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Home My WebLink About13-7119 Supreme Co ""'��o - , Pennsylvania COU "' Of C&mo %pleas For Prothonotary Use Only. rr �'`'' 1 t, C:t it Dover Sheet Docket No: CUrriberlan6 County t l� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S X� Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Valerie R. Zimmerman Brenda Askey , Dollar Amount Requested: 0 within arbitration limits I Are money damages requested? EM Yes a No (check one) [ E outside arbitration limits }O N Is this a Class Action Suit? 0 Yes ED No Is this an MDJAppeal? Yes 0 No I A Name of Plaintiff /Appellant's Attorney: RICHARD A SADLOCK, ESQUIRE E1 Check here if you have no attorney (are a Self - Represented [Pro Se) Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment x Motor Vehicle 0 Debt Collection: Other Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability Statutory Appeal: Other F S 0 Product Liability (does not include mass tort) Employment Dispute: E Slander/Libel /Defamation 0 Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board f -� Other: T O r-Ij Other: MASS TORT r-1 Asbestos N 0 Tobacco 0 Toxic Tort -DES F Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS f_+ Toxic Waste j [3 Other: Ejectment Q Common Law /Statutory Arbitration 0 1 Eminent Domain /Condemnation 0 Declaratory Judgment B Ground Rent 0 Mandamus Landlord /Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto _1 Dental 0 Partition 0 Replevin 0 Legal ❑ Quiet Title 0 Other: 0 Medical 0 Other: Ji Other Professional: I I E Updated 1/1/2011 ED Or 2013 DEr -3 P I CUME',ERLAN0 C 0 U I'll T Y E ,NSYLVANIA ANGINO & ROVNER, P.C. Richard A.Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 171 10 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff(s) E -mail: rsadlock @angino - rovner.com VALERIE R. ZIMMERMAN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. 3 .� �►� clul BRENDA ASKEY, 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 WITH INFORMATION ABOUT HIRING A LAWYER. S OP a i7� 537394 0 � h �O V V#L ��D/ 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 mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despubs de la notificaci6n de esta Demanda y Aviso radicando personalmente o pot medio de un abogado una comparecencia escrita y radicando en ]a Corte por escrito sus defensas de, y objecciones a, ]as demandas presentadas aquf en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reciamada 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 537394 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 VALERIE R. ZIMMERMAN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. BRENDA ASKEY, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Valerie R. Zimmerman is an. adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 5427 Jonestown Road, Harrisburg, Dauphin County, PA 17112. 2. Defendant Brenda Askey is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 232 East Locust Street, Cumberland County, Mechanicsburg, PA 17055. 3. The facts and occurrences hereinafter related took place on May 10, 2012, on the ramp of Route 581 and Carlisle Pike, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Valerie Zimmerman was driving a 2004 Honda CR -V and was stopped at red light on the ramp of Route 581 at the intersection of Route 581 and Carlisle Pike, Cumberland County, Pennsylvania. 5. At that time and place, Defendant Brenda Askey was driving a 2001 Ford Taurus directly behind Plaintiff Valerie Zimmerman's vehicle. 537394 6. At that time and place, Defendant Brenda Askey operated her vehicle without paying attention* to traffic and, suddenly and without warning, violently slammed into the rear of Plaintiff's stationary vehicle. 7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff, Valerie Zimmerman, are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Brenda Askey operated her 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 apply her brakes in sufficient time to avoid a collision with Plaintiff's vehicle; (c) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (d) failure to have proper and adequate control over her vehicle; (e) failure to take reasonable evasive action to avoid the accident; and (f) driving her 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. 8. As a direct and proximate result of the aforementioned accident, Plaintiff Valerie Zimmerman sustained painful, severe and serious injuries which include but are not limited to cervical radiculopathy with disc herniation at C5 -6, neck pain, right arm pain and right hand numbness and pain. 537394 9. By reason of the aforesaid injuries, Plaintiff Valerie Zimmerman 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. 10. Because of the nature of her injuries, Plaintiff Valerie Zimmerman has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 11. As a result of the aforementioned injuries, Plaintiff Valerie Zimmerman 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. 12. As a result of the aforesaid injuries, Plaintiff Valerie Zimmerman has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 13. Plaintiff Valerie Zimmerman continues to be plagued by persistent pain and limitations 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. 14. As a result of the aforesaid injuries, Plaintiff Valerie Zimmerman has sustained uncompensated work loss, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Valerie Zimmerman may sustain work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. WHEREFORE, Plaintiff Valerie R. Zimmerman demand judgment against Defendant 537394 Brenda Askey 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 &R. E Rich a lock, Esquire D. 81 3 N. Front Street arrisburg, PA 17110 (717) 238 -6791 Counsel for Plaintiff 537394 VERIFICATION I, VALERIE ZIMMERMAN, 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 thatihis verification is made subject to the penalties of the Rules of Civil Procedure relating to unworn falsification to authorities. W VALERIE ZINTMER�/N 203648 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 'I, [i Ti-; t, ot Comb Jody S Smith Chief Deputy ,. .° =l i 3 D C I I PM 3 2 Richard W Stewart COUNT Solicitor PENNSYLVANIA Valerie R Zimmerman vs. Case Number Brenda Askey 2013-7119 SHERIFF'S RETURN OF SERVICE 12/04/2013 03:01 PM- Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Paul Askey, husband,who accepted as"Adult Person in Charge"for Brenda Askey at 232 East Locust Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. DE iIS FRY, D. SHERIFF COST: $39.76 SO ANSWERS, December 05, 2013 RONNY R ANDERSON, SHERIFF ':cu;*tySu ie Sherd`"e-,eosoft 0244526042.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. ATTORNEY FOR DEPENDANT(S) Identification No. 89936 Brenda Askey 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 VALERIE R. ZIMMERMAN, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY A NO. 13-7119 - Vs. rn n BRENDA ASKEY, Defendant __ ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant(s), Brenda Askey for preliminary objections only in reference to the above-captioned case. AURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Brenda Askey I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by Regular US Mail. 0244526042.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN,ESQ. ATTORNEY FOR DEFENDANT(S) Identification No. 89936 Brenda Askey 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 VALERIE R. ZIMMERMAN, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY NO. 13-7119 m 3 vs. =,A BRENDA ASKEY, Cr! Defendant �2 -0 DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S CIVIL COMPLAINT Defendant(s), Brenda Askey, by and through the undersigned counsel, files the following Preliminary Objections to Plaintiff's Civil Complaint pursuant to Pa.R.C.P. 1028(a)(1). In support thereof, Defendant(s) avers as follows: 1. Plaintiff(s) commenced this action against Defendant(s), Brenda Askey, in Cumberland County, Pennsylvania seeking damages arising from an automobile accident, the facts of which are more fully set forth in Plaintiff's Complaint, a true and correct copy of which is attached hereto and marked as Exhibit A. 2. The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. Pa.R.C.P. 1019(a). 3. Paragraph 7 of the Plaintiff's Complaint alleges that the aforesaid auto accident was caused, in part, by the "wanton and reckless manner" of the Defendant. 4. Based on her pleadings of reckless and wanton conduct on the part of Defendant, Plaintiff appears to be claiming, and may claim in the future, an entitlement to punitive damages. 5. Pennsylvania law recognizes the guidelines for imposing punitive damages as set forth in Section 908(2) of the Restatement (Second) of Torts (1965), which states that "[p]unitive damages may be awarded for conduct that is outrageous because of Defendant's evil motives or his reckless indifference to the rights of others." Feld v. Merriam, 506 Pa. 383, 485 A.2d 742, 747-748 (1984), citing Chambers v. Montgomery, 411 Pa. 339, 192 A.2d 355 (1963). 6. Punitive damages are appropriate only where the Defendant's conduct was of such an outrageous nature as to demonstrate intentional, willful, wanton, or reckless conduct. SHV Coal v. Continental Grain Co., 587 Pa. 489, 587 A.2d 702, 704 (1991). 7. In order for punitive damages to be applicable, "[t]he act, or the failure to act, must be intentional, reckless, or malicious." Feld v. Merriam, 506 Pa. 383, 485 A.2d 742, 748 (1984). 8. Punitive damages may not be awarded for misconduct that constitutes ordinary negligence, such as inadvertence, mistake, and errors of judgment. Martin v. Johns-Manville Corp., 508 Pa. 154, 494 A.2d 1088, 1096-1097 (1985), citing Restatement (Second) of Torts, Section 908, comment (b). 9. Despite has allegations of "reckless" and/or "wanton" conduct on the part of the Defendant, Plaintiff has failed to allege facts that suggest intentional, reckless or malicious conduct on the part of Defendant. 10. Paragraph 7 of the Plaintiff's Complaint, contains only general allegations and vague conclusions with respect to the claim for "reckless" and "wanton" conduct on the part of the Defendant. 11. The allegations of Plaintiff's Complaint fail to set forth material facts in support of a claim for exemplary or punitive damages. 2 12. The allegations of Plaintiff's Complaint are in violation of Pennsylvania Rule of Civil Procedure 1019(a), which requires that the material facts upon which a cause of action is based shall be stated in a concise and summary form. 13. Absent the appropriate allegations of outrageous conduct, punitive damages cannot be imposed, and the allegations of "reckless" and/or "wanton" conduct must be stricken from the record. WHEREFORE, Defendant respectfully requests that the Court grant these preliminary objections and strike all references to "reckless," "reckless conduct," and "wanton" conduct found within Plaintiff's Complaint with prejudice. • I • I B. TILGHMAN, ESQ. Attorney for Defendant(s) Brenda Askey 3 DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S PRELIMINARY OBJECTIONS I FACTS: The Plaintiff filed a civil Complaint against Defendant, Brenda Askey, in Cumberland County, Pennsylvania. The Complaint alleges a cause of action for damages arising from an automobile accident that occurred on May 10, 2012, between Plaintiff, Valerie Zimmerman, and Defendant, Brenda Askey. Plaintiff's Complaint has set forth several allegations as to how Defendant was negligent and thereby causing the accident. However, there are also terms of "reckless" and "wanton" conduct on the part of the Defendant, which are unsupported averments within the Plaintiff's Complaint. Defendant now brings the herein motion to strike with prejudice all references and use of the terms of "reckless" and "wanton" conduct contained within Plaintiff's Complaint. II. DISCUSSION: Legal Insufficiency Of A Pleading -Allegations Of Reckless and Wanton Conduct The material facts on which a cause of action or defense is based shall be stated in a concise and summary form according to Pa.R.C.P. 1019(a). In paragraph 7 of Plaintiff's Complaint, Plaintiffs allege that the aforesaid auto accident was caused by the "reckless" and "wanton" conduct of the Defendant. Based on the Plaintiff's pleadings of "reckless" and "wanton" conduct, Plaintiff's Complaint sets up an entitlement to punitive damages. Pennsylvania law recognizes the guidelines for imposing punitive damages as set forth in Section 908(2) of the Restatement (Second) of Torts (1965), which states that "[p]unitive damages may be awarded for conduct that is outrageous because of Defendant's evil motives or his reckless indifference to the rights of others." Feld v. Merriam, 506 Pa. 383, 485 A.2d 742, 747-748 (1984), citing Chambers v. Montgomery, 411 Pa. 339, 192 A.2d 355 (1963); Phillips v. Cricket Lighters, et. al., 584 Pa.179, 883 A.2d 439 (2005). Punitive damages are appropriate only where the Defendant's conduct was of such an outrageous nature as to demonstrate intentional, willful, wanton, or reckless conduct. SHV Coal v. Continental Grain Co., 587 Pa. 489, 587 A.2d 702, 704 (1991). In order for punitive damages to be applicable, "[t]he act, or the failure to act, must be intentional, reckless, or malicious." Feld v. Merriam, 506 Pa. 383, 485 A.2d 742, 748 (1984). Punitive damages may not be awarded for misconduct that constitutes ordinary negligence such as inadvertence, mistake, and errors of judgment. Martin v. Johns-Manville Corp., 508 Pa. 154, 494 A.2d 1088, 1096-1097 (1985), citing Restatement (Second) of Torts, Section 908, comment (b). Despite her allegations of "reckless" and "wanton" conduct, Plaintiff has failed to allege any facts that suggest intentional, reckless or malicious conduct on the part of Defendant. It is respectfully submitted that absent the appropriate allegations of outrageous conduct, punitive damages cannot be imposed, and the allegations of "reckless" and "wanton" conduct must be stricken from the record. III. CONCLUSION: WHEREFORE, Defendant, Brenda Askey, respectfully requests that the Court grant these preliminary objections and strike all references to "reckless" and "wanton" conduct found within paragraph 7 of Plaintiff's Complaint with prejudice. LAURIE B. '1'1LGHMAN,ESQ. Attorney for Defendant(s) Brenda Askey 2 VERIFICATION Laurie B. Tilghman, Esquire, states that he/she is the attorney for the within named Defendant(s), Brenda Askey, and the facts set forth in the foregoing pleading are true and correct to the best of his/her knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unsworn falsification to authorities. AURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Brenda Askey CERTIFICATE OF SERVICE I do hereby certify that on December 12, 2013 service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Brenda Askey EXHIBIT A From:ALLSTATE INSURANCE 717+795+9827 12/05/2013 10:09 #095 P.004/008 12/05/2013 08:29 717-506-2475 PSBA INC PAGE 03/07 ANGINO&ROVNER,P.C. Richard.A.Sadle& Attorney 1DM: 472131 4503 North Pont Street Harrtabutg,PA 17110.1705 (717)238.6791 FAX(717)238.5610 Attorneys for Plaintiff(e) 13•ma11: rsadloek@anglno•rovner tom VALERIE R. ZIM1v1ERMA.N : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA . CIVEL ACTION-LAW v. • • • BRENDA ASICEY, • Defendant . JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Valerie R. Zimmerman is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 5427 Jonestown Road, Harrisburg, Dauphin County,PA 17112. 2. Defendant Brenda Askey is an adult individual and citizen of the Commonwealth of Pennsylvania,who resides at 232 East Locust Street,Cumberland County,Mechanicsburg,PA 17055. 3, The facts and occurrences hereinafter related took place on May 10, 2012, on the ramp of Route 581 and Carlisle Pike,Cumberland County,Pennsylvania. 4, At that time and place, Plaintiff Valerie Zimmerman was driving a 2004 Honda CR-V and was stopped at red light on the ramp of Route 581 at the intersection of Route 581 and - Carlisle Pike,Cumberland County,Pennsylvania, 5. At that time and place,Defendant Brenda Askey was driving a 2001 Ford Taurus dire6tly behind Plaintiff Valerie Zimmerman's vehicle. - C 537394 ye Received Time Dec. 5, 2013 10:08AM No. 6138 From:ALLSTATE INSURANCE 717+795+9827 12105/2013 10:09 #095 P.005/008 12/05/2013 08:29 717-506-2475 PSBR INC PAGE 04/07 ' 6.. At that time and place, Defendant Brenda Askey operated her vehicle without paying attention to traffic and,suddenly and without warning,violently slammed into the rear of Plaintiff's stationary vehicle. 7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff, Valerie Zimmerman., are the direct and proximate result of the negligent, careless, wanton, and reckless manner In,which Defendant Brenda Askey operated her 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 apply her brakes in sufficient time to avoid a collision with Plaintiff's vehicle; (c) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (d) failure to have proper and adequate control over her vehicle; (e) failure to take reasonable evasive action to avoid the accident;and (f) driving her 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. 8. As a direct and proximate result of the aforementioned accident,Plaintiff Valerie Zimmerman sustained painful, severe and serious injuries which include but are not limited to cervical radiculopathy with disc herniation at C5-6, neck pain, right arm pain and right hand numbness and pain. • 537394 Received Time Dec, 5. 2013 10:08AM No 6138 From:ALLSTATE INSURANCE 717+795+9827 12/05/2013 10:09 #095 P.006/008 12/05/2013 08:29 717-506-2475 PSBA INC PAGE 05/07 9. By reason of the aforesaid injuries, Plaintiff Valerie Zimmerman 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. • 10. Because of the nature of her injuries, Plaintiff Valerie Zimmerman has been advised and,therefore, avers that she may be forced to incur similar expenses in the tttture, end claim is made therefor. 11. As a result of the aforementioned injuries, Plaintiff Valerie Zimmerman has undergone and in the future will undergo great physical and mental su fbring, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 12. As a result of the aforesaid injuries, Plaintiff Valerie Zimmerman has been and in the f iture will be subject to great humiliation and embarrassment, and claim is made therefor. 13: Plaintiff Valerie Zimmerman continues to be plagued by persistent pain and limitations 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. 14. As a result of the aforesaid injuries, Plaintiff Valerie Zimmerman has sustained uncompensated work loss,and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Valerie Zimmerman may sustain work loss, loss of opportunity and a permanent diminution of her earning power and capacity,and claim is made therefor. WHEREFORE,Plaintiff Valerie R.Zinuu.erman demand judgment against Defendant 537394 Received Time Dec. 5. 2013 10:08AM No. 6138 From:ALLSTATE INSURANCE 717+795+9827 12/05/2013 10:09 #095 P.007/008 12/05/2013 08:29 717-506-2475 PSBA INC PAGE 06/07 Brenda Askey 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&R. 1.E 47r Rich. •r •Iock;Esquire T.D 81 +3 N.Front Street arrisburg,PA 17110 (717)238-6791 Counsel for Plaintiff • • • 537394 1 I 1 Received Time Dec. 5. 2013 10:08AM No. 6138 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the within matter for the next Argument Court. CAPTION OF CASE / (entire caption must be stated in full) �//�+ VALERIE R.ZIMMERMAN Ot' f°t-- �010/tD� Plaintiff 201 San JS PM V. �enns�Lva��d BRENDA ASKEY Defendant No. 13-7119 Civil 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: Richard A. Sadlock a. for plaintiff: b. for defendant: Laurie B.Tilghman 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 14, 2014 A rney aintiff(s Date: 1/6/14 e� 8 �,z 3%S HE -rJ 2014 JAN 30 PH 3: r 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 VALERIE R. ZIMMERMAN : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 13-7119 • BRENDA ASKEY, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Admitted. 2. Pa.R.C.P. 1019(a) speaks for itself. 3. Plaintiff's Complaint speaks for itself. 4. 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 543445 way of amplification, Plaintiff's allegations go merely to how the Defendant operated her vehicle on the day of the accident. Further, as can be plainly seen from a review of Plaintiff's Complaint, Plaintiff's Complaint includes only one claim. Plaintiff Vallerie R. Zimmerman seeks compensation for all injuries and damages she sustained as a result of the accident. Plaintiffs have not filed any claim for punitive damages. 5. See paragraph 4 herein. 6. See paragraph 4 herein. 7. See paragraph 4 herein. 8. See paragraph 4 herein. 9. See paragraph 4 herein. 10. Defendant's averment is 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, one need only read Plaintiff's entire Complaint to see the entirety of Defendant's conduct that gives rise to the instant action. Further, Pennsylvania is a notice pleading state. Plaintiff's Complaint states sufficient facts to place Defendant on notice and to enable Defendant to raise a defense. Further, discovery in the instant action has only just begun. 11. See paragraph 10 herein. 12. Defendant's averment is 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, Plaintiff's Complaint is in no way in violation of the Pennsylvania Rules of Civil Procedure. Plaintiff's Complaint states sufficient material facts upon which the cause of action is based and upon which Defendant can state a defense. 543445 13. See paragraphs 4, 10 and 12 herein. WHEREFORE, Plaintiff respectfully requests Your Honorable Court overrule Defendant's Preliminary Objections and direct Defendant to answer Plaintiff's Amended Complaint in twenty (20) days. ANGINO & ROVNE' P.C. ' radio g?: re .D. No. 47 . 4503 N. Fr• �. -et • Harrisbur • 17110 (717) 23'-6791 rsadlock @angino-rovner.com Counsel for Plaintiff 543445 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 PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS upon all counsel of record via postage prepaid first class United States mail addressed as follows: Laurie B. Tilghman, Esquire Law Offices of Twanda Turner-Hawkins Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 7flLLL '7)() _- Michelle M. Milojevich Dated: / // 543445 Our File No. 0244526042.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE ATTORNEY FOR DEFENDANT Identification No. 89936 Brenda Askey 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 VALERIE R. ZIMMERMAN, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF NO. 13-7119 ra VS. 72 mall zX' ca -i.--, BRENDA ASKEY, �- DEFENDANT ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant, Brenda Askey, in reference to the above- captioned case. L URIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Brenda Askey I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular US Mail. Our File No. 0244526042.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE ATTORNEY FOR DEFENDANT Identification No. 89936 Brenda Askey 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 VALERIE R. ZIMMERMAN, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF NO. 13-7119 --a VS. rna, rri m BRENDA ASKEY, .� z ca -37 CD DEFENDANT r>r^, DEMAND FOR JURY TRIAL TO THE CLERK: Defendant, Brenda Askey, Demand(s) a Jury Trial of twelve (12) in reference to the above-captioned case. ( )-- LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Brenda Askey I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular First Class mail. 0244526042.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. ATTORNEY FOR DEFENDANT Identification No. 89936 Brenda Askey 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 VALERIE R. ZIMMERMAN, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY NO. 13-7119 VS. "q 3 -- �- rri rri ('ri (`- BRENDA ASKEY, co -0 - c , Defendant --(tD <ca -fa (7):17_R NOTICE TO PLEAD TO: Valerie R. Zimmerman, Plaintiff C/O Richard A. Sadlock, Esq. 4503 North Front St Harrisburg, PA 17110-1708 YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT(S), BRENDA ASKEY, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. I LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Brenda Askey DATED: "( I (LI 0244526042.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. ATTORNEY FOR DEPENDANT Identification No. 89936 Brenda Askey 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 VALERIE R. ZIMMERMAN, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. NO. 13-7119 BRENDA ASKEY, Defendant DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant, Brenda Askey, by and through the undersigned counsel, answer(s) the Plaintiff's Complaint as follows: 1. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 2. ADMITTED. 3. ADMITTED. 4. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 5. ADMITTED. 6. DENIED pursuant to Pa.R.C.P. 1029(e). 7. (a-f, inclusive) DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent, careless, wanton and/or reckless. To the contrary, answering Defendant(s) acted reasonably and with due care. 8. DENIED pursuant to Pa.R.C.P. 1029(e). 9. DENIED pursuant to Pa.R.C.P. 1029(e). 10. DENIED pursuant to Pa.R.C.P. 1029(e). 11. DENIED pursuant to Pa.R.C.P. 1029(e). 12. DENIED pursuant to Pa.R.C.P. 1029(e). 13. DENIED pursuant to Pa.R.C.P. 1029(e). 14. DENIED pursuant to Pa.R.C.P. 1029(e). 15. DENIED pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Brenda Askey, demands Judgment in Her favor and against all parties. DEFENDANT'S NEW MATTER AFFIRMATIVE DEFENSES 16. Financial Responsibility Law All causes of action and/or claims as set forth in all Civil Action(s)/Complaints(s) are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length. 17. Limited Tort-ACT 6 All causes of action and/or claims as set forth in all Civil Actions/Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, including but not limited to the "limited tort" provisions of Section 1705, and in accordance with the "tort option" chosen and/or elected in the policy of insurance purportedly providing coverage for the accident in question. 18. Limited Tort-Uninsured Owner All causes of action and/or claims as set forth in all Civil Actions/Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, as Plaintiff(s) owned a currently registered private passenger motor vehicle for which he did not have financial responsibility at the time of the accident. Therefore, Plaintiff(s) is deemed to have elected the limited tort option and is thus precluded from recovering against the Defendant(s). 19. Failure to State Cause of Action The Civil Actions/Complaints of the Plaintiff(s) fail to set forth a cause of action upon which relief can be granted. 20. Set Off and/or Credit Answering Defendants have a right to a credit, or set off in the amount of any uninsured motorist benefits secured by Plaintiff, against any jury verdict or award which may be entered against answering Defendants. 21. Doctrine of Mitigation of Damages Plaintiff's injuries or damages are barred and/or limited by the Doctrine of Mitigation of Damages. 22. Admissibility of Medical Expenses/Wages The admissibility of the Plaintiff's medical expenses and/or wage loss is bared and/or accordingly limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, as amended, and more specifically the collateral source rule of 75 Pa.C.S.A. Section 1722. 23. Affirmative Defenses Answering Defendant(s), reserve(s) the right to assert at the time of trial any and all affirmative defenses revealed through discovery. WHEREFORE, Defendant, Brenda Askey, demands Judgment in Her favor and against all parties. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Brenda Askey VERIFICATION Laurie B. Tilghman, Esquire, states that She is the attorney for the within named Brenda Askey, and the facts set forth in the foregoing pleading are true and correct to the best of Her knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unsworn falsification to authorities. LA RIE B.TILGHMAN,ESQ. Attorney for Defendant(s) Brenda Askey • CERTIFICATE OF SERVICE I do hereby certify that on January 31, 2014 service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. A URIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Brenda Askey Our File No. 0244526042.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE ATTORNEY FOR DEFENDANT Identification No. 89936 Brenda Askey 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 VALERIE R. ZIMMERMAN, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY2 --a PLAINTIFF -0 vu -vi NO. 13-7119 ern rn _ �- s7 VS. c r- c Ca -21 CD t BRENDA AS KEY, z''c:' =--- DEFENDANT —� CERTIFICATE OF SERVICE TO THE CLERK: I, Laurie B. Tilghman, Esquire, hereby certify that a true and correct copy of Defendant's Interrogatories Addressed to Plaintiff, Valerie R. Zimmerman Plaintiff; Defendant's Request for Admissions Directed to Plaintiff, Valerie R. Zimmerman, with Accompanying Interrogatories; and, Defendant's Request for Production of Documents Directed to Plaintiff, Valerie R. Zimmerman, were served this date by United States Mail, First Class, postage prepaid, upon: Richard A. Sadlock, Esq. 4503 North Front St Harrisburg, PA 17110-1708 OCUALt LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Brenda Askey Dated: January 31, 2014 21314 FEB -1 PM 3: 09 CUMBERLAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Richard A.Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg,PA 171 10-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail: rsadlock @angino-rovner.com VALERIE R. ZIMMERMAN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW V. NO. 13-7119 BRENDA ASKEY, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW come the Plaintiff Valerie Zimmerman by and through her attorneys,Angino & Rovner,P.C., and hereby replies to the New Matter of Defendant as follows: 16. 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. 546383 The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiff may recover herein. 17. 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, see paragraph 16 herein. Further, whether Plaintiff selected the limited tort option to her policy is irrelevant to the instant action as Plaintiff suffered a serious injury as a result of the Defendant's negligence. Therefore,Plaintiff is a full tort plaintiff. 18. 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, see paragraphs 16 and 17 herein. Further, Plaintiff did have financial responsibility at the time of the accident referred to in Plaintiff's Complaint. 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, Plaintiffs Complaint does state a cause of action upon which relief may be granted. 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, Plaintiffs has not secured any uninsured motorist benefits herein. Therefore, Defendant is not entitled to any credit or set-off herein. All of Plaintiff's injuries and damages are recoverable in the instant action from the instant Defendant. 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,where appropriate,Plaintiff mitigated/her damages. 546383 22. 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 Plaintiff may recover herein. 23. 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 available to the Defendant herein. Further, discovery will not reveal any defenses available to Defendant. WHEREFORE,Plaintiff respectfully requests this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in her favor against the Defendant. ANGINO &ROV C• Sadlock, Es P .D.No. 4728 4503 N. reet Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff 546383 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF DAUPHIN AFFIDAVIT 1,RICHARD A. SADLOCK,ESQUIRE being duly sworn according to law,deposes and states that I am counsel for Plaintiff,that I am authorized to make this Affidavit on behalf of said Plaintiff, 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. c A. Sad Sworn to and subscribed before me this ! day of 2014. 3/ ��%—otary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Ndarial Seal Gwen Baughman, Notary PubNC Susauejanna Twp., Dauphin Canty I i My Cwvrussion EVm km 12,201 j , ;mesa,PEW6nvAKu)&W-MnON of NOTARMS 546383 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 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Laurie B. Tilghman, Esquire Law Offices of Twanda Turner-Hawkins Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Michelle M. Milojevich Dated: I /� y 546383 } cLINaE�t L�4 Nitis 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 a angino-rovner.com VALERIE R. ZIMMERMAN : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 13-7119 • BRENDA ASKEY, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR ADMISSIONS 1-3. See Plaintiff's declaration page provided in response to Defendant's Request for Production of Documents. Further, in the May 10, 2012 motor vehicle accident caused by Defendant herein, Plaintiff Valerie R. Zimmerman sustained serious injuries resulting in serious impairment of bodily functions. 4-6. Denied. 546660 7. Defendant's required. To the e� ant s request is a conclusion Way of amplification,tent the averment may be de of law to which no responsive cation, Plaintiff erred factual slue pleading is instant Valerie R , it is hereby specifically de Defendant are in l wa Zirnrnernlan's right to recover need. By Responsibility Y limited by an damages Y Lau 3 section ofthe p caused b Pennsylvania by the nnsylVania Motor Vehicle Financial ANGINA & w •alr, P.C• 4 art • adlo A 4• N. 81 , Squire ront Street Harrisburg,238-6791 A., 17110 rsadlock @an i Counsel for g ner•com Plaintiff ntiff 546660 VERIFICATION I, VALERIE ZIMMERMAN, do hereby swear and affirm that the facts set forth in the foregoing ANSWERS TO REQUEST FOR ADMISSIONS is true and correct to the best of our knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unswom falsification to authorities. WITNESS: 47/,-(=, /I/1 /i //44,--: VALERI f&MERMAN Dated: Q ;2_. lU / 203648 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 PLAINTIFF'S REPLY TO DEFENDANT'S REQUEST FOR ADMISSIONS upon all counsel of record via postage prepaid first class United States mail addressed as follows: Laurie B. Tilghman, Esquire Law Offices of Twanda Turner-Hawkins Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 I // IA Michelle M. Milojevich Dated: 2/25/14 546660 .' o - 20111HAR 19 PH 1: 59 CUMBERLAND COUNTY ANGINO & ROVNER, P.C. Richard A. Sad lock 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 VALERIE R. ZIMMERMAN : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 13 -7119 BRENDA ASKEY, Defendant : JURY TRIAL DEMANDED PR.AECIPE FOR.WITHDRAW /ENTRY OF COUNSEL Please withdraw the appearance of Richard A. Sadlock, Esquire as counsel of record for Plaintiff in this action. 549546 ANGINO & ROVNER AI.D. 1 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 rsadlock@angino-rovner.com Counsel for Plaintiff squire ENTRY OF APPEARANCE Please enter the appearance of David L. Lutz, Esquire as counsel of record on behalf of Plaintiff in this action. Ark GINO & ROVNER, P.C. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 — phone (717) 238 -5610 — fax dlutz @angino- rovner.com Attorney for Plaintiff 549546 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 WITHDRAW /ENTRY OF APPEARANCE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Laurie B. Tilghman, Esquire Law Offices of Twanda Turner - Hawkins Iron Run Corporate Center 7535 Windsor Drive, Suite 101 -B Allentown, PA 18195 Michelle M. Milojevich Dated: 3 // 549546 0244526042.1 - LAW O1-41-'10ES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 VALERIE R. ZIMMERMAN, Plaintiff vs. BRENDA ASKEY, Defendant ATTORNEY FOR DEFENDANT(S) Brenda Askey COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-7119 W� --; CD 1,0 CERTIFICATE OF SERVICE I, Laurie B. Tilghman, Esquire, hereby certify that a true and correct copy of the attached Deposition Notice directed to Plaintiff, Valerie R. Zimmerman, was served this date by United States Mail, First Class, postage prepaid, upon: David Lutz, Esq. 4503 N Front St Harrisburg, PA 17110 Cumberland County Court of Common Pleas Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Brenda Askey Date: Friday, May 16, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VALERIE ZIMMERMAN c• Vs. NO. 13-7119 rn' 1'7► BRENDA ASKEY =rn C 7.2D G3 isrrt CERTIFICATE - --' co .f .r CD Z, r -7 PREREQUISITE TO SERVICE OF A SUBPOENA > c3 = c<a PURSUANT TO RULE 4009.22 =' h' 4 r" CD ,fl' As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 LAURIE B TILGHMAN, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 08/07/14 co\--JVq- MLR File #: R424699 LAURIE B TILGHMAN, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 610-398-5480 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 By: Susan Tyre IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VAIERIE ZIMMERMAN Vs. BRENDA ASKEY TO: DAVID LUTZ, ESQ (PLAINTIFF) No. 13-7119 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 08/07/14 Enc (s) : Copy of subpoena(s) Counsel return card File #: R424699 LAURIE B TILGHMAN, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VALERIE ZIMMERMAN Vs.File No. 13-7119 BRENDA ASKEY ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ORTHO INST OF PA, 3399 TRINDLE RD, CAMP HILL PA 17011 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents o(SngATTACIIED -ADDENDUM at MEDICAZ, LEGAL xiri{U,uuCrIONS, ISC, 4940 DisSTON b.., rHILA. , PA (Address) You may deliver or mail legible copies of the documents or produce things requested h', this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea,onabl€ cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court orde;- cxxmpe 11 i ng you to camp l y with i t . THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: LAURIE B TILGHMAN, ESQ NAME: 7535 WINDSOR DR ADDRESS: ALLENTOWN, PA 18195 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DEFENDANT 215-335-3212 R424699-01 DATE: 619111)( Seal of•the Court BY THE y/C1: k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA VALERIE ZIMMERMAN Vs. BRENDA ASKEY No. 13-7119 CUSTODIAN OF RECORDS FOR: ORTHO INST OF PA ANY AND ALL DIAGNOSTIC STUDIES INVOLVING THE LUMBAR SPINE. INCLDE CORRESPONDING RADIOLOGY REPORTS, COMPLETED PATIENT REGISTRATION, HISTORY AND INSURANCE FORMS. ALL STUDIES PREFERRED ON CD. MRN 16430. PERTAINING TO: NAME: VALERIE ZIMMERMAN ADDRESS: 5427 JONESTOWN RD HARRISBURG PA DATE OF BIRTH: 04/04/86 SSAN: XXXXX2250 ORIGINAL X-RAYS REQUESTED 7 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND R424699-01 ORTHO INST OF PA * * * SIGN AND RETURN THIS PAGE * * , VALERIE ZIMMERMAN Vs. BRENDA ASKEY COMMONWEALTH OFF SYLVA k COUNTY OF CUMBERLAND File No. 13-7119 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR TH 1 NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ORTHO & SPINE SPEC HLTH, 1855 POWDER MILL RD, YORK PA 17402 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo 1 1 owi ng documents orsnEE ATTACIIED ADDENDUM MEDICAL LEGAL R]r:PROIIULLIONS, INC:, 4940 lifBSiON ST., PR11.1A. , PA (Address) You may deliver or mail legible copies of the documents or produce things requested to this subpoena, together with the certificate of crump i i ance , to the party making thi request at the address listed above. You have the right to seek in advance the rea.onablr cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving th i h subpoena may seek a court order co pelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: LAURIE B TILGHMAN, ESQ NAME: ADDRESS: TELEPHONE: 7535 WINDSOR DR ALLENTOWN,-PA 18195 SUPREME COURT ID # ATTORNEY FOR: R424699-02 DATE: 215 335 3212 DEFENDANT PPY Seal of the Court BY THE C URT : Pro —.0110y/C1 ^k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA gVALEFLIE ZIMMERMAN Vs. BRENDA ASKEY No. 13-7119 CUSTODIAN OF RECORDS FOR: ORTHO & SPINE SPEC HLTH ANY AND ALL DIAGNOSTIC STUDIES INVOLVING THE CERVICAL SPINE.INCLUDE CORRESPONDING RADIOLOGY REPORTS, COMPLETED PATIENT REGISTRATION, HISTORY AND INSURANCE FORMS. ALL STUDIES PREFERRED ON CD. MRN 127666. PERTAINING TO: NAME: VALERIE ZIMMERMAN ADDRESS: 5427 JONESTOWN RD HARRISBURG PA DATE OF BIRTH: 04/04/86 SSAN: XXXXX2250 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND R424699-02 ORTHO & SPINE SPEC HLTH * * * SIGN AND RETURN THIS PAIGE COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND VALERIE ZIMMERMAN Vs.File No. 13-7119 BRENDA ASKEY ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ARLINGTON ORTHO, 805 SIR THOMAS CT, HARRISBURG PA 17109 TO: (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or ElegATTACIIED- ADDENDUM at MEDICAL LEGAL 1fErKUDuLTIONS, INC, 4940 DISSTON ST., PHILA., PA (Address) You may deliver or mail legible copies of the documents or produce things requested h this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin; subpoena may seek a court orde- cxipe11 ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: LAURIE B TILGHMAN, ESQ NAME: ADDRESS: 7535 WINDSOR DR ALLENTOWN, PA 18195 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: R424699-03 DATE: V / DEFENDANT Seal of" the Court BY THE Pro ?� tary/C erk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA VALERIE ZIMMERMAN Vs. BRENDA ASKEY No. 13-7119 CUSTODIAN OF RECORDS FOR: ARLINGTON ORTHO ANY AND ALL DIAGNOSTIC STUDIES INVOLVING THE CERVICAL SPINE.INCLUDE CORRESPONDING RADIOLOGY REPORTS, COMPLETED PATIENT REGISTRATION, HISTORY AND INSURANCE FORMS. ALL STUDIES PREFERRED ON CD. MRN 1014357. PERTAINING TO: NAME: VALERIE ZIMMERMAN ADDRESS: 5427 JONESTOWN RD HARRISBURG PA DATE OF BIRTH: 04/04/86 SSAN: XXXXX2250 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND R424699-03 ARLINGTON ORTHO * * * SIGN AND RETURN THIS PAGE * * * RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Receipt Date 8/04/2014 Carlisle, Pa 17013 Receipt Time 14:56:10 Receipt No. 309391 Case Number 2014-99999 (VS) Received of PD BY MEDICAL LEGAL BH Total Non -Cash + 10.50. Check# 35675 Total Cash + .00 Change - .00 Receipt total = $10.50 Distribution Of Payment Transaction Description Payment Amount SUBPOENA 10.50 CUMBERLAND CO GENERAL FUND $10.50 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VALERIE ZIMMERMAN Vs. c, C:= BRENDA ASKEY c: -4 "Tu? - r- 7: r' -1 -4 - -17)rn Cr) CD C3 TD .P" - :n CD As a prerequisite to service of a subpoena(s) for documents and thirigs pursuant to Rule 4009.22 LAURIE B TILGHMAN, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A. copy of the Notice of Intent, including the_proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). NO, 13-7119 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 Date: 09/25/14 MLR File #: R426248 LAURIE B TILGHMAN, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 610-398-5480 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 By: Susan Tyre IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VALERIE ZIMMERMAN Vs. BRENDA ASKEY TO: DAVID LUTZ, ESQ (PLAINTIFF) No. 13-7119 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a the one(s) attached to this notice. from the date listed below in which the undersigned an objection to the made the Subpoena may be served. Date: 09/25/14 Ene(s): Copy of subpoena(s) Counsel return card File #: R426248 subpoena(s) identical to You have twenty (20) days to file of record and serve upon subpoena. If no objection is LAURIE B TILGHMAN, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre VALERIE ZIMMERMAN Vs. BRENDA ASKEY COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 13-7119 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROOUCE DDCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ORTHO INST OF PENNA, 3399 TRINDLE RD, CAMP HILL PA 17011 T0: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents ors,41-1 rugNTTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTioNs, INC, 4940 DISSTON (Address) You :may deliver or mail legible copies of the documents or produce things requested this subpoena,- together with the certificate of compliance, to the party making thiz request at the address listed above. You have the right to seek in advance the reaonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thiI subpoena may seek a court orde,- oampelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAWZIE B TILGHMAN, ESQ ADDRESS: 7535 WINDSOR DR ALLENTOWN,PA 18195 215 335 3212 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: R426248:01 DEFENDANT BY THE COURT: IfiLL Prothonotary/Clerk, Civil Division (Eff. 7 7) ADDENDUM TO SUBPOENA VALERIE ZIMMERMAN Vs. BRENDA ASKEY No. 13-7119 CUSTODIAN OF RECORDS FOR : ORTHO INST OF PENNA ANY AND ALL DIAGNOSTIC STUDIES INVOLVING THE LUMBAR SPINE INCLUDING CORRESPONDING RADIOLOGY REPORTS, COMPLETED PATIENT REGISTRATION, HISTORY AND INSURANCE FORMS, ALL DIAGNOSTIC STUDIES PREFERRED ON CD. MRN: 16430 PERTAINING TO: NAME: ADDRESS: DATE OF BIRTH: SSAN: VALERIE ZIMMERMAN 5427 JONESTOWN RD HARRISBURG PA 05/18/89 XXXXX2250 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN 11 RECURDSAREATTACIIEDILEKETO: 1 hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: 1 hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS Date CUMBERLAND R426248-01 ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Authorized signature for ORTHO INST OF PENNA *** SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VALERIE ZIMMERMAN Vs. File No. 13-7119 BRENDA ASKEY ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ARLINGTON ORTHOPEDIC, 805 SIR THOMAS CT, HARRISBURG PA 17109 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orstk.ii, rE.9NTTACIIED ADDENDUM at MEDICAL LEGAL IREPRODUC110Mb, INC, 4940 DISSTON (Address) You may deliver or mail legible copies of the documents or produce things requested this subpoena, together with the certificate of compliance, to the party making thiz request at the address listed above. You have the right to seek in advance the rea,3onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thir; subpoena may seek a court orde-• oolipelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: LAURIE B TILGHMAN, ESQ NAME: ADDRESS: 7535 WINDSOR DR TELEPHONE: ALLENTOWN, PA 18195 SUPREME COURT ID # 21 335 3212 ATTORNEY FOR: DEFENDANT R426248-02 DATE: Seal of he Court BY THE COURT: .11kagle Prothonotary/Clerk, CP/11 Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA VALERIE ZIMMERMAN Vs. BRENDA ASKEY No. 13-7119 CUSTODIAN OF RECORDS FOR: ARLINGTON ORTHOPEDIC ANY AND ALL DIAGNOSTIC STUDIES INVOLVING THE CERVICAL SPINE, INCLUDING CORRESPONDING RADIOLOGY REPORTS, COMPLETED PATIENT REGISTRATION, HISTORY AND INSURANCE FORMS. ALL DIAGNOSTIC STUDIES PREFERRED ON CD. MRN: 1014357 PERTAINING TO: NAME: VALERIE ZIMMERMAN ADDRESS: 5427 JONESTOWN RD HARRISBURG PA DATE OF BIRTH: 05/18/89 SSAN: XXXXX2250 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [1 RECORDSAREATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ 1 NODOCUMEWSAVALLABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND R426248-02 ARLINGTON ORTHOPEDIC *** SIGN AND RETURN THIS PAGE ***