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HomeMy WebLinkAbout06-1999NAYALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a Minor by her Parent and Guardian, NAYALYA V. KOLESNICHENKO, THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ~. 2006- ~gg~ CIVIL TERM MICHAEL A. BEERS, CIVIL ACTION -LAW Defendant PRAECH'E FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, MICHAEL A. BEERS, and enter my appeazance on behalf of the plaintiffs, NAYALYA V. KOLESNICHENKO and YELENA MALAYA. Please direct the Sheriff to serve the defendant as follows: Mr. Michael A. Beers 3 C Suzanne Drive Duncannon, PA 17020 Respectfully submitted, By: A. M fight, III, Esq. Pomfre [reef, Cazlisle, PA 17013 h3353 Supreme Court LD. No: 35476 April 7, 2006 To: Michael A, Beers You aze hereby noti£ed that NAYALYA V. KOLESNICHENKO and YELENA MALAYA plaintiffs, have commenced an action against you which you aze required to defend or a default judgment maybe entered against you. / ;~- WLt~ P OTHO TARY By: Date: ~ ~ 7 , 2006 DEPUTY -,.. ti :~. ~ry ~. r. Vim- t~'~ n~{ y ~' ,.:. ~ ~ ~, a: .v ~, .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and NO. 2006 -1999 CIVIL TERM YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. ISSUE: Praecipe for Appearance Filed on Behalf of Defendant: MICHAEL A. BEERS Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 I hereby certify that a true d rr~ copy of the within was to all counsel of record 4~' day of April, 2006. Attorney for Defendant r _..,,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and NO. 2006 -1999 CIVIL TERM YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: PROTHONOTARY Enter my Appearance on behalf of defendant, MICHAEL A. BEERS. Papers may be served at the address set forth below. A. Beers McINTYRE, HARTYE & SCHMITT Louis C. Schmitt, Jr., Esquire PA I . D. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 PH: (814) 696-3581 FAX: (814) 696-9399 Date: April 24, 2006 ~.~ = ~. .-,, ~.~ r- _ - _ , -r7 -~r r~i~ ~ - . - . r~ _ _. , i _ ,_~ cM1~ .~._ - \. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, counsel of April, 200E Defendant. e and correct as mailed to all this 24~' day of NO. 2006 - 1999 CIVIL TERM ISSUE: Praecipe for Rule to File Complaint Filed on Behalf of Defendant: MICHAEL A. BEERS Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 MCINTYRE, HARTYE & SCHMITT ': P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, NO. 2006 -1999 CIVIL TERM Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY Please enter a Rule upon the Plaintiffs, NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, to i:lle a Complaint in the above-captioned matter within (20) days from service of said Rule. & SCHMITT Attorneys for Deferrd~nt Michael A. Beers LOUIS C. SCHMITT, JR., ESQUIRE PA I.D. #52459 P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and NO. 2006 -1999 CIVIL TERM YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this o2"/~"~eJay of , 2006, Rule is entered on the Plaintiffs to file a Complaint on behalf of Defendant, MICHAEL A. BEERS. Proth notary +~_:; i__f c.. -` .., ~ 1 C..'~ ~.. - _ n• r._ __ +..... -- - -- ..~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, N0.2006 - 1999 CIVIL TERM Defendant. ISSUE: Certificate of Service of Rule to File Complaint Filed on Behalf of Defendant: MICHAEL A. BEERS I hereby certify that copy of the within-w counsel of~rd tF i>ffld correct led to all day of Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and NO. 2006 -1999 CIVIL TERM YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE OF RULE TO FILE COMPLAINT TO: PROTHONOTARY You are hereby notified that on the 2nd day of May, 2006, Defendant, MICHAEL A. BEERS, served a RULE upon the Plaintiffs, by mailing the original of same via First Class Mail, postage prepaid, addressed to Plaintiffs' counsel: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 ~ SCHMITT Louis C. Schmitt, Jr., Esquire PA I.D. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 (814)696-3581 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and N0.2006 -1999 CIVIL TERM YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this o2"/~'~Efay of ~ ~~ , , 2006, Rule is entered on the Plaintiffs to file a Comp{aint on behalf of Defendant, MICHAEL A. BEERS. Prothon ary !?l T~Y iP%$i4,°°t!C°f, 1 tSt't' agttti7 SPk ~ li!/'7„ t;f+e ~ ~s sate c ~ a ~. _.. ~~, ~~ C= ~.~ M19 \) -r t C:i ~ .~ ill T. f' LL} _ fi~i .T. __' 1 £~? f;.J G NATALYA V. KOLESNICHENKO and : IN THE COURT OF COMMON PLEAS OF YELENA MALAYA, her daughter a Minor by her Parent and Guardian, NATALYA V. KOLESNICHENKO, Plaintiffs v. CUMBERLAND COUNTY, PENNSYLVANIA 2006 -1999 CIVIL TERM MICHAEL A. BEERS, Defendant CIVIL ACTION -LAW 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, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 NATALYA V. KOLESNICHENKO and : IN THE COURT OF COMMON PLEAS OF YELENA MALAYA, her daughter :CUMBERLAND COUNTY, PENNSYLVANIA a Minor by her Parent and Guardian, NATALYA V. KOLESNICHENKO, Plaintiffs v. 2006 -1999 CIVIL TERM MICHAEL A. BEERS, CIVIL ACTION -LAW Defendant COMPLAINT AND NOW, this 9th day of June 2006, come the Plaintiffs, NATALYA V. KLESNICHENKO and ELENA MALAYA, her daughter, a minor by her pazent and guazdian, NATALYA V. KOLESNICHENKO, by their attorneys, Irwin & McKnight, and makes the following Complaint against the Defendant, MICHAEL A. BEERS: 1. The Plaintiffs are NATALYA V. KLESNICHENKO and ELENA MALAYA, her daughter, a minor by her pazent and guardian, NATALYA V. KOLESNICHENKO, who reside at 100 South Filbert Street, Apartment 4E, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Michael A. Beers, an adult individual who resides at 3-C Suzanne Drive, Duncannon, Perry County, Pennsylvania. 3. On April 10, 2004, at approximately 3:30 p.m. the Plaintiff, Natalya V. Kolesnichenko, was operating her 2001 Mitsubishi Galant automobile. She was travelling northbound on the St. John's Church Road toward the traffic light at the intersection of St. John's Church Road and the Carlisle Pike. She was in the right turn lane of traffic intending to tum right onto the Cazlisle Pike. 3 4. A collision occurred as the Defendant, Michael A. Beers, driving a 1994 Chevrolet pickup truck and travelling southbound on St. John's Church Road attempted to turn left into a pazking lot and struck the vehicle in which the Plaintiff, Yelena Malaya, was a passenger. 5. The Plaintiff, Yelena Malaya, a minor, was a passenger in the vehicle driven and owned by her mother, the Plaintiff, Natalya V. Kolesnichenko. 6. The force of the impact caused the Koleshichenko vehicle to travel underneath the Defendant's pickup truck and caused severe damage to the Plaintiffs' vehicle. 7. The Plaintiff, Yelena Malaya, suffered injuries to her face and jaw and was taken to the Cazlisle Pediatric Center for treatment. 8. The injuries sustained by the Plaintiffs were caused by the negligence and careless actions of the Defendant, Michael A. Beers. 9. The Defendant, Michael A. Beers, was cited for making animproper/careless turn. 4 lo. The Defendant, Michael A. Beers, was negligent and careless as follows: a. He failed to maintain his vehicle under proper control in an effort to avoid a collision; b. He was operating his vehicle in an unsafe and careless manner; c. He was not paying attention to traffic on the highway; d. He was operating his vehicle reckless manner by making an improper and cazeless tum; and e. He failed to provide any warning of the pending collision to the Plaintiff. 11. The negligent actions of the Defendant, Michael A. Beers, were the proximate cause of the injuries to the Plaintiff, Yelena Malaya. 12. The Plaintiffs seek compensation for the pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as compensation for future losses they will incur in these azeas. 13. The Plaintiffs seek compensation for the medical expenses which they have incurred and may incur in the future to treat their injuries which occurred as a result of the injuries they sustained in the accident. 14. The Plaintiffs also seeks compensation for the injuries the Plaintiff, Yelena Malaya, has sustained which has caused extensive pain and suffering. WHEREFORE, the Plaintiffs, Natalya V. Kolesnichenko and Yelena Malaya, requests compensation and damages from the Defendant in the amount in excess of Twenty-Five Thousand and no/100 ($25,000.00) Dollazs with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN By: Marcu's A. M ni t, III, Esquire 60 West Pomfret Street Cazlisle, Pennsylvania 17013 (717)249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiffs Date: June 9, 2006 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they aze true and correct to the best of myr lrnowledge, information and belief. I understand that false statements herein made aze subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ,TOE 9, 2006 9 NATALYA V. KOLESNICHENKO and : IN THE COURT OF COMMON PLEAS OF YELENA MALAYA, her daughter :CUMBERLAND COUNTY, PENNSYLVANIA a Minor by her Parent and Guardian, NATALYA V. KOLESNICHENKO, Plaintiffs v. MICHAEL A. BEERS, Defendant 2006 -1999 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Mazcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Louis C. Schmitt, Jr. McIntyre, Hartye & Schmitt P. O. Box 533 Hollidaysburg, PA 16648 IRWIN & McKNIGHT By: Marcus . McKni t, I ,Esquire 60 West Pomfret Street Cazlisle, PA 17013 (717)249-2353 Supreme Court I.D. No. 25476 Date: JIINE 9, 2006 ~ rv _ cti~ C C7 , yY •~ '7 ii ~ C.' --1 -.. ~ _ ~ -n i'r. i.<_ ii_ ..~ _ _ `. ' _ ~. N ('i V1 '1 ti oaoc~Q~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, NO. 2006 -1999 CIVIL TERM Plaintiffs, vs. MICHAEL A. BEERS, Defendant. ISSUE: ANSWER AND NEW MATTER Filed on Behalf of Defendant: MICHAEL A. BEERS Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 I hereby certify that a tru d rri copy of the withi made o all oc~ur~Sei~ord this 23RD day of June. 2006. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and NO. 2006 -1999 CIVIL TERM YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes defendant Michael A. Beers, by and through his attorneys, McIntyre, Hartye & Schmitt, and files the following Answer and New Matter in response to the plaintiffs' Complaint, saying as follows: Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 1 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. The allegations contained in Paragraph 3 of plaintiffs' Complaint are denied. It is specifically denied that the accident occurred at approximately 3:30 p.m. on April 10, 2004 as plaintiff Natalya V. Kolesnichenko was operating her 2001 Mitsubishi Galant automobile northbound on the St. John's Church Road in the right turn lane. To the contrary, the motor vehicle accident occurred at approximately 1:30 p.m. on April 10, 2004 as the plaintiffs' vehicle was northbound on St. John's Drive and had not yet reached the turning lane. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the remaining allegations contained in Paragraph 3 of plaintiffs' Complaint; those remaining allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 4. The allegations contained in Paragraph 4 of plaintiffs' Complaint are denied as stated. To the contrary, the plaintiffs' motor vehicle struck the side of the defendant's vehicle's front bumper and a tire. 5. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 5 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 6. The allegations contained in Paragraph 6 of plaintiffs' Complaint are denied. It is specifically denied that the force of the impact caused the Kolesnichenko vehicle to travel underneath the defendant's pickup truck. To the contrary, the plaintiffs' motor vehicle struck the defendant's pickup truck in the side, and did not travel underneath the defendant's pickup truck. 7. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 7 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 8. The allegations contained in Paragraph 8 of plaintiffs' Complaint constitute conclusions of law to which no response is required. In the event a response may be required, those allegations are denied, and strict proof thereof is demanded at the time of trial. 9. Admitted. 10. Denied. (a) through (e) denied. 11. The allegations contained in Paragraph 11 of plaintiffs' Complaint constitute conclusions of law to which no response is required. In the event a response may be required, those allegations are denied, and strict proof thereof is demanded at the time of trial. 12. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 12 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 13. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 13 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. 14. Defendant is without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in Paragraph 14 of plaintiffs' Complaint; those allegations are therefore denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, defendant Michael A. Beers denies any and all liability to the plaintiffs' upon their Complaint, and respectfully requests that this Honorable Court enter judgment in his favor, with prejudice. NEW MATTER By way of further answer to the allegations contained in plaintiffs' Complaint, and in support of his defenses against those allegations, defendant Michael A. Beers sets .... forth the following statements in New Matter: 15. Defendant hereby raises and asserts the rights, privileges, defenses, and immunities provided to him within the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa. C.S.A. §1701, et seq. WHEREFORE, defendant Michael A. Beers, denies any and all liability to the plaintiffs' upon their Complaint, and respectfully requests that this Honorable~odrt enter judgment in his favor, with prejudice. Respectfully & SCHMITT LOUIS C. SCHMITT, JR., ESQUIRE PA ID. No. 52459 P. O. Box 533 Hollidaysburg, PA 16648 (814)696-3581 (814) 696-9399 -FAX Notice to Plead To: Plaintiffs You are hereby noti o fil a ntten resp o the en osed N TER within twenty (20) day rom service hereof or a j gment may be entered agains ou. File No. AIG 002 NH VERIFICATION I, MICHAEL A. t3EERS; do hereby verify that I have read the foregoing ANSWER AND NEW MATTER. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn fabrication to authorities, which provides that if I make knowingly false averments I may be subject to criminal penalties. ~_?~.... Michael A. Beers Date: ~ ~ SHERIFF'S RETURN - OUT OF COUNTY n. CASE NO: 2006-01999 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOLESNICHENKO NATALYA V ET AL VS BEERS MICHAEL 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: BEERS MICHAEL A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 19th 2006 this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9,00 Surcharge 10.00 Dep Perry County 36.35 Postage 1.17 74.52 04/19/2006 So answers• R. Thomas Kline Sheriff of Cumberland County MARCUS MCKN GHT .i a s/o~ Sworn and subscribed to before me this day of A.D. Prothonotary 1 In The. Court of Common Pleas of Cumberland County, Pennsylvania Natalya V. Kolesnichenko et al VS. f Michael A. Beers No. 06-1999 civil Now, April 11, zoo6 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perrv County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,y ~/////., ~i~y~~ ~C ~f~,~ Sheriff of Cumbelrland County, PA Affidavit of Service Now, April 13' ~,I,ithth Writ of Summons 20 06 , at 8:32 o'clock P M. served the upon Michael A. Beers at 3-C Suzanne Dr. Duncannon, (Penn Twp) PA 17020 by handing to Michael A. Beers, Defendant a True&Attested and made known to Him the contents thereof. So answers, Aaron D. Richards ~~~~~~ Deputy Sheriff of Perry County, PA Sworn and subscribed before me this ~f~ day of `~7gQ Oyr/~~~ /,n,~ 200_(0 NOTARUILSEAL MARGARET F. FLICIBNGER, NOTARY PUBIJC BLOOMFlFLD BORO„ PERRY COUNP/ MY COMML4SION EXPIRES FEB. 16 2008 copy ofthe original writ of Summons COSTS SERVICE _ MILEAGE _ AFFIDAVIT • ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. NO. 2006 -1999 CIVIL TERM ISSUE: NOTICE OF SERVICE OF DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS, DATED 11/3/06 Filed on Behalf of Defendant: MICHAEL A. BEERS Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 8141696-3581 I hereby certify that copy of the within counsel of reco Novembe and n to all day of Attorney for Defendant w ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and NO. 2006 -1999 CIVIL TERM YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED NOTICE OF SERVICE OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF -DATED 11/3/06 TO: PROTHONOTARY You are hereby notified that on the 3rd day of November, 2006, Defendant, MICHAEL A. BEERS, served Interrogatories and Request for Production of Documents Directed to Plaintiffs Dated November 3, 2006, by mailing the original of same via First Class U.S. Mail, postage prepaid, addressed to the following: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 HARTYE ~ SCHMITT fo Louis C. Schmitt, Jr., Esquire PA I.D. No. 52459 P. O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 1 ~ _] ~ _ _. ~:'~ f _-~ ;:..;Z ^~.~ Z,f '- ~ , ~. ~, ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, NO. 2006 -1999 CIVIL TERM ISSUE: Motion to Compel Filed on Behalf of Defendant: MICHAEL A. BEERS Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 I hereby ce copy of the Defendant. ~t a and correct as mailed to all this 30th day of Attorney for Defendant i ~ • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, N0.2006 -1999 CIVIL TERM Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED MOTION TO COMPEL AND NOW, comes defendant, MICHAEL A. BEERS, by and through his attorneys, MCINTYRE, HARTYE & SCHMITT, and files the following Motion to Compel, saying as follows: 1. This lawsuit arises out of a motor vehicle accident that occurred on April 10, 2004 at approximately 3:30 p.m. at the intersection of St. John's Church Road and the Carlisle Pike. At that time and place, plaintiff Natalya V. Kolesnichenko was operating her 2001 Mitsubishi Galant automobile northbound on St. John's Church Road in the right turn lane of traffic intending to turn right onto the Carlisle Pike. The plaintiffs' Complaint alleges that a collision occurred as defendant Michael A. Beers, driving a 1994 Chevrolet pickup truck southbound on St. John's Church Road, attempted to turn left into a parking lot and struck the vehicle in which the plaintiff, Yelena Malaya was a passenger. 2. On November 3, 2006, defendant served Interrogatories and a Request for Production of Documents upon the plaintiffs. (See copies of defendant's Interrogatories and Request for Production of Documents, attached hereto as Exhibit ~A„, ) 3. To date, the plaintiffs have failed and/or refused to respond in any manner whatsoever to the defendant's long-outstanding discovery requests, in direct violation of the Pennsylvania Rules of Civil Procedure applicable to discovery. 4. The information and documentation sought by way of defendant's discovery requests are vital to the continued evaluation and defense of this matter, and to the extent the defendant is deprived of responses to his outstanding discovery requests, he is irremediably prejudiced. 5. No previous Motions to Compel have been filed in this matter, and there has been no prior ruling by any member of this Honorable Court with regard to any discovery issues. 6. Pursuant to C.C.R.P. 208.2(d), counsel for the defendant hereby certifies that he has sought in writing concurrence of opposing counsel with regard to the within Motion to Compel, and opposing counsel has refused to so concur. WHEREFORE, defendant, MICHAEL A. BEERS, respectfully requests that this Honorable Court order the plaintiffs to within 30 days file full, complete, and responsive Answers to defendant's outstanding discovery requests. Respectfully s & SCHMITT for Defendant LOUIS C. SCHMITf, ,lR., ESQUIRE PA. I.D. No. 52459 P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, N0.2006 -1999 CIVIL TERM Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED INTERROGATORIES DIRECTED TO PLAINTIFFS. DATED 11!03/06 AND NOW, comes Defendant, MICHAEL A. BEERS, by his attorneys, McINTYRE, HARTYE & SCHMITT, and pursuant to the Pennsylvania Rules of Civil Procedure propounds the following Interrogatories to be answered by Plaintiffs within thirty (30) days after service hereof: INSTRUCTIONS AND DEFINITIONS A. When used herein, the term "Plaintiff(s)", "you" or "your" means the Plaintiff(s) to whom these Interrogatories are directed, his/her employees, officers, representatives, agents and attorneys, or any other persons working for Plaintiff(s). B. If additional space is required in order to give complete answers, attach additional pages to the pages containing the corresponding Interrogatory. C. If you are unable to answer any Interrogatory completely, so state, answer to the extent possible, set forth the reasons for your inability to answer more fully, and state whatever knowledge or information you have concerning the unanswered portion. ', D. If you object to any Interrogatory herein, or any subparagraph or subpart of any Inten-ogatory, on the claim of privilege (attorney-client communications, work product or any other alleged privilege), for each such claim state: (1) the date and place of the communication; (2) the identity of each person who was present at or who participated in such communication; (3) the type of communication; (4) the general subject matter of the communication; (5) the Interrogatory seeking the communication; and (6) the privilege claimed. E. "And° or "ori' shall be construed conjunctively or disjunctively as necessary to make the Interrogatory inclusive rather than exclusive. F. As used herein, words written in the singular include the plural and vice versa, words written in the masculine include the feminine and vice versa, and words written in the present tense include the past and future and vice versa. G. These Interrogatories shall be deemed continuing in nature so as to require you to the supplemental answers should you obtain, directly or indirectly, additional or different information of the nature sought herein. H. Each Interrogatory is intended to, and does, request that each and every particular and part thereof be answered with the same force and effect as if each part in particular were the subject of and were asked by a separate Interrogatory. I. The term "document" as used herein is defined to include any and all manner of written, typed, reproduced, filmed, recorded or computer-stored material, and all photographs, pictures, plans or other representations or any kind or anything pertaining, describing, referring or relating, directly or indirectly, in whole or in part, to the subject matter of each paragraph or part of these Interrogatories, and the term includes, without limitation: (1) papers, records, books, journals, ledgers, accounts, statements, memoranda, reports, invoices, worksheets, workpapers, notes, transcriptions of notes, letters correspondence, communications, abstracts, checks, diagrams, plans, blueprints, specifications, pictures, drawings, films, photographs, graphic representations, diaries, calendars, desk calendars, pocket calendars, lists, logs, publications, advertisements, press releases, instructions, minutes, orders, bills, purchase orders, messages, resumes, summaries, forecasts, graphs, charts, appraisals, analytical records, consultants' reports, brochures, pamphlets, circulars, trade letters, agreements, contracts, letters of intent, telegraphs, telexes, cables, recordings, audio tapes, magnetic tapes, visual tapes, transcriptions of tapes or recordings, computer tapes and cards or any other writings or tangible things on which any handwriting, typing, printing, audio, visual, photographic, or other forms of communication or information are recorded or reproduced, as well as all notations on the foregoing; (2) originals and all other copies not absolutely identical; and (3) all drafts (whether typed, handwritten or otherwise) made or prepared in connection with any document. For the purposes of the foregoing, "drafts" means any earlier part of a document whether or not such draft was superseded by a later draft or versions, and whether or not the terms of the draft are the same or different from the terms of the final document. J. "Identity" or "the identity of when used in connection with a natural person, means to state the full name, present business address, present home address, and the business capacity of that person during the time period that person was involved in the communications or events, or had knowledge or information of the facts, described in answer to these Interrogatories. K. "Identify" or "the identity of" when used in connection with documents, means to state, in a form adequate for specific demand for production, information including the author(s), address(es), subject matter, date, custodian and location. Documents to be identified shall include documents in your possession, custody or ~ • '~ control wherever located and other documents of which you or your representatives, subsidiaries or affiliates have knowledge. Please note that any and all information obtained via these discovery requests shall be used and maintained pursuant to the requirements of the Health Insurance Portability and Accountability Act, otherwise known as HIPAA. 1 ~ INTERROGATORIES 1. For each Plaintiff(s), please set forth the following information: (a) full name; (b) present address; (c) address as of the date of the accident giving rise to Plaintiff(`s/s') Complaint; (d) date of birth; (e) social security number; ANSWER: 2. If you have ever been a party to any litigation other than this case, please set forth the following with respect to each such litigation: (a) the name and address of the Court in which the case was filed; (b) the identities of the parties in the case; (c) the date the case was filed; (d) the outcome of the case. ANSWER: .~ 3. If you have ever made any claim for bodily injury other than this case, please set forth the following with respect to each such claim: (a) the date the claim was made; (b) the nature of the claim; (c) the name and address of any insurance company; (d) the outcome of the claim. ANSWER: 4. Identify all witnesses known to Plaintiff(s) who may have knowledge of any discoverable matter relating to this lawsuit. ANSWER: 5. Does/Do the Plaintiff(s) contend that he/she/they has/have suffered physical injuries as a result of the accident giving rise to Plaintiff(`s/s') Complaint? ANSWER: ' . L ~ 6. If Plaintiff(`s/s') answer to the preceding Interrogatory is in the affirmative, please describe those physical injuries which the Plaintiff(s) has/have suffered with specificity and in detail, setting forth as follows: (a) the nature of the injury; . (b) the date and time when the injury occurred; and (c) the manner in which the injury occurred. ANSWER: 7. Please state whether the Plaintiff(s) has/have made a complete recovery from the alleged injuries giving rise to Plaintiff(`s/s') Complaint. ANSWER: 8. If the Plaintiff(s) has/have not made a complete recovery from the alleged injuries giving rise to Plaintiff(`s/s') Complaint, state the nature of any residual injuries alleged to exist, and state the names and office addresses of any doctor or other practitioner of the healing arts from whom Plaintiff(s) is/are presently receiving treatment, and outline the nature of any such treatment. ANSWER: ~ L f 9. Please set forth the names and office addresses of any and all doctors or other practitioners of the healing arts who have attended, treated, examined or consulted with Plaintiff(s) as a result of the alleged injuries giving rise to Plaintiff('s/s') Complaint; please also include the addresses of any and all hospitals or clinics where the Plaintiff(s) was/were treated subsequent to the accident giving rise to Plaintiff(`s/s') Complaint. ANSWER: 10. For each doctor or other practitioner of the healing arts listed in your answers to these Interrogatories, state the exact dates of treatment, examination or consultation, the nature of the treatment, examination or consultation, and the amount charged for the treatment, examination or consultation. ANSWER: 11. With respect to each hospital, clinic or other facility mentioned in your answers to these Interrogatories, please state the following: (a) the date of each attendance, treatment, examination or confinement; (b) the reason for each attendance, treatment examination or confinement. ANSWER: ~- 12. Was/V11ere the Plaintiff(s) involved in any accident or incident within a period of ten (10) years immediately prior to the accident giving rise to Plaintiff('s/s') Complaint? ANSWER: 13. If your answer to the preceding Inten-ogatory is in the affirmative, please Set forth the specifics of each such accident, including any injuries resulting. ANSWER: 14. Have you been involved in any accident or incident subsequent to the accident giving rise to Plaintiff(`s/s') Complaint? ANSWER: 15. If your answer to the preceding Interrogatory is in the affirmative, please set forth the specifics of each such accident, including any injuries resulting. ANSWER: ( L 16. To the extent that you have not already done so, please set forth each and every condition, injury and/or illness suffered by Plaintiff(s) during his/her/their lifetime prior to the accident giving rise to Plaintiff('s/s') Complaint, which directly or indirectly involved those parts of her body identified in Plaintiff(`s/s') Complaint. ANSWER: 17. Please set forth an itemized list of all losses, expenses, medical bills, hospital bills and any other items of special damage that Plaintiff(s) allege(s) have been incurred as a result of the accident giving rise to Plaintiff(`s/s') Complaint. ANSWER: 18. Did the Plaintiff(s) suffer from any physical impairments or disabilities at the time of the accident giving rise to Plaintiff(`s/s') Complaint? If so, describe in detail. ANSWER: r i 19. WasNVere the Plaintiff(s) employed at the time of the accident giving rise to Plaintiff(`s/s') Complaint? ANSWER: 20. If the answer to the preceding Interrogatory is in the affirmative, please state the following: (a) if time was lost from your employment as a result of the accident giving rise to Plaintiff(`s/s') Complaint, state the date when time was lost and the amount of earnings lost for each date. ANSWER: 21. Please state whether Plaintiff(s) had medical insurance or other similar type coverage which would provide payment for medical bills, lost wage or any other expenses incurred by the Plaintiff(s) as a result of the accident giving rise to Plaintiff(`s/s') Complaint. ANSWER: ~ L . 22. If the answer to any part of the preceding Interrogatory is in the affirmative, please set forth the following: (a) the name and address of each such provider of insurance or other benefits; (b) the amount of benefits provided for each medical bill incurred or wage loss claimed; (c) whether the Plaintiff(s) has/have been placed on notice of any subrogation with respect to any such payments. ANSWER: 23. Please state whether Plaintiff(s) had elected the limited tort option with regard to her automobile insurance. ANSWER: 24. Please state the name and business address of Plaintiff(`s/s') family physician as of the date of the accident. ANSWER: 25. Please state whether Plaintiff(s) is/are currently treating with any physician, chiropractor, hospital, and/or any other medical institution for injuries and/or damages allegedly sustained as a result of the claimed accident. If so, please identify any present healthcare provider. ANSWER: 26. Please state whether or not Plaintiff(s) is/are having continued medical problems as a result of the claimed accident. If so, please describe in detail. ANSWER: Respectfully submitted, McIN RE, HARTYE & SCHMITT .,~• ~,~ a A r e or Defen ant LOUIS C. SCHMITT, JR., ESQUIRE PA I.D. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 ~, VERIFICATION NATALYA V. KOLESNICHENKO, individually and as parent and guardian of minor, YELENA MALAYA, do hereby verify that I have read the foregoing ANSWERS TO DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIFFS, DATED 11/03/06. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn fabrication to authorities, which provides that if I make knowingly false averments I may be subject to criminal penalties. Natalya V. Kolesnichenko, individually and as parent and guardian of minor, Yelena Malaya Date: c~ • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and N0.2006 -1999 CIVIL TERM YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNlCHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF DATED 11/03/06 AND NOW, comes Defendant, MICHAEL A. BEERS, by and through his attorneys, McINTYRE, HARTYE & SCHMITT, and requests that the Plaintiffs produce the following documents for inspection and copying within thirty (30) days after service hereof: DEFINITIONS 1. "Document(s)" when used herein shalt be used in its broadest sense and shall mean and include any and all written, recorded, graphic or tangible matter, whether produced by hand, recorded, or reproduced, or whether electronically produced or reproduced, and without limiting the generality of the foregoing, shall include all correspondence, memoranda, whether external or internal, records, reports, graphs, brochures, technical data, contracts, agreements, diagrams, maps, accounting records, accounting ledgers, financial statements, financial journals, check records, checks, tax records, photographs, films, telegrams specifications, manuals, papers, letters, notes, notations, notebooks, minutes or summaries of meetings, schedules, transcripts, diaries, publications, directives, instructions, computations, purchase orders, tabulations, invoices, bills, credit memos, receipts of delivery, mortgage documents, test records, laboratory reports, bills of lading, sketches, computer printouts, published sales aids, blueprints, e E s plans, design drawings, product brochures, sales literature, records of shipment, advertisements, test films, laboratory notebooks, quality control tests, production records, and any drafts, revisions or amendments or copies of the above that are within the knowledge, possession, custody, control or subject to the control of the plaintiff, its representatives, its agents or its counsel. 2. In producing documents, please specify the paragraph to which such documents relate. 3. For each document otherwise falling within this Request which plaintiff contends is excludable from discovery, please note with the objection to production of the following: (a) The date of the document; (b) Its general nature (e.g. letter, memorandum, test results, etc.); (c) The name(s) of the author(s); (d) The name(s) of recipient(s) of the document and of any drafts or copies thereof; (e) The person(s) having present custody thereof; (f) The basis for such claim of privilege or exclusion. Please note that any and all information obtained via these discovery requests shall be used and maintained pursuant to the requirements of the Health Insurance Portability and Accountability Act, otherwise known as HIPAA. ~ ~ i Any written statements obtained by Plaintiff(s), his/her/their attorneys, representatives, investigators or others acting on his/her/their behalf from any party or witness. RESPONSE: 2. Any transcripts of any oral statements or recordings obtained from any party or witness. RESPONSE: 3. Any videotapes, audiotapes, transcriptions or recordings of any kind or nature whatsoever, taken from any witness or party. RESPONSE: 4. All reports, documents, memoranda or statements prepared by any investigator, representative, employee, servant or agent who has investigated any matters relating to Plaintiff(`s/s') Complaint, excluding opinions respecting the value or merit of a claim or defense or respecting strategy or tactics, and further excluding any matters which are protected by the attorney-client privilege and/or work product doctrine. RESPONSE: „ a • 5. All documents reviewed, consulted, referred to, and/or relied upon with respect to the preparation of the answers to Defendant('s/s') interrogatories. RESPONSE: 6. Any photographs obtained by Plaintiff(s), his/her/their representatives, attorneys, investigators or others acting on Plaintiff('s/s') behalf that relate to the accident. RESPONSE: 7. Any diagrams or sketches of the scene of the accident or of any other matters or things involved in said accident. RESPONSE: 8. Plaintiff('s/s') income tax returns for the five (5) years preceding the accident, and for every year subsequent to the accident in which Plaintiff(s) has/have filed income tax returns. RESPONSE: 9. Any and all diaries, journals or other writings authored, kept or prepared by the Plaintiff(s) with regard to the accident, and/or any events, circumstances and/or developments, ~ ~ whether medical, personal, psychological, emotional, or otherwise, subsequent to the occurrence of the accident. RESPONSE: 10. All medical records, charts, office notes, and reports relating to the injuries allegedly sustained by Plaintiff(s) as a result of the accident set forth in Plaintiff(`s/s') Complaint. RESPONSE: 11. Any reports prepared by any expert retained by Plaintiff(s) relative to this action. RESPONSE: 12. Please produce any and all automobile insurance policies applicable to any motor vehicles owned and/or operated by you on the date of the accident, along with any and all automobile polices insuring you or any one else you resided with on the date of the accident. RESPONSE: 13. All preexisting medical records, charts, office notes and/or reports from any healthcare provider relating in any way to treatment or professional medical services sought by or rendered to Plaintiff(s) prior to the accident at issue, for any medical conditions, injuries, illnesses, or complaints allegedly sustained or aggravated by the accident at issue. RESPONSE: 14. All correspondence between Plaintiff(`s/s'}counsel and any and all medical care providers subsequent to the date of the accident. RESPONSE: 15. Please produce any and all documentation, including, but not limited to, Form 5500, with regard to any program or policy of insurance which the Plaintiff(s) contends}gives rise to a recoverable lien in this matter. RESPONSE: ~ ~ 16. Please produce all of Plaintiff(s) family physician records prior to the date of the accident which is the subject of this lawsuit. RESPONSE: Respectfully submitted, McINTYRE, HARTYE 8~ SCHMITT ~~, ~._ -~ ~. /. A eys for Defendant LOUIS C. SCHMITT, JR., ESQUIRE PA I.D. #52459 P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 • ~` > VERIFICATION I, NATALYA V. KOLESNiCHENKO, individually and as parent and guardian of minor, YELENA MALAYA, do hereby verify that I have read the foregoing RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS, DATED 11/03!06. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification are made subject to the penalties of 18 Pa.G.S. Section 4904 relating to unsworn fabrication to authorities, which provides that if I make knowingly false averments I may be subject to criminal penalties. Natalya V. Koiesnichenko, individually and as parent and guardian of minor, Yelena Malaya Date: ~ ~` r--.a { ~ F .. c,~3 .~ . :° __a r . --t.i ~~ - ~~ ~ -, -- _. -t ` __ :.'ze= Y7 :.~ ~ ~ '^~w ~.. "."fir k I L :. ~ FFB092007 ~'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. NO.2006 -1999 CIVIL TERM JURY TRIAL DEMANDED RULE RETURNABLE AND NOW, this /o~ ' day of February, 2007, a Rule is hereby granted to show cause why the Motion to Compel on behalf of Defendant, Michael A. Beers, should not be granted. This Rule is returnable on the o? /~ day of ~~=~? C~ . , 2007, at l~~DO a.m.~. in Courtroom No. ~_ ,Cumberland County Courthouse, Carlisle, PA. v~ BY THE COURT, ~ I :g ~~ ~ ~ ~3~ E~OI h't3b'.~.f~~v~~.iv~3~ 1 ~d~~~t NATALYA V. and YELENA daughter, parent and NATALYA V. V KOLESNICHENKO MALAYA, her ~ minor by her guardian, KOLESNICHENKO, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-1999 CIVIL TERM MICHAEL A. BEERS, Defendant JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 29th day of March, 2007, this matter having been called for argument, and counsel for the movant/defendant having failed to appear, and it appearing, in any event, that counsel for the plaintiffs has assembled materials in response to discovery, the within motion to compel is dismissed. By the Court, ~~ Kevi A. Hess, J. ~rcus A. McKnight, III, Esquire For the Plaintiffs outs C . Schmitt, Jr . , ESn>> ~ '"F' For the Defendant :bg ti. ~ . ,'~~' l ~, t,.c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, NO. 2006 - 1999 CIVIL TERM ISSUE: NOTICE OF DEPOSITIONS OF PLAINTIFFS Plaintiffs, vs. MICHAEL A. BEERS, Defendant. Filed on Behalf of Defendant: MICHAEL A. BEERS Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 I hereby certify t a true nd correct copy of the m was filed to all counsel record this a day of M 007. MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and : NO. 2006 -1999 CIVIL TERM YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED NOTICE OF DEPOSITIONS TO: Plaintiffs, Natalya V. Kolesnichenko and Yelena Malaya c/o Marcus A. McKnight, III, Esquire Irwin 8~ McKnight West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013-3222 Please take notice that the depositions of Plaintiffs, NATALYA V. KOLESNICHENKO and YELENA MALAYA shall be taken upon oral examination by an official Court Reporter at the offices of iRWIN 8~ McKNIGHT, West Pomfret Professional Building, 60 West Pomfret Street, Carlisle, PA on the 20'h day of JUNE, 2007, commencing at 1:00 p.m. The scope of said deposition testimony will include inquiry into all facts concerning the happening of the incident complained of and all other matters relevant to the issues raised in the case. You are invited to attend and participate. 8~ SCHMITT L V. BEERS Louis C. Schmitt, Jr., Esquire PA I.D. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 ~ ~ ~ r. ~ ` n tit n _4~ r -ram - < ~ -.7 ~-' -- _ , < ~ , _ _~, ` ~' , < :^ - ' ~ ~ ti s .:,, " ~,,~ -~ ~~J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. NO. 2006 -1999 CIVIL TERM ISSUE: AMENDED NOTICE OF DEPOSITIONS OF PLAINTIFFS Filed on Behalf of Defendant: MICHAEL A. BEERS Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 hereby certify that a true d c r• copy of th__e~~wi b~' mailed o all c~tm5~ ofrecord this 9T" d of May, 2007. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW NATALYA V. KOLESNICHENKO and NO. 2006 -1999 CIVIL TERM YELENA MALAYA, her daughter a minor by her parent and guardian, NATALYA V. KOLESNICHENKO, Plaintiffs, vs. MICHAEL A. BEERS, Defendant. JURY TRIAL DEMANDED AMENDED NOTICE OF DEPOSITIONS TO: Plaintiffs, Natalya V. Kolesnichenko and Yelena Malaya c/o Marcus A. McKnight, III, Esquire Irwin & McKnight West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013-3222 Please take notice that the depositions of Plaintiffs, NATALYA V. KOLESNICHENKO and YELENA MALAYA shall be taken upon oral examination by an official Court Reporter at the offices of IRWIN 8~ McKNIGHT, West Pomfret Professional Building, 60 West Pomfret Street, Carlisle, PA on the 20th day of JUNE, 2007, commencing at 1:00 p.m. The scope of said deposition testimony will include inquiry into all facts concerning the happening of the incident complained of and all other matters relevant to the issues raised in the case. Please bring with you the following: Any written statements obtained by Plaintiff(s), his/her/their attorneys, representatives, investigators or others acting on his/her/their behalf from any party or witness. 2. Any transcripts of any oral statements or recordings obtained from any party or witness. 3. Any videotapes, audiotapes, transcriptions or recordings of any kind or nature whatsoever, taken from any witness or party. 4. All reports, documents, memoranda or statements prepared by any investigator, representative, employee, servant or agent who has investigated any matters relating to Plaintiff(`s/s') Complaint, excluding opinions respecting the value or merit of a claim or defense or respecting strategy or tactics, and further excluding any matters which are protected by the attorney-client privilege and/or work product doctrine. 5. All documents reviewed, consulted, referred to, and/or relied upon with respect to the preparation of the answers to Defendant('s/s') interrogatories. 6. Any photographs obtained by Plaintiff(s), his/her/their representatives, attorneys, investigators or others acting on Plaintiff('s/s') behalf that relate to the accident. 7. Any diagrams or sketches of the scene of the accident or of any other matters or things involved in said accident. 8. Plaintiff('s/s') income tax returns for the five (5) years preceding the accident, and for every year subsequent to the accident in which Plaintiff(s) has/have filed income tax returns. 9. Any and all diaries, journals or other writings authored, kept or prepared by the Plaintiff(s) with regard to the accident, and/or any events, circumstances and/or developments, whether medical, personal, psychological, emotional, or otherwise, subsequent to the occurrence of the accident. 10. All medical records, charts, office notes, and reports relating to the injuries allegedly sustained by Plaintiff(s) as a result of the accident set forth in Plaintiff(`s/s') Complaint. 11. Any reports prepared by any expert retained by Plaintiff(s) relative to this action. 12. Please produce any and all automobile insurance policies applicable to any motor vehicles owned and/or operated by you on the date of the accident, along with any and all automobile polices insuring you or any one else you resided with on the date of the accident. 13. All preexisting medical records, charts, office notes and/or reports from any healthcare provider relating in any way to treatment or professional medical services sought by or rendered to Plaintiff(s) prior to the accident at issue, for any medical conditions, injuries, illnesses, or complaints allegedly sustained or aggravated by the accident at issue. 14. All correspondence between Plaintiff(`s/s') counsel and any and all medical care providers subsequent to the date of the accident. 15. Please produce any and all documentation, including, but not limited to, Form 5500, with regard to any program or policy of insurance which the Plaintiff(s) contend(s) gives rise to a recoverable lien in this matter. r ~ NATALYA V. KOLESNICHENKO and YELENA MALAYA, her daughter a Minor by her Parent and Guardian, NATALYA V. KOLESNICHENKO, Plaintiffs v. MICHAEL A. BEERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006 - 1999 CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued Respectfully submitted, IRWIN & McKNIGHT ,~ ,~~., By:1,; trcus McKnight, III, Esquire West P mfret Street Pennsvlvania 17013 (717) 249-2353 Date: August 8, 2007 NATALYA V. KOLE5NICHENKO and YELENA MALAYA, her daughter a Minor by her Parent and Guardian, NATALYA V. KOLESNICHENKO, Plaintiffs v. MICHAEL A. BEERS, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA 2006 - 1999 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Louis C. Schmitt, Esq. McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 By: 60 (717)9-2353 Supreme Court I.D. No. 25476 Date: August 8, 2007 IRWIN & McKNIGHT C? ra n Cv ` ~ ._._s _"` ~` Y~ ~ -. ~_ ~ ~ :~-~ a ~ .~,