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Home My WebLink About97-02356 . 2 Q. r ~ \.f :..;. f 0) 1{ ','~"" ,i \J ~ ..... . :) ~ ~ ~: .,j ~ 'j :) /) / , I > J ; .'~ "-- .-" J .> -"/ '-"" ,"j; !".' II ,''::! I: '-~ ~ ,,,., v'_) ". j:L:".";.-~Y:...'....:.;.' '\ .. ~' ~'. I ,..',il , . \ 1992 Ford Club Wagon, operated by defendant LEAH W, FOREMAN. 7. At all times relevant hereto, defendant LEAH W. FOREMAN was acting as the employee, and/or agent of defendant MILLER & SONS, INC. B. On May 19, 1995, at approximately 7:00 a,m. plaintiff was traveling north on S. High Street in Mechanicsburg, Cumberland County, Pennsylvania, when defendant, LEAH W. FOREMAN, who was traveling east on Simpson Street, suddenly struck plaintiff on the left side of plaint iff's car with the front of her car, causing plaintifl's car to spin 180 degrees, coming to rest approximately 75 feet east of the point of impact, facing south. 9. As a result of the aforesaid, plaintiff was thrown back and forth inside her car, causing serious and permanent injuries hereinafter more partic'ularly described. 13. As a result of the said accident and said resulting injuries, plaintiff has suffered 10. The aforesaid accident was caused solely by the negligence, carelessness and/or recklessness of the defendants and was in no way caused by any act or failure to act on the part of plaintiff. II. The defendants are jointly and severally liable for the injuries suffered by plaintiff. 12. As a direct and proximate result of the carelessness and negligence of the defendants, plaintiff suffered, i.Jlrn:aful, the following injuries: three (3) fractures of the pelvis, two (2) bruised/fractured ribs, sciatica, reflex sympathetic distrophy, bursitis, arthritis, facial lacerations, abrasions of the eye; great pain and suffering; and other injuries, all of which may continue into the future. physical impairment which prevents her and may in the future prevent her from following her usual activities and occupations, to her great and continuing loss. 14. As a result of the said accident and said resulting injuries, plaintiff has had to expend I' various sums of money for treatment and medication all of which may continue into the future. 15. At the time and place aforesaid, the defendants' negligence, in1tulill, consisted of the following: (a) Being inattentive to her duties as a driver; (b) Traveling too fast for conditions; (c) Failing to observe and heed to respective positions on the road; (d) Operating a vehicle without due regard to the positions of other vehicles on the road; (e) Failing to have her vehicle under control; (f) Failing-io maintain' her vehicle in safe operating condition; (g) Operating her vehicle at a high and excessive rate of speed under the circumstances; (h) Failing to apply the brakes in time to avoid the collision; (i) Negligently applying the brakes; G) Failing to observe plaintill's vehicle in the road; and (k) Violating other provisions of the Pennsylvania Motor Vehicle Code, WHEREFORE, plaintiff demands judgment against the defendants in an amount in excess of $50,000.00 plus costs and such other relief as deemed appropriate by Lhe Court. , JR" ESQUIRE LAW OFFICES OF JOliN E. SA VOTII IIY: JOIIS J:, SA \'OTIl. f:SQlIlnE Il>E1"TIFlt' A TIOS 1"0: 4-1067 Ill8 \\'AI.I(l.'I' STREET. S11n: 1900 PIllLAlIEI.PIII,1, I'ES1"SYI.\',I,'';IA 1910l (l13)7Jl.8780 JURY TRIAL IS IIEMA1"llEll FEB 1 4 2002 iJ'fI' \~ ASSf_~S~IE:-'T Of IlA.\IAOES IS REQIlIRJ:Il ATWII:';EY fOR 1'1.A1:';TlI'f LISA PAULEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY v, NO. 97-2356 CIVIL 1997 LEAH W. FOREMAN and MILLER & SONS. INC" Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE-TRIAL J\1EJ\10RANDllJ\1 I. LIABILITY Plaintiff, Lisa Pauley, suffered severe injuries in an automobile accident on May 19, 1995, when a school vehicle operated by Defendant Miller & Sons' employee, Leah Foreman, traveled at an excessive rate of speed and struck Plaintiff's vehicle at the intersection of West Simpson Street and South High Street in Mechanicsburg, Pennsylvania, Immediately prior to the accident, PlaintilThad come to a full stop on South High Street ",ith the intent on crossing over West Simpson Street, Since the stop sign was back a distance from the actual intersection, Plaintiff had to creep her vehicle forward in order to see clearly in both dircctions down Simpson Street. While stopped, Plaintiff observed Defendant's vehicle a safe distance down West Simpson Street, having just passed through the intersection of West Simpson and York Streets, unaware that Defendant's vehicle was traveling at an excessive rate of speed. Plaintifl'started to cross West Simpson Street, but because of the speed of Defendant's vehicle, she was suddenly struck on the driver's side of her car, causing it to spin 180 degrees, travel over the curb and strike a home locatcd on West Simpson Street. II. DAMAGES Plaintiff was removed from her car by the jaws of life. She was transported to Holy Spirit Hospital where she was diagnosed with a pelvic fracture-left anterior column infratectal and posterior iliac wing fracture, left sacral fracture, left chest wall contusion, and left eye corneal abrasion, She was thereafter treated at Hershey Medical Center, being transported by ambulance from her home for three months due to her inability to walk. Plaintiff developed a problem with her sciatica and received nerve block treatments, She moved to California and had a muscle removed from her hip area to relieve pressure at Centinella Hospital by Dr. Andrew Spitzer at the Kerlan-Jobe Orthopedic Clinic. This surgery resulted in a 12 inch scar on her hip, She thereafter started to develop severe pain in her right arm and was ultimately diagnosed with RSD. She was treated with interscalene nerve blocks and stellar ganglion nerve blocks. She had three spinal catheters surgically inserted in her spine the inject lidocaine in order to lessen the pain, She thereafter had surgery on her brachial plexus, m, ISSUES Liability A. Whether Defendant was negligent in driving at an excessive rate of speed and whether sueh negligence was the legal cause of the collision between the two vehicles B. Whether Plaintiff was contributory negligent. Damages A. Whether the accident of May 19. 1995 was causally connected to Plaintiff's ensuing injuries, {~REFEq TO OvE",..AV SHEETS :/'Ti..i.' \Y"/I '....-:.... ..'OMMONWEAL TH OF PENNS YL .I4NIA POLICE ACCIDENT REPORT REPORr"aLE ~ ~IO" FlEPORnOLC 0 HARRISBURC .. - PEWlQ ,QNW POLICE INFORMATION ACCIDENT LOCATION T II J. v~ IltlCIDe,'n ,10 COW.TV NUMBER 1941-95-061 coae l AaeNCY CumbeC'land 21 N"1.IE Mechanicsbut'o Police Oeoat'tment ~ I 1.'UNICIPALIfY' cooe Mechanicsbut'o 404 J sr"Tioru '4 PAfROL PReCI~jCT ZONE PRINCIPAL ROADWA Y INFORMA TION 5 rNVESTlGATOR BAOCE 12 ROU TE NO OR Ptlm. W. Derrmv Nu"'eeR 22-4 STREeT NAME SR 2014 W. Sim"son St. e. APPRoveD 0'1' B.'OGE lJ SPEEO ~~TYPE ~,ACCESS NUMBER 1I1.UT 25 HIGHWAY 0 CONTROL 1 1 IN'EST/CAIIOll n~ J,,",,~ I a ARRIV"l INTERSECTING ROAD: OATE TII.IE 0705 ACCIDENT INFORMATION 26 ROUTE NO OR S. "inh St. STREET NAME 9 ACCIOEIlT n~ /1 Cl/Cl~ 10 OA~~ ~:.:~ 21. SPEEO ?~ ~ITVPE ~~CCESS OATE liMIT HIGHWAY n CONTROL 1 II. TtMEOF 12. NUMBER IF NOr A r INTERSECTION: OAV 0704 OF UNITS 2 13 'KILLED 1101 'INJUiED 1$. PRIV PROP. v[XJ NO 30. CROSS STAEET OR 0 ACCIDENT SEGMENT MARKER 15 010 VEHICLE HAVE TO aE REMOVED 17. VEHICLE DAMAGE D 3 I. DIRECTION N S E Y 132 DISTANCE FROM THE SCENE' Q.nONE UNIT I FROM SITE , FROM SITE FT, M UWT I UNIT 2 I.LlCHT 33. DISTANce WAS 0 0 V~NO 2. MODERATE GJ MEASURED eSTIMATED VON[K] 3. SEVERE UNIT 2 ~.0;ONSTAUCTION @,TRAFFIC PRINCIPAL INTERSECTlt-i ZONE [Q] CONTROL [2] IT] 18 HAZARDOUS yO ,,!!] 19_ PEr-n'lDOT vO I/~ OEVICE MA TE~rALS PROPERTY UNIT 1/1 UNIT 1/2 36 lEGAllY Y N]' 37. REG 138 STATE J6 LEGALLY v 1/ 31 REO, p8 1!~TE PARKEO' 000 PLATE WKJ(-864 PA PARK EO' 000 PLATE 0833-096 39 PA TITLE OR J? PA TITLE OR OUT.OF.STATE VI,., 43195027601 OUT.O~.ST"Te VIN 44744924602 40 OWr-lER iLl 1"'""'1 ~~r7 Millet' and Sons, Bt'ad A. Dt'ellett Inc. oil. OWNER 5C n i 1~'..Q\'~F/1 11 9 '1' 10 SOt' 1q~ d AOORESS 108 Rosemont Ave. P.O. Box I A~S 8 Bol In S nn 09 R . .&2. CITY. SUTE . CIT . TATE & ZIPCOOE Nell Cumbet'land, PA 17070 :rz, & ZIPCOOE Nechanicsbut'o, PA 17055 43 YEAR 1 qqo I", MAKE 43 YEAR T44.M.\KE Volvo 1992 Fot'd 'S "OOE~ . II/aT ?dn nr 146 INS 45. MODEl .(NOT Club t1aoon /46. INS UI/KC BOOV TVPEI vlXJ I/O UI/KO BODY TYPE) V[) ,,0 i5l~OOV n4 ~~PECIAl n ~~EHIClE 2 :V~ODY ~~PECIAL ~~EHIClE TVPE USACE OWNERSHIP TYPE 40 USAGE 1 OWNERSHIP 11 1~""T1AL '''PA~T ~~EHIClE n ~~RAVEl 9q ~:'''T1AL '''~;CT t)~EHICLE n ~ ~RAveL 99 POINT STATUS SPEEO POINT STATUS SPEED ~.~~EHICLE 1 ~~RIVER d I S~)~RIVER .:;JiEHtClE tJ?RIVER ~ ~~RIVER 1 GRADIENT PRESENCE 1 - COflOlTlm' 1 GRAorEfH 1 ;:;::lE5ENCE: 1 I co~mlTl~m 51) DRI'IER 157 STATE 56. DRIVER 157. STATE NUMBER 20 970 613 PA "'UMBER 09 003 878 PA 5a ORI'IEA L;q" "...,~.. 5d DRivER tlA~'E NAME Leah W. Fot'erl1an 51 ORIVER 59 ORP/EA 151 Simnons Rd. ADDRESS 133 11. Locust St., Aot. 103 AOORESS '50 CITY. STATE ~Iechanicsbut'o , ';0 CITY. ST"TE Mechanicsbut'o, 17055 & ZIPCODE PA 17055 & ZIPCODE PA 51 SE.'( F I 52 D.\TE OF 02/24/66 63 PHO~jE ';1 SEX 152 D.\TE OF 01116134 I ~J, PHf{'E BIRTH lf7di 691-7249 F BIRrH 717 766-0490 ';.I COW.I VE"'i 55 DRivER 166 DRIVER .;.& C01.11.\ vEH 165 DRI'JEA 156 DRl'JER yo "Xl CLASS C SS- v 0 ~I 00 CL"SS C S s. r Ij:" C.'RRIEA i7 C.\RAIER 63 C.\RRIEA ';,1 CA;::lArER ADaRESS .\ODAESS 1)1 CITY. STME H CITY. S"'TE & ZrPCODE & ZIPCOOE ;0 USDOT , ICC' puc' 10 USOOT' l'ce' puC' ::JV~H i~CARCO U OV'NR :VVEH ~CAROO 740'/WR CONFtG oov TyPE COtlFIG OOY TyPE IS I/O OF i~~o'.'Acous 77 RELcJ.SE C:t'"'Z I.Uf ;"5 NO OF ~~"Z"~CCUS 77 FlE'6.\SE 0 H"'Z ,-,,,r AXLES U"TE~IAlS V tJ N UI/K 0 A.'(LES ."'1A r:;ql"'LS v " UNKO A"-45 (1/921 14Jl069 p.\oe 01 CEIITER FOR HICHWAV SAFEr> :'1 fleSP0tICI~'C e\'S "Ce~jCr 1'] ",IEOIC.lil. F.liCll.lT'( Ho l ~peQPLe It,FQAM.Ii T'Ot, -- w..t Shor~ EHS/W~st Shor~ ftLS S idt Has ital INCIDENT #: I 94j:'9S:06I ACCIDENT DATE: / BUliG' " c 0 E F 0 ,..' \QS1 t''\,\IE "OORESS H I ,J ill I I , 29 ) I 0 Lisa Paul~v SA.'1E AS PAGE 1 2 )f 1'9'8 1-8 6 2 I , 61 ) I 0 L~ah W. ,or~man SA.'1E AS PAGE I 0 0 0 8 0 ':'\ fi'\ ~ '\ In U ..J @n.LUMIN..\r/ON W @WEATHER[i] 86 OIACRAM ~ ~~ ~ @"O..\O SURFAce [JJ ~ .~ M~n~ 6.a, PENNSYLVANIA SCHOOL DISTRICT \ (IF APPLICABLE) . . . , . . N/A t.Ve<~ . ~I ~~ G:ZJ 8S OESCRIPilON OF OAMAOEO PROPERTY Wood~n steDs and'Dlatform /.2> '.~~Q) ':> Z. , l~ad ino to a rt!sidt!nct!. ..,;}'r::::.' ; ~ OWNER ; Patrick Mclaughlin or' 'O~~";Z} l' ~"<r: A~E[~ Lisburn Rd. ; ; .~ ; Mt!chanicsburg, PA. /7055 #,,7" -Ie scok ;203.";-. AI/'1h fl., PHfNE .... .. : v .,., 7/7) 697-1956 87 NAARATI\:. IOENTlFY PRECIPITATlNO E'JEtlTS. CAUSATION FACTORS. SEQUENCES OF EVENTS. WITNESS srATEME~HS. AND PROVIOE AOOlTlON"L OETAILS LIKE INSURANCE INFORMATION AND LOCATION OF TOWEO VEHICLES. IF KNOWN. Unit III was travt!lin" north on SD~th High St. approach ing tht! intt!rst!ction of Wt!st SimDson and South Hioh St. Unit Ill's cot!rator intt!ndt!d to cress ov~r W. Simpson St. and continue northbDund on So High Sc. Unit 112 was traveling t!astbound on W. S imp.~on St. approach, ing th~ intt!rs~ction of S. High St. and W. Simpson St. Unit 112's op~ratcr intendt!d to go th rough tht! aforement iont!d inters~ction and continut! eastbound en W. Simpson Sc. Un it 0 1 had bt!t!n stopoed at a stop sign en S. High prior tc t!ntt!ring the inters~cticn Unit Ill's coe rator rt!Dort s that she lookt!d both right and It! ft , up and down W. Simpson St. " " . '" t , " ve unit Q2 b.fcr. ~ntt!rln th~ lntt!rst!ctlon. Unl. 01 s op.rator r~ports th.t sh~ dld obs~r approaching t!astbound on W. Simpson St., but thought that unit 02 was furth~r down th~ road- wa . --- Unit 02's opt!rator rt!ports that when sht! nt!art!d S. High St. unit intt!rs~ction and into h~r path of travel. Unit 02's cperator r.ports that t~lSU~Ao'jCE . =OA,lPMlV r~ISURANCE CQMPM/V, ' I l~jFCR~IATlCtl :Allstate In!iuranc~ Company INF=QR,'.IATlON ~tate arm ~Iutua Insurance Company U',"T :'~;~CY 077 779127 U~'T Pc;,L~CY ,50 0254-1\12-)8/\ I ti.l'.IE AC'onESS aa Val~d. Bowman )19 S. Wash!n ton St. M~chanicsbur . P~.. 17055 I '.'IIT~jESSES .'I":".lE ~CORESS ~/A I ~9 'I:Ct..-HIOr,s INDICATED III pulled into the sh. swerv~d to th~ PHOtlE... 691-U875 Pt-lONE ?O SECTION fluM8eQs (OfIL '( ,;: C~)'RGEOI Te mc U~jIT I STO? AND YIELD SIGNS N/A N/A 00 00; U~IIT 2 \~PRO=.1,3LE USE I UMT I 0 '~)T'PE TEST o '~AESULlS NO TEST O' 0 REFUSE 0__.00 U"K '~?11PROB.\aLE In JT'(PE '-" use '-"reST Wllr 2 0 0 .l..H5Il,9:, 1451069 p'GE -L- \~l~E3l;LTS ,'10 TEST 9' INVeSTlQATlOtl I 0,0 ReF=uSE COMPLeTE' D --'OCJ U", YES 0 NO 0 CEUTEfJ FOR HICHWAY SAFETY r;x) REFER rOOVERLAY SHEers "'~" . ...' IlEPOnTAOlE Gl NcnREPCRrAOLE 0 Pi~~orUSEO~I.Y 'i:OoENr 1941-95-061 I ACci~Em 5/19/95 COON! v 21 IW'''C;:l 404 NI)~O~ R nAT CooF COO ~EASON INFOAUAIION. USE OVERLAV, 1 SHEEr FORCOCES BCD E F G NAME AOORESS H I J . l SA.'tE AS P,\GE 2 I. "c.1 \J~ r '" ~ . r ~~ r;'\\" 7 1'1~ J, In II I' '-" ...... r'1'1RRAT"'E~ , : '., collision with unit n/. ~ t trYlng to:avoLd. a rh~ r~ was:a witnt!ss to th~ accid~nt who was t rav~ l ins w~stbound:on iJ. Simpson :St. :at ' , , , cOllision. \oIitnt!5s ....stbcund 5h~ cbs"rv~d the tim.:of'the The reports that as she t ravd~d unit U I slowly moving from S. High St. towards \.I. Simpson St 0 Th. \oIitnt!ss r.por.ts that' unit nl:k~pt i:r.~ping .forward, no rthbound, until it had travel.d onto \.I. Simpson: St. and in.to thl: path of unit 172. Th., witness reports that unit 172 struck unit 17 I in the: driit.rs sid. portior. o ( th~ vehii:l~. Unit: 17 1 clocklolis. and both units actually ent~r.d ' '. : Ian 101 a 5 spun the 'loI1Cn.ss~s or: travol. Unit 112 was able to stop IoIhiL~ unit 17 I cross~d back into it I ~ Lan. and j ump'~d a curb to it I ~ right side. Onc~ un it III had j ~_mp~d tho curb it travel.d a'short d istanc.: acros a sid~loIalk,:~ventually st riking a portion of wood.n st.ps at tho side of 203 S: High S't. tini' 01. struck the mentioned wood~ n steos with it' 5 front bumpe r an~a. : : : : : : : : : : : : : : 'C- , : , . , : 89 DESCRIBe VIOI.ATlCNS 90, see nON NUMBERS (ONt y ;I: CH..\RGEO ) TC mc ", UNIT 1 0 0 '" ,..'lE--lt5-l'lItl . 0 0 UNIT 2 , ~ ROBABlE ~;'PE ~ESULTS 0 NO TE,T I ~,ROBABlE ~PE IV'ES'JLTS DNOTEST 9' IINESTlOAr:CN I USE TEST o REFUSE USE TEST o REFUSE c;-m'li O. o % UN. YES NO 0 UNIT 1 % 0 Of'. U'''T 2 -- 0 .. rn ~; ';OMMONWEAL TH OF PENNSYL ~o ..iliA PAR CONTINUA TlON SHEET AA'SC I',~II PAGE J CHI rEA FOR HIOH"'V SAFET)' . , LISA PAULEY, #9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2356 CIVIL 1997 Plaintiff v. LEAH W. FOREMAN and MILLER & SONS, INCo, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED IN REI PRETRIAL CONFERENCE A pretrial conference was held on Wednesday, October 17, 2001, before the Honorable George E. Hoffer, President Judge. This is the first pretrial in this automobile accident case. Plaintiff is represented by John E. Savoth, Esquire, who has taken over the case from Herbert R. Weiman, Jr., Esquire. Mr. Weiman filed the original action and subsequently died on October 27, 1999. Defense counsel who will be trying the case is Richard H. Wix, Esquire. Appearing at the pretrial conference is Theresa L. Shade Wix, Esquire. Plaintiff claims that she emerged from an intersection in safety and was negligently struck by defendant driving a school bus van. Plaintiff has since moved to California and her treating physicians are both there. Plaintiff's counsel has had a problem with the logistics of arranging the presentation of the medical testimony either in person or by various modes of videotape. Plaintiff requests a continuance of the trial so that he can accomplish these matters, over defendants' objection. Plaintiff will be given a continuance by the Court in the following manner; the case will be left on the January 2002 list for trial during the week of January 28, 2002, provided that plaintiff has concluded all his medical testimony preparation by January 14, 2002; should that not occur, he is directed to notify the Court and defense counsel January 14, 2002, and the case will >- t;:;) r= "" .:e lr. ." Z LJ':S:~ !:-i :'").- ()-: :')~) ,0 ',,' /->:> 1..1 aoi.,'; ,',Ih "1~ -', -". :'G) ("oJ )L ,,, I... ";2' (-.~ .iluJ C.' ~!J(.i_ I.. .<0 '..) ':':J ::J U located on West Simpson Street. II. DAMAGES Plaintiff was removed from her car by the jaws of life, She was transported to Holy Spirit Hospital where she was diagnosed with a pelvic fracture-lell anterior column infratectal and posterior iliac wing fracture, lell sacral fracture, lell chest wall contusion, and lell eye corneal abrasion. She was therealler treated at Hershey Medical Center, being transported by ambulance from her home for three months due to her inability to walk. Plaintiff developed a problem with her sciatica and received nerve block treatments, She moved to California and had a muscle removed from her hip area to relieve pressure at Centinella Hospital by Dr. Andrew Spitzer at the Kerlan-Jobe Orthopedic Clinic, This surgery resulted in a 12 inch scar on her hip. She therealler started to develop severe pain in her right arm and was ultimately diagnosed with RSD, She was treated with interscalene nerve blocks and stellar ganglion nerve blocks. She had three spinal catheters surgically inserted in her spine the inject lidocaine in order to lessen the pain. She therealler had surgery on her brachial plexus, III. ISSUES Liability A. Whether Defendant was negligent in driving at an excessive rate of speed and whether such negligence was the legal cause of the collision between the two vehicles B, Whether Plaintiff was contributory negligent. Damages A. Whether the accident of May 19, 1995 was causally connected to Plaintiff's ensuing injuries, IV. LEGAL ISSUES Plaintiff does not anticipate any extraordinary legal issues in this matter. V. WITNESSES Lisa Pauley Leah Foreman Patrolman W. Demmy Valerie Bowman John E, Langan Holy Spirit Hospital, Custodian of Records Hershey Medical Center, Custodian of Records Centinella Hospital, Custodian of Records - \...ralg !<UIlL., I.I8 "'.ull.... A l(oll~ll, I..1f.J ~ I <:pence Reid, MD -- - ,.... JuJUll)dllcy, IVlu r ~ GCOlts.... S.P lhuiiDwa3;)cl, MD ~ Ellgt~~A"nMII'I8h, PT -~. J. ' Andrew I. Spitzer, MD M'V Edward Carden, MD ~~. VI. EXHIBITS }, Photos of Accident Scene 2. Excess Medical Bills 3. Medical Records of Holy Spirit Hospital LISA PAULEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2356 CIVIL 1997 v. LEAH W. FOREMAN and MILLER & SONS, INC.. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' PRE-TRIAL MEMORANDUM Submitted by: Richard H. Wix, Counsel for Defendants A. SUMMARY STATEMENT OF FACTS AND CONTENTIONS AS TO LIABILIiX This litigation arises out of a motor vehicle accident that occurred on May 15, 1995 at the intersection of South High Street and West simpson street in Mechanicsburg, pennsylvania. This accident occurred a little after 7:00 a.m. while Defendant Leah Foreman was on her way to pick up some school children for transportation to school. She was driving east on West simpson Street which is the through street. When she entered the intersection with south High street, plaintiff pulled from a stop sign directly into her path, and the accident was unavoidable at that point in time. Attached hereto is a copy of the Police Investigation Report. B. COMPREHENSIVE STATEMENT OF UNDISPUTED FACTS The parties were the operators of the respective vehicles involved in the accident of May 15, 1995. C. COMPREHENSIVE STATEMENT OF DAMAGES See Plaintiff's Pre-Trial Memorandum. l;?)REFEA TO OVERLAY SHEETS \IJ......'" I" "', \ ! .._~.., ..OMMONWEAL TH OF PENNSYL ~MNIA POLICE ACCIDENT REPORT REPORtABLE [}Qj 11011 REPORTAULE 0 HARRISBURG POLICE INFORMATION I INCIDENT NUMBER 2 AOENCV NA.f.IE 35T-"IOW PRECI~'CT 5 INVESTIGATOR , Ptlm. W. Denmv e APPROVEO BY 1941-95-061 Mechanicsburn Police Deoartment -14 PATROL I ZONF. OAOCE NUMBER BAOCE NUMBER I S ARRIVAL 1 liME 0705 ACCIDENT INFORMATION 7 ~:T~SIIGAIIOII n. "n 'n. 9 ACCIOENT ~. , DATE nc::;,/lQ/Qc::;, II. TIME OF OAY 0704 tJ . KIL.OD 114 . INJUiEO 15 010 VEHICLE HAVE TO BE REMOVED FROM THE SCENE' UNIT I 10 DAV OF WEEK UNIT 2 '2. NUMBER OF UNITS 15 PRIV. PROP l.CCIDENT 11. VEHICLE DAMAGE o . NONE UNIT 1 I. LIGHT 2 . MOOERA TE 3. SEVERE 2 y[i] Y[]NO yONIXl O rv1 19. PEt-mOOT v N ~ PROPERTY UNIT N 1 WilT 2 18 HAZARDOUS MATERIALS yO :la.lEGALlY v NT31. REO. PARKEO' 0001 PLATE WKX-864 39 PA TITLE OR OUT.OF.STATE VIN 43195027601 40 OWtlER Brad A. Drewett 41. OWNER AOORESS 108 Rosemont Ave. P.O. Box 5( 012, CITV. STATE & ZIPCOOE New Cumber land 0 PA 17070 43 YEAR 1--' 144, MAKE 9qO Volvo 45 MOOEL . (II aT _.. " BOOY TYPE' "J/lr nr @BOOY , ~SPECIAL n TVPE nil USAGE rSOlitllllAL IMPACT (S')VEHICLE n '"'" POINT 0 '"'" STATUS '5JYvEHICLE , ""ORIVER r 1 l ~ GRADIENT '-.:.IpRESENCE I 56 DRIVER NUMBER 58 DRIVER NA'-'E S9 DRIVER AOORESS 133 W. Locust St.. Ant. 103 60 CITY. STATE & ZIPCOOE Mechanicsburn. PA 6' SEX l620ATEOF ,..,. I;' BIRTH 02/24/66 13.1 COW.I VEH 65. DRIVER 166 DAIVER YON lO CLASS Cis S . 67 C.'RRIER 20 970 613 rln~ D~"l"v 146. INS YIXl 110 '49 )VEHIClE '-" OWNERSHIP '52)TRAVEl <J SPEEO S5)ORIVER - cmmmON 1 157, STATE PA 22-4 NO o GJ N~ '" In ... 2 00 17055 1 ~3 PH_Q"E 1'7171691-7249 60 CARRIER ADDRESS 69 CI1'Y, STATE & ZIPCOOE jQ USDDT , Ice. PUC' '-72)VEH '..:/ CONFIG '5 NO OF AxLES A.\..&511/921 J'J CARGO ""-1 00'( TYPE ~j6 HAZARDOUS - MATERIALS 74 CiVWR PEtlt'O~ ACCIDENT LOCATION ~o COUNTY Cumberland ~I MlJtllCIPALlT't' COOE Mechanicsburg 404 PRINCIPAL ROADWA Y INFORMA TION 22 ROUTE NO OR STREET NAME 2J SPEEO LIMIT 25 26 RourE NO OR STREET NAME 27 SPEEO __ LIMIT 7~ 30, CROSS STREET OR SEGMENT MARKER 31. DIRECTION N FROM SITE S 33. DISTANCE WAS COOE 21 SR 2014 W. Simoson St. kZ.&ITYPE kZS)ACCESS 1'-.... HIQHWAV 0 1"-' COt-IfROl INTERSECTING ROAD: SO 14ich St. kZS)rYPE 1'-' HIGHWAY 1 n k29,)ACCESS 1 I....... CONTROL IF NOT A T INTERSECTION: E WI J2 OISTANCE I FROM SITE MEASURED 0 ESTIMATED @~RAFFIC PRINCIPAL CONTROL r-;-]O OEVICE ~ FT. M' o INTERSECTiNG CD 1~~ONSTAUCTlON ZONE ~ liB CARRtER ADDRESS 151) CITV. STATE & zrpCODE 7rJ usoor. ~VEH COtlFIG 15 NO OF AXLES 17 RELf.!.SE Q.E.HAZ M.H vU NU u".o 14!)1069 IJ8 STATE J6 LEGALLY Y " 31, REG, 0833-096 I PA PARKE07 0 lllI PLATE 39, PA TITLE OR ~F'STATE VI" 44744924602 1JJilil~'W7 Miller and Sons. Inc. iln- AOrnEsS 1189 Boilino Sorinos Rd. ",!it CITI':,'!;r A TE . 21PCOOE Mechanicsburc, PA 17055 43, VEAR I J4. MAKE 1992 I I;'ord 45. MODEL -(NOT UNK 0 BOOY TYPE' t47.)BODV r-'TYPE 40 ~501INITIAlIM~~CT f'J POINT 1 7 .5~)~EHICLE - GRADIENT 56 DRIVER NUMBER S8 DRIVER NAME S9 DRIVER AOORESS 151 Sirnnons Rd. liO CITY. STATE . & ZIPCOOE Mechanlcsburc. PA .. SEX I;' 162 ~~Tr~ OF 01116/34 lj.1 COMM VEH 165 DRIVeR 166 DRIVER '10 NOCl I CLASS C I 55' 117 CARRIER P.\GE UNIT N 2 138 ~~TE Club Wacon (481SPECIAL '"'" USAGE !SI)VEH1CLE '"'" STATUS '54 )ORIVER '-' F"ESENCE ! 146. INS I yKI..o (49)VEHrCLE "-' OWNERSHIP 11 '52)TRAVEL '"'" SPEEO 99 I 'S51DRIVER 1 '-' cormlTlO" 1 157. STATE I PA UNKo 1 n 1 09 003 878 Leah W. I;'oreman 17055 16,~ PH.O,NE II 717 J 766-0490 ICC ~ puc' 13 )CARGO ~ODY TYPE ~76)HAZ"RDOUS 1'-' MATERIALS U GVWR 71 RE~ASE Q.E t-tAZ MAT vU "U UNKo CENTER FOR tUGHWAV SAFETY 01 ,13 RESPOI'lC'I~jGEMSAaENCY Wt!5t Sho['~ EHS/Wust TO MEOICALFACllIlY Huly Soirit HospitaL !teo )PEOPLE l~jFORMA TlON 1'-;( BCD E F a NAME Shure ALS IINCIDENT #: 19i;i:'9S=061 - IACCIDENT DATE: .VAlCltil~BUtiG H ',".J '" ,Qel . 2 JI'I'9'8 l- B 6 I o 0 0 8 0 0 ADQRESS 1 1 F 29 J 2 I F 61 J I 0 Lisa Pauley SAME AS PAGE I I 0 Leah W. Fureman S,\ME AS PAGE 0,LLUMINATlON W @WEATHER ~ 0ROAO SURFACE [JJ 6.1, PENNSYLVANIA SCHOOL DISTRICT (IF APPLICABLE) ~ i\' nl\ I;; \I " 1...-/- ~ ~ '.i II tr 86_ DIAGRAM N/A 85 oeSCRIPTION OF DAMAGED PROPERTY Wooden steps and platform leadin!! to a residenceo OWNER Patrick Mclaughlin A~"E~ Lisburn Rd. /A,/esr MY.;1~ . \ ~W_~ 'tW'1 > Z~1WJ Q)~ : .:::/0 O~6{,';h \(-' ;.~<ft, /.2> "'~ Mechanicsburl!. PA. 17055 PHpNE Pin 697-1956 87. NARRATIVE . IDENTIFY PRECIPITATlNO eVENTS. CAUSATION FACTORS. SE~UENCES OF EVENTS. WITNESS STATEMENTS. MlQ PROVIDE ADDITIONAL DETAILS. LIKE INSURANCE INFORMATION AND LOCATION OF TOWED VEHICLES. IF KNOWN. No~ ~'" SCale.. 2CJ3.~. A'l'lh 5/,:" ... . v Unit (I I was traveling north on SOllth High St. approaching the intersection of tlest Simpson and South Hi!!h St. Unit Ol's operator intended to cross over W. Simpson St. and continue northbound on S. High Sc. Unit 02 was traveling eastbuund on W. Simpson Sc. approach- ing the intersection of S. High St. and W. Simpson St. Unit 112's operator intended to go through the aforementioned intersection and continue eastbound on W. Simpson St. Unit III had been stopped at a stop sign on S. High prior to entering the intersection. Unit Ol's ooerator reports that she looked both right and left, up and down W. Simpson St. befere enterio!! the intersection. Unit Ill's operator reports th~t she did observe unit 42 I approaching eastbound on W. Simpson Sto, but thought that unit 02 was further down the road-l I ~y. I Unit -'12's operator reports that when she neared S. High St. unit 01 pulled intu the' intersection and into her path of travel. Unit 02'5 operator repurts that she swerved to the INSURANCE COo\lPANV INSURANce COMPMIV INFORMATION Allstate Insurance Company INFORMATiON ~tate Farm Mutual Insurance Cumpany U',lIT PONL~CY 071 779127 U~" PON~CY F500254-AI2-J8A NAME ADDRESS ee Valerie Bowman JI9 S. Washington Sc. Mechanicsburg, PA. 17e55 WlTNESSES ~IAMe ADQRESS N/A 89 VIOLA TlQflS INOtC,\ rEO PHON~ 691-u875 PtlQNE 90 SECTION NUMBERS IONL Y IF CHARGEDI TC me U~jIT I N/A 00 00 U~jlr 2 STOP AND N/A \~PROOABLE USE o o YIELD SIGNS '12:> " P e IESI o \?.:;RESULlS Q?'NO TEST O 0' 0 REFUSE "__,DO UflK ItjPROBAOlE USE WIlT 2 0 ~"(PE TEST \?!)neSULlS ~!O IESI o 0' 0 nerUSE --_.00 uw< ')1 r~jVESflGAflON COMPLETE' YES 0 "0 0 UNIT I "A..ISII,'JZl 1451069 PAGE .....2._ CHuen Fon IlIGIlWAY SAFElY (;x) REFER rOOVERl.AY SHEETS ...~,. . ..';,'. REPOnrAOlE [!] NClN,REPOnrAOlE 0 PEN"-OO rUSE ONL If ~~~~I 1941-95-061 I Ag~~~ENI 5/19/95 f~~~Y 2 I lo.tIJ~~:l 404 ~ERSON INFORMATION. USE OVERLAY' I S"EEl FOR COllES BCD E F 0 NAloIE ADDRESS If I J K l M SAME AS PAGE 2 -,~ Ufl " fjI'''' 1~ ~ . ~'n nl~ 7 rll\' ,I. In II i j7 "-'- \"'f1RAAIIVE. , · id call islon with unit 01. ~ t trYlng to avo ,a Th~i'~ was:a witn~ss to th~ ace id~nt who was t rave ling wl!stbound:on il. Simpson :St. .at th~ tim~:of'th~ collision. The witn~ss r~ports that as shl! t ravd~d w~stbound sh'4 obs~'rv~d unit II slowly moving from S. High St. towards W. Simpson St. Th~ witnt!$s r~ports that unit Ol:k~pt C r~~ping . , northbound, unt i I it had t ravd~d Simpson: St. in.to forward, onto W. and th~ path of unit 0'20 Th~, witn~ss r~ports that unit 1/2 struck unit 01 in th~: driv~rs sid~ portion or: the vehii:l~~ Unit 01 was spun clockwise and both units actually ent~red th~witn~sses lanL of travel. Unit 02 was able to stop wh ile unit 1/1 crossed back into it t S lan~ and jumped a curb it ,~ . ' side. Once unit 01 had jumped the curb it traveled a'short distance: to rlght acros~ a sidewalk,:eventually striking a portion of woodl!n steps at the sidl! of 203 S; High St. Unit Ol:struck the mentioned wooden steDs with it's front bumpe r art~a . : : : : : : , : , : : : : , . Og OESCIHOE VIOLA TlONS go,SECllClNNUMOERSIClNlYIFCIfAnOEDI IC mc UNIT I 0 0 .,,,.,E--1I5-PAOC 2 0 0 UNIlI ~:lDIlAOlE IV:,"PE ~lESJJllS ONOIEsr ~l"ODAOlE ~:"PE ~ESUUS ONOrE.r g. INVESIIGArlCll . .. USE lEST I USE TEsr o RErUSE o REFUSE C[2iElE 1 UNlr I 0,__0/.0 WK UN" 1 0.__0/00 UNK YES NO 0 M,.SC 111911 @; ';OMMONWEALTH OF PENNSYL '0 ..IJ/A PAR CONTINUA nON SHEET PAGe J CENreR FDA HIGHWAY SAFETY i I i I , i J! I LISA PAULEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. LEAH W. FOREMAN and MILLER & SONS, INC., a Pennsylvania Corporation, NO. 97-2356 CIVIL 1997 Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Lisa Pauley; and HERBERT R. WEIMAN, JR., ESQUIRE, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WIX, WENGER & WEIDNER By 0 ~ -<.-J-I. ~ Richard H. Wix, I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: "1171'7 LISA PAULEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. LEAH W. FOREMAN and MILLER & SONS, INC., a Pennsylvania Corporation, NO. 97-2356 CIVIL 1997 Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANTS WITH NEW MATTER AND NOW, come the Defendants, Leah W. Foreman and Miller & Sons, Inc., by their attorneys, Wix, Wenger & weidner, and set forth the following Answer with New Matter to Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. Admi tted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. S. The allegations of paragraph 8 are admitted in part and denied in part. It is admitted that on May 19, 1995, at approximately 7:00 a.m. the Plaintiff pulled from a stop sign on South High Street directly into the path of the Defendants' vehicle, which was traveling east on Simpson Street and had the right-of-way, and as a result of Plaintiff's negligence, an accident occurred involving the two vehicles. 9. The allegations of paragraph 9 of Plaintiff's Complaint are within the exclusive knowledge and control of the Plaintiff, and proof thereof is demanded at the time of trial. 10. The allegations of paragraph 10 are specifically denied, and to the contrary, the accident was caused solely by the negligence of the Plaintiff. 11. The allegations of paragraph 11 of Plaintiff's Complaint are specifically denied. 12. The allegations of paragraph 12 of Plaintiff's Complaint are specifically denied, and proof to the contrary is demanded at the time of trial. 13. The allegations of paragraph 13 of Plaintiff's Complaint are specifically denied, and proof to the contrary is demanded at the time of trial. 14. The allegations of paragraph 14 of Plaintiff's Complaint are specifically denied, and proof to the contrary is demanded at the time of trial. - 2 - VERIFICATION I, Leah W. Foreman, state that I am the Defendant in this matter, and I verify that the statements made in the foregoing Answer of Defendants with New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that her statements therein are made subject to the penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsification to authorities. !1;i ~/~. 9f-. .<!t-u. l)L~ 'l"') Leah W. Foreman Dated: /1//.3/'1 CERTIFICATE OF SERVICE AND NOW, this /7~ day of72~, 1997, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendants, hereby certify that I served the within Answer of Defendants with New Matter this date by depositing a copy of same in the United states mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Herbert R. Weiman, Jr., Esquire Weiman and Weiman Two Penn center, suite 1920 1500 John F. Kennedy Blvd. Philadelphia, PA 19102 (215) 564-5640 WIX, WENGER & WEIDNER By ~" .. I iJ. ~ Ric ard H. Wix, I :-D: #07274 Attorneys for Defendants 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 ~ \D i:: ~ .3 ;J ,_. -, r .. ':5 'I) en t - ':)~ ~") j:1: .... '.) ;;: o<J: q~ c. 8: \D ~~. ;;)- 1 <.)In fi!w >- (,C~ ~ ~ r...: on: '. ~1 ~ <..S ~ f2~ .... .}, r- :5 ~ '"" 0 cn U ,.... I"- '" ...... ...... ,"') <:::r:: ~@~ .r , SHERIFF'S RETURN - REGULAR CASE NOI 1997-02336 P COMMONWEALTII OF PENNSYLVANIA, COUNTY OF CUMBERLAND PAULEY LISA VS. FORE"AN LEAH W ET AL WESLEY COOK . Sheriff or D~puty Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MILLER & SONS INC A PA CORP the defendant, at 1346100 HOURS, on the ~ day of Mav 19~ at 1189 BOILING SPRINGS ROAD MECHANICSBURG.. PA 17033 . CUMBERLAND ALLEN MILLER. TREASURER AND . County, Pennsylvania, by handing to PERSON IN CHARGE a true and attested copy of the WRIT OF SUMMONS and at the 8ame time directing His attention to the contents thereof. Sheriff's CostOI Docketing Service Affidavit Surcharge So a~'?;e_~ ~ r~.. -....<: ~ R. Thomas :~e, er1ff WEIMAN AND WEIMAN 05/09/1997 6.0l!l 3.58 .00 2.00 101:3.58 by ~&" Sworn and subscribed to before me this '1 ~ day of ')ll'-l 19 9 1 A. D. 1.../" () )JLt.('(l....-' IO"'f f Prothonotary T .. ~ SHERIFF'S RETURN - REGULAR CASE NOI 1997-02356 P COKKONWEALTH OF PENNSYLVANIA I COUNTY OF CUKBERLAND PAULEY LISA VS. FOREKAN LEAH W ET AL WESLEY COOK . Sheriff or Deputy Sheriff of CUKBERLAND County, Pennsylvania, who being duly sworn acoording to law, says, the within WRIT OF SUKKONS was served upon FOREKAN LEAH W the defendant, at 1353100 HOURS, on the ~ day of Kay 1997 at 131 SIKKOHS ROAD KECHANICSBURG.. PA 17035 .CUKBERLAND County, Pennsylvania, by handing to LEAH FORKAN a true and attested copy of the WRIT OF SUKKONS and at the same ti~e directing Her attention to the contents thereof. Sheriff's Costs I Docketing Service Affidavit Surcharge 18.00 4.95 .00 2.00 So ans~~ // ~ .?;ff:~""-<'1~....e R. Thomas K11ne, Sher1ff G24.95 WEIKAN AND 05/09/1997 by WEIKAN ~#~.f ep, y er1ff Sworn and subscribed to before me this q <;: day of f}k.., , 19 q 7 A. D. \ I /- ~. UJrv.- " J~~L~. ~,~ - I Prot onotary . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA PAULEY 35266 Camino Capistrano Capistrano Beach, CA 92624 NO. 97-2356 CIVIL 1997 vs. LEAH W. FOREMAN 151 Simmons Road Mechanicsburg, PA 17055 CIVIL ACTION - LAW and MILLER & SONS, INC., a Pennsylvania Corporation 1189 Boiling Springs Road Mechanicsburg, P A 17055 REPLY TO NEW MA TIER 16. Denied. It is specifically denied that the accident referred to in plaintifr s Complaint was caused solely by the negligence of plaintiff and that her claims are barred by the Pennsylvania Comparative Negligence Act and strict proof of same is demanded at trial. 17. The allegations of paragraph 17 of defendants' New Matter constitute conclusions of law which require no response under the applicable Pennsylvania Rules of Civil Procedure. ~#ESQUlRE :.\ttorney for Plaintiff , VERIFICATION I, HERBERT R. WEIMAN, JR., ESQUIRE, allorney for plaintiff, LISA PAULEY, hereby verifY that the facts set forth in the foregoing document are true and correct to the best of my knowledge, infonnation and belief. I understand that any facts set forth herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~UIRE DATE: lI-!tJ.A{r .. (., " ,0, : " , i , l , .-. ( .- "' .' ( , t_ '. c~\ 1"; 1,':1 r. Co c: (:: : I..!.' ,. II:: I'. (:);. (.;. ,-, I , (' , '. ,~. i C' C_' I r- I L.J '-~ ~J . 3. On AprilS, 1999, plaintiff served defendants with plaintiff's Interrogatories (First Set) and Request For Production of Documents (First Set). (True and correct copies of the Interrogatories and enclosure letter are athiched hereto and marked collectively as Exhibit U AU). 4. Defendants have failed to timely object to the Interrogatories and defendants have failed to answer plaintiff's Interrogatories and Request For Production of Documents pursuant to Pa,R.C.P. 4006. 5. Counsel for plaintiff has made repeated requests to defendants' counsel to provide answers to the Interrogatories and Request For Production of Documents and no responses have been provided. 6. Plaintiff requires an Order of this Court pursuant to Pa,R.C.P. 4019(a)(I)(i) compelling defendants to respond to plaintiff's discovery requests, WHEREFORE, plaintiff respectfully requests that this Honorable Court enter an Order compelling defendants to respond to plaintiff's Interrogatories and Request For Production of Documents within twenty (20) days hereof, or suffer appropriate sanctions to be imposed upon application to the Court. RBERT R. WEIM ttorney for Plaintiff UIRE . WEIMAK AKD WEIMAN LAW OFFICES uennEnT n.\'tEnlA."" HERBERT n. WeUJAN, JR. [Xl n<o PE~~ CESTER. SUITE 1020 1000 JOHS Y. KE~~EO\' D~VO, PIlIL.\OELPIlIA, PA 10102 (21:S: a04-0040 Y.\;\: (~I~l 008~40413 3012 HE},'SISOTOS AVENUE PlllLAOELt:UJA,PA 10104 (2101 7:)9.0060 F.\:< (21~) 700-0062 April 5, 1999 Richard A. Wix, Esquire Wi x, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 ~ Re: Pauley vs Foreman, et al Dear Mr. Wix: Enclosed please find Plaintiff's Interrogatories Addressed To Defendant, Leah W. Foreman-Set I, and Plaintiff's Request For Production of Documents Directed To Defendants (First Set), with regard to the above mailer. Very truly yours, HERBERT R, WEI!\t~'\, lR, HRW, JRIrl Enclosures EXH'B'T .........11 '1-1 I' , f 3. All photographs, plans drawings, sketches or diagrams in your possession or control or the control of your attorney, your insurer, or anyone else acting on your behalf, dealing with any aspect of this litigation, including but not limited to the vehicles, instrumentalities, or accident site, involved in the accident in question which is the subject of this litigation. " 4. All documents which you intend to introduce as exhibit~ at trial. ..' 5. All automobile insurance policies and automobile insurance declaration sheets, relating to automobile (and umbrella) insurance coverage for you on May 19, 1995. 6. A copy of the driver's license of defendant LEAH H. FOREMAN, in effect on May 19,1995. VERIFICATION I, of MILLER & SONS, INC., defendant, hereby verilY that my Answers to Plaintiff's Request For Production of Documents (First Set) facts set forth in the foregoing document are true and correct to the best of my knowledge, infonnation and belief. I understand that any facts set forth herein are subject to the penalties of IS"Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities, r DATE: (d) the license registration number: (e) the state of registration: (I) the, type of registration (i.e., passenger, comm~rcial, bus, school bus, omnibus, etc.): 3. State whether any damage to your vehicle was repaired. If yes, state: (a) when the vehicle was repaired: ... (b) by whom repaired (including his name and address): (c) the cost of such rcpairs: (d) the nature of the repairs made: (e) attach copies of any and all written repair estimates or receipts: (I) location of all damage on vehicle before accident: 4. State: (a) the weather conditions prevailing at the time of the accident: (b) the condition of the road: '. (c) . ihe lighting conditions: (d) the exact date and time ofth~ accident, as nearly as possible: r (e) the exact portion of the highway where the impact occurred, using, accurate measurements and landmarks: (I) the position of your vehicle on the highway just prior to accident: (g) the distance between YOll and the plaintiff when you first obsen'ed the plaintiff: (h) if you applied your brakes before impact, when and where you first applied them: (i) the distance traveled between the point when your brakes were first applied and the point of impact: UJ the speed of your \'ehicle prior to applying your brakes: (2) where the vehicle was driven to (including address): (3) the date and time when the vehicle was removed from the scene of the accident: " 9. State whether any skid marks were made by any vehicle involved in the accident: If yes, state as to each vehicle: (a) the length and direction of said skid marks: ... (b) the point of beginning and ending of said skid marks: 10. State whether the operator's vision was obscured in any manner, either from inside of the vehicle or from the external factors and, if so, state in what manner his vision was obscured: 11. Which vehicle, if any, had headlights on at the time of the accident: 12. (fthe accident occurred at nn intersection. stnte with regard to you: (al nature oftraftic contwls tllcing your vchicle at intcrswiol1 (tramc light. stop sign. ClC): (c) what caused this defect: (d) when did the defendant learn of this defect for the first time: . '. (e) if the said defect existcd prior to the accident, state how long it existed prior thereto: (I) what, if anything, was done to remcdy this defect aftcr the acciaent: 19. State the names, addresses, present whereabouts and job classification of all persons' you intend to caB as witnesses at the trial of this mailer and the substance of their expected testimony: 20. Identify each person who (1) was a witness to the accident through sight or hearing and/or (2) has knowledge of facts concerning the happening of the accidem or conditions or circumstances at the scene of the accident, prior to, after. or at the time of the accident: (a) with respect to each person identified in the answer to the interrogatory above state that person's exact location and activity at the time of the accident: 21. Have you or anyone acting on you behalf obtained from any person any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter? Ifso, identify: (a) each such person: (b) when, where, by whom and to whom each statement was made, and whether it was reduced to writing or .otherwise recorded; '. (c) any person who has custody of any such statements that were reduced to writing or otherwise recorded: ~ 22. Have you given any statement as defined by the Rules of Civil Procedure concerning this action or its subject matter? If so identify: (a) each person to whom a statement was given: (b) when and where each statement was given: (c) any person who has custody of any such statement that lI'ere reduced to writing or otherwise recorded: (d) the date(s) when they were made and what they me: (c) the name and address orthe person making them: ~ r-. ~ 1I; L.: - ~ C\.i , - IJ " ! , ( I ; - L- ~ j ...... :.~, ; )1.:; '- I '-.J '1'.1 >- [) h; .'l' . 'I? -." I ;,.; :) ...:' t: ., :"'~ J'-LJ ,-:: =, :".!n.. -. b en ::1 c, 0 : LISA PAULEY, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. LEAH W. FOREMAN, Defendant NO. 97-2356 CIVIL 1997 v. ; MILLER & SONS, INC, a Pennsylvania corporation Defendant JURY TRIAL DEMANDED PIRST REOUEST POR PRODUCTION OP DOCUMENTS TO: LISA PAULEY; and HERBERT R. WEIMAN, JR., ESQUIRE, Attorney for Plaintiff AND NOW, this 16th day of June, 1999, pursuant to Pennsylvania RUles of civil Procedure 4009, as amended, come(s) the Defendant by her counsel, Richard H. Wix, of WIX, WENGER & WEIDNER and request(s) said party to produce for inspection, examination and copying, at the law office of WIX, WENGER & WEIDNER counsel for the requesting party, not later than thirty (30) days after service of this Request, the following documents: 1. All statements, signed statements, transcripts of recorded statements, interviews, or affidavits of any person or witness relating to, referring to, or describing any of the events surrounding the alleged incident in question as referred to in Plaintiff's Complaint, including those relating to the happening of the accident or to Plaintiff's injuries, damages or losses. 2. All expert opinions, expert reports, expert summaries or other writings of experts in your custody or control or in the custody or control of the your attorney, insurer, or anyone else acting on your behalf, which relate to any aspect of the subject matter of this litigation. 3. All reports, opinions, records, correspondence of all physicians, osteopaths, chiropractors, or other practitioners of the healing arts who have treated, examined or consulted with you at any time. 4. All hospital records relating to you, both before and after the date of the accident, up to the present time. 5. All bills, invoices or statements of charges from all physicians, osteopaths, chiropractors, hospitals, medical associates, or other medical practitioners, relating to treatment, examination or consultation of you, associated with injuries or conditions allegedly sustained in the accident in question which is the subject matter of this litigation. 6. All written records or writings of whatsoever kind in your care, custody or control or in the care, custody or care of your (Plaintiff's) employer, evidencing or dealing with lost wages, lost income or reduced earning capacity allegedly sustained by you as a result of the accident in question which is the subject matter of this litigation. 7. All photographs, plans, drawings, sketches or diagrams in your possession, custody or control, or in the possession, custody or control of your attorney, your insurer, or anyone else acting on your behalf, dealing with any aspect of this litigation, including but not limited to the vehicles, instrumentalities, or accident site, involved in the accident in question which is the subject of this litigation, including injuries sustained by you. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions of your attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and those documents prepared in anticipation of litigation by your representative which would disclose the representative's mental impressions, conclusions or opinions respecting the value or merit of a claim or defense. S. All documents prepared by you, or by any insurer, representative, agent or anyone else acting on your behalf, except your attorney, during or as part of an investigation of the accident in question which is the subject matter of this litigation, including injuries sustained by you. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions of your attorney or his conclusions, opinions, memoranda, notes or summeries, legal research or legal theories, and those documents prepared in anticipation of litigation by your representative which would disclose the representative's mental impressions, conclusions or opinions respecting the value or merit of a claim or defense. INTERROGATORIES - SET II (MOTOR VEHICLE ACCIDENTS I 1. If you are a named insured under any policy of motor vehicle insurance, state the name and address of. the insurer, the policy number, your tort selection, the amount of your liability coverage, and the amount of your underinsurance coverage. ANSWER: 2. If the vehicle in which you were an occupant was insured under a policy of motor vehicle insurance, state the name' and address of the insurer, the policy number, the tort selection, the amount of liability coverage, and the amount of underinsurance coverage. ANSWER: 6. Have you at any time, or are you currently preparing or maintaining any records, notes, logs, ledgers or diaries that in any way describe your injuries, treatments or activities since the accident referred to in the Plaintiff's Complaint? a) If you answered "yes" to the above question, where are said documents located? b) If you will do so without a Motion to Compel, please attach a copy of said documents to the answers to the Interrogatories. DATE: BY: WIX'l:1tY lP At;lrneys for the Defendant t 470S-Duke- street Harrisburg, PA 17109 (717) 652-S455 - 4 - "0 '. LISA PAULEY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-2356 CIVIL 1997 LEAH W. FOREMAN, Defendant JURY TRIAL DEMANDED v. MILLER & SONS, INC, a : Pennsylvania Corporation,: Defendant DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIPP SET - I TO: LISA PAULEY; and HERBERT R. WIEMAN, JR., ESQUIRE, Attorney for Plaintiff PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of civil Procedure, Rules 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If, between the time of your Answers and the time of trial of this case, you, or anyone acting in your behalf, learn of any further information not contained in your Answers, you shall promptly furnish said information to the undersigned by Supplemental Answers. By 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-S455 Dated: June 1S, 1999 '0 " 4. If you were involved in an accident previous or subsequent to the accident complained of in this action, state where and when the accident took place; the nature and extent of your injuries and conditions resulting from such accident, including whether or not the injuries or conditions were temporary or. permanent, and the names and addresses of the doctors who attended you. ANSWER: 5. If you have ever filed an action against any person for damages for personal injuries, other than this action, state the caption of the case, including the name of the person you sued, the name of the Court, and term and number of the action. ANSWER: 6. State the names and. addresses of each employer or business for whom you have worked during the five year period preceding this accident, including the nature of your duties and the dates when you were engaged in such employment. ANSWER: 2 10. state the names, addresses and relation of any persons who are financially dependent upon you, in whole or in part for their support, giving the ages of all such persons and relationship to you. ANSWER: 11. state the names, ages, present addresses and occupations of all of your children and your spouse. ANSWER: 12. state specifically each and every area of your body that was physically injured in the accident referred to in your Complaint, including a complete description of each such injury and your present condition as to each such injury. ANSWER: 4 . ! , . 13. If you still suffer pain from any of your injuries and conditions resulting from the accident referred to in your Complaint, state specifically the frequency and nature of the pain and the injuries from which it emanates. ANSWER: 14. Set forth the manner in which any of your disabilities resulting from the accident referred to in your Complaint have or will affect your earning capacity in the future. ANSWER: 15. What is the name and last. known address. and present whereabouts, if known, of each person whom you or anyone acting in your behalf knows or believes to have witnessed said accident. ANSWER: 5 to C..: , , , , " , I .........' / :_J ~ : I i ..' \, C" , C : l,ll ,) ".- '. . . . ~ 0 ~ '" W g Z '" Cl g w ~ ... ~ ~ :s i:l ~ ~ < ~ ~ ~ E ~ ~ I w z " z IJ It C :z Z g ~ ~ w < tl U ~ ~ III on X 2 ~ ~ :t .. ..,.... J' ... . ~ ~ ~ ~ ~ ~ - '... ~ ;: . - - ~ ... ~ ;;:ii: _ 0 u ~ ~ ~ ~ . ,0 <, I I~ i""~-: c-: . - I I . , '. ,-... .. : ..-) : ; , C'-.; I . .1 .. .. I. i .. I , " I \.-- , .:) PRAECIPE FOR L1STIl'iG CASE FOR TRIAL (~IUSI be typewritten Jnd submitted in duplicJIC) TO THE PROTHOi'OT.-\RY,OF CDIBERL.-\ND COUNTY P!esse Ill! the foll~wing ~sse: (Check one) ( X) for JURY Irisl 31 the next term ~f civil ~OUrl. ( ) for tri31 wlthoUI 3 jury. ---------------------------------------------------------------------- CAPTION OF CASE (entire coptlon musI be mIld in full) (plsintiif) (check one) ( ) Allumpslt ( ) Trespall ( ) Trespsss (~lotor Vehicle) ( ) (olher) The trial list will be called on LISA PAULEY VS. LEAH W. FOREMAN and MILLER & SONS, INC. 10/9/0l and Trials commence on 1l/5/0l (Defendsnt) Pretrials will be held on lO/l7/01 . (Briefs are due 5 days before pre- trials. ) (The party listing this case for trial shall provide forthwith a copy of the p'raecipe to all counsel, pursuant to I local Rule 214-1.) , VS. :\0. C~U 97-2356 Civil 19.iL Indic3te Ihe sl:orr.ey who wi!! try csse for the p3::Y wh~ f:J~s this prsecipe: Richard H. Wix, Esq., Wix, Wenger & Weidner, 4705 Duke Street. Harrisbura. PA 17109 717-652-R455 ID #07274 Indieste Irisl counsel for olh~r pm:es if :;',own: John E. Savoth. 152R Walnut Stre..t. Suite 1900, Philadelphia, PA 19102 (2l5) 735-8780 This ~sse is rescy for 1:i31. Sisr.ed: ~,9--( -l-! 1/ o ./ ". -- PlInl Ssme: Richard H. Wix. Esa. Dm: July 30, 2001 Attorn~y for: Defendant 'I '. JOHN E. SAVOTH Allornoy-.t-Law Suite J 900 152B Walnut SUC'C'I Philadelphia, I'A 19102 (215) 735.8780 (",(215)735-5126 hvothlaW@aol,com 550 Rivervicw Road Swanhmofto pA 19081 (610) 60l.9708 (.. (610) 60l.9709 I'lwt "p" to: Philadtlphia Omet Mf.MBf.R OF PA AND NJ liAR January 10, 2002 , I The Honorable George E, IIoller President Judge Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, Penns Ivania 17013 J1~ RE: Pauley v, Foreman, 97-2356 Civil Dear u In accordance with Your Honor's Order of October 24,2001, Plaintitradvise the Court that she has not been able to conclude all of her medical testimony by the January po I deadline of January 14,2002, Based upon said Order, it is my understanding that the matter will be moved to the next civil tenn, which is March 1 I, 2002. All medicallestimony must be videotaped by March I, 2002. Should Your Honor have any questions regarding the above, please contact me at my Philadelphia office. ,~tfUllY, ( ~!~squ~e I\ttomey at Law JESllvl cc: Richard H. Wix, Esquire Court Administrator . ,..;r~ I "- In ~ <:; <": ., .- ~ ,.... ::J It.J._,' ,-ys; ()... ::'3 l:~ r.. ::c 0, "- .,. ::....:;-: co :)~ ~"7;' - ,~~ " ::c 'Jj~ " l.lliJ er:-: '~lo.; """) ~ ~!- "J ::J :_1 <:> (,) . ~ LISA PAULEY, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW V. LEAH W. FOREMAN and MILLER & SONS, INC., DEFENDANTS : 97-2356 CIVIL TERM QUESTION 1: Do you find that defendants were negligent? C"\ YES NOW If you answer Question 1 "No," plaintiff cannot recover and you should not answer any further questions and should return to the courtroom. QUESTION 2: Was defendants' negligence a substantial factor in bringing about plaintiffs harm? YES NO If you answer Question 2 "No," plaintiff cannot recover and you should not answer any further questions and should return to the courtroom. QUESTION 3: Was plaintiff contributorily negligent? YES NO If you answer Question 3 "No," proceed to Question 6. If you answer Question 3 "Yes," proceed to Question 4. " QUESTION 4: Was plaintiffs contributory negligence a substantial factor In bringing about plaintiffs harm? YES NO If you answer Question 4 "No," proceed to Question 6. If you answer Question 4 "Yes," proceed to Question 5. QUESTION 5: If you have answered "Yes" to questions 1, 2, 3, and 4, then answer the following: Taking the combined negligence that was a substantial factor in bringing about the plaintiffs harm as 100 percent, what percentage of that causal negligence was attributable to the defendants and what percentage was attributable to plaintiff? PERCENTAGE OF CAUSAL NEGLIGENCE ATTRIBUTABLE TO DEFENDANTS % PERCENTAGE OF CAUSAL NEGLIGENCE ATTRIBUTABLE TO PLAINTIFF % TOTAL 100% If you have found plaintiffs percentage of negligence to be greater than 50 percent, plaintiff cannot recover and you should return to the courtroom. . . , QUESTION 6: State the total amount of damages, if any, you find plaintiff, Lisa Pauley, sustained without reduction for the percentage of causal negligence, if any, that you have attributed to plaintiff. TOTAL $ ~? h~ 10:;2 , I ~ -/dufd? 7JZl~ For an (Date) '. :l /' t., -- (J --r ~ / - II" (::L. r:? ~ 0 r, , ' :::J. ->r-- r..:J -..-- /)J --- 3 ~- - .../ ,:-:;- c...;) 0 1 ...--:,.J --j -1/ -~ '" ~ ,.-\,.....-/ <> "---j,...--'~ ~ ~ ~~ :--S ~-) ..../'1 "- (:) .-- -\- ~ .J .-..' \ ,7 l\) ~ ~ ~ _5- ~ T 7 ..:-y- --:/ r-- ~ ,...-- --l- ...", -... , ~ --' ".- ~ \ __ _J \ !Judge _ Clerl<JProlh .0l'paWl _I COURTROOM NO,: c94 VS }y2"'Wj:'Of)rNl':2.. ~ ih~1 /Yl~Ll~S'c...., ':l:c DATE: d/II/O~ I , "- Random No, -20Y\lOU'Ull~ f r -1952838849 -1888018030 .1769634"""-.- - 0 :-' --~--_._._'_.__.._----.--- UVf _.::>> -1745223803 -1680976883 15~3521401 'P , ~143'Ylll...9 D I -1424952690 -1192103427 -1U7241JY14 CASE NO,: / ~ i;~~ ~r DOCKET NO,: 9^1- ~ ~ t'f- Jurortl Name III 'C<<DlltuI. n.U~1 N 50 Murphy, Mary.BrlRld 118 Bel'll, La rry A -t2S u'UOnnell, I homas t; 61 Krebs, Taml L 19 Hoover. Sleven P ,I FreJ',l\lI"had "96 Pasquarelle, "athleen A 87 Llvu, Elaine S 102 Lawyer, Rebecca 111 BcxnulI, waller:S .~o Weston, R IlmothY 97 Gon.. Myra F 134 Earp, David W 30 Slarner, Jeremie 32 Bailey, Hunter E Jr 116 Berrier, Becky J ...1111 LllUIlU,..Tamy J 122 Strahosky, Curol J '-l:1J Ellloe, MarvlO N 105 Myers, Ronald Lee Stern, Barbara J Leer, Ronald L Frllts, Daniel R revre, Jamie L Buller, Lisa Romb r, Wilmer L II aley, Ralph Nace, Ralph E Sr f..z. DIf -990997484 --- -954625172 -945595620 -612963069 .560440440 -523105419 _295511001 496691728 61162114114 - fl :3 808507258 849438011 9404544 102 73 158181962 1242308286 1251611307 1326566752 1454210163 1522755682 1554340321 1631591271 1897682876 5843702 M<>nMy, ~",h ii, 2002 fYl.ole>~ tJ ~ t:k.. /)~~ Pftll"hf1 Dd-. NO. 16 USA PAULEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA 97-2356 CIVIL LEAH W. FOREMAN and MILLER & SONS, INC" Defendants CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held February 20, 2002, were John E. Savoth, Esquire, attorney for the plaintiff, and Richard H. Wix, Esquire, attorney for the defendants. This litigation arises out of a motor vehicle aceidentthat occurred on May IS, 1995, at the intersection of South High Street and West Simpson Street in Meehanicsburg, Pennsylvania. Apparently believing that she had suffieienttime to cross the road safely, the plaintiff pulled from a stop sign into the path of a vehicle driven by the defendant Leah W. Foreman. There arc serious questions of liability in this case. With regard to scheduling, it should be noted that Mr. Wix has another case on the trial list. The trial of this case should be no more than three days' duration. February 20, 2002 , /14- John E. Savoth, Esquire For the Plaintiff Richard H. Wi x, Esquire For the Defendants Court Administrator I ~