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HomeMy WebLinkAbout13-4478 Supreme Co. ennsylvania Coy C,om Pleas et T�kz tea CUMBE ) +' County - N-z- f ; The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ❑ Complaint 12 Writ of Summons ❑ Petition ❑ Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: Kaila E. Nolen I State Farm Insurance ❑ Check here if you are a Self Represented (Pro Se) Litigant Name of Plaintiff/Appellant's Attorney: Marcus A. McKnight, III Are money damages requested? : ®Yes ❑ No Dollar Amount Requested: within arbitration limits (Check one) outside arbitration limits is this a Class Action Suit? ❑ Yes $7 No r,r .. ,,f' �._yF *''rf.�r..: `�•=1.1`W4�;�'^ ''+ :4 7�'��� ? °r' � � j 3 �, .� - � � s$ �I�s�' "':- v,.y�:i� ' �l,,�t5'} if1. .J: i',y a t 1 •P ' •• ` � i ���' w r t [. t; C� ' ._`EW�.s " �F G :.: `;:�! sC�a ' . rj6y r •. u "'"� X�Y'I�' .vca•r' .i:t yY;!N.S�5 ss'�` � _ .r�l'�'. Pr�h,�, r:�NS�r ":.. . ^�.� . y w,, ; ,r,> a, a ll , ;,)nF? :ka r.;1`= . �,r.aa. : 7 '� - - •F - _ .;�'+` � � n : ; ..fv �Z . ' 1. K � „ e: 1 :� w • �`> • . t�? ;s.,v •s: _ y_ ..aa.+ �"� . �'t,.Yt)'.r, t F'••��.., &'. ' `,' ; . W(1�'r,�:: . {1!ai, 4, f• . I�r�; zn ^: Z � 4 . . t Y i3'� X1,,' �, �, a,:yza� r.�G- �`n F "' �'. S is "_ . + p; X14 :°;. +::�I:c'Y'u'`.�w'a``:3:LxlY -. :.V:.naii:. i,l��i -+ ,,._ 1 .e• _�.!«: v." .n�Ytt:m -ys. -,..�. :z4oa a �8t?.,E., a :s. :S,�R'�: °x. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL. APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) Employment Dispute: ❑ Discrimination Slander/Libel/ Defamation ❑ El Other: Employment Dispute: Other Judicial Appeals ❑ MDJ - Landlord/Tenant ❑ Other: ❑ MDJ - Money Judgment MASS TORT ❑ Other: ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REA PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: Other: ❑ Other Professional: l %k'LC v P&R.C.P. 205.5 212010 KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS OF KAILA E. NOLEN, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 2013- e�! f 70 CIVIL TERM r" C— STATE FARM INSURANCE CIVIL ACTION — LAW COMPANY Y Defendant <Uj _ PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS " o r _ > TO CURTIS R. LONG, PROTHONOTARY: C Please issue a Writ of Summons against the defendant, STATE FARM INSURANCE COMPANY, and enter my appearance on behalf of the plaintiff, KAILA E. GEIDEL now by marriage KAILA E. NOLEN. Please direct the Sheriff to serve the defendant as follows: State Farm Insurance One State Farm Plaza Bloomington, IL 61710 � Respectfully submitted, 1 f� Z• < c� 5; " IRWIN & W C� 49w 1 By: Marc s A. re 60 Wes omfret Street, Carlisle, PA 17013 (717) 249 -23 u reme Court I. P. No: 25476 July 30, 2013 To: STATE FARM You are hereby notified that KAILA E. GEIDEL, now by marriage KAILA E. NOLEN, plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. PROTHONOTARY B _ DEPU Date: 3� , 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,I Jody S Smith &;t1ter j—,I C-- F- Chief Deputy 7E32 C7' Richard W Stewart Solicitor C-1 Kaila E. Geidel now by marriage Kaila E. Nolen Case Number vs. State Farm Insurance 2013-4478 SHERIFF'S RETURN OF SERVICE 08/06/2013 Ronny R Anderson, Sheriff,who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, State Farm Insurance, in the following manner: On July 31,2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of One State Farm Plaza, Bloomington, IL 61710. The certified mail return receipt card was received by the Cumberland County Sheriff's Office unsigned but was Agent was check marked and card was stamped August 6, 2013. SHERIFF COST: $34.57 SO ANSWERS, /17 August 13, 2013 RoNr4Y R ANDERSON, SHERIFF ---------- - SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION• DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery Is desired. Agent ■ Print your name and address on the reverse x 0 Addressee so that we can return the card to you. B. Received nted Name) C. Date of Delivery ■ Attach this card to the back of the mallplece, or on the front If space permits. D.-ts delivery address,diflerent from Item 1? 13 Yes I. Article Addressed to: If YES,enter delivery address below: 13 No State Farm Insurance One State Farm Plaza Bl000mingtoni IL 61710 3. Service TYpe E3 Corded Mail 0 Express Malt ❑Registered 13 RoWm Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4 Restricted Delivery?(Ex Fee) ❑Yes 2. Article Number -7007"V10' 000'3 ;2216 35 73' {Transfer from service label} --- Ps Form 3811,February 2004 Domestic Return Receipt 102595-0240,1540" GARY A. DRAKAS, ESQUIRE tr dC LED-OFF ICE Attorney ID No. 73440 r'4 -,,OWTH01 A VState Farm FORRY ULLMAN 2013 SEP -9 Ph 2• 03 One Bethlehem Plaza Broad and New Streets CUMBERLAND COUNTY Suite 400 PENNSYLVANIA Bethlehem, PA 18018 610.332.3400 / FAX 610.332.3401 KAILA E. GEIDEL, now by marriage IN -THE COURT OF COMMON PLEAS KAILA E. NOLEN, OF CUMBERLAND COUNTY, PA VS. CIVIL ACTION - LAW No. 2013-4478 STATE FARM INSURANCE COMPANY, Defendant Jury Trial Demanded PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant, State Farm Mutual Automobile Insurance Company, in the above-captioned matter, and designate One Bethlehem Plaza, Broad and New Streets, . Suite 400, Bethlehem, PA 18018, as the place where papers and notices may be served. aA. MA4ESQ Dated: 09/05/13 RAK Attorney ID #73440 Attorney for Defendant, State Farm GARY A. DRAKAS, ESQUIRE Attorneys for Defendant State Farm Attorney ID No. 73440 FORAY ULLMAN One Bethlehem Plaza Broad and New Streets Suite 400 Bethlehem, PA 180;18 610.332.3400 / FAX 610.332.3401 KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW VS. No. 2013-447$ STATE FARM INSURANCE COMPANY, : Defendant Jury Trial Demanded CERTIFICATE OF SERVICE I, Gary A. Drakas, Esquire, do hereby certify that on this 6th day of September, 2013, I served a true and correct copy of the foregoing ;Defendant State Farm Insurance Company' s 'Entry of Appearance to ;be served upon the following persons' by placing same in� the United States first class mail, postage prepaid and addressed as follows: Marcus A. Knight, III, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 117013 i FOR LMAN Dated: 09/06/13 GAR Attar • ID #73440 i Attorney for Defendant, State Farm i GARY A. DRAXAS, ESQUIRE r� LED-OF ICE Attorney orney ID No. 73440 3s t� �' 01WOWTA Yt State Farm FORRY ULLMAN X13$EP -9 PH 2, 43 One Bethlehem Plaza �+ Broad and New Streets CUMBERLAND COUNTY Suite 400 PENNSYLVANIA Bethlehem, PA 18018 610.332.3400 / FAX 610.332.3401 KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, OF CUMBERLAND COUNTY, PA vs. CIVIL ACTION - LAW STATE FARM INSURANCE COMPANY, No. 2013-4478 Defendant Jury Trial Demanded 9 PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter a Rule on Plaintiff to file a Complaint within twenty (20) days from service of said Rule or suffer a judgment of non pros . FORRY ULLMAN Dated: 09/05/13 By: GARY A RAKAS, ESQU E Attorney for Defendant R U L E AND NOW, this day of 2013 , a Rule is entered on the Plaintiff to file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of non- pros . Prothonotary GARY A. DRAKAS, ESQUIRE Attorneys for Defendant State Farm Attorney ID No. 73440 FORRY ULLMAN One Bethlehem Plaza Broad and New Streets Suite 400 Bethlehem, PA 18018 . 610.332.3400 / FAX 610.332.3401 KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PIJEASv Lti KAILA E. NOLEN, OF CUMBERLAND COUNTY, PA= ' CIVIL ACTION - LAW "03 `_0 __-7.: r n _. VS. ' = �- No. 2013-4478 STATE FARM INSURANCE COMPANY, Defendant Jury Trial Demanded � E co . . CERTIFICATION OF SERVICE y I, GARY A. DRAKAS, ESQUIRE, the undersigned, hereby certify that' on September 10, 2013, true and correct time-stamped copies of my Entry of Appearance and endorsed Rule to File Complaint, on behalf of State Farm Mutual Automobile Insurance Company, were served upon the Plaintiff, by mailing the same to Plaintiff' s counsel of record, by United States First Class Mail, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire Attorney for Plaintiff Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities . F UL Dated: 09/10/13 Y D S, ESQUIRE Attorn for Defendant GARY A. DRAKAS, ESQUIRE �FILEEn n-70 �{*#j�� �� for Defendant State Farm Attorney ID No. 73440 OF � HE P RO i�Vi��{, t FORRY ULLMAN 2913 SEP —7 PM 2• U 3 One Bethlehem Plaza 4 Broad and New Streets PUMBERLANO COUNTY Suite 400 t PENNSYLVANIA Bethlehem, PA 18018 610.332.3400 / FAX 610.332.3401 KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs. No. 2013-4478 STATE FARM INSURANCE COMPANY, Defendant Jury Trial Demanded PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant, State Farm Mutual Automobile Insurance Company, in the above-captioned matter, and designate One Bethlehem Plaza, Broad and New Streets, Suite 400, Bethlehem, PA 18018 , as the place where papers and notices may be served. FO ULLMAN Dated: 09/05/13 AXbRAKAS, ESQ Attorney ID #73440 Attorney for Defendant, State Farm GARY A.ADtRorney EDQNORE73440 �FtT } SCS PgJL6dant State Farm FORRY ULLMAN 2913 SEp 9 1 t;l One Bethlehem Plaza 2: 03 Broad and New Streets CUMBERL,41 40 r+ UNT Suite 400 r[.NNSYtit l`Xt'a0 1 . Bethlehem, PA 18018 Y +i O � 610.332.3400 / FAX 610.332.3401 KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs . No. 2013-4478 STATE FARM INSURANCE COMPANY, Defendant Jury Trial Demanded PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter a Rule on Plaintiff to file a Complaint within twenty (20) days from service of said Rule or suffer a judgment of non pros . f FORRY ULLMAN Dated: 09/05/13 By: GARY A RAKAS, ESQR_YtRE Attorney for Defendant R U L E AND NOW, this day of , 2013 , a Rule is entered on the Plaintiff to file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of non- pros . Prothonotary TRUE COPY FRO%M PECIORD In Testimony whereof; I here unto set imy hfrid and the s I of said Cou Car isle, Pa. 'This�day of!:W� 20 L. - e3'L Pr t onotarY a FF j i 0 E Ui: i� CrL 1 GARY A. DRAKAS, ESQUIRE i t ( G a ndant State Farm Attorney ID No. 73440 FORRY ULLMAN ����� � � �' One Bethlehem Plaza EHHSYLU �A r�V! Broad and New Streets Suite 400 U E LANOU Bethlehem, PA 18018 610.332.3400 / FAX 610.332.3401 KAILA E. GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, OF CUMBERLAND COUNTY, PA • . CIVIL ACTION - LAW vs . .• • . No. 2013-4478 STATE FARM INSURANCE COMPANY, . Defendant Jury Trial Demanded CERTIFICATION OF SERVICE I, GARY A. DRAKAS, ESQUIRE, the undersigned, hereby certify that on October 8, 2013, a Notice of Intent to File a Praecipe to Enter Judgment of Non Pros, on behalf of Defendant State Farm Mutual Automobile Insurance Company, a copy of which is attached hereto, was served upon the Plaintiff, by mailing the same to counsel of record for the Plaintiff, by United States First Class Mail, postage prepaid, addressed as follows : Marcus A. McKnight, III, Esquire Attorney for Plaintiff Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. FORRY/UL Dated: October 8, 2013 By: 1 % ' GARY A. - DRAKAS, ESQUIRE Attorney for State Farm GARY A. DRAKAS, ESQUIRE Attorneys for Defendant State Farm Attorney ID No. 73440 FORRY ULLMAN One Bethlehem Plaza Broad and New Streets Suite 400 Bethlehem, PA 18018 610.332.3400 / FAX 610.332.3401 KAILA E. GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, OF CUMBERLAND COUNTY, PA • CIVIL ACTION - LAW vs . • No. 2013-4478 STATE FARM INSURANCE COMPANY, •• Defendant • Jury Trial Demanded DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY' S NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT OF NON PROS TO: Marcus A. McKnight, III, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff, Kaila E. Geidel, now by marriage Kaila E. Nolen DATE OF NOTICE: October 8, 2013 I M P O R T A N T N O T I C E YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN OBTAIN LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE (800) 990-9108 (717) 249-3166 Respectfully submitted, FO:'` UL - �� .te" Dated: October 8, 2013 By: �' rej GARY A. DRAKAS, ESQUIRE Attorney for State Farm KAILA E. GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS OF KAILA E.NOLEN, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO.2013-4478 CIVIL TERM STATE FARM INSURANCE COMPANY, : CIVIL ACTION-LAW Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 1-800-990-9108 - - =-u - rFs - rT 1 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland 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. rnc� �t c , Fah 2 KAILA E. GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS OF KAILA E.NOLEN, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO.2013-4478 CIVIL TERM STATE FARM INSURANCE COMPANY, : CIVIL ACTION-LAW Defendant COMPLAINT AND NOW, this 17th day of October, 2013, comes the Plaintiff, Kaila E. (Geidel)Nolen, by her attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the Defendant, State Farm Insurance Company, as follows: 1. The Plaintiff is Kaila E. (Geidel) Nolen, an adult individual residing at 139 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. On October 8, 2008, the Plaintiff, Kaila E. (Geidel)Nolen was operating her motor vehicle on Route 74 in South Middleton Township, Cumberland County, Pennsylvania when a motor vehicle driven by Kevin J. Silva ran a red light at the intersection of Route 74 and Fairview Street striking her vehicle. 3. As a consequence of the motor vehicle collision, the Plaintiff, Kaila E. (Geidel) Nolen was injured requiring medical treatment. 3 ]4. At the time of the collision, the Plaintiff, Kaila E. (Geidel)Nolen was insured by Defendant, State Farm Insurance Company with medical benefits in the amount of One Hundred Thousand and no/100 ($100,000.00) Dollars. 5. The Defendant, State Farm Insurance Company, has paid certain medical expenses pursuant to its claim numbered 38-L553-444. It has refused to pay other expenses. These medical expenses which have not been paid include but are not limited to medical treatment from the following health providers: 1. Cumberland Valley Chiropractic and Wellness 2. Physicians of Rehabilitation Industrial & Spine Medicine 3. First Choice Rehabilitation Specialist 4. Dr. Michael Lupinacci 6. The Plaintiff, Kaila E. (Geidel)Nolen sustained work loss from her work as a Certified Nursing Assistant which should have been paid from the wage loss coverage provided by the Defendant, State Farm Insurance Company. The work loss is a direct consequence of her injuries and treatment sustained in the collision. 7. The medical treatment she has received from her personal injuries sustained in the collision of October 8, 2008 has been reasonable and medically necessary. 4 8. The denial of payment of benefits by State Farm Insurance Company is in bad faith and the Plaintiff is entitled to payment of her reasonable legal fees pursuant to Pennsylvania Law. NOW THEREFORE, the Plaintiff, Kaila E. (Geidel)Nolen, requests payment of the balance of her unpaid medical expenses and lost wages together with the payment of her reasonable legal fees and the costs of this action. Respectfully submitted, IRWIN & M KNIGHT, P.C. By: Auer Marcu A. Mc nigh:', Esquire 60 West 'omfre. Streit Carlisle, Pennsylv.1 •. 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiff, Date: October 17, 2013 5 VERIFICATION The foregoing document is based upon information which has been gathered by counsel for the petitioner in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the petitioner according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. 0 Marcu A. McKnight,I,` squire Date: Dc I.olw l7 WI 3 6 KAILA E. GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS OF KAILA E.NOLEN, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. • NO.2013-4478 CIVIL TERM • STATE FARM INSURANCE COMPANY, : CIVIL ACTION- LAW Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Amended Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Gary A. Drakas, Esquire Forry/Ullman Broad and New Streets Suite 400 Bethlehem, PA 18018 IRWIN & Mc IGHT P.C. By: Marcus �, squire 60 est 'omfret Street C rlisle, PA 17013 (71 ' 49-2353 Supreme • . ° I ► • 4 . Date: October 17, 2013 7 KAILA E.GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS OF KAILA E.NOLEN, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO.2013-4478 CIVIL TERM STATE FARM INSURANCE COMPANY, : CIVIL ACTION-LAW Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 1-800-990-9108 -r; � . --s;Fri rj {3 1 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland 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. 2 KAILA E.GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS OF KAILA E.NOLEN, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff • v. NO.2013-4478 CIVIL TERM STATE FARM INSURANCE COMPANY, : CIVIL ACTION-LAW Defendant COMPLAINT AND NOW, this 29th day of October, 2013, comes the Plaintiff, Kaila E. (Geidel)Nolen, by her attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the Defendant, State Farm Insurance Company, as follows: 1. The Plaintiff is Kaila E. (Geidel) Nolen, an adult individual residing at 139 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. On October 8, 2008, the Plaintiff, Kaila E. (Geidel)Nolen was operating her motor vehicle on Route 74 in South Middleton Township, Cumberland County, Pennsylvania when a motor vehicle driven by Kevin J. Silva ran a red light at the intersection of Route 74 and Fairview Street striking her vehicle. 3. As a consequence of the motor vehicle collision, the Plaintiff, Kaila E. (Geidel) Nolen was injured requiring medical treatment. 3 4. At the time of the collision,the Plaintiff, Kaila E. (Geidel)Nolen was insured by Defendant, State Farm Insurance Company with medical benefits in the amount of One Hundred Thousand and no/100 ($100,000.00)Dollars. 5. The Defendant, State Farm Insurance Company, has paid certain medical expenses pursuant to its claim numbered 38-L553-444. It has refused to pay other expenses. These medical expenses which have not been paid include but are not limited to medical treatment from the following health providers: 1. Cumberland Valley Chiropractic and Wellness 2. Physicians of Rehabilitation Industrial & Spine Medicine 3. First Choice Rehabilitation Specialist 4. Dr. Michael Lupinacci 6. The Plaintiff, Kaila E. (Geidel)Nolen sustained work loss from her work as a Certified Nursing Assistant which should have been paid from the wage loss coverage provided by the Defendant, State Farm Insurance Company. The work loss is a direct consequence of her injuries and treatment sustained in the collision. 7. The medical treatment she has received from her personal injuries sustained in the collision of October 8, 2008 has been reasonable and medically necessary. 4 • 8. The Plaintiff requests payment of her reasonable attorney fees pursuant to 75 Pa. C.S. §§1716 or 1798. NOW THEREFORE,the Plaintiff, Kaila E. (Geidel)Nolen, requests payment of the balance of her unpaid medical expenses and lost wages together with the payment of her reasonable legal fees and the costs of this action with damages less than $75,000.00. Respectfully submitted, IRWIN : CKNIG , P.C. By: arc s A. McKnight,II , quire 61 .t Pomfret Street Carlis = Pennsylvania 17013 (717)249- Supreme Court I. . •;. 476 Attorney for plaintiff, Date: October 29, 2013 5 VERIFICATION The foregoing document is based upon information which has been gathered by counsel for the petitioner in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the petitioner according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Ala/1r ,garAiliwak Marcus A cKnight, III, Esqu e Date: 6 KAMA E. GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS OF KAILA E.NOLEN, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO.2013-4478 CIVIL TERM STATE FARM INSURANCE COMPANY, : CIVIL ACTION-LAW Defendant • CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Amended Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Gary A. Drakas, Esquire Forry/Ullman Broad and New Streets Suite 400 Bethlehem, PA 18018 IRWIN & McKNIGHT, P P Ale 4111. By: Marcus A. 1 cKnight, III, i quire 60 West Po ret Street Carlisle, PA 1 ► 3 (717)249-2353 Supreme Court I.D. No. 25476 Date: October 29, 2013 7 4 SP N GARY A.DRAKAS,ESQUIRE Attorneys for Defendant&tfit` Farm Attorney ID No. 73440 t'1 NQV 114 l€i _ • 6 FORRY ULLAIAN CUMBERL P.Nn cowry One Bethlehem Plaza ��t< (r� ��� Broad and New Streets Suite 400 Bethlehem,PA 18018 610.332.3400.'FAX 610.332.3401 KAILA E. GEIDEL, now by marriage • IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, • OF CUMBERLAND COUNTY, PA • CIVIL ACTION - LAW vs. •• • No. 2013-4478 STATE FARM INSURANCE COMPANY, : Defendant Jury Trial Demanded STIPULATION TO CAP DAMAGES Plaintiff, Kaila E. (Geidel) Nolen ("Plaintiff'), by and through her counsel. Marcus A. McKnight, III, Esquire, and Defendant, State Fann Mutual Automobile Insurance Company ("Defendant"), by and through its counsel, Gary A. Drakas, Esquire, hereby agree and stipulate that the maximum amount of monetary damages that Plaintiff will seek and can potentially recover in this lawsuit is Seventy-Five Thousand Dollars ($75,000.00). The $75,000.00 cap includes any and all counts/causes of action contained in the Plaintiffs Complaint, or any amendment thereof, including but not limited to any award of compensatory damages, interest, attorneys' fees, punitive damages and costs. IRWIN & cKNIG , P.C. FO' ' ULL► 1 Ape By: �= By: �� MAR t US A. IV KN . , III, ESQ. AR jib • KAS, ESQUI Attorney for Pl itintiff, Attorney for Defendant, Kaila E. (Geid £ : en State Farm Mutual Auto. Ins. Co. 3 GARY A. DRAKAS, ESQUIRE Attorneys for Defendant State Farm Attorney ID No. 73440 FORRY ULLMAN One Bethlehem Plaza Broad and New Streets Suite 400 Bethlehem, PA 18018 610.332.3400/FAX 610.332.3401 KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, • OF CUMBERLAND COUNTY, PA • CIVIL ACTION - LAW vs. • • No. 2013-4478 STATE FARM INSURANCE COMPANY, : Defendant : Jury Trial Demanded ORDER �/J AND NOW, this /S' day of/lid✓S.01 !=i , 2013, upon consideration of the executed joint stipulation of the parties, it is hereby ORDERED that the Stipulation is hereby entered as an ORDER of the Court. BY THE CO " J. -t):7.4 CTICS tECL rn rn,„ CZ CD T C- -f C , •� CD-1 /i/41N 4 TfrIn JOSEPH F. MURPHY, ESQUIRE Attorney ID No. 78119 FORRY ULLMAN 540 Court Street Reading, PA 19603 610.777.5700 / FAX 610.777.2499 MT-1- Attorneys for DffenciRiztiSfytri cir3ti0 1- ZtiVi APR -7 P11 3: 19 CUMBERL AND COUNTY PENNSYLVANIA KAILA E. GEIDEL, now by marriage KAILA E. NOLEN, VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW No. 2013-4478 STATE FARM INSURANCE COMPANY, : Defendant Jury Trial Demanded NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Admitted upon information and belief only. 2. Admitted upon information and belief only. 3 The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 4. Admitted. 5. Admitted. 6. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 7. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 8. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Answering Defendant respectfully requests that This Honorable Court dismiss Plaintiff's Complaint, in its entirety, with prejudice. NEW MATTER 9. Defendant's answers to paragraphs 1 through 8 are incorporated herein by reference as if fully set forth at length. 10. Plaintiff has failed to state a claim upon which relief can be granted. 11. The applicable statute of limitations may have expired prior to the proper institution of this action. 12. Plaintiff's claims may be barred by the suit limitations clause contained in the policy. 13. At all relevant times, Defendant properly handled Plaintiff's claims. 14. Defendant State Farm administered Plaintiffs medical benefits and loss of income claims pursuant to the terms and conditions of the subject policy of insurance with State Farm and all applicable law. 15. Defendant State Farm paid Plaintiff's medical bills in accordance with her policy of insurance with State Farm. 16. Plaintiffs claims are barred by the doctrines of accord and satisfaction, release, and payment. 17. Plaintiffs medical bills and wage loss claims at issue were properly denied in that they are not causally related to the subject accident. 18. Plaintiff is not entitled to attorneys' fees and costs, as such damages are not recoverable in this case, as the medical bills and wage loss at issue are not related to the subject accident. 19. Pursuant to Section 1797(b)(1) of the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended, State Farm properly and timely requested PRO Reviews of the treatment at issue. 20. The PRO Reports provided, in pertinent part, that the services at issue were unreasonable, excessive, and unnecessary. 21. Thus, Plaintiffs bills for services at issue were properly and timely denied by State Farm. 22. State Farm properly denied payment of Plaintiffs bills as the treatment and services at issue were not reasonable and necessary. WHEREFORE, Defendant State Farm Insurance Company respectfully requests that This Honorable Court dismiss Plaintiffs Complaint, in its entirety. State Farm further requests that it be awarded costs of suit and such other relief as this Court may deem appropriate. By: FORRY ULLMAN JOSEP 1 URPHY, QU I it Date: / 03/31/2014 12:38 FAX 6103614898 MPC @006/006 VE RIF CATION I. Warren ft Williams, as authorized representative of Defendant State Farm Insurance Company, do hereby verily that the foregoing Answer with New Matter to Plaintiffs Complaint was prepared with the assistance and advice of counsel, upon whose advice I have relied; that the Answer with New Matter to Plaintiff's Complaint, subject to inadvertent or undiscovered errors, is based upon and therefi ?rc limited by the records and information still in existence, presently recollected and thus far discovered in the preparation of this Answer with New Matter to I'ittintif s Complaint and the defense of this case; that the language of the Answer with New Matter to Plaintiff's Complaint is that of counsel: that subject to the limitations set. forth herein, the averments of the Answer with New Matter to Plaintiff's Complaint arc true and correct to the best of my knowledge. inlirrmation and belief. I understand that false statements made in the foregoing doetunient are subject to the penalties of Title !1 f3 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities, Dated: / 4 WARREN D. WILLIAMS As authorized repres ntal ►►'c+ ►,f'L)efendra►r Stale Farm- Il73T: ranee C.'amt)unp JOSEPH F. MURPHY, ESQUIRE Attorney ID No. 78119 FORRY ULLMAN 540 Court Street Reading, PA 19603 610.777.5700 / FAX 610.777.2499 Attorneys for Defendant State Farm KAILA E. GEIDEL, now by marriage KAILA E. NOLEN, VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW No. 2013-4478 STATE FARM INSURANCE COMPANY, : Defendant Jury Trial Demanded CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Defendant's Answer to New Matter to Plaintiff's Complaint was mailed by first-class mail, on this date, addressed as follows: Date: Marcus A. Knight, III, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 By: FORRY ULLMAN KEITH V. BAUERLE, ESQUIRE Attorney I.D. No. 87390 Walnut Hill Plaza 150 South Warner Road, Suite 450 King of Prussia, PA 19406 (610) 977-2975 r- 4L[0- ii 100 2i ,, i"ix � � � i � C.' .k � 7 h. 3 2 Li I i^.).J\iLi kU COUNTY PE''iY VAFjA Attorney for Defendant State Farm Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff v. CIVIL ACTION -LAW No. 2013-4478 STATE FARM INSURANCE COMPANY JURY TRIAL DEMAND Defendant DEFENDANT STATE FARM INSURANCE COMPANY'S MOTION TO COMPEL DISCOVERY DIRECTED TO PLAINTIFF PURSUANT TO PA. R.C.P. 4019 Pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully move this Court for an Order compelling discovery responses of Plaintiff, and as grounds therefore states as follows: 1. This action is the result of an incident which occurred on October 8, 2008. 2. This action was initiated with the Court by a Writ of Summons on July 30 2013. 3. On or about July 24, 2014, Defendant through counsel forwarded Defendant's First Set of Interrogatories upon Plaintiff's attorney. A copy of the correspondence is made a part hereof and attached hereto as Exhibit "A". 4. On or about November 4, 2014, Defendants through counsel requested that Plaintiff respond to the discovery requests. A copy of the correspondence dated is attached hereto as Exhibit "B". 5. To date, Plaintiff has not responded to Defendant's discovery requests. 6. The information sought through Defendant's Interrogatories is relevant and material to Defendant's preparation of a full and proper defense of this matter, and the Defendant will be prejudiced if full and complete answers to those discovery requests are not provided. WHEREFORE, Defendant State Farm Insurance Company respectfully requests that this Honorable Court, pursuant to Pennsylvania Rule of Civil Procedure 4019, enter an Order requiring full and complete answers to Defendant's First Set of Interrogatories herein within twenty (20) days of the date of the Order. Dated: November 14, 2014 BY: FORRY ULLMAN / KEITH V. A'`U "' E, ESQUIRE Attorney t efen ant State Farm Insurance Company Exhibit "A" Forry Ullman Walnut Hill Plaza 150 South Warner Road ; Suite 450 King of Prussia PA 19406 PIi 610.977.2975 ' rx 610:977.2980 KEITH V. BAUERLE, ESQUIRE DIRECT DIAL: 610-977-4124 E-MAIL: kbauerle@forryullman.com November 4, 2014 Marcus A. McKnight, III, Esquire Law Offices of Irwin & McKnight, P.C. West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 RE: Kaila E. (Geidl) Nolen v. SFNIAIC Cumberland County CCP No. 2013-4478 Our File No. 2023559 Dear Mr. McKnight: On July 24, 2014, our discovery requests were served upon you. To date, no response to the discovery requests has been - received. Kindly respond to the outstanding discovery within ten (10) days to avoid any unnecessary motion practice. Thank you in advance for your anticipated cooperation to the foregoing. Very truly yours, KEITH V. BAUERLE :dhs Exhibit "B" Forry 540 Court Street j P.O. Box 542 i Reading PA 19603 PH 610.777.5700 1 FX 610.777.2499 Ullman Attorneys at Law JOSEPH F. MURPHY, ESQUIRE DIRECT DIAL: 610-568-1427 E-MAIL: jmurphy®forryullman.com July 24, 2014 Marcus A. McKnight, III, Esquire Erwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Re: Geidel (Nolen) v. State Farm Cumberland County Docket No.: 2013-4478 Our File No. 2023559 Dear Mr. McKnight: Enclosed please find the First Set of Interrogatories of Defendant Directed to Plaintiff. Please respond within the time allotted by the Pennsylvania Rules of Civil Procedure. - Should you have any questions with regard to the above, please do Pot hesitate to contact me. Thank you for your attention to this matter. .1FM/j a Enclosure Philadelphia . King- of Prussia Reading Bethlehem www.farryullman,com FORRY ULLMAN KEITH V. BAUERLE, ESQUIRE Attorney I.D. No. 87390 Walnut Hill Plaza 150 South Warner Road, Suite 450 King of Prussia, PA 19406 (610) 977-2975 Attorney for Defendant State Farm Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff v. CIVIL ACTION -LAW No. 2013-4478 STATE FARM INSURANCE COMPANY JURY TRIAL DEMAND Defendant DEFENDANT, PROGRESSIVE ADVANCED INSURANCE COMPANY Incorrectly Identified as PROGRESSIVE INSURANCE COMPANY'S BRIEF IN SUPPORT OF THE MOTION TO COMPEL DISCOVERY REQUESTS I. STATEMENT OF THE CASE This action is the result of an incident which occurred on October 8, 2008. This action was initiated with the Court by a Writ of Summons on July 30 2013. On or about July 24, 2014, Defendant through counsel forwarded Defendant's First Set of Interrogatories upon Plaintiffs attorney. A copy of the correspondence is made a part hereof and attached hereto as Exhibit "A". On or about November 4, 2014, Defendants through counsel requested that Plaintiff respond to the discovery requests. A copy of the correspondence dated is attached hereto as Exhibit "B". To date, Plaintiff has not responded to Defendant's discovery requests. The information sought through Defendant's Interrogatories is relevant and material to Defendant's preparation of a full and proper defense of this matter, and the Defendant will be prejudiced if full and complete answers to those discovery requests are not provided. 11. QUESTIONS PRESENTED IS THE DEFENDANT ENTITLED TO AN ORDER COMPELLING COMPLETE AND VERIFIED ANSWERS TO INTERROGATORIES OF PLAINTIFF? Suggested answer: Yes III. ARGUMENT Pennsylvania Rule of Civil Procedure 4019 governs the imposition of sanctions for failure to provide discovery. The purpose of Rule 4019 is to insure compliance with proper Orders of the Court, and adequate and prompt discovery of matters allowed by the Rules of Civil Procedure. Dunn v. Maislin Transport Ltd., 456 A.2d 632 (1983). It is within the discretion of the trial court as to what specific sanctions should be imposed. Pompa v. Hojnacki, 281 A.2d 886 (1971). In formulating an appropriate Sanction Order the court is "required to strike a balance between the procedural need to move the case to prompt disposition and the substantive rights of the parties." Marshall v. Southeastern Pa. Transport Authority, 463 A.2d 1215, 1216 (Pa.Cmw1th. 1983), citing Gonzales v. Procaccio Brothers Trucking Company, 407 A.2d 1338 (Pa. Super. 1979). Plaintiff has failed to provide any responses to the Defendant's First Set of Interrogatories. The information requested is both relevant and necessary to put forth a defense, therefore, the appropriate sanction at this time is for an Order compelling the Plaintiff to provide responses to said discovery within twenty (20) days. IV. CONCLUSION Defendant is entitled to an Order compelling Plaintiff to fully respond to Defendant's First Set of Interrogatories. Dated: November 14, 2014 BY: FORRY ULLMAN KEIT V. BAUERLE, ESQUIRE Attorney for Defendant State Farm Insurance Company VERIFICATION I, KEITH V. BAUERLE, ESQUIRE, being duly sworn according to law, depose and state that I am the attorney for the Defendant, State Farm Insurance Company and that I make this affidavit on their behalf and that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: November 14, 2014 KEITH V. BAUERLE, ESQUIRE ATTORNEY CERTIFICATION OF GOOD FAITH Pursuant to Local Rule C.C.R.P. 208.3(a) The undersigned counsel for movant hereby certifies and attests that: a. He or she has had the contacts described below with opposing counsel or unrepresented party regarding discovery matter contained in the foregoing discovery motion in an effort to resolve the specific discovery dispute(s) at issue and, further, that despite counsel's good faith attempts to resolve the dispute(9s), counsel have been unable to do so without Court intervention: Description of effort to resolve discovery motion: Counsel for Defendant gave Plaintiff significant amount of time to provide complete responses to Defendant's First Set of Interrogatories. Counsel for Defendant forwarded follow-up correspondence to Plaintiff's counsel with no response or a courtesy phone call. Dated: November 14, 2014 CERTIFIED TO THE COURT BY: BY: KEITH V. BAUFi,E, ESQUIRE FORRY ULLMAN KEITH V. BAUERLE, ESQUIRE Attorney I.D. No. 87390 Walnut Hill Plaza 150 South Warner Road, Suite 450 King of Prussia, PA 19406 (610) 977-2975 Attorney for Defendant State Farm Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff v. CIVIL ACTION -LAW No, 2013-4478 STATE FARM INSURANCE COMPANY JURY TRIAL DEMAND Defendant CERTIFICATE OF SERVICE I, Keith V. Bauerle, Esquire, hereby certify that a true and correct copy of Defendant State Farm Insurance Company's Motion to Compel Discovery Answers of Plaintiff was served via U.S. first-class mail, postage prepaid to the addressed as follows: Marcus A. McKnight, III, Esquire Law Offices of Irwin & McKnight, P.C. West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Attorney for Plaintiff Kaila E. Geidel-Nolen Dated: November 14, 2014 BY: FORRY ULLMAN KEITH V. BA E , ESQUIRE Attorney for De e (ant State Farm Insurance Company JOSEPH F. MURPHY, ESQUIRE Attorney ID No. 78119 FORRY ULLMAN 540 Court Street Reading, PA 19603 610.777.5700 / FAX 610.777.2499 is f• L. t_ tf ;-trz \t ijaL torneys for Defendant State Farm s4iY KAILA E. GEIDEL, now by marriage KAILA E. NOLEN, vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : No.2013-4478 STATE FARM INSURANCE COMPANY, : Defendant : Jury Trial Demanded PRAECIPE FOR WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance on behalf for Defendant, STATE FARM INSURANCE COMPANY, in the above case. By: Date: I _ (I FORRY ULLMAN FORRY ULLMAN BY: Keith V. Bauerle, Esquire Attorney I.D. No. 87390 Walnut Hill Plaza 150 S. Warner Road Suite 450 King of Prussia, PA 19406 (610) 977 — 2975 Attorney for Defendant, State Farm Insurance Company KAILA E. GEIDEL, now by marriage KAILA E. NOLEN, vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : No.2013-4478 STATE FARM INSURANCE COMPANY, : Defendant . Jury Trial Demanded PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendant, STATE FARM INSURANCE COMPANY, in the above case and designate Walnut Hill Plaza, 150 S. Warner Road, Suite 450, King of Prussia, PA 19406 as the place notices and papers other than original process may be served. Date: t1-1�1-iN By: 44:Eel FORRY ULLMAN BY: Keith V. Bauerle, Esquire Attorney I.D. No. 87390 Walnut Hill Plaza 150 S. Warner Road Suite 450 King of Prussia, PA 19406 (610) 977 — 2975 Attorney for Defendant, State Farm Insurance Company KAILA E. GEIDEL, now by marriage KAILA E. NOLEN, vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : No.2013-4478 STATE FARM INSURANCE COMPANY, : Defendant the . Jury Trial Demanded CERTIFICATE OF SERVICE I, KEITH V. BAUERLE, ESQUIRE, hereby certify that a true and correct copy of foregoing Praecipe for Entry of Appearance and Praecipe for Withdrawal of Appearance was mailed by first-class mail, on this date, addressed as follows: Date. 'i11 -ISI Marcus A. McKnight, III, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 By: FORRY ULLMA KEITV.rTRLE, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff v. CIVIL ACTION -LAW No. 2013-4478 STATE FARM INSURANCE COMPANY JURY TRIAL DEMAND Defendant ORDER OF COURT' AND NOW, this 21ST day of NOVEMBER, 2014, a Rule is issued upon Plaintiff to Show Cause why the Motion to Compel Discovery should not be granted. Rule returnable twenty (20) days after service. BY THE COURT: , J. ge,44, O. 8a Berle E, rG 44s 141eF hJl kf CC) p, es i , lee/ / l lab/ ti N) rso co FORRY ULLMAN KEITH V. BAUERLE, ESQUIRE Attorney I.D. No. 87390 Walnut Hill Plaza 150 South Warner Road, Suite 450 1 ,/,', Hlt\ King of Prussia, PA 19406 Attorney for Defendant (610) 977-2975 State Farm Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff v. CIVIL ACTION -LAW No. 2013-4478 STATE FARM INSURANCE COMPANY JURY TRIAL DEMAND Defendant DEFENDANT STATE FARM INSURANCE COMPANY'S MOTION FOR SANCTIONS PURSUANT TO PA. R.C.P. §4019 (a)(1)(viii) Pursuant to the Pennsylvania Rules of Civil Procedure §4019 (a)(1)(viii), Defendant, State Farm Insurance Company, respectfully moves this Honorable Court to enter an Order sanctioning Plaintiff Kaila E. Geidel, now by marriage Kaila E. Nolen for failure to comply with the Court's November 21st 2014 Order and in support thereof avers as follows: 1. Plaintiff Kaila E. Geidel, now by marriage Kaila E. Nolen (hereinafter "Plaintiff')initiated the present action by filing a Writ of Summons on October 8, 2008 for a motor vehicle accident which occurred on July 30 2013. 2. On November 21, 2014 the Court entered an Order requiring Plaintiff to provide full, complete, and verified responses to Defendant State Farm Insurance Company's Interrogatories within twenty (20) days from the date of the Order. A copy of the Court's Order is made a part hereof and attached hereto as Exhibit "A". 3. The Notice of Order was served via U.S. First Class Mail to all counsel of record on December 1; 2014. A copy of the transmittal letter is made a part hereof and attached hereto as Exhibit "B". 4. To date, Plaintiff has failed to comply with the aforementioned Order entered by the Court. 5. The information sought by the aforementioned discovery requests are both relevant and material to Defendant's preparation of a full and proper defense of this matter and the Defendant will be prejudiced due to the failure of Plaintiff to comply with the Court's Order. 6. Plaintiff Kaila E. Geidel, now by marriage Kaila E. Nolen should be sanctioned due to the failure to comply with the Court's Order. WHEREFORE, Defendant State Farm Insurance Company respectfully prays that this Honorable Court enter the proposed Order and provide any other relief deemed just under the circumstances. Dated: January l , 2015 BY: FORRY ULLMAN KEITH V. B Attorney for State Farm In RLE, endant urance SQUIRE ompany VERIFICATION I, KEITH V. BAUERLE, ESQUIRE, being duly sworn according to law, depose and state that I am the attorney for the Defendant, State Farm Insurance Company and that I make this affidavit on their behalf and that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: January / , 2015 Exhibi "A" IN THE COURT OF COMMON PLEAS OF CUMBIE. AND COUNTY PENNS 7 'ANIA KAILA E. °MEL; now by marriage KAILA E. NOLEN Piaintif f STATE FARM INSURANCE COMPANY Defendani CIVIL- ACTION -LAW No. 20134478 JURY TRIAL DEMAND ORDER OF COURT AND NOW, this 21 day ofNOVEMBER.. 2014, a Rule. is issued upon. Plaintiff to Show Cause why the Motion to ComNi Discovery should. not be d, Rule returnable twenty (20) days after service, BY THE COURT; .r r 4.44 s rot e„ eCjp e ,Aed r_ hr.." Cr+ Exhibit "B" Forry 1 Ullman Ariorneys rt lc:w Walnut Hill Plaza 150 South Warner Road ; Suite 450 King of Prussia PA 119406 PH 610.977.2975 1 rx 610.977.2980 KEITH V. BAUERLE, ESQUIRE DIRECT DIAL: 610-977-4124 E-MAIL: kbauerle@forryullman.com December 1, 2014 Marcus A. McKnight, III, Esquire Law Offices of Irwin & McKnight, P.C. West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 RE: Kaila E. (Geidl) Nolen v. SFMAIC Cumberland County CCP No. 2013-4478 Our File No. 2023559 Dear Mr. McKnight: Enclosed herewith please find a time -stamped copy of the Court's Order dated November 21, 2014 regarding the above -captioned matter. Thank you for your attention to the foregoing. Very trulyyours, %eh KEITH V. BAUERL :dhs Enclosure FORRY ULLMAN KEITH V. BAUERLE, ESQUIRE Attorney I.D. No. 87390 Walnut Hill Plaza 150 South Warner Road, Suite 450 King of Prussia, PA 19406 (610) 977-2975 Attorney for Defendant State Farm Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff v. CIVIL ACTION -LAW No. 2013-4478 STATE FARM INSURANCE COMPANY JURY TRIAL DEMAND Defendant CERTIFICATE PURSUANT TO LOCAL RULE C.C.R.P. 208.3(a) I, Keith V. Bauerle, Esquire, hereby certify that Defendant's Motion for Sanctions is uncontested by Plaintiff's counsel and further certify pursuant to Local Rule 203(a)(9) the undersigned hereby certifies that he contacted counsel for the Plaintiff who is in concurrence regarding discovery matter contained in the foregoing discovery motion in an effort to resolve the specific discovery disputes at issue, and further, that despite all counsel's good faith attempts to resolve the dispute, counsel have been unable to do so. CERTIFIED TO THE COURT BY: FORRY ULLMAN Dated: January 7 , 2015 BY: KEITH V Attorney for State Farm I ERLE, efenda ESQUIRE t ce Company FORRY ULLMAN KEITH V. BAUERLE, ESQUIRE Attorney I.D. No. 87390 Walnut Hill Plaza 150 South Warner Road, Suite 450 King of Prussia, PA 19406 (610) 977-2975 Attorney for Defendant State Farm Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff v. CIVIL ACTION -LAW No. 2013-4478 STATE FARM INSURANCE COMPANY JURY TRIAL DEMAND Defendant CERTIFICATE OF SERVICE I, Keith V. Bauerle, Esquire, hereby certify that a true and correct copy of Defendant State Farm Insurance Company's Motion for Sanctions was served via U.S. first-class mail, postage prepaid to the addressed as follows: Marcus A. McKnight, III, Esquire Law Offices of Irwin & McKnight, P.C. West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 1 701 3-3222 Attorney for Plaintiff Kaila E. Geidel-Nolen Dated: January 7, 2015 BY: FORRY ULLMAN KEITH V. ° UE' E, ESQUIRE Attorney fol Defers a ant State Farm sur' ce Company FORRY ULLMAN KEITH V. BAUERLE, ESQUIRE Attorney I.D. No. 87390 Walnut Hill Plaza 150 South Warner Road, Suite 450 King of Prussia, PA 19406 (610) 977-2975 Attorney for Defendant State Farm Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff v. CIVIL ACTION -LAW No. 2013-4478 STATE FARM INSURANCE COMPANY JURY TRIAL DEMAND Defendant DEFENDANT, STATE FARM INSURANCE COMPANY'S BRIEF IN SUPPORT OF THEIR MOTION FOR SANCTIONS PURSUANT TO PA. R.C.P. 4019 (a)(1)(viii) I. STATEMENT OF THE CASE Plaintiff Kaila E. Geidel, now by marriage Kaila E. Nolen (hereinafter "Plaintiff") initiated the present action by filing a Writ of Summons on October 8, 2008 for a motor vehicle accident which occurred on July 30 2013. On November 21, 2014 the Court entered an Order requiring Plaintiff to provide full, complete, and verified responses to Defendant State Farm Insurance Company's Interrogatories within twenty (20) days from the date of the Order. See Exhibit "A". The Notice of Order was served via U.S. First Class Mail to all counsel of record on December 1, 2014. See Exhibit "B". To date, Plaintiff has failed to comply with the aforementioned Order entered by the Court. The information sought by the aforementioned discovery requests are both relevant and material to Defendant's preparation of a full and proper defense of this matter and the Defendant will be prejudiced due to the failure of Plaintiff to comply with the Court's Order. II. QUESTION PRESENTED: IS DEFENDANT ENTITLED TO AN ORDER TO PAY SANCTIONS AND PRECLUDING SANCTIONS OF EVIDENCE/TESTIMONY AT THE TIME OF HEARING? Suggested answer: YES. III. ARGUMENT: A party in a civil action in Pennsylvania is entitled to serve Interrogatories on another party pursuant to Rule 4005. Pennsylvania Rule of Civil Procedure 4006 requires that a party upon whom interrogatories is served shall respond with thirty (30) days after the service of the request. Rule of Civil Procedure 4019(a)(1) provides that the Court may, on motion, make an appropriate order if a party otherwise fails to make discovery or to obey an order of court respecting discovery. Pa.R.C.P. 4019(a)(1)(viii). The information requested in the requests for production is both relevant and necessary to put forth a defense. If Plaintiff intends to retain and identify a handwriting expert instituted in this forgery case, one should be retained so the matter may move forward. If no expert is to be retained, Plaintiff should answer "none" and the matter may move forward. Pennsylvania Rule of Civil Procedure 4019 governs the imposition of sanctions for failure to provide discovery. The purpose of Rule 4019 is to insure compliance with proper Orders of the Court, and adequate and prompt discovery of matters allowed by the Rules of Civil Procedure. Dunn v. Maislin Transport Ltd., 456 A.2d 632 (1983). It is within the discretion of the trial court as to what specific sanctions should be imposed. Pompa .v. Hojnacki, 281 A.2d 886 (1971). In formulating an appropriate Sanction Order the court is "required to strike a balance between the procedural need to move the case to prompt disposition and the substantive rights of the parties." Marshall v. Southeastern Pa. Transport Authority, 463 A.2d 1215, 1216 (Pa.Cmwlth. 1983), citing Gonzales v. Procaccio Brothers Trucking Company, 407 A.2d 1338 (Super. 1979). Plaintiff has failed to provide any responses to Defendant's Expert Interrogatories and has failed to obey a Court Order. The information requested through these discovery devices is both relevant and necessary to put forth a defense. Defendant is prejudiced by the Plaintiff's failure to respond. Pursuant to Rule 4019 (c) (2) of the Pennsylvania Rules of Civil Procedure, the Court, when acting under subdivision (a) of this Rule, may make: (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition. IV. CONCLUSION Defendant is entitled to an Order in accordance with Rule 4019 of the Pa. Rules of Civil Procedure. Dated: January ' / , 2015 BY: Respectfully submitted, FORRY ULLMAN KEITH V. B Attorney for State Farm Ins RLE, ES endant ranee Co UIRE any IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff v. CIVIL ACTION -LAW No. 2013-4478 STATE FARM INSURANCE COMPANY JURY TRIAL DEMAND Defendant ORDER AND NOW, this f � day of UPI , 2015, upon consideration of Defendant State Farm Insurance Company's Motion for Sanctions, it is hereby ORDERED and DECREED that said Motion is granted. Due to the failure of Plaintiff to comply with the Court's Order dated November 21, 2014, Plaintiff Kaila E. Geidel, now by marriage Kaila E. Nolen is hereby ORDERED to serve complete answers to Defendant's Interrogatories, without objections, within ten (10) days. I aint i ..faala:o� d r=ecoto anet in -t re -at ©laof Ti to re itty--Dc lags-( -2.5-0-00 "for arlure to -comply-with-this1-onarab C'o-urf-s=pfior `Ci derma It is further ORDERED that if Plaintiff does not serve the complete answers within tern (j days, she is precluded from offering any evidence or testimony at the time of trial or arbitration. Com I'Es IQ t Csci., . fitc.kiu$44-4- 194+1 //iiji.s ,111