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HomeMy WebLinkAbout08-2679IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - acpflg Civil Civil Action - (XX) Law ( ) Equity Adrianne Talhelm Donald S. Kitchen, Jr. P.O. Box 142 21 East Main St. Orrstown, PA 17244 Newville, PA 17241 versus Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue one (1) Writ of Summons in the above-captioned action. One 1 Writ of Summons shall be issued and forwarded to (XX)Attorney ( )Sheriff Matthew S. Crosby, Esq. 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney 2uurr LfA Attorney Supreme Court ID No. 6 367 Date: 13 ZOOR/ WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date:_ NL Lo 8 Prot onotary by. ( ) Check here if reverse is used for additional information Deputy Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Harrisburg, PA 17110 Phone: 717-238-2000 * Fax 717-233-3029 www.hhriaw.com 9-5 V ? - r ? rl, 00 oynl "+v Q SHERIFF'S RETURN - REGULAR CASE NO: 2008-02679 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TALHELM ADRIANNE VS KITCHEN DONALD S JR MARK CONKLI , Sheriff or Deputy Sheriff of Cumberland C unty,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KITCHEN DONA D S JR the DEFENDANT at 21 EAST at 0010:22 HOURS, on the 3rd day of May 2008 kIN STREET NEWVILLE. PA117241 DONALD KI DEFENDANT by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.00 Affidavit .00 Surcharge 10.00 Postage r/"? .41 fij C) ? 3 t ,, 9.41 scibed to s day Sworn and S before me t of So Answers: R . 'Thomas Kline 05/05/2008 HANDLER HENNING & ROSENBERG By: Deput Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIANNE TALHELM, CIVIL DIVISION Plaintiff, NO. 08-2679 V. PRAECIPE FOR APPEARANCE DONALD S. KITCHEN, JR., Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant 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 #16710 AbP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIANNE TALHELM, CIVIL DIVISION Plaintiff, V. NO. 08-2679 DONALD S. KITCHEN, JR., (Jury Trial Demanded) Defendant. 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, Donald S. Kitchen, Jr., in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: even u. rfaucn, tsquire ounsel for Defendant 0 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APEPARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19TH day of November, 2008. Matthew S. Crosby, Esquire Handler, Henning, & Rosenberg, L.L.P, 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Keiin IT f'uth, Esquire C nsel for Defendant ? = t:...s `?;i ?. ?v ? '7 ' ? ?? . , ? ", . F ? ? t _..? t? ) r, t i? s A- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIANNE TALHELM, CIVIL DIVISION Plaintiff, NO. 08-2679 V. PRAECIPE FOR RULE DONALD S. KITCHEN, JR., TO FILE COMPLAINT Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant 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 #16710 s' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIANNE TALHELM, Plaintiff, V. DONALD S. KITCHEN, JR., Defendant. CIVIL DIVISION NO. 08-2679 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Adrianne Talhelm, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: n D. Rauch, Esquire nsel for Defendant 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 19TH day of November, 2008. Matthew S. Crosby, Esquire Handier, Henning, & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: bvin D.-Ra4ch, Esqui ounsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIANNE TALHELM, Plaintiff, V. DONALD S. KITCHEN, JR., Defendant. CIVIL DIVISION NO. 08-2679 (Jury Trial Demanded) RULE AND NOW, this , day of , 2008, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this day of 2008. Distribution to: Protheno ary Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Murnma Road, Suite 300 Lemoyne, PA 17043 Matthew S. Crosby, Esquire Handler, Henning, & Rosenberg, L.L.P. 1300-Unglestown Road Harrisburg, PA 17110 r t f 1 "? "Tb ? ? ;;-; } C'r ?- ?., o+ .: ?Y ?.??.. ?.-?^} ,.??. 4../ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIANNE TALHELM, CIVIL DIVISION Plaintiff, V. NO. 08-2679 DONALD S. KITCHEN, JR., (Jury Trial Demanded) Defendant. RULE y \ AND NOW, this day of I? oye-mb er 2008, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this day of Lny bor , 2008. Pro any Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Matthew S. Crosby, Esquire Handier, Henning, & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 ;? 4 _ ?, _ ? ' ' ? - -,??. ? " u ? ?, -? se p -- - ?.?:'. G7 Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com ADRIANNE TALHELM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- 2679 CIVIL CIVIL ACTION - LAW DONALD S. KITCHEN, JR., Defendant 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, PA 17013 Telephone 717-249-3166 or 800-990-9108 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes p6ginas, debe tomar accibn dentro de los pr6ximos veinte (20) dias despues de la notificacibn 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 m6s 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, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDLER, HENNING & ROSENBERG, LLP By: Wafhew S. C sby, Esq. FAWP Directories\AMC\Complaints\MVA\Drunk driveffalhelm, Adrianne.wpd Matthew S. Crosby, Esquire I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com ADRIANNE TALHELM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2679 CIVIL DONALD S. KITCHEN, JR., CIVIL ACTION -LAW Defendant COMPLAINT AND NOW, comes the Plaintiff, Adrianne Talhelm, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and makes the within Complaint against the Defendant, Donald S. Kitchen, Jr., and avers as follows: 1. Plaintiff, Adrianne Talhelm, is an adult individual currently residing in Orrstown, Franklin County, PA 17244. 2. Defendant, Donald S. Kitchen, Jr., is an adult individual currently residing at 21 East Main Street, Newville, Cumberland County, PA 17241. 3. At all times material hereto, Plaintiff, Adrianne Talhelm, was the owner and operator of a 1987 Ford Mustang, bearing Pennsylvania registration number GJT 9391 (hereinafter "Plaintiff's vehicle") 4. At all times material hereto, Defendant, Donald S. Kitchen, Jr., was the owner and operator of a 1995 Ford E250 van, bearing Pennsylvania Registration Number YRF 1187 (hereinafter "Defendant's vehicle"). 5. At all times material hereto, Plaintiff, Adrianne Talhelm, was a named insured under an automobile insurance policy with Liberty Mutual Fire Insurance Company. 6. Pursuant to 75 Pa. C.S.A. § 1705, Plaintiff, Adrianne Talhelm, is permitted to recover for non-economic damages as if she selected full-tort coverage, because Defendant, Donald S. Kitchen, Jr., was accepted into the Accelerated Rehabilitative Disposition (ARD) program for Driving under the Influence of alcohol at the time of the collision. 75 Pa. C.S.A. §1705(d)(1)(1). 7. At all times material hereto, there were no adverse weather or road conditions. 8. On or about May 4, 2006, at approximately 7:40 a.m., Plaintiffs vehicle was traveling northbound on Route 11 and had come to a stop behind traffic waiting to make a left turn onto Greason Road in West Pennsboro Township, Cumberland County, Pennsylvania. 9. At approximately the same time and place, Defendant's vehicle was also traveling northbound on Route 11, advancing toward Plaintiff's stopped vehicle, near the intersection of Route 11 and Greason Road in West Pennsboro Township, Cumberland County, Pennsylvania. 10. Suddenly, and without warning, Defendant, Donald S. Kitchen, Jr., violently struck the rear of Plaintiff's stopped vehicle, causing a collision. 2 11. As a result of the impact, Plaintiff's vehicle was pushed across the southbound travel lane of Route 11 approximately 75 feet into shrubbery on the Cumberland Golf Course on the northwest corner of the intersection. 12. Before operating his vehicle and before arriving at the intersection of Route 11 and Greason Road on the morning of this crash, Defendant, Donald S. Kitchen, Jr., had consumed alcohol. 13. At the time of the crash, Defendant, Donald S. Kitchen, Jr., was driving under the influence of alcohol. 14. Defendant, Donald S. Kitchen, Jr's, blood alcohol content (BAC) was. 175%. 15. At the time of the crash, Defendant, Donald S. Kitchen, Jr., was on his cell phone. 16. After striking Plaintiff's vehicle, Defendant, Donald S. Kitchen, Jr., fled the scene of the crash and was later apprehended approximately five miles from the collision site, only after his vehicle broke down because of the damage it sustained in the crash. 17. At the time he was apprehended, Defendant, Donald S. Kitchen, Jr., had bloodshot and glassy eyes, as well as slurred and incoherent speech. 18. At the time he was apprehended, Defendant, Donald J. Kitchen, Jr., was unable to successfully exit a Carlisle Borough Police Car and stumbled into an investigating State Trooper on the scene. Defendant also needed to be escorted by police to a nearby patrol car because of his high level of intoxication. 19. At the time Defendant was apprehended, a field sobriety test was not performed because of his high level of intoxication. 3 20. At the time he was apprehended, investigating law enforcement personnel discovered a mostly consumed bottle of Smirnoff triple-distilled vodka in the center console of Defendant's vehicle. 21. As a direct and proximate result of the negligence of the Defendant, the Plaintiff, Adrianne Talhelm, sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE Adrianne Talhelm v. Donald S. Kitchen. Jr. 22. Plaintiff, Adrianne Talhelm, incorporates and makes part of this Count Paragraphs 1 through 21 above, as if the same were set forth fully below. 23. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Adrianne Talhelm, were caused directly and proximately by the negligence of Defendant, Donald S. Kitchen, Jr., generally, and, more specifically, set forth below: (a) In failing to keep a proper lookout for other vehicles lawfully traveling on, and/or stopped at, the intersection of Route 11 and Greason Road, in West Pennsboro Township, Cumberland County, Pennsylvania; (b) In failing to operate said vehicle under proper and adequate control so that he could avoid a collision; (c) In failing to keep a proper lookout for the traffic conditions then and there existing; (d) In failing to exercise the high degree of care required of an operator of a motor vehicle approaching an intersection; 4 (e) In driving said vehicle in careless disregard for the safety of persons and property, in violation of 75 Pa. C.S.A. § 3714; (f) In failing to operate said vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; (g) In failing to operate said vehicle at a speed which was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; (h) In operating said vehicle at a speed in excess of the posted speed limit; (i) In driving in a careless manner, in violation of 75 Pa. C.S.A. § 3714; Q) In driving while intoxicated, in violation of 75 Pa. C.S.A. § 3802; (k) In driving said motor vehicle after imbibing a sufficient amount of alcohol such that rendered him incapable of safely driving, operating, or being in actual physical control of the movement of the vehicle; (1) In driving said motor vehicle at a time when he was unfit to do so, due to his excessive consumption of alcohol and/or drugs; and (m) In otherwise driving said vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 24. As a direct and proximate result of the negligence of the Defendant, Donald S. Kitchen, Jr., the Plaintiff, Adrianne Talhelm, sustained extensive injuries including, but not limited to, injuries to her neck and back. 5 25. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Adrianne Talhelm, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 26. As a direct and proximate result of the Defendant's negligence, Plaintiff, Adrianne Talhelm, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend more for the same purposes in the future, to her detriment and loss. 27. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Adrianne Talhelm, has suffered a loss of income and will continue to suffer a loss of earnings in the future, to her financial detriment and loss. 28. As a direct and proximate result of the Defendant's negligence, Plaintiff, Adrianne Talhelm, has been, and will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 29. As a direct and proximate result of the Defendant's negligence, Plaintiff, Adrianne Talhelm, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her detriment and loss. WHEREFORE, Plaintiff, Adrianne Talhelm, seeks damages from the Defendant, Donald S. Kitchen, Jr., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 6 COUNT II - GROSS NEGLIGENCE/OUTRAGEOUS CONDUCT Adrianne Talhelm v Donald S. Kitchen, Jr. 30. Plaintiff, Adrianne Talhelm, incorporates and makes part of this Count paragraphs 1 through 29 above, as if the same were set forth fully below. 31. The occurrence of the aforesaid collision and the resultant injuries to the Plaintiff, Adrianne Talhelm, were caused directly and proximately by the grossly negligent and outrageous conduct of the Defendant, Donald S. Kitchen, Jr., generally, and more specifically as set forth below: (a) In driving while intoxicated, in violation of 75 Pa. C.S.A. § 3802; (b) In operating the motor vehicle at a time when he was unfit to do so due to his consumption of alcohol and/or drugs; (c) In willfully, wantonly, and carelessly disregarding the safety of Plaintiff, Adrianne Talhelm, by operating a motor vehicle while intoxicated; (d) In willfully, wantonly, and consciously disregarding the consequences and health and safety of Plaintiff, Adrianne Talhelm, by operating a motor vehicle when he was intoxicated to a degree that rendered him incapable of driving safely; (e) In driving a motor vehicle with a wanton disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. § 3736; (f) In driving said motor vehicle after imbibing a sufficient amount of alcohol such that rendered him incapable of safely driving, operating, or being in actual physical control of the movement of the vehicle; 7 (g) In willfully, wantonly, and with careless disregard for the safety and health of the Plaintiff, Adrianne Talhelm, fleeing the scene of the crash and continuing to drive when he was unfit to do so; and (h) In otherwise acting with reckless indifference to the rights and safety of Plaintiff, Adrianne Talhelm. 32. Defendant's actions in operating the motor vehicle while under the aforementioned conditions amount to gross negligence and outrageous conduct, which Defendant, Donald S. Kitchen, Jr., knew, or should have known, constituted reckless and wanton disregard for the safety of others. 33. As a direct and proximate result of the grossly negligent and outrageous conduct of the Defendant, Donald S. Kitchen, Jr., the Plaintiff, Adrianne Talhelm, sustained injuries including, but not limited to, injuries to her neck and back. 34. As a direct and proximate result of the grossly negligent and outrageous conduct of the Defendant, the Plaintiff, Adrianne Talhelm, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 35. As a direct and proximate result of the grossly negligent and outrageous conduct of the Defendant, Plaintiff, Adrianne Talhelm, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and she will be required to expend more for the same purposes in the future, to her detriment and loss. 36. As a direct and proximate result of the grossly negligent and outrageous conduct of the Defendant, the Plaintiff, Adrianne Talhelm, has suffered a loss of income 8 and will continue to suffer a loss of earnings in the future, to her financial detriment and loss. 37. As a direct and proximate result of the grossly negligent and outrageous conduct of the Defendant, the Plaintiff, Adrianne Talhelm, has been, and will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 38. As a direct and proximate result of the grossly negligent and outrageous conduct of the Defendant, the Plaintiff, Adrianne Talhelm, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her detriment and loss. WHEREFORE, Plaintiff, Adrianne Talhelm, seeks damages, including punitive damages, from the Defendant, Donald S. Kitchen, Jr., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, Date: t b 160 HANDLE ENNIN & ROSENBERG, LLP By: Matthew S. Cro y, Esq. Attorney I.D. #69367 Attorneys for Plaintiff 9 VERIFICATION PURSUANT TO Pa. R.C.P. No. 1024(c) MATTHEW S. CROSBY, ESQ. states that he is the attorney for the party(ies) filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. MATTHEW $./'CROSBY, ESQ. DATE: 17 l dzwe Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby .hhrlaw.com Attorneys for Plaintiffs ADRIANNE TALHELM, Plaintiff V. DONALD S. KITCHEN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 2679 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant by sending copies of the same to the Defendant's counsel of record: Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Suite 300 Lemoyne, PA 17043 by United States Certified mail in Harrisburg, Pennsylvania on December 10, 2008. HAN nR, HEN ING & ROSENBERG, LLP 3 Matthew S. Crosby, Esq. DATE: 12_hIt'lbbv Attorneys for Plaintiff C? v t= ?.? ,,.? . , ?n= j , ? - "? ,'^ i ? ?' - r ?` 1... . - . . ri .-4. Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby a)hhriaw.com ADRIANNE TALHELM, Plaintiff Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- 2679 CIVIL CIVIL ACTION - LAW DONALD S. KITCHEN, JR., Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiff's First Set of Interrogatories Directed to Defendant, Donald S. Kitchen and the Plaintiff's Request for Production of Documents Directed to Defendant, Donald S. Kitchen were served on the Defendant by sending copies of the same to the Defendant's counsel of record: Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Suite 300 Lemoyne, PA 17043 by United States Certified mail in Harrisburg, Penn sy on December RD, 2008. G & ROSENBERG, LLP DATE: t olzoo k Matthew S. Crosby, Esq. Attorneys for Plaintiff C`1 r.,a µ U l ---- t 3 MB j ii pi Matthew S. Crosby, Esq. I.Q.#69367 . HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby,: hhrlaw.com ADRIANNE TALHELM, Plaintiff V. DONALD S. KITCHEN, JR., Defendant Attorneysfor Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2679 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please substitute the attached Verification for the attorney's Verification in the recently filed Complaint in this matter. Thank you. DATE: H:ew N ING & ROSENBERG, LLP B- S. Crosby, Esq. Attorneys for Plaintiff jib _- VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not of my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d), relating to unsworn falsification to authorities. DATE: Ug a", ? ADRIANNE TALHELM ? ? ?? c;a ..' r-3 --- { ? ' j ;?; -? i""*? , t C..u -; G. •. j,,,l A .C ? ' (`?} ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIANNE TALHELM, Plaintiff, V. CIVIL DIVISION NO. 08-2679 DONALD S. KITCHEN, JR., Defendant. TO: Plaintiff You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant 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 V\ CND, 1017 Mumma Road, Suite 300 Summers, McDonnel , Hudock, Lemoyne, PA 17043 Guthrie & Skeel, L.L.P. (717) 901-5916 #16710 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIANNE TALHELM, CIVIL DIVISION Plaintiff, V. NO. 08-2679 DONALD S. KITCHEN, JR., (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Donald S. Kitchen, Jr., by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter 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. Admitted. 3. Admitted. 4. Admitted. 5. 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. 6. Paragraph 6 states legal conclusions 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. 7. Admitted. 8. 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. 9. Admitted. 10. Admitted in part, denied in part. It is admitted that a collision occurred on the date, time, and location of the subject accident. The remainder of the allegations in paragraph 10 state legal conclusions 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. 11. 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. 12. Admitted. 13. Admitted in part, denied in part. It is admitted that the Defendant consumed alcohol prior to the subject accident. The remainder of the allegations in paragraph 13 state legal conclusions 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. 14. Admitted in part, denied in part. It is admitted that the Defendant underwent a test to determine his blood alcohol content level. The remainder of the allegations of paragraph 14 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. 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. 16. Admitted in part, denied in part. It is admitted that the Defendant left the scene of the collision. It is further admitted that the vehicle was disabled as a result of the collision. The remainder of the allegations in paragraph 16 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. 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. 18. 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. 19. 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. 20. Admitted in part, denied in part. It is admitted that the vodka bottle was in the center console of the Defendant's vehicle. The remainder of the allegations in paragraph 20 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 21. Paragraph 21 states legal conclusions 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, Donald S. Kitchen, Jr., respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. COUNT I - NEGLIGENCE ADRIAN TALHELM v. DONALD S. KITCHEN. JR. 22. In response to paragraph 22, the Defendant reiterates and repeats all his responses in paragraphs 1 through 21 as if fully set forth at length herein. 23. Admitted in part, denied in part. It is admitted that the Defendant was negligent in causing the subject accident. The remainder of the allegations in paragraph 23 state legal conclusions 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. 24. Paragraph 24 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. 25. Paragraph 25 states legal conclusions 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. 26. Paragraph 26 states legal conclusions 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. 27. Paragraph 27 states legal conclusions 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. 28. Paragraph 28 states legal conclusions 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. 29. Paragraph 29 states legal conclusions 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, Donald S. Kitchen, Jr., respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. COUNT II - GROSS NEGLIGENCE/OUTRAGEOUS CONDUCT ADRIAN TALHELM v. DONALD S. KITCHEN. JR. 30. In response to paragraph 30, the Defendant reiterates and repeats all his responses in paragraphs 1 through 29 as if fully set forth at length herein. 31. Paragraph 31 and all its subparts state legal conclusions 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. 32. Paragraph 32 states legal conclusions 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. 33. Paragraph 33 states legal conclusions 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. 34. Paragraph 34 states legal conclusions 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. 35. Paragraph 35 states legal conclusions 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. 36. Paragraph 36 states legal conclusions 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. 37. Paragraph 37 states legal conclusions 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. 38. Paragraph 38 states legal conclusions 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, Donald S. Kitchen, Jr., respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 39. 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. 40. 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. 41. 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, Donald s. Kitchen, Jr., 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. By: *?t V? U ICk /CI\je Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER 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 AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER 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 AND NEW MATTER 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. Date: #16710 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 2009. Matthew S. Crosby, Esquire Handler, Henning, & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: *-W Pi Kevin D. Rauc , Esquire Counsel for Defendant O %J Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax: (717) 233-3029 E-mail: Crosby@hhdaw.com ADRIANNE TALHELM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2679- 2008 CIVIL CIVIL ACTION - LAW DONALD S. KITCHEN, JR., Defendant PLAINTIFF'S REPLY TO DEFENDANT. DONALD S. KITCHEN. JR.'S. NEW MATTER AND NOW, comes the Plaintiff, Adrianne Talhelm, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq. and replies to Defendant, Donald S. Kitchen, Jr.'s, New Matter as follows: 39. The allegations in Paragraph 39 are denied, pursuant to Pa. C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 39 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. -1- A", - 40. The allegations in Paragraph 40 are denied, pursuant to Pa. C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 40 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 41. The allegations in Paragraph 41 are denied, pursuant to Pa. C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 41 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant, Donald S. Kitchen, Jr.'s allegations and enter judgment in favor of the Plaintiff. DATE: 17 2Oo HANDLER, ING & ROSENBERG, LLP By Matthew S. Cro y, Esq. Attorneys for Plaintiff -2- r Matthew S. Crosby, Esq. I . D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby@hhdaw.com Attorneys for Plaintiff ADRIANNE TALHELM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2679- 2008 CIVIL CIVIL ACTION - LAW DONALD S. KITCHEN, JR., Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on Defendant, Donald S. Kitchen, Jr., by sending a copy of the same to his counsel of record, Kevin D. Rauch, Esq., Summers, McDonnell, Hudock, Guthrie & Skeel, LLP, 1017 Mumma Rd., Lemoyne, PA 17043, by United States Mail, regular service, in Harrisburg, Pennsylvania on February ,) 2009. NG & ROSENBERG, LLP By Matthew S. r by, Attorneys fo laintiff DATE: Non Esq. ? ? 2 p. ^ s' ? c 1 W _t ri. 77 ADRIANNE TALHELM, Plaintiff V. DONALD S. KITCHEN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA : CIVIL-ACTION LAW NO. 2008-2679 CERTIFICATE OF SERVICE AND NOW, this 25th day of February, 2009, 1 hereby certify that I have, on this date, served the within Plaintiff's Answers to the Interrogatories of Defendant, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Ste. 300 Lemoyne, PA 17043 (Attorney for Defendant) Date: 2/25/09 Respectfully submitted, HANDLE ENNING IS E OERG?,?LLP By: Matthew S. Crosby, Esq. I.D. No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff ?, e " - = % _ - ? : "- w-,- . . ,.? ?,? ?' : ?? ?? { _, _ f.- ?s ^ ADRIANNE TALHELM, Plaintiff V. DONALD S. KITCHEN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL-ACTION LAW : NO. 2008-2679 CERTIFICATE OF SERVICE AND NOW, this 25th day of February, 2009, 1 hereby certify that I have, on this date, served the within Plaintiffs Answers to the Interrogatories of Defendant, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Ste. 300 Lemoyne, PA 17043 (Attorney for Defendant) Date: 2/25/09 Respectfully submitted, HANDLE , ENNI ENB , LLP By: Matthew S. rosby, Esq. I.D. No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff ?~ ? r ??_ .. r. •`_'? y "Y"' , ?? + ? ;--y .., -'g ? ? i , ?" ., ?' `G F:1WP Directories\AMMMotions & Petitions\Objection to Subpoena\Talhelm, Adrianne.wpd Matthew S. 1. D.#69367 HANDLER, 1300 Lingle Harrisburg, Telephone: Fax: DONALD , Esq. NNING & ROSENBERG, LLP vn Road 17110 (717) 238-2000 (717) 233-3029 TALHELM, Plaintiff V. Attorneys for Plaintiff KITCHEN, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2679 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S OBJECTION TO SUBPOENAS PURSUANT TO RULE 4009.21 AND NOW, comes the Plaintiff, Adrianne Talhelm, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and, pursuant to Pa. R.C. . 4009.21, objects to the proposed subpoenas, which seek complete copies of any and II insurance records of Plaintiff, Adrianne Talhelm, from January 1, 1996, to the present, and Workers' Compensation Bureau records from October 6, 1969, to the present, which are overly broad and not reasonably calculated to lead to the discovery of admissible evidence: 1. On or about December 10, 2008, Plaintiff, Adrianne Talhelm, filed a Complaint i the instant matter alleging negligence on the part of the Defendant for violently striking the rear of Plaintiff's vehicle while she was stopped waiting for traffic ahead tomake a left-hand turn. 2. In the Complaint, Plaintiff, Adrianne Talhelm, alleged that her injuries were caused directly and proximately by the negligence, carelessness, and/or recklessness of the Defendant in not being properly vigilant of the traffic in front of him, in operating a motor vehicle while under the influence of alcohol, and in utilizing a cellular telephone while operating al motor vehicle. 3. On or about April 29, 2009, Plaintiff received a Notice of Intent to Serve Subpoena ?n Highmark Blue Shield and Capital Blue Cross. Attached hereto, made a part hereof and marked "Exhibit A," is a copy of the Notice of Intent to Serve Subpoena. 4. On or about May 14, 2009, Plaintiff received a Notice of Intent to Serve Subpoena ?n the Pennsylvania Workers' Compensation Bureau. Attached hereto, made a part here f and marked "Exhibit B," is a copy of the Notice of Intent to Serve Subpoena. 5. The rider to the Blue Cross/Blue Shield subpoena seeks to obtain complete copies of a y and all insurance records from January 1, 1996, through the present. 6. The rider to the Workers' Compensation subpoena seeks a complete copy of the enti a Workers' Compensation file for all Workers' Compensation claims from October 6, 1969, through to the present, without restriction. 7 to of injuries, Defendant's subpoenas are overly broad, not reasonably calculated to lead of admissible evidence and are not restricted in any way regarding what type , and/or medical conditions they seek information on. In fact, the subpoenas do not restrict in any way what portions of the human body they seek documents ?n. Further, they seek information that is not relevant to the subject case. 8. The subpoenas will result in the release of documents that have no relation to Plaintiffs collision-related injuries. 2 9. back as a i intend to m 10. claimed to medical tre. regardless 11. and billing Compensat also unreas WHE Court issue Plaintiff recently testified on May 8, 2009, that she injured her neck and low of Defendant's negligence. Plaintiff also confirmed that she does not any income loss and/or loss-of-earnings capacity claim. Defendant does not restrict his request to only those parts of the body injured as a result of the collision, but, rather, seeks documentation of any Ms. Talhelm received, and all Workers' Compensation documentation, the portion of the body the injury was focused on. Defendant's Blue Cross/Blue Shield subpoena, requesting medical records January 1, 1996, to the present, a span of 13 years, and his Workers' on subpoena, requesting records since October 6, 1969, to the present, are able and excessive. FORE, Plaintiff, Adrianne Talhelm, respectfully requests this Honorable Order quashing Defendant's subpoenas. Respectfully submitted, Date: HANDLER, HENNING & ROSENBERG, LLP By: hew S. Crosby, Esq. Attorneys for Plaintiff 3 SUMMFRS, MCDONNELL, WIDOCK, GtaTHRIE & SKEEL, L.t.P. ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL HARRISBURG OFFICE: JASON A. HINES JOSEPH A. HUDOCK. JR. 100 STERLING PARKWAY UN ERIN M. BRA RAUN G REGG A. GUTHRIE SUITE 306 Guy E. BLASS PETER B SKEEL MARK J. GOLEN . PATRICK M. CONNELLY* MECHANICSBURG, PA 17050 ROBERT J. FISHER. JR. JEFFREY C. CATANZARITE PHONE: 717-901-5916 KIMBERLY L. GALLUCCI•• KEVIN D. RAUCH FAX: 717-920-9129 JESSICA M. JURASKO ERICK V. VIOLAGO ALSO ADMITTED IN WV JOHN A. Lucy **ALSO ADMITTED IN OH A ril 29 2009 SETH T. BLACK... ***ALSO ADMITTED IN NJ p ETHAN K. STONE MATTHEW RIDLEY CANDACE N. EDGAR Matthew . Crosby, Esquire Handler, Henning, & Rosenberg, L.L.P. 1300 Ling estown Road Harrisbur_ , PA 17110 RE: T File No. 16710 Dear Mr. Ple se be advised I am in receipt of your letters of April 17, 2009 and April 23, 2009. 1 disagree with your contention that the acquisition of your client's records from her privat health insurance carriers within the preceding ten years exceeds the liberal parameter of discovery. As your client has placed her physical condition at issue by filing the instant action, I believe we are entitled to review claims made by her, as well as ascertE in the identify of providers, which she may have failed to identify in her Answers t Interrogatories. Therefore, I have subpoenaed your client's records from Highmark Blue Shield and Capital Blue Cross. You are certainly free to object to the foregoing subpoenas; however, I ask that you agree to waiver of the 20-day objection period so t flat we may move this matter forward. Sh uld you have any questions or concerns regarding the above, please feel free to contact e. Thank you. Very truly yours, Candace N. Edgar CNE:kan i PITTSBURGH OFFICE: G REET PITTSBURGH. PA 15219 SUBPOENA NOTICE OF INT'=,NT Page 1 of 3 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Adrianne Talhelm Court of Common Pleas VS. Donald S. Kitchen, Jr. 08-2679 NOTICE O INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Highmark Blu Capital Blue C Shield Health Insurance Health insurance TO: Matthew $. Crosby, Esquire note: please see enclosed list of all other interested counsel Litigation Solu ions, LLC ('LSLLC') on behalf of Candace Edgar, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if n objection is made, then the subpoena may be served. Date of Issue: 5/7/2009 Litigation Solutions, LLC on behalf of: CC: Can ace Edgar, Esquire - Court of Common Pleas Candace Edgar, Esquire Defense If you have an questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 httn /hats.lI -(-.oihi/ratsevents/notice of intent.asD?save reDort to db=X&PLid=PL31946... 5/7/2009 SUBPOENA NOTICE OF INTrNT Page 2 of 3 COUNSEL LISTING FOR ADRIANNE TALHELM VS. DONALD S. KITCHEN, ]R. County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Crosby, Esqulire, Matthew S. 1300 Linglestown Road Harrisburg PA 17110 Opposing Counsel htf'?-//rate ?itcn? rnhri?ratcPV?ntc?nnflC.A of 7711PY1t AG17CAVP, rPnnrt to dh=X&PT,Id=PT3194E__ 5?7?7.?)?)9 SUBPOENA NOTICE OF IN'r' NT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Adrianne Talhelm Court of Common Pleas VS. Donald S. Kitchen, Jr. 08-2679 est For Records Copies Related To Subpoena Document Request Page 3 of 3 Provider: Copy Sets Requested: Highmark Blue Shield Capital Blue Cross Please return his completed form to Litigation Solutions, LLC. Please be advised that Litigation Solutions, LLC requires prepayment for all requested records above. Therefore, once the requested records are obtained an invoice for pr payment will be generated and sent directly to your attention. This prepayment includes a $5.00 administrative fee. Once payment has been received the records will be promptly forwarded to your attention. If you should contact Alexis Date of Issue: to have any questions or concerns regarding this matter, please don't hesitate to at 412.253.1156 or fax at 412.253.1172. 5/7/2009 htin•//rate litcnl nrn??/rat.cPVPnt.c/nn1ice of intent. aSn?Save renni-t to dh=X&PT,1d=P1 1)104F 5/7/')fN1Q COP, MOITWEALTI-3 OF PENNSY NAND COUNTY OF CUMIBERLA ND Adrianne Talhlelm 08-2679 File No. vs. Don ald S. Kit chen, Jr. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cap ital Blue Cross (Name of Person or Entity) With following doc twenty (20) days after service of this subpoena, you are ordered by the court to produce the ments or things: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You m subpoena, toge above. You ha things sought. ay deliver or mail legible copies of the documents or produce things requested by this er with the certificate of compliance, to the party making this request at the address listed ve the right to seek in advance the reasonable cost of preparing the copies or producing the If you after.its service, fail to produce the documents or things required by this subpoena within twenty (20) days the party -serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPO NA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NATvM: Candace Edgar, Esquire ADDRESS: echani 0 Sterling Parkway, Suite 306 sbur PA 17050 TELEPHONE: 7) 9 o 1- 5 9 1 6 SUPREME CO T ED 2 0 912 7 !ATTORNEY FO R: Defense BY THE COURT: P/I )ate: Seal o I Prothonotary, Civil Division the Court Deputy 1 SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIANS OF RECORDS FOR: Capital Blue Cross Correspondence Unit, Capital Blue Cross P.O. Box 779519 Harrisburg PA 17177-9519 Attention: Insurance Records Department Subject: i aineim, Adrianne SS#:4976 Date of Birth: 10/ /1969 Page 1 of 1 Requested Item : Complete copy of ?ny and all insurance records (1/1/1996 to Present), including: claims paid, denials, statements, EOB's and corres ondence. httn //rats litcnl n?n,/ratcPVPni:e/snhnnPna ride7-_2.sn?PT,1 'd=PT,319467&WRid=WR38369 5/7/2009 COIVII MITWTEALTII OF PENNSYLVANIA COUNTY OF CUM-BERLAI2,'D Adrianne Tallielm File No. 08-2679 . VS. Don ald S. Kit chen, Jr. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUAINT O RULE 4009.22 TO: Hi hmark Blue Shield (Name of P erson or Entity) Wit ' twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doc uments or things: PLEASE SEE ATTACHED RIDER 101 at Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, tog ther with the certificate of compliance, to the party making this request at the address listed above. You h ve 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 SUBPO ENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Candace Edgar, Esquire ADDRESS: 00 -sterling Parkwa , Suite 306 Mechani csbur PA, 17050 TELEPHONE: (717) 901-5916 SUPREME CO TID # 209127 kTTORNEY F R: Defense BY THE COURT: rothonotary, Civil Division 1 )ate: Seal o th C t e our s Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Highmark Blue Shi Id 1800 Center Street Camp Hill PA 1701 Attention: Insurance Records Department Subject: Talheim, drian SS#l : 4976 Date of Birth: 10/ 1969 Page 1 of 1 Requested Items• Complete copy of ny and all insurance records (1/1/1996 to Present), including: claims paid, denials, statements, EOB's and corresD ndence. 1-itt,-0/1-ate lit¢nl C.n ?/rat?PVP.nte/snhpnPna r1rler.2sn?PLJd=PL3I9466&WRid=WR38369 x/7/2009 SUBPOENA NOTICE OF INTENT PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Adrianne Talhelm Court of Common Pleas VS. Donald S. Kitchen, Jr. S? Pagel of 3 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 If you have Litigation Sc Brentwood I 101 Towne: Pittsburgh, I Provider: PA 08-2679 Record Type: Compensation Bureau Workers Compensation TO: Matth0v S. Crosby, Esquire note: pleas see enclosed list of all other interested counsel Litigation S lutions, LLC ('LSLLC') on behalf of Candace Edgar, Esquire intends to serve a subpoena identical to the one t at is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 5/14/2009 CC Edgar, Esquire - Court of Common Pleas any questions regarding this matter, please contact: lutions, LLC (412.263.5656) owne Centre square Way, Suite 251 A 15227 Litigation Solutions, LLC on behalf of: Candace Edgar, Esquire Defense http://rats.litsol.c m/ratsevents/notice_of intent.asp?save_report_to_db=X&PLid=PL3208 5/14/2009 +. SUBPOENA NOTICE OF INTENT Page 2 of 3 Counsel Crosby, l http: //rats. COUNSEL LISTING FOR ADRIANNE TALHELM VS. DONALD S. KITCHEN, JR. County of Cumberland Court of Common Pleas Firm wire, Matthew S. 1300 Linglestown Road Harrisburg PA 17110 ?UUC ) Counsel Type Opposing Counsel _of intent.asp?save_report_to_db=X&PLid=PL3208... 5/14/2009 SUBPOENA NOTICE OF INTENT Page 3 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Adrianne Talhelm Court of Common Pleas vs. Donald S. Kitchen, Jr. 08-2679 Request For Records Copies Related To Subpoena Document Request Provider: Copy Sets Requested: PA Workers Compensation Bureau Please retur this completed form to Litigation Solutions, LLC. Please be advised that Litigation Solutions, LLC requires prepayment for all requested records above. Therefore, once the requested records are obtained an invoice for prepayment will be generated and sent directly to your attention. This prepayment includes a $5.00 administrative fee. Once payment has been received the records will be promptly forwarded to your attention. If you should happen to have any questions or concerns regarding this matter, please don't hesitate to contact Alexi Jenner at 412.253.1156 or fax at 412.253.1172. Date of Issue: 5/14/2009 http://rats.litsol.c in/ratsevents/notice_of intent. asp?save_report_to_db=X&PLid=PL3208... 5/14/2009 Adrianne Tajhelm vs. Donald S. Kitchen, Jr. COMMONWEALTH OF PENNSYLVAMA COUNTY Or CTU-2vMERL 2N-D 08-2679 Fie No. SUBPOENA TO PRODUCE DOCIT.IVTNTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: P Workers Compensation Bureau (Name of Person or Entity) W thin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following d currents or things: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, to ether with the certificate of compliance, to the party making this request at the address listed above. You ave the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If yo fail to produce the documents or things required by this subpoena within twenty (20) days after.its servic , the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBP ENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Candace Edgar,' Esquire ADDRESS: er ing ar way, Suite 306 Mechan cs urg , TELEPHONE: ( 1 ) - SUPREME CO T ID T7T- ATTORNEY F R: D :4COURT: no ivis' n Date: l Seal o t e ourt Deputy SUBPOENA ME)ER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAL OF RECORDS FOR: PA Workers Compensation Bureau 1171 S. Cameron Street Room 103 Harrisburg PA 171.04 Attention: Workers Compensation Records Subject: Talhelm, Adrianne SS#: 4976 Date of Birth: 10/ /1969 Requested Item Complete copy of Review reports, It Wages, claims & G httpl/rats.litsol Page 1 of 1 L-he entire WC File for ALL DOL: (10/6/1969 to Present), including medical bills & records, Utilization IE reports, Notice of Occupational Injury, Notices of Compensation Payablel Denied, Statements of ayment logs, etc. is/subpoena rider.asp?PLid=PL320830&WRid=WR38369 5/14/2009 J • , Matthew S. Cro sby, Esq. I. D.#69367 HANDLER, H NNING & ROSENBERG, LLP 1300 Linglesto Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby @?hhrlaw.com Attorneys for Plaintiff ADRIANNI ? TALHELM, Plaintiff V. DONALD S KITCHEN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2679 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby ce Donald S. I' D. Rauch, E Parkway, S in Harrisbur that a true and correct copy of the foregoing was served on Defendant, hen, Jr., by sending a copy of the same to his counsel of record, Kevin ., Summers, McDonnell, Hudock, Guthrie & Skeel, LLP, 100 Sterling 306, Mechanicsburg, PA 17050, by United States Mail, regular service, g, Pennsylvania on May 19, 2009. HAN R, NNING & ROENBERG, LLP Matthew S. Crosby, Esq. Attorneys for Plaintiff ?.?+ _ _ r`... .. 201 ~ .,~v~. G.3 ~M 3; ~~} C' ,_" i~~`Jir _ ,,q~,. P ~I ! +J l ,.V y. F:\WP DirectorieslSTM1MVA\2_Misc\TalhelmlTalhelm Admissions_v2.wpd Matthew S. Crosby, Esquire I.D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: crosbyCD_hhrlaw.com ADRIANNE TALHELM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• NO. 08-2679 CIVIL DONALD S. KITCHEN, JR., CIVIL ACTION -LAW Defendant PLAINTIFF'S REQUEST FOR ADMISSIONS AND ACCOMPANYING INTERROGATORY DIRECTED TO DEFENDANT DONALD S. KITCHEN JR. To: Donald S. Kitchen, Jr. c/o Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 AND NOW comes the Plaintiff, Adrianne Talhelm, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and requests that Defendant, Donald S. Kitchen, Jr., either admit or deny the following Requests for Admissions and accompanying Interrogatory in conformitywith Pa. R.C.P. 4014 and 4005. INSTRUCTIONS Pursuant to the mandates of Pa. R.C.P. No. 4014, responses to these Requests for Admissions and accompanying Interrogatory must be provided within thirty (30) days of the date of service hereof or they will be deemed admitted. If an objection is made, the reasons for the objection must be stated. Answers shall admit or deny the matter or set forth in detail the reasons why you cannot truthfully do so. You may not give lack of information or knowledge as a reason for failure to admit or deny unless you have conducted a reasonable inquiry and the information known or readily obtainable is insufficient to enable you to admit or deny the Requests for Admissions. If the Court determines that an answer does not comply with the requirements of the Pennsylvania Rules of Civil Procedure, it may order that the request be admitted. In addition, pursuant to Pa. R.C.P. No. 4005, Plaintiff hereby requests that Defendant answers, under oath, the accompanying lnterrogatory. 1. These Requests forAdmissions and accompanying Interrogatory are directed to the Defendant, Donald S. Kitchen, Jr., and unless privilege is claimed, each and every attorney and/or representative, past and present, of Defendant, Donald S. Kitchen, Jr.. As used herein, "Defendant," "you," and "your," means the Defendant to which these Requests for Admissions and accompanying Interrogatory are addressed, and each and every attorney and/or representative, past and present, of Defendant, Donald S. Kitchen, Jr. 2. These Requests for Admissions and accompanying interrogatory encompass all information, documents and records that are in the possession, control, or custody of Defendant, Donald S. Kitchen, Jr., or any of its attorneys. 3. If any objections are made to any Requests for Admissions or to the accompanying Interrogatory, the reasons therefor shall be stated. 4. If there is any claim of privilege relating to any request to admit, or interrogatory, you shall set forth fully the basis for the claim of privilege, including the facts upon which you rely to support the claim of privilege in sufficient detail to permit the court to rule on the propriety of the privilege. 5. If your response to any request is not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission is requested, you should specify so much of it as true and qualify or deny the remainder. 7. You may not give lack of information or knowledge as a reason for failure to admit or deny, unless you state that you have made reasonable inquiry and that the information known to you or readily obtainable by you is insufficient to enable you to admit or deny. 8. These Requests for Admissions and accompanying Interrogatory are continuous in nature and must be supplemented promptly if Defendant obtains or learns further or different information between the date of the response and the time of the trial by which Defendant knows that a previous response was incorrect when made, or though correct when made, is now no longer true. 9. These Requests seek the admission of the genuineness of various documents and/or statements. In some cases, there maybe identifying words and marks that were affixed during the accumulation and copying of the documents for discovery and are thus not to be considered part of the document itself, except for purposes of referencing the document. These Requests do not seek Defendant's admission regarding the accuracy and genuineness of those marks, but only of the document on which those marks have been placed. DEFINITIONS 1. All verbs are intended to include all tenses. 2. References to the singular are intended to include the plural and vice versa. 3. "Any" as well as "all" shall be construed to mean "each and every." 4. "And" as well as "or" shall be construed disjunctively as well as conjunctively, as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 5. "Refer to" or "relate to" means constituting, defining, describing, discussing, involving, concerning, containing, embodying, reflecting, identifying, stating, analyzing, mentioning, responding to, referring to, dealing with, commenting upon, or in any way pertaining to. YOU ARE HEREBY REQUESTED TO ADMIT, FOR PURPOSES OF THIS ACTION ONLY, PURSUANT TO Pa. R.C.P. RULE 4014: 1. On May 4, 2006, the van I was driving struck the rear of the car Plaintiff, Adrianne Talhelm, was driving. 2. The collision occurred on May 4, 2006, at or about 7:40 a.m. 3. The collision occurred on SR 11 /Ritner Highway near its intersection with treason Road in West Pennsboro Township, Cumberland County, Pennsylvania. 4. At the time of the collision, I was traveling northbound on SR 11 /Ritner Highway. 5. At the time of the collision, Plaintiff, Adrianne Talhelm, had stopped her vehicle. 6. When the collision occurred, it was daylight, the road was dry, and there were no adverse weather conditions. 7. At the time of the collision, there were no obstructions to my vision of what was in front of me on SR11 /Ritner Highway 8. My vehicle left skid marks for approximately seventy-five (75) feet before striking Plaintiffs vehicle. 9. After striking Plaintiffs vehicle, 1 fled the scene of the collision. I was later apprehended by the Pennsylvania State Police approximately five (5) miles from the scene of collision where my vehicle had broken down as a result of damages sustained in the collision. 10. At the time of the collision, I was driving my car while under the influence of alcohol. 11. At the time of the collision, I was operating my vehicle while my blood alcohol content was above 0.08%. 12. At the time of the collision, due to my consumption of alcohol, I was not in a condition to safely operate a motor vehicle. 13. On May 4, 2006, following the collision, I submitted to a blood alcohol test. 14. On May 4, 2006, following the collision, my BAC test result was 0.175. 15. Prior to the collision, on May 4, 2006, between approximately 5:00 a.m. and 5:30 a.m., I mixed and consumed a twenty (20) ounce glass of vodka and orange juice or soda. 16. Before the crash that morning, I mixed and consumed two twenty (20) ounce glasses of vodka and orange juice or soda. 17. At the time of my apprehension by the Pennsylvania State Police, I had an odor of alcohol emanating from my person, my eyes were bloodshot and glassy, and my speech was slurred. 18. As a result of the collision, I was charged with driving under the influence of alcohol, in violation of 75 Pa. C.S.A. 3802(a)(1), and driving under the influence of alcohol at the highest rate of alcohol, in violation of 75 Pa. C.S.A. 3802(c). 19. On February 23, 2007, I was accepted into an ARD program. 20. The aforementioned collision occurred as a result of my negligence and/or carelessness in the operation of my vehicle while under the influence of alcohol. INTERROGATORY 1. Plaintiff hereby requests that for each Request for Admission set forth above which you deny, in whole or in part, state: a. all facts, information and matters, including relevant dates, times and places, upon which your denial is based; b. any statutory, regulatory provision(s) or other legal basis upon which your denial is based; c. the identity by name, address, phone number, and employment title of all persons with information or matters upon which your denial is based; d. a summary of the information or knowledge possessed by each such person; and e. the identity and description of all documents that refer or relate to the facts, information and matters upon which your denial is based. Respectfully Submitted: HAND , HENNING & ROSENBERG, LLP Date: B Matth w S. Crosby, Esq. Attorneys for Defendant Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax: (717) 233-3029 E-mail: CrosbvCilhhrlaw.com ADRIANNE TALHELM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.08- 2679 CIVIL CIVIL ACTION -LAW DONALD S. KITCHEN, JR., Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiff s Request for Admissions and Accompanying Interrogatory Directed to Defendant, Donald S. Kitchen, Jr. were served on the Defendant by sending copies of the same to the Defendant's counsel of record: Kevin D. Rauch, Esq. Summers, McDonneN, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Suite 300 Lemoyne, PA 17043 by United States Certified mail in Harrisburg, Pennsylvania on July ~, 2010. HAN HENNING & ROSENBERG, LLP Y ew S Crosby, Esq. t-'! f_'. " r_ TN's . ';~' L11~~ vC~_ GJ Iii It~ G ! ~, , ~..'v~i~ ~ .. __ _~~ ~ 'v~=' „'t Matthew S. Crosby Attorney ID# 69367 HANDLER, HENNING 8~ ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Crosby a~hhrlaw.com ADRIANNE TALHELM, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 2008-2679 CIVIL ACTION -LAW DONALD S. KITCHEN, Jr., Defendant CERTIFICATE OF SERVICE On July 22, 2010, I hereby certify that a true and correct copy of Plaintiff's Answers to Defendant's Supplement Interrogatories, was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 ~ ROSENBERG, LLP Dated: 7/22/10 atthew S. ~` Y~.,. ;~ a' i , ~ ~,t~`~ Z~I~ JJ~ Z~ ;~- IC~~ ra j Matthew S. Crosby Attorney ID# 69367 HANDLER, HENNING 8 ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Crosby hhrlaw.com ADRIANNE TALHELM, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2008-2679 CIVIL ACTION -LAW DONALD S. KITCHEN, Jr., Defendant CERTIFICATE OF SERVICE On July 22, 2010, I hereby certify that a true and correct copy of Plaintiff's Second Set of Interrogatories to Defendant, was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Dated: 7/22/10 AN ER, HENNING 8~ ROSENBERG, LLP Matthe S. Crosby " T. . o; L E =1, #3i a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIANNE TALHELM, CIVIL DIVISION Plaintiff, V. NO. 08-2679 DONALD S. KITCHEN, JR., (Jury Trial Demanded) Defendant. PRAECIPE TO SETTLE AND DISCONTINUE TO: Prothonotary Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, HANDLER, HENNING & ROSENBERG, L.L.P. By: atthew S. Crosby, Esquire Counsel for Plaintiff