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Home My WebLink About01-5301 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA KROENER and ROBERT KROENER, her husband Plaintiffs CONSIGLIA ARENA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 235780 I\RAS\MLB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA KROENER and ROBERT KROENER, her husband Plaintiffs CONSIGLIA ARENA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 235780 I\RAS\MLB 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA KROENER and CIVIL ACTION - LAW ROBERT KROENER, her husband Plaintiffs CONSIGLIA ARENA, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Donna Kroener and Robert Kroener are adult individuals, citizens of the State of Arizona, who previously resided at 516 Springhouse Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant Consiglia Arena is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 40akwood Court, Camp Hill, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about December 16, 2000, in the parking lot of Giant Foods, Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Donna Kroener had just finished shopping at Giant Foods and was exiting the store to enter the parking lot and to get into her car. 5. At that time and place, Plaintiff Donna Kroener was walking in the area marked for pedestrians. 6. At that time and place, Defendant Consiglia Arena was operating her 1998 Plymouth Voyager in the parking lot of Giant Foods. 7. At that time and place, Defendant Consiglia Arena failed to stop at a stop sign, failed to stop for pedestrian traffic, and struck Plaintiff Dorma Kroener causing Plaintiff Donna Kroener to fall to the ground. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Donna Kroener are the direct and proximate result of the negligent, careless, wanton, and reckless conduct of Defendant Consigha Arena as follows: (a) failure to keep alert and maintain a proper watch for the presence of pedestrians who might be in the parking lot; (b) failing to properly inspect the premises for situations or conditions that might pose a hazard to persons in the area; (c) failure to apply her brakes in sufficient time to avoid striking Plaintiff Donna Kroener; (d) failure to keep proper and adequate control over her vehicle; (e) failure to yield the to a pedestrian who was properly crossing the parking lot; (f) failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; (g) failure to keep alert and maintain a proper watch for the presence of pedestrians on the highway; (h) failure to travel at a safe speed; and 234865. I\RAS\PAS 2 (i) driving her vehicle in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I DONNA KROENER v. CONSIGLIA ARENA 9. Paragraphs 1 through 8 of Plaintiff's Complaint are incorporated herein by reference. 10. As a direct and proximate result of the aforementioned accident, Plaintiff Donna Kroener sustained painful and severe injuries, which include, but are not limited to, a fracture of the proximal and distal phalanx of the right great toe and multiple contusions and abrasions. 11. As a result of the injuries sustained, Plaintiff Donna Kroener 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. 12. Because of the nature of her injuries, Plaintiff Donna Kroener has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned collision and resulting injuries, Plaintiff Donna Kroener has undergone and in the furore 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. 234865.1\RAS\PAS 3 14. As a result of the aforementioned collision and resulting injuries, Plaintiff Donna Kroener has been and in the future will be subject to great hmniliation and embarrassment, and claim is made therefor. 15. Plaintiff Donna Kroener 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. 16. As a result of the aforesaid accident, Plaintiff Donna Kroener has sustained scars which will result in a permanent disfigurement, and claim is made therefor. 17. reference. 18. CLAIM 1I ROBERT KROENER v. CONSIGLIA ARENA Paragraphs 1 through 16 of Plaintiffs' Complaint are incorporated herein by As a result of the aforementioned injuries sustained by his wife, Plaintiff Donna Kroener, Plaintiff Robert Kroener has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. 234865. lkRAS\PAS 4 WHEREFORE, Plaintiffs Donna Kroener and Robert Kroener demand judgment against Defendant Consiglia Arena in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. ~ I~.~.I .~.hard/~adl°ck, Esq~ujr~e~ N~. 47281~-~'- 4503 NGiXtUFront Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: September 7, 2001 VERIFICATION We, Donna Kroener and Robert Kroener, Plaintiffs, have read the foregoing PLAINTIFFS' COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are tree 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 4904, relating to unswom falsification to authorities. //~Vitness ~'/ - Donna Kroener 234961,1 ~AS LM LB John R. Ninosky, Esquire I.D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. BOX 1268 Harrisburg, PA 17108-1268 (717} 234-4161 Counsel for Defendant DONNA KROENER and : IN THE COURT OF vs. P~a~nslr~s ~*'~ ~UUNTy, PENNSYLVANIA CONSIGLIAARENA, Defendant CIVIL ACToN - LAW : : NO. 01-5301 CIVIL TERM : JURy TRIAL DEMANDED TO THE PROTHONOTARy: PRAECIPE PLEASE enter the appearance of the Undersigned on behalf of the Defendant, Consiglia Arena, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: September 28, 2001 69019.1 Attorney {--%~i.~qU~re ~ ~.u. 18000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant I hereby certify that I Served a CoDy of the foregoing document Upon the person(s) indicated below by depositing a Copy of the Same in the United States mail, POstage Prepaid, at Harrisburg, Pennsylvania, on September 28, 2001: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs 69021.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I.D. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant John R. Ninosky, Esquire I.D. %78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant DONNA KROENER and : IN THE COURT OF COMMON PLEAS OF ROBERT KROENER, her husband, Plaintiffs vs. CONSIGLIA ARENA, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW : : NO. 01-5301 CIVIL TERM : JURY TRIAL DEMANDED DEFENDANT' S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Consiglia Arena, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer with New Matter by respectfully stating the following: 1. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 1 and the same are therefore denied and of trial. 2. Admitted. 3. Denied. The conclusions of law and strict proof demanded at the time averments in this Paragraph contain fact to which no response is required. If a response is deemed to be required, therein are specifically denied. 4. Denied. R.C.P. 1029(e). 5. Denied. 1029(e). R.C.P. 6. the averments contained This paragraph is denied pursuant to Pa. This paragraph is denied pursuant to Pa. Denied. The averments in this Paragraph contain conclusions of law and fact to which no response is required. a response is deemed to be required, the averments contained therein are specifically denied. 7. Denied. This paragraph R.C.P. 1029(e). 8. Denied. through (i), are is denied pursuant to Pa. This paragraph, including subparagraphs (a) denied pursuant to Pa. R.C.P. 1029(e). If CLAIM 1 DONNA KROENER v. CONSIGn!A ~m~, 9. The answers contained in Paragraphs 1 through 8 of Defendant's Answer with New Matter are incorporated herein by reference as if fully set forth at length. 10. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 11. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). VERIFICATION I, Consiglia Arena, have read the foregoing Answer with New Matter 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 statements may subject me to the penalties correct and that false of 18 Pa. C.S. ~4904. Consigli~rena DATE: 69337.1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on October 17, 2001: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. 69021.1 ~R. Nl~osky, E~re Attorney I.D. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA KROENER and ROBERT KROENER, her husband, Plaintiffs CONSIGLIA ARENA, Defendant CIVIL ACTION - LAW NO. 01-5301 CIVIL JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW come the Plaintiffs, by and through their attomeys, Angino & Rovner, P.C., and hereby enter the following Reply to the New Matter of Defendant as follows: 19. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed' facmai, it is hereby specificaily denied. By way of amplification, Plaintiffs' Complaint does state a cause of action upon which relief may be granted. 20. Defendant's 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, Plaintiffs' Complaint was filed well within the applicable statute of limitations. 21. Defendant's 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 Plaintiffs' injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiffs may recover herein. 237700.1 ~AtSWiLB 22. Defendant's 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, Plaintiffs selected the full tort option on their policy and is, therefore, entitled to maintain an action for non-economic losses. Further, Plaintiff did suffer a serious injury. Plaintiffs' Declaration Page is attached hereto as Exhibit A. 23. Defendant's 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, Defendant's averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 24. Defendant's 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 Donna Kroener was not negligent in any way. All of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 25. Defendant's 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 Donna Kroener was not negligent in any way. Therefore, the Pennsylvania Comparative Negligence Act does not apply to the instant action. Further, all of Plaintiffs' injuries and damages are recoverable in the instant action and are in no way reduced. 236966.1~RASLMLB 26. Defendant's 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 Donna Kroener did not assume the risk of her injuries. Further, as previously stated herein, Plaintiff was not negligent or careless. All of Plaintiffs' injuries and damages are recoverable in the instant action. 27. Defendant's 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, Plaintiffs properly mitigated their damages. 28. Defendant's 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. All of Plaintiffs' 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 instant Defendant. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in his/her favor against the Defendant. Date: October 30, 2001 · ard A. Sadlock, Esquire I.D. No. 47281 4503 North Front Street Han:isburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs VERIFICATION We, Donna Kroener and Robert Kroener, Plaintiffs, have read the foregoing PLAINTIFFS' REPLY TO NEW MATTER 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 4904, relating to unswom falsification to authorities. Witness Donna Kroener / 234961. IXRAS~vlLB uNITED SERVICES AUTC JBILE ASSOCIATION (A RECIPROCAL INTERINSURANCE EXCHANGE) 9800 Fredericksburg Road - San Antonio, Texas 78288 PENNSYLVANIA AUTO POLICY RENEWAL DECLARATIONS ~d Insured and Address ROBERT A KROENER LT COL USAFR RET 516 SPRINGHOUSE RD CAMP HILL PA 17011-1454 PAGE 3 ADDL INF( N NEXT PAGE MAIL MCH-M-I K£NEWAL OF ""' H 8 21 ~ , v,, I POLICY NUMBER PA poTpoF ,,,ri 00069 30 11U 7102 POLICY PERIOD: (12:01A.M.s~nda~ time) EFFECTIVE NOV 01 2000 TO MAY 01 2001 OPERATORS 01 ROBERT A KROENER 02 DONNA L KROENER ;l';;J N;';;~'I~ MAX G;H~cSE/GL 11991MERCEDE~ C280/C280SPT H USE · WORR/$CHC ~ Vehicle(s)describe herein is principall, garaged atthe above a~Guss unless o~erwise stated.~ W/C'Work/$ckool;B-eusiaess;F.Fam;p.pl..,~ EH 18 CAMP HILL PA 17011-1454 EH 21 CAMP HILL PA 17011-1454 his policy provides .ONLY those coverages for which VEH VEH VEH VEH premium is shown below. 18 6-MONTF 21 6-MONTH ~OVERAGES LIMITS OF LIABILITY D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM ("ACV" MEANS ACTUAL CASH VALUE) ~MOU~ $ ~MOU~ $ ~MOU~ $ ~MOUNT $ RT A LIABILITY BODILY INdURY EA PER $ 100,00~ EA ACC $ 300,00C 40.02 40.0; PROPERTY DAMAGE EA ACC $ 100,00C 32.53 32.53 ET B - FIRST PARTY BENEFITS MEDICAL EXPENSE $ 10,000 WORK LOSS $ 5,000/$1,000 MO FUNERAL EXPENSE $1,500 10.24 12 82 ~T C UNINSURED MOTORISTS ' STACKED ~ODILY INdURY EA PER $ 100,00~ EA ACC $ 300,00~ 16.6( 16.60 ~T C - UNDERINSURED MOTORISTS ;TACKED IODILY INdURY EA PER $ 100,00~ EA ACC $ 300,000 13.7! 13.73 ~T D - PHYSICAL DAMAGE COVERAGE :OMPREHENSIVE LOSS ACV LESS ] 10C 24.~(~ 100 39.11 :OLLISION LOSS ACV LESS ) 50~ 65.45] 5001 96.12 OWING AND LABOR 4.00 ~ nn TOTAL PREMIUM - SEE FOLLOWING PAGE(S) )ORSEMENTS: ADDED 11-01-00 - A089(04) 5100PA(01) :ORMATION FORMS(NOT PART OF POLICY)- AANER 39PA(01) 41PA(20) 50PA(02) ~OPA(01) 200(03) 260(01) 650(08) 5685(08) WITNESS WHEREOF~uT01~iOBiLE ASSOCIATION have cause~ these p ir Attorney-in-Fact on this date SEPTEMBER 27, 2000 ........................°"°~" "'~ 0 U Attor ,n I, Robe~ UNITED SERVICES AUTf. ,}BILE ASSOCIATION (A RECIPROCAL INTERINSURANCE EXCHANGE) 9800 Fredericksburg Road - San Antonio, Texas 78288 PENNSYLVANIA AUTO POLICY RENEWAL DECLARATIONS lamed insured and Address ROBERT A KROENER LT COL USAFR RET 516 SPRINGHOUSE RD CAMP HILL PA 17011-1454 PA Terr 00069 30 11U 7102 POLICY PERIOD: (12:01 A.M. standard time) EFFECTIVE NOV 01 2000 TO MAY 01 2001 lescription of Vehicle(s) TRADE NAME MODEL lies IDENTIFICATION NUMBED SYM Vehicle(s) described herein is principally garaged at the above address unless otherwise stated.~ w/c=work/Scko.l; e-eusiness; F=FIrm; P-PIm This policy provides ONLY those coverages for which VEH VEH VEH VEH a premium is shown below. COVERAGES LIMITS OF LIABILITY I D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIU ("ACV" MEANS ACTUAL CASH VALUE) AMOUNt' $ ~MOUN'I $ ~,MOUNq $ ~.MOUN~r $ EHICLE TOTAL PREMIUM 207.47 254.92 6 MONTH PREMIUM $ 462.40 iLL TORT APPLIES tE FOLLOWING COVERAGE(S) DEFINED IN THIS POLI(Y ARE NOT P~OVIDE~) FOR: VEH 18 RENTAL REIMBURSEMENT VEH 21 RENTAL REIMBURSEMENT I I I I IIIIII1';I I t I IIIIIIlil I I I IIIIII1'.'1 I I I IIIIIII In WITNESS WHEREOF, the Subscribers at UNITED SERVICES AUTOMOBILE ASSOCIATION have caused these presents to be signed by their Attomey-in-Fact on this date SEPTEMBER 27, 2000 Robert G. Davis ,000 U Attorney-in-Fact CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' on the following via postage prepaid, first class United States mail, addressed as follows: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: October 30, 2001 Marcy L. grymesse~J 236966.1 \RAS~vlLB John R. Ninosky, Esquire I.D. #78O00 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant DONNA KROENER and ROBERT KROENER, her husband, Plaintiffs vs. CONSIGLIA ARENA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW NO. 01-5301 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPS?. AND NOW, comes Defendant, Consiglia Arena, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Motion to Compel by respectfully stating the following: 1. Plaintiff claims that she was struck by a vehicle operated by Defendant and has suffered personal injury. 2. Surgeons as a medical provider who has treated her injuries. 3. Sun Valley Orthopedic and Hand Surgeons, LLP, is located in Arizona and, as such, does not have to honor a Pennsylvania Subpoena to provide medical records. 4. Defense counsel has provided a Consent for Release of Information to Plaintiff, Donna Kroener, for her to execute so Plaintiff has identified Sun Valley Orthopedic and Hand alleged that defense counsel may obtain a copy of her treatment records from Sun Valley Orthopedic and Hand Surgeons, LLP. 5. By letter dated November 13, 2001, Plaintiffs' counsel has indicated that he will refuse to have his client sign this authorization without a Court Order. A copy of this correspondence is attached hereto as Exhibit "A." 6. A copy of the Consent for Release of Information is attached hereto as Exhibit "B." 7. Pennsylvania Rule of Civil Procedure 4019(a)(1)(viii) states the following: The court may, on motion, make an appropriate order if a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. 8. Plaintiff has alleged that she has suffered a physical injury and that she received treatment from a medical provider for whom she refuses to provide an authorization to provide information from that health care provider concerning the treatment she claims is related to this incident. 9. Pennsylvania Rule of Civil Procedure 4019(c) (2) states: The court, when acting under subdivision (a) of this rule, may make an order refusing to allow the disobedient party to support or oppose the designated claims or defenses, or prohibiting such party from introducing in evidence the designated documents, things or testimony, or from introducing evidence of physical or mental condition. 10. Pennsylvania Rule of Civil Procedure 4019(c) (5) states: The court, when acting under subdivision (a) of this rule, may make such order with regard to the failure to make discovery as is just. 11. Defendant respectfully requests that Plaintiffs be precluded from introducing any evidence concerning the treatment Donna Kroener received at Sun Valley Orthopedic and Hand Surgeons, LLP. 12. In the alternative, Defendant respectfully requests that Donna Kroener be compelled to execute the Consent for Release of Information which is attached hereto as Exhibit "B." WHEREFORE, Defendant respectfully requests that this Honorable Court grant her Motion to Compel. Defendant respectfully requests that Plaintiff be precluded from providing any evidence concerning her treatment at Sun Valley Orthopedic and Hand Surgeons, LLP. Alternatively, Defendant respectfully requests that Plaintiff be compelled to execute the Consent for Release of Information which is attached hereto as Exhibit "B" to obtain her treatment Surgeons, LLP. records from Sun Valley Orthopedic and Hand Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: 71582.1 Joh~FR. Nino~k~,- E~q~ire I.D. #: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Exhibit A ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1708 717/238-6791 F,~X717/23&5610 November 13, 2001 RICHARD C, ANGINO NElL J. ROVNER JOSEPH NL MELILLO TERRY S. HYMAN DAVID L. LLrr'Z ]VtICHAEL E, KOSIK RICHARD A. SADLOCK JOSEPH M. DORIA J~dES DECE,m JOAN L. STEHULAK John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Re: Donna and Robert Kroener v. Consiglia Arena Cumberland County Docket No.: 01-5301 Civil Dear John: Thank you for your letter dated November 5, 2001. Please be advised unless I am compelled by a Court Order or policy language as in a UM/UIM case, I do not have my clients sign Authorizations for defense counsel. Please do not hesitate to contact me should you have any questions. RAS/mlb 236969.1 \RAS~vlLB Exhibit B (All parts of this form must be completed in compliance with the revised regulations pursuant to the Mental [-[ealth Procedures Act and the Federal Alcohol and Drug Abuse AcO I hereby authorize Sun Valley Orthopedic and Hand Surgeons, LLP to release infbrmation from the records of Donna Kroener D.O.B. 4/3/44 SS# 332-36~8276 for the purpose of Review The information to be released is: Psychiatric Evaluation Discharge Summary Medications Medical History Psychological Evalitation Psych~osocial History ~ Summary of Treatment to Date Academi~School Records X Other (specify) Complete Medical File PLEASE FORWARD INFORMATION TO ATTENTION OF: John R. Ninosky, Esquire, Goldberg, Katzman & Shipman, P.C., P.O. Box 1268, Harrisburg, PA 17108-1268 I have been told that, in order to protect the confidentiality of records, my a~reement to obtain or release information is necessaw and that this permissioo is limited for the purposes and to the person li~t~ above, and will be effective during the dates liste~t below. I also understand that this consent is revocable except that action has been taken in reliance thereon. This consent shall be in effect from until (Not to exceed I year) (Signature of Patient) (Parent or Guardian if Patient is less titan 14 years of age) (Signature of Wimess) 45982. I (Date of Signature} (Date of Signature) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on November 19, 2001: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. 69021.1 Jo~-R. ~i~&~ky, EsqUire Attorney I.D. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DONNA KROENER : and ROBERT KROENER,: her husband, Plaintiffs CONSIGLIA ARENA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5301 CIVIL TERM ORDER OF COURT AND NOW, this 28~ day of November, 2001, upon consideration of Defendant's Motion To Compel, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, /~Vesley Oler, Y-~/ j. -s~ · Richard A. Sadlock, Esq. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs John R. Ninosky, Esq. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant :rc John R. Ninosky, Esquire I.D. %78000 ~O~.~BERG, KATZM~/~ & SHI~N, P~C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 {717) 234-4161 Counsel for Defendant : IN THE COURT OF COMMON PLEAS OF DONNA KROENER and ROBERT KROENER, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : vs. : CIVIL ACTON - LAW : CONSIGLIA ARENA, : NO. 01-5301 CIVIL TERM Defendant : JURY TRIAL DEMANDED DEFENDANT'S REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO COMPEL WITH NEWMATTER AND NOW, comes the Defendant Consiglia Arena, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Reply to Plaintiff's Response to Defendant's Motion to Compel with New Matter by respectfully stating the following: 13. Admitted in part, denied in part. It is admitted that Plaintiffs have answered interrogatories. To the extent that Plaintiffs claim to have "fully" answered interrogatories, this averment contains a conclusion of law and fact which is denied. 14. Admitted. By way of further response, it is unknown as to whether Plaintiffs have produced all records from Sun Valley Orthopedic and Hand Surgeons. Plaintiffs' refusal to permit Defendant to obtain records directly from Sun Valley Orthopedic and Hand Surgeons raises a question as to whether all records have been produced by Plaintiffs concerning Mrs. Kroener's treatment at Sun Valley Orthopedic and Hand Surgeons. 15. Denied. Plaintiffs' refusal to sign an authorization which permits Defendant to obtain records directly from Sun Valley Orthopedic and Hand Surgeons raises a question as to whether all records have been produced by Plaintiffs concerning Mrs. Kroener's treatment at Sun Valley Orthopedic and Hand Surgeons. Plaintiffs have placed Mrs. Kroener's physical status at issue by filing this action. As such, Defendant is entitled to obtain all records concerning Mrs. alleged injuries. 16. Denied. Kroener's treatment for her Plaintiffs' refusal to sign an authorization which permits Defendant to obtain records directly from Sun Valley Orthopedic and Hand Surgeons raises a question as to whether all records have been produced by Plaintiffs concerning Mrs. Kroener's treatment at Sun Valley Orthopedic and Hand Surgeons. Plaintiffs have placed Mrs. Kroener's physical status at issue by filing this action. As such, Defendant is entitled to obtain all records concerning Mrs. alleged injuries. 17. Denied. not produced all Kroener's treatment for her Defendant is prejudiced if Mrs. Kroener has records concerning her treatment at Sun Valley 2 Orthopedic and Hand Surgeons. Further, there is no prejudice to Plaintiffs by Defendant receiving all of the records from the various providers. Plaintiffs' refusal to sign an authorization makes it appear as if Plaintiffs have something to hide in Mrs. Kroener's records. Harmful information contained in records which are produced does not equate to prejudice. WHEREFORE, Defendant respectfully requests that this Honorable Court grant her Motion to Compel. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. John~R. Nfnosky, Esq~re I.D. #: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date: 72012.1 VERIFICATION I, John R. Ninosky, Esquire, have read the foregoing Reply and hereby affirms 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. §4904. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: 69479.1 BYJohn 'R. Ninosky - '~J CERTIFICATE QF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on December 5, 2001: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. 69021.1 John ~'Nihos~y, EsqUire Attorney I.D. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DONNA KROENER and ROBERT KROENER, her husband, Plaintiffs CONSIGLIA ARENA, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5301 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of December, 2001, upon consideration of Plaintiffs' Motion To Compel Discovery Responses of Defendant to Plaintiffs' Interrogatories and Request for Production of Documents, and of Objections of Defendant to Plaintiffs' Request for Production of Documents, a discovery conference is scheduled in chambers of the undersigned judge for Thursday, February 7, 2002, at 2:30 p.m. BY THE COURT, /]O~;sley Oler,(~ ~'." ~' ' Richard A. Sadlock, Esq. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs John R. Ninosky, Esq. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant irc DONNA KROENER and ROBERT KROENER, her husband, Plaintiffs Vo CONSIGLIA ARENA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5301 CIVIL TERM ORDER OF COURT AND NOW, this 11m day of December, 2001, upon consideration of Defendant's Motion To Compel, and of Plaintiffs' Response to Defendant's Motion To Compel with New Matter, Defendant's motion is granted to the extent that Plaintiff Donna Kroener is directed to execute and furnish to Defendant's counsel the requested Consent For Release of Information from Sun Valley Orthopedic and Hand Surgeons, LLP, within 20 days of the date of this order. IN THE EVENT Plaintiff declines to do so, the court, upon motion, will enter an order precluding Plaintiffs from introducing evidence of treatment rendered to Plaintiff at Sun Valley Orthopedic and Hand Surgeons, LLP. BY THE COURT, Richard A. Sadlock, Esq. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs esley Ole~J~'., J. John R. Ninosky, Esq. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant :rc DONNA KROENER : and ROBERT KROENER,: her husband, Plaintiffs Vo CONSIGLIA ARENA, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5301 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of February, 2002, upon consideration of the attached letter from Richard A. Sadlock, Esq., attorney for Plaintiffs, the discovery conference previously scheduled for February 7, 2002, is cancelled. BY THE COURT, Richard A. Sadlock, Esq. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs John R. Ninosky, Esq. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant :rc ANGINO & ROVNER, P.C. I l"ebruary 5, 2002 II Jfl~..PH M. DORI6 ]AMF.~ D~CL~r i'i ~0-6462 The Ilonorable J. Wegle, y Oler, Jr. Cumberland County Courthouse Onc Courthouac gquare Carlisle, PA 17013 Re: I)onna and RobeF~ Kroener ¥,, ~onsiEHs No. 01-$~01 Civil Term Dear Judge Oler: A diacovcD' oomrerence in the above action is currently scheduled fi)r I:ehmary 7, 2002. Please be advised the discowry }~sues lmvc l~cn rcsolvcd by ~ounsol, and the conference may be canceled. Thank you for your attention to this mawr. Shuuld you lmw ~,,,y questions, please do not hcsitatc to contact mc. RAS/mlb Very truly yours, ~ ....... cc: Mhn R. Ninosky. Esquire (234-6808) 239387. I~MLB PRAECIPE FOR LISTING CASE FOR TRIAl, (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court ( ) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) (check one) DONNA KROENER and ROBERT KROENER, her husband Plaintiffs JOYCE M. TIMMONS, Defendant ( ) Assumpsit ( ) Trespass (X) Trespass (Motor Vehicle) ( ) Other The trial list will be called on June 1 I, 2002. Trials commence on July 8, 2002. Pre-trials will beheld on June 19, 2002. (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-I.) No. 01-5301 Civil Indicate the attorney who will try case for the party who files this praecipe: Richard A. Sadlock, Esquire, Angino & Rovner, P.C. 4503 North Front Street, Harrisburg, PA 17110 Indicate trial counsel for other parties if known: John R. Ninosky, Esquire, Goldberg, Katzman & Shipman, P.C. 320 Market Street, P.O. Box 1268, ~~ Harrisburg, PA 17108-1268 This case is ready for trial. Date: April 1, 2002 Print Name: Richard A. Sadlock, Esquire Attorney for: Plaintiff DONNA KROENER and ROBERT KROENER, her husband, Plaintiffs Vo CONSIGLIA ARENA, Defendant Attorneys: Before: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-5301 CIVIL TERM Edgar B. Bayley Date: July 8, 2002 Richard Sadlock and John Ninosky LIST OF EXHIBITS F~QR THE PLAINTIFF 1. Three photos of the area around Giant 2. Photo of wound on foot 3. Photo of wound on foot 4. Photo of foot after some healing 5. Photo of both feet 6. video of Dr. Hallock 7. Transcript of Dr. Hallock *Exhibits given to Court Administrator's office to be put in vault* DONNA KROENER and ROBERT KROENER, PLAINTIFFS CONSIGLIA ARENA, DEFENDANT IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : 01-5301 CIVIL TERM State the total amount of damages that plaintiff, Donna Kroener, has sustained as a result of the causal negligence of defendant. TOTAL State the total amount of damages for loss of consortium that plaintiff, Robe[t Kroener, has sustained as a result of the causal negligence of defendant. TOTAL $ ~ (Date) 6 ~9 0~~r~' Tara~ .969~.5'/339 CASE NO.: ~ DOCKETNO.: Ol"' K30[ COURTROOM NO.: o~ vs DATE:~,~ ~', 02002.., Juror # Name Random No. 140 Morrow, Edward E -1879138521 7 Rossi, Maryann L -1743070325 56 Lay, '~ .......h ~ ~ -1532003077 ~-2 e~t_:::... ~,.~.... N ~ / -1383581791 17, - - '-' 7.[#. ;~ ~ -1178427268 29 Nichols, Sylvia J -1137595223 40 Ottenberg, Tara' -969457339 129 Shatto, David W -953071920 14 Beers, Robert A -741985721 13 Moore, John.T -626213602 116 Bianco, Ruth A -519078342 33 Bashore, Teena Lee -400234753 '2-~. t~ ..... , ...... ~ - ~ -314027375 7~ Oral'U, a am~:m ~ ' -219403331 122 Duncan, Laura -157231642 1~ ' ilo ,, *:~ ~amdgl l~ 77 -128255823 5 Boden, Robert R II 126777842 '-~4 ~oo~na=, biary ~ 232975114 121 Avitabile, Matthew 331119001 70 ~ Lehr, Keaa~th G 763579063 125 Shuey, Judith F ~. 797345412 45 Herman, Gerald W Jr 882538274 57 Heiser, Michelle L 887257632 16 Klingensmith, Russell S 912629197 138 McLeod, Carol 1059375486 126 Eckenroad, Floyd B Jr 1149254965 128 Swartt(Ruble), Pauia M 1161992811 127 Strock, Sandra S 1170759762 10 Hechler, David 1236760944 72 Greene, Richard V 1341426732 31 Sullivan, Murk W 1394290614 123 Bogdan, James E 1441938799 27 McCue, Edward W 1619938499 66 Paoletta, Aricne S 1714187598 118 Cohick, Joann H 1738624051 Juror # Name Random No. 120 Calkins, Hiram B I11 1871722232 28 WinRert~ Susan K 1941614664 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA KROENER and ROBERT KROENER, her husband Plaimiffs CONSIGLIA ARENA, Defendant CIVIL ACTION - LAW NO. 01-5301 CIVIL JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the judgment previously entered in this matter in favor of the Plaintiffs and against the Defendant in the amount of $5,500.00 as satisfied. ~hard A.__S_ad~l~, Es~ J I.D. No. 472 _1~_~~ 4503 N. Front Street Harrisburg, PA 17110 /_ (717) 238-6791 Counsel for Plaintiffs Date:~) '~d/ ~ 236966. IXRAS\MLB