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Home My WebLink About00-06038 "'~'~ - ,~' ~; L~;i,_~, ".' , ./tht; JAMES D, RAFFENSPERGER and WENDY S, RAFFENSPERGER,: Plaintiffs #6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION - LAW AMY M. LaCLAIRE, Defendant NO, 00-60:38 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 21st day of August, 2002, before Edgar B, Bayley, Judge, present for the plaintiffs was Richard F. Maffett, Jr., Esquire, and for the defendant, Sharon M. O'Donnell, Esquire, This is a negligence case arising out of an automobile accident on September 2, 1998, Defendant admits negligence, Plaintiff seeks recovery for multiple injuries to the left shoulder, neck, and low back. Inadditionto noneconomic damages, plaintiff seeks recovery for lost wages, lost earning capacity, and medical expenses over a $10,000.00 threshold, Plaintiff may prepare an exhibit with those medicals over the $10,000,00 threshold, Defendant is going to call Dr, David Baker who is only available Tuesday afternoon or Wednesday morning of trial week, Estimated time of trial, one and a half days, Edgar Richard F, Maffett, Jr" Esquire For Plaintiffs Sharon M, O'Donnell, Esquire For Defendant prs "cc'", illil!J~~ 1ii<Ilill<lg,j~>IWi:Ji;u ~~tii.111~hJ - ""',~, , , "-',, ':-~I:io~:~ii11i ~~j\i!lii:1i~ -\illit " .' .'C,'" '",_'"C' ",- . >~ '-~ "', . ,;> --~ ---' ~- ,',CL_'.:.,.'.'-,,' ~,~, ,'OC, "" "I: t , , f I' t I i! , ~ (0 ~ I';.) :too 7 ;;{~ c= ;;;;,:!) G') " r- ~~ I';.) ~m ~6 ~4 ~O -.:> :.:J-l'i ~8 -. ~5:n .... ~o N om >c: ~ ~ N e.;> -< " ~ -,,-,' ." ~< :oJ!,,: RICHARD F. MAFFETT, JR.. ESQUIRE Attorney 1.0. #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiffs JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6038 v CIVIL ACTION - LAW AMY M. LACLAIRE, Defendant JURY TRIAL DEMANDED PLAINTIFFS' PRETRIAL STATEMENT I. Statement of the Case This accident occurred on September 2, 1998, at about 10:05 a.m., while Plaintiff James Raffensperger was operating his auto headed West in the right lane of Route 770 in Wormleysburg, At that time, the Defendant was also headed West on Route 770, to the rear of the Raffensperger vehicle. Defendant failed to stop and the front of her vehicle struck the rear of Plaintiff's auto at a high rate of speed, estimated to be about 60 mph, without braking, Plaintiff's vehicle was a total loss, The force of the impact broke Mr, Raffensperger's seat, and was such that the imprint of Defendant's license plate was left on the Raffensperger auto. ~ - .' . ~. , :.: As a result of the collision, Plaintiff James Raffensperger suffered multiple injuries including to his left shoulder, neck, ~ and low back, ~ James Raffensperger initially received treatment for his injuries in the Holy Spirit Hospital Emergency Room, Eventually, he came under the care of Alexander Kalenak. M,D., an orthopedic surgeon, for treatment of his left shoulder, Mr. Raffensperger has been treated for his back and neck injuries by Robert C. Zabinski, D.C. The trial deposition of Dr, Kalenak has been taken. Dr, Kalenak's diagnosis of Plaintiff's left shoulder injury is: ~. otator cuff tendinopathy, superior labrum anterior posterior ~SLAP) tear, and bicipital tendinopathy. He testified that Mr. Raffensperger needs arthroscopic surgery to his left shoulder. Dr. Kalenak testified that James Raffenspeger's left shoulder injury is causally related to the auto accident involving Defendant, Mr, Raffensperger will testify that he has not yet had the left shoulder surgery because he does not have sufficient 2 , ~ ~ -- savings, or other sources of income, to sustain his family during the expected 6 to 9 month rehabilitation period. It is expected that Dr. Zabinski will testify that Plaintiff also suffered cervical and lumbar strains/sprains, and / ~ aggravation oI.hls .Lumbar degenerative disc disease, as a direct result of the autPaccident with Defendant. Plaintiff has exhausted his first party medical coverage, in the amount of $10,00,0,00, Since then, Mr, Raffensperger's medical bills have been paid by his Teamster's health insurance, which has asserted a subrogation lien, in the present amount of $1,338.89. In addition, James Raffensperger's future left Coulder surgery is expected to cost between $7,000,00 and $9,000,00, James Raffensperger is employed with UPS as a maintenance mechanic. As a result of his injuries, he missed three (3) days of work at UPS so far, from September 2, 1998 through September 4, 1998, Dr, Kalenak estimates that Plaintiff will be unable to work from 6 to 9 months after his left shoulder surgery, resulting in expected future income loss of between $26,841,00 and $40,262.13. 3 " '" ~'" Lw II. Damaqes Claimed A, Past Medical Expenses; B, Future Medical Expenses; C, Future Loss of Earnings & Earning Capacity; D, Past Pain & Suffering; E. Future Pain & Suffering; F, Embarrassment and Humiliation; G, Loss of Life's Pleasures; and, H, Scarring, III. Witnesses Plaintiff Mav Call Sub;ect of Testimonv James Raffensperger R.D, #4, Box 4600 Duncannon, PA 17020 Liability and Damages Wendy S, Raffensperger R,D, #4, Box 4600 Duncannon, PA. 17020 Damages Patrolman Jeffrey O'Donnell West Shore Regional Police Lemoyne, PA, 17025 Max Naylor, Building Manager United Parcel Service 1821 S. 19u Street Harrisburg, PA. 17104 Liability Damages 4 '~ _ i . J . Plaintiff Mav Call Alexander Kalenak, M,D, Orthopedic Institute of PA. 875 Poplar Church Road Camp Hill, PA, 17011 Subiect of Testimonv Damages Robert C, Zabinski, D.C. 3028 Market Street Camp Hill, PA 17011 Damages IV. Exhibits A. Diagram of Accident Scene B, Past Medical Bills Incurred C, Curriculum Vitae for Alexander Kalenak, M,D, D, Curriculum Vitae for Robert C, Zabinski, D,C. E, Future Medical Expenses F, Future Wage Loss G. Photographs of Plaintiff's vehicle, Copies of Plaintiffs' Exhibits are attached hereto, V. EXDert's Written ReDorts The notes and records of Alexander Kalenak, M,D. and Robert C, Zabinski, D,C, have previously been supplied to Defendant, and therefore, are not attached hereto. VI. StiDulations of the Parties None at this time, 5 . ~,' ", '. , ,-,. VII. Estimated Lenath of Trial ..""' '--- ,- ,', ~",~' ,wJi,p; It is estimated that trial will take 2 days. VIII. Schedulina Problems None for Plaintiff. IX. Special Evidentiary Issues None. X. Realistic Settlement Demand $85,000.00 Respectfully submitted, ~. :J;;fe} Esq Attorney For Plaintiff 6 ,~ ~~ = ,~ ~... W!iI'- , .~ fl~Z'&: , ~ ~~ .... . - . .. ........... . . .. r . ! ~ ( \~.- ,;. "\', ..-.~.. ......,~ ~ ~ IJj ~ 3 ~ ; ..... . . -...... : i I : I : -; 1 '" ~ . ! "'~f' I ~ W . ..... : ..~..,.'" . (1...-.., : -........... l....-c-J".;:;. .. , ,.-. ~ ... . . . . . - r , I .......--...... - . . . .. . ~..,.. . . ... . , ~ I :1 I .......9.... -I.., ... r" . . . ~ .r~ . . _ . .' , ~ ~ - .\ . to . t;1 . ! : ....(\ . .. 1:;). _ ........., ., v . .". . - . - r If I :.. ..............IT r ! : I I . Ii, . . . , . . . . ; . . - . ",, "" t'<\ I . 'I, . . . . v-I . .. .....- w ;. ...... .. . ., c........ . - _.... . .. . . . ~.. I. . ... '!! _ ... . . . . ...e-~ I . ... ~. <;...l ~ J : : . ~ ~<:O.-. : 1- ~~"- ~ l. -\ I I . ..r. ....... """"""''li'> ~ CC RICHARD F. MAFFETT, JR., ESQUIRE Attorney I.D. #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiffs " " '.~,- '~dIli1lJl-tit ................................................................................................... JAMES D. RAFFENSPERGER and i IN THE COURT OF COMMON PLEAS WENDY S. RAFFENSPERGER, ',.!. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v I NO. 00-6038 i" CIVIL ACTION - LAW AMY M. LACLAJ:RE, n...'.............~=.~=~,~~~:................n'...'.,...........'...n.........j JURY TRIAL DEMANDED PLAINTIFF'S EXHIBIT : PAST MEDICAL EXPENSES FOR WHICH REIMBURSEMENT IS SOUGHT Date 09/02/98 09/02/98 09/02/98 09/02/98; 05/31/00 09/04/98-04/17/00 10/21/98; 08/26/99; 09/15/99; 10/17/99 08/26/99 01/19/00-05/17/00 02/3/00-06/12/00 05/03/00-05/08/02 09/15/99; 10/07/99 Provider West Shore EMS Holy Spirit Hospital EKG Associates Quantum Imaging & Therapeutic Associates Robert C, Zabinski, D,C. Pinnacle Health Hospital Lori Dunn, D,O. Alexander Kalenak, M.D., Orthopedic Institute of PA, Physiotherapy Associates Robert C. Zabinski, D,C, Lori Dunn, D.O. Amount ** ** ** ** ** ** ** ** ** $1,561. 78 912.00 ~I_- Date 06/07/00; 11/06/01 06/20/00-07/06/00 05/31/00 09/02/98 """. ........" UJiMl!!!~llli Provider Amount Alexander Kalenak, M,D., Orthopedic Institute of PA. 80,00 Physiotherapy Associates Central PA. MRI Center 444.00 1,095,00 8.05 Prescriptions Total Medical Past Medical Expenses For Which Reimbursement Is Sought: $4,100,83 Respectfully submitted, Richard F. Maffett, Jr" Esq. Attorney For Plaintiff 2 '" - '" -"~ ~ " ,,'" >w"'" n'jJ.Ei~ JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6038 v CIVIL ACTION - LAW AMY M. LACLAIRE, Defendant' JURY TRIAL DEMANDED PLAINTIFF'S EXHIBIT : FUTURE MEDICAL EXPENSES 1. Surgeon's Fee For Left Shoulder Surgery: 2, Hospital Fees For Left Shoulder Surgery: 3. Physical Therapy Charges After Left Shoulder Surgery: $3,000,00 2,500.00 3,000.00 Total Expected Future Medical Expenses: $8,500.00 Respectfully submitted, Richard F, Maffett, Jr., Esq. Attorney For Plaintiff ~, " . ijj;'f.' JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6038 v CIVIL ACTION - LAW AMY M. LACLAIRE, Defendant JURY TRIAL DEMANDED PLAINTIFF'S EXHIBIT : FUTURE INCOME LOSS 2001 Annual Income: $53,682.81 2001 Monthly Income: $4,473,57 Projected Future Income Loss: $4,473,57 per month x 6 months: $26,841.42 $4,473,57 per month x 9 months: $40,262,13 Respectfully submitted, Richard F. Maffett, Jr" Esq, Attorney For Plaintiff "-,,~""-""^'"-"~''lflll.jlt~i=""~''''''' ,<='~~",".. ~-,~ --'1''''''"'' "d'~ , ,j, """_.""",,,,"""""",,~.......... 1ii!'WIWii f:iJl~":~P.\.&'-k~' :.c..:': _' ,)~~"; ',;:;"',' - ~ ~. .' .~ ',' l~, CERT~F~CATE OF SERV~CE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiffs' Pretrial Statement upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Sharon M, O'Donnell, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: 2!IS(Q"L Esq, ~-,' ~ ' ,,' ' ~"""l" '--- ....~ \05_ A \LIABISMOILLPG\102378\JMF\03115\OO102 JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 00-6038 Civil Action - Law AMY M. LaCLAIRE, Defendant. Jury Trial Demanded REVISED PRE"TRIAL MEMORANDUM SUBMITTED ON BEHALF OF DEFENDANT, AMY M. LaCLAIRE 1. STATEMENT OF BASIC FACTS AS TO LIABILITY This is a negligence action arising out of a 'rear-end' motor vehicle accident which occurred on September 2, 1998 on Route 770 in Wormleysburg, Cumberland Connty, Pennsylvania. Defendant, Amy LaClaire Martin, was, at the time of this accident, and presently suffers from epilepsy which is controlled by medication. Defendant has no recollection of the accident. II. STATEMENT OF BASIC FACTS AS TO DAMAGES Plaintiff sustained soft tissue injuries to his neck and lower back, both of which resolved. Plaintiff claims to have sustained a labral tear to his left shoulder as the result of this accident. He was treated with chiropractic therapy by Dr. Zabinsky, whose trial video deposition has been taken. He was also seen by Dr. Kalenak, an orthopedic surgeon, for a suspected SLAP lesion of the left shoulder, but has undergone no invasive treatment to date. An independent medical evaluation with Dr. David Baker, whose offices are located in Carlisle, Pennsylvania was held as scheduled on August 14,2002, however due to Plaintiffs failure to bring with him requested MR1 films, Dr. Baker's medical report ", , .,~ ];!l' 'l'W" -. , -, has been delayed. It is anticipated that Dr. Baker's medical expert report will be produced on or before the date of the Pre-Trial Conference, August 21, 2002, III. STATEMENT OF THE PRINCIPAL ISSUES OF LIABILITY AND DAMAGES Defendant, LaClaire, may, but has not yet decided, to stipulate to negligence for causing the collision. Defendant, LaClaire, has determined that all soft tissue injuries to Plaintiffs neck and lower back resolved soon after the motor vehicle accident and that Plaintiff sustained no injury to his left shoulder as the result of the subject motor vehicle accident. IV. STATEMENT OF LEGAL ISSUES REGARDING ADMISSIBILITY OF EVIDENCE Defendant will submit a Motion in Limine to exclude speculative evidence of future medical expenses and/or wage loss expenses relating to a left shoulder surgery which has never been performed or scheduled. V. IDENTITY OF WITNESSES TO BE CALLED AT TRIAL Amy LaClaire Martin David Baker, M.D, James Raffensberger, as of cross examination Wendy Raffensberger, as of cross examination Alexander Kalenak, M.D., as of cross examination Robert Zabinski, D.C., as of cross examination "\""' '.',' "" " ' ll. ~ t !j!,~, ""< Defendant reserves the right to call, as of cross examination, any other witnesses not listed above, but listed on Plaintiffs pretrial statement Defendant reserves the right to supplement this list of witnesses at a reasonable time prior to trial VI. LIST OF EXHmITS Defendant reserves the right to use any expert report, medical record, employment record and/or any other document exchanged through discovery by the parties in this case. Defendant further reserves the right to use a model of the left shoulder during the testimony of Dr. David Baker as a demonstrative exhibit. VII. STATUS OF SETTLEMENT NEGOTIATIONS Plaintiff has reduced his demand for the full limits of Defendant's $100,000 automobile insurance policy to $85,000.00. Defendant has offered $60,000 in full and final settlement of Plaintiffs' claims. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, & GOGGIN DATE: ~\\~\tJd u~ ON M. O'DONNELL, ESQUIRE I. . No. 79457 4 00 Crums Mill Road, Suite B arrisburg, PAl 7112 (717) 651-3503 Attorney for Defendant 1 ,", ~'~'~' """'W~~1~.fL't,0 . ~- JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA -vs- : No.: 00-6038 : Civil Action - Law AMY M. LaCLAIRE, Defendant. CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this \ ~ day of August 2002, served a copy of the Revised Pre-Trial Memorandum Submitted on Behalf of Defendant, Amy M. LaClaire, First Class United States Mail, postage pre-paid, as follows: Richard F. Maffett, Jr., Esquire MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, P A 17110 ~"'" ~ S?~\>. Jo e . Parr .' '~'"" ,~""" ,~,,'-,. 0 ,~-- , '-'~ "~,, '.""""'~ '" <,' .j"k'''''_''[Il: RICHARD F. MAFFETT, JR.. ESQUIRE Attorney 1.0.'#35539 2201 North Second Street Harrisburg, PA 17110 (71 7) 233-41 60 Attorney for Plaintiffs JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6038 v CIVIL ACTION - LAW AMY M. LACLAIRE, Defendant JURY TRIAL DEMANDED ................................................................................................... TO THE HONORABLE GEORGE E. HOFFER, PRESIDENT JUDGE OF SAID COURT: PLAINTIFFS' PRETRIAL STATEMENT I. Statement of the Case This accident occurred on September 2, 1998, at about 10:05 a,m., while Plaintiff James Raffensperger was operating his auto headed West in the right lane of Route 770 in Wormleysburg, At that time, the Defendant was also headed West on Route 770, to the rear of the Raffensperger vehicle, Defendant failed to stop and the front of her vehicle struck the rear of Plaintiff's auto at a high rate of speed, estimated to be about 60 mph, without braking. Plaintiff's vehicle was a total loss. The force of the impact broke Mr. Raffensperger's seat, and was such that the imprint of Defendant's license plate was left on the Raffensperger auto, ~ ".'. .V" '~~ ~'_ ".' u __ , , " ~.,,"_. ,,~__, "'''"''! As a result of the collision, Plaintiff James Raffensperger suffered multiple injuries including to his left shoulder, neck, and low back, James Raffensperger initially received treatment for his injuries in the Holy Spirit Hospital Emergency Room. Eventually, he came under the care of Alexander Kalenak, M,D., an orthopedic surgeon, for treatment of his left shoulder, Mr, Raffensperger has been treated for his back and neck injuries by Robert C, Zabinski, D.C, The trial deposition of Dr, Kalenak has been taken, Dr. Kalenak's diagnosis of Plaintiff's left shoulder injury is: rotator cuff tendinopathy, superior labrum anterior posterior . , (SLAP) tear, and bicipital tendinopathy. He testified that Mr, Raffensperger requires arthroscopic surgery to his left shoulder, Dr. Kalenak testified that James Raffensperger's left shoulder injury is causally related to the auto accident involving Defendant, Mr, Raffensperger will testify that he has not yet had the left shoulder surgery because he has not had sufficient savings, or other sources of income, to sustain his family during the expected 6 to 9 month rehabilitation period, It is expected that Dr. Zabinski will testify that Plaintiff also suffered cervical and lumbar strains/sprains, and aggravation of his lumbar degenerative disc disease, as a direct 2 ,'^ __,'c , , ,<.'".','" ",' ..:;',,;:.,), " ',,~' " "~ ~-';j result of the auto accident with Defendant. Chiropractic treatment has been necessary for these injuries, in decreasing frequency, to the present, Plaintiff has exhausted his first party benefit medical bill coverage, in the amount of $10,000,00, Since then, Mr, Raffensperger's medical bills have been paid by his health insurance, which has asserted a subrogation lien, in the present amount of $1,338,89. In addition, James Raffensperger's left shoulder surgery is expected to cost between $7,000.00 and $9,000.00, James Raffensperger is employed with UPS as a maintenance mechanic, As a result of his injuries, he missed three (3) days of work at UPS so far, from September 2, 1998 through September 4, 1998. Dr, Kalenak estimates that Plaintiff will be unable to work from 6 to 9 months after his left shoulder surgery, resulting in expected future income loss of between $31,000,00 and $41,000,00, II. Damaqes Claimed A, Past Medical Expenses; B. Future Medical Expenses; C. Future Loss of Earnings & Earning Capacity; D, Past Pain & Suffering; 3 E. Future Pain & Suffering; F. Embarrassment and Humiliation; G. Loss of Life's Pleasures; and, H. Scarring, III. Witnesses Plaintiff Mav Call James Raffensperger R.D. #4, Box 4600 Duncannon, PA 17020 Wendy S. Raffensperger R.D. #4. Box 4600 Duncannon, PA, 17020 patrolman Jeffrey O'Donnell West Shore Regional Police Lemoyne, PA, 17025 Max Naylor, Building Manager united Parcel Service 1821 S. 199 Street Harrisburg, PA, 17104 Alexander Kalenak, M.D, orthopedic Institute of PA, 875 Poplar Church Road Camp Hill. PA, 17011 Robert C. Zabinski. D.C. 3028 Market Street camp Hill, PA 17011 IV. Exhibits A, Diagram of Accident Scene 4 '0.'" " , '''-'-0, 'C ," "_--'.,'~'''..'_v,<" ')", "'~j Sub;ect of Testimonv Liability and Damages Damages Liability Damages Damages Damages -',.~ ,.-"- ~ ~.. - B, Photographs of Damage to Plaintiff's Auto (4) C, Past Medical Expenses For Which Reimbursement Is Sought D, Curriculum Vitae for Alexander Kalenak, M,D, E. Curriculum Vitae for Robert C. Zabinski, D,C. Copies of Plaintiffs' Exhibits A through C are attached hereto. V. EXDert's Written ReDorts The notes and records of Alexander Kalenak, M.D. and Robert C, Zabinski, D.C. have previously been supplied to Defendant, and therefore, are not attached hereto. VI. StiDulations of the Parties None at this time. VII. Estimated Lenqth of Trial It is estimated that trial will take 2 days, VIII. Schedulinq Problems None for Plaintiff, IX. SDecial Evidentiarv Issues None, 5 x. Realistic Settlement Demand $90,000.00 ~ O~" .' ;' , < ,~'- < -,'", '.,'~'.",-, Respectfully submitted, R1chard F. Maffet Esq. Attorney For Plaintiff 6 ~ .."""'- _ .. ~=~u ~~_ ~~~O~ili1l5 " -l>l.ollJ!i: ~-<""""~.ijlm!lIiIQ~'"'' '!"'-'--~'--:lla . "f'.' ..'", Et. !j~- . ~ ~'j7" 1 ; . ~ l . . ,\. . ,I".... . r .... ...~ r:1 ~ '-V : ~ 3 'iJ . -r ~~ <J. o j ~ ( ).. .... .. . I . . p . . -0 ~ " f'.ci1f' : ~ . Jo. . I.....~ ,.. . . -.. . . 'l- ~ . . . ~ . .. . " . . ... . -. .. 0 . ~ I -1 .:......__. ' r~. . _ . . .., . r t J :.. .............. r I': ~ r ! : I I - I ! : , . . . ' . . I!i: ~ .~_.. . . ......... ~ 'N I. "0'" . _ . G.-... . - .._..... . .. . . ~ ~ I. . .. . ~ .. . . . . '.e:-~ I . _ ~-- C..l ~ J : : , fj ~C:O.-. . ; - ~ ~'-- ~ . , . ... . .. . . . . :~, r . . . . . : ; - '1 : I --1 tJ I '..-J - I " .. . . I ~ . I . r .. .. . I .. . . ! : ....('I ,..l:iJ.. ........, --; v .. . . , ... . . . - I. ...... t1 r : I . . . . - - . . . . ~ . .. . .. . I . ". I . . . \001 . ~ - ~ . ~ . I I I '".--,-,"",","'..;" '",",""',,-,',' ;"',' I~".i,-,-""j' "".,' tu:IJ,,,-,.;, "'~. ;,,"'..~,: H !!',Wb\;b~+i,Li;,I"',,,'i'L ,~lb:JBIW!HJbid'I:II+~djMI:liii li"I";-!"'\i,1 "':,U'c,:'il .'~;i l,,,'~,, 'lill,'HI,\ f ,'~ I t~ i! j~ r p ~ i , I i ; 1 1 i " -~- RICHARD F. MAFFETT, .JR.. ESQUIRE Attorney J.D. #36539 2201 North Second Street Harrisburg, PA 17110 (71 7) 233-4160 Attorney for Plaintiffs JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs v AMY M. LJ\.CLAIRE, Defendant ~~ ~ ~~ - ll;i;;!i'[ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6038 CIVIL ACTION - LAW ..................................................,............................................... JURY TRIAL DEMANDED PLAINTIFF'S EXHIBIT : PAST MEDICAL EXPENSES FOR WHICH REIMBURSEMENT IS SOUGHT Date 09/02/98 09/02/98 09/02/98 09/02/98: 05/31/00 09/04/98-04/17/00 10/21/98; 08/26/99; 09/15/99; 10/17/99 08/26/99 01/19/00-05/17/00 02/3/00-06/12/00 05/03/00-05/08/02 09/15/99; 10/07/99 Provider West Shore EMS Holy Spirit Hospital EKG Associates Quantum Imaging & Therapeutic Associates Robert C. Zabinski, D.C. pinnacle Health Hospital Lori Dunn, D,O, Alexander Kalenak, M.D., Orthopedic Institute of PA, Physiotherapy Associates Robert C. Zabinski, D,C, Lori Dunn, D,O, Amount ** ** ** ** ** ** ** ** ** $1,561. 78 912,00 Date 06/07/00; 11/06/01 06/20/00-07/06/00 05/31/00 09/02/98 '~ ' "~' ~M~JlW'';;~J; Provider Amount Alexander Kalenak, M.D" Orthopedic Institute of PA, Physiotherapy Associates Central PA. MRI Center 80,00 444,00 1,095.00 Prescriptions 8,05 Total Medical Past Medical Expenses For Which Reimbursement Is Sought: $4,100,83 Respectfully submitted, Richard F, Maffett, Jr" Esq, Attorney For Plaintiff 2 ,~ ~,', I .._~~~ ~E-'r: CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiffs' Pretrial Statement upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Sharon M, O'Donnell, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200Crums Mill Road, Suite B Harrisburg, PA 17112 Dated, t)I)tJ1.. Jkt J'/ " Esq, ~ "L ,,','. },IK JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA -vs- : No.: 00-6038 Civil Action - Law AMY M. LaCLAIRE, Defendant. PRETRIAL MEMORANDUM SUBMITTED ON BEHALF OF DEFENDANT. AMY M. LACLAIRE I. STATEMENT OF BASIC FACTS AS TO LIABILITY This is a negligence action arising out of a 'rear-end' motor vehicle accident which occurred on September 2, 1998 on Route 770 in Worrnleysburg, Cumberland County, Pennsylvania. Defendant, Amy LaClaire Martin, was, at the time of this accident, and presently suffers from epilepsy which is controlled by medication. Defendant has no recollection of the accident. II. STATEMENT OF BASIC FACTS AS TO DAMAGES Plaintiff sustained soft tissue injuries to his neck and lower back, both of which resolved. Plaintiff claims to have sustained a labral tear to his left shoulder as the result of this accident. He was treated with chiropractic therapy by Dr. Zabinsky, whose trial video deposition is scheduled, but not yet taken. He was also seen by Dr. Kalenak, an orthopaedic surgeon, for a suspected SLAP lesion of the left shoulder, but has undergone no invasive treatment to date. An independent medical evaluation on behalf of Defendant has been scheduled with Dr. David Baker for August 14, 2002, a copy of the confirmation slip being attached hereto and marked exhibit "A". - , ~,'" I&~l!i,;" ill. STATEMENT OF THE PRINCIPAL ISSUES OF LIABILITY AND DAMAGES Defendant, LaClaire, may, but has not yet decided, to stipulate to negligence for causing the collision. Defendant, LaClaire, has yet to determine, through an !ME, whether or not all the soft tissue injuries to Plaintiffs neck and lower back have resolved, and further, to determine whether or not the Plaintiff in fact sustained an injury to his left shoulder and whether or not the same is causally related to the subject motor vehicle accident N. STATEMENT OF LEGAL ISSUES REGARDING ADMISSIBILITY OF EVIDENCE Defendant reserves the right to supplement her statement of legal issues for consideration by the Court after the !ME has been completed by Dr. Baker and the matter stands ready for trial. V. IDENTITY OF WITNESSES TO BE CALLED AT TRIAL Amy LaClaire Martin David Baker, M.D. James Raffensberger, as of cross examination Wendy Raffensberger, as of cross examination Alexander Kalenak, M.D., as of cross examination Robert Zabinski, D.C., as of cross examination Defendant reserves the right to call, as of cross examination, any other witnesses not listed above, but listed on Plaintiffs pretrial statement Defendant reserves the right to supplement this list of witnesses at a reasonable time prior to trial - ~ "' , - ~IilIti.J!kr':t( VI. LIST OF EXHIBITS None, however, Defendant reserves the right to supplement this list at a reasonable time prior to trial. VII. STATUS OF SETTLEMENT NEGOTIATIONS Plaintiff has demanded the full limits of Defendant's $100,000 automobile insurance policy. Defendant has offered $50,000 in full and fmal settlement of Plaintiffs' claims. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN ON M. 0 DONNELL, ESQ. Attomey for Defendant, LaClaire 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 ~. r// )ll~ o lof{ PER DIEM, INC. TODAY'S DATE: ~ ~ '0.2- You have scheduled ~EPO, for on~'\)!).. \..DO~rf) at Per Diem, Inc. :16 me.,.:;, ~~f-er(,e{ with Dr. "nJ<~ J Our cancellation policy is as follows: No Charge for cancellation prior to (5) working days 80% Charge for a cancellation within (5) working days Full Charge for cancellation the day of or uo show \\~I ~~/ Payment required prior to appoinuuent date unless otherwise noted. If you have any questions, please contact Per Diem, Inc. at 717-901-9303, "Thank you for your business, " PLEAsE SEND ALL MEDICALS TO: 301 MARKEr ST., NEW CUMBERLAND, PA 17070 ......- '""" ~_. ~ -~~ - ,~ JAMES D. RAFFENSPERGER and WENDY S, RAFFENSPERGER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA -vs- : No.: 00-6038 : Civil Action - Law AMY M. LaCLAIRE, Defendant. CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 17th day of June 2002, served a copy of the foregoing document via Facsimile as follows: Richard F. Maffett, Jr., Esquire MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, PA 17110 *" ~.~,~ Jo . Parr - ~ """"'J~'~ MAFFETT & ASSOCIATES By: ' Richard F, Maffett, Jr., Esquire Attorney I.D. #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorneys for Plaintiffs ................................................................................................... JAMES D. RAFFENSPERGER and ! IN THE COURT OF COMMON PLEAS WENDY S. RAFFENSPERGER, :.: CUHBERLAND COUNTY, PENNSYLVANIA Plaintiffs ! NO. 00 - bOJ? Oiu;l T~ _:_~~~~;;~.________! emL ""'05 - LAW v NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, ,You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T 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. CUHBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 ~ ""~ ..'"'~~ ~'1'it; NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas dernandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la dernanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos irnportantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 ~ "~=~< " ~, ,___"np" ~"~ol'L .................................................................................................. JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. fJ1) - (,0 3 f c..:.a -r.LeA- v CIVIL ACTION - LAW AMY M. LACLAIRE, Defendant COMPLAINT AND NOW, this 3 er+l... day of Av;v;f , 2000, comes the Plaintiffs, JAMES D, RAFFENSPERGER and WENDY S. RAFFENSPERGER, by their attorney, Richard F, Maffett, Jr" Esquire, and respectfully represent the following: COUNT ONE: 1, Plaintiff James D. Raffensperger is an adult individual residing at R,D, No, 4, Box 4600, Duncannon, Pennsylvania, 17020. 2. Plaintiff Wendy S, Raffensperger is an adult individual residing at R.D. No.4, Box 4600, Duncannon, Pennsylvania, 17020. 3, Defendant Amy M. LaClaire, is an adult individual residing at R.R. 1, Box 312, East Eddington, Maine, 04428. 4, On September 2, 1998, at or about 10:05 a,m" Plaintiff James D, Raffensperger was operating his vehicle headed West in " ~ '" .. 1lil;M;.:Ii~.,' the right lane of Route 770 in Wormleysburg, Cumberland County, Pennsylvania. 5, At that time and place, Defendant was also operating her vehicle headed West on Route 770 in Wormleysburg, Cumberland County, to the rear of Plaintiff, James D, Raffensperger's vehicle, 6, At the aforesaid time and place, Defendant was traveling at a high rate of speed and, as she approached Plaintiff James D, Raffensperger's vehicle, Defendant failed to stop her automobile causing the front of Defendant's auto to strike the rear of Plaintiff's vehicle, as a result of which Plaintiff James D. Raffensperger suffered severe physical injury, 7, Defendant owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate her vehicle in such a way as not to cause harm or damages to said other persons and to Plaintiff in particular. 8, The collision and all of the injuries and damage hereinafter related are the direct result of the careless, 2 , '" '. "''''''''-.....'''..j!i!i&t reckless, negligent, wanton and willful manner in which Defendant LaClaire operated her vehicle as follows: (a) failing to maintain adequate control over her vehicle; (b) traveling too fast for conditions; (c) failing to properly observe other traffic. and acting without due regard for the position of Plaintiff's automobile; (d) following too closely at an excessive rate of speed; (e) failing to apply her brakes in time to avoid striking Plaintiff's vehicle; (f) operating her vehicle in violation of the laws of the Commonwealth of Pennsylvania, 9, As a direct and proximate result of the aforesaid collision, Plaintiff James D. Raffensperger suffered injuries including, but not limited to, the following: (a) cervical strain; (b) superior labral tear in his left shoulder; (c) lumbar strain; and (d) aggravation of lumbar disc disease, 3 --,,",1i""fIll ,'", c" Ift;j~, 10, As a result of the injuries he received caused by this collision, Plaintiff James D. Raffensperger has in the past, and may incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of his aforesaid injuries. 11, As a further result of this collision, Plaintiff James D, Raffensperger has suffered a loss of earnings, and impairment of his earning capacity and power, and claim is made therefore, 12. As a further result of the aforesaid collision, Plaintiff James D, Raffensperger has suffered permanent diminution of his ability to enjoy life and life's pleasures, 13, As a result of the injuries he received caused by this collision, Plaintiff James D. Raffensperger has undergone in the past, is undergoing in the present, and will undergo in the future, great pain and suffering, 14. As a direct and proximate result of this collision, the Plaintiff James D, Raffensperger has incurred other financial expenSeS or losses which exceed the sums recoverable under the 4 " " '!li'd~Bil;~\' limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law, WHEREFORE, Plaintiff James D, Raffensperger demands judgment against Defendant in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT TWO: 15, Plaintiffs incorporate by reference the averments of Paragraphs 1 through 14 above as fully as though herein set forth at length. 16. Plaintiffs, James D, Raffensperger and Wendy s. Raffensperger are husband and wife, 17. As a result of the Defendant's negligence as set forth above, resulting in injuries to Plaintiff James D, Raffensperger as detailed above, Plaintiff Wendy S, Raffensperger has been deprived of the consortium, assistance and society of her husband, James D, Raffensperger, all of which has been to her great damage and loss. 5 , ,~ ''!!.'"''m" , ~""'\'~' WHEREFORE, Plaintiff Wendy S, Raffensperger, demands judgment against Defendant, in an amount in excess of Twenty-Five Thousand ($25,000,00) Dollars, exclusive of interest and costs in excess of any jurisdictional amount requiring compulsory arbitration, Respectfully submitted, MAFFETT & ASSOCIATES By: ~,~~t;d1JPJ~ 6 ,,"m " ',",..""'tl~' " -"",~,; VERIFICATION I, JAMES D. RAFFENSPERGER, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief, This verification and statement is made subject to the penalties of 18 Pa. C,S,A. ~4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C,S,A, ~4904. Dated: g/3o/00 ~D~~PJ::~ Plaintiff "~- "' "~'~~ ~~ ~ ,', " -, . >" ~ Ji Ml!nld.'fl@llt'\', VERIFICATION r, WENDY S, RAFFENSPERGER, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa, C,S,A, ~4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa, C.S.A, ~4904, Dated: ?/30/00 ~~r/~ ENDY ,RAFF SPE GE - Plaintiff "',. '~ ~" ,". ,.'"C'"", -,,"' . ",', --',' ; JAMES D, RAFFENSPERGER and WENDY S, RAFFENSPERGER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA -vs- : No.: 00-6038 : Civil Action - Law AMY M. LaCLAIRE, Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendant, Amy M. LaClaire, in the above-captioned case, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN E. MALONEY, ES 100 Pine Street - 4th FI. P.O. Box 803 lIarrisburg,Pi\ 17108-0803 !.D. 68818 (717) 231-3762 i\TTORNEYFORDEFENDANT DATE: q I 0<.5100 BY: '"' ,'~ "~;', "'~' "",1.-,," ~,"",,<, " <, ,-' - ~ ::in:" CERTIFICATE OF SERVICE I, April M. Cairns, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thisd51ay o~ ' 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr. MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, PA 17110 ~ ~_d,__,-' _ill _A.....:'~ ,<...,;;'" ~ .~ . jj,;t~' ~'~~ .!...LliilJiif"""''''""- ..J.!", ,-"~.JL;:';O~~,1__'~U,,~,",,.J ~o,,]UiL ,",~~",JL".,q, ,~" ", J,,<,)}~~J M";--:"?''',g" ''''.''".,,,,1,," ' ,~ ~~~, ,^,~ ,"'" " 0' \) s;::: "tJff; rrJre; ~:i:! 65\:,- ..." '~'" G2~'i :fi(") 5>tJ c::: ~ . ~" o' ~ ,~ ; o Q V') ,....., -0 l\J ()') ~ -v ::J::: ,.:g;.."T] ""Oh'7 . ,~j C-r .::.:;}~~ gllS~i ~ :Jo>' .:0 -<( ~) :.v (n .'"~ 105_ AILIABIKBMlLLPG\57393\A Yc\03115100102 JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs, -vs- : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No.: 00-6038 : Civil Action - Law AMY M, LaCLAIRE, Defendant. NOTICE TO PLEAD TO: Plaintiffs Richard F. Maffett, Jr, MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, PA 17110 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Kerry . Maloney, Esq , LD,# 68818 100 Pine Street, 4th Floor P.O, Box 803 Harrisburg, PA 17108-0803 (717)231-3762 DATE: \l)\ \3 \ 00 Attomeys for Defendant JAMES D, RAFFENSPERGER and WENDY S, RAFFENSPERGER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA -vs- : No.: 00-6038 Civil Action - Law AMY M. LaCLAIRE, Defendant. ANSWER WITH NEW MATTER 1. Denied, After reasonable investigation and inquiry, Defendant is without sufficient information to form a belief as to the truth of the allegations set forth in this paragraph, and accordingly, the same are denied and proof thereof is demanded at trial. 2. Denied. After reasonable investigation and inquiry, Defendant is without sufficient information to form a belief as to the truth of the allegations set forth in this paragraph, and accordingly, the same are denied and proof thereof is demanded at trial. 3, Admitted in part, denied in part. It is admitted only that Amy LaClaire is an adult individual, The remainder of the paragraph is denied. By way of further answer, Defendant's address is 44 Garland Street, Bangor, Maine 04401. 4, Denied. After reasonable investigation and inquiry, Defendant is without sufficient information to form a belief as to the truth of the allegations set forth in this paragraph, and accordingly, the same are denied and proof thereof is demanded at trial. 5. Admitted in part, denied in part. It is admitted only that Defendant was operating a vehicle on September 2, 1998, in Wormleysburg, The remainder of the paragraph is denied as, after reasonable investigation and inquiry, Defendant is without sufficient information to form a ~ "< '" "'~ -" ' - c"_'~ ,,',',' , ,"",'~ """',~",'*"","h.:r.''''~'*'''''f"''_~~'''''''''o'''~-'>',_ ", "'e belief as to the truth of the allegations set forth in this paragraph, and accordingly, the same are denied and proof thereof is demanded at trial. 6. Denied. After reasonable investigation and inquiry, Defendant is without sufficient information to form a belief as to the truth of the allegations set forth in this paragraph, and accordingly, the same are denied and proof thereof is demanded at trial. By way of further answer, this paragraph is denied as it constitutes conclusions oflaw to which no further response or pleading is required, and accordingly, the same are denied and proof thereof is demanded at trial. 7. Denied, This paragraph is denied as it constitutes conclusions oflaw to which no further response or pleading is required, and accordingly, the same are denied and proof thereof is demanded at trial. 8. (a) - (f) Denied. This paragraph is denied as it constitutes conclusions oflaw to which no further response or pleading is required, and accordingly, the same are denied and proof thereof is demanded at trial. 9, (a) - (d) Denied. This paragraph is denied as it constitutes conclusions of law to which no further response or pleading is required, and accordingly, the same are denied and proof thereof is demanded at trial. 10. Denied, This paragraph is denied as it constitutes conclusions of law to which no further response or pleading is required, and accordingly, the same are denied and proof thereof is demanded at trial. II. Denied. This paragraph is denied as it constitutes conclusions of law to which no further response or pleading is required, and accordingly, the same are denied and proof thereof is demanded at trial, 12. Denied. This paragraph is denied as it constitutes conclusions oflaw to which no further response or pleading is required, and accordingly, the same are denied and proof thereof is demanded at trial. 13. Denied. This paragraph is denied as it constitutes conclusions of law to which no further response or pleading is required, and accordingly, the same are denied and proof thereof is demanded at trial. 14. Denied. This paragraph is denied as it constitutes conclusions of law to which no further response or pleading is required, and accordingly, the same are denied and proof thereof is demanded at trial, WHEREFORE, Defendant, Amy M. LaClaire, demands judgment in her favor and against Plaintiff, together with such other relief as this Court shall deem appropriate. COUNT II 15. Defendant incorporates by reference its responses to Paragraphs I through 14 above as fully as if set forth at length herein. 16. Denied, After reasonable investigation and inquiry, Defendant is without sufficient information to form a belief as to the truth of the allegations set forth in this paragraph, and accordingly, the same are denied and proof thereof is demanded at trial. 17. Denied. This paragraph is denied as it constitutes conclusions of law to which no further response or pleading is required, and accordingly, the same are denied and proof thereof is demanded at trial. WHEREFORE, Defendant, Amy M. LaClaire, demands judgment in her favor and against Plaintiff, together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 18. Defendant hereby incorporates by reference her responses to paragraphs I through 17 as if fully set forth at length herein. 19. Plaintiffs' claims may be barred and/or limited by the applicable statute of limitations, 20. Plaintiffs' Complaint fails to state a cause of action as against Defendant, Amy LaClaire, upon which relief may be granted as a matter of law, 21. Plaintiffs' injuries and/or damages were caused in whole or in part by persons, entities and/or parties other than Defendant, and over whom Defendant had neither control or right to control. 22, Plaintiffs' claims may be barred or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility law, 23. No act or omission on the part of Defendant was a substantial contributing factor in bringing about Plaintiffs' injuries and/or damages, all such inquiries and/or damages, being expressly denied. 24. Plaintiffs' claims may be barred and/or limited by the Doctrine of res judicata and/or collateral estoppel. '.'. ,"OF' ''r " ~ , ~ '~'. "'-"'~o,'O~,,,,',,~o,"';'" 25, Defendant reserves the right to use one or more of those defenses reserved at Pa.R.C.P. 1030. 26. Plaintiffs' contributory negligence was a substantial factor in bringing about Plaintiffs' claimed injuries and/or damages, all such injuries and/or damages being expressly denied. 27. In the event that Plaintiff suffered injuries or damages as alleged in the Complaint, all such injuries and/or damages being expressly denied, such injuries and/or damages were caused by the acts and/or omissions of Plaintiff and/or others over whom Defendant had neither control nor right of control. 28. Defendant owed Plaintiff no duty of care under the circumstances alleged in Plaintiffs' Complaint. 29. Plaintiffs' Complaint fails to state claims or causes of action which justify an award of attorneys fees and/or costs, 30. The conduct of persons and/or entities other than Defendants, constitute an intervening and/or superseding cause obviating any liability on the part of Defendant, any such liability on the part of Defendant being expressly denied. 31. If Plaintiff suffered damages and/or injuries as described in Plaintiffs' Complaint, the same being expressly denied, all such injuries and/or damages were caused and/or contributed to by conditions over which Defendant had neither control nor right of control and which Defendant bears no responsibility, 32, Plaintiff has failed to properly mitigate his damages, >"'C"","_' " ,'1'<',"-,-, ,.. , '~'-' -'"0 -'.,.-.. ',' '^''','~_ ." "''''o'''''''''''''''~''''--"."-o''..~",.i,,,'-~H,'.l,j;<'~,',",;. __ ., '.' " ' 33. Plaintiffs' damages, if any, such damages being specifically denied, are barred and/or limited pursuant to Plaintiffs' applicable insurance tort option, WHEREFORE, Defendant, Amy LaClaire, demands judgment in her favor and against Plaintiff, together with such other relief as this Court shall deem appropriate, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: lO\ \3 \DO BY ~~~ 100 Pine Street - 4th Fl. P.O. Box 803 Harrisburg, P A 17l 08-0803 I.D.68818 (717) 231-3762 ATTORNEY FOR DEFENDANT IOS_AILIABIKBMlLLPG\57378\A YCl031SS\SOOOO '_.r__~ '"' ~'^ ":L"" ",--,<,",';"--,--,,-,-"''';,'',, ~ - ;i;,j:..~,'" ~._ "_ -"..~o VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Marter to Plaintiffs' Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs' Complaint is that of counsel and not my own, I have read the Answer with New Matter to Plaintiffs' Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiffs' Complaint, are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities, ~[O~:~ Amy M. Clarre S~-2r ,2000 DATE: .. ,"--'-' , w ";;" ',',",,,", ',.0;,. "",,~ ,'0 ~ '_,' '_/wp,J, ';,"" CERTIFICATE OF SERVICE I, April M. Cairns, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this\ '3 day of~ , 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr, MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, PA 17110 ",'. .',),,,'"-""'"; -,-.~, ~, MAFFETT & ASSOCIATES By: Richard F, Maffett, Jr" Esquire Attorney I.D. #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorneys for Plaintiffs ................................................................................................... JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs v ! NO. 00-6038 _:=~;;;~._______j emL ',",<05 - LAW XN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANXA PLAXNTXFFS' REPLY TO NEW MATTER AND NOW, this :ll~J day of December, 2000, comes the Plaintiffs by their attorney, Richard F. Maffett, Jr., Esquire, and respectfully represents the following: 18, plaintiffs' incorporate by reference their averments in Paragraphs 1 through 17 as if fully set forth at length herein. 19, Denied. This averment is a conclusion of law to which no responsive pleading is required. 20. Denied. This averment is a conclusion of law to which no responsive pleading is required. 21, Denied, This averment is a conclusion of law to which no responsive pleading is required. Moreover, Plaintiffs' ,.C!;~ . ~' ". . ~, injuries and damages were caused solely by the Defendant, and not by any other person, entity, or party. 22, Denied. This averment is a conclusion of law to which no responsive pleading is required. 23. Denied. This averment is a conclusion of law to which no responsive pleading is required. 24, Denied. This averment is a conclusion of law to which no responsive pleading is required. 25, Denied. This averment is a conclusion of law to which no responsive pleading is required, 26, Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff was negligent in any fashion and/or that Plaintiffs' damages are in any way reduced by comparative or contributory negligence on the part of Plaintiff. 27, Denied, This averment is a conclusion of law to which no responsive pleading is required. Moreover, Plaintiffs' injuries and damages were caused solely by Defendant, and not by Plaintiff nor any other person, entity, or party, 28, Denied, This averment is a conclusion of law to which no responsive pleading is required. 29. Denied. This averment is a conclusion of law to which no responsive pleading is required. 30, Denied. This averment is a conclusion of law to which no responsive pleading is required. 31, Denied. This averment is a conclusion of law to which no responsive pleading is required, 32, Denied, This averment is a conclusion of law to which no responsive pleading is required, 33. Denied, This averment is a conclusion of law to which no responsive pleading is required, Respectfully submitted, ~J~! Richard F, Maffet , Jr,; Esq, VERIFICATION I, JAMES D, RAFFENSPERGER, have read the foregoing Plaintiffs' Reply to New Matter and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa, C.S.A. ~4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S,A, ~4904, Dated: Id(ooftJD dOd b.~ JAMES D. FE P ER Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiffs' Reply To New Matter upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Kerry E. Maloney, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 100 pine Street Harrisburg, PA 17101 Dated: \~ -~ ~ - DO "'.'''lMl!i-iillit~~.' .''-'.I&I:tl7'$~~1~r _ ".~ ~ . ,,~, ",~ 0 ,', .~ ~ .....~ d - Mol '" ~ " ""~~ ,e,~., I !; h i::> 0 c: CI '~;'l :g: C'J -or;::; "'11 ;:1:~ rno: (, , Z~.U N ;'T: Z'" ~~l ~s (j)):--' ---1 ..:.("'::;" ~C) '"'D " ...;.-'" r-~ -..:-yo- r~:-O- -7\".' 8~A ~C.l - )>- ,- .. --l Z :,.n y :;! ::0 (P -< !1 JAMES D, RAFFENSPERGER and WENDY S, RAFFENSPERGER, Plaintiffs, v. AMY M, LaCLAlRE, Defendant, TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No.: 00-6038 : Civil Action - Law ENTRY OF APPEARANCE Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Amy M. LaClaire, in the above-captioned case. DATE: \ ~\'\ \~\ Respectfully submitted, MARSH L, DENNEHEY, WARNER, COL AN & GOGGIN ON M. 0' ONNELL, ESQUIRE . No, 79457 200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorneys for Defendant, Amy M. LaClaire r JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 00-6038 : Civil Action - Law AMY M. LaCLAIRE, Defendant. CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ,\'*' day o~"'\..Th~ , 2001, served a copy ofthe foregoing document via First Class United States mail, postage prepaid as follows: Richard F, Maffett, Jr., Esquire MAFFETT & ASSOCIATES 220 I North Second Street Harrisburg,PA 17110 ~' ~\(\l\'>. Jo M. Parr ~l ~'"'fV~(U" .-.~ .,,,-'''' " ,'~My ~~_.~~~.r " " >~""'-" " " .,C, "<, - .. ~ ,_ r .., IJ ~~ ~~r (I) ,j- ~(~,'.~ ):;:'l /"'.' '-[:;C., "-or::: '....,. ~- -., -< ~'. C7.:\ ,~ 'J :::J "~I ~.._) c ," '. :t:; "1 I ",,--, ,'~ , '. ~':' :::'~~?~ C5;-'-1 ::;! :n -< .... '. . '-"'~"' !.l;m' PRAECIPE FOR LISTING CASE FOR TRIAL (Mmt be typewrittm am submittW in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check one) (X) for JURY trial a the next term of civil court. ( ) for trial without a jury. ~()~()F-c;~E----------------------------------------------------------------------------- (entire cajXioo must be sIlltW in full) ( check one) JAMES D, RAFFENSPERGER and WENDY S. RAFFENSPERGER Plaintiffs (X) Civil Action - Law ( ) Appeal from Arbitration ( ) (Other) vs. AMY M. LaCLAlRE, Defendant The trial list will be called on June II, 2002 Trials commence on July 8, 2002 Pretrials will be held on June 19, 2002 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all connsel, pursuant to local Rule 214.1) No. 00-6038 Indicate the attorney who will try case for the party who files this praecipe: Richard F. Maffett. Jr.. ESQuire. 2201 North Second Street, Harrisburg. P A. 1711 0 (717)-233-4160 for Plaintiffs James D. and Wendv S. Raffensoerl!:er Indicate trial counsel for other parties ifIrnown: Sharon M. O'Donnell. ESQuire. Marshall, Dennehev, Warner, Coleman & GOl!:l!:in, 4200 Crums Mill Road, Suite B. Harrisburl!:. PA. 17112 (717) 651-3503 for Defendant Amv M. LaClaire S~oo L!:!1 /;.lH!tJEw< Attorney for Plaintiffs James D. & Wendy S. Raffensperger This case is ready for trial. Dated: ?t)o'J-.. ~~~~~Ni!~~1ltu'),.w,~--'\"~;-.jj,,"i1iL4.b.G_""~.;I"',,""\~lmi~gJil ....." . 1M' ~""~.....""""",,,' 1 ~ ~ ~-" ... 0 Q 0 C I'V :?' "Tl U~ :!!:: .~ mR~ ". a~'--"T1 21" -< Zr::,1 'r- (() "'. 'em -<Z' --.J ':56 ~Cj ;t:.~ ~1"'Ti ~G I 0:::0 0 7'0 >c 9? Om Z b! =< ~ :0 -< W) " '.- ttliUl,l ~" ~ "". " ~':J" '" ................................................................................................... JAMES D. RAFFENSPERGER and ! IN THE COURT OF COMMON PLEAS WENDY S. RAFFENSPERGER, I"~ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v ! NO. 00-6038 :_.~~;;~~_______i emL ""'OK - L>K CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the attached Praecipe To List Case For Trial upon counsel for Defendant by depositing same in the United States Mail, postage prepaid, addressed as follows: Sharon M, O'Donnell, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: May 17, 2002 Slf0T .~ ~" h~~'-'~'""-"~~' ~?~^~'" "K~" ~iI!SIilIll ""'11 i."o.".~j, .jjjlil~Ulllll!' , '.......;tll:L~!rl!!ll!l~ ~ PRAECIPE FOR LISTING CASE FOR TRIAL (Mt5l be typewrittrn and submitIlrl in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check one) (X) for JURY trial a the next term of civil court. ( ) for trial without a jury. <5\PiI~(5F-~E----------------------------------------------------------------------------- (entire caption!1lllSt be sIatlrl in full) ( check one) JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER Plaintiffs (X) Civil Action - Law ( ) Appeal from Arbitration ( ) (Other) vs. (") ~ ~fl1 PitT ~~:j ".J-" ,,~.:... ~.:;; :S -< ,->. :,,--~",, -'t; -n "r"':" "". , .IeJ "::j' (~) ~3r~ ::;:; :0 -< C f"..j C') -'1'1 AMY M. LaCLAIRE, Defendant h_'; ~l<- The trial list will be called on June II, 2002 Trials commence on July 8, 2002 C;) :::> f\,) Pretrials will be held on June 19,2002 (Briefs are due 5 days before pretrials,) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1) No. 00-6038 Indicate the attorney who will try case for the party who files this praecipe: Richard F, Maffett. Jr.. Esquire. 2201 North Second Street. Harrisburg. P A. 17110 m 7)-233-4160 for Plaintiffs James D, and Wendy S. Raffensperger Indicate trial counsel for other parties if known: Sharon M, O'Donnell. Esquire. Marshall. Dennehey. Warner. Coleman & Goggin. 4200 Crums Mill Road. Suite B. Harrisburg. P A. 17112 (717) 651-3503 for Defendant Amv M. LaClaire This case is ready for trial. Signed: ,M/f I jL-(A/P t Print Name: Richard F,l41affett, Jr., Esq, Attorney for Plaintiffs James D. & Wendy S. Raffensperger Dated: 76)J1-. .'* ""~l\RW,~~~~i)~LiS.ilW!"!iil':",lfili\.:I.;i0i<:k<g,jW",,-~'j._illlll-"'~~~~j..'~ 'Ji :iI~"""iIIIIlI.-J <"~ ~ ,... ,.., ~, , ,~" , ~~.'""'... ~' 0 0 (j c.:: N --n s: ::r.: ""'OCC ::;-.;:a. f'rlrTl -< 2::r'" 1',) ....rT' ZC: '-'"iO ~~2~', 0 , C' -' r;:Cj -a ,,' .. """ ~~j ~~ :z:C' ::;:::: ~O ~~ c: u -, Z N ~ ::;! CO 3! I " #18 JAMES D, RAFFENSPERGER and, WENDY S, RAFFENSPERGER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. AMY M, LACLAIRE, Defendant 00-6038 CIVIL TERM PRETRIAL CONFERENCE At a pretrial conference held June, 19, 2002, before Edward E, Guido, Judge, present for the Plaintiff was Richard F. Maffett, Jr" Esquire, and for Defendant, Sharon M. O'Donnell, Esquire, Defense counsel has requested a continuance to the September term of court in order to obtain an IME, Plaintiffs' counsel strenuously objects for several reasons, including the fact that he has already deposed one of his medical witnesses and has scheduled a deposition of the other for Thursday, June 20, 2002. We have indicated to defense counsel that we will grant the continuance to the September term of court subject to the following conditions: 1, If Plaintiff is required to schedule a supplemental deposition of their experts as a result of the IME findings, the costs of said deposition, including the expert witness fee. shall be borne by Defendant, 2. Defense counsel, or another member of her firm, must be available to tr~ this case in September. In other words, there will be no further defense continuances, Subject to the above conditions, the continuance is , "',."'i";,' ,oj, 'V,,:"'i..,.',;, ~" ,,', ",<,',;,'~_' 'x . granted and the Court Administrator is directed to relist the case for the September term, By the Court, Richard F, Maffett, Jr" Esquire For Plaintiffs Sharon M, O'Donnell, Esquire For Defendant It .~' ,,~ - ="_.~~ . . ''''"",'" ",< ,..,..';' , ~ "" ~...'. FiLED-'OFFiCE 0.- T'I"" 'I'r~-"'\"-, i'"""~'''''''.'~f/'V ... :--, I ' ,,) ,,'; II !"' I' 'I ',,"' ) ~ .!, " ! . ,,~. , ,',j" , , J\. ,.' I 02 JUN 2 I fJl 8: I 9 CU"P;::'" .,[ ,,', "o'\! ", 'f" j';l;'-.h_nf.J-':t\;~.,' \../..,.,.':)1\ I PEf\.JN8YLVf~.f\iIA ""'^" ",_," "",,,,,,o"-"".~"""'P' ,,-~ i!if~~ffl\ll';:;il'~~ y"'",__,tl._,,i!!ilJ~Hf1 !l,.W1~L-,"" Wlr~~t, -'~" ~ . ~~~,E,"^ "~ . ~ .,i, ^" . <~<' JAMES D. RAFFENSPERGER and WENDY S. RAFFENSPERGER,: Plaintiffs #6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW AMY M. LaCLAIRE, Defendant NO. 00-6038 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 21st day of August, 2002, before Edgar B. Bayley, Judge, present for the plaintiffs was Richard F. Maffett, Jr" Esquire, and for the defendant, Sharon M. O'Donnell, Esquire. This is a negligence case arising out of an automobile accident on September 2, 1998, Defendant admits negligence. plaintiff seeks recovery for multiple injuries to the left shoulder, neck, and low back. In addition to noneconomic damages, plaintiff seeks recovery for lost wages, lost earning capacity, and medical expenses over a $10,000.00 threshold. Plaintiff may prepare an exhibit with those medicals over the $10,000.00 threshold. Defendant is going to call Dr. David Baker who is only available Tuesday afternoon or Wednesday morning of trial week. Estimated time of trial, one and a half days, Edgar Richard F. Maffett, Jr., Esquire For Plaintiffs '""'-. ...., " Sharon M, O'Donnell, Esquire For Defendant ., 'l ';'~ / &. '~, _. prs (J~\\ 'S - ~\\C>d... ,;",~,,~ -, ;)",." A REGIONAL DEFENSE LITIGATION LAW FIRM I MARsHAll, DENNEHEY, WARNER, COLEMAN & GoGGIN I A PRO F 11 S S ION ALe 0 R P 0 RAT ION WWW.ma:rshaDdennehey.com 4200 Crums Mill Road, Suite B . Harrisburg, P A 17112 (717) 651-3500' Fax (717) 651-9630 -...... Ile<bIeh"" Doylestown Eri< """,,b"'1l NewtOwnSquare Norrlstown Philaddphia Pittsburgh ".-.noon Williamsport NEW JmulC1:" Cb=yHill Ro,""",, DnA..... _<on WBSTVIRGINIA Wdrt.n Om. Steubenville ........ """'do "'"p. Direct Dial: 717-651-3503 Email: sodonnell@mdwcg.com August 29, 2002 II The Honorable Edgar B. Bayley Chambers Court of Common Pleas of Cumberland Co. I Courthouse Square Carlisle, PA 17013-3387 RE: Raffensperger v. LaClaire CCP Cumberland County - No.: 00-6038 Our File # 03115-00102 Dear Judge Bayley: Due to a miscommunication between my client and me, I advised you during the pretrial conference that the defense would agree to stipulate to the element of negligence at trial. I have enclosed a copy of your Pretrial Order for your reference reflecting our discussion. I would appreciate it if you would kindly amend your Order to delete that reference inasmuch as I now nnderstand that my client would prefer to have the issue of negligence submitted to the jury. My apologies for the inconvenience to the Court and connsel. /smo e truly yours, If rMuJL-- cc: Richard Maffett, Jr., Esquire ,,0 .' '-. '~ ~ "" '~,~, ~" ,_ ~_'<" 'M,Jb"..b' ',_.~", , ~"'; JAMES D. RAFFENSBERGER and WENDY S. RAFFENSBERGER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 00-6038 v. AMY M. LaCLAIRE MARTIN, Defendant. CNIL ACTION - LAW PRAECIPE FOR DISCONTINUANCE TO: PROTHONOTARY Cumberland County, Pennsylvania Please mark the above-referenced matter SETTLED, ENDED AND DISCONTINUED with prejudice. MAFFETT & ASSOCIATES Date: 1);q)Gh BY: . chard F. Maffett, Jr., 2201 North Second Street Harrisburg, P A 1711 0 (717) 233-4160 Attorney for Plaintiffs AND NOW, this ~lday of \1.:rt-- 1 , 2002, upon consideration of the foregoing Praecipe, the above-referenced matter IS marked SETTLED, ENDED AND DISCONTINUED with Prejudice. eu;-:k ;k.~ Prothonotary , ~~ "'~ ~im~ 'i'.'liillilGlliirm <'~y"" <~ ..h ,~~~,~ ~"j{!1 -'M~" ....~~~. .. , ,~" "< o <;; I~' --'j '---. ~~ , -, "',, ~ ~ ~-:) f",) '/) '-:::"1 " ~-V (::") () -';'1 " ~n ...~~ -'--n ~",':';:':2 : c~ I' ' -' ......, :..,) c:o f,-) ~,;=l -r..,