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Home My WebLink About97-00384 (' ~ \~ ~ '4 ~. u l <t qL U ...... . ~ .';) - ~ \ I ! ! I I i ~ '1 't! " ~ () ~ >- 0.. ' :1 ~ , ,~I , I j "- " \ J / "A"'" I THOMAS, THOMAS & HAFER. I.LP Joffrey B RO"lg, E squl! 0 1 IdonllricatlOn Number 19G1 305 North Front Streel f.' 0 Box 999 Hllrrlshurq, PA 171b8.0999 7171255.711~9 I ^"nrnI!Y~ 10/ D~r~ndanl -* '-.------. ._--_.~ IN THE COURl OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL DIVISION LAW ' < .. ..oj L, -..--_---.;.:-l'" - -.. RICHARD r: MOWERS, PlaintIff L!:E!: CRAJ;R and SNO IE'S EXCAVATING & PAVING, I~C NU 97.384 DEFENDANT'S PRE'TRIAL MEMORANDUM STATEMENT OF FACTS II The statement 01 facts set forth "' PliJlnt,ff's Memorandum IS factually accurate, STATEMtNT OF LEGAL THEORY Dp.fendanl admits neOllqencc, III. STATEMENT OF DAMAGES I I j Please see Plaintiff's Pre,Trlal Memorandum t IV. STIPUIA TIONS I ;, :' None I , :1 ! : V, LIST OF EXHIBITS : 1:1 , ' 0 PI;lInllff's employment records 1 i I', I I , ; tJ Plalnllffs medical records. I' , ! r' VI. LIST OF WITNESSES I' I' I: 'I I , ' ! 'i ~ - t William WSlker./vocatiOnSI p.xpcrt II : II I'i ',' , I I: I , "~'Ol , .',!'" , .' " ~, I' ,;11 ,III J!_~ j ; '1'~)lll :l;Jl.-L'I.f ':~' 11 -, ~ 'I VIII. ESTIMATED rENGTH OF TRIAL Two dOys. I Rp.spectflllly slibmlllp.o \ THOMAS. THOMAS & HAFER. LLP U; :., ,./ /'" I/.. . . I J;' J~ ')' -' ".- Ry '. .~ . .." ,{ . is.i. d .' , y B;t;,r,," E'""~ I' ,I /,.. ,/ , I " "1\ :11: IC".1.1 ,"11"1;'1' : I . ' r ~l' ,,' , j Il~ II I, .; III ~-1I U :l'~ t~1.J . :.;"1 :1"11 ,:,,:. 11-11"1 ,I I ;"'_e,";" 'r'~..,< CERTIFICATE OF SERVICE ~ I, JllffrllY 8. Rllttig, [sqUire, hereby certify thai I havp ~prvpd a true and COrTect Cop~ of thll , foregOing document on thll following per50n "lfp..lp" In hl~ nff,cP ilddres~i as follows' THOMAS, THOMAS & HAFE.R, LLP /1' / .'j/ I J . (I'" /,1,: I.- 8y l;1I/>rp-:.:-l," (,; 1, y 0, utlig, Esqulrf! , j 'I' , 'i- I' 1'1" I' ',I, I 1'11'1, 'I.,','" './1" : i'1,", ' . t !. it. Ij! j '1 ;.. ' . i ~ ~ I i ~,i , i I J, 'I ;,i I' I"" I': :' II ! ; ~l .' I I' "I I ' 1'1 : 1 '1 . ,I, r .' I' ' ':'1 I' !'. , ;1;1 1:.1 ,. II! I , I ' I' I..." ~ I I "1 I ~ J - ~ 1: I 1 '.! t',. . I. ',' jl,.,',' ,.,. f '.. I I j: 111, , !' I! VlU Fuc,,,nile 349.2982 RICl1iJIll L b,,~IIlIl..n, Esqlllre 16767 P,llh Villley Road P C Box 5 t Spnng Rlln PA '7262.?051 t'l 4UfJ4~ , I', , , , , , I . . :11. i"!', ',. '111 I. ,flil'llll .- -- , I I , I " I , ~ , ! . Ii, , I ". I ,I I ; "I;, , i;' ;, i ;.; .! I... ,. .,. " I. I " I ~,d , . :.:' ~ I . Ii '! " i, .1 ';'. , , , j , rq"1I1l :I~.L~J -- ~--.("".,.... . , ",' :01 ~=~" It-I/'I I ~.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACfION - LAW rf'J-3gl/ tWJ~}~ NO. CIVIL 1997 RICHARD E. MOWERS I Plaintiff LEE E, CRl\MER, Defendant, and SNOKE'S EXCAVATING & PAVING, INC., Defendant JURY TRIAL IS DEMANDED NonCE 10 DEFEND AND aAIM RIGHIS 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 ajudgment 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 SHOUID TAKE TIllS PAPER 10 YOUR IA \WER AT ONCE. IF YOU 00 Nor HAVE A IA \WER OR CAN- Nor AFFORD ONE GO 10 OR lElEPHONE 1HE OFFICE SEf FOKIH BELOW 10 F1ND our WHERE YOU CAN GEf lEGAL IJEU>>. CUMBERLAND COUNTY COURT ADMINISTRATOR Fourth Floor Currberland County Court House 1 Court House Square Carlisle, PA 17013 TELEPHONE: [717] 240-6200 , . AVERMENTS REGARDING COLLISION 4. At all times material hereto, the Defendant, Lee E, cramer, was operating a 1984 Mack Tractor, hauling a trailer, for and on behalf of and as the agent, servant, and enployee acting within the course and scope of his enployment for the Defendant, Snoke's Excavating & Paving, Inc, 5. on February 17, 1995, at approximately 7:30 A.M., the Plaintiff was operating a 1985 Diamond Reo Roll Off Truck, for and on behalf of and as the agent, servant, and enployee acting within the course and scope of his enployment for R. A. Bender, Inc., 10154 CUmberland Highway, Scotland, with a mailing address of P.O. Box 399, Scotland, PA 17254. 6. At the above referenced time the Plaintiff was traveling westbound on State Route [hereinafter "SR"] 174, Walnut Bottan Road, in Southarrpton Township, Cumberland County, Pennsylvania, and was approximately 3 miles east of the Borough of Shippensburg. 7. At the above referenced time and place a 1984 Mack Tractor Trailer, which was hauling a bulldozer, and operated by Defendant, Lee E. cramer, and owned by Defendant, Snoke's Excavat- ing & Paving, Inc., was traveling in an easterly direction [oppO- site to that of Plaintiff] on SR 174 approximately 3 miles east of the Borough of Shippensburg. 8 . At the above referenced time and place the 1984 Mack Tractor Trailer was rounding a curve when the bulldozer loaded upon same rolled off the trailer and fell into the path of Plaintiffls vehicle. 9. Plaintiff, confronted with an unforeseen and unforesee- able sudden emergency was unable to avoid a collision with the bulldozer, 10, The impact caused severe and serious injuries to the Plaintiff. 11. The lnJuries were sustained by Plaintiff while an occu- pant of a rotor vehicle other than a private passenger rrotor vehicle, 12, The aOOve-described collision was caused by or was the direct result of the negligence, carelessness, and/or recklessness of the Defendant Lee E. Cramer, on behalf of himself and as an agent, seIVant, enployee and/or representative of the Defendant, Snoke I s Excavating & Paving, Inc., as is rore fully set forth herein, all of whc:m are jointly and severally liable to the Plaintiff. COUNT I 13. Paragraphs 1 through 12 are incorporated herein by reference thereto as if the same were set forth fully at length herein. 14. The above-described collision was the direct and proxi- mate result of the negligence of Defendant Lee E. Cramer, acting in the course and scope of his enployment, as the agent, seIVant, employee and/or statutory enployee for Defendant Snoke I s Excavat- ing & Paving, Inc., generally, and in the following particulars: (a) In failing to properly secure the load (bulldozer) to the trailer; (b) In failing to have the tractor trailer under suit- able and proper control; (c) In operating the tractor trailer at a high, dan- gerous, and reckless speed under the circumstances; (d) In violation of various statues, munici~l ordi- nances, and federal and state regulations pertainlng to the operation of rotor vehicles on public thoroughfares in the Comronwealth of Pennsylvania under the circumstances then and there existing; and " (e) In being otherwise careless, reckless, and negli- gent under the circumstances then and there existing. 15. As a result of the above referenced collision, Plain- tiff sustained multiple serious bodily injuries, which injuries have caused Plaintiff severe pain and suffering, and shall contin- ue to cause Plaintiff pain and suffering in the future. 16. As a result of the above referenced collision Plaintiff has: (a) Suffered serious and permanent injury; (b) Suffered permanent serious disfigurement; (c) Required medical services, the reasonable value of greatly exceeds thus far $11,000.00; (d) Been prevented frcm performing all or substantially all of his usual and custcmary daily activities for a period in excess of sixty (60) consecutive days; and (e) Sustained injuries which have caused permanent, irreparable injury. 17. Defendant, Lee E. Cramer was negligent in the perfor- mance of his duties as a driver of the 1984 Mack Tractor Trailer and his negligence included, but is not limited to the following specific conduct: (a) Defendant Lee E. Cramer failed to properly secure the bulldozer onto the trailer; and (b) Defendant Lee E. Cramer failed to properly inspect the load he was hauling to ascertain whether or not it was secured properly; and (c) Defendant Lee E. Cramer failed to properly and safely operate said tractor trailer with load as to safely pass on the roadway; and (d) SUch other acts of negligence, carelessness and recklessness as ll'aY be determined through the process of discovery and/or at trial. , " ~FORE, Plaintiff prays for relief against Defendant Lee E, Cramer and Defendant Snoke's Excavating & Paving, Inc., sever- ally and or jointly for compensatory damages in excess of $25,000 plus interest, court costs, damages, and any other relief which this Honorable Court deems just. Said arrount exceeds the juris- dictional arrount for arbitration under local rules. COUNT II - NEGLIGENCE 23. Paragraphs 1 through 22 are incorporated herein by reference thereto as if the same were set forth fully at length herein. 24 . The injuries and damages sustained by the Plaintiff were the direct and proximate result of the negligence identified above general, as further set forth in the following particulars: (a) In that Defendant, Snoke's Excavatin~ & Paving, Inc., failed to use reasonable care in the hir1ng and train- ing of Defendant Lee E, Cramer and his abilities to properly and safely operate the tractor trailer in question; and (b) In that Defendant, Snoke'S Excavating & Paving, Inc., failed to use reasonable care in the supervision of Defendant Lee E, Cramer to load and/or operate the tractor trailer in question. 25. As a result of the negligence of the Defendants as described above, the Plaintiff sustained the following injuries, all of which are severe and the effects of which may be permanent in nature: (a) three broken ribs; and (b) shattered left ankle with resulting arthritis; and (c) multiple cuts; and (d) Severe bruises, contusions, and abrasions on his body, including his face and head areas. 26. As a further result of the conduct of the Defendants as described above, Plaintiff was forced to endure and did endure great pain, suffering, and inconvenience, sare of which may continue into the future and be permanent in nature. 27, Plaintiff has been forced to subnit to medical, medici- nal, and therapeutic treatments and surgeries, and may be forced to subnit to the same in the future. 28. As a result of the injuries Plaintiff has been or will be obliged to receive and undergo medical attention and care, to expend various SlUllS of rroney and/or incur various expenses for the injuries which he has suffered. WHEREFORE, Plaintiff prays for relief against Defendant Lee E. Cramer and Defendant Snoke I s Excavating & Paving, Inc., sever- ally and or jointly, for coopensatory damages in excess of $25,000 plus interest, court costs, damages, and any other relief which this Honorable Court deems just. Said amount exceeds the juris- dictional amount for arbitration under local rules. COUNT III - PUNITIVE DAMAGES 29. Paragraphs 1 through 28 are incorporated herein by reference thereto as if the same were set forth fully at length herein. 30. Defendant Snoke's Excavating & Paving, Inc. did not have adequate and systematic programs and procedures in place to insure that all equiprent loaded upon tractor-trailers was properly secured such that same were designed to insure the safe operation of their vehicles by drivers in their employ. 31. Defendant, Snoke's Excavating & Paving, Inc., did not adequately train or supervise employees with respect to verifica-tion that all equiprent loaded upon tractor-trailers was properly secured. ~ r I r , I I , VERIFICATION I, Richard E. Mowers, verify that the averments contained in the attached CCXTplaint of which I have personal knowledge are true and correct, and those averments based on infonnation received fran others I believe to be true and correct. I understand that false staterrents herein are made subject to the penalties of the 18 Pa.C.S. section 4904 relative to unsworn falsification to authori- ties. Executed on January 17, 1997 Ri~ !er(1~ , ,. , ~~ ~ 0 "'::J ~ ~ ( _J n ':\. ~ ~. , .,1 , ' ~' : ; . IS B , . - ~'J ~ ~ (: N , ~ 1 Ll ,'0 -.J ~\ ~ . . , ~ (') .~., t- ~ , ;:\ ~ -... 1.'- " d.) .,...... i....) :jlll "'<\ . ,,' " :.~ - ..J :'::1 -.. t" f. 1- 1""- I "'Uti C- I -.-,-.--' " ,.::........ l __,'U"_" .... , . - . ~. I.:-;J .._, ",., -," ' " '-'; " - l'''VI'I-- _, ....w..._.:;.:;.._aa- __ 011,1'::. a.wl -'I~:: Ri~hard E. Mowers -:"-5. Lee E. Cramer ~c. 97-384 Civi 1 :=- Term ----. :-iow, Jan. 24. 1997 .....----- ...-.. -,.... ..---- 0: C~Gz:::..!.}_'t~ cot~':Yt ?~ c:J :9_ !. . . . . . - .- .. :.==-..:::y c.:::-..:= == ::::.:--= c: Franklin C-=-":t ."" ..-_0.. -=': "!~. ... .0 ooJ _..__ 'T..., ::::: .:_..-.;_ '-..:_.. --~- 1:. .:... -.- -:"---" ...~ - - .-~_. . .. .. :::'. :-.:.:::. ct :1,,:_::. :.:: //~..'.;.;'~~ ' l:'"..._.a ...I ,......;,...=' -d r ...-.. ~.. ____ w. ___ ""'-01. .- _~d2..rit Or Se;;. ~== :-iow, JANUARY 28, :~ 91 11:24 O"'-'~ AN --- ',t. 1:-.-:-:' . . " := W'1= COMPLAINT AND NOTICE '~;:<:11 LEE E. CRAMER .. 831 CRESENT DRIVE, SHIPPENSBURG, PA 17257 ''::',1 :.:.:.,.::_! :.0 LEE E. CRAMER ~ TRUE AND ATTESTED ,_~: ci = ::'_' -I COMPLAINT AND NOTICE :::c --~. i:::.---W::::l LEE E. CRAMER .....-..-- ....----- , . .....-. ----- :.::.: So :I.:..-....~_ DEPUTY <~-'= c/ FRANKLIN C==:r. ::. 3~::. :.:c =::.:-=== z=:: c:c~ ~:l ::.:..~v'!C:::: lrc:!2.'.CZ ....:::~.....v7i S 18.00 5.60 4.00 .. - S 27.60 =:=_=:~f 10 ..- f_ .--" " SHERIFF'S OFFICE 157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261.3877 --- ~-~- SHERIFF SERVICE 1 ;;S~;~~;IONS FOR SERVICE OF PROCES~~~I;;BO ';'-Q(P;;;'~- PROCESS RECEIPT, and AFFIDAVIT OF RETURN !~glb~, 00 nol dOlachanycoploB, 1. PLAINTIFFI SI 2, COURT NUMBER RICHARD E. MOWERS 97-384 3, DEFENDANTI SI -------~--,--~----,-----,--, 4~jyp-E OFWRIT OR COMPLAINT:---w LEE E. CRAMER COMPLAINT AND NOTICE -_._-----_.__.~----""-_.~------_._---_._.._-_.- .-- { 5 NAME OF INDIVIOUAL, COMPANY, CORPORATION, ETC , TO SERVICE on DESCRIPTION OF PROPERTY TO SE LEVIED, ATIACtlEO OR SOlO LEE E. CRAMER 6 AODRESS (Slroel 01 RFD, Apanmenl No, Clly, BOlO, Twp, Slale nOd ZIP CodO)--' -AJ____~ 831 CRESENT DRIVE. SHI~X~NSBURG. PA 17257 7, INDICATE UNUSUAL SERVICE: 0 COMMON OF PA, [J DEPUTIZE 0 OTHER Now,_____:::..____~__ 19 _, , I, SHERIFF OF FRANKLIN COUNTY, PA,. do hereby deputize the Sheriff of--------~ ,_ Counly 10 execule Ihls Wril and make relurn the reef according to law, This depulatlon being mada allhe requesl and risk of Ihe plaintiff, __,~,_____,_,__, 51t(HI"OrffU.NIl.lINOlLl'.tIV 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATIOiffHAT-WILL-ASSISTfNEXPEOITINGSERVICE:-- ---,-, -, - --~- u__~__~_..____ - - SERVE . NOTE ONLY AP-PLICABLE ON WRIT OF EXECUTION: N,B, WAIVER OF WATCHMAN - Any deputy shell" levying upon 01 aUaching any property under withIn wnt may leave same without a walchman. in custody 01 whomevor is lound in possossion. allor notifying person of levy or attachmont. without liability on the Dart of such dOQ!!.~or the shonlf to any p-Ialnllff herOin fO-La.!!)'J~~~L~~lli!~tlon _Ol}~rrroy"aLQ!Jl!'y 5U~_.t1..PlOPOrty beloro shenlf'! sale thereof. ___ 9, SIGNATURE 01 ATTORNEY or olhel ORIGINATOR ['0 TELEPHONE NUMBER FDATE Cumberland County Sheriff _l__ 12, SENO NOTICE OF SERVICE COPY TO NAME AND ADORESS BELOW: (Thf. aifeo-multbe comjiioled 11 nollooll to be mallodj-'-- - - - R. Thomas Kline. 1 Courthouse Square. Carlisle. PA 17013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE ~ ~~~~~;~~f:..r~;~~,~~'~~~~' t_,~K~E~IS~ar Clark_And TlIIO_ .~,.~;;l:~_~~cd___ l\~;~A~~n;e~,:g d;J~ 16. I herobV CERTIFY and RETURN that IlJ havo~nally served. [1 have legal evidence 01 service as shown in "Remarks", U havo executed as shown in "Remarks", tho writ or complainl deSCribed on Ihe indiVidual. company, corporation. Olc., at lho address shown above or on lhe indiVidual, company, corporation. el~~~~-'.!'~_~~~re~J.~~~!1_e~~~~~_ ~,,--~~"n~l~g_~'!!I_~~_~_~_A...T]'_~~:!~.~c:O~V the~~of _ _ ___ ___, _ __ ____.______ ___~____.m t7. 0 I hereby corlllV and roturn a NOT FOUND because I am unable 10 localo Iho individual. company. corporalion. olc", named above, (Soe remarks below) 18, Name {::II1~~ii~~~~:~S.IV.d('lrlot shownabovO) __n m,. -'-mdT19~~~(I:~"~":;"~~~~:'~~~-- 20. Address 01 where sorved (complele only if dtliorcnilhiinshown-abovc)(Stroet or-RFD,"ApartmenINo.,- - -- ~- 21,-Dai;ol-So~o 22. Time AM Clly, Bora, Twp. Slale and Zip Code) ~~T Same aa number 6. 1-28-97 11: 24AM EDSf "'~1':';8[~~~";'~~[''''l ",UI""'. "'T"'I"'""'r~1 ",~OB:~~nl' L~L:JDeP:ln~~ 24. Advance Cosls 25. Service Costs 26. Nolary Cart 27. Mileage or Postage 28. Total cos~-I 29. COST DUE OR REFUND 18.00 4.00 5.60 27.60-..--J 22.40 Refund 30, REMARKS: - , _uuu_______ --- - _"u 3~" AFFIRMED and SUbSCII:~~Obe;:;~mo Ih'; '~;ath=~_-= 32 ~::,:,~,- :~~fit~----f'~:' -=~.:: _-~ d of _J1\Hu:;gw_ __ ________1~9L _m , ~"'" ......"'--~_O!lAL.IJ__~~. ,__~~ _ _ _,~u_ ____ ---L-.28~.9L__ . - 3~ SIQIl.lhllll 01 SM"" J6 Ualft 3L,_ ,_ ,~_ ___,_,,~ _ _, _, ~ _ u, ~ ___ _ .",....W'II.' ltopoly'.....'y l\.t...., SHERIFF OF FRANKLIN COUNTY -- - - - - - - MY COMMISSION EXPIR 3B:TACKNOWLEDGE"R-E EIPT OF THeW~URNSIG TURE-} , _OF AlJTH9R}Z~D ISSI!'JPt'l1t\~~mlilllETridry Public Charnberaburg, Franklin County M Commission Ex reB Nov, 4, 2000 1. ISSUING AU1HORIIY -, :l<i' lJ~lf';~~~~----_ -~.Il.... , f ,i i i ,i -,.0 - ("') .D (') r' _..I \'I ,.., " , ;--.) , , ...\ , .. " . " , , ;-1 ..' , () , ., ~.;-I ..\} , :~';~ I ~ I ~: I '.<' ,. .. j ~, J ., \ P --.: " THOMAS, THOMAS" HAFER IY: J,ffrey B. Rlrr/g, E,quire IDINTIFICATIOIlNO.: 19616 J05 Nonh Front 5".., P.O. ...U H~'A ",,,,OU, 171112U.71JJ Attorn.y, for Defend.nt Snoke', Exclv.ring RICHARD E. MOWERS, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO" PENNSYLVANIA CIVIL ACTION LEE E, CRAMER, and SNOKE'S EXCAVATING & PAVING, INC., Defendants. NO. 97-384 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned counsel on behalf of the Defendant, Lee E. Cramer, in the above-captioned action. Respectfully submitted, THOMAS. THOMAS & HAFER DATE: October 14, 1997 e Attorneys for Defendant Snoke's Excavating CERTIFICATE OF SERVICE I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing Entry of Appearance, on the following person(s) by placing same in the United States mail, postage prepaid, on the 15th day of October, 1997: Richard L. Bushman, Esquire 16767 Path Valley Road PO Box 51 Spring Run, PA 17262-0051 THOMAS, THOMAS & HAFER By: / n '-~ ('~) " -I ',. '-, . .,,, :') -r, , -I , 'I ,'':1 ,':-) c. .' "" " ~ :--. ".ij ;, , ,.11 .' I r- :....! In . THOMAS, THOMAS .. HAFER, UP Jeffrey B. Rellls. Eoqulre I,D. Numben 19616 305 North Front St....t P.O, Box 999 HMrisbufJ, PA 17108-0999 (7m 255-7639 Attorney for DefenlUnlJ RICHARD E, MOWERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO, 97-384 LEE E. CRAMER, and SNOKE'S EXCAVATING & PAVING,INC., Defendants DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes the Defendants, by their attomeys, Thomas, Thomas & Hafer, LLP, and answers Plaintiffs Complaint as follows: 1-3, Admitted, 4-8, Admitted 9, Denied as a conclusion of law, 10, Denied, After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof Is demanded, 11. Admitted, 12, Denied pursuant to Pa,R.C,P, 1029 COUNT I 13, The answers to Paragraphs 1 through 12 above are incorporated herein by reference thereto, 14. Denied pursuant to Pa.R.C,P, 1029 15-16, Denied, After their investigation; Defendants are without knowledge or Infonnatlon sufficient to form a belief as to the truth of these allegations and proof thereof Is demanded, 17-21. With respect to the allegations regarding Defendants' negligence, these allegations are denied pursuant to Pa.R.C,P, 1029, As to the balance of the allegations of these paragraphs, after reasonable Investigation, Defendants are without knowledge or Information sufficient to form a belief as to the truth of these allegations and proof thereof Is demanded, 22, This allegation represents a conclusion of law to which no reply is required, WHEREFORE. Answering Defendants request that Count I of Plaintiffs Complaint be dismissed, COUNT II 23, The answers to paragraphs 1 through 22 above are Incorporated herein by reference thereto, 24, Denied pursuant to Pa,R.C,P, 1029 25, The allegations of negligence are denied pursuant to Pa.R.C,P, 1029, As to the balance of the allegations of these paragraphs, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this allegation and proof thereof is demanded, 26, Denied. As to the balance of the allegation, after reasonable Investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this allegation and proof thereof Is demanded, 27, Denied, As to the balance of the allegations, after reasonable Investigation. Defendants are without knowledge or information sufficient to form a belief as to the truth of this allegation and proof thereof Is demanded, 28, Denied, As to the balance of the allegations. after reasonable Investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded, WHEREFORE, Answering Defendants request that Count II of Plaintiffs Complaint be dismissed without cost to them, COUNT III . PUNITIVE DAMAGES 29, The answers to paragraphs 1 through 28 above are incorporated herein by reference thereto, 30-31, These allegations are denied as conclusions of law. 32, The allegation is denied as a conclusion of law, WHEREFORE, Answering Defendants request that Count II of Plaintiffs Complaint be dismissed without cost to them, NEW MATTER 33, Plaintiffs claims are subject to the Provision of the Financial Responsibility Act, the limitations of which are incorporated herein reference thereto. 34, Plaintiff has or may have failed to mitigate his damages. 35, Plaintiffs claim for punitive damages fall to state a claim upon which relief may be granted, THOMAS, THOMAS & HAFER, LLP rey B. Rettig, Esqui ,Number: 19616 305 North Front Street P.O, Box 999 Harrisburg, PA 17101 (717) 255-7639 Dated: ~ flfl ii r5",,,,,,<,,,,e)~~ J' )Ai~;~ii:~~:~~,' ,,""'f" "'~';'?~" j<;r',' :!ii1I'~' ~~,;.'" , . ;:' ,~" ill 'c '0" " ,r~.u " .... . i'".;}:' '.'. ' '. 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',' .. ' .:;, :>:'::,"':':~' ..',,'::.":" ...." ,7.""'C'''''ri'' ......7-<'::'.', ," "!p:r~J:: }. ,., , . .,/,y ':~ '-.' 'I ',-, I J : ) .;. , ,. '\) I;. 11_1 ; : ~ i " ;.l J ',;, ~1 :.:-J '0. I , .' Rlchlrd L, BUlhmln, Elqulre AttornlY for Plllntlff 18787 Pith Vllley ROld p,O, Box 51 Spring Run, PA 17282.0051 TEL: (717) 349.7857 FAX: (717) 349-2982 , ,~ IN THE COURT OF COMMON PLEAS CUMBERI.AND CO, PENNSYLVANIA RICHARD E, MOWERS Plaintiff CIVIL ACTION - LAW v. No: 97-384 CIVIL TERM LEE E. CRAMER, and SNOKE'S EXCAVATING & PAVING,INC. Defendants NOTICE OF VIDEOTAPE DEPOSITION Please take notice that the plaintiff will take the oral deposition of paul J. Juliano, M.D" at his office located at Room C-3804, Department of orthopaedics and Rehabilitation, Bio-medical Research Building, College of Medicine, The Milton S. Hershey Medical Center, Hershey, PA 17033, before an employee of Geiger & Loria Reporting Service, Inc., an officer authorized to administer oaths, at 9:00 A.M. on Tuesday, January 5, 1999. The deposition is to be videotaped, pursuant to Pa.R.C.P. No. 4017,l(a) (2), by an employee of Geiger & Loria Reporting Service, Inc., and will be simultaneously recorded by stenographic means. pursuant to Pa.R.C.P. 4017.1(g) this dePj'tion will be used at trial. ,/ .. You are invited to attend and participa i th s examination. / December 18, 1998 hman, Esquire plaintiff Hey Road PA 17262-0051 TEL: (717] 349-7657 FAX: (717] 349-2982 . . CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing NOTICE OF VIDEOTAPE DEPOSITION upon the following parties or their counsel of record by united States Mail, first clasS postage prepaid, at Spring Run, pennsylvania, which service satisfies the requirements of Pa.R.C.P. 440: December 1B, 1998 Jeffrey B. Rettig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street, 6th Floor PO BOX 999 Harrisburg PA 17108 hman, ESquire " ".1, r~ .f) 0 I:: ":l -ot -" :;1 """":~ t:- . ,,, ':0 ..;"" "f'" . ~J ",- .,rTl I ',~:r: ,., 'J:), , - f:, -; -~jj ',- ~.... .':Yl , " :", U' .. ;;! . '..., ~ ., (::>