ day of , 1998, the attached Motion 1s hereby approved and it is ORDBRED and DBCRBED that Plaintiff is granted leave to file an amended complaint correcting the Defendant's name in the above-stated case from JOHN B. GBSCHWINDT, JR. to JOHN KARL GBSCHWINDT. BY THE COURT, J. Susan Kay Candiello, Esquire Thomas J. Williams, Esquire . ANNIB A. 1tJlOL.mIGHT, Plaintiff , IN THE COURT or COMMON PLIlAS , CUMBERLAND COUNTY, PBNNSYLVANIA , , CIVIL ACTION . LAW , I NO. 97-5133 CIVIL TBRM , VB. JOHN E. GESCHWINDT, JR. Defendant MOTION FOR LEAVE TO AMEND COMPLAINT AND NOW, comes the Plaintiff, ANNIB A. KROL.mIGHT, by and through her attorneys, Gates & Associates, P,C., and files the following motion to correct the name of the Defendant, and in support thereof the fOllowing is averred: 1. On September 22, 1997, the Plaintiff filed a Writ of Sununons against JOHN E. GESCHWINDT, JR., as captioned above. Attached hereto and marked as Exhibit "A" is a copy of the Writ of Sununons, 2. On September 30, 1997, JOHN E. GESCHWINDT accepted service of the writ of Sununons from the Sheriff of Cumberland County. Attached hereto and marked as Exhibit "B" is a copy of the Affidavit of Service. 3. The original Writ of Summons was properly served upon the Defendant, JOHN E. GESCHWINDT, JR., per Pa, R,C.P. 402(a) (2) (i). 4. The correct defendant in this instant matter, JOHN KARL GESCHWINDT, the son of JOHN E. GESCHWI~~T, resides with his family at the residence where service of the Writ of Sununons was accepted by an adult individual. 5, Upon filing his Entry of Appearance, Thomas J. Williams, Esquire altered the caption of the instant case to the name, JOHN E. GESCHWINDT. 6. The original Writ of Summons identified the Defendant as JOHN E, GESCHWINDT, JR. 7. When c.ccepting the service of the Writ of Summons, JOHN E. GESCHWINDT had the knowledge that the name on the Writ of Summons was not his correct name. 8. As the owner of the automobile which was involved in the accident in the instant case JOHN E. GESCHWINDT knew he was not the dri ver or the proper party to be the Defendant in this instant matter. 9. "Jr." is a commonly used designation for a son with the same or similar name. 10. On February 2, 1998, Thomas J. williams, Esquire, filed an Entry of Appearance on behalf of the Defendant, JOHN E. GESCHWINDT. Attached hereto and marked as Exhibit "C" is a copy of the Entry of Appearance. 11. On March 18, 1998, Plaintiff filed her complaint. Attached hereto and marked as Exhibit "D" is a copy of that complaint. 12. The information concerning the correct name of the Defendant is completely wi thin the control of the Defendant. Plaintiff followed the Defendant I s example and used the caption identifying the name of the Defendant as JOHN E. GESCHWINDT when filing the Plaintiff's complaint. 13. On March 23. 1998. Attorney Williams. on behalf of Defendant. JOHN E. GESCHWINDT. filed their answer to the complaint. alleging Defendant was not the driver of the vehicle, but John Karl Geschwindt was the driver. Attached hereto and marked as Exhibit "E" is copy of that answer. 14. On March 23. 1998. Attorney Williams. sent correspondence to Plaintiff with routine interrogatories and suggestions for proceeding in this action. Attached hereto and marked as Exhibit "F" is a copy of that correspondence, 15. On April 24. 1998. correspondence was sent to Attorney Williams requesting his consent per Pa. R.C.P. 1033. which allows the parties to correct the name of a party. to file an amended complaint Changing the name of the Defendant from JOHN E. GESCHWINDT. JR. to JOHN KARL GESCHWINDT. Attached hereto and marked as Exhibit "G" is a copy of that correspondence. 16. On May 11. 1998. Attorney Williams sent correspondence indicating John E. Geschwindt objected to any substitution of parties, Attached hereto and marked as Exhibit "H" is a copy of that correspondence. 17. On May 13. 1998. Attorney Williams filed New Matter with the court. On May 27. 1998. Plaintiff filed an answer to the New Matter. Attached hereto and marked as Exhibit "I" are copies of these documents. 18. On May 14. 1998. Plaintiff filed a First Amended Complaint putting the caption of the complaint in the name of "JOHN E, GESCHWINDT. JR." which was the original caption and name used in the Plaintiff's Writ of Summons. Attached hereto and marked as Exhibit "J" is a copy of the caption of the first amended complaint, 19. On May 26, 1998, Attorney Williams filed preliminary Objections to the First Amended Complaint, to which Plaintiff filed an Answer, indicating Plaintiff did not have leave of court or consent of the Defendant to file an amended complaint. Attached hereto and marked as Exhibit "K" is a copy of the preliminary '.' Objections and the Answer. WHEREFORE, plaintiff, ANNIE A. KROL-KNIGHT, praY6 this Honorable Court allow the Defendant's name in the instant case to be changed from JOHN E. GESCHWI NDT, JR. to JOHN KARL GESCHWINDT. Respectfully submitted, Gates & Associates, P.C. DATE: August:J..1, 1998 Susan Kay Cand ello. Esquire Supreme Co o. 64998 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 Attorney for Plaintiff CBRTIPICATB OP SBRVICB . I, susan Kay Candiello, Esquire, of the law firm of Gates & Associates, P.C., hereby certify that I served a true and correct copy of the foregoing Motion for Leave to Amend Complaint, on this date, by first-class United States mail, to the following counsel of record: Thomas J. Williams, Esquire Martson, Deardorff. williams & Otto Ten East High Street Carlisle, PA 17013 GATES & ASSOCIATES, P.C. ~ n Kay Can . 1013 Mumma Ro Lemoyne, PA 1 043 Sup. Ct. I.D.# 64998 (717) 731-9600 Attorney for Plaintiff Annie A. Krol-Knight Dated: August ~1, 1998 e.hlbll If A " VB. I IN TUB COUllT OF COMMON PLUS I CtlMBBRLAND COON'l'Y', PBNNSYLVANIA I I I I I I CIVIL ACTION - LAW RO. q1~ 5/,.3_ CIVIL TBRM ANNIB A. IROL'KNIGHT, plaintiff JOHN B. GBSCHWINDT, JR. Defendant PRABCIP!L1OR WRIT OP BI]MMONB To: prothonotary, Cumberland COunty COurt of Common Pleas Please issue d writ of summons to the defendant in the above- captioned action at the followinq address: John E. Geschwindt, Jr. 24 COrvair Drive Dil1sburq, PA 17019 Respectfully submitted, 110, Attorney 1.0. # 4998 GATES & ASSOCI ES, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) Dated: September 18, 1997 8 ~fu ~1'1 ttj " ,'r :::'r: t'-, "" -' "\'";:."-1 ....,.,....- lr" " ~..~ ~ ~ tJ) r<1 -a !:?, ~! N ~ '" .:2 5: ~ \D 9 I~ :ii J;:" .... exhIbIt J.11 llllt'i; ,"-VU11o Ul '-U1.....vl. ...1\....., V' '-UIIIU"""I.......... _v......"..,.. "".....J.'I'WIIIM Anr.ie A. Krol-Knight VS. John E. Geschwindt, Jr. No. Q7-'11ll rhril Tprm 19_ l';ow, Sep t. 23. York 199~_.1 SHERIFF OF CUMBERLA:"ol> CO\;l'iTY, P.\ do bereb~' deputize lb. SberllTor Couoty to u.cut. tbis Writ, tbll d.pubtloa beloz m3d. 31 tbe requesl ~od risk ohb. Pl3lnllrr. ~ Affidavit of Sen'ice Now, wltbin upoa or Septerrbe.r 30 Sumnons In Civil Action John E. Geschwindt, Jr. 24 Corvair Drive, Dillsburq, PA liOn John E. Geschwindt, Jr. Summons In Civil Action o true oad and m~d. koown to 1997 6,16 o'clock P. ~1.lerved Ibe .31 by b~ndiai ro ~rmled cop~' orlhe orlzio31 Him Ibe coalenlS Ibereor. . So answers, ,- . :':..i ') ~#~ Sherirrar YORK Coun~'. Po. .- ., ,.., " ,-:. N "- "-' (:......1 COSTS S"orn an~ subscribed beron me this 28th doy or October SERVICE MILEAGE A I'fIOH'tT s 19'::' III... J, Orosl, Notary ubi 0 VOrl<, Vorl< Ccunlf My Camml.,.lon Explr<<:sAprll ~O. 19l'l~ S 41. 70 ExhibIt "0" , '1ILIJIDATAfILI\DONIlOALDOC\U .1'" c-..t lOOlltJOJ S11.,.. II'WUIIt 0W2IM IJ.QJ Q1 PM ANNIE A. KROL-KNIGHT, Plainti IT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5133 i' I r v. JOHN E. GESCHWINDT, Defendant CML ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Enter the appearance of MARTS ON, DEARDORFF, WILLIAMS & OTIO on bebalfofthe Defendant in the above matter. Issue a rule upon the Plaintiff to file a Complaint within twenty (20) days from service thereof or suITer judgment of non pros, MARTSON, DEARDORFF, WILLIAMS & OTIO L~ ~.Qt ~..~ By Thomas 1. Wi iams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: February 2,1998 ,~,. ') , '" I I I I r I " CERTIFICATE OF SERVICE I, Tricia 0, Eckenroad, an authorized agent for Martson, Deardorff, Williams & Otto, hereby cenify that a copy of the foregoing Praecipe was served this dale by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: I, . Susan K. Candiello, Esquire Gates & Associates, P,C, 1013 Mumma Road Suite 100 Lemoyne, PA 17043 MARTSON, DEARDORFF, WILLIAMS & OlTO ~j~Jft {) 01l/J1}/~ ia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 2,1998 i I I I I i I i ~. " ANNIE A. KROL-KNIGHT, Plaintiff V8. . :m THE COtnt'1' or COMNOH PLBAS . or ctJMBBRLAm) COON'rY, . PENNSYLVANIA . . . . . NO. 97-5133 CIVIL ACTION . LAW JURY TRIAL DEMANDED JOHN E. GESCHWINDT, Defendant NOTICE You have been sued in court. If you wish to defend aqainst the claims set forth in the followinq paqes, you must take action within twenty (20) days after this complaint and notice are served, by enterinq a written appearance personally or by attorney and filinq in writing with the court your defenses or objections to the claims set forth aqainst you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered aqainst you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff: You may lose money or property or other riqhts important to you. YOU SHOULD TAKE THIS PAPBR TO YOUR LAWY&R AT ONCB. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO '1'0 OR TELBPHONE THE OFPICB SET FORTH BELOW TO PIND OUT WHERE YOU CAN GET LBGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUB CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER. (717) 249-3166 E >D ~ l>> CBfR ::"C ::;1 .- ~-..., ;;0 iri~ V. (. =3 ~~:.; CD ~t.; '.1~ '" -0 ~ ~r. :..: t~~ '8 ry (;) -~ -i .<- .,.. ~ =< <D " ANNIE A. nOIo'KNIGH'l', I IN '1'H1'l COURT OF COMMON PIoUS PlaintHf I OF CtlMBBlU.AND COON'l'Y, I PBNNSYINANIA VB. I I JOHN B. GESCHWINDT, I NO. 97-5133 Defendant I CIVIL ACTION - LAW I JURY TRIAl. DBMANIlBD COMPLAINT AND NOW, comes the Plaintiff, ANNIE A. KROL-KNIGHT, by and through her attorneys, Gates & Associates, P.C., and respectfully represents as follows: 1. Plaintiff Annie A. Krol-Knight (hereinafter referred to as "plaintiff"), is an adult individual residing at 2 Richland Lane, Apartment 208, Camp Hill, CUmberland County, Pennsylvania, 17011. 2. Defendant, John E. Geschwindt (hereinafter referred to as "Defendant"), is an adult individual residing at 24 corvair Drive, Dillsburg, York County, Pennsylvania, 17019. 3. On or about September 22, 1995, at approximately 3:00 p.m" Defendant drove his automobile into the rear of the 1987 Plymouth Horizon Turismo, owned by Plaintiff. 4. The automobile accident occurred on Route 11/15 at the Camp Hill By-pass just before 21st Street. Plaintiff was headed in the direction of the camp Hill Borough when she began to slow down for the traffic light; Defendant hit the back of plaintiff's automobile. 5. Plaintiff inunediately contacted her insurance company, Commercial Union. 6. Plaintiff procee~ed to work with Commercial Union regarding her automobile damage (Please see attached Exhibit #1 for a statement of the damages to plaintiff's automobile and three (3) estimates to repair the damage to Plaintiff's automobile.) and her medical injuries. 7. Donegal Mutual Insurance company, the insurance company representing Defendant, obtained an estimate, from a company of their Choosing, Starsinic Appraisal Services (Please see attached Exhibit #2 for a statement of the estimate to repair the damages.) who advocated using used parts for the automobile repairs. 8. Absent any discussion with Plaintiff, Donegal Mutual Insurance Company sent Plaintiff a check in the amount estimated for automobile repair by Starsinic Appraisal Services. 9. The estimate for ,damage repair by Starsinic Appraisal Services, Three Hundred Thirteen Dollars and Ninety-seven Cents ($313.97) was significantly lower than any of the three estimates which Plaintiff had obtained. 10. Plaintiff returned the check to Donegal Mutual Insurance Company, which was incorrectly written and contacted her insurance company, commercial Union who then informed Plaintiff they were no longer representing her. 11. Plaintiff had been told by mechanics employed by the three sources from which she had obtained estimates, of the unsafe practice to do automobile repairs with used parts. 12. Donegal Mutual Insurance company refused to provide Plaintiff with any avenue for attempting to argue her position regarding the repair of her automobile. 13. Some time thereafter, Plaintiff received a second correctly written check from Donegal Mutual Insurance Company for the amount of the Starsinic estimate. 14. plaintiff cashed DOnegal Mutual Insurance Company's check and had the repairs to her automobile done by L. B. Smith, Inc., Ford Division, the middle estimate among the three (3) estimates which plaintiff had obtained in the amount of Six Hundred Eighty- Eight Dollars and Forty-Seven Cents ($688.47). Plaintiff paid for the difference between the Starsinic and the L. B. Smith estimate which was Three Hundred Seventy-Four Dollars and Fifty Cents ($374.50) from her personal funds. (Please see Exhibit #3 for the bill for repair of damages to Plaintiff I s automobile by L. B. Smith, Inc., Ford Division). 15. plaintiff was without the use of her automobile for three (3) days while the automobile was being repaired. plaintiff rented an automobile for those three days from L.B. Smith, Inc., Ford Division in the amount of Eighty Dollars and Fifty-Two Cents ($80.52). (Please see Exhibit #4 for the bill for the automobile rental for three days from L.B. smith, Inc.., Ford Division). 16. Donegal Mutual Insurance Company only agreed to provide Plaintiff with reimbursement for one (1) day of automobile rental or Thirty Eight Dollars and Ninety Cents ($38.90). Plaintiff paid the difference for the automobile rental in the amount of Forty-One Dollars and Sixty-Two Cents ($41.62) from her personal funds. 17. plaintiff attempted to obtain reimbursement for her automobile repairs and rental from Donegal Mutual Insurance Company without success. . 18. Immediately following the automobile accident, Plaintiff began to experience pain and discomfort in her neck with an accompanying headache. The degree of pain and discomfort on a scale of 1.10 was approximately an 8-9. 19. If Plaintiff participated in any physical activity requiring more than light or sedentary activity the pain and discomfort in her head increased dramatically. 20. FOllowing the accident, Plaintiff was unable to drive an automobile and unable to sit straight and required support for her neck at all times. As a result, Plaintiff had to have someone drive her to work, doctors appointments, church and errands. 21. Plaintiff was unable to stand in one place or position for longer than a few minutes without becoming dizzy. 22. Due to problems with financial and job security, Plaintiff could not afford to be absent from work. Therefore, following the automobile accident Plaintiff suffered through each work day despite the physical pain she had to endure. 23. Upon arriving home after enduring a day of employment with its accompanying pain, discomfort and severe headaches, Plaintiff would not be able to complete any of her personal needs and/or household chores. 24. Plaintiff was unable to tolerate standing and moving in the kitchen to enable her to prepare meals for herself and her husband. As a result, most meals purchased by plaintiff following the accident were those already prepared, thus increasing the monies allocated for food purchases in Plaintiff's budget. " 25. Plaintiff had to go up and down several flights of stairs to do her laundl~. Followi~g the automobile accident, Plaintiff was unable to walk up and down stairs, let alone begin to consider carrying laundry on the stairs. 26. Plaintiff was unable to use the vacuum cleaner, iron, wash the floors, or perform any cleaning activities at all. 27. Plaintiff believed her pain and headaches were a natural result of the severe jolt she had received in the automobile accident. She initially attempted to treat her pain and headaches with over-the-counter medications, but her physical problems grew increasingly worse. 28. On October 16, 1995, Plaintiff was examined and treated by her family physician, James Blacksmith, M.D. Dr. Blacksmith diagnosed Plaintiff with muscle and cervical strain and occipital and cervical contusions. Dr. Blacksmith prescribe1 conservative treatment, warm compresses every one-half (1/2) hour and exercises. 29. Plaintiff applied warm compresses frequently and attempted to perform the recommended exercises upon returning home after work. 30. Plaintiff's dizziness, severe headaches and inability to perfonn activities of daily living continued without improvement. 31. On October 30, 1995, Plaintiff returned to Dr. Blacksmith. Dr. Blacksmith prescribed all previous treatment to be continued. 32. During December, 1995, Plaintiff was gradually able to resume driving her automobile. Although the headaches and dizziness had subsided somewhat Plaintiff now began to experience a "popping" or .snapping" in her neck every time she rotated and/or turned her head. especially to the left. 33. Plaintiff could not sleep with her head in certain positions, especially she could not lie with her head to her left side. 34. On July 28. 1996, Plaintiff returned to Dr. Blacksmith complaining of significant pain when using her left hand and/or turning her head to the left. Essentially, any activity which required Plaintiff to focus to the left or use her left hand caused pain. dizziness, headaches and a soreness at the base of her neck for several days thereafter. 35. Dr. Blacksmi th would not certify that Plaintiff was fully recovered from her injuries which she suffered as a direct result of the automobile accident. Yet. his field of expertise did not enable him to diagnosis the symptoms which Plaintiff complained of. 36. Plaintiff continued with the conservative treatment which Dr. Blacksmith prescribed for her as she continued to attempt to cope wi th her continuous pain and headaches. She tried to adapt by avoiding those physical positions and actions which would create additional pain. dizziness and headaches. However, sometimes this was not possible. 37. In the latter part of 1997, Plaintiff again began experiencing an increase in her pain and headaches. 38. On December 3, 1997, Plaintiff was examined by Ronald W. Lippe, M.D., an orthopedic surgeon practicing with the Orthopedic Institute of pennsylvania. 39. Dr. Lippe diagnosed Plaintiff with a past cervical strain which has now returned with increased neck pain. (Please see Fxhibit #6 for Dr. Lippa's medical records.) 40. At present, Plaintiff continues to suffer with neck pain, and headaches on a scale of 1-10 from 5-9, depending upon the activity which she engages in and the degree to which the activity focuses upon her left side. COUNT I NEGLIGENCE BY DEFENDANT. JOHN E. GESCHWINDT , JR. 41. ParagraphS 1 through 40 of this Complaint are hereby incorporated by reference. 42. At the time of the collision, Plaintiff was lawfully operating and in control of her vehicle. 43. The collision ~as caused by the negligent act of Defendant in that he failed to maintain control of his automobile at a safe distance and speed to avoid hitting Plaintiff'S automobile in the rear. 44. As a direct and proximate result of Defendant's negligence, Plaintiff suffered a severe, violent backlash to her head, neck and back, causing her to sustain severe and multiple injuries to her head, neck and back. 45. As a direct and proximate result of Defendant's negligence, Plaintiff continues to suffer from sevp.re headaches, pain in her left hand and arm area, pain in the left side of her neck and shoulder, and other possible unknown injuries. 46. As a direct and proximate result of Defendant's negligence, Plaintiff has been and continues to be prevented from being able to care for herself and her husband and her home and is not able to enjoy many of the activities which she and her husband participated in prior to the automobile accident. WHEREFORE, Plaintiff, ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgement in her favor against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount exceeding $35,000.00, for damages past, present and future; medical expenses, pain and suffering, psychological stress and trauma; attorneys' fees and costs; and for such further and additional relief as this Honorable Court deems just and proper under the circumstances. COUNT II. FAILURE OF DONNEGAL MUTUAL INSURANCE COMPANY TO APPROPRIATELY AND ADEQUATELY REIMBURSE PLAINTIFF ANNIE A. KROL-KNIGHT FOR DAMAGES 46. paragraphs 1 through 45 are incorporated as if fully set forth herein. 47. As a direct and proximate result of Donnegal Mutual Insurance Company's failure to reimburse plaintiff for the damages to her automobile, Plaintiff paid from her personal monies, the sum of $374.50 for her costs to have her automobile repaired in a safe and acceptable manner. 48. As a direct and proximate result of Donnegal Mutual Insurance Company's failure to reimburse plaintiff for the cost of the rental of an automobile during the entire time period her automobile was being repaired for damages from the automobile accident, plaintiff paid from her personal monies, the sum of $41.62 to be able to rent an automobile while her automobile was being repaired. WHEREFORE, Plaintiff, A}mIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgement in her favor and against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount exceeding $35,000.00, for damages past, present and future; medical expenses, pain and suffering, psychological stress and trauma; attorneys I fees and costs; and for such further and additional relief as this Honorable Court deems just and proper l . under the circumstances. Respectfully submitted, Gates & Associates, P.C. DATE: March 16, 1998 Susan Kay Candi 10, Esquire Supreme Cour~ No. 64998 1013 Mumma Dr~ , Suite 100 Lemoyne, PA 17043 (717) 731-9600 Attorney for Plaintiff CBRTIrICATB or SIRVIC. I, Susan Kay Candiello, Esquire, of the law firm of Oat.. , Associates, P.C., hereby certify that I served a true and correct copy of the foreqoinq complaint by first-class United States mail, to the followinq counsel of record I Thomas J. Williams, Esquire Martson, Deardorff, Williams' Otto Ten East Hiqh Street Carlisle, PA 17013 Attorney for Defendant John E. Oeschwindt, Jr. Datedl March 18, 1998 OATES' ASSOCIATES, P.C. ie~,~ o d, Suite 100 Lemoyne, PA 17043 Sup, Ct, I.D. N 64998 (717) 731-9600 , Owner: ANNIE KROL-KNIGHT Address: 2 RICHLAND LN APT 208 CAMP HILL PA 17011 09/29/95 at 16:30 C FED 1.1). '23-1585-278 >,' FRANC I S p~~I~h 7~~~Rf . 1000 PAXTON sT, HARRISBURG~ PA, 17104- (717) .:33-4521 Oar Phone: oe~u~Ubr~; Phone: (. KROL-KNI GHT D.R. 28965-0000183 Bst: T. BIXLER INC. 17171 737:8803: ~ N7A Insurance Co.: Claim No.: 87 PLYM HORIZON TURISMO Vin: 1P3BM44CXHD575879 AdJ. : Power brake!! Bumper guards Recline/lounge seats -------------------------------------------------------------------------------- 3D BLUE 4-2.2L-2 License: VNK1l7 PA Prod Power trunk Rear defogger Two tone paint Date: 0/ 0 Odometer: Tinted glass Bucket seats 14969:: REPR/ PART NO. REPL DESCRIPTION OF DAMAGE QTY COST LABOR PAINT MISC -------------------------------------------------------------------------------- 1 REAR BUMPER 2 Repl Bumper cover 1 3 Add for 2-Tone Refinish 1 4 Add for Edging 1 5 Repl Reinforcement 1 6 Repl RT Energy absorber 5 m.p.h. 1 7 Rep LT Energy absorber 5 m.p.h. 1 8* Refin TINT" BLEND 1 9* RENTAL PER DAY. 21. 39 1 -------------------------------------------------------------------------------- Subtotals ...> 469.00 3.6 3.0 0.00 134,00 1.7 1.8 0.7 0.5 160.00 87.50 87.50 0.3 0.3 0.3 1.0 " Page: 1 . 979S"'a t"i6: 30 (, ' C, 1. D. 1123-1585-276 FRANC I 5 P~~~17~g~Rr>> . 1000 PAXTON ST. HARRtSBURG.l. PA , 17104- (717) ..33-4521 '-....-~UL-Al.!"'n! D.R, 28965-0000183 Est: T. BIXLER INC. parts (SubJect to IlJvoice) 469. DC La or 3.6 units J '30'80 108.00 Pa nt 3.0 un ts 30. 0 90.00 Pa nt/Materials 3.0 un ts 15. 0 45.00 -------------------------------------------- SUBTOTAL $ 712.00 Tax on $ 712.00 at 6.0000% 42.7: -------------------------------------------- GRAND TOTAL $ 754.7: -------------------------------------------- INSURANCE PAYS $ 754.7: TIIS HSTI~TH IS BAS!D ON OUl INSPHeTION AND DOHS YOT COVES ADDITIONAL PAlTS 01 LABOR VBICB ~y BH IHQUIIHD AFTHI TIH VOII BAS BEEY STAIT8D. AFT81 TH! WORI BAS STAIT8Dt valY 01 Dl~G8D PAlTS VIleS VER! YOT BYID8YT ON PIIST INSPECTION ~y S! 0lseOVER8D, ~TURALLY. TSIS BSTI~T! CANNOT COVES sues CON IGMeIBS. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON PILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY PALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING. INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACTt WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENAL IES. Hstlute blled 00 NOTOI ClASS BSTI~rUG GUIDH. YOa'llth'fskIIJllfll ar~ derived rrel tbe Glide DBJSFBI. DllIbm Dlte 1/95 Daub e ISlerlsklll) Ilels ad cate plrt sapplled br I SIPP er other tbla the orl,lal eqaJpleot Ilourlctorer, Hl8st . A praduct or eee [arorlltJaa SerYlm lac, Page: 2 o r' L.B. SMrl'H JORD, INC. '.' 12th. & Market Streets I,emoyne, fA 17043 (717) 761-6700 Pax: (717) 761-3951 , ' 1160 Vfsfble Damage Quotatfon #1160 by J(}jN CAAEV on 09-26-95 ANNIE KROL.KNIGHT 2 RICHLAND LN Style : APT 208 Lfc. Plate: VNKl17 C>>lP HILL, PA 178011 Pa1nt Code: Phone: Prod. Date: 87 CHRYSl.ER CHARGER/TURISMO/<Jo1NI/HOProffle : STANDARD VIN: IP3BM44CXHD575879 Deduct1ble: 0.00 Mf leage: 49539 Qlt1ons: Insurer : Adjuster: Apprafser: Clafmant : Insured : Polfcy # : Clafm # : I tabar 011 D!serfntio!l 1 omam WI COVII US! 2 IIPLlCI 1m 80ml COVII 1 IIPLlel 1m 80l1P11 IIII'Olcum 4 muel I WI 8011P11 IXPlCT 1ISOIIII 5 IIPLlCl L 1m 801lPII IXPlCT mOlBu , '~L 011I eLm COlf 7 ~L 011I WI POI OVIISPUf I ADL COST UWOOOS 11m DISPOSAL , Judge.eot Ite. 'de! Lahor Pilot Labor OroQP .tir. Droup 0,00 l.l 0,0 IODr 1l4.00 lie 1.8 ON 150,00 IIC 0,0 ON 17,50 O.l 0.0 80Dr ON 17,50 O,l 0,0 80Dr ON 1,00 0,7 0,0 IImISI , 0.00 O,l' 0,0 mI1lS1 2.00' 0,0 0.0 SlIIIM rv IODr 1.t. ll.OO 57, OOT lI'I1ISI 1,11 lD, DD II OOT Tiled Lahor 141,00 h 5.0001 1,46 .1I1T UnUlLS l7.50T ON U9.00T DIIlDOtJ! IUTI 1.00! Tued COIU lUO Tued Puts 10.00 h "'001 2.37 h 5.0001 21.11 Lahor ( 4.7 In I 111.00 ldd'l Com/llterlil. lUO Parts 10.00 Tu l..,7 Grand Total fi88.47 car rental 23.60 per day ~ftll. lIClLL IOIBII: 0'-2"'5 15:15:50 'I.tibte Plu is I tndeurt of Kitchell rlul'Dltioul Copyrigbt 1"1.1"5 III ligbt. le.erred VISIDle uamage~stimate (~ - ~ ~ ~~ :: ~, ~~I~" f~' ~\~~~ I..~) ...; _.l-~ ...- vc_ 7,,1?tftfa") u.Rl-II- IIlL I\\IR IUI:l 4 & 5 . 7 . i 10 11 12 13 14 15 ,. i 17 i 1. i Ii ! j 20 ! 21 22 [23 ! 24 . 25 , 2. 27 :, '.. '-'''., r '...' 9 ,'':f.tJ1. ~i~- .' .,,~ DATE _ ,_ ,_ " I'INl S<; ~ \...\., Ullll8. 1I..i.. "- '.,}d.e ..-t<<1~~~1\f <S ~ /y9fy9 :~~~(.\':~l\{l.~:::~879 _ . ~. 1 V' 2 3 DITAILI 01' R!PAlR R . Ropalt S. SlIV,j/llon RIC . Recycl~ectvomO/R1lCOtW .~/. -,.,(. .' ".'- - I...,,' P:...,' ~., . ~ _ /j""'.. ~ '~, /':: ...(// ,~/. - ./.~. ,,- ?'.L,.' ;;, k. .. IWlTS INDEX A.Aft_ N.New U.UIId R._ I,' ," -:' .c::..~:' .~, ) .~'. J,-, ,'0., ../~.,. _t --:~/'/..... /.:'./'..,/ ' ~ ,- :;"..:1, " ,,/.' . .t L 0Ul1WmI WIll. BE coso.RDED UIUSS OTHERWISE INSTRUCTED I TOTALS. , JOt.tInMU .vTIR n.: WCAIC HM IIIN ITMTID. AID'TIONAU.Y ~ 0flI WOAN FMTS AM [)ISICf;MND WMCH ~ HOT IW:lEHT ON AAIT INIPIcnoH. ntI DAMAQI AEPOH1' DOU NOT COVER OR N:LUDI Nrt ArODf1"IOfrW. PltrInW OR LMOfI 'ttMCH WAy II AECt.WE1. AU. FMTI PNCU AN: SlAE:T TO frMXI. IIWoI>y _ tIIa -.. -X_lCI<nclwIedlle _pi of copy. Signed X Dal. BRENNER MOTORS II 1812-30 Paxton Street II Harrisburg, Pa. I Phone 232-4271 ' PI IWlTlI LAIIOR '/, /.7I'.lt,.., /. ..... 1~ ,( ~ ,j' J tJ -I- PAlHT a MATUlIALI 1U1llIT.1IISC. I , I I ~,t':' ............ .:l4 I I , I ?r, .t., I / /..2 W(" - L A II o R /.:, , ~; ~- c1~ ".., " oJ, ... ~?;. ~ ~~ 1.:.',: 800Y ~,) In. II :() .1a PAIN! ;). f.' rn. 0.:"',' t" FIWoIE_In.1I MECH In. II lWmI_aJbI<<;tfD_ SUBlET IMlSCEl.I.ANEOUS PUll Suc>p/loo _ In. II Body Suc>p/loo _ In. II 1lJwongIS1cfogo aww.... ~ cno.vo /".J. '. ;;~ ".' t.t ~-. , ;; :. lUll TDTA1.................,.......... TAlC_ 'l6 on $.............................. ~,.'.?1 ".. ..1 '! TOTAL " S ,,- . - ...,./,... CQad1t101 CGcIa. Dall ot Loll. CIII. I_r. limed. Cllllut. l4drell, lOll Roo., ,. .:/ulJO tUro:1 '" .ra ,:'tW.18Of tIfI ;t6'lQta:a ~qmC:l ~":"lJ^~. ",": 't~ ~,. ,,'.,;: ,,.,; .'... , , ,.,.'.' ,'~I ""nWUlC Uft.&U& .fJ~..:~.twlIO'{3'Q.lll.lb 3111'10 ~,_: ,'~~..u ~dmLt ':_ " .', -, '." ''',,'.~ ,:0;; ,'.0. IOJ JHZ @1IL1III N UIU:Hq.llODl~t-11l'1gQ. ,.; ", i; " ~'.ta..,.~- .. " .:: "~:' ":ll.' !tllUl,fl""'l, bNI bIo ~ ,y-'Iaqql iL"N t~,c' ',:",.;',:~:l .'''' '= . . ,'- . . . : ~# t;::4" . ,,,,,~t '-!i~.'" ..':.: '"r': ' 011191 .......d ". IlClOW J. nWUlC ,."IfprII'M Pot. .DOII:Il. .lIIUII G, ~~f.a";~i1'?~': '~~'.31..~.-4 i'" __=-., _ :.': ..:i.t.- , fypt ot Loll, "Jropertr ~,r1e''Q-,IM"''''~1'.=l,'ar.',D''l , . '0'; ':;.:1,' ~I '~~~i~"tt1.~u(''''''A"'~.~::.l ~: .: 8ooc1 ttlZZm 'Utllt.,..., aIU GlSCIVIJDf IUII UOL.WGDr , ,'.;,' , 2 IlCIWO WI WI' IIIJ. PI 17m (1171 1] 7-8UJ '; ,,~..' ";,li'.A ~....:'I1'l'ft' ~'.:f')I:tIJIJ~' ~t" .r.!'" ','. ; "f ._ .~.. ..: .;. ,'~ ,'., .' ". ~ 4 . OUCrlpl1oa. UI7 'moon ruJOlKO ZO lIB ".;~..', _-" ',.,.., m. 1']UllCIBDl1ll7t . LU.u., 1If.111', 'I -." ,'. IUllq,. U',ll2 "' . '~."'\ '. ;.:-;..W1 ':"'I'.$!~~;; J1:':):~('i-:I; OV~~::: ::a.wa; ~ nUi~,'~'~i:o:~1itD;~: ~AI::~~,:~,~ ~ ~I~IOI. 'r p~ i '. . ~.' ' """"~''''' .': ' LID' latfr Labor ~""'tl . ~ _ :' '~e~, "": -:;,' .;"- . Dollar ~r I1'1 Rar fypt (lptraUoa OI,erf;il04 :'. "r lIouat laIC I tllllS 1001 moqlUPLJCI 'wfruiPil , 'iI:ta.IlI Pur U..... U' 2 A loIn UUDP liJ;.. ,;~- ~ ~ 25." ] "'lit 8001 'WIII . 'UCOI. 110 pwi ~ . -:'~-': I " . I." . mllt IIflJ mIl1S1 . ~ ~WlIUIIPII COllI . , . " ~ ' I.t , 'llm urn &DO'L woloifa.iirmiflWl, j - I," · llITD &DO'L Cll8f ..~mr _ ',>. _ ,~ '.:' n.u' · J1ldqHtll II.. 711' 'ffi"fl 1-"" ',.., I 1 ~ I " t\ J;' ,. , .llrA ..,,: ""h _ ::""'1' .,o.lt '1. . . I.IQ PlUS tDC. . .MllImOlIIIlIl IIlGIII . m'U11 ":':~~".","_ ",-,!., OWlID ,%0 mOLl UPUI8,~~! Prior Onlq, lJrJlIOR - 'l5." . .. :'~:'^'l~l, 3'.S ';'J:.~c Jr.: : I1lelltll Ifmet. ~:..tm., r:.'" :;:'. ' ,"," r :; ..~ ,"." , Labor 'UIIlrl fatll. ld4'1 Labor til.t UIIU III. lIouat IIollOt roUI, 1.f J.... ..,.. l.1 lU. ..... !.Ibor SlllItotll m." Labor fll . ...., J.n ... Ut.!l II. Plrt I1911CHlOt SlIIIarr ,. hIel. Part. , Patti IdJUltl101 ,. 111.1 fII. ...., rotll ItpllclltOt Partl lIouOl, "ouat lit, .. JU' , J." m", I. !.Ibor 1~IOIII, 'Iodr bUal.. & I;' .. .... ~ 'I. lafIllfl RlClLL IDIBD. 1'1121" 1',1'," 5J-.I.','5 , "llc~1I! ~!!I 'trlloo. OCfJ'J Coprrtqbt leI m., Iltcbell IatmlUoul PLEASEi'RE/(DJDlStuuwEH ON BACK PI1' I,t l -'~-=_-:-_-_-::""-:-_--~--=-~-:':.:-~.-""';,-=",,,,,,,,,,----------------------_. ---- _. - --- " Extllb.t' :tf-3 . KROL-KNIGHT ANNIE _____~_ ;2 RICHLAND iN .." .. h _._ APT 208 I CAMP"HILL CUMBERLAND DATES: ,: BEGIN :022996' ".DCiiiE:' 0328 ADV: 206 DC: FMC _......, HOME: (nii 73f:S80T--- --.---- , , - - .__ ..._0-__.________.;.:__. _.__.____ . .,. -..1 :--... ._.- .: ."'..... .. . ..... _.. '... ._"' . . _' _.' .. _ _.. _. w'" _. ., . .. , ~~ - --':~~'ii~~- ~i;':G~~i~- ;:=::'::':;:---=:~-[:='.;~~;-~~~~~i-~ ~~~~.~ ~;.: ~~: ;:~.~ :~.= ~~: ~ ~ ~1 REAR BUMPE~.., _ _ .__-=-:."'-'.",.o,,--L~TECH .12~ . LAB tl1R~/ 2.~.. 9. ;. i'~. 00 ., ,. '~::-~:-:.~:-_-.--.--~~, . .'.. _. ,/.: ~.:,~n ~':'~,":6~.,V~~:. ~~~g~ ~ , C!O~R ,. '~ VEt!' PART NUMBER ,,-DESC.RIPTIbN-7.':"Ja:_:J;Iorir ~'{-:-: PRicE"'-EXTEHDE 010.!l216312COVER__, u*u***n**"******..* ;' IB/134.00 134.00 010 4103322REIHF .....' .._, ***************,****!I...~ _IB .,,160.00 160.00 010 ~20~16~ISOL. .******..***..-.******* ,..= 2B"-ei'.~0 17~.00 .PARTS AMOUNT ....._____.~_ ;,--l.-_._~~~_.._.. 469.00 LAB AMOUNT I ~ ~ :.1 I -, I 141.00 ._. -LIHEj'.9TA..L~':.~DE~t~~~::-:-,iJ~s_.:....,~......:.... .=-:....=...:.."":-.~.... n.., 6~0.00 -------------------.----------------------------------------------------- .,: :: ..:~: ,:",0" ,:.'" .',.',..,.:. 'PARTC,":11 loJ .'~cl:;;,r'~':' ~".', .. ",469.00 '. ..- . "" ".... ..... .:.....oi'-.~IJ'. ,.,~~,ljT'-;.-~..~'r " t..., 12.00 . ".. '. '". ..., ,:,.. "." ,.' "SUPPLIES' . '., ....; ., " . . 4 :, ":'.'.,i.,:', >':::':,~BOO'L:S"OP.1tAT~":::::: ! ','" ';""'27.~0 LAB-BODY SHOP 141.00 _, .. SUB-,TOTAL .:. . 649. ~O TAX I' ' 38.97 _, .. ' __T01'AL::CHARGES ,... 688.47 ..-'-, ,"'-.-,:'CASHioUE-.:::;;".:: _.- 688.47 LABOR RATE 30.00..HR-..-----...----- ..'.,., '.. - -,-.. , . . .. _ ., , '._" .._ ..-.-.~-_-_.-J--,.. , ' ATTENTION------~-----------------------~~~~~~---------------------------- OTHER RE?AIR ORDERS ON THIS VEHICl.E:~'I1';::: .: . " ME ' ' -:-' ~_.:;:.- -T-- --, PAGE 1 OF 2 ...:-;,(',....: r :., I .._--...~._.... ... I r. I .c'- ': . :1' . " :. t ;"',...:: ' ,'--- ' .. -- .I." r' '..... -'-'-"-----' ,.. . ON UNI SERYa INVOfONO IV I ucsl CUSTOMER ~---'--~-------- ----.------ - .' ( Q. .- t ( \ ~~ H " '~ '11 " ~. 'f,' ( ~ a; \ I C;j nr ExhIbIt :#5 I'; MOTOR VEHICLB ACCIDBNT lAUO HllD .. 'oaH M UPOArEl , . JIlin I TODAY'S DATB: IIJ'/tr?~ ). ~:':f..-- ~/J- HAHE: C{JtntnU f.dJ. 'Jb...I{J70... ADDRESS:5~O 18~ c,t'oau:.. ;7tJ ikx,Jau III pchant'C40td-'j Jl <G /7~1;~'1 PHONB NUMBIlR:' 7/7 I 7//f" -/7u () Ar.. 1:4... CLAIM NUMBER: rp 21/ 8 9002 7 Cr), ;J.- c; S- TIMB OF },CCIDENT: ~: 0 () tI }on . s-r J ,/.J" PLACE Of ACCIDENT: .A), 13 ~/tJ fJ., (tJ17I..,O (V.tU 1ft:;... , DBSCRIPTI?N OF ACCIDENT, ,.. ....t.')Jf, ,..t..... u:bt~) WM .vtb~ ~ ~f Ji&,,) ff1ov.J1J/. uU4JU1vt.rbi.eutUd, pi NM k-U-. ./U.JJAIlul.p d /; NAH!': I7at Ai t. AUTO INSURANCE: DAlE OP ACCIDENT: TYPE CAR: fJ1 fJlVtYllllrfJl /)~PEED OP CAR: tt:f .,M-,y:J<<J1t.i' DRIVBR:;"j;i:) no PASSENGER: y.. f!iP SEATBELT:!.'ii AIRBAG: '-'Yes rfo') - Inflated as designed: s no .. ARE YOU ABLB TO-WORI: ~ no IP NO, LAST DAY OP WORIC: REGULAR JOB DESCRIPTION: f>/.{Ll..s Ilie1d - rojlJ..j~ q;:.ant./'>(,t.1" no RETURN TO WORIC DATE: M bn..L ~ ~FULL DUTY DATE: PARTIAL DUTY DATE: RESTRICTIONS: I aurhori%e the release co.pany. 10.... 174e9 8/92 ~c0'd 01~ L9~ ~t~ I of any .edical tnfarmarton to my_auto tnsurance (stgnature)jN""~ l\Jrl\,oR.~~ .r HlIWS~DU18 d(J cv:Ol <.66I-oSt-d35 MOTOR VEHICLE ACCIDENT (PAGE TWO) .- TODAY'S DATE: /O-"/6-f'~ NANE: KtL b/-KIl igJ..t. I A11A_Je.. A. t=:. 18 II, " HEIGHT: =:: _ I:.. TEMPERATURE: q fJ. ,5" f'O . COMPLAINT~: , ~ba..lLr &u.<<4.iA- 0.... ,t;"tr.); I~ A~ ~-- ./11.J. U:... VJ... ..u.. J.;J:-.... 1'jK '-'1l1....Jc. ~ .a.J,I ~ /M.J J4A.Uk. 'C1.aehJ<j n.' 1V'l!.L'" /)(/tt.vU,^-; (IO'II.J1"'''') .~'ir , J JJtjA:l-1l.~1!1:.?;t'?Jt!'3~'U;:g..//1-- ,(~-= v~;,w/ e b a!k. PtWL.-J. I"' -0hlftl/V1t.4r,;..-) ~ O(({:{:J ~ J:'~ j/J(N!.Z- -MC~~ a.--- .wJ.~~- '.A. if /~44 /l..t. MfoIG.-~ p.,;o t!~ &uJ ~ - t!1 p i~- J'k. vi~ ~~ ~ ~"~ & r,J..L m...... - (i) ~ r H"'t::.. ,t." C I - 'I , <<J.'}" ~ t:MU- ~ JJ() ~r ~J- ~ -0 0/.. ~ ~ A, .) &..~~'/ul:slo.J~ ~L/~~ J} )~ 5~ ~~ / ~-"- M- ~I ~ ~' pk,t. I) f.t.6~ - ~ - ~ ~"'7J r JI ~,. A-J: , /\ 7. I ~J ~ _ ~_. - ~ L ) JP<- , VCV(a'd 01~ (~ 'I' 1 H1WS;OJl8 <11 r/..1P ~~:Ol ~1-ST-d3S r lP0 'd "'tj1Ol y- --, -. ._' .f' COMMUNITY FAMILY MEDICINE CENTER rAd- kMi~ .II'" ..,,:.;...... i ,..:'1, . ....-.t}"',.JI'<"'. ' ! ~:.~~ ""..14 ~!;~~" ~":ql~"~~~"~~'~~':7:,~~;,,,,;"~;NOta'-';"""""""'A" ... ... -:. .. ..... f I, ~fl ~:rop", CJ()- I .I'~ .JV-A.. '" ; fAtf . ISV,~ 1.ud" AL \ - A (fW'A' IhfJ ' Jj'l'~ .J ~lJqJ/~. I"'~"'^ . iJ.1f~ . - , r f).r, lJ -?..:; "i.k.r"71 ~ H. ,/L ~ IGD", , " I...:'" A.,.~, ...."Ji-..' {'tt ~ 'iQl t IU.... i.,ft. t Q ~. ml~ -:;:-" - 1-.. . I .' " p. , . .. f4..jJ &fI,../:!!:d uW , " I... I\".j.,:r ~"- \ " A''L. _ l' .~. _L.. - "'%k j . ~ : .., .I~" AI.. - cf4 ! or:L. L... II - . '. J-. ' .O/~ """'7J": L - ./J- 41' J')/&l6:- ~ J. _ $ .t.Uj"" I4.r tk./ 1. .m.J '" A.&...JI /. /, ~~. I .' . .a/: LJ 2[ . , , '. 2ft( ~~.L..!..' I.~"'''''''''L'''~ ' ..........~ J.' IV .I'U', -~ '" J. ~ ", ',{,.,n. . ^' UId.A - ~ __ I , ~ -:w J/_ . ,.J /ji;il' .., ,;... ~. JA>#- .. -:::::i r-73'.. I~' A.4" ,~-;;;P- I I ..::JI!.. ~ 71 :sz€ef:: Ir'f'O'll{l 7~1J.9f'f ~\t\ ........,J^ (Z\) kl'lAAlI ~ J I ,.=r "'I!.:&l- -_ ,\){\. (fAA" .., / I') ~ I - (f! i r.p (~/\rr^l R'I ..... ( , I>'0/l>O'd 0181. 1:9'- '-II. I HlIWS:{)lJ16 dJ 1:~:OI ~1-~t-d3S ExhIbIt , .e" ,I,fILU\OA r AIlll\DONiOALDOC\II..AIolS-..... CtMilIt lOOI~'W:JI:I".. ar.u.;:OlI>>'IIGtJJ-lI'" ANNIE A, KROL-KNIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYL V ANlA NO, 97-m3 v. JOHN E, GESCHWlNDT, Defendant CML ACflON . LAW ANSWER AND NOW, comes Defendant, John E. Geschwindt, by and through his attorneys, MARTSON, DEARDORFF, WILLIAMS & OlTO, and denies generally the allegations in Plaintiffs Complaint in accordance with Pa. R,C.P. fiI029(e), It is specifically denied that Defendant was the operator of any motor vehicle involved in the collision described in Plaintiff's Complaint; on the contrary, although Defendant admits to being the owner of the vehicle in question, Defendant believes and therefore avers, that his vehicle was being opersted at the time of the collision by John Karl Geschwindt. WHEREFORE, Defendant, John E. Geschwindt, demands judgment in his favor. MARTSON, DEARDORFF, WILLIAMS & OTIO Lo.t- ~ iv~.,.~ By ~ Thomas J. Wi! ams, Esquire ' Ten East High Street Carlisle, PA 17013 (717) 243-3341 >,.0 ~, o I) Attorneys for Defendant Dated: March 23,1998 VERIFICATION The foregoing Answer is based upon information which has been galhered by my counsel in lhe preparation of lhe lawsuit. The language of lhe document is that of counsel and not my own, I have read lhe document and to lhe extentlhat it is based upon information which I have given to my counsel, it is we and correct to lhe best of my knowledge, information and belief. To the extent lhat lhe content of lhe document is that of counsel, I have relied upon counsel in making lhis verification. This statement and verification are made subject to lhe penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to aulhorities, which provides lhat if I make knowingly false avennents, I may be subject to criminal penalties. ~ Eft~.~ / John E. Geschwindt , - ultal'14Mt, q)eanlo;(f: 1f{IIt'am& &- CJtto' WILLIAM f. MART50N JOHN 0, FOWL". III DANIEL K. OEAROOItFP TIlOMAS J. WILLIAMS. 1m II OTro, III SnPHEN L BLOOM GEORGE 8. fALLER. JR.. MICHAEL J. HANfT W l)ARIl[!N POWlLl THOMAS G. COLLINS C"RL C. RHett A rROft:\\ION^llORrORMloN ArrORNEYS AND COUNSHI.OR.S AT LAw TEN EA~T HIGH STRH.T CARLISLE. PF.NNSYlVANlA 17013 TlWHONl (71:') 24j.JJ41 FACSIMILI (717) 24j.18'0 March 23,1998 rNTllNlT mdwo<lmdwo.com .SIl.UO CUflfllO CIVIL Tuu S'(ClAusr Susan K, Candiello, Esquire Gates & Associates, P.C, 1013 Mumma Road Suite 100 Lemoyne, PA 17043 RE: Annie A, Krol-Knight v, John E, Geschwindt Our File No,: 3050.128 Dear Ms, Candiello: This will acknowledge and thank you for the Complaint in this matter, Enclosed is a copy of our Answer which has been filed, Also enclosed are some routine Interrogatories, Our copy of the Complaint did nor contain Exhibit 4, which, I believe, pertained to the car rental claim, Would you kindly have a copy of that scntto my attention, What are your desires regarding the further prosecution of this action? Do you want any discovery, I would like to take your client's deposition after we receive the Answers to Interrogatories back and after we subpoena her medical and employment records, Also, did you want to put this case in arbitration or have it listed directly for trial? Very truly yours, MARTSON, DEARDORFF, WILLIAMS & orro --I ~) <<-Jf ~ Thomas], Williams TJW/tde Enclosures , .' 1'1,-.1. ~ - ._"".' f 'filES DAfAfJU'OONEOAI~LTIt\IlI.5C'.J LJWI~_' INFORMATION ................ ~.............. ....... ... ~ .oo"'.'" . ADVICE. ADVOCACY'" ExhibIt II G" LAW OFFICES OF GATES & -ASSOCIATES, P.C. LOWELL" QAr(S AIM "_U" .. ...._.......1. ... .....RK I. HAI.BRUHl" AiM ....11.. '0 .... _, .. SUaAN KAY CANOIILLO CRAIQ A HATCH April 24, 1998 101.) ..U...." -.oAD, IUITllCIJ LfMOYNI. 'A 11GU IIIP) nl.... 'AX 11"" nl.1121 Thomas J. Williams, Esquire Martson, Deardorff, Williams' Otto Ten East High Street Carlisle, PA 17013 REI Annie A. Krol-Knight VI. John B. Geschwin4t, Jr. Docket No. 97-5133 WI' 1I1L 'INtN a....&....~""_eo.. Dear Mr. Williams: You correctly identified in your Answer that John E. Geschwindt. the father. in the above-referenced case, was not the party against whom this action should be filed. Inadvertently, the caption used in filing the Writ of Sununons was altered when we filed our complaint. The Writ of Summons identified the Defendant as John E. Geschwindt, Jr., the son of John E. Geschwindt. (We have enclosed a copy of the Writ of Summons.) We will be filing an amended complaint to correct the caption to identify the Defendant as John E. Geschwindt, Jr.. Per Pa. R.C.P. 1033, will you consent to agree to a correction of the middle initial of the Defendant from E. to K.? If you will'agre~ to our request, we will file an amended complaint identifying the Defendant as John Karl Geschwindt. We have attached a Petition to Correct the Defendant's Name. We would appreciate your signing it so we can proceed to correct this error. In response to your additional questions regarding proceeding with this matter we have enclosed Interrogatories addressed to Mr. Geschwindt, Jr, Once we have his responses, we will determine whether or not we want to take a depo~ition. We are agreeable with listing this case for arbitration once discovery is completed. Ms. Krol-Knight has promised we will soon have her responses to the Interrogatories which you sent. We will forward them to you as soon as we receive them. Very truly yours, .~ SKC:jn Enclosures cc: Annie Krol'Knight Susan Exhibit "H" Exhibit I , '.IILUDA T A'IU'DOHIOAL DOC\ In-ANI Jt* ~1cr11""OtJlI"" ......... Oil I 11M 1000 l'AM , ' v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO, 97.5133 ANNIE A, KROL.KNIGHT, Plaintiff JOHN E. GESCHWINDT, Defendant CIVIL ACTION - LAW ~MATIER 48, A total ofS787,21 was paid to Plaintiff on behalf of Defendant in full satisfaction of her claim for property damage and till rental. WHEREFORE, Derfendant John E, Geschwindt demands that Plaintiffs claim related to property damage be diminsihed, MARTSON, DEARDORFF, WILLIAMS & OTIO l-...~ iv.21~ Thomas 1.& iIIiams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243.3341 Attorneys for Defendant Dated: May 13, 1998 CERTIFICATE OF SERVICE I, Tricia D, Eckenroad, an authorized agent for Martson, Deardorff, Williams & Otto, hereby certify that a copy ofthc foregoing New Matter was served this datc by depositing samc in thc Post Officc at Carlislc, P A, first class mail, postagc prepaid, addrcssed as follows: Susan K, Candicllo, Esquirc Gales & Associatcs, P.C. 1013 Mumma Road Suite 100 Lemoyne, P A 17043 MARTSON, DEARDORFF, WILLIAMS & OTTO cia 0, Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 13,1998 ............... ...... .... ..- ANNIE A. DOL . KNIGHT , I Plaintiff I I VI. I I JOHN E. GESCHWINDT, JR. , I Defendant I I IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, . PENNSYLVANIA NO. 97.5133 , CIVIL ACTION LAW.' JURY TRIAL DEMANDED ',"i ',':1 - . -. ANSWER TO NEW MATTER AND NOW, cornel the plaintiff, ANNIE A. KROL-KNIGHT, by and through her attorneys, Gates & Associates P.C., and files the fOllowing Answer to New Matter. 48. Admitted in part and Denied in part. It is admitted Plaintiff was paid $787.21 by the Defendant's insurance company. It is denied that this payment fully satisfied her claim for property damage and car rental. WHEREFORE, Plaintiff, ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgment in her favor and against the Defendant, JOHN E. GESCHWINDT, JR. for damaqes in an amount exceeding $35,000.00, for damages past, present and future; medical expenses, pain and sufferinq, psycholoqical stress and " ANNIB A. JtROL-KNIGH'1', Plaintiff VI. . IN THE COURT OJ' COMMON PLUS: . OJ' COMBBRLAND COtlN'l'Y, , . PBNNSYLVANIA ' . . . . . -...~ , ' \ ) .. , , JOHN B. GBSCHHINDT, JR. Defendant NO. 97-5133 " CIVI~ ACTION LAW JURY TRIAL DEMANDED' -" -' " "-:.) , , ,-, .... ? c. '.:'J. - NOTICB 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 personaHy or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAitE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONB THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLB, PENNSYLVANIA 17013 TELEPHONE NUMBER. (717) 249.3166 ANNIE A. MOL' KNIGH'l', I IN 'l'HE COURT OF COMMON PLEAS Plaintiff I OF CUMBI!lRLAND COlJN'1'Y, I PENNSYLVANIA VI. I I JOHN E. GESCHWINDT, JR., I NO. 97.5133 Defendant I CIVIL ACTION . LAW I JURY TRIAL DEMANDED FIRST AMENDED COMPLAINT AND NOW, comes the Plaintiff, ANNIE A. KROL-KNIGHT, by and through her attorneys, Gates & Associates, P.C., and respectfully represents as follows: 1. Plaintiff Annie A. Krol-Knight (hereinafter referred to as .Plaintiff"), is an adult individual residing at 2 Richland Lane, Apartment 20B, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, John E. Geschwindt, Jr. (hereinafter referred to as "Defendant"). is an adult individual, but was seventeen years of age at the time of the incident complaint of, residing at 24 COrvair Drive, Dillsburg, York County, Pennsylvania, 17019. 3. On or about September 22, 1995, at approximately 3:00 p.m., Defendant drove his automobile into the rear of the 19B7 Plymouth Horizon Turismo, owned by Plaintiff. 4. The automobile accident occurred on Route 11/15 at the Camp Hill By-pass just before 21st Street. Plaintiff was headed in the direction of the Camp Hill Borough when she began to slow down for the traffic light; Defendant hit the back of Plaintiff's automobile. 5. Plaintiff immediately contacted her insurance company. commercial Union. 6. Plaintiff proceeded to work with Commercial Union regarding her automobile damage (Please see attached Exhibit #1 for a statement of the damages to Plaintiff's automobile and three (3) estimates to repair the damage to Plaintiff's automobile.) and her medical injuries. 7. Donegal Mutual Insurance company, the insurance company representing Defendant. obtained an estimate. from a company of their choosing. Starsinic Appraisal Services (Please see attached Exhibit #2 for a statement of the estimate to repair the damages.) who advocated using used parts for the automobile repairs. 8. Absent any discussion with Plaintiff. Donegal Mutual Insurance Company sent Plaintiff a check in the amount estimated for automobile repair by Starsinic Appraisal Services. 9. The estimate for damage repair by Starsinic Appraisal Services, Three Hundred Thirteen Dollars and Ninety-seven Cents ($313.97) was significantly lower than any of the three estimates which Plaintiff had obtained. 10. Plaintiff returned the check to Donegal Mutual Insurance Company, which was incorrectly written and contacted her insurance company, Commercial Union who then informed Plaintiff they were no longer representing her. 11. Plaintiff had been told by mechanics employed by the three sources from which she had obtained estimates. of the unsafe practice to do automobile repairs with used parts. 12. Donegal Mutual Insurance Company refused to provide Plaintiff with any avenue for attempting to argue her position regarding the repair of her automobile. 13. Some time thereafter, Plaintiff received a second , correctly written check from Donegal Mutual Insurance Company for the amount of the Starsinic estimate. 14. Plaintiff cashed Donegal Mutual Insurance Company'S check and had the repairs to her automobile done by L. B. Smith, Inc., Ford Division, the middle estimate among the three (3) estimates which Plaintiff had obtained in the amount of Six Hundred Eighty- Eight Dollars and Forty-Seven Cents ($688.47). Plaintiff paid for the difference between the Starsinic and the L. B. Smith estimate which was Three Hundred SeventY-Four Dollars and Fifty Cents ($374.50) from her personal funds. (Please see Exhibit #3 for the bill for repair of damages to Plaintiff's automobile by L. B. Smith, Inc., Ford Division). 15. Plaintiff was without the use of her automobile for three (3) days while the automobile was being repaired. Plaintiff rented an automobile for those three days from L.B. Smith, Inc., Ford Division in the amount of Eighty Dollars and FiftY-Two Cents ($80.52). (Please see Exhibit #4 for the bill for the automobile rental for three days from L.B. Smith, Inc.., Ford Division). 16. Donegal Mutual Insurance Company only agreed to provide Plaintiff with reimbursement for one (1) day of automobile rental or Thirty Eight Dollars and Ninety Cents ($38.90). Plaintiff paid the difference for the automobile rental in the amount of Forty-One Dollars and SixtY-TwO Cents ($41.62) from her personal funds. 17. Plaintiff attempted to obtain reimbursement for her 4utomobile repairs and rental from Donegal Mutual Insurance company without success. 18. Immectiately following the automobile accident, Plaintiff began to experience pain and discomfort in her neck with an accompanying headache. The degree of pain and discomfort on a scale of 1-10 was approximately an 8-9. 19. If Plaintiff participated in any physical activity requiring more than light or sedentary activity the pain and discomfort in her head increased dramatically. 20. FOllowing the accident, Plaintiff was unable to drive an automobile and unable to sit straight and required support for her neck at all times. As a result, Plaintiff had to have someone drive her to work, doctors appointments, church and errands,. 21. Plaintiff was unable to stand in one place or position for longer than a few minutes without becoming dizzy. 22. Due to problems with financial and jOb security, Plaintiff could not afford to be absent from work. Therefore, following the automobile accident Plaintiff suffered through each work day despite the physical pain she had to endure. 23. Upon arriving home after enduring a day of employment with its accompanying pain, discomfort and severe headaches, Plaintiff would not be able to complete any of her personal needs and/or household chores. 24. Plaintiff was unable to tolerate standing and moving in the kitchen to enable her to prepare meals for herself and her husband. As a result, most meals purchased by Plaintiff fOllowing the accident were those already prepared. thus increasing the monies allocated for food purchases in Plaintiff's budget. 25. Plaintiff had to go up and down several flights of stairs to do her laundry. FOllowing the automobile accident, Plaintiff was unable to walk up and down stairs. let alone begin to consider carrying laundry on the stairs. 26. Plaintiff was unable to use the vacuum cleaner. iron. wash the floors. or perform any cleaning activities at all. 27. Plaintiff believed her pain and headaches were a natural result of the severe jOlt she had received in the automobile accident. She initially attempted to treat her pain and headaches with over-the-counter medications, but her physical problems grew increasingly worse. 28. On October 16. 1995. Plaintiff was examined and treated by her family physician. James Blacksmith, M.D. Dr. Blacksmith diagnosed Plaintiff with muscle and cervical strain and occipital and cervical contusions. Dr. Blacksmith prescribed conservative treatment. warm compresses every one-half (1/2) hour and exercises. 29. Plaintiff applied warm compresses frequently and attempted to perform the recommended exercises upon returning home after work. 30. Plaintiff's dizziness. severe headaches and inability to perform activities of daily living continued without improvement. 31. On October 30. 1995. Plaintiff returned to Dr. Blacksmi th. Dr. Blacksmi th prescribed all previous trea tmen!: to 'be continued. 32. During December. 1995. Plaintiff was gradually able to resume driving her automobile. Although the headaches and dizziness had subsided somewhat Plaintiff now began to experience a "popping" or "snapping" in her neck every time she rotated and/or turned her head. especially to the left. 33. Plaintiff could not sleep with her head in certain positions, especially she could not lie with her head to her left side. 34. On July 28, 1996, Plaintiff returned to Dr. Blacksmith complaining of significant pain when using her left hand and/or turning her head to the left. Essentially, any activity which required Plaintiff to focus to the left or use her left hand caused pain, dizziness, headaches and a soreness at the base of her neck for several days thereafter. 35. Dr. Blacksmith would not certify that Plaintiff was fully recovered from her injuries which she suffered as a direct result of the automobile accident. Yet, his field of expertise did not enable him to diagnosis the symptoms which plaintiff complained of. , 36. Plaintiff continued with the conservative treatment which Dr. Blacksmith prescribed for her as she continued to attempt to cope with her continuous pain and headaches. She tried to adapt by avoiding those physical positions and actions which would create additional pain, dizziness and headaches. However, sometimes this was not possible. 37. In the latter part of 1997, Plaintiff again began experiencing an increase in her pain and headaches. 38. On December 3. 1997. Plaintiff was examined by Ronald W. Lippe, M.D., an orthopedic surgeon practicing with the Orthopedic Institute of Pennsylvania. 39. Dr. Lippe diagnosed Plaintiff with a past cervical strain which has now returned with increased neck pain. (Please see Exhibit ~6 for Dr. Lippe's medical records.) 40. At present, Plaintiff continues to suffer with neck pain, and headaches on a scale of 1-10 from 5 - 9, depending upon the activity which she engages in and the degree to which the activity focuses upon her left side. COUNT I NEGLIGENCE BY DEPENDANT, JOHN E. GESCHWINDT, JR. 41. Paragraphs 1 through 40 of this Complaint are hereby incorporated by reference. 42. At the time of the collision, Plaintiff was lawfully operating and in control of her vehicle. 43. The collision was caused by the negligent act of Defendant in that he failed to maintain control of his automobile at a safe distance and speed to avoid hitting Plaintiff's automobile in the rear. 44. As a direct and proximate result of Defendant's negligence, Plaintiff suffered a severe, violent backlash to her head, neck and back, causing her to sustain severe and multiple injuries to her head, neck and back. 45. As a direct and proximate result of Defendant's negligence, Plaintiff continues to suffer from severe headaches, pain in her left hand and arm area, pain in the left side of her neck and shoulder, and other possible unknown injuries. 46. As a direct and proximate result of Defendant's negligence, Plaintiff has been and continues to be prevented from being able to care for herself and her husband and her home and is not able to enjoy many of the activities which she and her husband participated in prior to the automobile accident. WHEREPORE, Plaintiff, ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgement in her favor against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount exceeding $35,000.00, for damages past. present and future; medical expenses, pain and suffering, psychological stress and trauma; attorneys' fees and costs; and for such further and additional relief as this Honorable Court deems just and proper under the circumstances. COUNT II. PAILURE OP DONNEGAL MUTUAL INSURANCE COMPANY TO APPROPRIATELY AND ADEQUATRLY REIMBURSE PLAINTIPP ANNIE A. KROL'KNIGHT POR DAMAGES 46. Paragraphs 1 through 45 are incorporated as if fully set forth herein. 47. As a direct and proximate result of Donnegal Mutual Insurance Company's failure to reimburse Plaintiff for the damages to her automobile, Plaintiff paid from her personal monies, the sum of $374.50 for her costs to have her automobile repaired in a safe and acceptable manner. 48. As a direct and proximate result of Donnegal Mutual Insurance Company's failure to reimburse Plaintiff for the cost of the rental of an automobile during the entire time period her , automobile was being repaired for damages from the automobile accident, Plaintiff paid from her personal monies, the sum of $41.62 to be able to rent an automobile while her automobile was being repaired. WHEREFORE, Plaintiff, ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgement in her favor and against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount exceeding $35,000.00, for damages past, present and future; medical expenses, pain and SUffering, psychological stress and trauma; attorneys' fees and costs; and for such further and additional relief as this Honorable Court deems just and proper under the circumstances. Respectfully submitted, Gates & Associates, P.C. D~TE: May 13, 1998 0,1' G~ Susan Kay iello, ESqu re Supreme Co No. 64998 1013 Mumma rive, Suite 100 Lemoyne, PA 17043 (717) 731-9600 Attorney for Plaintiff VERIFICATION The foregoing document is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of counsel and is not my own. I have read the documsnt and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knOWledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. 14904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. k,"'" A. h.f- ~(f- . IB A. DOL-KNIGHT Dated: May 11, 1998 CBRTIrICATB or SBRVICB I, Susan Kay Candiello, Esquire, of the law firm of Gates , Associates, P.C.. hereby certify that I served a true and correct copy of the foregoing First Amended Complaint by first-class United States mail, to the following Defendant: John E. Geschwindt. Jr. 24 Corvair Drive Dillsburg, PA 17019 Dated: May 13, 1998 GATES & ASSOCIATES. P.C. By Susan Kay Candi 110, Esquire 1013 Mumma a Suite 100 Lemoyne. PA 17043 Sup. Ct. I.D.~ 64998 (717) 731-9600 TEN EAH Hlt;U STREET CAIUoI.X.I.P~~~Yl"'ANIA 17013 .11___ ~ ". ""- - ANNIE A. KROL-KNIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5133 v. JOHN E. GESCHWINDT, Defendant CIVIL ACTION - LAW l'REUMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT TO: ANNIE A. KROL-KNIGIIT, Plaintiff, and her attorney, SUSAN K. CANDIELLO, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITIEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENfY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Defendant, John E. Geschwindt, and prays Your Honorable Court to strike Plaintitrs Amended Complaint for failure to comply with the law and the rules of procedure, and, in support thereof, the following is averred: I. Plaintiff filed her Complaint on March 18, 1998, a true and correct copy of which is ~ attached and marked as Exhibit "A." ra., 2. Defendant liled an Answer to said Complaint on March 23, 1998, a true and correct (0 of which is attached hereto and marked as Exhibit "B." (JJ 3. On May 14, 1998, Plaintiffliled an Amended Complaint, a true and correct copy of which is attached hereto and marked as Exhibit "C." 4. Plaintiff's Amended Complaint is identical in all respects to the original Complaint, except that the name and description of the Defendant has been changed. 5. Plaintiff's Amended Complaint has been filed without leave of Court or consent of the Defendant. WHEREFORE, Defendant, John E. Geschwindt, prays that Your Honorable Court strike Plaintitrs Amended Complaint. Dated: May 26, 1998 Respectfully submilled, M~ 0 IX/.J:tLl~~~:! OTIO By I C1.(.. Thomas J. iams. Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Allomeys for Defendant ANNIE A. JUlOL - ][NIGHT, Plaintiff VI. I Dl THB COURT or COMMON PLEAS I CCMBERLAND COUNTY, PENNSYLVANIA I I I I I I NO. 97-5133 CIVIL ACTION . LAW JURY TRIAL DEMANDED JOHN B. GESCHWINDT, JR. Defendant ANSWER TO PRELIMINARY OBJECTIONS n \.0 n !;:; co -n ~0 ~ ~~ n.: I ~~ -<.. c..J r) KROL-KNIG~~: by:~an~@ ~c:. - ;?'~ P.C., and -f"es~th~ ~ .~ ~ AND NOW, comes the plaintiff, ANNIE A. throuqh her attorneys, Gates & Associates following Answer to preliminary Objections. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. plaintiff'S Amended COmplaint has the same caption as the Writ of Summons which the Plaintiff filed on September 22, 1997, a true and correct copy of which is attached and marked as "Exhibit A". Defendant's Entry of Appearance filed with the court is the first document filed with the court which contains an altered caption. (Please see a true and correct copy of the Defendant's Entry of Appearance which is attached and marked as "Exhibit B".) 5. Admitted in part and denied in part. Plaintiff's Amended COmplaint, with respect to the caption. was filed only to correct the original mistake made by the Defendant in the caption on the documents filed by the Defendant, and the same mistake made by the Plaintiff when filing the oriqinal complaint. Plaintiff's return . , , EXh.b,l I\~~" ,:'I'D,..III.DA1~".nnr'\1U'" I..... 0.... IlWJlm OJ;jI:lt... ' a.o...a:lJIr'IIJMOt:lf;IJPN (. . v. IN TIlE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYL VANIA NO. 97-S133 ANNIE A. KROL-KNlGIIT, Plaintiff JOHN E. GESCHWINDT, Defendant CIVIL ACTION - LAW PRAECIPE TO TIlE PROTHONOTARY: Enter the appearance of MARTS ON, DEARDORFF, WILLIAMS & OTIO on beha1f of the Defendant in the above malter. MARTSON, DEARDORFF, WILLIAMS & OTIO By/~tU..>t- ~~~ Thomas 1. Williams, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Dated: Febnwy 2, 1998 t o , f1; t') ~ t.,: 1'1<: '. 0-- oJ f~:~~ ~/'. -- -. J:-. (J)l-'. .,. ,J/. , .. ., . (, '" ~~J f (" " .' G' , C\. . '..I ,,, /,1 L~ ,-" - ,''&' O"J ~, .J '" U 1:5~ i~ ~> n~ ~~ !i: ~ ~ ....CIl~ c ~~:5 - ~ '" :2~IM ~ ~ ~ R ~ ::1: 'Z~ ~ ~~~ ~ ~ i ~ O~O":' ~ ~ ....~~ ,,: ~f28 .. , ~~8~ s ~ z <' "" _ ~ l"i c ~Q~ 8"'~R 00<0 .( u.I ~~ffi ::: 7. - ~r 5 ~ t.J -' ,..... ~ ~ <l-~- ......:r IW ~ cn~~ ~~~ ;.. . z o u 0 ~ ~ ~ 9 u .., ~.... '^ ~ .. ~. 9 ~ ~~ < l ~ ~~ ~ ::e ~ u , .. . , .. .. . . .. . . . :.. SEP 2 3 199~ . F FII E'lIH.rAlll t lW.l~HjAI.IM)(',I;'A!'oS 41.M C,UlN "ll','l.,~I~'l(Jop'" IInl"'..! 1,'.Jl."llUI11.IA\1 W"'ll:l v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-5133 ANNIE A. KROL-KNIGHT. Plaintiff JOHN E. GESCHWINDT, Defendant CIVIL ACTION - LAW ANSWER TO PLAINTIFF'S PETITION FOR LEAVE TO AMEND COMPLAINT AND NOW, comes Defendant, John E. Geschwindt. by and through his attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO. and avers the following: I. It is admitted that Plaintiff liIed a Praecipe for Writ of Summons on September 22, 1997, naming John E. Geschwindt, Jr., Defendant. 2. It is admitted the Sheriffs Affidavit of Service states service was made upon John E. Geschwindt, Jr. In fact, Defendant John E. Geschwindt was served with the summons at his residence. 3. Denied. Paragraph 2 hereof is incorporated by reference. John E. Geschwindt, Jr., does not reside with John E. Geschwindt. 4. Admitted that John Karl Geschwindt resides with father, Jolm E. Geschwindt. Denied that service was made upon John Karl Geschwindt. s. The praecipe entering the appearance of MARTS ON. DEARDORFF. WILLIAMS & OTIO speaks for itself. MARTSON, DEARDORFF, WILLIAMS & OTIO appeared on behalf of John E. Geschwindt, as John E. Geschwindt, Jr., was not known to the Defendant who was served with the summons. 6. Admitted. 7. Denied. It is specifically denied John E. Geschwindt knew he was not the party against whom Plaintiff intended to commence these proceedings. John E. Geschwindt did not "accept' service. John E. Geschwindt at no time stated or acknowledged himself as anyone other than his actual name. 8. Admitted in part. denied in pari. It is admitted John E. Geschwindt is the owner of the autor.1Obile involved in the accident. It is specifically denied John E. Gesehwindt knew he was not the party against whom Plaintiffintended to commence these proceedings. John E. Geschwindt had no idca who the Plaintiff was, or what the Summons was about, when he was served with it. The Sheriffs deputy came to his door, askcd who he was. and handed him the Summons. 9. Admitted in part. denied in part. It is admitted "Jr." is a commonly uscd designation for a son with the same name. It is denied "Jr." is a commonly used designation for a son with a similar name. 10. Admitted. II. It is admitted Plaintiffliled her complaint on March 18, 1998, against Defendant John E. Geschwindt. 12. Denied. A motorist should have had the correct name of the other driver involved in an accident, as they cxchanged licenses. It is the duty of every litigant to investigate the facts before bringing a court action, and not to bring a court action against the wrong person. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. WHEREFORE, Defendant, JOHN E. GESCHWlNDT, respectfully requests this Honorable Court to DENY Plaintitrs Motion for Leave to Amend Complaint. Plaintitrs Motion is not merely seeking to change the name of the Defendant, but, rather, alter the identity of the party being sued. If Plaintiff wants to add John Karl Geschwindt. she should do so. or liIe a new Complaint against John Karl Geschwindt. Defense counsel represents John E. Geschwindt. and is not authorized to act in any way on behalf of John Karl Geschwindt. MARTS ON DEARDORFF WILLIAMS & OTTO By -rJ..-- J /)JJL.~_ Thomas J. Willia Esquire Benjamin T. Warner. Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant , , It ....... Date: September 22, 1998 C'F.RTIFICATE OF SERVICE I. Tricia D. Eckenroad. an authorized agent for Martson. Deardorff. Williams & Olto, hereby certify that a copy of the foregoing Answer to Plaintifr" Petition for Leave to Amend Complaint was served this date by depositing same in the Post Office at Carlisle, PA. first class mail, postage prepaid. addressed as follows: Susan Kay Candiello. Esquire Gates & Associates. P.C. 1013 Mumma Road, Suite 100 Lemoyne. P A 17043 MARTSON, DEARDORFF. WILLIAMS & OTIO . j) / )~/ . . " ~ py. :-:7/1 Nil. '(I' Iff? )rl1A ( - TrtMa D. Eckenroad 7 Ten'East High Street Carlisle. PA 17013 (717) 243-3341 Dated: September 22, 1998 I. r i r What does appear ot record is as tollows: 1. plaintitf tiled a praecipe or writ ot summons on september 22nd, 1997, against "John E. Geschwindt, Jr." 2. The affidavit of service trom the Sheriff ot York county indicates that the writ of summons was served september 30, 1997, upon John E. Geschwindt, Jr., by handing the within summons in civil action to John E. Geschwindt, Jr., at 24 Corvair Drive, Dillsburg, PA, 17019. 3. No person known as John E. Geschwindt, Jr., lives at that address. 4. John Karl Geschwindt and John E. Geschwindt both live at that address. 5. John K. Geschwindt, the son of John E. Geschwindt, was the intended Defendant in this action inasmuch as he was the operator of the motor vehicle involved in the accident. 6. On February 2nd, 1998. defense counsel filed a praecipe for entry of appearance and deleted the "Jr." from the caption and entered their appearance on behalf of John E. Geschwindt. 7. On February 25, 1998, defense counsel ruled upon Plaintiff to file a complaint. 8. On March 18, 1998, Plaintiff filed a complaint. Plaintiff used the same caption on their complaint as used by the defense counsel on its entry of appearance and f\f1Ul,."'llA TAfIUNl(INhl iAUll" 'I l1l.11ltNI1W'.l.1t 1"Ulrd:lN/WilIIH:tIU\AM Itf~JlIf": 11~"'iI(jU7::2II'\t }l)\jI.UII ANNIE A. KROL-KNIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 97-5133 JOHN E. GESCHWINDT. JR. Defendant CIVIL ACTION - LAW BRIEF IN SUPPORT OF DEFENDANT'S ANSWER TO PI.AINTIFF'S MOTION FOR LEA VE TO AMEND PLEADINGS I. FACTS: The underlying negligenl:e al:tion derives from J motor vehicle al:ddent involving Plaintiff and John Karl Geschwindt (hereinafter "Karl"). The acddent occurred on September 22. 1995. in the Borough of Camp Hill. On September 22. 1997. Plaintiff flIed a Praedpe for Writ of Summons against John E. Geschwindt, Jr.; the statute of limitations for negligence actions of this nature is two years. 42 Pa.C.S. 5524(2) (A copy of Plaintiffs Praedpe is attal'hed as Exhibit A to Plaintiff's Motion for Leave to Amend). The Sheriff's Affidavit of Service indicates service was made upon John E. Geschwindt, Jr.. at 24 Corvair Drive. DilL~burg, Pennsylvania 170 I 9. (A copy of the Sheriff's Affidavit of Service is attached as Exhibit B to Plaintiffs Motion for Leave to Amend). However. "John E. Geschwindt. Jr.." as so designated. if he exists. does not reside there. Instead. service was actually made upon John E. Geschwindt. sans "Jr.". the father of Karl and owner of the vehicle involved in the acddent; at the time of the acddent, Karl was approximately 17 years old and resided with his parents at the Corvair Drive address. At the time of service. Karl was away at school. On February 2. 199H, the undersigned l:ounsel entered its appearance on behalf of John E. Geschwindt and bsued upon Plaintiff a Rule to File a Complaint; as owner of the vehicle involved in the accident. Defendant believed the Writ was actually intended for him. Plaintiff flIed her Complaint on March I H, I l)9H, naming John E. Geschwindtthe sole Defendant. Defendant responded. however. that the driver of the vehicle at the time of the acddent was actually his son. Karl. Recognizing this error, Plaintiffs counsel now seeks to "amend" the Complaint.' I Defendant submits that Plaintiff wants to do more than merely amend the Complaint; she wants to substitute a party after the statute of limitations has expired. r . -, .. , On August 27. I '.19M, nearly one year after the expiration of the statute of limitations. Plaintiff filed the underlying Motion for Leave to Amend seeking to repla_e Defendant John E. GeSl:hwindt. Jr.. with John Karl GeSl:hwindt. Defendant filed an Answer on September 22. 199M. and in support thereof. submits the following brief. II. STATEMENT OF OUESTIONS INVOLVED: A. Whether Plaintiff Properly Instituted a Civil Action at Law'l Suggested Condusion: NO. B. Whether Plaintiff's Proposed Amendment is Permitted under Pa.R.C.P. 1003'1 Suggested Condusion: NO. III. DISCUSSION: A. WHETHER PLAINTII'l<' PRO PERL Y INSTITUTED A CIVIL ACTION AT LAW? It ha.~ long been established that an al.:tion _ol1lJnen_ed against an individual who does not exist is a legal nullity. Thompson v. Ped. 320 Pa. 27, III I A. 597 (1935). It is fundamental that an a_tion at law requires a person or entity whkh has the right to bring the a_tion, and a person or entity against whkh the a_tion _an be maintained. By its very terms. an a_tion at law implies the existen_e of legal parties: they may be natural or artificial persons. but they must be entities whkh the law re_ognizes 1I3 _ompetent. A dead man _annot be a party to an a_tion [I and any such attempted proceeding i~ completely void and of no effect. This disposes of the further argument that the defa;t was cured by the amendment. There I.:an be no amendment when there is nothing to amend. ld.. at 30, III I A. at 59!!. Plaintiff filed this a_tion against "John E. GeSl:hwindt. Jr.... a person who apparently does not exi~t. A.~ Plaintiff filed suit against a non-entity. the underlying Complaint is a legal nullity and there _an be nothing for Plaintiff to amend. What Plaintiff a_tually seeks to do is add a defendant. For the reasons enunciated in Thol11J)son, ~. as well as those set forth in Section B of this Brief. which l~ incorporated herein by reference. Plaintiff is not permiued to amend her Complaint in the proposed manner. at such a late date. Accordingly. Defendant respectfully requests this Court to deny Plaintiffs Motion to Amend for f.illing properly to name a person or entity against whom this action can be maintained. B. WHETHER PLAINTII<'F'S PROPOSEJ} AMENDMENT IS PERMITfED UNDER Pa.R.C.P. 1003? This Court has broad discretion in evaluating a petition for leave to amend caption. Hamilton v. Bechtel. 441 Pa. Super. 390, 392.657 A.2d 9XO.9XI (1995). A party seeking to amend its pleadings must comply with Pa.R.C.P. 1033, which provides: A puny. either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admiued. 42 Pa.C.S., Pa.R.C.P. Rule 1033. While this Rule is liberally applied and designed to encourage a final disposition upon the merits of a case. it i~ well-seuJed that "[a I Plaintiff may not add a new defendant after the applicable statute of limitations has expired." Anderson EQuip. Co. v. Huchber, 456 Pa. Super. 535, _.690 A.2d 1239, 1241 (1997). [lln cases where the statute of limitations has expired and a pany seeks to amend its pleading to correct the name of the party, the issue is whether the proposed amendment adds a new party to the litigation or merely corrects a party's name. Jacob's Air. Condo v. Assoc. Heatin~. 366 Pa. Super. 430, 433, 531 A.2d 494. 496 (19X7). 'If an amendment constitutes a simple correcting of the name of a party, it should be allowed, Wicker v. Esposito. 500 Pa. 457. 457 A.2d 1260 (l9X3). but if the amendment in effect adds a new party, it should be prohibited. Cianchelli v. Kavlen, 241 Pa. Super. 437. 361 A.2d X42 (1976).' Jacob's Air. Condo v. Assoc. Heatinl!.[] 366 Pa. Super. at 433. 531 A.2d at 496. . Anderson Equip. Co.. 456 Pa. Super. at_. 690 A.2d at 1241 (quoting Zercher v. Coca-Cola iliA, 43X Pa. Super. 142, 146,651 A.2d 1133, 1135 (1994)). If the proper party i~ sued, but - /~6l J. 100 . . ~ ~z .; 0"; > -~~ r" ~:;! ! > ~"<l0 ~~ ~ 52 g ! @ ~r. 0 i ~ g o ~ ~ ~ d ~~ 2 ' . ::; :. !t2' 0;0 : if;!: ~ ~ ~ rn ?> Z t"')-l .... .n Q ~ I~~~ 0>00 _ Z:t n Cl !::i ~9~~ ::J ~ '" 0 m :" ~ O(;f i ?::VlSij ~ 0 ~o 0 ... ~ S ~ '" - ~ '"<lg~C3 i r" ;:;Z. ?:: ,> 6 , '" - ~ t.W1"'U~ i::.... e: ~~~~ ~~~ _ 0 - - > Cl '" ... r; ...j :j <Il! .. 210 .." ~ ~ o;od CIl ~~ 5= to substitute another. distinct party. it should be disallowed. !d. A determinative factor is whether different assets will be subject to liability if the amendment is allowed. !d. At the outset. whether Plaintiff commenced this suit against the ostensibly fictional "John E. Geschwindt. Jr.... or John E. Geschwindt is immaterial. as the result is the same. The former situation was squarely addressed in Anderson EquiP---Co.. supra. in which plaintiff tiled a negligence action against certain named defendants. as well as "John Doe I." After the statute of limitations had expired. Plaintiff attempted to amend her complaint by substituting "Anderson Equipment Company" for John Doe I. Our Superior Court. through the Honorable John P. Hester, refused to grant pennission to amend and dismissed Anderson from the case: It is readily apparent herein that John Doe 1 is []l an incorrect name of Anderson Equipment Company. John Doe 1 is an entirely fictitious name for a fictitious entity having no relation to [Anderson Equipment Company.] Further. new assets will be subject to liability by the amendment since John Doe 1 had no assets and Anderson Equipment does. Thus. it is also clear that the amendment sought to add a new or different party to this action and should not have been allowed. ld.. at _. 690 A.2d at 1241-42. Anderson is particularly apropos here. as Plaintiff similarly filed suit against an apparently fictional character. Le., "John E. Geschwindt, Jr." John E. Geschwindt. Jr., has no assets, while John Karl Geschwindt does. Thus. the substitution of John Karl for John E. Geschwindt, Jr., would certainly add a new party to this lawsuit. As the statute of limitations has long since expired. amendment of this nature is not permitted. !d. This result holds true even if John E. Geschwindt is the Defendant against whom Plaintiff originally commenced this suit, as John Karl Geschwindt clearly is a different person. with distinct assets. A similar scenario was presented in Saracina v COloia. 417 Pa. 80.208 A.2d 764 (1965). There. plaintiff Saracina filed suit against "ANTHONY COTOIA. a minor." for injuries allegedly sustained in motor vehicle accident. Anthony Cotoia responded via answer. indicating he was 1 The Lexis text appears as follows: ..It is readily apparent that John Doe I is not an incorrect name of Anderson Equipment Company." Anderson Equip Co.. 1997 Pa. Super. LEXIS 578. "7. The subsequent sentences and analysis indicate the word "not" was inadvertently inserted. Thus. believing the inclusion of"not" was a typographical error, which is supported by the holding, it has been omitted from the selected text above. There. plaintiff Saracina filed suit against "ANTHONY COTOIA, a minor," for injuries allegedly sustained in motor vehicle accident. Anthony Cotoia responded via answer. indicating he was neither a minor, nor the driver of vehicle involved in the accklent. but. rather. was the father of Robert Cotoia, who had been driving the vehicle. Plaintiff subseljuently sought leave to amend. notwithstanding the statute of limitatiort~ had expired. Our Supreme Court denied amendment and in doing so. underscored the following principle: [wlhile there are strong indications in this case that Saracina intended to bring suit against the operator of the vehicle,[ I Robert Cotoia. an amendment or the complaint, after the statute or limitations has run, to bring in a new and distinct party to the action cannot be permilled: Thomoson v. Peck. 320 Pa. 27, 30. IHI A. 597[. 59H (1935>1. Saracina. at H3, 20H A.2d at 7M (emphasis supplied)(footnote and string citations omitted). In the instant case. Plaintiff c1aim~ she intended to commence suit against the driver of the vehicle. John Karl Geschwindt. What she actually did. however, was corrunence suit against the owner of the vehicle, John E. Geschwindt. who coincidentally is Karl's father. Nevertheless. Plaintiff concedes knowledge and possession of a police accident report prepared by the East Pennsboro Police Department. (See Answer to Interrogatory No.9. Plaintiffs Answers to Defendant's First Set of Interrogatories Directed to Plaintiff. June 22. 199M, attached hereto as Exhibit A). Although Defendant does not have a copy of this report. it may be reasonably presumed the drivers involved in the accident are identified therein. In any event. Plaintiff ultimately filed suit against the owner of the vehicle, rather than its operator.' In proposing to substitute son for father. Plaintiff attempts to add a new and distinct party to this lawsuit. As the statute of limitations expired more than one year ago. amendment cannot be permitted. Jd.; Anderson E(,/uio. Co., 45(, Pa. Super. at_. (,90 A.2d at 1241; Hamilton. 441 Pa. Super. at 395-9(,. (,57 A.2d at9M2-H3 (denying permission to substitute son for father where 1 As Plaintiff received the police accident report. which by her own admissions was made on the scene and shortly after it occurred, she certainly had a full and complete opportunity to discover the correct identity of the other driver. She cannot now claim his identity was withheld or concealed from her. or that she was somehow misled. statute of limitations ha.~ expired. notwithstanding apparent knowledge that son wa.~, in fal.:t. driver of l.:ar involved in al.:ddent). Moreover. Plaintiffs l.:ounsell.:onl.:eded in her leller of April 24, 1l)l)K. that the proposed amendment would add a new party: "You l.:orrel.:tly identified in your Answer that John E. GeSl:hwindt, the fJther. in the above.refereoced l.:ase. was not the party against whum this actiun shuuld be filed." (emphasis s'lpplied)(a true and al.:l.:urate l.:OPy of the Leller is allal.:hed to Plaintiffs Motion for Leave to Amend as Exhibit G). Thus, notwithstanding Plaintiffs l.:haral.:terization that she merely seeks to "l.:orrel.:!" the Defendant's name, the effel.:t of thi~ amendment would be to add a new party to the instant litigation. This type of amendment i~ preduded onl.:e the statute of limitations has expired. Plaintiff had two years in whH:h to investigate this al.:ddent and aSl.:ertain the identity of the other driver; indeed. she waited every bit of two years before l.:onunencing suit. In l.:onl.:eding knowledge and possession of the polke al.:ddent report, Plaintiff also l.:onl.:edes having had a genuine opportunity to a.o;certain the identity of the other driver immediately following the al.:ddent. Assuming the burden was upon Plaintiffs l.:ounsel to determine the identity of the driver. a mere l.:ursory review of Plaintiffs dOl.:umcnts would have proved suffkient. Nevertheless, Plaintiff filed a Praecipe for Writ of Sumrrons against an apparently fil.:tionall.:haral.:ter. John E. Geschwindt. Jr.. rather than the driver. and her l.:ounsel made no attempt to rel.:tify the error. or for that maUer, investigate the fal.:ts. until six months later, i.e.. Marl.:h 24, 1l)l)K. the date Defendant flied his Answer to Plaintiffs Complaint. In light of these drl.:uJ1lStances, Plaintiff l.:annotl.:redibly l.:ry foul. Al.:l.:ordingly, Defendant respectfully requests thi~ Court to deny Plaintiffs Motion for Leave to Amend, as the proposed amendment allempts to add a new party beyond the running of the statute of limitations. V. CONCLUSION: Plaintiff l.:onuneOl.:ed the underlying negligenl.:e al.:tion against a person who does not exbt. As a result. she failed properly to l.:onunenl.:e a dvil al.:tion at law and her Complaint is a legal nullity. Even assuming her al.:tions were suffidentlo l.:onunenl.:e an al.:tion allaw. the running of the statute of limitations predudes Plaintiff from adding a new and distinl.:1 party 10 Ihis litigation. For all of the foregoing reasons, Defendant. John E. Gesl.:hwindt, through his l.:ounsel. MARTSON DEARDORFF WILLIAMS & OlTO. respel.:tfully requests this Court DENY Plaintiff s Motion for Leave to Amend the Pleadings. MARTSON DEARDORFF WILLIAMS & OlTO By3i;~d~~ Thomas J. Williams. Esquire ID No. 17512 Benjamin T. Warner, Esquire ID No. 7t!IOO 10 East High Street Carlisle. Pennsylvania 17013 (717) 243-3341 Attorneys for Defendant Date: /011 Nr exhibit A .. ,. . L JJI Interrogatory No.9 Was any investigation made of the accident or accident scene by you or by anyone acting on your behalf after the accident? If so, then for each such investigation, kindly slate further: (a) The date and time it was made; (b) The name, address and employment of the person who made it; (c) The date and present custodian of any report concerning the inspectiol1 or investigation; (d) The identity of all persons interviewed as part of the inspection or investigation; and (e) A description of any exhibits, including. but not limited to, photographs or drawings prepared in cOMcction with the investigation or inspection. ANSWER: My only actions after the accident 10Iere to telephone the East Pennsboro Police Department at approxialtely 3:00 p.m. which 'WB i....-JiAtely following the accident, liho then II!Ide an accident report. Their report and the contents of the report is the only record of the accident of which I lID aware. PYS510 1997-05133 Cumberland county Prothonotary's Office Page Civil Case Inquiry KROL-KNIGHT ANNIE A (VS~ GESCHWINDT JOHN E JR 1 9/22/1997 9:24 010010000 010010000 Reference No..: Filed.. ......: Case Type.....: WRIT OF SUMMONS Time.........: Judgment. . . . . . : .00 Execution Date Judge Assigned: GUIDO EDWARD E Sat/Dis/Gntd.. Jury Trial.... Higher Court 1 Hiaher Court 2 .............................................**........f........................ General Index Attorney Info KROL-KNIGHT ANNIE A PLAINTIFF CANDIELLO SUSAN KAY GESCHWINDT JOHN E JR DEFENDANT WILLIAMS THOMAS J 24 CORVAIR DRIVE DILLSBURG PA 17019 ..............****......................**.......*..**....**.........***.....**. . Date Entries · .......**................**................***......**..................**...**. 09/22/97 PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED 10/29/97 SHERIFF'S RETURN FILED Litiqant.: GESCHWINDT JOHN E JR SERVED : 9/30/97 WRIT OF SUMM YORK COUNTY Costs....: $70.70 Pd By: GATES AND ASSOCIATES lO/29/1997 PRAECIPE FoR ENTRY OF APPEARANCE FOR DEFT BY THOMAS J WILLIAMS ESO PRAECIPE FOR RULE TO FILE COMPLAINT BY THOMAS J WILLIAMS ESO RULE TO FILE COMPLAINT BY CURTIS R LONG PROTHONOTARY COMPLAINT ANSWER NEW MATTER FIRST AMENDED COMPLAINT PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT ANSWER TO NEW MATTER ANSWER TO PRELIMINARY OBJECTIONS SECOND AMENDED COMPLAINT ANSWER MOTION FOR LEAVE TO AMEND COMPLAINT ORDER OF COURT - DATED 9/9/98 - IN RE MOTION FOR LEAVE TO AMEND COMPLAINT - RULE IS ISSUED AGAINST RESPONDENT RETURNABLE WITHIN l5 DAYS OF SERVICE - ARGUMENT 10123/98 9 AM CR 5 - BY EDWARD E GUIDO J - COPIES MAILED 9110198 09/22/98 ANSWER TO PLAINTIFF'S PETITION FOR LEAVE TO AMEND COMPLAINT 09/25/98 ORDER OF COURT 9124198 ARGUMENT SCHEDULED FOR lO/23/9B IS RE- SCHEDULED FOR THURSDAY lO/22/98 AT l:30 PM IN COURTROOM .5 EDWARD E GUIDO JUDGE COPIES MAILED 9/28198 ...........**...............***....***.....................***...........**..... . Escrow Information · . Fees & Debits Bea Ba1 Pvmts/Ad1 End Bal · ...*..................**........,........l......,.......*.......**......**...... 02/04/98 02/25/98 02/25/98 03/18/98 03/23/98 05/13198 05/14/98 OS/26/98 05/27198 06/03/98 06/03/98 06/15/98 08/28198 09/09/98 35.00 35.00 .00 .50 .50 .00 5.00 5.00 .00 5.00 5.00 .00 ------------------------ ------------ 45.50 45.50 .00 ................................*..............................~......*......... · End of Case Information · .......................................... ......... .,L~~~~~.~..........*..*.. WRIT OF SUMMONS TAX ON WRIT SETTLEMENT JCP FEE \ero\ - \el'\l 7 \ l~ V. G ('~l'vvJ! 6 y- v, I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I NO. 97-5lJJ CIVIL TERM I I I ANNIE A. KROL-KNIGHT JOHN E. GESCHWINDT, JR. AND NOW, this fit. ORDER OF ;f day of COURT SEPTEMBER, 1998, the argument scheduled for October 23, 1998, is rescheduled for Thursdav. October 22. 1998. at l:30 p.m. in Courtroom i 5. Edward E. Guido, J. Susan K. Candiello, Esquire .~ "I,.I"€:. - t...J"'':''~' n.~L ~I ... ., Thomas J. Willilllll/ Esquire .>b. t' . :sld V:I.'.1,\11 (':," ':'-/ '1IM.I......'. . 1\" ~l 'iul,. f\ ./.. >'""'-'.17'('""'10'1" .. .,' , . ; ~ tj >.,J Srl:5 IW Q:' d:;" II' -"" ...oJ ob ,\',\1' -. ',., . <J~J.(-:: ".' '_. >; ;.L "'0 .:i~;j:'o-aJiU - MDW&:6 INH1RMAlhlN -AJWIC ~. AJWtK:\Il' ~ Tf-N U\T 1-11(;" S lint I C.AIHISIf.. PFNNS,VIVANIA 1701J Susan K. Candiello, Esquire Gates & Associates, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 ',,,11I,,,111..,,1..',,11..',1.' " "',.....;~\~.i:"~~,\:""'w~- - . '1 ~ .. j " -. " i ~ \ " r~ .. f I \ t , , ~ MX?W~o ~ TEN M'il' HUiH S IRfU CAIUISU:, P".NI'4SYIVANlA 1701J Thomas J. Williams. Esquire MARTSON, DEARDORFF. WILLIAMS & OTIO Ten East High Street Carlisle, P A 17013 \",11I,,,111,.,,,,1\,,11.1,,\,1 '." "~,,,,,,',';';~""":~~~~:"'" ... . 't ' I I I ! . , ; j ....~. , ~ ':\ L. I i I \1 '[. ~ '1I'Il..IS\Do\TAIlUN>ON6QAL OOC\1lI-oan IMt c...- O9I'lIm 10111' AN ...... W11I9IIO -'0 '4 AM SEP 2 3 199~ ANNIE A. KROL-KNIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-5133 v. JOHN E. GESCHWINDT, Defendant : CIVIL ACTION. LAW ORDER AND NOW, this day of , 1998, upon consideration of the parties' motions, briefs, and oral argument, it is ORDERED and DECREED that Plainticra Motion for Leave to Amend the caption of her Complaint is hereby DENIED. BY THE COURT, Guido, J. cc: Susan Kay Candiello, Esquire Thomas J. Williams, Esquire .;....0 tJ.. o .Cj , . LAW OFFICES OF GATES &- ASS,)CIATES. P.C. tP ,...lIU.....AO.D.IIUITI'OO...:OYHE.PENH&YLV.HI.'nM3 OCT 2 0 1998 . .."".......~".,.""'~__:lI<<~~~.~.. ~ .,,_,_, .,.._".._....m..__~~"'_.."-_. ,.0 ~,..,._. ..- .-." .. " - . " . I - .I -~. """,..._. " ; - V. IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I : NO. 97-5l33 CIVIL TERM I ANNIE A. KROL-KNIGHT JOHN E. GESCHWINDT, JR. AND NOW, this ORDER OF COURT C}~ day of SEPTEMBER, 1998, upon consideration of the attached Petition, IT IS ORDERED AND DIRECTED AS FOLLOWS: (l) A Rule is issued against respondent to show cause why the requested relief should not be granted. (2) Respondent shall file an answer to the petition within fifteen (l5) days of service. (3) The petition shall be decided under Pa, Rule of civil Procedure 206.7. (4) Any depositions shall be completed within thirty-five (35) days of this order. (5) Briefs shall be filed in chambers and argument shall be held on Fridav. October 23. 1998. at 9100 a.m. in Courtroom . 5 of the Cumberland County Courthouse, Carlisle, Pa, (6) Notice of the entry of this order along with a copy of the Motion shall be provided to all parties by petitioner. Susan K. Candiello, Esquire l013 Mumma Road Lemoyne, Pa, l7043 Thomas J. Williams, Esquire lO East High Street Carlisle, Pa, 17013 By the Edward E. Guido, Judge :sld c..~ .m4i.L.,l, ilia/H. ..J .-fl. VS. NO. 97-S113 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW ANNIE A. KROL,..KNIGHT, PLAINTIFF JOHN E. GESCHWINDT, JR., DEFENDANT TYPE OF PLEADING: PLAINTIFFS BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT FILED ON BEHALF OF: ANNIE A. KROL-KNIGHT, PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: SUSAN KAY CANDIELLO, ESQUIRE GATES & ASSOCIATES, P.C. 1013 MUMMA ROAD, SUITE 100 LEMOYNE, PA 17043 PHONE: (717) 731-9600 SUPREME COURT 1.0. # 64998 On September 22, 1998, Plaintiff filed a Motion for leave to Amend the Complaint seeking to change the name of the Defendant from JOliN E. GESCHWINDT. JR. to JOHN KARL GESCHWINDT. ISSUES PRESENTED HAS PLAINTIFF, ANNIE A. KROL-KNIGI/T. ESTABLISHED A LEGAL CAUSE OF ACTION AND SERVICE OF PROCESS UPON JOHN KARL GESCIIWINDT! SHOULD PLAINTIFF BE GRANTED PERMISSION TO AMEND TilE NAME OF JOliN E. GESCIIWINDT. JR. TO JOHN KARL GESCIIW/NDT! ANSWER: BOTH IN THE AFFIRMATIVE ARGUMENT A LEGAL CAUSE OF ACTION liAS BEEN ESTABLISIIED AGAINST JOliN E. GESCllWINDT.JR. IN A TIMELY FASl/lON. WilEN AN ERROR lIAS BEEN MADE IN Tl/E NAME OF A PARTY. IT MAY BE CORRECTED BY AMENDMENT OF TIlE COMPLAINT. AFTER TIlE EXPlRA TION OF Tl/E STA TUTE OF LIMITATIONS. WIIEIv TilE AMENDMENT WILL NOT INTRODUCE A NEW PARTY INTO TIlE ACTION. PREJUDICE TIlE PARTY OR SUBJECT NEW ASSETS TO LIABILITY. 4 of limitations has expired, if the correction serves solely to correct the party name and does not add a new party causing the new party to suffer prejudice or surprise, Jacob's Air ConditioniOlI and Heatina v. Amx:iated Heatinll and Air Condition in II (1987) 366 Super Ct430, 531 A2d 494. John Karl Geschwindt was legally served. If the father, who accepted service, chose, unknown to Plaintiff, to exercise deliberate actions which served to keep the knowledge of this legal action from John Karl Gcschwindt. it is not error which can be attributed to the Plaintiff. It is established law the name of a party may be amended so long as it is not a guise to add or substitute new parties, Marzella v Kina (1978) 256 Super Ctl79, 389 A2d 659. In the case at bar, the "correct" Defendant's address was used for service. The original Writ of Sununons did not name John E. Geschwindt the owner of the automobile, as the Defendant. It was never the intention of the Plaintiff to serve process upon tht: owner of the automobile, the father of the Defendant, John E. Geschwindt. Plaintiff knew John E. Geschwindt was the father and owner of the automobile involved in the accident. Plaintiff had seen the automobile registration at the time of the accident. Junior, is an adjective defined by Webster as "I. younger (designating a son named after his father; often wrillen as Jr. following the name)." At the location of the accident the driver of the automobile involved in the accident stated to Plaintiff he was the son of the owner of the automobile identified on the automobile registration. Plaintiff was shown the automobile registration, copied the owners name and was given the name of the driver. the name on the automobile registration was John E. Geschwindl, the driver identified himself to Plaintiff as, John Geschwindt. The assumption Plaintiff made that the driver, as the son of the owner, was a Junior, was logical although erroneous. 6 In Hoare v Bell Tel.Co. (1985) 509 Pa 57, 500 A2d 1112, the court states the purpose for not allowing amendments which would enable new parties to be named, is to insure assets which were fonnerly not subject to liability from becoming subject to liability. Both John E. Geschwindt, Jr. lIIld John Karl Geschwindt, are covered under the same automobile insurance policy with the same terms of coverage. In allowing the name of John E. Geschwindt, Jr. to be corrected no ncw additional assets will be subjected to liabilil'J in the casc at bar. CONCLUSION In the casc at bar, an automobile accident occurred which resulted in property damage and physical injury to the Plaintiff. The Plaintiff attempted for two (2) years to resolve this matter without pursuing the matter in litigation. Plaintiff knew the individual to be identified as the Defendant, was not John E. Geschwindt, the father and owner of the automobile. Plaintiff believcd the son, the driver of the automobile in the accident, who had identified himself as John Geschwindt, to be the party against whom an action should be brought. During the two years when negotiations and infonnation were shared with the insurance company Plaintiff believed the driver of the automobile to be John E. Geschwindt, Jr. In many cases the courts have liberally granted parties the right to amend complaints for the purpose of making minor corrections. Theoretically, one can argue, anytimc an error is madc in the identification of a party. that error has created an individual, a legal nullity which docs not exist and therefore the action could not be sustained. If this theory of law were followed with all minor errors being declared null and void, numerous valid cases and the rights of injured parties, would be forever lost and justice would not I,e served. Thc courts havc not allowed this 7 to occur. the procedure and/or case law followed by the cowU have held minor errors have not created legal nullities which cannot support a cause of action. To protect unsuspecting defendants. the courts have chosen to establish certain criteria to utilize when detcnnining whether the right to amend a complaint should be granted to a party: I. Is the new party separate and different party from the original party? 2. Will the new party suffer prejudice iUld surprise? 3. Will new and different assets be exposed to liability when the amendment is allowed? In the case at bar, the amendment Plaintiff seeks, would not identify a new party. The party identified has always been John Geschwindt, who resides at 24 Corvair Drive, Di11sburg, P A 17019. It is clear the party was not meant to be the father who is John E. Oesch windt not John E. Geschwindt, Jr. The father did not refuse service stating there was not anyone residing at that address by the name of John E. Geschwindt, Jr. This suggests the father knew service was being made to the correct individual at the correct address. If as the pleadings of the John E. Geschwindt stale. John Karl Geschwindt docs not have any knowledge of the proceedings. this is not the fault of the Plaintiff. Plaintiff executed legal service upon John E. Geschwindt, Jr. If the father exercised deliberate actions to prevent the son, John Karl Geschwindt from leaming of the action at bar, the Plaintiff had no knowledge of this or ability to prevent. Plaintiff served the Defendant at the proper address. At a minimum the son, John Karl Geschwindt has knowledge of his liability in the automobile accident which occurred involving the Plaintiff. He also knows he has never received any infonnation from the 8 inlurance company informing him this case has been lettled. II is impossible to luggelt John Karl Gelchwindt would be lurprised to learn of the case at bar. Discovery has only begun thus enabling 10hn Karl Oesch windt to take an active role in the proceedings as they progress forward. 10hn Karl Oesch windt would not be prejudiced to enter the case at bar at this time. The assets of 10hn E. Oeschwindt, lr. and 10hn Karl Geschwindt are contained within the same insurance policy with the limits which it establishes. These assets remain the same whether 10hn E. Geschwindt, lr. or 10hn Karl Geschwindt are determined to be the parties in this action. The assets exposed to liability if the amendment for the name is allowed are no different than those assets exposed to liability under the original caption of the case at bar. The purpose of these actions of 10hn E. Geschwindt are to prevent the assets in his insurance policy from exposure at all. The assets have not changed prior to or during the pendency of the case at bar. Simply, if 10hn E. Geschwindt is allowed to prevail and the Plaintiffs motion to amend is denied, Plaintiffs case will be dismissed. The statute of limitations has expired, the Plaintiff will have no recourse against 10hn Karl Geschwindt for the property damage and personal injury which she suffered as a result of the accident in the case at bar. II is Plaintiffs' belief she has met all the required criteria to establish the request to amend the Defendant's name in the complaint: will not surprise or prejudice the Defendant; will not result in a new pany to the action; and, will not expose new assets of the Defendants' to liability. Plaintiff has in meeting these criteria demonstrated the request to amend the complaint is a request for a minor change which the courts have previously granted. For these reasons, Plaintiff, 9 CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the law finn of Gates & Associates, P.C., hereby certify that 1 served a true and correct copy of the foregoing Plaintiffs Brief in Support of Plaintiffs Motion for Leave Ie Amend Complaint, on this date, by first-class United States mail, to the following counsel of record: Thomas J. Williams, Esquire Maruon, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 GATES & ASSOCIATES, P.C. iello, Esquire oad, Suite 100 Lemoyne, P 17043 Sup. Ct. 1.0.# 64998 (717) 731-9600 Attorney for Plaintiff Annie A. Krol-Knight Dated: October 4 1998 .. . LAW OFFICES OF 'r GATES & -ASSOCIATES,r.C~ 1013 MUMMA ROAD. SUITE 100, lfWOYNl, PENNSYLYANIA 170&3 ANNIB A. DOL-mIGHT, Plaintiff VB. I IN '1'HB COUR'l' or COMMON PLIAS I CUM8!JlLAND COUN'l'Y, PENNSYLVANIA I I I I I I CIVIL ACTION . LAW NO. q..,~ ~t/33- CIVIL TERM JOHN B. GESCHWIND'l', JR. Defendant PRAECIPE POR WRIT OP 9T~ON9 To: prothonotary, Cumberland COunty Court of Common Pleas Please issue a writ of summons to the dGfendant in the above- captioned action at the following address: John E. Geschwindt. Jr. 24 Corvair Drive Dillsburg, PA 17019 Respectfully submitted, 1. 110, Attorney I.D. # 4998 GATES & ASSOCI ES, P.C. 1013 Mumma Road. Suite 100 Lemoyne, PA 17043 (717) 731-9600 IAttorneys for Plaintiff) Dated: September 18, 1997 ("') ~ !?, c: -. :J') :;oJ .... i'" ;rI mF! . (f1 -a ..,.1,:. N ~\ .., N )';' r-.;t:; ~. '~r' -- ;2 -",...: - t), ~( 'f? ,:..~ -- ~ ~ .0,) :0. ... .... CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an a:nhorized agent for Ma.rtson, Deardorff, Williams & Otto, hereby cenify thaI a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, fml class mail, postage prepaid, addressed as follows: SUS'1l1 K. Candiello, Esquire Gales & Associates, P.C. 1013 Mumma Road Suile 100 Lemoyne, PA 17043 MARTSON, DEARDORFF, WILLIAMS & OTTO ~~Jk IJ O{;///Y~ ia D. Eckenroad Ten East High Streel Carlisle, PA 17013 (717) 243-3341 Dated: February 2,1998 ---~--~''''''''''r-'!",;:,~~-;:.;'!,~'r- .;... , ~. '^"~-"""-"- .,.~ '. ..1_ ,\f1lU\DATAI1lI\DOHIOALDOC" I..AHI_I.... ~ 1~1..'OJ:Sl:I"W IanIM: OJ/tG'tIlMUJlrM ANNIE A. KROL-KNIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 97-.m3 \ v. f' >. JOHN E. GESCHWINDT, Defendant CML ACTION - LAW ANSWER AND NOW, comes Defendant, 10hn E. Geschwindt, by and through his attorneys, MARTSON, DEARDORFF, WILLIAMS & OTIO, and denies generally the allegations in Plaintill's Complaint in accordance with Pa. R.C.P. ~ I 029(e). It is specifically denied that Defendant was the operator of any motor vehicle involved in the collision described in Plaintiff's Complaint; on the contrary, although Defendant admits to being the owner of the vehicle in question, Defendant believes and therefore avers, that his vehicle was being operated at the time of the collision by 10hn Karl Geschwindl. WHEREFORE, Defendant,lohn E. Geschwindl, demands judgment in his favor. MARTSON, DEARDORFF, WILLIAMS & OTIO ~.n :\.1 o I) -rLi ~$-.- By Thomas 1. Wil ams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: March 23, 1998 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff, Williams '" Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, P A, fIrSt class mail, postage prepaid, addressed as follows: Susan K. Candiello, Esquire Gates '" Associates, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 MARTSON, DEARDORFF, WILLIAMS '" OTIO y Tricia D. EckenroBd en East High Street Carlisle, PA 17013 (717) 243.3341 Dated: Marth 23, 1998 LAW OFFICES OF GATES & -ASSOCIATES, P.C. LOWELl. R OATU ....."....Il...IIl.......""Mi".., MARK e HALBRUNEA ........."..n....."...4.....,.... SUSAN KAY CANOIILLO CRAIG Ao HA reM tOu MUWMA -.0"0, IUITII(>> LlWOYNL 'A 11'043 IPln 7UtlOO Apt"il 24. 1998 PAX 1717) 7:u.eeu Thomas J. Williams, Esquire Martson. Deardorff, williams & Otto Ten East High Street Carlisle. PA 17013 REI Annie A. KrOl-Kniqht vs. John B. Ge8chwindt, Jr. Docket No. 97-5133 WI_ IITI: wwwO....Lh"""COM Dear Mr. Williams: You correctly identified in your Answer that John E. Geschwindt, the father, in the above-referenced case, was not the party against whom this action should be filed. Inadvertently, the caption used in filing the Writ of Summons was altered when we filed our complaint. The Writ of Summons identified the Defendant as John E. Geschwindt, Jr.. the son of John E. Geschwindt. (we have enclosed a copy of the Writ of Summons.) We will be filing an amended complaint to correct the caption to identify the Defendant as John E. Geschwindt, Jr.. Per Pa, R.C.P. 1033. will you consent to agree to a correction of the middle initial of the Defendant from E. to K.? If you will.agree to our request. we will file an amended complaint identifying the Defendant as John Karl Geschwindt. We have attached a Petition to Correct the Defendant I s Name. We would appreciate your signing it so we can proceed to correct this error. In response to your additional questions regarding proceeding with this matter we have enclosed Interrogatories addressed to Mr. Geschwindt, Jr. Once we have his responses, we will determine whether or not we want to take a deposition. We are agreeable with listing this case for arbitration once discovery is completed. . Ms. KrOl-Knight has promised we will soon have her responses to the Interrogatories which you sent. We will forward them to you as soon as we receive them. Very truly yours, ~ diello SKC:jn Enclosures cc: Annie Krol-Knight Susan -IQ-I:>- ~ ~ ~ 2 :t "A ~ ;lD o f;; ~ ~ ~ ;r:I: ~ ~HR' - ,,- i"1 '-J ? V'I C ;:; ;:;J i ~ 3;;; ~ "f :>>., ~ '" " l,J.I...., 2; ... 0 I, - \..w ~ I$:: ~ ~ ~ ~ c !a~ ~.~i ~:s::; i '~i . . . -1(') o~ CIl~ ~(') Q~ 0." ~S 63.0 ~S t:2C1l >~ C::z Eaffi (')~8 <o~ z!=('1-1 0>00 . gC'T1 'D ~('1 .... 0 ~ ~.~~ ~I'"tt~ ~~~ <;~." <~ ~~ ~ ! f'1 ?> Cl ;.; !3l :< 13 ~ ~ 2 0 ~ :j (") .n 0 c:: co -0 .. :-:> ,:!:~ .~ ~{!! n nJI:; -t ~.( N . ~, Cj .. .~ .,'J.! ~:.. .}? r.~L~ .", . '):fj 7;('1 ::.t .~C) t,; l~! r- ....rn - ~'# .. S~ ~ ::>> .'" ~ t tllL'IUATMlII: 1I0Slt;,\! U(j('I;.IIIII I lUt l'utN I! ~~..1 LOI U If \\1 II,.,,,J I";' .... III 'J' \i~ \\t ANNIE A. KROL-KNIGlIT. Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 97-S 133 JOHN E. GESCHWINDT, Defendant CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SF.RVI('[ 01. A SUBPOENA PURSUANT TO RUI.F. 40ll2.ll As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (I) a notice of intent to serve the subpoena with a copy of the subpoena allaehed thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is all ached 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 intenlto serve the subpoena. MARTS ON, DEARDORFF. WILLIAMS & OTTO .,f~~ ~I ~ 1/ Nfl'l ~L.-- ~J ..-i1~ ~ By -t1.".u- ~ wJl.~..... Thomas J. Willi s. EsqUIre Ten East High Strcet Carlisle. PAl 7013-3093 (717) 243-3341 Attomevs for Defendant FL ZI ~', iJL ~('c.. 'fo,.~' I)\ It . J (: Leul 6 N10-H- .....- -- .~ Flll.E..S',OA rAFllE OO"'EGAllX)(',I~I-MJr 51:8 fltllM\i I()01"'iJllI'4'~ a'''IN 1ll..-01."iJJJ"o"~ ANNIE A. KROL-KNIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 97-5133 JOHN E. GESCHWINDT, Defendant : CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SIJRPOENA TO PRODUCE DOCUMENTS AND TIIINGS FOR DISCOVERY PURSUANT TO RI1I.E 4009.21 Defendant intends to serve a subpoena idel1ticalto 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. Ifno objection is made, the subpoena may be served. MARTSON, DEARDORFF, WILLIAMS & OTTO By Thomas J. Wil Ten East Hig treet Carlisle, PA 17013-3093 (7 I 7) 243-334 I .. Attorneys fur Defendant Date: October 7, 1998 _i u. o u CERII FICA n:.DLSF.RVICF. I, Tricia D. Eckcnroad. an authorized agenl for Martson. DeanlorfT. Williams & OliO, hercby certifY thaI a copy oflhe foregoing Certificatc Prerequisite to Service of Subpoena was served this date by depositing same in the Post Otlice at Carlisle. PA, first class mail. postage prepaid, addressed as follows: Susan K. Candiello, Esquire Gates & Associates. P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 MARTSON. DEARDORFF, WILLIAMS & OTTO ncia D. Eckenroad n East High Street Carlisle. PA 17013 (717) 243-3341 Dated: October 28, 1998 '-/ . . . ~ . . ..- . , . . . . ,'.... . , -l!:l-l> ~ j!! ~ a ~ F g ~ ; ?~ R' "':t !'l ~ ::; '" 0 N ~;i 2 .c:.. z ~ (II \M ~ -i ~ ... 5 ~ ~ ~ '" ~ ~ ::2 tIl;J mm t"l~8 <z~ Fg-l >00 g2~ O:;!O z. 3:: , .... 3:: s:mo .",~z <;"'.... .c:t"" ~~ ~~ ~!:::7'~ i~g :H~ ~~u~ ~ 0 8 5 Q~i ~ ~ Oi :< ~ m ?> !;j o t"" ~ :i .... ~ rn Cl ~ I ~ '" ~ :><l 0 ,n n ~ ,Jl -n \}lli '- '.j c: \TI ('jC' ;.:; ~' , ;.: l ''? c!' LI, .,( ., . :-~l:;l r":":I' ,.. T:;3 ~~; t': .,. ,')- -- ....C) ;:::--';! 'R ~'i I'" -. '1 ~. " ?J .~ -< .... - - ~ HI I '1l.t,'.t,'11 '" DO!'.' 11.\1 0111. l:~ \"''111,t~ tru,~l l"!l\tll!l\lIOjI'\1 anioN I"I!'/\Il! \fl 111'\1 . ANNIE A. KROL-KNIGHT. PlaintilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 97-5133 JOliN E. GESCIIWINDT, Defendant CIVIL ACTION - LAW ANSWER AND NOW, comes Defendant, John E. Geschwindt. and answers Plaintiff's Second Amended Complaint by incorporating by reference the Answer tiled to Plaintift"s original Complaint. MARTSON. DEARDORFF. WILLIAMS & OTTO By 1~~-lI)JJtt41:~- Thomas J. Willi s. Esquire Ten East High Street Carlisle. P A 17013 (717) 243-3341 Attorneys for Defendant Dated: June 12, 1998 CERTIFICATE OF SERVICE I. Tricia D. Eckenroad. an authorized agent for Martsun, Deardorn~ Williams & Otto. hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle. PA. first class mail, postage prepaid. addressed as follows: Susan K. Candiello. Esquire Gates & Associates, P.C. 1013 Mumma Road Suite 100 Lemoyne. PA 17043 MARTSON, DEARDORFF, WILLIAMS & OTTO a D. Eckenroad n East High Street Carlisle. P A 17013 (717) 243-3341 Dated: June 12. 1998 c... > t'" 2: 0.... !l ~ 0 ~ > 0 "1Z w :x: C. i ~ en Z .... C"ll-'! trl trl '" fi:X: C"l t'1 c... ..... trl S (II 0 . > c::: '''' ~ :< ....:<10 ~ .... t'1 ,.: '-' t"'C::: ~ > en < ::<1 I ~ ~ 3: C"l '" 0 : 0 ! (II ... '=' ..., .... III ,.: t'" n n"1 0 0 trl ro Z .... Z 1-<0 m '=' ::l '=' ::l I-< '=' <l ~n l" ('\ '" 0- I-'! .... Cl trl 1-<' 0 I ~ 0 n III . .... :x: 3: t'" I-'! 3: ... 0 ::l .... H > ><3: 3: .... c... .... . z >- 0 "0 : '" I-< >'1:l 50 ~ I-< 0 t'" ~ 1-1 z Z trl I-'! > . en D '" \l f~.s CD ~;~j !:= 1 (1;1-' ::.: ';':...'1 I .,., '-' <.!) :-; w ;-:'l n ~~ i.? -u ",1 ..:..~... ) :x rJc "1;-,1 i9 .~. r )... '~.. ~ ;;,,: "" ~ (Xl ANNIB A. DOL-KNIGHT, I IN THE COURT OF COMMON PLUS Plaintiff I OF CUMBBRLAND COUNTY, I PENNSYLVANIA VI. I I JOHN B. GBSCHWINDT, JR., I NO. 97-5133 Defendant I CIVIL ACTION - LAW I JURY TRIAL DEMANDED SBCOND AMENDED COMPLAINT AND NOW, comes the Plaintiff, ANNIE A. KROL-KNIGHT, by and through her attorneys, Gates & Associates. P.C., and respectfully represents as follows: L Plaintif f Annie A. Krol- Knight (hereinafter referred to as "Plaintiff"). is an adult individual residing at 2 Richland Lane. Apartment 208, Camp Hill, Cumberland County. pennsylvania, 17011. 2. Defendant. John E. Geschwindt, Jr. (hereinafter referred to as "Defendant"), is an adult individual, residing at 24 Corvair Drive. Dillsburg, York County. pennsylvania, 17019. 3. On or about September 22, 1995, at approximately 3:00 , p.m., Defendant drove his automobile into the rear of the 1987 Plymouth Horizon Turismo, owned by Plaintiff. 4. The autCJmobile accident occurred on Route 11/15 at the Camp Hill By-pass just before 21st Street. Plai~tiff was headed in the direction of the Camp Hill Borough when she began to slow down for the traffic light; Defendant hit the back of Plaintiff's automobile. 5. Plaintif f immedia tely contacted her insurance company, Commercial Union. 6. Plaintiff proceeded to work with Commercial Union regardinq her automobile damaqe (Please see attached Exhibit #1 for a statement of the damages to Plaintiff's automobile and three (3) estimates to repair the damaqe to Plaintiff's automobile.) and her medical injuries. 7. Donegal Mutual Insurance Company, the insurance company representing Defendant. obtained an estimate, from a company of their choosing, Starsinic Appraisal Services (Please see attached Exhibit ~2 for a statement of the estimate to repair the damages.) who advocated using used parts for the automobile repairs. 8. Absent any discussion with plaintiff, Donegal Mutual Insurance Company sent Plaintiff a check in the amount estimated for automobile repair by Starsinic Appraisal Services. 9. The estimate for damage repair by Starsinic Appraisal Se~/ices, Three Hundred Thirteen Dollars and Ninety-seven Cents ($313.97) was significantly lower than any of the three estimates which Plaintiff had obtained. 10. Plaintiff returned the check to Donegal Mutual Insurance Company, which was incorrectly written and contacted her insurance company, Commercial Union who then informed Plaintiff they were no lonqer representing her. 11. Plaintiff had been told by mechanics employed by the three sources from which she had obtained estimates. of the unsafe practice to do automobile repairs with used parts. 12. Donegal Mutual Insurance Company refused to provide plaintiff with any avenue for attempting to argue her position regarding the repair of her automobile. 13. Some time thereafter. Plaintiff received a second correctly written check from Donegal Mutual Insurance Company for the amount of the Starsinic estimate. 14. Plaintiff cashed Donegal Mutual Insurance Company's check and had the repairs to her automobile done by L. B. Smith, Inc., Ford Division, the middle estimate among the three (3) estimates , which Plaintiff had obtained in the amount of six Hundred Eighty- Eight Dollars and Forty-Seven Cents ($688.47). Plaintiff paid for the difference between the Starsinic and the L. B. Smith estimate which was Three Hundred Seventy-Four Dollars and Fifty Cents ($374.50) from her personal funds. (Please see Exhibit ~3 for the bill for repair of damages to Plaintiff's automobile by L. B. Smith, Inc., Ford Division). 15. Plaintiff was without the use of her automobile for three (3) days while the automobile was being repaired. plaintiff rented an automobile for those three days from L.B. smith. Inc., Ford Division in the amount of Eighty Dollars and Fifty-Two Cents ($80.52). (Please see Exhibit 114 for the bill for the automobile rental for three days from L.B. Smith, Inc.., Ford Division). 16. Donegal Mutual Insurance company only agreed to provide Plaintiff with reimbursement for one (1) day of automobile rental , or Thirty Eight Dollars and Ninety Cents ($38.90). Plaintiff paid the difference for the automobile rental in the amount of Forty-One Dollars and Sixty-TWO Cents ($41.62) from her personal funds. 17. Plaintiff attempted to obtain reimbursement for her automobile repairs and rental from Donegal Mutual Insurance Company without success. 18. Immediately fOllowing the automobile accident, plaintiff began to experience pain and discomfort in her neck with an accompanying headache. The degree of pain and discomfort on a scale of 1-10 was approximately an 8-9. 19. If Plaintiff participated in any physical activity requiring more than light or sedentary activity the pain and discomfort in her head increased dramatically. 20. Following the accident. Plaintiff was unable to drive an automobile and unable to sit straight and required support for her neck at all times. As a result, Plaintiff had to have someone drive her to work, doctors appointments. church and errands. 21. Plaintiff was unable to stand in one place or position for longer than a few minutes without becoming dizzy. 22. Due to problems with financial and job security. Plaintiff could not afford to be absent from work. Therefore. fOllowing the automobile accident Plaintiff suffered througr each work day despite the physical pain she had to endure. 23. Upon arriving home after enduring a day of employment with its accompanying pain, discomfort and severe headaches, Plaintiff would not be able to complete any of her personal needs and/or household chores. 24. Plaintiff was unable to tolerate standing and moving in the kitchen to enable her to prepare meals for herself and her husband. As a result. most meals purchased by Plaintiff followinq the accident were those already prepared, thus increasing the monies allocated for food purchases in Plaintiff's budget. 25. Plaintiff had to go up and down several flights of stairs to do her laundry. FOllowing the automobile accident. Plaintiff was unable to walk up and down stairs, let alone begin to consider carrying laundry on the stairs. 26. Plaintiff was unable to use the vacuum cleaner. iron, wash the floors, or perform any cleaning activities at all. 27. Plaintiff believed her pain and headaches were a natural result of the severe jOlt she had received in the automobile accident. She initially attempted to treat her pain and headaches , with over-the-counter medications, but her physical problems grew increasingly worse. 28. On October 16. 1995, plaintiff was examined and treated by her family physician, James Blacksmith. M.D. Dr. Blacksmith diagnosed Plaintiff with muscle and cervical strain and occipital and cervical contusions. Dr. Blacksmith prescribed conservative treatment. warm compresses everyone-half (1/2) hour and exercises. 29. Plaintiff applied warm compresses frequently and attempted to perform the recommended exercises upon returning home after work. 30. Plaintiff's dizziness. severe headaches and inability to perform activities of daily living continued without improvement. 31. On October 30, 1995, plaintiff returned to Dr. Blacksmith. Dr. Blacksmith prescribed all previous treatment to be continued. 32. During December, 1995, Plaintiff was gradually able to resume driving her automobile. Although the headaches and dizziness had subsided somewhat plaintiff now began to experience a "popping" or "snapping" in her neck every time she rotated and/or turned her head. especially to the left. 33. Plaintiff could not sleep with her head in certain positions, especially she could not lie with her head to her left side. 34. On July 28. 1996. Plaintiff returned to Dr. Blacksmith complaining of significant pain when using her left hand and/or turning her head to the left. Essentially, any activity which required Plaintiff to focus to the left or use her left hand caused pain, dizziness. headaches and a soreness at the base of her neck for several days thereafter. 35. Dr. Blacksmith would not certify that Plaintiff was fully recovered from her injuries which she suffered as a direct result of the automobile accident. Yet, his field of expertise did not enable him to diagnosis the symptoms which Plaintiff complained of. 36. Plaintiff continued with the conservative treatment which Dr. Blacksmith prescribed for her as she continued to attempt to cope with her continuous pain and headaches. She tried to adapt by avoiding thosp. physical positions and actions which would create , additional pain, dizziness and headaches. However, sometimes this was not possible. 37. In the latter part of 1997. Plaintiff again began experiencing an increase in her pain and headaches. 38. On December 3, 1997, Plaintiff was examined by Ronald W. Lippe, M.D., an orthopedic surgeon practicing with the Orthopedic Institute of Pennsylvania. 39. Dr. Lippe diagnosed Plaintiff with a past cervical strain which has now returned with increased neck pain. (Please see Exhibit ~6 for Dr. Lippe's medical records.) 40. At present, Plaintiff continues to suffer with neck pain. and headaches on a scale of 1-10 from 5-9. depending upon the activity which she engages in and the degree to which the activity focuses upon her left side. COUNT I NEGLIGENCB BY DBFENDANT, JOHN E. GESCHWINDT. JR. 41. paragraphs 1 through 40 of this Complaint are hereby incorporated by reference. 42. At the time of the collisJ.on. plaintiff was lawfully operating and in control of her vehicle. 43. The collision was caused by the negligent act of Defendant in that he failed to maintain control of his automobile at a safe distance and speed to avoid hitting plaintiff's automobile in the rear. 44. As a direct and proximate result of Defendant's negligence, plaintiff suffered a severe, violent backlash to her head, neck and back. causing her to sustain severe and multiple injuries to her head, neck and back. 45. As a direct and proximate result of Defendant's negligence, Plaintiff continues to suffer from severe headaches, pain in her left hand and arm area, pain in the left side of her neck and shoulder. and other possible unknown injuries. 46. As a direct and proximate result of Defendant's negligence, Plaintiff has been and continues to be prevented from being able to care for herself a~d her husband and her home and is not able to enjoy many of the activities which she and her husband participated in prior to the automobile accident. WHBREFORE, Plaintiff, ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgement in her favor against the Defendant, JOHN E. GESCHWINDT. JR. for damages in an amount exceeding $35,000.00, for damages past, present and future; medical expenses, pain and SUffering, psychological stress and trauma; attorneys' fees and costs; and for such further and additional relief as this Honorable Court deems just and proper under the circumstances. COUNT II. PAILURE OF DONNEGAL MUTUAL INSURANCE COMPANY TO APPROPRIATELY AND ADEQUATELY REIMBURSE PLAINTIFF ANNIE A. KROL-KNIGHT FOR DAMAGES 46. Paragraphs 1 through 45 are incorporated as if fully set forth herein. 47. As a direct and proximate result of Donnegal Mutual Insurance Company's failure to reimburse plaintiff for the damages to her automobile, plaintiff paid from her personal monies, the sum of $374.50 for her costs to have her automobile repaired in a safe and acceptable manner. 48. As a direct and proximate result of Donnegal Mutual I Insurance Company's failure to reimburse Plaintiff for the cost of the rental of an automobile during the entire time period her automobile was being repaired for damages from the automobile accident. Plaintiff paid from her personal monies, the sum of $41.62 to be able to rent an automobile while her automobile was being repaired. CBRTIPICATB OP SBRVICB I, Susan Kay Candiello, Esquire, of the law firm of Gates & Associates, P.C., hereby certify that I served a true and correct copy of the foregoing Second Amended Complainat, on this date, by first-class United States mail, to the following personsl Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 John E. Geschwindt, Jr. 24 Corvair Drive Dillsburg, PA 17019 GATES & ASSOCIATES, P.C. , ello. Esquire d, Suite 100 Lemoyne, PA 17043 Sup. Ct. I.D.n 64998 (717) 731-9600 Attorneys for plaintiff Annie A. Krol-Knight Dated: June 2, 1998 .. "'. !i ~ c... > t"'zn.... w 0 ~ >051Z ~ ~ > :t: ~. Z Z ..... tzlt-i C/l tsl ~t>1:t: ~ r.Il ~ t>1 .....:<ltsl t>1 . > It"' Ro :<l . c... V1>n ~ ,.. 0 G1 c:: ......ZO ,. tl:l t-i t>1 ::0<: ~ :IE :<l <..>t:lC:: c... 0 C/l :xl ...: '" ::<l ~ 0 t>1 n < 0 nt-i ." n 'tl ii 'Jl t"' 0 ~ r.Il ." t-i :<l t:I . 'tl I t-i C::O 0 n .... t>1 m .... ..... ::0<: ::<l C"lZ"l m 0 t"' HI Z III Z .... ....t-i '" t"l l/l Z .... m t:I ... ..... > <:...:n ~ ~ 0 C/l :x ::l t-i ::l G"l ~ t-t.. 0 ." .... 0- . ... :t: t:I t"''tl~ ~ Z III ... t-i > ::l c... HI ~ t>1 >>0 r.Il ::<l ... ::<l HI :x C"l Z . ...: . >t-i ;; "ll ~ z.... 'tl ~ . t:lo t"' t"l t>1z t>1 . t:I ~ P. LO ~. OJ -<... -ofl' '- i~ ,.:: (nr'~ :z: Z;J "'" ,'- I ~I (1J '; W ~ .. '-' ~;~ ':.: .." ~ ._n == ~~() ~ ..'~, u :-~j CO" ~ -. m vs. I IN THB COURT or COMMON PLEAS I CUMBBRLAND COUNTY, PENNSYLVANIA I I I NO. 97-5133 I CIVIL ACTION - LAW I JURY TRIAL DEMANDED I ANNIE A. ItROL-ltNIGHT, Plaintiff JOHN B. GBSCHWINDT, JR. Defendant ANSWER TO PRELIMINARY OBJECTIONS AND NOW, comes the Plaintiff, ANNIE A. KROL-KNIGHT, by and through her attorneys, Gates & Associates P.C.. and files the following Answer to preliminary Objections. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. plaintiff's Amended Complaint has the same caption 3S the Writ of Summons which the plaintiff filed on September 22, 1997. a true and correct copy of which is attached and marked as "Exhibit A". Defendant's Entry of Appearance filed with the court is the first document filed with the court which contains an altered caption. (Please see a true and correct copy of the Defendant's Entry of Appearance which is attached and marked as "Exhibit BU.) 5. Admitted in part and denied in part. plaintiff'S Amended Complaint. with respect to the caption. was filed only to correct the original mistake made by the Defendant in the caption on the documents filed by the Defendant, and the same mistake made by the Plaintiff when filing the original complaint. plaintiff'S return - to the caption under which the matter was originally filed is not an amendment or change from the original Writ of Summons filed. The words "but was seventeen years of age at the time of the incident complained of" are a deviat.ion from the original complaint and have been stricken from the second amended complaint filed. WHERBFORB, Plaintiff. ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgement in her favor and against the Defendant. JOHN E. GESCHWINDT, JR. for damages in an amount exceeding $35,000.00. for damages past, present and future; medical axpenses. pain and suffering. psychological stress and trauma; attorneys' fees and costs; and for such further and additional relief as this Honorable Court deems just and proper under the circumstances. Respectfully submitted, Gates & Associates. P.C. DATE: June 2, 1998 Susan Kay Cand ello, Esquire Supreme Co o. 64998 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 Attorney for Plaintiff ,j . "h..".', ,LAW OFFIC,ES ~'; ;;<11,' ~""", ,i'. . ';J .l~~ -!, \' ~)t-..i) __~''" ~.,,~:. ., >'J.\., .GATES& :ASSOCIATE. ,S, ~C. ;'.iM'.r~;:p.,; . .~ ' '.t tdt..,... '.. i' ,. ,.1.1117 _ . tOIJWUMMAAOAD,lUrTE tOO,lEMOYNIE,NHNan.VAHIA 11043 . ,.~,'1 ;\' '.j . . ~.' i ::'.Z. ~ t '" i/tw. ; . (:;; t,4!,'>:' ~~;,)'~t (. "{ _ ,1;,,* ,~.....,"t- . , '. -._.:..':::~~.. ." l' ''',," "'1';'.,.;\1"'. ANNIB A. MOL-KNIGHT, Plaintiff I IN THE COURT 01" COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I vs. CIVIL ACTION - LAW NO. C; 1- ~t I 33- CIVIL TERM JOHN B. GESCHWINDT, JR. Defendant PRAECIPE POR WRIT OP 9t~ONS To: prothonotary, Cumberland County Court of Common Pleas Please issue a writ of summons to the defendant in the above- captioned action at the following address: John E. Geschwin~t, Jr. 24 Corvair Drive Dillsburg, PA 17019 Respectfully submitted, ~ 110, Attorney I.D. # 4998 GATES & ASSOCI ES, P.C. 1013 Mumma Road, Suite 100 Lemoyne. PA 17043 (717) 731-9600 (Attorneys for Plaintiff) Dated: September 18, 1997 (") ~ 0 ~ ",, ..... U'I ~ ~11' ,." .\I;;ll C;'(" -a ~"ll N ~6 ,- . :.~ N ..:\g .~. ~~:n r.;c: ;::.. "..,C' -' ')0 -.... -1 - ?]'-\1 ;rt, 'P. #'.C" -. -' .,.. ~ ,,,,, ~ .;;- -. Exh.b)t Ilfi/.1 !j 7. ( CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff, Williams & Otto, hereby cenify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class msil, postage prepaid, addre.lsed as follows: Susan K. Candiello, Esquire Gates & Associates, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 MARTSON. DEARDORFF, WILLIAMS & OTIO ~~J~ () O{l/l;)/~ ia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 2,1998 ~ )' .. .. , .. .. ~.,". .... -: ... . . fZ ~~ -i (l-i > 7~~ ." > n~8 ~ ~ ~ . > ~ ... ~ r.; I' ~ ~ ~ ; 0 -Zc: Of ~ :;:' ~ 2 :::;0," ~ z ~ 0 ~ m 0 :"'I =1 M ~a~ r"n-l ~ :r:t~ Z f" jl> '" >00 :::; ~ - R' i~1 > (;) ~ 9~~ i. Q j - n ::! ~ :< ::J '" - o:!o ~ if ~ ~ " N , - 0 r- z. 3: ~ If' ~ - ~ ~ ... ,'\ :::: 2! , ,.,,::: '" ;;!:i ;:: ~ '" " '~i q z s:mo '" '. ~ ~~~ ... 0 ~ Cl > ; :j '" ~ ~ 0 ;Sr- ~ Ol~ Z <~ Vl >Vl ~~ " . :> \ .J - . . ,"' , " '. ) " ." , , , , " '. => I .', . . ... .. ~ f .1'i"~UAI.\tllt()tl"lc,"'II"1I 1:~-I'HIWc I 1..1~.,J 1'\]1 -,' Oil ~ I l'll'\t Itro'O('\i II' ~n ~~ II ,.. \1 ~\l ANNIE A. KROl.-KNIGlIT, PI~inliff IN TilE COURT OF COMMON PLEAS OF CUMBERl.AND COUNTY, PENNSYLVANIA v. NO. 97-5133 JOUN E. GESCUWINDT, Defendant CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT TO: ANNIE A. KROL-KNIGIIT, PI~intill., and her ~ttomey, SUSAN K. CANDlELLO, ESQUIRE YOU ARE UEREBY NOTIFIED TO FIl.E A WRITIEN RESPONSE TO TUE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MA Y BE ENTERED AGAINST YOU. AND NOW. comes Defend~nl. John E. Gesehwindl, and prays Your Honorable Court to strike Plaintiffs Amended Compl~int tilr f~i1ure 10 comply with the law and the rules of procedure. and, in support thereof, the following is averred: I. Plaintiff tiled her Complaint on March 18, 1998, a true and correct copy of which is attached and marked as Exhibil "A." 2. Defendant filed an Answer to said Complainl on March 23, 1998. a true and correct of which is attached hereto and marked as Exhibit "B." 3. On May 14, 1998. Plaintill. tiled an Amended Complaint. a true and correct copy of which is attached hereto and marked as Exhibit "C" 4. Plaintiff's Amended Complaint is identical in all respects to the original Complaint, except that lhe name and description of the Defendant has been changed. 5. Plaintiffs Amended Complaint has been filed wilhoutleave of Court or consent of the Defendant. WHEREFORE, Defendant, John E. Gesc.hwindt. prays that Your Honorable Court strike Plaintiffs Amended Complaint. Dated: May 26. 1998 Respectfully submitted, MARTSON. DEARDORFF. WILLIAMS & OTIO ~ J1 BY~omas t"" lliams, Esquire Ten Eastlligh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant '~ -~ ....~ , Exhibit A .. 4 4 . . . ANNIB A. DOL-DlIGH'l', Plaintiff VI, I IN THB COUR'l' OP COMMON PLEAS I or CUMBBllLAND COtlN'l'Y, I PBNNSYLVANIA I I I I I NO. 97-5133 CIVIL ACTION - LAW JURY TRIAL DEHAND!3D JOHN B. GBSCHWIND'l', Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the follDwing pages. you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintifl: You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IP YOU DO HOT HAVE A LAWYER OR CANNOT APPORD ONE, GO TO OR TELEPHONE THE OPPICE SBT FORTH BELOW TO FIND OUT WHERE YOU CAN GET LBGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBERI (717) 249-3166 e ~ ~ ttiffi :It ~~;;g :r-- ;:a ~~ CD '~i -0 ~ ~8 :x 2 ~ ~ ~ .,. ~ 'D . oj ANNIB A. nOL -mIGHT, I IN THB COURT 01' COMMON PLBAS Plaintiff I 01' CUMBERLAND COUN'l'Y, I PBNNSYLVANIA VB. I I JOHN B. GBSCHWINDT, I NO. 97-5133 Defendant I CIVIL ACTION . LAW I JURY TRIAL DEMANDBD COMPLAINT AND NOW, comes the plaintiff, ANNIE A. KROL-KNIGHT, by and through her attorneys, Gates' Associates, P.C., and respectfully represents as follows: 1. Plaintiff Annie A. KrOl-Knight (hereinafter referred to as "plaintiff"), is an adult individual residing at 2 Rich1and Lane, Apartment 208, Camp Hill, cUmberland county, pennsylvania, 17011. 2. Defendant, John E. Geschwindt (hereinafter referred to as "Defendant"), is an adult individual residing at 24 Corvair Drive, Dillsburg, York County, Pennsylvania, 17019. 3. On or about September 22, 1995, at approximately 3:00 p.m., Defendant drove his automobile into the rear of the 1987 Plymouth Horizon Turismo, owned by Plaintiff. 4. The automobile accident occurred on Route 11/15 at the camp Hill By-pass just before 21st Street. Plaintiff was headed in the direction of the camp Hill Borough when she began to slow down for the traffic light; Defendant hit the back of Plaintiff's automobile. 5. Plaintiff immediately contacted her insurance company, Commercial Union. . . 6. Plaintiff proceeded to work with Commercial Union regarding her automobile damage (Please see attached Exhibit #1 for a statement of the damages to Plaintiff's automobile and three (3) estimates to repair the damage to Plaintiff's automobile.) and her medical injuries. 7. Donegal Mutual Insurance Company, the insurance company representing Defendant, obtained an estimate, from a company of their Choosing, Starsinic Appraisal Services (Please see attached Exhibit #2 for a statement of the estimate to repair the damages.) who advocated using used parts for the automobile repairs. 8. Absent any discussion wi th Plaintiff, Donegal Mutual Insurance Company sent Plaintiff a check in the amount estimated for automobile repair by Starsinic Appraisal Services. 9. The estimate for ,damage repair by Starsinic Appraisal services, Three Hundred Thirteen Dollars and Ninety-seven Cents ($313.97) was significantly lower than any of the three estimates which Plaintiff had obtained. 10. Plaintiff returned the check to Donegal Mutual Insurance Company, which was incorrectly written and contacted her insurance company, COmmercial Union who then informed Plaintiff they were no longer representing her. 11. Plaintiff had been told by mechanics employed by the three sources from which she had obtained estimates, of the unsafe practice to do automobile repairs with used parts. 12. Donegal Mutual Insurance Company refused to provide Plaintiff with anl' avenue for attempting to argue her position regarding the repair of her automobile. . 13. Some time thereafter, Plaintiff received a second correctly written check from Donegal Mutual Insurance Company for the amount of the Starsinic estimate. 14. Plaintiff cashed Donegal Mutual Insurance company's check and had the repairs to her automobile done by L. B. Smith, Inc., Ford Division, the middle estimate among the three (3) estimates which Plaintiff had obtained in the amount of Six Hundred Eighty- Eight Dollars and Forty-Seven Cents ($688.47). Plaintiff paid for the difference between the Starsinic and the L. a. Smith estimate which was Three Hundred seventy-Four Dollars and Fifty Cents ($374.50) from her personal funds. (Please see Exhibit #3 for the bill for repair of damages to Plaintiff's automobile by L. a. Smith, Inc., Ford Division). 15. Plaintiff was without the use of her automobile for three (3) days while the automobile was being repaired. Plaintiff rented an automobile for those three days from L.B. Smith, Inc., Ford Division in the amount of Eighty Dollars and Fifty-Two Cents ($80.52). (Please see Exhibit #4 for the bill for the automobile rental for three days from L.a. Smith, Inc.., Ford Division). 16. Donegal Mutual Insurance Company only agreed to provide Plaintiff with reimbursement for one (1) day of automobile rental or Thirty Eight Dollars and Ninety Cents ($38.90). Plaintiff paid the difference for the automobile rental in the amount of Forty-One Dollars and Sixty-Two Cents ($41.62) from her personal funds. 17. Plaintiff attempted to obtain reimbursement for her automobile repairs and rental from Donegal Mutual Insurance company without success. 18. Immediately following the automobile accident, plaintiff began to experience pain and discomfort in her neck with an accompanying headache. The degree of pain and discomfort on a scale of 1-10 was approximately an 8-9. 19. If Plaintiff participated in any physical activity requiring more than light or sedentary activity the pain and discomfort in her head increased dramatically. 20. FOllowing the accident, Plaintiff was unable to drive an automobile and unable to sit straight and required support for her neck at all times. As a result, Plaintiff had to have someone drive her to work, doctors appointments, church and errands. 21. Plaintiff was unable to stand in one place or position for longer than a few minutes without becoming dizzy. 22. Due to problem~ with financial and jOb security, Plaintiff could not afford to be absent from work. Therefore, following the automobile accident Plaintiff suffered through each work day despite the physical pain she had to endure. 23. upon arriving home after enduring a day of employment with its accompanying pain, discomfort and severe headaches, Plaintiff would not be able to complete any of her personal needs and/or household chores. 24. Plaintiff was unable to tolerate standing and moving in the kitchen to enable her to prepare meals for herself and her husband. As a result, most meals purchased by plaintiff following the accident were those already prepared, thus increasing the monies allocated for food purchases in Plaintiff's budget. 25. Plaintiff had to go up and down several flights of stairs to do her laundry. FOllowing the automobile accident, Plaintiff was unable to walk up and down stairs, let alone begin to consider carrying laundry on the stairs. 26. Plaintiff was unable to use the vacuum cleaner, iron, wash the floors, or perform any Cleaning activities at all. 27. Plaintiff believed her pain and headaches were a natural result of the severe jolt she had received in the automobile accident. She initially attempted to treat her pain and headaches with over-the-counter medications, but her physical problems grew increasingly worse. 28. On October 16, 1995, Plaintiff was examined and treated by her family physician, James Blacksmith, M.D. Dr. Blacksmith diagnosed Plaintiff with mu~cle and cervical strain and occipital and cervical contusions. Dr. Blacksmith prescribed conservative treatment, warm compresses every one-half (1/2) hour and exercises. 29. Plaintiff applied warm compresses frequently and attempted to perform the recommended exercises upon returninq home after work. 30. Plaintiff'S dizziness, severe headaches and inability to perform activities of daily living continued without improvement. 31. On October 30, 1995, plaintiff returned to Dr. Blacksmith. Dr. Blacksmith prescribed all previous treatment to be continued. 32. During December, 1995, Plaintiff was gradually able to resume driving her automobile. Althouqh the headaches and dizziness had subsided somewhat plaintiff now began to experience Pi .. a "popping" or "snapping" in her neck every time she rotated and/or turned her head, especially to the left. 33. Plaintiff could not sleep with her head in certain positions, especially she could not lie with her head to her left side. 34. On July 28, 1996, Plaintiff returned to Dr. Blacksmith complaining of significant pain when using her left hand and/or turning her head to the left. Essentially, any activity which required Plaintiff to focus to the left or use her left hand caused pain, dizziness, headaches and a soreness at the base of her neck for several days thereafter. 35. Dr. Blacksmith would not certify that plaintiff was fully recovered from her injuries which she suffered as a direct result of the automobile accident., Yet, his field of expertise did not enable him to diagnosis the symptoms which Plaintiff complained of. 36. Plaintiff continued with the conservative treatment which Dr. Blacksmith prescribed for her as she continued to attempt to cope with her continuous pain and headaches. She tried to adapt by avoiding those physical pusitions and actions which would create additional pain, dizziness and headaches. However, sometimes this was not possible. 37. In the latter part of 1997, Plaintiff again began experiencing an increase in her pain and headaches. 38. On December 3, 1997, Plaintiff was examined by Ronald W. Lippe, M.D., an orthopedic surgeon practicing with the Orthopedic Institute of Pennsylvania. 39. Dr. Lippe diagnosed Plaintiff with a past cervical strain which has now returned with increased neck pain. (Please see Exhioit #6 for Dr. Lippe'S medical records.) 40. At present, Plaintiff continues to suffer with neck pain, and headaches on a scale of 1-10 from 5-9, depending upon the activity which she engages in and the degree to which the activity focuses upon her left side. COUNT I NEGLIGENCB BY DEFENDANT, JOHN B. GESCHWINDT, JR, 41. Paragraphs 1 through 40 of this Complaint are hereby incorporated by reference. 42. At the time of the collision, Plaintiff was lawfully operating and in control of her vehicle. 43. The collision "(as caused by the negligent act of Defendant in that he failed to maintain control of his automobile at a safe distance and speed to avoid hitting plaintiff'S automobile in the rear. 44. As a direct and proximate result of Defendant's negligence, Plaintiff suffered a severe, violent backlash to her head, neck and back, causing her to sustain severe and multiple injuries to her head, neck and back. 45. As a direct and proximate result of Defendant'S negligence, Plaintiff continues to suffer from severe headaches, pain in her left hand and arm area, pain in the left side of her neck and shoulder, and other possible unknown injuries. 46. As a direct' and proximate result of Defendant's negligence, Plaintiff has been and continues to be prevented from being able to care for herself and her husband and her home and is not able to enjoy many of the activities which she and her husband participated in prior to the automobile accident. WHEREFORE, Plaintiff, ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgement in her favor against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount exceeding $35,000.00, for damages past, present and futurel medical expenses, pain and suffering, psychological stress and trauma; attorneys' fees and costs; and for such further and additional relief as this Honorable Court deems just and proper under the circumstances. COUNT II. FAILURB OF DONNBGAL MUTUAL INSURANCB COMPANY TO APPROPRIATELY AND ADEQUATELY REIMBURSE PLAINTIFF ANNIE A. DOL-KNIGHT FOR DAMAGES 46. paragraphs 1 through 45 are incorporated as if fully set forth herein. 47. As a direct and proximate result of Donnegal Mutual Insurance company's failure to reimburse Plaintiff for the damages to her automobile, Plaintiff paid from her personal monies, the sum of $374.50 for her costs to have her automobile repaired in a safe and acceptable manner. 48. As a direct and proximate result of Oonnegal Mutual Insurance Company's failure to reimburse Plaintiff for the cost of the rental of an automobile during the entire time period her automobile was being repaired for damages from the automobile accident, Plaintiff paid from her personal monies, the sum of $41.62 to be able to rent an automobile while her automobile was being repaired. WHERBFORB, Plaintiff, ANNIE A. KROL"KNIGHT respectfully requests this Honorable COurt to enter judgement in her favor and against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount exceeding $35,000.00, for damages past. present and future; medical expenses, pain and suffering, psychological stress and trauma; attorneys I fees and costs; and for such further and additional relief as this Honorable Court deems just and proper under the circumstances. RespectfUlly submitted, Gates & Associates, P.C. DATE: March 16, 1998 Susan Kay Candi lo, Esquire Supreme Cour~ No. 64998 1013 Mumma Drlv , Suite 100 Lemoyne, PA 17043 (717) 731-9600 Attorney for Plaintiff . CBRTIrICATB or SIRVICB \ I, Susan Kay Candiello, Esquire, of the law firm of Gates' Associates, P.C., hereby certify that I served a true and correct copy of the foregoing complaint by first-Class United States mail, to the following counsel of record: Thomas J. Williams, Esquire Martson, Deardorff, Williams' Otto Ten East High Street carlisle, PA 17013 Attorney for Defendant John E. Geschwindt, Jr. ~ . Dated: March 18, 1998 GATES' ASSOCIATES, P.C. iello, Esquire o d, Suite 100 Lemoyne, PA 17043 Sup. Ct. I.D. # 64998 (717) 731-9600 VERIFICATION I, ANNIE A. KROL-KNIGHT, verify that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint is that of my counsel and not mine. I have read the complaint and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa, C.S. section 4904 relating to unsworn falsification to authorities for any false statements that I have made in the foregoing Complaint. DATE: :-larch 16, 1998 , jA1w.! * Itt d ~lJ- ANNIE A. KROL-KNIG o " ~ C' DIe. -.' I' 1160 L . B . SMITH JQRD, 12th. . Market Streets Lemoyne, PA 17043 (717) 761-6700 Pax: (717) 761-3951 V1sible Damage Quotat1on #1160 by JOHN CAREY on 09-26-95 ANNIE KROL-KNIGHT 2 RICHLANO LN Style : APT 208 L1c. Plate: VNKl17 CAMP HILL. PA 178011 Paint Code: PhOfle: Prod. Date: 87 CHRYSLER CHARGER/TURIS/oKl/a-tNI/HOProf1le : STANDARD VIN: IP3BM44CXHD575879 Deductible: 0.00 Mileage: 49539 Qltions: Insurer : Adjuster : Aooraiser: C1aimant : Insured : Pol1cy # : Claim # : I Labor 00 Dueriptioll 1 OYiiilVL 1111 COYII ASSY 3 IIPLACI 1111 BOWPII COYII 1 IIPLACI 1111 BOWPII IIIIPOICINIIT . UPLACI I WI BOWPBl IIIPlCT USOUBI 5 IIPLACI L 1111 BOWPBl IIIPACT USOUBI , \llL om CLIlI COAT 7 ADL OPII IIlSI fOl OYllSPlAY I lDL COST nWDOVS IlSTI DISPOSAL , ludgeleat Itel .riee Labar .aint tJhor CrDQn 'riee Graua 1.00 1.1 0,0 laDY 134.00 IIC 1.1 m UO.OO IIC 0.0 IIV 17.50 0.1 0,0 laDY UV 17.50 0.3 0,0 laDY IIV 0.00 1.7 0,0 IIPIIlS! , 1.00 0.3' 0,0 IIPIIIS! 3.00' 0,0 0.0 SlJIIIIilrv 10DY I." 30,00 57.00T 1IP111S! U' 10.00 IUOT Tued Labor 1U. 00 TI ,",Oot 1.16 PAlIT IIATllI1LS 37.50T m tn.OOT nlllMUS IlSn 2,OOT Tiled COlts 3UO Tued Puts tn.OO TI toon 3.17 TI toOOI U.ll Labor I 4.7 br.l 141.00 Add'l Co.t./laterial. lUO Pllta HUO TII lU7 Grand Total 688.47 car rental 23.60 per day ~II UClLL IUXBU: 0'.35"5 15:15:50 ,I.tillu PIal 11 I tndiurt of Iltchel1 laterutioul Copyright 1"1-1"5 111 lIght. le.erred c- . "'11 ':.tJI, ~.....~.;.;... u~lIli:1ge(.:';Sllll1ale . - ' .. . . ~ .I~IUI~ , . ,;' DATE . 9 I' I I " _ (0\. _ - \\.. $", t .~ ~" ~ ~ -...1S:L ~ \..-\" UOllIL 1\, ...:J.. ....Jc/L __~ \:), :'(.\r,.~ · ~_ . \~~) - uaNIII NO.~ ~'t()\l (') ........ /Y9f1/9 \ '~ . \t,,- '. ::~9~~ :~y(l. ~-::j"879 em t~ ~., '\' \.$ rrm l1I' ",0" ...- .._ Z1?6,f~~ UllI lIE. III- DITAILI 01' RIPAlR IWITIINDEll MINT , R.RapIlr S . StrWghlon A . A/lonnartm N._ P! PARTS LABOR MATERIALS IU8LfT IIIISC. III. 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II SUPPLllllllt'S IIOIIOBID mill wplCftD DO &II'fIDIUID 81 lPPUISD. ma 11m U lIlJ1IoaulJIOUD 001 mAW OIACClPTlICI fA lPPRlISD J4./A, I/. ~....~ 1Il1';~tI/&1../.z. f'''': ;1. LICDBIt-' !; g~~V' m . ~ ..: .';iJ",_ .. '~- , ..,,~'~ " . .".'" .'..... ... , ....... '. " ~......\..JI': 01" IV ;:~:W~//"/~~/~ onD 'v,...... /oA'~r;J; ,.. , U"',:', '. tt..4.. ',I ...~.. . ,,:,~.' ........ -.. '\-;~ "ir,\lll._ Ulfl; "'I ~. "',~. - In<.', r _, ' ~'I ,.:" ;JII~I," ".T...,...--- 'ton YO'mi'''l'I:fmo :;lWl'IU1.Ill Dlft' ,...:..i;,,:.:-.. ...;:r" . ".' .. - - ........ J! t1u'n:-!!u:t:.~J':lh:.':', '!-i'~'-l', ~:'~"~~''''''f1r,:;''';,,,..!' .'; ':'.~-~.. :."t: ;..r'" .... ..r" . ..- '_I.,"..ft\~'r.~.' h'.' ..... r '.. ,.... " 'c;,' . 'iI; .P~-':'"' Ir'.'''~:fl' root\" ........~'li?:~ ~i.~ 'itl. i"~'J 1 ~ 1 ] 'j I ~ -: 1,1 Ul · ~3:1 ~'b.;. '.. "1..1.. . I 1...."" if, . _"Q~ .t........ H'_ ul...l'l,J........."J-:--4 .,.J..,;, .;..irt!::..... ,~~I L; .. .... Ii' ... . ';. '':' :.!!\1 !,..;;-_,tV . .;... 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HOME': (117') '3-':8803--- __n.____ , 0 -, " "-:0-- -. ---- _: , , - - .-:: ...-.::-~.--7'-:-.:...- --'--r--' . - . . ,. -. -' -... .... _.. . . . -.' -. . - -.- - - - - .--::.:.;.:-;-.;:;;=-:;-.-;::.;;=;.:-: - -.;.:;;----~~~; ~=_":'"~-w--. - ---J.~.-==-7:- -.- -::;.~ :.~==.: .'+':-~';' - - -- .LN REAR END REPAIR:'" ; 1:: TECH 131'L B,HRS, 2,2 S ~66.00 :51 REAR BUMPE~ ... __,_,,-,-,-,-_~:,",-~; TECH .12:5.LAB);R~ 2,~. S. : 7:5.00 . "_ I'!' TR~O " -,., ,'jil ER, RANDY A -.:.. '~,::-~.:u:~__.__:'_:_', _ _. .: ~: __ .....L-:.... HOOVER, RANDY A . t I OP-REP. R I' . ~ VEN' PART NUMBER ,.-OESt'RrPTIOU-7~;;;Jb:_~01'E- 'tlY--: PRICE"'-EXTENDE 010 .~216312COVER__. H**H*It"'H**.....*, " lB/134.00 134.00 010 4103322REINI; __,.,.__. ~*.*~_lI~*.lI_*..!.*lI_*_H.*~**jI.. _lB :",!~O.OO 160.00 010 :520:516:5ISOL *******..************ ,'.: 2B 87.:50 .17:5.00 _ .' PARTS AMOUNT . ..._ __. ~ : I ' . . _'~:'~~_._. . 469.00 LAB AMOUNT I .' :.. I' 141.00 ,:..:.. .. -:LlilE...!.9T"-L=-":..~DE~'t~~~:-:-:-.i:J~S.,,..c:...' '="-=-;";'~.~--' - ".6+0.00 -------------------.----------------------------------------------------- ., . ,~,~.. '1~.. ...... '." ,~' .~:.-. :"....1 ,.. '...-1.-..........'.. .,", ..~. "'6'''.00 .. .. .,. ." ... -." .... PART,s" ~. ,~,~" .' -' .. .. ;': ':-- .. :'.,;~' ~'.:,: '.i::: ,i''''''''',''''SUPPLIES'': 1,T;.'r"i'5' '1'. . . ;: 12.00 ,~ : ,,:"'Y:". ~;~':::":,~BOD'l.:'silopJ.tJ.i'~.2:': ....,;".'.21.:50 LAB-BODY SHOP 141.00 .,.. SUB-TOTAL _:, 649.:50 TAX " . 38.91 . _.TOTAL::C.H"RGES.. 6e8. 47 '.. . ;-,,;.:~ .,,'.,'.:"CASHi-t)l1l:- "].~~.:: -'-"-. 688.47 LASOR RATE 30.00")IR-"-'--- .-.-- . '';'' '" -- --... . .. . "'_" ...__,_...._~__ ..1-_.. - . ATTENTION------~------------------~----~~~~~~------7--------------------- OTHER REPAIR ORDERS ON THIS VEHICLE:'!''':,::, ': . ME .' . . --. :=-~~7.--;--- - - PAGE 1 OF 2 .... >>...r. r,..t-. ~ I; 1 .::;-'-T- :-,,~:.- f,' ,.w... '1:' t ,....."'. : (--- .. .. -.--..-...-----. ... UH nn ,;... , i!D n~ . ON.... _ IIMllClNO IV 'uCII CUSTOMER ---------- ----------- --' ;.,.-.- ----- I-....~- --~__: ..t:_/..~ . ..; .. ( ilL Ii l UL 4r .' ... '11 C. F.r , o ( t .; l ( I IU nr. '"':'1 (] ( uua ! np, ( ( ( ( UUU nnr. ( ( ( ( UUU nnn ( f. ( UUU n~~ ( ( m H~ I c nIVC". I "';".: ~~.5,~i~~~ l_~-~~-r~I!I~J;~ ~. r 1 .1 I ,..:.~t.':';'~i...';~',~. 1'2TH &MAARET-STREETS. ' I - . . " ..;.. .f"Jf :(71~. 7!1~r~ I'S~,l:J'~.':~~9;'~~:1 ~~~~~I~~ ~ ~ ~ . : "" "'~ ;1I11~Mt:S SSOlUl1 'CUll. OlCJI1Q08 ~ 110 ,__,._-" ; ',' .. " ,- --- --.-----IACl<NQWlB)QERECElPTOI' _.. ....__. __...:.!. .__.__~_rilE PARTSANll.LA80R . ALL PARTS AflE NEW UNLa8 NOTED OTHERWISE. USlEIlIlELOW :.;: I X , I I \ ,. .' ."., .: > : I KROL-.~\f.IG!JJ:._Atil.fI.E " ..1._.., ..., -=..i~RQ:..s~J28:!. 2 RICHLAND LtI ....J ._..~ ---. ':l".;'~~-' ',' ~79 I' APT 20El _...!--t -1- ':~, .1., .,.:1 " JPR.J!.l;l,K'--'; CAMP HILL : I . '... PA'1701l, -'j t~!O~q T..:.,.:...o..,3.1.2.B.I.9.6..r.'.13..:.17..:3. ~~;~-:.g;;~f~-~~.ci;.:~~-=~i;~'-:.i';.;~.~~i~f:f.:-~:,\S~ ~~. ' ~::. '-T -':--.t 02l29'(94L_..~1..2~~_.s,~_1l.3~;'!B/241Pl. -- _:..,_I:J ':lit::.'__,,",,--_ 03/19196 ;:521:53; C - 03/28/96(PI.."f ",. i ,:t": I~ 1 . ________________________________________1________________________________ IF you':.IlAvE'AtlYQUESTIOHS-.PCE-A'SE SEE MAR.SHALL N BtlGLAtlO:':':-'- .-- L. B SMITH'F(jRri~''THE-HOUSE THAT' .BS-R- C -uILj.l'- i-:..l~~~~~:i\ --~- ME I. I If,;:". I '. : ~\~ PAGE 2 OF 2. :,'__ ,-~::.:...j~~~-.i~'--~;~,' ~i , '-~.,.':-'.: "-~~~'~'\"'-)'-"-'--': , _..~..;.,':r. i t-;.- ..." . ''''G:' ,- -J~a .- . I I : I I '--;:'-;~;~'~':I- -r1J.I~' :,-7-=-1 .'c~~-:i---!-;-_::-.-;;'--' _" _ ._._ ~.'____'_. _._.00 ~:;I'i'.:'" :.;~. -:'clr",qj~.fi"~"', - ..~. .~ -.. . ~, .. 1 - "~,=, - ......:-----1 .-. ..!:"...... , .; . I I r. --" , I. u~ "' .' ". '.._-- _... ._---~:..-. ...., .. 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J.. :.~. '. , --T'C':'i';;77" ,'...: '.:_~dr;. 11..:."::"1 'L." - 1; .' ": .~.. ".:' '044 :,.;;.J 1'-" . ' .. .. I . .., H ftr . ...lMWMC....."'C1HQIIY luc1i CUSTOMER - _.. ___. _'_ 'W'_ _.. ._'__ __.-.-.__ ______________________ , exhibit #~ Exhibit ::#5 HAN8: Kt. bl-tlll illlf I A1tA.Je... A r:.18 ", " HBIGHT: ~ _ ,.. TBMPI!RATURB: q (;,.5" f'C' TODAY'S DATl!: /'O-'/6-f'~'- 41=- WBIGHT: 0 BLOOD PRESSURB: I,i),i tfo . COMPLAJNT~: . .../.:JUMaftr ~U4.iA- OX I:JllQj; I~ Arl.ad 5wd-tU~ i /1\1. c.L. VJ.. ..u../J-.u '1"'.I,p tn"clt..wr.tJ-LI ~ ~ 1U.l.Lk- 'C1aeJ.t~ f;]<..' /If(l.L''' /)(ltttU'^-; (IO'II-4"'") ~',~ J JJ]~A1!1:.?;t.0t!:3~~g ~ 1tLK-U-:V~~f. e b;;eJL fJt:UJLJ, ;oa ..., ~hLtitll/1uJr.V l/1--- aacl(J ~ J:tM //JlLe~- -,w) ~ ~ a--- ,u. t~~- H.. If I~ IJ.~ Mfo,.~ 1;" t!/L- &uJ' S; . - t'1 ~ i~ - I'k 41. '1'r ~ ~"~ TJ,.,L ;:: ~ (i) rw T ~i::.. ,t'l1 c / _ 'I ; sc.:y ~ ~ tI. #:# JJo M4vJr- ~/-- ~ -b d.. q(L ~ A ,) &u~ ~ Io-JIJ'--- AL/~,...d JJ 5'w 5~ ~;r~ I~~ u-I~ ,;-l,-i. P~l II t~~a4M. - J'u",4 - ~ ~"'11 J' .II Ih-t A-J: . I }J~_~.-~-)...ti:- .. . ~/(0'd 01~ (SL LtL I Hl. IWSXltrll ~ r/..,V Z~:0t L66t-St-d3S _ .... .~~. ............ ~~::lIIlll" .r COMMUNITY FAMILY MEDICINE CENTER __fiv,;<t- J<....,I-k.~t>~.f- : DuC: ':, ' . :'Tbi~,~I:;'~~~'~~ ~~t~~-''':'~'.~';~'-;~~j~~,'', Pr'6iftsiitNott....,..;""..;.'~....'" - .,.,....... ..,.. ,,"::". <.1" ""'..' ,,' >.' 1'" /. "AiV;'d-.!ii-i. "';~"'~('-A L/J' I " IUf J _~n/'... I_.<A' ' + _-~'}c.. ~-J" /~W. . . Idu ,~, , kJ. i', .. ...h;J. w..", -- ~JI. 'h,h~ J.l...:. .Aur+ J.<.......l.Jl J r. l~tI ~ ~''Ay I t>0.11 .t, '" ,qf; ft / AI) MJ.LJ_ A. / ~.JJ- . IfdJ!f;e 7ZJ ,~'JJ., A C. j, U'..J ;:;,: ~~ . , 7:. ..~ Rt>. U I1L ~IA' ~ ~j/.(I- "t.. ,11 - T .---. ( L. -::> -- "7 -- - - -- ~ , , ".......c.TMt'I'N..... -- . . .. " , OR...OPEDIC INSTITUTE OF PENNS\_JANIA (717) 761-5530 latient I Annie A. Krol Knight lOB I 01/25/56 SSN: 122 50 4424 Chart I: 09824212 Page I 6 ...---.-------------------------------------------------..--------------------- 12/03/1'" ROKlLD W. LIPPB KD LBII1IL 'I'BIIBB Trindl. aoad Office CHIBr COMPLAINT, Annie'a a very nice 39-year.old woman who'a been having difficulty witb her neck off and on aince a motor vehicle accident approximately two 1'8ua ago. HISTOay or COMPLAINT. Sbe appuently was atruck from behind and had a great deal of pain in bar necJc. She originally aougbt care from her family phy&ician and auhaequent:ly aaw improvement in her neck. Unfortunately, racantly, the pain returned. The pain ia in the posterior aspect of her neck witb rad1ationa to the occiput. It's worae with atrsDuoua activities, .apacially riding on amusement rides. She feela better if she puts heat on it and do.a her exercbes. She denies any pain down ber upper extremity. Ih. atataa ahe baa been able to work and Bit at her CRT. aBVIBW OF SYSTEMS. The patient's review of aystema, past medical history, family hiatory and aocial history bavs been re-evaluated and reviewed. PHYSICAL IXAM. On IIX&III:ination today ahs's a tlUn healthy appearing woman in no acuta diatreaa. She baa a aatiafactory range of motion of her cervical &pin.. N.urologically ahe's intact in her upper and lower extremities. She baa no long tract aigne. Her distal pulses are atroDg. Her gait is normal. DIAGIlOSIS. It appears to me that Annie,had a cervical atrain which initially improved but now baa 1'eturned with neck pain. . PLlIIl. We discussed the importance of aerobic conditioning, avoidance of offending activiti.s and participating in the appropriate exercise program. I told her it her aympt01ll8 do not improve, to bring it to my attention. aWL/ram " Ire'd "1:llO.l f'- .-.. - -.. COMM1JNlJY FAMILY MEDICINE CINTEIl w- ~1d=- , 'i , .... '"'. ~..... i ".!'~.. . ....__/IN'''''f' , . .. ;',~;' ;....,:;.;::...l::'S;i............;.;;,;;j'..~N_~k........ ., ., .- ,,"c. .,' . '.:. . t ~.~~~." ~.I.W; "~~7;-"'."..... ~. ~ ~'A A ~ , 1Ci-J' . " ISV,~. 'fuLJ....AI. L - ~ "!1bJ.I' Ill,kJ rr1 ,ljqJI". /l...L ,,, - 11'((, tv _?,;; f-J', ,6A.I ~ ....JJ. 11. J!.t!l I , ~ 1'N:l~ ' (~fU..J ~aL Ill... MJ.. 'I I (jJ A'~ ~ Au, ... _ J-. i .' I' ~ ' . ... JL(l "',.,* /!i!!-I<9W ~ . ',uk,.JA. .~_ t " Alk - ~ ~ ~. . . k(... ttIo>n ~ A . ...:i:d!:t... ~ : ~ /'JJJL 1J("a - 64 -~ <d. ).... A " . ..I-. "o/l,.(. n..J.. ~"".1 4!P-C.- L~,. lot IN> JId u.lf... I. '.t.u! ~~ ~J /b~,).W ".101. i .' . ~~I i . , '. , I. *1 ~;'..L AI.. . ~ ho,,~r (fI:I' ^~'//.f"'L ~g; Jl. lA V , .M... ..... ~ -~- n ... ... IV, " ""- . ""'" ~J_ _ ' I ff . ::Jd: 1/ A J IJtIt.l ./Ib",L./ ~iI- 3lt.-~. .."-~.. ,It.4"/....;il-- ~ ~- . f'lf$\ Ifl1$ k\"'. ",...t. JA ~ ^ .1AAd )<' 1 - , ._.....1.. la..\&~I.....7.-I\/\. AAr'\ .. . 1 I I '\ '-"" ..'_. I..... I re I f-e I'IlANt'Al ~ ....: I Exhibit B ~ o o 'cIl1Ul\DATNlUIDOtfIQAL.OQC.IJl-ANll,* o.....e IWJlmOJ:,.:lIrN ~QlIJlMIIlN~U'''' ANNIE A. KROL-KNIOHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 97-5133 JOHN E. OESCHWINDT, Defendant CIVIL ACTION . LAW ANSWER AND NOW, comes Defendant, 10hn E. Geschwindt, by and through his attorneys, MARTSON, DEARDORFF, WILLIAMS & OTIO, and denies generally the allegations in Plaintill's Complaint in accordance with Pa. R.C,P, ~I029(e). It is specifically denied that Defendant was the operator of any motor vehicle involved in the collision described in Plaintiff's Complaint; on the contrary, although Defendant admits to being the owner of the vehicle in question, Defendant believes and therefore avers, that his vehicle was being operated at the time of the collision by 10hn Karl Ocschwindt WHEREFORE, Defendant, 10hn E. Geschwindl, demands judgment in his favor. MARTSON, DEARDORFF, WILLIAMS & OTIO . ~"'- '} tv.Q1,..-- By Thomas 1. Williams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 23, 1998 Attorneys for Defendant ~ \D 1ft CD j~ :It ~ - ;u il N to) r;:c > ~;n ::I: ~~ \D .. ~ ~ C.1'I 0'1 VERIFICATION The foregoing Answer is based upon infonnation which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own, I have read the document and to the extent that it is based upon infonnation which I have given to my counsel, it is true and correct to the best of my knowledge, infonnation and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification ue made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly faIse avennents, I may be subject to criminal penalties. ~ E?./ .;r /' John E. Geschwindt " , ,.........~~ ' ". '. .'1 ~t '. .1 . . ~. r...-,-t.. .... . _ ',"'\"": .. , '. .j._ ".' '. ."'" I' ANNIS A. MOL, JtNIGHT, Plaintiff VB. I IN THS COURT or COMMON PLBAS I or CUMBERLAND COUNTY, I PIlNNSYLVANIA I I I I I NO, 97'5133 CIVIL ACTION . LAW JURY TRIAL DEMANDBD JOHN B. GBSCHWINDT, JR., Defendant PIRST AMENDBD COMPLAINT AND NOW, comes the Plaintiff, ANNIE A. KROL-KNIGHT, by and through her attorneys, Gates' Associates, P.C., and respectfully represents as follows: 1. Plaintiff Annie A. KrOl-Knight (hereinafter referred to as "Plaintiff"), is an adult individual residing at 2 Richland Lane, Apartment 208, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, John E. Geschwindt, Jr. (hereinafter referred to as "Defendant"), is an adult individual, but was seventeen years of aqe at the time of the incident complaint of, residj~g at 24 Corvair Drive, Dillsburg, York County, pennsylvania, 17019. 3. On or about September 22, 1995, at approximately 3:00 p.m., Defendant drove his automobile into the rear of the 1987 Plymouth Horizon Turismo, owned by Plaintiff. 4. The automobile accident occurred on Route 11/15 at the Camp Hill By-pass just before 21st Street. Plaintiff was headed in the direction of the camp Hill Borough when she began to slow down for the traffic lightl Defendant hit the back of Plaintiff's automobile. 1... - . " . 6 . plaintiff proceeded to work with Comnercial Union regarding her automobile damage (Please see attached Exhibit nl for a statement of the damages to plaintiff's automobile and three (3) estimates to repair the damage to plaintiff's automobile.) and her medical injuries. 7. Donegal Mutual Insurance Company, the insurance company representing Defendant, obtained an estimate, from a company of their choosing, Starsinic Appraisal services (Please see attached Exhibit #2 for a statement of the estimate to repair the damages.) who advocated using used parts for the automobile repairs. 8. Absent any discussion with Plaintiff, Donegal Mutual Insurance Company sent plaintiff a check in the amount estimated for automobile repair by Starsinic Appraisal Services. 9. The estimate for damage repair by Starsinic Appraisal Services, Three Hundred Thirteen Dollars and Ninety-seven Cents ($313.97) was significantly lower than any of the three estimates which plaintiff had obtained. 10. plaintiff returned the check to Donegal Mutual Insurance company, which was incorrectly written and contacted her insurance company, Commercial Union who then informed plaintiff they were no longer representing her. 11. plaintiff had been told by mechanics employed by the three sources from which she had obtained estimates, of the unsafe practice to do automobile repairs with used parts. '.'~'f""" - .~... .-' .,~."1"'r""~,.... ...'""~.... ,., <. .. ,~"t...:'\~ , '.. --..-.,-- _..................._ .....Vlll~UI...t ...c...u.~~u l,..U ~LUVJ.Ut:S Plaintiff with any avenue for attempting to argue her position regarding the repair of her automobile. 13. Some time thereafter, Plaintiff received a second , correctly written check from Donegal Mutual Insurance company for the amount of the Starsinic estimate. 14. Plaintiff cashed Donegal Mutual Insurance company's check and had the repairs to her automobile done by L. B. Smith, Inc., Ford Division, the middle estimate among the three (3) estimates which Plaintiff had obtained in the amount of Six Hundred Eighty- Eight Dollars and Forty-Seven Cents ($688.47). Plaintiff paid for the difference between the Starsinic and the L. B. Smith estimate which was Three Hundred Seventy-Four Dollars and Fifty Cents ($374.50) from her personal funds. (Please see Exhibit #3 for the bill for repair of damaqes to Plaintiff's automobile by L. B. Smith, Inc., Ford Division). 15. Plaintiff was without the use of her autOldobile for three (3) days while the automobile was being repaired. Plaintiff rented an automobile for those three days from L. B. smith, Inc., Ford Division in the amount of Eighty Dollars and Fifty-TWO Cents ($80.52). (Please see Exhibit 114 for the bill for the automobile rental for three days from L.B. Smith, Inc.., Ford Division). 16. Doneqal Mutual Insurance Company only agreed to provide Plaintiff with reimbursement for one (1) day of automobile rental or Thirty Eight Dollars and Ninety Cents ($38.90). plaintiff paid the difference for the automobile rental in the amount of Forty-One Dollars and Sixty-TwO Cents ($41.62) from her personal funds. 17. plaintiff attempted to obtain reimbursement for her automobile repairs and rental from Donegal Mutual Insurance Company without success. 18. Immediately following the automobile accident, plaintiff began to experience pain and discomfort in her neck with an accompanying headache. The degree of pain and discomfort on a scale of 1-10 was approximately an 8-9. 19. If Plaintiff participated in any physical activity requiring more than light or sedentary activity the pain and discomfort in her head increased dramatically. 20. FOllowing the accident, Plaintiff was unable to drive an automobile and unable to sit straight and required support for her neck at all times. As a result, Plaintiff had to have someone ~. , '... '. " drive her to work, doctors appointments, church and errands_ 21. Plaintiff was unable to stand in one place or position for longer than a few minutes without becoming dizzy. 22. Due to problems with financial and job security, Plaintiff could not afford to be absent from work. Therefore, following the automobile accident Plaintiff suffered through each work day despite the physical pain she had to endure. 23. upon arriving home after enduring a day of employment with its accompanying pain, discomfort and severe headaches, Plaintiff would not be able to complete any of her personal needs and/or household chores. 24. Plaintiff was unable to tolerate standing and moving in the kitchen to enable her to prepare meals for herself and her husband. As a result, most meals purchased by plaintiff following , ., . the 'accident were thos'e' already prepared, thus increasing the monies allocated for food purchases in Plaintiff's bUdget. 25. Plaintiff had to go up and down several flights of stairs to do her laundry. FOllowing the automobile accident, Plaintiff was unable to walk up and down stairs, let alone begin to consider carrying laundry on the stairs. 26. Plaintiff was unable to use the vacuum cleaner, iron, wash the floors, or perform any Cleaning activities at all. 27. Plaintiff believed her pain and headaches were a natural result of the severe jOlt she had received in the automobile accident. She initially attempted to treat her pain and headaches with over-the-counter medications, but her physical problems grew increasingly worse. 28. On October 16, 1995, Plaintiff was examined and treated by her family physician, James Blacksmith, M.D. Dr. Blacksmith diagnosed Plaintiff with muscle and cervical strain and occipital and cervical contusions. Dr. Blacksmith prescribed conservative treatment, warm compresses every one-half (1/2) hour and exercises. 29. Plaintiff applied warm compresses frequently and attempted to perform the recommended exercises upon returning home after work. 30. Plaintiff's dizziness, severe headaches and inability to perform activities of daily living continued without improvement. 31. On October 30, 1995, Plaintiff returned to Dr. " Blacksmith. Dr. Blacksmith prescribed all previous treatment to 'be continued. - , ~., ......... 32. During December, 1995, Plaintiff was gradually able to resume driving her automobile. Although the headaches and dizziness had subsided somewhat Plaintiff now began to experience a "popping" or "snapping" in her neck every time she rotated and/or ! turned her head, especially to the left. 33. Plaintiff could not Sleep with her head in certain positions, especially she could not lie with her head to her left side. r 34. On July 28, 1996, Plaintiff returned to Dr. Blacksmith complaining of significant pain when using her left hand and/or i i I I I i . I, i r i i " turning her head to the left. Essentially, any 'activity which required Plaintiff to focus to the left or use her left hand caused pain, dizziness, headaches and a soreness at the base of her neck for Several days thereafter. 35. Dr. Blacksmith would not certify that Plaintiff was fully recovered from her injuries which she suffered as a direct result of the automobile accident. Yet, his field of expertise did not enable him to diagnosis the symptoms which Plaintiff complained of. , 36. Plaintif f continued wi th the conservative trea tment which Dr. Blacksmith prescribed for her as she continued to attempt to cope with her continuous pain and headaches. She tried to adapt by avoiding those physical positions and actions which would create additional pain, dizziness and headaches. However, sometimes this was not possible. 37. In the latter part of 1997, Plaintiff again began experiencing an increase in her pain and headaches. _Ii. J8. On December J, 1997, Plaintiff was examined by Ronald W. Lippe, M.D., an orthopedic surgeon practicing with the Orthopedic Institute of Pennsylvania. 39. Dr. Lippe diagnosed Plaintiff with a past cervical strain which has now returned with increased neck pain. (Please see Exhibit #6 for Dr. Lippe'S medical records.) 40. At present, Plaintiff continues to suffer with neck pain, and headaches on a Bcale of 1-10 from 5-9, depending upon the activity which she engages in and the degree to which the activity focuses upon her left side. I. COUNT I NEGLIGENCE BY DEFENDANT, JOHN B. GBSCHWINDT, JR. 41. Paragraphs 1 through 40 of this Complaint are hereby incorporated by reference. 42. At the time of the collision, Plaintiff was lawfully operating and in control of her vehicle. 43. The collision was caused by the negligent act of Defendant in that he failed to maintain control of his automobile at a safe distance and speed to avoid hitting Plaintiff's automobile in the rear. 44. As a direct and proximate result of Defendant's negligence, Plaintiff suffered a severe, violent backlash to her head, neck and back, causing her to sustain severe and multiple injuries to her head, neck and back. 45. As a direct and proximate result of Defendant's negligence, Plaintiff continues to suffer from severe headaches, ,....., '" .. ........,.. ~ pain in her left hand and arm area, pain in the left side of her neck and shoulder, and other possible unknown injuries. 46. As a direct and proximate result of Defendant's negligence, Plaintiff has been and continues to be prevented from being able to care for herself and her husband and her home and is not able to enjoy many of the activities which she and her husband participated in prior to the automobile accident. WHEREFORE, Plaintiff, ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgement in her favor against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount exceedinq $35,000.00, for damages past, present and future; medical expenses, pain and suffering, psycholoqical stress and trauma, attorneys' fees and costs; and for such further and additional relief as this Honorable Court deems just and proper under the circumstances. COUNT 11. FAILURE 01" DONNEGAL MUTUAL INSURANCE COMPANY TO APPROPRIATELY AND ADEQUATELY RBIMBURSE PLAINTIFF ANNIE A. XROL-XNtGHT FOR DAMAGES 46. Paragraphs 1 through 45 are incorporated as if fully set forth herein. 47. As a direct and proximate result of Donneqal Mutual Insurance Company's failure to reimburse Plaintiff for the damages to her automobile, Plaintiff paid from her personal monies, the sum of $374.50 for her costs to have her automobile repaired in a safe and acceptable manner. 48. As a direct and proximate result of Donnegal Mutual Insurance Company's failure to reimburse Plaintiff for the cost of the rental of an automobile during the entire time periOd her . . . '. . ........ . O:RTIFICATF. OF SERVICE I. Trida D, Eckenroad, an authorized agent for Martson, DeardorlT, Williams & altO, hereby certify that a copy of the foregoing Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, PA, lirst class mail, postage prepaid, addressed as follows: Susan K, Candiello, Esquire Gates & Associates, P,C, 1013 Mumma Road Suite 100 Lemoyne, PA 17043 MARTSON, DEARDORFF, WILLIAMS & OTTO ~,. () '/,,t1/l Icia D, Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 fo/4~ Dated: May 26, 1998 '. ,- g ~ e:.. > t"'ZO'" w ;:~"IZ I ;.- 0 Z ;;l gj Z 1'-OC'lH ... > t'l .....~= S CIl Z t'l e:.. 1 t'l '" Ro Ul . > C:U1t'lC'l ~ ..- :c . ::<l....::<lO I .. t'l G1 ..: "" t'" d ~ ~ ::<l t'l ;.: "">::<l ~ 0 U1 ::<l H ... H C'l < 0 ::<lC'lZH ! CIl :!! 0 t:lil Ul t'" .......t:l 0 0 0 . "'" ><C'l"l m Z Ill.... ....;.: t"'...O '" t"\ II> t'l ...,21 ,"21 t"'c:C'l I > 0 ~ Illt:l ..'.... ~>ZO ... ::IH ::IG1 ;;l :x 0.' .-.= ~C'lH:X > III "'H H"::X !" H ::Ie:.. ...,- ....- 0 ~ H .-.::<l ..., t:lO 21 "'ll t'1 . t'1Z~"" g . ::<l . t:l t'" t"\ 1 t'l . > U1 '.: '.:. "J <J " " - ' " - :'. -" t'J '" '"J , ' : ~.) I > : (~) ~ :;/ ." J '.J;tl " . , . :~< -.-' .:;:.... '.-: ANNII A, DOL' mIGHT, I IN THIl COURT or COMMON PLUS plaintiff I or CUMBIlRLAND COUNTY, I PBNNSYLVANIA VI. I I JOHN B. GESCHWINDT, JR., : NO. 97-5133 Defendant I CIVIL ACTION - LAW I JURY TRIAL DEMANDBD ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, ANNIE A. KROL-KNIGHT, by and through her attorneys, Gates , Associates P.C., and files the following Answer to New Matter. 48. Admitted in part and Denied in part. It is admitted Plaintiff was paid $787.21 by the Defendant's insurance company. It. is denied that this payment fully satisfied her claim for property damage and car rental. WHEREFORB, plaintiff, ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgment in her favor and against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount exceeding $35,000.00, for damages past, present and future; medical expenses, pain and SUffering, psychological stress and VBRI PI CA'l'I ON The foregoing document is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of counsel and is not my own. I have read the document and to the extent that it is based upon information which I have qiven to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. S4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~,\,\:o ~(}t~lJ IE A. OL-mIGHT Dated!fay 20, 1998 j i i f I I I J i I trauma I attorneys' fees and costsl and for such further and additional relief as this Honorable Court deems just and proper under the circumstances. Gates & Associates, P.C. ~usan Kay an iello, Esqu re Supreme Co rt o. 64998 1013 Mumma d, Suite 100 Lemoyne, PA 17043 (717) 731-9600 Attorney for Plaintiff (717) 731-9600 Attorneys for Annie A. Krol-Knight Dated: May 22, 1998 2 ANNIB A. lUlOL-mIGHT, Plaintiff IN THE COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PBNNSYLVANIA VB. JOHN B. GESCHWINDT, JR, Defendant NO. 97-5133 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICB 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 aft~r this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF ~OU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONB THB OFFICE SBT FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE N'JMBER: (717) 249-3166 ANNIB A. DOL - KNIGHT, I IN THB COURT or COMMON PLUS Plaintiff I 01" CUMBBRLAND COUNTY, I PBNNSYLVANIA VB. I I JOHN E. GESCHWINDT, JR., I NO. 97-5133 Defendant I CIVIL ACTION . LAW I JURY TRIAL DBMANDBD FIRST AMENDED COMPLAINT AND NOW, comes the Plaintiff, ANNIE A. KROL-KNIGHT, by and through her attorneys, Gates' Associates, P.C., and respectfully represents as follows: 1. Plaintiff Annie A. Krol-Knight (hereinafter referred to as "plaintiff"), is an adult individual residing at 2 Richland Lane, Apartment 208, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, John E. Geschwindt, Jr. (hereinafter referred to as "Defendant"), is an adult individual, but was seventeen years of age at the time of the incident complaint of, residing at 24 Corvair Drive, Dillsburg, York County, Pennsylvania, 17019. 3. On or about september 22, 1995, at approximately 3: 00 p.m., Defendant drove his automobile into the rear of the 1987 Plymouth Horizon Turismo, owned by Plaintiff. 4. The automobile accident occurred on Route 11/15 at the camp Hill By-pass just before 21st Street. Plaintiff was headed in the direction of the Camp Hill Borough when she began to slow down for the traffic light; Defendant hit the back of Plaintiff's automobile. 5. Plaintiff immediately contacted her insurance company, Commercial Union. 6. Plaintiff proceeded to work with Commercial Union regarding her automobile damage (Please see attached Exhibit #1 for a statement of the damages to Plaintiff's automobile and three (~) estimates to repair the damage to Plaintiff's automobile.) and her medical injuries. 7. Donegal Mutual Insurance Company, the insurance company representing Defendant, obtained an estimate, from a company of their choosinq, Starsinic Appraisal Services (Please see attached Exhibit #2 for a statement of the estimate to repair the damages.) who advocated using used parts for the automobile repairs. 8. Absent any discussion with plaintiff, Donegal Mutual Insurance Company sent Plaintiff a check in the amount estimated for automobile repair by Starsinic Appraisal Services. 9. The estimate for damage repair by Starsinic Appraisal Services, Three Hundred Thirteen Dollars and Ninety-seven Cents ($313.97) was significantly lower than any of the three estimates which Plaintiff had obtained. 10. Plaintiff returned the check to Donegal Mutual Insurance Company, which was incorrectly written and contacted her insurance company, Commercial Union who then informed Plaintiff they were no longer representing her. 11. Plaintiff had been told by mechanics employed by the three sources from which she had obtained estimates, of the unsafe practice to do automobile repairs with used parts. 12. Donegal Mutual Insurance Company refused to provide Plaintiff with any avenue for attempting to argue her position regarding the repair of her automobile. 13. Some time thereafter, Plaintiff received a second , correctly written check from Donegal Mutual Insurance company for the amount of the Starsinic estimate. 14. Plaintiff cashed Donegal Mutual Insurance company's check and had the repairs to her automobile done by L. B. Smith, Inc., Ford Division, the middle estimate among the three (3) estimates which Plaintiff had obtained in the amount of six Hundred Eighty- Eight Dollars and Forty-Seven Cents ($688.47). Plaintiff paid for the difference between the Starsinic and the L. B. Smith estimate which was Three Hundred Seventy- Four Dollars and Fifty Cents ($374.50) from her personal funds. (Please see Exhibit #3 for the bill for repair of damages to Plaintiff's automobile by L. B. Smith, Inc., Ford Division). 15. Plaintiff was without the use of her automobile for three (3) days while the automobile was being repaired. Plaintiff rented an automobile for those three days from L.B. Smith, Inc., Ford Division in the amount of Eighty Dollars and Fifty-TWO Cents ($80.52) . (Please see Exhibit #4 for the bill for the automobile rental for three days from L.B. Smith, Inc.., Ford Division). 16. Donegal Mutual Insurance Company only agreed to provide Plaintiff with reimbursement for one (1) day of automobile rental or Thirty Eight Dollars and Ninety Cents ($38.90). Plaintiff paid the difference for the automobile rental in the amount of Forty-One Dollars and Sixty-Two Cents ($41.62) from her personal funds. 17. Plaintiff attempted to obtain reimbursement for her automobile repairs and rental from Donegal Mutual Insurance company without success. 18. Immediately following the automobile accident, Plaintiff began to experience pain and discomfort in her neck with an accompanying headache. The degree of pain and discomfort on a scale of 1-10 was approximately an 8-9. 19. If Plaintiff participated in any physical activity requiring more than light or sedentary activity the pain and discomfort in her head increased dramatically. 20. FOllowing the accident, Plaintiff was unable to drive an automobile and unable to sit straight and required support for her neck at all times. As a result, Plaintiff t.ad to have someone drive her to work, doctors appointments, church and errands-, 21. Plaintiff was unable to stand in one place or position for longer than a few minutes without becoming dizzy. 22. Due to problems with financial and job security, Plaintiff could not afford to be absent from work. Therefore, fOllowing the automobile accident Plaintiff suffered through each work day despite the physical pain she had to endure. 23. Upon arriving home after enduring a day of employment with its accompanying pain, discomfort and severe headaches, Plaintiff would not be able to complete any of her personal needs and/or household chores. 24. Plaintiff was unable to tolerate standing and moving in the kitchen to enable her to prepare meals for herself and her husband. As a result, most meals purchased by Plaintiff following i' the accident were those already prepared, thus increasing the monies allocated for food purchases in Plaintiff's budget. 25. Plaintiff had to go up and down several flights of stairs to do her laundry. FOllowing the automobile accident, Plaintiff was unable to walk up and down stairs, let alone begin to consider carrying laundry on the stairs. 26. Plaintiff was unable to use the vacuum cleaner, iron, wash the floors, or perform any Cleaning activities at all. 27. Plaintiff believed her pain and headaches were a natural result of the severe jolt she had received in the automobile accident. She initially attempted to treat her pain and headaches with over-the-counter medications, but her physical problems grew increasingly worse. 28. On October 16, 1995, Plaintiff was examined and treated by her family physician, James Blacksmith, M.D. Dr. Blacksmith diagnosed Plaintiff with muscle and cervical strain and occipital and cervical contusions. Dr. Blacksmith prescribed conservative treatment, warm compresses everyone-half (1/2) hour and exercises. 29. Plaintiff applied warm compresses frequently and attempted to perform the recommended exercises upon returning home after work. 30. plaintiff'S dizziness, severe headaches and inability to perform activities of daily livinq continued without improvement. 31. On October 30, 1995, Plaintiff returned to Dr. Blacksmith. Dr. Blacksmith prescribed all previous treatment: to'be continued. 32. During December, 1995, Plaintiff was gradually able to resume driving her automobile. Although the headaches and dizziness had subsided somewhat Plaintiff now began to experience a "popping" or "snapping" in her neck every time she rotated and/or turned her head, especially to the left. 33. Plaintiff could not sleep with her head in certain positions, especially she could not lie with her head to her left side. 34. On July 28. 1996, Plaintiff returned to Dr. Blacksmith complaininq of significant pain when using her left hand and/or turning her head to the left. Essentially, any activity which required Plaintiff to focus to the left or use her left hand caused pain, dizziness, headaches and a soreness at the base of her neck for several days thereafter. 35. Dr. Blacksmith would not certify that Plaintiff was fully recovered from her injuries which she suffered as a direct result of the automobile accident. Yet, his field of expertise did not enable him to diagnosis the symptoms which ?laintiff complained of. 36. Plaintiff continued with the conservative treatment' which Dr. Blacksmith prescribed for her as she continued to attempt to cope with her continuous pain and headaches. She tried to adapt by avoiding those physical positions and actions which would create additional pain, dizziness and headaches. However, sometimes this was not possible. 37. In the latter part of 1997, Plaintiff again began experiencinq an increase in her pain and headaches. 38. On Decemb3r 3. 1997, plaintiff was examined by Ronald W. Lippe, M.D., an orthopedic surgeon practicing with the Orthopedic Institute of pennsylvania. 39. Dr. Lippe diagnosed plaintiff with a past cervical strain which has now returned with increased neck pain. (Please see Exhibit #6 for Dr. Lippe'S medical records.) 40. At present. plaintiff continues to suffer with neck pain, and headaches on a scale of 1-10 from 5-9, depending upon the activity which she engages in and the degree to which the activity focuses upon her left side. COUNT I NEGLIGENCE BY DEFENDANT, JOHN E. GESCHWINDT, JR. 41. paragraphs 1 through 40 of this Complaint are hereby incorporated by reference. 42. At the time of the collision, plaintiff was lawfullY operating and in control of her vehicle. 43. The collision was caused by the negligent act of Defendant in that he failed to maintain control of his automobile at a safe distance and speed to avoid hitting plaintiff's automobile in the rear. 44. As a direct and proximate result of Defendant's negligence, Plaintiff suffered a severe, violent backlash to her head, neck and back, causing her to sustain severe and multiple injuries to her head, neck and back. 45. As a direct and proximate result of Defendant'S negligence, Plaintiff continues to suffer from severe headaches, pain in her left hand and arm area, pain in the left side of her neck and shoulder, and other possible unknown injuries. 46. As a direct and proximate result of Defendant's negligence, Plaintiff has been and continues to be prevented from being able to care for herself and her husband and her home and is not able to enjoy many of the activities which she and her husband participated in prior to the automobile accident. WHEREFORE, plaintiff, ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgement in her favor against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount exceeding $35,000.00, for damages past, present and future; medical expenses, pain and suffering, psychological stress and trauma; attorneys I fees and cos ts; and for such further and additional relief as this Honorable Court deems just and proper under the circumstances. COUNT II. FAILURE OF DONNEGAI, MUTUAL INSURANCE COMPANY TO APPROPRIATELY AND ADEQUATELY REIMBURSE PLAINTIFF ANNIE A. KROL-KNIGHT FOR DAMAGES 46. Paragraphs 1 through 45 are incorporated as if fully set forth herein. 47. As a direct and proximate result of Donnegal Mutual Insurance Company's failure to reimburse Plaintiff for the damages to her automobile, Plaintiff paid from her personal monies, the sum cf $374.50 for her costs to have her automobile repaired in a safe and acceptable manner. 48. As a direct and proximate result of Donnegal Mutual Insurance Company's failure to reimburse plaintiff for the cost of the rental of an automobile during the entire time periOd her .,.. , automobile was being repaired for damages from the automobile accident, Plainti ff paid from her personal monies, the sum of $41.62 to be able to rent an automobile while her automobile was being repaired. WHBREFORE, Plaintiff, ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgement in her favor and against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount exceeding $35,000.00, for damages past, present and future; medical expenses, pain and suffering, psychological stress and trauma; attorneys I fees and costs; and for such further and additional relief as this Honorable Court deems just and proper under the circumstances. Respectfully submitted, Gates' Associates, P.C. DATE: May 13, 1998 C'''' G~ Susan Kay ~ iello, ESqu re Supreme Co No. 64998 1013 Mumma rive, Suite 100 Lemoyne, PA 17043 (717) 731-9600 Attorney for Plaintiff , . .. "" . ... 4! .' . 9 w ~ C .. S ~ ~ In c ~ '" ~ ~ .. z . ~ c... o =: Z t'1 . ~ > ;;l (Il Ro~ >~ (Il ." 'Jj ~ o m (") U> .. 0 > ." -I t'!l (Il . n o ::;: '"el I:""' > H ;'j C'l t'1 '" n oil III H ....Z III t:l ::11-1 0.- III ::I rT < '" '" : ZO H O"l Z . nl-l \O~ =: .....::;: t'1 It:l:l "'t'1 n .....:<10 '-'I:""' c:: '-'> : '"el I I:""' I:""' t'1 > > '" g \D 0 CD -n ~8-j ~ ~f " ~_o ;;u '" ~ ~: - -n -~ #~.. ClO :3 r<6 ~ .:;, ~8 ::x; ,]c ,~ ~ 6. S! ~ ?5 'D -< . ANNIB A. ItROL'1I:NIGHT, Plaintiff VB. I IN THE COURT or COMMON PLEAS I or CUMBERLAND COUNTY, I PBNNSYLVANIA I I I I I NO. 9'7-5133 CIVIL ACTION - LAW JURY TRIAL DEMANDED JOHN B. GBSCHWINDT, Defendant COMPLAINT AND NOW, comes the Plaintiff, ANNIE A. KROL-KNIGHT, by and through her attorneys, Gates' Associates, P.C., and respectfully represents as follows: 1. Plaintiff Annie A. Krol-Kniqht (hereinafter referred to as "Plaintiff"), is an adult individual residinq at 2 Richland Lane, Apartment 208, camp Hill, Cumberland County, pennsylvania, 17011. 2. Defendant, John E. Geschwindt (hereinafter referred to as "Defendant"), is an adult individual residing at 24 Corvair Drive, Dillsburq, York County, Pennsylvania, 17019. 3. On or about september 22, 1995, at approximately 3:00 p.m., Defendant drove his automobile into the rear of the 1987 Plymouth Horizon Turismo, owned by Plaintiff. 4. The automobile accident occurred on Route 11/15 at the Camp Hill By-pass just before 21st Street. Plaintiff was headed in the direction of the Camp Hill Borough when she began to slow down for the traffic light; Defendant hit the back of Plaintiff's automobile. 5. Plaintiff immediately contacted her insurance company, Commercial Union. . . 6. Plaintiff proceeded to work with Commercial Union regardinq her automobile damage (Please see attached Exhibit #1 for a statement of the damages to Plaintiff's automobile and three (3) estimates to repair the damage to Plaintiff's automobile.) and her medical injuries. 7. Donegal Mutual Insurance Company, the insurance company representing Defendant, obtained an estimate, from a company of their choosing, Starsinic Appraisal Services (Please see attached Exhibit #2 for a statement of the estimate to repair the damages.) who advocated using used parts for the automobile repairs. 8. Absent any discussion with plaintiff, Donegal Mutual Insurance Company sent Plaintiff a check in the amount estimated for automobile repair by Starsinic Appraisal Services. 9. The estimate for damage repair by Starsinic Appraisal Services, Three Hundred Thirteen Dollars and Ninety-seven Cents ($313.97) was significantly lower than any of the three estimates which Plaintiff had obtained. 10. Plaintiff returned the check to Donegal Mutual Insurance company, which was incorrectly written and contacted her insurance company, COmmercial Union who then informed plaintiff they were no longer representing her. 11. Plaintiff had been told by mechanics employed by the three sources from which she had obtained estimates, of the unsafe practice to do automobile repairs with used parts. 12. Donegal Mutual Insurance Company refused to provide Plaintiff with any avenue for attempting to argue her position regarding the repair of her automobile. , ~. . " 'i 13. Some time thereafter, Plaintiff received a second correctly written check from Donegal Mutual Insurance Company for the amount of the Starsinic estimate. 14. Plaintiff cashed Donegal Mutual Insurance company's check and had the repairs to her automobile done by L. B. Smith, Inc., Ford Division. the middle estimate amonq the three (3) estimates which Plaintiff had obtained in the amount of Six Hundred Eighty- Eight Dollars and Forty-Seven Cents ($688.47). Plaintiff paid for the difference between the Starsinic and the L. B. Smith estimate which was Three Hundred Seventy-Four Dollars and Fifty Cents ($374.50) from her personal funds. (Please see Exhibit #3 for the bill for repair of damages to Plaintiff's automobile by L. B. Smith, Inc., Ford Division). 15. Plaintiff was without the use of her automobile for three (3) days while the automobile was being repaired. Plaintiff rented an automobile for those three days from L.B. Smith, Inc., Ford Division in the amount of Eighty Dollars and Fifty-Two Cents ($80.52). (Please see Exhibit #4 for the bill for the automobile rental for three days from L.B. Smith, Inc.., Ford Division). 16. Donegal Mutual Insurance company only agreed to provide Plaintiff with reimbursement for one (1) day of automobile rental or Thirty Eight Dollars and Ninety Cents ($38.90). Plaintiff paid the difference for the automobile rental in the amount of Forty-One Dollars and Sixty-TWO Cents ($41.62) from her personal funds. 17. Plaintiff attempted to obtain reimbursement for her automobile repairs and rental from Donegal Mutual Insurance company without success. . 18. Immediately fOllowing the automobile accident, Plaintiff began to experience pain and discomfort in her neck with an accompanyinq headache. The deqree of pain and discomfort on a scale of 1-10 was approximately an 8-9. 19. If Plaintiff participated in any physical activity requirinq more than light or sedentary activity the pain and discomfort in her head increased dramatically. 20. FOllowing the accident, Plaintiff was unable to drive an automobile and unable to sit straight and required support for her neck at all times. As a result, Plaintiff had to have someone drive her to work, doctors appointments, church and errands. 21. Plaintiff was unable to stand in one place or position for longer than a few minutes without becoming dizzy. 22. Due to problems with financial and job security, Plaintiff could not afford to be absent from work. Therefore, following the automobile accident Plaintiff suffered through each work day despite the physical pain she had to endure. 23. upon arriving home after enduring a day of employment with its accompanying pain, discomfort and severe headaches, Plaintiff would not be able to complete any of her personal needs and/or household chores. 24. Plaintiff was unable to tolerate standing and moving in the kitchen to enable her to prepare meals for herself and her husband. As a result, most meals purchased by Plaintiff followinq the accident were those already prepared, thus increasing the monies allocated for food purchases in Plaintiff'S budget. . . 25. Plaintif f had to go up and down several f lights of stairs to do her laundry. FOllowing the automobile accident, plaintiff was unable to walk up and down stairs, let alone begin to consider carrying laundry on the stairs. 26. plaintiff was unable to use the vacuum cleaner, iron, wash the floors, or perform any cleaning activities at all. 27. plaintiff believed her pain and headaches were a natural result of the severe jolt she had received in the automobile accident. She initiallY attempted to treat her pain and headaches with over-the-counter medications, but her physical problems grew increasingly worse. 28. On october 16, 1995, plaintiff was examined and treated by her family physician, James Blacksmith, M.D. Dr. Blacksmith diagnosed plaintiff with muscle and cervical strain and occipital and cervical contusions. Dr. Blacksmith prescribed conservative treatment, warm compresses everyone-half (1/2) hour and exercises. 29. Plaintiff applied warm compresses frequently and attempted to perform the recommended exercises upon returning home after work. 30. plaintiff'S dizziness, severe headaches and inability to perform activities of daily living continued without improvement. 31. On October 30, 1995, plaintiff returned to Dr. Blacksmith. Dr. Blacksmith prescribed all previous treatment to be continued. 32. During December, 1995, plaintiff was gradually able to resume driving her automobile. Although the headaches and dizziness had subsided somewhat plaintiff now began to experience a "popping" or "snapping" in her neck every time she rotated and/or turned her head, especially to the left. 33. Plaintiff could not sleep with her head in certain positions, especially she could not lie with her head to her left side. 34. On July 28, 1996, Plaintiff returned to Dr. Blacksmith complaining of significant pain when using her left hand and/or turninq her head to the left. Essentially, any activity which required Plaintiff to focus to the left or use her left hand caused pain, dizziness, headaches and a soreness at the base of her neck for several days thereafter. 35. Dr. Blacksmith would not certify that Plaintiff was fully recovered from her injuries which she suffered as a direct result of the automobile accident. Yet, his field of expertise did not enable him to diaqnosis the symptoms which Plaintiff complained of. 36. Plaintiff continued with the conservative treatment which Dr. Blacksmith prescribed for her as she continued to attempt to cope with her continuous pain and headaches. She tried to adapt by avoidinq those physical positions and actions which would create additional pain, dizziness and headaches. However, sometimes this was not possible. 37. In the latter part of 1997, Plaintiff again began experiencing an increase in her pain and headaches. 38. On December 3, 1997, Plaintiff was examined by Ronald W. Lippe, M.D., an orthopedic surgeon practicing with the Orthopedic Institute of pennsylvania. . . 39. Dr. Lippe diagnosed Plaintiff with a past cervical strain which has now returned with increased neck pain. (Please see Exhibit #6 for Dr. Lippe'S medical records.) 40. At present, Plaintiff continues to suffer with neck pain, and headaches on a scale of 1-10 from 5-9, depending upon the activity which she engages in and the degree to which the activity focuses upon her left side. COUNT I NEGLIGENCE BY DEFENDANT , JOHN E. GESCHWINDT, JR. 41. paragraphs 1 through 40 of this Complaint are hereby incorporated by reference. 42. At the time of the collision, Plaintiff was lawfully operating and in control of her vehicle. 43. The collision was caused by the negligent act of Defendant in that he failed to maintain control of his automobile at a safe distance and speed to avoid hitting Plaintiff's automobile in the rear. 44. As a direct and proximate result of Defendant's negligence, Plaintiff suffered a severe, violent backlash to her head, neck and back, causing her to sustain severe and multiple injuries to her head, neck and back. 45. As a direct and proximate result of Defendant's negligence, Plaintiff continues to suffer from severe headaches, pain in her left hand and arm area, pain in the left side of her neck and shoulder, and other possible unknown injuries. 46. As a direct and proximate result of Defendant's negligence, Plaintiff has been and continues to be prevented from ~ 4 being able to care for herself and her husband and her home and is not able to enjoy many of the activities which she and her husband participated in prior to the automobile accident. WHEREFORE, plaintiff, ANNIE A. KROL-KNIGHT respoctfully requeats this Honorable Court to enter judgement in her favor against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount e~ceeding $35,000.00, for damages past, present and future; medical expenses, pain and suffering, psychological stress and trauma; attorneys' fees and costs; and for such further and . ", additional relief as this Honorable Court deems just and proper under the circumstances. COUNT II. FAILURE OF DONNEGAL MUTUAL INSURANCE COMPANY TO APPROPRIATELY AND ADEQUATELY REIMBURSE PLAINTIFF ANNIE A. KROL-KNIGHT FOR DAMAGES 46. paragraphS 1 through 45 are incorporated as if fully set forth herein. 47. As a direct and proximate result of Donneqal Mutual Insurance company's failure to reimburse plaintiff for the damages to her automobile, Plaintiff paid from her personal monies, the sum of $374.50 for her costs to have her automobile repaired in a safe and acceptable manner. 48. As a direct and proximate result of Donnegal Mutual Insurance Company's failure to reimburse plaintiff for the cost of the rental of an automobile during the entire time period her automobile was being repaired for damages from the automobile accident, Plaintiff paid from her personal monies, the sum of $41.62 to be able to rent an automobile while her automobile was being repaired. . WHEREPORE, plaintiff, ANNIE A. KROL-KNIGHT respectfully requests this Honorable Court to enter judgement in hor favor and against the Defendant, JOHN E. GESCHWINDT, JR. for damages in an amount exceeding $35,000.00, for damages past, present and future; medical expenses, pain and suffering, psychological stress and trauma; attorneys' fees and costs; and for such further and ., additional relief as this Honorable Court deems just and proper under the circumstances. Respectfully submitted, Gates' Associates, P.C. DATE: March 16, 1998 ~ Susan Kay Candi llo, Esquire Supreme Cour~ No. 64998 1013 Mumma Dr~ , Suite 100 Lemoyne, PA 17043 (717) 731-9600 Attorney for Plaintiff . CERTIPlCATE OP SERVICE I, Susan Kay Candiello, Esquire, of the law firm of Gates , Associates, P.C., hereby certify that I served a true and correct copy of the foregoing complaint by first-class United States mail, to the following counsel of record: Thomas J. Williams, Esquire Martson, Deardorff, Williams' Otto Ten East High Street Carlisle, PA 17013 Attorney for Defendant John E. Geschwindt, Jr. Dated: March 18, 1998 GATES' ASSOCIATES, P.C. iello, Esquire o d, Suite 100 Lemoyne, PA 17043 Sup. Ct. I.D. # 64998 (717) 731-9600 . Vi!:RIFICATION I, ANNIE A. KROL-KNIGHT, verify that the attached Complaint is based upon information which has been qathered by my counsel in the preparation of this lawsuit. The language of the Complaint is that of my counsel and not mine. I have read the Complaint and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knOWledge, information and belief. To the extent that the contents of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I understand that I am SUbject to the penalties of 18 Pa, C.S. section 4904 relating to unsworn falsification to authorities for any false statements that I have made in the foreqoinq complaint. DATE: March 16, 1998 , j~E J ~~:~~U- DWG~ REPORT 09 29/95 at l6:30 ( PE I.D.N23-1585-278-' FRANCIS ( KROL-KNIGfIT D.R. 28965-0000183 Es,: T. 'BIXLER Insurnn<;e Co.: Claim No.: FOR FORDS. FAX N 717-233-2311 1000 PAXTON ST. HARRISBURG... PA . 17104- (717) :.:33-4521 Day Phon~: !7171 737-_8803_- Other fh: Deductib e: N/A Phone: INC. Owner: ANNIE KROL-KNIGHT Address: 2 RICHLAND LN APT 208 CAMP HILL PA 17011 Adj.: 87 PLYM HORIZON TURISMO 3D BLUE 4-2.2L-2 Vln: 1P3BM44CXHD575879 License: VNK117 PA Prod Power brakes Bumper guards Recline/lounge seats Power trunk Rear defogger Two tone paint Date: 0/ 0 OdOMeter: Tinted glass Bucket seats 149693 ----------------------------------------------~------------------------------.-. REPR/ PART NO. REPL DESCRIPTION OF DAMAGE QTY COST LABOR PAINT MISC -------------------------------------------------------------------------------- 1 REAR BUMPER 2 Repl Bumper cover 3 Add for 2-Tone Refinish 4 Add for Edging 5 Repl Reinforcement 6 Repl RT Energy absorber 5 m.p.h. 7 Repl LT Ener~y absorber 5 m.p.h. 8. Refin TINT & BLEND 9. RENTAL PER DAY. 21.39 l34.00 1.7 1.8 0.7 0.5 1 1 1 1 1 1 1 1 160.00 87.50 87.50 0.3 0.3 0.3 1.0 -------------------------------------------------------------------------------- Subtotals allla> 469.00 3.6 3.0 0.00 Page: 1 (' L.B. SMITH FORD, DlC.C 1160 12th. & Market Streets Lemoyne, PA 17043 (717) 761-6700 Pax: (717) 761-3951 Visible Damage Quotation #1160 by JOHN CAREY on 09-26-95 ANNIE KROL-KNIGHT 2 RICHLANO LN Style : APT 208 lie. Plate: VNK117 CAMP HILL. PA 178011 Paint Code: Phone: Prod. Date: 87 CHRYSLER CHARGER/TURISMO/OMNI/HOProfile : STANDARD VIN: 1P3BM44CXHD575879 Deductible: 0,00 Mileage: 49539 t>>t 1 ons : Insurer : Adjuster : Aoorai ser: Claimant : Insured : Policy # : Claim # : I Labor Up D!lcriptloD 1 omam 1111 com ASS! z mucl 1111 BOIIPII com ] mucl 1111 BOMPII mIPOICBMBIT 4 ImACI I 11.I1 BOMPII IMPACT mouu 5 mucl L 11.I1 mm IMPACT moml , '.DL om CLUI COAT 1 .ulL om IIlSI POI omsPlAY I lOL COST IAIAIDOOS VISTI DISPOSAL , JDdgelent Itel .riel Labor paiDt Labor GroQ? 'riel! Crou~ 0.00 1.] 0,0 BODY UUO IIC 1.1 IIV 150,00 IIC 0,0 IIV 17.50 0.1 0,0 BODY IIV 87.50 0,1 0,0 BODY IIV 0.00 0.1 0,0 II1I11SB , 0.00 0.1' 0,0 II1II1SB 2.00' 0,0 0.0 SlJIIIIarv BODY U. ]0,00 51,OOT mmSB U. 10.00 14 DOT Taxed Labor 141,00 TI 6,OOOt 1,46 PAlIT IIlTIIlALS 11,50T IIV 469,OOT 1l11lDODS liST. 2 DOT Tued CoBU ]UO Tued Parts 469,00 TI 6.000t U1 TI 6,Oon ZI,U Labor I 4.1 bra) 141.00 ldd'l COltl/Materlall lUO Pam 469,00 Tax 11,17 Grand Total 688.47 car rental 23.60 per day ~ll IlCALL 101811: 01-2'.15 15:15:50 ,lniMate Plus is a tradeuri of litcAell Iltemtinul Copyrigbt 1991-1915 III ligbtl leserred 1 ,/ 2 3 4 5 e 7 e 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 (77') I DATE ........ XI ..... vt, UCEHlllHO~ ).)~)n (j MU.OQf /Y9.5~9 w....;'9,~8, ()' ~l.\C~ Y. ~l '5;fY7-5'i?79 PAOO. DAll' 800Y CODIi _~ TRII.I Visible Damage~stimate ..... rO\_ ~ -. \\. \(,...t.-V ..." ~~ \- ~'~~I~ !~~~ ~;:\ e ~~ 1 .. .' ~J art \ ,~~,., '\' t\f) "'11 0-,- ZIP '-,01' H_ w.Pt<OHE ?'"??tftfa~ . , OETAlLS OF AEPAlA A . A~, S. Straighten RIC . RecycleIRechromeJRecore '. ". -~-.., .~~. '* ..rIff,....,.. ,.... .:::'. . .' L .. . ~ - /r"" ,.. '-.r-: _ .Af~'::' ~';// ..:;/, .... ~"'.# , . ,?' L'A' ...; , ~. . .. UIIf RE' RE' IlO. PAIR PIN:! PARTS INDEX A . Aftermarket N. New U . Used A. Aebum I.' !. ., .("'::.~~. .~.) /.'./',.,/ ..... . ". . ~ .../.'J~ ...,... _I '....~ /./ "".. , . .- ,'"-,,, /' /,..,t.t., OlD PARTS Will. BE OISCAADEO UNLESS OTHERWISE INSTRUCTED I TOTALS. SOME'TIMU AFTER 11-fE WOfI( HAS BUN STARTED. ADOfl'1OtW.LY DAMAOfD OR WORN FWmI ARE DISCOVF.RED WHICH WERE HOT EVIOENT ON FIRST INSPECTlOH. THIS DAMAGe REPOHT DOES NOT COVER OR INCWDE AH'f AOOrTlOtW. FWml OR LA80R WHQi MAY BI RECUIAED. AU. PMTS PRICES ARE SUBJECT TO INYOtCE. I horeby eutI1onz. the obove wort< end acknowledge receipt 01 copy. Signed X Date BRENNER MOTORS II 1812-30 Paxton Street II Harrisburg, Pa. · Phone 232-4271 . lIOOO. 9 ,dJ!, ,~- ^ _..;I.. -kI.c PI IWlT1I PAINT' IUIlL!TOO5C. MATalIALS LABOA /.?r. Ile> ."14,<; ,.)' () '/. r" /. ~... .~ -- ~. 1:' ~......... dI> ~r, . .., .... "l? f1~"" / ? :41'.;- ()1!0 /..<" r ~. .. 'L BODY ".) tn.O '?u I~O ~ PAINT -', C' tn. o.;"".'~' o FRAME_tn.O !!. MECH tn. 0 PAJrnl_"'b/OCt fa kM>Ico SUBLETIMISCEL1.ANEOUS PaInt Soppllelt _tn. 0 Body Soppllelt _tn. 0 TowingIStorag. EPMVuto 0'_ Chorge ;:>.-. J. . ~~S'I "' c:; r.: _, I /~! ;;<"~ ..' .:.. (-, - ;; sue TOTAL............................. TAX % on $.............................. ~./ (~/.7t .>1 ! TOTAL $ .,- , ~ I ~ CoIl41tlol Cod.. Dlt. ot LollI Cltla llIIbtr. limed I CltUtaC I l4dm., lOll PhOIf, . !.j)O] .<lfl .) ,);.ft,w.,aollllll gnltlG~l6 '(nrqmGJ ::""":~' i '! ','~ ", . ! c.IfWlJlC IJIPWIlL IDfJ~,~~,,~Cl'{ !ec..mll~ ~,1! ~~', . " '~.. : "tI..,ul . ,'.0. 101 UU IrIIL%Oll PI UlU~"~.101PIl"".~ lbl 11 reI" : ,.. t : ~t.fh" . ... ~. H" :.Il17/tlHIU bnll 010 luff n/ 'Mqqa a'N e"., '. "." I," , I ~ ir'~' :; Du.qt IIlIUM 1" IlCllOL18 t. Ifwmc Ipprll.ed rorl 00JIl1I.. Dl8IIJ a. ~::-!.3~i~"':I'" '..&;4!l.... 0,;". ",i' .,". . .":, . fypt of Loll, 'ropert, Dui9t~i ~""i1'l")1.:r;:,ir: n') ..: ''':'''~'t',JnH'\''~rr'r'...':" -: , .. Good u122m 'DIlBU'H' am GJSCIlVIJor 11I11 DOL-DIGar .c. 2 IICILUO WI CIIIP IIIJ. PI 17t11 f 1171 Tl1-l1ll ... .' ~ i; ro, IG...:-q"r.'~' .")~" rt""i' fl" ."'?" . ",I ,,"J" .. .' ,. . . . ','. )':'".):~,. )l.~ ...'i;,'C .:J'.: : .; f' . Demlpttoll 1981 PLlKOOTl MOSKO 10 liB '" ... III, IPlBXffCIBD175819 Limit, m.ll7'. fA . .' ....., _..,.., \ ... p'; .,~ aT' l: f. '-.::l; Iltch.1I S.nlc" ',:,UlU ':' '" ~~'I 111..g.. 151,l'2 "'Ior, IWI . .. . . ... ....'.III'..I~ .,. ,.",., .. I"" . .' . \oW . ..... .,.,.. __'l.. ~~ ." #" . p '\\01..... "', . OptlOAl. POVIIBRlll8, POIlU snlB~Jtl~lO, "I~~O ~~~' . IJG~~,}~~~,WDIL ruJSXlSSlOll. Llu Intr, Labor Ll~it;~ . l.' ,-' ...~~. -" . ;~, .;, Dollir Labor Il.a Jlllbtr fypt Optrltlon DmrlpUOlI .'It haIlIr 1I0unt Dllt 1 mll6 BODr WOfllUPUCI'UIi'1OO1R "l'i" QlJlLD:rCLIO pur III.ft' ..,' 2 t URI WlDP US:'I ". ~- :t %S.1t l "'lIl Boor 'UPII. " 'UC1lll. LlQ. pia" '. '. ...- .,.. -.' '. I." . l28l1t WI. urmsa .~. ~WR 1100'11 com '.~' .~ " 1.1 I 'llll2 uru &DO'L UBOR opa"CLIiI1Daf'1WJ..ar,' ,!. - 1.1' '10f0 &DO'L cosr :~mr IIr11W1 '''~. . ,j;;,~;~ 39.21' , Jlldglllll u..' " 'l,1.'[l~'f!rrt' lijIJ1\ alUrkt >\~ ',0~t.U)..l.,.1 t..-. A~ LlQ PARrS LOC. . JlVDIllII"lOl/llIIB IIlGDI . '1I-1211 ,,;':":~~:.,J'm' Ji.Cf~ OIIllII.ro WOLlmIIlS. Jf,,;'!!ill'ti - .......,.~ ,~ --~ r Prior DllIg. lHrIIlOR - '21." Idd'l Labor .ubl.t I. Labor Sublol.:, DolU Itl. 1I0UDt 1I0ult fol.l. II. P.rl RtpI.ctIIlt SUllarr bount Bod, l.6 ll.8. '..It fnlbl. Partl 111.11 latlollb 2.B ll.1I IUI . PerU Idlulla.lt 21.1t Labor Sublolll lll.ll Ill.. fu . I.In 7.11 Labor fal I '."1 7.'2 rota 1 IIpl.CII.lt Plrll lIouul. m.ll Labor SUII.rr rotal. ... 1l!.!2 . I," larIXlrl RICILL IUXBIB, 111121'5 11,4','1 5J-III"'5 . "Itca.l! ~!!I 'arlloD. OCT.95.l COPJrlgbl ICI I"', Kltcb.ll IIC.rultlo..l PLEASE1REIUllDlSCCAlMDt ON BACK Paq. 1 of 2 --~--.~----~-----------------------_._-------_.. , ' " ..; .. ~ '" :..;i .Z..;: 1.1~ ~,.. ;"J!..':s '(nf.lr.:-"~.: .,..-n. 'IIUlltltaU !!!".O'S. .-: ':1i. If. .," ~.ClIItoIIr IttJOUlblUtf. ..,,~ ',r ... :-. ";'; , bout J:"'-'." '.' "OUllt n.n 2.11 41.15 III. Iddltloaal Coltl Tdabll Coltl .. .... ...,." '": ~(~r...j -: ::". J lal.1 Tal I 1.1" Totll lddltloaal Coltl. . I. Total LaIlor. 13",2 n. Tttal ItVlm..at ,arti. m.1I III. Total Iddltlonal Coltl, 11.55 GrOll fotal, 111.'1 n. Total I4lut..aU. .... PoUt of IIPlct, 'liAR cum lod, Ibop, IPPI. OILY ..t fotal. Ialp.ctloa Ill., JOB IITI II IIDDLITOIR 11/12/" m.t1 II SUPPLIIIIMl'S IIOIIORrD UILI88 WPICTID IJD &mJIUID If lPPUIIIII. l'SII II ROT U IUl'SDBIltnOJ. III &Iill! UPUU 01 ICCIPTUCI (yt lPPRllSIII ~~ i/. ~......: tIl-:q.Tlh,/,Z. ?.{ ;1. LICIISII...... :; g~2'~' ~ ' ~~ . ... ;,..jvn...... " '" "i-....~ . -' .equ_....,_,- Corr TO ~.:~Jt-/I~/~~p~.~ 0011I -,"" /cj;~;J; r- " ,..' a.9:~. l ~l ~..~I6t,~.. ~__ tJO'l. ...l~.J. "'4., ffU.~r.~ ~~'.. . ~'~ ...~. j 'tort TOlIIJ1Ii !C'lllll :>'Ol,...ItID ~'DATI ..."....', ' ,.-,. ". '.' .. ~ILI"l M"i":f:r.'l~~;CV~':'l''''-'''' . ,- .,~-,~_...... ..&...:-~..._..,,,,,......."'.' . :-:":""',~l.';""'C' . . ;..'-.-.' .C!. . "'M. /IK~ ......'~.,_ . 'j II""~ :~-'1",rtl-!~~~?~r' ~i'\ '~:! 1i~ f .: 1 ,; I I ;1 i ~ ~, 11 . ~a~ ~ b.. ...:e} ;....;..~ -_.. ,..i.....I..J.,.J~...J.!.",. .~..L.,.__~~._., ..'t~ll.~ , . . "l,""~"~t ow"'~" ,.. .",,' "ft...,,,:,. .MI.......!..::oo....~_:.It,...i*.f,,..~---'!'_Ii41';;,;..,....t,. ;,t':L ,', f!tp.i'.4,l~103"' 'I\-::~r~:.~ -...-.... .~_. ~!p..."':Ui'q ~_~ ~.,'~: 11 I Isrr'!!! P.!C!L1 NUXBIR, 11/IZ/95 11.41.11 5J-iI19"5 "1Iea'll Data '.rslon, OCT_95_l Copyright ICI 1"', llleh.11 lat.rnatlonal PLEASE 'REAb1t11S~UQMER ON BACK Pig. Z of 2 - . _.. _._. _u_ Exh,b,' ~3 ,~'" . _._~ . " ..:,.'. . . ~.. . .:""' ...... ' r.lj... 'r 1 (.~. ..'11....... ~~F . ". ,,,'~:i!i ~.........""";.\'lt''"'' .; . . _ '. ...:1.... ..:.( - ,)'-.,111 . "~' . . .....~.~-......, .....~. .'. ""~. I ",""" , IWT ( DO In ( f . O' f ( I!UU \ UL m Ar t . ... \. ( I IfUp. nr' n m nnn _ ..:;" .__04'_______.4-;',_:_:."__.'__ ",,",.' [~U nn~ ~~ - -':~i~-~:;~'~~:''-~~;Ii~~~~': ~:.~ ~.:"",-'--:.".::~:.~ i~ ~~~;~~~f-;;21~~ ~~~'':= ~., ~-:~:. ~.~ :.:~~~: ~ ~ ~1 REAR BUMPER - -- ,.._c_';"'.~.,-' "_"I..;._,-:+Ec;~,~-:"2~~LAB?~~'E~'~RiND/~'00 ,.::-.... :"'.'. ..: _.:~. .._.. ...';.-:... HClOV.ER: RANDY A . t 'OP-REE R I' .: VEN PART NUMBER .-DEstRIPrION':;':.~~;=:-!lOTE' ~r" -: PRICE-'i"EXTENDE 010 ~216312COVER *********~**********' lB~134.00 134.00 0104103322REINF-,-:-.~--:-._ *********u********* .: __lB ,.160.00 160.00 010 ~205165ISOL' -iu.it***ii-"*u*****Hit-l-- >.=-2B.' 87.50 1'7~.00 .PARTS AMOUNT I ,.<it:';,1 469.00 .. - -~ . . --- ....-.--'-. -., --. . _. _. .' LAB AMOUNT . I' 141.00 LINE TOTAL - -DEPT..E._.IHS....--- - ----..' -.,. 6io.oo -. ... - .. .-. . -. - . :.:_~,,;,-:,::;~,,;,,'';'-''';''----=-_._., -., . . . , -------------------.----------------------------------------------------- " ..,' " . .. . A"R'T""'U Iv n:':;.,r.... "', "".469.00 " ,P ~ --... --I ,.- ,- It " ."_ ,...."SUPPLIES':""'~,. "'12.00 4 : ." ," .. i ~ ;;:: 'BOD'('-SHOP _'M). i' ~,.~." :.," . .' ""2'7. ~o LAB-BODY SHOP 141.00 . .. SUB-TOTAL : 649.:50 TAX, . 38.9'7 .TOTAL~CHARGES 688.4'7 . '. ,. ",CASHiDUE ':i.:.': 688.4'7 LABOR RATE 30,OO"'HR . .,-.. .- --.--.-:..,.~'71-:-:---._._-,.- -...' . . _.._ .. ...... .._ .. _..,..._.__~.._....J--_... ATTENTION------.-.-----------------------~~~~---------------------------- OTHER REPAIR ORDERS ON THIS VEHICLE: : ii, : '. : . 'ME . . ---'.':-::,----,-" PAGE 1 OF 2 : >>.t,~., I ~ . u_. ._~----"."r . I (., .:a.. ' . :(' '1,:. i "-"'.,.. . I .,.------. -...-- .,. . ON UHE SERVlCE IHYOICINQ IV rucil CUSTOMER -~---._----------- ----.-.-------- '11 " , CL ~r I ( ~ .: l ( I -" nn ~.! ... ~ . , o ( I! eur. ~npP ( ( UUU nnn , I. U~U nnn ( ( uuu n~~ ( ( uuu Hr. L -. '.' , """-";";'"':ftti5i1lif.~ .... .0 ,.,,,..,, .,.".\..u...:). . . . ~... , ............. ...-.._._~ -,': - .' T11UC:'-''' ( . .. ''''~'I Y . : - .: :'_.. --'12m ~ MARK~T~STREETS. ' '0 -I ~ ~~~,~. ' 1 I L..--L . A ... ... ..~>~ I I. (717) 761.670b '~I"I" ,() ':':llO:.If.l1! 1',~r'~~'1 M* ~..<\. QO, s:J;1QNDAY~FRIDAY. " _ :.'.--.-:-r.~J.. --.!l :..J~ :..!CL~..::'-.Ll::::; \' "J' A ~ "'" "tl~ :30 AM ,6:00 PM : _. . ~_,~!~."J~ ~."t~_~S~IUI1 'r.' :::::;~RE:~':r~O~ .:. _ ' UI tIJ'.'~ :_jJJ. ':! -' . . -, ','...........__.__TliEPARTSANDI.AIlOR. - 11.-.....1. I AU. PARTS ARE NEW UNLESS NOTED OTHERWISE, USTED BELOW ; . I x ' ' , , I " \ I I . I .. I, , :' I KROL-KIlIGf!r,. AIlIlIB__--'_ ,_.._', '-1'" '--' !G.;L~1 ,:...... C ._..P_.'~RO:..~~q282- 2 RICHLAIlD LIl ~ _ .-.: ...... " ',' 1P3BM44C ~79 ~' APT 208 .__!__~ ,-_:...__:-~-~:t~~:..'..-,~...:'4 . ~OUTB.. 11 1M _aDR.JIB~__~ CAMP HILL ;,.. PA'17011 _' UIVO~ED T: ._.03/28/96 13:17:3 ; I ... . I' I ~~ ;~-: ~;~.~~~- ~'.~;;.; - :~:~~~~;~~-i~'i;;i8~~r::-rf.j-- f"'. "f~- ~f-: ~7- ~:: i-~'-:~ -- -- 02129/96 ...__,:l1283...:.C_-:.Jl3~2B/?6'~i.-,-!L~ ,_,0~,.I\ ~ - "ur' .: 03/19/96 ::l2~:l3 C - 03128/96(P) .,So! "I, :.',..: i~\. ' ________________________________________1________________________________ IF YOU"'RAVE'ANY ClUESTIcltiS-:'-p'L:ifASE SE'B MARSHALCWENGLANO'-"';- .... ... , __ ._ _.__ ..... _. .. .__....~.._.._.4 _. ___ ._. __'_'_"_,'0' ._.~...- ---..,..-- L B SMITH FORD, :THE HOUSE THAT ,BBR C BUILT- ~\_--..,~-. -i - .. :',\ ME I I ''';',~ I ': i; I,. :: '\~ PAGE 2 OF 2 ,. 'd.;-:;.:j._'_.._;---'.-;"~::,- :et''-~(JC~~~'."\J~6:'1 ._~_. -.. ~-. -- _.___,IJ..,...,,.~-...- - -'l~" .;:-/ :-~- :i- - - ,','- ... -:; ; 1.1'." ,) .., .'~... ........,. . .-.;,'i..... ..;f. .'I:tr.,ql:Hi~'" I. . ,. - .!, ' ----,.-.- --- -::;ii,i::) --_._~ i~ . I . --. ....,:f1U..o;:1 M I ~ n' , ..". .... UL nr 1 .' " '. , .- ._- -. .--- -.. -..- - '-". --.-._-..-~;.. .. -:.;:.- : :-.~- --- - --;.;.-..: .:..::. .:-~::.::.~==-=-~:.-= ':";"-1 .", ...,: ':; :~": :_.i.... .'i'r:. )11:',I.:"~!1 mu-.J:: J'11 ~(: i:uilC.;t()'r.; :t.: fj,' -' ..' -.....I,,~ .', ';:r"'.'~'I,''';'li-~il'': 'f.:..,;.lJi,,~~.(m~oT.:yr.~..\'I: rn ::-J";lj...;1J':.-'; .; '.'. . -."'1" ...... ','--'.'Ir,.'" '-("II.'.......rB'.II/.'..C... n....,...I'..'J~..I..I": .~I . ~... .4 . ~....::I. .~ ~I . . ,........., , I I'.: I I ,.... ... , __.,.._. .. ._.. ..........._ __,___, _.4_._ ._. .._._. .' :1 ! ..1 _4.. __ ._._______.. - _. .... ..- .. '_.' :,-,;,;;"-::,-':.'.:..":~: -.~'\M-:Y7ti":i~ari ;~-.; '.+~~,.; -...-' 'j' .' -- - ,~.~'; ;..:~~._~_.:...-::~...~-~~..~.~~.;..c:~T!;~,: :. . ~..:~~~.~:'..~'~--".' , ." ...... ,.> .1. I . f'" . . .. ". . .~:!., j . . :; . ~ . . U~ ftr ~'''~l... of -- '... .. .-----T -r1~, "--T . - ..0' ,/.. . . __ ~:~.:~r. ...t.. ._~.J'.'_._'::~ ...~_~_I..- - ..~- . ..r,I.... .: . ON UHE SERVICIIHYOICIHQ BY I ucs I CUSTOMER - .--------..-----.-.-.--- -- -- _._-.-- , , , \ '.' .,t' , ~ '/' "",,' .' \ ',. ,"f t':' . . -,;:" \ .~. ..II'~;"\": ~ ~ II ,I, '., 1-' I" ' .j '1' ( ..' , ,i" 'j . .~ I . . " ~ ,'I.' \ . .'''"l _, V,'" t "~,;j I',., ,; I. .; I \'..';1 ~,'. ' .' , I '," .J .,'... , . ". I . ,I ,', .. I '. .... \ " I I .' . t ~l '.',; . . \- '-.', 'J t",,': '.. .. .. . ,....; '" . ,:; , , ;. ~ . '. ,.,,' ., '.," _, '. .. I, , .. , . .'.' .~. " " " " " " :. " . , , " " , III'~' ' AN..._ A. KROL.KNIGHT STEPHEN M. KNIGHT . (111)731.aB03 ':. ' .' ~ 2 RICHLANO LN APT 208' ",' , ~,"(, CAMP HILL, PA 17011 '~ 'Ii;'1iI>',.... I " '~'~'. ~ " ;,..~ 'D ;4< .;:.. 0,." ., I . ~t. ~ ~ '!. c.~ -.tle'; 1360 .~. . Of;: ': ' : --;1'.'- ~. .::..~\ .~_.. .:....... -:., ~lm31' 1011 ... ,~./ r~.'#".. 1':. . ~.'l_ .~ 1..~"t1 ,,""~:t-,,~,- . Mt_m=.,,:: PNCBAN~ ..>., ,.. .fl....~:: '... i PNC_NA'~" :- \~.fi)'riorily _. - " .'i!.,.' \;:o:J'.J1 ....b_...'" HI -..J:tXlWl .. ,1\ {t".i;( . ' . " '.'i . zt., ~~ '^ 00" ~ ~~~.. i'l1ZI'1-"'"':..~.It-.16J~ 1:0 ~ ~ ~ ~ 2 Hal: ~ ~r,o I" 5 ~a.o 2Qr, ~aau" . ...ooooor,anl. U ...;; I ANNIE A. KROL-KNIGHT:;b~~ * STEPHEN M. KNIGHT >:~/.~";- ..:t;'t::; ~..: I t717) 731-8803 "'_.* ...... ..~.__~ "'-A1lIl--. ~.:.:._.- ... 2 RICHLANO LN APT 20lI ," CAMP HILL. PA 11011 ~......., N\~ C!'I,~.9.i. ";, t' ":'[r.f.:; 'I" ,~ ;. , _I -- 1363 10-12131313101 $ ~O.S~ I f . ~ ,ll" .-- _.- _u_ ....--.-- - I. RENT-A.CAR I AUTHORIZED SYSTPlIIEMIIER III '. ,lIIiiil'-~ ~;iJi:JMfl""""!;" .12th & MARKET STREETS , .. ':'~,.: V~\"r1i,~.:".",,;aEMOYNE. PA 17043 ~ 5 IUIITLI. ~,;.,,~~I:":,:' ,~. '.'~60~s~~g~~~8.1~AY ...... ~ .;JtW'!Itt,..'1.lll"C..~' " ..' .. '. . I, ,,~ .: ' I, '. .,., . . ,7:30 AM .8:00 PM INlT '~':1, ~z:.r:..~ ~:~~;'..:: RE!'J~l.OCAnON".~ ~I ~t'~'~ OOPU 70 ,Oi """~""".':","" DEALERSHIP :365 veiICLEUNlfNO. 'Sf ... LJCENS,EP\.ATE ,YR MME' ;,.,. MOOn ....... ..,. ....ftl' PA, '-.61~32 .. rORD \iEHiCLE TYPE DUE BACK DATE .... .. t- 800'( COLOR ESC 'II: '03/29/96 l7 YO ' DAfE/nMEOUT . ..,..... ~ ~ . OOOMETEAOVT . 03/2'6/96 16'!'i6;I'~H:;~6515 DAfE/TU.lElH ..... J 1_..., '" I~ .~ d' OOQMETERIN .' 03/19/96 '16:60 ...:.'.' ,,~6687 RfHTER NAMi. AND ADOflfSS KROL-KNIGHT. AtWIE 2 RICHLAND LANE APT 208 CAMP HILL PA l7011 DRI'YER UCENSE NO, 23039282 ST EXPIRES P ~ ~I, '8 DATE OF BIRTH RATE CLASS 01/25/5 BS REVENUE LOCAnON HOIolE PHONE 'hORK PHONE (717) 737-8803 (7l7) EMPLOYER NAME MID ADDRESS BLUE SHIELD EXlN PfRMONTH MIUS ORf"EN FUELlN : i 8 RiEL c~aE5 lOCAl. CONTACT ... .' 172 : ..., ,",. .".. ....j...;. " ,I.. .'~, " I. .... '...... ~ "_',,/' ,. (1 2ND DRIveR NAME KNIGHT, STEPHEN DATE OF BIRTH 08/01/63 EXPIRES "lH"OIlA~ "'C(,OlHY''''" """'" DRIveR UCEHSE NO. 23039259 ST EXPIRES 'NPE PA 0~/3l/97 INDI 3RD DRIveR NAME DRIVER UCENSE NO. 5T 'NPE . X DlCUHlI - " RATE PER DAY 7.00 X RAll! PER DAY PREPARED BY '~r) t( 'MAR 2 9 ,"% -..Ie "ilK frK' I He . nUl '01' READ C EHENlllVIiICDLUSIDN DAMAGE WANER BV INITIALING. CUSTO 1\\,o\,oCt" I ~ OR OECUNES "COMPREHENSIVEJCOLUSION DAMAGE WAIVER AT THE RATES USTED ABOVE, BY DECUNING WAIVER, CUSTOMER ACCEPTS FUll. RESPONSIBIU!Y FOR ALl. LOSS-DAMAGE TO THE RENTED VEHICLE UP TO I PER OCCURRENCE, REGARDLESS OF CAUSE. NOTICe, WAIVER DOES NOT COVER LOSS OR X DAMAGE RESULTING FROM ANY VIOLATION OF PARAGRAPH" OR 2, PAGE 1 OF THIS AOREEMENT. FOR MISSING VEHICLE PARTS OR FOR INTERIOR VEHICLE DAMAGE OT}iER THAN NORMAL WEAR AND TEAR CAUSED BY VEHICLE OCCUPANTS INCLUDING ANIMALS, X DlCUNe. C/CDW IS NOT INSURANCE VERIFIED ,,"1~'.~~!:-1lI: .............,-.......'.. ....i., ~..~.\.j" W~NI~Q:.....~~-,t.; \f1~ .'n" t,r,..:',~ rtJt.-'If]" . RNd CIIWfIII/y" ng lU1CI.......IrlCUon. on Ihtt ...- lid.. "You 1ft rHpOnoIble'lor 011 lrIIIIe vloleUon. _ ...... Ium In III aummon... upon cheCk In. '-""'. ,..:" \hl~"I~~" " ...._ilI'_cIonliilrnniOd_.';:'.j.,',';~-,l!r:,', '., , ~.~." -..-- ....-..- .... ......I~...... ewno_ ......rM,j IiotIt lid.. '" till. .giotmoiif"iitd _ ID Ihtt llInnaandconcUUorilthelwof. ""1". I' ,.' ;.... '$ .>>{1~ .";" . ... cu~'mei .~'~'10'~~~ i~~".=-.~,If.ny, ln~'p_~~~1',.r'i";.:',: ", ~...-If .f\l..~J~:"~. ' CUal_ moy be .....-- "....,el.l. ne. mumocl_ duellodl. ,TlUS AGREEMENT SHOULD NOT EXCEED A 30 DAY PERIOD, CREDIT CARD IMPRINT AE DC CB VlSA Me OThER ,- '''l,,:t:_~:~;"'~: .~. CUSTOfolER SIQNAT\JAE ''''''1'.;..1 ~ ~ . ~ x [XP1RAnON OJ.TE ,\ E.hlbll . :#5 MOTOR VEHICLE ACCIDENT (ALSO HUll HI' ,_ 0lI Ui'OAIEI /G'W1 TODAY'S DATE: //),Jfr'7)" ,4, /t.~,":~ ~'Ci'/J- NAHE: COl)Jrmo.;Jj 2tJ../~ ADDRIlSS: .5 C6' U IC, 1..L4! 'l.ba.d- jJ t) /!oX..J au III PChdn./cal:k.t'u; fI &G 17'ti,;1:J PHONE NUMBER: (7n ) 7 vr" ,'/7uD Ar.. Code CLAIN NUNBER: rp 2- 1/ 8 9002 7 DA1;E OF ACCIDENT: 1-~J.-?r) TIME OF ACCIDENT: 0:00 tJrn PLACB OF ACCIDENT: ,AJ. 00 ~..J / s'r Sf. (J tJ'f"-tCJ Aid/ I k...... OY\ tJv ~1...r~ ' ,IlA ), J 1 rh . J DESCRIPTION 01' ACCIDENT, roo ...t.Ji~y p,"...1 V'"Cd~ I/VM .u lD~ ~ $Aop J./iR-, J I'IlVv..W( rJ1J(JJ..Ily VoeeuaAtI, p AfM !t-U~ JU (l/lJ It.A Q d l NAN!': AJt Ail AUTO INSURANCE: TYPE CAR: f)1 P/~Ir1<llJfll /)~PEIlD OF CAR: tt::f .,J,h.,,<<J!'.r DRIVER: /'f;i) no PASSENGER: y.. r.w::> SEATBELT:!.i.i AIRBAG: '-'Yes tic;) - InUated as designed: 'Jes no ' ARE YOU ABLE TO~RK: ~ ~ IF NO, LAST DAY OF WORK: REGULAR JOB DESCRIPTION: /5I.u.l. S It.Je1d - t.la.j~ eVOnt.t'>V-1. no RETURN TO WORK DATE: /1,1,9 b~l\.L f1l..U"- ~FULL DUTY DATE: PARTIAL DUTY DATE: RESTRICTIONS: I authorl~e the release cOllpany. ion '7489 8/92 of any medical lnformatlon to my_auto insurance (5tgnature)j\)JI,.,,,~ iLJrl\.o~.rAAA~ . (' H11l,60Ul!:! do] c~:m <.66T-ST-d3S ~'cO'd el~ (~ ~l~ I MOTOR VEIIICLB ACCIDENT (PAGe TWO~ , --- TODAY'S DATB: 1'f}--/6-f.5 NAME: K (l. b / -II" i flU- I A11.A..JG .,4. HEIGHT: .5 18'11. .. TEMPERATURE: q ;;.5- fO o COMPLAINT~: , ~haJ.1.r b-ztWl-l.-a- (i... btlC!.A; I~ ;(~ad . 1. 5ud-U..J,,- /JV c.L. Vt.. ,.u... /,.);-.... /wy: './;p b--it..~ -1J-i.1 ~ ~ tu..lLk. 't/lae.bJ~ n.. Ill'(~L ,. . /)(I~('L.u~; ltO"I..q~'") t~it:~ . J J1~,d.t4'V'ir:u' c;{~~II/IU-),;) 1/1- ,{iP.L:0..;V~~f. ~ b ,...,...01.,.. ("IT-. Mo t.';/"" A.altr.., c..:=::;y t.1.. L fJ fl.A<fL-J . r 0hlt1iVVUn-/ 1/--- O((c{~j ~ J:R4d. jaue.'-.- - M() pau d~ a.."...- MO J~ c/iI;j- H.. if /~~ ft6 ~IC--Y<l P'r t~ , /. 1'k, ~L W'".- ~ ~..2- &uJ~- t!lp~i~- /' r,J..L m~ - (f) ~ /.. ~i:::.. j:,t?j {} I - 'I ; 6'ay ~ ~~.# /.I(J ~~,... ~J- ~.Q ot. ~ ~ A, .) &..~ ~~ IChJ~ .....IL/~~ JJ f'~ 5j1-4 ~-".f~ !J,).l->>-- u-/~' .;...J..~ P~I I) f.u~~ _ ~ - ,/h.vx./L J"7/ I' Jj;n-t A-f: _ I }J /M.J~ _ ~... .. ~~) ..9<- f21P ~/(0'd Ol~ (~ ~l~ I HllfEDlJltI d<1 c~:Ol L66l-~l-d3S SEP-15-1997 10:41 ffi ELf'J:KS/1l TH 1 717 763 78HJ P.Ol/04 COMMUNITY FAMILY MEDICINE O:NTER __ Av,;q.. J<...""-k.......,)~r Data 'l1luIt ' ,'.' ',",1, ProlRSll' Note _........... ",.,.u.I , ' IOhJK 'Jc.. <::)" fA W.I .1 dJJ ~~. . k.J. 7_ ,. . <..J..:A .I..Ll.. ~ 1 _ ",P. ('I~. ".., J.L: 'Av,+ .s.c.~u> - I 1ft~. d!~ No' f,,,d,l., _ 4! 'JJ{ , " .;JP ,- n" }"l- "",,, J.. 1.~', /1:.. " T 7/ /JI1JhJ ./,d -:QJ; 1\ 'A.{) ",Mil ~ Ll. ,/.".) ". I // ..7?.J I'a I,I~ A ('A J d..J /' } ,/" I, , '1. . 5', R"". T.-I "L UAI I" 'J, " ~.L .I r , ..---. ( L~ '> -7 -- - - --.-. -- , . . ,..,....~..... -- '1 l>\J'.J ~1O! y, -- ... ," COMMUNrfY FAMILY MEDICINE CENTER W-~~ :. ~ ". :,... ..' .'; ""- _.;f\I\'~II'~ ' 1 . ou.~,' ,'l1JDe'" ,. I J ',/6tl I./:Q)Ptyt. I · IS1J'.1f' .I UN 11. () . i=- '.I ~. ,. ~ 6: ~4. LJ - ':~'~'.:..I~'j~,"':,". '.:' , ",' "'rrocr-Noee_..IlooM.......I. " I' ,-<1~.JV_ A~ OW '/ iJ.~~ c. (J- I ~ ... ..J. \ _ It:: I., iJq JIA . ~ ....JJ. fJ~ ~ ' Q....~ fb....J... ...... u. l:!l f),t..J 'i Q l An. / Ih.. J..-f/.. - ~ , /' i .~ g p. i . ~ I \ ,. , . J \ i . ~ M .1I,i ~ uw . , J.h 1\ ,.J ...... ~ IL ~.'.t... _ ..JL" ~~ ~ akJ - ,,,,," . .... :b:t.!1... w AI.," .o.L... _ M. ~ <tA. l.... ~,'.L. r o/.k fJ-J. A"'J~~.,y i!/i.o.- J.oh" '" 1M $ ..~'k ~ ..I~ '1::"'" _ /,h / /:;;;K'7iT . I 0' . f.tI [f ~ X l:!!; M I , , 'J :oIiCC ~:.. J. ..J... ~ /110_ .1M.. ,j ~ ./.:tII At// f~ dI.. ], V , IA-.. ~ - 7!1==L UIA._ . "" L~ "'^" f , , ~ ~ , ";iF J/, J", /lUlL A J'~A>lI- "'1f1 ../liL ., .IL ~ /IA' ,... --L...1.-. A, ,U I' .L._ 11J.a'\\f1 7-/J k\t'\ ,~..",.d^ @tl ...... ')(' J - , ,,,,,1 II\AI10u-......,- {\fl. /1.,,0 f) ~ , . re I ('.e.rll~/\rr ^llM' :",,' , .,." , , , ~/~'d 0t~ (9~ ~t~ t HlI ~lSl:<J'tI "J \:~ all '-6b l-~ l-d3S . " Exhib'l =#1tJ ..... .-' __ - '" "'f*..::~ . . ......... . . ... ,,- ~ /"": - . . OR._.OPEDIC INSTITUTE OF PENNS\_/ANIA (717) 761-5530 Patient: Annie A. Kro1 Knight DeB: 01/25/56 SSN: 122 50 4424 Chart #: 09824212 Page # 6 -..--------------------------------------------------------------------------- 1~/03/1"7 RONALD N. LIPPB xc LBvu. TBUB Trindle Road Office CHIEF COMPLAINT: Annie'e a very nice 39-year-old woman who's been having difficulty with her neck off and on since a motor vehicle accident approximately two years ago. HISTORY OF COMPLAINT: She apparently was etruck from behind and had a great deal of pain in her neck. She originally sought ~are from her family physician and subsequently saw improvement in her neck, Unfortunately, recently, the pain returned, The pain is in the posterior aspect of her neck with radiations to the occiput. It's worse with strenuous activities, especially riding on amusement rides. She feels better if she puts heat on it and does her exercises. She denies any pain down her upper extremity. She states she has been able to work and sit at her CRT. REVIEW OF SYSTEMS: The patient's review of systems, past medical history, farr,ily history and social history have been re-evaluated and reviewed. PHYSICAL EXAM: On examination today she's a thin healthy appearing woman in no acute distress. She has a satisfactory range of motion of her cervical spine. Neurologically she's intact in her upper and lower extremities. She has no long tract signs. Her distal pulses are strong. Her gait is normal. DIAGNOSIS: It appears to me that Annie. had a cervical strain which initially improved but now has returned with neck pain. PLAN: We discussed the importance of aerobic conditioning, avoidance of offending activities and participating in the appropriate exercise program. I told her if her symptoms do not improve, to bring it to my attention. RWL/ram , ,. -1r-;;;i~. ~ JO"/. a t ~;'T1 ?! ~ F ~ ~ ;ii... ~ ,.f J: R' ~ ~ :1 ~ Z Q .::::! ~ VI ... N :--: ~ ~ .0. ~ ~ ~ ..... > -I l"'" .:. ~ "'" 0 ".. 0 ~ fl~~ . ;l ;1 0 ~r-ig aU" , 0 ,. 0 a '" :; ~ z ~ ~ ::<l ... o ~ !T1 o !TI en ~ o -l . ~ ~ m ?> !:j o r;- ~ Ci =i ~z 1ll~ n~8 ~~~ t"'n-l >00 B~~ O::;!O z. ;::: ....;::: s:~~ ~Vl'" rst"' <~ >Vl zO s:'" (") <" n C' c.) " .. :1: ., ffi! . I.!) ...~ , ;;- ".n _. I I ~J , t.-.; , .. (~ ~ , '-'1 .,. -;..:1 .( . , jl " , ., J ,- .! ., . c., '. CERTIFICATE OF SERVICE I. Tricia D. Eckenroad. an authorilcd agclltlur Manson. DcardorlT. Williams & Otto. hereby ccrtify that a copy of the forcgoing New Mallcr was servcd this date by dcpositing same in the Post Office at Carlisle. PA. first class mail. postage prepaid, addrcssed as follows: Susan K. Candicllo. Esquire Gates & Associates. P.C. 10 13 Mumma Road Suite 100 Lemoyne. P A 17043 MARTSON. DEARDORFF, WILLIAMS & OTTO r cia D. Eckenroad en East High Street Carlisle. PA 17013 (7 I 7) 243-3341 Dated: May 13. 1998 . ..-..' , -.... _.~~... .. ..' .".. .. ~. _. - -- -- ~ ~ () > ~ ;0. ::j ~ " iiJ > r-' z;l ~ U1-1mO r-' '" ;;i ~ . f'1:t. >;;l ~ ..,111 :z '" ~. In;;; d 0 ~' Z-i n 7. ~ z: 0 (:. ...._~ ~5~o ~ rJ:viO ~ ~~~3 ~ zm ~ ~ ~~' -... ~:J ;0. >> -l i '-- r >> <! " ~ ~ ", :<l .... o ::t: Z tT1 Cl ~ ~ !J ~ :;: Z ~ ~ ~ '"' ~ ~ 1$ ;lo Z z m ?- ~ o .... . r: z 9 ~ -l n ~z -...; t:D::t: "'m ,,~8 -Zc: ~O;:z:l z....,,-l O;loOO ~B~~ :2:0:!~ '-' z. .. I."oJ I "a 3: ....",0 >zz ~z'" "'.... -<", ~> >'" zO -", :> () ,0 n '.....1 -;1 " -;] , i71 ,., , ::.:; I , . " "" ,'-' nl { , \:1 , C... I . I ~ ....... ., i " .. ! '. ) ..:J I t ::1 '.11 ..: , (fl " i', i~ I -- ~ .'~~I~.I;:~ -- ._~ .~ .."?Jt- ", , ~ " C:z ~ :::...; ~ >> ;:. ~::t: L ~ ;em '" '" .... ;lo ...." c: z;J ~ 0 Z ("):>0 ~;;l~o :: z -zc: !" z ~ rn ~ z m ~O;:z:l "j~ G - ~ "" tT1 ?- z....,,-l ~~ 8 ~ ~ ~ Cl 0>00 Z:I: ~ ~ ", :< ~ :COc:'" U)....c '" " '" ....._zr; -<51 z 8 ::;; " 0 0.0:;10 ~ffi ~ '" ~ ", ::t: r;- ;: z. ::: :> oil ~ ~ ~ ,~ . "'tI ~ ~ e:~ ~ Z ....",0 >> :J ~ ~ Ci >zz - .;~ .. ::t: ~6i"" ?l !; ...; -<.... ~ ....", '"' <! <:> ~ :>'" 1$ zO -", :> C', , ;"; '-.1 " '.. IJ ~.. ' ,. .,1, ,.#f . . . I -.... ' ~ -. I . r. n .. '. .. . . ,- .. . . . . . . f HI I \U...r.Ull.l, l)l,l~Hj"l. I)U..'1!8.1'M..-\ Iloif l'IWCtl 11~~1 '1111\ H I'll'\! l(C"unl '1; !\'i~ll! \1 l1rM v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-5133 ANNIE A, KROL-KNIGHT. Plainti ff JOHN E, GESCHWINDT. Defendant CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Issue a rule upon the PlaintilT to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros, MARTSON, DEARDORFF. WILLIAMS & OTTO BY~Nv J WJt-"-. Thomas J, Willilms. Esquire Ten East High Street Carlisle. P A 17013 (717) 243-3341 Attorneys for Defendant Dated: February 25. 1998 B..ULli AND NOW, thisd5il'day of February. 1998. a Rule is issued upon the PlaintilT to file a Complaint within twenty (20) days from service hereof. " . ~ ~ n )0 ~ ). ~ ~ ~ ;tt)o c .. ~~ 6 ~ ~ ,tn'" ,Ii"":,\ .-. ;.-. ;;; ~ ~~~6~ z.. z" Z:t r,;.:.~ en _ ~ l'"' ". ~Cl Z ~ r":l: 'n 0 ....... <~ ~ z;: ~ >" r" o~, ZI'!1 O;u ~~, .m::rl , ):'-i 1,.. j ~ ~ 0 \0.. -i Z <;: ~ :< :> z z m ?- r: El .... ~ Cl ~ =i " c:- :::Z t:D:::l m~ ;:om ....'"l 1"l>0 <!zc: -0:<0 Zr-,,-l O;loOO :COc:", ...._Zl"l ':"0:;10 ;:;Z. ~ ~. "'1:1 ~ r-mO >zz ~z"" fr._ -<' ....m <> ;;.fr. zO -", ;;. '~ \ '. ,: I" . .' ~ '. ~ ., . 1 -- -~ ~- - ~ -. - ~ . ~. L ..,.... 4 . o ::t: Z tT1 Cl m CIl !J il z ~ "" :<0 > m I"l ::;; m -. " ~ 1; ~ "L~- f ~1l1 S UAl VII 1: OO"H."I IMM'I:I rltA I W~ Crnatnl W:II,IlIJIH I'H\I ... 11,,,...,1 1I:..I'JI').4:I,III,\I v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO, 97-5133 ANNIE A, KROL-KNIGHT, PlaintiO' JOHN E, GESCHWINDT. Defendant CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Enter the appearance of MARTSON. DEARDORFF. WILLIAMS & OTTO on behalf of the Defendant in the above matter, MARTSON. DEARDORFF. WILLIAMS & OTTO By .,~ J /N'<d'~ Thomas J, Williams. Esquire Ten East High Street Carlisle. PA 17013 (717) 243-3341 Attorneys for Defendant Dated: February 2, 1998 .-,'j C._.' 1<,..' ._-~-)< ( ! ,.,.~ ::~h~~' r 1. if, wLu bi-,;.~ng dull' sworn CiccordlHg :i:; 'J~dt tir.;' r~L'1,j;;1 ~.l '~lll(J';;;'nt_ ",,;C-:ll"':.:h arid inquirl' for the \.iLl.h':'rl .;: t-) \tilt: GE~~:fIWltl[~I. J:~:ill~-i ~___.~...E:.-__. ..~._.,.._-- .-,,-..-..-..--.---.,----.--.-,,----..-. ,-.._-- _._.._._~_._-_. ,,--..-.-.---..-------'-..--. '. i.j > ~, .-. l,:i;::.j t.,:.:, _._______..J.1: E\ .__.~ 1 n h l~:; L 3111. ',( lr.:.~J.:. fit? th(.'l'L.t0f"':' th.::' 11: f 'fUEl': F'CnfLJY 1 V,ln.l. d. .~ ; , o ~. CI.JUil t)', (if:' '.i.:..thlfi ..liI{IT fJf-' '~:'1 Jl1 MiJ H';; ----------- "lll _,r,~~:.t.~.lJutJ....._..;~~'JJ).L__LJ.~r?___.__, t'.h1.G iJ.tticco wa~~ lfi fl;."'r.:elpl CI . , l i_ ~_ ... .th?iJ r-~?t Hen frr)rl1 __.....~LQ;-;r: CtJl.Jntj', P'~-nfl;;;yl"'Bnii..l. t;,... ':' a,,,,w,,},.r: /;) ? ~../.f~-:~//::'-.;::;~/~<-"-:::~;:;~/ 7,>?:-~ ..'1:.~ ~. ....'"-:;-:-::-:---~~. '-"\',,- I" l.i:.' ".,lo., ;...... ,,'~', 'h'. ,..1 1.... . t, ! ~- 'J' ')n!'. y 1.3. ('It? '~j. (:'1;.1 2.IZ\(:' .i 1 . "':: ;!. ;, ;!!:;). /:J ,..- h. .. lATE:: C_;/, TE;~~ A!-i!- 1 (1 , I ~.' . .. .~ .,i-:! rhO' \..'~, : ,)'1"'" en lOr-i ___t.~,._..__ Y~~R;):~:~.~:_.. 'l- - ,,___-.,._ -, ..1,- ~ ~ -. . ,. , .' . 9 ~ ~ ~ ~ ~i~ w ~ '" > i ;;I t"1~ '" t<l ~ !'1 i!l tIl H ?> Q n ~ tll J p Ro... ~ ~ ~ l!! ~ < iil I ~ 00 >~ . t" ~ I~O tIl " ~ I ~. 8 ~ tIl :!! ;s~ ~ o n t-l C"l ::: ...,. S' g 9 'tl~ '" 0 f1) ~ :;: 'i: "l 8..~ ~ I~ ... - z ;;I I ~ ~ f-'. ~ ..., ~ tIl ... ..., ~ . z ;;: "l:l ~ ~ n . ~G'R ~ ~ " -...J ~ e:l ~ ~ ... -..<.J.t W " ~ ..., ~..:~ CJ(~. ...... -'JI'r- ( !~. : f':.t, --=: ." (-~ _)O,e'*) vi-:: ~ ..0 0 -J 'n U') -., 0'"'1 .,.....,., ~ ;'~ld ",:<8 N .)0 '-!~l ~ .~l~~ ....1") i.~),n .- ~ N ~ - -!'--.. ~ , o..~ 1 ,-1 ~ ANNIE A. ItROL-INIGHT, Plaintiff VB. IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW No/l7- ~-11~ CIVIL TERM JOHN B. GBSCHWINDT, JR. Defendant PRAECIPE rOR WRIT or SUMMONS To: prothonotary, Cumberland County Court or Common Pleas Please issue a writ of summons to the defendant in the above. captioned action at the fOllowing addrossl John E. Geschwindt, Jr. 24 Corvair Drive oillsburq, PA 17019 Respectfully submitted, c::, J. 110, Attorney I.O. # 4998 GATES & ASSOCI ES, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731.9600 (Attorneys for plaintiff) Dated: September 18, 1997 .. , ;;f;~~ n .... )0 , , ....' 0 =' , , < ::r =' , ....' =' ....' \Q I . ~ wi ..... l1) .... , _ ir' t'1 I I , i~H )0 , )0 U1 , n r ..... , rt Cl .... , , I ....' l1) :>; .... >' I 0 Ul '1 s: =' n - 0 n I ::r ..... ....' j! , I -: I < i;t I ....' :>; ....' , t"' =' =' ..... , , , .... rt . , III S' 0. ....' I l1) "Cl , -: rt 10 . . I I n ::r I ..... . I rt , s" , .... , I '1 r , ! I , , , I I , . I ANNIE A. KROL-KNIGHT, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I I V. I I I JOHN E. GESCHWINDT, JR. I NO. 97-5133 CIVIL TERM Defendant I I CIVIL ACTION - LAW IN REI PLAINTIFF'S MOTION TO AMEND COMPLAINT BEFORE GUIDO. J. OF COURT ORDER I~~ day of NOVEMBER, Plaintiff's Motion AND NOW, this for Leave to Amend Complaint is GRANTED insofar as she may amend all references to John E. Geschwindt, Jr. or John E. Geschwindt to read "John K. Geschwindt". Edward E. Guido, J. Susan Kay Candiello, Esquire For the Plaintiff c....IJ,~...., "'l<ld,,{, II/IS /91. , .JJ~ Thomas J. Williams, Esquire For the Defendant :dd .i ~i ~<f;'" I' V. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I NO. 97-5133 CIVIL TERM I ANNIE A. KROL-KNIGHT, Plaintiff JOHN E. GESCHWINDT, JR. Defendant CIVIL ACTION - LAW IN REI PLAINTIFF'S MOTION TO AMEND COMPLAINT BEFORE GUIDO. J. OPINION AND ORDER OF COURT On September 22, 1995, Plaintiff's auto was involved in a collision with an auto being operated by John K. Geschwindt. John K. Geschwindt was only seventeen (17) years old and was operating a car owned by his father, John E. Geschwindt at the time of the accident. On September 22, 1997, this action was commenced by a praecipe for a writ of summons filed against "John E. Geschwindt, Jr." The Sheriff of York County served the writ of sununons. His return of service indicated that it was served upon "John E. Geschwindt, Jr." by handing a copy of it to the said "John E. Geschwindt, Jr." at 24 Corvair Drive, Dillsburg, Pa. 17019. No person named John E. Geschwindt, Jr. lived at that address. Both John K. Geschwindt and John E. Geschwindt lived at that address. Service was actually accepted by John E. Geschwindt.' On February 2, 1998, defense counsel filed a praecipe for entry of appearance. The caption appearing on said document John E. Geschwindt denies any knowledge of what the writ of summons was about. NO. 97-5133 CIVIL TERM deleted the "Jr." from the name of John E. Geschwindt. Defense counsel's praecipe also indicated that he was entering his appearance on behalf of John E. Geschwindt rather than the "John E. Geschwindt, Jr." who had been sued.' On February 25, 1998, defense Counsel ruled upon Plaintiff to file a complaint. On March 18, 1998, Plaintiff filed a complaint using the same caption as defense counsel, i.e. referring to the Defendant as John E. Geschwindt rather than "John E. Geschwindt, Jr.".' After the filing of various responsive pleadings it eventually became obvious to Plaintiff that the operator of the vehicle was named John K. Geschwindt, not John E. Geschwindt, Jr. On August 28, 1998, well after the expiration of the applicable statute of limitation, she filed a Motion for Leave to Amend Complaint asking to change the name of the Defendant from John E. Geschwindt Jr. to John K. Geschwindt. On September 8, 1998, this Court issued a Rule upon Defendant to show cause why the requested relief should not be granted. We further directed that the parties proceed in accordance with Pa. Rule of civil Procedure 206.7. Defendant filed an answer objecting to the 'The caption on all of the pleadings filed by defense counsel refers to the Defendant as John E. Geschwindt rather than "John E. Geschwindt, Jr.". 'In the complaint Plaintiff alleges that the Defendant "John E. Geschwindt" was operating the vehicle involved in the accident. She further states that he "is an adult individual, but was seventeen (17) years of age at the time of the incident...... 2 NO. 97-5133 CIVIL TERM requested relief. Petitioner did not take depositions or otherwise add to the record.' Briefs were filed and argument was held. This matter is now ready for disposition. DISCUSSION Defendant concedes that the Court has broad discretion in deciding whether to grant leave to amend a pleading. Hamilton v. Bechtel, 441 Pa. Super. 390, 657 A.2d 980 (1995). However, it is Defendant's position that Plaintiff is actually seeking to add a new party to the action rather than merely correcting the name of the party. Citing 8nderson EauiD. Co. v. Huchber, 456 Pa. Super. 535, 690 A.2d 1239 (1997) Defendant argues that we should deny the request. The applicable law governing our decision was set forth by the Anderson Court as follows: [I]n cases where the statute of limitation has expired and a party seeks to amend its pleading to correct the name of the party, the issue is whether the proposed amendment adds a new party to the litigation or merely corrects a party name. 'If an amendment constitutes a simple correcting of the name of a party, it should be allowed, but if the amendment in effect adds a new party, it should be prohibited.' (citations omitted) 'The relevant portions of Rule 206.7 provides as follows: RULE 206.7 PROCEDURE AFTER ISSUANCE OF RULE TO SHOW CAUSE . . . (c) If an answer is filed raising disputed issues of material fact, the petitioner may take depositions on those issues, or such other discovery as the court allows, within the time set forth in the order of the court. If the petitioner does not do so, the petition shall be decided on petition and answer and all averments of fact responsive to the petition and properly pleaded in the answer shall be deemed admitted for the purpose of this subdivision. 3 NO. 97-5133 CIVIL TERM 456 Pa. Super. at 540-541, 690 A.2d at 1241. In the instant case we are satisfied that the amendment should be allowed. In the Anderson case the plaintiff originally sued several Defendants including a "John Doe 1". Upon discovering that "John Doe 1" was actually Anderson Equipment Company, Plaintiff moved to amend her caption to reflect the correct name of Defendant "John Doe 1" as Anderson Equipment Company. Leave to amend was granted by the lower Court. On appeal the Superior Court reversed stating: It is readily apparent herein that John Doe 1 is not an incorrect name of Anderson Equipment Company. John Doe 1 is an entirely fictitious name for a fictitious entity having no relation to appellant. Anderson, 456 Pa. Super. at 541, 690 A.2d at 1241. In the case before us the Plaintiff cor.rect1y sued John Geschwindt, the driver of the vehicle. She merely used the wrong middle initial and an inappropriate suffix. Therefore, it is distinguishable from the Anderson case. It is readily apparent that John E. Geschwindt, Jr. is the incorrect name of a real person, i.e. the intended defendant is John Geschwindt. Defendant also relies on the case of saracina v. Cotoia, 417 Pa. 80, 208 A.2d 764 (1965). In that case the plaintiff sued "Anthony Cotoia, a minor," for injuries sustained in a motor vehicle accident. The defendant, Anthony Cotoia, responded in his answer that he was neither a minor nor the operator of the vehicle, but that he was the father of Robert Cotoia, who was the operator of the vehicle involved in the accident. Plaintiff 4 NO. 97-5133 CIVIL TERM sought leave to amend. The Supreme Court denied the amendment holding that "an amendment of the complaint, after the statute of limitationR has run, to bring in a new and distinct party to the action cannot be permitted." Saracina, 417 Pa, at 83, 208 A.2d at 766. However, the instant case is clearly distinguishable. Although there were two John Geschwindts living at the Defendant's address, there was no John E. Geschwindt, Jr. Therefore, unlike the Plaintiff in Saracina, the Plaintiff in the case before us did not sue the wrong individual. As noted above, she sued the right individual, albeit using the wrong middle initial and adding an inappropriate suffix.' If Plaintiff's caption had merely named the Defendant as John Geschwindt there is no doubt that we should allow the amendment to add the correct middle initial so as to avoid confusion with his father.' Likewise, if Defendant's father were named Albert rather than John, there would not be any question that we should allow Plaintiff to correct the caption. We see no difference in the instant case. Therefore, we will allow the amendment. 'See also Powell V. Sutliff, 410 Pa, 436, 189 A.2d 864 (1963). 'In all likelihood, the Defendant himself would have requested such an amendment. 5 NO. 97-5133 CIVIL TERM AND NOW, this J 8-d, - ORDER day of NOVEMBER, Plaintiff's Motion for Leave to Amend Complaint is GRANTED insofar as she may amend all references to John E. Geschwindt, Jr. or John E. Geechwindt to read "John K. Geschwindt". By the Court, /s/ Edward E. Guido Edward E. Guido, J. Susan Kay Candiello, Esquire For the Plaintiff Thomas J. Williams, Esquire For the Defendant :s1d 6 I'm_ES !JArMIU ItJlt~I'l SO III r \Ill CU.IInt 1~~:."l1lH ll~. :,\! Itc"lC'\t 1~"..... 11 ,. "'I "'I ANNIE A, KROL.KNIGHT. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO, 97.5133 JOHN E. GESCHWINDT. Defendant CIVIL ACTION. LA W CERTIFICATE PREREQIJISITE TO SERVICE OF A SIJBPOENA PURSUANT TO RlJI E 4009,22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22. Defendant certifies that: (I) a notice of intent to scrve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twcnty days prior to thc datc on which the subpoena is sought to be served, (2) a copy ofthe notice of intcnt. including the proposed subpoena. is attached to this certificate, (3) no objection to tht> subpoella has becn rcccivcd. and (4) the subpoena which will be servcd is idclltical to the subpoclla which is attached to the notice of intent to serve the subpoena, MARTSON. DEARDORFF. WILLIAMS & OTTO By-r~ 1 fAA,li--. Thomas J, WfH<ams. Esquirc Ten East High Street Carlisle. PA 17013.3093 (717) 243.3341 Attorneys for Defendallt Date: December 8, 1998 /' '3..1 o \ , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA NO. 1)7.5133 ANNIE A, KROL.KNIGHT. Plaintiff JOHN E, GESCHWINDT. Defendant CIVIL ACTION. LAW SUBPOENA TO PRODllCE.DOClIMENTS OR THINGS FOR DISCOVERY PURSUANT TO RUL.liAO()<) 22 TO: Mahmood Nasir M D 512 Market Street Sunhllr:y PA 17801 (Namc of Person or Entity) Within twcllty (20) days after scrvicc of ll~ir~g~~~roena, you arc ordered by the court to producc the following, documents.or things: Ihc.,priginal subpoclla sp.c~ifically requests: Your complete records pert:"nln!! to Annie A Krol-KIlI~b!. Oil B 1l25/58~..s # !21.5D.ill.'!.~n.d.!b.!l billillll for same. includinll without limitation all olliee noll:S.COIIl:sppndence, nlemorallda. reports. forms, results of tests or stuilics...(b.u1not actual films)..CJ.ll1SlIltations referrals alld tbe like at: Tbe [aw Offices of Martson Deardorff Williams & Otto 10 East Hi~h Strcet Carlisle PA 170 I J at <)'00 a m on Januar:y 8 1<)<)<) You may dcliver or mail legible copies ofthc documellts or produce thillgs rcquestcd by this subpoena, togetber with the certificate of compliancc. to thc party making this request at the address listed above, You havc the right to seck ill advance the rcasonable cost of prcparillg the copies or producing the thillgs sought. If you fail to produce the documellts or things requircd by this subpoena within twenty (20) days after its service. the party serving this subpoena may scek a court order compelling you to comply with it. This subpoena was issued at thc request of the followillg person: Allorney's Name: Thomas 1. Williams Esquire Identification Number: 17517 Address: Tell East Hi~h Street Carlisle PA 17013 Tclcphone Numbcd717) 24J.J341 Attorney for: Defelldant BY THE COURT: DATE By (Prothonotary) Seal of the Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KROL-KNIGHT Vs. NO. 975133 GESCHWINDT CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 THOMAS J WILLIAMS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intp.nt, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 1/5/01 THOMAS J WILLIAMS, ESQUIRE MARTSON DEARDORFF WILLIAMS TEN EAST HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT , '- INQUIRIES SHOULD BE ADDRESSED TOI MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Angelique Cianci File #: M270040 '."\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KROL.KNIGHT VS. GESCHWINDT No. 975133 TO; SUSAN CANDIBLLO, ISQ NOTICE OF INTENT TO SERVE It. SUBPOENA TO PRODUCE DOCUMENTS AND TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.11 DEPENDANT intends to serve a subpoena(s) identical to the one(s) 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: 12/11/00 THOMAS J WILLIAMS, ESQUIRE MARTS ON DEARDORPP WILLIAMS TEN BAST HIGH ST CARLISLE, PA 17013 ATTORNEY POR DEPENDANT I.CUnUS SHOULD BB ADDUSSJm TOI MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA. PA 19135 (215) 335-3590 By: ADllelique Cianci Enc(s): Copy of subpoena (s) Counsel return card pile II: 112700to , ADDENDUM TO SUBPOENA KROL-KNIGHT Va. No. 975133 GESCHWINDT CUSTODIAN OP RECORDS FOR: OR MAHMOOD NASIR ANY AND ALL RECORDS PROM OCT 1999 TO NOV 15, :1000. PERTAINING TO: NAME: ANNIE A KROL-KNIGHT ADDRESS: 2 RICHLAND LN CAMP HILL PA DATE OF BIRTH: 01/25/56 SSAN: 122504424 CER'lu'J,.t;J) PHOTOCOPIES OF TIlE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR Pile I: M270040-01 r: 0 0 ." L.. , ... ~~.- '11 "tJw :~ I' ;r. , 1,-> -ft: ,'.n't '.0 .':9 f'.~) I"'J b -1_.. ;.:: :r>- :'. .:i ic. :1: ~.!() .~ - clfrl - .. -I ~ ;.) ;g .. -< L , ANNIE A. KROL-KNIGHT, Plaintiff I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY I PENNSYLVANIA I VB. CIVIL ACTION - LAW JOHN K. GESCHWINDT Defendant NO. 97-5133 CIVIL TERM NOTICE OF LIEN TOI John K. Geschwindt, Defendant, and Thomas J. Williams, Esquire, his attorney. You are hereby notified that Plaintiff Annie A. Krol-Knight and her attorney, Susan K. Candiello, Esquire, have agreed to pay the law firm of Gates & AHsociates, P.C. a percentage of any settlement or judgment received from you in this action as compensation for services previously rendered by said law firm in connection with this action, and you are further notified that a lien for such attorneys' fees is claimed on the settlement or judgment proceeds realized in this action. Plaintiff and her attorney have signed below to indicate th ir consent to this lien. DATE: ~ P.C. B GATE. & AS~.IATES' LOWE ,I, R. GATES, ESQUIRE DATE: ,)\'S\O\ ~V\i~~\u..~Q "'{),,w, LJ ANNIE A. KROl,'KNIGHT, P'LAINTIFF (,~ PLAINTIFF DATE: --~-~.F-'_:,:.:.,-:--.....~",,' \ ~ CERTIFICATE OF SERVI(:E I, Lowell R, Gates, Esquire, of the law firm of Gates & Associates, p,c., hereby certifY that I served a true and correct copy of the foregoing NOlice of Lien. on this date by first- class United States mail. to the following Thomas J Williams, Esquire Martson. DcardorlT, Williams & Otto Ten East High Street Carlisle, PA 17013 (Attorneys for Defendallt) ow II R Gates, 'squire 1013 Mumma Road, Suite 100 Lem yne, PA 17043 (717) 731-9600 Date: ~HIJ8D{ n c- r-. , -. I I";; -~ , , i " \ L-i 1."::- r:': '. ~~': ~.': :i-: '- s..) ~; ." , . L, ~, .. .' f flll'IIHMlIll"I~II,\I.1I11C 1:.rll.\;\Jot t rt...~,l I"!I 'It..1 'I I'j ..,. In 1It'''' I; (. III "I ;" ~ I 1'\1 AN:-IIE A, KROL-KNIGHT. Plailltiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO, 97-5133 JOHN E, GESCHWINDT, Defendant CIVIL ACTION - LA W PRAECIPE TO THE PROTHONOTARY: Plcase mark the above captiolled case settled and discontinued and issue a certificate reflecting same, LAW FIRM OF SUSAN K, CANDlELLO. P,C, Susan K, C 5021 East T' cRoad. Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Attorneys for Plaintiff Dated: ~~l-\ .;l.00\ I O:RTIFlCATF. OF SF.RVICF. I, Tricia D, Eckcnroad. an authorizcd agcnt for Martson. Deardorff. Williams & OliO. hcrcby certify that a copy of the forcgoing Praecipe was scrvcd this datc by dcpositing samc inthc Posl Office at Carlislc, PA. first class mail, postagc prcpaid. addrcsscd us follows: Susan K, Candicllo. Esquire 5021 East Trindlc Road. Suitc I DO Mechallicsburg, P A 17050 MARTSON. DEARDORFF. WILLIAMS & OTTO ~~c~~~~ Tcn East High Strect Carlislc. P A 170 \3 (717) 243-3341 Datcd: Januury 4. 2002 . , . () l::t , , r.; "" " .~ '- i}i-':. :;--.... qJr:' ~:: ~'-.~ -; rit' . _. ~~: "j~; '-'. 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