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Home My WebLink About02-5471STEPHEN M. REEVES and ANDRA REEVES, his wife, Plaintiffs Vo JANICE M. WONDERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. o2,- . qW CIVIL ACTION - LAW : 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 OR CANNOT AFFORD ONE) GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 {717) 249-3166 1-800-990-9018 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte {20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9018 STEPHEN M. REEVES and ANDRA REEVES, his wife, Plaintiffs Vo JANICE M. WONDERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Stephen M. Reeves and Andra Reeves, his wife, by and through their attorneys, SCHMIDT, RONCA 8; KRAMER, P.C., and respectfully set forth as follows: 1. The Plaintiff, Stephen Reeves and Andra Reeves, husband and wife, are adult individuals currently residing at 6 Argali Lane Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Janice M. Wonders, is an adult individual currently residing at 8 Mill Drive, Dillsburg, York County, Pennsylvania, 17019. 3. The facts and occurrences hereinafter stated took place on or about November 7, 2001, at approximately 5:15 p.m., at the intersection of Rossmoyne Road and Ramp J (an on ramp accessing Route 15), in Mechanicsburg, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, the Plaintiff, Stephen M. Reeves, was operating a motorcycle, travelling in the inside eastbound lane on Rossmoyne Road. Mr. Reeves had the green light to proceed straight through the intersection of Rossmoyne Road and Ramp J. 5. At the aforementioned time and place, the Defendant, Janice M. Wonders, was travelling westbound on Rossmoyne Road in the left turn lane, waiting to enter onto Ramp d to travel southbound on Route 15. 6. At the aforementioned time and place, the Defendant, danice M. Wonders failing to yield, attempted to execute a left turn as Mr. Reeves proceeded through the intersection. 7. Janice Wonders collided with Stephen Reeves on the left side of Mr. Reeves' body and motorcycle. 8. The collision caused substantial injuries to the Plaintiff, Stephen M. Reeves. 9. These injuries were caused solely by the Defendant, danice M. Wonders, and were in no way caused by or contributed to by the Plaintiff, Stephen M. Reeves. COUNT I _STEPHEN M. R~VES v. JANICE M. WONDE]~:: NEGLIGENCE 10. Paragraphs 1 through 9 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 1 1. The accident was caused solely by the negligence and carelessness of the Defendant and was in no way caused or contributed to by the Plaintiffs. 2 12. The negligence and carelessness of the Defendant consisted of.' a. Inattentiveness; Failing right of way to Plaintiff's motorcycle; Negligently attempting a left turn; Failing to observe the Plaintiff's motorcycle lawfully on the highway; go Failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; Operating her vehicle such as to create a dangerous situation for other vehicles lawfully on the roadway; and Violations of the Pennsylvania Motor Vehicle Code, for failing to yield the right of way before executing a left turn, which is negligence per se. 13. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Stephen M. Reeves, has suffered the following injuries: a. Closed head injury; bo Compression fracture of the third vertebra in the lumbar spine, with anterior displacement of an anterosuperior fracture fragment; Ct do eo Displaced fracture of the left transverse process of the third vertebra of the lumbar spine; Displaced fracture of the posterior spinous process of the second vertebra of the lumbar spine; Compound fracture of the right ischial tuberosity (the lower part of the pelvis), with adjacent hematoma; Possible untreatable fracture of the right testicle; Right ulnar fracture; 14. Stephen M. Reeves, has incurred the following medical expenses: a. Milton S. Hershey Medical Center b. HeathSouth Rehab Center c. Stephen Snoke, MD h. New onset atrial fibrillation with hypotension; i. Laceration and/or puncture wound in perirectal region; J. Rectal bleeding; k. Cervical sprain with tenderness upon palpation of three vertebrae of the cervical spine; 1. Ecchymosis of the penis and scrotum; m. Laceration of the scrotum; n. Laceration above the right eye; o. Calf muscle pa/n; P- Abdominal pain upon palpation; q. Pain and swelling of the right leg from knee to ankle r. Pain and swelling of the left wrist; s. Tenderness upon palpation of the lower back; t. Inability to urinate without catheterization and medicine; u. Multi-trauma; and v. Fracture of the left ankle. As a direct and proximate result of the accident, the Plaintiff, $ 57,875.46 $ 24,226.83 $ Not Available At The Time of Filing 4 d. Stephen Powers, MD $ 140.00 e. William Buetier, MD $ 822.00 f- Physicians of Rehabilitation (PRISM) $ Not Available At The Time of Filing 15. As a direct and proximate result of the accident, the Plaintiff, Stephen M. Reeves, will continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Stephen M. Reeves, 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. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Stephen M. Reeves, has undergone in the past and will continue to undergo in the future great pain and suffering, and thus, a claim for these losses is made. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Stephen M. Reeves, suffered a permanent diminution of his ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 19. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Stephen M. Reeves, suffered a permanent impairment of his earning capacity, and thus, a claim for these losses is made 5 20. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Stephen M. Reeves, has incurred wage loss in the average amount of $1802.49 per week since the date of the accident and will continue to incur additional future losses. WHEREFORE, the Plaintiff, Stephen M. Reeves, demands judgment against the Defendant, danice M. Wonders, in an amount in excess of the amount requiring compulsory arbitration, together with interests and costs. COUNT II ~NDRA REEVES v. JANICE M. WONDEI~:: ~LOSS OF CONSORTIUm,,' 21. Paragraphs 1 through 20 of Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 22. As a direct and proximate result of the Defendant, Janice M. Wonders' negligence, the Plaintiff, Andra Reeves, has been forced to incur the loss of society, companionship and services of her husband, Stephen M. Reeves. 23. The Plaintiff, Andra Reeves, will continue to incur the same losses in the future and, thus, a claim for these past and future losses is made. 6 WHEREFORE, the Plaintiff, Andra Reeves, demands judgment against the Defendant, Janice M. Wonders, in an amount in excess of the amount requiring compulsory arbitration, together with interests and costs. Respectf/~..~y submitted, SCHMI~T; RONCA/is ~ER, Charles E. Schmidt Attorney at Law Attorney I.D. No. 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL We, Stephen M. Reeves and Andra M. Reeves, verify that we are the Plaintiffs in the foregoing action and that the attached Complaint is based upon the information which has been gathered by our counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not ours. We have read the Complaint, and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, we have relied upon counsel in making this Verification. We 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. ANDRA REEVES r'~; ' _. John R. Ninosky, Esquire I.D. #78000 ~OLD~R~, EATZM~N& SHI~, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Wonders STEPHEN M. REEVES and ANDRA REEVES, his wife, Plaintiffs VS. JANICE M. WONDERS, Defendant : IN THE COURT OF COM/~ON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002-5471 CIVIL TERM : : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant, Janice M. Wonders, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: 88818.1 December 1~, 2002 JoSh R. Ninosky, ~squfre Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel/parties of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on /~//~ , 20~L: Charles E. Schmidt, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. Jo~n R. Ninosky, Esquire I.D. #: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 88820.1 SHERIFF'S RETURN - OUT OF COUNTY 'CASE NO: 2002-05471 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REEVES STEPHEN M ET AL VS WONDERS JANICE M 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: WONDERS JANICE M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 20th , 2002 , this office was in receipt of the attached return from YORK Sheriff,s Costs: Docketing Out of County Surcharge York County 18.00 9.00 10.00 55.04 .00 92.04 12/20/2002 Rf Thomas Klih'~ Sheriff of Cumberland County SCHMIDT RONCA KRAMER Sworn and subscribed to before me 1 PLAINTIFF/S/ c. ouN'rv Ol- ¥OP.K OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE I PROCESS RECEIPT and AFFIDAVIT OF RETURN Stephen M. Reeves et al 3 DEFENDANT/S/ SERVE {_ Janice M. Wonders SERVICE CALL (717) 771-9601 INS~TIONS PLEASE TYPE ONLY MNE1 THRU 12 DO NOT DETACH AJqY ~ 2 COURT NUMBER 02-5471 civil 4, TYPE OF WRIT OR COMPLAINT Notice & Complaint 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Janice M. Wonders 6. ADDRESS (STREET OR RFO W1TH BOX NUMBER, APT. NO., CITY, BORO, TWP, STATE AND ZIP CODE) AT 8 Mill Drive Dillsburg, PA 17019 7. INDICATE SERVICE: r~ PERSONAL O PERSON IN CHARGE .~DEPUTIZE O ~-..~-~[I ~ O 1ST CLASS MAIL C} POSTED r~ OTHER NOW Novembe~ 13 ,20 02 i, SHERiFFOFV~-~-0~lTY, PA. do hereby deputize the sheriff of to law. This deputiz~]~eJng made at the request and risk oCf~hUeN%i~%;.xecute~ii"~~~keo"~Fre~-~c°rding 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C~nberland OUI OF COUNIY ADVANCED FEE PAID BY SHERIFF CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sher~ levying upon or attaching any properly under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof, 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED CHARLES E. SCHMIDT 209 STATE ST. HARRISBURG, PA 17101 232-5300 11-12-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF SPACE ~OW FOR USE OF THE SY~RIFF - DO NOT WRITE ~OW THIS MNE 13. I acknowledge receipt ofthewrit or complaint as indicated above. 16. HOWSERVED: PERSONAL~ 14. DATE RECEIVED [ 15. Expiration/Hearing Date R. AHRENS 11-14-02 12-12-02 I RESIDENCE ~ POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOV~ 17. CI I hereby ceLt/fy and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below,) M~D TITLE OF INDIVIDUAL SERyED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. D~te of Service ~ 20. Time of Service 21-ATTEMPT/gJ.D.~e. IT~I--IMiles In~r[3'~telT~eTM~esJ Int. IDate Time Miles Int. IDate Time Miles Int. IDate Time M/es nt IDate Tree Miles Int.- 22. REMARKS: J 24. Service Costs 25. N/F J 26. Mileage 27. Postage 28. Sub Total 75.00 18.00 35.04 34. Foreign County Costs J 41. AFFIRME~d subscribed 'o befo.re(~ this 9 42. day of ~ ,20__ 43. ~ NOTAF~IAL · - SEAl. I MELISSA j. $y~At=FER, N~.~,.~~ ..,t_~:c ork, Yo C 53.04 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs ; ~ .-SO ANSWERS 44. Signature of i...~/[ '~ep. Sheriff .~'~ ~Signature of York ~ WILLIAM M. HOSE 48. Signature of Foreign County Shedff IATURE 29. Pound 30 NotaP/ 31. Surchg. 32. Tot Costs 33. Casts Due~./Rstund~d~heck N~ 2.00 55.0419.96'-~ 40. Costs Due or Refund 47. DATE - 12-9-02 49. DATE - 51. DATE RECEIVED John R. Ninosky, Esquire I.D. #78000 ~OLDB~.~R~, KATZ~& SHIPMAn, P.C. 320 Market Street P.O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Wonders STEPHEN M. REEVES and ANDRA REEVES, his wife, Plaintiffs VS. JANICE M. WONDERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002-5471 CIVIL TERM : : JURY TRIAL DEMANDED NOTICE TO THE PLAINTIFFS: You are hereby notified to plead to tile enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. . Nl~osky, Esquire Attorney I.D. 78000 P.O. Box 1268. Harrisburg, PA 17108-1268 (717) 234-41161 Attorneys for Defendant DATE: ,//~A~ 89495.1 John R. Ninosky, Esquire I.D. #78000 ~OLDBER~, KATZMAN& SHZPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Wonders STEPHEN M. REEVES and ANDRA REEVES, his wife, Plaintiffs vs. JANICE M. WONDERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002-5471 CIVIL TERM : : JURY TRIAL DEMANDED A~SWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Janice M. Wonders, by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer With New Matter by respectfully, stating the following: 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 1 and the same are therefore denied. 2. Admitted. 3. Admitted. 4. Denied. The averments contained in Paragraph 4 are conclusions of law and fact to which no response is required. 5. Admitted. 6. Denied. The averments contained in Paragraph 6 are conclusions of law and fact to which no response is required. Denied pursuant to Pa. R.C.P. 1029(e). Denied pursuant to Pa. R.C.P. 1029(e). Denied pursuant to Pa. R.C.P. 1029(e). COUNT I Stephen M. Reeves v. Janice ~[. Wonders 10. The answers to paragraphs 1 though 9 above are answered as though fully set forth herein at length.. 11. Denied pursuant to Pa. R.C.P. 1029(e). 12. The allegations of Paragraph 12, including subparagraphs (a) through (g) are denied pursuant to Pa. R.C.P. 1029(e). 13. The allegations of Paragraph 13, including subparagraphs (a) through (v) are denied pursuant to Pa. R.C.P. 1029(e). 14. The allegations of Paragraph 14, including subparagraphs (a) through (f) are denied pursuant to Pa. R.C.P. 1029 (e) . 15. 16. 17. 18. Denied pursuant to Pa. R.C.P. 1029(e). Denied pursuant to Pa. R.C.P. 1029(e). Denied pursuant to Pa. R.C.P. 1029(e). Denied pursuant to Pa. R.C.P. 1029(e). 2 19. Denied pursuant to Pa. R.C.P. 1029(e). 20. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Defendant, Janice M. Wonders, respectfully requests that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in her favor. ~OUNT II Andra Reeves v. Janice M. Wonders Loss of Consortium 21. The answers to paragraphs 1 though 20 above are answered as though fully set forth herein at length. 22. Denied pursuant to Pa. R.C.P. 1029(e). 23. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Defendant, Janice M. Wonders, respectfully requests that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in her favor. NEW MATTER 24. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 25. That if it should be found that there was any negligence on the part of the Defendant, whJ~ch negligence is expressly denied, any such negligence was not a proximate cause of the damages allegedly suffered by the Plaintiffs. 26. The Plaintiff, Stephen M. Reeves, may have assumed the risk on his injuries. 27. That if the Plaintiffs suffered the injuries alleged in their Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiff, Stephen M. Reeves, and to recover in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 28. Plaintiffs' ability to recover and claim medical expenses is limited and/or barred by the Pennsylvania Supreme Court Decision of Moorhead v. Crozer Chester Medical Center, 564 Pa. 156, 765 A.2d 786 (2001). WHEREFORE, the Defendant, Janice M. Wonders, respectfully requests that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in her favor. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Jo~n ~.v Nino~k~,- -EsqUire Attorney I.D. 78000 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendant VERIFICATION I, Janice M. Wonders, am the Defendant in.this matter, and I hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. 'Ja.~ce M, Wonders /~. Date: 88650.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel/parties of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on ~ /~) , 2003: Charles E. Schmidt, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiffs 88820.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. __ · y, E~q~ire I.D. #: 78000 P.O. Box 1268 Harrisburg,. PA 17108-1268 Attorneys :for Defendant STEPHEN M. REEVES and ANDRA REEVES, his wife, Plaintiffs Vo JANICE M. WONDERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · ' o ·CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT AND NOW, come the Plaintiffs, Stephen M. Reeves and Andra Reeves, his wife, by their attorneys, SCHMIDT, RONCA & KRAMER, P.C., who respectfully set forth as follows: 24. Paragraph 24 contains a conclusion of law to which no response is required. 25. Paragraph 25 contains a conclusion of ].aw to which no response is required. 26. Denied. It is expressly denied that any risk was assumed by Plaintiff, Stephen M. Reeves, for reasons more specifically set forth in Plaintiffs' Complaint. 27. Denied. It is specifically denied that Plaintiff, Stephen M. Reeves, was comparatively at fault, for reasons more specifically set forth in Plaintiffs' Complaint. 28. Denied. It is specifically denied that Moorhead v. Crozer Chester Medical Center, 564 Pa. 156, 765 A.2d 786 (2001) applies to this case. WHEREFORE, Plaintiffs demand judgment in accordance with the prayer for relief contained in the Complaint filed in this action. Respectfully ~ubmitted, SCHMIDT, I~ON/~ ~KRAI~ , ¢, Charles E. ochmldt, Jr. Attorney I.D. ~ 19198 209 State Street Harrisburg, PA 17101 717-232-6300 Attorneys for Plaintiff ~R, P.C. ;squire 2 ..VERIFICATION I, Charles E. Schmidt, Jr., attorney for Plaintiffs, verify that I am attorney of record for the Plaintiffs, and that the foregoing document contains no facts within the knowledge of the Plaintiffs, but rather, is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on Plaintiffs' 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. SCHMI , ~O'NC lk ER, P.C. Charles E. Schmidt, IJr. 209 State Street Harrisburg, PA 17101 Attorney I.D. #19198 (717) 232-6300 Attorney for Plaintiffs CERTIFICATE OF SERVICe. AND NOW, this 6th day of February, 2003, I, Kimberly S. DeFalco, Legal Assistant, hereby certify that I have, this day, served a copy of the foregoing by serving a copy of the same in the United States rnail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Respectfully submitted, SCHMIDT~ RONCA & KRAMER, P.C. Kimberl~[ ~']DeFalco Legal As,~isYant 209 State Street Harrisburg, PA 17101 (717) 232-6300 STEPHEN M. REEVES and ANDRA REEVES, his wife, PENNSYLVANIA Plaintiffs JANICE M. WONDERS, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, NO. 02-5471 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICR AND NOW, this 5th day of March, 2003, I, Shawn T. Peterson, hereby certify that I have, this day, served a true and correct copy of the foregoing Plaintiffs' Request for Production of Documents Addressed to Defendant by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Respectfully submitted, SCHMIDT, RONCA & KRAMER P.C. 209 State Street Harrisburg, PA 17101 (717) 232-6300 STEPHEN M. REEVES and ANDRA REEVES, his wife, PENNSYLVANIA Plaintiffs Vo JANICE M. WONDERS, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, NO. 02-5471 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 5th day of March, 2003, I, Shawn T. Peterson, hereby certify that I have, this day, served a true and correct copy of the foregoing Plaintiffs' Interrogatories Addressed to Defendant by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Ninosky, Esquire Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Respectfully submitted, SCHMIDT, RONCA & KRAMER P.C. Peterson 209 State Street Harrisburg, PA 17101 (717) 232-6300 STEPHEN M. REEVES and ANDRA REEVES, his wife, Plaintiffs Vo JANICE M. WONDERS, Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5471 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAEcIPE TO SETTLE DISCONTINUE AND END PLEASE mark the above-captioned action settled, discontinued and ended, with prejudice. DATE: Respectfully submitted, SCHMID~ONCA & KRAMER~ By: ~-' Charles ~. Schr~dt, J-j-~r. I.D.# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs