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HomeMy WebLinkAbout09-5587ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: rsadlockAaneino-rovner.com Rose Judy Basso & Robert Basso ROSE JUDY BASSO and ROBERT BASSO, her husband, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 69 -55S7 0,1\11( lerm- CIVIL ACTION - LAW SERENITY J. PATRICK, fVa SERENITY J. LEININGER Defendant MOTOR VEHICLE ACCIDENT JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 TELEPHONE 717/249-3166 or 800/990-9108 416700 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mAs adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds 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 mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para. used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED 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 TELEPHONE 717/249-3166 o 800/990-9108 416700 ANGINO & ROVNER, P.C. Richard A.Sadlock Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 Attorneys for Plaintiffs: E-mail: rsadlockna,aneino-rovner.com Judy and Robert Basso ROSE JUDY BASSO and ROBERT BASSO, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. SERENITY J. PATRICK f/k/a SERENITY J. LEININGER, Defendant NO. Lf 9- 3,5-87 Cu;,-Y JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Rose Judy Basso and Robert Basso are adult individuals and citizens of the Commonwealth of Pennsylvania who reside at 1025 Roberts Valley Road, Harrisburg, Dauphin County, Pennsylvania 17110. 2. Defendant Serenity J. Patrick f/k/a Serenity J. Leininger is an adult individual and citizen of the State of Maryland, who resides at 14110 Grand Pre Road, Apt. #24, Silver Spring, Montgomery County, Maryland 20906. 3. The facts and occurrences hereinafter related took place on Tuesday, September 25, 2007 at the Carlisle Pike Exit of Route I-581 in Lower Allen Township, Cumberland County, Pennsylvania. 413356 1 4. At that time and place, Plaintiff Rose Judy Basso was a passenger in a 2000 Ford Windstar driven by her husband, Plaintiff Robert Basso, traveling westbound in the right lane on Route I-581 in Lower Allen Township. 5. At that time and place, Defendant Serenity J. Patrick f/k/a Serenity J. Leininger was operating a 1999 Chevrolet S-10 traveling westbound in the right lane on Route I-581 directly behind Plaintiffs Rose Judy Basso and Robert Basso. 6. At that time and place, there were several other motor vehicle who were traveling westbound and were stopped in front of Plaintiffs Rose Judy Basso and Robert Basso. 7. At the time and place, Defendant Serenity J. Patrick f/k/a Serenity J. Leininger was traveling too fast and failed to observe Plaintiffs' stopped vehicle. 8. At the time and place, Defendant Serenity J. Patrick f/k/a Serenity J. Leininger violently and without warning slammed into the rear of Plaintiffs' car. 9. Defendant Serenity J. Patrick f/k/a Serenity J. Leininger then pushed Plaintiffs' vehicle into the vehicle that was stopped in front of them causing a multiple car collision. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Rose Judy Basso and Robert Basso are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Serenity J. Patrick f/k/a Serenity J. Leininger operated her vehicle as follows: (a) failure to have her vehicle under such control as to be able to stop within 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) failure to travel at a safe speed; (d) failure to apply her brakes in sufficient time to avoid striking the rear of the Basso vehicle; 413356 2 (e) failure to take reasonable evasive action to avoid the accident; (f) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (g) failure to keep proper and adequate control over her vehicle; and (h) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I ROSE JUDY BASSO v. SERENITY J. PATRICK f/k/a SERENITY J LEININGER 11. Paragraphs 1 through 10 of Plaintiffs' Complaint are incorporated herein by reference. 12. Plaintiff Rose Judy Basso sustained painful and severe injuries which include, but are not limited to, cervical, upper back, and lower back strains/sprains. 13. By reason of the aforesaid injuries sustained by Plaintiff Rose Judy Basso, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 14. Because of the nature of her injuries, Plaintiff Rose Judy Basso has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Rose Judy Basso 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. 413356 3 16. As a result of the aforesaid injuries, Plaintiff Rose Judy Basso has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 17. Plaintiff Rose Judy Basso 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. CLAIM II ROBERT BASSO V. SERENITY J. PATRICK f/k/a SERENITY J LEININGER 18. Paragraphs 1 through 17 of Plaintiffs' Complaint are incorporated herein by reference. 19. As a result of the aforementioned injuries sustained by his wife, Plaintiff Rose Judy Basso, Plaintiff Robert Basso has been and may in the future be deprived of the care, companionship, consortium, and society of his wife all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Rose Judy and Robert Basso demand judgement against Defendant Serenity J. Patrick f/k/a Serenity J. Leininger in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: V , 2009 ANGINO & P.C. hard A. Sadlock, Esq . No. 47281 Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 413356 4 VERIFICATION We, Rose Judy Basso and Robert Basso, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. C% ? . ? Rose Judy Bass Robert Basso 413619 0 I `18.50 PD ATT ( CV-# 'i98 110 a# 010,9 071 ANGINO & ROVNER, P.C. Richard A. Sadlock Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 Attorneys for Plaintiffs: E-mail: rsadlockAan¢ino-rovner.com Judy and Robert Basso ROSE JUDY BASSO and ROBERT BASSO, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. SERENITY J. PATRICK f/k/a SERENITY J. LEININGER, Defendant NO. 09-5587 Civil Term JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certify that on the 12th day of August, 2009, a true and correct copy of the Complaint, Dauphin County Civil Action No. 09-5587 Civil Term, was mailed to Defendant Serenity J. Patrick via certified mail, return receipt requested at 14110 Grand Pre Road, Apt. #24, Silver Spring, MD 20906. A copy of the certified mail receipt No. 70082810000010292888 is attached hereto. 417915 ,.6 ACCEPTANCE OF SERVICE This is to certify that on the 17th day of August, 2009, a true and correct copy of the above-noted Complaint was served upon Darlene Orr via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt No. 70082810000010292888 is attached hereto. Respectfully submitted, ANGINO &_BQYN$a!P.C. Date: 417915 N O. ?F7blT' 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 2009 Counsel for Plaintiffs 2 uire ,? ?::?e: ?':" j'?.? ? ;? ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery it desired. ¦ Print your name,an2c?on the reverse i. that we can ref to you. Wh this card to the baek.of the mailpiece, or on the front if space permits. 1. Article Addressed to: / y G 4!e , A r.tih g. road by Pnnred ?' of t rc,^ ? .,?,r? aft D. is delivery dress different 'stern 1 Yes if YES, enter delivery address w: ? No type CertHied Mail 0 Express Mail ? Registered 0 Return Receipt for mwchar jes 0 Insured Mail 0 C.O.D. 4. Restricted Delkwy! (Extra Feel ? v? 2. ArtldeNumbw 7008 2810 0000 1029 2888 Mwwfer ft m aervfoe 4 PS Form 3811, February =4 Dorneatla Return Reosipt 1 Q2566-024AA W CERTIFICATE OF SERVICE AND NOW, this 21 day of August, 2009, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Serenity J. Patrick 14110 Grand Pre Road Apt. 24 Silver Spring, MD 20906 Kathy A. ney 417915 It}K.ARY THF- 2009 AU, j p,4 t"C -.,1 r ?l.r i y ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Fax: [717) 975-8124 E-Mail: rkroll(&margolisedelstein.com ROSE JUDY BASSO and ROBERT BASSO, her husband, Plaintiffs V. SERENITY J. PATRICK, f/k/a/ SERENITY J. LEININGER, Defendant. Attorneys for Defendant: SERENITY J. PATRICK Wa SERENITY J. LEININGER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-5587 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Serenity J. Patrick f/k/a Serenity J. Leininger, in the above-captioned matter. Respectfully submitted, MARGOLIS EDELSTEIN Date: By: IIIA?lAe R LF E. OLL, ESQUIRE PA Attorney I.D. #47243 Attorneys for Defendant, SERENITY J. PATRICK F/K/A SERENITY J. LEININGER 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 A4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE TO ENTER APPEARANCE on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 2nd day of September, 2009, and addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 MARGOLIS EDELSTEIN By: CsL? Vicki A. Bolinger, RP FILED-OFFICE OF THE PROTHONOTARY 2009 SEP - 4 PM 3: C 5 U-0JUNTY PENNSYLVANIA ROSE JUDY BASSO and ROBERT BASSO, her husband, Plaintiffs V. SERENITY J. PATRICK, f/k/a/ SERENITY J. LEININGER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 09-5587 CIVIL TERM : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: ROSE JUDY BASSO and ROBERT BASSO c/o Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. Respectfully submitted, Date: By. f KOLF ETZOLL, ESQUIRE PA Attorney I.D. #47243 Attorneys for Defendant, SERENITY J. PATRICK f/k/a SERENITY J. LEININGER 3 510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Fax: [717] 975-8124 E-Mail: rkrollCa)margolisedelstein.com Attorneys for Defendant: SERENITY J. PATRICK VWa SERENITY J. LEININGER ROSE JUDY BASSO and ROBERT BASSO, her husband, Plaintiffs V. SERENITY J. PATRICK, f/k/a/ SERENITY J. LEININGER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-5587 CIVIL TERM : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, SERENITY J. PATRICK F/K/A SERENITY J. LEININGER TO THE COMPLAINT OF PLAINTIFFS, ROSE JUDY BASSO AND ROBERT BASSO AND NOW, comes Defendant, Serenity J. Patrick f/k/a Serenity J. Leininger ("Defendant"), by and through her counsel, Margolis Edelstein, to answer the Complaint of Plaintiffs, Rose Judy Basso and Robert Basso, her husband ("Plaintiffs"), and in support thereof avers the following: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph of Plaintiffs' Complaint, and same is therefore denied. 2-3. Admitted. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint, and same is therefore denied. 5. Admitted. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint, and same is therefore denied. 7. Denied. This allegation of Plaintiffs' Complaint constitutes a conclusion of law to which no responsive pleading is required and same is therefore denied. 8-9. Admitted in part and denied in part. It is admitted that the front of Defendant's car struck the rear of Plaintiffs' car. By way of further answer, the remaining allegations of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which a responsive pleading is required and same is therefore denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and same are therefore denied. 10(a-h). Denied. The allegations of this paragraph and its corresponding sub-paragraphs constitute conclusions of law to which a responsive pleading is required, and same are therefore denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and its corresponding sub- paragraphs, and same are therefore denied. By way of further answer, it is specifically denied that Defendant was negligent by virtue of: (a) failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; On the contrary, Defendant acted reasonably under the circumstances. -2- (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; On the contrary, Defendant acted reasonably under the circumstances. (c) failure to travel at a safe speed; On the contrary, Defendant acted reasonably under the circumstances. (d) failure to apply her brakes in sufficient time to avoid striking the rear of the Basso vehicle; On the contrary, Defendant acted reasonably under the circumstances. (e) failure to take reasonable evasive action to avoid the accident; On the contrary, Defendant acted reasonably under the circumstances. (f) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; On the contrary, Defendant acted reasonably under the circumstances. (g) failure to keep proper and adequate control over her vehicle; and On the contrary, Defendant acted reasonably under the circumstances. (h) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. On the contrary, Defendant acted reasonably under the circumstances. -3- CLAIM I ROSE EMY BASSO V. SERENITY J. PATRICK fWa SERENITY J LEININGER 11. Paragraphs 1 through 10 hereof are incorporated herein by reference as if set forth in full. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint, and same is therefore denied. 13-17. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs of Plaintiffs' Complaint, and same is therefore denied. WHEREFORE, Defendant, Serenity J. Patrick f/k/a Serenity J. Leininger, demands judgment in her favor and against Plaintiffs with costs of suit assessed to Plaintiffs. CLAIM II ROBERT T. BASSO v. SERENITY J. PATRICK f/k/a SERENITY T LEININGER 18. Paragraphs 1 through 17 hereof are incorporated herein by reference as if set forth in full. 19. Denied. The allegation of this paragraph of Plaintiffs' Complaint constitutes a conclusion of law to which no responsive pleading is required, and same is therefore denied. By way of further answer, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the -4- truth of the averments of this paragraph of Plaintiffs' Complaint, and same are therefore denied. WHEREFORE, Defendant, Serenity J. Patrick f/k/a Serenity J. Leininger, demands judgment in her favor and against Plaintiffs with costs of suit assessed to Plaintiffs. NEW MATTER 20. Paragraphs 1 through 10 hereof are incorporated herein by reference as if set forth in full. 21. Plaintiffs have failed to state claim upon which relief can be granted. 22. Plaintiffs' claims are barred in whole or in part by the terms and conditions of the Pennsylvania Motor Vehicles Financial Responsibility Law. 23. Plaintiffs' claims are barred in whole or in part by Plaintiffs' election of the limited tort option as defined by the Pennsylvania Motor Vehicles Financial Responsibility Law. 24. Plaintiffs' claims are barred in whole or in part by the Doctrine of Accord and Satisfaction. 25. Plaintiffs' claims are barred in whole or in part by the terms and conditions of their release. 26. Plaintiffs' claims are barred in whole or in part by the Doctrine of Contributory and/or Comparative Negligence. 27. Plaintiffs' claims are barred in whole or in part by Plaintiffs' failure to -5- mitigate damages. 28. Plaintiffs' claims are or may be barred in whole or in part by the Doctrine of Sudden Emergency. Date: r- Respectfully submitted, MARGOLIS E LSTEIN ROLF E. MOLL, ESQUIRE PA Atto ney I.D. #47243 Attorneys for Defendant, SERENITY J. PATRICK fWa SERENITY J. LEININGER 3 510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 -6- VERIFICATION I, SERENITY J. PATRICK, f/k/a SERENITY J. LEININGER, have read the foregoing ANSWER WITH NEW MATTER OF DEFENDANT, SERENITY J. PATRICK, f/k/a SERENITY J. LEININGER, TO THE COMPLAINT OF PLAINTIFFS, ROSE JUDY BASSO AND ROBERT BASSO, which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: ? ? SERENIT P CK CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANT, SERENITY J. PATRICK F/K/A SERENITY J. LEININGER TO THE COMPLAINT OF PLAINTIFFS, on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first- class postage prepaid, on the day of , 2009, and addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 MARGOLIS Nelson, Sec FiL- -t;?:t THE 2099 OCT -5 ?t , lC. Z CLIV?y i ANGINO & ROVNER, P.C. Richard A. Sadlock Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 Attorneys for Plaintiffs: E-mail: rsadlock(c_angino-rovner.com Judy and Robert Basso ROSE JUDY BASSO and ROBERT BASSO, her husband, Plaintiffs V. SERENITY J. PATRICK f/k/a SERENITY J. LEININGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5587 Civil Term JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW come Rose Judy Basso and Robert Basso, Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., by Richard A. Sadlock, Esquire, and replies to Defendant's New Matter as follows: 20. Defendant's averment does not require a responsive pleading. 21. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs' Complaint does state a cause of action upon which relief may be granted. 422022 22. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiffs' injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiff may recover herein. 23. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the Plaintiffs selected the full tort option on his/her policy and is, therefore, entitled to maintain an action for non-economic losses. Further, Plaintiff did suffer a serious injury. Certificate of Coverage for Plaintiff is attached hereto as Exhibit A. 24. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the Doctrine of Accord and Satisfaction does not apply to the instant action. 25. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs have not executed any Release applicable to the instant action. 26. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs were not negligent in any way. Therefore, the Pennsylvania Comparative Negligence Act does not apply to the instant action. Further, all of Plaintiffs' injuries and damages are recoverable in the instant action and are in no way reduced. 422022 2 27. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, where appropriate, Plaintiffs properly mitigated their damages. 28. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the Doctrine of Sudden Emergency does not apply to the instant action. All of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. Plaintiffs incorporate their Complaint herein by reference. WHEREFORE, Plaintiffs respectfully requests this Honorable Court dismiss Defendant's Answer with New Matter and enter judgment in their favor against the Defendant. Respectfully submitted, ANGINO & ROVI;"P.C. Date: Octobe , 2009 I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 422022 3 VERIFICATION I, Richard A. Sadlock, Esquire, counsel for the Plaintiffs, am authorized to make this verification on behalf of said Plaintiffs, and the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: October , 2009 278165-1 STATE FARM INSURANCE August 29, 2008 CERTIFICATE OF COVERAGE Claim Number: 38-1-312-149 The undersigned is a Claim Team Manager for: ? State Farm County Mutual Insurance Company of Texas ? State Farm Lloyds, Inc. ? State Farm Indemnity Company ® State Farm Mutual Automobile Insurance Company ? State Farm Fire and Casualty Company This certifies that policy number 6809-610-38, covering a 2000 FORD WINDSTAR 4X2 SEL, was issued to ROSE J. BASSO and was in effect on the accident date of 9/25/2007. The coverages and limits of liability for this policy on that date were: A (Bodily Injury Liability) $100,000/person, $300,000/accident, $100,000/property damage C2 (Medical Payment Coverage) $100,000, D (Comprehensive) $0 deductible, G (Collision) $250/deductible, H (Emergency Road Service), R1 (Rental) 80%/$1000 max U (Uninsured Motorist Injury-Stacking) $25,000/person, $50,000/accident W (Underinsured Motorist Injury-Stacking) $25,000/person, $50,000/accident F (Funeral) $2,500/person Y (Accidental Death & Dismemberment) $5000 This policy provides FULL TORT. State Farm Mutual Automobile Insurance Company CERTIFICATE OF SERVICE AND NOW, this day of October, 2009, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiffs' Reply to New Matter was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Rolf Kroll, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Kathy A. oney 422022 4 OF Thy F'"a':t-.!' '(`#R , ,,!_D,?,TARY 2001? OCT 13 PH 2.05 CERTIFICATE r PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BASSO PATRICK -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-5587 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/26/2009 MCS on behalf of /S/ koy J?-roff ROLF E. KROLL, ESQ. Attorney for DEFENDANT R1.86S 133-H DE11-0986136 03220-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BASSO: vs. PATRICK File No. 09-5587 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making, this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROLF E. KROLL, ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL- PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: OCT 2 6 201 Date: 30, 2 oa q Seal of the Court rothonotary/Clerk, Civil ivision Depu yy 03220-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL MEDICAL RECORDS 111 S. FRONT STREET HARRISBURG, PA 17101 RE: 3220 ROSE JUDY BASSO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : ROSE JUDY BASSO 1025 ROBERTS VALLEY ROAD, HARRISBURG, PA 17110 Social security #: 319-32-6184 Date of Birth: 02-20-1941 R1.86S 133-H SU10-0807138 03220-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BASSO: vs. PATRICK File No. 09-5587 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROLF E. KROLL, ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 2 6 21W Date:, u. 30 d ov 9 Seal of the Court BY THE COURT: Is, o.."T e ie a r Prothonotary/Clerk, Civil Nivision DePdt y 03220-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL BILLING RECORDS P.O. BOX 2353 HARRISBURG, PA 17105 RE: 3220 ROSE JUDY BASSO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : ROSE JUDY BASSO 1025 ROBERTS VALLEY ROAD, HARRISBURG, PA 17110 Social Security #: 319-32-6184 Date of Birth: 02-20-1941 R1.86S 133-H SU10-0807140 03220-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BASSO COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- PATRICK CASE NO: 09-5587 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/26/2009 MCS on behalf of /S/ "01 (f -J?'/1-011 e6?j. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R1.86S 133-H DE11-0986142 03220-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BASSO: vs. PATRICK File No. 09-5587 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS GrojW. Inc., 1601 Market Street, Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROLF E. KROLL. ESO. ADDRESS: _3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 26 20 Date: , r '30 do 9 7 Seal of the Court BY THE COURT: /S/ Prothonotary/Clerk, Civil Di ision tc.1? Dep ty 03220-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL RADIOLOGY DEPT. 111 S. FRONT STREET HARRISBURG, PA 17105 RE: 3220 ROSE JUDY BASSO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : ROSE JUDY BASSO 1025 ROBERTS VALLEY ROAD, HARRISBURG, PA 17110 Social Security #: 319-32-6184 Date of Birth: 02-20-1941 R1.86S 133-H SU10-0807142 03220-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BASSO -VS- PATRICK COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-5587 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/26/2009 MCS on behalf of /S/ moll e -J`rol// elm. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R1.86S 133-H DE11-0986145 03220-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BASSO: VS. TO PATRICK File No. 09-5587 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records for FR_F.DRICKSEN CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc., 1601 Market Street„ Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROLF E. KROLL. ESO. ADDRESS: 3510 TR_INDLE ROAD CAMP HILL- PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: pp OCT 2 6 2009 Date: ?d?a 3 o a om Seal of the Court JS? c? 2 Prothonotary/Clerk, Civil ivision ? ?. ?Zu1l1u? _ D uty 03220-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FREDRICKSEN CENTER 2025 TECHNOLOGY PARKWAY MECHANICSBURG, PA 17055 RE: 3220 ROSE JUDY BASSO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : ROSE JUDY BASSO 1025 ROBERTS VALLEY ROAD, HARRISBURG, PA 17110 Social Security #: XXX-XX-6184 Date of Birth: 02-20-1941 R1.86S 133-H SU10-0807144 03220-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BASSO -VS- PATRICK COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-5587 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/26/2009 MCS on behalf of /S/ /<o#e J<'-roll elq? ROLF E. KROLL, ESQ. Attorney for DEFENDANT R1.86S 133-H DE11-0986148 03220-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BASSO: vs. TO PATRICK File No. 09-5587 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records for SCHAPPEL CHIROPRACTIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROLF E. KROLL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: OCT 2 6 2009 Date: ]? i1L?30 ?OV 1 Seal of the Court rothonotary/Clerk, Civil iZion D u 03220-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SCHAPPEL CHIROPRACTIC 3301 SCHOOLHOUSE LANE HARRISBURG, PA 17109 RE: 3220 ROSE JUDY BASSO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : ROSE JUDY BASSO 1025 ROBERTS VALLEY ROAD, HARRISBURG, PA 17110 Social Security #: XXX-XX-6184 Date of Birth: 02-20-1941 R1.86S 133-H SU10-0807146 03220-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BASSO -VS- PATRICK COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-5587 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/26/2009 MCS on behalf of /S/ /CoC e JINoll e3ck ROLF E. KROLL, ESQ. Attorney for DEFENDANT R1.86S 133-H DE11-0986151 03220-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BASSO: vs. TO: PATRICK File No. 09-5587 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records for TIAN SHI ACUPUNCTURE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at _ The MCS Group, Inc.. 1601 Market Street- Suite 800. Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROLF E. KROLL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: OCT "2 6 309 Date: 30 oZ do 9' Seal of the Court Prothonotary/Clerk, Civil;Division MI&-- I., D putt' 03220-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TIAN SHI ACUPUNCTURE 4055 LINGLESTOWN RD. HARRISBURG, PA 17112 RE: 3220 ROSE JUDY BASSO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : ROSE JUDY BASSO 1025 ROBERTS VALLEY ROAD, HARRISBURG, PA 17110 Social security #: XXX-XX-6184 Date of Birth: 02-20-1941 R1.86S 133-H SU10-0807148 03220-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BASSO -VS- PATRICK COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-5587 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROLF E. KROLL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/26/2009 MCS on behalf /off D/??/? /S e .J`roll esq. ROLF E. KROLL, ESQ. Attorney for DEFENDANT R1.86S 133-H DEll-0986154 03220-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BASSO: vs. PATRICK File No. 09-5587 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PA STATE POLICE HEADQUARTERS C/O COMM. JEFFREY MILLER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc., 1601 Market Street, Suite 800- Philadelphia , PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROLF E. KROLL. ESO. ADDRESS: 3510 TRINDLE ROAD _CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant (OCT `2 6 2009 Date: 36: a2ffy 9 Seal of the Court BY THE COURT: Prothonotary//Clerk, Civil division Deputy 03220-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA STATE POLICE HEADQUARTERS C/O COMM. JEFFREY MILLER 1800 ELMERTON AVE HARRISBURG, PA 17110 RE: 3220 ROSE JUDY BASSO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. CRASH# P1337379 AND THE ACCIDENT OCCURRED ON 9/25/07. THE PRECINCT WAS HBG/2110. Dates Requested: up to and including the present. Subject : ROSS JUDY BASSO 1025 ROBERTS VALLEY ROAD, HARRISBURG, PA 17110 Social Security #: XXX-XX-6184 Date of Birth: 02-20-1941 R1.86S 133-H SU10-0807150 03220-LO7 n `.-l"' OF THE 2009 OCT (2 u P", #2: O O ?.rliAU, a t ANGINO & ROVNER, P.C. r ?? 1,1J Q TAa+ Richard A. Sadlock Esquire ki „,. Attorney ID# : 47281 ? i f : 1-9 4503 North Front Street ,E+'s? Harrisburg, PA 17110-1708 LAND CoUt i y Phone: (717)238-6791?SY???1?i??i Fax: (717) 238-5610 Attorneys for Plaintiffs: E-mail: rsadlockganpino rovner com Judy and Robert Basso ROSE JUDY BASSO and ROBERT BASSO, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. SERENITY J. PATRICK f/k/a SERENITY :l. LEININGER, Defendant TO THE PROTHONOTARY: NO. 09-5587 Civil Term R .TRY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action as settled, satisfied, and discontinued. Respectfully submitted, ANGINO & ROVNER, P.C. ?Richar . Sadl ck, Es ire I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 483326 . i CERTIFICATE OF SERVICE AND NOW, this od y of October 2011, I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Praecipe was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Rolf Kroll, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Michelle M. Milojevich 483326 2