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Home My WebLink About10-7883IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. % 3 r- 2010 Civil Action - (XX) Law ( ) Equity MICHELLE ALDINGER & RANJANA MULGUND c N CS C1 -n WILLIAM ALDINGER, JR. 10A Richland Lane In_ W ° 9 Pine Ridge Circle Apartment 201 N rn Enola, PA 17025 Camp Hill, PA 17011 --<D r -M CO --? o MALTESH MULGUND zo Mt -n Z 10A Richland Lane y?c o -sir', Apartment 201 Camp Hill, PA 17011 versus Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. Writ of Summons Shall be issued and forwarded to (XX )Attorney Andrew C. Spears Esquire 1300 Linglestown Road Harrisburg, PA 17108 (717) 238-2000 Name/Address/Telephone No. of Attorney (LQ /___ Signature of Attorney Supreme Court ID No. 87737 Date: I 111 10 k 4C( ooz?; WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. 'othonotary by. Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson C) Sheriff tz ^' Cz t? "i1 Jody S Smith ?Q??? z? =-n Chief Deputy rn- Richard W Stewart d co Solicitor ti.r= 0 o :t> -_,r n Michelle Aldinger (et al.) co Case Numb-6r vs. Ranjana Mulgund (et al.) 2010-7883 SHERIFF'S RETURN OF SERVICE 01/10/2011 08:22 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2011 at 2022 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Ranjana Mulgund, by making known unto Maltesh Mulgund, Husband of defendant at 10A Richland Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. DENN FRY, D U 01/10/2011 08:22 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2011 at 2022 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Maltesh Mulgund, by making known unto himself personally, at 10A Richland Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. DEN S FRY, D SHERIFF COST: $57.94 January 11, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c Jounlya nt . S:.en'I (e ?sutt. !c,'. t 7 Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 JDannunzio@aeico.com 717-901-5002 717-901-5012 (fax) CZ) n G ?- -t rn ? ? rZ C:) _C) •C? Tin ar o-n C-) Attorney for Defendants C:) Arn ?-1 C cr% -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ALDINGER and WILLIAM ADINGER, JR., Plaintiffs NO. 7883 OF 2010 V. CIVIL ACTION - LAW RANJANA MULGUND and MALTESH MULGUND, JURY TRIAL DEMANDED Defendants PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Ranjana Mulgund and Maltesh Mulgund, in the above-captioned matter. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: BY: A ?? 4A ?- Joseph R. D'Annunzlo, Esquire Attorney for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Date: I -- g- r By: Roxanne Weller i { Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 JDannunzio@geico.com 717-901-5002 717-901-5012 (fax) FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 20 AM 11: 38 1AVEPl14i QTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ALDINGER and WILLIAM ADINGER, JR., Plaintiffs NO. 7883 OF 2010 V. CIVIL ACTION - LAW RANJANA MULGUND and MALTESH MULGUND, JURY TRIAL DEMANDED Defendants PRAECIPE FOR RULE TO FILE A COMPLAINT Please issue a Rule directed to Plaintiffs to file a Complaint in the above-captioned matter within twenty (20) days or suffer judgment Non Pros. Respectfully submitted, BY:-A -1 - Joseph R. D'Annunzio, Esquire RULE AND NOW, this a O day of ?-GMLWviA 2011, upon J consideration of Defendants' 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 dy day of _ 2011, CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe for Rule to File a Complaint upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Date: By: Roxanne Weller MICHELLE ALDINGER and : IN THE COURT OF COMMON PLEAS WILLIAM ALDINGER, JR., : CUMBERLAND COUNTY, PENNSYLVANIAc- Plaintiffs ^' -j-. V. : NO. 2010-07883 -i ;0 n C ? RANJANA MULGUND and : CIVIL ACTION - LAW -`' MALTESH MULGUND, < ??n Defendants == ?' c) 'k NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los proximos veinte (20) dfas despues de la notificacion 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, [as demandas presentadas aquf en contra suya. Se le advierte de que si usted falla de tomar accion 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 reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By: Andre pears, Esq. Andrew C. Spears, Esquire I. D. # 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 Attorneys for Plaintiffs E-mail: spears@hhrlaw.com MICHELLE ALDINGER and IN THE COURT OF COMMON PLEAS WILLIAM ALDINGER, JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010-07883 RANJANA MULGUND and CIVIL ACTION - LAW MALTESH MULGUND, Defendants COMPLAINT AND NOW come the Plaintiffs, Michelle Aldinger and William Aldinger, Jr., by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esquire, and makethewithin Complaint againstthe Defendants, Ranjana Mulgund and Maltesh Mulgund, and aver as follows: 1. Plaintiff, Michelle Aldinger, is a competent adult individual currently residing with her husband, William Aldinger, Jr., at 9 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania. 2. Plaintiff, William Aldinger, Jr., is a competent adult individual currently residing with his wife, Michelle Aldinger, at 9 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania. 3. Defendant, Ranjana Mulgund, is a competent adult individual currently residing at 10A Richland Lane, Apartment 201, Camp Hill, Cumberland County, Pennsylvania. 4. Defendant, Maltesh Mulgund, is a competent adult individual currently residing at 10A Richland Lane, Apartment 201, Camp Hill, Cumberland County, Pennsylvania. 5. At all times material hereto, Plaintiff, Michelle Aldinger, was a passenger in a 2004 Mercedes-Benz, owned by William Aldinger, Jr., and bearing Pennsylvania registration number GXT8484 (hereinafter, "Plaintiffs vehicle") 6. At all times material hereto, Defendant, Ranjana Mulgund, was the operator of a 2000 Honda Accord, owned by Defendant, Maltesh Mulgund, and bearing Pennsylvania registration number GRY7726 (hereinafter, "Defendant's vehicle") 7. At all times material hereto, Plaintiff, Michelle Aldinger, was a named insured under an automobile insurance policy with GEICO General Insurance Company and she was covered under the full-tort option. 8. On or about February 14, 2009, at approximately 6:25 p.m., Defendant, Ranjana Mulgund, was pulling out of St. John's Place eastbound onto the Carlisle Pike before its intersection with St. John's Drive in Hampden Township, Cumberland County, Pennsylvania. 9. At approximately the same time and place, Plaintiff, Michelle Aldinger, was a passenger in Plaintiffs vehicle, which was parked in a lot next at the intersection of Carlisle Pike and St. John's Drive. 2 10. Suddenly and without warning, Defendant, Ranjana Mulgund, struck the curb on the eastbound side of the Carlisle Pike and accelerated rapidly, propelling Defendant's vehicle over the curb and into Plaintiff's vehicle. Defendant's vehicle proceeded to strike the vehicle parked next to Plaintiffs vehicle (pushing it into the next vehicle) and ran over a street sign before coming to a rest. 11. Suddenly and without warning, Defendant's vehicle violently struck the right front of Plaintiffs parked vehicle, in which Plaintiff, Michelle Aldinger, was a passenger. 12. As a direct and proximate result of the negligence of Defendants, Plaintiffs, Michelle Aldinger and William Aldinger, Jr., sustained damages as set forth more specifically below. COUNT I - NEGLIGENCE Michelle Aldinger v. Ranjana Mulgund 13. All prior paragraphs are incorporated herein as if set forth fully below. 14. The occurrence of the aforementioned collision and all the resultant damages to Plaintiff, Michelle Aldinger, are the direct and proximate result of the negligence and/or carelessness of Defendant, Ranjana Mulgund, generally, and more specifically, as setforth below: (a) In driving Defendant's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. Cons. Stat. Ann. § 3714; (b) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (c) In failing to properly regulate the speed of Defendant's vehicle; 3 (d) In failing to maintain proper and adequate observation of the existing traffic conditions, in violation of 75 Pa. Cons. Stat. Ann. § 3309; (e) In failing to operate Defendant's vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (f) In failing to maintain control of Defendant's vehicle; (g) In failing to operate Defendant's vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance ahead, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (h) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendant's vehicle under such control that injury to persons or property could be avoided; and (1) In otherwise operating a motor vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others, in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 15. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has suffered personal injuries, including, but not limited to, neck pain. 16. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has undergone continuing medical care for the aforesaid injuries. 17. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, 4 emotional, and financial detriment and loss. 18. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss. 20. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has been, and will in the future be, hindered from attending to her daily duties and chores, to her detriment and loss. WHEREFORE, Plaintiff, Michelle Aldinger, seeks damages from Defendant, Ranjana Mulgund, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - NEGLIGENT ENTRUSTMENT Michelle Aldinger v. Maltesh Mulgund 21. All prior paragraphs are incorporated herein as if fully set forth at length. 22. Defendant, Maltesh Mulgund, was the owner of the 2000 Honda Accord, which Defendant, Ranjana Mulgund, was operating with Defendant, Maltesh Mulgund's express and/or implied permission at the time of the collision. 23. Defendant, Maltesh Mulgund, knew, or should have known, that Defendant, Ranjana Mulgund, would be operating Defendant's vehicle in a negligent manner. 24. The occurrence of the aforementioned collision and the resultant injuries to 5 Plaintiff were the direct and proximate result of the negligence of Defendant, Maltesh Mulgund, in negligently entrusting his vehicle to Defendant, Ranjana Mulgund, and in allowing her to operate said vehicle when he knew, or should have known, that Defendant, Ranjana Mulgund, was inexperienced and not fit and competent to operate Defendant's vehicle in a safe manner. Defendant, Maltesh Mulgund, knew, or should have known, of Defendant, Ranjana Mulgund's propensity to operate motor vehicles as follows: (a) Without proper and adequate control so that she could avoid a collision; (b) Without being reasonably vigilant to observe the road and traffic conditions; (c) Without exercising reasonable care in operation and control of the vehicle, in violation of 75 Pa. Cons. Stat. Ann. § 3714; (d) In a careless manner, in violation of 75 Pa. Cons. Stat. Ann. § 3714; and (e) In a manner endangering persons and property and with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 25. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has suffered personal injuries, including, but not limited to, neck pain. 26. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has undergone continuing medical care for the aforesaid injuries. 27. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has suffered physical pain, discomfort, and mental anguish, and she will 6 continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 28. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss. 29. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss. 30. As a direct and proximate result of the negligence of Defendant, Plaintiff, Michelle Aldinger, has been, and will in the future be, hindered from attending to her daily duties and chores, to her detriment and loss. WHEREFORE, Plaintiff, Michelle Aldinger, seeks damages from Defendant, Maltesh Mulgund, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III - LOSS OF CONSORTIUM William Aldinger, Jr. v. Ranjana Mulgund 31. All prior paragraphs are incorporated herein as if set forth fully below. 32. At all times material hereto, Plaintiffs, Michelle Aldinger and William Aldinger, Jr., were lawfully married as husband and wife. 33. As a direct and proximate result of the negligence of Defendant, Ranjana Mulgund, Plaintiff, William Aldinger, Jr., has suffered a loss of consortium, society, and comfort from his wife, Michelle Aldinger, and he will continue to suffer a similar loss in the 7 future. 34. As a direct and proximate result of the negligence of Defendant, Ranjana Mulgund, Plaintiff, William Aldinger, Jr., has been compelled, in order to effect a cure for his wife's injuries, to spend money for medicine and medical attention and he will be required to spend money for the same purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, William Aldinger, Jr., seeks damages from Defendant, Ranjana Mulgund, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT IV - LOSS OF CONSORTIUM William Aldinger. Jr. v. Maltesh Mulgund 35. All prior paragraphs are incorporated herein as if set forth fully below. 36. At all times material hereto, Plaintiffs, Michelle Aldinger and William Aldinger, Jr., were lawfully married as husband and wife. 37. As a direct and proximate result of the negligence of Defendant, Maltesh Mulgund, Plaintiff, William Aldinger, Jr., has suffered a loss of consortium, society, and comfort from his wife, Michelle Aldinger, and he will continue to suffer a similar loss in the future. 38. As a direct and proximate result of the negligence of Defendant, Maltesh Mulgund, Plaintiff, William Aldinger, Jr., has been compelled, in order to effect a cure for his wife's injuries, to spend money for medicine and medical attention and he will be required to spend money for the same purposes in the future, to his detriment and loss. 8 WHEREFORE, Plaintiff, William Aldinger, Jr., seeks damages from Defendant, Maltesh Mulgund, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. DATED: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Andrew . Spears, Esquire Supreme Court I.D. # 87737 1300 Linglestown Road Harrisburg, PA 17110 SpearsO-hhrlaw.com (717) 238-2000 Attorney for Plaintiff 9 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. za 66:ta? illiam Aldinger Date: Z/i lil R VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. c Michelle A. Aldinger Date?? " ` 020// MICHELLE ALDINGER and WILLIAM ALDINGER, JR., Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-07883 RANJANA MULGUND and CIVIL ACTION - LAW MALTESH MULGUND, c a Defendants 73(= C:) I CERTIFICATE OF SERVICE o cn 4CD o"I On the 14th day of February, 2011, 1 hereby certify that a true and corre?tRopxof = C-j Plaintiffs' Complaint was served upon the following by depositing in U.S. Mail; Joseph R. D'Annunzio, Esq. 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 ACS/tgd Very truly yours, HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. Spears 9 Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 JDannunzio@geico.com 717-901-5002 717-901-5012 (fax) clLc r,-Q7FiCE i ? iL PRO XCIdOTARY 2011 FEB 28 AM I I I. 1 ? Ada IENNSYLVANIIA TY Attorney for Defendan Ranjana Mulgund and Maltesh Mulgund IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ALDINGER and WILLIAM ALDINGER, JR., Plaintiffs NO. 7883 OF 2010 V. CIVIL ACTION - LAW RANJANA MULGUND and MALTESH MULGUND, JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: Michelle Aldinger and William Aldinger, Jr., Plaintiff c/o Andrew C. Spears, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: 2?? By: A e- / Joseph R. D'Annunzio, Esquire Attorney for Defendants, Saadia Sajid and Imtiaz Khurshid Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 JDannunzio@geico.com 717-901-5002 717-901-5012 (fax) Attorney for Defendants, Ranjana Mulgund and Maltesh Mulgund IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE ALDINGER and WILLIAM ALDINGER, JR., Plaintiffs NO. 7883 OF 2010 V. CIVIL ACTION - LAW RANJANA MULGUND and MALTESH MULGUND, JURY TRIAL DEMANDED Defendants ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT 1-2. Admitted only that the Plaintiffs are identified as Michelle Aldinger and William Aldinger, Jr. The Defendants are without information sufficient to form a belief as to the address of the Plaintiffs or their relationship. Strict proof is demanded. 3. Admitted. 4. Admitted. 5. Admitted only that at all times material hereto the Plaintiff, Michelle Aldinger, was a passenger in a motor vehicle that is identified as a 2004 Mercedes- Benz. The remaining averments of this paragraph are denied as the Defendants lack sufficient knowledge or information sufficient to form a belief. Strict proof is demanded. 6. Admitted. 7. Denied as stated. It is averred that the information regarding this paragraph is irrelevant to the lawsuit and therefore need not be responded to. Strict proof is demanded as to the tort option selected by the Plaintiff. 8. Admitted in part. It is admitted that on February 14, 2009, at about 6:25 p.m. the Defendant, Ranjana Mulgund, was coming out of a parking lot and was intending to travel eastbound onto Carlisle Pike. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph and so they are denied and strict proof is demanded. 9. Admitted only that at that time the Plaintiff, Michelle Aldinger, was a passenger in a parked vehicle that was parked in the parking lot. 10. Admitted only that the Defendant, Ranjana Mulgund, struck the curb on the eastbound side of Carlisle Pike and that her car struck the Plaintiff's vehicle and another vehicle that was parked next to the Plaintiff's vehicle which in turn struck a third vehicle. It is admitted further that the Defendant's vehicle struck a street sign. The remaining averments are denied as conclusions of law and it is denied that the Defendant's vehicle accelerated rapidly or that it was propelled into any other vehicles. 11. After reasonable investigation the answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments. Accordingly, they are deemed denied and strict proof is demanded. It is only admitted that Michelle Aldinger was a passenger in a vehicle. Further, the averments are denied as conclusions of law to which no responsive pleading is required. 12. Denied as conclusions of law to which no responsive pleading is required. After reasonable investigation the answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. COUNT I - NEGLIGENCE Michelle Aldinaer v. Raniana Mulaund 13. The answers to paragraphs 1 through 12 are incorporated by reference as if fully set forth herein. 14. Denied as conclusions of law to which no responsive pleading is required. 15-20. Denied that the Defendant was negligent or that her conduct in any way caused or contributed to any injuries or damages sustained by the Plaintiffs. To the contrary, this is a conclusion of law to which no responsive pleading is required. Further, after reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in these paragraphs regarding the injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. WHEREFORE, the Defendant, Ranjana Mulgund, demands that judgment be entered in her favor. COUNT II - NEGLIGENT ENTRUSTMENT Michelle Aldinaer v. Maltesh Mulaund 21. The answers to paragraphs 1 through 20 are incorporated by reference as if fully set forth herein. 22. Admitted that Defendant Maltesh Mulgund was the owner of the 2000 Honda Accord and that Defendant Ranjana Mulgund operated the vehicle with his permission. 23. Denied. It is denied that the Defendant knew or should have known that his wife, Ranjana Mulgund, would operate his vehicle in a negligent manner. To the contrary, the Defendant had a reasonable belief that his wife was a skillful and licensed driver and that she would operate the vehicle exercising due and reasonable care. 24. Denied. It is denied that the collision and resulting injuries to the Plaintiff were the direct and proximate result of the negligence of Defendant Maltesh Mulgund. To the contrary, the Defendant Maltesh Mulgund reasonably believed based upon the fact that his wife was a licensed driver and that she had previously driven her car in a safe and proper fashion that she would operate the vehicle in a prudent and safe manner. Therefore, the remaining averments are denied as conclusions of law to which no responsive pleading is required. 25-30. It is denied that the Defendant Maltesh Mulgund was negligent or that his conduct in any way caused or contributed to any injuries or damages that were allegedly sustained by the Plaintiff. To the contrary, the Defendant was not negligent. After reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the averments set forth in these paragraphs regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. WHEREFORE, the Defendant, Maltesh Mulgund, demands that judgment be entered in his favor. COUNT III - LOSS OF CONSORTIUM WILLIAM ALDINGER. JR. v. RANJANA MULGUND 31. The answers to paragraphs 1 through 30 are incorporated by reference as if fully set forth herein. 32. After reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding the relationship of William Aldinger, Jr. to Michelle Aldinger. Accordingly, the averments are deemed denied and strict proof is demanded. 33-34. Denied that Defendant Ranjana Mulgund was negligent and that her conduct caused or contributed in any way to injuries or damages sustained by William Aldinger, Jr. This is a conclusion of law to which no responsive pleading is required. Further, after reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in these paragraphs regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. WHEREFORE, Defendant, Ranjana Mulgund, demands that judgment be entered in her favor. COUNT IV - LOSS OF CONSORTIUM WILLIAM ALDINGER. JR. v. MALTESH MULGUND 35. The answers to paragraphs 1 through 34 are incorporated by reference as if fully set forth herein. 36. After reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments regarding the relationship of William Aldinger, Jr. to Michelle Aldinger. Accordingly, the averments are deemed denied and strict proof is demanded. 37-38. It is denied that the Defendant Maltesh Mulgund was negligent or that his conduct in any way caused or contributed to any injuries or damages allegedly sustained by William Aldinger, Jr. These constitute conclusions of law to which no responsive pleading is required. After reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in these paragraphs regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. WHEREFORE, Defendant, Maltesh Mulgund, demands that judgment be entered in his favor. NEW MATTER 39. The answers contained in paragraphs 1 through 38 hereof are incorporated herein by reference as if set forth in their entirety. 40. Plaintiff's claims, if any, are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law and are governed by their tort selection. All defenses are asserted, including the defense that the Plaintiff failed to sustain a serious injury and is bound by the limited tort election. 41. Plaintiff's claims, if any, may be barred by the applicable statute of limitations. 42. If it should be found that there was any negligence on the part of Defendant, which is denied, then in that event any such negligence was not a substantial factor nor factual cause of Plaintiffs alleged injuries. 43. Discovery may reveal that some or all of the Plaintiff's injuries and damages were caused or aggravated by events that occurred subsequent and/or prior to the date of the subject accident. 44. Discovery may reveal that some or all of the Plaintiff's injuries and conditions preexisted the date of the subject accident and were not caused or aggravated by the subject accident. WHEREFORE, Defendants, Ranjana Mulgund and Maltesh Mulgund, demand that judgment be entered in their favor. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: By: / ""/ 'e Joseph R. D'Annunzio, Esquire Attorney for Defendants VERIFICATION Maltesh Mulgund states that he is the Defendant in this action, and verifies that the statements made in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 02- - 2 3 ' ,2 v 1) ' It sh Mulgund CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Date: By:2--? PVxanne Weller v L-CFr ICt ?I P U i HUNUTAR'i, 2N I MAR - 4 PM I : 13 ,,,MBERLAND COUNTY PENNSYLVANIA Andrew C. Spears, Esquire I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: spears@HHRLaw.com MICHELLE ALDINGER and : IN THE COURT OF COMMON PLEAS WILLIAM ALDINGER, JR., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2010-07883 RANJANA MULGUND and : CIVIL ACTION - LAW MALTESH MULGUND, Defendants PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes the Plaintiffs, Michelle Aldinger and William Aldinger, Jr., by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and responds to the Defendants' allegations of New Matter as follows: 39. The averments contained in this paragraph constitute an incorporation paragraph to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 40. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 41. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 42. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 43. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 44. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. WHEREFORE, Plaintiffs, Michelle Aldinger and William Aldinger, Jr., respectfully request that this Honorable Court dismiss Defendants' New Matter, enter judgment in favor of Plaintiffs, and enter such other Orders as are equitable and just. DATED: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Cl.- Andre rs, Esquire Supreme Court I.D. # 87737 1300 Linglestown Road Harrisburg, PA 17110 SpearsCa)-hhrlaw.com (717) 238-2000 Attorney for Plaintiff 2 MICHELLE ALDINGER and : IN THE COURT OF COMMON PLEAS WILLIAM ALDINGER, JR., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2010-07883 RANJANA MULGUND and : CIVIL ACTION - LAW MALTESH MULGUND, Defendants CERTIFICATE OF SERVICE On the 2nd day of March, 2011, 1 hereby certify that a true and correct copy of Plaintiffs' Reply To New Matter was served upon the following by depositing in U.S. Mail; Joseph R. D'Annunzio, Esq. 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 DATE: 3 HANDLER, HENNING & ROSENBERG, LLP By: Andre C. pears VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) ANDREW C. SPEARS, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: ?4k r?' ANDR EARS, ESQUIRE ? T"10 2:48 C?JP?,??RL Y,?VAp?AC?( ?EPtNS Andrew C. Spears, Esquire 1. D487737 HANDLER, HENNING & ROSENBE 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: spears HHRLaw.c MICHELLE ALDINGER and WILLIAM ALDINGER, JR., Plaintiffs LLP Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2010-07883 V. RANJANA MULGUND, and MALTESH MULGUND : CIVIL ACTION - LAW PE TO SUBSTITUTE Please substitute the previously filed with the Reply Verifications in place of the Verification that was New Matter on March 4, 2011. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP DATED: By: Andre . Spears, Esquire Supreme Court I.D. # 87737 1300 Linglestown Road Harrisburg, PA 17110 SpearsCa)-hhrlaw.com (717) 238-2000 Attorney for Plaintiff MICHELLE ALDINGER and WILLIAM ALDINGER, JR., Plaintiffs V. RANJANA MULGUND, and MALTESH MULGUND : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-07883 CIVIL ACTION - LAW CERTIFICATE OF SERVICE On the 7'h day of March, 2011, 1 hereby certify that a true and correct copy of Plaintiffs' Praecipe to Date: A-1 ` 1 \ was served upon the following by depositing in U.S. Mail; Jos ph R. D'Annunzio, Esq. 430 Linglestown Road Suit 211 Harr sburg, PA 17112 Very truly yours, HANDLER, HENNING & ROSENBERG, LLP By: C, I Andr w rs 2 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which h1as been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information a d belief. To the extent that the contents of the document are that of counsel, I have undersigned also understands penalties of 18 Pa. C.S ied upon my counsel in making this Verification. The the statements made therein are made subject to the ? 4904, relating to unsworn falsification to authorities. A&? 0.7 d - William Aldinger, Jr. Date: '!>-3- /I i VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and n it is based upon information whi of my knowledge, information a are that of counsel, I have re undersigned also understands penalties of 18 Pa. C.S. Secti my own. I have read the document and to the extent that I have given to counsel, it is true and correct to the best belief. To the extent that the contents of the document upon my counsel in making this Verification. The at the statements made therein are made subject to the 4904, relating to unsworn falsification to authorities. Michelle A. Aldinger Date: 1-3-,,2611 i iLED-OFFICE THE PROTHONOTARY Andrew C. Spe ars, Esquire 2(?{ JUL - I I'M?9 HANDLER, HE NING & ROSENBERG, LLP 1300 Linglesto n Road CUMBERLAND COUNTY Harrisburg, P 17110 PENNSYLVANIA Attorney ID: 87 37 Tele: (717) 38-2000 Fax: (717) 33-3029 E-mail: Spear ;@hhdaw.com Attorney for Plaintiffs MICHELLE LDINGER and : IN THE COURT OF COMMON PLEAS WILLIAM A DINGER, JR., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2010-07883 RANJANA ULGUND and : CIVIL ACTION - LAW MALTESH ULGUND, . Defendants CERTIFICATE OF SERVICE AND 14OW, this day of June, 2011, 1 hereby certify that I have, on this date, se ed the within Plaintiffs' Answers to the Interrogatories and Responses to Requests for Production of Defendants, by sending a true and correct copy of the same to the attorn y of record via first class United States mail, postage prepaid and addressed a follows: Joseph R. D'Annunzio, Esq. 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By. cjl?, Andrew C. S'?dars,Lsq. Attorney ID No. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ALDINGER & ALDINGER Vs. NO. 10-7883 n p _T*1 MULGUND & MULGUND 3 ?, ---? CERTIFICATE i rn 3sw r- w PREREQUISITE TO SERVICE OF A SUBPOENA <z C:) PURSUANT TO RULE 4009.22 Q-n DC N -,r As a prerequisite to service of a subpoena(s) for documents anZ ti.nc pursuant to Rule 4009.22 JOSEPH R D'ANNUNZIO, ESQUIRE certifies tha t: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 12/23/11 JOSEPH R D'ANNUNZIO, ESQUIRE 4309 LINGLESTOWN RD SUITE 211 HARRISBURG, PA 17112 717-901-5002 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 By: Susan Tyre MLR File #: R394606 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ALDINGER & ALDINGER Vs. MULGUND & MULGUND No. 10-7883 TO: ANDREW SPEARS, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one (s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 12/02/11 JOSEPH R D'ANNUNZIO, ESQUIRE 4309 LINGLESTOWN RD SUITE 211 HARRISBURG, PA 17112 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre Enc(s): Copy of subpoena (s) Counsel return card File #: R394606 rrvwv iil>rALTH OF F'E3NNMVANIA COUNTY OF CUKBERIAND ALDINGER & ALDINGER Vs. MULGUND & MULGUND File No. 10-7883 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCLMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PENNA. NEUROSURG, 4310 LONDONDERRY RD #202, HARRISBURG PA 17110 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the following documents or ? fgXT9F*eftE-D ADDENDUM at _ MEDICAL LEGAL REPRODUCTIONS . INIU, 45ST., PHILA., PA (Address) You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of ccnpliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onable 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 thii subpoena may seek a court orde;- cxmpe l l i ng you to coup l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH R D'ANNUNZIO, ESQ ADDRESS: 4309 LINGLESTOWN RD 14ARR T SRURG, PA 17112 TELEPHONE: 2±5-335 3212 SUPReE OOURT ID # ATTORNEY FOR: DEFENDANT R394606-01 BY THE COURT. DATE : Prothonotary/Clark, Civil Division Seal of the Court Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ALDINGER & ALDINGER Vs. MULGUND & MULGUND No. 10-7883 CUSTODIAN OF RECORDS FOR: PENNA NEUROSURG ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: MICHELLE ALDINGER ADDRESS: 9 PINE RIDGE CIRCLE ENOLA PA DATE OF BIRTH: 02/28/60 SSAN: XXXXX4169 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN t ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or PENNA. NEUROSURG CUMBERLAND R394606-01 * * * SIGN AND RETURN THIS PAGE * * * CoMmaag ALTH OF PENNSYLVANIA COUJNry OF C[ ID ALDINGER & ALDINGER Vs. Fi le No. 10-7883 MULGUND & MULGUND . ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 TO: ATTN: RADIOLOGY DEPT (Name of Person or Entity) Within twenty,(20) days after service of this subpoena, you are ordered by the court to produce the fo 1 lowing documents or SUfgs.: at _ MEDICAL LEGAL REPRODUCT , INC, 4 g- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together wit'i the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the rea^,onablc 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 thin subpoena may seek a court order cmpe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME JOSEPH R D'ANNUNZIO, ESQ ADDRESS: 4309 LINGLESTOWN RD NARRTSR TR G, PA 17112 TELEPHONE: 3212 SUPREME COURT I D # ATTORNEY FOR: R394606-02 DEFENDANT DATE: ;I /'S J/ / Seal of th Court (Eff. 7/97) BY THE COURT: 7? --41 Prothonotary/Clerk, Civil Division ___. - "I ADDENDUM TO SUBPOENA ALDINGER & ALDINGER Vs. No. 10-7883 MULGUND & MULGUND CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP ANY AND ALL FILMS OF DIAGNOSTIC TESTING INCLUDING CT SCANS AND XRAYS PERTAINING TO: NAME: MICHELLE ALDINGER ADDRESS: 9 PINE RIDGE CIRCLE ENOLA PA DATE OF BIRTH: 02/28/60 SSAN: XXXXX4169 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ) RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HOLY SPIRIT HOSP CUMBERLAND R394606-02 * * * SIGN AND RETURN THIS PAGE * * * ComnXMFALTH OF PENNSYLVANIA COUNrY OF CLDWERLAND ALDINGER & ALDINGER Vs. MULGUND & MULGUND File No. 10-7883 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HERITAGE DIAGNOSTIC CTR, 3 WALNUT ST, LEMOYNE PA 17043 TO: (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 -hh' _ at _ MEDICAL LEGAL REPRODUCTIONS, INC, 4947 DISSTON 5T., -PX-- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together wit!j the certificate of ca pliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onablc- 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 orde>- compelling you to car ply with it. THIS SUBPOENA WAS ISSUED AT THE REQ EST OF THE FOLLOWING PERSON: NAME: JOSEPH R D'ANNUNZIO, ESQ ADDRESS: 4309 LINGLESTOWN RD HARRISBURG', PA 17112 TELEPHONE: SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT R394606-03 DATE: / Seal cf th rt (Eff. 1/9T) BY THE COURT: Prothonotary/Clerk, Civil Division ADDENDUM TO SUBPOENA ALDINGER & ALDINGER Vs. No. 10-7883 MULGUND & MULGUND CUSTODIAN OF RECORDS FOR: HERITAGE DIAGNOSTIC CTR ANY AND ALL COPIES OF FILMS OF ALL DIAGNOSTIC TESTS INCLUDING MRIS PERTAINING TO: NAME: MICHELLE ALDINGER ADDRESS: 9 PINE RIDGE CIRCLE ENOLA PA DATE OF BIRTH: 02/28/60 SSAN: XXXXX4169 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HERITAGE DIAGNOSTIC CTR CUMBERLAND R394606-03 * * * SIGN AND RETURN THIS PAGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY C= ALDINGER & ALDINGER --? x tTl ss FZ Vs. NO. 10-7883 MULGUND & MULGUND co ' '- CERTIFICATE mac. _ ; . f PREREQUISITE TO SERVICE OF A SUBPOENA }' N r' PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOSEPH R D'ANNUNZIO, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/21/12 JOSEPH R D'ANNUNZIO, ESQUIRE 4309 LINGLESTOWN RD SUITE 211 HARRISBURG, PA 17112 717-901-5002 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 By: Susan Tyre MLR File ##: R396466 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ALDINGER & ALDINGER Vs. MULGUND & MULGUND No. 10-7883 TO: ANDREW SPEARS, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 01/31/12 JOSEPH R D'ANNUNZIO, ESQUIRE 4309 LINGLESTOWN RD SUITE 211 HARRISBURG, PA 17112 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre Enc (s) : Copy of subpoena(s) Counsel return card File #: R396466 ppI gWFALTH OF PENNSYLVANIA r COUNTY OF ALDINGER & ALDINGER Vs. File No. _ 1 n-7ps'l MULGUND & MULGUND ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0 PRISM, 175 LANCASTER AVE, MECHANCISBURG PA 17055 : (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 ADDENDUM at MEDICAL LEGAL REPRODUCTIONgAdgka-,s)4940 DISSTON ST.,, PHILA., PA You may deliver or mail legible copies of the documents or produce things requested k-, this subpoena, together with the certificate of canpliance, to the party making thi_ 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 thi; subpoena may seek a court orde,- cxmpe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH R D'ANNUNZIO, ESQ ADDRESS: - -^y>-?iNGLES-=OWN RD TELEPHONE: A 17112 SUPREME COURT I D# 215-335-3212 ATTORNEY FOR: DEFENDANT R396466-01 DATE : 02i--o Seai'of the Court BY THE COURT : yid !7 .due l ? Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ALDINGER & ALDINGER Vs. No. 10-7883 MULGUND & MULGUND CUSTODIAN OF RECORDS FOR: PRISM ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: MICHELLE ALDINGER ADDRESS: 9 PINE RIDGE CIRCLE ENOLA PA DATE OF BIRTH: 02/28/60 SSAN: XXXXX4169 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for PRISM CUMBERLAND R396466-01 * * * SIGN AND RETURN THIS PAGE * * * I f v E ?'y 1 4 L'!aC( 1611 33 Andrew C. Spears, Esquire , -, - COWITY HANDLER, HENNING & ROSENBERG, LL ? R 1300 Linglestown Road Harrisburg, PA 17110 Attorney ID: 87737 Tele: (717) 238-2000 Fax: (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiffs MICHELLE ALDINGER and WILLIAM ALDINGER, JR., Plaintiffs V. RANJANA MULGUND and MALTESH MULGUND, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-07883 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this ?S_- day of October, 2012, 1 hereby certify that I have, on this date, served the within Plaintiffs' Answers to the Interrogatories of Defendants, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Joseph R. D'Annunzio, Esq. 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By: C, 0 Andrew C. Spears, sq. Attorney ID No. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs �y 2Fll3 JUL -2 All 8: CUMBERLAND COUNT',; PENNSYLVANIA Andrew C. Spears, Esquire Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Spears @hhrlaw.com MICHELLE ALDINGER and : IN THE COURT OF COMMON PLEAS WILLIAM ALDINGER, JR., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2010-07883 RANJANA MULGUND and : CIVIL ACTION - LAW MALTESH MULGUND, • • Defendants PRAECIPE TO: PROTHONOTARY OF CUMBERLAND COUNTY COURT: Please mark the above-captioned matter settled, discontinued and ended. HANDLER, HENNING & ROSENBERG, LLP Dated: 6/27/13 By: Andrew C. Spears, Esquire I.D. No.: 87737 Attorney for Plaintiffs • { Andrew C. Spears, Esq. Attorney ID#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Spears @hhrlaw.com MICHELLE ALDINGER and : IN THE COURT OF COMMON PLEAS WILLIAM ALDINGER, JR., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . • v. : NO. 2010-07883 RANJANA MULGUND and : CIVIL ACTION - LAW MALTESH MULGUND, . • Defendants . CERTIFICATE OF SERVICE On 6/28/2013, I hereby certify that a true and correct copy of Praecipe to Settle, Discontinue and End was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Joseph R. D'Annunzio, Esquire 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 Attorney for Defendants HANDLER, HENNING & ROSENBERG, LLP Andrew C. peas, Esquire I.D. No.: 87737 Attorney for Plaintiffs