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HomeMy WebLinkAbout14-0792 Supreme Col nnsylvania COU ' of- C_o mo leas For Prothonotary Use Only: C vilCbvr Shut Docket No: rlt�f `S7'1 CUMBERLAND �� 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 of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S I@ Complaint ® Writ of Summons Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: CHAD ZEASER VISALSAMBATH SAO T Dollar Amount Requested: C1 within arbitration limits I Are money damages requested? El Yes 0 No (check one) [@ outside arbitration limits i0 N Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? ❑ Yes El No A Name of Plaintiff /Appellant's Attorney: Richard E. Freeburn, Esquire Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional © Buyer Plaintiff Administrative Agencies ®- Malicious Prosecution © Debt Collection: Credit Card 0 Board of Assessment ®x Motor Vehicle © Debt Collection: Other [3 Board of Elections Nuisance Dept. of Transportation Premises Liability 8 Statutory Appeal: Other i S [3 Product Liability (does not include E mass tort) El Employment Dispute: Discrimination © Slander/Libel/ Defamation © C ©Other: Employment Dispute: Other E3 Zoning Board T , © Other: I 0 Other: O MASS TORT Asbestos N [:1 Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS © Toxic Waste Other: Ejectment Q Common Law /Statutory Arbitration B Q Eminent Domain /Condemnation ® Declaratory Judgment 0 Ground Rent Mandamus i3 Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial Quo Warranto 0 Dental Partition O Replevin Q Legal Quiet Title 0 Other: 0 Medical ® Other: ® Other Professional: Updated 1/112011 CHAD ZEASER AND IN THE COURT OF COMMON PLEAS TAMMY ZEASER, CUMBERLAND COUNTY, ENNSYLVANIA Plaintiffs NO. V. CIVIL ACTION - LAW VISALSAMBATH SAO, c; , Defendant d NOTICE ; C � `D i -:; �. o . crs r` j r YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims �rth 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 OR CANNOT AFFORD ONE, 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 PROVIDEf'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 PA 17013 800 - 990 -9108 Richc4d E, Freeburn, Esquire ID No. 30965 FREEBURN & HAMILTON, PC 2040 Linglestown Road, Ste. 300 Harrisburg PA. 17110 (717) 671 -1955 Date: 02/10/14 Attorney for Plaintiff CHAD ZEASER AND IN THE COURT OF COMMON PLEAS TAMMY ZEASER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. CIVIL ACTION - LAW VISALSAMBATH SAO, Defendant NOTICE USTED HA SIDO DEMANDADO /A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED 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 32 S. Bedford Street Carlisle PA 17013 800 - 990 -9108 1 \ zf Richa d E. Freeburn, Esquire ID No. 30965 FREEBURN & HAMILTON, PC 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671 -1955 Date: 02/10/14 Attorney for Plaintiff Richard E. Freebum, Esquire FREEBURN & HAMILTON ID No. 30965 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671 -1955 Attorney for Plaintiffs freebum @pa - injurylawyer.com CHAD ZEASER AND IN THE COURT OF COMMON PLEAS TAMMY ZEASER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. CIVIL ACTION - LAW VISALSAMBATH SAO, Defendant COMPLAINT AND NOW come Plaintiffs, Chad Zeaser and Tammy Zeaser, by their attorneys, Freeburn & Hamilton, PC, and file the following Complaint: 1. Plaintiff, Chad Zeaser, and his wife, Tammy Zeaser, are adult individuals who reside at 1104 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Visalsambath Sao, is an adult individual who resides at 309 Skyport Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about June 21, 2012 at approximately 8:41 a.m. on Creekview Road at the PA Rte. 581 ramp in Hampden Township, Cumberland County, Pennsylvania. 4. At or about that time and place, Plaintiff, Chad Zeaser was operating his automobile in a westerly direction on Creekview Road. 5 At or about that time and place, Defendant, Visalsambath Sao, was operating his automobile in an easterly direction on Creekview Road. 6. At or about that time and place, Defendant made a left -hand turn directly into the path of the vehicle operated by Plaintiff, Chad Zeaser, striking the front driver side of Plaintiffs' vehicle. 7. The foregoing collision and all of the injuries and damages set forth hereinafter suffered by Plaintiffs, Chad Zeaser and Tammy Zeaser, are the direct and proximate result of the negligent and reckless manner in which Defendant, Visalsambath Sao, operated his automobile as set forth above and as follows: a. In operating his vehicle at an excessive rate of speed under the circumstances, and /or without due regard to road and /or weather conditions; b. In failing to have his vehicle under proper and adequate control; C. In failing to apply his brakes in time to avoid the collision; d. In negligently applying his brakes; e. In failing to observe Plaintiffs' vehicle on the highway; f. In failing to operate his vehicle in accordance with existing traffic conditions-and traffic controls; g. In permitting or allowing the vehicle to strike and collide with the front of the vehicle operated by Plaintiff; h. In failing to exercise the high degree of care required of a motorist making a left turn; i. In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; j. In failing to properly observe traffic signals controlling Defendant's direction of travel; k. In failing to keep a reasonable look -out for other vehicles lawfully on the road; I. In failing to yield the right -of -way to traffic already upon the highway; M. In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; 2 n. In turning in such a manner not consistent with the road an&weather conditions prevailing at the time; o. In turning in such a manner as to endanger other vehicles on the highway; P. In failing to observe oncoming traffic; q. In proceeding to turn when such movement could not be made safely; r. In failing to keep a proper lookout for approaching vehicles; S. In failing to yield the right -of -way to oncoming traffic; t. In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; and U. In failing to keep vehicle within the proper lane. 8. Defendant's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, which is intended to protect persons lawfully on the highway such as Plaintiff, Chad Zeaser, from personal injury, and thus constitutes negligence per se. 9. Plaintiffs are entitled to recover non- economic damages because, among other I reasons, at the time of this collision, they were insureds under an automobile insurance policy that provided the full tort option. COUNT I Chad Zeaser, Plaintiff v. Visalsambath Sao, Defendant 10. Paragraphs 1 -9 are incorporated herein by reference thereto. 11. By reason of the aforesaid collision, Plaintiff suffered painful and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, head, left hand and right knee injuries. 12. By reason of the aforesaid collision and injuries, Plaintiff suffered a heightened possibility that he will suffer other or additional injury in the future, and claim is made therefore. 3 13. The aforesaid collision and injuries suffered by Plaintiff may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 14. By reason of the aforesaid collision and injuries, Plaintiff has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose his injuries and to restore him to health, and claim is made therefore. 15. Plaintiff has not fully recovered from his injuries and it is reasonably likely that he will incur similar expenses in the future, and claim is made therefore. 16. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss of earnings and earning capacity and is entitled to . recover the value of. the time, earnings and employment benefits he has lost and which he might reasonably have earned in the pursuit of his ordinary calling, and claim is made therefore. 17. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss or impairment of future earning capacity, and claim is made therefore. 18. By reason of the aforesaid collision and injuries, Plaintiff has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 19. By reason of the aforesaid collision and injuries, Plaintiff has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 20. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe humiliation, embarrassment, shame, worry and anger. 4 21. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 22. By reason of the aforesaid collision and injuries, Plaintiff will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 23. By reason of the aforesaid collision and injuries, Plaintiff has been deprived his enjoyment of the pleasures of life. 24. By reason of the aforesaid collision and injuries, Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 25. By reason of the aforesaid collision and injuries, Plaintiff has suffered a disfigurement, and claim is made therefore. WHEREFORE, Plaintiff, Chad Zeaser, demands judgment in his favor and against Defendant, Visalsambath Sao, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II - LOSS OF CONSORTIUM Tammy Zeaser, Plaintiff v. Visalsambath Sao, Defendant 26. Paragraphs 1 -25 are incorporated herein by reference thereto. 27. As a result of the aforementioned injuries suffered by her husband, Chad Zeaser, Plaintiff, Tammy Zeaser, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of her husband, all of which will be of great detriment, and claim is made therefore. 5 28. As a result of the aforementioned injuries suffered by her husband, Chad Zeaser, Plaintiff, Tammy Zeaser, has incurred expenses and /or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose his injuries' and to restore him to health, and claim is made therefore. WHEREFORE, Plaintiff, Tammy Zeaser, demands judgment in her favor and against Defendant, Visalsambath Sao, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & PC, By: Richard E. Preeburn, Es ire I.D. No. 30965 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671 -1955 Date: 02/10/14 Counsel for Plaintiffs 6 . w VERIFICATION We hereby verify that the statements in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 61 aI- Chad Zeas -d4 A A 4 Tammy Zea t i { i t i I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ui ar ray 1HE R 0 H 0 I Jody S Smith i' Chief Deputy 1+FEB $ 3: Richard W Stewart CUMBERLAND C8UN7P:' Solicitor PENNSYLVANIA Chad Zeaser vs. Case Number Visalsambath Sao 2014-792 SHERIFF'S RETURN OF SERVICE 02/21/2014 11:01 AM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Visalsambath Sao at 309 Skyport Road, Hampden Township, Mechanicsburg, PA 17050. RYAN BURGE , TY SHERIFF COST: $39.79 SO ANSWERS, February 25, 2014 RONR ANDERSON, SHERIFF ,_g 741 10 TIMOTHY J. McMAHON, ESQUIRE ID No: 52918 Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Telephone: (717) 651-3505 Facsimile: (717) 651-3707 tjmcmahon(dmdweg.com Attorney for Defendant THE PROTHONO 20I11 MAR 13 Ail 8: 1 3 CUMBERLAND COUNTY • PENNSYLVANIA CHAD ZEASER and TAMMY ZEASER, Plaintiffs v. VISALSAMBATH SAO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO, 14-792 CIVIL JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of Defendant, VISALSAMBATH SAO, with respect to the above-referenced matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEM & GOGGIN Timoth J. ahon, Esquire I.D. No. 529 8 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505 Dated: March 13, 2014 CERTIFICATE OF SERVICE 1, Barbara E. Steel, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 13th day of March, 2014, I served a copy of the Entry of Appearance, via First Class United States mail, postage prepaid as follows: Richard E. Freeburn, Esquire Freeburn & Hamilton, P.C. 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 Barbara E. S ee TIMOTHY J. McMAHON, ESQUIRE ID No: 52918 Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Telephone: (717) 651-3505 Facsimile: (717) 651-3707 tjmcmahon(a,mdwcg.com Attorney for Defendant _ OF PROTLIONO P /: 2 6 CUNBERL A ND COUNTY PENNS YL NIA CHAD ZEASER and TAMMY ZEASER, Plaintiffs V. VISALSAMBATH SAO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 14-792 CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Chad Zeaser and Tammy Zeaser, Plaintiffs c/o Richard E. Freeburn, Esquire Freeburn & Hamilton, P.C. 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Dated: 2- fq-ig 05/1184869.v1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Timoth on, Esquire I.D. No. 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505 TIMOTHY J. McMAHON, ESQUIRE ID No: 52918 Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Telephone: (717) 651-3505 Facsimile: (717) 651-3707 tjmcmahon@mdweg.com Attorney for Defendant CHAD ZEASER and TAMMY ZEASER, Plaintiffs V. VISALSAMBATH SAO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO, 14-792 CIVIL JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT 1 Admitted in part; denied in part. It is admitted only that Plaintiffs are who they say they are. The remaining allegations set forth in this paragraph are denied because Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth thereof and accordingly these allegations are otherwise denied and proof thereof is demanded to the extent relevant. 2. Admitted. 3. Admitted in part; denied in part. It is admitted only that a motor vehicle accident occurred on or about June 21, 2012 at or near the intersection of Creekview Road and Pennsylvania Route 581 in Hampden Township, Cumberland County Pennsylvania, as alleged. All remaining allegations set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029 and proof thereof is demanded to the extent relevant. 05/1184869.v1 4. Denied. The allegations set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029 and proof thereof is demanded to the extent relevant. 5. Admitted. 6. Admitted in part; denied in part. It is admitted only that Defendant Sao made a left turn from Creekview Road as alleged. The remaining allegations set forth in this paragraph are denied in accordance with Pa. R.C.P. 1029. 7. Denied. The allegations set forth in this paragraph, together with its subparts (a) through (u) are denied as conclusions of law within the meaning of Pa. R.C.P. 1029 and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 8. Denied. The allegations set forth in this paragraph are denied on the basis that these allegations constitute conclusions of law to which no further responses are required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 9. Denied. The allegations set forth in this paragraph are denied on the basis that these allegations constitute conclusions of law to which no further responses are required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. COUNT I Chad Zeaser, Plaintiff V. Visalsambath Sao, Defendant 10. Defendant incorporates by reference his responses to paragraphs 1 through 9 above as if set forth at length herein. 11. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 05/1184869.v1 12. Denied. The 'allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 13. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 14. Denied. The allegations set forth law to which no further response is required and proof thereof is demanded to the extent relevant. 15. Denied. The allegations set forth law to which no further response is required and proof thereof is demanded to the extent relevant. 16. Denied. The allegations set forth law to which no further response is required and proof thereof is demanded to the extent relevant. 17. Denied. The allegations set forth law to which no further response is required and proof thereof is demanded to the extent relevant. 18. Denied. The allegations set forth law to which no further response is required and proof thereof is demanded to the extent relevant. 05/1184869.v1 in this paragraph are denied as conclusions of accordingly these allegations are denied and in this paragraph are denied as conclusions of accordingly these allegations are denied and in this paragraph are denied as conclusions of accordingly these allegations are denied and in this paragraph are denied as conclusions of accordingly these allegations are denied and in this paragraph are denied as conclusions of accordingly these allegations are denied and 19. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 20. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 21. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 22. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 23. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 24. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 25. Denied. The allegations set forth in this paragraph are denied as conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 05/1184869.v1 WHEREFORE, Defendant Visalsambath Sao demands judgment in his favor and against Plaintiff Chad Zeaser together with such other relief as this Court shall deem appropriate. COUNT II — LOSS OF CONSORTIUM Tammy Zeaser, Plaintiff V. Visalsambath Sao, Defendant 26. Defendant incorporates by reference his responses to paragraphs 1 through 25 above as if set forth at length herein. 27. Denied. The allegations set forth in this paragraph are denied on the basis that these allegations constitute conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. 28. Denied. The allegations set forth in this paragraph are denied on the basis that these allegations constitute conclusions of law to which no further response is required and accordingly these allegations are denied and proof thereof is demanded to the extent relevant. WHEREFORE, Defendant Visalsambath Sao demands judgment in his favor and against Plaintiff Tammy Zeaser together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFFS 29. Plaintiffs' Complaint fails to state a cause of action as against Defendant upon which relief may be granted as a matter of law. 30. Defendant breached no duty of care owed to Plaintiffs under the material and well pleaded circumstances set forth in Plaintiffs' Complaint. 31. Plaintiffs' claims may be barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 05/11 84869.v l 32. Plaintiffs' claims may be barred and/or limited by the Doctrines of Res Judicata_ and /or Collateral Estoppel, if and as applicable. 33. Plaintiffs' claims may be barred and /or limited by Plaintiffs' failure to have mitigated their damages required by law. 34. Plaintiffs' injuries and damages, all such injuries and /or damages being expressly denied, may have been caused in whole or in part by acts and /or omissions on the part of persons and/or entities other than Defendant and concerning which Defendant had neither control nor right of control as a matter of law. 35. Defendant reserves his right to raise one or more of those defenses preserved at Pa. R.C.P. 1030. 36. Plaintiffs' claims may be barred and /or limited by Plaintiffs' contributory and/or comparative negligence. WHEREFORE, Defendant Visalsambath Sao demands judgment in his favor and against Plaintiffs, together with such other relief as the Court shall deem appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Timothy J. McMahon, Esquire I.D. No. 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651 -3505 Dated: 3 -19 - 1 LI 05/1184869.v 1 VERIFICATION I, Visalsambath Sao, Defendant herein, verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Visalsambath Sao 05/1184869.v1 CERTIFICATE OF SERVICE I, Barbara E. Steel, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this I I day of March, 2014, I served a copy of the foregoing Answer with New Matter, via First Class United States mail, postage prepaid as follows: Richard E. Freeburn, Esquire Freeburn & Hamilton, P.C. 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 Attorney for Plaintiffs 05/1184869.v1 az=d2 Barbara E. Steel Richard A. Sad lock, Esquire FREEBURN & HAMILTON, PC ID No. 311942 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 rsadlock@freebumlaw.com -OFFICE TriE PROTHONOTAR t 201411AR 31 PH 1: 5 1 CUMBERLAND COUNTY PENNSYLVANIA 4 CHAD ZEASER AND TAMMY ZEASER, Plaintiffs V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-792 : CIVIL ACTION - LAW VISALSAMBATH SAO, Defendant PRAECIPE TO SUBSTITUTE APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please substitute the appearance of the undersigned as counsel on behalf of the Plaintiffs in the above-captioned matter. Date: 03/28/14 Respectfully Submitted, FREEBURN & HAMILTON, PC 2 n Rd., Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Counsel for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of a Praecipe to Substitute Appearance was duly served on the 28th day of March, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Timothy J. McMahon, Esquire MARSHALL DENNEHEY 100 Corporate Center Drive, Ste. 201 Camp Hill PA 17011 BY: Georgianne J. Hess, sistant to Richard A. Sadlock, Esquire Attorney ID. #47281 FREEBURN & HAMILTON 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Dated: 03/28/14 Attorney for Plaintiffs Richard A. Sadlock, Esquire FREEBURN & HAMILTON ID No. 47281 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671 -1955 rsadlock@freebumlaw.com L) -h. 1' i` S'L•: iE PROT HOfd J TA R 2014 MAR 3 I PM I: S i CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiffs CHAD ZEASER AND TAMMY ZEASER, Plaintiffs v. VISALSAMBATH SAO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 -792 CIVIL ACTION - LAW REPLY TO NEW MATTER AND NOW, come Plaintiffs, Chad Zeaser and Tammy Zeaser, by their attorneys, Freeburn & Hamilton, PC, and file the following Reply to New Matter: 29. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. 30. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. By way of further reply, Plaintiffs specifically deny that Defendant breached no duty of care owed to Plaintiffs under the material and well pleaded circumstances set forth in Plaintiffs' Complaint. Plaintiffs incorporate herein by referenced thereto each and every allegation contained in their Complaint as though set forth in their entirety. 31. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. 32. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. 33. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. By way of further reply, Plaintiffs specifically deny that they failed to mitigate their damages. 34. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. By way of further reply, Plaintiffs specifically deny that their injuries and damages were caused, in whole or in part, by acts and/or omissions of persons and/or entities other than Defendant. 35. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. 36. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact the same are specifically denied. By way of further reply, Plaintiffs specifically deny that they were contributorily and/or comparatively negligent. WHEREFORE, Plaintiffs request that this Honorable Court dismiss Defendant's New Matter, and enter judgment in their favor and against Defendant, Visalsambath Sao, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 2 B Respectfully Submitted, FREEBURN & HAMILTO lock, Esquire 7281 0 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671 -1955 Date: 03/28/14 Counsel for Plaintiffs 3 VERIFICATION We hereby verify that the statements in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Tammy Zeaser CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs' Reply to New Matter was duly served on the 28th day of March, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Timothy J. McMahon, Esquire MARSHALL DENNEHEY 100 Corporate Center Drive, Ste. 201 Camp Hill PA 17011 BY: Georgianne J. Hess ssistant to Richard A. Sadlock, squire Attorney I.D. #47281 FREEBURN & HAMILTON 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671 -1955 Dated: 03/28/14 Attorney for Plaintiffs TIMOTHY J. McMAHON, ESQUIRE ID No: 52918 Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Telephone: (717) 651-3505 Facsimile: (717) 651-3707 tjmcmahon@mdwcg.com Attorney for Defendant CHAD ZEASER and TAMMY ZEASER, Plaintiffs v. VISALSAMBATH SAO, Defendants 2011. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 14-792 CIVIL JURY TRIAL DEMANDED MOTION OF DEFENDANT VISALSAMBATH SAO TO COMPEL SPECIFIC DISCOVERY RESPONSES FROM PLAINTIFF CHAD ZEASER 1. Plaintiff Chad Zeaser instituted this action by filing a Complaint on February 14, 2. Defendant Visalsambath Sao, through his counsel, filed an Answer with New Matter to Plaintiffs' Complaint on March 21, 2011. 3. Under correspondence of April 16, 2012, counsel for Defendant Sao directed Interrogatories to Plaintiff Chad Zeaser and a Request for Production of Documents Addressed to Plaintiffs collectively. A copy of counsel's correspondence of April 16, 2012 is attached hereto as Exhibit "A". 4. Among the documents and things requested by Defendant of Plaintiffs is the following: 05/1238078.v 1 "To the extent not already provided in response to one or more of the foregoing Requests, copies of your individual and, if applicable, joint tax returns filed with the United States Department of Revenue, Internal Revenue Service, and Commonwealth of Pennsylvania for tax years 2008 up and through the present." (Defendants' Request for Production of Documents and Things, Item Number 13). 5. No substantive response has been forthcoming with regard to that Request. 6. Plaintiff, in the Complaint, has alleged claims for both past and future wage losses and thus Plaintiffs' tax returns are relevant and discoverable and necessary for Defendant to prepare its defenses in this matter generally and including, more particularly, to prepare for the deposition of Plaintiff Chad Zeaser. 7. Among the Interrogatories directed to Plaintiff Chad Zeaser are Interrogatories numbered 23, 28, 29 and 30, all of which have been answered as follows: "To be supplemented as appropriate" when these discovery responses were received in late May 2014. 8. Similarly, Interrogatories 26 and 27 directed to Plaintiff Chad Zeaser have been answered in part as: "To be supplemented as appropriate." A true and correct copy of Defendant's Interrogatories Addressed to Plaintiff Chad Zeaser with Chad Zeaser's Answers attached thereto are attached hereto as Exhibit "B". 9. Defendant is entitled to substantive responses to Interrogatories 23, 26, 27, 28, 29 and 30 and the Responses that have been provided by Plaintiff Chad Zeaser are inadequate and impair Defendant's ability to prepare his defenses in this matter generally and specifically to prepare for the discovery deposition of Plaintiff Chad Zeaser. 10. Counsel for Plaintiffs has noticed the discovery deposition of Defendant Visalsambath Sao for July 28 and has requested and/or suggested that Plaintiff Chad Zeaser be deposed on the same date. 05/1238078.v1 11. Counsel for Defendant Visalsambath Sao would like to conduct the discovery deposition of Plaintiff Chad Zeaser on July 28, but requires the tax returns as set forth above together with substantive responses to Interrogatories 23, 26, 27, 28, 29 and 30 in order to conduct a meaningful deposition of Chad Zeaser. 12. Accordingly, Defendant Visalsambath Sao respectfully requests that this Honorable Court enter a Rule to Show Cause in the form attached hereto concerning these outstanding written discovery items. 13. Upon receipt of Plaintiffs' written discovery responses, and specifically on June 3, 2014, counsel for Defendant requested more specific responses to the above described items of discovery from Plaintiffs' counsel and received only a partially substantive response. Attached hereto as Exhibit "C" is an exchange of email communications between Plaintiffs' counsel and defense counsel on June 3, 2014. Accordingly, Defendant has attempted to avoid the necessity of filing this Motion to Compel and, based upon the response of Plaintiffs' counsel, represents that Plaintiffs' counsel does not concur with the requested relief for the purposes of Local Rule 208.2(d). Dated: 05/1238078.v1 Lulu f'7, o 0 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLE AN & GOGGIN V/ Tim . th ' J. j Mahon, Esquire I.D. No. 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717).651-3505 EXHIBIT "A" MARSHALL DENI N E H EY WARNER COLEMAN & GOGGIN 'ATTORNEYS -AT -LAW tWWWMARSHALLDENNEHEY.COM: A PROFESSIONAL CORPORATION 100 Corporate Center Drive, Suite 201 • Camp Hill, PA 17011 (717) 651-3500 • Fax (717) 651-3707 Direct Dial: 717-651-3505 Email: tjmcmahon@mdwcg.com April 16, 2014 Richard A. Sadlock, Esquire Freeburn & Hamilton, P.C. 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 Re: Chad Zeaser and Tammy Zeaser v. Visalsambath Sao No. 14-792 Civil — Cumberland County Court of Common Pleas MDWCG File No. 13166.00923 Dear Mr. Sadlock: PENNSYLVANIA Bethlehem Doylestown Erie Harrisburg King of Prussia Philadelphia Pittsburgh Scranton NEW JERSEY Cherry Hill Roseland DELAWARE Wilmington OHIO Cleveland FLORIDA Ft. Lauderdale Jacksonville Orlando Tampa NEW YORK Long Island New York City Enclosed please find Interrogatories addressed separately to Plaintiff Chad Zeaser and Plaintiff Tammy Zeaser. Also enclosed is a Request for Production of Documents addressed to Plaintiffs. Sincerely, TJM/bes Enclosures 05/1208960 vI EXHIBIT "B" Richard A. Sadlock, Esquire FREEBURN & HAMILTON ID No. 47281 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 rsadlock@freeburnlaw.com Attorney for Plaintiffs CHAD ZEASER AND TAMMY ZEASER, Plaintiffs v. VISALSAMBATH SAO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-792 : CIVIL ACTION - LAW PLAINTIFF, CHAD ZEASER'S ANSWERS TO DEFENDANT'S INTERROGATORIES By: FREEBURN & HAMILTON, PC ichard Sadlockuire I.D. #: ' 728 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 Dated: 05/22/14 Attorneys for Plaintiffs INTERROGATORIES 1. State: a. Your full name; b. Each other name, if any, which you have used or by which you have been known; c. The name of your spouse at the time of the accident and the date and place of your marriage to such spouse; d. The address of your present residence and the address of each other residence which you have had during the past five years; e. Your present occupation and the name and address of your employer; f. Date of your birth; g. Your Social Security number; h. Your military service and positions held, if any; and i. The schools you have attended and the degrees or certificates awarded, if any. ANSWER: a. Chad D. Zeaser; b. N/A; c. Tammy R. Zeaser Married on 11/04/2000 d. 1104 Cross Creek Drive, Mechanicsburg PA 17050 e. Financial Advisor, Ameriprise Financial, 4661 Trindle Road, Camp Hill PA 17011; f. DOB: 07/09/1978 g. SSN: 206-58-6037. h. None. i. Bermudian Springs H.S., 1992-1996 Shippensburg University, 1996-2000 American College, 2002-2004 CFP, 2005 CFS, 2001 Series 7 Series 66 PA Insurance 05/1193500.0 2. Identify by insurance carrier and policy number any insurance policy under which you were covered, including any excess or umbrella insurance that might be applicable to the incident in this matter. ANSWER: Erie Insurance Policy No. Q02 1906965 H See copy of declarations page attached to Plaintiffs' response to Defendant's Request for Production of Documents. 3. Identify and provide contact information for each fact witness you intend to call as a witness at the trial in this matter, and further state the substance of the facts to which each fact witness is expected to testify. ANSWER: See copy of Police Accident Report attached to Plaintiffs' response to Defendant's Request for Production of Documents. • Plaintiff reserves the right to supplement this answer. 4. If you, or someone not an expert subject to Pa.R.C.P. 4003.5, conducted any investigations of the incident, identify: a. Each person, and the employer of each person, who conducted any investigation(s); and b. All existing notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: See copy of Police Accident Report attached to Plaintiffs' response to Defendant's Request for Production of Documents. Plaintiff reserves the right to supplement this answer. 05/1193500M 5. State in detail the manner in which you assert that the incident occurred, specifying the speed, position, direction and location of each vehicle involved during its approach to, at the time of, and immediately after the collision. ANSWER: See Plaintiffs' Complaint. See copy of Police Accident Report attached to Plaintiffs' response to Defendant's Request for Production of Documents. 6. Identify and describe any reports, statements, recordings, memoranda, or testimony, whether signed or not, concerning the alleged occurrence or any claim or defense obtained by you or anyone acting on your behalf. ANSWER: See copy of Police Accident Report attached to Plaintiffs' response to Defendant's Request for Production of Documents. 7. Describe in detail the injuries sustained by you in the incident set forth in the Complaint. ANSWER: See copy of medical records attached to Plaintiffs' response to Defendant's Request for Production of Documents. 05/1193500.v I 8. State whether or not you have recovered from your injuries, and if so, the approximate date that you were not further bothered by them. ANSWER: See copy of medical records attached to Plaintiffs' response to Defendant's Request for Production of Documents. 9. If you have not recovered from your injuries,state how they are affecting you at this time. ANSWER: See copy of medical records attached to Plaintiffs' response to Defendant's Request for Production of Documents. 10. Please state whether you are claiming any of your injuries are of a permanent nature, and if so, which of said injuries. ANSWER: See copy of medical records attached to Plaintiffs' response to Defendant's Request for Production of Documents. 05/1193500.v I 11. Please state whether or not you received medical treatment for the alleged injuries, and if so, also state the following: a. The name and address of the hospital or other place of treatment and the dates you were confined therein; b. The name and address of each doctor who has attended you; c. The number of occasions on which you were examined or treated by each doctor, setting forth the dates of each examination or treatment; and d. What treatment was rendered by the various doctors, indicatingwhether said treatment was rendered at the doctor's office, at your home, in a hospital, or elsewhere. ANSWER: West Shore EMS 205 Grandview Avenue, Ste. 211 Camp Hill PA 17011. Allbettercare Urgent Care Center 6481 Carlisle Pike Mechanicsburg PA 17050-2377 Chris Turnpaugh, DC 6103 Carlisle Pike Mechanicsburg PA 17050 Drayer Physical Therapy 2250 Millenium Way, Ste. 400 Enola PA 17025 Good Hope Family Physicians 1830 Good Hope Road Enola PA 17025 Hershey Medical Center PO Box 850 Hershey PA 17033-0850 Holy Spirit Hospital 503 N. 21St Street Camp Hill PA 17011 PinnacleHealth/Tristan Radiology 4518 Union Deposit Road Harrisburg PA 17111 See copy of medical records attached to Plaintiffs' response to Defendant's Request for Production of Documents. 12. Please list any and all films taken of you, including but not limited to MM, x-ray and CT scan, with reference to the injuries alleged to have been received by you, by type and date taken. Please state when, where, by whom, and the name and address of the person now having control or custody of the films. ANSWER: See copy of medical records attached to Plaintiffs' response to Defendant's Request for Production of Documents. 13. Please state the date of your last medical treatment, care, attention and/or diagnosis by any healthcare provider who has provided medical care, attention and/or treatment to you concerning the injuries described by you and/or referenced by you in your Complaint at paragraph 11. ANSWER: See copy of medical records attached to Plaintiffs' response to Defendant's Request for Production of Documents. 14. To the extent that you remain under the care of a healthcare provider with regard to any of the injuries referenced in your Complaint at paragraph 11, indicate which healthcare provider and/or healthcare providers continue to provide you with such medical care. ANSWER: See copy of medical records attached to Plaintiffs' response to Defendant's Request for Production of Documents. 05/1193 500.v I 15. Please list the name and address of your regular family physician and/or primary care physician. ANSWER: Good Hope Family Physicians 1830 Good Hope Road Enola PA 17025 See copy of medical records attached to Plaintiffs' response to Defendant's Request for Production of Documents. 16. Please identify and describe any previous lawsuit or claim you have ever made for personal injuries, including the jurisdiction, date, and disposition of the lawsuit or claim. ANSWER: None. 17. Please identify and describe any accidents in which you have been involved prior to the subject accident, including the place, date, injuries suffered, and medical treatment received. ANSWER: 1995: no injuries/treatment — do not recall location. 1996: no injuries/treatment — do not recall location. 18. For the five year period preceding June 21, 2012, please identify and describe any hospital stays you incurred prior to this accident, including the name of the hospital(s), dates of confinement, nature of illness or disease, and names of treating physicians during these stays. ANSWER: N/A. 19. Please state in general the condition of your health prior to the accident and state whether you had any pre-existing health conditions or prior injuries, and if so, whether such pre-existing condition was aggravated by the incident set forth in the Complaint. ANSWER: In excellent health prior to this accident. No pre-existing health issues. 20. Please state whether you have returned to your employment since the accident of June 21, 2012, and if so, give the date that you returned to that employment. If you missed any time from work and/or your employment as a result of the June 21, 2012 accident, please list all such time during which you were unable to perform your work and/or employment. ANSWER: Limited hours since the motor vehicle accident — 15-30 hours/week continuous. 21. Please state and describe the amount of income received by you from all employment, business or professional activities performed by you for each of the five years immediately preceding the year in which the accident occurred. ANSWER: Tax returns will be furnished upon request. 05/1193500.v1 22. Please itemize by name, address and amount all medical bills paid or incurred by you in connection with the incident as set forth in the Complaint, including but not limited to the cost of ambulance, doctor bills, cost of x-rays, hospital expense, nurse expense, cost of medicines, cost of surgical apparatus and any other costs claimed by you. ANSWER: See copy of medical bills, PIP summary and Medical Bill Analysis attached to Plaintiffs' response to Defendant's Request for Production of Documents. 23. Please state whether you claim that the injuries suffered in the accident will cause future loss of earnings or impairment of earning capacity.' If your answer is in the affirmative, state the amount and the facts which constitute the basis upon which you compute such amount. ANSWER: To be supplemented as appropriate. 24. Please state whether you claim that the injuries suffered in the incident will result in future medical expenses. If you are claiming such expenses state the amount and the name and address of the doctor who has advised you of this amount. ANSWER: Yes. See copy of medical records attached to Plaintiffs' response to Defendant's Request for Production of Documents. 25. Please state whether you claim that the injuries suffered in the accident have caused pain and suffering. If you claim that they have caused pain and suffering, past or future, please describe the nature and extent of the pain and suffering. ANSWER: See copy of medical records attached to Plaintiffs' response to Defendant's Request for Production of Documents. 26. With respect to the allegations set forth in your Complaint at paragraph 19 wherein you allege that you have undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out (your) daily activities, loss of life's pleasures and enjoyment, please describe with specificity the basis for these claims. ANSWER: Summer/Fall 2012 — no activities. To be supplemented as appropriate. 27. With respect to the allegations set forth in your Complaint at paragraph 20 wherein you allege that you have been subjected to severe humiliation, embarrassment, shame, worry and anger, describe and state with specificity how and when you have been subjected to severe humiliation, embarrassment, shame, worry and anger as a result of the June 21, 2012 motor vehicle accident described in your Complaint. ANSWER: Intersections make me nervous. To be supplemented as appropriate. 28. With respect to the allegations set forth in your Complaint at paragraph 21 wherein you allege that you have been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror, please state and describe with specificity when and how you have been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror, as a result of the motor vehicle accident referenced in your Complaint; to the extent that you have received medical care, attention, treatment and/or diagnosis specifically with regard to the allegations that you have sustained severe mental anguish, emotional distress, nervous shock, fright and/or horror, as distinct from the physical injuries alleged in your Complaint at paragraph 11,, please list with specificity the names, addresses of each and every healthcare provider who has provided medical care, attention, treatment and/or diagnosis to you concerning these claims and the date or dates on which such medical care, attention, treatment and/or diagnosis was provided to you. ANSWER: To be supplemented as appropriate. 29. With respect to the allegations set forth in your Complaint that you will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future, state and describe with specificity the factual basis upon which you contend that you will continue to endure such conditions. ANSWER: To be supplemented as appropriate. 05/1193500.v I 30. Please state whether or not you are claiming any losses not heretofore listed, and if so, please state the nature of the loss, the amount thereof and the basis for computing same. ANSWER: To be supplemented as appropriate. 31. Please itemize all benefit payments made to you as a result of the incident as set forth in the Complaint, including but not limited to benefits paid under any insurance policy, medical or hospitalization insurance, disability insurance, employer's disability or sick leave payments, Social Security benefits, workers' compensation, or any other type of insurance benefits; and for each such payment, please set forth the amount, the date upon which the payment was made, and the source of the payments. ANSWER: See copy of medical bills, Medical Bill Analysis, and PIP payment summary attached to Plaintiffs' response to Defendant's Request for Production of Documents. 32. Identify and describe any inability to perform your customary occupational duties or other activities in the same manner as prior to the accident, describing the duties or activities you are unable to perform, the times you have been unable to perform them, and any witnesses or persons having knowledge thereof. ANSWER: Computer work/job Family activities Household activities Recreational activities Any stress causes headache/fatigue Family and co-workers 33. State the purpose of the motor vehicle trip you were on at the time of the alleged accident. ANSWER: I was taking my child and two (2) friends to a basketball camp. 34. State whether or not you were familiar with the scene of the alleged accident and how often you traveled in that area during the 24 months preceding the accident. ANSWER: 2-3xs/week for 9 years prior. 35. If the motor vehicle that you were operating at the time of the alleged accident was damaged in any way, describe in detail all such damages and all repairs and or other steps taken to address those damages. ANSWER: See copy of photographs attached to Plaintiffs' response to Defendant's Request for Production of Documents. 36. State whether you consumed any alcoholic beverages, medications or any illicit drugs during the 48. hours immediately preceding the alleged accident and, if so, state: a. the nature, amount and type of items consumed; b. the period of time over which the item(s) was/were consumed; and c. the names and addresses of all persons who have any knowledge as to the consumption of the aforementioned items. ANSWER: No drugs/medications of any kind. No alcoholic beverage on the day of or day before the accident. I do not recall any earlier that week. 37. Describe the lighting conditions, weather conditions and the condition of the road surface existing at the time and place of the alleged accident. ANSWER: See copy of police accident report attached to Plaintiffs' response to Defendant's Request for Production of Documents. 38. State in detail the manner in which the alleged accident occurred, specifying the speed, position, direction and location of each motor vehicle involved, just before, at the time of, and immediately after the alleged accident. ANSWER: See copy of police accident report attached to Plaintiffs' response to Defendant's Request for Production of Documents. 39. State the following: a. in which lane the respective motor vehicles were traveling before the alleged accident occurred and in -which lane the alleged accident occurred; b. when you first observed the other motor vehicle involved in the alleged accident, stating the distance at that moment from the ultimate point of contact and the respective speeds of the motor vehicles at that time; C. the speed of your vehicle: (1) at 100 feet from the point of impact; (2) at 50 feet from the point of impact; (3) at the point of impact; d. whether your view was clear or what obstruction, if any, existed at the time of, the accident that obscured your view; e. what did you do in attempt to avoid the alleged accident; and the exact point of contact of the motor vehicles, in terms of the distance from the various curb linesor other significant landmarks and their final resting positions. ANSWER: See copy of police accident report attached to Plaintiffs' response to Defendant's Request for Production of Documents. 40. If there was any physical evidence of the alleged accident at the scene, describe what it was and where it was located in relation to the curb lines or other significant landmarks. ANSWER: See copy of police accident report attached to Plaintiffs' response to Defendant's Request for Production of Documents. 41. If after the alleged accident there were any skid marks or yaw marks remaining on the roadway, describe their dimensions (length and width) and identify the motor vehicle which created all such marks or markings. ANSWER: See copy of police accident report attached to Plaintiffs' response to Defendant's Request for Production of Documents. VERIFICATION We hereby verify that the statements in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: damA ,soe .5 p) Tammy Zeaser� CERTIFICATE OF SERVICE I hereby certify that a true . and correct copy of Plaintiffs' Answers to Defendant's Interrogatories was duly served on the 22nd day of May, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Timothy J. McMahon, Esquire MARSHALL DENNEHEY 100 Corporate Center Drive, Ste. 201 Camp Hill PA 17011 BY: y-) Georgia J. Hes Richard A. Sadlock, Attorney I.D. #47281 FREEBURN & HAMILTON 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 assistant to squire Dated: 05/22/14 Attorney for Plaintiffs EXHIBIT "C" McMahon, Timothy From: McMahon, Timothy [TJMcMahon@MDWCG.com] Sent: Tuesday, June 03, 2014 2:29 PM To: 13166. 00923 (13166.00923.05@01DMCOMMA.MDWCG.COM) Subject: FW: Zeasor v. Sao MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN t'A ) ltf (f l r, ,' Timothy J. McMahon Managing Attorney - Harrisburg, PA bio I e-mail I website 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Direct: (717) 651-3505 Main: (717)'651-3500 Fax: (717) 651-3707 This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the Intended recipient, ora person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please Immediately notify me by forwarding this e-mail to TJMcMahon/rDMDWCG.com or by telephone at (717) 651-3505 and then delete the message and its attachments from your computer. From: Richard Sadlock [mailto:RSadlock@pa-injurylawyer.com] Sent: Tuesday, June 03, 2014 2:15 PM To: McMahon, Timothy Subject: RE: Zeasor v. Sao I have requested the returns from my client. When they come in, copies will be sent to you. I will waive the 20 days if you agree to provide copies at no charge to me/my client. Thanks. From: McMahon, Timothy [mailto:TJMcMahon@MDWCG.com] Sent: Tuesday, June 03, 2014 2:13 PM To: Richard Sadlock Subject: Zeasor v. Sao Rich: I have received plaintiffs' written discovery responses. I note that no tax returns or any other wage loss documentation has been produced by Chad Zeasor despite a specific request for that information and despite Chad Zeasor making specific claims for past and future wage loss. Please supply tax returns with IRS forms W-2 and/or 1099 as applicable for the tax years 2009 through 2013. I intend to issue a subpoena to Ameriprise seeking Chad Zeasor's employment, HR, personnel and compensation file(s). Please advise if you will waive objections to that subpoena. Also, please explain why interrogatories 23, 28, 29 and 30 addressed to Chad Zeasor have been answered "to be supplemented as appropriate" while interrogatories 26 and 27 have been answered in part in that manner. Defendant is entitled to meaningful answers to interrogatories and these answers are not meaningful. Defendant is entitled to 1 documentation that is relevant to the asserted wage loss claims, past and future, and this information has not been produced. I cannot proceed with Plaintiffs' depositions without this information. It is our intention to avoid burdening the court with an avoidable motion to compel responses to this discovery and thus I appreciate your prompt substantive reply to these inquiries. Thank you, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN 1)1 flit It Timothy J. McMahon Managing Attorney - Harrisburg, PA bio e-mail ( website 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Direct: (717) 651-3505 Main: (717) 651-3500 Fax: (717) 651-3707 • This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege amour work product doctrine. If you are not the intended recipient, ora person responsible for delivering It to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission Is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to TJMcMahon(1SMDWCG corn or by telephone at (717) 651-3505 and then delete the message and its attachments from your computer. 2 CERTIFICATE OF SERVICE I, Barbara E. Steel, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 17th day of June, 2014, I served a copy of the foregoing Motion, via First Class United States mail, postage prepaid as follows: Richard A. Sadlock, Esquire Freeburn & Hamilton, P.C. 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 Attorney for Plaintiffs Acci 60L La Barbara E. Steel 05/1238078.v1 TIMOTHY J. McMAHON,ESQUIRE t, ID No:52918 Marshall,Dennehey,Warner,Coleman&Goggin I' 1. 100 Corporate Center Drive,Suite 201 Camp Hill,PA 17011 \rt Telephone:(717)651-3505 ft Facsimile:(717)651-3707 tjmernahongmdwcg.com Attorney for Defendant CHAD ZEASER and : IN THE COURT OF COMMON PLEAS TAMMY ZEASER, : CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiffs • CIVIL ACTION—LAW • v. • NO. 14-792 CIVIL • VISALSAMBATH SAO, Defendants • JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Richard A. Sadlock, Esquire Freeburn & Hamilton, P.C. 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 Attorney for Plaintiffs Timothy J. McMahon, Esquire, with the law offices of Marshall Dennehey Warner Coleman & Goggin, on behalf of Defendant, intends to serve a Subpoena identical to the one that is 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 any objection to this Subpoena. If no objection is made, the Subpoena may be served. Complete copies of any reproduced records may be obtained at your expense by contacting the undersigned counsel. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: Uctv( 010 , By: TIMOTHY J. McMAHON, ESQUIRE ID No: 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505 CERTIFICATE OF SERVICE I, Barbara E. Steel, an employee of Marshall Dennehey Warner Coleman & Goggin, do hereby certify that on this day I served a copy of the foregoing document 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: Richard A. Sadlock, Esquire Freeburn& Hamilton, P.C. 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 Attorney for Plaintiff Date: bt_A j_ (71 0 / ' 1 Barbara E. Steel TIMOTHY J. McMAHON,ESQUIRE ID No:52918 Marshall,Dennehey,Warner,Coleman&Goggin 100 Corporate Center Drive,Suite 201 Camp Hill,PA 17011 Telephone:(717)651-3505 Facsimile:(717)651-3707 tjmcmahon(c4mdwcg.com Attorney for Defendant CHAD ZEASER and : IN THE COURT OF COMMON PLEAS TAMMY ZEASER, • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiffs • CIVIL ACTION—LAW • v. NO. 14-792 CIVIL • VISALSAMBATH SAO, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to serve of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Visalsambath Sao, certifies that: (1) A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate. (3) No objection to the subpoena has been made or received, and/or counsel has agreed to waive the twenty-day notice, and • (4) The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve the Subpoena. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN „dr"- v C Ca0 Date: 0 Li By: Timothy J. McMahon, Esquire PA ID No. 52918 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 (717) 651-3505 tjmemahon( mdwcg.com Attorney for Defendant 05/1231315.vI tit' t 1 '3 :1 3: LArJ TIMOTHY J.McMAHON,ESQUIRE ID No:52918 Marshall,Dennehey,Warner,Coleman&Goggin 100 Corporate Center Drive,Suite 201 Camp Hill,PA 17011 Telephone:(717)651-3505 Facsimile:(717)651-3707 timcmahon ,mdwcg.corn Attorney for Defendant • CHAD ZEASER and IN THE COURT OF COMMON PLEAS • TAMMY ZEASER, CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiffs • CIVIL ACTION—LAW • v. NO. 14-792 CIVIL VISALSAMBATH SAO, Defendants : JURY TRIAL DEMANDED RULE TO SHOW CAUSE 444 AND NOW, this / day of June, 2014, Plaintiff Chad Zeaser is directed to show cause within twenty(20) days why he should not produce certain tax returns as requested by Defendant through written discovery and why he should not respond fully to Defendant's Interrogatories 23, 26, 27, 28, 29 and 30. BY TH RT, , J. ete.S" 05/1238078.0 Richard A. Sadlock, Esquire FREEBURN & HAMILTON ID No. 47281 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 rsadlock@freeburnlaw.com F11' OF THE. 2€1vv I,'. CUMBE' PEE... Attorney for Plaintiffs CHAD ZEASER AND : IN THE COURT OF COMMON PLEAS TAMMY ZEASER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs"' ='3 : NO. 14-792 -0c_j) V. rT1 fes-, CIVIL ACTION - LAW i VISALSAMBATH SAO, -<z-- Coa Defendant <G — P n zc P. PLAINTIFFS' REPLY TO DEFENDANT'S MOTION TO COMPEL `: N. - 4D AND NOW, come Plaintiffs, Chad Zeaser and Tammy Zeaser, by their attorneys, Freeburn & Hamilton, PC, and file the following Reply to Defendant's Motion to Compel: 1-13. Defendant's averments are conclusions of law to which no responsive pleadings are required. To the extent the averments may be deemed factual, they are hereby specifically denied. By way of amplification, Defendant's averments are inaccurate, self-serving and premature. Further, the instant motion is an unfortunate waste of the Court's time as Plaintiffs have fully answered Defendant's discovery requests, supplemented their answers by letter dated June 19, 2014 and because Plaintiffs' counsel has advised Defendant's counsel that the tax returns have been requested from Plaintiffs and will be immediately supplied to defense counsel when received. Therefore, there is no basis for the instant motion and it must be promptly denied. WHEREFORE, Plaintiffs request that this Honorable Court dismiss Defendant's Motion to Compel, and enter judgment in their favor and against Defendant, Visalsambath Sao, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 1 By: Respectfully Submitted, FREEBURN & HAMILTON, PC and squire I.D. No 204 ing estown Road, Ste. 300 risburg PA 17110 17) 671-1955 Date: 07/01/14 Counsel for Plaintiffs VERIFICATION I, Richard A. Sadlock, Esquire, legal counsel for Plaintiffs, Chad Zeaser and Tammy Zeaser, having sufficient knowledge, information and belief, based upon information provided by my clients, hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. RIC A. S , ESQUIRE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs' Reply to Defendant's Motion to Compel was duly served on the 1st day of July 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Timothy J. McMahon, Esquire MARSHALL DENNEHEY 100 Corporate Center Drive, Ste. 201 Camp Hill PA 17011 BY: Georgiann'J. Hess, A sitant to Richard A. Sadlock, Esq' lire Attorney I.D. #47281 FREEBURN & HAMILTON 2040 Linglestown Road, Ste. 300 Harrisburg, PA 17110 (717) 671-1955 Dated: 07/01/14 Attorney for Plaintiffs Richard A. Sadlock, Esquire FREEBURN & HAMILTON ID No. 47281 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 rsadlock@freeburnlaw.com FILEJ-CFriC rr: THE PR THONOT/ rr 111, JUL -8 PM 3: CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiffs CHAD ZEASER AND TAMMY ZEASER, Plaintiffs v. VISALSAMBATH SAO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-792 : CIVIL ACTION - LAW ORDER AND NOW, to wit this O day of , 2014, it is hereby Aa w•• ordered and decreed that Defendant's otion to Compel G�'�'� 3 3°) ‘70 / 4:7;3 BY ®RT: J. [distribution: ��rEhard A. Sadlock, Esquire, 2040 Linglestown Road, Ste. 300, Harrisburg PA 17110 Timothy J. McMahon, Esquire, 100 Corporate Center Drive, Ste. 201, Camp Hill PA 17011 „s, LEL 7/0/4/ CHAD ZEASER AND TAMMY ZEASER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 14-792 CIVIL TERM VISALSAMBATH SAO, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 30th day of July, 2014, the Defendant's Motion to Compel is DENIED without prejudice as being somewhat premature. By the Court, Edward E. Guido, `� Richard A. Sadlock, Esquire Freeburn & Hamilton For the Plaintiff ..-./Allison M. Domday, Esquire Marshall, Dennehey, Warner, Coleman & Goggin For the Defendant srs • 71':.S /72.41A ti-I- E1/4/PY 7,2; ar =-2 C) ---1 C c .N.., . COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS zr ri rr— COUNTY OF CUMBERLAND COUNTY--or,. , CHAD ZEASER & TAMMY ZEASER -4 C" § No. 14-792 CIVIL y` c.: c-9 r' vs. § § -( Ni § VISALSAMBATH SAO § NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To Plaintiff by and through their attorney(s) of record: Richard Sadlock, Freeburn & Hamilton, P.C., 2040 Linglestown Road, Suite 300, Harrisburg, PA 17110 Please take notice that 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 attached subpoena(s). If no objection is made the subpoena may be served on the Custodian of Records for: Erie Insurance Exchange (Claims Records) PO Box 2013, Mechanicsburg, PA 17055-0710 before a Notary Public for Keais Records Service, Inc. 1010 Lamar, 3rd Floor, Houston, TX 77002 Ph: 800-467-9181 / Fax: 800-467-0822 or its designated agent. Notice is further given that request was made to the officer to have issue a subpoena and cause it to be served on the witness to produce any and all records pertaining to: Chad Zeaser and to turn all such records over to the officer so that copies of the same may be made and attached to said deposition. Respectfully Sjfmitted, Timothy J'. Mon Marshall, Den a ey, Warner, Coleman & Goggin - 31486 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Ph: 717-651-3500 / Fax 717-651-3707 Attorney for Defendant State Bar No. 52918 I hereby certify that a true and correct copy of the foregoing instrument has been served on all parties or their attorneys of record by ( ) hand delivery, ( ) telephonic document transfer, ( ertified mail, return receipt requested, on this day. Date: 1 13' !`'c �� )" Order No. 149908 (1 Parts)