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Home My WebLink About06-0285 " " -~ II II I, I' II II II II II II II II II ORIGINAL ANGINa & ROVNER, P.c. Richard A. Sadlock, Esquire Attorney 10#: 4728\ 4503 North Front Street Harrishurg, PA 17110-1708 PHONE: (717) 238-6791 FAX (717) 238-56\0 E-mail: rsadlock@an2:ino-rovner.com BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff Attorneys for Plaintiffs: Brian Soeck and Rachel Soeck IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (!{u~ {tal v. NO. Db - ;J..ps II II II II II [ II I] II Ii II II I I WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against th,e 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 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 LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 II II \1 I II II II Ii II II I I II II I I I II II II II 1\ II Ii I I II II II II II \1 II II II A VISO USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y A vi so radicando personalmente 0 par medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclaraada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado par el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero 0 propiedad u otros derechos importantes para used. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OF/CINA. ESTA OF/CINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES PO SIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 317173 .11 I! II \1 I: Ii II II II II II II II II ANGINa & ROVNER, P.C. Richard A Sadlock, Esquire Attorney ID#: 47281 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rsadlock@angino-rovner.com Attorneys for Plaintiffs: Brian Speck and Rachel Speck II II II II II 1\ I I II I II Ii \ II II Ii 1\ II II I BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. (};u~L '-r~ NO. O~ - dP..s; WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Defendants JURY TRIAL DEMANDED COMPLAINT I. Plaintiff Brian Speck is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 337 Juniper Street, Carlisle, Cumberland County, Pennsylvania. 2. Minor Plaintiff Rachel Speck was born on January 9, 1990, and resides with her father and natural guardian, Brian Speck, at 337 Juniper Street, Carlisle, Cumberland County, Pennsylvania.. 3. Rachel Speck has selected her father and natural guardian, Brian Speck, to represent her interests in this matter. .11 II 4. Defendant Wilbert B. Bollinger is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 7812 Jonestown Road, Harrisburg, Dauphin County, Pennsylvania. 5. Defendant Twyla J. Bollinger is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 7812 Jonestown Road, Harrisburg, Dauphin County, Pennsylvania. 6. Defendant Thomas M. McCarty is an adul.t individual, citizen of the Commonwealth of Pennsylvania, who resides 2775 Thombridge Road East, York, York County, Pennsylvania. 7. Defendant Tan & Health Supply, Inc. is a corporation incorporated under the laws of the Commonwealth of Pennsylvania with its principal center of operation at 2960 Grenway Road, Dover, York County, Pennsylvania. 8. The facts and occurrences hereinafter related took place on or about April 7, 2004, at approximately 1 :45 p.m., on State Route 74 in South Middleton Township, Cumberland County, Pennsylvania. 9. At that time and place, Minor Plaintiff Rachel Sp<'ck was a passenger in a 2004 Jeep Grand Cherokee driven by her father Brian Speck. 10. At that time and place, the Speck vehicle was traveling in a nOl1hbound direction on State Route 74, South Middleton Township, Cumberland County, Pennsylvania. 314165 2 II II I, II 1\ II II II I II I II II I I II II II I [I II II II II I I II I II I] 11. At that time and place, Defendant Wilbert B. Bollinger was operating a 1989 Ford Econoline owned by Defendant Twyla J. Bollinger and was traveling in a northbound direction on State Route 74, South Middleton Township, Cumberland County, Pennsylvania. 12. At that time and place, Defendant Thomas M. McCarty was operating a 199] Ford Econoline owned by Defendant Tan & Health Supply, Inc. and was traveling in a northbound direction on State Route 74, South Middleton Township, Cumberland County, Pennsylvania. 13. At all times relevant to the claim herein, Defendant Thomas M. McCarty was operating the Ford Econoline in the scope and course of his employment for Defendant Tan & Health Supply, Inc. 14. At that time and place, Plaintiff Brian Speck had come to a stop due to traffic. 15. At that time and place, Defendant Wilbert B. BoJ'linger failed to see that traffic was stopped on northbound State Route 74, failed to stop his vehicle, and caused a violent collision to occur between multiple vehicles. 16. At that time and place, Defendant Wilbert B. Bollinger's vehicle collided violently with the rear portion of Plaintiff Brian Speck's vehicle. 17. At that time and place, the violent impact forced Plaintiff Speck's vehicle forward causing the front portion of his vehicle to collide with the rear portion of Gerald Light's vehicle. 18. At that time and place, Defendant Thomas M. McCarty failed to see that traffic was stopped on northbound State Route 74, failed to stop his vehicle, and caused a violent collision to occur between multiple vehicles. 314[65 3 1\ II II II II \ II II I \ II 1\ II II \ II [I 1\ \ 1\ II II I .1 II I .1 I 19. At that time and place, Defendant Thomas M. McCarty's vehicle collided violently with the rear portion of Defendant Wilbert B. Bollinger's vehicle. 20. At that time and place, the violent impact forced Defendant Bollinger's vehicle forward causing the front portion of his vehicle to collide a second time with the rear portion of Plaintiff Speck's vehicle. 21. As a result of the aforementioned accident, Minor Plaintiff Rachel Speck sustained painful and severe injuries which include, but are not limited to, severe cervical, thoracic and lumbar strain/sprain and chronic headaches. 22. By reason of the aforesaid injuries sustained by Minor Plaintiff Rachel Speck, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 23. Because of the nature of her injuries, Minor Plaintiff Rachel Speck has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 24. As a result of the aforementioned injuries, Minor Plaintiff Rachel Speck has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 25. As a result of the aforementioned injuries, Minor Plaintiff Rachel Speck has been and in the future will be subjected to great humiliation and embarrassment, and claim is made therefor. J]4]65 4 .11 II I, II II \i II 1\ II II II 1\ II II II II II II II II II II I 26. As a result of the aforementioned injuries, Minor Plaintiff Rachel Speck continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. COUNT I BRIAN SPECK, PARENT AND NATURAL GUARDIAN OF RACHEL SPECK, A MINOR v. WILBERT B. BOLLINGER 27. Paragraphs 1 through 28 of Plaintiffs' Complaint are incorporated herein by reference. 29. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Minor Plaintiff Rachel Speck are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Wilbert B. Bollinger operated the 1989 Ford Econoline as follows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to keep a proper watch for traffic on the highway; (d) failure to take reasonable evasive action to avoid the accident; (e) failure to have proper and adequate control over his vehicle; (f) failure to apply his brakes in sufficient time to avoid the colliding with Plaintiff Brian Speck's vehicle; 314165 5 II II II II II II II II II II II II I Ii I 1\ II II I II II II I (g) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with carekss disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT II BRIAN SPECK, PARENT AND NATURAL GUARDIAN OF RACHEL SPECK, A MINOR v. TWYLA J. BOLLINGER 30. Paragraphs I through 29 of Plaintiffs' Complaint are incorporated herein by reference. 31. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Minor Plaintiff Rachel Speck are the direct and proximate result of the negligence of Twyla J. Bollinger for entrusting the 1989 Ford Econoline to Defendant Wilbert B. Bollinger as follows: (a) penmttmg Defendant Wilbert B. Bollinger to operate the 1989 Ford Econoline although she knew or should have known that he did not have any training experience and judgment to adequately control and operate the vehicle; (b) permitting Defendant Wilbert B. Bollinger to drive the vehicle, although she knew or should have known that he was carel ess and reckless in the operating of motor vehicles; (c) failing to properly supervise the operation and use of the vehicle by Defendant Wilbert B. Bollinger; (d) permitting Defendant Wilbert B. Bollinger to operate the vehicle although she knew or should have known he was not qualified to do so; and 1\ II 314165 1\ 6 II II Ii II II 1\ \1 II II II II 1\ II I I I I II II II II II II I \ (e) permIttmg Defendant Wilbert B. Bollinger to aperate the vehicle In vialatian af the Matar Vehicle Code af the Commanwealth af Pennsylvania. COUNT III BRIAN SPECK, PARENT AND NATURAL GUARDIAN OF RACHEL SPECK A MINOR v. THOMAS M. MCCARTY 32. Paragraphs 1 thraugh 31 of Plaintiffs' Camplaint are incarparated herein by reference. 33. The faregaing accident and all of the injuries and damages set forth hereinafter sustained by Minor Plaintiff Rachel Speck are the direct and proximate result of the negligent, careless, wantan and reckless manner in which Defendant Thomas M. McCarty aperated his mator vehicle as fallows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch far the presence af other mator vehicles on the highway; (c) failure to' keep a proper watch for traffic on the highway; (d) failure to take reasonable evasive actian to avoid the accident; (e) failure to have praper and adequate contral over his vehicle; failure to apply his brakes in sufficient time to avoid the colliding with Defendant Bollinger's vehicle causing a second collision with Plaintiff Speck's vehicle; (f) 314165 7 .11 II \1 II II I I II 1\ II II I II II I II reference. II II II II II I I II II II 1\ 1\ II II II II (g) 34. 35. driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT IV BRIAN SPECK, PARENT AND NATURAL GUARDIAN OF RACHEL SPECK, A MINOR v. TAN & HEALTH SUPPLY, INC. Paragraphs I through 33 of Plaintiffs' Complaint are incorporated herein by The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Minor Plaintiff Rachel Speck are the direct and proximate result of the negligence of Tan & Health Supply, Inc., for entrusting the 1991 Ford Econoline to Defendant Thomas M. McCarty as follows: (a) (b) (c) (d) 314165 permitting Defendant Thomas M. McCarty to operate the 1991 Ford Econoline although the corporation knew or should have known that he did not have adequate experience and judgment to adequately control and operate the vehicle; permitting Defendant Thomas M. McCarty to operate the 1991 Ford Econoline although the corporation knew or should have known that he was careless and reckless in the operating of motor vehicles; failing to properly supervise the operation and use of the vehicle by Defendant Thomas M. McCarty; and permitting Defendant Thomas M. McCarty to operate the 1991 Ford Econoline in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 8 (d) perrmttmg Defendant Thomas M. McCarty to operate the 1991 Ford Econoline in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff Brian Speck, as parent and natural guardian of Rachel Speck, a minor, demands judgment against Defendants, Wilbert B. Bolling<er, Twyla J. Bollinger, Thomas M. McCarty, and Tan & Health Supply, Inc. in an amount in excess of Thirty-Five Thousand Dollars ($35,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINa & ROVNER, P.C. -------- ~ ./ ~r~il()Ck, Esquire 1.D. No. 47I81 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: January 11,2006 314165 9 II \1 \1 \1 \1 \1 \1 I I I Ii VERIFICATION J, Brian Speck, as parent and natural guardian of Rachel Speck, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set DJrth in the foregoing are true and cOlTect to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ...----- -- /' .... . ~~fi~ .t::~-<"J Brian Speck -- . Dated: !2/;{jI)// 314782 fIo... - (J +~~ <A ~ ~ f""'\ ~ ~ v ~ D -cJ \Y ?-- f c.,, G r".. c- 'J , " \ ";1 ~~._~ :~~ :" ~--- r'~J ,'i.1 C,' \ _1 .< r',; - , F\FILES\DATAF]LE\Slale7550\C~rrent\111\pra, I/ajt Crealed 9/20/04006PM Revised \/30106036PM 7550,]11 Daniel K. Deardorff, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendants Wilbert B. Bollinger and Twyla J. Bollinger BRAIN SPECK, as Parent and Natural Guardian of RACHEL SPECK, a Minor, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-285 CIVIL ACTION - LAW WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Defendants Wilbert B. Bollinger and Twyla J. Bollinger in the above matter and we reserve the rightto file a responsive pleading to the Complaint. MARTS ON DEARDORFF WILLIAMS & OTTO By ~ !( { Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Wilbert B. Bollinger and Twyla J. Bollinger Dated: January 30,2006 ., . CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson DeardorffWiIIiams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PAl 7 II 0-1708 Thomas M. McCarty 2775 Thombridge Road East York, PA 17404 Tan & Health Supply, Inc. 2960 Grenway Road Dover, PA 17315 MARTSON DEARDORFF WILLIAMS & OTTO Dated: January 30,2006 r' ....., 0 c'"' ~=. r::;::'.) .." ;:;::r> i;~ '- .-4 ~i ~~ ?);-n 'r' ~ .-,..,f"T"': (,.) :-.,.n 0 :;j;i, .,::.'!.::r. "4j . ") ~1,.1 -"" ~~:: (j ~:~) rn '-:? ~ t.) ~i1 N .< F '"fIL[S....DATAI.ILt...Slal~~)~()..cLlIWlll',.I:: lJ,;I..LJI Cr('.\\~<1 ::,Lu(\ ~ YiA\\ R~,i,,'J: :.:.1.;" 'I 1.1,\\1 ~~5il I : 1 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendants Wilbert B. Bollinger and Twyla J. Bollinger IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN SPECK, as Parent and Natural Guardian of RACHEL SPECK, a Minor, Plaintiff v. NO. 06-285 CIVIL ACTION - LAW WILBERT B. BOLLINGER, TWYLA 1. BOLLINGER, Defendants v. THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Additional Defendants: JURY TRIAL DEMANDED DEFENDANTS WILBERT B. BOLLINGER AND TWYLA J. BOLLINGER'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NEW MATTER IN THE NATURE OF A CROSSCLAIM TO: BRIAN SPECK, as Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff, and their attorney, RICHARD A. SADLOCK, ESQUIRE AND THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Additional Defendants YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MAHER AND NEW MAHER IN THE NATURE OF A CROSSCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU. AND NOW come Defendants Wi Ibcrt B. Bollingcr and Twyla J. Bollinger by and through her attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and hcreby respond to Plaintiffs Complaint as follows: 1-26. Denied pursuant to Pa R. C. P. 1029(e). COUNT I Brian Speck, as Parent and Natural Guardian of Rachel Speck, a minor v. Wilbert B. BolIinl!er 27. Paragraphs I through 26 of Defendants' Answer is incorporated herein by reference. 28. Omitted. 29. Dcnied pursuant to Pa R. C. P. 1029(e). COUNT II Brian Speck, as Parent and Natural Guardian of Rachel Speck, a minor v. Tvwla J. BoIlinl!er 30. Paragraphs I through 29 of Defendants' Answer is incorporated herein by reference. 31. Denied pursuant to Pa R. C. P. 1029(e). COUNT III Brian Speck, as Parent and Natural Guardian of Rachel Speck, a minor v, Thomas McCartv 32-33. Not applicable to Defendants Wilbert B. Bollinger or Twyla J. Bollinger. COUNT IV Brian Speck, as Parent and Natural Guardian of Rachel Speck, a minor v. Tan & Health Supplv. Inc, 34-35. Not applicable to Defendants Wilbert B. Bollinger or Twyla J. Bollinger. WHEREFORE, Defendants Wilbert B. Bollinger and TwylaJ. Bollingerdemandjudgment in their favor and against Plaintiffs. NEW MATTER 36. The averments of paragraphs I through 35 ofthis Answer are incorporated herein by reference and made a part of this New Matter. 37. The Plaintiffs' claims may be barred by the applicable statute of limitations. 38. The Plaintiffs' recovery is barred orreduced by the Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 39. Plaintiffs or their representatives may have chosen the limited tort option by signing a valid selection form. 40. Plaintiffs' injuries do not involve death, serious impail111ent ofbodily fimction orpennanent disfigurement. 41. At the time ofthe accident, the vehicle driven by Defendant Wilbert B. Bollinger and owned by Twyla J. Bollinger was stopped, but then it was rear-ended by the vehicle operated by Additional Defendant Thomas M. McCarty and owned by Additional Defendant Tan & Health Supply, Inc., causing the Bollinger vehicle to move forward and strike the vehicle operated by Plaintiff Brian Speck. 42. Accordingly, the accident was caused by the acts and omissions of others, including Additional Defendant Thomas M. McCarty and Additional Defendant Tan & Health Supplies, Inc. WHEREFORE, Defendants Wilbert B. Bollinger and Twyla 1. Bollinger demand judgment in their favor and judgment against Plaintiffs. NEW MATTER IN THE NATURE OF A CROSSCLAIM Al!ainst Additional Defendants Thomas M. McCartv and Tan & Health Supply. Inc. 43. For the purposes of this crossclaim, paragraphs 1 through 3, 6 through 10,14, 18 through 21, and 32 through 35 are incorporated herein by reference. 44. In the event that the Plaintiffs are entitled to a recovery, it is averred by Defendants Wilbert B. Bollinger and TwylaJ. Bollinger that Additional Defendant Thomas M. McCarty and Additional Defendant Tan & Health Supply, Inc., are solely liable to the Plaintiffs or liable over for indemnity and contribution to Defendants Wilbert B. Bollinger and Twyla J. Bollinger. 45. Defendants WilbertB. Bollinger and TwylaJ. Bollingermakethis crossclaim to preserve their right against Additional Defendants Thomas M. McCarty and Tan & Health Supply, Inc., to be solely liable to Plaintiffs or liable over to Defendants Bollinger. WHEREFORE, Defendants Wilbert B. Bollinger and Twyla 1. Bollinger demand judgment in their favor against Plaintiffs and Additional Defendants Thomas M. McCarty and Tan & Health Supply, Inc. Dated: ,~\ \:j \ (l Lv Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO By Dan~;z.t~d~0~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Wilbert B. Bollinger and Twyla J. Bollinger VERIFICATION The foregoing Answer with New Matter and New Matter in the Nature of a Crossclaim is based upon information which has been gathered bymy counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not my own. I have read the document and to the extentthat it 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 document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that in make knowingly false averments, I may be subject to criminal penalties. .~~~ Wilbert B. Bollinger F\FILESIDAT AFILEIState7550lCutrentl Illlans 1 VERIFICATION The foregoing Answer with New Matter and New Matter in the Nature ofa Crossclaim is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extentthat it 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 document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if! make knowingly false averments, I may be subj ect to criminal penalties. F\FILES\DA T AFlLE\State7550ICurrent\1I l\wsl ltl{//f, Ii 8d~, '-A\ Twy . BOllingt7 V '-- CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Malison Deardorff Williams & Otto, hereby certifY that a copy ofthe foregoing Answer with New Matter and New Matter in the Nature ofa Crossclaim was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.c. 4503 North Front Street Harrisburg, P A 1711 0-1708 Thomas M. McCarty 2775 Thombridge Road East York, PA 17404 Tan & Health Supply, Inc. 2960 Grenway Road Dover, PA 17315 MARTS ON DEARDORFF WILLIAMS & OTTO By 01AJ\ '\ WV\;~(J.-.J Ami J. Th ma 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: fJ I i;/ D (P () -n -rj ..4 -T~ ,-.-1 G.) !",) ,.,) ~lJ c,.::, -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN SPECK, as Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiffs, v. WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. McCARTY, and TAN & HEALTH SUPPLY, INC., Defendants. #14394 CIVIL DIVISION NO. 06-285 PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant, Thomas M. McCarty Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN SPECK, as Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiffs, CIVIL DIVISION NO. 06-285 v. WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. McCARTY, and TAN & HEALTH SUPPLY, INC., Defendants. (Jury Trial Demanded) 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 & Skeel, L.L.P., on behalf of the Defendant, Thomas M. McCarty, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ! / j i . By: 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 I 'J41,,- day of ~ ' 2006. Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiffs) Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (Attorney for Defendants, Wilbert B. Bollinger and Twyla J. Bollinger) Tan & Health Supply, Inc. 2960 Grenway Road Dover, PA 17315 SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~SKEEL, L.L.P. J(r/Jil By: ~ Kevin D. Rauch, Esquire Counsel for Defendant, Thomas M. McCarty -'--, -1 r"l ,] ,-..'.) r__,) ~1 , Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendants McCarty and Tan & Health BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff v. WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. McCARTY and TAN & HEALTH SUPPLY, INC., Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF .. CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-285 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE ENTER THE appearance of the undersigned on behalf of the Defendants, Thomas M. McCarty and Tan & Health Supply, Inc., in the above-captioned matter. DATE: ,(, / :x.> /o{, 269346 JOH~S N, DUFFIE, STEWART & WEIDNER By Je rson J. Shipman, Esquir At rneys 1.0. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0.109 e-mail: jjs@jdsw.com Attorneys for Defendants McCarty and Tan and Health . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on pl./ ~ lex:.. , I Richard A. Sad lock, Esquire Angino & Rovner, P.C. 4503 North F rent Street Harrisburg, PA 17110 Attorneys for Plaintiff Wilbert B. Bollinger Twyla J. Bollinger 7812 Jonestown Road Harrisburg, PA 17112 JOHNSON, DUFFIE, STEWART & WEIDNER /' ,/ Je rson J. Shipman, E uire I. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants, McCarty and Tan&Health 269324 <~ ,) -n :.--.1 r. ~ r~,') r,,) ;'- ...-' Ii ANGINa & ROVNER, P.e. Richard A. Sadlock, Esquire Attorney ID#: 47281 4503 North Front Street Harrisburg. PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rsadlock@angino-rovner.com Attorneys for Plaintiffs: Brian Speck and Rachel Speck BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW v. NO. 06-285 Civil Term WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT WILBERT B. AND TWYLA J. BOLLINGER AND NOW comes the Plaintiff, by and through his attorneys, Angino & Rovner, P.C., and hereby enter the following Reply to the New Matter of Defendants as follows: 36. Answering Defendants' averment does not required a responsive pleading. Plaintiff incorporates his Complaint herein by reference. 37. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically I I I denied. By way of amplification, Plaintiffs Complaint was filed well within the applicable statute of limitations. 38. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of minor Plaintiff Rachel Speck's injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages minor Plaintiff may recover herein. 39. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, minor Plaintiffs father, Brian Speck, selected the full tort option on his policy. Therefore, minor Plaintiff Rachel Speck is entitled to maintain an action for non- economic losses. Further, minor Plaintiff Rachel Speck did suffer a serious injury. The Declaration Page is attached hereto as Exhibit A. 40. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, minor Plaintiff Rachel Speck's injuries do involve serious impairment of bodily function. 41. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, see Plaintiff's Complaint. 320446 I I L 42. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, see Plaintiff's Complaint. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in their favor against the Defendants. ANGINO & ROVNER, P.c. Richar Sadlock, Es LD. No. 472 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 Counsel for Plaintiff Date: February 28, 2006 320446 I L VERIFICATION I, Brian Speck, as parent and natural guardian of Rachel Speck, have read the foregoing II 1,1 II II Ii I Ii REPLY TO NEW MATTER OF DEFENDANTS BOLLINGER and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I und,~rstand that this Verification is maue subj~ct to the pena~t;e5 of 18 Pa.C.s.A. Section 4904, relating to unsworn falsification to authorities. It' -'f j /1 /r ~--[f ' '~rae:A . Witness/ v Dated: ~'~C.J 314782 I ,~ , <J<~[ /.-b "__ j~- {; c~~/~ Bnan Speck L PLAINTIFF'S I EXABIT - -..:.::::..-,~~'2::~~g:'~' "state Insurance Company ~AlIstate. You're in good hands. RENEWAL Auto Policy Declarations Summary NAMED INSURED(S) Brian A & Nancy R Speck 337 Juniper SI Carlisle PA 17013-2525 YOUR AllSTATE AIiENT IS V Berry Assoc (717) 5414390 YOUR Bill lisls your paymenl options. 5 N Progress Avenue Harrisburg PA 171 Og POLICY NUMBER o 28 923256 12/26 POLICY PERIOD Dec. 26, 2003 to June 26, 2004 a112:01 a.m. standard time DRIVER(S) LISTED Brian Nancy Marta DRIVER(S) EXCLUDED None VEHICLES COVERED 1. 00 Plym Truck Grnd Voyager 2. 02 Chrysler PI Cruiser VEHICLE ID NUMBER 2P4GP44G7YR649011 3C8FY58B02T236965 LIENHOLDER Chrysler Financial Chrysler Financial Total Premium Premium lor 00 Plym Truck Grnd Voyager Premiurn for 02 Chrysler PI Cruiser $662.60 $3B380 $1,046.40 TOTAL I Your total premium reffects a combined discount of $612.20 Your Policy EffBCtillIJ DatfJ is D8c, 26, 2003 IN ACCORDANCE WITH SECTION 1T25 OF THE MDTDR VEHICLE FINANCIAL RESPONSIBIlITY lAW. THIS IS TO INFORt! YOU 1HA1 COllISION DAMAGE 10 A RENTAl VEHICLE Will BE COVEREO IF: 1) THE REmAl VEHICLE IS AfaUll WHEEl PRIVATE PASSENGER AUTOMOBilE OR A UTilITY AUTDMOBllE. AND 21 AT lEAST ONE PREMIUM FOR AUTO COLLISION COVERAGE APPEARS ON YOUR POLICY OECLARATIONS. COVERAGE WIll BE SUBJECTTO DEDUCTIBlES AND TO POLICY TERMS AND CONOITIONS. INClUOING ANY APPLICABLE ENDORSEMENTS. l~ill mjlir(~[mliriIUiiwll~II~II~II~'I~' ~~ ~~IIIII ~illl~ ~I~ ~i ~~ ~I~ I'III~II~ Page 11,llOlir:31Ion.\ul Novm~er 25,~!lU~ PAD1URBD , ~\' . I I \ ~ I, !' .\ Allstate Insurance Company I P.licy Numb" : 028 923256 12126 Your Agenl: V Berry Ass., (717) 541-4390 Policy Effective Dale: Dec. 26, 2003 COVERAGE FOR VEHICLE # 1 2000 Plym Truck Grnd Voyager COVERAGE LIMITS DEDUCTIBLE PREMIUM Automobile Liability Insurance -- Full Tort . Bodily Inlury $100,000 each person Not Applicable $10B.00 $300.000 each occurrence . Property Damage $100,000 each occurrence Not Applicable $10000 Medi cal Expenses $10,000 each person Not Applicable $35.00 Funeral Expenses $2.500 each person Not Applicable $0.40 Income Loss Each person up to $5.000 maximum benefit Not Applicable $5.00 Subject to $1,000 monthly maximum Uninsured Motorists Insurance $15.000 each person Not Applicable $13.40 Full Tort I Stacked Limits $30,000 each accident Underinsured Motorists Insurance $15,000 each person Not Applicable $11.80 Full Torl! Stacked LimiIs $30,000 each accident Auto Cc!!ision Jnsuranc~ Actual Cash Value $500 $28000 Auto Comprehensive Insurance Actual Cash Value $0 $82.00 Towing and Labor Costs Coverage $50 each disablement Not Applicable $7.50 Rental Reimbursement Coverage up to $20 per day for Not Applicable $1950 a maximum of 30 days Tolal Premiom for 00 Pfym Trock Grnd Voyager $662.60 DISCOUNTS Your premium lor this vehicle reflects the following discounls: Driver Training $74.00 Multiple Car $66.00 Passive Restraint $15.10 Multiple Policy $38.00 Antilock Brakes $54.00 Premier Plus $151.00 Keep in mind that we offer a number of other discounts that may save you money. More information an be found on the Your Savings and Rewards Notice that immediately follows the cover letter in this mailing. RATING INFORMATION This vehicle is driven over 7,500 miles per year, over 20 miles to work/school, unmarried age 17, limited use Inrurm~1I0rla:;bl "u~erllb.r 2S. 2{JU:> Page 2 PA,)j"RB[l .,'",.( Alflll'."'" \"I"m,,,I,,,,,", ,I 1\",<,',,',,"'" ,<ii"' "state Insurance Company ~AlIstate. 'oli,y Number: 0 28 92325612/26 Polity Elfactive Date: Dec. 26, 2003 . COVERAGE FOR VEHICLE # 2 2002 Chrysler Pt Cruiser You're in gDDd hands. Your Agenl: V 8erry Asso, (717) 541.4390 each person each occurrence each occurrence I DEDUCTIBLE PREMIUM I Not Applicable $53.00 I I Not Applicable $58.00 I Not Applicable $25.00 Not Applicable $OAO Not Applicable $3.00 Not Applicable $13.30 Not AppliGable $11.80 ------,-----~~ $500 $141.00 $0 $59.00 Not Applicable $7.50 Not Applicable $11.80 -- $383.80 COVERAGE LIMITS Automobile Liability Insurance . Bodily Injury . Property Damage Medica' Expenses Funeral Expenses Income Loss Each person up to Subject to Uninsured Motorists Insurance Full Tort I Stacked Limits Underinsured Motorists Insurance Full Tort I Stacked Limits .. Full Tort $100,000 $300,000 $100,000 $10,000 $2.500 $5.000 $1,000 $15,000 $30,000 $15,000 $30,000 each person each person maximum benefit monthly maximum each person each accident each person each accident Auto Collisionlnsufance Auto Comprehensive Insurance Actual Cash Value Rental Reimbursement Coverage Towing and Labor Costs Coverage $50 Actual Cash Value each disablement up to $20 per day for a maximum of 30 days Total Premium lor 02 Chrysler PI Cruiser DISCOUNTS Your premium for this vehicle reflects the following discounts: Multiple Car $65.00 Passive Restraint Multiple Policy $22.00 Antilock Brakes Premier Plus $86.00 Keep in mind that we otter a number of other discounts that may save you money. More information an be tound on the Your Savings and Rewards Notice that immediately follows the cover letter in this mailing. $1310 $28.00 RATING INFORMATION This vehicle is driven over 7.500 miles per year, for pleasure, adult age 44, with no unmarried driver under 25 ~ll[wf~rml~rjif~rimm~m~ll~n~~~~~~~I~I~i~imll~lim~~II~ inr'.""'"IIOIl""JI H,wernb"1 .:~. 21lloo Page 3 ,'A"1URED . " , ~ CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of Angino & Rovner, P.c., hereby certifY that a true and correct copy of the foregoing PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT WILBERT B. AND TWYLA J. BOLLINGER was served via United States first-class mail, postage prepaid, upon the following: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 Counsel for Wilbert B. and Twyla J. Bollinger Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Counselfor Thomas M McCarty Jefferson 1. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 30 I Market Street P.O. Box 109 Lemoyne,PA 17043-0109 Counsel for Thomas McCarty and Tan & Health Supply, Inc. Date: February 28, 2006 320446 . , .'! Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendants McCarty and Tan & Health BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-285 CIVIL TERM WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. McCARTY and TAN & HEALTH SUPPLY, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO: Richard A. Sadlock, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorneys for Defendants Bollingers You are hereby notified to plead to the enclosed New Matter and Cross-Claim within twenty (20) days from the date of service. JOHNS~N, DUFFIE, STEWART & WEIDNER , ' J~ erson J. Shipman, Esqui e orneys 1.0. #: 51785 3 1 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendants McCarty/Tan & Health Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendants McCarty and Tan & Health BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff IN THE COURT OF COMMON PLEAS OF .. CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-285 CIVIL TERM WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. McCARTY and TAN & HEALTH SUPPLY, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, THOMAS M. McCARTY AND TAN & HEALTH SUPPLY, INC. AND NOW, come the Defendants, Thomas M. McCarty and Tan & Health Supply Inc., by and through their counsel, Johnson, Duffie, Stewart & Weidner, and file the following Answer and New Matter and Crosse/aim: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Denied. After reasonable investigation Mr. McCarty and Tan & Health Supply, Inc., are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 3. 4. Admitted upon information and belief. 5. Admitted upon information and belief. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted upon information and belief. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. The averments contained in Paragraph 13 are conclusions of law and fact to which no response is required. 14. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14 and the same are therefore denied. 15. Admitted in part, denied in part. It is admitted only that the Defendant, William B. Bollinger, struck the rear portion of the Plaintiffs' vehicle. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 15 and the same are therefore denied. 16. Admitted in part, denied in part. It is admitted only that the Bollinger vehicle collided with the rear portion of the Plaintiff's vehicle. After reasonable investigation are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 16 and the same are therefore denied. 17. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 17 and the same are therefore denied. 18. Denied. The averments contained in Paragraph 18 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 19. Admitted in part, denied in part. It is admitted only that the McCarty vehicle came into contact with the rear portion of the Bollinger vehicle. The remaining averments of Paragraph 19 are conclusions of law and fact to which no response is required. 20. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 20 and the same are therefore denied. 21. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 21 and the same are therefore denied. 22. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 22 and the same are therefore denied. 23. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 23 and the same are therefore denied. 24. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 24 and the same are therefore denied. 25. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 25 and the same are therefore denied. 26. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 26 and the same are therefore denied. COUNT I BRIAN SPECK, PARENT AND NATURAL GUARDIAN OF RACHEL SPECK, A MINOR v. WILBERT B. BOLLINGER 27. The answering Defendants incorporate herein by reference the answers to Paragraphs 1 through 26 above as though fully set forth herein at length. 29 (sic). Denied. The averments contained in Paragraph 29 are directed to another party and accordingly no response is required. COUNT II BRIAN SPECK, PARENT AND NATURAL GUARDIAN OF RACHEL SPECK, A MINOR v. TWL Y A J. BOLLINGER 30. The answering Defendants incorporate herein by reference the answers to Paragraphs 1 through 30 above as though fully set forth herein at length. 31. Denied. The averments contained in Paragraph 31 are directed to another party and accordingly no response is required. COUNT III BRIAN SPECK, PARENT AND NATURAL GUARDIAN OF RACHEL SPECK, A MINOR v. THOMAS McCARTY 32. The answering Defendants incorporate herein by reference the answers to Paragraphs 1 through 31 above as though fully set forth herein at length. 33. Denied. The averments contained in Paragraph 33 and subparagraphs (a) through (g), are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. a. Denied. To the contrary, Mr. McCarty did have his vehicle under control at all relevant times; b. Denied. To the contrary, Mr. McCarty did keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. Denied. To the contrary, Mr. McCarty did keep a proper watch for traffic on the highway; d. Denied. To the contrary, Mr. McCarty did take reasonable evasive action to avoid the accident; e. Denied. To the contrary, Mr. McCarty did have proper and adequate control over this vehicle; f. Denied. To the contrary, Mr. McCarty did attempt to apply his brakes in sufficient time to avoid colliding with the Bollinger vehicle, which allegedly caused the second caused the second collision with the Plaintiffs' vehicle; and g. Denied. To the contrary, Mr. McCarty did operate his vehicle upon the highway in a reasonably careful manner. It is further denied that Mr. McCarty was acting in a reckless manner with careless disregard for the rights and safely of others. Finally, it is denied that Mr. McCarty violated any provision of the Motor Vehicle Code. WHEREFORE, the answering Defendants respectfully requests that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT IV BRIAN SPECK, PARENT AND NATURAL GUARDIAN OF RACHEL SPECK, A MINOR v. TAN & HEALTH SUPPLY. INC. 34. The answering Defendants incorporates herein by reference the answers to Paragraphs 1 through 33 above as though fully set forth herein at length. 35. Denied. The averments contained in Paragraph 35 and subparagraphs (a) through (d), are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a). Denied. It is specifically denied that the answering Defendant permitted Thomas McCarty to operate the vehicle while it allegedly knew, or should have known, that he did not have adequate experience and judgment to adequately control and operate the vehicle; (b). Denied. It is specifically denied that the answering Defendant permitted Thomas McCarty to operate the vehicle although it allegedly knew, or should have known, that he was careless and reckless in operating motor vehicles; (c). Denied. It is specifically denied that the answering Defendant failed to properly supervise the operation of the use of the vehicle by Mr. McCarty; and (d). Denied. It is specifically denied that the answering Defendant permitted Thomas McCarty to operate the vehicle in violation of the Motor Vehicle Code; and (d) sic. Denied. It is specifically denied that the answering Defendant permitted Thomas McCarty to operate the vehicle in violation of the Motor Vehicle Code WHEREFORE, the answering Defendants respectfully requests that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of further answer and response, the answering Defendants, Thomas M. McCarty and Tan & Health Supply, Inc., interpose the following New Matter defenses: 36. That the Plaintiffs' alleged cause of action may be barred by the provisions of the Motor Vehicle Financial Responsibility Law, 75 Pa. C.SA ~1701, et sea. 37. That if it should be found that there was any negligence on the part of the answering Defendants, which negligence is denied, then in that event any such negligence was not a substantial factor, nor factual cause of any injuries to the Plaintiffs. 38. That the Plaintiffs' alleged injuries may have been caused by third parties or entities not presently involved in this action. 39. That the Plaintiffs' alleged injuries and damages may have been caused by a sudden emergency and/or intervening superceding cause. 40. That the Plaintiffs' alleged injuries may have been caused solely by the Defendant, Wilbert B. Bollinger, over whom answering Defendants had no control. 41. That the Plaintiffs' alleged cause of action may be barred by the Pennsylvania Comparative Negligence Law. 42. That the Plaintiffs may have failed to state a cause of action upon which relief can be granted. 43. That the Plaintiffs may have failed to mitigate their damages. WHEREFORE the Defendants, Thomas M. McCarty and Tan & Health Supply, Inc., respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. CROSS-CLAIM PURSUANT TO PA. RoC.P. 2252/d) Defendants, Thomas M. McCarty and Tan & Health Supplv. Inc. v. Wilbert B. Bollinaer Answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 43 above, as though fully set forth herein at length. 44. Answering Defendants aver that if Plaintiffs sustained any damages as alleged in their Complaint, which is specifically denied as to the answering Defendants, then in that event the Defendant Wilbert B. Bollinger is alone liable, or liable over to Plaintiffs, and/or severally liable for said damages, any liability on the part of the answering Defendants being specifically denied. 45, The answering Defendants hereby cross-claim against Defendant, Wilbert B. Bollinger, to protect their right of indemnity and/or contribution and in the event that it is judicially determined that the answering Defendants are jointly or severally liable to Plaintiffs, then in that event Defendant, Wilbert B. Bollinger, is liable over to the answering Defendants, Thomas M. McCarty and Tan & Health Supply, Inc., the existence of any liability on the part of the answering Defendants being hereby expressly denied. WHEREFORE, Defendants, Thomas M. McCarty and Tan & Health Supply, Inc., respectfully request that judgment be entered in their favor and in the alternative aver that if the Plaintiffs are entitled to recover upon their Complaint, then Defendant, Wilbert B. Bollinger, is solely liable to the Plaintiffs; Defendants, Thomas M. McCarty and Tan & Health Supply, Inc., further aver that if it should be found that they are in any way liable to the Plaintiffs then in that event Defendant, Wilbert B. Bollinger, is solely liable to the Plaintiffs or liable to the answering Defendants, Thomas M. McCarty and Tan & Health Supply, Inc., for indemnity and/or contribution. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER /~7 269552 By Je erson J. Shipma ,Esquire A rneys 1.0. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendants McCartylTan & Health VERIFICATION I, Thomas M. McCarty, have read the foregoing Answer and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. ~4804. ----;?:' ^-/' <:' ~ . (-6~/'-f / - C.L--(______ Thomas M. McCarty ( DATE: 269602 VERIFICATION I, Richard Brockley, and authorized representative of Defendant, Tan & Health Supply, Inc., have read the foregoing Answer and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. !}4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. CS. !}4904. TAN & HEALTH SUPPLY, INC. By ,z~.~ Richard Br kley DATE: 269603 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on :3 /2-10," I I Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER Tan&Health 269324 B Je erson J. Shipma ,Esquire I.p'. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants, McCarty and SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00285 P COMMONWEALTH OF PENNSYLVANIA: CO~TY OF CUMBERLAND SPECK BRIAN AS GRDN OF RACHEL VS BOLLINGER WILBERT B ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BOLLINGER WILBERT B but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 14th, 2006 , this office was in receipt of the attached return from DAUPHIN -' " -~~ Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 18.00 9.00 10.00 43.25 3.51 83.76 02/14/2006 ANGINO & ROVNER So anSwEO:J;)8:" ,.... . "d" ,.,' ,..~....~...-., . /:/ ~~>.:i;::-;::: _ l...,:r:;....::::/;~;r" . ' - ~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this -' , day of f/~"A'I ,",0< Ar~ fv?( ~'CO~h alf '" /7 -- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00285 P COMMONWEALTH OF PENNSYLVANIA: ComITY OF CUMBERLAND SPECK BRIAN AS GRDN OF RACHEL VS BOLLINGER WILBERT B ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BOLLINGER TWYLA J but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 14th, 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 02/14/2006 ANGINO & ROVNER So an~yreJff'/ .~./~ .e-;i;:../~ .../ ?. .... R. Thomas Kline Sheriff of Cumberland County .? / Sworn and subscribed to before me this ... 17~ day of JLLu.A/, AD ~ ?:~ ry .Jovc. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00285 P COMMONWEALTH OF PENNSYLVANIA: COUN~Y OF CUMBERLAND SPECK BRIAN AS GRDN OF RACHEL VS BOLLINGER WILBERT B ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCCARTY THOMAS M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 14th, 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 6.00 9.00 10.00 45.24 .00 70.24 02/14/2006 ANGINO & ROVNER , ./ -.--'/ S:i~~~/.~' .:,:.;;~~:C<./ ~.~~ ~--->-,~~:.-- R. Thomas Kli~" Sheriff of Cumberland County Sworn and subscribed to before me this -w J7~ day of j'lJL'7 1 J OlP (. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPECK BRIAN AS GRDN OF RACHEL VS BOLLINGER WILBERT B ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TAN & HEALTH SUPPLY INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 14th, 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 02/14/2006 ANGINO & ROVNER So answe:L~_:< .-c/'''' .. _ / -c5 . .~--__~ -d' ./~~......._~,.~ ~:fC..~~~-:~~"-----~ '---/'-"''''~~'' R. -Th~:s~~LLne - / Sheriff of Cum~erland County Sworn and subscribed to before me this t< J7~ day ofJ~ 7 2 <'VI,., In The Court of Common Pleas of Cumberland County, Pennsylvania Brian Speck et al VS. Wilbert B. Bollinger et al SERVE: Wilbert B. Bollinger NO. 06-285 civil Now, January" 13, 2006 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . ". ~~eJ<~ Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made !mown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @{{ite of tlp~ ~1r~r-iff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy MichaelW.Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SPECK BRIAN AS PARENT AND NATURAL vs County of Dauphin BOLLINGER TWYLA J. Sheriff's Return No. 0063-T - -2006 OTHER COUNTY NO. 06-285 CIVIL AND NOW:January 23, 2006 at 9 : 0 SAM served the wi thin NOTICE & COMPLAINT upon BOLLINGER WILBERT B by personally handing to TWYLA BOLLINGER, MOTHER OF WILBERT 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 7812 JONES TOWN ROAD HARRISBURG, PA 17112-0000 Sworn and subscribed to So Answers, JK~ before me this 25TH day of JANUARY, 2006 Sheriff of Dauphin County, Pa. ~A/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. I, 2006 By i11~ iLw~eL Deputy Sheriff Sheriff's Costs: $43.25 PD 01/18/2006 RCPT NO 213790 EMBREY @iib:e llf tIre ~4P:riff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SPECK BRIAN AS PARENT AND NATURAL vs County of Dauphin BOLLINGER TWYLA J. Sheriff's Return No. 0063-T - -2006 OTHER COUNTY NO. 06-285 CIVIL AND NOW:January 23, 2006 at 9:05AM served the within NOTICE & COMPLAINT upon BOLLINGER TWYLA J. by personally handing to DEFENDANT 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 7812 JONESTOWN ROAD HARRISBURG, PA 17112-0000 Sworn and subscribed to So Answers I JI!~ before me this 25TH day of JANUARY, 2006 Sheriff of Dauphin County, Pa. ~A/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 1YI.~ ,rf J M 'I rffi d:- By V-vv q- Deputy Sheriff Sheriff's Costs: $43.25 PD 01/18/2006 RCPT NO 213790 EMBREY In The Court of Common Pleas of Cumberland County, Pennsylvania Brian Speck et al VS. Wilbert B. Bollinger et al SERVE: Twyla J. Bollinger No. 06-285 civil Now, January 13, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. "./7"// ~ ~~~"..~J Sheriff of Cumberland County, PA Affidavit of Service Now, ,20--, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT $ $ 'J 2 of 2 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 4S N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONI.. Y LINE 1 THRU 12 DO NOT DETACH ANY COPES Brian Speck et al 2 GOURT NUMBER Ofi-?R'i "';v; 1 4 TYPE OF WRIT OR COMPLAINT C 1 C A , PLAINTIFF'S 3 DEFENDAN1/SJ Wilbert B. Bollinger et al Notice & Complaint 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETG TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Tan & Health Supply rnc 6 ADDRESS (STREET OR RFQ VV1TH BOX NUMBER, APT NO, CITY. BORD, T'IIVP, STATE AND lIP CODE) 2960 Grenway Road Dover, PA 17315 7 INDICATE S[RVICE 0 PERSONAL LJ PERSON IN CHARGE A'OEPUTIZE f..J ~'ih'i~l ;:mnu 1ST CLASS MAil U POSTED !...J OTHER January 13 , 20~ I, SHERIFF OF 'r.cMI( COUNTY,PA~o hereby deE~t!ze the sheriff of YOrK COUNTY to execute ~~~..~r~~Ord'ng to law. This depulization being made at the request and risk of the plaintiff. r" "l - . SHERIFF o~ COUNTY 8. SPECIAllNliTRUCTIONS OR OTHER INFORMATION THAT VV1Ll ASSIST IN EXPEDITING SERVICE cun r and SERVE .. AT { NOW OUT OF COUNTY ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenff levying up:m or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession. after nollfYlng person of levy or anachmenl, without liability on the part of such deputy or the sheriff to any plaintiff herein for any less destrudion. 0( removal of any property before sheriff's sale thereof 9 lYPE NAME and ADDRESS of ATTORNEY J ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED RICHARD A. SADlOCK, ESQ 717-238-6791 1/12/2006 12 SEND N01ICE OF SERVICE COPY TO NAME AND ADDRESS BElOW (ThIs area must be completed if notice IS to be mailed) CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF THE SIERlFF - DO NOT WRITE BELOW TItS LIE 13 I acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Heanng Date oroomplaWlt a. indicated above MJ. MCGIll YCSO 1/17/2006 2/11/2006 RESIDENCE ( ) POSTED ( ) POEt SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BElOW 16 HOW SERVED PERSONAL ( 17 ,. 23. Advance Costs 33 Costs Due or Refund Check No 40 Costs Due or Refund 42 day 01 :1t/ h Fe h .20 ll6.,' ?71.5rI COMMONWEALTH F PEIlIR6J\ft'ft-NO{ARY NOTARIAL SEAL LISA L. BOWMAN. NOTARY PUBLIC CITY OF YORK, YORK COUNTY 45 SHeriff tJ-~-" t:;C;C,-__,,? or 47 DATE ::: 6 06 49 DATE I~" _.~~_~~~...~~ ,/ ../ 35' 0 J. 'iLs ~\~\\D\'" ~yv'-- 1 of 2 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-96111 45 N. GEORGE ST., YORK, PA 17401 , PLA\NTIFFISI Brian Speck et al INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES 2 COURT NUMBER .y b -_ (~~b_ C 1 V 1 I Notice and Complaint 4 T'/PE OF WRIT OR COMPLAI~1 C A 06-285 civil SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 3 DEfENDANT/Sf Wilbert B. Bollinger et al SERVE .. AT { 5 NAME OF INDIVIOUAL. COMPANY, CORPORATION, ETG TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATIACHED. OR SOLD Thanas M. McCartv 6 ADDRESS (STREET OR RFO VV1TH BOX NUMBER, APT NO. CITY. BORO. T\'\lP.. STATE AND liP CODE) 7 INDICATE SERVlCE 0 PERSONAL U PERSON IN CHARGE DEPUTIZE U CERT, MAil U ,ST CLASS MAil U POSTED '....J OTHER .Trlnlli'lTjl 1 i ,20-'16.. I, SHERIFF ~WUN.:.;..,P~~ her~b~d . the sheriff of York COUNTY to execute~' ~~...,~u ordmg to law. This deputization being made at the request and risk of the plaintiff.. SHERIFF OF --. COUNTY CUnberland OUT OF COUNTY NOW 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT VV1Ll ASSIST IN EXPEDITING SERVICE ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF Please mail return of service to CUmberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF Wit TCHMAN . Any deputy shenff le\f'ylng upon or ana ching any property under within Writ may leave same without a watchman, in custody of whomever is round in possession, aftef notifying person of levy or attachment IMthout liabll~ 00 the pan of such deputy or the sheriff \0 any plaintiff herein for any k>$s, destrudion, or removal of any property before sheriffs sale thereof 9 TYPE NAME and ADORESS 01 ATIORNEY I ORIGINATOR and SIGNATURR 1 C H A R D A. 4503 N. FRONT STREET, HARRISBURG,PA 17110 12 SEND NOTICE OF SERVICE copy TO NAME AND ADDRESS BELOW (This area must be completed If notice is to be mallecl) CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF TIE 5HERFF' - DO NOT WRITE BELOW 1115 LINE 13 I acknowledge recefpt oflhe writ 14. OATE RECEIVED or oomplaWl.as ..dlCaled abOve M J. M C G ILL Y C S 0 SADLOCK,ESQ 10 TELEPHONE NUMBER 717-238-6791 n QATE flLEQ 1/12/2006 SEE REMARKS SElOW 16 HOW SERVED PERSONAL ( RESIDENCE ( POSTED ( ) POEt SHERIFF'S OFFI OTHER ( 22 REMARKS ..J r0 J ~ 34. fONign County Cos le/o' 100 23 .Advance Costs $125.00 41, AFFIRMED and subSCribed to bef e e this 42 day atol.ll~"\a<lW@CiT NOTARIAL SEAL LISA L. BO'NMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION lCY.PIRESAUG. 12,2009 48 Signature of FOleign County Sheriff 49 DATE I ~. ____ ____n .__ ~ F\F1LES\DATAflLEISlate7550\Current\111\repllajt Created: 3110/06 2:22PM Revised: 3/lU!06 2:46PM 7550.111 Daniel K. Deardorff, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendants Wilbert B. Bollinger and Twyla J. Bollinger BRIAN SPECK, as Parent and Natural Guardian of RACHEL SPECK, a Minor, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-285 CIVIL ACTION - LAW WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, Defendants v. THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, 1NC., Additional Defendants: JURY TRIAL DEMANDED DEFENDANTS WILBERT B. BOLLINGER AND TWYLA J. BOLLINGER'S REPLY TO NEW MATTER AND CROSSCLAIM OF ADDITIONAL DEFENDANTS THOMAS M. McCARTY AND TAN & HEALTH SUPPLY, INC. AND NOW come Defendants Wilbert B. Bollinger and TwylaJ. Bollinger by and through her attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and hereby reply to the New Matter and Crossclaim of Additional Defendants Thomas M. Mccarty and Tan & Health Supply, Inc. 36-43. Denied pursuant to Rule 1 029( e) of the Pennsylvania Rules of Civil Procedure. If further reply is necessary, said averments are denied and Defendants WilbertB. Bollinger and TwylaJ. Bollinger incorporates herein by reference the Answer with New Matter, which was previously filed. WHEREFORE, Defendants Wilbert B. Bollinger and TwylaJ. Bollinger demand judgment in their favor and against Plaintiff and Additional Defendants Thomas M. Mccarty and Tan & Health Supply, Inc. REPLY TO CROSSCLAIM PURSUANT TO Pa. R.c.P. 2252(d) 44-45. Denied pursuant to Rule I 029( e) ofthe Pennsylvania Rules of Civil Procedure. If further reply is necessary, said averments are denied and Defendants Wilbert B. Bollinger and Twyla J. Bollinger incorporates herein by reference the Answer with New Matter, which was previously filed. WHEREFORE, Defendants Wilbert B. Bollinger and Twyla J. Bollinger demand judgment in their favor and against Plaintiff and Additional Defendants Thomas M. Mccarty and Tan & Health Supply, Inc. Dated: March 10,2006 Respectfully Submitted, ~yAo/Jk,Er~ WILLIAMS & OTTO Daniel K. Deardorff, Esq Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendants Wilbert B. Bollinger and Twyla J. Bollinger VERIFICATION Daniel K. Deardorff, Esquire, ofthe firm of MARTS ON DEARDORFF WILLIAMS & OTTO, attorneys for Defendants Wilbert B. Bollinger and Twyla J. Bollinger in the within action, certifies that the statements made in the foregoing Defendants Wilbert B. Bollinger and TwylaJ. Bollinger's Reply to New Matter and Crossc1aim of Additional Defendants Thomas M. Mccarty and Tan & Health Supply, Inc., are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1tj V. W-vl1 Daniel K. Deardorff, ESqUit;;pr;- . CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for MartsonDeardorffWilliams & Otto, hereby certifY that a copyofthe foregoing Defendants Wilbert B. Bollinger and TwylaJ. Bollinger's Reply to New Matter and Crossclaim of Additional Defendants ThomasM. Mccarty and Tan & Health Supply, Inc., was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, P A 17110-1708 Jefferson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0 I 09 MARTSON DEARDORFF WILLIAMS & OTTO By Ami J. Thu a 10 East Higli Street Carlisle, P A 17013 (717) 243-3341 ./ Dated: March 10,2006 ANGINa & ROVNER, P.e. Richard A Sadlock, Esquire Attorney 10#: 47281 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 E.mail: rsadlock@angino-rovner.com Attorneys for Plaintiffs: Brian Speck and Rachel Speck BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 06-285 Civil Term WILBERT B. BOLLINGER, TWYLA 1. BOLLINGER, THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS THOMAS M. McCARTY AND TAN & HEALTH SUPPLY, INC. I, i II II II II AND NOW comes the Plaintiff, by and through his attorneys, Angino & Rovner, P.c., and hereby enter the following Reply to the New Matter of Defendants as follows: 36. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiff Rachel Speck's injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiff may recover herein. II I' \i II II II II II 37. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the acts and omissions of the Defendants do constitute negligence and were substantial causes and factors of the subject incident and did result in the injuries and losses sustained by the Minor Plaintiff Rachel Speck. 38. Answering Defendants' averment is a conclusion of law to which no responsive II II ] I II I ]1 I II I !\ \'1 " 1\ II II II I pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendants' averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Minor Plaintiffs injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendants. 39. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there were no intervening or superseding causes or sudden emergencIes. All of Minor Plaintiff s injuries and damages are recoverable in the instant action and were caused solely and directly as a result of the negligence, carelessness, wantonness, and recklessness of the Defendants. 40. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, see, Plaintiffs' Complaint as to the allegations of negligence for all Defendants. \' 321276 II 41. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Minor Plaintiff was not negligent in any way. Therefore, the Pelll1sylvania Comparative Negligence Act does not apply to the instant action. Further, all of Minor Plaintiffs injuries and damages are recoverable in the instant action and are in no way reduced. 42. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff's Complaint does state a cause of action upon which relief may be granted. 43. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, where appropriate, Plaintiff properly mitigated her damages. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendants' Answer and New Matter and enter judgment in their favor against the Defendants. ANGINO & RgYNE ~/... ../ ~...--/ !W:f\ar A. Sad~o~ /LD. No. 1 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs re Date: March 17,2006 321276 VERIFICATION I, Brian Speck, as parent and natural guardian of Rachel Speck, have read the foregoing REPLY TO NEW MATTER OF DEFENDANTS McCARTY AND TAN & HEALTH SUPPLY, INC. and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and helief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ) . / r:/~\-4'C...,.{;; /' ~. ~ /' /~ d~rJ- Brian Speck , --" .>)<' ,/.c' ..~... ,>') / , J/'-v'Ll Witness / j/ Dated:Y~~o---r> {, '\1 Ii 1 , I I, II Ii II 314782 . . CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of Angino & Rovner, P.C., hereby certifY that a true and correct copy of the foregoing PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS THOMAS M. McCARTY AND TAN & HEALTH SUPPLY, INC. was served via United States first-class mail, postage prepaid, upon the following: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 Counsel for Wilbert B. and Twyla 1. Bollinger Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Counsel for Thomas M. McCarty Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 30 I Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Thomas McCa,-ty and Tan & Health Supply, Inc. \ -1-~ (l~{ tB~ IfjrrV:4-4L'------------ Marcy L. Brymesser Date: March 17,2006 321276 1':~ n c:. 0' r.' C.:l ~;...? 0:;," :::r: ~,'!i" :;;;:.i N --. - o "n ..-1 :r:-n \"np ..,.....,n1 ::; C:i .;;~'; ~"5:i (1 '~rj .-<. ~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN SPECK, as Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiffs, v. WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. McCARTY, and TAN & HEALTH SUPPLY, INC., Defendants. #14394 CIVIL DIVISION NO. 06-285 PRAECIPE TO WITHDRAW APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant, Thomas M. McCarty Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN SPECK, as Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiffs, CIVIL DIVISION NO. 06-285 v. (Jury Trial Demanded) WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. McCARTY, and TAN & HEALTH SUPPLY, INC., Defendants. PRAECIPE TO WITHDRAW APPEARANCE TO: THE PROTHONOTARY Kindly withdraw our Appearance on behalf of the Defendant, Thomas M. McCarty, in the above case. Jefferson J. Shipman, Esquire, has entered his appearance for this party. JURY TRIAL DEMANDED Respectfully submitted, By: ... .. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO Richard A. Sad lock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiffs) ,2006. WITHDRAW APPEARANCE has been mailed by U. class mail, postage pre-paid, this ~ay of Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 (Attorney for Defendants, Wilbert B. Bollinger and Twyla J. Bollinger) Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Defendants, Thomas M. McCarty and Tan & Health Supply, Inc.) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & KEEL, L.L.P By: (") -rJ tF n-, :~ ~...~ . -7 r- ~:? ;:, ~~ )?; -~ r ~ = = C1"' ::lC > -< o " ~,-n nF -om -Dc;::' (~6 -~.... '-f', -:-i: -Tl (~2 ("5 ---m o ~ ~ N -0 ::!: (...) .. o U1 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: lls@jdsw.com (717) 761-4540 Attorney for Defendants McCarty and Tan & Health BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS OF .. CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-285 CIVIL TERM WILBERT B. BOLLINGER, TWYLA J, BOLLINGER, THOMAS M. McCARTY and TAN & HEALTH SUPPLY, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Richard A. Sad lock, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER J erson J. Shipman, Esquire A orney 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant . By: Date: '1 j"TJ /6 fa CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class mail postage prepaid, in Lemoyne, Pennsylvania, on '1h, ) Ill, J J Richard A. Sad lock, Esquire Angina & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorneys for Defendants Bollingers JOHNSON, DUFFIE, STEWART & WEIDNER . By Jeffe on J. Shipman, Esquire Attorneys 1.0. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: lls@jdsw.com Attorneys for Defendants McCartyrran & Health 269552 . ; Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendants McCarty and Tan & Health BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS OF .. CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-285 CIVIL TERM CIVIL ACTION - LAW WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, THOMAS M. McCARTY and TAN & HEALTH SUPPLY, INC., Defendants : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Richard A. Sad lock, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs PLEASE TAKE NOTICE that Defendant intends to serve three subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER DATE: to(d'l/ ()b By Jeffer n J. Shipman, Esquire Attorneys J.D. #: 51785' 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants McCarty/Tan & Health , CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail postage prepaid, in Lemoyne, Pennsylvania, on 0j-)".d <do I I Richard A. Sad lock, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorneys for Defendants Bollingers JOHNSON, DUFFIE, STEWART & WEIDNER . By Jeffe on J. Shipman, Esquire Attorneys 1.0. #:51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendants McCartylTan & Health 269552 , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Brian Speck, As Parent and Natural Guardian of Rachel Speck, a minor, Plaintiffs File No. 06-285 vs. Wilbert B. Bollinger, Twyla J. Bollinger, Thomas M. McCarty and Tan & Heatth Supply, Inc., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: McCann Chiropractic (Name of Person or Entity) Within twenty (20) days alter service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records. chiropractic records. correspondence. reports and diaanostic test results pertainina to Rachel Speck from 1999 throuah 2006 DOB: 1/9/90 SSN: 161-72-2899 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043. 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 alter its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT 10 #: ATTORNEY FOR: Jefferson J. Shipman. Esauire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: '------ d'1.'.P 7[~J~./1<r- Deputy DATE~l..t.J.j~ :J. .1 ~oob Seal of the Court ' (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Brian Speck, As Parent and Natural Guardian of Rachel Speck, a minor, Plaintiffs File No. 06-285 vs. Wilbert B. Bollinger, Twyla J. Bollinger, Thomas M. McCarty and Tan & Health Supply, Inc., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Alexander Serino Rehab. Inc. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records. ehvsical theraev records. correseondence. reeorts and diaonostic test results eertainino to Rachel Seeck from 1999 to Aeril 7, 2004 DOB: 1/9/90 SSN: 161-72-2899 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043. 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: NAME: ADDRESS: TELEPHONE: SUPREME COURT 10 #: ATTORNEY FOR: Jefferson J. Shieman. ESQuire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: '-- LZ,1'1q~ .P 7fr.l?h-lU- Deputy DATE: ~l:..L.U~ .:23 ~ODc:;.. Seal of the Court I (Eff. 7/97) . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Brian Speck, As Parent and Natural Guardian of Rachel Speck, a minor, Plaintiffs File No. 06-285 vs. Wilbert B. Bollinger, Twyla J. Bollinger, Thomas M. McCarty and Tan & Hea~h Supply, Inc., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Pediatric Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records. correspondence. reports and diaanostic test results pertainina to Rachel Speck from 1999 throuah 2006 DOB: 1/9/90 SSN: 161-72-2899 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of com pllance, 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: NAME: ADDRESS: TELEPHONE: SUPREME COURT 10 #: ATTORNEY FOR: Jefferson J. Shipman. Esauire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: DATE: 0u_ ~~ :r~ ..:lC'Ol. Seal of the Court I '--- -4,~.. .9.7fcPh'b. ~. Deputy (Eft. 7/97) . ('J ~ C) 'n F ::.-1 ..'.-. -,-, r;1 i<~: I g-.. ~ - - ~-:J .< ANGINO & ROVNER, P.c. Richard A. Sadlock, Esquire Attorney ID#: 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rsadlock@anlZino-rovner.com Attorneys for Plaintiffs: Brian Soeck and Rachel Soeck BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, Defendants NO. 06-285 Civil Term v. THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Additional Defendants JURY TRIAL DEMANDED PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS PURSUANT TO RULE 2039 The Petition of Rachel Speck, by her parent and natural guardian, Brian Speck, respectfully represents: 1. Rachel Speck, the minor Plaintiff, is the daughter of Brian Speck, Petitioner herein. Rachel Speck is 16 years old having been born on January 9, 1990. 2. Minor Plaintiff, Rachel Speck, resides with her father, Brian Speck, at 337 Juniper Street, Carlisle, Cumberland County, Pennsylvania. 3. On April 7, 2004, Rachel Speck sustained painful and severe injwies which include, but are not limited to, cervica1/lumbar strain/sprain, brush bums on right arm, and post-traumatic headaches. Applicable medical records are attached hereto Exhibit A. 336695 4. A copy of the Police Accident Report is attached hereto as Exhibit B. 5. Defendants Wilbert and Twyla Bollinger were insured by State Auto Insurance Companies. 6. Defendant Thomas M. McCarty was in the course and scope of his employment for Tan & Health Supply. The vehicle Mr. McCarty was driving was insured by Erie Insurance Group. 7. The tortfeasors and their insurers have agreed to pay and to compromise the claim arising from the injuries to Rachel Speck for the sum of Twenty-five Thousand and 00/1 00 Dollars ($25,000.00), subject to the approval of your Honorable Court. A copy of the letter is attached hereto as Exhibit C. 8. Petitioner considers this to be a fair, just, and equitable settlement and to be in the best interests of Rachel Speck. 9. Should the Court deem it necessary to schedule a hearing to approve the settlement, and if a hearing is scheduled, Minor Plaintiff, her father, and counsel will be present at the hearing. 10. Your Petitioner has retained the law firm of Angino & Rovner, P.C. to prosecute this action and has entered into a contingency fee agreement with said attorney whereby said attorney is to receive, for professional services, thirty-five percent (35%) of any amount recovered (or Eight Thousand Seven Hundred Fifty and 00/100 Dollars), plus reimbursement of expenses. A copy of the Fee Agreement is attached hereto as Exhibit D. 11. To date, Petitioner's counsel has incurred expenses totaling Two Thousand Ninety- four and 53/1 00 Dollars ($2,094.53) in pursuit of this claim. An itemized list of expenses is attached hereto as Exhibit E. 336695 12. There are no liens or creditors to Petitioner's claim. 13. There is no child support arrearage owed by Plaintiff Rachel Speck. See attached Statement and lien search attached hereto as Exhibit F. 14. Petitioner understands that the remainder of the settlement, after payment of fees, expenses, is to be held in trust for Rachel Speck in an account which is insured by the Federal Government and that no withdrawal be made therefrom until Rachel Speck attains majority or authorized by Court Order. WHEREFORE, Petitioner respectfully requests Your Honorable Court to approve minor Plaintiff s compromise settlement, authorize the payment of attorney's fees and expenses from the fund due the minor, authorize Petitioner to sign necessary Releases, and direct all remaining funds of Fourteen Thousand One Hundred Fifty-five and 47/100 ($14,155.47) to be deposited in an account which is insured by the Federal Government and indicates that no withdrawal be made therefrom until Rachel Speck attains majority or is authorized by Court Order. ANGINO & ROVNER, P.C. A.S 281 4503 North Front Street Harrisburg, P A 17110 (717) 238-6791 Counsel for Petitioner Date: October 3, 2006 336695 E)Chi bit A PENN.STATE IS Milton S. Hershey Medical Center . College of Medicine Penn State Milton S. Hershey Medical Center Penn State College of Medicine Health Information Services, HU24 500 University Drive P.O. Box 850 Hershey, PA 17033-0850 Tel: (717) 531-8055 Patient Name: Patient Sex: Patient Location: Visit Type: SPECK, RACHEL Female UREH" Clinic PSUHMC MRN: 1433357 Date of Birth: 1/9/1990 Visit Number: 4869628 Out pat e n t Not e Document , Final Document Electronically Signed by: Vanderhave, Kelly L 12/10/2004 10:28:53 AM OUTPATIENT NOTE DATE OF SERVICE: 11/23/04 CHIEF COMPLAINT: Neck pain. HISTORY: The patient is a 14-year-old female referred for evaluation of chronic headache, neck and pain. The patient was involved in a motor vehicle accident when she was restrained passenger in April of this year. She was seen in an outside facility with radiographs taken, and radiographers were normal. However, the patient developed, shortly after the accident, neck pain, which has persisted. The patient has continued with cervical pain, occipital pain, headaches in the frontal region, as well as thoracic pain particularly between the scapula and low back pain. The patient is extremely active in ballet and has had often on participations since the accidents in ballet secondary to pain that has continued and headache as well. The patient is currently not in school, has been home schooled secondary to continued pain at night, which often wakes her from sleep. The patient has seen a variety of physicians and therapists for this, over the last month, she has had physical therapy formerly, which initially had some improvements, but then plateaued. She has had variety of different medications, anti-inflammatories, muscle relaxants, and is currently taking Elavil and Topamax, which reportedly are a little in the way of improvement at this time. The patient does report in addition occasional tingling in the fingertips of all fingers in both extremities, nothing that persists for any period of time, sort of a nonspecific distribution. The patient denies any bowel or bladder symptoms and no other musculoskeletal complaints at this time. PAST MEDICAL HISTORY: Essentially, noncontributory. The patient was a full-term vaginal delivery, 7 pounds 13 ounces, was discharged from the hospital with her mother, and has met milestones appropriately. Again of note, she is active in Central Pennsylvania Youth Ballet 25 to 30 hours a week but has been bothered by this at the point in time. On physical exam, this is a pleasant, tall, thin female who ambulates without difficulty, is able to toe walk, heel walk without difficulty. On her lower extremity, she has no tenderness to palpation of the lumbar spine. She is able to forward flex and touch to ground without any difficulty and extend with minimal discomfort in the lower lumbar region. Muscle strength is 5/5 throughout quadriceps, hamstrings, tibia, gastroc. She has normal sensation. She has a normal Babinski. No clonus. She has symmetric and appropriate reflexes at the quadriceps and at the Achilles. On neck exam, she is tender in the occipital region, paraspinal musculatures, down laterally on both sides of the spine and across the trapezius with some muscle tightness. She is able to flex and touch chin to the chest with some pain at the extremes, able to look up towards the ceiling and extension and side bend without difficulty. Upper extremity exam revealed normal reflexes at the brachioradialis, triceps, and biceps. She has no Hoffmann sign. She has good grip strength and normal wrist flexors, extensors, finger flexors, biceps, triceps, and deltoid. Shoulder exam is normal and symmetric bilaterally. Full active range of motion, internal, external rotational, and strength. X-ray is obtained today, lateral C-spine in flexion and extension show a normal bony alignment; no obvious fractures, deformities, or subluxations. MRI from the outside facilities were reviewed of the cervical and lumbar spine, which again show a normal alignment, no appreciable soft tissue defects, no edema, normal disk spaces, and foramen throughout. Date Printed: 6//6/2005 Time Printed: /1 :02 AM PENNSTATE I!S. Milton S. Hershey Medical Center . College of Medicine Patient Name: SPECK, RACHEL PSUHMCMRN: 1433357 Out pat e n t Not e Document , Final Document Electronically Signed by: Vanderhave, Kelly L 12/10/2004 10:28:53 AM IMPRESSION: Likely muscular and/or myofascial in origin. PLAN: At this point in time, we can definitely reassure the mom and the patient, there is no underlying structural problem. However, we cannot explain why she continues to have so much difficulty. Certainly, I think it is appropriate to pursue alternative treatment modalities. Injections in the past have not been helpful, although she did get some benefit from the therapy.. I see there is no reason why she cannot continue to participate in ballet. If she is able to, in fact that would probably be a good thing for her overall health. She is, going to get set up again with an outside therapist for more focused cervical and thoracic therapy, and we hope this will provide some additional improvement. We are happy to see her again in the future if there are other concerns or complaints. I saw and examined the patient, agree with the resident's findings and determined the treatment plan. 168730/cbt Review/Sign: Gregory E Raab, MD Review/Sign: Kelly L Vanderhave, MD Assistant Professor, Pediatric Orthopaedic Surgery Penn State Milton S. Hershey Medical Center PO Box 850, Hershey, P A 17033 (717) 531-4653 GER /JLH DD: 11/23/04 DT: 11/26/04 13:04 CC: Holly C Hoffmann, MD 804 Belvedere Street Carlisle, PA 17013 Date Printed: 6/16/2005 Time Printed: 11:02 AM Sara Castonguay, P.T. 2S East High Street Elizabethtown, P A 17022 JWle 30, 2005 Attn: Holly C. H. Hoffman, M.D. Carlisle Pediatric Associates 804 Belvedere Street Carlisle, PA 17013-4000 CC: Richard Sadlock 4503 N. Front Street Harrisburg, P A 17110 RE: Rachel Speck DaB: 01/09/90 Discharge Swnmary Dear Dr. Hoffman, Thank you for your referral of Rachel Speck, a 15 year old female, for a physical therapy evaluation and treatment of chronic cervical and lumbar pain. She was evaluated on December 7,2004. Rachel has been seen for 33 visits and has demonstrated good progress with decreased pain and improved function. She has been treated using an integrative manual therapy approach. She currently does not have any complaints of back or knee pain. Her headaches have also been eliminated. In addition, she is experiencing improved sleeping patterns and has resumed ballet on a full time basis. Currently, she is dancing in a summer program in Miami, FL. Her spinal range of motion has improved significantly. Her ranges at the time of the evaluation were as follows: Cervical: Flexion 10 degrees (80 degrees optimal) Extension 5 degrees (40 degrees optimal) Thoracic: Flexion 5 degrees (90 degrees optimal) Extension 0 degrees (30 degrees optimal) Lumbar: Flexion 5 degrees (60 degrees optimal) Extension 5 degrees (60 degrees optimal) Currently, she has the following available spinal range of motion. Cervical: Flexion 80 degrees (80 degrees optimal) Extension 40 degrees (40 degrees optimal) Thoracic: Flexion 90 degrees (90 degrees optimal) Extension 30 degrees (30 degrees optimal) Lumbar: Flexion 60 degrees (60 degrees optimal) Extension 60 degrees (60 degrees optimal) As a result of decreased tissue restrictions and improved ranges of motion, Rachel is experiencing increased balance, strength and coordination without compensation. I am discharging Rachel from active physical therapy at this time. I am recommending that she continue to participate in ballet at an unrestricted level. However, as a result of the high physical demand that is placed on the body with this competitive level of ballet, Rachel may require additional IMT physical therapy in the future in order to remain pain, limitation and compensation free. If this occurs, I will need a new referral. Thank you very much for the referral of Rachel to my practice. It has been a pleasure working with her and seeing her huge functional gains. She was extremely dedicated and diligent on doing her home program to assist her treatment and maximize her outcome. I wish all of my patients were as compliant and motivated. If you have any questions or concerns, please feel free to contact me at (717) 531-2020. Sincerely, ,~~o,a:- Sara S. Castonguay, P .T. EXhibit B . I -I COMMONWEALTH OF PSYLVANIA --.I N ,4- POLICE CRASH REPORTlhu FORM Case Closed Reportable Crash AA '500 1 C&) Yes d No. (;2) Yes 0 No ~ l.LLJ i illllllllll 1111111111111 P0705828 Crash Number -, 3 +OJ-\ c! ["'Y Name ~ p A.. .S" .<\~ fOLk <i. & Dispatch Time (mil) Arrival Time (mil) Investigator i ~ lZIlliIJJ I CfL :. Revie~. I ~J~~ l 3 ... u o ... r~;r I I- I p~trol.Zon. S HOd ~ Investigation Date (MM-DD-VYYY) IlliJ-[Di]-~ Badge Number ~.~,if7}l1'{V L. Iw\"t' 5 I ~ .....e Number I~al(ate (MM-DD- YYYY) I~CJ ~~~~ Precinct II CAR. U::C:; l-(. :l III C 2 ~ III l!! u CvM~~L-AJV'b Municipality Municipality Name D~ of W_k I ~ i S.o,.r1"ri fr\r:-i).D("~Il>~ -r-w~ I g ~~n g ;~u Crash T'm. (miO No of Uno" I i~'e I I '"Ted I ',"ed" "ij > 00 0 0 ~ r;-;-r--l r;::::J'"I complete Tue Sat ~ L:::1L.J 7 d ~ Form f ~ Wed 0 Unk =~';:t~BUS 0 Yes CID No ~~~:t~Zone 0 Yes (g) No ~~Y~e~~~~~TO Yes ~ No O 0 Mult;-Le~ 0 0 *tt:...",.;:~l "Y" Intersection Intersection Off Ramp Railroad Crossing ~ O Traffic Circle! a On Ramp 0 Crossover 0 Other Round About " II o ac: 4 ii Q, u e i i~i ~i~i Lf I IT rT~)1 j;j"l"' i~r ~r Street Name r: o . .~ Street Ending ~ llI.Ql 41 'C o <Xl North o South o East o West o Unknown [QlliJ · See Overta House Number (if applicable) ITIIIIJ For Mid-block crashes only. Use postal House Number and make sure pnncipal Roadway Street Name IS filled in jf using this option o Private 0 Otherl Road Unknown o Interstate 0 Turnpike 0 Turnpike t"a\ State 0 CRooaudnty (Not Turnpike) (EastMIest) Spur \.P Highway Route Number Segment (Optional) Travel Lanes Speed Limit ITIIJ ITIIJ rn rn Street Name o Local Road or Street " 11 3 @ a: ~ '" .Q 5.5 i i ! ~ .s $ ~ .5 . :'S c:: o North 0 o South ~ ".. Street Ending t3 o East c rn .! o West 0 o Unknown =g 0 Interstate 0 Turnpike (Not Turnpike) (EastM'est) o turnpike Spur o State 0 County Highway Road a local Road or Street o Private Road o Otherl Unknown ... ~ J .JiC III "- III E .. E " 5 Please 'C c C ~ 'tS Enter ~ ~ ~ Information 6 lQ for BOTH ... 'b landmarks Yo. .~ if Using N 8 .. This Option .JiC e ,f ... ra .. E 1;; ~ ~ 'C 0 C III ..J . Degrees Minutes Seconds T Ie Latitude: I Lf I 0' [ill]:~.fiJQ " ~I 0 North Feet 5t 0 South ~ St Ending ::;) 0 East . OJ Or MIles ~OWest OJ,D Ie 0 North Di5tance From Crash 41 0 5 th Scene to landmark. 1 St Ending ~ 0 ou (For Crash between OJ East Landmark 1 and ~ 0 West Landmark 2) Ill: Degrees Minutes Seconds longitude: - ffi ~ :\ ~171.1J Ibj Traffic Control Device o Yield Sign a Police Officer or 1m Functioning Emergency c;!) Not Applicable o Traffic Signal o Active RR Crossing Flagman ~ No Controls 0 Device Functioning 0 Q o Other Type TCD Improperly Preemptive 8 ~ Signal o Flashing Traffic Controls o Stop Sign o Passive RR o Unknown o Device Hot a Device Functioning 0 Unknown Signal Crossing Controls Functioning Properly f! LaI1@ Closed (If 'Not Applicable", skip rest of the Lane Oosure section) J..an.QOSInP Q!) North 0 East o North and South 0 All ~ III o Not Applicable a Partially (X) Fully o Unknown Din:fJilm 0 South a West o East and West (N,$,E,W) 0 9 U II IBifk Yes 0 NoC2 Esti. Time Ci3' 30 M' o 30-60 Min. e Oetounn/ !:Imcd < In. a 1-3 hrs 03-6 hrs o 6-9 hrs o > 9 hours o UnknOwn ~ Unknown 0 FORM' AA.500 (12102) PENNDOT COpy o 'Elm! 10 - Unit ~ c :;) -I .J ^ I A COMWilOl\!WEALTH OF Jo...u~SYLVANIA I v T'( POLICE CRASH L'tEPORTING fORM III 'I~nllllllllllllll P0705828 I Crash Number AA 500 2 l:}:twv- ) 38 ') q~q Page: I lIT] c o ;:; j .5 c II 11 :s .. . "G . Go - .. CII > 'C Q . U :c ~ ~ Motor Vehicle in 0 Hit & Run Vehicle 0 lRegally Parked 0 Legally Parked 0 Non - Motorized Transport o Pedestrian 0 ~edestrian o~ Skates, 0 Disa~led From 0 Train 0 Phantom Vehicle In Wheelchair. etc PreVIous Crash (If .Pedestrian- or .Pedestrian on Skates, in Wheelchair, etc., Com lete Form M, Section 28) First Name MI Date of Birth (MM-DD-YVYY) o [Q]JJ ~ I \ Ie, ~J '8\ Telephone Number ICtll)9Lf.3 ... 9~ I z' ~ Commercial Vehide o Yes OS. No (If Yes, Complete Form C) Unit No IT[] Delete? o Driver or Pedestrian Phvsical Condition ~ Apparently 0 Illegal Drug \,&J Normal Use o Ha.d ~een 0 Sick. Drlnkm AlcohoVDruCls SusDeCted ~ No 0 Illegal Drugs o Alcohol 0 Alcohol and Drugs o Medication o Unknown o Fatigue o Asleep o Medication o Unk.nown Alcohol Test TVDe ~. Test Not Given o Blood Prlmarv Vehicle Code Violation I ( harged? I (:) Yes (:) No 3=Driver Fled Scene I 4=Hit and Run --L- 9=Unknown D Other o Unknown jf Test Given O Unknown Results o Breath o Urine o Test Refused (:) Test Given, Contaminated Results Driver Presence 'Alcohol Test Results [Q]. OJ 1=Driver Operated Vehicle 2=No Driver [JJ Owner/Driver OO:=Not Applicable ~ 01 =Private Vehicle Ownedl L.DLlJ Leased by Driver 02=Private Vehicle Not OwnedlLeased by Driver 03=Rented Vehicle 04=State Police Vehicle 05=PENNDOT Vehicle 06=Other State Gov Veh 07=Municipal Police Veh 08=Other Municipal Government Vehicle 09= Federal Gov Veh 98=Other 99=Unknown Same as Driver ~ Address I City I State I Zip I Vehicle Make II ~ Yo "1--1'} *Make Code 11~lql (see overlay) I I I g i tZ,2 !i Insurance Insurance Company c>> Yes 0 No 0 ~~~n I ~ \-A-T 1E.. Model Year ~ I CJl..M f?-y Reg. State Est. Speed Vehicle Towed Towed By ~ [nJ DYes ~No I Policy No II )'f'1 Cc c t"3 4 0 { '"S e M Vehicle Model FAlA TrailinQ "" Umt No. of 101 ~ - Trailing M!ilf .a Units: :2 CII =- I=Towing Pass. Veh 4=Mobile/Modular Home 7=Semi-Trailer O 2= Towing Truck 5=Camper 8=Other 3=Towing Utility Trailer 6=Full Trailer 9=Unknown Tag No I Tag Year II Tag St ID Oirection of ~ *Vehide Position [Qli] *Movement ~ · See Soecial Usaae Travel Overfay 10101 Vehicle Color Vehicle Tvoe 05=Large Truck 20=Unicycle. Bicycle. 12=Commerciaf lolcrl 06:::Yellow [QII] 01=Automobile 06=SUV T ricycie Passenger 07=Silver 02=Motorcycle 07=Van 21 =Other Pedalcycle OO:;::Not Applicable Carrier 01::Fire Veh 13= Taxi 08=Gold 03=Bus 10=Snowmobile 22=Horse & Buggy 02==Ambulance 21 = Tractor Trailer 01 =Blue 09=Brown 04=Small Truck 11 =Farm Equip 23=Horse & Rider 03=Police 22=Twin Trailer 02=Red 10=Orange (If .02", Complete Form 12=(onstruction Equip 24=Train 03=White 11 =Purple M, Seerion 26) 13=ATV 25= Trolley Oa==Other Emergency 23= Triple Trailer 04=Green 12=Other (If "20. or "21", Complete 18=Other Type Spec Ve'n 98=Other Vehicle 31=Modified Veh 05=Bfack 99=Unl:nown Form M, Section 27) 19=Unk. Type Spec Veh 99=Unl:nowr. 11=Pupil Transport 99=Unknown InitiallmDact Point I 0 {I I OO=Non-Collision \D 01-H=Clock. Points 13=Top Damage Indicator f')l O=None 2=Functional t.:::t ' =Minor 3=Disabling 9=Unknown Gradient 3=Downhill OJ 4=8ottom of Hill l 1 =Level S=Top of Hill 2=Uphill 9=Unknown Road Alianment f(l 1 =Straight ~ 2=CUlved 9=Unl:nown 14=Undercarriage 15=Towed Unit 99=Unk.nown FORM' AA-500 (12102) PENNDOT COpy o S 10 ... .j! ::) .J t\\ft COMMONWEALTH Of p~ ..1Syo.VANIA , v POLICE CRASH REPORTING fORM . AA 500 2 ltttfs. O~'\3 R Iq~-<:j o o ~11,II~nllllllll p 0705828 I Crash Number Page: I [ill C2' Motor Vehicle in Ir.e! Transport Unit 0 Pedestrian Delete? o Hit & Run Vehicle 0 Illegally Parked 0 legally Parked 0 Non - Motorized Pedestrian on Skates, 0 Disabled From 0 Train In Wheelchair, etc Previous Crash (If 'Pedestrian- or .Pedestrian on Skates, in Wheelchair, etc., Com lete Form M, Section 28) First Name MI Date of Birth (MM-DD-YYYY) . ~ [JJJJ [W] ~ Telephone Number 1(71/) ;;J'-lS-;Jifc,Cf I I~. I o Phantom Vehicle Commercial Vehicle o Yes ~ No (If Yes, Complete Form C) Unit No ~ c o i E i c . i 11 lI'I " l State Class mIL. Driver or Pedestrian Phvsical Condition P9\ Apparently 0 Illegal Drug ~ Normal Use O Had Been 0 S' k Drinking Ie AlcohoVDrucfS Suspected esn No 0 Illegal Drugs o Alcohol 0 Alcohol and Drugs o Medication o Unknown o Fatigue o Asleep o Medication o Unknovm - .. ~ Alcohol Test TVDe ~ Qg Test Not Given -! a Blood :E ~ Primarv Vehlde Code Violation I Charged? I 0 Yes 0 No 3=Dr'lver Fled Scene I 4=Hit and Run -.L- 9=Unknown o Other o Unknown if Test Given O Unknown Results o Breath o Urine o Test Refused O Test Given, Contaminated Results Dr;ver Presence Alcohol Test Results [ill.CD 1 =D rive r Operated Vehicle 2=No Driver OJ OwnerlDriver OO=Not Applicable ~ 01 =Private Vehicle Owned! ~ leased by Driver 02=Private Vehicle Not OwnedlLeased by Driver 03=Rented Vehicle 04=State Police Vehicle 05=PENNDOT Vehicle 06=Other State Gov Veh 07=Municipal Police Veh 08=Other Municipal Government Vehicle 09=Federaf Gov Veh 98=Other 99=Unknown Same as Driver 0 Vehide Make Owner Last Name or Business Name (If Pedestrian, skip this Section) I.- Address I City I State I Zip Iqooo ~r;/) UAJtz; C. VJN *Make Code II YErr,P 1m (see overlay} Ctf.l,R () ~ (E...I t>,.e. tvrr- l-t4 vt'-L, N::J 0 6 o~y Model Year \ q ( L{ C:, ~ I (.J.Aw';; Reg. State Est. Speed Vehicle Towed Towed By lIJI] IQITJ 0 Yes ~o I Policy No II q OD '-t 8 ~q"' - 03 Vehicle Model Insurance Insurance Company ! ~Yes 0 No 0 ~~nl <;;ENT"ey II ! 12 .e .: . \i ::c :: rra!'ina Tv~ Unit No. of ~ ~ - Trailing U Unit Units: l=Towing Pass. Veh 4=MobileIModular Home 7=Semi-Trailer O 2=Towing Truck 5=Camper 8=Other 3;Towing Utility Trailer 6=Full Trailer 9=Unknown Tag No I Tag Year II Tag St ID Direction of ~ "Vehide Position [ill] .Movement I 0 I 9 I *See SfJedal Usaoe Travel Overlay 10101 Vehide Color Vehicle Type OS",large Truck 20;Unicycle, Bicycle, 12=Commercial m 06"'Yellow I 61 Co I 01=Automobile 06",SUV Tricycle OO=Not Applicable Passenger 07=Silver 07",Van 21 =Other Pedalcyc1e Carrier 02=Motorcycle 01=Fire Veh 13= Taxi 08=Gold 03=Bus 1 Q:::Snowmobile 22=Horse & Buggy 02=Ambulanc@ 21=Tractor Trailer 01=Blue 09=Brown 04=Small Truck 11 ",Farm Equip 23=Horse & Rider D2=Red 10=Orange (If "01", Complete Form 12:::Construction Equip 24=Train 03=Police 22= Twin Trailer 03=White 11 =Purple M, Section 26) 13==A TV 25= Trolley 08=Other Emergency 23= Triple Trailer 04=Green 12=Other (If "20" or "Z1., Complete 18=Other Type Spec Veh 98=Other Vehicle 31=Modified Ven OS=Black 99=Unknown Form M, Section 27) 19",Unk, Type Spec Veh 99=Unknown 11 =Pupil Transport 99=Unknown Initial Impact Point I () I' .1 OO=Non-Collision 14=Undercarriage \c::7 01-12=Clock Points 15=Towed Unit 13= Top 99=Unknown Damaae Indicator rn O=None 2=Functional ~J=Minor 3=Disabling 9=Unlc.nown Gradient 3=Downhill OJ 4=Bottom of Hill \ l=Level 5=Top of Hill 2=Uphill 9=Unlmown Road AlicJnment m 1 =Straight L.!..J 2=Curved 9=Ul'1known FORM" AA-500 (12/02) PENNDOT COpy J! c 10 - .. "E ::>> I COMMOMRnEAlTH OF ~.~."t\1SVLVANIA .--.J NfT POLOClE CHASM REPORTING FORM AA5002 It+U~~~[~Blq$'q o o C5 Motor Vehicle in ~ Transport !l!!i! 0 Pedestrian Unit No mJ Crash Number I Page: I [g[J ~New o Changel Continuation Commercial Vehicle o Yes ~ No (If Yes,. Complete Form C) C 1t i 1 Go - .. . :. 'C D . \l :;: ~ Hit & RUll Vehide 0 Illegally Parked 0 legally Parked 0 Non - Motorized Pedestrian on Skates, 0 Disabled From 0 Train 0 Phantom Vehicle in Wheelchair, etc Previous Crash (If "Pedestrian" or "Pedestrian on Skates, in Wheelchair; etc., Com lete Form M, Section 28) First Name MI Date of Birth (MM-DD-YYYY) ~ I D I f?{ @I] UliIill Telephope Number G t: IllII) ~fJ -/S"""SLf' I Zi ~ I 1-lA.#~DO~ d A- ~J~} 'I~ State Class I (J q~ t10JIL I AkohollDruos SusDeCted ~ No 0 Illegal Drugs o Alcohol 0 Alcohol and Drugs Alc0hoI Test TVDe ~ Test Not Given o BloocI Alc0hoi Test Results [Q]. rn a Breath o Urine o Test Refused O Test Given, Contaminated Results Charged? I ~ Yes 0 No 3=Driver Fled Scene 4=Hit and Run ....L.. 9=Unknown o Medication o Unk.nown Driver or Pedestrian Phvsical Condition <1'01 Apparently 0 Illegal Drug va Normal Use o H~d ~een 0 Sick DnnklO o Fatigue o Asleep o Medication o Unknown 09=Federal Gov Veh 98=Other 99=Unknown o Other a Unknown if Test Given O Unknown Results PrimalV Vehide Code Violation I :1 J t "D Driver Presence 1 =Driver Operated Vehicle 2=No Driver [0 OwnerllJriver OO=Not Applicable ~ 01 =Private Vehicle Owned! ~ leased by Driver 02=Private Vehicle Not CMmedlleased by Driver 03=Rented Vehicle 04=State Police Vehicle OS=PENNDOT Vehicle 06=Other State Gov Veh 07=Municipal Police Veh 08=Other Municipal Government Vehicle Same as Oriver 0 & i ! 12 0 :s Insurance Insurance Company &Yes 0 No 0 ~~~n I S\Tl-'1.,f Vehicle Make II Fo~b Vehicle Model A-\JrO I d-J '~3 ~ra:;no Till>> '=Towing Pass. Veh 4=MobileIModular Home 7=Semi-Trailer n No. of 17'l111n1t 0 2=Towing Truck 5=Camper 8=Other . - IJ;!~~g V - 3=Towing Utility Trailer 6=Full Trailer 9=Unk.nown 'ti 2 :: DlteCtion of I N I .Vehide Position ~ Travel ~ Vehide TYDe r=-r::::;-] 01 =Automobile ~ 02=Motorcycle 03= Bus 04=Small Truck (If -02", Complete Form M, Section 26) (If -20. or "21", Complete Form M, Section 27) Vehicle Color ~ 06=Yellow ,~ 07=Silver 08=Gold 01 =Blue O9=oBrown 02=Red 10=Orange 03=White 11 =Purple 04--Green '2=Other 05=Blad: 99=Unknown Initial Imoad Point ~\ OO=Non-Collision ~ 01-12=Cloclc: Points 13::: Top -. .---- ".. -- .-"'-- , 4=Undercarriage 1S::Towed Unit 99::::Unlcnown rom-. t M-5COU (I2III!t Tag No I *Movement ~ *See Overlay Special Usaae GQJ OQ;=Not Applicable 01 =Fire Veh 02::::Ambulance 03=Police 08=Other Emergency Vehicle 11 =Pupil Transport OS=large Truck 06=SUV 07=Van 10=Snowmobile , 1 =Farm Equip 12=ConstTuction Equip 13=A TV '8=Other Type Spec Veh 19=Unk. Type Spec Veh DamaQe Indicator Gl O=None 2::::Functional t.3J 1=Minor 3=Disabling 9::Unknown 20::Unicycle, Bicycle. Tricycle 21=Other Pedalcyde 22=Horse & Buggy 23=Horse & Rider 24.Train 25=Trolley 98=Other 99=Unlmown Gradient 3=Downhill f\l ' ::level 4=Bottom of Hill ~ 2=Uphill 5= Top oi Hill 9=Unknown - -------- . - --. - -..-------- PENNDOT COpy .Make Code 1m (see o.oerlay) t 1 I II Tag Year Tag St ID 12=Commerdal Passenger Carrier 13=Taxi 21 = Hactor Trailer 22=Twin Trailer 23=Triple Trailer 31 =Modified Veh 99=Unknown Road Aliqnment r-;-l 1 =Straight W 2=Curved 9=Unknowr'l i~ 10 ~ Y!!!! c =- I f'\..)A COMRnONWlEALT~ OF P~.\JlMSVLVANIA ....J I v T\ POLDCIE CRAS~ RIEPORTONG FORM M 500 2 ~c.\$On.!) 3 8 {q r-ct o o II ~~I~ IUIIIIIINII I I ?L> New Crash Number I Page: I rn o Changel Continuation ~ Motor Vehicle in Transport o Pedestrian Delete? o Hit & Run Vehicle 0 Illegally Parked a Legally Parked 0 Non - Motorized Pedestrian on Skates, 0 Disabled From 0 Train in Wheelchair, etc Previous Crash (If .Ped~strian. or .Ped~trian on Skates, in Wheelchair, etc., Complete Form M, Section 28) First Name MI Date of Birth (MM-DD-YYYY) [t] @Ii] [ill] ~ Telephone Number I o Phantom Vehicle Commercial Vehicle a Yes ~ No (If Yes, Complete Form C) Unit No ffiJ I Z. I~ I II: .. 11 ~ . i State Class lEEJle- Driver or Pedemiiln Phvsical Condition JT1 APparently 0 Illegal Drug USl Normal Use O Had Been 0 S' It Drinkin lC AlcohoVDrufl5 SusDeCted ~ No 0 Rlegal Drugs o Alcohol 0 Alcohol and Drugs o Medica~ion o Unknown o Fatigue o Asleep o Medication o Unknown - .. t Alcohol Test TVPe a ~ Test Not Given ~ 0 Blood :c . > Primary Vehide Code Violation Charged? <25 Yes 0 No o Other o Unknown jf Test Given O Unknown Results o Breath o Urine o Test Refused O Test Given, Contaminated Results :?3/1J '. Driver Presence Alcohol Test Results [Q]. IT] 1 =Driver Operated Vehicle 2=No Driver 3=Driver Fled Scene I 4=Hit and Run --L- 9=Unlmown [IJ OwnerlDriver OO=Not Applicable 10 I '\ I 01 =Private Vehicle Owned! C' leased by Driver 02=Private Vehicle Not Ownedlleased by Driver 03=Rented Vehicle 04=State Police Vehicle 05=PENNDOT Vehicle 06=Other State Gov Veh 07=Municipal Police Veh 08=Other Municipal Government Vehicle 09=Federal Gov Veh 98--0ther 99=Unknown Same as Driver 0 Insurance Insurance Company ~ Yes 0 No 0 ~~~wn I E../C1: L *Malce Code 1m Vehicle Model (see lWertay) 4- I 4 .3 7 [l@fl]J] I f CON i) '-L tV L I Reg. State. Est. Speed Vehide Towed Towed By I1[J ~ ~.Yes ONo I L0S 0 \~ I Policy No II Q 0 y?~ 3 0 ~ S- ~ I Dbv /;,/:' '1 ,oil- \ ,3 {J Model Year Vehicle Make II t=O~~ c o .. AI 12 I Tta!'ina [Q] TIIlWO C Unit No.of 0 ~ - - Trailing Untt ~ Units: ~ III > 1 = Towing Pass. Veh 4=MobileIModular Home 7=Semi- Trailer D 2=Towing Truck 5=Camper 8=Other 3=Towing Utility Trailer 6=Full Trailer 9=Unknown Tag No I Tag Year Tag St II ID Direction of ~ .Vehicle Position ~ .Movement [QI1] .See Soecial Usaae Travel Overlay IDlo I Vehide Color Vehicle Tome 05=Large Truck 20=Unicycle, Bicycle, 12=Commerdal IT0 06=Yellow ~ 01=Automobile 06=SUV T ricyde OO=Not Applicable Passenger 07=Silver () 02=Motorcycfe 07=Van 21 =Other Pedalcycle Carrier 08=Gold 03=Bus 10=Snowmobile 22=Horse & Buggy 01=Fire Veh 13=Taxi 01=Btue 09=Brown 04=Small Truck 1 1=Farm Equip 23=Horse & Rider 02=Ambulance 21 = Tractor Trailer 02=Red 10=Orange (If .02", Complete Form 12=Construction Equip 24== Train 03=Police 22= Twin Trailer 03=White 11=Purple M, Section 26) 13=ATV 2S=Trolley 08=Other Emergency 23=Triple Trailer 04=Green 12=Other (If "20. or "17", Complete 18=other Type Spec Veh 98::=Other Vehicle 31 =Modified Veh 05=Black 99=Unknown Form M, Section 27) 19=Unk. Type Spec Veh 99=Unknown 11=Pupil Transport 99=Unknown Initial Impact Point ~l '} OO=Non-Collision ~ 01-12=Clock Points 13=Top Damaae Indicator r::7l O=None 2=Functional L1J 1=Minor 3=Disabling 9=Unknown Gradient 3:::Downhlll [] 4=Bottom of Hill l=Level 5=Top of Hill 2=Uphill 9=Unknowli Road Alignment [] l=Straight 2==(urved 9=Unknown 14=Undercarriage 15=Towed Unit 99=Unknown FORM' AA.500U ~ FEX~.coT COpy ..J COMMONWEALTH Of i"'cNNSYLVANIA . r A POUCE CRASH REPORTING FORM AA 500 3 r~~- \1 fS L <1 set A Person TVDe: , =0 river 2=Passenger 7=Pedestrian 8=Other 9=Unknown c o ;:: . E .. o ... .E II i :. ~: B F =Female M=Male U =Unknown InjuN Severity: C O=Not Injured l=Killed 2=Major Injury 3=Moderate Injury 4=Minor Injury 8=lnjury, Unk Severity 9=Unknown if Injury Seat Position: D OO=Not A Passenger/Occupant 01 =0 river - All Vel1ides 02=Front Seat Middle Position 03=front Seat Right Side 04=Second Row - left Side Or Motorcycle Passenger 05=5econd Row - Middle Position 06=Second Row - Right Side 07= Third Row Or Greater - Left Side 08=Third Row Or Greater- Middle Position 09= Third Row Or Greater - Right Side 10=Sleeper Section of Truckcab 1 1 =In Other Enclosed Passenger Or Cargo Area 12=ln Open Area (Back Of Pickup, Etc.) 13= Trailing Unit 14=Riding On Vehicle Exterior 1 5=Bus Passenger 98=Other 99=Unknown 3 EMS Agent)': I No t.Je. Page l m Safety fauiomMt One: E OO=None Used I Not Applicable 01=Shoulder 8elt Used 02=Lap Belt Used 03=Lap And Shoulder Belt Used 04=Child Safety Seat Used 05=Motoreycle Helmet Used 06=Bicycle Helmet Used 10=Safety 8elt Used Improperly 1 1 =Child Safety Seat uSed Improperly 12=Helmet Used Improperly 90=Restraint Used, Type Unknown 99=Unknown ')aferv EaujDment TINO: F OO=None Used / Not Applicable 01 =Front Air Bag Deployed (For This Seat) 02=5ide Air Bag Deployed (For This Seat) 03=Other Type Air Bag Deployed 04=Multiple Air Bags Deployed 05=Motorcycle Eye Protection 06=Bicyclist Wearing ElbowlKneeIPads 10=Air Bag Not Deployed, Switch On 11 =Air Bag Not Deployed. Switch Off 12=Air Bag Not Deployed. Unle Switch Setting 13::Air Bag Removed (Prior To Crash) 19=Unknown If Air Bag Deployed 99=Unknown I Medical Facility: I NO tV 6 111~11~ nlllll~111 p 0705828 I Crash Number fiIDjQn: G O=Not Applicable 1 =Not Ejected 2=Totally Ejected 3=Partially Ejected 9=Unknown H Ejection Path: O=Not Ejected I Not Applicable 1 = Through Side Door Opening 2=Through Side Window 3== Through Windshield 4= Through Back Door 5=Through Back Door Tailgate Opening 6= Through Roof Opening (Sunroof! Convertible Top Down) 7 = Through Roof Opening (Convertible Top Up) 9=Unknown ~ I Extrication: O=Not Applicable 1 =Not Extricated 2=Extricated By Mechanical Means 3=Freed By Non - Mechanical Means 8=Other 9-=Unknown . IIrtro I r"ii"l ~? ITr[I~r'Etrn rn~ ca[Qfu, 0 b I liE []~dJ Name I Address I Phone ~Same as I Operator I EMS Transport DYes 18) No Unit NO Person No I 1 Date of Birth (MM-DD-YYYY) ABC 0 E F G H I [IT] ~ Deote [Q]j]-[2liJ-[LJ[[1l8][2l[l][5][Qli](ID]~[JJ[Q]UJ Name I Address I Phone I . A EMS Transport o ~~r:~a~~r .::::r' fVN ~ (. L...r6t-l-\ I 0 5 ~ tv oR-1tl F-.J:i L '0 ve., ~t;:.S Li (p rr 0 Yes l)(J No Unit No Person No D I 7 Date of Birth (MM-DD-YYYV) ABC D E F G H I m [iI] ~e [IJ-[IJ -ITIIJ w[B[Q][Q]JJrn 0I2] UJ[Ql[O Name I Address I Phone lU Same as I ~Operator I EMS Transport o Yes ~NO Unit No Person No Date of Birth (MM-DD-yyyy) A B. C D E F G H I [ill [2[J D(;te1 illI]-@B] -[L[Iili ~ [E] L9J [ill] [QU] rn [JJ [Q] ell Name I Address I Phone o ~p~~a~~r lJ?AcM ~L $fIta:. . I EMS Transport J17 .:rv't\J'S.f~t:. bl ~i:.S L( 1&1- i 101 J 0 Yes (S?) No Unit No Person No D I t 1 Date of Birth (MM-DD-YYYY) ABC D E F G H I [IT] [IT] C; e [IJ- rn -ITIIJ OJ~[QJ[QEJ[ill] ~ []~ [I] Name I Address I Phone !VI Same as I Lp Operator I EMS Transr~rt DYes QitNo Unit No Person No 0 I 1 Date of Birth (MM-DD-yyyy) ABC D E F G H I m caJ c;e [Qli}-I ~lql-~C2J[B~~@]]J@@]ITJ~[JJ Name I Address I Phone [ r..;;;,;:: ) I EMS Transport o ~~~a:~r CWf.rtJi,i.( ~ (..t.J L 4 NV DIZ. f./J..L.L.SBv2C; I fir \[ 01 q h II Y3). -Wo~ 0 Yes ~NO FORM' AA-500 (17J02) PENNDOT COpy -' '^, A COMIftRO~WEAIl.TH Of Ft. aSYLVANIA I v f I POLICE CIlIASH RIEIPODmNG fORM M 500 p \PoIiceuseonIY)Jo;;_ \ ~~-n~'7 Page I rn t'St)New 1"II~IU"I'111I1 Crash Number I 14 Pi I [ill ~_? rn~rn1I:rndJcB@JrillJlo bib 161~[fudJ Name I Address I Phone EMS Transport ~~':~~~r I I 0 Yes 6?> No Unit No Person No DateofBirth (MM-DD-YYYY) ABC D E F G H I OJ CD De~te7 CD-[[]-ITIIJDDDCDCDOJDOD Name/Add~s/Phone I EMS Transport o ~=a:r 1 o Yes 0 No Unit No Person No DateofBirth (MM~DD-YYYY) ABC D E F G H 1 CO CD ~te1 CD-[[]-ITIIJDDDOJrnCOOOO Name I Add~s I Phone I EMS Transport o Same as I Operator o Yes 0 No Unit No Person No Date of Birth (MM-DD- YYYY) ABC D E F G H I CO OJ De~ete1 OJ-[[]-ITIIJDDOCOrnITJOOO Name I Address I Phone I EMS Transport o Same as I Operator o Yes 0 No Unit No Person No Ie DateofBirth (MM-DD-YYVY) ABC D E F G H r CIJrn ~te1 [D-[[]-ITIIJDDDITJrnITJODD Name/Add~s/Phone I EMS Transport osameas I Operator o Yes 0 No EDED~ED~CD1I:rnDDDdbcbdbDDD Name/Add~s/Phone I EMS Transport o Same as I Operator o Yes 0 No Unit No Person No Date ofBirth (MM-DD- YYYY) ABC 0 E F G H I CO ITJ ~te1 OJ-[TI-ITTIJDDDITJCOCODDD Name/Add~/Phone S I I EMS Transport Do~~r 0 Yes 0 No ED ED ~? [Ii~rn1I:rnDDDdJcbdJDDD Name J AddressJ Phar,e ~ Sa as EMS Transport DO~~torl I 0 Yes 0 No rn ED ~_? rn~rn1ITTIDDDdJcbcbDDD Name I Address I Phone o Same as [ I EMS Transport Operator DYes 0 No ED EEl DO_? rn~rn1ITTIDDodJdJcbDDD Name / Address / Phone OSameas I I EMS Transport Operator o Yes 0 No o Changel Continuation FOItM , AA-500 , (t2JUZJ PENNDOl COpy I ^ \ A COMMO~wreALTHI OF Pll-.:II~SYLVANDA ---I rVi I POLICE CIRASH REIl'ORTING FORM AA 500 4 l.jiu~o;tt - ( '56> ) q 59 Page I [M] c 0 ~ & III ~ .2 .5 .. c . > ~ i 'c :) [] O==Non-Colision 1 =Rear End ~ 1=On Travel Lanes W 2=Shoulder ITJ [] r;;:-) O=Dry Il2J 1=Wet Hann Event L1R Most? Utility Pole Number Unit No 1 [lli] 0 (2) ITIIIIIJ [[]2 IT] 0 0 ITIIIIIJ Please i>!Jt 3 IT] 0 0 ITIIIIIJ Events In Sequential Order 4 IT] 0 0 ITIIIIIJ Crash DesaiDtion 2=Head On 3-Rear to Rear (Backing) .~ I "!l i t Relation to Roadwav o e s ~ ! Illumination l!:5 u.... l ~ Weather Conditions Ii i \:1_ ~ Road SurflKe Conditions 3=Median 4=Roadside 3=Dark . Street Lights 4=Dusk 1 =Daylight 2=Dark - No Street Lights 1=No ~erse Conditions 2=Raln 3=Sleel (Hail) 4=Snow 2=Sltnd, Mud, Dirt, 3=Snow Covered Harm Event L1R Most1 Unit No ' [QIT] 0 0 0J 2 [ill] 0 (X) 00 00 Utility Pole Number ITIIIIIJ ITIIIIIJ ITIIIIIJ ITIIIIIJ Please Put IT] Events in 3 Sequential Order 4 IT] 17 First "f1ifmfu{ Event In i1ii"niih Unit No Harm Event [2[] ~ Unit No Hann Event [ill [E0 Most Harmful Event In ~h Do not repeat t~ in'~ion on multiple JIiges 18 Environmental I RoadwaY Potential Factors (EIR) 1 OO=None 01=Windy Cooditions 02=Sudden Weather Conditions 03=Other Weather Conditions 04=Deer In Roadway OS=Obstacle On Roadway 06=Other Animal On Roadway 07=Glare 08=Worl< Zone Related '~l:L~~l~~ 12=Substance On Roadway 13=Potholes 14=Broken Or Cracked Pavement 1S=TCD Obstructed 16=Soft Shoulder Or Shoulder Drop Off 28::Other Roadway Factor 29::Other E.nvironmental Factor 99=Unlcnown r:; o 1; Possible Vehicle FaIlures (V) ~ OO=None 06=Exhaust ~ 01=Tires 07=Headlights .5 02=Bralce System 08=Signal Ughts g' 03=Steering System 09=Other Lights .. 04=Suspension 1O=Hom j 05=Power Train 11 =Mirrors ~ ~~~ IT[] 1 101012 IT] 12=Wipers 13=Driver Seating/Control 14=8OOy, Doors, Hood, Etc 1 S= Trailer Hitch 16=Wheels 17=Airbags 18= Trailer Overloaded 19=UnsecurelShifted Trailer load 20=Improper Towing 21 =Obstructed Windshield 99=Unlcnown ~it[R] 1/01012 IT] 19 IndIcated Prime Factor Do not repe;;tthis mformalJDl'\ on multiple page~. fIR V D P OO@}O Unit No Fador Code [il] ~ Jf fiR is the Prime Factor Type, leave Unit No blank FoRM . AA-500H(DII:I'J ~New o Changel Continuation 4~ngle 5=Sideswi~ (Same Direction) 5::Outside Trafficway 6=10 Parking Lane 5=Dawn 6=Dark - Unknown Roadway Lighting 5=Fog 6=Rain & Fog 4=Slush 5=lce lilllllUlllllllllIll1 Crash Number -, Hannfui Events (Harm Event} 01==Hit Unit 1 D2=Hit Unit 2 03=Hit Unit 3 ~Hit Unit 4 OS=Hit Unit 5 06=Hit Other Traffic Unit 07==Hit Deer D8=Hit Other Animal 09=Collision With Other Non Fixed Object 11 =Struck By Unit 1 12=Struck By Unit 2 13=Struck By Unit 3 t4==Struck By Unit 4 15=Struck By Unit 5 16=Struck By Other Traffic Unit 21==Hit Tree Or Shrubbery 22:::Hit Embankment 23=Hit Utili~ Pole 24=Hit TraffIC Sign 25=Hit Guard Rail 26=Hit Guard Rail End 27:Hit Curb 28=Hit Concrete Or longitudinal Barrier 29=Hit Ditch Driller Action (D) OO=No Contributing Action 01=Driver Was Distracted 02=Driving Using Hand Held Phone 03=Driving Using Hands Free Phone 04=Malcing Illegal U-Turn OS=lmproper/Careless Turning 06= Tuming From Wrong lane 07=Proceeding WIO Clearance After Stop 08=Running Stop Sign 09:::Running Red Ught 10::Faiiure To Respond To Other Traffic Control Device 1'=Tailgating 12=Sudden SlowinglStopping 13=lIlegally Stoppe(! On Road 14=Careless Passing Or lane Change 1 S=Passing In No Passing Zone 16=Driving The Wrong Way On 1-Way Street Unit r;-r--, No LL..1-J 6=Sideswipe (Opposite Direction) 7=Hit Fixed Object 9=OtherJUnknown 7=Gore (Ramp Intersection) 9=Unknown 8=Hit Pedestrian 8=Other 7=S~et & Fog 8=OIher 6:::lce Patches 7=Watlir ~ Standing or MOVing 30=Hit Fence Or Wall 31=Hit Building 32=Hit Culvert 33=Hit Bridge Pier Or Abutment 34=Hit Parapet End 35=Hit Bridge Rail 36=Hit Boulder Or Obstacle On Roadway 37=Hit Impact Attenuatar 38=Hit Fire Hydrant 39=Hit Roadway Equipment 4O:::Hit Mail Box 41 =Hit Traffic Island 42=Hit Snow BanI<: 43=Hit Temporary Construction Barrier 48:Hit Other Fixed Object 49=Hit Unknown Fixed Object SD=OverturnIRolI Over 51 =StrucK By Thrown Or Failing Object 52=Pot Holes Or Other Pavement Irregularities 53=Jacknife 54=Fire In Vehide 58=Other Non-Collision 99=Unknown Harmful Event 9=Unknown 8=Other 17=Careless Or Illegal Backing On Roadway 18=Driving On The Wrong Side Of Road 19=Making Improper Entrance To Highway 20=Making Improper EXIt From Highw:'l)' 21=Careless ParklngAJnparlcing ~ 22=OverJUnder Compensation At Curve 23=Speeding 24=Driving Too Fast For Conditions 25=Failure To Maintain Proper Speed 26=Driver Fleeing Police (Pol Chase) 27=Drivl!f" Inexperienced 28=Failure To Use Spedalized Equip 92:Affected By Physical Condition 98:Other Improper Driving Actions 99=Unknown 1Jo/a12ITJ 3 IT] 4Q] ~~it[ill1IDlol 2 IT] 3 IT] 4[D Pedestrian Action (Pl OO=None 01=Entering Or Crossing At Specified Location 02=WaJkin9, Running, Jogging, Or PlaYing UnitNoIT] rn Pi3\.~~OT COpy 03=Working 04=Pushing Vehicle 05=Approaching Or leaving Vehicle 06=Worfdng On Vehicle 07=Standing 98=Otner 99=Unlmown UnitNo[TI rn I ..J It COMMONWEALTH OF ~~ .fJSYLVANIA N POLICE CRASH REPORTING FORM AA 5004 l:1Juo~- ('3>8,Q S-9 s~ i~ ~! o ~ S~ 5 ~ ~ e! 5 VN ~~ IU .. lD ~ "'<=. 17 18 19 o o o o o Ham Event UR Most? Unit No 1 [Qffi 0 ~ [j[J 2 [IE] 0 a Crash DescriDtion Relation to Roadwav Illumination Weather Conditions Road Surface Conditions c o 6 ~ E o ~ C 41 ::0- WoI :; ~ '2 ::) Please P~t 3 IT] 0 Events In Sequential Order 4 IT] 0 Harm Event L/R Most? Unit No 1 [ill 0 ~ GIJ2[I] 0 0 mOO moo Please Put 3 Events in Sequential Order 4 First Flifmfut Event In tneUiSh Unit No Hann event mm Most Harmful Event In 11ie?mh Do not repeal ,''''' lnlor~n on rnultipl~ ~ Unit No Harm Event m[I] c: o .~ " ~ o - .5 l:II C ;:; :J .D 'C .... c: 8 Environmental I Roadway Potential Factors (EIR) 1 OO=None 01 ==Windy Conditions 02=Sudden Weather Conditions 03=Other Weather Conditions 04=Deer In Roadway 05=Obstacle On Roadway 06=Otner Animal In Roadway 07=Glare 08=Work Zone Related Possible Vehide Failures ev, OO=None 06=Exhaust 01=Tires 07=Headlights 02=Brake System 08=Slgnal lights 03=Steering System 09=Other Lights 04=Suspension 10=Horn 05=?ower Train 11 =Mirrors ~~itm1rn2rn ~it [][] 1 ~ 2 [I] Indicated Prime Factor Do not repeat tnlS informatKll\ 0l"I multiple pages fIR V D P 0000 FORM. AA.SQO (12102) Page l [9I] O=Non.Colllsion 1=Rear End 2=Head On 3=Rear to Rear (Backing) 3=Median 4=Roadside 3=Dar1c . Street Lights 4=Dusk 1;:On Travel Lanes 2=Shoulder 1=Oaylight 2=Dark - No Street UQhts 1=No AQyerse CondItions 2=Rain o 3=Sleet (Hail) 4=Snow 2;$~nd. Mud, Dirt, Od 1 =Wet 3=Snow Covered Utility Pole Nun\6er lIIIIID lIIIIID lIIIIID lIIIIID o=Ory a Utility Pole Number lIIIIID lIIIIID lIIIIID lIIIIID m 2[0 3[0 11 =Slippery Road Conditions (IcelSnow) 12=Substance On Roadway 13=Potholes 14=Broken Or Cracked Pavement 15== TeD Obstructed 16=Soft Shoulder Or Shoulder Drop Off 28=Other Roadway Factor 29=Other Environmental Factor 99=Unknown , 2=Wi~rs 13=Driver Seating/Control 14=Body. Doors, Hood, Etc 15= TraUer Hitch 16=Wheels 17=Airbags 18= Trailer Overloaded 19=UnsecurelShtfted Trailer lo~ 20=Improper Towing 21 =Obstructed Windshield 99=Unknown Unit No Factor Code rnrn ff fiR is the Prime Factor Type, leave Unit No blank in iti~lIlltllllm p 0705828 Crash Number -, 4:AngJe 5=Sideswit!(l (Same Direction) 5=Outside Trafficway 6=ln Parl<ing Lane 5=:Dawn 6=Dark . Unknown Roadway Lighting 5=Fog 6::Rain & Fog 6=Sideswipe (Opposite Direction) 7=Hit Fixed Object 8=Hit Pedestrian . 9=OtherlUnknown 7=Gore (Ramp Intersection) 9=Unknown 8=Other 7=Sleet & Fog 8=Other 9=Unknown 6:\ce Patches 7=Water ~ Standing or MOVing Harmful Events (Harm Event) 30=Hit Fence Or Wall 01=Hit Unit 1 31=Hit Building 02=Hit Unit 2 32=Hit Culvert 03=Hit Unit 3 33=Hlt Bridge Pier Or Abutment 04=Hit Unit 4 34=Hit Parapet End 05=Hit Unit 5 35=Hit Bridge Rail 06=Hit Other Traffic Unit 36==Hit Bourder Or Obstacle 07=Hit Deer On Roadway 08=Hit Other Animal 37=Hit Impact Attenuator 09=Collision With Other Non 38=Hit Fire Hydrant Fixed Object 39=Hit Roadway Equipment 11 =Struck By Unit 1 40=Hit Mall Box 12=Struck By Unit 2 41 =Hlt Traffic: Island 13=Struck By Unit 3 42=Hit Snow Bank 14=Struck By Unit 4 43=Hit Temporary Construction 15=StrucK By Unit 5 Barrier 16=Struck By Other Traffic Unit 48=Hit Other Fixed Object 21 =Hit Tree Or Shrubbery 49=Hit Unknown Fixed Object 22=Hit Embankment 50=OverturnlRoll Over 23=Hit UtiliW Pole 51=Struck By Thrown Or Falling 24=Hit TraffiC Sign Object 25=Hit Guard Rail 52=Pot Holes Or Other 26=Hit Guard Rail End Pavement Irregufarities 27=Hit Curb 53=Jacknife 28=Hit Concrete Or 54=Fire In Vehicle Longitudinal Barrier 58=Other Non-Collision 29=Hit Ditch 99=Unknown Harmful Event 4sSIush 5::lce 8=Other Driver Action (D) OO=No Contributing Action 01 =Driver Was Distracted 02=Driving Using Hand Held Phone 03=Driving Using Hands Free Phone 04=Making Illegal U-Turn OS=lmproper/Careless Turning 06= Turning From Wrong Lane 07=ProceeCling WID Clearance After Stop 08=Running Stop Sign 09=Runntng Red Light 1 O=Failure To Respond To Other Traffic Control Device 11=Tailgatlng '2=5ucfden SIawinglStopping 13=lIIegally Stopped On Roaa 14=Careless Passing Or Lane Change 1 5=Passing In No Passir.g Zone 16=Driving The Wrong Way On l-Way Street ~~it [IT] 1 17=Careless Or Illegal Backing On Roadway 18=Driving On The Wrong Side Of Road 19=Making Improper Entrance To Highway 20=Making Improper 8(1t From Highway 21 =Careless ParklnglUnparkmg ~ 22=OverAJnder Compensation At Curve 23=Speeding 24=Drlving Too Fast For Conditions 25=Failure To Maintain Proper Speed 26=Driver Fleeing Police (Pol Chase) 27=Driver Inexperienced 28=Failure To Use Specialized Equip 92=Affected By Physical Condition 98=Other Improper Driving Actions 99",Unknown ~:jt ru 1 [ill] 2 [I] 3m 40] [Qill2[I] 3 [I] 4[I] Pedestrian Action (I') OO=None 01=Entering Or Crossing At Specified Location 02=Walkifl9. Running, Jogging, Or PlaYing Unit NOm m 03=Working 04=Pushing Vehicle 05=Approaching Or Leaving Vehicle 06=Working On Vehicle 07:Standing 98=Other 99=Unknown Unit No [I] CD PENNDOT COPY I '~JA COMMONWEALTH OF~... _,"SYLVANIA 111,11111111111111111I --J IV POLJCE CRASH REPORTING FORM Page U If I Crash Number " AA5005 .~_ t3B-ZQ \~ , (l]QJ P 0705828 I .---I---.!-..J.-j-i-+-J--!---f-.-I.-j--~--1-j._L__!-L_LLI-J-I--:-:+-I-I-, 1 ...... - ........... ............. ........... ..#....... .u........ ........... ......",. ..... .... AI..,...,......... ~C ,C_!... r . . . . . . . . . . '. . ........ .....,.. I 1 I ~ l~~ ; l 1 1 j i 1 j j l) " .! 1 ! : 1 1 j 21 Witness Name 1 No,.J '- ~ \)Ol/j U 2 'i!P Address Phone Narrative and additional witnesses: Accident Investigation Notification Issued? c:2} Property Damage 0 . > ;; ~ ~ ~ 1:1 c II lI\ 2 ;: C ;t i FORM. AA.SOo (120021 PENNDOT COpy .~- ~-~---- ---.-- -- ---- - -- . -..J 'l", rh.- Coom~O~nf OlF'lI.. JSYLVANIA ., v T 1 IFOn.DCIE ClIIASO(I IltIED>>OGmNG fORM · AA'SOON l~,-,~- ,1B1q~ Page I [[[] G?) New o Changel Continuation Ii; 1111111111111111111111 Crash Number I Narrative and additional witnesses: 22 o > ! t o z 1 a Q Q o Ii i to ~ 1i ::::il C ~ 0 ~(alIIIlII 1?iEL\:.~ COpy Exhi bit Q., [ERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNEH. lIt EDMUND G. MYERS DAVlD W DELuCE JOHN A. STATLEIt JEFFERSON J. SHIPI\IAN RALPH H. WRIGHT JR. MARK C. DUFFI[ [OHN R. NINOSKY MICHAEL J. CASSIDY lVIELlSSA PEEL GREEVY ROBEHT M. WALI\ER WADE D. l'VJANLEY ELIZABETH D SNOVER OF COUNSEL HORACE A. IOHNSON BRUCE I GROSSMAN \lIso adl11it1cd in NY L A VV 0 F Fie E s. JOHNSON DUFFIE FLEE SHIPI\lAN WRITER'S EXT. NO. l\i~65-2(J(J(,1 E-MAILjjS@jdsw.com August 31, 2006 Richard A. Sad lock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Re: Speck v. Bollinger, McCarty and Tan & Health No. 06-285 Civil Term Dear Rich: This will confirm our recent telephone conference during which I extended a final offer on behalf of both Defendants in the full amount of $25,000. Please communicate with your clients and let me know their position. If not acceptable, then we will need to schedule the IME of the Plaintiff when she returns to the area for her Christmas break in December 2006. Very truly yours, JJS:mem NSON, DUFFIE, STEWART & WEIDNER cc: Daniel K. Deardorff, Esquire 301 MARKET STREET PO. BOX 109 LE1VIOYNE. PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.7fi1.4540 FAX: 717.761.3015 MAIL@JDS\V.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Exhi b.+ b POWER OF ATTORNEY AND FEE AGREE1\1ENT BY SIGNING THIS AGREEMENT, I (WE) ACKNOWLEDGE 1HA T I (WE) HAVE ENGAGED TIrE LAW FIRM OF ANGINa & ROVNER, P .C. (HEREINAFTER A & R), TO REPRESENT ME (US) UNDER THE FOLLOWlNG 'TERMS AND CONDmONS: 1. A & R may on my (our) behalf secure medical, work and other similar records, conduct an investigation, negotiate, and if necessary start suit against anyone responsible for my (our) injuries and losses with respect to , with full power and authority to appear on behalf of the undersigned in any Court of record or in any ~c1ministrative or other proceeding, to do and perform all and every act and thing whatsoever that may be requisite and necessary to be done in connection with the above claim as fully as the undersigned might or could do if personally present; hereby ratifying and confirming all that said attorneys shall lawfully do or cause to be done therein by virtue of this power of attorney. 2. I (we) understand that so long as the case is handled by an A & R attorney, I (we) will not be responsible for any fees and/or expenses unless a recovery or benefit is obtained. 3. Ifmy (our) case is handled to a successful completion by an A & R attorney, I (we) agree to pay A & R all reasonable out-of-.pocket expenses without the payment of interest, plus a fee for time expended as follows: A&R l\1E (Us) a SETIl..EMENTPRlOR TO STAR~G SUIT 30% 70% b. SETI1.EMENT FOLLOWD-lG SUIT BUT PRIOR TO TRIAL OR ARBIT.RA nON 35% 65% c. SETILEMENT OR VERDICT AT TRlAL OR ARBITRA nON, AFTER 1RIAL, ARBITRATION, OR APPEALS OR SHORTLY BEFORE TRIAL AND AFTER CASE HAS BEEN TOTALLY 40% 60% PREPARED d. J17 NO-FAULT RECOVERY OR NON-MONETARY BENEID: RICHARD C. ANGINO ($500); NElL J. ROVNER ($450); ASSOCIATES ($400) PER HOUR BUT NOT TO EXCEED 40% OF TOTAL RECOVERY OF VALUE OF BENEFlT e. OlliER CASES I I 4. If for any reason I (we) take my (our) case to another attorney or law firm including a former A & R attorney or handle it myself (ourselves), I (we) recognize that A & R has, in good faith, expended money and time for my (our) benefit and I (we) therefore agree to pay, or have my (our) new attorney pay, immediately, upon severing the A & R attorney/client relationship, all the out-of-pocket expenses incurred on my (our) case plus interest at the rate of 6% per annum from the date of each expenditure. In addition, when the case is successfully concluded, I(we) agree to payor to direct lny (our) new attorney to pay as a fee 20% of the gross recovery to A & R. 2082] 9. I\CMG\1vfLB (OYER) r~vised 4/03 5. In the event that any settlement is made on a structured or deferred payment basis, A & R shall be entitled to receive their percentage based on the present value of the sbuctured settlement, if paid as a lump sum at the time of settlement. 6. Ifby settlement or operation of law, benefits are to be paid periodically in the future, the attorneys' fee due to Angino & Rovner, P.C., on such benefits will be calculated by taking the present value of such future payments at the time of the award based upon the then existing federal funds discount rate and will be paid in a lump sum to the attorneys at the time of settlement or verdict. 1 (we) agree not to settle or discuss settlement of my (our) case without the written consent of A & R. PLEASE COMPLETE SECTION BELOW PERSONAL INFORMATION Receiving Support from Dept of Welfare or Public Assistance (Including Cash) Receiving MedicarelMedicaid Injured's Name Injured's Social Security Number Injured's Date of Birth Street City, State, Zip (circle one) (circle one) Address Telephone Home Work By SIGNING TIllS AGREEMENT, TInS ~ DAY OF HA VB READ, UNDERSTOOD, AND RECEIVED A COPY OF SAME . 200''11 (WE) ACKNOWLEDGE lHATI (WE) AGREE wITifrrs TERMS AND CONDmONS. ~ - .d" r~ (SEAL) (SEAL) I recognize that in order to investigate my claim, Angino & Rovner, P.C., will obtain my medical records and other personal medical information. I understand Angino & Rovner may disclose my medical information to experts, insurance carriers, defendants, other attorneys and/or other individuals necessary to pursue my case. I have been informed that I have the right to privacy in my medical records under the Health. Insurance Portability and Accountability Act, 42 V.S.C. ~ 1320, et seq. If this Act would be deemed to apply to disclosures made by Angino & Rovner, I hereby waive any rights I may have under the aforementioned Act and hereby hold Angino ovner, P .C., s for any actions which may be affected by HIP AA or the regulations thereunder. Exhibit E Angino & Rovner, P.C. ** CASE/ACCOUNTING REGISTER ** PREPARED: 9/25/2006 FILE NUMBER............: 04080 PAGE: CLIENT.................: SPECK,BRIAN FOR RACHEL,A MINOR DATE IN OFFICE.........: 4/20/2004 TYPE OF CASE...........: A DEFENDANT(S) ...........: WILBERT B. BOLLINGER; TWYLA J. BOLLINGER; THOMAS M. MCCARTY & TAN & HEALTH SUPPLY, INC. ATTORNEY IN CHARGE.....: RAS FORWARDER..............: REFERRAL. . . . . . . . . . . . . . . : SPECIAL NOTE(S) ........: W-9 ---------------------------------------------------------------------~------------------------------ *** FILE EXPENSES *** DESCRIPTION DATE QUANTITY UNIT/PRICE AMOUNT PERSON FAX CHARGES (PER PAGE) 9/05/2006 3.00 1.00 3.00 ------------ EXPENSE TYPE TOTAL: FAX CHARGES (PER PAGE) 3.00 * INVESTIGATION TIME EXPENSE 12/05/2005 1.50 70.00 105.00 MAS INVESTIGATION TIME EXPENSE 8/09/2006 1.50 70.00 105.00 MAS .----------- EXPENSE TYPE TOTAL: INVESTIGATION TIME EXPENSE 210.00 * LONG DISTANCE 9/21/2006 20.00 .----------- EXPENSE TYPE TOTAL: LONG DISTANCE 20.00 * PHOTOCOPIES 9/21/2006 2,282.00 .25 570.50 PHOTOCOPIES 9/21/2006 40.00 .25 10.00 .----------- EXPENSE TYPE TOTAL: PHOTOCOPIES 580.50 * POSTAGE 5/24/2004 4.00 .37 1.48 POSTAGE 5/27/2004 1.06 POSTAGE 6/09/2004 .37 POSTAGE 6/10/2004 1.06 POSTAGE 6/15/2004 .37 POSTAGE 6/25/2004 .74 POSTAGE 6/25/2004 .37 POSTAGE 7/01/2004 .37 POSTAGE 7/14/2004 2.00 .37 .74 POSTAGE 7/14/2004 .37 POSTAGE 7/26/2004 .37 POSTAGE 8/02/2004 2.98 1 Angino & Rovner, P.C. ** CASE/ACCOUNTING REGISTER ** PREPARED: 9/25/2006 FILE NUMBER. ...........: 04080 PAGE: 2 CLIENT.................: SPECK, BRIAN FOR RACHEL,A MINOR ---------------------------------------------------------------------------------------------------- POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE 8/10/2004 8/23/2004 2/16/2005 1/11/2006 1/12/2006 1/12/2006 3/02/2006 4/05/2006 9/21/2006 9/21/2006 9/21/2006 2.00 .60 1.20 .37 .37 3.03 .37 .40 .39 .78 102.54 1.56 2.17 2.00 .39 EXPENSE TYPE TOTAL: POSTAGE 123.46 * SUB-TOTAL 936.96 ** *** CHECK EXPENSES *** DESCRIPTION DATE CHECK# AMOUNT CARLISLE PEDIATRIC ASSOC. 5/05/2004 60711 21. 00 COMMONWEALTH OF PENNSYLVANIA 5/05/2004 60735 8.00 CHARTONE , INC. 6/09/2004 61040 26.98 CHARTONE , INC. 6/09/2004 61040 35.85 CHARTONE , INC. 7/22/2004 61498 19.55 CHARTONE , INC. 8/04/2004 61624 22.19 CHARTONE , INC. 10/06/2004 62333 30.81 CHARTONE , INC. 10/13/2004 62393 26.98 CHARTONE , INC. 6/01/2005 64864 58.25 ALEXANDER SPRING REHAB , INC. 6/09/2005 64995 124.92 CHARTONE , INC. 6/22/2005 65121 22.89 RECORDEX ACQUISITION CORP 6/29/2005 65170 26.45 MCCANN CHIROPRACTIC CENTER 9/14/2005 65991 25.00 SHERIFF OF CUMBERLAND COUNTY 1/11/2006 67189 350.00 PROTH OF CUMBERLAND COUNTY 1/11/2006 67190 55.50 RUSSELL A. MACALUSO, M.D. 3/22/2006 67986 61.49 JOHNSON, DUFFIE, STEWART 7/26/2006 69268 18.36 HUGHES,ALBRIGHT,FOLTZ & NATALE 8/30/2006 69610 387.35 =-========== SUB-TOTAL 1,321. 57 ** ------------ TOTAL EXPENSES 2,258.53 *** ---------------------------------------------------------------------------------------------------- ***** RECEIPTS SOURCE SHER. OF CUMB. CO. REASON DATE 2/28/2006 AMOUNT 164.00 RTN. RECEIPTS TOTAL 164.00 *** CUSTOMER NAME Angino & Rovner, P.C. ** CASE/ACCOUNTING REGISTER ** FILE NUMBER............: 04080 CLIENT.................: SPECK,BRIAN FOR RACHEL,A MINOR * OUTSTANDING INVOICES * INV# INV DATE $BILLED $ PAID OUTSTANDING INVOICE TOTAL ** END OF FILE ** TOTAL.. . PREPARED: 9/25/2006 PAGE: 3 $DUE .00 *** 2,094.53- EXhibi+ F STATEMENT CONCERNING CHILD SUPPORT ARREARS . PLEASE CHECK AND COMPLETE THE PARAGRAPHS THAT APPLY TO YOU ( ) I, Rachel Speck , hereby certify that I do not have an Order for Child Support entered against me or I do not owe any arrears. ( ) I, , hereby certify that according to the Pennsylvania Child Support Enforcement System Website, that I currently owe $ in child support arrears as shown on the attached printout from the website. ( ) I, , hereby certify that an Order for Child Support has been entered against me. (please attach.) I acknowledge that I am in arrears in paying support and that I currently owe $ in child support. (Attach any documentation confirming such arrears.) If there are arrears owed, I acknowledge that the arrears constitute a lien against my personal injury or workers' compensation settlement or award. I hereby acknowledge that my attorney is obligated by state law to pay the amount of the lien to Pennsylvania SCDU prior to the distribution of any settlement or award proceeds to me. I authorize my attorney to submit payment to SCDU of any lien amount for child support arrears as shown by the website printout. Even if I dispute the amount of arrears shown on the web site printout, I acknowledge that my attorney is obligated to submit the amount currently shown. I understand that I can then take steps to dispute the amount, but my attorney is not under any obligation to represent me in that dispute unless I hire him specifically for that purpose. My attorney's current representation of me in this personal injury or workers' compensation matter does not include representation concerning the dispute of child support arrears. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Printed name: Rachel Speck Address: 337 Juniper Street Carlisle. PA 17013 Date of Birth: 1/9/90 SSN#: 161-72-2899 ~~ c -->/>J Signature: Brian Speaf{, as parent and natural guardian of Rachel Speck Date: vi::/t> 6 333811 ~ '0 en :..:.. 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CII O'C (")-" iig;ln~ ~ t:r Un D. rt'(1)~O :To.WID (1)....Ofll 5"~!>>3 0'..,;::'111 .,0)>111 3~"""~ QlIIIDlg !:!1II::l11l o go.., ~(1)c;,g .., -......., c o::l' -' s"~ ;i~ g-Ql (1) 3 o.gDlg 0'11I=tUl' -< _.(1) g~~g _(1)CII ~~ gS' ~~iii! ~Dlgiil ~a(1)~ ""0 II ? :,+;;~,-: ~:.;,. t:,+:;;~:,f ';J(fij? :~.:,it O""T1c:;orn'" C"'lIl"'o "r"" n> ,.. :::T :::T -, moO ~ Di"Q QI QI (D ,.,.CCa:I"'I"~~~ o' (\) - 0 ell 10 IC U) ~~c~oellell(D lIl_~lIlo""oDI -< ;r;; 03 .., QI .., )> 1Il =It g, 1Il n 1Il -. m - ~ :r ~ @a:ello 0. n .., 0. ~;;y~~;i gnl1l....11I ~~~~~ !:!.\DlDlog g~3.g3 -oWODlDl .,UlCri-!:! ~~~3g _.0. tIl g.~3~-g o.__~o~ 0' ""........-. -<...... 0'''' g. :f~11Ig.0. CII-.o.O =0' ,...... 0' 0-< 5'.:::!!.~g ~~~ ~iii" ::l::To.DI...... ~111-~~ CIIoao~ -.(1) 3""::l ~-g....g.~ iii"ri-:TI1ICII _"3t1lQlr;: gl1lo3(1) o;;.Qoo.o =t - c ~ao~l& ......,,00::1 o c 3 .....0 .,O'(1)CII.... g K ~-5 8 ....~o-g~ a~~ri-;;f g.~~~~ ~ tIl o' ~ (1) . iii" ~ QI ~ ::lUl!i\o ~l1In31 =~ (1) Q. ~ga.~ iiCII~~ ~5~a :fo.o~ 11I~~Q NO!:! ""....0 ::l ... to' ::J en m OJ .., n :r " tD U) C ;; U) ..... '""d (tl g ~ <" ~ .... $:I) 2 ...- P- CI.l .g "d o ~ ~ go C/) ..... ft r"" ;' ::::J % o 3 (D I v I '=' o (') ~ .-+ V ?O 111 CII C lif ::r: In 0 3 \" (1) .., \~ {fl (1) OJ ., n :::T {fl ;:;: ro 3: tll -0 " .... <' OJ Q () 0 ::l rt tll n r"r ""'t c ~ (/l (t :r l- (1) c -0 ... ... . 11 VERIFICATION I, Brian Speck, as parent and natural guardian of Rachel Speck, have read the foregoing PETITION FOR APPROVAL OF SETTLEMENT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~ Dated: 0; (/,,/ ( lJJo &~ Brian Speck n~"u" ftr NOTARIAL SEAL SUZANNE M. BELDEN, NOTARY PUBLIC CARUSlE BOROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES MAY 10, 2008 , 314782 . . CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing PETITION FOR APPROVAL was served via United States first-class mail, postage prepaid, upon the following: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 Counsel for Wilbert B. and Twyla J. Bollinger Jefferson 1. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne,PA 17043-0109 Counsel for Thomas McCarty and Tan & Health Supply, Inc. Date: October 3, 2006 (l ?~~ ~ ?~ o (, ) --~ _1 -<. ~ -4 ff.,c !~~l I <..:1 '-? ,~ ," ) ',j--l ,-' ((1 { ) ':-\ '~p "']J :.-<. "-:? t'.) ",;::> . ~ . . OCT 0 6 2006 $( ANGINO & ROVNER, P.C. Richard A. Sad lock, Esquire Attorney 10#: 47281 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rsadlock@angino-rovner.com Attorneys for Plaintiffs: Brian Speck and Rachel Speck BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WILBERT B. BOLLINGER, TWYLA 1. BOLLINGER, Defendants NO. 06-285 Civil Term v. THOMASM.MCCARTY,and TAN & HEALTH SUPPLY, INC., Additional Defendants JURY TRIAL DEMANDED ORDER AND NOW this I (~ day of o~ , 2005, upon consideration of the Petition for Approval of Minor's Settlement, it is hereby ordered that the Petitioner is authorized to enter into a settlement of Twenty-five Thousand Dollars ($25,000.00). Petitioner is authorized to sign a Release. The settlement amount shall be distributed as follows: TO: Angino & Rovner, P.C. , attorneys at law, $8,750.00 for counsel fees; TO: Angino & Rovner, P.C. , attorneys at law, $2,094.53 for reimbursement of costs; . - TO: Brian Speck, as Parent and Natural Guardian of Rachel Speck, a mmor, $14,155.47 to be deposited into a restricted, federally insured account marked ''No withdrawals prior to age 18 without prior court approval." TOTAL AMOUNT OF DISTRIBUTION: $25,000.00 Counsel shall provide to the Court, within ten (10) days from the date of this order proof of such deposit. 1. Vii'fV;'\lASNN3d Ii pr,r"-\ ,r. :-u'''''Mn''' I\.J..J', i ,..'., _ <'::_:r"~', 'if ....J tl0 : /I Hlt r, 1309Daz A'tJV1Ci.;c);;i.Ck!d 3Hl.::lO j~)!-!:,o-crn.:! ... ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID#: 47281 4503 North Front Street Harrisburg, P A 1711 0-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rsadlock@angino-rovner.com BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff v. WILBERT B. BOLLINGER, TWYLA 1. BOLLINGER, Defendants v. THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Additional Defendants TO THE PROTHONOTARY: Attorneys for Plaintiffs: Brian Speck and Rachel Soeck IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-285 Civil Term JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action as settled, satisfied, and discontinued. Date: December 13,2006 II 11 I i . - CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing PRAECIPE was served via United States first-class mail, postage prepaid, upon the following: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 Counsel for Wilbert B. and Twyla J. Bollinger Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Thomas McCarty and Tan & Health Supply, Inc. Date: December 13,2006 343539 (') ?2. f;'. r-J g 0"" CJ r-n (I -~:.;.. - .- ..... o .-n ~-n ['ilp rr. q T: ~j;~, .~~~ ';::::'\ ~ ::..:::. 0.) ~'- - ANGINO & ROVNER, P.c. Richard A. Sadlock, Esquire Attorney 10#: 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rsadlock@angino-rovner.com BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff Attorneys for Plaintiffs: Brian Speck and Rachel Speck IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, Defendants CIVIL ACTION - LAW v. THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Additional Defendants NO. 06-285 Civil Term JURY TRIAL DEMANDED PROOF OF DEPOSIT In accordance with Pennsylvania Rule of Civil Procedure 2039, attached is a photocopy of the deposit slip issued on November 14, 2006, from PNC Bank to Brian Speck as Custodian of Rachel Speck, as proof of deposit of the settlement proceeds. No withdrawal can be made from any such account until the Minor attains majority, except as authorized by a prior Order of Court. I.D. No. 47281 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 Counsel for Plaintiff Date: December 13,2006 343531 ~~-- - ---------~-_._'-'-'-,~"~~, ::f' ... (~. I~ .' .i.-; c) .J\ 0: ..,......... ~ , ':y:.; ':i..; ": ~,~ V) ~ - '~ \.,,00"; .To". V 's;--: U I' i____........:.~ o co . co ..(1 100 .....0 '.N v:> .....0 lJ'tZ ':t '(I .....1"- o 100 00 .. ,,-l "1'00 m.....v .Y. If) .... IJ 0 '!) <11 V.l1"- .I:.O..... I.) '~ :I: ....1f.I ..jJl()3 ;:483 ~:j ~1] P- ~~ ~ ~ PNCBAN< 040 CARLISLE (176) 105 NOBLE BOULEVARD CARLISLE PA 17013 Cashbox 01 '::: Ln O. rfI o c.D .... Ln o O. LI1 * Deposit Check 10:05 NOV 14 2006 Account Number Tran Amount 5005160305 $14,158.80 WIS ID WWSH1761 Sequence Number 00076 Batch 401 .." -(, o ..... .. O. J This deposit or PIY.ent Is accepted subject to verification IInd to the rules IInd rellulations of this blink. Deposits lay not be aVlIllable for IllIedlllte wlthdrlllllll. Receipt should be held until verified with your stllte.lnt. t-. o o .J, . tll t'.-tio' - 8l0Ll e!UeA1ASUuild ills!lJe:) pJeAil]nog illqON SO l dnOJ9 saJ!AJas lepueU!:1 ::lNd all! jO Jaqwaw wpJ'Jud@ne4Sjn6'ua4s OZS8-8'7Z-LlL:I LlJ89'8'1l'LlL 1 jUennsuo:) sales lelJueul::I nellSnn9 pailS >LN.VH.:lN.d @ ,/ CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of Angino & Rovner, P.c., hereby certify that a true and correct copy of the foregoing PROOF OF DEPOSIT was served via United States frrst-class mail, postage prepaid, upon the following: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 Counsel for Wilbert B. and Twyla J. Bollinger Jefferson 1. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lenloyne,Pi\ 17043-0109 Counsel for Thomas McCarty and Tan & Health Supply, Inc. i1!1~ Marc L. Brymesser Date: December 13,2006 343539 Cl G ...." C;, ,,::;::J ;:;;"-" o C,-\ 'cO) - .r:- o 4'1 ..-\ :r:. -r. (1';:: -~J_ \..:-~ .'.~ ", '--" :.'~.'\(:.e' -0 ::~: "', r':~; .:::~\ ~f1 ::;:,~ -,." ~!l - 0) ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID#: 47281 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rsadlock@angino-rovner.com Attorneys for Plaintiffs: Brian Soeck and Rachel Speck BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, Defendants NO. 06-285 Civil Term v. THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Additional Defendants JURY TRIAL DEMANDED PETITION TO WITHDRAW FUNDS The Petition of minor Plaintiff, Rachel Speck, by her parent and natural guardian, Brian Speck, respectfully represents: 1. Rachel Speck, the minor Plaintiff, is the daughter of Brian Speck, Petitioner herein. Rachel Speck is 17years old having been born on January 9, 1990. 2. On April 7, 2004, Rachel Speck, sustained severe cervical, thoracic and lwnbar strain/sprain and chronic headaches as a result of a motor vehicle accident. 3. As a result of the accident, multiple claims were brought on behalf of Rachel Speck against the tortfeasors. 4. A Petition for Court Approval of the settlement of minor Plaintiffs claim versus the tortfeasor was filed on October 5, 2006, and approved by The Honorable Edward E. Guido on October 11,2006. 5. Your Honorable Court's Order approving the settlement directed the mmor Plaintiffs balance to be deposited into an interest-earning account in a bank for minor Plaintiff. 6. The Order further required the aforementioned deposit be in a bank which is insured by Federal Government and that no withdrawal would be allowed from such an account except as authorized by Order of Court. A copy of the Proof of Deposit is attached hereto as Exhibit A. 7. Petitioner herein requests Your Honorable Court issue an Order authorizing the withdrawal of $500.00 per month for six months for the payment of rent for minor Plaintiff while she is attending Miami City Ballet in Miami Beach, Florida. WHEREFORE, Petitioners respectfully request Your Honorable Court grant the instant Petition to Withdraw Foods. .D.No. 4503 N. r Harrisburg, P A (717) 238-6791 Counsel for Petitioner Date: January 5, 2007 343542 ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID#: 47281 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rsadlock@anl!ino-rovner.com BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff p ~ r-) = c;j' ...-. "-.' 11. r..:::; l' ~ i r; --l -,- (1 -n tT'; '_,_T C,\ .+"; :._0) .~~ \'1) "'n :.< --""~ ~~2 ~ Attorneys for Plaintiffs: Brian Soeck and Rachel SDeck IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, Defendants v. THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Additional Defendants CIVIL ACTION - LA W NO. 06-285 Civil Term JURY TRIAL DEMANDED PROOF OF DEPOSIT In accordance with Pennsylvania Rule of Civil Procedure 2039, attached is a photocopy of the deposit slip issued on November 14, 2006, from PNC Bank to Brian Speck as Custodian of Rachel Speck, as proof of deposit of the settlement proceeds. No withdrawal can be made from any such account until the Minor attains majority, except as authorized by a prior Order of Court. Date: December 13,2006 343531 J.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff I PLAINTlFPS EXHIBIT A ---.,.-~~-----"~, --'T< -, '- .- :.::-:1'1'"'"' -l-- ~_ 1:::: .:.J -.;(" ?-~..... l..,j; -....-:-. ~ ." '"', ~"I: .,.,..-j ; '-.--" ' :.....) I r ~, '~'-L; f. :L ,..,. ..., y' ''!-'': ...... ;i.1- { ,~~L i :,"~ \;' } ~/ ~/; _~ '"i " i ?~ 1......: .~____ '~J ~1j ..:$ --: .,<, r<1.<P \-~ -~:" CCi. -.J) JJ:t [:J """'0 ~'N 7. ::~ "'"'0 ~~ ~. '.(.~ ,... t- O 10 '=' ':::::. CI Ii. ..,..... "'tOO m .,-.t~, ..:.:t If) T""f '.10 '..fj ~ t? i": _ ,-1."oM U,',D I M (f) +' /I) :== 0-:::- ~'''"''-.- ':::::. , ,If)..., "'7 0 .,~: .,.1) :~o~ iffi~.~" 8' . .-.( '::', : .~. ~<:g -7 ~:: ',~~~ ~~~ ~. , i I I I i i I i I I J I ! i I I i I ~ I J LI1 - j 0 rn I 0 ; t.D i I '..a I LI1 I I 0 ! 0, i LI1 I I . .' ! - I 0 ..a - r 0, .z'. o PNCBAN< 040 CARLISLE (176) 105 NOBLE BOULEVARD CARLISLE PA 17013 Cashbox 01 * Deposit Check 10:05 NOV 14 2006 Account Number Tran Amount 5005160305 $14, 158.80 W/S 10 WWSH1761 Sequence Number 00076 Batch 401 This deposit or P8Yllent is IIccepted subject to verification and to the rules and regulations of this bank. Deposits lIay not be IIvai1able for immediate Withdrawal. Receipt should be held unti 1 veri fied wi th YDUr stlltelllent. :"." .0 _0 :' J. ..,~; _1 1 I j , ,- ,~.. - ... " _~~~_i S LOL. L e!UeA]ASUutld tl]S!]Je:) pJeAtl]nog tl]qoN SO l dnOJ9 S6:l!hJ6S lepueu!~ :JNd 641 jO J6qW6H w~)J'Jud @neLlsin5'IJtlLlS OZSS-S7Z-LlL. ~ L.;S9-S7Z-LLL. 1 iUei]nSUO:J sales ]epueu1.::l ne!l{snn9 P64S >LN.V8..:>N.d ~ / CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing PROOF OF DEPOSIT was served via United States frrst-class mail, postage prepaid, upon the following: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 Counsel for Wilbert B. and T"WYla J Bollinger Jefferson 1. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Thomas McCarty and Tan & Health Supply, Inc. 't!1~ Marc L. Brymesser Date: December 13,2006 343539 1- VERIFICATION I, Brian Speck, as parent and natural guardian of Rachel Speck, and Rachel Speck, have read the foregoing PETITION TO WITHDRAW FUNDS and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section A . t/.f.__-~_/J~ Brian Speck //"7 , I / / I it, Rachel SpeCk ~~J- / Dated: / )//~) /. Ii.-..:) /./ .' O<b/ './ ~.:) 314782 ( .~'''. ,." i;5 -) o 'n :? ;"rl i"2'! .~8 ?(:' , ;,,'0" ~_:~i~i _35 .< I CO -n C) t::) ~ ORDER AND NOW, this I'..,). day of LiANII.IIJ , 2007 it is herehy Ordered and D ClJit!b ~ ; ~tH4 t Decreed that the Petition to Withdraw Funds from Minor Plaintiff's Account is Cftb4rtH~];') ~1:h"8r P~~-r\Ad".(;~. wt... ~t,)~ let ~.&.t.-d t-o ;..,fI-t.... cJt>c.IAM'#l ftlf.,r/'l,i~ Plaillti:r~c.uGnt i~ mtti161i:t{,d to withdllh. ~see.ee pd lilUlilfl 1\.,~ 31'l! nUIM8.a W8Hi tR~ pw""""",l".of (J.~, e.. i~ 'l '1'h '~A,...eN""J' /t.~S,"( ac. e s. ~ N e:l $.A)~~ fidAJ ~a8R81 ~t189k's !l~~Rl8Rt fSl lIaBt.-v:hile a1iel~ih€; thc1ditMl\1 Qtfy Ballet 11\ MifttBi B~a'eh, rIulidu. (L" CA. n,J " Ni ~e.- ~c."'oU<;f.'~ IletJlMM ev+- / S $ GttE "'~pd..~ r -!~Lhtip"~~ -rt-€ ~f!ttA~s.. - f ANGINO & ROVNER, P.c. Richard A. Sadlock, Esquire Attorney 10#: 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rsadlock@angino-rovner.com BRIAN SPECK, As Parent and Natural Guardian of RACHEL SPECK, a minor, Plaintiff v. WILBERT B. BOLLINGER, TWYLA J. BOLLINGER, Defendants v. THOMAS M. MCCARTY, and TAN & HEALTH SUPPLY, INC., Additional Defendants 343542 JAM () 9 2007 "." I ) Attorneys for Plaintiffs: Brian Speck and Rachel Speck IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-285 Civil Term JURY TRIAL DEMANDED ,""",'/ .\ B)j;1fHE COURT: \ t<" I __. L__...-- J. S I :Z Hd II NVr LCOl AtJV1C;\)OHlCdd 3Hl :lO :Ci::bO"03l1:l