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HomeMy WebLinkAbout12-1224IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) & Address(es) Michael Schrim, Patrick Schrim 43 N. Old Stone House Rd. Carlisle PA 17015 VS. Defendant(s) & Address(es) Helen R. Kane 109 Fairway Dr. Mech. PA 17055 CIVIL DIVISION Case No.A - a a ? _ Civil Term Civil Action PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case rri MM rri rn-. c: r-;r <CD ma µ c, C ' - Writ of Summons shall be issued and forwarded to Attorney/Sheriff. Please Circle choice Date : 02/27/12 / ?2 SC/ t ?2/ wl Signature of A ey Print Name: Michael Schrim, Patrick Schrim ('I Address: 43 N. Old Stone House Rd. Carlisle PA 17015 Telephone #: 717 - 795 - 6122 Supreme Court ID Number: 0 • • • • WRIT OF SUMMONS TO: Helen R. Kane, 109 Fairway Dr., Mech., PA 17055 _(9 QWX,4- % ko`3;75 C v 4 anIS-75 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HA AVE OMMENCED AN ACTION AGAINST YOU. V_A2 Prot honotary/Clerk, Civil ivision Date: =? C' Y (W /2 /2 Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor P" 2' ?,JS s Eki' 1, 1? ?,r?rr 1 `i E, '4 Michael Schrim Case Number vs. Helen R. Kane 2012-1224 SHERIFF'S RETURN OF SERVICE 03/24/2012 09:02 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2012 at 0902 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Helen R. Kane, by making known unto herself personally, at 10 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents qpo t th s me time handing to her personally the said true and correct copy of the same. ( SHERIFF COST: $38.45 March 27, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK SCHRIM, Plaintiffs, CIVIL DIVISION NO. 2012-1224 V. HELEN R. KANE, Defendant. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 V. HELEN R. KANE, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Helen R. Kane, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. _ By: in D. Rauch, Esquire nsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 9th day of April, 2012. Michael Schrim Patrick Schrim 43 N. Old Stone House Road Carlisle, PA 17015 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: n D/Rauch, Esquire nsel for Defendant <-r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK SCHRIM, Plaintiffs, CIVIL DIVISION NO. 2012-1224 V. HELEN R. KANE, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19205 40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 V. HELEN R. KANE, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Michael Schrim and Patrick Schrim, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: even D. Rouch, Esqui ounsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 V. HELEN R. KANE, Defendant. (Jury Trial Demanded) RULE AQl AND NOW, this day of 2012, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this 114' day of April , 2012. Prothonotary, DAvw n.SuELL CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 9th day of April, 2012. Michael Schrim Patrick Schrim 43 N. Old Stone House Road Carlisle, PA 17015 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: L+ -)IV -`--? even D. auch, Esquire ounsel for Defendant C 7 C C= -rg RICHARD R. GAN, ESQUIRE M M < Robinson & Geraldo r- - Sup. Ct. I.D. No. 68721 rn o 2505 North Front Street y° ' P.O. Box 5320 c c a Harrisburg, Pennsylvania 17110-5320 y } d (717) 232-8525 - Phone 7- (717) 232-5098 - Fax rgan@robinson-geraldo.com MICHAEL SCHRIM and : IN THE COURT OF COMMON PLEAS PATRICK SCHRIM, : OF CUMBERLAND COUNTY PA Plaintiffs V. NO. 2012-1224 HELEN R. KANE, Defendant CIVIL ACTION-LAW (JURY TRIAL DEMANDED) COMPLAINT AND NOW, come the Plaintiffs, Michael Schrim and Patrick Schrim, by and through their attorneys, ROBINSON & GERALDO, P.C., Richard R. Gan, Esquire, and bring this Complaint against Defendant, averring as follows: 1. Plaintiff, Michael Schrim is an adult individual who resides at 43 North Old Stone House Road, Carlisle, PA 17015, Pennsylvania. 2. Plaintiff Patrick Schrim is an adult individual who resides at 43 North Old Stone House Road, Carlisle, PA 17015. 3. Defendant, Helen R. Kane resides at 1090 Fairway Drive, Mechanicsburg, Pennsylvania 17055. 4. At all times relevant hereto, Plaintiff Michael Schrim was lawfully operating a 2001 Chevrolet Prizm bearing VIN lYlSK52851Z445765 on the streets and Highways of Pennsylvania. 5. At all times material hereto, Plaintiff Patrick Schrim was a lawful passenger in the vehicle operated by Michael Schrim on or about February 28, 2012. 6. At all times material hereto, Plaintiff Michael Schrim had his vehicle under control and compliant with all traffic laws as established by the legislature of the Commonwealth of Pennsylvania. 7. At all times material hereto, both Michael Schrim and Patrick Schrim were properly belted and without distraction while driving and riding in Plaintiff Michael Schrims vehicle. 8. On or about February 28, 2010, Plaintiff Michael Schrim was lawfully operating his motor vehicle on the roads and highways of the Commonwealth of Pennsylvania traveling at less than maximum speed and in a lawful fashion when his vehicle was struck by Defendant, causing personal injuries upon Plaintiffs as detailed more specifically hereinafter. COUNT 1- NEGLIGENCE Michael Schrim 9. Paragraphs 1-8 are incorporated herein by reference as if fully set forth at length. 10. At all times material hereto, Plaintiff Michael Schrim believes and therefore avers that Defendant Helen R. Kane, was operating her motor vehicle on the day and time referenced above and was responsible for operating the vehicle in accordance with the laws of the Commonwealth or Pennsylvania. 11. The occurrence of the aforementioned accident and the resulting injuries to Plaintiff Michael Schrim, were caused directly and proximately by the negligence of Defendant Helen R. Kane and more specifically as set forth below: (a) Violation of Section 3302 of the Pennsylvania Motor Vehicle Code, failure to yield half of roadway to oncoming vehicle. (b) Violation of section 3361 of the Pennsylvania Motor Vehicle Code, driving too fast for conditions. (c) Violation of section 3362 of the Pennsylvania Motor Vehicle Code, exceeding maximum speed. w (d) Violation of section 3714 (a) of the Pennsylvania Motor Vehicle Code, Careless driving. 12. As a direct and proximate result of the negligence of Defendant, Helen R. Kane, Plaintiff, Michael Schrim, sustained serious injuries including, but not limited to: (a) Extensive pain and resulting injury to his hands. (b) Extensive pain and resulting injury to his arms. (c) Extensive pain and resulting injury to his upper torso. (d) Extensive pain and resulting injury to his shoulder. (e) Extensive pain and resulting injury to this knees and legs. 13. As a direct and proximate result of the negligence of Defendant Helen R. Kane, Plaintiff Michael Schrim, has undergone great physical pain, discomfort, and mental anguish. 14. As a direct and proximate result of the negligence of Helen R. Kane, Plaintiff, Michael Schrim will undergo surgery, a period of extensive physical rehabilitation, loss of income and additional pain and suffering. WHEREFORE, Plaintiff Michael Schrim, seeks damages from Defendant in an amount exceeding FIFTY THOUSAND DOLLARS ($50,000).00 COUNT II NEGLIGENCE / PATRICK SCHRIM 15. Paragraphs Ithrough 14 are incorporated herein as if reproduced in full. 16. That on the day, date and time in question, Plaintiff Patrick Schrim was a lawful passenger in the motor vehicle operated by Michael Schrim. 17. That he was lawfully and properly belted into the motor vehicle at the time of the accident. 18. That the motor vehicle he was riding in was struck by Defendant Helen R. Kane. 19. The occurrence of the aforementioned accident and resulting injuries to Plaintiff Patrick Schrim were caused directly and proximately by the negligence of defendant Helen R. Kane and more specifically as set forth below: (a) Violation of section 3302 of the Pennsylvania motor vehicle code; Failure to yield half of the roadway to oncoming traffic. (b) Violation of section 3361 of the Pennsylvania Motor Vehicle Code; driving too fast for conditions. (c) Violation of section 3362 of the Pennsylvania Motor Vehicle /code, exceeding maximum speed. (d) Violation of section 3714 (a) of the Pennsylvania Moor vehicle code; Careless Driving. 20. As a direct and proximate result of the negligence of Defendant Helen R. Kane, Plaintiff, Patrick Schrim sustained serious injuries including but not limited to: (a) Extensive pain and resulting injury to his neck. (b) Extensive pain and resulting injury to his back. (c) Extensive pain and resulting injury to his shoulder. (d) Extensive pain and resulting injury to his upper torso. (e) Extensive pain and resulting injury to his knees and legs. 21. As a direct and proximate result of the negligence of Defendant Helen R. Kane, Plaintiff Patrick Schrim has undergone great physical pain, discomfort and mental anguish. 22. As a direct and proximate result of the negligence of Defendant, Helen R. Kane, Plaintiff Patrick Schrim has experienced an extensive period of physical rehabilitation, pain, suffering and loss of the enjoyment of the benefits of life. WHEREFORE, Plaintiff Patrick Schrim seeks damages from Defendant in an amount exceeding FIFTY THOUSAND DOLLARS ($50,000.00) Respectfully submitted, ROBINSON & GERALDO Dated- , squire ad I.D. #68721 2505 North Front St. Harrisburg, PA 17110 (717) 232-8525 Attorney for Plaintiffs r-TI.77 ? 6 r W .. -•? I. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK SCHRIM, Plaintiffs, CIVIL DIVISION NO. 2012-1224 V. HELEN R'. KANE, Defendant. PRELIMINARY OBJECTIONS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL; SCHRIM and PATRICK SCHRIM, Plaintiffs, V. HELEN R. KANE, Defendant. CIVIL DIVISION NO. 2012-1224 (Jury Trial Demanded) PRELIMINARY OBJECTIONS AND NOW, come the Defendant, Helen R. Kane, by and through her counsel, Summers; McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Preliminary Objections to Plaintiffs' Complaint: STATEMENT OF FACTS 1. According to the Plaintiffs' Complaint, this action arises out of an accident that occurred on or about February 28, 2010. See Paragraph 8 of the Plaintiffs' Complaint. 2. Nowhere in the Complaint does either Plaintiff allege a time, where, or how the accident occurred other than "on the roads and highways of the Commonwealth of Pennsylvania." 3. The Defendant files the within Preliminary Objections seeking a more specific Complaint as required by the Pennsylvania Rules of Civil Procedure. PRELIMINARY OBJECTIONS PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1028(a)(3) 4. The Pennsylvania Rules of Civil Procedure require that the material facts upon which a cause of action is based shall be stated in a concise and summary form. Pa.R.C.P. No. 1019(a). 5. Preliminary Objections may be filed where a pleading contains insufficient specificity'. Pa.R.C.P. No. 1028(a)(3). 6. As noted above, the Plaintiffs' Complaint fails to allege a time, where, or how the accident occurred other than "on the roads and highways of the Commonwealth of Pennsylvania." 7. A Complaint must not only give defendants notice of the nature of the plaintiffs claims and the grounds upon which they rest, but must identify the issues essential to his or her claims by stating those essential facts which support his or her allegations. 8. Absent a clear and concise pleading of the specific and relevant facts upon which Plaintiffs asserts their claims against the Defendant, the Defendant cannot provide a knowing and intelligent response to the Complaint and is prejudiced thereby. 9. Plaintiffs' failure to specifically and concisely set forth all material facts upon which they assert their claims, substantially limits and may preclude the Defendant from preparing an effective defense thereto. WHEREFORE, Defendant, Helen R. Kane, respectfully request that this Honorable Court compel the Plaintiffs to file an Amended Complaint which states their claim within the requisite degree of specificity such as to comport with the requirements of Pennsylvania Rule of Civil Procedure 1019(a). Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: e,4., D U Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRELIMINARY OBJECTIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 30th day of May, 2012. Richard Gan, Esquire Robinson & Geraldo 2505 North Front Street, Suite 2 Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: /??L D //L( Kevin D. Rauch, Esqui e Counsel for Defendant CAIAL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the n ext Argument Court.) CAPTION OF CASE r (entire caption must be stated in full) w Michael Schrim -and Patrick Schrim rn w c_ rq, vs. -c -- -a c:, - - - C) =0 , ; ::7- Helen R. Kane :. ma c- - 1224 N 2012 x = " r, o. ar m 1. State matter to be argued (i.e., plaintiffs motion for new trial, defenda nt's demurrer to complaint, etc.): Defendanfs Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Richard Gan, Esquire (Name and Address) 2505 North Front St, Ste. 2, Harrisburg, PA 17110 (b) for defendants: Seth Black, Esquire (Name and Address) 100 Sterling Parkway, Ste. 306, Mechanicsburg, PA 17050 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 13, 2012 Date: 6 L-51- ` Z- Print your name Defendant Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. *14.75 PD Airy 0* 01731 e 017&slo& RICHARD R. GAN, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 68721 2505 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax rgan@robinson-geraldo.com ? ?. ,. 1. ' r19 f7ilr;l J? t l t y .'_r.fiL jo C 0 U ?j YI.VAN A MICHAEL SCHRIM and IN THE COURT OF COMMON PLEAS PATRICK SCHRIM, Plaintiffs, OF CUMBERLAND COUNTY PA V. NO. 2012-1224 HELEN R. KANE, Defendant CIVIL ACTION-LAW (JURY TRIAL DEMANDED) FIRST AMENDED COMPLAINT AND NOW, come the Plaintiffs, Michael Schrim and Patrick Schrim, by and through their attorneys, ROBINSON & GERALDO, P.C., Richard R. Gan, Esquire, and bring this Complaint against Defendant, averring as follows: 1. Plaintiff, Michael Schrim is an adult individual who resides at 43 North Old Stone House Road, Carlisle, PA 17015, Pennsylvania. 2. Plaintiff Patrick Schrim is an adult individual who resides at 43 North Old Stone House Road, Carlisle, PA 17015. 3. Defendant, Helen R. Kane resides at 1090 Fairway Drive, Mechanicsburg, Pennsylvania 17055. 4. At all times relevant hereto, Plaintiff Michael Schrim was lawfully operating a 2001 Chevrolet Prizm bearing VIN I Y I SK5285 I Z445765 on Trindle Road, Mechanicsburg PA on February 28, 2012. 5. At all times material hereto, Plaintiff Patrick Schrim was a lawful passenger in the vehicle operated by Michael Schrim on or about February 28, 2012. 6. At all times material hereto, Plaintiff Michael Schrim had his vehicle under control and compliant with all traffic laws as established by the legislature of the Commonwealth of Pennsylvania. 7. At all times material hereto, both Michael Schrim and Patrick Schrim were properly belted and without distraction while driving and riding in Plaintiff Michael Schrims vehicle. 8. On or about February 28, 2010, Plaintiff Michael Schrim was lawfully operating his motor vehicle traveling in an Easterly direction on Trindle Road in Mechanicsburg near State / Sinclair Street traveling at less than 5 miles per hour when his vehicle was struck by Defendants car, causing personal injuries to Plaintiffs as detailed more specifically herein. 9. That Defendant was stopped on Trindle Road, heading westbound, when she attempted to make a left hand turn onto Sinclair Street. 10. Defendant turned directly in front of Plaintiff, striking his vehicle, causing the personal injuries and property damage as outlined herein. COUNT 1- NEGLIGENCE Michael Schrim 11. Paragraphs 1-10 are incorporated herein by reference as if fully set forth at length. 12. At all times material hereto, Plaintiff, Michael Schrim believes and therefore avers, that Defendant Helen R. Kane, was operating her motor vehicle on the day and time referenced above and was responsible for operating the vehicle in accordance with the laws of the Commonwealth or Pennsylvania. 13. The occurrence of the aforementioned accident and the resulting injuries to Plaintiff, Michael Schrim, were caused directly and proximately by the negligence of Defendant Helen R. Kane and more specifically as set forth below: (a) Violation of Section 3302 of the Pennsylvania Motor Vehicle Code, failure to yield half of roadway to oncoming vehicle. (b) Violation of section 3361 of the Pennsylvania Motor Vehicle Code, driving too fast for conditions. (c) Violation of section 3362 of the Pennsylvania Motor Vehicle Code, exceeding maximum speed. (d) Violation of section 3714 (a) of the Pennsylvania Motor Vehicle Code, Careless driving. 14. As a direct and proximate result of the negligence of Defendant, Helen R. Kane, Plaintiff, Michael Schrim, sustained serious injuries including, but not limited to: a. Extensive pain and resulting injury to his hands. b. Extensive pain and resulting injury to his arms. c. Extensive pain and resulting injury to his upper torso. d. Extensive pain and resulting injury to his shoulder. e. Extensive pain and resulting injury to his upper back. 15. As a direct and proximate result of the negligence of Defendant, Helen R. Kane, Plaintiff, Michael Schrim, has undergone great physical pain, discomfort, and mental anguish. 16. As a direct and proximate result of the negligence of Helen R. Kane, Plaintiff, Michael Schrim will have to undergo surgery, a period of extensive physical rehabilitation, loss of income and additional pain and suffering all as a direct consequence of the negligence of defendant. WHEREFORE, Plaintiff Michael Schrim, seeks damages from Defendant in an amount exceeding FIFTY THOUSAND DOLLARS ($50,000).00 COUNT II NEGLIGENCE / PATRICK SCHRIM 17. Paragraphs 1 through 16 are incorporated herein as if reproduced in full. 18. That on the day, date and time in question, Plaintiff Patrick Schrim was a lawful passenger in the motor vehicle operated by Michael Schrim. 19. That he was lawfully and properly belted into the motor vehicle at the time of the accident. 20. That the motor vehicle he was riding in was struck by defendant Helen R. Kane. 21. The occurrence of the aforementioned accident and resulting injuries to Plaintiff, Patrick Schrim were caused directly and proximately by the negligence of defendant Helen R. Kane and more specifically as set forth below: (a) Violation of section 3302 of the Pennsylvania motor vehicle code, Failure to yield half of the roadway to oncoming traffic. (b) Violation of section 3361 of the Pennsylvania Motor Vehicle? Code, driving too fast for conditions. (c) Violation of section 3362 of the Pennsylvania Motor Vehicle /code, exceeding maximum speed. (d) Violation of section 3714 (a) of the Pennsylvania Moor vehicle code, Careless Driving. 22. As a direct and proximate result of the negligence of Defendant Helen R. Kane, Plaintiff, Patrick Schrim sustained serious injuries including but not limited to: (a) Extensive pain and resulting injury to his neck. (b) Extensive pain and resulting injury to his back. (c) Extensive pain and resulting injury to his shoulder. (d) Extensive pain and resulting injury to his upper torso. 23. As a direct and proximate result of the negligence of Defendant Helen R. Kane, Plaintiff Patrick Schrim has undergone great physical pain, discomfort and mental anguish. 24. As a direct and proximate result of the negligence of Defendant Helen R. Kane, Plaintiff, Patrick Schrim has experienced an extensive period of physical rehabilitation, pain, suffering and loss of enjoyment of the benefits of life. WHEREFORE, Plaintiff Patrick Schrim, seeks damages from Defendant in an amount exceeding FIFTY THOUSAND DOLLARS ($50,000.00) Respectfully submitted, ROBINSON & GERALDO .......... .. ?7.1 . Dated: I.D. #68721 2505 North Front St. Harrisburg, PA 17110 (717) 232-8525 Attorney for Plaintiffs VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. "M al6k L '-'?4? Michael Schrim VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Patrick Schrim OF TNT PROTHONO`fAR 2012 JUL -3 A"".22 gtjj46E9I.A14'0 CN p T`l Michael Schrim and ?ENNY?? Patrick Schrim, Plaintiffs, : COUNTY, PENNSYLVANIA V. Helen R. Kane Defendant. CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS NO. 2012-1224 I, Richard R. Gan, Esquire, do hereby certify that on the 29th day of June, 2012,1 caused a true and correct copy of the Answers to Interrogatories to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Kevin Rauch, Esq. Summers, McDonnell 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Respectfully submitted, Attorney I.D. No. 68721 2505 North Front Street, 2nd Floor P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 June 29, 2012 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie and Skeel, P. C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Re: Michael Schrim v Helen R. Kane-No.: Our File No.: 3079.001 Dear Mr Rauch: Enclosed please find answers to interrogatories submitted and authenticated by Michael and Patrick Schrim. Sincerely yours, ROBINSON & Richard R. Gan, Esquire cc: Schrim, Michael, Cumberland County Court of Common Pleas/ Letter and Proof of service only RRG: rrg P.O. Box 5320 Harrisburg 20 Washington, D.C. 2505 N. Front Street Harrisburg, Harrisburg, PA 1 7110 7110--5320 320 1316 Pennsylvania Ave., S.E. Harrisburg, PA 17110 ww g Washington, D.C. 20003 (717) 232-8525 (202) 544-2889 Fax (717) 232-5098 Fax (202) 547-8342 01 rriew 1 ;V r-- '? :> C? N ? :at _ rt -i -.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK SCHRIM, Plaintiffs, CIVIL DIVISION NO. 2012-1224 V. HELEN R. KANE, Defendant. PRAECIPE TO WITHDRAW (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 V. HELEN R. KANE, Defendant. To the Prothonotary: (Jury Trial Demanded) PRAECIPE TO WITHDRAW Kindly withdraw the Praecipe to List for Argument that was filed in the a referenced matter. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. i By: '10L D21 Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE WITHDRAW has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 3d day of July, 2012. Richard Gan, Esquire Robinson & Geraldo 2505 North Front Street, Suite 2 Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. \ By: /'r- ?- - Kevin D. Rauch, Esquire Counsel for Defendant C7 c r.a C:3 ?e9 c-- --t ?:?°+ r" r r Tl r- Uyr- i rs ? s4 cn ? _ Ica 5:c- F t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK SCHRIM, Plaintiffs, CIVIL DIVISION NO. 2012-1224 V. HELEN R. KANE, Defendant. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 V. HELEN R. KANE, Defendant. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Helen R. Kane, by and through her counsol, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows 1. After reasonable investigation, the Defendant has insufficient inform as to the truth or falsity of said averments, therefore said averments are denied strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied strict proof thereof is demanded at the time of trial. 3. Admitted. 4. Paragraph 8 states a legal conclusion to which no response is requi To the extent, however, that a response is deemed necessary, said averments ore denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Paragraph 8 states a legal conclusion to which no response is require. To the extent, however, that a response is deemed necessary, said averments denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof demanded at the time of trial. 6. Paragraph 8 states a legal conclusion to which no response is requi To the extent, however, that a response is deemed necessary, said averments denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 8 states a legal conclusion to which no response is requi To the extent, however, that a response is deemed necessary, said averments ire denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof demanded at the time of trial. 8. Paragraph 8 states a legal conclusion to which no response is requ To the extent, however, that a response is deemed necessary, said averments is denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNTI 9. In response to paragraph 9, the Defendant reiterates and repeats all responses in paragraphs 1 through 8 as if fully set forth at length herein. 10. Paragraph 10 states legal conclusions to which no response is requ To the extent, however, that a response is deemed necessary, said averments denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 and all its subparts state legal conclusions to which response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict p thereof is demanded at the time of trial. 12. Paragraph 12 and all of its subparts state legal conclusions to which o response is required. To the extent, however, that a response is deemed necessa , said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict thereof is demanded at the time of trial. 13. Paragraph 10 states a legal conclusion to which no response is requ To the extent, however, that a response is deemed necessary, said averments denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof demanded at the time of trial. 14. Paragraph 11 states a legal conclusion to which no response is requir is To the extent, however, that a response is deemed necessary, said averments Ore denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Helen R. Kane, respectfully requests this Hon Court enter judgment in her favor and against the Plaintiffs with costs and prejud ble hce imposed. COUNT I 15. In response to paragraph 15, the Defendant reiterates and repeats all hor responses in paragraphs 1 through 14 as if fully set forth at length herein. 16. Paragraph 16 states legal conclusions to which no response is requi To the extent, however, that a response is deemed necessary, said averments a denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is requi To the extent, however, that a response is deemed necessary, said averments denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Denied. To the contrary, the Defendant's vehicle was struck by Plaintiff's vehicle. 19. Paragraph 19 and all of its subparts state legal conclusions to which response is required. To the extent, however, that a response is deemed necessa?, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict p thereof is demanded at the time of trial. 20. Paragraph 20 and all of its subparts state legal conclusions to which response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict p thereof is demanded at the time of trial. 21. Paragraph 21 states a legal conclusion to which no response is requir?d. To the extent, however, that a response is deemed necessary, said averments ire denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial 22. Paragraph 22 states a legal conclusion to which no response is requ To the extent, however, that a response is deemed necessary, said averments denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Helen R. Kane, respectfully requests this Honora4le Court enter judgment in her favor and against the Plaintiffs with costs and pre imposed. NEW MATTER 23. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 24. Some and/or all of Plaintiffs' claims for damages are items of econonfiic detriment which are or could be compensable pursuant to either the Pennsylvania M Vehicle Financial Responsibility Law and/or other collateral sources and same may be duplicated in the present lawsuit. 25. To the extent that the Plaintiffs have selected the limited tort option or Ore deemed to have selected the limited tort option then this Defendant sets forth relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law ;a bar to the Plaintiffs' ability to recover non-economic damages. 26. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Helen R. Kane, respectfully requests this Honora le Court enter judgment in her favor and against the Plaintiffs with costs and prej imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that t foregoing ANSWER AND NEW MATTER TO FIRST AMENDED COMPLAINT is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER TO FIRST AMENDED COMPLAINT is that of counsel and not oft e Defendant. Defendant has read the ANSWER AND NEW MATTER TO FIRST AMENDED COMPLAINT and to the extent that the ANSWER AND NEW MATTER FIRST AMENDED COMPLAINT is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. Tot the extent that the content of the ANSWER AND NEW MATTER TO FIRST AMENDED COMPLAINT is that of counsel, she has relied upon counsel in making this Affida it. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 3a VZ ?&S? Helen R. Kane #19205 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first cl mail, postage pre-paid, this 3rd day of July, 2012. Richard Gan, Esquire Robinson & Geraldo 2505 North Front Street, Suite 2 Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant Ab i517 JUL -9 AM 11 : 5 cUMSERLAND CG t e Y pE;?>~!SY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA MICHAEL SCHRIM and PATRICK SCHRIM, Plaintiffs, CIVIL DIVISION NO. 2012-1224 V. HELEN R. KANE, Defendant. v. MICHAEL SCRHIM, Additional Defendant. PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT, MICHAEL SCHRIM (Jury Trial Demanded) Filed on Behalf of the Defendant, Helen Kane Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 V. HELEN R. KANE, Defendant. V. MICHAEL SCRHIM, Additional Defendant. (Jury Trial Demanded) PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT TO: Prothonotary Kindly issue a Writ of Summons joining Plaintiff, Michael Schrim as Additio Defendants in the above-captioned action. Counsel for the Plaintiff is Richard Gan, Esquire, Robinson & Geraldo, 2505 North Front Street, Suite 2, Harrisburg, PA 17110 Michael Schrim, 43 N. Old Stone House Road, Carlisle, PA 17015 JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. ) L/t? E/ By: _ .. Kevin D. Rauch, Esquire Counsel for Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK SCHRIM, Plaintiffs, V. HELEN R. KANE, Defendant, v. MICHAEL SCRHIM, Additional Defendant. TO: Michael Schrim 43 N. Old Stone House Road Carlisle, PA 17015 CIVIL DIVISION NO. 2012-1224 (Jury Trial Demanded) WRIT YOU ARE NOTIFEID THAT DEFENDANT, HELEN R. KANE, HAS JOINED Y U AS AN ADDITIONAL DEFENDANT IN THIS ATION, WHICH YOU ARE REQUIRED O DEFEND. i Date: f7 ?iC? .L? • .L?De Prothonotary, Civil Division By: r. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIF E FOR WRIT OF SUMMONS TO JOIN ADDITIONALD DEFENDANT, MICH SCHRIM has been mailed by U.S. Mail to counsel of record via first class mail, pos pre-paid, this 5t" day of July, 2012. Richard Gan, Esquire Robinson & Geraldo 2505 North Front Street, Suite 2 Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: tl' 1D Kevin D. Rauch, Esquire Counsel for Defendant .~' •~-~,~~~Np~OTAr. E .~:_ ~ ~~,~. aka 2Q1~ AUG ~ 3 ~~ 2' ~5 Michael Schrim and ~;UMSER SY~v~~ A ~~ E~dN Patrick Schrim, 1N THE COURT OF COMMON PLEAS Plaintiffs, CUMBERLAND COUNTY, PA v. Helen R. Kane CIVIL DIVISION Defendant. NO: 2012-1224 v Michael Schrim, Additional Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary of Cumberland County Pennsylvania: Please issue Rule upon Defendant and Cross Plaintiff Helen R. Kane to File a Complaint within 20 days from service hereon or suffer judgment non pros. Respectfully submitted, ROBINSON & GERALDO ~~ squire ` Attorney I.D. No. 68721 2505 North Front Street, 2nd Floor P.O. Box X320 Harrisburg, PA 17110 (717) 232-8525 RULE To: Defendant and Cross Plaintiff Helen R. Kane YOU ARE HEREBY ORDERED and directed to file your Complaint against additional Defendant and Plaintiff Michael S. Schrim in the above captioned matter within 20 days of service of this rule upon you or suffer judgment non pros. 8 ~s is Dated ~~ • ~ t D~ Prothonotary, CumberlandC-o~,unyty ""`~ " i Michael Schrim and Patrick Schrim, Plaintiffs, v. Helen R. Kane Defendant. v Michael Schrim, Additional Defendant IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA N0.2012-1224 CERTIFICATE OF SERVICE I, Richard R. Gan, Esquire, do hereby certify that on the 10th day of August, 2012, I caused a true and correct copy of Praecipe for Rule to File Complaint to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Seth T. Black, Esq. Summers, McDonnell 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Respectfully submitted, GERALDO Attorney I.D. No. 68721 2505 North Front Street, 2nd Floor P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 "IL€t~-t~FFICt `~ i h~ PRD~'H~NOTA~~ 1~l(1 AUG l3 PM 2= 55 ~uM€RLA~a eouNT~ !~ IN THE COURT OF COMMON PLE~~S~O~F` ~U~M ERLAND COUNTY, PENNSYLVAt+~IA MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 v. (Jury Trial Demanded) HELEN R. KANE, Defendant, v. MICHAEL SCHRIM, Additional Defendant. ACCEPTANCE OF SERVICE I, Richard Gan, Esquire, accept service of a Writ of Summons, on behalf of Additional Defendant, Michael Schrim and certify that I am authorized to do so. Respectfully submitted, ROBINSON 8~ GERALDO r'd Gan, _squir Counsel for Michael Schrim ~~~.E~-0~~F1Gi^ SFr ~~~~~ #'€~:0~'~#~N4TAF~'~ 2011 AUG I S PM (~ 20 CUM~iE~L~~ ~ ~ TY P'Et~15~LVA N THE COURT OF CaMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA IA L SCHRIM and PATRICK CIVIL DIVISION Plaintiffs, NO. 2012-1224 v. ELEN R. KANE, Defendant, v. SCHRfM, Additional Defendant. (Jury Trial Demanded) ACCEPTANCE t~F SERVICE I, Richard Gan, Esquire, accept service of a Writ of Summons, on behalf of Defendant, Michael Schrim and certify that I am authorized to do so. Respectfully submitted, ROBM~SON ~ GEM'~ALDO 1~,4~a'fd Gan, squi Counsel for Michael Schrim ~i N -~ ~~ ~~~. ~, ~~ w ~° ~~ ~.~ N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEI~NS~L w I!~ MICHAEL SCHRIM and PATRICK SCHRIM, Plaintiffs, v. HELEN R. KANE, Defendant, CIVIL DIVISION NO. 2012-1224 COMPLAINT TO JOIN (Jury Trial Demanded) v. MICHAEL SCHRIM, Additional Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19205 T -- • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 v. (Jury Trial Demanded) HELEN R. KANE, Defendant. v. MICHAEL SCHRIM, Additional Defendant. COMPLAINT TO JOIN AND NOW, come the Defendant, Helen R. Kane, by and through her couns I, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and files the following Complai t to Join Michael Schrim and in support thereof avers as follows: 1. Plaintiffs Michael and Patrick Schrim are alleged to be adult individu Is who reside at 43 North Old Stone House Road, Carlisle, Pennsylvania 1701'5. 2. Helen R. Kane, resides at 109 Fairway Drive, Me~hanicsbu , Pennsylvania 17055. 3. The facts and occurrences hereinafter stated took place on February 2 , 2010, on Trindle Road in Mechanicsburg near its intersection with State and Sincl it Streets. r ._ 4. It has been averred that Patrick Schrim was a passenger in a veh being operated by Michael Schrim. 5. At that time, date, and place, Defendant Helen Kane was operating h~r vehicle westbound on Trindle Road. 6. The Defendant intended to turn left onto Sinclair Street from Trindle Road. 7. The Defendant stopped on Trindle Road with her left-hand tum sig activated while waiting for traffic to clear. 8. At that time, a vehicle traveling eastbound also intended to make a hand turn. 9. The Defendant then executed her left-hand turn. 10. After she had completed her left-hand turn and was no longer on the lanes of Trindle Road, the Defendant's vehicle was struck on its passenger side rear the Plaintiffs vehicle. 11. If Plaintiff, Patrick Schrim, sustained the injuries and damages as al in the Complaint, which is not admitted, then it is averred and believed said in were the direct and proximate result of the carelessness and negligence of Mich el Schrim generally and in the following particulars: a. In operating his vehicle in a reckless manner and with carele s disregard for the rights and safety of others; b. In driving too fast for conditions; and c. In overtaking a vehicle on the right-hand side when it was unsafe do so. 12. In the event that Patrick Schrim is entitled to recover, which right pf i recover is specifically denied, then Additional Defendant, Michael Schrim, is liable to tl~e Plaintiff or is liable over to this Defendant for contribution and/or indemnity. ~~ WHEREFORE, Defendant, Helen R. Kane, joins Michael Schrim as ~n Additio al Defendant, being solely liable to Patrick Schrim or liable over to the Defendant, Hel n R. Kane, for contribution or full indemnification on any and all sums recoverable and r the cause of action asserted in the First Amended Complaint. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEEL, P.C. ~_ By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that t e foregoing COMPLAINT TO JOIN is based upon information which she hay furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the COMPLAINT TO JOIN is that of counsel and not oft e Defendant. Defendant has read the COMPLAINT TO JOIN and to the extent that t e COMPLAINT TO JOIN is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent t at the content of the COMPLAINT TO JOIN is that of counsel, she has relied uppn counsel in making this Affidavit. Defendant understands that false statements herein are ma e subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsecation to authoriti Date: ~~ ~,,. -~ ` ~~ Helen R. Kane #19205 T CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing Complaint Join has been mailed by U.S. Mail to counsel of record via first class mail, postage paid, this 29th day of August, 2012. Richard Gan, Esquire Robinson & Geraldo 2505 North Front Street, Suite 2 Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEEL, P.C. By: ~ Kevin D. Rauch, Esquire Counsel for Defendant dti f 2 U T 24 PI I I: 42 ? "-,E RLAt-M C0UNTY' I?EIMNSYLVAtiIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK SCHRIM, Plaintiffs, CIVIL DIVISION NO. 2012-1224 V. HELEN R. KANE, Defendant, DEFENDANT'S REPLY TO ADDITIONAL DEFENDANT'S NEW MATTER (Jury Trial Demanded) V. MICHAEL SCHRIM, Additional Defendant Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 V. HELEN R. KANE, Defendant. V. MICHAEL SCHRIM, Additional Defendant. (Jury Trial Demanded) REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT. MICHAEL SCHRIM AND NOW, comes the Defendant, Helen Kane, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and sets forth the following Reply to New Matter of Additional Defendant, Michael Schrim, and in support thereof avers as follows: 13. Admitted upon information and belief. 14. Admitted upon information and belief. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Admitted upon information and belief. 17. Admitted upon information and belief. 18. Admitted upon information and belief. 19. Admitted. 20. Admitted. 21. Denied. 22. Paragraph 22 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 23. Paragraph 23 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Helen Kane, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: \ Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT, MICHAEL SCHRIM has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 23rd day of October, 2012. Richard Gan, Esquire Gan Law Group 2023 North Second Street Harrisburg, PA 17110 (Attorney for Plaintiffs) Luisa F. Borelli, Esquire Hubshman and Flood 165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Attorney for Additional Defendant, Michael Schrim) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant NOTICE TO PLEAD TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BY . v Luisa F. Borelli, Esquire Attorney for Additional Defendant LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI, ESQUIRE Luisa_F_Borelli@Progressive.com Attorney Identification No. 91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 610-832-1801 HC FILE 015J2-9929 MICHAEL SCHRIM and PATRICK SCHRIM V. HELEN R. KANE V. MICHAEL SCHRIM CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the attached pleading upon all other parties or their attorneys by: X regular mail ? certified mail ? other By ?,?u?'/I &"Luisa F. Borelli, Esquire Attorney for Additional Defendant Attorney for Additional Defendant, Michael Schrim COMMON PLEAS CUMBERLAND COUNTY : NO. 2012-1224 ADDITIONAL DEFENDANT'S ANSWER AND NEW MATTER TO JOINDER COMPLAINT 1. Admitted. 2. Denied. After reasonable investigation, Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 3. Admitted. 4. Admitted. 5-10. Denied. After reasonable investigation, Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 11-12. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. WHEREFORE, Additional Defendant demands judgment in his favor. NEW MATTER 13. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 14. Plaintiffs have failed to mitigate their damages. 15. If Plaintiffs sustained the injuries and damages as alleged in their Complaint, then same were caused by other entities or parties over which Additional Defendant had no control. 16. Plaintiffs' claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 17. Plaintiffs voluntarily adopted a dangerous and hazardous method or manner of performing the actions that they were then undertaking when there was a safe method available and they thereby assumed the risk of injury in performing their actions. 18. Plaintiffs' claims are barred, or must be reduced, as a result of Plaintiffs' own negligence, which was the proximate cause of the incident described in Plaintiffs' Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7100. 19. Plaintiffs' claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 20. Plaintiffs' claims are barred and/or limited by the Pennsylvania Motor Vehicle No- Fault Insurance Act. 21. This Court lacks jurisdiction over the subject matter of the within action. 22. If Plaintiffs sustained the injuries and damages as alleged in their Complaint, then same were not proximately caused by any action or failure to act on behalf of Additional Defendant. 23. Additional Defendant avers that Plaintiffs' cause of action is barred or limited by the Sudden Emergency Doctrine. WHEREFORE, Additional Defendant demands judgment in his favor. HUBSHMAN & FLOOD BY: OS , zoo 6VV-1?` Luisa F. Borelli Esquire Attorney for Additional Defendant VERIFICATION I, Luisa F. Borelli, Esquire, aver that I am the attorney for the Additional Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Luisa F. Borelli, Esquire LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI, ESQUIRE Luisa_F_Borelli@Progressive.com Attorney Identification No. 91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 610-832-1801 HC FILE O15J2-9929 MICHAEL SCHRIM and PATRICK SCHRIM Attorney for Additional Defendant, Michael Schrim --, COMMON PLEAS CUMBERLAND COUNTY v. HELEN R. KANE N0.2012-1224 v. MICHAEL SCHRIM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: c -.~ 3 rna' ~~ a~ ~, r -t=' r~ ~~ z ~~. ,. --, ::~ ~: r r°n r-n i=- ~ ~,t;, ~ -~ ~ ~ ;, .,v ~ ~.., P -~-. :;:r ~ ~: Kindly substitute the attached verification of the Additional Defendant, Michael Schrim, for that of his counsel, with respect to the Defendant's Answer with New Matter to Joinder Complaint. HUBSHMAN & FLOOD By: Luisa F. Borelli, Esquire Attorney for Additional Defendant •' • I, Michael Schrim, aver that I am the defendant in this case and aver that the answers contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief and that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to Unsworn Falsification to Authorities. ~ ~ ~ t ~~ ~~~~ ~ ~~ ~~~~~~ DATE Michael Schrim O,�Q-[p r' 2013 JUL 22 PM 1: 12 i,UMBRLAND COU8TY PENNSYL`MNIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 V. MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES HELEN R. KANE, Defendant, (Jury Trial Demanded) V. MICHAEL SCHRIM, Filed on Behalf of the Defendant Additional Defendant. Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19940 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 V. (Jury Trial Demanded) HELEN R. KANE, Defendant. V. MICHAEL SCHRIM, Additional Defendant. MOTION TO COMPEL AND NOW, comes the Defendant, Helen R. Kane, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel and in support thereof avers as follows: 1. This action arises out of a motor vehicle accident which occurred on February 28, 2010. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On April 23, 2013, the Defendant served the Plaintiffs with Supplemental Interrogatories relative to the above-referenced matter. A true and correct copy of the correspondence between the parties dated April 23, 2013, is attached hereto as Exhibit "A 4. In accordance with the Pennsylvania Rules of Civil Procedure, the Plaintiff's Answers should have been received by May 23, 2013. 5. Defendant's counsel has forwarded multiple requests to Plaintiffs counsel requesting that he respond to the outstanding discovery and advising that a Motion to Compel the same would be filed. 6. To date, the Defendant has not received any response from the Plaintiffs or Plaintiffs' counsel regarding the Defendant's discovery request. 7. It is necessary for the proper defense of this lawsuit that the Plaintiffs file full and complete responses to the Defendant's discovery requests. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, the Defendant respectfully requests this Honorable court to enter an Order directing the Plaintiff to provide the Defendant with full and complete responses to the Defendant's Interrogatories and Request for Production of Documents within twenty (20) days or suffer additional sanctions. 9. Counsel for Defendant certifies that he has attempted to contact with Plaintiff's counsel as set forth above to resolve this discovery dispute. Despite such attempts by Defendant's counsel, the Plaintiff's discovery responses have not been received. 10. Counsel for Defendant certifies that no Judge has ruled upon any other issue in the same or related matter. 11. Opposing counsel does not concur in this motion. WHEREFORE, Defendant, Helen R. Kane, respectfully requests this Honorable court enter an Order compelling the Plaintiff to produce full and complete discovery responses to the Defendant's discovery requests. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant DEFENDANT'S EX IBIT SUMMERS , MCDONNELL , HUDOCK , GUTHRIlk & :SKEEL , P. C . ATTORNEYS AT LAW STEPHEN J. SUMMERS - - JASON A.'HINES THOMAS A. MCDONNELL - HARRISBURG.OFFICE: ERIN M. BRAUN JOSEPH A. HUDOCK.JR. 100 STERLING'PARKWAY Guy E. GLASS* GREGG A. GUTHRIE SUITE 306 - MARK J. 'GOLEN PETER B. SKEEL MECHANICSBURG, PA'17050 SETH T. BLACK** PATRICK M. CONNELLY* PHONE: 717-901-5916 - GARTH A.,GARTIN JEFFREY C. CATANZARITE - - - DANIEL J: SAMMEL KEVIN D.'RAUCH FAX: 7.17-920-9129 ' 'KRIBTA M.GORABI*** April 23, 2013 JACKLYN J. STOUGHTON *ALSO ADMITTED IN WV CARRIE J. TAYLOR** **ALSO ADMITTED IN NJ - REBECCA L.MARROCCO ***ALSO ADMITTED IN OH - KYLE W; KROMBACH SAMUEL L.MACK Richard Gan, Esquire Gan Law Group 2023 North Second Street Harrisburg, PA 17110 RE: Schrim v. Kane Our File No. 19205 Dear Mr. Gan: Enclosed please find Supplemental Interrogatories directed toward both your clients in the above-referenced matter. Kindly respond to the same within the timeframe outlined by the applicable Rule of Civil Procedure. I have forwarded these Interrogatories to determine whether your clients have in fact completed any treatment I from the accident and what their total claims will be. If this is the case, it would be helpful to provide me with h-a demand with your clients' answers: Also, I have yet to receive Michael. Schrim's executed authorization for the release of his records from Yellow Breaches Family, Practice. Please provide me -with. the same within the next two weeks or will have no other recourse but to proceed with a.. Motion to Compel this authorization. look forward to hearing from you. Thank you. Very truly yours, p� Seth T. Black STB:Ies Enclosures PITTSBURGH OFFICE: GULF TOWER,SUITE 2400,7o7 GRANT STREET,PITTSBURGH,PA 15219. PHONE 412-261-3232 FAX 412-261-3239 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY RESPONSES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19t" day of June, 2013. Richard Gan, Esquire Gan Law Group 2023 North Second Street Harrisburg, PA 17110 (Attorney for Plaintiffs) Luisa F. Borelli, Esquire Hubshman and Flood 165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Attorney for Additional Defendant, Michael Schrim) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: . Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SCHRIM and PATRICK CIVIL DIVISION SCHRIM, Plaintiffs, NO. 2012-1224 v. (Jury Trial Demanded) r' co c . ;:. rr; HELEN R. KANE, Defendant. -<? na 4 7-7.�.,.. (J v. MICHAEL SCHRIM, _ Additional Defendant. ORDER AND NOW, TO WIT, this -).°‘I‘% day of .1\1 , 2013, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs, Michael Schrim and Patrick Schrim, provide Defendant, Helen R. Kane, with full and complete Answers to Defendant's Supplemental Interrogatories within twenty (20) days of the date of this Order. \\ \■• L-LV\oi J. Distribution List: k1 and Gan, Esquire; Gan Law Group, 2303 North Second Street; Harrisburg, PA 17110 Xuisa F. Borelli, Esquire; Hubshman and Flood; 165 Campus Drive, Suite 200; Plymouth Meeting, PA 19462 Kevin D. Rauch, Esquire;�,Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17055 v /1 • PiRO T - ONO 20141411R 28 P1 is 23 UN ERLAi D COUNTY PENNSYLVANIA RICHARD R. GAN Gan Law Group Sup. Ct. I.D. No. 68721 2023 North Second Street Suite 203 Harrisburg, Pennsylvania 17110 -5320 (717) 648 -1098 - Phone (717) 695 -9520 - Fax Richlawl@comcast.net MICHAEL SCHRIM : IN THE COURT OF COMMON PLEAS PATRICK SCHRIM Plaintiffs v. HELEN R. KANE : OF CUMBERLAND COUNTY, PA : NO.2012 -1224 : CIVIL ACTION -JURY TRIAL DEMANDED Defendant. MOTION FOR DISCOVERY CONFERENCE AND NOW, come the Plaintiffs, Michael Schrim and Patrick Schrim, by and through their attorneys, GAN LAW GROUP, by Richard R. Gan, Esquire, and brings forth this motion for discovery conference and avers as follows: 1. Plaintiffs are adults whose current permanent residence is 43 Old Stonehouse Road, Carlisle Pa 17015. 2. Defendant, Helen Kane, is an adult individual whose current address is 1090 Fairway Drive, Mechanicsburg pa,17055. 3. Plaintiffs commenced this action on or about February 27, 2012 with the filing of a writ of summons as a result of an automobile accident which occurred on February 28 2010. 4. That an extensive amount of time, financial resources and billable hours has been expended in pursuit of this matter. 5. That the parties' depositions were taken in February of 2013. 6. That Plaintiffs have cooperated fully with counsel for Defendant in terms of discovery prior to their depositions. 7. That Plaintiffs have supplied answers to two set of interrogatories and authorized the collection of over 1000 pages of medical records to date. 8. That Plaintiffs were advised by counsel for Defendant that he wanted Plaintiffs to submit to Independent Medical Examination in November of 2013. 9. That counsel for Plaintiff advised counsel for Defendant that Plaintiffs would make themselves available for an IME Immediately. 10. That to date no effort has been made to set an IME for either plaintiff. 11. That Defendant continues to gather medical records from as far back as ten years with no end in sight. STATUS OF DISCOVERY PROCEDURE 12. Plaintiffs have answered extensive interrogatories propounded by counsel for Defendant. 13. Plaintiffs have assisted and or consented to the acquisition of over 1000 pages of medical records regarding both plaintiffs. 14. That Plaintiffs depositions have been taken. 15. That Defendants deposition has been taken. • 16. That to date, notwithstanding their willingness to do so, Counsel for defendant has been unable, unwilling or refuses to set the requested IME's notwithstanding Plaintiffs full cooperation from as far back as November of 2013.. RELIEF REQUESTED 17. That this Honorable Court enter an order setting precise and reasonable deadlines for the conclusion of discovery. 18. That this court further order that Plaintiffs IME's be scheduled forthwith. IDENTIFICATION OF PARTIES AND CERTIFICATION 19. Plaintiffs' Counsel Richard R. Gan Gan Law Group 2023 North Second Street Suite 203 Harrisburg, Pa 17110 717 648 -1098 20. Defendant's Counsel Seth Black, Esq. Summers, McDonnell 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 21. That Counsel for both parties have been collegial and cooperative to date. 22. That this discovery conference is not sought because of a discovery dispute. 23. That counsel for Plaintiff brings this motion due to the absolute need to set discovery deadlines as document and medical record acquisition has continued ad nauseum with no end in sight. 24. That further, if Defendant seeks to have IME's conducted on Plaintiffs, this needs to be set at this time. 25. Counsel for Plaintiff reasonably believes that a conference with the court would require no more than fifteen (15) minutes. 26. Counsel for Defendant has been advised of this motion. WHEREFORE, Plaintiffs Michael Schrim and Patrick Schrim, respectfully request that the Court Schedule a discovery conference in this matter or issue an Order establishing a cutoff date for discovery and time period for the taking IME's of Plaintiff's Michael and Patrick Schrim. Date Respectfully submitted, GAN LAW GROUP Richard R. Gan, Esquire Attorney for Plaintiffs ID# 68721 Gan Law Group 2023 North Second Street, Suite 203 Harrisburg, PA 17110 (717) 648 -1098 MICHAEL SCHRIM : IN THE COURT OF COMMON PLEAS PATRICK SCHRIM HELEN R. KANE Plaintiffs , : OF CUMBERLAND COUNTY, PA v. : NO.2012 -1224 : CIVIL ACTION -JURY TRIAL DEMANDED Defendant. CERTIFICATE OF SERVICE I, Richard R. Gan, Esquire, do hereby certify that on the 26th day of March, 2014, I caused a true and correct copy of the motion for discovery conference upon the following individual(s) in compliance with Pa.R.C.P. 400 et seq. Mr. Seth Black, Esq. Summers, McDonnell 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Respectfully submitted, GAN LAW GROUP chard R. Gan, Esquire Attorney for Plaintiff ID #68721 Gan Law Group 2023 North Second Street Suite 203 Harrisburg, PA 17110 (717)648 -1098 MICHAEL SCHRIM, PATRICK SCHRIM, PLAINTIFFS V. HELEN R. KANE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DEFENDANT : NO. 12 -1224 CIVIL ORDER OF COURT AND NOW, this 10th day of April, 2014, upon consideration of the Plaintiff's Motion for Discovery Conference; IT IS HEREBY ORDERED AND DIRECTED that a case scheduling conference will be held on Wednesday, April 30, 2014, at 2:30 p.m. in Chambers of Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. Richard R. Gan, Esquire Attorney for Plaintiffs ./Seth Black, Esquire Attorney for Defendant bas Cry p'i2iLwL c7-7 a 4/// 6// Ci rrl yl L" r'v