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'~'-;;':'. .,-;;'~-:-: :', -i' - '1~;:-, -I!:': '.-;... "_~'_,~'J::i' 'Co.,-: -..;;~E~~T;: .. - -- .-- .... . ....... --- -.-. ~xe~unty, 5S: Commonweallh of Pennsylvania To the Shertll 01 ..Id County, Q","~: To Brandon David Mitchem ' 71 0 S. Bro''ad'st"reEIE''----- ,--,' Defendant Mechanicsburg, PA 17055 You are notified Ihat--.._,_..MJl~l.JJ.Qki.llD_llllil~u:'llJokien the plalnllll(s), ha.ve. commenced an acllon ..._.,at...lAIL______.__. against you, Date September , 1997 SEAL OF THE COURT UUNllSlltllfl'( Prothonotary By Deputy - MP'll. "'\-:i,,""'ihF,,',il~t_'.J~A -, , - .:~~~ , ~~..- ., . . ,.,l -- .- t, . "" I' " , , ," , I , I , I, , .. I, , . , , t'. . M . \, . .. , , 'B~ . U! J jj! J n~ J. . ~ ' Ii. " 11'I .1iI 11'I i I I J . ~ Ij jj~~ _ i! I ! fJ~ ~r I J! r to'). -Me I ,gClOII'I ~~j I N~ I OJ ~ J~ ; I , . ,I en U" - ! I ' I, ' " 1< '. , ,t, ! " I, , , , , , , " , i~: L{l, r.~ ('-. i~ "~'~..J , lJ-,I, , '. l,.li' .-," \,f.., ~-..:.. I '-,1t '('. L-J'Y ~. I,!.."', ,,\,.' !,;,.Jl, I ,1'.1 U, C.:' '.1 ~:_ :' " , c... If'- r' d u C', 'I' " , , , , ii' " j, I, Kingston, Cumberland County, Pennsylvania, 4. Defendant, BRANDON DAVID MITCHEM, is an adult individual whose last known address is 710 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania. 5. Defendant, CHARLES W, DAVIS, is an adult individual whose last known address is 3450 Valley Road, Marysville, Perry County, Pennsylvania, 6. At all timeB relevant hereto, the Defendant, BRANDON DAVID MITCHEM, was the operator of a 1995 Ford E350 Ambulance (hereinafter "Ambulance") owned and maintained by the Defendants, SILVER SPRING AMBULANCE AND RESCUE ASSOCIATION, INC., and/or SILVER SPRING AMBULANCE AND RESCUE ASSOCIATION (hereinafter "SILVER SPRING"). 7. At all times relevant hereto, the Defendant, BRANDON DAVID MITCHEM, operated the aforesaid Ambulance as the agent, servant, workman, and/or employee of the Defendants, SILVER SPRING, for and on behalf of the Defendants, SILVER SPRING, and with the express permission and consent of the Defendants, SILVER SPRING. 8. At all times relevant hereto, the Defendant, CHARLES W. DAVIS, was the owner and operator of a 1992 Dodge Ram Truck bearing Pennsylvania RegiBtration No. ZB-85233. 9. At all times MARGARET HOKIEN, was Ambulance. relevant hereto, a passenger in the Plaintiff, the aforesaid 10. On October 7, 1995, at approximately 8tOO p.m., Ambulance was proceeding in a northerly direction on Route 11 with its emergency flashing red lights, at which time, it approached the intersaction of SR 114 and SR 11. 11. Also on the aforesaid date, and at the aforesaid time and place, the Defendant, CHARLES W. DAVIS, was operating the aforeBaid 1992 Dodge Ram Truck in a westerly direction on the said SR 114 near the interBection of the said SR 114 and SR 11. 12. While the DAVIS vehicle proceeded through the intersection of SR 114 and SR 11 pursuant to a green traffic Bignal, it collided with Ambulance, which had stopped for a red traffic signal for northbound motorists traveling on SR 11 but which thereafter entered into the aforesaid intersection contrary to the red traffic signal but with its emergency lights flashing. 13. As a result of the negligence, careleBsness, and recklessneBs of all of the above-named Defendants, as hereinafter alleged, the Plaintiff, MARGARET HOKIEN, sustained the following injuries: a. Chronic lumbosacral sprain/strain; b. Chronic myofasial pain consistent with fybromyalgia; c. Cervical sprain/strain; d. Aggravation of pre-existing degenerative disc disease I .and e. Right paramedian disc protrusion of the level of C5-6. 14, As a further result of the negligence, carelessness, and recklessness of the above-named Defendants, aB hereinafter alleged, the Plaintiff, MARGARET HOKIEN, was rendered sick, sore and disabled, and she sustained serious physical and mental pain and discomfort, thereby causing her to undergo medical care and treat.ment. 15. As a further result of the negligence, carelessness, and reckleBsneBs of the above-named Defendants, as hereinafter alleged, the Plaintiff, MARGARET HOKIEN, has been obliged to receive and undergo medical attention and care and to incur various bills and expenses, and she may in the future, for an indefinite period of time, continue to be obliged t.o incur similar such bills and expenses. 16. AB a further result of the negligence, carelessness, and recklessneBs of the above-named Defendants, as hereinafter alleged, the Plaintiff, MARGARET HOKIEN, has suffered a 10BB of earnings and an impairment of her earning capacity and power, and may in the future, for an indefinite period of time, continue to suffer and sustain a similar loss of earnings and/or impairment of her earning capacity and power. 17. As a further resul t of the negl igence, carelessness, and recklessness of the above-named Defendants, as hereinafter alleged, the Plaintiff, MARGARET HOKIEN, has sustained a loss of the everyday pleasures and enj oyments of life and may in the future, for an indefinite period of time, continue to suffer and sustain a Bimilar loss of the everyday pleasures and enjoyments of life. 18. As a further reaul t of the ne9l igence, carelessness, and recklessness of the above-named DefendantB, as hereinafter alleged, the Plaintiff, MARGARET HOKIEN, sustainp.d serious mental anguish and distress, and may in the future, for an indefinite period of time, continue to Duffer and sustain similar serious mental anguish and distress. 19. As a further result of the negligence, carelessness, and reckleBsnees of the above-named Defendants, as hereinafter allegec1, the Pla,intHf, MARGARET HOKIEN, suffered and sustained serious embarrassment and humiliation and may in the future, for an indefinite period of time, continu'l to suffer and sustain similar embarrassment and humiliation. proceeded into the intersection without first ascertaining that made with safety; d. Failed to grant the right-ot-way to the DAVIS vehicle which was traveling in a westerly direction in accordance with a green traffic signal; e. Failed to keep and maintain a proper lookout for other vehicles lawfully using said roadway and allowing his attention to be distracted from the road ahead and traffic thereon; f. Failed to observe the DAVIS vehicle which was proceeding through the intersection pursuant to a green traffic signal for west-bound motorists on SR 114; g. Failed to have Ambulance und'lr proper and adequate control so it could be readily stopped, turned aside or the speed thereof slackened on the appearance of danger; of SR 114 and SR 11 said movement could be h. Failed to apply his brakes earlier as he entered the aforesaid intersection; i. Failed to apply his brakes earlier in response to the DAVIS vehicle which was proceeding through the intersection pursuant to a green traffic signal for west-bound motorists on the said SR 114; j. Failed to exercise due care and caution under all of the then-existing circumstances in that said Defendant did, in fact, observe the red traffic signal for north-bound motorists traveling on the Baid SR 11 but nevertheless, pr.oceeded into the intersection without first properly ascertaining that said movement could be made with safety and with due regard for the rights and welfare of all of the Defendants' passengers including, but not limited to, the Plaintiff, MARGARET HOKIEN; k. Failed to have the Ambulance under. proper and adequate control so as to be able to stop in sufficient time prior to striking the DAVIS vehicle; 1. Failed to operate an emergency vehicle with due regard for the safety of all persons including, but not limited to, the Plaintiff, MARGARET HORIEN; m. Failed to utilize both audible and visual signals, thereby failing to adequately warn other drivers and persons lawfully on the roadway; and n. Violated the Motor Vehicle Code of the Commonwealth of PennBylvania, as more particularly Bet forth in Subparagraphs a through m, inclusive, as alleged hereinbefore. WHEREFORE, the Plaintiff, MARGARET HOKIEN, demands damages from the Defendants, SILVER SPRING AMBULANCE and RESCUE ASSOCIATION, INC.; SILVER SPRING AMBULANCE AND RESCUE ASSOCIATION, and BRANDON DAVID MITCHEM, for an amount in excess of the sum of Twenty Thousand ($20,000.00) Dollars, plus costs and interest. This COTJN'l' III MARGARIT HOKIIN, Plaintiff v.. CHARLBS W. DAVIS, Defendant 24. Plaintiff, MARGARET HOKIEN, incorporates herein tne aliegations get forth in ParagraphB 1 through 19, inclusive, with the same force and effect as originally set forth hereinbefore. 25. The aforesaid collision and resultant injuries and damages sustained by the Plaintiff, MARGARET HOKIEN, were caused by the negligence, carelessness, and reckleBsneBB of the Defendant, CHARLES W. DAVIS, in that said Defendant: a. Failed to operate the aforesaid vehicle on the roadway at a careful and prudent speed; b. Proceeded through the green light for west-bound motorists on SR 114 even though said Defendant knew, or by the exercise of reasonable care and caution should have known, that Ambulance was proceeding though the intersection with flashing lights; c. Failed to have the aforesaid vehicle under proper and adequate control as to be able to stop in Bufficient time while proceeding through the intersection in response to Ambulance; d. Failed to grant the right-of-way to Ambulance, which was being operated in accordance with emergency procedures authorize~ by the Pennsylvania Motor Vehicle Code and particularly, Section 3105 (b), thereof, set forth at 75 Fa.C.S.A. Section 3105(d); e. Failed to keep and maintain a proper lookout for other vehicles lawfully uBing said roadway and allowing his attention to be diBtracted from the road ahead and traffic thereon, and thereby failing to observe Ambulance; f. Failed to observe Ambulance in sufficient time to avoid striking same; g. Failed to have the vehicle under proper and adequate control so it could be readily Btopped, turned aside or the speed thereof slackened on the appearance of danger; h. Failed to apply his brakes earlier as he proceeded through the aforesaid intersection; i. Failed to apply his brakes response to Ambulance which was traveling aforesaid ~ntersection; j. Failed to exercise due care and caution under all of the exiBting circumstances in that Baid Defendant failed to observe Ambulance which was traveling in a north-bound direction on the said SR 11, and/or did, in fact, observe Ambulance which was traveling with its flashing lights but nevertheless, failed to stop his motor vehicle in response to same; and/or did, in fact, observe earlier through in the ~ ...:t C"; ;': F. ILJL~! ()"".' -,. t-' ' . ' '~ .... (Jr 1 ' ..j' fiJI,J roJ ..J'I :.). U " - 1 1',.." ,. ~ I,' .... C Q' , r;; ~j< , J ~., ,~) :!~' Tj ''" "I l., ..1_..... .'(tj ~l i (.1. ;:, ~.3 () \ , ", :' " , , , .. " " , , ; I' " , , " I , .., i', , , " " , , , .,-, "j " " I, . " " 'I " " , , , , I ,j! ,t.; " , , "i , , ". ..~. ";- tr; .:: t"" ;.~: ~,'-: .. :' t.!' 1.I.lr-~, r:-, , -. " <-)",.' :r: FOOl, " ~j 1_ ~, ~C " ~. ,-,. J:~' c".> , ,";',"f ~, .' 1:'1: f.:j.:," I " ~ . .,. EL;l; (.: : ,.HiJ LJ ~ ' ~.!.1 ,1.. ,/ ,,' c;.:; , ' 'I:) r- ~) ( (/' U ,.' " " ,I' i' " I' , , "j ':1 " " )i i , " , , , ", >- Co) i::. , O~ .:l I' .'L ' : ': ~ ,. " ".-} .r, u!':" (.'\.1 1 , <. )l :--1:: , Ii:' I~L.. ..1)1 ~l ': l,:) , l {ii Ic' , - ~ ,,~ 'j; " \,~l.-, 't.: i(l+j (: L,I HJ.. ..:,'J ~~-\ ~; ,... ,-,., ,W Ii " " " Ii i" I, f) 1 , , .' , " , , " , ' , , , 1'1 " , ,I ,I , , ,I THE LAW OFFICES OF KAUFFMAN & SlIILLlNG ATIORNEY: C. WILLIAM SHILLING SUPREME COURT 1.0. NO. 4699S 100 PINE STREET, SUITE 300 HARRISBURG, PA 17101 (717) 720-0700 MARGARET HOKIEN and RICHARD HOKIEN, her husband, PlaintilTs v, SILVER SPRING AMBULANCE AND RESCUE ASSOCIATION, INC,; SILVER SPRING AMBULANCE AND RESCUE ASSOCIATION; BRANDON DAVID MITCHEM; and CHARLES W. DAVIS, Defendants ATTORNEY FOR: Charlea W. Davia , IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW NO, 97-5258 : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER Defendant Charles W, Davis, by and through his counsel, KaulTman & Shilling, hereby enters the following Answer with New Matter to PlaintilTs' Complaint and avers as follows: I. Admitted on belief. 2, Admitted on belief ), Admitted on belief. 4, Admitted on belief. S, Admitted, 6, Admitted on belief. 7, Admitted on belief 8. Admined, 9. After reasonable investigation, Answering Defendant is without sufficient knowledge or infonnation to form a belief as to the truth or accuracy of this paragraph of the Complaint, and accordingly, said avennents are denied, Strict proof thereof is demanded at the time of trial. 10, After reasonable investigation, Answering Defendant is without sufficient knowledge or infonnation to fonn a belief as to the truth or accuracy of this paragraph of the Complaint, and accordingly, said averments are denied, Strict proof thereof is demanded at the time of trial, II, It is admined that Defendant Charles W, Davis was operating his motor vehicle in a westerly direction on Stat~ Route J 14, near the intersection of State Route 114 and State Route II. 12, It is admiued that while Defendant Charles W, Davis proceeded through the aforesaid intersectior: pursuant to a green traffic signal, that a collision occurred with the ambulance which was owned by Silver Spring Ambulance and Rescue Association and driven by their agent, workman, servant and/or employee, Brandon David Mitchem, which was proceeding through the intersection, even though he had a red traffic signal controlling his entry into the intersection, 13, The avennents of paragraph 13 of the Complaint constitute a conclusion of law to which no answer is required, Should it be deemed necessary that an answer be given, it is specifically denied that Defendant Charles W, Davis was in any manner negligent, careless or reckless under the circumstances, WHEREFORE, Defendant Charles W. Davis demands judgment in his favor and against Plaintiff Richard Hokien with costs. NEW MA'ITER 28, If the Plaintiff suffered any injuries as alleged, Plaintiff assumed the risk of her activities and of injury as a result thereof 29, If the Plaintiff suffered injuries and damages as described and for reasons set forth in the Complaint, said injuries and damages were caused and/or contributed by conditions over which Answering Defendant had no control and for which he is not responsible. 30, If the Plaintiff suffered injuries and damages as described and for reasons set forth in the Complaint, said injuries and damages were caused and/or contributed to by the negligence, carelessness and recklessness of other parties over whom Answering Defendant had no control and for whom he is not responsible, 31. If the Plaintiff suffered injuries and damages as set forth in the Complaint, said injuries and damages were not proximately caused by any negligent act or omission on behalf of Answering Defendant. 32, If the Plaintiff suffered injuries and damages as set forth in the Complaint, said injuries and damages may have been caused by the negligent acts or omissions of other individuals or entities, which constituted the proxima',e or superseding cause of said injuries or damages, 33. The Answering Defendant asserts all defenses, limitations and exclusions under the Motor Vehicle Financial Responsibility Law, 75 Pa, C.S,A. ~1701. et seq, and avel's that Plaintiff may not plead, prove, introduce IOto evidence or recover any benefits paid or payable under the Motor Vehicle Financial Responsibility Law. 34. The Complaint fails to state a claim against the Answering Defendant. 42, Answering Defendent Charles W. Davis alleges that if the PlaintUTsustained any injuries and damages as set forth in the Complaint, the same were solely caused as the result of the carelessness, recklessness and negligence of the Defendants Silver Spring Ambulance and Rescue Association, Inc,; Defendants Silver Spring Ambulance and Rescue Association; and Brandon David Mitchem, their agent, servant, workman and/or employee, and as said acts of carelessness, recklessness and negligence are more fully set forth in the pleadings of record in this mailer and Answering Defendant avers that the Defendants Silver Spring Ambulance and Rescue Association, Inc,; Defendants Silver Spring Ambulance and Rescue Association; and Brandon David Mitchem are solely and exclusively liable to the Plaintiffs for any injuries or damages sustained, 43. Answering Defendant Charles W, Davis avers that the Defendants Silver Spring Ambulance and Rescue Association, Inc,; Defendants Silver Spring Ambulance and Rescue Association; and Brandon David Mitchem, their agent, servant, workman and/or employee, are solely liable over to the Answering Defendant, Charles W, Davis, and the Answering Defendant, Charles W, Davis, hereby joins the Defendants, Silver Spring Ambulance and Rescue Association; and Brandon David Mitchem, as Additional Defendants for indemnification and contribution in the event that it is judiciously determined that the Answering Defendant, Charles W. Davis, and the aforesaid Defendants are jointly and severally liable to the Plaintiffs, the existence of any liability on the part of the Answering Defendant, Charles W. Davis, being expressly denied, WHEREFORE, the Answering Defendant. Charles W, Davis, prays that judgment be entered in his favor, with COSlS and/or, in the alternative, that judgment be entered against the Defendants, Silver Spring Ambulance and Rescue Association, Inc,; Defendants Silver Spring Ambulance and Rescue Association; and Brandon David Mitchem, their agent, servant, workman , \ , \, " , , .~ C-\ ~J" ~r,; <'" I ,- I-: .. .:;; " , '-'-Ie ; -" , \ , r( cdl,' , ,. rl... r:-.. ',',:.':-1 11..' Cll. i '. ,"",) , ' ~ r.:ul( "j , '-"j' " . :1') fi~ ! . :.to:.- ...' ,..'- r~ I,l.j '9 i.:'i c ell " , " , , I i , " " ,.', , , , '" " il " '" I.: , , " ,.. ,Cl b; , ~>J ,-." "'1 ,1.'( ~.:,: .. I I , ~ . .,<, ~:l ... , - u. ~ 1.;., - " If. <.:;,. ~)' " ~ ! ('" [i): "I [['.1 :..... >.;- _I: 'II!} I'" .:.L: It,L " li'J "l~ ;,.,\ C> G~ () " I ~ I l , ;i " Ii I, " 'I " " ,} )' Ii 'I. 'l. , , I', " , 'I " " If , " " : ' " 1'1 1.~ u; i'1. , .. ul: .;.: C\ .. " , ,- I,;, ~ (J!. ., , ' f)'J '.\ c.::' U,; C'i ., tr:1 (IJ " ...... ,1\. IJ- ,.--', ,"'\ ( , lij"~ ( .l , ' " .' . . " #t' ,1'1 , MARGARET HOKIEN and RICHARD HOKIEN, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs, NO, 97-5258 (Civil) CIVIL ACTION - LAW JURY TRIAL DEMANDED SILVER SPRING AMBULANCE and RESCUE ASSOCIATION, INC" et a!. Defendants NOTICE OF TAKING DEPOSITION TO: Mr. Charles W. Davis clo C. William Shilling, Esquire Devlin, Kauffman & Shilling 100 Pine Street, Suite 300 Harrisburg, PA 17101 NOTICE IS HEREBY GIVEN that the Plaintiffs, Margaret Hokien and Richard Hokien, her husband, through their attorneys, Fendler and Associates, will take the testimony and oral deposition of Mr, Charles W. Davis on Thursday, January 7, 1999 at 2:00 p,m. in the law offices of Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109. Said deposition will take place before a stenographer and the subject matter of the deposition will be to inquire into the facts and circumstances surrounding the incident which is the subject matter of the above-captioned lawsuit. The information to be inquired into is relevant to the subject matter involved in this case and is not privileged. . ' DATED: October I ~ ,1998 FENDLER AND ASSOCIATES BY:~~ STEPHEN J, FENaLER, ESQUIRE 584 Wyoming Avenue Kingston, PA 18704-3702 (717) 283-5550 Counsel for Plaintiffs " ,.. I! , ' ;' t' , , , , , ~~. rr; -. "" ,:': ..:) t,.; I;.. , ~. , .. , r..' I).. "J ~.) "". I J: ~ i r~")";' , 1_", U,: ,J ;_,.: {"I "jJr 'I :)::::2 Ii' , ',0 '" ; "", , ':e,-.r 1 -~ ~-. ;\~J-G " '-..:- '1/" " 'IIJ I, l-l ~', U'" '. t':1 ...-".. ::'i r:':;'1 0 I, , " ., , , " ,. , " H ,. I, " " " i' " " 'I -, ,<I' , " " , " , , I, , , " " ~~ ", '.,.. , L',t ..-J I.',~ ;', ~~ t'i-5.,~ ( . u , I,::li '~:~; ( " f" f.r; , .,~. 1,'_ 'h I "-,,.. i"'-:'J ',-' 'I ~ 1 I oJ:) , Vl .-, '1;0<;, \i \,1 - ""y .~" f.~:. ' 1-' ",l\cn , , (..1 ,'H_t.. , ~, CJ h~ " _. I, ~ D~ ~) ,. 1 (.\ ':.:> "" ,f" '" i' .' " " ,f' ,Ii Johnson, J)um~, StewlIrt & Weidner By: C. Roy Wddncr, .II', I.D, No, 19530 301 Murkcl SU'ccl 1',0, Box 109 I.cJl1oync, Pcnnsylvania 1704J.(}10') (717)761-4540 MARGARET HOKIEN and RICHARD HOKIEN, her husband, Plaintiffs v, SILVER SPRING AMBULANCE AND RESCUE ASSOCIATION, INC" SILVER SPRING AMBCUI,NCE AND RESCUE I\SSOCIATION, BRANDON DAVID MITCHEM and CHARI.ES W, DAVIS, Defendants Attorneys for Silver Spring Ambulance and Rescue Association, Inc" Silver Spring Ambulance and Rescue Association and Brandon David Mitchem, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-5258 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, SATISFY AND DISCONTINUE AND NOW, this _~ day of January, 1999, please mark the above captioned action settted, satisfied and discontinued, including ail counterclaims, crossclalms and joinders of additional parties, FENDLER AND ASSOCIATES BY/~~ Stephen J, Fencler Attorney for Margaret and Richard Hoklen - JOHNSON, DUFFIE, STEWART & WEIDNER ~_._{jj ~~-., By: ,t=--;~ c, Roy eidner, Jr, Attorney for Silver Spring Ambulance and Rescue Association, Inc, Silver Spring Ambulance and Rescue Association and Brandon David Mitchem HARRINGTON/,KA~~F. N .~~ By: ;;!!";/t , IlIiam Shilling ____ Attorney fO~_h3!!J8s'W, Davis DISCONTINUANCE CERTIFICATE 1$1 (/./,iA /..1 ~:r PROTHONOTARY;I,Rt... suit hal been 1nIIfQd. ',,,: l,':;,!;'lhj? \ ~;,,_,};' 0 " 'I'j\.; i'\',!,' , .. 'id!\i ".'_'.1 , -"'.""t .";} :'::,'.il , ,}'gt ';" AND NOW, above directed, , . "'" ,.J'" I(J./"/ yl.",.u..- ,,/ . L 7, :118765