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Home My WebLink About13-5069 Supreme Cou& Coud6f- C For Prothonotary Use Only: r„ a � C1Vll'C VO Sheet Docket No: Cu band'` c 6 (Q !f iai ; f County 3 s-cl f 1 t Co y f The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 2 Complaint 0 Writ of Summons El Petition Transfer from Another Jurisdiction E] Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Lynne G. Bennetch Dennis Newman Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? IX' Yes El No (check one) Ox outside arbitration limits O N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? C] Yes [R No A Name ofPlaintiff /Appellant's Attorney: RICHARD A SADLOCK, ESQUIRE Check here if you have no attorney (are a Self- Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Moss Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies El Malicious Prosecution El Debt Collection: Credit Card El Board of Assessment x Motor Vehicle ] Debt Collection: Other II Board of Elections Nuisance I] Dept. of Transportation S I�. Premises Liability El Statutory Appeal: Other 0 Product Liability (does not include In Employment Dispute: E mass tort) El Slander/Libel/ Defamation Discrimination C El Other: 0 Employment Dispute: Other 0 Zoning Board � Other: , 1 E3 Other: O MASS TORT El Asbestos N 0 Tobacco 0 Toxic Tort -DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste +,' ;Other: 0 Ejectment 0 Common Law /Statutory Arbitration B El Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute E] Non- Domestic Relations O Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY C_ Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental E] Partition 0 Replevin 0 Legal C Quiet Title El Other: 0 Medical E] Other: Other Professional: Updated 1/1/2011 1 - i ILEQ OFFIC UF THE PROTH ONO TAR'S' 213 AUG 21 PPI 1:57 CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff(s) E -mail: mkosik @angino- rovner.com LYNNE G. BENNETCH and IN THE COURT OF COMMON PLEAS DARRYL BENNETCH, Her Husband CUMBERLRAND COUNTY, PENNA. Plaintiffs CIVIL ACTION = //L---AW hV/ DENNIS NEWMAN, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH .INFORMATION ABOUT HIRING A LAWYER. Oe. IM, G 531758 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en.la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui on contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 531758 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110 -1708 (717)238 -6791. FAX (717) 238 -5610 Attorneys for Plaintiff(s) E -mail: mkosik @angino- rovner.com LYNNE G. BENNETCH and IN THE COURT OF COMMON PLEAS DARRYL BENNETCH, Her Husband CUMBERLRAND COUNTY, PENNA. Plaintiffs CIVIL ACTION — LAW V. NO. DENNIS NEWMAN, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Lynne G. Bennetch and Darryl Bennetch are husband and wife, adult individuals and citizens of the Commonwealth of Pennsylvania who reside at 8181 Chambers Hill Road, Harrisburg, Dauphin County, Pennsylvania 17111. 2. Defendant Dennis Newman is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 30 444 Granite Quarry Road, New Cumberland, York County, Pennsylvania 17070. 3. The facts and occurrences hereinafter related took place on June 9, 2012, near the intersection of Simpson Ferry Road and Lower Allen Drive, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Darryl Bennetch was operating a 2007 Grand Prix approaching the right turning lane on Simpson Ferry Road. 5. At that time and place, Plaintiff Lynne G. Bennetch was the front seat passenger of the vehicle driven by Plaintiff Darryl Bennetch. 6. At that time and place, Defendant Dennis Newman was driving a Toyota Tacoma. 531758 7. At that time and place, Defendant Dennis Newman was exiting from Wendy's when he pulled out directly in front of Plaintiffs' vehicle causing a violent collision. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Lynne G. Bennetch and Darryl Bennetch are the direct and proximate result of the negligent, careless, and manner in which Defendant Dennis Newman operated his vehicle as follows: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) failure to yield the right -of -way to the Bennetch vehicle which was properly approaching on the highway and in violation of 75 Pa. C.S.A. §3324; (c) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (d) failure to have proper and adequate control over his vehicle; (e) failure to remain in a stopped position off the highway and entering the highway in the path of the Bennetch vehicle when it was so close as to constitute a hazard in violation of 75 Pa.C.S.A. §3333; (f) failure to yield the right of way to Plaintiffs' vehicle; and (g) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I LYNNE G. BENNETCH V. DENNIS NEWMAN 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. As a direct and proximate result.of the aforementioned accident, Plaintiff Lynne G. Bennetch sustained painful and severe injuries which include but are not limited to 531758 . 1 aggravation of left thumb osteoarthritis requiring carpal metacarpal arthroplasty with tendon interposition, loss of grip strength in left hand._ 11. By reason of the aforesaid injuries sustained by Plaintiff Lynne G. Bennetch, she was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Lynne G. Bennetch has been advised and, therefore, avers that she may be forced to incur similar expenses in the future and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Lynne G. Bennetch has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. Plaintiff Lynne G. Bennetch continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 15. As a result of the aforesaid injuries, Plaintiff Lynne G. Bennetch has sustained uncompensated work loss, and claim is made therefor. 16. As: a result of the aforementioned injuries, Plaintiff Lynne G. Bennetch may sustain work loss', loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. CLAIM II DARRYL BENNETCH V. DENNIS NEWMAN 17. Paragraphs 1 through 16 are incorporated herein by reference. 531758 18. Asa result of the aforementioned injuries sustained by his wife, Plaintiff Lynne G. Bennetch, Plaintiff Darryl Bennetch has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Lynne G. Bennetch and Darryl Bennetch demand judgment against Defendant Dennis Newman in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & RO ichard A. _ squire 1:D. No. 47281 4503 N: Front Street Harrisburg, PA 17110 (717) 238 -6791 Counsel for Plaintiff(s) 531758 VERIFICATION I, LYNNE G. BENNETCH, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unworn falsification to authorities. WITNESS: 4 LE G. BENNETCH Dated: 203648 i 1 VERIFICATION I, DARRYL BENNETCH, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief I understand tht& this verification is made subject to the penalr�es of the Rules 6f Civil Procedure relating to unsworn falsification to authorities. WITNESS: DARRYL4ENNETCH Dated: 203648 i SHERIFF'S OFFICE OF CUMBERLAND COUNTY 0r m Ronny RAnderson J f� a'' n7 ,ra', Sheriff r i;t i yei�c� Cniiaher�x� X1`1 CMG Jody S Smith ` `-� ,3 ppA# ? Chief Deputy ;f v. Lfi'fr a Richard W Stewart PENNSYL'� a f�1tr Solicitor r Lynne G Bennetch (et al.) vs. Case Number Dennis Newman 2013-5069 SHERIFF'S RETURN OF SERVICE 08/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dennis Newman, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint& Notice according to law. 09/04/2013 11:48 AM-The requested Complaint& Notice returned by the Sheriff of York County, the within named Defendant Dennis Newman, not found. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. *NEW ADDRESS PER POST OFFICE IS 4559 STATE ROAD, ROUTE 209, ELIZABETHVILLE, PA 17023-8845*, which is located in Dauphin County. SHERIFF COST: $37.00 SO ANSWERS, September 13, 2013 RONI1 R ANDERSON, SHERIFF e )sc. ';.c SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff 4 Solicitor 4, I Reuben B Zeager ' Richard E Rice, II Chief Deputy, Operations - a1', Chief Deputy,Administration LYNNE G. BENNETCH (et al.) Case Number vs. DENNIS NEWMAN 13-5069 CIVIL SHERIFF'S RETURN OF SERVICE 09/04/2013 11:48 AM -DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: DENNIS NEWMAN AT 444 GRANITE QUARRY ROAD, NEW CUMBERLAND, PA 17070.THE DEFENDANT WAS FOUND TO HAVE MOVED. 09/11/2013 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: DENNIS NEWMAN, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT& NOTICE AS"NOT FOUND"AT 444 GRANITE QUARRY ROAD, NEW CUMBERLAND, PA 17070. PER POST OFFICE CHECK NEW ADDRESS IS 4559 STATE ROUTE 209, ELIZABETHVILLE, PA 17023-8445 SHERIFF COST: $42.06 SO . - RS, September 11, 2013 RICHARD P KEUERLEBER, SHERIFF COMMONWEALTH OF PENNSYIVANIL. Notariel Seal Lisa L.Thorpe, Notary Public City of York, York County NOTARY My Commission Expires Aug. 12-,`.2:7 MEMBER,PENNSYLVANIA ASSCQATION Ci!+ T RIBS Affirmed and subscribed to before me this 11TH day of SEPTEMBER , 2013 �/ Ag1 - •I ,c Count,Suite Sheriff.Teleosoft,Inc. IL ED T; F. 2813 SEp UIB 26 AN fl: 24 pEARsY ACo:A N1� ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-17.08 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) . E-mail:mkosik @angino-rovner.com LYNNE G. BENNETCH and IN THE COURT OF COMMON PLEAS DARRYL BENNETCH, Her Husband CUMBERLRAND COUNTY, PENNA. Plaintiffs CIVIL ACTION—LAW V. NO. 13-5069 DENNIS NEWMAN, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action. AN G ER, P.C. Ric adlock, Esquire PA I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiffs DATED: •t �� ON4 536215 /W7 � � gcDo�la ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith .ctr "t0.0 Chief Deputy i3 er,€ 7 AN P! Richard W Stewart Solicitor OPt,CF Cr dys' J I L,�S,1d PENNSYLVANiA Lynne G Bennetch (et al.) Case Number vs. Dennis Newman 2013-5069 SHERIFF'S RETURN OF SERVICE 09/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made dil. search and inquiry for the within named Defendant to wit: Dennis Newman, but was efendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint&Notice according to law. 10/10/2013 05:33 PM-The requested Complaint&Notice the Sheriff of D hin County upon Dennis Newman, personally, a ack R. Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, October 15, 2013 RONNY R ANDERSON, SHERIFF eZ,'hoNff TI so` •., coilitt c1 the c 1tc,f Shelley Ruhl y ii - Jack Duignan Real Estate Deputy �`y V',•?` tot. Chief Deputy �7�C�'' ► Michael W. Rinehart Matthew L. Owens +��.,..� - Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LYNNE G. BENNETCH AND DARRYL BENNETCH, HER HUSBAND VS County of Dauphin DENNIS NEWMAN Sheriffs Return No. 2013-T-2664 OTHER COUNTY NO. 2013-5069 And now: OCTOBER 10, 2013 at 5:33:00 PM served the within REINSTATED COMPLAINT & NOTICE upon DENNIS NEWMAN by personally handing to DENNIS NEWMAN 1 true attested copy of the original REINSTATED COMPLAINT &NOTICE and making known to him/her the contents thereof at 4559 STATE ROUTE 209 ELIZABETHVILLE PA 17023 Sworn and subscribed to So Answers, before me this 11TH day of October, 2013 Sheriff of D. .,•hin Co ' • By /'' - COMMONWEALTH OF PENNSYLVANIA D- .uty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $65.25 10/1/2013 My Commission Expires August 17,2014 P 1.. ( j �i j 'J �', 2 '}� Ali..- t�I-ttl3 !i'�NG 3 HOY! - ! j 1 CUMBERLAND COUNT." O: w PENNSYLVANIA ANGINO&ROVNER,P.C. Michael E. Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik@angino-rovner.com LYNNE G. BENNETCH and IN THE COURT OF COMMON PLEAS DARRYL BENNETCH, Her Husband CUMBERLRAND COUNTY, PENNA. Plaintiffs CIVIL ACTION—LAW v. NO. 13-5069 DENNIS NEWMAN, Defendant JURY TRIAL DEMANDED IMPORTANT NOTICE TO: Dennis Newman DATE OF NOTICE: 10/31/13 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR 539031 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ANG 0 :• 'OVNE , P.C. Richard A. •10''' • ire I.D. • No - - treet Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 539031 , ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX (717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik@angino-rovner.com angino-rovner.com LYNNE G. BENNETCH and IN THE COURT OF COMMON PLEAS DARRYL BENNETCH, Her Husband CUMBERLRAND COUNTY, PENNA. Plaintiffs CIVIL ACTION—LAW v. NO. 13-5069 DENNIS NEWMAN, Defendant JURY TRIAL DEMANDED NOTICIA IMPORTANTE TO: Dennis Newman DATE OF NOTICE: 10/31/13 USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO , ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSBILE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA . AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (717) 249-3166 ANGINO & R/, - .ai Ri -. d • . Sadloc. squire .I. No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 539031 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of IMPORTANT NOTICE upon all counsel of record via postage prepaid first class United States mail addressed as follows: VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Dennis Newman 4559 State Route 209 Elizabethville PA 17023-8445 Mr. Richard Crawshaw Claim Representative State Farm Insurance Company P.O. Box 106114 Atlanta, GA 30348-6114 Claim #: 38-1D11-823 -yam, Michelle M. iloje 'ch Date: /0/3 i�� 539031 3 NOV 12 Alin 11: j Q :',W. 3ERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNNE G. BENNETCH and DARRYL CIVIL DIVISION BENNETCH, her husband, Plaintiffs, NO. 13-5069 v. PRAECIPE FOR APPEARANCE DENNIS NEWMAN, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #20269 • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNNE G. BENNETCH and DARRYL CIVIL DIVISION BENNETCH, her husband, Plaintiffs, NO. 13-5069 v. (Jury Trial Demanded) DENNIS NEWMAN, Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Dennis Newman, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: /A .4/6/ I, evi 17. Rauch, Esquire ounsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 8th day of November, 2013. Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. I, By: LAW Ke 'nitre ch, Esquire Co nsel for Defendant FILED-OFFICE OF THE PROTHONOTAR 2313 DEC 1 6 A l i: 19 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNNE G. BENNETCH and DARRYL CIVIL DIVISION BENNETCH, her husband, Plaintiffs, NO. 13-5069 v. ANSWER AND NEW MATTER DENNIS NEWMAN, (Jury Trial Demanded) Defendant. TO: Plaintiffs Filed on Behalf of the Defendant You are hereby notified to file a written Counsel of Record for This Party: Response to the enclosed Answer and New Matter within twenty (20) days Kevin D. Rauch, Esquire From sere' e hereof or a judgment Pa. I.D. #83058 May be e ter-• a• st yo SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 u McD• nell, Hudock & Gu rie, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #20269 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNNE G. BENNETCH and DARRYL CIVIL DIVISION BENNETCH, her husband, Plaintiffs, NO. 13-5069 v. (Jury Trial Demanded) DENNIS NEWMAN, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Dennis Newman, by and through his counsel, Summers, McDonnell, Hudock & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Denied. The Defendant resides at 4559 State Route 209, Elizabethville, PA 17023 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that a collision occurred as the Defendant was exiting a Wendy's. The remainder of the allegations in paragraph 7 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his motor vehicle. The remainder of Paragraph 8 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I 9. In response to paragraph 9, the Defendant reiterates and repeats all his responses in paragraphs 1 through 8 as if fully set forth at length herein. 10. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Dennis Newman, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. COUNT II 17. In response to paragraph 17, the Defendant reiterates and repeats all his responses in paragraphs 1 through 16 as if fully set forth at length herein. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Dennis Newman, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 19. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 20. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 21. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. WHEREFORE, Defendant, Dennis Newman, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRI-, P.C. By: � /Lli even Dv. Ra ch, Esquire ounsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: [2-G I 3 vtil -/w/1- / Dennis Newman #20269 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 13th day of December, 2013. Richard Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: ‘• a Ca Kevi D. Rauch,Esquire Co sel for Defendant e • FILED-DF FiC; OF THE PROTHDNUTAR 2#I3 DEC 18 Pty 2: 1 I CUMBERLAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Richard A.Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail: rsadlock @angino-rovner.com LYNNE G. BENNETCH and IN THE COURT OF COMMON PLEAS DARRYL BENNETCH, Her Husband CUMBERLAND COUNTY, PENNA. Plaintiffs CIVIL ACTION—LAW v. NO. 13-5069 DENNIS NEWMAN, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S MEW MATTER AND NOW comes the Plaintiffs Lynne G. Bennetch and Darryl Bennetch,by and through their attorneys, Angino &Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 19. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there are no affirmative defenses, rights, privileges, and/or immunities available to the Defendant from the Pennsylvania Motor Vehicle Financial Responsibility Law. 542516 20. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiffs injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages 21. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent that the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff did sustain a serious injury as defined under the Pennsylvania Motor Vehicle Financial Responsibility Law. Further, Plaintiffs' policy provides for the full tort option. A copy of the declaration page applicable to Plaintiff is attached hereto as Exhibit A. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in his favor against the Defendant. ANG ' • , P.C. d A. S.• .c , Esquire 'Ad • ,e. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff 542516 COMMONWEALTH OF PENNSYLVANIA • : SS. COUNTY OF DAUPHIN AFFIDAVIT I, RICHARD A. SADLOCK, ESQUIRE, being duly sworn according to law, deposes and states that I am counsel for the Plaintiffs, that I am authorized to make this Affidavit on behalf of said Plaintiffs, and the facts set forth in the foregoing Reply to New Matter, are true and correct to the best of my knowledge, information, and belief. /� ' a% A. • ock Sworn to and subscribed V" before me this /1 day of j)ece_ , L , 2013. Notary Public My Commission Expires: 6/Z l Z 7 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gwen Baughman, Notary Public Susquehanna Twp., Dauphin County My Commission Expires June 12,2017 MEMaER.Pth 6'LVANSA ASS.X1ATION or wimps 542516 ter Principal Driver&Assigned Drivers Your premium may be influenced by the information shown For each automobile,the Principal Driver is the individual for these drivers. who most frequently drives it. '` Each driver is designated as an Assigned Driver on the household automobile that he or she most frequently drives. 0 COVERAGE AND LIMITS See your policy for an explanation of these coverages. - N Vehicle 2 Vehicle 4 A Liability Bodily Injury 250,000/500,000 $111.49 $156.02 Property Damage 100,000 Included Included Q Extraordinary Medical Payments 1,000,000 $11.04 $14.72 F Funeral Benefits 2,500 $0.42 $0.71 C2 Medical Payments 5,000 $11.07 $20.08 D Comprehensive $28.87 $34.77 G 250 Deductible Collision $53.86 $103.41 H Emergency Road Service $1.80 $1.80 R1 Car Rental&Travel Expense 80% Per Day, $500 Max $10.10 — Car Rental&Travel Expense 80% Per Day,$1,000 Max — $12.63 U Uninsured Motorist Bodily Injury 100,000/300,000 $7.38 $7.38 W Underinsured Motorist Bodily Injury 100,000/300,000 $62.44 $62.44 Y1 Death Indemnity $0.72 $0.96 Z1 Loss of Income 1,000/5,000 $2.24 $3.78 Premium by Vehicle $301.43 $418.70 Total Premium $720.13 WARNING... Any person who knowingly and with intent your request as enhancements to basic coverages. to injure or defraud any insurer files an application or The premium for basic liability coverage of claim containing any false, incomplete or misleading $15,000130,00015,000 is $177.04 and medical payments information shall, upon conviction,be subject to coverage of$5,000 is $31.15. imprisonment for up to seven years and payment of a Your premium has been adjusted on our make and model fine of up to$15,000. rating plan. If any coverage you carry is changed to give broader The laws of the Commonwealth of Pennsylvania,as protection with no additional premium charge,we will give enacted by the General Assembly,only require that you you the broader protection without issuing a new policy, purchase liability and first-party medical benefit starting on the date we adopt the broader protection. coverages. Any additional coverages or coverages in excess of the limits required by law are provided only at DISCOUNTS These adjustments have already been applied to your premium. Vehicle 2 Vehicle 4 Multiple Line ✓ ✓ Multicar ✓ ✓ Antitheft ✓ Vehicle Safety ✓ ✓ (continued on next page) Policy Number:017 9869-D10-38Q Page number 3 of 5 Prepared March 4,2013 013184 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin D. Rauch, Esquire Summers,McDonnell, Hudock, Guthrie & Skeel 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 Counsel for Defendant .!.' 4- 11 /o Michelle M. Milojevich Date: p,--/f p 3 542516 OTC 31 AH 1C. r iF 'aEE LrYgli L v a a PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNNE G. BENNETCH and DARRYL CIVIL DIVISION BENNETCH, her husband, Plaintiffs, NO. 13-5069 v. STIPULATION DENNIS NEWMAN, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #20269 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNNE G. BENNETCH and DARRYL CIVIL DIVISION BENNETCH, her husband, Plaintiffs, NO. 13-5069 v. (Jury Trial Demanded) DENNIS NEWMAN, Defendant. JOINT STIPULATION AND NOW, come the parties, by and through their attorneys and files the following Stipulation: The undersigned parties hereby Stipulate and Agree that the term "recklessness" is removed from Paragraph 8g is removed from the Complaint, without prejudice. SUMMERS, McDONNELL, HUDOCK &/,GUTHRIE, P.C. ANGINO & ROVNER, P.C. K. vin D. Ra ch, Esquire Ric sf •adlock, E - ire C•unsel for Defendant - • - - i CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing JOINT STIPULATION has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 30th day of December, 2013. Richard Sadlock, Esquire Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant Richard A. Sad lock, Esquire FREEBURN & HAMILTON, PC ID No, 47281 2040 Linglestown Road, Ste, 300 Harrisburg PA 17110 (717) 671-1955 rsadlock@freeburnlaw.com c: ■,],t '61 HE PO TIONO TARY MAR 27 PH f; (L C,UMBERL AND COLINfarneY for Plaintiffs PENNS Y LVA NIA LYNNE G. BENNETCH AND DARRYL BENNETCH, her husband, Plaintiffs v. DENNIS NEWMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-5069 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE Please withdraw the appearance of Angino & Rovner, PC, by Richard A. Sadlock, for Plaintiffs, Lynne G. Bennetch and Darryl Bennetch, in the above-captioned action. Respectfully submitted, ANGINO & ROVNER, PC ock, Esquire : 47281 49 Front Street Harrisburg, PA 17110 Please enter the appearance of Freeburn & Hamilton, PC, by Richard A. Sadlock, for Plaintiffs, Lynne G. Bennetch and Darryl Bennetch, in the above-captioned action. By: Date: 03/26/14 Respectfully submitted, FREEBURN & HA RichardSFock, Esquire Attorney ID: 47281 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of a Praecipe was duly served on the 26th day of March, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Seth T. Black, Esquire SUMMERS MCDONNELL HUDOCK & GUTHRIE 945 East Park Drive, Ste. 201 Harrisburg PA 17111 BY: Georgiann J. HesjAssistant to Richard A. Sadlock, Esquire Attorney ID. #47281 FREEBURN & HAMILTON, PC 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Dated: 03/26/14 Attorney for Plaintiffs Richard A. Sad lock, Esquire FREEBURN & HAMILTON, PC ID No. 47281 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 rsadiock@freeburnlaw.com ELI ED-OFFIC. 17 THE PRO THC?.10TAR'Y ?OR APR - 1 PM 1:25 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiffs LYNNE G. BENNETCH AND DARRYL BENNETCH, her husband, Plaintiffs v. DENNIS NEWMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-5069 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ADMINISTRATIVE APPLICATION FOR STATUS CONFERENCE AND NOW, come Plaintiffs, Lynne G. Bennetch and Darryl Bennetch, by their attorneys, Freeburn & Hamilton, PC, and file the following Administrative Application for Status Conference. 1. The instant action arises out of a June 9, 2012 motor vehicle accident. 2. Plaintiffs' Complaint was filed on August 27, 2013. 3. Defendant filed an Answer with New Matter on December 13, 2013. 4. Plaintiffs filed a Reply to New Matter on December 18, 2013. 5. A status conference is requested for the purpose of setting a discovery deadline; settlement discussions; and to discuss and shape the course of the action and to set reasonable deadlines and parameters following the discussion so as to avoid unnecessary delays and to set a trial date. 6. Plaintiffs are represented by Richard A. Sadlock, Esquire of Freeburn & Hamilton, PC, 2040 Linglestown Road, Ste. 300, Harrisburg PA 17110, (717) 671-1955. • 7. Defendant is represented by Seth T. Black, Esquire of Summers McDonnell, 945 East Park Drive, Ste. 201, Harrisburg PA 17111, (717) 901 -5916. 8. Attorney Black concurs with this request for a status conference. Respectfully Submitted, FREEBURN ILTON, PC , squire 1 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671 -1955 Dated: 03/31/14 Attorney for Plaintiffs 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of an Administrative Application for a Status Conference was duly served on the 31st day of March, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Seth T. Black, Esquire SUMMERS MCDONNELL HUDOCK & GUTHRIE 945 East Park Drive, Ste. 201 Harrisburg PA 17111 BY: Georgianne"J. Hess, jsistant to Richard A. Sadlock, Esquire Attorney I.D. #47281 FREEBURN & HAMILTON, PC 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671 -1955 Dated: 03/31/14 Attorney for Plaintiffs Richard A. Sad lock, Esquire FREEBURN & HAMILTON, PC ID No. 47281 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 rsadlock@freeburnlaw.com r. THE PROTHONO 211h APR 10 AM 61 43 CUMBERLAND COUNTY -PENNSYLVANIA Attorney for Plaintiffs LYNNE G. BENNETCH AND DARRYL BENNETCH, her husband, Plaintiffs v. DENNIS NEWMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-5069 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER AND NOW, to wit this 9tA) day of .47-2Lt,,i c90) Li, upon consideration of Plaintiffs' Administrative Application for Status Conference, said Application is hereby granted, and a Status Conference is scheduled on the h-di day of 2014, at /D • /5— a • tVL in Court Room 5 of the Cumberland County Courthouse, Carlisle, PA. C: J. chard A. Sadlock, 2040 Linglestown Road, Ste. 300, Harrisburg PA 17110 Seth T. Black, Esquire, 945 East Park Drive, Ste. 201, Harrisburg PA 17111 LYNNE G. BENNETCH AND IN THE COURT OF COMMON PLEAS OF DARRYL BENNETCH,her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DENNIS NEWMAN, Defendant NO. 13-5069 CIVIL TERM RE: STATUS CONFERENCE/JURY TRIAL ORDER OF COURT AND NOW, this llth day of June, 2014, this being the time and place set for a status conference, and the parties having come to an agreement as to certain deadlines in this case, it is hereby ordered as follows: 1. Discovery shall be completed on or before July 15th, 2014. 2. Plaintiff's expert report shall be due on or before August 15th, 2014. 3. Defendant's expert report shall be due on or before September 15th, 2014. 4. This case shall be listed for trial beginning Monday, October 27th, 2014, at 9:00 a.m. It is anticipated by the parties that this trial shall last approximately two to three days. By the Court, Chri tylee L. Peck, J. Lzi C rT1c r;i - rTh 3>C) C.a-r1 >C n) C17 < c. (Bennetch v. Newman, Docket 13-5069 Civil) 'chard A. Sadlock, Esquire 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 For the Plaintiffs Seth T. Black, Esquire 945 East Park Drive, Suite 201 Harrisburg, PA 17111 For the Defendant Joseph R. D'Annunzio, Esquire 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 ikacit_ Court Administrator — :vae 02.44"LE,L. legp72_ iy LEO- OFFICE CF THE' PROTHONOTARY 2[114AUG 25 Pti 3: 0 1 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNNE G. BENNETCH and DARRYL CIVIL DIVISION BENNETCH, her husband, Plaintiffs, NO. 13-5069 v. MOTION FOR CONTINUANCE DENNIS NEWMAN, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Seth T. Black, Esquire Pa. I.D. #203075 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201, Harrisburg, PA 17111 (717) 901-5916 #20269 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNNE G. BENNETCH and DARRYL BENNETCH, her husband, Plaintiffs, v. DENNIS NEWMAN, Defendant. CIVIL DIVISION NO. 13-5069 (Jury Trial Demanded) MOTION FOR CONTINUANCE AND NOW, comes the Defendant, Dennis Newman, by and through his counsel, Summers, McDonnell, Hudock & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion for Continuance and in support thereof avers the following: 1. This matter arises from a motor vehicle accident that occurred on June 9, 2012. 2. As a result of the accident, the Plaintiff has filed a Complaint sounding in negligence alleging personal injuries to her left wrist and hand. 3. A Status Conference in this matter was held on June 11, 2014 before the Honorable Christylee Peck and it was agreed this matter would be submitted for a jury trial during the October 29, 2014 Civil Trial Term. 4. Following the conference, the defense has retained Randall W. Culp, M.D., to evaluate the Plaintiff pursuant to Pennsylvania Rule of Civil Procedure 4010. That evaluation took place on July 29, 2014. 5. Dr. Culp has not issued his report as he has not had the opportunity to review the Plaintiffs diagnostic study taken by Dr. Dailey's office. 6. An authorization for the release of those films from Dr. Dailey's office, Orthopedic Institute of Pennsylvania, was provided by Plaintiff's counsel on July 7, 2014, eight days before the discovery deadline set at the Status Conference. 7 The authorization was promptly forwarded to Orthopedic Institute of Pennsylvania; however the diagnostic films have not been produced despite multiple follow-up requests. 8. In preparation for a potential trial, the Plaintiff has scheduled the video depositions of their experts. 9. The undersigned has reached out to Dr. Culp and has been informed that he will not be available to give deposition testimony until December. 10. Accordingly, the undersigned now presents this first Motion for Continuance. 11. Pennsylvania Rule of Civil Procedure 216(A)(3) provides that the inability to take testimony of a material witness is sufficient grounds for a continuance of trial. Pa.R.C.P. 216(A)(3). 12. According to Dr. Culp's office, he is currently scheduling depositions in December. 13. If his deposition is completed in December, this matter would presumably be ready for trial during the first term in 2015. 14. This continuance will likely delay trial less than ninety (90) days, with trial still taking place within the statute of limitations for the claim. 15. Concurrence was sought by counsel for the Plaintiff; however, the Plaintiff denied the same. 16. This continuance will not prejudice the Plaintiff and will likely aid in her case. 17. The Plaintiff is relying upon the expert opinion of Stephen W. Dailey, M.D. who has written three narrative reports to date. 18. The first is dated June 26, 2013 and states that the Plaintiff had a good response to her injection and would not need any future treatment after May 29, 2013. 19. That opinion was repeated in November of 2013; however, two weeks later the Plaintiff elected to have another surgery due to her alleged ongoing pain. 20. Dr. Dailey's last report was issued on May 13, 2014 and now relates all of her treatment to the subject accident. He also changed her prognosis to guarded because he had not been able to adequately relieve her pain. He then gave her a referral to another, presumably more specialized, doctor. 21. Should this motion be granted the Defendant requests that the deadlines for expert reports be extended to allow the parties to review the opinion of the Plaintiff's new treating physician as well. WHEREFORE, the Defendant, Dennis Newman, respectfully requests this Honorable Court enter the attached Order continuing the trial until the first available 2015 term. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRI , P.C. By: 4. 401r:eth T. B ack, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR CONTINUANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 21st day of August, 2014. Richard Sadlock, Esquire Freeburn & Hamilton 2040 Linglestown Road Suite 300 Harrisburg, PA, 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK B & GUTHR E, P.C. eth T. B ack, Esquire Counsel for Defendant 'F Richard A.Sadlock, Esquire FREEBORN&HAMILTON,PC E S,iv- 41"1 y ID No.47281 2040 Linglestown Road,Ste.300 Harrisburg PA 17110 (717)671-1955 Attorney for Plaintiffs rsadlock@freeburnlaw.com LYNNE G. BENNETCH AND IN THE COURT OF COMMON PLEAS DARRYL BENNETCH, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 13-5069 V. CIVIL ACTION - LAW DENNIS NEWMAN, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S MOTION FOR CONTINUANCE AND NOW, come Plaintiffs, Lynne G. Bennetch and Darryl Bennetch, by their attorneys, Freeburn & Hamilton, PC, and file the following Reply to Defendant's Motion for Continuance: 1-4. Admitted. 5. It is only admitted that, to date, Defendant has not produced a report from Dr. Culp. Defendant's expert report is due on or before September 15, 2014. 6. Admitted. 7. Denied. 8. Admitted. 9. Defendant made no effort to schedule Dr. Culp's deposition until mid to late August 2014. The examination was scheduled on or about June 11, 2014. The Defendant doctor would have been available for a deposition prior to October 29, 2014 if only Defendant's counsel made the effort to contact the doctor. 10. The instant motion has no merit. 11. Defendant has not established that he has met the burden of Rule 216(A)(3). Further, the witness is available to give testimony. Defendant merely has to subpoena the doctor to appear and testify. 12. Denied. See prior paragraphs herein. 13-14. Denied. Defendant's allegation has no basis in fact and does not consider Plaintiffs', Plaintiffs' counsel's or the Court's schedules for the remainder of 2014 or early 2015. 15. Admitted. 16. Denied. Plaintiffs are prejudiced by any delay. The instant accident occurred over two (2) years ago. It is now time for Plaintiffs to finally have their day in court. 17-20. Dr. Dailey's reports speak for themselves. 21. A subsequent treating physician is not subject to report deadlines. Records will be produced as discovery supplements. WHEREFORE, Plaintiffs respectfully request that this Honorable Court deny Defendant's Motion for Continuance. Respectfully Submitted, FREEBURN & HAMIL C By: Ric rd A. Sad l squire ID 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Dated: 08/27/14 Attorney for Plaintiffs 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs' Reply to Defendant's Motion for Continuance was duly served on the 27th day of August, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Seth T. Black, Esquire SUMMERS MCDONNELL HUDOCK & GUTHRIE 945 East Park Drive, Ste. 201 Harrisburg PA 17111 Joseph R. D'Annunzio, Esquire 4309 Linglestown Road, Ste. 211 Harrisburg PA 112 BY: Georgiann J. Hess, istant to E Richard A. Sadlock, quire Attorney I.D. #47281 FREEBURN & HAMILTON, PC 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Dated: 08/27/14 Attorney for Plaintiffs LYNN G. BENNETCH and DARRYL BENNETCH, her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW DENNIS NEWMAN, Defendant : NO. 13-5069 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 27th day of August, 2014, upon consideration of Defendant's Motion for Continuance, and over the objection of Plaintiffs, it is hereby ordered that: 1. Any additional expert reports from the Plaintiff shall be produced by September 30, 2014; 2. All expert reports from the Defendant shall be produced by October 31, 2014; and 3. The Motion for Continuance is granted and the parties are directed to appear for a pretrial conference on Wednesday, March 11, 2015, and for trial on Monday, March 23, 2015, at the Cumberland County Courthouse, Carlisle, Pennsylvania. There will be further notice from the Court Administrator's Office as to what courtroom to appear for the pretrial conference. BY THE COURT, Christ}blee L. Peck, J. ✓Richard Sadlock, Esq. 2040 Linglestown Road Suite 300 Harrisburg, PA 17110 Attorney for Plaintiff -Seth T. Black, Esq. 945 East Park Drive Suite 201 Harrisburg, PA 17111 Attorney for Defendant Court Administrator :rc ezrt'es fiLuArl._ 4/3//y LaLeci 21E_