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Home My WebLink About14-4272 A% Supreme Court oof�P,ennsylvania Cour't pf,CoIY mo Pleas For Prothonotary Use Only: Civil}C.�o er Sliest ll�r �); b County Docket No: ? Cumberland (4_ 4A19, 0i\111TffM !F , ._ �:✓ 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 0 Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction D Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: Tina Dunn Robert McDowell � T I El Dollar Amount Requested: 0 within arbitration limits Are money damages requested? 0 Yes 0 No (check one) xi outside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff/Appellant's Attorney: Jeffrey C.Wong, Esquire Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not inchide.htdgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle Debt Collection: Other Board of Elections : Nuisance 0 Dept.of Transportation S Premises Liability Statutory Appeal: Other Product Liability(does not include E mass tort) 0 Employment Dispute: Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute:Other 0 Zoning Board ,I, 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste '0—� Other: El Ejectment E] Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation. _E Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute Of Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial Quo Warranto C_; Dental 0 Partition Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical Other: 0 Other Professional: Updated 11112011 r 2 ' CEVALLOS &WONG LLP BY: JEFFREY C. WONG, ESQUIRE I.D. NO.: 86172 40 COURT STREET NEWTOWN, PA 18940 ATTORNEY FOR PLAINTIFF J 215-860-5860 f r TINA DUNN 259 Newville Road, CUMBERLAND COUNTY COURT OF Shippensburg, Pennsylvania 17257 COMMON PLEAS 01VI vs. ('� - a7o� I`Term ROBERT MCDOWELL . - 120 Maranatha Drive Saint Thomas, Pennsylvania 17252 �-;::o r-- tv c `C7 =C �.i_ CIVIL ACTION mac, ca° � NOTICE AVISO You have been sued in court. If you wish to defend against the Le han demandado a usted en la corte. Si usted quiere defendersc de claims set forth in the following pages, you must taken action estas demandas expuestas en las paginas signuientes, usted tiene within twenty(20)days after this complaint and notice are served veinte (20) dias de plazo al partir de la fecha de la demanda y la by entering a written appearance personally or by attorney and notificacion. Hace falta assentar una comparencia escrita o en filing in writing with the court your defense or objections to the persona o con un abogado y entregar a la corte en forma escrita sus claims set forth against you. You are warned that if you fail to do defensas o sus objeciones a las demandas en contra de su persona. so the case may proceed without you and a judgment may be Sea avisado que si usted no se defiende, la courte tomara medidas y entered against you by the court without further notice for any puede continuar la demanda en contra suya sin previo aviso o money claimed in the complaint or for any other claim or relief notificacion. Ademas,la corte puede decidir a favor del demandante y requested by the plaintiff. You may lose money or property or requiere que usted compla con todas las provisiones de esta other rights important to you. demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI ONE. IF YOU DO NOT HAVE A LAWYER OR CANNOT NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA HELP. ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION ASSOCIACION DE LICENDIADOS DE CUMBERLAND LAWYER REFERRAL and INFORMATION SERVICE. SERVICIO DE REFERENCIA E INFORMACION LEGAL 32 S.Bedford Street 32 S.Bedford Street Carlisle,Pennsylvania 17013 Carlisle,Pennsylvania 17013 717-249-3166 717-249-3166 (13.'75 P1) e* 368aiV CEVALLOS &WONG LLP BY: JEFFREY C. WONG, ESQUIRE I.D. NO.: 86172 40 COURT STREET NEWTOWN, PA 18940 ATTORNEY FOR PLAINTIFF 215-860-5860 TINA DUNN 259 Newville Road, CUMBERLAND COUNTY COURT OF Shippensburg, Pennsylvania 17257 COMMON PLEAS vs. ROBERT MCDOWELL 120 Maranatha Drive Saint Thomas, Pennsylvania 17252 CIVIL ACTION 1. Plaintiff, TINA DUNN, is an adult individual who resides at 259 Newville Road, Shippensburg, Pennsylvania 17257. 2. Defendant, ROBERT MCDOWELL, is an adult individual who resides at 120 Maranatha Drive, Saint Thomas, Pennsylvania 17252. 3. At all times material to this Civil Action, Defendant, ROBERT MCDOWELL, acted or failed to act through his agents, servants, workmen and/or employees, who were then and there acting within the course and scope of their employment and in furtherance of Defendant, ROBERT MCDOWELL'S, business. 4. On or about September 10, 2012, at or about 7:00 A.M., Plaintiff, TINA DUNN, was operating a motor vehicle travelling westbound on south Route 11, located in the County of Cumberland, Commonwealth of Pennsylvania. 5. At all times material to this Civil Action, Defendant, ROBERT MCDOWELL, controlled, leased and/or possessed a 2007 Ford Focus registered in the Commonwealth of Pennsylvania, license plate JBC9863 and operated his vehicle on Progress Boulevard. 6. At the aforesaid time and place, Defendant, ROBERT MCDOWELL, acting as aforesaid, so negligently, carelessly and recklessly operated his vehicle on Progress Boulevard, so as to enter Route 11 without yielding to oncoming traffic and to cause it to crash violently into the vehicle being operated by Plaintiff, TINA DUNN, causing the Plaintiff, TINA DUNN, injuries and other losses hereinafter more fully set forth. 7. The negligence, carelessness and recklessness of Defendant, ROBERT MCDOWELL, acting as aforesaid, consisted of the following: (a) Operating his vehicle at an excessive rate of speed under the circumstances; (b) Failing to have his motor vehicle under proper and adequate control; (c) Careless and reckless operating of his motor vehicle; (d) Failing to exercise due care and caution under the circumstances; (e) Failing to keep a proper look out for the other vehicles on the highway; (f) Operating his motor vehicle without due regard for the rights and safety of the Plaintiff; (g) Violations of the pertinent provisions of the Pennsylvania Vehicle Code; (h) Negligence at law. COUNT PLAINTIFF, TINA DUNN VS. DEFENDANT, ROBERT MCDOWELL 8. Plaintiff, TINA DUNN, hereby incorporates by reference all of the allegations contained in paragraphs one (1) through seven (7) as fully as if same were set forth herein. 9. Solely as a result of the negligence, carelessness and recklessness of the Defendant, ROBERT MCDOWELL, acting as aforesaid, Plaintiff, TINA DUNN, was caused to sustain injuries and/or aggravate pre-existing injuries of, but not limited to her bones, joints, muscles, tendons, blood vessels and soft tissues throughout her entire body, she was caused to sustain injuries of, but not limited to, her head, neck, and back, and a severe shock to the nerves and nervous system, all of which said injuries have in the past and will in the future cause Plaintiff, TINA DUNN, great pain and suffering and are serious and permanent in nature. 10. By reason of the aforesaid injuries, Plaintiff, TINA DUNN, has been and probably will in the future be obliged to expend large and various sums of money for medical treatment in an attempt to treat and cure herself of her aforesaid injuries. 11. As a further result of this accident, Plaintiff, TINA DUNN, has been and will be obliged to receive and undergo medical attention and to expend various sums of money or incur various expenses which have exceeded the sum recoverable under the limits in 75 Pa. C.S.A. Section 1711. 12. Plaintiff, TINA DUNN, has lost the wages of her employment. Her earning capacity has been impaired. 13. As a further result of this accident, Plaintiff, TINA DUNN, has sustained property damage and other losses related thereto. WHEREFORE, Plaintiff, TINA DUNN, demands judgment against the Defendant, ROBERT MCDOWELL, in a sum in excess of Fifty Thousand ($50,000.00) Dollars in compensatory damages. CEVALLOS & WONG LLP Atto eys for Plaintiff BY: VERIFICATION I, TINA DUNN, hereby verify that I am the Plaintiff in the foregoing action; that the attached Civil Action is based upon information which I have furnished to my counsel and the information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Civil Action is that of my counsel and is not mine. I have read the Civil Action and to the extent that the information therein is based upon information I have given counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Civil Action are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements made herein are made subject to the penalties of 18 Pa C.S. § 4904 relating to unsworn falsifications to authorities. CEVALLOS & WONG LLP BY: JEFFREY C. WONG, ESQUIRE LD. NO.: 86172 40 COURT STREET NEWTOWN, PA 18940 215-860-5860 ATTORNEY FOR PLAINTIFF TINA DUNN 259 Newville Road, Shippensburg, Pennsylvania 17257 vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 2014-04272 ROBERT MCDOWELL m W rti 120 Maranatha Drive Saint Thomas, Pennsylvania 17252 -<> q--, Zx. b C -I r t 7 PRAECIPE TO REINSTATE CIVIL ACTION ``co TO THE PROTHONOTARY: Kindly reinstate the above -captioned Civil Action so that service can be made on Defendant, ROBERT MCDOWELL. BY: CEVALLOS & WONG LLP Attorneys for Plaintiff ILig44,f cri7L.asvd R� 3/6 1/96 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY „. -F\��FCr`E . �^�AT.��-�Y ��-Acp.`� � ., k` HILI SEP \ \ PM 7: 117 =. . ��ER[AN000U"-Y ~ '—��YiV�N\1\ PENNSYLVANIA Tina Dunn vs. Robert McDowell Case Numbe 2014-4272 SHERIFF'S RETURN OF SERVICE 07/25/2014 Sheriff Ronny R Anderson, being duly sworn accordinto Iaw, states he made diligent search and inquiry for the within named Defendant to wit: Robert McDowell, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint & Notice according to law. 09/08/2014 The Sheriff of Franklin Countybeing duly sworn according to Iaw, states he made diligent search and inquiry for the within named Defendant to wit: Robert N1cDoweU, but was unable to locate the Defendant in his bailiwick. The Franklin County Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at12DYNoronathaDrive, Saint Thomas, PA172582. SHERIFF COST: $37.00 SO ANSWERS, September 08, 2014 RONNYRANDERSON, SHERIFF is.;) CountySuile Sheriff, Toleosoft, SHERIFF'S RETURN - NOT FOUND CASE NO: 2014-00278 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN TINA DUNN VS ROBERT MCDOWELL RANDY D STROBLE , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MCDOWELL ROBERT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT IN CIVIL ACTION, the within named DEFENDANT 120 MARANATHA DRIVE , MCDOWELL ROBERT , NOT FOUND , as to SAINT THOMAS, PA 17252 ONE ATTEMPT; NOTIFICATION CARD LEFT; NO CONTACT; EXPIRED Sheriff's Costs: Docketing Service Affidavit Surcharge .00 . 00 So answers: .00 RANDY STROBLE . 00 DANE MANTHONY, Sheriff . 00 . 00 WONG AND ASSOCIATES 08/27/2014 Sworn and subscribed to before me COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL. RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015 l I 1 , CEVALLOS &WONG LLP a` BY: JEFFREY C. WONG, ESQUIRE 2011i a '` µ I.D. NO.: 86172 40 COURT STREET C(E(„"'nr, NEWTOWN, PA 18940 t is „r ';ATTORNEY FOR PLAINTIFF 215-860-5860 TINA DUNN • 259 Newville Road, : CUMBERLAND COUNTY COURT OF Shippensburg, Pennsylvania 17257 : COMMON PLEAS • • vs. : No.: 2014-04272 ROBERT MCDOWELL • 1351 Folsom Street • San Francisco, CA 94103 • PRAECIPE TO REINSTATE CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the above-captioned Civil Action so that service can be made on Defendant, ROBERT MCDOWELL. CEVALLOS & WONG LLP Attor►-ys for Plaintiff BY: sk) U� ir//75?„ .01 SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson Sheriff CSF THE PRO HONOTA IV1 „:yp� v-IfYpiJrmr. Jody S Smith Chief Deputy Richard W Stewart Solicitor 5! OF.G;t, E QF THE' Sf`ERIF 2014 OCT I 3 AM ID: 06 CUMBERLAND COUNTY PENNSYLVANIA Tina Dunn vs. Robert McDowell Case Number 2014-4272 SHERIFF'S RETURN OF SERVICE 09/11/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robert McDowell, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint & Notice according to law. 09/30/2014 08:09 AM - The requested Complaint & Notice served by the Sheriff of Franklin County upon Linda McDowell, Mother, who accepted for Robert McDowell, at 120 Maranatha Drive, Saint Thomas, PA 172582. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, October 07, 2014 RONNY R ANDERSON, SHERIFF (c) CourtySuite Shsrif, T osof, n Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFF; CEO CUMBERLAND COUNTY a01.? at Eumora fano s. OFFICE OF THE SHERIFF Richard W Stewart Solicitor N ti N 1 0 MCDOWELL, ROBERT Tina Dunn vs. Robert McDowell Case Number 2014-4272 SERVICE COVER SHEET [Service Details: Category: Manner: Notes: Civil Action - Complaint & Notice Deputize Zone: Expires: 10/02/2014 Warrant: [Serve To: Name: Primary Address: Phone: Alternate Address: Phone: Robert McDowell 120 Maranatha Drive Saint Thomas, PA 172582 DOB: [Final Service: Served: Personally • Adult In Charge Posted • Other Adult In Charge: Relation: Date: Deputy: do2,f2a( Time: Mileage: [Attorney / Originator: Name: Wong & Associates, LLC. [Service Attempts: Date: Time: Mileage: Deputy: Phone: 215-860-5860 5 [Notes / Special Instructions: SEP 1 5 2014 N. Now, September 11, 2014 I, Sheriff of Cumberland County, Pennsylvania do hergpy,�dfi'�C/ l§e iFeriff SIEFor rranklin County tc execute service of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 c) CountySu to Sheriff. Teleosott. Inc. Ronny R Anderson, Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2014-00326 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN TINA DUNN VS ROBERT MCDOWELL ANGEL LAVIENA , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon MCDOWELL ROBERT the DEFENDANT , at 0809:00 Hour, on the 30th day of September, 2014 at 120 MARANATHA DRIVE SAINT THOMAS, PA 17252 by handing to LINDA MCDOWELL a true and attested copy of COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 So Answers: ANGE By .00 D uty Sheriff .00 10/02/2014 WONG AND ASSOCIATES LLC Sworn and Subscribed to before COMMONWEALTH. OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expim$ Jan. 99 901.5 Law Offices of Hubshman, Flood&Bullock By: Luisa F Borelli,Esquire Attorney ID#91620 5165 Campus Drive,Suite 200 Attorney for Defendant Plymouth Meeting,PA 19462 Robert M.McDowell Telephone#(610) 276-4962 Luisa_F_Borelli@Progressive.com , - Our File#123542218-001 = I TINA DUNN : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. • ROBERT MCDOWELL • : 2014-4272 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Robert M. McDowell, in the above-captioned matter. Law Offices of Hubshman, Flood&Bullock By: Cf-49-udg: uisa F Borelli, Esquire Attorney for Defendant CEVALLOS & WONG LLP BY: JEFFREY C. WONG, ESQUIRE ID. NO.: 86172 40 COURT STREET NEWTOWN, PA 18940 215-860-5860 ATTORNEY FOR PLAINTIFF TINA DUNN 259 Newville Road, Shippensburg, Pennsylvania 17257 vs. ROBERT MCDOWELL 120 Maranatha Drive Saint Thomas, Pennsylvania 17252 CUMBERLAND COUNTY COURT F:i_iiiii., COMMON PLEAS c--) = No.: 2014-04272 cf.) r— < CO = ...„, = C) •••-- e--, 5 c 1:-.) . I 1 ; --4 • , - .„ —1 4"'" , 0 ...,,,,, AFFIDAVIT OF SERVICE JEFFREY C. WONG, ESQUIRE, being duly sworn according to law, deposes and says that a true and correct copy of Civil Action in the above -captioned matter, was served upon Defendant, ROBERT MCDOWELL, on October 8, 2014 via Certified Mail/Return Receipt Requested. A copy of the correspondence and green card are attached hereto and marked as Exhibit "A". BY: Dated: October 14, 2014 CEVALLOS & WONG LLP Attorneys for Plaintiff PLEASE REPLY TO THE NEWTOWN OFFICE NEWTOWN OFFICE: 40 COURT STREET NEWTOWN,PA 16940 TEL: (215) 860-5860 FAx: (215) 8606062 PHILADELPHIA OFFICE: 1420 WALNUT STREET, STE. 1012 PHILADELPHIA, PA 19102 CEVALLOS & WONG L ATTORNEYS AND COUNSELORS AT LAW FIRM WEB SITE: W W W.0 EVALLOSW ONG,COM SENDER'S E-MAIL: JEFF@ CEVALLOSW ONG.COM September 29, 2014 Via Certified Mail/Return Receipt Requested Mr. Robert McDowell. 1351 Folsom Street San Francisco, CA 94103 Dear Mr. McDowell: DANIEL L. CEVALLOS 'I' • ti`I.' 0 ELISSA B. HEINRICHS 'F t JEFFREY C. WONG 4 • ADMITTED TO PRACTICE: 4. COMMONWEALTH OF PENNSYLVANIA • STATE OF NEW JERSEY t STATE OF NEW YORK 3.1- U.S. VIRGIN ISLANDS 0 U.S. DIST. CT. PUERTO RICO RE: Tina Dunn vs. Robert McDowell CCP, Cumberland County No.: 2014-04272 Enclosed please find a copy of a Civil. Action which has been filed against you. 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 Civil Action and notice are served, by entering written appearance personally or by attorney filing in writing with the court your defenses or objections to theclaims 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 Civil Action 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 offices set forth below to find out where you can get legal help. JC W/bnclosure s San Francisco Bar Association 301 Battery Street, Third Floor San Francisco, California 94111 (415) 982-1600 Very Truly Yours, CEVALLOS & WONG LLP BY: JEFFREY C. WONG Eihibtl. A" • SENDER: COMPLETE THIS SECTION ■ +Ot)Ftn tete items 1, 2, and 3: Also complete Itgm 4 If Restricted Delivery is desired. ■ Piiiht your, rtalne. and address on the reverse ! o� atiOttiq return the card to you. td to the back of the mallpiece, .ott if space permits. 1. Article•Addressed to: t‘Ar� Robeek VV:0141 t , 1 Folin sirR.ei- Sun Ffan cnSLO.CA- 9'i 103 COMPLETE THIS SECTION ON DELIVERY A' 'Signature X ` ❑ Agent p A . ressee B. Received by (PNnted Name) _ = • t - D. Is delivery address different from Item 1? FA if YES, enter delivery address below: No 98 very 3. Service type la Certified Mall 0 Express Mail 0 Registered 94eturn Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2..Article Number7013 0600 0000 9535 5402 (Transfer from service !abelj PS Form 3811,'.Felirua y 2004 Domestic Return Receipt . • 102595-02-M-1540•• P NOTICE TO PLEAD TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer ' .t< New Matter within twenty (20) days fro_pa rvice hereof or a judgment may be entered ( st you. By Luisa F Borelli, Esq. Attorney for Defendant Law Offices of Hubshman, Mood & Bullock By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Our File #123542218-001 Tina Dunn v. Robert McDowell CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the attached pleading upon all other parties or their attorneys by: regular mail certified •i othe By Luisa F Borelli, Esq. Attorney for Defendant Attorney for Defendant Robert M. McDowell • Court of Common Pleas _ --1 Cumberland County 2014-4272 0000.• DEFENDANT'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. Admitted in part, denied in part. It is admitted that answering defendant is an adult individual. It is denied that he currently resides at the address set forth in plaintiffs complaint. 3. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 4. 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. 5. Admitted. 6-7. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. COUNT 1 PLAINTIFF, TINA DUNN vs. DEFENDANT, ROBERT MCDOWELL 8. Answering defendant incorporates by reference, paragraphs 1 through 7, inclusive, of his Answer to plaintiff's Civil Action Complaint as fully as though the same were herein set forth at length. 9-13. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further answer, the 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 MNITER 14. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 15. Plaintiff failed to mitigate her damages. i6. If Plaintiffs 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. Plaintiffs claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. i8. Plaintiffs voluntarily adopted a dangerous and hazardous method or manner of performing the actions that they were then undertaking when there was a safe method available and they thereby assumed the risk of injury in performing their actions. 19. Plaintiff's 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 Plaintiff's Complaint, 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 Jersey Deemer Statute, N.J.S.A. 17:28-1.4. WHEREFORE, answering Defendant demands judgment in his favor. BY: DATE: October 14, 2014 Law Offices of Hubsh an, Flood & Bullock Luisa orelli, Esquire Attorney for Defendant VERIFICATION I, Luisa F Borelli, 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 unsworn falsification to authorities. Luisa F Borelli, Esquire Law Offices of Hubshman, Flood & Bullock` t By: Luisa F Borelli, Esquire 2U.• ' OCT i % f, Attorney ID #91620 fir+ I: 13 5165 Campus Drive, Suite 200 Attorney for DefendAili Plymouth Meeting, PA 19462 Robert M. McDowell , ' ° OUi,r Telephone #(610) 276-4962 i� II Our File #123542218-001 TINA DUNN : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. ROBERT MCDOWELL : 2014-4272 • DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Robert McDowell, hereby demands trial by eight (8) jurors. Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney for Defendant CEVALLOS & WONG LLP BY: JEFFREY C. WONG, ESQUIRE I.D. NO.: 86172 40 COURT STREET NEWTOWN, PA 18940 215-860-5860 cil , OCT22 P}:i 2:,09 PEMSYLVAA,T,TORNEY FOR PLAINTIFF TINA DUNN vs. ROBERT MCDOWELL CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 2014-04272 PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER Plaintiff, by and through his counsel, Cevallos & Wong, do hereby reply to Defendant, ROBERT MCDOWELL'S, Answer with New Matter as follows: 14. — 25. Denied. These averments are denied as conclusions of law to which no responsive pleadings are required pursuant to the applicable Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at Trial. WHEREFORE, Plaintiff kindly requests that Defendant's New Matter to Civil Action be dismissed with prejudice and judgment be entered in favor of Plaintiff. CEVALLOS & WONG LLP DATED: October 17, 2014 ATTORN7FOR PLAINTIFF VERIFICATION I, JEFFREY C. WONG, hereby verify that I am an attorney with the law firm of CEVALLOS & WONG LLP, attorneys for the Plaintiff(s); that the Plaintiff(s) lacks sufficient knowledge or information to verify the statements in the foregoing DOCUMENT; that the Verification of the Plaintiff(s) cannot be obtained within the time required for filing of the DOCUMENT; that the statements contained therein are based on the results of legal investigation, knowledge, and interpretation; that the facts set forth here are true and correct to the best of my knowledge, information, and belief; and that this Verification is made pursuant to Pa. R.C.P. 1024(c). Dated: October 17, 2014 BY: CEV ' LOS & WONG LP EY C. WoNG ney for Plaintiff Law Offices of Hubshman,Flood&Bullock By: Luisa F Borelli,Esquire Attorney ID#91620 5165 Campus Drive,Suite 200 Attorney for Defendant, Plymouth Meeting,PA 19462 Robert M.McDowell Telephone #(610) 276-4962 Our File #123542218-001 - Tina Dunn Court of Common Pleas Cumberland County , V. Robert McDowell 2014-4272 STIPULATION TO THE PROTHONOTARY: It is hereby stipulated that the that all references to recklessness and reckless behavior are withdrawn from the Plaintiff s Complaint. 00, sy: ///"A ft t4tg, sq Attorney for laintiff Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610).276-49'62 Our File #123542218-001 Tina Dunn v. Robert McDowell r!LED-OFFICc OF THE PROTHONOTARY Attorney for Defendant, 20111 NO(� II: -TI Robert M. McDowell CUMBERLAND COUNTY PENNSYLVANIA : Court of Common Pleas : Cumberland County 2014-4272 CERTIFICATE PREREQUISITE. TO. SERVICE OF SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22: Certifies that: 1. a notice of intent to serve the subpoena with copies of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. the subpoena which will be served is identical to the subpoena which is attached to the notice of,intent to serve the subpoena; 4. no objection to the subpoena has been received. Law Offices of Hubshman, Flood & Bullock By: Date: November 10, 2014 Liu& B Luisa F Borelli, Esquire Attorney for Defendant ro COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TINA DUNN Court of Common Pleas Plaintiff ROBERT M. MCDOWELL No.2014-4272 Defendant Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 TO: Zurich American Insurance Company (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: Copies of any and all medical records pertaining to claim number 53974640947133 DOL 7/29/2010. at 5165 Campus Drive, Suite 200, Plymouth Meeting, PA 19462 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date: 10/01,///7 Name: Luisa F Borelli, Esquire Address: 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone: (610) 276-4962 Supreme Court ID#: 91620 Attorney for: Defendant BY THE COURT: PaasC/ �� COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TINA DUNN Court ,of Common Pleas Plaintiff ROBERT M. MCDOWELL Defendant No.2014-4272 Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 TO: State Farm Insurance Company (Nay e of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: Copies of first party file records pertaining to claim number 381M71280 DOL 9/10/2012. at 5165 Campus Drive, Suite 200, Plymouth Meeting, PA 19462 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena ws issued at the request of the following person: Date: , 114_2L1 ! t Name: Luisa F Borelli, Esquire Address: 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone: (610) 276-4962 Supreme Court ID#: 91620 Attorney for: Defendant BY THE COURT: Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(61o) 276-4962 Our File #123542218-001 Attorney for Defendant, Robert M. McDowell Tina Dunn : Court of Common Pleas : Cumberland County v. • Robert McDowell : : 2014-4272 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TINA DUNN: State Farm Insurance Company Insurance Records Zurich American Insurance Company Insurance Records TO: Jeffrey C. Wong, Esquire Luisa F Borelli, Esquire intends to serve subpoena identical to the ones that are attached to this Notice. You have 20 days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the 20 day Notice period is waived, or, if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by contacting, Avery Jackson. Luisa F Borelli, Esquire, Attorney for Defendant Date of Issue: October 21, 2014 Law Offices of Hubshman, Flood&Bullock By:Luisa F Borelli,Esquire Attorney ID#91620 - 5165 Campus Drive,Suite 200 Attorney for Defendant Plymouth Meeting,PA 19462 Robert M.McDowell Telephone#(6w)276-4962 Our File#123542218-001 Tina Dunn : Court of Common Pleas : Cumberland County v. Robert McDowell 2014-4272 DEFENDANT'S MOTION TO COMPEL PLAINTIFF,TINA DUNN'S, RECORDS FROM ZURICH AMERICAN INSURANCE COMPANY 1. This is an action for personal injury arising out of an automobile accident. 2. On November 10, 2014 Defendant's counsel requested, by Subpoena, documents and things relating to Plaintiff, Tina Dunn, from Zurich American Insurance Company. See Correspondence Attached as Exhibit"A". 3. To date, Zurich American Insurance Company has not responded to Defendant's Subpoena, nor have they sought a Protective Order. 4. An arbitration hearing has been scheduled for . 5. Copies of these documents are required in order to obtain important information and permit Defendant to prepare for trial in this matter. Furthermore, Defendant will be prejudiced if full and complete responses to this Subpoena are not forwarded. 6. The failure of Zurich American Insurance Company to respond to Defendant's Subpoena is in violation of the applicable Rules of Civil Procedure. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order against Zurich American Insurance Company in the form attached hereto. Law Offices of Hubshman, Flood&Bullock mtBy: W`jU,,th.g. isa F Borel i, Esquire Attorney for Defendant Law Offices of Hubshman, Flood&Bullock By:Luisa F Borelli,Esquire Attorney ID#91620 5165 Campus Drive,Suite 200 Attorney for Defendant Plymouth Meeting,PA 19462 Robert M.McDowell Telephone#(610)276-4962 Our File#123542218-001 Tina Dunn : Court of Common Pleas : Cumberland County v. • • Robert McDowell : 2014-4272 DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL PLAINTIFF'S RECORDS 1. Matter before the Court: Before the Court is Defendant's Motion to Compel Discovery in the form of a Motion to Compel Records from Zurich American Insurance Company. 2, Statement of Question Involved: Is Defendant entitled to an Order compelling Zurich American Insurance Company to respond to Defendant's Subpoena for Production of Documents pertaining to Plaintiff, Tina Dunn, served more than thirty (30) days ago and is now overdue? Suggested answer: Yes. 3. Facts: On November 10, 2014, Defendant's counsel forwarded to Zurich American Insurance Company a Subpoena for Production of Documents for records on Plaintiff, Tina Dunn. More than thirty (30) days have now elapsed and Zurich American Insurance Company have failed to respond to the Subpoena. On December 5, 2014, Defendant's counsel sent a request to Zurich American Insurance Company to forward records on Plaintiff, Tina Dunn,within ten(10)days. 4. Argument: Pa. R. C. P. 4009.21, titled, Written Interrogatories to a Party permits a party seeking production from a person not a party to the action to request production of documents after providing a twenty day notice to all parties of the intent to serve such subpoena. On October 21, 2014, Defendant filed a Notice of Intent to Serve Subpoena upon Zurich American Insurance Company,which was served on all parties via first class mail. On November 10, 2014,the Subpoena was served on Zurich American Insurance Company. Thirty days have now elapsed since Defendant served such Subpoena and Zurich American Insurance Company has failed to respond or otherwise object to the Subpoena 7. Relief: Wherefore, Defendant respectfully requests this Court grant the Motion and issue an Order compelling Zurich American Insurance Company to respond to Defendant's subpoena within twenty (20) days. Law Offices of Hubshman, Flood& Bullock By: LAlaik, Gaitaiu. Luisa F Borelli, Esquire Attorney for Defendant CERTIFICATE OF SERVICE I, Luisa F Borelli, attorney for Defendant, hereby certify that I caused a true and correct copy of Defendant's Motion to Compel Records to be deemed served this date on: Zurich American Insurance Company 20700 Civic Center Drive Southfield, MI 48076 Cert Mail RRR: 91 7199 9991 7030 8698 6847 Jeffrey C.Wong, Esquire 40 Court Street Newtown PA 18940 Law Offices of Hubshman, Flood&Bullock By: At1, 1 Luisa F Borelli, Esquire Attorney for Defendant Date: December 18, 2014 —a ,-,,-1+,,,,MV•a",.•. 1.0.5,•...wa • sacg.n,g, •••m , • IN THE COURT OF COMMON PLEAS OF PHILADELPHIA, FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION Tina Dunn : Court of Common Pleas : Cumberland County v. Robert McDowell : 2014-4272 ATTORNEY CERTIFICATION OF GOOD FAITH The undersigned for movant hereby certifies and attests that: X a) Defense counsel has had the contacts described below with opposing counsel regarding the discovery matter contained in the foregoing discovery motion in an effort to resolve the specific discovery dispute(s) at issue and, further, that despite all counsel's good faith attempts to resolve the dispute(s), counsel has been unable to do so. Description: On December 5, 2014, counsel for Defendant sent a letter to Zurich American Insurance Company requesting the records be produced within ten days or a motion would be filed. Zurich American Insurance Company has not responded to the Subpoena. b) Defense counsel has made a good faith but unsuccessful efforts described below to contact opposing counsel in an effort to resolve the discovery dispute. Description: By: ULtL Luisa F Borelli, Esquire Attorney for Defendant "Note: The signature of respondent's counsel is not required" EXHIBIT "A" LAW OFFICES OF HUBSHMAN, FLOOD & BULLOCK Not a Partnership,Not a Corporation 5165 CAMPUS DRIVE,surrE 200 PLYMOUTH MEETING, PA 19462 Luisa F Borelli, Esquire Direct#(61o) 276-4962 Luisa_F_Borelli@Progressive.com SALARIED PROGREEMPLOYEES OFSSIVE CASUALTY Facsimile#(866) 842-1482 INSURANCE COMPANY November 10, 2014 Via Certified Mail-Return Receipt Requested 917194 9991 7030 8641 7643 Zurich American Insurance Company Attention: Records Custodian 207000 Civic Center Drive Southfield MI 48076 RE: Dunn v. McDowell Cumberland County Court of Common Pleas No: 2014-4272 File No. 123542218-001 Dear Sir/Madam: Enclosed is a Subpoena to Produce Documents or Things for Discovery directing you to produce the records identified therein pertaining to Tina Dunn. Please produce all of the requested records to me by December 1, 2014. If possible, please provide the records electronically via fax to Alyssa Patterson at fax #(866) 842-1482 or via email to alyssa_patterson@progressive.com. If you require a reasonable fee to cover the cost of producing the requested documents, please fax an invoice to Alyssa Patterson at #(866) 842-1482 including your Tax Identification Number and a check will be sent to you. If you have any questions regarding this request, please call Alyssa Patterson at telephone #610-276-4998. Thank you for your time and attention to this matter. Very truly yours, /s/ LFB Luisa F Borelli, Esquire LFB/ap Enclosure cc: Jeffrey C. Wong, Esquire Cevallos &Wong, LLP 40 Court Street Newtown, PA 18940