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Home My WebLink About14-2464 v Y � Supreme Court.of Pennsylvania Court, "t of Co m ' on Pleas C *i'v11�Co ei; beet For Prothonotary Use Only: Cumberland County Docket No: ST ?tT� The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service o% pleadings or other papers cis required b) low or rules of court. Commencement of Action: S ❑ Complaint . 0 Writ of Summons El Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Vikki Rarick Joshua Bower 1 0 Check here if you are a Self - Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant's Attorney: Andrew C. Spears N Are money damages requested? Yes No Dollar Amount Requested: ❑ within arbitration limits : ❑X ❑ (Check one) —0— outside arbitration limits A Is this a Class Action Suit? ❑ Yes No 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 X1 Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include E] Statutory Appeal: Other E mass tort) Employment Dispute: Slander/Libel/ Defamation Discrimination ❑ C ❑ Other: ❑Employment Dispute: Other .I, Judicial Appeals ❑ MDJ - Landlord/Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N Tobacco HToxic Tort - DES ❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Other: El Common Law /Statutory Arbitration B El Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ 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 i • r ) r NIA Pr I St�L lye /� n 'Ai r j �• Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238 -2000 Attorney for Plaintiff(s) Fax : (717) 233 -3029 E -mail: Spears @hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2014 U (� I Civil Action (XX) Law ( ) Equity Vikki Rarick : Joshua Bower 310 Cherry Street : 36 Monarch Lane Saint Clair, PA 17970 Mechanicsburg, PA 17050 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above - captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff Andrew C. Spears Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 (V "_Q Harrisburg, PA 17110 Signature of Attorney (717) 238 -2000 Supreme Court ID No. 87737 �� -6 Name /Address/Telephone No. Q� J of Attorney Date: April 17, 2014 Moo vo r xx �� IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA '',1 No. 2014 - � Ll ta q Civil Action (XX) Law ( ) Equity Vikki Rarick Joshua Bower 310 Cherry Street 36 Monarch Lane Saint Clair, PA 17970 Mechanicsburg, PA 17050 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary 1 Date: � b - _ putt' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ;_;�-{fct, Sheriff i F HE PROTHONOTARY R'Y 20I.4 MAY 13 PH 3: Q 5 CUMBERLAND COUNT f E #wk=) PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor Tk Vikki Rarick vs. Case Number Joshua Bower 2014-2464 SHERIFF'S RETURN OF SERVICE 05/02/2014 05:07 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Writ of Summons by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Joshua. Bower at 808 B Fairfield Street, Mechanicsburg, PA 17050. JASON KI' NSEEI DEPUTY SHERIFF COST: $50.60 SO ANSWERS, May 06, 2014 (c) CountySue Sheriff, "ieleosoft. Inc. RONZ ANDERSON, SHERIFF Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4963 Andrea_J_Bullock@Progressive.com Our File #124720468-001 Vikki Rarick v. Joshua Bower Attorney for Defendant Joshua L. Bower :1E" PRO7110 U14 r 19 �;.f,,, CUi�BF13L ^ Pf' PENNS r COUNT)" NIA r y : Court of Common Pleas : Cumberland County : 2014-2464 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Joshua L. Bower in the above -captioned matter. Law Offices of Hubshman, Flood & Bullock By: obLuk �. Andrea J. Bullock, Esquire Attorney for Defendant Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4963 Andrea_J_Bullock@Progressive.com Our File #124720468-001 Vikki Rarick v. Joshua Bower 474 Attorney for Defendant r ,� ' fi j Joshua L. Bower F,V, y � , / : Court of Common Pleas : Cumberland County : 2014-2464 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon the Plaintiff to file a Complaint within twenty (2o) days hereof or suffer the Entry of Judgment Non Pros. Law Offices of Hubshman, Flood & Bullock By: drea J. Bullock, Esquire Attorney for Defendant RULE TO FILE COMPLAINT AND NOW, )vne 11, a6)(1 a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the Entry of Judgment Non Pros. PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VIKKI RARICK, JOSHUA BOWER, Plaintiff(s) v. Defendant(s) 2014-2464 Civil Action - Law 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 (800) 990-9108 (717) 249-3166 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 accion dentro de los proximos veinte (20) dias despues de la notificacion 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 reclamacion 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. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Andrew C. Spears (PA 87737) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 spears@hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, v. JOSHUA BOWER Plaintiff, Defendant. NO.: 2014 -2464 -CIVIL CIVIL ACTION — LAW COMPLAINT Plaintiff, Vikki Rarick ("Ms. Rarick"), by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., makes this Complaint against the Defendant, Joshua Bower (Defendant"), and avers as follows: 1. Ms. Rarick is a competent adult individual currently residing at 310 Cherry Street, Saint Clair, Schuylkill County, Pennsylvania. 2. Defendant is, upon information and belief, a competent adult individual currently residing at 36 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material hereto, Defendant owned and operated a 1999 Honda CRV, bearing Pennsylvania license plate number HXY7814 ("Defendant's vehicle"). 4. At all times material hereto, Ms. Rarick was riding as a passenger in the back right seat of Defendant's vehicle. 5. At all times material hereto, it was dark and there were no adverse weather or road conditions. 6. On May 5, 2012, at approximately 10:30 p.m., Defendant was traveling westbound in the left travel lane on Gettysburg Road in Lower Allen Township, Cumberland County, Pennsylvania. 7. At approximately the same time and place, a vehicle owned by Jonathan Fiaschetti was also travelling westbound on Gettysburg Road ("Fiaschetti's vehicle") in the right travel lane. 8. Suddenly, and without warning, Defendant made a lane change from the left lane to the right lane, where the right side of Defendant's vehicle violently struck the front left side of Fiaschetti's Vehicle, which was lawfully traveling in the right lane. 9. Following the crash, the police report indicated that Defendant had made a careless lane change. 10. As a direct and proximate result of Defendant's negligence, Ms. Rarick sustained injuries as set forth more specifically below. 2 COUNT I — NEGLIGENCE Vikki Rarick v. Joshua Bower 11. All prior paragraphs are incorporated herein as if set forth fully below. 12. The occurrence of the aforementioned collision and all the resultant injuries to Ms. Rarick 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 exercise reasonable care in the operation and control of Defendant's vehicle, in violation of 75 Pa.C.S. § 3714; c. in failing to move Defendant's Vehicle from one traffic lane to another in a safe manner, in violation of 75 Pa.C.S. § 3334; d. in failing to operate Defendant's vehicle at a speed that was safe for the existing conditions and hazards, in violation of 75 Pa.C.S. § 3361; e. in failing to have sufficient control of Defendant's vehicle, which would have allowed the vehicle to be maneuvered in a way that would avoid doing injury to any person or any thing likely to arise under the circumstances; and f. in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in 3 has: failing to have Defendant's vehicle under such control that injury to persons or property could be avoided. 13. As a direct and proximate result of Defendant's negligence, Ms. Rarick a. suffered personal injuries including, but not limited to, injuries to her head, neck, stomach, legs, vertigo, and short- term memory loss. b. undergone continuing medical care for her injuries. c. suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. d. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to her detriment and loss. e. suffered a loss of life's pleasures and will continue to suffer the same in the future, to her detriment and loss. f. been, and will in the future continue to be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. 4 Wherefore, Plaintiff, Vikki Rarick, seeks damages from Defendant, Joshua Bower, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: July a 1, 2014 By: Respectfully submitted, HANDLER, HENNING AND ROSENBERG, LLP r) Andres (PA 87737) Attorney for plaintiff, Vikki Rarick 5 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew C. Spears Esquire Date: July 21, 2014 Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, Plaintiff(s) 2014-2464 v. Civil Action - Law JOSHUA BOWER, Defendant(s) CERTIFICATE OF SERVICE On, July 21, 2014, I hereby certify that a true and correct copy of Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Andrea J. Bullock, Esq. Law Offices of Hubshman, Carey & Flood 5165 Campus Drive Suite 200 Plymouth Meeting, PA 19462 Attorney for: Joshua Bower HANDLER, HENNING & ROSENBERG, LLP Andrew C. Spears T NOTICE TO PLEAD TO: All Parties You must p ad the enclosed Preliminary Objections (2o) days or risk default. squire efendant Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(61o) 276-4963 Andrea_J_Bullock@Progressive.com Our File #124720468-001 Vikki Rarick v. Joshua Bower CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the attached pleading upon all other parties or their attorneys by: _X r , ar mail ed mail onic filing o9ck for Defendant Attorney for Defendant, Joshua L. Bower : Court of Common Pleas : Cumberland County : 2014-2464 DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1. This action arises out of a motor vehicle accident that occurred on May 5, 2012. 2. On or about April 22, 2014, Plaintiff filed a Writ of Summons. Please see a true and correct copy of Plaintiff's Writ attached hereto as Exhibit "A." 3. Defendant was served with the Writ of Summons. 4. On or about June 19, 2014, Defendant filed Rule to File Complaint. Please see a true and correct copy of Defendant's Rule to File Complaint attached hereto as Exhibit "B". 5. On or about July 23, 2014, Defendant sent notice of intent to take Non Pros to Plaintiffs Counsel. Please see Defendant's notice of intent to take Non Pros attached hereto as Exhibit "C". 6. Plaintiff filed a Complaint on or about July 21, 2014. See Complaint attached hereto as Exhibit "D." 7. Plaintiffs counsel signed the verification to the Complaint. Please see signed verification attached hereto as Exhibit "E". 8. Plaintiff's Complaint was not properly verified by Plaintiff, and, therefore, fails to conform to the requirements set for the in Pa.R.C.P. No. 1024(a). 9. Defendant requests dismissal of Plaintiffs Complaint for Plaintiffs failure to provide a proper verification to Plaintiffs Complaint. 10. Pa.R.C.P. 1024(a) provides that every pleading containing narratives of fact y 0 s must contain a signed verification by the party or comply with the providing the reasons it is not. 11. For the above reason, it is submitted that Plaintiffs Complaint be stricken for failure to comply with the Pa.R.C.P. No. 1024. WHEREFORE, Defendant, Joshua Bower, respectfully requests that Defendant's Preliminary Objections be sustained, Plaintiffs Complaint be dismissed. Law i , ces o .1, bshman, Flood & Bullock ck or Defendant ATTORNEY VERIFICATION I, Andrea J. Bullock, Esquire, attorney for Defendant, verifies that the facts set forth in the attached Preliminary Objections are true to the best of my knowledge, information and belief. This Verification of facts is based upon a review of the investigative file and discussions with Defendant. This Attorney Verification is being submitted in lieu of a Verification by Defendant because Defendant's Verification could not be obtained in time for filing these Preliminary Objections. If the above statements are not true, the deponent is subject to the penalties of 18 Pa. C.S. §49o4 relating to unsworn falsification to authorities. 1 - Date drea J. , Esquire Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4963 Our File #124720468-001 Vikki Rarick v. Joshua Bower Attorney for Defendant, Joshua L. Bower : Court of Common Pleas : Cumberland County : 2014-2464 CERTIFICATE OF SERVICE I, Andrea J. Bullock, attorney for Defendant, Joshua L. Bower, hereby certify that I caused a true and correct copy of Preliminary Objections to Plaintiffs Complaint to be mailed this date by First Class, U.S. Mail, postage prepaid, to the following: Date: a .14 Andrew Spears, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 Law Office of S man, Flood & Bullock squire for Defendant EXHIBIT "A" • t- S E C T 0 N A S- E C T I 0 N B Supreme Court of Pennsylvania Cou ' f Csom I on Pleas aiv*FC,ovett S tet CLD,fb,- clafl4 County For Prothonotary Use Only: T,3tt z.,.„ Docket No: l J ILI j n Ilxll The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint . fl Writ of Summons 0 Petition 0 Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: Vikki Rarick Lead Defendant's Name: Joshua Bower 0 Check here if you are a Self -Represented (Pro Se) Litigant Name of Plaintiff/Appellant's Attorney: Andrew C. Spears Dollar Amount Requested: • within arbitration limits Are money damages requested? : ©Yes No (Check one) l:1 outside arbitration limits is tsisTa Class A-ction Suit? ❑- Yes C3 No Nature tithe 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) ❑ Intentional ❑ Malicious Prosecution X❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: Pa.RC.P. 205.5 CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other ❑ Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Adminiat►ative Agencies ❑ Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation ❑ Zoning Board ❑ Statutory Appeal: Other Judicial Appeals ❑ MDJ - Landlord/Tenant ❑ MDJ - Money Judgment ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Restraining Order ❑ Quo Warrant° ❑ Replevin 0 Other: 2/2010 Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Lingtestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com v ArR22 41-110, 59 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2014 Vikki Rarick 310 Cherry Street Saint Clair, PA 17970 Plaintiff(s) & Address(es) versus -Civil Action --(XX) - Law ( ) Equity : Joshua Bower : 36 Monarch Lane Mechanicsburg, PA 17050 Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above -captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff Andrew C. Spears Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg. PA 17110 (717) 238-2000 Name/AddresslTelephone No_ of Attorney Signature of Attorney Supreme Court ID No. 87737 Date: April 17, 2014 ufr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2014 - LIU1 Civil Action (XX) Law ( ) Equity Vikki Rarick Joshua Bower 310 Cherry Street 36 Monarch Lane Saint Clair, PA 17970 Mechanicsburg, PA 17050 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. igai2-66.& Prothonotary Ronny R Anderson Sheriff Jody S Smith • Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY PILED -OFFICE OF THE PROTHONOTARY 2611111AY 13 Pu 3: 05 CUMBERLAND COUNTY PENNSYLVANIA no? 0{ CCM bet4 Os OFFiCE OFN5 sKRIFF Vikki Rarick vs. Joshua Bower Case Number 2014-2464 SHERIFFS RETURN OF SERVICE 05102/2014 05:07 PM — Deputy Jason Kinsler, being duly sworn according to law, served the requested Writ of Summons by ''personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Joshua.Bower at 808 B Fairfield Street, Mechanicsburg, PA 17050. SHERIFF COST: $50.60 May 06, 2014 (q CourdySalo Strer111, 1 eleosoll. Inc. JASON1KINSLEK DEPUTY SO ANSWERS, RONtTY R ANDERSON, SHERIFF EXHIBIT "B" Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA. 19462 Telephone #(61o) 276-4963 Andrea_J_Bullock@Progressive. corn Our File #124720468-001 Vikid Rarick v. Joshua Bower Attorney for Defendant Joshua L. Bower : Court of Common Pleas : Cumberland County 2014-2464 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: /.;i p, ' f-,, 3 'S yl , c r ,. fr ¢P'sii Please enter a Rule upon the Plaintiff to file a Complaint within twenty (2o) days hereof or suffer the Entry of Judgment Non Pros. Law Offices of Hubshman, Flood & Bullock By: r) 'Uc.A "Andrea J. Bullock, Esquire Attorney for Defendant /6(' RULETOFILE COMPLAINT AND NOW,urke- l ! j ��/ r a Rule is hereby granted upon Plaintiff to file a Complaint within enty (20) days hereof or suffer the Entry of Judgment Non Pros. PROTHONOTARY i t unto sant my hand esealo, c e CQQ r . at Carlisle, Pa.�,,/ this ___L day of JO Yl. 20 Prothonotary S/ve-40' EXHIBIT "C" Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4963 Andrea_J_Bullock@Progressive.com Our File #124720468-001 Vikki Rarick v. Joshua Bower Attorney for Defendant, Joshua L. Bower : Court of Common Pleas : Cumberland County : 2014-2464 NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS To: Andrew Spears, Esquire • Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 You are hereby placed on notice that Defendant, Joshua Bower, intends to file a Praecipe for Entry of a Judgment of Non Pros due to Plaintiff, Vikki Rarick's failure to file a Complaint as required by Pa. R.C.P. 1037(a), within ten (10) days of the date of this notice. This notice is being sent in compliance with the mandates of Pa. R.C.P. 237.1(a)(2)(I). LAW OFFICES OF HUBSHMAN & FLOOD DATE: 7/23/14 BY: /s/aib ANDREA J. BULLOCK, ESQUIRE Attorney for Additional Defendant, Joshua L. Bower IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VIKKI RARICK, Plaintiff(s) 2014-2464 v. Civil Action - Law JOSHUA BOWER, Defendant(s) 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 (800) 990-9108 (717) 249-3166 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 accion dentro de los proximos veinte (20) dias despues de la notificacion 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 reclamacion 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. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE .PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ._ESJAOFICINA _LE PUEDAPROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Andrew C. Spears (PA 87737) -HANDLER, HENNING 8 ROSENBERG, LIP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 spears@hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, v. JOSHUA BOWER Plaintiff, Defendant. NO.:2014-2464-CIVIL CIVIL ACTION — LAW COMPLAINT • Plaintiff, Vikki Rarick ("Ms. Rarick'), by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., makes this Complaint against the Defendant, Joshua Bower ('Defendant"), and avers as follows: 1. Ms. Rarick is a competent adult individual currently residing at 310 Cherry Street, Saint Clair, Schuylkill County, Pennsylvania. 2. Defendant is, upon information and belief, a competent adult individual currently residing at 36 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material hereto, Defendant owned and operated a 1999 Honda CRV, bearing Pennsylvania license plate number HXY7814 ("Defendant's vehicle"). 4. At all times material hereto, Ms. Rarick was riding as a passenger in the back right seat of Defendants vehicle. 5. At all times material hereto, It was dark and there were no adverse weather or road conditions. 6. On May 5, 2012, at approximately 10:30 p.m., Defendant was traveling westbound in the left travel lane on Gettysburg Road in Lower Allen Township, Cumberland County, Pennsylvania. 7. At approximately the same time and place, a vehicle owned by Jonathan Fiaschefti was also travelling westbound on Gettysburg Road ("Fiaschettt's vehicle') in the right travel lane, 8. Suddenly, and without warning, Defendant made a lane change from the left lane to the right lane, where the right side of Defendant's vehicle violently struck the front left side of Fiaschetti's Vehicle, which was lawfully traveling in the right lane. 9, Following the crash, the police report indicated that Defendant had made a careless lane change. 10. As'a direct and proximate result of Defendant's negligence, Ms. Renck sustained injuries as set forth more specifically below. 2 COUNT 1— NEGLIGENCE Vikki Rarick v. Joshua Bower 11. All prior paragraphs are incorporated herein as If set forth fully below. 12. The occurrence of the aforementioned collision and all the resultant injuries to Ms. Rarick 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 personrarpr 5—Pa:C:s:1- 3714; b. in failing to exercise reasonable care in the operation and control of Defendants vehicle, in violation of 75 Pa.C.S. § 3714; c. in failing to move Defendants Vehicle from one traffic lane . to another in a safe manner, in violation of 75 Pa.C.S. § 3334; d. in failing to operate Defendant's vehicle at a speed that was safe for the existing conditions and hazards, in violation of 75 Pa.C.S. § 3361; e. in failing to have sufficient control of Defendant's vehicle, which would have allowed the vehicle to be maneuvered in a way that would avoid doing injury to any person or any thing likely to arise under the circumstances; and f. in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in 3 has: failing to have Defendant's vehicle under such control that injury to persons or property could be avoided. 13. As adirect and proximate result of Defendant's negligence, Ms. .Rarick a. suffered personal injuries including, but not limited to, injuries to her head, neck, stomach, legs, vertigo, and short- term memory loss. b. undergone continuing medical care for her injuries. c. suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. d. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine 'andior medical attention and will be required to spend money for the same purposes in tire future, to her detriment and toss. e. suffered a loss of life's pleasures and will continue to suffer the same in the future, to her detriment and loss. f. been, and will in the future continue to be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. 4 Wherefore, Plaintiff, Vikki Rarick, seeks damages from Defendant, Joshua Bower, in excess of the compulsory arbitration limits of Cumberland County,exclusive of interest and costs. Date: July 1, 2014 By: Respectfully submitted, HANDLER, HENNING AND ROSENBERG, LLP r) Andre rs (PA 87737) Attorney for plaintiff, Vikki Rarick 5 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (cj Audrew-C: Spears, Esquirerstates that lie -is the-ettorney-for-thepartyfi! ngthe-forego' document; that he makes this affidavit as an attorney, that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew C. Spears Esquire Date: July 21, 2014 4 4 In Andrew C. Spears Attorney IDR 87737 HANDLER, HENNING & ROSENBERG, LLP 13000ng1estown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Can (717)233.3029 E•mall: Spearatahbrlaw.com Attorney for Plahrtlff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 13(1 RARICR, A BOWER, Plaimiff(s) Detendant(s) 2014.2464 Civil Aston- Law CERTIFICATE OF SERVICE On, July 21, 2014, I hereby certify that a true and correct copy of Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Andrea J. Bullock Esq. Law Offices of Hubshman, Carey & Flood 5165 Campus Drive Salle 200 Plymouth Meeting, PA 19462 Attorney for: Joshua Bower HANDLER, HENNING & ROSENBERG, LLP Andrew .-Spears 41. S oi VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (C) Andrew C. Spears, Esquire, states that he is the attorney for the Eery filing the foregoing document; that he makes this affidavit as an attorney, that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied In the foregoing document; and that this statement is made subject to the penalties of 18 Pa CS. 94904 relating to unsworn falsification to authorities. Andrew C. Spears Esquire Dew: July 21, 2014 Andrew C. Spears (PA 87737) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 spears@hhrlaw.com Or THE PRO1110ND'rt+N' 2.5kAUG 22 Ph12=23 CU NNSYLVMI COPEUNTY Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, v. JOSHUA BOWER Plaintiff, Defendant. NO.: 2014 -2464 -CIVIL CIVIL ACTION — LAW AMENDED COMPLAINT Plaintiff, Vikki Rarick ("Ms. Rarick"), by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., makes this Complaint against the Defendant, Joshua Bower (Defendant"), and avers as follows: 1. Ms. Rarick is a competent adult individual currently residing at 310 Cherry Street, Saint Clair, Schuylkill County, Pennsylvania. 2. Defendant is, upon information and belief, a competent adult individual currently residing at 36 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material hereto, Defendant owned and operated a 1999 Honda CRV, bearing Pennsylvania license plate number HXY7814 ("Defendant's vehicle"). 4. At all times material hereto, Ms. Rarick was riding as a passenger in the back right seat of Defendant's vehicle. 5. At all times material hereto, it was dark and there were no adverse weather or road conditions. 6. On May 5, 2012, at approximately 10:30 p.m., Defendant was traveling westbound in the left travel lane on Gettysburg Road in Lower Allen Township, Cumberland County, Pennsylvania. 7. At approximately the same time and place, a vehicle owned by Jonathan Fiaschetti was also travelling westbound on Gettysburg Road ("Fiaschetti's vehicle") in the right travel lane. 8. Suddenly, and without warning, Defendant made a lane change from the left lane to the right lane, where the right side of Defendant's vehicle violently struck the front left side of Fiaschetti's Vehicle, which was lawfully traveling in the right lane. 9. Following the crash, the police report indicated that Defendant had made a careless lane change. 10. As a direct and proximate result of Defendant's negligence, Ms. Rarick sustained injuries as set forth more specifically below. 2 COUNT I — NEGLIGENCE Vikki Rarick v. Joshua Bower 11. All prior paragraphs are incorporated herein as if set forth fully below. 12. The occurrence of the aforementioned collision and all the resultant injuries to Ms. Rarick 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 exercise reasonable care in the operation and control of Defendant's vehicle, in violation of 75 Pa.C.S. § 3714; c. in failing to move Defendant's Vehicle from one traffic lane to another in a safe manner, in violation of 75 Pa.C.S. § 3334; d. in failing to operate Defendant's vehicle at a speed that was safe for the existing conditions and hazards, in violation of 75 Pa.C.S. § 3361; e. in failing to have sufficient control of Defendant's vehicle, which would have allowed the vehicle to be maneuvered in a way that would avoid doing injury to any person or any thing likely to arise under the circumstances; and f. in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in 3 has: failing to have Defendant's vehicle under such control that injury to persons or property could be avoided. 13. As a direct and proximate result of Defendant's negligence, Ms. Rarick a. suffered personal injuries including, but not limited to, injuries to her head, neck, stomach, legs, vertigo, and short- term memory loss. b. undergone continuing medical care for her injuries. c. suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. d. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to her detriment and loss. e. suffered a loss of life's pleasures and will continue to suffer the same in the future, to her detriment and loss. f. been, and will in the future continue to be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. 4 Wherefore, Plaintiff, Vikki Rarick, seeks damages from Defendant, Joshua Bower, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING AND ROSENBERG, LLP Date: July , 2014 By: Andrew C. Spears (PA 87737) Attorney for plaintiff, Vikki Rarick 5 Wherefore, Plaintiff, Vikki Rarick, seeks damages from Defendant, Joshua Bower, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: August Respectfully submitted, HANDLER, HENNING AND ROSENBERG, LLP , 2014 By: Andrew C. p ars (PA 87737) Attorney for plaintiff, Vikki Rarick 5 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:, AV a en Vikki Rarick Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com y THE PROTH ONO /AR Y 7014 AUG 22 PM12:2 3 CUMBERLAND COUNT,. PENNSYLVANIA Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, Plaintiff(s) 2014-2464 v. Civil Action - Law JOSHUA BOWER, Defendant(s) CERTIFICATE OF SERVICE On, August 20, 2014, I hereby certify that a true and correct copy of an Amended Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Andrea J. Bullock, Esq. Law Offices of Hubshman, Carey & Flood 5165 Campus Drive Suite 200 Plymouth Meeting, PA 19462 Attorney for: Joshua Bower HANDLER, HENNING & ROSENBERG, LLP 1 Andrew C. Sp1.'ars NOTICE TO PLEAD CERTIFICATE OF SERVICE TO: Plaintiff I hereby certify that I have served a copy of You are hereby notified to file a written response to the attached pleading upon all other parties the enclosed Answer with New Matter within or their attorneys by: twenty(2o)days from service hereof or a judgment X regular mail may be entered against you. certified mail By JVa4&0� other 4417 1A, Andrea J. Bullock,Esq. By AnTea J. Bullock, Esq. Attorney for Defendant Attorney for Defendant Law Offices of Hubshman, Flood&Bullock r By:Andrea J.Bullock,Esquire C' Attorney ID#203240 -= 5165 Campus Drive,Suite 200 Attorney for Defendant Plymouth Meeting,PA 19462 Joshua L. Bower Telephone#(610) 276-4963 Our File#124720468-oo1 r= - crr Vikki Rarick : Court of Common Pleas -� : Cumberland County V. Joshua Bower 2014-2464 DEFENDAN'T'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2. Denied. Defendant, Joshua Bower, resides at 8o8 B Fairfield Street, Mechanicsburg, PA. 3. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 4. Admitted. 5-7. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 8. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 9. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering Defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 1o. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. COUNT I — NEGLIGENCE VIKKI RARICK V. JOSHUA BOWER 11. Answering Defendant incorporates, by this reference, paragraphs 1 through 1o, inclusive, of the Answer to Plaintiffs Complaint as fully as though the same were herein set forth at length. 12. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 13. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering Defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, answering Defendant demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. NEW MATTER 14. Plaintiff s Complaint fails to state a claim upon which relief may be granted. 15. Plaintiff failed to mitigate her damages. 16. If Plaintiff sustained the injuries and damages as alleged in the Complaint, then same were caused by other entities or parties over which answering Defendant had no control. 17. Plaintiff s claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 18. Plaintiff s voluntarily adopted a dangerous and hazardous method or manner of performing the actions that she was then undertaking when there was a safe method available and they thereby assumed the risk of injury in performing her actions. 19. Plaintiffs claims are barred, or must be reduced, as a result of Plaintiff s own negligence,which was the proximate cause of the incident described in Plaintiffs Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7100. 20. Plaintiff s claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 21. Plaintiff s claims are barred and/or limited by the Pennsylvania Motor Vehicle No-Fault Insurance Act. 22. This Court lacks jurisdiction over the subject matter of the within action. 23. If Plaintiff sustained the injuries and damages as alleged in the Complaint, then same were not proximately caused by any action or failure to act on behalf of answering Defendant. 24. Answering Defendant avers that Plaintiffs cause of action is barred or limited by the Sudden Emergency Doctrine. 25. Plaintiff s claims are barred and/or limited by the New Jersey Deemer Statute, N.J.S.A. 17:28-1.4. WHEREFORE, answering Defendant demands judgment in his favor. Law Offices of Hubshman, Flood&Bullock BY: C��6" Andrea J. Bullock, Esquire Attorney for Defendant DATE: August 26, 2014 VERIFICATION I, Andrea J. Bullock, Esquire, aver that I am the attorney for the answering Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Gl Andrea J. Bullock, Esquire Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(61o) 276-4963 Our File #124720468-001 Vikki Rarick v. Joshua Bower Attorney for Defendant, Joshua L. Bower THE PROTHW Q FAR 2014 SEP -2 PM12:LO CUMBERLAND COUNTY PENNSYLVANIA : Court of Common Pleas : Cumberland County : 2014-2464 CERTIFICATE OF SERVICE I, Andrea J. Bullock, attorney for Defendant, Joshua L. Bower, hereby certify that I caused a true and correct time -stamped copy of Defendant's Preliminary Objections to Plaintiffs Complaint to be mailed this date by First Class, U.S. Mail, postage prepaid, to the following: Andrew Spears, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000/(717) 233-3029 (F) Law Offices of Hubshman, Flood & Bullock By: Date: 8/25/14 Andrea J. Bullock, Esquire Attorney for Defendant Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #20324o 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(61o) 276-4963 Our File #124720468-o01 Attorney for Defendant, Joshua L. Bower VIKKI RARICK : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. JOSHUA BOWER : 2014-2464 DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Joshua Bower, hereby demands trial by eight (8) jurors. Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney for Defendant - rn 4-0 Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) r u e_ '!Iii_:ROTHON 281.4 SEP 12 PH 12: 3, CUMBERLAND, COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, Plaintiff(s) 2014-2464 V. Civil Action - Law JOSHUA BOWER, Defendant(s) PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Vikki Rarick, by and through her attorney, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and responds to the Defendant's allegations of New Matter as follows: 14, The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 15. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 1 c 16. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and alt atlegationsand/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 17. The averments ofthis paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoirig on the part of the Plaintiff are hereby denied. 18. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and alt allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 19. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part ofthe Plaintiff are hereby denied, 20. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 21. The averments of this paragraph constitute conctusions of taw to which no response is required. tf a response is required, any and alt allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied, 22. The averments of this paragraph constitute conclusions of law to which no response is required. If a response 15 required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 2 23. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 24. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 25. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required the New Jersey Deemer Statute, N.J.S.A. 17:28-1.4 would be inapplicable to a Pennsylvania accident involving Pennsylvania drivers with Pennsylvania automobile insurance. WHEREFORE, Plaintiff respectfully requests that this Honorable Court defense Defendant's New Matter, enter judgment in her favor and enter such other Orders that are equitable and just. HANDLER, HENNING & ROSENBERG, LLP By: 3 And C. Spears, Esquire Supreme Court I.D. # 87737 1300 Linglestown Road Harrisburg, PA 17110 spears@hhrlaw.com (717) 238-2000 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney,. that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew C. Spears Esquire Date: September 10, 2014 Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, Plaintiff(s) 2014-2464 V. Civil Action - Law JOSHUA BOWER, Defendant(s) CERTIFICATE OF SERVICE On, September 10, 2014, I hereby certify that a true and correct copy of Plaintiff's Reply to New Matter was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Andrea J. Bullock, Esq. Law Offices of Hubshman, Carey & Flood 5165 Campus Drive Suite 200 Plymouth Meeting, PA 19462 Attorney for: Joshua Bower HANDLER, HENNING & ROSENBERG, LIP Andrew C. Spears Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, ESquire Attorney ID #203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610)276-4963 Our File #124720468-001 Vikki Rarick v. Joshua Bower Attorney for Defendant Joshua L. Bower �+lyc+� Pf o�1�� Thr.,. Pah �� v Ep 22 Pt; E VA N1A : Court of Common Pleas : Cumberland County : 2014-2464 DEFENDANT, JOSHUA BOWER'S, MOTION TO COMPEL PLAINTIFF'S, VIKKI RARICK, RESPONSES TO DISCOVERY REQUESTS Defendant moves this Honorable Court to enter an Order pursuant to Pa. R.C.P. 4019 compelling Plaintiff to answer certain discovery propounded upon them by moving Defendant in this matter. In support of this motion, Defendant aver the following: 1. On June 17, 2014, Defendant served Plaintiffs counsel Interrogatories and Request for Production of Documents to be answered within thirty (30) days. See Exhibit "A" attached hereto. 2. On August 25, 2014, counsel for Defendant sent correspondence to Plaintiffs counsel in follow up to the initial request. See Exhibit "B" attached hereto. 3. As of this date, Plaintiff has not fully answered these Interrogatories or Request for Production of Documents, which is in violation of the Pennsylvania Rules of Civil Procedure. 4. The said Interrogatories are relevant, material and necessary and Defendant will be prejudiced if full and complete Answers to the Interrogatories are not filed. 5. If Plaintiff do not provide the information requested in the Request for Production of Documents, Defendant will be severely prejudiced in the defense of this case. The said Request for Production of Documents are relevant, material and necessary to the defense of this case. 6. Plaintiffs counsel has not provided responses. WHEREFORE, it is respectfully requested that this Honorable Court enter an Order directing Plaintiff to file full, complete and specific Answers to Interrogatories and Request for Production of Documents. Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney for Defendant ?nob Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4963 Our File #124720468-001 Attorney for Defendant Joshua L. Bower Vikki Rarick : Court of Common Pleas : Cumberland County v. Joshua Bower : 2014-2464 DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL PLAINTIFF'S, VIKKI RARICK, RESPONSES TO DISCOVERY REQUESTS 1. Matter before the Court: Before the Court is Defendant's Motion to Compel Discovery in the form of a Motion to Compel Answers to Interrogatories and Request for Production of Documents. 2. Statement of Question Involved: Are Defendant entitled to an Order compelling Plaintiff to answer Interrogatories and Request for Production of Documents where Interrogatories and Request for Production of Documents were forwarded more than thirty (30) days ago and are now overdue? Suggested answer: Yes 3. Facts: On June 17, 2014, Defendant's counsel served Interrogatories and Request for Production of Documents on counsel for Plaintiff. More than thirty (3o) days have now elapsed and Plaintiff have failed to respond to the requested discovery. 4. Argument: Pa. R.C.P. 4005, titled, Written Interrogatories to a party permits one party to serve any other party with written interrogatories. Pa. R.C.P. 4006 requires a party to provide written, verified interrogatories within thirty (30) days after service of the interrogatories. Pa. R.C.P. 4009.1, titled, Production of Documents and Things, permits a party to serve or request upon any party to produce designated documents, including writings, drawings, grafts, charts, photographs, electronically created data, and other compilations of data from which information can be obtained. Pa. R.C.P. 4009.12 provides that a party shall respond to said request within thirty (30) days. Thirty days have now elapsed since Defendant forwarded Interrogatories and Request for Production of Documents to Plaintiff and they have failed to respond or otherwise object to these discovery requests. 5. Relief: Wherefore, Defendant respectfully requests this Court grant the Motion and issue an Order compelling Plaintiff to respond to Defendant's discovery requests within twenty (20) days. Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney for Defendant Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4963 Our File #124720468-001 Attorney for Defendant Joshua L. Bower Vikki Rarick : Court of Common Pleas : Cumberland County v. Joshua Bower : 2014-2464 CERTIFICATE OF SERVICE I, Andrea J Bullock, attorney for Defendant, hereby certify that I caused a true and correct copy of Motion to Compel Responses to Discovery Requests and Memorandum of Law in Support of the same to be mailed this date by First Class, U.S. Mail, postage prepaid, to the following: Date: 9.18.14 Andrew Spears, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000/(717) 233-3029 (F) Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney for Defendant VERIFICATION I, Andrea J. Bullock, Esquire, aver that I am the attorney for the Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Andrea J. Bullock, Esquire EXHIBIT "A" I LAW OFFICES OF HUBSHMAN, FLOOD & BULLOCK Not a Partnership, Not a Corporation 5165 CAMPUS DRIVE, SUITE 200 PLYMOUTH MEETING, PA 19462 Andrea J. Bullock, Esquire Direct #(610) 276-4963 Andrea_J_Bullock@Progressive.com Facsimile #(866) 842-1482 June 17, 2014 Andrew Spears, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SALARIED EMPLOYEES OF PROGRESSIVE CASUALTY INSURANCE COMPANY RE: Rarick v. Bower Cumberland County Court of Common Pleas No. 2014-2464 File No. 124720468-001 Dear Mr. Spears: I represent the Defendant, Joshua L. Bower, in the above -captioned matter. If you served any documents on my client, please provide me with a copy. Enclosed please find the following: Entry of Appearance; Praecipe/Rule to File Complaint; Interrogatories Addressed to Plaintiff(s); Request for Production Addressed to Plaintiff(s); and Notice of Deposition. It is the goal of this office to expedite the resolution of litigation against my clients in an efficient manner by scheduling depositions early in the discovery process. With notice well in advance, I believe that scheduling conflicts can be easily recognized and avoided. Enclosed is a Notice of Deposition directed to your client to take place on September 19, 2014, at 10:00 a.m. at American Red Cross, 79 E. Pomfret Street, Carlisle, PA 17013. I will provide a court reporter at that time. If you would like to depose my client at the same time, kindly forward a Notice of Deposition. If this date is inconvenient, please contact my office to re -schedule the deposition for another date. If I do not hear from you, I will assume that the deposition will proceed on that date. Thank you for your anticipated professional courtesies. Very truly yours, AJB/ajp Enclosure /s/ajb Andrea J. Bullock, Esquire EXHIBIT "B". LAW OFFICES OF HUBSHMAN, FLOOD & BULLOCK Not a Partnership, Not a Corporation 5165 CAMPUS DRTVE, SUITE 200 PLYMOUTH MEETING, PA 19462 Andrea J. Bullock, Esquire Direct #(61o) 276-4963 Andrea_J_Bullock@Progressive.com Facsimile #(866) 842-1482 August 25, 2014 Via Fax 717-233-3029 Only Andrew Spears, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SALARIED EMPLOYEES OF PROGRESSIVE CASUALTY INSURANCE COMPANY RE: Rarick v. Bower Cumberland County Court of Common Pleas No. 2014-2464 File No. 124720468-001 Dear Counsel: Please allow this correspondence to serve as a follow-up to my previous letter wherein I enclosed Interrogatories and a Request for Production of Documents addressed to your client. To date, I have not received your client's responses. Please forward your client's discovery responses within ten days from the date of this letter, or I will file a motion to compel. Thank you for your anticipated cooperation with regard to this matter. Very truly yours, /s/ Andrea J. Bullock, Esquire AJB/bea Law Offices of Hubshman, Flood&Bullock f `, � 1 , By:Joseph A.Juliana, Esquire Attorney ID#59523 C' 5165 Campus Drive,Suite 200 Attorney for Defendant, {" Plymouth Meeting,PA 19462 Joshua L.Bower rLfp Telephone#(610) 276-4979 T josephjuliana@progressive.com Our File#124720468-001 Vikki Rarick : Court of Common Pleas : Cumberland County v. • Joshua Bower : 2014-2464 PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Joshua L. Bower, in the above-captioned matter. Law Offices of Hubshman, Flood&Bullock By: Jos h A. Juliana squire Attorney for Defendant TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant, Joshua L. Bower, in the above-captioned matter. Law Offices of Hubshman, Flood&Bullock By: iaAAGt. Andrea J. Bullock, Esquire Attorney for Defendant Vikki Rarick v. Joshua Bower : Court of Common Pleas : Cumberland County ORDER 2014-2464 AND NOW, this day of 0 CM , 2014, upon consideration of Defendant's Motion to Compel Responses to Discovery Requests Addressed to Plaintiff, Vikki Rarick, it is hereby ORDERED that the Plaintiff shall provide complete and verified answers to Defendant's Interrogatories and complete responses to Request for Production of Documents within twenty (20) days of the date of this Order. BY THE COURT: Law Offices of Hubshman, Flood & Bullock By: Joseph A. Juliana, Esquire Attorney ID #59523 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4979 Our File #124720468-001 Vikki Rarick v. Joshua Bower Attorney for Defendant Joshua L. Bower FILED -OFFICE OF THE PROTHONOTARY 2014 NOV12 Pil 3: 12 CUI'.13ERL/ .4O COUNTY PENNSYLVANIA : Court of Common Pleas : Cumberland County : 2014-2464 DEFENDANT'S MOTION FOR SANCTIONS FOR FAILURE TO COMPLY WITH A COURT ORDER DIRECTING DISCOVERY 1. Under cover letter dated June 16, 2014, Defendant served Interrogatories and Request for Production of Documents on Plaintiff. 2. On September 22, 2014, Defendant filed a Motion to Compel Answers to Interrogatories and Request for Production of Documents, which was granted by the Court on October 7, 2014. 3. Plaintiff has failed to comply with the aforementioned Court Order. WHEREFORE, Defendant respectfully requests that this Court enter the proposed Order sanctioning Plaintiff and requiring them to respond to Defendant's discovery requests. Law Offices of Hubshman, Flood & Bullock .1)\ By: Joseph A. Juliana, Esquire Attorney for Defendant Law Offices of Hubshman, Flood & Bullock By: Joseph A. Juliana, Esquire Attorney ID #59523 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4979 Our File #124720468-001 Vikki Rarick v. Joshua Bower. Attorney for Defendant Joshua L. Bower Court of Common Pleas Cumberland County • : 2014-2464 • CERTIFICATE OF SERVICE I, Joseph A. Juliana, attorney for Defendant, hereby certify that I caused a true and correct copy of Motion for Sanctions to be mailed this date by First Class, U.S. Mail, postage prepaid, to the following: Date: 11/7/14 Andrew Spears, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000/(717) 233-3029 (F) Law Offices of Hubshman, Flood &Bullock By: f\' Joseph A. Juliana, Esquire Attorney for Defendant VERIFICATION I, Joseph A. Juliana, Esquire, aver that I am the attorney for the Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Joseph A. Juliana, Esquire VIKKI RARICK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA BOWER, DEFENDANT : NO. 14-2464 CIVIL IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 17th of November, 2014, upon consideration of the Defendant's Motion for Sanctions for Failure to Comply with a Court Order Directing Discovery, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested by Defendant should not be granted; 2. The Plaintiff shall file an Answer to the Motion on or before December 5, 2014; 3. Hearing/Argument on the matter will be held on Wednesday, December 10, 2014, at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Andrew Spears, Esquire Attorney for Plaintiff ✓ Joseph A. Juliana, Esquire Attorney for Defendant bas Cop P&:1Eci.d By the Court, Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, Plaintiff(s) 2014-2464 v. Civil Action - Law JOSHUA BOWER, Defendant(s) PETITION OF COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE PURSUANT TO PA. R.C.P. 1012 AND NOW comes Andrew C. Spears, Counsel for Plaintiff, pursuant to Pa. R.C.P. 1012, and petitions this Honorable Court to withdraw his appearance and in support thereof avers: 1 Plaintiff, Vikki Rarick resides at 310 Cherry Street, Saint Clair, Schuylkill County, Pennsylvania. 2. This action arose from personal injuries suffered by Plaintiff as a result of a motor vehicle collision that occurred on May 5, 2012, when Ms. Rarick was a passenger in a vehicle operated by Defendant Joshua Bower as he struck another vehicle while changing lanes in Camp Hill, Cumberland County, Pennsylvania. 3 The aforementioned collision was deemed reportable by the Lower Allen Township Police Department. A true and correct copy of the Lower Allen Township Police Report is attached hereto as Exhibit "A." 4. On or about May 17, 2012, Petitioner's office was retained by Plaintiff to represent her in the matter. A copy of the Contingent Fee Agreement is attached hereto as Exhibit "B." 5. On or about April 22, 2014, Petitioner filed a Writ of Summons on the Plaintiff s behalf to toll the Statute of Limitations. A copy of the Writ of Summons is attached hereto as Exhibit 6. On or about June 19, 2014, a Rule to File Complaint was entered. A copy of the Rule is attached hereto as Exhibit "D." 7. On or about July 23, 2014, a Complaint was filed. A copy of the Complaint is attached hereto as Exhibit "E." 8. On or about August 4, 2014, the Defendant filed Preliminary Objections. A copy of the Preliminary Objections is attached hereto as Exhibit "F." 9. On or about August 22, 2014, an Amended Complaint was filed. A copy of the Amended Complaint is attached hereto as Exhibit "G." 10. On or about August 26, 2014, the Defendant filed an Answer with New Matter. A copy of the Answer and New Matter is attached hereto as Exhibit "H." 11. On or about September 12, 2014, the Plaintiff filed a Reply to New Matter. A copy of the Reply to New Matter was attached hereto as Exhibit "I." 12. On or about October 7, 2014, a Motion to Compel the Plaintiffs Interrogatories and Request for Production of Documents was filed and a Motion to Compel was ordered. A copy of the Motion to Compel Order is attached hereto as Exhibit "J." 13. On or about November 7, 2014, Defendant filed a Motion for Sanctions for failure to respond to Defendant's Interrogatories and Request for Production of Documents. A copy of the Motion is attached hereto as Exhibit "K." 14. On or about May 12, 2014, Petitioner's office sent Plaintiff a letter stating that we had been trying to reach her and requested she notify us if she wanted to pursue the case. A copy of the letter and certified mail receipt is attached hereto as Exhibit "L." 15. On or about June 20, 2014, Petitioner's office sent Plaintiff the first Set of Interrogatories to complete. A copy of the letter to Plaintiff is attached hereto as Exhibit "M." 16. On or about July 21, 2014, Petitioner's office sent Plaintiff a copy of the Complaint with a Verification. A copy of the letter is attached hereto as Exhibit "N.". 17. On or about August 7, 2014, Petitioner's office sent Plaintiff another copy of the Complaint with Verification via certified mail. The letter stated that if Plaintiff did not contact our office in 10 days Petitioner would dismiss the action. A copy of the letter and Certified Mail receipt is attached hereto as Exhibit "0." 18. On or about August 18, 2014, Petitioner's office received a signed verification from the client and a voicemail that she wanted to proceed with her case. 19. On or about September 3, 2014, Petitioner's office made multiple phone calls to the Plaintiff's phone with a message that stated, "customer is not available." 20. On or about September 8, 2014, Petitioner's office sent Plaintiff a Notice that her Deposition was scheduled for October 22, 2014. A copy of the letter is attached hereto as Exhibit 21. On or about September 8, 2014,.Petitioner's office sent Plaintiff Defendant's Interrogatories for a second time. A copy of the letter is attached hereto as Exhibit "Q." 22. On or about October 8, 2014, Petitioner's office rescheduled Plaintiff's Deposition for November 17, 2014. A copy of the letter to the. client is attached hereto as Exhibit "R." 23. On or about October 9, 2014, Petitioner sent a letter to Plaintiff advising her that we have been unable to reach her by telephone and that a Motion to Compel her Interrogatory responses had been ordered. A copy of the letter to the client is attached hereto as Exhibit "S." 24. On or about October 17, 2014, Petitioner received notification that Plaintiff did not receive PIP Benefits because the coverage was denied due to non-cooperation. A copy of the denial of benefits is attached hereto as Exhibit "T." 25, On or about November 17, 2014, Plaintiff failed to appear for her deposition and has been non-responsive to requests for communication, interrogatory responses, or deposition attendance from Petitioner's office. 26. Pursuant to Pennsylvania Rule of Professional Conduct 1.16(b)(1), Petitioner's withdrawal can be accomplished without material adverse effect on the interests of the Plaintiff 27. Pursuant to Pennsylvania Rule of Professional Conduct 1.16(b)(4), Petitioner and Plaintiff have a fundamental disagreement, as shown by the Plaintiff's refusal to communicate and participate in her case despite Petitioner's numerous letters and requests. 28. Pursuant to Pennsylvania Rule of Professional Conduct 1.16(b)(5), the Plaintiff has failed to fulfill an obligation to the Petitioner by repeatedly ignoring Petitioner's attempts to communicate. Plaintiff has failed to answer Petitioner's phone calls and letters, and further has failed to complete Interrogatories or appear for Depositions. 29. Pursuant to Pennsylvania Rule of Professional Conduct 1.16(b)(6), the continued representation of the Plaintiff will result in an unreasonable financial burden on Petitioner and representation has been made unreasonably difficult by the Plaintiff. WHEREFORE, Petitioner, Andrew C. Spears, Esquire, requests that this Honorable Court grant his Petition for Leave to Withdraw his appearance. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: Nov. \ , 2014 By: Andrew C. pears (PA 87737) Print CRS W0279011 2 COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Case Closed Reportable Crash Yes 0 No al Yes 0 No AA 500 1 1111111111111111111111111 W0279011 Page 1 of 13 Crash Number s 0 A 5 inddent Number Police Agency Patrol Zone 1] LA -12-03790 21102 204 Agency Name Prednct Invests • -tion Date (MM-DD-YYYY) Lower Allen Township 05 - 05 - 2012 Di • atch Time (mil) Arrival Time (mil) Investigator Badge Number 2240 2240 TRZNADEL 1824 Reviewer Badge Number Approval Date (MM-DD-YYYY) (LINDA D MCCOOL 1844 05 a 16 a 2012 % c b Coun County Name Munidpallty Munidpaltty Name Dau of NNeelr . 21Cumberland 102 (Lower Allen Township 0 Sun 0 Thu Crash Date (MM-DD-YYYY) Crash Time (mil) No of Units People Injured Killed* •If > 00 O Mon 0 Fri +05 (- 05 - 2012 2230 3 5 1 0 complete Forrn F O Tue di Sat Q Wed 0 Unk Warkzone /y Y Complete O Yes No Form M, Secrion 279) School O Yes • No Related Sthoot Zone Related 0 Yes No Notify PEr Maintenance ceDOTO yes No AWe/section IvPe 0 4 Way Intersection 0 "Y' Intersection O M et mon O 00 Ramp x10 Midblod 0 •T' Intersection O TrafficRound AbCirde/out O On Ramp 0 Crossover 3• 0 Railroad Crossing 0 Other 00 See Owevira a 6 Route Number ment (Optional) Travel Lanes Speed LimitHouse O North Number (if applicable) 04 40 e ° 0 South Street Name Street Ending 0 East For Md -block crashes only. Use GETTYSBURG RD •west 0 Unknown pa��Strmakefe l Roadway eet � filed in if using this option >RQILta signinginterstate O (Not Tumpike Tumpike) 0 (East/WesU O Tumpike State County Spur Hi • hwa O Road Local Road O or Street Private Other/ O Road, O Unknown $ re r '4 1: g € Route Number ment (Optional) Travel Lanes Speed Limit • North g 04 25S A O South Street Name Street Ending E 1 0 East 1 - SPANGLER RD o O West • O Unknown S Interstate i SiD�IIS O (Not Turnpike Tumpike) O (East/West) O Turnpike State County Spur O Highway O Road • Local Road Private Other/ or Street O Road O Unknown g Use For Mid - Mock crashes 053 0�i6 atom m Intersectin: Rt Num Or Mile Post Segment Marker - �� m 1Or cl M O North Q South Or Intersecting Street Name St Ending = Q East Or Miles e o ee E O west 11 Intersecting Rt Num Or Mile Post Or Segment Marker c Distance From Crash Scene to landmark 1 (For Crash between Landmark 1 and Landmark 2) N ❑ O S O Norah 0 South E y( Or Intersectio Street Name 9 St Ending O East Eo cc 0 West + Degrees Minutes Seconds Degrees Minutes Seconds Latitude: •Longitude: — A o- Traffic Control DevicePolice Officer or 0 Yield Sign 0 u� Device Functioning Emergency O No Controls 0 Improperly O Signalpt"re O Device Not -Device Functioning O Unknown Functioning Properly Flagman O Not Applicable al Traffic Signal Q Active RR Crossing 0 Other Type TCD Flashing Traffic Controls Q Signal O Stop Sign O Passive RR 0 Unknown Crossing Controls o (aae_C sed M 'Not Applicable', skip rest of the Lane Closure section) MI Not Applicable 0 Partially 0 Fully 0 Unknown Laney 0 North 0 East O North and South Q All rill 91�D 0 South 0 West 0 East and Westgo Ifaffit Yes 0 No 0 QYfO1Lad Unknown 0 Isn� Time O < 30 Min. O 30 60 Min. Q 1-3 hrs O 3-6 hrs O 6-9 hrsO > 9 hours O Unknown FORM( # M300 (12702) PENN DOT COPY EXHIBIT http://www. dot6. state.pa.us/crsapp/PrintImages/XmlFiles/20120491542012... Print CRS W0279011 _! COGI61fi1O6t911t9E!®M9 OFF PENNSYLVANIA POLICE CRASH REPORTING FORM 10 11 1 AA 500 2 Police Use Only Page: 2 W0279011 Page 2 of 13 Crash Number c e Motor Vehide in Tvce mi Transport O Hit & Run Vehicle 0 Illegally Parked 0 Legally Parked 0 Non - Motorized Unit Pedestrian on Skates, Disabled From (� Pedestrian O in Wheelchair, etc O Previous Crash O Train Phantom Vehicle (If "Pedestrian' or "Pedestrian on Skates, in Wheekhair, etc", Complete Form M, Section 28) Commercial Vehide Q Yes No (If Yes, Complete Form C) Unit No First Name MI Date of Birth(MM-DD YYYY) 01 JOSHUA L 07 17 1989 Last Name Telephone Number Delete? Q BOWER 7175269661 Address / Crty / State • Zip a 36 MONARCH LN MECHANICSBURG PA 17050 License Number State Class IDriver e 29425030 PA C a Alcohol/Drugs Suspected Driver or Pedestrian Physical Condition 't l i• a No 0 Illegal Drugs 0 Medication 0 Alcohol 0 Alcohol and Drugs Q Unknown op Apparently 0 Had Drinking O Illilegal Been 0 Sidc Drug O Fatigue O Medication Q Asleep Q Unknown b Alcohol Test Type ,•y_ ri a Test Not Given Q Breath 0 Other Primary Vehide Code Violation Charged? 0 Blood 0 Urine 0 UnktnoGivewn n if Tes NONE 0 Yes 0 No s y Alcohol Test Results 0 Test Refused Unknown Driver Presence 1=Driver Operated 3=Driver Fled Scene C" o Results O Test Given,Vehide 1 4=Hit and Run Contaminated Results 2=No Driver 9=Unknown Owner/Driver 00=Not Applicable 02=Private Vehide Not 04=State Police Vehide 07=Municipal Police Veh 09=Federal Gov Veh Owned/Leased by Driver 05=PENNDOT Vehicle 08=Other Municipal 98 01 01=Private Vehide Owned/ Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh -Other Govemment Vehide 99=Unknown Same Owner First Name Owner Last Name or Business Name (If Pedestrian, skip this Section) as Driver 0 JOSHUA BOWER Address / City / State 1 Zip Vehide Make *Make Code 36 MONARCH LN MECHANICSBURG PA 17050 Honda 37 VIN Model Year Vehicle Model (see overlay) JHLRD2848XC006672 1999 CRV License Plate Reg. State Est. Speed Vehide Towed Towed By HXY7814 PA 999 Q Yes MB No Insurance Insurance Company Policy No g 0 Yes Q 1,10 0 known PROGRESSIVE 658205053 • • % E T 1=Towing Pass. Veh 4=Mobile/Modular Home 7=Semi-Trailer Tag No Tag Year Tag St • ^IraTrlino Unit No; of 0Unit Units g a 2=Towing Truck 5=Camper 8=Other 3=Towing Utility Trailer 6=Full Trailer 9=Unknown v Direction of w *Vehicle Position 03 *Movement 15 *See Special Usage rai Overlay Vehide Color Vehide Type 05=Large Truck 20=Unicycle, Bicycle, 00 12=Commercial 12 06=Yellow 07=Silver 01 01=Automobile 06=SUV Tricycle 02=Motorde 07=Van 21=Other Pedacyde cY l 22=Horse & Buggy Passenger 00=Not Applicable Carrier 01=Fire Veh 13=Taxi 08=Gold 01=Blue 09=Brown 02=Red 10=Orange 03=White 11=Purple 04=Green 12=Other 05=Black 99=Unknown 03=Bus 10=Snowmobile 04=5ma11 Truck 11=Farm Equip 23=Horse & Rider Of "02" Complete Form 12=Construction Equip 24=Train M, Section 26) 13=ATV 25=Trolley (If "20" or -21`, Complete 18=Other Type Spec Veh 98=Other Form M, Section 27) P 19=Unk. Type Spec Veh 99=Unknown 02=Ambulance 21=Tractor Trailer 03=Police 22=Twin Trailer 08=Other Emergency 23=Triple Trailer Vehicle 31=Modified Veh 11=Pupil Transport 99=Unknown Initial impact Point Damage Indicator Gradient 3=Downhill Road Alignment 02 00=Non-Collision 14=Undercarriage0=None 01-12=Clock Points 15=Towed Unit 2=Functional 1 1=Minor 3=Disabling 4=Bottom of Hill n 1=Level 5=Top of Hill 2=Uphill 1 1=Straight 2=Curved 13=Top 99=Unknown 9 -Unknown 9=Unknown 9=Unknown J Fonts 1 AA -500 (1202) PENNDOT COPY http://www.dot6.state.pa.us/crsapp/PrintImages/XmlFiles/20120491542012... 6/27/2012 Print CRS W0279011 1 12 J AA 500 2 Rfi®R'N AL110 ®Tr PENNSYLVANIA LICE CRASH R(£ WING FORMA Poke Use Only Page: I III 111111 W0279011 Page 3 of 13 Gash Number c rune (Mit 0 (/f Motor Vehicle in Transport Hit & Run Vehicle O illegally Parked 0 legally Parked QNon Pedestrian Q Pedestrian on Skates, Q Disabled From Q Train Q Phantom in Wheelchair, etc Previous Crash 'Pedestrian` or "Pedestrian on Skates in Wheeicharr etc', Complete Form M, Section 28) -Motorized Vehicle Commercial Vehkle Q Yes No (If Yes, Complete Form C) n 2 t c -17 a I" s y Unit No First Name MI Date of Birth (MM-DD-YYYY) 02 JONATHAN a 12 05 1986 Delete? Q Address / City Last Name Telephone Number FIASCHETTI 7176498678 / State Zip 342 S 5TH ST LEMOYNE PA 17043 Driverlicense Number State Class 27671767 PA C A Suspected Q Illegal brugs Q Medication Q Akohol and Drugs 0 Unknown Driver or Pedestrian Physrcai Condition Q Medication 0 Unknown No 0 Alcohol Nar�nlalntly O Illegal Us Q Had Been Q Sick Drinking Drug Q Fatigue 0 Asleep Alcohol Test Type Q Breath 0 Other Q Urine Q Unknown if Test Given Primary Vehicle Code Violation Charged? 11 Test Not Q Blood Given 0 Yes • No Ahaahoi Test Results Q Test Refused O Unknown Test Given,•Vehicle Contaminated Results Driver Presence 1=Driver Operated 3=Driver Fled Scene 4=Hit and Run 9=Unknown C Q 2=No Driver OwnerlDriver 00=Not Applicable 02=Private Vehicle Not Owned/ Owned/Leased by Driver by Driver 03=Rented Vehide 04=State Police Vehicle 07=Municipal 05=PENNDOT Vehicle 08=Other 06=Other State Gov Veh Government Police Veh 09=Federal Gov Veh Municipal 98 --Other Vehicle 99=Unknown 01=Private Vehicle Leased 01 Vehicle Information Same as Driver p Owner First Name Owner Last Name or Business Name (if Pedestrian, skip this Section) JON T FIASCHETTI Address / City / State / Zip Vehicle Make *Make Code 342 S 5TH ST REAR LEMOYNE PA 17043 Ford 12 VIN Model Year Vehide Model (see overlay) 1FAHP37N67W333026 2007 FOCUS License Plate Reg. State Est Speed Vehicle Towed Towed By FPS5133 PA 999 O Yes • No Insurance No O k own Insurance Company Policy No a Yes O MMG INSURANCE - - AC10974383 Trailing T 1=Towing Pass. Veh 4=Mobile/Modular S=Camper Trailer 6= -Full Trailer Home 7=Semi-Trailer Tag No Tag Year Tag St Unit No; Tr&fl UniF of unrt 2=Towing Truck 9 3=Towing Utility 8=Other 9=Unknown Direction of *Movement •See Overlay Spada/ Usage 12=Cammercial r Passenger Carrier C 13 -Taxi 21=Tractor Trailer 22=Twin Trailer 23=Triple Trailer 31=Modified Veh 99=Unknown `� *Vehicle Position 01 01 Travel I •• Vehlde Color Veh/de Ttrpe 05=Large Trude 20=Unicycle, Bicycle. 06=SUV Tricycle 07=Van 21=Other Pedakycle 10=Snowmobile 22=Horse & Buggy 11=Farm Equip 23=Horse & Rider 12=Construction Equip 24=Train 13=ATV 25=Trolley ete 18=Other Type Spec Veh 98=Other 19=Unk. Type Spec Veh 99=Unknown 00 12 06=Yellow 07=Silver O8=Gold 09=Brown 10=Orange 11�urple 12=Other 99=Unknown 01=Automobile 01 02=Motorcyde nY 00=Not Applicable Ot=Fire Veh 02=Ambulance 03=Police 08=Other Emergency vehicle 11=Pupil Transport 01=Blue 02=Red 03=White 04=Green O5=Black 03=Bus 04=Small Truck (if ''02', Complete Form M, Section 26) (If '20' or '21', Comp Form M, Section 27) initial impact Point 14=Undercarrie 15=Towed Unit 99=Unknown Damage Indicator Gradient 3=Downhill 4=Bottom of Hill of Hill g=Unknown Road Alignment 10 00=Non-Collision Points 13=Top O=None 2=Functional 1 L11 1=Minor 3=Disabling i. g �' 1=Level S=Top 2=Uphill �---+ 1=Straight ! L 2=Curved 9=Unknown 9=Unknown FORM M AM500 (1204) PENNDOT COPY http://www.dot6.state.pa.us/crsapp/PrintImages/XmlFiles/20120491542012... 6/27/2012 Print CRS W0279011 J 10 11 12 COR6flOgtIREALM OF l ERIRISYLVARIIA nLIE CAO RE' cry WING FORM AA 500 2 Police Use Only Page: 4 Page 4 of 13 111111111111111111 Crash Number W0279011 o e, g Motor Vehicle in Type 0 Transport O Hit & Run Vehicle 0 Illegally Parked • Legally Parked 0 Non - Motorized f/nit Pedestrian on Skates, Disabled FromQ 0 Pedestrian O in Wheelchair, etc ' Previous Crash O Train 0 Phantom Vehicle (If 'Pedestrian' or 'Pedestrian on Skates, in Wheelchair, etc', Complete Form M, Section 28) Commerdal Vehide Yes • No (If Yes, Complete Form C) Vehicle Driver / Pedestrian information Unit No First Name MI Date of Birth (MM-DD-YYYY) 03 Last Name Telephone Number Delete? 0 Address / Oty 1 State - Zip Driver License Number State Gass Alcohol/Drugs Suspected Driver or Pedestrian Physical Condition 0 No 0 Alcohol Q Illegal Drugs 0 Medication 0 Alcohol and Drugs 0 Unknown O Apparently Q lUseegal Q Had kiBngeen 0 Sick Drin Drug 0 Fatigue 0 Medication 0 Asleep 0 Unknown Alcohol Test Type 0 Test Not Given 0 Breath 0 Other Primary Vehicle Code Violation Charged? Q Blood Q Urine 0 Unknown if 0 Yes 0 No Alcohol Test Results Q Test Refused Unknown Driver Presence 1=Driver Operated 3=Driver Fled Scene 0 Q O Test Given,Vehicle 2 4=Hit and Run . Contaminated Results 2=No Driver 9=Unknown Owner/Driver 00=Not Applicable 02=Private Vehide Not 04=State Police Vehicle 07=Municipal Police Veh 09=Federal Gov Veh OwnedAeased by Driver 05=PENNDOT Vehicle 08=Other Municipal 98=Other 01=Private Vehicle Owned/ Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99=Unknown 4 9 - 7 Same as Owner First Name Owner Last Name or Business Name (If Pedestrian, skip this Section) Driver Q PHILIP & JULIE SILVAGIO Address / City / State / Zip Vehicle Make *Make Code 1206 EDINBURG CIR NEW CUMBERLND PA 17070 Chevrolet 20 VIN Model Year Vehicle Model (see overlay) 1 GBKG31 U 171223308 2007 GULFSTREAM License Plate Reg. State Est. Speed Vehicle Towed Towed By HG51708 PA 000 0 Yes • No Insurance Insurance Company Policy No • • Yes. Un - 0 No O,knOw') AMC° RVAA0035707722 Trailin T 1=Towing Pass. Veh '4=Mobile/Modular Home 7=Semi-Trailer Tag No Tag Year Tag St n1 re No. Units of g 0 U- j" 2=Towing Truck 5=Camper ( 1 3=Towing Utility Trailer 6=Full Trailer 8=Other 9=Unknown Direction of *Vehicle Position 98 *Movement 06 *See Special Usage raT v 1-- ❑ overlay Vehicle Color Vehicle Type 05=Large Truck 20=Unicycle, Bicycle, 12=Commercial 03 06=Yellow 07=Silver 98 01=Automobile 06=SUV Tricycle 02=Motorcycle 07=Van 21=Other Pedalcycle 10=Snowmobile 22=Horse Buggy ,00 Passenger 00=Not Applicable Carrier 01=Fire Veh =Taxi 01=Blue 02=Red 03=White 04=Green 05=Black 08=Gold 09=Brown 10=Orange 11=Purple 12=Other 99=Unknown 03=Bus & 04=Small Truck 11=Farm Equip 23=Horse & Rider (If `O2', Complete Form 12=Construction Equip 24=Train 13=ATV 25=Troll M. Section 26) � (If "20" or "21", Complete 18=Other Type Spec Veh 98=Other Form M, Section 27) 19=Unk. Type Spec Veh 99=Unknown 02=Ambulance =Tractor Trailer 21 03=Police 22=Twin Trailer 08= V h s Emergency 33=Miele Trailer r Vehicle 31=odified Veh 11=Pupil Transport 99=Unknown Initial impact Point Damage Indicator Gradient 3=Downhill Road Alignment 05 00=Non-Collision 14=Undercarriage0=None 01-12=Clock Points 15=Towed Unit 2=Functional 1 1=Minor 3=Disabling 1 4=Bottom of Hill 1=Level S=Top of Hill 2=Uphill 1 1=Straight 2=Curved 13=Top 99=Unknown 9=Unknown 9=Unknown 9=Unknown FORM* AA.500 (12102) PENNDOT COPY http://www.dot6. state.pa.us/crsapp/Printlmages/XmlFiles/20120491542012... 6/27/2012 Print CRS W0279011 COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING, FORM AA 500 3 Police Use Only Page 5 1111111111111 W0279011 Page 5 of 13 Crash Number o a as e & Person v e: Seat Position: Safety Equipment One: of liQa: A 1=Driver p 00=Not A Passenger/Occupant E 00=None Used / Not Applicable G O=Not Applicable 2=Passenger 01=Driver - All Vehicles Of=Shoulder Belt Used 1=Not Ejected 7=Pedestrian 02=Front Seat Middle Position 02=Lap Belt Used 2=Totally Ejected 8=Other 03=Front Seat Right Side 03=Lap And Shoulder Belt Used 3=Partially Ejected 9=Unknown 04=Second Row - Left Side Or 04=Child Safety Seat Used 9=Unknown Motorcycle Passenger 05=Motorcycle Helmet Used 05=Second Row - Middle Position 06=Bitycle Helmet UsedH Election Path: 06=Second Row - Right Side 10=Safery Belt Used Improperly Seg: O=Not Ejected / Not Applicable B F =Female 07=Third Row Or Greater - 11=Child Safety Seat Used Improperly 1=Throw h Side Door Opening M=Male Left Side 12=Helmet Used Improperly g OP 9 U =Unknown 08=Third Row Or Greater - 90=Restraint Used, Type Unknown 2=Through Side Window Middle Position 99=Unknown 3=Through Windshield 09=Third Row Or Greater - 4=Through Back.Door Right Side Safefv Eouicment Two: 5=Through Back Door Tailgate Opening Injury Severity: 10=Slee er Section of Truckcab F OO=None Used / Not 6=Through Roof Opening (Sunroof/ rp: p Applicable Convertible Top Down) Q=Not Injured 11=1n Other Enclosed 01=Front Air Bag Deployed (For This Seat) 1=Killed Passenger Or Cargo Area 02=Side Air Bag Deployed (For This Seat) 7 _Throuh Top Up) Roof Opening (Convertible Injury 12=1n Open Area 03=Other Type Air Bag Deployed 3=Moderate (Back Of Pickup, Etc.) 04=Multiple Air Bags Deployed 9=Unknown Injury 13.Trailing Unit 05=Motorcycle Eye Protection 4=Minor Injury 14=Riding On Vehicle Exterior 06=Bitydist Wearing Elbow/Knee/Pads Extrication: 8=Injury, Unk 15=Bus Passenger 10 --Air Bag Not Deployed, Switch On j O=Not Applicable Severity 98=Other 11=Air Bag Not Deployed, Switch Off 1=Not AppExtrilicable ted 9=Unknown if 99=Unknown 12=Air Bag Not Deployed, 2=Extricated By Mechanical Means Injury U13=Airk Setting Bag Removed (Prior To Crash) Switch 3=Freed By Non -Mechanical Means Air Bag Deployed =other 19=Unknown N 9 99=Unknown =Unknown EMS Agency: LOWER ALLEN EMS Medical Facility: HOLY SPIRIT HOSPITAL Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G H I 01 01 Delete? p 07 - 17 - 1989 M 0 01 03 00 n l _ 0 0 Name / Address / Phone EMS Transport ■Samere or BOWER, JOSHUA L 36 MONARCH LN MECHANICSBURG PA 17050 717Ope p Yes • No Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G H 1 01 02 Delete? 0 12 - 05 - 1991 2 F " 03 03 00 0 0 0 Name / Address / Phone EMS Transport D Operatorsame as ROSALYNN YARBROUGH 50 W. PENN ST. CARLISLE PA 17013 3042 O Yes • No Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G H I 01 03 Delete? p 06 - 01 - 1969 2 F 3 06 99 00 0 0 0 Name / Address / Phone Transport Same • OperSame asEMS as VIKKI RARICK 50 W. PENN ST. CARLISLE PA 17013 3042832050 SP Yes 0 No Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G H 1 02 01 Delete? p 12 - 05 - 1986 1 M � I" 101 03 00 0 0 0 Name/ Address / Phone EMS Transport Same measJON Operator as T. FIASCHETTI 342 S. 5TH ST. REAR LEMOYNE PA 17043 7 0 Yes • No Unit No Person No Date of Birth (MM-DD-YYYY) A 8 C D E F G H I 02 02 Delete? 0 05 - 28 - 1987 2 M 0 03 03 00 0 � Fri 0 Name / Address / Phone EMS Transport Same as Same • Operator JACOB STROBERT 6118 SUMMIT POINTE DR. HARRISBURG PA 1711 Q Yes • No Unk No Person No Date of Birth (MM-DD-YYYY) A B C D E F Delete? 0 - - I 1 ❑ ❑ ` ❑ ❑ Name 1 Address / Phone EMS Transport ■ Same as C) Yes O No LOperator FORM a AA -503 (12)02) PEPNDOT COPY http://www.dot6.state.pa.us/crsapp/PrintImages/XmlFiles/20120491542012... 6/27/2012 Print CRS W0279011 J COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM AA 500 4 Pdke Use Only . 15 16 17 18 Page 6 Page 6 of 13 111 IlIIIIIIIIIIlIIJ Crash Number 7 W0279011 Crash Description Relation to Roadway Illumination I O=Non-Collision 2=Head On 1=Rear End 3=Rear(BtowRear ) 1=0n Travel Lanes 3=Median 2=Shoulder 4=Roadside 1=Daylight 2=Dark - No Street Ughts Weather Conditions n Road Surface Conditions I I 1=No Adverse Conditions 2=Rain 4=Snow 6 --Rain & Fog 3=Dark . Street Lights 44:1iusk 3= -Sleet (Hail) 4=Angle 5= ' eswl e me Direction) 5=Outside Trafficway 6=In Parking Lane 5=Dawn 6=Dark - Unknown Roadway Lightin 5=Fog E .2 c 1 Unit No 2 Please Put Events in 3 Sequential Order 4 01 Harm Event L/R Most? 02 O=Dry 1=Wet Utility Pole Number 2=Sand, Mud, Did, 4 -Slush oil 3=Snow Covered 5=Ice 1 Untt No 02 2 Please Put 3 Events in Sequential Order 4 Harm Event L/R Most7 C• C0 LI 0 11 27 03 O O Utility Pole Number 6=Sideswipe 8 -HR Pedestrian (Opposite Direction) 7=Hit Fixed Object 9=Otherlunknown 7=Gore (Ramp Intersection) 9=Unknown 8 --Other 7=Sleet & Fog 9=Unknown 8=Other 6=lce Patches 7=Water - Standing or Moving Harmful Events (Hann Even() 01=Hit Unit 1 02=Hit Unit 2 03=Hit Unit 3 04=Hit Unit 4 05=Hit Unit 5 06=Hit Other Traffic Unit 07=Hit Deer 08= -Hit Other Animal 09=Collision With Other Non Fixed Object 11=Struck By Unit 1 12=Struck By Unit 2 13=Struck By Unit 3 14=Struck By Unit 4 15=Struck By Unit 5 16=Struck By Other Traffic Unit 21=1 -lit Tree Or Shrubbery 22=Hit Embankment 23=Hit Utility Pole 24=Hit Traffic Sign 25=Hit Guard Rail 26=Hit Guard Rail End 27=Hit Curb 28=Hit Concrete Or Longitudinal Barrier 29=Hit Ditch 8=Other 30=Hit Fence Or Wall 31=Hit Building 32=Hit Culvert 33=Hit Bridge Pier Or Abutment 34=Hit Parapet End 35=Hit Bridge Rail 3%Hit Boulder Or Obstacle On Roadway 37=Hit Impact Attenuator 38=Hit Fire Hydrant 39=Hit Roadway Equipment 40=Hit Mail Box 41=Hit Traffic Island 42=Hit Snow Bank 43=Hit Temporary Construction Barrier 48=Hit Other Fixed Ob' 49=Hit Unknown Fixed Object 50=OverturNRoll Over 51=Struck By Thrown Or Falling Object 52=Pot Holes Or Other Pavement Irregularities 53=1acknife 54ire In Vehicle 58=Other Non -Collision 99=Unknown Harmful Event First l�rmful v1 e W-Crh Unit No 01 Harm Event 02 Most Untt No Thirrnful vein the Crash Do not repeat this information on monipte pages 02 Hann Event 11 0 E 0 am c Environmental /Roadway Potential Factors (EB) 00=None 01=Windy Conditions 02=Sudden Weather Conditions 03=Other Weather Conditions 04=Deer In Roadway' OS=Obstacle On Roadway 06=Other Animal In Roadway 07=Glare 08=Work Zone Related 00 2 3 11=Slippery Road Conditions (Ice/Snow) 12=Substance On Roadway 13=Potholes 14=Broken Or Cracked Pavement 1S=TCD Obstructed 16=Soft Shoulder Or Shoulder Drop Off 28=Other Roadway Factor 29=Other Environmental Factor 99=Unknown Possible Vehide Failures (V) 00=None 06=Exhaust 01=Tires 07=Headlights 02=Brake System 03=Steering System 04=Suspension 05=Power Train Unit No Unit No 01 02 1 08=Signal lights 09=Other Lights 10=Hom 11=Mirrors 00 00 2 2 12=Wipers 13=Driver Seating/Control 14=Body, Doors, Hood, Etc 15=Trailer Hitch 16=Wheels 17=Airbags 18=Trailer Overloaded 19=Unsecure/Shifted Trailer Load 20=1mproper Towing 21=Obstructed Windshield 99=Unknown Driver Action (D) DO=No Contributing Action 01=Driver Was Distracted 02=Driving Using Hand Held Phone 03=Driving Using Hands Free Phone 04=Making Illegal U -Turn 05=Improper/Careless Turning 06=Turning From Wrong Lane 07=Proceeding W/0 Clearance After Stop 08=Running Stop Sign 09=Running Red Light 10=Failure To Respond To Other Traffic Control Device 11=Tailgating 12=Sudden Slowing/Stopping 13=Illegally Stopped On Road 14=Careless Passing Or Lane Change 15=Passing In No Passing Zone 16=Driving The Wrong Way On 1 -Way Street Not 01 1 Unit No 02 14 00 2 2 17{areiess Or Illegal Backing On Roadway 18=Driving On The Wrong Side Of Road 19=Making Improper Entrance To Highway 20=Making Improper Exrt From Highway 21=Careless Parking/Unparking 22=OverlUnder Compensation At Curve 23=Speeding 24=Driving Too Fast For Conditions 25=Failure To Maintain Proper Speed 26=Drarer fleeing Police (Poi Chase) 27=Driver Inexperienced 28=Failure To Use Specialized Equip 92=Affected By Physical Condition 98=Other improper Driving Actions 99=Unknown 3 3 4 4 Indicated Prime Factor Do not repeal this information on 19 multiple pages. E I R V D P LO O • O FORM I AA -500 (1202) Unit No Factor Code 01 14 If EIR is the Prime Factor Type, leave Unit No blank Pedestrian Action (P) 00=None ,01=Entering Or Crossing At Specified Location 02=Walking, Running, logging. Or Playing Unit No 01 03=Working 04=Pushing Vehicle OS=Approaching Or Leaving Vehide 06=Working On Vehicle 07=Standing 98=Other 99=Unknown Unit No 02 PENNDOT COPY http://www. doth.state.pa.us/crsapp/PrintImages/XmlFiles/20120491542012... 6/27/2012 Print CRS W0279011 1 16 17 18 19 COMMONVIIEALTH OF PENNSYLVANIA POLICE CRASH REPORTING EORRti AA 500 4 Poke use Ony Page 7 Page 7 of 13 111111111111111111 Cm. Plumber —1 W0279011 2/021 PENNDOT COPY http://vvww.dot6.state.pa.us/crsapp/PrintImages/XmlFiles/20 20491542012... 6/27/2012 t rash Description 5 O=Non-CoAision 2=Head On 4=Angle 6 --Sideswipe 8=Hit Pedestrian c t=Rear End 3=Rpar to Rear 5=Sideswipe (Opposite Direction) (Backing) (Same irection) 7=Hit Fixed Object 9=Other!Unknown a Relation to Roadway fl 1=On Travel Lanes 3=Median 5=Outside Trafficway 7=Gore (Ramp Intersection) 2=Shoulder 4=Roadside 6=In Parking Lane 9=Unknown ; IRumination - - - 3 1=Daylight 3=Dark - Street 5=Dawn 8=Other 2=Dark No .tights — - 6=Dark - Unknown Street Lights 4=Dusk Roadway Lighting Weather Conditions t 1 1=N 1. Con tionse 3=Sleet (Hell) 5=Fo9 7=Sleet & Fog 9=Unknown 2=Rain 4=Snow 6=Rain & Fog 8=Other 6 Road Surface Conditions 0 O=Dvy 2 --Sand, Mud, DM, 4=Slush 6=1ce Patches 8=Other 1=Wet 3=Snow Covered 5=Ice 7=Water - Standing or Moving Harm Event LIR Most? Utility Pota Number Harmful Events (Hann Event) 30=Hit Fence Or Wall 1 Unit No 12 1 ! Ili 01=Hit Unit 1 31=Hit Building 02=Hit Unil 2 32=Hit Culvert 03, -Hit Unit 3 33=Ftit Bridge Pier Or Abutment 103 I04=Hit 11 Unit 4 34=Hit Parapet End 05=Hit Unit 5 35=1-iit Bridge Rail 06=Hit Other Traffic Unit 36=Hit Boulder Or Obstacle Please Put3 Events in E 07=Hit Deer - On Roadway 08 --Hit Other Animal 37=Hit Impact Attenuator With 38=Hit Fire Hydrant Sequential 09=Collision Other Non Fixed Object 39=Hit Roadway Equipment 3 Order 4 r r IL—._ 0 11=Struck By Unit 1 41: -Hit Mail Box 12=Struck By Unit 2 41=Hit Traffic Island 13=Struck By Unit 3 42=Hit Snow Bank Harm Event LIR Most? t14kBty Pale Plumber 14=Struck By Unit 4 43=Hit Temporary Construction 15=Struck By Unit 5 Barrier .. 1 Unit No O 16=Struck By Other Traffic Unit 48, --Hit Other Fixed Object 21=Hit Tree Or Shrubbery 49=Hit Unknown Fired Object 22=Hit Embankment 5(Overturr Roll Over „ 2 0 23=Hit Utility Pole 51=Struck By Thrown Or Falling 24=Hit Traffic Sign Object 7 25=Hit Guard Rail 52=Pot Holes Or Other Please Put Events in 3 E 0 26=1 -lit Guard Rail End Pavement Irregularities 27=Hit Curb 53=1acknife 28=Hit Concrete Or 54=Fre In Vehicle Sequential Longitudinal Barrier 58=Other Non Collision Order b 0 29=Hit Ditch 99=Unknown Harmful Event First Unit PIO Harm Event Most Unit No Harm Event Driver Action (D) 17=Careless Or Illegal �imful fuf00=Na Contributing Aviion Backing On Roadway vent an 01 02 I;v€itinn 02 11 01=Driver Was Distracted 18=Driving On The Wrong the Crash the Crash 02=Driving Using Hand Held Phone Side Of Road Do not .epeatur=s"rom>ar;a,an rn 03=Driving Using Hands Free Phone 19=Making Improper Contributing Information j 04=Making Illegal U -Turn Entrance To Highway Environmental / Roadway 05=Improper/Careless Tuming 20=Making Improper Exit Potential Factors (UM 1 00 2 3 06=Tuming From Wrong Lane From Highway 00=Mone 11=51i Road Conditions Oce/Snow) Ppm 01=Windy Conditions 12=Substance On Roadway 02=Sudden Weather Conditions 13=Potholes 03=0ther Weather Conditions 14=Broken Or Cracked Pavement 04=Deer In Roadway 15=TCD Obstructed OS=Obstacle On Roadway 16=Sofl Shoulder Or Shoulder Drop Off 06=Other Animal In Roadway 28=Other Roadway Factor 07=Glare 29=Other Environmental Factor 08=Work Zone Related 99=Unknown 07=Proceeding W/O 21=Careless ParkmgrUnparking Clearance After Stop 22=OverlUnder 08=Running Stop Sign Compensation At Curve 09=Running Red Light 23=Speeding 10=Failure To Respond To 24=Driving Too Fast For Conditions Other Traffic Control Device 25=Failure To Maintain Proper Speed 11=Tailgating 26=Driver Fleeing Police (Poi Chase) 12=Sudden Slowing/Stopping 27=Driver Inexperienced 13=Illegally Stopped On Road 28=Faiture To Use Specialized Equip 14=Careless Passing Or Lane 92=AffectedPh cal Condition Change Driving Possible Vehicle Failures (19 12=Wipers 98=Other Improper Actions 15=Passing In No Passing Zone 99=Unknown 00=None 06=Exhaust 13=Driver Seating/Control 01=Tires 07=Headlights 14=Body, Doors, Hood, Etc Hitch 16=Driving The Wrong Way On 1 -Way Street 02=Brake System 08=Signal Lights 15=Trainer 03=Steering System 09=Other Lights 1E=Wheels 17=Airbags Unit No 03 1 2 3 .4 nran verloaded 05=Power Trai11Mrrors 18=Trailer O 19=Unsecure/Shifted Unit 03 1 00 2 Trailer Load wpb 1 2 3 4 No 20 --Improper Towing 21=Obstructed Windshield pedesblan Action (P) 03=Working No No 1 2 99=Unknown 00=None 01=Entering Or Crossing At 04=Pushing Vehicle 05=Approaching Or Leaving Vehicle Specified Location 06=Working On Vehicle Indicated Prime Factor Unit Ho Factor Code 02=Walking, Running, logging, 07=Standing Do not repeat this informal' on on multiple pages. 01 14 Or Playing 98=Other 99=1)nknown E/R V D P • 0 If E/R is the Prime Factor Unit No 03 Unit No 0 0 Type, leave Unit No blank 2/021 PENNDOT COPY http://vvww.dot6.state.pa.us/crsapp/PrintImages/XmlFiles/20 20491542012... 6/27/2012 Print CRS W0279011 20 21 22 Page 8 of 13 OF POLI EONWEALTH CRASH REPORTING FORMANIAPage �I IIII��Alll� Crash Number AA 5005 Police Use Only 8 W0279011 0 Witness Name Address Phone 1 2 Narrative and additional witnesses: Accident Investigation Notification Issued? 0 Property Damage 0 Police Agency Data: The crash report was recorded by police agency 21102 -Lower Allen Township, patrol zone -204, under incident number LA1203790. The dispatch date was 05/05/2012, the dispatch time was 2240 hours, the investigation date was 05/05/2012, the arrival time was 2240 hours. The investigator was TRZNADEL, badge number 1824. The report has not been approved. The crash report was recorded by police agency 21102 -Lower Allen Township, patrol zone -204, under incident number LA1203790. The dispatch date was 05/05/2012, the dispatch time was 2240 hours, the investigation date was 05/05/2012, the arrival time was 2240 hours. The investigator was TRZNADEL, badge number 1824. The report has not been approved. Crash Data: This is a sideswipe --same direction crash occurred in Cumberland in the municipality of Lower Allen Township, on Saturday, 05/05/2012 at 2230 hours. The illumination at the time of the crash was dark with street lights. The 3 -unit crash involved 5 people with 1 injury. There were no fatalities. This is a reportable crash. FORM • AA -500 (12102) PENNDOT COPY http://www.dot6. state.pa.us/crsapp/PrintImages/XmlFiles/20120491542012... 6/27/2012 Print CRS W0279011 Page 9 of 13 COLVEIRMWERIM PERPOSYLVANDA POLICE Cls INEFORVING FORM AA 500 N Police Use On CD New J112071j10111111111 Channel Continuation Crash Plumber FORO AA.60Sse tonal PENNDOT COPY http://www.dot6.state.pa.us/crsapp/PrintIrnages/XmlFiles/20120491542012... 6/27/2012 Pdarrative and additional witnesses: Highway maintenance was not notified. The crash was not school bus related. The crash was not school zone related. The crash did not occur in a work zone. The roadway surface was dry. Weather conditions included No adverse conditions. The indicated prime factor for this crash was a driver's action (Careless passing or lane change) for unit 01. The first harmful event for this crash was that unit 1 Hit unit 02 and the most harmful event for this crash was that unit 2 was struck by unit 1. This is a sideswipe --same direction crash occurred in Cumberland in the municipality of Lower Allen Township, on Saturday, 05/05/2012 at 2230 hours. The illumination at the time of the crash was dark with street lights. The 3 -unit crash involved 5 people with 1 injury. There were no fatalities. This is a reportable crash. Highway maintenance was not notified. The crash was not school bus related. The crash was not school zone related. The crash did not occur in a work zone. The roadway surface was dry. Weather , • conditions included Noadverse conditions. Thelndicatedvrime factor for this crash vias`a—driver's action - (Careless passing or lane change) for unit 01. The first harmful event for this crash was that unit 1 Hit unit 02 and the most harmful event for this crash was that unit 2 was struck by unit 1. ' Type Location: . 2 This was a a four way intersection crash, which occurred at no special location. I Principal Roadway: Cumberland County, GETTYSBURG Road, the orientation of the roadway was West, there were 04 travel lane(s), the speed limit was 40 Mph, with a state highway route signing. t 4 g tntersecting Road: Cumberland County, SPANGLER Road, the orientation of the roadway was North, there were 04 travel lane (s), the speed limit was 25 Mph, with a local road or street route signing. . TCD: 1 ..... 4• _ N .......r. j , ......... , ....... "...-...... .* Traffic Control Device: a traffic signal, functioning properly. , . Work zone: • Type of Work Zone: , . • FORO AA.60Sse tonal PENNDOT COPY http://www.dot6.state.pa.us/crsapp/PrintIrnages/XmlFiles/20120491542012... 6/27/2012 Print CRS W0279011 Page -.~--_ 8 PERINSYLVANOA ~~~~ fIDOLOcEEMASH nREIKICITmNFORM 1 AA 500 N Poke Use Only 10 1111111 UNMU U0N " "mwwUNUM n ^ W0279011 Crash Number _. _----__-_-_-_-__-_____-��__------_'_ ---- '-_--_-__ Aualliwry INmw=wand Narrative�__ .. Narrative and addilional witnesses: . • , - • . , ' m�m)�xkz6ne - ' ' . � • , . ' Lane Closure: . ' . Not applicable. |/ ` UNIT INFORMATION: 1 / � . ' . ^ . ` .' •- • Unit Number 1 w�� vnbwmoomnad by BOWER, JOSHUA Address:36 j• MONARCH LwuxECn*m/ConuR*rn//vmu.This /999Honda identified u»VIN: ^"^RD28m^Cvv="'2 was registered in PA with License HXY7814. Travespeed: Unknown. Unit insured: veh,cle has insurance, • Insurance CompaPROGRESSIVE. The Unit was not towed. This was not a commercial vehicle. This Unit was an automobile, Vehicle color: an other color, Special Usage: Not applicable. The initial impact point was at 2 o'clock, Damage Indicator: Minor (able to be driven), Vehicle role: Hit unit 02: Vehicle position: in the left lane. Direction of travel: West, Movement: Changing lanes or merging, Gradient: on a » level roadway, Alignment: Straight. . `. Driver Information: . . • . `�• . . � .` � . � � ' � ` ` ' � — � '�' ` . The driver of this unit was JOSHUA L BOWER. Address: 36MONARCHLN MECHANICSBURGPA17O50 Telephone: 717-526-9661, Drivers License #: 29425030, State: PA. DOB: Unknown. Age: 99. Sex: Male. Seat position: driver's seat. Primary , equipment: None used / Not applicable. Injury severity: Not injured. Ejection: Not ejected. Alcohol/Drugs ed: none suspected, Alcohol Test e: Test not given, Alcohol Test Results: Result = 0.00. Sus � Driver's' action(s),Careless paowinQcx|mne�change.Theindividue[000nddionwaoeppan*ndynum,ai Vehicle code NONE was violated. • ` - / . \ Passanger Information: a passenger 02: ROSALYNN YARBROUGH, Address: 50 W. PENN ST. CARLISLE PA 17013. Telephone: 304-283-2050. D91Age.; up . r equ�mon�bpand uhnu�o,be�wm used.safety equipment: None used / Not applicable.' Injury severity: Not injured. Ejection: Not applicable. . Pooumngo,knfn,mobon: apassenger 03:VKKN|AARKCK ~ . �� . . ` ' FORM v^wm1:01 goon PENmDOrCOPY htt�:dot6, }��4�}�478}7__ 6/27/20 2 ' ' �. .. � � Print CRS W0279011 Page 11 of 13 CORfil R7l I ,ILTIM OF PERMSYLVAABOA O9O PIEFORCITING FOEM M 500 N IPolice Use oey Page CD New 0 Change/ Continuation 11111 1111111111 W0279011 ICrash Number POMO anaaav ts4 PENNDOT COPY http://www. doth.state.pa.us/crsapp/PrintImages/XmlFiles/20120491542012... 6/27/2012 Narrative and additional witnesses: . Address: 50 W. PENN ST. CARLISLE PA 17013. Telephone: 304-283-2050. DOB: 06/01/1969. Age: 42. Sex: Female. Seat position: Second row - right side. Primary safety equipment: Unknown. Secondary safety equipment: None used / Not applicable. Injury severity: Moderate injury. Ejection: Not applicable. UNIT INFORMATION: 2 Unit Number 2 was a motor vehicle in transport. The unit was owned by FIASCHETTI, JON T. Address: 342 S 5TH ST REAR LEMOYNE PA 17043. This 2007 Ford identified by VIN: 1FAHP37N67W333026 was registered in PA with License FPS5133. Travel speed: Unknown. Unit insured: vehicle has insurance, Insurance Company: MMG INSURANCE. The Unit was not towed. This was not a commercial vehicle. This Unit was an automobile, Vehicle color. an other color, Special Usage: Not applicable. The initial impact point was at 10 o'clock, Damage Indicator: Functional (mod. - may be undriveable), Vehicle role: wat struck by unit 1, hit a curb and Hit unit 03. Vehicle position: in the curb lane right. Direction of travel: West, Movement: Going straight, Gradient: on a level roadway, Alignment: Straight. Driver Information: The driver of this unit was JONATHAN T FIASCHETTI. Address: 342 S 5TH ST LEMOYNE PA 17043. Telephone: 717-649-8678, Drivers License #: 27671767, State: PA. DOB: 12/05/1986. Age: 25. Sex: Male. i Seat position: driver's seat. Primary safety equipment: lap and shoulder belt were used. Secondary safety equipment: None used / Not applicable. Injury severity: Not injured. Ejection: Not applicable. Alcohol/Drugs Suspected: none suspected, Alcohol Test Type: Test not given, Alcohol Test Results: Result = 0.00. The individual's condition was apparently normal. Passenger Information: a passenger 02: JACOB STROBERT, Address: 6118 SUMMIT POINTE DR. HARRISBURG PA 17111. Telephone: 717-903-5347. DOB: 05/28/1987. Age: 24. Sex: Male. Seat position: Front seat right side. Primary safety equipment: lap and shoulder belt were used. Secondary safety equipment: None used / Not applicable. Injury severity: No Entry Made. Ejection; Not applicable. UNIT INFORMATION: 3 • Unit Number 3 was a legally parked vehicle. The unit was POMO anaaav ts4 PENNDOT COPY http://www. doth.state.pa.us/crsapp/PrintImages/XmlFiles/20120491542012... 6/27/2012 Print CRS W0279011 ��17nf�� ~~�-^^~~- ~ COMPAOMENALTDI Of PERIIIISITLVAPSDA POLICE CRAM IIIEPOIWIRIG FORM AA N Page New thangei Continuation 111111 11111111111 W)2700l] Crash Number Pandilary Witness and Narrative) -----. Narrative and additional witnesses: . owned by SILVAGIO, PHILIP & JULIE ANN. Address: 1206 EDINBURG CIR NEW CUMBERLND PA 17U7V.This 20OTChevrolet identified by VIN: GBKG31U171223308 was registered in PA with License HG51708. Travel speed: Stopped. Unit insured: vehicle has insurance, Insurance Company: AMCO. The Unit was not towed. This was not a commercial vehicle. This Unit was another vehicle, Vehicle color: White, Special Usage: Not applicable. The initial icu pointwmsot5otlock.Domogo|ndicatocm\inor(ab!ntn be driven), Vehicle role: was struck by unit 2. Vehicle position: an other position. Movement Parked, Gradierit: on a level roadway, Alignment: Straight. - :'-- I' '- — v . . ' | i . ! � ' ` ` | / ' - , ... __ ( ( ' . ' ` FORM vPAROwO ICmM PENNDOT COPY h+t�� .dnt6, Y�04�}5��0l7^_ 6/27/2012 / state.pa.us/crsapp/PrintImages/XmlFi '. � � _ Print CRS W0279011 Crash Number: W0279011 incident Number: LA -12-03790 Page 13 of 13 tr 2" SPANGLER RD 4 ik • http://www.dot6.state.pa.us/crsapp/PrintImages/XmlFiles/20120491542012... 6/27/2012 '1 1 Handler Henning & Rosenberg LLP Attorneys at Law CONTINGENT FEE AGREEMENT I, Vikki Rarick do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as ..my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against Joshua Bower or against anyone else as a result of injuries and damages I sustained in an incident that occurred on . 05/05/2012 I agree not to settle, negotiate.or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to•be rendered by Handler, ' Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of whatever sum is recovered as a result, of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. I further understand that my attorney(s) may have to resolve Medicare, Medicaid, and/or private health insurance reimbursement claims or liens for past and/or future medical care. My attorneys) may associate separate experts/case workers who will assist with the reimbursement of claim s'orliens.' The expense' of any such service will be treated as a case expense. If no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG; LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between,lawyers. I understand the terms herein apply to other lawyers associated on this case. I understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I•have.read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. ITNESS H ve hereunto set my hand and seal this 17th day of May, 2012. kik.k - *—RCCUP.Jk. Vikki Rarick (SEAL) Andrew C. Spears Attorney ID# 87737 i HANDLER, HENNING & ROSENBERG, LLP , 1300 Linglestown Road Hanisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 'E-mail: Spears@hhrlaw.com •!'' F73- TZ'r. 7i01.:3110TA,-,.'": 20111 APR 22 Ail 10: 09 CUMBERL AND COU)/ PENNSYLVANIANT Attorney for Plaintiff(s) •VIkki Rarick 310 Cherry Street Saint Clair, PA 17970 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2014 .--fDL-44 Lt Civil Action (XX) Law ( ) Equity versus : Joshua Bower : 36 Monarch Lane Mechanicsburg, PA 17050 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above -captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff iAndrew C. Spears 1Handler, Henning & R senbero. LLP 11300 Linolestown Road. Suite 2 Harrisburg, PA 17110 1(717) 238-2000 Name/Address/Telephone No. of Attorney Signature of Attorney Supreme Court ID No. 87737 Date: April 17, 2014 —*" 47, Vikki Rarick 310 Cherry Street Saint Clair, PA 17970 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2014 -:DLibt4 • Civil Action (XX) Law ( ) Equity Joshua Bower 36 Monarch Lane Mechanicsburg, PA 17050 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): ,you ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: • jIT • Prothonotary 1.72/1-P_Jr PutY ..-TRUE-GOR In Testimony wner,c,+_ and the seal of Stb This •-. •••••• • .. co' • ..,4N - ECO 116 erIT Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 4 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(61o) 276-4963 Andrea_J_Bullock@Progressive.com Our File *124720468-o01 • Attorney for Defendant Joshua L Bower Vikki Rarick Joshua Bower •'OTHONOrAii C(11184-RI.ANO C PeiviivsY4 AN : Court of Common Pleas Cumberland County 1 : PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon the Plaintiff to file a Complaint within twenty (2o) days hereof or suffer the Entry of Judgment Non Pros. Law Offices of Hubshman, Flood & Bullock •By: i(A.V-A. "Andrea J. Bullock, Esquire Attorney for Defendant RULE TO FILE COMPLAINT e a Complaint within Pros. intiff-t rib) days h—e-faif or suffer theEhtry of Aidgment-Non" TRUE COPY, FR -OM RECORD In Testimony whereof, I here unto set iny hand and 61e seal rf said.CRurt at Carlisle, Pa. This 1---9ciayof • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 1=10 RARICK; JOSHUA BOWER, Plaintiff(s) v. Defendant(s) 2014-2464 Civil Action - Law NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in 1 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. :1 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 LEGNI. SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. -Curnherland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 • 1•••••••• AVISO .,USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan ms adelante en las siguientes paginas, debe tomer accion dentro de los proximos veinte (20) dies despues de la notificacion de esta Demanda y Aviso radicando personalmente o por imedio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted fella de tomer acciOn como se describe anteriormente, el caso puede proceder sin usted y un fall° por cualquier surna de dinero reclamada en la dernanda o cualquier otra reclamacion o remedio [solicited° por el demandante puede ser dictado en contra suya por la Corte sin ma's aviso adicional. Usted puede perder dinero o propiedati.0 otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED " NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Andrew C. Spears (PA 87737) HANDLER,,HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg,PA 17110 Ph. 717.238.2000 Fax 717.233.3029 spears©hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, JOSHUA BOWER Plaintiff, v. Defendant. NO.: 2014 -2464 -CIVIL CIVIL ACTION — LAW COMPLAINT Plaintiff, Vikki Rarick ("Ms. Rarick"), by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., makes this Complaint against the Defendant, Joshua Bower .(Defendant"), and avers as follows: 1. Ms. Rarick is a competent adult individual currently residing at 310 Cherry Street, Saint Clair, Schuylkill County, Pennsylvania. 2. Defendant is, upon information and belief, a competent adult individual currently residing at 36 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material hereto, Defendant owned and operated a 1999 Honda CRV, bearing Pennsylvania license plate •number HXY7814 ("Defendant's vehicle"). 4. At all times material hereto, Ms. Rarick was riding as a passenger in the back right seat of Defendant's vehicle. 5. At all times material hereto, it was dark and there were no adverse weather or road conditions. 6. On May 5, 2012, at approximately 10:30 p.m., Defendant was traveling westbound in the left travel lane , on Gettysburg Road in Lower Allen Township, Cumberland County, Pennsylvania. 7. At approximately the same time and place, a vehicle owned by Jonathan Fiaschetti was also travelling westbound on Gettysburg Road ("Fiaschetti's vehicle") in the right travel lane. 8. Suddenly, and without warning, Defendant made a lane change from the left lane to the right lane, where the righfside of Defgridant's vehicle violently struck the front left side of Fiaschetti's Vehicle, which was lawfully traveling in the right lane. 9. Following the crash, the police report indicated that Defendant had made a careless lane change. 10. As a direct and proximate result. of Defendant's negligence, Ms. Rarick sustained injuries as set forth more specifically below. COUNT I •— NEGLIGENCE Vikki Rarick v. Joshua Bower 11. All prior-paragraphs are incorporated herein as if set forth fully below. 12. The occurrence of the aforementioned collision and all the resultant injuries to Ms. Rarick 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 exercise reasonablecare in the operation and control of Defendant's vehicle, in violation of 75 Pa.C.S. § 3714; in failing to move Defendant's Vehicle from one traffic lane t� another in a safe manner, in violation of 75 Pa.C.S. § 3334; d. in failing to operate Defendant's vehicle at a speed that was safe for the existing conditions and hazards, in violation of 75 Pa.C.S. § 3361; e. in failing to :have .sufficient control of Defendant's vehicle, which would have allowed ;the vehicle to be maneuvered. in a way that would avoid doinginjury to any person or any thing likely to arise under the circumstances; and f. in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in has: failing to have Defendant's vehicle under such control that injury to persons or property could be avoided. 13. As a direct and proximate result of Defendant's negligence, Ms. Rarick a. suffered personal injuries including,but not limited to, injuries to her head, neck, stomach, legs, vertigo, and short- term memory loss. b. undergone continuing medical care for her injuries.: c. suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. d. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to her detriment and loss. e. suffered a loss of life's pleasures and will continue to suffer the same in the future, to her detriment and loss. f. been, and .will in the future continue to be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. 4 Wherefore, Plaintiff, Vikki Rarick, seeks damages from Defendant, Joshua Bower, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING AND ROSENBERG, LLP Date: July , 20 1.4 By: Andreears (PA 87737) Attorney for plaintiff, Vikki Rarick 5 VERIFICA 1ON PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; .and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew C. Spears Esquire Date: July 21, 2014 S t 1 Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: .Spears@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, v. JOSHUA BOWER, Plaintiff(s) Defendant(s) 2014-2464 Civil Action- Law CERTIFICATE OF SERVICE. On, July 21, 2014, I hereby certify that a true: and correct copy -of Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Andrea J. Bullock, Esq. Law Offices of Hubshrnan, Carey-& Flood 5165 Campus Drive Suite 200 Plymouth. Meeting, PA 19462 Attorney for: Joshua Bower HANDLER, HENNING & ROSENBERG, LLP' Andrew'C: Spears •NOTICE TO PLEAD • TO: All Parties You must p1 -ad f theenclosed Preliminary Objections 0) days or risk default. Law Offices of Hubshman, Flood Si Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 51.65 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4963 Andrea_J_Bullock@Progressive.com Our File #124720468-001 Vikki Rarick v. Joshua Bower CERTIFICATE OF SERVICE I hereby certify that I have'served a copy of the attached pleading upon all other parties or their attorneys by: ar mail ed mail onic filing 09Ck r Defendant Attorney for Defendant, Joshua L. Bower : Court of Common Pleas : Cumberland County : 2014-2464 DEFENDANT1S P N 0 CN TO P F'S COMPLAINT 1. This action arises out of a motor vehicle accident that occurred on May 5, 2012. 2. On or about April 22, 2014, Plaintiff filed a Writ of Summons. Please see a true and correct copy of Plaintiffs Writ attached hereto as Exhibit "A." 3. Defendant was served with the Writ of Summons. 4, On or about June 19, 2014, Defendant filed Rule to File Complaint. Please see a true and correct copy of Defendant's Rule to File Complaint attached hereto as Exhibit "B". 5. On or about July 23, 2014, Defendant sent notice of intent to take Non Pros to Plaintiffs Counsel. Please see Defendant's notice of intent to take Non Pros attached hereto as Exhibit "C". 6. Plaintiff filed a Complaint on or about July 21, 2014. See Complaint attached hereto as Exhibit "D." '7. Plaintiffs counsel signed the verification, to the Complain . Please see signed verification attached hereto as Exhibit "E". 8. Plaintiff's Complaint was not properly verified by Plaintiff, and, therefore, fails to conform to the requirements set for the in Pa.R.C.P. No. 1024(a). 9. Defendant requests dismissal of Plaintiff's Complaint for Plaintiff's failure to provide a proper verification to Plaintiff's Complaint. 10. Pa.R.C.P. 1024(a) provides that every pleading containing narratives of fact must contain a signed verification by the party or comply with the providing the reasons it is not. It For the above reason, it is submitted that Plaintiff's Complaint be stricken for failure to comply with the Pa.R.C.P. No. 1024 - WHEREFORE, Defendant, Joshua Bower, respectfully requests that Defendant's Preliminary Objections be sustained, Plaintiffs Complaint be dismissed. Law Offices of Hubshman, Flood & Buflock" By: Andrea J. Bullock, Esquire Attorney ID #20324o 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(61o) 276-4963 Andrca_J_Bullock@Progressive.com Our File #1247204687°01 ' Attorney for Defendant, Joshua L. Bower Vikki Rarick : Court of Common Pleas : Cumberland County v.. Joshua Bower : 2014-2464 DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT . . . Defendant, John Bowman, by and through his attorneys, Hubshman, Flood & Bullock, hereby submit the following Memorandum of Law in support of his Preliminary Objections to Plaintiffs Complaint: . MATTER BEFORE THE COURT Defendant's Preliminary Objections to Plaintiffs Complaint for lack of verification by Plainitff. II. STATEMENT OF QUESTION INVOLVED Should Defendant's Preliminary Objections be sustained and Plaintiffs Complaint dismissed for Plaintiff's failure to provide a proper verification pursuant to Pa.R.C.P. 1024? SUGGESTED AN R: Yes 4 Vikki Rarick V. : Court of Common Pleas : Cumberland. County Joshua Bower : 2014-2464 ORDER AND NOW, this day of , 2014, upon consideration of the Defendant's Preliminary Objections and any response thereto, it is hereby ORDERED and DECREED that Defendant's Preliminary Objections are SUSTAINED, and Plaintiffs SUIT is dismissed WITH PREJUDICE for failure to provide a proper verification. • BY THE COURT: Andrew C. Spears (PA 87737) HANIXER711EVIWOSENBERG, 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 I Ph. 717.238.2000 Fax 717.233.3029 spears@hhrlaw.com FILED-uFFI ,'E • OF THE PROTHONOTARY ?OA AUG 22 6112: 23 CUNBERLA ND COUNTY . PENNSYLVAN1A Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IIVIKKI RARICK, , JOSHUA V. BOWER Plaintiff, Defendant. NO.: 2014 -2464 -CML CIVIL ACTION — LAW AMENDED COMPLAINT Plaintiff, Vikki Rarick ("Ms. Rarick"), by and through her attorneys, HANDLER, ITHENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., makes this Complaint against the Defendant, Joshua Bower ('Defendant"), and avers as follows: 1. ; Ms. Rarick is a competent adult individual currently residing at 310 Cherry Street, Saint Clair, Schuylkill County, Pennsylvania. 2. Defendant is, upon information and belief, a competent adult individual currently residing at 36 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material hereto, Defendant owned and operated a 1999 Honda CRV, bearing Pennsylvania license plate number HXY7814 ("Defendant's vehicle"). 4. At all times material hereto, Ms. Rarick was riding as a passenger in the back right seat of Defendant's vehicle. 5. At all times material hereto, it was dark and there were no adverse weather or road conditions. 6. On May 5, 2012, at approximately 10:30 p.m., Defendant was traveling westbound in the left travel lane on Gettysburg Road in Lower Allen Township, Cumberland County, Pennsylvania. 7. At approximately the same time and place, a vehicle owned by Jonathan Fiaschetti was also travelling westbound on Gettysburg Road ("Fiaschetti's vehicle") in the right travel lane. 8. Suddenly, and without warning, Defendant made a lane change from the left lane to the right lane, where the right side of Defendant's vehicle violently struck the front left side of Fiaschetti's Vehicle, which was lawfully traveling in the right lane. 9. Following the crash, the police report indicated that Defendant had made a careless lane change. 10. As a direct and proximate result of Defendant's negligence, Ms. Rarick sustained injuries as set forth more specifically below. 2 COUNT I — NEGLIGENCE Vikki Rarick v. Joshua Bower 11. All prior paragraphs are incorporated herein as if set forth fully below. 12. The occurrence of the aforementioned collision and all the resultant injuries to Ms. Rarick 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 exercise reasonable care in the operatiOn and control of Defendant's vehicle, in violation of 75 Pa.C.S. § 3714; c. in failing to move Defendant's Vehicle from one traffic lane to another in a safe manner, in violation of 75 Pa.C.S. § 3334; d. in failing to operate Defendant's vehicle at a speed that was safe for the existing conditions and hazards, in violation of 75 Pa.C.S. § 3361; e. in failing to have sufficient control of Defendant's vehicle, which would have allowed• the vehicle to be maneuvered in a way that would avoid doing injury to any person or any thing likely to arise under the circumstances; and f. in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in has: failing to have Defendant's vehicle under such control that injury to persons or property could be avoided. 13. As a direct and proximate result of Defendant's negligence, Ms. Rarick a. suffered personal injuries including, but not limited to, injuries to her head, neck, stomach; legs, vertigo, and short- term memory loss. b. undergone continuing medical care for her injuries. c. suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. d. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to her detriment and loss. e. suffered a loss of life's pleasures and will continue to suffer the same in the future, to her detriment and loss. f. been, and will in the future continue to be, hindered from attending to her daily duties and chores, to her detriment, loss, humiliation, and embarrassment. 4 Wherefore, Plaintiff, Vikki Rarick, seeks damages from Defendant, Joshua Bower, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: July , 2014 By: Respectfully submitted, HANDLER, HENNING AND ROSENBERG, LLP Andrew C. Spears (PA 87737) Attorney for plaintiff, Vikki Rarick Wherefore, Plaintiff, Vikki Rarick, seeks damages from Defendant, Joshua Bower, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: Augus , 2014 By: Respectfully submitted, HANDLER, HENNING AND ROSENBERG, LLP Andrew C. pars (PA 87737) Attorney for plaintiff, Vikki Rarick 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. Vikki,Rarick •Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Lingtestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS• CUMBERLAND COUNTY, PENNSYLVANIA. VIKKI RARICK, Plaintiff(s) 2014-2464 v. Civil Action - Law JOSHUA BOWER, Defendant(s) CERTIFICATE OP SERVICE On, August 20, 2014, I hereby certify that a true and correct copy �f an Amended Complaint was served upon the following by depositing same in the United. States Mail, in Harrisburg, Pennsylvania: Andrea J. Bullock, Esq. 'Law Offices of Hubshman, Carey & Flood • 5165 Campus Drive Suite 200 Plymouth Meeting, PA 19462 Attorney for: Joshua Bower HANDLER, HENNING & ROSENBERG; LLP Andrew C. Sp rs NOTICE TO PLEAD TO: Plaintiff 1You are hereby notified to file a written response to the enclosed Answer with New Matter within ;!twenty (20) days from service hereof or a judgment it may be entered against you. By Andrea J. Bullock, Esq. Attorney for Defendant Law Offices of Hubshman, Flood & Bullock By: Andrea J. Bullock, Esquire Attorney ID #203240 5i65 Campus Drive, Suite 200 Attorney for Defendant Plymouth Meeting, PA 19462 Joshua L. Bower 1,1 Telephone #(6io) 276-4963 Our File #124720468.-ooi ..._ -----•- CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the attached pleading: upon all other parties or their attorneys by: X regular mail certified mail other .moi An ea J. Bullock, Esq. Attorney for Defendant By Vikki Rarick v. Joshua Bower : Court of Common Pleas : Cumberland County : 2014-2464 DEFENDANTS ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, answering Defendant is without ',fknowledge or information sufficient to forma belief as to the truth of the averments 'contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2. Denied. Defendant, Joshua Bower, resides at , 8o8 B Fairfield Street, 'Mechanicsburg, PA. 3. Denied. After reasonable investigation, answering Defendant is without ;knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 4. Admitted. 5-7. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time o EXHIBIT 8. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 9. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering Defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious,permanentor causally related-to—the—incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 10. Denied. The allegations contained in this paragraph are conclusions of law, , and no response is required. COUNT 1 — NEGLIGENCE VIKKI RARICK V. JOSHUA BOWER 11. Answering Defendant incorporates, by this reference, paragraphs 1 through io, inclusive, of the Answer to Plaintiffs Complaint as fully as though the same were !herein set forth at length. 12. Denied. The allegations contained in this paragraph are conclusions of law, iand no response is required. 13. Denied. The allegations contained in this paragraph are conclusions of law, an' d no response is required. By way of further response, answering' Defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or Causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, answering Defendant demands judgment in his favor and dismissal of Plaintiff's Complaint with prejudice. NEW MATTER 14. Plaintiffs Complaint fails to state a claim upon which relief may be granted. 15. Plaintiff failed to mitigate her damages. 16. If Plaintiff sustained the.injuries•and damages'as allege in the Complaint, then same were caused by other entities or parties over which answering Defendant had fI no control. 17. Plaintiffs claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 18. Plaintiffs voluntarily adopted a dangerous and hazardous method or manner rof performing the actions that she was then undertaking when there was a safe method !available and they thereby assumed the risk of injury in performing her actions. 19. Plaintiffs claims are barred, or must be reduced, as a result of Plaintiffs own .negligence, which was the proximate cause of the incident described in Plaintiffs 1,1omplaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7100. 20. Plaintiffs claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 21. Plaintiffs claims are barred and/or limited by the Pennsylvania Motor Vehicle No -Fault Insurance Act. 22. This Court lacks jurisdiction over the subject matter of the within action. 23. If Plaintiff sustained the injuries and damages as alleged in the Complaint, then same were not proximately caused by any action or failure to act on behalf of answering Defendant. 24. Answering Defendant avers that Plaintiffs cause of action is barred or limited by the Sudden Emergency Doctrine. 25. Plaintiffs claims are barred and/or limited by the New ersey Deemer ,, Statute, N.J.S.A:17:-2-8:14. WHEREFORE, answering Defendant demands judgment in his favor. BY: DATE: August 26, 2014 Law Offices of Hubshman, Flood & Bullock Andrea J. Bullock, Esquire Attorney for Defendant. ;r VERIFICATION 1 Andrea J. Bullock, Esquire, aver that I am the attorney for the answering Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of i8 Pa. C.S. Section 4904 relating to unswormfalsification16 Rithorities. C ct Andrea J. Bullock, Esquire 4, is Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiffs) n- 1 E J -G. i' fC THE PROTHOrNO Trod'` awl SEP 12, PH I2: 39 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, Plaintiffs) 2014-2464 V. Civil Action - Law JOSHUA BOWER, Defendant(s) PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Vikki Rarick, by and through her attorney, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and responds to the Defendant's allegations of New Matter as follows: 14. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 15. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any.and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 1 IEXHIBIT iJ r1 wrongdoing on the part of the Plaintiff are hereby denied. 16. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby. denied. 17. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 18. The averments of this'paragraph constitute conclusions of law to which no, response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 0 19. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. . 20. The averments of this paragraph constitute conclusions of law to which no'. response is required. If a response is required, any and all allegations and/or insinuations of 21. The averments of this paragraph constitute conclusions of law to which no It -- r response is required. If a response is required, any and all allegations and/or insinuations of ;p wrongdoing on the part of the Plaintiff are hereby denied. \22. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 2 it 23. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 24. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of the Plaintiff are hereby denied. 25. The aVerrii-ents of thieparigraph constitute conclusions of law -to which no -7 -- response is required. If a response is required the New Jersey Deemer Statute, N.J.S.A. 17:28-1.4 would be inapplicable to a Pennsylvania accident involving Pennsylvania drivers with Pennsylvania automobile insurance. WHEREFORE, Plaintiff respectfully requests that this Honorable Court defense Defendant's New Matter, enter judgment in her favor and enter such other Orders that are equitable and just. 3 HANDLER, HENNING & ROSENBERG, LLP - By: And w C. Spears, Esquire Supreme Court I.D. # 87737 1300 Linglestown Road - Harrisburg, PA 17110 spearsPhhrlaw.com (717) 238-2000 4. • f VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears;Esquire, states that is' the' attorney .tortn-e- deltifiling 'the faeboing document; that he makes this affidavit as an attorney,. that he has sufficient knowledge or I information and belief, based upon his investigation 'of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: September 10, 2014 Andrew C. Spears Esquire 4. ;f , V -Andrew C. Spears Attorney IN 87737 HANDLER, HENNING & ROSENBERG, LIP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK,, Plaintiff(s) 2014-2464 V. Civil Action - Law JOSHUA BOWER, Defendant(s) CERTIFICATE OF SERVICE On, September 10, 2014, I hereby certify that a true and correct copy of Plaintiff's Reply to New Matter was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Andrea J. Bullock, Esq. Law Offices of Hubshman, Carey • 5165 Campus Drive Suite 200 Plymouth Meeting, PA 19462 Attorney for: Joshua Bower HANDLER, HENNING &-ROSENBERG, LLP Andrew C. Spears Vikki Rarick V. Joshua Bower : Court of Common Pleas : Cumberland County : 2 0 14 -2 4 6 4 ORDER AND NOW, this di -37 of 0 (kit) t - Defendant's Motion to Compel Responses to Discovery Requests Addressed to Plaintiff, Vikki Rarick, it is hereby ORDERED that the Plaintiff shall provide complete and verified answers to Defendant's Interrogatories and complete responses to Request for Production of Documents within twenty (2o) days of the date of this Order. BY THE COURT: CZ) EXHIBIT I Vikki Rarick V. Joshua Bower. Court of Common Pleas Cumberland County • : 2014-2464 ORDER AND NOW, this day of , 2014, Defendant's Motion to Sanction the Plaintiff for failing to comply with the Court's Order of October 7, 2014 is GRANTED. The Court directs that the following Order be entered: 1. Plaintiff shall pay a counsel fee of $500.00 for the preparation and filing of this Motion; 2. Plaintiff is demanded to fully and completely answer Defendant's outstanding discovery as outlined in the attached Motion within five (5) days; 3. Plaintiff's failure to comply with the Court's Order of October 7, 2014, within five (5) days will result in Plaintiffs PRECLUSION from introducing any evidence or testimony at arbitration or trial; and, 4. All delay damages are stayed until Plaintiff fully and completely answer Defendant's outstanding discovery. BY THE COURT: J. EXHIBIT 1 Law Offices of Hubshman, Flood & Bullock By: Joseph A. Juliana, Esquire Attorney ID #59523 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4979 Our File #124720468-001 Attorney for Defendant Joshua L. Bower Vikki Rarick : Court of Common Pleas Cumberland County V. Joshua Bower : 2014-2464 •••-•••I `..1."..•••••••• . DEFENDANT'S MOTION FOR SANCTIONS FOR FAILURE TO COMPLY WITH A COURT ORDER DIRECTING DISCOVERY 1. Under cover letter dated June 16, 2014, Defendant served Interrogatories and Request for Production of Documents ohPlaintiff. 2. On September 22, 2014, Defendant filed a Motion to Compel Answers to Interrogatories and Request for Production of Documents, which was granted by the Court on October 7, 2014. 3. Plaintiff has failed to comply with the aforementioned Court Order. WHEREFORE, Defendant respectfully requests that this Court enter the proposed Order sanctioning Plaintiff and requiring them to respond to Defendant's discovery requests. •:•••••• ..„.••••••••,„?.•••• •••• Law Offices of Hubshman, Flood & Bullock By: Joseph A. Juliana, Esquire Attorney for Defendant Law Offices of Hubshman, Flood & Bullock By: Joseph A. Juliana, Esquire Attorney ID #59523 5165 Campus Drive, Suite 200 Attorney for Defendant Plymouth Meeting, PA 19462 Joshua L. Bower Telephone #(610) 276-4979 Our File #124720468-001 Vikki Rarick V. Joshua Bower : Court of Common Pleas : Cumberland County • : 2014-2464 • • CERTIFICATE OF SERVICE I, Joseph A. Juliana, attorney for Defendant, hereby certify that I caused a true and correct copy of Motion for Sanctions to be mailed this date by First Class, U.S. Mail, postage prepaid, to the following: •••••101411•01•••••...... Date: 11/7/14 • Andrew Spears, Esquire Handler, Henning & Rosenberg,. L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000/(717) 233-3029 (F) Law Offices of Hubshman, Flood & Bullock By: Joseph A. Juliana, Esquire Attorney for,Defendant--•,-...—„,_ VERIFICATION I, Joseph A. Juliana, Esquire, aver that I am the attorney for the Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements 11 therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Joseph A. Juliana, Esquire H H Handler Henning & Rosenberg LLP Attorneys at Law Andrew C. Spears Spears@hhrlaw.com • May 12, 2014 CERTIFIED MAIL - RETURN .RECEIPT REQUESTED Vikki Rarick 310 Cherry Street St. Clair, PA 17970 Re: Incident of 5/5/2012 HHR Case #217634 Dear Vikki: My office has been trying to reach you for some time regarding your case. We have now had to file, a lawsuit to preserve your statute of limitations. It is imperative that you contact my office immediately upon receipt of this letter to let us know whether you choose to pursue this case any further. Thank you for your anticipated cooperation. Very truly yours, HANDLER HENNING & ROSENBERG LLP ACS/dmc By: Andrew C. Spears 1300 LINGLESTOWN ROAD, SUITE 2 I HARRISBURG, PA 17110 717 238 2000 I f 717 233 3029 I toll free 800 422 2224 I www.hhrlaw.com Carlisle 717 241 2244 I Hanover 717 630 8200 I Lancaster 717 4314000 I York 717 845 EXHIBIT UNITED STATES POSTAL SERVICE Date Produced: 05/19/2014 HANDLER, HENNING AND ROSENBERG: The following is the delivery information for Certified MaiITM item number 7199 9991 7031 6671 3486. Our records indicate that this item was delivered on 05/14/2014 at 03:05 p.m. in SAINT CLAIR, PA 17970. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : 31/('��u-J Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 1372975 34592709 H H Vikki Rarick 310 Cherry Street Saint Clair, PA 17970 Handler Henning & Rosenberg LLP Re: Incident of 5/5/2012 HHR Case #217634 Dear Ms. Rarick: Attorneys at Law June 20, 2014 Andrew C. Spears Spears@hhrlaw.com Enclosed is the first Set of Interrogatories that the defense counsel has served on us. Under the Pennsylvania Rules of Civil Procedures, we must answer and return Interrogatories within thirty (30) days of service. At this time, I am requesting that you complete each question to the best of your knowledge and return the Interrogatories to me at your earliest convenience. Please write your answers directly on this document as this is purely a copy. I have the original set at our office. Again, I must answer and return the completed Interrogatories within thirty (30) days. Should you have any questions or need additional information, please do not hesitate to contact me or Angela N. Miller at AngelaM@hhrlaw.com, your case manager assigned to assist me with your case. Two Verifications are enclosed for your signature. These Verifications must be attached when we return the documents to defense counsel. Please sign both Verifications and return to me with your completed answers. Lastly, we also received their first set of Request for Production of Documents (which also must be returned in 30 days). In their request, they ask for your tax returns 5 years prior to the incident and the past few years following. Please send us a copy of each and return them with your answered interrogatories. If you do not have a copy please let me know as soon as possible so that I can request them. There will be a $23.00 expense for each year I must request. In advance, I thank you for your prompt attention to this matter. Very truly yours, HANDLER HENNING & ROSENBERG LLP By: Andrew C. Spears EXHIBIT 1300 LINGLESTOWN ROAD, SUITE 2 I HARRISBURG, PA 17110 ACS/anm 717 238 2000 I f 717 233 3029 I toll free 800 422 2224 I www.hhrlaw.com EnclosureSCarlisle 717 241 2244 I Hanover 717 630 8200 I Lancaster 717 4314000 I York 717 845 Handler Henning & Rosenberg LLP Attorneys at Law July 21, 2014 Vikki Rarick 310 Cherry Street Saint Clair, PA 17970 RE: Incident of 5/5/2012 Case #217634 Dear Ms. Rarick: Andrew C. Spears Spears@hhrlaw.com Enclosed please find a draft copy of a Complaint we intend to file on your behalf in your case. Please review the Complaint carefully and if it meets with your approval, please sign the enclosed verification and return it to my office in the enclosed envelope as soon as possible. If you need to make any changes or find any discrepancies, please indicate them directly on the draft copy of the Complaint and return it to me along with the Verification. If you should require any further assistance, please contact my office. Thank you. ACS/tgd Enclosure By: Very truly yours, HANDLER HENNING & ROSENBERG LLP Andrew C. Spears 1300 LINGLESTOWN ROAD, SUITE 2 I HARRISBURG, PA 17110 717 238 2000 If 717 233 3029 I toll free 800 422 2224 I www.hhrlaw.com Carlisle 717 241 2244 I Hanover 717 630 8200 I Lancaster 717 431 4000 I York 717 84 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: Vikki Rarick H H R Handler Henning & Rosenberg LLP Attorneys at Law Andrew C. Spears Spears@hhrlaw.com August 7, 2014 VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED Vikki Rarick 310 Cherry Street Saint Clair, PA 17970 RE: Incident of 5/5/2012 Case #217634 Dear Ms. Rarick: Enclosed please find a draft copy of a Complaint we intend to file on your behalf in your case. Please review the Complaint carefully and if it meets with your approval, please sign the enclosed Verification and return it to my office in the enclosed envelope as soon as possible. If you need to make any changes or find any discrepancies, please indicate them directly on the draft copy of the Complaint and return it to me along with the Verification. Since we have not heard from you in some time, kindly contact my office. immediately upon your receipt of this letter to advise if you still want to proceed with this matter. Please note that if we do not hear from you within 10 days from the date of this letter, we will assume that you no longer wish to move forward with this case and we will therefore go ahead and dismiss the action. I look forward to hearing from you in this regard. Very truly yours, HANDLER HENNING & ROSENBERG, LLP ACS/dmc Enclosures By: Andrew C. Spears 1300 LINGLESTOWN ROAD, SUITE 2 I HARRISBURG, PA 17110 717 238 2000 I f 717 233 3029 1 toll free 800 422 2224 I www.hhrlaw.com ti Carlisle 717 241 2244 I Hanover 717 630 8200 1 Lancaster 717 4314000 l York 717 845 1 MEXHIBIT UNITED STATES POSTAL SERVICE, Date Produced: 08/18/2014 HANDLER, HENNING AND ROSENBERG: The following is the delivery information for Certified MaiITM item number 7199 9991 7031 5235 3146. Our records indicate that this item was delivered on 08/13/2014 at 03:07 p.m. in SAINT CLAIR, PA 17970. The scanned image of the recipient information is provided below. ... ,v y Signature of Recipient : re Address of Recipient : t rk' r Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 1372975 34592709 H H Vikki Rarick 310 Cherry Street Saint Clair, PA 17970 Handler Henning & Rosenberg LLP Attorneys at Law September 8, 2014 Andrew C. Spears Spears@hhrlaw.com Re: Incident of 5/5/2012 Dear Ms. Rarick: This is to advise you that your Deposition has been scheduled for 10/22/2014 at 2:00 PM. The Deposition will take place at the American Red Cross, 79 East Pomfret Street, Carlisle, PA. The taking of your Deposition is a normal procedure in a personal injury case. The purpose of the Deposition is to ask questions as a follow-up to the Interrogatories that have already been submitted to us by opposing counsel. In addition, the Deposition gives opposing counsel the opportunity to meet you face to face. ACS/anm Enclosure Very truly yours, HANDLER HENNING & ROSENBERG LLP By: Andrew C. Spears 1300 LINGLESTOWN ROAD, SUITE 2 I HARRISBURG, PA 17110 717 238 2000 I f 717 233 3029 I toll free 800 422 2224 I www.hhrlaw.com Carlisle 717 241 2244 I Hanover 717 630 8200 I Lancaster 717 4314000 I York 717 8 Handler Henning & Rosenberg ��U�U��U�� L[P ~~"""""""�� Attorneys at Law September 8, 2014 Vikki Rarick 310 Cherry Street Saint Clair, PA 17970 Re: Incident of 5/5/2012 HHR Case #217634 Dear Ms. Rarick: Andrew C. Spears Spears@hhrlaw.com Enclosed is the first Set of Interrogatories that the defense counsel has served on us. Under the Pennsylvania Rules of Civil Procedures, we must answer and return Interrogatories within thirty (30) days of service. At this time, I am requesting that you complete each question to the best of your knowledge and return the Interrogatories to me at your earliest convenience. Please write your answers directly on this document as this is purely a copy. I have the original set at our office. Again, I must answer and return the completed Ih within thirty (30) days. Should you have any questions or need additional information, please do not hesitate to contact me or Angela N. Miller at AngelaM@hhrlaw.com, your case manager assigned to assist me with your case. Two Verifications are enclosed for your signature. These Verifications must be attached when we return the documents to defense counsel. Please sign both Verifications and return to me with your completed answers. Lastly, we also received their first set of Request for Production of Documents (which also must be returned in 30 days). In their request; they ask for yourtax returns 5 yearspr|or to the incident and the past few years following. Please send us a copy of each and return them with your answered interrogatories. If you do not have a copy please letme know as soon as possible so that I can request them. There will be a $23.00 expense for each year I must request. In advance, I thank you for your prompt attention'to this matter. Very truly yours, HANDLER HENNING & ROSENBERG LLP By: 1300 LINGLESTOWN ROA.DOSOTTC2 0MrtISBU0G,PAr711Q ACS/anm 717 238 2000 I f 717 233 3029 I toll free 800 422 2224 I www.hhrlaw.com EnclosuresCarlisle 717 241 2244 I Hanover 717 630 8200 I Lancaster 717 431 4000 I York 717 84 H H Vikki Rarick 310 Cherry Street Saint Clair, PA 17970 Handler Henning & Rosenberg LLP Attorneys at Law October 8, 2014 Andrew C. Spears Spears@hhrlaw.com Re: Incident of 5/5/2012 Dear Ms. Rarick: This is to advise you that your Deposition has been scheduled for 11/17/2014 at 10:00 AM. The Deposition will take place at 3950 Hartzdale Drive, Suite 150, Camp Hill, PA 17011. ACS/anm Enclosure Very truly yours, HANDLER HENNING & ROSENBERG LLP By: Andrew C. Spears 1300 LINGLESTOWN ROAD, SUITE 2 I HARRISBURG, PA 17110 717 238 2000 I f 717 233 3029 I toll free 800 422 2224 I www.hhrlaw.com Carlisle 717 241 2244 I Hanover 717 630 8200 I Lancaster 717 4314000 I York 717 84 H H Vikki Rarick 310 Cherry Street Saint Clair, PA 17970 Handler Henning & Rosenberg LLP Re: Incident of 5/5/2012 HHR Case #217634 Dear Ms. Rarick: Attorneys at Law October 9, 2014 Andrew C. Spears Spears@hhrlaw.com I am writing to follow up on your Interrogatory responses. Phone calls made to you have been unsuccessful. Opposing counsel has successfully obtained a motion to compel your responses. They are due to opposing counsel in 10 days. ACS/anm Very truly yours, HANDLER HENNING & ROSENBERG LLP By: Andrew C. Spears 1300 LINGLESTOWN ROAD, SUITE 2 I HARRISBURG, PA 17110 717 238 2000 I f 717 233 3029 I toll free 800 422 2224 I www.hhrlaw.com Carlisle 717 241 2244 I Hanover 717 630 8200 I Lancaster 717 4314000 I York 717 845 • PROGRESSIVE® Tlday , October 16, 201 ans2:500 PIA Total number of pages: 02 'Phone Number: 030081;-1164 FOR Number: 000)229-1590 Mailing Address PO Bolt 6801 44101 Cleveland, OH -101 Tot 1313I Fax number: 1112333029 COPY Of PIP PAYOUT LOG PER QUEST ---- LEAS : E NOTENO PIP PPAYMENTS RE CLIENT VICKI ROO( Iviessage: MADE, COVERAGE, DENIED fOR NON-COOPERATION Medical Pa ents / PIP - Print Preview Page 1 of 1 Named Insured: Injured Party: Claim Number: Date Of Loss: Total Billed: Total Paid: Joshua L Bower Vicki Radek 12-4720468 05-05-12 $234.81 $0.00 Medical Payments Details Amount -Provider Exposure- Service-Datee----- --Billed SADLER HEALTH CENTER CORPORATION PIP 05-15-12 / 05-15- $78.27 12 SADLER HEALTH CENTER CORPORATION PIP 05-15-12/05-15- $78.27 12 SADLER HEALTH CENTER CORP PIP 05-15-12 / 05-15- 12 Amount To Be —_paidLSeMce4ype- $0.00 $0.00 .$78.27 $0.001 Date Invoice Payment Received— -Lien- Nbmber--Status -- — 06-26-12 I 06-26-12 106-09-12 Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LIP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, Plaintiff(s) 2014-2464 V. Civil Action - Law JOSHUA BOWER, Defendant(s) CERTIFICATE OF SERVICE On November 19, 2014, I hereby certify that a true and correct copy of Petition of Counsel for Leave to Withdraw Appearance was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Dated: Joseph A. Juliana, Esq. Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Vikki Rarick 310 Cherry Street Saint Clair, PA 17970 HANDLER, HENNING & ROSENBERG, LLP Andrew C. Sears Law Offices of Hubshman, Flood & Bullock By: Joseph A. Juliana, Esquire Attorney for Defendant, Attorney ID #59523 Joshua L. Bower F' ! 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4979 Our File #124720468-001 Vikki Rarick : Court of Common Pleas : Cumberland County v. Joshua Bower : 2014-2464 l; f! °r'' i y CERTIFICATE OF SERVICE I, Joseph A. Juliana, attorney for Defendant, Joshua L. Bower, hereby certify that I caused a true and correct copy of The Court's Order dated November 17, 2014 issuing a rule upon the Plaintiff to show cause why Defendant's Motion for Sanctions should not be granted. The Plaintiff shall file an Answer to the Motion on or before December 5, 2014 and Hearing will be held on Wednesday December 10, 2014 at 2pm in Courtroom 2. Defense Counsel certifies the copy is to be mailed this date by First Class, U.S. Mail, postage prepaid, to the following: Date: 11/20/14 Andrew Spears, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000/(717) 233-3029 (F) Law Offices of Hubshman, Flood & Bullock By: Joseph A. Juliana, Esquire Attorney for Defendant fc3 Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com i= i L i`. T NiE i'r,0 Ii -{ON 201 1i0V 26 A11 8: 38 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, JOSHUA BOWER, Plaintiff(s) v. Defendant(s) 5 1) AND NOW, this day of 2014-2464 Civil Action - Law ORDER M dV , 2014, upon consideration of the verified Petition to Withdraw Representation of Vikki Rarick, it is hereby ORDERED and DECREED that said petition is GRANTED and that Petitioner, Andrew C. Spears, be permitted to withdraw his appearance of record for the Plaintiffs in the above matter. BY THE COURT: Notification List: / - Vikki Rarick, 310 Cherry Street, Saint Clair, PA 17970 - Joseph A. Juliana, Esq. Law Offices of Hubshrian, Flood & Bullock 5165 Campus Drive, Suite 200, Plymouth Meeting, PA 19462 Cepa moJNe ��la4�iv Law Offices of Hubshman, Flood & Bullock By: Joseph A. Juliana, Esquire Attorney ID #59523 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4979 Our File #124720468-001 Attorney for Defendant, Joshua L. Bower Vikki Rarick : Court of Common Pleas : Cumberland County v. Joshua Bower •• : 2014-2464 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: r -r; r7 -nrc: 371 CD -0 G -n j'1 y -s Kindly substitute the attached verification of the Defendant, Joshua L. Bower, for that of counsel, with respect to Defendant's Answer with New Matter to Plaintiffs Complaint. Law Offices of Hubshman, Flood & Bullock By: w44.,k4,_ `J14°j` `41`'• Joseph A. Juliana, Esquire Attorney for Defendant VERIFICATION I, Joshua L. Bower, aver that I am the defendant in this ease and aver that the answers contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief and that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section '4904 relating to Unsworn Falsification to Authorities. /d,P:gh Date Joshua L. Bower Law Offices of Hubshman, Flood & Bullock By: Joseph A. Juliana, Esquire Attorney ID #59523 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4979 Our File #124720468-001 Attorney for Defendant, Joshua L. Bower Vikki Rarick : Court of Common Pleas : Cumberland County v. Joshua Bower : 2014-2464 CERTIFICATE OF SERVICE I, Joseph A. Juliana, attorney for Defendant, Joshua L. Bower, hereby certify that I caused a true and correct copy of Praecipe to Substitute Verification to be mailed this date by First Class, U.S. Mail, postage prepaid, to the following: Andrew Spears, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000/(717) 233-3029 (F) Law Offices of Hubshman, Flood & Bullock By: Date: 11/17/2014 ?rt....,„ Joseph A. Juliana, Esquire Attorney for Defendant Andrew C. Spears Attorney ID# 87737 HANDLER, MENN|NGVkROSENBERG,LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VIKKI RARICK, Plaintiff(s) 2014-2464 v. Civil Action - Law JOSHUA BOWER, Defendant(s) WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance and the appearance of Handler, Henning & Rosenberg on behalf of Plaintiff, Vikki Rarick, in connection with the above matter. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: �r Andrew C.SpEsquire iD.#87737 1300 Linglestown Road Harrisburg, PA 17110 (717)238-2000 Attorney for Plaintiff VIKKI RARICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : 2014-2464 CIVIL TERM JOSHUA BOWER, Defendant IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 10th day of December, 2.014, this being the time and place set for hearing on the Defendant's Motion For Sanctions for failure to comply with the court order directing discovery, and upon consideration that the plaintiff has failed to appear at the hearing, that plaintiff's counsel has withdrawn from the matter for failure of the plaintiff to maintain contact with him, (See Order of Court November 25, 2014) and that no new counsel has appeared on her behalf, IT IS HEREBY ORDERED AND DIRECTED that this complaint is dismissed with prejudice. By the Court, M. Vikki Rarick, Plaintiff c"-) 310 Cherry Street 7 ..- -- St, Clair, Pa. 17970 -ID o ;- Joseph A. Juliana, Esquire cor-- --;` Suite 200 `� 41._.a 5165 Campus Dr., r--- —_,_ Plymouth Meeting, Pa. 19462 <c-', c�>-s For the Defendant z_ ci 0.9 -4 :mtf 04, te..c 1104 LEL 1?/' 7//y