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Home My WebLink About13-1795 Supreme Cour - of Pennsylvania Co>>u ' Cam Pleas e t For Pro*anotary Use Only: Cumberland County The The information collected on this firm is used solely fin- n- court adininisiration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: El Complaint 0 Writ of Summons Petition 0 Notice of Appeal 0 Transfer from Another Jurisdiction Declaration of Taking Lead Plaintiff's Name: •� Lead Defendant's Name: Eugenia Zharichenko Franklin Ryan & Mackenzie Ryan Check here if you are a Self Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant's Attorney: Scott B. Cooper, Esq. SCHMIDT KRAMER PC, 209 State St., Harrisburq, PA 176 Are money damages requested? : ®x Yes 0 No Dollar Amount Requested: within arbitration limits A (Check one) xx outside arbitration limits Is this a Class Action Suit? 0 Yes El No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card El Q Board of Assessment Motor Vehicle [ Debt Collection: Other Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability 0 Product Liability (does not include Zoning Board mass tort Employment Dispute: Statutory Appeal: Other E3 Slander/Libel/ Defamation Discrimination 0 Other: 0 Employment Dispute: Other T Judicial Appeals 0 MDJ - Landlord /Tenant 0 Other: [ MDJ -Money Judgment MASS TORT 0 Other: d Asbestos N 8 Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY Toxic Waste MISCELLANEOUS 0 Q Other: E3 Ejectment 0 Common Law /Statutory Arbitration 0 Eminent Domain /Condemnation 0 Declaratory Judgment Ground Rent 0 Mandamus Landlord /Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY a Partition 0 Quo Warranto 0 Dental 0 Quiet Title 0 Legal 0 Replevin 0 Medical 0 Other: 0 Other: 0 Other Professional: Pa-R.C.P. 205.5 212010 FILED- OFFICE 3CHMIDT KRAMER PC OF THE PROTHONOTARY By: Scott B. Cooper, Esquire 2813 APR _ AM 10: 57 I.D. No. 70242 209 State Street CUMBERLAND COUNTY Harrisburg Pa 17101 PENNSYLVANIA (717) 232 -6300 (717) 232 -6467 Fax scooper@schmidtkramer.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS EUGENIA ZHARICHENKO CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. JURY TRIAL DEMANDED FRANKLIN RYAN AND MACKENZIE RYAN Defendants NO. 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 2 Liberty Avenue S Carlisle, PA 17013 (717) 249 -3166 l C� C� 0?? AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues 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 mas 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 SCHMIDT KRAMER PC By: Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, Pa 17101 (717) 232 -6300 (717) 232 -6467 Fax scooper@schmidtkramer.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS EUGENIA ZHARICHENKO CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. JURY TRIAL DEMANDED FRANKLIN RYAN AND : MACKENZIE RYAN Defendants : NO. COMPLAINT AND NOW, comes the Plaintiff, EUGENIA ZHARICHENKO, by and through her attorneys, Scott B. Cooper and Schmidt Kramer PC, and aver the following: 1. Plaintiff Eugenia Zharichenko is an adult individual with an address of 532 Windy Way, New Cumberland, PA 17070. 2. Defendant Franklin Ryan is an adult individual with a last known address of 7 Boxwood Lane, Camp Hill, PA 17011. 3. Defendant Mackenzie Ryan is an adult individual with a last known address of 7 Boxwood Lane, Camp Hill, PA 17011. OPERATIVE FACTS 4. The facts and occurrences that gave rise to this cause of action took place on May 19, 2011 at approximately 5:40 pm in the southbound travel lane of I -83 in Cumberland County. 5. At all relevant times hereto, Plaintiff, Eugenia Zharichenko, was the owner and operator of a 2007 Honda Accord registered in the Commonwealth of Pennsylvania. 6. At all relevant times hereto, Defendant, Franklin Ryan, was the owner of a 2002 Mercedes -Benz S500 registered in the Commonwealth of Pennsylvania. 7. At all relevant times hereto, Defendant, Mackenzie Ryan, was the operator of the 2002 Mercedes -Benz 5500, owned by Defendant Franklin Ryan and registered in the Commonwealth of Pennsylvania. 8. At the time of the accident, it was raining and the roads were wet. 9. All parties involved in the accident were wearing their seatbelts. 10. At approximately 5:40 p.m., the Plaintiff, traveling south in the right lane of I -83, noticed slow moving traffic ahead of her and began to safely and gradually decrease the speed of her vehicle. 11. Plaintiff was followed by a 2006 Buick Lacrosse operated by John Hardwick. 12. John Hardwick was followed by Defendant Mackenzie Ryan, who was operating her vehicle at excessive speed as set forth below. 2 13. Defendant Mackenzie Ryan became distracted, failed to notice the vehicles slowing down in front of her, and collided with the rear of John Hardwick's vehicle. 14. The force of the collision pushed John Hardwick's car into the rear of Plaintiff's vehicle. 15. As a result of the negligence set forth below, Plaintiff and her passenger/ daughter, Julia Zharichenko, were transported via ambulance to Holy Spirit Hospital. COUNT I EUGENIA ZHARICHENKO v. MACKENZIE RYAN NEGLIGENCE 16. Paragraphs 1 through 15 are incorporated herein by reference and made a part thereof as if set forth in full. 17. The accident at issue was caused solely by the negligence, carelessness and recklessness of the Defendant as set forth below and was in no way caused or contributed to by the Plaintiff. 18. Defendant's negligence, carelessness and recklessness consisted of the following: a. Operation of a vehicle at a speed unsafe for existing traffic conditions; b. Operation of a vehicle in excess of the posted speed limit; c. Driving while distracted; d. Failing to obey traffic control devices; e. Failure to maintain proper and adequate control of a vehicle so as to avoid causing the collision with another vehicle on the roadway; 3 f. Failure to observe that which was clearly visible, John Hardwick and Plaintiff's vehicles; g. Failure to make proper and safe visual inspections of other drivers lawfully operating their vehicles on the roadway; h. Operation of a vehicle so as to create a dangerous situation for other vehicles on the roadway; i. Failure to operate a vehicle in accordance with existing traffic conditions; j. Reckless and careless operation of a motor vehicle; and k. Violating the motor vehicle laws of the Commonwealth of Pennsylvania, specifically 75 Pa. Cons. Stat. § 3111. 19. As a sole result of Defendant's conduct, Plaintiff suffered injuries which may be permanent and serious, including, but not limited to the following: a. Acute pain in head; b. Acute pain in neck; c. Acute pain in back; d. Cervical strain /sprain; and e. Popping and severe pain in her left hip, requiring injections and aggravating/ exacerbating a previous condition. 20. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff has been advised and, therefore avers, that the aforementioned injuries are /were serious and may be permanent in nature and effect and, thus, a claim for these injuries is made. 4 21. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff has incurred medical expenses for the injuries she has sustained, and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 22. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff has suffered a loss of wages and may have suffered an impairment of her future earning power and capacity, and thus, a claim for these losses is made. 23. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff has undergone in the past and may continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 24. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff may have suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 25. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff may have suffered special or general damages, which may be revealed during discovery, and thus, a claim for these losses is made. 5 WHEREFORE, Plaintiff, Eugenia Zharichenko, respectfully requests your Honorable Court grant judgment in her favor and against the Defendant, Mackenzie Ryan, in an amount in excess of the amount requiring compulsory arbitration. COUNT II EUGENIA ZHARICHENKO v. FRANKLIN RYAN NEGLIGENT ENTRUSTMENT 26. Paragraphs 1 through 25 are incorporated herein by reference and made a part thereof as if set forth in full. 27. Defendant, Franklin Ryan, negligently and recklessly entrusted his vehicle to Defendant, Mackenzie Ryan, who he knew, or should have known, would drive in a dangerous and reckless manner, would not follow the Pennsylvania Motor Vehicle Code, and would present a danger to other drivers on the roadway. 28. As a direct and proximate result of the accident and of the Defendant Franklin Ryan's negligent entrustment of his vehicle to Defendant Mackenzie Ryan, Plaintiff suffered injuries and damages set forth above. 29. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff has been advised and, therefore avers, that the aforementioned injuries are /were serious and may be permanent in nature and effect and, thus, a claim for these injuries is made. 6 30. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff has incurred medical expenses for the injuries she has sustained, and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 31. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff has suffered a loss of wages and may have suffered an impairment of her future earning power and capacity, and thus, a claim for these losses is made. 32. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff has undergone in the past and may continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 33. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff may have suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 34. As a direct and proximate result of the injuries sustained in the motor vehicle accident and Defendant's conduct, Plaintiff may have suffered special or general damages, which may be revealed during discovery, and thus, a claim for these losses is made. 7 WHEREFORE, Plaintiff, Eugenia Zharichenko, respectfully requests your Honorable Court grant judgment in her favor and against the Defendant, Franklin Ryan, in an amount in excess of the amount requiring compulsory arbitration. Respectfully Submitted, SCHMI KRA ER, PC By. Scott B. Cooper I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232 -6300 (t) (717) 232 -6467 ( fl scooper@schmidtkramer.com Date: L'�� -� Attorney for Plaintiff 8 s VERIFICATION I, Eugenia Zharichenko, hereby verify that the statements set forth herein are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifi- cation to authorities. Date: �.- Eugenia Zharichen o SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F;LEO-OFF IU Sheriff OE' THE PRD T HONID I)Wx'� �ola�aVV at�'YUn6er�a�d . Jody S Smith Chief Deputy rN 2013 APR 17 t [} 1 xv f{] Richard W Stewart ' 0hSBER[,AidO r Q• e{j" Solicitor Orr ISE OF TRE SHERIFF PENNSYLVANIA Eugenia Zharichenko vs Case Number Franklin Ryan (et al.) 2013-1795 SHERIFF'S RETURN OF SERVICE 04/11/2013 06:47 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Mackenzie Ryan, daughter of defendant, who accepted as"Adult Person in Charge"for Franklin Ryan at 7 Boxwood Lane, Lower Allen, Camp Hill, PA 17011. RYAN BURGETf, DEPUTY 04/11/2013 06:47 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Mackenzie Ryan at 7 Boxwood Lane, Lower Allen, Camp Hill, PA 17011. c RYAN BURGETT, DE "�Y SHERIFF COST: $59.46 SO ANSWERS, April 15, 2013 RbNW R ANDERSON, SHERIFF (z)C,ounty5uua Sharifl,TeLOSOtt. Im Johnson, Duff ie, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 Attorneys for Defendants 301 Market Street C) r -� P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 Co :0. ! (717) 761-4540 jbr @jdsw.com �� CD C--) — CD art EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAC,O�- CUMBERLAND COUNTY,'' Plaintiff PENNSYLVANIA V. NO. 2013-1795 FRANKLIN RYAN and MACKENZIE CIVIL ACTION – LAW RYAN, JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendants, Franklin Ryan and Mackenzie Ryan, in the above-captioned action. Respectfully submitted, �10HNS ZQ)JFF�E, STE-WART & WEIDNER # y ig 6.1 D. No. 19616 301 Market Street P O Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr @jdsw.com Counsel for Defendants :553002 CERTIFICATE OF SERVICE AND NOW, this Z day of April, 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Scott B. Cooper, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff JO NSON, DUFFIE, STEWART & WEIDNER I Je rey B. Ret Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 Attorneys for Defendants 301 Market Street v P. O. Box 109 r n. , Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 W C) jbr @jdsw.com --I ems :. EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 2013-1795 FRANKLIN RYAN and MACKENZIE CIVIL ACTION — LAW RYAN, JURY TRIAL DEMANDED Defendants STIPULATION OF COUNSEL IT IS HEREBY stipulated by and between Scott B. Cooper, Esquire, counsel for Plaintiff, and Jeffrey B. Rettig, Esquire, counsel for Defendants, that all references in Plaintiff's Complaint to reckless or recklessness are deleted. '10 H SSO JDF E, STE�NART WEIDNER e Mendants C SCHMIDT AM C By: `7 Scott B. Cooper Counsel for Plaintiff :553268 CERTIFICATE OF SERVICE AND NOW, this 2"d day of May, 2013, the undersigned does hereby certify that she did this date serve a copy of the foregoing Stipulation upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Scott B. Cooper, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART &WEIDNER -A. Ckleen S. Jensen j j=i .E0-0F FIC i _,Hir ;0 i NppTA[ (3J9 -6 ai it: 2l Johnson, Duffie, Stewart & Weidner 'UQR� taldp GOUTY By: Jeffrey B. Rettig !EWASYLVAt"' I.D. No. 19616 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr @jdsw.com EUGENIA ZHARICHENKO, -IN THE COURT°OF'COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 2013-1795 FRANKLIN RYAN and MACKENZIE CIVIL ACTION — LAW RYAN, : JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD To: Plaintiff c/o Scott B. Cooper, Esquire 209 State Street Harrisburg, PA 17101 You are hereby notified to file a written response to the enclosed Defendants' Answer to Plaintiff's Complaint with New Matter within twenty (20) days from service hereof or a judgment, may be entered against you. Respectfully submitted, Johnson, Duffie, Stewart &Weidner Anthony T. Lucido, Esquire Attorney for Defendants Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr @jdsw.com EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 2013-1795 FRANKLIN RYAN and MACKENZIE CIVIL ACTION — LAW RYAN, JURY TRIAL DEMANDED Defendants DEFENDANTS'ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendants Franklin Ryan and Mackenzie Ryan, through their attorneys, Johnson, Duffie, Stewart & Weidner, and file this Answer to Plaintiff's Complaint, and in support thereof, aver as follows: 1. After reasonable investigation, Answering Defendants lack knowledge and information sufficient to form a belief as to the truth of this allegation. Accordingly, the allegation is denied and strict proof thereof is demanded at time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. After reasonable investigation, Answering Defendants lack knowledge and information sufficient to form a belief as to the truth of this.allegation. Accordingly, the allegation is denied and strict proof thereof is demanded at time of trial. 6. Admitted. 7. Admitted. 8. Admitted. 9. After reasonable investigation, Answering Defendants lack knowledge and information sufficient to form a belief as to the truth of this allegation. Accordingly, the allegation is denied and strict proof thereof is demanded at time of trial. By way of further response, it is admitted that Answering Defendant, Mackenzie Ryan, was wearing her seatbelt at the time of the accident. 10. After reasonable investigation, Answering Defendants lack knowledge and information sufficient to form a belief as to the truth of this allegation. Accordingly, the allegation is denied and strict proof thereof is demanded at time of trial. 11. Admitted. 12. Admitted in part and denied in part. It is admitted only that Answering Defendant Mackenzie Ryan was driving behind the vehicle operated by John Hartwick. The remaining allegations of this paragraph are denied as legal conclusions to which no response is required. To the extent a response is deemed necessary, it is specifically denied that Answering Defendant was operating her vehicle at an excessive speed. To the contrary, Answering Defendant was driving her vehicle under the posted speed limit, both due to heavy traffic congestion and inclement weather. 13. Admitted in part and denied in part. It is admitted only that Answering Defendant Mackenzie Ryan collided with the rear of John Hartwick's vehicle. The remaining allegations of this paragraph are denied, and strict proof thereof is demanded at time of trial. 14. After reasonable investigation, Answering Defendants lack knowledge and information sufficient to form a belief as to the truth of this allegation. Accordingly, the allegation is denied and strict proof thereof is demanded at time of trial. 15. After reasonable investigation, Answering Defendants lack knowledge and information sufficient to form a belief as to the truth of this allegation. Accordingly, the allegation is denied and strict proof thereof is demanded at time of trial. COUNT Eugenia Zharichenko v Mackenzie Ryan - Negligence 16. Answering Defendants incorporate by reference their responses to paragraphs 1 through 15 above as though fully set forth herein. 17. Denied as conclusions of law to which no responsive pleading is required. 18. Denied as conclusions of law to which no responsive pleading is required. 19. Denied pursuant to Pa.R.C.P. 1029(e). 20-25. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants Franklin Ryan and Mackenzie Ryan demand judgment in their favor and request that Plaintiff's Complaint be dismissed, with prejudice. COUNT II Eugenia Zharichenko v Franklin Ryan - Negligent Entrustment 26. Answering Defendants incorporate their responses to paragraphs 1 through 25 above as though fully set forth herein. 27. Denied as conclusions of law to which no responsive pleading is required. 28-34. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants Franklin Ryan and Mackenzie Ryan demand judgment in their favor and request that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 35. Plaintiff's claims may be barred by the applicable statute of limitations. 36. Plaintiff's alleged injuries and damages, which are specifically denied, were pre- existing in nature. 37. Answering Defendant Mackenzie Ryan's conduct was not a factual cause of Plaintiff's alleged injuries or damages. WHEREFORE, Answering Defendants Franklin Ryan and Mackenzie Ryan demand judgment in their favor and request that Plaintiff's Complaint be dismissed, with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: - Anthony T. Lucido I. D. No. 76583 301 Market Street P O Box 109 Lemoyne, PA 17043 (717) 761-4540 atl @jdsw.com Counsel for Defendants :559175 VERIFICATION I, Mackenzie Ryan, hereby acknowledge that I have read the foregoing Answer to Plaintiff's Complaint with New Matter, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Mackenzie R n DATES J CERTIFICATE OF SERVICE AND NOW, this -51/day of June, 2013, the undersigned does hereby certify that she did this date serve a copy of the foregoing Answer with New Matter to Plaintiff's Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Scott B. Cooper, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART &WEIDNER By: lt0.x' W, (��) Ca teen S. Jens t) SCHMIDT KRAMER PC <..... . '..!{ ICJ Fi 1%' By: Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Iv`;SYLV'Ab:!F� Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax scooper@schmidtkramer.com. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS EUGENIA ZHARICHENKO CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. JURY TRIAL DEMANDED FRANKLIN RYAN AND MACKENZIE RYAN Defendants : NO. 2013-1795 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS FRANKLIN & MACKENZIE RYAN 35. Paragraph 35 of Defendants' New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 35 are denied and strict proof is demanded thereof from the Defendants prior to the time of trial. 36. Paragraph 36 of Defendants' New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 36 are denied and strict proof is demanded thereof from the Defendants prior to the time of trial. 37. Paragraph 37 of Defendants' New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 37 are denied and strict proof is demanded thereof from the Defendants prior to the time of trial. WHEREFORE, the Plaintiff Eugenia Zharichenko respectfully requests that this honorable Court dismiss the Defendants' New Matter with prejudice and enter judgment in her favor as requested in her Complaint. Respectfully Submitted, SCHMIDT KRAMER, PC By: Scott B. Cooper I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) scooper@schmidtkramer.com Date: � � Attorney for Plaintiff 2 ATTORNEY VERIFICATION I, Scott B. Cooper, Esquire, verify that I am attorney of record for the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Respectfully Submitted, SCHMIDT KRAMER, PC By: �y�- Scott B. Cooper I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) scooper@schmidtkramer.com Date: �/� 3 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this lt day of June, 2013, I, Scott B. Cooper, Esquire, hereby certify that i have this day served a true and correct copy of the foregoing Plaintiff's Response to Defendants' New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: ANTHONY T. LUCIDO, ESQ. JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street PO Box 109 Lemoyne, PA 17043 Respectfully submitted, SCHMIDTT KRAAMER PC By: / {^ Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ZHARICHENKO Vs. NO. 2013 1795-'Or-v, r'n'6-A RYAN ' �a c!? CERTIFICATE �3 T' PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ! c--y As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009 .22 ANTHONY T LUCIDO, ESQUIRE certifies that: 1 . A Notice of- Intent to Serve the Subpoena(s) with a copy of the subpoena (s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena (s) is sought to be served, 2 . A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3 . No objection to the subpoena(s) has been received, and 4 . The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 08/13/13 ANTHONY T LUCIDO, ESQUIRE 305 N FRONT ST 6TH FL HARRISBURG, PA 17101 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Ruby Schwartzberg MLR File #: M413382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ZHARICHENKO Vs. RYAN No. 2013 1795 TO: SCOTT COOPER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one (s) 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. Date: 07/23/13 ANTHONY T LUCIDO, ESQUIRE 305 N FRONT ST 6TH FL HARRISBURG, PA 17101 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Ruby Schwartzberg Enc (s) : Copy of subpoena (s) Counsel return card File #: M413382 COQ.vV-, W_E&LT19 OF PE ,-VA . COUNry OF CL P+IDERIAM ZHARICHENKO Vs. File No. 2013 1795 RYAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 NATIONWIDE INS, PO BOX 2655, HARRISBURG PA 17105-9971 TO: ATTN: CAROL SOWERS (Nwm of Person or Entity), Within twenty (20) .days after service of this subpoena, you are ordered by the court to produce the f o 1 1 ow i ng documents A SEE gTTACHEIVAD at _ MEDICAL LEGAL REPRODUCTIONS(A&f%ts�940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested b� this subpoena, together with the certificate of ccRpliance, to the party making thiZ request at the address listed above. You have the right to seek in advance the rea.onablc 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 thi, subpoena may seek a court order cxxrpe l l i ng you to ca, 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME.: ANTHONY T LUCIDO, ESQ ADDRESS: _ 10r; N FRI)NT R T 17101 TELEPHONE: SUPREME COURT ID # 215-3 3 5-3 212 ATTORNEY FOR: DEFENDANT BY THE COURT. M413382-01 Prothonotary/Clerk, Civil Division DATE 4 Sea 1 of t. e Court Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA. ZHARICHENKO Vs. No. 20-13 1795 RYAN CUSTODIAN OF RECORDS FOR: NATIONWIDE INS **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: EUGENIA ZHARICHENKO ADDRESS : 532 WINDY WAY NEW CUMBERLAND PA DATE OF BIRTH: 03/29/70 SSAN: XXXXX1754 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for NATIONWIDE INS CUMBERLAND M413382-01 * * * SIGN AND RETURN THIS PAGE ADDENDUM Nationwide Insurance Copy of the entire claim file to include, but not limited to, recorded statements, investigation, police report, photographs, property damage appraisals, medical records,forms, incoming and outgoing correspondence,claim notes, settlement documents and any other document whatsoever pertaining to DOL 8/14/2010; plaintiff Eugenia Zharichenko; Nationwide Insured Troy Fry; Claim No 5837D618017 from 8/14/2010 to present. O0r.%V N LTH OF PR%S-f1 z�A COUNTY OF CUMBEPIAM ZHARICHENKO Vs . File No. 2013 1795 RYAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 LOWER ALLEN TOWNSHIP, 2233 GETTYSBURG RD, CAMP HILL PA 17011 TO: ATTN: EMS D I V (Na—m of PWSon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the f o 1 1 ow i ng documents SEE s XTTAUF1M_AD -- at MEDICAL LEGAL REPRODUCTIONS(A&K§s�940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested t, this subpoena, together with the certificate of eempliance, to the party making thi; request at the address listed above. You have the right to seek in advance the rea.onabl.. cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twent, (20) days after its service, the party serving th i; subpoena may seek a court orde. am pelting you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY T LUCIDO, ESQ AMRESS: 'IDS N FRONT S T HARRISBURG PA 17101 TELEPHONE: 215-335-3212 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT Y THE COURT M413382-02 DATE• els Prothonotary/Clerk, C1 i t Division Seat of t e Court Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ZHARICHENKO Vs. No. 2013 1795 RYAN CUSTODIAN OF RECORDS FOR: LOWER ALLEN TOWNSHIP COPY OF THE ENTIRE EMS, ABMULANCE AND TRANSPORT PERTAINING TO DATE, 5/19/11 . PERTAINING TO: NAME: EUGENIA ZHARICHENKO ADDRESS : 5,32 WINDY WAY NEW CUMBERLAND PA DATE OF BIRTH: 03/29/70 SSAN: XXXXX1754 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for LOWER ALLEN TOWNSHIP CUMBERLAND M413382-02 * ** SIGN AND RETURN THIS PAGE 0W.Cb WEALTH OF raa cyLV7IANI COUNTY OF C R4BERLAND ZHARICHENKO Vs. File No. 2013 1795 RYAN SUBPOENA TO PRODUCE DOCU-ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 HALLMARK INC, 1800 CENTER ST, CAMP HILL PA 17011 T0: ATTN: PERSONNEL DEPARTMENT (Na' of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the f o 11 ow i ng documents gA SEE 'TFACEEM ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(A&#;&st940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested h this subpoena, together with the certificate of ccnpliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea,onabl cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twent- (20) days after its service, the party serving thi, subpoena may seek a court order c=pelting you to cone1y with it. THIS SUBPOENA WAS ISSLIED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY T LUCIDO, ESQ ADDRESS: _ 10S N FRONT ST 17101 TELEPHONE: 215-335-3212 SUPREME OOURT ID # _ ATTORNEY FOR: DEFENDANT %THEE O'O<1RT M413382-03 1 DATE-,- Prothonotary/Clerk, Civil Division _ d Seal of the Court Z-� Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ZHARICHENKO Vs. No. 2013 1795 RYAN CUSTODIAN OF RECORDS FOR: HALLMARK INC **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: EUGENIA ZHARICHENKO ADDRESS : 532 WINDY WAY NEW CUMBERLAND PA DATE OF BIRTH: 03/29/70 SSAN: XXXXX1754 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for HALLMARK INC CUMBERLAND M413382-03 * ** SIGN AND RETURN THIS PAGE ADDENDUM Hallmark, Inc Copy of the entire employment/personnel file to include, but not limited to, employment application, attendance records, wage records, evaluations, forms, disability documents, disability application forms, and any other documents whatsoever contained in the employment file from 1/1/1995 to present. C7OK,0-,TW`EALT11i OF P007cYg,�,rANITI. COUNTY OF CUMBERLAND ZHARICHENKO Vs . File No. 2013 1795 RYAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT.TO RULE 4009.22 HAZLETON GEN HOSP, 700 E BROAD ST, HAZLETON PA 18201 TO: ATTN: MEDICAL RECORDS DEPT .(N--i-- of Person, or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol lowing documents orSng�T,r, D at ��NN +MEDICAL LEGAL REPRODUCTIONS(AddreSs1940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested t); this subpoena, together with the certificate of ccr p l i ante, to the party making th i request at the address listed above. You have the right to seek in advance the reasonabl.- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within talent; (20) days after its service, the party serving thii subpoena may seek a court order cxnpel l ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY T LUCIDO, ESQ ADDRESS: 305 N FRONT ST 17101 TELEPHONE: 215-335-3212 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT - THE COURT: M413382-04 DATE: s ., .. )) Prothonotary/Clerk, Civil Division Seal' of'thG.tourt Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA ZHARICHENKO Vs . No. 2013 1795 RYAN CUSTODIAN OF RECORDS FOR: HAZLETON GEN HOSP COPY OF ANY AND ALL RECORDS TO INCLUDE BUT NOT LIMITED TO ER VISITS OF 8/18/10, 8/19/10 AND 8/20/10 . PERTAINING TO: NAME: EUGENIA ZHARICHENKO ADDRESS : 532 WINDY WAY NEW CUMBERLAND PA DATE OF BIRTH: 03/29/70 SSAN: XXXXX1754 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for HAZLETON GEN HOSP CUMBERLAND M413382-04 * * * SIGN AND RETURN THIS PAGE C0`.,—Z)NW-E 1 TH OF P'RqqSYisV_ANI2i. COUNTY OF CUMBERLAND ZHARICHENKO Vs . File No. 2013 1795 RYAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS .FOR DISCOVERY PURSUANT TO RULE 4009.22 JOHNS HOPKINS HOSP, 600 N WOLFE ST PHIPPS B150, BALTIMORE MD 21287 TO: ATTN: MED REC/CORRESPONDENCE (Na^ee of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following document s g SEE XT E�D at MEDICAL LEGAL REPRODUCTIONS(AARtsf 940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the docunents or produce things requested b, this subpoena, together with the certificate of compliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onabl cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within talent, (20) days after its service, the party serving thi, subpoena may seek a court order cxxTpe l l i ng you to camp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY T LUCIDO, ESQ ADDRESS: _ 'i n S N FRONT ST 17101 TELEPHONE: - 215-335-3212 SUPREME COURT ID # _ ATTORNEY FOR: DEFENDANT BY T}E COURT. M413382-05 Prothonotary/Clerk, Civil Division DATE, . OU Seal of the 6ourt Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ZHARICHENKO Vs . No. 2013 1795 RYAN CUSTODIAN OF RECORDS FOR: JOHNS HOPKINS HOSP ANY AND ALL MEDICAL RECORDS TO INCLUDE BUT NOT LIMITED TO OFFICE VISITS, CLINIC VISITS, ER VISITS AND ANY OTHER DOCUMENTS WHATSOEVER CONTAINED IN THE MEDICAL FILE FROM 1/1/11 TO PRESENT. PERTAINING TO: NAME: EUGENIA ZHARICHENKO ADDRESS : 532 WINDY WAY NEW CUMBERLAND PA DATE OF BIRTH: 03/29/70 SSAN: XXXXX1754 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : (` ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for JOHNS HOPKINS HOSP CUMBERLAND M413382-05 ** * SIGN AND RETURN THIS PAGE 0or-RAD-WEALTH OF PRaRZY..�TiANTI 1 COUNPY OF CLIK3E JAND ZHARICHENKO Vs . File No. 2013 1795 RYAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 PRISM, 175 LANCASTER BLVD BOX 2028, MECHANICSBURG PA 17,055 TO: (`:ame 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 thing�T i at _ �iNN MEDICAL LEGAL REPRODUCTIONS(AMetst940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested t� this subpoena, together with the certificate of compliance, to the party making thiZ request at the address listed above. You have the right to seek in advance the rea7,onablr 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 'thi, subpoena may seek a court orde;- cxmpel l ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY T LUCIDO, ESQ. ADDRESS:_ 30-5-N FRONT ST HARRISBURG-., PA 17101 TELFPHONE: 21 -3 - 2-= SUPREhE COURT ID # ATTORNEY FOR: DEFENDANT %YTHE COURT: M413382-06 Prothonotary/Clerk, Civil Division DATE: o� Seal of the Court. Deputy (Eff. 7/9T) ADDENDUM TO SUBPOENA ZHARICHENKO Vs . No. 2013 1795 RYAN CUSTODIAN OF RECORDS FOR: PRISM ANY AND ALL MEDICAL RECORDS TO INCLUDE BUT NOT LIMITED TO ALL INCOMING AND OUTGOING CORRESPONDENCE, OFFICE NOTES, CHART NOTES, FORMS AND ANY OTHER DOCUMENTS WHATSOEVER FROM 1/1/05 TO PRESENT. PERTAINING TO: NAME: EUGENIA ZHARICHENKO ADDRESS : 532 WINDY WAY NEW CUMBERLAND PA DATE OF BIRTH: 03/29/70 SSAN: XXXXX1754 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN I RECORDS ARE ATTACHED HERETO. 'I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS PATIENT BILLING X-RAYS RECORDS / XRAYS have been destroyed Date Authorized signature for PRISM CUMBERLAND M413382-06 SIGN AND RETURN THIS PAGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ZHARICHENKO -=- V s. I= "L7 -O rn- NO. 2013 1795,,)r acj RYAN t-' "`'C.) {C o-T-t CERTIFICATE Z:4CD ,C-; PREREQUISITE TO SERVICE OF A SUBPOENA w > CrN PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009 .22 ANTHONY T LUCIDO, ESQUIRE certifies that: 1 . A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2 . A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3 . No objection to the subpoena(s) has been received, and 4 . The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the,.Subpoena(s) . Date: 09/23/13 ANTHONY T LUCIDO, ESQUIRE 305 N FRONT ST 6TH FL HARRISBURG, PA 17101 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL 03AIVM3 Q'S] 4940 DISSTON STREEODUCTIONS, INC. PHILADELPHIA PA 19135 (215) 335-3336 By: Ruby Schwartzberg MLR File # : M414522 ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ZHARICHENKO Vs. RYAN No. 2013 1795 TO: SCOTT COOPER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena (s) identical to the one (s) 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. Date: 08/30/13 ANTHONY T LUCIDO, ESQUIRE 305 N FRONT ST 6TH FL HARRISBURG, PA 17101 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Ruby Schwartzberg Enc (s) : Copy of subpoena (s) Counsel return card File #: M414522 { _T,,V,,gVE e`tH OF PE'07—cz --;�- LZL COUNTY OF CUMBERLAND ND ZHARICHENKO Vs. File No. 2013 1795 RYAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HIGHMARK HEALTH SERVICES, 120 FIFTH AVE STE 2180, PITTSBURGH PA 1522_ TO: ATTN:. LEGAL DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol lowing documents orSngsTHEI _AD at _ ----- MEDICAL LEGAL REPRODUCTIONS(A ebst940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested t;, this subpoena, together with the certificate of canpliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onab!e cost of preoar i ng the copies or pr odduc i nn the t!^t r i"- sought. If you fail to produce the documents or things required by this subpoena within twenty (2v) days after its service, the party serving thi, subpoena may seek a court orde;- cxxTpe l l i ng you to comp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY T LUCIDO, ESQ ADDRESS: 305 N FRONT ST 17101 TELEPH)NE: 215-335-3212 SUPRe-E OOURT ID # ATTORNEY FOR: DEFENDANT I3Y THE 00URT M414522-01 _za� ' I 1�/_1CLY� 3 /✓ Prothonotary/Clerk, Civil Division DATE: Seal of"th4 Court �J Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ZHARICHENKO Vs . No. 2013 1795 RYAN CUSTODIAN OF RECORDS FOR: HIGHMARK HEALTH SERVICES **SEE ATTACHED ADDENDUM** PERTAINING TO:, NAME: EUGENIA ZHARICHENKO ADDRESS : 532 WINDY WAY NEW CUMBERLAND PA DATE OF BIRTH: 03/29/70 SSAN: XXXXX1754 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING { } X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for HIGHMARK HEALTH SERVICES CUMBERLAND M414522-01 * ** SIGN AND RETURN THIS PAGE ADDENDUM Highmark Health Services Copy of the entire employment/personnel file to include, but not limited to,employment application, attendance records,wage records,evaluations,forms, disability documents, disability application forms, and any other documents whatsoever contained in the employment file from 1/1/1995 to present. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ZHARICHENKO Vs. ° NO. 2013 1795 -05- p ' RYAN rn r^ n - , . r... CERTIFICATE c PREREQUISITE TO SERVICE OF A SUBPOENA �° 7r. CD PURSUANT TO RULE 4009.22 c) As a prerequisite to service of a subpoena (s) for documents and things pursuant to Rule 4009 .22 ANTHONY T LUCIDO, ESQUIRE certifies that : 1 . A Notice of Intent to Serve the Subpoena (s) with a copy of the subpoena (s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena (s) is sought to be served, 2 . A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3 . No objection to the subpoena(s) has been received, and 4 . The subpoena (s) which will be served is identical to the subpoena (s) which is attached to the Notice of Intent to Serve the Subpoena (s) . Date: 11/22/13 ANTHONY T LUCIDO, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Ruby Schwartzberg MLR File #: M416229 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ZHARICHENKO Vs . RYAN No. 2013 1795 TO: SCOTT COOPER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena (s) identical to the one (s) 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. Date: 11/01/13 ANTHONY T LUCIDO, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Ruby Schwartzberg Enc (s) : Copy of subpoena (s) Counsel return card File # : M416229 • U.A"'IJNwrtu;l 11 OF FuzzyL V ANTIA COUNTY OF CUMBERLAND • ZHARICHENKO • • 2013 1795 Vs . File No. RYAN •• • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ROTHMAN INST, 925 CHESTNUT ST 5TH FL, PHILA PA 19107 TO: (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 osittinAgr TACHFJ) ADDENDUM _ at MEDICAL LEGAL REp1 ODDCTIONS, INC, 4940 DT,SSTON ST. , PHILA. , PA (Address) You may ' deliver or mail legible copies of the documents or produce things requested h� this subpoena, together- with the certificate of carpliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onable 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 orde- canpelling you to amply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY T LUCIDO, ESQ ADDRESS: 301 MARKET ST LF.mnYNE, PA 17043 • TELEPHONE: 215-335 3212 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT BY THE COURT: M416229-01 J /'2 Poc_ z • Proth not- y/Clerk, Civil Division DATE: ,) Seal of th Court IA _ _ 4111 • .' . A,. .. i Ala Deputy • • (Eff. 7/97) • ADDENDUM TO SUBPOENA •ZHARICHENKO Vs. No. 2013 1795 RYAN CUSTODIAN OF RECORDS FOR: ROTHMAN INST **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: EUGENIA ZHARICHENKO ADDRESS : 532 WINDY WAY NEW CUMBERLAND PA DATE OF BIRTH: 03/29/70 SSAN: XXXXX1754 • • CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for ROTHMAN INST CUMBERLAND M416229-01 ** * SIGN AND RETURN THIS PAGE * ** ADDENDUM • Copy of the entire medical file to include, but not limited to, all incoming and outgoing correspondence, office notes,chart notes,computer documents,forms, testing and any other documents whatsoever contained in the medical file from 1/1/2008 to present. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY f ZHARICHENKO Vs . NO. 2013-1795?7?.. RYAN CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 ANTHONY T LUCIDO, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 09/08/14 MLR File 4: M425273 ANTHONY T LUCIDO, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Ruby Schwartzberg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ZHARICHENKO Vs. RYAN TO: SCOTT COOPER, ESQ (PLAINTIFF) No. 2013-1795 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 08/15/14 Enc(s): File #: Copy of subpoena(s) Counsel return card M425273 ANTHONY T LUCIDO, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE .ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET - PHILADELPHIA, PA 19135 (215) 335-3336 By: Ruby Schwartzberg TO: ZHARICHENKO Vs. RYAN COMMDNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File 2013-1795 No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 NATIONWIDE INS, PO BOX 2655, HARRISBURG PA 17105-9971 ATTN: CAROL SOWERS (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 orsyllgAITACHED ADDENDUM at MEDICAL LEGAL REPRupuLTIONST—IN , 4940 DISSTON ST., PHILA., (Address) You may deliver or mail legible copies of the documents or produce things requested this subpoena, together with the certificate of compliance, to the party making th 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 thil subpoena may seek a court orde- ocImpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY T LUCIDO, ESQ ADORESS: 301 MARKET ST TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: M425273-01 DATE: LEMOYNE, PA 17043 DEFENDANT BY 11-E JRT: F.• Prot 'ono ary/Cle-k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ZHARICHENKO Vs. RYAN CUSTODIAN OF RECORDS FOR: NATIONWIDE INS No. 2013-1795 COPY OF ALL PROPERTY DAMAGE PHOTOS AND APPRAISALS PERTAINING TO DOL 8/14/10 PLAINTIFF EUGENIA ZHARICHENKO; NATIONWIDE INSD TROY FRY CLM# 5837D618017. PERTAINING TO: NAME: ADDRESS: DATE OF BIRTH: SSAN: EUGENIA ZHARICHENKO 532 WINDY WAY NEW CUMBERLAND PA 03/29/70 XXXXX1754 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ) RECORDS ARE ATTACHED HERETO: 1 hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS Date CUMBERLAND M425273-01 ( ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed Authorized signature for NATIONWIDE INS *** SIGN AND RETURN THIS PAGE *** ZHARICHENKO Vs. RYAN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File 2013-1795 No. SUBPOENA TO PRODUCE DOCLMENTS OR THINGS FOR DISWVERY PURSUANT TO RULE 4009.22 LIBERTY MUTUAL GROUP INC, 512 TOWNSHIP LINE RD #300, BLUE BELL PA 19422 TO: ATTN: CLAIMS MANAGER (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 orgittgATTACID -ADDENDUM at MEDICAL -LEGAL REPRODUCTIONS, INC, 4940 DISSTON ST., PHILA., P (Address) You may deliver or mail legible copies of the documents or produce things requestedh this subpoena, together with the certificate of compliance, to the party making thiz request at the address listed above. You have the right to seek in advance the rea5cnable cost of preparing the copies or producing the things sought. If you fail (20) days after oampelling you to THIS SUBPOENA WAS NAME: ADDRESS: to produce the documents or things required by this subpoena within twenty its servce, the party serving thil subPoena may seek a court ordei- comply with it. ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ANTHONY T LUCIDO, ESQ 301 MARKET ST LEMOYNE, PA 17043 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: M425273-02 DATE: 21 DEFENDANT EKY THE COURT: Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ZHARICHENKO Vs. No. 2013-1795 RYAN CUSTODIAN OF RECORDS FOR: LIBERTYMUTUALGROUPINC COPY OF ALL PROPERTY DAMAGE PHOTOS AND APPRAISALS PERTAINING TO DOL 5/19/11PLAINTIFF EUGENIA ZHARICHENKO CLM# 01895252006. PERTAINING TO: NAME: EUGENIA ZHARICHENKO ADDRESS: 532 WINDY WAY NEW CUMBERLAND PA DATE OF BIRTH: 03/29/70 SSAN: XXXXX1754 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. AWDOCUMWTSAVALLABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND M425273-02 LIBERTY MUTUAL GROUP INC *** SIGN AND RETURN THIS PAGE *** ,r Johnson, Duffie, Stewart & Weidner By: Anthony T. Lucido -�` ;1• : I.D. No. 76583 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 atl@jdsw.com EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 2013-1795 FRANKLIN RYAN and MACKENZIE CIVIL ACTION — LAW RYAN, JURY TRIAL DEMANDED Defendants JOINT STIPULATION FOR DISMISSAL OF DEFENDANT FRANKLIN RYAN AND NOW, this ZS'4 day of September, 2014, counsel for the undersigned parties hereby stipulate that Plaintiff's claim for negligent entrustment is withdrawn and that Franklin Ryan is dismissed from the case, with prejudice. The caption shall be amended consistent with this Stipulation, to read: Eugenia Zharichenko, Plaintiff, v. Mackenzie Ryan, Defendant. JOHNSON, DUART &WEIDNER By: r--r7 Anthony T. Lucido Counsel for Defendants SCHMIDT KRAME P.C. By: cott . Cooper Counsel for Plaintiff :650551 �n A Y�- s CERTIFICATE OF SERVICE AND NOW, this fl� day of October, 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing Joint Stipulation for Dismissal of Defendant Franklin Ryan upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Scott B. Cooper, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART &WEIDNER By:_ �Gr Anthony Lucido