Loading...
HomeMy WebLinkAbout14-3652 r Supreme Cou o. ennsylvania COUr E<C4I1 collo r Pleas For Prothonotary Use Only: Cit CoverSh` et p; Docket No: Cu. ld=� /" County t'zfn The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint n Writ of Summons ® Petition Transfer from Another Jurisdiction ® Declaration of Taking E C. Lead Plaintiff's Name: Lead Defendant's Name: Elizabeth Rae Brooks Annette J. Eyer T Dollar Amount Requested: nwithin arbitration limits I Are money damages requested? El Yes D No (check one) [Routside arbitration limits O N Is this a Class Action Suit? n Yes x; No Is this an MDJAppeal? 0 Yes X11 No A Name of Plaintiff/Appellant's Attorney: Alfred J. Falcione, Esquire Check here if you have no attorney(are a Self-Represented (Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS n Intentional 0 Buyer Plaintiff Administrative Agencies ® Malicious Prosecution 0 Debt Collection:Credit Card n Board of Assessment E3 Motor Vehicle ® Debt Collection:Other ® Board of Elections Nuisance ® Dept.of Transportation S Premises Liability ® Statutory Appeal:Other Product Liability(does not include ,Hass tort) Discrimination Employment Dispute: E n Slander/Libel/Defamation Discrimination ® C n Other: Employment Dispute:Other 0 Zoning Board � Other: ,I, I Other: O MASS TORT rA Asbestos N Tobacco ® Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 13 Toxic Waste ® Ejectment r1J Common Law/Statutory Arbitration B ® Other: � Eminent Domain/Condemnation nj Declaratory Judgment 0 Ground Rent n Mandamus 0 Landlord/Tenant Dispute ®Non-Domestic Relations n Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial 17 Quo Warranto © Dental ® Partition M Replevin 1I Legal n Quiet Title Other: n Medical ® Other: 1-] Other Professional: Updated 1/1/2011 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support,Rules 1910.1 et seq. (iii) actions for custody,partial custody and visitation of minor children,Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) ' The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. FLYNN & ASSOCIATES, P.C. BY: Alfred J. Falcione, Esquire I . D. #71386 2091 Springdale Road / Suite 2 MAJOR/JURY ;� (856)Cherry66916100J 08003 t )� ft� r► #� br, Attorneys for Plaintiff (s) Plaintiff (s) COURT OF COMMON PLEAS F' �C`' h'U COUNTY OF CUMBERLAND NS%C'y/qNI�'����"'` ELIZABETH RAE BROOKS 41 Church Street Windsor, Virginia 23497 CIVIL ACTION and • VICTORIA BROOKS 41 Church Street TERM Windsor, Virginia 23497 SQ� N0. VS . Defendant (s) ANNETTE J. EYER 4002 Pamay Drive Mechanicsburg, Pennsylvania 17050 COMPLAINT- CIVIL ACTION 2V-Motor Vehicle Accident NOTICE AVISO You have been sued in court. If Le han demandado a usted en la you wish to defend against the claims corte. Si usted quiere defenderse de set forth in the following pages, you estas demandas expuestas en las paginas must take action within twenty (20) siguientes, usted tiene veinte (20) dias days after this complaint and notice de plazo al partir de la fecha de la are served, by entering a written demanda y la notificacion. Hace falta appearance personally or by attorney asentar una comparencia escrita o en and filing in writing with the court persona o con un abogado y entregar a la your defenses or objections to the corte en forma escrita sus defensas o claims set forth against you. You are sus objeciones a las demandas en contra warned that if you fail to do so the de su persona. Sea avisado que si usted case may proceed without you and a no se defiende, la corte tomara medidas judgment may be entered against you by y puede continuar la demanda en contra the court without further notice for suya sin previo aviso o notificacion. amy money claimed in the complaint or Ademas, la corte puede decidir a favor for any other claim or relief del demandante y requiere que usted requested by the plaintiff. You may cumpla con todas las provisiones de esta lose money or property or other rights demanda. Usted puede perder dinero o sus important to you. propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LLEVE ESTA DEMANDA A UN ABOGADO LAWYER OR CANNOT AFFORD ONE, GO TO OR INMEDIATAMENTE. SI NO TIENE ABOGADO O SI TELEPHONE THE OFFICE SET FORTH BELOW NO TIENE EL DINERO SUFICIENTE DE PAGAR TO FIND OUT WHERE YOU CAN GET LEGAL TAL SERVICO, VAYA EN PERSONA O LLAME POR HELP. TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR Cumberland County Bar Association DONDE SE PUEDE CONSEGUIR ASISTENCIA Lawyer Referral Service LEGAL. 2 Liberty Avenue Carlisle, Pennsylvania 17013 Asociacion De Licenciados De Cumberland Telephone: (800) 990-9108 Servicio de Referencia para Abogados 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telefono: (800) 990-9108 a FLYNN & ASSOCIATES, P.C. BY: Alfred J. Falcione, Esquire I . D. #71386 2091 Springdale Road / Suite 2 MAJOR/JURY Cherry Hill, NJ 08003 (856) 669-6100 Attorneys for Plaintiff (s) Plaintiff (s) COURT OF COMMON PLEAS COUNTY OF CUMBERLAND ELIZABETH RAE BROOKS 41 Church Street Windsor, Virginia 23497 CIVIL ACTION and VICTORIA BROOKS 41 Church Street TERM Windsor, Virginia 23497 NO. VS. Defendant (s) ANNETTE J. EYER 4002 Pamay - Drive Mechanicsburg, Pennsylvania 17050 COMPLAINT - CIVIL ACTION 2V-Motor Vehicle Accident Now comes the plaintiffs, Elizabeth Rae Brooks and Victoria Brooks, by their attorney, Alfred J. Falcione, Esquire and files within Complaint. 1 . Plaintiff, Elizabeth Rae Brooks, is a citizen of the Commonwealth of Virginia, residing at 41 Church Street, Windsor, Virginia 23497 . 2 . Plaintiff, Victoria Brooks, is a citizen of the Commonwealth of Virginia, residing at 41 Church Street, - Windsor, Virginia 23497 . 3. At. all times material hereto, plaintiff, Elizabeth Rae Brooks, was the operator of the 2003, Jeep, VIN #1J4GL48K83W669762, VA plate #OHYAHH, which vehicle was involved in the collision hereinafter described. 4 . At all times material hereto, plaintiff, Victoria Brooks, was the passenger in the 2003, Jeep, VIN 41J4GL48K83W669762, VA plate #OHYAHH, which vehicle was involved in the collision hereinafter described. 5. Defendant, Annette J. Eyer, is a citizen of the Commonwealth of Pennsylvania residing at 4002 Pamay Drive, Mechanicsburg, Pennsylvania 17050 . 6. At all times material hereto, defendant, Annette J. Eyer, as the . operator and owner of a 2005, Chevrolet, VIN #1GNEK13T95R225149, PA plate #FVX1476, which vehicle was involved in the collision hereinafter described. 7 . On or about June 22, 2012, in the County of Currituck, State of North Carolina, Plaintiffs, Elizabeth Rae Brooks and Victoria Brooks, were stopped northbound on NC 168 from SR 1229 . Defendant, Annette J. Eyer' s. carelessly and negligently failed to stop her vehicle striking the vehicle behind Plaintiff which vehicle then violently struck Plaintiff' s vehicle. As a sole and direct result of defendant' s negligence, plaintiffs sustained serious, painful and permanent injuries the exact nature and extent of which will be more particularly described herein after. COUNT ONE Elizabeth Rae Brooks vs. Annette J. Eyer 8 . Plaintiff incorporates by reference the averments set forth in number one through nine. 9 . At the aforesaid time and place, due to the negligence of the defendants, an accident occurred, causing plaintiff, Elizabeth Rae Brooks, to sustain severe, painful and permanent injuries the exact nature and extent of which will be more particularly described hereinafter. 10 . At the aforesaid time and place, defendant did operate; control, police, supervise and maintain her motor vehicle in such a negligent and careless manner, so as to cause a collision with another vehicle, causing the injuries and damages hereinafter set forth. 11. The accident was caused solely by the negligence and carelessness of the defendant, individually, jointly and/or .severally, and consisted of, but was not necessarily limited to the following: (a) Operating her vehicle at an excessive rate of speed under the circumstances; (b) Failing to keep a proper lookout; (c) Failing to keep an assured clear distance; (d) Failing to stop before a collision occurred; (e) Failing to yield the right of way; (f) Failing to properly monitor, oversee and care for the safety of the Plaintiff; (g) Failing to stop; (h) Failing to have proper and adequate control over said vehicle; (i) Failing to sound a horn or give other warning of the approach of the vehicle; (j ) Being inattentive and failing to maintain a sharp lookout of the road and the surrounding traffic conditions; (k) Failing to maintain her lane of travel; (1) Failing to operate the brakes in such a manner so that -the vehicle could be stopped in time to avoid the collision; (m) Failing to observe due care and caution under the circumstances; and (k) Failing to avoid an accident . 12 . Solely as a result of the aforesaid occurrences, Plaintiff, Elizabeth Rae Brooks, has been rendered sick, sore, lame and prostrate and has sustained multiple bruises and contusions in and about the head, body, back and limbs, injury to the back and neck, resulting in a injury to the muscles, nerves, disks, bones and ligaments connected thereto; and a shock to the nerves and nervous system. Plaintiff has endured and will continue to endure great pain and suffering and/or aggravation of pre-existing conditions . 13 . Plaintiff alleges that all of the aforesaid .injuries are serious and/or permanent in nature and resulted in a serious impairment of a body function as defined in 75 Pa. C. S.A. Sec. 1702 . Plaintiff also makes claims herein for injuries, damages or consequences of which she has no present knowledge. 14 . As a further result of this accident, Plaintiff, Elizabeth Rae Brooks, has been or will be obliged to receive and undergo medical attention and care, and to expend various sums of money and/or to incur expenses for the injuries she has suffered; and she may be obliged to continue to expend such sums for an indefinite period of time in the future. 15 . As a further result of this accident, Plaintiff, Elizabeth Rae Brooks, has suffered a severe loss of her earnings, and impairment of her earning capacity or power for which a claim is hereby made. 16. As a direct and reasonable result of the aforementioned accident, plaintiff has in the past or will in the future incur other financial expenses and/or losses which do or may exceed amounts which plaintiff may otherwise be entitled to recover under contract, or in accordance with the Law. 17 . As a result of the aforementioned accident, and by reason of the injuries, as aforesaid, Plaintiff has in the past and will in the future continue to suffer great pain and agony, mental anguish and humiliation, and has been and will in the future be hindered from attending to her daily duties, functions, avocations and occupations all to Plaintiff' s great damage and loss . 18 . Plaintiff, Elizabeth Rae Brooks, alleges that she has full tort under Pa. MVFRA 75 Pa. C. S.A. 4702 et . seq. , either by way of election and/or by applicable law. WHEREFORE, Plaintiff, Elizabeth Rae Brooks, demands judgment against the Defendant, Annette J. Eyer, individually, jointly and/or severally, in an amount in excess of Fifty Thousand Dollars ($50, 000 . 00) . COUNT TWO Victoria Brooks vs . Annette J. Ever 19. Plaintiff incorporates by reference the averments set forth in number one through eighteen. 20. At the aforesaid time and place, due to the negligence of the defendants, an accident occurred, causing plaintiff, Victoria Brooks, to sustain severe, painful and permanent injuries the exact nature and extent of which will be more particularly described hereinafter. 21 . At the aforesaid time and place, defendant did operate, control, police, supervise and maintain her motor vehicle in such a negligent and careless manner, so as to cause a collision with another vehicle, causing. the injuries and damages hereinafter set forth. e. 22. The accident was caused solely by the negligence and carelessness of the defendant, individually, jointly and/or severally, and consisted of, but was not necessarily limited to the following: (a) Operating her vehicle at an excessive rate of speed under the circumstances; (b) Failing to keep. a proper lookout; (c) Failing to keep an assured clear distance; (d) Failing to stop before a collision occurred; (e) Failing to yield the right of way; (f) Failing to properly monitor, oversee and care for the safety of the Plaintiff; (g) Failing to stop; (h) Failing to have proper and adequate control over said vehicle; (i) Failing to sound a horn or give other warning of the approach of the vehicle; (j ) Being inattentive and failing to maintain a sharp lookout of the road and the surrounding traffic conditions; (k) Failing to maintain her lane of travel; (1) Failing to _operate the brakes in such a manner so that the vehicle could be stopped in time to avoid the collision; (m) Failing to observe due care and caution under the circumstances; and (k) Failing to avoid an accident . 23. Solely as a result of the aforesaid occurrences, Plaintiff, Victoria Brooks, has been rendered sick, sore, lame and prostrate and has sustained multiple bruises and contusions in and about the head, body, back and limbs, injury to the back and neck, resulting in a injury to the muscles, nerves, disks, bones and ligaments connected thereto; and a shock to the nerves and nervous system. Plaintiff has . endured and will continue to endure great pain and suffering and/or aggravation of pre- existing conditions . 24 . Plaintiff alleges .that all of the aforesaid injuries are serious and/or permanent in nature and resulted in a serious impairment of a body function as defined in 75 Pa. C. S .A. Sec. 1702 . Plaintiff also makes claims herein for injuries, damages or consequences of which she has no present knowledge. 25 . As a further result of this accident, Plaintiff, Victoria Brooks, has been or will be obliged to receive and undergo medical attention and care, and to expend various sums of money and/or to incur expenses for the injuries she has suffered; and she may be obliged to continue to expend such sums for an indefinite period of time in the future. 26. As a further result of this accident, Plaintiff, Victoria Brooks, has suffered a severe loss of her earnings, and impairment of her earning capacity or power for which a claim is hereby made. 27 . As a direct and reasonable result of the aforementioned accident, plaintiff has in the past or will in the future incur other financial expenses and/or losses which do or may exceed amounts which plaintiff may otherwise be entitled to recover under contract, or in accordance with the Law. 28 . As a result of the aforementioned accident, and by reason of the .injuries, as aforesaid, Plaintiff has in the past and will in the future continue to suffer great pain and agony, mental anguish and humiliation, and has been and will in the future be hindered from attending to her daily duties, functions, avocations and occupations all to Plaintiff' s great damage and loss. 29. Plaintiff, Victoria Brooks, alleges that she has full tort under Pa. MVFRA 75 Pa. C. S.A. 4702 et. seq. , either by way of election and/or by applicable law. WHEREFORE, Plaintiff, Victoria Brooks, demands judgment against the Defendant, Annette J. Eyer, individually, jointly and/or severally, in an amount in excess of Fifty Thousand Dollars ($50, 000 . 00) . FLYNN & ASSOCIATES, P.C. F BY: ALFRE J. LCIONE, ESQUIRE Attor f . r the Plaintiffs DATED: June 13, 2014 VERIFICATION I, Alfred J. Falcione, Esquire, hereby verify that I am the attorney representing the within named plaintiffs and am authorized to sign this Verification on Plaintiffs' behalf pursuant to 18 Pa. C. S .A. 4904 and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief based upon the information provided to me. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. FLYNN & AS4OCIA P.C. BY: Alfred ione, ESQUIRE Attornehe Plaintiff DATED: June 13, 2014 i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson !1 Sheriff Jody S SmithC" A { Chief Deputy ' '° E Richard W Stewart r l i �C;LA;4D Solicitor G f'EPS l4 S YLVA if l A Elizabeth Rae Brooks (et al.) Case Number vs. Annette J Eyer 2014-3652 SHERIFF'S RETURN OF SERVICE 06/19/2014 07:52 PM-Deputy Shawn Harrison, being duly sworn according to law, served the uested Complaint & Notice by"personally" handing a true copy to a person representingth a to be the Defendant, to wit:Annette J Eyer at 4002 Pamay Drive, Hampden Township, Mecha i sb P 17055. SFUNN H RRI , DEPDV SHERIFF COST: $39.30 SO ANSWERS, 22 June 20, 2014 RONi"(R ANDERSON, SHERIFF .i�t i „herr es� inc. Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com HE 1 9�� JUL -3 AM H: 50 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendant ELIZABETH RAE BROOKS and : IN THE COURT OF COMMON PLEAS OF VICTORIA BROOKS, : CUMBERLAND COUNTY, PENNA. v. ANNETTE J. EYER, Plaintiffs Defendant NO. 14-3652 CIVIL ACTION — LAW PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendant, Annette J. Eyer, captioned action. :637181 Respectfully submitted, NSON, D IE, STEWART & WEIDNER in the above - ey B. ettig, E No. 19616 301 Market Street P 0 Box 109 Lemoyne, PA 17043 jbr@jdsw.com Counsel for Defendant CERTIFICATE OF SERVICE AND NOW, this V day of July, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Alfred J. Falcione, Esquire Flynn & Associates, P.C. 2091 Springdale Road Suite 2 Cherry Hill, NJ 08003 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 1419 effrey B. Rettig Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com ` LO—OF r IL`s OF THE PROTNONQ TAR'1,1- 2014 JUL 1,,2014JUL -8 fMJJ: 07 CUMBERLAND COUNTY PENNS YLYA?d�t Attorneys for De en ELIZABETH RAE BROOKS and : IN THE COURT OF COMMON PLEAS OF VICTORIA BROOKS, : CUMBERLAND COUNTY, PENNA. v. ANNETTE J. EYER, Plaintiffs NO. 14-3652 Defendant CIVIL ACTION – LAW PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, by her attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and files these Preliminary Objections to Plaintiffs' Complaint: I. Plaintiffs' Complaint fails to conform to Rule of Court 1. Plaintiffs' Complaint is verified by Plaintiffs' counsel who claims to have knowledge of the facts set forth in the Complaint "based on the information provided to me." 2. Rule 1024 of the Pennsylvania Rules of Civil Procedure requires that the verification be made by one or more of the parties filing the pleading unless all the parties lack sufficient knowledge or information are outside the jurisdiction of the Court. 3. Plaintiffs' counsel's verification to the Complaint is contrary to the requirements of Rule 1024 and thus fails to conform to Rule of Court. WHEREFORE, Defendant requests that Plaintiffs' Complaint be stricken in the absence of a proper verification. II. Objection regarding lack of specificity 4. At Paragraphs 13 and 24 of Plaintiffs' Complaint, claims are made for "injuries, damages or consequences of which [the Plaintiff] has no present knowledge." 5. Rule 1019(f) requires that averments of special damages "be specifically stated". 6. Plaintiffs' Complaint seeks damages for claims "of which she has no present knowledge." WHEREFORE, Defendant requests that the Complaint be stricken in the absence of a proper verification and, in the alternative band that the allegations in Paragraphs 13 and 24 refer to above be stricken as non-specific. Respectfully submitted, ON, DUFFIE, STEWART & WEIDNER Je Esquire 30 Ma et Street PO Box 109 Lemoyne, PA 17043 jbr@jdsw.com Counsel for Defendant CERTIFICATE OF SERVICE AND NOW, this 7 day of July, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Defendant's Preliminary Objections upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Alfred J. Falcione, Esquire Flynn & Associates, P.C. 2091 Springdale Road Suite 2 Cherry Hill, NJ 08003 Counsel for Plaintiffs OJO- ON, DUFFIE, STEWART & WEIDNER :.ear f. 1eley B. Rettig w FLYNN & ASSOCIATES, P.C. lMlfred J. Falcione, Esquire I `D. #71386 2091 Springdale Road / Suite 2 Cherry Hill, NJ 08003 (856) 669-6100 Attorneys for Plaintiff(s) Plaintiff(s) ELIZABETH RAE BROOKS 41 Church Street Windsor, Virginia 23497 and VICTORIA BROOKS 41 Church Street Windsor, Virginia 23497 vs. Defendant(s) ANNETTE J. EYER 4002 Pamay Drive Mechanicsburg, Pennsylvania 17050 NOTICE MAJOR/JURY . COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL ACTION TERM NO. 1LI-36SP AMENDED COMPLAINT - CIVIL ACTION 2V -Motor Vehicle Accident 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 amy money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (800) 990-9108 AVISO tui DolLt Sul0C- 441e Pv 000 -Tari u `�_ - l CL.yt Wittri s Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Asociacion De Licenciados De Cumberland Servicio de Referencia para Abogados 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telefono: (800) 990-9108 FLYNN & ASSOCIATES, P.C. BY: Alfred J. Falcione, Esquire I.D. #71386 2091 Springdale Road / Suite 2 Cherry Hill, NJ 08003 (856) 669-6100 Attorneys for Plaintiff(s) MAJOR/JURY Plaintiff(s) COURT OF COMMON PLEAS COUNTY OF CUMBERLAND ELIZABETH RAE BROOKS 41 Church Street Windsor, Virginia 23497 CIVIL ACTION and VICTORIA BROOKS 41 Church Street TERM Windsor, Virginia 23497 NO. vs. Defendant(s) ANNETTE J. EYER 4002 Pamay Drive Mechanicsburg, Pennsylvania 17050 AMENDED COMPLAINT - CIVIL ACTION 2V -Motor Vehicle Accident Now comes the plaintiffs, Elizabeth Rae Brooks and Victoria Brooks, by their attorney, Alfred J. Falcione, Esquire and files within Complaint. 1. Plaintiff, Elizabeth Rae Brooks, is a citizen of the Commonwealth of Virginia, residing at 41 Church Street, Windsor, Virginia 23497. 2. Plaintiff, Victoria Brooks, is a citizen of the Commonwealth of Virginia, residing at 41 Church Street, Windsor, Virginia 23497. 3. At all times material hereto, plaintiff, Elizabeth Rae Brooks, was the operator of the 2003, Jeep, VIN #1J4GL48K83W669762, VA plate #OHYAHH, which vehicle was involved in the collision hereinafter described. 4. At all times material hereto, plaintiff, Victoria Brooks, was the passenger in the 2003, Jeep, VIN #1J4GL48K83W669762, VA plate #OHYAHH, which vehicle was involved in the collision hereinafter described. 5. Defendant, Annette J. Eyer, is a citizen of the Commonwealth of Pennsylvania residing at 4002 Pamay Drive, Mechanicsburg, Pennsylvania 17050. 6. At all times material hereto, defendant, Annette J. Eyer, as the operator and owner of a 2005, Chevrolet, VIN #1GNEK13T95R225149, PA plate #FVX1476, which vehicle was involved in the collision hereinafter described. 7. On or about June 22, 2012, in the County of Currituck, State of North Carolina, Plaintiffs, Elizabeth Rae Brooks and Victoria Brooks, were stopped northbound on NC 168 from SR 1229. Defendant, Annette J. Eyer's carelessly and negligently failed to stop her vehicle striking the vehicle behind Plaintiff which vehicle then violently struck Plaintiff's vehicle. As a sole and direct result of defendant's negligence, plaintiffs sustained serious, painful and permanent injuries the exact nature and extent of which will be more particularly described herein after. COUNT ONE Elizabeth Rae Brooks vs. Annette J. Eyer 8. Plaintiff incorporates by reference the averments set forth in number one through nine. 9. At the aforesaid time and place, due to the negligence of the defendants, an accident occurred, causing plaintiff, Elizabeth Rae Brooks, to sustain severe, painful and permanent injuries the exact nature and extent of which will be more particularly described hereinafter. 10. At the aforesaid time and place, defendant did operate, control, police, supervise and maintain her motor vehicle in such a negligent and careless manner, so as to cause a collision with another vehicle, causing the injuries and damages hereinafter set forth. 11. The accident was caused solely by the negligence and carelessness of the defendant, individually, jointly and/or severally, and consisted of, but was not necessarily limited to the following: (a) Operating her vehicle at an excessive rate of speed under the circumstances; (b) Failing to keep a proper lookout; (c) Failing to keep an assured clear distance; (d) Failing to stop before a collision occurred; (e) Failing to yield the right of way; (f) Failing to properly monitor, oversee and care for the safety of the Plaintiff; (g) Failing to stop; (h) Failing to have proper and adequate control over said vehicle; (i) Failing to sound a horn or give other warning of the approach of the vehicle; (j) Being inattentive and failing to maintain a sharp lookout of the road and the surrounding traffic conditions; (k) Failing to maintain her lane of travel; (1) Failing to operate the brakes in such a manner so that the vehicle could be stopped in time to avoid the collision; (m) Failing to observe due care and caution under the circumstances; and (k) Failing to avoid an accident. 12. Solely as a result of the aforesaid occurrences, Plaintiff, Elizabeth Rae Brooks, has been rendered sick, sore, lame and prostrate and has sustained multiple bruises and contusions in and about the head, body, back and limbs, injury to the back and neck, resulting in a injury to the muscles, nerves, disks, bones and ligaments connected thereto; and a shock to the nerves and nervous system. Plaintiff has endured and will continue to endure great pain and suffering and/or aggravation of pre-existing conditions. 13. Plaintiff alleges that all of the aforesaid injuries are serious and/or permanent in nature and resulted in a serious impairment of a body function as defined in 75 Pa. C.S.A. Sec. 1702. 14. As a further result of this accident, Plaintiff, Elizabeth Rae Brooks, has been or will be obliged to receive and undergo medical attention and care, and to expend various sums of money and/or to incur expenses for the injuries she has suffered; and she may be obliged to continue to expend such sums for an indefinite period of time in the future. 15. As a further result of this accident, Plaintiff, Elizabeth Rae Brooks, has suffered a severe loss of her earnings, and impairment of her earning capacity or power for which a claim is hereby made. 16. As a direct and reasonable result of the aforementioned accident, plaintiff has in the past or will in the future incur other financial expenses and/or losses which do or may exceed amounts which plaintiff may otherwise be entitled to recover under contract, or in accordance with the Law. 17. As a result of the aforementioned accident, and by reason of the injuries, as aforesaid, Plaintiff has in the past and will in the future continue to suffer great pain and agony, mental anguish and humiliation, and has been and will in the future be hindered from attending to her daily duties, functions, avocations and occupations all to Plaintiff's great damage and loss. 18. Plaintiff, Elizabeth Rae Brooks, alleges that she has full tort under Pa. MVFRA 75 Pa. C.S.A. 4702 et. seq., either by way of election and/or by applicable law. WHEREFORE, Plaintiff, Elizabeth Rae Brooks, demands judgment against the Defendant, Annette J. Eyer, individually, jointly and/or severally, in an amount in excess of Fifty Thousand Dollars ($50,000.00). COUNT TWO Victoria Brooks vs. Annette J. Eyer 19. Plaintiff incorporates by reference the averments set forth in number one through eighteen. 20. At the aforesaid time and place, due to the negligence of the defendants, an accident occurred, causing plaintiff, Victoria Brooks, to sustain severe, painful and permanent injuries the exact nature and extent of which will be more particularly described hereinafter. 21. At the aforesaid time and place, defendant did operate, control, police, supervise and maintain her motor vehicle in such a negligent and careless manner, so as to cause a collision with another vehicle, causing the injuries and damages hereinafter set forth. 22. The accident was caused solely by the negligence and carelessness of the defendant, individually, jointly and/or severally, and consisted of, but was not necessarily limited to the following: (a) Operating her vehicle at an excessive rate of speed under the circumstances; (b) Failing to keep a proper lookout; (c) Failing to keep an assured clear distance; (d) Failing to stop before a collision occurred; (e) Failing to yield the right of way; (f) Failing to properly monitor, oversee and care for the safety of the Plaintiff; (g) Failing to stop; (h) Failing to have proper and adequate control over said vehicle; (i) Failing to sound a horn or give other warning of the approach of the vehicle; (j) Being inattentive and failing to maintain a sharp lookout of the road and the surrounding traffic conditions; (k) Failing to maintain her lane of travel; (1) Failing to operate the brakes in such a manner so that the vehicle could be stopped in time to avoid the collision; (m) ,Failing to observe due care and caution under the circumstances; and (k) Failing to avoid an accident. 23. Solely as a result of the aforesaid occurrences, Plaintiff, Victoria Brooks, has been rendered sick, sore, lame and prostrate and has sustained multiple bruises and contusions • in and about the head, body, back and limbs, injury to the back and neck, resulting in a injury to the muscles, nerves, disks, bones and ligaments connected thereto; and a shock to the nerves and nervous system. Plaintiff has endured and will continue to endure great pain and suffering and/or aggravation of pre- existing conditions. 24. Plaintiff alleges that all of the aforesaid injuries are serious and/or permanent in nature and resulted in a serious impairment of a body function as defined in 75 Pa. C.S.A. Sec. 1702. 25. As a further result of this accident, Plaintiff, Victoria Brooks, has been or will be obliged to receive and undergo medical attention and care, and to expend various sums of money and/or to incur expenses for the injuries she has suffered; and she may be obliged to continue to expend such sums for an indefinite period of time in the future. 26. As a further result of this accident, Plaintiff, Victoria Brooks, has suffered a severe loss of her earnings, and impairment of her earning capacity or power for which a claim is hereby made. 27. As a direct and reasonable result of the aforementioned accident, plaintiff has in the past or will in the future incur other financial expenses and/or losses which do or may exceed amounts which plaintiff may otherwise be entitled to recover under contract, or in accordance with the Law. 28. As a result of the aforementioned accident, and by reason of the injuries, as aforesaid, Plaintiff has in the past and will in the future continue to suffer great pain and agony, mental anguish and humiliation, and has been and will in the future be hindered from attending to her daily duties, functions, avocations and occupations all to Plaintiff's great damage and loss. 29. Plaintiff, Victoria Brooks, alleges that she has full tort under Pa. MVFRA 75 Pa. C.S.A. 4702 et. seq., either by way of election and/or by applicable law. WHEREFORE, Plaintiff, Victoria Brooks, demands judgment against the Defendant, Annette J. Eyer, individually, jointly and/or severally, in an amount in excess of Fifty Thousand Dollars ($50,000.00). FLYNN & OCIATES, P.C. BY: DATED: July 14, 2014 . FALCIONE, ESQUIRE for the Plaintiffs 6/13/2014 11:14 AM FROM: Flynn Associates Flynn _Associates, P.C. TO: 1-757-456-0002 PAGE: 003 OF 003 VERIFICATION I, Victoria Brooks, certify that I am the within named plaintiff and that the facts set forth in the foregoing Complaint are true and orrect to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn 1 falsifications to authorities. DATED: 1 1 j�v\CA VICTORIA BROOKS / '41 6/13/2014 11:14 AM FROM: Flynn Associates Flynn _Associates, P.C. TO: 1-757-456-0002 PAGE: 002 OF 003 VERIFICATION I, Elizabeth Rae Brooks, certify that I am the within named plaintiff and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904. relating to unsworn falsifications to authorities. b7 ATEO; /ge//t/ ABETH RAE BROSKS Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com ELIZABETH RAE BROOKS and VICTORIA BROOKS, Plaintiffs v. ANNETTE J. EYER, Defendant v. ELIZABETH RAE BROOKS, Additional Defendant Ear PROTHONOTARY ttAUG —3 /Hfi 39 CUMBERLAND COUNTY Y PENNSYLVANIA Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-3652 CIVIL ACTION — LAW NOTICE TO DEFEND TO: Elizabeth Rae Brooks c/o Alfred J. Falcione, Esquire 2091 Springdale Road, Suite 2 Cherry Hill, NJ 08003 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 of 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 Telephone: (717) 249-3166 (800) 990-9108 Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant ELIZABETH RAE BROOKS and : IN THE COURT OF COMMON PLEAS OF VICTORIA BROOKS, : CUMBERLAND COUNTY, PENNA. Plaintiffs NO. 14-3652 v. ANNETTE J. EYER, Defendant v. ELIZABETH RAE BROOKS, Additional Defendant NOTICE TO PLEAD To: Plaintiffs c/o Alfred J. Falcione, Esquire 2091 Springdale Road, Suite 2 Cherry Hill, NJ 08003 CIVIL ACTION — LAW You are hereby notified to file a written response to the enclosed Defendant's Answer to Plaintiffs' Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Jo- nso , Duffi- St=yx rt & Weidner Aier4 Je rey B. Rettig ' :quire Attorney for D: -' dant Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant ELIZABETH RAE BROOKS and : IN THE COURT OF COMMON PLEAS OF VICTORIA BROOKS, : CUMBERLAND COUNTY, PENNA. Plaintiffs NO. 14-3652 v. ANNETTE J. EYER, Defendant v. ELIZABETH RAE BROOKS, Additional Defendant CIVIL ACTION — LAW DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFFS' AMENDED COMPLAINT and JOINDER AND NOW comes the Defendant, Annette J. Eyer, by her attorneys, Johnson, Duffie, Stewart & Weidner, and answers Plaintiffs' Amended Complaint as follows: 1-2. It is admitted that the Plaintiffs are who they say they are. As to the balance of the allegations of these paragraphs, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 3-4. On information and belief, these allegations are admitted. 5. Admitted. 6. Admitted. 7. Denied as stated. It is admitted that the accident occurred on or about June 22, 2012 in the county and state as alleged. It is admitted that the front of Defendant's vehicle came in contact with the rear of a vehicle operated by Tre Thomas who had cut in front of the Defendant moments before the impact occurred. The allegations of negligence on the part of the Defendant are denied pursuant to Pa.R.C.P. 1029. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. COUNT I Elizabeth Brooks v Annette Ever 8. The answers to paragraphs 1 through 7 above are incorporated herein by reference thereto. 9. Denied. The allegation of negligence on the part of the Defendant is denied as a conclusion of law. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 10. Denied. This allegation is a conclusion of law to which no reply is required. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 11. Denied pursuant to Pa.R.C.P. 1029. 12-17. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 18. Denied as a conclusion of law. WHEREFORE, Defendant requests that Count I of Plaintiffs' Complaint be dismissed without cost to her. COUNT II Victoria Brooks v Annette J. Ever 19. The answers to paragraphs 1 through 18 above are incorporated herein by reference thereto. 20. Denied. The allegation of negligence is denied as a conclusion of law. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 21. Denied. The allegations of negligence against the Defendant are denied as conclusions of law. 22. Denied. These allegations are denied pursuant to Pa.R.C.P. 1029. 23-28. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 29. Denied. This allegation represents a conclusion of law to which no reply is required. WHEREFORE, Defendant requests that Count II of Plaintiffs' Complaint be dismissed without cost to her. NEW MATTER PURSUANT TO Pa.R.C.P. 1031.1 Annette J. Eyer v Elizabeth Rae Brooks 30. On information and belief, moments prior to her vehicle being struck by the vehicle operated by Mr. Thomas, Plaintiff, Elizabeth Rae Brooks, swerved and brought her vehicle to a quick stop. 31. This accident was caused by the negligence and carelessness of Elizabeth Brooks, including, but not limited to, the following respects: (a) Operating her vehicle at an excessive rate of speed such as to require her to bring the vehicle to a sudden stop; (b) Bringing her vehicle to a sudden stop without giving notice to other vehicles on the roadway; (c) Failing to keep a proper look -out for vehicles ahead; (d) Failing to have proper and adequate control over her vehicle; (e) Being inattentive to the road conditions and surrounding traffic; and (f) Failing to observe due care and caution under the circumstances. 32. Solely as a result of the aforesaid negligence on the part of Elizabeth Brooks, her vehicle was struck in the rear by the vehicle operated by Mr. Thomas. WHEREFORE, in the event that Defendant is found liable to Plaintiff Victoria Brooks, which liability is expressly denied, then the Additional Defendant Elizabeth Rae Brooks is solely liable, jointly liable, liable over to or liable for contribution on the causes of action pled by Victoria Brooks. NEW MATTER 33. Moments before the accident occurred, the vehicle operated by Tre Thomas swerved into the lane of travel occupied by the Defendant's vehicle. 34. After maneuvering into Defendant's lane of travel, the vehicle operated by Tre Thomas suddenly and abruptly slowed down. 35. Due to the sudden emergency occasioned by the conduct of Defendant Thomas, Defendant was unable to stop before impacting the rear of Thomas' vehicle. 36. This accident was caused by the negligence of Tre Thomas and/or Elizabeth Brooks and not by any acts or omissions on the part of the Defendant. 37. Plaintiffs' claims are or may be barred by the applicable statute of limitations. 38. Plaintiffs' claims are barred or reduced by virtue of the Pennsylvania Motor Vehicle Financial Responsibility Act, the limitations of which are incorporated herein by reference thereto. 39. The claims of Elizabeth Brooks are barred due to her contributory negligence. 40. Plaintiffs have or, may have failed to mitigate their damages. WHEREFORE, Defendant requests that Plaintiffs' Complaint be dismissed without cost to her. Respectfully submitted, J• S•V, DU 41,,Pars rey B. ' ettig I. D. No. 19616 301 Market Street P 0 Box 109 Lemoyne, PA 17043 jbr@jdsw.com Counsel for Defendant ART & WEIDNER • :641222 VERIFICATION 1, Annette !Eyer, hereby acknowledge that I have read the foregoing Answer to Plaintiffs' Complaint; and that the facts stated thereinare true and correct to the best of my knowledge,. information and belief, understand that any false, statements herein are madesubject to penalties of 18 Pa. S. §4904, relating to unsworn 'falsification to authorities. DATE: By, Annette Eyer CERTIFICATE OF SERVICE AND NOW, this (4 day of August, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer and New Matter to Plaintiffs' Amended Complaint and Joinder upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Alfred J. Falcione, Esquire Flynn & Associates, P.C. 2091 Springdale Road Suite 2 Cherry Hill, NJ 08003 Counsel for Plaintiffs JOHNSON, DUFFIE, S ART & WEIDNER ey B. Rettig Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com J - ' ICE 'FCTH0NOTAR 'I' SEP 10 AP.111: 33 C!iMBi_RLAND COUNTY PEtr'NS YLV ttorneys for Defendant ELIZABETH RAE BROOKS VICTORIA BROOKS, Plaintiffs v. ANNETTE J. EYER, Defendant v. ELIZABETH RAE BROOKS, Additional Defendant and : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-3652 CML ACTION — LAW DEFENDANT ANNETTE J. EYER'S MOTION TO COMPEL PLAINTIFFS' ANSWERS TO DISCOVERY AND EXECUTED AUTHORIZATIONS AND NOW comes Defendant Annette J. Eyer, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who files this Motion to Compel Plaintiffs to provide full, complete and verified Answers to Defendant's Interrogatories, full and complete responses to Defendant's Request for Production of Documents and executed authorizations for procurement of medical and employment records, and in support thereof aver: 1. Plaintiffs commenced the above -captioned action by filing a Complaint on or about June 17, 2014. 2. In the Complaint, Plaintiffs allege injuries and damages as a result of a motor vehicle accident that occurred on or about June 22, 2012. 3. By correspondence dated July 17, 2014, Plaintiffs were served with Defendant's Interrogatories and Request for Production of Documents. A copy of the correspondence is attached hereto and marked Exhibit A. 4. Pursuant to Pa.R.C.P. 4006(a)(2), Plaintiffs' answers and objections, if any, to said discovery requests were due on or before August 17, 2014. 5. By correspondence dated August 29, 2014, counsel for Plaintiffs was reminded by counsel for Defendant that Plaintiffs' answers to Interrogatories and responses to Request for Production of Documents were overdue and had not yet been received. Plaintiffs' counsel has not responded to the correspondence. A copy of the correspondence is attached hereto as Exhibit B. 6. By correspondence dated July 24, 2014, Plaintiffs were provided with nine (9) authorizations in order to obtain medical and employment records for both Plaintiffs as Plaintiffs reside, work and received treatment in the state of Virginia. A copy of the correspondence is attached hereto and marked Exhibit C. 7. By correspondence dated August 27, 2014, counsel for Plaintiffs was reminded by counsel for Defendant that Plaintiffs' executed authorizations had not yet been received. Plaintiffs' counsel has not responded to the correspondence. A copy of the correspondence is attached hereto as Exhibit D. 8. The Plaintiffs' failure to respond to written discovery requests is in violation of the Pennsylvania Rules of Civil Procedure and is delaying the progress of this case. 9. The Plaintiffs' failure to provide executed authorizations in order for Defendant to obtain medical and employment records is delaying the progress of this case. 10. To date, Plaintiffs have not provided responses to Defendant's Interrogatories and Request for Production of Documents, and no timely objections have been lodged. 11. To date, Plaintiffs have not provided the executed authorizations. 12. Defendant has in good faith attempted to resolve this discovery dispute without court action. 13. Plaintiffs' attorney has been contacted but has not provided his concurrence/nonconcurrence. 14. Defendant respectfully request this Honorable Court to enter an Order compelling Plaintiffs, Elizabeth Rae Brooks and Victoria Brooks, to provide full and complete answers to Defendant's Interrogatories and Request for Production of Documents and fully executed authorizations or face Rule 4019 sanctions on further motion. 15. Plaintiffs are represented by Alfred J. Falcione, Esquire, 2091 Springdale Road, Suite 2, Cherry Hill, NJ, 08003, telephone (856) 669-6100. 16. Defendant is represented by Jeffrey B. Rettig, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, PO Box 109, Lemoyne, PA 17043, telephone 717-761-4540. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order compelling Plaintiffs to provide full and complete answers to Defendant Annette J. Eyer's Interrogatories and Requests for Production of Documents and fully executed authorizations. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER ig I.D.#196 ket Street Lemoyne, PA 17043 (717) 761-4540 Attorneys for Defendant EXHIBIT "A" R. DUFFIE RICHARD W. STEWART ' EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA P. GREEVY WADE D. MANLEY Alfred J. Falcione, Esquire 2091 Springdale Road, Suite 2 Cherry Hill, NJ 08003 LAW OFFICES OHNSON DUFFIE 1914-2014 July 17, 2014 Re: Elizabeth Rae Brooks and Victoria Brooks v Annette J. Eyer Cumberland County C.C.P. Docket No. 14-3652 Dear Mr. Falcione: BARRIE B. GEHRLEIN W. DARREN POWELL ANTHONY T. LUCIDO CAROLYN B. MCCLAIN JOHN A. LUCY MATTHEW RID LEY KAREN L. MASCIO BRIAN W. CARTER OF COUNSEL HORACE A. JOHNSON C. Roy WEIDNER, IR. WRITER'S E.I7:70. NO. 165. E-IVIATI.,T.BW:.itisv.',corn • Enclosed please find Defendant's Interrogatories and Request for Production of Documents addressed to your clients in the above case. Kindly respond to this discovery within thirty (30) days as required by the Pennsylvania Rules of Civil Procedure. Thank you. JBR:jrs:640002 Enclosure Very truly yours, OHNSON, DUFFIE STEWART & WEIDNER "AY ttig 301 MARKET STREET P.O. BOX 109 LEiVIOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL @JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. EXHIBIT "B" JERRY R. DUFFIE ICHARD W. STEWART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA P. GREEVY WADED. MANLEY Alfred J. Falcione, Esquire 2091 Springdale Road, Suite 2 Cherry Hill, NJ 08003 JOHNSON DUFFIE 1914-2014 July 24, 2014 Re: Elizabeth Rae Brooks and Victoria Brooks v Annette J. Eyer Cumberland County C.C.P. Docket No. 14-3652 Dear Mr. Falcione: BARRIE B. GEHRLEIN W. DARREN POWELL • ANTHONY T. LUCIDO CAROLYN B. MCCLAIN JOHN A. LUCY. MATTHEW RIDLEY KAREN L. IVIASCIO BRIAN W. CARTER OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER, JR. WRITER'S EXT..\C;. 165 E-MAIL. Bt Njd .f.':•?7'1. In order to obtain complete records in the above case, enclosed please find the following authorizations: Victoria Brooks — Nansemond Pediatrics, Orthopaedic & Spine Center, Physical Therapy Works and Buffalo Wild Wings. Kindly provide the proper address for Victoria's employer, Buffalo Wild Wings. Elizabeth Brooks — Riverside Medical Group, Orthopaedic & Spine Center, B. Perez, MD and Nansemond Pediatrics and ResCare. Kindly provide the proper address for Rescare. Kindly have your clients execute the enclosed authorizations and return them to our office so that we may obtain the records. Thank you. JBR:jrs:6415o4 Enclosure Very truly yours, E, STEWART & WEIDNER 301 MARKET STREET P.O. BOX 109 LEMOY:NE, PENNSYLVANIA 17043-0109 \.V\ W JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. DUFFIE RICHARp W STEWART EDMUND G: MYERs DAVID W. DELUCE JOHN A. STATLER JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. C.ASSIDY MELISSA P. GREM' WADE D. MANLEY Alfred J. Falcione, Esquire 2091 Springdale Road, Suite 2 Cherry Hill, NJ 08003 LAW OFFICES JoHNsoN DUFFIE 1914-2014 August 27, 2014 Re: Elizabeth Rae Brooks and Victoria Brooks v Annette J. Eyer Cumberland County C.C.P. Docket No. 14-3652 Dear Mr. Falciorie: On July 29, 2014, we forwarded to you the following authorizations: BARRIE B. GEHRLEIN W. DARREN POW ELL ANTHONY T. LUCIDO CAROLYN B. MCCLAIN JOHN A. LUCY MATTI-IEW RIDLEY KAREN L. MASCIO BRIAN W. CARTER OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER. JR. 'WRITER'S 1 '.`.•-'..No. 1641 Victoria Brooks — Nansemond Pediatrics, Orthopaedic & Spine Center, Physical Therapy Works and Buffalo Wild Wings. Kindly provide the proper address for Victoria's employer, Buffalo Wild Wings. Elizabeth Brooks — Riverside Medical Group, Orthopaedic & Spine Center, B. Perez, MD and Nansemond Pediatrics and ResCare. Kindly provide the proper address for Rescare. Kindly return the executed authorizations to our office by September 8, 2014. JBR:irs:6486o3 Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Re 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. • , JERRY R. DUFFIE • RICHARD W STEWART EDMUND G. MYERS DAVIDW. DELUCE JOHN A. STAT LEE JEFFREY B. REITIG MARK C. DUFFIE JOHN R. NINUSKY MICHAEL J. CASSIDY MELISSA P. GREENY • WADED. MANLEY Alfred J. Falcione, Esquire 2091 Springdale Road, Suite.2 Cherry Hill, NJ 08003 LAW OFFICES OHNSON DUFFIE 1914-20.14 August 29, 2014 Re: Elizabeth Rae Brooks and Victoria Brooks v Annette J. Eyer Cumberland County C.C.P. Docket No. 14-3652 Dear Mr. Falcione: BARRIE B. GEHRLEIN W. DARREN POWELL ANTHONY T. LUCIDO CAROLYN B. MCCLAIN . JOHN A.-LUCY • MATTHEW RIDLEY KAREN L. MASCIO BRIAN W. CARTER OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNERJR. wnrrERfs EXT. NO. E-MAIL alitti?jcisw .corn We have not received your clients' answers to Defendant's Interrogatories and Request for Production of documents forwarded to you on July 17, 2014. Kindly respond to this discovery by September 8, 2014. Thank you. JBR:jrs:64908e Very truly yours, I JOHNSON, DUFFIE, p E ART & WEIDNER 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSW.COM 717.761.4540 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. I 4? • AND NOW, this CERTIFICATE OF SERVICE day of September, 2014, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion to Compel upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: 650275 Alfred J. Falcione, Esquire Flynn & Associates, P.C. 2091 Springdale Road Suite 2 Cherry Hill, NJ 08003 Counsel for Plaintiffs John e , Duffie, Ste a ner By: /te AL Janine Schwalm, Paralegal to Jeffrey B. Rettig, Esquire ELIZABETH RAE BROOKS and : IN THE COURT OF COMMON PLEAS OF VICTORIA BROOKS, CUMBERLAND COUNTY, PENNA. Plaintiffs NO. 14-3652 v. ANNETTE J. EYER, Defendant v. ELIZABETH RAE BROOKS, Additional Defendant. CIVIL ACTION — LAW ORDER FOR MOTION TO COMPEL / AND NOW, this iwIA day of , 2014, upon consideration of Defendant's Motion to Compel Plaintiffs to Answer Discovery and provide executed authorizations, it is hereby Ordered that said Motion is GRANTED. Plaintiffs shall provide full, complete and verified answers to Defendant's Interrogatories and Request for Production of Documents and executed authorizations within . days of this Order. J ec les t'Ect, 4144 kegry. c1/4/ CONNORS LAW, LLP By: Kevin L.Connors, I.D. #52819 Patricia Burns Horn, I.D. # 66603 140 South Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 ELIZABETH RAE BROOKS and VICTORIA BROOKS v. ANNETTE J. EYER v. ELIZABETH RAE BROOKS ATTORNEY FOR ADDITIONAL DEFENDANT Elizabeth Brooks COURT OF COMMON PLEAS. ?, CUMBERLAND COUNTY, P,A No. 14-3652 ENTRY OF APPEARANCE/JURY TRIAL DEMAND TO THE PROTHONOTARY: Kindly enter our appearances as counsel on behalf of Additional Defendant, Elizabeth Rae Brooks with regard to the above -captioned matter. Trial by jury is hereby demanded. By: Date: December 5, 2014 CONNORS LAW, LLP Patricia Burns Horn, Esquire Attorney for Additional Defendant Elizabeth Rae Brooks CONNORS LAW, LLP By: Kevin L.Connors, I.D. #52819 Patricia Burns Horn, I.D. # 66603 140 South Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 ELIZABETH RAE BROOKS and VICTORIA BROOKS v. ANNETTE J. EYER v. ELIZABETH RAE BROOKS ATTORNEY FOR ADDITIONAL DEFENDANT Elizabeth Brooks COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 14-3652 CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the Entry of Appearance/Jury Trial Demand was served by first class mail, postage prepaid, addressed as follows: Alfred J. Falcione, Esquire Flynn & Associates, P.C. 2091 Springdale Road, Suite 2 Cherry Hill, NJ 08003 Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart & Weldner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By: Date: December 5, 2014 CONNORS LAW LLP Patricia Burns Horrn, Esquire Attorney for Additional Defendant, Elizabeth Brooks IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RAE BROOKS and VICTORIA BROOKS, Plaintiffs, v. ANNETTE J. EYER, Defendant. To: Annette J. Eyer c/o Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 NO. 14-3652 CIVIL ACTION - LAW NOTICE OF APPEARANCE COMES NOW the plaintiff, by counsel, and hereby gives notice that William D. Breit enters his appearance herein as counsel for the plaintiff for purposes of all matters relating to this cause of action. William D. Breit, Esq. (PAB# 202635) Breit Law PC 5544 Greenwich Road, Suite 100 Virginia Beach, VA 23462 (757) 456-0333 / (757) 456-0002 — Fax bbreit@breitlawyer.com ELIZABE . 'AND V Of Counsel William D. Breit, Esq. (PAB# 202635) Breit Law PC 5544 Greenwich Road, Suite 100 Virginia Beach, VA 23462 (757) 456-0333 / (757) 456-0002 — Fax bbreit@breitlawyer.com OOKS CERTIFICATE OF MAILING I certify that on this 23rd day of December, 2014, I mailed a true and correct copy of the foregoing Notice of Appearance via U.S. Mail to the following: Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 Alfred J. Falcione, Esquire Flynn & Associates, PC 2091 Springdale Road, Suite 2 Cherry Hill, NJ 08003 William D. Breit, Esq. (PAB # 17814) Breit Law PC 5544 Greenwich Road, Suite 100 Virginia Beach, VA 23462 (757) 456-0333 / (757) 456-0002 — Fax bbreit@breitlawyer.com William D. Breit