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HomeMy WebLinkAbout11-3904OE THELPROTHONOTARY 2011 JUL I I PM 1: ?8 REBECCA JUGGINS,CUMBERLAND COU T IN THE COURT OF COMMON PLEAS PlaiptFOHSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-3904 CIVIL ACTION - LAW LEE HUEBNER, Defendant 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 800-990-9108 Richard . Freeburn, Esquire FREEBURN & HAMILTON, PC 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 I.D. #30965 Date: 07/08/11 Attorney for Plaintiff REBECCA JUGGINS, Plaintiff V. LEE HUEBNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3904 CIVIL ACTION - LAW NOTICE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR 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 S. Bedford Street Carlisle PA 17013 800-990-9108 i ? TG Ric and E. Freeburn, N' e FREEBURN & HAMILTON, PC 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 I.D. #30965 Date: 07/08/11 Attorney for Plaintiff Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freebum@pa-injurylawyer.com Attorney for Plaintiff REBECCA JUGGINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3904 V. CIVIL ACTION - LAW LEE HUEBNER, Defendant COMPLAINT AND NOW comes Plaintiff, Rebecca Juggins, by her attorneys, Freeburn & Hamilton, PC, and files the following Complaint: 1. Plaintiff, Rebecca Juggins, is an adult individual who resides at 1930 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Lee Huebner, is an adult individual who resides at 111 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about December 3, 2009, at approximately 7:18 p.m., at the intersection of South 10th Street and Lowther Street in Lemoyne, Cumberland County, Pennsylvania. 4. At or about that time and place, Plaintiff, Rebecca Juggins was operating her 2001 Dodge Caravan in a northbound direction on South 10th Street. 5. Plaintiff, Rebecca Juggins, had been the first vehicle stopped on South 10th Street for a red traffic signal controlling the intersection with Lowther Street. 6. When the traffic signal turned green, and Plaintiff proceeded into the intersection intending to go straight in a northbound direction. 7. At or about that time and place, Defendant, Lee Huebner, was operating her 2001 Chrysler PT Cruiser in a southbound direction on South 10th Street. 8. At or about that time and place, Defendant attempted to make a left-hand turn at the intersection with Lowther Street, and collided with Plaintiff's vehicle. 9. The foregoing accident and all of the injuries and damages set forth hereinafter suffered by Plaintiff, Rebecca Juggins, are the direct and proximate result of the negligent, gross negligence, careless, wanton and reckless manner in which Defendant, Lee Huebner, operated her motor vehicle as set forth above and as follows: a. In operating her vehicle at an excessive rate of speed under the circumstances; b. In failing to have her vehicle under proper and adequate control; C. In failing to apply her brakes in time to avoid the collision; d. In negligently applying her brakes; e. In failing to observe Plaintiffs vehicle on the highway; f. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; g. In causing or permitting or allowing her vehicle to strike and collide with the vehicle operated by Plaintiff; h. In failing to exercise the high degree of care required of a motorist entering and proceeding through an intersection; In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; j. In failing to properly observe traffic signals controlling Defendant's direction of travel; k. In failing to keep a reasonable look-out for other vehicles lawfully on the road; In attempting to enter an intersection when such movement could not be safely accomplished; M. In failing to yield the right-of-way to Plaintiff's vehicle; 2 n. In turning in such a manner as to endanger other vehicles on the highway; o. In failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; p. In failing to observe oncoming traffic; q. In proceeding into and through an intersection when such movement could not be made in safety; r. In failing to keep a proper lookout for approaching vehicles; S. In failing to yield the right-of-way to oncoming traffic; t. In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; U. In failing to provide proper warning; and v. In failing to keep vehicle within the proper lane. 10. Defendant's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, including 75 Pa.C.S. S3322, which is intended to protect persons lawfully on the highway such as Plaintiff, Rebecca Juggins, from personal injury, and thus constitutes negligence per se. 11. Plaintiff is entitled to recover non-economic damages because, among other reasons, -at the time of this accident, she was insured under an automobile insurance policy that provided the full tort option. 12. By reason of the aforesaid collision, Plaintiff suffered painful and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, neck, back, right arm and right wrist injuries. 13. By reason of the aforesaid collision and injuries, Plaintiff suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 3 14. The aforesaid collision and injuries suffered by Plaintiff may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 15. By reason of the aforesaid collision and injuries, Plaintiff has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health, and claim is made therefore. 16. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 17. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits she has lost and which she might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 18. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss or impairment of future earning capacity, and claim is made therefore. 19. By reason of the aforesaid collision and injuries, Plaintiff has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 20. By reason of the aforesaid collision and injuries, Plaintiff has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 21. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe humiliation, embarrassment, shame, worry and anger. 4 22. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 23. By reason of the aforesaid collision and injuries, Plaintiff will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 24. By reason of the aforesaid collision and injuries, Plaintiff has been deprived her enjoyment of the pleasures of life. 25. By reason of the aforesaid collision and injuries, Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 26. By reason of the aforesaid collision and injuries, Plaintiff has suffered a disfigurement, and claim is made therefore. WHEREFORE, Plaintiff, Rebecca Juggins, demands judgment in her favor and against Defendant, Lee Huebner, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON, PC By: --1-S Richard E. Free 're I.D. No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 07/08/11 Counsel for Plaintiff 5 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1-5-11 ecca Juggin CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of a Plaintiff's Complaint was duly served on the 8th day of July, 2011, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Shelly J. Smith, Esquire LAW OFFICES OF CHARLES J. DALY 1155 Business Center Drive, Ste. 160 Horsham PA 19044 BY: Georgiann . Hess, istant to Richard E. Freeburn, squire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 07/08/11 Attorney for Plaintiff TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. C') _rvia) SHELLY J. S ITH, ESQUIRE = M u.>r LAW OFFICE OF CHARLES J. DALY, ESQUIRE By: Shelly J. Smith, Esquire Attorney I.D. No. 90669= c7j 1155 Business Center Drive, Suite 160 Horsham, PA 19044 215.443.8901 h] C_. i~ N cra c.? 11 -0 215.443.8903 REBECCA JUGGINS Plaintiff V. LEE HUEBNER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Civil Action -Law : No. 11-3904 ANSWER OF DEFENDANT, LEE ANN HUEBNER, INCORRECTLY IDENTIFIED AS "LEE HUEBNER" WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, Lee Ann Huebner, incorrectly identified as "Lee Huebner," by and through her attorney, Shelly J. Smith, Esquire, hereby answers Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 1 and therefore denies same. r-11 f' LL F, 2. Admitted upon information and belief. 3. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 3 and therefore denies same. 4. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 4 and therefore denies same. 5. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 5 and therefore denies same. 6. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 6 and therefore denies same. 7. Admitted upon information and belief. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 8 and therefore denies same. 9. (a)-(v) Denied. Answering Defendant denies all allegations of negligence, carelessness and recklessness. Answering Defendant specifically denies all allegations of gross negligence and wantonness. This paragraph is denied as a conclusion of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof of all averments is demanded at the time of trial. 10. Denied. This paragraph is denied as a conclusion of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof of all averments is demanded at the time of trial. 11. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11 and therefore denies same. 12. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12 and therefore denies same. 13. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13 and therefore denies same. 14. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14 and therefore denies same. 15. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 15 and therefore denies same. 16. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 16 and therefore denies same. 17. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 17 and therefore denies same. 18. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 18 and therefore denies same. 19. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 19 and therefore denies same. 20. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 20 and therefore denies same. 21. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 21 and therefore denies same. 22. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 22 and therefore denies same. 23. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 23 and therefore denies same. 24. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 24 and therefore denies same. 25. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 25 and therefore denies same. 26. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 26 and therefore denies same. WHEREFORE, Answering Defendant demands that judgment be entered in her favor and against Plaintiff plus costs and expenses of suit. NEW MATTER 27. Plaintiff fails to state a claim for which relief can be granted. 28. The claims of Plaintiff are barred by the applicable statute of limitations. 29. The claims of Plaintiff are limited by the terms and provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 30. Some or all of Plaintiff's injuries were caused by prior accidents or incidents that pre-existed the incident of December 3, 2009. 31. The claims of Plaintiff are barred by the doctrine of the assumption of risk. 32. Plaintiff has selected, or is deemed to have selected the "limited tort option" and has not suffered serious bodily injuries. Plaintiff is barred from recovering non-economic damages. 33. Plaintiffs claims are limited and/or barred by the Pennsylvania Comparative Negligence Act. 34. Plaintiff has failed to mitigate her damages. BY: -,?" \ AMA SHELLY J ITH, ESQUIRE DATED: J-.21-11 VERIFICATION I, Lee Huebner, hereby state that the Answer with New Matter to Plaintiff s Complaint is true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 6LE!E-H-U E N E R -7/ Dated: 7?1 LAW OFFICE OF CHARLES J. DALY, ESQUIRE By: Shelly J. Smith, Esquire Attorney I.D. No. 90669 1155 Business Center Drive, Suite 160 Horsham, PA 19044 215.443.8901 215.443.8903 REBECCA JUGGINS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PA Civil Action - Law V. No. 11-3904 LEE HUEBNER : Defendant CERTIFICATE OF SERVICE I, Shelly J. Smith, Esquire, do hereby certify that I served a true and correct copy of Defendant's Answer with New Matter to Plaintiff's Complaint, in the above matter, upon counsel for the plaintiff, via first class mail postage prepaid, on the a 1 44 day of July, 2011 at: Richard E. Freeburn, Esquire Freeburn Hamilton 4415 North Front Street Harrisburg, Pa 17110 BY: ?Mia SHELLY . 'MITH, ESQUIRE 3 ' i?-OFFICE 0 F ku,1E Pf?0TH0N0TAR r Richard E. Freebum, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freebum@pa-injurylawyer.com 2011 AUG I I ISM I I : 13, CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff REBECCA JUGGINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3904 V. CIVIL ACTION - LAW LEE ANN HUEBNER, Defendant REPLY TO NEW MATTER AND NOW comes Plaintiff, Rebecca Juggins, by her attorneys, Freebum & Hamilton, PC, and files the following Reply to New Matter: 27. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specially denied. 28. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specially denied. 29. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specially denied. 30. It is specifically denied that Plaintiff's injuries were caused by prior accidents or incidents that pre-existed the incident of December 3, 2009. Plaintiff incorporates herein by reference thereto each and every allegation contained in her Complaint as though set forth in their entirety. 31. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specially denied. By way of further reply, Plaintiff specifically denies that she assumed the risk of her injury. 32. It is specifically denied that Plaintiff selected, or is deemed to have selected the "limited tort option" and/or that she has not suffered serious bodily injuries. Plaintiff specifically denies that she is barred from recovering non-economic damages. 33. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specially denied. By way of further reply, Plaintiff specifically denies that she was negligent and/or that her injuries were caused by any negligence on her part. 34. Plaintiff specifically denies that she failed to mitigate her damages. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter and enter judgment in her favor and against Defendant, Lee Huebner, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON, PC S By: Ri hard E. reebum, Esquire I.D. No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 08/09/11 Counsel for Plaintiff 2 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 8-q-11 ecca Juggin CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of a Plaintiff's Reply to New Matter was duly served on the 9th day of August, 2011, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Shelly J. Smith, Esquire LAW OFFICES OF CHARLES J. DALY 1155 Business Center Drive, Ste. 160 Horsham PA 19044 BY: e Georgian J. Hess, sistant to Richard E. Freeburn, squire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 08/09/11 Attorney for Plaintiff A-) P REBECCA JUGGINS, Plaintiff V. LEE ANN HUEBNER, Defendant r1a C= IN THE COURT OF COMMON PLE CUMBERLAND COUNTY, PENNSY NIOE NO. 11-3904 -r CIVIL ACTION - LAW -: . w - STIPULATION TO AMEND THE CAPTION TO CORRECT DEFENDANT'S NAME AND NOW, come the parties hereto by their respective counsel and stipulate to an amendment of the caption to correct Defendant's name to Lee Ann Huebner. Defendant consents to this amendment and agrees that this stipulation shall be sufficient for purposes of amending the caption. In addition, Defendant agrees that the filing of an amended complaint is not necessary, and that she will raise no objections or defenses based on or arising from any failure to properly name her in this action. All future pleadings shall reflect Defendant's corrected name. By: --? Richard E.7rge-burn, Esquire FREEBURN & HAMILTON, PC ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Counsel for Plaintiff By: -,?" ? I MA Shelly J. SrhitN, Esquire LAW OFFICES OF CHARLES J. DALY ID No. 90669 1155 Business Center Dr, Ste. 160 Horsham PA 19044 (215) 443-8901 Counsel for Defendant Dated: 08/15/11 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of a Stipulation to Amend the Caption to Correct Defendant's Name was duly served on the 15th day of August, 2011, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Shelly J. Smith, Esquire LAW OFFICES OF CHARLES J. DALY 1155 Business Center Drive, Ste. 160 Horsham PA 19044 BY: k04?' t-? ?4= JL4? Georgianne J. Hess, sistant to Richard E. Freebum, squire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 08/15/11 Attorney for Plaintiff REBECCA JUGGINS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PA Civil Action - Law V. No. 11-3904 LEE HUEBNER Defendant ORDER --/I AND NOW, this I q * day of r' ( a` , 2012, upon consideration of Defendant's Motion to Compel Plaintiff s Answers to Interrogatories and Request for Production of Documents, it is hereby ORDERED and DECREED that said Motion is GRANTED. Plaintiff, Rebecca Juggins shall respond to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order or shall suffer the imposition of sanctions as deemed appropriate upon further application to the Court. ^Jed 3 iq BY THE COURT: f Q Ae'l JUGGINS VS. HUEBNER COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PLAINTIFF/S DEFENDANT/S COURT OF COMMON PLEAS NO. 11-3904 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 1i3 ;I(0 ' E R L AI ND C0Uf?jI AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. 03292006 DATE: 4/26/12 SHELLY J. ITH, ESQ. ATTORNEY FOR DEFENDANT 11-1691 APA5050213 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUGGINS VS. HUEBNER PLAINTIFF/S ) DEFENDANT/S ) COURT OF COMMON PLEAS NO. 11-3904 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: RICHARD FREEBURN, ESQ. FREEBURN & HAMILTON 4415 N. FRONT ST. S-2ND FLOOR HARRISBURG PA 17110 ATTORNEY(S) FOR PLAINTIFF 03292006 12/12/25 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. HARRISBURG HOSPITAL RADIOLOGY DEPARTMENT DATE: 3/30/12 SHELLY J. SMITH, ESQ. LAW OFFICE OF CHARLES J. DALY 1155 BUSINESS CENTER DR. 5-160 HORSHAM PA 19044 ATTORNEY(S) FOR DEFENDANT N 03292006 12/25/12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUGGINS Vs. HUEBNER File No. TO: 111 S. FRONT ST. HARRISBURG PA 17101 SUBPOEN?gA TO PRODUCE DOCUMENTS OR THINGS MEDICAL?RRECOR-bSD?>;N`?"UANT TO RULE 4009.22 HARRISBURG HOSPITAL RADIOLOGY DEPARTMENT (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 RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: SHELLY J. SMITH, ESQ. NAME: _ ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY FOR ttFEND*NT BY THE COU$T: Date: S of Court Prothonotary, Civil Division Deputy Court of Common Pleas 11-3904 ISSUED ON 4/26/12 ADDENDUM TO SUBPOENA 03292006 NO. 11-3904 12/25/12 JUGGINS VS. HUEBNER ANY AND ALL FILM STUDIES PERTAINING TO REBECCA JUGGINS (1930 CARLISLE RD., CAMP HILL, PA, DOB 9/23/81, SSN XXX-XX-1764). 03282003 JUGGINS COMMONWEALTH OF PENNSYLVANIA - COUNTY OF CUMBERLAND 1 1? COURT OF COMMON PLEAt PLAINTIFF/S VS. HUEBNER DEFENDANT/S NO. 11-3904 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 4/26/12 f.A SHELLY J. MITH, ESQ. ATTORNEY F R DEFENDANT 11-1691 03282003 APA5050213 12/12/25 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUGGINS VS. HUEBNER PLAINTIFF/S COURT OF COMMON PLEAS NO. 11-3904 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: RICHARD FREEBURN, ESQ. FREEBURN & HAMILTON 4415 N. FRONT ST. S-2ND FLOOR HARRISBURG PA 17110 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. HARRISBURG HOSPITAL DR. ANNE C. KANTNER, M.D. UNIVERSITY PHYSICIAN GROUP ORTHOPEDIC INSTITUTE OF PENNSYLVANIA YORK HOSPITAL DATE: 3/29/12 SHELLY J. SMITH, ESQ. LAW OFFICE OF CHARLES J. DALY 1155 BUSINESS CENTER DR. S-160 HORSHAM PA 19044 ATTORNEY(S) FOR DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUGGIN S Vs. HUEBNER Court of Common Pleas 11-3904 File No. BX 03282003 12:/25/12 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS MED I FORRE SCCOVD R PUURNSUANT TO RULE 4009.22 CAL HARRISBURG HOSPITAL 111 S. FRONT ST. TO; HARRISBURG PA 17101 (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 RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a coot order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: SHELLY J. SMITH, ESQ. NAME: _ ADDRESS: TELEPHONE: FOR INFORMATION: SUPR]ENS COURT ID # ATTORNEY FOR Date: l'/oZ eal of the Court ISSUED ON 4/26/12 (215) 241-5858 BY THE COURT: ? I Prothonotary, Civil ivision Deputy NO. 11-3904 ADDENDUM TO SUBPOENA 03282003 12/25/12 JUGGINS VS. HUEBNER ALL HOSPITAL RECORDS, MICRO-FILM, EMERGENCY ROOM REPORTS, X-RAY REPORTS, OUT-PATIENT RECORDS, PHYSIOTHERAPY RECORDS, ALL NURSES NOTES, ALL HOSPITAL BILLS, PAID OR UNPAID AND ANY OTHER RECORDS IN YOUR POSSESSION OR CONTROL PRIOR OR SUBSEQUENT TO THE DATE OF ACCIDENT: 12/03/09, PERTAINING TO REBECCA JUGGINS (1930 CARLISLE ROAD, CAMP HILL, PA, DOB 09/23/81, SSN XXX-XX-1764) N 032 112/25/012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUGGIN S Court of Common Pleas Vs. 11-3904 File No. HUEBNER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. ANNE C. KANTNER, M.D. UNIVERSITY PHYSICIAN GROUP TO: 1711 N. FRONT ST. HARRISBURG PA 17102 (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 RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. at (Address) You may deliver or mail legtbk copies of the documents or produce things requested by this subpoena, together with the certificate of couphance, to the party malting this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the domtaents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: SHELLY J. SMITH, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: SUPREA2 COURT ID # ATTORNEY FOR Date: Seal of court ISSUED ON 4/26/12 (215) 241-5858 BY THE COIM Prothonotary, Civil Division ??Derputyy? NO. 11-3904 ADDENDUM TO SUBPOENA 03282003 12/25/12 JUGGINS VS. HUEBNER ALL RECORDS OF EXAMINATION AND TREATMENT RENDERED AT ANY TIME FOR ANY REASON, INCLUDING BUT NOT LIMITED TO HISTORY RECORDS, MEDICAL REPORTS, INSURANCE REPORTS, X-RAY REPORTS, NOTATION CARDS, MEMORANDA, ALL BILLS, PAID OR UNPAID AND ANY OTHER RECORDS WHATSOEVER IN YOUR POSSESSION OR CONTROL PERTAINING TO REBECCA JUGGINS (1930 CARLISLE ROAD, CAMP HILL, PA, DOB 09/23/81, SSN XXX-XX-1764) INCLUDING FILM STUDIES 'N 03282003 12/25/12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUG GIN S Vs. HUEBNER • Court of Common Pleas 11-3904 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF ORTHOPEDIC INSTITUTE OF PENNSYLVANIA 3399 TRINDLE RD. ' TO: CAMP HILL PA 17011 (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 RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party ma]-in this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: SHELLY J. SMITH, ESQ. NAME: _ ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTOP,NEY FOR Da:e , • c, f the Court ISSUED ON 4/26/12 BY THE COURM Prothonotary, Civil Division Deputy NO. 11-3904 ADDENDUM TO SUBPOENA 03282003 12/25/12 JUGGINS VS. HUEBNER ANY AND ALL CLINICAL OR DOCTOR'S RECORDS, NOTES, MEMORANDA, MEDICAL REPORTS, X-RAY REPORTS, INDEX CARDS, HISTORY NOTES AND RECORDS, MEDICAL BILLS, ANY AND ALL OTHER RECORDS AND REPORTS IN YOUR POSSESSION OR CONTROL RELATING TO THE EXAMINATION AND TREATMENT OF REBECCA JUGGINS (1930 CARLISLE ROAD, CAMP HILL, PA, DOB 09/23/81, SSN XXX-XX-1764) INCLUDING FILM STUDIES '3XN 0:3262003 IZ/25/12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUGGIN S Vs. HUEBNER • Court of Common Pleas 11-3904 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT - YORK HOSPITAL 1001 S. GEORGE ST. TO: YORK PA 17403-3676 (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 RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME SHELLY J. SMITH, ESQ. : ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY FOR. t7atr. - ~- • Scal • Court . _ ISSUED ON4/26/12 BY THE CO Prothonotary, Civil Division Deputy NO. 11-3904 ADDENDUM TO SUBPOENA 03282003 12/25/12 JUGGINS VS. HUEBNER ALL HOSPITAL RECORDS, MICRO-FILM, EMERGENCY ROOM REPORTS, X-RAY REPORTS, OUT-PATIENT RECORDS, PHYSIOTHERAPY RECORDS, ALL NURSES NOTES, ALL HOSPITAL BILLS, PAID OR UNPAID AND ANY OTHER RECORDS IN YOUR POSSESSION OR CONTROL PRIOR OR SUBSEQUENT TO THE DATE OF ACCIDENT: 12/03/09, PERTAINING TO REBECCA JUGGINS (1930 CARLISLE ROAD, CAMP HILL, PA, DOB 09/23/81, SSN XXX-XX-1764) INCLUDING FILM STUDIES THE LAW OFFICE OF CHARLES J. DALY,'ESQ. Attorney for D By: Michael Gould, Esquire FILED-OFFICE Lee Attorney ID: 76875 1155 Business Center Drive, Suite 160of THE ???(}µp?'?RY Horsham, PA 19044 2012 JUL t ? AM 11' Zl Phone: (215) 443-8901 Fax: (215) 443-8903 Cu tRSMV- pCOU"Ty o k REBECCA JUGGINS COURT OF COMMON PLEAS Plaintiff(s), ; CUMBERLAND COUNTY, PA V. ' NO. 11-3904 LEE HUEBNER Defendant(s). WITHDRAWAL OF APPEARANCE/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant, Lee Huebner, in the above- captioned matter. Respectfully submitted: THE LAW OFFICE OF CHARLES J. DALY, ESQ. By: Shelly J. ith, Esquire Attorney for Defendant(s), Lee Huebner TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Lee Huebner, in the above- captioned matter. Respectfully submitted: THE LAW OFFICE OF CHARLES J. DALY, ESQ. By: Michael P. Gould, Esquire Attorney for Defendant(s), Dated: July 16, 2012 Lee Huebner 46 THE LAW OFFICE OF CHARLES J. DALY, ESQ. Attorney for D By: Michael Gould, Esquire Lee Attorney ID: 76875 1155 Business Center Drive, Suite 160 Horsham, PA 19044 Phone: (215) 443-8901 Fax: (215) 443-8903 REBECCA JUGGINS : COURT OF COMMON PLEAS Plaintiff(s), ; CUMBERLAND COUNTY, PA V. : NO. 11-3904 LEE HUEBNER : JURY TRIAL DEMANDED Defendant(s). CERTIFICATE OF SERVICE I, Michael Gould, Esquire, counsel for defendants, do hereby certify that on the 16'' of July, 2012, I filed with the Court with the Court a Withdrawal of Appearance/Entry of Appearance and served a true and correct copy of the same via first class mail, postage prepaid upon the parties as follows: Richard E. Freeburn, Esquire Freeburn Hamilton 4415 North Front Street Harrisburg, PA 17110 Michael P. Gould Richard E. Freeburn, Esquire FREEBURN & HAMILTON, PC ID No. 30965 2040 Linglestown Rd., Ste. 300 Harrisburg PA 17110 (717) 671-1955 freeburn@pa-injurylawyer.com i(' OF >, 10111 SEP 1© p /r 23 CNP PENNSYLVANIA E NS yl VA NI A�` 7 } Attorney for Plaintiff REBECCA JUGGINS , Plaintiff v. LEE ANN HUEBNER, Defendant TO: Prothonotary : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-3904 : CIVIL ACTION - LAW PRAECIPE Kindly mark the above -captioned matter settled and discontinued. By: Respectfully submitted, FREEBURN & HAMILTON, PC Ricard E. Free.. , squire I.D. No. 30965 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Date: 09/09/14 Attorney for Plaintiff ft CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was duly served on the 9th day of September, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Michael P. Gould, Esquire LAW OFFICES OF CHARLES J. DALY 1155 Business Center Drive, Ste. 160 Horsham PA 19044 BY: Georgianne . Hess, Cistant to Richard E. Freeburn, squire Attorney I.D. #30965 FREEBURN & HAMILTON 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Dated: 09/09/14 Attorney for Plaintiff