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HomeMy WebLinkAbout12-2402 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE 103 East Springville Road Boiling Springs, PA 17007 versus Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. 7 `r0Ig0 V4l'. F r`nrl+ ki Ei 14 7 IuERLf`lR#liCOM'FY I'_tfl SYLNIA Defendant(s) & Address(es) Writ of Summons Shall be issued and forwarded to (XX )Attorney W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg. PA 17108 (717) 238-2000 N ame/Add ress/Telep hone No. of Attorney No. cN601 - 2012 Civil Action - (XX) Law ( ) Equity JUANITA P. SCOTT 935 Paul Circle Mechanicsburg, PA 17055 Signature Supreme Court ID 46. 32298 ???1p3.75pd a?. Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: b Y Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r. ,:- Sheriff E U' 0 F t?k?tn t t„r ti? r THE P R 0 T H 0 N 0 R',, Jody S Smith Chief Deputy 2012 MAY -8 AM 9: 55 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Michelle L. Von Lange vs. Case Number Juanita P. Scott 2012-2402 SHERIFF'S RETURN OF SERVICE 04/26/2012 07:10 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 26, 2012 at 1910 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Juanita P. Scott, by making known unto herself personally, at 935 Paul Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 April 30, 2012 DENNIS RY, DEPU SO ANSWERS, RON R ANDERSON, SHERIFF nv=??, j it? Shea t to . .,D t It-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearance of Robert A. Lerman, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for Defendant, Juanita P. Scott in the above-captioned matter and mark the docket accordingly. GRIFF=A. Lerman, ERMAN, SOLYMOS & BY: squire PA#07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com Dated: April 4, 2013 .0 46 -C QD ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 4th day of April, 2013, 1, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning,Esquire Handler, Henning&Rosenberg LLP 1300 Linglestown Road Harrisburg,PA 17108 (Counsel for Plaintiff) GRIFFITH, ST KLER, LERMAN, SOLYMOS & CALK S BY: Robert A. Lerman, 9squire PA#07490 Attorney for Defendant,Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax jml/scott-prp rlerrnan@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter a Rule upon Michelle L. Von Lange, Plaintiff, to file a Complaint within twenty(20)days from the date of the service of this Rule or suffer Judgment non-pros. GRIFFITH, ST KLER, LERMAN, SOL OS & CALKINS BY: ROB T A. LERMAN, ESQUIRE,PA#07490 Attorney for Defendant,Juanita P. Scott 110 South Northern Way York,Pennsylvania 17402 717-757-7602/717-757-3783 fax rlermanggslsc.com -vrq I MW Dated: I� o NOW �1' S Zo � or-s 2013,RUL SSUED AS ABOVE. PR OTARY BY: DEPUTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 4t' day of April, 2013, 1, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Rule to File Complaint by Certified Mail and United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning&Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiff) GRIFFITH, CKLER,LERMAN, SOX OS &CAL S BY: ROBERT A. LERMAN,ESQUIRE PA#07490 Attorney for Defendant,Juanita P. Scott 110 South Northern Way York, Pennsylvania 17402 717-757-7602/717-757-3783 fax rlerman a,gslsc.com jml/scott-rule i ,)F THE PROTHONOTAR`, 2013 APR 10 0111' 16 CUMBERL AN COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT : Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 9`h day of April, 2013, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendant to Plaintiff, Set No. 1 by Certified Mail and United States Mail,addressed to the party or attorney of record as follows: W. Scott Henning,Esquire Handler,Henning&Rosenberg LLP 1300 Linglestown Road Harrisburg,PA 17108 (Counsel for Plaintiff) GRIFFITH, STRIC ,LERMAN, SOLYMO CALKINS BY: R ERT A. LERMAN,ESQUIRE#PA07490 Attorney for Defendant,Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman( aslsc.com jm1/scott-rfpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 9`h day of April, 2013, 1, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant to Plaintiff, Set No. 2 as indicated below,by U.S. First Class Mail, addressed to the party or attorney of record as follows: W. Scott Henning,Esquire Handler, Henning&Rosenberg LLP 1300 Linglestown Road rn Harrisburg, PA 17108 xrn -V F (Counsel for Plaintiff) O 6 5 GRIFFITH, STRICKI, R, LERMAN, SOLYMC-192 — =F C) CALKINS 5= 77 BY: R A. LERMAN, ESQUIRE#PA07490 Attorney for Defendant. Juanita P. Scott 110 South Northern Way York,PA 17402 717-757-76021717-757-3783 Fax jml/scott-inQ rlermanggslsc.com I Rp� CIE }{��i0TAR 2013 APR 14 him 16 CUMBER A V AN1UA T Y IN THE COURT OF COMMON PLE'ASMF CUMBERLAND COUNTY,PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 9`h day of April, 2013, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant to Plaintiff, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning& Rosenberg LLP 1300 Linglestown Road Harrisburg,PA 17108 (Counsel for Plaintiff) GRIFFITH, ST ER,LERMAN, SOLY S&CALKINS BY: ROBERT A. LERMAN, ESQUIRE#PA07490 Attorney for Defendant,Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlermanA&slsc.com jml/scott-int IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE • CIVIL DIVISION • Plaintiffs v. • • No. 2402-2012 • JUANITA P. SCOTT • Defendants • JURY TRIAL DEMANDED TO: Michelle L. Von Lange, Plaintiff c/o W. Scott Henning, Esquire , -Lc Handler, Henning & Rosenberg LLP r r1 ;. 1300 Linglestown Road -� Harrisburg, PA 17108 co - 4 DATE OF NOTICE: June 6, 2013 x'c`' Ica c� NOTICE OF INTENTION TO FILE A PRAECIPE FOR ENTRY OF < JUDGMENT OF NON PROS FOR FAILURE TO FILE A COMPLAINT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 GRIFFIT r• TRICKLER, LERM N, •LYMOS & CALKIN LO/(O BY t 3 IILILk to • :ERT A. LERMAN, ESQUIRE PA#07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE • CIVIL DIVISION Plaintiffs • • v. • No. 2402-2012 JUANITA P. SCOTT • • Defendants • JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6th day of June, 2013, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Intention to File a Praecipe for Entry of Judgment of Non-Pros for Failure to File a Complaint by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiff) GRIFFITH, STRIP LER, LERMAN, SOLYMOS & CALK BY: Robert A. Lerman, Esquire PA#07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman @gslsc.com jml/scott-notice HANDLER,HENNING&ROSENBERG,LLP Jr THE t �CTH0NO IARY W. Scott Henning(PA 32298) 1300 Linglestown Road, Suite 2 2013 UIN 17 Ali 9' 20 Harrisburg, PA 17110 CUMBERLAND COUNTY Ph. 717.238.2000 Fax 717.233.3029 C�E ; SYLVA�IA henning @hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MICHELLE L. VON LANGE, Plaintiff, CIVIL ACTION—LAW V. NO.: 2402 - 2012 JUANITA P. SCOTT, Defendant. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 t AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER,HENNING & ROSENBERG, LLP By: Ars�� W. Scott e ' g, E uire Supreme Co I.D. 32298 1300 Ling town oad Harrisburg, PA 110 Hennin hhrl w.com (717) 238-2000 2 HANDLER,HENNING&ROSENBERG,LLP W. Scott Henning (PA 32298) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 henning @hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MICHELLE L. VON LANGE, Plaintiff, CIVIL ACTION—LAW V. NO.: 2402 - 2012 JUANITA P. SCOTT, Defendant. COMPLAINT Plaintiff, Michelle L. Von Lange ("Ms. Von Lange") by and through her attorneys, HANDLER,HENNING & ROSENBERG,LLP, makes this complaint against the Defendant, Juanita P. Scott ("Defendant"), and avers as follows: 1. Ms. Von Lange is a competent adult individual and citizen of the Commonwealth of Pennsylvania currently at 103 East Springville Road, Boiling Springs Cumberland County, Pennsylvania. 2. Defendant is, upon information and belief, an adult individual and citizen of the Commonwealth of Pennsylvania with a last known address of 414 Reservoir Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material hereto, Defendant was the owner and operator of a 2005 Chevrolet Colorado bearing Pennsylvania registration number YVM8169 ("Defendant's vehicle"). 4. At all times material hereto, Ms. Von Lange was the operator of a 2002 Chevrolet Trailblazer, bearing Pennsylvania registration number HBE4781 ("Plaintiffs vehicle"). V 5. At all times material hereto, Ms. Von Lange was covered under an insurance policy issued by State Farm Insurance and was covered under the full tort option. 6. At all times material hereto, it was daylight and there were no adverse weather or road conditions. 7. On or about April 28, 2010, at approximately 6:10 p.m., Ms. Von Lange was traveling westbound on West Lisburn Road, approaching its intersection with Herman Drive in Upper Allen Township, Cumberland County, Pennsylvania. 8. At approximately the same time and place, Defendant was stopped at the stop sign controlling northbound Herman Drive at its intersection with West Lisburn Road. 9. Suddenly and without warning, Defendant entered the intersection, striking the side of Plaintiffs vehicle. 10. As a direct and proximate result of Defendant's negligence, Ms. Von Lange sustained damages as set forth more specifically below. 11. The aforementioned collision and Ms. Von Lange's resultant injuries are the direct and proximate result of Defendant's negligence as follows: 2 a. in failing to keep a proper lookout for vehicles lawfully traveling on West Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania; b. in failing to yield the legal right of way to West Lisburn Road traffic, in violation of 75 Pa.C.S. § 3324; C. in failing to operate Defendant's vehicle under proper and adequate control so that he could have avoided Plaintiff's vehicle; d. in negligently driving Defendant's vehicle into the intersection of West Lisburn Road and Herman Drive; e. in failing to look both ways for approaching traffic before entering a highway and to continue to look as she advanced through the intersection; f. in driving Defendant's vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S. § 3714; g. in failing to exercise the high degree of care required of a motorist entering an intersection; h. in disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S. § 3310(a); and L in failing to have sufficient control of Defendant's vehicle, which would have allowed Defendant's vehicle to be stopped .before doing injury to any person or thing likely to arise under the circumstances. 3 12. As a direct and proximate result of Defendant's negligence, Ms. Von Lange has: a. suffered personal injuries, including, but not limited to, injuries to her back, neck, and right shoulder, with attendant headaches; b. undergone continuing medical care for the aforesaid injuries; C. suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; d. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; e. suffered a loss of income; f. suffered a loss of life's pleasures, and will continue to suffer the same in the future, to her detriment and loss; and g. been, and will in the future be, hindered from attending to her daily duties and chores,to her detriment and loss. 4 WHEREFORE, Plaintiff, Michelle L. Von Lange, seeks damages from Defendant, Juanita P. Scott, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER,HENNING&t ROSENBERG,LLP Dated: June f , 2013 By: W. Scott Henning(P 32 8) 1300 Linglestown ad, uite 2 Harrisburg, PA 171 Ph. 717.238.2000 Fax 717.233.3029 henning @hhrlaw.com Attorneys for Plaintiff, Michelle L. Von Lange 5 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 W W. Scott Henning, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. W. Sc tt H Wing, - q re Date: 6/14/2013 HANDLER,HENNING&ROSENBERG,LLP W. Scott Henning (PA 32298) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 henning @hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, Plaintiff, CIVIL ACTION—LAW V. NO.: 2402 - 2012 JUANITA P. SCOTT, Defendant. CERTIFICATE OF SERVICE On the 14th day of June, 2013, I hereby certify that a true and correct copy of Plaintiff's Complaint was served upon the following by depositing in U.S. Mail; Robert A. Lerman, Esq. Griffith, Strickler, Lerman Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Respectfully submitted, HANDLER,HENNING&ROSENBERG,LLP Dated: June 2013 By: Z�- W. Scott He ng (P 3229 1300 Linglestown ad, S to 2 Harrisburg, PA 17110 Ph. 717.23 8.2000 Fax 717.233.3029 henning @hhrlaw.com rE N13 JUL 19 PH 12* 2 l CUMBERLAND ND CUUN i Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED TO: Michelle L. Von Lange, Plaintiff C/o W. Scott Henning, Esquire Handler, Henning&Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment maybe entered ainst you. GRIFFIT TRICKLER, LERMAN, SOLY & CALKINS i By: ROBERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax Dated: `�j (� , 2013 rlermanggslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, J-UANITA P. SCOTT TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Juanita P. Scott by her counsel, Robert A. Lerman and Griffith, Strickler,Lerman, Solymos&Calkins,and files the following Answer and New Matter to Plaintiffs Complaint: I Admitted upon information and belief.- 2. Admitted in part, denied in part. That the Defendant is an adult individual and a citizen of the Commonwealth of Pennsylvania. It is denied Defendant's current address is as stated in paragraph 2 of Plaintiff's Complaint and averred to the contrary that Defendant currently resides at 935 Paul Circle, Mechanicsburg, PA 17055. 3. Admitted. 4. Admitted. 5. Denied. After reasonable investigation,answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of Plaintiff s Complaint and same are denied and strict proof thereof demanded. 6. Admitted. 7. Denied. After reasonable investigation,answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 8. Admitted. 9. Denied. It is denied that suddenly and without warning, Defendant entered the intersection striking the side of Plaintiffs vehicle. On the contrary, it is averred that at all times relevant, Defendant lawfully stopped at the stop sign, looked in both directions, observed no oncoming traffic, and cautiously and prudently pulled from the stop sign at which time the impact between the Plaintiff's vehicle and the Defendant's vehicle occurred. 10. Denied. To the extent the allegations set forth in paragraph 10 constitute a conclusion of law, no response is required. It is denied that the Defendant was negligent or that Defendant's alleged negligence caused the injuries and damages Plaintiff claims. By way of further response,it is averred that at all times relevant, Defendant lawfully stopped at the stop sign, looked in both directions, observed no oncoming traffic,and cautiously and prudently pulled from the stop sign at which time the impact between the Plaintiff's vehicle and the Defendant's vehicle occurred. 11. Denied, To the extent the allegations set forth in 'paragraph 11 constitute a conclusion of law, no response is required. To the extent a response is deemed required, it is denied that the Defendant was negligent or that the Plaintiff s injuries were the direct and proximate result of the Defendant's alleged negligence. It is further denied that Defendant was negligent as follows: a. In failing to keep a proper lookout for vehicles lawfully traveling on West Lisburn Road in Upper Allen Township,Cumberland County,Pennsylvania; 2 b. In failing to yield the legal right of way to West Lisburn Road traffic in violation of 75 Pa. C.S.A. §3324; C. In failing to operate Defendant's vehicle under proper and adequate control so that [sic] he could have avoided Plaintiff's vehicle; d. In negligently driving Defendant's vehicle into the intersection of West Lisburn Road and Herman Drive; e. In failing to look both ways for approaching traffic before entering a highway and to continue to look as she advanced through the intersection; f. In driving Defendant's vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. §3714; 9. In failing to exercise the high degree of care required of a motorist entering into an intersection; h. In disregarding the speed of vehicles,the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. §3310(a); and i. In failing to have'sufficient'control of Defendant's vehicle,which would have allowed Defendant's vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. On the contrary,it is averred that at all times relevant,Defendant lawfully stopped at the stop sign, looked in both directions, observed no oncoming traffic, and cautiously and prudently pulled from the stop sign at which time the impact between the Plaintiffs vehicle and the Defendant's vehicle occurred. 3 12. Denied. To the extent the allegations set forth in paragraph 12 constitute a conclusion of law, no response is required. To the extent a response is deemed required, it is denied that the Defendant was negligent or that the Defendant's alleged negligence was a direct and proximate result of the injuries and damages Plaintiff claims. With respect to the remaining allegations of paragraph 12 of Plaintiffs Complaint, same are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof thereof demanded. WHEREFORE,Defendant,Juanita P.Scott,demands judgment in her favor and against the Plaintiff,Michelle L. Von Lange,together with costs of suit. By way of further answer,Defendant,Juanita P. Scott, asserts the following: NEW MATTER 13. Defendant incorporates herein by reference,as if fully set forth at length,her Answer to Plaintiff's Complaint, Paragraph Nos. 1,through 12, as hereinabove set forth. -14. Plaintiffs Complaint fails to state a cause of action against Defendant, Juanita P. Scott,upon which relief can be granted. 15. Plaintiff's Complaint may be barred by applicable statutes of limitation. 16. At all times relevant,Defendant,Juanita P. Scott,acted carefully,lawfully,properly, cautiously and prudently with due care under the circumstances existing. 17. At all times relevant, Defendant lawfully stopped at the stop sign, looked in both directions,observed no oncoming traf fic,and cautiously and prudently pulled from the stop sign at 4 which time the impact between the Plaintiff s vehicle and the Defendant's vehicle occurred. 18. Plaintiffs injuries and damages, if any, were caused by the acts or omissions of individuals or entities other than Defendant over whom the Defendant had no responsibility or right of control and for whom Defendant has no legal liability. 19. The Plaintiff's claimed injuries were caused, in whole or in part, by the acts or omissions,negligence,carelessness,and/or recklessness of the Plaintiff,Michelle L.Von Lange,in the operation of her motor vehicle, generally and more specifically as set forth below: a. In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; b. By operating her motor vehicle at an unsafe-speed for the highway conditions, weather conditions and/or the geography of the highway thereby creating a hazard to herself and others lawfully on the highway; C. In failing to operate her motor vehicle in a safe,prudent,cautious and careful manner; d. In failing to operate her motor vehicle at a speed that was safe for actual or potential hazards then existing in violation of in violation of 75 Pa. C.S.A. §3361; e. In failing to exercise reasonable care in the operation and control of her motor vehicle in violation of 75 Pa. C.S.A. §3314; f. In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her motor 5 vehicle under such*cbntrol that injury to herself or her property could be g. In carelessly operating her motor vehicle in violation of 75 Pa C.S.A. §3714; h. In failing to keep alert and maintain a proper lookout; i. In failing to maintain proper control in the operation of her motor vehicle; and negligently, carelessly and recklessly operating her motor vehicle at a speed in excess of the posted speed limit or at an unsafe speed in violation of j. In breaching her required duty of care as to a motorist with only a qualified right-of-way at the intersection in question; and k. In failing to take appropriate evasive action when she had the last opportunity to do so in observing Plaintiff s vehicle in the intersection prior to impact. 20. As a result of the negligence,carelessness and recklessness of the Plaintiff,Michelle L. Von Lange, as set forth in the immediately preceding paragraphs, her claims are barred or diminished in accordance with the application of the Pennsylvania Comparative Negligence Act,42 21. Plaintiff,Michelle L.Von Lange,may not have sustained a serious injury as defined in the Pennsylvania Motor Vehicle Financial Responsibility Law(75 Pa. C.S.A. §1702 et seq.). 22. The non-economic damages of Plaintiff, Michelle L. Von Lange, may be barred because she is bound by a limited tort option as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. ' 23. Plaintiffs may have failed to mitigate their damages. 24. Plaintiff has received or is entitled to receive various benefits from insurance arrangements,programs and group contracts of insurance including,but not limited to,benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law,for medical bills and/or income loss, and she may not recover for the same benefits in this proceeding. 25. Plaintiff,Michelle L.Von Lange,has recovered from some or all of the injuries she allegedly sustained as a result of the alleged incident. 26. Some or all of Plaintiff,Michelle L.Von Lange's alleged injuries and damages may have preexisted or preceded the date of the alleged incident and were not caused or aggravated by the alleged incident. 27. Some of Plaintiff,Michelle L. Von Lange's alleged injuries and damages may have been sustained or have occurred subsequent to the alleged incident and were not caused by the alleged incident. 28. Some or all of the damages requested in Plaintiff's Complaint may not be recoverable in this action against Defendant. 29. Defendant avers that if any liability is found for her conduct,such conduct was not the proximate or factual cause of the incident and/or Plaintiff s injuries and damages. 7 WHEREFORE,Defendant,Juanita P. Scott,demands judgment in her favor and against the Plaintiff, Michelle L. Von Lange, together with costs of suit. Respectfully submitted, GRIFFITH, S CKLER, LERMAN, SO MOs & CALKINS By: R ERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way rYork, PA 17402 L ' 2013 717-757-7602/717-757-3783 fax Dated: rlermanggslsc.com 8 VERIFICATION I,Juanita P. Scott,hereby verify that the statements made in the foregoing Answer and New Matter of Defendant,Juanita P., Scott to Plaintiff s Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact,I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions,I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unswom falsifications to authorities. 1. Dated: 7-14-fL By: " te ANITA P. SCOTT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED CERTIFJCATE OF SERVICE AND NOW,this ltldayof ,2013,1.Robert A.Lerman,Esquire,a member of the firm of GRIFFITH,STRICKLER,LERM N,SOLYMOS&CALKINS,hereby certify that I have this date served a copy of the Answer and New Matter of Defendant, Juanita P. Scott to Plaintiffs Complaint,by United States Mail,addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler; Henning &Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiffs) GRIFFIT TRICKLER, LERMAN, SOLYM & CALKINS BY: R BERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlermanggslsc.com r rt_ED Ell -OFF ICE �r .f Wr i Roj-HONOTAR'f HE 2v13 AUG - 1 F�j 1: 2 L� CUMBERLAND COUNTY PENNSYLVANIA HANDLER,HENNING&ROSENBERG,LLP W. Scott Henning (PA 32298) 1300 Linglestown Road, Suite 2 Harrisburg,PA 17110 Ph. 717.23 8.2000 Fax 717.233.3029 henning @hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, Plaintiff, CIVIL ACTION—LAW V. NO.: 2402 - 2012 JUANITA P. SCOTT, Defendant. PLAINTIFF'S REPLY TO NEW MATTER AND NOW,comes the Plaintiff, Michelle L. Von Lange, by and through her attorney, HANDLER, HENNING & ROSENBERG,LLP,by W. Scott Henning, Esq., and responds to the Defendant's allegations of New Matter as follows: 13. Paragraph 13 is an incorporation Paragraph to which no responsive pleading is required. 14. Denied. The allegation set forth in Paragraph 14 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary,'it is denied that the Plaintiff s Complaint fails to state a cause of action against the Defendant, Juanita P. Scott, upon which relief can be granted, and proof to the contrary is demanded at the trial in this matter. 15. Denied. The allegation set forth in Paragraph 15 is a conclusion of law to which no responsive pleading is required, however,to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiffs Complaint is barred by the applicable Statute of Limitations, and proof to the contrary is demanded at the trial in this matter. 16. Denied. It is denied that the Defendant, Juanita P. Scott, acted carefully, lawfully, properly, cautiously and prudently with due care under the circumstances existing, and proof to the contrary is demanded at the trial in this matter. 17. Denied. It is denied that the Defendant lawfully stopped at the stop sign, properly looked in both directions, observed no oncoming traffic, and cautiously and prudently pulled from the stop sign, and proof to the contrary is demanded at the trial in this matter. 18. Denied. It is denied that the Plaintiff s injuries and damages were caused by the acts or omissions of individuals or entities other than the Defendant, or individuals or entities over whom the Defendant had no responsibility or right of control, and proof to the contrary is demanded at the trial in this matter. 19. Denied. The allegation set forth in Paragraph 19 is a conclusion of law to which no responsive pleading is required, however,to the extent that the Honorable Court deems a response necessary, the Plaintiff asserts that she was not in any way negligent, careless or 2 i. reckless in any of the respects set forth in Sub-Paragraphs (a)through(k), and proof to the contrary is demanded at the trial in this matter. 20. Denied. The allegation set forth in Paragraph 20 is a conclusion of law to which no responsive pleading is required,however,to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff was in any way contributorily or comparatively negligent so as to bar her injury claim or reduce her injury claim, and proof to the contrary is demanded at the trial in this matter. 21. Denied. The allegation set forth in Paragraph 21 is a conclusion of law to which no responsive pleading is required, however,to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiff,Michelle L. Von Lange has not sustained a serious injury as defined in the Pennsylvania Motor Vehicle Financial Responsibility Law(75 Pa. C.S.A §1702 et seq.), and proof to the contrary is demanded at the trial in this matter. 22. Denied. The allegation set forth in Paragraph 22 is a conclusion of law to which no responsive pleading is required,however,to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff s claim for non-economic damages is barred by her selection of the Limited Tort option, and proof to the contrary is demanded at the trial in this matter. 23. Denied. It is denied that the Plaintiff has failed to mitigate her damages, and proof to the contrary is demanded at the trial in this matter. 24. Denied. The allegation set forth in Paragraph 24 is a conclusion of law to which no responsive pleading is required, however,to the extent that the Honorable Court deems a response necessary,the Plaintiff acknowledges that she will be bound by any Collateral Source 3 doctrines or any provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, that the Honorable Court deems properly applicable to the subject cause of action. 9 25. Denied. It is denied that the Plaintiff, Michelle L. Von Lange, has fully recovered from all of the injuries she sustained in the subject motor vehicle collision, and proof to the contrary is demanded at the trial in this matter. 26. Denied. It is denied that the injury sustained by Plaintiff, Michelle L. Von Lange, pre-existed the date of the subject collision, and proof to the contrary is demanded at the trial in this matter. By way of further answer, the Plaintiff asserts that to the extent that Plaintiff had a pre-existing condition, such condition was aggravated by the collision and thus necessitated the treatment that the Plaintiff underwent following the date of the motor vehicle collision. 27. Denied. It is denied that Plaintiff, Michelle L. Von Lange, is seeking compensation for any injuries and damages that were sustained or occurred subsequent to the collision with the Defendant, and proof to the contrary is demanded at the trial in this matter. 28. Denied. It is denied that the Plaintiff is asserting a claim for injuries and damages that are not recoverable against the Defendant, and proof to the contrary is demanded at the trial in this matter. 29. Denied. The allegation set forth in Paragraph 29 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the acts or omissions of the Defendant were not the proximate or factual cause of the collision and/or the Plaintiff's injuries and damages, and proof to the contrary is demanded at the trial in this matter. 4 WHEREFORE, Plaintiff Michelle L. Von Lange, requests the Honorable Court to enter judgment in her favor and against the Defendant, Juanita P. Scott, for the relief set forth in her Complaint. Respectfully submitted, HANDLWHENNIN OSEN BERG,LLP Dated: July 2013 By: W. Scott 322 8) 1300 Linglestown R4a<guite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 henning @hhrlaw.com Attorneys for Plaintiff, Michelle L. Von Lange 5 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024(c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document;that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that the Plaintiff was not available to execute the Verification so as to comply with the time deadline within which to file this document and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: W.SCOTT HEN NG SQUI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, Plaintiff, CIVIL ACTION—LAW V. JUANITA P. SCOTT, NO.: 2402 - 2012 Defendant. CERTIFICATE OF SERVICE On the 31"day of July, 2013, 1 hereby certify that a true and correct copy of Plaintiff s Reply to New Matter was served upon the following by depositing in U.S. Mail: Robert A. Lerman, Esq. Griffith, Strickler, Lerman Solymos & Calkins 110 South Northern Way York, PA 17402-3737 HANDLER,HENNING&ROSENBERG,LLP By: W. Scott Henni g (PA P98) - 1300 Linglesto Roa Harrisburg, PA 10 Ph. 717.23 8.2000 Fax 717.233.3029 henning @hhrlaw.com C Y G r'T1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED MOTION OF DEFENDANT,JUDITH P SCOTT,TO COMPEL PLAINTIFF TO RESPOND TO WRITTEN DISCOVERY And now comes Defendant, Juanita P. Scott, by her counsel, Robert A. Lerman and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Motion to Compel Plaintiff to Respond to Written Discovery,the grounds for which are as follows: I. Plaintiff instituted this civil action for personal injuries via the filing of a Writ of Summons on April 18, 2012, and subsequently filed a Complaint on June 14, 2013, after Defendant issued a Rule compelling Plaintiff to do so. 2. On July 19, 2013, Defendant filed a response to Plaintiff's Complaint within the extension of time granted to Defendant by counsel for the Plaintiffs. 3. On April 9, 2013, Defendant's counsel propounded Interrogatories of the Defendant to Plaintiff, Set 1, Interrogatories of Defendant to Plaintiff, Set 2, and Defendant Request for Production of Documents to the Plaintiff, Set 1. The written discovery requests were transmitted concurrent with Defendant's serving of the Rule upon Plaintiff to file a Complaint`in this matter. 4. Plaintiff has responded to Defendant's Request for Production of Documents but Plaintiff has not responded to Defendant's Interrogatories, Sets 1 and 2. 5. Copies of Defendant's written discovery requests to the Plaintiff are attached as follows: a. Interrogatories of Defendant to the Plaintiff, Set 1, attached as Exhibit b. Interrogatories of Defendant to Plaintiff, Set 2, attached as Exhibit `W% and C. Request for Production of Documents of Defendant to the Plaintiff, Set 1, attached as Exhibit I`C" 6. On June 18, 2013, June 25, 2013 and August 2, 2013, counsel for moving Defendants corresponded with counsel for the Plaintiff regarding Plaintiff's overdue Interrogatory Answers. Copies of said letters (June 18, 2013, June 25, 2013 and August 2,'2013) are attached hereto and collectively marked Exhibit"D". 7. Defendant has sought Plaintiff's concurrence, and received no response. Therefore, Defendant assumes that Plaintiff contests this Motion. 8. No judge has ruled upon any other issue in this case as of this date. 9. The information and documentation solicited in the Interrogatories is for relevant information with regard to Plaintiff s liability and damage claims and Defendant's submission of these discovery requests constituted the first stage of the discovery phase of this litigation which will then afford Defendant the opportunity to prepare for and take depositions of parties and witnesses, address any issues framed and legal theories set forth in Plaintiff's Complaint, raised by expert witnesses to be called by Plaintiff at trial, to obtain pertinent medical records, 2 insurance records, and employment records, and to evaluate and respond to Plaintiff's liability and damage claim as set forth in Plaintiff's Complaint. 10. In addition, Defendant's Interrogatories to Plaintiff, Set 2 solicited information specifically required by Defendant's liability insurer in order to comply with its mandatory reporting requirements pursuant to Federal Law under the Medicare Secondary Payer Statute (42 U.S.C. 1395(y)) and CFR §411.1-54. 11. Plaintiffs tardiness in responding to moving Defendant's discovery requests is unjustified and has unduly delayed this litigation. 12. The timeframe for filing any objections to Defendant's discovery requests have long ago expired. ' 13. Plaintiffs Answers to Defendant's two sets of Interrogatories were due May 11, 2013, and are now more than three (3) months delinquent. WHEREFORE, Defendant, Juanita P. Scott, respectfully requests this Honorable Court issue an Order compelling Plaintiff, Michelle Von Lange, to respond to the both sets of Interrogatories as described in this Motion within 20 days from the date of this Court's Order, or suffer appropriate sanctions as the Court deems appropriate. GRIFFITH, STRICKLER, LERMAN SOLYM(�OS &CA/�LK _��,_ Date: - °� BY: &9 A ��•� ROBERT A. LERMAN SQUIRE PA#07490 Attorneys for Defendant 110 South Northern Way York,PA 17402 717-757-7602/717-757-3783 fax rlermanggslsc.com 3 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANT TO PLAINTIFF SET NO. 1 TO: Michelle L. Von Lange, Plaintiff c/o W. Scott Henning, Esquire Handler, Henning&Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 The Defendant, Juanita P. Scott, by her attorneys, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demand that Plaintiff answer the following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof. These Interrogatories shall be deemed continuing so as to require supplemental answers if affiants obtain further information between the time the answers are served and the time of the trial. Definition of Terms THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING INTERROGATORIES: EXHIBIT Ul F a A. "And'" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. B. "Describe" or "Description" when used with reference to any conversation, communication, statement, meeting, or discussion or any act, transaction, occurrence, happening, instance, or event, means to provide the following information: 1. The subject matter and substance of that which took place; 2. The time, date and place thereof; 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The identification of each communication or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different from the originals because of notes made from such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiff, including by way of amplification and not limitation: contracts, invoices, correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. D. "He" and any other masculine pronoun includes any individual, regardless of sex, to whom the interrogatory would otherwise apply. E. "Identify," "Identification" or "Identity" means to provide the following information: 2 1. When used with reference to a natural person, state his full name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership,joint venture or association), state: (a) Its full names; (b) The address of its principal place of business; and (c) Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication: (a) State the place at which and the date on which such oral communication occurred; (b) Identify each person making such oral communication, the person to whom it was made and each other person who was present (in —person-or-by-te1ephone) (c) State the subject and substance of such oral communication; and (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof; F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint ventures, co-ventures and any. other legally recognized entity of any description whatever, as well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing entities. G. "Specify" when used with reference to a "document," calls for: 3 1. The nature of the document(e.g., letter, contract, chart, memoranda); 2. Its date; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009.1, et seq., of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, month and year if ascertainable, or, if not, the best approximation(including the relation of other events). oryour!L refers-to--anal-sliafl-be—cor tr-La --o-me=Ahe-party-to-w-hom-or_-to which these discovery requests are directed, as well as that party's agents, representatives, including without limitation,that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents,representatives, or counsel. 4 1. Please state your full names, dates of birth and present addresses. 5 2. What are your present occupations and state the names and addresses of your present employers and describe the specific nature of your employment duties and responsibilities? 3. List the names and addresses of your former employers for the past ten years, if any, an describe your employ—m –duties an-- -responsili ies. 6 4. State the amount of your gross and net income for each of the past six years. 5. Describe any and all accidents and/or personal injuries you have suffered before the accident herein sued upon, giving the date, place, and parties involved in each such accident. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 7 6. State the names and addresses of all doctors and hospitals whom you have seen or with whom you have consulted or where you have been treated during the ten years preceding the date of this accident, and the nature of the ailment, illness, or other reason, for which such doctor was consulted. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 7. Of your own knowledge, what injuries did you receive in the accident involved in this case? (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 8 A J 8. Of your own knowledge, please set forth the exact nature of all other present physical complaints, limitations or restrictions which you allege are attributable to the injuries which you received in the accident involved in this case. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 9 9. If you have been hospitalized by reasons of the accident herein sued upon, list the names and addresses of all such hospitals, clinics, or other medical institutions in which you were a patient as a result of this accident, giving the dates of confinement and the sums of money paid by you or on your behalf, or owing to each for services to you. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 10. Please set forth the full name and address of each and every doctor or other medical person who has attended or examined you as a result of the within accident, and the sums of money paid or owing to each for services to you. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 10 11. Please identify your employers by name and address and job title or description in the five years before the accident and please state on what date you last worked prior to the accident which is the subject of this litigation. 12. If you have returned to work, either on a full-time or part-time basis, when did you return and state whether the return has been to full-time or part-time employment and state exactly how much income, if any, do you claim to have lost to date as a result of the within accident and state the method of calculating said loss and the facts upon which you rely to base your calculations. 11 13. Of your own knowledge, will it be necessary for you to have future medical treatment by reason of the within accident and, if so, who advised you of the need for treatment and describe the type of treatment discussed. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 14. Describe any and all accidents and/or personal injuries you have suffered since the accident here sued upon, giving dates, time and place, parties involved and injuries involved and identifying (by name and address) all medical providers with whom you have sought treatment or consultation. 12 15. Do you know of any person who witnessed the alleged occurrence or who has any knowledge of the relevant facts concerning the nature, character and extent of the injuries, disabilities, damages, losses or expenses sustained by you as a result of the occurrence and for which claim is being made in this action? If so, for each person, state: a. The name and last-known address; b. A detailed description of the relevant facts known; C. Whether written or otherwise recorded statement has been taken and, if so, the name and address of the person taking the statement and the person in present custody of the statement; and d. If you will do so without a Motion to Produce, attach a copy of each statement to your Answers to these Interrogatories. 13 16. In the five minute period before the accident which is the subject of the Complaint, were you utilizing a cell or mobile phone and if so, provide the name of the mobile/cell phone service provider, the name of the mobile/cell number, the owner of the mobile/cell phone account and the billing address. 17. State the name, address, occupation and field of specialization, if any, of each person whom you expect to call as an expert witness at trial, and state as to each the subject matter on which the expert is expected to testify. 14 18. Set forth the qualifications of all those persons listed in the Answer to the preceding Interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each expert's Curriculum Vitae or resume.) 15 19. a. Set forth the facts to which each expert you have, listed is expected to testify; and b. Set forth the opinions to which each such expert is expected to testify. 16 20. At the time of this accident, were you covered by any policy of insurance which protected against the loss which is the subject of this action including but not limited to auto insurance, health insurance and disability insurance and if so, state for each such policy: a. The name, principal place of business and telephone number of the insurer; b. The name, address and telephone number of the named insured; C. The policy number; , d. The effective dates of coverage; e. The amount of liability coverage, specifying the terms thereof, f State whether there are any provisions, such as medical pay clauses, first party benefits, uninsured motorist's coverage, underinsured motorist's coverage, or other insurance payment provisions, which will provide benefits to a party injured by your vehicle and set forth any conditions, exclusions or other relevant terms concerning such additional benefits, including the amount(s) of such coverage; 9. The number of vehicles covered, if applicable. h. Your legal domicile at the time insurance was applied for; L Your legal domicile at the same time each policy of insurance (or any endorsement thereto) was issued; and j. Did you elect full tort option or limited tort option? k. The amount of medical bills paid by each insurer related to this accident. 1. The amount of wage loss benefits paid by each insurer related to this accident. 17 21. Have you ever filed any claim(s) for worker's compensation benefits for this or any other incident and, if so, identify the employer, the claim number, describe your injury, and provide the name and address of the insured or self-insured entity to which your claim was made. 22. Have you ever filed any claims for unemployment compensation benefits and, if so, iideffi ie employer an provide the name and aac dress of the msure or se -insure entity to which your claim was made. 18 23. Have you ever filed a claim for disability insurance and, if so, please identify when the claim was made, the reason for the claim, and the identity of the insurance company or other entity to whom the claim was submitted. 24. Have you ever filed a claim or lawsuit for personal injuries (other than this one) and, if so, please identify when the claim and/or lawsuit was filed, the reason for same, the parties involved in any accident or incident, and the claim number and insurance company and/or docket number involved. 19 25. Identify by name, address, and subject matter of testimony all trial witnesses you intend to call. 26. State the total amount of bills you have incurred for medical treatment as a result of the motor vehicle accident upon which this lawsuit is based? 20 27. State the date of your last appointment for medical care, treatment or consultation for injuries related to the incident in suit, and identify by name or address the health care provider. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 28. Are you currently under a physician's care for injuries related to the incident in suit and, if so, state the name and address of the physician. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 21 29. Has any physician advised you to limit or restrict your work, employment or vocational activities due to injuries related to the incident in suit and, if so, identify the physician by name and address and describe the limitations and/or advice related to you. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 30. Has any physician advised you to limit or restrict your activities of daily living, household chores, hobbies, or activities you engaged in (pre-incident) and, if so, identify the physician by name and address and describe the limitations, restrictions and/or advice relayed to you. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 22 31. Have you been convicted of any crime within the past ten (10) years, whether by verdict or plea of guilty or nolo contendere? If so, please state: a. the date of each such conviction; b. the county and state in which you were convicted for each such crime; C. the nature of the felony or misdemeanor of which you were convicted; d. whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendere; e. the name and addresses of the tribunal imposing sentence; f. the title of the cause and case number assigned by said tribunal to your case; g. the nature of the sentence imposed; and h. the dates and places of any facility in which you were incarcerated, and the date(s) of release. 23 32. Have you, at any time, or are you currently preparing or maintaining any records, notes, logs, ledgers or diaries that in any way describe your injuries, treatments, or activities since the accident referred to in your Complaint? 33. Was the vehicle you were the operator of or a passenger in anyway equipped with a telephone at the time of the alleged accident and if so was the telephone in use at the time of the accident? 24 34. Please provide specific information with regard to any lien or subrogation interest against your recovery in this case including but not limited to any lien or subrogation interest of any health insurer and/or worker's compensation insurance carrier and with respect to each such lien, identify the lien holder by name and address, claim and/or policy number, the amount of the lien asserted to date, and the specific basis therefor. 35. Are you aware of any liens or subrogation interest in or to and/or against Plaintiff's recovery in this case, including but not limited to the Commonwealth of Pennsylvania, Department of Public Assistance and Medicare/Medicaid or Social Security, health insurer or worker's compensation insurer and if so, please provide all information known. 25 GRIFFITH, STRICKL LERMAN, SOLYMOS ALKINS By: UL's ROBERT A. LERMAN, ESQUIRE#PA07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlermang,gslsc.com Dated: April 9, 2013 26 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 91h day of April, 2013, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant to Plaintiff, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning& Rosenberg LLP 1300 Linglestown Road Harris urg, (Counsel for Plaintiff) GRIFFIT4STLER, LERMAN, S CALKINS , BY: ROBERT A. LERMAN, ESQUIRE#PA07490 Attorney for Defendant,Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax r.lermanggslsc.com iml/scoff-int 27 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANT TO PLAINTIFF SET NO. 2 TO: Michelle L. Von Lange, Plaintiff c/o W. Scott Henning, Esquire Handler, Henning& Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 The Defendant, Juanita P. Scott, by her attorneys, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands that Plaintiff answer the following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof. These Interrogatories shall be deemed continuing so as to require supplemental answers if a ants obtain r her in orma ion between mime e answers are served an ime of e trial. Definition of Terms THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING INTERROGATORIES: A. "And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. B. "Describe" or 'Description" when used with reference to any conversation, communication, statement, meeting, or discussion or any act, transaction, occurrence, happening, instance, or event, means to provide the following information: a EXHIBIT a J Q 1. The subject matter and substance of that which took place; 2. The time, date and place thereof, 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The identification of each communication or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different from the originals because of notes made from such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiff, including by way of amplification and not limitation: contracts, invoices, correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. D. "He" and any other masculine pronoun includes any individual, regardless of sex, to whom the interrogatory would otherwise apply. E. "Identify," "Identification" or "Identity" means to provide the following information: 1. When used with reference to a natural person, state his full name and present'or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership,joint venture or association), state: (a) Its full names; (b) The address of its principal place of business; and (c) Its organization form and its purposes, primary business or activities. 2 r 3. When used with reference to an oral communication: (a) State the place at which and the date on which such oral communication occurred; (b) Identify each person making such oral communication, the person to whom it was made and each other person who was present (in person or by telephone)when it was made; (c) State the subject and substance of such oral communication; and (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof; F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations,joint ventures, co-ventures and any other legally recognized entity of any description whatever, as well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing entities. G. "Specify" when used with reference to a "document," calls for: 1. The nature of the document(e.g., letter, contract, chart, memoranda); 2. Its ate; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009.1, et seq., of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, month and year if ascertainable, or, if not, the best 3 approximation(including the relation of other events). I. "You" or "your" refers to and shall be construed to mean the party to whom or to which these discovery requests are directed, as well as that parry's agents, representatives, including without limitation,that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents, representatives, or counsel. 4 FOR PURPOSES OF COMPLIANCE WITH THE MEDICARE SECONDARY PAYER MANDATORY REPORTING PROVISIONS IN SECTION 111 OF THE MEDICARE/MEDICAID AND SCRIP EXTENSION ACT OF 2007 (MMSEA) AND FOR PURPOSES OF COMPLIANCE WITH AMENDMENTS TO THE PENNSYLVANIA PUBLIC.WELFARE CODE, ACT 2008-44 SECTIONS 259.1 —259. 6, PLEASE ANSWER THE FOLLOWING INTERROGATORIES: 1. With regard to the injured Plaintiff: a. The HICN or SSN number of the injured Plaintiff; b. The first initial of the injured Plaintiffs name; C. The first six characters of the injured Plaintiff's last name; d. The injured Plaintiff's date of birth; and e. The injured Plaintiff's gender. ANSWER: 5 2. Has Medicare paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit? If so, state the following: a. The date you applied for said benefits; b. The amount of benefits paid to date; C. The case number, policy number or other identifiers for any benefits paid or payable; d. Whether benefits are still being paid to you or to a third party on your behalf by Medicare as of the date of answering this Interrogatory; e. Whether you or anyone on your behalf has provided notice to Medicare of the instant lawsuit, and if so, when; f. Whether a lien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and g. Identify and produce a copy of any documents that contain any of the info nm i.onx_equested-in--this I to errogato_ry. ANSWER: 6 3. Has Medicaid paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit? If so, state the following: a. The date you applied for said benefits; b. The amount of benefits paid to date; C. The case number, policy number or other identifiers for any benefits paid or payable; d. Whether benefits are still being paid to you or to a third party on your behalf by Medicaid as of the date of answering this Interrogatory; e. Whether you or anyone on your behalf has provided notice to Medicaid of the instant lawsuit, and if so, when; f. Whether a lien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and g. Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory. ANSWER: 7 4. Are you eligible to receive and/or entitled to receive Medicare benefits within 30 months? ANSWER: 5. Are you eligible for assistance from the Pennsylvania Department of Public Welfare and/or are you a beneficiary under Pennsylvania Act 2008-44 55 Sections 259.1 —259.6 and if so, provide the following information: a. The name of the beneficiary; b. Beneficiary's medical assistance identification number; C. Beneficiary's date of birth; ANSWER: 8 6. Does injured Plaintiff have End-Stage Renal Disease ("ERSD")? a. If yes,when was it diagnosed? b. Has injured Plaintiff applied for Medicare benefits relating to this disease? ANSWER: 9 7. Does the injured Plaintiff have any form of kidney disease (e.g. permanent kidney failure)? a. State type of disease. b. Date diagnosed? c. Is injured Plaintiff being treated for the disease? If so, describe the treatment. d. What is the medical prognosis of the disease? e. Has injured Plaintiff applied for Medicare benefits for this disease? ANSWER: 10 8. Does the injured Plaintiff have Amyotrophic Lateral Sclerosis (often referred to as "Lou Gehrig's disease)? a. If yes, when was it diagnosed? b. Has injured Plaintiff applied for SSD benefits for this disease? ANSWER: 11 9. Have you received any benefits from the Pennsylvania Department of Public Welfare as a result of this accident? ANSWER: 12 10. Has any other entity paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit, including, but not limited to, any other type of medical assistance, disability pension, income or insurance, including social security disability benefits, social security supplemental income benefits, Department of Public Welfare benefits and/or worker's compensation? If so, state the following: a. Identify the entity who has paid any benefits; b. The date you applied for said benefits; C. The amount of benefits paid to date; d. The case number, policy number or other identifiers for any benefits paid; e. Whether benefits are still being paid to you or to a third party on your behalf by the entity identified in subsection (a), above, as of the date of answering this Interrogatory; f. Whether you or anyone on your behalf has provided notice to the entity identified in subsection (a), above, of the instant lawsuit, and if so, when; g. Whether a lien has'been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and h. Identify and produce a copy of any documents that contain any of the information requested in this interrogatory. ANSWER: 13 11. In the past 10 years, has any entity paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received regardless of whether you maintain that they are the result of the accident, including, but not limited to, Medicare, Medicaid or any other type of medical assistance, disability pension, income or insurance, including social security disability benefits, social security supplemental income benefits, Department of Public Welfare benefits and/or worker's compensation? If so, state the following: a. Identify the entity who has paid any benefits; b. The date you applied for said benefits; C. The amount of benefits paid to date; d. The case number, policy number or other identifiers for any benefits paid or payable; e. Whether benefits are still being paid to you or to a third party on your behalf by the entity identified in subsection (a), above, as of the date of answering this Interrogatory; f. Whether you or anyone on your behalf has provided notice to the entity identified in subsection (a), above, of the instant lawsuit, and if so, when; g. Whether a lien has been asserted for the amount of benefits paid, end if so, the date you received notice of the lien and the amount of the lien; and h. Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory. ANSWER: 14 12. Have you ever applied for and/or are you the recipient of social security disability benefits or supplemental social security income benefits, and if so, for each state the date you applied, the reason you applied, whether the benefits were granted or denied, and the amount of monthly benefits who received or are receiving. ANSWER: 15 GRIFFITH, STRICKLE ERMAN, SOLYMOS & CALKINS BY: ROBERT A. LERMAN, ESQUIRE#PA07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlerman&gslsc.com Dated: April 9, 2013 16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 9th day of April, 2013, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant to Plaintiff, Set No. 2 as indicated below,by U.S. First Class Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning &Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiff) GRIFFITH, STRICKL R, LERMAN, SOLYMOS & CALKINS BY: ROf3ERT A. LERMAN, ESQUIRE#PA07490 Attorney for Defendant. Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax jml/scott-int2 rlerman@,(zslsc.com r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT TO PLAINTIFF SET NO. 1 TO: Michelle L. Von Lange, Plaintiff c/o W. Scott Henning, Esquire Handler, Henning &Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 Pursuant to Pa. R.C.P. Rule 4009.1, et seq., as amended, Plaintiff is requested to produce for inspection, examination and copying, at the offices of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, 110 South Northern Way, York, Pennsylvania 17402, not later than thirty (30) days after service of this Request, the documents herein described. Definition of Terms THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING REQUEST FOR PRODUCTION OF DOCUMENTS: A. "And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. B. "Describe" or "Description" when used with reference to any conversation, communication, statement, meeting, or discussion or any act, transaction, occurrence, happening, instance,or event, means to provide the following information: I EXHIBIT w N J Q I The subject matter and substance of that which took place; 2. The time, date and place thereof; 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The identification of each communication or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. 'Documents" shall mean the originals, and all non-identical copies (whether different from the originals because of notes made from such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiffs, including by way of amplification and not limitation: contracts, invoices, correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. D. "He" and any other masculine pronoun includes any individual, regardless oi-sex, to whom the interrogatory would otherwise apply. E. ""Identify," "Identification" or "Identity" means to provide the following information: 1 When used with reference to a natural person, state his full name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership,joint venture or association), state: (a) Its full names; 2 (b) The address of its principal place of business; and (c) Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication: (a) State the place at which and the date on which such oral communication occurred; (b) Identify each person making such oral communication, the person to whom it was made and each other person who was present (in person or by telephone)when it was made; (c) State the subject and substance of such oral communication; and (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof, F. "Person" means any natural person or any entity other than a natural person, including,_but-not_limited to s� ole proprietorships partnerships, corporations, associations, joint ventures, co-ventures and any other legally recognized entity of any description whatever, as well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing entities. G. "Specify" when used with reference to a "document," calls for: 1. The nature of the document (e.g., letter, contract, chart,memoranda); 2. Its date; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 3 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009.1, et seq., of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, month and year if ascertainable, or, if not, the best approximation(including the relation of other events). I. "You" or "your" refers to and shall be construed to mean the party to whom or to which these discovery requests are directed, as well as that party's agents, representatives, including without limitation,that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents,representatives, or counsel. 4 PLEASE PRODUCE THE FOLLOWING DOCUMENTS: 1. All photographs in the possession, custody or control of the Plaintiffs, counsel for Plaintiffs, or any other person or entity acting on behalf of the Plaintiffs, including any insurers for the Plaintiffs, showing, representing or purporting to show any vehicles, locales, instrumentalities, persons, and any and all other matters related to the subject matters of this litigation. 2. All diagrams, sketches, drawings, plans, measurements, or blueprints in the possession, custody or control of Plaintiffs, counsel for Plaintiffs, or any other person or entity acting on behalf of said Plaintiffs, including any insurer of said Plaintiffs, showing, representing, or purporting to show any of the instrumentalities, locales, persons or other matters involved in the incident which forms the basis of Plaintiffs' Complaint. 3. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement of recorded statements if not transcribed verbatim taken of any parties, persons, or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the possession of Plaintiffs, Plaintiffs' attorney, insurers, or anyone else acting on behalf of the Plaintiffs. 4. All expert opinion, expert reports, expert summaries, or other writings of experts in the possession, custody or control of Plaintiffs, or his/her attorneys or insurers who are expected to testify at trial, which relate to the subject matter of this litigation and the incident in question. 5. All documents prepared by Plaintiffs, or by any insurers, representatives, agents or anyone acting on behalf of Plaintiffs, except his/her attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or 5 ' prepared up through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed is now in the possession, custody or control of the original) now in the possession, custody or control of Plaintiffs, his/her former or present counsel, agents, employees, officers, insurers, or any other person acting on Plaintiffs' behalf.) 6. If not otherwise covered by the above Requests, the complete claims/investigation/subrogation (file(s) of any insurers of Plaintiffs, dealing with the incident in question, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 7. All documents in the possession, custody or control of Plaintiffs, Plaintiffs' counsel, insurers, or anyone else acting on Plaintiffs' behalf, dealing in any way with the injuries, damages and losses sustained by Plaintiffs, other than those documents supplied by Plaintiffs' counsel to Defendant's counsel. This should include, but not be limited to, all medical bills, medical records, medical reports, correspondence, any and all other bills and documents relating to medical treatment, hospitalization, medication, appliances, lost wages, etc. 8. If you are maintaining a claim for impairment of earning capacity, please produce copies of your Federal income tax returns for past six (6)years. 6 9. Please produce your W-2 (wage and tax statements) for the past six (6) years. 10. Produce copies of all trial exhibits. 11. Produce all of your policies of auto insurance in effect on the date of this accident including all declaration pages and endorsements. 12. Produce a copy of any records, notes, logs, ledgers or diaries that in any way describe your injuries,treatments or activities since the accident referred to in your Complaint., 13. Any release or other agreement between any person or entities given or obtained in regard to the subject incident. 14. Any and all documents evidencing or pertaining to any lien by any person or entity against potential recovery of damages by Plaintiffs in this action. 15. All documents describing or defining the duties and responsibilities of Plaintiffs' job. 16. Any documents relating to any benefits paid under any policy of insurance. 11. A col)—y-of-any-dezi-aration-shect-for—dii-y-insura-nce-polic-y-applicablcAo-this-case- under which you are an insured. 18. Any and all documents generated by you, or received by you with respect to any claim for workers' compensation benefits, arising from the accident giving rise to this lawsuit. 19. Any and all documents which evidence any facts on the basis of which it will be asserted that the Defendant caused or contributed to the happening of the injuries sustained by the Plaintiffs. 20. Any documents identified in your Answers to any set of Interrogatories propounded by any party to this litigation. 21. All documents which would support any claims for injuries/damages averred in Plaintiffs' Complaint. 7 22. Any other material in your file, your attorney's file, or any insurance carrier's file which is not privileged. 23. Please provide any and all documentation supporting any lien or subrogation interest asserted against your recovery in this case. 24. Please provide any and all documentation supporting any lien or subrogation interest asserted against Plaintiffs recovery in this case including but not limited to the Commonwealth of Pennsylvania, Department of Public Assistance and Medicare/Medicaid or Social Security, health insurer or worker's compensation insurer. GRIFFITH, fER, LERMAN, SOLYNU�' & CALKINS f By: ROBERT A. LERMAN, ESQUIRE#PA07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlermanggslsc.com Dated: April 9, 2013 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 9th day of April, 2013, 1, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendant to Plaintiff, Set No. 1 by Certified Mail and United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning &Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiff) GRIFFITH, STRICK ,LERMAN, SOLYMO,�i BY: CALKINS / f R BERT A.LERMAN,ESQUIRE#PA07490 Attorney for Defendant,Juanita P. Scott 110 South.Northern Way York,PA 17402 717-757-7602/717-757-3783 fax riermaii@gsisc.com jm1/scoff-rfpd 9 LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS &CALKINS 110 S.NORTHERN WAY ROBERT H.GRIFFITH(1928-2009) YORK,PENNSYLVANIA 17402-3737 ROBERT M.STRICKLER TELEPHONE:(717)757-7602 - ANN MARGARET GRAB ROBERT A.LERMAN* FAX:(717)757-3783 JOHN C.PORTER- PETER D.SOLYMOS EMAIL: infoOoslsc.00m ROBERT D.O'BRIEN CHARLES B.CALKINS WEBSITE:www.osisc.com CHARLES T.YOUNG,JR.x PAUL G.LUTZ^ MICHAEL B.SCHEIB* Robert A.Lerrnan'S EMAIL:rlennan @gslsc.com THOMAS B.SPONAUGLE°+ *Also Member MD Bar 'LL.M(Taxation);also Member CT Bar `Also Member NY and D.C.Bars xAlso Member NY Bar -Also Member NJ Bar +Board Certified Civil Trial and Pretrial Practice Advocate by the National Board of Trial Advocacy June 18, 2013 (Dictated June 18, 2013) W. Scott Henning,Esquire Handler, Henning&Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 ; RE: Michelle L. Von Lange v. Juanita P. Scott Cumberland County C.C.P. No. 2402-2012 Dear Mr. Henning: Thank you for providing a copy of Plaintiff's Complaint. Please provide us with your client's verification with respect to same at your earliest opportunity. Please recall that we served written discovery requests on you with the Rule compelling you to file a Complaint.on April 9, 2013 and we would appreciate receiving answers to same at your earliest convenience. Very truly yours, ROBERT A. LERMAN jml/scott-ltr tj EXHIBIT n a T J Q LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS&CALKINS 110 S.NORTHERN WAY ROBERT H.GRIFFITH(1928-2009) YORK,PENNSYLVANIA 17402-3737 ROBERT M.STRICKLER TELEPHONE:(717)757-7602 ANN MARGARET GRAB ROBERT A.LERMAN° FAX:(717)757-3783 JOHN C.PORTER- PETER D.SOLYMOS EMAIL: infoftgslsc.com ROBERT D.O'BRIEN CHARLES B.CALKINS WEBSITE:www.gslsc.com CHARLES T.YOUNG,JR.x PAUL G.LUTr MICHAEL B.SCHEIB* Robert A.Lerman'S EMAIL:rlerman @gslsc.com THOMAS B.SPONAUGLE°+ 'Also Member MD Bar ^LL.M(Taxation);also Member CT Bar 'Also Member NY and D.C.Bars xAlso Member NY Bar -Also Member NJ Bar +Board Certified Civil Trial and Pretrial Practice Advocate by the National Board of Trial Advocacy June�5, 2013 (Dictated June 21, 2013) VIA FACSIMILE AND U.S. FIRST CLASS MAIL W. Scott Henning, Esquire Handler, Henning &Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Michelle L. Von Lange v. Juanita P. Scott Cumberland County C.C.P.No. 2402-2012 Dear Mr. Henning: Just a reminder that Plaintiff's responses to our Interrogatories (Sets 1 and 2) and Plaintiff's response to .our Request for Production of Documents, Set 1, are overdue, same having been propounded to you on April 9, 2013. We would appreciate receiving same on or before July 9, 2013 to avoid the filing of a Motion to Compel. Very truly yours, �. 0 R013ERT A. E ` AV jml/scoff-ltr LAW OFFICES GRIFFITH,STRICKLER, LERMAN,SOLYMOS&CALKINS 110 S.NORTHERN WAY ROBERT H.GRIFFITH(1928-2009) YORK,PENNSYLVANIA 17402-3737 ROBERT M.STRICKLER TELEPHONE:(717)757-7602 ANN MARGARET GRAB ROBERT A.LERMAN* FAX:(717)757-3783 JOHN C.PORTER- PETER D.SOLYMOS EMAIL: info@laslsc.com ROBERT D.O'BRIEN CHARLES B.CALKINS WEBSITE:www.fislsc.com CHARLES T.YOUNG,JR,x PAUL G.LUTr ROBERT W.MELICK" MICHAEL B.SCHEIB* Robert A.Lerman's EMAIL:rlerman @gslsc.com THOMAS B.SPONAUGLE°+ 'Also Member MD Bar "LL.M(Taxation);also Member CT Bar 'Also Member NY and D.C.Bars -Also Member NY Bar -Also Member NJ Bar -Also Member WI Bar +Board Certified Civil Trial and Pretrial Practice Advocate by the National Board of Trial Advocacy August 2,2013 (Dictated July 30, 2013) W. Scott Henning;Esquire Handler,Henning& Rosenberg LLP 1300 Linglestown Road Harrisburg,PA 17108 RE: Michelle L. Von Lange v.Juanita P. Scott Cumberland County C.C.P.No. 2402-2012 Dear Mr. Henning: When can we expect to receive Plaintiffs verification for the Complaint you filed? Please note that we requested same in our letter of June 18, 2013. Additionally; while we have received Plaintiff's Responses to our Request for Production of Documents, we have not received Plaintiffs Answers to Interrogatories and same are significantly overdue. We would appreciate verified Answers to Interrogatories within 15 days from the date of this letter to avoid the filing of a Motion to Compel. Very tyours, f ROBERT A. LERMAN jml/scoff-ltr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 2,0 day of�, 2013, 1, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Motion of Defendant, Juanita P. Scott, to Compel Plaintiff to Respond to Written Discovery, by facsimile and regular mail, addressed to the party or attorney of record as follows: W. Scott Henn' e 7 T* �,Esquire 1 1 Handler, Hennin /Rosenberg LLP 1300 Lin stown Road Harrisb PA 17108 BY ROPERT A. LERMAN, ESQUIRE PA#07490 Attorney for Defendant 110 South Northern Way York,PA 17402 717-757-7602/717-757-3783 fax rlen-nan@gslsc.com HE PROTHQNOTAIRY N13 AUG 29 014; 43 CUMBERLAND NITYAA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert W. Melick, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Juanita P. Scott, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Dated: 2013. By: ROBERT W. MELICK, ESQUIRE Attorney I.D. No. 205972 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 nnelick(a7gslsc.com Attorney for Defendant Juanita P. Scott IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of 2013, I, Robert W. Melick, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance,by United States Mail, addressed to the party or attorney of record as follows: Scott Henning, Esquire Handler, Henning & Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: ROBERT W. MELICK, ESQUIRE Attorney I.D. No. 205972 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 rmelickggslsc.com Attorney for Defendant Juanita P. Scott MICHELLE L. VON LANGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIIL ACTION-LAW JUANITA P. SCOTT, Defendant NO. 12-2402 CIVIL TERM IN RE: MOTION OF DEFENDANT, JUANITA P. SCOTT, TO COMPEL PLAINTIFF TO RESPOND TO WRITTEN DISCOVERY ORDER OF COURT AND NOW, this 4`h day of September, 2013, upon consideration of the Motion of Defendant, Juanita P. Scott, To Compel Plaintiff To Respond To Written Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 30 days of service. BY THE COURT, / Christy e L. Peck, J. W. Scott Henning, Esq. 1300 Linglestown Road Harrisburg, PA 17108 Attorney for Plaintiff Robert A. Lerman, Esq. 110 South Northern Way York, PA 17402 -roll "r Attorney for Defendant � ' :rc ZC ZZ, C7 ffl.'(g I CY ::. 9A13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE CIVIL DIVISION Plaintiffs V. No. 2402-2012 JUANITA P. SCOTT Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 4�7 day of October, 2013, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant to Plaintiff, Set No. 3 by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning&Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiff) GRIFFITH, STRICKL LERMAN, SOLYMOS CALKINS BY: -"/ RO ERT A.LERMAN, ESQUIRE#PA07490 Attorney for Defendant,Juanita P. Scott 110 South Northern Way York,PA 17402 717-757-7602/717-757-3783 fax rlerman@pslse.com jml/scott-inO C C= o M .r- arts 11 ILEL J-OFF ICE OF 1 HE PROTHONOTARY 2013 OCT 30 Ri I { I CUMBERLAND TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED CERTIFIC//A��--TE OF SERVICE AND NOW,this 0 ' day of �(N - ,2013,I,Robert A.Lerman,Esquire,a member of the firm of GRIFFITH,STRICKLER,LERMAN,SOLYMOS&CALKINS,hereby certify that I have this date served a copy of the Objections and Answers of Defendant, Juanita P. Scott to Plaintiffs Interrogatories, by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler,Henning&Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiffs) GRIFFIT TRICKLER, LERMAN, SOL S & CALKINS BY: ROBERT A. LERMAN, ESQUIRE PA#07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax riemian@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, • CIVIL DIVISION Plaintiff • v. • No. 2402-2012 c-, • -- JUANITA P. SCOTT, `x., - Defendant • JURY TRIAL DEMAND@, CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant, Juanita P. Scott, certifies that: (1) A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty(20)days prior to the date on which the Subpoena is sought to be served, (2) A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, (3) Twenty days has passed and no objections have been filed, and (4) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. GRIFFITH, CKLER, LERMAN, SO MOS & CAL 61_6(t, BY Robert A. Lerman, Esquire PA#07490 Attorney for the Defendant 110 South Northern Way Dated: November 12, 2013 York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON.LANGE, • CIVIL DIVISION Plaintiff • • v. • No. 2402-2012 • JUANITA P. SCOTT, • Defendant • JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Juanita P. Scott, intends to serve a Subpoena identical to the one that is attached to this Notice. You have twenty(20) days from the date listed below in which to.file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made,the Subpoena may be served. GRIFFITH, ST'/KLER, LERMAN, SOLYMO: . CALKINS 41Ip BY: I ' R•BERT A. LERMAN, PA#07490 Attorney for Defendant 110 South Northern Way z York, PA 17402 Date: / /% (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, • CIVIL DIVISION • Plaintiff • v. ▪ No. 2402-2012 • • JUANITA P. SCOTT, Defendant ▪ JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: State Farm Insurance Companies, Within twenty(20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Complete first-party benefits file pertaining to Michelle L. Von Lange, date of birth: 3/30/72, date of accident 4/28/10, policy of Cesar E. Parra-Acevedo, including but not limited to application for benefits, medical records, any payout sheet for medical and wage loss benefits paid, medical bills, medical reports, peer review reports, photographs, statements, claim notes, declaration page and/or coverage information reflecting first-party benefits coverage and tort election, documents submitted in support of or in payment of property damage claims, and any other documentation in your files. at Griffith, Strickler, Lerman, Solymos &Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS &CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, • CIVIL DIVISION Plaintiff • • v. • No. 2402-2012 JUANITA P. SCOTT, • Defendant • JURY TRIAL DEMANDED C.y o f ERTIFI TAE OF SERVICE AND NOW, this 11 da / ' , 2013, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiffs) GRIFFITH, S.. CKLER, LERMAN, SO MOS & CALKINS fF !Robert A. Lerman, Esquire PA# 07490 Attorney for Defendant 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com jml/scott-noi 3 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, • CIVIL DIVISION Plaintiff • v. • No. 2402-2012 • JUANITA P. SCOTT, • Defendant • JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW,this /� day of I V`�v ` ,2013,I,Robert A.Lerman,a member of the firm of GRIFFITH, STRICKLER,LERMAN, SOLYMOS&CALKINS,hereby certify that I have this date served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiff) GRIFFITH, ST' CKLER, LERMAN, SOL .'1 OS & CALKINS / / By: obert A. Lerman, Esquire, PA# 07490 Attorney for Defendant 110 S. Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com jml/scott-certpreq A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION x __ Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, o �tt Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Juanita P. Scott, certifies that: (1) A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party at least twenty(20)days prior to the date on which the Subpoenas are sought to be served, (2) A copy of the Notice of Intent,including the proposed Subpoenas,are attached to this Certificate, (3) Plaintiff's counsel has waived twenty days notice, per the attached Waiver, and (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CAL S BY Ann Margaret Grab, E quire PA#55986 Attorney for the Defendant, Juanita P. Scott 110 South Northern Way Dated: ,/� 3 / York, PA 17402 (717) 757-7602/(717) 757-3783 fax amgrab @gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Ann Margaret Grab, Esquire, counsel for Defendant, Juanita P. Scott, intends to serve Subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CAL BY: � AMN MARGARET G B, PA#55986 Attorney for Defendant 110 South Northern Way York, PA 17402 Date: / (717) 757-7602/(717) 757-3783 fax amgrab @gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: FMC Biogolymer Attn: Human Resources 4500 Westgort Drive Mechanicsburg, PA 17055 (Name of Person or Entity) Within twenty(20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Complete personnel file pertaining to Michelle L. Von Lange, date of birth: 3130/72 including but not limited to all performance evaluations, employment applications, resumes, wage and earnings documentation, employee evaluations, attendance records, and medical records. at Griffith Strickler Lerman Solymos&Calkins 110 S. Northern Way, York, PA 17402-3737 (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: ANN MARGARET GRAB, ESQ. ADDRESS: GRIFFITH STRICKLER, LERMAN, SOLYMOS &CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717)757-7602 SUPREME COURT ID: 55986 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Camp Hill Family Practice—Division of HMC, 3025 Mark Street, Entrance B. Camp Hill, PA 17011 (Name of Person or Entity) Within twenty(20)days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind from January 1, 2005 to the present pertaining to Michelle L.Von Lange, date of birth: 3/30/72. at Griffith, Strickler, Lerman, Solymos &Calkins, 110 S. Northern Way, York, PA 17402-3737 (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: ANN MARGARET GRAB, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS &CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Hershey Medical Center, 500 University Drive, Hershey, PA 17033 (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: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind from January 1, 2005 to the present pertaining to Michelle L.Von Lange,date of birth: 3/30/72. at Griffith. Strickler, Lerman, Solymos&Calkins. 110 S. Northern Way, York PA 17402-3737 (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: ANN MARGARET GRAB, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS &CALKINS 110 South Northern Wav, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: John Costopoulos, D.C., Boiling Springs Chiropractic& Rehab Clinic, 210 Forge Road Boiling Springs, PA 17007 (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: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind from January 1, 2005 to the present pertaining to Michelle L.Von Lange, date of birth: 3/30172. at Griffith. Strickler, Lerman, Solymos&Calkins, 110 S. Northern Way, York, PA 17402-3737 (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: ANN MARGARET GRAB, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS &CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this Wday of 2014, I, Ann Margaret Grab, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning&Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Ann Margaret Grab, Esquire 55986 Attorney for Defendant 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602/(717) 757-3783 fax amgrab @gslsc.com jmUscott-noi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, JAN 15 204 Defendant JURY TRIAL DEMANDED R1051VRD WAIVER OF NOTICE. OF INTENT l'O SIE,RVE SUBPOENA I, W. Scott Henning, attorney for Plaintiff, hereby waive the twenty (20) day Notice of Intent to Serve Subpoena pursuant to 4009.22. I further have no objection the Defendant serving the Subpoena directed to following upon the filing of this Waiver: 1. FMC Biopolymer 2. Camp Hill Family Practice—Division of HMC 3. Hershey Medical Center 4. John Costopoulos, D.C./Boiling Springs Chiropractic &Rehab Clinic Dated: / ' 'ICJ hl;to W. Scott Henning, Es u' e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff V. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this �' day of �1 I� , 2014, 1,Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning&Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & C INS By: A argaret Grab, squire, PA#55986 Attorney for Defendant, Juanita P. Scott 110 S.Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax am rabggslsc.com jml/scoff-certpreq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, Plaintiff v. JUANITA P. SCOTT, Defendant CIVIL DIVISION No. 2402-2012 JURY TRIAL DEMANDED MOTION OF DEFENDANT, JUANITA P. SCOTT, FOR PARTIAL SUMMARY JUDGMENT AND NOW, comes Defendant, Juanita P. Scott by her counsel, Ann Margaret Grab, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Motion for Partial Summary Judgment: 1. This action was instituted by Complaint following a motor vehicle accident which occurred on April 28, 2010. (Exhibit "1", Complaint). 2. The Defendant filed a timely Answer. and New Matter in which it raised as an affirmative defense the provisions of the Motor Vehicle Financial Responsibility Law regarding the election of limited tort coverage. 75 Pa. C.S.A. §1701 et seq. (Exhibit "2", Answer and New Matter, paragraphs 21 and 22). 3. As the result of the accident, Plaintiff, Michelle Von Lange alleges injuries to her back, neck, and right shoulder. 4. Plaintiff, Michelle Von Lange seeks economic and non -economic damages as the result of the October 28, 2010 motor vehicle accident. (Exhibit "1"). 1 5. At the time of the motor vehicle accident, Plaintiff, Michelle Von Lange was operating a motor vehicle owned by Cesar E. Parra-Acevedo. 6. The vehicle owned by Cesar E. Parra-Acevedo, operated by Michelle Von Lange was insured by State Farm Insurance. Company. 7. Cesar E. Parra-Acevedo elected limited tort coverage from State Farm Insurance Company for the vehicle operated by Michelle Von Lange on the date of the accident. (Exhibit "3", confirmation of coverage from State Farm Insurance Company). 8. Plaintiff, Michelle Von Lange did not own a vehicle nor was she the named insured on a policy of insurance as of the date of the motor vehicle accident, April 28, 2010 and is restricted by the named insured's election of limited tort coverage. 75 Pa. C.S.A. §1705(b)(2). 9. As a limited tort Plaintiff, Michelle Von Lange's recovery is limited to economic damages. 75 Pa. C.S.A. §1705(d). 10. In order to recover for non-economic damages, Michelle Von Lange, a limited tort insured, must prove that the injuries sustained in the motor vehicle accident were "serious". 75 Pa. C.S.A. §1705(d). 11. A "serious injury" is one resulting in death, serious impairment of a body function or permanent, serious disfigurement." 75 Pa. C.S.A. § 1702. 12. Plaintiff, Michelle Von Lange is not a narned insured on any other policy of insurance and is therefore subject to the limited tort election of the owner of the motor vehicle she was operating at the time of the accident and did not suffer a serious injury. 2 13. Summary judgment is proper where there are no genuine issue of any material fact relative to a necessary element of the cause of action. Pa. R.C.P. 1035. WHEREFORE, Defendant respectfully requests this Court grant the within Motion for Partial Summary Judgment determining that Plaintiff is subject to the limited tort election of the owner of the vehicle and that she is not entitled to recovery of non -economic damages. Respectfully submitted, Dated: 1/2 By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS 'i CALKINS ANN MARGARET GRAB, ESQUIRE PA#55986 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax , 2014 amgrab@gslsc.com 3 UO/ 14/ LU I3 nenn i ng, Rosenberg (FAX)7172333029 P.003/011 • HANDLER, HENNJNG & ROBENBERG, LLP W. Scott Henning (PA 32298) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 henning@hhrlaw.com Attorneys for Plaintiff IN THE COURT 01? COMMON PLEAS • 01? CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, Plaintiff, CIVIL ACTION — LAW v. NO.: 2402 - 2012 JUANITA P. SCOTT, Defendant. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish.to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. • IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford•Street Carlisle, PA 17013 (800) 990-9108 ALL -STATE LEGAL° EXHIBIT JUN -14-2013 14:49 7172333029 94% P.003 06/14/2013 13:49 Hand I er, Henning, Rosenberg (FAX)7172333029 P .004/011 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE, Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pnginas, debe tomar melon dentro de los pr6ximos *elide .(20) dtas despuds de la notificacibn de este Demanda y Aviso radicando personalmeate o por medio de un abogado una comparecencia escrita y radicando en la Corte por • escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le •advierte de que si usted fella de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en le demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adieional. Usted puede perder diner() o propiedad u otros derechos importantes para usted, USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO; LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OPICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. • • SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN •ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. . • • 111M -16-W111 1 A • aq Cumberland County Bar Association .•32 South Bedford Street. , Carlisle, PA 17013 (800)990.9108 . (717) 249-3166 • HANDIER, HENNING & ROSENBERG, LLP By: 1.��Ji11 W.Sco - e• '.'g,E•4uire Supremo Co.,/ I,D. ' 32298 1300 Ling *own • oad Harrisburg, PA 110 w.com (717) 238-2000 2 71721A1029 95% P.004 UO/ 19/ LU 13 i3 ; va nano i er, nenn i ng, Hosenoerg (FAX)7172333029 P.005/011 HANDLER, HENNING & ROSENBERG, LLP W. Scott Henning (PA 32298) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 • Ph. 717.238.2000 Fax 717.233.3029 henning@hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, Plaintiff, CIVIL ACTION — LAW v. NO.: 2402 - 2012 JUANITA P. SCOTT, • , Defendant. COMPLAINT Plaintiff, Michelle L. Von Lange ("Ms. Von Lange") by and through her attorneys, HANDLER, HENNING & ROSENEERG, LLP, makes this complaint against the Defendant, Juanita P. Scott ("Defendant"), and avers is follows: 1. Ms. Von Lange is a competent adult individual and citizen of the Commonwealth of Pennsylvania currently at 103 East Springville Road, Boiling Springs Cumberland County, Pennsylvania. 2. Defendant is, upon information and belief, an ,adult individual and citizen of the JUN -14-2013 14:49 7172333029 94% P.005 ud/ 14/ 213 13: 4s Hand I er, Henning, Rosenberg (FAX)7172333029 P.006/011 Commonwealth of Pennsylvania with a last known address of 414 Reservoir Road, Mechanicsburg, Cumberland County, Pennsylvania, 3. At all times material hereto, Defendant was the owner and operator of a 2005 Chevrolet Colorado bearing Pennsylvania registration number YVM8169 ("Defendant's vehicle"). 4. At all times material hereto, Ms. Von Lange was the operator of a 2002 Chevrolet Trailblazer, bearing Pennsylvania registration number HBE47S1 ("Plaintiffs vebicle"). 5, At all times material hereto, Ms. Von Lange was covered under an insurance policy issued by State Farm Insurance and was covered under the full tort option. 6. At all times.material hereto, it was daylight and there. were no adverse weather or road conditions. 7. On or about April 28, 2610, at approximately 6:1,0 p,rn., Ms. Von Lange was traveling westbound on West Lisburn Road, approaching its intersection with Herman Drive in Upper Allen Township, Cumberland County, Pennsylvania. 8. At approximately the same time and place, Defendant was stopped at the stop sign controlling northbound Herman Drive at its intersectidn withVest Lisburn Road. 9. Suddenly and without warning, Defendant entered the intersection, strildng the side of Plaintiff's vehicle. 10. As a direct and proximate result of Defendant's negligence, Ms. Von Lange sustained damages as set forth more specifically. below. 11. The aforementioned. collision and Ms. Von Lunge's resultant injuries , are the direct and proximate result of Defendant's negligence as follows: 2 JUN -14-2013 14:50 7172333029 95% P.006 UO/ 14/ 1U 1.3 1;i : 4a nano I er, Henning, Rosenberg (FAX)7172333029 P .007/011 a. in failing to keep a,proper lookout for vehicles lawfully traveling on West Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania; b. in failing to yield the. legal right of way to West Lisburn Road traffic, in violation of 75 Pa.C.S. § 3324; c. in failing to operate Defendant's vehicle under proper and adequate control so that he could have avoided Plaintiffs vehicle; d. in negligently driving Defendant's vehicle into the intersection of West Lisburn Road and Herman Drive; e, in failing to look both ways for approaching traffic before entering a highway and to continue to look as she advanced through the intersection; f. in driving Defendant's vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S. § 3714; g. in failing to exercise the high degree of care required of a motorist entering an intersection; h. in disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S. § 3310(a); and i. in failing to have sufficient control of Defendant's vehicle, which would have allowed Defendant's vehicle to be stopped before doing injury to any, person or thing likely to arise under the circumstances, 3 JUN -14-2013 14:50 7172333029 94% P.007 ub/ 14/ lU 1:3 1 ; Su Handier, Henning, Rosenberg (FAX)7172333029 P .008/011 12. As a direct and proximate result of Defendant's negligence, Ms. Von Lange has: a. suffered personal injuries, including, but not limited to, injuries to ter back, neck, and right shoulder, with attendant headaches; b. undergone continuing medical care for the aforesaid injuries; c. suffered physical: pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; d. been compelled; in order to effect a cure for,the aforesaid injuries,. to spend money for medicine and/or medical attention, and will be . required to spend money for the same purposes in the future, to her detriment and loss; e. suffered a loss of income; f. suffered a loss oflife's pleasures, and ,will continue to stiffer the • same in the future, to her detriment and loss; and g. been, and will in the future be, hindered from attending to her daily duties and chores,..to her detriment and loss: 4 JUN -14-2013 14:50 7172333029 94% P.008 ub/14,:eu1i 1J:5umandler, Henning, Rosenberg (FAX)7172333029 P.009/011 WHEREFORE, Plaintiff, Michelle L. Von Lange, seeks damages. from Defendant, Juanita P. Scott, in an .amount in excess of the Compulsory arbitration limits of Cumberland County, exclusive of interest and costs, Dated: June 42013 By: Respectfully submitted, HANDLER; HENNING & ROSENBERG, LLP W. Scott Henning (P 1300 Linglesto:wn Harrisburg, PA 171 Ph. 717.238.2000 Fax 717.233.3029 henning@hhrlaw.com Attorneys for Plaintiff MIchelle L Von Lange JUN -14-2013 14:50 7172333029 95% P.009 Uti/ 14/ dUli l i :50 Hand I er, Henning, Rosenberg (FAX)7172333029 P .010/011 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 fcZ W. Scott Henning, Esquire, states that he is the attomey for the party filing the foregoing document; that he makes this affidavit as an attomey, because the party he represents tacks sufficient knowledge or information upon which to make a verification and/or because he hes greeter personal knowledge of the Information and belief than that of the party for whom he makes thls affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of . 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: 6/14/2013 JUN -14-2013 14:50 7172333029 954 p-n1n Uti/ 14/ 1Ul:i Ti :5U Hand I er, Henning, Rosenberg (FAX)7172333029 P.011/011 *HANDLER,.HENNING & ROSENBERG, LLP W. Scott Henning (PA 32298) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 71 7.238.2000 Fax 717.233.3029 henning®hhrlaw.com Attorneys for Plaintiff ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, Plaintiff, CIVIL ACTION — LAW v. NO.: 2402 - 2012 JUANITA P. SCOTT, Defendant. . 'CERTIFICATE. OF SERVICE On the 14" day of June, 2013, I hereby certify that a true and correct copy of Plaintiffs Complaint was served upon the following by depositing in U.S. Mail; 'Robert A. Lerman, Esq. Griffith, Strickler, Lerman Solyxnos.& Calkins 110 South Northern Way • York, PA. 17402-3737 Dated; June/2_/ 2013 . By: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP W. Scott He 1300 Linglestown Harrisburg, PA 171,10 Ph. 717.238.2000 Fax 717.233.3029 henning®hbrlaw.com OF THE PROTHONOTARY 2o13 JUL 19 PM 12: 2 1 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, Plaintiff v. JUANITA P. SCOTT; Defendant TO: Michelle L. Von Lange, Plaintiff c/o W. Scott Henning, Esquire Handler, Henning & Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 CIVIL DIVISION No. 2402-2012 JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered;ainst you. Dated: , 2013 By: GRIFF1 TRICKLER, LE SOL & CALICINS R BERT A. LERMAN, ESQUIRE PM 07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax c.com TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, CIVIL DIVISION Plaintiff v. No. 2402-2012 JUANITA P. SCOTT, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, JUANITA P. SCOTT TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Juanita P. Scott by her counsel, Robert A. Lerman and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Answer and New Matter to Plaintiffs Complaint: 1 Admitted upon information and belief. 2. Admitted in part, denied in part. That the Defendant is an adult individual and a citizen of the Commonwealth of Pennsylvania. It is denied Defendant's current address is as stated in paragraph 2 of Plaintiff s Complaint and averred to the contrary that Defendant currently resides at 935 Paul Circle, Mechanicsburg, PA 17055. 3 Admitted. 4. Admitted. 5. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 6. Admitted. 7. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 8. Admitted. 9. Denied. It is denied that suddenly and without warning, Defendant entered the intersection striking the side of Plaintiff's vehicle. On the contrary, it is averred that at all times relevant, Defendant lawfully stopped at the stop sign, looked in both directions, observed no oncoming traffic, and cautiously and prudently pulled from the stop sign at which time the impact between the Plaintiff's vehicle and the Defendant's vehicle occurred. 10. Denied. To the extent the allegations set forth in paragraph 10 constitute a conclusion of law, no response is required. It is denied that the Defendant was negligent or that Defendant's alleged negligence caused the injuries and damages Plaintiff claims. By way of further response, it is averred that at all times relevant, Defendant lawfully stopped at the stop sign, looked m both directions, observed no oncoming traffic, and cautiously and prudently pulled from the stop sign at which time the impact between the Plaintiff s vehicle and the Defendant's vehicle occurred. 11. Denied. To the extent the allegations set forth in paragraph 11 constitute a conclusion of law, no response is required. To the extent a response is deemed required, it is denied that the Defendant was negligent or that the Plaintiff's injuries were the direct and proximate result of the Defendant's alleged negligence. It is further denied that Defendant was negligent as follows:. a. In failing to keep a proper lookout for vehicles lawfully traveling on West Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania; 2 b. In failing to yield the legal right of way to West Lisburn Road traffic, in violation of 75 Pa. C.S.A. §3324; c. In failing to operate Defendant's vehicle under proper and adequate control so that [sic] he could have avoided Plaintiff's vehicle; d. In negligently driving Defendant's vehicle into the intersection of West Lisburn Road and Herman Drive; e. In failing to look both ways for approaching traffic before entering a highway and to continue to look as she advanced through the intersection; f In driving Defendant's vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. §3714; g. In failing to exercise the high degree of care required of a motorist entering into an intersection; h. In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. §3310(a); and i. In failing to have sufficient control of Defendant's vehicle, which would have allowed Defendant's vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. On the contrary, it is averred that at all times relevant, Defendant lawfully stopped at the stop sign, looked in both directions, observed no oncoming traffic, and cautiously and prudently pulled from the stop sign at which time the impact between the Plaintiff's vehicle and the Defendant's vehicle occurred. 12. Denied. To the extent the allegations set forth in paragraph 12 constitute a conclusion of law, no response is required. To the extent a response is deemed required, it is denied that the Defendant was negligent or that the Defendant's alleged negligence was a direct and proximate result of the injuries and damages Plaintiff claims. With respect to the remaining allegations of paragraph 12 of Plaintiffs Complaint, same are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof thereof demanded. WHEREFORE, Defendant, Juanita P. Scott, demands judgment in her favor and against the Plaintiff, Michelle L. Von Lange, together with costs of suit. By way of further answer, Defendant, Juanita P. Scott, asserts the following: NEW MATTER 13. Defendant incorporates herein by reference, as if fully set forth at length, her Answer to Plaintiff's Complaint, Paragraph Nos. 1 through 12, as hereinabove set forth. 14. Plaintiff's Complaint fails to state a cause of action against Defendant, Juanita P. Scott, upon which relief can be granted. 15. Plaintiff s Complaint may be barred by applicable statutes of limitation. 16. At all times relevant, Defendant, Juanita P. Scott, acted carefully, lawfully, properly, cautiously and prudently with due care under the circumstances existing. 17. At all times relevant, Defendant lawfully stopped at the stop sign, looked in both directions, observed no oncoming traffic, and cautiously and prudently pulled from the stop sign at 4 which time the impact between the Plaintiff's vehicle and the Defendant's vehicle occurred. 18. Plaintiffs injuries and damages, if any, were caused by the acts or omissions of individuals or entities other than Defendant over whom the Defendant had no responsibility or right of control and for whom Defendant has no legal liability. 19. The Plaintiff's claimed injuries were caused, in whole or in part, by the acts or omissions, negligence, carelessness, and/or recklessness of the Plaintiff, Michelle L. Von Lange, in the operation of her motor vehicle, generally and more specifically as set forth below: a. In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; b. By operating her motor vehicle at an unsafe speed for the highway conditions, weather conditions and/or the geography of the highway thereby creating a hazard to herself and others lawfully on the highway; c. In failing to operate her motor vehicle in a safe, prudent, cautious and careful manner; d. In failing to operate her motor vehicle at a speed that was safe for actual or potential hazards then existing in violation of in violation of 75 Pa. C.S.A. §3361; e. In failing to exercise reasonable care in the operation and control of her motor vehicle in violation of 75 Pa. C.S.A. §3314; f. In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her motor 5 vehicle under such control that injury to herself or her property could be avoided; g. In carelessly operating her motor vehicle in violation of 75 Pa C.S.A. §3714; h. In failing to keep alert and maintain a proper lookout; i. In failing to maintain proper control in the operation of her motor vehicle; and negligently, carelessly and recklessly operating her motor vehicle at a speed in excess of the posted speed limit or at an unsafe speed in violation of 75 Pa. C.S.A. §3362; j. In breaching her required duty of care as to a motorist with only a qualified right-of-way at the intersection in question; and k. In failing to take appropriate evasive action when she had the last opportunity to do so in observing Plaintiffs vehicle in the intersection prior to impact. 20. As a result of the negligence, carelessness and recklessness of the Plaintiff, Michelle L. Von Lange, as set forth in the immediately preceding paragraphs, her claims are barred or diminished in accordance with the application of the Pennsylvania Comparative Negligence Act, 42 Pa C.S.A. §7102. 21. Plaintiff, Michelle L. Von Lange, may not have sustained a serious injury as defined in the Pennsylvania Motor Vehicle Financial Responsibility Law (75 Pa. C.S.A. § 1702 et seq.). 22. The non -economic damages of Plaintiff, Michelle L. Von Lange, may be barred because she is bound by a limited tort option as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. 6 23. Plaintiffs may have failed to mitigate their damages. 24. Plaintiff has received or is entitled to receive various benefits from insurance arrangements, programs and group contracts of insurance including, but not limited to, benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law, for medical bills and/or income loss, and she may not recover for the same benefits in this proceeding. 25. Plaintiff, Michelle L. Von Lange, has recovered from some or all of the injuries she allegedly sustained as a result of the alleged incident. 26. Some or all of Plaintiff, Michelle L. Von Lange's alleged injuries and damages may have preexisted or preceded the date of the alleged incident and were not caused or aggravated by the alleged incident. 27. Some of Plaintiff, Michelle L. Von Lange's alleged injuries and damages may have been sustained or have occurred subsequent to the alleged incident and were not caused by the alleged incident. 28. Some or all of the damages requested in Plaintiff's Complaint may not be recoverable in this action against Defendant. 29. Defendant avers that if any liability is found for her conduct, such conduct was not the proximate or factual cause of the incident and/or Plaintiffs injuries and damages. 7 WHEREFORE, Defendant, Juanita P. Scott, demands judgment in her favor and against the Plaintiff, Michelle L. Von Lange, together with costs of suit. Dated: , 2013 By: Respectfully submitted, GRIFFITH, S '1 CKLER, LERMAN, SO OS & CALKINS R • ERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com 8 VERIFICATION I, Juanita P. Scott, hereby verify that the statements made in the foregoing Answer and New Matter of Defendant, Juanita P., Scott to Plaintiff s Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. Dated: 7-/.2 - /c3 By: ,%tit -a7 0`" EANITA P. SCOTT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. VON LANGE, Plaintiff v. JUANITA P. SCOTT, Defendant CIVIL DIVISION No. 2402-2012 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 4 " AND NOW, this 1 TJ_ day of . ( , 2013, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERM , SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Answer and New Matter of Defendant, Juanita P. Scott to Plaintiff's Complaint, by United States Mail, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiffs) BY: GRIFFIT : TRICKLER, LERMAN, SOL & CALK INS R BERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, Juanita P. Scott 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com Providing Insurance and Financial Services Home Office, Bloomington, IL .. 5tateFarm® September 18, 2014 Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Attn: Maggie Grab RE: Claim Number: 38-L907-764 Date of Loss: April 28, 2010 Our Insured: Cesar E Parra -Acevedo Your Client: Michelle Vonlange Dear Ms. Grab: State Farm Claims PO Box 106114 Atlanta GA 30348-6114 Enclosed is a Confirmation of Coverage for the policy that was in force on behalf of Cesar E Parra -Acevedo. If you have any questions, please contact us. Sincerely, . 77E_ Patricia M McKenna Claim Representative (888) 713-4694 Ext. 6103614680 State Farm Fire and Casualty Company Enclosure(s): Confirmation of Coverage ALL -STATE LEGAL° EXHIBIT 3 J ECEIVED SEP 2 `1 2014 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 next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) MICHELLE L. VON LANGE vs. JUANITA P. SCOTT No. 2402 2012 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to omto etaiionnt, etcjp ofendant, Juanita P. Scott, for Partial Summary Judgment 2. Identify all counsel who will (a) for plaintiffs: argue cases: W. Scott Henning Handler, Henning 1300 Linglestown (Name and , Esquire & Rosenberg LLP Road, Harrisburg, PA 17108 Address) (b) for defendants: Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way, York, PA 17402 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 19, 2014 Date: /1 I ?cif Signature Ann Margaret Grab. Esquire Print your name Juanita P. Scott Attorney for Defendant 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. amk a FFA 0(4 ggs,i9 . .-. . n el ., n W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE VON LANGE, Plaintiff(s) 2402-2012 v. Civil Action - Law JUANITA P. SCOTT, Defendant(s) PLAINTIFF'S REPLY TO DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND NOW comes Plaintiff, Michelle Von Lange, by and through her counsel, Handler, Henning & Rosenberg, LLP, and W. Scott Henning, Esquire, who files this motion for Partial Summary Judgment pursuant to Pa. R.C.P. 1035.2 and local rule 1035.2(a), and in support thereof states the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part. Denied in part. It is admitted that Plaintiff, Michelle Von Lange did not own a motor vehicle and was not a Named Insured on a policy of motor vehicle insurance as of the date of the motor vehicle collision, however, it is denied that these factual circumstances somehow bind the Plaintiff to Limited Tort status based upon the election of Limited Tort coverage by the owner of the vehicle she was operating. The Defendant's allegation as set forth in Paragraph 8 jumps to the conclusion that the Plaintiff is bound by the Limited Tort option, without setting forth any factual or legal basis for this conclusion. 9. Denied. For the reasons set forth in Paragraph 8, as well as outlined in the Pennsylvania Motor Vehicle Financial Responsibility Law, it is denied that the Plaintiff has Limited Tort status, and is thus limited to only being able to seek compensation for economic damages. 10. Denied. For the reasons set forth in Paragraph 8, it is denied that Plaintiff, Michelle Von Lange, has Limited Tort status, and thus must prove that the injuries sustained in the motor vehicle collision were "serious". 11. Denied. The allegation set forth in paragraph 11 is a conclusion of law to which no responsive pleading is required. Paragraph 11 simply sets forth the definition of a serious injury as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. 12. Admitted in part. Denied in part. It is acknowledged that the Plaintiff is not a named insured on a motor vehicle insurance policy. It is also asserted that she does not own a motor vehicle and does not reside with a relative who owns a motor vehicle, and hence, she is deemed to have Full Tort status by operation of law. The Defendant's assertion in Paragraph 12 that she is somehow bound by the Limited Tort election of the owner of the motor vehicle she was operating at the time of the collision is contrary to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 13. Denied. The allegation set forth in paragraph 13 is a conclusion of law to which no responsive pleading is required. The allegations set forth in Paragraph 13 are simply a recitation of the circumstances under which a Summary Judgment is appropriate. WHEREFORE, Plaintiff, Michelle Von Lange, respectfully requests the Court to deny the Defendant's Motion for Partial Summary Judgment, and to enter an Order awarding attorney fees for what appears to be a factually and legally unfounded Motion, which is in violation of 42 Pa. C.S. §2503. Bv: DATED: J�—�o/ Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP W. Scott Hen Supreme Cour 1300 Linglestown Ro Harrisburg, PA 17110 Henning@hhrlaw.com (717) 238-2000 Attorney for Plaintiff W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE VON LANGE„ Plaintiff(s) 2402-2012 v. Civil Action - Law JUANITA P. SCOTT„ Defendant(s) CERTIFICATE OF SERVICE On, December 10, 2014, I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant's Motion for Partial Summary Judgment was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Ann Margaret Grab, Esq. Griffith, Strickler, Lerman Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Attorney for: Juanita P. Scott HANDLER, HENNING & ROSENBERG, LLP W. Scott Henning IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Michelle L. Von Lange Plaintiff VS 2402-2012 N0. CIVIL TERM r '. ••- t c— cn Juanita P. Scott Defendant CT; E; -1 C r cn :i- W t' RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the • — following form: �G W THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: W. Scott Henning, Esq. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ not in excess of the jurisdictional limits of Cumberland County The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Ann Margaret Gab, Griffith, Strickler, Lerman Solymos & Calkins WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT Cl'tA F' . So0*-1 CA -At alga() • AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Michelle L. Von Lange Plaintiff r -r : NO. 2402-2012 CIVIL TERM �:.7} VS 7c__ f •,- rn - r Juanita P. Scott RULE 1312-1 following form: Defendant ." The Petition for Appointment of Arbitrators shall be substantially in the ri o THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: W. Scott Henning, Esq. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ not in excess of the jurisdictional limits of Cumberland County The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Ann Margaret Gab, Griffith, Strickler, Lerman Solymos & Calkins WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT AND NOW, petition, �, s �� Esq., and2.C� Esq., and Cbill itryt, captioned action (or actions) as prayed for. _.r Lf. .-. et. -t a1 bc) SZ 2,iSr5112) , 20/..Y, in consideration of the foregoing sea# n,l 619;es male/ 141-- jr Esq., are appointed arbitrators in the above c By the Court, cr