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Home My WebLink About01-03762 ~-"', "",-;,,--':;," ,-"~~t #11 MAUREEN A. MUMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SUSAN J. HALE, Defendant NO. 01-3762 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 18th day of June, 2003, before Edgar B. Bayley, Judge, present for the Plaintiff was Michael J. O'Connor, Esquire, and for the Defendant, Daniel K. Deardorff, Esquire. This is a rear end collision case in which defendant admits negligence. Plaintiff claims general damages including an aggravation of a preexisting Bell's Palsy condition. Estimated time of trial, one and a half days. By t~t, / Michael J. O'Connor, Esquire For Plaintiff Daniel K. Deardorff, Esquire For Defendants prs ~~ '.'" ,l"'~"~!i1tr;f!I,-mjdmii:BMi~( '" i'~~lNii~~'1k,'M~~;i.~M~gtli1 ,-- ~ ,~.~= ~ ~>- ,~ ,"'~ ""O~,". ,',~ ~ ~ "~L...~. iJr ~', -;;;-, , "_h__ ~_ -~~""-"- ~~ ,_'~" ",_'''''''~'_~M,,".''';_'-^ (; F ri"'ir:;" 2- 0- S]F~- 55i;:-' f'0 ';':;IJ'"'' - ~ '~~"'. -.'" (~') G.J E:-:::: ,,;-~ u::) --:':J ~';;,: .:0 -< "~ - ~' ....~, - ,. ." -" '. ,""",j,. ,.,-,,,,,,,,;,,,,J MAUREEN A. MUMMA Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 01-3762 : CIVIL ACTION - LAW SUSAN J. HALE Defendant : JURY TRIAL DEMANDED PLAINTIFF'S POINTS FOR CHARGE Plaintiff, Maureen Mumma, respectfully request that the.Court deliver to the jury the instructions attached hereto. Respectfully submitted, ~{u 'c--- NlichaelJ.O'Connor,Esqurre Killian & Gephart 218 Pine Street P. O. Box 886 Harrisburg,PA 17108 (717) 232-1851 Attorney I. D. #76127 Dated: July 7,2003 Attorneys for Plaintiff .' ~" . ", ",~; c..'~ . ",I Plaintiff's Requested Points for Char~e No, 1: The Plaintiff claims that she was injured and sustained damages as a result of the negligent conduct of the Defendant. Defendant admits that she was negligent and that her negligence was the cause of the motor vehicle accident. Defendant also admits that her negligence caused Plaintiffs harm, however, Defendant denies the extent of harm alleged by Plaintiff. ~ ~ , Affirmed Denied Modified 1 - ~,~'~ '" ,'. -^" -;.:.",,' i ,.""J Plaintiff's Reauested Points for Charge No, 2: Since Defendant's negligence caused harm to the Plaintiff, you must then fmd an amount of money damages which you believe will fairly and adequately compensate the Plaintiff for all the physical and fmancial injury she has sustained as a result of the accident. The amount which you award today must compensate the Plaintiff completely for damages sustained in the past, as well as damage the Plaintiff will sustain in the future. Standard Civil Jury Instruction 6.00 / u Affirmed Denied Modified 2 "" , '~ "",' ." "',', " li :.fu.J:...;w;~,j Plaintiff's Requested Points for Charge No, 3: The damage is recoverable by the Plaintiff in this case and the items that go to make them up, each of which I will discuss separately, are as follows: a. Past and future pain and suffering; / Past and fu~l bills; and /...- V'vb ~-h~ Disfigurement. . ,Al'~-- , b. c. d, Past, present and future loss of enjoyment oflife. I I IL _L ~ t-~/",,"J--- Standard Jury Instructions 6.01. \' Affinued Denied Modified 3 0"-- ~~ ~. " ,- Plaintiff's Requested Points for Charge No, 4: The Plaintiff is entitled to be compensated in the amount of$400 which is for ~Cal e~s reasonably incurred for the therapy she received for treatment of her injuries in the past. An exhibit will be submitted to you, itemizing these costs, for your consideration during deliberation. Standard JulY Instruction 6.01A. AffIrmed Denied Modified 4 0'_';"- , J:'~!,,'I "-'";"< i1ilIil~",j Plaintiff's Requested Points for Charlle No.5: The Plaintiff is entitled to be compensated for all medical expenses which you fmd she will reasonably incur in the future for the treatment and care of her continuing injuries. Standard Jury Instruction 6.0lB. (f}Y/ .' AffIrmed ' Denied Modified 5 *, " " ,~ < ~, ~-~___rY,;1 Plaintiff's Requested Points for Charge No.6: The Plaintiff is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you fmd she has endured, from the time of the accident until today. Standard Jury Instruction 6.01E, vv/ AffIrmed Denied Modified 6 .! - <,. "' [ '..h:,j'J, , ~~_",J Plaintiff's Requested Points for Char~eNo. 7: The Plaintiff is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you believe she will endure in the future as a result of her injuries. ./ V " AffIrmed Denied Modified 7 , '--"",--" ',;' "'. ,'" ,-' .b!l('&.__,!}".,,1 Plai oints for Char e No.8: t which the Plaintiff sustained as a result of this accident is a separate item of d ages recognized by the law. Therefore, in addition to such sums as you award for pain and suffering and for embarrassment and humiliation, the Plaintiff is entitled to be fairly and adequately compensated for the disfigurement she has suffered in the past as a result of this accident, and which she will continue to suffer during the future duration of her life. Standard Jury Instruction 6.0lH. / c.. " Affirmed Denied Modified 8 ,__t, " '. ,^"',, "",,_~"'. C'"" -,1'" , "1!liMi;:~{~,d, Plaintiff's Requested Points for Charge No.9: The Plaintiff is entitled to be fairly and adequately compensated for past, present and future loss of her ability to enjoy any of the pleasures of life as a result of her injuries. ~. G .' Affirmed Denied Modified 9 '1 .,,", ~,~ Plaintiff's Requested Points for Charge No, 10: If you fmd that the Plaintiff's injuries will continue beyond today, you must determine the life expectancy of the Plaintiff. According to statistics complied by United States Department of Health, Education and Welfare, the average life exp cy of all persons of the Plaintiff's age at the time of the accident, sex and race s. This figure is offered to you only as a guide, you are not bound to accept it' Plaintiff would have lived longer or less than the average individual in her category. In reaching this decision you are to consider the Plaintiff's health prior to the accident, her manner of living, her personal habits and other factors that may have effected the duration of her life. Standard Jury Instruction 6.21. 1 ./ " Affirmed Denied Modified 10 , - .,- ,t -..",-,! Plaintiff's Requested Points for Charge No. 11: The Plaintiff is entitled to recover damages for all injuries which the Defendant's negligence was a substantial factor in producing. The Defendant's negligence need not be the sole cause of the injuries; other causes may have contributed to producing the final result. The fact that some of the factor may have been a contributing cause of an injury does not relieve a Defendant of liability, unless you find that such other cause would have produced the injury complained of independently of her negligence. Even though prior conditions or concurrent causes may have contributed to an injury, if Defendant's negligence was a substantial factor in producing the injury, Defendant is liable for the full amount of damages sustained, without any apportionment or diminution for the other conditions or Standard Jury Instruction 6.30. ~~ nM>V p~ ~ " v1 (,r causes. ,,' Affmned Denied Modified 11 -'",", " ' ~, ,;""..,-,",~ ' ~ ,," ",....~j,,1 Plaintiff's Requested Points for Charge No. 12: Defendant is not excused because the Plaintiff may have had a preexisting con which made her peculiarly susceptible to the injury of which she compl' In this action due to the July 26, 1999 motor vehicle accident; and, in arriving at your verdict, you are instructed that the Defendant takes the Plaintiff as she finds her at the time of the accident and you are not to deduct anything from the damages to which the Plaintiff is entitled because of her preexisting condition. Pavorskyv. Engles, 188 A.2d 731 (Pa, 1963). / t/ ,. Affirmed Denied Modified 12 I ^. ,,--, '~ ~;.,},I F:\flLES\DA T AFILE\State7550\Docwnent5\69. pfc lIajt Created: 04/11/00 02:07:30 PM Re.,jsed: 07/08103 11:56:42 AM 7550.69 MAUREEN A. MUMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v. NO. 01-3762 CNIL ACTION-LAW SUSAN J. HALE, Defendant JURY TRIAL DEMANDED DEFENDANTS' POINTS FOR CHARGE 1. For an individual to be held liable for the injuries of another, thatindividual's actions must have been a "substantial factor" in bringing about that hann. Restatement (Second) of Torts ~. Sections 431, 432. ~ c ~ 'ili'......'.--.. ~< ~- 0-" ". ~.~ ~ "",>;,:1 . 2. The burden is on the Plaintiff to show that her alleged damages and each element thereof were a result of the Defendant's actions. If you do not find her proof of damages to be credible, then you must reject those claims which have not been sufficiently proven. See P.L.E. Damages Section 151. ~vk-- L/ G -' '; "'~hJ: 3. An award for damages must be fair and reasonable and based on the evidence which you find to be credible, not on speculation, conjecture or guesswork. Giordano v. AC&S Inc., 446 Pa.Super 232,666 A2d 710 (1995). v L-/ l1i "",-' , !Ufw--*,~,I 4. Under the law in Pennsylvania, damages carmot be presumed and the mere possibility of future damages is insufficient proof. For future damages to be recoverable, it must be proven that they are reasonably certain to follow. See Greenburg v. McCabe. 453 F. Supp. 765 (B.D. Pa. 1978), affirmed 594 F.2d 854, U.S. cert. denied 444 U.S. 840; II P.L.E. Damages Section 25 (1970); 25 C.J.S. Damages Section 31 (1966). v~ ,~ J.:l!J[j.l:i;,illWi__J, 5. Damages for pain and suffering are compensatory in nature. That is, they are designed to compensate the Plaintiff for pain and suffering associated with her injuries, even though she has not suffered a financial loss as a result thereof. Pain and suffering is not intended to punish or penalize anyone, including the Defendant. ~ .,,:-'-- ,. "_le_ ,,,.%,,,,1 6. Any testimony, even if it is not contradicted, may be disregarded and rejected by you if you do not find it to be credible. Therefore, you are not bound by an expert's opinion merely because he is an expert; you may accept or reject is as in the case of other witnesses. Pa. Standard Jury Instructions Section 5.30 at P. 93. ~/ V '~, '~ " ""',, " ,,',"-",;,''' 0,'_ ....-~~b\!o!i,;j,1 7. this case: A witness who has special knowledge, skill, experience, training or education in a particular science, profession or occupation may give his opinion as an expert as to any matter in which he is skilled. In determining the weight to be given to his opinion, you should consider the qualifications and reliability of the expert and the reasons given for his opinion. You are not bound by an expert's opinion merely because he is an expert; you may accept it or reject it, as in the case of other witnesses. Give it the weight, if any, to which you deem it entitled. oc.....- MARTSON DEARDORFF WILLIAMS & OTTO By Daniel K. Deardorff, Esquire LD. Number 17837 Ten East High Street Carlisle,PA 17013 (717) 243-3341 fe- Attorneys for Defendant Dated: July 8, 2003 ,- , - , l' oh.;.W -;.,;.~.-"",,d '~"~~ . F:\FILES\DATAFILE\State7550\Documents\69,motlirolltde Created: 10f04l0001:54:03PM Revised: 07fOS/0312:4S:58PM 7550.69 MAUREEN A. MUMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3762 CIVIL ACTION-LAW SUSAN J. HALE, Defendant JURY TRIAL DEMANDED DEFENDANT'S MOTION IN LIMINE 1. On the first day of Trial, July 8, 2003, Plaintiffs counsel forwarded the attached special damages for lawn care, special massage chair, and massage therapy. 2. These were never listed in the Answer to Interrogatories which requested special damages. 3. These were not exchanged or listed at the Pre-Trial Conference. 4. Defendant is prejudiced and cannot properly investigate or document these alleged special damages at this late date. WHEREFORE, Defendant requests that Plaintiff not be allowed to present evidence on these special damages. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO By k, Daniel K. Deardorff, Esquire LD. # 17837 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorney for Defendant Dated: July 8, 2003 ,---".,"~ -. .,"~ . JUL-08-2003 07:31 I , I ~\ '~ ":;::)1 1 I 1,1 ..,",,~~ 'lI , KILLIAN & GEPHART j 'I . I i I : I..i V .j~ I 'I '~, .~~ ~ 1 '~: ~ . '(I 1,l;i ,~ {I~I' '~~I , ~1 J" 1 ,~: l' ",.,,;! ~, ,.i ~ 'I' 'J ~~ ~ ~~; .~! "I" ./.\:- I~ "~ '\I. ~ ~ '"' F! ~ i '~' I, "'Ii ',<<, 1 --:1 .~.~ ~. 1: ~ I ~i ."~: ~i ""I.~ ,~!~, ~ ~ I : J' ~ --1i ~ "+- ~ ' "j l ,Jt s .-: ~ ~ .; "j '1l .~ ::S.' 't' i,.!, ~ 1 ~ lJ ~ ~ ~,; :;,;,~ ~ ,~~~.: ''''1J- i~.iii'4'4'~'~-;tl' I I ! 'nt~! y 1 :,~i I >e. , 1 $......j .,~ ~ ': , I' I i I ,,~ '~"'I ' 1 ' I 'I ' Iii I 1 i I ' , i , i I , I .','; ,',: ,.'...' '., . . ':.: '~-:': ';". . \; . ~" ~=_~ . ,.l' l<" ~"""",,~, _""",~:,I 717 238 0592 P.02/05 ! I, I i I 1 1 I 1 oJ i .~ I , , "'l '-<:1 1 . j I I~ ~ I j ., };. ,..,~ , .. I I~ i ~ <(I , tJ I . I , .,. i ~ 1 ; , ~ tl i I~ ~ j' 1 ; I , i 1""':1' :~ ~ i i ' ...> , t;',~ I I 't'"';::j , ~ , ! I I .1 l ," I ! I i I I I 1 ,.I ::';. '::;",- . ',', . ',', '.' ." ":. ','. ,", '.' .'~=~. o.=~ .u ~ ~~,'~" . ~~.~ ""<lcll:..a'':'';i;'",'f~ JUL-08-2003 07:32 KILLIAN & GEPHART 717 238 0592 P.04/05 ~........\) 21-P6.;JS,[ 01003, .30 ~.,.".~ (~UM-" Lt~~J Cl+.....o ep(i-8" "I- v'HHc;l.{ t.~ST> -~- 16,1(., DO ') 1-:. 1,l..J 9,6 'roO .00 ) 1 ,J" ~oca C!;lu"'L., LAW.! e"~ -. rwuLC.J.I ~OO~ CitAD G-,.-lI.-A!m, MUW-l ,-1)0 1"-"\ LA 90 ,e L,,,J36 "t. I"l,q ~,';l_O) ., .;1,0'11'~ 7CJr!J.OO) , :;1.0>01 J..OO\ Q cc .'-L__ Ll'W-4 Cil,l'-C> GLlA~I~ 11oi81f'OO '~ 4 :J.'J.itf.6D 1QiJ.oO/ ' Bau.Gtl-H M f\:">5 f\;G,G: I H,s'1V" Cl+-f..1 to( ,,~,.... .;." ":;;>'-'V~ -f- l !+GLto n:, cl..J..:-r:\-J ~+6(,LS {E" jlAJ, AI UCt-0 S. Gii1c (pg'r-. Q0~" =- (560 .00 ~ (%b uJ 'NOOVSS.( Gr"w/'\(-r6 L{ 190. 00 ) L JUL-08-2003 07:31 KILLIAN 8, GEPf:iART .~~7 238 0592 ,P.03/05 , .. Quality Lawn Works, Inc. 7800 Wertzville Road Carlisle, PA 17013 . Invoice . E-----..--..... .._..r~._..-'-..--.-... ..' . , . , D$Ie.. ! .;'. Invoice # ,- .. --"---.-..~....~''t'.H.~---'-,., --..: 4/81200~ ' . : . 797 ; "'n'''' . ,-.:J.:.....:.~.."...."'.._..<....__"J :-~:;;~~:~~d.'-..----...,:~.= l I McchllIricsburg, PA 17050 i I ! i i '.. '....-----.,.-....,-- Quantity F~'O~~j - =~~~~_In -, :=_:=~-: I . Rat~ . l AmOUtH ". .""H.__._'____.__,." ..----.---__"__,,_,,._-.-_~...,'... ..~.-.._---'-l'."....'...- "....~.....u--....-..-1-.... ...'_,,_.....n_ CI.all OUt and edge beds, Spre.d lanbark. I' Description Labor 00.1: 80 man hours @ $20. per hr. 1,60"0.00 i , 28 yards of tanbark @ S 16. pc< yard PA Sales Tax 448.00 j" . 6.00% t ! i' , i 1.t>M.OOT: 44H.OUT : 122.88 , . I i I i I ! i , i i I i ., I }\!C:"> .f1 I ~,~~r . , " ('I .J"V~. , : II: I.,.. \1 q'" I q\c' . ..-." ..__u_ --------t-~~tal---:.--:;T;. ~2~;~~.:;-: I . - -.--------"- -- - . . -- -.- ---- - 'W. ~', .-...-"t.==~.?' . We appreciate your business. JUL-08-2003 07:32 KILLIAN & GEPHART 717 238 0592 P.05/05 . . Erin Barner, Certified Massage Therapist 66 "E" Street Apt. 3 Carlisle, P A ] 70] 3 (717) 243-4961 Date: Descri pti on: Charge: Procedure Code: !l09/0 1 1 HR. THERAPEUTIC MASSAGE $30.00 97124 1/23/01 1 HR. THERiJ'EUTIC MASSAGE $30.00 97124 2/08/01 I HR. THERAPEUTIC ~.;lASSAGE $30.00 97124 4/24/0 I I HR. THERAPEUTIC l'vlASSAGE $30.00 97124 5/03/01 I HR. 11'l'ERAPEUTIC MASSAGE $3().00 97124 5115/0 I 1 HR. THERAPEUTiC MASSAGE $30.00 97124 '. 5/31/01 1 HR. THERAPEUTIC MASSAGE $30.00 97124 6/12/01 ! HR. Tl,!ERAPEUTIC MASSAGE $30.00 97124 PERSON INSURED: Maureen Mumma 5 5 Gre~n Ridge Rd Mechanicsburg, PA 17055 CLAIM NUMBER: CAAO 11 0024(92) 10/01 . , c.P, 'C ' , ;;:)~vw~e...Q.. ,.0 :c;ty~~-"u:~:___ /) " " .,' , '.:' 'j.<.:::U~'~e.,.n."1.(.1-:..'..'I::::;-;..J-r:..~ ,'~iJ..';;..~d~( ~~,.t:;fL'<2. An';' /J., ,I ),_ " . rn..(.';~"'" -t:.t.~-' ,f ~~ '70 !'.....,~~~~..c.. ~.~~,4...~ 7" ...3 4~4-_ .,~11.''''''.,;!(~ Iliii ,: t./ . ~ ' r$t.. .rA-?~c.~~~4"'I~<C.,J.'::-:";'~r c'(;.~ . 6~"v'.' jk-~~~.:~~~ A.~:~-.~C~oZ" 7JP"""n-<., Do\. ,I/~ ' 06r:' '-0," DIAGNOSIS CODES: 8390 7233 723] 9057 VI ~.~.,c.~' (~~."J.i~, (,_)'1..':1 " . ~~, ",," ~'71 Therapist Signature:(=~~ (,I'~::;. .e., Social Security Numb€r: 174-62-2660 ,l- I C<' Ck '-,,',. :': " ~~..__.. --".-' -'" :}../iD" 7'cla...iL. ,._,.n. _ .. n p"" n s,'i Mi\:fl/l, , ' J:.Ns Co ,Oil:) ~or 'i~in-,.{~"(f2' -:"G::~:., '" TOTAL P.05 ,'- ~".~ .'~~ ~~-~ CASE NO.: 0/-:17 vA. j}1.. ..... - e K\o:-.... Vi": e ^, , A- DOCKET NO.: () I - .::J 7 " .J 81 Bigler, Martin J Jr 2 53 Christ, Jeffrey J 0 69 Kochan, Marianne M c) 4 42 Bell, Robin M 5 82 Rupp, Linda A 6 51 Baitsell, Sheri L 7 56 Samuels, Helen D 8 41 Wiser, Paula M ~ 62 Bennett, Peter H 10 78 Gavlick, Daryle R II 63 Karli, Frank J Jr 12 70 Shughart, Brenda M 13 52 Wise, John E 14 44 Day, Dennis A 15 61 Chronister, John 16 64 Baum, Kandace A ~j 54 Sullivan, Lori A 18 77 Madigan, Elizabeth R 19 72 Sgrignoli, Scott D 20 57 Newcomer, Kathleen A 21 84 Courogen, Chris 22 65 Elicker, Dana E 23 43 Lippert, Pamela S 24 55 Krausse, Kathleen A 25 49 Seidel, George H J r 26 80 Hartman, Heather 27 59 Smith, Heidi Ann 28 73 Davis, Robert B 29 74 Mader, James D 30 85 McMeans, David W Monday, July 07, 2003 ~~ " ~ vs Ht1../~_ ~ .'~ .-, - J ~~ _.~ .~. - ~ '. ~- ........ '~,' t"C":'" /"cc''''''l.br",,"ccc'''1 !_--~-~ COURTROOM NO.: t{ SQ..I,,- ../ ..:J . DATE: 7/7/ o_? , / -1943035484 -1724326071 -1610800308 -1577381401 -1533492779 -1121098141 -1056815116 -717258946 -611877056 -549731322 -484123071 -466256803 -189271704 -78641555 294906523 409565038 752539094 807474233 828533338 856415717 960458866 1096208983 1106751388 1175837343 1293356842 1394530575 1655816002 1851362771 1894350872 1907175435 Pagelofl .. " -~- ";"""-'" ;---!:iJ; __ "l " MAUREEN A. MUMMA Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3762 : CNIL ACTION - LAW SUSAN J. HALE Defendant : JURY TRIAL DEMANDED PLAINTIFF'S PRE-TRIAL MEMORANDUM I. Statement of Facts On July 26, 1999, Plaintiff, Maureen Mumma, was operating a 1994 Honda Accord and exited Route 15 South to Shiremanstown by using Ramp E. She stopped at the stop sign at the end of the ramp. She then proceeded to merge onto Simpson Ferry Road when she was rear ended by Defendant, Susan Hale. Defendant has acknowledged responsibility for the accident. II. Damages As a result of the rear end collision, Maureen Mumma sustained an injury to herneck, headaches, cervicobrachial syndrome, cervicalgia and recurrent Bell's Palsy. She continues to require treatment for her neck and Bell's Palsy which have improved since the date of the accident. The injuries have limited Ms. Mumma's ability to engage in several activities including gardening, housework/cleaning and playing tennis. Ms. Mumma has not sustained a loss of earnings as a result of her injuries. Ms. Mumma has certain outstanding medical bills for massage therapy to treat her injuries. ~"" < , "~" "-\-""~_r" , '-Ct , ~ . III. Statement of Issues as to Damages Defendant has questioned the relationship of the injuries sustained by Plaintiff to the accident. Ms. Mumma attended an independent medical examination scheduled by Defendant which was performed by Dr. Jason Litton on May 30, 2002. Dr. Litton stated that Maureen Mumma continues to have some neck pain resulting from her vehicle accident on July 26, 1999. She has discomfort, but she has no disability. Dr. Litton also stated that he was unable to address the Bell's Palsy problem with any expertise. IV. Issues of Evidence None. V. Witnesses A. Maureen Mumma B. Linda Henninger, D.C. (live testimony or by video deposition) C. C. Francis Janton, III, M.D. (video deposition) D. Ernest M. Josef, M.D. E. Camille Baughman, B.S., L.M.T. F. Susan Hale, as on cross. G. Plaintiff reserves the right to identify additional witnesses prior to trial. VI. Exhibits A. Deposition transcript of Susan Hale. B. Defendant's responses to Plaintiffs Interrogatories. 2 '. -, ~ '0. .~ .,,~<.' H -""';' :"1 \ ~ . C. Ms. Mumma's medical records including any and all records referenced by Plaintiffs medical experts. E. Ms. Mumma's transcript of recorded statement. E. Plaintiff reserves the right to identify additional exhibits prior to trial. VII. Settlement negotiations. Defendant offered $7,500 to settle this case. This offer was rejected by Plaintiff. Respectfully submitted, I((t~ Michael J. O'Connor, Esquire Killian & Gephart 218 Pine Street P. O. Box 886 Harrisburg, P A 17108 (717) 232-1851 Attorney I. D. #76127 Dated: June 12, 2003 Attorneys for Plaintiff 3 -~ ~." ~, "~ ~, _l. - ,"" .<';"'>l!;ir.''-ll'<lilliiJ. , ' .. CERTIFICATE OF SERVICE On this lL day of June, 2003, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, postage prepaid, addressed to: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PAl 70 13 KILLIAN & GEPHART Mich!:('~ Esquire 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 ^~~ ~ . ,-- Cl. ~".. . ",.LiJ F:\FILES\DATAFILE\State7550\Documents\69. ptml/ajt Created: 10104/0001:54:03PM Revised: 06/09/0310:07:46AM 7550.69 MAUREEN A. MUMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-3762 CIVIL ACTION-LAW SUSAN J. HALE, Defendant JURY TRIAL DEMANDED DEFENDANT'S PRE-TRIAL MEMORANDUM 1. STATEMENT AS TO LIABILITY: Plaintiffs vehicle was rear-ended at a low rate of speed by Defendant's vehicle on July 26, 1999, on a ramp that was merging onto Simpson Ferry Road in Lower Allen Township, Cumberland County. Defendant admits that she was negligent but denies that she caused all the damages alleged by Plaintiff. ,.,- II. STATEMENT AS TO DAMAGES: Plaintiff alleges ongoing neck symptoms, which are being treated by her chiropractor and an aggravation of her preexisting Bell's Palsy. Defendant will testify that Plaintiff denied injury at the scene of the accident and refused medical treatment at the time. Defendant will present a video deposition of Dr. Litton that Plaintiff is not restricted or disabled from the accident and needs no treatment. Plaintiffs medical expenses have been paid by anther source and there is no claim for wage loss. This is just a case for pain and suffering. III. ISSUES OF LIABILITY AND DAMAGES: (a) Defendant admits to negligence; and (b) the fair damages for Plaintiff s alleged pain and suffering. IV. ISSUES OF EVIDENCE None anticipated. V. WITNESSES: (a) Defendant; and (b) Dr. Litton by video deposition. ,];W.........~,.,." ,_, _. VI. EXHIBITS: Medical records referred to by Dr. Litton. VII. NEGOTIATIONS Defendant has offered $7,500 to settle the case. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO By Daniel K. Deardorff, LD. # 17837 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attomey for Defendant Dated: June 9, 2003 ~ - ,,[, ~~-"-~ ~ ~< ~~~ - " -,-- '~""'-'.""" . , , , i l..JJl""'N,1 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Pre-Trial Memorandum was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Michael J. O'Connor, Esquire KILLIAN & GEPHART, LLP 218 Pine Street P.O. Box 886 Harrisburg, P A 17108 MARTSON DEARDORFF WILLIAMS & OTTO By ~ia U'wv~ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: June 9, 2003 , "l -"; , "LJ ,-" -'''If!!Wrilih,1 MAUREEN A. MUMMA 55 Greenridge Road Mechanicsburg, P A 17055 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. ~NO. OI-.~"7".2 G~~[ 7-~ : CIVIL ACTION - LAW SUSAN J. HALE 422 Brookview Court Mechanicsburg, P A 17055 Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND 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 Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 , L . , .. ;. ' ~ ,,, " qq, ,- 'ii.:A MAUREEN A. MUMMA 55 Greenridge Road Mechanicsburg, P A 17055 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- 8'7(,:1.. ell"'/ I'e.",'", : CIVIL ACTION - LAW SUSAN J. HALE 422 Brookview Court Mechanicsburg, P A 17055 Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, MAUREEN A. MUMMA, by and through her attorneys, Killian & Gephart, LLP, and does hereby file this Complaint against Defendant, Susan J. Hale, and in support avers as follows: I. Plaintiff, Maureen A. Mumma, is an adult individual currently residing at 55 Greenridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Susan J. Hale, is an adult individual currently residing at 422 Brookview Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On July 26, 1999, at approximately 2:00 p.m., Plaintiff was the operator of a 1994 Honda Accord, Pennsylvania Registration P AC719, and had exited Route IS South, to Shiremanstown, by using Ramp E. 4. Plaintiff stopped at the stop sign located at the end of Ramp E. 5. Plaintiff then proceeded to merge onto Simpson Ferry Road when she was rear- ended by Defendant. ~ , , i. - i-~: ~ 'l ,,,j , .llI iAj 6. Immediately prior to the accident, Defendant's vehicle was located behind Plaintiffs vehicle on Ramp E. 7. Defendant failed to stop at the stop sign located at the end of Ramp E thereby causing the collision to the rear of Plaintiffs vehicle. 8. At the time of the aforementioned accident, Defendant was operating a 1995 Dodge Neon, Pennsylvania Registration BDJ7765. 9. The aforementioned accident was caused by the carelessness, negligence and/or recklessness of the Defendant and was in no way caused by the Plaintiff who was acting in a prudent and lawful manner at all times. COUNT I MAUREEN A. MUMMA v. SUSAN J. HALE NEGLIENCE 10. Plaintiff hereby incorporates paragraphs 1 through 9 as though fully set forth herein. 11. The aforementioned accident and consequent injuries sustained by Plaintiff were caused by the carelessness, negligence and recklessness of Defendant including the following: a. Following Plaintiffs vehicle too closely in violation of75 Pa. C.S.A. 93310. 2 I,j . _". __J ..-..1 b. Failing to operate Defendant's vehicle at a safe speed thereby violating the assured clear distance rule stated in 75 Pa. C.SA ~ 3361. c. Failing to stop at a clearly identified stop sign in violation of 75 Pa. C.SA ~ 3323(b). d. Failure to be attentive to the traffic conditions surrounding Defendant. e. Failing to take proper precautions in the operation of Defendant's vehicle so as to keep it under proper and adequate control at all times. 12. As a result of the aforesaid negligence of Defendant, Susan 1. Hale, Plaintiff sustained personal injuries including, but not limited to, cervical strain, cervicobrachial syndrome, cervicalgia and recurrent bells palsy. 13. As a result of the aforesaid accident and injuries sustained by Plaintiff as a result of the negligence of Defendant, Plaintiff has sustained, or will sustain the following damages all of which are claimed herein. a. Past and future pain and suffering; b. Past and future loss oflife's enjoyment; c. Loss of income; and d. Reasonable and necessary medical expenses. 3 -~~ , 1 ~," , ,"""""""".._<1 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against Defendant in an amount in excess of $25,000 plus costs and fees and such other relief as this court deems just and proper. Respectfully submitted, Dated: June l~ 2001 f-(trr~ J. Paul, elvy, Esquire Attorney I. D. #53148 Michael J. O'Counor, Esquire Attorney I. D. #76127 Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorneys for Plaintiff 4 .;,-- _I .. ~~ ~~--~;;~ VERIFICATION I hereby verify that the statements of fact made inthe foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. GIt~dJ/~ Maureen A. Mumma ;ii~.Hiiijdbiinii&llillllll&'i,!iblMia!j~"t'hjII!lWin'j\,~~ikJI.~)jjMin'p;:filiil;m;!1f_~jt>lt~~'iiimiii~>#.~f-"'.iMl'il1Oiiti;i:U~ii;jMi-J;~,j1~r,.''',"?*~\illl1lOi'l.n' <",,~"', ;-'~ '''"''''Hlr'~~ AI ,I II :1 !I II I ,I :1 , . (') c:::- c: ~ ~ 4 -6q. :'::0-" -or..:._' ..- S rnn- ._,,,. g ~-),' fi- h 7'(" & en co -< 8 ~ r.::: .~n ~ ~c:; ........ I s:;~3 r:- ....... -() t ;::: W ::< :::.> fa ~ ~ f0 ~ ~ c; 1 j ~ ... -~~ ,.._,^' ' ~" - ...' ~-, p.,. -, ~-, " :' ~- " ,'. llii.li.r.tk_;J F:\FILES\OATAFILE\STA TE,DOC\69-ans, l/ajt Created: IO/04/000L54:03PM Revised: '(J7/1110111:4~:08AM 7550.69 MAUREEN A. MUMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3762 CNIL ACTION-LAW SUSAN J. HALE, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO: MAUREEN A. MUMMA, Plaintiff and her attorneys, J. PAUL HELVY, ESQUIRE and MICHAEL J. O'CONNOR, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MY BE ENTERED AGAINST YOu. 1-2. Admitted. 3-13. Denied. Generally pursuant to Rule 1029 (e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant demands judgment in her favor against the Plaintiff. NEW MATTER 14. By her actions, Plaintiff was comparatively negligent and assumed the risk of injury. 15. Plaintiff is not entitled to plead, prove or recover damages covered by the Pennsylvania Motor Vehicle Responsibility Act. WHEREFORE, Defendant demands judgement in her favor against the Plaintiff. MARTS ON DEARDORFF WILLIAMS & OTTO ~ By Daniel K. Deardorff, Esquire LD, # 17837 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: July 11, 2001 Attorney for Defendant "~~ ~ 'w,1 VERIFICATION DANIEL K. DEARDORFF, ESQillRE, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Susan J. Hale in the within action, certifies that the statements made in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. -,om, _. .j" ". . ..'" c. ~, ~-,I CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: J. Paul Helvy, Esquire Michael J. O'Connor, Esquire KILLIAN & GEPHART, LLP 218 Pine Street P.O. Box 886 Harrisburg, P A 171 08 MARTS ON DEARDORFF WILLIAMS & OTTO By CUw ~ 01A~_ Ami J. Thu ma , Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: July 11, 2001 .'..-" , >. ~-J F:IFILESIOA T AFILEISTA TE.DOCI69-pra.2/ajl Created: 10/04/0001:54:03 PM Revised: 01/19101 021013PM 7550.69 MAUREEN A. MUMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3762 CIVIL ACTION-LAW SUSAN 1. HALE, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please replace the Verification of Daniel K. Deardorffwith the attached Verification of Susan J. Hale on the Answer and New Matter of Defendant, Susan 1. Hale. MARTS ON DEARDORFF WILLIAMS & OTTO wJ v. (j Daniel K. Deardorff, Esquire LD. # 17837 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorney for Defendant Dated: July 19,2001 -- ~" ~_"l VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. O!:AAA4J4A 1 ~ ff sanJ.Hale ~ ,,-. , I -, ~ ,. , 'j ~, ,-,' ili';'- . bii.~ . , L CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: J. Paul Helvy, Esquire Michael J. O'Connor, Esquire KILLIAN & GEPHART, LLP 218 Pine Street P.O. Box 886 Harrisburg, PAl 71 08 MARTS ON DEARDORFF WILLIAMS & OTTO BY~~ Ami J. Thu a Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: July 19,2001 'l<""-~'~~'-' . ~~ I j 1,_, m___"""'""~"",",,,,".1 SHERIFF'S RETURN - REGULAR CASE NO: 2001-03761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS BROOKS DIANE L ROBERT FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BROOKS DIANE L the DEFENDANT , at 1930:00 HOURS, on the 10th day of July , 2001 at 209 FIRST STREET SUMMERDALE, PA 17093 by handing to JAMIE ALDINGER, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.40 .00 10.00 .00 38.40 r~--~~ R. Thomas Kline Sworn and Subscribed to before IV me this 1'1 ~ day of 04 :2ho/ A.D. ~Q~,~' r thorrbtary 07/11/2001 LOUIS VITTI ~~~~~ Dep S eriff By: ~'. ~ 4;c SHERIFF'S RETURN - REGULAR CASE NO: 2001-03762 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MUMMA MAUREEN A VS HALE SUSAN J GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HALE SUSAN J the DEFENDANT at 1801:00 HOURS, on the 29th day of June 2001 at 422 BROOKVIEW CT MECHANICSBURG, PA 17055 by handing to KENNETH GUMMO, BOYFRIEND WHO LIVES WITH HER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 10.00 .00 34.82 So Answers: ~~~<t:~~ R. Thomas Kline 07/02/2001 KILLIAN & GEPHART Sworn and Subscribed to before me this .?3d day of BY~.R~/~~ . Deputy Sh iff ~, duo I A.D. (kg, a.~#. t? thonotary .'" ,", I ~ ~"'""",.~.k'~i PRAECIPE FOR liSTING CASE FOR TRIAL (Must be typewritten and submitted in duplicatel (Check onel (x for JURY trial at the next term of civil court. () 0 ,..., c W ,-.I ,1 ;;;:: "- -at)) :... ::D mFl z Z.J.} .. m~~ ."-..> _.~,' rTj -'=;0 N "'1 ::S 4," '_Yu r: c-' ::;:t7T, '< -' a:: ~(') ,-~~ ~ ";;:~ 53 S' 15, -<, ~ C- )0- N ~ TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for trial without a jury. . CAPTION OF CASE (entire caption must be stated in fUll) (check one) MAUREEN A. MUMMA, Assumpsit Trespass (X Trespass (Motor Vehicle) (other) (Plaintiff) vs. SUSAN J. HALE, The trral list will be called on April 1, 2003 and Trials commence on April 28, 2003 IOefenaanll Pretnals will be held on April 9, 2003 (Briefs are due 5 days before premals.1 vs. (The carty listing this case for trial shall provIde forthWIth a copy of the praecipe to all counsel. pursuant to focal Rule 214-1.1 Civil 01-3762 .19 ____ No, Indicate the attorney wno w.lltry case for the carty who files this praecIpe: Daniel K. Deardorff, Esquire, Ten East High Street, Carlisle, PA 17013 InOlcate tnai counsel tor otner parties It known: -----.-------- -- Michael J. O'Connor, Esquire, 218 Pine Street, P.O. Box 886, Harr~rg, PA 17108-0886 This case IS reaov for trial. [:2---.-- --- Signeo: SJJ.J-f Daniel K. DeardOr~qUire P"nt Name: ~" -- I. . _, __~ =,""",,,,,,,,,,,.,,,,_,,,,,,,;j F:\FILES\DAT AFILElState7550\Documents\69, pra2!ajt Created: 10104l0001:54:03PM Revised: 03/25103 08:12:42 AM 7550.69 l MAUREEN A. MUMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3762 CIVIL ACTION-LAW SUSAN J. HALE, Defendant JURY TRIAL DEMANDED PRAECIPE TO REMOVE CASE FROM TRIAL LIST TO: THE PROTHONOTARY OF CUMBERLAND COUNTY: I hereby withdraw my Praecipe listing the above case for the upcoming Civil Trial Term commencing April 28, 2003. MARTS ON DEARD RFF WILLIAMS & OTTO By \Q & Daniel K. Deardorff, Esquire LD. # 17837 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: March 25, 2003 Attomey for Defendant " ~, -, ,,,;,,",,~_,,,,",.-,I CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Marts on Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Michael J. O'Connor, Esquire KILLIAN & GEPHART, LLP 218 Pine Street P.O. Box 886 Harrisburg, P A 171 08 MARTS ON DEARDORFF WILLIAMS & OTTO BY~~ ~ AmiJ. Th a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 25, 2003 .,-"_. o,~.~ _, I.. J 1_ .-- , ] ",. r\ \- \ \.e...-. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MAUREEN A. MUMMA, Plaintiff SUSAN J. HALE, Defendant 01-3762 CIVIL TERM Before: Edgar B. Bayley Date: July 7, 8, and 9, 2003 Attorneys: Daniel K. Deardorff and Michael J. O'Connor LIST OF EXHIBITS FOR THE PLAINTIFF 1. Massage therapy records 2. Claimant's report of accident 3. Videotape of Dr. Janton 4. Transcript of Dr. Janton 5. Massage therapy records FOR THE DEFENDANT 1. Transcript of Dr. Litton 2. Videotape of Dr. Litton Exhibits given to Court Administrator's Office to be put in vault* i ~~iWSk"<t'ili,~"n;;,_"""~w>,,,,~ i~"",,~~',.lli',_ld~"i'i:IMI!I>lt;);,.t,,\''J~''.' _ "._'"t"M..-<-.,oi;J:ll""".,';J~iafi~ill!iilfillj~r- ]J(jji;;1 " '1 ..d'""'~'~~'~I!;l;~"""" "~ (') ~; '" -UeO mn'~ Z_., _L' Zl (j)-' c<: )0'. ~~~~ :':::i -< o 0) (". c::; \- () -~ .:;t . ~C:i ~~ ~"""::'.P:~ ,"'--' -:>~~ - ~:'- ---r-1 ",Jt5 -."~(Ti u .._.1 ~~ ~ :r.:f:. :t: q? :,.:) ...J ;; ~. . -., c.J.'_ ,- ~~~i; ~ :L . .. ~ . . MAUREEN A. MUMMA, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. SUSAN J. HALE, DEFENDANT 01-3762 CIVIL TERM VERDICT QUESTION 1: Do you find that defendant was negligent? YES X NO Defendant admits negligence so you should answer this question "Yes." QUESTION 2: Was defendant's negligence a substantial factor in bringing about plaintiff's harm? YES f-.. NO If you answer "Yes," go to Question 3. If you answer "No," plaintiff cannot recover and you should not answer any further questions and should return to the courtroom. QUESTION 3: If you answer Question 2 "Yes," state the total amount of damages that you find plaintiff sustained as a result of defendant's causal negligence. DATE: July 0 Woo / FOREMAN $ 3 5"00" (JO g// 8.::/ TOTAL ..... '-.....---'- .-\.n 0..",3. WQC-:' ~ 1r-e,e; -\-bn .::tt:.5 CJXls\ JlLr _Q..+::'yQ /lSQ..o .. n c.v\ -ed... '\C\ C)v\... ~.\~ Q,.JY\O\.Ai\+ P . ". J.o we- ~ c9~~ ~ --'"""'",,,""~ ~ ,. ~ "~.~~ CASE NO.: 01-.1 7{,.:J.. /YJ (. ~ N\..t:ll..... , tYJ.-. (.. Vto IP ^' co=~r SC<-J'c.../Y" X / ...1 ~ VS ff/J t.. . DOCKET NO.: 0 1- .3 '7 E>,;l- DATE: 7/7/0.7 81 Bigler, Martin J Jr -1943035484 ~ 2 53 Christ, Jeffrey J -1724326071 1 Ii~ - - . , [,!-.._.J 11.1 -1610800308 4 42 Bell, Robin M -1577381401 5 82 Rupp, Linda A -1533492779 @5 6 51 Baitsell, Sheri L -1121098141 7 sa - 1,11 LhD -1056815116 (H -717258946 9 62 Bennett, Peter H -611877056 (j]) 10 78 ~ r 1 ~ Tl~R -549731322 II 63 Karli, Frank J Jr -484123071 70 Shughart, Brenda M -466256803 -189271704 44 Day, Dennis A -78641555 15 61 Chronister, John 294906523 16 64 Baum, Kandace A 409565038 I, ~ u. ,.... .11..,~ !-J1"\ 752539094 18 77 Madigan,Elizabeth R 807474233 ~4~ .! - .....M.J.J.M.LL~ll, k G:n~ 828533338 20 57 Newcomer, Kathleen A 856415717 21 84 Courogen, Chris 960458866 @ 22 ....1 L _ ,l!! IJ' 1096208983 @~3-' Aj 1.1,J.(.nl, Pan.da g 1106751388 24 55 Krausse, Kathleen A 1175837343 25 49 Seidel, George H Jr 1293356842 26 80 Hartman, Heather 1394530575 27 59 Smith, Heidi Ann 1655816002 28 73 Davis, Robert B 1851362771 29 74 Mader, James D 1894350872 3D 85 McMeans, David W 1907175435 Monday, July 07, 2003 Page 1 of 1 -:" .-~ ~t,.,->-~<~.i .~ _ d~-~ MAUREEN A. MUMMA Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3762 : CIVIL ACTION - LAW SUSAN J. HALE Defendant : JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned action settled, discontinued and ended. Respectfully submitted, /-1 ~~ Michaer], O'Connor, Esquire Killian & Gephart 218 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney 1. D. #76127 Dated: July 29,2003 Attorneys for Plaintiff ,~, , ~~.i"',,~ -- ". -I.-.~ _. ~ I[ () 0 ~ C W s: '- :l! -00:,\ c:: ~m r- =,~~ ~. Z~: w :D ro.., ~~(~ ~'C~ .TJ'i> ~..,.. ;c ;-~:ri ~C ::.c :'s;(') J>C '-!? ;::srn c .--1 -'';;'- I'\) 'lo_ ~. Xl -~ -c' 0-. -< ~. - J' .-. , ~ ~~~'" ~"",---I PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewrillen and submitted in duplicatel TO THE PROTHONOTARY 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) Assumpsit Trespass ( X) Trespass (Motor Vehicle) MAUREEN A. MUMMA, (other) (Plaintiff) vs. The trial list will be called on June 10, 2003 and Trials commence on July 7, 2003 SUSAN J. llALE, (Defendant) Pretnals will be heid on June 18, 2003 (Briefs are due 5 days before premals.) 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.01-3762 Civil 2j)QJ Indicate the attornev who will try case for the party who files this praecipe: Daniel K. Deardorff, Esq. MARTSON DEARDORFF WILLIAMS & OTTO, Ten East High Street. Carl~PA 17013-__ Indicate trial counsel for other parties If known: Michael J. 0' Q.Qnnoh.,J?ll.<l..________ KILLIAN & GEPHART, LLP., 218 Pine Street, P.O. Box 886. Harrisbp~EA--1]~___ . .------.------------ This case IS ready for trial. Signed: ~i-~/~ Print Name: Daniel K. Deardorff. Esquire ~l 0 C' -, C" (:.,.) (j'i -:'.:1::. " --\.J n I p :-::: ~" :z ;"-,,) (;) P,) ~~ ~ " , .' " ; ~ T. ~7\'- , :!J );2; ~~-) r~,,-' ill Z 0,} -., -< '"