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HomeMy WebLinkAbout04-6372MARGARET A. MUSTIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. NO. OLI -- (Q,3 `I 01 U 'L JENNIFER M. GOODYEAR, Defendant JURY TRIAL DEMANDED NOTICE TO: JENNIFER M. GOODYEAR, Defendant 2001 Rupley Road Apartment 302 Camp Hill, PA 17011 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 the 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 entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Taryn Dixon, Court Administrator One Courthouse Square Carlisle, PA 17013 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Lebanon County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. ALL arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. WEISS, WEISS & WEISS by: M. JA ER WEISS, ESQUIRE Attorney for Plaintiff I.D. No. 39135 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 Telephone: 717/273-1661 MARGARET A. MUSTIN, Plaintiff vs. JENNIFER M. GOODYEAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.- L JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Margaret A. Mustin, by and through her attorneys, Weiss, Weiss & Weiss, who respectfully sets forth her claims as follows: 1. Plaintiff, Margaret A. Mustin, is an adult individual who resides at 863 Acri Road, Mechanicsburg, Cumberland County, PA, 17050. 2. Defendant, Jennifer M. Goodyear, is an adult individual who resides at 2001 Rupley Road, Apartment 302, Camp Hill, Cumberland County, PA, 17011. 3. The facts and occurrences hereinafter stated took place on November 28, 2003, at or about 8:42 p.m., in the Capital City Mall parking lot near the intersection with Zimmerman Drive, in Camp Hill, Cumberland County, Pennsylvania. 4. On November 28, 2003, at approximately 8:42 p.m., Plaintiff was an occupant seated in the right front passenger seat of a 2003 Volkswagen Beetle, which was driven by her husband, Robert M. Mustin. 5. On November 28, 2003, at approximately 8:42 p.m., the vehicle occupied by Plaintiff and driven by her husband was attempting to exit the parking lot and make a right turn onto Zimmerman Drive. 6. On November 28, 2003, at approximately 8:42 p.m., Plaintiff's vehicle was second in line stopped at a stop sign controlling traffic attempting to exit the parking lot onto Zimmerman Drive. 7. On November 28, 2003, at approximately 8:42 p.m., Defendant, Jennifer M. Goodyear, was operating a 1995 Chevrolet Blazer in the Capital City mall parking lot driving directly behind Plaintiffs vehicle. 8. As Defendant drove towards Zimmerman Drive, she drove directly into the rear-end of Plaintiff's vehicle, causing a collision. 9. The impact from the collision caused the vehicle occupied by Plaintiff to collide with the vehicle in front of Plaintiff's vehicle. The force from the impact of both collisions caused Plaintiff to sustain serious and permanent injuries as set forth below. 10. The negligence and carelessness of Defendant, Jennifer M. Goodyear, consisted o£ a. Failure to have her vehicle under proper and adequate control; b. Failing to observe Plaintiffs vehicle lawfully on the roadway; c. Failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; d. Permitting her vehicle to collide with Plaintiffs vehicle; e. Failing to exercise the high degree of care required of a motorist approaching an intersection controlled by traffic signs; f. Failing to look out for other vehicles lawfully on the roadway; g. Driving her vehicle in careless disregard for the safety of others; h. Driving her vehicle in a careless, reckless and negligent manner; i. Failing to yield the right-of-way to traffic already upon the roadway, j. Operating her vehicle in a manner violating the Pennsylvania Motor Vehicle Code as follows: (1) In failing to apply her brakes in time to avoid the collision; (2) In operating her vehicle at an excessive rate of speed under the circumstances; (3) In permitting or allowing her vehicle to strike and collide with the rear of the vehicle occupied by Plaintiff, (4) In failing to drive at a speed and in a manner which would allow Defendant to stop within the assured clear distance ahead; (5) In failing to operate her vehicle at a speed and in such a manner as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S. §3361; and (6) In failing to keep a proper lookout and see Plaintiff's vehicle prior to the collision. 11. The collision was caused solely by the negligence, carelessness and recklessness of the Defendant, Jennifer M. Goodyear, and in no way was caused by any negligence on the part of Plaintiff. 12. As a result of the aforementioned collision, Plaintiff, Margaret A. Mustin, suffered severe and significant injuries, which include but are not limited to: a. Neck pain; b. Right shoulder and arm pain; c. Left shoulder and arm pain; d. Numbness in both hands; e. Pain and numbness in both legs; f. Headaches and blurred vision; g. Right-sided posterior cervical pain; h. Regional pain in the right shoulder along with occipital to frontal cephalgia; i. Trapezius splenius muscle spasms; j. Spinal canal stenosis; k. Bilateral foraminal stenosis; 1. Cord deformity; m. Herniated nucleus pulposus at C4-5; n. Aggravation of herniated nucleus pulposus at C4-5; o. Herniated nucleus pulposus at C5-6; p. Aggravation of herniated nucleus pulposus at C5-6; q. Herniated nucleus pulposus at C6-7; r. Aggravation of herniated nucleus pulposus at C6-7; s. Aggravation of pre-existing back and neck pain; and t. Cervical myelopathy secondary to cervical spondylosis C4-5, C5-6, and C6-7. 13. As a result of the injuries she sustained in the accident, Plaintiff underwent numerous medical procedures and treatments, including epidural steroid injections, physical therapy, and a cervical discectomy and interbody fusions and plating at C4-5, C5-6, and C6-7. 14. As a result of her injuries, Plaintiff, Margaret A. Mustin, has undergone in the past and may undergo in the future great pain, suffering, inconvenience, mental anguish, distress, anxiety, frustration and embarrassment. 15. As a result of her injuries, Plaintiff, Margaret A. Mustin, may have sustained a permanent injury and/or a prominent disability. 16. As a result of her injuries, Plaintiff, Margaret A. Mustin, has sustained a diminution in the ability to enjoy life and life's pleasures; 17. As a result of her injuries, Plaintiff, Margaret A. Mustin, has sustained scarring and disfigurement. 18. As a result of her injuries, Plaintiff, Margaret A. Mustin, has suffered economic loss including, but not limited to, past lost wages, future lost wages, and/or loss of earning capacity. 19. As a result of her injuries, Plaintiff, Margaret A. Mustin, has incurred past medical expenses and may incur future medical expenses for the treatment of injuries sustained in this collision. WHEREORE, Plaintiff, Margaret A. Mustin, demands judgment against the Defendant, Jennifer M. Goodyear, in an amount to exceed $25,000.00, which is in excess of the amount requiring compulsory arbitration. M. JA ER WEISS, ESQUIRE I.D. #39135 Attorney for Plaintiff Weiss, Weiss & Weiss 802 Walnut Street, P.O. Box 838 Lebanon, PA 17042-0838 Telephone: 717/273-1661 M VERIFICATION I verify that the information contained in the foregoing Complaint contained is true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. l-a - ((,1oC* C? DATE MARGA ETA. MUSTIN f O ?.J C_1 f.' 1 CID M1 MARGARET A. MUSTIN, IN THE COURT OF COMMON PLEAS Plaintiff LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. 0(__ : NO. UL JENNIFER M. GOODYEAR, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COUNTY: Please enter the appearance of M. JANNIFER WEISS, ESQUIRE, of WEISS, WEISS & WEISS, whose address is 802 Walnut Street, P.O. Box 838, Lebanon, PA, 17042-0838, as Attorney for Margaret A. Mustin, the Plaintiff in the above-captioned case. Dated: t 4141el k F M. JA FER WEISS, ESQUIRE I.D. No. 39135 WEISS, WEISS & WEISS 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 ?., n? •, ?' ?-_? 'it r.._.F . ?? ? ... t"? } ? ^? ; ? .. ''1 I ' .. ... .y ? ?? ??? Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4550 MARGARET A. MUSTIN, Plaintiff v. JENNIFER M. GOODYEAR, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-6372 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Jennifer M. Goodyear, in the above-captioned matter. DATE: JOHNSON, DUFFIE, STEWART & WEIDNER D. #: 51785 01 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 19, 2005: M. Jannifer Weiss, Esquire WEISS, WEISS & WEISS 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER i BK eff?>hip n, Esquire Of. #: 51785 401 Market Street P.O, Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 243161 } • : ? ?. 1 4.x. SHERIFF'S RETURN - REGULAR CASE NO: 2004-06372 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MUSTIN MARGARET A VS GOODYEAR JENNIFER M CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GOODYEAR JENNIFER M was served upon the DEFENDANT , at 1743:00 HOURS, on the 13th day of January , 2005 at 2001 RUPLEY ROAD APT 302 CAMP HILL, PA 17011 JENNIFER M. GOODYEAR by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 11 J / 1 V Sworn and Subscribed to before me this ?l ? _ day of ;ZA.D. Prothonotary So Answers: ?? /r R. Thomas Kline 01/14/2005 M JANNIFER WEISS By: ? G? Dep t Sheri f MARGARET M. MUSTIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Vs. NO. 04-6372 CIVIL TERM JENNIFER M. GOODYEAR, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, Brenda K. Kugler, an employee of Weiss, Weiss & Weiss, 802 Walnut Street, P.O. Box 838, Lebanon, PA, 17042-0838, Attorneys for Plaintiff, being duly sworn according to law, depose and say that on April 4, 2005, I mailed one original and one copy of Interrogatories Propounded by the Plaintiff for Answers by the Defendant, Jennifer M. Goodyear and one original of Plaintiff's Request for Production of Documents Directed to Defendant, to attorney for Defendant, Jefferson J. Shipman, Esquire, Johnson, Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 1 7043-0 1 09, by Regular United States First Class Mail/Postage Prepaid. -1OQl? ?I , /.G BRENDA K. KUGLER Sworn and subscribed to before me this 4th day of April, 2005. L 0. NOTARY PUBLIC COMMON"PTA.LTN OF PENNSYLVANI Nctanal 5881 Lois A. Ostrander, Notary Public Lebanon, Lebanon County, PA M Commission Expires Jul 18. 2001111 liL MARGARET M. MUSTIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 04-6372 JENNIFER M. GOODYEAR, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE 1WEALTH OF PENNSYLVANIA ) ss: OFLEBANON ) I, MARGARET J. LENTON, an employee of Weiss, Weiss & Weiss, 802 Walnut Street, .O. Box 838, Lebanon, PA, 17042-0838, Attorneys for Plaintiff, being duly sworn according to iw, depose and say that on April 29, 2005, I mailed a true and correct copy of Plaintiff's To Defendant's Request For Production Of Documents to the attorney for the being Jefferson J. Shipman, Esquire, Johnson, Duffle, Stewart & Weidner, 301 Street, P.O. Box 109, Lemoyne, PA, 17042-0109, by regular United States first class MAR A T J. ENTON torn and subscribed to fore me this 29th day April, 2005. NOTARY NOTARIAL SEAL BRENDA K. KUGLER Nota Public CITY OF LEBANON LEBANON COUNTY My Commission Expkes Mar A, 2009 „ ? r; `? ?<; t ,: -`?, -, - ? `. , ? ?, ,'._.. ?t ;?. -.. -_. 6' r" Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I . D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant MARGARET M. MUSTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 04-6372 CIVIL TERM CIVIL DIVISION JENNIFER M. GOODYEAR, : Defendant JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Margaret A. Mustin, Plaintiff c/o M. Jannifer Weiss, Esquire Weiss, Weiss & Weiss P.O. Box 838 Lebanon, PA 17042-0838 Attorneys for Plaintiff YOU ARE REQUIRED to plead to the within Answer With New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. JOHINWN, DUFFIE, STEWART & WEIDNER peff6t§on J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 MARGARET M. MUSTIN, Plaintiff V. JENNIFER M. GOODYEAR, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-6372 CIVIL TERM CIVIL DIVISION : JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, JENNIFER M. GOODYEAR AND NOW, comes the Defendant, Jennifer M. Goodyear, by and through her counsel, Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter in response to Plaintiff's Complaint: 1. Admitted upon information and belief. 2. Admitted, except as to the address. 3. Admitted upon information and belief. 4. Admitted upon information and belief. 5. Admitted upon information and belief. 6. Admitted only that on November 28, 2003 the Plaintiff's vehicle was in a line of vehicles attempting to exit the parking lot of the Capital City Mall onto Zimmerman Drive. The remaining averments of Paragraph 6 are denied as stated. 7. Admitted. 8. Admitted in part, denied in part. It is admitted only that there was contact between the Goodyear vehicle and the Plaintiff's vehicle. The remainder averment of Paragraph 8 are denied as stated. 9. Denied. After reasonable investigation, Ms. Goodyear is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9 and the same are therefore denied. 10. Denied. The averments contained in Paragraph 10, and subparagraphs a. through j., are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in Paragraph 10, subparagraphs a. through j. are denied and strict proof demanded at the time of trial. 11. Denied. The averments contained in Paragraph 11 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 12. Denied. After reasonable investigation, Ms. Goodyear is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12, relating to Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, Ms. Goodyear is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 and the same are therefore denied and strict proof demanded at the time of trial. 14. Denied. After reasonable investigation, Ms. Goodyear is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14 and the same are therefore denied and strict proof demanded at the time of trial. 15. Denied. After reasonable investigation, Ms. Goodyear is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15 and the same are therefore denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation, Ms. Goodyear is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 and the same are therefore denied and strict proof demanded at the time of trial. 17. Denied. After reasonable investigation, Ms. Goodyear is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 17 and the same are therefore denied and strict proof demanded at the time of trial. 18. Denied. After reasonable investigation, Ms. Goodyear is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 18 and the same are therefore denied and strict proof demanded at the time of trial. 19. Denied. After reasonable investigation, Ms. Goodyear is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 19 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Jennifer M. Goodyear, respectfully requests that judgment be entered in her favor and Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 20. That the Plaintiff's alleged cause of action was not caused by any act, omission or breach of duty by Ms. Goodyear. 21. That the Plaintiffs alleged cause of action may be barred by the Pennsylvania Comparative Negligence Act. 22. That if there was any negligence on the part of Ms. Goodyear, which is specifically denied, then in that event her negligence was not a substantial factor or factual cause of any harm or injuries to the Plaintiff. 23. That the Plaintiffs' cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et seq., and by the Limited Tort Option. 24. That the Plaintiff may have failed to mitigate her injuries. 25. That the Plaintiff's injuries may have been pre-existing the date of this accident. 26. That the Plaintiffs alleged cause of action may have been caused in whole or in part by the negligence of third parties or entitles not presently involved in this action. WHEREFORE, the Defendant Jennifer M. Goodyear, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER DATE: G/ 9?OS` 251242 J er"s'6n J. Shiprhan, Esquire torneys I.D. #: 51785 V 1 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant VERIFICATION I, Jennifer M. Goodyear, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4804. Jennif M. Goodyear DATE: 251249 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on 2005 M. Jannifer Weiss, Esquire Weiss, Weiss & Weiss P.O. Box 838 Lebanon, PA 17042-0838 Attorneys for Plaintiff 251242 JOHNSON, DUFFIE, STEWART & WEIDNER II B Jejferso`n J. Shipmtin, Esquire I. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant ?? ? ? a ? t?^ ? ? ..-? ?? t?3 ?Y- r r.z - - ?y L..?? , v? .-C W MARGARET M. MUSTIN, Plaintiff V. JENNIFER GOODYEAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6372 CIVIL TERM CIVIL DIVISION JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Margaret M. Mustin, by and through her attorneys, Weiss, Weiss & Weiss, who files this Reply to New Matter averring as follows: 20. Denied. The averments contained in Paragraph 20 are denied as being conclusions of law to which no response is required. By way of further answer, Plaintiff s injuries and damages were caused solely and directly as the result of Defendant's negligent actions, omissions and breach of duty. 21. Denied. The averments contained in Paragraph 21 are denied as being conclusions of law to which no response is required. 22. Denied. The averments contained in Paragraph 22 are denied as being conclusions of law to which no response is required.. 23. Denied. The averments contained in Paragraph 23 are denied as being conclusions of law to which no response is required. By way of further response, at all times relevant hereto, Plaintiff elected full tort coverage under her own motor vehicle insurance policy. 24. Denied. The averments contained in Paragraph 24 are denied as being conclusions of law to which no response is required. 25. Denied. The averments contained in Paragraph 25 are denied as being conclusions of law to which no response is required. By way of further answer, the injuries in Plaintiff s Complaint were sustained as the result of the automobile accident on November 28, 2003, as verified by Plaintiff's medical records and attending physician reports. 26. Denied. The averments contained in Paragraph 26 are denied as being conclusions of law to which no response is required. WHEREFORE, Plaintiff, Margaret M. Mustin, respectfully requests that this Court dismiss Defendant's New Matter with prejudice. WEISS, WEISS & WEISS, BY: MJXN-AIFER WEISS, ESQUIRE I.D. #39135 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 DATE: ? 2005 I, Margaret M. Mustin, verify that the statements made in this Plaintiff s Reply to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Margaret M. N[ustin, Plaintiff 3 Date: __?a?' 2005 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States First Class Mail, postage prepaid in Lebanon, Pennsylvania, on 7VAf_ Z-f? 2005. Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 1 7042-0 1 09 WEISS, WEISS & WEISS, BY: jvm? M. JA IFER WEISS, ESQUIRE I.D. #39135 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 c7 o c_ -n 33 - M1 0 rn 0 r? i :"' Cam a? Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant MARGARET M. MUSTIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER M. GOODYEAR, Defendant TO: M. Jennifer Weiss, Esquire Weiss, Weiss & Weiss 802 Walnut Street P.O Box 838 Lebanon, PA 17042-0838 Attorneys for Plaintiff NO. 04-6372 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate: (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffersdh J. Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043.0109 DATE: Attorneys for Defendant CERTIFICATE OF SERVICE: I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on: M. Jannifer Weiss, Esquire Weiss, Weiss & Weiss 802 Walnut Street P.O Box 838 Lebanon, PA 17042-0838 Attorneys for Plaintiff E, STEWART & WEIDNER Jeff son J. Shipman, Esgt Att ney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MARGARET M. MUSTIN, V. JENNIFER M. GOODYEAR, Plaintiff Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-8372 CIVILTERM CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: M. Jannifer Weiss, Esquire Weiss, Weiss & Weiss 802 Walnut Street P.O Box 838 Lebanon, PA 17042-0838 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve ten subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the! subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STIEWART & WEIDNER DATE: M J r a/ d JT I. D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 1 704 3-01 09 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on: M. Jannifer Weiss, Esquire Weiss, Weiss & Weiss 802 Walnut Street P.O Box 838 Lebanon, PA 17042-0838 Attorneys for Plaintiff STEWART & WEIDNER Jeff son J. Shipman, Esquire Att .ney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Margaret M. Mustin, Plaintiff vs. Jennifer M. Goodyear, Defendant File No. 04-6372 SUBPOENA TO PRODUCE DOCUMENTS OR'THINGS FOR DISCOVERY PURSUANT70 RULE4009.22 TO: Physicians of Rehabilitation. Industrial and Spine Medicine (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diagnostic at Johnson. Duffie. Stewart & Weidner. 301 Market Street P.O Box 109, Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendant DATE: itt o P 3 .2 Gans Seal of the Court r BYTHE COURT: Prothonotary/Clerk, Civil ivisio Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Margaret M. Mustin, Plaintiff vs. File No. 04-6372 Jennifer M. Goodyear, Defendant SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: Holy Spirit Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diagnostic test results from pertaining to Margaret M. Mustin SSN: 194-44-8669 DOB: 5/22/53 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable, cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Pro onotary/Clerk, Civil Divisio DATE:5 Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Margaret M. Mustin, Plaintiff vs. File No. 04-6372 Jennifer M. Goodyear, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diagnostic at Johnson Duffie Stewart & Weidner 301 Market Street. P.O. Box 109, Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: oLCX?S Seal of the Court Deputy BY THE COURT: Prothonotary/Clerk, Civil Division (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Margaret M. Muslin, Plaintiff vs. File No. 04-6372 Jennifer M. Goodyear, Defendant SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Neurosurgery and Neuroscience Institute (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or. things: any and all medical records, correspondence, reoorts and diagnostic at Johnson Duffle Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemoyne. PA 17043. 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 malting this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-7614540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: o ?(>b? Seal of the Court / BY THE COURT: ?'Z"z7 LIQ--) zza?i4 Prothonotary/Clerk, Civil Divisio Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Margaret M. Mustin, Plaintiff VS. Jennifer M. Goodyear, Defendant File No. 04-6372 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan Associates _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diagnostic test results from pertaining to Margaret M. Mustin SSN: 194-44-8669 !DOB: 5/22/53 at Johnson, Duffie. Stewart & Weidner, 301 Market Street, P.O. Box 109 Lemoyne PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Divisi Deputy DATE: oLU?S Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Margaret M. Mustin, Plaintiff vs. Jennifer M. Goodyear, Defendant File No. 04-6372 SUBPOENA70 PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE4009_22 TO: Joyner Sports Medicine Institute (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, corresoondence, reports and diaono_stc at Johnson. Duffie, Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this :subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: Jame 28, 2005 Seal of the Court Jefferson J. Shipman. Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendant (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Margaret M. Mustin, Plaintiff VS. Jennifer M. Goodyear, Defendant File No. 04-6372 SUBPOENA TO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANT TO RULE 40D9_22 TO: Dr. Verne Greiner (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, corresriondence. reports and diagnostic at Johnson Duffie Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemovne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemoyne. PA 17043 717-7614540 51785 Defendant DATE. a G-1*?S Seal of the Court I BY THE COURT:. i Prot?lerk, Civil-Div Deputy (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Margaret M. Mustin, Plaintiff vs. File No. 04-6372 Jennifer M. Goodyear, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HealthSouth Diagnostic Center of Camp Hill (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diagnostic at Johnson Duffie Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne. PA 17043. 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 malting this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant Seal of the Court RV TWr rill IR'T DATE: JJ`1 a CX)? (E. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Margaret M. Mustin, Plaintiff vs. File No. 04-6372 Jennifer M. Goodyear, Defendant SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Community General Osteopathic Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diagnostic test results from pertaining to Margaret M. Mustin SSN: 194-44-8669 DOB: 5/22/53 at Johnson Duffie Stewart & Weidner, 301 Market Street. P.O. Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: it u ?? ? oZCX9.S Seal of the Court r BY THE COURT: Prot onotary/Clerk, Civil Division Deputy (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Margaret M. Mustin, Plaintiff vs. Jennifer M. Goodyear, Defendant File No. 04-6372 SUBPOENA70 PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Liberty Mutual Insurance Company (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records, correspondence _ reports including medical 5/22/53 at Johnson. Duffie. Stewart& Weidner, 301 Market Street P.O. Box 109 Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR Defendant BY THE COURT: Prothonotary/Clerk, Civil Divisio Deputy DATE: o2?S Seal of the Court (Eff. 7/97) O ? " T C P, y G7 ( i MARGARET A. MUSTIN, Plaintiff V. JENNIFER M. GOODYEAR, Defendant NO. 04-6372 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant PLEASE TAKE NOTICE, that pursuant to the Rules of Civil Procedure, counsel for Plaintiff, will take the deposition of the following individual, under oral examination for the purposes of discovery or for use at trial, or for both purposes, before a person authorized to render an oath on all matters not privileged, which are relevant and material to the issues and subject matter involved in the above-captioned matter, and that the hereinafter named individuals are required to appear at the time and at the address listed below and submit to examination under oath. Said deposition will be taken at the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW following place or location and time: Johnson, Duffie, Steward & Weidner 301 Market Street Lemoyne, PA 17043 Date: October 4, 2005 Time: 3:30 p.m. Deponent: Jennifer M. Goodyear You are invited to attend and examine the witnesses as you deem fit. WEISS, WEISS & WEISS, BY: G 4L M. JA FER WEISS, ESQUIRE I.D. #391 5 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 Attorneys for Plaintiff Date: August 25, 2005 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel or record, by depositing the same in the United States Mail, first class, postage prepaid, in Lebanon, Pennsylvania on August, 2005. Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 WEISS, WEISS & WEISS, BY: M. JANN R WEISS, ESQUIRE I.D. #39135 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 Attorneys for Plaintiff t'7 ^' ?..? C 7 ? ?r+ •--i xr T--?? ? ' jil Lc .. .. C:i _?tT r-o ? ?}C= ' 'i '' . -, t - ? -.: ?", -- ?,,, :'?,: w c a MARGARET A. MUSTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 04-6372 CIVIL TERM JENNIFER M. GOODYEAR, Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant PLEASE TAKE NOTICE, that pursuant to the Rules of Civil Procedure, counsel for Plaintiff, will take the deposition of the following individual, under oral examination for the purposes of discovery or for use at trial, or for both purposes, before a person authorized to render an oath on all matters not privileged, which are relevant and material to the issues and subject matter involved in the above-captioned matter, and that the hereinafter named individuals are required to appear at the time and at the address listed below and submit to examination under oath. Said deposition will be taken at the following place or location and time: Johnson, Duffie, Steward & Weidner 301 Market Street Lemoyne, PA 17043 Date: October 4, 2005 Time: 2:30 p.m. Deponent: Jennifer M. Goodyear You are invited to attend and examine the witnesses as you deem fit. WEISS, WEISS & WEISS, BY: M. J?ANlER WEISS, ESQUIRE I.D. #39135 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 Attorneys for Plaintiff Date: September 7, 2005 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel or record, by depositing the same in the United States Mail, first class, postage prepaid, in Lebanon, Pennsylvania on September 7, 2005. Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 WEISS, WEISS & WEISS, BY: (a/& M. JA ER WEISS, ESQUIRE I.D. #39135 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 (717) 273-1661 Attorneys for Plaintiff ?.> `: c? ; ` -,, , r. ri-, ?_ ._, ,_. ;'-: .. ?, .. :? ._ _. ;` ;: MARGARET M. MUSTIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. NO. 04-6372 JENNIFER M. GOODYEAR, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, MARGARET J. LENTON, an employee of Weiss, Weiss & Weiss, 802 Walnut Street, P.O. Box 838, Lebanon, PA, 17042-0838, Attorneys for Plaintiff, being duly sworn according to law, depose and say that on September 19, 2006, I mailed an original and one (1) true and correct copy of Plaintiff's Requests For Admissions And Accompanying Interrogatory To Defendant, to the attorney for the Defendant, being Jefferson J. Shipman, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA, 17032-0109, by regular United States first class mail. M G RET J. LENTON Sworn and subscribed to before me this 29th day of September, 2006. NOTARY FBI'C LCOMMONWEALTH OF PENNSYLVAMA NOTARIAL SEA1 BRENDA K. KUGLER Nota Public CITY OF LEBANON LEBANON COUNTY My Commission Expires Mor 4, 2009 <v 4, i?sf A ` y I G D f MARGARET M. MUSTIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Vs. NO. 04-6372 JENNIFER M. GOODYEAR, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, MARGARET J. LENTON, an employee of Weiss, Weiss & Weiss, 802 Walnut Street, P.O. Box 838, Lebanon, PA, 11042-0838, Attorneys for Plaintiff, being duly sworn according to law, depose and say that on October 23, 2006, I mailed an original and one (1) true and correct copy of Plaintiff's Requests Fort Admissions And Accompanying Interrogatory To Defendant, to the attorney for the Defendant, being Jefferson J. Shipman, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA, 17032-0109, by regular United States first class mail. MARG ET J. LENTON Sworn and subscribed to before me this 23rd day of October, 2006. NOTARY BLIC %-%Nv1#y-T4 EALTH OF Kt!t I.VAM A NOTARIAL SEAL. BRENDA K. KUGLER CITY OF LEBANON LEputAc BANON COUNTY My COMMLIMon Expkes Mar 4, 2009 CD . MARGARET M. MUSTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ?o37.Z NO. 04-??CIVIL TERM JENNIFER M. GOODYEAR, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, Barbara A. Dengler, an employee of Weiss, Weiss & Weiss, 802 Walnut Street, P.O. Box 838, Lebanon, PA, 17042-0838, Attorneys for Plaintiff, being duly sworn according to law, depose and say that on November 22, 2006, I mailed a true and correct copy of Plaintiff's Answers to Defendant's Supplemental Interrogatories and Request for Production of Documents to Jefferson J. Shipman, Esquire, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109, by Regular United States First Class Mail/Postage Prepaid. "444a- J, 4 eL BARBARA A. DENGLER Sworn and subscribed to before me this 22nd day of November, 2006. a NOTARY PUBLIC LT r='- A tH OF PENNSYLVANIA Notarial Seal Lois A. Ostrander, Notary Pub11C Lebanon, Lebanon County, PA M Commission Expires Jul 18 2008 rag 45 t -fi-a ?s7 MARGARET M. MUSTIN, Plaintiff vs. JENNIFER M. GOODYEAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-6372 JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO DETERMINE SUFFICIENCY OF DEFENDANT'S ANSWERS TO PLAINTIFF'S REOUESTS FOR ADMISSIONS Plaintiff, Margaret M. Mustin, by and through her undersigned counsel, M. Jannifer Weiss, Esquire, moves this Court under Pa.R.C.P. 4014(c) to determine that Defendant's Answers to Plaintiff's Requests for Admissions are insufficient and to order that Defendant answer the admissions at issue. In support of this Motion, Plaintiff represents: 1. 2 3. 4. On October 23, 2006, Plaintiff served upon Defendant, Plaintiffs Requests for Admissions. A copy of these Requests for Admissions are attached as Exhibit "A". On November 20, 2006, Defendant served upon Plaintiff, Defendant's Answers to Plaintiff's Request for Admissions. A copy of the Defendant's Answers is attached as Exhibit "B". Pursuant to Pa.R.C.P. §4014(a), a party may request admissions "that relate to statements or opinions of fact or the application of law to fact...". Pursuant to Pa.R.C.P. §4014(b), the responding party must either state his objection and its basis, or admit or deny the matter. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request. 5. Plaintiff's Requests for Admissions #7, 8 and 9 state as follows: "(7.) Admit that your actions were the sole cause of the automobile collision. (8.) Admit that you were not in control of your Chevrolet Blazer immediately prior to impact. (9.) Admit that the Plaintiff was injured as the result of the automobile collision." 6. Defendant's Answers to Requests for Admissions #7, 8 and 9 state: "(7., 8., 9.) Denied as a conclusion of law and fact to which no response is required." 7. Defendant's Answers to Requests for Admissions #7, 8, 9 are insufficient and do not comply with Pa.R.C.P. §4014(b), which requires a response and permits requests that relate to statements or opinions of fact or of the application of law to fact. 8. Plaintiff s Request for Admission #11 states as follows: "(11.) Admit that your route had a minimum of two (2) stop lights and two (2) stop signs for your direction of travel." 9. Defendant's Answer to Request for Admission #11 states: "(11.) Admitted in part, denied in part. It is admitted that Defendant encountered stop signs and traffic lights which were green; It is denied in that Defendant cannot confirm the exact number." 10. Defendant's Answer to Request for Admission #11 is insufficient in that this information is readily known or readily obtainable by Defendant, as it is the route which she traveled home following the collision. 11. Plaintiff s Request for Admission #13 states as follows: "(13.) Admit that following the collision on November 28, 2003, none of your mechanic's records state that you reported brake failure." 12. Defendant's Answer to Request for Admission #13 states: "(13.) Denied. Auto service records provided in Defendant's Responses To Plaintiffs Request For Production Of Documents - Set II, indicate that. Defendant's ABS unit was replaced on February 24, 2004." 13. Defendant's Answer to Request for Admission #13 is insufficient in that it states that the ABS unit was replaced on February 24, 2004; however, the admission requests confirmation that the mechanic's records themselves do not state that Defendant reported brake failure. 14. Plaintiff s Request for Admission #15 states as follows: "(15.) Admit that on December 4, 2003, your vehicle was inspected and did not require any work to be done to pass inspection." 15. Defendant's Answer to Request for Admission #15 states: "(15.) Admitted in part, denied in part. It is admitted that the records show Defendant's vehicle passed inspection. It is denied that the Defendant continued to have difficulty with her brakes and avoided using her vehicle. Defendant eventually learned her ABS unit needed to be replaced." 16. Defendant's Answer to Request for Admission #15 is insufficient in that it does not specifically admit that on December 4, 2003, the vehicle was inspected and did not require any work to be done to pass inspection. 17. Plaintiff s Request for Admission #17 states as follows: "(17.) Admit that on January 30, 2004, Dr. Rolle's medical records state: `It appears that Mrs. Mustin has experienced an aggravation of her previous cervical radiculopathy based upon the motor vehicle accident of November, 2003'." 18. Defendant's Answer to Request for Admission #17 states: "(17.) Admitted in part, denied in part. It is admitted that Dr. Rolle's records state an opinion regarding the Plaintiff's medical condition. It is denied as a conclusion of law and fact to which no response is required." 19. Defendant's Answer is insufficient that it does not admit the exact language set forth in the January 30, 2004 medical records. 20. Plaintiff s Request for Admission #18 states as follows: "(18.) Admit that the MRI report dated March 5, 2004, states: `At C4-5, there is a broad-based herniation centrally. This causes a moderate spinal canal stenosis and mild bilateral foraminal stenosis. This is much more prominent than on the previous study of 5/23/00'." 21. Defendant's Answer to the Request for Admission #18 states: "(18.) Admitted in part, denied in part. It is admitted that the MRI report dated March 5, 2004 states an opinion regarding the Plaintiff's medical condition. It is denied as a conclusion of fact to which no response is required." 22. Defendant's Answer to Request for Admission #18 is insufficient in that it does not admit the exact language contained in the MRI report dated March 5, 2004. 23. Plaintiff s Request for Admission #19 states as follows: "(19.) Admit that Dr. Rolle's medical records of April 2, 2004, state: `On review of her cervical MRI, the disc protrusion at C4-C5 appears to be new compared to the previous study done back in May 2000'." 24. Defendant's Answer to Request for Admission #19 states: "(19.) Admitted in part, denied in part. It is admitted that Dr. Rolle's records state an opinion regarding the Plaintiffs MRI studies. It is denied as a conclusion of fact to which no response is required." 25. Defendant's Answer to Request for Admission #19 is insufficient in that he does not admit the specific language set forth in Dr. Rolle's medical records of April 2, 2004. 26. Plaintiff s Request for Admission #20 states as follows: "(20.) Admit that on September 10, 2004, Steven K. Powers, M.D., performed a three level anterior cervical discectomy at C4-5, C5-6, and C6-7." 27. Defendant's Answer to Request for Admission #20 states: "(20.) Admitted in part, denied in part. It is admitted that Dr. Powers' records indicate that surgery was performed. It is denied in that Defendant has no personal or first-hand knowledge of Plaintiff s medical treatment." 28. Defendant's Answer to Request for Admission #20 is insufficient in that it does not admit the date of surgery and the type of surgery. 29. Plaintiff's Request for Admission #21 states as follows: "(21.) Admit that on September 10, 2004, Steven K. Powers, M.D., performed interbody fusions using fortical cancellus allograft spacers and an anterior spinal plate fixated from C4 down to C7." 30. Defendant's Answer to Request for Admission #21 states: "(21.) Admitted in part, denied in part. It is admitted that Dr. Powers' records indicate that surgery was performed. It is denied in that Defendant has no personal or first-hand knowledge of Plaintiff s medical treatment." 31. Defendant's Answer to Request for Admission #21 is insufficient in that it does not admit the date of surgery or that Dr. Powers performed interbody fusions using fortical cancelus allograft spacers and an anterior spinal plate fixated from C4 down to C7. 32. Plaintiff s Requests for Admissions #22-31 state as follows: "(22.) Admit that the November 28, 2003 collision caused a C4-5 herniation in Mrs. Mustin's neck. (23.) Admit that the November 28, 2003 collision aggravated a C4-5 herniation in Mrs. Mustin's neck. (24.) Admit that the November 28, 2003 collision caused a C5-6 herniation in Mrs. Mustin's neck. (25.) Admit that the November 28, 2003 collision aggravated a C5-6 herniation in Mrs. Mustin's neck. (26.) Admit that the November 28, 2003 collision caused Mrs. Mustin cervical myelopathy. (27.) Admit that the November 28, 2003 collision aggravated Mrs. Mustin's previous condition of cervical radiculitis. (28.) Admit that it is your belief that Mrs. Mustin did not sustain any injury to her neck in the November 28, 2003 automobile collision. (29.) Admit that it is the opinion of Joel W. Winer, M.D., that Mrs. Mustin did not sustain any injury to her neck in the November 28, 2003 automobile collision. (30.) Admit that you do not believe that the November 28, 2003 automobile collision aggravated any pre-existing condition in Mrs. Mustin's neck. (3 1.) Admit that it is the opinion of Joel W. Winer, M.D., that the November 28, 2003 automobile collision did not aggravate any pre-existing condition in Mrs. Mustin's neck." 33. Defendant's Answers to Requests for Admissions #22-31 state: "(22.-31) Denied as a conclusion of law and fact to which to response is required." 34. Defendant's Answers to Requests for Admissions #22-31 are insufficient in that they do not comply with Pa.R.C.P. §4014(b), which requires a response and permits requests that relate to statements or opinions of fact or of the application of law to fact. 35. Plaintiff s Request for Admission #36 states as follows: "(36.) Admit that from July 27 2000 through November 28, 2003, Plaintiff was never diagnosed as having a C6 radiculopathy." 36. Defendant's Answer to Request for Admission #36 states: "(36.) Answering Defendant is unable to admit or deny as Defendant does not have any knowledge or any interim treatment or lack thereof." 37. Defendant's Answer to Request for Admission #36 is insufficient pursuant to Pa.R.C.P. §4014(b). Plaintiff has signed numerous medical authorizations allowing for Defendant to obtain medical records directly. Plaintiff has provided to Defendant all medical pursuant to the Pennsylvania Rules of Discovery. The information is either known or readily available to Defendant so as to allow her to admit or deny the statement. 38. Plaintiff s Request for Admission #37 states as follows: 11(37.) Admit that from July 27, 2000 until November 28, 2003, Plaintiff never had any MRI's, CT scans or x-rays for neck pain." 39. Defendant's Answer to Request for Admission #37 states: "(37.) Denied. Dr. Powers referenced a 12/16/02 cervical MRI in his deposition." 40. Defendant's Answer to Request for Admission #37 is insufficient because the request specifically states "Plaintiff never had any MRI's, CT scans or x-rays for neck pain". Defendant knows full well that, as testified to by Dr. Powers in his deposition, the 12/16/02 cervical MRI was requested because of complications with her esophagus and had nothing to do with neck pain. The information to answer this Request is either known or readily available to Defendant so as to allow her to admit or deny the statement. 41. Plaintiff s Requests for Admission #38, 39 and 40 state as follows: "(38.) Admit that the Sudden Emergency Doctrine is not a defense in this case. (39.) Admit that the Sudden Emergency Doctrine does not encompass sudden mechanical failure. (40.) Admit that the Sudden Emergency Doctrine does not apply to cases involving brake failure." 42. Defendant's Answers to Requests for Admission #38, 39 and 40 state: "(38-40.) Denied as a conclusion of law and fact to which no response is required." 43. Defendant's Answers to Requests for Admission #38, 39 and 40 are insufficient and do not comply with Pa.R.C.P. §4014(b), which requires a response and permits requests that relate to statements or opinions of fact or of the application of law to fact. 44. Plaintiff s Requests for Admission are proper and Defendant should be directed to answer. WHEREFORE, Plaintiff requests that this Court determine that Defendant's Answers are insufficient and Order that the Defendant answer Requests #7, 8, 9, 11, 13, 15, 17, 18, 19, 20, 21, 22, 231 24, 25, 26, 27, 28, 29, 30, 31, 36, 37, 38, 39, and 40 of Plaintiffs Request for Admission to Defendant within fifteen (15) days or suffer appropriate sanctions upon application to this Court. M. JA41FgiR WEISS, ESQUIRE I.D. No. 39135 Attorney for Plaintiff, Margaret M. Mustin Weiss, Weiss & Weiss 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 Telephone: 717/273-1661 ?Yhib?+ q MARGARET M. MUSTIN, Plaintiff VS. JENNIFER M. GOODYEAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6372 JURY TRIAL DEMANDED PLAINTIFF'S REQUESTS FOR ADMISSIONS AND ACCOMPANYING INTERROGATORY TO DEFENDANT Pursuant to Pa.R.C.P. No. 4014, Plaintiff, Margaret M. Mustin, by her undersigned attorney, hereby requests that Defendant make the following admissions within thirty (30) days after service, for the purposes of this action only and subject to all pertinent objections as to relevance which may be interposed at the trial of this case. In addition, pursuant to Pa.R.C.P. No. 4005, Plaintiff hereby requests that Defendant answer under oath the following Interrogatory. Responses to these Requests and Interrogatory are to be served within thirty (30) days after service upon Plaintiff s attorney. INSTRUCTIONS 1. These Requests for Admissions and accompanying Interrogatory are directed to the Defendant, Jennifer M. Goodyear, her officers, employees, agents, servants, assigns, representatives, past and present, and unless privilege is claimed, each and every attorney, past and present, of each and every such individual or entity. As used herein, "Defendant", "you" and "your" means the Defendant to which these Requests for Admissions and accompanying Interrogatory are addressed, Jennifer M. Goodyear, her officers, employees, agents, servants, assigns, representatives, past and present, and each and every attorney, past and present, of each and every such individual or entity. 2. These Requests for Admissions and accompanying Interrogatory encompass all information, documents and records that are in the possession, control, or custody of Defendant or any of her officers, employees, agents, servants, attorneys, and assigns. 3. If any objections are made to any Request for Admission or to the accompanying Interrogatory, the reasons therefore shall be stated. 4. If there is any claim of privilege relating to any Request to Admit, or Interrogatory, you shall set forth fully the basis for the claim of privilege, including the facts upon which you rely to support the claim of privilege in sufficient detail to permit the Court to rule on the propriety of the privilege. 5. If your response to any request is not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission is requested, you should specify so much of it as is true and qualify or deny the remainder. 7. You may not give lack of information or knowledge as a reason for failure to admit or deny, unless you state that you have made reasonable inquiry and that the information known to you or readily obtainable by you is insufficient to enable you to admit or deny. 8. These Requests for Admission and Interrogatory are continuous in nature and must be supplemented promptly if Defendant obtains or learns further or different information between the date of the response and the time of trial by which Defendant knows that a previous response was incorrect when made, or though correct when made, is then no longer true. 9. Unless otherwise indicated, the time period to which these Requests for Admission and Interrogatory are directed is from on or about January 1, 2003 through the present. 10. This request seeks the admission of the genuineness of various documents. In some cases, there are printed number and letter codes that run along the bottom of particular documents. In other cases, the word "evidence" and other identification marks may be affixed to the document. Such numbers, letters and identifying words were affixed during the accumulation and copying of the documents for this case and are not to be considered part of the documents itself, except for purposes of referencing the document. The request does not seek Defendant's admission regarding the accuracy and genuineness of those numbers and letters, but only of the document on which those numbers and letters have been placed. DEFINITIONS 1. All verbs are intended to include all tenses. 2. References to the singular are intended to include the plural and vice versa. 3. "Any" as well as "all" shall be construed to mean "each and every". 4. "And" as well as "or" shall be construed disjunctively as well as conjunctively, as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 5. "Refer to" or "relate to" means constituting, defining, describing, discussing, involving, concerning, containing, embodying, reflecting, identifying, stating analyzing, mentioning, responding to, referring to, dealing with, commenting upon, or in any way pertaining to. REQUESTS FOR ADMISSIONS A. Admit that each of the following documents is a true and correct copy of the original document, is admitted as being genuine and authentic, and shall be admitted as evidence at trial: 1. Exhibits 11-27 attached to the deposition transcript of William A. Rolle, M.D. 2. Exhibits 1-4 attached to the deposition transcript of Joel W. Winer, M.D. 3. Emergency Room records from Holy Spirit Hospital for treatment on November 28, 2003. 4. All documents provided in response to the Plaintiffs Request for Production of Documents - Set II, from Lawrence Chevrolet, Detweiler Mechanical, Highland's Tire & Service Centers, Van Allen Auto Repair Shop, Eddy's Tire & Auto Service Center, Inc., and Tires Plus Total Care. B. With respect to Plaintiff s automobile insurance: 5. Admit that on November 28, 2003, Plaintiff's automobile insurance policy issued by Liberty Mutual provided full tort coverage. C. With respect to the automobile collision: 6. Admit that the front of your Chevrolet Blazer collided with the rear of Plaintiff s Volkswagen Beetle. 7. Admit that your actions were the sole cause of the automobile collision. 8. Admit that you were not in control of your Chevrolet Blazer immediately prior to impact. 9. Admit that the Plaintiff was 'injured as the result of the automobile collision. 10. Admit that the route you drove home following the collision included maximum posted speed limits of fifty-five (55) miles per hour and sixty- five (65) miles per hour. 11. Admit that your route had a minimum of two (2) stop lights and two (2) stop signs for your direction of travel. 12. Admit that for ten (10) months prior to the collision on November 28, 2003, none of your mechanic's records state that you reported brake failure. 13. Admit that following the collision on November 28, 2003, none of your mechanic's records state that you reported brake failure. 14. Admit that on November 26, 2003, new front brake pads were installed on your vehicle. 15. Admit that on December 4, 2003, your vehicle was inspected and did not require any work to be done to pass inspection. 16. Admit that on December 4, 2003, the inspection report showed that your left front brake was a "9R" and your right rear brake was a "413". D. With respect to the injuries sustained by Mrs. Mustin: 17. Admit that on January 30, 2004, Dr. Rolle's medical records state: "It appears that Mrs. Mustin has experienced an aggravation of her previous cervical radiculopathy based upon the motor vehicle accident of November, 2003.". 18. Admit that the MRI report dated March 5, 2004, states: "At C4-5, there is a broad-based hernation centrally. This causes a moderate spinal canal stenosis and mild bilateral foraminal stenosis. This is much more prominent than on the previous study of 5/23/00.". 19. Admit that Dr. Rolle's medical records of April 2, 2004, state: "On review of her cervical MRI, the disc protrusion at C4-C5 appears to be new compared to the previous study done back in May 2000.". 20. Admit that on September 10, 2004, Steven K. Powers, M.D., performed a three level anterior cervical discectomy at C4-5, C5-6, and C6-7. 21. Admit that on September 10, 2004, Steven K. Powers, M.D., performed interbody fusions using cortical cancellus allograft spacers and an anterior spinal plate fixated from C4 down to C7. 22. Admit that the November 28, 2003 collision caused a C4-5 herniation in Mrs. Mustin's neck. 23. Admit that the November 28, 2003 collision aggravated a C4-5 herniation in Mrs. Mustin's neck. 24. Admit that the November 28, 2003 collision caused a C5-6 herniation in Mrs. Mustin's neck. 25. Admit that the November 28, 2003 collision aggravated a C5-6 herniation in Mrs. Mustin's neck. 26. Admit that the November 28, 2003 collision caused Mrs. Mustin cervical myelopathy. 27. Admit that the November 28, 2003 collision aggravated Mrs. Mustin's previous condition of cervical radiculitis. 28. Admit that it is your belief that Mrs. Mustin did not sustain any injury to her neck in the November 28, 2003 automobile collision. 29. Admit that it is the opinion of Joel W. Winer, M.D., that Mrs. Mustin did not sustain any injury to her neck in the November 28, 2003 automobile collision. 30. Admit that you do not believe that the November 28, 2003 automobile collision aggravated any pre-existing condition in Mrs. Mustin's neck. 31. Admit that it is the opinion of Joel W. Winer, M.D., that the November 28, 2003 automobile collision did not aggravate any pre-existing condition in Mrs. Mustin's neck. E. With respect to the testimony of Joel W. Winer, M.D. 32. Admit that Dr. Winer never reviewed the 12/16/02 MRI. 33. Admit that Dr. Winer never reviewed the 12/16/02 MRI report. 34. Admit that prior to his deposition on July 18, 2006, Dr. Winer did not review the attending physician's statements signed by Stephen K. Powers, M.D., dated December 3, 2004 and February 16, 2005. 35. Admit that from July 27, 2000 until after the automobile accident on November 28, 2003, Plaintiff did not seek medical care and treatment from either Dr. Do or Dr. Rolle for any right-sided neck pain or right shoulder pain radiating into her right arm. 36. Admit that from July 27, 2000 through November 28, 2003, Plaintiff was never diagnosed as having a C6 radiculopathy. 37. Admit that from July 27, 2000 until November 28, 2003, Plaintiff never had any MRI's, CT scans or x-rays for neck pain. F. With respect to the Sudden Emergency defense: 38. Admit that the Sudden Emergency Doctrine is not a defense in this case. 39. Admit that the Sudden Emergency Doctrine does not encompass sudden mechanical failure. 40. Admit that the Sudden Emergency Doctrine does not apply to cases involving brake failure. INTERROGATORY 1. Plaintiff hereby requests that for each Request for Admission set forth above which you deny, in whole or in part, state: a. all facts, information and matters, including relevant dates, times and places, upon which your denial is based; b. any statutory, regulatory provision(s) or other legal basis upon which your denial is based; c. the identity by name, address, phone number, and employment title of all persons with information or matters upon which your denial is based; d. a summary of the information or knowledge possessed by each such person; and e. the identity and description of all documents that refer or relate to the facts, information and matters upon which your denial is based. t M. JA , ER WEISS, ESQUIRE I.D. No. 39135 Attorney for Plaintiff Weiss, Weiss & Weiss 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 Telephone: 717/273-1661 AFFIDAVIT OF SERVICE AND NOW, this 23rd day of October, 2006, I hereby verify that I have caused a true and correct copy of the foregoing document, Plaintiff s Request For Admissions And Accompanying Interrogatory To Defendant, to be placed in the U.S. mail, first class, postage prepaid, and addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17032-0109 M. JA FER WEISS, ESQUIRE E,Xhib-? 1?) Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MARGARET M. MUSTIN, Plaintiff Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6372 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMIANDED V. JENNIFER M. GOODYEAR, Defendant DEFENDANT'S ANSWERS TO PLAINTIFF'S REQUEST FOR ADMISSIONS TO: M. Jannifer Weiss, Esquire Weiss, Weiss & Weiss 802 Walnut Street P.O Box 838 Lebanon, PA 17042-0838 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER s r Jeff rso J. Shipma , Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant DATE: A. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. B 5. Admitted C. 6. Admitted. 7. Denied as a conclusion of law and fact to which no response is required. 8. Denied as a conclusion of law and fact to which no response is required. 9. Denied as a conclusion of law and fact to which no response is required. 10. Denied. The speed limit on Defendant's route never exceeded forty (40) miles per hour. Furthermore, Defendant never traveled at that speed for fear that her brakes might lock again. 11. Admitted in part, denied in part. It is admitted that Defendant encountered stop signs and traffic lights which were green; It is denied in that Defendant cannot confirm the exact number. 12. Admitted. 13. Denied. Auto service records provided in Defendant's Responses To Plaintiff's Request For Production Of Documents - Set Il, indicate that Defendant's ABS unit was replaced on February 24, 2004. 14. Admitted. 15. Admitted in part, denied in part. It is admitted that the records show Defendant's vehicle passed inspection. It is denied in that Defendant continued to have difficulty with her brakes and avoided using her vehicle. Defendant eventually learned her ABS unit needed to be replaced. 16. Admitted. 17. Admitted in part, denied in part. It is admitted that Dr. Rolle's records state an opinion regarding the Plaintiff's medical condition. It is denied as a conclusion of law and fact to which no response is required. 18. Admitted in part, denied in part. It is admitted that the MRI report dated March 5, 2004 states an opinion regarding the Plaintiff's medical condition. It is denied as a conclusion of fact to which no response is required. 19. Admitted in part, denied in part. It is admitted that Dr. Rolle's records state an opinion regarding the Plaintiff's MRI studies. It is denied as a conclusion of fact to which no response is required. 20. Admitted in part, denied in part. It is admitted that Dr. Powers' records indicate that surgery was performed. It is denied in that Defendant has no personal or first-hand knowledge of Plaintiff's medical treatment. 21. Admitted in part, denied in part. It is admitted that Dr. Powers' records indicate that surgery was performed. It is denied in that Defendant has no personal or first-hand knowledge of Plaintiff's medical treatment. 22. Denied as a conclusion of law and fact to which no response is required. 23. Denied as a conclusion of law and fact to which no response is required. 24. Denied as a conclusion of law and fact to which no response is required. 25. Denied as a conclusion of law and fact to which no response is required. 26. Denied as a conclusion of law and fact to which no response is required. 27. Denied as a conclusion of law and fact to which no response is required. 28. Denied as a conclusion of law and fact to which no response is required. 29. Denied as a conclusion of law and fact to which no response is required. 30. Denied as a conclusion of law and fact to which no response is required. 31. Denied as a conclusion of law and fact to which no response is required. 34. Admitted 35. Admitted. 36. Answering Defendant is unable to admit or deny as Defendant does not have any knowledge of any interim treatment or lack thereof. 37. Denied. Dr. Powers referenced a 12/16/02 cervical MRI in his deposition. 38. Denied as a conclusion of law and fact to which no response is required. 39. Denied as a conclusion of law and fact to which no response is required. 40. Denied as a conclusion of law and fact to which no response is required. InterrogatM 1. Information responsive to this Interrogatory was provided within the context of the individual answers. VERIFICATION I, Jennifer M. Goodyear, have read the foregoing Answers to Plaintiff's Request For Admissions and Interrogatory and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4804. i. r f A J nnifer M. Goodyear DATE: _ 251249.2 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on: November 20, 2006. M. Jannifer Weiss, Esquire Weiss, Weiss & Weiss 802 Walnut Street P.O Box 838 Lebanon. PA 17042-0838 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER jeffffrson J. Shipn1an, Esquire ttorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant MARGARET M. MUSTIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER M. GOODYEAR, NO. 04-6372 CIVIL DEFENDANT JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 2Ild day of February, 2007, upon consideration of the Plaintiff's Motion to Determine Sufficiency of Defendant's Answers to Plaintiff's Request for Admissions, IT IS HEREBY ORDERED AND DIRECTED that a Discovery Conference shall be held on Thursday, April 26, 2007 at 1:30 p.m in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ?v? ? - M. L. Ebert, Jr., J. M. Jannifer Weiss, Esquire Attorney for Plaintiff Jefferson J. Shipman, Esquire Attorney for Defendant bas 1` t{ 4 1 ??,,. r°r j ff .Y 1J +i „.} ?I 3 ULu MARGARET M. MUSTIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER M. GOODYEAR, NO. 04-6372 CIVIL DEFENDANT JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 21st day of February, 2007, upon consideration of the request from Plaintiff's counsel for a continuance of the Discovery Conference regarding the Plaintiff's Motion to Determine Sufficiency of Defendant's Answers to Plaintiff's Request for Admissions, IT IS HEREBY ORDERED AND DIRECTED that the Discovery Conference shall be continued from Thursday, April 26, 2007 at 1:30 p.m until Monday, May 21, 2007 at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. /Jannifer Weiss, Esquire Attorney for Plaintiff ,J?fferson J. Shipman, Esquire Attorney for Defendant bas `t By the Court, 1*? --? ? " 0 M. L. Ebert, Jr., J. S F ? .g dill ZZ 93A LOOZ AWIQNlOk'i-0l -d 3HI JCS MARGARET M. MUSTIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. !a3'1A NO.04 CIVIL TERM JENNIFER M. GOODYEAR, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, BARBARA A. DENGLER, an employee of Weiss, Weiss & Weiss, 802 Walnut Street, P.O. Box 838, Lebanon, PA, 17042-0838, Attorneys for Plaintiff, being duly sworn according to law, depose and say that on January 24, 2007, I mailed a true and correct copy of Plaintiffs Motion To Determine Sufficiency Of Defendant's Answers To Plaintiffs Request For Admissions to the attorney for the Defendant, being Jefferson J. Shipman, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA, 17043-0109, by regular, United States first class mail, postage prepaid. Lx?Q4? Qxtl BARBARA A. DENGLER Sworn and subscribed to before me this 24th day of January, 2007. 0z z ?, e (W/j /", h NOTARY PUBLIC nw 1 h of P nn ni NOTARIAL SEAL BM K. BRUW.M NOTARY R18LIC City d Lebanon, Lebanon Cwq Commission Expires Larch 4,109 ? r.? a [.,- .? rt ? i ? ' .? -7 ' s ( e.? . . x , ,? j 'w.,? E_. 4.1 .? t.. Y ? ? ?'???. ^'? ...i . ? _. MARGARET M. MUSTIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER M. GOODYEAR, NO. 04-6372 CIVIL DEFENDANT JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 21s' day of May, 2007, upon consideration of the Plaintiff's Motion to Determine Sufficiency of Defendant's Answers to Plaintiff's Request for Admission and after conference with counsel, IT IS HEREBY ORDERED AND DIRECTED as follows: A. Plaintiff's Request for Admission No. 7 - is Withdrawn. B. Plaintiff's Request for Admission No. 8 - Denied. C. Plaintiff's Request for Admission No. 9 - Denied. D. Defendant is directed to completely answer Plaintiffs Request for Admission No. 11. E. Plaintiff's Request for Admission No. 13 - Denied. F. Plaintiffs Request for Admission No. 15 - Defendant Admits. G. Plaintiff's Request for Admission No. 16 - Defendant Admits. H. Plaintiff's Request for Admission No. 18 - Defendant Admits. 1. Plaintiffs Request for Admission No. 19 - Defendant Admits. J. Plaintiff's Request for Admission No. 20 - Defendant Admits. K. Plaintiff's Request for Admission No. 21 - Defendant Admits. L. Plaintiffs Request for Admission Numbers 22 through 27 - are Withdrawn. M. Plaintiff's Request for Admission No. 28 - Denied. N. Plaintiff's Request for Admission No. 29 - Denied. s 0. Plaintiff's Request for Admission No. 30 - Denied. P. Plaintiffs Request for Admission No. 31 - Denied. Q. Plaintiff's Request for Admission No. 36 - Denied. R. Plaintiffs Request for Admission No. 37 - Denied. S. Plaintiff's Request for Admission Numbers 38 through 40 - are Withdrawn. By the Court, M. L. Ebert, Jr., J. Jannifer Weiss, Esquire Attorney for Plaintiff /efferson J. Shipman, Esquire Attorney for Defendant bas 16'.! 11 L u" !UZ SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff Margaret A. Mustin, Jennifer M. Goodyear, Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6372 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Plaintiff, Margaret Mustin, with regard to the above-captioned matter. SHOLLENBERGER & JANUZZI, LLP By: Ti thy Aho A.- nberger Attorney 1.1#34343 Dated: Nklelhbw /, 2 ??7 Y 1406 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff Margaret A. Mustin, Jennifer M. Goodyear, Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6372 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ay of No L 1-4 , 2007, I hereby certify that I have served a true and correct copy of the Plaintiffs Entry of Appearance, by United States mail, postage prepaid, addressed to: M. Jannifer Weiss, Esquire Weiss, Weiss & Weiss 802 Walnut Street P.O. Box 838 Lebanon, PA 17042-0838 Jefferson J. Shipman Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By: Atto I.D. #34343 r, Esquire ca a? An 3-0 .- .c 78 -? ko - SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MARGARET A. MUSTIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER M. GOODYEAR, Defendant NO. 04-6372 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED And now, this 3rd day of June, 2008, 1 hereby certify that a copy of the Plaintiffs Request for Admissions to Defendant, via First-Class Mail: Jefferson J. Shipman Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 SHOLLENBERGER & JANUZZI, LLP By: iothy A. S011enberager, EID#34343 4 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Q0 J . C,,y ? Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 MARGARET M. MUSTIN, Plaintiff V. JENNIFER M. GOODYEAR, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6372 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUESTS FOR ADMISSIONS TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attomeys for Plaintiff 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. 10. 11. 12. 13. Admitted. Admitted. Admitted. Admitted. Admitted. JOHNSON, DUFFIE, STEWART & WEIDNER DATE: /?r Je rson J. Ship n, Esquire 13Y. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Jefferson J. Shipman, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATE: -7/t/Od CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by deposition the same in th United States Mail, first class, postage prepaid in Lemoyne, Pennsylvania, on: -7 t 1 / hy Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiff JOHNSQN, DUFFIE, STEWART & WEIDNER efferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant s--? C ? ?-? _ - .--? ? y , ?,? ? -=? t: ? ? ?l e=% t y : ?' ? JY` ..; --^ +"" {ti: .. .i ?_? '.:? .? ? ? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) MARGARET A. MUSTIN, (Plaintiff) vs. JENNIFER M. GOODYEAR, (Defendant) VS. (other) The trial list will be called on 10/21/2008 and Trials commence on 11/17/2008 Pretrials will be held on 10/29/2008 (Briefs are due 5 days before pretrials No. 04-6372 -,Civil Term Indicate the attorney who will try case for the party who files this praecipe: Ti_ mnthV A_ Shnllanhcrncr79751 Millennium WaN4 Enola, PA 17025 Indicate trial counsel for other parties if known: Jefferson J. Shipman, 301 Market Street, Lemo ne 17043 This case is ready for trial. Date: September 23,2008 Signed: Print 1'4?ar0e*4T i m t h y Attorney for: P I a i n t i ff (check one) ® Civil Action - Law ? Appeal from arbitration ,"Shollenberger -0 m Ln 1 k r_ `- ,,,, lip, r MARGARET A. MUSTIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JANNIFER M. GOODYEAR, DEFENDANT NO. 04-6372 CIVIL IN RE: PRE-TRIAL ORDER OF COURT AND NOW, this 29th day of October, 2008, after Pre-Trial Conference with Counsel in this matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Trial counsel in this case shall be Timothy A. Shollenberger, Esquire for Plaintiff and Jefferson J. Shipman, Esquire for Defendant. 2. There are no scheduling or judicial conflicts in this matter. 3. Counsel have indicated that trial will take approximately 2 days. 4. Each party will be granted four peremptory challenges. 5. There is no need for a view in this matter. 6. Counsel have advised that there is a mediation conference scheduled for November 4, 2008. 7. Given the brief nature of the case, all counsel have agreed that jurors will not be allowed to take notes. 8. All parties have been directed to prepare an exhibit list pursuant to the example attached. Two copies of this exhibit list shall be provided to the Court prior to the commencement of trial. All visual aids used in the case shall be disclosed to the opposing party. --A 9. Counsel for each party is directed to file with the Court on or before 12:00 p.m. on November 14, 2008, a list of the numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it shall provide the full text of the proposed instruction to the Court. 10. On or before 12:00 p.m. on November 14, 2008, the parties will provide a proposed verdict slip to the Court for review. 11. Plaintiff will submit proposed voir dire questions to the Court for review on or before November 12, 2008. 12. Plaintiff will submit his Motion in Limine regarding precluding introduction of vehicle photographs and testimony relating the amount of damage to vehicle vis-a-vis the amount of physical harm to person on or before November 10, 2008. By the Court, - "?k -?' AA M. L. Ebert, Jr., J. Timothy A. Shollenberger, Esquire Attorney for Plaintiff Jefferson J. Shipman, Esquire Attorney for Defendant Court Administrator - FA s ???aaloi, bas i C :Z Vid R 130 009Z J\?'}fT 1L?1 ?l f t? t ? ?'r% . .y* COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-1183 CRIMINAL • CHARGE: (1) CRIMINAL HOMICIDE - V. MURDER OF THE FIRST DEGREE • (2) CRIMINAL ATTEMPT TO MURDER • (3) AGGRAVATED ASSAULT • (4) CRIMES COMMITTED WITH FIREARMS (6) FIREARMS NOT TO BE CARRIED WITHOUT A LICENSE ANTYANB ROBINSON , AFFIANT: DETECTIVE RONALD EGOLF COMMONWEALTHS gXHIBI LIS EXHIBIT NUMBER DESCRIPTION 1 Photograph of in Tara Hodges header to 2 Used envelope bearing handwriting of Tara Hodge 3 Photograph ofront of buildinngat117-119 West Louther Street 4 Exterior side view Of Tara Hodge s apartment 5 PhOtOgraPh body of Rashawn Bass fin shower 6 Closeu p photograph of Rashawn Bass with bullet casing on shoulder 7 Diagram of Tara Hodge 's apartment B Plastic shower enclosure from Tara Hodges apartment 9 Address book of Tara Hodge 10 Date book of Tara Hodge SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Phone: (717) 728-3200 Fox: 17,171,728- 1-On Attorneys for Plaintiff MARGARET M. MUSTIN, Plaintiff V. JENNIFER M. GOODYEAR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6372 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued with prejudice. Respectfully Date: 0 Z -OS. 0 q By: StIollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: (717) 728-3200 ext. 3010 Fax: (717) 728-3400 E-mail: tas@sholljanlaw.com 4 .. -12 c w fl