Loading...
HomeMy WebLinkAbout14-1808 e .. Supreme Cout" 0 Pennsylvania COUr, o ucernmo leas For Prothonotary Use Only: s CivilCover "Sheet 1 . �- - e Docket No: CU \ B LAND Count (., y The information collected on this fibrin is used solely for court administration purposes. Tit is form does not .supplement or replace the filing and .service ofpleadi.ngs or other papers as required by lain= or rules of court. Commencement of Action: S E:1 Complaint 0 Writ of Summons Petition E Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Heather Shives and Kayley Brode Michael and Anthony Budzinski I Are money damages requested? 'X Yes No Dollar Amount Requested: Owithin arbitration limits (check one) Iii outside arbitration limits 0 N Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? El Yes 0 No A Name of Plaintiff/Appellant's Attorney: John J. Mangan El 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 El Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution M Debt Collection: Credit Card M Board of Assessment E] Motor Vehicle 0 Debt Collection: Other n Board of Elections F] Nuisance EJ Dept. of Transportation Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) El Employment Dispute: El Slander/Libel/ Defamation Discrimination C 0 Other: ©Employment Dispute: Other Zoning Board T ❑ Other: I Other: O MASS TORT 0 Asbestos N Q Tobacco 0 Toxic Tort - DES E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS F1 Toxic Waste 0 Ejectment M Common Law /Statutory Arbitration B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment El Ground Rent Mandamus El Landlord/Tenant Dispute Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ED Mortgage Foreclosure: Commercial 0 Quo Warranto El Dental F1 Partition ) Replevin 0 Legal 0 Quiet Title 0 Other: E] Medical M Other: 0 Other Professional: Updated 1/1 /2011 Heather Shives and Kayley Brode, a minor, IN THE COURT OF COMMON PLEAS by Heather Shives, Mother, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA -� r `Y7f NO. 14 - �r Michael Budzinski, and Anthony Budzinski, : s Defendants CIVIL — LAW` � Tj C - - PRAECIPE FOR WRIT OF SUMMONS .- To: Cumberland County Prothonotary: Please issue a Writ of Summons against the following Defendants in the above captioned matter. Michael Budzinski 35 Woburn Abbey Ave. Camp Hill, PA 17011 Anthony Budzinski 35 Woburn Abbey Ave. Camp Hill, PA 17011 Date: — 3 (( John gan, Esquire B LE & MANGAN 17 e South Street Carlisle, PA 17013 ID # 87000 Attorney for Plaintiffs l.J /03- 7S �d s Heather Shives and Kayley Brode, a minor, IN THE COURT OF COMMON PLEAS by Heather Shives, Mother, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA VS. : NO. 14 - Michael Budzinski, and Anthony Budzinski, Defendants CIVIL — LAW WRIT OF SUMMONS To: Michael Budzinski 35 Woburn Abbey Ave. Camp Hill, PA 17011 Anthony Budzinski 35 Woburn Abbey Ave. Camp Hill, PA 17011 You are hereby notified that Plaintiffs, Heather Shives and Kayley Brode, a minor, by and through Plaintiffs' attorney, John Mangan, Esquire, has commenced an action against each of you in connection to an automobile accident and resulting injuries sustained therefrom which occurred on or around March 29, 2012 in the vicinity of Shippensburg, Cumberland County, Pennsylvania. Date: �azkb rothonotary k ---, d4 A - C (Deputy) Seal of the Court Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND ��^������ ~°" "=�"~"" " ~� =°" " "~°~� ~°v ~~~°"�.����.^�=�.~�� COUNTY . ::1 7H�',]/�}i�` �:fq ii:PR|/ Pi'c 2:q� �Uh� f.7 ..""uu,,� PL S y|V/NIA Heather Shives (et al.) vs, Michael Budzinski (et al.) Case Number 2014-1808 SHERIFF'S RETURN OF SERVICE 0404/2014 11:02 AM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Jody 8udzinaki, mother, who accepted as "Adult Person in Charge" for Michael Budzinski at 35 Woburn Abbey Avenue, East Pennnbono.CampHiU. PA 17011. E'rKOL�DZ|.DEPUTY 0404/2014 11:02 AM Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Jody Budzinski, wife, who accepted as "Adult Person in Charge" for Anthony Budzinski at 35 Woburn Abbey Avenue, East Pennsboro, Camp Hill, PA 17011. ,4*/ JEF, OL DZI, DEPUTY SHERIFF COST: $61.44 SO ANSWERS, April 07, 2014 COUnty:711i10 1,1C. RON R ANDERSON, SHERIFF Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire 1.D. No, 19616 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com HEATHER SHIVES and KAYLEY BRODE, a minor, by HEATHER SHIVES, Mother, Plaintiffs v. MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants cc2 Attorneys for Defendants -A Michael Budzinski and -.0 Anthony Budzinski 7:3 CP •P' C-) Z7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-1808 CIVIL ACTION — LAW PRAECIPE FOR ENTRY OF APPEARANCE TO Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendants Michael Budzinski and Anthony Budzinski, in the above -captioned action. :651070 Respectfully submitted, ART& WEIDNER Rettig, Esq 9616 3 ket Street, Box 109 Lemoyne, PA 17043 jbr@jdsw.com Counsel for Defendants CERTIFICATE OF SERVICE AND NOW, this /0 day of September, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Attorneys for Plaintiffs JOHNSON, DUFFIE, STE ART & WEIDNER Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com HEATHER SHIVES and KAYLEY BRODE, a minor, by HEATHER SHIVES, Mother, Plaintiffs v. MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants ei --; , '1?01-1-101i 2014 SEP I I CU; ..F.418E Attorneys for Def? COuNrye! tii *SO, vANIA Michael Budzinski and Anthony Budzinski IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-1808 CIVIL ACTION — LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly issue a Rule to the Plaintiff to file its Complaint with twenty (20) days of the date of service thereof, or suffer judgment of non pros. Respectfully submitted, :651074 JOHNSON, DUFFIE, STE By: -I- WEIDNER J ff ig, Esquire j.D. 6 301 arket Street, P 0 Box 109 Lemoyne, PA 17043 jbr@jdsw.com Counsel for Defendants Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. a Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com HEATHER SHIVES and KAYLEY ' BRODE, a minor, by HEATHER • SHIVES, Mother, Plaintiffs V. MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants Attorneys for Defendants Michael Budzinski and Anthony Budzinski IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-1808 CIVIL ACTION — LAW RULE TO FILE COMPLAINT AND NOW, this k \ day of %Serf , 2014, a Rule is hereby issued to you to file your Complaint in the above -captioned action within twenty (20) days of the date of service hereof, or suffer judgment of non pros. Prothonotary, By: Ck4.4:e:C-C L442 -e CERTIFICATE OF SERVICE AND NOW, this fr) day of September, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Rule to File Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Attorneys for Plaintiffs JOH ON, DU Fl TEWART & WEIDNER effrey B. Retti 0 HEATHER SHIVES and KAYLEY IN THE COURT OF COMMON PLEAS BRODE, a minor, by HEATHER SHIVES, : OF CUMBERLAND COUNTY, Mother, PENNSYLVANIA Plaintiffs vs. NO. 14 - 1808 MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants CIVIL — LAW JURY TRIAL DEMANDED NOTICE TO DEFEND G. 7 I '"t • r-, r= ' c tires CD' ---1 t, You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. HEATHER SHIVES and KAYLEY IN THE COURT OF COMMON PLEAS BRODE, a minor, by HEATHER SHIVES, : OF CUMBERLAND COUNTY, Mother, PENNSYLVANIA Plaintiffs vs. NO. 14 - 1808 MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants CIVIL — LAW JURY TRIAL DEMANDED COMPLAINT And now comes the Plaintiffs, Heather Shives and Kayley Brode, a minor, by and through their attorney John Mangan, Esquire, and avers in support of their complaint as follows: PARTIES 1. Plaintiff, Heather Shives (hereinafter "Plaintiff'), is an adult individual residing at 48 Rustic Drive, Shippensburg, PA 17257. 2. Plaintiff, Kayley Brode, (hereinafter "Plaintiff'), is currently a minor residing at 891 Pinchot Rd., Saxton, PA 16678. 3. Defendant, Michael Budzinski (hereinafter "Defendant") is an adult individual whose last known address is 35 Woburn Ave., Camp Hill, PA 17011. 4. Defendant, Anthony Budzinski (hereinafter "Defendant") is an adult individual residing at 35 Woburn Ave., Camp Hill, PA 17011. FACTS 5. Previous paragraphs are incorporated herein by reference. 6. On March 29, 2012, Heather Shives, (driver) and her daughter, Kayley Brode, (passenger) were travelling in a 1995 Chrysler Cirrus at the intersection of Walnut Bottom Road and Conestoga Drive in Shippensburg, Cumberland County, PA. 7. Ms. Shives was driving east on Walnut Bottom Road and turning left onto Conestoga Drive. 8. Ms. Shives was in a left turn lane and there were two cars in front of her vehicle also turning left. 9. There was a green arrow for this lane that was activated at the time Ms. Shives was attempting to turn left onto Conestoga Drive and there was a red light for on-coming traffic travelling west on Walnut Bottom Rd. 10. Michael Budzinski was travelling west on Walnut Bottom Rd in a 2000 Ford Taurus which was owned, registered and insured by Anthony Budzinski. 11. Ms. Shives was executing a left hand turn when she was broadsided by Michael Budzinski who had had his license approximately one week. 12. Michael Budzinski was exceeding the speed limit and ran through the red light into Ms. Shives' vehicle. Per the responding police officer, the estimated speed of Mr. Budzinski's vehicle at the time of impact was 45 MPH. 13. The speed limit on Conestoga Dr. is 25 MPH and the speed limit on Walnut Bottom Rd. is 40 MPH. 14. Both Heather Shives and her daughter, Kayley Brode, were severely injured in the accident. 15. Kayley Brode's head went through the front windshield and had to be flown by helicopter to Hershey Medical Center. 16. Ms. Shives suffered a severe foot injury, among other injuries, and Ms. Shives and Michael Budzinski were taken to Chambersburg Hospital for their injuries. 17. Ms. Shives' vehicle was totaled as a result of the accident. 18. EMS were dispatched to the scene of the accident and Hershey Medical Center's Lifeline helicopter was flown to the scene to transport Kayley Brode to the Hospital. 19. Heather Shives was initially erroneously issued a citation for a summary offense of Disregard Traffic Lane (Single). 20. A hearing was subsequently scheduled for May 30, 2012 with the District Judge. A lengthy hearing ensued and Heather Shives was found to be not guilty of the traffic violation. COUNTI NEGLIGENCE 21. Previous paragraphs are incorporated herein by reference. 22. Defendants had a duty to Plaintiffs along with other drivers on the road to drive in a safe manner and to avoid causing motor vehicle accidents. 23. Defendants breached that duty. 24. Defendants were negligent in that: a. Michael Budzinski caused the vehicle owned, registered and insured by Anthony Budzinski to collide with the Plaintiff Heather Shives' vehicle which resulted in severe injuries to Plaintiffs Heather Shives and Kayley Brode; b. Michael Budzinski failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. Michael Budzinski failed to abide by a traffic control device in that he drove through a red stop light and struck Heather Shives' vehicle; d. Michael Budzinski drove the vehicle at too great a speed that he could not stop his vehicle; e. Michael Budzinski violated the Motor Vehicle Code of the Commonwealth of Pennsylvania; f. Michael Budzinski failed to use ordinary care while driving in order to avoid injury to himself and others, specifically the Plaintiffs; g. Anthony Budzinski was the owner, registrant and insured of the vehicle Michael Budzinski operated was negligent in permitting Michael Budzinski to negligently operate said vehicle. 25. As a result of Defendants' negligence the Plaintiffs suffered severe injuries which would not have occurred but for the negligent acts of the Defendants. 26. Plaintiffs suffered physical injuries that required physical therapy along with pain and suffering, as a direct result of the negligence by Defendants. 27. Plaintiffs seek compensatory damages and damages for pain and suffering, mental anguish, medical bills and for damage to their personal property. WHEREFORE, Plaintiffs requests this Honorable court award and enter Judgment in their favor in an amount in excess of the limits for compulsory arbitration, including costs of this suit. Date: Jo J. ► angan, Esquire BYL`Y&MANGAN 1 W st South Street Carlisle, PA 17013 717-241-2446 johnmangan@bayleymangan.com ID # 87000 Attorney for Plaintiffs VERIFICATION John Mangan, Esquire, states that he is the attorney for, Plaintiffs in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and because he was unable to reach the Plaintiff on this day and have her sign a verification; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: angan, Esquire Attney for Plaintiffs HEATHER SHIVES and KAYLEY BRODE, a minor, by HEATHER SHIVES, : Mother, Plaintiffs vs. MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 14 - 1808 CIVIL — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John Mangan, Esquire, do hereby certify that I served a copy of the Complaint upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Date: Jeffrey Rettig, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 John BAY 17 West South Street Carlisle, PA 17013 717-241-2446 johnmangan@bayleymangan.com ID # 87000 Attorney for Plaintiffs an EY /67 gfi, Esquire MANGAN Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw,com HEATHER SHIVES and KAYLEY BRODE, a minor, by HEATHER SHIVES, Mother, Plaintiffs v. MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants To: Plaintiffs c/o John Mangan, Esquire 17 West South Street Carlisle, PA 17013 Attorneys for Defendants Michael Budzinski and Anthony Budzinski IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-1808 CIVIL ACTION — LAW NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Defendants' Answer to Plaintiffs' Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Johnson, By: e, Stewart & Weidner Jeffrey B. Rettig, Esquire Attorney I.D. No. 19616 Karen L. Mascio, Esquire Attorney I.D. No.88848 Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com HEATHER SHIVES and KAYLEY BRODE, a minor, by HEATHER SHIVES, Mother, Plaintiffs v. MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants Attorneys for Defendants Michael Budzinski and Anthony Budzinski IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-1808 CIVIL ACTION — LAW DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT AND NOW come the Defendants, Michael Budzinski and Anthony Budzinski, by and through their counsel, Johnson, Duffie, Stewart & Weidner, and file the within Answer to Plaintiffs' Complaint: PARTIES 1-2. Upon information and belief, admitted. 3-4. Denied as stated. By way of further response, Defendants reside at 35 Woburn Abbey Avenue, Camp Hill, PA 17011. FACTS 5. Defendants hereby incorporate their responses to paragraphs 1 through 4 as though fully set forth at length. 6-7. Upon information and belief, admitted. 8-9. Denied. After reasonable investigation, Defendants are without sufficient information to form a belief as to the truth of the averments contained in paragraphs 8 and 9, therefore, the averments are denied and strict proof thereof is demanded. 10. Admitted. 11. Denied. The averments of this paragraph are generally denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 12. Denied. The averments of paragraph 12 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof thereof is demanded. By way of further response, statements contained in the Police Report are inadmissible pursuant to 75 Pa.C.S.A. 3751. 13. Admitted. 14-20. Denied. After reasonable investigation, Defendants are without sufficient information to form a belief as to the truth of the averments contained in paragraphs 14-20, therefore, the averments are denied and strict proof thereof is demanded, COUNT I - NEGLIGENCE 21. Defendants hereby incorporate their responses to paragraphs 1 through 20 as though fully set forth at length herein. 22-27. Admitted in part, denied in part. It is admitted that Anthony Budzinski was the owner of the vehicle driven by Michael Budzinski. The remaining averments of paragraphs 22 through 27, including any subparts, constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, these averments are denied and strict proof thereof is demanded. WHEREFORE, Defendants respectfully request that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in their favor. NEW MATTER By way of further answer and response, Defendants set forth the following new matters: 28. If it should be found that the Plaintiffs sustained injuries as a result of the alleged incident, then said injuries may have been caused by the Plaintiffs' own negligence, carelessness, and/or assumption of the risk, and Plaintiff must be denied recovery pursuant to the provisions of the Pennsylvania Comparative Negligence Statute, 42 Pa.C.S.A. §7102. 29. If it should be found that there is any negligence on the part of the Defendants, which is specifically denied, then said negligence is not the factual cause of the Plaintiffs' injuries. 30. Plaintiffs' alleged injuries may have been caused by superseding or intervening acts over which Defendants had no control. 31. Plaintiffs' alleged injuries may have been caused by a pre-existing medical condition over which Defendants had no control. 32. Plaintiffs' alleged cause of action may be barred by their failure to mitigate their damages. 33. Plaintiffs' claims may be barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §7101, et. seq. 34. To the extent that the Plaintiffs have been paid or will be paid for some or all of their alleged damages, them claims for those damages are barred both by the defense of payment and by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law. 35. Plaintiffs' alleged injuries may have been caused by a subsequent and/or unrelated accident. 36. At the District Justice hearing held on or about May 30, 2012, Plaintiff admitted she did not look at the traffic light prior to proceeding through the intersection, rather, she merely followed the traffic in front of her. WHEREFORE, Defendants respectfully request that the Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in their favor. Respectfully submitted, JOHNS N, DUFFIE, STEWART & WEIDNER By: Jeffrey B. Rettig, Esquire I. D. No. 19616 Karen L. Mascio, Esquire I. D. No. 88848 301 Market Street, P 0 Box 109 Lemoyne, PA 17043 jbr(a�jdsw.com, klm(ajdsw.com Attorneys for Defendants :655327 VERIFICATION 1, Anthony Budzinski, hereby acknowledge that I have read the foregoing Answer to Plaintiffs' Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. By: DATE: 10\1\‘`t r Anth yudziski VERIFI CA TION I, Michael Budzinski, hereby acknowledge that I have read the foregoing Answer to Plaintiffs' Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. By: ,;vii/61 Michael Budzinski DATE: 10/3/ 1 4 CERTIFICATE OF SERVICE AND NOW, this C4 day of October, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Defendants' Answer to Plaintiffs' Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Attorneys for Plaintiffs JOHNSON„ DUFFIE, STEWART & WEIDNER By: Karen L. Mascio IN THE COURT OF COMMON PLEAS OF CUMBERLAND CPUNI., Y SHIVES & BRODE, A MINOR r-s7;c-, r- • --, Vs. MICHAEL BUDZINSKI, ET AL NO, 2014 1808 •t) 7C C,`:? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the F .1.7,2o -_1(g) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at ic7ast 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: 10/09/14 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST MLR File #: M426355 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIES SPOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Chelsea Torres IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IHIVES & BRODE, A MINOR Vs. MICHAEL BUDZINSKI, ET AL TO: JOHN MkJGAN , ESQ (PLAINTIFF) No. 2014 1808 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: 09/18/14 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Chelsea Torres Eno(s): Copy of subpoena(s) Counsel return card File #: M426355 TO: COMMONWEALTH LTHOF FEIN YLV Th COUNTY ©i:Y�CUMBERLAND SHIVES & ERODE, A MINOR Vs. MICHAEL BUDZINSKI, ET AL File No. 2014 1808 SUBPOENA TO PRODUCE DDCU ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 INFINITY INS CO, 3700 COLONADE PKWY #600, BIRMINGHAM AL 35243 ATTN: CLAIMS MANAGER (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 orsEi ngATTACIIED -ADDENDUM at MEDICAL LEGAL REPRth. uu'1'IONS, INC, 4940 1)1SS'1'ON sl., rtiltA. , PA (Address) You may deliver or mail legible copies of the. documents or produce thincs requested 5� 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.onab ft cost of preparing thec^p i �o s or producing the t�h i r cgs 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 ordei- cxxrpe l l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCMIING PERSON: JEFFREY B RETTIG, ESQ NAME: ADDRESS: 301 MARKET ST TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: M426355-01 DATE: LEMOYNE, PA 17043 DEFENDANT 9/& 2/ / Seal of the Court (Eff. 7/97) ADDENDUM TO SUBPOENA SHIMS & BRODE, A MINOR Vs. MICHAEL BUDZINSKI, ET AL CUSTODIAN OF RECORDS FOR: INFINITY INS CO **SEE ATTACHED ADDENDUM** PERTAINING TO: No. 2014 1808 NAME: KAYLEY ERODE ADDRESS: 48 RUSTIC DR SHIPPENSBURG PA DATE OF BIRTH: 11/17/97 SSAN: XXXXX 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 M426355-01 INFINITY INS CO * * * SIGN AND RETURN THIS PAGE * * ADDENDUM 4nfinity Insurance Company Copy of the entire first party claim file to include, but not limited to, all incoming and outgoing correspondence, forms, transcribed recorded statementsapplication for benefitsmedical records, print out of wage loss and medical payments, dec sheet reflecting tort option and any other documents whatsoever contained in the first party claim file for Kayley Brode claim No. 10001268379 from 3/29/12 to present. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, c) SHIVES & BRODE, A MINOR .11 c7) NO. 2014 1808 MICHAEL BUDZINSKI, ET AL CERTIFICATE c_. PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subl?oena(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: 10/09/14 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST MLR File #: M426356 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Ruby Schwartzberg 4'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SHIVES & BRODE, A MINOR Vs. MICHAEL BUDZINSKI, ET AL TO: JOHN MANGAN, ESQ (PLAINTIFF) No. 2014 1808 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subprra(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: 09/18/14 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Ruby Schwartzberg Enc(s): Copy of subpoena(s) Counsel return card File #: M426356 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHIVES & BRODE, A MINOR Vs. MICHAEL BUDZINSKI, ET AL File NO. 2014 1808 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 INFINITY INS CO, 3700 COLONADE PKWY #600, BIRMINGHAM AL 35243 TO: ATTN: CLAIMS MANAGER (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 ols-t,hAn EL 'ATTACHED ADDENDUM at MEDICAL LEGAL REPR ,,s (Address) DISSTON Sl., PHILA., PA 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 thiE request at the address listed above. You have the right to seek in advance the reaonabft cost of preparing the copies or producing the things sought. If you fail (20) days after °impelling you to THIS SUBPOENA WAS to produce the documents or things required by this subpoena within twenty its service, the party serving thil subpoena may seek a court orde- comply with it. ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JEFFREY B RETTIG, ESQ NAME: ADDRESS: 301 MARKET ST LEMOYNE, PA 17043 TELEPHONE: SUPREVE COURT ID # ATTORNEY FOR: M426356-01 DATE: 215 335 3212 196b DEFENDANT q/Aot_h Seal thf the Court BY THE COURT: 7Akt7tel:b Prothonotary/Clerk, Civil Division (Eff. 7/97) ADDENDUM TO SUBPOENA SHIVES & ERODE, A MINOR Vs. MICHAEL BUDZINSKI, ET AL CUSTODIAN OF RECORDS FOR: INFINITYINSCO **SEE ATTACHED ADDENDUM** PERTAINING TO: No. 2014 1808 NAME: HEATHER SHIVES ADDRESS: 48 RUSTIC DR SHIPPENSBURG PA DATE OF BIRTH: 11/20/75 SSAN: XXXXX CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: 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: 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 INFINITY INS CO CUMBERLAND M426356-01 *** SIGN AND RETURN THIS PAGE *** ADDENDUM TO SUBPOENA SHIVES & BRODE, A MINOR Vs, MICHAEL BUDZINSKI, ET AL CUSTODIAN OF RECORDS FOR: INFINITY INS CO **SEE ATTACHED ADDENDUM** PERTAINING TO: No. 2014 1808 NAME: HEATHER SHIVES ADDRESS: 48 RUSTIC DR SHIPPENSBURG PA DATE OF BIRTH: 11/20/75 SSAN: XXXXX CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN 3 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. ] Ak)DOCUMEIVISAVALLABLE: 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 M426356-01 INFINITY INS CO *** SIGN AND RETURN THIS PAGE *** ADDENDUM Irifinity Insurance Company Copy of the entire first party claim file to include, but not limited to, all incoming and outgoing correspoadence, forms, transcribed recorded statements,application for benefitsmedical records, print out of wage loss and medical payments, dec sheet reflecting tort option and any other documents whatsoever contained in the first party claim file for Heather Shives claim No 10001268379 from 3/29/12 to present. Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire (I.D. No. 19616) By: Karen M. Romano, Esquire (I.D. No. 88848) 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com; kmr@jdsw.com HEATHER SHIVES and KAYLEY BRODE, a minor, by HEATHER SHIVES, Mother, Plaintiffs v. FiL),0-OFFIc HE PROTHONO TAR Y 20100 I I1: 19 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants, Michael Budzinski and Anthony Budzinski • IN THE COURT -OF -COMMON PLEAS OF • CUMBERLAND COUNTY, PENNA. NO. 14-1808 CIVIL ACTION — LAW MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants NOTICE TO PLEAD To: Plaintiffs c/o John Mangan, Esquire 17 West South Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Defendants' Amended Answer to Plaintiffs' Complaint with New Matter and Crossclaim within twenty (20) days from service hereof or a judgment may be entered against you. JOHNSON, D FF1E, STEWART & EIDNER BY: Date: November , 2014 Jeffrey B. Rettig, Esquire (I.D. No. 19616) Karen Mascio Romano, Esquire (W. No.88848) 301 Market Street, P 0 Box 109 Lemoyne, PA 17043 jbr@jdsw.com, kmr@jdsw.com Attorneys for Defendants Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire (I.D. No. 19616) By: Karen M. Romano, Esquire (I.D. No. 88848) 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com; kmr@jdsw.com HEATHER SHIVES and KAYLEY BRODE, a minor, by HEATHER SHIVES, Mother, Plaintiffs Attorneys for Defendants, Michael Budzinski and Anthony Budzinski IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNA. NO. 14-1808 v. CIVIL ACTION — LAW MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants DEFENDANTS' AMENDED ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND CROSSCLAIM AND NOW, come the Defendants, Michael Budzinski and Anthony Budzinski, by and through their counsel, Johnson, Duffie, Stewart & Weidner, with the consent of Plaintiff's counsel and files the within Amended Answer to Plaintiffs' Complaint. PARTIES 1-2. Upon information and belief, admitted. 3-4. Denied as stated. By way of further response, Defendants reside at 35 Woburn Abbey Avenue, Camp Hill, PA 17011. FACTS 5. Defendants hereby incorporate their responses to paragraphs 1 through 4 as though fully set forth at length. 6-7. Upon information and belief, admitted. 8-9. Denied. After reasonable investigation, Defendants are without sufficient information to form a belief as to the truth of the averments contained in paragraphs 8 and 9, therefore, the averments are denied and strict proof thereof is demanded. 10. Admitted. 11. Denied. The averments of this paragraph are generally denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 12. Denied. The averments of paragraph 12 constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof thereof is demanded. By way of further response, statements contained in the Police Report are inadmissible pursuant to 75 Pa.C.S.A. 3751. 13, Admitted. 14-20. Denied. After reasonable investigation, Defendants are without sufficient information to form a belief as to the truth of the averments contained in paragraphs 14-20, therefore, the averments are denied and strict proof thereof is demanded. COUNT I - NEGLIGENCE 21. Defendants hereby incorporate their responses to paragraphs 1 through 20 as though fully set forth at length herein. 22-27. Admitted in part, denied in part. It is admitted that Anthony Budzinski was the owner of the vehicle driven by Michael Budzinski. The remaining averments of paragraphs 22 through 27, including any subparts, constitute legal conclusions to which no response is required. To the extent a response is deemed necessary, these averments are denied and strict proof thereof is demanded. 2 WHEREFORE, Defendants respectfully request that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in their favor. NEW MATTER By way of further answer and response, Defendants set forth the following new matters: 28. If it should be found that the Plaintiffs sustained injuries as a result of the alleged incident, then said injuries may have been caused by the Plaintiffs' own negligence, carelessness, and/or assumption of the risk, and Plaintiff must be denied recovery pursuant to the provisions of the Pennsylvania Comparative Negligence Statute, 42 Pa.C.S.A. §7102. 29. If it should be found that there is any negligence on the part of the Defendants, which is specifically denied, then said negligence is not the factual cause of the Plaintiffs' injuries. 30. Plaintiffs' alleged injuries may have been caused by superseding or intervening acts over which Defendants had no control. 31. Plaintiffs' alleged injuries may have been caused by a pre-existing medical condition over which Defendants had no control. 32. Plaintiffs' alleged cause of action may be barred by their failure to mitigate their damages. 33. Plaintiffs' claims may be barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §7101, et. seq. 34. To the extent that the Plaintiffs have been paid or will be paid for some or all of their alleged damages, them claims for those damages are barred both by the defense of payment and by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law. 35. Plaintiffs' alleged injuries may have been caused by a subsequent and/or unrelated accident. 3 36. At the District Justice hearing held on or about May 30, 2012, Plaintiff admitted she did not look at the traffic Tight prior to proceeding through the intersection; rather, she merely followed the traffic in front of her. WHEREFORE, Defendants respectfully request that the Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in their favor. NEW MATTER IN THE NATURE OF CROSSCLAIMS PURSUANT TO PA. R.C.P. 1031.1 DEFENDANTS V. PLAINTIFF/ADDITIONAL DEFENDANT HEATHER SHIVES 37. Defendants hereby incorporate their responses to paragraphs 1 through 36 as though fully set forth at length herein. 38. It is believed and therefore averred that the green arrow for traffic turning left onto Conestoga Drive was not activated at the time Ms. Shives attempted to make her left hand turn. 39. It is believed and therefore averred that there was a green light for on -coming traffic travelling west on Walnut Bottom Road, thereby giving Michael Budzinski the right-of-way. 40. The injuries and damages alleged by Plaintiffs were the direct and proximate result of the negligence of Heather Shives, in the following particulars: a. Failing to yield the right-of-way to Michael Budzinski and other vehicles travelling westbound on Walnut Bottom Rd. in violation of 75 Pa. C.S. §3322; b. Causing her vehicle to collide with the vehicle operated by Michael Budzinski; c. Failing to maintain an adequate watch for other vehicles on the roadway; d. Failing to use ordinary care to avoid injury to herself, her passenger and other drivers. 41. If it is determined that Plaintiff, Kayley Brode is entitled to recover for some or all of the damages alleged in their Complaint, then Plaintiff/Additional Defendant, Heather Shives, is solely liable to Plaintiff for those damages. 4 42. In the alternative, if it is determined that Defendants are liable to Plaintiff, Kayley Brode, for some or all of the damages set forth in the Complaint, then Plaintiff/Additional Defendant, Heather Shives, is jointly and/or severally liable to the Plaintiff and liable over to Defendants for contribution and/or indemnification. WHEREFORE, Defendants respectfully request that the Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in their favor. Date: November , 2014 :662277 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: 5 Jeffrey B. Rettig, Esquire I. D. No. 19616 Karen Mascio Romano, Esquire I. D. No. 88848 301 Market Street, P 0 Box 109 Lemoyne, PA 17043 jbr@jdsw.com, kmr@jdsw.com Attorneys for Defendants VERIFICATION I, Michael Budzinski, hereby acknowledge that I have read the foregoing Amended Answer to Plaintiffs' Complaint with New Matter and Crossclaim; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Michael Budzinski Dated: November 1() , 2014 CERTIFICATE OF SERVICE AND NOW, this day of November, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Defendants' Amended Answer to Plaintiffs' Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER BY: Karen M. Romano Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire (I.D. No. 196;16)1' By: Karen M. Romano, Esquire (I.D. No. 88848) 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com; kmr@jdsw.com HEATHER SHIVES and KAYLEY BRODE, a minor, by HEATHER SHIVES, Mother, Plaintiffs v. L. •55 ;Attorneys for Defendants, Michael Budzinski and Anthony Budzinski : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-1808 CIVIL ACTION — LAW MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants DEFENDANTS MICHAEL BUDZINSKI and ANTHONY BUDZINSKI'S MOTION TO COMPEL PLAINTIFFS' ANSWERS TO DISCOVERY AND NOW come Defendants Michael Budzinski and Anthony Budzinski, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who file this Motion to Compel Plaintiffs to provide full, complete and verified Answers to Defendants' Interrogatories and full and complete responses to Defendants' Request for Production of Documents, and in support thereof aver: 1. Plaintiffs commenced the above -captioned action by filing a Writ on or about March 27, 2014. 2. Plaintiffs filed a Complaint on or about September 22, 2014. 3. In the Complaint, Plaintiffs allege injuries and damages as a result of a motor vehicle accident that occurred on or about March 29, 2013. 4. By correspondence dated September 16, 2014, Plaintiffs were served with Defendants' Interrogatories and Request for Production of Documents. A copy of the correspondence is attached hereto and marked Exhibit A. 5. Pursuant to Pa.R.C.P. 4006(a)(2), Plaintiffs' answers and objections, if any, to said discovery requests were due on or before October 16, 2014. 6. By correspondence dated October 27, 2014, counsel for Plaintiffs was reminded by counsel for Defendants that Plaintiffs' answers to Interrogatories and responses to Request for Production of Documents were overdue and had not yet been received. Plaintiffs' counsel was given an additional month (to November 13, 2014) to file answers. A copy of the correspondence is attached hereto as Exhibit B. 7. To date, Plaintiffs have not provided responses to Defendants' Interrogatories and Request for Production of Documents, and no timely objections have been lodged. 8. The Plaintiffs' failure to respond to written discovery requests is in violation of the Pennsylvania Rules of Civil Procedure and is delaying the progress of this case. 9. Defendants have in good faith attempted to resolve this discovery dispute without court action. 10. Plaintiffs' attorney does not concur with this Motion. 11. Defendants respectfully request this Honorable Court to enter an Order compelling Plaintiffs, Heather Shives and Kayley Brode, to provide full and complete answers to Defendants' Interrogatories and Request for Production of Documents or face Rule 4019 sanctions on further motion. 12. Plaintiffs are represented by John Mangan, Esquire, 17 West South Street, Carlisle, PA, 17013, telephone (717) 241-2446. 13. Defendants are represented by Jeffrey B. Rettig, Esquire, Johnson Duffie Stewart & Weidner, 301 Market Street, PO Box 109, Lemoyne, PA 17043, telephone (717) 761- 4540. WHEREFORE, Defendants respectfully requests this Honorable Court to enter an Order compelling Plaintiffs to provide full and complete answers to Defendants Interrogatories and Requests for Production of Documents. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER fr: tig up e I1C-7.D.#19616+ 301 Market Street Lemoyne, PA 17043 (717) 761-4540 Attorneys for Defendants MRtI,Y R. DUFFIE RICHARD W STEWART EDMUND G. MYERS DAVID W DELUCE JOHN A. STATLER JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA P. GREEVY WADE D. MANLEY - John J. Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 LAW -.OFFICES OHNSON DUFFIE 1914-2014 September 16, 2014 BARRIE B. GEHRLEIN W. DARREN POWELL ANTHONY T. LUCID° CAROLYN B. MCCLAIN. JOHN A. LUCY MATTHEW RIDLEY KAREN L. MASCIO BRIAN W. CARTER OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER, JR. R gR'. S.4 ENT. N. 1C.5 Re: Heather Shives and Kayley Brode, a minor, by Heather Shives, Mother v Michael Budzinski and Anthony Budzinski Cumberland County C.C.P. Docket No. 14-1808 Dear Attorney Mangan: Enclosed please find Defendants' Interrogatories and Request for Production of Documents addressed to your clients, Heather Shives and Kayley Brode Kindly respond to this discovery within thirty (30) days as required by the Pennsylvania Rules of Civil Procedure. Thank you for your attention to this matter. JBR:jrs:651967 Enclosure 14775-422 Very truly yours, HNSON, D FIE: STEWART & WEIDNER Rettig • 301 MARKET STREET_ P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@IbSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER,'P.C. EXHIBIT "B" '7---4ERRY R. DUFFIE RICHARD W. STEWART EDMUND G. MYERS •DAVID W. DELUGE JOHN A. STATLER JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA P. GREEVY WADE D. MANLEY John J. Mangan, Esquire Bayley & Mangan, 17 West South Street Carlisle, PA 17013 -L A W OFFICES OHNSON__ DUFFIE :;,t.: a,N .t? G A CENTURY v` 1914-2014 October 27, 2014 BARRIE B. GEHRLEIN W. DARREN POWELL ANTHONY T. LUCIDO CAROLYN B. MCCLAIN JOHN A. LUCY MATTHEW RIDLEY KAREN L. MASCIO BRIAN W. CARTER OF COUNSEL ' HORACE A. JOHNSON • C. ROY WEIDNERJR. F;;T, NO. 105 ...... Re: Heather Shives and Kayley Brode, a minor, by Heather Shives, Mother v Michael Budzinski, and Anthony Budzinski Cumberland County C.C.P. Docket No. 14-1808 Dear Attorney Mangan: We have not received your clients' answers to Defendants' Interrogatories and Request for Production of Documents forwarded to you on September 16, 2014. Kindly respond to this discovery by November 13, 2014. Thank you. JBR:jrs:660336 14775-422 Very truly yours, NSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O. BOX 109 LEMOYNE; PENNSYLVANIA 17043-0109 WWW.JDSWCOM 717.76.1.4540 FAX: 717.761.3015 MAILOSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE AND NOW, this /4 day of December, 2014, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion to Compel upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Attorneys for Plaintiffs Joh Bv: 666653 , Duffie, Stewart & Weidner Janine Schwalm, Paralegal to Jeffrey B. Rettig, Esquire HEATHER SHIVES and KAYLEY BRODE, a minor, by HEATHER SHIVES, Mother, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-1808 v. CIVIL ACTION — LAW MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants ORDER OF COURT AND NOW, this 5TH day of DECEMBER, 2014, a Rule is issued upon Plaintiffs to Show Cause why the Defendants' Motion to Compel should not be granted. Rule returnable twenty (20) days after service. Edward E. Guido, J. 444 J . rZa�yv3 144-t J. Ze.i44 1.21V/Y C) Fri rrl C3 z J.r ; �.-- C. y.} - S� Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire (I.D. No. 19616) By: Karen M. Romano, Esquire (I.D. No. 88848) 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com; kmr@jdsw.com HEATHER SHIVES and KAYLEY BRODE, : a minor, by HEATHER SHIVES, Mother, : Plaintiffs v. MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Attorneys for Defendants, Michael Budzinski and Anthony Budzinski IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-1808 CIVIL ACTION — LAW Defendants DEFENDANTS' PETITION TO MAKE RULE ABSOLUTE AND NOW, come the Defendants, Michael Budzinski and Anthony Budzinski, by and through their counsel, Johnson, Duffie, Stewart & Weidner, who respectfully request that this Honorable Court make absolute the Rule issued on December 5, 2014 and in support thereof, represent as follows: 1. Plaintiffs commenced the above -captioned action by filing a Writ on or about March 27, 2014. 2. Plaintiffs filed a Complaint on or about September 22, 2014. 3. In the Complaint, Plaintiffs allege injuries and damages as a result of a motor vehicle accident that occurred on or about March 29, 2013. 4. By correspondence dated September 16, 2014, Plaintiffs were served with Defendants' Interrogatories and Request for Production of Documents. A copy of the correspondence is attached hereto and marked Exhibit A. 5. Plaintiffs did not provide answers to Defendants' discovery. 6. By correspondence dated October 27, 2014, counsel for Plaintiffs was reminded by counsel for Defendants that Plaintiffs' answers to Interrogatories and responses to Request for Production of Documents were overdue and had not yet been received. Plaintiffs' counsel was given an additional month (to November 13, 2014) to file answers. A copy of the correspondence is attached hereto as Exhibit B. 7. Plaintiffs did not provide answers to Defendants' discovery. 8. On December 1, 2014, counsel for Defendants filed a Motion to Compel Plaintiffs' answers to Interrogatories and response to Request for Production of Documents. 9. On December 5, 2014, Judge Edward E. Guido issued a Rule upon Plaintiffs' to show cause why Defendants' Motion to Compel should not be granted. A copy of the Order is attached hereto as Exhibit C. 10. A copy of Judge Edward E. Guido's Order was provided to Plaintiffs by the Court. See Exhibit C. 11. Plaintiffs did not respond to the Rule to Show Cause that was served on them. 12. As of this date, the undersigned has not received any communication from Plaintiffs. 13. Defendants have been prejudiced by the Plaintiffs' failure to prosecute this matter and have been unable to obtain sufficient information to determine the Plaintiffs' alleged injuries in relation to this incident or the facts surrounding the incident. 14. The Plaintiffs' lack of due diligence in failing to proceed with reasonable promptness is unreasonable and no compelling reasons exist for this delay. WHEREFORE, your Honorable Court is respectfully requested to make the rule absolute, and Order Plaintiffs to provide full and complete answers to Defendants' Interrogatories and Request for Production of Documents or face Rule 4019 sanctions on further motion. Date: / -/5 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER rey B. Rettig upreme Ct. LD,# 116 301 Market Street Lemoyne, PA 17043 (717) 761-4540 Attorneys for Defendants EXHIBIT "A" - iER1T•R. DUFFIE . RICHARD W. STEWART • EDMUND G. MYERs DAVID W.'DELUCE JOHN A..STATLER JEFFREY B. RETTIC MART C. DUFFLE - JOHN R. NINosKY MICHAEL J. CASSIDY MELISSA P. GREE`' WADE D. MANLEY LAW OFFICES JbINSON DUFFIE 1914-2014. September 16, 2014 BARRIE B. GEHRLELN W. DARREN POWELL ANTHONY T. LUCIDO CAROLYN B. MCCLAIN-- JOHN A. LucY NLATTIIEw RIDLEY KAREN L. MASCIO BRIAN W. CARTER OF COUNSEL • HORACE A. JOHNSON C. ROY WEIDNER. JR. V- R!'PER'S i':::'i . . 1(35 John J. Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Re: Heather Shives and Kayley Brode, a minor, by Heather Skives, Mother v Michael Budzinski and Anthony Budzinski Cumberland County C.C.P. Docket. No. 14-1808 Dear Attorney Mangan: Enclosed please find Defendants' interrogatories and Request for Production of Documents. addressed to your clients, Heather Shives and Kayley Brode. Kindly respond to this discovery within thirty (30) days as required by the Pennsylvania Rules of Civil Procedure. Thank you for your attention to this matter: J B R:jrs:651967 Enclosure 14775-422 Very truly yours,. HNSON, DFIE: STEWART & WEIDNER 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM • 717.761.4540 FAX:. 717.761.3015 MAIL@JDSW,COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. EXHIBIT "B" Y R. DUFFIE RICHARD W. STEWART EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY IVIELISSA P. GREEVY WADE D. MANLEY OI-INSON DUFFIE 1914-2014 October 27, 2014 BAR -RIE B. GEHRLELN W. DARREN POWELL ANTHONY T. LUCIDo CAROLYN 3.- MCCLAIN JOHN A. LUCY MATTHEW RIDLEY KAREN L. MASCIO BRIAN W. CARTER OF COUNSEL HORACE A. JOHNSON . C. ROY WEIDNER..JR.- 1A'gr;•F 'S NO. 1 r;i: John J. Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Re: Heather Shives and Hayley Brode, a minor, by Heather Shives, Mother v Michael Budzinski and Anthony Budzinski Cumberland County C.C.P. Docket No. 14-1808 Dear Attorney Mangan: We have not received your clients' answers to Defendants,' Interrogatories and Request for Production of Documents forwarded to you on September 16,- 2014. Kindly respond to this discovery by November 13, 2014. Thank you. J B R:jrs:660336 14775-422 Very truly yours, NSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.0. BOX 109, LEMOYNE, PENNSYLVANIA -17043-0109. WIZ WJDSWCOM 717.76.1.4540 FAX: 717.761.3015 MAIL @ JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. EXHIBIT "C" HEATHER SHIVES and KAYLEY IN THE COURT OF COMMON PLEAS OF • BRODE, a minor, by HEATHER CUMBERLAND COUNTY, PENNA. SHIVES, Mother, Plaintiffs NO. 14-1808 v. CIVIL ACTION — LAW MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants ORDER OF COURT AND NOW, this 5TH day of DECEMBER, 2014, a Rule is issued upon Plaintiffs to Show Cause why the Defendants' Motion to Compel should not be granted. Rule returnable twenty (20) days after service. 144 -Li J.Q.E:144tir /4-cpy Edward E. Guido, J. CERTIFICATE OF SERVICE AND NOW, this day of January, 2015, the undersigned does hereby certify that she did this date serve a copy of the foregoing Petition to Make Rule Absolute upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:. John Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Attorneys for Plaintiffs Johnson, Duffie, Stewa & Weidner a /,,C /tet._ okic anine Schwalm, Paralegal to Jeffrey B. Rettig, Esquire 672070 HEATHER SHIVES and KAYLEY BRODE, : a minor, by HEATHER SHIVES, Mother, : Plaintiffs v. MICHAEL BUDZINSKI and ANTHONY : BUDZINSKI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-1808 CIVIL ACTION — LAW ORDER AND NOW, this 764 day ofti MGI/% . , 2015, the Rule to Show Cause is made absolute and it is hereby ORDERED and DECREED that Plaintiffs' Heather Shives and Kayley Brode, a minor, by Heather Shives, Mother, shall provide full, complete and verified answers to Defendants' Interrogatories and Request for Production of Documents within Act days of this Order or face Rule 4019 sanctions on further motion. BY TH J. Distribution List: Jeffrey B. Rettig, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, PO Box 109, Lemoyne, PA 17043 (717) 761-4540 John Mangan, Esquire, Bayley & Mangan, 17 West South Street, Carlisle, PA 17013 (717) 241-2446 L€cL rriCJ r--.