The URL can be used to link to this page

Home My WebLink About14-2322 Supreme Court- of Pennsylvania Con " Com Pleas >l NN et For Prothonotary Use Only: �!1 C [J` f�c711 County Docket No: 1j ST 14- o23Z O ivi l 'T — am The information collected on this form is used solely court administration purposes. This forin does not sup lement or replace the and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint El Writ of Summons El Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking ;E E C Lead Plaintiff's Name: — _ _ ' ^ Lead Defendant's Name: --- _ T Melvine Kline i John Foster, III - I ❑ Check here if you are a Self - Represented (Pro Se) Litigant O Name of Plaintiff /Appellant's Attorney: Matthew S. Crosby f —` N Are money damages requested? : Z Yes E] No Dollar Amount Requested: ❑ within arbitration limits (Check one) outside arbitration limits A Is this a Class Action Suit? ❑ Yes ❑X No 1 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑X Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation El Premises Liability El Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other El E mass tors) Employment Dispute: — ❑ Slander/Libel /Defamation Discrimination ' ❑Employment Dispute_ Other C 171 Other: , Judicial Appeals ❑ MDJ - Landlord/Tenant �I � ❑Other: ❑ MDJ -Money Judgment O MASS TORT i - ._ ❑Other: ❑ Asbestos z N Tobacco ❑ H Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste r Other: ❑ Ejectment ❑ Common Law /Statutory Arbitration B - —I ❑ Eminent Domain/Condemnation El Declaratory Judgment i ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: - _ _ ❑ Other: _ ❑ Other Professional: ' Pa.R.C.P. 205.5 212010 Matthew S. Crosby (PA 69367) Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax: 717.233.3029 crosby@hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELVIN KLINE, 103 11th Street, New Cumberland, PA 17070, NO.: ( — a3 �,i�t ITetm Plaintiff, V. C� CIVIL ACTION — LAW 3, `- JOHN FOSTER, III, 1700 Wyndam Road,. Camp Hill, PA 17011, _ Defendant.'` NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 $103- P13 ATN (800) 990 -9108 (717) 249 -3166 6 pt - w4550 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accidn dentro de los proximos veinte (20) dias despues de la notificacidn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED 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 CLIALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 (717) 249 -3166 HANDLER, HENNING & ROSENBERG, LLP B' Matthew S. Crosby, Esquire Matthew S. Crosby (PA 69367) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax: 717.233.3029 crosby @hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELVIN KLINE, 103 11 th Street, New Cumberland, PA 17070, NO.: Plaintiff, V. CIVIL ACTION — LAW JOHN FOSTER, III, 1700 Wyndam Road, Camp Hill, PA 17011, Defendant. COMPLAINT AND NOW comes the Plaintiff, Melvin Kline ( "Mr. Kline "), by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and makes the within Complaint against Defendant, John Foster, III ( "Defendant "), and in support thereof avers as follows: 1. Mr. Kline is a competent adult individual currently residing at 103 11th Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is, upon information and belief, a competent adult individual with a last known address of 1700 Wyndam Road, Camp Hill, Cumberland County, Pennsylvania. 3. At all times material hereto, Mr. Kline was the owner and operator of a bicycle ( "Plaintiffs bicycle "). 4. At all times material hereto, Defendant, was the owner and operator of a 2012 Ford Taurus, bearing Pennsylvania registration number ETN5110 ( "Defendant's vehicle "). 5. At all times material hereto, and the road was in question. 6. At approximately 7:09 A.M. on January 3, 2013, Mr. Kline was biking in a westerly direction along the northern side of the westbound lane of Simpson Ferry Road at its intersection with 16th Street and the Interstate 83 northbound entrance ramp in New Cumberland, Cumberland County, Pennsylvania. 7. Defendant was operating Defendant's vehicle traveling eastbound on Simpson Farm Road, at approximately the same time and place. 8. Suddenly, without warning, Defendant attempted to turn left onto the Interstate 83 northbound entrance, violently striking Mr. Kline. 9. The occurrence of the aforementioned collision and all the resultant injuries to Mr. Kline are the direct and proximate result of Defendant's negligence, generally, and more specifically, as set forth below: a) In driving Defendant's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; b) In failing to keep a proper lookout for vehicles, pedestrians, and bicycles lawfully upon the roadway; 2 c) In failing to be reasonably vigilant to observe Plaintiff's bicycle lawfully upon the roadway; d) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendant's vehicle under such control that injury to persons or property could be avoided; e) In moving Defendant's vehicle when the movement could not be achieved safely, in violation of 75 Pa.C.S. § 3333; and f) In turning left without assuring the maneuver could be completed safely, in violation of 75 Pa.C.S. § 3334(a). g) In failing to yield the legal right of way to Mr. Kline. 10. As a direct and proximate result of Defendant's negligence, Mr. Kline has suffered personal injuries, including, but not limited to, injuries to back and neck including fractures to his cervical and thoracic vertebrae. 11. As a direct and proximate result of Defendant's negligence, Mr. Kline has undergone continuing medical care for the aforesaid injuries, including, but not limited to, injections, physical therapy, and surgery resulting in permanent scarring. 12. As a direct and proximate result of Defendant's negligence, Mr. Kline has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 13. As a direct and proximate result of Defendant's negligence, Mr. Kline has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine 3 and/or medical attention, and will be required to spend money for the same purposes in the future, to his detriment and loss. 14. As a direct and proximate result of Defendant's negligence, Mr. Kline has suffered a loss in enjoyment of life's pleasures, and he will continue to suffer the same in the future, to his detriment and loss. 15. As a direct and proximate result of Defendant's negligence, Mr. Kline has been, and will in the future be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. 16. As a direct and proximate result of Defendant's negligence, Mr. Kline has been unable to work and will continue to suffer a loss of income and/or earning capacity in the future WHEREFORE, Plaintiff, Melvin Kline, seeks damages from Defendant, John Foster, I11, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: a q / ) 5 /2014 By: Matthew S. Crosby (PA 69367) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: (717) 238 -2000 Fax: (717) 233 -3029 crosby @hhrlaw.com Attorneys for Plaintiff, Melvin Kline. 4 11 ` VERIFICATION _ The.undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: _ ,, 2 1I V il, (Melvin Kline Matthew S. Crosby (PA 69367) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax: 717.233.3029 crosby @hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELVIN KLINE, Plaintiff n v. NO.. 14 - a3 as C JOHN FOSTER, III, -. Defendant. CIVIL ACTION — LAW CO r PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT JOHN FOSTER, III To: JOHN FOSTER, III 1700 Wyndam Road Camp Hill, PA 17011 Pursuant to Pennsylvania Rule of Civil Procedure 4009, Plaintiff, Melvin Kline, hereby request that Defendant, John Foster, III, produce the documents (including those stored electronically) described below for inspection and copying at the offices of Plaintiff's counsel, Handler Henning & Rosenberg LLP, 1300 Linglestown Road, Suite 2, Harrisburg, Pennsylvania 17110 within thirty (30) days of the date of service hereof. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: �f -�,�' ' B atthew . Crosby ((PA 693671) w I. DEFINITIONS Plaintiff incorporates by reference the definitions set forth in their First Set of Interrogatories directed to John Foster, III as if the same were set forth at length here. Unless otherwise noted, these requests cover the period from five years prior to the date of the incident to the present. II. INSTRUCTIONS If Defendants object to the production of any documents on the grounds that the attorney - client privilege, attorney work product or any other privileges are applicable thereto, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in preparation of the document; (d) Identify each person who received it; (e) Identify each person for whom the documents were received; (f) State the present location of the document and all copies thereof, (g) Identify each person who has ever had possession, custody or control of the document, or a true and correct copy thereof, and (h) Provide sufficient information concerning the document and the circumstance thereof to substantiate the claim of privilege and to permit the adjudication of the propriety of that claim. 2 III. DOCUMENTS REQUESTED 1. Identify and produce all statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing the incident which gave rise to this action, and any defenses thereto. 2. Identify and produce all photographs, diagrams and/or videos of the area involved in this incident, the locale or surrounding area of the site of this incident, or any other matter or things involved in this incident. 3. Identify and produce any and all documents containing the names and home and /or business addresses of all individuals who may be potential witnesses in this case. 4. Identify and produce all property damage estimates rendered for any property belonging to the Plaintiff, Defendant, or any other party which was involved in this incident. 5. Identify and produce all bills, reports and records from any and all physicians, hospitals, or other health care providers concerning the injuries sustained by Defendant in this incident. 6. Identify and produce all documents of any and all surveillance of Plaintiff performed by anyone acting on behalf of Defendant, Defendant's insurer and /or Defendant's attorney. 7. Identify and produce any and all documents, reports, writings, memoranda, xeroxed cards and/or other writings, lists or compilations of Plaintiff and others with similar names as indexed by the Metropolitan Index Bureau, Central Index Bureau or any other Index Bureau in possession of the Defendant or Defendant's insurance carrier 8. Identify and produce your cellular phone statement or bill covering the date of this 3 v incident. 9. Identify and produce the entire file accumulated by you or your insurance company relating to the incident which is the subject matter of this litigation, including, but not limited to, your automobile insurance company's first -party benefit file and all other claims files, any item within the definition of documents explained above, as well as any other document, intangible object, correspondence, memoranda, notes, telephone log, guidelines, photographs, videos, in the possession, custody, or control of your insurance company which in any way relate to the incident which is the subject matter of this litigation. 10. Identify and produce all expert opinions, reports, correspondence, summaries or other writings in the custody or control of the Defendant, Defendant's attorneys and /or Defendant's insurers, which relate to the subject matter of this litigation. 11. Identify and produce copies of all policies of insurance (primary and excess), including Declaration Pages, certificates of insurance, endorsements, additional insured endorsements, vendor's endorsements, riders, exclusions, schedules applicable to this litigation, and all documents naming you as an insured, named insured, additional insured, or operator, or which may cover the vehicle you were operating at the time of the incident. 12. Identify and produce any documents, directives, correspondence, investigation, statements or other documentary data pertaining to or in any way relating to the incident that is the subject of this lawsuit, including but not limited to, personal injury reports, accident reports, investigations and findings. This request excludes all documents which are protected from discovery by the Pennsylvania Rules of Civil Procedure. 13. Identify and produce all documents which describe the incident or cause thereof. 4 14. Identify and produce any and all documents relating to any criminal charges filed in connection with this incident. 15. Identify and produce any and all estimates for repair or repair bills for Defendant's vehicle as a result of the incident. 16. Identify and produce all documents and/or exhibits which you intend to rely upon or introduce at trial in this case. 17. Please also consider this a formal request for production of all documents referenced in your Answers to the within Interrogatories. 5 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE PRO oN b.� � !HIi I alif i'AY -7 r 1 t,1: J ! CUMBERLAND COUNTY PENNSYLVANIA Melvin Kline vs. John Foster, Ill Case Number 2014-2322 SHERIFF'S RETURN OF SERVICE 04/25/2014 03:55 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice and Plaintiffs First Set of Interrogatories by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: John Foster, Ill at 1700 W •.• am - •ad, Lower Allen, Camp Hill, PA 17011. M CLINE, DEPUTY SHERIFF COST: $45.44 SO ANSWERS, April 28, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw.com MELVIN KLINE, Plaintiff vs. JOHN FOSTER, III, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John A. Statler, Esquire of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendant, John Foster, III, in the above - captioned matter: OFF,;. HOSO 2014 HAY -7r �g �� 1' i I Attorneys for Defendant CUMBERLAND John Foster, I I I PENNSYLVANIA �' f IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 14-2322 Civil Term JURY OF TWELVE PERSONS DEMANDED Respectfully submitted, JOHNS By: Date: May , 2014 622105 FOIE ST WART & WEIDNER John A. Statlel ,, €sgLlire Attorney I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant John Foster, III CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of May, 2014 addressed to the following: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 JOHN iT,731 FIE, STEWART & WEIDNER By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw.com Attorney for Defendant, John Foster, Ill JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw.com MELVIN KLINE, Plaintiff vs. JOHN FOSTER, III, Defendant iLEl,L r<, rt- Nt'S'/'L Y4 r� /4't. Attorneys for Defendant John Foster, Ill : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW NO. 14-2322 Civil Term JURY OF TWELVE PERSONS DEMANDED NOTICE TO PLEAD TO: Melvin Kline c/o Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNDUFFIE, STEWART & WEIDNER By: John A. Statler, Eire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant John Foster, III JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw.com MELVIN KLINE, Plaintiff vs. JOHN FOSTER, III, Defendant Attorneys for Defendant John Foster, Ill • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA • CIVIL ACTION — LAW • NO. 14-2322 Civil Term JURY OF TWELVE PERSONS DEMANDED ANSWER OF DEFENDANT JOHN FOSTER, III TO PLAINTIFF'S COMPLAINT INCLUDING NEW MATTER AND NOW, comes the Defendant, John Foster, III, by his attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who file the following Answer and New Matter in response to the Plaintiffs Complaint in this case: 1. Denied. After reasonable investigation Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 2. Admitted. 3. It is admitted that Mr. Kline was the operator of a bicycle. It is unknown whether Mr. Kline was the owner of the bicycle. 4. Admitted. 5. The averments in this paragraph are unintelligible to Defendant and, therefore, the averments are denied. 6. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. It is admitted that Plaintiff was operating a bicycle in the area of Simpson Ferry Road, 16th Street and the 1-83 on-ramp. 7. Admitted with clarification. It was Simpson Ferry Road. 8. Denied as stated. It is specifically denied that Defendant suddenly and without warning attempted to turn left onto the Interstate 83 northbound entrance. It is admitted that Defendant was in the process of making a left turn onto the Interstate 83 northbound entrance when he was involved in a collision with Mr. Kline's bicycle. 9. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that Defendant was negligent and further denied that the collision of January 3, 2013, and the injuries claimed by the Plaintiff, were the direct and proximate result of any negligence of the Defendant. By way of further answer, it is specifically denied that the Defendant was negligent: a. In driving Defendant's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; b. In failing to keep a proper lookout for vehicles, pedestrians and bicycles lawfully upon the roadway; c. In failing to be reasonably vigilant to observe Plaintiffs bicycle lawfully upon the roadway; d. In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendant's vehicle under such control that injury to persons or property could be avoided; e. In moving Defendant's vehicle when the movement could not be achieved safely in violation of 75 Pa.C.S. § 3333; f. In turning left without assuring the maneuver could be completed safely, in violation of 75 Pa.C.S. § 3334(a); and g. In failing to yield the legal right of way to Mr. Kline. 10. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that the Defendant was negligent and denied that the Plaintiff suffered any injuries, losses or damages as a direct and proximate result of any negligence of the Defendant. 11. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that the Defendant was negligent and denied that the Plaintiff suffered any injuries, losses or damages as a direct and proximate result of any negligence of the Defendant. 12. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that the Defendant was negligent and denied that the Plaintiff suffered any injuries, losses or damages as a direct and proximate result of any negligence of the Defendant. 13. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that the Defendant was negligent and denied that the Plaintiff suffered any injuries, losses or damages as a direct and proximate result of any negligence of the Defendant. 14. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that the Defendant was negligent and denied that the Plaintiff suffered any injuries, losses or damages as a direct and proximate result of any negligence of the Defendant. 15. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that the Defendant was negligent and denied that the Plaintiff suffered any injuries, losses or damages as a direct and proximate result of any negligence of the Defendant. 16. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that the Defendant was negligent and denied that the Plaintiff suffered any injuries, losses or damages as a direct and proximate result of any negligence of the Defendant. WHEREFORE, Defendant John Foster, Ill respectfully requests that the Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant John Foster, Ill and against the Plaintiff Melvin Kline in this case. NEW MATTER By way of additional answer and reply, Defendant John Foster, Ill raises the following new matters: 17. Some or all of the Plaintiffs claims are 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. § 1701 et seq. and especially by § 1722 of that law. 18. To the extent that some of the Plaintiffs damages have been paid or are payable in the future by insurance, group contract or other arrangements for payment, then claims for those damages are barred by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1722. 19. The Plaintiffs claims for future medical expenses in this case are barred by the Patient Protection and Affordable Care Act, Public Law 111-148, a/k/a "ObamaCare" and by 75 Pa.C.S.A. § 1722 and by the defense of payment generally. WHEREFORE, Defendant John Foster, Ill respectfully requests that the Plaintiff's Complaint be dismissed and that judgment be entered in favor of Defendant John Foster, Ill and against the Plaintiff Melvin Kline in this case. Respectfully submitted, JOHNSONr91ZFFIE, STERT & WEIDNER By: Date: May 1"f, 2014 622130 John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant John Foster, Ill VERIFICATION I, JOHN FOSTER, Ill, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer of Defendant to Plaintiff's Complaint Including New Matter; 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. John Fo ter, in DATE: /1/ Ili/ y TT CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer with New Matter to Plaintiffs Complaint upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the f `I day of May, 2014 addressed to the following: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 JOHN •N, DUFFIE, STEWART & WEIDNER By: John A. Statler, Es�!w- I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw.com Attorney for Defendant, John Foster, Ill II'Plj • ti .; ; ,3 N,/SyCNN/Afiry Matthew S. Crosby, Esq. Attorney ID# 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby@hhrlaw.com Attorney for Plaintiff MELVIN KLINE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 14-2322 CIVIL v. JOHN FOSTER, III, CIVIL ACTION - LAW Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Melvin Kline, by and through his attorneys, Handler, Henning & Rosenberg, LLP, by Matthew S. Crosby, Esquire, and Replies to Defendant's New Matter as follows: 17. Denied. The allegations in Paragraph 17 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 18. Denied. The allegations in Paragraph 18 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 19. Denied. The allegations in Paragraph 19 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's allegations and enter judgment in favor of the Plaintiff. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: May 20, 2014 By. 2 Matthew S. C sby, Esquire LD. No.: 69367 Attorney for Plaintiff Matthew S. Crosby, Esq. Attorney ID# 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby@hhrlaw.com Attorney for Plaintiff MELVIN KLINE, v. JOHN FOSTER, III, Plaintiff Defendant . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA NO.14-2322 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE On this 20th day of May, 2014, I hereby certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: John A. Statler, Esquire JOHNSON DUFFIE 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant NING & ROSENBERG, LLP By: Matthew S. Crosby, Esquire I.D. No.: 69367 Attorney for Plaintiff Matthew S. Crosby Attorney ID# 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Crosby@hhrlaw.com 10 Phi - IL.)/ �i t. fdp Attorney for PlairStiff MELVIN KLINE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JOHN FOSTER, III Plaintiff Defendant • : NO. 14-2322 CIVIL : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this C day of J'nt, 2014, I hereby certify that I have, on this date, served the within Plaintiff's Answers to Defendant's Interrogatories, Supplemental Interrogatory (#33), and Document Requests, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: John A. Statler, Esq. Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 6(Date: ! t 1j Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Matthew S. Crosby, Esq. Attorney ID No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs 2 ("I ,77 I ft 1.1" O H0 01 rT 20 11: 51 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA IN THE MATTER OF: MELVIN KLINE vs. JOHN FOSTER, III PURSUANT TO RULE 4009.22 Court of Common Pleas - Cumberland County, PA TERM: CASE No: 14-2322 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JOHN STATLER Defendant certifies that (1) A notice of intent to serve the 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) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 10/15/2014 RecordTrak on behalf of /S/ JOHN STATLER Attorney for Defendant RT#: 272064 RECORDS PERTAIN TO: MELVIN KLINE MELVIN KLINE COURT: Court Of Common Pleas - Cumberland County, Pa vs. •TERM: JOHN FOSTER, III : DOCKET: 14-2322 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: MATTHEW S. CROSBY HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN RD HARRISBURG, PA 17110 (717) 233-3029 September 30, 2014 Please take notice that on behalf of JOHN STATLER, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until October 20, 2014 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY October 20, 2014 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG RECORD CUSTODIAN 1 KUNKLE FAMILY HEALTH 2 GULLIFTY'S 3 PENN STATE MILTON S. HERSHEY MEDICAL CENTER (RAD) Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: RT: 272064.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELVIN KLINE V. JOHN FOSTER, III File No: 14-2322 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: KUNKLE FAMILY HEALTH (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 or things: See attached rider. at 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoea together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days afte its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone; (S00) 220-1291 BY THE COURT: Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court laifL Prothonotary (77(024 RE: MELVIN KLINE vs. JOHN FOSTER, III CASE NO. 14-2322 CIVIL RECORDTRAK FILE #: 272064; TAG 1 LOCATION: KUNKLE FAMILY HEALTH RECORDS PERTAIN TO: MELVIN KLINE SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION Dated X/X/XXXX to the Present. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PA [LENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. THOMAS KUNKLE ** RT: 272064.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELVIN KLINE V. JOHN FOSTER, III File No:14-2322 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: GULLIFI'Y' S (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 or things: See attached rider. at 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoena together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought If you fail to produce the documents or things required by tbis subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: 100•1220-1291 Supreme Court ID# Attorney for: Defendant DATE: /15 %g Seal of the Court BY THE COURT: Prothonotary 9)Zowsed—e_Ji L RE: MELVIN KLINE vs. JOHN FOSTER, III CASE NO. 14-2322 CIVIL RECORDTRAK FILE #: 272064; TAG 2 LOCATION: GULLIFTY'S RECORDS PERTAIN TO: MELVIN KLINE SS #: , DOB: X . ANY AND ALL RECORDS IN YOUR POSSESSION INCLUDING APPLICATIONS, RESUMES, POSITIONS HELD, PAYROLL RECORDS, PERFORMANCE EVALUATIONS, AI IENDANCE RECORDS, WORKERS COMPENSATION RECORDS, EMPLOYEE HEALTH RECORDS, MEDICAL OR DISABILITY CLAIM/BENEFIT RECORDS, WORK RELATED ACCIDENT REPORTS, INSURANCE RECORDS, AND PENSION RECORDS. RT: 272064.3 j COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELVIN KLINE V. JOHN FOSTER, III File No:14-2322 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENN STATE MILTON S. HERSHEY MEDICAL CENTER (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 or things: See attached rider. at 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoena together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or prot.ucing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nanne: RecordTrak, JOHN STATLER Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800)220-1291 Supreme Court ID# Attorney for; Defendant DATE: Seal of the Court BY THE COURT: ILae Prothonotary RE: MELVIN KLINE vs. JOHN FOSTER, III CASE NO. 14-2322 CIVIL RECORDTRAK FILE #: 272064; TAG 3 LOCATION: PENN STATE MILTON S. HERSHEY MEDICAL CENTER (RAD) RECORDS PERTAIN TO: MELVIN KLINE SS #: , DOB: X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS FROM X/X/XXJC{ TO PRESENT