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HomeMy WebLinkAbout02-6159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and CIVIL ACTION - LAW MICHAEL T. BURKE, her husband, Plaintiffs NO. V. IDABELLE DANIELS, Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed 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 LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (30) 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 objectiones 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 INMEDIATAMENTA. SI NO TIENE ABODAGO 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 253242.1LRAS~PAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband, Plaintiffs IDABELLE DANIELS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Plaintiffs Jennifer L. Burke and Michael T. Burke are adult individuals and citizens of the Commonwealth of Pennsylvania, who reside at 530 Walton Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant Idabelle Daniels is an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 109 Greenlane Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about September 28, 200t, at approximately 1:00 p.m., at 18th Street and Hummel Avenue, Camp Hill, Cumberland County, Pennsylvania, 4. At that time and place, Plaintiff Jennifer L. Burke was operating her motor vehicle, a 1998 Plymouth Voyager minivan, in an easterly direction towards Lemoyne in the center lane on Hummel Avenue. 253242.1'dL~_S~AS 5. At that time and place, Plaintiff Jennifer L. Burke was slowing and proceeding straight through the intersection on a green light. 6. At the same time and place, Defendant Idabelle Daniels was operating her motor vehicle, a 2001 Chevrolet Cavalier sedan, and was traveling in a westerly direction from Lemoyne in the left hand tuming lane on Hummel Avenue. 7. At that time and place, Defendant Idabelle Daniels, in her attempt to make a left hand turn onto 18® Street failed to yield to oncoming traffic with the right of way and caused a violent front-end collision with Plaintiff Jennifer L. Burke's vehicle. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Jennifer L. Burke and Michael T. Burke are a direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Idabelle Daniels operated her motor vehicle as follows: (a) (b) (c) (d) (e) (f) (g) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; failure to yield the right-of-way to Plaintiff Jennifer L. Burke's vehicle failure to maintain an assured clear distance to proceed through the intersection; failure to travel at a safe speed; failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; failure to keep proper and adequate control over her vehicle; failure to take reasonable evasive action to avoid the accident; 253242. I~RAtS\SSA 2 (h) (i) failure to keep proper watch for traffic on the highway; and driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, to wit, 758 Pa.C.S.A. §3322, Vehicle Tuming Left. o reference. 10. CLAIM I JENNIFER L. BURKE v. IDABELLE DANIELS Paragraphs 1 through 8 of Plaintiffs' Complaint are incorporated herein by As a result of the aforesaid accident, Plaintiff Jennifer L. Burke sustained painful and severe injuries which include, but are not limited to, post traumatic myofascial pain syndrome neck and shoulder areas, cervical radiculopathy, cervicalgia, and lumbar of the posterior strain/sprain. 11. By reason of the aforesaid injuries sustained by Plaintiff Jennifer L. Burke, she was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Jennifer L. Burke has been advised and, therefore, avers that she may be forced to incur similar expenses in the furore, and claim is made therefor. 253242.1LRAS\SSA 3 13. As a result of the aforementioned injuries, Plaintiff Jennifer L. Burke has undergone, and in the future will undergo, great physical and mental suffering, great inconvenience in carrying out her daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforesaid injuries, Plaintiff Jennifer L. Burke has sustained loss of opportunity and a permanent diminution of her eaming power and capacity, and claim is made therefor. 15. As a result of the aforesaid injuries, Plaintiff Jennifer L. Burke has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 16. As a result of the aforesaid injuries, Plaintiff Jennifer L. Burke continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 17. reference. 18. CLAIM II MICHAEL T. BURKE v. IDABELLE DANIELS Paragraphs 1 through 16 of Plaintiffs' Complaint are incorporated herein by As a result of the aforementioned injuries sustained by his wife, Plaintiff Jennifer L. Burke, Plaintiff Michael T. Burke has been and may in the future be deprived of the care, 253242. I'~RAS\SSA 4 companionship, consortium, and society of his wife, ail of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Jennifer L. Burke and Michael T. Burke demand judgmem against Defendant Idabelle Daniels in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictionai amount requiring compulsory arbitration. Date: ~i~ch~.ard~. Sadlock, Esquir"Y ~ - - - ' e '77D. No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 253242. I bRAS\SSA 5 VERIFICATION We, Jennifer L. Burke and Michael T. Burke. Plaintiffs, have read the foregoing PLAINTIFFS' COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand teat this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Witness Witness 253478.1\RAS\MLB 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, NO. 02-6159 : CIVIL ACTION - LAW : IDABELLE DANIELS Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 101'2 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Idabelle Daniels, in the above-captioned matter and mark the docket accordingly. Date: January ~,~2003 GRIFFITH, STRICKLER, LERMAN, SO~LYMOS/& CALKINS Mic~ae[B~ ~cheil~, Esquire A~omey Id. No. 63868 A~omey for the Defendant Idabelle Daniels 110 South Noffhem Way York, PA 17402 Telephone: (7!7) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, IDABELLE DANIELS Defendant NO. 02-6159 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~/%~'~day of January, 2003, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK1NS, hereby certify that I have this date served a copy of the PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire 4503 North Front Street Harrisburg PA 17110 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK1NS ., 'ch~ael~]~--~ch~ib, Esqui;e ~ Supreme Court ID No. 63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney for the Defendant Idabelle Daniels SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-06159 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BURKE JENNIFER L ET AL VS DANIELS IDABELLE 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: DANIELS IDABELLE but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 24th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep york County 33.87 .00 70.87 01/24/2003 ANGINO & ROVNER SO answe3~l~: //2 /. ~.~L.~ R. ~homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 2~ ~ day of ~ A.D. ~ ! Prothonotary YOPKTOWNE BusINEss FOMR$ · (7173 225-0363 · F-A~((717) 225-0357 ~aHd' /~/ ' -, COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTiFF/S/ Jennifer L. Burke et al 3. DEFENDANT/S/ Idabelle Daniels INSTRUCTIONS PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIES 4. TYPE OF WRIT OR COMPLAINT Notlce and CcrrrplaJ~t SEll~E { 5. NAME~F~ND~~iD~AL~~~MPANY~~~RP~RAT~~N~ET~~T~SER~E~RDEscR~PT~~N~FPR~PERTYT~BELEV~ED~ATTA~HED,~R~~LD~Idabe~~e Daniels 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY,, BORO, TWP., STATE AND ZIP CODE) AT 109 Greenlane Drive Camp Hill, PA 17011 7. INDICATE SERVICE: Q PERSONAL r~ PERSON IN CHARGE ~X~DEPUTIZE ~ w~l~E,~.]r,~¢~ Q tST CLASS MAiL -) POSTED ~ OTHER NOW January 7 ,20 03 I, SHERIFF OF.~,~,~ COUNTY, PA, do ~ereby deputize the sheriff of Ynrk COUNTY to execute thi~. ~V~~ return, the~rding to law. This deputization being made at the request and risk of the p a ntiff. *~" .~:~.~"-:":~"~":~ _.,:~7 z'r'~--''Z'~ ~ SHERIFF OF ~ ~OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY SHERIFF OUT OF COUNTY CUMBERLAND Cumberland NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff ievying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without ~iabitity on the par[ of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any properly before sheriff's sale thereof. ANGINO & ROVNER 4503 N. FRONST ST HBG PA 17110 238-6~91 I 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 BELOW FOR USE OF THE SHERIFF ~ DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ / ~- I 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. //R. AHRENS // , 1-9-03 1-26-03 16. HOW SERVED: PERSONAL (~ RESIDENCE ( / POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. 0 I hereby certi~ and return a NOT FOUND because I ar~,unable to locate the individual, company, etc. name above. (See remarks below.) ~ FJ~ME AN~rI'[LE QF INDIVIDUAL SERVEI~'~"~T ADDR~S~ F~RE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. I~te of~ervice I 20. ~me of Service 21. A"I~I-EMPTS Date ~me_~ Int. [Date ~me[MilesI ~nt. ]Date Time Miles ,nt. IDate Time Miles Int. [Date ~me ~vlilesI Int. Date 22. REMARKS: 2~. Advanc~?:t~)0 . 26. Mileage 2.00] [ 33.87 4].~-3 v l/5~'~/_ 34. Foreign County Costs 135.Advance Costs 36. Service Costs 37. Notar~,e~tO7 38. Mileage/Posted/Not Found 39. Total Costs 40. Costs Due or Refund I 16 so~. W~R 41 AFFIRMED and subscribed to before me this I ~. ~, . ,~ /,~ / li~ ~R~ -- I ~= ,~= / - ta ~uii~ Cou Shedf :' MELISSA J, 5~FFER, NO ~ A ~ .... / ~ z ~ ~ My Com~lssl ~x nl 20 2 6 ~ - /r~ - ~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband, Plaintiffs Vo IDABELLE DANIELS, Defendant CIVIL ACTION - LAW NO. 02-6159 CIVIL TERM JURY TRIAL DEMANDED IMPORTANT NOTICE TO: Idabelle Daniels and her counsel, Michael B. Scheib, Esquire DATE OF NOTICE: February 21, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT ,AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WItERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 '~~.-S'~lock, Esquire ~- I.DT~o. 47281 4' 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 257108. lX, RAS',MLB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband, Plaintiffs IDABELLE DANIELS, Defendant CIVIL ACTION - LAW NO. 02-6159 CIVIL TERM JURY TRIAl, DEMANDED NOTICIA IMPORTANTE TO: Idabelle Daniels and her counsel, Michael B. Scheib, Esquire DATE OF NOTICE: February 21, 2003 USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECttA DE ESTA NOTICIA, ES POSBILE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Richard/,A'7. S adlock, Esquk~ I.D. 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 257108.1XRAS~VlLB CERTIFICATE OF SERVICE. I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a tree and correct copy of 10-DAY NOTICE OF DEFAULT on the following via postage prepaid, first class United States mail, addressed as follows: CERTIFIED MAIL RETURN RECEIPT REQUESTED. Michael Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Marcy L. }~rymesJe,./' Date: February 21, 2003 257108. lX~RASX/vlLB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, IDABELLE DANIELLS Defendant NO. 02-61 59 CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Jennifer Burke and Michael Burke c/o Richard A. Sadlock, Esquire Angino & Rover 4503 North Front Street Harrisburg PA 17110-1708 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: BY GRIFFITH, STRICKLER, LERMAN, / Michael B. Scheib, Esquire Attorney for Defendant Supreme Court I.D. # 63868 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, IDABELLE DANIELLS Defendant NO. 02-6159 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT DANIELL$ COME NOW, Defendant Daniells by and through her .attorneys Griffith, Strickler, Lerman, Solymos & Calkins in response to the allegations in Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 1 of the Complaint and same are denied and strict proof thereof is demanded. 2. 3. 4. Admitted. Ms. Daniells resides in York County Admitted. Admitted in part and Denied in part. It is admitted that Plaintiff was operating a van and heading east. The remaining allegations are denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 4 of the Complaint and same are denied and strict proof thereof is demanded. 5. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 5 of the Complaint and same are denied and strict proof thereof is demanded. 6. Admitted. 7. Admitted in part and Denied in part. It is admitted that the vehicles came into contact with one another. The remaining allegations are de,hied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 7 of the Complaint and same are denied and strict proof thereof is demanded. 8. Denied. This paragraph states a legal conclusion to which no response is required. It is specifically denied that Defendant Daniells was negligent because of her: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) failure to yield the right-of-way to Plaintiff Jennifer L. Burke's vehicle; (c) failure to maintain an assured clear distance to proceed through the intersection; (d) failure to travel at a safe speed; (e) failure to drive her vehicle with due regard for 'the highway and traffic conditions which were existing and of which sl~e was or should have been aware; (f) failure to keep proper and adequate control over her vehicle; (g) failure to take reasonable evasive action to avoid the accident; (h) failure to keep proper watch for traffic on the highway; and (i) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless; disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, to wit, 758 §Pa.C.S.A. 3322, Vehicle Turning Left. On the contrary, at all times relevant, Defendant acted in a lawful, careful, safe and prudent manner and with due care as required by the circumstances. CLAIM I JENNIFER L. BURKE v. IDABELLE DANIELLS 9. Paragraphs 1 through 8 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length. 10. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, thE; allegations are denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 10 of the Complaint and same are denied and strict proof thereof is demanded. 11. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, answering Defendant is 'without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 11 of the Complaint and same are denied and strict proof thereof is demanded. 12. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, answering Defendant is ~vithout knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 1 2 of the Complaint and same are denied and strict proof thereof is demanded. 13. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 13 of the Complaint and same are denied and strict proof thereof is demanded. 14. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 14 of the Complaint and same are denied and strict proof thereof is demanded. 15. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 1 5 of the Complaint and same are denied and strict proof thereof is demanded. 16. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the allegations are denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 16 of the Complaint and same are denied and strict proof thereof is demanded. WHEREFORE, Defendant Daniells respectfully requests this Honorable Court to enter judgment in her favor, together with the costs of this lawsuit. CLAIM II MICHAEL T. BURKE v. IDABELLE DANIELLS 1 7. Paragraphs 1 through 1 6 of Defendant's Answer With New Matter are incorporated herein as though fully set forth at length. 18. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, the. allegations are denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 10 of the Complaint and same are denied and strict proof thereof is demanded. WHEREFORE, Defendant Daniells respectfully requests this Honorable Court to enter judgment in her favor, together with the costs of this lawsuit. By way of further defense: NEW MATTER 1 9. Paragraphs 1 through 1 $ of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length. Plaintiff's injuries, if any, may be caused by the actions of a third party over whom Defendant had no control. 21. Plaintiff's injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 22. Plaintiff's injuries, if any, were caused by her own contributory and/or comparative negligence. 23. If Plaintiff has selected the limited tort option, then she may not have a basis to file a lawsuit. 24. Plaintiff's injuries, if any, may be barred or limited by the Motor Vehicle Financial Responsibility Law. 25. Plaintiff has not incurred any out of pocket medical expenses. 26. Plaintiff has not incurred any out of pocket wage expenses. WHEREFORE, Defendant Daniells respectfully requests this Honorable Court to enter judgment in her favor, together with the costs, of this lawsuit. GRIFFITH, STRICKLER, LERMAN? ~f Mich~el~] ~eib', 6squire Supreme Court ID No. 63868 Attorney for Third-Party Defendant Wonders 110 South No,hem Way York, Pennsylvania 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, IDABELLE DANIELLS Defendant NO. 02-6159 : CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this f February 2003, I, Michael B. S¢:heib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Order by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino & Rover 4503 North Front Street Harrisburg PA 17110-1708 GRIFFITH, STRICKLER, LEP~A~I,/? Michae~ ~ ~cheii~, Esqufr~ ' Supreme Court ID No. 63868 Attorney for Third-Party Defendant Wonders 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 VERIFICATION I verify that the foregoing facts are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: IDABELLE DANIELLS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and CIVIL ACTION - LAW MICHAEL T. BURKE, her husband, Plaintiffs IDABELLE DANIELS, Defendant NO. 02-6159 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW come the Plaintiffs, by and through their attomeys, Angino & Rovner, P.C., and hereby enter the following Reply to the New Matter of Defendant as follows: 19. Defendant's averment does not require a responsive pleading. 20. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendant's averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 21. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiffs' injuries and damages were caused by Defendant herein and neither predate or postdate the motor vehicle accident which is subject of this lawsuit. 254971.1U1ASkMTG 22. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff was not negligent in any way. All of Plaintiffs injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 23. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, il: is hereby specifically denied. By way of amplification, the Plaintiff selected the full tort option on her policy and is, therefore, entitled to maintain an action for non-economic losses. Further, Plaintiff did suffer a serious injury. 24. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiffs' injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiff may recover herein. 25.-26. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed, factual, it is hereby specifically denied. By way of amplification, Plaintiffs may have incurred out-of-pocket wage and medical expenses in addition to their other losses including but not limited to pain and suffering and loss of consortium. 254971.1 hRAShMTG WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in their favor against the Defendant. ANGINO & ROVNER, P.C. Date: March 18, 2003 Richard A I.D. No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaimiffs 254971.1LRAS~/ITG COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN . SS. I, Richard A. Sadlock, Esquire, being duly sworn according to law, depose, and state that I am counsel for Plaintiffs, that I am authorized to make this Affidavit on behalf of said Plaintiffs and that the facts set forth in the foregoing PLAINTIFFS' REPLY TO NEW MATTER are true and correct to the best of my knowledge and belief· Sworn to and subscribed before me this 18th day of Mal~lh, 20?,3. Public ~~'-'~ Richard A. 202811.1LRAShMLB .,CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' COMPLAINT on the following via postage prepaid, first class United States mail, addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Date: March 18, 2003 Marby L. B~messer ~/ 254971.1LRAShMTG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband, Plaintiffs Vo IDABELLE DANIELS, Defendant CIVIL ACTION - LAW NO. 02-6159 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THEPROTHONOTARY: Please substitute the attached Verification signed by Jennifer L. Burke and Michael T. Burke for the Attorney Affidavit filed with Plaintiffs' Reply to New Matter on March 19, 2003. Respectfully submitted, Richar~d'~l~-. Esquire I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: March 21, 2003 254971.1 ~L~kS'dVITG VERIFICATION We, Jennifer L. Burke and Michael T. Burke. Plaintiffs, have read the foregoing PLAINTIFFS' REPLY TO NEW MATTER and do hereby swear or affirm that the facts set forth in the foregoing are tree and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Wimess Dated: 7;~nni~'e~ l~urke Michael T. Burke 253478.1 ~L~kS~ILB CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PRAECIPE on the following via postage prepaid, first class United States mail, addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Date: March 21, 2003 tv~arcy L. Brymesser Mt 254971.1hx~AS~MTG 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband, Plaintiffs Vo IDABELLE DANIELS, CIVIL ACTION - LAW NO. 02-6159 CIVIL TERM JURY TRIAL DEMANDED Defendant PLAINTIFFS' MOTION TO COMPEL DISCOVERY RESPONSES OF DEFENDANT Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., respectfully move this Honorable Court to compel Defendant Idabelle Daniels to file full and complete answers to Plaintiffs' Interrogatories and Request for Production of Documents for the following reasons: 1. The instant action was commenced by the filing of a Complaint on December 28, 2002, with service made on Defendant Idabelle Daniels on January 14, 2003. 2. On January 23, 2003, Plaintiffs forwarded to Defendant Idabelle Daniels Interrogatories and Request for Production of Documents. A copy of these discovery requests are attached hereto as Exhibit A. 3. On March 28, 2003, Plaintiffs' counsel sent correspondence to Defendant's counsel requesting responses to the discovery requests. 4. As of the date of this Motion, Defendant Idabelle Daniels has failed to respond to Plaintiffs' Interrogatories and Request for Production of Documents. 258657. lxSLASWILB 5. All of the discovery sought by Plaintiffs through their Interrogatories and Request for Production of Documents is relevant to the instant action. 6. Our Rules of Civil Procedure provide for the liberal granting of discovery. 7. Defendant Idabelle Daniels has failed to comply with the discovery as required by Pa.R.C.P 4005 and 4006. 8. Defendant Idabelle Daniels has had more than ample time to respond to Plaintiffs' discovery requests. 9. Pa.R.C.P. 4019 provides that upon motion of a party, the Court can make an appropriate order when a party "fails to make discovery." Pa.R.C.P 4019(a)(viii). 10. Plaintiffs, therefore, believe that answering all of Plaintiffs' discovery requests would not burden or oppress Defendant Idabelle Daniels. 11. Plaintiffs are represented by Richard A. Sadlock, Esquire of the firm of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 12. Defendant Idabelle Daniels is represented by Michael B. Scheib, Esquire, Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern Way, York, PA 17402-3737, (717) 757-7602. WHEREFORE, Plaintiffs respectfully request that this Honorable Court order Defendant Idabelle Daniels to respond to Plaintiffs' Interrogatories and Request for Production of Documents. Plaintiffs further request that should Defendant fail to comply with the Court Order, then Defendant should be prohibited from presenting any testimony at the trial of this matter, precluded from 258657.1 ',,R AS'uMLB entering defenses to Plaintiffs' claims at trial, required to pay Plaintiffs' attomey's fees and costs associated with the instant Motion and such other sanctions as the Court deems appropriate. ANGINO & ROVNER, P.C. Date: April 11, 2003 A. Sadlock, I.D. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 258657.1LRASWILB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband, Plaintiffs Vo ~,IDABELLE DANIELS, Defendant CIVIL ACTION - LAW NO. 02-6159 CIVIL TERM JURY TRIAL DEMANDED ORDER AND NOW, this t ~' day of ~'/ ,2003, after due consideration of the attached Motion to Compel Discovery Responses of Defendant to Plaintiffs' Interrogatories and Request for Production of Documents, it is hereby Ordered that Defendant Idabelle Daniels provide the requested responses within 2o days of service of this Order or show cause why such answers and documents are being withheld. Failure to comply with this Order will result in sanctions as provided by Pa.R.C.P. 4019. BY THE COURT: /' Jo 258657.1LRASWILB IN THE COURT OF COMMON PLEAS OF.CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, IDABELLE DANIELLS Defendant NO. 02-6159 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY RESPONSES OF DEFENDANT Defendant Daniells, by and through her Attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, files this response to Plaintiffs' Motion to Compel. 1. Admitted. 2. Admitted. 3. Admitted. It is further admitted that defense counsel sent Attorney Sadlock a letter dated March 31, 2003. In the letter defense counsel stated that he would need additional time to respond to the discovery request. He also indicated that he would provide discovery responses by the end of April, 2003. A copy of this letter is attached hereto as Exhibit "A". 4. Denied. In a letter dated March 31, 2003, defense counsel asked for additional time. 5. This paragraph states a legal conclusion. Hence, no response is required. required. This paragraph states a legal conclusion. Hence, no response is 7. Denied. In a letter dated March 31, 2003, defense counsel requested additional time because his client was having difficulty with the answers. 8. Denied. .See Exhibit "A" which is the letter to plaintiffs' counsel dated March 31, 2003. required. Denied. This paragraph states a legal conclusion. Hence, no response is 10. Denied. required. This paragraph states a legal conclusion. Hence, no response is 11. Admitted. 12. Admitted. WHEREFORE, Defendant states that there was no basis for Plaintiffs' Motion. In further defense, it appears that Plaintiff's Motion is motivated by other reasons. On April 10, 2003, Attorney Sadlock sent a letter to defense counsel. The language contains vulgar language. The Motion to Compel was filed the day after this letter. Attorney Sadlock's letter dated April 10, 2003, is attached hereto as Exhibit "B". It appears that Plaintiff's Motion to Compel the day after this letter was sent. Motion to Compel should be denied because Plaintiff's counsel has been unreasonable by not granting an extension of time. In addition, Plaintiffs' counsel has used vulgar and unprofessional language. The Court should not condone this kind of conduct by members of the bar. WHEREFORE, Defendant requests this Honorable Court to deny the Motion to Compel. Date: April ,2003 GRIFFITH, STRICKLER, LERMAN, BY so. .o Michaei B: Scheib, Esquire Attorney Id. No. 63868 Attorney for the Defendant Idabelle Daniels 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ* MICHAEL B. SCHEIB* ROBERT H. GRIFFITH - OF COUNSEL *Also Member MD Bar 'LL.M (Taxation); also Member CT Bar *Also Member NY and D,C. Bars YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: info~m_ Michael B. Scheib's EMAIL: ~ ANN MARGARET GRAB THOMAS B. SPONAUGLE KRIST! A. GOHN PATRIClA J. BARTKOWIAK March 31, 2003 Richard A. Sadlock, Esquire Angino & Rovner 4503 North Front Street Harrisburg PA 17110-1708 COpy RE: Burke v. Daniell-~ York Co. CCP No.' 02-6159 Civil Dear Richard: I am in request of your letter dated 3/28/03. I will need some additional time to respond to the discovery requests. My client is having difficulty with some of the questions. I will provide you the discovery responses by the end of April 2003. Thus, you may consider this a request for additional time. In light of the reasonableness of my position, I trust that this is acceptable to you. Very truly yours, MICHAEL B. SCHEIB MBS/nss ANGINO & RC, d' ER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1708 717/238-6791 FAX 717/238-5610 WWW.ANGINO-ROVNER. COM E-MAIL: RSADLOCK@ANG INO-ROVNER. COM RICHARD C. ANOINO NEILJ. ROVNER JOSEPH M. MEI. ILLO TERRY S. HYMEN DAVID L. LLrrz MICHAEL E. KOSIK RICHARD A, SADLOCK JOSEPH M. DORIA J~F.S DECnvri Joe L ~ LIs~ M. BEmlI~ April 10, 2003 Michael B. Scheib, Esquire Griffith, Slriclder, Leman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 COpy Re: Dear Mike: .Burke v. Daniels Cumberland Co. CCP No.: 02-6159 Civil A copy of the Declaration Page was provided to you by letter dated March 19, 2003. Further, in response to your letter dated April 4, 2003, it takes a lot of balls for you to request supplemental discovery responses when you have yet to answer my discovery. RAS/mlb 255980. I LRASLMMM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, IDABELLE DANIELLS Defendant NO. 02-6159 CIVIL ACTION - LAW JURY TRIAL DEMANDED GRIFFITH, STRICKLER, LERMAN/" / / Michac~l B. Schei~'Esquire Supreme Court ID No. 63868 110 South Northern Way York, PA 17402 Telephone:(717)757-7602 Attorney for the Defendant Idabelle Daniels Richard A. Sadlock, Esquire 4503 North Front Street Harrisburg PA 17110 (Attorney for Plaintiffs) CERTIFICATE OF SERVlCF AND NOW, this ,~ ~,Z~ day of April, 2003, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY RESPONSE OF DEFENDANT by United States Mail, addressed to the party or attorney of record as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, IDABELLE DANIELLS Defendant NO. 02-6159 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S RESPONSE TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENT 1. See Attached. 2. See response No. 1. 3. No statements. 4. No investigative reports. 5. Expert witnesses have not been identified as this time. This answer will be supplemented pursuant to the Pennsylvania Rules of Civil Procedure and the local County Rules. 6. See response No. 5. 7. The discoverable portion of the carrier's file is attached hereto. $. See response No. 7. 9. See response No. 7. 10. No statements. 1 1. See response No. 10. 12. Objection. It is unclear what information Plaintiff is requesting with this respect. Without waiving the objection Defendant states that the discoverable portion of the carrier's file is attached hereto. 13. See response No. 5. 14. Trial exhibits have not been identified at this time. This answer will be supplemented pursuant to the Pennsylvania Rules of Civil Procedure and the local Rules. 15. Photocopies of photographs are not contained in the carrier's file. See Response No. 7 16. See Response No. 7. 17. See the carrier's file. In addition discovery is not concluded. Defendant has not concluded any and all defenses might she may assert at the time of trial. In conjunction with this, Plaintiffs should be prepared to prove each and every element of its case. 18. None at this time. Date: April 003 BY GRIFFITH, STRICKLER, LERMAN, SOLYMOS~& CA~.KINS ~ / /~ Mic~a(~l ~: Sch~ib-, Esquir~v Attorney Id. No. 63868 Attorney for the Defendant Idabelle Daniels 110 South Northern Way York, PA 17402 Telephone:(717)757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, IDABELLE DANIELLS Defendant NO. 02-6159 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this CERTIFICATE OF SERVICE day of April, 2003, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the DEFENDANT'S RESPONSE TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire 4503 North Front Street Harrisburg PA 17110 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, / ~?? / SOLYM ~AJ , BY ; Michael B. Scheib, Esquire Supreme Court ID No. 63868 110 South Northern Way York, PA 17402 Telephone:(717)757-7602 Attorney for the Defendant Idabelle Daniels IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, IDABELLE DANIELLS Defendant NO. 02-6159 CIVIL ACTION - LAW JURY TRIAL DEMANDED Drive, Camp Hill, Pennsylvania. 2. 3. 4. 5. DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES TO DEFENDANT Name is Idabelle Daniells. Date of birth 4/7/1925. 109 Greenlane Not employed. Widow. See the report from Lower Allen Township Police Department. Not applicable. No witnesses. Trial witnesses have not been identified at this time. It is anticipated that the Defendant may call the parties. It is also possible that Defendant will send Plaintiffs for an IME and will call the physician who performs the IME to testify at the time of trial. This answer may be supplemented pursuant to the Pennsylvania Rules of Civil Procedure and the local Rules. 6. No. 7. Not aware of any. 8. Not applicable. 9. See dec sheet attached to Defendant's Response to Request for Production of Documents. 10. Expert witnesses have not been identified at this time. This answer will be supplemented pursuant to the Pennsylvania Rules of Civil Procedure and local Rules. If Plaintiff is sent for an IME, the physician who performs the IME may be called as an expert witness. years. 11. See answer to No. 10. 12. Camp Hill area. 13. Returning home from Karns grocery store. 14. Familiar with intersection. Lived in the area for more than twenty (20) 15. Overcast, damp and slightly windy. 16. Making a left hand turn onto 18th Street. 17. Did not see Plaintiff until impact. 18. Defendant was making a left hand turn. She checked for traffic before beginning to make the turn. She did not see anything coming, thus, she began to turn. Defendant suspects Plaintiff was traveling at an excessive rate of speed. 19. Yes. See answer to interrogatory No. 18. be supplemented at the conclusion of discovery. 20. No. 21. 22. 23. In addition, this answer may No, No. No, Defendant is not aware of any eyewitnesses to the accident. 24. A. Pennsylvania. B. License was renewed in April, 2003. C. The license number is 05581983. D. No. 25. Not applicable. 26. Not applicable. 27. Defendant wore glasses for reading. She was not wearing them at the time of the accident. The glasses were originally prescribed by Dr. Kocevar. 28. No. 29. No. 30. No. 31. No. 32. No. 33. No. 34. No. 35. Trial exhibits have not been identified at this time. This answer will be supplemented pursuant to the Pennsylvania Rules of Civil Procedure and local Rules. 36. 37. The police department considered this to be a non-reportable accident. No. 38. No. Date: April ~,~2003 GRIFFITH, STRICKLER, LERMAN, / SOLYMOS & C,~LKINS , / BY . _. . , ~ MiChael B. S~he~b, Esquire Attorney Id. No. 63868 Attorney for the Defendant Idabelle Daniels 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, IDABELLE DANIELLS Defendant NO. 02-6159 CIVIL ACTION - LAW JURY TRIAL DEMANDED 'd CERTIFICATE OF SERVICE AND NOW, this ,: ay of April, 2003, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES TO DEFENDANT by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire 4503 North Front Street Harrisburg PA 17110 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, Mich~aeJ B. Sch~ib, Esquire Supreme Court ID No. 63868 110 South Northern Way York, PA 17402 Telephone:(717)757-7602 Attorney for the Defendant Daniels Idabelle VERIFICATION I verify that the foregoing facts are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: IDAI~ELLE DANIELLS 1N THE COURT OF COMMON ]?'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband, Plaintiffs IDABELLE DANIELS, Defendant CIVIL ACTION - LAW NO. 02-6159 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' PETITION FOR STATUS CONFERENCE AND NOW, come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., to respectfully request Your Honorable Court to schedule a Status Conference in order to establish discovery deadlines and a trial date. In support for said request, Plaintiffs aver as follows: 1. 2. 3. This case arises out of a motor vehicle accident occurring on September 28, 2001. Plaintiffs filed a Complaint on December 28, 2002. Plaintiffs served Interrogatories and Request f6r Production of Documents on Defendant on January 23, 2003, with responses being served on April 30, 2003. 4. Defendant served Interrogatories and Request for Production of Documents on Plaintiffs on February 14, 2003. Plaintiffs served a Response to the Request for Production of Documents on March 5, 2003, and Answers to Interrogatories on March 24, 2003. 5. The deposition of the Defendant is scheduled for August 14, 2003. To date, Defendant has not scheduled the deposition of Plaintiffs. 6. Defendants have done little to further the discovery process. 263064A ~,ASLMLB 7. Plaintiffs are represented by Richard A. Sadlock, Esquire of the firm of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 8. Defendant is represented by Michael B. Scheib, ]:',squire, Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northem Way, York, PA 17402-3737, (717) 757-7602. WHEREFORE, Plaintiffs respectfully request Your Honorable Court to schedule a Status Conference for the purpose of establishing discovery deadlines, exchange of expert reports and a trial date. 4503 N. From Street Harrisburg, PA 171 I0 (717) 238-6791 Counsel for Plaintiffs Date: July 10,2003 263064.1 ~RAS~vlLB CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a tree and correct copy of PLAINTIFFS' PETITION FOR STATUS CONFERENCE on the following via postage prepaid, first class United States mail, addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northem Way York, PA 17402-3737 Date: July 10, 2003 263064.1 ~u~AS ~VILB 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband, Plaintiffs IDABELLE DANIELS, Defendant CIVIL ACTION - LAW NO. 02-6159 CIVIL TERM JURY TRIAL DEMANDED ORDER ANDNOW, this /'7~ dayof 9.t~_ ,2003, upon consideration of Plaintiffs' Motion for a Status Conference, it is hereby ORDERED and DECREED that a Status Conference is scheduled for ~¢:};~ £A~ ~ ~ ,2003 at ~; 6r70 / o'clock?~.m. in Courtroom # ~7/ BY THE COURT: 263064.1 ~RAS\MLB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband Plaintiffs, IDABELLE DANIELL$ Defendant NO. 02-6159 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ANDNOW, this il-~ day of August, 2003, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Taking Depositions by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire 4503 North Front Street Harrisburg PA 17110 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAI~ .so Michael B. S~heib, Esquire Supreme Court ID No. 63868 110 South Northern Way York, PA 17402 Telephone:(717)757-7602 Attorney for the Defendant JENNIFER L. BURKE, and : MICHAEL T. BURKE, her husband,: Plaintiffs : VS. IDABELLE DANIELS, Defendant IN THE COURT F COMMON PLEAS OF O ~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~ CIVIL IN RE: STATUS CONFERENCE ORDER AND NOW, this Z~ day of September, 2003, following conference with counsel in chambers, it is directed that discovery in this matter be concluded no later than October 24, 2003. Following October 24, 2003, the plaintiffs shall be authorized to list this matter for arbitration. Nothing herein shall preclude further discovery, including a request for an independent medical examination, in the event that there should be an appeal from the arbitration. BY THE COURT, Richard A. Sadlock, Esquire For the Plaintiffs Michael B. Scheib, Esquire For the Defendant :tim Hess, J. XLNNO,.q ft?~n~Jg~Y~,rY3 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and CIVIL ACTION - LAW MICHAEL T. BURKE, her husband, Plaintiffs NO. 02-6159 CIVIL TERM V. IDABELLE DANIELS, Defendant JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard A. Sadlock, Esquire, counsel for the Plaintiffs in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the Plaintiff in the action is $ o~ff/tO~f~ The counterclaim of the Defendant in the actiofiis $ The following attorn~eys are interested in the case(s) as counsel or otherwise disqualified to sit as arbitrators: ~/~~ ~, ~ WHEREFORE, your Petitioners pray Your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, this,,~ ~day of petition, ~.~.~ ~~ captioned action (or actions) as prayed for. ~ire ORDER OF COURT ~ ,2003, in consideration of the foregoing , Esq. are appointed arbitrators in the above- BY THE ~ : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (~Z'--6t~-~ ,_~[~f[. TERM OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ~_~~~_ -- AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) · Arbitrator, dissents. (insert name ifappl, Date of Award: NOTICE OF ENTRY OF AWARD Now, the ,.26, _*F day of ~)~a,~J,~ ,20 ~) t/, at ~/: fi, Z, ff~ .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Artibitrators'compensation to be (0.~ /~ p~.~, ~. Paid upon appeal: Prothonotary $ 290.00 By: ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. BURKE and MICHAEL T. BURKE, her husband, Plaintiffs IDABELLE DANIELS, Defendant CIVIL ACTION - LAW NO. 02-6159 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued and issue a Certificate of Settlement. ANGINO & ROVNER, P.C. Date: cc2 June 4, 2004 Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 .D. No. 4 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs ulre 276939-1