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HomeMy WebLinkAbout06-2857JENNIFER A. SOLLENBERGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA ~, CIVIL ACTION -LAW GILMOND OBERTON . ~/ NO. ~lo - o2.~S7 ~~V ~`~E.2yvl Defendants JURY TRIAL DEMANDED NOTICE 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 a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 nviso USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demanders que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de ester Demander y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demanders presentadas aqui en contra suya. Se le advierte de que si usted faller de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demander o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JENNIFER A. SOLLENBERGER Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW GILMOND OBERTON NO. O~ _ ~(v`~~~ Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Jennifer A. Sollenberger, by and through her attorneys, SCHMIDT, RONCA & KRAMER, P.C., and respectfully sets forth as follows: COUNT I JENNIFER A. SOLLENBERGER v. GILMOND OBERTON 1. Plaintiff Jennifer A. Sollenberger is an adult individual currently residing at 442 Old Stage Road, Lewisberry, York County, Pennsylvania 17339. 2. Defendant Gilmond Oberton is an adult individual currently residing at 137 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The facts and events hereinafter stated took place on or about 9:00 p.m. on November 26, 2005, on the first block of Noble Boulevard, Carlisle, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, Plaintiff Jennifer A. Sollenberger was walking across Noble Boulevard, from the Northside of the street to the Southside of the street. 5. At the aforementioned time and place, Defendant Gilmond Oberton made a right from a stop sign and was driving east on Noble Boulevard. 6. The collision occurred when Defendant Gilmond Oberton failed to observe the Plaintiff, Jennifer Sollenberger, as she crossed Noble Boulevard and the Defendant's vehicle struck Jennifer A. Sollenberger. 7. The accident was caused by the negligence and carelessness of Defendant Gilmond Oberton and was in no way caused or contributed to by Plaintiff Jennifer A. Sollenberger. 8. The negligence and carelessness of Defendant Gilmond Oberton consisted of the following: a. inattentiveness; b. distraction; c. failing to have his vehicle under proper and adequate control; d. negligently applying the brakes; e. failing to apply the brakes in time to avoid the collision; f. failing to observe Jennifer A. Sollenberger lawfully on the roadway; g. operating the vehicle at an excessive rate of speed under the circumstances; h. failing to operate the vehicle in accordance with existing traffic conditions and traffic controls; i. failing to keep a reasonable lookout for pedestrians lawfully on the roadway; j. operating his vehicle so as to create a dangerous situation for other vehicles and pedestrians on the roadway; k. failing to yield the right-of-way to a pedestrian committed to the roadway; and 1. violating the assured clear distance rule. 9. As a factual result of the accident, Plaintiff Jennifer A. Sollenberger suffered injuries which aze severe and what are believed to be permanent, which include the following: a. Fractured humerus; b. multiple abrasions. 10. As a factual result of the accident, Plaintiff, Jennifer A. Sollenberger, has incurred medical expenses to date and will continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 11. As a factual result of the accident, Plaintiff Jennifer A. Sollenberger has been advised and, therefore avers, that the aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. 12. As a factual result of the accident, Plaintiff Jennifer A. Sollenberger has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these injuries is made. 13. As a factual result of the accident, Plaintiff Jennifer A. Sollenberger has been obliged to spend vazious sums of money and to incur various expenses for the injuries that she has suffered and may continue to incur the same in the future, and thus, a claim for these losses is made. 14. As a factual result of the accident, Plaintiff Jennifer A. Sollenberger suffered a loss of earnings and an impairment of her eazning power and capacity in the future, and thus, a claim for these losses is made. 15. As a factual result of the accident, Plaintiff Jennifer A. Sollenberger suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. WHEREFORE, Plaintiff Jennifer A. Sollenberger demands judgment on Defendant Gilmond Oberton, in an amount in excess of an amount requiring compulsory arbitration. DATED: ~ /~ Z / O Respectfully submitted, SCHMIDT, RONCA 8s KRAMER, P.C. ~rard C. Kramer Attorney at Law I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, JENNIFER A. 3OLLENBERGER, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsifications to authorities. Date: c?Co ~ ~, ~ ~~~~.. ~7`~~ ~ EN ER A. 8OLLEN GER ~ ~ ~ ~ ~ '~ R ~ a n r ~~ ~ ~ ~ ~ ~ ~~~ ~ ~ ~~ m "~ ' ~ ~ ~ ~' I co ra ~ ~ ~ _~ ,=~ ~~~~ ~~'n ~' W ` ~ ~j w crs pp 9 "~ JENNIFER A. SOLLENBERGER Plaintiff v. GILMOND OBERTON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-2857 Defendants JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please reinstate Plaintiff's Complaint in the above-captioned action which was filed in your office on May 18, 2006. Respectfully submitted, SCHMIDT, RONCA 8s KRAMER, P.C. By Gerard C. Kramer / Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 I (717) 232-6300 Date: ~ / ~ l ~ ~ Attorney for Plaintiff ~-,~ na ~.. `~ i~ l o, :"r --1 }~ _ W .,`yl S.i ~1 J c„> `sJ ~ ti JENNIFER A. SOLLENBERGER Plaintiff v. GILMOND OBERTON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-2857 JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please reinstate Plaintiff s Complaint in the above-captioned action which was filed in your office on May 18, 2006. Respectfully submitted, SCHMIDT, RONCA 8a KRAMER, P.C. By erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: f7 !gip /0 (p Attorney for Plaintiff 0 JENNIFER A. 8OLLENBERGER IN THE C URT OF COMMON PLEAS OF CUM RLAND COUNTY, Plaintiff PENNBYL ANIA v. CIVIL AC ION -LAW GILMOND OBERTON NO. 06-2 57 Defendants JURY T DEMANDED TO THE PROTHONOTARY OF RAID COURT: Please reinstate Plaintiff's Complaint in the filed in your office on May 18, 2006. Date: ~~ /~ / ~~ Respectfully 8CHMIDT PC 13y erard C. Kra er Attorney at La Attorney I.D. N .44715 209 State Stree Harrisburg, PA 17101 (717) 232-6300 Attorney for Pl ntiff action which was b Y7 m ~' c _ ,, ~ tl; :' O . CC - ~~ ~ y"~ dm w 47 'b J ~C SHERIFF'S P..ETURN - NOT SERVED CASE NO: 2006-02857 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOLLENBERGER JENNIFER A VS OBERTON GILMOND R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: OBERTON GILMOND but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT OBERTON GILMOND 137 LINCOLN STREET NOT SERVED as to CARLISLE, PA 17013 DEFENDANT IS DECEASED. Sheriff's Costs: So answ Docketing 18.00 Service 4.40 Postage .39 R .Thomas Kline Surcharge 10.00 e iff of Cumberland County .00 , 832.79 SCHMTDT RONCA KRAMER r n 05/30/2006 ~- a Y~o~ Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2006-02857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOLLENBERGER JENNIFER A VS OBERTON GILMOND 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: OBERTON GILMOND but was unable to locate Him deputized the sheriff of DELAWARE in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 29th 2006 this office was in receipt of the attached return from DELAWARE Sheriff's Costs: So answe s--~_~-~~~ Docketing 6.00 ~ Out of County 9.00 Surcharge 10.00 Thomas K ine Postage 1.26 Sheriff of Cumberland County .00 26.26 f 06/29/2006 -~/,zr f oG SCHMIDT RONCA RAM Sworn and subscribe to before me this day of A.D. ~~ '~'~~ ~~~~~ ®f ~a~®» ~~~~s of ~:~~~~~.~~d ~~~~~y, ~~~~~~~~~~~~ Jennifer A. Sollenberger VS. Gilmond Oberton 06-2857 civil No. June 15, 2006 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA A.ff~dav~t ~f Se~ee Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sv,Torn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT y 1 ., the contents thereof. County, PA .- R. THOMAS KLINE Siterif' EDWARD t..SCHORPP Solicitor ~~~~ -pf ~C~tnt~~~~~ ~p ~d OFFICE OF THE SHERIFF ~`1.,~_e~~T~. ~r-~~'° ~.ss.~G~.. ~: ~- `~.~ ~~~~ BONNY R. ANDERSGN Chief Deput;~ JODY S. SMITH Real Estate Deputy ~d~G f ~ ~~-7~ ~~ One Courthouse Square Carlisle, Pennsylvania 17013 T0; Hon. Joseph McGinn Delaware County Sheriff. Dear Sheriff: Enclosed please find to be served upon ~~~ in your County. . Kindly make service thereof and send us your retain of service. ~~ Yy~.,s~ R. Thomas Kline, Sheriff r Cumberland. County, Pennsylvania . ~ ~~, Enclo es: thi~ddY ~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL s. KATHLEEN E. McCUEN, Notary Public '~ ~ Media Boro., Delaware County M Gommia9ion Ex Tres April 7, 2010 ,~ f 13~v ~ ~ c~~ ~ ~ ~a ~~~ Jennifer A. Sollenberger RE:. VS Gi]mond Oberton Notice & Complaint, reinstated SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOLLENBERGER JENNIFER A VS OBERTON GILMOND 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: OBERTON GILMOND but was unable to locate Him deputized the sheriff of DELAWARE serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 11th 2006 this office was in receipt of the attached return from DELAWARE Sheriff ' s Costs : So answe ~-- ~~i ~'`= Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Delaware Co 37.30 Sheriff of Cumberland County Postage .78 r 5 . u ~s / q . ~S- of~ 08/11/2006 ~. SCHMIDT RONCA KRANIER Sworn and subscribe to before me this day of in his bailiwick. He therefore A.D. 1 t. ~ , Jennifer Sollenberger vs. Gilmond Oberton N o . 06-2857 civil Now, July 11, 2006. ~ I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware County to execute this Writ,-this deputation being made at the request and risk of the Plaintiff. ~~ Sheriff of Cumherland County, PA ~~~~~~~ ®~ 5~11~~~~ Now, within upon at by handing to a a11d made known to So answers, the contents thereof. Sworn and subscribed before me this day of , 20 AFFIDAVIT County, PA 20 , at o'clock M. served the copy of the original Sheriff of COSTS SER~JICE _ MILEAGE • ~~t~ of. CCu~~Qrr~ ~~ r "~ f~_s ~~ F R. THOMAS KLINE ~~' ~,,;' ~=~~r~^~ ~ ~ }~~ Stier a ~I~1~~ ~,?~i'~~~~1 "IJ. - ''" _ EDWARD L.SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 - ~~ T0: Hon. Joseph McGinn Delaware County Sheriff Dear Sheriff: Enclosed please find ~` ~`"~' ~~~~ RONNY R. ANDERSvN Chief Qep~?~ JODY S. SMITH Real Estate Deputy I ~ U lJ W ~l~k I U ~~ :3c~~c 1(~ ~5 ~ ~ - Jennifer Soll~nberger ~~ VS Gilmond Oberton 06-2857 ci~ril Notice and Complaint to be served upon ~ ~' ~i'' i ~~~~ ~I~S~ °; :;;~ in your County. Kindly make service thereof and,send us your rettirn of service, /~ ~ ~s~ ~ ~_ - -- -- ~~ ~~~r_ truly yours, Sworn ~o scribed haters rn~ ~ R. Thomas Kline, Sheriff ~~ ~t~d~tY c~.e 20~ Cumberland County, Pennsylvania . . •Enclosures: ~. `~.~.. ,. _ . _,. _ ..r ~, ,,.~ir,~ ~ _ ~ ~ I i e ,!;; ,~ ~, ~~F~ ~ ~ ~ , ~~~:r ~ - ~„ ,~ ,.. , ...~ JUL 2 ~ '~ ~~~ ~~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOLLENBERGER JENNIFER A VS OBERTON GILMOND 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: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DELEWARE serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 7th 2006 this office was in receipt of the attached return from DELEWARE ,, / Sheriff's Costs: So a s Docketing 18.00 Out of County 9.00 Surcharge 10.00 ~ .,T mas Kline DEP DAUPHIN CO 37.30 e ff of Cumberland County POSTAGE .39 74.69 / 09/07/2006 `~- ~`i'`v SCHMIDT, RONCA & KRAMER Sworn and subscribe to before me this day of , A.D. , + Y ~~ ~ . ~~ ~ ~l ~o~'~ ~ rt~~d ~_~~~ J~ R. THOMAS KLINE ~' IDL `~`?,;r.'?en~=~~ ~J`{,~ '~ RONNY R. AivutRSON Sh2rlff :iYO e'_'' ~)',~{~"~'`,~'•';~`,~1 Chief ReRu!y ~. _. :~.. EDWARD L. SCHORPP ~~ JODY S. SMITH solicitor OFFICE OF THE SHERIFF Real Estate ~epury One Courthouse Square Carlisle, Pennsylvania 17013 ~ l ~ CIC~ ~ ~~~~ ~L ~~ ~ 3~ ~ ~ l ~~ T0: Hon. Joseph McGinn RE: .Jennifer A. Sollsnberger Delaware County Sheriff ~ VS Gilmond Oberton 06-2857 civil Dear Sheriff: Enclosed please find Notice and Complaint, reinstated. ,~ ~ <. ~, to be served upon -~ ' lIl yOllr COLirity. Kindly make ser'Y ice thereof and send us y o ur return of service. T G .` , R. Thomas Kline, Sheriff Cumberland County, Pennsylvania ~I Sworn to subSCribed be3or® rte ~-1? e"` ~ COMMONWEALTH OF PEn9fV5YLVANIA NOTARIAL SEAL SHERI L. ZlIPPO. Notary Public Media Boro.. Delaware County ~ommi5¢, inn ~g i~~~A i a~E a a. Ilp~ ~___ _ . Jennifer A. Sollenberger VS. Gilmond Oberton 06-2857 civil No. Now, August 14, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of r~l aE=ara County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~-~ Sheriff of Cumberland County, PA A.f~dav>lt ~f Se~~~~ Now, within upon at by handing to a copy of the original and made known to the contents thereof. S o answers, Sheriff of County, PA S~~orn and subscribed before nse this day of , 20 COSTS SERVICE ~ MILEAGE AFFIDAVIT 20 , at o'clock M. served the JENNIFER A. SOLLENBERGER Plaintiff v. GILMOND OBERTON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-285? JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please reinstate Plaintiff's Complaint in the above-captioned action which was filed in your office on May 18, 2006. Respectfully submitted, SCHMIDT KRAMER PC By erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 J/ /`,~ ~ (717) 232-6300 Date: / f (J Attorney for Plaintiff JENNIFER A. SOLLENBERGER Plaintiff ~v. GILMOND OBERTON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-285? JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please reinstate Plaintiff's Complaint in the above-captioned action which was filed in your office on May 18, 2006. Respectfully submitted, SCHMIDT KRAMER PC By erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: ~~~~/~~ Attorney for Plaintiff p^' c~ "'1~1 -- ~"' ~ .s: ~ ~ "1"t ~, ~_ e ,~ t ~~~ _ _T }~ ._. ..~ ..- -. r C., "~ . S 11ll- ~ 33 .-+~ Cj"; 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. SOLLENBERGER, CIVIL DIVISION Plaintiff, NO. 06-2857 v. PRAECIPE FOR APPEARANCE GILMOND OBERTON, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15205 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. SOLLENBERGER, CIVIL DIVISION Plaintiff, v. NO. 06-2857 GILMOND OBERTON, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Gilmond Oberton, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ (EEL, L.L.P. By: vines. Ra`bch, Esqui unsel for Defendant r CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 18T" day of January, 2007. Gerard C. Kramer, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SK~EL, L.L.P~ By: n D--Rauch, Esquire ~sel for Defendant r~ r_ `_~ ~; --ct ~ ° c.._ -~--l. - ~ r ~- _., - = -- - . ~ r _"~ ~ . IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. SOLLENBERGER,II~I CIVIL DIVISION Plaintiff, ~~, v. GILMOND OBERTON, '~, Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New M er within twenty (20) days from service h~of~~ jy+d"grr~en~iay be entered ag inst you. NO. 06-2857 ANSWER and NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 Sb~ers, McDonnell, Hudock, Guthrie & S eel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. SOLLENBERGER~ CIVIL DIVISION Plaintiff, '~~ v. ~', NO. 06-2857 GILMOND OBERTON, Defendant. AN AND NOW, comes the (Jury Trial Demanded) Gilmond Oberton, by and through his counsel, Summers, McDonnell, Hudock, ~uthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said laverments, therefore said averments are denied and strict proof thereof is demanded aft the time of trial. 2. Admitted. 3. Admitted. 4. Para raph 4 is de (flied enerall ursuant to Pa.R.C.P. 1029 d and e . 9 nl 9 YP () () Strict proof thereof is demanded t the time of trial. 5. Admitted II 6. Paragraph 6 states (legal conclusions to which no response is required. To the extent, however, that a resp Inse is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. II, 8. Paragraph 8, and III of its subparts, state legal conclusions to which no response is required. To the ex~ent, however, that a response is deemed necessary, said averments are denied generjally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time c~f trial. 9. Paragraph 9, and III of its subparts, state legal conclusions to which no response is required. To the ex#ent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time cpf trial. 10. Paragraph 10 states legal conclusions to which no response is required. To the extent, however, that a 'response is deemed necessary, said averments are denied generally pursuant to ~a.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial 11. Paragraph 11 statels legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to ~Pa.R.C.P 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 stags legal conclusions to which no response is required. To the extent, however, that a '~ response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 staters legal conclusions to which no response is required. To the extent, however, that a (response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 stags legal conclusions to which no response is required. To the extent, however, that a 'response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 staters legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to 'Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Gilmond Oberton, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 16. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 17. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be ¢ompensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuait. 18. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsy!Ivania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recoj/er non-economic damages. 19. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete nor partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Gilmond Oberton, respectfully requests this Honorable Court enter judgmenf in his favor and against the Plaintiff with costs and prejudice imposed. ptespectfully submitted, SUMMERS, McDONNELL, HUDOCK, ~UTHRI SKEEL, .P. ~y: e in auch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that h~ is the Defendant in the foregoing action; that the foregoing ANSWER AND NEWT MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The lahguage of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given tb his counsel, it is true and correct to the best of his knowledge, information and belie. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false!statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsvworn falsification to authorities. Date: ..5 ~ ~ ~f~ 1~~~~-~/~c~ i%~ Gilmond Oberton #15205 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER and NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this °~~ day of March, 2007. Gerard C. Kramer, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street HHarrisburg, PA 17101 fiUMMERS, McDONNELL, HUDOCK, GUTHRIE &~KE~ LktP. ~y: ir~.'`f~auch, Esquire nsel for Defendant ,_ ~ ~ tv ~ ~ ~~ i n :~ ~~ ~ © -~ ~- c..~ SCHMIDT KRAMER PC BY: Gerard C. Kramer, Esquire Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Fax No. (717) 232-6467. Attorney for Plaintiff gkramer(a~scbmidtkramer.com JENNIFER A. SOLLENBERGER Plaintiff v. GILMOND OBERTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-285? CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, Jennifer A. Sollenberger, by and through her attorneys, SCHMIDT KRAMER PC, and respectfully responds as follows: 16. Paragraph 16 states a conclusion of law to which no responsive pleading is necessary. 17. Paragraph 17 states a conclusion of law to which no responsive pleading is necessary. 18. Paragraph 18 states a conclusion of law to which no responsive pleading is necessary. 19. Paragraph 19 states a conclusion of law to which no responsive pleading is necessary. WHEREFORE, the Plaintiff requests that the New Matter of the Defendant be dismissed and judgment be entered in favor of the Plaintiff. Respectfully submitted, BY SCHMIDT KRAMER PC C. Kramer Attoraey at Law Attoraey I.D. No. 44?15 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff a ATTORNEY VERIFICATION I, Gerard C. Kramer, Esquire, verify that I am attorney of record for the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsifications to authorities. Date: `~ / Z`~/~ C. Kramer, Esquire i • CERTIFICATE OF SERVICE AND NOW, this ~~~day of ~ ~r~ ~, 2007, I, Gerard C. Kramer, Esquire hereby certify that I have this day served a true and correct copy of the Plaintiffls Answer to New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: KEVIN D. RAUCH, ESQUIRE SUMMERS, MCDONNELL, HUDOCK, GUTHRIE AND SKEEL, LLP 1017 Mumma Road, Ste. 300 Lemoyae, PA 17043 Attorney for Defendant Respectfully submitted, SCHMIDT KR.AMER, PC By: Berard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff aza -c~ G ~ '°~ .l ~ , ~ '~;` Y / ~ ,,, i" U l_ ~~ ~ ~.,`a3' F `~ .ice .f+ ,~ ~ `' SHERIFF'S RETURN - NOT FOUND CASE N0: 2006-02857 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOLLENBERGER JENNIFER A VS OBERTON GILMOND R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT (lT2F'T?TC11~T C'_TT.Ml1T~TT1 but WaS unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT OBERTON GILMOND NOT FOUND as to 137 NOBLE AVENUE CARLISLE, PA 17013 PER POST OFFICE, DEFENDANT IS LIVING IN MARYLAND. Sheriff's Costs: Docketing 18.00 Service 4.40 Not Found 5.00 Surcharge 10.00 .00 I~1~/c7 ~ l 3 _.. _... So answers : _ - ~ ~' ..~.,--- R. Thom 'ne Sheriff of Cumberland County SCHMIDT KRAMER 01/08/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE N0: 2006-02857 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOLLENBERGER JENNIFER A VS. OBERTON GILMOND R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,OBERTON GILMOND _, by United States Certified Mail postage prepaid, on the 27th day of December ,2006 at 0000:00 HOURS, at 26563 NANTICOKE ROAD SALISBURY, MD 21801 a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by LINDA ANDERSON on 01/03/2007 . Additional Comments: Sheriff's Costs: So answe -~ ._.--- ...---'" . ~,,, Docketing 6.00 '~ -~ --~'='~ Cert Mail 4.83 R. Thomas Kl' e Affidavit .00 Sheriff of mberland County Surcharge 10.00 .00 2 0. 8 3 ,/ ~ ~~/P~e ~ Paid by SCHMIDT KRAMER on 01/08/2007 . Sworn and Subscribed to before me this day of A.D. ~ fbarrle 1, 2, and ~ piiho cvmpfi~e item 4 ff Restricted Y is dsrsbsd. ^ Print yotx nevrrre esxi CMS ern t#~s terveKfis eo theet we can rstum the grid to }you. ^ Attadt thle Cerd ~ fire bllCk Cf the m~lpisce, or on the irorrt it epeios permits. 1. Artk~e Addroesed to: Gi]mond Oberton 26563 Nanticoke Road Salisbury, NID 21801 ~~~ ~ O Addreeese Printed Wernal C. Date of Delivery D. Ie dettMry address dYhrurd from item 1? ^ Ye6 R YH8, sneer Y address taelow: O iJo ~. sarvbe type KING atoned iweN O ~ tuau ^ Repiet.red D - Receipt rot Menci~andise O Ir~aeed MtH ^ C.O.D. 4. Restricted DeHveryt iExha Fee) ^ Yes z 7005 1820 0002 4619 0418 06-2857 civil PS Form 3811, Fetxuery 2Efbt D«r~Mc Rw~en I~ceipt 102585-02-M-1540 CASE NO: 2006-02857 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOLLENBERGER JENNIFER A VS OBERTON GILMOND MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon nnramm~A7 nTT M(ITTTI the DEFENDANT at 1235:00 HOURS, on the 5th day of January 2007 at 135 NORTH PITT STREET CARLISLE, PA 17013 by handing to GILMOND OBERTON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 n ~I~~,~% ,/ 2 0 .4 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/08/2007 SCHMIDT KRAMER By: Deputy Sherif/ff A.D. ~lAY 1 2 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. SOLLENBERGER, Plaintiff, CIVIL DIVISION v. GILMOND OBERTON, Defendant. and TINA M. MONAGHAN and JOHN J. MONAGHAN, her husband, Plaintiffs, v. GILMOND OBERTON, Defendant. n ~ ~ d ~~ ~ {w_ ,.:. rte- +-°+: ^' -.~ ~ ~ ~ w ~ ~ ~ ORDER AND NOW, TO WIT, this ~~.~ day of M 2010, it is hereby ORDERED, ADJUDGED, and DECREED that the matters docketed at 06-2858 and 06- 2857 are hereby consolidated to Docket No. 06-2858. NO. 06-2857 and NO. 06-2858 (Jury Trial Demanded) BY THE COURT: J. Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Gerard C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 ~.S t'Y~~.l~, s/~~, J,v =LED--0;"*F t':- T iL { f%l0TH 01-.10TAP, APR 2 5 PM i s? n CUMBERLAQ CClBT'r f?cf???'YLz?A,!d1?1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFrR A. SOLLENBERGER, Plaintiff, V. GILMOI D OBERTON, Defendant. and TINA M, JOHN J GILMOl' MONAGHAN and MONAGHAN, her husband, Plaintiffs, V. ?D OBERTON, Defendant. CIVIL DIVISION NO. 06-2857 and NO 06-2858 mig MOTIONS IN LIMINE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 John A. Lucy, Esquire Pa. I. D. # SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15205 IN THE (COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFrR A. SOLLENBERGER, Plaintiff, V. GILMO? D OBERTON, Defendant. and TINA M. JOHN J. GILMON MONAGHAN and MONAGHAN, her husband, Plaintiffs, v. ID OBERTON, Defendant. CIVIL DIVISION NO. 06-2857 and NO. 06-2858 (Jury Trial Demanded) MOTIONS IN LIMINE A D NOW, Gilmond Oberton, by and through his attorneys, Summers, McDonn II, Hudock, Guthrie & Skeel, P.C., and John A. Lucy, Esquire, and files the i Motion in Limine and in support thereof avers the following: MOTION IN LIMINE TO PRECLUDE MEDICAL BILLS WHICH ARE PAID/AND OR PAYABLE 1. This accident occurred on November 26, 2005 at approximately 8:30 p.m. on Nobl? Boulevard, Carlisle, Cumberland County, Pennsylvania. At that time, the Defendant was making a right turn from the Wal-Mart parking dot into the left eastbound lane of Noble Boulevard when a accident between the Plaintiff', who were pedestrians, occurred. As a result of the accident, the Plaintiff, Jennifer Sollenberger, treated at the Carlisle Regional Medical Center for her injuries. It is believed, and therefore averred, that Carlisle Regional Medical Center is not a ?rauma one medical center as found under the Emergency Medical Services Act (35 P.S. §§61921-6938). As a result of said services, Carlisle Regional Medical Center billed the Plaintiff, 6 medical 7. has mail to fee re Sollenberger's insurer, Safe Auto, a total of $11,093.94 in medical bills. As required under Pennsylvania law, the Plaintiff had $5,000 in first party e through Safe Auto Insurance. It is believed, and therefore averred, that Carlisle Regional Medical Center ned that they are a trauma one medical center, and their bills are not subject uction under Act VI of the Pennsylvania Motor Vehicle Financial Responsibility Law. This assertion is unfounded and incorrect. 8 $5,000, 9 properly owing. (; As a result of this assertion, Safe Auto made payment in the amount of the Plaintiff's behalf leaving a remaining balance of $6,445.14. However, if the original bill by Carlisle Regional Medical Center had been under Act VI, the total bill amount would have been $3,322.00 due and fee reduced EOB's attached hereto as Exhibit "A"). 1 9. As such, Carlisle Regional Medical Center has received a "windfall" by accepting payment from Safe Auto in the amount of $5,000.00, when the fee reduced amount *ould have been $3,322.00. 11. It is believed, and therefore averred, that Plaintiff will attempt to make boardable, at the time of trial, the remaining amount of $6,445.14 demanded by Carlisle Regional Medical Center. 1 . Section 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law (M FRL) preclusion of recovering acquired benefits precluded the Plaintiff from recoveri g the amounts of benefits paid and/or payable by first party coverage or by private ealth insurance for medical bills averred to be the consequence of the subject motor vghicle accident. See 75 Pa.C.S.A. §1722. 13. In addition, because the statute specifically precludes benefits that are "paid or payable" it is clear that there is no justification for putting these medical bills on at that time of trial. 1?. Further, Plaintiff cannot introduce medical bills to support a claim for non- economic damages, such as pain and suffering or inconvenience. See Carlson v. Bubash, 639 A.2d 458, 462 (Pa. Super 1994). 1 ?. As Carlisle Regional Medical Center, is not a trauma system foundation as defined nder the Emergency Medical Services Act, they were incorrectly reimbursed in the amo nt of $5,000, the Plaintiffs total first party benefits. 1?. As such, this was an accounting error on the part of the Plaintiffs first party carrier, and not the Defendant, Gilmond Oberton. 17. The Plaintiff's remedy, therefore, was a direct action against Safe Auto Insurance, their auditor and/or Carlisle Regional Medical Center. 1 ?. To allow the Plaintiff to present these bills to the jury at the time of trial, would b? severely prejudicial, unfair, and not within the scope of the MVFRL. MOTION IN LIMINE TO PRECLUDE MEDICAL BILLS FOR LACK OF FOUNDATION 1 P. The Plaintiff has not presented, nor is she able to present, a foundation upon which to proffer this evidence, as there is no expert testimony regarding the reasonableness or medical necessity of the above referenced treatment. As only a physician is qualified to testify as to the above referenced standarl, the Plaintiff can not seek to introduce this evidence solely through the Plaintiff testimony. Ratav v. Liu, 260 A.2d 484, 486 (Pa. Super. 1969). 2?1. As the Plaintiff has not provided a causal connection, nor has any proof been suIbmitted regarding the reasonableness or medical necessity of the bills being offered qy the Plaintiff, this evidence must be precluded. EREFORE, Defendant, , respectfully requests this Honorable Court enter an Order g?anting Defendant's Motion in Limine, and accordingly, Plaintiff, is precluded from I payable g testimony and/or introducing evidence in support of the Plaintiff's paid and/or medical bills from Carlisle Regional Medical Center or other providers. Respectfully submitted, SUMME", McDgNNELL, HUDOCK, GUTHRJE & SKE L. P.C. By:/ .1 Z fn A. , Esquire un for Defendant ,n/16/09 Bill Control Cladmant Cnt Date of Inju Patient Numb Service Date Provider No. Tax ID Provider N Provider A INPATIENT EXPLANATION OF BENEFITS 805092890200 # : 107808 9326193 om: 11/26/05 390058A 251887146 Claimant Claim # UNKNOWN Customer Code SKLA Policy No. Keyer Initials Service Date Thru: 11/28/05 Locality NPI # 1730133844 CARLISLE REGIONAL MED CTR 361 ALEXANDER SPRING RD Carlisle PA 17015 Claimant Name TINA MONAGHAN Claimant Address DIAGS: 1) 868 1 ADRENAL GLAND INJURY-CL 2) E81 7 TRAFFIC ACC NOS-PEDEST DRG DESCRIPTION: ENDOCRINE DISORDERS W/O CC ADM D SCH COVD TOTAL DRG REAS (FROM) ---- ( -- HRU) ------ DAYS ---- CHARGES ---------- CODE CODE ---- ---- ---- 11/26/05 11 28/05 3 11093.94 301 FEDERAL AMOUNT 2770.52 TOTAL PPS AMOUNT 3020.18 3) 9248 MULTIPLE CONTUSIONS NEC 4) CAPITAL CAPITAL TRANSFER TRANSFER IME IME DSH DSH FSP HSP OPERATING CAPITAL OPERATING ------ CAPITAL OPERATING ---------- ---------- CAPITAL ---------- -------- 245.03 ---------- 0.00 ---------- 0.00 ---------- ---- 0.00 0.00 0.00 0.00 4.63 'PS AMOUNT DAY OUTLIER DAY OUTLIER COST OUTLIER COST OUTLIER DME/PME ELIGIBLE AT 110% OPERATING CAPITAL OPERATING CAPITAL PASS THRU - -- - AMOUNT ------------ --------- 3322.20 ------------ 0.00 ------------ 0.00 ------------ 0.00 ------------ 0.00 - -- - -- 0100 -- 3322.20 I TOTAL AMOUNT DUE 3322.20 1 THIS ANALYSIS HAS PEEN PREPARED ACCORDING TO ACT 6 OF 1990, SECTION 1797(a) AS SIGNED INTO THE PENNSYLVANIA LAW ON FEBRUARY 7, 199. THE ELIGIBLE AMOUNT REFLECTS 110% OF THE PROVIDER'S MEDICARE PAYMENT USING THE APPLICABLE MEDICARE FEE SCHED LE AMOUNT OR 80% OF CUSTOMARY CHARGES. Question regarding this review should be directed to: HEALTH R SOURCES & AUDITING EIN: 25-1655225 MANAGEME T SERVICES, INC. Phone #: 717-728-5507 1970 TEC NOLOGY PARKWAY SUITE 200 Fax #: 717-728-5503 MECHANIC BURG, pa 17050 v C PLI`--. - REGIC?I aL MED CENT; - cPRTN', DR - CARLISLE PA 17013 ?LnPHC?IvE (71 i - - 960-1680 25-1887146 112605 11 E 2905 3 F MONAGHAN,_ _TIN. .- -- - -- 21-_E- SOUTH -ST -. - - -- CARLISLE - - PA 17013 C3031977 F M 112605 23 1 7 13 01 0001047131 0301 _ -02 112605 - TIN AGHAN , -- -- - -'= 2 E SOUTH S T =Ol 650.00 CARLISLE PA 17013 120 ROOM-BOP. D/ 3 1950.00 250 PHARMACY ' 38 390.37 1258 1=V SOLUTI ONS 4 422.22 270 ;ED - SUR S UPPLIES 7 152.45 x,272 STERILE S UPPLY 3 117.44 !300 LABORATOR Y 11 99.00 301 LAB/CHEMI STRY 2 145.29 305 LAB/HEMAT OLOGY 19 564.50 J:320 DX X-RAY 3 972 ..79 352 CT SCAN/B DY 3 3287.45 450 $MERG ROO 4 ' 1749.41 1636 DRUGS OTH ER 8 356.20 732 TELEMETRY 4 1 886.83 001 TOTAL CHA I RGES i i i 11093.94 i AGE 1 OF 1 I i : , SAFE AUTO X51887146 Y Y 11093 94 f - - - - -- -- _ - _ ?_ - - - - - -- 11093 94 -J 4 MONAGHAN, TINA ;18 234744 JILL X 6123 9 AMERICAN MINT LLC . MECHANICSBUP,G - - - B6.801 E8197 9 248 - - - - 86__8__ - 8197_ _- E D056329L 'PAM _ a.:.°_. -- - - - - - --- G.Q 9173 SEDL ------ ----PAMD01624 1E _ ------- ---- - - - - SAFE AUTO - -- -- - PO B OX i 8 3 8 4 ?? T? _COLUMBUS_-- - 0H-__43272-»_07-__ a -...-' ` _---- l - xf _ . ..-. RB D5/10/06 ... i,: -. _ _... . .._.. W n 4 • 11/16/09 OUTPATIENT EXPLANATION OF BENEFITS.' Bill Control '# : 805092890201 Claimant Cnt l # : 107808 Date of Inju y / / Patient Number 7554971 Service Date From: 12/06/05 Provider No. 390058A Tax ID 251887146 Provider Nam CARLISLE REGIONAL MED CTR Provider Add ess 361 ALEXANDER SPRING RD Carlisle PA 17015 DIAGS: 1) 9598 INJURY MLT SITE/SITE NEC 2) DATE OF SERVICE 12/06/05 12/06/05 12/06/05 12/06/05 12/06/05 12/06/05 SERVI ***Total*** 2003.82 -1692.31 311.51 Plus: Transitional 0/P Payment 0.00 I TOTAL AMOUNT DUE 311.51 1 Claimant Claim # UNKNOWN Customer Code SKLA Policy No. Keyer Initials Service Date Thru: 12/06/05 Locality NPI # 1730133844 Claimant Name TINA MONAGHAN Claimant Address 3) 4) REV UNITS HCPC AMT COST TO MEDICARE BILL ADJUSTED ELIGIBLE PAY PAY E CODE HCPCS COD /PER VIS CHG RAT AT 110% - --- CHARGES ----- AMOUNT --------- AMOUNT MOD CODE -------- --- ---- --------- ------ 71100 --- 320 ----- -------- 1 0.00 --------- 0.000000 --- - 46.26 --- 390.51 -344.25 46.26 (11) 72110 320 1 0.00 0.000000 80.21 505.92 -425.71 80.21 (11) 72170 320 1 0.00 0.000000 46.26 247.49 -201.23 46.26 (11) 73510 320 1 0.00 0.000000 46.26 292.65 -246.39 46.26 (11) 73564 320 1 0.00 0.000000 46.26 301.60 -255.34 46.26 (11) 73590 320 1 0.00 0.000000 46.26 265.65 -219.39 46.26 (11) ktttttt** PAYMENT CODES tit,t*rttttt CHARGE MASTER ALLOWANCE 4) 80% OF ALLOWABLE CHARGES CHARGE MASTER: FROZEN CC RATIO 5) 100% MEDICARE FEE SCHEDULE CHARGE MASTER: @80% OF CHARGES 6) 100% OF ALLOWABLE CHARGES MEDICARE BLENDED AMOUNT: 7) DRUGS CHG TO PAT CC RATIO @113% - ASC - 58/42 8) OPT/CORF/CLINIC COST PER VISIT - Radiology Diagnostic - 58/42 9) PAYMENT DENIED, PACKAGED IN APC/CONSIDERED I/P SERVICE - Other Diagnostic - 50/50 10) THERAPY COST/CHARGE RATIO WITH 10% REDUCTION COST/CHARGE RATIO 11) APC AMOUNT (PLUS OUTLIER AMT) THIS ANALYSIS HAS EEN PREPARED ACCORDING TO ACT 6 OF 1990, SECTION 1797(a) AS SIGNED INTO THE PENNSYLVANIA LAW ON FEBRUARY 7, 1990. THE ELIGIBLE AMOUNT REFLECTS 110% OF THE PROVIDER'S MEDICARE PAYMENT USING THE APPLICABLE MEDICARE FEE SCHED LE AMOUNT OR 80% OF CUSTOMARY CHARGES. Questions regarding this review should be directed to: HEALTH A SOURCES & AUDITING MANAGEME T SERVICES, INC. 1970 TEC NOLOGY PARKWAY SUITE 200 MECHANIC BURG, pa 17050 EIN: 25-1655225 Phone #: 717-728-5507 Fax #: 717-728-5503 ( LI- E RtGII.AL NBD CEN; - CARLISLF Pr. 17013 TELEFHvN __017_)_ .960-168._0. 25-.1-887146 ._- 206051206.05 1 MONAGHAN _.'7I N7 D3031-977. r_, M t 11 120605- MONAGHAN , TINT 21 E SOUTH ST CARLISLE 320 DX X- RAY 320 DX X- RAY .320 DX X- RAY 1320 DX X- RAY 320 DX X- RAY 320 DX X- RAY 001 TOTAL CHA HEALTHASSURANC] MONAGHAN, TINA 1 HEALTHASS RANCE 4 PO BOX 7089 sfE d -_ °a LOED-ON- R 05.10.06 CERTIFICATE OF SERVICE EREBY CERTIFY that a true and correct copy of the foregoing MOTION IN LIMINE PTO PRECLUDE MEDICAL BILLS WHICH ARE PAID AND/OR PAYABLE as been m?iled by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 21 st of April, 2011. Gerard C. Kramer, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMER , cDON ELL, HUD K, GUTHR & SKEEL P.C. By; Aucy, Esquire for Defendant