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HomeMy WebLinkAbout11-721511 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JAMES J. GREEN, SR. and MARILYN B GREEN, husband and wife, Plaintiffs v. .?rt s" iLle TA c;GiMBER OD cOUN T E@diY?'JAh11A IN THE COURT F COMMON PLEAS CUMBERLAND OUNTY, PENNSYLVANIA ' NO. ? `,1 al 5 C tyl l CIVIL ACTION - W JURY TRIAL DEMANDED JOHN ANDREW LEEN, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to set forth in the following pages, you must take action within Complaint and Notice are served, by entering a written attorney and filing in writing with the Court your defenses or nd against the claims my (20) days after this ce personally or by 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 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 import?nt 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 TO FIND OUT WHERE YOU Cumberland County Bar Associatior 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 GET LEGAL HELP. Qr? a.p pd a CIS 1LPgU 04aGyy-?3 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JAMES J. GREEN, SR. and MARILYN B GREEN, husband and wife, Plaintiffs V. JOHN ANDREW LEEN, Defendant IN THE COURT i CUMBERLAND ( PENNSYLVANIA COMMON PLEAS UNTY, NO. CIVIL ACTION - JURY TRIAL DE DED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si estas demandas expuestas en las paginas siguientes, usted tiene % partir de la fecha de la demanda y la notificacion. Usted debe escrita o en persona o por abogado y archivar en la corte en forma objeciones a las demandas en contra de su persona. Sea avi quiere defenderse de (20) dias de plazo al una apariencia sus defensas o sus que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra'usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peti?ion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantesllpara usted. LEVE ESTA DEMANDA A UN ABOGADO IMMEDIATM41ENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA UYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SO PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Associatk 32 Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JAMES J. GREEN, SR. and MARILYN B GREEN, husband and wife, Plaintiffs V. IN THE COURT OF OMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. `I,-).L! ?. JOHN ANDREW LEEN, Defendant CIVIL ACTION - LA JURY TRIAL DEMA DED COMPLAINT AND NOW come the Plaintiffs, JAMES J. GREEN, SR. and LYN B. GREEN, husband and wife, by and through their attorneys, SHOLL?ENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. The Plaintiffs, JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, are adult individuals who currently reside at 2832 Fairviev Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, JOHN ANDREW LEEN, is an adult individual whose last known address is 707 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts and circumstances hereinafter set forth took 2009, at approximately 9:13 p.m., at or near the intersection of Rou Road) and Route 1013 (Sporting Hill Road), in Hampden Township County, Pennsylvania. 1 on October 2, 641 (Trindle Cumberland 4. At the aforesaid time and place, Plaintiff JAMES J. GREEN, SR., was the operator of a white 2010 Buick that was traveling eastbound on Route 641 (Trindle Road). 5. At the aforesaid time and place, the Defendant, JOHN A DREW LEEN, was the owner and operator of blue 1999 Buick that was also traveling eastbound on Route 641 (Trindle Road), behind the 2010 Buick operated by Plaintiff JAMES J. GREEN, SR. 6. At the aforesaid time and place, the Plaintiff stopped at a eastbound lane of Route 641 (Trindle Road) at its intersection with (Sporting Hill Road) in Hampden Township, Cumberland County, 7. At the aforesaid time and place, Defendant failed to stopped for the traffic signal in front of him and struck Plaintiff's ve 8. As a result of the aforesaid collision, Plaintiff has suffere permanent injuries, including but not limited to the following: (a) Head injury; (b) Head and facial lacerations, contusions and abrasion: (c) Neck injury with radiating pain; (d) Herniated disc at L5-S1; (e) Lumbar radiculopathy; (f) Lumbar spondylosis; (g) Lumbar stenosis; (h) Low back injury; signal in the 1013 nsylvania. Plaintiff's vehicle from behind. >erious and 2 (i) Post-traumatic subacromial bursitis; U) (k) (I) (m) 9 Aggravation of degenerative disc disease in cervical pine; Aggravation of degenerative disc disease in lumbar shine; Shock to the nerves and nervous system; and Mental and physical anguish. As a direct and proximate result of the aforesaid i J. GREEN, SR., has undergone and in the future will undergo g for which damages are claimed. 10. As a further result of the aforesaid injuries, Plainl SR., has sustained a permanent diminution in his ability to enjoy for which damages are claimed. , Plaintiff, JAMES pain and suffering JAMES J. GREEN, and life's pleasures 11. As a further result of this collision, Plaintiff, JAMES 0. GREEN, SR., has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Worke?s' Compensation or any program, group contract, or other arrangement for payment of enefits as defined in 75 Pa. C.S.A. Section 1719. 12. As a further result of the aforesaid injuries, Plaintiff,' JAMES J. GREEN, SR., has incurred or may hereinafter incur financial expenses and posses which exceed sums recoverable under the limitations and exclusions of the ?Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are clai 3 13. Plaintiff, JAMES J. GREEN, SR., was an insured on policy of commercial insurance issued to Allied Cleaning Technologies/Allied Products and Services by Penn National Insurance bearing policy number AU90031816, which was in effect on the date of the above referenced collision. A copy of the Declaration page of said policy is attached hereto and incorporated by reference herei6 as Exhibit "A." Therefore, Plaintiff, JAMES J. GREEN, SR., remains eligible to non economic loss and economic loss sustained in this collision pu tort law. COUNTI 5R. v. JO 14. Paragraphs 1 through 13 of Plaintiffs' Complaint by reference and made a part hereof as if set forth in full. 15. The aforesaid collision was a direct and proximate of Defendant, JOHN ANDREW LEEN, in operating the 1999 reckless and negligent manner as follows: a. Driving his motor vehicle in careless disre! persons or property in violation of Section 3714 of The PA. Motor compensation for to applicable N incorporated herein It of the negligence ick in a careless, for the safety of ;le Code; b. Driving at a speed greater than was reasonab a and prudent under the conditions and having regard to the actual and potential h zards then existing and/or at a speed greater than would have permitted him to bring his vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; c d In failing to have his vehicle under proper and Odequate control; In failing to apply the brakes in time to avoid tho collision; 4 e. In failing to observe Plaintiffs vehicle on the highway; f. In permitting or allowing his vehicle to strike and collide with the rear of the vehicle operated by the Plaintiff; g. In failing to drive at a speed and in the manne that would allow him to stop within the assured clear distance ahead; h. In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time. 16. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant, JOHN ANDRE LEEN, as set forth above and was due in no manner whatsoever to any act or failur to act on the part of the Plaintiff, JAMES J. GREEN, SR. WHEREFORE, Plaintiff, JAMES J. GREEN, SR., deco Defendant, JOHN ANDREW LEEN, for compensatory damages in amount requiring compulsory arbitration. COUNT II judgment against the an amount in excess of the 17. Paragraphs 1 through 16 of Plaintiffs' Complaint ar4 incorporated herein by reference and made a part hereof as if set forth in full. 18. As a further result of injuries sustained by he husband, Plaintiff, MARILYN B. GREEN, has been and will be deprived of the assist 'nce, companionship, consortium and society of her husband, all of which has been an? will be to her great detriment and loss. 5 WHEREFORE, Plaintiff, MARILYN B. GREEN, dema Defendant, JOHN ANDREW LEEN, for compensatory damages in of the amount requiring compulsory arbitration. Respectfully sub judgment against an amount in excess SHOLLENBERGEF & JANUZZI, LLP BY: hz WWI J."Janu i, Esquire orney for Plaintiffs t225 65575 Millen 'ium Way Enola, PA 1 025 717-728-32 0 Dated: September 1? , 2011 6 09!01/•2011 1:25 7172416366 CARLISLE INSURANCE S' PAGE 01;'02 ?Qi t)ECL.ARATIONS J PENN Nstp NAL BUSINESS AUTO C VERAGE FORM RENEWAL DECLARATION * EFIECTIVE 06/01/0 tr-nn'nna Ft %jo nRnnM r i tuacn PAaUdy ?tl1lnl IAnmmnal Gll c w fpInnulnnrnnny cnmrw y R I E N E W A L 05 P O L I C Y A U 9 0 6 31 816 n P.O. 04m ami • IInIAeUnra•?A ITIM (717(904.4041 COVERAGE IS PROVIDED N THE AGENCY P poLICY PERIOD To POLICY NUMBEFI FROM PA NATIONAL MUTUAL C S INS CO 122529007 AU9 0631816 06/01/09 06/01/10 NAMED INSURED AND ADDRESS AGENCY SALLIED CLEANING TECHNOLOGIES CARLISLE INS SER 1 VALLEY ST STEI 101 -'{ ALLIED PRODUCTS AND SERVICES CARLISLE PA ( 17013 47 FAIRVIEW RD NEW CUMBERLAND PA 17070 POLICY PERIOD: POLICY COVERS FFIOM: 12:01 A.M. Standard Time at your malting address shown above. FORM OF BUSINESS: C O R P O R A T I O N AND SUBJ CY HE TERMS OFT , CT TO IN RETURN L E ( IS POLICY, WE AGREE I THIS PO STATED N AS OVIDE THE INSURANCE T? PR WITH YOU j CHEDULE OF COVERAGES AND COVERED AUTOS one "i„ Aetos" am 9how ln r as e covcharge ered I nutoo'N for a wIc Ulermcocolumn below, risch of ver coverage by he entry ofthese Polk ThIs p ° d "a l, autos- ill the COVERFD r morecofNthe symboleonly from f e uto % shown shown a c n AUTO Smatlon of the Btlslnesa Autos Coverage Form next to the name of the coverage. COVERED LIMIT PREMIUM C01/E?tAGE5 AUTOS TNEE MOST WE WILL PAY POP ANY ONE ACC IDENT OR LOSS LIABILITY (CSQ 07 08 09 S 1 , 000, 000 $ 4,065 S BODILY INJURY (SPLIT LIMITS) S $ S PROPERTY DAMAGE PERSONAL INJURY PROTECTION $ SEPARATELY STATED IN EACH P.I.P. ENDORSEMENT S S 306 (or equivalent No-fault coverage) 07 MINUS $ DED. " I N C L hr n uivalnnl eadnd Nn-rcvn ADDED P-1- - (n n n M 07 SEPARATELY STATED IN EACH ADDED P.I.P. ENDOR t Nl ? Nl • ;:. l S AUTO MEDICAL PAYMENTS $ J- `'J ' SEPARATELY STATtO IN sACN McRICAL IE1>pr;N§E Am INCOME Lill S ntlllff'fS ;1mnnRsEM@NT MEDICAL EXPENSE AND INCOME LOSS MEDICAL FXPPP19E VENFFITS PACII PE RSON I BENEFITS (Virginia Only) INCOME LOSS 8OFFITS t " TAclhfql ON $ 248 UNINSURED MOTORIST (CSL) 07 SEE SCHEDULE - • l $ UNINSURED MOTORIST BI(SPLIT LIMITS) . UNINSURED MOTORIST Pb $ I (f S $ 523 UNDERINSURED MOTORIST 07 SEE SCHEDULE SEE ITEM THREE FOR DEDUCTIBLE FOR EACH COVERED ACTUAL CASH COMPREHENSIVE 07 08 AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED B FIRE OR LIGH INO VALUE OR COST OF REPAIR $ 492 WHICHEVER C3 Q SEE ITEM THREE FOR DEDUCTIBLE FOR EACH COVERED IS LESS MINUS SPECIFIED CAUSES OF LOSS AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM DELI, FOR EACH S ED AUTO H COVERED AUTO $ 1 664 COLLISION F7 0 8 COVER SEE ITEM THREE FOR. DED. FOR EAC , t " ' Is d S For Each Disablement Of A Private Passenger o Au TOWING AND LABOR 94R S THIS POLICY P OVID'S CU ERILGE FOR CULLIS UN I MAGE " "IS 7594.00 TO RENTAL VEHICLES, SUBJECT JECT TO POLICY CONDITIONS." t SEE ATTACHED FORMS SCHEDULE, FORM 71-1084 NOT APPLICABLE IN KANSAS § This policy may be subject to final audit. Countersigned By - - - - - - - - 09i'01/2011 12:25 ?172416366 CARLISLE INSURANCE SI PAGE 02/'02 POLICY NUMBER FROM po1•icv PER ou to COVERAGE IS PROVIDED N THE AGENCY P AUP 0631816 06/01/09 06/01/10 PA NATIONAL- MUTUAL C S INS CO J 122529007 m SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND ? MR. ?REMIUMS. ..1, ?,Ny. LIABILITY COVERAGE ^ DATING BASIS, COST OF HIRE STATE ESTIMATED COST OF HIRE RATES PER EACH $100 FACTOR (If Ileblllty PREMIUM FOR EACH STATE COST OF HIRE leverage Is prlmery) PA 1,000 1.068 $ 88 TOTAL ITEM FOUR LIABILITY PREMIUM $ 88 Cost of hire means the total amount you Incur for the hire of 11auto4" you don't own (not Includi "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for se rvices performed by motor carriers of property or passengers. PHYSICAL DAM AGE INSURANCE LIMIT OF INSURANCE - THE MOST WE WILL PAY fiATIMATkP ANNIIAt RATE PER ND EACH $too TIMA MINIMUM PREMIUM COVERAGES - - of HI DEDUCTIBLE COST ANNUAL COST OF PREMIUM IRE ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS LESS, MINUS $ 1 0 0 DED. FOR EACH COVERED COMPREHENSIVE AUTO. BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED by 1000 $ 361 $ 34 S 34 FIRE OR LIGHTNING. SPECIFIED ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS CAUSES OF LESS, MINUS $ DED. FOP EACH COVERED $ $ $ LOSS AUTO POP LOSS CAUSED 8Y MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS COLLISION LESS, MINUS $ 500 DED. FOR EACH COVERED 1000 S .536 S $ 0 AUTO. TOTAL. ITEM FOUR PHYSICAL DAMAGE PREMIUM S 34 Physical Damage coverage for covered "autos" you hire or borrow IS primary over any other valid and collectlble insurance. 1 ?CHEDULE FOR NON-OWNERSHIP LIABILITY 0 3, .1, NAMED INSURED'S BUSINESS RATING BASIS NUMBER PREMIUM Other Than A Number Of Employees: 10 $ 72 ? Social Service Agency Number Of Partners: S Number Of Employees: $ Social Service Agency Number Of Volunteers- TOTAL PREMIUM ITEM FIV $ 2 * * * NOTICE * * ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY I,SURANCE COMPANY OR OTHER PERSON PILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS K R THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS S CH PERSON TO CRIMINAL AND CIVIL PENALTIES, ISSUE DATE 05/01/09 VERIFICATION I, Jams J. Green, Sr. , hereby acknowledge that I am ' Plaintiff in this action and that I have read the Camp I a i nt and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authoriti 's. S Date: 9/14/11 G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SET-UPS)Werification.wpd SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 : FAX(717)728-3200 r r UJC?.? ,O1H1? ???`..IU !!iA,3ERLAKD COUIKT?' NNSYL`l ANI A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs vs. JOHN ANDREW LEEN, Defendant I HEREBY CERTIFY TH RU AND CORRECT C THE WIT N WAS MA O ALL COUNSEL RECORD THIS 3RD DAY OF OCTOB, R, 2011. ISSUE: PRAECIPE FOR APPEARANCE Filed on behalf of Defendant, John Andrew Leen Counsel of Record: Louis C. Schmitt, Jr., Esquire PA I.D. #52459 McINTYRE, HARTYE, SCHMITT & SOSNOWSKI P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 JURY TRIAL DEMANDED Attorneys for Naf ied Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs vs. JOHN ANDREW LEEN, Defendant : JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: PROTHONOTARY Enter my Appearance on behalf of defendant, JOHN ANDREW LEEN. Papers may be served at the address t forth below. Attorneys for Defenoatt McINTY , HARTYE. SCHMITT & OWSKI Louis C. Schmitt, Jr., Esquire PA I . D. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 PH: (814) 696-3581 FAX: (814) 696-9399 Date: October 3, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor C,kFF C'F. ;c -HF "-rRiFF i 1 C.ti1 2- L9 AEI c-l r1~ j i? James J. Green, Sr. Case Number vs. John Andrew Leen 2011-7215 SHERIFF'S RETURN OF SERVICE 10/25/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: John Andrew Leen, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant John Andrew Leen. Request for service at 707 S. Market Street, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. Current tenant advised Deputies, John Andrew Leen was the previous tenant. SHERIFF COST: $43.44 SO ANSWERS, October 25, 2011 RON R ANDERSON, SHERIFF (oi Goo-y'Suite Snenff Te!eosoft. Inc. I SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JAMES J. GREEN, SR. and MARILYN B GREEN, husband and wife, Plaintiffs V. JOHN ANDREW LEEN, Defendant T OFFICE 2011 DEC 27 PH 2: 37 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS C MBERLAND COUNTY, PENNSYLVANIA NO. 11-7215 CIVIL ACTION - LAW JYRY TRIAL DEMANDED PLAINTIFFS' ANSWER TO N W MATTER OF DEFENDANT AND NOW come the Plaintiffs, JAMES J GREEN, SR. and MARILYN B. GREEN, husband and wife, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers the New Matter of Defendant John Andrew Leen as follows: 19. The allegations set forth in paragroph 19 of the Defendants New Matter are conclusions of law which require no Oesponsive pleading. By way of further answer, it is the Plaintiffs' position that all defenses asserted by the defense must be asserted with specificity, otherwise any such defenses are waived. WHEREFORE, Plaintiffs, JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, respectfully request Your Honorable Court strike the New Matter of Defendant and enter judgment in their favor. Respectfully submitted, SHOLLENBFR13ER & JANUZZI, LLP By: Date: 12117-1 11 Kar . Januzzi, Esquire A rney I.D. No. 65575 2225 Millennium Way Enola, PA 17025 717-728-3200 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JAMES J. GREEN, SR. and MARILYN B GREEN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN ANDREW LEEN, Defendant NO. 11-7215 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANT AND NOW this 22-day of December, 2011, 1 hereby certify that I have served a true and correct copy of Plaintiff's Reply to New Matter of Defendant by United States mail, postage prepaid, addressed to: Louis C. Schmidt, Jr. Esq. McIntyre, Hartye, Schmitt & Sosnowski P.O. Box 533 Hollidaysburg, PA 16648 Respectfully Submitted, SHOLLENBEF,QER & JANUZZI, LLP By: 'Jhnuzzi, Esq., ev for Plaintiffs J yG12 AA PI E 9 PM 1: 04 C'UMBE.RLAND COUNTY IN THE COURT OF COMMON PLEAcF6N1§W WkND CIVIL ACTION - LAW COUNTY, PENNSYLVANIA JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs ISSUE: NOTICE OF SERVICE OF ANSWERS TO PLAINTIFFS' vs. INTERROGATORIES AND RESPONSE TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT, DATED February 22, 2012 JOHN ANDREW LEEN, Defendant Filed on behalf of Defendant, John Andrew Leen Counsel of Record: Louis C. Schmitt, Jr., Esquire PA I. D. #52459 McINTYRE, HARTYE, SCHMITT & SOSNOWSKI P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 JURY TRIAL DEMANDED I HEREBY CERT:DUNSffL- Y THAT A TRU CORRECT COPY OF THE N AS MA16ED TO ALL OF R CORD THIS 16`" DAY OF APRIL, for Naliied Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs vs. JOHN ANDREW LEEN, Defendant : JURY TRIAL DEMANDED NOTICE OF SERVICE OF ANSWERS TO PLAINTIFFS' INTERROGATORIES AND RESPONSE TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT - DATED February 22, 2012 TO: PROTHONOTARY You are hereby notified that on the 16T" day of April, 2012, Defendant, John Andrew Leen served Answers to Plaintiffs' Interrogatories and Response to Plaintiffs' Request for Production of Documents Directed to Plaintiffs, Dated February 22, 2012, by mailing the original of same via First Class U.S. Mail, postage prepaid, addressed to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for H Louis 9 ,-Schmitt, Jr., Esquire P . No. 52459 15. 0. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 a I* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs : ISSUE: MOTION TO COMPEL vs. JOHN ANDREW LEEN, Defendant Filed on behalf of Defendant, John Andrew Leen Counsel of Record: Louis C. Schmitt, Jr., Esquire PA I. D. #52459 McINTYRE, HARTYE, SCHMITT & SOSNOWSKI P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 JURY TRIAL DEMANDED I HEREBY CERTIFY TH TR AND CORRECT COPY E WIT N WAS MAILED TO OUNSEL O RECORD Y OF JULY, 20 2. Attorneys for Namec?Defendant • h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, Plaintiffs vs. JOHN ANDREW LEEN, Defendant No 11 - 7215 Civil . `3: rnca m C_ C= , Cn © 3'c-' .d f' JURY TRIAL DEMANDED MOTION TO COMPEL AND NOW, comes defendant John Andrew Leen, by and through his attorneys, McIntyre, Hartye, Schmitt & Sosnowski, and respectfully requests that this Honorable Court order the plaintiffs to within thirty days file full, complete, and responsive answers to defendant's outstanding discovery requests, saying as follows: 1. This lawsuit arises out of a motor vehicle accident that occurred on October 2, 2009 at approximately 9:13 p.m., at or near the intersection of Route 641 (Trindle Road) and Route 1013 (Sporting Hill Road), in Hampden Township, Cumberland County, Pennsylvania. Plaintiffs' Complaint alleges that at that time and place, defendant John Andrew Leen was operating a 1999 Buick eastbound on Route 641 (Trindle Road), when the defendant failed to notice the plaintiffs' vehicle stopped for a traffic signal in front of him, and struck the plaintiffs' vehicle from behind, allegedly causing personal injuries to husband-plaintiff James J. Green, Sr. Marilyn B. Green has filed a claim for loss of consortium. 2. On December 16, 2011, the defendant served Interrogatories and a Request for Production of Documents upon the plaintiffs. (See defendant's t Interrogatories and Request for Production of Documents, attached hereto as Exhibit "A".) To date, the plaintiffs have failed and/or refused to respond in any manner whatsoever to defendant's long-outstanding discovery requests, in violation of the Pennsylvania Rules of Civil Procedure applicable to discovery. 3. The information and documentation sought by way of defendant's discovery requests are vital to the ongoing evaluation and defense of this matter. To the extent the defendant is deprived of responses to his outstanding discovery requests, he is irremediably prejudiced. 4. No Judge of this Honorable Court has ruled upon any other issue in the same or a related matter to the within Motion. 5. Pursuant to C.C.R.P. 208.2(d), counsel for the defendant in writing inquired as to whether counsel for the plaintiffs would concur in the granting of the within Motion. (See June 5, 2012 correspondence from Louis C. Schmitt, Jr., Esquire to Carl J. Januzzi, Esquire, attached hereto as Exhibit "B".) To date, there has been no response from plaintiffs' counsel to defense counsel's request for concurrence. WHEREFORE, defendant John Andrew Leen respectfully requests that this Honorable Court order the plaintiffs to within thirty (30) days file full, complete, and responsive answers to defendant's outstanding discovery requests. Respectfully subm McINTYRE, HARTYE, SCHMITT & SOSNOWSKI Attorney for LOUIS C. SCHMITT, ESQUIRE PA ID. No. 52459 P. O. Box 533 Hotlidays g, PA 16648 6-3581 (814) 696-9399 - FAX EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs vs. JOHN ANDREW LEEN, Defendant : JURY TRIAL DEMANDED INTERROGATORIES DIRECTED TO PLAINTIFFS - DATED DECEMBER 16 2011 AND NOW, comes Defendant, John Andrew Lee, by his attorneys, McINTYRE, HARTYE, SCHMITT & SOSNOWKSI, and pursuant to the Pennsylvania Rules of Civil Procedure propounds the following Interrogatories to be answered by Plaintiffs, James J. Green, Sr. and Marilyn B. Green, within thirty (30) days after service hereof: INSTRUCTIONS AND DEFINITIONS A. When used herein, the term "Plaintiff(s)", "you" or "your" means the Plaintiff(s) to whom these Interrogatories are directed, his/her employees, officers, representatives, agents and attorneys, or any other persons working for Plaintiff(s). B. If additional space is required in order to give complete answers, attach additional pages to the pages containing the corresponding Interrogatory. C. If you are unable to answer any Interrogatory completely, so state, answer to the extent possible, set forth the reasons for your inability to answer more fully, and state whatever knowledge or information you have concerning the unanswered portion. D. If you object to any Interrogatory herein, or any subparagraph or subpart of any Interrogatory, on the claim of privilege (attorney-client communications, work product or any other alleged privilege), for each such claim state: (1) the date and place of the communication; (2) the identity of each person who was present at or who participated in such communication; (3) the type of communication; (4) the general subject matter of the communication; (5) the Interrogatory seeking the communication; and (6) the privilege claimed. E. "And" or "or" shall be construed conjunctively or disjunctively as necessary to make the Interrogatory inclusive rather than exclusive. F. As used herein, words written in the singular include the plural and vice versa, words written in the masculine include the feminine and vice versa, and words written in the present tense include the past and future and vice versa. G. These Interrogatories shall be deemed continuing in nature so as to require you to file supplemental answers should you obtain, directly or indirectly, additional or different information of the nature sought herein. H. Each Interrogatory is intended to, and does, request that each and every particular and part thereof be answered with the same force and effect as if each part in particular were the subject of and were asked by a separate Interrogatory. The term "document" as used herein is defined to include any and all manner of written, typed, reproduced, filmed, recorded or computer-stored material, and all photographs, pictures, plans or other representations or any kind or anything pertaining, describing, referring or relating, directly or indirectly, in whole or in part, to the subject matter of each paragraph or part of these Interrogatories, and the term includes, without limitation: (1) papers, records, books, journals, ledgers, accounts, statements, memoranda, reports, invoices, worksheets, workpapers, notes, transcriptions of notes, letters correspondence, communications, abstracts, checks, diagrams, plans, blueprints, specifications, pictures, drawings, films, photographs, graphic representations, diaries, calendars, desk calendars, pocket calendars, lists, logs, publications, advertisements, press releases, instructions, minutes, orders, bills, purchase orders, messages, resumes, summaries, forecasts, graphs, charts, appraisals, analytical records, consultants' reports, brochures, pamphlets, circulars, trade letters, agreements, contracts, letters of intent, telegraphs, telexes, cables, recordings, audio tapes, magnetic tapes, visual tapes, transcriptions of tapes or recordings, computer tapes and cards or any other writings or tangible things on which any handwriting, typing, printing, audio, visual, photographic, or other forms of communication or information are recorded or reproduced, as well as all notations on the foregoing; (2) originals and all other copies not absolutely identical; and (3) all drafts (whether typed, handwritten or otherwise) made or prepared in connection with any document. For the purposes of the foregoing, "drafts" means any earlier part of a document whether or not such draft was superseded by a later draft or versions, and whether or not the terms of the draft are the same or different from the terms of the final document. "Identity" or "the identity of when used in connection with a natural person, means to state the full name, present business address, present home address, and the business capacity of that person during the time period that person was involved in the communications or events, or had knowledge or information of the facts, described in answer to these Interrogatories. K. "Identify" or "the identity of when used in connection with documents, means to state, in a form adequate for specific demand for production, information including the author(s), address(es), subject matter, date, custodian and location. Documents to be identified shall include documents in your possession, custody or control wherever located and other documents of which you or your representatives, subsidiaries or affiliates have knowledge. Please note that any and all information obtained via these discovery requests shall be used and maintained pursuant to the requirements of the Health Insurance Portability and Accountability Act, otherwise known as HIPAA. INTERROGATORIES 1. For each Plaintiff(s), please set forth the following information: (a) full name; (b) present address; (c) address as of the date of the accident giving rise to Plaintiff('s/s') Complaint; (d) date of birth; (e) social security number; (f) educational background; (g) any other names under which you have been known; (h) your date and place of birth; (i) your present marital status, and if married indicate when and where the marriage ceremony was performed; (j) Have you ever been divorced? If so, list for each divorce, the date of the divorce, and the number and term of the case in which the divorce was granted; (k) If you have been divorced, indicate the present name and present address of your former spouse; (1) Indicate whether you have ever been arrested, indicted or convicted of a felony or crime, and offense or a misdemeanor; (m) If your response to the preceding subparagraph is in the affirmative, please set forth in detail the circumstances of your arrest, indictment and/or conviction. ANSWER: 2. Please state whether the plaintiff is a current Medicare beneficiary, and if so, his/her health insurance claim number (HICN) and the date that eligibility began. ANSWER: 3. Please state whether the plaintiff has applied for or is covered by social security disability insurance, and if so: (a) The date of application; (b) The status of the claim; (c) The date coverage was denied, if applicable, and (1) The reason for the denial; (2) Whether the denial was appealed; (3) The status of any such appeal and the date it was filed; and (4) Whether the denial of benefits has been reversed. ANSWER: 4. If the government has awarded the plaintiff social security disability benefits, please set forth the following: (a) The date of the award; (b) The beginning date of coverage; (c) The period for which benefits were awarded; (d) The injury claim that resulted in the award; and (e) The date the injury occurred for which the benefits were awarded. ANSWER: 5. If the plaintiff is deceased, please state whether any accident-related medical bills were submitted to or paid by Medicare. ANSWER: 6. Please provide specific information about each and every accident- related physical injury, including whether the plaintiff continues to undergo treatment and any final diagnoses or prognoses for each injury. ANSWER: 7. Please state whether the plaintiff suffers from any form of kidney disease, and if so, the type of disease, date of diagnosis, current treatment plan for the disease, and prognosis. ANSWER: 8. Please state whether the plaintiff has end-stage renal disease, and if so, the date of diagnosis, current treatment plan for the disease, prognosis, and the status of all Medicare applications as the result of the diagnosis. ANSWER: 9. Please identify any other individuals besides legal counsel that you have consulted with respect to your answers to these Interrogatories. ANSWER: 10. Please identify by name and address any other individuals whom you know to have direct knowledge or any facts relevant to this case. ANSWER: 11. If you have any knowledge of any statements of any parties in this case, please set forth: (a) to whom the statement was made; (b) from whom the statement was made; (c) the date of any such statement; (d) the substance of any such statement; (e) the exact location of such statements, if written, and the custodians thereof. ANSWER: 12. If you have ever been a party to any litigation other than this case, please set forth the following with respect to each such litigation: (a) the name and address of the Court in which the case was filed; (b) the identities of the parties in the case; (c) the date the case was filed; (d) the outcome of the case. ANSWER: 13. If you have ever made any claim for bodily injury other than this case, please set forth the following with respect to each such claim: (a) the date the claim was made; (b) the nature of the claim; (c) the name and address of any insurance company; (d) the outcome of the claim. ANSWER: 14. If any person and/or entity has conducted an investigation of the facts underlying this lawsuit on behalf of the Plaintiff(s), please: (a) identify each person or entity conducting or participating in such investigation, and describe what each person or entity did in connection therewith; (b) state the date and location of any such investigation; (c) identify all documents prepared in connection with or as a result of such investigation and attach copies of all such documents to these answers; (d) identify the exact location of the originals of any such documents and the custodian thereof. ANSWER: 15. Identify all persons known to Plaintiff(s) who may have knowledge of any discoverable matter relating to this lawsuit, who are not identified by way of answers to any other Interrogatories. ANSWER: 16. At what precise time of day did the accident complained of in the Plaintiff('s/s') Complaint occur? ANSWER: 17. To the Plaintiff('s/'s) knowledge, what were the lighting conditions at the time and place of the accident set forth in the Complaint? ANSWER: 18. Has/Have the Plaintiff(s), or anyone acting on his/her/their behalf, obtained any report, statement memoranda or testimony concerning the accident involved in this cause of action? If so, state: (a) identify each such report, statement, memoranda or testimony as to date obtained and author; (b) attach a copy to each such report, statement, memoranda or testimony. ANSWER: 19. Is/Are the Plaintiff(s) or any representative of the Plaintiff(s) in possession of any photographs of persons, objects or any other matters or things involved in the occurrence of the accident which is the subject matter of Plaintiff(`s/s') Complaint? ANSWER: 20. If the Plaintiff('s/s') answer to the preceding Interrogatory is in the affirmative, please state: (a) the date when such photographs were taken; (b) the name and address of the person taking subject photographs; (c) the objects or subjects depicted in each such photograph; and (d) please attach photocopies of each such photograph to your answers to these Interrogatories. /_l:l+'31N4z; 21. Does/Do the Plaintiff(s) contend that he/she/they has/have suffered physical injuries as a result of the accident giving rise to Plaintiff('s/s') Complaint? ANSWER: 22. If Plaintiff('s/s') answer to the preceding Interrogatory is in the affirmative, please describe those physical injuries which the Plaintiff(s) has/have suffered with specificity and in detail, setting forth as follows: (a) the nature of the injury; (b) the date and time when the injury occurred; and (c) the manner in which the injury occurred. ANSWER: 23. With respect to the accident giving rise to Plaintiff('s/s') Complaint, please describe, with specificity and in detail, the exact manner in which said accident occurred; please include in your response the following: (a) the exact location of the occurrence; (b) the events immediately preceding the occurrence; (c) the events of the occurrence itself; (d) the events immediately following the occurrence. ANSWER: 24. Please state whether the Plaintiff(s) has/have made a complete recovery from the alleged injuries giving rise to Plaintiff('s/s') Complaint. ANSWER: 25. If the Plaintiff(s) has/have not made a complete recovery from the alleged injuries giving rise to Plaintiff('s/s') Complaint, state the nature of any residual injuries alleged to exist, and state the names and office addresses of any doctor or other practitioner of the healing arts from whom Plaintiff(s) is/are presently receiving treatment, and outline the nature of any such treatment. ANSWER: 26. Please set forth the names and office addresses of any and all doctors or other practitioners of the healing arts who have attended, treated, examined or consulted with Plaintiff(s) as a result of the alleged injuries giving rise to Plaintiff('s/s') Complaint; please also include the addresses of any and all hospitals or clinics where the Plaintiff(s) was/were treated subsequent to the accident giving rise to Plaintiff('s/s') Complaint. ANSWER: 27. For each doctor or other practitioner of the healing arts listed in your answers to these Interrogatories, state the exact dates of treatment, examination or consultation, the nature of the treatment, examination or consultation, and the amount charged for the treatment, examination or consultation. ANSWER: 28. With respect to each hospital, clinic or other facility mentioned in your answers to these Interrogatories, please state the following: (a) the date of each attendance, treatment, examination or confinement; (b) the reason for each attendance, treatment examination or confinement. ANSWER: 29. Was/Were the Plaintiff(s) involved in any accident or incident within a period of ten (10) years immediately prior to the accident giving rise to Plaintiff(`s/s') Complaint? ANSWER: 30. If your answer to the preceding Interrogatory is in the affirmative, please state: (a) the date of each accident or incident; (b) the location of each accident or incident; (c) whether any injuries were received as a result of the accident or incident; (d) the name of any other practitioner or party involved in the accident or incident; (e) the names and addresses of the doctors or other practitioners of the healing arts by whom you were attended, examined, treated or consulted with respect to said injuries; (f) the names and addresses of any hospitals, clinics or other institutions or facilities engaged in the healing arts in which you were confined, examined, treated or observed, and the dates of such confinement, examination, treatment or observation; (g) the name and address of any party against whom a claim was made or a lawsuit filed to recover for the injuries alleged to have been received in the accident or incident. ANSWER: 31. Have you been involved in any accident or incident subsequent to the accident giving rise to Plaintiff(`s/s') Complaint? ANSWER: 32. If your answer to the preceding Interrogatory is in the affirmative, please state: (a) the date of each accident or incident; (b) the location of each accident or incident; (c) whether any injuries were received as a result of the accident or incident; (d) the name of any other practitioner or party involved in the accident or indent; (e) the names and addresses of the doctors or other practitioners of the healing arts by whom you were attended examined, treated or consulted with respect to said injuries; (f) the names and addresses of any hospitals, clinics or other institutions or facilities engaged in the healing arts in which you were confined, examined, treated or observed, and the dates of such confinement, examination, treatment or observation; (g) the name and address of any party against whom a claim was made or a lawsuit filed to recover for the injuries alleged to have been received in the accident or incident. ANSWER: A 4 33. To the extent that you have not already done so, please set forth each and every condition, injury and/or illness suffered by Plaintiff(s) during his/her/their lifetime prior to the accident giving rise to Plaintiff('s/s') Complaint, which directly or indirectly involved those parts of her body identified in Plaintiff('s/s') Complaint; please provide the following specific information: (a) the date of onset or occurrence; (b) the exact body parts involved; (c) a specific description of the condition, illness or injury; (d) the name and present address of each doctor or other practitioner of the healing arts who examined, treated, attended or consulted with you; (e) the name and address of any hospital, clinic or other facility at which you were treated, admitted, observed, or attended. ANSWER: 34. To the extent Plaintiff(s) has/have not already done so, please set forth the names and present addresses of each doctor or other practitioner of the healing arts who has examined, treated, attended or consulted with Plaintiff(s) for any reason during the ten (10) years prior to the accident giving rise to Plaintiff('s/s') Complaint. ANSWER: 35. To the extent Plaintiff(s) has/have not already done so, please set forth the names and addresses of all hospital, clinics or other facilities where Plaintiff(s) has/have been examined, treated, attended or confined for any reason during the ten (10) years prior to the accident giving rise to Plaintiff('s/s') Complaint. ANSWER: 36. To the extent Plaintiff(s) has/have not already done so, please set forth the names and addresses of all hospitals, clinics or other facilities where Plaintiff(s) has/have been examined, treated, attended or confined for any reason since the accident giving rise to Plaintiff('s/s') Complaint. ANSWER: 04 37. Please set forth an itemized list of all losses, expenses, medical bills, hospital bills and any other items of special damage that Plaintiff(s) allege(s) have been incurred as a result of the accident giving rise to Plaintiff('s/s') Complaint. ANSWER: 38. For each healthcare provider, provide the amount actually paid and accepted as full payment for the medical services provided. ANSWER: 39. Other than the injuries set forth in Plaintiff('s/s') Complaint, does/do the Plaintiff(s) contend that Plaintiff(s) has/have suffered any additional bodily injuries? If so, please describe each additional bodily injury with specificity and in detail. ANSWER: 40. Please state the names, ages and relationships to you of all persons currently residing with you. ANSWER: 4 41. Please state the names, ages and relationships to you of all persons residing with you as of the date of the accident giving rise to Plaintiff('s/s') Complaint. ANSWER: 42. If Plaintiff(s) was/were ever rejected for service with the Armed Services of the United States or a National Guard Unit because of physical disability, please state the nature of the physical disability which caused the rejection and the date of said rejection. ANSWER: 43. Did the Plaintiff(s) suffer from any physical impairments or disabilities at the time of the accident giving rise to Plaintiff('s/s') Complaint? ANSWER: 44. If the answer to the preceding Interrogatory is in the affirmative, please set forth with specificity and in detail the nature of each such physical impairment or disability. ANSWER: 45. Was/Were the Plaintiff(s) employed at the time of the accident giving rise to Plaintiff('s/s') Complaint? ANSWER: 46. If the answer to the preceding Interrogatory is in the affirmative, please state the following: (a) the nature of your occupation; (b) the name and address of your employer; (c) the duration of your employment prior to the alleged injuries or damages giving rise to this lawsuit; (d) the duration of your employment subsequent to the alleged injuries or damages giving rise to this lawsuit; (e) your rate of earnings per hour, day and month at the time of the alleged injuries or damages giving rise to this lawsuit; (f) if your employment has been terminated, state the reason for said termination; (g) if time was lost from your employment as a result of the accident giving rise to Plaintiff(s/s') Complaint, state the date when time was lost and the amount of earnings lost for each date. ANSWER: 47. Has/Have the Plaintiff(s) been employed anywhere other than as listed in the answer to the preceding Interrogatory since the date of the accident giving rise to Plaintiff('s/s') Complaint? ANSWER: 48. If the answer to the preceding Interrogatory is in the affirmative, please state the following for each employment: (a) the nature of your occupation; (b) the name and address of your employer; (c) the duration of your employment prior to the alleged injuries or damages giving rise to this lawsuit; (d) the duration of your employment subsequent to the alleged injuries or damages giving rise to this lawsuit; (e) your rate of earnings per hour, day and month at the time of the alleged injuries or damages giving rise to this lawsuit; (f) if your employment has been terminated, state the reason for said termination; (g) if time was lost from your employment as a result of the accident giving rise to Plaintiff('s/s') Complaint, state the date when time was lost and the amount of earnings lost for each date. ANSWER: 49. Were any x-rays or other radiographic studies taken of any part of the Plaintiff('s/s') body(ies) as a result of the accident giving rise to Plaintiff('s/s') Complaint? ANSWER: 50. If the answer to the preceding Interrogatory is in the affirmative, please indicate when such x-rays were taken, where they were taken, by whom, and indicate further the exact cost of said x-rays, stating, if appropriate, the exact cost of each separate set of x-rays. ANSWER: 51. Were any x-rays or other radiographic studies taken of any part of Plaintiff('s/s') body(ies) prior to the accident giving rise to Plaintiff('s/s') Complaint, or, in addition to the x-rays and/or other radiographic studies listed in answers to preceding Interrogatories, subsequent to the accident giving rise to Plaintiff('s/s') Complaint? ANSWER: 52. If the answer to any part of the preceding Interrogatory is in the affirmative, please set forth when such studies were done, where they were taken, by whom, and indicate further the specific parts of the Plaintiff('s/s') body(ies) which were studied. ANSWER: 53. Please set forth the name and business address of all individuals and/or entities currently in possession of any x-rays or other radiographic studies. ANSWER: 54. List all public collateral sources of compensation or benefits paid to date or to be paid in the future as a result of the accident giving rise to Plaintiff('s/s') Complaint. For each source of benefits, please state: (a) the periods of time during which such payments were received; (b) the exact nature of the public collateral sources of compensation under which payments were received; (c) the name and address of the payor; (d) the basis or reason for the payment; (e) the amount of the payment; (f) identify all documents which support the basis or reason for the payments and the amount of the payments. ANSWER: 55. Please set forth, with specificity and in detail, the amount of money Plaintiff(s) will be required to expend for medical treatment in the future, relating to the injuries allegedly sustained as a result of the accident giving rise to Plaintiff('s/s') Complaint. ANSWER: 56. Please set forth, with specificity and in detail, how Plaintiff('s/s') earning power and earnings have been impaired or lost as a result of the accident giving rise to Plaintiff('s/s') Complaint. ANSWER: 57. Has/Have Plaintiff(s) filed income tax returns for the past five (5) years? ANSWER: 58. State the yearly income of the Plaintiff(s) for the five (5) years preceding the accident giving rise to Plaintiff('s/s') Complaint, and for each complete year since the accident. ANSWER: 59. Please state whether Plaintiff(s) had medical insurance or other similar type coverage which would provide payment for medical bills, lost wage or any other expenses incurred by the Plaintiff(s) as a result of the accident giving rise to Plaintiff('s/s') Complaint. ANSWER: 60. If the answer to any part of the preceding Interrogatory is in the affirmative, please set forth the following: (a) the name and address of each such provider of insurance or other benefits; (b) the amount of benefits provided for each medical bill incurred or wage loss claimed; (c) whether the Plaintiff(s) has/have been placed on notice of any subrogation with respect to any such payments. ANSWER: 61. With regard to the accident giving rise to Plaintiff('s/s') Complaint, please set forth the following with specificity and in detail: (a) the conditions of the roadway at the scene of the accident; (b) the weather conditions at the time and place of the accident; (c) the flow of traffic at the time and place of the accident; (d) the distance at which you had a clear view when approaching the scene of the accident; (e) the movements and speed involved in the operation of the Plaintiff('s/s') vehicle immediately preceding the accident; (f) any action undertaken by you in an attempt to avoid the accident; and (g) whether you applied your brakes immediately prior to the accident. If brakes were applied, please set forth the distance in feet from the point of the accident when brakes were first applied by you. ANSWER: 62. Has/Have Plaintiff(s) ever had his/her/their driver's license suspended, canceled or revoked? If so, please state: (a) the state in which the driver's license was suspended, canceled or revoked, and the license number; (b) the date of suspension, cancellation or revocation; and (c) the reason for the suspension, cancellation or revocation. ANSWER: 63. Has/Have Plaintiff(s) ever been convicted or paid any fine resulting from an offense or infraction involving negligence, carelessness, recklessness or intoxication while operating a motor vehicle? ANSWER: 64. If your response to the preceding Interrogatory is in the affirmative, please state: (a) the date of each such offense or infraction; (b) the place where each such offense or infraction occurred; (c) the circumstance surrounding each such offense or infraction. ANSWER: 65. Does/Do Plaintiff(s) wear corrective lenses? If so, was he/she/they wearing them at the time of the accident giving rise to Plaintiff('s/s') Complaint? ANSWER: 66. Did Plaintiff(s) consume any alcoholic beverages of any type, or any sedative, tranquilizer or other drug, medicine or pill during the 48 hours immediately preceding the accident giving rise to Plaintiff('s/s') Complaint? If so, please state the nature, amount, and type of item consumed along with the amount over which it was consumed. ANSWER: 67. Please execute the attached authorization allowing your employer to release your employment records. If you are unwilling to execute said authorization, please set forth with specificity and in detail the reasons for your refusal to do so. ANSWER: 68. Please state whether Plaintiff(s) had elected the limited tort option with regard to her automobile insurance. ANSWER: 69. Please state the name and business address of Plaintiff('s/s') family physician as of the date of the accident. ANSWER: 70. Were you referred to any doctor or practitioner of health care science, including the doctors and healthcare providers that you have identified as providing you with treatment or with whom you have an appointment or intent to make an appointment, by your attorney in this case or any attorney? If so, please identify the date of any such referral, the attorney making the referral, and the individual to whom the referral was made. ANSWER: 71. Were you referred to your attorney or any attorney by any of the doctors or healthcare professionals who have treated you or from whom you have sought treatment? If so, state the names and addresses of all doctors and attorneys and identify the condition for which you were treating or for which you were referred. ANSWER: 72. State whether you have been told by any healthcare provider that your currently alleged injuries are related to any condition which you had prior to the incident which forms the basis for this lawsuit. ANSWER: 73. If the answer to the preceding Interrogatory is in the affirmative, please provide the following information: (a) the name of the healthcare provider rendering such opinion; (b) the office address of such healthcare provider; (c) a brief description of the substance of the healthcare provider's opinion relating your injuries to the prior condition. ANSWER: 74. State whether you have been told by any healthcare provider that your currently alleged injuries are not related to the incident which forms the basis of this lawsuit. ANSWER: 75. If the answer to the preceding Interrogatory is in the affirmative, please list the following information: (a) the name of the healthcare provider rendering such opinions; (b) the office address of the healthcare provider; (c) a brief description of the substance of the healthcare provider's opinion regarding the cause of your injury/condition. ANSWER: 76. Did the Plaintiff(s) have any special or unusual skills, talents or abilities? If so, describe the same. ANSWER: 77. Did the Plaintiff(s) have any occupational training or experience or skill? If so, describe the same. ANSWER: 78. Did Plaintiff(s) ever serve in the U.S. military? If so, state the branch of service, serial/service number, place enlisted, the dates of service and the circumstances of discharge. ANSWER: 79. For ten (10) years immediately preceding the date of injury out of which this lawsuit arises, please state: (a) the names and addresses of each of the employers of Plaintiff(s); (b) the date of commencement and termination of each such employment; (c) description of the services or work performed for each employment; (d) the place(s) of employment for each employer; (e) for each employer, whether a physical examination was required, and if so, state the date, place and person giving the physical examination and the result of such an examination; (f) will you attach copies of such examination reports to the Answers to Interrogatories? ANSWER: 80. Had Plaintiff(s) ever at any time made a claim for or received any health or accident insurance benefits, Workers' Compensation payments, disability benefits, pensions, accident compensation payments or veterans' disability compensation awards? If so, for each state: (a) the circumstances under which the benefits or awards or payments were received; (b) the illness, injury or injuries for which the benefits or awards or payments were received; (c) the names and addresses of Plaintiff(`s/s') employer or employers at the time of each injury or illness; (d) the insurance companies who paid the awards; (e) the name and address of the Referee or Hearing Officer who handled such claim. ANSWER: 81. Is/Are Plaintiff(s) now receiving, or has/have Plaintiff(s) ever received any disability pension, income or insurance, or any Workers' Compensation from any agency, company, person, corporation, state government, and, if so, state: (a) the nature of any such payment; (b) dates he/she/they received such income; (c) by whom it was paid; and (d) if Plaintiff(s) received any Social Security Disability Benefits or Workers' Compensation Benefits, please provide all records pertaining to same. In lieu of producing the records, Plaintiff(s) may execute the appropriate attached authorizations. ANSWER: 82. Please state whether Plaintiff(s) has/have ever made a claim against any person or organization for damages for personal injuries or property damage and further state: (a) the name of such person or organization; (b) the date and place of the accident or occurrence out of which such claim arose; (c) the nature of the claim; (d) the name of the judicial or administrative tribunal, if any, in which such claim was prosecuted and the case or proceeding number; and (e) the disposition of the claim. If settled or resolved by a verdict or award, set forth the particulars thereof. ANSWER: 83. At the time of the alleged incident, was/were the Plaintiff(s) subject to any illness, injury, impairment, disease, physical infirmity, sensory infirmity or motor infirmity, and/or other medical conditions which may have preexisted the date of the claimed injury. THIS IS A REQUEST FOR A COMPLETE MEDICAL HISTORY OF THE PLAINTIFF(S) CONCERNING ANY SUCH INFIRMITY, ETC. (a) If so, describe such infirmity, etc.; (b) set forth whether this was due to any accident and if so, set forth the date and place of same; (c) give the name, address and field of specialization of any medical doctor, osteopath or chiropractor who treated Plaintiff(s) for such infirmity, etc.; (d) please give the name and address of each hospital which the Plaintiff(s) was a patient for treatment for the above. Specify inclusive dates of hospitalization and patient's identification number (usually patient's Social Security Number) and the physical or mental condition giving rise to hospitalization on each separate occasion; (e) please attach a copy of all medical records, notes, charts, reports, bills and/or any other documents which relate to the above- described infirmities and treatments. (Plaintiff(s) may execute the medical authorizations which are attached, in lieu of producing these documents.) ANSWER: 84. At the time of Plaintiff(`s/s') injury, was/were Plaintiff(s) under any medication? If so, state what medication, the dosage, and by whom such medication was prescribed. ANSWER: 85. Please state what items of special or compensatory damages are claimed in this action. In answering this Interrogatory, itemize all hospital bills, medical bills, loss of earnings, past, present and future, etc. In answering this Interrogatory also please set forth as to loss of earnings the method of computing such loss including the dates that Plaintiff(s) contend(s) he/she/they was/were unable to perform his/her/their work. ANSWER: 86. State whether you received your full or partial salary or income during the period of alleged disability. If so, state dates and amounts. ANSWER: 87. Did Plaintiff(s) sustain any financial losses as a result of the accident/occurrence, other than those covered by the previous two Interrogatories? If so, state in detail the nature, dates and amounts of such additional loses. If claim is made for nursing service or household help, state the name and address of each such person, the period of employment and amount actually paid to such person(s). ANSWER: 88. Set forth how each item in the above answer relates to Plaintiff('s/s') claim. Please attach a copy of all medical records, notes, charts, reports, bills and/or any other documents which relate to the above-described infirmities and treatments. (Plaintiff(s) may execute the medical authorizations which are attached in lieu of producing these documents.) ANSWER: 89. Please state whether Plaintiff(s) is/are currently treating with any physician, chiropractor, hospital, and/or any other medical institution for injuries and/or damages allegedly sustained as a result of the claimed accident. ANSWER: 90. If the answer to Interrogatory No. 81 above is in the affirmative, please state: (a) the name and address of the physician, chiropractor, hospital or other medical institute; (b) the date or dates on which such treatment was rendered; (c) the nature of the treatments; (d) whether or not Plaintiff(s) has in his/her/their possession any medical records, reports, notes, charts, x-rays and/or any other documentation which was generated by said medical treatments; (e) please attach a copy of all medical records, notes, charts, x-rays and/or any other documents which relate to the above-described treatments and infirmities. (Plaintiff(s) may execute the medical authorizations which are attached in lieu of producing these documents.) ANSWER: 91. Please state whether Plaintiff(s) is/are currently treating with any physician, chiropractor, hospital, and/or any other medical institution for any condition. ANSWER: 92. If the answer to Interrogatory No. 84 above is in the affirmative, please state: (a) the name and address of the physician, chiropractor, hospital or other medical institute; (b) the date or dates on which such treatment was rendered; (c) the nature of the treatments; (d) whether or not Plaintiff(s) has/have in his/her/their possession any medical records, reports, notes, charts, x-rays and/or any other documentation which was generated by said medical treatments; (e) please attach a copy of all medical records, notes, charts, x-rays and/or any other documents which relate to the above-described treatments and infirmities. (Plaintiff(s) may execute the medical authorizations which are attached in lieu of producing these documents.) ANSWER: 93. Please state whether or not Plaintiff(s) is/are having continued medical problems as a result of the claimed accident. ANSWER: 94. If the answer to Interrogatory No. 86 is in the affirmative, please state the following: (a) the nature and extent of said medical problems; (b) whether these medical problems prevent Plaintiff(s) from carrying out his/her/their day-to-day activities; (c) how Plaintiff('s/s') day-to-day life/lives is/are affected by said medical problems; (d) whether said medical problems are functional or cosmetic (scarring); (e) whether Plaintiff(s) anticipate(s) any further medical treatment as a result of said medical problems. ANSWER: 95. State when, where and by whom the Plaintiff(s) was/were last examined or given medical attention for injuries as a result of the claimed accident/occurrence. ANSWER: 96. State how long you were ill or disabled as a result of the claimed accident/occurrence and whether or not such illness or disability interfered with your normal employment or activities. ANSWER: 97. Has/Have Plaintiff(s) suffered any injuries, illness, disease, impairment, infirmity or abnormality of any kind prior to the claimed accident/occurrence, or after the claimed accident/occurrence, involving any part or function of the body claimed in this suit to have been injured? If so: (a) describe such infirmity, etc.; (b) set forth whether this was due to any accident and if so, set forth the date and place of same; (c) give the name, address and field of specialization of any medical doctor, osteopath or chiropractor who treated Plaintiff(s) for such infirmity, etc.; (d) please give the name and address of each hospital which the Plaintiff(s) was a patient for treatment for the above. Specify inclusive dates of hospitalization and patient's identification number (usually patient's Social Security Number) and the physical or mental condition giving rise to hospitalization or each separate occasion; (e) please attach a copy of all medical records, notes, charts, reports, bills and/or any other documents which relate to the above- described infirmities and treatments. (Plaintiff(s) may execute the medical authorizations which are attached, in lieu of producing these documents.) UI TA*; 98. Please state the name and present address of each person Plaintiff(s) expects to call as an expert witness at the trial of this case. ANSWER: 99. As to each person named in answer to the preceding Interrogatory, have that person state and sign in answer to this Interrogatory: (a) the substance of each fact to which she is expected to testify; (b) the substance of each opinion to which she is expected to testify; (c) the grounds for each opinion; (d) attach any and all reports rendered by any such expert witness. ANSWER: 100. Please state whether plaintiff(s) belong(s) to any social networking computer sites. ANSWER: 101. If the answer to the preceding interrogatory is in the affirmative, please set forth the following with regard to each social network and computer site: (a) The name of the site; (b) The internet designation/address of each and every site; (c) Plaintiff('s)(s') user name with regard to each site; (d) Plaintiff('s)(s') login name with regard to each site; (e) Plaintiff('s)(s') password with regard to each site. Respectfully submitted, McINTYRE, HARTYE, SCHMITT & SOSNOWSKI cl?a ? • ? C?vrwvbf. Attorneys for Defendant LOUIS C. SCHMITT, JR., ESQUIRE PA I.D. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 AUTHORIZATION TO RELEASE HEALTH CARE INFORMATION PATIENT'S NAME: James J. Green, Sr. ADDRESS: I hereby authorize DATE OF BIRTH: SOCIAL SECURITY NO.: File No. PG 407 NH Health Care Provider To release to: McIntyre, Hartve, Schmitt & Sosnowski, Post Office Box 533, Hollidaysburg, PA 16648-0533 (Name and Address of Person or Agency) The following medical and/or psychiatric information which may include drug and alcohol abuse treatment information and/or HIV related information from the medical records pertaining to my treatment or hospitalization during: (Date of Treatment) I understand that my express consent is required to release any health care information relating to testing/diagnosis, and/or treatment for HIV (AIDS Virus), sexually transmitted diseases, psychiatric disorders/mental health, or drug and/or alcohol use. If I have been tested, diagnosed, or treated for HIV (AIDS Virus), sexually transmitted diseases, psychiatric disorders/mental health, or drug and/or alcohol use, you are specifically authorized to release all health care information relating to such diagnosis, testing, or treatment. This authorization permits redisclosure of information received from other providers. The specific and relative information I wish released is: All hospital records (including nurses records and progress notes) Transcribed hospital records Clinician office chart notes Medical records needed for continuity Dental Records Most recent five-year history Physical Therapy Records Laboratory Reports Emergency and urgency care notes Pathology reports Billing Statements X-rays, MRI's, CT Scans All reports Other: These records are required for the specific purpose of: litigation. I UNDERSTAND THAT EXCEPT FOR CERTAIN CIRCUMSTANCES COVERED BY U.S. AND PENNSYLVANIA LAWS, A PERSON OR ORGANIZATION THAT RECEIVES THIS INFORMATION BECAUSE OF THIS AUTHORIZATION MAY HAVE THE LEGAL RIGHT TO DISCLOSE THIS INFORMATION TO OTHER PEOPLE/ORGANIZATIONS WITHOUT MY KNOWLEDGE AND CONSENT A photostatic copy is as valid as an original. I understand that I may revoke this authorization (except to the extent that action has been taken in reliance thereon) at any time by written, dated communication. This consent will expire on (Not to exceed 90 days) I have read and understand the nature of this release. Signature of Witness Signature of parent or guardian if under the age or legally declared incompetent Signature of Patient Date of authorizing signature The signature of two (2) witnesses is needed if the patient is physically unable to sign but has given his/her verbal consent. Signature of witness and Signature of witness A copy of this authorization form has been 0 accepted ? rejected by the client/patient. AUTHORIZATION FOR INSURANCE RECORDS DATE: FILE NO.: PG 407 NH FROM: McIntyre, Hartye, Schmitt & Sosnowski, Attorneys at Law, P.O. Box 533, Hollidaysburg, PA 16648-0533 To - Insurance Company: Claim No. (if known): Please furnish to McIntyre, Hartye, Schmitt & Sosnowski, or their representatives, information records as you may have in regard to first-party benefits claim made by James J. Green, Sr., SOCIAL SECURITY NUMBER _, pertaining to an automobile accident on This form also constitutes authority for you to produce and make complete photostatic copies of all such records, and to forward the same by mail to the above-mentioned Law Office. I understand that these documents may contain medical and/or psychiatric information which may include drug and alcohol abuse treatment information and/or HIV related information. I further understand that my expressed consent is required to release any healthcare information relating to testing, diagnosis, and/or treatment for HIV (AIDS virus), sexually transmitted diseases, psychiatric disorders/mental health, or drug and/or alcohol use. If I have been tested, diagnosed, or treated for HIV (AIDS virus), sexually transmitted diseases, psychiatric disorders/mental health, or drug and/or alcohol use, you are specifically authorized to release all healthcare information relating to such diagnosis, testing or treatment. These records are required for the specific purpose of litigation. I understand that I may revoke this authorization (except to the extent that action has been take in reliance thereon) at any time by written, dated communication. This consent will expire on Not to Exceed 90 Days I have read and understood the nature of this release. WITNESS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF James J. Green, Sr. ss: Personally subscribed and acknowledged before me this day of , 20_, to be the true and correct signature of the above-named party. NOTARY PUBLIC A copy of this authorization form has been accepted by the client/patient. AUTHORIZATION FOR EMPLOYMENT RECORDS DATE: FILE NO.: PG 407 NH FROM: McIntyre, Hartye, Schmitt & Sosnowski, Attorneys at Law, P.O. Box 533, Hollidaysburg, PA 16648-0533 TO: Employer: Please furnish to McIntyre, Hartye, Schmitt & Sosnowski, or their representatives, such information as you may have in regard to the Personnel File of James J. Green, Sr., SOCIAL SECURITY NUMBER including but not limited to employment status, wage information, disciplinary action, medical and/or psychiatric testing. This form also constitutes authority for you to produce and make complete photostatic copies of all such records, and to forward the same by mail to the above-mentioned Law Office. I understand that these documents may contain medical and/or psychiatric information which may include drug and alcohol abuse treatment information and/or HIV related information. I further understand that my expressed consent is required to release any healthcare information relating to testing, diagnosis, and/or treatment for HIV (AIDS virus), sexually transmitted diseases, psychiatric disorders/mental health, or drug and/or alcohol use. If I have been tested, diagnosed, or treated for HIV (AIDS virus), sexually transmitted diseases, psychiatric disorders/mental health, or drug and/or alcohol use, you are specifically authorized to release all healthcare information relating to such diagnosis, testing or treatment. These records are required for the specific purpose of litigation. I understand that I may revoke this authorization (except to the extent that action has been take in reliance thereon) at any time by written, dated communication. This consent will expire on Not to Exceed 90 Days I have read and understood the nature of this release. WITNESS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF X ss: Personally subscribed and acknowledged before me this true and correct signature of the above-named party. James J. Green, Sr. day of NOTARY PUBLIC 20_, to be the A copy of this authorization form has been accepted by the client/patient. Form 4506 Request for Copy of Tax Return (Rev. January 2010) OMB No. 1545-0429 Department of the Treasury I ? Request may be rejected if the form is incomplete or illegible. Internal Revenue Service Tip. You may be able to get your tax return or return information from other sources. If you had your tax return completed by a paid preparer, they should be able to provide you a copy of the return. The IRS can provide a Tax Return Transcript for many returns free of charge. The transcript provides most of the line entries from the original tax return and usually contains the information that a third party (such as a mortgage company) requires. See Form 4506-T, Request for Transcript of Tax Return, or you can call 1-800-829-1040 to order a transcript. la Name shown on tax return. If a joint return, enter the name shown first. I 1 b First social security number on tax return or employer identification number (see instructions) 2a If a joint return, enter spouse's name shown on tax return. 2b Second social security number if joint tax return 3 Current name, address (including apt., room, or suite no.), city, state, and ZIP code 4 Previous address shown on the last return filed if different from line 3 5 If the tax return is to be mailed to a third party (such as a mortgage company), enter the third party's name, address, and telephone number. The IRS has no control over what the third party does with the tax return. Caution. If the tax return is being mailed to a third party, ensure that you have filled in line 6 and line 7 before signing. Sign and date the form once you have filled in these lines. Completing these steps helps to protect your privacy. 6 Tax return requested. Form 1040, 1120, 941, etc. and all attachments as originally submitted to the IRS, including Form(s) W-2, schedules, or amended returns. Copies of Forms 1040, 1040A, and 1040EZ are generally available for 7 years from filing before they are destroyed by law. Other returns may be available for a longer period of time. Enter only one return number. If you need more than one type of return, you must complete another Form 4506. ? Note. If the copies must be certified for court or administrative proceedings, check here ? 7 Year or period requested. Enter the ending date of the year or period, using the mm/dd/yyyy format. If you are requesting more than eight years or periods, you must attach another Form 4506. 8 Fee. There is a $57 fee for each return requested. Full payment must be included with your request or it will be rejected. Make your check or money order payable to "United States Treasury." Enter your SSN or EIN and "Form 4506 request" on your check or money order. a Cost for each return . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57.00 b Number of returns requested on line 7 . . . . . . . . . . . . . . . . . . . . . . c Total cost. Multiply line 8a by line 8b $ 9 If we cannot find the tax return, we will refund the fee. If the refund should go to the third party listed on line 5 check here ? Signature of taxpayer(s). I declare that I am either the taxpayer whose name is shown on line la or 2a, or a person authorized to obtain the tax return requested. If the request applies to a joint return, either husband or wife must sign. If signed by a corporate officer, partner, guardian, tax matters partner, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that I have the authority to execute Form 4506 on behalf of the taxpayer. Note. For tax returns being sent to a third party, this form must be received within 120 days of signature date. Telephone number of taxpayer on line 1 a or 2a ' Signature (see instructions) I Date Sign Here ' Title (if line la above is a corporation, partnership, estate, or trust) ' Spouse's signature I Date For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 41721 E Form 4506 (Rev. 1-2010) Form 4506 (Rev. 1-2010) General Instructions Section references are to the Internal Revenue Code. Purpose of form. Use Form 4506 to request a copy of your tax return. You can also designate a third party to receive the tax return. See line 5. How long will it take? It may take up to 60 calendar days for us to process your request. Tip. Use Form 4506-T, Request for Transcript of Tax Return, to request tax return transcripts, tax account information, W-2 information, 1099 information, verification of non-filing, and record of account. Automated transcript request. You can call 1-800-829-1040 to order a transcript through the automated self-help system. Follow prompts for "questions about your tax account" to order a tax return transcript. Where to file. Attach payment and mail Form 4506 to the address below for the state you lived in, or the state your business was in, when that return was filed. There are two address charts: one for individual returns (Form 1040 series) and one for all other returns. If you are requesting a return for more than one year and the chart below shows two different RAIVS teams, send your request to the team based on the address of your most recent return. Chart for individual returns (Form 1040 series) If you filed an Mail to the individual return "Internal Revenue and lived in: Service" at: Florida, Georgia, RAIVS Team North Carolina, P.O. Box 47-421 South Carolina Stop 91 Doraville, GA 30362 Alabama, Kentucky, Louisiana, Mississippi, RAIVS Team Tennessee, Texas, a Stop 6716 AUSC foreign country, or A.P.O. or F.P.O. Austin, TX 73301 address Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Montana, RAIVS Team Nebraska, Nevada, Stop 37106 New Mexico, North Fresno, CA 93888 Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming Arkansas, Connecticut, Delaware, District of Columbia, Maine, Maryland, RAIVS Team Massachusetts, Stop 6705 P-6 Missouri, New Kansas City, MO Hampshire, New 64999 Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia Chart for all other returns If you lived in Mail to the or your business "Internal Revenue was in: Service" at: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Mississippi, RAIVS Team Missouri, Montana, Box 9941 P O Nebraska, Nevada, . . Mail Stop 6734 New Mexico, North Dakota, Ogden, UT 84409 Oklahoma, Oregon, South Dakota, Tennessee, Texas, Utah, Washington, Wyoming, a foreign country, or A.P.O. or F.P.O. address Connecticut, Delaware, District of Columbia, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, RAIVS Team Michigan, New P.O. Box 145500 Hampshire, New Stop 2800 F Jersey, New York, Cincinnati, OH 45250 North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia, Wisconsin Specific Instructions Line ib. Enter your employer identification number (EIN) if you are requesting a copy of a business return. Otherwise, enter the first social security number (SSN) shown on the return. For example, if you are requesting Form 1040 that includes Schedule C (Form 1040), enter your SSN. Signature and date. Form 4506 must be signed and dated by the taxpayer listed on line 1 a or 2a. If you completed line 5 requesting the return be sent to a third party, the IRS must receive Form 4506 within 120 days of the date signed by the taxpayer or it will be rejected. Individuals. Copies of jointly filed tax returns may be furnished to either spouse. Only one signature is required. Sign Form 4506 exactly as your name appeared on the original return. If you changed your name, also sign your current name. Corporations. Generally, Form 4506 can be signed by: (1) an officer having legal authority to bind the corporation, (2) any person designated by the board of directors or other governing body, or (3) any officer or employee on written request by any principal officer and attested to by the secretary or other officer. 2 Partnerships. Generally, Form 4506 can be signed by any person who was a member of the partnership during any part of the tax period requested on line 7. Ali others. See section 6103(e) if the taxpayer has died, is insolvent, is a dissolved corporation, or if a trustee, guardian, executor, receiver, or administrator is acting for the taxpayer. Documentation. For entities other than individuals, you must attach the authorization document. For example, this could be the letter from the principal officer authorizing an employee of the corporation or the Letters Testamentary authorizing an individual to act for an estate. Signature by a representative. A representative can sign Form 4506 for a taxpayer only if this authority has been specifically delegated to the representative on Form 2848, line 5. Form 2848 showing the delegation must be attached to Form 4506. Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to establish your right to gain access to the requested return(s) under the Internal Revenue Code. We need this information to properly identify the retum(s) and respond to your request. Sections 6103 and 6109 require you to provide this information, including your SSN or EIN, to process your request. If you do not provide this information, we may not be able to process your request. Providing false or fraudulent information may subject you to penalties. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation, and cities, states, and the District of Columbia for use in administering their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file Form 4506 will vary depending on individual circumstances. The estimated average time is: Learning about the law or the form, 10 min.; Preparing the form, 16 min.; and Copying, assembling, and sending the form to the IRS, 20 min. If you have comments concerning the accuracy of these time estimates or suggestions for making Form 4506 simpler, we would be happy to hear from you. You can write to Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send the form to this address. Instead, see Where to file on this page. Form 4506' 1 Request for Transcript of Tax Return (Rev. January 2010) OMB No. 1545-1872 Department of the Treasury ? Request may be rejected if the form is incomplete or illegible. Internal Revenue Service Tip. Use Form 4506-T to order a transcript or other return information free of charge. See the product list below. You can also call 1-800-829-1040 to order a transcript. If you need a copy of your return, use Form 4506, Request for Copy of Tax Return. There is a fee to get a copy of your return. is Name shown on tax return. If a joint return, enter the name shown first. lb First social security number on tax return or employer identification number (see instructions) 2a If a joint return, enter spouse's name shown on tax return. 2b Second social security number if joint tax return 3 Current name, address (including apt., room, or suite no.), city, state, and ZIP code 4 Previous address shown on the last return filed if different from line 3 5 If the transcript or tax information is to be mailed to a third party (such as a mortgage company), enter the third party's name, address, and telephone number. The IRS has no control over what the third party does with the tax information. Caution. If the transcript is being mailed to a third party, ensure that you have filled in line 6 and line 9 before signing. Sign and date the form once you have filled in these fines. Completing these steps helps to protect your privacy. 6 Transcript requested. Enter the tax form number here (1040, 1065, 1120, etc.) and check the appropriate box below. Enter only one tax form number per request. ? a Return Transcript, which includes most of the line items of a tax return as filed with the IRS. A tax return transcript does not reflect changes made to the account after the return is processed. Transcripts are only available for the following returns: Form 1040 series, Form 1065, Form 1120, Form 1120A, Form 11 20H, Form 1120L, and Form 1120S. Return transcripts are available for the current year and returns processed during the prior 3 processing years. Most requests will be processed within 10 business days . . . ? b Account Transcript, which contains information on the financial status of the account, such as payments made on the account, penalty assessments, and adjustments made by you or the IRS after the return was filed. Return information is limited to items such as tax liability and estimated tax payments. Account transcripts are available for most returns. Most requests will be processed within 30 calendar days. . ? c Record of Account, which is a combination of line item information and later adjustments to the account. Available for current year and 3 prior tax years. Most requests will be processed within 30 calendar days . . . . . . . . . . . . . . . . . . . ? 7 Verification of Nonfiling, which is proof from the IRS that you did not file a return for the year. Current year requests are only available after June 15th. There are no availability restrictions on prior year requests. Most requests will be processed within 10 business days . . ? 8 Form W-2, Form 1099 series, Form 1098 series, or Form 5498 series transcript. The IRS can provide a transcript that includes data from these information returns. State or local information is not included with the Form W-2 information. The IRS may be able to provide this transcript information for up to 10 years. Information for the current year is generally not available until the year after it is filed with the IRS. For example, W-2 information for 2007, filed in 2008, will not be available from the IRS until 2009. If you need W-2 information for retirement purposes, you should contact the Social Security Administration at 1-800-772-1213. Most requests will be processed within 45 days . . . ? Caution. If you need a copy of Form W-2 or Form 1099, you should first contact the payer. To get a copy of the Form W-2 or Form 1099 filed with your return, you must use Form 4506 and request a copy of your return, which includes all attachments. 9 Year or period requested. Enter the ending date of the year or period, using the mm/dd/yyyy format. If you are requesting more than four years or periods, you must attach another Form 4506-T. For requests relating to quarterly tax returns, such as Form 941, you must enter each quarter or tax period separately. Signature of taxpayer(s). I declare that I am either the taxpayer whose name is shown on line 1a or 2a, or a person authorized to obtain the tax information requested. If the request applies to a joint return, either husband or wife must sign. If signed by a corporate officer, partner, guardian, tax matters partner, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that I have the authority to execute Form 4506-T on behalf of the taxpayer. Note. For transcripts being sent to a third party, this form must be received within 120 days of signature date. Telephone number of taxpayer on line 1 a or 2a ' Signature (see instructions) Date Sign ' Here Title (if line 1 a above is a corporation, partnership, estate, or trust) ' Spouse's signature I Date For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 37667N Form 4506-T (Rev. 1-2010) I 4 Form 4506-T (Rev. 1-2010) General Instructions Purpose of form. Use Form 4506-T to request tax return information. You can also designate a third party to receive the information. See line 5. Tip. Use Form 4506, Request for Copy of Tax Return, to request copies of tax returns. Where to file. Mail or fax Form 4506-T to the address below for the state you lived in, or the state your business was in, when that return was filed. There are two address charts: one for individual transcripts (Form 1040 series and Form W-2) and one for all other transcripts. If you are requesting more than one transcript or other product and the chart below shows two different RAIVS teams, send your request to the team based on the address of your most recent return. Automated transcript request. You can call 1-800-829-1040 to order a transcript through the automated self-help system. Follow prompts for "questions about your tax account" to order a tax return transcript. Chart for individual transcripts (Form 1040 series and Form W-2) If you filed an Mail or fax to the individual return "Internal Revenue and lived in: Service" at: Florida, Georgia, RAIVS Team North Carolina, P.O. Box 47-421 South Carolina Stop 91 Doraville, GA 30362 770-455-2335 Alabama, Kentucky, RAIVS Team Louisiana, Stop 6716 AUSC Mississippi, Austin, TX 73301 Tennessee, Texas, a foreign country, or A.P.O. or F.P.O. 512-460-2272 address Alaska, Arizona, RAIVS Team California, Colorado, Stop 37106 Hawaii, Idaho, Illinois, Fresno, CA 93888 Indiana, Iowa, Kansas, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming 559-456-5876 Arkansas, RAIVS Team Connecticut, Delaware, Stop 6705 P-6 District of Columbia, Kansas City, MO Maine, Maryland, 64999 Massachusetts, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, 816-292-6102 Virginia, West Virginia Chart for all other transcripts If you lived in Mail or fax to the or your business "Internal Revenue was in: Service" at: Alabama, Alaska, Arizona, Arkansas, RAIVS Team California, Colorado, P.O. Box 9941 Florida, Hawaii, Idaho, Mail Stop 6734 Iowa, Kansas, Ogden, UT 84409 Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Tennessee, Texas, Utah, Washington, Wyoming, a foreign country, or A.P.O. or F.P.O. address 801-620-6922 Connecticut, Delaware, District of Columbia, Georgia, Illinois, Indiana, RAIVS Team Kentucky, Maine, P.O. Box 145500 Maryland, Stop 2800 F Massachusetts, Cincinnati, OH 45250 Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia, Wisconsin 859-669-3592 Line 1 b. Enter your employer identification number (EIN) if your request relates to a business return. Otherwise, enter the first social security number (SSN) shown on the return. For example, if you are requesting Form 1040 that includes Schedule C (Form 1040), enter your SSN. Line 6. Enter only one tax form number per request. Signature and date. Form 4506-T must be signed and dated by the taxpayer listed on line 1 a or 2a. If you completed line 5 requesting the information be sent to a third party, the IRS must receive Form 4506-T within 120 days of the date signed by the taxpayer or it will be rejected. Individuals. Transcripts of jointly filed tax returns may be furnished to either spouse. Only one signature is required. Sign Form 4506-T exactly as your name appeared on the original return. If you changed your name, also sign your current name. Corporations. Generally, Form 4506-T can be signed by: (1) an officer having legal authority to bind the corporation, (2) any person designated by the board of directors or other governing body, or (3) any officer or employee on written request by any principal officer and attested to by the secretary or other officer. 2 Partnerships. Generally, Form 4506-T can be signed by any person who was a member of the partnership during any part of the tax period requested on line 9. All others. See Internal Revenue Code section 6103(e) if the taxpayer has died, is insolvent, is a dissolved corporation, or if a trustee, guardian, executor, receiver, or administrator is acting for the taxpayer. Documentation. For entities other than individuals, you must attach the authorization document. For example, this could be the letter from the principal officer authorizing an employee of the corporation or the Letters Testamentary authorizing an individual to act for an estate. Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to establish your right to gain access to the requested tax information under the Internal Revenue Code. We need this information to properly identify the tax information and respond to your request. You are not required to request any transcript; if you do request a transcript, sections 6103 and 6109 and their regulations require you to provide this information, including your SSN or EIN. If you do not provide this information, we may not be able to process your request. Providing false or fraudulent information may subject you to penalties. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation, and cities, states, and the District of Columbia for use in administering their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file Form 4506-T will vary depending on individual circumstances. The estimated average time is: Learning about the law or the form, 10 min.; Preparing the form, 12 min.; and Copying, assembling, and sending the form to the IRS, 20 min. If you have comments concerning the accuracy of these time estimates or suggestions for making Form 4506-T simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send the form to this address. Instead, see Where to file on this page. Form Approved OMB No. 0960-0566 Social Security Administration Consent for Release of Information Please read these instructions carefully before completing this form. Complete this form only if you want the Social Security Administration to give When to Use information or records about you to an individual or group (for example, a doctor This Form or an insurance company). Natural or adoptive parents or a legal guardian, acting on behalf of a minor, who want us to release the minor's: nonmedical records, should use this form. medical records, should not use this form, but should contact us. Note: Do not use this form to request information about your earnings or employment history. To do this, complete Form SSA-7050-F4. You can get this form at any Social Security office. 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You may send comments on our time estimate above to: SSA, 6401 Security Blvd., Baltimore, MD 212345-6401. Send only comments relating to our time estimate to this address, not the completed form. Form SSA-3288 (5-2007) EF (5-2007) Social Security Administration Consent for Release of Information Form Approved OMB No. 0960-0566 TO: Social Security Administration Name Date of Birth Social Security Number I authorize the Social Security Administration to release information or records about me to: NAME ADDRESS I want this information released because: (There may be a charge for releasing information.) Please release the following information: Social Security Number Identifying information (includes date and place of birth, parents' names) Monthly Social Security benefit amount Monthly Supplemental Security Income payment amount Information about benefits/payments I received from to Information about my Medicare claim/coverage from to (specify) Medical records Record(s) from my file (specify) Other (specify) I am the individual to whom the information/record applies or that person's parent (if a minor) or legal guardian. I know that if I make any representation which I know is false to obtain information from Social Security records, I could be punished by a fine or imprisonment or both. Signature: _ (Show signatures, names, and addresses of two people if signed by mark.) Date: Relationship: Form SSA-3288 (5-2007) EF (5-2007) Social Security Administration Consent for Release of Information TO: Social Security Administration Name Date of Birth Form Approved OMB No. 0960-0566 Social Security Number I authorize the Social Security Administration to release information or records about me to: NAME ADDRESS 1 want this information released because: (There may be a charge for releasing information.) Please release the following information: Social Security Number Identifying information (includes date and place of birth, parents' names) Monthly Social Security benefit amount Monthly Supplemental Security Income payment amount Information about benefits/payments I received from to Information about my Medicare claim/coverage from to (specify) Medical records Record(s) from my file (specify) Other (specify) I am the individual to whom the information/record applies or that person's parent (if a minor) or legal guardian. I know that if I make any representation which I know is false to obtain information from Social Security records, I could be punished by a fine or imprisonment or both. Signature: (Show signatures, names, and addresses of two people it signed by rnwk.) Date: Relationship:_ Form SSA-3288 (5-2007) EF (5-2007) w EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs vs. JOHN ANDREW LEEN, Defendant : JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF DATED DECEMBER 16, 2011 AND NOW, comes Defendant, John Andrew Leen, by and through his attorneys, McINTYRE, HARTYE, SCHMITT & SOSNOWSKI, and requests that the Plaintiffs, James J. Green, Sr. and Marilyn B. Green, produce the following documents for inspection and copying within thirty (30) days after service hereof: DEFINITIONS 1. "Document(s)" when used herein shall be used in its broadest sense and shall mean and include any and all written, recorded, graphic or tangible matter, whether produced by hand, recorded, or reproduced, or whether electronically produced or reproduced, and without limiting the generality of the foregoing, shall include all correspondence, memoranda, whether external or internal, records, reports, graphs, brochures, technical data, contracts, agreements, diagrams, maps, accounting records, accounting ledgers, financial statements, financial journals, check records, checks, tax records, photographs, films, telegrams specifications, manuals, papers, letters, notes, notations, notebooks, minutes or summaries of meetings, schedules, transcripts, diaries, publications, directives, instructions, computations, purchase orders, tabulations, invoices, bills, credit memos, receipts of delivery, mortgage documents, test records, laboratory reports, bills of lading, sketches, computer printouts, published sales aids, blueprints, S plans, design drawings, product brochures, sales literature, records of shipment, advertisements, test films, laboratory notebooks, quality control tests, production records, and any drafts, revisions or amendments or copies of the above that are within the knowledge, possession, custody, control or subject to the control of the plaintiff, its representatives, its agents or its counsel. 2. In producing documents, please specify the paragraph to which such documents relate. 3. For each document otherwise falling within this Request which plaintiff contends is excludable from discovery, please note with the objection to production of the following: (a) The date of the document; (b) Its general nature (e.g. letter, memorandum, test results, etc.); (c) The name(s) of the author(s); (d) The name(s) of recipient(s) of the document and of any drafts or copies thereof; (e) The person(s) having present custody thereof; (f) The basis for such claim of privilege or exclusion. Please note that any and all information obtained via these discovery requests shall be used and maintained pursuant to the requirements of the Health Insurance Portability and Accountability Act, otherwise known as HIPAA. x , REQUESTS Any written statements obtained by Plaintiff(s), his/her/their attorneys, representatives, investigators or others acting on his/her/their behalf from any party or witness. RESPONSE: 2. Any transcripts of any oral statements or recordings obtained from any party or witness. RESPONSE: 3. Any videotapes, audiotapes, transcriptions or recordings of any kind or nature whatsoever, taken from any witness or party. RESPONSE: 4. All reports, documents, memoranda or statements prepared by any investigator, representative, employee, servant or agent who has investigated any matters relating to Plaintiff('s/s') Complaint, excluding opinions respecting the value or merit of a claim or defense or respecting strategy or tactics, and further excluding any matters which are protected by the attorney-client privilege and/or work product doctrine. RESPONSE: 5. All documents reviewed, consulted, referred to, and/or relied upon with respect to the preparation of the answers to Defendant('s/s') interrogatories. RESPONSE: 6. Any photographs obtained by Plaintiff(s), his/her/their representatives, attorneys, investigators or others acting on Plaintiff('s/s') behalf that relate to the accident. RESPONSE: 7. Any diagrams or sketches of the scene of the accident or of any other matters or things involved in said accident. RESPONSE: 8. Plaintiff('s/s') income tax returns for the five (5) years preceding the accident, and for every year subsequent to the accident in which Plaintiff(s) has/have filed income tax returns. RESPONSE: .+ M 9. Any and all diaries, journals or other writings authored, kept or prepared by the Plaintiff(s) with regard to the accident, and/or any events, circumstances and/or developments, whether medical, personal, psychological, emotional, or otherwise, subsequent to the occurrence of the accident. RESPONSE: 10. All medical records, charts, office notes, and reports relating to the injuries allegedly sustained by Plaintiff(s) as a result of the accident set forth in Plaintiff('s/s') Complaint. RESPONSE: 11. Any reports prepared by any expert retained by Plaintiff(s) relative to this action. RESPONSE: 12. Please produce any and all automobile insurance policies applicable to any motor vehicles owned and/or operated by you on the date of the accident, along with any and all automobile polices insuring you or any one else you resided with on the date of the accident. RESPONSE: r t ? 13. All preexisting medical records, charts, office notes and/or reports from any healthcare provider relating in any way to treatment or professional medical services sought by or rendered to Plaintiff(s) prior to the accident at issue, for any medical conditions, injuries, illnesses, or complaints allegedly sustained or aggravated by the accident at issue. RESPONSE: 14. All correspondence between Plaintiff('s/s') counsel and any and all medical care providers subsequent to the date of the accident. RESPONSE: 15. Please produce any and all documentation, including, but not limited to, Form 5500, with regard to any program or policy of insurance which the Plaintiff(s) contend(s) gives rise to a recoverable lien in this matter. RESPONSE: i 16. Please produce all of Plaintiff(s) family physician records prior to the date of the accident which is the subject of this lawsuit. RESPONSE: Respectfully submitted, McINTYRE, HARTYE, SCHMITT & SO NOWSKI C . JVYv c!? ?. Attorneys for Defendant LOUIS C. SCHMITT, JR., ESQUIRE PA I.D. #52459 P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 EXHIBIT "B" MHS&S C?FFICF`; June 5, 2012 Our Reference: PG 407 NH REPLY TO HOLLIDAYSBURG Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Re: James J. Green, Sr. and Marilyn B. Green, husband and wife v. John Andrew Leen Cumberland County No. 11 - 7215 Civil Dear Mr. Januzzi: I note from reviewing my file that on December 16, 2011, 1 served Interrogatories and a Request for Production of Documents upon the plaintiffs. To date, there has been no response forthcoming to those outstanding discovery requests. I would appreciate very much receiving plaintiffs' outstanding discovery responses within thirty (30) days, so that I can avoid filing a Motion to Compel. In the event plaintiffs' discovery responses are not forthcoming, and it is necessary for me to file a Motion to Compel, pursuant to C.C.R.P. 208.2(d), please let me know whether you would concur in the granting of a Motion to Compel filed on that basis. Sincerely, is C. Schmitt, Jr. LOS, LCS:lg Joh^ 1- Md*re Frank J. hartye [ cOL1 S C Schmitt Jr: Michael A. Sosnowski I Laura 0. BUrke Julie C. Radford JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, Plaintiffs V. JOHN ANDREW LEEN, Defendant 14W IN THE COURT OF COMMON PLEAS 0 THE NINTH JUDICIAL DISTRICT NO. 2011-7215 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL RULE TO SHOW CAUSE AND NOW, this 2h,1 day of July, 2012, upon consideration of Defenda Motion To Compel, a Rule is issued upon Plaintiffs, James J. Green, Sr. and Marilyn Green, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of service of this Rule. IF PLAINTIFF DOES NOT FILE A RESPONSE, Defendant is directed to file appropriate motion pursuant to Pa.R.C.P. No. 206.7(a). Distribution List: ? Karl Januzzi, Esq. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 For Plaintiffs Louis C. Schmitt, Jr., Esq. McIntyre, Hartye, Schmitt & Sosnowski P.O. Box 533 Hollidaysburg, PA 16648 For Defendant 4 1 es ",led Thomas A. Placey C.P.J. -v ? r CD C- c 1" N Cn left ea r-. o . b SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JAMES J. GREEN, SR. and MARILYN B GREEN, husband and wife, Plaintiffs v. JOHN ANDREW LEEN, Defendant r" iLE~-;3~F lit ~~° 3 ~~ r~F~OTNO~OTAEt' X01 Z AUG S 3 PM 3~ 0 ~ !;Ist~~ERLAND CQUNi'Y pENtdSYLVAN'fA IN THE COURT OF COMMON PLE S CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7215 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Plaintiffs, JAMES J. GREEN, SR., and MARILYN B. GREEN, served Answers to Interrogatories and Answers to Production of Documents addressed to Defendant, JOHN ANDREW LEEN, pursuant to the Pennsylvania Rules of Civil Procedure, by overnight mail, postage prepaid, on the 10t" day of August, 2012. Date: ZS l~ IZ-- SHOLLENBE & JANUZZI, LLP By: Karl J. nuzzi, Esquire Attorn for Plaintiffs JAMES ). GREEN, SR. and MARILYN B GREEN, husband and wife, Plaintiff IN THE COURT OF COMMON PLEAS THE NINTH )UDICIA~ D15TRICT v. JOHN ANDREW LEEN, Defendant N0: 2011-7215 CI~/IL TERM -~' ORDER OF COURT AND NOW this ' da of Au ust, 2012, upon consideration of ~b v 9 Motion To Compel and Plaintiffs' Answer thereto, and it appearing to the court tl since the filing of Defendant's Motion To Compel, Plaintiffs have responded to outstanding discovery requests, as evidenced by the Notice of Sewing Discov~ attached to Plaintiff's Answer as Exhibit A and filed of record in this couurt, Defenda Motion To Compel is deemed MOOT. No further relief is granted at this time. By the Court, Thomas A. P cey; C.P.). Distribution List: r> c ~~ ~ Karl ]. Janu~i, Esq. ,~,~ ~ Shollenberger & Januzzi, LLP 2225 Millennium Wa y `~ ~ ~, Enola, PA 17025 .,~ For Plaintiffs ~~ ~ !, ~ rv =~ .~- -t -~:._: r~-j ~., '.:~ E ., , Louis C. Schmitt, Jr., Esq. McIntyre, Hartye, Schmitt & Sosnowski P.O. Box 533 Hollidaysburg, PA 16648 For Defendant ~dp;es /rya. ,~/ed ~~/G~i a ~i~ ~~ SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, Plaintiffs IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENNSYLVANIA v. JOHN ANDREW LEEN, Defendant NO. 11-7215 CIVIL ACTION -LAW JURY TRIAL DEMANDED a Tt'~ CAL AND NOW come the Plaintiffs, JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents as follows: 1. Admitted. 2. Denied. By way of further answer, Plaintiffs have recently responded and provided answers to Defendant's Interrogatories and Request for Production of Documents. See Notice of Serving Discovery attached hereto as Exhibit "A." 3. Denied. The averments contained in Paragraph 3 are conclusions of law or fact to which no response is required. To the extent a response may be required, said averments are denied. 4. Admitted. 5. Admitted. WHEREFORE, Plaintiffs respectfully request Your Honorable Court dismiss Defendant's Motion to Compel as moot. Respectfully submitted, SHOLLENBE~R & JANUZZI, LLP By: Karl J. J uzzi, Esquire Attorne I.D. No. 65575 2225 Ilennium Way Enola, PA 17025 717-728-3200 Date: August 10, 2012 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JAMES J. GREEN, SR. and MARILYN B GREEN, husband and wife, Plaintiffs v. JOHN ANDREW LEEN, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7215 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OE SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Plaintiffs, JAMES J. GREEN, SR., and MARILYN B. GREEN, served Answers to Interrogatories and Answers to Production of Documents addressed to Defendant, JOHN ANDREW LEEN, pursuant to the Pennsylvania Rules of Civil Procedure, by overnight mail, postage prepaid, on the 10t" day of August, 2012. SHOLLENBEfj~E~F~ & JANUZZI, LLP Date: ~ 'LO (Z- gy; Karl J. nuzzi, Esquire Attorn for Plaintiffs • VERIFICATION I, James .1. Green, Sr. ,hereby acknowledge that I am a Plaintiff in this and that 1 have read the Answer to Motion to Compe I and that the stated herein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~ ~ 0 ~ ~-- re G:\GLOBAL\WPDATAIDOCS\INITIAL CONSULT DOCS (SET-UPS)\Verification.wpd h8 SHOLLENBERGER 8 JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 7283200 !FAX (717) 728-3200 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, Plaintiffs IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA v. JOHN ANDREW LEEN, Defendant NO. 11-7215 CIVIL ACTION -LAW JURY TRIAL DEMAN'~DED CLRTIRlCATE t3F 3~R~CE AND NOW this ~~day of August, 2012, I hereby certify that I have served a true and correct copy of Plaintiffs Answer to Defendant's Motion to Compel by United States mail, postage prepaid, addressed to: Louis C. Schmitt, Jr. Esq. McIntyre, Hartye, Schmitt & Sosnowski P.O. Box 533 Hollidaysburg, PA 16648 SHOLLENBERGER & JANUZZI, LLP By: Karl J. Januzzi, Esquire `.` ~,, { --. ~~, 't ,-, _, _ ;~ -• 7. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, -- ~ : PENNSYLVANIA - - - .~:-~ - CIVIL ACTION -LAW - • "~-~ c, ~ - JAMES J. GREEN, SR. and _ ` - ; - MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil - ~::=: ~::. C~,' Plaintiffs ISSUE: NOTICE OF DEPOSITION ~`'~~ OF PLAINTIFF MARILYN B. GREEN ,rs. JOHN ANDREW LEEN, Defendant Filed on behalf of Defendant. John Andrew Leen Counsel of Record: Louis C. Schmitt, Jr., Esquire PA I . D. #52459 McINTYRE, HARTYE, SCHMITT~ & SOSNOWSKI P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 JURY TRIAL DEMANDED I HEREBY CERTIFY THAT UE AND CORRECT COPY OF WITHIN WAS ILED TO A NSEL OF RECORD THI AY OF OCTOBER, 2012. ~''~-,_ Attorneys for Named F~efendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JAMES J. GREEN, SR. and MARIL~'N B. GREEN, husband and wife, Plaintiffs vs. JOHN ANDREW LEEN, Defendant No. 11 - 7215 Civil JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Marilyn B. Green k;arl J. Januzzi, Esquire ~~hollenberger &Januzzi, LLP 2225 Millennium Way E.nota, PA 17025 Please take notice that the deposition of Plaintiff, Marilyn B. Green, shall be taken upon oral examination by an official Court Reporter at the offices of Karl J. Januzzi, Esquire, Shollenberger &Januzzi, LLP, 2225 Millennium Way, Enola, PA 17025, can the 27t" day of November, 2012, commencing at 12:00 p.m. (noon} Tihe scope of said deposition testimony will include inquiry into all facts concerning the happening of the incident complained of and all other matters relevant to the issues raised in the case. You are invited to attend and participate. J McINTYRE, HARTYE. SCHMITT ---~~5N~1AI~KI .~ `\ Attorney for De#enda Louis C. Schmitt, Jr., Esquire PA I . D. X2459 P.O ox 533 lidaysburg, PA 16648-0533 --- (814) 696-3581 f , ,~ _, r. l* .. , -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW - .. ._~ _ JAMES J. GREEN, SR. and ~- MARILYPJ B. GREEN, husband and wife, No. 11 - 7215 Civil ~~ ~_~- Plaintiffs ISSUE: NOTICE OF DEPOSN _-.. OF PLAINTIFF JAMES J. GR~~N,,~R. ~- vs. JOHN APJDREW LEEN, Defendant Filed on behalf of Defendant, John Andrew Leen Counsel of Record: Louis C. Schmitt, Jr., Esquire PA I.D. #52459 McINTYRE, HARTYE, SCHMITT & SOSNOWSKI P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 JURY TRIAL DEMANDED y I HEREBY CERTIFY THAT A TRUE AND ..CORRECT COPY OF THE WITHIN WAS MAILED TO ALL COUNSEL OF RECORD THIS 24.E".,DAY OF OCTOBER, 2012. Attorneys for Named Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JAMES J. GREEN, SR. and MARILI'N B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs ~~s. JOHN ANDREW LEEN, Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: lames J. Green, Sr. Karl J. Januzzi, Esquire Shollenberger &Januzzi, LLP X225 Millennium Way E=nola, PA 17025 Please take notice that the deposition of Plaintiff, James J. Green, Sr., shall be taken upon oral examination by an official Court Reporter at the offices of Kari J. Januzzi, Esquire, Shollenberger &Januzzi, LLP, 2225 Millennium Way, Enola PA 17025, on the 27'h day of November, 2012, commencing at 11:00 a.m. T'he scope of said deposition testimony will include inquiry into all facts concerning the happening of the incident complained of and all other matters relevant to the issuE~s raised in the case. ''rou are invited to attend and participate. McINTYRE, HARTYE:~SCHMITT' & SOSNOWSKI Attorney for Defendant Louis C:~~hmitt, Jr., Esquire PA I . D. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 r ,'. r- f , ,--, ~ r, ~UL.~"~..~ ~ ~-.; . C .. uvL,r-~L..;3:. C 3~,~ t ~,,J~~~ its .^ E~ ~"'°1' ~ 3 P~ 2• ~7 "=~~w~~~SYLb`f?CIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs ISSUE: AMENDED NOTICE OF DEPOSITION OF PLAINTIFF MARILYN B. GREEN vs. : JOHN ANDREW LEEN, Defendant Filed on behalf of Defendant, John Andrew Leen Counsel of Record: Louis C. Schmitt, Jr., Esquire PA I . D. #52459 McINTYRE, HARTYE, SCHMITT & SOSNOWSKI P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 JURY TRIAL DEMANDED I HEREBY CERTIFY TH RUE D CORRECT COP HE WITHI AS LL COUNSEL OF ECOR[ THIS 8"' DAY OF November 012. Attorneys for Nar~d Defendant f \\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs vs. JOHN ANDREW LEEN, Defendant JURY TRIAL DEMANDED AMENDED NOTICE OF DEPOSITION TO: Marilyn B. Green Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Please take notice that the deposition of Plaintiff, Marilyn B. Green, shall be taken upon oral examination by an official Court Reporter at the offices of Karl J. Januzzi, Esquire, Shollenberger & Januzzi, LLP, 2225 Millennium Way, Enola, PA 17025, on the 11th day of December, 2012, commencing at 12:00 p.m. (noon). The scope of said deposition testimony will include inquiry into all facts concerning the happening of the incident complained of and all other matters relevant to the issues raised in the case. You are invited to attend and participate. McINTYRE, HAR CHMI'~ ~`S9SN9W // Attorney for fendatst Louis C. Schmi , 1r., Esquire PA I.D.# 9 P.D--BSx 533 Hollidaysburg, PA 1 648-05 (814)696-3581 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, , .J , ~., PENNSYLVANIA ~ `LL~=' ~..~ =; ;~ CIVIL ACTION -LAW ~~~ '=~ ~ ~" ~~ ~= c,~ JAMES J. GREEN, SR. and ~--~..., ~:~ ~~ MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil ~=~" -+~ ~;-~-' Plaintiffs ISSUE: AMENDED NOTICE ~~ DEPOSITION OF PLAINTIFF ~~" ~"~ ~~ JAMES J. GREEN, SR. _ vs. JOHN ANDREW LEEN, Defendant Filed on behalf of Defendant, John Andrew Leen Counsel of Record: Louis C. Schmitt, Jr., Esquire PA I.D. #52459 McINTYRE, HARTYE, SCHMITT & SOSNOWSKI P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 JURY TRIAL DEMANDED I HEREBY CERTIFY THAT E AND CORRECT COPY OFT W HIN WAS MAILED TO ALL C SEL F RECORD 8`h Novem r, 2012. Attorneys forlV~r~'t;d Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs vs. JOHN ANDREW LEEN, Defendant JURY TRIAL DEMANDED AMENDED NOTICE OF DEPOSITION TO: James J. Green, Sr. Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Please take notice that the deposition of Plaintiff, James J. Green, Sr., shall be taken upon oral examination by an official Court Reporter at the offices of Karl J. Januzzi, Esquire, Shollenberger & Januzzi, LLP, 2225 Millennium Way, Enola, PA 17025, on the 11~h day of December, 2012, commencing at 11:00 a.m. The scope of said deposition testimony will include inquiry into all facts concerning the happening of the incident complained of and all other matters relevant to the issues raised in the case. You are invited to attend and partici atp e. ,.-~'°~~~ McINTYRE, HARTYE. HMITT Attorney fo a ndant Louis C. Sc , Jr., Esquire PA I . D. 459 P. ox 533 ollidaysburg, PA 16648-0533 (814)696-3581 ~ i n,~ _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN ~ ,:.~ .;- PENNSYLVANIA ~~~ o ~~r=-~. "~~ `~~ CIVIL ACTION -LAW t° ~~' ~x-:- JAMES J. GREEN, SR. and mac; :.~,: MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil ~'''`~>~ ~'=' r~~~`~' . -~; cn rn Plaintiffs ISSUE: SECOND AMENDED NOTICE ~`~ OF DEPOSITION OF PLAINTIFF MARILYN B. GREEN vs. JOHN ANDREW LEEN, Defendant 1 HEREBY CERTIFY THAT A,~~ AND C RECT COPY_~#~WIT IN WAS MAILED ALL COUNSEL F RECORD THIS 14T" DAY OF Nove er, 2012. Attorneys for P Defendant Filed on behalf of Defendant, John Andrew Leen Counsel of Record: Louis C. Schmitt, Jr., Esquire PA I . D. #52459 McINTYRE, HARTYE, SCHMITT & SOSNOWSKI P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JAMES J. GREEN, SR. and MARILYN B. GREEN, husband and wife, No. 11 - 7215 Civil Plaintiffs vs. JOHN ANDREW LEEN, Defendant JURY TRIAL DEMANDED SECOND AMENDED NOTICE OF DEPOSITION TO: Marilyn B. Green Karl J. Januzzi, Esquire Shollenberger &Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Please take notice that the deposition of Plaintiff, Marilyn B. Green, shall be taken upon oral examination by an official Court Reporter at the offices of Karl J. Januzzi, Esquire, Shollenberger &Januzzi, LLP, 2225 Millennium Way, Enola, PA 17025, on the 20T" day of December, 2012, commencing at 12:00 p.m. (noon). The scope of said deposition testimony will include inquiry into all facts concerning the happening of the incident complained of and all other matters relevant to the issues raised in the case. ~ You are invited to attend and participate. McINTYRE, HARTYE. SC~IIIITT KI ~_ %~ ~,, ~, , a Attorney for Defe~fid~nt ~ Louis C. ScJafiitt, Jr., Esquire PA I. D ;.#5`2459 ~p 9: t~ox 533 Hollidaysburg, PA 16648-0533 (814)696-3581 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728 -3200 Fax Number: (717) 728 -3400 Attorneys for Plaintiff JAMES J. GREEN, SR. and MARILYN B. G REEIV,_husband and wife., Plaintiffs v. JOHN ANDREW LEEN, Defendant I: ED -OFFICE - II PRO 7tION4TAR Y 20!40 APP -3 P14 k 39 CUMBERL AND PENNSYLVANIA NT IN THE COURT OF COMMON PLEAS .CUMBERLAND COUNTY, PENNSYLVANIA _- NO. 11 -7215 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO. DISCONTINUE To the Prothonotary: Please mark the above- captioned matter as settled, discontinued and ended with prejudice. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Dated: March 20, 2014 Karl J. Janu Esquire