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HomeMy WebLinkAbout08-6197v COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 ATTORNEYS FOR PLAINTIFF LAURA H. BEHNKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. ®? - 0/977 JOHN R. THOMAS, Defendant : CIVIL ACTION - LAW Jury Trial Demanded NOTICE TO DEFEND 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 ELIBIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 ATTORNEYS FOR PLAINTIFF LAURA H. BEHNKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. Or- V? ? 9 ? L ? ? ? tetnti JOHN R. THOMAS, Defendant : CIVIL ACTION - LAW : Jury Trial Demanded COMPLAINT AND NOW COMES the Plaintiff, Laura H. Behnke, by and through her attorneys, Coyne & Coyne, P.C., and avers the following in support of the within Complaint. 1. Plaintiff, Laura H. Behnke, is an adult individual residing at 1906 Green Street, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, John R. Thomas, is an adult individual residing at 613 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. On January 21, 2008, Plaintiff was traveling in a southerly direction from the off ramp of Interstate 581 and heading across Route 11 (Carlisle Pike) in Hampden Township, Cumberland County, Pennsylvania, driving a 2002 Ford Taurus Sedan SEL. 2 4. Plaintiff had a steady green traffic signal to proceed through the intersection. 5. At the same time, the Defendant was operating a 1995 Ford F150 Truck traveling in a northeasterly direction on Route 11 (Carlisle Pike) in Hampden Township, Cumberland County, Pennsylvania. 6. Defendant had a steady red traffic signal to stop at the intersection and other lanes of traffic were stopped for the steady red lights. 7. Defendant failed to stop his vehicle for a steady red traffic signal at the intersection of Route 581 and Route 11 and collided broadside with the Plaintiff's vehicle which was properly proceeding through the said intersection. 8. Defendant's vehicle violently collided with the right side of Plaintiff's occupied vehicle and pushing it with such force as to turn it perpendicular to the original direction of travel for the vehicle. 9. As a result of the violent collision, Plaintiff's vehicle was mangled and destroyed beyond repair and was totally inoperable and had to be removed by wrecker from the collision site. COUNT I: 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. As a result of the collision, Plaintiff was thrown violently against the interior of the vehicle and sustained serious injuries to her body, causing a serious impairment of a body function or functions, which injuries include but are not limited to severe strain to the cervical and lumbar vertebrae and contiguous soft tissue, back pain and nerve shock, hip, pelvic and leg pain, concussion, headache, blurred vision, dizziness, decreased mobility and facial cuts. 12. As a result of the collision, Plaintiff was given emergency medical assistance at the scene and transported, using a spine-board and neck brace, to Holy Spirit Hospital for emergency medical treatment. 3 13. As a result of the collision, Plaintiff was treated at the hospital for serious injuries to her bodily functions in the nature of pain in her head, neck, shoulder, back, abdomen, pelvis, hip and leg. 14. As a result of the collision, Plaintiff underwent tests at the hospital which included but were not limited to X-Rays of her neck and back areas and Plaintiff underwent additional tests and treatments to include, but not limited to, x-rays, MRIs, and spinal injections. 15. The Plaintiff, Laura H. Behnke, is entitled to pursue her claim for noneconomic damages as if she had elected the full tort alternative because she sustained a "serious injury" causing a serious impairment of a body function or functions, which injuries include but are not limited to the following: 16. As a result of the collision, Plaintiff suffered serious injuries to her body in the nature of pain in her back; jarring to her abdomen and back; stiffness and pain in her neck, back and hips; double- vision, and mental anguish. 17. As a direct and proximate result of the collision and Defendant's negligent conduct, Plaintiff has suffered, and will suffer in the future, serious impairment of bodily functions, pain, agony, anxiety and inconvenience. 18. Additionally, the Plaintiff was rendered sick, sore, and disoriented, and was made to undergo future serious impairment of her bodily functions, pain and suffering and diminution of her ability to enjoy life's pleasures and mental anguish and physical pain from which she suffered; still suffers and will continue to suffer for an indefinite time in the future. 19. In order to treat and attempt to remedy the aforesaid injuries, Plaintiff has expended various sums of money for medicine and medical care, and therapy and she will be required to expend additional sums of money for the same purpose in the future. 20. As a result of Defendant's negligent conduct, Plaintiff was unable to fully engage in and enjoy the active and physical activities as she had enjoyed and engaged in prior to collision caused by Defendant's negligence and will continue so in the future. 4 21. As a result of Defendant's negligence, Plaintiff was unable to work for a period of time and was required to seek medical treatment. 22. As a result of the Defendant's negligence, Plaintiff was and continues to be unable to work full time at her profession as a physical fitness trainer. 23. As a result of the collision, Plaintiff sustained significant damage to her vehicle. 24. At the time of the accident, the negligence of the Defendant consisted of the following: a. Operating his motor vehicle in a careless, reckless, and negligent manner; b. Operating his motor vehicle at an excessive rate of speed under the circumstances; C. Not having his motor vehicle under the proper control so as to stop said vehicle at the traffic light which was steady and red for his lane of travel; d. Operating his motor vehicle without due regard to the rights, safety, and position of Plaintiff; e. Failing to have his motor vehicle under the proper control so as to prevent this motor vehicle from striking Plaintiff's motor vehicle; f. Failing to keep a proper lookout for Plaintiff's motor vehicle; g. Failing to use due care under the circumstances; h. Failing to take evasive action in order to avoid impacting with Plaintiff's motor vehicle; i. Operating his motor vehicle in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code, 75 Pa. Cons. Stat. §§ 3361; and j. Such other acts or omissions as may be revealed in the course of discovery; or at the trial of this case. 5 WHEREFORE, Plaintiff, Laura H. Behnke, respectfully requests that this Honorable Court find in her favor and against Defendant, John R. Thomas in an amount in excess of the amount for mandatory arbitration in this jurisdiction, plus interest and docket costs. Dated: 6 8 Respectfully submitted: COYNE & COYNE, P.C. By: isa Marie Coyne, squire Pa. Supreme Cit. N . 53788 3901 Market St. Camp Hill, PA 17011 (717) 737-0464 Attorneys for Plaintiff VERIFICATION I, Laura H. Behnke, certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief and that this verification is subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date _ b log ?a-4-?? Laura H. Behnke rn IdN ILV ' X- ; '11 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06197 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEHNKE LAURA H VS THOMAS JOHN R RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMAS JOHN R the DEFENDANT , at 1633:00 HOURS, on the 20th day of October , 2008 at 613 SILVER SPRING ROAD MECHANICSBURG, PA 17050 by handing to JOHN R THOMAS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge /0/1-)or q.-- So Answers: 18.00 10.00 .59 10.00 R. Thomas Kline * 00 38.59 10/23/2008 COYNE & COYNE Sworn and Subscibed to before me this of By : ,- day Deputy Sheriff A.D. COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 ATTORNEYS FOR PLAINTIFF LAURA H. BEHNKE, Plaintiff VS. JOHN R. THOMAS, Defendant TO: JOHN R. THOMAS DATE OF NOTICE: November 13, 2008 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6197 : CIVIL ACTION - LAW : Jury Trial Demanded IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 NOT FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully, Date: ? 1 .- I's-08 COYNE & COYNE, P.C. By: Lis Marie oyne P Supreme Ct. No. 53 8 01 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Praecipe for Entry of Non Pros was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: John R. Thomas 613 Silver Spring Road, Mechanicsburg, Pennsylvania 17050 Date: ? x-13 -O$ ----"'-" Li a Marie Coyne, sq. C- CEO `' ' i_ d.. cJ7-,.. . ww 'mot ' cl, .s L { c John Flounlacker. Esquire THOMAS, THOMAS & HAFER. LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7100 Attorneys for Defendant. John R. Thomas LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6197 : CIVIL ACTION -LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John Flounlacker, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, John R. Thomas, in the above-captioned case. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Jo Flounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 Date: (717)237-7100 r CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP Dated: ?Imie L. Kawalec rv f: t °... 77 r "". ^ f 1 i w r THOMAS, THOMAS & HAFEF, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6197 CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION OF APPEARANCE TO THE PROTHONOTARY: Please substitute the appearance of C. Kent Price, Esquire, for that of John Flounlacker, Esquire as counsel on behalf of Defendant John R. Thomas in the above-captioned matter. THOMAS, THOMAS, & HAFER, LLP Dated: I I 1 QO I 200 8 C. Kent Price, Esquire Attorney I.D. No. 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 CERTIFICATE OF SERVICE AND NOW, this 2& day of November, 2008, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Praecipe for Substitution of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP C?-14c' 7D) C. Kent Price, Esquire c? ? C7 -t??` r, , ?.;? '?: C 7 f r- -. _,,,?? ? ??y ' ?T ?:w M ?: ?. ?. +• e_l ^^G' r`J C? s ^C John Flounlacker, Esquire THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7100 Attorneys for Defendant, John R. Thomas LAURA H. BEHNKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6197 JOHN R. THOMAS, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED STIPULATION It is hereby stipulated and agreed, by and between the counsel indicated below, as authorized by their respective clients, that paragraph 240) containing the language "such other acts or omissions as may be revealed in the course of discovery; or at the trial of this case" is deleted, the Plaintiffs Complaint is hereby amended by this stipulation to delete the boilerplate allegations of paragraph 240): that therefore, Plaintiff need not file an amended complaint: and that, therefore, Defendants and the Court shall treat the Plaintiffs' Complaint as having been originally filed without paragraph 240). Isa arie Coyne, Esquire ne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Counsel for Plaintiff i t1` ?n,a Jo Flounlacker, Esquire 1 Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6`'' Flr. P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Defendant CERTIFICATE OF SERVICE I, Vicki E. Steck, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP Vicki E. Steck Dated: I ? All cs c'> *?, C ""? '`.4 G? ? } t ?"' ??' l ? ?.t? il'$ . ?? ?> 7 _. -f f` Fa ^"? C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant TO: Laura H. Behnke c/o Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Attorneys for Defendant John R. Thomas IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6197 CIVIL ACTION -LAW : JURY TRIAL DEMANDED NOTICE YOU ARE HEREBY notified to plead to the enclosed New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP ?L C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANT DATED: L I I a. A [act) t C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kpiice@tthlaw.com LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant Attorneys for Defendant John R. Thomas IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6197 CIVIL ACTION -LAW : JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER 1. Admitted in part, denied in part. It is admitted that the Plaintiff is an adult individual. The remaining allegation is denied. To the contrary, the last address of the Plaintiff known to the Defendant is 754 Allen View Drive, Mechanicsburg, Pennsylvania. 2. Admitted. 3. Admitted upon information and belief. 4. Denied. After reasonable investigation, Defendant is without information or knowledge as to the truth of the allegation. 5. Admitted. 6. Denied. To the contrary, Defendant reasonably believes that the traffic signal controlling his lane of travel at the intersection was green at the time he entered the intersection. 7. Admitted in part, denied in part. It is denied that Defendant failed to stop his vehicle for a steady red light at the intersection. To the contrary, Defendant reasonably believes that the traffic signal controlling his lane of travel at the intersection was green at the time he entered the intersection. It is admitted that Defendant's vehicle struck the Plaintiff s vehicle on its right side. The allegation that Plaintiff s vehicle was properly proceeding through the intersection at the 2 time of the accident is a conclusion of law and/or fact to which no answer is required. To the extent that an answer is required, said allegation is denied on the basis that, after reasonable investigation, Defendant is without information or knowledge as to the truth of the allegation. 8. Admitted in part, denied in part. It is admitted that Defendant's vehicle struck the right side of Plaintiff s vehicle. The remaining allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, such allegations are denied in accordance with Pa.R.C.P. 1029(e). 9. Admitted in part, denied in part. It is admitted that Plaintiffs vehicle was removed from the accident site by a wrecker. The remaining allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, such allegations are denied in accordance with Pa.R.C.P. 1029(e). COUNTI 10. The answers set forth above in paragraphs 1 through 9 are incorporated herein by reference. 11. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to determine the truth thereof. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 12. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to determine the truth thereof. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 3 13. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to determine the truth thereof. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 14. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to determine the truth thereof. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 15. Denied. The allegations are conclusions of law and/or fact to which no answer is required. 16. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to determine the truth thereof. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 17. Denied. The allegations as to negligence are conclusions of law and/or fact to which no answer is required. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to determine the truth thereof. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 18. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to determine the truth thereof By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 4 19. Denied. The allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to determine the truth thereof. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 20. Denied. The allegations as to negligence are conclusions of law and/or fact to which no answer is required. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to determine the truth thereof. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 21. Denied. The allegations as to negligence are conclusions of law and/or fact to which no answer is required. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to determine the truth thereof. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 22. Denied. The allegations as to negligence are conclusions of law and/or fact to which no answer is required. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendant is without knowledge or information sufficient to determine the truth thereof. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 23. Denied. The allegations are denied in accordance with Pa.R.C.P. 1029(e). 24. Denied. The allegations as to negligence, including those contained within subparagraphs (a.) through (i.), are conclusions of law and/or fact to which no answer is required. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 5 1029(e). The allegations contained within subparagraph 0.) have been formally withdraw in accordance with a filed stipulation of counsel. WHEREFORE, Defendant John R. Thomas requests judgment in his favor and against Plaintiff. NEW MATTER 25. Plaintiff's claims may be barred or limited in accordance with the doctrine of Comparative Negligence. 26. Plaintiff's claims may be barred or limited in accordance with provisions of the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1701 et seq. 27. Plaintiff may have failed to mitigate some or all of her damages. 28. Some or all of Plaintiff's alleged injuries and damages may be due to pre-existing conditions. 29. Plaintiff's injuries may not constitute "serious injury". 30. Plaintiff may not be entitled to recover damages for "non-economic loss". WHEREFORE, Defendant John R. Thomas requests judgment in his favor and against Plaintiff. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com ATTORNEYS FOR DEFENDANT JOHN R. THOMAS 644333.1 6 VERIFICATION I, C. Kent Price, state that I am attorney for Defendant that I make this Verification on behalf of Defendant and that I am familiar with the facts and allegations set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is true and correct to the best of my knowledge, information and belief. This verification and statement is made pursuant to 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. C. Kent Price, Esquire DATE: I I f a, 1 02OO e) 7 CERTIFICATE OF SERVICE AND NOW, this 21st day of November, 2008, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Answer with New Matter by facsimile and by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: 717-737-5161 Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 8 ? .a "Ti C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant Attorneys for Defendant John R. Thomas IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6197 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached verification for the attorney verification that was attached to the Answer filed on November 25, 2008. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANT VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to authorities. J 1. Thomas 645475.1 CERTIFICATE OF SERVICE AND NOW, this 1St day of December, 2008, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Praecipe to Substitute Verification by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 2 ?_, ?:-'; ?w r. ,; f COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 ATTORNEYS FOR PLAINTIFF LAURA H. BEHNKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-6197 JOHN R. THOMAS, Defendant : CIVIL ACTION - LAW : Jury Trial Demanded REPLY TO NEW MATTER TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES the PLAINTIFF, LAURA H. BEHNKE, by and through her attorneys, COYNE & COYNE, P.C., files the following averments in support of the Reply to New Matter: 25. Denied. The averments contained in Paragraph 25 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied as this collision was caused solely by the Defendant's negligence when the Defendant failed to safely operate or control his vehicle by proceeding through a steady red traffic signal and Defendant's vehicle violently collided with the right side of Plaintiff s vehicle causing violent impact and damage to Plaintiffs vehicle and resulting in Plaintiff's vehicle being classified as a "total loss" and Plaintiff sustaining serious and continuing bodily injury and pain and suffering and will continue to in the future as identified, supra, in the complaint filed in this matter. 1 26. Denied. The averments contained in Paragraph 26 are conclusions of law and fact to which no response is required. If response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 26 the same are therefore denied and strict proof demanded at the time of trial. Furthermore, the Plaintiff is entitled to pursue her claim for noneconomic damages as if she had elected the full tort alternative because she sustained a "serious injury" causing a serious impairment of a body function or functions as previously stated in Plaintiff's Complaint. 27. Denied. This is a legal argument and conclusion to which no response is required. If a response is deemed to be required, the averments contained in Paragraph 27 are specifically denied. Plaintiff took all reasonable means to mitigate the damages caused by the negligent conduct of the Defendant and the Plaintiff pursued medical treatment to address her medical care and treatment necessitated by the negligent conduct of the Defendant. 28. Denied. This is a legal argument and conclusion to which no response is required. If a response is deemed to be required, the averments contained in Paragraph 28 are specifically denied. Moreover, it is specifically denied that Plaintiff's injuries and damages may be due to pre-existing conditions with specific proof of same demanded at trial. 29. Denied. This is a legal argument and conclusion to which no response is required. If a response is deemed to be required, the averments contained in Paragraph 29 are specifically denied. Furthermore, the Plaintiff's injuries do constitute serious injury as averred in paragraphs 11-22 of the Complaint which cause a serious impairment of bodily function or functions as previously stated by Plaintiff's Complaint. 2 30. Denied. This is a legal argument and conclusion to which no response is required. If a response is deemed to be required, the averments contained in Paragraph 30 are specifically denied. Furthermore, the Plaintiff is entitled to pursue her claim for noneconomic damages as if she had elected the full tort alternative because she sustained a "serious injury" causing a serious impairment of a body function or functions as previously stated in Plaintiff's Complaint which continue to date and will continue in the future.. WHEREFORE, Plaintiff, Laura H. Behnke, respectfully requests that Defendant's New Matter be dismissed with prejudice and judgment entered in favor of the Plaintiff. Dated: Respectfully submitted: COYNE & COYNE, P.C. By: 1. wv", 0 -, a Marie Coyne a. Supreme Ct. No. 488 3901 Market St. Camp Hill, PA 17011 (717) 737-0464 Attorneys for Plaintiff VERIFICATION I, Laura H. Behnke, certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief and that this verification is subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date / Z//046k ?`?a.c?c-a LE A Laura H. Behnke PROOF OF SERVICE I, Lisa Marie Coyne, Esquire, do hereby certify that I have this date served an original of the foregoing Reply to New Matter on the following individual, by depositing the same in the United States mail, postage prepaid and addressed to the following: C. Kent Price, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6ch Floor P.O. Box 999 Harrisburg, PA 17108-0999 Date: l? /)dc- or Li a o e 4 C1 ?a LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. _&'J-0/17 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVE A 'SUBPOENA PURSUANT TO RULE 4009.22 As a Prerequisite to service of a Subpoena for Documents and Things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed to each party at least twenty (20) days prior to the date on which the Subpoena is sought to be served. 2. A copy of the Notice of Intent including the proposed Subpoena is attached to this Certificate. No objection to the Subpoena has been received. 4. The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7632 Date: 650210.1 I LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-SU-01358-01 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVER' PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP Date: II ?20/v By:__ C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorney for Defendant 644467.1 S Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6197 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Travelers Insurance Company, P.O. Box 13485, Reading, PA 19612-3485. (Name of Person or Entity) LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the first-party claim file, without limitation, regarding LAURA H. BEHNKE, Policy Number: 9813114391011, arising out of an accident on or about January 21, 2008, including, but not limited to: application for benefits, physician's statements, wage verifications, policy declarations page(s) showing coverages and tort option election, summaries of payments made, medical records and reports, bills, Peer Review reports, IME reports and correspondences. THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P.O. Box 999 Harrisburg, PA 17108 TELEPHONE (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 644445.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the lain firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Lisa Marie Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal C. Kent Price Date: t+1 ZC' 10 S 644467.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Lisa Marie Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal o C. Kent Price Date: a) ta1og 650210.1 ?? r-? - =fi `- ?' .a ('rl °' ' ;'? ?:"" o c ? 7 y " 4 c _?-i, j Tl ?) ;,m _._.. __a ,?;- LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2001-SU-01358-01 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant 1 0 U03 CERTIFICATE PREREQUISITE TO SERVE A SUBPOENA PURSUANT TO RULE 400912 As a Prerequisite to service of a Subpoena for Documents and Things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed to each party at least twenty (20) days prior to the date on which the Subpoena is sought to be served. 2. A copy of the Notice of Intent including the proposed Subpoena is attached to this Certificate. 3. No objection to the Subpoena has been received. 4. The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7632 Date: va?/C,-rig 650210.2 LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-SU-01358-01 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP Date: Old 7 '310 1 By: C C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorney for Defendant 644467.2 LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-SU-01358-01 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Kayal Orthopedic Center, 385 S. Maple Avenue, Suite 206, Ridgewood, NJ 07450. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05/12/1984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies, diagnostic test results and reports, without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 Prothonotary/Clerk, Civil Division SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Deputy DATE: Seal of the.Court 661566.1 LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-SU-01358-01 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Penn State University Physicians Group, 845 Fishburn Road, Hershey, PA 17033. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05/12/1984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies, diagnostic test results and reports, without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 661566.2 LAURA H. BEHNKE, Plaintiff v. JOHN R. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-S U-01358-01 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Holy Spirit Hospital, 503 N. 21 st Street, Camp Hill, PA 17011. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05/12/1984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies, diagnostic test results and reports, without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 Prothonotary/Clerk, Civil Division SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Deputy DATE: Seal of the Court 661566.3 LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05/12/1984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies, diagnostic test results and reports, without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 Prothonotary/Clerk, Civil Division SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Deputy DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-SU-01358-01 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Hershey Medical Center, 500 University Drive, Hershey, PA 17033. Seal of the Court 661566.4 LAURA H. BEHNKE, Plaintiff v. JOHN R. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-SU-01358-01 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Central PA MRI Center, 4665 Trindie Road, Mechanicsburg, PA 17050-3640. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05/1211984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies; diagnostic test results and reports, without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 Prothonotary/Clerk, Civil Division SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant DATE: Seal of the Court Deputy 661566.5 LAURA H. BEHNKE, Plaintiff v. JOHN R. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-SU-01358-01 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Conforti Physical Therapy, 920 Century Drive, Mechanicsburg, PA 17055. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05/12/1984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies, diagnostic test results and reports, without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court 661566.6 LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-SU-01358-01 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Physical Medicine and Rehabilitation Center, 500 Grand Avenue, Suite 1, Englewood, NJ 07631. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05/12/1984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MR[ films/images or other diagnostic studies, diagnostic test results and reports, without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 Prothonotary/Clerk, Civil Division SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Deputy DATE: Seal of the Court 661566.7 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Lisa Marie Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal o C. Kent Price Date: ?2/ 644467.2 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Lisa Marie Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Parale al to C. Kent Price Date: 2 / / qu'\ 650210.2 a r=`? [,wt COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 ATTORNEYS FOR PLAINTIFF LAURA H. BEHNKE, : IN THE COURT OF COMMON' PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-6197 JOHN R. THOMAS, Defendant : CIVIL ACTION - LAW Jury Trial Demanded MOTION TO COMPEL DISCOVERY TO THE HONORABLE JUDGES OF SAID COURT: AND NOW COMES the Plaintiff, Laura H. Behnke, by and through her attorney, Lisa Marie Coyne, Esquire, and moves this Honorable Court to grant her Motion to Compel Discovery and, in support thereof, respectfully represents the following: 1. On or about December 8, 2008, the Plaintiff's Counsel served Pl'aintiff's First Set of Interrogatories on Defendant's Counsel. 2. No objections or protective orders where sought by Defendant concerning the discovery propounded upon Defendant. 3. Response to Plaintiff's First Set of Interrogatories was due on or before January 7, 2009. 4. On February 9, 2009, Plaintiff's Counsel sent a letter to Defendant's Counsel that the response to the Discovery request was overdue and requested opposing counsel to provide the responses by February 18, 2009. (Exhibit A). 4. On February 18, 2009, Plaintiff received the Defendant's response to Request for Production of Documents; however, the Answers to Plaintiff's First Set of Interrogatories were not forthcoming. 5. On February 26, March 2 and, again, on March 4, 2009, Plaintiffs Counsel sent emails to Defendant's Counsel requesting that he comply with the Discovery Request and advising that the response was overdue, that the extension to February 18, 2009 was unmet and that Plaintiff would be filing the within Motion to Compel. 5. As of the date of this Motion, Defendant has not answered the Interrogatories propounded upon him on December 8, 2008. 6. Without the required discovery materials, Plaintiff cannot adequately prepare for trial. 7. Plaintiff through counsel has attempted to resolve the discovery dispute short of filing this motion and the associated expenses caused to Plaintiff due to the Defendant's failure to comply with the discovery requests and the various extensions provided to Defendant. 9. The undersigned counsel has unsuccessfully attempted to confer with opposing counsel to determine when discovery would be answered; however, opposing counsel has not provided any firm guidance or assurance that the discovery would be answered and therefore, in accordance with the local rules of this court, it is believed that that opposing counsel opposes the relief sought in this motion. 10. No judge has previously been assigned to this case. WHEREFORE, for all of the foregoing reasons, the Plaintiff respectfully requests that this Honorable Court order the Defendant and Defendant's Counsel to (1) immediately provide the discovery materials requested in Plaintiffs discovery request and (2) to award Plaintiff reasonable attorney fees incurred by Plaintiff in pursuing this Motion to Compel and which would not have been incurred if Defendant had complied with the reasonable discovery requests, and (3) all other relief deemed appropriate by this Honorable Court. Dated: 3 D Respectfully submitted: COYNE & COYNE, P.C. By: AIA" Lis Marie Coyne, quire S. Ct. No. 53788 John W. Carter, Esquire Pa. S. Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff COYNE & COYNE, P. C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne 3901 Market Street (717) 737-0464 Lisa Marie Coyne Camp Hill, Pennsylvania Facsimile (717) 737-5161 John W. Carter 17011-4227 www.coyneandcoyne.com February 9, 2b09 Kent Price, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6 b Flr. P.O. Box 999 Harrisburg, PA 17108-0999 Re: Behnke v. Thomas Dear Mr. Price: Enclosed please find Plaintiff's Answers to Defendant's Interrogatories as well as Response to your Request for Production of Documents. When might we expect to receive Defendant's Answers to Interrogatories as well as Reply to Document Request? They were due the beginning of January, 2009. I look forward to receiving the Defendant's answers to interrogatories and document responses by February 18, 2009, if not sooner. If there is some reason you cannot comply with this suspension date, please let me know. Otherwise, I will expect to receive the discovery material by that time. Thank you in advance for your consideration and cooperation in this matter. 4 J• Very truly yours, LMC/jwc Encls. Cc: Ms. Laura Behnke, w/encls. COYNE &COYNE, P.C. L* a Marie Coyne tr4r7- f ?? 1 l Message • John Carter From: Lisa Coyne Sent: Wednesday, March 04, 2009 9:08 AM To: 'Price, C. Kent' Subject: Behnke V. Thomas Kent: Page 1 of 2 You have not provided a date certain for discover answers. I will be forced to file Motion to Compel if I do not receive the discovery by Friday, March 6, 2009. t do not understand the reason for the two month delay. lisa From: Lisa Coyne Sent: Monday, March 02, 2009 4:22 PM To: 'Price, C. Kent' Subject: RE: Behnke V. Thomas When might I expect to receive them? lisa From: Price, C. Kent [mailto:kprice@tthlaw.com] Sent: Monday, March 02, 2009 4:15 PM To: Lisa Coyne Cc: Price, C. Kent Subject: RE: Behnke V. Thomas Waiting for input from Mr. Thomas on several of the Interrogatories and his executed verification. -----Original Message----- From: Lisa Coyne [mailto:Lisa@coyneandcoyne.com] Sent: Monday, March 02, 2009 4:13 PM To: Price, C. Kent Subject: FW: Behnke V. Thomas Status of Discovery Response? Lisa Lisa Marie Coyne, Esquire LAW OFFICES OF COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Fax: (717) 737-5161 Email: Lisa@coyneandcoyne.com www.wyneandcpyne.com 3/4/2009 2f 3 Message rwwwwwww.?wwwwwwwwwwww**wwwwwwwwwwwwwwwwwwww+twwwwwwwwwwwwwww,twwwwwwwwwwwwwww+.wwwwww Page 2 of 2 THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE IS TRANSMITTED BY AN ATTORNEY. IT IS PRIVILEGED AND CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, PLEASE BE ADVISED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF THIS COMMUNICATION HAS BEEN RECEIVED IN ERROR, IMMEDIATELY NOTIFY ME BY TELEPHONE (COLLECT CALL) OR RESPOND TO THIS MESSAGE, AND THEN DELETE AND DESTROY THIS MESSAGE. w** ********w**w**w,tw**?rw*,rw**w,t,t*w**,t,t*,t*w,t***********tr**,ttc**,t**w**,t**w*,tw*+t+r*+r,t*?r From: Lisa Coyne Sent: Thursday, February 26, 2009 9:13 PM To: 'kprice@tthlaw.com' Subject: Behnke V. Thomas Kent: This is follow-up to Plaintiffs discovery request. Answers to Plaintiffs interrogatories are almost 2 months overdue. (They were issued on Dec. 5, 2008.) Your letter of transmittal with last week's RPD's indicated that you were merely waiting for a signed verification from Mr. Thomas. Please let me know when I can expect the answers to our discovery. lisa Lisa Marie Coyne, Esquire LAW OFFICES OF COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Fax: (717) 737-5161 Email: iisa@coyneandcoyne.com www.cpyneandcoyne.com wwwwwwwwwwwwwwwwww,r*wwww?wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww*wwwwwwtwwwww THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE IS TRANSMITTED BY AN ATTORNEY. IT IS PRIVILEGED AND CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, PLEASE BE ADVISED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF THIS COMMUNICATION HAS BEEN RECEIVED IN ERROR, IMMEDIATELY NOTIFY ME BY TELEPHONE (COLLECT CALL) OR RESPOND TO THIS MESSAGE, AND THEN DELETE AND DESTROY THIS MESSAGE. *w,r**w*ww***w****w*w*,t**,tw*ww*w*w?rw*w*,t?w*,t*****w******?**w**,??rw*w,tw,t**w,t*w,t***w,tw 3/4/2009 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Motion to Compel was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: C. Kent Price, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6" Floor P.O. Box 999 Harrisburg, PA 17108-0999 Dated: 6 D w Lisa a Coyne, Es uire 39 Market Street Camp Hill, PA 1701 1-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff c. ID m LAURA H. BEHNKE, PLAINTIFF V. JOHN R. THOMAS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6197 CIVIL ORDER OF COURT AND NOW, this 13th day of March, 2009, upon consideration of the Motion to Compel Discovery filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before March 23, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. ? Lisa Marie Coyne, Esquire Attorney for Plaintiff ?C.At? Kent Price, Esquire Attorney for Defendant bas 0-6pl,es M.a? Lqt -- 3/?3/Oq ?i? AIN, I C :01 Wv £ 1 8vw 6002 34?u JO THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6197 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO MOTION TO COMPEL DISCOVERY 1. Admitted. 2. Admitted. 3. Admitted that the Defendant's Answers to Plaintiff's Interrogatories would have been due within 30 days of service in accordance with Pa.R.C.P. 4006, which would have been January 7, 2009. By way of further answer, it should be noted that Defendant served Plaintiff with Interrogatories and Request for Production on November 20, 2008 and that Plaintiff did not serve her responses thereto until February 9, 2009, beyond the 30-day period provided by the Rules of Civil Procedure for the service of such responses. 4. Admitted. 5. [misnumbered 41 Admitted. 6. [misnumbered 51 Admitted. 7. [misnumbered 5] Admitted. 8. [misnumbered 61 Denied. The allegation is a conclusion of law and/or fact to which no answer is required. To the extent that an answer may be required, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation. By way of further answer, the information contained in Defendant's responses to Plaintiff s Request for Production was sufficient to begin preparation for trial. Moreover, no depositions have been conducted to date and the matter has only been in litigation since October .17, 2008 when the Complaint was filed. 9. [misnumbered 71 Admitted. By way of further answer, Plaintiff was served with Defendant's responses to her Request for Production on February 19, 2009. 10. [misnumbered 9] Admitted. 11. [misnumbered 10] Admitted. NEW MATTER 12. On February 19, 2009 Defendant served Plaintiff with responses to Plaintiff s Request for Production, which included, inter alia, transcripts of recorded statements from the Plaintiff, the Defendant, and a witness, Fred Vogelsong. 13. On March 11, 2009, Defendant served Plaintiff with verified Answers to Plaintiff s Interrogatories. 14. Attached hereto as Exhibit "A" is a copy of the transmittal letter serving Plaintiff with Defendant's Answers to Plaintiff s Interrogatories. 15. Attached hereto as Exhibit "B" is a copy of Defendant's verified Answers to Plaintiffs Interrogatories, together with a Certificate of Service indicating that said Answers were served on the Plaintiff on March 11, 2009. 16. The service of Defendant's Answers to Plaintiffs Interrogatories pre-dated this Honorable Court's Order of March 13, 2009 regarding Plaintiff's Motion to Compel. 17. Service of the Defendant's Answers to Plaintiffs Interrogatories should render the Motion to Compel moot. 2 WHEREFORE, Defendant respectfully requests that Plaintiff's Motion to Compel be denied as being moot. THOMAS, THOMAS & HAFER, LLP 0, k C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANT 678255.1 3 ???b}`? ? Megan L. Bressler, Paralegal (717) 237-7156 mbressler@tthlaw.com March 11, 2009 Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Re: Behnke v. Thomas Civil Action No.: 08-6197 Our File No.: 348.81755 Dear Attorney Coyne: Enclosed please find Defendant John R. Thomas' Answers to Interrogatories. Sincerely yours, THOMAS, THOMAS &_HAFER, C. Kent /mlb:642696.9 Enclosures to M North From Street, Sixth Floor, Hanisburg, PA 17101 Phonc (717) 237-7100 Mailing Address: P.O. Box 999, Hani&urg, PA 17108 fax: (717) 237-7105- C?e4,16?`? e THOMAS, THOMAS & HAPER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Boa 999 Harrisburg, PA 17108 (717) 255-7632 Attorney for Defendant kprice@ttlilaw.com LAURA H. BEHNKE, Plaintiff V. JOHN R. THOMAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-6197 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWERS TO INTERROGATORIES DIRECTED TO DEFENDANT INTERROGATORIES 1. For the person answering these Interrogatories, please state your full name, age, address, social security number, extent of formal education, occupation and the name of your current employer, employer's address, telephone number and supervisor's name as well as the nature of your employment, and if married, give your spouse's name. ANSWER: JOHN R. THOMAS 613 SILVER SPRING ROAD MECHANICSBU RG, PA 17050 DOB: 4/28/51 EMPLOYED BY PENNSY SUPPLY, INC., 1001 PAXTON ST., HARRISBURG, PA; 233-4511; SUPERVISOR- MIKE HOLLY. DRIVES MIXER TRUCK. MARRIED TO PATRICIA THOMAS. 2. State the year, make, model number, and registered owner of die vehicle that you were driving at the time the accident in question occurred. ANSWER: 1995 FORD F150, OWNED BY DEFENDANT JOHN R. THOMAS. 3. List the names and addresses of persons known or believed by vou, or any person acting on jour behalf.. to have been within sight or hearing distance of the accident referred to in the Complaint, and with regard to each person; state: (a) his or her exact location at the time of the accident, (b) his or her activity at the time of the accident; and (c) whether he or she witnessed the accident. ANSWER: IN ADDITION TO PLAINTIFF AND ANSWERING DEFENDANT, NONE OTHER THAN THOSE IDENTIFIED IN THE POLICE ACCIDENT REPORT. AS DISCOVERY IS ONGOING, ANSWERING DEFENDANT RESERVES THE RIGHT TO SUPPLEMENT THIS RESPONSE PRIOR TO TRIAL. 4. List the names, addresses and telephone numbers of each fact witness you intend to call at trial and briefly, summarize their anticipated testimony. ANSWER: ANSWERING DEFENDANT HAS YET TO DETERMINE FACT WITNESSES FOR USE AT TRIM.. AS DISCOVERY IS ONGOING, ANSWERING DEFENDANT RESERVES THE RIGHT TO SUPPLEMENT THIS RESPONSE PRIOR TO TRIAL. 5. Did you consume any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish or other drug, medication or pill during the eight hours immediately preceding the incident referred to in the Complaint? If so, state: (a) the nature, amount and type of item consumed; (b) the amount of time over which consumed; (c) the names and addresses of any and all persons who have knowledge as to the consumption of those items; (d) the names and addresses of the physician(s) or other person(s) who gave, purchased or prescribed any of the said items; (e) the location of where you consumed that item(s); and (f) whether you consumed any, non-alcoholic beverage(s) immediatel- before, after or during the time period identified in 5(b), and if so, the type and quantity of beverage(s) consumed. ANSWER: NO. 6. State whether or not the vehicle which you were driving, had any mechanical defects and, if so, state the nature of same. ANSWER: NONE. 7. State whether you were (1) performing any act in connection with your employment at the time of the incident in question, or (2) acting on behalf of or for another at the time of the incident in question. ANSWER NO. 8. On the date of the motor vehicle accident at issue in this lawsuit, state the following: (a) the name and address of the agent or agency issuing such policy; (b) the number of such policy; (c) the limits of liability of such policy; (d) the vehicle or vehicles in connection with which such policy -Tas issued; (e) the policy- coverage period; (f) the named insured(s) on the policy; and (g) please attach a copy of the entire polies and declaration sheet. ANSWER: PLEASE SEE ATTACHED DECLARATIONS PAGE. 9. State the name, address and occupation of any. person whom you expect to call as an expert witness at trial, and with regard thereto, state: (a) the subject matter on which the expert is to testify; (b) the facts and opinions to which the expert is to testify; (c) a summary of the grounds of each opinion; (d) the name of any. report, memorandum or transcript used to substantiate each opinion; (e) any code, regulation or standard, governmental or otherwise, alleged by- the expert to have been violated, in whole or in part; (f) any standard scientific principle alleged by the expert to have been violated, in whole or in part; (g) any standard manufacturing principle alleged by the expert to have been violated, in whole or in part; and 3 (h) the date, name and author of any textbook, document or other source relied upon by the expert in rendering his opinion and testimony. ANSWER: ANSWERING DEFENDANT HAS YET TO DETERMINE EXPERT WITNESSES FOR USE AT TRIAL. THIS RESPONSE WILL BE SUPPLEMENTED PRIOR TO TRIAL. DEFENDANT OBJECTS TO INTERROGATORY 9(d)-9(h) AS REQUESTING INFORMATION BEYOND THE SCOPE OF PERMISSIBLE EXPERT DISCOVERY AS PROVIDED BY Pa.R.C.P. No. 4003.5. 10. With regard to each individual you expect to call as an expert witness at trial, state the following: (a) date of birth; (b) name and address of present emplover, and if self-employed, name and address of the business; (c) full formal educational background, with date of attendance and degrees obtained; (d) a list of all writings and/or documents of any kind prepared in whole or in part by the expert; and (e) names and addresses of all persons, firms or corporations who have retained this expert in the past ten (10) years to render a report or testifil as an expert witness. ANSWER: DEFENDANT OBJECTS TO INTERROGATORY 10 IN ITS ENTIRETY AS REQUESTING INFORMATION BEYOND THE SCOPE OF PERMISSIBLE EXPERT DISCOVERY AS PROVIDED BY PA.R.C.P. 4003.5. 11. State your whereabouts for the twenty-four (24) hour period prior to and twenty-four (24) hour period after the incident in question. ANSWER: ANSWERING DEFENDANT WAS HOME ON SUNDAY 1/20/08. AT THE TIME OF THE ACCIDENT IN QUESTION, WAS ON HIS WAY TO WORK HE STOPPED AT THE SUNOCO ON THE CARLISLE PIKE PRIOR TO THE ACCIDENT FOR COFFEE AND A NEWSPAPER. AFTER THE ACCIDENT OCCURRED, ANSWERING DEFENDANT'S TRUCK WAS TOWED HOME AND HE WENT HOME WITH THE TOW TRUCK AND STAYED HOME FROM WORK. HE RETURNED TO WORK 1/22/08. 4 12. State the purpose of the trip or journey in which you were involved at the time of the incident in question, including the exact time and point of departure, destination and time and place of all stops and departures. ANSWER: SEE ANSWER TO INTERROGATORY NO. U. 13. As of the time of the incident referred to in the Complaint, please state whether or not you were familiar with the location where the occurrence happened and state the nature and extent of your familiarity, indicating the number of times you had visited the location where the incident took place within the last year prior to the time of the accident. ANSWER: YES. ANSWERING DEFENDANT IS FAMILIAR WITH THE AREA AS HE TRAVELS THE ROAD TO AND FROM WORK, ALONG WITH RUNNING MISCELLANEOUS ERRANDS. 14. Please describe as fully as possible the weather and road conditions at the time and location of the alleged occurrence, setting forth conditions of light, precipitation and temperature. ANSWER REFER TO THE POLICE ACCIDENT REPORT. 15. Describe as accurately as possible what you were doing immediately prior to this incident, and all circumstances surrounding this incident. ANSWER: ANSWERING DEFENDANT WAS TRAVELING IN THE LEFT LANE ON THE CARLISLE PIKE IMMEDIATELY PRIOR TO THE INCIDENT. 16. State the following as accurately as possible: (a) your speed when you first viewed Plaintiffs vehicle; (b) the distance between your vehicle and Plaintiffs vehicle prior to the accident, and your speed at that time; (c) the distance from Plaintiffs vehicle when you first applied your brakes; (d) any efforts made by you to avoid Plaintiffs vehicle; (e) if your car skidded, the distance from Plaintiffs vehicle when the skid began; and (f) the amount of feet your vehicle required to stop at time of collision with full application of the brakes and traveling at the speed you were going. ANSWER (a) APPROXIMATELY 35 MPH (b) APPROXIMATELY 40 FEET (c) 35-40 FEET (d) THERE WAS NO WHERE FOR ANSWERING DEFENDANT TO GO, SO HE APPLIED HIS BRAKES. (e) UNKNOWN TO ANSWERING DEFENDANT (f) APPROXIMATELY 40 FEET; ANSWERING DEFENDANT'S VEHICLE STOPPED ON IMPACT. 17. State exactly how you contend the collision occurred ANSWER PLAINTIFF'S VEHICLE CAME ACROSS THE INTERSECTION IN FRONT OF ANSWERING DEFENDANT. ANSWERING DEFENDANT DIDN'T HAVE ANYWHERE TO GO TO AVOID IMPACT AND APPLIED HIS BRAKES. 18. Do you contend that the Plaintiff was contributorily or comparatively negligent or that the Plaintiff assumed the risk of being injured? You stated in your Answer and New Matter in paragraph 25 that Plaintiff's claims may be barred or limited in accordance with the doctrine of Comparative Negligence. If so, state precisely the facts that support your position. ANSWER: DEFENDANT MADE THIS CLAIM IN NEW MATTER TO PRESERVE HIS RIGHT TO ASSERT THIS DEFENSE IF DISCOVERY SUBSEQUENTLY REVEALED THAT PLAINTIFF WAS COMPARATIVELY NEGLIGENT. THIS RESPONSE WILL BE SUPPLEMENTED UPON THE COMPLETION OF DISCOVERY. 19. Are you or anyone acting on your behalf in possession of or know of the existence of any photographs, videos, blueprints, sketches, drawings, diagrams or plans of the instrumentalities, locality, equipment, tools or any other thing or matter involved in the incident in suit? If so, state: (a) the nature of the document, the name(s) and address(es) of the person(s) preparing such document, and the date of its preparation; (b) the name(s) and address(es) of the person(s) presently having possession or custody of each such document; (c) the specific subject matter of the document; (d) the date it was made or taken; and (e) what the document purports to show, illustrate or represent. ANSWER: REFER TO THE DIAGRAM CONTAINED IN THE POLICE ACCIDENT REPORT. DEFENDANT IS ALSO AWARE OF PHOTOGRAPHS TAKEN OF PLAINTIFF'S VEHICLE BY HER INSURANCE COMPANY. 20. Have you ever been charged for any violation of the motor vehicle traffic lams or ordinances of any state or municipality arising from the incident involved in this action? If so, state: (a) the specific %7iolation with which you were charged; (b) the manner in which you were charged, i.e. citation; (c) by and before whom you were charged; (d) the verdict rendered and/or fine paid regarding said violation; and (e) the court involved. ANSWER YES. ANSWERING DEFENDANT WAS CHARGED WITH A MOTOR VEHICLE CODE VIOLATION OF FAILING TO OBEY A TRAFFIC CONTROL SIGNAL. 21. Have you or anyone acting on your behalf conducted any investigations of the incident which is the subject matter of the Complaint? If so, identify: (a) each person and the employer of each person who conducted any investigation; (b) the dates of investigation; and (c) all notes, reports or other documentation prepared during or as a result of the investigations, and the identity- of the person who has possession thereof. ANSWER NONE OTHER THAN DEFENDANT'S COUNSEL, THOMAS, THOMAS, & HAFER, LLP, DURING THE COURSE OF ITS REPRESENTATION, WHICH IS PROTECTED FROM DISCOVERY AS "ATTORNEY WORK PRODUCT". 22. If your attorney has completed an investigation, please provide the name, address, and telephone number of all witnesses identified in the investigation. ANSWER. PLEASE SEE ANSWER TO INTERROGATORY NO. 3. 23. At the time of the incident referred to in the Complaint, did you have a valid license to operate a motor vehicle? If so, state: (a) issuing state; (b) expiration date; 7 (c) operator's license number; and (d) any restrictions, qualifications or conditions on said license and the date when such wording appeared on your license. ANSWER: (a) PA (b) 4/29/09 (c) 14819216 (d) GLASSES 24. At the time of the incident referred to in the Complaint, did you have any condition for which you wore eyeglasses, or for which eyeglasses were prescribed If so, state: (a) a description of the condition; (b) whether you were wearing eyeglasses at the time of the incident; (c) the name and address of the person who prescribed the eyeglasses; and (d) a description of your vision at the time of the accident referred to in the Complaint, both corrected and uncorrected. ANSWER: ANSWERING DEFENDANT WEARS GLASSES FULL TIME TO CORRECT HIS VISION. HE WAS WEARING HIS GLASSES AT THE TIME OF THE ACCIDENT IN QUESTION. GLASSES WERE PRESCRIBED BY DR. DANIEL BORN & ASSOCIATES, HARRISBURG EAST MALL, ROUTE 83 & PAXTON STREET, HARRISBURG, PA 17111. 25. At the time of the occurrence, did your motor vehicle license refer in any way to the use of eyeglasses by you while operating a motor vehicles If so, please give full details as to any reference to eyeglasses on your motor vehicle operators license. ANSWER: YES. PLEASE SEE ANSWER TO INTERROGATORIES NO. 23(d) AND 24. LISTED ON LICENSES AS RESTRICTION *1*; L-LENSES. 26. Have you ever previously been involved in a lawsuit? If so, state: (a) the date and location of the action; (b) the nature of the action; (c) the name(s) and address(es) of the party(ies); 8 (d) the disposition of the action; and (e) the name and address of the attorney who represented you. ANSWER: OBJECTION. ANSWERING DEFENDANT OBJECTS TO THIS INTERROGATORY AS IT IS IRRELEVANT, IMMATERIAL AND NOT REASONABLY CALCULATED TO LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE. 27. Have you ever received any citation or summons of a criminal nature resulting from the operation of a motor vehicle? If so, state: (a) the nature of the citation or summons; (b) the final disposition; and (c) the court uivolved. ANSWER: OBJECTION. ANSWERING DEFENDANT OBJECTS TO THIS INTERROGATORY AS IT IS IRRELEVANT, IMMATERIAL AND NOT REASONABLY CALCULATED TO LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE. WITHOUT WAIVING SAID OBJECTION, PLEASE SEE ANSWER TO INTERROGATORY NO. 20. 28. Have you ever had an operator's license suspended or revoke& If so, state: (a) time and location of suspension or revocation; (b) period of time of said suspension or revocation, including dates; (c) reason for such suspension or revocation; and (d) whether such suspension or revocation was lifted. ANSWER: NO. 29. Have you made an), statement, whether in writing, tape recording or otherwise, to any person(s) regarding any of the events referred to in the Complaints If so, state: (a) the name(s) and address(es) of the person(s) to whom such statement was made; (b) the date of such statement; 9 (c) the form of the statement, i.e., written, oral, recording device, or stenographer; (d) whether such statement, if written, was signed; (e) the name(s) and address(es) of the person(s) presently having custody, of such statement; and (f) the essence of your statement. ANSWER: NO. 30. Identify all exhibits which you expect to use at trial or offer into evidence at the time of trial of this case. ANSWER: ANSWERING DEFENDANT HAS YET TO DETERMINE EXHIBITS FOR USE AT TRIAL. THIS RESPONSE WILL BE SUPPLEMENTED PRIOR TO TRIAL. 31. Have vou, or any of your representative(s), your counsel or your insurer performed or contracted to be performed any, surveillance of the plaintiff or her activities at any time? If so, please identifs• each such person(s) or entities who have custody of and attach complete copy, without editing, of all reports, memoranda, letters, electronic data or information of any type (including computer records), regarding such surveillance activity along with a copy of any photographs, films, videotapes, or other information including but not limited to videos, 8 millimeter film, and hand-written notes. ANSWER: OBJECTION. ANSWERING DEFENDANT OBJECTS TO THIS INTERROGATORY TO THE EXTENT THAT IT SEEKS INFORMATION PROTECTED BY THE ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES. MOREOVER, PLAINTIFF IS NOT ENTITLED TO THE REQUESTED INFORMATION PRIOR TO HER BEING DEPOSED. 32. At the time of the accident, did you have a cell phone in your possession or in the vehicle you were occupying? If yes, please answer the following. (a) Where was the cell phone located? (b) Who was the cell phone service provider? (c) Was the cell phone owned by vou or were you borrowing it? (d) What is/was the cell phone number of the cell phone in question? 10 (e) Was the cell phone turned on at the time of the accident? (f) Were you talking, dialing, turning on, hanging up, or in any way using, handling, looking for the cell phone at the time of the accident or within THIRTY (30) minutes of the accident? If so, please explain in detail. ANSWER: (a) IN ANSWERING DEFENDANT'S POCKET (b) AT&T (c) OVrNED BY ANSWERING DEFENDANT (d) 215-8011 (e) YES. (f) THE PHONE WAS NOT IN USE AT THE TIME THE ACCIDENT OCCURRED; HOWEVER ANSWERING DEFENDANT MAY HAVE CALLED HIS WORK PRIOR TO LEAVING HOME THAT DAY TO DOUBLE CHECK HIS START TIME OF HIS SHIFT. FOLLOWING THE ACCIDENT, ANSWERING DEFENDANT MAY HAVE USED THE PHONE TO CONTACT HIS EMPLOYER AND WIFE TO NOTIFY THEM OF THE ACCIDENT. 33. You stated in your Answer and New Matter in Paragraph 27 that Plaintiff may have failed to mitigate some or all of her damages. Please state precisely the facts that support your position. ANSWER: INVESTIGATION AND DISCOVERY ARE ON-GOING. THIS ANSWER WILL BE SUPPLEMENTED AS MAY BE WARRANTED. 34. You state in your Answer and New Matter in Paragraph 28 that some or all of Plaintiff s alleged injuries and damages may be due to pre-existing conditions. Please state precisely the facts that support your position. ANSWER: INVESTIGATION AND DISCOVERY ARE ON-GOING. THIS ANSWER WILL BE SUPPLEMENTED AS MAY BE WARRANTED. 35. You stated in your Answer and New Matter in Paragraph 29 that Plaintiffs injuries may not constitute "serious injun-." Please state precisely- the facts that support your position. ANSWER. INVESTIGATION AND DISCOVERY ARE ON-GOING. THIS ANSWER WILL BE SUPPLEMENTED AS MAY BE WARRANTED. 11 36. You stated in your Answer and Nev., Matter in Paragraph 30 that Plaintiff may, not be entitled to recover damages for "non-economic loss." Please state precisely the facts that support your position. ANSWER: INVESTIGATION AND DISCOVERY ARE ON-GOING. THIS ANSWER WILL BE SUPPLEMENTED AS MAY BE WARRANTED. 37. Did you or any of your representatives obtain any statements from any other person regarding any of the events or happenings that occurred at the scene of the accident, either immediately before, at the time of, or following said accident? If so, identify each such statement by specifying: (a) The date on which it was taken; (b) The name, residence, business address, job classification, and business and home telephone numbers of each person who: (1) Gave the statement, (2) Took the statement; (3) Was present when the statement was given; (4) Has present custody or control of the statement; (5) Whether the statement was handwritten, typewritten, signed, and/or taken bv, a recording device, a court reporter, or a stenographer; and (6) Attach to these Interrogatories a copy of any such statement. ANSWER: PLEASE SEE ATTACHED STATEMENT OF PLAINTIFF LAURA BEHNKE. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP IIocl -o" ?& Date C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 <4norngs for Defendan! john & 71)omac 12 VERIFICATION I verit, that the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of my, information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. 54904, relating to unsworn falsification to authorities. Date CERTIFICATE OF SERVICE I, Megan L. Bressler, Paralegal for the law, firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was seared upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFFJt, LLP 3[111 09 D= for C. Dent Price 652599.1 CERTIFICATE OF SERVICE AND NOW, this 8- day of March, 2009, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Defendant's Answer to Motion to Compel Discovery by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, `KHOMAS & HAFER, LLP C n A<50-"7+-, C. Kent Price, Esquire 4 C`3 c' fil •.t • y COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEYS FOR PLAINTIFF LAURA H. BEHNKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-6197 JOHN R. THOMAS, Defendant : CIVIL ACTION - LAW Jury Trial Demanded PRAECIPE TO WITHDRAW To the Prothonotary of Cumberland County, Pennsylvania: Please withdrawal Plaintiffs Motion to Compel as the Defendant has now provided Answers to Interrogatories and the Motion to Compel is now Moot. Respectfully submitted: COYNE & COYNE, P.C. Dated: D By: L sa arie Coyne, Esq. Pk preme Ct. No. 53788 39 Market Street Camp Hill, PA 17011-4227 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Praecipe to Withdrawal Plaintiffs Motion to Compel was served this date upon the below- referenced individuals at the below listed address by way of first class mail, postage pre-paid: C. Kent Price, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street, a Floor P.O. Box 999 Harrisburg, PA 17108-0999 Dated: v Li e Coyne, Esquire 3 1 ket Street C ill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff cV 71 .rs Mf ,. r- "' _ rv j COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 PLAINTIFF ATTORNEYS FOR LAURA H. BEHNKE, Plaintiff VS. JOHN R. THOMAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6197 : CIVIL ACTION - LAW : Jury Trial Demanded CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Laura H. Behnke certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party who waived the 20 day notice period, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: Z?-/ ?-y [ 74,("X-0' - 'sa arie Coyne, Esq. W L ey efor Plaintiff FlllF :-`=FOE THE "")TARY i 2069 APR 17 6.33 COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEYS FOR PLAINTIFF LAURA H. BEHNKE, Plaintiff VS. JOHN R. THOMAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6197 : CIVIL ACTION - LAW : Jury Trial Demanded NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Laura H. Behnke intends to serve a subpoena identical to the one that is attached to this notice. You have waived the twenty (20) day notice required by Pa.R.C.P. 4009.21. (See Exhibit "A„) DATE: Li a Marie Coyne, Esq. ornev for Plaintiff +r - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LAURA H. BEHNKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 08-6197 JOHN R. THOMAS, Defendant : CIVIL ACTION - LAW Jury Trial Demanded SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: AT&T Subpoena Compliance and Court Order Center 801 Northpoint Parkway West Palm Beach, FL 33407 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: AT&T Wireless phone log for Mr. John R. Thomas concerning the time period of 12:01 a.m. to 11:59 p.m., January 21, 2008. Wireless phone number is (717) 215-8011. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed below. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Lisa. Marie Coyne ADDRESS: 3901 Market Street Camp Hill, PA 17011-4227 TELEPHONE: (717) 737-0464 SUPREME COURT ID #: 53788 ATTORNEY FOR: Laura H. Behnke BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy PPR-09-2009 13:47 TT&H :"APR-119 TO 12:54 ?M 4367913125963 CUYNE & COYNE, r.C. Liss Marie Csyne? 144. Pa. suprem Gt. NO.93768 390111xWW StreeUx t227 CpmP1 M'n 737-04&1 717 237 7105 P.01/01 FAY NO. 7177375161 f. L A"VJbV.EYSFOR PLAINTfFF LAURA R- imin , p?inllf'J » ...•' JOHN IL ToOmmo » Defisannt : IN TRY, COURT OF COMMON PLTAS VW : CUMBTRLANn COUNTY, PENNSY MAMA NO. 08-6197 CIVIL ACTION -- LAW : Jjc:'y Trial Den=ded wAM or NO'T'ICE OF INTENT TO SERVE SUBWENA TO PRODUCE DOCUMENTS AN THINGS FOR DDIS OVERY PURSUANT TO If C. Kent MM AttosnW for DOfmimt J*b2 R Tlwoa u lm'y wave tbt twenty (20) day notice Tc4uired by Pa.R.C P. 4009.21 for the subpoena of AT&T vVioelEu pbuane 108 for Mr. Jolm p,,. Thomm coooognb* the time period of 12.01 am. to 11:59 p.m., Jannary 21, 2008. AT&T Wirelewrbom mmb" is (717) 215.9011. DATE- ? q fl9 alv? ??? C. Ktnt 11wiM Esquire Attamey for Defeadeut it R? • ip .? h 'Y• • ";ass Y? 'k 1 1, •i %.a •xl 5)., slit t yr ty d1 TOTAL P.01 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing documents was served this date upon the below-referenced individuals at the below listed addresses by way of Facsimile and first class mail, postage pre-paid: C. Kent Price, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6"' Floor P.O. Box 999 Harrisburg, PA 17108-0999 AT&T Subpoena Compliance and Court Order Center 801 Northpoint Parkway West Palm Beach, FL 33407 Dated: -NI s arie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff FILP E 5.,. OF THEE R`FD"-`4 2009 APR 17 AH C: 3 0 LAURA H. BEHNKE, Plaintiff JOHN R. THOMAS, Defendant CERTIFICATE PREREQUISITE TO SERVE SUBPOENAS PURSI7ANT TO RULE 4409.22' As a Prerequisite to service of a Subpoenas for Documents and Things pursuant to Rule 4009.22, Defendant certifies that: A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served. No objection to the Subpoenas has been received. THOMAS, THOMAS & HAFER, LLP C k~4- i~~ C. Kent Price, Esquire I.D. Number: 06776 305 North Front Street P.O. Box 999 v. 2. A copy of the Notice of Intent including the proposed Subpoenas is attached to this Certificate. 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA aoc~- ~e iq 7 NO. ~L1LL.T T-~ 13 ~ 8-~1 CIVIL ACTION -LAW JURY TRIAL DEMANDED Harrisburg, PA 17108-0999 (717)255-7632 Date 650210.3 rc' -2s' ~U -~a' -1 'E,1 ....~.~ ..,ry ~'~ r" F'a3 "~ L.J f~ ~? c-a -~' _. . cT.~ -r~ Q ~„C ~3 _Jr"'r`l _ -1 C.P^t `y^r -~ ~~~ THOMAS, THOMAS & HAFERt.-.-~ Atrorne~~s Ar La~a~ October 6, 2010 Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Re: Behnke v. Thomas Civil Action No.: 08-6197 Our File No.: 348.81755 Dear Attorney Coyne: Street Address: 305 Noah Front Street, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fax: 717?37.7105 \, ~~i '_~ lam, ~ ~~ OIL ~sr C. Kent Price (717) 255-7632 hPrice~thla~~. com Enclosed please find a Notice of Intent to Serve Subpoenas, pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Sincerely yours, THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal to C. Kent Price /r1s:642696.26 Enclosure I, G~iS~ /~d~iGtL ~iyNC ,Esquire, counsel for Plaintiff, have no objection to the serving of the subpoenas identi >ed in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defendant shall provide me with copies of all records then obtain pursuant t4_.__ these subpoenas. Date: 10 2 "squire Baltimore Bethlehem Harrisburg Philadelphia Pittsburgh Wilkes-Barre www.tthlaw.com LAURA H. BEHNKE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-SU-01358-O1 v. JOHN R. THOMAS, Defendant CNIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND TffiNGS FOR DISCOVERY PURSUANT TO RULE 4009,21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas maybe served. THOMAS, THOMAS & HAFER, LLP By: C ~"'~~...~ Date: / u - ~ - ! O C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorney, for Defendant 644467.3 LAURA H. BEHNKE, Plaintiff NO. 08-6197 v. JOHN R. THOMAS, Defendant Custodian of Records, Kayal Orthopedic Center, 385 S. Maple Avenue, Suite 206, Ridgewood, NJ 07450. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05112/1984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies, diagnostic test results and reports, without limitation, from February 2009 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JURY TRIAL DEMANDED ADDRESS 305 N. Front Street. P. O. Box 999 Harrisbura. PA 17108 TELEPHONE:~717) 255-7632 Prothonotary/Clerk, Civil Division SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant DATE: Seal of the Court Deputy 862768.1 LAURA H. BEHNKE, Plaintiff NO. 08-6197 v. JOHN R. THOMAS, Defendant Custodian of Records, Paramus Medical Imaging, 30 W. Century Road, Paramus, NJ 07652. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05/12/1984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies, diagnostic test results and reports, without limitation, from January 2008 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price. Esauire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisbura, PA 17108 TELEPHONE: (717) 255-7632 ProthonotarylClerk, Civil Division SUPREME COURT ID No: 06776 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JURY TRIAL DEMANDED ATTORNEY FOR: Defendant DATE: Seal of the Court Deputy 862768.2 LAURA H. BEHNKE, Plaintiff NO. 08-6197 v. JOHN R. THOMAS, Defendant Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05/12/1984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies, diagnostic test results and reports, without limitation, from March 2009 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7632 Prothonotary/Clerk, Civil Division SUPREME COURT ID No: 06776 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, The Medicine Lodge Clinic, 149 W. 21St Street, New York, NY 10011. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JURY TRIAL DEMANDED (Name of Person or Entity) ATTORNEY FOR: Defendant DATE: Seal of the Court Deputy 862768.3 LAURA H. BEHNKE, Plaintiff NO. 08-6197 v. JOHN R. THOMAS, Defendant Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical .records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05/12/1984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies, diagnostic test results and reports, without limitation, from January 2008 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, The Medicine Lodge Clinic, 149 W. 21~ Street, New York, NY 10011. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JURY TRIAL DEMANDED (Name of Person or Entity) NAME: C. Kent Price. Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE:. (717) 255-7632 Prothonotary/Clerk, Civil Division SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant DATE: Seal of the Court Deputy 862768.4 LAURA H. BEHNKE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6197 v. JOHN R. THOMAS, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Physical Medicine & Rehabilitation Center, 500 Grand Avenue, Suite 1, Englewood, NJ 07631. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of LAURA H. BEHNKE, SSN: 145-88-5866, DOB: 05/12/1984, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies, diagnostic test results and reports, without limitation, from February 2009 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price. Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg. PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant DATE: Seal of the Court ProthonotarylClerk, Civil Division Deputy 862768.5 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Lisa Marie Coyne, Esquire COl'NE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal to C. Kent Price Date: i v/ 6~ iv 644467.3 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Lisa Marie Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal to C. Kent Price Date: ~ p / 2S~/ r o 650210.3 THOMAS, THOMAS & HAFER, LLP Corey J. Adamson, Esquire I.D. No. 204508 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7639 cadamson@tthlaw.com LAURA H. BEHNKE, Plaintiff V. JOHN R. 'T'HOMAS, Defendant _ ? t4L..lJ 1 c- 2012 JAN 25 PIS 1: 19 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6197 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY, SUBSTITUTION, AND WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance (Corey J. Adamson, Esq.) on behalf of Defendant John R. Thomas, substitute it for that of C. Kent Price, Esq., and withdraw that of C. Kent Price, Esq. Please ensure that all mailings, filings, communications, etc. from Your Court are sent to my attention. Thank you for your assistance in this regard. Respectfully submitted, THOMAS OMAS & HAFER, LLP N amson, Esquire ID No. 204508 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7639 (717) 237-7105 facsimile cadamson@tthlaw.com 1041177.1 CERTIFICATE OF SERVICE Y\ AND NOW, this) day of January, 2012, I, COREY J. ADAMSON ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Praecipe for Entry, Substitution and Withdrawal of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Lisa Marie Coyne, Esquire Coyne & :7oyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 THOMAS, THOMAS & HAFER, LLP 1041177.1 Corey J.