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HomeMy WebLinkAbout10-3927IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. lU.. 3 y~.7 S 2010 Civil Action -Law ANNE CARTER J. HORN and NATHAN RAY SHANK PHILIP J. HORN, her husband, 60 Privet Drive 131 15~' Street vs. Etters, PA 17319 New Cumberland, PA 17070 JURY TRIAL DEMANDED c ~ W ~ y _: ",_-_ PRAECIPE FOR WRIT OF SUMMONS _ .~ _~ S ~~. e ~_: TO THE PROTHONOTARY OF CUMBERLAND COUNTY: - _ ~ °~ -- ~" Please issue Writ of Summons in the above-captioned action. Said Writ of Summons shall bey" ~`' issued and forwarded to the Sheriff of Cumberland County in order to serve the same upon Defendant, Nathan Ray Shank, at 60 Privet Drive, Etters, PA 17319.. Lee C. Swartz TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717 234-4121 Sign tore of Atto ey Supreme Court I.D. #07258 Date: ro ~ 1 (~ ~ ~ Q WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: e~,~ ~y 15' YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. .--_ Date: ~.c_ ~ ~ ~ ~ Deputy HBGDB:113792-1 025289-141621 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOf SHERIF Anne Carter J. Horn vs. Nathan Ray Shank 06/17/2010 Ronny R. Anderson, Sh and inquiry for the withi bailiwick. He therefore according to law. 07/01/2010 York County Return: A Pennsylvania, do herby the within named defen Privet Drive, Etters, PA and correct copy of the SHERIFF COST: $37.00 July 15, 2010 'S OFFICE OF CUMBERLAND COUNTY F3L~~-~ -.,~ r ''~ Y ~,~t>,~,tr of ~u~bt~/,~~~ _ . ~; .~.,~ 200 Jig` i 6 ai-~ ~~ ~ ~„ , rr!~.z~t' -? ~, " r' k',~1A- " ~ cure -~_ ,~ ,1~~~ GYr~IGE C9F rwE S .ERIFF ,i ~,~"tip; r>. ~a w~, Case Number 2010-3927 SHERfFF'S RETURN OF SERVICE riff who being duly sworn according to law states that he made a diligent search named defendant, to wit: Nathan Ray Shank, but was unable to locate him in his ~putized the Sheriff of York County, PA to serve the within Writ of Summons ~d now July 1, 2010 at 0900 hours I, Richard P. Keuerleber, Sheriff of York County certify and return that I served a true copy of the within Writ of Summons, upon cant, to wit: Nathan Ray Shank by making known unto himself personally, at 60 17319 its contents and at the same time handing to him personally the said true same. SO ANSWERS, ~: RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft, Inc. SHEI Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration ANNE CARTER J. HORN vs. NATHAN RAY SHANK Case Number 10-3927 SHERIFF'S RETURN OF SERVICE 07/01/2010 09:00 AM -DEPUTY ENJAMIN GROVE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT O SUMMONS (WOSM) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESEN ING THEMSELVES TO BE THE DEFENDANT, TO WIT: NATHAN RAY SHANK AT 60 PRIVET DRIVE ETTERS, PA 17319. BENJA ING OVE, DEPUTY SHERIFF COST: $71.00 July 12, 2010 SO WERS, AS ACTING SHERIFF RICHARD P EVER ER, ERIF NOTARY Affirmed and subscribed to before nhe this 12th day of 2010 `~~ {::i :'-cuniySude SPl!•t1fl, ~Teteuso!t, !r~, ~~~ ~~ FF'S OFFICE OF YORK COUNTY COMMONWBA6`FM ®~ ~~IyN€3~LVANIN NOTARIAL SEAL LISA L. THORPE. NCTARY PUBLIC CITY OF YORK, YORK CC~NTY MY COMt`:11SSION EXPIRES AUG. 12, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10-3927 V. (Jury Trial Demanded) NATHAN RAY SHANK, 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, P.C., on behalf of the Defendant, Nathan Ray Shank, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. in D./Rauch, Esquire nsel for Defendant OP r F1LE1 -,,: CET°ny t,a SPp 10 PIN 2: 0 8 Cl1??irti.,- ?-::LINTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP HORN, her husband, Plaintiffs, J. CIVIL DIVISION NO. 10-3927 v. NATHAN RAY SHANK, Defendant. PRAECIPE FOR APPEARANCE (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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18096 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 9th day of September, 2010. Lee C. Swartz, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: '/ AVA AW Kevi . Rau h, Esquire Cou sel for Defendants r*; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP HORN, her husband, Plaintiffs, J. CIVIL DIVISION NO. 10-3927 V. NATHAN RAY SHANK, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT (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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10-3927 V. (Jury Trial Demanded) NATHAN RAY SHANK, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Anne Carter Horn and Philip J. Horn, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C.,7 By: 1 D. R uch, Esquire unsel f Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10-3927 V. NATHAN RAY SHANK, Defendant. (Jury Trial Demanded) RULE AND NOW, this day of 2010, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this _,1Q41--?4ay of .? 2010. 4f- ") Prothon tary CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 9t" day of September, 2010. Lee C. Swartz, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: vin D-R uch, Esquire unsel f r Defendants r ILED-OFFICE i;= TIIE PROTHONJTAF;'x 2011 JUL 13 APB 10: 47 rUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J HORN, her husband, Plaintiffs, V. NATHAN RAY SHANK, Defendant. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From se ice hereof or a judgment May be Oterepgajgst you. Sumin Guthri & S pnnell, Hudock, , P.C. CIVIL DIVISION NO. 10-3927 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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10-3927 V. (Jury Trial Demanded) NATHAN RAY SHANK, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Nathan Ray Shank, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., 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. Admitted. 4. Admitted in part, denied in part. It is admitted that the Defendant was operating a 2004 Jeep Wrangler behind the Plaintiff's vehicle, which was stopped at a red light at the intersection of 16th and Bridge Street. The remainder of the allegations in paragraph 4 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Admitted in part, denied in part. It is admitted that a rear-end collision occurred between the vehicles identified on the date, time and place of the subject accident. The remainder of the allegations in paragraph 5 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his motor vehicle on the date, time and place of the subject accident. The remainder of the allegations in paragraph 6 are 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. COUNTI PLAINTIFFS. ANN CARTER J. HORN and PHILIP J HORN v DEFENDANT NATHAN RAY SHANK 7. In response to paragraph 7, the Defendant reiterates and repeats all his responses in paragraphs 1 through 6 as if fully set forth at length herein. 8. Paragraph 8 and all of 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 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. 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. WHEREFORE, Defendant, Nathan Ray Shank, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. COUNT II PLAINTIFF, PHILIP J. HORN v. DEFENDANT, NATHAN RAY SHANK 15. In response to paragraph 15, the Defendant reiterates and repeats all his responses in paragraphs 1 through 14 as if fully set forth at length herein. 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. WHEREFORE, Defendant, Nathan Ray Shank, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 17. 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. 18. 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. 19. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. WHEREFORE, Defendant, Nathan Ray Shank, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE,,& SAEL, PyaC. By: evin"Di Rauch, Esquire ounsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his 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 he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he 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: S 2 /20 c , -'?- 1-C-4 Nat an Ray Shank #18096 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 12th day of July, 2011. Lee C. Swartz, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8ZSKEEL, P.Q. By: M. Bauch, Esquire nsel for Defendants ANNE CARTER J. HORN and PHILIP J. HORN, her husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3927 - CIVIL DIVISION M =M z? JURY TRIAL DEMANDED r'? C-) =,o C e vti Y• .` .' E E5 Uri Plaintiffs v. NATHAN RAY SHANK, ANSWER TO RULE TO SHOW CAUSE =4 74 Plaintiffs have answered Defendant's discovery requests as of September 23, 2011. See Answers and Certificate of Service attached. Dated: September 23, 2011 TUCKER ARENSBERG, P.C. By: 7]? Lee C. Swartz Pa. Bar I.D. No. 0725 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 ATTORNEYS FOR PLAINTIFFS H BGDB:122196-1 025289-141621 BLGRPA - ----- Insurance Group 100 Erie Ins. PI. Erie, PA 16530 ERIE INSURANCE EXCHANGE FAMILY AUTO POLICY AMENDED DECLARATIONS 02 EFFECTIVE 04/10/09 ATTACH THIS TO YOUR POI I C :I . AGENT - ANTHONY INSURANCE, INC. 650 WYNDAMERE ROAD AGENT PHONE - (717) 938-4507 LEWISBERRY PA 17339 9200 * CONGRATULATIONS! A PIONEER EXPERIENCE RATING CREDIT HAS,* * BEEN APPLIED TO YOUR POLICY PREMIUM. * YOUR COLLISION COVERAGE AND DEDUCTIBLE APPLY TO PRIVATE PASSENGER # AUTOS YOU OR A RESIDENT RELATIVE RENT FOR 45 DAYS OR LESS. THIS IS # SUBJECT TO LIMITS, TERMS AND CONDITIONS IN THE POLICY. ITEM 4. AUTOS COVERED AUTO YR MAKE VIN 1 94 DODG GR CARA LE 1B4GH54L3R.X215964 ST TER PHY LI OT RATING CLASS DDP PA 4D 7 09 13 A2BS-M FM55 2 94 GMC SONOMA 1GTDT19Z4R8532253 PA 4D F 09 08 ALAS-M MM57 ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM OR INCL IS SHOWN FOR THE COVERAGE COVERAGE A . S, LIMITS AND ANN U L PREMI UMS ARE AS FOLLOWS- M EQUALS THOUSAND $ #1 #2 * - THE FULL TORT OPTION APPLIES TO ALL ****GOOD PRIVATE DRIVER RATES APPLY***** PASSENGER VEHICLES - LIABILITY PROTECTION- . BODILY INJURY 100M P RSON $300M/ACC PROPERTY D ? 88 71 AMAGE $10 M ACC FIRST PARTY 81 65 BENEFITS- MEDICAL EXPENSE $5M 36 28 INCOME LOSS $1M/MONTH, $15M MAXIMUM ACCIDENT 10 8 AL DEEAT $$25M 4 FUNERAL BENEFIT $2.5M 2 2 UNINSURED MOTORIST COVERAGE- BOD INJ $100M/PERSON $300M ACC-UNSTACKED UNDERINSURED MOTORISTS 16 13 OVERAGE- BOD INJ g100M/PERSON 300M ACC-UNSTACKED PHYSICAL DAMAGE C 78 63 OVERAGES- COMPREHENSIVE - $50 DED 33 36 COLLISION - $200 DED 93 95 OPTIONAL COVERAGES- TRANSP EXPENSES - COLL $20/DAY, $900/LOSS 12 12 TOTAL ANNUAL PREMIUM FOR EACH AUTO 454 3 97 TOTAL ANNUAL POLICY PREMIUM $ 851 NO CHANGE IN PREMIUM DUE TO THE CHANGE $ 0 ITEM 6. APPLICABLE POLICY ENDORSEMENTS EXCEPTIONS TO DECLARATIONS ITEMS ALL AUTOS - FAP 03/07*, APPF01 0307* AFPA03 10/08* , AUTO 1 - AFPU01 03/07*. . AUTO 2 - AFPU01 03/07*. ***DUPLICATE SENT AT REQUEST OF AGENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10-3927 V. NATHAN RAY SHANK, Defendant. (Jury Trial Demanded) PLAINTIFF ANNE CARTER J. HORN'S ANSWERS TO INTERROGATORIES - SET #1 Respectfully submitted, TUCKER ARENSBERG, P.C. By: Lee C. Swartz Pa. Bar I.D. No. 072 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 ATTORNEYS FOR PLAINTIFFS September 23, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN HORN, her husband, Plaintiffs, V. NATHAN RAY SHANK, Defendant, and PHILIP J. CIVIL DIVISION NO. 10-3927 DEFENDANT'S INTERROGATORIES TO PLAINTIFF, ANNE CARTER J HORN (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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10-3927 V. (Jury Trial Demanded) NATHAN RAY SHANK, Defendant. NOTICE TO: Plaintiff, Anne Carter J. Horn c/o Lee C. Swartz, Esquire Tucker Arensberg, P.C. 111 North 'Front Street P.O. Box 889 Harrisburg, PA 17108 You are hereby required to answer the following Interrogatories under oath and in writing pursuant to the Pennsylvania Rules of Civil Procedure within thirty (30) days of the date of service hereof. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. BY: n,bvrcaycn-,t-?ire rneys for Defendant ? S DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIFF ANNE CARTER J. HORN - SET #1 1. BACKGROUND 1 Please state the following: (a) full legal name; (b) maiden name (if applicable); (c) your present street address; (d) your address on the date of the accident; (e) the name and relationship to you of each person residing with you at the time of the accident; (f) date of birth; (g) present marital status; (h) the date of any marriage; (i) whether you have been divorced or legally separated and, if so, when and for what period of time; 0) your social security number; (k) spouse's social security number; and (1) names, addresses, and ages of any children. ANSWER: (a) Anne Carter Johnson Horn (b) N/A (c) 131 15th Street, New Cumberland, PA 17070 (d) Same as above (e) Philip J. Horn, husband; Andrew Horn, son; Evan Horn, son (f) November 13, 1953 (g) Married (h) December 15, 1976 (i) No Q) 570-04-3562 (k) 545-94-4469 (1) Andrew Horn - 24 yrs.; Evan Horn - 19 yrs. Both reside at home. II. INJURIES1TREATMENT FOLLOWING ACCIDENT 2. Set forth a detailed description of all injuries you suffered as a result of the subject accident. ANSWER: A bulging disc in my neck. Depending on my activity level, sleeping, reading or working position, I have numbness and tingling down through my shoulders and into my arms, hands and fingers. It is worse on my left side. 3. Set forth a detailed description of any injury or condition claimed to be permanent. ANSWER: Bulging disc in my neck; numbness and tingling through my shoulders, arms, hands and fingers depending on my activity level and/or the angle at which I hold my head. 4. Please list the names and office addresses of all physicians, chiropractors, or other health care providers (including hospitals) who have examined, treated, or attended you for any injuries suffered in the subject accident. ANSWER: Donald DeArmitt, M.D. 2310 Patton Road Harrisburg, PA 17112 Pennsylvania Neurosurgery and Neuroscience Institute, Inc. 4310 Londonderry Road, Suite 202 Harrisburg, PA 17109 James L. Wharton, D.C. 856 Century Drive Mechanicsburg, PA 17055 Pinnacle Health Physical Therapy Fredericksen Outpatient Center 2015 Technology Parkway Mechanicsburg, PA 17055 5. Was it necessary for you to undergo any surgery as a result of any injuries you sustained in this accident? If so, please state: (a) the nature or type of surgery you underwent; (b) the date of the surgery; (c) where the surgery was performed; and (d) the full name and address of the physician who performed the surgery. ANSWER: No. 6. Did you undergo any physical therapy as a result of the subject accident? If so, please state: (a) the name and address of the facility where you underwent physical therapy; (b) the date(s) you attended physical therapy; and (c) the nature of the treatment you received at physical therapy. ANSWER: See medical records. 7. Did you undergo any diagnostic studies, including but not limited to, x-rays, CT scans, or MRI scans following the subject accident? If so, please state: (a) the part of your body which was studied; (b) the type of diagnostic study; (c) the date of each diagnostic study; (d) where each diagnostic study was performed; and (e) the result of each diagnostic study. ANSWER: See medical records Ill. MEDICAL EXPENSES 8. Please set forth the total amount of medical bills incurred to date for treatment rendered to you as a result of the subject accident. ANSWER: Plaintiff is not in possession of any medical bills since the same have been paid by health insurance. There may be some co-pays and Plaintiff will attempt to provide this information. 9. Please set forth the total amount of medical bills which were paid by Plaintiffs first party carrier or any other source. (Please set forth the amount of first party medical coverage and the amount of bills which were paid by that coverage after Act 6 reduction). ANSWER: Plaintiff has first-party personal injury protection with limits of $5,000. See attached medical payment sheet from insurance company. 10. Please indicate the total amount of unpaid medical bills relating to the subject accident. ANSWER: None. 11. Please indicate whether Plaintiffs first party carrier refused to pay any medical bills and, if so, please state: (a) the name and address of the medical provider whose bills were refused for payment; (b) the reason your first party carrier refused payment; (c) whether your first party carrier submitted any of your bills to a PRO; and (d) whether a PRO determined that any treatment following this accident was not reasonable or medically necessary. If so, please describe. ANSWER: To the best of plaintiffs' knowledge, no bills have been refused by plaintiff's first party carrier. Plaintiff is unaware of any PRO having been conducted. IV. PRIORISUBSEQUENT INJURIES/MEDICAL TREATMENT 12. Before the date of the accident alleged in the Complaint, did you consult with or receive any treatment for any reason (other than for the subject accident) from any physician, chiropractor, or other health care provider. If so, please provide the name and address of the provider as well as the nature and dates of the treatment received. ANSWER: Objected to as being overly broad and not leading to discoverable evidence. 13. Were you ever involved in any accident of any kind (including, but not limited to, auto accidents, slip and falls, sports injuries, or any other mishap which resulted in injury to you no matter how minor) before the date of the accident alleged in the Complaint? ANSWER: Plaintiff has been rear-ended two other times while turning left (1985 and 1986). No injuries to plaintiffs. I have sprained my ankle three times in falls. I probably cracked my tailbone in a fall. 14. If the answer to the preceding Interrogatory is "yes," please state: (a) the date of each accident; (b) a description of each accident; (c) the nature of any injuries received in each accident; and (d) the name and address of each doctor, chiropractor, hospital, or other medical provider who provided treatment to you as a result of each accident. ANSWER: Car Accidents: (a) December 1985 and July or August 1986 (b) Rear-ended while turning into driveways both times (c) None (d) None Ankle Sprains: (a) November 1996, January 2000, January 2001 (or 2002) (b) Slipped on wet leaves; missed a step in the rain; stepped in a crack on the sidewalk (c) Severely sprained right ankle (d) Holy Spirit Hospital all three times Fall: (a) January in late 1990's or early 2000's (b) Slipped on step and sat down hard (c) Tailbone was probably fractured (d) Didn't bother with a doctor; they can't help. 15. Have you undergone any diagnostic testing, including, but not limited to, x-rays, CT scans, or MRI scans before the date of the subject accident? If so, please state: (a) the part of the body studied; (b) the name and address of the place where the x-rays were taken; (c) the name and address of the person who took them; (d) the date each was taken; and (e) what part of your body was x-rayed and what it disclosed. ANSWER: (a) Ankle (b) Holy Spirit Hospital (c) Unknown (d) November 1996; January 2000; January 2001-2002 (e) Ankle - no broken bones 16. After the date of the accident alleged in the Complaint, did you consult with or receive any treatment for any reason (other than for the subject accident) from any physician, chiropractor, or other health care provider. If so, please provide the name and address of the provider as well as the nature and dates of the treatment received. ANSWER: Objected to as being overly broad and not leading to discoverable evidence. 17. Have you been involved in any accident of any kind (including, but not limited to, auto accidents, slip and falls, sports injuries, or any other mishap which resulted in injury to you no matter how minor) after the date of the accident alleged in the Complaint? ANSWER: No. 18. If the answer to the preceding Interrogatory is "yes," please state: (a) the date of each accident; (b) a description of each accident; (c) the nature of any injuries received in each accident; and (d) the name and address of any doctor, chiropractor, hospital, or other medical provider who provided treatment to you as a result of each accident. ANSWER: N/A 19. Have you ever filed a claim for Social Security Disability benefits in your lifetime? If so, please state: (a) the date the claim for disability was made; (b) the address of the office where the claim was made; (c) the nature of the disability claimed; (d) whether the claim was granted or denied; and (e) the amount of any benefits you received for such claim. ANSWER: None. 20. Have you ever filed a claim for disability under any disability insurance policy? If so, please state: (a) the date the claim was made; (b) the name and address of the disability insurance carrier; (c) the nature of the disability claimed; and (d) the amount of any benefits received. ANSWER: (a) August 1997 (b) State of California (c) Birth of child (d) Based on percentage of my yearly wages at the time. It lasted for six 'weeks. 21. Have you filed a claim for workers' compensation before the date of the subject accident? If so, please state: (a) the date the workers' compensation claim was made; (b) the nature of the work-related accident; (c) the nature of any injuries received in the work-related accident; (d) the name and address of your employer for each workers' compensation claim; (e) the name of the workers' compensation carrier who paid you benefits; and (f) the amount of workers' compensation benefits paid to you as a result of each claim. ANSWER: No. 22. Please state the name and address of your family doctor(s) for the ten (10) year period before the date of the subject accident. ANSWER: See medical records provided. V. EMPLOYMENTMAGE LOSS 23. If employed at the time of the accident, please state: (a) the name and address of your employer at the time of the accident; (b) the position you held and the nature of the work you performed; (c) the name and address of your immediate supervisor; (d) your salary or rate of pay; and (e) please set forth the total amount of your waste loss to date as a result of the subject accident. (Please also set forth how your wage loss claim was calculated.) ANSWER: (a) Londonderry School 1800 Bamberger Road Harrisburg, PA 17110 (b) Teacher - preschool and 7th and 8th grades (c) Rhonda Barash at the school (d) $28,000 per year (e) None. 24. Please state whether you have received any payments from your first party carrier or any other source for loss of income. If so, please state the total amount received. ANSWER: Yes, I will attempt to find how much was paid. 25. Please state whether you ever filed a claim for unemployment compensation. If so, please state when you received unemployment compensation benefits, the amount received, and the time period when you received such benefits. ANSWER: No. VI. DESCRIPTION OF ACCIDENT 26. State the destination and the purpose of the trip in which you were engaged at the time of the accident. ANSWER: Picked up son from school and was driving home. 27. Describe specifically and in detail how the accident occurred. ANSWER: See accident report. Stopped at red light and rear-ended. 28. Were you using a cellular/mobile phone at the time of the accident? If so, please state: (a) the name and address of your cellular/mobile phone service provider; (b) the name and address of the person to whom you were speaking; (c) whether the cellular/mobile phone was a hand held or "hands free" model. ANSWER: No. f f f . 29. Did the police arrive at the accident scene? If so, please state: (a) how long after the accident the police arrived; (b) what the police did at the accident scene; (c) whether you gave a statement to the police; (d) the substance and content of any conversations you had with the police; (e) whether a police report was made; and (f) who called the police. ANSWER: (a) Officers were present at the time. (b) Investigated (c) Yes. (d) I said that I had a backache and was shaken. (e) Yes, but I was told not to say that I was injured or my insurance rates would go up. (f) They were there. I Y t 30. Were you on business at the time of the subject accident? If so, have you made any claims for workers' compensation or received any workers' compensation benefits from any carrier as a result of this accident? If so, please state: (a) the name and address of the carrier; (b) the amount of benefits paid to date; (c) whether any claim for workers' compensation benefits has been denied; and (d) whether any payment of benefits has been suspended, modified, or discontinued and the reason therefore. ANSWER: No. , VII. VEHICLE/INSURANCE INFORMATION 31. Please state whether you or a resident relative of your household owned a motor vehicle on the date of the accident. If so, please state: (a) the make, model, and year of the vehicle(s); (b) the registered or titled owner(s) of the vehicle(s); (c) whether the vehicle(s) was insured. If so, the name of the insurance carrier; (d) whether the full or limited tort selection was made under any applicable policy; (e) the amount of first party medical coverage under the subject policy; (f) the amount of first party wage loss coverage under the subject policy; and (g) the amount of uninsured/underinsured (UM/AIM) coverage under the subject policy. ANSWER: See declaration sheet attached. I I 32. Please state whether you were an insured or named insured under any other motor vehicle insurance policy in effect at the time of the subject accident. If you were, please provide the following information: (a) the name of the insurance carrier; (b) the policy number; (c) the applicable policy dates; (d) whether you selected the full tort or limited tort option; and (e) a description of the vehicle(s) insured by the subject policy including the vehicle make and model, vehicle identification number (VIN), and the name of the registered or titled owner of the vehicle(s); (f) the amount of first party medical coverage under the subject policy; and (g) the amount of first party wage loss coverage under the subject policy. ANSWER: No. . I , 33. Please state whether you have made a claim for, or received, benefits of any kind under the applicable policy. In particular, please identify whether you have made any claim for uninsured or underinsured motorist benefits under the applicable policy. ANSWER: PIP benefits only. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &AKFFL. P.C.si By: in--D Ra6ch, Esquire nsel for Defendant 1 ! , • CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S INTERROGATORIES TO PLAINTIFF, ANNE CARTER J HORN has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 1St day of June, 2011. Lee C. Swartz, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8vSKEEL-P.C. n By: in D. Ra4ch, Esquire nsel for Defendants , 0 VERIFICATION I, Anne Carter J. Horn, hereby certify that I am a plaintiff in this action, and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. A arter J. Hom Dated: lP - )-,) CERTIFICATE OF SERVICE AND NOW, this day of L'v , 2011, I, LEE C. SWARTZ, hereby certify that I have this day served the within Answers to Interrogatories by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie and Skeel, P.C. 100 Sterling Parkway, Ste. 306 Mechanicsburg, PA 17050 Le C. Swartz H BGDB:122187-1 025289-141621 Fax sent bg : 7177952315 ERIE INSURAMCE 89-15-11 14:55 Pg: 2/2 09/15/2011 Claims Management System CSPP191B 14:30 Medical Management Print Page; 1 Medical Payments Reg: BANKO S Claim: 010170993421 Ins: ANNE CAR J HORN & Claimant: 003 ANNE C J HORN Limit: 5000.00 Paid: 2863.51 CK Amount Payee Serv ice Date J411635 75.00 PINNACLE HEALTH HOSPITAL 20080923 to 20080923 6T538060 35.96 SMITH RADIOLOGY, INC 20081016 to 20081016 J569634 89.06 PINNACLE HEALTH HOSPITAL 20081002 to 20081017 J608162 15.53 QUANTUM IMAGING & THERAPEUTIC 20080923 to 20080923 J609049 189.18 PINNACLE HEALTH MEDICAL SVCS 20080829 to 20081009 J632168 220.85 PINNACLE HEALTH HOSPITAL 20080912 to 20080930 JE05603 65.31 PHFC OF LOWER PAXTON 20090227 to 20090227 JE21018 352.68 PINNACLE HEALTH HOSPITAL 20090306 to 20090306 JE32368 133.38 DOMINIQUE A. DEVANAND M.D. 20090325 to 20090325 JE56818 104.01 JAMES L. WHARTON, D.C. 20090317 to 20090317 JE58069 39.33 DOMINIQUE A. DEVANAND M.D. 20090401 to 20090401 JE58131 407.05 PENNSYLVANIA NEUROSURGERY & 20090325 to 20090325 JE70360 36.49 JAMES L WHARTON DC 20090402 to 20090402 JE71589 36.49 JAMES L. WHARTON, D.G. 20090327 to 20090327 JF89419 87.77 QUANTUM IMAGING & THERAPEUTIC 20090306 to 20090306 JG66842 39.33 PENNSYLVANIA NEUROSURGERY & 20090615 to 20090615 JT59603 36.49 JAMES L. WHARTON, D.C. 20090806 to 20090806 J185596 36.49 JAMES L. WHARTON, D.C. 20090812 to 20090812 JJ46312 36.49 JAMES L. WHARTON, D.C. 20090824 to 20090824 JK31833 36.49 JAMES L. WHARTON, D.C. 20090903 to 20090903 JK77378 36.49 JAMES L. WHARTON, D.C. 20090924 to 20090924 JL01388 36.49 JAMES L. WHARTON, D.C. 20090910 to 20090910 JN09122 65.31 PHFC OF LOWER PAXTON 20091201 to 20091201 JP57119 346.13 PINNACLE HEALTH HOSPITALS 20091211 to 20091215 JQ66294 112.78 JAMES L. WHARTON, D.C. 20100129 to 20100201 JR49997 36.49 JAMES L. WHARTON, D.C. 20091120 to 20091120 JX52511 80.84 JAMES L. WHARTON, D.C. 20100729 to 20100729 JX53136 37.80 JAMES L. WHARTON, D.C. 20100823 to 20100823 KB62715 37.80 JAMES L. WHARTON, D.C. 20101123 to 20101123 BLGAPA Erie Insurance Group 100 Erie Ins. PI. Erie. PA 16530 ERIE INSURANCE EXCHANGE FAMILY AUTO POLICY AMENDED DECLARATIONS 02 * EFFECTIVE 04/10/09 ATTACH THIS TO YOUR POLICY. REASON FOR AMENDMENT _. SEE *** BELOW AGENT - ANTHONY INSURANCE, INC. 650 WYNDAMERE ROAD AGENT PHONE - (717) 938-4507 LEWISBERRY PA 17339 9200 ************************************************************ * CONGRATULATIONS! A PIONEER EXPERIENCE RATING CREDIT HAS.* * BEEN APPLIED TO YOUR POLICY PREMIUM. * YOUR COLLISION COVERAGE AND DEDUCTIBLE APPLY TO PRIVATE PASSENGER # AUTOS YOU OR A RESIDENT RELATIVE RENT FOR 45 DAYS OR LESS. THIS IS # SUBJECT TO LIMITS, TERMS AND CONDITIONS IN THE POLICY. ITEM 4. AUTOS COVERED AUTO YR MAKE VIN 1 94 DODG GR CARA LE 1B4GH54L3RX215964 ST TER PHY LI OT RATING CLASS DDP PA 4D 7 09 13 A2BS-M FM55 2" 94 GMC SONOMA 1GTDT19Z4R8532253 PA 4D F 09 08 ALAS-M MM57 ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM OR INCL IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANN UAL PREMIUMS ARE AS FOLLOWS- M EQUALS THOUSAND $ #1 #2 * - THE FULL TORT OPTION APPLIES TO ALL ****GOOD PRIVATE DRIVER RATES APPLY***** PASSENGER VEHICLES - LIABILITY PROTECTION- . BODILY INJURY 100M/P RSON $300M/ACC 88 71 PROPERTY DAMAGE $100MRCC FIRST PARTY 81 6 5 BENEFITS- MEDICAL EXPENSE $5M 36 28 INCOME LOSS $1M/MONTH, $15M MAXIMUM ACCIDENT 10 8 AL DEATH $$25M 4 FUNERAL BENEFIT S2 5M 2 UNINSURED MOTORISTS COVERAGE- BOD INJ $100M/PERSON $300M/ACC-UNSTACKED UNDERINSURED MOTORI 16 13 STS OVER GE- BOD INJ 100M/PERSON 300 % - $ M ACC UNSTACKED PHYSICAL D MAGE COVERA E - 78 63 G S COMPREHENSIVE - $50 DED 33 36 COLLISION - $200 DED 93 95 OPTIONAL COVERAGES- TRANSP EXPENSES - COLL $20/DAY, $900/LOSS 12 12 TOTAL ANNUAL PREMIUM FOR EACH AUTO 454 397 TOTAL ANNUAL POLICY PREMIUM $ 851 NO CHANGE IN PREMIUM DUE TO THE CHANGE $ 0 ITEM 6. APPLICABLE POLICY ENDORS MENTS EXCEPTIONS TO DECLARATIONS ITEMS ALL AUTOS - FAP 03/07*, APPF01 0307* AFPA03 10/08* , AUTO 1 - AFPU01 03/07*. . AUTO 2 - AFPU01 03/07*. ***DUPLICATE SENT AT REQUEST OF AGENT 6001556 {' 0 20} I OCT I I PM 2: 20 QUMBERLANO CQLI ? `r PENNSYL?'t?MA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. HORN, her husband, Plaintiffs, CIVIL DIVISION NO. 10-3927 V. NATHAN RAY SHANK, Defendant. PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL DISCOVERY RESPONSES (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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10-3927 V. NATHAN RAY SHANK, Defendant. (Jury Trial Demanded) PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL DISCOVERY RESPONSES TO PROTHONOTARY: Kindly withdraw the Defendant's Motion to Compel Discovery Responses in the above- referenced matter. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 4 SKEEL, P.C. By: Kovin D1 Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL DISCOVERY RESPONSES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 5th day of October, 2011. Lee C. Swartz, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. 11 ?: By: Rauch, Esquire K rsu' elfor Defendant t P A fe All- 19 P'i l ,3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10-3927 v. MOTION TO COMPEL SUPPLEMENTAL DISCOVERY RESPONSES NATHAN RAY SHANK, 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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10-3927 v. (Jury Trial Demanded) NATHAN RAY SHANK, Defendant. MOTION TO COMPEL DISCOVERY RESPONSES AND NOW, comes the Defendant, Nathan Ray Shank, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Supplemental Discovery Responses and in support thereof avers the following: 1. This matter arises out of a motor vehicle accident which occurred on August 27, 2008, at the intersection of Bridge Street and 16th Street in New Cumberland, Cumberland County, Pennsylvania. 2. As a result of this accident, the Plaintiffs' filed a Complaint sounding in negligence and alleging personal injury. 3. On May 24, 2013, the Defendant served upon the Plaintiffs' Supplemental Interrogatories relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated May 24, 2013, is attached hereto as Exhibit 4. In accordance with Pa.R.C.P. 4009, the Plaintiff's Answers to Defendant's Supplemental Interrogatories should have been received by June 24, 2013. 5. On July 11, 2013, the Defendant granted the Plaintiffs an additional twenty (20) days to provide responses to Defendant's Supplemental Interrogatories. (A true and correct copy of correspondence between the parties dated July 11, 2013, is attached hereto as Exhibit "B".) 6. Defendant's counsel has since forwarded multiple letters to the Plaintiffs' requesting they respond to the outstanding discovery. 7. To date, the Defendant has not received any response from the Plaintiffs or Plaintiffs' counsel. 8. It is necessary for the proper defense of this lawsuit that the Plaintiffs file full and complete responses to the Defendant's discovery requests. 9. Accordingly, pursuant to Pa.R.C.P. 4019, the Defendant respectfully requests this Honorable Court enter an Order directing the Plaintiffs provide the Defendant with full and complete answers to Defendant's Supplemental Interrogatories within twenty (20) days or suffer additional sanctions. 10. Pursuant to Local Rule 208.3(a), no judge has previously ruled upon any other issues in this matter. 11. Counsel for the Defendant certifies he has made a good faith effort to resolve this discovery dispute as set forth above. 12. Counsel for Defendant certifies he has attempted to contact Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts, the Plaintiff's discovery responses have not been received by Defendant's counsel. WHEREFORE, Defendant, Nathan Ray Shank, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide full and complete Answers to Plaintiff's Supplemental Interrogatories. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE KEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant DEFENDANT'S E IBIT May 24, 2013 Lee C. Swartz, Esquire Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 RE: Horn v. Shank Our File No. • 18096 Dear Mr. Swartz: I am in receipt of your client's rejection of our offer of $4,000 in the above- referenced matter. Our settlement position could change depending upon the records or narrative report you produce. Since it appears Ms. Horn has treated since her deposition, enclosed please find Supplemental Interrogatories. Kindly have your client respond to the same within the time frame established by the Pennsylvania Rules of Civil Procedure. I will forward any and all additional discovery I receive to the carrier for reevaluation. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Carrie J. Taylor CJT:ard Enclosure DEPENDANT'S 1gBIT July 11, 2013 Lee C. Swartz, Esquire Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 RE: Horn v. Shank Our File No. • 18096 Dear Mr. Swartz: I am in receipt of your letter dated July 1, 2013. Please allow this correspondence to confirm an extension of 20 days for your client to respond to our Supplemental Interrogatories in the above-referenced matter. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Carrie J. Taylor CJT:ard CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL SUPPLEMENTAL DISCOVERY RESPONSES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 16th day of August, 2013. Lee C. Swartz, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 (Attorney for Plaintiff) By: Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10-3927 V. (Jury Trial Demanded) NATHAN RAY SHANK, Defendant. ORDER AND NOW, TO WIT, this 3�0l day of Aug a ♦V 2013, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs, Ann Carter Horn and Nathan Shank, provide Defendant, Nathan Ray Shank, with full and complete Answers and to Defendant's Supplemental Interrogatories within twenty (20) days of the date of this Order. J. Distribution List Kevin D. Rauch, Esquire rn Summers, McDonnell, Hudock, r- Guthrie & Skeel, P.C. ? 100 Sterling Parkway, Suite 306 x� Mechanicsburg, PA 17050 ` C) /Lee C. Swartz, Esquire J . � �-- Tucker Arensberg, 'P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 (Attorney for Plaintiff) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION C �` HORN, her husband, C"3 Plaintiffs, NO. ,10-3927 v. � (Jury Trial Demanded) 2:o °=V NATHAN RAY SHANK, Defendant. ' PRAECIPE TO WITHDRAW TO: THE PROTHONOTARY Kindly withdraw the Motion to Compel Supplemental Discovery Responses which was filed with the Court on August 19, 2013. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By. Y Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe to Withdraw has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 30th day of August, 2013. Lee C. Swartz, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. R' ch, E quire Counsel for Defendants i TA 2014 APR -9 PM 3: CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10 -3927 v. PETITION FOR APPOINTMENT OF ARBITRATORS NATHAN RAY SHANK, 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, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901 -5916 #18096 ,� �a &.sc>pd C`�,� aactLl ail IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10 -3927 v. (Jury Trial Demanded) NATHAN RAY SHANK, Defendant. PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE KEVIN A. HESS: Kevin D. Rauch, counsel for the defendant in the above action represents that: 1. The above - captioned action is at issue. 2. The total amount in controversy is $50,000 or less. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Kevin D. Rauch and Lee C. Swartz. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: evin D. Rauch(; Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 3rd day of April, 2014. Lee C. Swartz, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: evin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, V. NATHAN RAY SHANK, Defendant. AND NOW, on this q foregoing petition, prayed for. Distribution List: NO. 10-3927 (Jury Trial Demanded) ORDER OF COURT day o Weinn)' , Esq., , Esq., are appointed arbitrators in the above-captioned action as (fa 2014, in consideration of the , Esq., and By the Court, P.J. Kevin . Hess Lee C. Swartz, Esquire; Tucker Arensberg, P.C., 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108 , Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock & Guthrie, P.C; 945 East Park Drive, Suite 201, Harrisburg, PA 17111 Anne Carter J. Horn and Philip J. Horn, her husband In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2010 - 3927 S 2010 Civil Action - Law. Nathan Ray Shank Plaintiff Defendant Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties o • office w s fidelity. Signature Gary J. Heim Name (Chairman) Persun & Heim, P.C. Law Firm 1700 Bent Creek Blvd, Suite 160 Dirk E. Berry Son Kivisto Name Dirk E. Berry, Esq Law Firm 44 S. Hanover Street Address Address Name Marcello & Kivisto Law Firm 1200 Walnut Bottom Road, Suite 331 Address Mechanicsburg, PA 17055 Carlisle, PA 17013 Carlisle, PA 17015 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following ite2 award: (Note: If damages for delay are awarded, they shall be separately stated.) ..ac A vl F pisve9 M 4-2frPP eiric pu,c16 ce.rrr .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: .24;. actic "hQr- -Vfic Notice of Entry of Award Now, the c7R9/4 day of144,j,cei , 20 /I/ ,at , .M., the above award was entered upon the docket an notice thereof given by mail to the parties or their attorneys. Arbitrators' ion to be aid upon appeal: $ 17% -re) Prothonotary By: Deputy _.L.LL'urFiv .f HE PROTHONO 20I4 SEP 25 AM f I : 25 CUMBERLAND COUNTY PENNSYLVANIA i2et); A b. ea "CA. &75:7 Ler C'_ .Srz i i _ 0I5,.Ian 12 PH I2:it0 CUMBERLAND COOP( PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE CARTER J HORN and PHILIP J. CIVIL DIVISION HORN, her husband, Plaintiffs, NO. 10-3927 v. (Jury Trial Demanded) NATHAN RAY SHANK, Defendant. PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY Please mark the above -referenced case settled and discontinued, with prejudice. Respectfully submitted, RUCKER ARENSBERG, P.C. 001 t Lee C. Sw. z, Esq Counsel for Plaintiffs