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HomeMy WebLinkAbout12-1590RACHEL M. RHOADS 1602 Spring Road Carlisle, PA 17013, Plaintiff V. NORTH MIDDLETOWN TOWNSHIP 2051 Spring Road Carlisle, PA 17013 and JAMES L. PETERSON, individually and in his official capacity as a police officer of North Middletown Township, 2501 Spring Road Carlisle, PA 17013, Defendants TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF SUMMONS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. CIVIL TERM CIVIL ACTION - LAW ?w 5D ;y..: rC- Please issue a Writ of Summons against the defendants in the above-captioned action. The Writ shall be issued and forwarded to the Sheriff of Cumberland County for service upon Defendants. _ > Dean F. Piermattei, Esquire RHOADS & SINON LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff _.m T C?,Sigtiature ttorney Supreme Court ID No. 53847 Date: March 9, 2012 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary /,C .3 / IV/- 942648 A ., zlhylr SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy i 4 ? ? t , Richard W Stewart Solicitor K l r!a?-dt? `b` Rachel M. Rhoads Case Number vs. 2012-1590 North Middleton Township (et al.) SHERIFF'S RETURN OF SERVICE 03/28/2012 10:55 AM - William Cline, Corporal, who being duly sworn according to law, states that on March 28, 2012 at 1055 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: North Middleton Township, by making known unto Annette McKillip, Administrative Assistant for North Middleton Township at 2051 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct py f the same. ILLIAM CLINE, DEPUTY 03/28/2012 10:55 AM - William Cline, Corporal, who being duly sworn according to law, states that on March 28, 2012 at 1055 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: James L. Peterson, Individually and in his Official Capacity as a Police Officer of North Middleton Township, by making known unto himself personally, at 2051 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally t said true and correct copy of the same. LLIAM CLINE, DEPUTY SHERIFF COST: $50A5 March 30, 2012 SO ANSWERS, RON ~ R ANDERSON, SHERIFF ZIRULNIK SHERLOCK & DEMILLE By: John D. Kearney, Esquire IDENTIFICATION NO.: 44207 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 Attorney for Defendants, North Middletown Township and James L. Peterson, individually and in his official capacity as a police officer of North Middletown Township RACHEL M. RHOADS Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NORTH MIDDLETOWN TOWNSHIP and JAMES L. PETERSON, individually and in his official capacity as a police officer of North Middletown Township Defendants. NO: 12-1590 ENTRY OFAPPEARANCE TO THE PROTHONOTARY.- w a? xr ??L c.n Kindly enter my Appearance on behalf of Defendants, North Middletown Township and James L. Peterson, individually and in his official capacity as a police officer of North Middletown Township, in the above- captioned case. Respectfully submitted, J . Kearney, E qu' e DEMAND FOR JURY TRL4L TO THE PROTHONOTARY: Defendant(s), North Middletown Township and James L. Peterson, individually and in his official capacity as a police officer of North Middletown Township, demand a jury trial consisting of twelve (12) members, in the above-captioned matter. Respectfully submitted, Dated: April 19, 2012 ZIRULNIK SHERLOCK & DEMILLE 91, -By: John D. Kearney, Esquire IDENTIFICATION NO.: 44207 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 Attorney for Defendants RACHEL M. RHOADS Plaintiff, V. NORTH MIDDLETOWN TOWNSHIP and JAMES L. PETERSON, individually and in his official capacity as a police officer of North Middletown Township Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 12-1590 RULE TO FILE COMPLAINT AND NOW, this 04 day of W4- , 2012 a Rule is hereby granted upon Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. ZIRULNIK SHERLOCK & DEMILLE `By: John D. Kearney, Esquire IDENTIFICATION NO.: 44207 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 Attorney for Defendants RACHEL M. RHOADS COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. NO: 12-1590 _ NORTH MIDDLETOWN TOWNSHIP `z r and JAMES L. PETERSON, individually and in --<> his official capacity as a police officer of North Middletown Township Defendants. ca PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY.- Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. Respectfully submitted, Jo D. Kearney, Esquire Dated: May 15, 2012 Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Plaintiff RACHEL M. RHOADS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v NORTH MIDDLETOWN TOWNSHIP and JAMES L. PETERSON, individually and in his official capacity as a police officer of North Middletown Township, CASE NO. 12-1590°' <:ae, T CIVIL ACTION - LAW CX) Defendants COMPLAINT NOW COMES Plaintiff, Rachel M. Rhoads, by her counsel, Rhoads & Sinon LLP, and files the within Complaint as follows: PARTIES 1. Plaintiff, Rachel M. Rhoads, is an adult individual who resides at 1602 Spring Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant James L. Peterson ("Peterson") is an adult individual whose place of employment is at 2051 Spring Road, Carlisle, Cumberland County, Pennsylvania. Peterson was at all relevant times a police officer for the North Middletown Township. 3. Defendant North Middletown Township is a political subdivision with a principal place of business of 2051 Spring Road, Carlisle, Cumberland County, Pennsylvania. FACTS 4. On September 28, 2011 at approximately 1:25 p.m., Plaintiff, Rachel Rhoads ("Ms. Rhoads"), was traveling north on Cavalry Road, North Middleton Township, Cumberland County, Pennsylvania. At the same time and place, Defendant, James L. Peterson ("Peterson"), in his capacity as a police officer for the Township of North Middleton, was driving one of the Township of North Middleton's motor vehicles while traveling south on Cavalry Road in the Township of North Middleton, Cumberland County, Pennsylvania. 6. Peterson suddenly turned into Ms. Rhoads lane of travel, striking Ms. Rhoads vehicle. 7. Peterson failed to engage his lights or sirens, as required, before attempting to make a u-turn on Cavalry Road to follow a suspicious vehicle. 8. As a direct and proximate cause of the aforesaid collision and Defendants' negligence, Plaintiff Rachel M. Rhoads suffered physical and personal injuries as described herein. COUNT I - NEGLIGENCE (Rachel M. Rhoads v. James L. Peterson) 9. The averments of paragraphs 1 through 8 are incorporated herein as if fully set forth. 10. Plaintiff's injuries were caused by the negligence, carelessness and reckless disregard of Defendant consisting of the following: a. failure to keep his vehicle under proper and adequate control at the time of the accident so as to avoid colliding with Plaintiff's vehicle; b. failure to use appropriate and due care for the rights, safety, and position of Plaintiff Ms. Rhoads who was appropriately positioned in her lane of travel; c. failure to safely turn his vehicle to proceed in the opposite direction without interfering with other traffic as required by 75 Pa. C.S. §3332; d. failure to keep his vehicle under such control as to allow him to bring the vehicle to stop immediately at the first sign of danger; e. driving in a reckless and careless manner; f. failure to activate lights, sirens and other warning apparatus as required by 75 Pa. C.S. § 3105(c); g. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S. § 3736(a); h. making an illegal u-turn; and i. improperly crossing into Plaintiffs lane of travel and causing an accident. 11. As a direct and proximate result of the conduct of Defendant, Plaintiff, Ms. Rhoads, suffered and continues to suffer painful injuries including, but not limited to, the following: a. Lumbar strains; b. Lumbar sprains; c. Cervical strains; d. Cervical sprains; e. Pain and suffering; f. Possible permanent injury 12. As a direct and proximate result of the injuries sustained, Plaintiff Ms. Rhoads has been required to restrict her normal work, recreational, and household routines. 13. As a direct and proximate result of the injures described herein, Plaintiff Ms. Rhoads suffered, and will continue to suffer, great pain and discomfort, sustained medical and other expenses, and was required to seek medical attention and physical therapy, all to her detriment and loss, which are claimed as damages herein, as well as all damages allowed by Pennsylvania law. 14. As a direct and proximate result of the injuries described herein, Plaintiff Ms. Rhoads has been unable to enjoy the usual activities of life of a physically active individual her age, and has suffered a loss of earnings, a loss of future earnings, a loss of enjoyment of life, loss of happiness, pain, suffering, and emotional upset. 15. As a direct and proximate result of the injuries sustained and the negligence of the Defendant, Plaintiff Ms. Rhoads is at risk for future medical complications and may, in the future, suffer additional medical symptoms, expenses, losses and damages, including pain, suffering, emotional upset, and the loss of life's pleasures, which are claimed as damages herein, as well as all damages allowed by Pennsylvania law. WHEREFORE, Plaintiff, Rachel M. Rhoads, demands judgment against Defendant, James L. Peterson, in an amount which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R. Civ. P. 1021(c) together with interest, costs of suit, and delay damages, if applicable, and all damages permitted under Pennsylvania law. COUNT II - NEGLIGENCE PER SE (Rachel M. Rhoads v. James L. Peterson) 16. The averments of paragraphs 1 through 15 are incorporated herein as if fully set forth. 17. Defendant has violated the Pennsylvania Vehicle Code which prohibits traveling in a reckless manner in violation of 75 Pa. C.S. § 3736, failure to safely turn his vehicle so as to proceed in the opposite direction without interfering with other traffic in violation of 75 Pa. C.S. §3332 and failing to engage emergency apparatus such as lights and sirens when in pursuit of an actual or suspected violator of the law in violation of 75 Pa. C.S. § 3105. 18. Such actions constitute negligence per se and Defendant breached his duty to Plaintiff Ms. Rhoads. 19. Plaintiff Ms. Rhoads has been damaged as a result of Defendant's negligence as set forth above. WHEREFORE, Plaintiff, Rachel M. Rhoads demands judgment against Defendant, James L. Peterson, in an amount which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R. Civ. P. 1021(c) together with interest, costs of suit, and delay damages, if applicable, and all damages permitted under Pennsylvania law. COUNT III - RESPONDEAT SUPERIOR (Rachel M. Rhoads v. Township of North Middleton) 20. The averments of paragraphs 1 through 19 are incorporated herein as if fully set forth. 21. At all relevant times, Defendant Peterson was acting within the course and scope of his employment as a police officer with Defendant Township of North Middleton. 22. The Township of North Middleton is vicariously liable for the negligent acts of Defendant Peterson as set forth above, which were all within the course and scope of his employment with the Township of North Middleton. WHEREFORE, Plaintiff, Rachel M. Rhoads, demands judgment against Defendant, Township of North Middleton, in an amount which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R. Civ. P. 1021(c) together with interest, costs of suit, and delay damages, if applicable, and all damages permitted under Pennsylvania law. Respectfully submitted, RHOADS & SINON LLP By: ea I ire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Rachel M. Rhoads VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of my lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and, to the extent that the Complaint is based on information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. RACHEL OADS Dated: (90-9112 Tom' Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Plaintiff RACHEL M. RHOADS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NORTH MIDDLETOWN TOWNSHIP CASE NO. 12-1590 CIVIL ACTION - LAW and JAMES L. PETERSON, individually and in his official capacity as a police officer of North Middletown Township, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR YOU CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 CERTIFICATE OF SERVICE 41, I hereby certify that on this ? - day of June, 2012, a true and correct copy of the foregoing "Complaint" was served by means of United States mail, first class, postage prepaid, upon the following: John D. Kearney, Esquire Zirulnik Sherlock & Demille 309 Fellowship Road, Ste. 330 Mount Laurel, NJ 08054 (Attorney for Defendants) 1 ZIRULNIK SHERLOCK & DEMILLE By: John D. Kearney, Esquire IDENTIFICATION NO. 44207 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 Attorney for Defendants, North Middletown Township and James L. Peterson NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed pleading within twenty (20) days from service hereof or a judgment may be entered against you. RACHEL M. RHOADS Plaintiff, V. NORTH MIDDLETOWN TOWNSHIP and JAMES L. PETERSON, individually and in his official capacity as a police officer of North Middletown Township Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 12-1590 n V r? mac:. T., h.,7 ' C:) CA3 0 rv DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER'. 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained this paragraph of Plaintiff s Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained this paragraph of Plaintiff s Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. rri r- c 5. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff s Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 6. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained this paragraph of Plaintiff s Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 7. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained this paragraph of Plaintiff s Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. Moreover, the allegations contained in this paragraph of Plaintiff s Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained this paragraph of Plaintiffs Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. Moreover, the allegations contained in this paragraph of Plaintiff s Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. COUNTI 9. Answering Defendants hereby incorporate by reference the answers given to paragraphs 1 through 8 inclusive as though same were set forth fully hereinafter. 10. Denied. The allegations contained in this paragraph of Plaintiff s Complaint conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. 11. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained this paragraph of Plaintiff s Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 12. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained i this paragraph of Plaintiff s Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 13. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained this paragraph of Plaintiffs Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 14. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained i this paragraph of Plaintiff s Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. 15. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff s Complaint and, therefore, Answering Defendants deny the allegations and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants demand judgment in its favor and against the Plaintiff. COUNT II 16. Answering Defendants hereby incorporate by reference the answers given to paragraphs 1 through 15 inclusive as though same were set forth fully hereinafter. 17. Denied. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. 18. Denied. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. 19. Denied. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. WHEREFORE, Answering Defendants demand judgment in its favor and against the Plaintiff. COUNT III 20. Answering Defendants hereby incorporate by reference the answers given to paragraphs 1 through 19 inclusive as though same were set forth fully hereinafter. 21. Denied. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. 22. Denied. The allegations contained in this paragraph of Plaintiff s Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. Strict proof of these averments is demanded at trial. WHEREFORE, Answering Defendants demand judgment in its favor and against the Plaintiff. NEW MATTER 23. If it is determined that Answering Defendants are liable on the Plaintiffs cause action, Answering Defendants aver that Plaintiffs recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. § 7102. 24. It is further averred that if Plaintiff suffered any injuries or damages as alleged, they were caused solely and primarily by Plaintiffs own carelessness, recklessness and negligence. 25. a. Answering defendants assert all of the defenses, immunities and limitations damages available to it under the Political Subdivision Tort Claims Act and avers that the remedies are limited exclusively thereto. Act of November 25, 1978, No. 330, P.L. 1399, 59 P.S. § 5311.101, et. sea. b. Answering defendants assert all of the defenses, immunities and limitations damages available to it under the Political Subdivision Tort Claims Act and aver that the remedies are limited exclusively thereto. Act of October 5, 1980, No. 142, P.L. 693, 42 Pa. C.S.A. 8541, et. sea. It is averred that the plaintiff failed to give answering defendants the six (6) months written notice of the alleged claim as required by the Act October 5, 1980 No. 14: P.L. 693, 42 Pa. C.S.A. § 8541, et. sea, and 42 Pa C.S.A. § 5522, whereby said claim is barred. d. The Political Subdivision Tort Claims Act, 53 P.S. § 5311.101, et. seq. and 42 Pa. C.S.A. § 8541, et. seq., provisions that a political subdivision shall not be liable any damages on account of any injury to a person or property caused by an act or omission of political subdivision or an employee thereof, unless said injury occurs as a result of one of the eight (8) activities enumerated in the said act. The activities of answering defendants averred plaintiff s Complaint are clearly not included in the above mentioned eight (8) categories. Therefore, it is averred that plaintiff s Complaint fails to state a cause of action upon which re can be granted pursuant to the Political Subdivision Tort Claims Act aforementioned. 26. It is further averred by Answering Defendants that if Plaintiff suffered any injuri?s or damages as alleged, said Plaintiff by her conduct assumed the risk of those injuries or damages. 27. Answering Defendants assert all of the defenses, limitations and exclusions available under the Motor Vehicle Financial Responsibility Law, 75 Pa. C. S. § 1701, et sec ., avers that the Plaintiffs remedies are limited exclusively thereto, and, therefore, the present action is barred. 28. It is further averred by Answering Defendants that the Plaintiff in the present action violated the provisions of the Pennsylvania Motor Vehicle Code and, therefore, said accident was caused solely by the negligence, recklessness and carelessness of said Plaintiff. 29. It is further averred by Answering Defendants that the Plaintiffs cause of action i barred by the appropriate Statute of Limitations. 30. The claimed injuries were not caused by the accident described in the Complaint. 31. Plaintiff failed to mitigate her damages ZIRULNIK SHERLOCK & DeMILLE Jo4f Q. Kearney, Dated: July 27, 2012 `-- VERIFICATION I, JOHN D. KEARNEY, ESQUIRE, hereby state that I am the attorney for the the within action and verify that the averments or denials of facts contained in the foregoing are e based upon my personal knowledge, information and belief. If the foregoing contains averments which are inconsistent in fact, I have been unable, after reasonable investigation, to ascertain whi h of the inconsistent averments are true, but do have knowledge and information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa. C.S. . § 4904 relating to unsworn falsification to authorities. Dated: July 27, 2012 CERTIFICATE OF SERVICE I, John D. Kearney, Esquire, hereby certify that on July 27, 2012, I forwarded a true and correct copy of Defendants' Answer to Plaintiff's Complaint with New Matter to all parties li below via United States First Class Mail, postage prepaid: Dean Piermattei, Esquire RHOADS & SINON LLP 12th Floor, One South Market Square P.O. Box 1146 Harrisburg, PA 17108 Kearney, ZIRULNIK SHERLOCK & DEMILLE Bye John D. Kearney, Esquire IDENTIFICATION NO.: 44207 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 North Middletown Township and North Middletown Township Attorney for Defendants , RACHEL M. RHOADS COURT OF COMMON PLEASrn Plaintiff, CUMBERLAND COUNTY :z V. NO: 12-1590 `CCD "O =C:) T' i!? C) a NORTH MIDDLETOWN TOWNSHIP _ . an JAMES L. PETERSON, individually and in his official capacity as a police officer of North Middletown Township Defendants. PR,4ECIPE FOR SUBSTITUTION OF VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verifications for that of counsel with regard to Defendants' Alnswer to Plaintiff's Complaint. Respectfully submitted, U?? 1--Y Jo .Kearney, Esquire Dated: August 6, 2012 VERIFICATION for North Middleton Township in the I, Deborah Ealer, hereby state that I am the Township Manager New within action and verifies that the statements or denials made in the foregoing Answer with and correct to the best of my knowledge, information and belief. The undersigned understa true statements made therein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn fa authorities. DE ORAH EALER Dated: 0 1 -3) / J1 I ar that the to VERIFICATION I, James L. Peterson, hereby state that I am the Defendant in the within action verifies that the statements or denials made in the foregoing Answer with New Matter, are and correct to the best of my knowledge, information and belief. The undersigned that the statements made therein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating unsworn falsification to authorities. Dated: Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & S1NON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Plaintiff RACHEL M. RHOADS, Plaintiff V NORTH MIDDLETOWN TOWNSHIP and JAMES L. PETERSON, individually and in his official capacity as a police officer of North Middletown Township, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 12-1590 CIVIL ACTION - LAW -C 10 -n +S c-x) Defendants PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER NOW COMES Plaintiff, Rachel M. Rhoads, by and through her attorneys, Rhoads & Sinon LLP, and files the within Reply to New Matter of Defendants, and in support thereof, avers the following: REPLY TO NEW MATTER 23-31 Denied. These paragraphs contain conclusions of law and no response is required. By further response, to the extent that these paragraphs contain allegation of facts, they are specifically denied and proof is demanded at trial. Moreover, it is impermissible under the Rules of Civil Procedure to allege vague and all-inclusive defenses which may or may not be relevant and available. WHEREFORE, Plaintiff, Rachel M. Rhoads, demands judgment in her favor and against Defendants in an amount in excess of $50,000, together with interest and costs of these proceedings as allowed by law. Respectfully submitted, RHOADS & SMON LLP By: attei, Esquire ne South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Rachel M. Rhoads CERTIFICATE OF SERVICE I hereby certify that on this $th day of August, 2012, a true and correct copy of the foregoing "Reply to New Matter" was served by means of United States mail, first class, postage prepaid, upon the following: John D. Kearney, Esquire Zirulnik Sherlock & Demille 309 Fellowship Road, Ste. 330 Mount Laurel, NJ 08054 (Attorney for Defendants) l Dean F. Piermattei, Esquire Attorney ID No. 53847 Jill N. Weikert, Esquire Attorney ID No. 208055 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Plaintiff RACHEL M. RHOADS Plaintiff V. NORTH MIDDLETON TOWNSHIP and JAMES L. PETERSON, individually and in his official capacity as a police officer of North Middletown Township, Defendants ) ) ) ) ) ) ) CASE NO. 12-1590 ) ) ) ) ) ) ) ) ) ) ) r: 7 .. r 0 OFFIC L 1? 11-i 0 21,7 5 411 [0: C (111 R A ND CO UN T PENNS YLVA N/4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PLAINTIFF'S OBJECTIONS TO DEFENDANTS' SUBPOENAS DIRECTED TO ALLBETTER URGENT CARE CENTER, DRAYER PHYSICAL THERAPY INSTITUTE, YELLOW BREECHES FAMILY PRACTICE, AND STATE FARM INSURANCE COMPANY Plaintiff, Rachel M. Rhoads, by and through her counsel, Rhoads & Sinon LLP, object to the proposed subpoenas that are attached to these objections as Exhibit "A", for the following reasons: 1. On or about February 18, 2014, Defendants served a Notice of Intent to Serve Subpoenas to Produce Documents for Discovery pursuant to Rule 4009.22 directed to (1) AllBetter Urgent Care Center; (2) Drayer Physical Therapy Institute; and (3) Yellow Breeches Family Practice in the nature of "any and all medical records" of Plaintiff, Rachel M. Rhoads. 938957,1 2. Specifically, Defendants' Subpoenas, as above described, requested the following: A. &U0etter Urgent Care Center: "Any and all medical records pertaining to Rachel Rhoads.....(DOB: 10/06/1987)" B. Drayer Physical Therapy Institute: "Any and all medical records pertaining to Rachel Rhoads.....(DOB: 10/06/1987)` C. Yellow Breeches Family Practice: "Any and all medical records pertaining to Rachel Rhoudo..—(D[B: 10/06/1987)` 3. Plaintiff objects to the subpoenas issued to the aforementioned providers because the requests, as framed, are overbroad and objectionable. The requests for medical records should be limited to those concerning the accident of Sept mnhrr 28, 2011, and no more than five years prior thereto (September 28, 2006). 4. Also, Defendant served a Notice of Intent to Serve Subpoenas to Produce Documents And Things and Subpoena to Produce Documents or Things For Discovery Pursuant to Rule 4009.22 directed to State Farm Insurance Company in the nature of "any and all claims records" of Plaintiff Rachel Rhoads. 5. Specifically, Defendant's Subpoena, as above described, requested the following: "any and all claims records, reports, memos, documents, billing records, any written information contained in file regarding claim #35045H246; Policy #654391338}~". 2 6. Plaintiff objects to the subpoena issued to the aforementioned facility because the request, as framed, is irrelevant, overbroad and objectionable. 7. Finally, Plaintiff objects to the subpoenas as invalid because they are issued from Dauphin County and there is no action filed in Dauphin County relative to this case. Respectfully submitted, RHOADS & SINON LLP 3 1, Esquire ert, Esquire e South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 637096.1 EXHIBIT "A' CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 Online Services www.cclrinc.com RACHEL M. RHOADS 1'C/1LnL -� M. vs. NORTH MIDDLETON TOWNSHIP IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY No. 12 -1590 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DEAN A. PIERMATTEI, ESQUIRE RHOADS & SINON, LLP ONE SOUTH MARKET SQUARE 12TH FLOOR PO BOX 1146 HARRISBURG, PA 17108 Please take notice there has been a request by JOHN KEARNEY, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to RACHEL RHOADS. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: February 18, 2014 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Intent to Serve Subpoenas was served upon the below listed counsel on this date by First Class United States Mail: DEAN A. PIERMATTEI, ESQUIRE RHOADS & SINON, LLP ONE SOUTH MARKET SQUARE 12TH FLOOR HARRISBURG, PA 17108 Dated: 2/18/2014 By: JOHN KEARNEY /S JOHN KEARNEY, ESQUIRE Counsel for Defendant CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (21 5)732 -5637 Online Services www.cclrinc.com RACHEL M. RHOADS vs. NORTH MIDDLETON TOWNSHIP • CCLR File NO. 14- 01116MS/R COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 2/18/2014 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X -Rays sent to me. (3) OBJECTION In accordance to rules governing civil procedure a copy of date /time stamped filing needs to be sent to Center City Legal Reproductions prior to 3/10/2014. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before deciding whether to order a copy. 2014 Copy Fees /Per Location Administrative Fee $17.00 Pages 1 -20 $.95 Pages 21 -60 $.65 Pages 61 & Above $.20 Date: yes / no yes /no yes / no Attorney for plaintiff(s) / defendant(s) DEAN A. PIERMATTEI, ESQUIRE RHOADS & SINON, LLP ONE SOUTH MARKET SQUARE 12TH FLOOR PO BOX 1146 HARRISBURG, PA 17108 REQUEST FOR FILE NUMBER: 14- 01116MS/R Type: SUBPOENA - OTHER PA COUNTY Date of Request: 2/12/2014 Date Records Due: 3/26/2014 County /District: DAUPHIN Case #: 12 -1590 RACHEL M. RHOADS VS NORTH MIDDLETON TOWNSHIP Claim #: 21136627 Requester: JOHN KEARNEY, ESQUIRE ZIRULNIK, SHERLOCK & DEMILLE Address: 309 FELLOWSHIP ROAD SUITE 330 Firm: MOUNT LAUREL; NJ 08054 Phone: (856)778 -3220 Additional Counsel on Request Attorney: DEAN A. PIERMATTEI, ESQUIRE Phone: ( ) - Firm: RHOADS & SINON, LLP Fax: ( ) - Represents: PLAINTIFF REQUEST FOR FILE NUMBER: 14-01116&1S/R Detail for ALL DEPONENTS on Request Deponent: ALL BETTER URGENT CARE CENTER Phone: ) - Department: MEDICAL RECORDS DEPT Fax: ( ) - Address: 6481 CARLISLE PIKE Contact: MECHANICSBURG, PA 17050 Description Of Rmc, '��� ' • -; RESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO RACHEL RHOADS. ** CERTiFICATION PAGE MUST BE SIGNED AND DATED ** Deponent: DRAYER PHYSICAL THERAPY INSTITUTE Phone: (717)270-5465 Department: MEDICAL RECORDS DEPT Fax: ( ) - Address: 720 PHYSICAL THERAPY INSTITUTE Contact: LEBANON, PA 17042 Description Of Records:-/C,NY AND ALL MEDICAL R ORDS, BILLING RECORDS AND FILMS, REPORTS, ESTPROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO RACHEL RHOADS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED** Deponent: STATE FARM INSURANCE COMPANY Phone: (610)358-700Department: CLAIMS DEPARTMENT Fax: ( ) - Address: P.O. BOX 1UG1O5 - &\ r~ Contact: AT�N�^GA3�4 Description Of Recor ^ AND ALL RDS, REPORTS, MEMOS, DOCUMENTS, BILLING ECORD'S ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING #38045H246; POLICY 1338L. ** CERTIFICATION PAGE SIGNED Deponent: YELLOW BREECHES FAMILY PRACTICE Phone: ) - Department: MEDICAL RECORDS DEPT Fox: ( ) - Address: 1358 LUTZTOWN ROAD Contact: BOILINGS SPRINGS, PA 17007 Description Of Reco ds: ANY-AND ALL MEDICAL RECORDS, INCLUDING BILLING RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO RACHEL RHOADS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** CONL IONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN RACHEL M. RHOADS VS NORTH MIDDLETON TOWNSHIP File No. 1 2-1 59 0 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ALL BETTER URGENT CARE CENTER MEDICAL RECORDS DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ** *SEE ATTACHED ADDENDUM * ** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME :JOHN KEARNEY, ESQUIRE ADDRESS: CC,, Inc. TELEPHONE `:.315 Walnut Streg`ts Ste. 601 Philadelphia, PA I9101 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE : Seal of the Court By the Court: • Prothono —�—* Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-01116MS/R ************************** ADDENDUM TO SUBPOENA ************************** To: ALL BETTER URGENT CARE CENTER - MEDICAL RECORDS DEPT Re: RACHEL RHOADS ANY AND ALL MEDICAL RECORDS, INCLUDING BILLING RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO RACHEL RHOADS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 10/06/1987) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN RACHEL M. RHOADS VS NORTH MIDDLETON TOWNSHIP File No. 1 2-1 5 9 0 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DRAYER PHYSICAL THERAPY INSTITUTE—MEDICAL RECORDS DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** CENTER CITY LEGAL REPRODUCTIONS, INC. at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWLNG PERSON: NANmoHN KEARNEY, ESQUIRE ADDRESS: CCLR, Inc. 1315 Walnut Street, Stc. 601 1ELEPHONE : acllphi PA )lPhile ift;*7 SUPREME COURT m # 215-732-1177 Al IORNEY FOR: DEFENDANT DATE: Seal of the Court Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 01116MS/R * * * * * ** * * **** **** *** ** **** ADDENDUM TO SUBPOENA * * * * * * * * * * * * * * * * * * * * * * * * ** To: DRAYER PHYSICAL THERAPY INSTITUTE - MEDICAL RECORDS DEPT Re: RACHEL RHOADS ANY AND ALL MEDICAL RECORDS, BILLING RECORDS AND FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO RACHEL RHOADS.** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 10/06/1987) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN RACHEL M. RHOADS VS NORTH MIDDLETON TOWNSHIP File No. 12-1590 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: STATE FARM INSURANCE COMPANY—CLAIMS DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or prodtice things requested by this subpoena, togeth . with the certificate of compliance, to the party making this request at the address listed above. You have the rig to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its servic the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN KEARNEY, ESQUIRE ADDRESS: CCLR, Inc. TELEPHONE 1315 Walnut Street, Ste. 601 Philadelphia, PA 19107 sismovrEcouRTED#233.7311177 ATTORNEY FOR: DEFENDANT By the Court: DATE : Seal of the Court Prothono ary ./77 Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 01116MS/R * * **** **** * * ** * ** ***** * *** ADDENDUM TO SUBPOENA * * * * * * * * * * * * * * * * * * * * * * * * ** To: STATE FARM INSURANCE COMPANY - CLAIMS DEPARTMENT Re: RACHEL RHOADS ANY AND ALL CLAIMS RECORDS, REPORTS, MEMOS, DOCUMENTS, BILLING RECORDS, ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING CLAIM #38045H246; POLICY #654391338L. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN RACHEE.:M‘, RHOADS-',_ 1 2 -1 5 9 0 vs File No. NORTH MIDDLETON TOWNSHIP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Ylid.LOW BREECHES FAMILY PRACTICE—MEDICAL RECORDS DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, tQgeth c with the certificate of compliance, to the party making this request at the address listed above. You have the rigi to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its servic the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN KEARNEY, ESQUIRE ADDRESS: CCLIZ., 315 Walnut Street., St. 601 ThLEPHONTE : "iddicipilia, PA 19:i.iTY SUPREME COURT ID # 215-7324177 Al IORNEY FOR: DEFENDANT DATE : Seal of the Court Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 01116MS/R * * * * * * * ***** *** ** ****** *** ADDENDUM TO SUBPOENA * * * * * * * * * * * * * * * * * * * * * * * * ** To: YELLOW BREECHES FAMILY PRACTICE - MEDICAL RECORDS DEPT Re: RACHEL RHOADS ANY AND ALL MEDICAL RECORDS, INCLUDING BILLING RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO RACHEL RHOADS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 10/06/1987) CERTIFICATE OF SERVICE I hereby certify that on this 6th day of March, 2014, a true and correct copy of the foregoing "Plaintiffs Objections to Defendants' Subpoenas Directed to AliBetter Urgent Care Center, Drayer Physical Therapy Institute, Yellow Breeches Family Practice, and State Farm Insurance Company" was served by means of United States mail, first class, postage prepaid, upon the following: John D. Kearney, Esquire Zirulnik Sherlock & Demille 309 Fellowship Road, Ste. 330 Mount Laurel, NJ 08054 (Attorney for Defendants) avou XV.1Q44/Actavit CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas Vic) RACHEL RHOADS Cumberland County <r - VS - k7 r.., 14-07818ES/R C; NORTH MIDDLETOWN TOWNSHIP No. 12-1590 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of JOHN KEARNEY, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). DATE: 10/20/2014 JOHN KEARNEY, ESQUIRE Counsel for Defendant CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com RACHEL RHOADS VS. NORTH MIDDLETOWN TOWNSHIP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 12-1590 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DEAN A. PIERMATTEI, ESQUIRE RHOADS & SINON, LLP ONE SOUTH MARKET SQUARE 12TH FLOOR PO BOX 1146 HARRISBURG, PA 17108 Please take notice there has been a request by JOHN KEARNEY, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to RACHEL RHOADS. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: September 30, 2014 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page CLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com RACHEL RHOADS vs. NORTH MIDDLETOWN TOWNSHIP COUNSEL RETURN PAGE • • CCLR File NO. 14-07818ES/R I have received the Notice of Records Reproduction Request dated 9/30/2014 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (Ordering records through CCLR is more cost effective than getting them from a provider or another service carrier - see rates below) (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X -Rays on CD sent to me. (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 10/20/2014. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before deciding whether to order a copy. 2014 Copy Fees/Per Location Administrative Fee Pages 1-20 Pages 21-60 Pages 61 & Above X -Rays on CD $18.00 $1.00 $.70 $.25 $25.00/CD Attorney for plaintiff(s) / defendant(s) DEAN A. PIERMATTEI, ESQUIRE RHOADS & SINON, LLP ONE SOUTH MARKET SQUARE 12TH FLOOR PO BOX 1146 HARRISBURG, PA 17108 If Billing is NOT to Firm (but to an insurance company, etc.), enter the bill -to information below: Bill -to Company: Adjuster Name: Claim Number:: Address: yes / no yes / no Date ZIRULNIK SHERLOCK & DEMILLE By: John D. Kearney, Esquire _ IDENTIFICATION NO.: 44207 309 Fellowship Road, Suite 330 Mt. Laurel,NJ 08054 Attorney for Defendants,North Middletown Township and James L. Peterson RACHEL M. RHOADS : COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY • v. : NO: 12-1590 NORTH MIDDLETOWN TOWNSHIP • and • JAMES L. PETERSON, individually and in : his official capacity as a police officer of North Middletown Township • Defendants • MOTION OF DEFENDANTS, NORTH MIDDLETON TOWNSHIP AND JAMES L. PETERSON, TO COMPEL PLAINTIFF'S EXECUTION OF AUTHORIZATION Defendants, North Middleton Township and James L. Peterson [hereinafter "moving defendants"], hereby move this Honorable Court to enter an Order pursuant to Pa. R.C.P. 4019 compelling plaintiff to sign an authorization in this matter. In support of this Motion moving defendants aver the following: 1. This litigation arises from a motor vehicle accident that occurred on September 28, 2011. 2. Plaintiff claims to have suffered serious and permanent injuries as a result of this accident. 3. On November 12,2014,Moving Defendants,through a records service,requested that Plaintiff execute an authorization for the release of records from Yellow Breeches Family Practice. (See a true and correct copy of the letter sent from Center City Legal Reproductions, Inc. to Plaintiffs' counsel dated November 12, 2014 attached hereto as Exhibit "A") 4. On November 25, 2014, Moving Defendants again, through its records service, requested that Plaintiff execute an authorization for Social Security Administration. (See a true and correct copy of the letter sent from Center City Legal Reproductions, Inc., to Plaintiffs' counsel dated November 25, 2014 attached hereto as Exhibit "B".) 5. On November 17,2014 defendants' counsel sent a letter requesting that Plaintiff sign an Authorization. (See letter attached hereto marked as Exhibit"C".) 6. To date, plaintiff's counsel has failed to provide the requested authorization. 7. Moving Defendants are entitled to the aforesaid executed authorization and Plaintiff has failed to file any objection to said discovery request. 8. Moving Defendants are also severely prejudiced without said authorization because it prevents them from defending against the Plaintiff's damages claims. WHEREFORE, Defendants,Matthew J.Rosato and All American Landscapes,LLC, respectfully request this Honorable Court enter an Order compelling Plaintiff, Rachel Rhoads, to provide an executed authorization for the release of records from Social Security Administration,within ten(10)days hereof or risk sanctions upon further application of the Court. ZIRULNIK, ERLOC & DEMILLE By: di, tr, .� •'. D. KEA'I Y, SQ RE VERIFICATION John D.Kearney,Esquire,hereby states that I am the attorney for the defendants in the within action and verifies that the averments or denials of facts contained in the foregoing Motion to Compel are true based upon his personal knowledge,information and belief. If the foregoing contains averments which are inconsistent in fact, I have been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but do have knowledge and information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa. C.S.A. ❑ 4904 relating to unsworn falsification to authorities. ✓ JO ►4 �. KEARN , .QUI'( Dated: )a/1 '2/) / ZIRULNIK SHERLOCK & DEMILLE • By: John D. Kearney, Esquire IDENTIFICATION NO.: 44207 309 Fellowship Road, Suite 330 Mt. Laurel,NJ 08054 Attorney for Defendants,North Middletown Township and James L. Peterson RACHEL M. RHOADS : COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY • • v. : NO: 12-1590 • NORTH MIDDLETOWN TOWNSHIP • and • JAMES L. PETERSON, individually and in : his official capacity as a police officer of North : Middletown Township Defendants • CERTIFICATE OF SERVICE The undersigned certifies that on December 16, 2014 a true and correct copy of defendants, North Middletown Township and James L.Peterson,was served by United States mail,first class,postage prepaid and by facsimile, upon all counsel of record as follows: RHOADS & SINON LLP Dean Piermattei, Esquire 12th Floor, One South Market Square P.O. Box 1146 Harrisburg, PA 17108 Respectfully submitted, Allt• A JO i1KEARN' • , ES t '� ZIRULNIK SHERLOCK & DEMILLE By: John D. Kearney, Esquire IDENTIFICATION NO.: 44207 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 Attorney for Defendants,North Middletown Township and James L. Peterson RACHEL M. RHOADS : COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY • v. : NO: 12-1590 NORTH MIDDLETOWN TOWNSHIP • and • JAMES L. PETERSON, individually and in : his official capacity as a police officer of North : Middletown Township Defendants • ATTORNEY CERTIFICATION OF GOOD FAITH The undersigned counsel for movant hereby certifies and attest that Ma. He or she has had the contacts described below with opposing counsel or unrepresented party regarding discovery matter contained in the forgoing discovery motion in an effort to resolve the specific discovery dispute at issues and, further, that despite counsel's good faith attempts to resolve the dispute(s), counsel have been unable to do so. See Exhibit Attached hereto. b. He or she has made a good faith effort but unsuccessful efforts described below to contact opposing counsel or unrepresented party in an effort to resolved the discovery dispute. CERTIFIED TO THE COURT BY: Date: )0-)) )`� By: / EL D. KEA', 'Y, ESP •IRE EXHIBIT "A" memomim Center City Legal Reproductions, Inc. 'CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 Iwo (215)732-1177 fax (215)732-5637 November 12, 2014 CCLR File No. 14-07818ES/R DEAN A. PIERMATTEI, ESQUIRE RHOADS & SINON, LLP ONE SOUTH MARKET SQUARE 12TH FLOOR PO BOX 1146 HARRISBURG, PA 17108 RECORDS RE: RACHEL RHOADS RECORDS FROM: YELLOW BREECHES FAMILY PRACTICE REQUESTED BY: JOHN KEARNEY, ESQUIRE Dear DEAN A. PIERMATTEI, ESQUIRE The above-referenced provider will not honor the request for records, because they require an Authorization signed by your client. By carbon copy of this letter, we are advising all counsel that as soon as we receive the Authorization from you, we can then continue to process the request. Thank you in advance for your much needed and anticipated cooperation in this matter. Sincerely, EU,s,14-a• So-i-o- ELISHA SOTO (215)790-5729 (Phone) (267)800-1l (Fax) CCLR Representative esoto@cclrinc.com cc: JOHN KEARNEY, ESQUIRE AUTHORIZATION TO USE AND DISCLOSE PROTECTED HEALTH INFORMATION Patient Name: RACHEL RHOADS DOB: 10/06/1987 Address: 1602 SPRING ROAD CARLISLE, PA 17013 ►, RACHEL RHOADS , authorize YELLOW BREECHES FAMILY PRACTICE (Patient or Legal Representative) (Name of physician/health care provider releasing records) to disclose to: Name: Center City Legal Reproductions, Inc. Address: 1315 Walnut Street Suite 601 Philadelphia, PA 19107 Phone: (215)732-1177 Date(s)of Service: Requested information (check all that apply): ❑ Abstract 0 Operative Reports 0 EKG/EEG Reports ❑ History and Physical 0 Radiology Reports 0 Cardiac Testing(Holter, Echo, Stress, etc.) ❑ Discharge Summary 0 Laboratory Reports 0 Behavioral Health Psychiatric Care ❑ Consultations ❑ Pathology Reports 0 Immunization Records ❑ Progress Notes ❑ Clinic Records ® Billing Records ❑ ER Record 0 Therapy Notes/Reports ® Other Films And: ❑ Entire Medical Record for specified date(s)of service: From: To: Or: ("Present"equals date of signature) ® Entire Medical Record I understand that information disclosed pursuant to this authorization may include information relating to the following,unless specifically restricted below: . Pychological/psychiatric conditions . Drug and/or alcohol abuse diagnosis and/or treatment ▪ HIV/AIDS diagnosis and/or testing Sexually transmitted diseasc(s)diagnosis and/or testing . Genetic testing List any restrictions: The purpose of the disclosure is: Litigation Redisclosure of Information: I understand that once information is disclosed pursuant to this authorization that the Health Insurance Portability and Accounting Act of 1996(HIPAA),45 C.F.R. Parts 160 and 164,protecting health information may not apply to the recipient of the information and, therefore, may not prohibit the recipient from re-disclosing it. Other laws, however,may prohibit redisclosure. Rights to Refuse to Sign this Authorization: I understand that generally the person(s)and/or organization(s) listed above who I am authorizing to use and/or disclose my information may not condition my treatment,payment, or elcgibility for health care benefits on my decision to sign this authorization. Right to Revoke: I undesrstarid that I may revoke this authorization in writing at any time except to the extent that action has been taken in reliance on it,or unless this authorization is given as a condition of obtaining health insurance coverage and the insurer has a legal right to contest the policy or a claim under the policy. To revoke this authorization, I will provide the Privacy Officer at the above listed physician/health care provider's office with a written revocation. Right to Inspect: I understand that I have the right to inspect the health information I have authorized to be used or disclosed by this authorization Corm. Right to Receive a Copy of Authorization: I understand that if I agree to sign this authorization, I must be provided with a signed copy of this form if I so request. Expiration Date: This authorization is in effect until Completion of Case(I understand that unless I provide a written revocation at an earlier date, this authorization will expire in one year.) Signature of Patient or Legal Representative(s): Date: / / (Note: If patient is a minor child, both parents may he required to sign) Printed Name(s): Relationship to Patient: (if signed by other than patient) Revised 07/01/13 EXHIBIT "B" .411161.- •111.1.111111011111 Center City Legal Reproductions, Inc. CcLR1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 November 25, 2014 CCLR File No. 14-07818ES/R DEAN A. PIERMATTEI, ESQUIRE • .1 RHOADS & SINON, LLP t ONE SOUTH MARKET SQUARE 12TH FLOOR PO BOX 1146 HARRISBURG, PA 17108 RECORDS RE: RACHEL RHOADS RECORDS FROM: YELLOW BREECHES FAMILY PRACTICE REQUESTED BY: JOHN KEARNEY, ESQUIRE Dear DEAN A. PIERMATTEI, ESQUIRE The above-referenced provider will not honor the request for records, because they require an Authorization signed by your client. By carbon copy of this letter, we are advising all counsel that as soon as we receive the Authorization from you, we can then continue to process the request. Thank you in advance for your much needed and anticipated cooperation in this matter. Sincerely, E ELISHA SOTO (215)790-5729 (Phone) (267)800-1881 (Fax) CCLR Representative esoto@ccIrinc.com cc: JOHN KEARNEY, ESQUIRE EXHIBIT "C" ZIRULNIK SHERLOCK & DEMILLE Attorneys at Law Staff Counsel Office of Selective Insurance Company of America Mark B.Zirulnik A+ Suite 330 Margaret A.Sherlock*A+ William P.Munyon**A Louis J.DeMille,Jr.A 309 Fellowship Road Arthur E.Donnelly III A Mount Laurel, New Jersey 08054 Stephen G.Sobocinski AO Dennis 0.Wilson 0 w 0 John J.Duffy III 0 Thomas F.Miller AO A NJ Bar +NY Bar 0 PA Bar Telephone: (856)778-3220 Denise L.Werner AO CO VA Bar 0 DC Bar £CT Bar Facsimile: (856)778-3222 John D.Kearney 0 *Certified by the Supreme Court of NJ as a Civil Trial Attorney Beth A.Wright A **Certified by the Supreme Court of Offices also in East Hanover and Hamilton,New Jersey Tesha N.Stoner 0 NJ as a Workers'Compensation Stephen E.Moore AO+ Attomey November 17, 2014 Dean Piermattei, Esquire RHOADS & SINON LLP 12th Floor, One South market Square P.O. Box 1146 Harrisburg, PA 17108 Re: Rhoads v. North Middletown Twp. Cumberland CCP,No.: 12-1590 Claim No.: 21136627 Our File No.: P-4129-EPA-042012 Dear Mr. Piermattei: Enclosed please find an Authorization from Yellow Breeches Family Practice. Kindly have your client sign same and return to my office so that I may obtain the medical records in the above-matter. e rulyyour: /iiG' 7 , 7 ' O ' D. A* . Y / /ach v Enclosure cc: Aleth Matrone— Selective Claims I: Pio 1 H',..,i'C , RACHEL M. RHOADS, c':7I4 DEC 29 PI -1 2: I t Plaintiff CUMBERLAND U3U.: i PENNSYLVANIA v. NORTH MIDDLETOWN TOWNSHIP and JAMES L. PETERSON, individually and in his official capacity as a police officer of North Middletown Township, Defendants €ountp et Cumberland IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 12-1590 CIVIL TERM IN RE: MOTION TO COMPEL PLAINTIFF'S EXECUTION OF AUTHORIZATION ORDER OF COURT AND NOW, this 29th day of December 2014, upon consideration of Defendants' joint Motion to Compel Plaintiff's Execution of Authorization, a RULE is issued upon Plaintiff to show cause as to why the requested relief should not be granted. DEFENDANTS shall effectuate service of this Order of Court upon Plaintiff and shall file proof of service. Plaintiff SHALL include a proposed Order with any response. The Prothonotary is DIRECTED to deliver the file upon the filing of any response to this Order with the Court. RULE RETURNABLE twenty (20) days from the date of service. istribution: Dan Piermattei, Esq. John D. Kearney, Esq. Co�i esal29/ty /YL�t tiCL Thom A. Placey C.P.J.