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HomeMy WebLinkAbout00-06815 ",~--l~ -......-. lilt "- "I _"'^' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Plaintiffs Civil Action - Law No. 2000- 6815 Civil Term v. Bradley J. Darbow Defendant Jury Trial Demanded PLAINTIFF'S PRE-TRIAL MEMORANDUM Basic facts at ot Iiabilitv: In this motor vehicle collision case, the Defendant has stipulated to sole liability and the Comparative Negligence Act does not apply. Basic facts as to damaaes: The Plaintiff Loretta Burns suffered two main injuries; temporomandibular joint dysfunction (TMJ) and soft tissue injuries. Both conditions remain symptomatic. Her TMJ condition is permanent and progressive. The Plaintiff Eugene Burns has the consortium claim derivatively from the Plaintiff Loretta Burns. The Plaintiff Regina Sargeant had a soft tissue injury that has since resolved. The Plaintiff Rebecca Meredith had a soft tissue injury that has since resolved. The Plaintiff Rebecca Meredith is a minor and any settlement of her claim would require court approval. Principal Issues of Liabilitv: -. ~ ." ~- .J J I~~, - J~.in<Fli'1' With the Defendant's admission of liability there are no issues of liability. PrinciDallssues of Damaaes: The principal claim is that of Loretta Burns. Ms. Burns suffered injury in the accident. Therefore, only the amount of damages is in question. As to Mr. Burns' consortium claim and the two other passengers in the vehicle, their claims are minor in comparison to Ms. Burns' claims. The Defendant has provided copies of the medical records they received under subpoena. On February 18, 2002, Plaintiffs' counsel received the last records of Ms. Burns they received were records of Dr. Robert J. Beaudry, Jr., her treating oral surgeon. The Plaintiffs anticipate receipt of experts' reports in advance of trial. Summary of leaal issues: The Plaintiff does not anticipate any significant legal issues to arise. Identity of witnesses: a.) Plaintiffs; b.) Dr. J. J. Cho; c.) Dr. Charisse Houston, D.C. d.) Dr. Robert J. Beaudry, Jr. The Plaintiffs reserve the right to supplement this list of witnesses and/or to call any witness the Defendant identifies or calls. Exhibits: - o.w:,";-~'-' ..... -~- -~ - , ,I l-t ,_~,.,_, The Plaintiffs may utilize medical records of one or more of Ms. Burns' health care providers. The Plaintiffs' reserve the right to supplement their list of exhibits or to utilize any exhibits the Defendant utilizes. Stipulations: a.) United States Life Tables from the Suggested Standard Jury Instructions; b.) All photocopies of the Plaintiff's medical records are authentic and that the records custodians are not required to be brought to court. However, all objections to the admissibility of the contents of the records are reserved. Status of settlement neaotiations: On February 18, 2002, the Defendant's adjuster made a $1,000 offer as to Regina Sargeant and Rebecca Meredith. As to Ms. Burns, the adjuster did not make any offer. Date: February 19, 2002 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ~d~Kn~Je! Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ,,~ ~ ~ ~' l~... _>k'-'~:>'-'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor : Plaintiffs Civil Action - Law No. 2000- 6815 Civil Term v. Bradley J. Darbow Defendant Jury Trial Demanded CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 19nth day of February. 2002 serve a true and correct copy of the Plaintiff's Pre-Trial Memorandum on all counsel of record by United States mail, first class, prepaid addressed as follows: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham 315 Nth Front St. P.O. Box 741 Harrisburg, PA 17108-0741 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. 0~ tJ ~ David W. nauer, ~SqUire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 I" 1- " --I '0" --. . ,~ -,,' - ~. m:\home\bqa\litigatlstatefrm\darbow\pretrial memorandum.wpd February 13, 2002 " Brigid Q. Alford, Esquire Supreme Court 1D. #38590 G, Edward Schweikert IV, Esquire Supreme CourtI.D. #81976 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg. Pennsylvania 17108~0741 Attorneys for Defendant Bradley J, Darbow , LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA i" L I'; (. :1 v. : No. 2000-6815 Civil Term i;i " ji L: ! :i :i BRADLEY J. DARBOW, Defendant : JURY TRIAL DEMANDED DEFENDANT'S PRETRIAL MEMORANDUM Pursuant to Local Rule 212-4, Defendant Bradley J. Darbow, by and through his attorneys Brigid Q. Alford, Esquire, G. Edward Schweikert N, Esquire and Boswell, Tintner, Piccola & Wickersham, presents his Pretrial Memorandum, as follows: 1. Basic Facts as to Liabilitv. Defendant hereby stipulates to liability in this case. 2. Basic Facts as to Dama!!es. On October 8, 1998, Defendant was involved in a collision with a vehicle operated by Plaintiff Regina Sargeant, in which Plaintiffs Loretta Burns and Rebecca Meredith were passengers. Plaintiffs Regina Sargeant and Loretta Burns brought suit for injuries allegedly sustained in the accident. Plaintiff Eugene Burns brought suit based upon a loss of consortium claim with Loretta 1- L 'I' ' W"~" .""-- ',!...-~ ''''i!;.. Burns and on behalf of Rebecca Meredith, a minor! Bums claims to be the legal guardian of Ms. Meredith, his granddaughter. Regina Sargeant sustained very minor injuries in the collision. Specifically, Ms. Sargeant complained of minor stomach pain from the seatbelt and bruised knees. After receiving medical treatment on the day of the collision, Ms. Sargeant did not require any further medical care. Rebecca Meredith also sustained very minor injuries in the collision, in the nature of a bruised foot or leg; however, she also did not require any further medical care after receiving medical treatment on the day of the collision. Loretta Bums also received minor injuries as a result of the accident. Mrs. Bums sustained a cut above her eyebrow that did not require stitches and did not leave a scar. Mrs. Bums further claims to have suffered lower back soft tissue injury and TMJ as a result of the accident. To date, however, Mrs. Bums has not produced any medical documentation establishing a causal link between these ailments and the collision, nor has she produced any expert report in support of such a proposition. Eugene Bums raised a loss of consortium claim secondary to Mrs. Bums injuries. This claim is apparently based upon Mr. Bums' averment that Mrs. Bums worked for him in his small engine repair business as a part-time, unpaid bookkeeper. There is no claim by any plaintiff for wage loss or other economic injury. -2- - 1'_ -I ",I L- -,'-" , 1 """1 ! ; ; i , i i I I :1 3. Principal Issues of Liabilty and Damal!es. Defendant submits that there is no issue as to liability. Defendant further submits that the principal issue as to damages is whether the lower back pain and TMJ, of which Mrs. Burns now complains, are related to the motor vehicle accident. 4. Summary of Lel!al Issues. Defendant submits that there are no significant legal issues regarding the admissibility of testimony, exhibits, or any other matter. 5. Xdentitv of Witnesses. Defendant may call one or more of the following witnesses to testify: Bradley J. Darbow Loretta Burns, as on cross-examination Eugene Burns, as on cross-examination Regina Sargeant, as on cross-examination Rebecca Meredith, as on cross-examination Defendant reserves the right to cross-examine any witness called by any of the other parties, and to call rebuttal witnesses, as warranted. 6. Exhibits. Defendant may utilize one or more of the following exhibits: (a) Police Report (b) Medical records of Regina Sargeant from Holy Spirit Hospital (c) Medical records of Rebecca Meredith from Holy Spirit Hospital (d) Medical records of Loretta Burns from: (I) Holy Spirit Hospital -3- - -I I . ~-"j I I I (2) Charisse Huston, D.C. (3) Jay J. Cho, M.D. (4) Family Physicians Associates (5) Emily Matlin, D.O. (6) Robert J. Beaudry, Jr., D.M.D. (e) Employment records of Regina Sargeant from Smart Shopper In addition to these documents Defendant reserves the right to utilize documents and exhibits identified in Plaintiffs' Pre-trial Memorandum or as necessary for the purpose of rebuttal. 7. Status of Settlement Nel!otiations. Plaintiffs have demanded settlement as follows: (a) Loretta and Eugene Burns: $150,000.00 (b) Regina Sargeant: $20,000.00 (c) Rebecca Meredith: $7,500.00 Defendant has not made any offer as of the date this Memorandum was filed. Respectfully submitted, By: ~~.~ Brigid Alford, Esqui Supreme Court J.D. # 3 590 G. Edward Schweikert IV, Esquire Supreme Court J.D. # 81976 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Bradley J. Darbow Date: .1{f3Io)- mlt 1_ , Jo I " :' ,I.,; CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant's Pretrial Memorandum by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, P A 17055 By: ~2_~- Brigid Q. }\]ford,Esqui Date: .2j/$/DJ.- I , ~ L~ _ , ,'-- '~, .-1 .1- L- '~-"; .,..- / #17 LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY J. DARBOW, Defendant 2000-6815 CIVIL TERM PRETRIAL CONFERENCE At a pretrial conference held February 20, 2002, before Edward E. Guido, Judge, present for the Plaintiffs was David W. Knauer, Esquire, and for Defendants, G. Edward Schweikert, IV, Esquire. This is a case in which liability has been admitted. The sole issue to be decided at trial will be the amount of damages. Ms. Alford will be trying the case on behalf of the Plaintiff. However, she was unable to be at the pre-trial conference because she is out of the country. The parties anticipate the case will take two days to try. Neither counsel has any scheduling difficulties. It appears as though one of the Plaintiffs has filed a bankruptcy petition under Chapter 7. The parties are going to determine whether a stay of this action is necessary in order to allow the Trustee to intervene. Counsel are directed to contact the Court Administrator by close of business on Wednesday, February 27, 2002, to advise her on this issue. Settlement does not appear to be likely. Edward E. Guido, J. " f - David C. Knauer, Esquire For Plaintiffs G. Edward Schweikert, IV, Esquire For Defendant 1t I I -,,,."", ''-,t; C-of-,'no ~ '2- 20 -0 2.. - LlC-I ~ ,1'lirjllMllJ~'m:':liillt. ~ lillr-" i;;j~~L-' ~. ." _~I,.' ,~~ ('-1 ["'. If.' ,-":::; C) ("< 0:.- L' L_ "- ~::~~ ~1 ...:-~ ,c ~~ ~.:J - ~)- ',:i) ';7 ,~ .~,.~.~ c'r1"".m,'Ij_.i!~;:a;ii""til,:;fn~~i_t@-~~~' " (lj (2... ~ ,'~ illllIir --=,-- ,,- ~ j ~' jW' - -- ... l "'-'>---' -' 0 ~,_-~ '---s_.. "' _ I '.'_ ',-"I_c_, ~- " - .- ;-1, ~:--- - ~_~ , '-.,," - .~_ 'r -.,,;. ,.:~,' i ",j i I I i I I I I I i i i I I i I , i I i , I i i i I i I i I , LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARB OW, Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a minor C/O David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, P A 17055 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. BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: ~(..L 2.~ Brigid . A~rd, Esquire Date: 1Mo1 ( -- - . ~- , -y ,--c.,", -I- ,I; - ',-, ~--, c' I ,~'-,,-;,.. ',;.. . m:\home\bqa\litigatlstatefrm\darbow\entryofappearance.wpd Draft #1 February 16, 2001 Jeffrey E. Piccola, Esquire Supreme CourtI.D, #18018 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17lO8-0741 Attorneys for Defendant Bradley J. Darbow LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARB OW, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER Defendant Bradley J. Darbow, by his attorneys, Brigid Q. Alford, Esquire, Jeffrey E. Piccola, Esquire and Boswell, Tintner, Piccola & Wickersham, presents his Answer, with New Matter, to Plaintiffs' Complaint, as follows: I. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 1; proof thereof is demanded. 2. Defendant is without knowledge or information sufficient to form a belief as to the truth ofthe averments of Paragraph 2; proof thereof is demanded. 3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 3; proof thereof is demanded. 4. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 4; proof thereof is demanded. ---I ~' "",- "-,." -;~ I, - ", -.' :,' ,'- ,-"-I,.~-_" ',~.:-' : ,-,; ".." , j(1f.;'] ,i 5. Admitted, on information and belief. 6. Admitted, on information and belief. 7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 7; proof thereof is demanded. 8. Admitted, with the clarification that Defendant's address is 4 Karen Court, Camp Hill, Pennsylvania 17011. 9. Admitted. 10. Admitted. 11. Admitted that Defendant made a left hand turn; denied that said turn was "directly in front ofthe Plaintiff's vehicle." Admitted that the two vehicles ultimately came into contact with each other. 12. Paragraph 12 sets forth a conclusion oflaw to which no response is required.. Should a response be deemed required, Defendant: a.) Denies that he failed to keep a vigilant outlook for traffic approaching in the opposite direction; b.) Denies that he failed to see the Plaintiff s vehicle lawfully approaching in the opposite directions; to the contrary, Plaintiff Regina Sargeant was operating her vehicle too fast for conditions and failed to observe that, well in advance of her approach to the area of the intersection, Defendant had already commenced his left turn toward the interstate entrance ramp; c.) Admits that he saw the Plaintiffs vehicle approaching his vehicle in an easterly direction, but denies the implication that he commenced his left turn in anything other than a safe, careful and appropriate manner; ,-.I -,,__",-- - _;'. ' , - ---', ,.,,"~'_ -" ' ,'~' _ ~ __"J .- ,,--, ,,-k -=-,;,~'~--l-__, ,:_ ~ -__ __J _ ~ 1__ ,_; _0 _ ".-~ __ __'.; ,,_ '_'...' , 5_",,~ '-'';', ~, d.) Denies that he "failed to yield the right of way to the Plaintiff s oncoming vehicle" because Plaintiff did not have the right of way inasmuch as Defendant had already commenced his left turn well in advance of Plaintiff s approach. Further denied that Plaintiff was "lawfully proceeding;" to the contrary, she was traveling too fast for conditions and too fast in light of Defendant's having previously commenced his left turn prior to her approaching the area at Issue; e.) Denies that he failed to avoid "striking" the Plaintiff s vehicle; impact was inevitable in light of the Plaintiffs negligence; f.) Denies that he crossed over the center lane of travel into the Plaintiffs lane of travel and collided with the Plaintiffs vehicle; g.) Denies that he violated 75 Pa.C.S.A. 3323. ANSWER TO COUNT I Loretta Burns v. Bradlev J. Darbow 13. Defendant incorporates herein by reference his answers to Paragraphs I through 12, above. 14. Paragraph 14 sets forth a conclusion oflaw to which no response is required. Should a response be deemed required, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 14; proof thereof is demanded. 15. Paragraph 15 sets forth a conclusion oflaw to which no response is required. Should a response be deemed required, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 15; proofthereofis demanded. WHEREFORE, Defendant demands judgment in his favor and against the Plaintiffs. l, ',"' cu._ ~-;"-'-""-u'- '-" ie, I,,: - Ie ",.1 ,u_ ',' ',,\,' '-u,." _"__,__ lil;;,j" ANSWER TO COUNT II Eueene Burns v. Bradlev J. Darbow 16. Defendant incorporates herein by reference his answers to Paragraphs I through 15, above. 17. Paragraph 17 sets forth a conclusion oflaw to which no response is required. Should a response be deemed required, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 17; proof thereof is demanded. WHEREFORE, Defendant demands judgment in his favor and against the Plaintiffs. ANSWER TO COUNT III Regina Sereeant v. Bradlev J. Darbow 18. Defendant incorporates herein by reference his answers to Paragraphs I through 17, above. 19. Paragraph 19 sets forth a conclusion oflaw to which no response is required. Should a response be deemed required, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 19; proof thereof is demanded. 20. Paragraph 20 sets forth a conclusion oflaw to which no response is required. Should a response be deemed required, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 20; proof thereof is demanded. WHEREFORE, Defendant demands judgment in his favor and against the Plaintiffs. ANSWER TO COUNT IV Rebecca Meredith v. Bradlev J. Darbow 21. Defendant incorporates herein by reference his answers to Paragraphs 1 through 20, above. -,- '-,--, - ,- " . . - ,- -.--~, - - 22. Paragraph 22 sets forth a conclusion oflaw to which no response is required. Should a response be deemed required, Defendant is without knowledge or information sufficient to form a belief as to the truth ofthe averments of Paragraph 22; proof thereof is demanded. 23. Paragraph 23 sets forth a conclusion oflaw to which no response is required. Should a response be deemed required, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 23; proof thereof is demanded. WHEREFORE, Defendant demands judgment in his favor and against the Plaintiffs. NEW MATTER 24. The applicable Statute of Limitations bars the Plaintiffs' Complaint. 25. Each ofthe Plaintiffs' injuries, if any, were caused by the acts and/or omissions of persons other than Defendant. 26. Pennsylvania's Comparative Negligence statute bars all or part of Plaintiffs ' claims. 27. Plaintiff Eugene Burns is without standing to bring the action on behalf ofthe minor plaintiff, Rebecca Meredith. WHEREFORE, Defendant demands judgment in his favor and against the Plaintiffs. Respectfully submitted, By: Date: 11(Pf~1 Brigi . Alford, Es Supreme Court I.D. 8590 Jeffrey E. Piccola, Esquire Supreme Court J.D. #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Darbow ;..,,~^> ,^ " I 1,"- ,_',_';0' VERIFICATION I, Bradley J. Darbow, hereby verify that the facts contained in the foregoing Defendant's Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. ~o4J Bradley J. Darbow Date: .2./11i!O/ :-: "~'~"""''''';1 I ; III -' " -----'~- , ,'", '" " I ,,I., , "--'" ~I--.- F~ .-< -,~\(,,, , -". ,,' -,t~' CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant's Answer to Plaintiffs' Complaint with New Matter by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: David W. Knauer, Esquire 411- A East Main Street Mechanicsburg, P A 17055 By: Date: 4/~(o( Ilil' :."'.l... "'-- tl;;:' ". .~iL 117 W,""ili ,.,~~- c' ,::) , C ~..'- -'1 , ....0 , )"11 '~, ~1.i ':'iJ , r-~ ., ~-J c " (=) '-- " C~; r-", r~ " -0 'T, .--,~ " "'(1 -" ."j () .!_- Cl P ~; (.:) 0 rn __uj ~! ,,) p. :n -< \D -< - (;: - -I, I, '!i!/ii.i,^ .L II Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law No. 2000- 6815 Civil Term Plaintiffs v. Bradley J. Darbow Jury Trial Demanded Defendant PLAINTIFFS' REPLY TO NEW MA TIER 24.- 27. Denied as alleged. The Plaintiffs aver to the contrary that paragraphs 24 - 28 of the Defendant's New Matter are conclusions of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. '- WHEREFORE, the Plaintiffs demand judgment in their favor and against the Defendant on the Defendant's New Matter. Date: February 17, 2001 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ~~If:::v Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 '''", ' 1-,- ".,",'. I Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law No. Civil Term Plaintiffs v. Bradley J. Darbow Jury Trial Demanded Defendant CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 17th day of February 17, 2001 serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wiskersham 315 Nth Front St. P.O: Box 741' '-"', Harrisburg, PA 17108-0741 ~IM-JIJ~~ David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 '.. , "" .L~,~." q" 1.@1 'fIl~~\*,,"~'.~_~"'m.,""_ .,1. (') ~ -ofr:'i m-n--: ~~: r::;C; );:~ ~~~~ z :< , '" ,c".. 1::) o -n "-;"J -;"J CO i'v ,::) -0 ::;;: ::? :--) \0 <W '"".._ ..'", <, .,poJ . < , i' rei , "':r'-.-: ~::? r~ ~_'-,\ :Ti '-':'C) ~rn -< . 1-,' 'L- ,_, I ,''''- - '- '~ ", &:1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law No.tt)-Mttlvil Term Plaintiffs v. Bradley J. Darbow Jury Trial Demanded Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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. 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 HA VB 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, Pennsylvania 17013 (717) 249-3166 _ ~I 'J " "~ . - ~liItl NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persoa 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objections alas 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 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Respectfully submitted, DAVID W. KNAUER, P.C. Date: October 4, 2000 David W. Knauer, Esquire Attorney for the Plaintiff Attorney LD. No. 21582 411-A East Main Street Mechanicsburg, P A 17055 (717) 795-7790 "M~ - ,I _I,,", """ Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law No. b1J'(,~ I 5 Civil Term Plaintiffs V. Bradley J. Darbow , Jury Trial Demanded Defendant COMPLAINT 1. The Plaintiff Loretta Burns is an adult individual with an address of 419 Swatara Street, Steelton, Pennsylvania. 2. The Plaintiff Eugene Burns is an adult individual and spouse of the Plaintiff Loretta Burns and resides with the Plaintiff Loretta Burns at her aforesaid address. 3. The Plaintiff Regina Sargeant is an adult individual with an address of 419 Swatera Street, Steelton, Pennsylvania. 4. The Plaintiff Rebecca Meredith is a minor with an address of 419 Steelton, Pennsylvania. The Plaintiff Eugene Burns, the minor's grandfather, has custody and guardianship of the minor by agreement. 5. At all times relevant herein, the Plaintiff Regina Sargeant was the operator of a certain 1990 Plymouth Voyager owned by the Plaintiff Eugene R. Burns. 6. At all times relevant herein, the Plaintiff Loretta Burns and the Plaintiff Rebecca Meredith were passengers in the aforesaid Voyager the Plaintiff Regina Sargeant was operating at the time of the hereinafter set forth collision. ^ -~ , I, ."""= ~'~ O;t,.- 7. At all times relevant herein the Plaintiff Eugene Burns had custody of the minor Plaintiff Rebecca Meredith, his granddaughter. 8. The Defendant Bradley J. Darbow is an adult individual, hereinafter referred to as the "Defendanf' with an address of 45 Rolo Court, Mechanicsburg, Pennsylvania. 9. On October 8, 1998 at or about 7:20 a.m., the Plaintiff Sargeant was operating a certain 1990 Plymouth Voyager the co-Plaintiff Eugene Burns owned in the right hand lane in an easterly direction on Lowther Street, Borough of Lemoyne, Cumberland County and Commonwealth of Pennsylvania. 10. On the aforesaid date and at the aforesaid time, the Defendant was operating a certain 1987 Ford Bronco II in a westerly direction on Lowther Street. 11. On the aforesaid date, at the aforesaid time and at the aforesaid location, the Defendant made a left hand turn into the easterly lane of travel directly in front of the Plaintiffs vehicle which then collided with the Plaintiffs vehicle. 12. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendant in that he: a.) failed to keep a vigilant outlook for traffic approaching in the opposite direction; b.) failed to see the Plaintiffs vehicle lawfully approaching in the opposite directions; c.) saw the Plaintiff's vehicle approaching his vehicle in an easterly direction; d.) failed to yield the right of way to the Plaintiffs oncoming vehicle which was lawfully proceeding as aforesaid in its own lane of travel; " ,I ,l_v e.) failed to avoid striking the Plaintiff's vehicle; f.) crossed over the center lane of travel into the Plaintiff's lane of travel and collided with the Plaintiffs' vehicle; g.) violated 75 Pa.C.SA 3323. COUNT I LORETTA BURNS V. BRADLEY J. DARBOW 13. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 12 of the within Complain as if more fully set forth herein by reference thereto. 14. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to temporomandibular joint dysfunction (TMJ) and soft tissues injuries. 15. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past and future pain and suffering; b.) past and future emotional distress; c.) past and future loss of enjoyment of life; d. past and future embarrassment and humiliation. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. ',- ".'-~"'~<l, L COUNT II EUGENE BURNS V. BRADLEY J. DARBOW 16. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 15 of the within Complaint as if more fully set forth herein by reference thereto. 17. Solely as a result of the carelessness, recklessness an negligence of the Defendant the Plaintiff has suffered the loss of consortium. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. COUNT III REGINA SERGEANT V. BRADLEY J. DARBOW 18. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 17 of the within Complain as if more fully set forth herein by reference thereto. 19. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to soft tissue injuries. 20. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past pain and suffering; b.) past loss of enjoyment of life; :1 -,v-~ ;:, - c.) past emotional distress. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. COUNT IV REBECCA MEREDITH V. BRADLEY J. DARBOW 21. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 20 'of the within Complain as if more fully set forth herein by reference thereto. 22. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to soft tissues injuries. 23. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past and pain and suffering; b.) past emotional distress; c.) past loss of enjoyment of life; I I I ~ - ""imIi~ WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. Date: October 4, 2000 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ~~!!.~ Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ~ ,. L ;L:,; _;",1,.,,_,_,,-" ", 'r---, VERIFICATION Subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities, we hereby certify that the facts in the foregoing pleading are true and correct to the best of our information and belief. Date: /tJ/3/Cl 0 , ~~<;1 ~ ~~ / .. - I . ~~ J -,' ,-,~ iil<~ :.. VERIFICATION Subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities, we hereby certify that the facts in the foregoing pleading are true and correct to the best of our information and belief. Date: ~ ex . !}ax) f1ra ~~ tl : ~:~ . ok:: ~~; .:,- "'... \_,.' ;", . :;:.,:~ : T' ; ?~ t-" ..< ,() ~'^"" ~ r'-- ~ 'f': : .:,'( r :~ : ~::t ~ . ',~. . , ,~- "'~~~~~~~i~:t;---~ -,~-,-- ~~ '"'- >-:c:;. C> .-t::'" ~~ c::t\ -'j ,,,.'" ceO' _ ,,,,-, "'I " II'. " i , .i I ~ C c: II \<!f t) (,::> C .;':.) ;? (:) Y2~l.~i' COO) " -"-I :]2 ~~ ~~'-. I ----, i'--' -< .j:" ~-,J ~ ~" f--) ~~~, -'0 _m' -- ::;;! (") p-\.._.I J:- "';;rn C .. Co 7 ?x5 <- :< (Jl -< ~ ~ ? J m!' ! , " b.. ' ~ :. .,,~ :. r:' . >-- : _LV ~~~;~:' 0;' "'. :t' iTI. -' 0> 1 z. ",,; ~: "",.'. > J ~1 ,.. -,,-..-' -,-- .~=--- ,~ 'l " ~ -,;!;.._-;.-:i I., .' _: ~_,<,,__.:,_I.'_r.,c, :"",;", ~' ,-~_ '0', '" '",,'_" "-'-,' - . ,,,', " . __' _<''- ~ "~,I ~~ m:\home\bqa\litigat\statefrrn\darbowlMotion in Limine.wpd Draft #2 . . Apri123, 2002 Brigid Q, Alford, Esquire Supreme Court LD. #38590 Jeffrey E. Piccola, Esquire Supreme Court J.D. #1801$ BOSWELL, TININER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Bradley J, Darbow LORETTA BURNS, EUGENE,BURNS, . REGINA SARGEANT, and EUGENE BORNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARBOW, Defendant : JURY TRIAL DEMANDED DEFENDANT'S MOTION IN LIMINE REGARDING ARGUMENT ABOUT AND REFERENCE TO SOFT TISSUE INJURIES. NECK/CERVICAL STRAIN OR WHIPLASH. AND INJURIES TO PLAINTIFFS SARGEANT AND MEREDITH Defendant Bradley J. Darbow, by his attorneys, Brigid Q. Alford, Esquire, and Boswell, Tintner, Piccola & Wickersham, respectfully moves the Court to preclude any argument about or reference to Plaintiff Loretta Burns ' soft tissue injuries, necklcervical strain and/or whiplash, as well as any argument about or reference to injuries suffered by Plaintiffs Sargeant and Meredith, and in support thereof avers as follows: Plaintiff Loretta Burns' Alleged Iniuries 1. In her Complaint, at Paragraph 14, Plaintiff Loretta Burns avers that, as a result of Defendant's negligence, she suffered "sundry inj uries to her person," including "soft tissue injuries." A copy of the Complaint is attached hereto, and identified as Exhibit A. Ii 'I , 1,'1 ~ 1'1 , I II II ! i i i , i ! , , i. j';~, ~ "y" .~ , ,,~_ III \ '~)TP~:rY l')) ~C'P?g Ii' ,~,. ?l:; t,.~ ~ ,I .j. ........ l'11 I .J' _..... C'U' "" ".. ,.., I'IT\I t Mtj:'::l"iLI"'" ";~.1 (,),.)1".,1 \ i f DEN^"'YL"/\,N"\ t. 1'4':) ~l\ i/' . ".~."""'_ ,_'~' ~~,<'!1~' '-,_"""_',,~, ,'L!!,,,, "" . ','Y"" .,,' ""--. , J I "',,I c , ", .., , .. .. 1h"-~'~, " .. '"".' ^,", ",..c;,';'Ar'P , ~ ij 2. Records produced during the course of pretrial discovery from Holy Spirit Hospital Emergency Room reflect a discharge diagnosis of multiple bruises and abrasions and "neck strain." Plaintiffs did not identify any medical care provider from the Holy Spirit Hospital Emergency Room as a trial witness in their Pretrial Memorandum. 3. Records produced during the course of pretrial discovery from Emily Matlin, D.O., a family physician who treated Mrs. Bums post-accident, include a finding of increased myofascial spasm in the cervical, thoracic and lumbar paraspinal muscles, and a reference to her having presented with a "history of cervical and thoracic myofascial pain following a motor vehicle accident." Plaintiffs did not identify Dr. Matlin as a trial witness in their Pretrial Memorandum. 4. Records produced during the course of pretrial discovery from Dr. Charisse J. Huston, a chiropractor who treated Mrs. Burns post-accident, include an assessment of a "chronic cervical sprain" of the second degree. Although Plaintiffs identified Dr. Huston as a trial witness in their Pretrial Memorandum, they have not deposed her in anticipation of offering her deposition testimony at trial and, on March 7, 2002, Plaintiffs' counsel represented to the undersigned that he does not intend to call Dr. Huston to testify live at the trial of this case. 5. Records produced during the course of pretrial discovery from Dr. Jay Cho, a physical medicine specialist who treated Mrs. Burns post-accident, include a fmding of "cervical pain with the presence of muscle spasms and left thoracic outlet syndrome with possible CTS and spondylosis in the neck, thoracic muscle ligament strain, and lower back muscle ligament strain with deconditioning." Although Plaintiffs identified Dr. Cho as trial witness in their Pretrial Memorandum, they have not deposed him in anticipation of offering his deposition testimony at trial -2- _,._ , ' ,-d ,,-,_, "-, "", '''''''",",",''~' ,"",,""~- ~"" " 0 <"0:'-" '" ,+ I ,,' ,'_: - '~, ' ;, ,;":; e,:-Ik:'[:.l'-':-':-' (.C,. ' ; ::~,--, --;-B~;iJe;'k~'''t, '-J,,"~,-!t,i,,,,i![":.,, -~-, '"_'.' .", L-", -.~\~.;,;' :'~" '--1';'-~;",,[,;:";';!.ol~;!t;:-i";?:':,'-, -, and, on March 7, 2002, Plaintiffs' counsel represented to the undersigned that he does not intend to call Dr. Cho to testify live at the trial of this case. 6. Notwithstanding the various references to necklcervical strain, whiplash, etc., in the medical records for Loretta Burns that have been produced during pretrial discovery, and notwithstanding the reference to her "soft tissue injuries" alleged in the Complaint, Plaintiffs will not be presenting to the jury any expert witness who can testify as to the findings in these records, or who can express an opinion, within the requisite reasonable degree of medical certainty, that the motor vehicle accident at issue caused these particular injuries. Iniuries to Plaintiffs Sargeant and Meredith 7. Plaintiff Sargeant and, through her legal guardian Eugene Burns, Plaintiff Meredith, have reached a settlement with Defendant Darbow and his insurer concerning their claims raised in the Complaint in this case. 8. Counsel for Plaintiffs has presented a Petition to the Court to approve the settlement as to the minor Plaintiff, Rebecca Meredith, which the Court, by the Honorable Judge Hoffer, approved on April 22, 2002. 9. In light of the pretrial settlement reached as to these two Plaintiffs, both of whom were minors at the time ofthe accident and both of whom reside with Plaintiffs Eugene and Loretta Burns, it would be unduly and unnecessarily prejudicial to Defendant Darbow, were mention to be made during the trial of this case as to the fact, nature, or extent of injuries suffered by either Ms. Sargeant or Ms. Meredith allegedly as a result of the accident at issue. -3- .. .' '. c_~_~,,' , ,,0'""_0" L :,-~..' 1-" I ,-"", -, C'~ , ',c.;..',,;, " - , . >', "',;.;, ~",_."""'''~'' -'''-,-,-, ~"- WHEREFORE, Defendant Darbow respectfully moves the Court to grant his Motion in Limine and issue an Order precluding Plaintiffs and/or their counsel from stating, referencing, mentioning, listing, arguing, or in any way alluding to: 1. the condition of Loretta Burns' neck, back, and/or cervical area prior or after the motor vehicle accident at issue, and 2. the fact, nature, or extent of injuries suffered by either Ms. Sargeant or Ms. Meredith allegedly as a result ofthe accident at issue, and further directing that such Order shall be in effect throughout the entire course of the trial, including jury selection, opening statements, closing arguments, and testimony elicited during the course of the trial itself. Respectfully submitted, By: ~d_/)~ Brigi Q. Alford, Esq e Supreme Court J.D. #38590 Jeffrey E. Piccola, Esquire Supreme Court J.D. #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17l08-074l Attorneys for Defendant Bra~ley J. Darbow Date: 1t1J-5/0d- " .', < -f :'1;_-" ",;;,I~~,;;-:;", - ",;, ''-i.",,->_~~ ' -,,-- -'-'--, , '>::-.t;"e<:L.'; RECEIVED HARRISBURG OEe 07 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law No. AO - Civil Term la.61 S Plaintiffs v. Bradley J. Darbow Jury Trial Demanded Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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, Pennsylvania 17013 (717) 249-3166 EXHIBIT fI I J ....", ~, L .1: ~,-,I- :~_,-,,:,,:" :_~, - -~ ,-,- ,",. <1-, '-;;",..;;",'(;,":. ",.,.,;-[; NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persoa 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objections alas 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 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. Sl NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OF1CINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Respectfully submitted, Date: October 4, 2000 David W. Knauer, Esquire Attorney for the Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, P A 17055 (717) 795-7790 ~ -, I . , ,,;,J- - ~-. ,'. .""','0., '-';-d," ''"''lli,'. Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law ~~~E'V!Et) "I1s'SURG DEe {J 7 '~G,h'"" No. 2000- 6815 Civil Term Plaintiffs V. Bradley J. Darbow Jury Trial Demanded Defendant COMPLAINT 1. The Plaintiff Loretta Burns is an adult individual with an address of 419 Swatara Street, Steelton, Pennsylvania. 2. The Plaintiff Eugene Burns is an adult individual and spouse of the Plaintiff Loretta Burns and resides with the Plaintiff Loretta Burns at her aforesaid address. 3. The Plaintiff Regina Sargeant is an adult individual with an address of 419 Swatera Street, Steelton, Pennsylvania. 4. The Plaintiff Rebecca Meredith is a minor with an address of 419 Steelton, Pennsylvania. The Plaintiff Eugene Burns, the minor's grandfather, has custody and guardianship of the minor by agreement. 5. At all times relevant herein, the Plaintiff Regina Sargeant was the operator of a certain 1990 Plymouth Voyager owned by the Plaintiff Eugene R. Burns. 6. At all times relevant herein, the Plaintiff Loretta Burns and the Plaintiff Rebecca Meredith were passengers in the aforesaid Voyager the Plaintiff Regina Sargeant was operating at the time of the hereinafter set forth collision. / ~- ~.- ,,' ,,,-L -.- I,: , ,~"I -, , ~' ,'. ,;,:" ;' ,-,~- - _:,~" '. "~" --n~ RECEiVEC . " . HARRISBURG 7. At all times relevant herein the Plaintiff Eugene Burns had custody of ' DEe 01 7 2000 the minor Plaintiff Rebecca Meredith, his granddaughter. 8. The Defendant Bradley J. Darbow is an adult individual, hereinafter referred to as the "Defendant" with an address of 45 Rolo Court, Mechanicsburg, Pennsylvania. 9. On October 8,1998 at or about 7:20 a.m., the Plaintiff Sargeant was operating a certain 1990 Plymouth Voyager the co-Plaintiff Eugene Burns owned in the right hand lane in an easterly direction on Lowther Street, Borough of Lemoyne, Cumberland County and Commonwealth of Pennsylvania. 10. On the aforesaid date and at the aforesaid time, the Defendant was operating a certain 1987 Ford Bronco II in a westerly direction on Lowther Street. 11. On the aforesaid date, at the aforesaid time and at the aforesaid location, the Defendant made a left hand turn into the easterly lane of travel directly in front of the Plaintiff's vehicle which then collided with the Plaintiff's vehicle. 12. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendant in that he: a.) failed to keep a vigilant outlook for traffic approaching in the opposite direction; b.) failed to see the Plaintiff's vehicle lawfully approaching in the opposite directions; c.) saw the Plaintiff's vehicle approaching his vehicle in an easterly direction; d.) failed to yield the right of way to the Plaintiff's oncoming vehicle which was lawfully proceeding as aforesaid in its own lane of travel; .,.1,," -- .1 ",-'-, - _c_._-", ,,,' .,j ,- ",0_, . ,_",~" ,- ,"_~. "~Co _ ""~L : RECEIIVEC l-fARRISBURG DEe 0 7 200L e.) failed to avoid striking the Plaintiffs vehicle; f.) crossed over the center lane of travel into the Plaintiffs lane of travel and collided with the Plaintiffs' vehicle; g.) violated 75 Pa.C.S.A. 3323. COUNT I LORETTA BURNS V. BRADLEY J. DARB OW 13. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 12 of the within Complain as if more fully set forth herein by reference thereto. 14. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to temporomandibular joint dysfunction (TMJ) and soft tissues injuries. 15. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past and future pain and suffering; b.) past and future emotional distress; c.) past and future loss of enjoyment of life; d. past and future embarrassment and humiliation. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. ~ .~. -". ,1'- I';'" '~ 14 -'-~ '1c..;", ':" ",,-,' '~i RECEIVI::D . HARRISBURG DEe 0 7 200U COUNT II EUGENE BURNS V. BRADLEY J. DARBOW ~ 16. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 15 of the within Complaint as if more fully set forth herein by reference thereto. 17. Solely as a result of the carelessness, recklessness an negligence of the Defendant the Plaintiff has suffered the loss of consortium. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. COUNT III REGINA SERGEANT V. BRADLEY J. DARBOW 18. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 17 of the within Complain as if more fully set forth herein by reference thereto. 19. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to soft tissue injuries. 20. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past pain and suffering; b.) past loss of enjoyment of life; ~~~ <<I.. 'I,,,, ",-,__""_1,,,-"_1._;";"-,___, "'...i' ,'c-" " c "';'~';':' ,,~ ,: _ ,;.:" OI;",,!:'i RECEIVED HARRISBURG DEe 0 i 2UIOO c.) past emotional distress. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. COUNT IV REBECCA MEREDITH V. BRADLEY J. DARBOW 21. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 20 of the within Complain as if more fully set forth herein by reference thereto. 22. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to soft tissues injuries. 23. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past and pain and suffering; b.) past emotional distress; c.) past loss of enjoyment of life; lo,~ , -;1, ".--,.<,,";;: ~,,~ -,"",_ < ' '-'-'-':", , Mw! RECI::':'IVE HAR 0;:;, . D '1"\ RISBURG WHEREFORE, the Plaintiff demands judgment in his favor and againsDEC 0 7 2000 the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. Date: October 4,2000 avid W. Knaue , Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 , .. -~ -, ", "', u" ;"'''; -~ c.,' I ,-- ""~ 1;-"",-,_--,__ "'~_,'~-' "'Ji,,,;~: ,-~.c..;"-,~"',~,"_,',,,- -,_"" ~, , ;,'--',-, .;,",",:,.;~ :,::-~t;;"'l-.. -<;;":' iid CERTIFICATE OF SERVICE I do hereby certify that I have served a true and COlTect copy of the foregoing Defendant's Motion in Limine Regarding Argument about and Reference to Soft Tissue Injuries, Neck/cervical Strain or Whiplash, and Injuries to Plaintiffs Sargeant and Meredith byfust-class United States mail, and addressed as follows: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, P A 17055 Attorney for Plaintiffs By: L&~;(.~~ Brigi . Alford, Es re Date: ~5/d~ . -.-, --,~. - ____=_,_o.,~.. '->o;-_",'",-e_"'-<-'~, .,- -'-.'::" '~'~-"'"-r~';'c""'h,;-', I'_,~'_",_,;''', <-:",.':r':';')~'I".""::,,~"- .-~.;>,'",";>,._' ".j.,"" ':'-,;",<, ,_;;;',,__-:'. '__.,'__/"" , "L-' ~.';Q' APR 2 5 ;m02 j) LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARBOW, Defendant : JURY TRIAL DEMANDED ORDER OF COURT AND NOW TillS day of April, 2002, upon Defendant Bradley J. Darbow's Motion in Limine Regarding Argument About and Reference to Soft Tissue Injuries, Neck/Cervical Strain or Whiplash and Injuries to Plaintiff Sargeant and Meredith, it is hereby ORDERED: Plaintiffs and/or their counsel from stating, referencing, mentioning, listing, arguing, or in any way alluding to: 1. The condition of Loretta Burns' neck, back, and/or cervical area prior or after the motor vehicle accident at issue, and 2. The fact, nature, or extent of injuries suffered by either Ms. Sargeant or Ms. Meredith allegedly as a result ofthe accident at issue. It is further ORDERED that this Order shall be in effect throughout the entire course of the trial, including jury selection, opening statements, closing arguments, and testimony elicited during the course ofthe trial itself. BY THE COURT: J. . ~' ,".- -, "-.e""",,", , ""--"-I-F-" ~'d -" ,'".: ,~-\~",,:.,-i,' - '-'.: ,; , '.- ',~-O;';'~."" "-"'-'-<~iItj., LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEYJ.DARBOW, Defendant : JURY TRIAL DEMANDED ORDER OF COURT AND NOW THIS day of April, 2002, upon Defendant Bradley J. Darbow's Motion in Limine Regarding Argument About and Reference to Soft Tissue Injuries, Neck/Cervical Strain or Whiplash and Injuries to Plaintiff Sargeant and Meredith, it is hereby ORDERED: Plaintiffs and/or their counsel from stating, referencing, mentioning, listing, arguing, or in any way alluding to: I. The condition of Loretta Bums' neck, back, and/or cervical area prior or after the motor vehicle accident at issue, and 2. The fact, nature, or extent of injuries suffered by either Ms. Sargeant or Ms. Meredith allegedly as a result of the accident at issue. It is further ORDERED that this Order shall be in effect throughout the entire course of the trial, including jury selection, opening statements, closing arguments, and testimony elicited during the course of the trial itself. BY THE COURT: J. . ,,~ L', " ,~ 'I" '-,.JI", " "I~ ,,_. . d_ "':;; ;,,", ffj~ii LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARBOW, Defendant : JURY TRIAL DEMANDED ORDER OF COURT day of April, 2002, upon Defendant Bradley J. Darbow's AND NOW THIS Motion in Limine Regarding Argument About and Reference to Soft Tissue Injuries, Neck/Cervical Strain or Whiplash and Injuries to Plaintiff Sargeant and Meredith, it is hereby ORDERED: Plaintiffs and/or their counsel from stating, referencing, mentioning, listing, arguing, or in any way alluding to: 1. The condition of Loretta Burns' neck, back, and/or cervical area prior or after the motor vehicle accident at issue, and 2. The fact, nature, or extent of injuries suffered by either Ms. Sargeant or Ms. Meredith allegedly as a result of the accident at issue. It is further ORDERED that this Order shall be in effect throughout the entire course of the trial, including jury selection, opening statements, closing arguments, and testimony elicited during the course ofthe trial itself. BY THE COURT: J. " . ", -- I;,r- <,'-- ",,:_,,0;. , ' ~ ~ '-";!.Iliiffit;, LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARB OW, Defendant : JURY TRIAL DEMANDED ORDER OF COURT AND NOW THIS day of April, 2002, upon Defendant Bradley J. Darbow's Motion in Limine Regarding Argument About and Reference to Soft Tissue Injuries, Neck/Cervical Strain or Whiplash and Injuries to Plaintiff Sargeant and Meredith, it is hereby ORDERED: Plaintiffs and/or their counsel from stating, referencing, mentioning, listing, arguing, or in any way alluding to: 1. The condition of Loretta Burns' neck, back, and/or cervical area prior or after the motor vehicle accident at issue, and 2. The fact, nature, or extent of injuries suffered by either Ms. Sargeant or Ms. Meredith allegedly as a result ofthe accident at issue. It is further ORDERED that this Order shall be in effect throughout the entire course of the trial, including jury selection, opening statements, closing arguments, and testimony elicited during the course of the trial itself. BY THE COURT: J. , '"~~- " I" ,'~I';'-~' ~-, -,- I~'_",~;, _ "_"""'0 _, :",.""-,,, ,'" --~"fi LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEYJ.DARBOW, Defendant : JURY TRIAL DEMANDED ORDER OF COURT day of April, 2002, upon Defendant Bradley J. Darbow's AND NOW THIS Motion in Limine Regarding Argument About and Reference to Soft Tissue Injuries, Neck/Cervical Strain or Whiplash and Injuries to Plaintiff Sargeant and Meredith, it is hereby ORDERED: Plaintiffs and/or their counsel from stating, referencing, mentioning, listing, arguing, or in any way alluding to: 1. The condition of Loretta Burns' neck, back, and/or cervical area prior or after the motor vehicle accident at issue, and 2. The fact, nature, or extent of injuries suffered by either Ms. Sargeant or Ms. Meredith allegedly as a result of the accident at issue. It is further ORDERED that this Order shall be in effect throughout the entire course of the trial, including jury selection, opening statements, closing arguments, and testimony elicited during the course ofthe trial itself. BY THE COURT: . J. Ii' ,',;:"--. : I ~ .'1:;;",- ~ L :,. -, -,- 1$1, m:lhomelbqallitigatlstatefrmldarbowlMotion in Limine.wpd Draft #2 , ' April 23, 2002 Brigid Q. Alford, Esquire Supreme Court LD. #38590 Jeffrey E. Piccola, Esquire Supreme Court tD. #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Bradley], Darbow LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARBOW, Defendant : JURY TRIAL DEMANDED DEFENDANT'S MOTION IN LIMINE REGARDING ARGUMENT ABOUT AND REFERENCE TO SOFT TISSUE INJURIES. NECK/CERVICAL STRAIN OR WHIPLASH. AND INJURIES TO PLAINTIFFS SARGEANT AND MEREDITH Defendant Bradley J. Darbow, by his attorneys, Brigid Q. Alford, Esquire, and Boswell, Tintner, Piccola & Wickersham, respectfully moves the Court to preclude any argument about or reference to Plaintiff Loretta Burns' soft tissue injuries, necldcervical strain and/or whiplash, as well as any argument about or reference to injuries suffered by Plaintiffs Sargeant and Meredith, and in support thereof avers as follows: Plaintiff Loretta Burns' Alleged Iniuries 1. In her Complaint, at Paragraph 14, Plaintiff Loretta Burns avers that, as a result of Defendant's negligence, she suffered "sundry inj uries to her person," including "soft tissue,injuries." A copy of the Complaint is attached hereto, and identified as Exhibit A. l. . ".-, '^"~- .' ,:1-;,. "- < '~'" ,. - j .' ,~ "jj lfJi: 2. Records produced during the course ofpretIial discovery from Holy Spirit Hospital Emergency Room reflect a discharge diagnosis of multiple bruises and abrasions and "neck strain." Plaintiffs did not identify any medical care provider from the Holy Spirit Hospital Emergency Room as a trial witness in their Pretrial Memorandum. 3. Records produced during the course ofpretIial discovery from Emily Matlin, D.O., a family physician who treated Mrs. Bums post-accident, include a finding of increased myofascial spasm in the cervical, thoracic and lumbar paraspinal muscles, and a reference to her having presented with a "history of cervical and thoracic myofascial pain following a motor vehicle accident." Plaintiffs did not identify Dr. Matlin as a tIial witness in their Pretrial Memorandum. 4. Records produced during the course of pretrial discovery from Dr. Chari sse J. Huston, a chiropractor who treated Mrs, Bums post-accident, include an assessment of a "chronic cervical sprain" of the second degree. Although Plaintiffs identified Dr. Huston as a trial witness in their Pretrial Memorandum, they have not deposed her in anticipation of offering her deposition testimony at trial and, on March 7, 2002, Plaintiffs' counsel represented to the undersigned that he does not intend to call Dr. Huston to testify live at the tIial of this case. 5. Records produced during the course of pretrial discovery from Dr. Jay Cho, a physical medicine specialist who treated Mrs. Bums post-accident, include a fmding of "cervical pain with the presence of muscle spasms and left thoracic outlet syndrome with possible CTS and spondylosis in the neck, thoracic muscle ligament strain, and lower back muscle ligament strain with deconditioning." Although Plaintiffs identified Dr. Cho as trial witness in their Pretrial Memorandum, they have not deposed him in anticipation of offering his deposition testimony at trial -2- " .. , , -^,'-'- ,,'-- -,I. "','1...' .'.' '"", .1- ~ - ". ".... " '-, -~~ and, on March 7, 2002, Plaintiffs' counsel represented to the undersigned that he does not intend to call Dr. Cho to testify live at the trial of this case. 6. Notwithstanding the various references to neck/cervical strain, whiplash, etc., in the medical records for Loretta Burns that have been produced during pretrial discovery, and notwithstanding the reference to her "soft tissue injuries" alleged in the Complaint, Plaintiffs will not be presenting to the jury any expert witness who can testify as to the findings in these records, or who can express an opinion, within the requisite reasonable degree of medical certainty, that the motor vehicle accident at issue caused these particular injuries. Iniuries to Plaintiffs Sargeant and Meredith 7. Plaintiff Sargeant and, through her legal guardian Eugene Burns, Plaintiff Meredith, have reached a settlement with Defendant Darbow and his insurer concerning their claims raised in the Complaint in this case. 8. Counsel for Plaintiffs has presented a Petition to the Court to approve the settlement as to the minor Plaintiff, Rebecca Meredith, which the Court, by the Honorable Judge Hoffer, approved on April 22, 2002. 9. In light of the pretrial settlement reached as to these two Plaintiffs, both of whom were minors at the time of the accident and both of whom reside with Plaintiffs Eugene and Loretta Burns, it would be unduly and unnecessarily prejudicial to Defendant Darbow, were mention to be made during the trial of this case as to the fact, nature, or extent of injuries suffered by either Ms. Sargeant or Ms. Meredith allegedly as a result of the accident at issue. -3- ~ , '-' <' -'",1. -'0 "I'''' ;;:", "'" --,I", .. -.i' ",~ "^,' "Ij'~",_~,c '-,'1 _,.!:':.:-.', ".'L _-L' WHEREFORE, Defendant Darbow respectfully moves the Court to grant his Motion in Limine and issue an Order precluding Plaintiffs and/or their counsel from stating, referencing, mentioning, listing, arguing, or in any way alluding to: 1. the condition of Loretta Burns' neck, back, and/or cervical area prior or after the motor vehicle accident at issue, and 2. the fact, nature, or extent of injuries suffered by either Ms. Sargeant or Ms. Meredith allegedly as a result ofth", accident at issue, and further directing that such Order shall be in effect throughout the entire course of the trial, including jury selection, opening statements, closing arguments, and testimony elicited during the course of the trial itself. Respectfully submitted, By: ~~~d_ ;J~/4<-L Brigi Q. Alford, Esq te Supreme Court LD. #38590 Jeffrey E. Piccola, Esquire Supreme Court LD. #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Bradley J. Darbow Date: If/ ).010,)- ~~ .1' ,"d~ '" '-_'L , ',- ;Oil'. I~'- .,' --J _, "'_ ,'I " r.1ir""-""'J'-'-<lfr-tJ[~ RECEiVED l-lARRlSElURG DEe 07 2(100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law No. 7.,,0 - Civil Term la.61 S Plaintiffs v. Bradley J. Oarbow Jury Trial Demanded Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 clairned 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, Pennsylvania 17013 (717) 249-3166 EXHIBIT , t1 " , " I ,- ,~ k' q,', ,.1; '"', ,J _" '0- ~j ~'"" _"'... _ , '-0"',.-1,,_'--- ~I NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persoa 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objections alas dcmandas 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 0 alivio que es pedido en la petie ion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos irnportanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Respectfuiiy submitted, David W. Knauer, Esquire Attorney for the Plaintiff Attorney LD. No. 21582 411-A East Main Street Mechanicsburg, P A 17055 (717) 795-7790 Date: October 4, 2000 " ,,_ I, ." ,"" ~F~ '- 1:- 'I ~' '" _' - ~_, ., ,j._-,. :'__': '-~--.~'-"~: Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law RECEIVE 1'"1 HA,RRISB1.fRG' DEe [l? '~"i\;\.. No. 2000- 6815 Civil Term Plaintiffs V. Bradley J. Darbow Jury Trial Demanded Defendant COMPLAINT 1. The Plaintiff Loretta Burns is an adult individual with an address of 419 Swatara Street, Steelton, Pennsylvania. 2. The Plaintiff Eugene Burns is an adult individual and spouse of the Plaintiff Loretta Burns and resides with the Plaintiff Loretta Burns at her aforesaid address. 3. The Plaintiff Regina Sargeant is an adult individual with an address of 419 Swatera Street, Steelton, Pennsylvania. 4. The Plaintiff Rebecca Meredith is a minor with an address of 419 Steelton, Pennsylvania. The Plaintiff Eugene Burns, the minor's grandfather, has custody and guardianship of the minor by agreement. 5. At all times relevant herein, the Plaintiff Regina Sargeant was the operator of a certain 1990 Plymouth Voyager owned by the Plaintiff Eugene R. Burns. 6. At all times relevant herein, the Plaintiff Loretta Burns and the Plaintiff Rebecca Meredith were passengers in the aforesaid Voyager the Plaintiff Regina Sargeant was operating at the time of the hereinafter set forth collision. ~ J" ,~ I -, 1;-"'" j ',_0 ,,-I~_ ~' _). '0 ,).; .;:.",; <' -.,~;' w- : ; -'- li!,~i RECEIVE!:: HARRISBURG 7. At all times relevant herein the Plaintiff Eugene Burns had custody of DEe 07 2000 the minor Plaintiff Rebecca Meredith, his granddaughter. 8. The Defendant Bradley J. Darbow is an adult individual, hereinafter referred to as the "Defendant" with an address of 45 Rolo Court, Mechanicsburg, Pennsylvania. 9. On October 8, 1998 at or about 7:20 a.m., the Plaintiff Sargeant was operating a certain 1990 Plymouth Voyager the co-Plaintiff Eugene Burns owned in the right hand lane in an easterly direction on Lowther Street, Borough of Lemoyne, Cumberland County and Commonwealth of Pennsylvania. 10. On the aforesaid date and at the aforesaid time, the Defendant was operating a certain 1987 Ford Bronco II in a westerly direction on Lowther Street. 11. On the aforesaid date, at the aforesaid time and at the aforesaid location, the Defendant made a left hand turn into the easterly lane of travel directly in front of the Plaintiff's vehicle which then collided with the Plaintiffs vehicle. 12. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendant in that he: a.) failed to keep a vigilant outlook for traffic approaching in the opposite direction; b.) failed to see the Plaintiff's vehicle lawfully approaching in the opposite directions; c.) saw the Plaintiff's vehicle approaching his vehicle in an easterly direction; d.) failed to yield the right of way to the Plaintiff's oncoming vehicle which was lawfully proceeding as aforesaid in its own lane of travel; . ,~' ',"- ., '1 ;~I ~ ',-..,,; I ::" ' ,-,"-""',- - -,;:;",,,,,,; , "....' -, ~ l~i RECEIVED l-fARRISI8URG DEe 0,7 200.& e.) failed to avoid striking the Plaintiffs vehicle; f.) crossed over the center lane of travel into the Plaintiffs lane of travel and collided with the Plaintiffs' vehicle; g.) violated 75 Pa.C.SA 3323. COUNT I LORETTA BURNS V. BRADLEY J. DARB OW 13. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 12 of the within Complain as if more fully set forth herein by reference thereto. 14. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to temporomandibular joint dysfunction (TMJ) and soft tissues injuries. 15. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past and future pain and suffering; b.) past and future emotional distress; c.) past and future loss of enjoyment of life; d. past and future embarrassment and humiliation. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. , , - =1__.'_,~I_i__ _""/0 ,1.- ,_-'_-_',,__ ; -; >'!~:"..'; ~-'" .~~ RlI:::CEiVI::D HARRISBURG DEe 0 7 200U COUNT II EUGENE BURNS V. BRADLEY J. DARB OW ..... 16. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 15 of the within Complaint as if more fully set forth herein by reference thereto. 17. Solely as a result of the carelessness, recklessness an negligence of the Defendant the Plaintiff has suffered the loss of consortium. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. COUNT III REGINA SERGEANT V. BRADLEY J. DARBOW 18. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 17 of the within Complain as if more fully set forth herein by reference thereto. 19. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to soft tissue injuries. 20. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past pain and suffering; b.) past loss of enjoyment of life; J1 .il'" ,--I -. -,I... ,-,,~ -. -, _ _, ',~ 0; I ~~' ~ ,;_ " _, '" ,.-".,," j. ,-"-,, ,-,' ",--',,-~ " .,.., -11" ':jC-~~ RECEIVED HARRISBURG DEe 07.21100 . c.) past emotional distress. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. COUNT IV REBECCA MEREDITH V. BRADLEY J. DARBOW 21. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 20 of the within Complain as if more fully set forth herein by reference thereto. 22. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to soft tissues injuries. 23. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past and pain and suffering; b.) past emotional distress; c.) past loss of enjoyment of life; -' ; 0 0", - 1 "c" 1'-,',,- ," ,~ C-: >-.'_, I "~' .;,.,~. ' . ,- ' - ~ '-- .-' -, 0-1- -' , ~'~~; RECE'IV HARRISB(J~8 WHEREFORE, the Plaintiff demands judgment in his favor and againsDEC 0 7 2000 the Defendant in an amount in excess of the amount for referral; to mandatory arbitration, Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ~ Date: October 4, 2000 avid W. Knaue , Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 .. " li_. 'I' ; " ;..;~" c'!, "","'> c,. ., '-. - t . - . ~ .~ '. --"'1%41 CERTIFICATE OF SERVICE I do hereby certifY that I have served a true and COITect copy of the foregoing Defendant's Motion in Limine Regarding Argument about and Reference to Soft Tissue Injuries, Neck/cervical Strain or Whiplash, and Injuries to Plaintiffs Sargeant and Meredith by first-class United States mail, and addressed as follows: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, P A 17055 Attorney for Plaintiffs L/J- ~7~ By: 7~~ ""'1_ ~__ Brigid)Q. Alford, Es re . Date: If/J-:; /o'*- - - ~~^" - ]fti!li~',llit,.. 17. Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 00-6815 CNIL TERM Bradley 1. Darbow ORDER OF COURT AND NOW, March 18,2002, upon relation of the Court Administrator that this case cannot be reached this trial term, IT IS HEREBY ORDERED AND DIRECTED that this case be continued until the Apri129, 2002 trial term. The Prothonotary is directed to re1ist this case fpr the Apri129, 2002 trial term. Counsel are notified that they need not attend the Call of the List and no additional Pretrial Conference will be scheduled unless requested by either party. This case will be given preference and placed at the head of the list. By the Court, ~vid W. Knauer, Esquire For the Plaintiff ~gid Q. Alford, Esquire For the Defendant 7~~ 03-/9-02 RY'c o C ;~~:-,. q)f~j ~~: [<C:; .Pc' :z: o-C 5~ ~'3 -, -," -:~!" i'v ::::'::J Court Administrator l...t... :ld '';,<- "-) f" '--,) ;::~ s -< , .~.,".~~~ .1-., I.~. . . . ~ ~~IIllt<l1Sjolm""\i1>t,'iW:, ... AP<<rZ002 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Plaintiffs Civil Action - Law No. 2000-6815 Civil Term v. Bradley J. Darbow Defendant Jury Trial Demanded "Q AND NOW, this z:.:- day of , 2002, upon consideration of the atta.ched Petition for Approval of a Settlement for the Minor Plaintiff, Rebecca Meredith, it is hereby ORDERED and DECREED that a hearing will be held on said Petition on the ~ ~ day of A--~ in Court Room f :3 in the Cumberland County Courthouse at /tJ~)() JJ- m. By the Court \. li:1 "I I::j i::i II' i!! I" ill I;! II' ,I I,' Ii III 'I' 1'1.,: ,!I III, I'!I I!I !;~- - ... - "'~~ -l~~- --'" ~" 11" _,_,_,~ "__~ ^-~. ~ ." < ,~ __,'~,~ 0 ""' :r:;) 1',"-' ~ '-' ,.,. ':'0 ,"J' /' "k" ~~ 0...'\ " ~~ ~.~ " .-:; .".3 " ,~ '" <;;, ~ -~," ", ~_~~1l!lltillitJ,~~EW.ilif'~YI"'~i':'"~;:<=>t;-'~"""0,~"T.~f-f1":w.H1R'!!!!~~'1'l-_~~:s.~ =."",,~~fl!i1!,'1" ~__' "_~_,.,.l~ ,,",--, ,~~ ~ ~, ........... ~_I;,i:",,",,,,,~1'N"-CJ ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Plaintiffs Civil Action - Law No. 2000-6815 Civil Term V. Bradley J. Darbow Defendant Jury Trial Demanded PETITION FOR APPROVAL OF A SETTLEMENT FOR THE MINOR PLAINTIFF REBECCA MEREDITH 1. The Plaintiff Rebecca Meredith is a minor and her natural guardian is her grandfather, the Plaintiff Eugene Burns. 2. The minor was a passenger in the vehicle the Plaintiff Regina Sargeant was operating at the time of the collision involved in this case. 3. The minor's injuries were not serious and she has fully recovered from those injuries with no permanent damage. 4. The Defendant has offered $1, 500 as a compromise settlement. 5. Plaintiff's counsel believes that the aforesaid offer is fair and reasonable for the injuries she suffered as a result of the aforesaid collision. 6. Plaintiff's counsel's Contingent Fee Agreement was forty percent (40%) of the amount recovered by settlement or verdict. 7. The minor's settlement will not be reduced by costs of suit except for attorney's fees as aforesaid. , ':1 ,~ L-~,- 01 ""._'-~~""'~"~_.;m___""6:', ~ 8. The co-Plaintiff Eugene Burns will be guardian for the aforesaid minor and will deposit the settlement approved into a bank in his name as guardian and the minor's naml9 as owner until the minor achieves her majority at which time the aforesaid settlement plus interest earned thereon will be disbursed to the aforesaid minor. WHEREFORE, the Plaintiff prays that Your Honorable Court will approve the aforesaid settlement for the minor Rebecca Meredith. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. Date: March 27, 2002 ~~~,~l~ Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 j!"~~ir!:fut.J.4<>i~K'-""li~,"'kjl,~ S""C;;<,;.~~'0 \C,.,,;}\,wlTJi;;i:.!li!'~ _ ~c ,-^ .~..~~ ~~~i.~'d- :liiH_i.w~JIl~W - "",r' ~,~.' -"'''Ii 'I ,d ~-~ r q " i, :1 j :; ;) 1; II (') C) r r~.j ~~- dl cr '. CD ~;; " j'v 'J ""::... G~ CD r-=: J::;... ~,> - ...,:::.. (j :f-: S= C.I ~:::- .I"'~) ~ =2 f0 -< , ,~,~ .-.1 ,.,;,,~"~. ~,~- ~ - '~jW."",r. "' IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law No. 2000-6815 Civil Term Plaintiffs v. Bradley J. Darbow Jury Trial Demanded Defendant CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 2ih day of March, 2002 serve a true and correct copy of the Petition For Approval of a Settlement For The Minor Plaintiff Rebecca Meredith on all counsel of record by United States mail, first class, prepaid addressed as follows: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wiskersham 315 Nth Front St. P.O. Box 741 Harrisburg, PA 17108-0741 ~~M~Ji~!C Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 .J ," , "'I"""~_alli1~~!I~~0b,~""U',:",M';:6ti,.*;'M",:i:i,~;,\i_:)i"'''D.'<id-,,(;.::!_,,-'l;.ruili!:lli1~li!iiMt"'~' li!lil'~.i!.~~ .,.- ,-, ". ~ ,- l&iliii:mr.t:J] n :c~~~ 41[,'I! ~e~, _.i "",::'1--'- (/),1-. -<" s:;- o~" -_00 ~:~:~: -- c:' --",. ~- :2 ~-,) '-v ..~ "w '--~-} '-'v -- ~-"" >:J ;~,,~) c:;. ,-" ~ i I i r) ~~. <' ~ -I _c_~~ ---" i ~ -1-, ...~ "=.,,"-~, I;~__,\",,'.,. . < SHERIFF'S RETURN - NOT FOUND CASE NO, 2.000-06815 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BURNS LORETTA ET AL VS DARB OW BRADLEY J R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT DARBOW BRADLEY J but wa,3 unable to locate Him in his bailiwick. He therefore returns the NOTICE OF DEPOSITION, NOTICE & COMPLAINT, REQUEST FOR PRODUCTION OF DOCUMENTS, INTERROGATORIES NOT FOUND , as to the within named DEFENDANT , DARBOW BRADLEY J DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT NO FWDG, ATTY DID NOT PROVIDE FURTHER INFORMATION. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 6.20 5.00 10.00 .00 39.20 SO~~ R. homas Kline Sheriff of Cumberland County KNAUER & ASSOC. 11/03/2000 Sworn and subscribed to before me this ~~ day of~ J.o-v-o A.D. gt.Jl.~~ Pro h notary , .~--, - 'f' , Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Plaintiffs v. 1 ~u ~..._J.r~..-....,'V"~~.,'" ,- ,..{ -:wl~ _....,:_ ,.~- _ '"~J' I . _'_ Civil Action - Law No. oo-&US""'Civil Term o c ~~ 21''''' en" -<~:"" ~C) >-, :z:\. , -c >c 3 -< Bradley J. Darbow Jury Trial Demanded Defendant NOTICE OF DEPOSITION . -4~ .~-- , ~ o c.:;; = C') .-1 I .~. !::r. " , (-;+ -0 r:- .. 7~.) ;~~ ~ ':lJ -< ....) Please be advised that on December I, 2000, at 10:00 a.m., the Plaintiff will take the deposition of the Defendant Bradley 1. Darbow, at the offices of Knauer & Associates, 411-A East Main Street, Mechanicsburg, Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to dayunfil completed. You are invited to attend and participate in this examination. Date: October 4, 2000 Respectfully submitted, "- ,A 7Ci~:I~LSC David W. Knauer, Esquire . Attorney for the Plaintiff Attorney LD. No. 21582 411-A East Main Street Mechanicsburg, P A 17055 (717) 795-7790 , ._~n I~ I . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law o No.1J6{}g/5 Civil Term -o~ ~~" ~CJ )>-.,-) ~(-') Jury Trial Demanded >:; ~ Plaintiffs v. Bradley J. Darbow Defendant NOTICE TO DEFEND AND CLAIM RIGHTS ~,-,- '~'-" -- ""-- - illl.0,.: . C) r",- a '_,.J "'7"1 n !:-) -; I ~- ." ::r: r- :;1 en ,:.;0 ~~ 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. 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 ASSOCIA nON 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 , TRUE COpy FROM RECORD In Testimony wtJereot. I here unto set my haoo ...lt~~ fa ~!CJ ,... "av .~'. .,' ,fg_ ProthonotaJy ':".... , ',' J_ , _", I "n'-_O~ ~~'ii . Ni>TICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persoa 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objections alas 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 0 a1ivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 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, Pennsylvania 17013 (717) 249-3166 Respectfully submitted, DAVID W. KNAUER, P.C. Date: October 4, 2000 David W. Knauer, Esquire Attorney for the Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, P A 17055 (717) 795-7790 - -~ --.. -. ~ . " L.. _ -:;1 ~, - "ii*;;'jJ, Loretta Burns, Eugene Burns, Reg1i1a :T Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law No. Civil Term Plaintiffs V. Bradley J. Darbow Defendant Jury Trial Demanded COMPLAINT 1. The Plaintiff Loretta Burns is an adult individual with an address of 419 Swatara Street, Steelton, Pennsylvania. 2. The Plaintiff Eugene Burns is an adult individual and spouse of the Plaintiff Loretta Burns and resides with the Plaintiff Loretta Burns at her aforesaid address. 3. The Plaintiff Regina Sargeant is an adult individual with an address of 419 Swatera Street, Steelton, Pennsylvania. 4. The Plaintiff Rebecca Meredith is a minor with an address of 419 steelton, Pennsylvania. The Plaintiff Eugene Burns, the minor's grandfather, has custody and guardianship of the minor by agreement. 5. At all times relevant herein, the Plaintiff Regina Sargeant was the operator of a certain 1990 Plymouth Voyager owned by the Plaintiff Eugene R. Burns. 6. At all times relevant herein, the Plaintiff Loretta Burns and the Plaintiff Rebecca Meredith were passengers in the aforesaid Voyager the Plaintiff Regina Sargeant was operating at the time of the hereinafter set forth collision. I;..., ~,,~L'o 'll!!1tt 7. At all times relevant herein the I?laintiff Eugene Burns had custody of the minor Plaintiff Rebecca Meredith, his granddaughter. 8. The Defendant Bradley J. Darbow is an adult individual, hereinafter referred to as the "Defendant" with an address of 45 Rolo Court, Mechanicsburg, Pennsylvania. 9. On October 8, 1998 at or about 7:20 a.m., the Plaintiff Sargeant was operating a certain 1990 Plymouth Voyager the co-Plaintiff Eugene Burns owned in the right hand lane in an easterly direction on Lowther Street, Borough of Lemoyne, Cumberland County and Commonwealth of Pennsylvania. 10. On the aforesaid date and at the aforesaid time, the Defendant was operating a certain 1987 Ford Bronco II in a westerly direction on Lowther Street. 11. On the aforesaid date, at the aforesaid time and at the aforesaid location, the Defendant made a left hand turn into the easterly lane of travel directly in front of the Plaintiff's vehicle which then collided with the Plaintiff's vehicle. 12. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendant in that he: a.) failed to keep a vigilant outlook for traffic approaching in the opposite direction; b.) failed to see the Plaintiff's vehicle lawfully approaching in the opposite directions; c.) saw the Plaintiffs vehicle approaching his vehicle in an easterly direction; d.) failed to yield the right of way to the Plaintiff's oncoming vehicle which was lawfully proceeding as aforesaid in its own lane of travel; ~ "_ "~l. 0' I" I - ""';~h- e.) failed to avoid stri~ing thf;l Plaintiff's vehicle; f.) crossed over the center lane of travel into the Plaintiff's lane of travel and collided with the Plaintiffs' vehicle; g.) violated 75 Pa.C.SA 3323. COUNT I LORETTA BURNS V. BRADLEY J. DARBOW 13. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 12 of the within Complain as if more fully set forth herein by reference thereto. 14. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to temporomandibular joint dysfunction (TMJ) and soft tissues injuries. 15. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past and future pain and suffering; b.) past and future emotional distress; c.) past and future loss of enjoyment of life; d. past and future embarrassment and humiliation. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. - '""'"I;., I~ ~, ~ - d '.~" c"liMi:: COUNT II EUGENE BURNS V. BRADLEY J. DARBOW 16. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 15 of the within Complaint as if more fully set forth herein by reference thereto. 17. Solely as a result of the carelessness, recklessness an negligence of the Defendant the Plaintiff has suffered the loss of consortium. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. COUNT III REGINA SERGEANT V. BRADLEY J. DARBOW 18. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 17 of the within Complain as if more fully set forth herein by reference thereto. 19. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to soft tissue injuries. 20. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past pain and suffering; b.) past loss of enjoyment of life; .'.' ' -' , " I~ .I~' ~ " <<.,- c.) past emotional distress. r WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. COUNT IV REBECCA MEREDITH V. BRADLEY J. DARBOW 21. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 20 of the within Complain as if more fully set forth herein by reference thereto. 22. Solely as a result of the carelessness, recklessness and negligence of the Defendant the Plaintiff suffered severe an sundry injuries to her person including but not limited to soft tissues injuries. 23. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered the following elements of damages: a.) past and pain and suffering; b.) past emotional distress; c.) past loss of enjoyment of life; , -" "".~.,--" ..,-'.< ;-;-- " . -"- :t\~t ..,'..... " - -- , - j',~ ,~I "~-, I~~. ^ ,.;.;, ^ ,~-~.".-- '''1 il3~~; WHEREFORE, the Plaintiff qeman<;1s judgment in his favor and against the Defendant in an amount in excess of the amount for referral; to mandatory arbitration. Date: October 4, 2000 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. Qvi!&d,~ Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 - "'~.' ~ .','" . , L : :I.-~ 1 '., ii.~j1 VERI Fie A T ION Subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities, we hereby certify that the facts in the foregoing pleading are true and correct to the best of our information and belief. Date: /tJ/3/tJ 0 , -f ~~Y'~(?/.uUtA,v.],/ ~~ / ",' " ,< , {:,~ [ ,< "-'_"l~"; ,-- "'ri]~ . VERI Fie A T ION Subject to the penalties of 18 Pa. G<SA 4904 relating to unsworn falsification to authorities, we hereby certify that the facts in the foregoing pleading are true and correct to the best of our information and belief. Date: ("'(l-f 8 j}Cl~(; /~ I5f/zJ;YrD /"). ' ' L' Q "AJL CUFj20fr f/~ '_,.,__,_N,"_;-_ "---'!-',- . . '" - J~~ "- ~W-.-t . ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law No. ()C~lr('Cjvil Term Plaintiffs v. Bradley J. Darbow Jury Trial Demanded 0 ,-. ~, , c 0 =<- C:) ,,-q mcn c-) r,." ~j:;; -< I f- C/) -)::-, - ~, ~.:.,: -<"'-;;:- , r'c' :_~.? c7: '< .. -0 Pc ' .. z ,~ ~ '.'-~::!:! po r:- i.~M c:.: ~, z ~j =< 0"'1 ::0 -< Defendant PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS UNDER PA. R.C.P. NO. 4009 FIRST SET TO: Bradley J. Darbow 45 Rolo Court Mechanicsburg, PA 17055 Pursuant to Pa. R.C.P. 4009, you are hereby requested to produce the below-listed documents and/or items for purposes of discovery. This material will be examined and/or photocopied, photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced at the offices of David W. Knauer, Esquire, 411-A E. Main Street, Mechanicsburg, PA 17055 within forty-five (45) days of the date of service hereof and supplemented thereafter in accordance with Pa. R.C.P. 4007.4: 1. The entire contents of any investigation file or files and any other documentary material in your possession which relate in any manner (excluding , ' ~-" 1';. ~. b. '01 ~1, _ -,,_ . ,- "~~ ~!i"t' .. " references to mental Impressions, conclusions or opinions regarding the value or merit of the claim or defense or respecting strategy or tactics and privileged communication from and to counsel) to the within action. 2. Any and all statements concerning the action, as defined by Rule 4003.4 from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of ihe accident/incident or any instrumentality involved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports of any and all experts who will testify at Trial. 6. Reports of any and all agents or employees of Defendant prepared as a result of the incident. 7. A copy of the Defendant(s) insurance policy. Date: October 4, 2000 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ~~ !!u:/f:: Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ~ Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Plaintiffs v. Bradley J. Darbow Defendant I ,~<..: jlj'-F' Civil Action - Law No. dO --t.8"LS- Civil Term Jury Trial Demanded PLAINTIFF'S INTERROGATORIES DIRECTED TO THE DEFENDANT BRADLEY J. DARBOW To: Bradley J. Darbow PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4005, to serve upon the undersigned, within thirty (30) days after service of this Notice, your answers in writing under oath to the following Interrogatories. Date: October 4, 2000 ~~,~ Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ,~ I. . 01.......... L "1 " r '" DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (1) The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape recordings, etc.); (2) Its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer(s) (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A brief statement of the subject matter of such document. (C) Whenever you are asked to "identify" an oral communication the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of communication (e.g., telephone, personal conversation, etc.); (2) Where it took place; (3) Its date; " I., " , "-'" ill-i) (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject mater of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: (1) The name, present address, present employer, and position of the person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written or otherwise, and if so, the title and nature of any such ~l illI!If;;1 , . proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators and any other agents insofar as the material requested herein is not privileged. (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in the Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oa.th containing the same. ,- " [, ~,~....I~w~ ,,_,0, I"'" " "~, . ,. . INTERROGATORIES 1. State the name, age, home and business address, and telephone number of all persons you expect to call as expert witnesses either on liability or on damages at the trial of the above-captioned matter. . ~. :> 2. For all persons identified in the preceding Interrogatory, please enclose a current resume. -',I "., : ,~, ~~~ ','. ' " . ., . 3. For all persons identified in answer to Interrogatory No.2 above, set forth their qualifications, including, but not limited to, the following: (a) The schools or training programs that each has attended, including the years in attendance, and degrees or certificates, etc. received. (b) The name and address of the persons or firms for whom the individual worked for the last ten (10) years and a detailed description of all duties at each place of employment. (c) The facts to which the expert is expected to testify. (d) The opinion to which the expert is expected to testify. (e) A detailed summary of the factual grounds for each opinion. NOTE: If the person or persons listed in answer to Interrogatory No.2 has provided you with a report which included the above information, you may attach a copy of same in lieu of answering this Interrogatory. ~l~~ ,-~, I .. ,\' '<'C , ^"'l0id . .'. . 4. State the names, home and business addresses, and telephone numbers of all other persons whom you expect to call as witnesses at the trial of the above-captioned matter, stating whether each of the persons identified is expected to testify as to the issues of liability, or damage or both. L I ." . .. . 5. State the names, home and business addresses, and telephone numbers of any persons whom you do not expect to call as witnesses at the trial of the above-captioned matter, but who are eyewitnesses to the issue of liability or damages, specifying which as to each such person. I "c ilei .. ,J . 6. State the name, home and business address, and telephone number of any persons whom you do not expect to call as witnesses at the trial of the above-captioned matter and who have knowledge pertaining to the issue of liability. - , I J , .'-1." no ,'" J. . , ~ 7. State the name, home and business address, and telephone number of any persons whom you do not expect to call as witnesses at the trial of the above-captioned matter and who have knowledge pertaining to the issue of damages. , ~I -" ., " .( . . ~ 8. State the name, home and business address, and telephone number of all persons known by you, your agents or attorneys, who have knowledge relating to the incident, but who have not been listed in answer to any of the preceding Interrogatories. , I ,I ;,' ,[ ~" -"'ilIg' " " ,. 9. Please attach to your Answers to these Interrogatories any statements which are in the possession of you or your attorney taken of any witness or party regarding the facts and circumstances surrounding the happening of the incident referred to herein. , I , ~I I ,.,j '''Ii@; .:: .. .. 10. With respect to each of the past five (5) years, state: (a) Your yearly gross income. (b) Your yearly net income. (c) The name and address of the person, firm or corporation having custody of any papers pertaining to your income. (d) Attach copies of your income tax records for the preceding five (5) years. ... ]~ -:-l ~I: J ., . 11. List by name of company, type of policy and dollar amount of coverage any insurance contracts you own. . ., .. .. 12. Attach copies of the policies listed in the preceding interrogatory. G4lJ.~ David W. Knauer' Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Date: October 4, 2000 .'1' , ~,' ;lli . - . ~ l:1in1 ~ cg ~ '~!' -~~. -->c''f> ,<;'_~ ~ - I",'" L~T " I, ., ~.. .. ,,:j~~.l~ ":F F ,"TV , " "," n~' , ,~~~~~"C,Q,fMlif'_, @IV ~ ~ ~ Iirnrr[~~ir1~ , ".... "....f .' , .< '~". in n , -.~~_. ',I 'i " '~\,f)o't IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Plaintiffs v. Bradley J. Darbow Defendant Civil Action - Law No. 2000 - 6815 Civil Term Jury Trial Demanded PRAECIPE TO RE-INSTATE COMPLAINT TO THE PROTHONTARY: Reinstate the Complaint in the above matter. Date: November 13, 2000 -' Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ~~l~j~ Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ., . .-.~;~, ,,<,., 'II '" '--'-"iliMiUlijj1Ldi -'''k'''-':'~lJlli!f[~-i '""-Hi . "-~,",,,,-. ! ~J" I~,.~o<,,,,,--...b,r~;~!l>. . ,- ~~ , ~ ~"IiI'r .'.' IIll =~. o c -~ , -Ow mrT' 2:1:1 ~~ ~Ci Pc- 20 Pc: :z: =< -';j I' [ f (: 1. , I' t I' ,!' " i' I: , I I o o z o ,,;:;::: ~ --n "lr-= ~Dl r:q -;-.'-~y ::-~:;,'? (~B or" ~ :n -< (~) V -l:;:-, ::::> <::) "..- .'~ ,..l-", L ~'lr. .~= "~ 1__ I --...1 ~~~~~ ~~~.j~~"" SHERIFF'S RETURN - REGULAR CASE NO: 2000-06815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BURNS LORETTA ET AL VS DARB OW BRADLEY J SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DARBOW BRADLEY J the DEFENDANT , at 0017:16 HOURS, on the 29th day of November, 2000 at 4 RAVEN COURT CAMP HILL, FA 17011 by handing to BRADLEY DARB OW a true and attested copy of COMPLAINT & NOTICE together with REINSTATED and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 So ?~~~~~ R. Thomas Kline 11/29/2000 KNAUER & ASSOC Sworn and Subscribed to before By: \ me this /'I ~ day of ~;J-wi) A.D. ~a~.~ othonotary .. ~ .....~~ , I " ~ .1-..",.1._ JD..lII~'Ms; PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sutmitted in duplicate) TO THE POOTHONJTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) x for JURY trial at the next term of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Loretta Burns, Eugens Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor (X) Civil Action - Law Appeal from Arbitration (other) ( Plaintiff) vs. Bradley J. Darbow The trial list will be called on 02 -1 2 - 0 2 and Trials conrnence on 03- 11 - 02 (Defendant) Pretrials will be held on 02-20-02 (Briefs are due 5 days before pretrials. ) vs. (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. 00-6815 Civil Term 19 Indicate the attorney who will try case for the party who files this praecipe: David W. Knauer, Esquire Indicate trial counsel for other parties if known: Brigid Q. Alford, Esquire This case is ready for trial. Signed: ~ W.~ Dateh /~ 'd-Jo y-' Print Name: David W. Knauer, Esquire Attorney for: ~ldlllLIII ~i:rti'- ~.Jd_-' l[L'~:,t1Ml'~~~~_~ml<1!)J!,~","e'A;,)Jke<i';";i.4'1+':iil&li~~~Iiifti!Uill: '''''''" ,- ~^-~ . _. - .~ ".,'-",c___,"', "_~!tD.e~.~lijil ~, '~.H '~~"'Hl , -~ i 8 C;) <;f?, -oli N C- rofr "'" _.;j Z::n :a= ;"t"i;;J] ~;; co -1''';-n ~e _:1JO " C_\~ ~8 -::1"'f ..... esjj - :35'<:::: ~ ->0 ~ om c- -I .0:- 55 -< , -1,\.....:--._"," -'"--~-~-" . ' <', ~ !~ .':; ., DR. ROBERT J. BEAUDRY, Jr. '. . ~. .. , TMJHISTORY N~: L~,.~i4"{l..,;",,.J , Today's Date: ..... - , ,- ,-'~ -- --. . . ,~" y " V~(l/19 . .-, ','~.. ',-.' ;~ ." ...., ,.,;. ,- "'... "." ". "." ., , "PlEASE TELL US ABOUT YOURcoNtimoN AND CIRCLE ANY NuMBERS WHICH YOU .wouu:i l.IKE TO ELABCllV..TE ON riuiuNG YQuR CONSULTATION wrrn DR- BEAUDRY. ' ,,/:.::,',-.;:";'.~':",~.-~./. .:.~,:,';:<:'(:,~' .'; -.:"-: ~:':>"~~'-,<.--~':~/".,': :-':""'~-~'+":: ". ," ~~',,'~-'-':',"'->: ,,' .: -" ;," "_'-' '", ' .'4 ~.. _ ~_~ ' " "1. What problem brought you iiito the office today? . . ,- < ~. ~,...., ~ ' .. ' ~~ ,'0' ~ . ~L:'ItI '-~.!J ~ t..t..> i """"-.-.......11J ....') . _. - 'tI' - . . ,~ ";.: .,,,:,,'--',.e.,,,, ,', ':;":;H:,; '.... "i ':"-,..;~~~:, ":':iDoyou h~V~Ja~J()iiilp:ii~? , .'<.( ) No"'(.,.) Yes (~) Right <\3,]I!oyouhave'earpain? .. ,.' . ...,,' "., .' ( j No'rj). Yes ,". MRighi '.)4;':'Are you a;,.lii-eof yourjawm3king noises:Sticli as ciickiO.g, popping or thumping? ' ': .', ":.4. ~",: ( ) No, (tiPuiingcfuiwing' (t)Right.. W,Left ,'~:' ,..,....,S".....t,r'".. (}c) During extreineop,ming .' 't><-)Right 'fxJ Left " .:c: .-,'::~:',w;,,;:::" .' ." ""', (r! p,;,:ring'speech. " (y)Right ,MLeft ,.' ..." '.; '.: is.'': .Do you h~ve.any'problems in your other joints? , . . " , . :; :J,.., ., w.....'.If "'''_-'''~' ,.,d", ,,' ._, ~ _ ,.,d', '"\"V,, ;;'_ )!e~w,,,,tjom~ .- - r.,"~ ",'" ~ .' .' ,.' ,..,"" ,::-~~~, "'u:~;.;fo-~'~';'H-"~~-b ...~"'.^ -t:'~-d'?-' -.'~- ~ ~"):;~'''' I-;"~-"" "",.~>._..,-..:..<..-t.- ~ ,..<. _ . ''W:''''',;-'-e:,~lo ,::::::,,;;.;',~'.7: ~_!!~~!!~~ts_. ~~~y_~~~.~: ~, ,-.."- ~: ~ ~ -.. ~~ .. .~ -~. :- - ,""- ",. - .l.r.' :"-~ ~ . --~~ii.~_ ~ 't'~i.. ,.'",1._'..." ~.",,:-:::;..,. Y""'!-"'tj~~-.;1f......'':t1.''h",,'!.''~\'i;l-,,''~~~''''~):'' ~'i.t.f~'';-(7'.p.f'...'''':~, r, -"':..,,"'~~' ~..~:r:-_w" .~v .... ~"7"'<. '~"'-"i~.~ . _:,. ;::, "_.^,,. _ .ti......... ,,- ,.'J....,,; "",-,- ~ :,*a., +~;t:.." '~......-: t.... "', - ",.> ... :~_....-;ti~:.:c.:l,.1' ... :""--)!j ~"':\.o~~"'-;.u<t"........;,j,;'~~':'b- .i4..<',.,....~ {>~-'>.1~ l'l~. -'~....:.~..,.~ ..-:-;D'~;~.'....-.-<I. .,. ~;~:-':I-,~','~. .' ~...,.,..... ...~-, ,--.""'-~!r; ~~~_.,~ .', ;<p .l'" k~'l.'...,I;<T~.:,~~~~\1::-...-"'.~ .t:,~. ~. "..,,,,",,,,_,- ,'" 0->';".;<; .~~..~~-~"',;:,",- "'--'"",'>T;'y,t . ".... .~, .. .-.."t'..<c:;,........-. 'L:'l' 'ouli"'Vep'aiiiwlien ~y' ou. cHew?:!'~ .]t; I,. ~~;' (L) f{(j....n) Yi.{" -,..:;,.p;-~ Fr'- Rig' iit' 7__,,0: .-( ) Le"ii;~J'::~...",<- " '.. WIl~;,~'~1:~7_"l"'4~'~-~;: ..~~:::;~ ';:''!jj;;t~. i. ~.ltf'~ ...;.,,;-t;~-".!_~::C:-"':~i" :''X'''\>,_ _-1-~ ~i'.IO/.. :;:<--. ~J.~~..-~~ . -", ',t~:~. ~ ':aiIm~'i~ ~h;~}~~~~;;n~d~~:r~take' it ~;;i~:;T-~ or. :~~ :~:~~.: ;~:: :;~~ ~'~:~4 ~':~~:;: ::-'~~-'~ :-~~n~~ _ : ,.;:~~<: .. 'j:j~~ "'-t"'t:'1_~~'~~#.1:~.:~" ~";'~~;;J~" ......'fi...~:.:I:\~....'. ~~;. r.:;.1'~i7.!"~~('~"J y;~;'..~. ~:,<;"-: ~.: ( )""R" -;"'Lt " "'-,; ( -J' -Le';;;: "- .-~::,"~ _I~/<':( ~ .., i<~-':"~~.,~'*'#-*1i"'.~'~~~~;;;~"':c:t<"~~~~-1-':';"w;...." <;~". L~ ..-'}O"';;' ('i ~~--: :?;'-:f~,"..!. .",~!gn f/-:. :jJ.,:-~ ',';'~-:;r ., .' ;:, l!~Do you have pain !"!'en you speak? . .:, .;;:.; C} NO (}. Yes' ".' - ( J Rf!:ht ( ), Left . ' ,.:;1,'k: " .:<; 9"' Does the pai!! or discomfort interfere with your work or other activities? , , " ' . , ;.:,::\>:.,:,:,.'\'c:,;:,.\::,.' " '. ",.., '() NO"U Y~s, ' . ()j Occasionally' ";if> l- . .'.~{\~"'.'__ ;,":~:HOwdoesitinterfere? ....i:: ':{;:<--"',. ,~. ~ _ ,. ,;,.",-. ,/:\I-,i..-:'l."","':,:1'.. ..". ",- ;-.<~~~'~~-.: ,,-. ..'..~~~'. ; -. :'7~::,i;~~1-~;+' ';I...'7"~'; .;'/'", '.. , ~ ..., , "".; ..' LO..Are certain Coods di.fficult to chew? .... ( ) No ( ) Yes . " , " ?i/{;J.~;r.~UH4~(r.tough.,.:()Leiiuce ()Thicksdiu!wiches( ) Gum " ()lcecubes . ..:c:11'iDoyoupreCertochew'onoiIeside'?:" . .'.. (fNb'( ) Yes, ()Right( )LeJt ....;;:::;....,', ,.tS tbf'<he'" '., '( . ?" .' , ( ) No () Yes .,.,.."~t~1,.'" ~,. caus~,op~..,:, _' ... ,,' "...',: . -.:,f1~: How long haS'this'problem bothered you? . ' '. ,:?l~\;:.;:-~;:, :~~';~' :';.:'" :~i(~:'-) ::,~~'~,~~~,;',,'-, "~', "~--. -',--' >- ~ ;::-.~~ .~.':>t::<'.',' ,~~_:-' ~.:"'~'; .,: -:. " _'. - ."- . , ' '_.,.: ,'" _" -'. , . " ).;>B:''.Must you tai<:e medicatiou Cor the pain .ill' dIscOmfort? , (please list medications at #31) ,......,;.:'1'. ,_;;:::,~~,n :'1~'''''':'~:~ ."~:;"',;"1:""":, ','..:...---. :~""i---"'r;~'.\ " ',":~ 1;('--)'i1~ .~)V -:. ~ ;:("-;)0 : ~ ~-Tl . "J. \ !K. .~ '~", .~_~, "..... . _. j ." _' . .~. LVO; t .c.es _ _. ccas~OnuJ, y_, .. ",'~ .'<" ! ,,-', ... ~._ ,.. " w ,"". ' . ...:;;;.", - . ,-,:; . '1 .:. ."' .14: Have you ever been in an accident or reCeived a blow to tbeCace that may have ooenthe cause .:,,;;; . "', "' ,,',c.;';::;"'> "1:;:'>:.'":"'''/'' ;.Y;t:i,fi "!:;-~. .,.....".;,:.. .., ,. ~. :,,'r'."., '">'.~' ''Y'~~/~ ., ,-_.~~1i. -, ..: ';":l,~ , . -;,: , , '. ," :,}.tfi;-:;. :-;::',,'; " '.... ,.',' ,. "',~:-;' :-. " . '.' ^, . ,.,', ',"" ' . .:", ;~,::<~);t~, ~". ~~'f:.'<, .,; (M Left (,;, Left ':., ,',' .' '.-.' 'i.i{~;. , ,~. , ;f>' .'.---'. -~c.,~;k{.- .""t...~ -i.,r,;~i.:J..J;:';" . };'~2~ '''':'. . ^, FENDANT'S EXHIBIT I ',":"-," w' \. -:-' "'," /. .., , - ", .;.. '.""'~ :'; :~:;" i., 'WNo( } Yes 'UNo(}Yes ',' ,:; ( ) Closed ,:':' ( ) No (",Yes -. --1,:'-,",. i. ~: " ,. '.., , ,.' ~ : '_', "~<':.~::;~'. 7 J;; , , .~ '. , . .,' ::" " . ~', ';:.. A . , .' . 31, Please list all medications you havebeen Utking. ',I, ,32. Please list ~y other medical problems requiring treatment. , " h.' ~3<Doesany~>n~elseinyourramilyhavejawpain? , '," ' ,04No ( ) Yes " 34: Please list any evaluations and treatments you have had tor this problem. .," . ' Doctor Sp'#a1ty' '. TrciuInent . Effecth'eness Date 1. 2., '3. 4. 5. 6. 35. . Other pertinent history which you teel is relevant to your problem. ~' .- ~ , '~, " , .. . .' -' -' ',' .....~. ",-, .'~ "" , " ;'. -'.---:_l ,.. ~. ...' -'.,...._,,'. ",', '....,-' ,..' ".'", --';:-~;~:"'?~f''I':.' '":-: ~ ";;;0-. __ ...... 1'.....: ~'.-.<f::.." '~: ~' \. ."-,- ~ '.:~-~,.',':~,,~.""",',';~!,~ --, . :..~, , '.~~~I~l~~{~12lt~~~~~~{~f;~lc~::~qfj;~~~~~~;~!tfl J"~""""""ll"" 'K" ,".M....);,,_"'.....,., ,",'- ''t'''''''''''''-''' "'.,''',.e.~V7;(9:''9r9':".~.,.<,.. ,. " '.~:,._ ' ':, ,~~~~ -. ~"'~..~~. :';tr,,f- - :,.,~i'~ ", r~ . ~:~J, ~:; ;:;~.~ ._~:.~_ ,;~ ~~::~~'1'~.~ ~,-,' ~: ~i~~c~~~~f.~~~:~::' ;~~~.,;:~~:~~~t~ ,~t~~~:: ~~_, . -, ,:~~~.:~,.~~.: .~ <.--';;..~ I''l':;' ~:~~_+~~';<f;~r: ~~...'" -: ,t~~';""Y"i~\Il&1:t.._ --::~.Jt~. 4I."'~1::-- .Y.. ~ -.; i'!....::p.~ e,~~~~~~>;.t::'.;_;::--'"!.'%':r ~;~.:!::;Ir.;':;"~"" ._,- , :.,~~~~.y',;'t~.:'..<r< >.- : ~\1t' .~7;; -':;'~;.' .~ ::, :~~~~:{ .~) :>:-<:r::~i:=' >. ,'~rp..f,'";.::~~'Jif;f1'~(~t:%{~w~ .~ .. ~ "','.. . ;;:':~\:.f;t.:~'. j PLEAsE COMPLETE ANn Illi'l UKNTmSFOiiM TO~fHERECEPTIONtsr OR MAILIT . -,"'~ ' TO:' ' ..." .,,~.,.;: ' Dr. 'RObert J. Beaudry Jr. 3600 Old Getfysbiitg Rd. eaIDp Hill, PA' 1701'( . ',~~ . , ~~ "" ~; T..,""' , ..., ." ",.... 717-763-7,630 phone 717.763-1088 fax:" .' ',> .'~: ..-~ ,'--;'; "-', .. '\~~:~~~i::; '.," ~'..~ ,!~:lf~.~' '~S~~fr.. . . '~'.' ". -:;(' , . - " -' , .' ~~,~~~.';'. ,,:~;^,,~4(.'; ",:,.~' " "." ., i.' '. . ~., ," ',.' ~ ,::';_;.:~i:j" > ~~". ' .. ,,~f " " .. ,- ;;'~::'" ~ : ~~~3:~~" :', '~. . "'" "'~.' .-?~ "';:'!' :i . ,,"i;: ''':;':-'., ~. - -'.' i ~-. :;;;:?t~:-:.,;.,' ~::f.. :';', ~ ' <. '.. , .): ~ ',' ....:... ,~,'"*'::;. /'. ....,,";~"7>. " ':.,:;..!~.5 "~" -;' ,.;...\'::-~;, "-' ..:~ ~ '..i ' ~':t:~,:: , . , '';~',~ ,; :t~....: . C'h'~ ';,;l;,~;.....~lioIioot"IalL;!l"~k- _ ...... I,~.. ,i~"~ , I I., I." . , -~.. iilSmJilI!lI.., IJudge C1ert<lProlh ~ _I COURTROOM NO.: VS iLAj!Jr0 Af)i.lJ'V'" DATE: '1/,,29/0.2- Random No. '''^'''-'''''"'','<<'f-"'I'_'1;~"",:;"""" CASE NO.: /5 filM lTu 13", ~ ~ [''1''"''-'-- Iim"A DOCKET NO.: Oil - ~gl( Juror # Name "-'";-"','''''0'''' ~," "'''''''''''__-''''_''''''~~'';''_'-'',;,''' m WelZel, h.ennetb r;;- ((If -2131208992 54 Arnold, Janet L -20s090S781 82 Headley, Beverly B -1989250296 A-'1 laO Bk.lh...h Jbau E .1896127369 f!,-] 131 Fr"RhIiB9 ,\laB D -1740428872 57 Stauffer, Phyllis E -1662770128 104 Kori, Louis M Jr -1612174495 58 Hine, Annie E -1466073999 127 Joy, James T -1385635078 A.2. 9fj {:atklJ.L.. b,""-9 .fvll.. -1303233861 A.I 9,( 911Nis, B K1lltl.. -1225358366 60 Mauch, Richard C Jr ~1l ? -927177250 _92 C..l..d~h., l\1a"'.J1\; -763741947 89 Cowell, William H -628012380 133 Witt, Kenneth G -306182490 132 Socha, Gerry F rf1} -2~1783 111 ......)1.._8. PlaRe ~f .127422346 83 Crouse, Daniel E -37525399 IT. ( 11 1L1).",.JL..tkN "3Y3-'1:~~ 121 Condon, V Cheryl S 154374892 139 Cannack. Cindysue 248882421 12~ Lindsey, Karen M 319871869 128 Spencer, Sharon 333218291 137 Varner, Floyd J 438576452 87 Diehl, David H 574884031 71 Ciecierski, Vicki M 774069255 74 Lewis, Loretta J 1010163085 136 Davis, Diana R 1010454319 75 Hoallland, Ralph J D~ ~ 1556389834 1~ ' ~ 1111 BSl 0il2 79 Serr, Konnie R 1990169219 L ~..~- ~ ~<~ ~~ ,_lia>il; ". ... "w' _ IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYL VANIA Loretta Bums, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Plaintiffs Civil Action - Law No. 2000- 6815 Civil Term v. Bradley J. Darbow Defendant Jury Trial Demanded NOTICE OF DEPOSITION Please be advised that on Thursday March 7, at 9:00 a.m., the Plaintiff will take the deposition of Dr. Robert J. Beaudry, at the offices of Beaudry Oral Surgery, located at 3600 Old Gettysburg Road, Camp Hill, Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Respectfully submitted, KNAUER & ASSOCIATES, LSC R. . n (';71../ , J 1.) G..f..NX.... ,-r.l /'>(""Pt.k<-/-r Date: March 6, 2002 David W. Knauer, Esquire Attorney for the Plaintiff Attorney J.D. No. 21582 411-AEast Main Street Mechanicsburg, P A 17055 (717) 795-7790 ~~';~~!lW'" , - ~ : ,I " ',' ~~'-~~"'-~-"""" ... l.- _ IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law No. 2000-6815 Civil Term Plaintiffs V. Bradley J. Darbow Jury Trial Demanded Defendant CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 6th day of March, 2002 serve a true and correct copy of the Deposition Notice on all counsel of record by United States mail, first class, prepaid addressed as follows: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wiskersham 315 Nth Front St. P.O. Box 741 Harrisburg, PA 17108-0741 David W. Knauer, squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ,oA, --^.c;'::'-;.~~:","-..w1_tJljj~~W:j~~~~MlliirmI~Wro'iMl~.,'L-.rIL ~ ... " ~i''''''''-='''~_.~~~'''''k._~ ".>"-""~ -j -" '~ " " ,,, . Ul , ~> 0 C) (::; C~ i''0 -0,-: :< "1J Ef -,,-, m ? C~ ~:: co "",,' ;'J.~ ::.~: I -< c:) r:- C-; -rJ "'1"; .- ~, ~E (~, c~) .,-;, r:? '-,) r:-! ;t>c ;::::\ Z U1 :$ =<! (X) -< 4. '," '""0"'"' '_' ,"" ~____ .. , ~ .... Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Plaintiffs Civil Action - Law No. 2000- 6815 Civil Term v. Bradley J. Darbow Defendant Jury Trial Demanded NOTICE OF DEPOSITION Please be advised that on June 21, 2001, at 10:30 a.m., the Plaintiff will take the deposition ofthe Defendant Bradley J. Darbow, at the offices of Boswell, Tintner, Piccola, and Wickersham, located at 315 North Front Street, Harrisburg, Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Respectfully submitted, Date: May 22, 2001 [ avid W. Kna er, Esquire Attorney for the Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 """, ,".c,. ~"--," -, '~-~':- '~~''''J!!;~l!r'~~;'libii "(;to..... ~ ,~~- -- o c: ;:g ~~ ~~: Y,-') 2r" J>C: 2:: --1 -<, ~-..... , ' "1'1 ::TI: ::~ N .;::". :~~: :11 ~ .,., \ - ,.~,d " "~;" ;",,; . ".,~ c.;", . , , , . Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law No. 2000-6815 Civil Term Plaintiffs v. Bradley J. Darbow Jury Trial Demanded Defendant CERTIFICATE O}' SERVICE I, David W. Knauer, hereby certify that I did this 22nd day of May, 2001 serve a true and correct copy of the Deposition Notice on all counsel of record by United States mail, first class, prepaid addressed as follows: Brigid Q. Alford, Esqnire Boswell, Tintner, Piccola & Wiskersham 315 Nth Front St. P.O. Box 741 Harrisburg, PA 17108-0741 ~1J~fd/ avid W. uer, Esquire Attorney for Plaintiff Attorney J.D. No. 21582 411-A East Main Street 11echanicsburg,PA 17055 (717) 795-7790 I~ "~'-W:"~';"J::":'~-' 11t~'-' ,-,~ c' ,-";-",,,,;,;,j."''''~-;'-'If;"rf;'''-''~ ';H,+., . .,"~--.., "\,,,-, ,", H _n~=^' , "'"" o c: ~::- rg?f' :z: c( Zf~~ ~i~~: ~~~: >c z ~ , 4, C) :;~ ,,~ ~!::"'" :.n , :::=/ "'-:::.. 5:; -< ~--. . \ O1i, ,I, i " i'i :1: i: " " ,I; I 'I' I' " :Ij t ,I: I: I I: I: I, Il " , I [ , [ I , I [ I I I I ! I I i I I l~ ' ,1-,' I~ "--,1 ,,,_ "'0 ,,-'. ',=.." ". ,",' ,-,,'",,'C:- '".",,,",, .-i:tt., JeffreyE. Piccola, Esquire Supreme Cowtl.D. #18018 Brigid Q. Alford, Esquire Supreme CowtI.D, #38590 BOSWEll. TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17l08~0741 Attorneys for Defendant Bradley J. Darbow LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARBOW, Defendant : JURY TRIAL DEMANDED CERTIFICATE PREREOUlSITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies ofthe subpoenas attached thereto was mailed to Plaintiffs counsel; (2) Plaintiffs counsel waived the required twenty (20) day objection period, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoenas has been received, and ^"',J,,<', I~':' "-''';:'1, ~ -<, -- ,--', " " ~ '" ~' (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, By: ~ ~ ,n . . ..J.--. ~ Brigid Q. lfor/i/~ Supreme Court #38590 Jeffrey E. Piccola, Esquire Supreme Court #18018 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Harrisburg,PA 17101 (717) 236-9377 Attorneys for Defendant Darbow Date: Illd.-IOI r ( = , --I , , ill1Jil!j Jeffrey E. Piccola, Esquire Supreme Court LD. #18018 Brigid Q. Alford, Esquire Supreme Court I.O. #38590 BOSWELL, TINTNER. PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-074\ Attorneys for Defendant Bradley J. Oarbow LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : No. 2000-6815 Civil Term BRADLEY J. DARBOW, Defendant : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PuRSUANT TO RULE 4009.21 Defendant Bradley 1. Darbow intends to serve subpoenas identical to the ones that are attached to this notice upon the following: 1. Holy Spirit Hospital/Emergency Room 2. Family Physician Associates 3. Jay J. Cho, M.D. 4. Robert J. Beaudry, Jr., D.M.D. 5. Charisse Huston 6. Emily Matlin, D. O. 7. Sharp Shopper ~ , I, ^ .. ~ h!!ll: You have rwenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, By: Brigid Q. 1ford, squ Supreme Court #3859 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Harrisburg,PA 17101 (717) 236-9377 Attorneys for Defendant Dawbow Date: tOp-~!Q! ":h2-<' ~OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs File No. 2000-6815 Civil Term v. BRADLEY J. DARBOW, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 -0: Holy Spriit Hospital - Emergency Room (Name of Person or =ntity) Vithin ~Nenty (20) cays after service of this subpoena. ycu are ordered by the court to prcduce the following ::ccuments cr things: Any and all medical records, emergency room records, treatment records notes ~nrr~~rn"~A"~A. o~~ ~Qr ~Qrgtt~ SYr~c~ Ro~iR2 ~2r~e3R~ and/'er ne~css~' I Meredith, all of 419 Swatara Street, Steelton, PA, as such records relatE. to "trp;:!TmJOonT t-h~y ,..~,....~;t7'O"':; itlU:t:l.ediiltgl:~ +=gllg,:,"in'3' 3. mater .....ohicle aooiEleRt OIT--- October 8, 1998. ' 315 North Front Street, Harrisburq, PA 17101 (Actress) 'cw ma~1 ce!lver or mail legible copies cf the dCc:..Hiients or prccuce things requested by this subpoena. together 'lith the certificate or compliance, to the party making this request at the accress fisted above. You have the right J seek in acvar;ce the reasonacle cost of preparing the ccpies or proc:ucing the things sought. .. ycu faii to produce the ccc:Jments or things requirec by this subpoena within ~Ner:t'J (20) days after its service, ~e par~ serving this subr;cena may seek a C:Jur~ creer c::Jmpelling yew to ccmpiy with it. ''-lIS SUBPOENA "VAS ISSUED A, THE RECUES, OF THE POLLOWING PE"'SON: lanie Brigid Q. Alford, Esquire ,ccress: 315 North Front Street Harrisburg, PA 17101 ',":~"Sr7ie Ccur~ 10 # ~ ..t-~ (717) 236-9377 38590 -3-:e::r:cne: . ~:crne~1 F:r: Defendant ate: I' ;; 1..(i..-t41L1,~ J ). ,''-> I Seal or the CCLlr~ 6'( THE COUP,I: ('" ,?,~ R e~~, i'_.' - Prc,~onorary/~tierk. Civil Division ~1wt.<- Q, ltL~ f - Deputy (E'. 7/97) IT. ,"~ ,-I I..- '-0'" '~! ,COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs File No. 2000-6815 Civil ~ v. BRADLEY J. DARBOW, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Familv Physicians Associates (NaJ.1e of Person or :mity) Nithin twenty (20) days after service of this subpoena. you are ordered by the court to produce the followina documents or things: - Any and all medical records, .treatment records, notes, corrrespondence, referrals, etc. for Loretta Burns of 419 Swatara St., Stee1ton, PA 17113, from October, 1998 to present. :;., 315 North Front Street, Harrisburq, PA 17101 (ACcres5) /cu may deliver or rnaillegibie c:Jpies of the dce~r:ier:ts or praGuea things requested by this subpoena. toge~her 'lith the certificate of compiiance. to the party making this rec;uest at the adcress listed above. You have the r'ight o seek in acvance the reasonable cost of preparing the copies or procucing the things sought ~ yew fail to prcduce the coc:Jments or things rec;uired by this sr..:bpcena within twenty (20) days ,after its service, .-:e par:y serving this sucpcena may seek a caur: ar:::er eCr'i:pe!ling yeu to ccmpiy wirh it. -:-1IS SUBFOENA 'NAS ISSUEiJ AT THE REQUES, OF THE FOLLOWI~IG PE?SON: lame Brigid Q. Alford, Esquire ~,jdress: 315 North Front Street "-s-Ie;:hcne: Harrisburg, PA 17101 (717) 2"36-9377 ;iJ~re~e Ccurt 10 ~ 38590 . :torney F';r: Defendant '3.te: Ci '1" ,r- J. .1.e'1;l Seal of ,he Cot.:r: 6Y THE COURt: Q p "., ('.dl~ . 11.~, ~-- - Frc,hcnctar"jiC:er' . C, II Dr'/rslcn ,-', - I.. ( )~...... 0 fk,.e.o...../ , - Deputy (E" -"~-i) IT. (I'J --li " I I, ItlllL'" L~~!!': COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs File No. 2000-6815 civil ~ v. BRADLEY J. DARBOW, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 7"0: Jay J. Cho, M.D. (Name af Person or Entity) 'lithin ~Nenty (20) cays arrer service or this subpoena. 'leu are orcerec by the court to produce the rolllJwing :ccuments or things: Anv and all medical records. treatment records. notes. correspondence, referrals. etc. for Loretta Burns of 419 Swatara St., Steelton, PA 17113, from October, 1998 to 9resent. 315 North Front Street. Harrisburq, PA 17101 (Adciess) ':u may deliver or maillegicie copies cr the dccur:ients or procL.:ce things requested by this subpoena. together lith the certificate of compliance. to the party making this request at the address fisted above. You have the right : seek in advance the reasonai:le cast of preparing the copies or producing the things sought. , you rail to produce the documents or things required by this subpcena within ~Nent'f (20) cays after its service. -:e party serving this suc;:::cena may seek a c:Jur~ oreer compelling ycu to ccmpiy with it. ...,IS SUBPOENA 'NAS ISSUED AT THE REOUEST OF THE FOLLOWING PEFiSOI\j; ame Brigid Q. Alford, Esquire 315 North Front Street :creS3 : J~re~e Ccur~ 10 :; Harrisburg, PA 17101 (717) 2'3-6-9377 38590 =!e~hcne: ::c:r,"'le:1 F~r: Defendant ::~~. n U j".1- .1 .J-<:-vl Seal of the Ccur: 6Y THE COURT: ~ /J.J)' ',.' (~,,7,~- K J\":?J4, ~,-" . ,- Prothcncrary/Clerk1 Cilfll D,VISlcn ql'-"{U-o Q, '/1~ - Deputy (Err. 7/97) " , j .-. , J..~ .....; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, arid EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs File No. 2000-6815 Civil Term v. BRADLEY J. DARBOW, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Robert J. Beaudry, Jr., D.M.D. (Name of Person or 2ntity) iVithin twenty (20) cays afeer service of this subpoena, yeu are orcered by the court to produce the fallowina tecuments or things: - Anv and all medical r.ecords. .treatment records. notes. correspondence, referrals. etc. for Loretta Burns of 419 Swatara St., Steelton, PA 17113, from October. 1998 to present. " 315 North Front Street. Harrisburq, PA 17101 (Address) /cu may deliver or maillegitle c~pies of the dccur:ients cr proct...:ce things requested by this subpoena, tcge~ther vith the certificate of compliance, to the party making this request at the adcress listed above. You have the ,-ight J seek in acvance the reasonable cost of preparing the copies or producing the things sought. 'ycu rail to prccuce the documents or things requirec by this subpcena within twenty (20) days after its ser'./ice, ~e p,ar:y serving this subpcena may seek a COL!r~ oreer ccmpelling you to compl:; with it. -rilS SUBPOENA WAS ISSUED AT THE REQUESt OF THE FOllOWING PE=iSON: lame Brigid Q. Alford, Esquire ~ccress: 315 North Front Street Harrisburg, FA 17101 .~!epr.cne: (717) 2"36-9377 ;ll~rer7ie Ccurt 10 ~ 38590 .::cri'iey F-.::r: Defendant _..~. a~_, () ., ].(-() ( , - (.., " t. ~ Seal of tne Caur: B'( THE COURT: c.t.,.[,; !l -E...,..<t, ,- ,. _ Pro[~cnctary/Cler:f. Ci~il Divisicn (~L"I1'-- C. /1!l.."P,., , I - Deputy (Err. 7/97) ,- ~ ' " ~J ^ - , .........~ 'l.~i . COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs File No. 2000-6815 Civil ~ v. BRADLEY J. DARBOW, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 ;-0: Charisse Huston, M.D., Huston Family Practice (Name of Person or E:1rity) Vithin twenty (20) cays arrer service of this subpoena. you are ordered by the court to produce the lollcwino :oc:.Jments or things: - Any and all medical records, treatment records, notes, correspondence, referrals, etc. for Loretta Burns of 419 Swatara St., Steelton, PA 17113, from October, 1998 to present. ,; 315 North Front Street, Harrisburq, PA 17101 (Actress) leu may celiver or mail legible copies of the dccuments or produce things requested by this subpoena. together lith the certificate of compliance, to the party making this request at the address listed above. You have the right J seek in advance the reasonacle cost of preparing the copies or procucing the things sought. , 'leu fail to crcduce the documents or thincs required cy this subpoena within twenty (20) days after its service, ~~ party se'rving this suc~Gena may seek....a ccur: oreer ccmpelling yell to compiy with it. 'HIS SUBPOENA '!VAS ISSUED.c<T THE RE<JUEST OF T;-1E FOllOWING P:RSON: lame Brigid Q. Alford, Esquire -eGress: 315 North Front Street Harrisburg, PA 17101 c;crerr:e Ccurt 10 '* (717) Z36-9377 38590 Slepncne: . :!c...~e~1 Fer: Defendant 8Y THE COURT: (U!, ,Ln' I?, ,f~ ,,'~. - PrcthonotarylCi' rk,jCivil Dlvisicn 'ate: (; ..,.A L. ....r J ;) 21:-"'1 Seal of the Ccur: 0,~< j I {} ~_d.",'-, - Deputy (Eft. 7/97) -' - .-= '. L ,j, <', ~ ".! . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs File No. 2000-6815 Civil Term v. BRADLEY J. DARBOW, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 ~O: Emily Matlin, D.O. (Name at Person or :mity) ,lfithin twenty (20) days after serlice of this subpoena, you are ordered by the court to produce the fcllowina :ccuments or things: . - Any and all medical records. .treatment records. notes, correspondence, referrals. etc. for Loretta Burns. of 419 Swatara St., Steelton, PA 17113, from October. 1998 to present. 315 North Front Street, Harrisburq, PA 17101 (Adcrass) 'cu may deliver or mail legible copies cf the dccuments or produce things requested by this subpcena. together lith the certificate of compliance, to the party making this request at the address listed above. You have the right J seek in advance the reasonable cost cf preparing the copies or procucing the things sought , ycu faii to produce the dccuments or things requirec by this subpcena within twenty (20) days after its service, -:e party serving this SL;Cf=Cena may seek a caur: oreer compelling ycu to comply with it. .:...,IS SUBPOENA 'NAS ISSUED ATTHE REQUEST OFTHE FOLLOWI~JG PEFiSON: lame Brigid Q. Alford, Esquire -ecress: 315 North Front Street Harrisburg, PA 17101 l..l~rerr;e Ccur~ 10 :; (717) 2"36-9377 38590 -3-!e;:hcne: :tcr:iey F-:r: Defendant BYTi-iE COURT: e.te: C'il ..Af, fr ,J J. .;;2 "V I Seal of the Caur: ,'> /J 0 ' (",:7'A"! Ie ;\A~ 2~. - ProthcnotaryiCle ., ivil Division ~L-<- a n.,'PP':J _ Deputy (E" -1'"7) IT. I :;1 " ,~......... i ~r-jfjj! COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs File No. 2000-6815 Civil ~ v. BRADLEY J. DARBOW, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 ;-0: Sharp Shopper, 1583 Jamesway Place, Middletown, PA Attn: Kevin Geisinger (Name or Person or Emi~/) '/ithin ~Nenty (20) cays aher sen/ice ot this sul:poena, ycu are orcered by the court to produce the following :ocuments or things: Any and all employment records, personnel records, performance evaluations, salary records and employment applications for Regina Sargeant (S5#172-62-5158) from October, 1998 to present. 315 North Front Street, Harrisburq, PA 17101 (Address) 'cu may celiver or maillegiele copies at the documents or proclxe things requestec by this subpoena, toge1her 'lith the cer~iticate at compliance, to the party making this request at the adcress listed above. You have the ['ight J seek in acvance the reasonable ccst cf preparing the copies or producing the things sought. , you taii to prcduce the documents or things required by this subpoena within twenty (20) caysaher its service, ~e party serving this sul:pcena may seek a court crder compelling ycu to ccmpiy with it. ':-1[5 SUBPOENA 'NAS ISSUED AT T:-1E REGUEST OF THE FOLLOW[NG PE."1S0N: lame Brigid Q. Alford, Esquire .ccress: 315 North Front Street Harrisburg, PA 17101 lJpreli":e Ccur~ 10 ~ (717) 2"36-9377 38590 '-:-!e;:rlcne: -:tarne~/ F:r: Defendant BY THE COURT: (' f2 e ' ~ . ~ . ,_u7J /l . _.~/ L.. _ Prcthanotary/Crerk'! Civii Divisicn ;:~;::l' I) ( t. t ,,' r ; r J ,) l.t..,)/ Seal at the Cat.:r: (, Q 'i", .'. "Jhcuu_. I~ f - Deputy (EfT. 7/97) ...I L , ...!lJ!\t~ CERTIFICATE OF SERVICE I do hereby certifY that I have served a true and correct copy of the foregoing Defendant Darbow's Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Ru1e 4009.21 by fIrst-class United States mail upon the following parties at the addresses set forth below: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, P A 17055 By: Date: hh-,h, ( ..E [, ~ ' "', .---,--, '- ,L.~ u~~. , , ,-. , ,'",..:.,," ,"-- "'-<--'6; CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena on the following by first-class mail, postage prepaid and addressed as follows: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 Attorneys for Plaintiffs By: Date: 11/~OI I 1...' '-C' i'd~""";'" ,~ .-..-- , """.""""" ,,';",,;;,; .-.. , ~., ~ "^ " " , .," "" .' ,c, -.;:, ~~ ^' "" 0 c} S:::~ F ---j'" iJ d, 0 ~~! .. "-. I (7; , -< I::' C.:: -''\:) :;:: , L C) , ; )> () C.J c: , ":::_, ~ <l) " ;,.[ H I i! ~i ;1 Ii , ,. I , ~. I, I '''^ ""iL_oiii .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COI)NTY PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law Nott't1~DCivil Term Plaintiffs v. Bradley J. Darbow Jury Trial Demanded Defendant PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS UNDER PA. R.C.P. NO. 4009 FIRST SET TO: Bradley J. Darbow 45 Rolo Court Mechanicsburg, PA 17055 Pursuant to Pa. R.C.P. 4009, you are hereby requested to produce the below-listed documents and/or items for purposes of discovery. This material will be examined and/or photocopied, photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced at the offices of David W. Knauer, Esquire, 411-A E. Main Street, Mechanicsburg, PA 17055 within forty-five (45) days of the date of service hereof and supplemented thereafter in accordance with Pa. R.C.P. 4007.4: 1. The entire contents of any investigation file or files and any other documentary material in your possession which relate in any manner (excluding J , references to mental Impressions, conclusions or opinions regarding the value or merit of the claim or defense or respecting strategy or tactics and privileged communication from and to counsel) to the within action, 2. Any and all statements concerning the action, as defined by Rule 4003.4 from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the accident/incident or any instrumentality involved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports of any and all experts who will testify at Trial. 6. Reports of any and all agents or employees of Defendant prepared as a result of the incident. 7. A copy of the Defendant(s) insurance policy. Date: October 4, 2000 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ~,~1:~~ Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ,-. ~ ll~'; "'~]'"1';':'''''''' ,-,. '~,-,> ';';;ilt'-di~-~!"~d~ljjll'_'- ';Jjj~~'-< '<0:.":0 ,v.,'.,,'-', " """ilil>~'''""..'" """.. "'" " , ,"2. ' '"'..- "" "I~,:i " Ii f;! Fl' Iii 1:1 iil q I..' Iii Iii III, " if il 1:1 1'1' Ii II, I:' Iii II 'I I I' 0 c:> \~ c co $: = '"t)o:; r-" 0)[1: ---J =r:J &:'_-'. ' --~ I , ~, :':~~~ .."'::,. .0;- -<"", !;2C -'1;J )> '~', ::~ Zl.; ~7 C) --(I ,0- ~::::::;;rn )>.-"- '- .....-: :z: "" ~ (J\ 55 ~ I I 1., ',0;,,- '''_'<J ~,- "'iMJ Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Civil Action - Law NOOOu>$t~iVil Term Plaintiffs v. Bradley J. Darbow Jury Trial Demanded Defendant NOTICE OF DEPOSITION Please be advised that on December 1,2000, at 10:00 a.m., the Plaintiff will take the deposition ofthe Defendant Bradley 1. Darbow,at the offices of Knauer & Associates, 411-A East Main Street, Mechanicsburg, Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Respectfully submitted, Date: October 4, 2000 ~Ci;;I?:t David W. Knauer, Esquire Attorney for the Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, P A 17055 (717) 795-7790 Iii b~~UD6if!',"-,'~' 'tit ',-' '<'" :-li' '<'~-'~mjr:lliJil.ti.'JFi1lif;"" "'/:--"D~r-; m" 'l ",,-, ,",' , .<' ~"x ~.' , ,"_"--0" ~ '"'.,~ ~>:, ! 0 0 () c: C::,< -1"1 <:" c::;, -oEd " -- mn: -l ..- Z::c -'''1 Z~~',' ,- :..-j (J)c::_" ",,),3.... -<"-- ,<0 "'0 ,:::-J \~? PC' ....:iJ,.. ~'j ::J :z ' C) -0 ;;:- Q ;--n Pc :z: -' ,- _I :n -< m -< .-'1, "..0 I '. ,-A,;".", "- ,- , ,,-,'-, .-,', ',_." < ",."~h,",,, "",-",~~ p. ~ m:\homelbqallitigatlstatefrmldarbowlentryofappearance.wpd Draft #1 Decernber 20, 2000 .. 'p- .J. Jeffrey E. Piccola, Esquire Supreme CourtLD. #18018 Brigid Q. Alford, Esquire Supreme Court J.D. #38590 BOSWELL, TIN1NER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Bradley J. Darbow LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARBOW, Defendant : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearances of Brigid Q. Alford, Esquire, Jeffrey E. Piccola, Esquire and Boswell, Tintner, Piccola & Wickersham on behalf of Defendant Bradley J. Darbow. Respectfully submitted, By: Date: J1x/" Brigid Q. 1ford, Esquir Supreme Court J.D. #38 90 Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Darbow ,~ 1_,_ ' ',.__..-&-c$_''; ,,' ''-; '\"-:""-0 " ' >"1 ~_ ; '0 ,o~ I "f"' "",_..,,'."" ..I " ,,~,'tL, ~:..:i.' :';: "I ~ -.. . , CERTIFICATE OF SERVICE I do hereby certifY that I have served a true and correct copy of the foregoing Praecipe for Entry of Appearance by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: David W. Knauer, Esquire 4ll-A East Main Street Mechanicsburg, P A 17055 By: ~:L2()~ BngJ Q. Alford, E Ulre Date: (12.1J/~ ~ ,'C-, ,co'"";,,''',';, . i:_rJlioo[~~ "';. ,=, i~_,;':_-j;.>p;),c;,;,.- \"'~~J-'- '1'<,.,;,-",,,,;, ""', "" ~ ,",' -" ,; ';" , r " ,~ ' o C <:" ,)((- !Jl61 ~ 5~~~ -<.,; ~c; ~r~ '1> ~. ... s; L :<! ,,;" """"I .... .- ::::-:;) C) o ,-,..... ~) N '--1 ~~ ~~',." f-3 ~ ,t> :xl -< "'" ;.j_!i;~" __ ~,.L : . ,I. L ~""~~ \, \. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Plaintiffs Civil Action - Law No. 2000- 6815 Civil Term v. Bradley J. Darbow Defendant Jury Trial Demanded '(- POINTS FOR CHARGE ~,_,t~ I 't""f')" j) if~ 5.32 (Civ) HYPOTHETICAL QUESTIONS Questions have been asked in which an expert witness was invited to assume that certain facts were true and to give an opinion based upon that assumption. These are called hypothetical questions. If you find that any material fact assumed in a particular hypothetical question has not been established by the evidence, you should disregard the opinion of the expert given in response to that question. By material fact, we mean one that was important to the expert in forming his opinion. Similarly, if the expert has made it clear that his opinion is based on the assumption that a particular fact did not exist and, from the evidence you find that it did exist and that it was material, you should give no weight to the opinion so expressed. 1 i"''''~~ '-""'IOOJ ,.1 I ~'Iil~."i'; ,. \. C-- 5.50 (Civ) BURDEN OF PROOF In civil cases such as this one, the plaintiffs have the burden of proving those contentions which entitle him or her to relief. When a party has the burden of proof on a particular issue, his or her contention on that issue must be established by a fair preponderance of the evidence. The evidence establishes a contention by a fair preponderance of the evidence if you are persuaded that it is more probably accurate and true than not. To put it another way, think, if you will, of an ordinary balance scale, with a pan on each side. Onto one side of the scale, place all of the evidence favorable to the plaintiff; onto the other, place all of the evidence favorable to the defendant. If, after considering the comparable weight of the evidence, you feel that the scales tip, ever so slightly or to the slightest degree, in favor of the plaintiff, your verdict must be for the plaintiff. If the scales tip in favor of the defendant, or are equally balanced, your verdict must be for the defendant. In this case, the Defendant has admitted that he was the sole cause of the accident and that he injured Loretta Burns. Also, her husband has a consortium claim. Consortium is the law's recognition that if one partner of a marriage is injured by the negligence of the Defendant that he is entitled to the award of monetary damages. The technical legal definition of consortium is the loss of sex, services and society. Your duty will be to determine the amount of compensation to which your belief that the Loretta Burns and Eugene Burns are start here to receive. are entitled for the neck injury that caused the need for the Plaintiffs neck surgery, neck strains and the atrophy of her muscles on the right side of her back in the area of the scapula and that the accident aggravated a TMJ condition that prior to the accident had been asymptomatic and not painful. Atrophy means the wasting away of muscles and the scapula is the medical term for the wing bone. The Plaintiffs have the burden of proving the extent of the Plaintiffs' injuries going into the future and the extent of her injuries. You have a duty to give the Plaintiffs' compensation for the back surgery, the neck strains, the low back strains and for her TMJ condition that the accident either caused as a new injury or that the accident aggravated by making the condition painful and leading her to seek Dr. Beaudry's care. The Plaintiffs will have the burden of proving that the Plaintiff lost her job that she had prior to the accident because of her accident caused injuries and the impact of her condition on her attempts to obtain another job. If, after considering all of the evidence, you feel persuaded that these propositions as to are more probably true than not true, your verdict must be for the plaintiff. Otherwise, your verdict should be for the defendant. 2 -I ,iJ..~..>. -I~~ '~ . ~L.~L -- " ~ ~"-_!l-;~" " \, l}--' .1 ;~,\~ " ~VJ\ I"~ , K.. \J.. ::~,\Y', 6,02B (Civ) AUTO NEGLIGENCE: ELEMENTS OF PROOF EXPLANATION OF NON-ECONOMIC DAMAGES , The plaintiff claims to different types or classes of damages in this case. The elements which the plaintiff has the burden of proving with respect to each type of damages are somewhat different. The first type or class of damages sought by the plaintiff is generally referred to as "economic" loss damages and includes income loss, medical expenses, loss of earning capacity, and out-of-pocket expenses. For all of those economic losses, the loss includes past, present and future economic losses. The second type or class of damages is generally referred to as "non-economic" loss damages and includes such things as pain, emotional suffering, disability, loss of enjoyment of life and life's pleasures, embarrassment, and humiliation. For all of those non-economic damages, the damages includes past, present and future no-economic damages. As I indicated, what the plaintiff must prove differs somewhat depending on which type of damages claim is being considered--economic or non-economic loss damages. I will now instruct you regarding the elements which the plaintiff must prove. 3 ",.,.. ~.~_I " .J 'J _......,,,~,-, '. \. ~ ,',. l\'(\'V 6.02E (Civ) ,'.JJl AUTO NEGLIGENCE: FUTURE NON-ECONOMIC LOSS DAMAGES FOR NON-CONTINUING SERIOUS IMPAIRMENT THRESHOLD INJURY If you find the plaintiffs suffered serious impairment of a body function, but their injury has ceased, or may in the future cease to be a serious impairment of a body function, that fact will not relieve the defendant from liability for any of the non-economic loss damages suffered by the plaintiff as a proximate result of the defendant's negligence. 4 ;W""~ ..~~"".l~ ~; '. " ,\ if ,I t,~_--~ _" " ":.0"""""",, 3.25 (Civ) LEGAL CAUSE In order for the plaintiffs to recover in this case, the defendant's negligent conduct must have been a substantial factor in bringing about the accident. This is what the law recognizes as legal cause. A substantial factor is an actual, real factor, although the result may be unusual or unexpected, but it is not an imaginary or fanciful factor or a factor having no connection or only an insignificant connection with the accident. 5 !' '~ L~ I ~ ~ --~ ~' -'Ii i."''', " " t 6.21 (Civ) DAMAGES--L1FE EXPECTANCY If you find that the plaintiffs injuries will continue beyond today, you must determine the life expectancy of the plaintiff. According to statistics compiled by the United States Department of Health, Education and Welfare, the average life expectancy of all persons of the plaintiffs age at the time of accident, sex and race was 47.7 years. This figure is offered to you only as a guide, and you are not bound to accept it if you believe that the plaintiff would have lived longer or less than the average individual in her category. In reaching this decision you are to consider the plaintiffs health prior to the accident, her manner of living, her personal habits and other factors that may have affected the duration of her life. 6 ,'Mr-" 1- . .J " ~ 6.00 (Civ) DAMAGES The Defendant has admitted that he was the sole cause of the accident that injured the Plaintiffs and that the Plaintiffs suffered injuries, you must then find an amount of money damages you believe will fairly and adequately compensate the plaintiffs for all the physical and financial injury they have sustained as a result of the accident. The amount you award today must compensate the plaintiffs completely for damage sustained in the past, as well as damage the plaintiffs will sustain in the future.1 1 It is Plaintiff's understanding that the Defendant has or will admit that his negligence was the cause of the accident. If the Defendant does not so admit, then this point for charge would not be applicable and is withdrawn. 7 , , '-."-~j,",%"",,, ':'~ I, ~..... ~' .;..__J I 0' ", ~;, " , At)~ < '. .,.~\ 6.02 (Civ) .\})\ LOSS OF EARNINGS AND EARNING CAPACITY IN AUTOMOBILE ACCIDENT CASE WHERE THE PENNSYLVANIA NO-FAULT MOTOR VEHICLE ACT OF 1974 APPLIES AND AMOUNT IN EXCESS OF $15,000 IS CLAIMED I. [Read instruction 6.01C. If claim for future loss of earning capacity is made, also read instruction 6.010.J II. If you find the plaintiffs have sustained a loss of earnings in the past or will in the future sustain a loss of earnings or earning capacity, you should subtract from the dollar amount which you have determined, the sum of _ which is the responsibility of the plaintiff's insurance company. 8 ~~I ,L..""M I -'-~ , -JJjj!K'! '" 0\j\;f ~\ 't\ 'V ~t 6.02C (Civ) AUTO NEGLIGENCE: ECONOMIC LOSSES ,J In a case of this type, a plaintiff may recover economic losses if he or she can show by a greater weight of the evidence that: (1) The defendant was negligent in one or more ways as I described to you in my instructions; (2) The defendant's negligence was a substantial factor in bringing about injury to the plaintiff; and (3) The plaintiffs injury resulted in economic losses. 9 ~c .~~ "> ~,~.,}_':'" ~ '- \-', ,:",>j.,-"l , ,.,C " \'y-'2.10 (Civ) ADMISSIONS OF FACT _ (Pleadings, Answers to Interrogatories orRequests for Admissions, Depositions" Statements) '. The admission of facts made by the Defendant George Richardson in hjs deposition admitted that he started consuming alcohol at approximately 5:00 p.m.; that he drank about a six pack of Budweiser; that he left his home at between 6:00 p.m. and 7:00; that he had a few mixed drinks at the track that he estimated to be two or three drinks; that he had consumed too much alcohol to drive and that his Blood Alcohol was.20 and that he had been drunk before; that he had "a good idea when he had had too much to drink and should not drive"; that he was aware that if he got behind the wheel when he was drunk that he could cause and accident that could injure or kill someone. 10 ,,;;,m='~ ~I ,I " ill"" '~"':,' ~" ~ ,(\ ~ 3.01 (Civ) "_J N EGLIGENCE--Definition The legal term negligence, otherwise known as carelessness, is the absence of ordinary care which a reasonably prudent person would exercise in the circumstances here presented. Negligent conduct may consist either of an act or an omission to act when there is a duty to do so. In other words, negligence is the failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not do, in light of all the surrounding circumstances established by the evidence in this case. It is for you to determine how a reasonably careful person would act in those circumstances. '-, 11 ,JI!ill " ~ " I, L "~i ~ ~ ",-W-' " .....1; " ~'- A .-J "'!Y'- ~b 3.07 (Civ) NEGLIGENT CONDUCT CAUSING EMOTIONAL DISTRESS it" " ' First Alternative The plaintiffs claim that the negligent conduct of the defendant caused , them to suffer emotional injuries. I will give you examples of injuries that are considered psychological injuries. These injuries include but are not limited to continued nausea or headaches, repeated hysterical attacks, insomnia, severe depression, nightmares, stress, nervousness, or anxiety. Based upon the evidence presented at this trial, the only issues for you to decide in accordance with the law as I shall give it to you are: First: Was the defendant negligent? Second: Was the defendant's negligence a substantial factor in bringing about injury to the plaintiff? Third: Did the plaintiff suffer a psychological injury as a result of the defendant's conduct? 12 -'~ l >_~. I~ Iii.,",i " 3.50 (Civ) VERDICT DIRECTING SUMMARY U You will now retire to consider all of the evidence received in this trial in the light of the various factors I have presented to you and apply the law as I have given it to the facts as found by you. The defendant has admitted that he was negligent, and that the defendant's conduct was a substantial factor in bringing about harm to the plaintiffs, your verdict must be in favor of the plaintiffs and against the defendant. You must determine what damage the plaintiff was and will be caused to suffer by reason of the defendant's negligence' and return a verdict for the plaintiffs in that amount. ~ 13 ':'''sC' -I. l,~ " , ~~a^~~'y , A tLlY''-' L' to ~..... 5.04 (Civ) CONFLICTING TESTIMONY You may find inconsistencies in the evidence. Even actual contradictions in the testimony of witnesses do not necessarily mean that any witness has been wilfully false. Poor memory is not uncommon. Sometimes a witness forgets; sometimes the witness remembers incorrectly. It is also true that two persons witnessing an incident may see or hear it differently. If different parts of the testimony of any witness or witnesses appear to be inconsistent, you the jury should try to reconcile the conflicting statements, whether of the same or different witnesses, and you should do so if it can be done fairly and satisfactorily. If, however, you decide that there is a genuine and irreconcilable conflict of testimony, it is your function and duty to determine which, if any, of the contradictory statements you will believe. 14 ',;""""'-= I...... ~ ~ , I 'ill r.iiilll&~'; 5.30 (Civ) EXPERT TESTIMONY--CREDIBILlTY GENERALLY A witness who has special knowledge, skill, experience, training, or education in a particular science, profession, or occupation may give his or her opinion as an expert as to any matter in which he or she is skilled. In determining the weight to be given to the expert's opinion, you should consider the qualifications and reliability of the expert and the reasons given for his or her opinion. You are not bound by an expert's opinion merely because he or she is an expert; you may accept or reject it, as in the case of other witnesses. Give it the weight, if any, to which you deem it entitled. 15 >.~- --I., ' J ,= '1llIlIillbfu..~-!:;, ~ ",,/ 'VP\,"i~~3 (Civ) WEIGHING CONFLICTING EXPERT TESTIMONY D In resolving any conflict that may exist in the testimony of expert witnesses, you are entitled to weigh the opinion of one expert against that of another. In doing this, you should consider the relative qualifications and reliability of the expert witnesses, as well as the reasons for each opinion and the facts and other matters upon which it was based. 16 ",,- """"L I ~, 'r~'! ~ \~. -r \:\ I>v W t 6.22 (Civ) h FUTURE LOSS OF EARNINGS AND LOST EARNING CAPACITY WHERE LOSS OF FUTURE PRODUCTIVITY IS PROVEN (1) Live plaintiffs [use in conjunction with 6.01 DJ The plaintiffs are entitled to be compensated for any loss or reduction of future earning capacity that they will suffer as a result of a decrease in or loss of future productivity. (3) Definition of loss of productivity. Future productivity is the increase in wages or compensation which the Plaintiffs would have received, had they not sustained the injury. Plaintiffs have loss of earnings, adding a productivity factor. If you believe that the Plaintiffs have sustained a loss of productivity you may use this evidence as a guide in reaching your decision as to the amount of Plaintiff's loss or reduction of future earning capacity. 17 " ~ I - "~'~'"~'''lik':f_1 ~ 5.31 (Civ) EXPERT OPINION--BASIS FOR OPINION GENERALLY In general, the opinion of an expert has value only when you accept the facts upon which it is based. This is true whether the facts are assumed hypothetically by the expert, or they come from his or her personal knowledge, from some other proper source, or from some combination of these. 18 -' e'- l.' - ~ I, - ' ~_..~ .~ ~"1,,,,'; .,;,s::: ' ," ~ , . ' < 6.01 (Civ) INJURIES TO ADULT NOT RESULTING IN DEATH " "- ~~ c iI' ~ The damages recoverable by the Plaintiffs in this case and the items that V; c- '-'go to make them up, each of which I will discuss separately, are as follow: t,,"" (a) past pain and suffering; (b) future pain and suffering; (c) future medical expenses; (d) past emotional dil?tress; (e) future emotional distr~ss; (f) past loss of enjoyment of life; (g) future loss of enjoyment of life; (h) past work lost; (h) future work IQst In the event that you find in favor of the Plaintiffs you will add these sums of damage together and return your verdict in a single, lump sum. 19 .~ J . '0.,,- -~'""," 6.01 F (Civ) FUTURE PAIN AND SUFFERING 'l\ The plaintiff is entitled to be fairly and adequately compensated for such physical pain, lTIental anguish, discomfort, inconvenience and distress as you believe they will endure in the future as a result of their injuries. 20 ,.. L,. Jc ".'lil-""",.,' ~ (', ' 6.02 (Civ) LOSS OF EARNINGS AND EARNING CAPACITY IN AUTOMOBILE ACCIDENT CASE WHERE THE PENNSYLVANIA NO-FAULT MOTOR VEHICLE ACT OF 1974 APPLIES AND AMOUNT IN EXCESS OF $15,000 IS CLAIMED L , pl./''''''',,1... ~t f C{ I. [Read instruction 6.01C. If claim for future loss of earning capacity is made, also read instruction 6.010.] II. If you find the Plaintiff, has sustained a loss of earnings in the past or will in the future sustain a loss of earnings or earning capacity, you should subtract from the dollar amount which you have determined, the sum of $15,000 which is the responsibility of the Plaintiff's insurance company. 21 --~""~. 1._._ - ~ ' L' .o~ -""?ii" ~ " 6.01A (Civ) MEDICAL EXPENSES ) '(1"( " ,\iLl ( ,Q.;' ' ' k/ " . The plaintiffs are entitled to be compensated in the amount of all medical expenses reasonably incurred for the future diagnosis, treatment and cure of their injuries in the past. 22 -' "c__ - " l ~ , ~ "- '~~-~j",":l - t- 6.01G (Civ) EMBARRASSMENT AND HUMILIATION The plaintiff is entitled to be fairly and adequately compensated for such embarrassment and humiliation as you believe they have endured and will continue to endure in the future as a result of their injuries. 23 ~, L___J ~" ~ ~ ;w.j 'l'1'~.il!Ii8>&~; 'v- /.2,)\' '\Y 6.01C (Civ) PAST LOST EARNINGS AND LOST EARNING CAPACITY b The plaintiffs are entitled to be compensated for the amount of earnings that they have lost up to the time of the trial as a result of their injuries. This amount is the difference between what they probably could have earned but for the harm and any less sum which they actually earned in any employment. It is not essential to recovery that the plaintiff should have been employed at the time of the accident, but their opportunities for employment are relevant in determining the amount that they probably could have earned. 24 L. D I -11;,-, l?' 3.02 (Civ) ORDINARY CARE--Definition "'- ~ Ordinary care is the care a reasonably careful person would use under the I circumstances presented in this case. It is the duty of every person to use ordinary care not only for his or her own safety and the protection of his or her property, but also to avoid injury to others. What constitutes ordinary care varies according to the particular circumstances and conditions existing then and there. The amount of care required by the law must be in keeping with the degree of danger involved. 25 >'~- J "'" - ,~~ili,j A 6.01 E (Civ) PAST PAIN AND SUFFERING The plaintiffs are entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you find they have endured, from the time of the accident until today. 26 i?"~ .- ~ . J "I --~ ~',""jm<J>" ~~ \1t 6.01 D (Civ) FUTURE LOSS OF EARNINGS AND LOST EARNING CAPACITY '6 The plaintiffs are entitled to be compensated for any loss or reduction of future earning capacity that they will suffer as a result of the injuries sustained in this accident. In determining this amount, you must ascertain the difference between the yearly amounts which the plaintiff probably would or could have earned during his life expectancy that is _ years but for the injuries he has sustained in the accident. The Plaintiffs have testified with respect to his earnings and his inability to obtain another position. In determining this amount, you may consider the type of work that the plaintiffs have done, the type of work which, in view of his physical condition, education, experience and age, they would have been doing and will be doing in the future, the extent and duration of the plaintiff's injuries, together with all other matters reasonably relevant. The amount of lost future earning capacity which you determine to have been sustained by the plaintiffs should be expressed by you in a dollar amount. 27 -~,=~ 1 J..I~~~ - -~. ik&;c- ," J/~ ';iJ 6.01B (Civ) FUTURE MEDICAL EXPENSES ? The plaintiffs are titled to be compensated for all medical expenses which you find they will reasonably incur in the future for the treatment and care of their continuing injuries if you find that they will reasonably incur medical expenses for treatment of the injuries suffered in the collision that gave rise to this case into the future. 28 -~ ,-- ,I ~ -- ~ ~..;" . f 6011 (Civ) ENJOYMENT OF LIFE The plaintiffs are entitled to be fairly and adequately compensated for past, present and future loss of his ability to enjoy any of the pleasures of life as a result of their injuries. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Date: April 29, 2002 29 L -- -,""-"'-"-,,;,, r- In a civil action such as this one that Mr. & Mrs. Burns brought against Mr. Darbow, the Defendant has the right to have the Plaintiff examined by a doctor the Defendant chooses for the purpose of agreeing with or disagreeing with the Plaintiff's doctor's opinions. If the Plaintiff does not appear for the examination by the doctor the Defendant has chosen, the judge will order the Plaintiff to be examined by the doctor the Defendant chooses. If the Defendant has a doctor of its choosing examine the Plaintiff, the Defendant can call its doctor as an expert and the defense doctor can testify as to what the he found in his or her examination and give his opinion as to the cause of the injury and how severely the Plaintiff has been injured. Pa.R.C.P. No. 4010. ,. 2- ~ .-,,--' "'--~- ~~ . M\home\bqa\litigat\statefnn\Darbow\trial brief.wpd Draft #3 April 23, 2002 " Brigid Q. Alford. Esquire Supreme Court tD. #38590 Jeffrey E. Piccola, Esquire Supreme Court 1.D. #18018 BOSWELL, rINTNER. PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Bradley J. Darbow LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARB OW, Defendant : JURY TRIAL DEMANDED TRIAL BRIEF OF DEFENDANT BRADLEY J. DARBOW I. STATEMENT OF FACTS On October 8, 1998, Defendant was involved in a collision with a vehicle operated by Plaintiff Regina Sargeant, in which Plaintiffs Loretta Bums and Rebecca Meredith were passengers. Plaintiffs Regina Sargeant and Loretta Bums brought suit for injuries allegedly sustained in the accident. Plaintiff Eugene Bums brought suit based upon a loss of consortium claim with Loretta Bums and on behalf of Rebecca Meredith, a minor, Bums claims to be the legal guardian of Ms. Meredith, his granddaughter. Regina Sargeant sustained very minor injuries in the collision. Specifically, Ms. Sargeant complained of minor stomach pain from the seatbelt and bmised knees. After receiving medical treatment on the day of the collision, Ms. Sargeant did not require any further medical care. ~ ~L ~, , ;'li .. < Rebecca Meredith also sustained very minor injuries in the collision, in the nature of a bruised foot or leg; however, she also did not require any further medical care after receiving medical treatment on the day of the collision. The parties have reached a settlement as to the sisters' claims. In light of Ms. Meredith's minority, a Petition for Court Approval of her claim has been presented to the Court, which approved the same on April 22, 2002. Loretta Bums also received very minor injuries as a result of the accident. Mrs. Bums sustained a cut above her eyebrow that did not require stitches and did not leave a scar. Mrs. Burns further claims to have suffered lower back soft tissue injury and TMJ as a result of the accident. To date, however, Mrs. Bums has not produced any medical documentation establishing a definitive causal link between these ailments and the collision. In particular, she has no expert testimony to support her claim that the accident at issue cause soft tissue injuries. The expert testimony proffered in support of her claim that the accident caused TMJ was equivocal at best, and in fact the expert admitted during the course of his deposition taken for use at trial, that he could not state whether she had suffered from TMJ orior to the accident. Eugene Bums raised a loss of consortium claim secondary to Mrs. Bums injuries. This claim is apparently based upon Mr. Bums' averment that Mrs. Bums worked for him in his small engine repair business as a parJ;-time, unpaid bookkeeper. There is no claim by any plaintiff for wage loss or other economic injuty. The parties have stipulated as to the issue ofliability. .2- . . 10 'I, I '- ~ .:~I ,,-,,- '0 , ,,-- - ~t:,i II. ARGUMENT "[T]he plaintiff in a personal injury case has the burden of proving that the injuries complained of resulted from the accident." Reist v. Manwiller 332 A.2d 518,521 (pa.Super. 1974). See also Surgent v. Stein, 421 A.2d 445,447 (Pa.Super. I 980)(holding that Plaintiffmust establish that negligence on the part of the Defendant was the proximate cause of Plaintiffs injuries). Where there is evidence to suggest separate and distinct accidents or independent causative agents that may possibly be responsible for a plaintiffs claimed injuries, plaintiffs burden of proof by way of medical expert testimony must be such as to enable the fact finder to intelligently separate those injuries directly attributable to the tortfeasor. See McGuire v. Hamler Coal Mining Company, 355 Pa. 160,49 A.2d 396 (1946). A fact-finder may not award damages on the basis of speculation or conjecture. Rice v. Hill, 315 Pa. 166,173,172 A. 289 (1934). The plaintiff must present competent medical evidence from which the fact finder can reasonably determine the degree to which the plaintiffs claimed injuries were caused by the tortfeasor's conduct. See Martin v. Johns-Manville Corporation, 508 Pa. 154,494 A.2d 1088 (1985). In order for a fact finder to assess the value of any loss, the plaintiff must produce adequate evidence that quantifies the loss to a degree that the fact finder will have a basis to at least reasonably infer whether damage occurred and from what source. Baccare v. Mennilla, 369 A.2d 806 (Pa.Super. 1976). For a factfinder to award damages for a particular condition to plaintiff, it must -3- - ::il . ~ .,;.,. -, -",.; - < find as a fact that the condition was legally caused by the defendant's conduct. McMahon v. Young, 442 Pa. 184,486, 276 A.2d 534, 535 (1971). A fact finder cannot be permitted to speculate on the issue of causation; there must be sufficient evidence on the record which satisfied the standard of certainty. Albert v. Alter, 381 A.2d 459 (Pa. Super. 1957). Plaintiff claims that she has suffered TMJ and soft tissue injuries as a result of the 1998 motor vehicle accident. Complaint, para. 14. In fact, however, Plaintiffhas no competent medical evidence to prove that the accident caused any soft tissue injuries, or to prove that she had not developed the TMJ prior to the accident. III. CONCLUSION A fact- finder may not award damages on the basis of speculation or conjecture. Rice, supra. The plaintiff must present competent medical evidence from which the fact finder can reasonably determine the degree to which the plaintiff s claimed injuries were caused by the tortfeasor's conduct. See Martin, supra. The fact-finder cannot speculate as to the cause of Plaintiffs alleged injuries, Albert, supra., nor as to whether she "might," someday, have to undergo additional dental work of some kind. Plaintiffs cannot sustain their burden in this case. While the Plaintiff may indeed have made subjective, post-accident reports of pain, the fact remains that there is no evidence to support an inference that the accident caused any soft tissue injury. Most significantly, Plaintiffs oral/maxillofacial medical expert cannot testify that Loretta Bums had not already developed the TMJ prior to the accident, a conclusion required for him to opine - legitimately - as to the causation Issue. -4- I ~ .', ". . ~ "iiil.'J . Plaintiff has no objective, admissible, competent evidence to prove, by a preponderance of the evidence, that the accident with Mr. Darbow caused any post-accident ailments. Thus, with the Plaintiffs being unable to meet their burden of proof or the causation of damages issue, Defendant Darbow respectfully submits that a verdict be entered in his favor. Respectfully submitted, By: Brigid Q. Alford, Esqu' e Supreme Court LD. # 590 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Post Office Box 741 Ramsburg, PA 17108-0741 Attorneys for Defendant Darbow Date: 1f12q(o~ ,-~ , I . I, .--.,- . ,,--. ,'"~ -C""",;-, , ' CERTIFICATE OF SERVICE I do hereby certifY that I have served on this date a true and correct copy of the foregoing Trial Brief of Defendant Bradley J. Darbow on the following by hand-delivery to: David W. Knauer, Esquire 411-A Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs By: Date: 1;r;j{OJ- I", ~.' .;1, _ - ,- "-",,"' ,,, ''",Co - ."" ''''',.,~,-c -I .1,:: ,I~,-'~~"",; '-"~->__':"o.:'" ;;'''-' <. "'0<,", _ ..co_ ,_ .~ , ~.. 0 '-'111 M\home\bqa\litigat\statefnn\Darbow\trial brief.wpd Draft #3 April 23, 2002 Brigid Q. Alford, Esquire Supreme Court 1.0. #38590 Jeffrey E. Piccola, Esquire Supreme Court 1.0. #18018 BOSWELL, rINTNER. PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Ramsburg, Pennsylvania 17108~0741 Attorneys for Defendant Bradley J. Darbow LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARBOW, Defendant : JURY TRIAL DEMANDED TRIAL BRIEF OF DEFENDANT BRADLEY J. DARBOW I. STATEMENT OF FACTS On October 8, 1998, Defendant was involved in a collision with a vehicle operated by Plaintiff Regina Sargeant, in which Plaintiffs Loretta Bums and Rebecca Meredith were passengers. Plaintiffs Regina Sargeant and Loretta Bums brought suit for injuries allegedly sustained in the accident. Plaintiff Eugene Bums brought suit based upon a loss of consortium claim with Loretta Bums and on behalf of Rebecca Meredith, a minor, Bums claims to be the legal guardian of Ms. Meredith, his granddaughter. Regina Sargeant sustained very minor injuries in the collision. Specifically, Ms. Sargeant complained of minor stomach pain from the seatbelt and bruised knees. After receiving medical treatment on the day of the collision, Ms. Sargeant did not require any further medical care. .~ ~~ J,"J ' ~''", , " , ~-r,'i.<"'",' '''','.1 ,,4- ,~ ,,~"'" " .--1 ,"^ , .' ~ ., ~",,~','-},~ i-:~,::, , d . " '. . ,~ . .',' :o....~; Rebecca Meredith also sustained very minor injuries in the collision, in the nature of a bruised foot or leg; however, she also did not require any further medical care after receiving medical treatment on the day of the collision. The parties have reached a settlement as to the sisters' claims. In light of Ms. Meredith's minority, a Petition for Court Approval of her claim has been presented to the Court, which approved the same on April 22, 2002. Loretta Bums also received very minor injuries as a result of the accident. Mrs. Bums sustained a cut above her eyebrow that did not require stitches and did not leave a scar. Mrs. Bums further claims to have suffered lower back soft tissue injury and TMJ as a result of the accident. To date, however, Mrs. Bums has not produced any medical documentation establishing a definitive causal link between these ailments and the collision. In particular, she has no expert testimony to support her claim that the accident at issue cause soft tissue injuries. The expert testimony proffered in support of her claim that the accident caused TMJ was equivocal at best, and in fact the expert admitted during the course of his deposition taken for use at trial, that he could not state whether she had suffered from TMJ prior to the accident. Eugene Bums raised a loss of consortium claim secondary to Mrs. Bums injuries. This claim is apparently based upon Mr. Bums' averment that Mrs. Bums worked for him in his small engine repair business as a part-time, unpaid bookkeeper. There is no claim by any plaintifffor wage loss or other economic injury. The parties have stipulated as to the issue ofliability. -2- , '~ _","'",-idV^~' ~ .-'n"~'_'_~-'~",' ".- ,".' -", ,.;...; -, h '-,l" ,-:;'--.1:--:.."; '_'';'~' .,-,->', "~"'".~ ~.",c>~:,., "'""_"-,' .,'-,.,;:' II. ARGUMENT "[T]he plaintiff in a personal injury case has the burden of proving that the injuries complained of resulted from the accident." Reist v. Manwiller 332 A.2d 518, 521 (pa.Super. 1974). See also Surgent v. Stein, 421 A.2d 445,447 (Pa.Super. 1980)(holding that Plaintiff must establish that negligence on the part of the Defendant was the proximate cause of Plaintiffs injuries). Where there is evidence to suggest separate and distinct accidents or independent causative agents that may possibly be responsible for a plaintiffs claimed injuries, plaintiffs burden of proof by way of medical expert testimony must be such as to enable the fact finder to intelligently separate those injuries directly attributable to the tortfeasor. See McGuire v. Hamler Coal Mining Company, 355 Pa. 160,49 A.2d 396 (1946). A fact-fmder may not award damages on the basis of speculation or conjecture. Rice v. Hill, 315 Pa. 166, 173, 172 A. 289 (1934). The plaintiff must present competent medical evidence from which the fact finder can reasonably determine the degree to which the plaintiffs claimed injuries were caused by the tortfeasor's conduct. See Martin v. Johns-Manville Corporation, 508 Pa. 154,494 A.2d 1088 (1985). In order for a fact finder to assess the value of any loss, the plaintiff must produce adequate evidence that quantifies the loss to a degree that the fact finder will have a basis to at least reasonably infer whether damage occurred and from what source. Baccare v. Mennilla, 369 A.2d 806 (Pa.Super. 1976). For a factfinder to award damages for a particular condition to plaintiff, it must -3- ,-I _.~'; 'I"~. -,-;_-, ,-,,,.,.---,,,,;-,,,-,>,--.' '";'0 ,','".1_,,;' iil" ", ,'. -~', ,~_:,2'e~'" [> , '-.'~'i.,,'~~' 1 -'~:"";i,;-,,,," ,;' .,. ',.",.;.,'. "''Ie -'::';:;'-',':;,: find as a fact that the condition was legally caused by the defendant's conduct. McMahon v. Young, 442 Pa. 184,486,276 A.2d 534, 535 (1971). A fact fmder cannot be permitted to speculate on the issue of causation; there must be sufficient evidence on the record which satisfied the standard of certainty. Albert v. Alter, 381 A.2d 459 (Pa. Super. 1957). Plaintiff claims that she has suffered TMJ and soft tissue injuries as a result of the 1998 motor vehicle accident. Complaint, para. 14. In fact, however, Plaintiffhas no competent medical evidence to prove that the accident caused any soft tissue injuries, or to prove that she had not developed the TMJ prior to the accident. III. CONCLUSION A fact-finder may not award damages on the basis of speculation or conjecture. Rice, supra. The plaintiff must present competent medical evidence from which the fact finder can reasonably determine the degree to which the plaintiff s claimed injuries were caused by the tortfeasor's conduct. See Martin, supra. The fact-finder cannot speculate as to the cause of Plaintiffs alleged injuries, Albert, supra., nor as to whether she "might," someday, have to undergo additional dental work of some kind. Plaintiffs C3Ill1ot sustain their burden in this case. While the Plaintiff may indeed have made subjective, post-accident reports of pain, the fact remains that there is no evidence to support an inference that the accident caused any soft tissue injury. Most significantly, Plaintiffs oral/maxillofacial medical expert C3Ill1ot testifY that Loretta Burns had not already developed the TMJ prior to the accident, a conclusion required for him to opine - legitimately - as to the causation Issue. -4- """' " "-~'I'" '~.,<c, ,', " , "-"" k' ~I- ~,;'_cld..";";O";' , , , '" :, i,-X-:, , -- , , , '_:",i1td , - Plaintiff has no objective, admissible, competent evidence to prove, by a preponderance of the evidence, that the accident with Mr. Darbow caused any post-accident ailments. Thus, with the Plaintiffs being unable to meet their burden of proof or the causation of damages issue, Defendant Darbow respectfully submits that a verdict be entered in his favor. Respectfully submitted, By: Brigid Q. Alford, Esq Supreme Court J.D. # 590 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Defendant Darbow Date: If/gQ/O;J- , .. -'I;;,;",,,,. ." , , " .. '. k ..I ,'C ,-.' .. , d "'" 0'"" " .. ---,,~ .,1-_,,,, -""- .J-' , "c ;;04; ,~. e_ < . '",~ ~-- '", CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Trial Brief of Defendant Bradley J. Darbow on the following by hand-delivery to: David W. Knauer, Esquire 411-A Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs By Bd~ij~ Date: ~:tI{o,.. , ~- , ~" "'. ,-, "I ~"" ;""'_':"'-'.,,,,__~,c ,>-.:,"[,,0 I" ." le..:~(:-- -,,~ ,,< ,~~., I L","; , ,:X-, :':;"'", ,-,~,;,,'...-' '-""p: ~~-';";'""., ,-.-,p", '",>;. ,~." ',"__ _"h'" "~:it! m:\home\bqa\litigat\statefnn\darbow\proposed point charge.wpd Draft #2 April 23, 2002 Jeffrey E. Piccola, Esquire Supreme Court l.D. #18018 Brigid Q. Alford, Esquire Supreme Court J.D. #38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Bradley J. Darbow LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plain tiffs v. BRADLEY J. DARBOW, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2000-6815 Civil Term : JURY TRIAL DEMANDED PROPOSED POINTS FOR CHARGE OF DEFENDANT BRADLEY J. DARBOW Date: 1 J-V'O~ Respectfully Submitted, By: Brigid Q. ford, Esq e Supreme Court ill #3 590 Jeffrey E. Piccola, Esquire Supreme Court ill #18018 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Defendant Darbow ~. <" "-,~-,,,I , C,.'.",.~. ," \,-",.~ .. "I 'I' 1-, . . '>'-v,,1 .. ...."."C ~",'..i." i,i' c,,;, .=*F.";;:'-'c.4',:'i0'~ 4~:( .' DEFENDANT'S PROPOSED POINT FOR CHARGE NO.1 Under all the evidence presented, I direct that you return a verdict awarding Plaintiff no money damages. -1- ", ,-~~vl:: i i I i i: i I i, " , Ii "~ " ",-."~~' .,,-, ~,' 1'-' --.~;; ~, . :"~'~I~""--;..-~ ,-'-,,-- "-",,,'':.I~-- .'-,~-, "-'''''> ~ 0-'_"" ,',,"e.i'"r.,';:'.''-,- ;,f'~,.-,'" '. \-;c,i_c".-" '~"'";~-jd\:; DEFENDANT'S PROPOSED POINT FOR CHARGE NO.2 L The Plaintiff Loretta Burns claims that she was injured and sustained damages as a result of the negligent conduct of Defendant. Plaintiff has the burden of proving her claims. Defendant Darbow denies that the accident caused any injury or that Plaintiff sustained damages as a result of the accident. -2- -w_ c, ", ,,-'.'1_;_.' ,~,c~:,>,' '1'j~ :". ci_"_/I .~_-.:" ~~r~;..~:,-,-, ,/,"'^ ,.",-1,': ",~,>;: ;; ~--"",;,, ",.;-_,_'0, , .' - .--'': t\" (:-""'-,, +",,, ",,,:'0 -;">;_'''_(''i;',,~ r'", DEFENDANT'S PROPOSED POINT FOR CHARGE NO.3 In order for Plaintiff to recover in this case, Defendant's negligence must have been a substantial factor in bringing about Plaintiff s alleged harm. That is what the law recognizes as legal cause. A substantial factor is an actual, real factor, although the result may be unusual or unexpected, but it is not imaginary or fanciful factor, or a factor having no connection or only an insignificant connection with the accident. Pa. SSJI (Civ) 3.25 -3- --" , , --," ,-", , -,;;".'-I~'.;'- " ," -'," , , , I '1;,,-," -0--" , r.':O,'"1 " '. " , ~~"" ""0""""'" "" .h" r,'--'~' ~""--'';'~~i,,;'':'i~ ,~ " DEFENDANT'S PROPOSED POINT FOR CHARGE NO.4 V1 The number of witnesses offered by one side or the other does not, in itself, determine the weight of the evidence. It is a factor, but only one of may factors which you should consider. Whether the witnesses appear to be biased or unbiased; whether they are interested or disinterested persons, are among the important factors which go to the reliability of their testimony. The important thing is the quality of the testimony of each witness, In short, the test is not which side brings the greater number of witnesses or presents the greater quantity of evidence; but which witness or witnesses, and which evidence, you consider most worthy of belief. Even the testimony of one witness may outweigh that of many, if you have reason to believe his testimony in preference to theirs. Obviously, however, where the testimony of the witnesses appears to you to be of the same quality, the weight of numbers assumes particular significance. Pa. SSJI (Civ) 5.03 -4- - , _ _ C-.', ~ .. ,<<.-, ~','0-'~", ~.-,,' "'1,1-, :":__,-,'1," ,_~ '''. < ~c__',i.___I," ,,~ ~.'_ -co_'-;'".. '" ",,,,,, ,,'. ,.- ~" ~;,: ,>,,,,,--,;,,,-::i,,..;,,,. ~ ,"."''''< I":!<,';"-n"_r_" ""--,,,'.1 -j DEFENDANT'S PROPOSED POINT FOR CHARGE NO.5 l}-.l ""..f 'J \I'il ~\r' \J.-? ~ You may find inconsistencies in the evidence. Even actual contradictions in the testimony of witnesses do not necessarily mean that any witness has been willfully false. Poor memory is not uncommon. Sometimes a witness forgets; sometimes he remembers incorrectly. It is also true that two persons witnessing an incident may see or hear it differently. If different parts of the testimony of any witness or witnesses appear to be inconsistent, you the jury should try to reconcile the conflicting statements, whether of the same or of different witnesses, and you should do so if it can be done fairly and satisfactorily. If, however, you decide that there is a genuine and irreconcilable conflict of testimony, it is your function and duty to determine which, if any, of the contradictory statements you will believe. Pa. SSJI (Civ) 5.04 -5- l;.' ~ . ~"""__,, ". ..', .,,'';:1''. ;, L ,,.;,;.'~I":':';;;,.',,, ".'';'' '.-',--.-' ,,' ~.I- ~""~i""'_"'-":'-:d - '. '"';" '. ,",'0 "."" -.,," ,,' .~'~~"'" F--,j;;,""'A:;::';<';';':;:~_,;,'d' ---, r"'-~"'~ "'C',''':",_, ,""'. DEFENDANT'S PROPOSED POINT FOR CHARGE NO.6 R If you decide that a witness has deliberately falsified his testimony on a significant point, you should take this into consideration in deciding whether or not to believe the rest of his testimony; and you may refuse to believe the rest of his testimony, but you are not required to do so. Pa. SSJI (Civ) 5.05 -6- ~ " -, ~- "" .' ,,~ , ',='i< . .,., .. - ,.' . . -, ~~:~I' '~" .. , .. ;,; I , .. .. ..,o.,,,,,,~,~ '. <.' [;,~ :-';;;, ," -;!,~,~""i':<~,: "\c,,,'h " .. , . ,'< '-'~1ii DEFENDANT'S PROPOSED POINT FOR CHARGE NO.7 L_ In civil cases such as this one, the Plaintiffhas the burden of proving those contentions which entitle her to relief. When a party has the burden of proof on a particular issue, his or her contention on that issue must be established by a fair preponderance of the evidence. The evidence establishes a contention by a fair preponderance of the evidence if you are persuaded tllat it is more probably accurate and true than not. To put it another way, think, if you will, of an ordinary balance scale, with a pan on each side. Onto one side ofthe scale, place all ofthe evidence favorable to the Plaintiff; onto the other, place all of the evidence favorable to the Defendant. If, after considering the comparable weight of the evidence, you feel that the scales tip, ever so slightly or to the slightest degree, in favor of the Plaintiff, your verdict must be for the Plaintiff. If the scales tip in favor of the Defendant, or are equally balanced, your verdict must be for the Defendant. In this case, Plaintiff has the burden of proving that Defendant Darbow was negligent and that his negligence was a substantial factor in bringing about Plaintiff s alleged harm. If, after considering all of the evidence, you feel persuaded that these propositions are more probably true than not true, your verdict must be for the Plaintiff. Otherwise, your verdict should be for the Defendant. Pa. SSJI (Civ) 5.50 -7- -'1 "--, I,,", ~'"":,,,- "-,"---",.'."1--',<" '-"..,--",'"".,,;,~;> '>'.,"L'.:;~I,".<,;.i",~<~",,.:ic;~k~,".' ,;..,:;'"""",,, ..,~, ~t ,', _t',.;:,',"' , ',~ "I .' ,',-1'>,"" ,--~,~ DEFENDANTS' PROPOSED POINT FOR CHARGE NO.8 ~ In general, the opinion of an expert has value only when you accept the facts upon which it is based. This is true whether the facts are assumed hypothetically by the expert, come from his or her personal knowledge, from some other proper source or from some combination of these. Pa. SSJI (Civ) 5.31 -8- ,..l , ~~ <,'~ 'I.-'~;.,'", . ~'.--",," "",'.~' .>;,. , "<~, ";".-,,1 " 1'-- ; -.'" ,. e "';I<';~ w . ,,"~'-' -,A -"D;~",.' A.-." .,'" ." "~~,;.:{-~: ,{:~." "'0' .' 1 , DEFENDANTS' PROPOSED POINT FOR CHARGE NO.9 ~ I am now going to instruct you on the various elements of damage to which Plaintiff may be entitled. The mere fact that I charge you on the measure of damages does not indicate and should not be considered by you as any indication that I think damages should be awarded. I am giving you these instructions on damages only because I am required to charge you on all ofthe possibilities and all phases ofthe case which you may have to consider. -9- ~ "",=-, ,. -, 1-, , "' ,', ":-",,";i,~;',~;' '"..,.I . , "", ,- _,~1 ."< ~<> il ." 'l,C'~b~", '-''''- ,,; ." ,:,,1: """, " , ." . . "'~~, :;;;";,-ti,,;:,;,,0'J'::,,,i.;''''-M''''''.i,_, ",,;., . 'U '~~ /e-.'~ 1J~'?~'~)~ DEFENDANTS' PROPOSED POINT FOR CHARGE NO. 10 :~~~ \J)\ . There has been evidence in this case that medical services were performed for the Plaintiff. However, you have received no evidence of the amount of medical expenses incurred by the Plaintiff. Such losses are not recoverable in this case. While you may consider the types of medical services performed in reaching a verdict on the other type of non-economic damages, such as pain and suffering, your verdict should not include any award for actual medical expenses. Pa. SSJI (Civ) 6.02Al -10- _.J!i . , , . , ,,' ., , '" J 0""1-'-'"" , 'v , ;:b-; " '), ;;'t '<'~'~""'<~,,-,'., ,;;r; ,'" ''*-'-=;~''~-~'',,;f :'";\";,.,,,; '-'~> ';';"1i ~'- '.,.;"? . DEFENDANTS' PROPOSED POINT FOR CHARGE NO. 11 L If the evidence on any particular claim for damages is such that some crucial fact is not established, or if the evidence is so uncertain, or if the evidence is so contradictory that you are forced to guess or speculate, then, as to the fact, you must find in favor of the Defendant. Kaczkowski v. Bolubasz, 413 A.2d 1112 (Pa. Super. 1979),421 A.2d 1027 (Pa. 1980). -11- "--- ~"~ '.',"- C'" '-' ',,' ,,'c,' " 'I",,';-:"-"-'I"~"; " c ,0'=_ ..1__1,"" J v.' .~".,,,,~,'.. -. ",i..';; .""''-,''~',,,.,-="--C,-"",.'-'~'".-''''<Q;;,.... ,__'-' _.~ ;,', ,~"-: DEFENDANTS' PROPOSED POINT FOR CHARGE NO. 12 You are instructed that the Plaintiff must establish the nature and extent of her claimed \jl,,~(/';{kjuries were the result of some negligence on the part of the Defendant by competent medical..; J,:;) :J( \ testimony which is sufficiently definite to overcome any idea that is conjectural or a mere guess. Maliszewski v. Rendon, 542 A.2d 170 (pa. Super 1988); Griffin v. Tedsco, 355 Pa. Super. 475, 513 A.2d. 1020 (1986). -12. I '^ ,'"', 009' " '.,," "',';>-,;'';;'',,. k~ ",.,_",'..,.' ,.,""""-',,,. ,;'e" __,'I '. .' "I"',. "''''"m" 0.1_., ..,,' '~ .'0' . '".; '''''"''-,'~.~-'~~;JJ./~''');;;:'::;,:,,'';~,;~,;'' " 'i, :,,;,:',,;,,,,;,:,;~ ..' '., ":'f-'-:;:~ CERTIFICATE OF SERVICE I do hereby certifY that I have served a true and correct copy of the foregoing Proposed Points for Charge of Defendant Bradley J. Darbow on the following by hand delivery and addressed as follows: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, P A 17055 Attorneys for Plaintiff By: ~~ftb Brigid Q. Alford, squir Date: 4{JtI(O'?- -4 , "" . ,I.=..~,_L........ ' L" Ii!l!~~&~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, : Guardian of Rebecca Meredith, a Minor: Plaintiffs Civil Action - Law No. 2000- 6815 Civil Term Vs. Bradley J. Darbow Defendant Jury Trial Demanded J. ORDER AND NOW, this ~ day of April 2002, the Plaintiff's Petition for Approval of a Settlement for the Minor Plaintiff Rebecca Meredith in the amount of $1 ,500.00 is hereby GRANTED and that the following matters are ORDERED: a.) Plaintiffs' counsel's fee on the $1,500 settlement shall be one third of the aforesaid settlement, i.e. $500.00; b.) The Minor's net of the $1,500 settlement shall be $1,000; c.) That Eugene Burns the natural custodian of the Minor shall deposit the Minor's net settlement of $1,000 in a bank or a savings and loan association in an interest bearing account until the Minor shall reach her majority at which time he will provide the $1, 000 plus any interest accrued thereon to the aforesaid Minor. By the Court, Mf4 Cb~ /Yl~ .bJ 13.~, ~ <.f.-) '/_0-'-- 9- 'i/-e1S0~Ql\\1 G \lfel0 -W ~ KNJa.tA.e.r ~0 I J V ~rd-q--<B; ,_~~l~, _iM~" ,'. <' ~"' ~ ,.' ~ 1'1' I; , .,"',..., ....,--) 0'2. t\r!\"( L~J p~.\ L: , " ,.,r, .-, nl'\iJ' C' 1'1,'.".",' (',I"') C"" ,', Vl\ll!....'--;"" "" ?E~{NSYl'/!\i~\? ~"~"'~~ "- ""'~"..,..,'F-. ~>,,,,,~~,"'$'i"~~1"tjrfiE''''''';~'!l~'''f'''llh9H,m,W"~''l;:~W'',,"..-4~ l l.[i;:IWil'@",,--,p 1= , '"",,',-.,,'_<. -"'i ~ ''$>~ ~ " LORETTA BURNS and EUGENE BURNS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW BRADLEY J. DARB OW, Defendant NO. 00-6815 CIVIL TERM VERDICT [In this case Defendant concedes that his negligence caused the accident which occurred on October 8, 1998] Ouestion 1: Was Defendant's negligence a substantial factor in bringing about the harm to Plaintiff Loretta Bums? Yes No / If you answer Question 1 "No," Plaintiffs can not recover and you should not answer any further questions and should return to the courtroom. If you answer Question 1 "Yes," you should proceed to Question 2. Ouestion 2: (A) State the total amount of damages, if any, you fmd Plaintiff Loretta Burns sustained: TOTAL $ (B) State the total amount of damages, if any, you find Plaintiff Eugene Burns sustained for loss of consortium: TOTAL (F oreperson) << .~ ll_C CASE NO.: /5 /11-'>,TT" 8,UM/> ['.'1M'-- &'~"A DOCKET NO.: 0-0 - /oPts - " ,,,, .~ " c 6 8 9 10 i ] 12 13 14 i 5 Hi I 18 ]() :20 ~ 1 00 00 -,-) ),,1 -" ~6 ?-7 28 0"'.10 --" 30 31 A. .2. 9,'. ,~!l.tbJ!~_~_~~~-,__J~"',.. ~" ,~~,~,,^l:)~~~ (i0 , l\fllu<:h. Rich,ard C Jr ,~, ,~~~~,~,,~~i,;.Y~ 89 Cowell, WUIb1ID H J~:3 . Witt. K<mnet!l.~ l~L . SO~l1a,J.<:rrrF 't _ ,__:.,~~,m!7J~~~~f 83 CrollSe,!)anielE IT-( 12 ~h...lIc!UL. on _J21___~CJ!!.4!I'!!'V Cherrl.S 139 , CarmlleI<,Jd!!.(\}'sue 125_LiI1(\~Y,KlI.re!1.M 12l! SjJel!.~r, !>llllJ'CJn 137 yal'ller.J<lJlyt!,J 87 . .J.)l<:I1J..Th!V.!IIJI nGi~iel'5l1i.Y~I\iM. 74 LeTh..LCJ.!'!l.~J . l:3! uu>>a!~ll.il1l1a R.. '.I~...~al!la:d,.R!tlPJt.,JII------,-~ p.....,~.......,... 79 . .!><:rr. KO!1.llie R. Juror # Name m lIQ-- 54 82 A-Lj 129 fj.3 Ul .57 104 58 ,'W~~l~~_~~~ r > 'L .'1 -.I 1- ." "'1 L.,'- "'" , (11~':lli::!",' Am(llll.J:lllll:tL .. jlea~!!y,~everly B 1J~.~'y',-,J~~_ '__'_''~~'-,,~ft~,p, Stlluffer, PhyUis E Kori,l.ouis MJ.r... Hin!'tAllnie E 127 JoY,.J:B.J!lfOS.T. . ~.I ]Judge_ C1erl<lPn>th~_1 COURTROOM NO.: VS t.i, AAI,/J AfJ,J'(J<" DATE: 'I/.;l9/0.1- Random No. _I _._ _-.. IiIIl ((If -2131~m . -2050905781 -19m5o:z% . .1896127369 -174042l!8'l2 -1~277Jmll -1612l744115 -1466073999. -1385.@5()78 . -1:3Q32:3~8(il -1225358366 .927177250 -7~741247 -@jJll~1l .306182490 -24(i!l:31'7~ u... . .-1274223.4{i -37525399 AT? rff? ..;t;!~",~,~~ 154374,892 . Z~8l1!1.2<l2L u . 3J1}871869 3~3218Z91 4~l!576451 57<1884031 n7ROfinS5 1010l63.!l8fj 1010454311) 15~ll2~! -- , - \ 1~'HIB,J1.~,2 19901{i~JI} J ,"-"'.. / " ,l ~~ "I, , .1, ' ~ __''' I" , LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT AND EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BRADLEY J. DARBOW, Defendant NO. 00-6815 CIVIL TERM IN RE: MOTION IN LIMINE ORDER OF COURT AND NOW, this 29th day of April, 2002, upon consideration of Defendant's motion in limine regarding argument about and reference to soft tissue injuries, neck/cervical strain or whiplash, and injuries to Plaintiffs Sargeant and Meredith, it is ordered and directed as follows: 1. The motion with respect to reference to soft tissue injuries, neck/cervical strain or whiplash is granted to the extent that the Plaintiffs shall not present evidence of such injuries to plaintiff Loretta Burns without securing court approval prior to doing so based upon the record as it exists at that time; and 2. The motion with respect to injuries to Plaintiffs Sergeant and Meredith is granted pursuant to an agreement of counsel. . '~ ( ~' ~~ .'j,/iht., -' . " ~ ~.~~ '( .,.,"" "'" Oi'Tl F "I" PCV L c. r,J" \ " -/ ',:!,o: ?'] " . p~ " "'"1,",' ',:1 ''''''',,,It'11\1 1'11\"',"'1".]"-'(' >.-;"., , 1.1 !l,I"I! UV ,/.' '( "",,' '. ,,~, ~." c' fiEr~rjSYlVAt<:.", '" [I!!ll!,.~ " 'j'flll, .' ~, ~ ~fflR~,~r'~~W~'!lILttU,rr' .",""",,,~W;Jr~,.;,,,:">~PJ ~L_-L~ ~ " '" " ~ .\. David W. Knauer, Esquire For the Plaintiffs Brigid Q. Alford, Esquire For the Defendant :mae -,,1 '.hrt'~, By the Court, _ ~~ b-/3/1J2. .A. iP- I I ~"'Iv',' ", "~ 'n'_~",_ ..,'.",;"T"J~'_._:'" I -, ~ I,:,'" 'I':';," 'b~..;." ,~___ ;;.~",,' ;"',, ,:L:;- ~<7,_ ',.', = ',. '"' , . ~~ " LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARBOW, Defendant : JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE CASE AS TO PLAINTIFFS REGINA SARGEANT AND REBECCA MEREDITH ONLY TO THE PROTHONOTARY: Kindly index the file in the above-captioned case to reflect settlement and discontinuance as to the claims raised by Plaintiffs Regina Sargeant and Rebecca Meredith only. Respectfully su bmitted,' BY:&;/~~~J David W. Knauef,'Esquire Supreme Court ID #21582 Knauer & Associates, L.S.C. 411- A East Main Street Mcchanicsburg, P A 17055 (7] 7) 795-7790 Date: () 5- CJ~~ 0). , " , I . ,,~..., ~;'<-'" "' " +, .' ';,01"""",',,,,,: .~.~ ~~. ,~. ':""~'~',.;.-.' " 0'" ,c , , ~'.' ;~'~-r: r :r: t f . i: i' " n CERTIFICATE OF SERVICE i I: I, I, [: I: I: I') II , I; I' , i- ii " I do hereby certify that I have served a true and correct copy of the foregoing Praecipe to Settle and Discontinue by first-class mail delivery addressed as follows: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 I, 1 I. , i! By: d/~Cl5q) David W. Knauer, Esquire i: I: I [, Date: () S - (}f&, -(5 'J, 1 fi I: I, n i: I'i i m .... . ". ~'~1~mp ,J'~ """~,<'I '_',..,~ ~'" " <<, ,,"'~"'_ ,.;~, "';;"""~"~(';;"1i~"~;;". "'~ ,c,' '.~ .",to:~< "':,":, ""'() iT! ;: L" (:':1 ---:' r""'" <"'~ .' ~,.::.- ..--, ~~~) "--". :;:::: --{ -( '" " "'-" ,~ ~, ~ .,. c'; ?::~. '. '._J " .,-'T/ "-~ (...., _:'.) ': ~~(S , ---;-, ~.~~~ > ::n -< r:: :...., ()O .,'" 0" - '., ~,I ;. . ~."Ii~ : :,,;: ,~~",;:.-'~;,I:', '.', .,' ,",,,.,' ,~,,' " " ~ .r.;, .::..', _.~; rn:\home\bqa\litigat\statefi:m\darbow\praecipetoenterjudgment Draft #1 May 13, 2002 .. .. Jeffrey E. Piccola, Esquire Supreme Court 1.0. #18018 Brigid Q. Alford, Esquire Supreme Court 1.0. #38590 BOSWELL, TlNTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17]08-0741 Attorneys for Defendant Bradley J. Darbow ... LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs v. BRADLEY J. DARB OW, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2000-6815 Civil Term : JURY TRIAL DEMANDED DEFENDANT DARBROW'S PRAECIPE TO ENTER JUDGMENT ON THE VERDICT TO THE PROTHONOTARY: PURSUANT to Pa. R. C. P. No. 227.4, kindly enter judgment, in favor of the Defendant, Bradley 1. Darbrow, and against the Plaintiffs, Loretta Burns and Eugene Burns, upon the April 30, 2002 verdict of the Court following the jury trial held before the Honorable Wesley 1. Oler. I hereby certify that no timely motion for post-trial relief has been filed. Respectfully submitted, By: Date: May 14, 2002 \~02 d~ Brigi Q. Alford, Es 're J Supreme Court J.D. #38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street, Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 Attorneys for Defendant Darbrow - " ,,', ,~ '01,', k...: ""1',--" ,'" _'0' ;~"J~i , .. LORETTA BURNS, EUGENE BURNS, REGINA SARGEANT, and EUGENE BURNS, GUARDIAN OF REBECCA MEREDITH, a minor, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-6815 Civil Term BRADLEY J. DARB OW, Defendant : JURY TRIAL DEMANDED TO: LORETTA A. BURNS and EUGENE BURNS, PLAINTIFFS You are hereby notified that on May 14, 2002, judgment has been entered against you in the above-captioned case pursuant to the verdict of the jury. DATE: May 14, 2002 Prothonotary I hereby certify that the following is the address of the Plaintiffs stated in the Certificate of Residence: Loretta Burns & Eugene Burns C/O David W. Knauer, Esquire 4ll-A East Main Street Mechanicsburg, P A 17055 TO: LORETTA A. BURNS and EUGENE BURNS, PLAINTIFFS Por este medio se Ie esta notificando que el May 14, 2002, el siguiente Fallo ha sido antodo en contra suya en el caso mencionado en el epigrafe. FECHA: May 14, 2002 Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Loretta Burns & Eugene Burns C/O David W. Knauer, Esquire 4ll-A East Main Street Mechanicsburg, P A 17055 ~',,', :::",1/'" ~r;, "".' '>~" ~I.~',"',,~; , -,,",' .. CERTIFICATE OF SERVICE I do hereby certify that I have served on this date a true and correct copy of the foregoing Defendant Darbrow's Praecipe to Enter Judgment On the Verdict, on the following by first- class mail, postage prepaid and addressed as follows: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, P A 17055 By: ~~~ Brigi . Alford, Es . e Date: May 14, 2002 - ~' '." ""."""":,;,;,;",,,,,"'J;;'," " .... . - '"-',,.', .' ,,",,~-~-' >- . ~'" " ,,'." , .,~,,, ~--;':;' '-' "I"""",","':"I~'" , ~. """"'>j ". . ~ ~ P> (") 0 0 C N ~ ":-0 < " :!- v IT) :x --" [!lrn :r=- ~ C Z::rJ -< ';~:'~ip ~ 0 z'" ~gE3 ....... ~ ~};:. .~ A,J ,,-,\ j ~ ~ ~ ~C) ~~:~ C) j;;-. ~: ','" -'--'j ~ .0(') ~ (~:~ ~~ - ~ p- 1..;9 OfT! ~ '- " C W ~ ,:,..,) :::;':"~ ~ - ~- ;D Iv :0 -- -< .., ~ ~ BH , ~-'~ Iw" LA .I '"", ~= ~ ~ ~ ,"" ,~ -" ~. .' rm?@..'<i- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor Plaintiffs Civil Action - Law No. 2000- 6815 Civil Term v. Bradley J. Darbow Defendant Jury Trial Demanded PROOF OF COMPLIANCE WITH ORDER FOR MINOR'S SETTLEMENT 1. Your Honorable Court: a.) approved a settlement for the minor, Rebecca Meredith, in the amount of $1,500; b.) approved an attorney's fee of $500; c.) directed the Guardian to file proof of deposit into an account for the minor. 2. Plaintiff's counsel marks as Exhibit "An the deposit slip for the Guardian's account for the aforesaid minor in the amount of $1 ,000. ~ "~ I.," , ~ ~ " r ' ,~ ..~ ~~ "~~'~,~" WHEREFORE, the Guardian files this Proof of Compliance with Order for Minor's Settlement in compliance with the Order of Your Honorable Court. Date: July 2, 2002 David Knauer, Es uire Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ... '~>L.' 1~f1!~%~*1i~~~t~~tl~) ". ,.'~':'..:~,. :./:~./t/~ '/.. .:' ,'" ".'.' , *" 220 DEPOSIT CHECI<'B4 , 11:17 04 4626103 $1 ~OOO~OO 26jUN2002 $0.00 " " 5GSo-383li88 .' . 040(H)O.oOl.1611 '. This deposit or payment is accepted subject to verification and to th-e rules and regulations of this bank. Deposits may not be available for immediate withdrawal. Receipt should be held until verified with your statement. '.',.'; . .'. ~ ',<..:':' '.',';:.. .~ -'. . '. 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''';'.'"',;. ,'.: .'; .",.~ .... .,.,:' >";~'.,.~ ~ .~. ..'- c ~_I ....1 L J L l[;-~' G_*"""" IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA Loretta Burns, Eugene Burns, Regina Sargeant, and Eugene Burns, Guardian of Rebecca Meredith, a Minor , Civil Action - Law No. 2000-6815 Civil Term Plaintiffs V. Bradley J. Darbow Jury Trial Demanded Defendant CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 2nd day of July, 2002 serve a true and correct copy of the Proof of Compliance With Order For Minor's Settlement on all counsel of record by United States mail, first class, prepaid addressed as follows: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wiskersham 315 Nth Front St. P.O. Box 741 Harrisburg, PA 17108-0741 Q;jJJl,~ Attorney for Plaintiff Attorney LD. 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