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HomeMy WebLinkAbout13-6604 Supreme Cou o '` ennsylvania COUr £Comoro leas For Prothonotary Use Only: T C il'�v r S t I �Tf Docket No: S CU' B �< County The information collected on this form is used solely for- court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint n Writ of Summons El Petition E © Transfer from Another Jurisdiction El Declaration of Taking ' C Lead Plaintiff's Name: Lead Defendant's Name: T Kaylena Reed Bart Miller I Are money damages requested? 0 Yes 0 No Dollar Amount Requested: x within arbitration limits I 0 (check one) []outside arbitration limits N Is this a Class Action Suit? © Yes 0 No Is this an MDJAppeal? El Yes 0 No A Name of Plaintiff /Appellant's Attorney: Kari E. Mellinger, Esq. 0 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. i TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS © Intentional Ej Buyer Plaintiff Administrative Agencies © Malicious Prosecution M Debt Collection: Credit Card ® Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other Board of Elections Nuisance © Dept. of Transportation j S Premises Liability © Statutory Appeal: Other ® Product Liability (does not include i E mass tort) © Employment Dispute: Slander/Libel/ Defamation Discrimination ` C l Other: 0 Employment Dispute: Other [3 Zoning Board I T Personal Injury/Negligence El Other: I ' ® Other: O MASS TORT © Asbestos N 0 Tobacco n Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Ejectment E � ® Other: ® El Common Law /Statutory Arbitration I B Eminent Domain /Condemnation [3 Declaratory Judgment rI Ground Rent [:] Mandamus 0 Landlord/Tenant Dispute E] Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto ] [3 Dental ® Partition 0 Replevin t ® Legal 0 Quiet Title 0 Other: ® Medical Other: f 4 ® Other Professional: Updated 1/1/2011 FI" E iJ-rJ FICA UF TAE 1- RCT;;OnOT�jf# , r - 1'i ' -� i PH 3: CEO R. J. MARZELLA & ASSOCIATE3117 -4Z RCA14D C0UPgTY BY: KARI E. MELLINGER, ESQUIRE P B I S Y LV.IA M A PA SUPREME COURT I .D. No. 316046 3513 NORTH FRONT STREET ATTORNEYS FOR PLAINTIFF HARRISBURG, PA 17110 -1438 TELEPHONE: (717) 234 -7828 FACSIMILE (717) 234 -6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED, a minor, by and through her parents, STEPHEN REED, Individually AND DENNISE REED, Individually vs. DOCKET NUMBER: BART MILLER 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 a 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. 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, 32 S. Bedford Street, Carlisle, Pennsylvania Telephone number: 717- 249 -3166 Respectfully Submitted, R. J. MARZELLA & ASSOCIATES, P.C. BY: "A C ' We � z � ��- KARI E. MELLINGER, ESQUIRE ID No. 316046 DATED: �� � � -� R. J. MARZELLA & ASSOCIATES, P.C. BY: KARI E. MELLINGER, ESQUIRE PA SUPREME COURT I.D. No. 316046 3513 NORTH FRONT STREET ATTORNEYS FOR PLAINTIFF HARRISBURG, PA 17110 -1438 TELEPHONE: (717) 234 -7828 FACSIMILE: (717) 234 -6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED, a minor, by and through her parents, STEPHEN REED, Individually AND DENNISE REED, Individually vs. DOCKET NUMBER: BART MILLER COMPLAINT AND NOW, come the Plaintiffs, Stephen Reed and Dennise Reed, the parents and natural guardians of minor Plaintiff, Kaylena Reed, by and through their attorneys, R.J. Marzella & Associates, and file the following Complaint in Civil Action against the above named defendant and in support thereof aver the following: THE PARTIES 1. Plaintiffs Stephen Reed and Dennise Reed are adult individuals and the parents and natural guardians of minor Plaintiff, Kaylena Reed, and at all relevant times hereto resided in Enola, Cumberland County, Pennsylvania. 2. At all relevant times hereto, Defendant Bart Miller was an adult individual and resided in Mechanicsburg, Cumberland County, Pennsylvania. FACTUAL HISTORY 3. On August 31, 2012, Defendant Miller drove Plaintiff Kaylena Reed, along with several other children, home from a local football game in his vehicle. 4. At the time of this incident, Kaylena Reed was eleven years old. 5. The vehicle was packed with Defendant Miller's luggage which was covering the walkways on the floor of the vehicle between and along side of the seats. 6. Furthermore, there were more children passengers than there were seat belts in the vehicle. 7. When Defendant Miller arrived at Kaylena's friend's house where she was being dropped off, Kaylena attempted to exit the vehicle. 8. Due to the presence of Defendant Miller's luggage in the walkways of the vehicle, Kaylena was unable to get from her seat to the door. 9. Kaylena climbed over the seat in front of her in order to exit. 10. In the process of climbing over the seat, she fell forward and put her arm out to stop her fall. 11. Her right forearm and wrist were injured as a result of these events. 12. Despite her injuries, Defendant Miller left Kaylena at her friend's house, forcing Kaylena, who was visibly upset and in pain, to walk one block to her own home. 13. When Kaylena arrived at her home, Plaintiffs Stephen and Dennise Reed sought treatment for her immediately. 14. Kaylena was taken by her parents to Holy Spirit Hospital's emergency department at approximately 11:00 pm that same evening. 15. Kaylena was suffering from pain and discomfort in her right wrist and arm. 16. An x -ray of her right forearm was ordered. 17. The x -ray revealed an ulnar styloid fracture, as well as a buckle fracture of the distal radial metaphysic. 18. Kaylena was prescribed pain medication and a splint. 19. She was instructed to follow up at the Penn State Hershey Bone and Joint Institute (hereinafter Bone and Joint Institute). 20. On September 4, 2012, Kaylena presented to the Bone and Joint Institute. 21. She was treated by Douglas Armstrong, M.D. who found tenderness at the sight of the fractures and limited range of motion, secondary to pain. 22. Dr. Armstrong molded an elbow cast for Kaylena which she was to keep on for three weeks. 23. Kaylena returned to the Bone and Joint Institute on September 24, 2012, and her cast was removed. 24. An x -ray showed that the fractures were healing as expected. 25. Kaylena was restricted from gym class and sporting activities for one further week. 26. Kaylena returned to the Bone and Joint Institute on October 26, 2012 to address on -going discomfort in her right wrist. 27. Dr. Armstrong extended her activities restriction to November 5, 2012 and gave her a splint to wear for that time period. 28. As an adult, Defendant Miller owed a duty of care to the children in his vehicle, including Kaylena Reed. 29. Defendant Miller's duty to Kaylena Reed while she was in his care included providing a safe environment inside his vehicle while she was a passenger. 30. Defendant Miller breached his duty to Kaylena Reed when he failed to ensure that the interior of his vehicle, including the walkways and access to the exit, were clear of obstacles and other hazards. 31. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed suffered multiple fractures to her right arm and wrist, for all of which damages are claimed. 32. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed was unable to participate in physical education class and other sporting activities for a significant period of time, for all of which damages are claimed. 33. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed sustained medical expenses, for all of which damages are claimed. 34. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed has experienced extreme pain and suffering, embarrassment, humiliation, disfigurement, scarring, inconvenience and loss of enjoyment of life's pleasures and may continue to suffer such losses in the future, for all of which damages are claimed. COUNT I — NEGLIGENCE Kaylena Reed, a minor V. Bart Miller 35. The averments of paragraphs 1 through 34 are incorporated herein by reference as if set forth at length. 36. Defendant Miller is responsible as a matter of law for his negligent acts and omissions which give rise to this claim. 37. Defendant Miller is liable to the Plaintiffs for the injuries and damages alleged herein which were directly and proximately caused by his negligence with respect to Kaylena Reed by: a. offering to and/or transporting children in his vehicle at a time when he knew or should have known it was unsafe to do so; b. failing to ensure the interior of his vehicle was safe for children passengers; c. overloading the vehicle and its exit ways with luggage making it unsafe for the passengers; d. transporting more passengers than safely permitted in the vehicle; e. failing to keep the aisles of his vehicle clear of hazards and obstacles; f. failing to clear the aisles of his vehicle prior to Kaylena Reed exiting the vehicle; g. failing to assist Kaylena Reed in safely exiting the vehicle; h. failing to take Kaylena Reed directly home to her parents after she suffered injuries; i. failing to seek immediate medical treatment for Kaylena Reed after she suffered injuries. 38. The negligence of Defendant Miller was a substantial factor in causing, and was the direct and proximate cause of the injuries, losses and expenses sustained by Kaylena Reed, as alleged in the above paragraphs, and for which all damages are claimed. WHEREFORE, Plaintiffs Kaylena Reed, a minor, Stephen Reed, and Dennise Reed, demand judgment against Defendant Miller for compensatory damages in an amount less than Fifty Thousand Dollars ($50,000). COUNT II — NEGLIGENCE Stephen Reed and Dennise Reed V. Bart Miller 39. The averments of paragraphs 1 through 38 are incorporated herein by reference as if set forth at length. 40. Defendant Miller is responsible as a matter of law for his negligent acts and omissions which give rise to this claim. 41. Defendant Miller is liable to the Plaintiffs for the injuries and damages alleged herein which were directly and proximately caused by his negligence with respect to Kaylena Reed by: a. offering to and/or transporting children in his vehicle at a time when he knew or should have known it was unsafe to do so; b. failing to ensure the interior of his vehicle was safe for children passengers; c. overloading the vehicle and its exit ways with luggage making it unsafe for the passengers; d. transporting more passengers than safely permitted in the vehicle; e. failing to keep the aisles of his vehicle clear of hazards and obstacles; f. failing to clear the aisles of his vehicle prior to Kaylena Reed exiting the vehicle; g. failing to assist Kaylena Reed in safely exiting the vehicle; h. failing to take Kaylena Reed directly home to her parents after she suffered injuries; i. failing to seek immediate medical treatment for Kaylena Reed after she suffered injuries. WHEREFORE, Plaintiffs Kaylena Reed, a minor, Stephen Reed, and Dennise Reed, demand judgment against Defendant Miller for compensatory damages in an amount less than Fifty Thousand Dollars ($50,000). Respectfully Submitted, R. J. MARZELLA & ASSOCIATES, P.C. BY: �e� �° KARI E. MELLINGER, ESQUIRE ID No. 316046 DATED: 11 1 VERIFICATION We, Stephen and Dennise Reed, do hereby swear and affirm that the facts and matters set forth in the foregoing Complaint are true and correct to the best of our knowledge, information, and belief. We understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. 10.1 03 Dated Stephen Reed Dated Dennise Reed t j'r' "S✓ /At"; 2°14 JAN 13 FrNN 2: 31 Gfm 0 COUNT y R.J.MARZELLA&ASSOC •�r•n.,, BY: KARI E.MELLINGER,ESQUIRE LVANI4 PA SUPREME COURT I.D.No.316046 3513 NORTH FRONT STREET ATTORNEYS FOR PLAINTIFF HARRISBURG,PA 17110-1438 TELEPHONE: (717)234-7828 FACSIMILE: (717)234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED,a minor, by and through : her parents, STEPHEN REED AND : DOCKET NUMBER: 13-6604-CIVIL DENNISE REED • • Plaintiff • VS. BART MILLER • JURY TRIAL DEMANDED Defendant • AMENDED COMPLAINT AND NOW, comes the Plaintiff, Kaylena Reed, a minor child of Stephen Reed and Dennise Reed, her parents and natural guardians,by and through their attorneys, R.J. Marzella&Associates, and file the following Complaint in Civil Action against the above named defendant and in support thereof aver the following: THE PARTIES 1. Stephen Reed and Dennise Reed are adult individuals and the parents and natural guardians of minor Plaintiff, Kaylena Reed, and at all relevant times hereto resided in Enola, Cumberland County, Pennsylvania. 2. At all relevant times hereto, Defendant Bart Miller was an adult individual and resided in Mechanicsburg, Cumberland County, Pennsylvania. FACTUAL HISTORY 3. On August 31, 2012, Defendant Miller drove Plaintiff Kaylena Reed, along with several other children, home from a local football game in his vehicle. 4. At the time of this incident, Kaylena Reed was eleven years old. 5. The vehicle was packed with Defendant Miller's luggage which was covering the walkways on the floor of the vehicle between and along side of the seats. 6. Furthermore,there were more children passengers than there were seat belts in the vehicle. 7. When Defendant Miller arrived at Kaylena's friend's house where she was being dropped off, Kaylena attempted to exit the vehicle. 8. Due to the presence of Defendant Miller's luggage in the walkways of the vehicle, Kaylena was unable to get from her seat to the door. 9. Kaylena climbed over the seat in front of her in order to exit. 10. In the process of climbing over the seat, she fell forward and put her arm out to stop her fall. 11. Her right forearm and wrist were injured as a result of these events. 12. Despite her injuries, Defendant Miller left Kaylena at her friend's house, forcing Kaylena, who was visibly upset and in pain, to walk one block to her own home. 13. When Kaylena arrived at her home, Plaintiffs Stephen and Dennise Reed sought treatment for her immediately. 14. Kaylena was taken by her parents to Holy Spirit Hospital's emergency department at approximately 11:00 pm that same evening. 15. Kaylena was suffering from pain and discomfort in her right wrist and arm. 16. An x-ray of her right forearm was ordered. 17. The x-ray revealed an ulnar styloid fracture, as well as a buckle fracture of the distal radial metaphysic. 18. Kaylena was prescribed pain medication and a splint. 19. She was instructed to follow up at the Penn State Hershey Bone and Joint Institute (hereinafter Bone and Joint Institute). 20. On September 4, 2012, Kaylena presented to the Bone and Joint Institute. 21. She was treated by Douglas Armstrong, M.D. who found tenderness at the sight of the fractures and limited range of motion, secondary to pain. 22. Dr. Aiuistrong molded an elbow cast for Kaylena which she was to keep on for three weeks. 23. Kaylena returned to the Bone and Joint Institute on September 24, 2012, and her cast was removed. 24. An x-ray showed that the fractures were healing as expected. 25. Kaylena was restricted from gym class and sporting activities for one further week. 26. Kaylena returned to the Bone and Joint Institute on October 26, 2012 to address on-going discomfort in her right wrist. 27. Dr. Armstrong extended her activities restriction to November 5, 2012 and gave her a splint to wear for that time period. 28. As an adult, Defendant Miller owed a duty of care to the children in his vehicle, including Kaylena Reed. 29. Defendant Miller's duty to Kaylena Reed while she was in his care included providing a safe environment inside his vehicle while she was a passenger. 30. Defendant Miller breached his duty to Kaylena Reed when he failed to ensure that the interior of his vehicle, including the walkways and access to the exit, were clear of obstacles and other hazards. 31. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed suffered multiple fractures to her right arm and wrist, for all of which damages are claimed. 32. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed was unable to participate in physical education class and other sporting activities for a significant period of time, for all of which damages are claimed. 33. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed sustained medical expenses, for all of which damages are claimed. 34. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed has experienced extreme pain and suffering, embarrassment, humiliation, disfigurement, scarring, inconvenience and loss of enjoyment of life's pleasures and may continue to suffer such losses in the future, for all of which damages are claimed. COUNT I—NEGLIGENCE Kaylena Reed, a minor v. Bart Miller 35. The averments of paragraphs 1 through 34 are incorporated herein by reference as if set forth at length. 36. Defendant Miller is responsible as a matter of law for his negligent acts and omissions which give rise to this claim. 37. Defendant Miller is liable to the Plaintiffs for the injuries and damages alleged herein which were directly and proximately caused by his negligence with respect to Kaylena Reed by: a. offering to and/or transporting children in his vehicle at a time when he knew or should have known it was unsafe to do so; b. failing to ensure the interior of his vehicle was safe for children passengers; c. overloading the vehicle and its exit ways with luggage making it unsafe for the passengers; d. transporting more passengers than safely permitted in the vehicle; e. failing to keep the aisles of his vehicle clear of hazards and obstacles; f. failing to clear the aisles of his vehicle prior to Kaylena Reed exiting the vehicle; g. failing to assist Kaylena Reed in safely exiting the vehicle; h. failing to take Kaylena Reed directly home to her parents after she suffered injuries; i. failing to seek immediate medical treatment for Kaylena Reed after she suffered injuries. 38. The negligence of Defendant Miller was a substantial factor in causing, and was the direct and proximate cause of the injuries, losses and expenses sustained by Kaylena Reed, as alleged in the above paragraphs, and for which all damages are claimed. WHEREFORE, Plaintiffs Kaylena Reed, a minor, by and through her parents and natural guardians, Stephen Reed and Dennise Reed, demands judgment against Defendant Miller for compensatory damages in an amount less than Fifty Thousand Dollars ($50,000). Respectfully Submitted, R.J.MARZELLA&ASSOCIATES,P.C. By: 6-(Th_ � KARI E. MELLINGER,ESQUIRE ID No. 316046 DATED: I j`'� COP y R.J.MARZELLA&ASSOCIATES,P.C. BY: KARI E.MELLINGER,ESQUIRE PA SUPREME COURT I.D.No.316046 3513 NORTH FRONT STREET ATTORNEYS FOR PLAINTIFF HARRISBURG,PA 17110-1438 TELEPHONE: (717)234-7828 FACSIMILE: (717)234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED,a minor, by and through : her parents, STEPHEN REED AND : DOCKET NUMBER: 13-6604-CIVIL DENNISE REED • • Plaintiff • vs. • BART MILLER • JURY TRIAL DEMANDED • Defendant • AMENDED COMPLAINT AND NOW, comes the Plaintiff, Kaylena Reed, a minor child of Stephen Reed and Dennise Reed, her parents and natural guardians, by and through their attorneys, R.J. Marzella&Associates, and file the following Complaint in Civil Action against the above named defendant and in support thereof aver the following: THE PARTIES 1. Stephen Reed and Dennise Reed are adult individuals and the parents and natural guardians of minor Plaintiff', Kaylena Reed, and at all relevant times hereto resided in Enola, Cumberland County, Pennsylvania. 2. At all relevant times hereto, Defendant Bart Miller was an adult individual and resided in Mechanicsburg, Cumberland County, Pennsylvania. FACTUAL HISTORY 3. On August 31, 2012, Defendant Miller drove Plaintiff Kaylena Reed, along with several other children, home from a local football game in his vehicle. 4. At the time of this incident, Kaylena Reed was eleven years old. 5. The vehicle was packed with Defendant Miller's luggage which was covering the walkways on the floor of the vehicle between and along side of the seats. 6. Furthermore, there were more children passengers than there were seat belts in the vehicle. 7. When Defendant Miller arrived at Kaylena's friend's house where she was being dropped off, Kaylena attempted to exit the vehicle. 8. Due to the presence of Defendant Miller's luggage in the walkways of the vehicle, Kaylena was unable to get from her seat to the door. 9. Kaylena climbed over the seat in front of her in order to exit. 10. In the process of climbing over the seat, she fell forward and put her arm out to stop her fall. 11. Her right forearm and wrist were injured as a result of these events. 12. Despite her injuries, Defendant Miller left Kaylena at her friend's house, forcing Kaylena, who was visibly upset and in pain, to walk one block to her own home. 13. When Kaylena arrived at her home, Plaintiffs Stephen and Dennise Reed sought treatment for her immediately. 14. Kaylena was taken by her parents to Holy Spirit Hospital's emergency department at approximately 11:00 pm that same evening. 15. Kaylena was suffering from pain and discomfort in her right wrist and arm. 16. An x-ray of her right forearm was ordered. 17. The x-ray revealed an ulnar styloid fracture, as well as a buckle fracture of the distal radial metaphysic. 18. Kaylena was prescribed pain medication and a splint. 19. She was instructed to follow up at the Penn State Hershey Bone and Joint Institute (hereinafter Bone and Joint Institute). 20. On September 4, 2012, Kaylena presented to the Bone and Joint Institute. 21. She was treated by Douglas Armstrong, M.D. who found tenderness at the sight of the fractures and limited range of motion, secondary to pain. 22. Dr. Armstrong molded an elbow cast for Kaylena which she was to keep on for three weeks. 23. Kaylena returned to the Bone and Joint Institute on September 24, 2012, and her cast was removed. 24. An x-ray showed that the fractures were healing as expected. 25. Kaylena was restricted from gym class and sporting activities for one further week. 26. Kaylena returned to the Bone and Joint Institute on October 26, 2012 to address on-going discomfort in her right wrist. 27. Dr. Armstrong extended her activities restriction to November 5, 2012 and gave her a splint to wear for that time period. 28. As an adult, Defendant Miller owed a duty of care to the children in his vehicle, including Kaylena Reed. 29. Defendant Miller's duty to Kaylena Reed while she was in his care included providing a safe environment inside his vehicle while she was a passenger. 30. Defendant Miller breached his duty to Kaylena Reed when he failed to ensure that the interior of his vehicle, including the walkways and access to the exit, were clear of obstacles and other hazards. 31. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed suffered multiple fractures to her right arm and wrist, for all of which damages are claimed. 32. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed was unable to participate in physical education class and other sporting activities for a significant period of time, for all of which damages are claimed. 33. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed sustained medical expenses, for all of which damages are claimed. 34. As a direct and proximate result of Defendant Miller's negligence, Kaylena Reed has experienced extreme pain and suffering, embarrassment, humiliation, disfigurement, scarring, inconvenience and loss of enjoyment of life's pleasures and may continue to suffer such losses in the future, for all of which damages are claimed. COUNT I—NEGLIGENCE Kaylena Reed, a minor v. Bart Miller 35. The averments of paragraphs 1 through 34 are incorporated herein by reference as if set forth at length. 36. Defendant Miller is responsible as a matter of law for his negligent acts and omissions which give rise to this claim. 37. Defendant Miller is liable to the Plaintiffs for the injuries and damages alleged herein which were directly and proximately caused by his negligence with respect to Kaylena Reed by: a. offering to and/or transporting children in his vehicle at a time when he knew or should have known it was unsafe to do so; b. failing to ensure the interior of his vehicle was safe for children passengers; c. overloading the vehicle and its exit ways with luggage making it unsafe for the passengers; d. transporting more passengers than safely permitted in the vehicle; e. failing to keep the aisles of his vehicle clear of hazards and obstacles; f. failing to clear the aisles of his vehicle prior to Kaylena Reed exiting the vehicle; g. failing to assist Kaylena Reed in safely exiting the vehicle; h. failing to take Kaylena Reed directly home to her parents after she suffered injuries; i. failing to seek immediate medical treatment for Kaylena Reed after she suffered injuries. 38. The negligence of Defendant Miller was a substantial factor in causing, and was the direct and proximate cause of the injuries, losses and expenses sustained by Kaylena Reed, as alleged in the above paragraphs, and for which all damages are claimed. WHEREFORE, Plaintiffs Kaylona Reed, a minor, by and through her parents and natural guardians, Stephen Reed and Dennise Reed, demands judgment against Defendant Miller for compensatory damages in an amount less than Fifty Thousand Dollars ($50,000). Respectfully Submitted, R.J.MARZELLA&ASSOCIATES,P.C. BY: VIA) CC- ;-- ' �� 1��7 KARI E.MELLINGER,ESQUIRE ID No. 316046 DATED: 1 4 • y R.J.MARZELLA&ASSOCIATES,P.C. N BL-r, BY: KARI E.MELLINGER,ESQUIRE KLANn PA SUPREME COURT I.D.NO.316046 p N SY(,VA i7/ �T 3513 NORTH FRONT STREET ATTORNEYS FOR PLAINTIFF HARRISBURG,PA 17110-1438 TELEPHONE: (717)234-7828 FACSIMILE: (717)234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED,a minor, by and through : her parents, STEPHEN REED, Individually AND DENNISE REED, • Individually VS. DOCKET NUMBER: /3-46oV-C.;.. • r,/a.4y 4 s/ 17-�.n•+.•wty BART MILLER • • ACCEPTANCE OF SERVICE I accept service of the Amended Complaint on behalf of Bart Miller, and I certify that I am authorized to do so. s.e. 23, 24 Date Craig ck, Esq. authorize. .tent) 30 ►-• hird Street Su 150 Harrisburg, PA 17101 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED,a minor, by and through : her parents, STEPHEN REED AND : DOCKET NUMBER: 13-6604 CIVIL DENNISE REED, • • • Plaintiff • V. • CIVIL ACTION • • BART MILLER • Defendant • JURY TRIAL DEMANDED C 3 r.s ; v NOTICE TO PLEAD r ry J:Tr 1 ` To: Kaylena Reed, a minor, by and through Her parents, Stephen Reed and Dennis Reed, Plaintiff c/o Keri Mellinger, Esquire --i r=> RJ Marzella and Associates 3513 North Front Street Harrisburg, PA. 17110 You are hereby notified to plead to the enclosed New Matter within 20 days from service hereof. ANSWER AND NEW MATTER OF DEFENDANT, BART MILLER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, this r3 4.1 day of , 2014 comes the Defendant, Bart Miller, by and through his counsel, / Chartwell Law Offices, LLP and files the following Answer and New Matter to Plaintiff's Amended Complaint: ORIGIN L 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation Defendant has insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 4 of Plaintiff's Amended Complaint. 5. Admitted in part. Denied in part. It is admitted only that the vehicle driven by Defendant had luggage contained within it. However, it is denied that the luggage covered the walkways of the floor of the vehicle and/or was situated between and along the sides of the seats. To the contrary, the luggage was situated in such a position so as to allow ingress and egress from the vehicle in accordance with the directions that Defendant provided to the Plaintiff. 6. Denied. To the contrary, an adequate number of seat belts were in the vehicle to accommodate all of the passengers of the vehicle on the date and time of the incident. 7. Admitted. 8. Denied. To the contrary, Defendant advised Plaintiff, Kaylena Reed, to exit the vehicle via the rear lift gate in accordance with the instructions that she was given when she entered the vehicle. Despite the directions given by Defendant to minor Plaintiff, minor Plaintiff nevertheless attempted to hurdle a seat in the vehicle in order to exit the vehicle through the front passenger door area. 9. Admitted in part. Denied in part. It is admitted only that minor Plaintiff attempted to climb over the seat in front of her in order to exit the vehicle. The averments in Paragraph 8 are the foregoing answer and are incorporated by reference herein in further answer to Paragraph 9 of Plaintiff's Amended Complaint. 10. Admitted. 11. Denied. After reasonable investigation Answering Defendant's have insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 11 of Plaintiff's Amended Complaint. By way of other answer, after Plaintiff fell forward within the vehicle Plaintiff was asked whether or not she was injured and denied that she was injured at the time. 12. Denied as stated. It is denied that Defendant Miller "left Kaylena at her friend's house, forcing Kaylena, who was visibly upset and in pain, to walk one block to her own home." To the contrary, Defendant Miller repeatedly asked minor Plaintiff Kaylena Reed whether or not she was injured and Plaintiff consistently denied that she had sustained any injuries. Minor Plaintiff insisted on being left out at her friends house and voluntarily walked to her own home which was simply across the yard and then across the roadway to the entrance of her home. 13.—27. Denied. After reasonable investigation Answering Defendant has insufficient knowledge and information to form a belief as to the truth of the averments in Paragraphs 13 -27 of Plaintiff's Amended Complaint. 28. The averments of Paragraph 28 of Plaintiff's Amended Complaint constitute a conclusion of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute a conclusion of law, same are denied. 29. The averments of Paragraph 29 of Plaintiffs Amended Complaint constitute a conclusion of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute a conclusion of law, same are denied in accordance with Pa.R.C.P. 1029(e). • 30. The averments of Paragraph 30 of Plaintiff's Amended Complaint constitute a conclusion of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute a conclusion of law, same are denied in accordance with Pa.R.C.P. 1029(e). 31. The averments of Paragraph 31 of Plaintiff's Amended Complaint constitute a conclusion of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute a conclusion of law, same are denied in accordance with Pa.R.C.P. 1029(e). 32. The averments of Paragraph 32 of Plaintiff's Amended Complaint constitute a conclusion of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute a Conclusion of Law, same are denied in accordance with Pa.R.C.P. 1029(e). 33. The averments of Paragraph 33 of Plaintiff's Amended Complaint constitute a conclusion of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute a conclusion of law, same are denied in accordance with Pa.R.C.P. 1029(e). 34. The averments of Paragraph 34 of Plaintiff's Amended Complaint constitute a conclusion of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute a conclusion of law, same are denied in accordance with Pa.R.C.P. 1029(e). COUNT I NEGLIGENCE KAYLENA REED, A MINOR v. BART MILLER 35. The averments of Paragraphs 1 through 34 of the foregoing Answer are incorporated herein by reference as if set forth more fully herein. 36. The averments in Paragraph 36 of Plaintiff's Amended Complaint constitute a conclusion of law to which no responsive pleading is required. To the extent that the averments in Paragraph 36 are factually specific and do not constitute a conclusion of law, same are denied in accordance with Pa.R.C.P. 1029(e). 37. The averments in Paragraph 37 of Plaintiffs Amended Complaint constitute a conclusion of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute a conclusion of law, same are denied in accordance with Pa. R.C.P. 1029(e), including all subparagraphs contained therein. By way of other response, it is hereby denied that Defendant Miller was in any way negligent or responsible for any injury sustained by minor Plaintiff, Kaylena Reed, which injuries are specifically denied. 38. The averments of Paragraph 38 of Plaintiffs Amended Complaint constitute Conclusions of Law to which no responsive pleading is required. To the extent that said averments are factually specific and do not constitute Conclusions of Law, same are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Bart Miller, hereby requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice and grant such other and further relief as the Court deems just in favor of Defendant. NEW MATTER 39. Paragraphs 1 through 38 of Defendant's Answer are incorporated herein, as if set forth at length. 40. To the extent that facts developed during the course of discovery may implicate, Plaintiff's claims are barred, in whole or in part, by the provisions of Pennsylvania Motor Vehicle Responsibility Law. 41. To the extent that facts developed during the course of discovery may implicate, Plaintiffs injuries and losses, if any, were caused by persons or events outside the control of the Defendant. 42. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred by the doctrine of laches and unclean hands from the relief requested. 43. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 P.C.S.A. § 4102. 44. Plaintiff, Kaylena Reed, a minor, was contributorily negligent and/or assumed the risk of injury. 45. The negligent acts and/or omissions of other individuals or entities constitutes an intervening or superseding cause of the injuries alleged to have been sustained by the Plaintiff. 46. Plaintiffs alleged injuries were caused by the acts and/or omissions of a person or persons other than Defendant. 47. To the extent that facts developed during the course of discovery may implicate, Plaintiff may have already entered into a Release with other individuals or entities which has the effect of discharging any liability of the Defendant. 48. Plaintiffs injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiff is therefore barred from any recovery of non-economic losses. 49. Plaintiff's claims are barred by the applicable Statute of Limitations. WHEREFORE, Defendant, Bart Miller, hereby requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice and grant such other and further relief as the Court deems just in favor of Defendant. Respectfully submitted, THE CHARTWELL LAW OFFICES, LLP By: / B. C - g Black, Esquire BCB/smb VERIFICATION I, Bart Miller, hereby verify that the statements set forth in the foregoing Answer and New Matter of Defendant, Bart Miller, To Plaintiff's Amended Complaint are true and correct to the best of my knowledge, information and belief. l understand that false statements made by me are subject to the penalties of 18 PAC.S.A. Section 4904, regarding falsification to authorities. By: ATf Date: / CERTIFICATE OF SERVICE I HEREBY CERTIFY that pursuant to Pa.R.C.P. 440 that a true and correct copy of the foregoing Answer and New matter of Defendant, Bart Miller, has been served upon the following individual(s), by U.S. Mail this /3" day of January, 2014 to: Kari E. Mellinger, Esquire R.J. Marzella& Associates, P.C. 3513 North Front Street Harrisburg, PA 17110-1438 CHARTWELL LAW OFFICES, LLP B. CRAI LACK, ESQUI' Bar Ni!,818 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 Telephone: (717) 909-5170 Facsimile: (717) 909-5173 Date: i3 , 2014 T JAN R.J.MARZELLA&ASSOCIATES,P.C. T'1 jtl8ERLAN. BY: KARI E.MELLINGER,ESQUIRE PEKES Y�,VA N1'4 3 °r' PA SUPREME COURT I.D.N0.316046 3513 NORTH FRONT STREET ATTORNEYS FOR PLAINTIFF HARRISBURG,PA 17110-1438 TELEPHONE: (717)234-7828 FACSIMILE: (717)234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED,a minor, by and through her parents, STEPHEN REED, Individually AND DENNISE REED, Individually vs. DOCKET NUMBER: 13-6604 CIVIL BART MILLER PLAINTIFF'S RESPONSE TO NEW MATTER OF DEFENDANT BART MILLER 39. No Response is required regarding this Paragraph. 40. Denied. This paragraph states a conclusion of law to which no response is required. To the extent that a response may be required, it is specifically denied that Plaintiff's claims are barred, in whole or in part, by the provisions of Pennsylvania Motor Vehicle Responsibility Law. 41. Denied. It is specifically denied that Plaintiff's injuries and losses, if any, were caused by persons or events outside the control of the Defendant. 42. Denied. This paragraph states a conclusion of law to which no response is required. To the extent that a response may be required, it is specifically denied that Plaintiff is barred by the doctrine of laches and unclean hands from the relief requested. 43. Denied. This paragraph states a conclusion of law to which no response is required. To the extent that a response may be required, it is specifically denied that Plaintiff is barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 P.C.S.A. § 4102. 44. Denied. This paragraph states a conclusion of law to which no response is required. To the extent that a response may be required, it is specifically denied that the Plaintiff, Kayleena Reed, a minor, was contributorily negligent and/or assumed the risk of injury. 45. Denied. It is specifically denied that negligent acts and/or omissions of other individuals or entities constitute an intervening or superseding cause of the injuries alleged to have been sustained by the Plaintiff. 46. Denied. It is specifically denied that Plaintiff's alleged injuries were caused by the acts and/or omissions of a person or persons other than the Defendant. 47. Denied. It is specifically denied that the Plaintiff may have already entered into a Release with other individuals or entities which has the effect of discharging any liability of the Defendant. 48. Denied. This paragraph states a conclusion of law to which no response is required. To the extent that a response may be required, it is specifically denied that Plaintiffs injuries and/or damages are insufficient as a matter of law to constitute a"serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Laws (75 Pa.C.S.A. § 1702). Plaintiff is therefore not barred from any recovery of non-economic losses. 49. Denied. This paragraph states a conclusion of law to which no response is required. To the extent that a response may be required, it is specifically denied that Plaintiff s claims are barred by the applicable Statute of Limitations. WHEREFORE, Answering Plaintiff Kaylena Reed, a minor,by and through her parents, Stephen Reed and Dennise Reed, hereby requests the New Matter to Plaintiffs Complaint be dismissed and judgment be granted in her favor. Respectfully Submitted, R.J.MARZELLA&ASSOCIATES,P.C. C BY: � \ KARI E.MELLINGER,ESQUIRE DATED: ID No. 316046 �Z-�-�� CERTIFICATE OF SERVICE I, Kari E. Mellinger, hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 22nd day of January , 2014, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Craig Black, Esquire 30 North Third Street Suite 1050 Harrisburg, PA 17101 Counsel for Defendant Bart Miller R.J.MARZELLA&ASSOCIATES,P.C. BY: KARI E.MELLINGER,ESQ. r1-3 214 Ai 111: 53 IN THE COURT OF COMMON PLEAS ki y CUMBERLAND COUNTY, PENNSYLVANI KAYLENA REED, a minor, by and through her parents, STEPHEN REED AND DOCKET No.: 13-6604 CIVIL DENNISE REED, Plaintiff, V. CIVIL ACTION BART MILLER Defendant. JURY TRIAL DEMANDED MOTION OF DEFENDANT BART MILLER TO COMPEL PLAINTIFF TO RESPOND TO DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Defendant, by and through its attorneys, The Chartwell Law Offices, LLP, hereby move this Honorable Court to compel Plaintiff to provide complete responses to Defendant's Interrogatories directed to Plaintiff and Responses to Defendant's Request for Production of Documents directed to Plaintiff, and in support thereof aver as follows: 1. On January 9, 2014, Counsel for Defendant served Plaintiffs counsel with Defendant's Interrogatories directed to Plaintiff— Set 1. A copy of the interrogatories are attached hereto as Exhibit "A". 2. On January 9, 2014, Counsel for Defendant served Plaintiffs counsel with Defendant's Request for Production of Documents directed to Plaintiff. A copy of the discovery request is attached hereto as Exhibit "B". 3. Plaintiff's Answers to Defendant's Interrogatories and Defendant's Request for Production of Documents were due on or about February 8, 2014. 4. After not receiving responses to said discovery, on February 12, 2014, Counsel for Defendant wrote to counsel for Plaintiff regarding the status of Plaintiff s discovery responses and provided an additional ten (10) days for Plaintiff to produce responses. A copy of the letter from counsel for Defendant to counsel for Plaintiff is attached hereto as Exhibit "C". 5. After receiving no response to the February 12, 2014 letter, on February 24, 2014 an e-mail was sent on behalf of Counsel for Defendant to Plaintiff's counsel regarding the status of Plaintiff's discovery responses. A copy of the e-mail is attached hereto as Exhibit "D". 6. On March 4, 2014, Counsel for Defendant received an e-mail from Eliza Decoste, law clerk to Plaintiff's counsel, Kari Mellinger, Esquire advising that the discovery responses were delayed due to Ms. Mellinger's maternity leave but that they would be provided soon. A copy of the e- mail is attached hereto as Exhibit "E". 7. On March 4, 2014, Counsel for Defendant responded to Ms. Decoste via e-mail, providing an additional ten (10) days for Plaintiff to serve Plaintiffs Answers to Interrogatories and Responses to Request for Production of Documents. A copy of the e-mail is attached hereto as Exhibit GGFIf. 8. To date, Plaintiff has not provided Answers to Defendant's Interrogatories, nor Responses to Defendant's Request for Production of Documents and counsel for Plaintiff has not requested an extension of time or otherwise communicated with counsel for Defendant regarding the status of same. 9. Defendant is entitled to Plaintiff s Answers to Interrogatories and Request for Production of Documents under the Pennsylvania Rules of Civil Procedure in order to ascertain the basis of Plaintiff's claims and to prepare an appropriate defense to Plaintiff's claims. WHEREFORE, Defendant respectfully requests that this Honorable Court compel Plaintiff to produce Answers to Defendant's Interrogatories and Responses to Defendant's Request for Production of Documents within ten (10) days of the date of the accompanying proposed Order or face further sanctions upon application to the Court. Respectfully submitted, THE CHARTWELL LAW OFFICES, LLP By: Date: B. Crai41ack, Esquire Attor Defendant, Bart Miller Attorney ID: 36818 30 North Third Street, Suite 1050 Harrisburg, PA 17101 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED, a minor, by and through her parents, STEPHEN REED AND DENNISE REED, Plaintiff, BART MILLER DOCKET No.: 13 -6604 CIVIL V. CIVIL ACTION Defendant. JURY TRIAL DEMANDED ATTORNEY CERTIFICATION OF GOOD FAITH The undersigned counsel for movants hereby certifies and attests that: x_ a. He has had the contacts described below with opposing counsel regarding the discovery matter in the foregoing discovery motion in an effort to resolve the specific discovery dispute at issue and, further, that despite all counsel's good faith attempts to resolve the dispute, counsel have been unable to do so. (1) Defendant's Interrogatories and Request for Production of Documents directed to Plaintiff served January 9, 2014 (Exhibits A and B). (2) Letter from Counsel for Defendant to Plaintiff's counsel dated February 12, 2014 (Exhibit C). (3) E -mail from Counsel for Defendant to Counsel for Plaintiff dated February 24, 2014 (Exhibit D). (4) E -mail from Counsel for Defendant to Counsel for Plaintiff dated March 4, 2014 (Exhibit F). CERTIFIED TO THE COURT BY: g Black, Esquire ey for Defendant, Bart Miller -k-'91')P`9 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED, a minor, by and through her parents, STEPHEN REED AND DOCKET NUMBER: 13-6604-Civil DENNISE REED, Plaintiffs, V. Civil Action BART MILLER Jury Trial Demanded Defendant. DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIFF — SET I To: Kaylena Reed, by Stephen Reed and Dennise Reed, her parents and natural guardians c/o Kari E. Mellinger, Esquire R.J. Marzella & Associates, P.C. 3 513 N. Front Street Harrisburg, PA 17110 You are required to answer the following Interrogatories under oath pursuant to the Pennsylvania Rules of Civil Procedure. These Interrogatories are continuing in character so as to require you to file supplemental answers if you obtain further or different information prior to trial. Where the words "incident" or "occurrence" are used, they refer to the events as described in Plaintiff's Complaint. 1 DEFINITIONS As used herein, the word "Plaintiffs" refers to Kaylena Reed, Stephen Reed, and/or Demise Reed, their agents, representatives, attorneys, prior business entities (if any) and all other persons acting or purporting to act on behalf of Plaintiffs. Furthermore, the word "you" or "your ", as used herein refers to Plaintiffs, Kaylena Reed, Stephen Reed and/or Dennise Reed. II. All references in these Interrogatories to "document" shall include the plural and shall mean, without limitation unless otherwise indicated, the original and each copy of each and any writing, evidence of indebtedness, memorandum, letter, correspondence, telegram, note, minutes, contract, agreement, inter - office communication, bulletin, circular, procedure, pamphlet, photograph, study, notice, summary, invoice, diagram, plan, drawing, diary, record or note of telephone conversation, chart, schedule, entry, print, representation, record, report and tangible item or thing of written, readable, graphic, audible, electronic or visual material, of any kind or character, whether handwritten, typed, xeroxed, photostated, printed, duplicated, reproduced, recorded, photographed, copied, microfilmed, microcarded, or transcribed by any means, including, without limitation, each interim as well as final draft and each revision which -in the possession or subject to the control of you or your present or former agents, employees or representatives, including counsel and including any related corporations. III. Whenever in these Interrogatories there is a request to identify a document: a. state the type of document (e.g., letter, etc.); b. set forth its date; c. identify the signer or signers and the address or addresses; d. set forth the title, heading or other designation, numerical or otherwise, of the document; e. identify the person (or, if widely distributed, set forth the organization or classes of persons) to whom the document was sent; and f. set forth the present or last -known location of the document and of each copy thereof having notations or marking unique to such copy. IV. Whenever in these Interrogatories there is a request to identify any oral communication: a. state the type of communication (e.g., conversation, telephone call, etc.); b. state where and when such communication occurred; c. identify by full name, title and job description, all persons who participated in such communication or who observed or heard such communications at the time of their occurrence; setting forth which person effected such communication and which person received the same; d. identify all documents embodying or in any way relating to such communication, if any; and e. state the substance of any such communication. V. "Defendant" shall refer to Bart Miller, his agents, representatives, attorneys and all other persons acting or purporting to act on behalf of Defendant. 2 VI. As used herein, the word "Health Care Provider" refers to: hospital, ambulatory surgical facility, physician, chiropractor, physical or occupational therapist or therapy center, pharmacy, or other allied health care professional or facility. INSTRUCTIONS In answering these Interrogatories, you shall furnish all information available to you at the time of answering, including information in the possession of your agents. These Interrogatories are continuing in nature and you shall supplement your Answers in accordance with the Pennsylvania Rules of Civil Procedure. If you claim, in your-Answer to any Interrogatory, that any requested facts, documents or other information are "privileged" and not subject to discovery, you shall so state and, in addition, state every fact supporting your claim that such fact, document or other information is "privileged" and with respect to any document, you shall identify the document by stating the date and subject matter of the document, the name of the person who prepared the document and the name of the person for whom the document was intended. 4 INTERROGATORIES 1. Please state your full name and any other name which you have known, the name of your spouse at the time of the accident, if any, your present residence address and the address of each other residence which you have had during the past five years, your present occupation, the name and address of your employer, your date of birth, your social security number; the schools you have attended and any degrees awarded, and military service, if any. ANSWER: 2. If you are covered by any type of insurance, including any health, disability, Medicare or Medicaid or excess or umbrella insurance, that may be utilized in connection with any claims arising from the incident in this matter, please state the name of the insurance carrier, the named insured under each policy, the policy number of each policy, the type(s) and effective date(s) of the coverage, the amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy, and any applicable exclusions under the policy. ANSWER: 5 3. Please list and describe all medical and non - medical expenses and losses that you have incurred because of the incident, and which you intend to claim as damages. ANSWER: 4. Please state with particularity the factual basis for each claim of negligence that you are asserting in this case. ANSWER: 6 5. Please identify each person who was a witness to the incident through sight or hearing and/or has knowledge of facts concerning the happening of the incident or conditions or, circumstances at the scene of the incident prior to, at the time of, or after the incident and with respect to each person so identified, state that person's exact location and activity at the time of the incident. ANSWER: 6. If you know of anyone that has given any statement (as defined by PA Rule of Civil Procedure 4003.4) concerning this action or its subject matter, state the identity of such person, when, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded, and the identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: 7 7. Please identify documents (except reports of experts subject to Pa. R.C.P. No. 4003.5) which describe the incident or the cause thereof. ANSWER: 8. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state the nature or type of such item, the date when such item was made, the identity of the person that prepared or made each item; and the subject that each item represents or portrays. ANSWER: 8 9. If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5, conducted any investigations of the incident, identify each person, and the employer of each person, who conducted any investigation(s); and all notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: 10. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state the witness's complete address, your relationship, if any, with the witness, and the substance of the facts to which the witness is expected to testify. ANSWER: 9 11. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state the subject matter about which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) ANSWER: 12. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: 10 13. If you intend to use any admission(s) of a party at trial, identify such admission(s). ANSWER: 14. Identify all injuries or diseases that you allege you suffered as a result of the incident. ANSWER: 11 15. If you received medical treatment or examination (including x -rays) because of injury or disease you suffered as a result of the incident, state the identity of each health care provider by whom you were treated or examined; the date on which each such treatment or examination was rendered, and the charge by the health care provider for each; and identify any document(s) (except reports of experts subject to Pa. R.C.P. 4003.5) regarding any medical treatment or examination, setting forth the author and date of such document(s). ANSWER: 16. If, either prior to or subsequent to the incident, Plaintiff sustained injury or had or has a disease, state the injury or disease you suffered, the date and place of any accident, if such injury or disease was caused by an accident; the identity of health care providers who rendered treatment or examination because of such injury or disease; and the identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. ANSWER: 12 17. Please state any date(s) of any absence(s) from school resulting from any injury or disease suffered in this incident. ANSWER: 13 18. If, as a result of this incident, you have been unable to perform any of your customary social or other activities in the same manner as prior to the incident, state with particularity the duties and/or activities you have been unable to perform, the periods of time you have been unable to perform, and the identity of all persons having knowledge thereof. ANSWER: 19. Please state whether you have ever previously asserted a lawsuit as a Plaintiff, and if so, please list the caption, docket number, and venue of the lawsuit, the name of the attorney who represented you, a summary of the claims asserted in the lawsuit, and whether the lawsuit was resolved by trial, settlement or otherwise, and if so, the outcome of the litigation. ANSWER: 14 20. If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the twenty four (24) hours immediately preceding the incident, state the nature, amount, and type of item consumed; the amount of time over which consumed; the identity of any and all persons who have any knowledge as to the consumption of those items; and the identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. ANSWER: 21. If you were under any physical or mental disability at the time of the incident, explain the disability. ANSWER: 15 22. State in detail the manner in which you assert that the incident occurred. ANSWER: Respectfully submitted, THE CHARTWELL LAW OFFICES, LLP Bv: :lac , squir I. P .: 36818 30 North Third Street, Suite 1050 Harrisburg, PA 17101 (717) 909 -5170 Dated: �,�,,.,.,__ 9, Zd /y Attorney for Defendant, Bart Miller 16 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of Defendant's Interrogatories Directed to Plaintiffs — Set I upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first -class postage prepaid, addressed as follows: Kari E. Mellinger, Esquire R.J. Marzella & Associates, P.C. 3513 N. Front Street Harrisburg, PA 17110 THE CHARTWELL LAW OFFICES, LLP B s`!'aig Black, Esquire iNo.: 36818 1 North Third Street, Suite 1050 Harrisburg, PA 17101 (717) 909 -5170 Zoog Attorney for Defendant, Bart Miller 17 c\N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED, a minor, by and through her parents, STEPHEN REED AND DENNISE REED, Plaintiffs, V. BART MILLER Defendant. DOCKET NUMBER: 13-6604-Civil • DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF — SET I To: Kaylena Reed, by Stephen Reed, and Dennise Reed, her parents and natural guardians c/o Kari E. Mellinger, Esquire R.J. Marzella & Associates, P.C. 3513 N. Front Street Harrisburg, PA 17110 Pursuant to Pennsylvania Rule of Civil Procedure 4009, Defendant hereby requests that Plaintiff produce and permit Defendant and/or his counsel to inspect and copy, within 30 days after service hereof, at the office of THE CHARTWELL LAW OFFICES, LLP, 30 N. Third Street, Suite 1050, Harrisburg, Pennsylvania 17101, the documents requested herein. DEFINITIONS As used herein, the word "Plaintiffs" refers to Plaintiff, Kaylena Reed, Stephen Reed,. and/or Dennise Reed, their agents, representatives, attorneys and all other persons acting or purporting to act on behalf of Plaintiffs. Furthermore, the word "you" or "your" refers to Plaintiffs, Kaylena Reed, Stephen Reed, and Dennise Reed. II. All references in this Request for Production of Documents to "document" will include the plural and shall mean, without limitation unless otherwise indicated, the original and each copy of each and any writing, electronic data or text file, including but not restricted to e-mail messages, and attachments thereto, evidence of indebtness, memorandum, letter, correspondence, telegram, note, minute, contract, agreement, inter - office communication, bulletin, circular, procedure, pamphlet, photograph, study, notice, summary, invoice, diagram, plan, drawing, diary, record or note of telephone conversation, chart, schedule, entry, print, representation, record, computation'of data, report of tangible item or thing of written, readable, graphic, audible, electronic, or visual material, of any kind or character, whether handwritten, typed, xeroxed, photostated, printed, duplicated, reproduced, recorded, photographed, copied, microfilmed, microcarded, or transcribed by any means, or otherwise subject to translation into useable form, including, without limitation, each interim as well final draft and each revision which is in the possession or subject to the control of you or your present or former agents, employees or representatives, including counsel and including any related corporations. III. Whenever in this Request for Production of Documents there is a request to identify a document, state: a. the type of document (e.g. letter, report, memorandum, etc.); b. set forth its date; c. identity the signer or signers and the address or addresses; d. set forth the title, heading or other designation, numerical or otherwise, of the document; e. identify the person .(or, if widely distributed, set forth the organization or classes of persons) to whom the document was sent; and f. set forth the present and/or last known locations of the document(s) and of each copy thereof having notations or marking unique to such copying. As used herein, the word "Health Care Provider" refers to: hospital, ambulatory surgical facility, physician, chiropractor, physical or occupational therapist or therapy center, pharmacy, or other allied health care professional or facility. 2 INSTRUCTIONS In answering these Requests for Production of Documents, you shall furnish all information available to you at the time of answering, including information in the possession of your agents. These Requests are continuing in nature, and as such, you shall supplement your answers in accordance with the Pennsylvania Rules of Civil Procedure. II. If you claim, in your answers to these Requests for Production of Documents that any requested fact, document, or other information is "Privileged" and not subject to any discovery, you shall so state and, in addition, state every fact supporting your claim that such document or other information is "privileged" and with respect to any document, you shall identify the document by stating the date and subject matter of the document, the name of the person who prepared the document and the name of the person for whom the document was intended. 3 DOCUMENTS REQUESTED 1. Any and all statements, memoranda or writings (signed or unsigned) of any and all witnesses including any and all statements, memoranda, writings of the Plaintiffs and/or Defendant. For purposes of this Request for Production, "statement" means a written statement signed or unsigned or stenographic, mechanical, electrical or other recording, or transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it, contemporaneously recorded. 2. All photographs taken, or diagrams prepared, of the scene of the incident which is the subject of this litigation, or of any instrumentality involved therein. 3. Any and all documents containing the names, home and business addresses of all individuals contacted as potential witnesses. 4. Any and all documents which, in any way, chronicle or report on any meeting concerning the allegations in Plaintiff's Amended Complaint. 5. Any and all reports, statements, memoranda, testimony or photographs identified in your Answers to Interrogatories. 6. Any and all investigations, reports, test results, drawings, sketches, maps, summaries of records or exhibits intended to be offered at trial in the above pending action. 7. The current Curriculum Vitae for each expert identified in your Answers to Interrogatories. 8. All documents prepared by each expert identified in your Answers to Interrogatories together with all correspondence between expert and Plaintiff or Plaintiff's agent, attorney or anyone acting on Plaintiff's behalf. 9. Any and all reports of any laboratory investigations, reconstructive study, scientific tests; research or other studies made by each such expert or other person retained by him/her. 10. Any and all objects or materials examined by your expert(s). 11. All medical records, hospital records, physician's reports, x -ray records and all other health care provider records which relate in any manner whatsoever to the injuries and damages allegedly sustained by Plaintiff, Kaylena Reed, as well as treatment of any disease, injury, abnormality or condition prior to or subsequent to the incident which is the subject of this action. 12. Any and all bills, invoices, canceled checks or receipts relating directly or indirectly to those damages alleged to be resulting from the incident, including any Notice of Lien received from any insurance company and/or the Department of Public Welfare. 4 13. Any and all copies of IRS tax returns pertaining to the Plaintiff for three (3) years prior to the date of the incident and all years subsequent to the date of the incident referred to in the Complaint. 14. All supporting documentation for Plaintiffs claim for damages and/or relief in this case. 15. Copies of any and all exhibits intended to be used by Plaintiff in the trial of this matter, whether addressing liability or damages. 16. Copies of all electronic files and print-outs containing the data contained therein of any document identified in Requests for Production Nos. 1-15 herein above. 17. Print-outs of any electronic messaging, whether by e-mail or instant messaging relating to any aspect of the subject action in possession of Plaintiffs. 18. Any and all documents identified in your Answers to Interrogatories served simultaneously herewith, or hereafter served. 19. A copy of any insurance policy, including declaration sheets thereof, which are or may be responsible for the payment of benefits resulting from the accident which forms the basis for this litigation. Dated: Respectfully submitted, THE CHARTWELL LAW OFFICES, LLP By: g Black, Esquire boi o.: 36818 3 6 . Third Street, Suite 1050 Harrisburg, PA 17101 (717) 909-5170 Attorney for Defendant, Bart Miller 5 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of Defendant's Requests for Production of Documents Directed to Plaintiff — Set I upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Kari E. Mellinger, Esquire R.J. Marzella & Associates, P.C. 3513 N. Front Street Harrisburg, PA 17110 The Chartwell Law Offices, LLP By: g . TIZ , bsqtTtr- o.: 36818 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 (717) 909-5170 Dated: Attorneys for Defendant, Bart Miller 6 THE B. CRAIG BLACK, ESQUIRE Direct Dial: (717) 909 -5170 ext 109 cblack@chartwelllaw.com Kari E. Mellinger, Esquire R.J. Marzella & Associates, P.C. 3513 N. Front Street Harrisburg, PA 17110 HARTWELL LAW OFFICES, LLP February 12, 2014 Reply To: Harrisburg Office 30 N. Third Street, Suite 1050 Harrisburg, PA 17101 Phone: (717) 909 -5170 Facsimile: (717) 909 -5173 Re: Reed, Kaylena, a minor, by and through her parents, Stephen Reed individually, and Dennise Reed individually v. Bart Miller Cumberland County Court of Common Pleas Docket No. 13-6604-Civil Our File No.: 5021.0047255 Dear Ms. Mellinger: On January 9, 2014, our office served your office with Defendant's Interrogatories directed to Plaintiff - Set 1 and Defendant's Request for Production of Documents directed to Plaintiff. To date, we have not received your clients' responses. Please forward complete answers to the above referenced discovery requests within the next ten (10) days. If you require additional time in which to complete the responses, please let us know. Very truly yours, THE CHARTWELL LAW OFFICES, LLP By: Margaret Schneider Paralegal to B. Craig Black, Esquire BCB /mms FLORIDA I MASSACIIUSErrs NEW JERSEY 1 NEW YORK 1 PENNSYLVANIA www.chartwelllaw.com a • Margaret M. Schneider From: Margaret M. Schneider Sent: Monday, February 24, 2014 3:47 PM To: 'kmellinger @rjmarzella.com' Subject: Reed, Kaylena, a minor, by parents, Stephen & Dennise Reed v. Bart Miller: Dear Ms. Mellinger: I am following up on my letter to you dated 2/12/14 inquiring as to the status of your clients' discovery responses. Could you please let me know when we can expect the responses? Thank you. Margaret M. Schneider Paralegal The Chartwell Law Offices, LLP 30 North Third Street, Suite 1050 Harrisburg, PA 17101 Phone No.: 717 -909 -5170 Fax No.: 717- 909 -5173 1 Margaret M. Schneider From: Eliza Decoste <edecoste@rjmarzella.com> Sent: Tuesday, March 04, 2014 10:40 AM To: Margaret M. Schneider Cc: KariK4eUinger Subject: Reed v. Milier Dear Ms. Scneider, 1 just received your email about the discovery responses, 1 apologize for the tardiness in my response. Attorney Mellinger began maternity leave around the time of your e-mail and I had not yet received the answers from the clients. I received their responses about a week ago and have begun to type them for you. We are currently preparing for trial early next week in another case and I have not yet completed the responses. lfyou will bear with me, 1 will timely supplement them to you soon. If you have any other question feel free to contact me in the interim. Thank your for your patience. Sincerely, Eliza Decoste law clerk to Kari Mellinger, Esq. Eliza J. Decoste Law Clerk to Robin J. Marzella, Esquire R.J. Marzella & Associates, PC 3513 N. Front St. Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 The information contained in this electronic transmission is privileged and confidential and intended only for the use of the individual(s) named above. If you are not the intended recipient, you are hereby notified that any unauthorized disclosure, copying, distribution or taking of any action based upon or in reliance upon the contents of the materials is strictly prohibited. Any review of these materials other than the by the intended recipient SHALL NOT constitute a waiver of the attorney-client privilege. If you receive this transmission in error, please immediately notify us by telephone (collect) to arrange for the return of the materials. Thank you. Margaret M. Schneider From: Margaret M. Schneider Sent: Tuesday, March 04, 2014 11:48 AM To: 'Eliza Decoste' Subject: RE: Reed v. Miller Thank you. I spoke to attorney Black and he asked if you could have the responses to us in 10 days. :Margaret 114. Su6rt«ider Paralegal The Chartwell Law Offices, LLP 30 North Third Street, Suite 1050 Harrisburg, PA 17101 Phone No.: 717-909-5170 Fax No.: 717-909-5173 From: Eliza Decoste[nmaU&o:edecosterjmanel|a.con] Sent: Tuesday March 04, 2014 10:40 AM To: Margaret M. Schneider Cc: KahMeUinger Subject: Reed v. Miller Dear Ms. Scneider, 1 just received your email about the discovery responses, 1 apologize for the tardiness in my response. Attorney Mellinger began maternity leave around the time of your e-mail and | had not yet received the answers from the clients. | received their responses about a week ago and have begun to type them for you. We are currently preparing for trial early next week in another case and | have not yet completed the responses. |f you will bear with me, | will timely supplement them to you soon. If you have any other question feel free to contact me in the interim. Thank your for your patience. Sincerely, Eliza Decoste law clerk to Kari Mellinger, Esq. Eliza J. Decoste Law Clerk to Robin J. Marzella, Esquire R.J. Marzella & Associates, PC 3513 N. Front St. Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 The information contained in this electronic transmission is privileged and confidential and intended only for the use of the individual(s) named above. If you are not the intended recipient, you are hereby notified that any unauthorized disclosure, copying, distribution or taking of any action based upon or in reliance upon the contents of the materials is strictly prohibited. Any review of these materials other than the by the intended recipient SHALL NOT constitute a 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED, a minor, by and through her parents, STEPHEN REED AND DENNISE REED, Plaintiff, DOCKET No.: 13-6604 CIVIL V. CIVIL ACTION BART MILLER Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, B. Craig Black, hereby certify that true and correct copies of the foregoing Motion of Defendant to Compel Plaintiff s Answers to Interrogatories and Plaintiff s Responses to Request for Production of Documents were served via United States Mail, first class, postage prepaid, upon: Kari E. Mellinger, Esquire R.J. Marzella & Associates, P.C. 3513 N. Front Street Harrisburg, PA 17110 Counsel for Plaintiff 6k-aL.A e&eit/1,2 B. Craig Black, Esquire Attorney for Defendant, Bart Miller Attorney ID: 36818 30 North Third Street, Suite 1050 Harrisburg, PA 17101 717-909-5170 Date: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED, a minor, by and through her parents, STEPHEN REED AND DENNISE REED, Plaintiff, PiLEO-OFFICE. 1:„,!F THE PRO THONO TA a 2Di1 i MAR 27 AN S. CUMBERLAND COUNTY PENNS YL VAN IA DOCKET No.: 13-6604 CIVIL V. CIVIL ACTION BART MILLER Defendant. JURY TRIAL DEMANDED ORDER •f)/ t/7 AND NOW, this /fr- day of /1764-z,4 , 2014, upon consideration of the Motion of Defendant Bart Miller to Compel Plaintiffs Answers to Interrogatories and Responses to Request for Production of Documents, it is hereby Ordered that: (1) The respondents shall provide complete answers and responses to Defendant's Interrogatories and Request for Production of Documents within ten (10) days of service of this Order; (2) Notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT: THE CHARTWELL LAW OFFICES BY: ANTHONY P. TROZZOLILLO, ESQ. ATTORNEY I.D. NO: 83243 125 N. Washington Avenue The Connell Building, Suite 240 Scranton, PA 18503 (570) 558-4820 atrozzolillo@chartwelllaw.com COUNSEL FOR DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA u-) C) KAYLENA REED, a minor, by and through : her parents, STEPHEN REED AND DOCKET No.: 13-6604 CIVIL DENNISE REED, Plaintiff, V. BART MILLER Defendant. CIVIL ACTION JURY TRIAL DEMANDED ENTRY OF APPEARANCE WITH JURY DEMAND TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant in the above-captioned matter. A jury of twelve (12) is hereby demanded. THE CHARTWELL LAW OkkICES, LLP 1') By: Anthony P. Atty I.D. No.: 83243 125 N. Washington Avenue The Connell Building, Suite 240 Scranton, PA 18503 Attorney for Defendant ozzolillo, Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED, a minor, by and through her parents, STEPHEN REED AND DENNISE REED, Plaintiff, BART MILLER DOCKET No.: 13-6604 CIVIL V. CIVIL ACTION Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Anthony P. Trozzolillo, Esquire, hereby certify that I have this II day of Afok , 2014 served a true and correct copy of Entry of Appearance with Jury Demand was served via United States Mail, first class, postage prepaid, upon: Kari E. Mellinger, Esquire R.J. Marzella & Associates, P.C. 3513 N. Front Street Harrisburg, PA 17110 Counsel for Plaintiff THE CHARTWELL LAW OFFICES, LLP By: Anthony P. ozzolillo, s uire Atty I.D. No.: 83243 125 N. Washington Avenue The Connell Building, Suite 240 Scranton, PA 18503 Attorney for Defendants THE CHARTWELL LAW OFFICES BY: B. CRAIG BLACK, ESQ. ATTORNEY I.D. NO: 36818 30 N. 3"I Street, Suite 1050 Harrisburg, PA 17101 (717) 909-5170 (717) 909-5173 (fax) cblack@chartwelllaw.com COUNSEL FOR DEFENDAN Bart Miller 5r/V, cs.D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED, a minor, by and through her parents, STEPHEN REED AND DENN1SE REED, Plaintiff, BART MILLER CD • ..e.LC;) • r -r• DOCKET No.: 13-6604 CIVIL V. CIVIL ACTION Defendant. JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance as Counsel on behalf of Defendant, Bart in the above-captioned matter. THE CHARTWELL LAW OFFICES, LLP Date: (-1—) By: B. raig ck. Esquire • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAYLENA REED, a minor, by and through her parents, STEPHEN REED AND DENNISE REED, Plaintiff, DOCKET No.: 13 -6604 CIVIL V. CIVIL ACTION BART MILLER Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, B. Craig Black, hereby certify that a true and correct copy of the Withdrawal of Appearance to was served via United States Mail, first class, postage prepaid, upon: Date: 14_ Kari E. Mellinger, Esquire R.J. Marzella & Associates, P.C. 3513 N. Front Street Harrisburg, PA 17110 Counsel for Plaintiff B. raig ck, Esquire Attorne 7r Defendant, Bart Miller Attorney ID: 36818 30 North Third Street, Suite 1050 Harrisburg, PA 171Q1 717 -909 -5170