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06-2858
TINA M. MONAGHAN and JOHN J. : IN THE COURT OF COMMON PLEAS MONAGHAN, her husband, : OF CUMBERLAND COUNTY : PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. GILMOND OBERTON, NO. O ? 2n 00. 1 Defendant 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 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda 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 demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin rods aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para. 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 TINA M. MONAGHAN and JOHN J. : IN THE COURT OF COMMON PLEAS MONAGHAN, her husband : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW GILMOND OBERTON NO. O(o -.2PSd l? C U c?? Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Tina M. Monaghan and John J. Monaghan, by and through their attorneys, SCHMIDT, RONCA & KRAMER, P.C., and respectfully sets forth as follows: 1. Plaintiffs Tina M. Monaghan and John J. Monaghan are adults individuals currently residing at 21 E. South Street, Carlisle, Cumberland 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 Tina M. Monaghan 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, Tina M. Monaghan, as she crossed Noble Boulevard and the Defendant's vehicle struck Tina M. Monaghan. 7. The collision caused the injuries to the Plaintiffs as set forth below. COUNT I TINA M. MONAGHAN v. GILMOND OBERTON NEGLIGENCE 8. Paragraphs 1 through 7 of the Plaintiff's complaint are incorporated herein by reference and made a part thereof as if set forth in full. 9. The accident was caused by the negligence and carelessness of Defendant Gilmond Oberton and was in no way caused or contributed to by Plaintiff Tina M. Monaghan. 10. 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 Tina M. Monaghan 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 pedestrians committed to the roadway; and 1. violating the assumed clear distance rule. 11. As a factual result of the accident, Plaintiff Tina M. Monaghan suffered injuries which are severe and what are believed to be permanent, which include the following: a. injured legs; b. injured pelvis; C. hematoma on her kidney. 12. As a factual result of the accident, Plaintiff Tina M. Monaghan, 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. 13. As a factual result of the accident, Plaintiff Tina M. Monaghan 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. 14. As a factual result of the accident, Plaintiff Tina M. Monaghan 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. 15. As a factual result of the accident, Plaintiff Tina M. Monaghan has been obliged to spend various 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. 16. As a factual result of the accident, Plaintiff Tina M. Monaghan suffered a loss of earnings and an impairment of her earning power and capacity in the future, and thus, a claim for these losses is made. 17. As a factual result of the accident, Plaintiff Tina M. Monaghan 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 Tina M. Monaghan demands judgment on Defendant Gilmond Oberton, in an amount in excess of an amount requiring compulsory arbitration. COUNT II JOHN J. MONAGHAN V. GILMOND OBERTON LOSS OF CONSORTIUM 18. Paragraphs 1 through 7 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 19. Plaintiff John J. Monaghan has suffered from the loss of services and companionship and consortium of his wife, Plaintiff Tina M. Monaghan, as a factual result of the negligence of Defendant Gilmond Oberton. WHEREFORE, Plaintiff John J. Monaghan demands judgment on Defendant Gilmond Oberton, in an amount in excess of an amount requiring compulsory arbitration. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. DATED: S112,10412 By erard C. Kramer Attorney at Law I.D. no. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, TINA M. MONAGHAN, 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: :?b G? TINA M. MONAGHAN _fIQ " ll (l v C C?y J W C7 rri fJ N c w co ca 50 S -n -FM r C'? K (cu)) TINA M. MONAGHAN and JOHN J. MONAGHAN, her husband : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. CIVIL ACTION -LAW GILMOND OBERTON NO. 06-2858 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 & 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: 617 C) (e Attorney for Plaintiff cs ' ? , ``r .a ? ,_; ,: ? r ??. "'' `r ,-?; } r? ` + C.t '? Vr TINA M. MONAGHAN and JOHN J. MONAGHAN, her husband Plaintiff V. GILMOND OBERTON Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2858 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 & KRAMER, P.C. By erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 /gyp/a (717) 232-6300 Date: Attorney for Plaintiff TINA M. MONAGHAN and JOHN J. : IN THE C URT OF COMMON PLEAS MONAGHAN, her husband : OF CUMB RLAND COUNTY, : PENNSYL ARIA Plaintiff V. CIVIL AC ION -LAW GILMOND OBERTON NO. 06-21358 Defendants JURY TRIAL DEMANDED TO THE PROTHONOTARY OF SAID COURT: Please reinstate Plaintiff's Complaint in the filed in your office on May 18, 2006. Date: J////OJ Respectfully SCHMIDT PC By - erard C. Kramer Attorney at La Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Pl ntiff action which was c ? o rrm _.. X. ' . C Q M1 ? O SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-02858 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONAGHAN TINA M ET AL 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 NOT SERVED , as to 137 LINCOLN STREET CARLISLE, PA 17013 DEFENDANT IS DECEASED. Sheriff's Costs: So answ Docketing 18.00 Service 4.40 Postage 39 omas Kline Surcharge 10.00 Zer' of Cumb erland County .00 ONCA KRAMER 05/30/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONAGHAN TINA M ET AL 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 in his bailiwick. He therefore deputized the sheriff of DELAWARE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 29th , 2006 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: So answ Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Postage 1.26 Sheriff of Cumberland County .00 26.26 4 06/29/2006 SCHMIDT RONCA KRA MER Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Tina M. Monaghan vs. Gilmond Oberton 06-2858 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 Affidavit of Service Now, , 20 , at within o'clock M. served the upon at by handing to a and made known to the contents thereof. Sworn and subscribed before me this day of , 20 copy of the original So answers, Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA ctImb'lei 5v° k R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 JODY S. SMITH Real Estate Deputy IHO-- I *GU T0: Hon. Joseph McGinn Delaware County Sheriff Dear Sheriff: Tina M. Monaghan RE:. VS Gi]mond Oberton Enclosed please find Notice & Complaint, reinstated to be served upon in your County. Kindly make service thereof and send us your return of service. yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Enclosures: D I "q b+d hek I one Idav of I NOTARIAL SEAL KATHLEEN E. McCUEN, Notary Public Media Soto., Delaware County uu P.nrnrniaaion Exoires April 7, 2010 !'Foss i BONNY R. ANDERSON Chief Deputy SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONAGHAN TINA M ET AL 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 in his bailiwick. He therefore deputized the sheriff of DELEWARE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 7th , 2006 , t attached return from DELEWARE Sheriff's Costs: Docketing 18.00 Out of County 9.00 So ansyt?? Surcharge 10.00 R./eff mas Kline NOT FOUND RETURN 10.00 ' of Cumberland County POSTAGE .39 r 4 . ?y g c' 09/07/2006 SCHMIDT, RONCA & KRAMER Sworn and subscribe to before me this day of , s office was in receipt of the A. D. - y R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor TO: Hon. Joseph McGinn Delaware County Sheriff One Courthouse Square Carlisle, Pennsylvania 17013 Dear Sheriff: rte 4 _ttl oc pLurnb;,.!? v (I I?l/;??! OFFICE OF THE SHERIFF j)q C1 RE: Tina M. Monaghan et al VS Gilmond Obertpn 06-2858 civil Enclosed please find Notice and Complaint, reinstated to be served upon` a in your County. Kindly make service thereof and send us your return of service, atJ-,, qlbj.o? yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Sworn tyou swt sc:rlbeo Wta ! rrk• day C A24 21} . , Zj";- COMMONWEALTH F PENNSYLVANIA NOTARIAL SEAL SHERI L. ZUPPO, Notary Public Media Boro_ Delaware County mrny P e , AH Hsi 2A, 2009 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy I W? 3??pl in The Court of Common Pleas of Cu 6erfand County, Pennsylvania Tina M. Monaghan et al vs. Gilmond Oberton No. 06-2858 civil Now, August 14, 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 Cumberland County, PA Affidavit of Sen ice Now, within 20 , at o'clock M. served the upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. County, PA SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONAGHAN TINA M ET AL 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 in his bailiwick. He therefore deputized the sheriff of DELAWARE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 11th , 2006 , this office was in receipt of t attached return from DELAWARE Sheriff's Costs: So answers: ,,..--- __..- Docketing 18.00 - Out of County 9.00 !' Surcharge 10.00 R. homas Kline Dep Delaware Cc 37.30 Sheriff of Cumberland County Postage .78 75.08 ? Y ?s b4 08/11/2006 SCHMIDT RONCA KRAMER Sworn and subscribe to before me this day of , A.D. in Th, e Court of Common Pleas of Cumberland County, Pentisylvania Tina M. Monaghan et al vs. Gilmond Oberton No. 06-2858 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 Cumberland County, PA Now, within upon at by handing to a and made known to So answers, the contents thereof. Sworn and subscribed before me this day of , 20 Sheriff of COSTS SERVICE $ MILEAGE _ AFFIDAVIT County, PA Affidavit of Service ,20 ,at o'clock M. served the copy of the original ,??ti? of ?tCurr??ert R. THOMAS KLINE {Sheriff, ? EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF i--GK RONNY R. ANDERSON Chief Deputy One Courthouse Square Carlisle, Pennsylvania 17013 ? f0 Tina M. Monaghan et al RE: _ VS Gilmond Oberton 06-2858 civil T0: Hon. Joseph McGinn Delaware County Sheriff Dear Sheriff: Enclosed please find Notice and Complaint to be served upon .; ` y in your County. Kindly make service thereof and send us your return of service. A ?i le'D 6UCF_V- 69-le Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Sworn swbscribed burs me fts dpy °fw?°` Enclosures: NOT, IiIA! r q FHERi L a,"PPO JUL 2 2M6 JODY S. SMITH Real Estate Deputy 3?3?a TINA M. MONAGHAN and JOHN J. MONAGHAN, her husband Plaintiff V. GILMOND OBERTON Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2858 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 Attorney C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: /? / ?? Attorney for Plaintiff r`? ?`? ? -? ?..-? °i i ?- `? ? .-j - T. ???? _.. ? } ?l .J ... .tr-- TINA M. MONAGHAN and JOHN J. MONAGHAN, her husband Plaintiff V. GILMOND OBERTON Defendants Respectfully submitted, 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. Date: lc?#-Ids SCHMIDT KRAMER PC By : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2858 JURY TRIAL DEMANDED ?Kerard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff C ?3 r ? 5 ?y 14 1^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M. MONAGHAN and JOHN J. MONAGHAN, her husband, Plaintiffs, CIVIL DIVISION NO. 06-2858 V. GILMOND OBERTON, Defendant. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15206 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M. MONAGHAN and CIVIL DIVISION JOHN J. MONAGHAN, her husband, Plaintiffs, NO. 06-2858 GILMOND OBERTON, Defendant. V. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Gilmond Oberton, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kepih-B'Rat7ch, Esquire Co nsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 18TH day of January, 2007. Gerard C. Kramer, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.P. By: n D. Rauch, Esquire nsel for Defendant C? c?a (? c? ? -?, .?.. ? _ iT'{ f t, ?' j C? f'ti --? f3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M. MONAGHAN and JOHN J. MONAGHAN, her husband, Plaintiffs, V. GILMOND OBERTON, Defendant. TO: Plaintiffs You are hereby notified to file a written response to the enclosed Answer, New Matter, and Counterclaim within twenty (20) days froryr servig"ereAr a judgment may be Sunimors, Mc[ & Ske I, L.L.P. HuTock, Guthrie CIVIL DIVISION NO. 06-2858 ANSWER, NEW MATTER, and COUNTERCLAIM (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 #15206 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M. MONAGHAN and CIVIL DIVISION JOHN J. MONAGHAN, her husband, Plaintiffs, NO. 06-2858 V. GILMOND OBERTON, Defendant. (Jury Trial Demanded) ANSWER, NEW MATTER, and COUNTERCLAIM AND NOW, comes the Defendant, Gilmond Oberton, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer, New Matter, and Counterclaim, and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Paragraph 4 is denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Admitted. 6. Paragraph 6 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. 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. COUNT I - TINA M. MONAGHAN V. GILMOND OBERTON NEGLIGENCE 8. In response to paragraph 8, the Defendant reiterates and repeats all his responses in paragraphs 1 through 7 as if fully set forth at length herein. 9. Paragraph 9 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. 10. Paragraph 10, and 'all of its subparts, state 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. 11. Paragraph 11, and all of its subparts, state 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 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. 13. Paragraph 13 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. 14. Paragraph 14 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. 15. Paragraph 15 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. 16. Paragraph 16 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. 17. Paragraph 17 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. WHEREFORE, Defendant, Gilmond Oberton, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. COUNT II- S OF T OBERTON 18. In response to paragraph 18, the Defendant reiterates and repeats all his responses in paragraphs 1 through 17 as if fully set forth at length herein. 19. Paragraph 19 state's 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 Plaintiffs with costs and prejudice imposed. NEW MATTER 20. 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. 21. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 22. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 23. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Gilmond Oberton, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. COUNTERCLAIM 24. Defendant, Gilmond Oberton, incorporates by reference Paragraphs 1 through 23 of his Answer and New Matter as if the same were fully set forth at length herein. 25. The facts and events hereinafter stated took place on or about 9:00 p.m. on November 26, 2005, on Noble Boulevard, Carlisle, Cumberland County, Pennsylvania. 26. At that time, the Defendant was operating a 2003 Mitsubishi Galant, bearing tag number GCD 6639, eastbound on Noble Boulevard. 27. As the Defendant was traveling eastbound on Noble Boulevard, the Plaintiff suddenly, and without warning, darted in front of the Defendant's vehicle. 28. The negligence and carelessness of Plaintiff Jen Sollenberger consisted of the following: a. inattentiveness; b. distraction; c. failing to observe Defendant's vehicle lawfully on the roadway; d. failing to yield to Defendant's vehicle lawfully on the roadway; and e. crossing the road in a place other than a pedestrian crosswalk. 29. As a result of the Plaintiffs negligence and carelessness, and through no fault of the Defendant, the Defendant's vehicle impacted with the Plaintiff. 30. As a result of this impact, the Defendant's vehicle sustained $2,538.01 in damage, as evidenced by the repair estimated attached hereto as Exhibit "A." The Defendant paid for these repairs, and a claim for this expense is herein made. 31. As a further result of this impact, the Defendant was forced to obtain a rental car, for which he paid $203.30, as evidenced by the invoice attached hereto as Exhibit "B." A claim for this expense is herein made. WHEREFORE, Defendant, Gilmond Oberton, respectfully requests this Honorable Court enter judgment in the amount of $2,714.31 in his favor and against the Plaintiff, Tina M. Monaghan, with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, LA.P. By: vin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER, NEW MATTER, AND COUNTERCLAIM is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER, NEW MATTER, AND COUNTERCLAIM is that of counsel and not of the Defendant. Defendant has read the ANSWER, NEW MATTER, AND COUNTERCLAIM and to the extent that the ANSWER, NEW MATTER, AND COUNTERCLAIM is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER, NEW MATTER, AND COUNTERCLAIM is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: fl? 4 U" d" ell Gilmond Oberton #15206 03/20/2006 AT 02:56 PM 17019 JOB NUMBER: 11670 CROUSE AUTOBODY, INC. FEDERAL ID #:521646610 VISIT OUR WEBSITE AT CROUSEAUTOBODY.COM 378 WEST MAIN STREET ELKTON, MD 21921 (410)398-9420 FAX: (410)398-9477 SUPPLEMENT OF RECORD 1 WITH SUMMARY WRITTEN BY: RITA THOMPSON 03/20/2006 02:56 PM ADJUSTER: E1 X4811 PROCESSOR INSURED: OWNER: ADDRESS: DAY: CELLULAR: GILMOND OBERTON GILMOND OBERTON 665 PARKVIEW BLVD YEAPON, PA 19050 (410) 620-1959 (717)448-5550 INSPECT CROUSE AUTOBODY, INC. LOCATION: 378 WEST MAIN STREET ELKTON, MD 21921 INSURANCE STATE FARM INSURANCE COMPANIES COMPANY: 210 BELSER CENTER DOVER, DE 19901 96-58901 $500.00 11/26/2005 AT 08:45 PM COLLISION 12. FRONT BUSINESS: (410)398-9420 DAY: (866)744=2197 4 DAYS TO REPAIR 2003 MITS GALANT ES 4-2.4L-FI 4D SED WHITE CC INT: VIN: 4A3AA46G63E140328 LIC: GCD 6639 PA PROD DATE: ODOMETER: 69397 AIR CONDITIONING REAR DEFOGGER TILT WHEEL CRUISE CONTROL INTERMITTENT WIPERS KEYLESS ENTRY BODY SIDE MOLDINGS DUAL MIRRORS FOG LAMPS THREE STAGE PAINT METALLIC PAINT POWER STEERING POWER BRAKES POWER WINDOWS POWER LOCKS POWER MIRRORS AM RADIO FM RADIO STEREO SEARCH/SEEK CD PLAYER DRIVER AIR BAG PASSENGER AIRBAG CLOTH SEATS BUCKET SEATS RECLINE/LOUNGE SEATS AUTOMATIC TRANSMISSION OVERDRIVE ---------------- NO. OP. --------- -------------------------------- DESCRIPTION --- QTY ---------------------------- EXT. PRICE LABOR PAINT ------- 1# Sol -------------------------------- REPAIRS COMPLETE --- 1 ---------------------------- 2# S01 DOP ON FILE 1 3# REPAIRS ARE SCHEDULED FOR 3/13 1 4# APPROX REPAIR TIME 4 BUSINESS 1 DAYS 5 FRONT BUMPER 6 REPL ADD FOR FOG LAMPS 1 0.4 7 O/H BUMPER ASSY 2.2 8 REPL BUMPER COVER 1 205.00 INCL. 2.7 9 ADD FOR THREE STAGE 1.9 10 REPL ABSORBER 1 37.28 INCL. CLAIM #38-K7 POLICY # DEDUCTIBLE: DATE OF LOSS: TYPE OF LOSS: POINT OF IMPACT: 1 03/20/2006 AT 02:56 PM 17019 JOB NUMBER: 11670 SUPPLEMENT OF RECORD 1 WITH SUMMARY 2003 MITS GALANT ES 4-2.4L-FI 4D SED WHITE CC INT: ------- NO. ---- ------ OP. ------------------------------ DESCRIPTION ------ ----- QTY ------ ---------- EXT. PRICE ---------- -------- LABOR -------- -- PAINT --------- ------ 11 ----- ------ REPL ----------------------- EMBLEM 1 17.08 INCL. 12 REPL LT BEZEL FOG LAMP 1 7.32 0.2 13 S01 REPL REINFORCEMENT 1 186.43 INCL. 14 FRONT LAMPS 15 REPL LT FOG LAMP ASSY 1 106.58 INCL. 16 COOLING 17 REPL LOWER AIR GUIDE 1 5.88 0.3 18# S01 RPR ROUGH PULL 1.0 F 19* S01 RPR UPPER PANEL S 2.0* 0.5 20* S01 RPR LOWER TIE BAR S 4.0* 0.5 21 S01 OVERLAP MINOR PANEL -0.2 22 HOOD 23 REPL HOOD 1 458.27 1.2 3.0 24 ADD FOR THREE STAGE 2.1 25 ADD FOR UNDERSIDE(COMPLETE) 1.5 26 FENDER 27 BLND RT FENDER 2.4 LITER 1.7 28 BLND LT FENDER 2.4 LITER 1.7 29 R&I RT LOWER MOLDING LS, GTZ 0.2 30 R&I LT LOWER MOLDING LS, GTZ 0.2 31# REPL COVER CAR FOR OVERSPRAY 1 5.00 0.2 32 REPL LT FENDER LINER 1 18.50 0.4 33 OTHER CHARGES 34# E.P.C. 1 3.00 --------- ------- ---------- ------ ----- ----- ------------------------------ SUBTOTALS =_> ----- -- 1050.34 12.3 15.4 ------------------------------------------------------------------------------- ESTIMATE NOTES: PER KEYSTONE NO RECON AVAIL. PARTS 1047.34 BODY LABOR 11.1 HRS @$ 41.00/HR 455.10 PAINT LABOR 15.6 HRS @$ 41.00/HR 639.60 FRAME LABOR 1.0 HRS Q$ 48.00/HR 48.00 PAINT SUPPLIES 15.4 HRS @$ 19.00/HR 292.60 OTHER CHARGES -------- 3.00 ------- ------------------ SUBTOTAL -------- ----- ---- -- $ 2485.64 SALES TAX $ 1047. 34 @ 5.00009&- 52.37 GRAND TOTAL $ 2538.01 ADJUSTMENTS: DEDUCTIBLE 500.00 2 03/20/2006 AT 02:56 PM 17019 ---------------------------------------------------- CUSTOMER PAY $ 500.00 INSURANCE PAY $ 2038.01 NO WAX AND NO DRIVE THROUGH CAR WASH FOR TWO MONTHS. YOU CAN WASH YOUR CAR BY HAND WITH CAR SOAP. ALL REPAIRS ARE GUARANTEED AS LONG AS YOU OWN THE VEHICLE. JOB NUMBER: 11670 SUPPLEMENT OF RECORD 1 WITH SUMMARY 2003 MITS GALANT ES 4-2.4L-FI 4D SED WHITE CC INT: 3 03/20/2006 AT 02:56 PM 17019 JOB NUMBER: 11670 SUPPLEMENT OF RECORD 1 WITH SUMMARY 2003 MITS GALANT ES 4-2.4L-FI 4D SED WHITE CC INT: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: D=DISCONTINUED PART A=APPROXIMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RELY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/_=WITH/ _ #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED]. **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS=NATIONAL AUTO GLASS SPECIFICATIONS. MQVP=MANUFACTURER'S QUALITY AND VALIDATION PROGRAM.OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. 4 03/20/2006 AT 02:56 PM 17019 JOB NUMBER: 11670 SUPPLEMENT OF RECORD 1 WITH SUMMARY 2003 MITS GALANT ES 4-2.4L-FI 4D SED WHITE CC INT: ESTIMATE BASED ON MOTOR CRASH ESTIMATING GUIDE. UNLESS OTHERWISE NOTED ALL ITEMS ARE DERIVED FROM THE GUIDE ARP6241 DATABASE DATE 03/2006, CCC DATA DATE 03/2006, AND THE PARTS SELECTED ARE OEM-PARTS MANUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT MANUFACTURER. OEM PARTS ARE AVAILABLE AT OE/VEHICLE DEALERSHIPS. OPT OEM (OPTIONAL OEM) PARTS ARE OEM PARTS THAT MAY BE PROVIDED BY OR THROUGH ALTERNATE SOURCES OTHER THAN THE OE/VEHICLE DEALERSHIPS. OPT OEM PARTS MAY REFLECT SOME SPECIFIC, SPECIAL, OR UNIQUE PRICING OR DISCOUNT. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE PARTS AND/OR LABOR INFORMATION PROVIDED BY MOTOR MAY HAVE BEEN MODIFIED OR MAY HAVE COME FROM AN ALTERNATE DATA SOURCE. TILDE SIGN (-) ITEMS INDICATE MOTOR NOT-INCLUDED LABOR OPERATIONS. NON-ORIGINAL' EQUIPMENT MANUFACTURER AFTERMARKET PARTS ARE DESCRIBED AS AM, QUAL REPL PARTS OR COMP REPL PARTS WHICH STANDS FOR COMPETITIVE REPLACEMENT PARTS. USED PARTS ARE DESCRIBED AS LKQ, QUAL RECY PARTS, RCY, OR USED. RECONDITIONED PARTS ARE DESCRIBED AS RECON. RECORED PARTS ARE DESCRIBED AS RECORE. NAGS PART NUMBERS AND BENCHMARK PRICES ARE PROVIDED BY NATIONAL AUTO GLASS SPECIFICATIONS. LABOR OPERATION TIMES LISTED ON THE LINE WITH THE NAGS INFORMATION ARE MOTOR SUGGESTED LABOR OPERATION TIMES. NAGS LABOR OPERATION TIMES ARE NOT INCLUDED. POUND SIGN (#) ITEMS INDICATE MANUAL ENTRIES. SOME 2006 VEHICLES CONTAIN MINOR CHANGES FROM THE PREVIOUS YEAR. FOR THOSE VEHICLES, PRIOR TO RECEIVING UPDATED DATA FROM-THE VEHICLE MANUFACTURER, LABOR AND PARTS DATA FROM THE PREVIOUS YEAR MAY BE USED. THE PATHWAYS ESTIMATOR HAS A COMPLETE LIST OF APPLICABLE VEHICLES. PARTS NUMBERS AND PRICES SHOULD BE CONFIRMED WITH THE LOCAL DEALERSHIP. CCC PATHWAYS - A PRODUCT OF CCC INFORMATION SERVICES INC. 5 03/20/2006 AT 02:56 PM 17019 JOB NUMBER: 11670 SUPPLEMENT OF RECORD 1 WITH SUMMARY 2003 MITS GALANT ES 4-2.4L-FI 4D SED WHITE CC INT: ------ NO. ------ ----- ----- ----- OP. ----- ------------------------------ DESCRIPTION ---------------------------- ----- QTY ------------------ EXT. PRICE LABOR ---------- PAINT -- ------- ADDED ITEMS ------- ----- ------------------ ---------- 1# Sol REPAIRS COMPLETE 1 2# S01 DOP ON FILE 1 13 S01 REPL REINFORCEMENT 1 186.43 INCL. 18# S01 RPR ROUGH PULL 1.0 F 19* Sol RPR UPPER PANEL S 2.0* 0.5 20* S01 RPR LOWER TIE BAR S 4.0* 0.5 21 ------- S01 ---- ------ OVERLAP MINOR PANEL -------------- --------------- -- -0.2 - SUBTOTALS ==> --- ----------------- 186.43 7.0 ---------- 0.8 ------------------------------------------------------------------------------- ESTIMATE NOTES: PER KEYSTONE NO RECON AVAIL. PARTS 186.43 BODY LABOR 6.0 HRS @$ 41.00/HR 246.00 PAINT LABOR 0.8 HRS @$ 41.00/HR 32.80 FRAME LABOR 1.0 HRS @$ 48.00/HR 48.00 PAINT SUPPLIES ------------------ - 0.8 HRS @$ 19.00/HR 15.20 -- _-- SUBTOTAL --- ----- --- ----------- $ ------- 528.43 SALES TAX ---------------------- $ 186. 43 @ 5.0000 9.32 - TOTAL SUPPLEMENT AMOUNT ---- ---- --- ----------- $ ------- 537.75 NET COST OF SUPPLEMENT $ 537.75 ESTIMATE 2000.26 BILL MARQUESS SUPPLEMENT S01 537.75 RITA THOMPSON CUSTOMER PAY $ 500.00 JOB TOTAL $ 2538.01 INSURANCE PAY $ 2038.01 NO WAX AND NO DRIVE THROUGH CAR WASH FOR TWO MONTHS. YOU CAN WASH YOUR CAR BY HAND WITH CAR SOAP. ALL REPAIRS ARE GUARANTEED AS LONG AS YOU OWN THE VEHICLE. 6 03/20/2006 AT 02:56 PM 17019 JOB NUMBER: 11670 SUPPLEMENT OF RECORD 1 WITH SUMMARY 2003 MITS GALANT ES 4-2.4L-FI 4D SED WHITE CC INT: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: D=DISCONTINUED PART A=APPROXIMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-ADJ=NON ADJACENT 0/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RELY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/=WITH/_ ##=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WA-S- CHANGED]. **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS=NATIONAL AUTO GLASS SPECIFICATIONS. MQVP=MANUFACTURER'S QUALITY AND VALIDATION PROGRAM.OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. 7 03/20/2006 AT 02:56 PM 17019 JOB NUMBER: 11670 SUPPLEMENT OF RECORD 1 WITH SUMMARY 2003 MITS GALANT ES 4-2.4L-FI 4D SED WHITE CC INT: ESTIMATE BASED ON MOTOR CRASH ESTIMATING GUIDE. UNLESS OTHERWISE NOTED ALL ITEMS ARE DERIVED FROM THE GUIDE ARP6241 DATABASE DATE 03/2006, CCC DATA DATE 03/2006, AND THE PARTS SELECTED ARE OEM-PARTS MANUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT MANUFACTURER. OEM PARTS.ARE AVAILABLE AT OE/VEHICLE DEALERSHIPS. OPT OEM (OPTIONAL OEM) PARTS ARE OEM PARTS THAT MAY BE PROVIDED BY OR THROUGH ALTERNATE, SOURCES OTHER THAN THE OE/VEHICLE DEALERSHIPS. OPT OEM PARTS MAY REFLECT SOME SPECIFIC, SPECIAL, OR UNIQUE PRICING OR DISCOUNT. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE PARTS AND/OR LABOR INFORMATION PROVIDED BY MOTOR MAY HAVE BEEN MODIFIED OR MAY HAVE COME FROM AN ALTERNATE DATA SOURCE. TILDE SIGN (-) ITEMS INDICATE MOTOR NOT-INCLUDED LABOR OPERATIONS. NON-ORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET PARTS ARE DESCRIBED AS AM, QUAL REPL PARTS OR COMP REPL PARTS WHICH STANDS FOR COMPETITIVE REPLACEMENT PARTS. USED PARTS ARE DESCRIBED AS LKQ, QUAL RECY PARTS, RCY, OR USED. RECONDITIONED PARTS ARE DESCRIBED AS RECON. RECORED PARTS ARE DESCRIBED AS RECORE. NAGS PART NUMBERS AND BENCHMARK PRICES ARE PROVIDED BY NATIONAL AUTO GLASS SPECIFICATIONS. LABOR OPERATION TIMES LISTED ON THE LINE WITH THE NAGS INFORMATION ARE MOTOR SUGGESTED LABOR OPERATION TIMES. NAGS LABOR OPERATION TIMES ARE NOT INCLUDED. POUND SIGN (#) ITEMS INDICATE MANUAL ENTRIES. SOME 2006 VEHICLES CONTAIN MINOR CHANGES FROM THE PREVIOUS YEAR. FOR THOSE VEHICLES, PRIOR TO RECEIVING UPDATED DATA FROM THE VEHICLE MANUFACTURER, LABOR AND PARTS DATA FROM THE PREVIOUS YEAR MAY BE USED. THE PATHWAYS ESTIMATOR HAS A COMPLETE LIST OF APPLICABLE VEHICLES. PARTS NUMBERS AND PRICES SHOULD BE CONFIRMED WITH THE LOCAL DEALERSHIP. CCC PATHWAYS - A PRODUCT OF CCC INFORMATION SERVICES INC. 8 03/20/2006 AT 02:56 PM 17019 JOB NUMBER: 11670 SUPPLEMENT OF RECORD 1 WITH SUMMARY 2003 MITS GALANT ES 4-2.4L-FI 4D SED WHITE CC INT: ALTERNATE PARTS USAGE AFTERMARKET PARTS AFTERMARKET SELECTION METHOD: AUTOMATICALLY LIST NO. OF TIMES USER WAS NOTIFIED THAT AN AFTERMARKET PART WAS AVAILABLE: 4 NO. OF AFTERMARKET PARTS THAT APPEAR IN THE FINAL ESTIMATE: 0 9 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER, NEW MATTER, and COUNTERCLAIM 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 Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P.i, By: _t '? K vin D. Rauch, Esquire Counsel for Defendant CJ ? o ? r1l 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 izkramer(a)schmidtkramer.com TINA M. MONAGHAN and JOHN J. MONAGHAN, her husband Plaintiff V. GILMOND OBERTON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2858 JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO NEW MATTER AND NOW, come the Plaintiffs Tina M. Monaghan and John J. Monaghan, by and through their attorneys, SCHMIDT KRAMER PC, and respectfully responds as follows: 20. Paragraph 20 states a conclusion of law to which no responsive pleading is necessary. 21. Paragraph 21 states a conclusion of law to which no responsive pleading is necessary. 22. Paragraph 22 states a conclusion of law to which no responsive pleading is necessary. 23. Paragraph 23 states a conclusion of law to which no responsive pleading is necessary. WHEREFORE, the Plaintiffs request that the New Matter of the Defendant be dismissed and judgment be entered in favor of the Plaintiffs. PLAINTIFF'S ANSWER TO COUNTERCLAIM 24. Paragraph 24 is an incorporation of prior answers and no responsive pleading is necessary. 25. Denied as stated. It is admitted that the events took place at or about 8:45 p.m., on November 26, 2005, at the intersection of Noble Boulevard and the entrance to the shopping center. 26. Denied. At the time the Plaintiff first saw Defendant Gilmond Oberton he was parked at a stop sign in the shopping center parking lot at the intersection with Noble Boulevard. The Defendant did not pull out onto Noble Boulevard until the Plaintiff had begun to cross and, in fact, was % across the intersection when the Defendant accelerated into the intersection. 27. Denied. The Defendant was stopped at stop sign when the Plaintiff began to cross Noble Boulevard. It was only after the Plaintiff was in the intersection that the Defendant accelerated hitting the Plaintiff. 28. Denied. Document refers by name to individual not a Plaintiff in this matter. When Plaintiff entered the roadway at an intersection, she had the right of way. After Plaintiff was committed to the crossing, the Defendant accelerated into the Plaintiff. 29. Denied. It was the negligence of the Defendant and his accelerating after the Plaintiff was committed to the intersection. The Defendant had a stop sign and was turning and had the duty to yield oncoming traffic and pedestrians. 30. After reasonable investigation, the Plaintiff has insufficient information as to the truth or falsity of said averment. Therefore said averment is denied and strict proof demanded. 31. After reasonable investigation, the Plaintiff has insufficient information as to the truth or falsity of said averment. Therefore said averment is denied and strict proof demanded. WHEREFORE, the Plaintiffs request that the Counterclaim of the Defendant be dismissed and judgment be entered in favor of the Plaintiffs. 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 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, TINA M. MONAGHAN, verify that I am the Plaintiff in the foregoing action and that the attached Plaintiffs Answer to New Matter is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Answer to New Matter is that of counsel and is not mine. I have read the Answer to New Matter, and to the extent that it is based upon information that I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Answer to New Matter are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications made to authorities. TINA M. MONAGHAN CERTIFICATE OF SERVICE AND NOW, this --f day of , 2007, I, Gerard C. Kramer, Esquire, hereby certify that I have this day served a true and correct copy of the Plaintiff's Answer to New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 Attorney for Defendant Respectfully submitted, SCHMIDT KR.AMER PC By: 1114 erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff ___, ?? -ra - - - -,, 4 rn =, yi ?,_, ?. _i G.,?N• t: w ,..... ? ?._ _?' ' u ..m . ? ?,? ""? ? • t?..? "'? SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-02858 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONAGHAN TINA M ET AL 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 OBERTON GILMOND but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , OBERTON GILMOND 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- 37.40 So answer Sheriff of Cumberland County SCHMIDT KRAMER 01/08/2007 Sworn and Subscribed to before me this day of A. D. a « SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2006-02858 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONAGHAN TINA M ET AL 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 answ"s : Y .? r Docketing 6.00 m Cert Mail 4.83 R. Thomas Kline Affidavit .00 Sheriff of Cumberland County Surcharge 10.00 .00 20.83 Paid by SCHMIDT KRAMER on 01/08/2007 Sworn and Subscribed to before me this day of A.D. ¦ Complete ft" 1, 9, and 3. Also Item 4 If FOefttlabed D*wwy is desired. ¦ Pmt your nOM wW addim on the mvem so that we cm return ftvw+d to you. ¦ Mesa, this Owd to the back of the nwipWm or on the front If epsoe pwm8s. 1. Ardde Addressed to: Gilnmd Oberton 26563 Nanticoke Road Salisbury, NOD 21801 ? Agent B,. by ? Aww) C. Date of DOWMY ? A? 1#41-6-3-07 p. 1.dwwy.c- - . diftwntna„ hm i? C3 Yes h Yes, order dsIvery address below: ? No 17 RepistwW o Retum ReoW for Merchandise O irmured MMl 0 C.O.D. 4. Res4icted DeWery? pft Fee) 0 Yes 2 7005 1820 0002 4619 0425 06-2858 civil PS Form 3811, February 2MM Domaetlc R phim Rsodpt 102595-02-M-1540 ; CASE NO: 2006-02858 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONAGHAN TINA M ET AL 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 OBERTON GILMOND was served upon 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 '20 .4 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/08/2007 SCHMIDT KRAMER By: puty Sheriff of A. D. SCHMIDT KRAMER PC BY: Gerard C. Kramer, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) gkramer(iDschmidtkramer.com TINA M. MONAGHAN AND JOHN J. MONAGHAN, HER HUSBAND, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA V. GILMOND OBERTON, Defendant : No. NO. 06-2858 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) A Notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received; and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. By: Date: C Respectfully submitted, SCHMIDT KRAMER PC ,6erard C. Kramer, Esquire ID # 44715 209 State Street Harrisburg, PA 17101 717-232-6300 Attorney for Plaintiff SCHMIDT KRAMER PC BY Gerard C. Kramer, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) ?kramer(Di,schmidtkramer. com TINA M. MONAGHAN AND JOHN J. MONAGHAN, HER HUSBAND, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA No. NO. 06-2858 GILMOND OBERTON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA Plaintiff(s), intend(s) to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, Date: o f 1)63:' SCHMIDT KRAMER PC By: Berard C. Kramer, Esquire I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff(s) SCHMIDT KRAMER PC BY: GERARD C. KRAMER, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) gkramer r?schmidtkramer.com TINA M. MONAGHAN AND JOHN J. MONAGHAN, HER HUSBAND, : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. GILMOND OBERTON, Defendant : No. NO. 06-2858 : CIVIL ACTION -LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Police Department 240 Lincoln Street Carlisle, PA 17013 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things at the law offices of SCHMIDT KRAMER PC, 209 State Street, Harrisburg, PA 17101: 1. Incident Investigation Report 2005-11-1136, all photographs and file notes concerning the investigation. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This subpoena was issued at the request of the following person: Gerard C. Kramer, Esquire SCHMIDT KRAMER PC 209 State Street, Harrisburg, PA 17101 (717) 232-6300 Supreme Court I.D. #: 44715 Attorney for Plaintiff(s) DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE AND NOW, this day of Z , 2008, I, Gerard C. Kramer, Esquire, hereby certify that I have this day served a true and correct copy of the Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant,to Rule 4009.21 by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: JOHN A. LUCY, ESQUIRE SUMMERS, MCDONNELL, HUDOCK, GUTHRIE AND SKEEL, LLP 1017 Mumma Road, Ste. 300 Lemoyne, PA 17043 Attorney for Defendant Respectfully submitted, SCHMIDT KRAMER, PC By: 'Gerard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs SCHMIDT KRAMER PC BY: GERARD C. KRAMER, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) gkramer@schmidtkramer.com TINA M. MONAGHAN AND JOHN J. MONAGHAN, HER HUSBAND, Plaintiff : IN THE COURT OF COMMON : PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA V. GILMOND OBERTON, Defendant : No. NO. 06-2858 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Police Department 240 Lincoln Street Carlisle, PA 17013 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things at the law offices of SCHMIDT KRAMER PC, 209 State Street, Harrisburg, PA 17101: 1. Incident Investigation Report 2005-11-1136, all photographs and file notes concerning the investigation. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the, address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This subpoena was issued at the request of the following person: Gerard C. Kramer, Esquire SCHMIDT KRAMER PC 209 State Street, Harrisburg, PA 17101 (717) 232-6300 Supreme Court I.D. #: 44715 Attorney for Plaintiff(s) DATE:_ / o Seal oft the Court BY THE COURT: /s/ L -4, r. ' Prothonotary/ Clerk, I Division De uty CERTIFICATE OF SERVICE AND NOW, this day of 11F,? , 2008, I, Gerard C. Kramer, Esquire, hereby certify that I have this day served a true and correct copy of the Certificate Prerequisite to Service of Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: JOHN A. LUCY, ESQUIRE SUMMERS, MCDONNELL, HUDOCK, GUTHRIE AND SKEEL, LLP 1017 Mumma Road, Ste. 300 Lemoyne, PA 17043 Attorney for Defendant Respectfully submitted, SCHMIDT KRAMER, PC By; Gerard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs C"? ?v 4 , .T, 4 { r? 3 'j P SCHMIDT KRAMER P.C. By: Gerard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Fax (717) 232-6467 gkramer(aschmidtkramer. com Attorney for the Plaintiffs TIi p 01 N0N0T = ', t 2011 APR 20 A 9 C CUMBERLAND CoiUNT`. PF4?l?S`ILVA?i{A JENNIFER SOLLENBERGER, TINA MONAGHAN, & JOHN MONAGHAN : : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA _ Plaintiffs . V. : NO. 06-2858 GILMOND OBERTON, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED MOTION IN LIMINE AND NOW, comes the Plaintiffs, JENNIFER SOLLENBERGER, TINA MONAGHAN & JOHN MONAGHAN, by their attorney, SCHMIDT KRAMER, P.C., and respectfully moves the Court as follows: 1. The Plaintiffs respectfully move this honorable Court before trial and before selection of the jury for an Order instructing the Defendants, their attorneys, and witnesses not to directly or indirectly mention, refer to, interrogate concerning or attempt to convey to the jury in any way the matter indicated below without first obtaining permission of the Court outside the presence and hearing of the jury, and further instructing the Defense Attorney to caution and worn their clients and each and every one of their witnesses to strictly follow any Order entered by the Court in connection with this motion: i (a) The Defendant is precluded from testifying as to wether the Plaintiffs were running or walking at the time of the collision because he testified that he did not see the Plaintiffs prior to the impact; (b) The police officer, as a lay witness, cannot engage in opinion testimony and should only be allowed to testify as to what he actually observed at the accident scene. 2. As Plaintiffs aver that the matters set forth above would be inadmissible for any purpose on proper and timely objection. Permitting these comments to the jurors or offers of evidence concerning these matters would prejudice the jury and sustaining objections to such questions, comments, or offers would not cure such prejudice, but rather reinforce the impact of such prejudicial matter on the jury. WHEREFORE, the Plaintiffs, JENNIFER SOLLENBERGER & TINA MONAGHAN, respectfully request that this Court enter an Order as requested above. Respectfully Submitted, SCHMIDT KRAMER, P.C. By: Gerard C. Kramer Attorney at Law ID No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 r SCHMIDT KRAMER P.C. By: Gerard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Fax (717) 232-6467 gkramer(&schmidtkramer. com Attorney for the Plaintiffs JENNIFER SOLLENBERGER, TINA MONAGHAN, & JOHN MONAGHAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 06-2858 GILMOND OBERTON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S BRIEF IN SUPPORT OF PLAINTIFF'S MOTION IN LIMINE I. Facts The Plaintiffs in this lawsuit, Jennifer Sollenberger & Tina Monaghan, were injured in an automobile accident which took place at 8:45 pm on November 26, 2005. At the time of this accident, Jennifer Sollenberger and Tina Monaghan were attempting to cross Noble Boulevard in Carlisle, Pennsylvania. The intersection was Noble Boulevard and the entrance to the shopping center parking lot. This collision occurred when Jennifer and Tina began to cross the street. The automobile driven by the Defendant, Mr. Gilmond Oberton, turned right into the intersection and collided with both of the Plaintiffs. Jennifer and J Tina have brought an action against Mr. Oberton based on negligent operation of his motor vehicle. II. Legal Authority In Support of Motion in Liming A. THE DEFENDANT IS PRECLUDED FROM TESTIFYING WHETHER THE PLAINTIFFS WERE RUNNING OR WALKING AT THE TIME OF THIS COLLISION BECAUSE HE TESTIFIED THAT HE DID NOT SEE THE PLAINTIFFS PRIOR TO THE IMPACT. Pa. R.E. § 602 states that a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. This is known as the personal knowledge rule or the requirement of firsthand knowledge. In the present case, the defendant, Mr. Oberton, testified during his deposition that he did not see the Plaintiffs before the impact. Upon initial questioning, Mr. Oberton stated that he saw the Plaintiffs prior to impact. (See Deposition of Mr. Oberton at 27, lines 17-18). After more specific questioning as to the direction of traffic and the direction that he was looking, Mr. Oberton stated that he did not see the Plaintiffs prior to pulling out into the intersection. The question receiving this response was: "You didn't see them at all?" And Mr. Oberton stated: "No, no." (See Deposition of Mr. Oberton at 31, line I). Later in the deposition, he solidifies the fact that he did not see the Plaintiffs any time before impact. Mr. Oberton was questioned: "So did you see them before you hit them?" His reply was: "No, I had an opportunity to see them after I hit them." (See Deposition of Mr. Oberton at 35, line 7). Lastly, he was questioned once again: "You didn't see them at all before you hit them?" Mr. Oberton replied: "No, no, no." (See Deposition of Mr. Oberton at 35, U lines 11-12). As Mr. Oberton was asked to recall the specific details of this accident, his own testimony reveals that he did not see the Plaintiffs before the collision. Mr. Oberton did not have an opportunity to see the plaintiffs before impact and this precludes him from testifying whether the plaintiffs were running or walking. The personal knowledge rule applies in this instance because it cannot be shown that Mr. Oberton had the opportunity to see or actually did see the plaintiffs walk or run. Mr. Oberton's opinion is mere speculation and not probative. As a result, he should not be permitted to testify on this issue. B. THE POLICE OFFICER, AS A LAY WITNESS, CANNOT ENGAGE IN OPINION TESTIMONY AND SHOULD ONLY BE PERMITTED TO TESTIFY AS TO WHAT HE ACTUALLY SAW AT THE TIME OF THIS ACCIDENT. Pa. R.E. § 701 states that if a witness is not testifying as an expert, the witness' testimony in the form of an opinion or inference is limited to those opinions or inferences which are rationally based on the perception of the witness, helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge. In the present case, the police officer is not testifying as an expert. As a result, he is a lay witness under Pa. R.E. § 701.. This creates a problem for some of the evidence that the police officer is attempting to present. When Mr. David Rogers, the police officer, stated that "this statement did not match the events as described by Ms. Sollenberger," (See Preliminary Hearing at 6, lines 21-22) he is giving an opinion which should not be admissible because he is Y a lay witness. It is an opinion on credibility. Questions of credibility are soley for the jury. In addition, Mr. Rogers cannot testify to the fact of how a typical person would view traffic at the intersection in question. As a lay witness, Mr. Rogers is restricted to testimony on what he actually observed. He cannot offer evidence on the issue whether Mr. Oberton looked left and right before pulling out into this intersection. This is beyond the scope of his permissible lay witness testimony. Ms. Sollenberger and Ms. Monaghan were three quarters of the way across this street before they were struck by the Defendant's vehicle. They had already successfully crossed 2 lanes and were into the third lane before the Defendant crashed into the Plaintiffs. Mr. Rogers should not be permitted to testify whether he believes Plaintiffs were running or walking across the intersection because he did not witness this accident. Respectfully Submitted, SCHMIDT KRAMER, P.C. By: Gerard C. Kramer Attorney at Law I.D. No. 44715 209 State Street Harrisburg, PA 17101 CERTIFICATE OF SERVICE AND NOW, this day of April, 2011, I, Gerard C. Kramer, Esquire, -jo counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing Plaintiffs Motion in Limine and Brief in Support of Plaintiff's Motion in Limine by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John A. Lucy, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel 100 Sterling Parkway Mechanicsburg, PA 17050 Respectfully submitted, SCHMIDT KRAMER PC B r2209 C. Kramer 4715 ate Street urg, PA 17101 (717) 232-6300 Attorney for Plaintiff JENNIFER A. SOLLENBERGER, IN THE COURT OF COMMON PLEAS OF TINA M. MONAGHAN AND CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. MONAGHAN, HER HUSBAND: PLAINTIFFS V. a -n GILMOND OBERTON, DEFENDANT NO. 06-2858 CIVIL o Q©, IN RE: PLAINTIFFS' MOTION IN LIMINEt=., - ORDER OF COURT .- ' AND NOW, this 20th da y of April, 2011, upon consideration of the Plaintiffs' Motion in Limine and after discussion of the Motion with Counsel at Pre-Trial Conference; IT IS HEREBY ORDERED AND DIRECTED that: 1. Plaintiffs' Motion in Limine requesting that Defendant be precluded from testifying as to whether Plaintiffs were running or walking at the time of the collision is DENIED. Plaintiffs will be provided liberal opportunity to cross examine the Defendant regarding the alleged inconsistencies from his prior deposition testimony. 2. Plaintiffs' Motion to Preclude Police Officer David Rogers from rendering an opinion as to how he believes the accident occurred or whose conduct is responsible for the accident is GRANTED. The Officer's testimony will be restricted to his observations of the roadway in question, the evidence he observed at the scene of the accident, and the statements given to him by the parties. Officer Rogers will be cautioned regarding this ruling prior to his testimony. By the Court, \Ikj?' M. L. Ebert, Jr., J. Gerard C. Kramer, Esquire Court Administrator 6AS 4 4l?/ Attorney for Plaintiffs Mai(Or Coy ? ?. John A. Lucy, Esquire Attorney for Defendant bas M JENNIFER A. SOLLENBERGER, IN THE COURT OF COMMON PLEAS OF TINA M. MONAGHAN AND CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. MONAGHAN, HER HUSBAND: PLAINTIFFS GILMOND OBERTON, M =-, X DEFENDANT NO 06-2858 CIVIL . -t o IN RE: PRE-TRIAL CONFERENCE C-) nr C) ORDER OF COURT 5a: r- CD M -4 AND NOW, this 20th day of April, 2011, after Pre-Trial Conference with Co unse ° l in this matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Trial counsel in this case shall be Gerard C. Kramer, Esquire for Plaintiff and John A. Lucy, Esquire for Defendant. 2. There are no judicial conflicts in this matter. 3. Counsel for the Plaintiff did file a Motion in Limine at the time of the Pre-Trial Conference. After discussion with counsel, I did rule on these motions and have filed separate orders regarding them. Defense Counsel indicated that there was an outstanding issue regarding the amount of money owed to the Carlisle Regional Medical Center. This matter has not been resolved and counsel for the Defendant indicated he would file a written motion tomorrow which will have to be resolved by the trial judge. 4. Counsel have indicated that trial will take approximately 2 days. 5. Each party will be granted four peremptory challenges. 6. There is no need for a view in this matter. 7. Counsel have agreed that jurors will not be allowed to take notes. 8. All parties have been directed to prepare an exhibit list. Two copies of this exhibit list shall be provided to the Court prior to the commencement of trial. All visual aids used in the case shall be disclosed to the opposing party. 9. Counsel for each party is directed to file with the Court on or before 12:00 p.m. on April 27, 2011, a list of the numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it shall provide the full text of the proposed instruction to the Court. 10. On or before 12:00 p.m. on April 27, 2011, the parties will provide a proposed verdict slip to the Court for review. By the Court, ? Gerard C. Kramer, Esquire Attorney for Plaintiffs V1 John A. Lucy, Esquire Attorney for Defendant Court Administrator 16ptS M. L. Ebert, Jr., J. ?l tl bas L, T11 `7 i ?" 0 i1?0 'd41 A R.?. 1U'I I PR 26 AIM !J' ,; -. t;iJMBERLAND COUNT,.`, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFI?R A. SOLLENBERGER, Plaintiff, V. GILMOf D OBERTON, Defendant. CIVIL DIVISION NO. 06-2858 AMENDED MOTIONS IN LIMINE (Jury Trial Demanded) and TINA M. MONAGHAN and JOHN J MONAGHAN, her husband, Plaintiffs, Filed on Behalf of the Defendant Counsel of Record for This Party: V. GILMO?D OBERTON, Defendant. 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 JENNIFER A. SOLLENBERGER, Plaintiff, V. GI ID OBERTON, Defendant. and TINA M. JOHN J. GILMO? MONAGHAN and MONAGHAN, her husband, Plaintiffs, V. ID OBERTON, Defendant. CIVIL DIVISION NO. 06-2858 (Jury Trial Demanded) AMENDED MOTIONS IN LIMINE McDon followi 1. VD NOW, Gilmond Oberton, by and through his attorneys, Summers, II, Hudock, Guthrie & Skeel, P.C., and John A. Lucy, Esquire, and files the Amended Motion in Limine and in support thereof avers the following: MOTION IN LIMINE TO PRECLUDE MEDICAL BILLS WHICH ARE PAID/AND OR PAYABLE This accident occurred on November 26, 2005 at approximately 8:30 p.m. on Noblo Boulevard, Carlisle, Cumberland County, Pennsylvania. 2, At that time, the Defendant was making a right turn from the Wal-Mart parking lot into the left eastbound lane of Noble Boulevard when a accident between the Plaintiffs', who were pedestrians, occurred. 3 As a result of the accident, the Plaintiff, Tina M. Monaghan, treated at the Carlisle Regional Medical Center for her injuries. 4. isnota1 (35 P.S. 5. Plaintiff, bills. 6. medical It is believed, and therefore averred, that Carlisle Regional Medical Center ma one medical center as found under the Emergency Medical Services Act §§6921-6938). As a result of said services, Carlisle Regional Medical Center billed the Monaghan's insurer, Safe Auto, a total of approximately $11,445.14 in medical As required under Pennsylvania law, the Plaintiff had $5,000 in first party through Safe Auto Insurance. 7 It is believed, and therefore averred, that Carlisle Regional Medical Center has maintained that they are a trauma one medical center, and their bills are not subject to fee re uction under Act VI of the Pennsylvania Motor Vehicle Financial Responsibility Law. Th s assertion is unfounded and incorrect. 8. $5,000, 9. properly separate EOB's a 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 reduced under Act VI, the total bill amount would have been $3,633.71 (two statements of $3,327.10 and $311.51) due and owing. (See fee reduced hereto as Exhibit "A"). 10. 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 would have been $3,633.71, which is significantly less. 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 (MYFRL) preclusion of recovering acquired benefits precluded the Plaintiff from recovering the amounts of benefits paid and/or payable by first party coverage or by private health insurance for medical bills averred to be the consequence of the subject motor vehicle accident. See 75 Pa.C.S.A. §1722. 1?. 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 tune 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 Onder the Emergency Medical Services Act, they were incorrectly reimbursed in the a 1 nt of $5,000, the Plaintiff's total first party benefits. As such, this was an accounting error on the part of the Plaintiffs first party cagier, and not the Defendant, Gilmond Oberton. 1 7. The Plaintiff's remedy, therefore, was a direct action against Safe Auto Insurance, their auditor and/or Carlisle Regional Medical Center. 10. To allow the Plaintiff to present these bills to the jury at the time of trial, would bo 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 wlhich 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 standard, the Plaintiff can not seek to introduce this evidence solely through the Plaintiffo testimony. Ratav v. Liu, 260 A.2d 484, 486 (Pa. Super. 1969). 21. As the Plaintiff has not provided a causal connection, nor has any proof been supmitted regarding the reasonableness or medical necessity of the bills being offered 4y the Plaintiff, this evidence must be precluded. VVHEREFORE, Defendant, , respectfully requests this Honorable Court enter an Order granting Defendant's Motion in Limine, and accordingly, Plaintiff, is precluded from li: payabl( Ing 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, SUMMERS, MoDQNNELL, HUDOCK, GUTHRI SKE . P.C. By.j - z cy, Esquire r Defendant 0/16/09 Bill Control # : 805092890200 Claimant Cntrl # : 107808 Date of Injpry / ,' Patient Number 9326193 Service Dat? From: 11/26/05 Provider Nol 390058A Tax ID 251887146 INPATIENT EXPLANATION OF BENEFITS Provider Na a CARLISLE REGIONAL MED CTR Provider Ad ress 361 ALEXANDER SPRING RD Carlisle PA 17015 DIAGS: 1) 8801 ADRENAL GLAND INJURY-CL 2) E 197 TRAFFIC ACC NOS-PEDEST DRG DESCRIPtION: ENDOCRINE DISORDERS W/0 CC ADM (FROM) 11/26/05 FEDERAL AMOUNT 2770.52 TOTAL PPS AMOUNT 3020.18 ( TOTAL AMOUNT DUE 3322.20 1 THIS ANALYSIS HAS BEEN PREPARED ACCORDING TO ACT 6 OF 1990, SECTION 1797(a) AS SIGNED INTO THE PENNSYLVANIA LAW ON FEBRUARY 7, 1 190. THE ELIGIBLE AMOUNT REFLECTS 110% OF THE PROVIDER'S MEDICARE PAYMENT USING THE APPLICABLE MEDICARE FEE SCHEDULE AMOUNT OR 80% OF CUSTOMARY CHARGES. Questions regarding this review should be directed to: HEALTH RESOURCES & AUDITING EIN: 25-1655225 MANAGEMENT SERVICES, INC. Phone 717-728-5507 1970 T CHNOLOGY PARKWAY SUITE 200 Fax 717-728-5503 MECHAN CSBURG, pa 17050 DISCH COVD TOTAL DRG REAS (THRU) --- DAYS ---- CHARGES ---------- CODE CODE ---- ---- ---- 1/281/05 3 11093.94 301 Claimant Claim # UNKNOWN Customer Code SKLA Policy No. Keyer Initials Service Date Thru: 11/28/05 Locality NPI # 1730133844 Claimant Name TINA MONAGHAN Claimant Address 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 PPS 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 0.00 3322.20 _R- I ` T... REGION.-".L ffEL t r.,T ¢DR - CARLISLE PA 17013 7ELnP HONE '717) 960-1680 l5- - 1887146 112605 112905 3 -- ;v AG TINA - -- 21 E SOUTH ST 'CARLISLE A 17013 03031977 _F 11260 23 ? 7 - 13 01 0001047131 _ - - - - - - - 0301 -C2 112605 I MONAGHAN, TIN A - -- r I_ 21 E SOUTH S Ol! 650.00 1; CARLISLE PA 17013 i I _'. M, -i. r- I 120 ROOM-BOA RD/SEMI 650.00 3 1950.00 'I 250 rHARMACY 38 390.37 258 TV SOLUT IONS 4 422.22 270 LIED-SUR SUPPLIES 7 152.45 272 STERILE SUPPLY 3 117.44 1300 LABORATO RY 11 99 .p p 301 LAB/CHEM ISTRY 2 145.29 305 tAB/HEMR OLOGY 19 564.50 320 bX X-RAY 3 972.78 3S2 CT SCAN/ BODY 3 3287.45 450 EMERG RO OM 4 1749.41 •636 DRUGS OT HER 8 356.20 732 TELEMETR Y 41 886.83 001 TOTAL CH. .RGES 11093.94 PAGE 1 G 1 SAFE AUTO 51887146 Y I 1_1093.94 -- ? 11093.94 - - MONAGHAN, TIN - --- - --- -- -- ?8 234744 - - -- -- - - ` 3.._____------- JI LL X 612 I 9 AMERICAN MINT LLC MECHANICSBUP.G 86801 E8197 248 _F. ___--- 868.01 E8197 0307. -- - + - - - PAM p 0 5 6 3 2 9 I E G _91.73 . . -- - --- - --- - , _ - ---.. - -- -=- 1 -? _''_l- 6M4 1 E . __PAMD 01 ? ---BRANSCUM ? is ?rl ?? SAFE AL -- - --- -- -- -- -- -- PO BOX 1 2384 COL UMB-U-S_ - OH vS RR 01 nlnG ??.? ?:?. ?-i.'. , .?. I r-.. a. ..a r•.r. ?c---_r?. __._-."- iJ/r6/09 OUTPATIENT EXPLANATION OF BENEFITS.'` yy, Bill Control # : 805092890201 Claimant Cn rl # : 107808 Date of Inj ry / / Patient Num er 7554971 Service Dat From: 12/06/05 Provider No'i 390058A Tax ID 251887146 Provider Na a CARLISLE REGIONAL MED CTR Provider Ad ress 361 ALEXANDER SPRING RD Carlisle PA 17015 DIAGS: 1) 998 INJURY MLT SITE/SITE NEC 2) I DATE OF SERVICE 12/06/05 12/06/05 12/06/05 12/06/05 12/06/05 12/06/05 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 SERVI CE 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) ***Total'** 2003.82 -1692.31 311.51 Plus: Transitional 0/P Payment 0.00 I TOTAL AMOUNT DUE 311.51 1 ?ttttt PAYMENT CODES ratr?tr CHARGE MASTER ALLOWANCE 4) 80% OF ALLOWABLE CHARGES a) CHARGE MASTER: FROZEN CC RATIO 5) 100% MEDICARE FEE SCHEDULE b) CHARGE MASTER: @80% OF CHARGES 6) 100% OF ALLOWABLE CHARGES MEDICARE BLENDED AMOUNT: 7) DRUGS CHG TO PAT CC RATIO @1130 - 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 BEEN PREPARED ACCORDING TO ACT 6 OF 1990, SECTION 1797(a) AS SIGNED INTO THE PENNSYLVANIA LAW ON FEBRUARY 7, 19 0. THE ELIGIBLE AMOUNT REFLECTS 110% OF THE PROVIDER'S MEDICARE PAYMENT USING THE APPLICABLE MEDICARE FEE SCHE ULE AMOUNT OR 80% OF CUSTOMARY CHARGES. Questio(:s regarding this review should be directed to: HEALTH ESOURCES & AUDITING MANAGEM NT SERVICES, INC. 1970 TE HNOLOGY PARKWAY SUITE 200 MECHANI SBURG, pa 17050 EIN: 25-1655225 Phone 717-728-5507 Fax #: 717-728-5503 3 2 0 DX X - RAY 320 DX X - RAY 320 DX X - RAY 320 DX X - RAY 320 LAX X- RAY !320 bX X- RAY 001 TOTAL CH 7110OLT 120605 1 390.51 72110 120605 1 505.92 72170 120605 1 247.49 7351ORT 120605 1 292.:65 1 73564RT 120605 1 301.60 7359050 120605 1 265.65 URGES j 2003.82 I II ---- --PAGE._-1--Q .--1--- I I HEALTHASSURAN E 139487 K y 8 2003. 2 ------------- ---- j"j 2 -0-0 2- 8 2- MONAGHAN, TINA M 18 5132944701 i - _ .__..__-.._ I j I 1745350001 , g AMERICAN MINT LLC F MECHANICSBURG 9-59-8 , 1 95-98 - - -- -- I`-PAMD0563-29L - - - - - _. G (1-9-1 7,3 - - SE LACK J .. - =- - -- - w HEALTHAS8URANCE -- - PO BOX 7089 =,?I' a?. a .. - I OND_OII ----KY----4 0.Z 4 2 --- - - - - - - dR? ?a R nsrinma I ?I .et:' : .., 1-1 IN THE (COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M.', MONAGHAN and CIVIL DIVISION JOHN J1 MONAGHAN, her husband, Plaintiffs, NO. 06-2858 V. GI (Jury Trial Demanded) D OBERTON, Defendant. ORDER A D NOT TO WIT, this day of , 2011, 1 IS HEREBY ORDERED, ADJUDGED AND DECREED, that Defendant's Motion n Limine is granted, and accordingly, Plaintiff, is precluded from eliciting testimony and/or introducing evidence in support of the Plaintiff Monaghan's medical bills fronji Carlisle Regional Medical Center or other providers. J. Di List: Gerard . Kramer, Esquire, Schmidt, Ronca & Kramer, P.C.; 209 State Street, Harrisburg, PA 17101 John A. Lucy, Esquire, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE LIMINE been m 25th day HEREBY CERTIFY that a true and correct copy of the foregoing MOTION IN ?TO PRECLUDE MEDICAL BILLS WHICH ARE PAID AND/OR PAYABLE as piled by U.S. Mail to counsel of record via first class mail, postage pre-paid, this of April, 2011. Gerard C. Kramer, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMERS, NELL, HUDOCK, GUTHRIE KEEL. P.C. A. n cy, Esquire r Defendant JENNIFFER A. SOLLENBERGER, TINA M1 MONAGHAN AND JOHN J. MONAGHAN, HER HUSBAND: PLAINTIFFS V. GILMO? D OBERTON, I DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c zrn 'F -ter o ? r- : c' NO. 06-2858 CIVIL> IN RE: DEFENDANT'S MOTION IN LIMINE ORDER OF COURT or befo Motions in Limine to Preclude Medical Bills, gra Gerard Attorne, a3a April 271, 2011; D NOW, this 26th day of April, 2011, upon consideration of Gilmond Oberton's IS HEREBY ORDERED AND DIRECTED that: A Rule shall issue upon Plaintiff to show cause why the Motion should not be Plaintiff, Jennifer Sollenberger, will file an Answer on or before Wednesday Both parties are directed to file any brief/case law applicable to this Motion on Friday, April 29, 2011; Argument on the matter will be held immediately preceding trial. C. Kramer, Esquire (for Plaintiffs - Ley&7 John A Lucy, Esquire Attorne for Defendant ci b - 9 la 9 "a?fcl ?I Do bas (faxed to attorneys) By the Court, I _F -0F . THE SCHMIDT KR.AMER PC BY: GERARD C. KRAMER, ESQUIRE Attorney I.D. #44715 1r, 2-7 4 209 State Street CU13ERLANp Gy j !Ty Harrisburg, PA 17101 r EN S "f L4.at, (717) 232-6300 Fax No. (717) 232-6467 Attorneys for Plaintiff gkramer(&schmidtkramer. corn JENNIFER SOLLENBERGER, TINA MONAGHAN, & JOHN MONAGHAN : : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 06-2858 GILMOND OBERTON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S AMENDED MOTION IN LIMINE 1. Admitted. 2. Admitted in part, denied in part. It is admitted that the Defendant was making a right hand turn from the Wal-Mart parking lot. As to which lane on Noble Boulevard the Defendant was in or whether he was between lanes at the time of the accident is disputed. 3. Admitted. 4. Unknown to Plaintiffs whether Carlisle Regional Medical Center is a trauma one medical center or trauma two medical center as defined under the Emergency Medical Services Act. Therefore this allegation is denied. 5. It is believed that the total bill is $11,093.94 from the Carlisle Regional Medical Center. 6. Admitted. 7. Carlisle Regional Medical Center is taking the position, as is Safe Auto, that this bill was for trauma services and they were entitled to be paid 100% of the bill. 8. It is believed that Safe Auto paid the ambulance bill and paid the balance of $4,648.80 to Carlisle Regional Medical Center. There was an additional $2,003.82 paid by Tina Monaghan's health insurance with Health America. Health America is an HMO. Therefore, the Plaintiff is claiming that she may plead, prove, and recover $6,445.14 of the Carlisle Regional Medical Center bill. 9. Denied. The bill was Act 6 reduced by the Plaintiff's insurer Safe Auto by Genex Services, Inc.. (See documents attached Exhibit "A"). Genex Services, Inc. Act 6 reduction was then sent to Safe Auto. Safe Auto explained their position in a letter. (See letter attached as Exhibit "B") 10. Denied. 11. Plaintiff is attempting to recover medical bills which are due and owing after the Act 6 payments by her insurer, as well as those paid by Plaintiff's HMO, which has a right to reimbursement. 12. There are additional outstanding medical bills which have not been paid by any source or paid by an HMO, which Plaintiff may also plead, prove, and recover. These include Andorra Radiology; $67.72 and Jeffrey Sedlack; $26.36. There are also co-pays and deductibles totaling $290.38 which may be introduced into evidence. 13. The bills that are listed above have not been paid and are not believed to be payable, or are subject to a lien which is enforceable. These bills are therefore admissible. 14. The bills above are not being introduced to support claims for non- economic damages. They are being introduced because it is believed that they are recoverable in this case. 15. Plaintiff submitted the bill to her first party provider as required under the Financial Responsibility Act. The first party provider adjusted the bill and made the Act 6 reductions, after sending it out to Genex Services, Inc., a company that does Act 6 reductions on a full-time basis. Plaintiff is relying on these adjustments in making the claim for the outstanding bills. 16. It is submitted that there is not an accounting error on the part of the Defendant, Gilmond Oberton. Plaintiff is attempting to plead, prove, and recover those bills which medical providers are attempting to collect after the payment of her entire first party benefits. 17. The bills are recoverable and may be recovered in this accident against Defendant, Gilmond Oberton. If the bills are not recoverable by Order of this Court, it will preclude an action of recovery against Carlisle Regional Medical Center. 18. Denied. 19. Denied. This trial is being held at the agreement of counsel in accordance with Rule 1311. 1, despite the fact that we are not appealing from Arbitration. The Plaintiffs have stipulated that their damages will be limited to a maximum amount of $25,000.00 per Plaintiff. The reason the Plaintiff entered into this stipulation was not for the sole benefit of State Farm. In return the Plaintiffs are allowed, under Rule 1311.1(c), to use documentary evidence as though it was a statutory arbitration under Rule 1305. These documents clearly qualify as medical bills and medical records and are admissible. 20. Denied. In this case the injuries are obvious and medical testimony is not necessary for any issues of causation. Reist v. Manwiller, 332 A.2d 518 (Pa. Super 1974). 21. See the answers to Paragraphs 19 and 20. WHEREFORE, the Plaintiffs request that the Defendant's Motion in Limine is DENIED and that Plaintiffs be permitted to plead, prove, and recover the outstanding medical expenses and those paid by an HMO in accordance with the Financial Responsibility Act. Respectfully submitted, SCHMIDT KRAMER PC BY Gerrard C. Kramer ttorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff VERIFICATION I, Gerard C. Kramer, Esquire, verify that I am attorney of record for the Plaintiff, and that the foregoing document is based upon information within the knowledge of the Plaintiff and attorney. However, the Plaintiff has not been able to verify it fully as of yet. For that reason, I make this Verification on Plaintiff s behalf. 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. SCHMIDT KRAMER PC By Zt d C. Kramer torney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff Date: GENEX S i I "7 ?y erv ces, nc. Medical Bill Review Department 440 E. Swedesford Road, Ste 2045 Wayne, P Wayne, PA 19087 Phone: (610)989-4910 L Fax: (610}688-5172 EXPLANATION OF REVIEW Provider. CARLISLE REGIONAL MED CEN Process Date: 02107/2006 Roo ix: 01126/2006 248 PARKER ST 8111 ID: 4003-U-8443138.0 CARLISLE, PA 17013.0000 Claim M. 234744 DOI: 1112512005 BR Recd Dl: 01131/2006 Provider 1D: #2235619 NCIC # CMS: NPt: Adj: Loa Code: Provider TIN: 251887146 CMS: CLAIM ID: Patient: MONAGHAN, TINA Individual Provider: Patient ID: 234744 IndMdual Provider 10: NPI: Audit Account: PA-Sate Auto Insurance-Columbus Individual Provider TIN: SAFE AUTO INSURANCE COMPANY Patient Control # 9326193 4 EAST OVAL Network: COLUMBUS. OH 43219-1816 Network Plan: Audh Account ID: P11332 Network Plan #: Report Account: PA-Safe Auto Insurance-Columbus Report Account ID: P11332 Admit/Discharge Dates: :11/26/20U5 - I IM912005 Dates of Service: 1112612005 -11129!2005 Submitted DRG:. 301 Adjusted ORG: 301 Adj Code: P2 716 Sfx: Other-17: Prov Type: HO Recon Case: GENEX 1332-398257 Undenvrtr. Case: ICD•9 DX: Grp Code: 07 - AUTO Acct Code: 868.01 ADRENL GLAND INJURY W/O MENTION OPN WO UND IN CAV E819.7 MOTOR VEH ACC UNS NATURE-INJURING PEDESTRIAN 924.8 CONTUSION OF MULTIPLE SITES NEC PX CODES: Submitted Reimbursed Code Code(s) Minutes Total Reductions policy limits DOS ModlBer(s) ModMierts) /Units Charges Bal Review appearing only Total Allowance 1112612005 120 120 - 13 1,950.00 11950.00 ROOM-BOARD/SEMI Explanation Codes': 111-002,859-002 11/2612005 250 250 - 138 390.37 - - 300.37 PHARMACY Explanation Codes": 111-002, 859-002 11126/2005 258 258 • /4 422.22 422.22 IV SOLUTIONS Explanation Codes': 111-002, 859-002 11126/2005 270 270 - 17 152.45 - 152.45 MED•SUR SUPPLIES Explanation Codes: 111-002, 859.002 11/2612005 272 272 - /3 117.44 117.44 STERILE SUPPLY Explanation Codes': 111-002, 859-002 CPT only m 1996. 2006 American Medical Association. Alt rights reserved. COT4 and CDT-2005: Current Daniel Terminology is copyright ® 2003-2006 American Dental Association. All tots reserved.Ameriean Dental Association. AN rights reserved. Applicable FARSIDFARS Restrictions Apply to Government Use. 5/27/2010 Page 1 oft monaso110016 Submitted Reimbursed Code Code(s) Mlnules Total Reductions policy limits DOS Modlner(s) Modifler(s) fUnls ,Charges SIII Revfew appearing only TIM Albwena 1112612005 300 300 - 111 99.00 - - 99.00 LABORATORY OR (LAB) Explanation Codes': 111-002, 859-002 11/2612005 301 301 - 12 145.29 - 145.29 LABICHEMISTRY Explanation Codas': 111-002, 859.002 1112612005 305 305 - / 19 564.50 564.50 LABIHEMATOLOGY Explanation Codas': 111-00$ SSO-002 11126/2005 320 320 - /3 97278 - 972.78 OX X-RAY Explanation Codes': 111-002, 859-002 1112612005 352 352 - 13 3,287.45 3,287.45 CT SCAN/BODY Explanation Codes': 111-002, 859-002 11126/2005 450 450 14 1,749.41 1,749.41 EMERG ROOM Explanation Codes': 111-02, 859-002 11/2612005 638 636 to 356.20 356.20 DRUGSIDETAIL CODE Explanation Codes': •.111-002, 859.002 11/2612005 732 732 - 141 886.83 - 886.83 TELEMETRY Explanation Codes': 111.002, 859-002 TOTAL_CHARGES $ 11,093.94 BILL REVIEW REDUCTION $ 0.00 NETWORK REDUCTION $ 0.00 OTHER REDUCTION $ 0.00 TOTAL RECOMMENDED ALLOWANCE $ 11,093.94 1875IOf0/OgJ01527I1A01J402 !EXPLANATION O= 111-002 COVENTRY CONTRACT STATUS INDICATOR 02. NON-CONTRACTED PROVIDER 859.002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $1 749.41 , $69.002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $1 950.00 , 859-002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $117.44 859.002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $145.29 859.002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $152.45 859-002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $3,287.45 859.002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $356.20 859-002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $390.37 859.002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $422.22 859.002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $584.50 859.002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $888.83 959.002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $972.78 959.002 SEVERITY OF INJURIES AND INTENSITY OF SERVICE WARRANTS TRAUMA PROTOCOL $99.00 Unless olherNdse noted, all reductions are In accordance with the medical fee schedule as per the rules and regulations authorized by the State of Penns lvania ins r 31 P Code, Chapter 89, Section 18 of Act 6. y u ance. A Should you have any questions or concerns, please contact the GENEX office 8sled at the lop of this form. Payment made under separate cover. CPT only 0 19%- 21108 American Medical AssWation. An rights reserved. CDT-4 and CDT-2005: Current Dental Terminology Is copyright 0 2003.2006 American Dental Assooletiom All rlghls re3erved.A meriean Dental Association. NI rights reserved. Applicable FARS/DFARS Restrictions Apply to Government Use. BIII ID: 4003-U-6443138-0 5127/2010 Page 2 of 2 monaso110017 1".? 400V Off i 4ttne,,s At Latin Gerard Kramer. Esq. Schmidt Kramer, PC 209 State Street Ilarrisburf;. PA 17101 RE: Monaghan SA Claim No. 234744 Our File No. 100007.277 n_..... ij-, !, I. ;»a W A S H I N G T 0 N September 1, 2010 L T I M O R E P H I L A D E L P H I A Gary B. Cialer, Esquire (26;-) 338-1308 (Direct Dial) (267) 338-1333 (Facsimile) gcutler oJfitkurman. com I thank you for forwarding to my attention your August 12, 2010, letter to Mr. Lucy, as well as the letter that he had forwarded to your leading to your August 12 reply. It appears to me that Cdr. Lucy consider challenging the auditing company's evaluation of the Carlisle lie 10111( !Medical Center claim. I suggest that, if there is an issue regarding that audit, these issues ultiiltately \kould not be ones in which Safe Auto would be involved but the auditing company would be in%olyed. II 10(1111011. I \vould except that, as part of your preparation for trial in the Monaghan v. OhcFti,n t-asc you will be notifying Mr. Lucy that there are no first-party benefit funds still a%a,ialflc through Safe Auto. Please let me know when your trial is scheduled in the Monaghan case so that I can monitor, on behalf of Safe Auto, the potential for further claims to be pursued depending upon the decision of the court regarding what is and what is not boardable. I thank you for your help and look forward to hearing from you. Very truly yours, `j GBClcat Garv B.';Cutler CERTIFICATE OF SERVICE AND NOW, thisU! 7day of April, 2011, I, Gerard C. Kramer, Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing Plaintiff's Response to Defendant's Amended Motion in Limine by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John A. Lucy, Esquire Summers, McDonnell, Hudock, Guthrie &, Skeel, LLP 100 Sterling Parkway, Ste. 306 Mechanicsburg, PA 17050 Respectfully submitted, SCHMIDT KRAMER PC By: l ? Gerard C. Kramer I.D.# 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff JENNIFER A. SOLLENBERGER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GILMOND OBERTON, DEFENDANT 06-2858 CIVIL LAW JURY VERDICT FORM CLAIM OF JENNIFER SOLLENBERGER 1. Do you find that the Defendant Gilmond Oberton was negligent as to the claim of Jennifer Sollenberger? V/ Yes No `? If you answer Question No. 1 "Yes," continue to Question No. 2. If you answer Question No. 1 "No," the Plaintiff Sollenberger cannot recover and you should return to the Courtroom. 2. Was the Defendant Gilmond Oberton's negligence a factual cause of any harm to the Plaintiff, Jennifer Sollenberger? Yes No If you answer Question No. 2 "Yes," continue to Question No. 3. If you answer Question No. 2 "No," you should not answer any further questions and should return to the Courtroom. 3. Was the Plaintiff Jennifer Sollenberger negligent? Yes No If you answer Question No. 3 "Yes," proceed to Question No. 4 If you answer Question No. 3 "No," proceed to Question No. 6. 4. Was the Plaintiff, Jennifer Sollenberger's negligence a factual cause of any harm to her? Yes No If you answer Question No. 4 "No," proceed to Question No. 6. If you answer Question No. 4 "Yes," proceed to Question No. 5 5. If you have found more than one party causally negligent, you must apportion the negligence amount those parties. Taking the combined negligence that was a factual cause of any harm to the Plaintiff, Jennifer Sollenberger was 100 percent, what percentage of causal negligence was attributable to Defendant, Oberton, you have found causally negligent and what percentage was attributable to the Plaintiff? a. Percentage of causal negligence attributable to Plaintiff, Jennifer Sollenberger (Answer only if you have answered "Yes" to Questions No. 3 and 4 for Plaintiff Sollenberger) b. Percentage of causal negligence attributed to Defendant, Gilmond Oberton (Answer only if you have answered "Yes" to Questions No. 1 and 2 for Defendant, Gilmond Oberton) If you have found the Plaintiff's causal negligence to be greater than 50 percent, then the Plaintiff cannot recover and you should not answer Question No. 6. 6. State the amount of money damages, if any, you award to the Plaintiff, Jennifer Sollenberger. - -7 -/ - 1 Foreperson ` Date TINA M. MONAGHAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GILMOND OBERTON, DEFENDANT 06-2858 CIVIL LAW JURY VERDICT FORM CLAIM OF TINA MONAGHAN 1. Do you find that the Defendant Gilmond Oberton was negligent as to the claim of Tina Monaghan? z Yes No If you answer Question No. 1 "Yes," continue to Question No. 2. If you answer Question No. 1 "No," the Plaintiff Monaghan cannot recover and you should return to the Courtroom. 2. Was the Defendant Gilmond Oberton's negligence a factual cause of any harm to the Plaintiff, Tina Monaghan? Yes No If you answer Question No. 2 "Yes," continue to Question No. 3. If you answer Question No. 2 "No," you should not answer any further questions and should return to the Courtroom. 3. Was the Plaintiff Tina Monaghan negligent? Yes No If you answer Question No. 3 "Yes," proceed to Question No. 4. If you answer Question No. 3 "No," proceed to Question No. 6. 4. Was the Plaintiff, Tina Monaghan's negligence a factual cause of any harm to her? Yes No If you answer Question No. 4 "No," proceed to Question No. 6. If you answer Question No. 4 "Yes," proceed to Question No. 5 5. If you have found more than one party causally negligent, you must apportion the negligence amount those parties. Taking the combined negligence that was a factual cause of any harm to the Plaintiff, Tina Monaghan was 100 percent, what percentage of causal negligence was attributable to Defendant, Oberton, you have found causally negligent and what percentage was attributable to the Plaintiff? a. Percentage of causal negligence attributable to Plaintiff, Tina Monaghan (Answer only if you have answered "Yes" to Questions No. 3 and 4 for Plaintiff Monaghan) b. Percentage of causal negligence attributed to Defendant, Gilmond Oberton (Answer only if you have answered "Yes" to Questions No. 1 and 2 for Defendant, Gilmond Oberton) If you have found the Plaintiff's causal negligence to be greater than 50 percent, then the Plaintiff cannot recover and you should not answer Question No. 6. 6. State the amount of money damages, if any, you award to the Plaintiff, Tina Monaghan. Foreperson Date • JENNIFER SHOLLENBERGER, TINA/J -- V S --- GILMOND OBERTON In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2006-2858 Judge: EBERT Attorney:?YGU'/it ?? ?L/?(I'yu r Attorney: 9&h Date:- ??a f JUR ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 1 - 35 HENLEY, GINA 2 I NM MI m o MI NI II11 MAY02-132 NEUSBAUM, HEATHER L 4 IIIINIIMIMNIINNMINI MAY02-31 RIGGLEMAN (PETERS), MARY R 6 I NM MI III NI NI1111 NH MAY02-233 BISHOP, LUCINDA K - , RIC 8 ININIIIIIMII11M111MINI MAY02-330 MONN, JOHN C 9 IIMIMill MNIMMIMNI MAY02-189 GALLO, CHRISTOPHER D 10 IIINNIIIMIIMMIMIMNI MAY02-348 SHEARER, MADISON S 11 IIIIIMIIIMIINNIIINNNI MAY02-180 GOODYEAR, SCOTT P MAY02-264 , R! SSEIM 14 INIINNNMIINNIINIINII MAY02-148 MACK, GLORIA L 15 ININNNmmommNINI MAY02-337 FLASK, ROSE A 16 INIIMIIININIumn MAY02-82 HOLMAN, RANDY A 17 IIIIIIIIImNIIIINIMNI MAY02-266 RUSSELL, ROBERT L 18 wo"litow- MAYU2-286 ER, CRAIG o 20 IIIIINIININNIIIIIIMNI MAY02-107 DEMPSEY, MEGAN L 2 Lawwwommmr- MAT 02 1 22 IIIIIIIIIIIIIIIIIMIIININII MAY02-340 KRAMER, KATHRYN M ` JENNIFER SHOLLENBERGER, TINA/J --- V S -- GILMOND OBERTON In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2006-2858 Judge: EBERT Attorney: Attorney: Date: JUR ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D NII??INNNN MAY02-344 BO , 2 NN?INNNNIN?I?NNNN MAY02-309 POMEROY, LISA M 25 INS lINNNNNININN MAY02-13 SOBOTA, BRET T 26 INNumill MONN MAY02-17 BOOHER, BRIAN W 27 INNIIIIINNNNINNI INII MAY02-49 TOMLINSON, ANN SA M- 28 INNMNBNININNININNNN MAY02-288 ADAMS, KEITH o 29 INNIINNN?IiINN?INNN Y02-214 SMOKER, B DY L 30 INNRINNIN?I?NIINNN MA 2-147 AULA S 31 INNIIIINII?NNNI MAY02- 1 CHARLENE K . Y 32 ININININNINNNIN?NN? MAY02-206 INGMAANN, CLAYTON M 33 IIINIINimicalmoNN MAY02-28 ZA, LINDA E 34 INNIIINninniN en MAYO 303 TUR RONALD A 35 INNaINIIIINNIIIINII ium Y02-275 LOWER KATHLEEN J 36 INNnI?INNIMINNNINN MAY02-40 AUGER, SC T J 37 III?IININIIHII? NN MAY02-323 EVANS, THO S 38 39 40 41 42 43 44 Office of the Court Administrator CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square, Carlisle, PA 17013 Phone(717)240-6200 Toll Free 1-888-697-0371 x6200 Fax(717)240-6460 eMail - courtadmin@ccpa.net Civil Trials Beginning Monday, May 02, 2011 Guido, Edward E. Jury Trials Courtroom #3 10 Robin Gray v. Carlisle Regional Medical Center 2005-517 Civil Term RENEE KNICOS, JOSEPH A. RICCI, SCHAUN D. HENRY ESTIMATED LENGTH OF TRIAL: 2.5 Days Pick Monday at 9:30 and begin Tuesday Ebert, M. L. Jr. -V- Jury Trials Courtroom #2 12 Jennifer A. Sollenberger, Tina M. Monaghan & John J. Monaghan, her husband v. Gilmond Oberton 2006-2858 Civil Term GERARD C. KRAMER, JOHN A. LUCY ESTIMATED LENGTH OF TRIAL: 2 Days Pick Monday at 9:30 and begin Thursday, April 28, 2011 Page l of 1 JENNIFER A. SOLLENBERGER and TINA M. MONAGHAN, Plaintiff VS GILMOND OBERTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2858 ORDER OF COURT AND NOW, this 2nd day of May, 2011, upon consideration of the Defendant's motion in limine, the Plaintiff's response thereto, and after oral argument, it is hereby ORDERED AND DIRECTED that the motion in limine is granted. The sum claimed by the Carlisle Regional Medical Center for treatment related to the auto accident of 11/26/05 is deemed not to be owed by the Plaintiff. Additionally, the Plaintiff's out-of-pocket medical expenses and amounts paid by Health America Health Maintenance Organization are excluded from evidence in that these bills should have been paid under Plaintiff's auto policy with Safe Auto. By the Court, ?? I U X M.L. Ebert, Jr., J. Gerard C. Kramer, Esquire y -Xovls,L For the Plaintiffs a John A. Lucy, Esquire - 11 Cebu-) --' For the Defendant // ` P = r"m =9 " : ml c Z -t s ro fry t iAl ?-- : , V -v o ?C-) c :___ C I :? JENNIFER SOLLENBERGER, TINA MONAGHAN, & JOHN MONAGHAN : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 06-2858 - GILMOND OBERTON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PREACIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended with prejudice. Respectfully submitted, SCHMID,. KRAI Ej C BY Berard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 Sta Str et Harri urg, A 1710 (717 232-6 0 BY y t La 7thrie .Lucy, quire y I.D. . -3C5'i'tE rs, McDonnell, Hudock, 8v Skeel, LLP 100 Sterling Parkway, Ste. 306 Mechanicsburg, PA 17050 (717) 901-5916 Attorney for Defendant C C -n 3 rnF 3 ? rn z?v i"' -c -orrn C7 vs .t= ro o ? 0 r Yn = CD rn -n C Cn 20 -.