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HomeMy WebLinkAbout08-7456 A. BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com KAREN A. HELM DENNIS L. HELM 12 NORTHERN DANCER DRIVE DILLSBURG, PA 17019 Plaintiffs V. NATHANIEL A. GROVE 155 SALEM CHURCH ROAD, #31 MECHANICSBURG, PA 17050 Defendant AND TIMOTHY P. WILKINSON 1835 SIGNAL HILL DRIVE MECHANICSBURG, PA 17050 Counsel For: Karen A. & Dennis L. Helm : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. ca-745(p C? vi l T?'ltt CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS r J. TO THE PROTHONOTARY/CLERK OF SAID COURT: Please issue a Summons against the Defendants, Nathaniel A. Grove and Timothy P. Wilkinson, in the above case. The Writ of Summons shall be issued and forwarded to undersigned counsel for service upon counsel for the Defendants. Dated: December 23, 2008 BOYLE, NEBLETT & WENGER Dennis E. Bo s ire Supreme Co . o. 49618 Counsel For: Karen A. & Dennis L. Helm SUMMONS IN CIVIL ACTION TO: NATHANIEL A. GROVE and TIMOTHY P. WILKINSON YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Dated: Idbm o$ s du (4, 1 Lo * " Prothonotary/Cle , Civil Division By: e 442? 60 1(4. Depu 2 -LIL Oo c1? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07456 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HELM KAREN A ET AL VS GROVE NATHANIEL A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GROVE NATHANIEL A but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT GROVE NATHANIEL A 155 SALEM CHURCH ROAD #31 MECHANICSBURG, PA 17050 PER POST OFFICE, DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS. Sheriff's Costs: So answer Docketing 18.00 ? Service 9.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.00 BOYLE NEBLETT WENGER 01/22/2009 Sworn and Subscribed to before me this day of A.D. I Z : IC 1, ! j 9 w;; f i It: I r HE SHERIFF'S RETURN - REGULAR CASE NO: 2008-07456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HELM KAREN A ET AL VS GROVE NATHANIEL A ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WILKINSON TIMOTHY P the DEFENDANT , at 1303:00 HOURS, on the 17th day of January , 2009 at 1835 SIGNAL HILL DRIVE MECHANICSBURG, PA 17050 TIMOTHY P WILKINSON by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 9.00 .00 10.00 R. Thomas Kline .00 25.00 01/22/2009 BOYLE NEBLETT WENGER By: day Deputy Sheriff A. D. 1 '3 1"'d 2,_? t -4p% BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com KAREN A. HELM DENNIS L. HELM 12 NORTHERN DANCER DRIVE DILLSBURG, PA 17019 Plaintiffs V. NATHANIEL A. GROVE 155 SALEM CHURCH ROAD, #31 MECHANICSBURG, PA 17050 Defendant AND TIMOTHY P. WILKINSON 1835 SIGNAL HILL DRIVE MECHANICSBURG, PA 17050 Counsel For: Karen A. & Dennis L. Helm : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7456 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS ? . '% TO THE PROTHONOTARY/CLERK OF SAID COURT: Please reissue the Summons which was previously issued on December 23, 2008, against the Defendants, Nathaniel A. Grove and Timothy P. Wilkinson, in the above case. The Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff for service upon the Defendants. BOYLE, NEBLETT & WENGER Dennis E. Boyle, Es e Supreme Court I.D 49618 Counsel For: Karen A. & Dennis L. Helm Dated: March 4, 2009 SUMMONS IN CIVIL ACTION TO: A. GROVE and TIMOTHY-P. YOU ARE COMMENCED AN THAT THE ) JAINST YOU. PLAINTIFF(S) HAS/HAVE /Clerk, Civil Division Dated: By: 2 m 4 o ? I%. Sheriffs Office of Cumberland County R Thomas Kline ?'**w of cumber. Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF CE OF NE SKRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/13/2009 04:50 PM - Kenneth Gossert, Deputy Sheriff, who being duly swom according to law, states that on March 13, 2009 at 1650 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nathaniel A. Grove by making known unto Rhonda Grove, mother of defendant, at 17 Birch Street, Mechanicsubrg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.32 (PAID) March 17, 2009 Docket No. 2008-7456 Karen A. Helm v Nathaniel A. Grove SO ANSWERS, R THOMAS KLINE, SHERIFF 0 C= Q -MOM rn ;" C ? 'c cc, GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANT, Timothy P. Wilkinson KAREN A. HELM and DENNIS L. HELM, Plaintiffs V. NATHANIEL A. GROVE and TIMOTHY P. WILKINSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-7456 -Civil Term CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Timothy P. Wilkinson in the above- captioned matter. Date: April 23, 2009 By: Gregory E. assimatis, Esquire Attorney for Defendant Timothy P. Wilkinson CERTIFICATE OF SERVICE AND NOW, this 23rd day of April, 2009, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Timothy P. Wilkinson, hereby certify that I served a copy of the within Praecipe for Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Dennis E. Boyle, Esquire BOYLE, NEBLETT & WENGER 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 (Attorney for Plaintiffs) Nathaniel A. Grove 17 Birch Street Mechanicsburg, PA 17055 By. -- Gregory . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 ! : OF THE P OTIJIn OTAR ' 2009 APR 27 P l 3: 12 1 a FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 jmurphy@fon-yullman.com KAREN A. HELM and DENNIS L. HELM Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 087456 NATHANIEL L. GROVE and TIMOTHY P. WILKINSON Defendants : JURY OF TWELVE DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendant Nathaniel L. Grove in the above case and designate 2000 Linglestown Road, Suite 301, Harrisburg, Pennsylvania 17110, as the place notices and papers other than original process may be served. By: Date: z{ - '-'R -7- 0 FORRY ULLMAN 146 4 FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 jmurphy@forryullman.com KAREN A. HELM and DENNIS L. HELM Plaintiffs V. NATHANIEL L. GROVE and TIMOTHY P. WILKINSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 087456 : JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, Beth Myers, of FORRY ULLMAN, attorneys for Defendant, Nathaniel L. Grove, certify that the within Entry of Appearance was served, this date, by first-class mail, postage prepaid, addressed as follows: Dennis E. Boyle, Esquire Boyle, Neblett & Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. FORRY ULLMAN, P.C. By: ,?- BE S, PARALEGAL Date: `? ??? I, Y fry, 12 4 y l FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 jmurphy@forryullman.com KAREN A. HELM and DENNIS L. HELM Plaintiffs V. NATHANIEL L. GROVE and TIMOTHY P. WILKINSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 087456 JURY OF TWELVE DEMANDED PRAECIPE tOR RULE TO FILE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter a Rule on the Plaintiffs to file a Complaint within twenty (20) days from service of said Rule or suffer a judgment of non pros. a FORRY ULLMAN V By: - F/ I /I JO Y, SQUIRE e D. No. 11 2000 Linglestown Road/Suite 301 Harrisburg, PA 17110 717-441-9257 DATE: C` ?? Attorney for Defendant Grove KAREN A. HELM and : IN THE COURT OF COMMON PLEAS DENNIS L. HELM : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 087456 NATHANIEL L. GROVE and TIMOTHY P. WILKINSON Defendants : JURY OF TWELVE DEMANDED RULE AND NOW, this R?k_ d y of , 2009, a Rule is entered on the Plaintiffs to file a Complaint wi* twenty (20) days from the service of this Rule or suffer a judgment of non pros. Dt• a e. S?pglp9 PROTHO OTARY FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 j murphy@forryullman. com KAREN A. HELM and DENNIS L. HELM Plaintiffs V. NATHANIEL L. GROVE and TIMOTHY P. WILKINSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 087456 : JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, Beth Myers, of FORRY ULLMAN, attorneys for Defendant, Nathaniel L. Grove, certify that the within Praecipe fc!r Rule to File Complaint was served, this date, by first- class mail, postage prepaid, addressed as follows: Dennis E. Boyle, Esquire Boyle, Neblett & Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Timothy P. Wilkinson 1835 Signal Hill Drive Mechanicsburg, PA 17050 I understand that the staVments herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to U? sworn falsification to authorities. Date: S - l' _,01 FORRY ULLMAN, P.C. ADD-a-4;lGF OF DE PM pu,,? )TAR 2009MAY -8 PM 12: 28 BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com Counsel For: Karen A. Helm KAREN A. HELM, and DENNIS L. : IN THE COURT OF COMMON PLEAS HELM, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 08-7456 CIVIL TERM NATHANIEL A. GROVE, and TIMOTHY P. WILKINSON, Defendants CIVIL ACTION -LAW : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADOIA EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 Counsel For: Plaintiff Dated: May 22, 2009 BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com KAREN A. HELM, and DENNIS L. HELM, Plaintiffs V. NATHANIEL A. GROVE, and TIMOTHY P. WILKINSON, Defendants Counsel For: Karen A. Helm : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-7456 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Karen A. Helm, by and through her counsel, Dennis E. Boyle, Esquire, Joshua M. Autry, Esquire, and the firm of Boyle, Neblett & Wenger, and avers as follows: This case involves the severe and significant injuries that Plaintiff Karen A. Helm has sustained as a result of the reckless and careless driving of Defendant Nathaniel A. Grove. 2. Plaintiff, Karen A. Helm, a citizen of the Commonwealth of Pennsylvania, is an adult individual who resides at 6A Orange Street, Mt. Holly Springs, Pennsylvania 17065. 3. Defendant Nathaniel A. Grove is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 17 Birch Street, Mechanicsburg, PA 17050. 4. Defendant, Timothy P. Wilkinson, is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 1835 Signal Hill Drive, Mechanicsburg, PA 17050. FACTUAL BACKGROUND 5. The facts and occurrences hereinafter related took place on or about December 29, 2006 at approximately 5:30 p.m. on the Carlisle Pike, Cumberland County, Pennsylvania. 6. At that time and place, Plaintiff Karen Helm was the driver of her motor vehicle, a 1992 Plymouth Voyager. 7. Ms. Helm was wearing a seat belt and was stopped at a red light on the Carlisle Pike at the intersection of Salem Church Road. 8. The vehicle behind her, operated by Timothy P. Wilkinson, was also stopped in traffic. 9. Mr. Wilkinson was operating his motor vehicle, a 2004 Nissan Altima. 10. A third car, driven by Defendant, Nathaniel A. Grove, approached at a rapid rate of speed and proceeded to hit Mr. Wilkinson's automobile, which was subsequently pushed into and under the rear of Mrs. Helms' vehicle. 11. Defendant Grove was operating his motor vehicle, a 1999 Dodge Intrepid. 12. Mrs. Helm sustained a whiplash-type injury, and experienced symptoms of severe muscle spasms and pain in her neck region, numbness of her right side of her face, and dizziness. 13. On December 30, 2006, Karen Helm was seen by Dr. Ercol Acri, Jr, D.C. for treatment of the injuries sustained in the vehicle accident of December 29, 2006. At that time her 2 symptoms were whiplash, cervical subluxation, cervicalgia, thoracalgia, lumbar subluxation, lumbalgia and headaches. 14. An examination and x-rays were completed at that time and Ms. Helm was in an antalgic posture due to pain with tender, taut, palpable bilateral trapezius, levator scapula and sternocleidomastoid muscles. Cervical ranges of motion were limited and unbalanced. Lumbar ranges of motion were limited and balanced with reduced patellar, hamstring and triceps surae right and left deep tendon reflexes. 15. Mrs. Helm was seen again by Dr. Acri on January 4, 2007, complaining of vertigo, hypersensitivity to the upper thoracic region, inability to hold head upright and cervical tenderness. 16. On January 16, 2007, she was seen in the office with complaints of right facial numbness with cervical tenderness, involving her right trapezoid muscle. Her cervical range of motion was improving, but she continued with right arm ache to right elbow and shoulder pain. 17. On January 29, 2007, Karen Helm had cervical pain, body ache, left shoulder pain and limited motion. 18. X-ray findings were consistent with hyperlordotic curve of+17 cm with a super plus atlas angle. 19. The treatment plan has been conservative and as needed to relieve the facial numbness symptom. 20. Mrs. Helm was again seen on February 8, 2007, March 1, 2007, March 8, 2007, April 20, 2007, and May 4, 2007, due to experiencing cervical tenderness with limited cervical extension and rotation, headache and right facial numbness with right ear consistently numb and cervical weakness, and inability to lay on right side with right ankle pain. 3 21. Currently, she experiences facial numbness to which she is being referred to Dr. Ravi Dukkipati, M.D. of the Neurology Center, P.C. in Camp Hill, PA. 22. On June 27, 2007, Mrs. Helm was seen by Dr. Ravi Dukkipati and at that time had residual right face and scalp numbness as well as tingling. Her neck symptoms had improved, somewhat. Findings at that time were consistent with post traumatic right trigeminal sensory neuropathy. 23. An MRI of her brain was requested by Dr. Dukkipati, and was performed on June 29, 2007, to exclude any other underlying CNS pathologies. Findings revealed mild bilateral ethmoid sinus and maxillary antral inflammatory disease. 24. Mrs. Helm returned to Dr. Dukkipati on August 14, 2007, for a follow up, as she was continuing to experience right facial numbness. The symptoms persisted four-to-five times per week and lasted one-to-two hours each time, with associated muscle spasms as well. 25. The final diagnosis is traumatic right trigeminal sensory neuropathy dating back to the accident on December 29, 2006. COUNTI Karen Helm v. Nathaniel Grove Negligence 26. Paragraphs 1 through 25 are hereby incorporated by referenced as if fully restated herein. 27. As the operator of a motor vehicle, Defendant Grove had a duty and obligation to: 4 a. be alert and have his car under such control at all times that it could be stopped before doing injury to any person in any situation that is reasonably likely to arise under the circumstances; b. be sufficiently alert that he would perceive any warning of danger that is likely to be manifested under the circumstances; C. exercise the ordinary care required of all motorists; d. exercise a very high degree of care as he approached an intersection; e. exercise unremitting vigilance at the wheel, which vigilance necessarily encompasses a constant viewing of what is ahead; and f. ensure that the vehicle is in reasonably good condition and properly equipped, so that it may at all times be controlled and not become a source of danger to its occupants or to other travelers. 28. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Karen Helm are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Grove operated his motor vehicle as follows: a. failure to have his vehicle under such control as to be able to stop withing the assured clear distance ahead; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; C. permitting or allowing his vehicle to strike or collide with the rear of the vehicle operated by Mr. Wilkinson; d. failure to apply his brakes in sufficient time to avoid striking the rear of Mr. Wilkinson's vehicle; 5 e. failure to travel at a safe speed under the circumstances; f, failure to keep proper and adequate control over his vehicle; 9. failure to keep his vehicle in a proper state of repair and failed to maintain his vehicle in a proper manner; and h. operating a vehicle that he knew or should have known was in a defective condition. 29. Defendant Grove's conduct clearly deviated from the standard of care of a reasonable driver and thereby breached his legal duties and obligations to Plaintiff Karen Helm. 30. Defendant Grove should not have approached the intersection traveling at a high and unreasonable rate of speed. 31. Had he approached the intersection at a more reasonable rate of speed, he would have been able to more effectively maneuver around the vehicles without causing an accident. 32. At a minimum, if Defendant Grove had approached at a slower rate of speed, the accident would have been much less severe and Karen Helm's car would not have been struck. 33. In addition, Defendant Grove knew or should have known that his brakes were in a defective condition. 34. By operating the vehicle in spite of this defective condition, Defendant Grove created a dangerous situation for other vehicles on the roadway. 35. If Defendant Grove had routine brake checks, then his brakes would not have failed on the roadway. 36. Due to Defendant Groves' reckless endangerment while driving, Karen Helm has suffered needless injuries, endured numerous physician visits, X-rays, an MRI, specialist visits and incurred substantial pain and suffering, causing unnecessary delays in her care and recovery. 6 37. Defendant Grove's negligence was a proximate cause of Ms. Helms injuries, was a substantial factor in bringing about her injuries, and significantly increased the risk that her injuries would occur. 38. Were it not for Defendant Grove's negligence, his vehicle would have not collided with Mr. Wilkinson's vehicle, pushing it into Plaintiff Karen Helm's vehicle. 39. Plaintiff Karen Helm sustained painful and severe injuries, which include, but are not limited to whiplash, severe muscle spasms and pain in her neck and lower back, nausea, headaches, difficulty sleeping, difficulty holding her head up, limited cervical motion and cervical plain and tenderness, right facial numbness, and other aches and pains in her right arm, right elbow, both shoulders, left leg, right ankle, and back. 40. As a direct result of the aforesaid injuries sustained by Plaintiff Karen Helm, she was forced to incur liability for medical treatment, medications and similar medical expenses in an effort to restore herself to health, and claim is made therefor. 41. Because of the nature of her injuries, Plaintiff Karen Helm has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 42. As a direct result of the aforementioned injuries, Plaintiff Karen Helm has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 43. Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 7 44. Plaintiff Karen Helm also suffered property damage to her vehicle, and claim is made therefor. WHEREFORE, Plaintiff Karen Helm respectfully requests this Court enter judgment in her favor and against Defendant Grove as set forth in the Prayer for Relief. COUNT II Karen Helm v. Nathaniel Grove Negligence Per Se 45. The preceding paragraphs are incorporated herein as if fully restated. 46. Among the duties owed by Defendant Grove were those contained in relevant statutes within the Motor Vehicle Code of the Commonwealth of Pennsylvania, 75 Pa. C.S.A. § 101, et seq. 47. Sections of the Motor Vehicle Code violated by Defendant Grove include but are not limited to the following: a. Section 3361, which required Defendant Grove to operate his vehicle at a safe and appropriate speed when approaching the intersection and in such a manner so as to be able to stop within the assured clear distance ahead; and b. Section 3714, which required Defendant Grove to otherwise drive his vehicle upon the highway in a manner so as to not endanger persons and property in a reckless manner with careless disregard to the rights and safety of others. 48. Defendant Grove violated statutes designed to prevent precisely this type of dangerous situation, a traffic accident, and is negligent with respect to the harm caused by his violations because Plaintiff Karen Helm's harm was sustained as a result of a situation of the type intended to be avoided by the statutes. 8 49. The statutory violations constitute a ground for imposing liability because the violations were a proximate cause of Ms. Helms aforementioned injuries, were a substantial factor in bringing about her injuries, and significantly increased the risk that her injuries would occur. WHEREFORE, Plaintiff Karen Helm respectfully requests this Court enter j udgment in her favor and against Defendant Grove as set forth in the Prayer for Relief. PRAYER FOR RELIEF Plaintiff Karen Helm respectfully prays for judgment as follows: A. Compensatory damages as to Defendant Grove; B. A jury trial as to Defendant Grove as to each Count; and C. Such other relief as is reasonable and just. BOYLE, NEBLETT & WENGER X"tnnis E. yle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com Counsel For: Karen A. Helm Dated: May 22, 2009 9 May 21 2009 8t20AM Boyle, Meblett & Wenger 717 737 2452 p.2 I, Kmn A. Helm, mahe the followlag stag subject to the penalties of 18 Pa,C.S. § 4904, relating to unworn falsifications to audmxity, and do ha eby state that the mitts sat forth in the fomping Complaint are true and COMOt to the best of my lcnowledgc, information W belief, nom ,?.?(• Karen A. Helm Dstod: 5/aIl09 CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing Complaint was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Joseph F. Murphy, Esquire Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Gregory E. Cassimatis, Esquire Cincinnati Insurance Company 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 ? 2fL,7 Penny A. ogers, Pare l Dated: May 22, 2009 r "r T4\ 4 FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 j murphy@forryullman. com KAREN A. HELM and DENNIS L. HELM Plaintiffs V. NATHANIEL L. GROVE and TIMOTHY P. WILKINSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 087456 JURY OF TWELVE DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT 1. This civil action arises out of a motor vehicle accident that occurred on December 29, 2006 on the Carlisle Pike in Cumberland County, Pennsylvania. (See Paragraph 5 of plaintiffs' Complaint). 2. In the Complaint, plaintiff alleges that defendant Grove struck the rear of a vehicle being operated by Timothy P. Wilkinson, causing Mr. Wilkinson's vehicle to rear end plaintiff's vehicle. (See plaintiff s Complaint at Paragraphs 7-10). 3. In the Complaint, plaintiffs aver that defendant Grove's conduct in causing the accident was "reckless," and "wanton." (See Paragraphs 1, 28, 36 and 47(b)). 4. In Count II of the Complaint, plaintiff alleges that defendant Grove was negligent per se in violating Pennsylvania statutes, which "include but are not limited to" sections 3361 and 3714 of the Vehicle Code. (Plaintiffs' Complaint at Paragraph 47). 5. In Count II of the Complaint, plaintiff alleges that defendant Grove had duties towards plaintiff under the Motor Vehicle Code at "75 Pa.C.S.A. Section 101, et sue" and that defendant breached these duties. (Plaintiffs' Complaint at Paragraph 46). 6. In Count I of the Complaint, plaintiff alleges that she sustained property damage to her vehicle and is presenting a claim therefore, but plaintiff did not specify the damages alleged. (See Paragraph 44 of plaintiffs' Complaint). 7. Plaintiffs commenced this action by the filing of a Write of Summons; however, the Complaint does not contain any allegations by plaintiff Dennis L. Helm against either of the two named defendants. I• MOTION TO STRIKE ALLEGATIONS OF "RECKLESS" AND "WANTON" CONDUCT, PURSUANT TO Pa R C P 1028(e)(4) 8. Paragraphs 1 through 7 are incorporated herein by reference as if fully set forth at length. 9. The facts alleged by plaintiffs in the Complaint, if accepted as true, as this Court must for the purposes of these preliminary objections, support a claim for negligence; however, the factual allegations of the Complaint are legally insufficient to support a claim of "recklessness" or "wanton conduct" on the part of objecting defendant. 11. Read in its entirety, plaintiffs' Complaint sets forth nothing more than a cause of action in simple negligence arising out of an automobile accident, and the facts 2 do not rise to the level of "reckless" or "wanton" conduct on the part of objecting defendant. WHEREFORE, objecting defendant respectfully requests that this Honorable Court grant these preliminary objections and order that all allegations of "reckless" and "wanton" conduct set forth in the Complaint be stricken, with prejudice. II. MOTION TO STRIKE VAGUE BOILER PLATE ALLEGATIONS OF NEGLIGENCE, PURSUANT TO Pa R C P 1028(a)(3) 12. . Paragraphs 1 through 11 are incorporated herein by reference as if fully set forth at length. 13. Although the allegations set forth in Paragraph 28 of plaintiffs' Complaint contain specific allegations of fact to support a negligence claim, Paragraph 1 of plaintiffs' Complaint, constitutes nothing more than "notice pleading,," which is improper under Pennsylvania law. 14. Furthermore, although plaintiff alleges in Paragraph 47 that defendant violated Sections 3361 and 3714 of the Vehicle Code plaintiff alleges in Paragraphs 46 through 48 that objecting defendant violated other provisions of the Motor Vehicle Code but does not specify which code provisions defendant purportedly violated. 15. Paragraphs 1 and 46 of plaintiffs' Complaint, and plaintiffs' use of the words "include but are not limited to" in Paragraph 47 of the Complaint constitute broad legal conclusions that add nothing to the specific factual allegations of the Complaint. 16. If the objectionable allegations of the Complaint are allowed to remain, objecting defendant will suffer prejudice thereby in that plaintiffs may be permitted to 3 assert as late as the date of trial factual allegations that were not previously pled and of which objecting defendant had no prior notice. 17. Pennsylvania is a fact-pleading state, and a plaintiff filing a civil complaint is required to plead with specificity so that the defendant may be put on notice of the allegations against him. 18. In the present case, the objectionable allegations of plaintiffs' Complaint do not comply with Pennsylvania law and must, therefore, be stricken. WHEREFORE, objecting defendant respectfully request that this Honorable Court grant these preliminary objections and enter an order striking Paragraphs 1 and 46 of plaintiffs' Complaint as well as the words "but are not limited to" contained in Paragraph 47. M. MOTION FOR MORE SPECIFIC PLEADING AS TO PLAINTIFF'S PROPERTY DAMAGE CLAIM PURSUANT TO Pa.R.C.P. 1028(a) 19. Paragraphs 1 through 18 are incorporated herein by reference as if fully set forth at length. 20. Pursuant to the Pennsylvania Rules of Civil Procedure, "items of special damages shall be specifically stated." Pa.R.C.P. 1019(f). 21. In the Complaint, plaintiff avers that she suffered property damage as a result of the accident, which constitutes "special damages," but plaintiff fails to specify the damages with particularity. 22. Pursuant to the Pennsylvania Rules of Civil Procedure, defendant is entitled to fair notice of the special damages that plaintiffs intend to prove at trial. 4 WHEREFORE, objecting defendant respectfully requests that this Honorable Court enter an order requiring the plaintiff to file an amended complaint alleging the special damages with specificity. IV. MOTION TO DISMISS THE CLAIM OF PLAINTIFF DENNIS L. HELM, PURSUANT TO Pa R C P 1028(a)(4) 23. Paragraphs 1 through 22 are incorporated herein by reference as if fully set forth at length. 24. There is no allegation in the Complaint that plaintiff :Dennis L. Helm was involved in the accident that is the subject of the Complaint and, presumably, the claim of Dennis L. Helm is a derivative loss of consortium claim arising out of the alleged injuries of plaintiff Karen A. Helm. 25. In the Complaint, plaintiff Dennis L. Helm does not make any allegations against objecting defendant. 26. In light of the fact that plaintiff Dennis L. Helm's claim is ostensibly a loss of consortium claim derivative of the claim of plaintiff Karen A. Helm, plaintiffs are required by Pa.R.C.P. 2228 to bring the loss of consortium claim in a single action. WHEREFORE, objecting defendant respectfully requests that this Honorable Court grant a demur as to the claim of plaintiff Dennis L. Helm for failing to state a claim upon which relief can be granted. FORRY ULLMAN BY: *forr UIRE U Dee ants DATE: 5 FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 jmurphy@forryullman.com KAREN A. HELM and DENNIS L. HELM Plaintiffs v. NATHANIEL L. GROVE and TIMOTHY P. WILKINSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 087456 JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, Beth Myers, of FORRY ULLMAN, attorneys for Defendant, Nathaniel L. Grove, certify that the within Preliminary Objections to Plaintiffs, Complaint was served, this date, by first-class mail, postage prepaid, addressed as follows: Dennis E. Boyle, Esquire Boyle, Neblett & Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Gregory Cassimatis, Esquire 4999 Louise Drive Mechanicsburg, PA 17055 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. FORRY ULLMAN, P.C. By: Date: ?EOH M LEGAL 6 ^r THE N. Y 2;' VV . . a GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANT, Timothy P. Wilkinson, vou A WRITTEN ENCLOSED oW WM4tN N16M (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE EI!TBW AO^MrBT Y01k. KAREN A. HELM and DENNIS L. HELM, Plaintiffs v. NATHANIEL A. GROVE and TIMOTHY P WILKINSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-7456 -Civil Term CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT. TIMOTHY P. WILKINSON'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Timothy P. Wilkinson, by and through his counsel, Gregory E. Cassimatis, Esquire, and Answers the Complaint of the Plaintiffs as follows: 1. These allegations constitute a legal conclusion to which no responsive pleading is required. 2. Admitted on information and belief. 3. Admitted on information and belief. 4. Admitted. 5. Admitted. 6. Admitted on information and belief. 7. Admitted that Ms. Helm was stopped at a red light on the Carlisle Pike at the intersection of Salem Church Road. As to the balance of the averments in paragraph 7 of Plaintiffs' Complaint, after a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments. 8. Admitted. 9. Admitted. 10. Admitted that Defendant, Nathaniel Grove's vehicle struck the rear of Mr. Wilkinson's vehicle which was subsequently pushed into the rear of Mrs. Helm's vehicle. 11. Admitted on information and belief. 12. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 13. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 14. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 15. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 16. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 17. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 2 18. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 19. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 20. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 21. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 22. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 23. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 24. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. 3 25. Denied. After a reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are deemed denied and strict proof thereof demanded. COUNTI KAREN HELM v. NATHANIEL GROVE (Negligence) 26-44. The allegations set forth in paragraphs 26-44 of Plaintiff's Complaint are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Timothy P. Wilkinson, demands judgment in his favor and against the Plaintiffs, together with cost of suit. COUNT II KAREN HELM v. NATHANIEL GROVE (Negligence Per Sep 25-49. The allegations set forth in paragraphs 45-49 of Plaintiff's Complaint are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Timothy P. Wilkinson, demands judgment in his favor and against the Plaintiffs, together with cost of suit. NEW MATTER 50. Plaintiffs' Complaint fails to set forth a cause of action upon which relief can be granted against the answering Defendant. 51. The answering Defendant asserts any and all available defenses pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 4 52. Any damages or injuries the Plaintiffs may have sustained were caused solely and directly as a result of the negligence of individuals other than the answering Defendant over whom the answering Defendant had no responsibility or right to control. WHEREFORE, Defendant, Timothy P. Wilkinson, demands judgment in his favor and against the Plaintiffs, together with cost of suit. Date: June 26, 2009 By: Gregory . assimatis, Esquire Attorney for Defendant Timothy P. Wilkinson 5 VERIFICATION I, Timothy P. Wilkinson, a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answer to the Complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. To the extent that the contents of this Answer to the Complaint are that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. l? Name: Date: Timothy P. Wilkinson CERTIFICATE OF SERVICE AND NOW, this 26`h day of June, 2009, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Timothy P. Wilkinson, hereby certify that I served a copy of the within Answer With New Matter to Plaintiff's Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Dennis E. Boyle, Esquire BOYLE, NEBLETT & WENGER 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 (Attorney for Plaintiffs) Joseph F. Murphy, Esquire FORRY ULLMAN 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (Attorney for Defendant Nathaniel A. Grove) By: Gregory. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 FILED-+, F'r,E OF THE PROTHONOTARY 2009 JUG 29 PH 3' 00 PENNSYLVANIA BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com KAREN A. HELM, and DENNIS L. HELM, Plaintiffs V. NATHANIEL A. GROVE, and TIMOTHY P. WILKINSON, Defendants Counsel For: Karen A. Helm : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7456 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANTS PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, comes the Plaintiff, Karen A. Helm, by and through her counsel, Dennis E. Boyle, Esquire, Joshua M. Autry, Esquire and the firm of Boyle, Neblett & Wenger, and responds to Defendants Preliminary Objections as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part; denied in part. It is admitted that Karen Helm seeks to recover for the damage to her vehicle. It is denied that she does not specify her damages. Ms. Helm details her medical problems as a result of the accident and how the damages to the vehicle were caused. 7. Admitted. Response to Motion to Strike Allegations of "Reckless" and "Wanton" Conduct Pursuant to Pa.R.C.P. 1028(a)(4) 8. No response is required. By way of further answer, Ms. Helm incorporates her answers to Paragraphs 1 through 7 above. 9. Admitted in part; denied in part. It is admitted that this Court must accept the allegations in the Complaint as true and accept as true all reasonable inferences in Ms. Helm's favor. It is also admitted that the Complaint supports a claim of negligence. It is denied that it is impermissible to characterize Defendant Nathaniel Grove's actions as "reckless" and "wanton". The Complaint alleges that Defendant Grove approached an intersection at a rapid and unsafe rate of speed, ignored the vehicles ahead of him, failed to break in time to avoid the accident, and could not stop because he failed to keep his vehicle in a proper state of repair and maintenance. Complaint ¶28. Defendant Grove hit Timothy Wilkinson's vehicle so hard that it slammed into Ms. Helm's vehicle, and the impact was significant enough to cause Ms. Helm to suffer, inter alia, strains, muscle spasms, significant pain, facial numbness, and limited cervical ranges of motion. Id. at ¶ Tl 0- 2 25. Given the factual allegations, it is a reasonable inference that Defendant Grove drove in a reckless and wanton fashion. 10. There is no Paragraph 10 in Defendant's Preliminary Objections. 11. Denied. The Complaint is a document that speaks for itself. By way of further answer, it is denied that it is impermissible to characterize Defendant Nathaniel Grove's actions as "reckless" and "wanton". The Complaint alleges that Defendant Grove approached an intersection at a rapid and unsafe rate of speed, ignored the vehicles ahead of him, failed to break in time to avoid the accident, and could not stop because he failed to keep his vehicle in a proper state of repair and maintenance. Complaint ¶ 28. Defendant Grove hit Timothy Wilkinson's vehicle so hard that it slammed into Ms. Helm's vehicle, and the impact was significant enough to cause Ms. Helm to suffer, inter alia, strains, muscle spasms, significant pain, facial numbness, and limited cervical ranges of motion. Id. at ¶ ¶ 10-25. Given the factual allegations, it is a reasonable inference that Defendant Grove drove in a reckless and wanton fashion. WHEREFORE, Plaintiff, Karen A. Helm, respectfully requests that this Court deny Defendants' Motion to Strike Allegations of "Reckless" and "Wanton" Conduct. Response to Motion to Strike Boiler Plate Allegations of Negligence Pursuant to Pa.R.C.P 1028(a)(3) 12. No response is required. By way of further answer, Ms. Helm incorporates her answers to Paragraphs 1 through 11 above. 3 13. Admitted in part; denied in part. The Complaint is a document that speaks for itself. By way of further response, it is admitted that Paragraph 28, as well as other paragraphs in the Complaint, detail the negligence of Defendant Grove. It is denied that Paragraph 1 is improper. While Pennsylvania is a fact pleading jurisdiction, see Pa.R.C.P. 1019(a) (requiring material facts to be stated), Ms. Helm has complied with the provisions of that Rule. Paragraph 1 must be read in context of the other paragraphs in the Complaint. Paragraph 1 is simply an introductory paragraph that aids the Court and the Defendants by summarizing Ms. Helm's cause of action. 14. Denied as stated. The Complaint is a document that speaks for itself. By way of further response, it is admitted that Paragraph 47 of the Complaint alleges violations of statutes "including but not limited to" Sections 3361 and 3714 ofthe Vehicle Code. However, the "including but not limited to" language does not actually allege violation of any other statutes. As Defendants note in their Preliminary Objections, Pennsylvania is a fact pleading state, and the Complaint need not isolate every statute violated by Defendant Grove. 15. Denied. The Complaint is a document that speaks for itself. By way of further response, while Pennsylvania is a fact pleading jurisdiction, see Pa.R.C.P. 1019(a) (requiring material facts to be stated), Ms. Helm has complied with the provisions of that Rule. Paragraphs 1 and 46 must be read in context of the other paragraphs in the Complaint. Paragraph 1 is simply an introductory paragraph that aids the Court and the Defendants by summarizing Ms. Helm's claims. In addition, contrary to Defendants' assertion that Paragraph 46 serves no purpose, this paragraph sets forth an essential element of any negligence claim: duty. It is further denied that the "including but not limited to" language is improper. This language does not affirmatively allege violation of 4 any other statutes, but merely acknowledges that Defendant Grove might have violated other statutes as well. As Defendants note in their Preliminary Objections, Pennsylvania is a fact pleading state, and the Complaint need not isolate every statute violated by Defendant Grove. 16. Denied. Paragraph 1 does not allow Ms. Helm to assert any facts not within the Complaint, but merely summarizes the factual allegations within the Complaint. Neither does Paragraph 46 enable Ms. Helm to assert additional facts, as it merely sets forth that Defendant Grove owed a duty to Ms. Helm to operate his vehicle in a non-negligent manner. Finally, the "including but not limited to" language does not allow Ms. Helm to allege additional facts not included in the Complaint because that language is referring to additional statutes that Defendant Grove may have violated, not additional facts. 17. Denied as stated. While Pennsylvania is a fact pleading jurisdiction, see Pa.R.C.P. 1019(a) (requiring material facts to be stated), Ms. Helm has complied with the provisions of that Rule. 18. Denied. No relief is available under Pa.R.C.P. 1028(a)(3), the section relied on by Defendants, because Ms. Helm's Complaint, when read as a whole, is sufficiently specific. Furthermore, pursuant to Pa. R.C.P. 126, this Court "may disregard any error or defect of procedure which does not affect the substantial rights of the parties." WHEREFORE, Plaintiff, Karen A. Helm, respectfully requests that this Court deny Defendants' Motion to Strike Paragraphs 1 and 46 and the language "including but not limited to" from Paragraph 47, Pursuant to Pa.R.C.P. 1028(a)(3). 5 Response to Motion for More Specific Pleading as to Plaintiffs Property Damage Claim Pursuant to Pa.R.C.P. 1028(a)(31 19. No response is required. By way of further answer, Ms. Helm incorporates her answers to Paragraphs 1 through 18 above. 20. Admitted. 21. Admitted in part; denied in part. It is admitted that Karen Helm seeks to recover for the damage to her vehicle. It is denied that she does not specify her damages. Ms. Helm details her medical problems as a result of the accident and how the damages to the vehicle were cause. It is further denied that property damages constitute special damages under Pa.R.C.P. 1019(f). 22. Denied as stated. It is denied that Ms. Helm seeks any damages that constitute "special damages" under Pa.R.C.P. 1019(f). Vehicle damage is a usual and ordinary consequence of the wrong done-negligent driving-and does not depend on any special circumstances. WHEREFORE, Plaintiff, Karen A. Helm, respectfully requests that this Court deny Defendants' Motion for More Specific Pleading Pursuant to Pa.R.C.P. 1019(f). Response to Motion to Dismiss the Claim of Plaintiff. Dennis L Helm Pursuant to Pa.R.C.P. 1028(a)(4) 23. No response is required. By way of further answer, Ms. Helm incorporates her answers to Paragraphs 1 through 22 above. 24. Admitted in part; denied in part. The Complaint is a document that speaks for itself. By way of further response, it is admitted that the Complaint contains no allegation that Dennis L. 6 Helm was involved in the underlying events. It is denied that the Complaint contains any claim based on "loss of consortium". 25. Admitted. 26. Denied as stated. The Complaint is a document that speaks for itself. By way of further response, it is denied that the Complaint contains any claim based on "loss of consortium". WHEREFORE, Plaintiff, Karen A. Helm, respectfully concurs in Defendants' request that Plaintiff, Dennis L. Helm, be dismissed. BOYLE, NEBLETT & WENGER be oyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Fax: (717) 737-2452 Email: deboyle(a,dennisboylelaw com imautr &dennisboylelaw com Dated: July 9, 2009 Counsel For: Plaintiff 7 CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Joseph F. Murphy, Esquire Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Gregory E. Cassimatis, Esquire Cincinnati Insurance Company 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 r? J2 Penny A. ogers, Para g Dated: July 9, 2009 llC: it l ?r"ip AnY 2103 .,11- - 9 i j iZ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Karen A. Helm & Dennis L. Helm, vs. Nathaniel L. Grove & Timothy P. Wilkinson No. 087456 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary objections to Plaintiffs' Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Dennis E. Boyle, Esq., 4660 Trindle Rd, Camp Hill, DA 170-11 (Name and Address) Joseph F. Murphy, Esq., 2000 Linglestown Rd, Harrisburg (b) for defendants: PA 17110 Gregory Cassimatis, Esq., 4999 Louise Dr., Mechanicsbur PA 17055 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 9, 2009 U Oscri '` F. lAyQ-eky Print your name IefcN pnfpr ?(LOVI: Date: August 12, 2009 Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. M FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 jmurphy@forryullman.com KAREN A. HELM and DENNIS L. HELM Plaintiffs V. NATHANIEL L. GROVE and TIMOTHY P. WILKINSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 087456 : JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, Beth Myers, of FORRY ULLMAN, attorneys for Defendant, Nathaniel L. Grove, certify that the within Praecipe for Listing Case for Argument was served, this date, by first-class mail, postage prepaid, addressed as follows: Dennis E. Boyle, Esquire Boyle, Neblett & Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Gregory Cassimatis, Esquire 4999 Louise Drive Mechanicsburg, PA 17055 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. FORRY ULLMAN, P.C. By: BETH M ,PARALEGAL Date: August 12, 2009 CA/A t, RID-OFFICE of THE ft NOTARY ZN9 AUG 13 Ph F: 36 CUMBERL440 Lain. PD14NYANA a PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY. (List the within matter for the next Argument Court). KAREN A. HELM and DENNIS L. HELM, Plaintiffs V. NATHANIEL A. GROVE and TIMOTHY P. WILKINSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-7456 -Civil Term CIVIL ACTION - LAW : JURY TRIAL DEMANDED 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant, Timothy P. Wilkinson's Motion for Judgment on the Pleadings 2. Identify all counsel who will argue cases: (a) for plaintiffs: Dennis E. Boyle, Esq., 4660 Trindle Rd., Camp Hill PA 17011 (b) for defendants Gregory E. Cassimatis, Esa., 4999 Louise Drive, Suite 103, Mechanicsburg PA 17055 Joseph F. Murphy, Esq., 2000 Linglestown Road, Harrisburg PA 17110 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 9, 2009 Grego assimatiis Esquire (/? / V r,e9 O. -V Print your name Timothy P. Wilkinson Attorney for Defendant INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CERTIFICATE OF SERVICE AND NOW, this 13'h day of August, 2009, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Timothy P. Wilkinson, hereby certify that I served a copy of the within Praecipe for Listing Case for Argument on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Dennis E. Boyle, Esquire BOYLE, NEBLETT & WENGER 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 (Attorney for Plaintiffs) Joseph F. Murphy, Esquire FORRY ULLMAN 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (Attorney for Defendant Nathaniel A. Grove) By:L? - _2?? - Grego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 -? ALM-OFACE / OF THE PROTHMTARY r 2f*9 AUG 13 PH 2: 24 ?t1NTY VAt+1 GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 KAREN A. HELM and DENNIS L. HELM, Plaintiffs V. NATHANIEL A. GROVE and TIMOTHY P WILKINSON, Defendants ATTORNEY FOR DEFENDANT, Timothy P. Wilkinson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-7456 -Civil Term CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT. TIMOTHY P. WILKINSON'S MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes Defendant, Timothy P. Wilkinson, by and through his counsel, Gregory E. Cassimatis, Esquire, and files this Motion for Judgment on the Pleadings pursuant to Pa.R.C.P. 1034(a) and in support thereof avers as follows: 1. Plaintiffs commenced the instant action by the filing of a Writ of Summons against the Defendants on or about December 23, 2008. 2. Thereafter, Plaintiffs filed a Complaint on or about May 27, 2009. 3. This action arises out of a motor vehicle accident which occurred on December 29, 2006 on the Carlisle Pike in Cumberland County, PA. (See paragraph 5 of Plaintiffs' Complaint). 4. In Plaintiff's Complaint, Plaintiff alleges that Plaintiff, Karen A. Helm, was stopped at a red light on the Carlisle Pike at the intersection of Salem Church Road. (See paragraph 7 of Plaintiffs' Complaint). 5. Plaintiffs' Complaint alleges that the vehicle operated by Defendant, Timothy P. Wilkinson, was also stopped in traffic and was behind her vehicle. (See paragraph 8 of Plaintiffs' Complaint). 6. Plaintiffs' Complaint alleges that Defendant, Nathaniel Grove, struck the rear of the vehicle being operated by Defendant, Timothy P. Wilkinson, causing Mr. Wilkinson's vehicle to strike the rear of Plaintiffs' vehicle. (See paragraph 10 of Plaintiffs' Complaint). 7. Plaintiffs' Complaint sets forth two counts of negligence against Defendant, Nathaniel Grove. 8. Plaintiffs' Complaint sets forth no counts of negligence against Defendant, Timothy P. Wilkinson. 9. Defendant, Timothy P. Wilkinson filed his Answer With New Matter to Plaintiffs' Complaint on or about June 29, 2009. 10. In the moving Defendant's New Matter, he alleges that Plaintiffs' Complaint fails to set forth a cause of action upon which relief can be granted against the moving Defendant. (See paragraph 50 of Defendant's Answer With New Matter to Plaintiffs' Complaint). 11. On or about June 23, 2009, Co-Defendant Nathaniel L. Grove filed Preliminary Objections to Plaintiffs' Complaint in the nature of a motion to strike allegations of "reckless" and "wanton" conduct, pursuant to Pa.R.C.P. 1028(e)(4), a motion to strike vague, boiler-plate allegations of negligence pursuant to Pa.R.C.P. 1028(a)(3), a motion for a more specific pleading as to Plaintiffs' property damage claim, pursuant to Pa.R.C.P. 1028(a)(3) and a motion to dismiss the claim of Plaintiff, Dennis L. Helm, pursuant to Pa.R.C.P. 1028(a)(4). 12. Co-Defendant's Preliminary Objections do not involve Defendant, Timothy P. Wilkinson or any allegations by the Plaintiffs against Defendant, Timothy P. Wilkinson. 2 13. Pursuant to Pa.R.C.P. 1034(a), a party may move for a judgment on the pleadings after the relevant pleadings are closed, but within such time as to not unreasonably delay the trial. 14. Plaintiffs' Complaint fails to set forth any allegations of negligence against Defendant, Timothy P. Wilkinson, who is therefore entitled to judgment on the pleadings as a matter of law. WHEREFORE, Defendant, Timothy P. Wilkinson respectfully requests that this Honorable Court grant its Motion for Judgment on the Pleadings pursuant to Pa.R.C.P. 1034(a). Respectfully submitted, Date: August 13, 2009 By: Gregory assimatis, Esquire Attorney for Defendant Timothy P. Wilkinson 3 i ' V r CERTIFICATE OF SERVICE AND NOW, this 13th day of August, 2009, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Timothy P. Wilkinson, hereby certify that I served a copy of the within Motion for Judgment on the Pleadings on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Dennis E. Boyle, Esquire BOYLE, NEBLETT & WENGER 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 (Attorney for Plaintiffs) Joseph F. Murphy, Esquire FORRY ULLMAN 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (Attorney for Defendant Nathaniel A. Grove) By: Grego W. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 fir OF P TAW 2609 AUG 13 rH 2: 24 BO?LANO COUNTY PYLVAW A BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com KAREN A. HELM, and DENNIS L. HELM, Plaintiffs V. NATHANIEL A. GROVE, and TIMOTHY P. WILKINSON, Defendants Counsel For: Karen A. Helm : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7456 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT WILKINSON'S MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes the Plaintiff, Karen A. Helm, by and through her counsel, Dennis E. Boyle, Esquire, Joshua M. Autry, Esquire and the firm of Boyle, Neblett & Wenger, and responds to Defendant Wilkinson's Motion for Judgment on the Pleadings as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. WHEREFORE, Plaintiff, Karen A. Helm, respectfully concurs in Defendant Wilkinson's request that Defendant Wilkinson be dismissed from this action. Dated: August 26, 2009 BOYLE, NEBLETT & WENGER ?a? ennis o , squire Supreme ourt I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Fax: (717) 737-2452 Email: deboyle(Idennisboylelaw.com jmautrygdennisboylelaw.com Counsel For: Plaintiff 3 CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Joseph F. Murphy, Esquire Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Gregory E. Cassimatis, Esquire Cincinnati Insurance Company 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Penny A. "Rogers, Para Dated: August 26, 2009 FILUL- r THE 20H SU -2 lruFlYt` ; ! !` KAREN A. HELM and : IN THE COURT OF COMMON PLEAS OF DENNIS L. HELM, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION-LAW NATHANIEL A. GROVE and TIMOTHY P. WILKINSON, Defendants : No. 08-7456 CIVIL TERM IN RE: DEFENDANT WILKINSON'S MOTION FOR SUMMARY JUDGMENT and DEFENDANT GROVE'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT BEFORE HESS, OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 17`h day of September, 2009, upon consideration of "Defendant, Timothy P. Wilkinson's Motion for Judgment on the Pleadings" and "Defendant's Preliminary Objections to Plaintiffs' Complaint" filed on behalf of Defendant Nathaniel A. Grove, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. Defendant, Timothy P. Wilkinson's Motion for Judgment on the Pleadings is granted; 2. Defendant's Preliminary Objections to Plaintiffs' Complaint filed on behalf of Defendant Nathaniel A. Grove (a) are granted to the extent that Plaintiff Dennis L. Helm is dismissed from the case, (b) are deemed moot to the extent that they relate to allegations of reckless or wanton conduct on the part of Defendant Grove, and (c) are otherwise denied, with the proviso that any statutory violations relied upon in the case against Defendant Grove must be implicated by the facts pled in the complaint. BY THE COURT, J. /Wesley Oler, J. ? Dennis E. Boyle, Esq. Joshua M. Autry, Esq. 4660 Trindle Road Suite 200 Camp Hill, PA 17011 Attorneys for Plaintiff Karen A. Helm ?Joseph F. Murphy, Esq. 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Attorney for Defendant Nathaniel L. Grove ,,, `6regory E. Cassimatis, Esq. 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 Attorney for Defendant Timothy P. Wilkinson C"'If i . " mial ?I 7/vQ .?fr1 KAREN A. HELM and : IN THE COURT OF COMMON PLEAS OF DENNIS L. HELM, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION-LAW NATHANIEL A. GROVE and TIMOTHY P. WILKINSON, Defendants : No. 08-7456 CIVIL TERM IN RE: DEFENDANT WILKINSON'S MOTION FOR SUMMARY JUDGMENT and DEFENDANT GROVE'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT BEFORE HESS, OLER and GUIDO, JJ. OPINION and ORDER OF COURT OLER, J., September 17, 2009. In this negligence case arising out of a three-vehicle accident, the operator of one vehicle and her spouse have sued the drivers of the other two vehicles.' Plaintiffs' complaint alleges that (a) a vehicle Plaintiff Karen A. Helm was operating was stopped at an intersection, (b) that a vehicle being operated by Defendant Wilkinson was stopped behind her, (c) that a vehicle being operated by Defendant Grove rear-ended Defendant Wilkinson's vehicle, (d) that Defendant Wilkinson's vehicle was pushed by the force of the collision into her vehicle, and (e) that she suffered personal injury and vehicle damage as a result.2 Plaintiffs' complaint contains no allegation of negligence against Defendant Wilkinson, nor does it contain a claim of any type on behalf of Ms. Helm's spouse, Plaintiff Dennis L. Helm.3 For disposition at this time are a motion for judgment on the pleadings filed by Defendant Wilkinson4 and preliminary ' Plaintiff's Complaint, filed May 27, 2009. z Plaintiff's Complaint, filed May 27, 2009. ' See Plaintiff s Complaint, filed May 27, 2009. 4 Defendant, Timothy P. Wilkinson's Motion for Judgment on the Pleadings, filed August 13, 2009. objections to Plaintiffs' complaint filed by Defendant Grove.5 The former is based upon the lack of an allegation of negligence on the part of Defendant Wilkinson.6 The latter requests that the court (a) strike allegations in Plaintiffs' complaint characterizing the conduct of Defendant Grove as "reckless" or "wanton,"' (b) strike general allegations of statutory violations,8 (c) direct a more specific pleading as to property damage,9 and (d) dismiss Plaintiff Dennis L. Helm from the action.10 Oral argument on Defendants' motions was held on September 9, 2009. At the argument, counsel indicated their agreement that the motion for judgment on the pleadings filed by Defendant Wilkinson should be granted and that the preliminary objection of Defendant Grove based upon the absence of a stated claim by Plaintiff Dennis L. Helm should be granted. In addition, counsel for Plaintiffs advised that the complaint was not seeking punitive damages, thereby mooting the preliminary objection of Defendant Grove relating to allegations of reckless and wanton conduct. For the reasons stated in this opinion, the remaining preliminary objections of Defendant Grove will be denied. STATEMENT OF FACTS The general allegations of Plaintiffs' complaint have been summarized above. With specific reference to negligence per se on the part of Defendant Grove, Plaintiffs' complaint alleges the following: s Defendant's Preliminary Objections to Plaintiffs' Complaint, filed June 23, 2009. 6 Defendant, Timothy P. Wilkinson's Motion for Judgment on the Pleadings, ¶14, filed August 13, 2009. Defendant's Preliminary Objections to Plaintiffs' Complaint, ¶¶8-11, filed June 23, 2009. 8 Defendant's Preliminary Objections to Plaintiffs' Complaint, ¶¶12-18, filed June 23, 2009. 9 Defendant's Preliminary Objections to Plaintiffs' Complaint, ¶¶19-22, filed June 23, 2009. 10 Defendant's Preliminary Objections to Plaintiffs' Complaint, ¶¶23-26, filed June 23, 2009. 2 46. Among the duties owed by Defendant Grove were those contained in relevant statutes within the Motor Vehicle Code of The Commonwealth of Pennsylvania, 75 Pa. C.S.A. §10f. et seq. 47. Sections of the Motor Vehicle Code violated by Defendant Grove include but are not limited to the following: a. Section 3361, which required Defendant Grove to operate his vehicle at a safe and appropriate speed when approaching the intersection and in such a manner so as to be able to stop within the assured clear distance ahead; and b. Section 3714, which required Defendant Grove to otherwise drive his vehicle upon the highway in a manner so as to not endanger persons and property in a reckless manner with careless disregard to the rights and safety of others. 11 With specific reference to property damage, Plaintiffs' complaint alleges the following: 44. Plaintiff Karen Helm also suffered property damage to her vehicle, and claim is made therefor. 12 DISCUSSION Pleading of statutes. With respect to the pleading of statutes, it is well settled that "[s]tatutes need not be specifically pleaded." Shut v. Koff, 175 Pa. Super. 37, 39, 100 A.2d 393, 395 (1953). On the other hand, it is equally well settled that a "complaint must set forth sufficient facts to bring the case within the statute in question." Id.; see Commonwealth, Department of Transportation v. Shipley Humble Oil Co., 29 Pa. Commw. 171, 370 A.2d 438 (1977). Accordingly, Defendant Grove's preliminary objection requesting the court to strike Plaintiffs' general allegation of statutory violations will be denied, with the proviso that any statutes determined to have been encompassed by the generality must have been implicated by the facts pled. Pleading of property damage. Under Pennsylvania Rule of Civil Procedure 1019(f), it is provided that "[a]verments of time, place and items of special 11 Plaintiff's Complaint, ¶¶46-47, filed May 27, 2009. 12 Plaintiffs' Complaint, 144, filed May 27, 2009. 3 damage shall be specifically stated." In this regard, the Pennsylvania Commonwealth Court has stated: Damages are either general or special. General damages are those that are the usual and ordinary consequences of the wrong done. Special damages are those that are not the usual and ordinary consequences of the wrong done but which depend on special circumstances. General damages may be proven without specifically pleading them; however, special damages may not be proved unless special facts giving rise to them are averred. Hooker v. State Farm Fire and Casualty Co., 880 A.2d 70, 77 (Pa. Commw. Ct. 2005) (citations omitted). In a personal injury action arising out of a motor vehicle accident, damage to a vehicle titled to the plaintiff is, to say the least, not an invariable consequence of the event; accordingly, courts have generally regarded such a loss as an item of "special damage." See, e.g., Templin v. Harbold, 210 Pa. Super. 310, 311 n.3, 231 A.2d 883, 884 n.3 (1967) ("Plaintiff's claims for special damages include ... $805 damage to his car); Scott v. Curtis, 200 Pa. Super. 44, 46, 186 A.2d 403, 404 (1962) ("[In this action of trespass for personal injuries, special damages, aside from vehicle damage and lost earnings, totaled $679") (emphasis added); cf. Rosenblum v. United Natural Gas Co., 14 Pa. D. & C.2d 239 (Mercer Co. 1958) (holding that, in general, property damages must be pled with particularity). 13 "What constitutes sufficient particularity to adequately inform defendant of plaintiff's claim is incapable of precise measurement, and is within the broad discretion of the trial court." Becchetti v. PennDOT, 51 Pa. D. & C.4th 300, 305 (Lackawanna Co. 2001) (citation omitted). In the present case, Plaintiffs' complaint has particularized the type of property damage claimed by limiting it to physical damage sustained as the result of the accident sub judice by the vehicle Plaintiff was operating. While Plaintiffs might be ordered to itemize each component of the vehicle damaged and to attach 13 Indeed, in a motor vehicle accident case sounding in negligence, a plaintiffs cause of action for vehicle damage represents a claim distinct from his or her cause of action for personal injury. Hodgen v. Summers, 382 Pa. Super. 348, 555 A.2d 214 (1989). 4 to the complaint estimates for their repair, the court is of the view that in this case such detail can be relegated to the discovery process. For the foregoing reasons, the following order will be entered: ORDER OF COURT AND NOW, this 17th day of September, 2009, upon consideration of "Defendant, Timothy P. Wilkinson's Motion for Judgment on the Pleadings" and "Defendant's Preliminary Objections to Plaintiffs' Complaint" filed on behalf of Defendant Nathaniel A. Grove, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. Defendant, Timothy P. Wilkinson's Motion for Judgment on the Pleadings is granted; 2. Defendant's Preliminary Objections to Plaintiffs' Complaint filed on behalf of Defendant Nathaniel A. Grove (a) are granted to the extent that Plaintiff Dennis L. Helm is dismissed from the case, (b) are deemed moot to the extent that they relate to allegations of reckless or wanton conduct on the part of Defendant Grove, and (c) are otherwise denied, with the proviso that any statutory violations relied upon in the case against Defendant Grove must be implicated by the facts pled in the complaint. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. 5 Dennis E. Boyle, Esq. Joshua M. Autry, Esq. 4660 Trindle Road Suite 200 Camp Hill, PA 17011 Attorneys for Plaintiff Karen A. Helm Joseph F. Murphy, Esq. 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Attorney for Defendant Nathaniel L. Grove Gregory E. Cassimatis, Esq. 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 Attorney for Defendant Timothy P. Wilkinson 6 R iol;_. OF THE 2069 SEP 17 PH ? t' w NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 KAREN A. HELM and DENNIS L. HELM Plaintiffs V. NATHANIEL L. GROVE Defendant rr ! c ? }ry ,H" 1 2r 1g FEB 24 E r S 2' i'Lv IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 087456 JURY OF TWELVE DEMANDED DEFENDANT GROVE'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT days from the date of service hereof or a default judgment may be entered against you I. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 2. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. 3. Admitted. 4. No response is required, as defendant Wilkinson has been dismissed from this action. 5. The averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 6. The averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 7. The averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 8. The averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 9. The averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 10. Admitted in part and denied in part. It is admitted that defendant Nathanial A. Grove was the driver of a 1999 Dodge Intrepid. The remaining averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 11. Admitted. 12. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 13. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 2 14. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 15. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 16. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 17. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 18. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if 3 relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 19. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 20. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 21. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 22. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 4 23. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 24. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 25. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. Furthermore, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). COUNTI KAREN HELM VS. NATHANIAL GROVE NEGLIGENCE 26. Defendant's answers to paragraphs 1 through 25 of plaintiffs' complaint are incorporated herein as though fully set forth at length. 27. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 5 28. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 29. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 30. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 31. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 32. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 33. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the 6 averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 34. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 35. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 36. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 37. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 38. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 7 A The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 40. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 41. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 42. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 43. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 44. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the s averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). COUNT II KAREN HELM VS. NATHANIAL GROVE NEGLIGENCE PER SE 45. Defendant's answers to paragraphs 1 through 44 of plaintiffs' complaint are incorporated herein as though fully set forth at length. 46. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 47. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 48. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 49. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 9 WHEREFORE, answering defendant respectfully requests that this Honorable Court dismiss plaintiffs' complaint in its entirety, with prejudice and enter judgment in favor of defendant against plaintiffs. NEW MATTER 50. Answering Defendant incorporates herein their answers to paragraphs 1 through 49 of Plaintiff's Complaint as though fully set forth at length. 51. The applicable Statute of Limitations may have expired prior to the proper institution of this action. 52. Answering Defendant was not negligent. 53. Plaintiff may have failed to state a cause of action upon which relief can be granted. 54. Any acts or omission of Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or the losses of Plaintiff. 55. The incident and/or damages described in Plaintiff s Complaint may have been caused or contributed to by the Plaintiff. 56. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiff. 57. Plaintiff may have assumed risk. Plaintiff may have been contributorily negligent. 58. The incident, injuries and/or damages alleged to have been sustained by Plaintiff were not proximately caused by Answering Defendant. 10 59. Plaintiff may have failed to mitigate their damages. 60. Plaintiff may have selected the "limited tort" option under their motor vehicle insurance policy, thereby waiving any non-economic damages claim for injuries that are not found to be serious. 61. Defendant hereby avers that the injuries sustained by Plaintiff, if any, were not "serious" under the statute, thereby negating any non-economic claim by Plaintiff. 62. Plaintiff's recovery of this case, if any, is limited by the provisions of 75 Pa.C.S.A. §1720 and §1722. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint, in its entirety, with prejudice. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: DATE: 217,110 Att ey I.. No. 78119 20 0 Linglestown Road.. Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant 11 VERIFICATION I, JOSEPH F. MURPHY, ESQUIRE, having read and prepared the attached, hereby verifies that the foregoing pleading is the language of counsel and is based on information gathered by counsel in the pursuit of this action and information filed of record. I verify that I am authorized within my purview as counsel of record for Defendant, Nathaniel Grove, to make this verification on behalf of Defendant that the signature of the Defendant, Nathaniel Grove, to this pleading cannot be obtained within the time allowed for filing this pleading; and that the facts set forth in the forgoing pleading are based upon interviews and conversations with Defendant, Nathaniel Grove, and are true and correct to the best of my information and belief. This verification is made pursuant to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities. FORRY ULLMAN By: /,Z Ito Date: Z FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 j murphy@forryullman. com KAKtJN A. HELM and : IN THE COURT OF COMMON PLEAS DENNIS L. HELM : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 087456 NATHANIEL L. GROVE Defendants : JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, Joseph F. Murphy, of FORRY ULLMAN, attorneys for Defendant, Nathaniel L. Grove, certify that the within Answer to New Matter was served, this date, by first-class mail, postage prepaid, addressed as follows: Dennis E. Boyle, Esquire Boyle, Neblett & Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. FORRY ULLMAN, P.C. Date: 2 /y 2 //a 12 BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com C C= s ,T o ? ti o co Counsel For: Karen A. Helm KAREN A. HELM, Plaintiff IN THE RLAANRD OF COMMON PLEAS UNTY, PENNSYLVANIA CUMBERL . : NO. 08-7456 CIVIL TERM V. NATHANIEL A. GROVE, Defendant CIVIL ACTION -LAW : JURY TRIAL DEMANDED MOTION TO DISMISS DEFENDANT'S OBJE TNS iN DO AND NOW, comes the Plaintiff, Karen A. Helm, by and through her counsel, Dennis E. Bo le, Esquire, Joshua M. Autry, Esquire and the firm of Boyle,Neblett & Wenger, and requests this y court to dismiss Defendant Nathaniel A. Grove's objections to her Interrogatories and Requests for Production, and in support thereof avers as follows: 1 _ This action was commenced by filing a Praecipe for Writ of Summons on December 23, 2008. 2. A Complaint was filed on May 27, 2009. 3. On September 17, 2009, this Court entered an Order dismissing then-Plaintiff Dennis Helm and then-Defendant Timothy Wilkinson, leaving Karen Helm (hereinafter "Plaintiff') Nathaniel Grove (hereinafter "Defendant") as the only parties to this action. 4. Plaintiff claims that Defendant drove negligently and struck a car driven by Mr. Wilkinson, which in turn struck Plaintiffs vehicle. Complaint ¶$ 9,28-38. 5. On February 2, 2010, Plaintiff sent Interrogatories to Defendant. The relevant Interrogatories are attached hereto as Exhibit "A". 6. Interrogatory 20 sought the date and time that Defendant purchased his vehicle. 7. Interrogatory 21 sought the name of the facility where Defendant's vehicle was serviced and received repairs. 8. On February 3, 2010, Plaintiff sent Requests for Production to Defendant. The relevant Requests for Production are attached hereto as Exhibit "B". 9. Request 2 sought "[a]ll investigative reports, memoranda, interview summanes, notes, or similar documents which relate to the subject matter of this litigation, including but not limited to, items prepared by Defendant's insurers, investigators, or other similarly situated individuals." 10. Request 6 sought "all vehicle service and repair records as well as proof of ownership of your vehicle." 11. On February 17, 2010, Defendant sent Plaintiff Objections to, inter alia, Interrogatories 20 and 21 and Requests for Production Nos. 2 and 6. Defendant's Objections to 2 Plaintiffs Interrogatories and Defendant's Objections to Plaintiff's Request for Production of Documents are attached hereto as Exhibits "C" and "D", respectively. 12. Defendant objects to Interrogatories 20 and 21 and to Request for Production No. 6 on relevance grounds. 13. However, Defendant has claimed that the accident occurred because of brake failure. See Notification of Accident Investigation p. 1, attached hereto as Exhibit "E". 14. Accordingly, his maintenance and repair records are relevant to this claim. 15. In addition, these records would reveal the identity and contact information for his mechanic, a witness to the condition of his brakes. 16. Furthermore, Defendant claimed at his deposition that he failed to brake properly because was not used to driving the car. Def. Dep. at 9:18-21,15:18, attached hereto as Exhibit "F" 17. At one point, Defendant claimed that he had the car for four or five months prior to the accident. Id. at 8:1-3. However, at a later point, he said he could not remember. Id. at 12:8-9. 18. Defendant's ownership records-which would show how long he had been driving his car-are clearly relevant to his claim that he was not familiar with the car. 19. Defendants objects to Request for Production No. 2-seeking, inter alia, reports and witness statements prepared by investigators and insurers-as trial preparation material and under the attorney-client privilege. 20. Contrary to Defendant's claim, Plaintiff is entitled to materials prepared by Defendant's representatives other than his attorney, except for the representative's "mental 3 ¦ impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting stategy or tactics." Pa.R.C.P. No. 4003.3 (emphasis added). 21. Indeed, the Comments to Rule 4003.3 explain, "Memoranda or notes made by the representative are not protected." Pa.R.C.P. No. 4003.3, Cmt. ¶ 2. 22. Finally, under Rule 4003.4, Plaintiff is entitled to any and all witnesses statements, even if taken by a party's representative. 23. As for the attorney-client privilege, the relevant statute provides in pertinent part, "counsel shall not be competent or permitted to testify to confidential communications made to him by his client ...." 42 Pa.C.S.A. § 5928. 24. The attorney-client privilege simply does not apply. Request No. 2 does not seek information disclosed by Defendant to his attorney; rather, it seeks information from "insurers, investigators, or other similarly situated individuals." 4 WHEREFORE, Plaintiff, Karen A. Helm, respectfully requests that this Court dismiss Defendant's Objections to Interrogatories 20 and 21 and to Requests for Production Nos. 2 and 6 and to further order Defendant to respond to Interrogatories 20 and 21 and to Requests for Production Nos. 2 and 6 within thirty days. BOYLE, NEBLETT & WENGER /-De oyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Fax: (717) 737-2452 Email: deboylegdennisboylelaw.com jmautry-gde? isboylelaw.com Counsel For: Plaintiff Dated: March 3, 2010 5 ¦ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7456 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED ORDER BY THE COURT: J. KAREN A. HELM, Plaintiff V. NATHANIEL A. GROVE, Defendant AND NOW this day of 2010, upon consideration of the Plaintiff's Motion to Dismiss Defendant's Objections to Interrogatories and Requests for Production of Documents, said Motion is granted. Defendant's Objections to Interrogatories 20 and 21 and to Requests for Production Nos. 2 and 6 are hereby dismissed. Furthermore, Defendant is ordered to respond to Interrogatories 20 and 21 and to Requests for Production Nos. 2 and 6 within thirty days of the entry of this Order. 6 CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Joseph F. Murphy, Esquire Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Sara J. Ber bile, Paralegal Dated: March 3, 2010 EXHIBIT "A" BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com KAREN A. HELM, Counsel For: Karen A. Helm : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-7456 CIVIL TERM NATHANIEL A. GROVE, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT NATHANIEL L. GROVE AND NOW comes the Plaintiff, Karen A. Helm, by and through her counsel, Boyle, Neblett & Wenger, and submit the following Interrogatories to the Defendant Nathaniel A. Grove and hereby requests that the Defendant responds to the following Interrogatories within thirty (30) days after service of the Interrogatories upon you in accordance with Pennsylvania Rule of Civil Procedure 4006. These Interrogatories are continuing and any information secured subsequent to the filing of your Answers, which would have been included in your Answers had it been known or available, is to be supplied by Supplemental Answers. Further, the party to whom these Interrogatories are addressed has a duty to supplement their responses if they know that the responses were incorrect when made or if they know that the reasons, though correct when made, are no longer true. DEFINITIONS AND INSTRUCTIONS DEFINITIONS: (A) "Plaintiff', "Plaintiffs" and/or Karen A. Helm or Dennis L. Helm, shall mean the Plaintiff of this action and/or any officer, employee, agent, or any other person acting on behalf of the Plaintiff. (B) "Defendant", "Defendants", "you", "yours" and/or Nathaniel L. Grove or Timothy P. Wilkinson, shall mean the Defendants of this action and/or any officer, employee, agent, or any other person acting on behalf of the Defendants. (C) "Document" shall mean all written, printed or graphic matter of every kind or description, however produced or reproduced, whether drafted or final, original or reproduction, signed or unsigned, and regardless of communications, letters, correspondence, memoranda, minutes, notes, photographs, slides, motion pictures, diagrams, sketches, telegrams, telex messages, tape or sound recordings, 2 recordings of any type, contracts, agreements, purchase of sale orders, records of memoranda of telephone conversations or personal conversations, diaries, calendars, minutes, notes of conferences or meetings, interoffice communications, opinions, hospital and medical records, statistical records, measurements, journals, books, magazines, brochures, newsletters, affidavits, statements, summaries, reports, studies, bills, receipts, logs, checks, checkbooks, invoices, requisitions, computer printouts, worksheets, work papers, personal expense accounts, or material similar to any of the foregoing; however denominated and by whomever prepared and to whomever addressed which are in your possession, custody or control or to which you have, have had, or can obtain access. "Document" shall not include exact duplicates when originals are available, but shall include all copies made different from originals by virtue of any writing or notation thereon. (D) When used in reference to an individual person, "identify" or "identity" means to state such person's full name and present or last known address and telephone number, and contemporaneous or last known position and business affiliation at the time in question. When used in reference to a business organization or entity other than an individual, "identify" or "identity" means to state the full name, its principal business address, and the nature of the organization (e.g., corporation, partnership, etc.). When used in reference to a writing or document, "identify" or 3 "identity" means to set forth its date, its author, designated and actual recipients, type of writing or document, and identity or its present or last known custodian. (E) "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the Complaint or similar pleading. (F) "Person" or "Persons" include the singular and plural of natural persons, partnerships, associations, corporations, organizations, governments (including all instrumentalities, officers, agents, and subdivisions thereof) and all other business, legal or artificial entities. INSTRUCTIONS INSTRUCTIONS: (A) All Interrogatories are to be answered in writing, verified, and served upon undersigned counsel within thirty (30) days upon service upon you in accordance with PA Rule of Civil Procedure 4006. In answering these Interrogatories, you must furnish all information which is available to you, including that which has been obtained by and that which is now in the possession of your attorneys, employees, insurers, agents and other representatives, and not merely the information known by the individual or individuals preparing the response. (B) If you are unable to answer any of the within Interrogatories fully and completely, after exercising due diligence to secure the information necessary to make 4 such full and complete answers, so state, and in addition, answer each such Interrogatory to the fullest extent possible, specifying your knowledge, and your inability to answer the remainder, and state whatever information or knowledge you may have concerning the unanswered portions thereof. (C) If you file objections to any of the Interrogatories propounded herein, you must nevertheless answer the remaining Interrogatories within the required period of time. (D) With respect to each Interrogatory, in addition to supplying the information asked for and identifying the specific documents referred to, identify all documents which are referred to in preparing your answer thereto. (E) If any document is withheld on the grounds that it is privileged, or that it constitutes an attorney's work product, or for any other reason, please identify each such document by stating: 1. The type of document (e.g., letter, memoranda, etc.); 2. The date of the document; 3. The name and address of the author of the document; 4. The name and address of each recipient of the document; 5. The general subject matter of the document; 5 6. The name and address of the custodian of the document and the designation of the file(s) in which the document is located; 7. The precise basis on which the document is being withheld. These Interrogatories shall be deemed to be continuing so as to require you to supplement your answers in a timely fashion upon the discovery or creation of other documents coming within the terms of these Interrogatories between the time of your initial response hereto and final judicial determination of this action. 6 20. Please identify when and where your vehicle was purchased. ANSWER: 26 21. Please identify the facility where your vehicle was serviced and received any repairs . 27 BOYLE, NEBLETT & WENGER De s E. Bo squire S reme Cofff I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com Counsel For: Karen A. Helm Dated: February 2, 2010 29 CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing Complaint was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Joseph F. Murphy, Esquire Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Sara J. Berk ile, Paralegal Dated: February 2, 2010 EXHIBIT "B" BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 4%18 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com .. - jmautry@dennisboylelaw.com KAREN A. HELM Plaintiff V. NATHANIEL A. GROVE Defendant Counsel For: Karen A. Helm : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7456CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT NATHANIEL,L. GROVE AND NOW comes the Plaintiff, Karen A. Helm, by and through her counsel, Boyle, Neblett & Wenger, and submit the following Request For Production of Documents to the Defendant Nathaniel A. Grove and hereby request that the Defendant responds to the following Requests within thirty (30) days after service of the Requests upon you in accordance with Pennsylvania Rule of Civil Procedure 4009. These Requests are continuing and any information secured subsequent to the filing of your Responses, which would have been included in your Responses had it been known or available, is to be supplied by Supplemental Responses. Further, the party to whom these Requests are addressed has a duty to supplement their responses if they know that the responses were incorrect when made or if they know that the reasons, though correct when made, are no longer true. DEFINITIONS AND INSTRUCTIONS DEFINITIONS: (A) "Plaintiff', "Plaintiffs" and/or Karen A. Helm or Dennis L. Helm, shall mean the Plaintiff of this action and/or any officer, employee, agent, or any other person acting on behalf of the Plaintiff. (B) "Defendant", "Defendants", "you", "yours" and/or Nathaniel L. Grove or Timothy P. Wilkinson, shall mean the Defendants of this action and/or any officer, employee, agent, or any other person acting on behalf of the Defendants. (C) "Document" shall mean all written, printed or graphic matter of every kind or description, however produced or reproduced, whether drafted or final, original or reproduction, signed or unsigned, and regardless of communications, letters, correspondence, memoranda, minutes, notes, photographs, slides, motion 2 pictures, diagrams, sketches, telegrams, telex messages, tape or sound recordings, recordings of any type, contracts, agreements, purchase of sale orders, records of memoranda of telephone conversations or personal conversations, diaries, calendars, minutes, notes of conferences or meetings, interoffice communications, opinions, hospital and medical records, statistical records, measurements, journals, books, magazines, brochures, newsletters, affidavits, statements, summaries, reports, studies, bills, receipts, logs, checks, checkbooks, invoices, requisitions, computer printouts, worksheets, work papers, personal expense accounts, or material similar to any of the foregoing; however denominated and by whomever prepared and to whomever addressed which are in your possession, custody or control or to which you have, have had, or can obtain access. "Document" shall not include exact duplicates when originals are available, but shall include all copies made different from originals by virtue of any writing or notation thereon. (D) When used in reference to an individual person, "identify" or "identity" means to state such person's full name and present or last known address and telephone number, and contemporaneous or last known position and business affiliation at the time in question. When used in reference to a business organization or entity other than an individual, "identify" or "identity" means to state the full name, its principal business address, and the nature of the organization (e.g., corporation, 3 partnership, etc.). When used in reference to a writing or document, "identify" or "identity" means to set forth its date, its author, designated and actual recipients, type of writing or document, and identity or its present or last known custodian. (E) "Incident' 'means the occurrence that forms the basis of a cause of action or claim for relief set forth in the Complaint or similar pleading. (F) "Person" or "Persons" include the singular and plural of natural persons, partnerships, associations, corporations, organizations, governments (including all instrumentalities, officers, agents, and subdivisions thereof) and all other business, legal or artificial entities. INSTRUCTIONS (A) All Requests for Production of Documents are to be answered in writing, verified, and served upon undersigned counsel within thirty (30) days upon service upon you in accordance with Pennsylvania Rule of Civil Procedure 4009.12. In answering these Requests for Production, you must furnish all information which is available to you, including that which has been obtained by and that which is now in the possession of your attorneys, employees, insurers, agents and other representatives, and not merely the information known by the individual or individuals preparing the response. (B) If you are unable to answer any of the within Requests for Production fully and completely, after exercising due diligence to secure the information necessary to make such full and complete answers, so state, and in addition, answer each such Request for Production of Documents to the fullest extent possible, specifying your knowledge, and your inability to answer the remainder, and state whatever information or knowledge you may have concerning the unanswered portions thereof. 4 (C) If you file objections to any of the Requests for Production of Documents propounded herein, you must nevertheless answer the remaining Requests for Production of Documents within the required period of time. (D) With respect to each Request for Production of Document, in addition to supplying the information asked for and identifying the specific documents referred to, identify all documents which are referred to in preparing your answer thereto. (E) If any document is withheld on the grounds that it is privileged, or that it constitutes an attorney's work product, or for any other reason, please identify each such document by stating: 1. The type of document (e.g., letter, memoranda, etc.); 2. The date of the document; 3. The name and address of the author of the document; 4. The name and address of each recipient of the document; 5. The general subject matter of the document; 6. The name and address of the custodian of the document and the designation of the file(s) in which the document is located; 7. The precise basis on which the document is being withheld. (F) These Requests for Production of Documents shall be deemed to be continuing so as to require you to supplement your answers in a timely fashion upon the discovery or creation of other documents coming within the terms of these Requests for Production of Documents between the time of your initial response hereto and final judicial determination of this action. 5 2. All investigative reports, memoranda, interview summaries, notes, or similar documents which relate to the subject matter of this litigation, including but not limited to, items prepared by Defendant's insurers, investigators, or other similarly situated individuals. RESPONSE: 7 6. Produce a copy of all vehicle service and repair records as well as proof of ownership of your vehicle. RESPONSE: 11 BOYLE, NEBLETT & WENGER E. Bj;i sq re e Co o. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com Counsel For: Karen A. Helm Dated: February 3, 2010 16 CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing Complaint was served by United States First Class Mail, postage pre- paid, upon those person(s) listed below: Joseph F. Murphy, Esquire Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Sara J. B ebile, Paralegal Dated: February 3, 2010 EXHIBIT "C" FORRY ULLMAN By: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 j murphy@forryullman. com KAREN A. HELM and IN THE COURT OF COMMON PLEAS DENNIS L. HELM CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs NO. 087456 NATHANIEL GROVE JURY OF TWELVE DEMANDED Defendants DEFENDANT'S OBJECTIONS TO PLAINTIFF'S INTERROGATORIES Defendant objects to the continuing nature of these interrogatories and will not agree or acquiesce to the procedure suggested by plaintiff. Defendant will supplement these responses to the extent required by the Pennsylvania Rules of Civil Procedure and Orders of Court. 5. Defendant objects to this interrogatory in that it seeks information protected by defendant's right to privacy. Defendant does not contend that any physical ailments or disabilities contributed to the happening of the accident that is the subject of plaintiff's complaint. 14. Defendant objects to this interrogatory in that it seeks information protected by defendant's right to privacy. 20. Defendant objects to this interrogatory in that the information sought therein is neither relevant, nor reasonably calculated to lead to the discovery of admissible evidence. 21. Defendant objects to this interrogatory in that the information sought therein is neither relevant, nor reasonably calculated to lead to the discovery of admissible evidence. FORRY ULLMAN By Att? I.D. No. 79119`-l 200 Linglestown Rd, Ste. 301 Harrisburg, PA 17110 Attorney for Defendant Dated: 2 1 IT I to FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 jmurphy@forryullman.com KAREN A. HELM and : IN THE COURT OF COMMON PLEAS DENNIS L. HELM : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 087456 NATHANIEL L. GROVE Defendants : JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, Joseph F. Murphy, of FORRY ULLMAN, attorneys for Defendant, Nathaniel L. Grove, certify that the within Objections to Plaintiff's Interrogatories were served, this date, by first-class mail, postage prepaid, addressed as follows: Joshua Autry, Esquire Boyle, Neblett & Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. FORRY ULLMAN, P.C. By: Date: 2 rl?-! I D 12 EXHIBIT "D" FORRY ULLMAN By: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 j murphy@forryullman.com KAREN A. HELM and DENNIS L. HELM Plaintiffs VS. NATHANIEL GROVE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 087456 JURY OF TWELVE DEMANDED DEFENDANT'S OBJECTIONS TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Defendant objects to the continuing nature of these Requests and will not agree or acquiesce to the procedure suggested by plaintiff. Defendant will supplement these responses to the extent required by the Pennsylvania Rules of Civil Procedure and Orders of Court. 2. Defendant objects to this Request to the extent that it seeks documents protected from disclosure by Pa.R.C.P. 4003.3 and the attorney/client privilege. 5. Defendant objects to providing any documents responsive to this request in that the documents are protected from disclosure by defendant's right to privacy. 6. Defendant objects to producing the documents requested herein in that the documents requested are neither relevant, nor are they reasonably calculated to lead to the discovery of admissible evidence. Furthermore, the request is overly burdensome to defendant. FORRY ULLMAN By Js t Ubmey I.D. N . 781 9 00 Linglestown Rd, Ste. 301 Harrisburg, PA 17110 Attorney for Defendant Dated: 2(11(10 FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 jmurphy@forryullman.com KAREN A. HELM and : IN THE COURT OF COMMON PLEAS DENNIS L. HELM : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 087456 NATHANIEL L. GROVE Defendants : JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, Joseph F. Murphy, of FORRY ULLMAN, attorneys for Defendant, Nathaniel L. Grove, certify that the within Objections to Plaintiff's Request for Production of Documents were served, this date, by first-class mail, postage prepaid, addressed as follows: Joshua Autry, Esquire Boyle, Neblett & Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. By: 2(1''10 12 FORRY ULLMAN, P.C. EXHIBIT 66 E" NOTIFICATION OF ACCIDENT INVESTIGATION HAMPDEN TOWNSHIP POLICE DEPARTMENT 230 SOUTH SPORTING HLL ROAD, MEO MICSBURG, PA 17055-= (117) 761-2609 - R Notice Is hereby yhm 00 the a dit t k4cdod below Is b*Q kwestioeeed by Hampden TownsW Police Depertrrbent Section er?Section thd at the CormnabweeM of Pwmytmft Polloe Acddent Report will be wWn tted 37480 of the Vehicle Code: ? on pres~ by NON ABLE: This Is a NON-RE?ORTABLF acckWd as proscribed by the Vehkis Cods. The kftffr ftft l Is obfakW by ft OHber for your corwenisim In haft the proper kvkur = for your hb mme =Tweny. '?? TW IS THE MY INFORMATION THE POLICE WILL HAVE NO RE PW WILL BE MADE. UW LEBAUY OW Y? _ LE ?aaZ- NOW o N ? N PA MILE OR PA TITI.E OR ATE VIN I i `2 e!a DMll?i °WW' z. 0WW OWM A? W* STS ATE Zr c M C", Sam a ZIP WI)E & YEAR . MAKE YEAR :. MAKE s{? M MIS. N ? ? lMN( (NDT BOOMTYPQ ktf-;jpvt4\ .?=...-_:INS.IeN ? LINK ? .._.._ _ TYPE) VEHICLE QPAWW MAW a IMPACT fz' VBIICLE -NUMBER DRIVER IN -MrIPl1CT { .: . STATE 0Wm NAME NAME D AWRESS DRIVER ADDRESS CITY. STATE CODE IP CITY STATE a ZIP CODE & Z o SEX ? t 4 {i- U(o Soc ? -7 0 l le I V 3 - 77 U o COMM. tlBl. Y0 oR Bi W Cy 0 vEN. 17-1 ? DRNER CARRIER CARRIER cow CARRIER ADDRESS AGGWRESS A STATE CITY. STATE. a ZIP CODE a ZIP CDDE ICC / I m S USDOT / ICC ! PLIC M USDOT / VBI. CAW Gm Ym. Co" Gm GAR00 nw _.. BOGY TYPE CONRO. ND. OF BODY TYPE OF NAZ RELEASE 1S1S S . AX 'RELEASE OF HAZ MAT Y ? N ?: UNK 13 AXLES HA UNK ? N ? Y ? coMP""Y INatlfwNC? ... "'" ?! ? CX? n A ?? ?i?cti.!'>?I.?e 6 EJOUVAC E _ N? sS< ?rC M'OI MAATION Pom No. 1? (? wPOllall?,ION -=#- ,?, d 1 -uNTTSt - .J DESCRIPTION OF MOM PROPERTY OWWR ADDRESS - i ?? . _ r a..? 3 2 Y,3 4 NOTIFICATION OF ACCIDENT INVESTIGATIO.N MMMEN TOWNSHIP PO " DEPM ME,NT GAD, MEBURG, PA 17055-309T0_07M 761-2609_ MO SOUTH SPOKM HLL R Tdwrbhlp : NoBce is hereby given tW the aodderrt kwllpded below Is bAV_ VwWated by Hm"xw Pollm Dspwtnerd.and that the C mmmwodM of PerwMWarrrla Poke AwkW t Report will be suWn ted ee prescribed by SmAw 374No) of the Vehlole Code. NON-REPORTABLE: This to a NON-RATABLE aocidw t asp osal and by the Vd*ie Cade. Tto krlanrraUo kV_ "'r'li;'d bw is obMkmd by ths Mow for year coman1 rrce In tmty the proper k* medion for yair kwwra m company. THIS IS THE ONLY INFORMATION THE POLICE WILL HAVE NO REPORT WILL. WE MADE. Sa w W -42 EGALLY Y I IEB. sloA, 1 ' LEGALLYw Y ?N? PAslAw - . IEB. ..:;_ 1- PLATE SINE . NNW. .. PA TITLE OR P 4 14 ? ;Q`? to S, VS 1-7 AMUOR Owo-smm - OWNER . OWiEii .. W<? AObEBS EM^`? C OWw ADDRESS an, STATE rA- a STATE CO. a ZIP CODE YM Z MAKE w. cc.- YEAR MAKE., (NOT IRIS. Y (?cN ? UNK ? BODY TYPQ. N?.? N ? UNK ? N o INFRAI. RWACT m m ALL ) IBR POINT GRADIENT O DRIVER STATE DRAVER DWYER NAME N Dwm ADDRESS CRY, STATE . CM, STATE CoDE azw cooE - a aP sEx F T _, .. . vt . 0000lA ? _ cow. VEN. ON*" YO N CLASS DIM SS N N O 0 / CW40ER CARRIER CARRIER CARRIEII ADDRESS w ADDRESS STATE CITY, STATE a zw coDE _ a aP cooE ICC * s PUC t ICC If Puce USDOT / USOOT I AM Om VtfL CAM Gm WK C . BODY TYPE HAZAR DOUS RELEASE OF HAZ MAT CONRO. NO.OF 800!hTYP£ - RELEASE OF HAZ MAT 1 NO UNK ? Y L AX NO. OF ARLES Y ? N ? LINK ? AXLES - . , COMPANY /AT1?TN POLICY NO. ® vl? 0 Zq -7 - Its POLICY NO. -1RRRl2 _._?. -RMTit - GeMPTIONOFOAMAGEDPROPEM OWNER ADDRESS PHONE , i ? i t r PAW- a. . _1 EXHIBIT "F" f 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Karen Helm, No. 08-7456 Claimant Civil Term vs. Nathaniel Grove, Defendant DEPOSITION OF: Nathaniel Grove TAKEN BY: Plaintiff BEFORE: Ramona Devlin, Reporter Notary Public DATE: January 19, 2010, 10:00 a.m. PLACE: 2000 Linglestown Road Harrisburg, Pennsylvania APPEARANCES: For - Plaintiff Joshua M. Autry, Esquire Boyle, Neblett & Wenger 4660 Trindle Road Camp Hill, PA 17011 For - Defendant Joseph F. Murphy, Esquire Forry Ullman 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 ALSO PRESENT: Susan Epler 11 DiscoveryWorks Global 888.557.8650 www.dw-global.com • 9 A. Yep. Q. Why was it that you were trying to get over? A. Right there, there is a turning lane, so I was going to turn to go down Salem Church Road. Q. That was the intersection you were going to turn at? A. Right. Q. And you were going to make a right-hand turn at that point? A. Yep. Q. Why were you not able to do that, to get over? A. I hit the back end of,the one car. Q. Why did you hit the back end of the car? 5 Why were you not able to stop or slow down to a 1 sufficient speed? A. I was not used to the brakes in my car 3 9 yet because I was so used to driving older cars that had the other kind of brakes, other than antilock ] brakes. My previous cars were from the 180s. 2 Q. Was the Dodge Intrepid manual or 3 automatic? 4 A. Automatic. 5 Q. You said you were used to driving older DiscoveryWorks Global 888.557.8650 www.dw-global.com 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1s 2C 2] 2? 2: 21 2! cars. What was your car that you were driving previous to that? A. An 189 Buick Century. Q. How long had you been driving that? A. About a year. Q. Did you still have that car at the same time? A. No. Q. Did you sell that car when you bought this one? A. I didn't sell that car, I just gave it to a junkyard. Q. What did you have before the 189 Century? A. It was maybe an 189 or 190 Dodge Dynasty. Q. And how long did you have that car? A. Probably about three months. I had to give it to my dad because his car died. Q. Was that your first car or did you have another car before that? A. That was my first car. Q. When did you get your driver's license? A. When I was 16. Q. That would have been when? Did you get it on your 16th birthday? A I took the test on my 16th birthday, got . DiscoveryWorks Global 888.557.8650 www.dw-global.com 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 2_ 24 2` my permit, had it for the six months and got my license the first try. Q. Did you get this car shortly thereafter, getting your license, this first car? A. Yes. Q. I'm just trying to get a time frame. Now, had you ever had problems stopping the Intrepid before this incident? A. Not really. Q. Did you drive it fairly frequently? A. No. Q. I guess leading up to the accident in the four months I believe you said you owned it, how often did you drive the car? A. Probably like three days a week due to going back and forth to work. Q. When you say three days per week, were you working part-time at that point? A. Yeah. Q. That was to Big Lots? A. Yeah. Q. Just between your house and Big Lots is where you were driving? A. Yes. Q. When you bought the car -- strike that. DiscoveryWorks Global 888.557.8650 www.dw-global.com 12 Between the time you purchased the car and the accident, did you bring it in for an inspection? A. Yes. Q. Do you remember when that was? A. Every April. Q. I'm trying to get the time frame right. Did you buy the car in the summer of 2006? A. I don't really know. It would be a guess to me. i 5 7 B 9 0 1 2 3 !4 ?5 Q. Do you recall if you had an inspection done on the car before the accident? A. Yes, in April. Q. Were there any significant problems in that first inspection? A. No. Q. Now, do you have a mechanic you typically go to? A. Yes. Q. Who is that? A. Larry Brenneman. Q. Where does he work? A He -- I guess he owns his own garage. That's the guy I was leasing the car from at the time. Q. Where is his garage located? A. In Mechanicsburg. 888.557.8650 www.dw-global.com DiscoveryWorks Global 13 Was that the person that did the 1 Q. inspection on it? 2 A. Yes. 3 the 4 QHad he looked at the car between inspection and the accident? 5 A. Yes. 6 problems that Were there any significant 8 you recall? the only problem was maybe a . I think 9 A. but he fixed that. N o was out, 10 sensor or strike Either before the accident 11 Q. the that. Have you ever had the brakes repaired on 12 Intrepid? 13 no. A At that time, 14 Since then, have you had the brakes 15 Q' 16 repaired? A. Yes. 17 When was that? 18 Q . and a dust recently in April again, 19 A. inspected. much every time I g of it couple -- pretty repair s on the 20 le repa Q So you have had multip 21 brakes since then? 22 A. Yes. 23 roblem that you had What was the first p 24 Q ' 25 with the brakes? www.dw-global.com 888.557.8650 DiscoveryWorks Global 14 1 2 3 a 4 5 I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Just the brake pads wore down. A. Q. And that was in April following the ccident? No. That was like the year after that. A guess it was 2008. So 2008 was the first time you actually 4• had brake repairs done on it? A. Yes. That was just the pads were worn down and Q. they needed new? A. Yes After that, what brake problems did you 4• have? Just the brakes wore down again. A. Just the pads? Q• A. Yes. Q• When was that? Just my last inspection in April, again. A. In the accident, what damage was done to Q. your car? Just the front bumper was dented in and A. the left light was broken out And did you have that repaired? 4• A. Yes Q. And who did the repairs on that? www.dw-global.com 888.557.8650 DiscoveryWorks Global 15 progressive. . Spanky,s through prop I think Spanky's that A• 1 Where is that location, the 4• 2 you went too ' I just left it in 3 I am not sure. A. 4 progressive's hands. done' 5 were those repairs 4 When on that Tuesday 6 I dropped the car off so I think it took them maybe '7 A- the accident, 8 following to do it' when he 9 like a week Do you recall talking to your dad Q• afterwards? 10 ed at the scene of the accident 11 arriv 12 A. Yes' recall having a conversation with Do You reca • 13 him about the brakes' 14 A. yes. when you said that 15 What was his reaction 4• 16 as a problem with the brakes' to them. 17 there w That I probably was t used roblems A. Did he was any p 18 think that there 4. 19 with the brakes at all' 20 A. NO' and your 21 than Your Your father 22 Q. Other e else who would know about the there anyon ? 23 mechanicF is around that time? condition of the brakes 24 25 A• No. www.dw-global.com Dis 888.557.8650 coveryWorks Global FILED--OFFICE OF THE P"0T iCr,'0TAPY 2010 MAR -5 PH I *. 41 BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com KAREN A. HELM, V. Counsel For: Karen A. Helm : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL A. GROVE, Defendant : NO. 08-7456 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Plaintiff, Karen A. Helm, objects to the proposed subpoena that is attached to these objections for the following reasons: The subpoena seeks irrelevant insurance records that are not reasonably calculated to lead to the discovery of admissible evidence. Pa.R.C.P. No. 4003.1. In addition, the subpoena for insurance documents is not limited to the existence and terms of a current insurance agreement that could satisfy part or all of a judgment, but seeks impermissible evidence including "claims paid, denials, statements, EOB's and correspondence." Pa.R.C.P. No. 4003.2. Finally, the extremely broad subpoena would cause unreasonable burden and expense to Highmark Blue Cross / Blue Shield and would cause unreasonable annoyance and oppression to Plaintiff. Pa.R.C.P. No. 4011(b). BOYLE, NEBLETT & WENGER Zennis l , Esquire Su e Court .D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Fax: (717) 737-2452 Email: deboylegdennisboylelaw.com j mautry&denni sboylelaw. com Attorney For: Plaintiff Dated: March 3, 2010 2 CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Joseph F. Murphy, Esquire Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Sara J. Ber bile, Paralegal Dated: March 3, 2010 FEB 2 5 2010 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Karen A. Helm and Dennis L. Helm Court of Common Pleas VS. Nathaniel L. Grove and Timothy P. Wilkinson 087456 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Highmark BC/BS TO: Dennis Boyle, Esquire Health Insurance note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Joseph Murphy, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 2/23/2010 CC: Joseph Murphy, Esquire - Court of Common Pleas If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Joseph Murphy, Esquire Defense COUNSEL LISTING FOR KAREN A. HELM AND DENNIS L. HELM VS. NATHANIEL L. GROVE AND TIMOTHY P. WILKINSON County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Boyle, Esquire, Dennis 46`6,`0 Trindle Road, Suite 200 Camp Hill PA 17019 Opposing Counsel ?I ?13? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Karen A. Heim and Dennis L. Helm Court of Common Pleas VS. Nathaniel L. Grove and Timothy P. Wilkinson 087456 Request For Records Copies Related To Subpoena Document Request Provider: Copy Sets Requested: Highmark BC/BS Please return this completed form to Litigation Solutions, LLC. Please be advised that Litigation Solutions, LLC requires prepayment for all requested records above. Therefore, once the requested records are obtained an invoice for prepayment will be generated and sent directly to your attention. This prepayment includes a $5.00 administrative fee. Once payment has been received the records will be promptly forwarded to your attention. If you should happen to have any questions or concerns regarding this matter, please don't hesitate to contact Maria Osinski at 412.253.1101 or fax at 412.253.1059. Date of Issue: 2/23/2010 i V' „'1 i?1 ••! +JJ J,-, H _i Y j jJ,j `? fkTi . _ Karen A. Helm and Dennis L. Helm 087456 Filc No. vs. Nathaniel L. Grove and Timothy P. Wilkinson SUBPOEK,A- TO _RUDI ,UCE D'OCUTA NT S OR THU-4 S FOR BISCUVERY PURS -14T TO R IRE 4009.22 TO: Highmark BC/BS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the followiing documents or things: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this•request at the address listed above. You have the right to seek in advance the reasonable cost of prepariyg/the copies or producing the things sought. I 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 z court ordei compelling you to comply with it: TT_IIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: N,4NIE: Joseph Murphy, Esquire , DDRESS: ing es own oa Suite 301 Harris urg PA, 17110 TELEP?30N-p: 7 17 - 4 - 9 2 5 7 SUPP..EIvM COURT ID 7 18 -L 19 ATTOP?NE Y .FOR: n e f?? BY TIMOURT: Pro onotary, Civil Division Date:7T;';Lp Seal cf the C• , Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Highmark BC/BS 1800 Center Street Camp Hill PA 17011 Attention: Insurance Records Department Subject: Helm, Karen SS#: 4601 Date of Birth: 8/25/1959 Requested Items: Complete copy of any and all insurance records from 8/25/1959 to present, including: claims paid, denials, statements, EOB's and correspondence. KAREN A. HELM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NATHANIEL A. GROVE, Defendant NO. 08-7456 CIVIL TERM ORDER OF COURT AND NOW, this 120' day of March, 2010, upon consideration of Plaintiff's Motion To Dismiss Defendant's Objections to Interrogatories and Requests for Production of Documents, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 21 days of the date of this order. ?is E. Boyle, Esq. Joshua M. Autry, Esq. 4660 Trindle Road Suite 200 Camp Hill, PA 17011 Attorneys for Plaintiff ph F. Murphy, E sq, Foseorry Ullman 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Attorney for Defendant C-) o :rc BY THE COURT, v .. r tI'= tai t? ?'1 IOTAPY U; 2 7 FORRY ULLMAN By: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Rd, Suite 301 Harrisburg, PA 17110 (717) 441-9257 KAREN HELM and DENNIS HELM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No.087456 NATHANIEL L. GROVE : Defendant PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of Nathaniel L. Grove for the attorney's Verification to the Answer with New Matter to Plaintiffs' Complaint that was filed on February 24, 2010 in the above-captioned action. FORRY, ULLMAN By: 7Li ey I .D. N" l f5r nglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant, Nathaniel L.Grove VERIFICATION ,c.^i y I, Nathaniel Grove, do hereby verify that the foregoing Answer with New Matter was prepared with the assistance and advice of counsel, upon whose advice I have relied; that the Answer with New Matter, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in the preparation of this Answer with New Matter and the defense of this case; that the language of the Answer with New Matter is that of counsel; that subject to the limitations set forth herein, the averments of the Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made in the foregoing document are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: G??.//O r' FORRY, ULLMAN Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 KAREN A. HELM AND IN THE COURT OF COMMON PLEAS DENNIS HELM : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No.087456 NATHANIEL GROVE Defendant CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, being duly sworn according to law, deposes and says that I served a true and correct copy of the foregoing Praecipe to Substitute Verification by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Dennis E. Boyle, Esquier Boyle, Neblett and Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 FORRY, ULLMAN Date: 3(100 By: FORRY ULLMAN 20 MAR 2b P11 3.04 By: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 CiuvV ' `?Y ,,, ` , 2000 Linglestown Rd Suite 301 J Harrisburg, PA 17110 (717) 441-9257 KAREN A. HELM and IN THE COURT OF COMMON PLEAS DENNIS L. HELM CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 08-7456 VS. NATHANIEL L. GROVE JURY TRIAL DEMANDED Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO DISMISS OBJECTIONS TO WRITTEN DISCOVERY 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted. 4. It is admitted that plaintiff alleges these facts in the complaint. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. By way of further answer, following the accident, defendant 4 determined that there was no brake failure and that he simply was unfamiliar with anti- lock brakes. Defendant does not contend in this case that the accident was in any way caused by "brake failure." 14. Denied. 15. It is denied that the "condition" of defendant's brakes is relevant to plaintiff's cause of action. 16. Denied as stated. By way of further answer, defendant's testimony regarding his brakes is set forth in defendant's deposition testimony. 17. Denied as stated. Although defendant testified that he believed he had been leasing the vehicle for four to five months prior to the accident, he later stated that he did not recall precisely when he purchased the automobile and that an answer to the question would be "a guess." 18. Denied as stated. By way of further answer, defendant was questioned extensively with regard to his familiarity with the car he was operating at the time of the accident, and he testified that he had been driving it four to five months prior to the accident, approximately three days per week going back and forth to work. (Defendant's D.T. at 8, 11). 19. Denied as stated. Defendant did not object to producing any of the documentation requested in request for production of documents number 2; rather, defendant merely objected to providing documents "to the extent" that the request sought documents protected from disclosure by Pa. R.C.P. 4003.3 and the attorney/client privilege. Defendant is in the process of responding to all of plaintiff's Requests, including request for production of documents number 2, except for documents protected r from disclosure by Pa. R.C.P. 4003.3 and the attorney/client privilege. 20. Admitted. However, plaintiff's request for production of documents number 2 did not limit production of documents as noted in this paragraph of plaintiff's motion. 21. The comments to Rule 4003.3 are self-explanatory. To the extent that plaintiff asserts that any memoranda or notes made by the representative of a party are not protected, the same is specifically denied. Pursuant to Pennsylvania law, memoranda or notes of a representative of a party containing the "mental impressions, conclusions or opinions representing the value or merit of a claim or defense or respecting strategy or tactics," and memoranda or notes prepared by the attorney of a client are protected from disclosure. 22. Defendant has not objected to producing witness statements, assuming they exist. 23. It is admitted that the statute cited protects disclosure of confidential communications made to attorney by his client and client's insurer/representative. 24. Denied. The attorney/client privilege applies to attorney/client communications contained in the client's insurer's claims file. WHEREFORE, answering defendant respectfully requests that this Honorable Court deny plaintiff's motion to dismiss defendant's objections to plaintiff's written discovery. Dated: J f 2 5,I 1D FORRY ULLMAN I IV FORRY, ULLMAN Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 KAREN A. HELM AND IN THE COURT OF COMMON PLEAS DENNIS HELM : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No.087456 NATHANIEL GROVE Defendant CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, being duly sworn according to law, deposes and says that I served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Motion to Dismiss Objections to Written Discovery by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Dennis E. Boyle, Esquire Boyle, Neblett and Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 FORRY, ULLMAN Date: March Z ?' , 2010 By: oy r' w FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 2010 MAY 26 A'iSI: KAREN A. HELM and DENNIS L. HELM : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, vs. : PENNSYLVANIA NATHANIEL GROVE : NO. 087456 Defendant MOTION OF DEFENDANT TO STRIKE PLAINTIFF'S OBJECTIONS TO SUBPOENA 1. This civil action arises out of an automobile accident that occurred on December 29, 2006 on the Carlisle Pike, Cumberland County, Pennsylvania. (See Plaintiff's Complaint at paragraph 5). 2. Plaintiff claims that as a result of the automobile accident, she suffers from numbness around her right ear that spreads to the entire right side of her head. (Plaintiffs D.T. at 22, 24; a true and correct copy of plaintiff's deposition transcript is attached hereto as Exhibit A). 3. At her deposition, plaintiff denied ever experiencing ear numbness or facial numbness of any kind prior to the December 29, 2006 accident. (Plaintiff s D.T. at 34). 4. The records produced thus far suggest that plaintiff did, in fact, complain of facial numbness prior to the subject motor vehicle accident. 5. In addition, plaintiff testified that she suffers from sinus infections which cause symptoms in both of her ears, occasional ear infections, vertigo and TMJ. (Plaintiff's D.T. at 50, 64-66, 71-73). 6. Finally, plaintiff has been suffering from ringing in her ears since prior to the subject motor vehicle accident. (Plaintiff's D.T. at 95-96). 7. At her deposition, plaintiff initially testified that she could not recall ever having treated with an ENT prior to the subject accident; however, later in the deposition she admitted that she may have visited an ENT for the ringing in her ears and had audiological testing, but she could not recall the name of the ENT. (Plaintiffs D.T. at 96-97). 8. Plaintiff further testified that the visit to the ENT would have been paid through her private health insurance, High Mark Blue Cross/Blue Shield. (Plaintiff's D.T. at 79, 96). 9. On February 23, 2010, defendant served plaintiff with a notice of intent to serve a subpoena upon High Mark Blue Cross/Blue Shield for a complete copy of any and all insurance records through the present time, including "claims paid, denials, statements, EOB's and correspondence." (A true and correct copy of the Notice of Intent and Subpoena are attached hereto as Exhibit "B"). 10. In light of the fact that plaintiff is unable to identify one of her medical providers who likely has discoverable records relevant to plaintiff's ear claim and defendant's defense thereto, the requested records are necessary in order to identify providers with information relevant to the claims and defenses presented in this case. 11. On March 3, 2010, plaintiff filed objections to the aforementioned subpoena. 12. In the objections to the subpoena, plaintiff asserts that the insurance records are not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff further asserts that the subpoena for insurance documents "is not limited to the existence and terms of a current insurance agreement that could satisfy part or all of a judgment." Finally, plaintiff asserts that the subpoena is too broad and "would cause unreasonable burden and expense to High Mark Blue Cross/Blue Shield and would cause unreasonable annoyance and oppression to plaintiff." 13. Plaintiffs counsel does not represent High Mark Blue Cross/Blue Shield, and plaintiff does not explain how the subpoena "would cause unreasonable annoyance and oppression" to her. 14. Pursuant to PA. R.C.P. 4003.1, "a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the parties seeking discovery or to the claim or defense of any other party." 15. Rule 4003.1 further provides, "It is not ground for objection that the information sought will be inadmissible at trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence." 16. In light of the fact that plaintiff claims that the subject accident cause her to suffer numbness in her ear that spreads across the entire right side of her face, plaintiff has put her medical history at issue in this case as it relates to her preexisting sinus infections, TMJ, and "ringing in her ears" and any treatment she may have had relative to those medical issues. 17. Limiting defendant's discovery of plaintiff s past medical history and pre- accident treatment, particularly with regard to treatment obtained from ENT specialists, would severely prejudice defendant's ability to prepare his defenses to plaintiff's claims. 18. For the foregoing reasons, moving defendant respectfully requests that this Honorable Court strike plaintiff's objections to the subpoena and permit defendant to serve the subpoena upon High Mark Blue Cross/Blue Shield. 19. Concurrence in the motion has not been sought, due to the nature of the motion (i.e., plaintiffs' objections to subpoena). 20. The Honorable J. Wesley Oler, Jr. entered an Order on March 12, 2010. Wherefore, moving defendant respectfully requests that this Honorable Court grant this motion and strike plaintiff's objections to defendant's subpoena. FORRY ULLMAN Dated: May 2-6', 2010 1 FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 j murphy@forryul lman. com KAREN A. HELM and : IN THE COURT OF COMMON PLEAS DENNIS L. HELM : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 087456 NATHANIEL L. GROVE Defendants : JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, Joseph F. Murphy, of FORRY ULLMAN, attorneys for Defendant, Nathaniel L. Grove, certify that the within Motion to Strike Plaintiff s Objections to Subpoenas and Proposed Order (s) were served, this date, by first-class mail, postage prepaid, addressed as follows: Dennis E. Boyle, Esquire Boyle, Neblett & Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. FORRY P.C. By: Josep F. Murphy Date: ' Ad /La I a 12 EXHIBIT "A" t ,1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Karen Helm, No. 08-7456 Claimant Civil Term vs Nathaniel Grove, Defendant DEPOSITION OF: Karen Helm TAKEN BY: Defendant BEFORE: Ramona Devlin, Reporter Notary Public DATE: January 19, 2010, 10:50 a.m. PLACE: 2000 Linglestown Road Harrisburg, Pennsylvania APPEARANCES: For - Plaintiff Joshua M. Autry, Esquire Boyle, Neblett & Wenger 4660 Trindle Road Camp Hill, PA 17011 For - Defendant Joseph F. Murphy, Esquire Forry Ullman 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 ALSO PRESENT: Susan Epler DiscoveryWorks Global 888.557.8650 www.dw-global.com 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDEX TO TESTIMONY WITNESS EXAMINATION BY PAGE Karen Helm By: Mr. Murphy 3 INDEX TO EXHIBITS NO. DESCRIPTION PAGE (None.) MR. MURPHY: Usual stipulation? MR. AUTRY: Yeah. KAREN HELM, called as a witness, being duly sworn, testified as follows: EXAMINATION BY MR MURPHY: Q. Good morning. My name is Joseph Murphy, and I represent Mr. Grove in a civil action that you brought against him. Before we get into the substantive questions as to what happened in the accident and the injuries that you are claiming in this case, I need to go through some instructions on answering deposition questions. First of all, as you can see to your right, there is a court reporter. She is taking sown everything that is said, so your answers have to be verbal. You have to say yes or no as opposed to a nod or shake of the head. Do you understand that? A. Yes, I do. Q. If you don't understand one of my questions, please ask me to rephrase the question so that you do understand it, because if you provide me with a response, I'll assume you both heard and understood the question I asked; okay? A. Yes. 2 1 Q. I don't want you to guess at anything, 2 but certainly, you can give me reasonable 3 approximations of such things as dates and time, that 4 sort of thing, okay? 5 A. Yes. 6 Q. I just ask that you wait until I finish 7 my question before you provide a response, and I'll try 8 to wait until you answered the question before I ask 9 another, otherwise it is difficult for the court 10 reporter to take down everything that is said if we are 11 talking over one another, okay? 12 A. Yes. 13 Q. If you want to take a break at any time, 14 for any reason, please let me know and we will 15 accommodate you; okay? 16 A. Thank you. 17 Q. Are you on any medication right now that 18 would in any way affect your ability to understand the 19 questions or to provide a comprehensive response? 20 A. No. 21 Q. Can you state your full name for the 22 record? 23 A. Karen Ann Helm. 24 Q. What is your current address? 25 A. 6A Orange Street, Mount Holly Springs, 3 1 Pennsylvania 17065. 2 Q. How long have you lived at that address? 3 A. A little over a year. 4 Q. Where did you live before that? 5 A. I lived on 12 Northern Dancer Drive in 6 Dillsburg, Pennsylvania 17019. 7 Q. How long did you live at that address? 8 A. For 20 years. 9 Q. Have you always resided in Pennsylvania? 0 A. Yes, I have. 1 Q. Have you ever been in the military? 2 A. No, I have not. 3 Q. What is your date of birth, ma'am? 4 A. 8/25/59. 5 Q. And your Social Security number? 6 A. 171-54-4601. 7 Q. And are you married? 8 A. I am divorced. 9 Q. When did you become divorced? 0 A. I believe it became final December of 1 2000. 2 Q. Was that your first marriage? 3 A. Yes. 4 Q. When were you married? 5 A. June 21, 1980. 4 5 2 (Pages 2 to 5) DiscoveryWorks Global 888.557.8650 www.dw-global.com 1 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. What was your husband's name? A. Dennis Lynn Helm. Q. Where does Mr. Helm reside currently? A. As far as I know, he is in the process of moving and I don't know the new address, but the address that I last knew was 16 Country Club Place Road, Camp Hill, Pennsylvania 17011. Q. Do you know where he is moving to? A. Somewhere in East Pennsboro Township. Q. Do you have children? A. I have three boys. Q. What are their names and ages? A. Jeremy Nathaniel, I think, 27. Kyle Andrew is 24 and Alexander Christian is 20. Q. And do any of these children live with you currently? A. Yes, Kyle and Alexander. Q. When was the last time Jeremy lived with you? A. I'm trying to remember the date. Q. Was it before this accident? A. Yes. Q. So he has not resided with you since this accident? A. No. I'm not sure. I don't remember the date when he left. He left in October, but whether that was October of 2006 or October of 2007, I cannot recall. Q. Where does he live currently? A. He lives on Trindle Road in Mechanicsburg. Q. Do you have any grandchildren? A. Yes. Q. By which child? A. Kyle. Q. And how many grandchildren? A. Just the one. Q. And is it a boy or a girl? A. Girl. Q. What is her name? A. Her name is Isabella Lee, and to be honest, I don't know the last name of the child. We just found out. Q. Have you ever seen this child before? A. Once. Q. Is there any intention at the present time for this child to live with you in your home? A. No. Q. I apologize for asking you this question in advance, but there are certain things I need to 6 1 cover with you. Have you ever pled guilty to or been 2 convicted of a crime? 3 A. No. 4 Q. Have you ever provided any statements in 5 this case as to what happened in the accident and the 6 injuries, and when I say statement, I mean where 7 someone calls you on the phone and asks you questions 8 and those questions and your answers are recorded or 9 where you prepared a written statement or where someone 10 prepared a statement, you reviewed it and adopted it as 11 the truth, any such statement? 12 A. I recall a Progressive insurance person 13 calling me quite frequently after the accident I 14 never signed a statement. I was not told that anything 15 was recorded that I remember, so I don't know if - 16 unless it had to do maybe with the car, the actual car, 17 but I don't recall. 18 Q. And did you ever see a transcript of that 19 statement? 20 A. No. 21 Q. But that is the only statement that you 22 recall ever making about this accident? 23 A. Yes. 24 Q. Your insurance carrier at the time of the 25 accident, who was it? 7 1 A. Erie Insurance. 2 Q. And you don't recall that Erie took a 3 statement from you; is that correct, or you know that 4 they didn't? 5 A. I don't recall. 6 Q. Have you ever made a claim for workers' 7 compen sation benefits? 8 A. Yes. 9 Q. When was that? When was the incident 0 that led to that claim? 1 A. I believe it was July of'98. 2 Q. Who were you working for at the time? 3 A. Messiah College. 4 Q. And what happened in that incident? Was 5 it an incident? 6 A. Yes. I was at work and slipped on a wet 7 floor an d tore the ligaments in my foot. 8 Q. Which foot? 9 A. I believe it was my left foot. 0 Q. Any other workers' compensation claims? 1 A. Yes. I fell and dislocated my shoulder 2 outside the building. 3 Q. While working for Messiah? 4 A. Yes. 5 Q. That was another slip and fall? 8 9 3 (Pages 6 to 9) DiscoveryWorks Global 888.557.8650 www.dw-global.com y 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 A. Yes. Q. When was that? A. That was in October, I believe, about four years ago. Q. Was it before this accident? A. No, it was -- Q. 2007? A. I believe. I don't recall. I'd have to go and find the dates of when that was. Q. It was either 2007 or 2006? A. Not sure. It could have been earlier. It could have been as early as 2004. Q. Did you sustain any injuries in that incident? A. The dislocated shoulder. Q. Just the dislocated shoulder? A. Yes, and tore a ligament in my thumb. Q. Which hand was that? A. Left hand. Q. The first slip and fall that you mentioned, July of 1998, the only injury that you suffered was to your left foot? A. Yes. Q. And the October one that we just mentioned, the only injuries were a dislocated shoulder 11 and a left thumb injury? A. Correct. Q. Which shoulder was dislocated? A. Left shoulder. Q. Any other workers' compensation claims that you made, other than the two you mentioned? A. No. Q. Do you remember the insurance carrier who handled those claims? A. No, I do not. Q. Was it the same insurance carrier? A. I don't know. Q. Do you remember Pennsylvania Manufacturers Association, PMA? A. I honestly don't recall. Q. Have you ever made a claim for Social Security benefits? A. No. Q. How about disability benefits of any kind, other than the workers' comp claim? A. No. Q. It is my understanding that you are not claiming in this case that because of this accident, you suffered any loss of earnings; is that correct? A. That's correct. 12 1 Q. In addition, you are not claiming in this 2 case that because of any injuries that you sustained in 3 the accident, that your ability to earn money in the 4 future has been affected? 5 A. At this current job, that is correct. 6 Q. Nevertheless, I do want to ask you about 7 your education and employment. Tell me about your 8 educational background. 9 A. I graduated from Mechanicsburg High 10 School in 1977. I went on to the School of Computer 11 Technology in Pittsburgh, Pennsylvania, where I 12 graduated with a diploma in 1978, and worked several 13 jobs in the computer field. And I have taken college 14 courses at Messiah College. 15 Q. While you've been employed there? 16 A. Yes. 17 Q. Any other formal education? 18 A. No. 19 Q. When did you start working for Messiah? 20 A. August of '96. 21 Q. And what is your title currently? 22 A. I am records coordinator. 23 Q. What did you do before you started at 24 Messiah? 25 A. I was basically an at-home mom. I did 13 1 work part-time at Sears for eight years, and I sold - 2 when I quit there, I sold Tupperware and then I sold 3 Pampered Chef for four years. 4 Q. Out of your home? 5 A. Yes. 6 Q. I take it that the jobs that you have had 7 prior to Messiah, any job that you had prior to 8 Messiah, was not a physically demanding position? 9 A. Correct 10 Q. What are your job duties as a records 11 coordinator? Let me ask you this, for how long have 12 you been a records coordinator? 13 A. I believe I started in November of 2000. 14 Q. Have your job duties essentially remained 15 the same since you took that position in November of 16 2000? 17 A. No. My job duties have increased. 18 Q. Why don't you tell me what your job 19 duties are currently. 20 A. I am the main receptionist for the 21 office. I process all official transcripts for the 22 office. I process all verifications of enrollment 1 23 am the VA certifying official, process all the 24 day-to-day requests of students, including dropping and 25 adding classes. Those are the main ones. 4 (Pages 10 to 13) DiscoveryWorks Global 888.557.8650 www.dw-global.com 14 1 Q. Are there any physical demands associated 1 2 with your job as a records coordinator? 2 3 A. Right now, just answering the telephone 3 4 is the main one, and being on the computer for the 4 5 eight-hour shift. 5 6 Q. I take it then that your job is sedentary 6 7 in nature, you are sitting most the time? 7 8 A. Yes, that is correct. 8 9 Q. You are looking at a computer screen for 9 0 the vast majority of your day? 10 1 A. Correct 11 2 Q. For how long have those been your duties? 12 3 A. All of those have been, except for VA 13 4 certifying official, has been since I started within 14 5 the office. 15 6 Q. Okay. Since - you mean since you 16 7 started as the records coordinator in 2000? 17 8 A. Yes. 18 9 Q. The only additional responsibility is the 19 0 VA certification official? 20 1 A. Yes. Occasionally, I filled in for 21 2 others and did their jobs when they were out of the 22 3 office. 23 4 Q. What is a VA certification official? 24 5 What does that mean? 25 15 1 A. That means that I am required by the 1 2 state to verify the enrollment of all VA students who 2 3 are getting benefits. 3 4 Q. Through the Veteran's Administration? 4 5 A. Yes, so I have to make sure I give 5 6 accurate reporting for each of those students. 6 7 Q. Now, I take it that your job at Messiah 7 8 is a full-time position? 8 9 A. Yes, it is. 9 10 Q. What are your hours? 10 11 A. I work 8 to 5. 11 12 Q. Is there overtime available? 12 13 A. There is occasionally now. There used to 13 14 be a lot more. 14 15 Q. Now, since this accident -- by the way, 15 16 the accident did occur on December 29, 2006? 16 17 A. Correct. 17 18 Q. Have you requested any special 18 19 accommodations of your employer because of any injuries 19 20 sustained in the accident? 20 21 A. Yes, I have. 21 22 Q. What? 22 23 A. I had to request a wireless earpiece for 23 24 the phone, as I could no longer hold a phone and type 24 25 on the computer at the same time. 25 161 Q. When did you request that? A. I believe it was within a couple months of the accident Q. Any other accommodations that you requested of your employer? A. No. I do not recall any other. Q. And how many other records coordinators are there at Messiah? Are you the only one? A. I am the only one. Q. You work in an office setting, obviously? A. Yes. Q. How many other individuals are in your office? A. There are six other employees and two work-study students. Q. Have any of -- were any of those employees, employees of Messiah with whom you worked at the time of this accident? A. I believe they all were. Q. Can you tell me their names? A. Joanna Hadley Evans, Jill Poole, Paula Maynard, Tom Hale, James Sotherden. Q. One more. A. Yes, Susan Schmidt Q. Who is your supervisor at Messiah? 17 A. James Sotherden. Q. And who is the individual or who are the individuals with whom you work most closely? A. Probably all of them We all work every day. Q. Is there any aspect of your job that now because of injuries sustained in this December 29, 2006 accident that you can't do anymore? A. Would you repeat that question? Q. Is there anything about yourjob that you were able to do before the December 29, 2006 accident, that now because of injuries sustained in the accident, you can't do anymore? A. The only thing that I can recall will be the fact that when in meetings, I'm must always position myself normally at the end of the table, so I do not have to turn my head to the far right or to the far left for long periods of times. Q. How often do you have meetings where that is a concern to you? A. We have weekly meetings. Q. Is there anything else, so far as your job duties, that you were able to do before this accident that now because of injuries sustained in the accident, you can't do anymore? 5 (Pages 14 to 17) DiscoveryWorks Global 888.557.8650 www.dw-global.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Not that I haven't already told you, with not being able to use the phone and not being able to sit in meetings. Q. Have you missed any time from work because of injuries sustained in this accident? A. No, I did not. Q. Are you a salaried employee or hourly? A. Salaried. Q. Is there a physical examination required for your position? A. No. Q. Do you have any limitations with regard to performing your job duties, other than the wireless earpiece that you mentioned and your difficulty turning your head at meetings? A. Well, I can no longer lift heavy objects. When supplies come in, I normally have somebody else move them That is also one of my duties, is ordering supplies for the office. Q. Is it your duty, in addition to ordering them, to put them away once they come in? A. Yes. Q. Do you still do that? A. I ask - if it is a heavy object, I always ask for help to have it moved and put into the 18 20 1 2 3 4 5 6 7 8 9 .0 .1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 19 right places. Q. Whereas, before the accident, you were able to do that yourself? A. Yes. I did everything myself. Q. Were there ever occasions before this accident that supplies came in that were too difficult for you to lift yourself? A. Not that I recall. Q. Do you have - strike that. Any other aspect of yourjob that you have any limitations with, other than your inability to lift heavy objects, supplies that come in? A. Not that I recall. Q. Now, supplies come in how often, weekly? A. No. It just depends on the amount of activity in our office. I can have several orders of large paper delivered in one week, and that might be the only time throughout the month. Regular supplies are as-needed, so it could be once a month, if I go to two months, then it is normally a larger order that comes in. Q. What areas of your body did you injure in the December 29, 2006 accident? A. At the time of the accident, all I could remember was that my neck hurt. It wasn't until the 1 following morning that I felt other symptoms. 2 Q. What other symptoms did you experience 3 the day after? 4 A. The day after, I could not stand 5 straight. I was dizzy, nauseous, felt like I had been 6 hit by a Mack truck. My whole body hurt. I had 7 difficulty walking and standing. 8 Q. Now, was the difficulty that you had 9 walking and standing because of the dizziness and 10 nausea or was it something else? 11 A. Partly. It was also due to the fact that 12 my neck was injured and I could not stand straight, 13 which made it difficult to walk. 14 Q. We know from your testimony that you 15 injured your neck in this accident; correct? 16 A. Correct. 17 Q. Did you injure any other part of your 18 body? I mean you said your whole body hurt, but I 19 presume that that went away at some point? 20 A. Yes. Most of the upper body was hurt 21 from the seat belt pulling me in tight at the point of 22 impact And I believe from holding my foot on the 23 brake, I think I pressed harder on the brake when the 24 impact occurred so I was sore in the leg because of the 25 impact? 21 1 Q. Your right leg? 2 A. My right leg. 3 Q. So you hurt your neck, your foot and your 4 upper body from the seat belt; is that correct? 5 A. Yes. 6 Q. Did you have any other pain, other than 7 pain in those areas after this accident that you 8 believe is related to the accident? 9 A. No. I believe those -- it was overall 10 body pain just from being sore from the impact The 11 neck pain and the seat belt pain were the major 12 problems after the accident. 113 Q. Now, when you say that your whole body 14 hurt, I take it that there came a point in time after 15 this accident that your whole body wasn't hurting 16 anymore? 17 A. That's correct 18 Q. How long was it after the accident, 19 approximately, before you didn't have whole body pain? 20 A. I'm thinking within about three weeks. 21 Q. So far as your upper body pain from the 22 seat belt, how long did that last for? 23 A. I believe that was the same three-week 24 period. 25 Q. So far as your foot and right leg is 6 (Pages 18 to 21) DiscoveryWorks Global 888.557.8650 www.dw-global.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 concerned, did those symptoms go away at some point? A. Yes, within that same three weeks. Q. I take it then after that three-week period, the only part of your body that hurt, that you believe was related to this accident, was your neck? A. Yes, my neck and shoulder. Q. Which shoulder? A. The right shoulder. Q. Any other area of your body that you still had pain in, more than three weeks after the accident, other than your neck and right shoulder? A. My right ear, I had numbness around the right ear. Q. Any other area of your body that after that three-week period following this accident you continued to have symptoms, other than your neck, your right shoulder and your right ear area? A. No. Q. When you first began to experience neck pain following this accident, I think you said it was at the time of the accident? A. At the time of the accident, I felt a little discomfort. Q. On a scale of one to ten, with one being minimal pain and ten being the most excruciating pain 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 known to man, can you tell me what the intensity of the neck pain was immediately when you fast began to experience neck pain following this accident? A. Probably around a four. Q. And the same question with regard to your right shoulder. When you first began to experience right shoulder pain, first of all, when was it after the accident that you first began to experience right shoulder pain? A. I believe it was within the first 24 hours. Q. Not immediate at the scene, but sometime after that? A. Yes. Q. When you first began to experience pain in your right shoulder, can you describe the intensity of that pain on that same scale of one to ten that I mentioned? A. When I initially felt the pain, it was around a four. Q. With regard to the right ear numbness, was that just numbness that you experienced or was there any pain associated with it? A. Initially, it was just numbness. Q. And when is it that you first began to 24 1 experience this ear numbness? 2 A. It was within 24 hours. 3 Q. Now, I have seen mentioned in the medical 4 records about facial numbness, is the right ear 5 numbness the facial numbness we are talking about? 6 A. It spreads. The numbness is always on 7 the right ear if aggravated. It will spread to the 8 right side of the face like a line completely down the 9 middle of my face and through the back of my head, 10 anywhere on the right side of my face can be affected. 11 Q. The right ear is always numb and 12 occasionally, the numbness extends to the entire right 13 side of your head, including your face? 14 A. Yes. 15 Q. And when does that happen? In other 16 words, do you find the numbness spreading from the ear 17 for any particular reason? Is there anything you can 18 point to that causes the right side of your head to 19 become numb? 20 A. There are times where I have realized 21 certain things can egg it on, which would be like 22 sitting at a meeting or a movie, anywhere I have to 23 have my head turned to the right or left for any long 24 period of time. 25 Q. Is that when you find that you get the 25 1 right-sided head numbness, when you are sitting for 2 long periods of time and you are required to move your 3 head to the left or to the right? 4 A. That is not the only time I experience 5 it, but, yes, I do experience it. 6 Q. But you believe, based upon your 7 experience, that there appears to be some correlation 8 between the fact that you are sitting moving your head 9 and the spreading of the numbness to the right side of 10 your head? 11 A. Yes. 12 Q. What, if anything else, causes the 13 right-sided head numbness? 14 A. Anything where I am using my right arm in 15 a repetitive motion. If I tried to shovel snow, if I 16 tried to rake leaves, if I tried to use exercise 17 equipment that would have the hand bars, where you have 18 to go back and forth, driving, I have to be careful. 19 I no longer do a lot of parallel parking 20 because it is difficult to turn my head to the far 21 right to pull into parking spaces. Sometimes, just 22 sleeping, if I sleep in the wrong position, I can wake 23 up uncomfortable or the numbness has spread. 24 Q. Any other activities with things that you 25 can point to that cause the right head numbness? 7 (Pages 22 to 25) DiscoveryWorks Global 888.557.8650 www.dw-global.com 26 28 1 A. Not that I can recall at this time. 1 cetera, or it just feels that way? 2 Q. The right ear numbness that you 2 A. It feels that way. 3 mentioned, after it began about 24 - within 24 hours 3 Q. When you go to the mirror and look at 4 after the accident, have you had constant right ear 4 yourself in the mirror, am I correct that you don't see 5 numbness since the accident, since you first began to 5 any sign of the numbness? 6 experience it? 6 A. No. It would be just like coming back 7 A. Yes, I have. 7 from the dentist, you feel that way, you can't feel it 8 Q. Does the intensity of that numbness 8 or see it, but - except a few times when I had -- the 9 change at all or is it just the same? 9 chiropractor actually hit the nerve or the area that is 10 A. The intensity can change depending on the 10 damaged here behind the ear, my eye will literally 11 movement or the sleeping or any of the things I had 11 droop and my mouth will literally droop. 12 before mentioned. It can go from being numb to feeling 12 Q. When does that occur? 13 like I have an ear that is like Dumbo or feels like it 13 A. When I have seen the chiropractor. 14 is on fire. 14 Q. It has occurred while you've been 15 Q. How often does the numbness spread over 15 treating with the chiropractor, actually in the 16 the right side of your head? How often does that 16 chiropractor's office? 17 occur, can you estimate for me? Is it every day, 17 A. Yes. 18 couple times a week, two times a year? 18 Q. Does it occur at any other time? 19 A. It can vary from every day to twice a 19 A. Not with the drooping, no. 20 week, if not seen by my chiropractor. I've been trying 20 Q. How many times since this accident have 21 to watch it Within like a two-week period, it will 21 you actually had facial drooping of any kind, mouth or 22 start getting worse, the muscles need to be relaxed in 22 eye? 23 my neck and shoulder to try to calm the effect 23 A. That I can recall, maybe twice. 24 Q. Does the ear numbness and/or head 24 Q. Both times, that was in your 25 numbness prevent you from doing anything? 25 chiropractor's office? 27 29 1 A. It prevents me from lifting. I now ask 1 A. Yes. 2 my children to help me with things that I used to do 2 Q. Do you know why - rm not asking for a 3 myself carrying things up and down stairs, moving 3 medical opinion, but if you know why, rd lice to know? 4 things from room to room, keeps me from lifting at my 4 A. He was attempting to try different things 5 job. 5 to help relieve the symptoms of the numbness or 6 1 have to be careful with all the things 6 possibly to make it go away. After that singular time, 7 that I aforementioned in doing any of those things 7 when I told him - whatever he tried didn't work, and I 8 because of the - it will cause the numbness to spread 8 got worse, he never tried that particular - I don't 9 from just the ear into the face. When it hits the face 9 know whether it was a pressure point 10 is when it is extremely problematic. It is not like 10 I don't know what he hit on the area 11 you can ignore it 11 because he marks that all down on the chart, but I 12 Q. When you say extremely problematic, what 12 would call him and say, that was not something we 13 do you mean? 13 should try again because that one didn't work, and it 14 A. I feel when it spreads into my face, I 14 is not tried and I have not had that problem. 15 actually have to go and look at a mirror to see if my 15 Q. When you do experience the right side of 16 right eye is drooping. It's like when you come out 16 your head numbness, how long does that last for? 17 from a dentist and have been given novocaine, you can't 17 A. Normally, it can last all day or until I 18 feel certain parts of your face so you don't know 18 go to the chiropractor. That normally is my chance to 19 whether the eye is drooping, the mouth is drooping. 19 look at a calendar to say how long has it been, has it 20 There is times I can't feel the right 20 been more than two weeks, I need to go back in. 21 side of my tongue. I go look in a mirror to see if 21 Q. It can last for up to two weeks? 22 everybody else can see the same thing because I have no 22 A. No. If I start experiencing the 23 feeling there. 23 numbness, then I look at a calendar to say, when was 24 Q. I'm not clear if your testimony is that 24 the last time I went to a chiropractor, because if I do 2 5 there is actually eye drooping, mouth drooping, et 1 25 not go within a two-week period, the numbness will set 8 (Pages 26 to 29) DiscoveryWorks Global 888.557.8650 www.dw-global.com 30 32 1 in from muscles cramping and spread into the face. 1 the neck, where it connects to the shoulder, along this 2 Q. I take it from your testimony then the 2 area. It doesn't go back into the shoulder blade. It 3 facial numbness, the right side facial numbness, head 3 is basically in here. 4 numbness, normally lasts for approximately a day when 4 Q. You are pointing -- 5 it occurs? 5 A. To the right top of the right shoulder 6 A. Yes. If I can get into the chiropractor 6 from the shoulder joint socket to the spine. 7 to have the muscles relaxed. 7 Q. Is that actual pain that you feel there 8 Q. What if you can't get in? 8 or is it another sensation or both? 9 A. Then it will last until I can get into 9 A. It can be both. 10 him. If it happens on a Friday night and I can't get 10 Q. What - 11 to him until Monday or Tuesday, the facial numbness 11 A. Like an ache or it can go into pain. 12 will stay until I can get there to relax the muscles. 12 Most of the time, it is an ache, a constant, if you 13 Q. I take from your testimony that the only 13 have overdone something, exercises, and you are achy or 14 thing that alleviates that right-sided facial numbness 14 sore, that is what it can feel like, stiff, hard to 15 is chiropractic manipulation; is that correct? 15 move. 16 A. That is con-em 16 Q. Do you have that achiness on a constant 17 Q. Do you still have neck pain? 17 basis in the right shoulder? 18 A. No. 18 A. No, that comes and goes. 19 Q. When did the neck pain go away? For how 19 Q. How often do you get the achiness? 20 long did you have neck pain that you believe is 20 A. Normally, every week 21 attributable to this accident? 21 Q. When you do get the achiness every week, 22 A. From what I can recall, the neck pain 22 how long does it last, approximately, trying to get a 23 lasted about three months. 23 sense if it lasts a week or - 24 Q. Since that time, you haven't had any neck 24 A. Nominally, it can be relieved with a 25 symptoms that you believe are attributable to the 25 chiropractic visit. 31 33 1 December 29, 2006 accident? 1 Q. You don't get relief in the achiness in 2 A. No, I have not 2 the right shoulder until you get chiropractic 3 Q. I am correct? 3 treatment? 4 A. You are correct 4 A. That is correct 5 Q. The right shoulder symptoms that you 5 Q. Is there anything else that alleviates 6 mentioned, have they gone away, right shoulder symptoms 6 the right shoulder ache, other than chiropractic 7 from the accident? 7 treatment? 8 A. No. They will flare up. It is something 8 A. No. 9 with the muscles of the right shoulder affects the 9 Q. When you do have the treatment, it 10 numbness. I don't know why. 10 completely takes the ache away; is that correct? 11 Q. Do you believe, based on your experience 11 A. Yes. In the shoulder, it will take the 12 with these symptoms, that the right shoulder pain is 12 ache away. 13 caused by the ear numbness or there are times that the 13 Q. How long will it be before you develop 14 right shoulder problems lead to the ear and face 14 the aching in the shoulder before you need more 15 numbness? Do you understand my question? 15 treatment? 16 A. I understand your question, but I do not 16 A. Within a week or two. 17 know the answer. I don't know if I do something or 17 Q. Have you noticed any correlation between 18 lift something the wrong way with the right shoulder, 18 the right shoulder achiness and the ear and head 19 if that is causing that or if it is the ear muscles or 19 symptoms; in other words, do you find that you 20 whatever nerves behind the ear that affect the top of 20 experience the shoulder achiness when you get facial 21 the shoulder. I don't know which one it is. 21 numbness on the right side, or do you see any 22 Q. And you indicated that the pain that you 22 correlation or do they seem to be independent as far as 2 3 experience is in the top of the shoulder? Where is it? 23 symptoms are concerned? 24 Why don't you tell me. 24 A. They seems to be in correlation with each 25 A. Yes. It is basically where the side of 25 other. 9 (Pages 30 to 33) DiscoveryWorks Global 888.557.8650 www.dw-global.com ¦ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 Q. Do you have the right shoulder achiness every time you get the right side of your head numbness or vice versa? A. Not necessarily. If I am going to the chiropractor because the facial numbness has set in first, he can relieve the shoulder before it actually starts to ache. Q. I'm song. Is there anything else you wanted to say? A. No. Q. Do you find that the right shoulder achiness originates near the ear, in other words, do you feel it is starting there and continuing down the shoulder? A. No. Q. It just appears in the shoulder? A. Yes. Q. Have you ever experienced any ear numbness or facial numbness of any kind at any time before the December 29, 2006 accident? A. Not that I recall. Q. Have you ever experienced any pain in your neck before the December 29, 2006 accident? A. Yes. Q. When? When was the last time you had any 35 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 neck pain before this accident? A. I'd have to double check with my chiropractor records. That is what initially started me going to a chiropractor years before that accident was. I had a pinched nerve to the left side of my neck that I was told I would just have to live with. So the neck - there was problems with my neck that caused back pain and is what actually led me to the chiropractor. Q. Did you also experience back pain in addition to neck pain before the December 29, 2006 accident? A. Yes. Q. Lower back? A. Yes. Q. Did you have pain from the neck down the spine through the lower back? A. No. Q. Just in the neck and the lower back? A. Correct. Q. Do you believe that the lower back pain was caused by the neck pain, is that what it seemed to you, based upon your symptoms? A. According to what my chiropractor told 36 1 me, that it was the neck that was actually the 2 originator of the lower back pain. 3 Q. When was it that you first began to 4 experience neck pain before the December 29, 2006 5 accident? Do you remember what year it was? 6 A. No, I do not recall. 7 Q. Is there anything in particular that you 8 can point to that caused the neck pain? 9 A. No. The original time that I went to the 10 chiropractor, it was actually back pain that caused me 11 to go, not the neck. I had been told by my family 12 doctor that I would just have to live with the neck. 13 Q. Your family doctor currently is who? 14 A. Dr. Wallower. 15 Q. Is he with Dillsburg Family Practice? 16 A. She is. 17 Q. For how long has Dillsburg Family 18 Practice been your family doctor? 19 A. Since we moved to Dillsburg in -- shortly 20 after 19 - November of '88 we moved there, so it was 21 shortly after that that we switched to that practice. 22 Q. The chiropractor that you are currently 23 treating with is Dr. Acri? 24 A. That is correct. 25 Q. For how long have you been treating with 37 1 Dr. Acri? When was the first time you began treating 2 with Dr. Acri approximately? 3 A. I don't have any idea 4 Q. Was it early'90s, mid'90s, 2000? 5 A. It would have probably been 2000 or late 6 '90s. 7 Q. Have you ever treated with a chiropractor 8 before you began treating with Dr. Acri? 9 A. No. 10 Q. And was it the lower back pain that 11 caused you to treat with Dr. Acri initially? 12 A. Yes. 13 Q. At sometime then between, say, 1999, 14 2000, until December of 2006, you had treated with Dr. 15 Acri for both lower back and neck pain? 16 A. I originally treated for lower back and 17 neck pain. I can't tell you what all - that was the 18 initial thing that was there. It could have been 19 anything from a twisted ankle to -- that I might have 20 seen him for after he corrected the original problem. 21 Q. You have also treated with a chiropractor 22 for such things like an ankle sprain? 23 A. Yes. 24 Q. Have you treated with a chiropractor for 25 any other issues, other than lower back, neck, sprains 10 (Pages 34 to 37) DiscoveryWorks Global 888.557.8650 www.dw-global.com 38 40 1 of ankles and the facial numbness that you mentioned? 1 Q. And when you would experience pain, would 2 A. I can't tell you all the different things 2 it be exclusively to the left side of your neck? 3 that I have been able to be treated for that I have 3 A. Yes. 4 seen him. Those are some of the things. I don't know 4 Q. For how long did the pain last generally 5 if that is exclusively the things. 5 when you would get it? 6 Q. Did you ever experience neck pain before 6 A. Normally, I would take ibuprofen, so it 7 you began treating with Dr. Acri in or around 1999 or 7 could be just a few hours. 8 2000? 8 Q. Do you remember when it was last before 9 A. I did when I originally pinched the nerve 9 the December 29, 2006 accident that you had treatment 10 in my neck 10 on your neck by either your family doctor or the 11 Q. When was that? 11 chiropractor, whether that be actual treatment or 12 A. rm guessing early'90s. 12 prescription medication? 13 Q. And did you treat with anyone for that 13 A. I do not recall. 14 pinched nerve in your neck since it began, other than 14 Q. Do you know whether it was in 2006 or do 15 visits to your family doctor and Dr. Acri? 15 you believe that it was long before this accident? 16 A. No. At the time of the pinched nerve, l 16 A. I was probably treated in 2006 by my 17 only visited the family doctor and it was years later 17 chiropractor, but I don't know if it had anything to do 18 that I went to a chiropractor. 18 with the neck 19 Q. Dr. Acri? 19 Q. You don't recall? 20 A. Correct. 20 A. I don't recall. 21 Q. So you haven't seen anyone else for neck 21 Q. Why is it that you sought chiropractic 22 pain before the December 29, 2006 accident, other than 22 treatment in 1999 or 2000? 23 Dr. Acri and the doctor at Dillsburg Family Practice; 23 A. It was because of lower back pain and one 24 is that correct? 24 of my coworkers used him and suggested I go to see him. 25 A. That is correct 25 Q. For how long - do you still have lower 39 41 1 Q. Never saw an orthopedic surgeon? 1 back pain? 2 A. I've seen an orthopedic surgeon but not 2 A. No. 3 for any of those symptoms. 3 Q. When did you no longer have lower back 4 Q. That was my question. You never saw an 4 pain? 5 orthopedic surgeon with regard to your neck before the 5 A. I don't recall. 6 December 29, 2006 accident? 6 Q. Have you been pain free in your lower 7 A. That is correct. 7 back for years or is it a matter of days or months? 8 Q. Now, since - was there anything in 8 A. It has been years since I had the type of 9 particular that caused the pinched nerve in your neck? 9 pain that I originally went to see him with. 10 A. A 25 or 30 mile bike ride on a speed 10 Q. How about any lower back pain? 11 bike, when I hadn't ridden a bike in 15 years. 11 A. Occasionally, with twisting or moving the 12 Q. Can you give me some sense about the neck 12 wrong way, but it is not anywhere in the same 13 pain that you experienced after that bike ride through 13 intensity, nothing that a couple ibuprofen don't make 14 the time of this accident? I just want to get some 14 better. 15 sense of the intensity of the pain, how frequently you 15 Q. You still occasionally get lower back 16 had pain, whether it was constant 16 pain? 17 A. Initially, I was given a neck brace to 17 A. Yes. I'm 50. 18 wear by my family doctor. After that point, I really 18 Q. I understand. Do you have - does the 19 didn't have pain in my neck. I had trouble turning my 19 lower back pain you have or just the threat of lower 20 head to the far left for long periods of times, but I 0 back pain affect your ability to lift? 21 didn't have any constant pain. It was just something I 1 A. No. 22 had. 2 Q. Since you began experiencing lower back 23 Q. Did you only have pain when you turned 3 pain, has there ever been an instance that you picked 124 your head to the left during this period of time? 24 something up from the ground and felt pain in your 125 A. Yes. 25 lower back? 11 (Pages 38 to 41) DiscoveryWorks Global 888.557.8650 www.dw-global.com 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I don't recall. Q. Is there anything that you can point to that would cause you lower back pain before the December 29, 2006 accident? A. If I worked out in the yard for a three-day period, removing bushes and doing excessive yard work, I could get sore. I actually got sore everywhere, but it would include the lower back. Q. I take it that was something more than just typical muscle soreness from activity; correct? A. Repeat that Q. In other words, we all experience muscle soreness from doing jobs around the house, including gardening. A. Correct Q. But I know, I can speak for myself, when I do chores around the house, I don't experience lower back pain, per se, that I can say, I have lower back pain from that Do you understand what rm asking you? I'm asking you to differentiate between lower back pain and just general muscle soreness throughout your body from activity. A. I understand you want me to differentiate between those. What is the original question? Q. Were there ever occasions when you were 43 working out in the yard or working around the house where you would experience lower back pain that was more than simple muscle stiffness? A. No. Q. Do you know for how long you had chiropractic treatment on your neck and/or back since 1999 or 2000? For how long a period did you treat? A. Initially, I was going three times a week, which eventually went to a month and then two months, just basically as-needed Q. Were you still actively treating with the chiropractor at the time of this accident? A. Not necessarily for the neck or back It was on as-needed basis. Whether I went twice that year or 10 times that year, I don't recall. Q. And you don't remember for what you saw the chiropractor in the year preceding the accident; is that correct? A. That is correct Q. Ma'am, other than the two workers' compensation claims that you mentioned, July of '98 and October, we don't know the date, have you had any other prior accidents or incidents in which you sustained injuries of any kind? When I say accidents or incidents, I'm 44 1 not merely restricting that to automobile accidents, 2 slips and falls, any incident which caused you injury 3 before the December 29, 2006 accident? 4 A. So you are asking if I had any other car 5 accidents or whether -- I'm sorry. 6 Q. No. Any other accident or incident of 7 any kind that occurred that caused you injury? 8 A. Yes. 9 Q. What else? 0 A. 1989. 1 Q. What happened? 2 A. I had -- car slipped on ice, and I went 3 into a school bus in front of our school, our .4 children's school. . 5 Q. Did your car strike anything? . 6 A. The school bus. _ 7 Q. What injuries did you suffer in that 8 accident, or what areas of your body did you injure in L 9 that accident? 20 A. I had whiplash, cracked ribs and I 21 injured both knees. 22 Q. Any other area that you injured? 23 A. No. 24 Q. And the whiplash that you mentioned, that 25 was an injury to your neck? 45 1 A. Yes. 2 Q. That was separate and apart from the 3 pinched nerve you mentioned earlier? 4 A. Yes. 5 Q. Was this accident before the pinched 6 incident or after? 7 A. I believe it was before. 8 Q. Did you have treatment for those 9 injuries? 10 A. I was taken to the hospital for those. 11 The hospital only acknowledged the whiplash. The next 12 day, I went to my doctor, family doctor, with 13 complaints of being -- having trouble breathing and 14 that's when he sent me for x-rays of ribs where he 15 found I had cracked ribs. 16 Q. For how long did you suffer from neck 17 pain following that accident? 18 A. Maybe a couple weeks. I don't recall. 19 Q. Do you remember who your insurance 20 carrier was at that time? 21 A. It has always been Erie. 22 Q. After that couple of weeks, you no longer 23 had any neck pain that you believe was attributable to 24 that accident; is that correct? 25 A. That is correct 12 (Pages 42 to 45) DiscoveryWorks Global 888.557.8650 www.dw-global.com ¦ . 46 48 1 Q. Your knees, what kind of treatment did 1 my left foot 2 you have for your knees? 2 Q. You don't remember injuring your pelvis? 3 A. I was seen by the family doctor, had 3 A. No. I don't recall that. 4 x-rays. They were very swollen and the doctors 4 Q. Do you remember an incident in September 5 couldn't believe there was actually no torn cartilage 5 of 2002 where you injured one of your toes? Again, I 6 or ligaments, they were just inflamed. It took several 6 believe this was at Messiah College. 7 weeks to get the swelling down, and I have had no 7 A. No. I don't recall that one. 8 problems since then. 8 Q. Now, with regard to the shoulder 9 Q. Any other accidents or incidents before 9 dislocation that you had in October, for how long did 10 the December 29, 2006 accident? 10 you have pain following that incident? 11 A. Not that I recall. 11 A. I don't recall the full length I was 12 Q. Did you ever have any problems with 12 treated. Obviously, once the shoulder blade was put 13 either of your knees after you recovered from the 1989 13 back into place, the major pain was gone. It was just 14 accident? 14 physical therapy to be able to reuse the shoulder so it 15 A. I have had arthritis in my left knee. 15 wouldn't freeze. 16 Q. Your left knee? 16 Q. Where did you have physical therapy? 17 A. Yes. 17 A. I don't remember the name of the place. 18 Q. And is there pain associated with that? 18 I was seen by the Orthopedic Surgeons Institute by Dr. 19 A. Not since I had arthroscopic surgery and 19 Daly, and it would have been whoever he referred me to. 2 0 -- not since I had the surgery. I've been fine. 20 Q. OIP? 21 Q. When was the surgery? 21 A. Yes. 22 A. Might have been -- I believe it was in 22 Q. Did you have the shoulder put back in in 23 November of 2000 is when I had knee surgery for 23 the hospital by a doctor? 24 arthritis. 24 A. In the hospital. 25 Q. Have you been involved in any accidents 25 Q. What hospital was that? 47 49 1 or incidents since the December 29, 2006 accident where 1 A. Holy Spirit Hospital. 2 you sustained injuries of any kind? 2 Q. And for how long did you have physical 3 A. I was hit by another car where I had 3 therapy? 4 sustained hip pain that lasted about two or three 4 A. I don't recall the exact date. 5 weeks. 5 Q. I'm just asking for an estimate. 6 Q. Do you remember when that was? 6 A. About six months. 7 A. It was after the 2006 accident, but I 7 Q. Did you fully recover from that injury? 8 don't recall the date. 8 A. Yes. 9 Q. The records that we have indicate that in 9 Q. Was that at the end of the physical 10 September of 1991, you made a medical payment claim 10 therapy or sometime later? 11 with Erie Insurance, presumably arising out of a car 11 A. No, at the end of the physical therapy. 12 accident Do you remember anything about that? 12 Q. You mentioned dizziness as one of the 13 A. That might be the one with the -- that I 13 symptoms that you had before - excuse me, after this 14 told you about I might have gotten the date wrong. 14 December 29, 2006 accident Had you ever experienced 15 Q. The school bus accident? 15 any dizziness before the accident? 16 A. No. I don't recall. I'm not sure. 16 A. I don't recall the time period. I did 17 Q. Do you recall an accident in November of 17 have a problem with vertigo and was treated by my 18 1998 where you injured your pelvis? It appears to be a 18 family doctor and had CAT scans to eliminate ear 19 claim through Messiah College. 19 infections, and things were all eliminated. 20 A. For my pelvis? 2 0 Q. Did they determine why you were having 21 Q. That s what the record says. Again, it 21 the vertigo? 22 is not a medical record. It is a claim history record. 22 A. They could not come up with anything. I 23 That might have been the incident that you referred to 23 went to my chiropractor and asked him if he could 24 earlier involving your left foot. 24 figure it out and he fixed me in one session. 25 A. That would be the time period, but it was 25 Q. What did he do? DiscoveryWorks Global 888.557.8650 13 (Pages 46 to 49) www.dw-global.com 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Pressed, I believe, it was some nerve or something in the back of my head. He pressed in one spot and said, does that clear it up? And I said, yes, it does. Q. Other than the chiropractor, who else did you treat with for that issue? A. My family doctor who sent me for -- treated me for the ear infection, initially, inner ear. They sent me for the CAT scans. I don't believe I saw anybody else related to that. They kept coming up with, they can't find anything wrong. Q. Do you suffer from sinusitis? A. I do get, normally, one a year, a sinus infection. Q. One time a year? A. Normally. Q. How long does it last you? A. Normally, once I get antibiotics. Q. What are the symptoms associated with a sinus infection? A. Ear pain, pain in my - Q. Both ears? A. It can be. It depends which sinus is infected, and can also cause pain around the eyes and underneath the eyes. 51 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 Q. Any other symptoms? A. Normally a headache. Q. Anything else? A. Not that I can think of Q. And for approximately how long do you have these symptoms? A. Normally, within 24 hours of treatment with the antibiotics, they go away. Q. For how long have you had sinus infections with these symptoms? Has that been a problem for you all your life or is that something that came about at sometime? A. No. Its normally a cold that I don't have time to treat that eventually goes into a sinus infection. Q. For how long have you been suffering from sinus infections? A. I don't recall how long it has been. Normally, I get maybe one a year. I don't know what else you want me to say. Q. Is it something that you have been experiencing ever since you were a child? A. No. It has just been in my adult years. Q. Okay, because I never had a sinus infection before. It is not something that I believe 52 1 occurs to everyone periodically. I know there are some 2 people that do get sinus infections on a regular basis. 3 Does that appear to be the case with you, that you get 4 them on a regular basis? 5 A. I don't know if I consider once a year 6 regular. 7 Q. How long has it been that you have been 8 getting them once a year? 9 A. I don't know. You would have to check 10 the records of my doctor. 11 Q. Your family doctor? 12 A. Yes. 13 Q. Have you ever treated with an ear, nose 14 and throat doctor? 15 A. Not that I recall. 16 Q. Have you ever treated for sinus 17 infections with anyone other than your family doctor? 18 A. Not that I recall. 19 Q. I want to talk with you more about your 20 treatment following this accident. Before I do, let me 21 ask you, is there any physical activity - we have 22 talked about your physical demands or lack thereof at 23 your job. 24 Aside from what you have ah-eady 25 testified to so far as your job is concerned, is there 53 1 any physical activities that you were able to perform 2 before the December 29, 2006 accident, that now, 3 because of injuries sustained in the accident, you 4 can't do anymore? 5 A. Again, raking, shoveling. If left by 6 myself, I will attempt to do it until the pain gets too 7 bad and then I give up. If there is a child around to 8 do it for me, they do it for me. 9 Q. One of your children? L 0 A. Yes. L l Q. Any other activities that you were able L2 to do before the accident that, because of injuries L 3 sustained in the accident, you can't do anymore? L 4 A. Lifting heavy objects. I used to L 5 rearrange my living room every couple of months just L 6 for something new, and I can't do that anymore. L 7 Q. Anything else? 8 A. Not that I can think of at this time. 9 Q. Do you have your sons just move the !0 furniture? '.1 A. Yes. !2 Q. They are both healthy boys? 3 A. Yes. 4 Q. The ones that live with you? 15 A. Yes. 14 (Pages 50 to 53) DiscoveryWorks Global 888.557.8650 www.dw-global.com 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Do you see the oldest boy frequently? A. Every couple months. Q. What is it about raking that you can't do? A. When you rake, because I'm right-handed, it is a matter of lifting the right shoulder to an angle and turning your head to the left when you rake. So it is the fact that rm turning my head and lifting the right shoulder for a long period of time in order to do something, which goes back to the repetition problem Q. So you attempt to do raking, but you can't finish the job, is that what your testimony is? A. That is correct Q. Is that the same with regard to shoveling? A. Yes. Q. And when you are doing it, the raking or shoveling, and you experience symptoms that cause you to have to stop, what symptoms are you experiencing at that time? A. That is when the numbness will spread into the face and the shoulder will start to ache. Q. Can you tell me the first thing that happened to your body inside of the vehicle at the time 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the impact occurred? What happened? A. I'm not sure if I understand what you are asking. Q. Did your body move inside the car as a result of the December 29, 2006 accident? A. Yes. Q. Which way did it move first? What happened? A. I don't recall which way it moved first. I know I was slammed forward and back. And I don't know if it happened more than once forward and once back or how many times that happened, but I recall being thrown forward and back and being pulled back by the seat belt Q. Did any part of your body strike any of the interior of the vehicle, other than your chest on the seat belt and your back on the seat? A. I'm not sure if my head hit the headrest or not I don't recall. Q. It would have been the back of your head hitting the headrest? A. Yes. Q. I take it the right side of your head did not come into contact with anything, am I correct? A. You are correct 56 1 Q. Other than -- strike that. It is my 2 understanding that the first medical attention that you 3 sought after the December 29, 2006 accident was with 4 Dr. Acri, the chiropractor; correct? 5 A. Correct. 6 Q. Why is it that you went to him and not a 7 medical doctor? 8 A. Because that was New Year's Eve weekend 9 and my normal family doctor was not open and my 10 chiropractor was available to see me. 11 Q. Now, my recollection of the medical 12 records in this case is that you didn't complain to any 13 medical provider about facial numbness until 14 approximately almost three weeks after the accident at 15 the time of your January 16, 2007 visit. 16 Do you recall complaining to Dr. Acri or 17 any other medical provider before January 16, 2007 of 18 facial numbness? 19 A. I don't recall. 20 Q. You've treated with Dr. Acri since the 21 accident; correct? 22 A. Yes. 23 Q. And you've treated at Dillsburg Family 24 Health since the accident; correct? 25 A Yes. 57 1 Q. And you treated with Dr. Dukkipati 2 following this accident? 3 A. Correct 4 Q. Are there any other medical providers 5 with whom you treated since the December 29, 2006 6 accident for injuries sustained in that accident, other 7 than those providers, Acri, Dillsburg and Dukkipati? 8 A. I have not seen anyone else for the 9 accident, and I actually have not seen Dillsburg Family 10 Health due to the accident I've seen them since the 11 accident, but it has nothing to do with the accident 12 Q. Have you ever mentioned any of your 13 accident-related symptoms to your doctors at Dillsburg 14 Family? 15 A. I don't remember if I have or not 16 Q. Why wouldn't you? 17 A. Because I was being treated by my 18 chiropractor. 19 Q. When was the last time that you were seen 20 by Dr. Dukkipati? 21 A. I don't remember the exact date it was 22 the last time I saw him. No. I don't remember the 23 last date. 24 Q. Was it in 2009? 25 A. Maybe. 15 (Pages 54 to 57) DiscoveryWorks Global 888.557.8650 www.dw-global.com 58 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. You just don't remember? A. I just don't remember. Q. The February 6, 2008 progress report we have from Dr. Acri states under present subjective complaints, right facial numbness, difficulty sleeping, unable to sleep on left side due to hip pain, which causes right cervical facial numbness to increase. Do you know what the doctor is talking about? A. I'm assuming that because I couldn't sleep on my left side, I had to sleep on my right side - I normally sleep on my left side, so to sleep on the right side where I have the facial numbness caused it to increase. Q. This says unable to sleep on left side due to hip pain. A. Right. I normally sleep on my left side. Q. All right, but because of hip pain? A. I was sleeping on my right side, where the numbness is, so to sleep on the right side for an extended period of time was causing problems. MR. AUTRY: Are you asking what the hip pain was coming from? MR. MURPHY: No. I'm just trying to really understand the difficulty sleeping. BY MR. MURPHY: 59 Q. Was the difficulty that you had sleeping since - well, is the difficulty that you had sleeping that is mentioned in this February 6, 2008 report having to do with your hip? A. I don't recall. I don't recall. I'm sorry. Q. It seems to suggest that sleeping on your left side and/or the hip pain causes facial numbness to increase. Do you know what the doctor is talking about? A. Again, if -- I normally sleep on my left side. If I couldn't sleep on my left side, I would have had to sleep on my right side, which causes more discomfort, because I don't know how I sleep in the middle of the night. Q. I don't think you mentioned earlier that sleeping on your right side causes discomfort or facial numbness and that is what I am trying to understand. Is that what your testimony is? A. I do believe I did mention that sleeping is a problem with facial numbness. Q. Okay. And I just want to make sure your testimony is complete in that regard. Do you find that when you sleep on your right side, it causes you ear and facial numbness or facial numbness? 60 1 A. Sleeping can cause -- I don't know how or 2 why, because I'm sleeping, but I have found that if, 3 for some reason, I would sleep on my right side, it 4 would be for the whole night, which maybe happened 5 twice, it can cause it to be inflamed. 6 Q. Does that occur every time you sleep on 7 your right side that you get the numbness in your head? 8 A. No. 9 Q. How often does that occur? 10 A. I can't tell you. I can wake up in the 11 - wake one morning and my head is inflamed. The 12 numbness will spread, but I don't know how I slept 13 during the night necessarily to know if I slept with my 14 arm over my head or if I slept with my arms tucked 15 underneath me. I don't know. 16 Q. How often is it that you wake up with 17 facial numbness? 18 A. I don't know. I can't pinpoint an exact 19 number, but my guess would be maybe twice a month. 20 Q. I'm just trying to get a sense. I 21 understand that it is not two times exactly every 22 month, but I would just like to know whether it happens 23 every morning, and it is obviously significantly less 24 than that; correct? 25 A. To my best guess. 61 1 Q. I don't you to guess. I want you to give 2 me a reasonable estimate. Two times a month is a 3 reasonable estimate, would you agree? 4 A. It is a reasonable estimate, but I can't 5 tell you that I might not wake up two or three times in 6 a week with a problem and not have it again for another 7 couple weeks. 8 Q. I understand that. I'm j ust trying to 9 get some sense of how frequently it occurs. Are you 10 still treating for injuries sustained in this accident? 11 A. Yes. 12 Q. With Dr. Acri? 13 A. Yes. 14 Q. Anyone else? 15 A. Dr. Dukkipati, if needed. 16 Q. Do you have any appointments with Dr. 17 Dukkipati? 18 A. No. 19 Q. Do you have any appointments scheduled 20 with Dr. Dukkipati? 21 A. No. 22 Q. Has any medical provider told you what is 23 causing the ear and facial numbness? 24 A. Dr. Dukkipati did. 25 Q. And what did Dr. Dukkipati tell you? 16 (Pages 58 to 61) DiscoveryWorks Global 888.557.8650 www.dw-global.com 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. He told me - I don't know the medical terms -- that behind each of our ears, we have a nerve center, and because my head was turned to the right in the accident, and when I was thrown forward, my head was thrown forward - turned - my head turned right. I was thrown forward with my head to the right and back, that that would have caused nerve damage. Q. Did Dr. Dukkipati recommend any treatment to alleviate those symptoms? A. No. Q. Did you ask the doctor if there is any treatment available? A. I have tried on many occasions. Q. The doctor didn't recommend any type of surgery to you? A. No. Q. Did the doctor discuss with you other possible causes of the - strike that Did the doctor tell you - Dr. Dukkipati tell you that the facial numbness and ear numbness that you experienced is due to this motor vehicle accident? A. Yes. Q. Did the doctor talk to you about possible causes of the ear and facial numbness, other than the December 29, 2006 accident? 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No. Q. Did the doctor ever question you about other possible causes? A. I don't recall. Q. How frequently are you treating with Dr. Acri currently? A. Anywhere from - generally, within a week or two. It could be once a week depending on my symptoms. Normally, I can't go too much longer than a two-week period without being seen by him and all he can do is relieve the symptoms. Q. So about one time per week, one time every two weeks, somewhere in that range? A. Somewhere within that range. Q. Once every one to two weeks you have treatment with Dr. Acri? A. Yes. Q. How long has that been the case that you have been treating with him that frequently? A. Since the beginning of the accident, unless I had car problems or was ill or my kids were ill and I couldn't get there during that time period Q. The records from your neurologist indicate that you did not lose consciousness as a result of this accident; is that accurate? 64 1 A. Yes. 2 Q. Had you ever suffered from ear infections 3 prior to the December 29, 2006 accident? 4 A. According to my mom I had tons of ear 5 infections when I was little. And that was before they 6 put tubes in the ear, that was before they did that, 7 but then I seemed to outgrow it. 8 Q. You never had any surgery -- 9 A. No. 10 Q. -- for ear infections? 11 A. Correct. 12 Q. And you never had any surgeries after you 13 were a child; is that correct? 14 A. I never had any surgeries as a child. 15 Q. I'm sorry. You never had any ear 16 infections -- 17 A. I had ear infections as a child, and I 18 said that was before - years before they used to do 19 surgeries, and I don't know if I would have had surgery 20 or not, but I did not have any surgeries. 21 Q. You've never had ear infections since you 22 were a child? 23 A. Occasionally. I don't know -- well, I 24 can recall one where I was treated for an actual ear 25 infection. Other times, they treat me for an ear 65 1 infection, but they don't know if that is really the 2 problem 3 Q. Did you have ear symptoms for those times 4 that they didn't diagnose you with an ear infection but 5 treated you as such? 6 A. Yes. I had symptoms of dizziness or 7 fever, sometimes ear pain. 8 Q. Have you had ear infections in your right 9 ear? 10 A. I don't recall which ear or both ears. I 11 don't recall which ones have been affected. 12 Q. When you said earlier that you had 13 occasional ear infections since childhood, since those 14 tons of ear infections you mentioned, do you know 15 approximately how many you have had after childhood? 16 A. A guess would be under 10. 17 Q. When was the last time that you had an 18 ear infection or symptoms of an ear infection for which 19 your doctors were treating you as an ear infection? 20 When was the last time you experienced ear infection 21 symptoms before the December 29, 2006 accident? 22 A. I recall the time I had the vertigo, but 23 I don't remember the date. And I don't recall if there 24 was any times after that point. 25 Q. The vertigo that you mentioned is when 17 (Pages 62 to 65) DiscoveryWorks Global 888.557.8650 www.dw-global.com 66 68 1 you had the CAT scan? 1 A. A tetanus shot 2 A. Yes. They treated me first for an inner 2 Q. When was that? 3 ear infection, which the medication or antibiotic 3 A. Maybe in the last two years. 4 didn't have any effect on the vertigo, so that's when 4 Q. Any other injections? 5 they sent me for the CAT scan. 5 A. Not that I can recall. 6 Q. The records we have indicate that you did 6 Q. Have you ever treated with a 7 have a CAT scan of your head and brain in July 2004. 7 rheumatologist? 8 Does that seem about the time that you were 8 A. No. 9 experiencing the dizziness and the ear issues? 9 Q. Did Dr. Dukkipati do any testing at all 10 A. Yes. 10 with regard to your right ear and right-sided face 11 Q. Are you on any medication right now, any 11 numbness? 12 medication? 12 A. He did a -- I believe he did a CAT scan, 13 A. No. 13 and then when I went back to see him, and I don't 14 Q. When was the last time that you were on 14 remember the date, he did further testing to make sure 15 any medication? 15 that my -- nerve testing to make sure that my arm 16 A. Christmas. 16 itself wasn't involved. 17 Q. This past Christmas? 17 Q. Any other testing? 18 A. Yes. 18 A. Not that I remember. 19 Q. For what? 19 Q. Now, the records that we obtained 20 A. A bacterial infection. 20 indicate that in September of 2009, you underwent a 21 Q. Have you ever been diagnosed with any 21 pre-employment physical for Messiah Village? 22 connective tissue disorders? 22 A. Yes. 23 A. Since I'm not sure even what that is, l 23 Q. Where was that examination conducted? 24 don't know. 24 A. At Holy Spirit Hospital. 5 Q. Okay. I would assume if you did, you 25 Q. Now, the records from Holy Spirit, I 67 69 1 would know. You are not aware of any? 1 believe, indicate that you completed a medical history 2 A. Not that rm aware. 2 form and indicated that you do exercise five days a 3 Q. Have you ever taken medication for the 3 week. Do you remember that? 4 ear infections since childhood? 4 A. Uh-huh. 5 A. Yes. 5 Q. What kind of exercises do you do at home? 6 Q. Antibiotics? 6 A It is basically walking. 7 A. Yes. 7 Q. So you walk five times per week? 8 Q. Anything else? 8 A. I did during the fall. Winter - I walk 9 A. No. 9 normally outside. With winter, that has been 10 Q. Since 2000, let's say, do you recall any 10 suspended. 11 medications that you took, other than for the bacterial 11 Q. Do you do any other type of exercise, 12 infection, I think, you mentioned during Christmastime? 12 other than walking? 13 A. I'm not sure exactly - what are you 13 A. Not anymore, no. 14 asking me to give you, the name of all the antibiotics 14 Q. Is there a reason why you don't anymore? 15 I have had or medications I have taken in 10 years? 15 A. I used to do -- I had videos that I did 16 Q. If you can recall, what you can recall. 16 myself of aerobics and a dance video, but they do a lot 17 A. I am allergic to most medications, so - 17 of upper arm exercises and I can't do that anymore. 18 and I don't know if this was in the last 10 years or 18 Q. Why? 19 not, I was on prednisone. For most of these, I believe 19 A. Because that causes the shoulder to flare 20 I was only on them 48 hours before they realized I was 20 up and the numbness to go in, so I stick to walking. 21 allergic to them, Macrodantin, most of the penicillin, 21 Q. Before this accident, were your 22 amoxicillin, Zithromax. I could have been on something 22 exercises ever affected by the neck or back pain that 23 else, but I don't recall. 23 you had? 24 Q. Have you ever had any injections of any 24 A. Not that I recall. 25 kind in the last 10 years? 25 Q. I take it that it is not j ust in the fall 18 (Pages 66 to 69) DiscoveryWorks Global 888.557.8650 www.dw-global.com 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 124 25 that you walk for exercise, you do it all year round with the exception of winter? A. Yeah. I walk when I can, whether it -- at that time, I was walking five times a week I had a coworker who walked with me. I'm trying to walk at the indoor track. I did it once last week. Q. When you do walk, how long do you walk for, distance or time? A. Time is normally anywhere from 30 minutes to an hour. Q. Do you have a dentist that you go to regularly? A. Uh-huh. Q. Yes? A. Yes, sorry. Q. Who is that? A. Dr. Brian Keane. Q. Where is Dr. Keane? A. In Mechanicsburg. Q. Is he with a particular practice or is it Brian Keane, DDS? A. It is Procopio and Keane is the name of the - Q. How long has Procopio and Keane been your dentist? 71 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 A. I believe close to around the time we moved to Dillsburg. Q. About 20-some-odd years ago? A. I'm thinking. Q. A long time? A. A long time. Q. Have you had any oral surgery? A. No. Q. Has your dentist ever prescribed antibiotics to you? A. Not that I recall. Q. Had you ever experienced TMJ? A. Yes. Q. When did you first begin experiencing that? A. Early'90s. Q. Did you treat for that? A. Yes. I was told to take ibuprofen. Q. Who told you to take that? A. Don't remember the name of the doctor. I don't remember if it was my dentist or I had seen a doctor. I don't recall. I'm song. Q. What were the symptoms that you were experiencing that led to that diagnosis? A. I had a hard time chewing. 72 1 Q. Anything else? 2 A. I believe I had headaches as well. 3 Q. Do you have any clicking in your jaw? 4 A. No. 5 Q. Did you have any right-sided facial or 6 oral symptoms? 7 A. Not that I recall. 8 Q. When you say you had a chewing problem, 9 what does that mean? 10 A. Just meant it hurt when I chew. I chew 11 on my left side, so the pain is on my left side. 12 Q. Did you ever have TMJ symptoms on your 13 right side? 14 A. Not that I recall. 15 Q. For how long did you have TMJ symptoms? 16 A. I don't understand. 17 Q. Well, you said that it was in the early 18 '90s that you were, I believe, diagnosed with TMJ and 19 your doctor told you to take over-the-counter 20 medications; correct? 21 A. Yes, just when the symptoms occur. I can 22 go months or years without any discomfort. If I start 23 feeling pain to the left side of the jaw or if I have 24 gone into the dentist and had a filling done, the left 25 side of the jaw can sometimes lock and I will take 73 1 ibuprofen. 2 Q. So you still have the TMJ symptoms 3 through the current time? 4 A. Yes. 5 Q. Let's say in the last five years, how 6 often have you had symptoms of TMJ? 7 A. My guess would be maybe five. 8 Q. Have you also treated with an orthopedist 9 by the name of Dr. Rubin? 10 A. Yes. 11 Q. When was it that you first started 12 treating with Dr. Rubin? 13 A. Might have been'91. 14 Q. When was the last time you treated with 15 Dr. Rubin? 16 A. I think it was 2000. 17 Q. For what did you treat with Dr. Rubin? 18 A. Left knee -- originally when I saw him, I 19 had tom cartilage in my left knee and had arthroscopic 20 surgery. And I saw him again when I was having left 21 knee discomfort and they did arthroscopic surgery again 22 for arthritis. 23 Q. And your treatment with Dr. Rubin was 24 purely with regard to the left knee? 25 A. As far as I recall. 19 (Pages 70 to 73) DiscoveryWorks Global 888.557.8650 www.dw-global.com 74 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 Q. Since 2000, can you tell me all of the medical providers that you recall treating with, other than Dr. Dukkipati, the chiropractor, Dr. Acri, Dillsburg Family and visits to Holy Spirit Hospital? Any other medical providers? A. Dr. Daley is who I saw with the orthopedic with the dislocated shoulder. Q. Okay. Right Any other doctors that you recall having treated with since 2000? A. I don't recall any other doctors. Q. How is it you came to treat with Dr. Dukkipati? A. My chiropractor, when he saw that the numbness was just not going away on its own in time, told me that I should look into seeing a neurologist to see if there was more going on. Q. Why is it that you haven't returned to Dr. Dukkipati? A. Last time I saw him, he basically said unless I had new or different symptoms, that he didn't need to see me again. I have tried calling him on occasions to get some information and he has not returned my calls. Q. Since this accident, have you made plans at any time to treat the right ear and face numbness, 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other than your visits to Dr. Acri and to Dr. Dukkipati? A. No. Q. Why not? A. As far as I know, Dr. Dukkipati has not given me any clear answer to when or anything I can do to make this go away. If the physical therapy would have helped, I have not gotten any answers from him. It was more of a let's wait and see. It will either go away in time or it will be permanent Q. I guess that is my question. Why haven't you sought the advice of any other medical provider for answers that Dr. Dukkipati has not given you? A. He was the neurologist - actually, one of the few neurologists who would actually even see me due to the fact that this is due to a car accident I don't know any other doctors to go to. My family doctors would refer me to somebody, but they wouldn't treat me for anything. I don't know of any other doctors. Q. I'm not sure I understand your last comment Why is it that you haven't gone to Dillsburg Family Health for a referral to a neurologist or other specialist to try to figure out what the problem is with the numbness and whether there is any cure or 76 1 treatment? Why haven't you gone to your family doctor 2 for that? 3 A. Because I don't have to go to my family 4 doctor for referrals. 5 Q. The reason that you haven't gone on your 6 own then to any other medical doctor for treatment or 7 testing is because other doctors won't take automobile 8 cases? 9 A. For neurologists, when I called around to 10 try to find a neurologist, Dr. Dukkipati was the only 11 one who would see me because it had to do with an 12 accident case. 13 Q. How many other neurologists have you 14 called? 15 A. I think there is only three or four in 16 this area 17 Q. Did you call all of them? 18 A. I don't recall if I did. I don't recall. 19 Q. Do you know any of the names of those 20 neurologists who you called who would not see you 21 because it is an auto case? 22 A. No. I would have to go to the Yellow 23 Pages and hope they were the same people from four 24 years ago or whenever I went 25 Q. Why haven't you done anything since then? 77 1 I mean, you are indicating to me that it has been quite 2 some time since you investigated other possible 3 neurologists; correct? 4 A. Correct 5 Q. It has been years; correct? 6 A. At least a year, yes. 7 Q. Why haven't you contacted other 8 neurologists to determine whether or not they will see 9 you and attempt to evaluate this issue? 10 A. I guess because Dr. Dukkipati just told 11 me it would either go away in time or it wouldn't 12 Q. But it hasn't gone away; correct? 13 A. Correct. 14 Q. Is that a concern to you? 15 A. Yes, which is why I tried to contact Dr. 16 Dukkipati to get more information from him. 17 Q. What information are you looking for from 18 Dr. Dukkipati? 19 A. To see if there is anything I can do to 20 make this better. 21 Q. But he has already told you that there 22 are no answers; correct? 23 A. He said nerve damage is - I don't 24 remember his words, nerve damage is something that 25 either heals or doesn't heal. I was really led to 20 (Pages 74 to 77) DiscoveryWorks Global 888.557.8650 www.dw-global.com 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 3 4 5 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 believe there was really nothing I could do. That is why I go to the chiropractor for treatments of the symptoms. Q. You have never gone for a second opinion to determine whether anything could be done; correct? A. No. Q. I'm not correct or I am? A. Repeat the question. Q. You haven't gone to any other medical provider for a second opinion as to whether or not there was anything that could be done about the right ear and face numbness; correct? A. Correct. Q. Your health insurer is through your work at Messiah Village? A. No. Q. Do you private health insurance? A. I have health insurance through Messiah College. Messiah Village is a part-time job I have. Q. The Messiah Village job you began in September of 2009? A. Yes. Q. How many hours a week do you work at that job? 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 A. I work 16 hours every other weekend. 125 Q. What do you do? A. I am the third shift receptionist. Q. What are your hours on the weekend? A. 11 p.m. to 7 a.m. Q. I want to speak a little more about that. Before I do, your private health insurer is through Messiah College? A. Yes. Q. Is that High Mark/Blue Shield? A. I believe so. Q. Is that a PPO? A. Yes. Q. For how long have you had that insurance through Messiah? A. Since, I believe, '97. Q. And the automobile coverage, the medical coverage that was on your insurance policy for the vehicle that you were -- the automobile insurance policy th at covered this accident was an Erie policy; correct? A. That's correct. Q. You had $10,000 worth of coverage under that policy for medical expenses? A. I'm not sure of the total. Q. Did Erie Insurance ever indicate to you 79 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 80 that those benefits have been exhausted, all paid out? A. No. Q. Do you know how much has been paid in medical expenses by Erie? Has Erie been the only entity to pay medical expenses in this case? A. Yes. Q. Your job at Messiah Village, what is your title? A. Receptionist. Q. What are your duties? A. To answer any phone calls that come in during that time, if there is any jobs that are left for me for the weekend by my boss, which is copying or sorting mail. Q. Anything else? A. Not yet. I haven't been there long enough. Q. How would you describe the physical demands of that job? A. Almost nonexistent. Q. Very light work? A. Yes. Q. Is there any lifting involved? A. No. Q. Is it your intention to continue 81 employment with Messiah College? A. Yes. Q. Is it your intention to continue employment with Messiah Village? A. Yes. Q. Do you have any plans for future treatment relative to injuries sustained in the December 29, 2006 accident? A. Say that again. Q. Do you have any plans for future treatment, other than continued treatment with Dr. Acri, which I think you are doing; correct? A. Correct. Q. Do you have any plan for any other future treatment, other than continuing to treat with Dr. Acri for injuries sustained in the December 29, 2006 accident? A. Not that I know of. Q. Have you noticed any change in the numbness symptoms in your ear and your right side of your head since this accident or have they remained fairly constant with regard to intensity and frequency? A. I have not noticed any changes. Q. Is there anything else of significance about the injuries that you sustained, the treatment 21 (Pages 78 to 81) DiscoveryWorks Global 888.557.8650 www.dw-global.com 82 1 that you received, the symptoms that you experience 1 2 from this accident that we have not discussed in this 2 3 deposition that you believe is significant? 3 4 A. Not that I can recall. 4 5 Q. At the time of the accident, where were 5 6 you coming from and going to? 6 7 A. I had come from home, which at that time 7 8 was Dillsburg, and was going -- I don't know, to one of 8 9 the stores on the Carlisle Pike before meeting friends 9 10 for a movie. 10 11 Q. Did you meet the friends later that day? 11 12 A. Yes. 12 13 Q. Did you go to that movie? 13 14 A. Yes, I did. 14 15 Q. What was the movie? 15 16 A. I have no idea. 16 17 Q. Did you sit through the whole movie? 17 18 A. Yes. 18 19 Q. Why is it that you moved to your current 19 20 residence from the place you had been for 20 years? 0 21 A. I have been divorced for 10 years, and 1 22 without child support and alimony, when my youngest 2 23 turned 18, I could not afford to live in that home. 3 24 Q. How was the weather at the time of the 4 .25 accident? 125 83 1 A. From what I recall, it was clear. I 1 2 mean, it was night, but there was no rain or snow at 2 3 the time. 3 4 Q. Was it dry on the ground? 4 5 A. Yes. 5 6 Q. Do you remember what time the accident 6 7 occurred? 7 8 A. Approximately 6:00. 8 9 Q. P.m.? 9 0 A. Yes. 0 1 Q. I take it that it was dark out at that 1 2 time? 2 3 A. Yes. 3 4 Q. How were the lighting conditions in the 4 5 area where the accident occurred? 5 6 A. I was right next to the Kia dealer. They 6 7 had their lights on with -- the regular car dealership 7 8 is on eith er side of me, so there is a fair amount of 8 9 lights. 9 0 Q. Are there street lights as well? 0 1 A. I don't recall. 1 2 Q. Did you consume any alcohol or drugs of 2 3 any kind in the 12 hours before the accident? 3 4 A. No. 4 5 Q. What is the name of the road you were 5 84 traveling on? A. Carlisle Pike. Q. How many lanes are there in each direction on the Carlisle Pike where the accident occurred? A. I believe there is four lanes, but I don't recall if there is a turn lane, a fifth lane. That area has changed with construction, so I'm not sure. Q. Does it run east or west or north and south? A. I have no idea. It runs - I'd have to be on the road. I don't know. Q. Are there two lanes in each direction that make up the four lanes that you mentioned? A. Yes. Q. Is there anything that separates - let's just say its east and west for the sake of the question, is there anything that separates the east and westbound lanes in the area where the accident occurred? Is there a median? A. There is no median. Q. Double yellow lines? A. There might be a turn lane. I don't go out there that often. 85 Q. Is parking allowed on either side of the street? A. No. Q. Do you know the speed limit on the roadway in the area where the accident occurred? A. Pm not sure. It could be 35 or 40. Q. Did you ever see Mr. Grove's car at any time before the impact occurred? A. No. Q. I take it you don't know how fast he was traveling; is that correct? A. Only by the squeal of the tires. I heard him coming. Q. You can tell from the squeal of the tires how fast he was traveling? A. I just know that he was coming at a higher rate of speed than 10, to have that kind squealing for the length of time before impact. Q. But - A. I don't know the speed he was driving. Q. If you were to give me a speed, it would be purely a guess? A. Yes. Q. You were stopped when the accident occurred; correct? 22 (Pages 82 to 85) DiscoveryWorks Global 888.557.8650 www.dw-global.com 86 88 1 A. Yes. 1 Q. How do you know do that? 2 Q. How long had you been stopped before the 2 A. Because when I moved forward, my car 3 impact occurred? 3 fell, when we were moving off the side of the road. 4 A. I don't know. There was several cars in 4 Q. When you were moving off the side of the 5 front of me. I was in the left lane of the two lanes. 5 road, your car fell? 6 I don't know, 30 seconds, could have been more or less. 6 A. At the accident, the person behind me, I 7 I don't know. 7 don't know his name, motioned for us to all to try to 8 Q. You were stopped at a red light? 8 move off the side of the road, so when I put the car 9 A. That is correct 9 into gear to drive forward, my back bumper fell, so he 10 Q. Do you know when you were stopped, how 10 was underneath my bumper. 11 far was the front of your bumper from the rear bumper 11 Q. Do you know how far it fell? 12 of the car in front of you? 12 A. No. 13 A. I don't recall. 13 Q. Did you see any damage to the front of 14 Q. Why don't you tell me what happened in 14 the vehicle behind you? 15 the accident 15 A. Yes. 16 A. I was at a red light and I heard the 16 Q. What damage did you see? 17 squealing of tires coming from behind me. I turned my 17 A. I just recall the bumper being damaged. 18 head to the right to look into the rearview mirror and 18 I don't remember if lights were broken. We were in the 19 noticed that the person behind me was at a stop, 19 middle of four lanes of traffic and I was more 20 because I was thinking I would see somebody coming at 20 concerned about being hit by another car and getting 21 me and then I was hit 21 off the road 22 Q. Do you know how far that other vehicle 22 Q. But you had an opportunity to observe the 23 was behind you? 23 damage once you got off the road; correct? 24 A. I could see their headlights clearly in 24 A. I stood to the side of the car after 25 my rearview mirror. I don't know what that means. 25 that I could see the damage to the back I did not 87 89 1 Q. You can't give me an estimate as to how 1 go up and see the damage to the front. 2 far that vehicle was behind you? 2 Q. Was there any other damage done to your 3 A. No. 3 vehicle other than the bumper? 4 Q. How would you describe the severity of 4 A. No. 5 the impact? Let me go back Am I correct that the 5 Q. Did you have the vehicle repaired? 6 only impact to your vehicle was caused by the vehicle 6 A. No. 7 that was directly behind you? 7 Q. Why not? 8 A. That's correct 8 A. Because it was sitting in my garage for 9 Q. Mr. Grove's vehicle did not impact your 9 awhile. 10 vehicle at all; correct? 10 Q. Did you use that vehicle after this 11 A. That is correct 11 accident? 12 Q. How would you describe the severity of 12 A. Yes. 13 the impact between the vehicle that was behind you and 13 Q. Do you still use it today? 14 your vehicle? 14 A. My son is now using it. 15 A. As to the damage to the car that was 15 Q. So your vehicle was driveable after the 16 behind me? 16 accident? 17 Q. No. Would you describe it as a hard hit, 17 A. Yes. 18 medium, light? 18 Q. You went from the accident scene to meet 19 A. I would describe it as a hard hit 19 your friends? 20 Q. Am I correct that there was something 0 A. Correct. 21 less than $900 damage done to your vehicle? 1 Q. Where was that that you met them? 22 A. Correct 2 A. I don't recall. I don't remember. rm 23 Q. What damage was done to your vehicle? 3 sorry. 24 A. It was -- my rear bumper was damaged from 4 Q. So you met them at the movie theater? 25 the car behind me had gone underneath my bumper. 5 A. Yes. 23 (Pages 86 to 89) DiscoveryWorks Global 888.557.8650 www.dw-global.com 90 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 Q. This was prearranged before the accident? A. Correct. Q. Do you know how long the movie was? A. Hour and a half, two hours. Q. What did you do after that? A. I went home. Q. Do you reside with or have you resided with anyone other than your two sons and perhaps the third son since this accident? A. No. Q. If there were - well, who is it that would best have the knowledge of any limitations that you have, other than you, if anyone? A. I'm not exactly sure. I don't know what you are asking, I guess. Q. Let me ask you this. Is anyone at your work aware of any physical limitations that you have because of this accident? A. Yes. Q. Who? A. The woman, Sue Schmidt, who sits across from me. I know Jill Poole and Joanna Hadley Evans when the accident occurred, they knew when I got the earpiece. It is not something I discuss with them on a daily basis. 91 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 Q. Anyone else? A. My boss knew of the injury, and I've been keeping him updated with just where it is at and what I am doing. Q. Was your car moved forward as a result of the impact? A. I don't know. I had kept my foot on the brake throughout the accident. I did not impact the car in front of me because I kept my foot on the brake. Q. So you don't recall whether your car actually moved forward? A. No. Q. Am I correct? A. That's correct. Q. Do you have any photographs of the damage to your vehicle? A. No, I do not. Q. Is the bumper of that vehicle in the same condition today as it was right after this accident? A. As far as I know. Q. Was there any damage to that bumper before the accident? A. No. Q. Has there been any additional damage to the bumper since the accident? 92 1 A. No. 2 Q. Is there anything else that you planned 3 to do that evening that you didn't do the evening of 4 the accident? 5 A. I don't recall. I didn't go to K-Mart or 6 wherever I was going to initially, I just went and met 7 my friends. And I don't remember if we were going to 8 go out to dinner afterwards or not, and I didn't do 9 that. 10 Q. The reason why you didn't make it to the 11 store is because all the time it took for the police to 12 get there and investigate the accident? 13 A. Correct. 14 Q. Did you speak with the driver of either 15 of the other two vehicles involved after the accident? 16 A. I did speak to the driver of the car 17 behind me as we were standing off the side of the road 18 Q. What did you say to him? 19 A- I asked him if he was okay. I don't - 20 he was not really in the mood to talk. He was pretty 21 angry, so I stayed by myself. 22 Q. Did he ask if you were injured? 23 A. Not that I recall. 24 Q. Did you speak with Mr. Grove, the 25 defendant in this case, at the scene? 93 1 A. I don't recall. 2 Q. Did you speak with Mr. Grove at any other 3 time? 4 A. No. j 5 Q. Did you overhear h&. Grove saying 6 anything about this accident? 7 A- I recall him saying that he was sorry, 8 that his brakes had failed. 9 Q. Anything else? 10 A. Not from him, no. 11 Q. While you were at the scene, did you tell 12 anyone or did you say at the scene that you were 13 already under a chiropractor's care at the time the 14 accident occurred? 15 A. Not that I recall. 16 Q. Do you know of any witnesses to the 17 accident, other than the parties involved in the 18 accident? 19 A. I believe the people that worked at the 20 Kia dealership had seen it, because they were standing 21 out there with us. I don't know for sure what they saw 22 or didn't see, but they were standing with us 23 afterwards. 24 Q. You don't have any of their names; 25 correct? 24 (Pages 90 to 93) DiscoveryWorks Global 888.557.8650 www.dw-global.com 94 96 1 A. No, I do not. 1 Q. Was the ringing in the ears because of 2 Q. Did your vehicle operate normally as it 2 the noise of the sander? 3 had before the accident after the accident? 3 A. Yes. 4 A. Yes. 4 Q. How long did that ringing last for? 5 Q. Did the police come to the scene? 5 A. I still have ringing in my ears. 6 A. Yes. 6 Q. Have you ever treated with any medical 7 Q. Did they ask you if you were injured? 7 provider for that ringing in your ears? 8 A. They asked me if I wanted to go to the 8 A. I do recall going to a doctor, but I have 9 hospital. 9 no idea what their name was. 10 Q. What did you tell them? 10 Q. Would that have been paid through your 11 A. At that time, I said no. 11 private health insurance with Messiah? 2 Q. You don't recall them asking if you were 12 A. Yes. And now that I am thinking about 3 injured? 13 it, it could have been the ear, nose and throat person 4 A. I don't recall that, no. 14 I went to. They were on Trindle Road. That's the only 15 Q. Did you tell them you were injured? 15 thing I can remember. I might have gone to an ENT 6 A. No. At that point, I was just sore, but 16 doctor for ringing in the ears. 7 I didn't know that I was injured. 17 Q. How long did that ringing last for? 8 Q. Was there an ambulance at the scene? 18 A. I still have it to this day. 9 A. No. 19 Q. Is it constant? 0 Q. Is there anything else about the 20 A. As far as I know, I sleep with a fan to 1 happening of the accident that you believe is 21 drown out sounds, so when you are used to something, I 2 significant that we haven't discussed already? 22 can't tell you - there are times when it will be 3 A. No. 23 obvious, where I can't actually hear anything because 4 Q. Is there anything about statements made 24 of the ringing. That only happens maybe once a month 5 by either you or by Mr. Grove at the scene that you 25 and only for a few seconds. 95 97 1 think are significant that we haven't discussed? 1 Q. When did you build the deck that this ear 2 A. Not by Mr. Grove. His father made a few 2 ringing started? 3 comments when he showed up at the accident scene. 3 A. We moved into the house in'88, so it 4 Q. What did his father say? 4 would have been early'90s. 5 A. At the time, Mr. Grove was saying that 5 Q. Did you ever tell Dr. Dukkipati about the 6 the brakes failed. His father basically was mad at him 6 ringing in your ears? 7 and said the brakes were fine when you left the house 7 A. I think so, but rm not positive. 8 five minutes ago. I can't believe you did this again. 8 Q. Had you ever experienced any pain in 9 Q. Anything else? 9 either of your ears before this accident, other than 10 A. I don't recall anything else. 10 the ear infection or infections that you had as a 11 Q. You were alone in the car? 11 child? 12 A. Yes. 12 A. Not that I recall. 13 Q. I just have a couple more questions. 13 Q. Other than the one visit you may have had 14 Prior to the December 29, 2006 accident, had you ever 14 to the ENT doctor, have you had any other treatment for 15 experienced any ringing in your ear or ears? 15 ringing in the ears, any other doctor visits? 16 A. Yes. 16 A. I might have mentioned it to my family 17 Q. Which ear? 17 doctor, but I don't recall. 18 A. I don't know. I can't tell if it is 18 Q. Have you ever had any audiological 19 both. It not like I can tell, when you hear ringing, 19 testing? 20 to decipher. As far as I know, it is both. 20 A. Yes. I think at the time that I went to 21 Q. When did you experience ringing in your 21 whatever doctor I went to initially, they did a hearing 22 ears before this accident? 22 test at that time. 23 A. When we were building our deck and my 23 Q. Do you remember the results of that test? 24 husband made me stand in the garage with an electric 24 A. As far as I know, it was fine. 125 sander and the door shut. 25 Q. Have you ever been diagnosed with 25 (Pages 94 to 97) DiscoveryWorks Global 888.557.8650 www.dw-global.com 98 1 tinnitus? 2 A. Not that I know of, because I don't know 3 what it is. 4 Q. Have you ever been diagnosed with any 5 other conditions relative to your ears? 6 A. Not that I know of. 7 Q. Any other symptoms in your ears prior to 8 this accident, other than the symptoms that we have 9 discussed? 10 A. Not that I know of. 11 MR. MURPHY: That's all I have. Thank 12 you very much. 13 MR. AUTRY: I have no questions. 14 (Deposition concluded at 1:31 p.m.) 15 16 17 18 19 0 1 2 3 4 5 99 1 I hereby certify that the proceedings and 2 evidence are contained fully and accurately in the 3 notes taken by me on the within proceedings, and that 4 this copy is a correct transcript of the same. 5 6 7 8 9 10 Ramona L. Devlin, Notary Public 11 Reporter 12 13 14 The foregoing certification does not apply to any reproduction of the same by any means unless 15 under the direct control and/or supervision of the certifying reporter. 16 17 18 19 20 1 22 23 24 5 26 (Pages 98 to 99) DiscoveryWorks Global 888.557.8650 www.dw-global.com A ability 4:18 12:3 41:20 able 17:11,23 18:2,2 19:3 38:3 48:14 53:1,11 accident 3:116:21 6:24 8:5,13,22,25 10:5 11:23 12:3 15:15,16,20 16:3 16:18 17:8,11,12 17:24,25 18:5 19:2,6,23,24 20:15 21:7,8,12 21:15,18 22:5,11 22:15,20,21,22 23:3,8 26:4,5 28:20 30:2131:1 31:7 34:20,23 35:1,4,13 36:5 38:22 39:6,14 40:9,15 42:4 43:12,17 44:3,6 44:18,19 45:5,17 45:24 46:10,14 47:1,7,12,15,17 49:14,15 52:20 53:2,3,12,13 55:5 56:3,14,21,24 57:2,6,6,9,10,11 57:1161:10 62:4 62:21,25 63:20,25 64:3 65:2169:21 74:24 75:16 76:12 79:19 81:8,17,21 82:2,5,25 83:6,15 83:23 84:4,20 85:5,24 86:15 88:6 89:11,16,18 90:1,9,18,23 91:8 91:19,22,25 92:4 92:12,15 93:6,14 93:17,18 94:3,3 94:2195:3,14,22 97:9 98:8 accidents 43:23,25 44:1,5 46:9,25 accident-related 57:13 accommodate 4:15 accommodations 15:19 16:4 accurate 15:6 63:25 accurately 99:2 ache 32:11,12 33:6 33:10,12 34:7 54:23 achiness 32:16,19 32:2133:1,18,20 34:1,12 aching 33:14 achy 32:13 acknowledged 45:11 Acri 36:23 37:1,2,8 37:11,15 38:7,15 38:19,23 56:4,16 56:20 57:7 58:4 61:12 63:6,16 74:3 75:1 81:12 81:15 action 3:8 actively 43:11 activities 25:24 53:1 53:11 activity 19:16 42:10 42:22 52:21 actual 8:16 32:7 40:1164:24 adding 13:25 addition 12:1 18:20 35:12 additional 14:19 91:24 address 4:24 5:2,7 6:5,6 Administration 15:4 adopted 8:10 adult 51:23 advance 7:25 advice 75:12 aerobics 69:16 affect 4:18 31:20 41:20 afford 82:23 aforementioned 27:7 ages 6:12 aggravated 24:7 ago 10:4 71:3 76:24 95:8 agree 61:3 alcohol 83:22 Alexander 6:14,17 alimony 82:22 allergic 67:17,21 alleviate 62:9 alleviates 30:14 33:5 allowed 85:1 ambulance 94:18 amount 19:15 83:18 amoxicillin 67:22 Andrew 6:14 and/or 26:24 43:6 59:8 99:15 angle 54:7 angry 92:21 ankle 37:19,22 ankles 38:1 Ann 4:23 answer 31:17 75:6 80:11 answered 4:8 answering 3:13 14:3 answers 3:16 8:8 75:8,13 77:22 antibiotic 66:3 antibiotics 50:18 51:8 67:6,14 71:10 anybody 50:10 anymore 17:8,13,25 21:16 53:4,13,16 69:13,14,17 apart 45:2 apologize 7:24 appear 52:3 APPEARANCES 1:15 appears 25:7 34:16 47:18 apply 99:14 appointments 61:16 61:19 approximately 21:19 30:4 32:22 37:2 51:5 56:14 65:15 83:8 approximations 4:3 area 22:9,14,17 28:9 29:10 32:2 44:22 76:16 83:15 84:8,20 85:5 areas 19:22 21:7 44:18 arising 47:11 arm 25:14 60:14 68:15 69:17 arms 60:14 arthritis 46:15,24 73:22 arthroscopic 46:19 73:19,21 Aside 52:24 asked 3:24 49:23 92:19 94:8 asking 7:24 29:2 42:19,20 44:4 49:5 55:3 58:21 67:14 90:15 94:12 asks 8:7 aspect 17:6 19:10 associated 14:1 23:23 46:18 50:19 Association 11:14 assume 3:23 66:25 assuming 58:9 as-needed 19:19 43:10,14 attempt 53:6 54:12 77:9 attempting 29:4 attention 56:2 attributable 30:21 30:25 45:23 at-home 12:25 audiological 97:18 August 12:20 auto 76:21 automobile 44:1 76:7 79:16,18 Autry 1:16 3:2 58:2198:13 available 15:12 56:10 62:12 aware 67:1,2 90:17 awhile 89:9 a.m 1:11 79:4 B back 24:9 25:18 28:6 29:20 32:2 35:9,11,15,18,20 35:22 36:2,10 37:10,15,16,25 40:23 41:1,3,7,10 41:15,19,20,22,25 42:3,8,18,18,20 43:2,6,13 48:13 48:22 50:2 54:10 55:10,12,13,13,17 55:20 62:7 68:13 69:22 87:5 88:9 88:25 background 12:8 bacterial 66:20 67:11 bad 53:7 bars 25:17 based 25:6 31:11 35:24 basically 12:25 31:25 32:3 43:10 69:6 74:19 95:6 basis 32:17 43:14 52:2,4 90:25 began 22:19 23:2,6 23:8,15,25 26:3,5 36:3 37:1,8 38:7 38:14 41:22 78:20 beginning 63:20 believe 5:20 9:11,19 10:3,8 13:13 16:2 16:19 20:22 21:8 21:9,23 22:5 23:10 25:6 30:20 30:25 31:1135:22 40:15 45:7,23 46:5,22 48:6 50:1 50:9 51:25 59:20 67:19 68:12 69:1 71:172:2,18 78:1 79:10,15 82:3 84:6 93:19 94:21 95:8 belt 20:2121:4,11 21:22 55:14,17 benefits 9:7 11:17 11:19 15:3 80:1 best 60:25 90:12 better 41:14 77:20 bike 39:10,11,11,13 birth 5:13 blade 32:2 48:12 body 19:22 20:6,18 20:18,20 21:4,10 21:13,15,19,21 22:4,9,14 42:21 44:18 54:25 55:4 55:15 boss 80:13 91:2 boy 7:13 54:1 Boyle 1:17 boys 6:11 53:22 brace 39:17 brain 66:7 brake 20:23,23 91:8 91:9 brakes 93:8 95:6,7 break 4:13 breathing 45:13 Brian 70:17,21 broken 88:18 brought 3:9 build 97:1 building 9:22 95:23 bumper 86:11,11 87:24,25 88:9,10 88:17 89:3 91:18 91:21,25 bus 44:13,16 47:15 bushes 42:6 C calendar 29:19,23 call 29:12 76:17 called 3:3 76:9,14 76:20 calling 8:13 74:21 calls 8:7 74:23 80:11 DiscoveryWorks Global 888.557.8650 www.dw-global.com calm 26:23 Camp 1:18 6:7 car 8:16,16 44:4,12 44:15 47:3,11 55:4 63:2175:16 83:17 85:7 86:12 87:15,25 88:2,5,8 88:20,24 91:5,9 91:10 92:16 95:11 care 93:13 careful 25:18 27:6 Carlisle 82:9 84:2,4 carrier 8:24 11:8,11 45:20 carrying 27:3 cars 86:4 cartilage 46:5 73:19 case 3:12 8:5 11:23 12:2 52:3 56:12 63:18 76:12,21 80:5 92:25 cases 76:8 CAT 49:18 50:9 66:1,5,7 68:12 cause 25:25 27:8 42:3 50:24 54:19 60:1,5 caused 31:13 35:9 35:23 36:8,10 37:1139:9 44:2,7 58:12 62:7 87:6 causes 24:18 25:12 58:7 59:8,13,17 59:24 62:18,24 63:3 69:19 causing 31:19 58:20 61:23 center 62:3 certain 7:25 24:21 27:18 certainly 4:2 certification 14:20 14:24 99:14 certify 99:1 certifying 13:23 14:14 99:15 cervical 58:7 cetera 28:1 chance 29:18 change 26:9,10 81:19 changed 84:8 changes 81:23 chart 29:11 check 35:2 52:9 Chef 13:3 chest 55:16 chew 72:10,10 chewing 71:25 72:8 child 7:9,17,19,22 51:22 53:7 64:13 64:14,17,22 82:22 97:11 childhood 65:13,15 67:4 children 6:10,15 27:2 53:9 children's 44:14 chiropractic 30:15 32:25 33:2,6 40:2143:6 chiropractor 26:20 28:9,13,15 29:18 29:24 30:6 34:5 35:3,4,10,25 36:10,22 37:7,21 37:24 38:18 40:11 40:17 43:12,17 49:23 50:5 56:4 56:10 57:18 74:3 74:13 78:2 chiropractor's 28:16,25 93:13 chores 42:17 Christian 6:14 Christmas 66:16,17 Christmastime 67:12 civil 1:3 3:8 claim 9:6,10 11:16 11:20 47:10,19,22 Claimant 1:3 claiming 3:11 11:23 12:1 claims 9:20 11:5,9 43:21 classes 13:25 clear 27:24 50:3 75:6 83:1 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45:12 82:1196:18 days 41:7 69:2 day-today 13:24 DDS 70:21 dealer 83:16 dealership 83:17 93:20 December 5:20 15:16 17:7,11 19:23 31:134:20 34:23 35:12 36:4 37:14 38:22 39:6 40:9 42:4 44:3 46:10 47:149:14 53:2 55:5 56:3 57:5 62:25 64:3 65:21 81:8,16 95:14 decipher 95:20 deck 95:23 97:1 defendant 1:5,8,19 92:25 delivered 19:17 demanding 13:8 demands 14:152:22 80:19 Dennis 6:2 dentist 27:17 28:7 70:11,25 71:9,21 72:24 depending 26:10 63:8 depends 19:15 50:23 deposition 1:7 3:13 82:3 98:14 describe 23:16 80:18 87:4,12,17 87:19 DESCRIPTION 2:10 determine 49:20 77:8 78:5 develop 33:13 Devlin 1:9 99:10 diagnose 65:4 diagnosed 66:21 72:18 97:25 98:4 diagnosis 71:24 different 29:4 38:2 74:20 differentiate 42:20 42:23 difficult 4:9 19:6 20:13 25:20 DiscoveryWorks Global 888.557.8650 www.dw-global.com difficulty 18:14 20:7,8 58:5,24 59:1,2 Dillsburg 5:6 36:15 36:17,19 38:23 56:23 57:7,9,13 71:2 74:4 75:22 82:8 dinner 92:8 diploma 12:12 direct 99:15 direction 84:4,14 directly 87:7 disability 11:19 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recommend 62:8,14 record 4:22 47:21 47:22,22 recorded 8:8,15 records 12:22 13:10 13:12 14:2,17 16:7 24:4 35:3 47:9 52:10 56:12 63:23 66:6 68:19 68:25 recover 49:7 recovered 46:13 red 86:8,16 refer 75:18 referral 75:23 referrals 76:4 referred 47:23 48:19 regard 18:12 23:5 23:2139:5 48:8 54:15 59:23 68:10 73:24 81:22 regular 19:18 52:2 52:4,6 83:17 regularly 70:12 related 21:8 22:5 50:10 relative 81:7 98:5 relax 30:12 relaxed 26:22 30:7 relief 33:1 relieve 29:5 34:6 63:11 relieved 32:24 remained 13:14 81:21 remember 6:20,25 8:15 11:8,13 19:25 36:5 40:8 43:16 45:19 47:6 47:12 48:2,4,17 57:15,21,22 58:1 58:2 65:23 68:14 68:18 69:3 71:20 71:2177:24 83:6 88:18 89:22 92:7 96:15 97:23 removing 42:6 repaired 89:5 repeat 17:9 42:11 78:8 repetition 54:10 repetitive 25:15 rephrase 3:21 report 58:3 59:3 reporter 1:9 3:15 4:10 99:11,15 reporting 15:6 represent 3:8 reproduction 99:14 request 15:23 16:1 requested 15:18 16:5 requests 13:24 required 15:1 18:9 25:2 reside 6:3 90:7 resided 5:9 6:23 90:7 residence 82:20 response 3:23 4:7 4:19 responsibility 14:19 restricting 44:1 result 55:5 63:25 91:5 results 97:23 returned 74:17,23 reuse 48:14 reviewed 8:10 rheumatologist 68:7 ribs 44:20 45:14,15 ridden 39:11 ride 39:10,13 right 3:15 4:17 14:3 17:17 19:121:1,2 21:25 22:8,11,12 22:13,17,17 23:6 23:7,8,16,2124:4 24:7,8,10,11,12 24:18,23 25:3,9 25:14,21,25 26:2 26:4,16 27:16,20 29:15 30:3 31:5,6 31:9,12,14,18 32:5,5,17 33:2,6 33:18,21 34:1,2 34:11 54:6,9 55:23 58:5,7,10 58:12,16,17,18,19 59:13,17,24 60:3 60:7 62:3,5,6 65:8 66:11 68:10 72:13 74:8,25 78:11 81:20 83:16 86:18 91:19 right-handed 54:5 right-sided 25:1,13 30:14 68:10 72:5 ringing 95:15,19,21 96:1,4,5,7,16,17 96:24 97:2,6,15 road 1:12,17,20 6:7 7:5 83:25 84:13 88:3,5,8,21,23 92:17 96:14 roadway 85:5 room 27:4,4 53:15 round 70:1 Rubin 73:9,12,15 73:17,23 run 84:10 runs 84:12 sake 84:18 salaried 18:7,8 sander 95:25 96:2 saw 39:1,4 43:16 50:9 57:22 73:18 73:20 74:6,13,19 93:21 saying 93:5,7 95:5 says 47:2158:14 scale 22:24 23:17 scan 66:1,5,7 68:12 scans 49:18 50:9 scene 23:12 89:18 92:25 93:11,12 94:5,18,25 95:3 scheduled 61:19 Schmidt 16:24 90:21 school 12:10,10 44:13,13,14,16 47:15 screen 14:9 se 42:18 Sears 13:1 seat 20:2121:4,11 21:22 55:14,17,17 second 78:4,10 seconds 86:6 96:25 Security 5:15 11:17 sedentary 14:6 see 3:14 8:18 27:15 27:21,22 28:4,8 33:2140:24 41:9 54:1 56:10 68:13 74:16,21 75:9,15 76:11,20 77:8,19 85:7 86:20,24 88:13,16,25 89:1 93:22 seeing 74:15 seen 7:19 24:3 26:20 28:13 37:20 38:4,2139:2 46:3 48:18 57:8,9,10 57:19 63:10 71:21 93:20 sensation 32:8 sense 32:23 39:12 39:15 60:20 61:9 sent 45:14 50:7,9 66:5 separate 45:2 separates 84:17,19 September 47:10 48:4 68:20 78:21 session 49:24 set 29:25 34:5 setting 16:10 severity 87:4,12 shake 3:18 Shield 79:9 shift 14:5 79:2 shortly 36:19,21 shot 68:1 shoulder 9:21 10:15 10:16,25 11:3,4 22:6,7,8,11,17 23:6,7,9,16 26:23 31:5,6,9,12,14,18 31:21,23 32:1,2,5 32:6,17 33:2,6,11 33:14,18,20 34:1 34:6,11,14,16 48:8,12,14,22 54:6,9,23 69:19 74:7 shovel 25:15 shoveling 53:5 54:16,19 showed 95:3 shut 95:25 side 24:8,10,13,18 25:9 26:16 27:21 29:15 30:3 31:25 33:21 34:2 35:6 40:2 55:23 58:6 58:10,10,11,12,14 58:16,18,19 59:8 59:12,12,13,17,24 60:3,7 72:11,11 72:13,23,25 81:20 83:18 85:1 88:3,4 88:8,24 92:17 sign 28:5 signed 8:14 significance 81:24 significant 82:3 DiscoveryWorks Global 888.557.8650 www.dw-global.com 8 94:22 95:1 significantly 60:23 simple 43:3 singular 29:6 sinus 50:13,20,23 51:9,14,17,24 52:2,16 sinusitis 50:12 sit 18:3 82:17 sits 90:21 sitting 14:7 24:22 25:1,8 89:8 six 16:14 49:6 slammed 55:10 sleep 25:22 58:6,10 58:10,11,11,14,16 58:19 59:11,12,13 59:14,24 60:3,6 96:20 sleeping 25:22 26:11 58:5,18,24 59:1,2,7,17,20 60:1,2 slept 60:12,13,14 slip 9:25 10:20 slipped 9:16 44:12 slips 44:2 snow 25:15 83:2 Social 5:15 11:16 socket 32:6 sold 13:1,2,2 somebody 18:17 75:18 86:20 son 89:14 90:9 sons 53:19 90:8 sore 20:24 21:10 32:14 42:7,7 94:16 soreness 42:10,13 42:21 sorry 34:8 44:5 59:6 64:15 70:15 71:22 89:23 93:7 sort 4:4 sorting 80:14 Sotherden 16:22 17:1 sought 40:21 56:3 75:12 sounds 96:21 south 84:11 sown 3:15 spaces 25:21 speak 42:16 79:5 92:14,16,24 93:2 special 15:18 specialist 75:24 speed 39:10 85:4,17 85:20,21 spine 32:6 35:18 Spirit 49:168:24,25 74:4 spot 50:3 sprain 37:22 sprains 37:25 spread 24:7 25:23 26:15 27:8 30:1 54:22 60:12 spreading 24:16 25:9 spreads 24:6 27:14 Springs 4:25 squeal 85:12,14 squealing 85:18 86:17 stairs 27:3 stand 20:4,12 95:24 standing 20:7,9 92:17 93:20,22 start 12:19 26:22 29:22 54:23 72:22 started 12:23 13:13 14:14,17 35:3 73:1197:2 starting 34:13 starts 34:7 state 4:21 15:2 statement 8:6,9,10 8:11,14,19,219:3 statements 8:4 94:24 states 58:4 stay 30:12 stayed 92:21 stick 69:20 stiff 32:14 stiffness 43:3 stipulation 3:1 stood 88:24 stop 54:20 86:19 stopped 85:24 86:2 86:8,10 store 92:11 stores 82:9 straight 20:5,12 street 4:25 83:20 85:2 strike 19:9 44:15 55:15 56:162:18 students 13:24 15:2 15:6 16:15 subjective 58:4 substantive 3:10 Sue 90:21 suffer 44:17 45:16 50:12 suffered 10:22 11:24 64:2 suffering 51:16 suggest 59:7 suggested 40:24 Suite 1:21 supervision 99:15 supervisor 16:25 supplies 18:17,19 19:6,12,14,18 support 82:22 sure 6:25 10:11 15:5 47:16 55:2 55:18 59:22 66:23 67:13 68:14,15 75:2179:24 84:9 85:6 90:14 93:21 surgeon 39:1,2,5 Surgeons 48:18 surgeries 64:12,14 64:19,20 surgery 46:19,20,21 46:23 62:15 64:8 64:19 71:7 73:20 73:21 Susan 1:23 16:24 suspended 69:10 sustain 10:13 sustained 12:2 15:20 17:7,12,24 18:5 43:23 47:2,4 53:3,13 57:6 61:10 81:7,16,25 swelling 46:7 switched 36:21 swollen 46:4 sworn 3:4 symptoms 20:1,2 22:1,16 29:5 30:25 31:5,6,12 33:19,23 35:24 39:3 49:13 50:19 51:1,6,10 54:19 54:20 57:13 62:9 63:9,1165:3,6,18 65:2171:23 72:6 72:12,15,2173:2 73:6 74:20 78:3 81:20 82:198:7,8 table 17:16 take 4:10,13 13:6 14:6 15:7 21:14 22:3 30:2,13 33:1140:6 42:9 55:23 69:25 71:18 71:19 72:19,25 76:7 83:11 85:10 taken 1:8 12:13 45:10 67:3,15 99:3 takes 33:10 talk 52:19 62:23 92:20 talked 52:22 talking 4:1124:5 58:8 59:9 Technology 12:11 telephone 14:3 tell 12:7 13:18 16:2023:1 31:24 37:17 38:2 54:24 60:10 61:5,25 62:19,19 74:1 85:14 86:14 93:11 94:10,15 95:18,19 96:22 97:5 ten 22:24,25 23:17 Term 1:3 terms 62:2 test 97:22,23 testified 3:4 52:25 testimony 2:120:14 27:24 30:2,13 54:13 59:19,23 testing 68:9,14,15 68:17 76:7 97:19 tetanus 68:1 Thank 4:16 98:11 theater 89:24 therapy 48:14,16 49:3,10,1175:7 thereof 52:22 thing 4:4 17:14 27:22 30:14 37:18 54:24 96:15 things 4:3 7:25 24:2125:24 26:11 27:2,3,4,6,7 29:4 37:22 38:2,4,5 49:19 think 6:13 20:23 22:20 51:4 53:18 59:16 67:12 73:16 76:15 81:12 95:1 97:7,20 thinking 21:20 71:4 86:20 96:12 third 79:2 90:9 threat 41:19 three 6:1121:20 22:2,10 30:23 43:8 47:4 56:14 61:5 76:15 three-day 42:6 three-week 21:23 22:3,15 throat 52:14 96:13 thrown 55:13 62:4 62:5,6 thumb 10:17 11:1 tight 20:21 time 4:3,13 6:18 7:22 8:24 9:12 14:7 15:25 16:18 18:4 19:18,24 21:14 22:21,22 24:24 25:2,4 26:1 28:18 29:6,24 30:24 32:12 34:2 34:19,25 36:9 37:138:16 39:14 39:24 43:12 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79:22 $900 87:21 08-7456 1:2 1:3198:14 1043:15 65:16 67:15,18,25 82:21 85:17 10:50 1:11 1179:4 12 5:5 83:23 15 39:11 16 6:6 56:15,17 78:25 170111:18 6:7 17019 5:6 17065 5:1 171-54-46015:16 17110 1:21 18 82:23 19 1:1136:20 1977 12:10 1978 12:12 1980 5:25 1989 44:10 46:13 199147:10 1998 10:2147:18 1999 37:13 38:7 40:22 43:7 2 20 5:8 6:14 82:20 20-some-odd 71:3 2000 1:12,20 5:21 13:13,16 14:17 37:4,5,14 38:8 40:22 43:7 46:23 67:10 73:16 74:1 74:9 2002 48:5 200410:12 66:7 2006 7:2 10:10 15:16 17:7,11 19:23 31:134:20 34:23 35:12 36:4 37:14 38:22 39:6 40:9,14,16 42:4 44:3 46:10 47:1,7 49:14 53:2 55:5 56:3 57:5 62:25 64:3 65:21 81:8 81:16 95:14 2007 7:2 10:7,10 56:15,17 2008 58:3 59:3 2009 57:24 68:20 78:21 2010 1:11 215:25 246:1423:1024:2 DiscoveryWorks Global 888.557.8650 www.dw-global.com 10 26:3,3 51:7 25 39:10 27 6:13 29 15:16 17:7,11 19:23 31:134:20 34:23 35:12 36:4 38:22 39:6 40:9 42:4 44:3 46:10 47:149:14 53:2 55:5 56:3 57:5 62:25 64:3 65:21 81:8,16 95:14 3 2:4 30 39:10 70:9 86:6 301 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Helm and Dennis L. Helm Court of Common Pleas VS. Nathaniel L. Grove and Timothy P. Wilkinson 087456 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Highmark BC/BS Health Insurance TO: Dennis Boyle, Esquire note: please see enclosed list of all other interested counsel Record Type: Litigation Solutions, LLC ('LSLLC') on behalf of Joseph Murphy, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 2/23/2010 CC: Joseph Murphy, Esquire - Court of Common Pleas _ t If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Joseph Murphy, Esquire Defense COUNSEL LISTING FOR KAREN A. HELM AND DENNIS L. HELM VS. NATHANIEL L. GROVE AND TIMOTHY P. WILKINSON County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Boyle, Esquire, Dennis 4660 Trindle Road, Suite 200 Camp Hill PA 17019 Opposing Counsel ?: i-7, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Karen A. Heim and Dennis L. Heim Court of Common Pleas VS. Nathaniel L. Grove and Timothy P. Wilkinson 087456 Request For Records Copies Related To Subpoena Document Request Provider: Copy Sets Requested: Highmark BC/BS Please return this completed form to Litigation Solutions, LLC. Please be advised that Litigation Solutions, LLC requires prepayment for all requested records above. Therefore, once the requested records are obtained an invoice for prepayment will be generated and sent directly to your attention. This prepayment includes a $5.00 administrative fee. Once payment has been received the records will be promptly forwarded to your attention. If you should happen to have any questions or concerns regarding this matter, please don't hesitate to contact Maria Osinski at 412.253.1101 or fax at 412.253.1059. Date of Issue: 2/23/2010 R , l',%LP,'i i 1 i •J ! _r:, ' + ri 01 P Nr S' J r 0 Karen A. Helm and Dennis L. Helm 087456 File fJo_ vs. Nathaniel L. Grove and Timothy P. Wilkinson SUl?1.30El-? TO APPRODUCE 1' OCUTAMEN S OR `CGS FOR DISCOVERY PU S A-11 TO Pc LE 4009,22 O: Highmark BC/BS (Name of Person or Entity) \Vithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the foilo,qn?nig documents or -di-ings: .PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (.Address) You may deliver or snail legible copies of the documents or produce things requested by this subpoena, together with the certificate rf compLance, to the party making thi's.req_uest at the address listed ahove. You have the right to seek in advance the reasonable cost of preparing; the copies or producing the dn'D's 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 cornpelling you to comply vdth it: TIFTHS SUBPOENA VVAS ISSUED AT THE pFQUEST OF TIC FOLL OTA/T TG PERSON: NAIviE: Joseph Murphy, Esquire A-DD?S ZUUO- in.g es own oa Suite 301 Harrisburg , 17110 TELEPHONME: 717-441-9257 SUPP..Ehe colm T ID ATTOPIT YFOR: Def B Y 7=K? OUP.T: Protonotary, Civil Division Date:' Seal r, V G Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Highmark BC/BS 1800 Center Street Camp Hill PA 17011 Attention: Insurance Records Department Subject: Helm, Karen SS#: 4601 Date of Birth: 8/25/1959 Requested Items: Complete copy of any and all insurance records from 8/25/1959 to present, including: claims paid, denials, statements, EOB's and correspondence. r"' 1 MAY 2 7 l 2010 KAREN A. HELM and IN THE COURT OF COMMON PLEAS DENNIS L. HELM CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs NO. 087456 NATHANIEL GROVE JURY OF TWELVE DEMANDED Defendants ORDER OF COURT AND NOW, this Z. q day of 2010, upon consideration of defendant's Motion to Strike Plaintiff's Objections to Subpoena, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 21 days of the date of this order. Dennis E. Boyle, Esquire Boyle, Neblett & Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 oseph F. Murphy, Esquire 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 S'aa//0 0 c "' z? CD -. ?, e 2010 J? ' 17 P 1 *: 09 BOYLE, NEBLETT & WENGER Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com KAREN A. HELM, V. Cult/r Counsel For: Karen A. Helm : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NATHANIEL A. GROVE, Defendant : NO. 08-7456 CIVIL TERM : CIVIL ACTION -LAW : JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO RULE TO SHOW CAUSE AND NOW, comes the Plaintiff, Karen A. Helm, by and through her counsel, Dennis E. Boyle, Esquire, Joshua M. Autry, Esquire and the firm of Boyle, Neblett & Wenger, and shows cause as to why her Objections to Subpoena should not be stricken as follows: 1. On February 25, 2010, Plaintiff received a copy of Defendant, Nathaniel Grove's, Notice of Intent to Serve a Subpoena on Highmark Blue Cross / Blue Shield, seeking a "Complete copy of any and all insurance records from 8/25/1959 to present, including: claims paid, denials, statements, EOB's and correspondence." 2. On March 5, 2010, Plaintiff filed Objections to this subpoena pursuant to Rule of Civil Procedure 4009.21. A copy of the proposed subpoena was attached to these objections. r 3. On or about May 26, 2010, Defendant Grove filed a Motion to Strike Plaintiff's Objections to Subpoena. 4. On May 27, 2010, this Court issued an Order requiring Plaintiff to show cause as to why the Court should not strike her objections to the subpoena. 5. As Defendant Grove explains in his Motion to Strike Plaintiff s Objections, he wishes to subpoena a complete copy of Plaintiff's health insurance records from birth through the present day in order to find evidence of pre-existing head injuries. 6. Such a discover request is overbroad and impermissible. 7. Initially, it is significant that Defendant Grove has failed to limit the subpoena in any way, shape or form so as to tailor it to the instant action. Specifically, the subpoena not only seeks all claims related to prior head injuries but all claims, period. Accordingly, this unnecessarily broad sweeping subpoena seeks a substantial amount of irrelevant medical and insurance information in violation of Pa.R.C.P. No. 4003.1. 8. Moreover, the subpoena in seeking all health insurance records from birth would cause unreasonable annoyance and oppression to Plaintiff. There are significant privacy concerns in the unnecessary disclosure of health insurance and medical records. Defendant Grove has failed to explain its need to know all of her health insurance claims in her entire life and has made no attempt to limit this subpoena to relevant information. Accordingly, the subpoena would violate Pa.R.C.P. No. 4011(b). 9. Finally, Pa.R.C.P. No. 4003.2 limits insurance discovery to the existence and terms of a current insurance agreement that could satisfy part or all of a judgment. However, in direct 2 Y violation of this Rule, the proposed subpoena seeks impermissible evidence including "claims paid, denials, statements, EOB's and correspondence." WHEREFORE, Plaintiff, Karen A. Helm, respectfully requests that this Court sustain her objections to Defendant Grove's subpoena to Highmark Blue Cross / Blue Shield. BOYLE, NEBLETT & WENGER oyle, Esq uire Aennni>A?.' ourt I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Fax: (717) 737-2452 Email: deboylendennisboylelaw.com jmauta kdennisboylelaw.com Counsel For: Plaintiff Dated: June 16, 2010 11, CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Joseph F. Murphy, Esquire Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Sara J. Ber bile, Paralegal Dated: June 16, 2010 KAREN A. HELM, Plaintiff V. NATHANIEL A. GROVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 08-7456 CIVIL TERM IN RE: MOTION OF DEFENDANT TO STRIKE PLAINTIFF'S OBJECTIONS TO SUBPOENA ORDER OF COURT AND NOW, this 23rd day of June, 2010, upon consideration of the Motion of Defendant To Strike Plaintiff's Objections to Subpoena, and of Plaintiffs Response to Rule to Show Cause, a discovery conference/hearing is scheduled for Wednesday, August 4, 2010, at 10:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Xennis E. Boyle, Esq. Joshua M. Autry, Esq. 4660 Trindle Road Suite 200 Camp Hill, PA 17011 Attorneys for Plaintiff Joseph F. Murphy, Esq. Forry Ullman 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Attorney for Defendant A J © . o rn Fr n-1 :rc BY THE COURT, KAREN A. HELM and IN THE COURT OF COMMON PLEAS OF DENNIS L. HELM, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW C v 08-7456 CIVIL TERM c NATHANIEL GROVE, r Defendant (-'' IN RE: DISCOVERY CONFERENCE ORDER OF COURT AND NOW, this 4th day of August, 2010, upon consideration of Defendant's Motion To Strike Plaintiff's i` Objections to Subpoena, and following a conference in chambers, in which Plaintiffs were represented by Joshua M. Autry, Esquire, and Defendant was represented by Joseph F. Murphy, Esquire, it is ordered and directed as follows: Defendant's subpoena to Highmark - Blue Shield with respect to records relating to Plaintiff Karen A. Helm shall be limited to a request for all information relating to claims at any time with respect to nausea, arm injuries, leg injuries, ankle injuries, back injuries, vertigo, facial numbness, ear problems, nose and sinus problems, and neck problems, and claims relating to any conditions relating thereto. To the extent that the insurer requires an authorization from Plaintiff Karen A. Helm for the release of such information, such release shall be provided by Plaintiff. By the Court, ? Joshua M. Autry, Esquire 4660 Trindle Road Suite 200 Camp Hill, PA 17011 For Plaintiffs Joseph F. Murphy, Esquire 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 For Defendant :mae t £S ink[ LL ? s?rv ILED,-0? FICI PROTHONOTAR? FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 540 Court Street PO Box 542 2GI 1 HAR -4 P 1: 19 C'UMBERLAND COUNTY PENNSYLVANIA Reading, PA 19603 (610) 568-1427 jmurphy@foMafllman.com \-,V\ l,`bo KAREN A. HELM and : IN THE COURT OF COMMON PLEAS DENNIS L. HELM : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 087456 NATHANIEL L. GROVE and TIMOTHY P. WILKINSON Defendants : JURY OF TWELVE DEMANDED PRAECIPE FOR CHANGE OF ADDRESS Kindly change the address of the undersigned counsel to: Joseph F. Murphy, Esquire FORRY ULLMAN, PC 540 Court Street PO Box 542 Reading, PA 19603 as the place where papers, process and notices may be served. FORRY, ULLMAN, UL & FORRY, P.C. By: JOSS RP UIRE Dated: ' ?1 j KAREN A. HELM and : IN THE COURT OF COMMON PLEAS DENNIS L. HELM : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 087456 NATHANIEL L. GROVE and TIMOTHY P. WILKINSON Defendants : JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, being duly sworn according to law, deposes and says that I have forwarded my Praecipe for Change of Address, by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Dennis E. Boyle, Esquire Boyle, Neblett & Wenger 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Date: L./ j/ By: Gregory Cassimatis, Esquire 4999 Louise Drive Mechanicsburg, PA 17055 KAREN A. HELM, and DENNIS L. HELM, Plaintiffs V. NATHANIEL A. GROVE, and TIMOTHY P. WILKINSON, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7456 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of 72i e A , 2012, in consideration of the Plaintiff's Petition for Appointment of Arbitrators, f 692-- , Esquire, i/ A 2, "wq Esquire, and Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: ? ef, h r M ar _ /t y, , 1 . A ji(r?/jn t? ?mS?ie.ccl l? ?lcTry , ?5 J. c y? N c , 3 LdP r ?s ,, led /?i BOYLE, AUTRY & MURPHY Dennis E. Boyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com j mautry@dennisboylelaw.com KAREN A. HELM, and DENNIS L. HELM, Plaintiffs V. NATHANIEL A. GROVE, and TIMOTHY P. WILKINSON, Defendants FIL D-C r1CE OF T r?DNOT r' i_- 2012 FEB 16 AM I I: 6F,, CUMBERLAND COUNTY PENNSYL.14ANI;t Counsel For: Karen A. Helm : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-7456 CIVIL TERM : CIVIL ACTION -LAW : JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Dennis E. Boyle, Esquire, Joshua M. Autry, Esquire, and the firm of Boyle, Autry & Murphy, counsel for Plaintiff in the above action, respectfully represent that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is not in excess of $50,000.00. The counter- claim of the Defendant in the action is $0.00. I ILL ei? LKS3 The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Dennis E. Boyle Joshua M. Autry Paul D. Murphy-Ahles WHEREFORE, your Petitioner prays your Honorable Court to appointment three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, BOYLE, AUTRY & MURPHY / De . Boyle, Esquire Supreme Court I.D. No. 49618 Joshua M. Autry, Esquire Supreme Court I.D. No. 208459 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737-2430 Facsimile: (717) 737-2452 Email: deboyle@dennisboylelaw.com jmautry@dennisboylelaw.com Counsel For: Karen A. Helm Dated: February 14, 2012 CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Joseph F. Murphy, Esquire Forry Ullman 540 Court Street PO Box 542 Reading, PA 19603 r coda D. Lightner, Paralegal j Dated: February 15, 2012 16 rep! l?e?in ?44 laintiff P ?a n?e? Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. O 8' " 7 ys6 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the onstitutio f this Commonwealth and that we will discharge the duties of o ce with fidelity. Signature afore gnature '*e Aw? I-;r~- .,- ///, 1-?i 4 .1 Name (Chairman) Name Name / Me a41 K ?/? ,?? iK, rc,• ? tie ????? /l,l? ,.cam Law Firm Law Firm Law Firm ion s. y1???? Addres 117 City, zip Leo 6sT-,o 1-T Address Address City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, the shall be separately stated.) ??a Qac e5 I??l? a?? 1, ly 70 .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: A/ W/ 2 Date of Award: l Chairman) Notice of Entry of Award Now, the A day of , 20 /;?- , at _, P M., the above award was entered upon the docket d notice thereof given by mail to the parties or their attorneys. Arbitrators' c, Pena *n to be paApon appeal: $ All& By: Prothonotary Deputy JIM 114 P SYL VA ? sep ?t ? i1'l a rP 6i?r? L-'S? At~G 1 0 ppt1 88/07/2012 03:20 16107772499 KAREN A. HELM and DENNIS L. HELM Piaintiffs v. NATHANIEL L. GROVE and TIMOTHY P. WILlCINSON Defendants FORRY ULLMAN pq,~ ~ 2 u ~_ .~ ~~ "ROTHn ifl'Tt~~''s 2012 AUG 1 ~ IN THE COURT OF COMMON PLEAS ~~~~~ CUMBERLAND COUNTY, PENNSYLVAI'~~~~~~ NO.O$7456 JURY OF TWB,LVE DFMANpED TO THE PROTHONO~'ARY: Please mark the docket in the above-captioned case settaed, tke Arbitration Award satisfied, and the case discontim~ed. ~, ~~g~z I sun A uiie ~. 01