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HomeMy WebLinkAbout07-5771w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLIN BRINZER 2900 Sunset Drive Camp Hill, PA 17011, Plaintiff V. ABDOULAYE ADAMOU 1251 Swatara Street Apt. 2 Harrisburg, PA 17104-1794, and KELLY S. WILD 704 Chestnut Street #2 Lebanon, PA 17042, Defendants No. p 7 9t 71 CCIVIL ACTION - LAW PRAECIPE TO ISSUE WRIT OF SUMMONS JURY TRIAL DEMANDED PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons upon each of the above-referenced Defendants in this Matter. Respectfully ANS & WO Date: October 2, 2007 ald T. Tomasko, Esquire Attorney I.D. No. 61190 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Jinglan Brinzer. 479745v1 rv - C ?; C7 -n v, rn Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas JINGLIN BRINZER 2900 SUNSET DRIVE CAMP HILL, PA 17011 Plaintiff Vs. ABDOULAYE ADAMOU 1251 SWATARA STREET APT. 2 HARRISBURG, PA 17104-1794 AND KELLY S. WILD 704 CHESTNUT STREET #2 LEBANON, PA 17042 Defendant No 07-5771 CIVIL TERM In CivilAction-Law To ABDOULAYE ADAMOU AND KELLY S. WILD, You are hereby notified that JINGLIN BRINZE11, the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date OCTOBER 2, 2007 a'-'haj ituftis R. Long, Prothonotary Deputy Attorney: Name: RONALD T. TOMASKO, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET P.O.BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: Plaintiff Telephone: 717-232-5000 Supreme Court ID No. 61190 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, NO. 07-5771 V. PRAECIPE FOR APPEARANCE ABDOULAYE ADAMOU and KELLY S. WILD, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendant, Abdoulaye Adamou Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, Plaintiff, V. ABDOULAYE ADAMOU and KELLY S. WILD, Defendants. CIVIL DIVISION NO. 07-5771 (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Abdoulaye Adamou, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: evin D.'Rauch, Esquire ounsel for Defendant, Abdoulaye Adamou CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 1 LY day of November, 2007. Ronald T. Tomasko, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (Attorney for Plaintiff) Kelly S. Wild 704 Chestnut Street #2 Lebanon, PA 17042 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEJ,,, L.L.P. By: K . Rauch, Esquire C unsel for Defendant, Abdoulaye Adamou o m r. O fii C/a .: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05771 P d'0MMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRINZER JINGLIN VS ADAMOU ABDOULAYE ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ADAMOU ABDOULAYE but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On November 19th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: o rs Docketing 18.00 Out of County 9.00 mas Kline Surcharge 10.00 fl Dep Dauphin County 29.25 ? f of Cumberl and County Postage 2.08 6 8. 3 3 L 7 11/19/2007 METTE EVANS WOODSIDE Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05771 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRINZER JINGLIN VS ADAMOU ABDOULAYE ET AL R. Thomas Kline , duly sworn according to law, say; and inquiry for the within named WILD KELLY S _ but was unable to locate Her deputized the sheriff of LEBANON serve the within WRIT OF SUMMONS Sheriff or Deputy Sheriff who being 3, that he made a diligent search and DEFENDANT , to wit: in his bailiwick. He therefore County, Pennsylvania, to On November 19th , 2007 this office was in receipt of the attached return from LEBANON Sheriff's Costs: So rs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. mas Kline Dep Lebanon Cc 61.35 S ff of Cumberland County .00 86.35 ? l2/10/0 11/19/2007 METTE EVANS WOODSIDE Sworn and subscribe to before me this day of , A. D. Jn The Court of Common Pleas of Cumberland County, Pennsylvania Jinglin Brinzer VS. Abdoulaye Adamou et al SERVE: same No. 07-5771 civil Now, October 4, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon _ 20 , at o'clock M. served the at by handing to a copy of the original and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania BRINZER JINGLIN vs County of Dauphin ADAMOU ABDOULAYE Sheriff's Return Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 1444-T - - -2007 OTHER COUNTY NO. 07-5771 CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for ADAMOU ABDOULAYE the DEFENDANT named in the within SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 17, 2007 PER ARMEKA MELAUGHLIN, RES, DEF MOVED OVER A YEAR AGO. Sworn and subscribed to before me this 18TH day of OCTOBER, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 (?f£i?e ?f tC?E o??eriff So Answers, Sheriff of Dauphin County, Pa. BY Deputy Sheriff Sheriff's Costs:$29.25 PAID BY COUNTY BRESSLE An The Court of Common Pleas of Cumberland County, Pennsylvania Jinglin Brinzer vs. Abdoulaye Adamou et al SERVE: Kelly S. Wild No. 07-5771 civil Now, October 4, 2007 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to 20 , at o'clock M. served the copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA WRIT OF SUMMONS No. 075771 Jinglin Brinzer VS. Kelly S. Wild STATE OF PENNSYLVANIA COUNTY OF LEBANON } } SS: Mette, Evans & Woodside Ronald T. Tomasko, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (Return to Cumberland County) Docket Page 26161 Basil Achey, Deputy Sheriff, being duly swom according to law, deposes and says that after due and diligent search by him having been made in his bailiwick, and after having exhausted all known facets to locate DEFENDANT, as stipulated under Rule of Civil Procedure, Rule 430, "good faith effort," he was unable to find KELLY S. WILD, the within named DEFENDANT, and he therefore returns "NOT FOUND," as to the said KELLY S. WILD. Swom to and subscribed before me this 13TH day of November, 2007 Notary Public NOTARIAL SEAL CINDY L. ZIMMERMAN, Notary Public Lebanon City, Lebanon County MY Commission Expires Feb. 25, 2009 SO ANSWERS, aa-,e? C Is DEPUTY SHERIFF Is SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 10/23/07 Check No. 60678 Amount $ 100.00 Costs Incurred: Amount $ 61.35 Refund Due: Check No. Amount $ 38.65 All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 (D U V) E O C (n (n 0_ p N N? Z O O 0 uSO ? p , arcaU 3 0 CO mOC7 COL. ? ., O a) 4) ?0H._0_tF0 -Z0F0 Za? N V y =k NN i E O N OO E 1- L. 3: U) cc 0 m O •? p p ?-Q C arL CZ Y?Cc 1 Q a i 80 0' D r r• O ',k O O .d O O .c O O V. Cc •-- W -D C tC N? lQ O - C E N O O V Q 6F- 4m a? V C,CO co 0 0 vEz '?VU Q NO, DATE 1010V I S _l RECEIVED FROM ?,tc?bt?OC, Drl. ry?- AMD*8Q 77I 014 nZT DOLLARS GWk* - 1'''V iiy1r?tA _ JC . [°? MAO?, C6.1 Account Total $ Amount Paid $ ) UQ.?? Balance Due $ _ IN . 1900ect' ?ilt? / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLIN BRINZER 2900 Sunset Drive Camp Hill, PA 17011, Plaintiff V. ABDOULAYE ADAMOU 1251 Swatara Street Apt. 2 Harrisburg, PA 17104-1794, and KELLY S. WILD 704 Chestnut Street #2 Lebanon, PA 17042, Defendants No. 07-5771 Civil Term CIVIL ACTION - LAW PRAECIPE TO REISSUE WRIT OF SUMMONS JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly reissue the attached Writ of Summons upon each of the above-referenced Defendants in this Matter, and forward the same with the enclosed letter and payment to the Cumberland County Sheriff's Department. Thank you. By: Date: April 17, 2008 Attorney I.D. No. 61190 Sean M. Concannon, Esquire Attorney I.D. No. 205998 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Jinglan Brinzer. 492165v1 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas JINGLIN BRINZER 2900 SUNSET DRIVE CAMP HILL, PA 17011 Plaintiff Vs. ABDOULAYE ADAMOU 1251 SWATARA STREET APT. 2 HARRISBURG, PA 17104-1794 No 07-5771 CIVIL TERM AND KELLY S. WILD 704 CHESTNUT STREET #2 LEBANON, PA 17042 Defendant In CivilAction-Law To ABDOULAYE ADAMOU AND KELLY S. WILD, You are hereby notified that JINGLIN BRINZER, the Plaintif.(s) has l have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date OCTOBER 2, 2007 I/ P-Z , - e-? - ituftis R. Long, Prothonotary Deputy Attorney: Name: RONALD T. TOMASKO, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET P.O.BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: Plaintiff Telephone: 717-232-5000 Supreme Court ID No. 61190 v CASE NO: 2007-05771 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRINZER JINGLIN VS ADAMOU ABDOULAYE ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ADAMOU ABDOULAYE the DEFENDANT , at 0016:35 HOURS, on the 29th day of April 2008 at 1251 SWATARA STREET APT 2 HARRISBURG, PA 17104-1794 by handing to JOHN LUCY ESQUIRE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Additional Comments SERVICE WAS ACCEPTED AT LAW FIRM ? 1017 MUMMA ROAD, STE 300 LEMOYNE, PA 17043 Sheriff's Costs: Docketing 18.00 Service 15.00 Affidavit .00 Surcharge 10.00 Postage .00 s/ 6,JDl' ?.., ? 43.00 Sworn and Subscibed to before me this of So Answers: - -1, 0 0 W,?? ? " ?- , R. Thomas Kline 04/29/2008 METTE EVANS WOODSIDE By. day Deputy She f A.D. r `0 Acceptance of Service I accept the service of the writ of summons (on behalf of Abdoulaye Adamou certify that I am authorized to do so.) Date John ed Agent cy, esquire 1017 Mumma Road suite 300 Lemoyne, PA 17043 HO "P- QW ;J 40 and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, NO. 07-5771 V. PRAECIPE FOR RULE ABDOULAYE ADAMOU and TO FILE COMPLAINT KELLY S. WILD, Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendant, Abdoulaye Adamou Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, Plaintiff, V. ABDOULAYE ADAMOU and KELLY S. WILD, Defendants. CIVIL DIVISION NO. 07-5771 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Jinglan Brinzer, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: -b V'- ? ?J? Kevin D. Rauch, Esquire Counsel for Defendant, Abdoulaye Adamou CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this g day of , 2008. Ronald T. Tomasko, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (Attorney for Plaintiff) Kelly S. Wild 704 Chestnut Street #2 Lebanon, PA 17042 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. L k?4- By. Kevin D. Rauch, Esquire Counsel for Defendant, Abdoulaye Adamou IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, V. NO. 07-5771 ABDOULAYE ADAMOU and (Jury Trial Demanded) KELLY S. WILD, Defendants. RULE AND NOW, this 'r 'N! day of QUQU3+ 2008, upon consideration of Defendant, Abdoulaye Adamou's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this day of A us+ , 2008. s P-(?? Prothonota O x6 Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Ronald T. Tomasko, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Kelly S. Wild 704 Chestnut Street #2 Lebanon, PA 17042 r-,> ?7 tS CA7 y? rt ts ? ,r ?'. t .. JINGLAN BRINZER, Plaintiff V. ABDOULAYE ADAMOU 1251 Swatara Street Apt. 2 , Harrisburg, PA 17104-1794, and JOHN DOE, an unidentified individual representing himself to be "KELLY S. WILD," 704 Chestnut Street #2 , Lebanon, PA 17042„ Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- 5771 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania Telephone number: 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mcis adelante en las siguientes p6ginas, debe tomar accibn dentro de los prbximos veinte (20) dias despu6s de la notificacidn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mfis aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania Telephone number: 717-249-3166 JINGLIN BRINZER 2900 Sunset Drive Camp Hill, PA 17011, Plaintiff V. ABDOULAYE ADAMOU 1251 Swatara Street Apt. 2 Harrisburg, PA 17104-1794, and JOHN DOE, an unidentified individual representing himself to be "KELLY S. WILD," 704 Chestnut Street #2 Lebanon, PA 17042, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07- 5771 Civil Term JURY TRIAL DEMANDED COMPLAINT Plaintiff, Jinglan Brinzer., by and through her counsel, METTE, EVANS & WOODSIDE, brings this action against the Defendants, Abdoulaye Adamou and an individual who identified himself as "Kelly S. Wild," in support of which she avers as follows: Parties 1. Plaintiff, Jinglan Brinzer (hereinafter "Plaintiff'), is an adult individual residing at 2900 Sunset Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Upon information and belief, Defendant, Abdoulaye Adamou (hereinafter "Adamou"), is an adult individual residing at 1251 Swatara Street, Apt. 2, Harrisburg, Dauphin County, Pennsylvania, 17104-1794. 3. Upon information and belief, Defendant John Doe is an unidentified male adult individual who (mis)identified himself as "Kelly S. Wild," with a residence at 704 Chestnut Street, #2, Lebanon, Lebanon County, Pennsylvania, 17042. 4. On November 13, 2007, a Deputy Sheriff for Lebanon County returned "Not Found" after a series of attempts to serve John Doe (as "Kelly S. Wild") with a Writ of Summons issued by the Prothonotary of Cumberland County on behalf of Plaintiff. Venue and Jurisdiction 5. Venue is proper in this judicial district pursuant to Pa. R.C.P. 1006. 6. The monetary damages claimed by Plaintiff in the instant action exceed the jurisdictional limit for compulsory arbitration pursuant to the Local Rules of this Court. Factual Background 7. On October 5, 2005, Plaintiff was the co-owner and operator of a 1998 Mazda 626 sedan bearing Pennsylvania license plate PS 19681 . 8. On October 5, 2005, Defendant Adamou was the operator of a 1997 Toyota Tercel sedan bearing an unknown license plate. 9. On October 5, 2005, Defendant John Doe was the operator of an unknown vehicle bearing an unknown license plate. 10. On October 5, 2005, at approximately 7:10 a.m.., Plaintiff was operating a motor vehicle in an eastbound direction of State Route 581, in the Borough of Camp Hill, Cumberland County, Pennsylvania, and slowed her vehicle in the eastbound lane near the 5.9 mile marker to keep a safe distance from the vehicles that had slowed in front of her. 11. On the above date and time, Defendants Adamou and John Doe were operating their respective motor vehicles in the eastbound direction of State Route 581, near the 5.9 mile marker, in the Borough of Camp Hill, Cumberland County, Pennsylvania. 12. As Plaintiff was driving in the aforementioned location, her motor vehicle was suddenly and unexpectedly struck from behind by the motor vehicles being operated by Defendants, causing the injuries, damages and losses set forth below. Jinalan Brinzer v. Abdoulave Adamou Count I- Nez iLyence 13. Paragraph Nos. 1 through 12 are incorporated herein by reference as if fully set forth below. 14. The aforementioned collision occurred solely as the result of the negligence, recklessness and carelessness of Defendant, Adomou, and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff, Jinglan Brinzer, or any other person or entity. 15. Alternatively, the aforementioned collision occurred as the result of the combined negligence, recklessness and carelessness of Defendants, Adamou and John Doe, and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff, Jinglan Brinzer, or any other person or entity. 16. The aforementioned negligence, recklessness and carelessness of Defendant, Adamou, consisted of the following: (a) Operating a motor vehicle in careless disregard for the safety of persons and property of others in violation of 75 Pa. C.S.A. § 3714; (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. § 3736(a); (c) Operating a motor vehicle at an unsafe speed so as to stop said vehicle within the assured clear distance ahead in violation of 75 Pa. C.S.A. § 3361; (d) Failing to operate a motor vehicle in such a manner as to avoid causing a collision; and (e) Failing to keep his motor vehicle under reasonable control; (f) Failing to observe the presence and direction of Plaintiff's vehicle when the Defendant knew, or should have known, of the presence of Plaintiff's vehicle; (g) Failing to apply his brakes in sufficient time to avoid striking Plaintiff's vehicle; (h) Failing to use due care under the circumstances; (i) Failing to take evasive action to avoid impacting with Plaintiff's vehicle; 0) Operating his motor vehicle in disregard of the rules of the road, the ordinances of the Borough of Camp Hill, and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code, 75 Pa. C.S.A §§ 3361 and 3362. 17. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant Adamou, Plaintiff, Jinglan Brinzer, suffered the following injuries, some or all of which may be permanent: a) chronic pain (head, cervical, thoracic, low back, shoulder, hip, arm, elbow, hand, leg, etc.); b) TBUconcussion, Post-Concussive Syndrome, irreversible brain damage including but not limited to sagitial venous thrombosis, brain edema, etc.; C) cervical spine damage (whiplash: spinous process fractures, disc protusions, C-spine reversal, DJD, neural foraminal narrosing, atlas-dens arthrosis, etc.); d) shoulder injuries and disability; e) injury to right upper extremity; f) injury to right lower extremity; g) injury to right hip; h) injury to low back; i) injury to thoracic spine; j) psychological trauma (depression, anxiety, PTSD, paranoia, delirium, ego, confidence, self-esteem, self-concept, independence); k) immune system problems (skin allergic reaction); 1) Diabetes (steroid-induced); m) physical disfigurement (C-spine reversal Cushingoid Features, hump back, moon facies, extensive hair loss, ballooned ankle, ataxia, leg muscle loss, etc.); n) myopathy; o) strength, endurance and stamina loss; p) social relationships damage (disfigurement, loss of self-confidence, self- concept, TBI related); q) injury to skeletal integrity/stature (due to trauma and steroids); r) Cognitive ability/academic ability impairment (learning ability); S) Endocrine system (diabetes, Cataracts, osteoporosis/bone brittleness, pituitary/thyroid, early menopause (reproductive capacity), etc.; t) Injuries to central and peripheral nervous system; U) Broken hand (fracture) and numerous bruises from loss of balance; V) Sleep disturbance, chronic fatigue; w) Hemiplaegia; x) Internal organ damage (on-going testing); y) Severe shock to her nerves and nervous system; and z) Miscellaneous aches and pains. 18. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant Adamou, Plaintiff Jinglan Brinzer, has required medical treatment and has incurred expenses in connection therewith for medicines, medical care, hospitalization and other medical services for which a claim is hereby made. 19. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant Adamou, Plaintiff, Jinglan Brinzer, has suffered in the past and may in the future continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment, loss of life's pleasures, severe limitation in her pursuit of daily activities, disfigurement and deformities for which a claim is hereby made. 20. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant Adamou, Plaintiff, Jinglan Brinzer, has in the past been and may in the future be disabled from performing her usual duties, occupations, and avocations with a consequent loss of earnings, earning power and earning potential for which a claim is hereby made. WHEREFORE, Plaintiff, Jinglan Brinzer, demands damages of Defendant, Adamou, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Jinalan Brinzer v. John Doe (aka "Kelly S Wild") Count I- NeEliaence 21. Paragraph Nos. 1 through 20 are incorporated herein by reference as if fully set forth below. 22. The aforementioned collision occurred solely as the result of the negligence, recklessness and carelessness of Defendant John Doe, and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff, Jinglan Brinzer, or any other person or entity. 23. Alternatively, the aforementioned collision occurred as the result of the combined negligence, recklessness and carelessness of Defendants, Adamou and John Doe, and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff, Jinglan Brinzer, or any other person or entity. 24. The aforementioned negligence, recklessness and carelessness of Defendant John Doe, consisted of the following: (a) Operating a motor vehicle in careless disregard for the safety of persons and property of others in violation of 75 Pa. C.S.A. § 3714; (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. § 3736(a); (c) Operating a motor vehicle at an unsafe speed so as to stop said vehicle within the assured clear distance ahead in violation of 75 Pa. C.S.A. § 3361; (d) Failing to operate a motor vehicle in such a manner as to avoid causing a collision; and (e) Failing to keep his motor vehicle under reasonable control; (f) Failing to observe the presence and direction of Plaintiff's vehicle when the Defendant knew, or should have known, of the presence of Plaintiff's vehicle; (g) Failing to apply his brakes in sufficient time to avoid striking Plaintiff's vehicle; (h) Failing to use due care under the circumstances; (i) Failing to take evasive action to avoid impacting with Plaintiff's vehicle; 0) Operating his motor vehicle in disregard of the rules of the road, the ordinances of the Borough of Camp Hill, and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code, 75 Pa. C.S.A §§ 3361 and 3362. 25. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant John Doe, Plaintiff Jinglan Brinzer, suffered the following injuries, some or all of which may be permanent: a) chronic pain (head, cervical, thoracic, low back, shoulder, hip, arm, elbow, hand, leg, etc.); b) TBUconcussion, Post-Concussive Syndrome, irreversible brain damage including but not limited to sagitial venous thrombosis, brain edema, etc.; c) cervical spine damage (whiplash: spinous process fractures, disc protusions, C- spine reversal, DJD, neural foraminal narrosing, atlas-dens arthrosis, etc.); d) shoulder injuries and disability; e) injury to right upper extremity; f) injury to right lower extremity; g) injury to right hip; h) injury to low back; i) injury to thoracic spine; j) psychological trauma (depression, anxiety, PTSD, paranoia, delirium, ego, confidence, self-esteem, self-concept, independence); k) immune system problems (skin allergic reaction); 1) Diabetes (steroid-induced); m) physical disfigurement (C-spine reversal Cushingoid Features, hump back, moon facies, extensive hair loss, ballooned ankle, ataxia, leg muscle loss, etc.); n) myopathy; o) strength, endurance and stamina loss; p) social relationships damage (disfigurement, loss of self-confidence, self-concept, TBI related); q) injury to skeletal integrity/stature (due to trauma and steroids); r) Cognitive ability/academic ability impairment (learning ability); s) Endocrine system (diabetes, Cataracts, osteoporosis/bone brittleness, pituitary/thyroid, early menopause (reproductive capacity), etc.; t) Injuries to central and peripheral nervous system; u) Broken hand (fracture) and numerous bruises from loss of balance; v) Sleep disturbance, chronic fatigue; w) Hemiplaegia; x) Internal organ damage (on-going testing); y) Severe shock to her nerves and nervous system; and z) Miscellaneous aches and pains. 26. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant John Doe, Plaintiff Jinglan Brinzer, has required medical treatment and has incurred expenses in connection therewith for medicines, medical care, hospitalization and other medical services for which a claim is hereby made. 27. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant John Doe, Plaintiff, Jinglan Brinzer, has suffered in the past and may in the future continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment, loss of life's pleasures, severe limitation in her pursuit of daily activities, disfigurement and deformities for which a claim is hereby made. 28. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant John Doe, Plaintiff, Jinglan Brinzer, has in the past been and may in the future be disabled from performing her usual duties, occupations, and avocations with a consequent loss of earnings, earning power and earning potential for which a claim is hereby made. WHEREFORE, Plaintiff, Jinglan Brinzer, demands damages of Defendant, John Doe (aka "Kelly S. Wild"), in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Respectfully submitted, METTE, EVANS & WOODSIDE By: ?,' k G?-'-? R Id T. Tomasko, Esquire Attorney I.D. No. 61190 Sean M. Concannon, Esquire Attorney I.D. No. 205998 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax rttomasko@mette.com smconcannon@mette.com DATED: August 25, 2008 Attorneys for Plaintiff VERIFICATION I hereby affirm that the following facts are correct: I, Jinglan Brinzer, am the Plaintiff in the foregoing action. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: 0 8 / ?iS' l yo a ?i Jinglan Brinzer CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Complaint has been mailed by U.S. Mail to counsel of record via first-class mail, postage prepaid, this 25th day of August, 2008. Kevin Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (Attorney for Defendant Abdoulaye Adamou) Kelly S. Wild 704 Chestnut Street #2 Lebanon, PA 17042 Respectfully submitted, METTE, EVANS & WOODSIDE By: S?L J?. R?Ald T. Tomasko, Esquire Attorney I.D. No. 61190 Sean M.Concannon, Esquire Attorney I.D. No. 205998 3401 North Front Street P.O. Box 5950 Harrisburg, Pennsylvania 17110-0950 (717) 232-5000 (717) 236-1816 (fax) rttomasko@mette.com smconcannon@mette.com DATED: August 25, 2008 Attorneys for Plaintiff 500516v1 ? r.., ?? :? ?_? ?.; Y; x_ r, - _ `?? , '°a Gr 'z c:> ;? , -,-, _.,,; .?` ? . ;`r+ :; ?.? ? ?i ==? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, Plaintiff, V. ABDOULAYE ADAMOU and JOHN DOE, an unidentified individual representing himself to be "KELLY S. WILD", Defendants. CIVIL DIVISION NO. 07-5771 ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 (Jury Trial Demanded) Filed on Behalf of the Defendant, Abdoulaye Adamou TO: Plaintiff and Co-Defendant You are hereby notified to file a written response to the enclosed Answer, New Matter, and New Matter Pursuant to Rule 1031.1 within twenty (20) days from service hereof or a judgment may be entered against you. LL ? (L", b,? Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, V. NO. 07-5771 ABDOULAYE ADAMOU and (Jury Trial Demanded) JOHN DOE, an unidentified individual representing himself to be "KELLY S. WILD", Defendants. ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 AND NOW, comes the Defendant, Abdoulaye Adamou, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer, New Matter, and New Matter Pursuant to Rule 1031.1 and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Denied. To the contrary, the Plaintiff currently resides at 2535 Brandywine Court, Apartment 1919, Indianapolis, Indiana 46241. 3. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 4. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. Venue and Jurisdiction 5. Paragraph 5 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Paragraph 6 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. Factual Background 7. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 8. Admitted. 9. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 10. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 11. Admitted in part, denied in part. It is admitted that Defendant Adamou was operating his motor vehicle in the eastbound direction of State Route 581, near the 5.9 mile marker in the Borough of Camp Hill, Cumberland County, Pennsylvania. The remainder of the allegations in paragraph 11 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Admitted in part, denied in part. It is admitted that a collision between the Plaintiffs vehicle and Defendant Adamou's vehicle occurred. The remainder of the allegations in paragraph 12 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. JINGLAN BRINZER v. ABDOULAYE ADAMOU COUNT I - NEGLIGENCE 13. In response to paragraph 13, the Defendant reiterates and repeats all his responses in paragraphs 1 through 12 as if fully set forth at length herein. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 and all of its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 and all of its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 19. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 20. Paragraph 20 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Abdoulaye Adamou, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. JINGLAN BRINZER v. JOHN DOE (a/k/a KELLY S. WILD) COUNT I - NEGLIGENCE 21. In response to paragraph 21, the Defendant reiterates and repeats all his responses in paragraphs 1 through 20 as if fully set forth at length herein. 22 - 28. Paragraphs 22 through 28 and all of their subparts are directed to a Defendant other than this Defendant and, therefore, no response is required. WHEREFORE, Defendant, Abdoulaye Adamou, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 29. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 30. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 31. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 32. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Abdoulaye Adamou, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER PURSUANT TO RULE 1031.1 33. Answering Defendant incorporates by reference the preceding paragraphs of his Answer and New Matter as if the same were fully set forth at length herein. 34. Solely for the purposes of the within cross-claim and without admitting the truth of the same, this Defendant adopts and incorporates those allegations of the Plaintiffs Complaint directed to the Co-Defendant, Kelly S. Wild. 35. In the event it is determined that the Plaintiff is entitled to a recovery, the same being denied, it is thereby averred that the Co-Defendant, Kelly S. Wild, is solely liable to the Plaintiff. 36. In the event it is judicially determined that the Plaintiff is entitled to a recovery from this Defendant, which is denied, then it is averred that the Co-Defendant, Kelly S. Wild, is liable over to this Defendant for contribution and/or indemnification. WHEREFORE, Defendant, Abdoulaye Adamou, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. L By: Kevin D. Rauch, Esquire Counsel for Defendant, Abdoulaye Adamou VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 is that of counsel and not of the Defendant. Defendant has read the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 and to the extent that the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ----- 1 Date: b oulaye damou #15916 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 12th day of December, 2008. Ronald T. Tomasko, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (Attorney for Plaintiff) Kelly S. Wild 704 Chestnut Street #2 Lebanon, PA 17042 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ?) 1 d? Kevin D. Rauch, Esquire Counsel for Defendant, Abdoulaye Adamou i't 1 (..J t , t,14 r r(I d JINGLIN BRINZER 2900 Sunset Drive Camp Hill, PA 17011, Plaintiff V. ABDOULAYE ADAMOU 1251 Swatara Street Apt. 2 Harrisburg, PA 17104-1794, and JOHN DOE, an unidentified individual representing himself to be "KELLY S. WILD," 704 Chestnut Street #2 Lebanon, PA 17042, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07- 5771 Civil Term JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER AND ANSWER TO NEW MATTER PURSUANT TO RULE 1031.1 AND NOW comes the Plaintiff, Jinglan Brinzer., by and through her counsel, METTE, EVANS & WOODSIDE, and files the following Answer to New Matter and New Matter Pursuant to Rule 1031.1 and in support thereof avers as follows: 29. Denied. The averments of paragraph 29 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent a response is deemed required, said averments are generally denied pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof is demanded at the time of trial. 30. Denied. The averments of paragraph 30 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent a response is deemed required, said averments are generally denied pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof is demanded at the time of trial. 31. Denied. The averments of paragraph 31 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent a response is deemed required, said averments are generally denied pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof is demanded at the time of trial. By way of further answer, Plaintiff selected the "1411 tort" option for her applicable automobile insurance policy that provided coverage for the motor vehicle accident in controversy. 32. Denied. The averments of paragraph 32 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent a response is deemed required, said averments are generally denied pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof is demanded at the time of trial. WHEREFORE, Plaintiff, Jinglan Brinzer, demands damages of Defendant, Abdoulaye Adamou, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. ANSWER TO NEW MATTER PURSUANT TO RULE 1031.1 33. The averments set forth in paragraphs 1 through 28 of the Plaintiff's Complaint, and the preceding paragraphs of Plaintiff s Answer to New Matter are incorporated herein by reference as if fully set forth. 34-36. Paragraphs 34 though 36 are directed to a party other than the Plaintiff and, therefore, no response is required. WHEREFORE, Plaintiff, Jinglan Brinzer, demands damages of Defendants, Abdoulaye Adamou and the unidentified individual who represented himself to be "Kelly S. Wild," in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Respectfully submitted, METTE, EVANS & WOODSIDE By: ?? ?' G'- .. -. ld T. Tomasko, Esquire Attorney I.D. No. 61190 Sean M. Concannon, Esquire Attorney I.D. No. 205998 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax rttomasko@mette.com smconcannon@mette.com DATED: December 31, 2008 Attorneys for Plaintiff CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing PLAINTIFF'S ANSWER TO NEW MATTER AND ANSWER TO NEW MATTER PURSUANT TO RULE 1031.1has been mailed by U.S. Mail to counsel of record via first-class mail, postage prepaid, this 31st day of December, 2008. Kevin Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (Attorney for Defendant Abdoulaye Adamou) Kelly S. Wild 704 Chestnut Street #2 Lebanon, PA 17042 Respectfully submitted, METTE, EVANS & WOODSIDE ,M By: Ronald T. Tomasko, Esquire Attorney I.D. No. 61190 Sean M.Concannon, Esquire Attorney I.D. No. 205998 3401 North Front Street P.O. Box 5950 Harrisburg, Pennsylvania 17110-0950 (717) 232-5000 (717) 236-1816 (fax) rttomasko@mette.com smconcannon@mette.com DATED: December 31, 2008 Attorneys for Plaintiff 509084v1 JINGLIN BRINZER 2900 Sunset Drive Camp Hill, PA 17011, Plaintiff V. ABDOULAYE ADAMOU 1251 Swatara Street Apt. 2 Harrisburg, PA 17104-1794, and JOHN DOE, an unidentified individual representing himself to be "KELLY S. WILD," 704 Chestnut Street #2 Lebanon, PA 17042, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07- 5771 Civil Term JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Ronald T. Tomasko, Esquire, of the law firm of Mette, Evans and Woodside, P.O. 5950, 2nd Floor, 3401 N. Front St., Harrisburg, PA 17110, as counsel for the Plaintiff, Jinglan Brinzer. Very truly yours, M. Concannon, Esquire James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 (fax) SC@JSDC.COM r ` - E,? ?j? ?; ?, 3° .. ...? ;,? JINGLIN BRINZER 2900 Sunset Drive Camp Hill, PA 17011, Plaintiff V. ABDOULAYE ADAMOU 1251 Swatara Street Apt. 2 Harrisburg, PA 17104-1794, and JOHN DOE, an unidentified individual representing himself to be "KELLY S. WILD," 704 Chestnut Street #2 Lebanon, PA 17042, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07- 5771 Civil Term JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Ronald T. Tomasko, Esquire, of the law firm of James, Smith, Dietterick & Connelly, LLP, P.O. Box 650, Hershey, PA 17033, as counsel for the Plaintiff, Jinglan Brinzer. Very truly yours, &--- A. Sean M. Concannon, Esquire James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 (fax) SC@JSDC.COM t 7 C= m 4 CA , rn j; C Z rn 2013 JUL 31 A M 13 4 7 i'Ewd sYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, NO. 07-5771 V. MOTION TO COMPEL ANSWERS TO ABDOULAYE ADAMOU and SUPPLEMENTAL INTERROGATORIES — KELLY S. WILD, SET NO. 2 Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendant, Abdoulaye Adamou Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 1705 (717) 901-5916 #15916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, V. NO. 07-5771 ABDOULAYE ADAMOU and (Jury Trial Demanded) KELLY S. WILD, Defendants. MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES:- SET NO. 2 AND NOW, comes the Defendant, Abdoulaye Adamou, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Answers to Supplemental Interrogatories— Set No. 2, and in support thereof, avers as follows: 1. On April 1, 2013, the Defendant served the Plaintiff with Supplemental Interrogatories — Set No. 2 relative to the above-referenced matter. (A true and correct copy of correspondence directed to Plaintiffs counsel dated April 1, 2013 is attached hereto as Exhibit "A"). 2. According to the Pennsylvania Rules of Civil Procedure 4009, the Plaintiff's Responses to Defendant's Supplemental Interrogatories — Set No. 2 should have been received by May 1, 2013. 3. On May 8, 2013 Defendant's counsel notified Plaintiffs counsel that, should Plaintiffs Answers to Supplemental Interrogatories — Set No. 2 not be received by Tuesday, May 14, 2013, a Motion to Compel with the Court would be filed. (A true and correct copy of correspondence directed to the Plaintiff's counsel dated May 8, 2013 is attached hereto as Exhibit "B")l. 4. To date, Defendant has not received any response from Plaintiff or Plaintiffs counsel regarding Defendant's Supplemental Interrogatories — Set No. 2 or the correspondence enumerated above. 5. It is necessary for the proper defense of this lawsuit that the Plaintiff file full and complete responses to Defendant's discovery requests. 6. Accordingly, pursuant to Pennsylvania Rules of Civil Procedure (4019) Defendant respectfully requests the Court enter an Order directing Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Supplemental Interrogatories —Set. No. 2 within twenty (20) days or suffer additional sanctions. 7. Counsel for Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs discovery responses have not been received by Defendant's counsel. WHEREFORE, Defendant, Abdoulaye Adamou, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Answers to Defendant's Supplemental Interrogatories — Set No. 2. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By "a v Kevin b. Rauch, Esquire Counsel for Defendant, Abdoulaye Adamou DEFENDANT'S 0 SUMMERS , MCDONNELL, HUDOCK , GUTHRIE & . SKEE- L , PC . ATTORNEYS AT LAW STEPHEN Jt SUMMERS S NE A.NI THOMAS A. MCDONNELL HARRISBURG OFFICE: ERIN JASON A.HI E JOSEPH A. HUDOCK,JR. 100 STERLING PARKWAY GUY E..BBcASS* GREGG A. GUTHRIE SUITE 306 MARK J. GOLEN PATER B. SKrEL CON PATRICK MECHANICSBURG, PA 17050 -SETH.T.BLACK** M. CONNELL PHONE:717-901-5916 GARTH,A.GARTIN JEFFREY C. CATANZARI TE FAX:717.920-9129 DANIEL J.SAMMEL KEVIN D.RAUCH - KRISTA M.CORABI*** *ALSO ADMITTED IN W V - J/+ACKLYN J.STOUGHTON **ALSO ADMITTED IN NJ CARRIE J.TAYLOR** ***ALSO ADMITTED IN OH REBECCA L.MARROCCO April 1, 2013 KYLE W.KROMBACH SAMUEL L-MACK Ronald Tomasko, Esquire James, Smith, Dietterick & Connelly, L.L.P. P.O. Box 650 Hershey, PA 17033 RE: Bringer V. Adamou et al. Our File No. 15916 Dear Mr. Tomasko: Please be advised that I am assisting Kevin Rauch in the above-referenced matter. Enclosed please find the Defendant, Abdoulaye Adarnou's ' Supplemental Interrogatories —Set No. 2 directed to your client, Jinglan Brinzer. Kindly have your..client complete the Answers and .return the same to me within the timeframe established Eby the applicable Pennsylvania Rules of Civil Procedure. I would like to specifically direct your attention to Interrogatories 17, 18 and 19..In'- our previous request, your client failed to provide identifying information concerning' individuals involved with the organizations. Please ensure your client provides this information with her Answers to Supplemental Interrogatories — Set No. 2. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very. Truly Yours, � U Rebecca L. Marrocco RLM:ard Enclosure PITTSBURGH OFFICE: GULF TOWER,,SUITE 240D,707 GRANT STREET,PITTSBURGH,PA tS219 PHONE 412.261-3232 FAX 412261.3239 DEFENDANT'S E IBIT s SUMMERS , MCD0NNELL]' , HUDOC FC', GUTHRIE & SKEEL , P. C . ATTORNEYS AT LAW STEPHEN J. SUMMERS - - JASON A. HINES - THOMAS A. MCDONNELL HARRISBURG- OFFICE: ERIN M.BRAUN JOSEPH A. 'B HUDOCK.JR. 100.STERLING PARKWAY Guy E. LASS1b GREGG A.'GUTHRIE SUITE 306 - - MARK J. GOLEN PETER B. SKEEL MECHANICSBURG, PA 17050 SETH T.BLACK" PATRICK M. CONNELL PHONE: 7.17-901-5916 GARTH A.GARTIN' JEFFREY C. CATANZARI TE FAX: 717-920.9129 DANIEL J.'SAMMEL' KEVIN D. RAUCH KRISTA M.CORASI*"1 JACKLYN J: STOUGHTON "ALSO ADMITTED IN WV CARRIE J.TAYLOR** **ALSO ADMITTED IN NJ '**ALSO ADMITTED IN OH REBECCA L.MARROCCO KYLE W. KROMBACH SAMUEL L. MACK May 8, 2013 Ronald Tomasko, Esquire James, Smith, Diette.rick & Connelly, L.L.P. P.O. Box 650 Hershey, PA 17033 RE: Brinzer v. Adamou, et al. Our File No. 15916 Dear Mr. Tomasko: Please allow this letter to serve as a follow-up to my April 1, 2013 correspondence. At this time, we are awaiting receipt of your client's Answers to the Defendant's Supplemental Interrogatories —' Set No. 2 in the-above-referenced matter. The Interrogatories were forwarded to Your attention on: .April 1; 2013. Under the applicable Pennsylvania Rules of Civil Procedure-your client's Answers were due :by May 1, 2013. To date, I have not received your client's Answers. As such, at your-. earliest convenience, please advise as to when I can expect your client's Answers. Should I not hear from you by Tuesday, May 14, 2013, 1 will proceed with filing a Motion to Compel with the Court. I look forward to hearing from you shortly. Thank you. Very Truly Yours, Re ecca L. arro co RLM:ard PITTSBURGH OFFICE: GULF TOWER,SUITE 2400.7o7 GRANT STREET,PITTSBURGH,PA 13219 PHONE 412.261-3232 FAX 412-261-3239 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, V. NO. 07-5771 ABDOULAYE ADAMOU and (Jury Trial Demanded) KELLY S. WILD, Defendants. ORDER AND NOW, TO WIT, this day of , 2013, it.is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Jinglan Brinzer, provide Defendant, Abdoulaye Adamou, with full and complete Answers to Defendant's Supplemental Interrogatories — Set No. 2 within twenty (20) days of the date of this Order. By the Court: i J. Distribution to: Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 Ronald T. Tomasko, Esquire; James, Smith, Dietterick & Connelly, L.L.P.; P.O. Box 650, Hershey, PA 17033 0 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL ANSWERS TO DEFENDANT'S SUPPLEMENTAL INTERROGATORIES — SET NO. 2 has. been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 30th day of July, 2013. Ronald T. Tomasko, Esquire James, Smith, Dietterick & Connelly, L.L.P. P.O. Box 650 Hershey, PA 17033 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin such, Esquire Counsel for Defendant, Abdoulaye Adamou IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, V. NO. 07-5771 i ABDOULAYE ADAMOU and (Jury Trial Demanded) � e5 --0;; KELLY S. WILD; "' ' c) Defendants. A co ORDER -, AND NOW, TO WIT, this A day of A l 6ai , 2013, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Jinglan Brinzer, provide Defendant, Abdoulaye Adamou, with full and complete Answers to Defendant's Supplemental Interrogatories — Set No. 2 within twenty (20) days of the date of this Order. By the Court: J ZKevin istribution to: D. Rauch, Esquire; Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100 Sterling Par way, Suite 306, Mechanicsburg, PA 17050 Ronald T. Tomasko, Esquire; James, Smith, Dietterick & Connelly, L.L.P.; P.O. Box 650, Hershey, PA 17033 ��1 _ .-. ytJ 4+7)1.1L y J( /�y L II3 OCT 28 PM 2: 33 CUMBERLAND RLANU COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, NO. 07-5771 v. MOTION FOR SANCTIONS ABDOULAYE ADAMOU and KELLY S. WILD, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendant, Abdoulaye Adamou Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 1705 (717) 901-5916 #15916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, v. NO. 07-5771 ABDOULAYE ADAMOU and (Jury Trial Demanded) KELLY S. WILD, Defendants. MOTION FOR SANCTIONS AND NOW, comes the Defendant, Abdoulaye Adamou, by and through his counsel, Summers, McDonnell, Hudock, & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion for Sanctions and in support thereof avers as follows: 1. This action arises out of a motor vehicle accident which occurred on October 5, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On April 1, 2013, the Defendant served the Plaintiff with Supplemental Interrogatories —Set No. 2 relative to the above-referenced matter. s 4. In accordance with the Pennsylvania Rules of Civil Procedure, the Plaintiffs Answers should have been received by May 1, 2013. 5. Counsel for Mr. Adamou filed a Motion to Compel and on August 2, 2013 the Honorable Judge Edward E. Guido ordered the Plaintiff to provide full and complete answers to the Defendant's Supplemental Interrogatories —Set No. 2 by August 22, 2013. 6. Since that time, Defense counsel has granted multiple extensions for providing the Answers to Plaintiffs counsel. Despite such extensions, the Defendant has not received the Plaintiffs responses to Supplemental Interrogatories —Set No. 2 . 7. It is necessary for the proper defense of this lawsuit that the Plaintiff file full and complete responses to the Defendant's discovery requests. 8. Pennsylvania Rule of Civil Procedure 4019, provides that sanctions are available when a party fails to serve answers to written interrogatories or fails to obey an order of court respecting discovery. 9. Here the Plaintiff has not answered written interrogatories and failed to obey an Order of Court. 10. As the Defendant's Supplemental Interrogatories addressed treatment following the Plaintiff's Answers to Supplemental Interrogatories —Set No. 1 and itemization of economic damages, the Defendant respectfully requests that this Honorable Court enter the attached Order precluding the recovery of any economic damages in this case and precluding any evidence and/or testimony of non-economic damages continuing past the date of submission of the Plaintiff's Answers to _ Supplemental Interrogatories —Set No.1. (A true and correct copy of the Supplemental Interrogatories —Set No. 2 are attached hereto as "Exhibit A.") 10. Counsel for Defendant certifies that Judge Guido ruled on the Defendant's Motion to Compel. 11. Opposing counsel does not concur in this motion. WHEREFORE, Defendant, Abdoulaye Adamou, respectfully requests this Honorable court enter the attached Order for Sanctions. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. By: 1,/ 1 e UD. "auch, Esquire Counsel for Defendant, Abdoulaye Adamou • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, NO. 07-5771 v. DEFENDANT, ABDOULAYE ADAMOU'S ABDOULAYE ADAMOU and SUPPLEMENTAL INTERROGATORIES — KELLY S. WILD, SET NO. 2 DIRECTED TO Defendants. PLAINTIFF, JINGLAN BRINZER (Jury Trial Demanded) Filed on Behalf of the Defendant, Abdoulaye Adamou Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15916 DEFENDANT'S t EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, v. NO. 07-5771 ABDOULAYE ADAMOU and KELLY S. WILD, (Jury Trial Demanded) Defendants. NOTICE TO: Plaintiff, Jinglan Brinzer do Ronald T. Tomasko, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 You are hereby required to answer the following Interrogatories under oath and in writing pursuant to the Pennsylvania Rules of Civil Procedure within thirty (30) days of the date of service hereof. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE&SKEEL, P.C. © CS PY BY: Kevin D. Rauch, Esquire Attorneys for Defendant, Abdoulaye Adamou DEFENDANT'S SUPPLEMENTAL INTERROGATORIES DIRECTED TO PLAINTIFF, JINGLAN BRINZER— SET NO. 2 1. Please indicate whether you have received any medical treatment since the dates given in your previous Answers to Supplemental Interrogatories —Set No. 1. If so, please state the following: a. the dates of such treatment; b. the nature of such treatment; c. the reason for such treatment; and d. the name and address of the provider of such treatment. ANSWER: • 2. Please indicate the total amount of medical expenses incurred to date for treatment related to the subject accident. ANSWER: 3. Please indicate the total amount of medical bills which were paid or reimbursed by Plaintiffs first party carrier. ANSWER: 4. Please indicate the total amount of medical bills which were paid by Plaintiffs health insurance carrier or other source. ANSWER: 5. Please indicate the total amount of any medical bills which were not paid or reimbursed by Plaintiffs first party carrier, health insurance carrier, or other applicable source. ANSWER: 6. Please indicate the total amount of any medical bills which Plaintiff intends to introduce into evidence at trial. ANSWER: 7. Have you missed any time from work since the date of your deposition? If so, please state: a. the dates that you missed from work; b. the reason that you missed the above dates from work; c. whether you received any reimbursement from any source as a result of missing the above days from work; and d. if you received any reimbursement, please indicate the amount of reimbursement and the source. ANSWER: 8. Please state the total amount of any wage loss you will be claiming at trial as a result of the subject accident. ANSWER: 9. Please state whether you have received any payments from your first party insurance carrier for loss of income. If so, please state the total amount received. ANSWER: 10. Please state whether you received any reimbursement for loss of income from any other source and state the amount. ANSWER: 11. Please state whether you will be pursuing a claim for future impairment of earning power. If so, please state the amount of such claim and provide a copy of any report or documentation supporting such claim. ANSWER: 12. Please set forth any other damages that will be claimed at the trial of this matter. ANSWER: 13. Have you been involved in any subsequent accidents, including, but not limited to, motor vehicle accidents and/or fall downs since the date of the subject accident? If so, kindly advise of the following: a. The number of subsequent accidents; b. The date of each accident; c. Whether or not a lawsuit has been filed pursuant to each accident and if so, include a copy of the Complaint and other relevant pleadings; d. Whether or not you were injured as a result of each accident; e. Whether or not you have sought treatment as a result of each accident; and, f. If so, list each medical, health, and/or chiropractic provider with whom you have sought treatment and/or consultation subsequent to said accident. ANSWER: 14. Have you filed a claim for workers' compensation subsequent to the date of the subject accident? If so, kindly advise of the following: a. The number of subsequent workers' compensation claims; b. The date of each claim; c. Whether or not litigation has been filed pursuant to each claim; d. The nature of the injury for each claim; e. Whether or not you have sought treatment as a result of each claim; and, f. If so, list each medical, health, and/or chiropractic provider with whom you have sought treatment and/or consultation subsequent to said accident. ANSWER i 15. Have you injured yourself in any manner that caused you to seek chiropractic and/or medical treatment subsequent to the date of the subject accident? If so, kindly advise of the following: a. The nature of the subsequent injury; b. The date of said injury; c. Whether or not a lawsuit has been filed pursuant to said injury and if so, include a copy of the Complaint and other relevant pleadings; d. Whether or not you have sought treatment as a result of said injury; and, f. If so, list each medical, health, and/or chiropractic provider with whom you have sought treatment and/or consultation subsequent to said accident. ANSWER 16. Have you ever been charged with or convicted of any crime? If so, please state: a. the date you were charged with or convicted of each crime; b. the nature of the crime; and c. the jurisdiction in which you were charged or convicted. ANSWER 17. Have you ever been affiliated with CAI Mineral Group, LLC? If so, please state: a. the type of business with which CAI Mineral Group, LLC was/is involved during your affiliation with that company; b. the position you held and the nature of the work you performed; and c. the name, address, and telephone number of other individuals who were affiliated with CAI Mineral Group, L.L.C. during your affiliation with that company; and d. your salary or rate of pay, or other compensation. ANSWER • 18. Have you ever been affiliated with Cotton & Western Mining, Inc.? If so, please state: a. the type of business with which Cotton & Western Mining, Inc. was/is involved during your affiliation with that company; b. the position you held and the nature of the work you performed; and c. the name, address, and telephone number of other individuals who were affiliated with Cotton &Western Mining, Inc. during your affiliation with that company; and d. your salary or rate of pay, or other compensation. ANSWER 19. Have you been affiliated with and/or worked for any other company, partnership, or other entity of any kind whatsoever since the year 2000? (Please exclude the companies identified in Interrogatories No. 17 and 18 as well as your work history provided in your Answers to Interrogatories) If so, please state: a. the name of the company, partnership or other entity. b. the type of business with which the company, partnership or other entity was/is involved during your affiliation with that company; c. the position you held and the nature of the work you performed; d. the name, address, and telephone number of other individuals who were affiliated with the company, partnership, or other entity during your affiliation with that company; and e. your salary or rate of pay, or other compensation. f. the federal and/or state identification number assigned to the company, partnership or other entity. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK GUTHRIE & SKEEL, P.C. BY: Kevin D. Rauch, Esquire Attorneys for Defendant, Abdoulaye Adamou CERTIFICATE OF SERVICE I hereby certify that the original of the within Supplemental Interrogatories Directed to Plaintiff, Jinglan Brinzer — Set No. 2 were served upon the following counsel of record via U.S. first class mail, postage prepaid this 1st day of April, 2013: Ronald T. Tomasko, Esquire James, Smith, Dietterick & Connelly, L.L.P. P.O. Box 650 Hershey, PA 17033 (Attorney for Plaintiff) SUMMERS, MCDONNELL, HUDOCK GUTHRIE & SKEEL, P.C. C 0 P) BY: Kevin D. Rauch, Esquire Attorneys for Defendant, Abdoulaye Adamou IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, v. NO. 07-5771 ABDOULAYE ADAMOU and (Jury Trial Demanded) KELLY S. WILD, Defendants. ORDER AND NOW, TO WIT, this day of , 2013, it is hereby ORDERED, ADJUDGED and DECREED that the Defendant's Motion for Sanctions is GRANTED. The Plaintiff is precluded from maintaining any claim for economic damages. The Plaintiff is precluded from maintaining a claim for non- economic damages that extends past the date of submission of her Answers to Supplemental Interrogatories—Set No. 1. J. James D. Young, Esquire; James, Smith, Dietterick & Connelly, L.L.P., P.O. Box 650 Hershey, PA 17033 Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, & Guthrie, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR SANCTIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 25th day of October, 2013. James D. Young James, Smith, Dietterick & Connelly, L.L.P. P.O. Box 650 Hershey, PA 17033 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. APO By: . Kevi /! . Rauch, Esquire Counsel for Defendant, Abdoulaye Adamou JINGLAN BRINZER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ABDOULAYE ADAMOU and NO. 2007-5771 CIVIL KELLY S. WILD, Defendants ORDER OF COURT AND NOW, this 12TH day of NOVEMBER, 2013, a hearing is scheduled for MONDAY, DECEMBER 9, 2013, at 11:00 a.m. in Courtroom# 3 to determine the appropriate sanctions to be imposed as a result of Plaintiff's failure to abide by our discovery orders. By theko , Edward E. Guido, J. ✓ James D. Young, Esquire Kevin D. Rauch, Esquire :sld LL ��- M <-3 —T-, CD ..c S JINGLAN BRINZER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-5771 CIVIL TERM ABDOULAYE ADAMOU and • KELLY S . WILD, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 9th day of December, 2013 , by agreement of the parties, Plaintiff shall reimburse Defendant reasonable fees and costs in connection with the preparation of the Motion for Sanctions . Plaintiff shall further provide the discovery responses on or before December 30, 2013 , or suffer further sanctions . By the Court, Edward E. Guido, J. �a es D. Young, Esquire /in D. Rauch, Esquire srs Py�� m ES' t' / ICs /3 - 3 c ) —y J Aii 2014 JAS' 10 Pm • J6 r'FNNSY vANIgNT'r' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, NO. 07-5771 v. DEFENDANT'S SECOND MOTION FOR ABDOULAYE ADAMOU and SANCTIONS KELLY S. WILD, Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendant, Abdoulaye Adamou Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 1705 (717) 901-5916 #15916 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, v. NO. 07-5771 ABDOULAYE ADAMOU and (Jury Trial Demanded) KELLY S. WILD, Defendants. DEFENDANT'S SECOND MOTION FOR SANCTIONS AND NOW, comes the Defendant, Abdoulaye Adamou, by and through his counsel, Summers, McDonnell, Hudock, & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion for Sanctions and in support thereof avers as follows: 1. This action arises out of a motor vehicle accident which occurred on October 5, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On April 1, 2013, the Defendant served the Plaintiff with Supplemental Interrogatories —Set No. 2 relative to the above-referenced matter. 4. In accordance with the Pennsylvania Rules of Civil Procedure, the Plaintiffs Answers should have been received by May 1, 2013. 5. Counsel for Mr. Adamou filed a Motion to Compel and on August 2, 2013 the Honorable Judge Edward E. Guido ordered the Plaintiff to provide full and complete answers to the Defendant's Supplemental Interrogatories —Set No. 2 by August 22, 2013. 6. Since that time, Defense counsel has granted multiple extensions for providing the Answers to Plaintiff's counsel. Despite such extensions, the Defendant has not received the Plaintiff's responses to Supplemental Interrogatories —Set No. 2 . 7. Argument on the Defendant's Motion for Sanctions was scheduled for December 9, 2013. The parties agreed to a 20-day extension for counsel to provide the Plaintiff's Answers to Supplemental Interrogatories —Set No. 2. 8. Defense counsel did not receive the Plaintiff's Answers by December 31, 2013. 9. Based upon communication with Plaintiff's counsel, Defense counsel was promised the Answers would be provided by January 6, 2014. However, Defense counsel again did not receive the Answers. 10. It is necessary for the proper defense of this lawsuit that the Plaintiff file full and complete responses to the Defendant's discovery requests. 11. Pennsylvania Rule of Civil Procedure 4019, provides that sanctions are available when a party fails to serve answers to written interrogatories or fails to obey an order of court respecting discovery. 12. Here the Plaintiff has not answered written interrogatories and failed to obey an Order of Court. 13. As the Defendant's Supplemental Interrogatories addressed treatment following the Plaintiff's Answers to Supplemental Interrogatories —Set No. 1 and itemization of economic damages, the Defendant respectfully requests that this Honorable Court enter the attached Order precluding the recovery of any economic damages in this case and precluding any evidence and/or testimony of non-economic damages continuing past the date of submission of the Plaintiff's Answers to Supplemental Interrogatories —Set No.1. Furthermore, the Defendant requests the court award whatever attorney's fees it finds reasonable as this is the second time the Defendant has had to file and likely present this Motion for Sanctions. 14. Counsel for Defendant certifies that Judge Guido ruled on the Defendant's Motion to Compel and entered the December 9, 2013 Order. 15. Opposing counsel does not concur in this motion. WHEREFORE, Defendant, Abdoulaye Adamou, respectfully requests this Honorable court enter the attached Order for Sanctions. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. By: ,AL4& in D. Rauch, Esquire Counsel for Defendant, Abdoulaye Adamou IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, v. NO. 07-5771 ABDOULAYE ADAMOU and (Jury Trial Demanded) KELLY S. WILD, Defendants. ORDER AND NOW, TO WIT, this day of , 2014, it is hereby ORDERED, ADJUDGED and DECREED that the Defendant's Motion for Sanctions is GRANTED. The Plaintiff is precluded from maintaining any claim for economic damages. The Plaintiff is precluded from maintaining a claim for non- economic damages that extends past the date of submission of her Answers to Supplemental Interrogatories —Set No. 1. J. Distribution List: James D. Young, Esquire; James, Smith, Dietterick & Connelly, L.L.P., P.O. Box 650 Hershey, PA 17033 Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, & Guthrie, P.C.• 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR SANCTIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 9th day of January, 2014. James D. Young James, Smith, Dietterick & Connelly, L.L.P. P.O. Box 650 Hershey, PA 17033 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. By: t - vin D. R uch, Esquire Counsel for Defendant, Abdoulaye Adamou IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JINGLAN BRINZER, CIVIL DIVISION Plaintiff, V. NO. 07-5771 ABDOULAYE ADAMOU and (Jury Trial Demanded) KELLY S. WILD, Defendants. ORDER AND NOW, TO WIT, this /0-M day ofL.A umi 2014 it is hereby ORDERED, ADJUDGED and DECREED that the Defendan 's Motion for Sanctions is GRANT D. Tiam for eco 1IQW6Q "Do 41. ­FILIII 10 on- eco to SupPl J. tribution List: James D. Young, Esquire; James,9 q Smith, Dietterick & Connelly, L.L.P., P.O. Box 650 Hershey, PA 7033 Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, & Guthrie, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17055 r�r`i y JINGLAN BRINZER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. • ABDOULAYE ADAMOU and : NO. 2007—5771 CIVIL TERM KELLY S. WILD, Defendants • ORDER OF COURT AND NOW, this 14TH day of FEBRUARY, 2014, after hearing argument on defendants' Motion for Sanctions it is GRANTED in part. Plaintiff shall reimburse defendants the sum of$500 for attorney fees payable within thirty (30) days. In all other respects, the Motion is DENIED. By t Edward E. Guido, J. ✓ James D. Young Esquire Kevin D. Rauch, Esquire :sld ,Lszt, c=, z rn =-7�-v, c r- cpr < 73 1 c