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Home My WebLink About98-05990 I ~i ~ " " :r '" ~ ~ -{ ~ ~ ,Q -t::: ~ '" '::., It ...... v1 ( ~ ~ - - , ..:1 ~.J ,j \';- ~ \c1 ~ <.:> .1;;) -< II'RI{Y I , S()I ..\, 1'1.1111111'1' 1:\1111: ('(J{ iln or C( ).\1.\10:\ 1'1.1 ',AS 01, ('I '.\1111, R I,\:'<; I ) cot ':\ I y, 1'1 :\"S YI\'A;, 1.\ \, ('1\'11 ,\< 'liON - IA I\' :\() Q?'.:5990('I\'1I NATI( ):\\\'lIl1' .\11 'II 'AI I:\SI K\:\( T CO.\f1'M,Y, 1>CJC:lldallt. : .IlIi{)' TRIAIIlI:.\I":\IlI:1l NonCE You have beell SUL'd in court. Iryou wish 10 derend againsl the claims set "nth inlhc rollowing pages, you must lake aL'lion \\'ithilltwellty (20) days aller this Complainl alld Notice are served, by elllerillg a \\'rillell appearanL'e personally or by allorney and Jiling in writing with the courl your dclellses or objections to the claims selli,rth against you, You arc \\'arned thai ir YOUlilillO do so, the case may proceed without )'OU alld ajudgmentmay he elllered against you by the court wilhout 1l1rther nolice l'or allY money e1aimed illthc Complainl or lilr allY other claim or relicl'requested by the Plaintil'ls, You may lose mOlley or propL'rty or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEI'IIOt\E THE OFFICE SET FORTI-I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELl': Cumberland County Bar Association 2 Liberty A vcnue Carlisle, I'cnnsylvania 17013 Telephone (717) 249-316(, MARTSON DEARDORFF WIUJAMS & OTTO .. }/1i/' \__/. .r/.". By /)' ( Ie (- f GC'orgc:B. Faller, Jr" Esquire ,- ID No, 49S13 Ten East High Slrcct Carlisle, PAl 7013 (717) 243-3341 . \ l\ ~ :'~ , , Attorncys ror Plaintifr Date: Oelober 19, 1995 .' " '. 1111I"'I''I',I::!'" ",',j, 1"-",,,.\ ." W,-,,,..!',,,, 111'\1 TU{/{)' I.. SOl A Pldlnlllf IN TIll; COURT OF CO~l~ION I'I.L..\S OF ('II~lBl:RI.i\NIl ('Olfi\T), v, CIVIl. AClION - LA \\' NATIONWII>E ;\HllI fAI. INSIIRANCI: COMPi\i\Y, NO, '/;' ','I'I{.' CIVIL Defendant. JURY TRIAL DE1\lANDED COi\.ll'LMNI AND i\OW. comes Ihe I'laintin: Terry L. Sola, by and Ihrough his allol'l1eys, Manson, Deardorn: Williams & Otto and hereby avers 'IS follo\\'s: I. Plaintin: Tcrry L. Sola, is an adull individual wilh a rcsidenec at 1036 Dogwood Lane, Enola, Cumberland County, Pennsylvania, 2, Dclendant, Nalionwidc Mutual Insurance Company, is a company with its home office located in Columbus, Ohio and a braneh oflice locatcd at I 000 Nalionwide Drive, Harrisburg, Pcnnsylvania, 17105. 3, At all times relevant hereto Derendant regularly conductcd busincss 111 thc Commonwcallh or Pennsylvania, 4. AI all times rclcvant herclo Dercndant acted through its authorized agcnts and employees, 5. In October of 1996, Plaintirrand Dcfendant werc parlies to an aulomobile insuranee policy under which Dcfcndant was to providc insuranee coverage to Plainlirr. 6. At all times relcvanl hcrclo Plaintirfwas eovcrcd under an automobilc insurancc poliey, number 5S 37 C 77020S, issued by thc Dcfcndant. A copy or the insuranec poliey Dcclaration Shect ror the relevant timc pcriod is attaehcd hcreto and ineOllloratcd hercin as Exhibit "'At!. 7, At all times rclcvant herelo Plaintiff was covered 1'01' and cntitled to lirst party bcnefits, ineluding medical payments, undcr his automobile insuranee policy with Defendant. S, At all times relevant hercto, Plaintirfwas in compliancc with all parts, requirements and duties or the policy betwcen thc parties and had made all ncccssary payments to keep his policy active, '), 011 OL'lohL'r X, 1')')(" 1'1:lllltilf\\'as illv"lved ill a seriolls autolllohile aL'L'idelll whiL'h oL'cllrred ill CUlllhL'r1alld COllllty,l'ennsyh':lIlia, As a res II It "rlhis aL'L'idenl, I'lallltilfsuUi.'red severL' injuries to his righl kg :Illd wikle, COUNT! llllli,\,CILO l-'CONTll,,\'CT 10, Plainti 1'1' hereby incorporales by reference the averments or paragraphs I through 9 or this Complaillt. II. As a result or the injuries snrfercd in the automobile accident or October S, 1996, P/aimiffhas requirL'd treatment/rom several medical professionals. 12. At least three or these treating proressionals, Dr. Frank S, Bryan, Dr, Jobn Stephen Snoke and Dr, Mark p, /Iolencik, have preseribcd Ihe use or an stair li/1 inclillator by the Plaintirr in his recovcry rromthe medieally dctenllinable injuries whieh resulted rrom the aeeident or October S, 1996, Copies orthe doctors' prescriptions arc attached hereto and incorporaled herein as Exhibil "B", 13. On the advice and presenptions of his doctors, Plaintirfwould like to purehase a stair li/1 inclinator and have same installed in his home. A eopy ora reasonable estimatc ror the purchase and installation ora stair li/1 inclinator is attaehcd hereto and ineorporated herein as Exhibit "C", 14, Thc cost or purchasing and installing a stair li/1 inelinator is a reasonable and neeessary medical expenditure which can be deternlincd with reasonable medieal probability to have becomc necessary as a result of thc injuries or thc accident of October 8, 1996. 15. The cost or purchasing and installing a stair Ii /1 inclinator is a covered cxpenditure under Plaintiffs first party medical bcnefits which are ineluded in his automobilc insuranee poliey with Derendant. 16, Plaintirrhas rcpcatedly submitted his requests to Dcfendantthat they makc payment on any reasonable and necessary bills ineurrcd in thc purehase and installation ora stair li/1 inelinator in accordance with the lemlS or the automobile insuranee policy bctwccn the parties, 17, Derendant has repeatedly asserted that they will refuse to pay any bills ineurrcd in the purchase and installation of a stair Ii /1 inclinator unless Plainti IT purchases samc on his own and submits thc bill to Defendant. IX. Ikkrllblll'~. I'l'fusallo pay I'billlllr~ Il';I...,Ollahk' ;!lId Ill'l'l'.....S;II~ I1ll'dll',1I hilI..... I.... III derogation of till' \,i1ul ill'>L1rilllCl' policy hL'!\\L'l'lIllll' pilllll'S. I'), IkIL-lId:IIII's rcrusal to P:I)' 1'l:1lllllfl's rL'as"'llIhlc IIlld IlL'L'L'SS;II: IIIL'dil'1I1 lulls cOllslitutes II breal'h Or I Ill' eOlltral'l hel\\'eellthL' parlles, WIII'REFORI:, I'l:1intirr demallds jndgml'ul ill the 1I1l1l1UIll or 5.1..1211 pillS pre and posl juugmcllt intcn.:sl and rusts alld n:asonahlc i1l1onlcys fL'cs. RespeL'lrully Suhmilled, MARTSON ~E~I~~~RI')2'~~IA~IS & OTTO Bv,<'" " /1 V !. '.. --v_._,u~~J_--_.::7.:]-' ,....u_,,_ G~orge 13, Fllller, .II'" ES(!>'I7' II) No. -1')813 Ten Eastlligh Slrect Carlisle, I' A 17013 (717) 243-3341 , i '. Date: Oetobcr 19, 1995 AlIorneys for I'llIintirr I . .' ~ i I' I I " "c \'l:IUI'Il'AllO.\ I, Tnry I.. S"la, ""1111)' thallhL' /i.reg"ing ('''llIpl:1I1111S 1,,1,,'" up"n Inlill'nlali,," IIlnL'h has been galhered by Ill)' L'(Iwl>L'lIIIIIic prqlarali"n "I' Ihe lallsllll, The langllage "I' Ihis ('''llIplainl is thai or L'lIullscl and uollllY ""n, I hal'e rc'ad Ihe docullIent ,wd I" Ihe e,\lentthat the Complainl is based upon inli>rJllalion IIhiL'h I hal'e gil'enlo my counscl, il is Il'lIe and correL'llo the hcsl ormy knowledge, inll>rJnalioll and hL'lief'. To the e,\lenl Ihal the L'"ntenl of the Complaint is Ihat or coullsel. I hal'e relied upon wnnsel in making this Veri/kalion, This slatement and Verilicalion are made suhjeet lothe penalties of IS I'a, C.S. Seclion -1')0-1 rclaling 10 unsworn ralsiJjc;uion 10 ;lIIl1lOrilies, \\'hich prol'ides that if f make knowingly raIse averments, I may be subjeclto criminal penalties, ~. ") (.....- ~ Terry ~ c'J:_ F.xhibitA , 11(II1. NATIONWIDE U L~JiwM~~!i~;~ CENTURY \I AUTO POLICY DECLARATIONS Page 10f 2 These Declarallons are a part of the policy named above and Idenllfled by pOliCY number below, They supersede any Declarallons Issued earlier, Your policy provides the coverages and limits shown In the schedule of coverages, They apply to each Insured vehicle as Indicated, Your polley complies with the motorists' financial responsibility laws of your stale only lor vehicles lor which Property Damage and Bodily Injury Liability covarages are provided, Polley Number: 58 37 C 770208 Issued: MAY 23, 1996 Policyholder: (Named Insured) TERRY L & PATSY J SOLA 1036 DOGWOOD LANE ENOLA, PA 17025,2040 Policy Period From: JUN 17, 1996 to DEC 17, 1996 but only If Ihe required premium for this period has been paid, and lor six month renewal periods If renewal premiums are paid as required, Each period begins and ends at 12:01 A,M, standard lime at the address of the policyholder. . <> INSURED VEHICLE(S) & SCHEDULE OF COVERAGES "' ~ 1, 1994 OLDS CUTLASS Coverages ~ <> i:: <5 ill ~ '" COMPREHENSIVE COLLI S I ON PROPERTY DAMAGE LIABILITY BODILY INJURY LIABILITY UNINSURED MOTORISTS-BODILY INJURY UNDERINSURED MOTORISTS,BODILY INJURY o ~ LOSS OF USE BROAD FORM FIRST PARTY BENEF ITS OPTION 1-MEDICAL BENEFIT OPTION 2-INCOME LOSS BENEFIT OPTION 3-ACCIDENTAL DEATH BENEFIT OPTION 4-FUNEAAL BENEFIT FULL TORT LIENHOLDER-CHASE BANK OF - - -- - - .. - - .. - .. .. - .. .. - - e= - - -7100 10 #1G3WT35M5R0383096 Six Month Limits 01 Liability Premium ACTUAL CASH VALUE LESS $ 250 ~ 45.60 ACTUAL CASH VALUE LESS $ 500 132.00 $ 100,000 EACH OCCURRENCE $ 51.70 $ 100,000 EACH PERSON $ 300,000 EACH OCCURRENCE $ 79.20 ENDORSEMENT 2359 $ 100,COO EACH PERSON $ 300,000 EACH OCCURRENCE $ 12.30 ENDORSEMENT 2360 $ 100,000 EACH PERSON $ 300,000 EACH OCCURRENCE $ 30.20 ENDORSEMENT 2311 $ 12.00 $ 25 PER DAY $ 750 PER ACCIDENT ~ 50,000 $ 23.50 100,000 TOTAL $ 5,000 MONTHLY $ 11.70 ~ 10,000 ~ 1.40 1,500 .20 TOTAL $ 399,80 LIEN EXPIRES ON JUL 30, 1999 EXHIBIT "A" Exhibit B ARLINGTON ORTHOPEDICS Rtf A. H"b.~, 0.0. M"l P Hal.."l, 0.0. R,OM L. Gr..n, 0.0. February 26, 1997 ., J. Stephen Snoke, D.O. 1800 Carlisle Road Camp Hill, FA 17011 RE: Terry Sola Dear Dr. Snoke: As you know Terry continues to recover from a comminuted pilon type fracture-dislocation of the right ankle which was sustained in a motor vehicle accident back in October of 1996. He is about four and a half months out and was recently fitted with a patellar tendon bearing orthosis with a hinged heel cup and this has rendered him much more comfortable for daily living activities. His radiographs demonstrate satisfactory restoration of the ankle mortise with a fairly congruent joint but he does have some proud hardware anteromedially and this causes some soft tissue impingement with terminal dorsiflexion. He has withdrawal type palpatory tenderness here and he may well come to plate removal sometime this summer but I would wait 4-6 more months. One of the screws has broken and this simply reflects stress transfer but I have encouraged him to continue with physical therapy downstairs at ORRA as this may be his only mobile or functional ankle in light of the contralateral side being fused. Terry occasionally wears bilateral short leg orthoses or patellar tendon bearing orthoses and now that he no longer has a proverbial "good leg to stand on" and has trouble ascending and descending stairs in his home, I believe it is a reasonable consideration to accommodate him with one of the incline style chair lifts that attaches to a stairway. There are a variety of these devices out there and I have encouraged him to investigate these as stair climbing particularly with lost ankle motion bilaterally has been very difficult for him. I would recommend this with a reasonable degree of medical certainty and believe this need will be permanent. Referable to his right ankle he has reasonably good motion with only minimal fusiform swelling and he will continue physical therapy in the form of proprioceptive exercises and endurance EXHIBIT "B" 80S Sir Thomas Coun J Harrisburg, PA 17109 ) (717) 652.9555 ~ Fal (7171652,2630 Fage 2 RE: Terry Sola February 26, 1997 training for the next month or so and I will see him back and comment on his progress. As always your confidence and support are greatly appreciated. r\xrf1t~ Mark P. Holencik, D.O. MPH/dlc Dictated but not read cc: Nationwide Mutual Ins. Richard Friedman, P.C. 'I . FRANK S. BRYAN, M.D. DEA ~ AB7509714 CARWilE, PA 17013 PA L1C MD 026051.l 050 WALNUT BOTTOM ROAD (7\7) 243,9010 ..;-- NAME _L~U _~ Sui 0- ADDRESS _____ l~ f/ec...+r-D(l,'C C-~f (;++. DATE '5-ld.Ql NO SUBSTIT4~-"'--=-~~"/?~ /J / SUBSTlTUT N PERMISSIBLE ". M,D, IN ORDER FOR A BRAND NAME PRODUCT TO BE DISPENSED, THE PRESCRIBER MUST HANDWRITE 'BRAND NECESSARY' OR 'BRAND MEDICAllY NECESSARY'IN THE SPACE BELOW, . il I; Exhibit C :1 I I, f ,', I' 'I 1,,1 I; I' , I I. I' , I i I I, I , I I l ~~ i: I' i, 'INCLINATOR COMPANY OFV~MERICA Onglna/ors and Manufaclurers 01 Lilts for over 70 Years 2200 Pax,on 51 . PO Bo. 1557 . Harnsburg. PJ 11105.155/ . Phone 717'2348065 . Cable InCOJ . Far No /1//234.0941 June 3, 1998 Mr. Terry L. Sola 1036 Dogwood Lane Enola, PA 17025 Dear Mr. Sola: Being guided by survey information obtained at the time of my visit to your home, we have prepared and are enclosing our proposal for Model SC chair lift equipment. Operating from first to second floor. When placing your order, please sign both copies of the contract and return them to us along with your deposit in the enclosed, self-addressed stamped envelope. Upon receipt of your contract, we will place this unit in our shop production schedule for prompt fabrication and we will also return the white copy of the contract to you for your records. Should you have any questions concerning our proposal, please do not hesitate to contact us. I appreciate the courtesies extended to me at the time of my visit and hope that we may be favored with this order. Sincerely, INCLINATOR COMPANY OF AMERICA 'Et.r/--(f. -Mz~--a--- Robert A. Hanes Sales/Engineering RAH : tmm Enclosure EXHIBIT "e" Residence Elevators (Drum or Hydraulic opera/Jonl . Stairway [,Its Wheelcha" Lilts . Dumbwaiters , Il/dil/l'IIl'C') Stair/,ll:!", ^,I1Ij,o{ SC .\(/lII/./t rr'fl l\tvdl'l.'ll. INU,IN'lllUII~ INCI./NATOIt COMI'ANY OF AMEHlCA 11.0. 110'( 1557,2200 l'altlulI Sllcrl, Ilarll\lllllf,. "^ 1110S U.SA. 'lclepJItJllc; (111) 2H-HOM Lilt:: (711) 2J4.lIl}41 Mr, Terry [.. SOla ____________ 1036 Do9l>'JOd L~.~_________ Enola, FA 17025 1)"1. June ~,_199_8 1'10"" ell I., lilY Old., ror one___ ~tili:Li!.! Mo:!el_~______________ , Capacily 250 !,oullds, 1l0v,. 60hz,_,--~p!i., !>l_~__ _ CJJ6r.rUI, Iu h. i"'I"lIct/ ill Mr, Terry L, SOla, 1036 Do9l>'JOd Lan':.,-~_ola. 1'1\ 11 L, ___ Oil or aboul--------------, alld I "cre. III P"Y llie,d"r S ___3" 320,O!l_" ~~~lIX~ including tile chargc fur installing, a dcposit of S h8DD.DD _ tu hc paid UpOIl Ihe .1l:ccplancc uf this ordcr, ano the balalH:c whcn the installalioll has been llIaue. 'Iype _~d StajrLift M:xJel SC,~~_Ul}g_fran______ f;~t floor to second floor. ,s 3,320,00 Fillish of llldillcllc ur INCLlN-AlUR Car (SlairLlFT car, rail, and molor houo rinished ill Brown only) (Modcl SC car amI rail fillished in Bcige only) Locking swivel seat, back & ann rest, Spccial Allachmcllts & seat belt. Miscellancous Pennsylvania Sales & Use Tax is included in the above price, TUlal, S 3,320,00 Installation complete is. includcd in the price except that purchaser is to provide electrical oullct, as directed. Deposit Paid, Balance, S In defauH of paying upon completion of installation. Selling Company shall havc full right and power. at its option! to enter upon the premises, or wherever said above mentioned material may be found, wilhout process or law, and take and remove said property, the title of said merchandise to be and remain in said Selling Company until paid ror in rull. This order covers all agreements between the parties hereto relative to the transaction. and Selling Company shall lIot be bound by any representation or promiscs made by any salesman relative to this transaction, which is not embodied herein. This order is laken subjecl 10 the approval or, and conlingencies beyolld Ihe conlrol of, Ihe Selling CompallY. Limiled Warranty Furnished wilh equipment or upon speela' reques' Accepted this Day or ,19_ INCLlNATon COMPANY OF AMEIUCA Purchaser By '\ By v IIJ - a: '>-. n - ~ ~ '.' Qr-- 'J- - \() ~ ~ c--. \f) ~ VJ ....::J' , :t -::r- ~ {j Cle: OH Z 00"; ..;:> ~..:I..:I ..:I><H J>.OO:> ZH ZZU O~ ::;:J>. ::;: o - U>< ... r..Z 0::> o ...U I>: ::>0 OZO U..;Z ..:I ~I>: :I:~ ...~ ::;: l~ "'~G :: g ::.:: ;,. ~ G ~r.J. Cl~-;. Z.'~i' 7. g ~ :i -<: :t - .. " - " ;- ..J ..:1>< ..;z ::>..; ...J>. ::>:s ::;:0 u ~ O~ HU 3:Z Z..; 01>: H::> ...00 .o:z ZH '" ..; ..:I o 00 " " q o '<l' " '" '" .;., '<l' N ... Z H ..; ..:I J>. :s o U :i ~ ;:,~.'" z ... ~ ~ ~ ~ R u ... Z ~ ~ rs b J. :r::::... ~ ~ !; w 9 ~ wS ~ E: r:: z:r: ~ < ~u <oj . ..:I >< I>: I>: ~ ... , > .- 'iHIIB-O 1007 LA W OFFICES OF RlJUlNAn:, JACOIlS & SAIlA 214 Senate Avenue, Suite 503 Camp lIi11, PA 17011 Telephone Number: (717) 731-0988 Atlorne 5 for Defendant, Nationwide Mut. 1115. TERRY L, SOLA, PLAINTIFF IN Tilt: COURT OF COMMON PLEAS CUMIlt:RLAND COUNTY,Pt:NNSYLVANIA VS, No. 98-5990 NATIONWIDE MUTUAL INSURANCE COMPANY , DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE W. Darren Powell, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of Elltry of ADDe.arance to be served by regular first class mail upon: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 November 17.1998 Date r~,\~_ n _l\ ~arren pow~ EsqUIre Attorney for Defendant ,;" '(j . I " .' ,. ... ':.i . "} 'ili ',L ( " '. f" c, I C.) , -<: '" -<: CIl ~'" - " - .... i:l Z = '" ~~ r--ggO\ U=~f"')"f'O'l~cr !;:O<=a:; - ... U ~ If) I f'f'l O<~~..r-I"'- ~~~t:=~r::' < ..~~=-- ~~cn =-~t ~ ~ _ t-- .. L <"f'O'l oo'!;_iJ'. ZM < . _ U ~ '" ;> cz:: < , , , /;'/ 1/ '(./ -2' " , ../ .0. / -,/~ . . '. ~ , ~~ -. / .,-,- t:t.... (JJ e,["L~ J.? ,? .r C)V;'f-'- _ {, /ILdLl~., J...(fJ~ Office of the Sheriff Mary Jano Snyclm !iNI! I ~"ulu (JHn111y Ralph G, McAllister r:hld Dnpul)' MtdlHi'1 W. RlneLart r\~.,;i:.l/jnt Ch'l.l lh!rl,l'i Willianl T Tully ~:;(;II':I! l)f ()uuphln C()llrly ! tilrrl.',b.Jrq. flUtlT''''1tVIHiUJ 1 11 01 (117) ?b~ 2600 J. R, Lotwick Sher iff ,;OMMON'viEALTH o~ Pi>I~N;:; I LvAiUA SOLA Tt:KRY L vs I NATIONWIDE MUTUAL INSURANCE COMPANY COUNTY OF DAUPHIN SHERIFF'S RETURN No. 2135-T - - -1998 OTHER COUNTY NO. 98-5990 AND NOVI: October 22, 1998 at 1l:20AM served the within Cor~PLAINT & NOTICE upon NATIOlIIHDE MUTUAL mSURANCE COMPANY by personally handing to AMY FATTON, ADM SEC 1 true attested copy(ies) of the original COMPLAINT & NOTICE and making known to him/her the contents thereof at 1000 NATIONlHDE DRIVE HARRISBURG, PA 17l05-0000 Sworn and subscribed to Pa, before me this 22ND day of.OCTOBER, 1998 .'l! , ' .2Jfi{JIJ1ITL) (~_.. 1-f-J(:>,.;.fL,n~." PRO~'HONOTARY Dauphin County, BY~~ DEPUTY SHERIFF ....... , Sheriff's Costs: $25,50 FD 10/2l/1998 RCPT NO 116847 DT/ME I In The Court of Common PIcas of Cumherland County, Pen I1sylvania Terry L. :;n!i1 \'S. Nat ionwid(~ Ml1tUiJ I I n~;ll rdfWl' ('nrnpdllY ~o. l)B_IJcJrJO ~iv)_..!.~________~______ Now, llI20/')B , I. SHERIFF (ll- ClI\1BERLAND CCl\;NTY, PA, do , 19 hereby deputize the Sheriffof Dauphin Counly to execute this Writ, this deputation being made at the request and risk of the Plaintiff, . 'i.-';;:;:." ~~ ~.:P' ,:-' '.. .,'..> ._4. ~,',- . ~; . :-t,..:;..-v'....... ..-.--........ '-.,.~,,,...."'.~,_...-._ .,,,. .,r'-.- ...</~- ,:;",-fr.." I t. . ---- Sh"riff of Cumberland Coumy, PA Affidayit of Service Now, ,19_,at o'clock M, served the within upon at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 19 COSTS SERVICE MILEAGE AFFlDA VIT $ $ 'JXIIll-OI01l7 LAW OFFICES OF RUlli NATE, ,JACOBS & SABA 214 Senate Avenue, Suite S03 Camp IIiII. PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Nationwide Mul. Ins. TERRY L. SOLA, PLAINTIFF IN 'I'm: COURT OF COMMON PLEAS CUMBERLAND COUNTY. I'ENNSYLV ANIA VS. No. 98-S990 NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT CIVIL ACTION - LAW ,JuRY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Answer with New Matter of Defendant Nationwide Mutual Insurance Company to Plaintiff's 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 Answer with New Matter of Defendant Nationwide Mutual Insurance Company to Plaintiff s 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 TIllS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 9HHB~1I(X)7 LAW OFFICES OF ktJ/IINAn:, ,lAcons & SAIlA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 AlIorne s for Defendant, Nationwide Mut. Ins. TERRY L. SOLA, PLAINTIFF IN Tilt: COURT Or COMMON PLEAS CUMIIERLANI} COUNTY, PENNSYLVANIA VS, No. 98-5990 I' NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT NATIONWIDE MUTUAL INSURANCE COMPANY TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Nationwide Mutual Insurance Company, by and r " I through it's attorney, W. Darren Powell, Esquire and in support of this Answer with New " Matter hereby avers as follows: . , I. Denied. After reasonable investigation, the Defendant is without knowledge or r' infonnation sufficient to fornl an opinion as to the truth or falsity of this avennent. Strict proof thereof, if relevant, is demanded. 2. Admitted, 3. Admitted. 4. Admitted. 5, Admitted, By way of further response, the coverage provided was through an automobile insurance policy issued in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Law, 6, Admitted. By way of further response, 'he coverage provided under said automobile insumnce policy was in accordance wilh the Pennsylvania Motor Vehicle Financial Responsibility Law. 7, Denied as stated. By way of further response. Plaintiff carried and was entitled to first party benefits as set forth in the automobile insurnnce policy and the Pennsylvania Motor Vehicle Financial Responsibility Law and regulations promulgated thereunder, 8. Denied. After reasonable investigation. tile Defendant is without knowledge or infonnation sufficielllto fonn an opinion as to the truth or falsity of this avennen!. Strict proof thereof, if relevant, is demanded. 9. Denied. After reasonable investigation, the Defendant is without knowledge or infonnation sufficient to fonn an opinion as to the truth or falsity of this avennen!. Strict proof thereof, if relevant, is demanded. COUNT I Breach of Conlmct 10. Defendant hereby incorporates by reference the Answers contained in paragraphs one (I) through nine (9) of this Answer. II. Denied, After reasonable investigation, the Defendant is without knowledge or infonnation sufficient to fonn an opinion as to the truth or falsity of this avennen!. Strict proof thereof is demanded. 12, Denied, After reasonable investigation, the Defendant is without knowledge or infonnation sufficient to fonn an opinion as to the truth or falsity of this avennen!. Strict proof thereof is demanded. I J Denied After reasonable investigation, the Defendant is without knowledge or infomlation sufficient to fonn an opinion as to whether Plaintiff would like to purchase a stair lift inclinator, By way of further response, it is denied that the document attached as Exhibit "C" is a reasonable estimate for the purchase and installation of the stair lift inclinator, Said Exhibit appears to be an un-exccuted contmctto purchase said stair lift inclinator, 14. Denied. After reasonable investigation, the Defendant is without knowledge or infonnation sufficient to fonn an opinion as to the truth or falsity of this avennent. Strict proof thereof is demanded. 15. Denied. By way of further response, it is specifically denied that the cost of purchasing and installing a stair lift inclinator is a covered expenditure through Plaintiffs first party benefits under the policy or the Pennsylvania Motor Vehicle Financial Responsibility Law and regulations promulgated thereunder. 16. Denied as stated. By way of further response, Plaintiff has submitted no bills to Defendant relative to the stair lift. Plaintiff has requested only that Defendant make advance payment and/or enter into a contract to purchase and install the stair lift inclinator which is not in accordance with the tenns of the automobile insurance policy, the Pennsylvania Motor Vehicle Financial Responsibility Law or regulations, 17. Denied as stated. By way of further response, Defendant has not refused to pay any bills incurred in the purchase and installation of a stair lift inclinator as no bills have been submitted for the same. It is further denied that Defendant has averred that Plaintiff must purchase the same on his own and submit the bill to Defendant. 18. Denied. TIle avennents constitute a conclusion of law requiring no responsive pleading. To the extent it is judicially dctennined that a response is required. it is specifically denied, 19, Denied. Said avennent constitutes a conclusion of law requiring no responsive pleading, To the extent that a responsive pleading may be deemed required, it is specifically denied that Defendant has refused to pay reasonable and necessary medical bills or that Defendant's actions or conduct constitutes a breach of contract. By way of further denial, it is averred that Defendant acted appropriately and in accordance with all applicable law. NEW MATTER 20. Paragraphs one (I) through nineteen (19) are incorporated herein by reference, and made a part hereof as if set forth in full. 21. Defendant has paid all benefits required under the applicable insurance policy and applicable law. 22. Plaintiffs alleged damages are specifically limited to those remedies provided under the Pennsylvania Motor Vehicle Financial Responsibility Law. 23. Plaintiff's claims are barred by the applicable statute of limitation. 24. Plaintiff has failed to state a cause of action upon which relief may be granted. 25, The Pennsylvania Motor Vehicle Financial Responsibility Law and the regulations thereunder govern the payment of first party benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law. 9KHB~)I007 LAW OFFICES OF IHlIlINATE, ,IACOIlS & SAIlA 214 Senate Avenue, Snite ~03 Camp lIi11, PA 1701 I Telephone Number: (717) 731-0988 Attorne 5 for Defendant, Nationwide Mut. Ins. TERRY L. SOLA. PLAINTIFF IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 98-5990 NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE W. Darren Powell, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of Answer with New of Defendant Nationwide Mutual Insurance Company to Plaintiffs Comp'laint to be served by regular first class mail upon: George B. Faller, Jf., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 December 16. 1998 Date /--j ~\~"~ Attorney for Defendant >. (r ...: 1It'.- ( I' (j'\" ',1_ : (, , ," 21 ~ It,'- -, ' G.:I,' 1': ,~ >, ,.. ('.j -' , ,C: ., '" 'I ,,- '.' c~ I.. L. n., ~'. "'.1 'Ii. j () r- < '" < rI:J o(:l~ - - ... :I: Z Q 00 w:~~ r--C1C=" u=>f'f")_ooo ~O<Q~g..l tI.. u ~ II) I I'f; 0-< I- ~ ...- r--. ~~~!:~~r::- < .."-l~:i:-- ..Jt.i;l'" r--f'-o r-- c..-- -<..,. _ to- .. .... '--;'< ZM .0( -< _ U ~ '" I ;:> == .] . _...........h. _. ._~.~..,;j,~lo',";',,,,,."V:..;...........,......,., ......, '-/".,' '''~'.'~ .'~<'-"'i:,j,..~.i.'.....\r.l"..l:,, ",'. __, '" .'..''i'--.'" CEIUIl-Il'.\TL OF SE!{\ICL I, '-lIn ..\. Su 1111 "'1. "" "ullllln/c'd ,1,'c'lIl 1<" \ 1;11 hllll I>C-:II dill II' \I' 1I1'UII" '" (lilli, IIlTl'i 'y 1,:l,.'1lil'y lhlll a ropy uribe l(lIqr(11l1~.1. Jll;lllltllr... Rl.:SPOlhL' III I klL'lllbll\'s "l,.'\\ \lattl,.T \\'~IS SL'r\'L'd this dulc by dCPllSitillg sumc ill Ibc PlISt (Jllkc "I {'''rlisk. 1'..\, lir,t c1as, lI1ail. p",lagc prcpaid, addrc'sscd as rllI Ill\\'S: W, Darrcll Powcll. Esquirc RUBINATE. JACOBS &: SABA 214 SCllalc A vcnuc, Suitc 51J3 Carllp I Ii II. 1'A 17011 MARTSON DEARDORFF WILLIAMS &: OTTO By!i~~ Ten East High Street Carlisle.PA 171J13 (717)243-3341 Dated: / / 6jft u..- ~~ oZ ::<: "'~ ::: 2 -t:'" " :;JJ....J ~ ;.- "-l '- j .J:>- -:: % '" ~ !~, ~ '" ,::l..!'!J> ::J -:: ~ ;:; z~'" ~ ::; t:' "- ~ !::; '" oz-t: :::: ~ 0 '" tU.J --, ~ ':' - "- 0 -- ~ ~ ~ ~ ~ '" --, ~ w :::=.>=z.. 'f. '--' Z w " Z " z '" ~ '" '" i:: ~ ~ N o!--O'. ~ ~ " 'f. ~D~ ~ ~ ;:;: " ~.r. 0 Vl ~ U~L: ;.- :.., - u ., ~ Z = z D :..:...~0 0< Z < c ;d !:2 ~ 0 0 < ;.': -- <: w 6 ~ ~ ~~1 ,. :1:", w '- U ::: ~ :2 r- ~ ~ ~ ..; z ~ ::J '"', ?;; w 0 Cl 2: <: 'f. '.r, ~ t;! ,;j ~ ~ :J Z Z -:: c;: ~ ~ 0 ~ ~ 0 -< U 7- .J ~ z ~ "-' of. ;t. .:::d w U .J "- c:l ~ 3 -.: f-o uJ '" :r: uJ f- C!l ~ ~ :J ~. . 1-_- L:.,' , , r-, (:'. 1..-. 6' , 'j , , 'oJ... (":) C, '-' . , --- l)RIIB~I\ll()7 MARTSON, DEAR[)ORFF, WILLIAMS & OTTO George B. Faller, Jr., Esquire Ten East IIigh Street Carlisle, PA 17013 Attorne ' for PlaintilT Terrv I.. Solll TERRY L. SOLA, PLAINTIFF IN TilE COURT OF COMMON PLEAS CUM8ERLAND COUNTY,PENNSYLVANIA VS. No. 98-5990 NATIONWIDE MIJTlJAL INSURANCE COMPANY, DEFENDANT CIVIL ACTION - LAW ,luRY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned case settled, satisfied and discontinued. MARTSON, DEARDORFF, WlLUAMS &OTIO " .. / i \ (i .,/\. )i, :;' I I I t, I'I,:, By: / <-, " "',! .' I Geoige B, Faller, Jr., Esquj e Ten East High Street ! Carlisle, P A 17013 Attorney for Plaintiff Court No. L! CI S I -')