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Home My WebLink About03-1929April 11, 2003 Jill Moran Prothonota cy LUZERNE COUNTY COURTHOUSE 200 No.ch River Street Wilkes-Barre, Pennsylvania 18711-1001 Phone (570) 825-17~5 Fax (570) 825-1757 TDD (570) 825-1860 03. /q,,~ q PETER JOHN MOSES Deputy Prothonotary Cumberland County Courthouse Prothonotary's Office Mr. Curtis R. Long One Courthouse Square Carlisle, Pa. 17013 IN RE: GEORGE & KRISTA MATTERAZZO (VS) REBECCA BRANDT Luzerne County Court No.: 6576 - C - 2002 Dear Mr. Long: Enclosed herewith is the above FILE that is being transferred to Cumberland County Court as per Court Order signed by Judge Peter Paul Olszewski. There is a Certified copy of the Docket Entries and Judge Olszewski's Order of February 29, 2003 enclosed. If you have any questions please do not hesitate to contact me. Encl. NUMBER - YEAR 6576-C 2002 COURT OF COMMON PLEAS CIVIL ACTION SUITS Plaintiff GEORGE N. MATTERAZZO AN~ KRISTA MATTERAZZO, HYW 671 GARFIELD ST. HAZLETON, pA. 18201 9-20 02 Filing Date Attomey 9:40 A.M.[ AMANDA WRIGHT-KLUGER EDWARD J. CIARIMBOLI VS. De~ndant REBECCA L. BRANDT 161 VALLEY DR. CARLISLE,PA. 17013 1' NOW' SEPT- 20,2002,COMPLAINT, NOTiCE,dURY TRIAL DEMANDED,VERIFiCATiON,FiLED. 3.Entry of Appearance of Joseph F.aurphy, Esquire, as counsel for the Defendant, flied October 18,2002. Certificate of Service,filed October 18,2002. 4. certificate of Service,~lled October 5. Preliminary Objections of Defendant, Rebecca k.Brandt, Pursuant to Pa. R.C.P. filed October 21, 2002. ~ow, ~~.C~, CERTIFICATE PREREOI/ISITE TO SERVICE OF SUBPOENA, FILED. 8, NOW, DEC. Oq, 2002, PRAECIPE OF DEFENDANT, BRANDT TO WITHDRAW PRELIHINARY OBJECTIONS, CERTIFICATE OF SERVICE, FILED. CERTIFICATE PREREO ) ~,TE TO CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA, FILED. ENTRY BY: Summons Complaint Petition Ap~al Trespass Assumpsit Habeas Co~us Divorce Mortgage Foreclosure Change of Name Ejectment Quiet Title Appt. of Viewers Replevin Declaration of Taking Forma Pauperis Mental Health Protective Order Magistrate Appeal (~Service By SHF: Date of Return: Filing Fee Sheriff Prothonotary Masters Fee Escrow Funds Judgment Amount Date Rec'd 9-20 02 lO'q 0"' Signature RECORDS IHI8 ]2, Stipulation, Certificate of Service, flied February 18, 2003, 13. NO~, I~B]~J]AEy 28, 2003, OED]~, HOI~oNTOTRANSFEEV'Ei~/E, CE:~TII~ATEOF S]fltlrICE, I~LED. AND NOW, this 28th day of February/ 2003, upon consideration of the Stipulation of Counsel for the above captioned parties to transfer the case to the Cumberland County Court of Common Pleas, it is hereby ORDERED that the Stipulation is hereby Approved by the Court. The Prothonotary shall transfer this case to the Cumberland County Court of Common Pleas, pursuant to Pa. R.C.P. 1006. ras a~fTm~ cO~: PETER PAUL ULSZEWSKI, JR.,J. GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs Vo REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS LUZERNE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6576-C-2002 JURY TRIAL DEMANDED ,ORDER AND NOW, this ~r day of ,2003, upon consideration of the Stipulation of Counsel for the above-captioned parties to transfer the case to the Cumberland County Court of Common Pleas, it is hereby ORDERED that the Stipulation is hereby Approved by the Court. The Prothonotary shall transfer this case to the Cumberland County Court of Common Pleas, pursuant to Pa.R.C.P. 1006. BY THE COURT: \05_A'~LIABXJPM'xLLPG\i 17538XJMF~01226\0063~ , GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant · IN THE COURT OF COMMON PLEAS LUZERNE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6576-C-2002 JURY TRIAL DEMANDED MOTION TO TRANSFER VENUE 1. This civil action arises out of an automobile accident that occurred on July 13, 2001 on State Route 11 near Wolfs Bridge Road in Cumberland County, Pennsylvania. (Plaintiffs' Complaint at ¶¶ 3-6). 2. On or al~out October 17, 2002, Moving Defendant filed Preliminary Objections to Plaintiffs Complaint challenging venue on the grounds that venue was not proper pursuant to Rule 1006 of the Pennsylvania Rules of Civil Procedure. o Following the filing of the Preliminary Objections, Plaintiffs' counsel stipulated to transferring venue to the Cumberland County Court of Common Pleas. (A tree and correct copy of the Stipulation is attached hereto as Exhibit "A". The original Stipulation was filed with the Court on or about February 13, 2003 and is contained in the docket). Cumberland County is the only proper venue fgr this action, and Plaintiffs have stipulated to transferring this action to Cumberland County. - ~ WHEREFORE, Moving Defendant Rebecca L. Brandt respectfully requests that this Honorable Court transfer this case to Cumberland County, with costs assessed to Plaintiffs. DATE: o~- 1~.- Off BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN / ,, /? J.,OSE~,H ~'. MLaC~y~'SQUmE I.D. No. 78119 ~ 4200 Crams Mill Road, Suite B H~sb~g, PA 17112 (717) 651-3509 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs Vo REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS LUZERNE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6576-C-2002 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, ~ ~ &. '¢~/^Lgq of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~,~ day of February, 2003, served a copy of the foregoing document via Fffst Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire ItOURIGAN, KLUGER & QUINN 600 Third Avenue IGngston, PA 18704-5815 HOURIGAN, KLUGER & QUINN A pROFESSiONAL coRPORATION Amanda Wright-Kruger, Esquire BY: j Ciarimboti Esquire Edward · ' iDENTIFICATiON NO. 84108; 85904 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (,570) 267-3000 GEORGE N. MATTERAZZO and ICRISTA MATTERAZZO, his wife, Plaintiff VS. REBECCA L. BRANDT, Defendant IN THE coURT OF coMMON PLEAS OF LuZERNE coUNTY CIVIL ACTION - LAW NO. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. 513713.1 Complaint or for any other claim or relief requested by the Plaintiff. property or other rights important to you. You may lose money or YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES OF NORTHEASTERN PENNSYLVANIA, INC. 410 Bicentennial Building 15 Public Square Wilkes-Barre, PA 18701 (570) 822-6029 -or- 145 East Broad Street Room 108 Hazleton, Pennsylvania 18201 (570) 455-9512 -or- PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715 HOURI~GER & QUINN, P.C. BY:_ AMANI~A WI~G~T~[KLUGER, ESQ~ ARomey for Pl~ntiffs 513713.1 2 1. The Plaintiffs, GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, are adult individuals who currently resides at 671 Garfield Street, Hazleton, Luzerne County, Pennsylvania 18201. 2. The Defendant, REBECCA L. BRANDT, is an adult individual who currently resides at 161 Valley Drive, Carlisle, Pennsylvania 17013. 3. On July 13, 2001, at approximately 12:26 p.m., the Defendant, REBECCA L. BRANDT, was the operator of a motor vehicle, license plate No. AVT63 72, registered in the Commonwealth of Pennsylvania. 4. On the aforesaid date and at the aforesaid time, the Plaintiff, GEORGE N. MATTERAZZO, was the operator of a motor vehicle, license plate No. DFT1014, also registered in the Commonwealth of Pennsylvania. 5. On the aforesaid date and at the aforesaid time, the Plaintiff, GEORGE N. MATTERAZZO, was stopped in the northbound lane of traffic on State Route 11, segment number 480, Harrisburg, Pennsylvania. Plaintiff, GEORGE N. MATTERAZZO, was stopped as a result of heavy traffic in the northbound lane dUe to back-up from the traffic signal at Wolf's Bridge Road. 6. On the aforesaid date and at the aforesaid time, the Defendant, REBECCA L. BRANDT, failed to notice and/or stop and violently struck the rear of the vehicle being operated 513235.1 2 by Plaintiff, GEORGE N. MATTERAZZO. This violent impact resulted in injuries and damages hereinafter alleged to Plaintiff, GEORGE N. MATTERAZZO. COUNT I George N. Matterazzo v. Rebecca L. Brandl 7. The Plaintiff incorporates by reference Paragraphs 1 through 6, inclusive, as if set forth at length herein. 8. On the aforesaid date and at the aforesaid time, the Defendant, REBECCA L. BRANDT, owned and operated her motor vehicle in such a negligent, careless and/or reckless manner, such that Defendant, REBECCA L. BRANDT's, conduct was a substantial factor in causing the collision and serious and painful injuries and damages to the Plaintiff, GEORGE N. MATTERAZZO. 9. The negligence, carelessness and/or recklessness of the Defendant, REBECCA L. BRANDT, consisted of, but is not limited to, the following: (a) In then and there, violating and being charged with the violation of Pennsylvania Motor Vehicle Law as to careless driving; Co) In then and there, failing to have her motor vehicle under proper and adequate control under the circumstances so as to avoid the collision as occurred; (c) In then and there, failing to keep a proper and necessary lookout whilst operating her motor vehicle; 513235.1 3 (m) In then and there, violating the laws of the Commonwealth of Pennsylvania regulating the operation of motor vehicles, as more particularly set forth in subparagraphs (a) through (m), inclusive. 10. As a result of the negligence, carelessness and/or recklessness of the Defendant, REBECCA L. BRANDT, the Plaintiff, GEORGE N. MATTERAZZO, sustained and suffered painful injuries including, but not limited to, the following: (a) (b) (c) (d) (e) (0 (g) (h) (i) (J) (k) (1) (m) (n) (o) (P) (q) (r) Cervical strain and sprain; Severe pain in neck, shoulders and left elbow; Pain in knee area; Contusions of both left elbow and right knee; Severe jaw pain; Severe pain in lower back and rib area bilaterally and right appendage; Straightening and reversal of normal lordosis secondary to spasm; Posterior neck discomfort radiating across top part of shoulders; Cervical spasm with decreased range of motion/flexion/extension and rotation; Tingling in both hands with pain radiating down into scapula region; Inability to drive/prolonged sitting; Mental fogginess/clouded thinking; Bulging disc at C2; Subluxations at C2; Severe headaches; T1 paravertebral muscle spasms; Physical finding of right leg half an inch shorter than his left due to sacroiliac misalignment; Disk herniations at C4-5 level; 513235.1 5 (s) (0 Numbness and tingling in facial area; Necessity to see neurosurgeon/physiotherapy; Mental distress, anxiety and insomnia. 11. As a result of the aforesaid serious and painful injuries, the Plaintiff, GEORGE N. MATTERAZZO, has been rendered sick, sore and disabled and sustained physical and mental pain and suffering, all of which have or will require medical care and treatment. 12. As a result of the aforesaid serious and painful injuries, the Plaintiff, GEORGE N. MATTERAZZO, is suffering physical and mental discomfort, inconvenience, anxiety, embarrassment and humiliation and may continue to so suffer into the future. 13. As a result of the aforesaid serious and painful injuries, the Plaintiff, GEORGE N. MATTERAZZO, has been obligated to receive and undergo medical attention and care and to expend various sums of money and incur various expenses for treatment of the aforesaid injury and may be obligated to continue to spend such sums and incur such expenses for an indefinite period of time into the future. 14. As a result of the aforesaid serious and painful injuries, the Plaintiff, GEORGE N. MATTERAZZO, has endured pain and suffering and the effects of his injuries and traumas are likely to cause pain, stiffness, soreness, limitation and discomfort into the future. 513235.1 6 thereof under the applicable statutes of the Commonwealth of Pennsylvania and the local rules of Court. Respectfully submitted, HOUR~IGA~~ER & QUiNN, p.c. AMANDA WI~G~-KLUGER, ESQUIRE EDWARD J. CIARIMBOLI, ESQUIRE Attorneys for Plaintiff 600 Third Avenue Kingston, PA 18704 Phone: (570) 287-3000 Fax: (570) 287-8005 Dated: September ! c] ,2002 513235.1 .VERIFICATION I, GEORGE N. MATTERAZZO, Plaintiff herein, do hereby certify that the statements contained in the foregoing Complaint are true and correct and are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GEORGE N. MATTERAZZO "/' 513720.1 VERIFICATION I, K~RISTA MATTERAZZO, Plaintiff herein, do hereby certi£y that the statements contained in the £oregoing Complaint are true and correct and are made subject to the penalties o£ ! $ Pa. C.S.A. §4904 relating to unswom falsification to authorities. 518116.1 4T · '"co'.1651 Count, to made known to ~.~ 'HIRE: PrOthonotary PINK: Luzerne Count/Sheriff ¥~LLOW: AttOrney -- v~-uO¢40 T RETURN_ REGULAR c°MMO_NWEA . COUNTy ~LTH OF ~._ '"~' CUM =~vNSyL ~ERLAND V~I~ : L ' ' ' VS ~ ~aYs' the ~ithi- a~SYl~aaia. ~b ff ot Deputy SL ~ REBECc ~ ~NT & ~_ ~o being duly s z~em~ff of ~En~- sted c- ~ ~ co ENTS ~~ roger ~d the sa~e ti~e ditectiag ~~ ~et ~ith ~ ~ ti°n to the iff's Jng Costs: contents . thereof 18.00 So Answer. s ~ 3.45 : 2.50 ~ .'~°o ~. · , . ~f~oo~ LUZERNE SHERIFF'S DEPARTMENT 200 NORTH RIVER STREET · WILKES-BARRE, PENNSYLVANIA 18711 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURI~ ~ TELEPHONE NUMBER -- CUTION: N.B W. AIVE~ or attaching any property under within writ may eave same without a watchman, in custody of whomever is f ~t~P°s,~sslon after notltymg person of levy or attachment, without liability on the No .... ouna ~, ,, ur such deputy or the sheriff any plaintiff herein for any loss, destruction or removal of any such property before Sheriff's sale thereof. Fox SERVE ~L~:~ g. 5Y~it 6, ADDRESS (Street, or RFP, Apartment No., Cit Boro Tw Stat ~:: ~ CERT M ..... _ ' ......... ~ ~tR~ MAIL ~DEPUTI ~ //-'~'~-' ~ 20~, I SHERIFF -- ' ' __ '/ /.. - /.v ~, ~ , OF LUZERNE COq~Y?A., do hereby deputi~ This deputation b ' . CounN fo exec ' " elng mode at the request and risk of the plaintif, 8. SPECIAL IN'RUCTIONS OR OTHER INFORMATION THAT WILL : ~ ~SI~ IN EXPEOIT L~i~ ~ ~. ~ . ' ..... .~:=~L :<iL ~-~:~-~Oi ('1F TO BE COMPLETED BY SHERIFF ,20~, of ,20~, at th~ or COmplaint as indicated abov~ ~.~ 13. Served and made known to On me ~ _ day of_ Ot ~ Commonwealth of Pennsylvania, in the manne~ described be ow: [] Defendant(s) personally served. ~ [] Adult family member with whom said Del;endant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence. E] Manager/Clerk of place of lodging in which Defendant(s) reside(s). [] Agent or Person in charge of Defendant's of/ce or usual place of business. [] Other On the Defendant not found because: [] Moved [] Unknown REMARKS: day of_ [] No Answer [] Vacant [] Other RETURNED: - o'Clock, ~ M~ ~ County of Luzeme. -- o'clock,_ 14. AFFIRMED and subscribed to before me this 17. day of 20. NO r~ _20~ of Deputy Sheriff SO ANSWERS, 18. Signature of Sheriff ED ISSUING AUTHORITY AND TITLE. WHITE: Prothonotary SHERIFF OF LUZERNE COUNTY PINK: Luzerne Cou~ Sheriff YELLOW: Attorney GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs Vo REBECCA L. BRANDT, Defendant : IN THE COURT OF COMMON PLEAS : LUZERNE COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 6576-C-2002 : : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Rebecca L. Brandt, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN $Oj~'F. ~~I~, ESQUIRE ~.No. 7811~j xd 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attomey for Defendant Rebecca L. Brandt GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs Vo REBECCA L. BRANDT, Defendant : IN THE COURT OF COMMON PLEAS : LUZERNE COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 6576-C-2002 : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this I~+}1 day of October, 2002, served a copy of the foregoing document via First Class United states mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704-5815 SUSAN M. WILLIAMS HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Amanda Wfight-Kluger, Esquire Edward J. Ciarimboli, Esquire IDENTIFICATION NO. 84108; 85904 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 GEORGE N. MATTERAZZO and ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS KRISTA MATTERAZZO, his wife, Plaintiff VS. REBECCA L. BRANDT, Defendant · OF LUZERNE COUNTY · CIVIL ACTION - LAW ~ · JURY TRIAL DEMANDED · NO. 6576-C of 2002 .~. CERTIFICATE OF SERVICE I, AMANDA WRIGHT-KLUGER, ESQUIRE, hereby certify that I forwarded a tree and correct copy of Plaintiffs' Interrogatories Propounded Upon the Defendant and Plaintiffs' Request for Production of Documents, by first class mail, postage pre-paid, to the following counsel of record the 23~d day of October, 2002: Joseph F. Murphy, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Am~re 524774.1 \05_A\LIABXJPM\LLPG\106995UM1%01226\00634 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANT)T, Defendant · IN THE COURT OF COMMON PLEAS LUZERNE COUNTY, PENNSYLVANIA ·CIVIL ACTION - LAW ·NO. 6576-C-2002 -- , ·JURY TRIAL DEMANDED ~:~ '7:::-.:.~ PRELIMINARY OBJECTIONS OF DEFENDANT~ REBECCA L. BRANDT~ PURSUANT TO Pa.R.C.P. 1028(a)(1) 1. This civil action arises out of an automobile accident that occurred on July 13, 2001 on State Route 11 near Wolfs Bridge Road in Cumberland County, Pennsylvania.1 (Plaintiffs' Complaint at ¶¶ 3-6). 2. At the time of the accident, and at all times relevant to Plaintiffs' cause of action, Defendant Rebecca L. Brandt resided, and resides, at 161 Valley Drive, Carlisle, Cumberland County, Pennsylvania 17013. (Plaintiffs' Complaint at ¶ 2). 3. After filing the Complaint, Plaintiffs served objecting Defendant with process in Cumberland County. 4. Rule 1006 of the Pennsylvania Rules of Civil Procedure provides as follows: (a) Except as otherwise provided by Subdivisions (b) and (c) of this rule, an action against any individual may be brought in and only in a county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law. Pa.R.C.P. 1006(a). ~ Plaintiff alleges in the Complaint that the accident occurred "on State Route 11, Segment number 480, Harrisburg, Pennsylvania." However, Route 11 near its intersection with Wolfs Bridge Road is across the Susquehanna River from the City of Harrisburg and clearly in Cumberland County. 5. This cause of action arose out of an automobile accident that occurred in Cumberland County. 6. Objecting Defendant is a resident of Cumberland County and was served with process in Cumberland County. 7. There is no other county authorized by law in which to bring this action, other than Cumberland County. 8. Cumberland County is the only proper venue for this action. 9. Defendant respectfully requests that this Honorable Court transfer this case to Cumberland County as the proper venue for this action. WHEREFORE, Objecting Defendant Rebecca L. Brandt respectfully requests that this Honorable Court transfer this case to Cumberland County, with costs assessed to Plaintiffs. DATE: \ b~\~k.~ BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs Vo REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS LUZERNE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6576-C-2002 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this \q'~ day of October, 2002, served a copy of Preliminary Objections of Defendant, Rebecca L. Brandt, Pursuant to Pa.R.C.P. 1028(a)(1); Brief of Defendant Rebecca L. Brandt in Support of Preliminary Objections; Proposed Order; and Schedule Sheet for Civil Argument via First Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704-5815 Joan~ ~arr COMMONWEALTH OF PENNSYLVA/~IA COUNTY OF' LUZERNE 10282012 GEORGE MATTERAZZO AND KRISTA MATTERAZZO, H/W PLAINTIFF/S VS. REBECCA L. BRA2TDT DEFENDANT/S COURT OF COMMON PLEAS NO. 6576-C-2002 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUAi~T TO RULE 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 SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED 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 ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, A/qD (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 11/19/02 01226-00634 155~161818B19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF LUZERNE 10282012 11/26/02 GEORGE MATTERAZZO AND KRISTAMATTERAZZO, H/W PLAINTIFF/S VS. REBECCA L. BRAi~DT DEFENDANT/S ) ) ) ) ) ) ) ) ) ) COURT OF COMMON PLEAS NO. 6576-C~2002 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: AMANDA KLUGER, ESQ. HOURIGAN, KLUGER & QUINN 600 THIRD AVE. KINGSTON PA 18704-5815 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KEN1FEDy BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. HAZLETON-ST. JOSEPH MEDICAL CENTER DEGENI4ART CHIROPRACTIC HEALTH CENTER DR. MARK JAMES LOBITZ, D.O. & HAZLETON FAMILY PRACTICE HAZLETON MRI THE DESSEN CENTER DR. V. BENJAMIN NAKKACHE, M.D. NEUROLOGICAL SURGERY PENN NATIONAL INSURANCE CO. DATE: 10/29/02 JOSEPH F. MURPHY, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17110 ATTORNEY(S) FOR DEFENDANT Commonwealth of Pennsylvania County of Luzerne GEORGE MATTERAZZ0 AND KP.I£TA MJ-TTERAZZO, II/U vs. REBECCA L. BRANDT 10282012 11/26/02 Court of Common Plea~ 6576-C-2002 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2?. MEDICAL RECORDS DEPARTMENT HAZLETON-ST. JOSEPH MEDICAL CENTER 687 N. CHURCH ST. HAZELTON PA 18201-3187 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you the following documents or things: SEE ATTACHED ADDENDUM are ordered by the court to produce at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: JOSEPH F. MURPHY, ESQ. Attorney's Name BY THE COURT: By '~O"~l I b' ~[]~ Identification Number (P~hon~tary) ~ FOR INFORMATION: (215) 241-5858 Address DATE: 11119102 Seal of the Court Attorney for Telephone Number DEFENDANT NO. 6576-C-2002 ADDENDUM TO SUBPOENA GEORGE MATTERAZZO AND KRISTA MATTERAZZO, H/W VS. REBECCA L. BRD/FDT 10282012 11/26/02 ANY AND ALL MEDICAL RECORDS, LA~ REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS, TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, BILLS ~ THE LIKE CONCERNING GEORGE MATTERAZZO (671 GARFIELD STREET, HAZLETON, PA, DOB 06/19/60, SSN 169-54-5366) Commonwealth of Pennsylvania County'of Luzerne GEORGE MATTERAZZO AND VS. REBECCA L. BRAlqDT 10282012 11/26/02 N: 16460 Court of Comnon Ple 6576-C-2002 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DEGENHART CHIROPRACTIC HEALTH CENTER 1749 E. BROAD ST. HAZELTON PA 18201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: JOSEPH F. MURPHY, ESQ. Attorney's Name B ~t'.~ THE,,C O kJ~T: By ~ ~-4 ] IOLo.-~ Identification Number FOR INFORMATION: (¥rothonotary) (215) 241-5858 Address DATE: 11/19/02 Seal of the Court Attorney for Telephone Number DEFENDANT NO. 6576-C-2002 ADDENDUM TO SUBPOENA GEORGE MATTERAZZO AND KRISTA MATTERAZZO, H/W VS. REBECCA L. BRANDT 10282012 11/26/02 ANY ~ ALL MEDICAL RECORDS, LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS, TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, BILLS D/TD THE LIKE CONCERNING GEORGE MATTERAZZO (671 GARFIELD STREET, HAZLETON, PA, DOB 06/19/60, SSN 169-54-5366) Commonwealth of Pennsylvania County 'of Luzerne GEORGE MATTERAZZO AND VS. REBECCA L. BRANDT 10282012 11/26/02 N 16463 Court of Common Plea 6576-C-2002 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2? CUSTODIAN OF THE RECORDS OF DR. MARK JAMES LOBITZ, D.O. & HAZLETON FAMILY PRACTICE 400 W. 23RD ST. HAZLETON PA 18201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: JOSEPH F. MURPHY, ESQ. Attorney's Name BY THE COURT: By. 5~.~ (~.~Q/J~ Identification Number } (Prothonot~) FOR INFORMATION: (215) 241-5858 Address DATE: 11/19/02 Seal of the Court Attorney f'or Telephone Number DEFENDANT NO. 6576-C-2002 ADDENDUM TO SUBPOENA 10282012 11/26/0~ GEORGE MATTERAZZO AND KRISTA MATTERAZZO, H/W VS. REBECCA L. BR/~NDT ~ A1VD ALL MEDICAL RECORDS, LAB REPORTS, X-RAYS, M~RI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS, TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, BILLS ~ THE LIKE CONCERNING GEORGE MATTERAZZO (671 GARFIELD STREET, HAZLETON, PA, DOB 06/19/60, SSN 169-54-5366) Commonwealth of Pennsylvania COunty'of Luzerne GEORGE MATTERAZZO AND KR!£TA M_~_TTEPO_ZZO, H/W vs. REBECCA L. BRANDT 10282012 11/26/02 N: 16464 Court of Common Plea,, 6576-C-2002 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS .FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF HAZLETON MRI THE DESSEN CENTER 1000 ALLIANCE DR. HAZLETON PA 18201 (Name of Person or EntitY) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: JOSEPH F. MURPHY, ESQ. Attorney's Name B Y THE ~URT: By_. ~F~.~ ~ Ot ~] Jrw.,,_, Identification Number 7~,-~Prc~t-h~n({~-a~-) FOR INFORMATION: Address DATE: 11/19/02 Seal of the Court Attorney, for Telephone Number DEFENDANT Commonwealth of Pennsylvania County'of Luzerne GEORGE MATTERAZZO AND T~*Y~ T O tin A "~d* A ~n r~n *~**"[} A ~ ~',~/'vi U /T.T VS. REBECCA L. BRANDT 10282012 11/26/02 RO$bl N 16461 Court of Common Ple~ 6576-C-2002 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2?, CUSTODIAN OF THE RECORDS OF DR. V. BENJAMIN NAKKACHE, M.D. NEUROLOGICAL SURGERY 480 PIERCE ST. S-219 KINGSTON PA 18704 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: JOSEPH F. MURPHY, ESQ. Attorney's Name ~'~ ~ ~/]].I Identification Number By ' ~ FOR INFORMATION: ° (Prothonotary) (215) 241-5858 Address DATE: 11/19/02 Seal of the Court Attorney for Telephone Number DEFENDANT NO. 6576-C-2002 ADDENDUM TO SUBPOENA 10282012 11/26/o2 GEORGE MATTERAZZO AND KRISTA MATTERAZZO, H/W VS. REBECCA L. BRANDT ~ ~ ALL MEDICAL RECORDS, LAB REPORTS, X-RAYS, MRI'S, CT SCAI~S, EEG'S OR OTHER DIAGNOSTIC MATERIALS, TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, BILLS AiVD THE LIKE CONCERNING GEORGE MATTERAZZO (671 GARFIELD STREET, HAZLETON, PA, DOB 06/19/60, SSN 169-54-5366) Commonwealth of Pennsylvania County Of Luzerne GEORGE MATTERAZZO AND VS. REBECCA L. BRANDT 10282012 11/26/02 16482 Court of Common Ple~ 6576-C-2002 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PENN NATIONAL INSURANCE CO. P.O. BOX 3880 HARRISBURG PA 17105-3880 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: JOSEPH F. MURPHY, ESQ. Attorney's Name .(pr TH}~ C(~RT: By. . ~ Identification Number FOR INFORMATION: othonotary) (215) 241-5858 Address DATE: 11/19/02 Seal of the Court Attorney for Telephone Number DEFENDANT NO. 6576-C-2002 ADDENDUM TO SUBPOENA 10282012 1~/26/o2 GEORGE MATTERAZZO AND KRISTAMATTERAZZO, H/W VS. REBECCA L. BRANDT ANY AND ALL DOCUMENTS CONCERNING FIRST-PARTY BENEFITS PROVIDED BY PENNSYLVANIA NATIONAL TO GEORGE MATTERAZZO (671 GARFIELD STREET, HAZLETON, PA, DOB 06/19/60, SSN 169-54-5366), INCLUDING ALL MEMORA1VDA, REPORTS, STATEMENTS, X-RAYS, PHONE MESSAGE, ADJUSTER NOTES, EXPERT REPORTS AND TORT ELECTION FORM. GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs Vo REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS LUZERNE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6576-C-2002 · JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this a~_~_~day of November, 2002, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704-5815 Eliz,al~th L. ~;ieg~er~ -- \05_A\LIABX3PM\CORR\ 109971LRYM\01226\00634 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs Vo REBECCA L. BRANDT, Defendant : IN THE COURT OF COMMON PLEAS : LUZERNE COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 6576-C-2002 : : JURY TRIAL DEMANDED PRAECIPE OF DEFENDANT~ BRANDT TO WITHDRAW PRELIMINARY~ OBJECTIONS TO THE PROTHONOTARY: Please withdraw the Preliminary Objections of Defendant Brandt in light of Plaintiffs Stipulation to Transfer Venue to Cumberland County Court of Common Pleas. DATED: I~/~ 0''/'~ BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN J SQUIRE 4Z00 Crums Mill Road Suite B Harrisburg, PA 17112 I.D. No. 78119 (717) 651-3509 Attorney for Defendant GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant ·IN THE COURT OF COMMON PLEAS ·LUZERNE COUNTY, PENNSYLVANIA : ·CIVIL ACTION - LAW ~ ·NO. 6576-C-2002 ':.-~ ·JURY TRIAL DEMANDED ~ CERTIFICATE OF SERVICE I, .~.~[ ~0d { [[ifllq(clqan employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ,~ . day of December, 2002, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704-5815 ~~~~ MiNNiCH - 12132013 COMMONWEALTH OF PENNSYLVANIA ~OUNTY'OF LUZERNE GEORGE MATTERAZZO & KRISTA MATTERAZZO, H/W PLAINTIFF/S VS. REBECCA L. BRAIqDT DEFENDANT/S ) ) COURT OF COMMON PLEAS ) NO 6576-C-2002 ) CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDD/qT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED 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 ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 1/06/03 01226-00634 12132013 15~4161818B19 1/13/03 COMMOAIWEALTH OF PENNSYLVANIA COUNTY OF LUZERNE GEORGE MATTEI~AZZO & KRISTA MATTERAZZO, H/W VS. PLAINTIFF/S REBECCA L. BRA/~-DT DEFENDAI~T/S COURT OF COMMON PLEAS NO. 6576-C-2002 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: AMANDA KLUGER, ESQ. HOURIGAN, KLUGER & QUINN 600 THIRD AVE. KINGSTON PA 18704-5815 ATTOR1VEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD ~ SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. NORTHEAST PT ASSOCIATES DATE: 12/16/02 JOSEPH F. MURPHY, ESQ. MARSHALL, DENNEHEY, WA/~NER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17110 ATTORNEY(S) FOR DEFENDAi~T Commonwealth of Pennsylvania County Of Luzerne GEORGE MATTERAZZO & KRISTA MATTERAZZO, ~I~.,: VS. REBECCA L. BRANDT 12132013 01/13/03 Court of Common Pleas 6576-C-2002 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF NORTHEAST PT ASSOCIATES ONE W. BROAD ST. HAZLETON PA 18201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you the following documents or things: SEE ATTACHED ADDENDUM are ordered by the court to produce RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: JOSEPH F. MURPHY, ESQ. Attorney's Name BY THt~ CQ~RT: 5~.~ ~.~ l~ ( Identification Number ~v P0R TNPORY~TEO~: --~ ~bProthonotary) 215 ) 241-5858 Address DATE: 1/06/03 Seal of the Court Attorney for Telephone Number DEFENDANT NO. 6576-C-2002 ADDENDUM TO SUBPOENA 12132013 1/13/o3 GEORGE MATTERAZZO & KRISTA MATTERAZZO, H/W VS. REBECCA L. BRANDT ANY AND ALL MEDICAL RECORDS, LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS, TOGETHER WITH ALL REPORTS, NOTES, MEMOS LETTERS, BILLS AND THE LIKE CONCEP~NING GEORGE MATTERAZZO (600 THIRD AVENUE, KINGSTON, PA, DOB 06/19/60, SSN 169-54-5366) GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs Vo REBECCA L. BRANDT, Defendant : IN THE COURT OF COMMON PLEAS : LUZERNE COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 6576-C-2002 : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this / 5~day of January, 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704-5815 BY: LAW OFFICES ~00 THIRD AVENUE KINGSTON, PA 18704-5815 ~o--m) :~:,,_-~ KRISTA MATTERAZZO, his wife, Plaintiff VS. RERECCA L. BRANDT, IN THE COURT OF COMMON PLF. AS OF LUZERNE COUNTY CIVIL ACTION- LAW JU-RY ~ ~ NO. 6576=C of 2002 I, AMANDA WRK3HT-KLUGER, ESQUIRE, ~ omif7 tim I ~ a tree and correct copy of Plaintiffs' Answer to Set I lnt~o~o~ and Pinintit~' 1~ to Request for Prodc~tioa of Docuneats, by f~'st dass mail, postase pre-paid, to the foilowie8 commel of record the 17~ day of January, 2003: 4200 Cnm~ M~ Road, Suite B ~ PA 17112 EDWAeD CLa. R )LL ESQUmE 537133.1 01073016 COMMONWEALTH OF PENNSYLVANIA tOUNTY'OF LUZERNE GEORGE MATTERAZZO AITD KRISTA MATTERAZZO, H/W PLAINTIFF/S VS. REBECCA L. BRA/TDT DEFENDANT/S COURT OF COMMON PLEAS NO. 6576-C-2002 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA puRSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS D/qD THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (i) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWE1TTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 1/30/03 01226-00634 155~161818B19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF LUZERNE GEORGE MATTERAZZO AND KRISTA MATTEP, AZZO, H/W PLAINTIFF/S VS. REBECCA L. BRANDT DEFENDANT/S COURT OF COMMON PLEAS NO. 6576-C-2002 01073016 2/18/o3 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: AbL%lgDAKLUGER, ESQ. HOURIGAN, KLUGER & QUINN 600 THIRD AVE. KINGSTON PA 18704-5815 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD A/gD SERVE UPON THE UNDERSIGNED AlqD RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. ALBERT D. JANERICH & ASSOC. DATE: 1/o9/o3 JOSEPH F. MURPHY, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17110 ATTORNEY(S) FOR DEFENDANT Common,wealth of Pennsylvania County of Luzerne 01073016 N 15093 GEORGE MATTERAZZO AND KRISTA MATTERAZZO, II/;; Court of Common Pleat vS. REBECCA L. BRANDT 6576-C-2002 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF ALBERT D. JANERICH & ASSOC. 150 MUNDY ST. S-1 WILKES BARRE PA 18702 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACWED ADDENDUM RECORD COPY SERVICES, 1880 JOHlq F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: JOSEPH F. MURPHY, ESQ. By Attorney's Name Identification Number FOR INFORMATION: (215) 241-5858 Address DATE: 1/30/03 Seal of the Court Attorney for Telephone Number DEFENDANT GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS LUZERNE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6576-C-2002 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~,~ ~"day of February, 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704-5815 A PROFES,~3~I~L GORPORATK)N BY: ~ ~'lJgh~l~ggll', ~ IDENTIFIGATIO~ NO. 84t08~ 8~g04 KINQ~TON, PA ~'/04~'IS GEORGE N. MATTERAZZO and KRISTA MA~O, his wife, Plah~t~ VS. REBECCA L. BRANDT, A'FI'ORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY CIVIL ACTION - LAW NO. 6576=C of 200'2 it is hereby agreed by and between counsel that this matter be ~ t° Cumbedand Attorney for Plaintiffs 525906.1 MARSHALL, DENNEHEY, WARNER, COI.~MAN & ~ A PROFESSIONAL CORPORATION BY: Amelia Wlt~. ~ LAW OFFIGE$ ~00 THIRD AVENUE KII~-~TON, PA 18704..58t5 GEORGE N. MATTERAZZO and KRISTA MA~o, his wife, VS. Plaintiff REBECCA L. BRANDT, ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PI.FAS OF LUZERNE COUNTY CIVIL ACTION- LAW NO. 6576-C of 2002 STIfUIATION It is hereby agreed by ami between counsel timt this matter be tramfegred to Cumbedand County. Esquir& QUINN, P.C. Attorney for Plaintiffs ~ ~ ' MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs Mo REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS LUZERNE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW · NO. 6576-C-2002 · JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. P\~O' an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this _ day of February, 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704-5815 HOURIG~N, ~ & ~ A PROFESSIONAL CORPORATION BY: LAW OFFICES 6OO THIRD AVENUE KINGSTON, PA t8704-5815 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Phdnfiff VS. REBECCA L. BRANDT, A'I'I'ORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY CIVIL ACTION - LAW ~IIORY TRIAL DI~IANDED NO. 6576-C of 2002 STilRrKATION It is hereby agreed by and between counsel that this matter be Uamferred to Cumbedand ,& QUINN, P.C. Attorney for Plaintiffs MARSHAl.L, DENNEHEY, WARNER, COLF. MAN& ~ GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant : IN THE COURT OF COMMON PLEAS : LUZERNE COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 6576-C-2002 : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this \kl,~O day of February, 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704~5815 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Amanda Wright-Kluger, Esquire Edward J. Ciarimboli, Esquire IDENTIFICATION NO. 84108; 85904 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 ATTORNEY FOR PLAINTIFF GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiff VS. REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 2003-0l 929 CERTIFICATE OF SERVICE I, AMANDA WRIGHT-KLUGER, ESQUIRE, hereby certify that I am Serving a tree and correct copy of a Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery pursuant to Rule 4009.21 directed to Larry O'Konski and Wright's Body Shop, by depositing said document in the U.S. mail, first class, postage pre-paid, the 6th day of May, 2003, addressed to counsel of record as follows: Joseph F. Murphy, Esquire Marshall, Dennehey, Wamer, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 & QUINN W]~t _?~~~ 553869.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Amanda Wright-Kluger, Esquire Edward J. Ciarimboli, Esquire iDENTIFICATION NO. 84108; 85904 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570~ 287-3000 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs VS. REBECCA L. BRANDT, ATTORNEY FOR pLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY' TRIAL DEMANDED. NO. 2003-01929 Defendant CERTIFICATE PREREQUISITE TO SERVICE OF. SUBPOENA PURSUANT TO RULE 4009.22. As a prerequisite to service of a Subpoena for Documents and Things Pursuant to Rule 4009.22, counsel for the Plaintiffs, Amanda Wright-Kluger, Esquire, certifies that (1) a Notice of Intent to serve Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served; (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; (3) no objection to the Subpoenas has been received, and (4) the Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve Attorney for the Plaintiffs 557721.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Amanda Wfight-Kluger, Esquire Edward J. Ciafimboli, Esquire IDENTIFICATION NO. 84108; 85904 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiff VS. REBECCA L. BRANDT, ATTORNEY FOR pLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 2003-01929 Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs intend to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. Dated: May 6, 2003 553871.1 Commonwealth of Pennsylvania County of Cumberland GEORGE N. MATTERAZZO AND KRISTA MATTERAZZO, his wife VS REBECCA L. BRANDT, INC. SUBPOENA TO PRODUCE DocUMENTS OR THINGS ~ERY PURSUANT TO RULE 4009.22 TO: LARRY O'KONSKI 4444 Carlisle Pike Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the-court to produce the following documents or things: Copies of any and all photographs and/or documents relative to the 1998 Oldsmobile Sillouette GL4 belonging to George N.Matterazz°, 671 Taylor Court, Hazleton, PA, 18201, which vehicle was involved in the accident which occurred on July 13, 2001. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party seeking this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: r ~ , ESQUIRE aintiffs Attornel BY THE COURT: BYpR0 ~/ ,~-~ IDENTIFICATION NO. 84108 ItOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION LAW OFFICES SIX HUNDRED THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 Seal of the Court 550054.1 Commonwealth of Pennsylvania County of Cumberland GEORGE N. MATTERAZZO AND KRISTA MATTERAZZO, his wife ¥$ REBECCA L. BRANDT, INC. SUBPOENA TO pRODUCE DOCUMENTS OR THINGS ~ERY PURSUANT TO RULE 4009.22 TO: WRIGHT'S BODY SHOP Valmont Parkway Route 93 Hazleton, PA 18201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all photographs and/or documents relative to the vehicle belonging to George N.Matterazzo, 671 Taylor Court, Hazleton, PA, 18201, which vehicle was involved in the accident which occurred on July 13,2001. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party seeking this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following Per~ ~ X~IG~LUGER, ESQUIRE Attorney for Plaintiffs IDENTIFICATION NO. 84108 ttOURIGAN, KLUGER & QUINN BY THE COURT: A PROFESSIONAL CORPORATION By ~ ) ~ t~~.__----~ KINGSTON, PA 18704 (570) 287-3000 DATE:_ Seal of the Court 550050.1 cz r,o L.~rn ;?Z °' :--4 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Amanda Wright-Kluger, Esquire Edward J. Ciarimboli, Esquire IDENTIFICATION NO. 84108; 85904 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiff VS. REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 2003-01929 CERTIFICATE OF SERVICE I, AMANDA WRIGHT-KLUGER, ESQUIRE, hereby certify that I am serving a true and correct copy of a Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery pursuant to Rule 4009.21 directed to AT&T and Sun Motor Cars, Inc., by depositing said document in the U.S. mail, first class, postage pre-paid, the ! I'~ day of June, 2003, addressed to counsel of record as follows: Joseph F. Murphy, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 559412.1 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 203-01929 : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs, George and Krista Matterazzo, c/o Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704-5815 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-:3509 Attorney for Defendant GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 203-01929 JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT 1. After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and the same are therefore denied, strict proof being demanded at trial, if relevant. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that on July 13, 2001, the Plaintiff George N. Matterazzo was stopped in the northbound lane of traffic on State Route 11, segment #40, Harrisburg, Pennsylvania. The remainder of the averments contained in this paragraph are denied generally pursuant to Pa. R.C.P. 1029 (e). 6. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029 (c). COUNT I GEORGE N. MATTERAZZO V. REBECCA L. BRANDT 7. The answers to paragraphs 1-6 are incorporated herein by reference as if fully set forth at length. 8. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029 (e). 9. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029 (e). 10. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029 (e). 11. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029 (e). 12. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029 (e). 13. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029 (e). 14. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029 (e). 15. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029 (e). WHEREFORE, Defendant Rebecca L. Brandt respectfully requests that this Honorable Court dismiss Plaintiffs' Complaim, in its entirety, with prejudice. COUNT II KRISTA MATTERAZZO V. REBECCA L. BRANDT 16. The answers to paragraphs 1-15 are incorporated herein by reference as if fully set forth at length. 17. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029 (e)'. WHEREFORE, Defendant Rebecca L. Brandt respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint, in its entirety, with prejudice,. NEW MATTER 19. granted. 20. 18. The answers to paragraphs 1-17 are incorporated herein by reference as if fully set forth at length. The Plaintiff may have failed to state a cause of action upon which relief can be The applicable Statute of Limitations may have expired prior to the proper institution of this action. 21. Answering Defendant was not negligent. 22. Any acts or omission of Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiff. 23. The incident and/or damages prescribed in Plainti frs Complaint may have been caused or contributed to by the Plaintiff. 24. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 25. The Plaintiff may have assumed the risk. The Plaintiff may have been contributorily negligent. 26. The incident, injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by Answering Defendant. 27. Plaintiffmay have failed to mitigate his/her damages. 28. Plaintiff may have selected the "limited tort option" under motor vehicle insurance policy, thereby waiving any non-economic claim for injuries that are not found to be "serious", pursuant to 75 Pa. C.S.A. §1702 and §1705. 29. Defendant hereby avers that the injuries sustained by the Plaintiff, if any, were not "serious" under the statute, thereby negating any non-economic claim by the Plaintiff. 30. Plaintiffs recovery in this case, if any, is limited by the provisions of 75 Pa. C.S.A. §1720 and §1722. WHEREFORE, Answering Defendant, Rebecca L. Brandt, respectfully requests that Plaintiffs Complaint be dismissed in its entirety. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant DATE: VERIFICATION Joseph F. Murphy, Esquire, Attomey for Defendant, Rebecca L. Brandt, verifies that the facts set forth in the Defendant's Answer with New Matter to Plaintiffs Complaint are tree to the best of his knowledge, information and belief. If the above statements are not tree, the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. DATE: GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 203-01929 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stefanie Meyers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of September, 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704-5815 Prothonotary Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013-3387 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Amanda Wright-Kluger, Esquire Edward J. Ciarimbolil Esquire IDENTIFICATION NO. 84108; 85904 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 GEORGE N. MATTERAZZO and ATTORNEY FOR pLAINTIFF KRISTA MATTERAZZO, his wife, Plaimiffs VS. REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CiVIl:, ACTION - LAW JURY TRIAL DEMANDED NO. 2003-01929 PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT The Plaintiffs, George N. Matterazzo and Krista Matterazzo, his wife, by and through their counsel, Hourigan, Kluger & Quinn, P.C., hereby respond to the New Matter of Defendant, Rebecca L. Brandt, as follows: 18 through 30, inclusive. Denied. The allegations contained within paragraphs 18 through 30 of Defendant's New Matter are conclusions of law to which to responsive pleading is required. To the extent a responsive pleading is necessary, however, such allegations are denied in accordance with Pa. R.C.P. 1029(e). 574009.1 WHEREFORE, the Plaintiffs, George N. Matterazzo and Krista Matterazzo, his wife, respectfully request this Honorable Court to strike the New Matter of Defendant, Rebecca L. Brandt, and to enter judgment in their favor together with the costs of this action. Respectfully submitted, HOURIGAN, gLI,J iER & QUINN, P.C. By: ~ ~ Amahakta Wfl er, Esquire Attorney for Plaintiffs 600 Third Avenue Kingston, PA 18704-5815 Phone: (570) 287-3000 Fax: (570) 287-8005 Dated: September 11, 2003 574009.1 VERIFICATION I, AMANDA WRIGHT-KLUGER, ESQUIRE, do hereby certify that I am the counsel for the Plaintiffs herein, and as such, have the authority to make thi:~ Verification on their behalf; and further, that the statements contained in the foregoing Plaintiffs'~ Reply to Defendants' New Matter, are true and correct and are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Amanda Wri Esquire 574019.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Amanda Wright-Kluger, Esquire Edward J. Ciarimboli, Esquire iDENTIFICATiON NO. 84108; 85904 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs VS. REBECCA L. BRANDT, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIV][L ACTION - LAW JURY TRIAL DEMANDED NO. 2003-1)1929 CERTIFICATE OF SERVICE I, AMANDA WRIGHT-KLUGER, ESQUIRE, hereby certify that I am serving a true and correct copy of Plaintiffs' Reply to New Matter of Defendant, by depositing said document in the U.S. mail, first class, postage pre-paid, the 11th day of September, 2003, addressed to counsel of record as follows: Joseph F. Murphy, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 HOURI( By: Ar anda Wr GER & QUINN a~-,~luger 574021.1 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaimiffs REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 203-01929 JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the Verification of Defendant, Rebecca L. Brandt, for the Attorney Verification filed with Defendant's Answer with New Matter to Plaintiffs' Complaint, and please note Defendant's verification on the docket. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: BY: ~~19~, ESQUIRE 4200 Crums Mill Road, Suite B Han'isburg, PA 17112 (717) 651-3:509 Attorneys for Defendant \05_A\LIABLIPM\LLPG\134382\CYW~01226\00634 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defimse of this lawsuit. The language of the Answer with New Matter is that of counsel and not my own. I have read the Answer with New Matter, and to the extent that it is based upon :information which I have given to counsel, it is tree and correct to the best of my knowledge, infi~rmation and belief. To the extent that the contents of the Answer with New Matter are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. DATE: R~becca L.(B~andt-- \05_A\LIAB~JPM\LLPG\127192\CYW~13241\00264 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 203-01929 JURY TRIAL DEMM'4DED CERTIFICATE OF SERVICE I, Cherfi M. Whitson, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~_9)(~ day of October, 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QU1NN 600 Third Avenue Kingston, PA 18704-5815 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Amanda Wdght-Kluger, Esquire Edward J. Ciarimboli, Esquire IDENTIFICATION NO. 84108; 85904 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570} 287-3000 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs VS. REBECCA L. BRANDT, Defendant ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 2003-01929 MOTION TO STRIKE THE OBJECTIONS OF DEFENDANT~ REBECCA L. BRANDT, TO PLAINTIFFS' SUBPOENA AND TO COMPEl, COMPLIANCE WITH THAT SUBPOENA The Plaintiffs, George N. Matterazzo and Krista Matterazzo, by and through their counsel, Hourigan, Kluger & Quinn, P.C., hereby move this Honorable Court, pursuant to Pennsylvania Rule of Civil Procedure 4019(a), to strike the objections of the Defendant, Rebecca L. Brandt, to Plantiffs' subpoena directed to AT&T, and to serve full and complete responses to Plaintiffs' subpoena pursuant to Rule 4009.22. In support of this Motion, the Plaintiffs hereby aver as follows: 1. The above-captioned matter is a personal injury action arising out of a motor vehicle accident that occurred on July 13, 2001. 587590.1 2. In accordance with the Pennsylvania Rules of Civil Procedure, the Plaintiffs served notice of their intent to serve a Subpoena to Produce Documents or Things for Discovery upon Defendant, Rebecca L. Brandt. 3. Joseph F. Murphy, Esquire filed an objection to Plaintiffs' subpoena on or about June 24, 2003. 4. The subpoena requested a copy of all cell phone records (cell phone//717-215- 1929), held by AT&T for the date of July 13, 2001. A true and correct copy of the Notice and Subpoena are attached hereto, incorporated herein and marked as Exhibit ",4". 5. Rebecca L. Brandt claims that Plaintiffs' subpoena seeks information beyond the scope of Rules 4010, 4003.1 and 4003.6. A true and correct copy of Defendant's Objection is attached hereto, incorporated herein and marked as Exhibit "B". 6. Rebecca L. Brandt has not justified its objection to Plaintiffs' subpoena and the burden is upon the objecting party to prove that requested information is privileged. 7. 4009.1. 8. The aforesaid information is relevant and discoverable pursuant to Pa. R.C.P. Plaintiffs are severely prejudiced in that they cannot adequately prepare their case for trial without full and complete production of the aforementioned records. 9. Pennsylvania Rule of Civil Procedure 4019 authorizes the Court to make an "appropriate order" in the event full and complete responses to their discovery requests are not forthcoming. 587590.1 2 WHEREFORE, the Plaintiffs, George N. Matterazzo and Krista Matterazzo, respectfully request this Court to strike the objection of Defendant, Rebecca L. Brandt, and to order AT&T to produce the documents requested in the aforementioned subpoena within twenty (20) days. Plaintiffs also request this Court to award counsel fees and costs incurred in the the bringing of this Motion. Respectfully submitted HOURIGAN, KLUGER & QUINN, P.C. ~~GHT-KLUGER, ESQ. Attorney for Plaintiffs 587590.1 3 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Amanda Wfight-Kluger, Esquire Edvrard J. Ciafimboli, Esquire IDENTIFICATION NO. 84108; 85904 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 ATI-ORNEY FOR PLAINTIFF GEORGE N. MATTERAZZO and : KRISTA MATTERAZZO, his wife, : : Plaintiff : VS. : REBECCA L. BRANDT, : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY C1V]L ACTION - LAW JURY TRIAL DEMANDED NO. 2003-01929 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs intend to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. HO~iGER & QUIlqN, P.C. BY: A~a~nd~-~JKluger, Esquire Attorney for Plaintiffs Dated: June 10, 2003 Commonwealth of Pennsylvania County of Cumberland GEORGE N. MATTERAZZO AND KRISTA MATTERAZZO, his wife VS REBECCA L. BRANDT, INC. NO. 2003-01929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: AT&T P.O. Box 9001310 Louisville, KY 40290-1310 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All cell phone records for Rebecca Brandt, telephone # (717) 215-1929, for the date of July 13, 2001. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party seeking this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: i AMANDANOP. IOH%r. LBOER, ESQUIRE BY THE COURT: DATE: J/x..~.'~,¢~ 9. ,.~t~_~.~ Attorney for Plaintiffs IDENTIFICATION NO. 84108 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION LAW OFFICES SIX HUNDRED THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 Seal of the Court \05 A\LIABXJPM\LLPG\127619\TCS\01226\00634 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant : IN THE COUP,'r OF COMMON PLEAS : LUZERNE COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 6576-C-2002 : : JURY TRIAL DEMANDED OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Defendant Brandt objects to the proposed subpoena that is attached to these objections for the following reasons: 1.) The information and documentation sought by this subpoena is irrelevant; 2.) The subpoena would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the Defendant, as provided in Pa. R.C.P. 4011(b); 3.) The subpoena is violative of Defendant's right to privacy. DATE: BY: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN JOSEPH F ? M f. JRP)-IY.,~ S QU IRE I.D~qo. 78119 '~ 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 65 !-3509 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant : IN THE COURT OF COMMON PLEAS : LUZERNE COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 6576-C-2002 : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Tara Schiowitz, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this0~ day of June, 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QU1NN 600 Third Avenue Kingston, PA 18704-5815 Tara S cht~7~ 'iotw~tz~ HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Amanda Wdght-Kluger. Esquire Edward J. Ciarimboli, Esquire IDENTIFICATION NO. 84108; 85904 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 ATTORNEY FOR PLAINTIFF GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiff VS. REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 2003--01929 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCU1VIENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 Plaintiffs intend to serve subpoenas identical to the ones that are 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 subpoenas. I£no objection is made, the subpoenas may be served. Dated: June 10, 2003 HOURI?~GER & QUINN, P.C. Amanda Wn~Kluger, Esqmre Attorney for Plaintiffs 559410.1 Commonwealth of Pennsylvania County of Cumberland GEORGE N. MATTERAZZO AND KRISTA MATTERAZZO, his wife vs REBECCA L. BRAN~)T, INC. NO. 2003-01929 SUBPOENA TO PRODUCE DOCUMENTS (DR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: AT&T P.O. Box 9001310 Louisville, KY 40290-1310 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All cell phone records for Rebecca Brandt, telephone # (717) 215-1929, for the date of July 13, 2001. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party seeking this subpoena may seek a court order compelling you to eom ,ly with it. This subpoena was issued at the request of the following person: BY THE COURT: AMANDa' RIGHT2KL~3GER, ESQUIRE Attorney for Plaintiffs IDENTIFICATION NO. 84108 ItOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION LAW OFFICES SEK HUNDRED THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 Seal of the Court HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Amanda Wdght-Kiuger, Esquire Edward J. Ciarimboli. Esquire IDENTIFICATION NO. 84108; 85904 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 1570) 287-3000 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiff VS. REBECCA L. BRANDT, Defendant ATTORNEY FOR PLAINTIFF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY C1V1]L ACTION - LAW JURY TRIAL DEMANDED NO. 2003-01929 CERTIFICATE OF SERVICE I, AMANDA WRIGHT-KLUGER, ESQUIRE, hereby certify that I am serving a true and correct copy of a Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery pursuant to Rule 4009.21 directed to AT&T and Sun Motor Cars, Inc., by depositing said document in the U.S. mail, first class, postage pre-paid, the i ?h day of June, 2003, addressed to counsel of record as follows: Joseph F. Murphy, Esquire Marshall, Dermehey, Wamer, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 559412.1 P_PRAECIPE FOR LISTING CASE FOR TRIAI. (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for thai without a jury. CAPTION OF CASE (entire caption must be stated in full) GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs (check one) ( X ) Civil Action- Law ( ) Appeal from Arbitration ( ) (other) REBECCA L. BRANDT, Defendant -The trial list will be called on and. February 17, 2004 Trials commence on March 15, 2004 Pretrial will be held on February 25, 2004 (Briefs are due 5 days before pretrials) (The party listing this case for trial shall provide forthwith a copy of the Praecipe to all counsel, pursuant to local Rule 214.1.) No. 203-01929 Civil Indicate the attorney who will try the case for the party who files this Praecipe: Josevh F. Murphy Indicate trial counsel for other parties if known: ~Amanda Wri ~ght-Kluger This case is ready for trial Signed: C~_ ;i l."{~,~,,-~ ~.,~ nnt Name/.. _ Josepl~'F'. IV~urph¥ Attorney for:. Defendant GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant 1N THE COURT OF COMMON PLEAS LUZERNE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6576-C-2002 JURY TRIAL DEMANDED C~ERTIFICATE OF SERVICE I, Ellen M. Palmer, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of December, 2003, served a copy of the foregoing document via First Class Un/ted States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QU1NN 600 Third Avenue Kingston, PA 18704-5815 GEORGE N. MATTERAZZO and KPdSTA MATTERAZZO, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA L. BRANDT, Defendant CIVIL ACTION - LAW NO. 03-1929 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of December, 2003, upon consideration of Plaintiffs' Motion To Strike the Objections of Defendant, Rebecca L. Brandt, to Plaintiffs' Subpoena and To Compel Compliance with that Subpoena, a discovery conference/hearing is scheduled for Wednesday, March 3, 2004, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Amanda Wright-Kluger, Esq. Hourigan, Kluger & Quinn 600 Third Avenue Kingston, PA 18704-5815 Attorney for Plaintiffs Joseph F. Murphy, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Attorney for Defendant ~/Wesley Oler,~,. r., J. :rc GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant : IN THE COLrRT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 203-01929 : : JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFFS' MOTION TO STRIKE DEFENDANT'S OBJECTIONS TO PLAINTIFFS' SUBPOENA 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. To the contrary, answering defendant has justified its objection to Plaintiffs' subpoena. By way of further answer, defendant testified that she was responsible for the happening of this rear-end accident and that Plaintiff did nothing to facilitate the happening of the accident. (See Defendant's D.T. at 37; a true and correct copy of Defendant's testimony is attached hereto as Exhibit "A"). Plaintiff was apparently not satisfied by that admission, so counsel for defendant advised Plaintiffs counsel prior to the filing of this motion that defendant would admit liability and memorialize that admission in writing. On or about December 15, 2003, counsel for defendant sent a letter to Plaintiff's counsel clearly and unequivocally admitting liability for the happening of this accident. (A true and correct copy of that letter is attached hereto as Exhibit "B"). In light of defendant's admission of liability, Plaintiff's request for Defendant's cell phone records is not only irrelevant, but an invasion of Defendant's right to privacy. 7. Denied for the reasons previously stated. 8. Denied for the reasons previously stated. 9. Admitted. WHEREFORE, answering defendant, Rebecca Brandt, respectfully requests that this Honorable Court deny Plaintiffs' Motion to Strike Defendant's Objections. BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN J~ s ~a/F."'~VIurphy,/~ S}:lt~re// 4200 Crams Mill R,oJd v Suite B Harrisburg, PA 17112 I.D. No. 78119 (717) 651-3509 Attorney for Defendant \05_A\LIABXJPM\LLPG\ 141255~EMP\01226\00634 Exhibit A GEORGE N. MATTERAZZO AND : KRISTA MATTERAZZO, HIS WIFE,: PLAINTIFFS : REBECCA L. BRANDT, : DEFENDANT : IN THE COURT OF COMMON PLEAS LUZERNE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6576-C OF 2002 JURY TRIAL DEMANDED DEPOSITION OF: REBECCA L. BRANDT TAKEN BY: PLAINTIFFS BEFORE: DIANE F. FOLTZ, RMR NOTARY PUBLIC DATE: APRIL 15, 2003, 10:00 A.M. PLACE: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL ROAD HARRISBORG, PENNSYLVANIA APPEARANCES: HOURIGAN, KLUGER & QUINN, P.C. BY: AMANDA V. WRIGHT-KLUGER, ESQUIRE FOR - PLAINTIFFS MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: JOSEPH F. MURPHY, ESQUIRE FOR - DEFENDANT ALSO PRESENT: GEORGE N. MATTERAZZO KRISTA MATTERAZZO 2080 Linglestown Road · Suite 103 * Harrisburg, PA 17110 717.540.0220 · fax 717.540.0221 · Lancaster 717.393.5101 Multi-PageTM REBECCA L. BRANDT APRIL 15, 2003 5 7 9 Page 2 1 2 3 for the respective parties that reading, signing, sealing, 4 certification and filing are hereby waived; and that all 5 objections except as to the form of the question are STIPULATION It is hereby stipulated by and between counsel Page 3 Page 4 I Q And was this your address at the time of the 2 accident? 3 A Yes. 4 Q How long have you lived there? 5 A About eight years. 6 Q Are you currently marhed? 7 A Yes. 8 Q Were you at the time of this incident? 9 A Yes. 10 Q What's your husband's name? 11 A David. 12 Q Does he have a middle initial or name? 13 A A. 14 Q And his last name is Brandt, the same as yours7 15 A Yes. 16 Q Okay. Children, do you have any? 17 A Yes. 18 Q How many children do you have? 19 A I have four. 20 Q What are their ages? A 18,16 -- I'm sorry l7. 12and4. 22 Q And are all the children's father David? 23 A NO. 24 Q Okay. I'm sorry. You said you've been married 25 for eight years? Page A I've about been married for six years. I've been 2 married for six years. 3 Q Six years, and I take it than is this your first 4 husband? 5 A No. 6 reserved to the time of trial. 6 7 7 8 REBECCA n BRANDT, called as a witness, being 8 9 duly sworn, testified as follows: 9 10 EXAMINATION l0 11 BY MS. WRIGHT-KLUGER: 11 12 Q Mrs. Brandt, my name is Amanda Wright-Kluger, and 12 13 I'm here today. I represent Mr. George Matterazzo and 13 14 Krista Matterazzo in a suit that they have brought with 14 15 respect to a motor vehicle accident in which you were 15 16 involved in July of 2001. Do you understand that? 16 17 A Yes. 17 Q Okay. You were married prior to this? Yes. What was your first husband's name? Matthew Jones. Do you remember the year that you were married to '91. And that ended in divorce I take it? Yes. And where did the divorce decree go through? Cumberland County. And who was your attorney for that? 18 Q Do you recall the accident? 19 A Yes. 20 Q Okay. Can you state and spell your full name for 21 the record, please? 22 A It's Rebecca Lynn Brandt, Rm-b-e-c-c-a, L-y-n-n, 23 B-r-a-n-d-t. 24 Q And what's your current address? 25 A 161 Valley Drive in Carlisle. ItU(iHES, ALBRIGItT, FOLTZ & NATALE 717-540-0220 / 717-393-5101 18 A Edward Schorpp. 19 Q And apart from Matthew Jones and David, have you 20 been married to any other? 21 A No. 22 Q So you married David about six years ago, so that 23 would be in 19977 24 A Actually -- this is horrible. I can't remember. 25 Q You can't remember your own anniversary? Page 2 - Page 5 ~EBECCA L. BRANDT Multi-Pugem ~PRIL 15, 2003 A I think it was 1996. Page 6 1 2 Q '967 3 A Yes. 4 Q Okay. Now, as I told you, we're here today with 5 regard to a motor vehicle accident, and probably your 6 attorney has already gone over it, but I'm going to go over 7 again a series of instructions with regard to this 8 deposition, okay? 9 A Okay. 10 Q So far you're doing great. All the instmctions 11 I was going to give, so far you are following them, but I 12 still want to go through them just in case later on down 13 the line we get to something that I haven't covered and I 14 should have. 15 Of course, you're here today under oath, okay? 16 It's as if you were testifying in a court of law, and it 17 carries the same weight as such testimony. Do you 18 understand that? 19 A Yes. 20 Q Okay. I'm seated next to a court reporter, and 21 she is taking down every single word that you and I say. Z2 At the end of the day that's going to he placed into a 23 small booklet that is going to be in a question and answer 24 format, and it can be used in a court of law as well for 25 imp°achment purposes. Do you understand that? Page 8 your answer has been based upon your understanding of the 2 question, okay? 3 A Yes. 4 Q Do you understand that? 5 A Yes. 6 Q Okay. Are you taking any medications today? 7 A No. 8 Q Now, we've gone briefly through your personal 9 history. Do you have a Social Security number? 10 A Yes. 11 Q What is it? 12 A 190-60-0606. 13 Q And with regard to your four children, how many 14 of thOSe children are with David? 15 A The four-year-old. 16 Q Okay. And the other three children, whoare 17 their fathers? 18 A David is the father of the 18 and the 17, and 19 Matthew is the father of the 12. 20 Q So David is the father of the 4-year-old, the 21 17-year-old and the 18-year-old? 22 A Yes. 23 Q And this is David, your current husband, 24 correct? 25 A Yes. Page 9 Page 7 A Yes. 2 Q Okay. It's important, ~fore, with the court 3 reporter to make sure that you wait until I have asked a 4 question until you actually answer it. I know in normal 5 life it's usual for people to speak over each other in 6 normal conversation. Try to refrain from doing that for 7 your own purposes as well as mine. It will give you time 8 to think about your answer and also give the court reporter 9 the ability to be able to take down both my question and 10 your answer, okay? 11 A Okay. 12 Q Additionally, if you can refrain from utilizing 13 any kind of gestures or uh-hub, s or huh-ubs because also the 14 court reporter can't take that down, and it makes the 15 record at the end of the day very unclear, okay? 16 A Okay. 17 Q If you do need a break, tellrue. I'll be happy 18 to accommodate you. If you need to speak to your lawyer, 19 I'll additionally be happy to accommodate you, okay? 20 A Yes. 21 Q if yon don't understand a question, if I'm not 22 speaking loud enough, if for some reason you can't hear mc 23 tell me. Today, this deposition, people are going to 24 assume when they're looking back at this little booklet i25 that you have nnderatood all the questions, okay, and that P~e6-P~e9 Q And the 12-year-cid's father is Matthew? 2 A Yes. 3 Q Okay. And did you at the time of this incident 4 in July of 2001 have custody of these four childrera? 5 A Yes. 6 Q And do you currently? 7 A Yes. The 18-year-old does not live with us 8 anymore. I mean she's on her own. 9 Q She's at college or -- 10 A No, she works. 1! Q Okay. Wheredoes shework? 12 A At the Gables of Carlisle. 13 Q Can you give me a little background information 14 with regard to your educational history? !5 A Okay. I went to Boiling Springs High School. 16 Q Boiling? 17 A Boiling, B-o-i-l-i-n-g. 18 Q Okay. And did you receive any further education 19 afte~ that? 20 A No. 21 Q Have you taken any courses or anything of that 22 nature-- 23 A Yes. 2n Q -- after that time? And what are they? 25 ^ I took some secretarial courses at HACC. HUGHES, ALBRH.iIfI', FOLTZ & NAT_ALE 717-540-0220 / 717-393=5101 Page 10 I Q At HACC? 2 A Yeah. 3 Q That's a college? 4 A Yes, Harrisburg Ama Community College. 5 Q Okay. You probably can tell from the accent that 6 I'm not from around here, so if there's anything like that, 7 if you can just tell mc, you know, the full name, not the 8 abbreviated version. 9 (Discussion held off the record.) 10 BYMS. WRIGHT-KLUGER: 11 Q And how long was the secretarial course for? 12 A About six months, one semester. ! 3 Q Did you come away with a qualification at the end 14 of the day? 15 A No. 16 Q Any other kind of certificates or educational 17 certificates that you have received, diplomas, anything of 18 that nature? 19 A No. 20 Q After you had finished at the high school, what 21 did you do after that time? 22 A I worked in a car dealership. 23 Q Which car dealership? 24 A At the time it was Ideal Pontiac Oldsmobile. 25 Q Ideal Pontiac. You said at the time. What is it Multi-Pagcm REBECCA L. BRANDT APRIL 15, 2003 Page 1 A I was a dietary aide. 2 Q And did you have any qualifications with respect 3 to being a dietary aide? 4 A No. 5 Q What made you decide to go from high school into 6 doing that? 7 A I actually had the job during high school -- 8 Q Okay. ^ -- and just continued after high school. I0 Q How long had you had it before? 11 A About -- I think I had it my senior year. 12 Q And how did you get the job at that time? ^ I applied out of the newspaper. 14 Q So you were in the Alliance Home job until you t5 went to Ideal Pontiac Oldsmobile? 16 A Yes. 17 Q And you were there full time after high school? 18 A Yes. 19 Q And when you went to Ideal Pontiac Oldsmobile 20 were you also full time? 21 A Yes. 22 Q You said you were them until '92. What did you 23 do after '92? 24 A I went to another dealership. 25 Q Okay. What dealership was that? I now? Page 1 2 A It's Graham Motor Company now. 2 3 Q Any particular mason you decided to go into I 3 4 presume car sales or -- 4 5 A I was actually a receptionist. 5 6 Q Okay. 6 7 A No particular mason. 7 8 Q And how long were you working there? 8 9 A I worked there from '90 until '92. 9 10 Q An what is your date of b/rth? 10 11 A May 25th, 1971. 11 12 Q So you are 32 years of age? 12 13 A l'llbe32. I'm31. 13 14 Q Okay. Soin 1990 you would have been what, 14 15 197 15 16 A Yes. 16 17 Q Was that the first job after you had completed 17 18 high school? 18 19 A No. 19 to Q What did you do before that? 2o 21 A I worked at a nursing home. It was the Alliance 21 22 Home. 22 23 Q In Harrisburg? 23 24 A No. It's in Carlisle. 24 25 Q And what did you do there? 25 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220 / 717-393-5101 Page A It was Bobby Rahal Toyota. Q Bobby? A Rahal, R-a-h-a-l, Toyota. Q Okay. And how long were you there for? ^ I believe I was there for three years. Q Which would take us up to, what, '95? ^ Yeah, I think that's correct. Q And were you basically doing the same thing them as you were doing at the prior dealership or -- A Basically. I was a service secretary. Q And what did you do in '95 when you left Bobby Rahal Toyota? ^ I went to a title insurance company. Q What prompted you into the job change, or was it a job change? A It was a job change. Still trying to figure out what I wanted to do. Q Okay. And what were you doing them? A At the title insurance I was a receptionist, and I prepared title insurance papers, policies. Q Have you ever been deposed before? A No. Q Have you ever sued anyone before? A No. Q Have you ever been sued before? Page 10 - Page 13 REBECCA L. BRANDT Muiti-Pagem APRIL 15, 2003 Page 14 I A No. 1 2 Q Have you ever been involved in any motor vehicle 2 3 accidents prior to July of 20017 3 4 A No. 4 5 Q What cur were you driving in July of 20017 5 6 A My Oldsmobile Silhouette. 6 7 Q And it was a van, right? 7 8 A Yes. 8 9 Q Okay. Like a mini van? 9 10 A Yes. 10 11 Q So you hadn't switched to Toyota at that point? ! 1 12 A No. 12 13 Q How long had you had that vehicle for? 13 14 A Webought it in 1998. 14 15 Q Where did you buy it from? 15 16 A Graham Motor Company. 16 17 Q Used? 17 18 A No. 18 19 Q New? 19 20 A New. 20 21 Q Where did you get the Oldsmobile serviced on a 21 22 regular basis after the purchase in 19987 22 23 A Probably at Sun Motor Cars. 23 24 Q And where is that located? 24 25 A Camp Hill. 25 Page 15 1 Q And you say probably. Are you the person in your 2 family who is responsible for taking the car into service 3 or was your husband? 4 A I am. The majority of the service was done at 5 Sun Motor Cars. 6 Q And where would the rest of it have been done, if 7 you can recall? 8 A Probably-- 9 Q Okay. 10 A -- Graham for some of it, and oil changes maybe 11 at Jiffy Lube. I'm not exactly sure. 12 Q Was your car in good working ordex -- 13 A Yes. 14 Q .- at the time of lhis accident in July of 2001 ? 15 A Yes. 16 Q Are you alleging at tbe time of lhe accident that 17 anything was wrong with your car? 18 A No. 19 Q Did you drive here today? 20 A Yes. 21 Q What car are you currently driving? 22 A My Oldsmobile Silhouette. 23 Q You had it repaixed? 24 A Yes. 25 Q Do you have your license on you? Page 14 - Page 17 Page 161 A Yes. Q Can I have a look at it, please. Just for the record, the license states Rebecca L. Brandt, organ donor, license number 22 412 791, issued April 23, 1999, birth&ate May 25, '71, expires May 31, 2003, height 5'4", eyes brown, Class C, restrictions -- no restrictions. Is that your understanding, you have no restrictions with regard to driving'?. A Yes. Q Do you wear eyeglasses? A No. Q Have you ever seen an optician? A Yes. Q Who? A Dr. Yorkgitis. Q Do you know how to spell that? A Y-o-r-k-g-i-t-i-s, I believe. Q And where is he located? A Carlisle. Q ~ was tho last time you saw him7 A Probably two years ago. Q What was the purpose of seeing hixn? A Routine exam. Q How often do you have a routine exam? A Usually once a year. Page 17 MS. WRIGHT-KLUGER: Would you like to see this 2 Counsel? 3 MR. MURPHY: That's fine. Thank you. 4 BY MS. WRIGHT-KLUGER: 5 Q Have you ever seen any other optician apart from 6 Dr. Yorkgifis? 7 A Yes. 8 Q Who else have you seen? 9 A Premiere Eye Care. 10 Q Where is that located? A Harrisburg. 12 Q Anyone else? 13 A No. 14 Q DO you have a family physician? 15 A Yes. 16 Q Who is it? A Three Springs Medical Clinic. 18 Q What's the doctor you normally see there? 19 A Dr. Daniels. 20 Q Was he your family doctor at the time of this accident in July -- 22 A Yes. 23 Q -- of 20017 24 A Yes. Sorry. 125 Q And is he your current family doctor? HU{.iI-II~S, ALBRIGHT, FOL'FZ & NATALE 717-540-0220 1 717-393-5101 Multi-Pagem REBECCA L. BRANDT APRIL 15, 2003 A Yes. 2 Q Is he your kids' family doctor? 3 A No. 4 Q Who do your kids see? 5 A Carlisle Pediatrics. 6 Q What about your husband, does he go to 7 Dr. Daniels? 8 A Yes. 9 Q What color is your Oldsmobile? 10 A Tan. 11 Q Have you ever -- well, let me phrase it this way. 12 When did you first get your driver's lioense7 Page 18 Page 20 I you pay a fine, or did you have to appear in court or ~- 2 A I paid a fine. 3 Q Okay. 4 A I was stopped probably three years ago for 5 speeding in Carlisle. 6 Q Whereabouts, do you remember? 13 A When I was 16. 14 Q Has it ever been suspended or revoked? 15 A No. 16 Q Have you ever been arrested? 17 A No. 18 Q Have you ever been ticketed by a police officer? 19 A Yes. 20 Q When was that? 21 A Oh, geez. Once when I was 17. 22 Q What do you understand by ticketed? 23 A Do you mean speeding tickets? Q Well, I mean any kind of citation. 25 A Okay. 7 A Yes. Clemson Drive. 8 Q And again, what was the outcome of that? 9 A Paid a fine. 10 Q Did you have to appear in court? 11 A I did. 12 Q And why? Page 19 Q So any kind of either speeding ticket or a 2 violation for careless driving or any kind of other 3 speeding violation. 4 A Okay. 5 Q Do you stand by your answer, once when you were 6 177 7 A Oh, mom than that. 8 Q Okay. 9 A A lot more. tO Q I was going to say, you're an angel. Okay. 11 A I don't recall the date. l was stopped in North 12 Carolina. 13 Q Okay. 14 A And also ~- 15 Q What for? 16 A Speeding. 19 20 21 22 23 24 25 17 Q Okay. Do you remember what year that was? Say 18 in the last ten years? A Yes. Q Okay. How about the last five? A No. Q Okay. So maybe five -- between five and ten A Yes. Q Okay. What happened with respect to that? Did HUGHES, ALBRIGHT, FOLTZ & NATALE 13 A Because I pleaded not guilty. 14 Q Okay. Did you have an attorney with respect to 15 that? 16 A No. 17 Q Okay. Did you have an attorney with respect to 18 the North Carolina? 19 A No. 20 Q And what about the one when you were 17, was that 21 a speeding ticket? 22 A Yes. 23 Q And where was that? 24 A It was in Maryland. 25 Q Any more? 1 2 A Other than the accident. Q Okay. And did you receive a citation or ticket A Yes. Q -- with regard to that? And what is the status 6 of that? 7 A I paid that fine. 8 Q How much was the fine? Can you recall? 9 A I believe it was around $96. 10 Q Did you have to appear in court at all? 11 A No. 12 Q Did you plead guilty? 13 A Yes. 14 Q So I'm presuming you had no attorney with respect 15 to that, correct7 16 A No. 17 Q Do you know what the ticket that you received as. 18 a result of July of 2001, do you know what that ticket was 19 with respect to? 20 A To the accident. 21 Q Do you know the charge? 22 A No, I don't recall. 23 Q Do you have a cell phone? 24 A Yes. 25 Q Do you have it with you? Page 21 717-540-0220 / 717-393-5101 Page 18 - Page 21 REBECCA L. BRANDT Multi-Pagc~ APRIL 15, 2003 Page 22 1 A Yes. 2 Q Can I have a look at it? Was this the same cell 3 phone that you had in July of 20017 4 A Yes. 5 Q What's its number; do you know? 6 A 215-1929. 7 Q And that's with a 717 area code? 8 A Yes. 9 Q Okay. And who is your cell provider? 10 A AT&T. 11 Q Those arc the people who bill you, right? 12 A Yes. 13 Q And just for the record, it's a Nokia, nice 14 little blue mobile. Okay. q~he accident we've been talking 15 about of July 13, 2001, do you recall it? 16 A Yes. 17 Q Sitting here today do you recall it 18 independently? 19 A Yes. 20 Q Have you looked over any documents with your 21 attorney prior to this deposition date? 22 A No. 23 Q Have you looked at a police report prior to this 24 deposition date with respect to this accident obviously? 25 A No. Page 23 1 Q Briefly tell me what you recall about the 2 accident. 3 A I was traveling down the road, and traffic was 4 heavy because of the car show that was in town, and where 5 traffic was stopped there usually is not traffic stopped 6 there, but I looked away, looked back, and saw the traffic 7 had stopped, hit the brakes, tried to swerve to miss him to 8 the left, and ended up hitting him in the left rear quarter 9 panel -- corner of his velaicle. 10 Q Where were you going to at the time? 11 A Hom~. 12 Q And the home is the address you gave me of -- 13 what was it -- Valley Road, Valley Drive? 14 A Yes. 15 Q And where had you been? 16 A I had dropped mY stepdaughter at her m9ther's' 17 Q And who is your stepdaughter? 18 A Jordan. 19 Q is she one of the four that we went through? 20 A Yes. 21 Q And how old was she? 22 A Wasshe? Shewas 15. She is now lT. 23 Q She is 177 24 A Yes. 25 Q Jordan you said? Page 22 - Page 25 Page 24 A Yes. 2 Q Which of these children are your natural 3 children? 4 A The 12-year-old and the 4-year-old. 5 Q So -- okay. Oh, I see. I'm sorry. You w~re 6 dropping Jordan off at her mother's? 7 A Yes. 8 Q And where did hex mother live? 9 ^ I knew you were going to ask me that. Her mothe~ 10 has lived a lot of places. 11 Q Okay. Why don't we start off with what's the 12 motl'~r's name? 13 A Sham. 14 Q Shawn? 15 A Yes, S-h-a-w-n. 16 Q What's her last name? 17 A Bl:andt. 18 Q Okay. Where do you think she was living in 20017 20 A She was living near the Carlisle High School. Q And was there any particular purpose that you 22 were dropping your stepdaughter off at hex house at that 23 time? 24 A No. 25 Q There was no purpose whatsoever? Page 25 1 A She just wanted to go over. 2 Q Okay. Where were your other children during this 3 period of time? 4 A They were with my neighbor. 5 Q What about the 18-year-old who I preseme was 16 6 at thetime, whcrc was he? Whydidn't hewant togotohis 7 stepmother's -- to his mother's also? 8 A I'm not sure where she was at the time. 9 Q Okay. 10 A I don't recall. 11 Q I'm presuming that you would have in your 12 possession tho telephone number or address of Shawn Brandt 13 currently? 14 A No, I do not. 15 Q Do you know where she is currently? 16 A Yes. 17 Q Where is she? 18 A She lives in Crardners. 19 Q Gardners? 20 A G-a-r-d-n-e-r-s. 21 Q Where is that? 22 A It's near Mt. Holly, pennsylvania. 23 Q Do you have an address for her at hume? 24 A No, I do not. 25 Q Does your husband? HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540=0220 / 717-393=5101 Multi-Pagem REBECCA L. BRANDT APRIL 15, 2003 Page 26 A He nfight. 2 Q Would he have a telephone number7 3 A Probably. 4 Q How about your children, would they also -- well, Page 28 1 going to be doing with Shawn that you were aware of? 2 A NO. 3 Q Do you recall what time it was in the day when 4 you dropped her off? 5 your stepchildren, would they know where -- 6 A Yes. 7 Q So probably at your home you would have her 8 telephone number, correct, somewhere in the house? 9 A Somewhere, yes. 10 Q So you could get that for me, correct? 11 A Yes. 12 Q Now, you said Jordan was 15 at the time, 13 correct? 14 A Yes. 15 Q Tell me how that day began, July 13. Givemea 16 rundown of the day. 17 A Well-- 18 Q Do you recall what day it was? 19 A No, I do not. 20 Q Day of the week? 21 A (Shakes head from side to side.) 22 Q Okay. 5 A Approximately 3:30, 3:00, 3:30. 6 Q So what time do you think the accident was, if 7 you can recall? 8 A I believe it was around 4:00. 9 Q In 2001 what kind of activities did Jordan do? 10 A She was a cheerleader. 11 Q What else? 12 A She went to school, not in July but -- 13 Q Okay. What did she generally do in July? 14 A I dnn't know. 15 Q Do you know whether she was going to go shopping 16 with Shawn? 17 A I don't know what they were planning to do. 18 Q Had you spoken to Shawn before dropping off 19 Jordan at the house? 20 A No. 21 Q So you just dropped by? 22 A No, she spoke to her. I didn't. 23 A I know what I was doing at the time. I was 24 dropping her off, and we were going to go to Michaels Craft 25 Store, my neighbor and my other kids, but the rest of the Page 27 I day I don't recall what I did. 2 Q So when you were in this accident there were 3 other people in your vehicle? 4 A No. 5 Q Okay. So I'm sorry. I'm not understanding you. 6 You said you dropped Jordan off, and you were dropping ber 7 off, and then you were going to go to Michaels Craft Store 8 with the kids? 9 A Yes. 10 Q You were going to return home? 11 A Yes. 12 Q Pick the kids up? :13 A Yes. 14 Q Okay. And why were you going to Michaels Craft 15 Store; can you recall? 16 A Probably for scrapbook supplies. 17 Q Scrapbook? 18 A Scrapbook supplies. 19 Q You can tell I don't have kids. And Jordan I 20 guess wasn't interested in doing that? 21 A No. 22 Q Okay. Had she particularly asked to go then to 23 Shawn Brandt's house? 24 A Yes. 25 Q Was there any particular activity that Jordan was HUGHES, ALBRIIJHT, FOLTZ & NATALE 717-540-0220 / 717-393-5101 23 Q Jordan spoke to Sham? 24 A Uh-hum. 25 Q Okay. When was that; do you recall? A Shortly before we left. 2 Q And how far away was Shawn's house from your 3 house at the time? 4 A Approximately five miles. 5 Q Was Shawn residing with anyone at the time, to 6 your knowledge? 7 A I believe she was. 8 Q Do you know who? 9 A Scott McCoy. 10 Q Do you know his currant whereabouts? 11 A I believe they still live together. 12 Q When you were -- in fact, just let me go back a 13 second. You were going to relate for me the activities 14 that you were doing that day and kind of go through your 15 day from first thing in the morning. Can you do that for 16 me? 17 MR. MURPHY: She has already testified that she .. 18 just can't recall what she did that day other than what she 19 has already testified to with regard to dropping Jordan 20 off, going to Michaels Crafts. 21 BYMS. WRIGHT-KLUGER: 22 Q Okay. Well, I mean I'm not sure that she did 23 testify to that, but if I can ask the question again, and 24 then she can tell me. 25 During that day is there anything other you can Page 29 Page 26 - Page 29 REBECCA L. BRANDT Multi-PagO~M APRIL 15, 2003 Page 30 recall apart from dropping Jordan off and your intent to go A 2 to Michaels Crafts? Can you remember what you ate that 2 Q 3 morning, what you were doing with the kids that morning, 3 A 4 whether you had sent the kids away for any activities? 4 Q 5 Anything that morning can you remember before the 5 A 6 accident? 6 Q 7 A No, I cannot remember. 7 A 8 Q So your mind is a complete blank as to what 8 Q 9 happened before dropping Jordan off; is that correct? 9 A 10 A Yes. 10 11 Q Okay. What if 1 told you that this accident was 11 12 on a Friday, would that make your recollection any clearex 12 13 as to what you would normally be doing on a summer Friday 13 14 in the summer? 14 15 A No, it would not. It would not. 15 16 Q I presume you were not working at the time? 16 17 A I was working. 17 18 Q And where were you working then? 18 19 A Sun Motor Cars. 19 20 Q And what were your hours then? 20 21 A l had flexible hours. I took one to two days off 21 22 a week, varying days. 22 Z3 Q Why did you take two days off a weck? 23 24 A To stay home with my son and my daughter. 24 25 Q When you say your son, you am referring to the 25 Page 31 child that's four years old? 2 A Yes. 3 Q What's his name? 4 A Jacob. 5 Q And at the time of this incident then be was 6 two? 7 A Uh-hom. 8 Q And who was the daughter that you were staying at 9 home and looking after? 10 A Madeleine. 11 Q Madeieine? 12 A Yes. 13 Q And how old was sbe at tbe time? 14 A Ten. 15 Q Who looked after those two childmm thc mst of 16 the week when you were working? 17 A My son had a baby-sitter, and my daughter stayed 18 with the neighbor. 19 Q Do you have any family in thc immediate area? 20 A Yes. 21 Q Who? 22 A Ail my family. 23 Q Do any of them live on thc same road as you? 24 A No. 25 Q Within a two-mile radius? Page 30 - Page 33 Yes. Who would that be? My grandparents. What are their names? William and Joyce McClure. McClure? Yes. And what road do they live on? Spring Road. Page 32 Q When you related to me that you were involved in this motor vehicle accident and when I'm referring to the motor vehicle accident it's obviously thc one of July 13, 2001, you said that you were traveling down the road. Can you tell me which road you were traveling down? A Tbe Harrisburg Pike. Q Do you recall which direction you were going? A North. Q Had you traveled this road before? A Yes. Q How many times? A Nmcrous times. It's the road that leads to my house. Q And is this thc direct route from Shawn Brandt's house? A Yes. Page 33 Q How many times say on a weekly basis would you 2 drive to Shawn Brandt's house to drop off one of the 3 kids? 4 A 5 Q 6 A 7 Q 8 A 9 Q 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Maybe enee. And that was when a child asked to go? Uh-hum, yes. Do you still work with Sun Motors? No. Who do you work for now? A MysclL Q What do you do? A I nm a scrapbook supply store. Q Gave up on Michaels, huh? A Yeah. Q And how long have you been doing that? A A lime over a year. Q And what made you go into that? A It was a hobby. Q Uh-hllm. A And tired of driving to Michaels. Q What was the weather on the day of this incident? A It was sunny. Q Any precipitation? A Not that I recall. Q Was there anything obstructing your view? ALBRIoH'r, FOL'I'Z & NATALE 717-540-0220 1 717-393-5101 Multi-Pagem REBECCA L. BRANDT APRIL 15, 2003 Page 34 1 A No. I A Nobody. 2 Q Were you wearing anything on your head or face? 2 Q Is he currently employed? 3 A No. Maybe sunglasses but nothing else. 3 A No. 4 Q Do you recall whether you were wearing 4 Q When did they go out of business, what year? 5 sunglasses, or were you wearing sunglasses? 5 A 2001 -- 2002. 2002. I'm sorry. 6 A I don't recall. 6 Q So you called him. Did you call anyone else? 7 Q Did you have your cell phone on at the time of 7 A I called my neighbor that had my kids. 8 the accident? 8 Q '¢?no is the neighbor? 9 A Yes. 9 A Jennifer. 10 Q Who were you speaking with? 10 Q Jennifer? 11 A Oh, no. 11 A Jennifer Ford. And l called the police. I 12 MR. MURPHY: Object to the form of the question. 12 called the police fa'st. 13 THE wrr~Ess: It was on power. 13 Q And when you called David, was he on his cell, or 14 MR. MURPHY: I'm not sure whether you are asking 14 was he on a work number that you called him? 15 her was she using the phone at time or was the phone on? 15 A On his cell phone. 16 BY MS. WRIGHT-KLUGER: 16 Q A private cell phone or a work cell phone? 17 Q Okay. lwiIlrephrase. Were you speaking to 17 AAwork. 18 someone on the phone at the time of this accident? 18 Q How long after the impact do you think you placed 19 A No. 19 the call to the police, which you said was your first call? 20 Q Was the phone on at the time of this accident? 20 A Immediately. 21 A Yes. 21 Q Was that of your own accord? 22 Q Was the phone ringing at time of this accident? 22 A I don't understand. 23 A No. 23 Q Did you call the police of your own accord, or 24 Q Okay. Was the phone ringing within ten minutes 24 did someone tell you to call the police or ask that you 25 or five minutes prior to this accident? 25 call the police? Page 35 1 ^ No. Page 37 1 A I asked if I should call the police. 2 Q So no one had attempted to call you within ten 2 Q Who did you ask that ol? 3 minutes prior to this accident? 3 ^ (Indicating.) 4 A No. 4 Q You are pointing? 5 Q Did you call anyone after the accident? 5 A The driver of the vehicle. 6 ^ Yes. 6 Q The record won't show a point. 7 Q Who? 7 ^ I am sorry. The driver of the vehicle. 8 A My husband. 8 Q And he is in the room with us today. That's 9 Q And where was your husband at the time? 9 George Matterazzo. Just for the record, that's who 10 A Work. 10 Mrs. Brandt is pointing to. 11 Q Where does he work? I 1 Are you alleging that Mr. Matterazzo, 12 A He works all over the place. 12 to facilitate this accident? 13 Q What's he do? 13 A No. 14 A He's a network engineer. 14 Q Is it your belief sitting here today that you 15 Q Who was his employer in 20017 15 were responsible for this accident? 16 A Network Visions. 16 A Yes. 17 Q Network Visions? 17 Q Were you distracted at the time of the accident 18 ^ l/h-hum. 18 for some reason? 19 Q Where are they located? 19 ^ I don't think so. 20 A They are no longer in business. 20 Q Wall, were you looking in front of you at the -- 21 Q Okay. Did they merge? 21 A No, I was not. z2 ^ No. They closed. 22 Q Where were you looking? 23 Q They closed out of business? 23 A Down. 24 A Yes. 24 Q What were you looking at? 25 Q Who did he work for after that? 25 ^ I don't recall. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540--0220 1 717-393~5101 Page 34 - Page 37 REBECCA L. BRANDT Multi-Pagem APRIL 15, 2003 Page 38 I Q Did you have anything in your lap? 2 A NO. 3 Q Where was your cell phone at the time of the 4 accident? 5 A In my pocketbook. 6 Q Where was your pocketbook? 7 A On the floor. 8 Q On the floor where? 9 ^ In ben:ween the seats. 10 Q Did you have anything else in the car with you at 11 the time of the accident? 12 A No. 13 Q So you don't know what was distracting your 14 attention, but you were looking down? 15 A Yes. 16 Q And you weren't looking at anything specific, or 17 you were looking at something specific? 18 A I-- 19 Q I'm just trying to figure out why you were 2o looking down? 21 A I don't know. I don't recall what I was looking 22 at. 23 Q Okay. Do you recall how long you had been Z4 looking down before the impact in terms of seconds? 25 A Two, three. Page 39 Q Was your radio on at the time of the accident? 2 ^ Yes. 3 Q Were you trying to change the radio channel -- 4 A No. 5 Q -- or alter the radio channel? 6 A No. 7 Q Were you to'lng to do anything with any of the 8 buttons in your car? 9 A No. 10 Q Okay. What radio channel do you normally listen 11 to? 12 A It varies. 13 Q So you don't have a favorite? 14 A Not really. 15 (Discussion held off the record.) 16 BY MS. WRIGHT-KLUGER: 17 Q Was your air-conditioning on? 18 A Yes. 19 Q Were you attempting to do anything with that at 20 the time -- 21 A NO. 22 Q -- that you wm-e looking down? 23 A No. 24 Q Where were your hands at the time you were 25 longing down? Page 38 - Page 41 Page 40[ A One was on the steering wheel. 2 Q And where was the other one? 3 A Maybe in my lap. 4 Q Okay. And was it still in your lap? 5 MR. MURPHY: XJ~IL*II9. 6 BY MS. WRIGHT-KLUGER: 7 Q When it was in your lap. She said she had one 8 hand on the wheel and one hand in your lap when you were 9 looking down for that two or three seconds. What was your 10 hand in your lap doing for that time, anything? 11 A No. 12 Q Okay. Were any of your windows opon? 13 A I don't reeall. 14 Q You talked about the impact. You said that the 15 traffic was heavy because of the car show. How were you 16 aware that them was a car show that day? 17 A Everybody knows there's a car show. 18 Q Okay. Am there signs evel-ywbere? 19 A No, there's just cars everywhere. 20 Q Okay. How long was the car show going to last; 21 do you know? 22 A It's usually a Thursday, Friday, Saturday, 23 Sunday, weekend. 24 Q So before you got into your vehicle to go to 25 Shawn's that day, you would have known that the car show Page 41 I was on that day? 2 A Yes. 3 Q I believe I also -- you said, and correct me if 4 I'm wrong and I'm paraphrasing, that usually the traffic is 5 not stopped there? 6 A Yes. 7 Q What do you mean by that? 8 A There's no light. There is no stop sign. 9 Q No light and no stop sign? l0 A Yes. 11 Q It,s my understanding that them was a traffic 12 light there. 13 A Quite aways up the road there's a traffic light. 14 Q Okay. How far up the road would you say? 15 A Maybe a mile. 16 Q Okay. And could you s~e it from-- 17 A No. 18 Q Okay. Can you explain the road forme? Asl 19 told you, I'm not familiar with the area. Can you explain 20 to me the Harrisburg Pike, the mount of lanes there are 21 and you know? 22 A It's a two-lane road. 23 Q Okay. Has it got yellow lines down the middle or 24 -- 25 A Yes. HUL~HI~S, ALBRIGHT, FOL'rZ & NATALE 717-540-0220 / 717-393-5101 Multi-Pagem REBECCA L. BRANDT APRIL 15, 2003 Page 42 Q So it's two lanes in either direction? 2 A Yes. 3 Q With solid yellow lines or dotted yellow lines? 4 A No, solid. 5 Q And how long had you been on the Harrisburg Pike 6 prior to this impact, I mean in terms of miles, if you can 7 give me an estimate? 8 A I don't know. 9 Q And during that one mile, were you in the passing 10 lane, or were you in the inside lane? 11 A There's only two Ianes. 12 Q Oh, one either way? I vehicle? 2 A I don't know. 3 Q Was your vehicle towed from the scene? 4 A No. 5 Q Or was it drivable? 6 A It was &ivable. 7 Q Did your air bag go off?. 8 A No. 9 Q Did you have an air bag? I0 A Yes. 11 Q Was it on? 12 A Was it on? Page 44 13 A Yes. 14 Q I'm sorry. I thought you said two either way. 15 Okay. So at the time of impact with Mr. Mattemzzo's 16 vehicle, there was only one lane, correct? 17 A Yes. 13 Q 14 A 15 Q 16 A 17 Q Yes. You can switch air bags on and off. Yes. I don't have a switch. You don't? No. Okay. So I'm sorry. It didn't deploy? 18 Q Okay. Before you impacted with Mr. Matterazzo's 19 vehicle, did you see a line of traffic in front of 20 Mr. Matterazzo? 21 A Yes. 22 Q Okay. And how far away were you from let's say 23 the mar end of Mr. Matterazzo's vehicle when you saw the 24 line of traffic, if you can estimate for me? 25 A I'm not sure. One car length. Page 43 Q Okay. And when you did see the line of traffic, how long would you say the line of traffic was? A About a mile until the light but... Q But you only saw it when you were one car length 18 A No, it did not. 19 Q Were you wearing a seat belt at the time of the 20 accident? 21 A Yes. 22 Q Had you got any appointments that day? 23 A No. 24 Q Had your children got any scheduled appointments? 25 A No. Q I believe you also said -- and again correct me 2 if I'm wrong -- that you tried to swerve to the left? 3 A Yes. 4 Q What was to the left? Page 45 5 away? You didn't see it any time prior to this time? Is 6 that your testimony? I'm just trying to figure out when 7 you first saw this whole line of traffic. 8 MR. MURPHY: She has answered the question. 9 THE WITNESS: Yeah. 10 BY MS. WRIGHT-KLUGER: [0 11 Q Okay. When you impacted the rear of Mr. 11 12 Matterarzo's vehicle, did you think that his vehicle was 12 13 stationary or that it was moving? 13 14 A I believe it was moving just a little bit, moving 14 15 slowly. 15 16 Q Do you know what the speed limit is on the 16 17 Harrisburg Pike? 17 18 A I believe it's 40. 18 19 Q Do you know what speed you were doing on the 19 20 Harrisburg Pike for the mile prior to impact with 20 21 Mr. Matterazzo's vehicle? 21 22 A I don't know exactly, but I was under the speed 22 23 limit. 23 24 Q And do you know, can you approximate for me the 24 25 speed you were doing when you impacted Mr. Matte'ram's 25 HLIGHES, ALBRIGHT, FOL'I'Z & NATALE 5 A Mom cars. 6 Q Okay. So how far away were you from 7 Mr. Matterazzo's vehicle before I presume you either tried 8 to swerve or you applied your brakes? 9 MR. MURPHY: Or both7 BY MS. WR1GHT-KLUGER: Q Or both. I guess I should probably go back and ask you it step by step. When you FL'St saw Mr. Matteraz~'s vehicle, did you apply your brakes? A Yes. Q Were your brakes applied before then or just when you saw his vehicle? A Just when I saw his vehicle. Q Okay. And how far away were you from his vehicle when you applied your brakes? A I don't know. Q Well, we have a lovely long room here. Can you estimate for me in terms of this length of this room or the table length how long, how far away you were from Mr. Matterazzo's vehicle? 717-540-0220 / 717-393-5101 Page 42 - Page 45 REBECCA L. BRANDT Multi-Pagem APRIL 15, 2003 Page 46 A Probably a little longer than the table. 2 Q A little longer than the table? 3 A (Nods head up and down.) 4 MS. WRIGHT-KLUGER: ~/hat's this, J~, a nine-foot 5 table? 6 MR. ~rdRPHY: I haven't a clue. I'm not good with 7 distance. 8 MS. WRIGHT-KLUGER: IS anyone able to give me an 9 estimate? I'm going to say for the record it's probably a 10 nine-foot table, but we can always come back and measure llit. 12 MR. MURPHY: I don't know that to be true. 13 BY MS. WRIGHT-KLUGER: 14 Q So you were approximately over tl~ length of this 15 table away when you first applied your brakes, correct? 16 A Yes. 17 Q And did you apply your brakes forcibly? 18 A Yes. 19 Q And why was that? ^ To try to stop quicker. Q And I believe you also said that you attempted to 22 swerve? 23 A Yes. 24 Q Why did you do that? 25 A So that I wouldn't hit him. Page 47 Q Did you sound your horn? 2 A I don't recall. 3 Q Did you hear any screeching of tires? 4 A Yes. 5 Q In your opinion, what was the impact like, light, 6 moderate or heavy? 7 A Moderate. 8 Q But you had never been in a motor vehicle 9 accident before, correct? 10 A No. 11 Q So what do you'base that on? 12 A My opinion. 13 MR. MURPHY: The movies, life. 14 BY MS. WRIGHT-KL[JOER: 15 Q Your opinion is based on something. What's your 16 opinion based on? 17 A How fast I was going. 18 Q What about the damage to the vehicles, can you 19 describe for me the damage to your vehicle to start with' 20 A I had damage to the right side of my vehicle, the 21 right front. 22 Q Was your headlight affected? A Yes, my headlight. 24 Q Your headlight was broken? 25 A Yes. Page 46 - Page 49 Page 48 Q Was your front bumlxx' panel, was that damaged in 2 any way? 3 A What, are you talking the long front of the 4 vehicle? 5 Q Tbe hood, the hood. 6 A Yes. 7 Q How about the side panels, either to the left or 8 to the right of the front of the vehicle? 9 A Yes. 10 Q Both of tbem or just -- 11 A Just the right. 12 Q Just the right? 13 A Uh-hum. 14 Q So basically would it be true to say that it was 15 basically your right passenger side impacting with 16 Mr. Matterazzo's left driver's side rear? 17 A Yes. 18 Q Okay. Immediately following the impact, what did 19 you do? 20 A Pulled off to the side of the road. 21 Q And where was that, if you can recall? Try and 22 explain to me. I know you said it was one lane. Was there 23 an area that you could pull off?. 24 A There was an area. I don't know. It goes into 25 like a little park, and we pulled into there. Page 49 Q So did you pull over to the fight-hand side? 2 A Yes. 3 Q Was them almost like a breakdown lane? Was 4 them-- 5 A No. 6 Q It was a park? 7 A Yes. 8 Q What's tha name of tbe perk; do you know? 9 A It used to be Dickinson, but I don't know what it 10 is now. 11 Q And did you pull off of your own accord, or were 12 you told to pull off or asked to pull off?. 13 A Of my own. 14 Q And how long do you think it was after the impact 15 that yon pulled off to the side of the road? 16 A A few seconds. 17 Q Did you see any debris on the road at that point 18 in time? 19 A I don't recall 20 Q Did you pull off to the side before or after you 21 called the police? 22 A Before. 23 Q Had you spoken to Mr. Matterazzo or anybody else 24 at the scene prior to pulling off?. 25 A No. HUGHES, ALBRIGHT, FOLTZ & NATALE 717=540-0220 / 717-393-5101 Multi-PageTM REBECCA L. BRANDT APRIL 15, 2003 Page 50 Q Were you aware of what Mr. Matterazzo was doing 2 at that time or the people in his vehicle? 3 A No. 4 Q Had you looked at Mr. Matterazzo's vehicle prior 5 to pulling off? 6 A Yes, he pulled off before me. 7 Q And when you looked at his vehicle, what was the A NO. 2 Q Were you shaken up? 3 A Yeah. 4 Q Were you bruised? 5 A No. 6 Q Did any portion of your body hit any portion of 7 the interior of your vehicle? Page 52 8 damage to his vehicle, if you can recall? 9 A The fight rear was crashed in. 10 Q The right rear? 11 A Sorry. The left rear. 12 Q It's difficult. Iknow. It was cmshed in? 13 A Dh-hum. 14 Q Was it because he pulled off that you then pulled 15 off? 16 A No. 17 Q Why did you pull off? 18 A Because it was -- because I had damage to my 19 vehicle, too. I needed to get out of the lane of traffic 20 to find out what happened. 21 Q Okay. So before you pulled off you hadn't got 22 out of your vehicle at all, would that be correct? 23 A I don't recall getting out of my vehicle, no. 24 Q And you don't recall speaking to anyone at the 25 scene before you got -- before you pulled off? 8 A No. 9 Q In the two weeks after this accident, did you go 10 to see any medical provider? 11 A No. 12 Q Have you been to see any medical provider since 13 with respect to injuries that you may have ineun'ed in this 14 accident? 15 A No. 16 Q Do you recall having any conCersation with either 17 Mr. Matterazzo who is currently present or anyone else in 18 his vehicle at the scene of this accident? 19 A No. 20 Q Apart from the one you have told me about calling 21 the police, correct? 22 A Right. 23 Q So nothing else? 24 A No. 25 Q Did you overhear any of the occupants of A No. Page 51 2 Q Okay. What happened after you pulled off? 3 A I got out of my vehicle and wont to his vehicle 4 and to see if everybody was okay. 5 Q And at that time did you have a conversation with 6 anyone at the scene? 7 A Well, sort of. I asked if he wanted me to call 8 the police, and he said yes. 9 Q Do you recall how long it was between the time of 10 the impact and the time that the police actually arrived on 11 the scene? 12 A Actually two policemen arrived. The first one 13 was out of his jurisdiction, end that was probably within 14 five minutes, and then within a couple more minutes the 15 other one came. 16 Q Did yon know either of these offieers? 17 ^ No. 18 Q Are you aware of anyone who actually witnessed 19 this accident? '20 A No. 21 Q What did you say to the police officer? Well, 22 there's two police officers, so what did you say to the 23 first police officer? 24 A I don't recall. 25 Q Were you hurt as a result of this accident? HU~HES, ALBRIGHT, FOLTZ & NATALE Page 53 I Mr. Matterazzo's vehicle speaking with anyone at the scene 2 of the accident? 3 ^ Speaking with each other. 4 Q Speaking with anyone, either each other or the 5 police officer? 6 A They were speaking with each other. 7 Q Were they out of their vehicle at that time? 8 A Yes. 9 Q And can you recall what they were saying? Did 10 you overhear any of their conversations? 11 A No. 12 Q When did you report this accident to your 13 insurance agent? 14 A The same day. 15 Q Excuse me? 16 A That same day. 17 Q And did you report it to your agent? 18 A Yes. 19 Q And who is that? 20 A Jeff Conant, C-o-n-a-n-t. 21 Q And is he an Allstate representative? 22 A Yes. 23 Q Whoe is be located? 24 A Carlisle. 25 Q Have you ever made a recorded statement to 717-540-0220 / 717-393-5101 Page 50 - Page 53 REBECCA L. BRANDT Multi-Priger~ APRIL 15, 2003 Page 54 I anybody with respect to this accident? 2 A Not to my knowledge. 3 Q Have you spoken with any insurance adjustors with 4 regard to this accident? 5 A Yes. 6 Q 7 A I don't know. 8 Q When were you first contacted by insurance 9 adjustors after this accident? 10 A I believe the next day. 11 Q And was that your adjustor, or was it for 12 Mr. Matterazzo's cartier? 13 A It was from Allstate. 14 Q Okay. And you den't recall tbe name? 15 A No. 16 Q Would you have any notes of that? 17 A No. 18 Q And what was the nature of your dealings with 19 this Allstate agent? 20 IVh'L MURPHY: With the agent or the adjustor? 21 BY MS. WRIGHT-KLUGER: 22 Q '[he adjustor. I'm sorry. 23 A Getting my vehicle fixed. 24 Q So following the accident you had managed to 25 drive your vehicle back to the house; is that correct? Page 55 A Yes. 2 Q Did you ever make it to Michaels that day? 3 A Yes. 4 Q How did you make it to Michaels? 5 A In my neighbor's car. 6 Q Do you recall what you went to Michaels for? 7 A Scrapbook supplies. 8 Q Were these scrapbook supplies for your own 9 children or for a project that the child~n were doing? A For myself. Q Fo1' yourself?. A (Nods bead up and down.) Q For what purpose? A For a scrapbook. Q Okay. You keep scrapbooks? A Yes. Q Okay. V~nat kind of things do you keep in your 18 scrap books? 19 A Photos. 20 Q Okay. Is this something you did for a hobby or 21 something that you were employed or paid to do? 22 A Hobby. 23 Q Was there any particular project that day you 24 were doing with your scrapbooks? 25 A No. I0 11 12 13 14 15 16 17 Page 54 - Page 57 Page 56 I Q Did the kids go with you? 2 A Yes. 3 Q And when I say kids, who would those kids have 4 been? 5 A Madeleine and Jacob. 6 Q Madeleine and Jacob? 7 A Uh-hum. 8 Q Okay. 9 A Yes. 10 Q And what time did you eventually get to Michaels if you can recall? 12 A I don't recall. 13 Q Did you report the accident to your insurance 14 agent before you went to Michaels? 15 A Yes. 16 Q And I believe you said you ended up having your 17 vehicle repaired, correct? 18 A Yes. 19 Q Can you recall where it was repaired? 20 A Sun Motor Cars. 21 Q Sun? 22 A Motor Cars. 23 Q Okay. Do you recall or do you know how much i~ 24 was repaired for? 25 A No, I do not. Page 57 1 Q Did you have a deductible? 2 A Yes. 3 Q When you were relating before thc motor vehicle 4 accident, and again correct me if I'm wrong, you stated 5 something about you were looking backwards and forth, or 6 you were looking back end forth before the accident. Do 7 you recall saying that? 8 A Looking down. 9 Q Just looking down? 10 A (Nods bead up and down.) 11 Q Okay. So you wemn't looking from side to sida? 12 A No. 13 Q Okay. Have the police contacted you since this 14 accident with respect to this accident? 15 A NO. 16 Q Have you had any motor vehicle accidents since 17 this accident of July, 20017 18 A No. 19 Q Does your husband also drive? 20 A Yes. 21 Q Does he have a vehicle? 22 A Yes. 23 Q Is that vehicle also insured with Allstate? 24 A Yes. 25 Q Were you expected imo work on the day you had HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220 / 717-393-5101 Multi-PageTM REBECCA L. BRANDT APRIL 15, 2003 1 this accident? 2 A No. 3 Q Had you made any stops between going from Sham's 4 after dropping off Jordan to the time that you had this 5 accident? 6 A No. 7 Q I'm just going to have a quick look through my 8 notes, and we should be done. Okay. Are you aware of any 9 photographs of either your vehicle or the scene of the 10 accident in existence? 11 A Not that I'm aware of. 12 Q Did you take any photographs of your vehicle 13 following the accident? 14 A No. 15 MS. WRIGHT-KLUGER: 1 think that's it. Thank 16 you. 17 18 19 20 21 22 23 24 25 THE WITNESS: Uh-hum. (The deposition was concluded at 11:13 a.m.) Page 59 I COUNTY OF DAUPHIN : 2 : SS 3 COMMONWEALTH OF PENNSYLVANIA : 4 I, Diane F. Foltz, a Notary Public, authorized to 5 administer oaths within and for the Commonwealth of 6 Pennsylvania, do hereby certify that the foregoing is the 7 testimony of Rebecca L. Brandt. 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questions 10 and answers were taken down stenographically by the said 11 Reporter-Notary Public, and afterwards reduced to 12 typewriting under the direction of the said Reporter. 13 I further certify the said deposition was taken at 14 the time and place specified in the caption sheet hereof. 15 I further certify I am not a relative or employee or 16 attorney or counsel to any of the parties, or a relative or 17 employee of such attorney or counsel, or financially 18 interested directly or indirectly in this action. 19 I further certify that the said deposition 20 constitutes a true record of the testimony given by the 21 said witness. 22 IN WITNESS WHEREOF, I have hereunto set my hand 23 this 1st day of May, 2003. 24 25 Diane F. Foltz, RMR HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220 / 717-393-5101 P~e58-P~e59 Exhibit B 4200 Crums Mill Road, Suite B · Harrisburg, PA 17112 (717) 651-3500. Fax (717) 651-9630 Direct Dial: 717-651-3509 Email: jmurphy~mdwcg, com December 15, 2003 Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QUINN 600 Third Avenue Kingston, PA 18704-5815 RE: George and Krista Matterazzo v. Rebecca Brandt CCP (Cumberland County) No. 203-01929 Our File No. 01226-00634.869 Dear Ms. Wright-Kluger: I received your voice mail message wherein you addressed listing this case for the March 15, 2004 trial term and the outstanding subpoena that you issued to AT&T. Please be advised that my client is willing to admit liability for the happening of this accident. I presume that this admission obviates your need for the records from AT&T. If not, please call me at your earliest convenience to discuss that issue. Very truly yours, JOSEPH F. MURPHY JFM/rm \05_A\LIABXJPM\CORR\I 39630\1~M\01226\00634 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant IN THE COURT OF COMMON PLEAS LUZERNE COUNTY, PENNSYLVANIA C1VIL ACTION - LAW NO. 6576-C-2002 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Ellen M. Palmer, an employee of Marshall, Dermehey, Warner, Coleman & Goggin, do herebycertifythat onthis~'do~ dayofQ~ f~(~]-- ,2004, servedacopyofthe foregoing document via First Class United States mail, postage prepaid as follows: Amanda Wright-Kluger, Esquire HOURIGAN, KLUGER & QU1NN 600 Third Avenue Kingston, PA 18704-5815 '~- Ellen M. Palmer GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaimiffs Vo REBECCA L. BRANDT, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 03-1929 CIVIL TERM IN RE: PLAINTIFFS' MOTION TO STRIKE THE OBJECTIONS OF DEFENDANT, REBECCA L. BRANDT, TO PLAINTIFFS' SUBPOENA AND TO COMPEL COMPLIANCE WITH THAT SUBPOENA ORDER OF COURT AND NOW, this l0th day of February, 2004, upon consideration of the attached letter from Joseph F. Murphy, Esq., attorney for Defendant, the discovery conference previously scheduled for March 3, 2004, is cancelled. Amanda Wright-Kluger, Esq. Hourigan, Kluger & Quinn 600 Third Avenue Kingston, PA 18704-5815 Attorney for Plaintiffs Joseph F. Murphy, Esq. 4200 Crams Mill Road Suite B Harrisburg, PA 17112 Attorney for Defendant BY THE COURT, ;rc 421)0 Crums Mill Road, Suite B. Harrisburg, PA 17112 (717) 651-3500 · Fax (717) 651-9630 Direct Dial: 717-651-3509 Email: jmurphy~radwcg.com February 5, 2004 Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Geor~,e and Krista Matterazzo v. Rebecca Brandt CCP (Cumberland County) No. 203-01929 Our File No. 01226-00634.869 Your Honor: A discovery conference/hearing is scheduled to take place before Your Honor on March 3, 2004 at 10:30 a.m. In addition, this case is scheduled to proceed to trial during the trial term beginning March 15, 2004. I am pleased to advise the court that the case has been settled. We are in the process of exchanging the settlement dra/~ for the release and discontinuance. The discontinuance will be filed as soon as it has been received from Plaintiffs' counsel. By copy of this letter, I am advising the Court Administrator and Prothonotary that the matter has been settled and I respectfully ask that the Court Administrator remove this case from the March 15, 2004 trial list. All interested parties have been served with a copy of this letter. If the court requires additional information and/or documentation with regard to the settlement of this matter, please advise me. Otherwise, I thank Your Honor for your attention to this matter. Very truly yours, JFM:emp CC: Amanda Wright Kluger, Esquire Curt Long, Prothonotary Court Administrator Rebecca Brandt Patty Hoffman (claim # 1554161818 B 19) \05_A~LIA[I~JPM\CORRX143 [00XEMP\01226\00634 GEORGE N. MATTERAZZO and KRISTA MATTERAZZO, his wife, Plaintiffs REBECCA L. BRANDT, Defendant : IN THE COURT OF COIvIMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 203-01929 : : JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Kindly mark the above-referenced matter settled, discontinued, ~md ended with prejudice. DATE: _~/~L/ Respectfully submitted, HOURIGAN, KLUGER & QUINN ~r~ ~t:_-_~luger, Esquire 600 Third Avenue Kingston, PA 18704-5815 (570) 287-3000 Attorney for Plaintiffs \05_A\LiABXJPM~S LPG\143098\EMP\01226\00634