Loading...
HomeMy WebLinkAbout10-1008r LED-0i~rCE 20 10 FEB -8 Ply 3: 19 cul-V M1a -Jilt 1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brenda N. Maddy and Robert Maddy, Civil Action - Law her husband, Plaintiffs 1?? 1?8 C?v;ITerm vs. A. D. Lorraine Schell, Defendant NOTICE You have been sued in Court. If you wish to defend against the claims LAW OFFICES XoFvo, Coswwo & BOLWGER PC 330 LINCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG,PA 17201 set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. O $ga.oo PO ATTY Cc* agoaa K* a 37 405 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. Pennsylvania Bar Association Lawyer Referral Service P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 (Pennsylvania Only) (717) 238-6715 (Outside Pennsylvania) LAW OFFICES DILoRETo, Cosmwo E BOLINGER PC 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBERSBURG,PA 17201 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brenda N. Maddy and Robert Maddy, her husband, Plaintiffs vs. Lorraine Schell, Civil Action - Law A. D. Defendant COMPLAINT NOW come the Plaintiffs, Brenda N. Maddy and Robert Maddy, her husband, by and through their attorneys, DiLoreto, Cosentino & Bolinger, PC, and for cause of action against the Defendant say: COUNT1 Brenda N. Maddy, Plaintiff vs. Lorraine Schell, Defendant LAW OFFICES DILowTo, Cosmwo & BoLmER Pc 330 LINCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG, PA 17201 1. Plaintiff in this count is Brenda N. Maddy, an adult individual living and residing at 5600 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Lorraine Schell, is an adult individual living and residing at 718 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On August 29, 2008, at approximately 1:05 p.m., the Plaintiff, Brenda N. Maddy, was operating a 2001 Nissan Maxima and was completely stopped at a red traffic signal on U.S. Route 11, in Silver Springs Township, Cumberland County, Pennsylvania. 4. On said date, time, and place, the Defendant, Lorraine Schell, was operating an automobile immediately behind the Plaintiff's vehicle on U. S. Route 11 when she caused her vehicle to strike the rear end of the Plaintiff's motor vehicle. 5. The above-alleged collision was solely and proximately caused by the negligence of the Defendant, said negligence consisting of the following: A. Her failure to stop the vehicle she was operating before it collided with the Plaintiff's vehicle; B. Her driving her vehicle in a careless manner and with disregard for the rights and safety of others and in otherwise operating her vehicle upon the highway in a manner endangering persons and property; LAW OFFICES DiLoFvo, Cosmwo 6 BawEn Pc 330 LINCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG,PA 17201 C. Her failure to maintain control of her vehicle so that she could stop within the assured clear distance ahead; D. Her violation of Section 3714 of the Pennsylvania Vehicle Code, 75 Pa.C.S.A. Section 3714; E. Her violation of Section 3310 of the Pennsylvania Vehicle Code, 75 Pa.C.S.A. Section 3310; and F. Her violation of Section 3361 of the Pennsylvania Vehicle Code, 71 Pa.C.S.A. Section 3361. 6. By reason of the above-described collision, the Plaintiff sustained a full thickness right rotator cuff tear. 7. By reason of the above-described injury, the Plaintiff underwent surgical procedures on her right shoulder on October 15, 2008, and January 26, 2009, at the Grandview Surgical Center in Camp Hill, Pennsylvania. 8. As a result of her injuries, the Plaintiff has received the following medical LAW OFFICES DURETo. Cosec wo & BOLING.ER PC 330 LINCOLN WAY EAST P.O. BOX 666 CNAMBERSBURG, PA 17201 attention and care which was reasonable and customary in the community where she was treated: Provider 1. Brett A. Himmelwright, M.D. 3399 Trindle Road Camp Hill, PA 17011 2. OIP Physical Therapy 3399 Trindle Road Camp Hill, PA 17011 Dates of Treatment 9/24/08; 10/15/08; 1/26/09; 3/23/09; 5/22/09 10/3/08; 11 /4/08; 11 /6/08; 11 /7/08; 11 /11/08; 11 /12/08; 11 /14/08; 11 /18/08; 11 /20/08; 11 /21/083 11/23/08; 11 /25/08; 11/28/08; 12/1/08; 12/3/08; 12/5/08; 12/9/08; 12/10/08; 12/12/08; 12/15/08; 12/17/08; 12/19/08; 12/22/08; 12/23/08; 12/26/08; 12/29/08; 12/30/08; 1/2/09; 1/5/09; 1/6/09; 1/9/09; 1/12/09; 1/14/09; 1/27/09; 1/28/09; 1/29/09; 1/30/09)- 2/2/09; 2/3/09; 2/4/09; 2/5/09; 2/6/09; 2/9/09; 2/11/09; 2/13/09; 2/16/09; LAW OFFICES Mown CosENTwo & BOLWGER PC 330 LINCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG,PA 17201 3. James E. Blacksmith, D.O. 689 Yorktown Road Lewisberry, PA 17339 4. Grandview Surgery & Laser Center 205 Grandview Avenue Camp Hill, PA 17011 5. Dynasplint Systems, Inc. 770 Ritchie Highway Suite W21 Severna Park, MD 21146-4152 6. Riverside Anesthesia Associates 1 Rutherford Road, Suite 101 Harrisburg, PA 17109-4500 7. Magnetic Imaging Center 4665 Trindle Road Mechanicsburg, PA 17050 9/8/08; 9/17/08 10/15/08; 1/26/09 12/15/08; 1/15/09)- 2/15/09 10/15/08; 1/26/09 9/19/08 9. By reason of the injuries sustained by the Plaintiff as above set forth, she has endured severe physical, emotional, and mental pain, suffering, and inconvenience, and may continue to endure severe physical, emotional, and mental pain, suffering, and inconvenience for a period of time now unknown. 10. By reason of the injuries sustained by the Plaintiff as above set forth, she has sustained a permanent injury to her right shoulder. WHEREFORE, Plaintiff, Brenda N. Maddy, demands damages of the Defendant in a sum in excess of the mandatory arbitration limits and costs of suit. COUNT 2 Robert Maddy, Plaintiff vs. Lorraine Schell, Defendant 11. Plaintiff in this count is Robert Maddy, an adult individual living and residing at 5600 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. LAW OFFICES DILOREro, Cosmic & BOLINGER PC 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBERSBURG,PA 17201 12. Robert Maddy is, and was at the time of the accident alleged in this Complaint, the husband of the Plaintiff, Brenda N. Maddy. 13. Plaintiff in this count incorporates by reference the allegations contained in paragraphs 1 through 10, inclusive. 14. As a consequence of the injury sustained by the Plaintiff, Brenda N. Maddy, as above set forth, the Plaintiff, Robert Maddy, has been deprived of the services of his wife and her society and the comfort of her presence since the date of the collision above alleged and will continue to be so deprived for a period of time now unknown. WHEREFORE, Plaintiff, Robert Maddy, demands damages of the Defendant in a sum in excess of the mandatory arbitration limits and costs of suit. Respectfully submitted, LAW OFFICES DILORETO, Cosmwo $ BOLINGER PC 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBERSBURG,PA 17201 Date: February $?, 2010 DILORETO, COSENTINO & BOLINGER, PC B tEsqure Bradley R. olinger, Attorney for PlaintiffAttorney I.D. #4291330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 VERIFICATION We, Brenda N. Maddy and Robert Maddy, the Plaintiffs herein, hereby affirm that the facts set forth in the foregoing Complaint are based upon information which we have furnished to counsel, as well as information which has been gathered by counsel and/or by others acting on behalf of us in preparation of this Complaint. The language of the Complaint is that of our counsel and not our own. We have read the Complaint and, to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, we have relied upon such counsel in making this verification. We hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: February S 2010 Brenda N. Maddy, Plaintif Date: February '2010 Robert Maddy, Plaintiff LAW OFFICES DURE'ro, Gomm & BOLMER PC 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBERSBURG,PA 17201 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ry, _ ??LEI _..r_ t 4 Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2010 FEB 22 F 2: 26 Brenda N. Maddy vs. Lorraine Schell Case Number 2010-1008 SHERIFF'S RETURN OF SERVICE 02/17/2010 10:37 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2010 at 1037 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lorraine Schell, by making known unto Justin Schell, Son of defendant at 6133 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.44 February 18, 2010 SO ANSWERS, FNY R ANDERSON, SHERIFF 4?(J- Deputy eriff c; Ceu^:y"Jte 6`e; fl, Telensr,`t. ;r;. e I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brenda N. Maddy and Robert Maddy, Civil Action - Law her husband , Plaintiffs, 10-1008 Civil Term a to Lorraine Schell o C -> , Defendant C) . cz ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant Lorraine Schell in the above captioned matter. THOMAS, THOMAS & HAFER, LLP Rana 7. Gale, Esquire Attorney No. 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648; raaleLatthlaw.com 788931.1 L i CERTIFICATE OF SERVICE 1, Randall G. Gale, Esquire, Attorney for Defendant, do hereby certify that I s rved a copy of the foregoing document upon the following this day of 2010, by placing a true and correct copy in the U.S. mail, first-class, postage pre-paid, addressed as follows: Bradley R. Bolinger, Esquire DiLORENTO, COSENTINO & BOLINGER, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 THOMAS, THOMAS & HAFER, LLP By ?G R G. ale, Esquire 1) Randall G. Gale, Esquire Attorney # 26149 THOMAS, THOMAS & HAFER, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648 rgale@tthlaw.com ; E F " )TA?Y 201011A R! 6 P i l l: 4 4 ATTORNEYS F",Ff RANT . I LORRAINE SCHELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brenda N. Maddy and Robert Maddy, her husband, Plaintiffs, V. Civil Action - Law 10-1008 Civil Term Lorraine Schell Defendant. CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that (1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to Plaintiffs' counsel on March 10, 2010; (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this certificate; (3) Plaintiffs' counsel, Bradley R. Bolinger, Esquire, has indicated via e-mail of March 12, 2010 that he has no objection to the proposed Subpoenas and is willing to waive the remainder of the 20-day notice period in order to expedite receipt of the records; and (4) the Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to serve the Subpoenas. Date: 3- 1 F-/ 0 THO OMAS HAFER, LLP it Wc RANkAkf G. GALE, ESQU I.D. 26149 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7648 ATTORNEY FOR DEFENDANT Randall G. Gale, Esquire Attorney 4 26149 THOMAS, "THOMAS & IIAFEIt, LLP 305 N. Front Street P.O. Box 999 Ilairisburg, PA 1 7 1 08-0999 (717) 255-7648 rgale@tthlaw.com ATTORNEYS FOR DEFLNUANT LORRAINE SCHELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brenda N. Maddy and Robert Maddy, her husband, Plaintiffs, V. Civil Action - Law 10-1008 Civil Term Lorraine Schell Defendant. NOTICE OF INTENT TO SERVE' SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Bradley R. Bolinger, Esquire DiLORENTO, COSENTINO & BOLINGER, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. if no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP i RAN L G. GALE, E E I.D. 26149 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7648 ATTORNEY FOR DEFENDANT Date: - f? ..- 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brenda N. Maddy and Robert Maddy, her husband, Plaintiffs, V. Lorraine Schell Defendant. Civil Action - Law 10-1008 Civil Term SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Unitrin Auto and Home Insurance Company (Kemper Insurance) P. O. Boa 4780, Syracuse NY 13221 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the first-party claim file without limitation regarding policvholder Robert Maddv, claimant Brenda N. Maddv (Claim Number 331 AF 453562)arising out of a motor vehicle accident on or about August 29, 2008 on Route 11 Mechanicsburg PA including but not limited to application for benefits, physicians statements wage verifications policy declarations page(s) showing coverage or tort option elections summaries of payments made first party benefit payout logs and any information regarding any liens asserted by any entities medical records and reports bills Peer Review reports. IME reports and correspondence and all other documents and things without limitation at Thomas Thomas & Hafer. LLP 305 N. Front St. P.O. Boa 999, Harrisburg, PA 17108-0999. 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: Randall G. Gale, Esquire ADDRESS: P.O. Boa 999, 305 N. Front Street, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7648 SUPREME COURT ID#: 26149 ATTORNEY FOR: Defendant DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brenda N. Maddy and Robert Maddy, her husband, Plaintiffs, V. Lorraine Schell Defendant. Civil Action - Law 10-1008 Civil Term SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Red Cedar Family Practice/lames Blacksmith, D.O. 689 Yorktown Road, Lewisberry, PA 17339 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports, treatment notes, correspondence, diagnostic studies, radiology films testing results.. bills, insurance forms, medication/prescription information, including any and all such items that maybe stored in a computer database or otherwise in electronic form, relating, to the care and treatment of Brenda N. Maddy, DOB: 7/25/50, SSN 196-40-3049 at: Thomas, Thomas & Hafer, LLP. 305 N. Front St., P.O. Box 999, Harrisburg,, PA 17108-0999. 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: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7648 SUPREME COURT IDff: 26149 ATTORNEY FOR: Defendant DATE: Sea] of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brenda N. Maddy and Robert Maddy, her husband, Plaintiffs, v. Lorraine Schell Defendant. Civil Action - Law 10-1008 Civil Term SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Orthopedic Institute of Pennsylvania 3399 Trindle Road Camp Hill PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all medical records. reports. treatment notes correspondence diagnostic studies radiology films testing results, bills, insurance forms medication/prescription information including. any and all such items that may be stored in a computer database or otherwise in electronic form relatine to the care and treatment of Brenda N. Maddy. DOB: 7/25/50 SSN 196-40-3049 at: Thomas. Thomas & Hafer LLP 305 N. Front St., P.O. Box 999 Harrisburg. PA 17108-0999. 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: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7648 SUPREME COURT ID#: 26149 ATTORNEY FOR: Defendant DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Bradley R. Bolinger, Esquire DiLORENTO, COSENTINO & BOLINGER, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 THOMAS, THOMAS & HAFER, LLP 6, 11 ALL G. ALE, E QUIRE Date:( 789304.1 CERTIFICATE OF SERVICE I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Bradley R. Bolinger, Esquire DiLORENTO, COSENTINO & BOLINGER, P.C. 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 THOMAS, THOMAS & HAFER, LLP G. UAL-L, ESQ Date: 3- ()/ CF TH110FILED-OFFICE Or 4RY 2U'O NOV 22 AM !!: 06 CUMBERLAND CpUR1- , PENNSYLVANIA! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brenda N. Maddy and Robert Maddy, Civil Action - Law her husband, Plaintiffs vs. No. 10-1008 Civil Term Lorraine Schell, : Defendant PRAECIPE TO SETTLE AND DISCONTINUE To: David Buell, Prothonotary Please mark the above-captioned action as settled and discontinued. DILORETO, COSENTINO & BOLINGER, PC Date: November IS', 2010 'Bradley IT Bolinger, E q ire Attorney for Plaintiffs 330 Lincoln Way East, .O. Box 866 Chambersburg, PA 17201 (717) 2642096 LAW OFFICES Maim, Gowwo 6 BOLmm PC 330 LINCOLN WAY EAST P.O. BOX 866 CNAMBEHSBURG,PA 17201