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Home My WebLink About13-2593 Supreme Court of Pennsylvania Cou Com Pleas ,� 11�( et For Prothonotary Use Only: CU' ' v+ " n*� VV COUllty Docket No: T The information collected on this form is used solely for court administration purposes. This forrn does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ❑ Complaint ❑Q Writ of Summons ❑ Petition El Notice of Appeal S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: . Joshua D. Dett'inger , Kimberly M. buonassisi I ❑ Check here if you are a Self - Represented (Pro Se) Litigant i 0 Name of Plaintiff/Appellant's Attorney: W SCOtt He in N Dollar Amount Requested: ❑ within arbitration limits Are money damages requested?: ❑X Yes ❑ No (Check one) �_ outside arbitration limits f A 4 Is this a Class Action Suit? ❑ Yes ❑x No L 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 f you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ' ❑X Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ------ ❑ Dept. of Transportation ❑ Premises Liability ❑Zoning Board i S ❑ Product Liability (does not include ❑ Statutory Appeal: Other E mass tort) El Dispute: -� ❑ Slander/Libel/ Defamation Discrimination i C ❑ Other: _ ❑Employment Dispute: Other , Judicial Appeals ❑ MDJ - Landlord/Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT c- — - []Other: ❑ Asbestos N Toba ❑ H Toxic Tort - DES ❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment J E] Common Law /Statutory Arbitration B ❑ Other: T , .. __,_ ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment y ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Othe El Other Professional• _ ' 1 Pa.R. C.P. 205.5 212010 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us F IL ED - OF EIC�": OF THE PROTHONOTAR"( 2013 MAY --9 AM 11: 35 CUMBERLAND COUNTY W. Scott Henning PENNSYLVANIA Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238 -2000 Attorney for Plaintiff(s) Fax : (717) 233 -3029 E -mail: Henning @hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 Civil Action (XX) Law ( ) Equity Joshua D. Dettinger : Kimberly M. Buonassisi 109 Twin Hills Road : 315 W. Shady Lane Apt 15 Apt. J Dillsburg, PA 17019 Enola, PA 17025 versus Plaintiff(s) & Address(es) Defendant(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. X Writ of Summons Shall be issued and forwarded o ( )A orney (XX)Sheriff W. Scott Henning G Handler, Henning & Rosenberg, LLP ' 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Signature of Pdorn y (717) 238 -2000 Supreme C urt No. 3 98 Name /Address/Telephone No. s of Attorney Date: May 8, 2013 Ct 01� WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFFS S E COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: by Deputy ( --MME000=11111111111 M SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson " a L E D-0F Sheriff IrHRU € t }%'- Jody S Smith �terttr tst��rMia�icr��r '� a� 4013 1�Y 29 P14 3--Chief Deputy Richard W Stewart '• - CUMBERLAND CC3LN�fY Solicitor r � "K nor f ENNsYLVA,NIA Joshua D Dettinger Case Number VS. Kimberly M Buonassisi 2013-2593 SHERIFF'S RETURN OF SERVICE 05/1012013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kimberly M Buonassisi, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Summons as"Not Found'at 315 W. Shady lane,Apt. J, East Pennsboro, Enola, PA 17025. Current resident, Marissa Lightner does not defendant and per the Enola Postmaster the defendant moved out over two years and they were unable to provide a forwarding address. SHERIFF COST:$49.95 SO ANSWERS, May 17, 2013 RON W R ANDERSON, SHERIFF {c}County9uite Sheritt,Teleosoit,jncc. i°fLED-OF i'ICE TBF PROTHONO TAI•I JUIN -b PM 1: 49 CUMBERLAND COUNTY W. Scott Henning Attorney ID# 32298 PENNSYLVANIA HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Henning @hhriaw.com Joshua D. Dettinger IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. NO. 2013-2593 CIVIL ACTION - LAW Kimberly M. Buonassisi Defendant(s) PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please re-issue the Writ of Summons in the above referenced matter. Please instruct the Sheriff of Cumberland County to serve the Writ upon the defendant Kimberly M. Buonassisi at the following address: Kimberly M. Buonassisi 319 Walton Street Lemoyne, PA 17043 HANDLER, HENNING & ROSENBERG, LLP r By Date: �"� W. Scott H nin s . I.D. #32298 1300 Linglestow ad, uite 2 Harrisburg, PA 10 5 (717) 238-2000 f Attorney for Plaintiff l ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSHUA DETTINGER, Plaintiff NO,: 2013-2593 V. KIMBERLY M. BUONASSIS, JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Stengel, Quinn & Sofilka as attorney of record on behalf of the Defendant in the above captioned action. Attorney for D ant I.D. No. 2774094 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 - iV • CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: tOA3 3 BY: George . Eager squire Attorney for D ndant I.D. No. 277 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 r � -OFFICE:, ORIGINAL t° TP°aE PRoft-1Dr10TAr;'Y 10 13 Xt4 I a pl, t: 46 CUMBERLAND rOC1�TY PEPS 1SY1rVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSHUA DETTINGER, Plaintiff NO.: 2013-2593 V. KIMBERLY M. BUONASSIS, JURY TRIAL DEMANDED Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO: Randall O. Wenger, Prothonotary, Court of Common Pleas - Civil, 50 North Duke Street, P.O. Box 83480, Lancaster, PA 17608-3480 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of the Rule or suffer a judgment of non pros. EAGER, STENGEL, QUINN & SOFILKA DATE: BY: v George H. Eag , Esquire Attorney for D endant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 AND NOW, this 18day of 10P, 206 a Rule has been entered upon the Plaintiff as above directed. Prothonotary �� CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: W. Scott Henning Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: 7 BY: George H. Eager quire Attorney for D dant I.D. No. 277 1347 Fruit * le Pike Lancaster, PA 17601 (717) 290-7971 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff 01 Comfort', Jody S Smith ° Chief Deputy � � Richard W Stewart Solicitor E: ., _ ,. F Ew llBEpiSAv '1 pEH Joshua D Dettinger vs. Case Number Kimberly M Buonassisi 2013-2593 SHERIFF'S RETURN OF SERVICE 06/12/2013 07:07 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Matthew Buonassisi, husband of defendant, who accepted as"Adult Person in Charge"for Kimberly M Buonassisi at 319 Walton Street, Lemoyne Borough, Lemoyne, PA 17043. �{ RYAN BURGETT, DE- SHERIFF COST: $46.54 SO ANSWERS, g. X4'1 June 13, 2013 RONNY R ANDERSON, SHERIFF "'..^,,u-,y5uite Sh;nt W.Scott Henning Attorney ID#32298 HANDLER, HENNING&ROSENBERG, LLP 1300 Linglestown Road Harrisburg,PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff(s) Fax: (717)233-3029 E-mail: Henning @hhrlaw.com JOSHUA D. DETTINGER IN THE COURT OF COMMON PLEAS 109 Twin Hills Road CUMBERLAND COUNTY, PENNSYLVANIA Apartment 15 Dillsburg, PA 17019 �= ` CC c_ .; rn �,_- -c; Plaintiff(s) -� C) V. NO. 2013-2593 <� :,>� CIVIL ACTION - LAW D° o KIMBERLY M. BUONASSISI 315 W. Shady Lane Apartment J Enola, PA 17025 Defendant(s) 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 W.Scott Henning Attorney ID#32298 HANDLER,HENNING&ROSENBERG, LLP 1300 Linglestown Road Harrisburg,PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff(s) Fax: (717)233-3029 E-mail: Henning @hhriaw.com JOSHUA D. DETTINGER IN THE COURT OF COMMON PLEAS 109 Twin Hills Road CUMBERLAND COUNTY, PENNSYLVANIA Apartment 15 Dillsburg, PA 17019 Plaintiff(s) V. NO. 2013-2593 CIVIL ACTION - LAW KIMBERLY M. BUONASSISI 315 W. Shady Lane Apartment J Enola, PA 17025 Defendant(s) AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn 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 accibn 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 0 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 M1 W. Scott Henning (PA 32298) HANDLER,HENNING &ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiff Fax 717.233.3029 henning @hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JOSHUA D. DETTINGER, Plaintiff, V. NO.: 2013-2593 KIMBERLY M. BUONASSISI, Defendant. CIVIL ACTION—LAW COMPLAINT AND Now comes the Plaintiff, Joshua D. Dettinger ("Mr. Dettinger"), by and through his attorneys, HANDLER,HENNING &ROSENBERG,LLP, by W. Scott Henning, Esq., and makes the within Complaint against the Defendant, Kimberly M. Buonassisi ("Defendant"), and avers as follows: 1. Mr, Dettinger is a competent adult individual currently residing at 109 Twin Hills Road, Apartment 15, Dillsburg, York County, Pennsylvania. 2. Defendant is, upon information and belief, a competent adult individual with a last known address of 319 Walter Street, Lemoyne, Cumberland County, Pennsylvania. 3. At all times material hereto, Mr. Dettinger was the owner and operator of a 2002 Volkswagen GTI bearing Pennsylvania license plate number HTW8627 ("Plaintiffs vehicle"). 4. At all times material hereto, Defendant was the owner and operator of a 1998 Jeep Cherokee bearing Pennsylvania license plate number GJE8517 ("Defendant's vehicle"). 5. At all times material hereto, Mr. Dettinger was insured under an automobile policy with GEICO Insurance Company. 6. At all times material hereto, Defendant was insured under an automobile policy with State Farm Insurance Company. 7. At all times material hereto, it was dark and there were no adverse weather or road conditions. 8. At all times material hereto, Defendant was driving under the influence of alcohol. 9. On May 11, 2011, at approximately 9:15 p.m., Mr. Dettinger was traveling in the left northbound lane on U.S. Route 15 in Carroll Township, York County, Pennsylvania. 10. At approximately the same time and place, Defendant was traveling at a high rate of speed in the left northbound lane behind Mr. Dettinger on U.S. Route 15. 11. Suddenly and without warning, Defendant's vehicle violently struck the rear of Plaintiff s vehicle. 12. As a result of the impact, Plaintiff s vehicle was pushed over the concrete median into the southbound lanes of U.S. Route 15, where it struck the driver's side of a southbound tractor trailer. 2 13. Defendant had consumed alcohol before operating Defendant's vehicle at the time of the crash. 14. Plaintiff believes and therefore avers that Defendant's blood alcohol content (BAC) was approximately .095%. 15. As a result of the collision, Defendant was subsequently charged with Driving Under the Influence of Alcohol (DUI) in violation of 75 Pa.C.S. § 3802. 16. As a direct and proximate result of Defendant's negligence, Mr. Dettinger was transported by ambulance to Harrisburg Hospital. 17. As a direct and proximate result of Defendant's negligence, Mr. Dettinger sustained injuries as set forth more specifically below. COUNT I - NEGLIGENCE Joshua D. Dettinger v. Kimberly M. Buonassisi 18. All prior paragraphs are incorporated herein as if fully set forth below. 19. The occurrence of the aforementioned collision and all the resultant injuries to Mr. Dettinger are the direct and proximate result of the negligence and/or carelessness of Defendant, generally and more specifically as set forth below: (a) In driving her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; (b) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa.C.S. § 3714; (c) In driving after imbibing a sufficient amount of alcohol that she was rendered incapable of safely operating a motor vehicle, in violation of 75 Pa.C.S. § 3802(a)(1); 3 (d) In driving her vehicle in willful or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3736; (e) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S. § 3361; (f) In failing to properly regulate the speed of Defendant's vehicle; (g) In operating Defendant's vehicle at a speed in excess of the posted speed limit, in violation of 75 Pa.C.S. § 3362; (h) In failing to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or anything likely to arise under the circumstances; and (i) 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 vehicle under such control that injury to persons or property could be avoided. 20. As a direct and proximate result of Defendant's negligence, Mr. Dettinger has: (a) Suffered personal injuries including, but not limited to, injuries to his right elbow, both knees, neck, upper back, and face; (b) Suffered a loss of income; (c) Suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss; 4 (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 his detriment and loss; (e) Suffered a loss of life's pleasures and will continue to suffer the same in the future, to his detriment and loss; and (f) Been, and will in the future continue to be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Joshua D. Dettinger, seeks damages from Defendant, Kimberly M. Buonassisi, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II -RECKLESS/OUTRAGEOUS CONDUCT Joshua D. Dettinger v. Kimberly M. Buonassisi 21. All prior paragraphs are incorporated herein as if fully set forth below. 22. Defendant's conduct as described above shows a complete and utter indifference and/or conscious disregard for Mr. Dettinger's health, well-being, and safety. 23. Defendant's conduct as described above and specifically set forth below was so outrageous as to justify the award of punitive damages. (a) In driving while intoxicated, in violation of 75 Pa.C.S. § 3802; (b) In operating the motor vehicle at a time when she was unfit to do so due to her consumption of alcohol; (c) In willfully,wantonly, and carelessly disregarding the safety of Mr. Dettinger by operating a motor vehicle while intoxicated; 5 (d) In willfully, wantonly, and consciously disregarding the consequences and health and safety of Mr. Dettinger by operating a motor vehicle when she was intoxicated to a degree that rendered her incapable of driving safely; (e) In driving a motor vehicle with a wanton disregard for the safety of persons or property, in violation of 75 Pa.C.S. § 3736; (f) In failing to properly regulate the speed of Defendant's vehicle; (g) In operating Defendant's vehicle at a speed in excess of the posted speed limit, in violation of 75 Pa.C.S. § 3362; (h) In driving said motor vehicle after imbibing a sufficient amount of alcohol such that rendered her incapable of safely driving, operating, or being in actual physical control of the movement of the vehicle; and (i) In otherwise acting with reckless indifference to the rights and safety of Mr. Dettinger. 24. Defendant's action in driving while intoxicated amounted to reckless and outrageous conduct, which Defendant knew or should have known constituted reckless and wanton disregard for the safety of others. 6 WHEREFORE, Plaintiff, Joshua D. Dettinger, seeks damages, including punitive damages from Defendant, Kimberly M. Buonassisi, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER,HENNING AND ROSENBERG,LLP Date: July , 2013 By: W. Scott Henn', , Es uire A 32298) 1300 Linglest wn R ad, S ite 2 Harrisburg, P 0 Ph. 717.238.2000 Fax 717.233.3029 henning @hhrlaw.com Attorneys for Plaintiff, Joshua D. Dettinger 7 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J. hua 9-ZeJrrge--r-- Date: 7, Y W. Scott Henning Attorney ID#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff(s) Fax : (717)233-3029 E-mail: Henning @hhriaw.com JOSHUA D. DETTINGER IN THE COURT OF COMMON PLEAS 109 Twin Hills Road CUMBERLAND COUNTY, PENNSYLVANIA Apartment 15 Dillsburg, PA 17019 Plaintiff(s) NO. 2013-2593 KIMBERLY M. BUONASSISI 315 W. Shady Lane Apartment J Enola, PA 17025 CIVIL ACTION - LAW Defendant(s) CERTIFICATE OF SERVICE On July 15, 2013, 1 hereby certify that a true and correct copy of Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: George H. Eager, Esq. EAGER, SPINELLO, QUINN & STENGEL 1347 Fruitville Pike Lancaster, PA 17601 HANDL R, HEN R ENBERG, LLP Dated: July 15, 2013 W. cott Henning ORIGINAL i alt: RO i IfiONOTAMR f' 2N,3 AUG 12 PM 2= 12 C�1�� BERI_AI'N[J COiJ TY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSHUA DETTINGER, Plaintiff NO.: 2013-2593 V. KIMBERLY M. BUONASSIS, JURY TRIAL DEMANDED Defendant ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 7. Admitted. 8. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 9. Admitted. 10-17. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). COUNT I - NEGLIGENCE Joshua DJoshua D. Dettin er v. Kimberly M. Buonassisiv. Kimberly M. Buonassisi 18. Paragraphs 1 through 17 of Defendant's Answer are incorporated herein by reference as though fully set forth. 19-20. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. COUNT II RECKLESS/OUTRAGEOUS CONDUCT Joshua D. Dettinger v. Kimberly M. Buonassisi 21. Paragraphs 1 through 20 of Defendant's Answer are incorporated herein by reference as though fully set forth. 22-24. After reasonable investigation, Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and the same are therefore denied, strict proof being demanded at trial. WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER 25. Paragraphs 1 through 24 inclusive above are incorporated herein by reference and made a part hereof. 26. Plaintiff's recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75, Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby asserts all of the rights and defenses available to her under the aforementioned act. 27. Plaintiff's claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 28. Plaintiff's claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. i 29. Plaintiff's claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 30 Plaintiff's claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and (j) payment. WHEREFORE, Answering Defendant respectfully demand judgment in her favor and against all other parties together with the costs of this action. EAGER, STENGEL, QUINN & SOFILKA DATE: BY: George H. Eacjpr, E, wire Attorney for e dant I.D. No. 27 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 i i VERIFICATION 1, KIMBERLY BUONASSISI, hereby verify that I am the Defendant in the foregoing action, and that the; of the foregoing Answer with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand i that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. KIMBERLY BUONASSISI Dated: 5 -IS- .P^ 1 I I I CERTIFICATE OF SERVICE I HEREBY,CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: i W. Scott Henning Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg; PA 17110 i EAGER, STENGEL, QUINN & SOFILKA I I DATE: D 3 BY: j Ge a H. Eager, qu' Attorney for Def d I.D. No. 2774 1347 Fruitvil ike Lancaster, PA 17601 } (717) 290-7971 I I i I i 1 i i i � ORIGINAL (F- .,RU {�r�(� t ltd i i t O ptJ TA I Y I L7913 AUG 12 PN 2W 12 CUMBERLAND COUNTY FLNNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSHUA DETTINGER, Plaintiff NO.: 2013-2593 V. KIMBERLY M. BUONASSIS, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: W. Scott Henning Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: d BY: George H. Eager, Es re Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 �'�" T1•I%� i'hQ�'JiwO�rAr ORIGINAL 2013 ALIC 12 PH 2; 12 C1JI"WRLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSHUA DETTINGER, Plaintiff NO.: 2013-2593 V. KIMBERLY M. BUONASSIS, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: W. Scott Henning Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: 0 BY: George H. Eager, Esqu' Attorney for Defend I.D. No. 27740 1347 Fruitville Pi Lancaster, PA 17601 (717) 290-7971 I, f i W. Scott Henning (PA 32298) r ;" s'r r "(f1 )N,01f^,i; Handler, Henning& Rosenberg, LLP 1300 Linglestown Road, Suite 2 Lei 13 AUG 15 Pi `: 12 Harrisburg, PA 17110 CUMBrERLAN0 C0U'jTY Ph. 717.238.2000 P :.,NNSYLUAN1A, Attorneys for Plaintiff Fax 717.233.3029 henning @hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSHUA D. DETTINGER, Plaintiff, V. NO.: 2013-2593 KIMBERLY M. BUONASSISI, Defendant. CIVIL ACTION —LAW PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff,Joshua D. Dettinger, by and through his attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esq., and responds to the Defendant's allegations of New Matter as follows: 25. Paragraph 25 is an incorporation paragraph to which no responsive pleading is required. 26. Denied. The allegation set forth in paragraph 26 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 he will be bound by any provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act,that the Honorable Court deems properly applicable to the subject cause of action. 27. Denied. The allegation set forth in paragraph 27 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's claims are barred and/or limited by the applicable Statute of Limitations, and proof to the contrary is demanded at the trial in this matter. 28. Denied. The allegation set forth in paragraph 28 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 claims are barred and/or limited by his Tort Selection as governed by the Pennsylvania Motor Vehicle Financial Responsibility Act, 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, the Plaintiff acknowledges that he will be bound by Section 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, to the extent the Honorable Court deems the provisions of Section 1722 applicable to the issues involved in the subject cause of action. 30. Denied. The allegation set forth in paragraph 30 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 claims are barred by the affirmative defenses set forth in Pennsylvania Rule of Civil Procedure No. 1030, and proof to the contrary is demanded at the trial in this matter. 2 WHEREFORE, Plaintiff,Joshua D. Dettinger, requests the Honorable Court to enter judgment in his favor and against the Defendant, Kimberly M. Buonassisi, for the relief set forth in his Complaint. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: W. cott Henni g, squir Supreme Cou 1 3229 1300 Linglesto Roa -Suite 2 Harrisburg, PA 1711 henning @hhrlaw.com 717-238-2000 Date: '` Attorney for Plaintiff 3 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: `-1 3- Q f W. SCOTT HENNING, E UI W. Scott Henning(PA 32298) Handler, Henning& Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiff Fax 717.233.3029 henning @hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSHUA D. DETTINGER, Plaintiff, V. NO.: 2013-2593 KIMBERLY M. BUONASSISI, Defendant. CIVIL ACTION —LAW CERTIFICATE OF SERVICE On the 14th day of August, 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: George H. Eager, Esq. EAGER, SPINELLO, QUINN &STENGEL 1347 Fruitville Pike Lancaster, PA 17601 Respectfully submitted, HANDLER, H NINCi\ ROSENBERG, LLP By: W. Scott H in squire Supreme Court #32298 F1L-' -0FF 1CF OF THE PROTHONOTARY 13 DEC t 1 AM 14: Is 121GI SAL CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSHUA DETTINGER, Plaintiff NO.: 2013-2593 V. KIMBERLY M. BUONASSIS, JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant 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 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) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attac ed to the notice of intent to serve the subpoena. DATE: Z Georg". Eage , squire Attorney for De 'pdant I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Joshua D. Dettinger, Plaintiff Court of Common Pleas VS. Kimberly M. Buonassis,Defendant NO. 2013-2593 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: John Gross &Co, Inc. Employment Schneider Electric Employment Harrisburg Hospital Radiology Harrisburg Hospital Medical Pinnacle Health - Family Care of Dillsburg All available Pinnacle Health Physical Therapy All available TO: W. Scott Henning, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 11/13/2013 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn &Sofilka - Court George H. Eager, Esquire of Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR JOSHUA D. DETTINGER, PLAINTIFF VS. KIMBERLY M. BUONASSIS, DEFENDANT County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Henning, Esquire, W. 1300 Linglestown Road Harrisburg PA 17110 P: 717-238-2000 Opposing Scott F: 717-233-3029 Counsel COMMONWEALTH EALTH OF PENNSYLVANIA COUNTY OF C-01MERLAND Joshua D. Dettinger, Plaintiff File No. Na. 2013-2593 VS. . Kimberly M. Buonassis, Defendant t SUBPOENA TO PRODUCE DOCT11NIlENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital (Name of Person or Fatity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or t'hinas: See attached rider for instructions. Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or>mail Iegible copies of the documents or produce thugs requested by this subpoena,together with the certificate of compliance,to tho party making this request at the address listed. above. You have the right to sent 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 ordef compelling you to�comply with it TEES SUBPOWA WAS ISSUED AT TE M REQUEST OF THE FOLLOWING MUM. NAME: George H. Eager, Esquire ADD EtESS. t 5-. TELEPHONE: �- SUPR &COURT lDDr €e ----- ATTORNEY FOR BY THE COURT: Prothonotary,Civil Divisioa Date: Seal f the Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Harrisburg Hospital 111 South Front Street Harrisburg PA 17101 Attention: Radiology Films Library Subject: Dettinger, Joshua SS#: 2389 Date of Birth: 12/12/1981 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2002 to present, including X-Rays, MRI, and Cr scans. • Pertinent file includng, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4)operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, Cr and x-ray records and films; also to be included are pain clinic records and mental health records. COMMONTrVF.ALTA OF PENNSYLVA141A" COUNTY OF CIUMBER.LAND Joshua D. Dettinger, Plaintiff Pile No. NO. 2013-2593 VS. , Kimberly M. Buonassis, Defendant SUBPOENA TO PRODUCE DOCU.lVIENTS OR TMGS FOR DISCOYER.Y PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital - Medical (Name of person or Entity) Witbint twenty(20)days after service of this subpoena,you are ordered by the court to produce the fbllov&g documents or things: See attached rider for instructions. Litigation Solutions, LLC, 101 Towne Square way, Suite 251 Pittsburgh, PA 15227 at (Addres8} ` 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 seep in advance the reasonable cost of preparing the copies or producing the Wags 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 ordet compelling you to comply with it - nM SUBPOENA WAS ISSUED AT TIM REQUEST OF nM FOLLOWING PERSON: George H. Eager, Esquire ADDRESS: .__ _t_, nn _i;cnY _ TELEPHONE: a7W4r � SUPREME COURT ID a€anag ATTORNEY FOR BY TEMIMOLUM. Prothonotary,Civil,Division Date: Seal Q the Cdurt a ty Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Harrisburg Hospital 111 South Front Street Harrisburg PA 17101 Attention: Medical Records Correspondence Subject: Dettinger, Joshua SS#: 2389 Date of Birth: 12/12/1981 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/2002 to present, Including records, charts, test results, reports, correspondence, office notes, patient intake forms, and computerized records. • Pertinent file includng, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4)operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech); also to be Included are pain clinic records and mental health records. COAWON WEALTH OF PENNSYL'V'ANIA COUNTY OF CUMBERLAND Joshua D. Dettinger, Plaintiff File No. NO. 2013-2593 VS. Kimberly M. Suonassis, Defendant SUBPOENA TO PRODUCE Df3+ UM[ENTS OR TBMGS FOR DISCOVERY PURSUATNT TO RULE 4009.22 TO:—John Gross & Co, inc. (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you arc ordered by the court to produce the following documents or things: See attached rider for instructions. Litigation Solutions, LLC, 101 Towne Square way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail Iegible copies of the documents or produca 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 ofpreparang the copies or producing the things sou*bt If you fad 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 veith it THIS SUBPOI NA VitA,S ISSUED AT THE REQUEST OF THE FOLLOW3NG PMUON: _ George H. Eager, Esquire ADDRI:ss; Lapcartor, DA 17ral 7.i-7 a$On.2a71 TELEPHONE: 2774 SUPS:EME C01JA3 iV fang^ ATTORNEY FOR.: BY TEES COURT; Prot110r30t1r7,Civil Divi-s•i= Date; � � Seal of the Cocut beputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: John Gross &Co, Inc. 400 Cheryl Avenue Mechanicsburg PA 17055 Attention: Human Resources Department Subject: Dettinger, Joshua SS#: 2389 Date of Birth: 12/12/1981 Requested Items: Complete copy of employment files from 1/1/2002 to present: Application ; Payroll ; Attendance ; Performance ; Reviews ; Disciplinary ; Worker's Comp ; Medical ; Excuses ; Physicals ; Termination, computerized records, etc. • Application for employment, pre-employment physical, date employment began,worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination. • Application for employment, pre-employment physical, date employment began,worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination. CM fON °WEALTH OF PEN1,TSYLVA24IA COUNTY'OF C-UIYMERLA24D Joshua D. Dettinger, Plaintiff Pile No. No. 2013-2543 vs. , Kimberly M. Buonassis, Defendant SUBPOENA TO PRODUCE DOCUIVIENTS OR TIC NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Pinnacle Health - Family Care of Dillsburg (Name.of Person oI Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: See attached rider for instructions. Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address} You may deliver or mail Iegi`ble copies of the documents or produce things requested by this subpoena,together with the cadficate of compliance,to the party snaking this request at the address listed above. You hava the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if your fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party-serving this subpoena nmy'seek a court ordef compelling you to'comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERS ON: George H. Eager, Esquire DRESS 4i Fre+tviiie PiAGO AF) batteaster, Ph, TELEPHONE:SUPREME COURT ID ATTORNEY FOR. B THL COURT: Prothonotary;Civil,Division Date: Seal R the eputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Pinnacle Health - Family Care of Dillsburg 1 Trinity Drive E Suite 120 Diilsburg PA 17019 Attention: Records Department Subject: Dettinger, Joshua SS#: 2389 Date of Birth: 12/12/1981 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists CoiOhtWEALTH OF PENNSYL VA 4TA' COUNTY OF CUMBERLAND Joshua D. Dettinger, Plaintiff Pile No. NO. 2013-2593 VS. Kimberly M. Buonassis, Defendant SUBPOENA.TO PRODUCE DOCUMZNTS OR THINGS FOR DISCOVERY PURSUANT T4 RULE 4009.22 TO: Pinnacle Health Physical Therapy (Name of Person or Bntity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or thivas: See attached rider for instructions. Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena„together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things-required by this subpoena within twenty(20)days a#tcr.its service,the party serving this subpoena may seek a court order compehiing you to comply with it - TRM SUBPOWA WAS ISSUED AT TEE REQUEST OF THE FOLLOWING PERSON: George H. Eager, Esquire ACDlzMS: X347 e��#��44e Pico ianeaster-, PA, JUG! TEL.BPHONH: �3;--3.99 74g3� s77a4 SUPREUM COURT M fa ATTORNEY FOR B COURT: l� /� / PrathonotIMV-Civil Division Date: Seal o the Court 0eputy Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Pinnacle Health Physical Therapy 1 Trinity Drive W #110 Dilisburg PA 17019 Attention: Records Department Subject: Dettinger, Joshua SS#: 2389 Date of Birth: 12/12/1981 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/2002 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists Nil COMMONWE.ALTR OF PEN+INSYLVA241A COUNTY OF C-UN 3ERLAND Joshua D. Dettinger, Plaintiff Pile NO. NO. 2013-2593 VS. , Kimberly M. Suonassis, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Schneider Electric (game of Person or Bnbtty) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or Chinas: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail Iegible 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 sough If you fail to produce the documents or things•required by this subpoena within twenty(20)days aft.its service,the party•scrving this subpoena may'seek a court ordef compelling you to comply with it SUBPOWA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAMB. George H. Eager, Esquire ADDRESS: TELEPHONE; SUPREME COURT My ATTORNEY FOR 3'ro otary,Civil DM Date: Seal of the Co puty r Rider to Subpoena Explanation of Required Documents and Things TO:CUSTODIAN OF RECORDS FOR: Schneider Electric 201 Cumberland Parkway Mechanicsburg PA 17055 Attention: Human Resources Department Subject: Dettinger, Joshua SS#: 2389 Date of Birth: 12/12/1981 Requested Items: Complete copy of employment files from 1/1/2002 to present: Application ; Payroll ; Attendance ; Performance ; Reviews ; Disciplinary ; Worker's Comp ; Medical ; Excuses ; Physicals ; Termination, computerized records, etc. • Application for employment, pre-employment physical, date employment began,worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination. • Application for employment, pre-employment physical, date employment began,worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: W. Scott Henning Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: BY: Georg . Eager, E ire Attorney for Defe nt I.D. No 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 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 GUHRL7- F., nr. Attorney for Plaintiff(s)'i'4A P..;i23 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSHUA D. DETTINGER 109 Twin Hills Road Apartment 15 Dillsburg, PA 17019 Plaintiff(s) V. KIMBERLY M. BUONASSISI 315 W. Shady Lane Apartment J Enola, PA 17025 Defendant(s) 2013-2593 Civil Action - Law PRAECIPE Please mark the above captioned matter discontinued and ended. Dated: 16 ---402/ HANDLER HENNI OSENBERG LLP W. Scott Henning 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 JOSHUA D. DETTINGER 109 Twin Hills Road Apartment 15 Dillsburg, PA 17019, Plaintiff(s) v. KIMBERLY M. BUONASSISI 315 W. Shady Lane Apartment J Enola, PA 17025, Defendant(s) 2013-2593 Civil Action - Law CERTIFICATE OF SERVICE On, October 21, 2014, I hereby certify that a true and correct copy of Praecipe to Discontinue and End was served upon the following by depositing same in the United States ail, in Harrisburg, Pennsylvania: George H. Eager, Esq. EAGER, STENGEL, QUINN & SOFILKA 1347 Fruitville Pike Lancaster, PA 17601 HANDLER, HENNING & ROSENBERG, LLP W. Scott n ing