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Home My WebLink About09-2104SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ADAM E. NORMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JENA L. MILAKOVIC, Defendant NO. Oq- 9-M 0'i vil ler-N CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ADAM E. NORMAN, Plaintiff V. JENA L. MILAKOVIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED ,??u5, '8 v 'ft?? fair vi z vi %'• 3'r ,f+P'` a:.' ir§ LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de I, fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demands en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y pu( entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que e: pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derecho importantes para usted. LEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAMI POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff ADAM E. NORMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JENA L. MILAKOVIC, Defendant NO. 49- ? /oy CIVIL ACTION - LAW JURY TRIAL DEMANDED k ea AND NOW, comes the Plaintiff, ADAM E. NORMAN, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, ADAM E. NORMAN, is an adult individual who currently resides at 637 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, JENA L. MILAKOVIC, is an adult individual whose last known address is 23 Sussex Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The facts and circumstances hereinafter set forth took place on August 16, 2007, at or about 10:50 p.m. at or near the intersection of Simpson Ferry Road and Leona Street in Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, ADAM E. NORMAN, was operator of a 2000 Kawasaki ZX6R Motorcycle that was traveling in a westbound direction on Simpson Ferry Road, approaching its intersection with Leona Street. 5. At the aforesaid time and place, Defendant, JENA L. MILAKOVIC, was operator of a 2000 Honda Civic that was traveling in an eastbound direction on Simpson Ferry Road at or near its intersection with Leona Street. 6. At the aforesaid time and place, Defendant, JENA L. MILAKOVIC, attempted to make a left-hand turn onto Leona Street, and in doing so, crossed directly into the path of the oncoming Plaintiff. 7. Defendant, JENA L. MILAKOVIC'S, turning actions caused the Plaintiff, ADAM E. NORMAN, to strike the rear passenger-side quarter panel of Defendant's vehicle and to be ejected from his motorcycle. 8. As a result of the aforesaid incident, Plaintiff, ADAM E. NORMAN, has suffered serious and permanent injuries, including but not limited to the following: A. Right knee injury; B. Right hip injury; C. Right flank injury; D. Right ankle injury; E. Left shin injury; F. Thoracic disc protrusions at T6-T7 and T7-T8; G. Thoracic spine strain/sprain; H. Thoracic interspinous ligament pain/trigger points; 1. Cervical spine pain; J. Cervical radiculitis; K. Low back pain; L. Concussion; M. Post-concussion syndrome; N. Headaches; 0. Cephalalgia; P. Post-traumatic stress disorder; Q. Road rash; R. Multiple contusions and abrasions; S. Severe shock to nerves and nervous system; T. Mental and physical anguish. 9. The aforesaid collision was the direct and proximate result of the negligence of Defendant, JENA L. MILAKOVIC, in operating her 2000 Honda Civic in a careless, reckless, and negligent manner as follows: A. Turning her vehicle left within an intersection without yielding the right-of-way to a vehicle approaching in the opposite direction which was so close as to constitute a hazard in violation of Section 3322 of The PA Motor Vehicle Code. B. Failing to yield the right-of-way to another vehicle in the intersection in violation of Section 3323 (b) of The PA Motor Vehicle Code; C. In failing to observe Plaintiffs vehicle on the highway; D. In failing to exercise the high degree of care required of a motorist entering an intersection; E. In failing to keep a reasonable look-out for other vehicles lawfully on the road; F. In failing to yield the right-of-way to oncoming traffic; G. In turning in such a manner as to endanger other vehicles on the highway. 10. As a direct and proximate result of the aforesaid injuries, Plaintiff, ADAM E. NORMAN, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, ADAM E. NORMAN, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, ADAM E. NORMAN, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, ADAM E. NORMAN, has sustained scarring and disfigurement for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, ADAM E. NORMAN, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 15. As a further result of this collision, Plaintiff, ADAM E. NORMAN, has and/or may incur reasonable and necessary medical rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contact, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 16. As a further result of the aforesaid injuries, Plaintiff, ADAM E. NORMAN, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 17. Plaintiff, ADAM E. NORMAN, was occupying a motorcycle at the time of the collision, which is not a private passenger motor vehicle. Therefore, Plaintiff remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 18. Plaintiff, ADAM E. NORMAN, had the following items which were damaged as a result of the aforesaid collision, the replacement value of which Plaintiff claims reimbursement from the Defendant: riding boots. WHEREFORE, Plaintiff, ADAM E. NORMAN, demands judgment against Defendant, JENA L. MILAKOVIC, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP BY: K Januzzi, Esquire ey for Plaintiff I. U. No. 65575 2225 Millennium Way Enola, PA 17025 717-728-3200 Dated: April 1, 2009 0 0 VERIFICATION I, Adam E. Norman , hereby acknowledge that I am a Plaintiff in this action and that I have read the Camp I a i nt and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. - 4z: ? ? ignature Date: 4/1/09 G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SETUPS)\Verification.wpd SHOLLENBERGER 8 JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 ! FAX (717) 7283200 OF 7HE l 109 APR -3 PM 2: 17 C? 1 COUNTY PENNSYLVANIA 418.50 Pb ATTy Cro-13Rto% P..T?a?3a.ic, SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ADAM E. NORMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JENA L. MILAKOVIC, Defendant NO. 09 - 0110q Ci Vi 1 T r m CIVIL ACTION - LAW JURY TRIAL DEMANDED PL41IM TO: JENA L. MILAKOVIC, Defendant You are hereby requested to admit, for purposes of this action only, pursuant to Pa.R.C.P. 4014, the following: You were on your cellular telephone within the moments immediately preceding the collision on August 16, 2007. Admit Deny You are directed to file an answer to this request, in compliance with Pa.R.C.P. 4014(b), within thirty (30) days after service of this request upon you. SHOLLENBERGER & JANUZZI, LLP BY: J. Januzzi, Esquire •nev for Plaintiff Dated: April 1, 2009 OF, 2009 APR _3 pff 2-- 17 Ct1P,48Y? ?? ?L ??? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff ADAM E. NORMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JENA L. MILAKOVIC, Defendant To: JENA MILAKOVIC, Defendant NO. 04 - al0 { CivilTersi CIVIL ACTION - LAW JURY TRIAL DEMANDED PLEASE TAKE NOTICE THAT PURSUANT TO Pa. R.C.P. 4009, you are required to furnish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1. The contents of any investigation file or files, and any other documentary material in your possession or control which support or relate to the allegations contained in the Plaintiffs' Complaint (excluding any documents or portions thereof found in such file whose production would disclose the mental impressions of Defendant's attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories or would require disclosure of the mental impressions, conclusions or opinions respecting the value or merit of Plaintiffs' claim or its defense or respecting strategy or tactics of a representative of the Defendant other than Defendant's attorney). ANSWER: 2. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. ANSWER: 3. Any documents, including but not limited to Defendant's cell phone or car phone records, which include the time and date of all cell or car phone calls placed by the Defendant on the date of the collision. ANSWER: 4. All photographs taken or diagrams prepared of the scene of the accident or any instrumentality involved therein. ANSWER: 5. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. ANSWER: 6. The face sheet and policy of insurance that covered the Defendant on the date of the incident against the type of risk or loss involved in this case. ANSWER: 7. Any medical reports, records, notes or other memoranda concerning the Plaintiffs physical or emotional conditions. ANSWER: 8. Any repair bills or estimates of damage for the vehicle the Defendant was operating at the time of this incident. ANSWER: 9. All accident reports prepared by the Plaintiffs or on the Plaintiffs' behalf pertaining to the incident alleged in the Complaint. ANSWER: 10. All accident reports prepared by the Defendant or on the Defendant's behalf pertaining to the accident alleged in the Complaint. ANSWER: 11. All resumes or curriculum vitae of each and every technician or expert whom you intend to call as a witness during the trial of this case. ANSWER: 12. All exhibits which you intend to introduce at the trial of this action. ANSWER: 13. A list of all witnesses, both lay and expert, which you intend to call at the time of trial. ANSWER: 14. Any and all surveillance, tapes, films, motion pictures, photographs, or other documents conducted in the nature of surveillance or as part of a surveillance of any of the parties in this case. ANSWER: 15. The complete "claims search summary" under the "index system" including, but not limited to, any claims report that was obtained or exists with respect to the Plaintiffs. ANSWER: 16. A photostatic copy of the owner's and operator's driver's licenses, as well as registration card for the vehicle involved in the incident which is the subject of this law suit. ANSWER: 17. Any and all documents or things that are obtained through the use of a subpoena to produce documents and things pursuant to Pa.R.C.P. 4009.22. ANSWER: By: SHOLLENBERGER & JANUZZI, LLP Karl J. zzi, Esquire Attorn or Plaintiffs Dated: April 1, 2009 RBXYT" OF THE PFK)THMTARY M9 APR -3 PM 2: 17 CUMB '., IW PcJ?tNXVANIA S R Thomas Kline Sheri Ronny R Anderson Chief Deputy s Office of Cumberland County ?? Hta of cult1brrt Edward L Schorpp Solicitor `fin ? T Y - Y Jody S Smith OFFICE "=V r °-ERIFF Civil Process Sergeant SH 04/08/2009 07:35 PM - Mark Conklin, D 2009 at 1935 hours, he see defendant, to wit: Jena L. M Sussex Road, Camp Hill, Ci handing to him personally tt SHERIFF COST: $40.12 April 09, 2009 FF'S RETURN OF SERVICE ;puty Sheriff, who being duly sworn according to law, states that on April 8, ed a true copy of the within Complaint and Notice, upon the within named lakovic, by making known unto Jeff Milakovic, father of the defendant, at 23 imberland County, Pennsylvania, 17011, its contents and at the same time e said true and correct copy of the same. SO ANSWERS, '?'=e"F"o R THOMAS KLINE, SHERIFF Pbeputt' Ski i f f Docket No. 2009-2104 Adam Norman v Jena M R1LED-D?RCF OF THE OTIHO CTARY 2009 APR 13 AM !a: 3 7 PENNS`r -VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM E. NORMAN, CIVIL DIVISION Plaintiff, V. NO. 09-2104 PRAECIPE FOR APPEARANCE JENA L. MILAKOVIC, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17006 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM E. NORMAN, CIVIL DIVISION Plaintiff, V. NO. 09-2104 JENA L. MILAKOVIC, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Jena L. Milakovic, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: vin D. F(auch, Esquire unsel for Defendant P CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 14TH day of April, 2009. Karl J. Januzzi, Esquire Shollenberger & Januzzi, L.L.P. 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: WD. )Rauch, Esquire nsel for Defendant OF THE P"CTll "r`N!oTkgy 2009 APR 27 PIN 12= 0 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM E. NORMAN, Plaintiff, CIVIL DIVISION V. JENA L. MILAKOVIC, Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. r? (L- Summers, McDonne , Hudock, Guthrie & Skeel, L.L.P. NO. 09-2104 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM E. NORMAN, CIVIL DIVISION Plaintiff, V. NO. 09-2104 JENA L. MILAKOVIC, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Jena L. Milakovic, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Denied as stated. It is admitted that a collision occurred on the date, time, and place of the subject accident. The remaining facts and circumstances related in the Complaint are admitted or denied as set forth below. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that a collision occurred at the date, time, and place of the subject accident. The remainder of the allegations in paragraph 6 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Admitted in part, denied in part. It is admitted that a collision occurred at the date, time, and place of the subject accident. The remainder of the allegations in paragraph 7 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 and its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 and its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Admitted. 18. The averments of paragraph 18 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Jena L. Milakovic, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 19. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 20. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 21. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, the Defendant, Jena L. Milakovic, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. R uch, squire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date. b Jena L. Milakovic #17006 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 16th day of June, 2009. Karl J. Januzzi, Esquire Shollenberger & Januzzi, L.L.P. 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: /xzl Kevin D. Rauch, Es uire Counsel for Defendant F LI E D r OF ?HC 2000 Juij 1,8 P jj 1: 15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM E. NORMAN, CIVIL DIVISION Plaintiff, NO. 09-2104 V. RESPONSE TO PLAINTIFF'S REQUEST JENA L. MILAKOVIC, FOR ADMISSIONS Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17006 From Aho l l enbe rger & Januzz i , LLP 717 728 3400 05/28/2009 13:07 #601 P.002/002 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ADAM E. NORMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. JENA L. MILAKOVIC, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS PURSUANT TO PA'R.C.P. 4014 TO: JENA L. MILAKOVIC, Defendant You are hereby requested to admit, for purposes of this action only, pursuant to Pa.R.C.P. 4014, the following: 1. You were on your cellular telephone within the moments immediately preceding the collision on August 16, 2007. Admit ?- Deny You are directed to file an answer to this request, in compliance with Pa.R.C.P. 4014(b), within thirty (30) days after service of this request upon you. SHOLLENBERGE.R & JANUZZI, LLP BY: Karl J. JanIIZZi, Esquire Attorney for Plaintiff Dated: April 1, 2009 VERIFICATION I, Jena L. Milakovic, hereby verify that my Responses to Plaintiff's Request for Admissions are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. na L. ilak.ovic Dated: #17006 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 22ND day of June, 2009. Karl J. Januzzi, Esquire Shollenberger & Januzzi, L.L.P. 2225 Millennium Way Enola, PA 17025 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: il? - E? ^ Kevin D. Rauch, squire Counsel for Defendant ,, SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ADAM E. NORMAN, Plaintiff V. JENA L. MILAKOVIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2104 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT AND NOW comes the Plaintiff, ADAM NORMAN, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers the New Matter of Defendant, Jena L. Milakovic, as follows: 19-21. The allegations set forth in paragraphs 19-21 of the New Matter of Defendant, Jena L. Milakovic, are conclusions of law which require no responsive pleading. By way of further answer, the allegations set forth in paragraphs 19-21 of the Defendant's New Matter are herby denied. WHEREFORE, Plaintiff, ADAM E. NORMAN, respectfully requests Your Honorable Court strike the New Matter of the Defendant and enter judgment in the Plaintiff's favor. Date: ?kw aq, dwq Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: 7 K I .,Ydnuzzi, Esq. t ney I.D. #: 65575 Att rnev for Plaintiff SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ADAM E. NORMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JENA L. MILAKOVIC, Defendant NO. 09-2104 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this day of June, 2009, 1 hereby certify that I have served a true and correct copy of the Complaint by United States mail, postage prepaid, addressed to: Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 By: J. Januzzi, Esq. ttorney I.D. #: 65575 Attorney for Plaintiff Al ED- Oil 2019 JUL - f PH 12: 1, 9 culmr- .fiJ{ ~l.is_ Cjn~'t! s ii~t~Q l~C\ i~ 2C!0 ~~r -7 ~o~ 1: tg _, ~ i ~''" ~Je~r~ tJl~~,~~IH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM E. NORMAN, CIVIL DIVISION Plaintiff, NO. 09-2104 v. MOTION TO COMPEL COMPLIANCE JENA L. MILAKOVIC, WITH SUBPOENA Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Matthew Ridley, Esquire Pa. I.D. #204265 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM E. NORMAN, Plaintiff, v. JENA L. MILAKOVIC, Defendant. CIVIL DIVISION NO. 09-2104 (Jury Trial Demanded) MOTION TO COMPEL COMPLIANCE WITH SUBPOENA AND NOW, comes the Defendant, Jena L. Milakovic, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files this Motion to Compel Compliance with Subpoena, and in support thereof avers the following: 1. This case arises out of a motor vehicle accident which occurred on August 16, 2007, and which the Plaintiff, Adam E. Norman alleges to have caused injuries. 2. On April 22, 2010, in accordance with Pa.R.C.P. 234.2, the Defendant served a subpoena upon the office of Dr. James Miller, M.D., who is believed to have treated the Plaintiff prior to the subject accident. (A copy of the FedEx tracking results is attached at exhibit "A") 3. The subpoena requested medical records, films, and a list of all available films regarding the Plaintiff, Adam E. Norman. (A copy of the subpoena is attached as exhibit "B"). 4. As of the date of this filing, Dr. Miller's office has not provided a certificate of compliance nor has it provided the requested documents or films. 5. Pa.R.C.P. 4009.23 states that the "person not a party upon whom the subpoena has been served shall, in complying with the subpoena, execute a certificate of compliance and deliver it with the documents or things produced to the party serving the subpoena within twenty days of service." 6. Pursuant to Pa R.C.P. 4009.23, Dr. Miller's office was required to produce a certificate of compliance and the requested records, films, and film lists by May 12, 2010. 7. Pa.R.C.P. No. 4009.26 states that if the person upon whom a subpoena has been served should "fail to produce the documents or things required by [the] subpoena within twenty (20) days after its service, the party serving [the] subpoena may seek a court order compelling [the person upon whom the subpoena has been served] to comply with it." 8. Accordingly, pursuant to Pa.R.C.P. 4009.26, the Defendant respectfully requests this Honorable Court issue an Order compelling Dr. Miller's office to comply with the subpoena at issue within twenty (20) days or face such sanctions as the Court sees fit, including an assessment of reasonable attorney's fees incurred by the Defendant in pursuing compliance with the subpoena. 9. Defense Counsel certifies that he has contacted the Plaintiff's Counsel regarding this Motion, that has provided him with a copy of the full text, and that the Plaintiffs Counsel has no objection. 10. Judge Albert H. Masland has ruled on a prior Motion to Compel Discovery in this matter. WHEREFORE, the Defendant, Jena L. Milakovic, respectfully requests this Honorable Court enter an Order compelling the office of Dr. James Miller to comply with the subpoena regarding the records and films of the Plaintiff, Adam E. Norman. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. Kevin D. Rauch, Esquire Matthew Ridley, Esquire Counsel for Defendant Page 1 of 1 Print naae ~ S Detailed Results Tracking no.: 793469575219 Select time format: 12H ' Delivered Delivered ( Signed for by: T.SEMIC 'i ' Shipment Dates Destination Ship cJete~ Apr 21, 2010 ~~~ ~~ ~ HARRISBURG, PA ___.. ~^^~~ Delivery date Apr 22, 2010 10:08 AM Signature Proof of Delivery __ _ __ ~ Shipment Facts r --_. Service type Priority Overnight Delivered to Receptionist/Front Desk ' Weight 1.0 Ibs/.5 kg Reference EC/AJ/ADAM NORMAN Department number Medical Records _ __ __ _._ Shipment Travel History I ',Select time zone: Local Scan Time !All shipment travel activity is displayed in local time for the location i (DatelTime €€ -- - Activity i I Location ;Details ! {Apr 22, 2010 10:08 AM E[ s ~Dellvered ;HARRISBURG, PA i Apr 22, 2010 8:15 AM ! On FedEx vehicle for delivery ~MIDDLETOWN, PA Apr 22, 2010 7:23 AM ~At local FedEx facility MIDDLETOWN, PA Apr 22, 2010 6:27 AM ;At dest sort facility MIDDLETOWN, PA .Apr 22, 2010 5:09 AM ~ Departed FedEx location ~ INDIANAPOLIS, IN j Apr 21,2010 11:37 PM Arrived at FedEx location 'INDIANAPOLIS, IN Apr 21, 2010 9:10 PM Left FedEx origin facility PITTSBURGH, PA .Apr 21,2010 4:20 PM Picked up j PITTSBURGH, PA { Apr 21, 2010 2:38 PM Shipment information sent to FedEx ~ I http://www.fedex.com/Tracking/Detail?ftc_start url=&totalPieceNum=&backTo=&templat... 7/6/2010 CCTvI;',~iiJ`~T`w~AL TH OIL PENN'S VP.~~t.A. COU~~'Y UT- CiTI`~EP.L.~,1~~~; Adam E. Z~•orman VS. Jena L. Milakovic 09-2104 File 130. S~J~:['~I+ I~~ ~`®! ~R~L~UC~ I~~~U~~TS ®~" T~Ird~~ F~~ DIS~~~~t~ PIUAN'I' T~ RI~..~ 4009,22 Dr. James Miller T~J: • (1Jarne of Person or Entity) STJithin twenfiy (20) days after service of this subpoena, you are ordered by the Court to produce the fallowing documents or things: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You inay delivex or mail legible copies of the documents or produce things requested lay this subpoena, together with the certificate of compliance, to the party making this.zcquest at the address listed above. You have the right to seek in advance the reasonable cost of pxeparing~thc Copies ox producing the things sought. '/ If you fail to produce the documents or things •rcquired by this subpoena cvith%n twenty (2Q) days after .its service, the party serving this subpoena may seek a court order compeldjng you to comply with it: THIS SUBPOENA. WAS ISSUED AT THE REQUEST OF TOTE FOLLOWING PERSON: Kevin Rauch, Esquire NAivSE: ~Dl~ESS:. Suite 306 ec ani , TELEPHONE: - 6-~ SUPREME COURT~~# ATTORNEY POR: B OURT: rathonotaiy, Civil Division Date: /0 ea of the Court _ Deputy' SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Dr. James MNler 1711 Front Street Harrisburg PA Attention: Records Department Subject: Norman, Adam E. SS#:9128 Date of Birth: 6j1/1970 Page 1 of 1 Requested Items: Please remit: a complete copy of any and ali documents in your possession (ti/iJ1970 to Presenk) regarding the above- named patient, including but not Ilmited to: • Medical records {charts, test results, reports, correspondence, office notes) • Films (X-rays, MRis, CTs), Film {ists.BR> PLEASE PROVIDE A LIST OF FILMS PRIOR TO REPRODUCTION. http:/lrats.litsol.com/ratseventsisubpoena_rider.asp?PLid-PL381439&WRid=WR39515 4!812010 CERTIFICATE OF SERVICE I hereby certify that the Motion to Compel Directed to Dr. James Miller, M.D., was served on the following counsel by first class mail on this 6th day of October, 2010. Karl J. Januzzi, Esquire Shollenberger &Januzzi, L.L.P. 2225 Millennium Way Enola, PA 17025 ~1,.~- /1 By: ~ l.,- Kevin D. Rauch, Esquire Matthew Ridley, Esquire Counsel for Defendant, Jena L. Mllakovic 9 OCT 0 8 2010 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM E. NORMAN, Plaintiff, V. JENA L. MILAKOVIC, Defendant. CIVIL DIVISION NO. 09-2104 (Jury Trial Demanded) ORDER AND NOW, this day of 2010, it is hereby ORDERED, that the Defendant's Motion to Compel Compliance with Subpoena is granted. The office of Dr. James Miller is hereby ordered to comply with the subpoena requesting medical records, films, and a list of all available films of the Plaintiff, Adam E. Norman, within twenty (20) days of the date of this Order or face such sanctions as the Court may impose, including, but not limited to, the assessment of reasonable attorney's fees in pursuing compliance with this subpoena. C ?e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM E. NORMAN, CIVIL DIVISION Plaintiff, v. NO. 09-2104 JENA L. MILAKOVIC, (Jury Trial Demanded) Defendant. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing OCTOBER 11, 2010 ORDER OF JUDGE MASLAND has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, and to the office of Dr. James Miller, via Certified Mail, Return Receipt Requested, this 13th day of October, 2010. Karl J. Januzzi, Esquire ~ Shollenberger &Januzzi, L.L.P. .~,~ o ~, .~ 2225 Millennium Way ~~ ~; ~Tf Enola, PA 17025 v~ir' "' ~,T -c ~°. ~ ~ ~ c Dr. James Miller ~ -t, Attn: Records Custodian ~=c ~ '~=' 1711 Front Street ~'~ -= `~~ Harrisburg, PA 17102 ~ :~-. ~..~ SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: ~--mot.. Kevin D. Rauc ,Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM E. NORMAN, CIVIL DIVISION Plaintiff, v. NO. 09-2104 JENA L. MILAKOVIC, (Jury Trial Demanded) Defendant. ORDER AND NOW, this //~~- day of 2010, it is hereby ORDERED, that the Defendant's Motion to Compel Compliance with Subpoena is granted. The office of Dr. James Miller is hereby ordered to comply with the subpoena requesting medical records, films, and a list of all available films of the Plaintiff, Adam E. Norman, within twenty (20) days of the date of this Order or face such sanctions as the Court may impose, including, but not limited to, the assessment of reasonable attorney's fees in pursuing compliance with this subpoena. / J. ADAM E. NORVAN vs Case No. 09-2104 Statement of Intention to Proceed CM J To the Court: Zt (S Plainti1f, Adam E Non-nan intends to proaiththe above cap.!�maRter. z. 1-1 PrintName Karl J. Januzzi , Esq. Sign Name < C,10 Date: 9/4/13 Attorney for Pli nt i f f Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit 1.Rule ofcivil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle,551 Pa.360,710 A2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b)has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. 11 Inactive Cases purpose of R The court. After giving notice nfintent to an action m�u .�8 the v �o[O the is with the parties. If the parties do not wish to pursue the case, they will take no action and"the Prothonotary shall enter an order as of course terminating the matter with pnjudioc for failure topr000c,m." lfa party wishes m pursue the matter,heorshe will fi|eu notice of intention m proceed and the action shall continue. u. Where the action has been terminated If the action is tonoioutod when u yuny believes that it should not have been tonniomed. that party may pmoccd under 8u|e230(d)for relief from the order oftermination. Au example of such mu occurrence might he the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention mproceed. The timing ofthe fi]ingvf the petition m reinstate the action ioimportant. lf the petition iofiiud within thirty days o[ the entry vf the order of termination om the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition iafilmd later than the thirty-day period,subdivision(d)(3)requires that the plaintiff must make m showing mthe court that the petition was promptly filed and that there is vreasonohlw explanation or legitimate excuse both for the 8d|po to fi|o the ondcc of iomm,ioo to proceed prior to the entry of the undo, of termination ou the docket and for the failure mfi|n the petition within the thirty-day pedodu"derxvhdi,isiuu(d)p>. B. Where the action has not been terminated ao action which has not been terminated but which continues upon the fihngufu notice of intention to proceed may have been the subject ofinordinate delay. In such an >ooumou' the aggrieved party may pursue the remedy of common law non pros which exits independently of termination under Rule 23O1