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HomeMy WebLinkAbout13-3793 Supreme C© : , enns*ania . Cou 1�COMM leas For Prothonotary Use On&. 'Ci9Y�S et r r Docket No: _ County 3`7 3 ,iv' ITrrn r` The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filin g and service ofpleadings or other p apers as required by law or rules of court. ►S 0 Complaint ® Writ of Summons 13 Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Raina Chylinski David S. Maronic .Dollar Amount Requested: Owithin arbitration limits Are money damages requested? Yes [3 No (check one) 13 outside arbitration limits N Is this a Class Action Suit? 0 Yes IM No Is this an MDJAppeal? ® Yes El No Kurt D. Mitchell PA License NO.:205917106 S. Armenia Ave Tampa FL 33609 Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. _If you are making more than one type of claim, check the one that you consider most important. TORT (do not include.Mass Tort) CONTRACT.(do not include Judgments) XXVII, APPEALS l3 Intentional Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card [3 Board of Assessment Q Motor Vehicle Q Debt Collection: Other Q Board of Elections E] Nuisance Dept. of Transportation J3 Premises L•iabi ity Statutory Appeal: Other S ® Product Liability (does not include mass tart) ® Employment Dispute: ' Slander/Libel/ Defamation Discrimination C © Other: E3 Employment Dispute: Other ® Zoning Board T E3 Other- I T � Other: T MASS TORT ® Asbestos N ® Tobacco ® Toxic Tort -DES JO Toxic Tort - Implant REA R40pERT Y MISC�+ LLA�IEOUS ® Toxic Waste D . , 0 Ejectment ® Common Law /Statutory Arbitration © Other: � 13 eminent Domain/Condemnation [3 Declaratory Judgment 13 Ground Rent Mandamus l3 Landlord/Tenant Dispute Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIl± 3LI'I'�' T3 Mo jage Foreclosure: Commercial Quo Warranto ® Dental [3 Partition Replevin E3 Legal E3 Quiet Title Other: ® Medical ® Other: ® Other Professional: Updated 11M011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, CASE NO.: 13 " 37Q3 am VS. ) DAVID S MARONIC ) c -v X DEFENDANT. ) rri cam= CD NOTICE TO DEFEND — CIVIL, C) TO: DAVID S. MARONIC �` E= •' _ > 1240 CROSS CREEK DR MECHANICSBURG PENNSYLVANIA You have been sued in Court. If you wish to defend against the claim set forth in th following pages, you must take action within twenty (20) days after this Complaint an Notice are served, by entering a written appearance personally or by an attorney and filin 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 judgmen may be entered against you by the Court without further notice for any money claimed in • the complaint or- for any tWilm or relief requested by the Plaintiff. You may lose money of property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D NOT N ,kVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND O WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE T PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGA SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST CARLISLE PA 717.249.3166 *1o3. Pp ATI �IL aqa ss� i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, } CASE NO.: VS. ) DAVID S MARONIC ) DEFENDANT. ) COMPLAINT AND JURY DEMAND COMES NOW, the Plaintiff, Raina Chylinski, by counsel, and files her Complaint against the Defendant, David S. Maronic, alleges and states: PARTIES 1. The Plaintiff, Raina Chylinski, (hereinafter referred to as the Plaintiff), at all time relevant hereto, is an adult citizen of the State of Florida and resides in Bradenton, Manatee County Florida. 2. Upon information and belief the Defendant, David S. Maronic, (hereinafter referred to as Defendant), is an adult citizen of the State of Pennsylvania, and is last known to reside at 1240 Cross Creek Dr.Mechanicsburg, Cumberland County Pennsylvania. i FACTS 3. On or about October 20, 2011, the Plaintiff was operating a 1995 Saturn on Hogestown Road traveling South. At said time and place the Plaintiff had the right of way. 4. At said time and place, the Defendant was operating a 1999 Jeep automobile wherein the Defendant proceeded to execute an illegal, improper and careless left hand turn from an adjoining street. At said time and place, the Defendant improperly turned onto Hogestown Road causing a collision with the Plaintiff. A. Defendant was cited by the Silver Spring Township Police Department for improper left hand turn. 5. At said time and place, Defendant's automobile pulled in front of the Plaintiff's automobile causing Plaintiff's automobile to collide with the Defendant's automobile causing the Plaintiff to sustain severe injuries including but not limited to cerebral concussion; four (4) herniated, two(2) compression fractures; radiculopathy, longitudinal ligament injury and emotional trauma. Count I Negli ence 6. The Plaintiff Raina Chylinski hereby sues the Defendant David S. Maronic in negligence for severe injuries sustained as a result of the Defendant's negligent operation of an automobile. 7. Paragraphs 1 -5 are realleged and incorporated herein. 8. The Defendant had a duty to operate his vehicle in a safe and careful manner obeying all traffic laws. 2 i i 9. The Defendant breached this duty by operating his vehicle in a careless manner disobeying traffic laws by executing an illegal, improper and careless left hand turn causing the collision with the Plaintiff. 10. The Dei endani's breach of Vhe duties delineated hef einauwae proximately causing or proximately contributing to the cause of the collision and Plaintiffs damages alleged herein. 11. As a result the Plaintiff suffered damages. DEMAND FOR RELIEF COUNT I i 12. The Plaintiff prays for the following relief: (1) Trial by jury; (2) Judgment for Plaintiff and against Defendant for $50,000.00; (3) An award of damages which will fully and fairly compensate Plaintiff for severe & permanent personal injuries; past, present & future pain & suffering; past, present & future mental anguish; loss of enjoyment of life's activities; permanent or temporary partial/total disability; lost wages, lost or diminished earning capacity, past, present & future medical bills and expenses; property damage not in excess of $50,000.00. (4) Such other and further relief deemed just and proper in the premises. VWT 7 CHELL J.D. . BAR NO.: 205917 106 S. Armenia St Tampa FL 33609 PH: 941.465.9253 lanitchell@hoglaw.com 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson LLLf _ ,;- Sheriff D 0 F I C' ,a�rx�� of rare r� tis THE PR0TrHC.� 4d-TA1-( Jody S Smith ' Chief Deputy 2013 JUL 18 AM EQ. 0 Richard W Stewart Solicitor Orr CEO EfE z=ERIrP 0MBERLA0 COUKY PENNS. A-NIA Raina Chylinkski Case Number vs. 2013-3793 David S Maronic SHERIFF'S RETURN OF SERVICE 07/15/2013 06:09 PM--Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: David S Maronic at 1111 Country Club Road, East Pennsboro Township, Camp Hill, PA 17011. J IE DIMAATLE, DEPUTY SHERIFF COST: $60.71 SO ANSWERS, July 16, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Shenff,Telecsoft,Inc. I I I • i ;:: PFRDTWANOTAR%- 2ol?, JUL 3 l AH 10* 48 CL&IBERLAF@ COBTY PDJINSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, NO. 13-3793 V. PRAECIPE FOR APPEARANCE DAVID SCOTT MARONIC, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa: I.D. #83058 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #20084 IN THE COURTjOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA j RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, V. NO. 13-3793 DAVID SCOTT MARONIC, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, David Scott Maronic, in the above case: j JURY TRIAL DEMANDED I Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE S'KEEL, C. i By: in 95. Rauch, Esquire Counsel for Defendant i i I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 30th day of July, 2013. Kurt D. Mitchell, Esquire 106 S. Armenia Street Tampa, FL 33609 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & , KEEL, P.C. By: evin D.11kauch, ire ounsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13-3793 VS. ) DAVID S MARONIC ) DEFENDANT. ) PLAINTIFF'S NOTICE OF SERVING FIRST SET OF DISCOVERY The Plaintiffs through the undersigned counsel,HEREBY give notice of serving her first set of discovery which includes: 1. Twenty(20)interrogatories pursuant to PA.R.C.P. 4005 directed to Defendant. 2. Thirteen(13)document requests pursuant to PA.R.C.P 4009 directed to Defendant. 3. Five(5)Requests for admissions pursuant to PA. R. C. P. 4014 directed to Defendant. URT D MITCHELL J.D. - �r PA. BAR NO.: 205917 106 S. Armenia Ave rn Tampa FL 33609 UP 941.465.9253 --j C kmitchell @hoglaw.com c, :Zo - --� J, r 1 i IN THE COURT.OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13-3793 VS. ) DAVID S MARONIC ) DEFENDANT. ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the following documents: A. Plaintiff's First Set of Interrogatories; B. Plaintiff's First Request for Production; C. Plaintiff's First Request for Admissions and D. Plaintiff's Notice of Serving Discovery has been served upon the following persons via U.S. Mail and email on this 8 day of y� O(3 Kevin D. Rauch Summers,McDonald,Hudock, Guthrie& Skeel,P.C. 100 Sterling Parkway Suite 306 -- Mechanicsburg,PA 17050 T D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 ktnitchell@hoglaw.com i 1 OF THE PR19 T H ON 0 TA Y WMBEk-LAND OATY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, NO. 13-3793 V. ANSWER AND NEW MATTER DAVID SCOTT MARONIC, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant TO: Plaintiffs You are hereby notified to file a written Counsel of Record for This Party: Response to the enclosed Answer and - New Matter within twenty (20) days Kevin D. Rauch, Esquire From service hereof or a judgment Pa. I.D. #83058 May be entered against you. SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 Summers, McDonnell, Hudock, 100 Sterling Parkway, Suite 306 Guthrie & Skeel, P.C. Mechanicsburg, PA 17050 (717) 901-5916 #20084 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, V. NO. 13-3793 DAVID SCOTT MARONIC, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Denied. The Defendant resides at 1111 Country Club Road, Camp Hill, PA 17011. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his motor vehicle on the date, time and place of the subject accident. The remainder of the allegations are denied pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Paragraph 5 state legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Paragraph 6 state legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. In response to paragraph 7, the Defendant reiterates and repeats all his responses in paragraphs 1 through 6 as if fully set forth at length herein. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 and its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, David Maronic, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW.MATTER 13. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 14. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 15. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 16. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, David Maronic, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. 7).By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Va-)II-s David Scott Maronic #19494 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and New Matter has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 26th day of August, 2013. Kurt D. Mitchell, Esquire 106 S. Armenia Street Tampa, FL 33609 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch squire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13-3793 co w DAVID S NL RONIC ) rr7 � t`- CT1 G DEFENDANT. ) � ? r PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTERS cw The Plaintiff Raina Chylinski by and through undersigned counsel hereby files this response to the Defendant's new matter and states: 13. Denied. The Plaintiff requires strict proof thereof. Further,the allegations of this paragraph are legal conclusions and no additional response is required. 14. Denied. The Plaintiff requires strict proof thereof. Further,the allegations of this paragraph are legal conclusions and no additional response is required. 15. Denied. The Plaintiff requires strict proof thereof. Further,the allegations of this paragraph are legal conclusions and no additional response is required. 16. Denied. The Plaintiff requires strict proof thereof. Further,the allegations of this paragraph are legal conclusions and no additional response is required. Wherefore,Plaintiff demands Judgment against the Defendant including interest and costs. i T D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell @hoglaw.com i i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RAINA CHYLINSKI, PLAINTIFF, ) CASE NO.: 13-3793 VS. ) DAVID S MARONIC ) DEFENDANT. ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the following documents: A. Plaintiff's Response to New Matter has been served upon the following persons via U.S. Mail and email on this day of Z°l 3 Kevin D. Rauch Summers,McDonald,Hudock, Guthrie & Skeel,P.C. 100 Sterling Parkway Suite 306 Mechanicsburg,PA 17050 T D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell@hoglaw.com i f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13-3793 VS. ) DAVID S MARONIC ) ) DEFENDANT. ) ) PLAINTIFF'S NOTICE OF SERVING ANSWERS TO DEFENDANT'S INTERROGATORIES Plaintiff through undersigned counsel hereby gives notice of serving Answers to the Defendant's First Set of Interrogatories. c) .., rim o { I - TTDMITCHELLJ.D. =c. PA. BAR NO.: 205917 cO "L 106 S. Armenia Ave ( — - Tampa FL 33609 941.465.9253 kmitchell @hoglaw.corn 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13-3793 VS. ) DAVID S MARONIC ) ) DEFENDANT. ) ) PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION 1. All such statements made by the Plaintiff are already in the possession of the Defendant. Specifically,the pre-suit statement given to State Farm Insurance. 2. All such photographs are already in the possession of the Defendant. As the photographs were provided as part of the pre-suit demand package. 3. The Plaintiff executed and returned medical releases allowing the Defendant to obtain the medical records directly. Moreover,medical records were provided as part of the pre-suit demand. 4. Objection,overbroad unduly burdensome and not relevant or likely to lead to admissible evidence. 5. Objection, overbroad unduly burdensome and not relevant or likely to lead to admissible evidence. 6. Objection, overbroad unduly burdensome and not relevant or likely to lead to admissible evidence. 7. None. 1 8. Objection,overbroad unduly burdensome and not relevant or likely to lead to admissible evidence. Work product privilege. 9. Objection, overbroad unduly burdensome and not relevant or likely to lead to admissible evidence. Subject to and without waiving the objection the Plaintiff will produce tax returns to the extent they are available for 2011 and 2012. 10. Objection, overbroad unduly burdensome and not relevant or likely to lead to admissible evidence. Subject to and without waiving the objection see exhibit D. 11. See exhibit E. 12. Objection,overbroad unduly burdensome and not relevant or likely to lead to admissible evidence. 13. Objection,overbroad unduly burdensome and not relevant or likely to lead to admissible evidence. Moreover, such is not in the possession or control of the Plaintiff. 14. None. 15. Objection, attempts to impose a duty not imposed by the Pennsylvania Rules of Civil Procedure. /AA 'T D MITCHELL J.D. A. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell@hoglaw.com 2 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13-3793 VS. ) DAVID S MARONIC ) ) DEFENDANT. ) ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the following documents: A. Plaintiff's Response to Interrogatories and B. Plaintiff's Response to Request for production of documents has been served upon the following persons via U.S. Mail and email on this ut' day of a013 Kevin D. Rauch Summers,McDonald,Hudock, Guthrie & Skeel,P.C. 100 Sterling Parkway Suite 306 Mechanicsburg,PA 17050 KURT D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 krnitchell@hoglaw.com 1 I J l 1 1�J 1 1 i • :-I ? ;101; 13 PH 1: '64 C B Li`1L11 COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERALND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, NO. 13-3793 v. MOTION FOR STATUS CONFERENCE DAVID SCOTT MARONIC, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant, David Scott Maronic Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Carrie J. Taylor, Esquire Pa. I.D. # 311501 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #20084 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, v. NO. 13-3793 DAVID SCOTT MARONIC, (Jury Trial Demanded) Defendant. MOTION FOR STATUS CONFERENCE AND NOW, comes the Defendant, David Scott Maronic, by and through his attorneys, Summers, McDonnell, Hudock & Guthrie, P.C., Carrie J. Taylor, Esquire and Kevin D. Rauch, Esquire, and files the following Motion for Status Conference and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident that occurred on October 20, 2011, at the intersection of SR 114 and Woods Drive in Silver Spring Township, Cumberland County, Pennsylvania. 2. As a result of the accident, the Plaintiff filed a Complaint sounding in negligence and alleging personal injury. 3. The Plaintiff currently resides in Bradenton, Florida. 4. Defense counsel seeks to conduct discovery, including acquisition of the Plaintiff's pre-accident medical records, a deposition and possibly a Rule 4010 Examination. 5. The parties disagree about the scope of such discovery as well as the proper venue for the Plaintiff's deposition and a possible Rule 4010 Examination. 6. Specifically, Plaintiff's counsel does not believe that the Plaintiff should have to return to Cumberland County for her deposition or an independent medical examination. 7. Defense counsel requests a status conference with the Court to assist the parties resolve these existing discovery disputes. 8. Defense counsel has no objection to Plaintiff's counsel attending the conference by phone since he also resides in Florida. 9. No judge has been previously assigned to this matter. 10. Opposing counsel does not oppose this motion. WHEREFORE, Defendant, David Scott Maronic, respectfully requests this Honorable Court enter an Order scheduling a Status Conference. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.0 By: it ,7)/a/- Kevin D. Rauch, Esquire Carrie J. Taylor, Esquire Counsel for Defendant David Scott Maronic CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION FOR STATUS CONFERENCE has been mailed by electronic mail and U.S. Mail to counsel of record via first class mail, postage pre-paid, this 8th day of November, 2013. Kurt D. Mitchell, Esquire 106 S. Armenia Street Tampa, FL 33609 kmitchell@hoglaw.com (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: , Kevin D. Rauch, Esquire Carrie J. Taylor, Esquire Counsel for Defendant David Scott Maronic S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, v. NO. 13-3793 DAVID SCOTT MARONIC, (Jury Trial Demanded) Defendant. ORDER AND NOW, TO WIT, on this /9'11, day of j/)Z +& , 2013, it is hereby ORDERED that pursuant to Defendant's request, a Status Conference is hereby scheduled for i2 • '7 , 9-h3Bat 37.5- P. i'1, in 5 tubers. � / BY THE COURT: feaC, J. Distribution to: Kevin D. Rauch, Esquire & Carrie J. Taylor, Esquire; Summers, McDonnell, Hudock & Guthrie P.C., 100 Sterling Parkway; Suite 306, Mechanicsburg, PA 17050 'Kurt D. Mitchell, Esquire; 106 Armenia Street, Tampa, FL 33609 cv i 2 .t l� /t i ?// 3 j)ter-' c -�' c..) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13-3793 VS. ) DAVID S MARONIC DEFENDANT. ) PLAINTIFF'S NOTICE OF FILING CONSENT TO FILE AMENDED COMPLAINT Plaintiff through undersigned counsel hereby gives notice of filing consent to file amended complaint. kURT D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell@hoglaw.com 1 i r 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, } CASE NO.: 13-3793 VS. ) DAVID S MARONIC ) } DEFENDANT. ) } DEFENDANT'S CONSENT PURSUANT TO PA R. CIV.P. 1033 r f The Defendant pursuant to Pa R. Civ. P. 1033 hereby consents to the Plaintiff filing an amended complaint. i Carrie J.T yl sq. Pa. I.D. 311501 Summers,McDonald,Hudock,Guthrie&Skeet,P.C. 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 (717)901-5916 Attorney for Defendant i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, ) = PLAINTIFF, ) CASE NO.: 13-3793 r =; VS. ) v DAVID S MARONIC ) y , DEFENDANT. ) AMENDED COMPLAINT AND JURY DEMAND COMES NOW,the Plaintiff, Raina Chylinski, by counsel pursuant to consent by the Defendant and files her Amended Complaint against the Defendant,David S. Maronic, alleges and states: PARTIES 1. The Plaintiff, Raina Chylinski, (hereinafter referred to as the Plaintiff), at all time relevant hereto, is an adult citizen of the State of Florida and resides in Bradenton, Manatee County Florida. 2. Upon information and belief the Defendant, David S. Maronic, (hereinafter referred to as Defendant), is an adult citizen of the State of Pennsylvania, and is last known to reside at 11 I I Country Club Rd. Camp Hill PA 17011. 1 FACTS 3. On or about October 20, 2011, the Plaintiff was operating a 1995 Saturn on Hogestown Road traveling South. At said time and place the Plaintiff had the right of way. 4. At said time and place, the Defendant was operating a 1999 Jeep automobile wherein the Defendant proceeded to execute an illegal, improper and careless left hand turn from an adjoining street. At said time and place,the Defendant improperly turned onto Hogestown Road causing a collision with the Plaintiff. A. Defendant was cited by the Silver Spring Township Police Department for improper left hand turn. 5. At said time and place,Defendant's automobile pulled in front of the Plaintiff's automobile causing Plaintiff's automobile to collide with the Defendant's automobile causing the Plaintiff to sustain severe injuries including but not limited to cerebral concussion; four(4) herniated; two(2) compression fractures; radiculopathy; longitudinal ligament injury and emotional trauma. Count I Negligence 6. The Plaintiff Raina Chylinski hereby sues the Defendant David S. Maronic in negligence for severe injuries sustained as a result of the Defendant's negligent operation of an automobile. 7. Paragraphs 1-5 are realleged and incorporated herein. 8. The Defendant had a duty to operate his vehicle in a safe and careful manner obeying all traffic laws. 2 9. The Defendant breached this duty by operating his vehicle in a careless manner disobeying traffic laws by executing an illegal, improper and careless left hand turn causing the collision with the Plaintiff. 10. The Defendant's breach of the duties delineated hereinabove proximately causing or proximately contributing to the cause of the collision and Plaintiff's damages alleged herein. 11. As a result the Plaintiff suffered damages. DEMAND FOR RELIEF COUNT I 12. The Plaintiff prays for the following relief: (1) Trial by jury; (2) Judgment for Plaintiff and against Defendant for$74,000.00, (3) An award of damages which will fully and fairly compensate Plaintiff for severe &permanent personal injuries; past, present& future pain& suffering; past, present& future mental anguish; loss of enjoyment of life's activities; permanent or temporary partial/total disability; lost wages, lost or diminished earning capacity, past, present& future medical bills and expenses; property damage not in excess of$74,000.00. (4) Such other and further relief deemed just and proper in the premises. i.- K D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia St Tampa FL 33609 PH: 941.465.9253 kmitchell@hoglaw.com 3 VERIFICATION The undersigned verifies that the Civil Action Complaint is based on information furnished to counsel in the preparation of her Personal lawsuit. The language of the Civil Action Complaint is that of counsel and not of signer. Signer verifies that the information supplied to counsel is true and correct to the best of his knowledge, information and belief.This verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Rains ylinski Date: 6— '— /J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13-3793 -c}e VS. ) ` ' C"` 4 DAVID S MARONIC -`-' DEFENDANT. ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the following documents: A. Plaintiff's Amended Complaint; B. Plaintiffs Notice of Filing Consent to File Amended Compalint. yvd have been served upon the following persons via U.S. Mail and email on this day of D&'CCN'\V-&� 1-j Kevin D. Rauch Summers,McDonald,Hudock, Guthrie & Skeel,P.C. 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 KfJRT D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell @hoglaw.com i 4 RAINA CHYLINSKI, IN THE COURT OF COMMON PLEAS Oft'i -r Plaintiff CUMBERLAND COUNTY, PENNSYLVANIg-,4'"s r~i u-, v. _.- CIVIL ACTION - LAW r , DAVID S . MARONIC, Defendant 13-3793 CIVIL TERM � — IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 7th day of January, 2014, this being the time and place set for a status conference, and the parties having agreed to certain matters herein in terms of timeframes for this case, it is hereby ordered as follows : 1) The Plaintiff shall obtain her medical records from Manatee Health Clinic from 10 years prior to the motor vehicle accident date which occurred on October 20, 2011, and shall provide to the Defendant any such documents and information contained in those documents that are relevant to the following: any neck pain or neck injuries, any back pain or back injuries, any arthritis regarding any of those locations or any other information or documentation pertaining to treatment in whatever form of those injuries for 10 years prior to the date of the accident . Plaintiff may redact any portion of the medical records that do not have relevancy to what has been ordered herein (i . e . anything of a personal nature of the Plaintiff) . Plaintiff shall provide these medical records to the Defendant within 45 days of the date of this order; 2 ) The deposition of the Plaintiff shall occur in Florida, such deposition to be scheduled around the same time as the depositions occur for the Plaintiff ' s treating physicians; 3) All of the depositions referenced in No. 2 herein shall not be scheduled less than 30 days after the Defendant receives the medical records that have been ordered to be turned over as provided for in paragraph No. 1 herein, and after Defendant receives any physical therapy records of the Plaintiff; 4 ) The remaining issue of whether the independent medical examination of the Plaintiff shall occur in Florida or Cumberland County is hereby deferred pending Defendant ' s decision of whether an independent medical examination is necessary or not . Should the Defendant indicate that an independent medical examination is necessary, then the Defendant may file to have this Court reconsider the issue of where the independent medical examination shall occur. By the Court, Christy ee L. Peck, J. Carrie J. Taylor, Esquire For the Plaintiff Kurt D. Mitchell J. D. , Esquire (telephonically) For the Defendant pcb eorCes 1171.4v4 LL ///D/AV JA ftyf 2 PE"S YL L olj' Ty y�4,A NIA` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, NO. 13-3793 V. ANSWER AND NEW MATTER TO DAVID SCOTT MARONIC, PLAINTIFF'S AMENDED COMPLAINT Defendant. (Jury Trial Demanded) TO: Plaintiffs Filed on Behalf of the Defendant You are hereby notified to file a written Counsel of Record for This Party: Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment Kevin D. Rauch, Esquire May be entered against you. Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 ummers, Mc nel , Hudock, & Guthrie, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #20084 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, V. NO. 13-3793 DAVID SCOTT MARONIC, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Defendant, by and through his counsel, Summers, McDonnell, Hudock, & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that the Plaintiff was operating a 1995 Saturn on Hogestown Road on October 20, 2011. The remainder of the allegations are denied pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 4. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his motor vehicle on the date, time and place of the subject accident. The remainder of the allegations are denied pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Paragraph 5 state legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I — NEGLIGENCE 6. Paragraph 6 state legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. In response to paragraph 7, the Defendant reiterates and repeats all his responses in paragraphs 1 through 6 as if fully set forth at length herein. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 and its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, David Maronic, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 13. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 14. Some and/or all of Plaintiff's claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 15. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 16. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, David Maronic, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. By: Kevin D. Rauch, squir Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: David Scott Maronic #19494 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and New Matter to Plaintiff's Amended Complaint has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 23rd day of January, 2014. Kurt D. Mitchell, Esquire 106 S. Armenia Street Tampa, FL 33609 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, PLAINTIFF, VS. DAVID S MARONIC DEFENDANT. CASE NO.: 13 -3793 N rt ) PLAINTIFF'S NOTICE OF VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE that Plaintiff Raina Chylinski by and through undersigned counsel pursuant to Pa.R.C.P. 4007.1 and Pa. R.C.P. 4017.1 will take the deposition of: DR. HAROLD LAWLER at 3034 UNIVERSITY PKWY. SARASOTA FLORIDA 10 A.M. ON MAY 1ST 2014. The deposition will be taken before a court reporter and recorded by stenographic means. The deposition will also be videotaped by Lindsay Roberts 106 S. Armenia Ave. Tampa FL. 33609 employed by KDM Law Firm PLLC. KURT D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell @hoglaw. corn 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13 -3793 VS. ) DAVID S MARONIC ) ) DEFENDANT. ) ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the following document: A. Plaintiff's Notice of Videotaped Deposition. has been served upon the following persons via U.S. Mail and email on this 121 4day of M�mi, a)ty Kevin D. Rauch Summers, McDonald, Hudock, Guthrie & Skeel, 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 K ' T D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell@hoglaw.com 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13 -3793 VS. ) DAVID S MARONIC ) ) DEFENDANT. ) ) PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER TO AMENDED COMPLAINT The Plaintiff Raina Chylinski by and through undersigned counsel hereby files this response to the Defendant's new matter to amended complaint and states: 13. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 14. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 15. Denied. The Plaintiff requires strict proof thereof. Further, the allegations of this paragraph are legal conclusions and no additional response is required. 16. Denied. The Plaintiff requires strict proof thereof Further, the allegations of this paragraph are legal conclusions and no additional response is required. Wherefore, Plaintiff demands Judgment against the Defendant including interest and costs. T D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell@hoglaw.com 1 C) VERIFICATION I, Kurt D. Mitchell as the attorney of record for the Plaintiff verify that the averments made in the foregoing Reply to New Matter are true and correct. This verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities and is made on behalf of my clients. X Date: q- - do l Kurt D. Mitchell IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13 -3793 VS. ) DAVID S MARONIC ) ) DEFENDANT. ) ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the following documents: A. Plaintiff s Response to New Matter to Amended Complaint has been served upon the following persons via U.S. Mail and email on this day of ku:s2 3011 Kevin D. Rauch Summers, McDonald, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 KU T D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell@hoglaw.com 1 - F 1`-' FF011-06 .)11_ I SL;14 20 II; -t.IMBERL ARO COUNTh' FEtiliSYLVMAIA IN THE COURT OF COMMON PLEAS OF CUMBERALND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, NO. 13-3793 V. MOTION FOR PROTECTIVE ORDER DAVID SCOTT MARONIC, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant, David Scott Maronic Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 i• SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 #20084 4 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, v. NO. 13-3793 DAVID SCOTT MARONIC, (Jury Trial Demanded) Defendant. MOTION FOR PROTECTIVE ORDER. AND NOW, comes the Defendant, David Scott Maronic, by and through his attorneys, Summers, McDonnell, Hudock & Guthrie, P.C., Kevin D. Rauch, Esquire, and files the following Motion for Protective Order and Motion to Compel Independent Medical Examination and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident that occurred on October 20, 2011, at the intersection of SR 114 and Woods Drive in Silver Spring Township, Cumberland County, Pennsylvania. 2. As a result of the accident, the Plaintiff filed a Complaint sounding in negligence and alleging personal injury. 3. The Plaintiff currently resides in Bradenton, Florida. 4. On January 7, 2014, a Status Conference was held before the Honorable Christylee L. Peck, to discuss the proper venue of the Plaintiff's deposition, the deposition of her treating physicians, and a possible Rule 4010 Examination. 5. At the Status Conference, Judge Peck entered an Order requiring the deposition of Plaintiff to be held in Florida "around the same time" as the depositions of the Plaintiffs' treating physicians. (A true and correct copy of Judge Peck's Order is attached hereto as "Exhibit A"). 6. In March 2014, the parties agreed that the deposition of Plaintiff and the Plaintiff's treating physician, Harold Lawler, MD, would take place on May 1, 2014 in Florida. 7. At that time, Defense counsel believed that Dr. Lawler would be the only treating physician to testify since it was the only deposition noticed to occur at the same time as the Plaintiff's deposition. 8. A few weeks before the depositions were to take place, Plaintiff's counsel informed defense counsel that he also planned to take the depositions of other treating physicians in Florida in September. 9. Defense counsel asked Plaintiff's counsel if he wanted to reschedule the deposition of the Plaintiff and Dr. Lawler so that the depositions of all the treating physicians would take place at the same time as the Plaintiff's deposition, pursuant to Judge Peck's Order. (See Exhibit A). 10. Plaintiff's counsel disagreed that he had to schedule the depositions of all the treating physicians at the same time as the Plaintiff's deposition and wanted to proceed with only the deposition of Dr. Lawler and the Plaintiff on May 1, 2014. 11. On April 29, 2014, Defense counsel traveled to Florida for these depositions. He incurred in excess of $1,000 in travel expenses, which were reimbursed. 12. On May 6, 2014, Plaintiff's counsel requested dates from Defense counsel so he could schedule the depositions of the Plaintiff's remaining treating physicians, as well as possible expert depositions, in September. 13. The Defendant now seeks a Protective Order requiring the Plaintiff to reimburse Defense counsel for the additional travel expenses he will incur for traveling to Florida again for depositions. 14. It is an unreasonable burden and expense for Defense counsel to travel to Florida again to take depositions that could have been scheduled to occur all during one trip. 15. Moreover, pursuant to Judge Peck's Order, all of the depositions of the Plaintiff's treating physicians were to occur at the same time as the Plaintiff's deposition. (See Exhibit A). 16. The Defendant should not have to bear the cost of multiple trips to Florida for depositions that should have occurred at the same time. 17. Accordingly, if Plaintiff's counsel insists on proceeding with multiple depositions in Florida in September, he should be required to pay for Defense counsel to attend. 18. Oral argument on this issue is requested. 19. Opposing counsel does not concur with the relief sought in this motion. WHEREFORE, Defendant, David Scott Maronic, respectfully requests that this Honorable Court enter an Order requiring the Plaintiff to reimburse Defense counsel for travel expenses he will incur for additional depositions of treating physicians in Florida. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.0 Al BY: e7 1. auch, Esquire ounsel for Defendant David Scott Maronic RAINA CHYLINSKI, : IN THE COURT OF COMMON PLEAS O-ilcu Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI7 cyj •;7.' ,› V. • CIVIL ACTION - LAW _• DAVID S . MARONIC, Defendant : 13-3793 CIVIL TERM cE IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 7th day of January, 2014 , this being the time and place set for a status conference, and the parties having agreed to certain matters herein in terms of timeframes for this case, it is hereby ordered as follows : 1) The Plaintiff shall obtain her medical records from Manatee Health Clinic from 10 years prior to the motor vehicle accident date which occurred on October 20, 2011, and shall provide to the Defendant any such documents and information contained in those documents that are relevant to the following: any neck pain or neck injuries, any back pain or back injuries, any arthritis regarding any of, those locations or any other information or documentation pertaining to treatment in whatever form of those injuries for 10 years prior to the date of the accident . Plaintiff may redact any portion of the medical records that do not have relevancy to what has been ordered herein (i . e . anything of a personal nature of the Plaintiff) . Plaintiff shall provide these medical records to the Defendant within 45 days of the date of this order; 2 ) The deposition of the Plaintiff shall occur in Florida, such deposition to be scheduled around the same time as the depositions occur for the Plaintiff' s treating physicians; 3) All of the depositions referenced in No . 2 herein shall not be scheduled less than 30 days after the Defendant receives the medical records that have been ordered to be turned IIEFENITANT'S X IB f.\\ over as provided for in paragraph No . 1 herein, and after Defendant receives any physical therapy records of the Plaintiff; 4 ) The remaining issue of whether the independent medical examination of the Plaintiff shall occur in Florida or Cumberland County is hereby deferred pending Defendant ' s decision of whether an independent medical examination is necessary or not . Should the Defendant indicate that an independent medical examination is necessary, then the Defendant may file to have this Court reconsider the issue of where the independent medical examination shall occur. By the Court, Christyee L. Peck, J. Carrie J. Taylor, Esquire For the Plaintiff Kurt D. Mitchell J. D. , Esquire (telephonically) For the Defendant pcb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :~ RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, v. NO. 13-3793 DAVID SCOTT MARONIC, (Jury Trial Demanded) Defendant. ORDER REGARDING.MOTION FOR PROTECTIVE.ORDER AND NOW, TO WIT, on this day of , 2014, it is hereby ORDERED that the Defendant's Motion for Protective Order is GRANTED. The Plaintiff is required to reimburse Defense counsel for travel expenses he will incur for additional depositions of treating physicians in Florida. BY THE COURT: J. Distribution to: Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock & Guthrie P.C., 945 East Park Drive, Ste. 201, Harrisburg, PA 17111 Kurt D. Mitchell, Esquire; 106 Armenia Street, Tampa, FL 33609 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION FOR PROTECTIVE ORDER has been mailed by electronic mail and U.S. Mail to counsel of record via first class mail, postage pre-paid, this 17th day of June, 2014. Kurt D. Mitchell, Esquire 106 S. Armenia Street Tampa, FL 33609 kmitchell@hoglaw.com (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Kevin a Rauch, Esquire Counsel for Defendant David Scott Maronic • r aL: Pr2,0"MONO T.A;, . ?UR A120 AH11 : 22 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERALND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, NO. 13-3793 V. MOTION FOR STATUS CONFERENCE DAVID SCOTT MARONIC, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant, David Scott Maronic Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 #20084 6. Defense counsel and Plaintiff counsel have filed a Motion for Protective Order, separately, which are currently pending before the Court. 7. Counsel respectfully requests that the Judge assigned to the Motion for Protective Order be the same Judge to conduct the Status Conference. 8. Opposing counsel does not oppose this motion. WHEREFORE, Defendant, David Scott Maronic, respectfully requests this Honorable Court enter an Order scheduling a Status Conference. Respectfully submitted, SUMMERS, McDONNELL UDOCK & GUTHRIE P 1104 0 By: ch, Esquire C,tunsel for Defendant David Scott Maronic IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, v. NO. 13-3793 DAVID SCOTT MARONIC, (Jury Trial Demanded) Defendant. ORDER AND NOW, TO WIT, on this day of , 2014, it is hereby ORDERED that pursuant to Defendant's request, a Status Conference is hereby scheduled for , 2014 at in Judges Chambers. BY THE COURT: J. Distribution to: Kevin D. Rauch, Esquire, Esquire; Summers, McDonnell, Hudock & Guthrie P.C., 100 Sterling Parkway; Suite 306, Mechanicsburg, PA 17050 Kurt D. Mitchell, Esquire; 106 Armenia Street, Tampa, FL 33609 el , CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION FOR STATUS CONFERENCE has been mailed by electronic mail and U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19th day of June, 2014. Kurt D. Mitchell, Esquire 106 S. Armenia Street Tampa, FL 33609 kmitchell@hoglaw.com (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHRIE P 414 By: - ,evini). Rauch, Esquire i arrie J. Taylor, Esquire ounsel for Defendant David Scott Maronic 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, PLAINTIFF, CASE NO.: 13-3793 VS. ) c DAVID S MARONIC ) -o 3 -, 1{ter- )r N -cf.) < > J DEFENDANT. ) r © ,I 3„.c L-- PLAINTIFF'S MOTION TO TA 1 COSTS PURSUANT TO RULE' 4008 FILED ON BEHALF OF PLAINTIFF RAINA CHYLINSKI COUNSEL OF RECORD FOR *THIS PARTY: KURT D. MITCHELL J.D. PA LICENSE NO.: 205917 106 S. ARMENIA AVE TAMPA FL 339609 941.465.9253 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, PLAINTIFF, VS. DAVID S MARONIC DEFENDANT. ) ) ) ) ) ) CASE NO.: 13-3793 ) PLAINTIFF' S MOTION FOR COSTS PURSUANT TO RULE 4008 1. Defendant degpite adfrlitting he cITOVerii Vii e in a negligent manner has filed a motion for a protective order seeking costs associated with taking the Plaintiff's treating phySiCiati depO.SitiOr18.ii Flofida. 2. However, if any party should be entitled to fees and costs associated -with the depositions in Florida it should be the Plaintiff. 3. Pennsylvania Rule of Civil Procedure 4008 gives the court discretion to alter th,e traditional American rule and award expenses and attorney fees to a party if a deposition is to occur more than 100 miles from the courthouse where the action is filed. 4. In this matter justice favors awarding the Plaintiff her fees and costs associated with the depositions for the following reasons: A. The Defendant has admitted he operated his vehicle in a negligent manner.1 B. The Plaintiff has significant economic damages which include approximaLely $23,000.00 in unpaid medical bills and lost wages. C. The Plaintiff was forced to leave her job because of the injuries sustained in the accident because she could no longer take the physical demands of her employment. D. Finally, the insurance company having an insured that admittedly drove his vehicle in a negligent manner has filed a motion for protective order seeking costs for Florida depositions. It is the Plaintiff's position that this motion is motivated by bad faith and the desire to punish the Plaintiff, As the motion likely will cost as much in attorney fees as the Defendant could hope to recover in costs. Wherefore the Plaintiff prays for an order awarding costs and fees associated with memorializing the Plaintiff's treating testimony in Florida, T D ITCHELL J.D. BAR NO.: 205917 6 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell@hoglaw.com 1 See 14 of Defendant's Answer and New matter to Amended Complaint 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV RAINA CHYLINSKI, PLAINTIFF, VS. DAVID S MARONIC DEFENDANT. ) ) CASE NO.: 13-3793 ) ) ) ) ) PLAINTIFF'S NOTICE OF DEPOSITION PLEASE TAKE NOTICE that Plaintiff Raina Chylinski by and through undersigned counsel pursuant to Pa.R.C.P. 4007.1 and Pa. R.C.P. 4017.1 will take the deposition of: DEFENDANT DAVID S. MARONIC at PREMIER REPORTING 8 S. HANOVER ST. CARLISLE PA 17013 (&, 10:30 AM. ON JULY 21ST 2014. The deposition will be taken .before a court reporter and recorded by stenographic means. T D MITCHELL J.D. PA. BAR NO.:2'0'5917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell@hoglaw.corn 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, PLAINTIFF, VS. DAVID S MARONIC DEFENDANT. ) ) CASE NO.: 13-3793 ) ) ) ) ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the following documents: A. Plaintiff's Motion to Tax Costs Pursuant to Rule 4008 B. Plaintiff's Notice of Deposition for Defendant David S. Maronfc Have been served upon the following persons via U.S. Mail and email on this Kevin D. Rauch Summers, McDonald, Hudock, Guthrie & Skeel, P.C. 40*Ste1iittg-Parivar 9.4 s EAS4 Salo 1)31 .setre=set-- 144U6s13ortPR 17 II I "KURT D MITCHELL ID. PA. BAR NO.: 205917 106 S. Armenia Ave 'Tampa FL 33609. 941.465.9253 lcmitchell@hoglaw.com 1 it- of day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, v. NO. 13-3793 DAVID SCOTT MARONIC, Defendant. (Jury Trial Demanded) ORDER AND NOW, TO WIT, on this --.217t day of , 2014, it is hereby ORDERED that pursuant to Defendant's request, a Status Conference is hereby scheduled for c,672014 at 3v,0 pq1 7)8 - S; &411-Cbold Distribution to: BY THE COURT: Celt", deli( (/Kevin D. Rauch, Esquire, Esquire; Summers, McDonnell, Hudock & Guthrie P.C., 100 Sterling Parkway; Suite 306, Mechanicsburg, PA 17050 Kurt D. Mitchell, Esquire; 106 Armenia Street, Tampa, FL 33609 CcTt'es t 11L a.7 / .=1111 rnrriw C!) RAINA CHYL SK , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW DAVID SCOTT MARONIC, Defendant NO. 13-3793 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 26th day of June, 2014, upon consideration of Defendant's Motion for Protective Order, a hearing is scheduled for Monday, August 25, 2014, at 3:00 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 7 xf6& Chrity1ee L. Peck, J. D. Mitchell, Esq. 106 Armenia Street Tampa, FL 33609 Attorney for Plaintiff vin D. Rauch, Esq. 945 East Park Drive Suite 201 Harrisburg, PA 17111 Attorney for Defendant :rc 0..4P' $ triz_ctiL RAINA CHYLINSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW DAVID SCOTT MARONIC, Defendant : NO. 13-3793 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR COSTS PURSUANT TO RULE 4008 ORDER OF COURT AND NOW, this 3rd day of July, 2014, upon consideration of Plaintiff's Motion for Costs Pursuant to Rule 4008, this matter is scheduled for Defendant's Motion for Protective Order, a hearing is scheduled for Monday, August 25, 2014, at 3:00 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania, to be heard at the same time as the Motion for Protective Order. BY THE COURT, i� Z/6// Christylee L. Peck, J. Kurt D. Mitchell, Esq. 106 Armenia Street Tampa, FL 33609 Attorney for Plaintiff Kevin D. Rauch, Esq. 945 East Park Drive Suite 201 Harrisburg, PA 17111 Attorney for Defendant :rc Copt'es /'21.1d, ?IOC/ ;. <. (1.' • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, VS. ) PLAINTIFF, ) CASE NO.: 13-3793 ) ) ) ) ) PLAINTIFF'S NOTICE OF VIDEOTAPED DEPOSITION PLEASE TAKE NOTICE that Plaintiff Raina Chylinski by and through undersigned counsel pursuant to Pa.R.C.P. 4007.1 and Pa. R.C.P. 4017.1 will take the deposition of: DR. RICK TAMBE and DR. YUSEF BARNES at 670314TH ST WEST BRADENTON FLORIDA (u712:30 P.M. ON SEPTEMBER 23RD 2014. The deposition will be taken before court reporter and recorded by stenographic means. The deposition will also be videotaped by Kurt D. Mitchell 106 S. Armenia Ave. Tampa FL. 33609 employed by KDM Law Firm PLLC. DAVID S MARONIC DEFENDANT. T D MITCHELL J.D. A. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell@hoglaw.com 1 .23 CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13-3793 VS. ) DAVID S MARONIC ) ) DEFENDANT. ) ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the following documents: A. Plaintiff's Notice of Deposition for Dr. Rick Tambe and Dr. Yusef Barnes Have been served upon the following persons via U.S. Mail and email on this Kevin D. Rauch Summers, McDonald, Hudock, Guthrie & Skeel, P.C. 945 East Park Drive, Suite 201 Harrisburg, PA 17111 D MITCHELL I.D. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitthell@h iglaw:com i .40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, PLAINTIFF, VS. DAVID S MARONIC DEFENDANT. CASE NO.: 13-3793 --15 re) rn ) crir- -- cl ED —acs 7 C"r PLAINTIFF'S AMENDED NOTICE OF DEPOSITION PLEASE TAKE NOTICE that Plaintiff Raina Chylinski by and through undersigned counsel pursuant to Pa.R.C.P. 4007.1 and Pa. R.C.P. 4017.1 will take the deposition of: DEFENDANT DAVID S. MARONIC at PREMIER REPORTING 8 S. HANOVER ST. CARLISLE PA 17013 (a,1 P.M. ON AUGUST 25TH 2014. The deposition will be taken before a court reporter and recorded by stenographic means. T D MITCHELL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 kmitchell@hoglaw.com 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, ) PLAINTIFF, ) CASE NO.: 13-3793 VS. ) DAVID S MARONIC ) ) DEFENDANT. ) ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the following documents: A. Plaintiff's Notice of Deposition for Defendant David S. Maronic Have been served upon the following persons via , .� email on thisr day of avd- �I Kevin D. Rauch Summers, McDonald, Hudock, Guthrie & Skeel, P.C. 945 East Park Drive, Suite 201 Harrisburg, PA 17111 T D MITC ILL J.D. PA. BAR NO.: 205917 106 S. Armenia Ave Tampa FL 33609 941.465.9253 krnitchell@hoglaw.com 1 RAINA CHYLINSKI, Plaintiff v. DAVID SCOTT MARONIC, Defendant • • • • • • • • • • IN THE COURT OF COMMON PLEAS OFc•) CUMBERLAND COUNTY, PENNSYLVANIA -a03 CIVIL ACTION - LAW ccnr- CIVIL TERM r- 13-3793 CD IlEcp IN RE: DEFENDANT'S MOTION FOR PROTECTIVE ORI&-/ DEFENDANT'S MOTION FOR STATUS CONFERENCE d `s ORDER OF COURT AND NOW, this 25th day of August, 2014, this being the time and place set for argument on the Defendant's Motion for Protective Order and on the Defendant's Motion for Status Conference, pursuant to an agreement between the parties regarding the status conference and certain deadlines, it is ordered as follows: 1) The trial in this matter shall take place on June 15, 2015. The parties expect that the trial will last no longer than a day and a half. All discovery shall be closed on or before March 1, 2015, to include all expert reports. 2) It is hereby ordered that any remaining depositions or discovery that needs to occur in the State of Florida shall occur in September 2014, and that this shall be the final trip that Mr. Rauch needs to take to Florida to finish the discovery in this matter. This Order is given pursuant to an agreement between the parties that the scheduled trip to Florida in September shall be the last one that Mr. Rauch needs to take. 3) Regarding the Defendant's Motion for Protective Order, the Defendant's Motion for Protective Order is hereby granted. In the event that the Plaintiff prevails in this matter, any award given to the Plaintiff shall be reduced by the amount of $500 to compensate Mr. Rauch for his expenses in traveling to the State of Florida a second time in contravention to this Court's Order dated January 7, 2014, paragraph 2. By the Court, Chris, ylee L. Peck, J. ...,/Kurt D. Mitchell, Esquire For the Plaintiff vin D. Rauch, Esquire For the Defendant pcb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAINA CHYLINSKI, CIVIL DIVISION Plaintiff, v. NO. 13-3793 DAVID SCOTT MARONIC, (Jury Trial Demanded) Defendant. PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY Please mark the above -referenced case settled and discontinued, with prejudice. Respectfully submitted, By: K rr t D. Mitchell, Esquire Counsel for Plaintiff