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Home My WebLink About05-0102 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ()r:; - J~:z. C'L>~ll~ Civil Action - (XX) Law ( ) Equity Manuel Rodriguez 2458 Emerald Court Harrisburg, PA 17104 George J. Kopko 1901 Kent Drive Camp Hill, PA 17011 v. Plaintiff Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. L Writ of Summons Shall be issued and forwarded to ( )Attorney (XX )Sheriff ~ Stephen G. Held. Esquire 1300 LinQlestown Road Harrisburg. PA 17110 (717) 238-2000 Name/AddressITelephone No. of Attorney Date: January 4. 2005 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED A~ .IJ ACTION AGAINST YOU. ~ ~ . k ~ prol~~ .~ Date: ....J:J..A") {" \ MBS 0>Y b(/J n-,. 0 . P . _./J.A f ~ Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 ;::J ff 'iq t- CI( tL ~ () 0 f"-,:) "- = 0 ~ c = -n ~ -.:-" en ~ 2: tf; <- ~ .I.J ~ :I:." ~ ........ -u .' :;:.:; f11p= ..c:: ..0 ?~L-. 1 -orn ( """'- F 9~--:' C7"' 69 ~;.:~:' _to -- -0 :c=g J ~f-'5 :h: 0--- --;t"(~ f~~ r11 -""c: w ~ :z, ? -'4 C) :::0 -<. c:> -< . 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, George J. Kopko MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, DEFENDANT CIVIL ACTION-LAW JURY TRIAL DEMANDED ENTRY OF ApPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, George J. Kopko, Date: March 16,2005 Respectfully submitted, LAW cWF JI t.- ...... 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, George J. Kopko MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUM BERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Date: March 16,2005 Donald R. Do r, Esquire Attorney for Defendant SHERIFF'S RETURN - REGULAR CASE NO: 2005-00102 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RODRIGUEZ MANUEL VS KOPKO GEORGE J CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KOPKO GEORGE J the DEFENDANT , at 1420:00 HOURS, on the lOth day of January 2005 at 1901 KENT DRIVE CAMP HILL, PA 17011 by handing to GEORGE J KOPKO a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.36 ,00 10.00 ,00 38.36 r~~~ R. Thomas Kline 01/11/2005 HANDLER HENNING ROSENBERG h' K me t l S .J '/ ~ day of I );/ - By: ,;;:' - 4, ~ dd'...// /- ~ v D~tY Sh€rif Sworn and Subscribed to before -jU'U-:"'1 d-tr/.!<! A.D. \ IILl;' , Q h." f'P,. , 'Irr: ;; rothonotary' , 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defeudant, George J. Kopko MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLE S CUMBERLAND COUNTY, PENNSYI VANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: 20) d, ys hereof Please enter a RULE upon Plaintiff to file a Compl . or suffer the entry of a Judgment of Non Pros. , / --- Date: March 18. 2005 Donald R. D rer, Esquire Attorney for Defendant RULE TO FILE COMPLAINT AND NOW, this ~~y of (I!:::w (' A ,2005 a RULE is h reby entered upon the Plaintiff to file a Complaint herein within twenty (20) days after s rvice hereof or suffer the entry of a Judgment of Non Pros. '7 / PROTHONOTARC ~ 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, George J. Kopko MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PL AS CUMBERLAND COUNTY, PENNS VANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defe dant herein, and that he caused a true and correct copy of the attached Praeci e for Rule to File C ill laint to be served by certified mail, return receipt requested upon: Stephen G, Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, P A 1711 0 Attorney for Pia inti ., 17 r7 ,/ I)' . /1 /,,/ 'U'/ / / i Date: March 18.2005 Donald R. Dorer, Es uire Attorney for Defen nt o s; ,"",",.(.~; (116; ;-~: ~t,~~, ~;~~ -:~ i-~( 6(':::' Y~'. '2 ~ c.'? c.Y' -:;J:. ~ r'" '" o -r' .A :r;;.." P"\r::: ..,.,\!1 _r\'-./ i~)~). .-t ~. '--,?c'-:) ,:;~{1' '~iJ ....J. ..." :;l<- B ~ CI' F:\WP Directories\BWS\Complaints\MV A\lntersection\Rodriguez- T -Bone.wpd Stephen G. Held. Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELDlalHHRLAW.COM ttorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COM ON PLEAS : CUMBERLAND COUNT PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION. LA Defendants JURY TRIAL DEMA DED COMPLAINT AND NOW, comes the Plaintiff, Manual Rodriguez, by and th ugh his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Es uire, and make the within Complaint against the Defendants, George J, Kopko and Ann EI zabeth Kopko, and aver as follows: 1. Plaintiff, Manual Rodriguez, is an adult individual curr ntly residing at 2458 Emerald Court, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Defendant, George J, Kopko, is an adult individual curr ntiy residing at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011, 3.. Defendant, Ann Elizabeth Kopko, is an adult individua currently residing at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17 4. At all times material hereto, Plaintiff, Manual Rodrigue was the operator of a 2002 Chevrolet Passenger Van, bearing Pennsylvania Registr tion Plate Number EPA5944, which was owned by Enterprise Rent A Car. (herein fter referred to as "Plaintiff's vehicle"). 5, At all times material hereto, either Defendant Ann lizabeth Kopko or Defendant, George J. Kopko, was operator of a 1995 Chevrol t Caprice, bearing Pennsylvania Registration Plate Number ETS1117 (hereinafter referr d to as "Defendant's vehicle") owned by Defendant's George J. Kopko and Ann Elizabeth Kopko. 6. At the time of the collision, Plaintiff, Manual Rodriguez was insured under a motor vehicle policy through Travelers Insurance Company. Plainti was covered by the Full Tort Option. 7, On or about January 23,2003, at approximately 1 :55p ,Plaintiffs vehicle, was traveling on Trindle Road near the intersection of Brian Road, ampton Township, Cumberland County, Pennsylvania. 8. On or about January 23,2003, at approximately 1 :55pm, efendant's vehicle, was traveling on Brian Road near the intersection Trindle Road, H mpton Township, Cumberland County, Pennsylvania. -2- 9, At approximately the same time and place, as Plaintiff vehicle was lawfully traveling along Trindle Road, Defendant's vehicle suddenly and witho t warning proceeded to attempt to enter the far travel lane of Trindle Road whereby befor this action could be completed Defendant's vehicle suddenly and without warning drov into the path of and collided with Plaintiff's vehicle. 10. As a direct and proximate result of the negligence of Def ndants, the Plaintiff, Manual Rodriguez, sustained serious and extensive injuries as set f rth more specifically below, COUNT I - NEGLIGENCE MANUEL RODRIGUEZ v. ANN ELIZABETH KOP 0 11. Paragraphs 1 through 10 are incorporated herein as if et forth at length. 12, The occurrence ofthe aforesaid collision and the resulta t injuries to Plaintiff, Manual Rodriguez, were caused directly and proximately by the negli ence of Defendant, Ann Elizabeth Kopko, more specifically, as set forth below: (a) In failing to yield the legal right-of-way to Plaintiff' vehicle in, violation of 75 Pa,C.SA S 3324; (b) In failing to be reasonably vigilant to observe PI intiffs vehicle; (c) In failing to properly and adequately observe t e traffic conditions then and there existing; (d) In driving in a careless manner in violation of 75 a. C.S.A. S 3714; (e) In failing to operate said vehicle in such a mann r that would allow Defendant to apply the brakes and stop befor pulling in front of -3- Plaintiff's vehicle; (f) In failing to operate Defendant's vehicle under roper and adequate control so that Defendant could avoid striking laintiff's vehicle; (g) In failing to keep a proper lookout for vehicles I wfully proceeding in the opposite direction; (h) In driving his vehicle upon a roadway in a anner endangering persons and property and in a manner with care ess disregard to the rights and safety of others in violation of the M tor Vehicle Code of the Commonwealth of Pennsylvania; (i) In negligently driving his vehicle into the interse tion of Trindle Road and Brian Road without properly stopping; 0) In failing to enter a through highway without 10 king both ways for approaching traffic before entering and to cont nue to look as she advanced through the intersection; (k) In failing to exercise the high degree of care re uired of a motorist entering an intersection; (I) In failing to stop at a properly posted Stop ign controlling the intersection, in violation of Pa,C.SA S3323(b); (m) In failing to be reasonably vigilant and slowly pu I fOlWard to a point where she had a clear view of approaching traffi , in violation of 75 Pa,C.SA S 3323(b); and (n) In failing to be reasonably vigilant to observe t e road and traffic conditions then and there existing. -4- 13. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, sustained severe injuries, including, but not limite to, bilateral leg pain, lower back, shoulder and cervical back/neck injuries. 14. As a direct and proximate result of the Defendant's ne Manuel Rodriguez has suffered great physical pain, discomfort, and ental anguish, and he will continue to endure the same for an indefinite period oftime in t e future, to his great physical, emotional, and financial detriment and loss. 15. As a direct and proximate result of the Defendant's egligence, Plaintiff, Manuel Rodriguez, has suffered lost wages and will in the future con inue to suffer a loss of income and/or loss of earning capacity, 16, As a direct and proximate result of the Defendant's egligence, Plaintiff, Manuel Rodriguez, has been compelled, in order to effect a cure fort e aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment an loss. 17. As a direct and proximate result of the Defendant's egligence, Plaintiff, Manuel Rodriguez, has been, and probably will in the future be, hind red from attending to his daily duties, to his great detriment, loss, humiliation, and emba rassment. 18, As a direct and proximate result of the Defendant's n gligence, Plaintiff, Manuel Rodriguez, has suffered a loss of life's pleasures, and will co tinue to endure the same in the future, to his great detriment and loss. 19. Plaintiff, Manuel Rodriguez, believes and, therefore, a rs that his injuries are permanent in nature. WHEREFORE, Plaintiff, Manuel Rodriguez, seeks damages fr m Defendant, Ann -5. Elizabeth Kopko, in an amount in excess ofthe compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs, COUNT II - NEGLIGENT ENTRUSTMENT MANUAL RODRIGUEZ v. GEORGE J. KOPK 20. Paragraphs 1 through 19 are incorporated herein as if set forth at length. 21, At all times material hereto, Defendant, George J. Kopk ,owned Defendant's vehicle. 22. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Manual Rodriguez, are the direct and prox mate result of the negligence, carelessness, and/or recklessness ofthe Defendant, Geo ge Kopko, generally and more specifically, as set forth below: (a) In allowing Ann Elizabeth Kopko to fail to be r asonably vigilant to observe Plaintiff's vehicle; (b) In allowing Ann Elizabeth Kopko to fail to be r asonably vigilant to observe vehicles lawfully proceeding on Trindle (c) In allowing Ann Elizabeth Kopko to fail to prop rly and adequately observe the traffic conditions then and there exi ting; (d) In allowing Ann Elizabeth Kopko to drive in a areless manner, in violation of 75 Pa. C,S.A. 9 3714; (e) In allowing Ann Elizabeth Kopko to fail to operate efendant's vehicle under proper and adequate control in order to av id striking Plaintiff's vehicle; (f) In allowing Ann Elizabeth Kopko to fail to oper te a motor vehicle -6- under proper and adequate control in order to void a collision; (g) In allowing Ann Elizabeth Kopko to fail to exerci e reasonable care in the operation and control of a motor vehicle, i violation of 75 Pa. C.S,A, S 3309; (h) In allowing Ann Elizabeth Kopko to fail to exerci e the high degree of care required of an operator of a motor vehicle; (i) In allowing Ann Elizabeth Kopko to fail to yiel the right-of-way to Plaintiff's vehicle; and (j) In allowing Ann Elizabeth Kopko to fail to drive w h due regard for the safety of all persons in violation of 75 Pa, C,S. . S 3105. 23, As a direct and proximate result of the negligence of th Defendant, George Kopko, Plaintiff, Manual Rodriguez, sustained severe injuries includi g, but not limited to, bilateral leg pain, lower back, shoulder and cervical back/neck injuri s. 24, As a result of the negligence of Defendant, George Ko ko, Plaintiff, Manual Rodriguez, has been, and will in the future be, hindered from p rforming the duties required by his usual occupation and from attending to his daily dutie and chores, to his great loss, humiliation and embarrassment. 25, As a result of the negligence of Defendant, George Kop 0, Plaintiff, Manual Rodriguez, has suffered great physical pain, discomfort, and ment I anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 26.. As a result of the negligence of Defendant, George Kop 0, Plaintiff, Manual Rodriguez, has suffered lost wages and will in the future continue to su er a loss of income -7- and/or loss of earning capacity. 27. As a result of the negligence of Defendant, George Ko ko, Plaintiff, Manual Rodriguez, has been compelled, in orderto effect a cure for the afore aid injuries, to spend money for medicine and/or medical attention, and will be required to xpend money for the same purposes in the future, to his great detriment and loss. 28. As a result of the negligence of Defendant, George Ko ko, Plaintiff, Manual Rodriguez has suffered a loss of life's pleasures, and will continue t endure the same in the future to his great detriment and loss. 29. Plaintiff, Manual Rodriguez, believes and therefore, ave s that his injuries are permanent in nature. WHEREFORE, Plaintiff, Manual Rodriguez. seeks damag s from Defendant, George Kopko, in an amount in excess of the compulsory arbitration I'mits of Cumberland County, Pennsylvania, exclusive of interest and costs, Respectfully Submitted, HANDLER, HENNING & R SENBERG, LLP Date: l1~ iJ S By Stephen G. Held, Es Attorney I.D. # 7266 1300 Linglestown Ro d Harrisburg, PA 1711 (717) 23B-2000 Attorney for Plaintiff -8- VERIFICATION The undersigned hereby verifies that the statements in the regoing document are based upon information which has been furnished to c unsel by me and information which has been gathered by counsel in the prepar tion of this lawsuit. The language of the document is of counsel and not my ow. I have read the document and to the extent that it is based upon information w ich I have given to counsel, it is true and correct to the best of my knowledge, inform tion and belief. To the extent that the contents of the document are that of counsel I have relied upon my counsel in making this Verification. The undersigned also u derstands that the statements made therein are made subject to the penalties of 1 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ,-), - b Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD(a)HHRLAW.COM ttorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COM ON PLEAS : CUMBERLAND COUNT , PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LA Defendants JURY TRIAL DEMA CERTIFICATE OF SERVICE AND NOW, this 6th day of April, 2005, I hereby certify that I h ve served the within document upon Defendants/Counsel of Record by sending a true an correct copy of the same to her/him via First Class United States mail, postage prepai ,and addressed as follows: First Class U.S. Mail: Donald R. Dorer, Esq. JACOBS & ASSOCIA TES 214 Senate Aveue Suite 503 Camp Hill, PA 17011 HANDLER, H NNING & ROSEN ERG, LLP <--- Marti Iben, egal Secretary to Stephen G. Held, Esquire n (,,~ -"'I") ~. < '~:,; r;' ~" ~:",,' ......, CJ "'" e-" ~ :;0 , C1' ~ ~ .... :;x. o 11 -I :r>n f1'1F::.": -Om "~}\..? C),() ~~j'~S~ ~;~')n'\ ~\ );3 ""< Cf? - 4 Stephen G. Held, Esquire Attorney J.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Lingleslown R.oad Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW De'fendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 30. This is a paragraph of incorporation to which no response is required, 31, The ave~ment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby . denied, By way of amplification, Plaintiffs' claims are barred neither whole, nor in part, by the Pennsylvania Motor Vehicle Financial Responsibility Law, , J 32. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it admitted in part, and denied in part. It is admitted that the lawsuit was commenced by the filing of a Praecipe for Writ of Summons as to Defendant George J, Kopko only on January 6,2005. It is also admitt~d that service was obtained on Defendant George J. Kopko on January i 10, 2005.lt is also admitted that a complaint was filed against Defendants George J, Kopko \ and Ann Elizabeth Kopko on April 6, 2005. It is also admitted that according to 42 ! Pa,C.SA ~5524, the applicable Statute of Limitations would have expired on January 23, \2005, prior to institution of suit against Defendant Ann Elizabeth Kopko. However, the , \statute of limitations had been tolled as to Defendant Ann Elizabeth Kopko by fraud or I Intentional conc~alment on the part of Defendants' insurer as to the identity of the driver. , pee, e.g. Montanva v. McGonegal, 2000 Pa, Super. 213, 757 A.2d 947 (2000); Hubert v, ! ~reenwald, 743 A.2d 977 (Pa.Super 1999), appeal den. 563 Pa, 688, 760 A.2d 854 ~2000), WHEREFORE, Plaintiffs pray this Honorable Court Dismiss Defendants' New ~atter, and enter judgment in their favor. Respectfully Submitted, HANDLER, HEN G & ROSENBERG, LLP < D~te: yq~q(O ) ./ By: ~ Step Held, Esquire Attorney I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs I VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (e) STEPHEN G. HELD, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he i represents lacks sufficient knowledge or information upon which to make a verification , " \ and/or because he has greater personal knowledge ofthe information and belief than that I \ of the party for whom he makes this affidavit; and that he has sufficient knowledge or ! I information and belief, based upon his investigation ofthe matters averred or denied in the i lforegoing document; and that this statement is made subject to the penalties of 18 Pa C.S. IS4904 relating to unsworn falsification to authorities, \Date:~ 6-" (6 5 ~ESQUIRE Stephen G. Held, Esquire Attorney 1.0. No, 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELO@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION. LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 29th day of April, 2005, I hereby certify that I have served the within ~ocument upon Defendant/Counsel of Record by sending a true and correct copy of the same to her/him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Donald R Dorer, Esq. 214 Senate Avenue Suite 503 Camp Hill, PA 17011 J /1 L/ /p{ M Marti Iben, Legal Secretary to Stephen G. Held, Esquire NG & ROSENBERG, LLP (") c "'" 0 73 -n <"," ::::! ~~ ff,p AJ 'b -r) f:9 ~~.. ~) ~~ . . ~t~ =i~ 1- i~., ,'" :~~'~ >-r~ , , :.:::.t 20 :-<: ~- ::.::1 c;;) CJ ..!;- ~-~ 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED \ NOTICE \YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following ages, you must take action within twenty (20) days after this Answer with New Matter of Defendants to laintiff sCorn laint and Notice are served by entering a written appearance personally or by attorney and lling in writing with the court your defenses or objections to the claims set forth against you. You are arned that if you fail to do so, the case may proceed without you, and a judgment may be entered against ou by the court without further notice for any money claimed in the Answer with New Matter of efendants to Plaintiff s Com laint or for any other claim or relief requested by the Plainti If. You may ose 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty A venue Carlisle, PAl 70 13 (717) 249-3166 1-800-990-9108 OSHB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED NonciA Le han demandado a usted an la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de ]a fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita ~s defensas 0 sus objeciones alas demandas en contra de su persona, Sea avisado gue si usted no se defienda, a corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier eja 0 alivio gue es pedido en Ja peticion de demanda, Usted puede perder dinero 0 sus propiedades a atros erechos importantes para usted. LLEVE EST A DEMANDA A UN ABODAGO INMEDIAT AMENTE. SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 ~LAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUNEN1RA ESCRIT A ABAJO 'I ARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ! CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 1-800-990-9108 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that, at all times material hereto, Defendant, Ann Elizabeth Kopko was i I i ~e operator of a 1995 Chevrolet Caprice, bearing Pennsylvania registration plate number I ~TS 1117, which vehicle was owned by Defendants herein, All other allegations deemed factual I i it nature in paragraph 5 are generally denied pursuant to Pa.R.C.P. sl029(e). i 6-10, Denied. Paragraphs 6 through 10 of Plaintiff s Complaint are generally denied pursuant to Pa.R,C.P. gI029(e). 11. Paragraphs 1 through 10 are incorporated herein by reference, and made a part hereof as if set forth in full. 12-19. Denied, Paragraphs 12 through 19 of Plaintiffs Complaint are generally denied pursuant to Pa.R.c.P, sI029(e). 20, Paragraphs 1 through 19 are incorporated herein by reference, and made a part hereof as if set forth in fulL I I I 21. Admitted. , 22-29. Denied. Paragraphs 22 through 29 of Plaintiffs Complaint are generally denied i \pursuant to PaRC.P. s1029(e), NEW MATTER 30. Paragraphs 1 through 29 are incorporated herein by reference, and made a part hereof ~s if set forth in fulL 31, Plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania No.Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial ~esponsibility Law. , , 32. This lawsuit was commenced by the filing of a Praecipe for Writ of Summons as to i ~efendant, George J. Kopko only on January 6, 2005, with the Writ of Summons issued on same d4te lawfully served upon Defendant, George J. Kopko on our about January 10, 2005. I F1110Wing the filing of an Entry of Appearance and Rule to File Complaint by Defendants' 2 counsel on March 16,2005 as to Defendant, George J. Kopko only, the Plaintiff filed a Complaint as to both Defendants, George J, Kopko and Ann Elizabeth Kopkol on or about April 6,2005. Inasmuch as the motor vehicle accident forming the basis of Plaintiffs Complaint occurred on January 23,2003, the claims ofthe Plaintiff as to Defendant, Ann Elizabeth Kopko, are barred by the applicable Statute of Limitations, 42 Pa.C.S.A. 95524. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs Complaint, and to enter judgment against the Plaintiff and in favor ofthe Defendant. i I , Fate: Anril 25. 2005 By:' onald R. Dorer, Esquire Attorney for Defendant Court 1.D.39126 1 he Defendant, Ann Elizabeth Kopko, hereby waives any defenses with respect to the failure ofIawful service of ori inal process as to her. Pa. R.C.P. 402. 3 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTV, PENNSVLV ANI A VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendants i In this action, and is authOlized to verify that the statements made in the foregoing pleading are I true and correct to the best of his knowledge, information and belief. The undersigned , i , ~nderstands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 94904 I klating to unsworn falsification to authorities. 4ate: April 25. 2005 f ;1 ,.' ,U Donald R. Dorer, Esqui Attorney for Defendants Court 1.D, 39126 OSHB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants \ herein, and that he caused a true and correct copy of the attached Answer with New Matter of \Defendants to Plaintiffs Complaint to be served by regular first class mail upon: ! Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, P A 1711 0 Attorney for Plai~tijf Vi i , , ~ate: April 25, 2005 Donald R. Dorer, Esquire Attorney for Defendants --........ ....' (~c? ~ ::;.;: :;." ~,-< c, , N o .,. ::rJ-, r11,;:o -0 Pi -.L,1'"7 ~1cJ -.,.J"r. ..~... -n ()-:::; :Z::S.A ,')' ;"::.\ ~o :..: ~': -',~ o (~, c.f' . 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 'Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ! ~O THE PROTHONOTARY: ! PRAECIPE TO SUBSTITUTE VERIFICATION Kindly substitute the attached Verification to Answer with New Matter of Defendants to I rlaintiffs Complaint for the attorney's Verification that had been filed with the Court on or ~bout May 2,2005, Respectfully submitted, S & ASSOCIATES i ~ate: May 4. 2005 By: Donald R. Dorer, E quire 214 Senate Avenue Suite 503 Camp Hill, P A 17011 Telephone No, (717) 731-0988 Identification No. 39126 Attorney for Defendants 05HB.00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Nnmber: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTlFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CiVIL TERM GEORGE J. KOPKO, ANN ELlZABETH KOPKO, DEFENDANTS CiVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION \ I I the foregoing Answer with New Matter of Defendants to Plaintiff's Complaint which are We, George J, Kopko and Ann Elizabeth Kopko, verify that the statements made in within the personal knowledge of the undersigned, are true and correct, and as to the facts ased on the information of others, the undersigned, after diligent inquiry, believe them to be rue. And further, this Verification is signed on the recommendation of my attorneys, who ~dvise me that the allegations and language in this document are required legally to raise issues ror resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on (heir advice. I We understand that all statements herein are made subject to the penalties of 18 fa.C.S.A. ~4904, relating to unsworn falsifications to authorities, . i. /:' /J~j/ pated: .s-/-- 05 (Q(ff€ J:..DyO'itO I George J . p~ I I i l(ated: _~/-O;- I I I I MAY - ,) ~,,, "1 r, 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 ! Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED I I I I I I Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants ~erein, and that he caused a true and correct copy ofthe attached Praecipe to Substitute CERTIFICATE OF SERVICE erification to be served by regular first class mail upon: Stephen G. Held, Esquire Handler, Helming & Rosenberg 1300 Ling1estown Road Harrisburg, P A 17110 Attorney for Plaintiff ~ate: Mav 4. 2005 Donald R. orer, Esquire Attorney for Defendants (? """ C-=' ('.:.=0 .;;.,.1 ~ J en c:;; -n ..... -:r:--r; h'l r~:: "\ i\~~_\ ',Cl -q ::t:; r:'? f',' Stephen G. Held, Esquire Attorney !.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05.102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL AC:TION . LAW Defendants JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO AMEND WRIT OF SUMMONS AND NOW comes the Plaintiff, by and through his attorney, Stephen G. Held Esquire, who moves this Court Amend The Writ of Summons filed 1/6/05 pursuant to Pa. R.C.P 1033, and in support thereof avers the following: 1. Plaintiff commenced this action by writ of summons filed on January 6, 2005, personal injuries as a result of a Motor vehicle collision which occurred January 23, 2005. A true and correct copy of the aforementioned writ is attached as Exhibit "A". 2. In the aforementioned writ, Defendant George J. Kopko only was named. 3. Service of this writ was obtained on January 10, 2005 by the Sheriff of Cumberland County by handing a copy of the aforementioned writ to the Defendant George J. Kopko at his residence located at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania. 4. By mistake of Plaintiff's counsel contributed by letter from Defendant's insurance carrier dated February 13, 2003 which identified a settlement offer to Plaintiff on behalf Defendant George J. Kopko as "Our Insured," Plaintiff's counsel filed the writ against Defendant George J. Kopko. The aforernentioned letter is attached as Exhibit "B". 5. After expiration of the Statute of limitations, but prior to the filing of the Complaint, Plaintiff's counsel became aware that Ann Elizabeth Kopko was actually driving Defendant George J. Kopko's vehicle at the time of the accident. 6. Plaintiff's counsel filed a complaint on April 6, 2005, also naming Ann Elizabeth Kopko as a Defendant. A true and correct copy of the aforementioned complaint is attached as Exhibit "C." 7. Defendant filed a timely Answer with New Matter, pleading inter alia Statute of Limitations. A true and correct copy of Defendants' new matter is attached as Exhibit "D." 8. Defendants waived any errors of service of the Complaint in footnote 1 located in paragraph 32 of their Answer with New Matter. 9. Plaintiff filed Plaintiff's Reply to Defendants' New Matter on April 32 [sic], 2005. A true and correct copy of Plaintiff's Reply to Defendants' New Matter is attached as Exhibit "E." , 10. Ann Elizabeth Kopko is married to George J. Kopko, and resides at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania with Defendant George J. Kopko. 11. Generally, amendment of a pleading shall be granted liberally under Pa. R.C.P. 1033. 12. An amendment which is ostensibly for the purpose of correcting the name of a party may be allowed in some instances, despite the running of the statute of limitations, where the intended defendant actually received timely service of original process despite the misdesignation of the party in the complaint or the summons so as to have actual notice of the suit. Wauqh v. Steelton Taxicab Co., 371 Pa. 436, 89 A.2d 527 (1952); Thomas bvThomas v. Duquesne Liqht Co., 376 Pa. Super. 1, 545A.2d 289 (1988), aooeal qranted, 522 Pa. 613, 563 A.2d 498 (1989) and apoeal qranted, 522 Pa. 614, 563 A.2d 499 (1989) and aff'd and remanded, 528 Pa. 113,595 A.2d 56 (1991). 13. Likewise, the statute of limitations had been tolled as to Defendant Ann Elizabeth Kopko by fraud or intentional concealment on the part of Defendants' insurer as to the identity of the driver as evidenced by Exhibit "B". See, e.g. Montanva v. McGonegal, 2000 Pa. Super. 213, 757 A.2d 947 (2000); Hubert v. Greenwald, 743 A.2d 977 (Pa.Super 1999), appeal den. 563 Pa. 688, 760 A.2d 854 (2000). 14. Defendant Ann Elizabeth Kopko would not suffElr prejudice by the proposed amendment, while Plaintiff Manuel Rodriguez would be substantially prejudiced if the amendment were not granted. , WHEREFORE, Plaintiffs pray this Honorable Court grant Plaintiff's motion to amend the Writ of Summons and correct the name GeorgeJ Kopko to Ann Elizabeth Kopko. Date:-1{ d- \{ oj Respectfully Submitted, ::-DLER~~SENBERG'LLP Steplien G. Held, Esquire Attorney II.D. # 72663 1300 Lin~llestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff , VERIFICATION PURSUANT TO PA R.C.P. NO. '\024 (c) STEPHEN G. HELD, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation ofthe matters averred or denied in the foregoing document; and that this statement is made subjed to the penalties of 18 Pa C.S. ~4904 relating to unsworn falsification to authorities. STE~' ESQUIRE Date~ ." Stephen G. Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION. LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 4th day of September, 2005, I hereby certify that I have served the within document upon Defendant/Counsel of Record by sending a true and correct copy of the same to her/him via First Class United Statt~s mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Donald R. Dorer, Esq. 214 Senate Avenue Suite 503 Camp Hill, PA 17011 R, HENNING & ROSENBERG, LLP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.D.L:::.-J.6J.- Civil Action - (XX) Law ( )Equity Cl'uJ'--r~ Manuel Rodriguez 2458 Emerald Court Harrisburg, PA 17104 George J. Kopko 1901 Kent Drive Camp Hill, PA 17011 v. Piaintiff Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. L Writ of Summons Shall be issued and forwarded to ( )Attomey (XX )Sheriff o Si n tur 0 :A.ttorney Supreme Court ID No. 72663 Steohen G. Held. Esauire 1300 Linalestown Road Harrisbura, PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney (') r-.:> () = ~~ c--' -'01 c.n ^'"(; {{~ L.. --1 :r.: nl I I ";f:;;.;- rn ,l ...;~ -"'" F~ ~- i-n -;7 I -0- " 1 :::0 ~l '..)! 0"\ r'~ ~, -' ~~~:; <" "----I :,T: -',-; OJ;; -'0 :D _'c. j-') j> ;:~ fI", C:? ...../ ..--I 0 ~Q <:::) '.'., Date: January 4. 2005 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFn: ;MMEN ACTION AGAINST YOU. , ) Prothon ary Date: ..... ::::u) {o :J .0A. c:; by I ( ) Check here if reverse is used for additional information PROTHON. - 55 ~'~l! ~ ~"" ~ A , ..' tJ", ,,-,opy FPOA . , kf .4,,:d""J~"'''.. t l,~;AI R,r::t~("':l':t'n '.. . '~':"'ILi'UWiji" WiWnKl / b-,.;"".. . " ."..""""",,~.} l'''!,{;,.,~, ,*'1';/'''/ " ''''''ll w'tn.",; I ," ", I.", ;[1" " 01 ~O,I.. r. ' '" 1:i", nW.tJlI'rj l,' ...........OU """\' ' , ... , Ill!> '-" ." WI ,,~ill p... _...ay , ... c P.O. Box 2655 · 1000 Nalionwide Drive · Hanisburg, PA 17015 February 13,2003 Manu.1 Rodriguez 2458 Emerald Court Hanisburg, PA 17104 YOUR CLIENT: Manuel Rodriguez OUR INSURED: George J Kopko OUR CLAIM NUMBER : 5837 D 0424190123200301 DATE OF LOSS: 01-23-2003 This letter is to confinn my offer of$ 1,000.00 in settlement of your claim against our insured for the above accident. . Please call me with a response as soon as possible. ?:;4 NATIONWIDE MUTUAL INSURANCE COMPANY Cindy Fenmlz (pA-02-19) Claims Department (717)921-8961 Any person who knowingly and with inlenllo defraud any insurance company or other person files 811 application far insmanI:e or statement of claim containing any materially ftIlse information or conceals for the purpose of maleadiDg, information concerning any fact material thereto commits a fraudulent insurance act, which . 8iId BIlbjectS such a person to criminal and civil penalties. 0D90 .ODQJ5J.o1 ~ o () F:\WP Directorles\BWS\Complaints\MV AllnlerseclionlRodriguez, T .Bone.wpd Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM (") ~~ tlr~:' cOU'i ..:~. --', ~2: "'):i:C) Z(-. :P'c :z ::;! to-> = c.> ~ ". -0 ::v I '" o ," -l ::r::!'l rill :::?'1, o _., .J :;r-.: 4, ~:;?~5 ('yn ::;-1 ~n -< ".. ::!l: 0:> Attorney for Plaintiff MANUEL RODRIGUEZ, Plaintiff v. GEORGE J. KOPKO, ANN ELIZABETH KOPKO Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 05-102 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Manual Rodriguez:, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and make the within Complaint against the Defendants, George J. Kopko and Ann Elizabeth Kopko, and aver as follows: 1. Plaintiff, Manual Rodriguez, is an adult individual currently residing at 2458 Emerald Court, Harrisburg, Dauphin County, Pennsylvania 17104: 2. Defendant, George J. Kopko, is an adult individual currently residing at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant, Ann Elizabeth Kopko, is an adult individual currently residing at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 4. At all times material hereto, Plaintiff, Manual Rodriguez, was the operator of a 2002 Chevrolet Passenger Van, bearing Pennsylvania Registration Plate Number EPA5944, which was owned by Enterprise Rent A Car. (hereinafter referred to as "Plaintiff's vehicle"). 5. At all times material hereto, either Defendant Ann Elizabeth Kopko or Defendant, George J. Kopko, was operator of a 1995 Chevrolet Caprice, bearing Pennsylvania Registration Plate Number ETS 1117 (hereinafter referred to as "Defendant's vehicle") owned by Defendant's George J. Kopko and Ann Elizabeth Kopko. 6. At the time of the collision, Plaintiff, Manual Rodriguez, was insured under a motor vehicle policy through Travelers Insurance Company. Plaintiff was covered by the Full Tort Option. 7. On or about January 23,2003, at approximately 1 :55pm, Plaintiff's vehicle, was traveling on Trindle Road near the intersection of Brian Road, Hampton Township, Cumberland County, Pennsylvania. 8. On or about January 23,2003, at approximately 1 :55pm, Defendant's vehicle, was traveling on Brian Road near the intersection Trinclle Road, Hampton Township, Cumberland County, Pennsylvania. -2- 9. At approximately the same time and place, as Plaintiff's vehicle was lawfully traveling along Trindle Road, Defendant's vehicle suddenly and without warning proceeded to attempt to enter the far travel lane of Trindle Road whereby before this action could be completed Defendant's vehicle suddenly and without warning drove into the path of and collided with Plaintiff's vehicle. 10. As a direct and proximate result ofthe negligl3nce of Defendants, the Plaintiff, Manual Rodriguez, sustained serious and extensive injuries as set forth more specifically below. COUNTI.NEGUGENC~ MANUEL RODRIGUEZ v. ANN EUZABETH KOPKO 11. Paragraphs 1 through 10 are incorporated herein as if set forth at length. 12. The occurrence ofthe aforesaid collision and the resultant injuries to Plaintiff, Manual Rodriguez, were caused directly and proximately by the negligence of Defendant, Ann Elizabeth Kopko, more specifically, as set forth below: (a) In failing to yield the legal right-of-way to Plaintiff's vehicle in, violation of 75 Pa.C.S.A. ~ 3324; (b) In failing to be reasonably vigilant to observe Plaintiff's vehicle; (c) In failing to properly and adequately observe the traffic conditions then and there existing; (d) In driving in a careless manner in violation of 75 Pa. C.S.A. ~ 3714; (e) In failing to operate said vehicle in such a manner that would allow Defendant to apply the brakes and stop before pulling in front of -3- Plaintiff's vehicle; (f) In failing to operate Defendant's vehicle under proper and adequate control so that Defendant could avoid striking Plaintiff's vehicle; (g) In failing to keep a proper lookout for vehicles lawfully proceeding in the opposite direction; (h) In driving his vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; (i) In negligently driving his vehicle into the intersection of Trindle Road and Brian Road without properly stopping; 0) In failing to enter a through highway without looking both ways for approaching traffic before entering and to continue to look as she advanced through the intersection; (k) In failing to exercise the high degrel3 of care required of a motorist entering an intersection; (I) In failing to stop at a properly posted Stop sign controlling the intersection, in violation of Pa.C.S.A. 93323(b); (m) In failing to be reasonably vigilant and slowly pull forward to a point where she had a clear view of approaching traffic, in violation of 75 Pa.C.S.A. 9 3323(b); and (n) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing. -4- 13. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, sustained severe injuries, including, but not limited to, bilateral leg pain, lower back, shoulder and cervical back/neck injuries. 14. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Manuel Rodriguez has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period oftime in the future, to his great physical, emotional, and financial detriment and loss. 15. As a direct and proximate result of the Dl3fendant's negligence, Plaintiff, Manuel Rodriguez, has suffered lost wages and will in thE~ future continue to suffer a loss of income and/or loss of earning capacity. 16. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 17. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 18. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 19. Plaintiff, Manuel Rodriguez, believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Manuel Rodriguez, seeks damages from Defendant, Ann -5- Elizabeth Kopko, in an amount in excess ofthe compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. COUNT II - NEGLIGENT ENTRUSTMENT MANUAL RODRIGUEZ v. GEORGE J. KOPKO 20. Paragraphs 1 through 19 are incorporated herein as if set forth at length. 21. At all times material hereto, Defendant, George J. Kopko, owned Defendant's vehicle. 22. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Manual Rodriguez, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the DefEindant, George Kopko, generally and more specifically, as set forth below: (a) In allowing Ann Elizabeth Kopko to fail to be reasonably vigilant to observe Plaintiff's vehicle; (b) In allowing Ann Elizabeth Kopko to fail to be reasonably vigilant to observe vehicles lawfully proceeding on Trindle Road; (c) In allowing Ann Elizabeth Kopko to fail to properly and adequately observe the traffic conditions then and there existing; (d) In allowing Ann Elizabeth Kopko to drive in a careless manner, in violation of 75 Pa. C.S.A. 93714; (e) I n allowing Ann Elizabeth Kopko to fail to operate Defendant's vehicle under proper and adequate control in order to avoid striking Plaintiff's vehicle; (f) In allowing Ann Elizabeth Kopko to fail to operate a motor vehicle -6- under proper and adequate control in order to avoid a collision; (g) In allowing Ann Elizabeth Kopko to fail to exercise reasonable care in the operation and control of a motor vehicle, in violation of 75 Pa. C.S.A. S 3309; (h) In allowing Ann Elizabeth Kopko to fail to exercise the high degree of care required of an operator of a motor vehicle; (i) In allowing Ann Elizabeth Kopko to fail to yield the right-of-way to Plaintiff's vehicle; and 0) In allowing Ann Elizabeth Kopko to fail to drive with due regard for the safety of all persons in violation of 7!5 Pa. C.S.A. ~ 3105. 23. As a direct and proximate result of the negli~lence of the Defendant, George Kopko, Plaintiff, Manual Rodriguez, sustained severe injuries including, but not limited to, bilateral leg pain, lower back, shoulder and cervical back/neck injuries. 24. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez, has been, and will in the future be, hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation and embarrassment. 25. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 26. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez, has suffered lost wages and will in the future continue to suffer a loss of income -7- and/or loss of earning capacity. 27. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez, has been compelled, in orderto effect a cure forthe aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 28. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez has suffered a loss of life's pleasures, and will continue to endure the same in the future to his great detriment and loss. 29. Plaintiff, Manual Rodriguez, believes and therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Manual Rodriguez, seeks damages from Defendant, George Kopko, in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP Date: Y;P{!J 5 ~ By ~IJ, JJW -4lf/V- f Stephen Gi. Held, Esquire Attorney I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238..2000 Attorney for Plaintiff -8- VERIFICATION The undersigned hereby verifies that the stateml3nts in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. i #' i ,/;._ IROd'~"e;' 7~--' Date:)~) 1- /~ o Stephen G. Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Lingtestown Road Harrisburg, PA 17110 Tete: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6th day of April, 2005, I hereby certify that I have served the within document upon Defendants/Counsel of Record by sending a true and correct copy of the same to her/him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Donald R. Dorer, Esq. JACOBS & ASSOCIATES 214 Senate Aveue Suite 503 Camp Hill, PA 17011 7 JA y f/ - .,--- ~'L-r Marti Iben, egal Secretary to Stephen G. Held, Esquire NNING & ROSENBERG, LLP 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKQ, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAIL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that, at all times material hereto, Defendant, Ann Elizabeth Kopko was the operator of a 1995 Chevrolet Caprice, bearing Pennsylvania registration plate number ETS 111 7, which vehicle was owned by Defendants herein. All other allegations deemed factual in nature in paragraph 5 are generally denied pursuant to Pa.R.C.P. S l029(e). 6-10. Denied. Paragraphs 6 through 10 of Plaintiffs Complaint are generally denied pursuant to Pa.R.C.P. 91029(e). 11. Paragraphs 1 through 10 are incorporated herein by reference, and made a part hereof as if set forth in full. 12-19. Denied. Paragraphs 12 through 19 of Plaintiffs Complaint are generally denied pursuant to Pa,R.C.P. 91029(e). 20. Paragraphs 1 through 19 are incorporated herein by reference, and made a part hereof as if set forth in full. 21. Admitted. 22-29. Denied. Paragraphs 22 through 29 of Plaintiffs Complaint are generally denied pursuant to Pa,R.C.P. 91029(e). NEW MATTER 30. Paragraphs 1 through 29 are incorporated herein by reference, and made a part hereof as if set forth in full. 31. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. This lawsuit was commenced by the filing of a Praecipe for Writ of Summons as to Defendant, George J. Kopko only on January 6, 2005, with the Writ of Summons issued on same date lawfully served upon Defendant, George J. Kopko on our about January 10, 2005. Following the filing of an Entry of Appearance and Rule to File Complaint by Defendants' 2 counsel on March 16,2005 as to Defendant, George J. Kopko only, the Plaintiff filed a Complaint as to both Defendants, George J. Kopko and Ann Elizabeth Kopkol on or about April 6,2005. Inasmuch as the motor vehicle accident forming the basis of Plaintiffs Complaint occurred on January 23,2003, the claims of the Plaintiff as to Defendant, Ann Elizabeth Kopko, are barred by the applicable Statute of Limitations, 42 Pa.C.S.A. 95524. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. Date: Aori125.2005 By: onald R. Dorer, Esquir Attorney for Defendant Court I.D.39l26 I The Defendant, Ann Elizabeth Kopko, hereby waives any defenses with Iespect to the failure of lawful service of original process as to her. Pa. R.C.P. 402. 3 OSHB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. OS-1m: CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendants in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C,S.A. *4904 relating to unsworn falsification to authorities. Date: Anril 25. 2005 Donald R. Dorer, Esqui Attorney for Defendants Court J.D. 39126 05HB.00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-10~: CIVIL TERM GEORGE J. KOPKO, .ANN ELIZABETH KOPKO DEFENDANT CIVIL ACTION - LAW JURY TRIAL, DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendants to Plaintiffs Complaint to be served by regular first class mail upon: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Date: April 25. 2005 ( Donald R Dorer, Esquire Attorney for Defendants ~ o () (") ...., = 0 C~ co -n ~:'.'" U"O -oi;:~J ".. :i! r'nf~': -0 ;.:>. :;;rJ m-n .'n JiFii :2 W (1; BY' ~. ,'-' S; ",. ~~ ~1~ ::r: ('5 :rJ .,,>.0 '~rn co C) ;.:..;: :j;! -:;I C) ~ -, .;:- -< Stephen G. Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW Dfifendants JURY TRIAL DEMANDED .! PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 30. This is a paragraph of incorporation to which no response is required. ., 31. The ave~ment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' claims are barred neither whole, nor in part, by the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it admitted in part, and denied in part. It is admitted that the lawsuit was commenced by the filing of a Praecipe for Writ of Summons as to Defendant George J. Kopko only on January 6, 2005. It is also admitted that service was obtained on Defendant George J. Kopko on January l 10, 2005.lt is also admitted that a complaint was filed against Defendants George J. Kopko and Ann Elizabeth Kopko on April 6, 2005. It is also admitted that according to 42 Pa.C.S.A. ~5524, the applicable Statute of Limitations would have expired on January 23, 2005, prior to institution of suit against Defendant Ann Elizabeth Kopko. However, the statute of limitations had been tolled as to Defendant Ann Elizabeth Kopko by fraud or intentional concealment on the part of Defendants' insurer as to the identity of the driver. See, e.g. Montanva v. McGoneqal, 2000 Pa. Super. 213, -r57 A.2d 947 (2000); Hubert v. Greenwald, 743: A.2d 977 (Pa.Super 1999), appeal den. 563 Pa. 688, 760 A.2d 854 (2000). WHEREFORE, Plaintiffs pray this Honorable Court Dismiss Defendants' New Matter, and enter judgment in their favor. ~l'~q(O ) ../ Respectfully Submitted, HANDLER, HENrG & ROSENBERG, LLP Date: By: i Step e 3 Held, Esquire Attorney I.D. # 72663 1300 Linqlestown Road Harrisbun~, PA 17110 (717) 238-2000 Attorney tor Plaintiffs VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 Ie) STEPHEN G. HELD, ESQUIRE, states that he is the attorney forthe party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that hiS has sufficient knowledge or information and belief, based upon his investigation of the lTIatters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. ~4904 relating to unsworn falsification to authorities. Date: L-{ (d--~ (65 ~~ ESQUIRE Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Piaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05.1 02~ GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION. LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE, AND NOW, this 29th day of April, 2005, I hereby certify that I have served the within document upon Defendant/Counsel of Record by sending a true and correct copy of the same to her/him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Donald R. Dorer, Esq. 214 Senate Avenue Suite 503 Camp Hill, PA 17011 HANDLER, HEN lNG &. ROSENBERG, LLP ,.1 c/ ~/ ~~ Marti Iben, Legal Secretary to Stephen G. Held, Esquire ri (") ~; ...., C:~ ~~~'1 ~..r'1 U') pi -U t'.) \.0 "i ."" -0 ~ =r~ rT1-:.~ ,-- I::) ~>~ -:J .~ ) n ...;,." (:~ Cy r.;> '-::~ "i:o, '0 "< L) RECEIVED SfP 3 0 ZOC~ 'o/ft^ MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05.102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION. LAW Defendants JURY TRIAL DEMANDED ORDER AND NOW this tftIbaYOf t1 doh t.lC..2oo1' ~on CO~)d~t:on ofPI(aintiff~ Mot!n to amend writ of Summons, iRid ~tH :-:""Ofu~t~g, ~~ ~!:j&...:~ F' ;T~t~D ftd::: a::~.--t:vn Ea~ll ile ~~g8a ~rga#:~::;: ~~sg~~~~ ?o <if'. L(. I B ~ I~ v. ~~ ~ ~:>>-j Jb~~~ c- J. rron~~(. ~{O-~'~ ~;v/I- t~ ~_~O . O~. 'iA/V--- ~ - "T. 2 S :21!!d 11_ 1:]0 SOOZ ^H1jI'lCi\jC;;'i.'D~:d ~Hl :10 ;::::H:>]-o:mJ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MANUEL RODRIGUEZ, v. No.: 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 5th day of October, 2005, I hereby certify that I have served the within document upon Counsel for Defendant by sending a true and correct copy of the same to him via First Class United States mail, postage prepaid, and addressed as follows: First Class U. S. Mail: Donald R. Dorer, Esquire Jacobs & Associates 214 Senate Avenue Ste 503 Camp Hill, PA 17011 HANDLER, HENNING & ROSENBERG, LLP '-1Y1()~tA \A)10~/\ Maria Wells, Legal Secretary to Stephen G. Held, Esquire Dated: October 5, 2005 "'-1"0,-,, '-"'" v..... u ~ l..Vu. Vl;\~ MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED ORDER AND NOW ili. 'f!:lb,y ,f L1 d~ ve.200;~?" :"~':;;~O" "PI",,';!", MO!" " amend writ of Summons, !laia alEtou;: 0:iR.. ~xtE-a, ^~ ~~:;&...:;" /~~B(fL ~;~.-ti{,n IlR~l~ ~:nge~ ~'8Q#/::;~ ~;~~gt:b h; ~~~ ?o <i(. t.( I . ~ I~ V- ~~~~ Jb ~~~ c-- J. VOn~ . ~;v/l- t~ ~~ 'T. ~=-=----- n c~ '. ,..., c::, cc..-:; '-" C-:I C--:l -"j C"J ":::;['\ ....; _.j- 1:1 _J c:~) 1',,) Q f 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, George J. Kopko and Ann Elizabeth Kopko MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA vs. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANTS, GEORGE J. KOPKO AND ANN ELIZABETH KOPKO TO PLAINTIFF'S MOTION TO AMEND WRIT OF SUMMONS AND NOW, come the Defendants by and through their counsel, Donald R. Dorer, Esquire, Jacobs & Associates, Camp Hill, Pennsylvania, who respectfully stated as follows: 1. Admitted in part. It is admitted only that the Plaintiff commenced this action by the filing of a Writ of Summons on January 6, 2005 with regard to a certain motor vehicle accident occurring on January 23, 2003.1 2. Admitted as stated. 1 A reference to "January 23,2005" in Plaintiffs Motion to Amend Writ of Summons appears to be a typographical or clerical error. The correct date of the incident in question is January 23, 2003. 3. Admitted as stated. 4. Admitted in part, denied in part. It is admitted only that the Plaintiff, through his counsel, filed a Writ of Summons as to Defendant, George J. Kopko, only on January 6, 2005. It is further admitted that a claim representative ofthe Defendants' insurance carrier sent the letter of February 13, 2003 attached as Exhibit "B" to Plaintiffs Motion to Amend Writ of Summons. Otherwise, the Defendants are without sufficient information to form a belief as to the truth or veracity of the remaining allegations in this paragraph which may be deemed factual in nature; therefore, strict proof thereof is demanded if relevant to disposition of Plaintiff s Motion to Amend Writ of Summons. 5. Denied. The Defendants are not able to form a belief as to the truth or veracity of the allegations concerning the state of mind of Plaintiffs counsel during the time period relevant to the disposition of within the Motion. By way of further statement, the Plaintiff, Manuel Rodriguez, himself had actual and direct knowledge that Defendant, Ann Elizabeth Kopko, was the driver of Defendants' vehicle at the time of the motor vehicle accident of January 23,2003. 6. Admitted. It is admitted only that Plaintiffs counsel filed a Complaint on April 6, 2005, also naming Ann Elizabeth Kopko as a Defendant. 7. Admitted. 8. Admitted as stated. 9. Admitted. It is admitted only that Plaintiff filed Plaintiff s Reply to Defendants' New Matter on or about April 30, 2005. 10. Admitted. 11. Paragraph 11 sets forth a conclusion of law as to which no response is required by answering Defendants. 12. Denied. Paragraph 12 sets forth a conclusion oflaw as to which no response is required by answering Defendants. However, by way of further response, under the law, amendments to correct the name or designation of a party correctly sued may be allowed, but amendments subsequent to the expiration of the statute of limitations are not allowed to substitute a new and distinct party to the lawsuit. In Thomas by Thomas v. Duquesne Light Co., 376 Pa. Super. 1,545 A.2d 289 (1988), it was held that "because the plaintiff sued the proper party, but incorrectly designated that party as a sole proprietorship, the trial court should have allowed an amendment to correct the designation of the defendant as a corporation." 545 A.2d at 292. 13. Denied. It is specifically and categorically denied that the statute of limitations have been tolled as to Defendant, Ann Elizabeth Kopko, by fraud or intentional concealment on the part of Defendants' insurer as to the identity of the driver as evidenced by the letter from a claims representative of Defendants' insurer dated February 13, 2003, attached as Exhibit "B" to Plaintiffs Motion to Amend Writ of Summons. See, e.g., Montanya v. McGonega1, 757 A.2d 947,951 (Pa. Super 2000). 14. Denied. Paragraph 14 sets forth a conclusion oflaw as to which no response is required by answering Defendants. However, by way of further statement, the granting of Plaintiff's Motion to Amend Writ of Summons subsequent to the expiration of the statute of limitations on January 23,2005 would cause severe prejudice to Defendant, Ann Elizabeth Kopko, and would deprive her of a substantive legal right. WHEREFORE, it is respectfully prayed that this Honorable Court deny Plaintiff's Motion to Amend Writ of Summons. NEW MATTER 15. Paragraphs I through 14 are incorporated herein by reference, and made a part hereof as if set forth in full. 16. The Plaintiff, Manuel Rodriguez, had actual and direct knowledge as to the proper identity of the driver of Defendants' vehicle at the time of the motor vehicle accident of January 23,2003 as the Defendant, Ann Elizabeth Kopko. The transcript of the deposition of the Plaintiff, Manual Rodriguez, taken on October 10, 2005 (pp. 1-3, 11-23) is attached hereto as Exhibit "A" and is incorporated by reference as if more fully set forth herein. 17. The "Notification of Accident Investigation" report prepared by the Hampden Township Police Department dated January 23,2003 correctly sets forth Defendant, Ann Elizabeth Kopko, as the driver of Defendants' vehicle at the time of the motor vehicle accident. A true and correct copy ofthe Notification of Accident Investigation fonn is attached hereto as Exhibit "B" and is incorporated by reference as if more fully set forth herein.2 2 Exhibit "A" was also identified as Rodriguez deposition Exhibit "1" during the deposition of Plaintiff, Manuel Rodriguez on October 10,2005. 18. In Ferraro vs. McCarthy-Pascuzzo, 777 A.2d 1128,1136 (Pa.Super. 2001), the Court commented: "Simply put, there can be no concealment by the named defendant where the driver is correctly named in the police report." WHEREFORE, it is respectfully prayed that this Honorable Court deny Plaintiffs Motion to Amend Writ of Summons. Respectfully submitted, Date: October 21,2005 By: Dona . Dorer, Esquir Attorney for Defendants Court I.D.39126 \ ^\~ ~ ~ {I:-. 'I VJ 1 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2 MANUEL RODRIGUEZ, 3 PLAINTIFF 4 VS NO. 05-102 5 GEORGE J. KOPKO AND ANN ELIZABETH KOPKO, 6 DEFENDANTS 7 8 9 DEPOSITION OF: MANUEL RODRIGUEZ 10 TAKEN BY: DEFENDANTS 11 BEFORE: DONNA J. FOX, REPORTER NOTARY PUBLIC 12 DATE: OCTOBER 10, 2005, 9:40 A.M. 13 PLACE: HANDLER, HENNING & ROSENBERG, LLP 1300 -LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 14 15 16 17 APPEARANCES: 18 HANDLER, HENNING & ROSENBERG, LLP 19 BY: STEPHEN G. HELD, ESQUIRE 20 FOR - PLAINTIFF 21 JACOBS & ASSOCIATES BY: DONALD R. DORER, ESQUIRE 22 FOR - DEFENDANTS 23 ALSO PRESENT: 24 ;;oj . f '--- ELIZABETH RODRIGUEZ, INTERPRETER 25 .'1U.i' ........~~, ~.-....,'".,."... ',"'""",'...",'.,,,-'.', '.'.'"....;".;.".....,..., ...,...,.,."... 2 10 11 12 13 14 15 16 17 20 21 22 1 TABLE OF CONTENTS 2 WITNESS 3 FOR DEFENDANTS DIRECT 4 Manuel Rodriguez 3 5 6 7 8 9 EXHIBITS RODRIGUEZ EXHIBIT NO. 1 - Notification of Accident Investigation Hampden Township poiice Department 18 19 23 24 25 CROSS PRODUCED AND MARKED 23 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 _,,-?~'................_w.,,~...,j;~.;,~ \_- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, certification and filing are waived; and that all objections except as to the form of the question are reserved to the time of trial. MANUEL RODRIGUEZ, called as a witness, being sworn, testified through a Spanish-speaking interpreter as follows, an asterisk indicating when the deponent answered in English: (Elizabeth Rodriguez sworn as interpreter.) DIRECT EXAMINATION BY MR. DORER: Q Please state your name. Manual Rodriguez. Mr. Rodriguez, my name is Don Dorer. You A* Q understand I am a lawyer, correct? A* Yeah. Q I am the lawyer for Mr. and Mrs. Kopko in the lawsuit you filed against them. Do you understand that? A* Yes. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 -"...............,.,",.._~.......,...'*"'..." 1 2 3 4 5 6 7 8 9 10 11 12 ,..--- 13 ) 14 15 16 17 18 19 20 21 22 23 24 25 11 term versus daily. BY MR. DORER: Q How many people were you driving that day? Fourteen. Fourteen. Fifteen with him. Were some of these employees or employ A* A Q passengers on prison work release programs? Did I see that somewhere? A* Yes. Yes. Allor just some? Some. Not all. A Q A Q Before I came here today, I saw some statements from people who were in your van. And I think at least one person said that they after the accident they just walked away and walked down to where they were supposed to work that day. Do you believe that you were close to. where you were trying to get to when the accident happened? A* Yes. A Q Yes. Since he was driving employees to work, even though he doesn't recall what day of the week it was, was it a weekday as opposed to a weekend; or would he still not know? A It was a weekday. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 10 11 12 13 12 1 I forget if I asked this already, but what Q 2 time of the d~y did the accident happen? 3 He said it was approximately like 1:35, maybe A 4 20 minutes to 2, something like that. 5 How long were people scheduled to work before Q 6 you took them back? 7 They were to work eight hours. A 8 I didn't ask this before, I don't think. But Q 9 where did the trip that afternoon start? A Work release. Q Which is where? A 19th and Gibson. Q What was the weather like that day? 14 He said it was fine. The roads weren't wet or A 15 anything. 16 A clear, dry ,day? Q 17 A* Yes. 18 A Yes. 19 What road were you on when the accident Q 20 happened? 21 He's not sure of the name of it. A 22 Do you know which direction you were traveling Q 23 as far as east, west, south, north? 24 He thinks it was north because he was going to A 25 Camp Hill. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 ~d",iioIr'~.~.' ..,_......,''''''''Ifl;...,..~"..:....''''...._..~:.,:..'~~...., 1 2 3 4 5 6 7 8 9 10 11 12 ') 13 / 14 15 16 17 18 19 20 21 22 23 24 25 13 Q What type of vehicle were you driving? A A Chevy IS-passenger van. Q This van was owned by Support Solutions? A* Yes. Q Mr. Rodriguez, if I told. you that I believed you were traveling on Trindle Road when the accident happened, would that ring a bell, remind you of where you were? A He believes so. Q I also will tell you I believe that you were probably traveling more west than north since you're heading into Camp Hill. Does that make sense to you, or do you still believe you were going north? A He said it could be right. He's not sure because he doesn't travel that way. Q That's my next question. Had he driven employees to Platex before? A Always. Q So you had driven on this road before? A* Yes. A Yes. Q About how many times before approximately? A He used to travel to Platex about three or four times a day transporting and bringing back employees. Q Where the accident happened, what is the speed GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 -~~~~,....._-""", 1 2 3 4 5 6 7 8 9 10 11 12 .". 13 ) 14 15 16 17 18 19 20 21 22 23 24 25 14 limit? A He believes 35 miles. Q How many lanes is Trindle Road where the accident happened? A He said there's one coming this way, one going that way, and then there's another one that goes to the light when you're going to make a left. Q Where is this light? A The light is right at the corner of where he would make a left to go into Platex. Q How far was the accident point from the light where he'd be making the left? A He said 4, 5 meters from where he had to turn before the light. Q Tell me how the accident happened. A He said he was coming straight on the lane going towards the light where he was going to turn to make a left, and there's a stop sign on this side over by where the church is. And he said then the car came out, and he tried to put his brakes on to stop but it was too late. Q The stop sign that he just mentioned or the road that came out, as he's traveling down Trindle, this road is coming from his right-hand side? A It's on the right. As he's going this way, GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 I 13 J ~ 14 15 16 17 18 19 20 21 22 23 24 25 15 the stop sign is coming this way. And he said she's trying to turn to go up, the opposite way that he's going. Q What lane were you in when the lady pulled out apparently intending to go left? A He's coming down on the right-hand side. A* And the lady come this way (indicating.) A Because she wants to come out to turn the opposite way that he's going. Q Were you in the travel lane of Trindle Road or were you in the center turn lane? A He was on the right. He said he still had some time before he would go into the left to the light to turn. So he was traveling on the right-hand side before it turns into the lane that you can turn to make a left' at the light. And he's saying he had like 2 meters before he can get into the other lane that's going to go to the light that turns. Q He was not in the center lane passing other vehicles on his right when the accident happened; he was still in the regular travel lane? A He's saying that the road is still a two-lane before you get to where you can go to go left. So he was still on the right-hand lane going towards getting to the light where he would get into the left and then turn. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 ) 13 --' 14 15 16 17 18 19 20 21 22 23 24 25 16 I understand. As I recall, you said before you were 4 to 5 meters away from when the center lane formed, is that Q correct? A Yes. Q Do you know the name of the road that came out from your right? A Q No. If I told you it was Brian Lane or Brian Road, would that ring a bell? A Something like that, but he doesn't remember. Q I know this can be hard to freeze or lock into your mind. But where was the lady when you first have a memory of seeing her vehicle? A He said he doesn't remember seeing her until she actually hit him. Q The road that came from your right -- I know you don't recall. And I believe it was Brian Road or Brian Lane, whatever that road had a stop sign controlling or stopping those vehicles trying to enter onto Trindle Road, correct? A Yes, there was a stop sign there. Q Since you've told me that you didn't see her until she was in front of you, I take it then that you don't know whether she had either come to a stop, then pulled out, GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 or just gone through without stopping? A He's not sure. Q I know this can be hard to judge. How far in front of him was the lady when he first saw her? A He's not sure. He said it happened so quickly, he's not sure. Q Did you try to do anything to avoid the accident such as braking or swerving or. anything else? A He said he tried to put the brakes on but that the impact still occurred. Q When the lady was first in front of you, how fast were you going? A He said maybe about 15 miles an hour because there's a lot of traffic in the area. Q That was"my next question. There was a lot of traffic that afternoon? A He said yeah. That street is always real. busy. MR. DORER: Off the record for a second. (Discussion held off the record.) BY MR. DORER: Q Do you know how fast the lady was going when she was in front of you? A* I don't know. A He doesn't know. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 ) 13 14 15 16 17 18 19 20 21 22 23 24 ! 25 18 Q Was the lady's vehicle or the vehicle completely in your lane or just the front end? A The front of her car when she turned. Q What part of the van hit or came in contact with what part of the car? A The bumper of the van on the passenger's side. He believes it was the bumper side of her vehicle as well. Q What kind of car was she driving? A He believes it was a Chevy Caprice or something, but he's not sure. Q A Do you remember the color? He believes it was blue. He's not sure. It wasn't a new car. Q Were you wearing a seat belt? Yes. A* A Yes, because he said that's one thing that he made sure, that everyone on the van had their seat belts on. Q Is it just the seat belt or seat belt and shoulder? A Shoulder. Q When you tried to break for the accident, do you know whether -- even though you still had the accident, do you know if you were able at least to slow the van down from the 15 you had started from? A He said yes. He thinks that if he wouldn't GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 have slowed down, it might have been worse than it was. Q I know you estimated for me you were going 15 when you first saw her. Can you tell me how fast you had gotten the van slowed down to? A He said he's not sure what it was. I mean, it was less than what he was actually driving but he can't really tell you how much. Q After the vehicles hit, what happened next and what did he do next? A He said they got off the van to see if everything was okay and if anybody was hurt. Q So you got out of the van? A Yes, to see if anybody was hurt or if the lady in the other vehicle was hurt, because he said there was some kind of fluid leaking and they thought it might have been something that was going to cause a problem. Q Which vehicle was the fluid coming from? A He believes it was the van, but he's not sure. Q Did you go up to the lady in the Chevrolet? Yes. Yes. What did you say to her? He said that he told her he had the insurance A* A Q A papers, if she needed them; and she said, no, she was going to call the cops. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 And the guy that was behind him also had called the police. Q behind you? A Oh, he was behind her. I'm sorry. He said that the gentleman that was behind her, that he had given them a card because he was a witness to what had happened. Q He doesn't know who that was, though? Do you know the name of the person that was A Q No, he doesn't remember. Did you ask the lady if she was okay? A Yes, and she said yes. Q Did you learn her name at the accident scene? A He said no. The police officer carne and then just moved the vehicles, but he didn't know her name. Q Did the lady ever give you any insurance information or her driver's license information? A No. Q Do you believe that the policeman did that? A He said ~e thinks the police officer got it because he moved them aside and then got paperwork from each one of them. Q Did the lady ask if you were hurt? A To him, she didn't ask him anything. The guy behind her was the one that was asking if everybody was okay and if anybody was injured. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 \ 13 i 14 15 16 17 18 19 20 21 22 23 24 25 21 Q But you do know it was a lady driver that pulled out, not a man driver, right? A* Yes. A Yes. Q Do you know how old this lady was? A He said it was an older lady. Q Any passengers in the lady's car? A No. Q Do you know whether or not her husband or any other people from her family came to the accident after the accident? A He said he remembers some man coming there, but he's not sure who the man was. Q Did you think you were hurt at the accident? A He said he didn't think about it because of the nervousness and then the people in the van getting all excited and stuff. Q How long did it take the policeman to get there? A He thinks maybe IS, 20 minutes. Q What did you do during that time while you were waiting for the policeman? A He said he was calling the office to let them know what had happened. Q Did the policeman give anybody any tickets? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A 22 He doesn't know. He just knows he didn't get one. Q After the policeman did his investigation, did he give him any report or information about either the accident or the other lady? A He said he gave him a copy of the paper he had completed. Q A Q A Q A Q A He gave him a copy of that? Yes. What did he do with that paper? He has it. Do you have it with you? He has it at home. Can he give that to Mr. Held to give to me? Yes. MR. DORER: You have this, right? MR. HELD: Yes. MR. DORER: I'm not going to mark this just yet. BY MR. DORER: Q Mr. Rodriguez, what I have here is a paper called Notification of Accident Investigation. I believe that the Hampden Township police officer completed this at some point after the accident. Let me just show it to you for a second. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 . 1 2 3 4 5 6 7 8 9 10 11 12 ~) 13 14 15 16 17 18 19 20 21 22 23 24 25 23 Now, my question is, the paper that the policeman gave you -- and it sounds like you still have a copy at home. You're going to give it to Mr. Held -- does that paper look like the paper that I just showed you? Did what I just show you look like something different? A He said it looks the same. He thinks his copy is pink and this is a copy of that. MR. DORER: I'll make this Deposition Exhibit 1 when this is over. (Notification of Accident Investigation, Hampden Township Police Department, marked Rodriguez Exhibit No. 1.) BY MR. DORER: Q The document which we marked as Rodriguez Exhibit No. 1 -- I have to identify the paper so we know what is being talked about when we read the transcript later -- you believe this is a copy of what the policeman gave you. that day? A* Yeah. Yes. A Q Do you remember what happened to your body inside the van when the impact happened? A He remembers going to the side when the accident occurred. Q Did the policeman or anyone else offer to get GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 4 AUG 17 2005 07:31 FR NAT!.oNWIDE MUTUAL INS610 234 2902 TO 917177310987 p.02/02 . :...., NOTIFIC~ ,'ION OF ACCIDENT INVr:.STIGATION HAMPDEN TOWNSHIP POLICE DEPARTMENT 230 SOUTH SPORTING Hill ROAD, MECHANICSBURG, PA 17055.3097 · (717) 761-2609 \ j ~ )2 '1 lotlce is hereby glvan that the accident identified below Is being investigated by the Hampden Township Police and that the :ommonwealth of Pennsylvania Police Aocident Report will be submitted as prescribed by Section 3746 (C) ollhe Vehicle Codl:l. lO~AJ'fJ~ { 7ft!) A- A.J iZD TlM):3 ?.?CCik.s OFACER'S N~ ,;D.3") POLICE INCI(l€rlT NU/JeEA 36. LEGAlll' Y 41. GWNEfI AOORESS 42. tIN. STATE & ZIP co~ \ 43. YEAR 45. t.lOOEL (\ T , I!k:ILlT 1m, 4T. BOOY TYPE 50. lN1Tl.lllMf'ACT POIKT S 3. IJQlICLE GRADIEIlT 56. DfllVER HUMBER 56. DRIVER lWAE 59. D"'VER AODRas 80. CITY. STATE & ZIP CODE 61. 6 N [J UNit 0 45 MMFl (NOT BOOI' TYPE) 47. BODY TYPE 50. INITlAlll.1PACT POINT 5~, VEHICLE GRAOIOO 5& DRIVER NUMBER 56. ORlveR NAt.lE 59 DRIVER AOIlllESS eo, crrt, STATE . &ZIP COot 61.r{ (;.I. COMM. VEH. VO NO 61. CARRIER N 0 UNk 0 - /C.lJO~/.~ Uc,~. t-lJ C5'f ..-- 68. CARA~R ADOAESS eG. CITY, SUTE .. liP CODE 70. USOOT. ICC, PUG , 6&. CARRI(R AOORESS 69 CITY, STATE a. ZIP cooE 70. USDOT . f'/uk1J<&fJC. c..(;. ZA. co PUC It \'t - 7? IJEH. CONflG. 75. NO. OF AXLES INSURANCE INfORMATION -UNIT z- 73 CARCO 8001' TYPE 76, HAZARDOUS MATER'AL~ COI.APA~U pP61::( - 74. GVWR 72. VEl.. CONflG. 75. NO. Of AXlES II/SUMNeE IIlfG811U1'IO N -UIlITI- POlICYNOS8 S 65. OESCl\IPTlON OF DAMAGED PAOPERTI' 74. CVWR POllCV NO 77 RELEASE 01' HAl MAl Y D N r,l UNK 0 17. RELEASE oF liAZ "'AT v n N DUNK D OWNER ADOllE~S PHONE <' AOOITIOlUlOO'ORMATfON: RUS H,J(j( &t7 ~.l3 LU..... /lJvlC'H~ -- --- ~ --- V' ~ WA~ Arr&l\ fl1 ~ (; fJ ~r:: f A CR.OS..:r '1u.l {) Ut,J!.f. 'llo \12- I~ 2.. ..d LPr,Je. w\4e.tJ r.jt eJ'r t.fP' Rbfl D'IJfY~ ~5 ~~ TnTOI por,~~? ~~ ~ . 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, George J. Kopko and Ann Elizabeth Kopko MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer of Defendants, George J. Kopko and Ann Elizabeth Kopko. to Plaintiffs Motion to Amend Writ of Summons to be served by regular first class mail upon: Date: October 21.2005 Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, P A 17~~ /'/~' Attorney for Plair~' Donald R. Dorer, Esquire Attorney for Defendants ( ,-, __;.l \"" .~ c:> Stephen G. Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION. LAW Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS. GEORGE J. KOPKO AND ANN ELIZABETH KOPKO'S NEW MATTER TO PLAINTIFF'S MOTION TO AMEND WRIT OF SUMMONS AND NOW, come the Plaintiff, Manuel Rodriguez, in his own right, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, who answers Defendant's New Matter as follows: 15. This is a paragraph of incorporation to which no responsive pleading is required. 16. It is admitted that copies of the transcript of the deposition of Plaintiff Manuel Rodriguez taken on October 5, 2005 are attached. However, the document which speaks for itself and any characterization is strictly denied. 17. Admitted. With qualification, Plaintiff Manuel Rodriguez has limited use of the English language. 18. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss Defendants' New Matter and grant his Motion to Amend. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date:~ By: S e . Held, Esquire 1.0. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff . . Stephen G. Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, P A 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05.102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION. LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 8th day of November, 2005, I hereby certify that I have served the within document upon Counsel of Record by sending a true and correct copy of the same to him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Donald R. Dorer, Esquire Jacobs & Associates 214 Senate Avenue Ste 503 Camp Hill, PA 17011 HANDLER, HENNING & ROSENBERG, LLP -4Yl OM-O-. LD ~ Maria Wells, Legal Secretary to Stephen G. Held, Esquire (J ~, 0 C~ ( C~::;l +n en -'r" '.... C) :1:,'11 -.::; n1F=: In I CJ co , C) , v -q () () fll (,' ~ :~~ .n (.,) .< PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY CAPTION OF CASE (entire caption must be stated in full) (check one) ~ Civil Action - Law o Appeal from arbitration o (other) Manuel Rodriguez (Plaintiff) vs. Arguments commence on January 11. 2006 George J. Kopko, Ann Elizabeth Kopko (Defendants) No. 05-102 Civil Term Indicate the attorney who will argue case for the party who files this praecipe: Stephen G.Held, Esquire Indicate argument counsel for other parties ifknown: This case is ready for argument. Signed: Donald Dorer, Esquire Print Name: Date:J1( l 1 ( 6 <) Attorney for: .~. , C") r-::l' ~.~,' () ;:;1 ~-n C~l -<.;':: 0'" "-1 '. 05HB-00029 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, George J. Kopko and Ann Elizabeth Kopko MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO DEFENDANTS CIVIL ACTION - LAW JURV TRIAL DEMANDED MOTION OF DEFENDANTS, GEORGE J. KOPKO AND ANN ELIZABETH KOPKO, FOR SUMMARY JUDGMENT AND NOW come the Defendants, George J. Kopko and Ann Elizabeth Kopko, by and through their counsel, Donald R. Dorer, Esquire, Law Office of Snyder & Dorer, who respectfully states as follows: I. MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT. ANN ELIZABETH KOPKO: 1. Plaintiffs' Motion to Amend Writ of Summons was filed with this Honorable Court on or about September 29,2005, and is incorporated by reference as if more fully set forth herein. ., 2. Answer of Defendants, Gcorge J. Kopko and Ann Elizabeth Kopko, to Plaintiffs' Motion to Amend Writ of Summons was filed with this Honorable Court on or about October 24, 2005, and is incorporated by reference as if more fully set forth herein. 3. Plaintiffs Reply to Defendants, George J. Kopko and Ann Elizabeth Kopko's New Matter to Plaintiffs' Motion to Amend Writ of Summons was filed with this Honorable Court on or about November 9,2005, and is incorporated by reference as if more fully set forth herein. 4. Pennsylvania Rule of Civil Procedure 1035.2 provides as follows: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter oflaw (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. 5. Defendant, Ann Elizabeth Kopko, was introduced to this lawsuit for the first time by virtue of the filing of Plaintiffs Complaint with this Honorable Court on or about April 6, 2005, beyond the expiration of the applicable Statute of Limitations pursuant to 42 Pa. C.S.A. 95524 on January 23,2005. 2 ., 6. The discovery depositions of both Defendants were conducted on October 10,2005. The transcript ofthe deposition of the Defendant, George J. Kopko, is attached hereto as Exhibit "A", and attached hereto as Exhibit "8" is the transcript of the deposition of Defendant, Ann Elizabeth Kopko, both of which are incorporated by reference as ifmore fully set forth herein. 7. Defendant, Ann Elizabeth Kopko, is entitled to summary judgment as a matter of law inasmuch as this lawsuit was commenced against her beyond expiration of the applicable statute of limitations on January 23, 2005 pursuant to 42 Pa. C.S.A. !)5524. II. MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT, GEORGE J. KOPKQ: 8. Paragraphs 1 through 7 are incorporated herein by reference, and made a part hereof as if set forth in full. 9. Count II of Plaintiffs Complaint, particularly paragraph 22 thereof, sets forth certain allegations against Defendant, George J. Kopko, essentially alleging that he negligently entrusted the Defendants' vehicle to Defendant, Ann Elizabeth Kopko, at the time of the motor vehicle accident of January 23,2003. 10. Defendant, George J. Kopko, cannot be liable as a matter of law for negligent entrustment inasmuch as Defendant, Ann Elizabeth Kopko, was a joint owner with Defendant, George J. Kopko, of the 1995 Chevrolet Caprice, bearing Pennsylvania registration plate number ETS-1117 at the time of the motor vehicle accident. 3 . , II. The discovery deposition of the Plaintiff, Manuel Rodriguez, was conducted on October 10, 2005. The transcript of the deposition of the Plaintiff, Manuel Rodriguez, is attached hereto as Exhibit "C", and incorporated by reference as ifmore fully set forth hereinl. 12. There is no basis as a matter oflaw to hold Defendant, George J. Kopko, liable for negligent entrustment in this case. WHEREFORE, for the foregoing reasons, this Honorable Court is respectfully prayed to grant the within Motion of Defendants, George J. Kopko and Ann Elizabeth Kopko, for summary judgment as to Defendant, George J. Kopko, and to enter judgment in favor of the Defendants, George J. Kopko and Ann Elizabeth Kopko, against the Plaintiff herein. Respectfully submitted, LAW OFFICE OF SNYDER & D6RER / Date: January 17, 2006 J. By: ;! ( . . l,. ~ok:\n-~. Dorer, Esquir~ Attorney for Defendants Court I.D.39126 I Exhibit "c" includes attached Rodriguez deposition Exhibit "1 ", "Notification of Accident Investigation", Hampden Township Police Department, January 23, 2003. 4 " ' f xi\) b;+ A- , . KOPKO, GEORGE October 10, 2005 RODRIQUEZ VS KOPKO COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MANUEL RODRIGUEZ, PLAINTI FF VS GEORGE J. KOPKO AND ANN ELIZABETH KOPKO, DEFENDANTS DEPOSITION OF: TAKEN BY: BEFORE: DATE: PLACE: APPEARANCES: NO. 05-102 GEORGE J. KOPKO PLAINTIFF DONNA J. FOX, REPORTER NOTARY PUBLIC OCTOBER 10, 2005, 11:57 A.M. HANDLER, HENNING & ROSENBERG, LLP 1300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA HANDLER, HENNING & ROSENBERG, LLP BY: STEPHEN G. HELD, ESQUIRE FOR - PLAINTI FF JACOBS & ASSOCIATES BY: DONALD R. DORER, ESQUIRE FOR - DEFENDANTS ALSO PRESENT: ANN ELIZABETH KOPKO ~- --,- '"- " Geiger & Loria Reporting Service - 800-222-4571 . , KOPKO, GEORGE October 10, 2005 RODRIQUEZ VS KOPKO 2 4 1 TABLE OF CONTENTS 1 can? 2 WITNESS 2 A Yes. 3 FOR PLAINTIFF DIRECT CROSS 3 Q Prior to your deposition today, did you review 4 George J. Kopko 3 .. 4 any documents? 5 5 A Some Nationwide material and, of course, the 6 6 sherifl's thing. 7 7 Q The sherifl's thing, was that the sherifl's 8 8 service fonn that indicated service? 9 9 A No. 10 10 Q The document handed to you by the sheriff? 11 11 A Right. 12 12 Q What is your full oame. 13 13 A George J. Kopko. 14 14 Q Where do you currently reside? 15 15 A 1901 Kent Drive, Camp Hill, PA. 16 16 Q How long have you lived at that address? 17 17 A Since 1972. 18 18 Q Have you lived there continuously with your 19 19 wife? 20 20 A Yes. 21 21 Q When were you and)'our.~f: ,married? 22 22 A April 19th, 1965. 23 23 Q What's your date of birth? 24 24 A 2/22/40. 25 25 Q Are you currently employed? 3 5 1 STIPULA nON 1 A Yes. 2 It is hereby stipulated by and between counsel 2 Q Where do you work? 3 for the respective parties that reading, signing. sealing, 3 A I deliver auto body parts for L. 8. Smith 4 certification and filing are waived; and that all objections 4 Lincoln Mercury Jaguar. S except as to the fonn of the question are reserved to the 5 Q How long have you worked for L. B. Smith? 6 time of trial. 6 A About 13 months. 7 7 Q lbirteen months from today? 8 GEORGE J. KOPKO, called as a witness, being 8 A Yes. 9 sworn, testified as follows: 9 Q Prior to L. B. Smith, where did you work? 10 10 A I retired at the age of 62, and I didn't do 11 DIRECT EXAMINA nON 11 anything for about a year and a half. Then I went to work 12 12 for L. B.'s. 13 BY MIl- HELD: 13 Q Where did you retire from? 14 Q Mr. Kopko, once again, my name is Stephen Held 14 A Actually, from APS, Incorporated. 15 and I'm here regarding a lawsuit filed by Manuel Rodriguez 15 Q What does APS, Incorporated, do? 16 regarding a January 23rd, 2003 accident 16 A It's a parent company of Big A Auto Parts. 17 You were in the room here when I took the 17 Q What did you do for APS, Incorporated? 18 deposition of your wife, correct? 18 A I was a factory rep. 19 A Correct. 19 Q How long were you a factory rep for APS, 20 Q Did you hear those rules that I gave in the 20 Incorporated? 21 beginning? 21 A Eleven years. 22 A Yes. 22 Q What does a factory rep do? 23 Q Do you need me to repeat any of those? 23 A Represent certain product lines to the Big A 24 A No. 24 jobbers. In my sense, it was ignition products, tune-up 25 Q You will try and abide by them the best you 25 products. 2 (Pages 2 to 5) Geiger & Loria Reporting Service - 800-222-4571 , , KOPKO, GEORGE October 10,2005 RODRIQUEZ VS KOPKO 6 8 1 Q Was it a sales job? 1 they always jointly - did you ever buy a vehicle in your 2 A Correct. 2 name only and not your wife's? 3 Q In January 2003, prior to this accident, how 3 A From now on back? 4 many vehicles did you have in the household? 4 Q Yes. S A Two. 5 A Two years ago I bought a '94 Ford FI50 6 Q What were those vehicles? 6 Lightning. The only reason I bought it in my name is she 7 A The '94 Ford van and a '95 Impala SS. 7 wasn't along. 8 Q The Impala SS, did you buy that oew or did you 8 Q Prior to buying this Ford F150, in the 9 buy that used? 9 20 years that you were a customer of Nationwide, did you ever 10 A Used. 10 buy a vehicle in your name only? 11 Q When did you buy that? 11 A No. 12 MR. DORER: !fyou know. 12 Q Do you have home owners insurance? 13 BY MR. HELD: 13 A Yes. 14 Q Yes. if you know. 14 Q Is that through Nationwide? 15 A We had it about two years maybe. 15 A Yes. 16 Q Two years before the accident? 16 Q Do you know when you started using Nationwide l7 A Yes. 17 as a home owners insurance carrier? 18 Q Do you remember where you bought it? 18 A I'd say it's over 20 years. 19 A Yes. 19 Q Would you have gotten your auto insurance 20 Q Where was that? 20 before your home owners? Would that have been how it 21 A It was an auto center in Palmyra. 21 happened? ~_ ~~_, ~'"' 22 Q It was titled in both you and your wife's 22 A We bought a '71 Riviera from a re\low-in 23 name? 23 Mechanicsburg. That was using Nelson Scarborough ~gency. 24 A Correct. 24 And he recommended him, so we went with him. Of course, 25 Q How about the van? 25 Nelson retired and we are now with the current... 7 9 1 A That also, 1 Q Do you know who your current agent is with 2 Q Was in both names? 2 Nationwide, if you remember? 3 A Correct 3 A I know where his office is. 4 Q Both those vehicles were insured by 4 Q Where is his office? S Nationwide? 5 A Right offTrindle Road. 6 A Correct 6 Q Is this agent solely a Nationwide agent, if 7 Q How long had you been a customer of Nationwide 7 you know? 8 Insurance? 8 A As far as I know, I think he is. 9 A Probably 20 years or more. 9 Q Since getting married have you ever held real 10 Q Were you married when you ftrst got Nationwide 10 estate that you insured through Nationwide in your name only? 11 as your insurance company or did you have them before you 11 MR DORER; Objection to relevance. What's 12 were married? 12 the relevance of that statement? 13 A We were married. 13 MR. HELD: It is relevant I'm wondering why 14 Q Were you both always covered under the 14 he's listed as the only named insured. 15 Nationwide policy? 15 MR DORER; You can answer it if you can. 16 A Yes. 16 A I don't know. l7 Q Obviously, not for these vehicles but for 17 BY MR. HELD: 18 whatever vehicles you had at that time? 18 Q This accident happened in January 2003. 19 A Correct 19 Within five years before that accident, had you changed your 20 Q In the last 20 years since you had Nationwide, 20 coverage at all on your auto policies? 21 was there ever a reason why you would buy a vehicle in one of 21 A I don't recall. 22 your names as opposed tojointly, if you understand the 22 Q I direct your attention to the day of the 23 question? 23 accident You were here when your wife testified. She 24 A There was no particular reason. 24 indicated that you were called to the scene of the accident 25 Q Did you ever do that that you know of or were 25 Do you remember how that came to be when she called you? 3 (Pages 6 to 9) Geiger & Loria Reporting Service - 800-222-457"1 . , KOPKO, GEORGE October 10, 2005 RODRIQUEZ VS KOPKO 10 12 1 A Yes. She called and said she was in an 1 A Yes, 2 accident right at Brian and Triodle, and she said it wasn't 2 Q Do you remember how much the damage was? 3 bad. I said I'll be over, And until I got over, Officer 3 A It was less than whatever we had on coverage. 4 Spangler was there. 4 It was between five and 600. I paid it. 5 Q Did you know Officer Spangler before the 5 Q You paid it in cash? 6 accident? 6 A Yes. 7 A No. 7 Q Do you know what the body shop did to your 8 Q Do you know him now? 8 vehicle as far as - 9 A No. 9 A Yes. The bumper cover, like I said, was only 10 Q You came to the accident scene. What did you 10 dented. I happened to be there, and they put a heat gun on 11 see? 11 the bumper cover and popped it back out Of course, the heat 12 A Both vehicles and the police cruiser were in 12 gun distorted the paint. So they refInished the bumper cover 13 the church parking lot And I believe the officer was 13 comer, put a parking lot lens in. And parts and laoor and 14 talking to the fellow in the van. And I just observed the 14 material was, like I said, five, 600. 15 damage and talked to my wife, and then the officer come over 15 Q I guess at some point you had an estimate done 16 and talked to us. 16 on the vehicle prior to it being fIXed? 17 Q How was your wife's demeanor at the scene of 17 A I wanted it fIXed. I'm not one that would go 18 the accident? Was she upset? Did she appear hurt? 18 here and go there and go here. 19 A By the time I got there, she was pretty cooL 19 Q Fair enough. 20 Q Did you ask her if she was injured at all? 20 Do you know if Lucas Body Shop was using their 21 A Yes. I asked her that on the phone. 21 usual rate of reimbursement for lxx1Y_ ~9[~7 Do they discount 22 Q And what did she say? 22 at all by using Nationwide? '.,.., . 23 A No. 23 A I don't know of any discount 24 Q Did you ask her if anyone else involved in the 24 Q Do you still have that vehicle today? 25 accident was injured? 25 A Correct 11 13 1 A Yes. 1 Q Do you still use the vehicle? 2 Q Did she say no? 2 A Yes. 3 A As far as she knew, no. 3 Q Does the vehicle still run just as good as it 4 Q You arrived at the scene. Did you look at 4 did before the accident? 5 your vehicle? 5 A Yes. 6 A Yes. 6 Q Did you look at the van at all that was 7 Q What did you see when you looked at your 7 involved in the accident? 8 vehicle? 8 A Yes. 9 A The left ITont plastic bumper cover had a 9 Q What did you see on the van? 10 circular dent about the size of a grapefruit And the left 10 A A slight mark on the right front comer of the 11 turn signal lens was broken out; however, the bulb was still 11 bwnper, just like a contact mark. 12 intact and working, 12 Q Was paint exchanged? 13 Q Did you check to see if it was working or - 13 A Possibly. 14 A Yes. 14 Q No dent, though? 15 Q - was it on? 15 A No. 16 Did you do any repairs to the vehicle 16 Q And you didn't take any photographs of the 17 yourself? 17 vehicles involved? 18 A Personally? 18 A No. Lucas did. 19 Q Yes. 19 Q When you said Lucas did, is that the name of 20 A No. 20 the person or is that just somebody that works there? 21 Q You took it to a body shop to get ftxed? 21 A Lucas Body Shop, Mechanicsburg. 22 A Lucas, They're a Nationwide-approved body 22 Q Other than those photographs, you don't know 23 shop. 23 of any other photographs taken? 24 Q It was Nationwide who referred you to Lucas to 24 A No. 25 ftx it? 25 Q Did you primarily deal with Nationwide 4 (Pages 10 to 13) Geiger & Loria Reporting Service - 800-222-4571 L KOPKO, GEORGE October 10,2005 1 involving the claim arising out of this accident? 2 MR. DORER: What do you mean by deal \Nith? 3 BY MR. HELD: 4 Q Did you talk to the adjusters at allan this 5 case, any of the adjusters? 6 A On the body repair? 7 Q First of all, on the body repair, yes. 8 A There really wasn't an adjuster. I went over 9 and he gave me an estimate, and I said when can you do it 10 There was no adjuster involved since the cost was actually 11 Wider, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Prior to receiving this lawsuit by the sheriff, were you made aware that Mr. Rodriguez was claiming injuries out of this accident? A Yes. Q How did you come to be made aware of that? A I think it was fU"St by phone call from a Nationwide adjuster, It might have been in Montoursville at that time or from the Nationwide office in Harrisburg here. Q Do you remember what the substance of that conversation was? A They asked us about what you're asking, what was the extent of the collision and so forth_ Q Your wife's statement was taken it looks like approximately four days after the accident At that time 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were you aware that Mr. Rodriguez was making a claim for injuries? A I don't remember. Q Then the adjuster called and got a statement from your wife. But after the statement, were you the one who handled all dealings with Nationwide? A I talked with the adjuster in Montoursville. He may have sent a letter and I called him, returned a call to him. That was about it. Q When the sheriffk.nocked on your door and delivered the paperwork, did you know the sheriff might be coming? A Yes. Q Why did you know that or how did you know that? A The adjuster might have told me. Q Was it a man or a woman, if you remember? A I think it was a man. Q Do you know how long before you received the paperwork someone told you that? A No. Q Do you remember how long after the accident you came to find out that Mr. Rodriguez was making a claim for physical injuries as a result of the accident? A No. 14 15 RODRIQUEZ VS KOPKO 16 1 Q When you received the paperwork from the 2 sheriff, did you know what that was about? 3 A Yes. 4 Q Did you know when he was delivering it that it 5 had to do with physical injuries as opposed to just property 6 damage or something like that? 7 A Yes. S Q Was it you who answered the door when the 9 sheriff anived? IDA I believe so, yes. 11 Q Did the sheriffs office call your residence 12 before they came? 13 A No. 14 MR HELD: I believe that's all the questions 15 16 17 18 19 20 21 22 23 24 25 I have. MR. DORER: Thank you. (The deposition was concluded at 12:21 p.m) -'-.-".. 17 1 STATE OF PENNSYLVANIA : ~ 2 COUNTY OF DAUPHIN 3 4 5 6 I, Donna 1. Fox, a Reporter Notary-Public, authorized to administer oaths within and for the Commonwealth of Pennsylvania and take depositions in the 7 trial of causes, do hereby certify that the foregoing is the 8 testimony of George 1. Kopko. 9 I further certify that before the taking of 10 said deposition., the witness was duly sworn; that the 11 questions and answers were taken down stenographically by the 12 said reporter DonnaJ. Fox, a Reporter Notary-Public, 13 approved and agreed to, and afterwards reduced to typewriting 14 under the direction of the said Reporter. 15 I further certify that the proceedings and 16 evidence contained fully and accW'ately in the notes by me on 1 7 the within deposition, and that this copy is a correct 1 8 transcript of the same. 1 9 In testimony whereof, I have hereunto, 20 subscribed my hand this 14th day of October, 2005. 21 22 23 24 25 Donna J. Fox, Reporter My commission expires: March 29, 2008. 5 (Pages 14 to 17) Geiger & Loria Reporting Service - 800-222-4571 , , ' ---- tx/'t) 0 vt 13 KOPKO, ANN October 10,2005 RODRIQUEZ VS KOPKO COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MANUEL RODRIGUEZ, PLAI NTI FF VS NO. 05-102 GEORGE J. KOPKO AND ANN ELIZABETH KOPKO, DEFENDANTS DEPOSITION OF: TAKEN BY: BEFORE: ANN ELIZABETH KOPKO PLAINTIFF DONNA J. FOX, REPORTER NOTARY PUBLIC ~-- ~- " DATE: OCTOBER 10, 2005, 11:00 A.M, PLACE: HANDLER, HENNING & ROSENBERG, LLP 1300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: HANDLER, HENNING & ROSENBERG, LLP BY: STEPHEN G. HELD, ESQUIRE FOR - PLAINTIFF JACOBS & ASSOCIATES BY: DONALD R. DORER, ESQUIRE FOR - DEFENDANTS ALSO PRESENT: GEORGE J. KOPKO Geiger & Loria Reporting Service - 800-222-4571 KOPKO, ANN October 10,2005 1 TABLE OF CONTENTS 2 WIlNESS 3 FOR PLAINllFF 4 Ann Elizabeth Kopko 5 6 7 8 9 10 11 12 13 DIRECT CROSS 3 ,- EXHIBITS KOPKO EXHIBIT NO. PRODUCED AND MARKED 14 1 - Select Activity Logs 6 15 16 17 18 19 20 21 22 23 24 25 1 STIPULATION 2 It is hereby stipulated by and between counsel 3 for the respective parties that reading, signing, sealing, 4 certification and filing are waived; and that all objections 5 except as to the form of the question are reserved to the 6 time of trial. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ANN ELlZABETII KOPKO, called as a witness, being sworn, testified as follows: DIRECT EXAMlNA TION BY MR. HELD: Q Good moming. For the record, my name is Stephen Held and I represent Manuel Rodriguez in a claim for injuries arising out of a motor vehicle accident that happened January 23rd, 2003, and we're here to take your deposition. Have you ever had your deposition taken before? A No. Q Basically, to let you know what a deposition is, I'll be asking you questions about this accident and later on I'll be asking your husband questions about this accident. Y Qu'll be giving me answers. This woman to your right and my left: here, she's taking down everything that is being said in this room to make a transcript at a later time, RODRIQUEZ VS KOPKO 2 4 1 maybe to be used for later proceedings, 2 With that in mind, there are some things that 3 you need to keep in mind when answering, just so there's a 4 neat and clean transcript. 5 First of all, try and give a verbal response 6 to every question that I ask you as opposed to a head shake 7 or an uh-huh or huh~uh or something like that. Try and say 8 yes, no or verbal. Can you try and do that for me? 9 A I can do that. 10 Q Likewise, please wait untilI'm fInished 11 asking a question or fInished speaking before you answer the 12 question. Not that I mind being interrupted or something 13 like that. It's just if two people are talking, she can't 1 4 take us both down at the same time talking. Can you try and 15 do that for me? 16 A Yes. 17 Q Likewise, I'm not trying to play games or 18 trick you in any way, If you don't understand a question 19 that I ask you, let me know and I can rephrase. If you don't 20 know the answer to it, just let me know that. If you answer 21 a question as I ask it, I can only asiUllle. tb~ugh, that 22 that's the answer you give, Can you try and dO that for me? 23 A I understand 24 Q Likewise, if we're going through a subject 2 5 asking you questions and a later time in the deposition down 3 5 1 the road there is a question that triggers your memory that 2 something you said earlier was incorrect, let me know at that 3 time and we can certainly correct that on the record at that 4 time, okay? 5 A Okay. 6 Q I don't think I'm going to have you here that 7 long, but just so you know. Okay? 8 A Okay. 9 Q Likewise, if you need to take any breaks for 10 any reason, to talk to your attorney about something, to use 11 the facilities, to get a drink, stretch your legs, whatever, 12 let me know. This isn't an endurance run or something like 13 that We can take a break. You can do whatever you need to 1 4 do and go back on the record when you finish, Okay? 15 A Okay. 1 6 Q I don't think I'm going to keep you here 17 anyway that long, but just so you know, 18 I ask this question in every deposition I 1 9 give, so don't be offended by it Are you on any medications 2 0 now or do you have any physical or mental reason that you 21 can't understand the questions I'm asking you and answer 22 truthfully? 23 A No. 24 Q Prior to today's deposition, did you review 2 5 any documents? 2 (Pages 2 to 5) Geiger & Loria Reporting Service - 800-222-4577' KOPKO, ANN October 10, 2005 RODRIQUEZ VS KOPKO 6 8 1 A I looked over the accident report.. 1 Q What department do you work for? 2 Q This is Rodriguez Exhibit 1. You're looking 2 A I work for PP&R Comptroller's Office. It's 3 at that? 3 from Office of the Budget 4 A Well, I had a copy of it also. And I also 4 Q Is that physically located in Harrisburg? 5 read over my statement 5 A Yes. It's on Seventh Street 6 Q Over your recorded statement today then? 6 Q How long have you worked for the Commonwealth 7 A Correct. 7 in this position? 8 Q Anything else did you review? 8 A Four years. 9 A I did look through the letters that I had 9 Q You were working at this position on the date 10 received from Mr. Dorer. 10 of this auto accident, which is January 23r<l, 2003? 11 Q I don't know to know what's in those letters. 11 A Yes., I was. 12 That's between you guys. Ijust want to know if you read 12 Q At the time of the accident, were you doing 13 over any of the interrogatory answers or anything like that. 13 anything in connection with your employment? 14 You're looking at me like you don't know. 14 A No, I was not 15 A No. 15 Q When did you get your driver's license? 16 Q That's fine. Ijust want to know if I ask you 16 A When I was 16. 17 a question from one of those if you had reviewed it 17 Q When you got your driver's license, did you 18 The big question I had, though, was whether 18 have any physical restrictions of any sort on your driver's 19 you reviewed your transcript? 19 license? 20 MR DORER: You mean the statement? 20 A Need glasses. 21 MR HELD: Recorded statement transcript. 21 Q Did you need glasses wRen 'ypy-...~riginalJy got 22 I'm going to mark this statement as Kopko I. 22 your driver's license? . , . 23 (Select Activity Logs marked Kopko Exhibit 23 A Yes. 24 No. L) 24 Q That is on your driver's license as a 25 25 restriction? 7 9 1 BY MR HELO: 1 A Yes, it is, 2 Q I'll show you what I've mari<ed as Kopko I. 2 Q I noticed earlier you were wearing glasses. 3 Does that appear to be a copy of what - 3 You still continue-- 4 A Yes, it does. 4 A Well, I have contacts. I'm wearing contacts. 5 Q Can you please state for the record your full 5 Q Were you wearing the contacts and/or glasses 6 name. 6 when the accident happened? 7 A Ann Elizabeth Kopko. 7 A Yes. 8 Q Have you ever been known by any other names? 8 Q What do you wear corrective eyewear for, what 9 A Ann Elizabeth Hoover. 9 condition, if you know? 10 Q Hoover is your maiden name then? 10 A I'm nearsighted. 11 A Correct 11 Q Without your corrective eyewear, you can see 12 Q How long have you resided at the 1901 Kent 12 things close up but not at a distance? 13 Street address? 13 A That's correct. 14 A It's Kent Drive. 14 Q Do you have an eye doctor that you see for 15 Q Kent Drive address. 15 this? 16 A Since 1972. 16 A Yes, I do. 17 Q What is your date of birth? 17 Q Who is that? 18 A 12/5/46. 18 A It was Dr. Edward Wagman, but I just 19 Q Are you currently employed? 19 transferred my records over to Kilmore Eye Associates. 20 A Yes, I am 20 Q Do you generally see an eye doctor? 21 Q Where do you work? 21 A Every six months. 22 A Commonwealth of Pennsylvania 22 Q Was that so in January of2003? 23 Q What do you do there? 23 A Yes. 24 A I'm a fiscal assistant. It's clerical type of 24 Q How long have YOll been seeing an eye doctor 25 work. 25 for every six months? Starting when? 3 (Pages 6 to 9) Geiger & Loria Reporting Service - 800-222-4571 L_ KOPKO, ANN October 10,2005 RODRIQUEZ VS KOPKO 10 12 1 A I don't remember. 1 Q Has a doctor ever expressed to you an opinion 2 Q For years, would you say? 2 or stated to you that you should not drive? 3 A At least the last five years. 3 A No. 4 Q Do you know why you see a doctor that 4 Q Do you have any other physical condition that 5 frequently? 5 impairs your ability to drive? 6 A Well, they were checking for glaucoma at the 6 A No. 7 time, 7 Q I don't remember ifI asked you this. But on 8 Q Were they checking for glaucoma before January 8 the day of the accident, were you wearing corrective eyewear? 9 of2003? 9 A Yes, I was. 10 A No. 10 Q \\!hat were you wearing? 11 Q Do you know if you've been diagnosed with 11 A Contacts. 12 glaucoma? 12 Q Prior to the accident, how long had it be 13 A Yes, I have. 13 since you were at the eye doctor? Would it have been at most 14 Q Do you know when you were diagnosed with 14 six months? 15 glaucoma? 15 A Almost. 16 A I think it was last year. 16 Q And then after the accident, again, it would 17 Q So we're clear, last year is 2004 sometime? 17 have been at most six months until your next appointment? 18 A Correct. 18 A Correct 19 Q Did Dr. Edward Wagner diagnose you with 19 Q Do you happen to know if your prescription 20 glaucoma? 20 changed at all? 21 A Actually, no. That was Dr. KiImore. 21 A No, it has not I mean, it)!~.f!~~changed. 22 Q Is Dr. Kilmore a specialist of some sort? 22 Q Do you know if your glaucoma ha'S 'worsened 23 A Yes, He's more than an optometrist I guess 23 since the accident? 24 he's an ophthalmologist. 24 A Yes, it has. 25 Q He's an M.D.? 25 Q As you sit here in my office today, you're 11 13 1 A Yes. 1 still able to drive, though? 2 Q How long have you been seeing Dr. Kilmore? 2 A Absolutely. 3 A Two, three years. 3 Q I'm going to direct your attention to January 4 Q So you were seeing Dr. Kilmore before this 4 23, 2003. Do you remember the accident? 5 accident occurred? 5 A Yes,Ido. 6 A Yes. 6 Q Do you remember where this accident took 7 Q Other than Dr. Wagner-- 7 place? 8 A Wagman. 8 A Yes, I do. 9 Q Wagman. I'm sony. 9 Q Can you tell me where it took place? 10 Other than Dr. Wagman and Dr. Kilmore, have 10 A Trindle Road and Brian Road in Mechanicsburg. 11 you seen any other professionals for your eyesight? 11 It's Hampden Township. 12 A No. 12 Q Can you describe to me where it's located? 13 Q Do you have any other health conditions that 13 Are there any landmarks nearby? 14 you're treating regularly for? 14 A Saint John's Church on the comer. You have I 15 A Hypertension. 15 think it's Quantum Imaging. Trindle Bowl, the old Rite Aid 16 Q How about diabetes? 16 building. 17 A No. 17 Q Prior to this accident, have you ever been to 18 Q Do you see a specialist for hypertension or 18 this location before? 19 just your family doctor? 19 A Many times. 20 A My family doctor. 20 Q When you say many, how frequently had you been 21 Q Who is your family doctor? 21 here before? 22 A William Albright, IV. 22 A My son lives in many Delbrook Manor. 23 Q Does your vision in any way impair your 23 Q lhis is the entrance into Delbrook? 24 ability to drive? 24 A Correct. 25 A No. 25 Q How long had your son lived in Delbrook Manor 4 (Pages 10 to 13) Geiger & Loria Reporting Service - 800-222-4577' KOPKO, ANN October 10,2005 RODRIQUEZ VS KOPKO 14 16 1 prior to the accident? 1 Q You had left your son's apartment and you were 2 A I think four months. I'm not quite sure. 2 pulling out of Delbrook Manor, is it? 3 Q Would you visit your son frequently? 3 A Yes, Delbrook Apartments. 4 A Yes, I did. 4 Q This stretch of Trindle Road, can you describe 5 Q Once a week? 5 it to me? How many lanes are there? 6 A No. 6 A There's two lanes. There was a turn lane that 7 Q Not that frequent? 7 starts approximately around Brian Road to make a left turn 8 A No. 8 onto Railroad. 9 Q Did you drive in this area of Trindle Road 9 Q There's a stop sign on Brian Road? 10 before the accident lll1Telated to seeing your son? 10 A Yes, there is. 11 A Yes. 11 Q As you are stopped at that stop sign, Railroad 12 Q You were quite familiar with where this was? 12 Road is to your right? 13 A Yes, I am. 13 A Correct. 14 Q Do you remember what day of the week the 14 Q To get home you would make a left? 15 accident was? 15 A Correct. 16 A It was a Thursday. 16 Q Are you aware of what the posted speed limit 17 Q Is there some reason why that sticks out in 17 is in that stretch ofTrindle Road? 18 your mind, a Thursday? 18 A No, I'm not. 19 A Well, yes. My son was in an accident in 19 Q What were the traffic conditions like at the 20 Virginia and I was -- that Tuesday. 20 time of the accident? 21 Q Was that a motor vehicle accident? 21 A Do you mean weather?.. _ _ ~__ - 22 A Yes. 22 Q Heavy traffic, numbers of cars. 23 Q And you were there to see how he was doing or 23 A It was heavy. 24 take care of -- 24 Q Had you ever been to this intersection at this 25 A No. I was going to get him clothes and feed 25 time of day before? 15 17 1 his cat. 1 A No, not that I remember. 2 Q He wasn't at Delbrook Manor when this 2 Q Do you happen to know ifit's always heavy 3 happened? 3 traffic at this intersection? 4 A No, he was not 4 A When I was running TrindIe Road, yes, it was 5 Q Had you gone to his apartment or residence 5 always heavy. 6 prior to the accident? 6 Q How about the weather conditions. how were 7 A You mean that day? 7 they? 8 Q Yes. Bad way of asking it. 8 A It was dry. 9 You were going to get clothes and feed the 9 Q Do you know ifthere was snow on the ground 10 cat. Had you already gotten the clothes and fed the cat? 10 anywhere? 11 A Yes. 11 A I don't remember. 12 Q You were on your way out when this happened? 12 Q Do you feel that weather had any impact on the 13 A Correct 13 accident at all? 14 Q Where were you intending to go? 14 A No. 15 A Home. 15 Q What kind of car were you driving? 16 Q That was. once again. the Kent Drive address? 16 A A black Chevy Impala. 17 A 1901 Kent Drive. 17 Q Do you happen to know the year of it? 18 Q Do you remember the time of day it was when 18 A I should but I don't. 19 the accident took place? 19 Q That's okay. Do you still have that vehicle? 20 A Around 2;00 in the afternoon. 20 A Yes, I do. 21 Q Do you know how long you were at your son's 21 Q Do you know whose name the vehicle is in? 22 place? 22 A It's in both our nrunes, my husband and myself. 23 A Half an hour. 23 Q Do you believe that the condition of your 24 Q Is that somewhat of a guess? 24 vehicle had anything to do at all with the accident? 25 A That's a guess. 25 A Absolutely not. 5 (Pages 14 to 17) . Geiger & Loria Reporting Service - 800-222-4577 KOPKO, ANN October 10, 2005 RODRIQUEZ VS KOPKO 18 20 1 Q Prior to this motor vehicle accident, did that 1 Q Were you injured at all in the accident? 2 vehicle have any physical damage to it, dents, any dings, 2 A No. 3 anything like that? 3 Q Did your body strike anywhere inside the 4 A No, it did not 4 vehicle? 5 Q And did didn't have any mechanical defects 5 A No. 6 that you were aware of, right? 6 Q Do you know how fast the van was going before 7 A No. 7 it hit you? 8 Q Y Oll were by yourself in this vehicle at the 8 A No. 9 time? 9 Q Did the van hit you at a great rate of speed 10 A That is correct. 10 or did it just tap you? 11 Q Take me through what happened in the accident 11 A It was just a tap, 12 Yau stopped at Brian - is it Brian Road? 12 Q Did you get out of the vehicle after the 13 A I think it's Brian Road. 13 accident then, immediately after the accident? 14 Q Vou stopped at the stop sign? 14 A No. [sat there and collected myself. And 15 A Correct. 15 then I backed up back into Brian Road to leave traffic go, 16 Q Did you come to a full. complete stop? 16 and then I got out 17 A Yes, [did. 17 Q Did that vehicle have airbags, do you know? 18 Q Then what happened? 18 A Yes, it does, 19 A I waited for a while, and I checked to my 19 Q Were they deployed? 20 right. And then I checked to my left, and there was heavy 20 A No. 21 traffic. And this gentleman was kind enough to tell me to 21 Q Did you take a look at ~Qw:.Y~h~c1e? 22 come out So I was inching forward. 22 A Yes, [did. . . . 23 Q To interrupt you there, was the traffic heavy 23 Q Describe how the damage looked. 24 enough that there was a line of vehicles to your left? 24 A My light bulb was hanging out off the comer. 25 A That's correct 25 Q Do you know which light bulb that was? Turn 19 21 1 Q Go on, Someone let you out? 1 signal? Headlight? 2 A Someone let me out And I was inching forward 2 A It was the turn signal. 3 because I couldn't really see around the gentleman that let 3 Q Did you see any other visible damage to your 4 me out, and I saw that there was clearance from the right, so 4 vehicle? 5 I inched forward again, And I don't remember how many times 5 A No. 6 I've done that, but I inched forward and he was there. 6 Q Did you look at all at the van? 7 Q He being my client? 7 A [looked at it, yes. 8 A Correct 8 Q Did you examine it for damage? 9 Q Do you know what type of vehicle he had? 9 A I could hardly see anything. Yes. 10 A He had a white window van. 10 Q Did you call the police? 11 Q Where you were pulling out, were you coming 11 A Yes, [ did. 12 across the left-hand turn lane? 12 Q Did you have a cell phone at the time? 13 A I would have had to, yes. 13 A Yes, [did. 14 Q Was the white van driving in the left-hand 14 Q Did you use that to call the police? 15 turn lane? 15 A Yes. 16 A I don't know. 16 Q Immediately before the accident, were you on 17 Q Did you see the white van before the accident? 17 the cell phone? 18 A No, I did not 18 A No. 19 Q Can you describe the force of the impact with 19 Q Did you talk to the other driver at all? 20 your car? 20 A Yes, to exchange infonnation. 21 A It was a bwnp. 21 Q Did he come over to you, or did you go over to 22 Q What part of your vehicle met with what part 22 him? 23 of the white van? 23 A He came over to me. 24 A My left front comer; his right front comer, 24 Q Wbat was his demeanor when he came over to 25 bumper. 25 you., if you remember? 6 (Pages 18 to 21) Geiger & Loria Reporting Service - 800-222-4571 KOPKO, ANN October 10, 2005 RODRIQUEZ VS KOPKO 22 24 1 A Kind nfhaughty. 1 A When Me. Rodriguez said that he did not need 2 Q Do you remember what he said to you? 2 to give me his information, I said I was going to call the 3 A He said that he did not have to give me his 3 police. 4 information. 4 Q And did you call the police then? 5 Q Do you remember what the first words out of 5 A Yes. 6 his mouth were? 6 Q What was his response about in regards to you 7 A Nn. 7 saying I'm going to call the police? 8 Q But basically there was a conversation of some 8 A He said, well, I'm going to call the police. 9 sort where you discussed exchanging information? 9 Q Do you know if he called the police, too? 10 A Cnrrect. 10 A I think so. 11 Q And he was not going to give you his 11 Q Did he have a cell phone with him or anything? 12 information? 12 A He went back to the van. 13 A That is correct. 13 Q The van was still in the middle of the road? 14 Q Did he tell you why? 14 A Correct. 15 A He said he didn't have to give me his 15 Q Did anyone else talk to you at this accident 16 information. 16 scene before the police arriving? 17 Q And you offered - 17 A No. 18 A I said, yes, you do have to give me your 18 Q Then the police arrived. Do you remember how 19 information. 19 long it was before they arrived? 20 Q Mr. Rodriguez doesn't speak English very well? 20 A Not even five minutes. 21 A It was broken. 21 Q Then what happened atlerlhl'~~liceman 22 Q Was that an issue in the conversation? Could 22 arrived? 23 you communicate? 23 A He told us to take our vehicles and put them 24 A Yes, I could. 24 into the church parking lot 25 Q Did he ask for your insurance information? 25 Q Did you talk with Mr. Rodriguez since the 23 25 1 A Yes, he did. 1 police arrived? 2 Q Did he ask for your information prior to you 2 A No. 3 asking for his? 3 Q Since that day have you talked to 4 A I don't remember who asked fIlst. 4 Mr. Rodriguez at all? 5 Q You just remember he was being difficult in 5 A No. 6 giving you that information? 6 Q Have you talked to anyone talking for him, 7 A Correct. 7 like his wife, a friend. anyone like that? 8 Q Did he ask you whether or not you were injured 8 A No. 9 at all? 9 Q What did the police officer talk to you about? 10 A No, he did not 10 A What do you mean? 11 Q Did you ask him ifhe was injured? 11 Q Did the policeman get information from you? 12 A No, I did not. 12 A Yes. He took my insurance and my driver's 13 Q Was anyone else at the scene of the accident 13 license and asked what happened. I told him exactly what I 14 here; meaning, was anyone else standing around while this 14 told you. And then he went over to Mr. Rodriguez's van. 15 conversation was taking place? 15 Q Did you leave then? 16 A No. 16 A No, not until he told us we could. 17 Q I guess the police came? 17 Q Do you remember who the police officer was? 18 A Correct. 18 A No. 19 Q What you j ust testified about, did that all 19 Q If you remember. I'm sure it's on the form 20 take place before the police arriving? 20 somewhere, and we can fmd that. I was just wondering if you 21 A What, the information gathering? 21 remembered that 22 Q Yes. 22 MR DORER: I'm sony. What was the question, 23 A Yes. 23 Mr. Held? 24 Q Do you know how long it was before the police 24 MR HELD: Did you remember what the police 25 arrived? 25 officer's name was. 7 (Pages 22 to 25) Geiger & Loria Reporting Service - 800-222-4571 KOPKO, ANN October 10, 2005 RODRIQUEZ VS KOPKO 26 28 1 BY MR. HELD: 1 A They took photographs at the collision place 2 Q How long was the police officer there before 2 where we got it fIXed. 3 you left? 3 Q Where did you get it fiXed at? 4 A Is seemed a long time. Fifteen minutes to 4 A Lucas Body Shop. 5 half an hour, I would assume. 5 Q Do you know who took the photos? 6 Q Did you drive the vehicle home? 6 A No, I did not. 7 A Yes, I did. 7 Q You, yourself, didn't take any? 8 Q Did anyone else come to the accident scene? 8 A No. 9 A Yes. I called my husband. 9 Q And your husband didn't take any? 10 Q Did you call your husband after the police 10 A No, not that I'm aware of. 11 officer arrived? 11 Q Do you remember how much damage or how much it 12 A Yes - no. I'm sorry. No, I did not. 12 cost to fix the damage? 13 Q Wbere is Kent Drive in Camp Hill? 13 A It didn't even come to our deductible. So it 14 A It.s off 18th Street: Rolling Green Cemetery, 14 was under $500. 15 Cedar Cliff, Highland Park. 15 Q You had the damage repaired? 16 Q It.s on the east side of IlIIS? 16 A Yes, we did. 17 A Yes. 17 Q Do you remember how long after the accident it 18 Q This is down further away from the mall, 18 was that you got the car fixed? 19 right? 19 A I'd say within a month. 20 A This what? 20 Q Did you drive around in the vehicle with 21 Q Where the accident took place, the Camp Hill 21 damage on it? -'-- ~-<,...~ 22 Mall I'm referring to. 22 A I think so. . . 23 A Oh, yes. 23 Q Other than this vehicle, what other vehicles 24 Q Do you know if your husband had any 24 did you have in the household at that time? 25 conversations with Mr. Rodriguez? 25 A I had the Chevy van. We change vehicles. I 27 29 1 A I don't believe he did. 1 can't keep track of the vehicles. 2 Q I can certainly ask him, but if you remember 2 Q That's okay. That's all right. 3 being a witness to anything. 3 Prior to this motor vehicle accident, had you 4 Did anyone receive a citation as a result of 4 ever been in any motor vehicle accidents before? 5 this accident? 5 A I was rear ended twice. 6 A No. 6 Q When? 7 Q Did you receive a warning at all but no 7 A I know it was Labor Day weekend. I don't B citation? B remember the year. And then I was hit on the Carlisle Pike 9 A No. 9 in '98, 1998. 10 Q Did you leave the accident scene first or did 10 Q Do you remember where the other motor vehicle 11 Mr. Rodriguez leave? 11 accident was? 12 A What do you mean? 12 A Yes. 1 was coming down Locust Street in 13 Q Your vehicles are parked at the church parking 13 W ormIeysburg. 14 lot. Someone had to leave first. When you left, was 14 Q That would have been after 1998 or before 15 Mr. Rodriguez still at the scene or did you see 15 that? 16 Mr. Rodriguez's van leave? 16 A No; that was before. 17 A I believe he was still there. 17 Q Did you sustain any injuries in either of 18 Q Was a police officer still there when you 18 those accidents? 19 left? 19 A No. 20 A Yes. 20 Q Prior to the accident that we're here about 21 Q Was he still talking with Mr. Rodriguez, if 21 today, did you ever receive a traffic citation? 22 you know? 22 A No. 23 A I can't say for a certainty. 23 Q Did you ever have your driver's license 24 Q After the accident do you know if anyone took 24 suspended for any reason? 25 any photographs of your vehicle? 25 MR DORER: Repeat the question, please. 8 (Pages 26 to 29) Geiger & Loria Reporting Service - 800-222-4577. KOPKO, ANN October 10, 2005 RODRIQUEZ VS KOPKO 30 32 1 BY MR. HELD: 1 A The guy handed him the papers, and he came 2 Q Did you ever have your driver's license 2 back in the house. 3 suspended for any reason? 3 Q Did you know why he was receiving those 4 A No. 4 papers? 5 Q Were you ever charged with a Dill before? 5 A Yes. 6 A No. 6 Q You knew it was related to this motor vehicle 7 Q W.ere you ever charged or convicted of any 7 accident? 8 crime before the accident? 8 A Yes. 9 A No. 9 Q Have you ever been a party to litigation 10 Q Immediately prior to the accident, were you 10 before? 11 smoking at all? 11 A No. 12 A No. 12 Q Did someone tell you you might receive papers 13 Q Do you smoke at all? 13 served by tbe sheriff? 14 A No. 14 A Yes. 15 Q Were you eating or drinking anything? 15 Q Do you know who that was? 16 A No. 16 A Someone from Nationwide. I'm not quite sure 17 Q You did have a cell phone in the car'? 17 who. 18 A Yes. 18 Q Did you receive any letters indicating you 19 Q Had you used that cell phone earlier in the 19 might receive paperwork from a sheriff? 20 day before the accident? 20 A I received so many letters, I'm sure there's 21 A No. 21 probably one there. -'__ ~_"_"'._ 22 Q Who's your cell phone provider, or who was 22 Q But you don't specifically recail 'one? 23 your cell phone provider at that time? 23 A I don't specifically recall one. 24 A AT&T. 24 Q Did you find it shocking at all that you were 25 Q In the 24,hour period before the accident, did 25 receiving service of process? 31 33 1 you consume any drogs, prescription or otherwise, or conswne 1 A Yes. 2 alcohol? 2 Q Why did you fmd it shocking? 3 A My blood pressure medication. I may have had 3 A Because it was a little fender bender. 4 a drink. I don't remember. 4 Q Did you have knowledge before the sheriff came 5 Q Would that have been the night before? 5 to your house that Mr. Rodriguez was making a claim for 6 A The night before, 6 injuries as a result of this accident? 7 Q Your blood pressure medication, that doesn't 7 A Yes. That's why we were served the papers. 8 impair your ability to drive at all - 8 Q But you knew that before you were served with 9 A No. 9 papers that Mr. Rodriguez was making a claim for injuries? 10 Q .. right? 10 A Well, we knew we were getting the papers, so 11 Do you know what hypoglycemia is? 11 yes. 12 A Blood sugar. 12 Q Did you talk with any adjusters about this 13 Q Yes, low blood sugar. Do you ever have that 13 accident? 14 issue if you don't eat? 14 A Me, no, I did not. 15 A No. 15 Q Did your husband that you know of? 16 Q You get light-headed or anything? 16 A Yes. 17 A No. 17 Q Was he the one who usually commwlicated with 18 Q Were you there at the house when your husband 18 them? 19 got served with the legal papers by the sheriff? 19 A Yes. 20 A Yes. 20 Q How did you find out that Mr. Rodriguez 21 Q Describe what happened there. 21 claimed he was injured as a result of this accident? 22 A There was a knock at the door. 22 A I think it was Mr_ Dorer that said so. 23 Q Did you answer or did your husband? 23 Q When the sheriff delivered the papers, you 24 A I think he did. 24 didn't know Mr. Rodriguez was making a claim for injuries? 25 Q Then what happened? 25 A Can you cIariiY that? 9 (Pages 30 to 33) Geiger & Loria Reporting Service - 800-222-4571 KOPKO, ANN October 10, 2005 1 Q Sure. You indicated there was a period of 2 time when the sheriff came and served these papers on you. 1 3 asked you when did you fmd out that Mr. Rodriguez was 4 claiming injuries as a result - personal injuries as a 5 result of this accident And I believe you indicated 6 Mr. Dorer informed you of that. 7 So prior to Mr. Dorer informing you that 8 Mr. Rodriguez was making a claim for injuries, you did not 9 know Mr. Rodriguez was making a claim for injuries? 10 A No, I did not 11 Q Do you have any idea what Mr. Rodriguez is 1 2 claiming as a result of this accident? 13 A Back. I don't know. I imagine back. 14 Q Do you know the extent of injuries he's 1 5 claiming? 16 A No. 17 Q The two other motor vehicle accidents you were 18 in before, you were not injured in either of those accidents? 19 A No. 20 Q Would you describe those accidents as worse 21 than this accident, not as bad as this accident, the same as 22 this accident? 23 24 25 A Worse, much worse. Q And you didn't receive any medical treatment for either of those accidents? 1 A No. 2 Q Did you talk to anyone else at the scene of 3 the accident other than Mr. Rodriguez and the police officer? 4 A No. My husband. 5 Q Okay, and your husband. 6 Do you know if any of the other people in the 7 van were injured? 8 A No. 9 Q I want to direct your attention to this 10 Exhibit 1, the statement You looked over the statement 11 before today? 12 A Yes, I did. 13 Q Did you read it over? 14 A Yes, I did. 15 Q Did anything you see in that statement seem 1 6 that it was not transcribed correctly? 17 A My phone number. 1 8 It looks okay to me. 19 Q Did anything that you indicate in the 2 0 statement do you think is inaccurate that you said, now that 21 you think about it, if you understand my question? 22 A You mean do I think I made a mistake in the 2 3 first place? 24 Q Righ~ that's what I'm trying to say. 25 A No. 34 35 RODRIQUEZ VS KOPKO 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 !\.1R. HELD: I believe that's all the questions I have. Thank you. Do you have any, Don? MR. DORER: Give me a second. (Pause.) MR DORER: I don't have any questions for the moment I may have questions for Mr. Kopko. (The deposition was concluded at 11 :57 am.) -'n'." '0 - 37 1 STATE OF PENNSYLVANIA : S 2 COUNTY OF DAUPHIN 3 4 I, Donna J. Fox, a Reporter Notary-Public, S authorized to administer oaths mthin and for the 6 Commonwealth of Pennsylvania and take depositions in the 7 trial of causes, do hereby certifY that the foregoing is the 8 testimony of Ann Elizabeth Kopko. 9 I further certify that before the taking of 1 0 said deposition, the witness was duly sworn; that the 11 questions and answers were taken down stenographically by the 12 said reporter Donna J. Fox, a Reporter Notary-Public, 13 approved and agreed to, and afteIVlards reduced to type"'lfiting 14 under the direction of the said Reporter. 15 I further certify that the proceedings and 1 6 evidence contained fully and accurately in the notes by me on 17 the mthin deposition, and that this copy is a correct 1 8 transcript of the same. 19 In testimony whereof, I have hereunto, 20 subscribed my hand this 14th day of October, 2005. 21 22 23 24 25 Donna 1. Fox, Reporter My conunission expires: March 29. 2008. 10 (Pages 34 to 37) Geiger & Loria Reporting Service - 800-222-4577' Select Activity LOl!s Claim Key: 5837 D 0424190123200301 Policyholder: Kopko, George J Claimant: N/ A Requester: FISHERR Print Date: August 29, 2005 Print Time: 8:57 AM Date: 2005-08-25 Time: 15:09:02 Creator: CONNL158 Assignee: UNASSIGN Cov: Claimant: RS Transcription for...Ann Kopko File Name: npa49726.sa Insured: George Kopko Claim No: 58370042419-012303-01 Person Giving Statement AnnKopko" Relationship to Accident: Insured Vehicle Driver Date Taken: 1/27/03 Date of Loss: 1/23/03 Interviewer: Cindy Ferrens Cov:BI ClassID: Fisherr A__ ~ < _.". '. Q: This is Cindy Ferrens [phonetic], from NATIONWIDE INSURANCE, interviewing Ann Kopko, by phone, on Monday, January 27th, 2003, at approximately 10:00 a.m., concerning an auto accident which occurred on January 23m, 2003, in which Ann was a driver. Do you understand that the information is being recorded, Ann? A: Yes, I do. Q: And do I have your permission to do that? A: Yes, you do. Q: Please state your full name, and spell your last A: Ann Elizabeth Kopko. K-<>-p-k-<l. Q: Your address? A: 190 I Kent Drive, Camp Hill, P A 17011. Q: And your home phone number? A: 717-77-6263. Q: Your date of birth? A: December 5th, 1946. Q: And your Social Security number? Monday, August 29,2005 8:57 AM Page I . '. A: 173-38-7342. Q: Are you married or single? A: Married. Q: And your husband's name? A: George J. Kopko, Sr. Q: And your occupation? A: I'm a fiscal assistant Clerical. Q: You were involved in an accident on the 23rd of January? A: Yes, I was. Q: Where did the accident happen? A: Vb, Trlndle Road, and the entrance to Delbrook Manor. I think it's Brian Court, or Brian Road. I'm not sure. Q: What time did it happen? A: Oh, my [sigh]. Q: Approximately. A: It was in.the afternoon. Around, I don't know [laugh]. Q: Was it, uni, light out? Or was it dark out? A: It was light Q: Okay. What was the weather like that day? A: It was clear. Q: You were the operator of your vehicle? A: Yes, I was. Q: What type of vehicle were you driving? A: It was a Chevy Impala SS. Q: And the color? A: Black. Q: Do you know what year it is? A: Not off the top of my head. -'~ ~~.- -~'- . Q: Okay. Did you have any passengers? A: No, I did not Q: Did you have your seatbelt on? A: Yes, I did. Q: And what was the purpose of your trip that day? Where were you headed? A: I was coming back from getting some clothes for my son. And I was going home. Q: Axe you familiar with the area? A: Yes, I am. Q: Which lane were you on? A: [UJaudible]&o Q: Oh, fm sorry. Which road were you on? A: I was on Brian. Q: How many lanes is that? .4-0, , ~....- A: That's one coming out onto Trind1e. Q: Okay. And the other vehicle? A: Uh, they were headed west on Trindle Road. Q: How many lanes is Trindle? A: I think there's a eastbound-westbowlll, and a turn lane, for, uh, to the westbound. Q: Did this happen, at this intersection, are there any stop signs or traffic lights? A: There was a sign on, on, uh, Brian. Q: Not on Trindle? A: No. Not at that particular intersectiolL Q: Okay. AIl right Was the other car to your right or your left? A: It was to my left. Q: Okay. Just tell me what happened, please? A: Okay. I came to the stop sign I came to a So, a complete stop. There was heavy traffic. There was a gentleman to my left in the straight lane, that motioned me through. I was very careful. I checked, uh, to my right, me make sure there was no in, uh, no traffic coming. I crossed into, in front of the, in front of the, uh, gentleman, and I was inching out to see, to make sure there was no oncoming traffic from, from my left. I carne out a little further, and I [inaudible] it, went to hit the gas, and all ofa sudden I saw thev-, the white van. I immediately stepped on the brakes, and it hit I did not see him. I had looked back behind the oncoming trnf-, the other traffic . '.' that was stopped, and I did not see him. Now the, uh, vehicle that they gentleman who left out, left me out, was fairly tall. So we just about got stopped, but we didn't And I hit his, well, we came together, and my left front, and his right front came together. I guess that's about it Q: And that was your left front and his right front? A: Right Q: Okay. And were you able to get out of your vehicle? A: Yes, I was. Uh, he stopped in mid, in the, since it was only a fender-bender, I, I backed back up into Brian . Court, to get out of the intersection. He stayed in the turn lane. In the center lane. And he came over, and, uh, I was in the process of giving information to him, and I asked for his, and he did not want to give it to me. So I insisted on it And he decided that he did not have to give it to me. And then I said I was going to call the police. And then he called the police. And then I mean, I called also. Q: And what police came to the scene? A: Hampton Township. Q: Were there any citationS issued? A: Not that I know of. Q: Okay. How many people, uh, were in 1his other vehicle? ~,-'.,.-. A: [Sigh] Uh, He said 15. I saw one, two. There was him, and there, I think there was a woman in the front seat, and, uh, the, uh, I conld not how many were, because the, the windows were, were, urn, uh, what's the word? Tinted. Q: Okay. Were both cars driven from the scene? A: Yes. Q: And did any of the passengers get out of the vehicle? A: Yes, they did. There was, uh, while we were waiting for the police, and while the policeman was there, there was at least four got out to smoke. And then gut back in. Q: Did you talk to any of them? A: No, I did not Q: Did anyone in the other vehicle appear to be injured? A: No. Not at alL It wasn't a big hit It was a small& Q: Small impact? A: Yes. Uh, he had a, a small, there was a, his bumper was the only thing that was dented. Q: Okay. All right The driver. Urn, did you get his name? A: Uh, not at first The only way I got it was from the, uh, the traffic report Q: Uh-huh. Did that gentleman speak English? . A: Not twite-, quite too welL No. Q: Okay. No ambulance called to the scene? A: No. Q: Were you injured at all? A: No. Q: Okay. Anything else you can tell me about the accident that you feel is important? A: Well, Ijust don~ think there was any, any type of& Q: [Inaudible] & A: It was just a small fender-bender. I didn't even think the police should be involved. But I'm glad it was [laugh]. Q: Can you tell me how fat away, he was in the center turn lane. A: Uh-huh. Q: How far away from where he was going to turn w-. was he? -'--".- " A: Before the turn? Before the actual turn? Q: Uh-huh. A: I think the turn Iane just starts& Q: [Inaudible]& A: Veering off where he was. Q: Okay. A: I don't think there was a ac-, a, a full turn lane yet. Q: Okay. So he, what? He was traveling in the center Iane, but was not into the turn area? A: I, I believe he would, urn, this is just pure conjecture, but I think he was coming into the center turn lane. The center turn lane had not been, was not full, a full Jane yet. Q: Okay. Great Have you understood all my questions? A: Yes, I have. Q: And do you acknowledge the information given in the interview is true and correct? A: Yes. Q: With your permission, I1l turn the recorder off. A: Okay. Thank you. . , , [End of Recorded Statement. J A,-, ,. . Ex/uhl! ( RODRIQUEZ, MANUEL October 10, 2005 RODRIQUEZ VS KOPKO COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MANUEL RODRIGUEZ, PLAINTIFF VS GEORGE J. KOPKO AND ANN ELIZABETH KOPKO, DEFENDANTS DEPOSITION OF: TAKEN BY: BEFORE: DATE: PLACE: APPEARANCES: NO. 05-102 MANUEL RODRIGUEZ DEFENDANTS DONNA J. FOX, REPORTER NOTARY PUBLIC OCTOBER 10, 2005, 9:40 A.M. HANDLER, HENNING & ROSENBERG, LLP 1300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA HANDLER, HENNING & ROSENBERG, LLP BY: STEPHEN G. HELD, ESQUIRE FOR - PLAINTI FF JACOBS & ASSOCIATES BY: DONALD R. DORER, ESQUIRE FOR - DEFENDANTS ALSO PRESENT: ELIZABETH RODRIGUEZ, INTERPRETER -"-~._<...-......... < Geiger & Loria Reporting Service - 800-222-4577 RODRIQUEZ, MANUEL October 10,2005 1 TABLE OF CONTENTS 2 WITNESS 3 FOR DEFENDANTS 4 Manuel Rodriguez 5 6 7 8 9 10 11 12 13 DlRECf CROSS 3 EXHIBITS PRODUCED RODRIGUEZ EXHIBIT NO. AND MARKED 14 1 - Notification of Accident Investigation 15 Hampden Township Police Departmeot 23 16 17 18 19 20 21 22 23 24 25 1 STIPULA nON 2 It is hereby stipulated by and between counsel 3 for the respective parties that reading, signing, sealing, 4 certification and filing are waived; and that all objections 5 except as to the fonn of the question are reserved to the 6 time of trial. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MANUEL RODRIGUEZ, called as a witness, being sworn, testified through a Spanish-speaking interpreter as follows, an asterisk indicating when the deponent answered in English: (Elizabeth Rodriguez sworn as interpreter.) DIRECT EXAMlNA nON BY MR. DORER: Q Please state your name. A. Manual Rodriguez. Q Mr. Rodriguez, my name is Don Dorer. You understand I am a lawyer, correct? A' Yeah. Q I am the lawyer for Mr. and Mrs. Kopko in the lawsuit you filed against them. Do you understand that? A* Yes. RODRIQUEZ VS KOPKO 2 4 1 A Yes. 2 Q I'm going to as part of this lawsuit ask you 3 some questions this morning concerning the accident, which I 4 Wlderstand happened on January 23, 2003, as well as your 5 claim for injuries and damages from that accident Do you 6 understand that? 7 A' Yeah. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q If I ask you a question and you give me an answer, I'm going to have to assume you understood the question. However, if I ask you a question and you don't hear me, don't understand me, don't know what I'm looking for, ask me for clarification. I will try to make my question better. I'm not here to try to trick you. A Yes. Q Do you understand that you have been placed \Ulder oath by a certified court reporter or court stenographer who is taking down what you're saying here today? A* Yes. A Y es.A_ ~.,_ Q She's going to make a little book -1t's. called a transcripl She's going to make a little book o(my questions and your answers for the record. Do you understand that? 3 5 1 A* Yes. 2 A Yes. 3 Q Are you under any medications loday tha1 would 4 cause you any side effects or for any reason are you tired or 5 fatigued or unable to hear and respond to my questions? 6 A* No. 7 A No. 8 Q Let him know that I will not be very long 9 today. But for any reason he needs to take break, just let 1 0 us know and we can do that, okay? 11 A' All right 12 A Yes. 13 Q What is your present address? Where do you 1 4 live? 15 A' 2458 Emerald Court. 16 A 2458 Emerald Court. 17 Q In what city is that? 18 A Harrisburg. 1 9 Q Is this a home or an apartment? 20 A* A home. 2 1 Q How long have you lived on Emerald Street at 22 that address? 23 A Like 11, 12 years. 24 Q What is your date ofbirth? 25 A' 9/30/55. 2 (Pages 2 to 5) Geiger & Loria Reporting Service - 800-222-4517 RODRIQUEZ, MANUEL October 10, 2005 1 Q You are now 50 years old? 2 A* Yes. 3 Q \\!here were you born? 4 A* In Cuba. 5 Q At sometime did you leave Cuba and come to the 6 United States? 7 A* Yeah. 8 Q Approximately what year did you come to the 9 United States? 10 A* 1980. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q When you came to the United States in approximately 1980, you were 25 or almost 25, correct? A About 24. Q How far by grade did you go to school in Cuba? A Seventh, because at 16 you have to go to the military service there. Q So you left school when you were 16 but you had completed seven grades? A* Yeah. A He was just saying that in Cuba, after seventh grade they don't care whether you complete school or not, you have to go into the service. Q How long were you in the Cuba service? A* For three year. Q Army? 1 A* Yeah. 2 Q Why did you come to the United States in 1980? 3 What fm getting at, any particular reason or anything that 4 drove him to leave Cuba to come to the United States? 5 A He is saying the opportunity came up for him 6 to leave Cuba And since he wasn't real keen to the things 7 that were going on, he left. 8 Q Did you go to any schools after you came to 9 the United States? 10 A* No. 11 Q By the way, 1 didn't put this on the record, I 12 don't think. Who is interpreting for you? 13 A* My wife. 14 Q What is your wife's name? 15 A * Elizabeth. 16 Q When did you marry your wife? 17 A * 1983, December 25th. 18 A No. December 31st. 19 Q That's okay. 20 Itwas1993? 21 A 1983. 22 Q Around the holidays? 23 A* Yeah. 24 25 Q Close enough. Your wife is here interpreting for you as I RODRIQUEZ VS KOPKO 6 8 1 ask you questions, but you obviously know some English. 2 have you learned the English that you do know? 3 A He's saying he never went to school, but he's 4 learned it from talking to people and different activities 5 that he's done. 6 Q Did he have a chance to learn any English at 7 all before he came to the United States? 8 A* No. 9 A No. 1 0 Q I take it you can read and write in Spanish, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 How correct? A* Yes. Q Can you read in English? A A little bit but not a whole lot Q Can you write at all in English? A* No. A No. Q I don't need to get overly personal, just ask some background You've been married continuously to your wife here since 1983? A* Yeah. ...._'" .c_ - Q No separations? No. This is your fII5l and only marriage? Yes. A' Q A' 7 9 1 Q Do you have any children? 2 A* Two. 3 Q What are their names and ages? 4 A * Manuel and Samantha. 5 A Manuel is eight 6 And Samantha? 7 A* Six 8 A Six. 9 Q Does Mrs. Rodriguez work outside the home? 10 A* Yes. 11 A Yes. 12 Q Where does Mrs. Rodriguez work? 13 A Support Solutions. 1 4 Q How long has Mrs. Rodriguez worked at Support 15 Solutions? 16 A Seven years. 17 Q What do you do for Support Solutions? 1 8 A Human resource manager. 19 Q Mr. Rodriguez, where did the accident on 20 January 23, 2003, take place? 21 A Camp Hilt. 22 Q Do you remember what day of the week it was? 23 A He's not sure what day of the week. 24 Q I understand you were driving a van? 25 A* Yes. 3 (Pages 6 to 9) Geiger & Loria Reporting Service - 800-222-4577 RODRIQUEZ, MANUEL October 10, 2005 RODRIQUEZ VS KOPKO 10 12 1 A Yes. 1 Q I forget if! asked this already, but what 2 Q This van was owned by Support Solutions? 2 time of the day did the accident happen? 3 A* Yes. 3 A He said it was approximately like t :35, maybe 4 Q Before the accident happened, how long had you 4 20 minutes to 2, something like that. 5 been working with Support Solutions? 5 Q How long were people scheduled to work before 6 A About three years. 6 you took them back? 7 Q What were you doing for Support Solutions on 7 A They were to work eight hours. 8 the day of the accident? 8 Q I didn't ask this befon; I don't think. But 9 A Taking employees to work. 9 wbere did the trip that afternoon start? 10 Q Which employees? 10 A Wark release. 11 A The ones that worked for Support Solutions. 11 Q Which is where? 12 Q Where were you trying to get? 12 A 19th and Gibson. 13 A To Platex. 13 Q What was the weather like that day? 14 Q Where was Platex back then? 14 A He said it was fme. The roads weren't wet or 15 A He's not sure of the address. 15 anything. 16 Q Do you recall that it was either in the Camp 16 Q A clear, dry day? 17 Hill or Mechanicsburg area? 17 A* Yes. 18 A Camp Hill. 18 A Yes. 19 Q Just so I understand, Support Solutions, is 19 Q What road were you on when the accident 20 this like a temporary work agency? 20 happened? 21 A We're a staffmg ageney. We staff employees 21 A He's not sure of the 1!~2J..Lt.__ 22 for Genco, which has five facilities in the area. 22 Q Do you know which direction yoll were traveling 23 MR. HELD: Kind of like a Neighbor Ready or 23 as far as east, west, south, north? . 24 something like that? 24 A He thinks it was north because he was going to 25 A Yes, something like that. But we provide long 25 Camp Hill. 11 13 1 tenn versus daily. 1 Q What type of vehicle were you driving? 2 BY MR DORER: 2 A A Chevy 15-passenger van. 3 Q How many people were you driving that day? 3 Q Ibis van was owned by Support Solutions? . A* Fourteen. 4 A* Yes. 5 A Fourteen. Fifteen with him. 5 Q Mr. Rodriguez, if! told you that I believed 6 Q Were some of these employees or employ 6 you were traveling on Trindle Road when the accident 7 passengers on prison work release programs? Did I see that 7 happened, would that ring a bell, remind you of where you 8 somewhere? 8 were? 9 A* Yes. 9 A He believes so. 10 A Yes. 10 Q I also will tell you I believe that you were 11 Q All or just some? 11 probably traveling more west than north since you're heading 12 A Some. Not all. 12 into Camp Hill. Does that make seru;e to you, or do you still 13 Q Before I came here today, I saw some 13 believe you were going north? "' statements from people who were in your van. And I think. at 14 A He said it could be right. He's not sure 15 least one person said that they - after the accident they 15 because he doesn't travel that way. 16 just walked away and walked down to where they were supposed 16 Q That's my next question. Had he driven 17 to work that day. Do you believe that you were close to 17 employees to Platex before? 18 where you were trying to get to when the accident happened? 18 A Always. 19 A* Yes. 19 Q So you had driven on this road before? 20 A Yes. 20 A* Yes. 21 Q Since he was driving employees to work, even 21 A Yes. 22 though he doesn't recall what day of the week it was, was it 22 Q About how many times before approximately? 23 a weekday as opposed to a weekend; or would he still not 23 A He used to travel to Platex about three or 2. know? 24 four times a day transporting and bringing back employees. 25 A It was a weekday. 25 Q Where the accident happened, what is the speed 4 (Pages 10 to 13) Geiger & Loria Reporting Service - 800-222-451'T RODRIQUEZ, MANUEL October 10, 2005 RODRIQUEZ VS KOPKO 14 16 1 limit? 1 Q I understand. 2 A He believes 35 miles. 2 As I recall, you said before you were 4 to 5 3 Q How many lanes is Trindle Road where the 3 meters away from when the center lane formed, is that 4 accident happened? 4 correct? 5 A He said there's one coming this way, one going 5 A Yes. 6 that way, and then there's another one that goes to the light 6 Q Do you know the name of the road that came out 7 when you're going to make a left. 7 from your right? 8 Q Where is this light? 8 A No. 9 A The light is right at the comer of where he 9 Q If I told you it was Brian Lane or Brian Road, 10 would make a left to go into Platex. 10 would that ring a bell? 11 Q How far was the accident point from the light 11 A Something like that, but he doesn't remember. 12 where he'd be making the left? 12 Q I know this can be hard to freeze or lock into 13 A He said 4, 5 meters from where he had to turn 13 your mind. But where was the lady when you fIrst have a 14 before the light. 14 memory of seeing her vehicle? 15 Q Tell me how the accideot happened. 15 A He said he doesn't remember seeing her until 16 A He said he was coming straight on the lane 16 sbe actually hit him. 17 going towards the light where he was going to turn to make a 17 Q lbe road that came from your right -- I know 18 left, and there's a stop sign on this side over by where the 18 you don't recall. And I believe it was Brian Road or Brian 19 church is. 19 Lane. whatever -- that road had a stop sign controlling or 20 And he said then the car came out, and he 20 stopping those vehicles trying to enter onto Trindle Road, 21 tried to put his brakes on to stop but it was too late. 21 correct? ,",-- ~-<.~.-.. - 22 Q The stop sign that he just mentioned or the 22 A Yes, there was a stop sign there. 23 road that came out, as he's traveling down Trindle, this road 23 Q Since you've told me that you didn't see her, 24 is coming from his right-hand side? 24 until she was in front of you, I take it then that you don't 25 A It's on the right. As be's going this way, 25 know whether she had either come to a stop, then pulled out, 15 17 1 the stop sign is corning this way. And he said she's trying 1 or just gone through without stopping? 2 to turn to go up, the opposite way that he's going. 2 A He's not sure. 3 Q What lane were you in when the lady pulled out 3 Q I know this can be hard to judge. How far in 4 apparently intending to go left? 4 front of him was the lady when he first saw her? 5 A He's corning down on the right-hand side. 5 A He's not sure. He said it happened so 6 A* Aod the lady come this way (indicating.) 6 quickly, he's not sure. 7 A Because she wants to come out to turn the 7 Q Did you try to do anything to avoid the 8 opposite way that he's going. 8 accident such as braking or swerving or anything else? 9 Q Were you in the travel lane ofTrindle Road or 9 A He said he tried to put the brakes on but that 10 were you in the center turn lane? 10 the impact still occurred. 11 A He was on the right 11 Q When the lady was first in front of you, how 12 He said he still had some time before he would 12 fast were you going? 13 go into the left to the light to turn. So he was traveling 13 A He said maybe about 15 miles an hour because 14 on the right-hand side before it turns into the lane that you 14 there's a lot of traffic in the area. 15 can turn to make a left at the light. 15 Q That was my next question. There was a lot of 16 And he's saying he had like 2 meters before he 16 traffic that afternoon? 17 can get into the other lane that's going to go to the light 17 A He said yeah. That street is always real 18 that turns. 18 busy. 19 Q He was not in the center lane passing other 19 tvIR. DORER: Off the record for a second. 20 vehicles on his right when the accident happened; he was 20 (Discussion held off the record.) 21 still in the regular travel lane? 21 BY MR. DORER: 22 A He's saying that the road is still a two-lane 22 Q Do you know how fast the lady was going when 23 before you get to where you can go to go left. So he was 23 she was in front of you? 24 still on the right-hand lane going towards getting to the 24 A* I don't know. 25 light where he would get into the left and then turn. 25 A He doesn't know. 5 (Pages 14 to 17) Geiger & Loria Reporting Service - 800-222-4571 , , RODRIQUEZ, MANUEL October 10,2005 RODRIQUEZ VS KOPKO 18 20 1 Q Was the lady's vehicle or the vehicle 1 And the guy that \Va>; behind him also had 2 completely in your lane or just the front end? 2 called the police. 3 A The front of her car when she turned. 3 Q Do you -know the name of the person that was 4 Q What part of the van hit or came in contact 4 behind you? 5 with what part of the car? 5 A Oh, he was behind her. I'm sorry. He said 6 A The bumper of the van on the passenger's side. 6 that the gentleman that wa<i behind her, that he had given 7 He believes: it was the bumper side of her vehicle as well. 7 them a card because he was a witness to what had happened. 8 Q What kind of car was she driving? 8 Q He doesn't know who that was, though? 9 A He believes it was a Chevy Caprice or 9 A No, he doesn't remember. 10 something, but he's not sure. 10 Q Did you ask the lady if sbe was okay? 11 Q Do you remember the color? 11 A Yes, and she said yes. 12 A He believes it was blue. He's not sure. It 12 Q Did you learn her name al the accident scene? 13 wasn't a new car. 13 A He said no. The police officer came and then 14 Q Were you wearing a seat belt? 14 just moved the vehicles, but he didn't know her name. 15 A* Yes. 15 Q Did the lady ever give you any insurance 16 A Yes, because he said that's one thing that he 16 information or her driver's license information? 17 made sure, that everyone on the van had their seat belts on. 17 A No. 18 Q Is it just the seat belt or seat belt and 18 Q Do you believe that the policeman did that? 19 shoulder? 19 A He said he thinks the police officer got it 20 A Shoulder. 20 because he moved them aside and then got paperwork from each 21 Q When you tried to break for the accident, do 21 one of them -'-- ~_..L........ 22 you know whether - even though you still had the acciden~ 22 Q Did the lady ask if you were hurt? . 23 do you know if you were able at least to slow the van down 23 A To him, she didn't ask him anything. 24 from the 15 you had started from? 24 The guy behind her was the one that was asking 25 A He said yes. He thinks that if he wouldn't 25 if everybody was okay and if anybody was injW1rl 19 21 1 have slowed down, it might have been worse than it was. 1 Q But you do know it was a lady driver that 2 Q I know you estimated for me you were going 15 2 pulled out, not a man driver, right? 3 when you first saw her. Can you tell me how fast you had 3 A* Yes. 4 gotten the van slowed down to? 4 A Yes. 5 A He said he's not sure what it was. I mean, it 5 Q Do you know how old this lady was? 6 was less than what he was actually driving but he can't 6 A He said it was an older lady. 7 really tell you how much. 7 Q Any passengers in the lady's car? 8 Q After the vehicles hit, what happened next and 8 A No. 9 what did he do next? 9 Q Do you know whether or not her husband or any 10 A He said they got off the van to see if 10 other people from her family came to the accident after the 11 everything was okay and if anybody was hurt. 11 accident? 12 Q So YOy got out of the van? 12 A He said he remembers some man coming there, 13 A Yes, to see if anybody was hurt or if the lady 13 but he's not sure who the man was. 14 in the other vehicle was hurt, because he said there was some 14 Q Did you think you were hurt at the accident? 15 kind of fluid leaking and they thought it might have been 15 A He said he didn't think about it because of 16 something that was going to cause a problem. 16 the nervousness and then the people in the van getting all 17 Q Which vehicle was the fluid coming from? 17 excited and stuff. 18 A He believes it was the van, but he's not sure. 18 Q How long did it take the policeman to get 19 Q Did you go up to the lady in the Chevrolet? 19 there? 20 A* Yes. 20 A He thinks maybe 15, 20 minutes. 21 A Yes. 21 Q What did you do during that time while you 22 Q What did you say to her? 22 were waiting for the policeman? 23 A He said that he told her he had the insurance 23 A He said he was calling the office to let them 24 papers, if she needed them; and she said, no, she was going 24 know what had happened. 25 to call the cops. 25 Q Did the policeman give anybody any tickets? 6 (Pages 18 to 21) Geiger & Loria Reporting Service - 800-222-4517 , . RODRIQUEZ, MANUEL October 10,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A He doesn't know. He just knows he didn't get one. Q After the policeman did his investigation, did he give him any report or infonnation about either the accident or the other lady? A He said he gave him a copy of the paper he had completed. Q He gave him a copy of that? A Yes. Q What did he do with that paper? A He has it Q Do you have it with you? A He has it at home. Q Can he give that to Mr. Held to give to me? A Yes. MR DORER: You have this, right? MR HELD: Yes. MR DORER: rm not going to mark this just yet BY MR DORER: Q Mr. Rodriguez, what I have bere is a paper called Notification of Accident Investigation. I believe that the Hampden Township police officer completed this at some point after the accident Let me just show it to you for a second. 1 Now, my question is, the paper that the 2 policeman gave you - and it sounds like you still have a 3 copy at home. You're going to give it to Mr. Held-does 4 that paper look like the paper that I just showed you? Did 5 what I just show you look like something different? 6 A He said it looks the same. He thinks his copy 7 is pink and this is a copy of that 8 MR OORER: 111 make this Deposition 9 Exhibit I when this is over. to (Notification of Accident Investigation, 11 Hampden Township Police Department, marked Rodriguez Exhibit 12 No. I.) 13 BY MIUJORER: 14 Q The document which we marked as Rodriguez 15 Exhibit No. I -I have to identify the paper so we know what 16 is being talked about when we read the transcript later - 17 you believe this is a copy of what the policeman gave you 1 8 that day? 19 A* 20 21 22 23 Yeah. A Yes. Q Do you remember what happened to your body inside the van when the impact happened? A He remembers going to the side when the 24 accident occurred. Q Did the policeman or anyone else offer to get 25 RODRIQUEZ VS KOPKO 22 24 1 him an ambulance or medical attention? 2 A He said no one at that moment felt that they 3 needed one. He just started feeling something afterwards. 4 Q How soon afterwards? 5 A He said maybe about an hour or so later when 6 he got to Platex: because he asked them to get him some 7 aspirin. s 9 10 11 12 13 14 no. 15 16 17 18 19 20 21 22 23 24 25 Q anybody? A He said no. But they asked if they needed an ambulance and no one needed one, so they didn't call for one. Q Did any of the vehicles need a tow truck? A No. He said one was leaking antifreeze, but Did an ambulance come to the scene for Q Did that vehicle need a tow truck? A No, nobody needed a tow truck. Q Were both vehicles driven away? A He said he doesn't know about hers. He drove his over to Platex:, but he doesn't know because the officer told him he could leave. But he doesn't know whether her car needed a tow truck or not .10_. .~ __ ~ Q Was her car damaged? A He said it looks like the bumper had some ~ damage on it, but he's not sure, and the light Q Was the light broken or cracked? 23 25 1 A He thinks it was broken. He's not sure. 2 Q Which tight? 3 A The passenger one where the bumper is. 4 Q Was the van damaged? 5 A He said the bumper and the fender to the van 6 because he said that the bumper needed replaced or something. 7 Q Either at the accident scene or any other 8 time, was he aware of any of the vehicles being photographed 9 by anybody? lOA He said he remembers someone from the 11 insurance taking pictures of the van. 12 MR. DORER: OfT the record. 13 (Discussion held off the record.) 14 BY MR. DORER: 15 Q As I lUlderstand it, for those passengers at 16 least who had not already walked down to Platex:, you drove 17 the rest down to Platex: and you worked that day, correct? 1 8 A He said he drove over to Plalex:, but nol 19 everyone stayed to work. He had to take some over to 2 0 Concentra to be checked, and he had to get checked at 2 1 Concentra. 22 Q Was he checked at Concentra that day or the 23 next day? 24 A He said that he got checked by them the next 2 5 day because they didn'l have a whole lot of time. So they 7 (Pages 22 to 25) Geiger & Loria Reporting Service - 800-222-4577 RODRIQUEZ, MANUEL October 10,2005 RODRIQUEZ VS KOPKO 26 28 1 had checked some of the people that he had on the van. 1 A He's said that he felt that it had relieved 2 Q How were you feeling the next day at 2 some of his pain when they did the surgery. 3 Concentrn? 3 Q Are you still seeing Dr. Balog? 4 A He said he couldn't barely move the next day. 4 A He was with him for a couple months, and 5 Q Why couldn't he move? 5 Dr. Balog referred him to Morganstern. 6 A He said he started feeling numbness in his 6 Q When did you last see Dr. Balog? 7 leg; and that ~very time he moved, he felt something was kind 7 A He said about a year ago. He's not sure. 8 of pinching him. 8 Q Are you still seeing Dr. Morganstein? 9 Q What did Concentra do for him? 9 A* Yeah. 10 A They did some x-rays. They said that he had 10 A Yes. 11 some swelling of nerves or something and they sent him for 11 Q When did you last see Dr. Morganstein? 12 therapy. And he said that he was in pain but he continued to 12 A He's saying a couple weeks ago. 13 work. Then they sent him for an MRI. 13 Q What did Dr. Morganstein do for you a couple 14 Q How much longer after the accident did he 14 weeks ago? 15 still work for Support Solutions? 15 A They have him on some medication., but they're 16 A He said maybe two or three weeks. He's not 16 waiting approval from my insurance so that they can do some 17 sure because the doctor was telling him that the medication 17 type of stimulation, put a wire in his back, to try that for 18 would help him. 18 a few days and see if it works and, if it does, then do the 19 Q When he left after two or three weeks, did he 19 complete surgery where they put it into his back. 20 quit or was he frred? 20 Q Who would do that surgery? 21 A He said he didn't quit or get frred. He was 21 A He thinks it's Dr. Mo~S~~ut he's not 22 on medical leave because the doctor told him he couldn't work 22 sun:. 23 and the medication wasn't working. 23 I don't think it is. I think. he refers him to . 24 Q Which doctor told him he couldn't work? 24 someone else. 25 A The doctor from Concentra. 25 Q But as far as the past year or so, you have 27 29 1 Q After that point did he ever return back to 1 been primarily treating with Dr. Morganstein., correct? 2 Support Solutions? 2 A* Yeah. 3 A* No. 3 A Yes. 4 A He said no. He had surgery and stuff after 4 Q So he may refer you to different people and so 5 that and he hasn't been back. 5 forth or send you for tests, but he's been your primary 6 Q Has he tried to work anywhere since the 6 doctor since you last saw Dr. Balog? 7 accident? 7 A Yes. 8 A No. 8 Q Who is your family or primary care physician? 9 Q Do you remember when the surgery was? 9 A He's gone to Polyclinic and Community Medical. 10 A He doesn't remember the date. 10 Q Has he been seeing a Donald Spigner? 11 Q Was it a few months after the accident? 11 A That's from Community Medical, one of the 12 A Yes. He said yes, beeause they had him on 12 doctors. 13 medication and they had given him some injections to see if 13 Q He's a family doctor? 14 that would help before they actually did surgery. 14 A Yes, he's a family doctor. 15 Q Who did the surgery? 15 Q How long has Dr. Spigner been your family 16 A Dr. Balog. 16 doctor? 17 Q Had you ever seen Dr_ Balog for any reason 17 A He said probably 10 to 12 years. But they're 18 before the January 2003 accident? 18 a group of doctors so he doesn't always see the same one. 19 A No. 19 Q It's at Community Medical? 20 Q How did you know to go to Dr. Balog after the 20 A Yes, because he was just at the doctor's and 21 accident? 21 he saw Dr. Beck, which was a different doctor. 22 A He said from Worker's Comp they sent him over 22 Q Did the Workers' Compensation insurance ask 23 to see that doctor. 23 him to go see a doctor of their choice? 24 Q The back surgery Dr. Balog did, did that help 24 A Yes. 25 you at all? 25 Q My information is that was December of2003, 8 (Pages 26 to 29) Geiger & Loria Reporting Service - 800-222-451'T RODRIQUEZ, MANUEL October 10,2005 RODRIQUEZ VS KOPKO 30 32 1 almost a year - 11 months or a year after the accident. 1 average daily activities are limited. 2 Does that sound about right? 2 A He said he can barely do nothing that he used 3 A Yes. 3 to do before the accident 4 Q Do you know the name of that doctor? 4 Q How does he spend a typical day now? 5 A He doesn't remember because he believes it was 5 A He said basically he's either sitting for a 6 just one appointment that he had with that doctor. 6 while, standing for a while or lay down, most of the time 7 Q ~s he remember where it was? 7 just at home. 8 A Somewhere in Hershey. 8 Q Are you under any specific restrictions as to 9 MR. DORER; Mr. Held, do you know who it was? 9 what you can or can't do from your doctors if left to your 10 Off the record. 10 own judgment? 11 (Discussion held off the record.) 11 A His doctor just told him that he can't do much 12 BY MR DORER: 12 lifting, and he's to try to walk a little every day. 13 Q Mr. Rodriguez, you've acknowledged that you 13 Q Beyond ordinary activities, before the 14 had what is known as an independent examination through the 14 accident happened was he involved in any sort of recreational 15 Workers' Compensation but you don't recall the doctor's name, 15 activities, sports, hobbies, trave~ things of that nature, 16 is that conect? 16 that have been impaired by the accident? 17 A Yes. 17 A He said he did a little bit of everything 18 Q Before I forget, what is your Social Security 18 before the accident 19 number? 19 Q Before the accident, about 10 years before the 20 A* 197-60-2274. 20 accident, I know he had back surgery. 21 Q Mr. Rodriguez, tell me what symptoms or 21 A Yes. A_.__>--_ - 22 complaints you've had lately that you attribute to the 22 Q That was Dr. Peppelman? 23 accident 23 A Yes. , 24 A He's saying that he has problems with his leg 24 Q Was that already 1992 or so? 25 and his back:; and he takes medication; and it causes him not 25 A He said somewhere around there. 31 33 1 to be able to sleep well at a night; and a lot of things that 1 Q Did he have an accident in '91 or so? 2 he normally would have beeo able to do he can't. 2 A Yes. 3 Q Which leg? 3 Q Did he get a settlement from that accident? 4 A Left. And he's having problems with the right 4 A Yes. 5 one as well. 5 Q After you had the surgery with Dr. Peppelman, 6 Q Is the left worse than the right? 6 as best you can remember, how long after the surgery did you 7 A He said sometimes he doesn't feel it because 7 follow Ylith Dr..Peppelman before he released you? 8 it feels like it's asleep, so he feels like he's going to 8 A He said he's not sure because he was seeing 9 fall or something, the left one. 9 him for about six months and then they sent him to therapy. 10 Q I know that they have been investigating the 10 And then he said he started feeling better. He didn't feel 11 insurance to get him a spinal cord simulator. However, has 11 he had any problems. 12 he ever been given a TENS unit? 12 Q Ask him if he remembers at what point he 13 A He's been using a TENS Unit, but the doctor 13 remembers not having any problems from the back. 14 said it's not really doing anything to relieve his pain. 14 A He said maybe a year and a half or so after 15 TItat's why they want to do the spinal stimulator. 15 that, he was able to start doing some of his normal 16 MR HELD: Let's go off the record for a 16 activities. 17 second 17 Q When before the accident had he last seen any 18 (Discussion held off the record.) 18 doctor for any back or leg complaints? 19 BY MR DORER: 19 A When before this accident? 20 Q What medication do you take presently? 20 Q Yes. 21 A He's not sure of the name of it. 21 A He said he hasn't seen anybody for his back. 22 Q But Dr. Morganstein prescribed it? 22 Q Did he have any other injuries in the last 10 23 A* Yes. 23 years other than his back surgery, in the 10 years before 24 Q Comparing what you could do before the 24 !hi? s. 25 accident to what you can do now, tell me what things in your 25 A No. 9 (Pages 30 to 33) Geiger & Loria Reporting Service - 800-222-4571 RODRIQUEZ, MANUEL October 10,2005 1 Q I undenrtand that be had been working at 2 Support Solutions for about three years or so before the 2003 3 accident, correct? 4 A Yes. 5 Q I undenrtand that be's saying that he felt 6 fIne after the fIrst surgery back in '92 after about a year 7 and a half and.he was working. Even though he's feeling 8 fine, was he stilltmder any restrictions because of that 9 sw-gery even 10 later? lOA He said be was working before that. He didn't 11 have any restrictions. 12 Q I saw something in the records that suggested 1 3 that he was full time but considered light duty before tbe 14 accident in 2003. Ask him if be knows what that might have 15 been. 16 17 18 19 20 21 22 23 24 25 A He doesn't know of any restrictions. Q Mrs, Rodriguez, you're not really, strictly speaking, the witness and really just taking an oath in your capacity as an interpreter. But rmjust going to put this next question to you. What insurance do you have at work? I have a PPO. Yau have a PPO? I believe so. MR. HELD: You mean private health insurance? A Q A 34 35 1 A My private health insurance? 2 MR. HELD: Yes. 3 A Higbmark. 4 BY MR DORER: 5 Q Higbmark PPO? 6 A Yes. 7 Q And I understand that he had a Workers' 8 Compensation conunutation last summer or so? 9 A Yes. 10 Q As far as the medical treatment that he's 10 11 received since then, that's been on your insurance? 11 12 A Yes. 12 13 Q Do you know if Higbmark PPO has an ERISA, any 1 3 14 copayments? 1 4 15 A Yes. 15 1 6 Q Has he accumulated copayments since the 1 6 17 commutation? 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 A Yes. Q Do you know approximately what the copayrnents are totaling? A I don't know the total. It's $15 every time he goes, plus the prescriptions. Q But you could get that to Mr. Held at some point if we needed that? A Probably. RODRIQUEZ VS KOPKO 36 1 MR HELD: Just so you know, I have not 2 received anything from Highmark Blue Shield indicating an 3 ERISA status lien. 4 A No, but they would have sent something to me 5 first release first, before they would send anything. 6 MR. DORER: I don't have any further 7 questions. Thank. you. 8 (The deposition was concluded at 10:48 am,) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .AI_" ~_...._.... 37 1 STATEOFPENNSYLVANlA : S 2 COUNTY OF DAUPHIN 3 4 5 6 7 8 9 I, Donna 1. Fox, a Reporter Notary-Public, authorized to administer oaths \'Iithin and for the Conunonwealth of Pennsylvania and take depositions in the trial of causes, do hereby certify that the foregoing is the testimony of Manuel Rodriguez. I further certify that before the taking of said deposition, the \'Iitness was duly sworn; that the questions and answers were taken down stenographically by the said reporter Donna 1. Fox, a Reporter Notary-Public, approved and agreed to, and afterwards reduced to typeYlriting under the direction of the said Reporter. I further certifY that the proceedings and evidence contained fully and accurately in the notes by me on the \'Iithin deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereWlto, subscribed my hand this 14th day of October, 2005. DonnaJ. Fox, Reporter My cornmfssion expires: March 29, 2008. 10 (Pages 34 to 37) Geiger & Loria Reporting Service - 800-222-4571 ~UG 17200507:31 FR N~TIONWrDE MUTUAL rNS610234 2902 TO 917177310987 0,02/,]2 NOTIFIC. ,'ION OF ACCIDENT INVeSTIGATION HAMPDEN TOWNSHIP POLICE DEPARTMENT 230 SOUTH SPORTING Hill ROAD, MECHANICSBURG. PA 17055-3097 . (717) 761-2609 , ~ otlce is hereby gl"~n that the accident idenlifled below Is being investigated by the Hnmpden TownshIp Police and th;H the ommonwealth of Pennsyl'Jania Police Accident Report will be submitted as prescrlbeo by Section 3746 (c) of the VehIcle Cod~. T1")j ?.?CCfH<5 OFFX::ER'S~ :lOUCE INCIDENT NUIr.lSER lO~J ~IOf'!l.l or, I <:D'" . \ , } 1'--/1\1 jJw::. RD 'f v""JI>-^J UNIT #1 eD 36. LiGAlL'l' 4'.OWNEJl .lOOIl~S 42:. CITY. STATE & Z1P cooe 43. YEAR 45. IJOOEL(\ T SOUl 1"P~1 I 47. 800V I TYP( SD,I/IIlTlAlIMPACT POINT 53. m<ICLE GR,DIENT 511 ORIVER HUMBER !;is DAIIJ~R ...., 59.0F11VER "'OORESS 60, CITY, STATE & ZlPCOOE 4S yoru:l/NOT Boor TYPE} 41 Boor ryPE SQ.INrTlALll;\p,lCT POINT 53. VEHICLE GRADIENT 55 Qfl;IVER NUMBER 51!. OAIVE~ NAM' S9. DRIVE~ AOOl'lESS 60. CITY, stATE & Zl9COOE "M NO UNK tj " "3 7 fo2t,:3 GA., COMM. VEH VO NO 51, CARRIER fiB CARAn:P. '00RES5 aG. CITY, SUTE " Z1PCOOE 10. usoor I 66. CAAA1'R ADORESS Sg CITY. STArE \\ ZIP coDE 70. USOOi' fee, PUG, .. 74. CVWR 11?, vEH '-- CONFTG 71. RELEASE OF \i^Z MAl 15. NO, OF v 11 N [J UNK n AXlES 72. 1J~j./. CONFlG, 75, NO, Of AX1..ES INSURAHCE IMfORMIJ'IQN -UNIT1- POLlCYNOS8 S 85 D~SCR]pnON OF DAMAOED PMPEnfY N /;lID ~ ,p b Lj.. '2-, \4' [HSU!AHCE IN/DRMAnOll -UHIT1- OW~E:R AOORESS 0/-2-3 ~D3 NO lJ'-IK 0 2.6'7fo to MA,Jvt L.. H 2-'-1 ~6 ~M I-!. b {'if !C.l)Of'..IGUG~ t-Ll Br 0'-- f'/uk/Y.:.~ <f..6 ZA.~ ICe. puC It - 74, GVWR 77 RtlEASE OF Hill MAT vel N(l UNKU CO""~u Pf'6~ rouc'! NQ il PHO~E 4DOltlONAlINFOflMATlON: kU.5HJU- r.,-{7 ..f9J.3 I.J'~ (V.., (Ct-\/>LL - ----- - - VI A-nertl f'11 r1 G- o. uJM fJ ~,,:r A eRaS'::; -n.,Je u,,.rr..s. V? uU'S 1,.1 z..,oc.l LA-~f. wvtt.rJ Vi €f'rJ'r tPD RbA DIVfiY~ . *~ TnTCIi PCl'-;~ Ci") 'kY . 05HB-00029 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, George J. Kopko and Ann Elizabeth Kopko MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No, 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELlZ~BETH KOPKO DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendanls herein, and that he caused a true and correct copy of the attached Motion of Defendants, George J. Kopko and Ann Elizabeth Kopko, for Summary Judgment to be served by regular first class mail upon: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, P A 17110 Attorney for Plaintiff, " l ! ---'''_.. Date: January 17, 2006 " '. J ~ Donald R. Dor~r, Esquire Attorney for Defendants -' , -l~ ..0 , .).~ ~~ (,1 C' Stephen G. Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR CONTINUANCE TO TAKE DISCOVERY ESSENTIAL TO DEFENSE OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND NOW comes the Plaintiff, by and through his attorney, Stephen G. Held Esquire, who moves this Court to enter an Order granting additional discovery pursuant to Pa. RC.P 1 035.3(b), and in support thereof avers the following: 1. Plaintiff commenced this action by writ of summons filed on January 6, 2005, personal injuries as a result of a Motor vehicle collision which occurred January 23, 2005. A true and correct copy of the aforementioned writ is attached as Exhibit "A". 2. In the aforementioned writ, Defendant George J. Kopko only was named. 3. Service of this writ was obtained on January 10,2005 by the Sheriff of Cumberland County by handing a copy of the aforementioned writ to the Defendant George J. Kopko at his residence located at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania. 4. By mistake of Plaintiffs counsel contributed by letter from Defendant's insurance carrier dated February 13, 2003 which identified a settlement offer to Plaintiff on behalf Defendant George J. Kopko as "Our Insured," Plaintiffs counsel filed the writ against Defendant George J. Kopko. The aforementioned letter is attached as Exhibit "B". 5. After expiration of the Statute of limitations, but prior to the filing of the Complaint, Plaintiff's counsel became aware that Ann Elizabeth Kopko was actually driving Defendant George J. Kopko's vehicle at the time of the accident. 6. Plaintiff's counsel filed a complaint on April 6, 2005, also naming Ann Elizabeth Kopko as a Defendant. A true and correct copy of the aforementioned complaint is attached as Exhibit "C." 7. Defendant filed a timely Answer with New Matter, pleading inter alia Statute of Limitations. A true and correct copy of Defendants' new matter is attached as Exhibit "D." 8. Defendants waived any errors of service of the Complaint in footnote 1 located in paragraph 32 of their Answer with New Matter. 9. Plaintiff filed Plaintiffs Reply to Defendants' New Matter on April 32 [sic], 2005. A true and correct copy of Plaintiff's Reply to Defendants' New Matter is attached as Exhibit "E." 10. Ann Elizabeth Kopko is married to George J. Kopko, and resides at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania with Defendant George J. Kopko. 11. On or about September 25, 2006, Plaintiff filed a motion to Amend the Caption in this matter. 12. This motion was listed for argument and briefed, and then argument was continued upon request of Defendants' counsel, and with concurrence of Plaintiff's counsel, in order to be heard contemporaneously with a motion for Summary Judgment to be filed by Defendants. 13. On or about January 17, 2006, Defendants filed a Motion for Summary Judgment. 14. On or about January 23,2006, Plaintiffs counsel sent Defendants' counsel a letter requesting additional discovery in order to defend Defendants' Motion for Summary Judgment. A true and correct copy of this letter is attached as Exhibit "F." 15. Plaintiff believes that discovery as set forth in this letter would provide information which would aid in the disposition of Defendants' motion for Summary Judgment and Plaintiffs motion to amend caption, which are both pending before this court. 16. On January 31,2006, Defendants' counsel sent a communication via electronic mail that he was reviewing the discovery request as set forth in Plaintiff's Attorney's January 23, 2006 letter indicating that he would have to review this request with Defendants' insurer prior to responding. A true and correct copy of this electronic mail communication is attached as Exhibit "G." 17. As of the date of this motion, no response, positive or negative, has been given. 18. Pa. R.C.P., rules 1 035.3(b) and 1 035.3(c) grants authority to This Court to allow the taking of additional discovery in which to defend a motion for Summary Judgment. 19. Plaintiff's counsel believes, and therefore avers, that discovery of additional claims file material, which arguably should have been provided through prior discovery, is essential to defense of Defendants' present motion for Summary Judgment. See attached affidavit as Exhibit "H." WHEREFORE, Plaintiffs pray this Honorable Court grant Plaintiff's motion to this Court to enter an Order granting additional discovery pursuant to Pa. R.C.P 1035.3(b). Date:~ Respectfully Submitted, HANDLER, H~NNING ~ ~S()BERG' LLP By: () A I /JUVZ; Step~d: Esquire Attorney I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (',S - 16d- Civil Action - (XX) Law ( l Equity C L'U ~ l '-r8L~ Manuel Rodriguez 2458 Emerald Court Harrisburg, PA 17104 George J. Kopko 1901 Kent Drive Camp Hill, PA 17011 v. Plaintiff Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. L Writ of Summons Shall be issued and forwardJ;Jed to (, lA, ttorney (XX )Sheriff Stephen G. Held. ESDuire ~~ (j 1300 UnDlestown Road ~ Harrisbura. PA 17110 Sign tur 0 :Attorney (717) 238-2000 Supreme Court ID No. 72663 Name/AddresslTelephone No. of Attorney Date: January 4. 2005 () r-<' C~::;, f::) C::.' " c..n ',-, L.. , , -) '. J U\ J; (,.,~I c:.:, - c'; . WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: Date: '- ).:u) ("" J ()A.. C:; I YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF ACTION AGAINST YOU. ( ) Check here if reverse is used for additional information PROTHON. - 55 EXHIBIT I A ":f"!,":;.'f ~ ''''-'' r"".' ~ :1 '!:..~!F i, ~10' pv ~,~ I'.' .. . ~, -. ~ !'.",\<'n~~,., . ,', ,_ 1_ ,~,jMir!J;[,~f / ,I; '~_'~:'~ ,r'; {:'r','!' intl ;"-"", "' r~'~:J k;:,J'/\ "'"'f, :. ,'~ ....,.. ~~l;iJ,t O~S.~qd j". ';,,,..;, .., ,c""",'.:O,:, (! t~~~~, .~ '",f.}u~ "it" ~spll, "" YL .,,,.~u, --:;;;;Jj,ay ..~ "...f~, F'tit. 'if Page 1 of2 . P.O. Box 2655 . 1000 Nationwide Drive * Harrisburg, PA 17015 February 13,2003 Manuel Rodriguez 2458 Emerald COURT Harrisburg, P A 17104 OUR INSURED: George J Kopko OUR CLAIM NUMBER: 5837 D 0424190123200301 DATE OF ACCIDENT: 01-23-2003 We understand that you were injured in an accident which occurred on 01-23-2003. Your permission is needed to allow me to contact your medical care provider directly for any additional information. Please sign the Authorization to Obtain Medical Information form and return it in the envelope provided. If you have any questions or concerns, please contact me. Thank you for your cooperation. C..vnd; f~ NA TIONwr';E MUfuAL INSURANCE COMP ANY Cindy Ferentz (PA-02-19) Claims Department (717)921-8961 '.,;~~; ", Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or onceals for the purpose of misleading, infonnation concerning any fact material t~ _~_"",,'_~,L;"-~_"- surance act, which is a crime and subjects such a person to criminal and civil penalti _Hlga, .. 00&3.0007<0.05, .; ~ . ~ o (.) F :\WP Oirectories\BWS\Complaints\MV A\lntersection\Rodriguez- T~Bone. wpd 0 '" ceo 0 C c:~., J"t .. t:.rl ..~) no; J> -i rr> U " ::r: :n ::0 rll r- "' I ~8 u: ".,~-- -<. '" r~; I S;c" ~, C:) I > T --" ~..~~, (,:,,' -'1 :3: -"7 (') a> (Sin --I 4.. -"",- --, :D -< -< Stephen G, Held, Esquire Attorney I.D, No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Teie: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Manual Rodriguez, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G, Held, Esquire, and make the within Complaint against the Defendants, George J, Kopko and Ann Elizabeth Kopko, and aver as follows: EXHIBIT t C_ 1. Plaintiff, Manual Rodriguez, is an adult individual currently residing at 2458 Emerald Court, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Defendant, George J. Kopko, is an adult individual currently residing at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant, Ann Elizabeth Kopko, is an adult individual currently residing at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 4. At all times material hereto, Plaintiff, Manual Rodriguez, was the operator of a 2002 Chevrolet Passenger Van, bearing Pennsylvania Registration Plate Number EPA5944, which was owned by Enterprise Rent A Car. (hereinafter referred to as "Plaintiff's vehicle"). 5. At all times material hereto, either Defendant Ann Elizabeth Kopko or Defendant, George J. Kopko, was operator of a 1995 Chevrolet Caprice, bearing Pennsylvania Registration Plate Number ETS 1117 (hereinafter referred to as "Defendant's vehicle") owned by Defendant's George J. Kopko and Ann Elizabeth Kopko. 6. At the time of the collision, Plaintiff, Manual Rodriguez, was insured under a motor vehicle policy through Travelers Insurance Company. Plaintiff was covered by the Full Tort Option. 7. On or about January 23,2003, at approximately 1 :55pm, Plaintiff's vehicle, was traveling on Trindle Road near the intersection of Brian Road, Hampton Township, Cumberland County, Pennsylvania. 8. On or about January 23,2003, at approximately 1 :55pm, Defendant's vehicle, was traveling on Brian Road near the intersection Trindle Road, Hampton Township, Cumberland County, Pennsylvania. -2- 9. At approximately the same time and place, as Plaintiff's vehicle was lawfully traveling along Trindle Road, Defendant's vehicle suddenly and without warning proceeded to attempt to enter the far travel lane of Trindle Road whereby before this action could be completed Defendant's vehicle suddenly and without warning drove into the path of and collided with Plaintiff's vehicle. 10. As a direct and proximate result of the negligence of Defend ants, the Plaintiff, Manual Rodriguez, sustained serious and extensive injuries as set forth more specifically below. COUNT I . NEGLIGENCE MANUEL RODRIGUEZ v. ANN ELIZABETH KOPKO 11. Paragraphs 1 through 10 are incorporated herein as if set forth at length. 12. The occurrence ofthe aforesaid collision and the resultant injuries to Plaintiff, Manual Rodriguez, were caused directly and proximately by the negligence of Defendant, Ann Elizabeth K.opko, more specifically, as set forth below: (a) In failing to yield the legal right-of-way to Plaintiff's vehicle in, violation of 75 Pa.C.SA S 3324; (b) In failing to be reasonably vigilant to observe Plaintiff's vehicle; (c) In failing to properly and adequately observe the traffic conditions then and there existing; (d) In driving in a careless manner in violation of 75 Pa. C.SA S 3714; (e) In failing to operate said vehicle in such a manner that would allow Defendant to apply the brakes and stop before pulling in front of -3- Plaintiff's vehicle; (f) In failing to operate Defendant's vehicle under proper and adequate control so that Defendant could avoid striking Plaintiff's vehicle; (g) In failing to keep a proper lookout for vehicles lawfully proceeding in the opposite direction; (h) In driving his vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; (i) In negligently driving his vehicle into the intersection of Trindle Road and Brian Road without properly stopping; U) In failing to enter a through highway without looking both ways for approaching traffic before entering and to continue to look as she advanced through the intersection; (k) In failing to exercise the high degree of care required of a motorist entering an intersection; (I) In failing to stop at a properly posted Stop sign controlling the intersection, in violation of Pa.C.SA S3323(b); (m) In failing to be reasonably vigilant and slowly pull forward to a point where she had a clear view of approaching traffic, in violation of 75 Pa.C.SA S 3323(b); and (n) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing. -4- 13. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, sustained severe injuries, including, but not limited to, bilateral leg pain, lower back, shoulder and cervical back/neck injuries. 14. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Manuel Rodriguez has suffered great physicai pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 15. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 16. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 17. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 18. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 19. Plaintiff, Manuel Rodriguez, believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Manuel Rodriguez, seeks damages from Defendant, Ann -5- Elizabeth Kopko, in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. COUNT (I - NEGLIGENT ENTRUSTMENT MANUAL RODRIGUEZ v, GEORGE J. KOPKO 20. Paragraphs 1 through 19 are incorporated herein as if set forth at length. 21. At all times material hereto, Defendant, George J. Kopko, owned Defendant's vehicle. 22. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Manual Rodriguez, are the direct and proximate result of the negligence, carelessness, and/or recklessness ofthe Defendant, George Kopko, generally and more specifically, as set forth below: (a) In allowing Ann Elizabeth Kopko to fail to be reasonably vigilant to observe Plaintiff's vehicle; (b) In allowing Ann Elizabeth Kopko to fail to be reasonably vigilant to observe vehicles lawfully proceeding on Trindle Road; (c) In allowing Ann Elizabeth Kopko to fail to properly and adequately observe the traffic conditions then and there existing; (d) In allowing Ann Elizabeth Kopko to drive in a careless manner, in violation of 75 Pa. C.S.A. S 3714; (e) In allowing Ann Elizabeth Kopko to fail to operate Defendant's vehicle under proper and adequate control in order to avoid striking Plaintiff's vehicle; (f) In allowing Ann Elizabeth Kopko to fail to operate a motor vehicle -6- under proper and adequate control in order to avoid a collision; (g) In allowing Ann Elizabeth Kopko to fail to exercise reasonable care in the operation and control of a motor vehicle, in violation of 75 Pa. C.S.A. S 3309; (h) In allowing Ann Elizabeth Kopko to fail to exercise the high degree of care required of an operator of a motor vehicle; (i) In allowing Ann Elizabeth Kopko to fail to yield the right-of-way to Plaintiff's vehicle; and OJ In allowing Ann Elizabeth Kopko to fail to drive with due regard for the safety of all persons in violation of 75 Pa. C.S.A. S 3105. 23. As a direct and proximate result of the negligence of the Defendant, George Kopko, Plaintiff, Manual Rodriguez, sustained severe injuries including, but not limited to, bilateral leg pain, lower back, shoulder and cervical back/neck injuries. 24. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez, has been, and will in the future be, hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation and embarrassment. 25. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 26. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez, has suffered lost wages and will in the future continue to suffer a loss of income -7- and/or loss of earning capacity. 27. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez, has been compelled, in orderto effect a cure forthe aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend moneyforthe same purposes in the future, to his great detriment and loss. 28. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez has suffered a loss of life's pleasures, and will continue to endure the same in the future to his great detriment and loss. 29. Plaintiff, Manual Rodriguez, believes and therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Manual Rodriguez, seeks damages from Defendant, George Kopko, in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP Lr~ ..( Date: - ~ , ( 0) Byf" jJW . Stephen G. Held, Esquire Attorney I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff -8- VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 3.) I /.,..- C) "77/1:'I/l4lt,(tf;/-:;//~y"r-'----" Manuel ROdriguez c. .. ;; ,. / <.-... j/ Stephen G, Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6th day of April, 2005, I hereby certify that I have served the within document upon Defendants/Counsel of Record by sending a true and correct copy of the same to her/him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Donald R, Dorer, Esq. JACOBS & ASSOCIA TES 214 Senate Aveue Suite 503 Camp Hill, PA 17011 HANDLER, H NNING & ROSENBERG, LLP ,<..---- Marti [ben, egal Secretary to Stephen G. Held, Esquire 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . VS. No. 05-102 CiVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRiAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Answer with New Matter of Defendants to Plaintiff's Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court without further notice for any money claimed in the Answer with New Matter of Defendants to Plaintiff's 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 HA VB 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PAl 70 13 (717) 249-3166 1-800-990-9108 ~ I --12-. OSHB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .VS. No, 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED NUTIClA Le han demandado a usted an la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado gue si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier gueja 0 alivio gue es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVEESTADEMANDAA UN ABODAGOINMEDIATAMENTE. SINOTIENEABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUNENTRA ESCRlT A ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY Cumberland County Bar Association 2 LibertyAvenue Carlisle, P A 17013 (717) 249-3166 1-800-990-9108 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, No. 05-102 CIVIL TERM GEORGE J. KOPKQ, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that, at all times material hereto, Defendant, Ann Elizabeth Kopko was the operator of a 1995 Chevrolet Caprice, bearing Pennsylvania registration plate number ETSII17, which vehicle was owned by Defendants herein. All other allegations deemed factual in nature in paragraph 5 are generally denied pursuant to Pa.R.C.P. 91 029( e). 6-10. Denied. Paragraphs 6 through 10 of Plaintiffs Complaint are generally denied pursuant to Pa.R.C.P. sI029(e). II. Paragraphs 1 through 10 are incorporated herein by reference, and made a part hereof as if set forth in full. 12-19. Denied. Paragraphs 12 through 19 of Plaintiffs Complaint are generally denied pursuant to Pa.R.C.P. sI029(e). 20. Paragraphs 1 through 19 are incorporated herein by reference, and made a part hereof as if set forth in full. 21. Admitted. 22-29. Denied. Paragraphs 22 through 29 of Plaintiffs Complaint are generally denied pursuant to Pa.R.C.P. sI029(e). NEW MATTER 30. Paragraphs 1 through 29 are incorporated herein by reference, and made a part hereof as if set forth in full. 31. Plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. This lawsuit was commenced by the filing of a Praecipe for Writ of Summons as to Defendant, George J. Kopko only on January 6,2005, with the Writ of Summons issued on same date lawfully served upon Defendant, George J. Kopko on our about January 10, 2005. Following the filing of an Entry of Appearance and Rule to File Complaint by Defendants' 2 counsel on March 16, 2005 as to Defendant, George J. Kopko only, the Plaintiff filed a Complaint as to both Defendants, George J. Kopko and Ann Elizabeth Kopkot on or about April 6,2005. Inasmuch as the motor vehicle accident forming the basis of Plaintiffs Complaint occurred on January 23,2003, the claims ofthe Plaintiff as to Defendant, Ann Elizabeth Kopko, are barred by the applicable Statute of Limitations, 42 Pa.C.S.A. 95524. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs Complaint, and to enter judgment against the Plaintiff and in favor ofthe Defendant. Date: Aori125,2005 By: onald R. Dorer, Esquir Attorney for Defendant Court LD.39126 I The Defendant, Ann Elizabeth Kopko, hereby waives any defenses with respect to the failure of lawful service of original process as to her. Pa. R.C.P. 402. 3 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No, 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendants in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. Date: April 25, 2005 Donald R. Dorer, Esquir Attorney for Defendants Court J.D. 39126 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defeudants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V8. No, 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendants to Plaintiff's Complaint to be served by regular first class mail upon: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, P A 17110 Attorney for Plaintiff Date: April 25. 2005 Donald R. Dorer, Esquire Attorney for Defendants ~ o <J "" = 0 C:.~) <;-J1 " :r.-,., --f :? II! ~~v' rnj=- C., -on1 r'V :Uy ~":")r- -^1 _,J ::>- -;-'1 ('- ~;,'2F~ (:0 () iT: <- ::j~~ -.j 0 ~J -, .s::- ...;:: Stephen G. Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax; (717) 233-3029 HELD(cl)HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW DE'!fendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 30. This is a paragraph of incorporation to which no response is required. ., 31. The aver:ment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' claims are barred neither whole, nor in part, by the Pennsylvania Motor Vehicle Financial Responsibility Law. EXHIBIT I~ 32. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it admitted in part, and denied in part. It is admitted that the lawsuit was commenced by the filing of a Praecipe for Writ of Summons as to Defendant George J. Kopko only on January 6,2005. It is also admittE;d that service was obtained on Defendant George J. Kopko on January 10, 2005.lt is also admitted that a complaint was filed against Defendants George J. Kopko and Ann Elizabeth Kopko on April 6, 2005. It is also admitted that according to 42 Pa.C.SA 95524, the applicable Statute of Limitations would have expired on January 23, 2005, prior to institution of suit against Defendant Ann Elizabeth Kopko. However, the statute of limitations had been tolled as to Defendant Ann Elizabeth Kopko by fraud or intentional concBalment on the part of Defendants' insurer as to the identity of the driver. See, e.g. Montanva v. McGoneoal, 2000 Pa. Super. 213, 757 A.2d 947 (2000); Hubert v. Greenwald, 743' A.2d 977 (Pa.Super 1999), appeal den. 563 Pa. 688, 760 A.2d 854 (2000). WHEREFORE, Plaintiffs pray this Honorable Court Dismiss Defendants' New Matter, and enter judgment in their favor. Respectfully Submitted, HANDLER, HEN NG & ROSENBERG, LLP Date: '1\~q(O ) ./ By: , Step' e Held, Esquire Attorney 1.0. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 lc) STEPHEN G. HELD, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. 94904 relating to unsworn falsification to authorities. Date: y (~'\(()5 ~~ESQUrRE Stephen G, Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD(a)HHRLAW,COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION. LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOI.,v, this 29th day of April, 2005, I hereby certify that I have served the within document upon Defendant/Counsel of Record by sending a true and correct copy of the same to her/him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Donald R. Dorer, Esq, 214 Senate Avenue Suite 503 Camp Hill, PA 17011 HANDLER, HEN, lNG & ROSENBERG, LLP ,J ATTORNEYS AT LAW Leslie B. Handler. Retired W. Scott Henning David H Rosenberg (PA. FLj Carolyn M. Anner IPA, NY, RN) Matthew S. Crosby (PA. NJ) Gregory M. Feather (PA. NJI Stephen G. Held Jason C. Jmler MAIN OFFICE J 300 linglestown Road Harrisburg. PA J 71 JO 717-238-2000 J -800-422-2224 717-233-30291Iax) LANCASTER OFFICE 717-431-4000 CARLISLE OFFICE 717-241-2244 January 23, 2006 \NWW.HHRLaw.com Held@hhrlaw.com Donald R Dorer, Esq. Law Office of Snyder & Dorer 214 Senate Avenue Ste 503 Camp Hill, PA 17011 RE: Mr. Manuel Rodriguez vs Mr. George J. Kopko and Elizabeth Kopko No.: 05-102 CCP Cumberland Dear Mr. Dorer: I have received your Motion for Summary Judgment As you recall, we had at least one prior conversation regarding possibly taking the deposition of Nationwide's claim adjuster in this matter. In order to expedite the Motion for Summary Judgment, I think the more prudent course would just be if you could produce copies of the entire claims file in this matter. I am not requesting, nor am I entitled to, portion of the claims file that are not discoverable pursuant to privilege and/or Pennsylvania Rules of Civil Procedure, specifically I am not requesting disclosure of the mental impressions of any party's attorney or his conclusions, opinions, memorandum, notes or summaries, legal research or legal theories. Furthermore, I am not seeking a disclosure of Nationwide's mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy of tactics pursuant to Pennsylvania Rules of Civil Procedure Rule 4003.3. If you cannot abide by this request, please advise as the Pennsylvania Rules of Civil Procedure provide procedures in which I may conduct discovery relating to Motions for Summary Judgment If I do not receive an affirmative response, I will have no course but to utilize those procedures and ultimately that may delay Defendant's Motion for Summary Judgment Very truly yours, HANDLER, HENNING & ROSENBERG, LLP coP~ Stephen G. Held SGH/mew SGH From: Sent: To: Subject: DORERD@Nationwide.com Tuesday, January 31,200611 :06 AM held@hhrlaw.com Rodriquez v Kopko/05HB00029 Steve-I have your letter of 1/23/06. While I understand your request, I will need to review it with Nationwide before I can respond. Your indulgence in the interim would be most appreciated. Don EJCHIIIfT · IQ 1 AFFIDAVIT BY PARTY OPPOSING MOTION FOR SUMMARY JUDGMENT SHOWING NEED FOR CONTINUANCE TO MAKE DISCOVERY PURSUANT TO PA R.C.P. NO. 1035.3 STEPHEN G. HELD, ESQUIRE, being duly sworn, states: 1. He is attorney for the Plaintiff, Manuel Rodriguez 2. He makes this affidavit in support of his motion for continuance of the pendency of Defendant's Motion for Summary Judgment. 3. He is requesting additional discovery of Defendants' insurers entire claims file in this matter, absent matters that are not discoverable pursuant to privilege and/or Pennsylvania Rules of Civil Procedure, specifically disclosure of the mental impressions of any party's attorney or his conclusions, opinions, memorandum, notes or summaries, legal research or legal theories, or a disclosure of Nationwide's mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy of tactics pursuant to Pennsylvania Rules of Civil Procedure Rule 4003.3. 4. He believes that such discovery will aid in disposition of Defendants' Motion for Summary Judgment. 5. The discoverable information is solely in possession of Defendants' I nsurer, and has been requested prior to this Motion for Summary Judgment Date: d- \ ~ ( J00fo STEP Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 T ele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this t6 th day of February, 2006, I hereby certify that I have served the within document upon Defendant/Counsel of Record by sending a true and correct copy of the same to her/him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Donald R. Dorer, Esq. 214 Senate Avenue Suite 503 Camp Hill, PA 17011 HANDLER, HENNING & ROSENBERG, LLP JM~,q";re ~.') -:-, C'c.\ (:U \ I...C' C) ~rl .;J ::i1 -, ~ ~. t,.? l",' --, . . MANUEL RODRIGUEZ V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YL VANIA GEORGE J. KOPKO, : NO. 2005 - 102 CIVIL TERM ANN ELIZABETH KOPKO: ORDER OF COURT AND NOW, this 14T11 day of FEBRUARY, 2006, a Rule is issued upon Defendant to Show Cause why his "Motion for Continuance to Take Discovery" should 'l> ......--:-- 0 D 10 ~ tA ~. - not be granted.,,~ -- r -0 - I r~;~ ~ Edward E. Guido, J. Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, Pa. 17110 Donald R. Dorer, Esquire 214 Senate Avenue Suite 503 Camp Hill, Pa. 17011 :sld .J - 15' -[4 C!~j~-L J7-1;;- () \' ~~ ; -- Stephen G. Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD(ci)HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05.102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION. LAW Defendants JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND NOW comes the Plaintiff, by and through his attorney, Stephen G. Held Esquire, who responds to Defendants' motion for Summary Judgment and in support thereof avers the following: 1. Plaintiff commenced this action by writ of summons filed on January 6, 2005, personal injuries as a result of a Motor vehicle collision which occurred January 23, 2003. A true and correct copy of the aforementioned writ is attached as Exhibit "A". 2. In the aforementioned writ, Defendant George J. Kopko only was named. 3. Service of this writ was obtained on January 10, 2005 by the Sheriff of Cumberland County by handing a copy of the aforementioned writ to the Defendant George J. Kopko at his residence located at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania. 4. By mistake of Plaintiff's counsel contributed by letter from Defendant's insurance carrier dated February 13, 2003 which identified a settlement offer to Plaintiff on behalf Defendant George J. Kopko as "Our Insured," Plaintiff's counsel filed the writ against Defendant George J. Kopko. The aforementioned letter is attached as Exhibit "B". 5. After expiration of the Statute of limitations, but prior to the filing of the Complaint, Plaintiff's counsel became aware that Ann Elizabeth Kopko was actually driving Defendant George J. Kopko's vehicle at the time of the accident. 6. Plaintiff's counsel filed a complaint on April 6, 2005, also naming Ann Elizabeth Kopko as a Defendant. A true and correct copy of the aforementioned complaint is attached as Exhibit "C." 7. Defendant filed a timely Answer with New Matter, pleading inter alia Statute of Limitations. A true and correct copy of Defendants' new matter is attached as Exhibit "D." 8. Defendants waived any errors of service of the Complaint in footnote 1 located in paragraph 32 of their Answer with New Matter. 9. Plaintiff filed Plaintiffs Reply to Defendants' New Matter on April 32 [sic], 2005. A true and correct copy of Plaintiff's Reply to Defendants' New Matter is attached as Exhibit "E." 10. Ann Elizabeth Kopko is married to George J. Kopko, and resides at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania with Defendant George J. Kopko. 11. On or about September 25, 2006, Plaintiff filed a motion to Amend the Caption in this matter. 12. This motion was listed for argument and briefed, and then argument was continued upon request of Defendants' counsel, and with concurrence of Plaintiff's counsel, in order to be heard contemporaneously with a motion for Summary Judgment to be filed by Defendants. 13. On or about January 17, 2006, Defendants filed a Motion for Summary Judgment. 14. Plaintiffs filed Plaintiffs' Motion for Continuance to Take Discovery Essential to Defense of Defendant's Motion for Summary Judqment on February 9, 2006. 15. The Honorable Judge Guido issued a rule to show cause upon Defendants to show why Plaintiffs' Motion for Continuance to Take Discovery Essential to Defense of Defendant's Motion for Summary Judqment should not be granted. This rule was returnable in 10 days. 16. On February 22, 2006, Counsel for Defendants sent correspondence to The Honorable Judge Guido asking for deferment on ruling upon Plaintiffs' Motion for Continuance to Take Discovery Essential to Defense of Defendant's Motion for Summary Judqment, as Counsel for Defendants was going to produce the desired discovery materials without the need of further action. 17. On March 21, 2006, Counsel produced the discoverable material to Counsel for Plaintiff, namely the claims log of Nationwide insurance, Defendants' insurer. 18. Plaintiff now responds to Defendants' Motion for Summary Judgment. I. AS TO MOTION FOR SUMMARY JUDGMENT IN FAVOR OF DEFENDANT ANN ELIZABETH KOPKO 19. Plaintiff admits that Defendant Ann Elizabeth Kopko was added to this lawsuit after the expiration of the Statute of Limitations. 20. Counsel for Plaintiff has attempted to amend the original Writ of summons, which was filed prior to the expiration of the Statute of Limitations, to name Ann Elizabeth Kopko only - See Plaintiffs' Motion to Amend Writ of Summons 21. Should Plaintiffs' Motion to Amend Writ of Summons be granted, this Motion for Summary Judgment is moot. 22. Should Plaintiffs' Motion to Amend Writ of Summons be denied, Summary Judgment in favor of Ann Elizabeth Kopko should be denied because the Defendant is estopped from using the Statute of Limitations due to fraudulent concealment on the part of Defendants' insurer, Nationwide Insurance Company. 23. Likewise, the statute of limitations had been tolled as to Defendant Ann Elizabeth Kopko by fraud or intentional concealment on the part of Defendants' insurer as to the identity of the driver. See, e.g. Montanva v. McGonegal, 2000 Pa. Super. 213, 757 A.2d 947 (2000); Hubert v. Greenwald, 743 A.2d 977 (Pa.Super 1999), appeal den. 563 Pa. 688, 760 A.2d 854 (2000). 24. The Claims log relevant to this action is attached as Exhibit "F" and incorporated by reference thereto as if set forth at length. 25. Exhibit "F" shows that Defendants' insurer, Nationwide, knew of the identity of Ann Elizabeth Kopko as the driver of Defendants' vehicle prior to issuing the letter identified as Exhibit "8", 26. Exhibit "F" also shows that Charles Cowfer of Nationwide Insurance Company had actual knowledge that Ann Elizabeth Kopko was the driver, and that suit was instituted against "their Insured" only. 27. Likewise, Ann Elizabeth Kopko had actual notice of Plaintiffs claim. Ann Elizabeth Kopko was present when service made, (page 30 of her deposition) was aware that those papers were coming, (page 31) was aware the "papers" were related to the subject motor vehicle accident (page 31), and that someone from Nationwide Insurance Company told her these "papers" might come. 28. Due to the actions of Nationwide Insurance Company, Plaintiff's Counsel let his guard down, and thought he had named the correct party. II. AS TO MOTION FOR SUMMARY JUDGMENT IN FAVOR OF DEFENDANT GEORGE KOPKO 29. Should Plaintiffs' Motion to Amend Writ of Summons be granted, this Motion for Summary Judgment is moot, as the Writ of Summons will be deemed to be filed against Ann Elizabeth Kopko, and George Kopko will no longer be a party to this action. 30. Likewise, should Plaintiffs' Motion to Amend Writ of Summons be denied, this Motion for Summary Judgment should be granted, as Plaintiff does not have facts sufficient to support his claim against George Kopko only. WHEREFORE, Plaintiffs pray this Honorable Court deny Defendants' motion for Summary Judgment. Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP Date:~ )'ifO(P By: St Att ney I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (')5; ~ /6J- Civil Action - (XX) Law ( ) Equity C:uJ'L0"L-, Manuel Rodriguez 2458 Emerald Court Harrisburg, PA 17104 George J. Kopko 1901 Kent Drive Camp Hill, PA 17011 v. Plaintiff Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. L Writ of Summons Shall be issued and forwarded to ( 1"'...... =. C':l Cil C) -.i .-, f:-i ;:;~., i.I1 "r e) Stephen G. Held, Esauire 1300 Linalestown Road Harrisbura. PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney I C--I " . Date: January 4. 2005 (,..) (") !"'-' .. C:) C) WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: Date: '- )~A) (", ?()A.C:; I YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF ACTION AGAINST YOU. ( ) Check here if reverse is used for additional informalion PROTHON. - 55 EXHIBIT ..>>~."."., ~ "'.' " "+~J"': "'0 '.." '., "" !,",,,, ;:-,..,"'~ ." ...... - r r so ~;~;,"~'f I .,." In ).,'fo'<":,'I...,....". ~ t.u~.~1 i-1~U:r<'.("~ !':':''t~.: "'~'!h ,,1OJt)' W~~H',rre'fE II.. t. ,..~_ .. ".>,. "'-" '.,J ,.--~; ~,_i ;""r;,.?t 'i -" '_. " "'".~, I ~'Wril U ,111~t""l,..".~ I ~..,Jkl~"';1 "I ".'~" ....,.,. ",.... ~. , v ,~,y t.of.Hi( ~ ~v ' . .....i~~J Y l:lnt (jay . tit ~;cf:;~,ijt P'd.. IA c......... : ' P.O, Box 2655 · 1000 NlIlionwide Drive · Hanisburg,PA 17015 Manuel Rodriguez 245& Emerald Court Hanisburg, PA 17104 February 13,2003 YOUR CLIENT: Manuel Rodriguez OUR INSURED: George J Kopko OURCLAIMNUMBER: 5837D 0424190123200301 DATE OF LOSS: 01-23-2003 This letter is to confinn my offer of$ 1,000.00 in settlement of your claim against our insured for the above accident. . Please call me with a response as soon as possible. Thank you. // / ~.~ NATIONWIDE MUTUAL INSURANCE COMPANY Cindy Ferentz (PA-02-19) Claims Departmenl (717)921-8961 Any penon who knowingly and with inlenllo defraud any insurance company or other person files an application for insurance or statement of claim containing any materialiy false infonnation or conceals for the pUlpose of misleading, information concerning any fact Material thereto commits a fraudulent insurance oct, whicb is a crime and subjects sucb a person to criminal and civil penalties. EXHIBIT ODiO-(IlO]SJ-01 I~ ~ o (.) F :\WP Oirectories\BWS\Complaints\MV A \1 ntersection\Rodriguez- T ~Bone. wpd Stephen G. Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD(a)HHRLAW.COM n f-:: '""(1d:; rp'-r 2; ,- ' o ;t] ~. ---~ -( Attorney for Plaintiff ...., co c~.., <:.J"I ". """D ~.J o ,., -f :I:n rl1;-_ -om -tel::; ';~~) ~r,; -H ~::;o ~lrn ::6 -< I 0"> > ::E: 0:> MANUEL RODRIGUEZ, Plaintiff v. GEORGE J. KOPKO, ANN ELIZABETH KOPKO Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 05-102 CIVIL ACTION. LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Manual Rodriguez, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and make the within Complaint against the Defendants, George J. Kopko and Ann Elizabeth Kopko, and aver as follows: EXHIBIT , c.. 1. Plaintiff, Manual Rodriguez, is an adult individual currently residing at 2458 Emerald Court, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Defendant, George J. Kopko, is an adult individual currently residing at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant, Ann Elizabeth Kopko, is an adult individual currently residing at 1901 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 4. At all times material hereto, Plaintiff, Manual Rodriguez, was the operator of a 2002 Chevrolet Passenger Van, bearing Pennsylvania Registration Plate Number EPA5944, which was owned by Enterprise Rent A Car. (hereinafter referred to as "Plaintiff's vehicle"). 5. At all times material hereto, either Defendant Ann Elizabeth Kopko or Defendant, George J. Kopko, was operator of a 1995 Chevrolet Caprice, bearing Pennsylvania Registration Plate Number ETS 1117 (hereinafter referred to as "Defendant's vehicle") owned by Defendant's George J. Kopko and Ann Elizabeth Kopko. 6. At the time of the collision, Plaintiff, Manual Rodriguez, was insured under a motor vehicle policy through Travelers Insurance Company. Plaintiff was covered by the Full Tort Option. 7. On or about January 23,2003, at approximately 1 :55pm, Plaintiff's vehicle, was traveling on Trindle Road near the intersection of Brian Road, Hampton Township, Cumberland County, Pennsylvania. 8. On or about January 23,2003, at approximately 1 :55pm, Defendant's vehicle, was traveling on Brian Road near the intersection Trindle Road, Hampton Township, Cumberland County, Pennsylvania. -2- 9. At approximately the same time and place, as Plaintiff's vehicle was lawfully traveling along Trindle Road, Defendant's vehicle suddenly and without warning proceeded to attempt to enter the far travel lane of Trindle Road whereby before this action could be completed Defendant's vehicle suddenly and without warning drove into the path of and collided with Plaintiff's vehicle. 10. As a direct and proximate resultofthe negligence of Defendants, the Plaintiff, Manual Rodriguez, sustained serious and extensive injuries as set forth more specifically below. COUNT I - NEGLIGENCE MANUEL RODRIGUEZ v. ANN ELIZABETH KOPKO 11. Paragraphs 1 through 10 are incorporated herein as if set forth at length. 12. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Manual Rodriguez, were caused directly and proximately by the negligence of Defendant, Ann Elizabeth Kopko, more specifically, as set forth below: (a) In failing to yield the legal right-of-way to Plaintiff's vehicle in, violation of 75 Pa.C.SA S 3324; (b) In failing to be reasonably vigilant to observe Plaintiff's vehicle; (c) In failing to properly and adequately observe the traffic conditions then and there existing; (d) In driving in a careless manner in violation of 75 Pa. C.SA S 3714; (e) In failing to operate said vehicle in such a manner that would allow Defendant to apply the brakes and stop before pulling in front of -3- Plaintiff's vehicle; (f) In failing to operate Defendant's vehicle under proper and adequate control so that Defendant could avoid striking Plaintiff's vehicle; (g) In failing to keep a proper lookout for vehicles lawfully proceeding in the opposite direction; (h) In driving his vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; (i) In negligently driving his vehicle into the intersection of Trindle Road and Brian Road without properly stopping; U) In failing to enter a through highway without looking both ways for approaching traffic before entering and to continue to look as she advanced through the intersection; (k) In failing to exercise the high degree of care required of a motorist entering an intersection; (I) In failing to stop at a properly posted Stop sign controlling the intersection, in violation of Pa.C.S.A. s3323(b); (m) In failing to be reasonabiy vigilant and slowiy pull forward to a point where she had a clear view of approaching traffic, in violation of 75 Pa.C.SA S 3323(b); and (n) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing. -4- 13. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, sustained severe injuries, including, but not limited to, bilateral leg pain, lower back, shoulder and cervical back/neck injuries. 14. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Manuel Rodriguez has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period oftime in the future, to his great physical, emotional, and financial detriment and loss. 15. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 16. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, has been compelled, in orderto effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 17. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 18. As a direct and proximate result of the Defendant's negligence, Plaintiff, Manuel Rodriguez, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 19. Plaintiff, Manuel Rodriguez, believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Manuel Rodriguez, seeks damages from Defendant, Ann -5- Elizabeth Kopko, in an amount in excess ofthe compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. COUNT II - NEGLIGENT ENTRUSTMENT MANUAL RODRIGUEZ Y. GEORGE J. KOPKO 20. Paragraphs 1 through 19 are incorporated herein as if set forth at length. 21. At all times material hereto, Defendant, George J. Kopko, owned Defendant's vehicle. 22. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Manual Rodriguez, are the direct and proximate result of the negligence, carelessness, and/or recklessness ofthe Defendant, George Kopko, generally and more specifically, as set forth below: (a) In allowing Ann Elizabeth Kopko to fail to be reasonably vigilant to observe Plaintiff's vehicle; (b) In allowing Ann Elizabeth Kopko to fail to be reasonably vigilant to observe vehicles lawfully proceeding on Trindle Road; (c) In allowing Ann Elizabeth Kopko to fail to properly and adequately observe the traffic conditions then and there existing; (d) In allowing Ann Elizabeth Kopko to drive in a careless manner, in violation of 75 Pa. C.SA S 3714; (e) I n allowing Ann Elizabeth Kopko to fail to operate Defendant's vehicle under proper and adequate control in order to avoid striking Plaintiff's vehicle; (f) In allowing Ann Elizabeth Kopko to fail to operate a motor vehicle -6- under proper and adequate control in order to avoid a collision; (g) In allowing Ann Elizabeth Kopko to fail to exercise reasonable care in the operation and control of a motor vehicle, in violation of 75 Pa. C.SA S 3309; (h) In allowing Ann Elizabeth Kopko to fail to exercise the high degree of care required of an operator of a motor vehicle; (i) In allowing Ann Elizabeth Kopko to fail to yield the right-of-way to Plaintiffs vehicle; and U) In allowing Ann Elizabeth Kopko to fail to drive with due regard for the safety of all persons in violation of 75 Pa. C.SA S 3105. 23. As a direct and proximate result of the negligence of the Defendant, George Kopko, Plaintiff, Manual Rodriguez, sustained severe injuries including, but not limited to, bilateral leg pain, lower back, shoulder and cervical back/neck injuries. 24. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez, has been, and will in the future be, hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation and embarrassment. 25. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 26. As a result of the negligence of Defendant, George Kopko, Piaintiff, Manual Rodriguez, has suffered lost wages and will in the future continue to suffer a loss of income -7- and/or loss of earning capacity. 27. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez, has been compelled, in orderto effect a cure forthe aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 28. As a result of the negligence of Defendant, George Kopko, Plaintiff, Manual Rodriguez has suffered a loss of life's pleasures, and will continue to endure the same in the future to his great detriment and loss. 29. Plaintiff, Manual Rodriguez, believes and therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Manual Rodriguez, seeks damages from Defendant, George Kopko, in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP Date: Lcp{ 0 S BL!" IW Stephen G. Held, Esquire Attorney I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff -8- VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ,-) 1- :5;'~ Stephen G. Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6th day of April, 2005, I hereby certify that I have served the within document upon Defendants/Counsel of Record by sending a true and correct copy of the same to her/him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Donald R. Dorer, Esq. JACOBS & ASSOCIA TES 214 Senate Aveue Suite 503 Camp Hill, PA 17011 NNING & ROSENBERG, LLP 7 1.1...___ Marti Iben, egal Secretary to Stephen G. Held, Esquire 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Answer with New Matter of Defendants to Plaintiff's Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court without further notice for any money claimed in the Answer with New Matter of Defendants to Plaintiff's Comolaint 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PAl 70 13 (717) 249-3166 1-800-990-9108 EXHIBIT , D 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ..VS. No, 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTlClA Le han demandado a usted an la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado gue si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier . gueja 0 alivio gue es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para listed. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUNENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR AS1STENCIA LEGAL. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 1-800-990-9108 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CIVIL TERM GEORGEJ. KOPKQ, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that, at all times material hereto, Defendant, Ann Elizabeth Kopko was the operator of a 1995 Chevrolet Caprice, bearing Pennsylvania registration plate number ETS 1117, which vehicle was owned by Defendants herein. All other allegations deemed factual in nature in paragraph 5 are generally denied pursuant to Pa.R.C.P. S 1 029( e). 6-10. Denied. Paragraphs 6 through 10 of Plaintiffs Complaint are generally denied pursuant to Pa.R.C.P. g1029(e). II. Paragraphs 1 through 10 are incorporated herein by reference, and made a part hereof as if set forth in full. 12-19. Denied. Paragraphs 12 through 19 of Plaintiff s Complaint are generally denied pursuant to Pa.R.C.P. 9 1029(e). 20. Paragraphs 1 through 19 are incorporated herein by reference, and made a part hereof as if set forth in full. 21. Admitted. 22-29. Denied. Paragraphs 22 through 29 of Plaintiffs Complaint are generally denied pursuant to Pa.R.C.P. gI029(e). NEW MATTER 30. Paragraphs I through 29 are incorporated herein by reference, and made a part hereof as if set forth in full. 31. Plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. This lawsuit was commenced by the filing of a Praecipe for Writ of Summons as to Defendant, George J. Kopko only on January 6,2005, with the Writ of Summons issued on same date lawfully served upon Defendant, George J. Kopko on our about January 10,2005. Following the filing of an Entry of Appearance and Rule to File Complaint by Defendants' 2 counsel on March 16, 2005 as to Defendant, George J. Kopko only, the Plaintiff filed a Complaint as to both Defendants, George J. Kopko and Ann Elizabeth Kopko! on or about April 6, 2005. Inasmuch as the motor vehicle accident forming the basis of Plaintiffs Complaint occurred on January 23,2003, the claims of the Plaintiff as to Defendant, Ann Elizabeth Kopko, are barred by the applicable Statute of Limitations, 42 Pa.C.S.A. !l5524. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. Date: April 25. 2005 By: onald R. Dorer, Esquir Attorney for Defendant Court LD.39126 I The Defendant, Ann Elizabeth Kopko, hereby waives any defenses with respect to the failure of lawful service of original process as to her. Pa. KC.P. 402. 3 05HB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendants in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: April 25, 2005 Donald R. Dorer, Esquir Attorney for Defendants Court J.D. 39126 OSHB-00029 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants MANUEL RODRIGUEZ, PLAINTIFF VS. GEORGE J. KOPKO, ANN ELIZABETH KOPKO DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-102 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendants to Plaintiffs Complaint to be served by regular first class mail upon: Date: April 25. 2005 Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Donald R. Dorer, Esquire Attorney for Defendants ~ o (J "'" = 0 C":) ....., en -~) ",. -l r;'l -0 :1:." ;~- 7J rnF ..-:- C.) -on1 (;} N -~~ S-:-t ~.l --,i , . :r,,-. )-")11 '--' --,. \;:.C";i CO (S,n '- ~g -j 0 -, +" -< Stephen G. Held, Esquire Attorney 1.0. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELDlalHHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW Df'fendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 30. This is a paragraph of incorporation to which no response is required. ., 31. The ave~ment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' claims are barred neither whole, nor in part, by the Pennsylvania Motor Vehicle Financial Responsibility Law. EXHIBIT I E. 32. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it admitted in part, and denied in part. It is admitted that the lawsuit was commenced by the filing of a Praecipe for Writ of Summons as to Defendant George J. Kopko only on January 6,2005. It is also admitted that service was obtained on Defendant George J. Kopko on January < 10, 2005.lt is also admitted that a complaint was filed against Defendants George J. Kopko and Ann Elizabeth Kopko on April 6, 2005. It is also admitted that according to 42 Pa.C.SA 95524, the applicable Statute of Limitations would have expired on January 23, 2005, prior to institution of suit against Defendant Ann Elizabeth Kopko. However, the statute of limitations had been tolled as to Defendant Ann Elizabeth Kopko by fraud or intentional conc8alment on the part of Defendants' insurer as to the identity of the driver. See, e.g. Montanva v. McGoneqal, 2000 Pa. Super. 213, 757 A.2d 947 (2000); Hubert v. Greenwald, 743' A.2d 977 (Pa.Super 1999), appeal den. 563 Pa. 688, 760 A.2d 854 (2000). WHEREFORE, Plaintiffs pray this Honorable Court Dismiss Defendants' New Matter, and enter judgment in their favor. Respectfully Submitted, HANDLER, HEN NG & ROSENBERG, LLP Date: 1\'V{(O) ./ By: , Step e Held, Esquire Attorney I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) STEPHEN G. HELD, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation ofthe matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. 94904 relating to unsworn falsification to authorities. Date: l-{ (&1{ 65 ...~~ ESQUIRE Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND Nm;v, this 29th day of April, 2005, I hereby certify that I have served the within document upon Defendant/Counsel of Record by sending a true and correct copy of the same to her/him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Donald R. Dorer, Esq. 214 Senate Avenue Suite 503 Camp Hill, PA 17011 11 lNG & ROSENBERG, LLP -., Select Activity LOf!s Claim Key: 58 37 D 0424190123200301 Policyholder: Kopko, George] Claimant: N/A Requester: COWFERC Print Date: March 7,2005 Print Time: 11: 17 AM Date: 2005-03-07 Time: 11:17:17 Creator: COWFERC Assignee: COWFERC Cov: Clai=nt: I will send copy of the claim to DC for entry of appearance on behalf of the insured and hold. Date: 2005-03-07 Time: 10:31:36 Creator: ZOZOSG Assignee: ZOZOSG Cov: Claimant: Note: This file haS been reassigned to Tom McMahon to handle as clmtlives up the street from 1tfe'.'''Mlo f\9t know e1mt but do not feel comfortable handling. I called Chuck Cowfer & left him a mess re above. Date: 2005-03-07 Time: 10:23:34 Creator: ZOZOSG Assignee: ZOZOSG Cov: Claimant: 0501 Sill INITIAL CONTACT...On this date I rec'd referral fromPASill. I spoke with CA Chuck Cowfer & discused claim & action plan. Activity check is needed. My POA: 'Run data checks via siublue to confirm address *Run BMV with Tony P . Run iso *T alk with neighbors Date: 2005-03-07 Time: 10:19:27 Creator: COWFERC Assignee: COWFERC Cov: Claimant: Discussed the SIU assignment with Ginger Zazos, She will run a vehilce search, check with neighbors, etc to see what she can determine as to clmts activities. Date: 2005-03-07 Time: 10:06:40 Creator: COWFERC Assignee: COWFERC Cov: Claimant: EXHIBIT I F Monday, March 07, 2005 11:17 AM Page I ooooo:f' -- FOLLOW up. I phoned CA, we discussed the case. I advised we feel the WC carrier should really comprimise the lien, as the commutation amount was $125K and that was an economic decision they made on the claim. As per Cm and my discussion, our inital offer of $175K was extended. He will speak with the we carrier and call me back. Date: 2005-03-07 Time: 10:00:08 Creator: eOWFERC Assignee: COWFERC Cov: Claimant: 0499 SIU REFERRAL. We need an activities check on the claimant. The accident was a mild impact. He is claiming ongoing residual problems and restricted physical capabilities due to the accident. He alleges he is not presently working. Please investigate via activities check to see if we can verify his present level of activity and actions. Date: 2005-03-07 Time: 09:55:42 Creator: COWFERC Assignee: COWFERC Cov: Claimant: Assigned SIU for an activities check on the claimant. ~o,,- , Date: 2005-01-31 Time: 13:24:34 Creator: COWFERC Assignee: COWFERC Cov: Claimant: Civil Writ has been served on the insured, Cumberland Co. I will get same down to TD in Camp Hill for Entry of Appearance and hold, pending possible settlement of the claim. Date: 2005-01-19 Time: 15:23:04 Creator: COWFERC Assignee: COWFERC COY: Claimant: FOLLOW UP. Discussed the case with Jamie, at CA Steven Held's office. I adised we are in the process of evalauting the claim. I indicated we should be able to respond to the demand in the next week, or so. Date: 2005-01-04 Time: 13:26:48 Creator: BAKEG658 Assignee: COWFERC COy: Claimant: 0100 ADVISORY COMMENTS: MGR. Conffile with CM. Time demand for 300, 000 recived. Time will run on jan 16. Conf file with Cm for psa. The injuries are of back. Bus driver with prior problems. He had returned to work. But due to new injury he has an exaserbated the scaring of the old injury. He has had one new surgery to provide relief. He had a disectomy at 14 -15. Pit is 47 years old. Pit will claim that this was asymptomatic and we reinjuriered. He has 75000 boardable today. However they are claim furture wages future wage claim of 150,000 which includes the 75k. His work history is somewhat spoted but he has held work since 1999 up to this accident. Will need to request psa from Director moraski. 0000.02- .. .' . r -- Date: 2004-12-28 Time: 10:10:37 Creator: COWFERC Assignee: COWFERC Co v: Claimant: Insured phoned, 1m on my vm. I returned the call, he is presently not at home. I Imtc on his machine. Date: 2004-12-16 Time: 10:23:56 Creator: COWFERC Assignee: COWFERC Cov: Claimant: Additional medical records and demand for limits rec'd on 12/10/04. I phoned CA and requested some add's info. Same was sent and rec'd by me on 12/14/04. There is a 30 day time limitation on the demand response. I have updated the 15 piont summary and discussed the case with CM. Sent her a CRM for re claim. Date: 2004-10-25 Time: 09:00:01 Creator: COWFERC Assignee: COWFERC Cov: Claimant: ~~'.~ I phoned elmt attny, he is out of the office this am. I Imtc on his vm. Specifically citing my letter of 09/29/04, advising we need verification of the medical lien, and also asked when I could expect to receive the other info specifically requested in the letter. Requested he call me back to advise. Date: 2004-10-25 Time: 08:56:44 Creator: COWFERC Assignee: COWFERC COy: Claimant: FOLLOW UP- As previously indicated in log, according to the information sent to me by PC, the WC commutation figure was $126,350.00. The total amount of wages paid is indicated to be $177,903.00. Therefore, the amount if wages paid prior to the commutation was $51,553.00. 1 had sent a letter to PC on 09/29/04 asking for the entire WC file, verificaiton of the medical hen, any oop expenses for med and/or wages claimed by the elmt. I will flu with the PC re our receipt of this info. Date: 2004-10-15 Time: 11:44:13 Creator: DA VIESV Assignee: COWFERC COy: Claimant: 0100 ADVISORY COMMENTS: MGR - Conferenced case with AD Baker. \. _ ~ _ ."_" ..,.. .:c ."".- ,..on. Chuck, please develop additional info as to breakdown between the med/indemnity/commutation fur the we lien. Thanks Date: 2004-09-29 Time: 14:24:43 Creator: COWFERC Assignee: COWFERC COy: Claimant: ". . . 000003 - Addendum- I rec'd copy of an Approved Petition for WC indemnity benefits, Clmt has done a commutation of the indemnity benefits for the sum of $126,350.00. The Petition indicates the total payment for the WC indemnty benefits are $177,903,00, We do not have a sum for the medical amount paid out Clmt did have surgical intervention, therefore the net figure is likely close to $50,000. The current reserve is inadequate, Appears the WC lien will be approximately $227,903,00 We have a $300/300 BI limit No umbrella policy purchased with NW, In light of the above development,' ..c; .,.: ,.. ".:" ,., c.; , . 'ICC-'" ., We will need a RR and possibly an IME. I do see some real decent damage mitigators on the file. We have a pre.accident back injury, with surgical intervention. In the operative report, CMS notes there are scar tissue formations noted, There are also surgical findings she notes would be considered trauma related. The WC carrier has not put us on notice of the lien, as of this time. We have constructive notice, but no formal notice from that carrier, I discussed the issue with CM, I will update the 15 point and send CRM to her re reserve increase. Date: 2004.09-29 Time: 13:35:23 Creator: COWFERC Assignee: COWFERC Cov: Claimant: FOLLOW UP- CMR has reviewed the file and made recommendations for add" records needed, .M1"-nd letter to CA requesting this specific info. ." Date: 2004-07-01 Time: 15:26:10 Creator: ANTOLlA Assignee: COWFERC Cov:BI Claimant: Rodriguez, Manuel 9616 MC MEDICAL SUPPORT/OTHER Rodriguez, Manuel On Discussed my review findings in detail with CA. Date: 2004-07-01 Time: 15:16:02 Creator: ANTOLlA Assignee: COWFERC Cov: Bl Claimant: Rodriguez, Manuel 9602 MC INITIAL MEDICAL REVIEWIFORlVlAL Rodriguez, Manuel nO MEDICAL REVIEW Reason for Referral: In log, I.Did prior surgery result in ongoing pain? 2.Relatedness of right sided symptoms? 3.Additional records. To; Charles Cowfer From; Andrea Antolick, CMS Date Received; 6-25-04 Date Reviewed: 7-1-04 Date Returned: 7-1-04 Claim#: 5837 D 0424191-23-03 Coverage/Limits: BI 300/300 '" 000004 Jamie with PC's office phoned. Pa Spine Institute, where PF had his pre-accident surgery, destroys their records after eight years. They responded to PCs request for those records by sending a letter advising all of the records relative to any care rendred to PF have been destroyed. I advised her to send me a copy of the letter. I advised we will still need copies of the FMD records from that time to present. She will pursue same. Date: 2004-06-24 Time: 14:16:05 Creator: COWFERC Assignee: COWFERC Cov: Claimant: CMS issues: 1) Records indicate prior 1992 surgical intervention. Do you get a flavor for the level of clmt abilities just prior to the accident? ( I reviewed and do not really see where this in mentioned, plus he was working) 2) What add'l records would you recommend we ask for at time time. ( I have requested the 1992 surgical and flu records, as well as the family physician pre accident records. 3) Do you see them potentially relating the right sided symptoms to the accident? 4) What evaluative actions would you recommend? Date: 2004-06-24 Time: 14:12:19 Creator: COWFERC Assignee: COWFERC Cov: Claimant: .~~ ", Sending CRM to CM, requesting auth for CMS to review the file. Will then review for possible reserve revision, as I think it may be inadequate at this point. I will complete the 15 pt as well. Date: 2004-06-24 Time: 14:07:02 Creator: COWFERC Assignee: COWFERC Cov: Claimant: Assuming elmt earned $8.001hr as a van driver, his gross annual wages would have been $16,640.00. He has incurred a year and a half ofTTD to date. There is no indication of an application for ssm, but I would not be surprised if same is pursued at some point. I thinks the reserve needs to be increased. I will send CRIvl to CM re same, Date: 2003-10-16 Time: 16:29:06 Creator: COWFERC Assignee: COWFERC COy: Claimant: Some meds rec'd. I will review same. Date: 2003-09-25 Time: 15:50:19 Creator: COWFERC Assignee: COWFERC Cov: Claimant: REASSIGNMENT SUMMARY- Nl's wife was operating the IV at the time of the accident,. Chvy Impalla. POI on the IV is the left front, POI on the PY is the right front. Applicable liability Iimtis are $300/300. . . . 000005 --~_._._-----._-_. Liability does not appear favorable on the 10. She was pulling from a side street with aSS. PV was approaching from her left, appears she pulled into his path. Judging from the images of the vehicles, this was not a hard impact. I would not think the PV would have been traveling more than 10 mph, given the damages seen. The log indicates operator of the PV had surgical intervention for a pinched nerve in the lumbar spine. I really think this is potentially questionable, given the images of the damages sustained. Both vehicles had less than $700.00 in damlges. (IV $384.00, PV $627.00) We will need an extendsive investigation on damages. We will need FMD pre-accident records for past five years. I will want to see employment records for the past 5 years. We will naturally need all post accident records. Will have CMS review records when available. Date: 2003-09-25 Time: 15:43:47 Creator: COWFERC Assignee: COWFERC Cov: Claimant: CaNT ACT- I s/w Stephen Held, Esq. advised as to the ria of the file. I questioned injuries? He indicated his client is stating a pinched nerve in the low back. He indicates he does not know the specifics of the care rendered to date. He stated he does not know if there is disc involvement, strain/sprain, etc. He just got the case, so he has no medical records at this time. I will forward him a letter advising of the reassignment and request the info. He confmned the WC lien. Date: 2003.09-25 Time: 15:37:58 Creator: COWFERC Assignee: COWFERC Cov: Claimant: .~::.."'" CaNT ACT - I phoned NI, slw George. I advised him of the ria of the claim. I indicated to him the current status of the case. He advised his wife, Ann was operating the vehicle at the time cfthe loss. He was quite shocked to hear of the attny involvement and claim pending. I advised of written correspondence to him acknowledging my handling of the claim. He had no questions in regard to the claim at this time. Date: 2003-09-25 Time: 11:32:44 Creator: KELLERJ Assignee: FERENTC Cov: Claimant: 0100 ADVISORY COMMENTS: TECH MGR - PLEASE CONTACT P-C AND CONTINUE TO FWP FOR THE NECESSARY SPECIAL DAMAGES, RECORDS AND REPORTS TO EV ALVA TE. WILL NEED TO REQUEST PRE MVA RECORDS AND ENTIRE WC FILE. WILL REVISE THE RESERVE DUE TO THE [C;DlCA TED SURGERY. KEEP ME POSTED AND APPRISED. Date: 2003.09-24 Time: 12:35:57 Creator: FERENTC Assignee: FERENTC Cov: Claimant: RA SUMMARY; CUMBERLAND COUNTY VENUE. BI LIMITS 3001300. CLMT M1R. OPERA TOR OF CLMT VEHICLE. LOW IMPACT ACCIDENT. DAMAGE TO CLMT VEHICLE 627.31. NO TREATMENT FROM ACCIDENT SCENE. rNJURY rNDlCATED; PINCHED NERVE, REQUIRING SURGERY. CLMT IN COURSE OF EMPLOYMENT WHEN ACCIDENT HAPPENED. POSSIBLE we LIEN. ALL PASSENGER BI CLAIMS RESOLVED AFTER ACCIDENT. ALL MEDICAL RECORDS REQUESTED. A TrY HAS FOR WARDED MEDICAL AND W AGE AUTHORIZATION FOR1';[S I SEE PAPER FILE. . ..000006 Date: 2003-09-24 Time: 12:31:33 Creator: FERENTC Assignee: FERENTC COy: Claimant: RECEIVED A TrY REP LETTER. A TTY HANDLER, HENNING AND ROSENBERG. A TTY STEPHEN HELD. RA TO INSIDE ADJUSTER FOR HANDLING OF ATTY REP'D CLMT. Date: 2003-09-16 Time: 08:45:07 Creator: KELLERJ Assignee: FERENTC COy: Claimant: 0100 ADVISORY COMMENTS: MGR. FFWP IS NEEDED HERE. PLEASE REFER TO PRIOR LOG ENTRIES. FWP WITH THE CLMT. NEED TO EV ALUA TE. KEEP ME POSTED. Date: 2003-06-13 Time: 12:05:24 Creator: KELLERJ Assignee: FERENTC COy: Claimant: ~;"'~ o toO ADVISORY COMMENTS: TECH MGR. TORT NEEDS TO BE INPUT ASAP. PLEASE CONTllirrm TO FWP FOR THE NECESSARY SPECIAL DAMAGES, RECORDS AND REPORTS INCLUDING RELEVANT PRIORS TO FURTHER EV ALUA TE. PLEASE HAVE THE CMS REVIEW. KEEP ME POSTED AND APPRISED. Date: 2003-06-11 Time: 23:35:53 Creator: FERENTC Assignee: FERENTC COy: Claimant: CASE BASE SUMMARY; CUMBERLAND COUNTY VENUE. BI LIMITS 300/300. LIAB UNFAVORABLE TO PH. LIAB ACCEPTED toO%. CLMT MIR FULL TORT. NO TREATMENT FROM ACCIDENT SCENE. WC CLAIM. CLMT OPERATOR IN COURSE OF HIS EMPLOYMENT. INJURIES SCIATIC PINCH NERVE CAUSING NUMBNESS IN THE LEG AREA. SURGERY FOR PINCHED NERVE. CLMT CONTINUED TO WORK UNTIL SURGERY. CLMT VEHICLE, LOW IMPACT ACCIDENT. PD AMOUNT PAID 627.31.NO A TrY INVOL VMENT AT THIS TIME. RECO"lMENDING .. - - . _. . . . Y: Xf THIS TIME UNTIL ALL RECORDS OBTAINED AND REVIEWED FOR ACCIDENT RELA TENESS AND CAUSATION. Date: 2003-05-15 Time: 12:43:41 Creator: FERENTC Assignee: FERENTC COy: Claimant: RECEIVED RETURN CALL FROM CLMT'S ivVR WIFE. STATES THAT HER HUSBAND [S HA VING SURGERY ON BACK THIS WEEK FOR PINCHED NERVE. STATING THAT THIS IS ACCIDENT RELATED. ADVISED I WILL CHECK BACK WITH HER IN ONE MONTH. Date: 2003-05-15 Time: 12:42:33 Creator: FERENTC 000007 .. -, * Assignee: FERENTC COy: Claimant: RECEIVED VM MESSAGE FROM HARLEYSVILLE ADJUSTER, LISA GRIFFITH. THEY INSURE SUPPORTS SOLUTIONS, WHICH IS THE EMPLOYER OF MfR. THEIR CL# IS M0408710. LISA'S PHONE NUMBER 888-595-9876 X 2432. CALLED LISA, OUT IN MEETING FOR THE AFTERNOON. LMTCB. Date: 2003-05-09 Time: 14:14:03 Creator: FERENTC Assignee: FERENTC COy: Claimant: FU; CALLED CLMT, REACHED ANSWERING MACHINE. LMTCB FOR IvI/R. FU SET FOR ONE WEEK IF NO REPLY. Date: 2003-05-05 Time: 21:03:47 Creator: FERENTC Assignee: FERENTC COy: Claimant: RECEIVED VM FROM LISA GRIFFITH, HARLEYSVILLE INS. SHE IS ADJUSTER FOR ~1iS SOLUTION. THEIR CLAIM # M0408710. HER PHONE NUMBER 888-595-9876 X 2432. RETURNED CALL TO ADJUSTER, LMTCB ON ANSWERING MACHINE. Date: 2003-05-01 Time: 12:34:04 Creator: FERENTC Assignee: FERENTC COy: Claimant: fu; called elml, rcached answering machine for mJr. Imlcb for clm!. fu set for one week if no rcply Date: 2003-04-03 Time: 12:16:24 Creator: FERENTC Assignee: FERENTC COy: Claimant: FU; CALLED CLMT MfR, LMTCB ON ANSWERING MACHINE. FU SET FOR THREE DAYS IF NO REPLY. Date: 2003-03-21 Time: 10:08:57 Creator: FERENTC Assignee: FERENTC COy: Claimant: REQUESTED ALL MEmCAL RECORDS AND WAGE INFOR1V!A TrON FROM ALL TREATING PHYSCIANS AND EMPLOYER. Date: 2003-03-20 Time: 16:25:45 Creator: FERENTC Assignee: FERENTC 000'008 . ~ Cov: Claimant: RECEIVED SIGNED MEDICAL AUTHORIZATION FORM AND WAGE VERIFlCA TION FORM BOTH SIGNED BY CLMT MJR. Date: 2003-03-05 Time: 12:39:23 Creator: FERENTC Assignee: FERENTC Cov: Claimant: received return call from donna Bruton at Supports Solutions. Advised that all claims have been resolved except clm! driver mfr. questioned who is paying medicals. She said that has been turned over to WC carrier which is risk enterprise. She will contact them and have adjuster call me. She is aware that all other injured parties in elmt vehicle ha ve closed claims and returned to work. Date: 2003-02-28 Time: 10:53:42 Creator: FERENTC Assignee: FERENTC Cov: Claimant: SUBSEQUENT CONTACLSPOKE WITH CLMT MJR ON 2/27. HE HAS RECENED ~XlJ'fHO AND LETTER CONFIRMING OFFER OF SETTLEMENT. AT THIS TIME HE IS STILL TREATING WITH DR. DOES NOT WANT TO SETTLE CLAIM AT THIS TIME. ADVISED THAT OFFER WILL NOT CHANGE BASED ON INFORMATION, LOW IMPACT MINOR INJURIES. REQUESTED THAT HE SIGN AND RETURN MED AUTRO. HE AGREED. FU SET FOR ONE MONTH WITH CLMT. Date: 2003-02-26 Time: 11 :04:20 Creator: FERENTC Assignee: FERENTC Cov: Claimant: CALLED DONNA BRUTON, SUPPORTS SOLUTIONS, LMTCB ON VM. Date: 2003-02-21 Time: 11:40:04 Creator: FERENTC Assignee: FERENTC Cov: Claimant: F ACE TO F ACE MEETING WITH CLMT CIM 2/20/03. CARlvlEN MENA PASSENGER IN CLMT VEHICLE. ST A TES THAT PH PULLED FROM STOP SIGN INFRONT OF CLMT WHO HAD THE RIGHT OF WAY. WHEN ACCIDENT HAPPENED HER \"lEAD JOLTED FORWARD AND BACK. SHE HAD CERICAL STRAIN/SPRAIN. WENT TO CON CENTRA AND HAD TWO FU VISITS. SHE LOST 2 DAYS FROM WORK. NECK PAIN HAS RESOLVED. LAST ABOUT TWO WEEKS. TOTAL OOP 104.00. 6.50 PER HR. MADE OFFER OF 200.00 PLUS OOP WAGE LOSS. CLMT DOES NOT OWN A VEHICLE OF HER OWN. RESIDE AT WORK RELEASE CORRECTION BUILDING. TOTAL OFFER OF SETTLEMENT 304.00. CLMT ACCEPTED. EXPLAINED RELEASE. CLMT SIGNED FULL RELEASE. DRAFT ISSUED. CLAIM RESOLVED DURING FACE TO FACE MEETING WITH CLMT FOR 304.00 AND FULL RELEASE. Date: 2003-02-21 Time: 11:35:13 Creator: FERENTC Assignee: FERENTC 000009' . . . COY: Claimant: F ACE TO F ACE MEETING WITH CLMT M!f ON 2/20/03. CLMT STATES THAT SHE WAS PASSENGER ON THE RIGHT SIDE OF VAN. SHE SAW PH PULL OUT FROM THE STOP SIGN IN FRONT OF CLMT DRIVER. CLMT M!f. PUT HANDS UP ON THE SEAT IN FRONT OF HER TO BRACE FOR THE IMPACT. RIGHT WRIST SORE. WENT TO CONCENTRA TO BE CHECKED OUT. SPRAINED WRIST. GIVEN MEDICATION AND WRIST BRACE. HAD ONE FU WITH CONCENTRA. LOST TWO DAYS FROM WORK. SHE DOES NOT OWN A VEHICLE OF HER OWN. SHE LIVES AT WORK RELEASE BUILDING. TOTAL LOST WAGES 104.00. NO OTHER OOP EXPENSES. STILL HAS OCCASIONAL SORENESS IN RIGHT WRIST. CLMT IS LEFT HAND DOMINANT. NO FURTHER TREATMENT. OFFERED 200.00 PLUS OOP WAGE LOSS TO RESOLVE CLAIM. CLMT AGREED. SIGNED FULL RELEASE. ISSUED DRAFT AND CLAIM RESOLVED DURING FACE TO FACE MEETING WITH CLMT M!f FOR 304.00 Date: 2003-02-19 Time: 09:28:09 Creator: FERENTC Assignee: FERENTC COy: Claimant: CALLED CLMTS CIM AND M!f. FINALLY ALLOWED TO SPEAK WITH THEM. SET UP APPTS TO MEET WITH THEM TOMORROW AT 11 ;OOAM. Date: 2003-02-13 Time: 11:27:53 Creator: FERENTC Assignee: FERENTC COy: Claimant: --~~'!:':':~ SUBSEQUENT CONTACT...RECElVED RETURN CALL FROM CLMT M!R WIFE, ELIZABETH RODRIQUEZ. SHE STATES THAT HE CONTINUES TO HAVE P ALN FROM A PINCH SCIATIC NERVE. NUMBNESS AND PAIN DOWN LEG. HE WAS SEEN BY DR WHO DID NOT RECOMMEND PT. SENT TO SPECIALIST AND HAS HAD MRl WHICH SHOWS A PINCHED NERVE IN THE SCIATIC AREA WHICH IS CAUSING THE NUMBNESS AND PAIN DOWN LEG. HE HAS RECEIVED STERlOD INJECTION ON TUESDAY WHICH DOES NOT SEEM TO BE HELPING. NEXT FU IS IN TWO WEEKS. HE HAS NOT LOST ANY TIME FROM WORK AS YET. WIFE CONCERNED THAT IF HE HAS TO BE OFF WORK ONLY A PERCENT AGE OF WAGES ARE COVERED UNDER WC. EXPLAINED TO HER THAT THIS WAS A LOW IMPACT ACCIDENT WITH MINIMAL PD. 1 DID MEET WITH HUSBAND AND OBSERVED THAT HE WAS MOVING FINE AND NO INDICATION OF ANY INJURY FROM BY OBSERVATIONS AND HE Dm NOT INDICATE ANY INJURY WHEN I MET WITH HIM. MADE AN OFFER OF 1,000 TO RESOVLE CLAIM. SHE REFUSED. STATES SHE DOES NOT KNOW WHAT ADDITIONAL TREATMENT OR SURGERY WILL BE REQUIRED AS A RESULT OF THIS ACCIDENT AND SHE WILL NOT SETTLE CLAIM. ADVISED THAT THE DEcrSION IS CLMTS AND REQUESTED THAT SHE EXTEND THE OFFER TO HIM. SHE WILL BUT STATES IT IS HER DECISION AND SHE WILL NOT ALLOW HIM TO SETTLE THIS CLAIM AT THIS TIME UNTIL HE IS TOT ALLY RECOVERED. ADVISED THAT I WILL SEND MED AUTHORIZATION TO HIM SO THAT IF NEEDED WE MAY OBTAIN ALL MEDICAL RECORDS, PAST AND PRESENT. SHE WILL SEE THAT HE SIGNS AND RETURNS TO ME ASAP. CLMT IS INSURED WITH TRAVELERS FOR THEIR PERSONAL AUTO INSURANCE AND SHE INDICATES THAT THEY DO CARRY FULL TORT. EXPLAINED THAT IN NO WAY WILL I AGREE TO PAYING FOR ANY FUTURE LOST WAGES UNTIL WE HAVE ALL RECORDS AND CAN REVIEW. 1 WILL FU WITH CLMT IN TWO WEEKS REGARDING TREATMENT STATUS. AGREED. . . O()OOl() . Date: 2003-02-13 Time: 11:20:25 Creator: FERENTC Assignee: FERENTC COY: Claimant: 10PT FILE SUMMARY; COVERAGE; POLICY IS ACflVE. RENEWAL DATES 12/6/02 TO 6/6/03. COVERAGE BI 300/300 PD 100/000 COLL 500 DED. PH OPERATOR OF INSURED VEHICLE. NO COVERAGE ISSUES OR QUESTIONS LIABILITY: ACCEPTING LlAllIOO%. PH PULLED FROM STOP SIGN INTO PATH OF CLMT DRIVER. PHOTO'S ; YES SEE FILE TORT: CLMT CIM FULL TORT CLMT M!T FULL TORT CLMT M/R FULL TORT INDEX; YES INJURIES; M/R SCIATIC PINCH NERVE CAUSING NUMBNESS IN LEG AREA CIM CERVICAL STRAIN M!T CERVICAL STRAIN .~~~'" PRIOR INJURIES; NONE KNOWN VALUE; THIS IS A LOW IMP ACf ACCIDENT WITH MINOR INJURIES NOTED FOR CLMT CIM AND . l\orrr. BOTH VALUED 500.00 TO 1,000 M/R; SCIATIC PINCHED NERVE CAUSING NUMBNESS IN LEG. VALUE 1,000 TO 2,500 PLUS WC LIEN. OFFER; OFFER OF 1,000 HAS BEEN EXTENDED TO CLMT M/R. OFFER REJECTED VERBALLY BY HIS WIFE. NO OFFERS EXTENDED TO DATE TO CLMT CJM AND Mfr. THEY ARE IN WORK RELEASE PROGRAM AND 1 AM DEALING THROUGH COUNSELOR. THEY ARE NOT ACCESSABLE WITHOUT HER PERMISSION AND I HAVE NOT OBTAINED THAT TO DATE. ACTION PLAN; CIM AND Mfr; CONTINUE FU WITH COUNSELOR TO OBTAIN PEfuVIISSION TO MEET WITH BOTH CLMTS TO RESOLVE Bl CLAIMS. M!R; FU IS SET FOR TWO WEEKS WITH CLMTS WIFE REGARDING HIS MEDICAL TfuVIT. MEDICAL PERMISSION FORM HAS BEEN PROVIDED TO CLMT M!R AND i AM WAITING RETURN OF SAME. OBTAIN ALL MEDICAL DOCUMENTATION AND EVALUATE CLAIM FURTHER AND ATTEMPT SETTLEMENT. LOW IMPACT ACCIDENT MINOR DAMAGES TO VEHICLES. MEDICAL AUTHORIZATION; TO BE OBTAINED Date: 2003-02-13 Time: 10:49:01 Creator: FERENTC Assignee: FERENTC COY: Claimant: . .. OOOOjl CALLED CLMT CIM AND M1T. THEY ARE fN A WORK RELEASE PROGRAM AND THEY WILL NOT PUT ME THROUGH TO THEM. I AM ALWAYS REFERRED TO THEIR COUNSEL, MS HERNANDEZ AND CONTINUALLY GET HER VM. LEFT ANOTHER MESSAGE AGAfN TODAY ON MS HERNANDEZ PHONE. WILL FU LATER TODAY IF NO REPLY Date; 2003-02-13 Time; 10;45;43 Creator; FERENTC Assignee; FERENTC COY; Claimant: CALLED CLMT MIR, NOT fN TRY BACK AROUND 3;00 PER PERSON WHO ANSWERED. Date; 2003-01-31 Time; 21;42;35 Creator; FERENTC Assignee; FERENTC COy; Claimant: CALLED ENTERPRISE REP HANDLfNG CLAIM. LMTCB ON VM. Date; 2003-01-31 Time; 21;42;16 Creator; FERENTC Assignee; FERENTC COy; Claimant; ~,~~ CALLED CLMT CIM AND MIT, LMTCB WITH THEIR COUNSELOR. Date; 2003-01-31 Time; 21:41;54 Creator; FERENTC Assignee; FERENTC COy; Claimant: CALLED CLMT MIR, NOT fN. LMTCB WITH HIS WIFE. Date; 2003-01-31 Time; 21;41;31 Creator; FERENTC Assignee; FERENTC Coy;BI Claimant: Deprez, Leonard 0120 INVESTIGATION: RI SUMMARY - Deprez, Leonard LENNIE DEPREZ 919 GIBSON ROAD HARRISBURG, PA 17113 780-7001 DOB 11130154 AGE 48 SS 362-54-6353 SfNGLE. OCCUPATION; LABORER FOR SOLUTIONS SINCE 11102. ACCIDENT LOCATION; RAILROAD AND TRINDLE TIME 2;00 PM WEATHER CLEAR. NO SEAT BELT CLMT PASSENGER fN CLMT VEHICLE. WHICH WAS A WHITE PASSENGER V AN. APPROXIMATELY 15 PEOPLE ON VAN. 4 PEOPLE IN VAN WENT TO CONCENTRA FOR TRMT. ALL PASSENGERS IN WORK RELEASE PROGRAM AND WERE ON THEIR WAY TO WORK FOR SOLUTIONS. CLMT TAKEN TO CONCENTRA FOR TRMT. PLACED ON WORK RESTRICTION. RECEIVING PT SINCE THE ACCIDENT . 000012 ~ ACCIDENT DESCRIPTION; CLMT IN LEFT TURN LANE WHEN PH PULLED FROM STOP SIGN AND IMP ACT OCCURED. CLMT RT FRONT TO PH LEFT FRONT. CLMT DID GET OUT OF V AN AFTER ACCIDENT TO HAVE A CIGARETTE. DID NOT SPEAK TO POLICE OR ANYONE ELSE. HE DID NOT WAIT FOR POLICE. WAS AFRAID HE WAS GOING TO BE LATE FOR WORK SO HE WALKED TO WORK. THENWENT TO CONCENTRA. Date: 2003-01-31 Time: 21 :36:25 Creator: FERENTC Assignee: FERENTC COY: Claimant: o 120 INVESTIGATION: RI SUMMARY - DA YlD MILLER PASSENGER IN CLMT VEHICLE ACCIDENT LOCATION; TRlNDLE ROAD TIME APPROX 2;00. CLMT DRIVER IN CENTER TURN LANE, PH PULLING FROM STOP SIGN TO CLMT RIGHT. IMPACT OCCURED. CLMT DIM WAS TAKEN TO CON CENTRA MEDICAL AFTER THE ACCIDENT. T &R. BACK AND SPRAIN. CLMT DID NOT GET OUT OF VEHICLE AFTER THE ACCIDENT. DID NOT SPEAK TO POLICE. 3 OTHER PASSENGERS IN VAN INJURED. ONE OTHER MAN, LENNIE DEPREZ AND TWO WOMEN. ALL WENT TO CONCENTRA FOR TREATMENT. NO OTHER KNOWN INJURIES. CLMT VEHICLE DRIVEN FROM THE SCENE. Date: 2003-01-31 Time: 21:32:35 Creator: FERENTC Assignee: FERENTC COy: Claimant: -, .-t . - ~ 1/28, DELIVERED SETTLEMENT CHECK TO WIFE OF DIM. Date: 2003-01-31 Time: 21:32:17 Creator: FERENTC Assignee: FERENTC COy: Claimant: WHILE AT WORK RELEASE BUILDINGS VISITING CLMTS LID AND DIM, CLMT DRIVER MIR ARRlVED TO PICK UP PASSENGERS. INTRODUCED MYSELF AND OBTAINED PHOTO'S OF CLMT VEHICLE. ALSO OBTAINED PHOTO'S OF CLMT MIR WALKING AROUND AND APPEARED TO BE IN NO MAJOR PAIN. Date: 2003-01-31 Time: 21:30:54 Creator: FERENTC Assignee: FERENTC COy: Claimant: F ACE TO F ACE.ul/28/03 MET WITH CLMT DIM DAVID MILLER. OBTAINED RI. SEE RI SUMMARY. CLMT PASSENGER IN CLMT VEHICLE AT THE TIME OF THE ACCIDENT. CLMT WENT TO CONCENTRA AFTER THE ACCIDENT. NECK PAIN. HAS RETURNED TO WORK WITH NO RESTRICTIONS. CLMT DOES NOT OWN A VEHICLE OF HIS OWN. NO AUTO INSURANCE. EXPLAINED FP WILL GO TO VEHICLE HE WAS IN AT THE TIME OF THE ACCIDENT. FULL TORT APPLIES. EXPLAINED LOW IMPACT ACCIDENT WITH MINIMAL DAMAGE. IvIADE OFFER OF 550.00 TO SETTLE BICLAIM. CLAIMANT ACCEPTED. ISSUED DRAFT PAYABLE TOCLMT AND HE REQUESTED THAT I DELIVER TO WIFE SINCE HE IS IN WORK RELEASE PROGRAM. CALLED WIFE AND ARRANGED TO DELIVER CHECK. CLMT SIGNED FULL RELEASE. CLAIM RESOVLED DURING F ACE TO FACE MEETING WITH CLMT. . '. 000013 Date: 2003-01-31 Time: 21:18:52 Creator: FERENTC Assignee: FERENTC Co v: Claimant: FACE TO FACE... 1128/03 MET WITH WITH CLMT LID. OBTAINED Rl. SEE RI SUMl'MRY. CLMT WAS A PASSENGER IN CLMT VEHICLE. WAS ON WAY TO WORK. TRANSPORTED BY CLMT DRIVER. CLMT DOES NOT OWN HIS OWN VEHICLE OR LIVE WITH A RELATIVE WHO DOES. EXPLAINED FP WILL COME FROM VEHICLE HE WAS IN. CLMT WENT TO CONCENTRA AFTER THE ACCIDENT WITH COMPLAINTS OF NECK AND SHOULDER AREA PAIN. DlAG WITH CERVICAL STRAIN AND SPRAIN. PLACED ON WORK RESTRlCfION. CAN NOT WORK SINCE ACCIDENT. RECEIVING PT DAILY. CLMT MAKES 6.50 PER HR AND 40 HRS A WEEK =416.00 X .80 = 332.80 PLUS 30.00 CHARGE FOR TRANSPORTATION EXPENSE. TOTAL OOP 362.50. MADE OFFER OF OOP WAGE LOSS PLUE 750.00 BI SETILEMENT TO CLMT. TOTAL OFFER OF 1122.80. CLMT REFUSED TO ACCEPT. STILL HAS NECK PROBLEMS. ADVISED THIS WAS A LOW lMPACf ACCIDENT WITH MINIMAL DAMAGE. CLMT DEMAND 1567.00 TO SETILE CLAIM TODAY. AGREED TO SETILEMENT AMOUNT. ISSUED DRAFT TO CLMT AND CLMT SIGNED FULL RELEASE. CLAIM SETILED DURING FIRST CALL FACE TO FACE METIING. Date: 2003-01-30 Time: 15:12:13 Creator: MYERSWI Assignee: P ABRUNIT COy: Claimant: ~~~ BRRP-DESK REVIEW. OK to pay under COLL the estimate received from...Lucas BS wIDOP. GRAND TOTAL DEDUCfIBLE $ 689.53 500.00 CUSTOMER PAY INSURANCE PAY $ 500.00 $ 189.53 No subro, chargeable, driveable. Date: 2003-01-29 Time: 10:25:49 Creator: HAUCKR Assignee: HAUCKR COy: PD Claimant: Enterprise Rent A Car 0240 EVALUATION OF DAMAGES: DAMAGE EST - Enterprise Rent A Car REPLACE FRT BUMPER, WI STEP PAD. NO LKQ I AMI ROE fOUND. Date: 2003-01-29 Time: 09:59:50 Creator: FERENTC Assignee: FERENTC COy: Claimant: o 120 INVESTIGATION: POLICE RPT - WENT TO HAMPDEN POLICE DEPT. SPOKE WITH OFFICER. THIS WAS A NON REPORT ABLE ACCIDENT. NO INJURIES AND BOTH VEHICLES WERE DRlVEABLE. POLICE OFFICER HELPED P ARTlES EXCHANGE INFORMATION AND POLICE DlD NOT TAKE A REPORT. . .. OOD014 -- Date: 2003-01-29 Time: 09:58:45 Creator: FERENTC AS5ignee: FERENTC COY: Claimant: 0120 INVESTIGATION: SCENE INSP - PHOTO'D ACCIDENT SCENE, PH HAD STOP SIGN. CLMT WAS IN THE LEGAL LEFT TURN LANE WHEN PH PULLED OUT IN FRONT A VEHICLE STOPPED IN THE RIGHT LANE, PH A TIEMPTING A LEFT TURN. CLMT HAD RIGHT OF WAY. FE TO FE DAMAGE. Date: 2003-01-28 Time: 18:27:40 Creator: FERENTC Assignee: FERENTC COY: Claimant: CRM TO MD ADJUSTER; CHANGING ESTIMATE ONLY TO PAY CODE. COIRF. MINOR DAMAGE TO CLMT VEHICLE. DENT IN FRONT BUMPER. PLEASE HANDLE. Date: 2003-01-28 Time: 18:26:32 Creator: FERENTC Assignee: FERENTC COY: Claimant: .-.='-'.".... ., 0130 LIABILITY DECISION: - COMPLETED INVESTIGATION OF ACCIDENT SCENE AND INTERVIEWS WITH ALL PARTIES. ACCEPTING LIAB 100%. PH PULLED FROM STOP SIGN INTO PATH OF CLMT DRIVER. Date: 2003-01-28 Time: 10:40: 1 0 Creator: HAUCKR Assignee: HAUCKR COY: Claimant: 0210 COVERAGE: - Kopko, George J ACTIVE PD LIMIT 100,000 INCEPT 7/16/97 3P Date: 2003-01-28 Time: 10:39:25 Creator: HAUCKR Assignee: HAUCKR COY: PO Claimant: Entetprise Rent A Car CONTACT...Entetprise Rent A Car WILL SEE V2 BETWEEN 9-12 ON WED. l/29 Date: 2003-01-28 Time: 09:36:12 Creator: OOR Assignee: OOR COy: Claimant: CL DR SUPPORT SOLUTIONS 717-213-0935>0042419>02 CHEVY VAN, NCOFE @ 301 S 13TH ST, HBG, SEE LOG Date: 2003-01-27 Time: 16:06:27 Creator: FERENTC . '. ()0001S Assignee: FERENTC Cov: Claimant: 0120 INVESTIGATION: RI SUMMARY - MICHAEL KUSHNER 2365 FORREST HILLS DRlVE HBG, PA 17112717-671-5944 DOB 3/31/60 OCCUPATION; REALEST DEVELOPER. LOCATION; TRINDLE ROAD AND DELBROOKE APPT TIME; 1;50PM WEATHER; CLEAR TOTAL OF 2 VEHICLES IN ACCIDENTS DID NOT KNOW ANY OF THE PARTIES fNVOLVED WITNESS WAS ON TRlNDLE WHICH IS TWO LANES, ONE IN EACH DIRECTIONS. CLMT WE ON TRlNDLE. PH TO WITNESS RIGHT ON SIDE ROAD, STOPPED AT STOP SIGN. CLMT VEHICLE WHITE V AN ALSO WE ON TRINDLE PH IN VEHICLE COMING OUT OF APTS. ACCIDENT DESCRIPTION; WITNESS STOPPED TO ALLOW PH TO EXIT FROM SIDE ROAD, PH PROCEEDED OUT SLOWL Y ATTEMPTING LEFT HAND TURN , CLMT COMING UP ON THE LEFT SIDE OF WITNESS STRUCK PH VEHICLE. IMPACT LEFT FRONT OF PH VEHICLE TO RIGHT FRONT OF CLMT VEHICLE, NO INJURIES AT THE ACCIDENT SCENE. WITNESS GAVE BOTH PARTIES HIS CARD AND HE DID NOT REMAIN AT THE ACCIDENT SCENE. PER WITNESS HE DOES NOT THINK THERE IS LEFT TURN LANE TO THE LEFT OF HIM. ALSO STATES THAT PH WAS PROCEEDING VERY SLOWLY OUT. ~"'.~. " Date: 2003-01-27 Time: 13:10:01 Creator: FERENTC Assignee: FERENTC Cov: Claimant: RESCHEDULED APPT WITH un AND DIM FOR TUESDAY AT I;OOPM. Date: 2003-01-27 Time: 13:09:36 Creator: FERENTC Assignee: FERENTC Cov: Claimant: CALLED CLMT CIM AND Mfr, SPOKE TO THEIR COUNSELOR BETTY. SHE SAID THEY ARE BOTH AT WORK. EXPLAINED TO HER WHY I WAS CALLING. SHE SAID THAT I WILL NEED TO CALL EARLY IN THE MOR.J'IING. THEY BOTH WORK NIGHTS AND DO NOT GET BACK IN UNTIL 11 ;30 OR 12;00 AND THAT IN THE MORNINGS THEY HAVE COMMUNITY SERVICE WHICH THEY HAVE TO COMPLETE. ADVISED THAT I WILL TRY TOMORROW MORNING AROUND 8;00AJ'vl. Date: 2003-01-27 Time: 13:02:12 Creator: FERENTC Assignee: FERENTC COy: Claimant: CALLED WITNESS, GOT VM. LMTCB FOR WITNESS. Date: 2003-01-27 Time: 13:01:52 Creator: FERENTC Assignee: FERENTC Co\.': . . 000016 -. Claimant: f.'lITIAL CONTACT...CALL RECEIVED FROM CLMT DRIVER. OBTAINED RI FROM CLMT DRIVER. SEE RI SUMMARY. Date: 2003-01-27 Time: 13:00:03 Creator: FERENTC Assignee: FERENTC Coy:BI Claimant: Rodriguez, Manuel 0120 INVESTIGATION: RI SUMMARY - Rodriguez, Manuel MANUEL RODRIGUEZ 2458 EMERALD COURT HARRISBURG, PA 17104 717-234-0234 DOB 9/30/55 5S 197602274 OCCUPATION; SUPERVISOR VAN DRIVER. LOCATION; TRINDLE ROAD TIME; AFTER 2;00PM WEATHER; CLEAR DRIVER OF VAN 15 PASSENGER SEAT BELT /YES APPROX 13 PASSENGERS IN THE VEHICLE HAMPDEN POLICE CALLED TO THE SCENE WITNESSES; YES ..INFO ON PRo ACCIDENT DESCRIPTION; CLMT TRAVELING ON TRlNDLE IN LEFT TURN LANE.~S \tiGHT, PH A TIEMPTED LEFT IN FRONT OF CLMT AND HIT HIM. DAMAGE TO CLMT RIGHT FRONT. DAMAGE TO PH LEFT FRONT. CLMT BRAKED BUT HAD ALREADY BEEN HIT. DOES NOT KNOW HOW FAR A WAY FROM LIGHT HE WAS WHEN IMPACT OCCURRED. CLMT DOES NOT KNOW IF THERE WERE CARS STOPPED IN THE RIGHT WEST BOUND LANE. f.'lJURIES; CLMT DRIVER; LEG AND BACK. SEVERAL PASSENGERS INJURED OlD NOT TELL POLICE AT THE SCENE THAT THEY WERE INJURED. DID NOT KNOW UNTIL LATER NO PRIOR ACCIDENTS. NO PRIOR INJURIES. Date: 2003-01-27 Time: 10:22:57 Creator: FERENTC Assignee: FERENTC COY: Claimant: CALLED WITNESS, OUT OF OFFICE UNTIL 11 ;00 AM. WILL CALL HIM BACK THEN. Date: 2003-01-27 Time: 10:21:41 Creator: FERENTC Assignee: FERENTC COy: Claimant: f.'llTIAL CONT ACT...RECEIVED RETURN CALL FROM PH. THEY WERE OUT OF TOWN SINCE THEY DA Y OF THE ACCIDENT. THEIR VEHICLE IS DRIVABLE. MINOR LF DAMAGE. THEY WOULD LIKE TO HAVE REPAIRED AT LUCAS'S BRRS. ADVISED I WILL ASSIGN TO BRRS. NO INJURY f.'l PH VEHICLE. MR. KOPKO GAVE ME PHONE NUMBER TO REACH WIFE AT WORK. CALLED ANN KOPKO AND OBTAINED.RI. SEE RI SUMMARY. Dale: 2003-01-27 Time: 10:19:18 Crealor: FERENTC . . . 000011 Assignee: FERENTC COY: Claimant: 0120 INVESTIGATION: RI SUMMARY - Kopko, George J ANN KOPKO 1901 KENT DRIVE CAMPHlLLPA 17011717-737-6263 DOB 12/5/46 SS 173387342 MARRIED; GEORGE SR. OCCUPATION; FISCAL ASSIST ANTI CLERICAL LOCATION; TRINDLE ROAD AND BRIAN ROAD TIME; AFTERNOON WEATHER; CLEAR PH OPERATOR OF VEHICLE. CHEVY IMPALA BLACK NO PASSENGERS. SB YES PURPOSE OF TRIP. ON WAY HOME. FAMILIAR WITH AREA. PH ON BRIAN ROAD WHICH IS ONE LANE ROAD I CLMT ON TRINDLE WEST BOUND TRlNDLE IS TWO LANE ONE IN EACH DIRECTION WITH A CENTER TURN LANE. PH HAD STOP SIGN. NONE ON TRINDLE. CLMT VEHICLE TO PH LEFT. ACCIDENT DESCRIPTION; PH CAME TO STOP SIGN, HEAVY TRAFFIC. CAR TO LEFT STOPPED AND MOTION PH OUT SHE CHECKED AND INCHED OUT SLOWLY TO MAKE SURE NOTHING WAS COMING IN THE CENTER LANE. WENT TO STEP ON THE GAS AND THEN SAW CLMT COMING SHE BRAKED AND THEN THE IMPACT OCCURED. PH LEFT FRONT AND CLMT RIGHT FRONT IMPACTED. PH BACKED UP TO GET OUT OF TRAFFIC. CLMT CAME OVER AND SHE W AS GorNe''!'~mv.E HIM INSURANCE INFO BUT HE REFUSED TO GNE HER HIS INSURANCE INFO SO THEY BOTH CALLED THE POLICE. HAMPDEN TWP POLICE CAME TO THE SCENE. NO CITATIONS. NON REPORTABLE ACCIDENT. PH WAS TOLD THAT THERE WAS APPROX 15 PASSENGERS IN THE CLMT VEHICLE WHICH WAS A V AN. ABOUT 4 OF THEM GOT OUT TO SMOKE CIGARETTES WHILE INFORMATION WAS BEING EXCHANGED. THEY THEN GOT BACK IN THE VEHICLE. NO ONE CLAIMED ANY INJURIES. PH WAS NOT INJURED. BOTH VEHICLES WERE DRIVEN FROM THE SCENE. MAN WHO STOPPED TO LET PH OUT STAYED AND GAVE STATEMENT TO POLICE. PER PH THIS WAS A MINOR IMPACT. MINOR DAMAGE TO BOTH VEHICLES. Date: 2003-01-24 Time: 14:12:27 Creator: FERENTC Assignee: FERENTC COy: Claimant: CONFERENCE CLAIM WITH CM KELLER. BOTH AGREE THAT CLMT OWNER NEEDS TO REPORT THIS CLAIM TO WC AND PERSONAL AUTO INSURANCE FOR THE MEDICAL BILLS OF ALL PARTIES IN CLMT VEHICLE. CALLED BOTH ELIZABETH RODDRIQUEZ AND DONNA BRUNTON AND EXPLAINED PA LAW AN THAT 1 RECOMMEND THEY REPORT TO BOTH. DONNA HAS CALLED BROKER AND WILL REPORT INJURIES AND MEDICAL. Date: 2003-01-24 Time: 14:02:15 Creator: FERENTC Assignee: FERENTC COy: Claimant: RA PD TO MD FOR ESTIMATE ONLY ON CLMT VEHICLE. CLMT VEHICLE IS A 2002 CHEVY 15 PASSENGER VAN. WHITE. VAN WILL BE LOCATED AT 301 S. 13TH STREET HARRISBURG, PA DAUPHIN COUNTY ON MONDAY 1/27 BETWEEN THE HOURS OF 8;30 AM AND 12;30PM. PLEASE COMPLETE ESTIMATE AND PHOTO'S OF VEHICLE DAMAGE. FRONT END. VEHICLE IS OWNED BY "* 000013 ENTERPRlSE OUT OF PITISBURG AND WILL BE TAKEN TO pmSBURG EARLY NEXT WEEK. THIS IS A RUSH ASSIGNMENT IF POSSIBLE. NAME OF BUILDING VEHICLE WILL BE AT IS MT PLEASANT HISPANIC AIvIERlCAN CENTER. IT IS BETWEEN KITI A TINNY AND SW A TARA STREET ON 13TH STREET IN HGG. ANY QUESTIONS. THE CONTACT PERSON IS ELIZABETH RODRlQUEZ 213-0935. THANK YOU Date: 2003-01-24 Time: 13:11:33 Creator: FERENTC Assignee: FERENTC COy: Claimant: RECEIVED CALL FROM ELIZABETH RODRIQUEZ, OFFICE MGR FOR SUPPORTS SOLUTIONS. SHE STATES THAT THE V AN IS DRIVABLE AND IS BEING USED AT THIS TIME. IT IS A LEASED VEHICLE FROM ENTERPRISE PITISBURG OFFICE. ONCE SHE SPEAKS WITH HER MGR, THEY WILL BE TAKING THE V AN BACK TO ENTERPRISE IN pmSBURG AND TRADING IN FOR ANOTHER VEHICLE. THE VAN WlLL BE LOCATED AT THIER OFFICE LOCATION ON MONDAY BETWEEN 9;00 AM AND 12;30PM. THErR ADDRESS IS 301 S. 13TH STREET HARRISBURG, PA. NAME OF THE BUILDING IS MT PLEASANT HlSP ANIC AMERICAN CENTER. LOCATED BETWEEN KITI A TINNY AND SWAT ARA STREETS DrRECTL Y ON 13TH STREET. ADVISED WE WILL HAVE AN MD ADJUSTER COME OUT TO ESTlMA TE THE VEHICLE ON MONDAY. THE VEHICLE IS A 15 PASSENGER 2002 CHEVY VAN, WHITE. FRONT END DAMAGE. REGARDING PASSENGERS IN VAN; FOUR ARE NOW OFF WORK AND RECEIVING P~t;R AND THREE PASSENGER DIM, UD AND CIM. CLMT Mff IS FINE AND CAN RETURN TO WORK. ALL HAVE SOFT TISSUE CERVICAL STRAIN.. THEY DO NOT FEEL THIS IS A WC CLAIM BECAUSE THEY WERE BEING TRANSPORTED TO THE JOB. HAVE NOT REPORTED WC CLAIM AS YET. CONCENTRA IS THE TREATING PHYSlClANS FOR We. WANTS TO KNOW WHO IS GOING TO PAY FOR THE MEDICAL TRIvlT THESE PEOPLE WILL RECEIVE. ADVISED THAT THE INVESTIGATION IS STILL PENDING. LIAB HAS NOT BEEN DETERMINED AT ,. THIS TIME. EXPLAINED I WILL NEED A STATEMENT FROM THEIR DRIVER ASAP. SCHEDULED APPT FOR MONDA Y AT 8;30AM. TO OBTAIN HIS STATEMENT. ELIZABETH WILL INTERPERETE FOR HIM. AGREED. Date: 2003-01-24 Time: 13:04:31 Creator: FERENTC Assignee: FERENTC COy: Claimant: l.'IITIAL CONTACT...CALLED CLMT LID, SPOKE WITH LEONARD. STATES THAT HE WAS INJURED l.'I THE ACCIDENT. HE WAS PASSENGER, FIRST SEAT IN THE MIDDLE BEHIND THE DRlVER. 5T A TES THAT HE IS SCARED TO RlDE WITH THIS DRlVER, HE ALMOST HAD THE IN ACCIDENT TWICE BEFORE. DRlVER CROSSED DOUBLE YELLOW LINE AND WAS TRA VEUNG IN THE CENTER TURN LANE, WHICH HE DOES EVERY DA Y AND STRUCK ANOTHER VEHICLE. CLMT SUFFERED NECK AND LOW BACK PAIN. HE DlD GO TO CONCENTRA AND W AS TREATED AND THEY ARE SENDING HIM FOR PT. HE DOES NOT OWN A VEHICLE OF HIS OWN. SET UP APPT TO MEET WITH HIM TOMORROW AT 4;00PM. Date: 2003-01-24 Time: 12:33:47 Creator: FERENTC Assignee: FERENTC COy: Claimant: , 000019 CALLED PH AGAIN. NO ANSWER. Date: 2003-01-24 Time: 12:30:13 Creator: FERENTC Assignee: FERENTC COy: Claimant: INITIAL CONTACT...CALLED CLMT DAVID MILLER, HE WAS PASSENGER IN CLMT VEHICLE. WENT TO CONCENTRA AFTER THE ACCIDENT. DIAG WITH NECK AND LUMBAR STRAIN. T &R. IS GOING TO WORK TODAY AT 3;00. SET UP APPT TO MEET WITH HIM TOMORROW AT HIS WORK RELEASE BUILDING. ALL CLMT ARE IN THE WORK RELEASE PROGRAM. CLMT UD IS LIVING IN BUILDING 1. CLMT DIM IS IN BUILDING 2. THE TWO WOMEN ARE AT A DIFFERENT LOCATION. CLMT DIM DOES NOT OWN HIS OWN VEHICLE. Date: 2003-01-24 Time: 12:18:26 Creator: FERENTC Assignee: FERENTC COy: Claimant: CALLED PERSON WHO REPORTED CLAIM! DONNA BRUNTON 800-685-0354. SPOKE WITH DONNA. SHE REPRESENTS EMPLOYER SUPPORTS SOLUTIONS INC. CLMT DRIVER IS EMPLOYEE OF SUPPORTS SOLUTIONS AND DRIVES V AN I SHUTTLES EMPLOYEES TO WORK LOCA'FIO%.W AS IN THE COURSE OF EMPLOYMENT WHEN ACCIDENT HAPPENED. HAD OTHER SOLUTIONS . EMPLOYEES IN VEHICLE AT THE TIME OF THE ACCIDENT. . VAN IS LEASED BY SUPPORTS SOLUTIONS THROUGH ENTERPRISE ON A LONG TERM LEASE. VEHICLE IS DRIVABLE. SHE WILL CONTACT HBG OFFICE OF SUPPORTS SOLUTIONS AND GET BACK TO ME REGARDING VEHICLE DAMAGE. THEY ARE INSURED WITH HARLEYSVILLE AND HAVE REPORTED TO THEIR BROKER WHO SUGGESTS THAT THEY GO THROUGH NW AND NOT REPORT TO HARLEYSVlLLE AT THIS .. TIME.. DONNA STATES THAT DRIVER AND 4 PASSENGERS WENT TO CONCENTRA AND WERE ALL T &R. SHE THINKS THEY ARE ALL AT WORK TODAY. SUFFERED CERVICAL AND LUMBAR STRAIN AND SPRAIN. SHE WILL FAX OVER THE MEDICAL REPORTS FROM CONCENTRA TO ME TODAY ON ALL PARTIES WHO TREATED. WILL ALSO GET BACK TO ME REGARDING THE VEHICLE ADVISED THAT I WILL NEED TO SPEAK TO ALL PARTIES INCLUDING THE DRIVER. SHE WILL GET MESSAGES TO DRIVER AND HAVE HIM CALL ME. COULD NOT GIVE ME HOME NUMBER FOR THE DRIVER. Date: 2003-01-24 Time: 11:21:06 Creator: FERENTC Assignee: FERENTC COy: Claimant: CALLED CLMT MfR. REACHED HIS WORK NUMBER. LADY WHO ANSWERED SAID THAT HE IS ONE OF THEIR VAN DRIVERS AND WAS NOT IN AT THE PRESENT TIME. SHE WILL GIVE HER MGR MY NAME AND NUMBER AND HAVE HER CALL ME. CLMT WAS IN THE COURSE OF EMPLOYMENT AND DRIVING COMPANY VAN WHEN THIS ACCIDENT HAPPENED. SHE WILL HAVE SOMEONE GET BACK TO ME. Date: 2003-01-24 Time: 11:18:21 Creator: FERENTC Assignee: FERENTC COy: .. . 000020 Claimant: CALLED HAMPDEN POLICE DEPT. REPORT IS NOT APPROVED FOR RELEASE YET. OBTIANED INCIDENT NUMBER WHICH IS 200301293. WILL CALL POLICE BACK ON MONDAY REGARDING RELEASE OF REPORT. Date: 2003-01-24 Time: 11:11:30 Creator: FERENTC Assignee: FERENTC COY: Claimant: CALLED AGENT BOB GROVES OFFICE, SPOKE WITH SEC ROSE. PH HAS NOT REPORTED ACCIDENT TO AGENT OFFICE AS YET. SHE CHECKED FILES FOR PH AND THE ONLY NUMBER THEY HAVE LISTED FOR PH IS HOME NUMBER. VERlFIED THAT IT IS THE SAME NUMBER WHICH I HAVE. Date: 2003-01-24 Time: 11:08:09 Creator: FERENTC Assignee: FERENTC COy: Claimant: CALLED PH, NO ANSWER, NO ANSWERING MACHINE. WILL CONTINUE ATTEMPTS TO REACH PH. ----~............. Date: 2003-01-24 Time: 11:07:48 Creator: FERENTC Assignee: FERENTC COy: Claimant: 0110 COVERAGE: - NEW CLAIM RECEIVED. POLICY IS ACTIVE. RENEWAL DATES 12/6/02 TO 6/6/03. COVERAGE BI 300/300 PD 100/000 COLL 500 DED. CLMT REPORTED CLAIM. NEED TO VERlFY ACCIDENT DETAILS, DRlVER AND VEHICLE INVOLVED IN ACCIDENT WITH PH. COVERAGE ISSUES PENDING FURTHER INVESTIGATION. '. 00002.1 Stephen G. Held. Esquire Attorney I.D. No. 72663 HANDLER. HENNING & ROSENBERG. LLP 1300 Linglestown Road Harrisburg. PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@HHRLAW.COM Attorney for Plaintiff MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION. LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this IJ-q th day of March, 2006, I hereby certify that I have served the within document upon ~ndanUCounsel of Record by sending a true and correct copy ofthe same to her/him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Donald R. Dorer, Esq. 214 Senate Avenue Suite 503 Camp Hill, PA 17011 HANDLER, HENNING ROSENBERG, LLP Steph n G. Held, Esquire ( , ' c~.' () .-" ; ~, i'\ :.....-.;,. r . MANUEL RODRIGUEZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-102 GEORGE J. KOPKO, ANN ELIZABETH KOPKO CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED ORDER AND NOW this ,flit Day of ~~ ,2006, upon consideration of Defendant's ~)fo';;:m~.~;~:;~ P~":'X.:;>;;.' ~lA.. f~ "':"~"'-,.(, ..,..-f,t. B HEC : p.J- flJ.A. 6 ~ * J. 8 ~J 01 \ ]' 1j;1 :-,(1.'17- .!'.'!""~ :8W..ijf) rt!'l ."'.j,\.1';..1 _ '..1' " '.' ,!.,V', \ '~J! 1+'0 ." _.1 ~ ,_, ',\~ 1 :1 ., r . OSHB-00029 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) MANUEL RODRIGUEZ (Plaintiff) vs. GEORGE J. KOPKO, ANN ELIZABETH KOPKO (Defendants) No. 05-102, 2005 Term I. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): 1) Plaintiff*s Motion to Amend Writ of Summons 2) Motion of Defendants. Georl!e J. Kopko and Ann Elizabeth Kopko, for Summary Judl!ment 2. Identify counsel who will argue cases: (a) for plaintiff: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, P A 17110 Telephone No. (717) 238-2000 (b) for defendant: Donald R. Dorer, Esquire Law Offices of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 17, 2006 .}0 aiJ- Signature Donald R. Dorer, Esquire Print your name Court I.D. 39126 Date: April 1 0, 2006 Attorney fOf Defendants, George J. Kopko and Ann Elizabeth Kopko . 05HB-00029 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, George J. Kopko and Ann Elizabeth Kopko MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe for Listing Case for Argument to be served by regular first class mail upon: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg,PA 17110 Attorney for Plaintiff '1 r ,- Date: April 10. 2006 Donald R. Dorer, Esquire Attorney for Defendants .~ _..~ .' ...0; r;:" .- MANUEL RODRIGUEZ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW NO. 05-0102 CIVIL GEORGE 1. KOPKO and ANN ELIZABETH KOPKO, Defendants IN RE: PLAINTIFF'S MOTION TO AMEND WRIT OF SUMMONS AND DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, PJ. AND GUIDO, J. ORDER AND NOW, this ~~"J day of November, 2006, for the reasons set forth in the attached opinion, Plaintiffs Motion to Amend Writ of Summons is DENIED and Defendants' Motion for Summary Judgment is GRANTED. Stephen G. Held, Esquire F or the Plaintiff Donald R. Dorer, Esquire F or the Defendants ~ ~ /I-JA--Ot,.. ~ :rlm 22 :ZHld ZZ AON 9DQZ " MANUEL RODRIGUEZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GEORGE J. KOPKO and NO. 2005 - 0102 CIVIL TERM ANN ELIZABETH KOPKO : CIVIL ACTION - LAW IN RE: PLAINTIFF'S MOTION TO AMEND WRIT OF SUMMONS AND DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, PJ., AND GUIDO, J. OPINION AND ORDER Currently before this Court are Plaintiffs "Motion to Amend Writ of Summons" and Defendants' "Motion for Summary Judgment". The parties have briefed and argued their respective positions in connection with each motion. For the reasons hereinafter set forth, plaintiffs' motion will be denied. As a result, we will then be required to grant the defendants' motion. We will begin by summarizing the facts and procedural history of this case. On January 23,2003 the plaintiff was driving a van that was involved in a collision with a car being driven by defendant Ann Elizabeth Kopko. The car was owned jointly by her and her husband George J. Kopko. I Plaintiff was aware that a woman was driving the car.2 Furthermore, the names and addresses of both vehicle operators were properly 1 See Complaint, paragraph 5. 2 He spoke to the driver at the scene of the accident to see ifshe was injured and to exchange information. See p. 19 of Plaintiffs deposition attached as Exhibit C to Defendants' "Motion to Summary Judgment". NO. 2005 - 0102 CIVIL TERM listed in the "Notification of Accident Investigation" prepared by the Hampden Township Police Department. 3 On January 6, 2005 plaintiff commenced this action by filing a praecipe for writ of summons.4 The writ named only George 1. Kopko as a defendant. It was served upon him on January 11,2005. On March 17,2005 defense counsel entered his appearance. On March 22, 2005 defendant's counsel filed a "Praecipe for Rule to File Complaint." Plaintiffs counsel filed a complaint on April 6, 2005. The complaint listed both Ann Elizabeth Kopko and George J. Kopko as defendants. It went on to allege that either one or the other of the defendants was operating the car involved in the collision.5 On May 2, 2005 defendants filed an answer with new matter which raised the statute of limitations as a defense.6 On September 29,2005 plaintiff filed the instant motion seeking leave to amend his writ of summons. Specifically, he sought leave to "correct the name of George J. Kopko to Ann Elizabeth Kopko".7 The law regarding this issue is clear and well settled. The general rule is that an amendment will not be allowed after the statute of limitations has run if the effect would be to add a new and distinct party. Saracina v. Cotoia,417 Pa. 80, 208 A.2d 764 (1965). In the instant case, there is no question that George J. Kopko and Ann Elizabeth Kopko are separate and distinct parties. However, as with most rules, there are exceptions. The statute of limitations may be tolled if "a defendant or his agent actively misleads the plaintiff as to the identity of the proper defendants." Hubert v. Greenwald, 743 A.2d 977, 981 (Pa.Super 1999). 3 See Exhibit B to Defendants' Answer to Plaintiffs Motion to Amend. 4 See Praecipe for Writ of Summons. 5 See Complaint, paragraph 5. 6 See Defendants' Answer with New Matter, paragraph 32. 7 See Plaintiffs "Motion to Amend Writ of Summons". 2 NO. 2005 - 0102 CIVIL TERM Plaintiff contends that the statute of limitations had been tolled because of the "fraud or intentional concealment on the part of the Defendants' insurer as to the identity of the driver as evidenced by Exhibit B."g Exhibit B referred to in plaintiffs motion is a letter from defendants' insurer to plaintiff dated February 13,2003. It contained the following caption. YOUR CLIENT: OUR INSURED: OUR CLAIM #: DATE OF LOSS: Manual Rodriquez George J. Kopko 5837 D 04241901232003 01 01-23-2003 In the late summer or early fall of 2003 plaintiffs attorney advised the defendants' insurance carrier of his representation.9 That correspondence, as well as all other correspondence between the carrier and plaintiffs counsel referred to the insured as "George J. Kopko".IO Plaintiff argues that the correspondence between his counsel and the insurer listing "George J. Kopko" as the "insured" was sufficient to toll the statute. We disagree. "In order for fraudulent concealment to toll the statute of limitations, the defendant must have committed some affirmative independent act of concealment upon which the plaintiffs justifiably relied." Kingston Coal Company v .Felton Mining Company, 456 Pa.Super 270, 284, 690 A.2d 284, 291 (1997). The instant case is similar to Montanya v. McGonegal, 757 A.2d 947 (Pa.Super 2000). In that case the Superior Court held that "(r)elying on a heading, which was used merely to identify the policy/claim at issue, was not reasonable and does not constitute the type of fraud/concealment which permits the tolling of the statute of limitations." 757 A.2d at 8 Plaintiffs "Motion to Amend Writ of Summons" paragraph 13. 9 See Exhibits to Plaintiffs "Motion to Amend Writ of Summons". 10 See Exhibits to Plaintiffs "Motion to Amend Writ of Summons". 3 .. NO. 2005 - 0102 CIVIL TERM 951. The insurance company's "mere silence or non-disclosure" is not sufficient to toll the statute. Id at 952. The plaintiff has an affirmative "duty to ascertain" the identify of the defendant. Id. That is particularly true in the instant case where the "insured" was listed as a man and the plaintiff was well aware that the proper defendant was a woman. Furthermore, the name of the appropriate defendant was listed in the police report. Therefore, we must deny the plaintiffs "Motion to Amend Writ of Summons." Plaintiff concedes that if the statute of limitations is not tolled, his action against Ann Elizabeth Kopko is time barred. He further concedes that he has no valid cause of action against George 1. Kopko. Therefore, defendants' "Motion for Summary Judgment" will be granted. ORDER OF COURT AND NOW, this day of NOVEMBER, 2006, for the reasons set forth in the attached opinion Plaintiffs Motion to Amend Writ of Summons is DENIED and Defendants' Motion for Summary Judgment is GRANTED. By the Court, /s/ Edward E. Guido Edward E. Guido, J. 4 05HB-00029 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, George J. Kopko and Ann Elizabeth Kopko MANUEL RODRIGUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER SUMMARY JUDGMENT TO THE PROTHONOTARY: Kindly enter summary judgment against the Plaintiff, Manuel Rodriguez, and in favor of Defendants, George J. Kopko and Ann Elizabeth Kopko, pursuant to the Order of The Honorable Edward E. Guido entered on November 22, 2006. A copy of the Order is attached hereto as Exhibit "A". No appeal to this Order was filed by the Plaintiff. PleRBe ft'Ulfk the. AhovG Gllpti-':nea ...eRse EiiaesBtiBl:l88 aft6 endeth- -i:J- Respectfully submitted, Date: December 28, 2006 ER & DORER By: \ Donald R. Dorer, E quire Attorney for Defendants Court J.D. 39126 , I ! CYhJIoI'f 4- MANUEL RODRIGUEZ Plaintiff IN THE COURT OF COI\lMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA VS. CIVIL ACTION - LA W NO. 05-0102 CIVIL GEORGE]. KOPKO and ANN ELIZABETH KOPKO, Defendants IN RE: PLAINTIFF'S MOTION TO AMEND WRIT OF SUMMONS AND DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY. PJ. AND GUIDO. 1. ORDER AND NOW. this )~".,/ day of November, 2006, for the reasons set forth in the attached opinion, Plaintiffs Motion to Amend Writ of Summons is DENIED and Defendants' Motion for Summary Judgment is GRANTED. ._._-~'~. . ~......,... "~c".,,...,...! / /BY THE COURT,/' ("'~"~c .,_._..... // '7...... , Edward E. Guido, J. Stephen G. Held, Esquire F or the Plaintiff Donald R. Dorer, Esquire F or the Defendants :rlm i 'f~ U E Ct...." i r; ., ,,; ih.Z()' , .... ". . ,,,"'0 ",.~.., "";1..... n T qsfjmony whereof. I tune u-llte set my hQlic od the seal of said Court at Carltsle, Pa. hI& J.JCf7 ~ .2CO& . I J Afl1~ Prothonorart 05HB-00029 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, George J. Kopko and Ann Elizabeth Kopko MANUEL RODRIGUE~ PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. No. 05-102 CIVIL TERM GEORGE J. KOPKO, ANN ELIZABETH KOPKO DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe to Enter Summary Judgment to be served by regular first class mail upon: Date: December 28, 2006 Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff ctM /,:: ... ; ! '. I . ' Donald R. Dorer, Esquire Attorney for Defendants c7d (:) J.O.. ~ ~ ~ ~ . t:- o. 0 ~ ~ ..c p} ...... ~ ........ ..0 l~ 00 ...0 f ~ w r...o ~ 0 :3 -,I c:.- ....... )._' ~,~~: -:r. -n ~ rl1r--: -r1 0i \ -iJ C"J r<> <J, ~\ - '\ ';~':--':....~ ,~( -' __::-:rn C5 ::.,~ N ~ f'-.) ~ Fi r ..::::.. .- ~~