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HomeMy WebLinkAbout14-4431 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover,$ t Docket No: Cumberlandtl y ' County IV- VV 3 1 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 ❑ Complaint ❑x Writ of Summons ❑ Petition Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: T Jolene John Ryan Boline I Are moneydamages requested? El Yes ❑ No Dollar Amount Requested: ❑within arbitration limits g 9 (check one) ❑outside arbitration limits U N Is this a Class Action Suit? ❑Yes El No Is this an MDJAppeal? ❑ Yes El No A Name of Plaintiff/Appellant's Attorney: Jason B. Duncan, Esquire ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the" KNIF.—IrraceTT IMGately descri PRIMARY CASE. If you are making more than one type o Maim, ch e one that ou consider most im ortant. , TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S 0 Product Liability(does not include ❑ Employment Dispute: E mass tort) ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: [I Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment -- ❑ Ground Rent Mandamus ❑ Landlord/Tenant Dispute Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 i! t' { rFli.. pf��Ui'Sti If'. l t 2014 JUL 29 PM 2: 54 CU PENNSYLVAN A jY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN Plaintiff, l y Y�31 — l U/ No. V. Cp'(;0 CIVIL ACTION- LAW RYAN BOLINE, Defendant. Jury Trial Demanded PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against Ryan Boline, an individual whose residence is 7122 Fox Meadow Drive, Hummelstown, PA 17036, for injuries sustained by Plaintiff in a motor vehicle accident. Writ of Summons shall be issued and forwarded to the Sheriff. Date: STONE, DUNCAN, & LINSENBACH, PC JA B. DUN Q I. D. B. 8 North Baltimore Street Dillsburg, PA 17019 Ph: (717) 432-2089 Fx. (717) 432-0158 Attorney for Plaintiff CF/373 llte rL z SUMMONS IN CIVIL ACTION TO: Ryan Boline, Defendant YOU ARE HEREBY NOTIFIED that Jolene John has commenced an action against you. DATE: By:-1a4,4�- -� , le� Prothonotary C—,e— , t OF THE 1LcD-O f ICE Or 1 PROTHONOTARY 2014 AUG 13 PH 1: 3 3 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, Plaintiff, v. RYAN BOLINE, Defendant. #20750 CIVIL DIVISION NO. 2014-4431 PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, CIVIL DIVISION Plaintiff, v. NO. 2014-4431 RYAN BOLINE, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock & Guthrie, P.C., on behalf of the Defendant, Ryan Boline, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHE, P.C. Bv. Al pT in� . ' auch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 11th day of August, 2014. Jason B. Duncan, Esquire 8 North Baltimore Street Dillsburg, PA 17019 (Counsel for Plaintiff) SUMMERS, McDONNELL, HUDOCK Bv. & GUTHRIE '.C. 72i AL Ke in B Esquire C• nsel for defendant L CE tit O EfO14O 1, ;y 1 2014 AUG ! 3 PH 1: 34 CUMBERLAND COUNTY PENPSS YL VA NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, Plaintiff, v. RYAN BOLINE, Defendant. #20750 CIVIL DIVISION NO. 2014-4431 PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, Plaintiff, v. CIVIL DIVISION NO. 2014-4431 RYAN BOLINE, (Jury Trial Demanded) Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Jolene John, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK Bv• & GUTH - IE, P.C. Kevin I. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, CIVIL DIVISION Plaintiff, v. NO. 2014-4431 RYAN BOLINE, (Jury Trial Demanded) Defendant. RULE AND NOW, this , day of , 2014, upon consideration of Defendant's/s' Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this day of , 2014. Prothonotary CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Rule to File Complaint has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 11th day of August, 2014. Jason B. Duncan, Esquire 8 North Baltimore Street Dillsburg, PA 17019 (Counsel for Plaintiff) SUMMERS, McDONNELL, HUDOCK Bv: & GUTHIE P evin ''such, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, Plaintiff, v. CIVIL DIVISION NO. 2014-4431 RYAN BOLINE, (Jury Trial Demanded) Defendant. RULE AND NOW, this 12 , day of , 2014, upon consideration of Defendant's/s' Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this I g day of09 , 2014. Prothonotary -1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY flr i„U-i;1= HHL;L THE PROTHONOTAR° Cn,r, OFF iCE OF THE SHERIFF 20I4 AUG I4 PM 3:06 CUMBERLAND COUNTY PENNSYLVANIA Jolene John vs. Ryan Boline Case Number 2014-4431 SHERIFF'S RETURN OF SERVICE 07/29/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Ryan Boline, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 08/04/2014 The requested Writ of Summons served by the Sheriff of Dauphin County upon Deborah Boline, Mother of defendant, who accepted for Ryan Boline, at 7122 Fox Meadow Drive, Hummelstown, PA 17036. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, August 12, 2014 RONPTY R ANDERSON, SHERIFF tcj CountySuito Shentr, Toleosott, Inc. Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff JOLENE JOHN RYAN BOLINE Sheriffs Return No. 2014-T-2160 OTHER COUNTY NO. 2014-4431 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS And now: AUGUST 4, 2014 at 8:01:00 AM served the within WRIT OF SUMMONS upon RYAN BOLINE by personally handing to DEBORAH BOLINE * 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 7122 FOX MEADOW DRIVE HUMMELSTOWN PA 17036 * MOTHER OF DEFENDANT WHO ACCEPTED AS ADULT PERSON IN CHARGE. Sworn and subscribed to before me this 6TH day of August, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sher' of Daup in C nty, Pa. By v Dept Sheriff Deo (Aty: J STRAINING Sheriffs Costs: $49.25 8/1/2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 -Q o3 z.m = 7J JOLENE JOHN, c'r Plaintiff, - y No. 2014-4431 v c-) Z co v. • CIVIL ACTION - LAW RYAN BOLINE, �` Defendant. Jury Trial Demanded -0 N t<3 NOTICE You have been sued in court. If you wish to defend yourself against the claims set forth. in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by .entering a written appearance personally or, by attorney. _and filing in writing with the court your defenses or objections to the, claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money, claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT, HAVE A LAWYER, GO TOL OR 'TELEPHONE THE OFFICE SET. FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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, 34 S. Bedford Street, Carlisle, ;Pennsylvania Telephone Number 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, Plaintiff, v. RYAN BOLINE, Defendant. No. 2014-4431 CIVIL ACTION - LAW Jury Trial Demanded COMPLAINT AND NOW comes the Plaintiff, Jolene John, by and through her counsel, Jason B. Duncan, Esq., of Stone, Duncan & Linsenbach, PC, and avers as follows: NATURE OF ACTION 1. Plaintiffs seek damages for injuries sustained as a result of an automobile accident which occurred on August 1, 2012, in Southampton Township, Cumberland County, Pennsylvania. PARTIES 2. Plaintiff, Jolene John, is a citizen of the Commonwealth of Pennsylvania and an adult individual residing at 100 Cold Spring Road, Dillsburg, PA 17019. 3. Defendant, Ryan Boline, is an adult individual residing at 7122 Fox Meadow Drive, Hummelstown, PA 17036. FACTUAL AND LEGAL ALLEGATIONS 4. The accident which gives rises to the causes of action herein occurred on August 1, 2012, as Plaintiff, Jolene John, driving a 2001 Chrysler Town and Country, was exiting Interstate 81 at exit 29 onto Walnut Bottom Road and was yielding to oncoming traffic as requried. 5. At the aforementioned time and place, Defendant Ryan Boline, was operating a 2004 Toyota RAV 4 and crashed into the rear of Plaintiff's vehicle. 6. As a direct and proximate result of the Defendant's negligence, Plaintiff has sustained serious injuries including, but not limited to back, shoulder, and neck injuries. 7. As a direct and proximate result of the negligence of Defendant, Plaintiff has undergone, and in the future may undergo, great physical pain and suffering, and mental anguish. COUNT I NEGLIGENCE 8. The averments in paragraph 1-7 are incorporated herein by reference as if set forth in full. 9. Defendant owed Plaintiff a duty of care to take reasonable precautions to not carelessly and recklessly put Plaintiff at risk of severe bodily injury. 10. The violent collision and the attendant serious and permanent injuries to the Plaintiff set forth herein were directly and proximately caused by the negligent, careless and reckless acts of Defendants in the following particulars: a. In operating his vehicle in a careless disregard for the safety of other persons and/or property and in particular Plaintiff Jolene John, in violation of 75 P.S. 3714; b. In failing to properly approach or enter an intersection in violation of 75 P.S. 3321; c. In failing to yield to or safely approach the vehicles at an intersection in the lane in front of him in general and in violation of 75 Pa.C.S.A. 3304; d. In following another vehicle, namely Plaintiff Jolene John's, more closely than is reasonable and prudent having due regard for the speed of the vehicles and the traffic upon and the condition of the highway in violation of 75 Pa.C.S.A. 3310; e. In allowing his vehicle to violently collide into the back of Plaintiff's vehicle; f. In failing to observe Plaintiff's vehicle when Defendant knew or should have known of the presence of Plaintiff's vehicle; g. In operating his vehicle in such a manner as to disregard the rights of other vehicles lawfully upon the roadway; h. In failing to properly operate and control his motor vehicle; i. In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; J• In failing to make proper and adequate observations of the existing circumstances; k. In failing to make proper and adequate reaction to the existing circumstances; 1. In otherwise failing to exercise due care under the circumstances. 11. The aforesaid accident was caused by the carelessness, negligence and recklessness of Defendant and was in no way caused by Plaintiff Jolene John. 12. Plaintiff claims compensatory damages, including medical bills, future medical bills, loss of future earning capacity, pain and suffering, and other relief as equity and justice would require. 13. Defendant was the sole and exclusive, direct and proximate cause of the aforementioned collision, and his carelessness, negligence, recklessness caused Plaintiff to suffer serious and permanent personal injuries, including, but not limited to back, neck, and shoulder and arm pain, to include a tear to her rotator cuff, as a result of which, she has suffered, currently suffers and will continue to suffer for an indefinite period of time in the future. 14. As a sole and proximate result of Defendant's negligence, Plaintiff was forced to undergo medical care, to include X-rays, MRI scans, injections, physical therapy and the ingestion of several medications. 15. As a sole and proximate result of the Defendant's negligence, Plaintiff has been forced to incur medical bills and expenses, some of which are subject to a recovery lien, and some of which are not covered by medial insurance and may incur additional sums in the future. 16. By reason of her aforesaid injuries, Plaintiff has suffered or may suffer a severe impairment of her earning capacity and this impairment of earning capacity will or may continue in the future. 17. As a further result of the aforesaid injuries and the negligence of Defendant in causing those injuries, Plaintiff has undergone, and will continue to undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures and a severe limitation on her pursuit of daily activities, and her ability to enjoy the pleasures of life will be impaired for the remainder of her natural life all to her great loss and detriment. 18. As a further result of said injuries and the negligence of Defendant in causing said injuries, Plaintiff's economic horizons have been adversely affected. COUNT II — LOSS OF CONSORTIUM 19. Paragraphs 1 through 18 of this Complaint are incorporated herein by reference as if fully set forth at length. 20. Solely as a result of the negligence, carelessness, recklessness, and misconduct of Defendant and the resulting injuries to his spouse Jolene John, Ralph L. John, Jr. has been deprived of the assistance, companionship, comfort, services and society, and consortium of his wife Jolene John, and will be deprived of the same for an indefinite time in the future, all of which has been to his great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court review the actions of the Defendants and grant judgment in favor of the Plaintiff. Res fully Submitted ST 1 NE, DUNCAN & LI ENBACH, P.C. JA ON B. DUNCAN, ESQUIRE PA I.D. #87946 3 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 CERTIFICATE OF SERVICE 1, ----3`11' ""d6Ido certify that I have served a copy of Plaintiffs' Complaint upon the following by first class mail: DATE: 9 Kevin D. Rauch, Esq. Summers, McDonnell, Hudock & Guthrie, P.C. 945 East Park Drive Suite 201 Harrisburg, PA 17111 STO E, DUN AN, & INSENBACH, P.C. Jason B. Duncan, Esq. I.D. #87946 3 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 VERIFICATION The above Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of this matter. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. I, Jolene John, hereby verify that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: By: (04,44 (4 Jolene hn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, Plaintiff, v. CIVIL DIVISION NO. 2014-4431 STIPULATION TO DISMISS RYAN BOLINE, ALLEGATIONS OF RECKLESSNESS Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. LD. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 #20750 c:=) CX) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, Plaintiff, v. CIVIL DIVISION NO. 2014-4431 RYAN BOLINE, (Jury Trial Demanded) Defendant. STIPULATION TO DISMISS ALLEGATIONS OF RECKLESSNESS AND NOW, come the parties, by and through and their attorneys, Kevin D. Rauch, Esquire of Summers, McDonnell, Hudock & Guthrie., and Jason B. Duncan, Esquire of .Stone, Duncan & Linsenbach, P.C. and files the following Stipulation: The allegations and reference to "recklessly, reckless" and "recklessness" contained in paragraphs 9, 10, 11, 13 and 20 of Plaintiff's Complaint are hereby dismissed, with prejudice. STONE, DUNCAN & LINSENBACH, P.C. SUMMERS, McDONNELL, HUDOCK & GU HRIE, P.C. B Jason B. Duncan, Esquire Counsel for Plaintiff By: evin D. Rauch, Esquire ounsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Stipulation to Dismiss Allegations of Recklessness has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 29th day of September, 2014. Jason B. Duncan, Esquire Stone, Duncan & Linsenbach, P.C. 8 North Baltimore Street Dillsburg, PA 17019 (Counsel for Plaintiff) SUMMERS, McDONNELL-, HUDOCK & GUTH IES P.C. By: D. auch, . uire Counsel for Defendant OF THE PROTHONOTARY 20Iii OCT 17 PM 12: 35 CUMBERLANDLOUNTY REKKSYLVAMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, Plaintiff, V. RYAN BOLINE, Defendant. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be nagai 7t you. mers, c onnell, Hudock & uthrie, P.C. #20750 CIVIL DIVISION NO. 2014-4431 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, CIVIL DIVISION Plaintiff, v. NO. 2014-4431 RYAN BOLINE, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Ryan Boline, by and through his counsel, Summers, McDonnell, Hudock & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. • 2. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that the accident occurred on the date, time and place identified. The remainder of the allegations in paragraph 4 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Admitted in part, denied in part. It is admitted that Defendant, Ryan Boline was operating the vehicle identified at the time of the accident and was involved in a collision with the Plaintiff's vehicle. The remainder of the allegations in paragraph 5 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Paragraph 6 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I 8. In response to paragraph 8, the Defendant reiterates and repeats all his responses in paragraphs 1 through 9 as if fully set forth at length herein. 9. Admitted in part, denied in part. It is admitted that both the Plaintiff and Defendant had the duty to abide by the rules of the road, as defined by Pennsylvania law. The remainder of the allegations in paragraph 9 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 and all of its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Ryan Boline, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. COUNT 11 19. In response to paragraph 19, the Defendant reiterates and repeats all his responses in paragraphs 1 through 18 as if fully set forth at length herein. 20. Paragraph 20 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Ryan Boline, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 21. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 22. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 23. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non -economic damages. 24. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Ryan Boline, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNE L, HUDOCK & GU H I .0 B Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: /0% 3/2-* #20750 RyifBoline CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and New Mafter has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 16th day of October, 2014. Jason B. Duncan, Esquire 8 North Baltimore Street Dillsburg, PA 17019 (Counsel for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: ch,quire ounsel f Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, Plaintiff, v. RYAN BOLINE, Defendant. #20750 CIVIL DIVISION NO. 2014-4431 MOTION TO COMPEL DISCOVERY RESPONSES (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, CIVIL DIVISION Plaintiff, v. NO. 2014-4431 RYAN BOLINE, (Jury Trial Demanded) Defendant. MOTION TO COMPEL DISCOVERY RESPONSES AND NOW, comes the Defendant, Ryan Boline, by and through his counsel, Summers, McDonnell, Hudock & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Discovery Responses and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident which occurred on August 1, 2012 on Interstate 81 in Shippensburg, Cumberland County, Pennsylvania. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence and alleging personal injury. 3. On September 2, 2014, counsel for the Defendant served the Plaintiff with Interrogatories and Requests for Production of Documents relative to the above - referenced matter. (A true and correct copy of the Certificate of Service pages from Defendant Bedford's Interrogatories and Requests for Production of Documents as well as the enclosure correspondence dated August 21, 2014, is attached hereto as Exhibit 4. In accordance with Pennsylvania Rule of Civil Procedure 4009, the Plaintiff's Responses to Defendant's Interrogatories and Request for Production of Documents should have been received by October 2, 2014. 5. Defense counsel has since followed up with multiple telephone calls and a letter to Plaintiff's counsel requesting that he respond to the outstanding discovery. 6. On October 22, 2014, Defense counsel granted the Plaintiff an additional two weeks to respond to the outstanding discovery. (A true and correct copy of this correspondence, dated October 22, 2014, is attached hereto as Exhibit "B".) 7. To date, Defense counsel has not received any response from the Plaintiff or their counsel regarding the discovery requests. 8. It is necessary for the proper defense of this lawsuit that the Plaintiff provides full and complete responses to the Defendant's discovery requests. 9. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, the Defendant respectfully requests this Honorable Court enter an Order directing the Plaintiff to provide the Defendant with full and complete Responses to the Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days or suffer additional sanctions. 10. Pursuant to Local Rule 208.3(a), no judge has previously rule upon any other issues in this matter. 11. Counsel for the Defendant certifies that he has attempted contact with Plaintiffs counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts, Plaintiff's discovery responses have not been received by Defense counsel. WHEREFORE, Defendant, Ryan Boline., respectfully requests this Honorable Court enter an Order compelling the Plaintiff to provide full and complete responses to the Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days or suffer additional sanctions. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, CIVIL DIVISION Plaintiff, v. NO. 2014-4431 RYAN BOLINE, (Jury Trial Demanded) Defendant. ORDER AND NOW, TO WIT, this day of , 2014, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff, Keith Michael Holmes, provide Defendant, Ryan Boline, with full and complete Responses to the Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days of this Order or suffer such sanctions deemed appropriate by the Court. BY THE COURT: J. Distribution List: Jason B. Duncan, Esquire Stone, Duncan & Linsenbach, P.C. 8 North Baltimore Street Dillsburg, PA 17019 (Attorney for Plaintiff) Kevin D. Rauch, Esquire Summers, McDonnell, Hudock& Guthrie, P.C. 945 East Park Drive, Ste. 201 Harrisburg, PA 17104 (Attorney for Defendant) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY RESPONSES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 6th day of November, 2014. Jason B. Duncan, Esquire Stone, Duncan & Linsenbach, P.C. 8 North Baltimore Street Dillsburg, PA 17019 (Counsel for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S INTERROGATORIES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 2nd day of September, 2014. Jason B. Duncan, Esquire 8 North Baltimore Street Dillsburg, PA 17019 (Counsel for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S REQUEST OF PRODUCTION OF DOCUMENTS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 2nd day of September, 2014. Jason B. Duncan, Esquire 8 North Baltimore Street Dillsburg, PA 17019 (Counsel for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant Jason B. Duncan, Esquire Stone, Duncan & Linsenbach, P.C. 8 North Baltimore Street Dillsburg, PA 17019 RE: John v. Boline Our File No. Dear Mr. Duncan: October 22, 2014 20750 Please be advised that I spoke with your Paralegal Alyssa today and she informed me that you had just recently received your client's verified responses to our discovery requests and requested a two week extension. I am agreeable to the same, however, if I do not receive your responses within two weeks of the date of this letter, I will proceed with filing a Motion to Compel. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Ve trul yours, ED y Carrie J. McConnell CJM:ard IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, CIVIL DIVISION Plaintiff, v. NO. 2014-4431 RYAN BOLINE, (Jury Trial Demanded) Defendant. ORDER AND NOW, TO WIT, this 13th day of i) 6U t M cf , 2014, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff, Keith Michael Holmes, provide Defendant, Ryan Boline, with full and complete Responses to the Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days of this Order or suffer such sanctions deemed appropriate by the Court. BY THE COURT: \\0\- Distribution List: Jason B. Duncan, Esquire Stone, Duncan & Linsenbach, P.C. 8 North Baltimore Street Dillsburg, PA 17019 (Attorney for Plaintiff) evin D. Rauch, Esquire Summers, McDonnell, Hudock& Guthrie, P.C. 945 East Park Drive, Ste. 201 Harrisburg, PA 17104 (Attorney for Defendant) C ,'e P t LEL)/,q/P 1 J. MT 4„ OF THE P is t E F' 2BILI DEC -3 PM 16 CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, Plaintiff, v. CIVIL DIVISION NO,. 2014-4431 DEFENDANT'S INTERROGATORIES TO RYAN BOLINE, PLAINTIFF, JOLENE JOHN Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 #20750 PLAINTIFF'S ANSWERS TO DEFENDANT'S INTERROGATORIES I. GENERAL OBJECTIONS 1. Plaintiff objects to the instructions contained in the interrogatories to the extent they impose, or attempt to impose, any obligations upon Plaintiff that are inconsistent with and/or exceed the requirements of the Pennsylvania Rules of Civil Procedure, the applicable rules governing practice in the Court of Common Pleas of Cumberland County, or applicable case law. 2. Plaintiff objects to the disclosure of any information protected by the attorney-client privilege, the attorney work -product doctrine and/or other applicable privileges or immunities. Plaintiff reserves the right to assert a privilege with respect to any such information, and further assert the right to request the return of all privileged information that may be inadvertently disclosed. 3. Plaintiff preserves all evidentiary objections and, accordingly, no waiver by Plaintiff of any objection is to be implied from these responses, or the information disclosed. To the extent that any response might arguably waive an otherwise assertable objection or claim of privilege, immunity or confidentiality, such waiver shall be limited only to the specific subject matter of the response and shall not extend to any other matter, or any further discovery request. Specifically, by responding to these or other discovery requests, Plaintiff is not admitting that the subject matter of the response is relevant to the pending action or not protected by the attorney-client privilege, attorney work -product doctrine, or other applicable privileges or immunities. 4. Plaintiff objects to these interrogatories to the extent that they call for information that is neither relevant to the subject matter involved in the pending action, nor reasonably calculated to lead to the discovery of admissible evidence. 5. Plaintiff's responses are based only upon information and documents reasonably available and known to him and his counsel after a reasonably diligent investigation and search of his records and files. Plaintiffs reserve the right to supplement or modify any and all of its objections and responses if additional information is obtained or otherwise becomes available. 6. Plaintiff objects to the Instruction and Definition of Defendant's Interrogatories to the extent they seek confidential, proprietary and/or trade secret information 7. Plaintiff hereby incorporates by reference, as if fully set forth therein, each of the foregoing general objections in each of their specific responses to each of the interrogatories. iZ /344 161:3011 73:Di nCcm sg. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOLENE JOHN, CIVIL DIVISION Plaintiff, v. NO. 2014-4431 RYAN BOLINE, (Jury Trial Demanded) Defendant NOTICE TO: Plaintiff, Jolene John do Jason B. Duncan, Esquire 8 North Baltimore Street Dillsburg, PA 17019 DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIFF, JOLENE JOHN I. BACKGROUND 1. Please state the following: (a) full legal name; (b) maiden name (if applicable); (c) your present street address; (d) your address on the date of the accident; (e) the name and relationship to you of each person residing with you at the time of the accident; (f) date of birth; (g) present marital status; (h) the date of any marriage; (i) whether you have been divorced or legally separated and, if so, when and for what period of time; U) your social security number; (k) spouse's social security number; and (I) names, addresses, and ages of any children. ANSWER: 1 a. Jolene Starliper John b. Jolene May John c. 100 Cold Springs Road Dillsburg, PA 17019 d. 348 Mainsville Road Shippensburg, PA 17257 e. Ralph L. John Jr. (husband) Jessica A. John (daughter) Cheyenne M. John (daughter) Thomas P. McCreary (daughter's boyfriend) f. 05/05/1976 g. Married h. 06/25/1994 i. No j. 179-56-6534 k. 227-17-9422 I. Children reside at home with us (20yr & 16yr) II. INJURIES\TREATMENT FOLLOWING ACCIDENT 2. Set forth a detailed description of all injuries you suffered as a result of the subject accident. ANSWER: 2. On the evening of the accident I went to the ED at Carlisle Regional Medical Center and a CT was done. The diagnosis as of that night was severe whiplash. I have been suffering with neck, left shoulder (anterior and posterior), and upper back problems. After about 5 months of physical therapy without improvement a request for an MRI was obtained from my family physician. The MRI showed a partial rotator cuff tear, so a referral was made for me to see an orthopedic doctor and therapy regimens were changed to meet the needs of the injury. I have had therapy and injections and I still have problems with pain over 2 years after the accident. See diary of symptoms (ongoing) that I have kept. I am now resorted to having the surgery done to relieve the pain. 3. Set forth a detailed description of any injury or condition claimed to be permanent. ANSWER: 3. If the surgery does not work to relieve my pain, then I will have pain the rest of my life and limited use of my arm due to the pain and discomfort. 4. Please list the names and office addresses of all physicians, chiropractors, or other health care providers (including hospitals) who have examined, treated, or attended you for any injuries suffered in the subject accident. ANSWER: 4. Paul D. Orange, MD 4225 Lincoln Way East Fayetteville, PA 17222 (family doctor) Carlisle Regional Medical Center 361 Alexander Spring Road Carlisle, PA 17015 (hospital) Appalachian Orthopedic Center Michael J. Oplinger, MD 1 Dunwoody Drive Carlisle, PA 17015 (orthopedic doctor) Rehab Options 417 Village Drive #4 Carlisle, PA 17015 (therapy) 5. Was it necessary for you to undergo any suraery as a result of any injuries you sustained in this accident? If so, please state: (a) the nature or type of surgery you underwent; (b) the date of the surgery; (c) where the surgery was performed; and (d) the full name and address of the physician who performed the surgery. ANSWER: a. I have a rotator cuff repair and decompression as needed surgery scheduled b. October 20, 2014 c. It will be performed at the Carlisle Regional Medical Center . d. Dr. Oplinger (see above) 6. Did you undergo any physical therapy as a result of the subject accident? If so, please state: (a) the name and address of the facility where you underwent physical therapy; (b) the date(s) you attended physical therapy; and (c) the nature of the treatment you received at physical therapy. ANSWER: 6. Yes a. Rehab Options (see above) b. Start date was 8/15/12 c. See records 7. Did you undergo any diagnostic studies, including but not limited to, x-rays, CT scans, or MRI scans following the subject accident? If so, please state: (a) the part of your body which was studied; (b) the type of diagnostic study; (c) the date of each diagnostic study; (d) where each diagnostic study was performed; and (e) the result of each diagnostic study. ANSWER: 7. Yes a. CT of the cervical spine, head and brain- done 8/1/12 in ED at CRMC (severe whiplash) MRI of cervical spine, thoracic spine and Left shoulder -done at CRMC 12/20/12 due to pain not improving (partial tear found) MRI of Left shoulder -done 2/10/14 at CRMC (follow up to see if any improvement before moving forward with the surgery -partial tear still there and the same with the new finding of bursitis (inflammation)) III. MEDICAL EXPENSES 8. Please set forth the total amount of medical bills incurred to date for treatment rendered to you as a result of the subject accident. ANSWER: 8. See records for past and more to come with surgery being done. 9. Please set forth the total amount of medical bills which were paid by Plaintiff's first party carrier or any other source. (Please set forth the amount of first party medical coverage and the amount of bills which were paid by that coverage after Act 6 reduction). ANSWER: See attached medical bills. 10. Please indicate the total amount of unpaid medical bills relating to the subject accident. ANSWER: 10. None at this time 11. Please indicate whether Plaintiff's first party carrier refused to pay any medical bills and, if so, please state: (a) the name and address of the medical provider whose bills were refused for payment; (b) the reason your first party carrier refused payment; (c) whether your first party carrier submitted any of your bills to a PRO; and (d) whether a PRO determined that any treatment following this accident was not reasonable or medically necessary. If so, please describe. ANSWER: See attached medical bills IV. PRIOR/SUBSEQUENT INJURIES/MEDICAL TREATMENT 12. Before the date of the accident alleged in the Complaint, did you consult with or receive any treatment for any reason (other than for the subject accident) from any physician, chiropractor, or other health care provider. If so, please provide the name and address of the provider as well as the nature and dates of the treatment received. ANSWER: 12. No 13. Were you ever involved in any accident of any kind (including, but not limited to, auto accidents, slip and falls, sports injuries, or any other mishap which resulted in injury to you no matter how minor) before the date of the accident alleged in the Complaint? ANSWER: 13. No 14. If the answer to the preceding Interrogatory is "yes," please state: (a) the date of each accident; (b) a description of each accident; (c) the nature of any injuries received in each accident; and (d) the name and address of each doctor, chiropractor, hospital, or other medical provider who provided treatment to you as a result of each accident. ANSWER: 14. N/A 15. Have you undergone any diagnostic testing, including, but not limited to, x-rays, CT scans, or MRI scans before the date of the subject accident? If so, please state: (a) the part of the body studied; (b) the name and address of the place where the x-rays were taken; (c) the name and address of the person who took them; (d) the date each was taken; and (e) what part of your body was x-rayed and what it disclosed. ANSWER: MRI of head at Summit Health in Chambersburg, PA more than 8 years ago, ordered by Dr. Orange. No significant findings. 16. After the date of the accident alleged in the Complaint, did you consult with or receive any treatment for any reason (other than for the subject accident) from any physician, chiropractor, or other health care provider. If so, please provide the name and address of the provider as well as the nature and dates of the treatment received. ANSWER: 16. Family doctor as needed 17. Have you been involved in any accident of any kind (including, but not limited to, auto accidents, slip and falls, sports injuries, or any other mishap which resulted in injury to you no matter how minor) after the date of the accident alleged in the Complaint? ANSWER: 17. When the lady backed into me in the parking lot at Rehab options, bumper needed repainted on the van. Both insurance policies paid both parties to have vehicles fixed. 18. If the answer to the preceding Interrogatory is "yes," please state: (a) the date of each accident; (b) a description of each accident; (c) the nature of any injuries received in each accident; and (d) the name and address of any doctor, chiropractor, hospital, or other medical provider who provided treatment to you as a result of each accident. ANSWER: 18. a. 2/12/2013 ? b. Another vehicle and I were backing out of stalls in the parking lot and hit bumpers c. No injuries d. none 19. Have you ever filed a claim for Social Security Disability benefits in your lifetime? If so, please state: (a) the date the claim for disability was made; (b) the address of the office where the claim was made; (c) the nature of the disability claimed; (d) whether the claim was granted or denied; and (e) the amount of any benefits you received for such claim. ANSWER: 19. No 20. Have you ever filed a claim for disability under any disability insurance policy? If so, please state: (a) the date the claim was made; (b) the name and address of the disability insurance carrier; (c) the nature of the disability claimed; and (d) the amount of any benefits received. ANSWER: 20. I will be claiming short term disability due to having surgery and being off work. 21. Have you filed a claim for workers' compensation before the date of the subject accident? If so, please state: (a) the date the workers' compensation claim was made; (b) the nature of the work-related accident; (c) the nature of any injuries received in the work-related accident; (d) the name and address of your employer for each workers' compensation claim; (e) the name of the workers' compensation carrier who paid you benefits; and (f) the amount of workers' compensation benefits paid to you as a result of each claim. ANSWER: 21. No 22. Please state the name and address of your family doctor(s) for the ten (10) year period before the date of the subject accident. ANSWER: 22. Paul D. Orange, MD 4225 Lincoln Way East Fayetteville, PA 17222 V. EMPLOYMENT/WAGE LOSS 23. If employed at the time of the accident, please state: (a) the name and address of your employer at the time of the accident; (b) the position you held and the nature of the work you performed; (c) the name and address of your immediate supervisor; (d) your salary or rate of pay; and (e) please set forth the total amount of your wage loss to date as a result of the subject accident. (Please also set forth how your wage loss claim was calculated.) ANSWER: 23. a. Carlisle Regional Medical Center 361 Alexander Spring Road Carlisle, PA 17015 b. Registered Nurse (see job description) c. Laurie Barrick, Charge nurse d. $25.84/hr e. Have not yet determined the extent of wage loss as we are in the process of hiring an expert to determine all wage loss past and future. We will supplement these answers with an expert report at the time one becomes available. 24. Please 'state whether you have received any payments from your first party carrier or any other source for loss of income. If so, please state the total amount received. ANSWER: 24. none 25. Please state whether you ever filed a claim for unemployment compensation. If so, please state when you received unemployment compensation benefits, the amount received, and the time period when you received such benefits. ANSWER: 25. No VI. DESCRIPTION OF ACCIDENT 26. State the destination and the purpose of the trip in which you were engaged at the time of the accident. ANSWER: 26. I was heading home to the Shippensburg address from work. 27. Describe specifically and in detail how the accident occurred. ANSWER: 27. I was sitting at the stop sign of the off ramp 1-81 exit 29 positioned to make a right hand turn. I looked both ways to make sure it was clear and looked left again because it is hard to see on the other side of the bridge. Just as I was ready to pull out the next thing I knew I got hit with an impact from behind. I looked up at my rearview mirror to see what happened because I thought from the impact a large vehicle had hit me. To my surprise the review mirror was gone. I pulled forward and off to the side of the road and when I got to looking I found my rearview mirror in the back on the floor behind the front seats. My change that was in the cup holder section was all over the back floor. I got out of the van and the defendant got out of his vehicle and said "Are you ok?" I said, "Yes, I think so." The cops were called and a report was done. A citation was issued to the defendant. He told the cop that he thought I had already pulled out. Insurance information was exchanged prior to the arrival of the cops because there was damage to my vehicle. I was wearing my seat belt at the time of the accident and as we were waiting for the cop to show up my neck kept getting stiffer. By the time he was done with the report and all the information was exchanged I could barely move my neck/ head. I did not want an ambulance and I told the cop and the defendant that I was going to drive to Carlisle Hospital that night to get checked out due to the rapid rate of stiffness that occurred. That is what I did, my husband drove me to the hospital. 28. Were you using a cellular/mobile phone at the time of the accident? If so, please state: (a) the name and address of your cellular/mobile phone service provider; (b) the name and address of the person to whom you were speaking; (c) whether the cellular/mobile phone was a hand held or "hands free" model. ANSWER: 28. No 30. Were you on business at the time of the subject accident? If so, have you made any claims for workers' compensation or received any workers' compensation benefits from any carrier as a result of this accident? If so, please state: (a) the name and address of the carrier; (b) the amount of benefits paid to date; (c) whether any claim for workers' compensation benefits has been denied; and (d) whether any payment of benefits has been suspended, modified, or discontinued and the reason therefore. ANSWER: 30. No VII. VEHICLE/INSURANCE INFORMATION 31. Please state whether you or a resident relative of your household owned a motor vehicle on the date of the accident. If so, please state: (a) the make, model, and year of the vehicle(s); (b) the registered or titled owner(s) of the vehicle(s); (c) whether the vehicle(s) was insured. If so, the name of the insurance carrier; (d) whether the full or limited tort selection was made under any applicable policy; (e) the amount of first party medical coverage under the subject policy; (f) the amount of first party wage loss coverage under the subject policy; and the amount of uninsured/underinsured (UM/UIM) coverage under the subject policy. (g) ANSWER: Yes, the vehicle involved in the accident that had to be repaired. Erie Insurance. 32. Please state whether you were an insured or named insured under any other motor vehicle insurance policy in effect at the time of the subject accident. If you were, please provide the following information: (a) the name of the insurance carrier; (b) the policy number; (c) the applicable policy dates; (d) whether you selected the full tort or limited tort option; and (e) a description of the vehicle(s) insured by the subject policy including the vehicle make and model, vehicle identification number (VIN), and the name of the registered or titled owner of the vehicle(s); (t) the amount of first party medical coverage under the subject policy; and (g) ANSWER: the amount of first party wage loss coverage under the subject policy. 39. No, only the above policy was effective 33. Please state whether you have made a claim for, or received, benefits of any kind under the applicable policy. In particular, please identify whether you have made any claim for uninsured or underinsured motorist benefits under the applicable policy. ANSWER: A claim has been opened for potential uninsured or underinsured motorist benefits under my insurance policy but it is unknown whether such a claim will need to be acted upon until the current matter is resolved so at this time the underinsurance remains open. Respectfully submitted, ONE, DUNCAN, & LINSENBACH, P.C. JASON B. DUNCAN, ESQUIRE PA I.D. #87946 3 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 VERIFICATION Understanding that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, Unsworn falsification to Authorities, I verify that I am a plaintiff, in the above matter and that, after inquiry, the facts set forth in the foregoing answers to interrogatories are true, correct, and complete to the best of my knowledge, information and belief. DATE: l9Co// ,,a444.„ Jolene John CERTIFICATE OF SERVICE I, T.✓re..evl , do certify that I have served a copy of Plaintiff's Answers to Defendant's Interrogatories and Requests for Production of Documents upon the following by first class mail: DATE: /2l Z/ Kevin D. Rauch, Esquire Summers, McDonnell, Hudock & Guthrie, P.C. 945 E. Park Drive Suite 201 Harrisburg, PA 17111