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HomeMy WebLinkAbout01-04430DARLENE BEASTON and RICHARD BEASTON, Plaintiffs v. KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW IVO.O1-4430 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 19. It is admitted that the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law apply. 20. It is admitted that Plaintiff sustained serious orthopedic injuries in a motor vehicle accident that pre-dated the accident involving the Defendant on July 7, 2000. However, Plaintiffs have pleaded in their Complaint that the subject motor vehicle accident involving Defendant Spangler aggravated, exacerbated, and activated Plaintiff Darlene Beaston's pre- existing condition. WHEREFORE, the Plaintiffs respectfully request that the Defendant's New Matter be dismissed. Date: ~~~~ 235336.I~DLUMTG ANGINO & ROVNER, P.C. DavidT,. Lutz LD. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 Attorney for Plaintiffs i CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the AMENDED COMPLAINT upon all counsel of record via postage prepaid first class United States mail addressed as follows: John A. Statler, Esquire Goldberg, Katzman & Shipman 320E Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant ~' t 1~1 sets Dated: ~ ~ ~~ ~'~ ` 2363361~DLUMTG <~ ~. c ~' ~- - ; `' ~-= _, .°. =< : ~: ~- ~~~~ DARLENE BEASTON and RICHARD BEASTON V. KIMBERLY SPANGLER IN RE: ARBITRATION PANEL IfV THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4430 CIVIL TERM ORDER OF COURT AND NOW, April 9, 2002, the Court having been informed that Thomas Bright, Esquire, is unavailable for the above-captioned arbitration hearing, Susan Hartman, Esquire, is appointed in his stead. By the Court, Ge P.J. Marlin McCaleb, Esquire Chairman Court Administrator to ~#~~ci~r5~r?~ ~hsr#, ! i~~r~ ~~~st~ s~:t my ha€td a~3 tho i a~# sair~ i~t~rt ~t ~~rli~l~, Pa. ~ tai ~ 9 ~' ay o#~. ~° .~' c ~ 12~. DOw Proth®nutary ~. , DARLENE BEASTON and RICHARD BEASTON, Plaintiffs v. . KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 01-4430 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the undersigned Board of Arbitrators, appointed by the Court in the above-captioned case, will sit for the purpose of their appointment in Cumberland County in the Law Offices of Marlin R. McCaleb, at 219 East Main Street, Mechanicsburg, Pennsylvania, on Thursday, May 16, 2002, at 9:30 o'clock A.M., at which time and place you may appear with your respective clients and your witnesses to present such evidence and testimony as you may have in the case. Thomas L. Bright, Esquire Thomas A. Capper, Esquire By: ~° (.S~G~ Marlin R. McCaleb, Chairman Board of Arbitrators April 5, 2002 TO: David L. Lutz, Esquire Attorney for Plaintiffs John A. Statler, Esquire Attorney for Defendant LAW OFFICES MARLIN R_ McCALEB Darlene Beaston and Richard ~_ Beaston vs. Kimberly Spangler IN THE COURT OF COPlMON PLaAS OF CUMBERLAND COUNTY, PENNSYLVAtdIA N0. 01-4430 CIVIL TERM 1~&X RULE 1312-1, The Petition for Appointment of arbitrators shall be substantially in the following form: PETITIOAT FOR aPPOINTPII'NT OF ARBITRATORS TO THE HONORAELE, THE JUDGES OF SAID COURT: David L, Lutz, Esq, counsel for the plaintifi'~p~t~ in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (arej at issue- 2. The claim of the plaintiff in the action is $ unliquidated The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitra*_ors: David L. Lutz, Esquire and John Statler, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitte3. cc John Statler, Esq. 1)Date: 3-14-02 Respe tfully submitted, David L. u z, Esq. ORDER OF COURT AND .TOW, ~lliLP.~ /~' ,..1 ~in consideyr/ation of th/e foregoing petition, T /n~~ ~~~~_~ Esq., //~.sr,~2~/~if~ ~~~ Esq., and ~//yy!%/.L~ ,Esq., are appointed arbitrators in-the above-captioned action (or actions) as prayed for. By the Co P. J. .~. ,. ~ ~ ~? \ ~ o ~ ~ ~ ~_ ~ ~ ~' ~~ -_ R ) 1 Ti y l "' I ~A I.L. ~ L .~ tL'; _ .~ 2 ~ . ~ ~ ~ e - ~ ~ .; F ,t_~n~~, , , ,,~,> ~ .^ M ~~ ~~ ~ ~%1~'_~,~.,_r .~ _. __ ., ,..r ,_ Toles A. Stotler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN 8c SHipMAN, P.C. 320 Market Sheet P.O. Box 1268 Ilarriaburg, PA 17108-1268 Telephone: (717) 234161 Attorney for Defendant DARLENE BEASTON and RICHARD BEASTON, Plaintiffs v. KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-4430 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISTTE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoena, with a copy of the subpoena. attached thereto, was mailed or delivered to each party. Counsel for the Plaintiffs has waived the twenty-day notice period on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate; 3) No objection to the subpoena has been received; and 4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. By: John A Stat ire Attorney I.D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: i Z r 1 3 ~ 0 ~ Telephone: (717) 234-4161 John A. Statler,Esquire Attorney L D. No. 43812 GOLDBEHG, ICATZMAN & SHIl'MANJ, P.C. 320 Market Sheet P.O. Box 1268 1lanisburg, PA 17108-1268 Telephone: (717) 234161 Attorney for Defendant DARLENE BEASTON and RICHARD BEASTON, Plaintiffs v. KIlI~IBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OI-4430 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: DARLENE BEASTON and RICHARD BEASTON, Plaintiffs c/o DAVID L. LUTZ, ESQUHiE Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendant, Kimberly Spangler intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ,- John A. Statler, Esqu' Date: (~. ~/ 3 ~ () ~ Attorney for Defendant OptMiJNWFALTH OF PFSIIdSYLVANIA 00@7I'Y OF C[R~i~ID DAREENE BEASTON and RICHARD BEASTON, . Plaintiffs v. ei_ KIMBERLY SPANGLER, ' Defendant - File No. 01-4430 Civil Term SUBPOENA TO PRODUCE DoWMENTS oR THINGs FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE HOSPITAL, PSYCHIATRIC DNIT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all psychological records, psychiatric records, inpatien psyc records, P:0. Boa 1 (4ddress) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of oorrpliance, to the party making this request at the addrzss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order arrpeltin9 You to fly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAhE: John A. Statler, Esquire Goldberg, Katzman .C. ADDRESS: ~0 M~rkPr crrner P.O. Boa 1268 ~~~_ jZ]nR-1268 TELEPHOfdE: (717) 234-4161 SUPREh1E OOURT ID # 43812 ATTORNEY FOR: Defendant Kimberly Spangler BY TFiE OOURT: Prothorwtary/Clerk, Civil Division GATE : _ Seal of the Cou^t Deputy (Eff. 7/97) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~ 3 ~ day of ~Q C_pyy~ ~y , 2001, addressed to the following: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: John A. a er, Esquir Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Hamsburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Kimberly Spangler fl " ~:- ` -k^' 1 ~ ~ 1' ~ - ~ (O _~ r '~ E" r ~~ , r ~ ~ _ ~_ .,T `~ -`-{ J -~ t:- S' ~~1 I John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & 5HIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 23414161 Attorney for Defendant DARLENE BEASTON and RICHARD BEASTON, Plaintiffs v. KIMBERLY 5PANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-4430 CIVIL TERM 7URY TRIAL DEMANDED CERTIFICATE PREREQUISTTE 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, Defendants hereby certify that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; 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 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. By: - 7ohn tatler, ire Attorney I.D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: ~ f ~/ /Q ~ Telephone: (717) 234-4161 John A. Statler, Esquire Attorney L D. No. 43812 GOLDBERG, KATZMAN & SfiIPMAN, P. C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234161 Attorney for Defendant DARLENE BEASTON and RICHARD BEASTON, Plaintiffs v. KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4430 CIVII. TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: DARLENE BEASTON and RICHARD BEASTON, Plaintiffs c% DAVID L. LUTZ, ESQUIRE Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendant, Kimberly Spangler intends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. BYC V JN`\ --'11--. John tatter, Esquire Date: ~' ~ S- ~ ~ ~ Attorney for Defendant Cph4)oNWII1I1IYi OE PENNSYLVANIA OOi1N1R OF COt~II2TA1•ID DASLENE BEASTON and R1cHARD BEasTDN, Plaintiffs File No. 01-4430 Civil Term v. RII4BERLY SPANGLES, Defendant SUBPOENA TO PRODUCE DOCtIt~NTS OR THINC)S FOR DISCOVERY PURSUANT 70 RULE 4009.22 T0: Person OI' Erit Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunectts or things: Conies of all Emergency Room records, hospital records, office records, office notes, a-ray reports, radiology reports, MRI reports, consultation reports, a result§; opera ive recor s, ai3•-otiier-'tecords pertaa~iag t0 tie Fare mn,l tr°atmnnt of nARTFN1i RFASTf1N _ at Goldberg, Katzman ~ Shipman, P. C., 320 Market Street, P.O. Boa 1268, Harrisburg, PA 17108-1268 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpxna, together with the certificate of cary>liance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docments or things required by this subpoena within twenty (20) days after its service, the party serving this subpoe:'~a may seek a court order ~ampellirg you to crnply with it. MIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~: John A. Statler, Esquire C. ~UDRESS:_320 Market Street, P.0. Boa'1268 Harrisbure, PA 17108-1268 "EL.EPHONE:_(717) 234-4161 ~JPREhE COURT ID # 43812 ATTORNEY FOR: Defendant BY THE OOURT: Prothonotary/Clerk, Civil Division +ATE: Seal of the Court Deputy (Eff. 7/97) OptR~ANWEALTH OF PENNSYLVANIA DARI.ENE BEASTON and RICHARD BEASTON, v. KI2SBERLY SPANGLER, 00[JD7PY OF R1MBII2IArID Plaintiffs ' Defendant File No. 01-4430 Civil Term SUBPOENA TO PRODII~ DOCUt1ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 ~: BELVEDERE MEDICAL CENTER (Name of Person or Ent Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doafnents or things: Conies of all F~er¢encv Room records, hospital records, office records, office notes, a-ray reports, radiology reports, MRI reports, consultation reports, resu"Tfs; opera ive recor s, i a3~-other--records p¢~tai8,$~-to-t~ CSr~a_d *Lea''+~ t f DART FNF RFA S7YIN at Goldberg, Hatzman ~ Shipman, P.C., 320 Market Street, P.O. Bog 1268, Harrisburg, PA 17108-1268 (4ddress) You may deliver or mail legible copies of the documents or produce things requested by ;his subpoena, together with the certificate of compliance, to the party making this -equest at the addrrss listed above. You have the right to seek in advance the reasonable rost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoc-na within twenty ;20) days after its service, the party serving this- subpoena may seek a court order ~om(~ellirg you to car,ply with it. 'li1S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: IM£: John A. Statler, Esquire C. ~DORES$:_320 Market Street, P.D. Bog~1268 Harrisbure~ PA 17108-1268 ELEPHONE: (717) 234-4161 XJPREhE COURT ID # 43812 ,TTORNEY FOR' Defendant BY THE COURT: Prothonotary/Clerk, Civil oivision Ate; Seal of the Court Deputy (Eff. 7/97) Op~WIIiL`PH OF PENNSYLVANIA 00[J[7PSC OF QftiBI~RI.AtID DARLENE BEASTON and RICHARD BEASTON, Plaintiffs • v. KIIiBERLY SPANGLER, Defendant File No. 01-4430 Civil Term SUBPOENA TO PRODU~ DOCUh~NTS OR THINGS FOR DISGONERY PURSUANT TO RULE 4009.22 -ro: APPALACHIAN ORTHOPEDIC CENTER, LTD. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doa,mentS or things: Conies of all Emer¢ency Room records, hospital records, office records, office notes, x-ray reports, radiology reports, MRI reports, consultation reports, resuTs; opera ive recor s, aii-other-Jrecords ~ertain3ag to Y>3e Barr and r r,~ r f HARTFNF RFASTnN _ at Goldberg, Katzman ~ Shipman, P.C., 320 Market Street, P,O. Boa 1268, Harrisburg, PA 17108-1268 (Address) You may deliver or mail legible copies of the documents or produce things requested uy this sul,lr.~ena, together with the certificate of crnpliance, to the party malting this ^equest at the address listed above. You have the right to seek in advance the reasonable rost of preparing the copies or producing the things sought. If you fail to produce the doartients or things required by this subpoena within twenty (20) days after its service, the party swing this subpoena may seek a court order ~ortpeliing you to ccarply with it. (HIS SUBPOENA WAS ISSUED AT THE REQUEST OF Tim FOLLOWING PERSON: ~qME: John A. Statler, Esquire , , •C. 1DORESS:_320 Market Street, P.O. Box 1268 Harrisbure= PA 17108-1268 ~LEPHONE:_(717) 234-4161 xJPREhE OOURT ID # 43812 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division 'ATE: Seal of the Court Deputy (Eff. 7/97) pptfinNWEALTH OF P121NSYLVANIA OOONiR OF CDI~ffiFRIAND DARLENE BEASTON and RICHARD BEASTON, v. KII~IBERLY SPANGLER, Plaintiffs File No 01-4430 Civil Term Defendant SUBPOENA TO PRODUCE DOCl~NTS OR TH1NCdS FOR DISOOVERY PURSUANT TO RULE 4009.22 T0: .TACK GAIIGHE>D; REALTORS of Person or Enti Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docxments or things: Copies of all employment records, personnel records, work records, 1099s, attendance records, cotmnission records applications_ for employment, disciplinary records and all other docuemmts aertaine to Darlene Beaston at Goldberg, Katzman and Shipman P.C. 320 Market Street, P.0. Boa 1268, Harrisburg, PA 17105-1268 (Address) You may deliver or mail legible copies of the documents or produce things requested ;,y this subpoena, together with the certificate of catpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the doaments or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order aom~ietling you to uatply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JAhE: Jobn !1,~atler, Esquire iDORESS:GOLDGERG, RATZNAN 6 SHIPNAN, P.C. 320 ~Taslc~E Se€eeE P.O. Bos 1268 rris urg, )~ 17 0 - -EI..EPHONE: (~t7) ~3~a~61 ~JPREhE OOURT ID # 43812 ATTORNEY FOR: Defendant BY THE OOURT: Prothonotary/Clerk, Civil Division SATE: Seal of the Court Deputy (Eff. 7197) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~{~ day of ~ V 2001, addressed to the following: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: John A.~atler, Es~C ui Attorney I. D. No. 43 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Kimberly Spangler ~" C~ i-, ~ f ;;_ ~.~ 1. _-. LT~ ~~ John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Ilazrisburg, PA 17108-1268 Telephone: (717)234-4161 Attorney for Defendant DARLENE BEASTON and RICHARD BEASTON, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVII, ACTION -LAW NO.O1-4430 CIVIL TERM KIMBERLY SPANGLER, Defendant NRY TRIAL DEMANDED NOTICE TO PLEAD TO: DARLENE BEASTON and RICHARD BEASTON, Plaintiffs c/o DAVID L. LUTZ, ESQUII2E Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff YOU ARE REQUIRED to plead to the within Answer With New Matter within twenty (20) days of service hereof or a default judgment maybe entered against you. GOLDBERG, IfATZMAN & SHIPMAN, P.C. By: > John A. St er, Esqul Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 I Attorney for Defendant Kimberly Spangler DATE: ~ ~ Z3 ( ~ John A. Statler,Esquire Attorney I. D. No. 43812 GOLDBERG, KATZ117AN & SHIPMAN, P.C. 320 Market Street P.O. BOX 126$ Harrisburg, PA 17108-1268 Telephone:(717)2341F161 Attorney for Defendant DARLENE BEASTON and RICHARD BEASTON, Plaintiffs v. KIMBERLY SPANGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-4430 CIVIL TERM JURY TRIAL DEMANDED ANSWER OF DEFENDANT HIIVIBERLY SPANGLER TO PLAINTIFFS' COMPLAINT INCLUDING NEW MATTER AND NOW, comes the Defendant, Kimberly Spangler, by her attorneys, Goldberg, Katzman and Shipman, P.C., who file the following Answer and New Matter in response to the Plaintiffs' Complaint: Admitted on information and belief. Admitted. 3. It is admitted that an accident occurred on July 7, 2000 at approximately 12:50 p.m. at the intersection of West South Street and Moreland Avenue in Carlisle. 4. Admitted. Admitted. 6. Admitted in part; denied in part. It is admitted that Defendant Spangler turned left in front of the Plaintiffs vehicle. It is denied that the Defendant failed to warn of the turn. It is admitted that a collision occurred between the vehicles. 7. Admitted. 8. It is admitted that the accident was caused in part by the actions of Kimberly Spangler. By way of further answer, the remaining averments in this paragraph are denied as conclusions of law. CLAIM I Darlene and Richard Beaston v. Kimberly Spangter 9. Defendant incorporates by reference her answers to the averments in paragraphs 1 through 8 of the Plaintiffs' Complaint as if set forth at length. 2 10. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and, therefore, denies the same and demands strict proof at time of trial if deemed material. 11. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries or the reasonableness and necessity of medical treatment and, therefore, denies the same and demands strict proof at time of trial if deemed material. 12. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries or expenses and, therefore, denies the same and demands strict proof at time of trial if deemed material. 13. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and/or damages and, therefore, denies the same and demands strict proof at time of trial if deemed material. 14. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and/or damages and, therefore, denies the same and demands strict proof at time of trial if deemed material. 15. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and/or damages and, therefore, denies the same and demands strict proof at time of trial if deemed material. 16. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and/or damages and, therefore, denies the same and demands strict proof at time of trial if deemed material. CLAIlVI II Darlene and Richard Beaston v. Kimberly Spangler 17. Defendant incorporates by reference her answers to the averments in paragraphs 1 through 16 of the Plaintiffs' Complaint as if set Forth at length. 4 18. Denied. After reasonable irrvestigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature or extent of the Plaintiffs' alleged injuries and their alleged effect on Mr. Beaston and, therefore, denies the same and demands strict proof at time of trial if deemed material. WHEREFORE, Defendant Kimberly Spangler respectfully requests that the Plaintiffs' Complaint be dismissed and that judgment entered in favor of Defendant and against the Plaintiffs. NEW MATTER Byway of additional Answer and Reply, Defendant Kimberly Spangler raises the following New Matters: 19. Same or all of the Plaintiffs' claims are barred in whole or in part and/or are limited by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C. S. A. § 1701, et sec . and especially by §§ 1705 and 1722 of that law. 20. Some or all of the Plaintiffs' injuries and damages pre-existed the date of this accident and were not caused or aggravated by the accident. WHEREFORE, Defendant Kimberly Spangler respectfully requests that the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendant and against the Plaintiffs. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: John A. tatler, Es ' e Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Kimberly Spangler DATE:g~L?j/ J~ 66937.1 6 VERIFICATION I, KIlVViBERLY SPANGLER, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. HIIVIBERLY 'PANGLE DATE: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at r Harrisburg, Pennsylvania, with first-class postage prepaid on the /J U v S 2001, addressed to the following: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Z~ Respectfully submitted, day of GOLDBERG, KATZMAN & SHIPMAN, P.C. By: - 7ohn A. tatter, ' e Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Kimberly Spangler ~~~ ~~~ SHERIFF'S RETURN - REGULAR CASE N0: 2001-04430 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEASTON DARLENE ET VS SPANGLER KIMBERLY 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 SPANGLER KIMBERLY the DEFENDANT at 1550:00 HOURS, on the 23rd day of July 2001 at 14 STEWART DRIVE CARLISLE, PA 17013 KIMBERLY SPANGLER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 So Answers: R. Thomas Kline A 07/24/20"" ANGINO & Sworn and Subscribed to before By: me this )`.``~ day of ~~ e.~- ,zmo / A . D . ~„ . ~ ~~ Prothonotary ~,r~ DARLENE BEASTON and RICHARD BEASTON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW v. KIMBERLY SPANGLER, Defendant NO. C~1 - yid ~ot.~,`T~-.~ JURY TRIAL DEMANDED 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 appeazance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. Xou 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 fiulher 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. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717)240-6200 NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demanders expuestas en las paginas sugnuientes, usted time viente (20) dias de plow al partir de la fecha de la demander y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y azchivar en la torte en forma escrita sus defenses o sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demander Usted puede perder dinero o sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR ~TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMRVISTRATOR 4th FS., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717)240-6200 ORIGtNAI 232676.I~N[TGU.C3 DARLENE BEASTON and RICHARD BEASTON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW v. NO. o/-yY3t> KIMBERLY SPANGLER, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Dazlene and Richard Beaston, cifizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside at 1042 Grahams Woods Road, Newville, Cumberland County, Pennsylvania. 2. Defendant Kimberly Spangler, a citizen of the Commonwealth of Pennsylvania, is an adult individual who resides at 14 Stewart Drive, Cazlisle, Cumberland County, Pennsylvania. 3. The facts and occunences hereinafter related took place on or about July 7, 2000, at approximately 12:50 p.m., at the intersecfion of West South Street and Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania. 4. At that time and place, Ms. Beaston was operating her motor vehicle, a 1990 Ford Taurus, in a western direction in the westbound lane of West South Street. 5. At the same time, Defendant Spangler was operating her motor vehicle, a 2000 Toyota Four Runner, in an eastern direction in the eastbound lane of West South Street. 6. Suddenly and without warning, Defendant Spangler made a left turn directly in front of Ms. Beaston's vehicle, causing the front right portion of Ms. Beaston's vehicle to collide into the right side of Defendant Spangler's vehicle. 7. Defendant Spangler stated that the collision was her fault and that she had not seen Ms. Beaston's vehicle. 232676.1\MTG\LC3 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Spangler operated her motor vehicle as follows: a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles; b) failure to check for oncoming traffic before turning across lanes; c) failure to keep proper and adequate control over her vehicle; and d) driving her vehicle upon the roadway in a manner endangering persons and property and in a reckless manner with careless disregazd to the rights and safety of others and in violafion of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Darlene and Richard Beaston v. Kimberlv Spangler 9. Pazagraphs 1 through 8 of the Complaint are incorporated herein by reference. 10. Ms. Beaston sustained painful and severe injuries including but not limited to neck pain, back pain, musculoskeletal back strain/sprain, and post-traumatic stress disorder. 11. By reason of the aforementioned injuries sustained by Ms. Beaston, she was forced to incur liability for medical treatment, medications, counseling, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Ms. Beaston has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Ms. Beaston has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life°s pleasures and enjoyment, and claim is made therefor. 232676]U~I'1'QALC3 2 14. As a result of the aforementioned injuries, Ms. Beaston has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 15. As a result of the aforementioned injuries, Ms. Beaston has experienced lost wages and a permanent diminution of her earning capacity, and claim is made therefor. 16. Ms. Beaston continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM lI Darlene and Richazd Beaston v. Kimberl~nangler 17. Paragraphs 1 through 16 of the Complaint are incorporated herein by reference. 18. As a result of the aforementioned injuries sustained by his wife, Ms. Beaston, Mr. Beaston has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Dazlene and Richazd Beaston demand judgment against Defendant Joseph Reinhardt, III, in an amount in excess of Twenty-five Thousand ($25,000.00) 232676.IUTTG\LC3 3 Dollazs, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. David L. Lu I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 Attorney for Plaintiffs Date: ~ - `~ `G 232676.1VvITGH.C3 4 :~ ~ VERIFICATION We, Darlene and Richard Beaston, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing aze true and correct to the best of our lmowledge, information and belief. We understand that this Verificafion is made subject to the penalfies of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: Darlene Beaston Richard Beaston 232676.1QvITGU..C3 b l~ DARLENE BEASTON and RICHARD BEASTON V. KIMBERLY SPANGLER IN THE COURT OF COMMON PLEAS OF CUMi3ERLAND COUNTY, PENNSYLVANIA 01-4430 CIVIL TERM IN RE: ARBITRATION PANEL ORDER OF COURT AND NOW, April 9, 2002, the Court having been informed that Thomas Bright, Esquire, is unavailable for the above-captioned arbitration hearing, Susan Hartman, Esquire, is appointed in his stead. By the Court, Ge P.J. Marlin McCaleb, Esquire Chairman Court Administrator ~,,~ ~.e~.a 3-v9•o~ .~ r t^.. ~I~~~n~s~~{~~~N~k~ ~~t{"rCt~ ~.t ~- . ~~; :~1 red u- <~c~tl Zti .r1 i jUt:J='. t~~~ {" r ' ,~FY~^2~ ~Tt'~~"° r +~^=ssm.&=}`fie`. ~,ma~#4•axr!s~u ss.P4k4"If DARLENE BEASTON and ) ARD EA TON, ) Plaintiffs ) '/~/' ) KIMBERLY SPANGLER, ~ e en ant OATH Tde do solemnly swear (or affirm) the Constitution of the United States wealth and that we will discharge the >- ..~° . u ~_ ~ ~, w _, c*.. ~ 2 `_a Jul <r' ~ ~;~ ` ca =~ ro vii ~:-.. hi _~7 _i L~ =~.- 7- ~~ 111 LL1 <-' 4\i o ~J ~J Tde, the undersigned (or affirmed ), make the In The Court of Cotmton Pleas of Cumberland County, °ennsylvania CIVIL ACTION - LAW No, O1 ,- 4430 CIVIL },'~TTERM JURY TRIAL DEMANDED that we will support, obey and defend and the Constituti,a~ of this Common- dut AWARD arbitrators, having been duly appointed and sworn following award: (Note: If damages for delay are awarded, they shall be separately stated.) ~o ~~~~ .a ~f~-16r ~' ~ ~~,siv~ Bra ~ !~ applicable.) Date of Hearing: ~/~- ~L Date of Award: ,~/'_ /w -PAZ ~~ NOTICE OF ENTRY OF SWARD /; ~n Nov, the daq of ,o~~, sta.%_`F~, r ..i., award was entered upon the docks and notice thereof gives by mail parties or their attorneys. Arbitrators' comoensation to be paid upon appeal: Arbitrator, dissents. (Insert name if the above to the ~"`r'i.-+l.~N i~l Niles-`n ^' /~.~.'/I G C~ N ~ I `L4+--T WL G-~.._._ /~ta~4s :!~-~ ~ a~er- - ~~ 11~ ~'(urre~n ~'-- C-n~~e ~~ ~"" ~-. ~~ v' 1 t~ V ~^^ l~ <, _ ~ ~.A+ re _r. _ _ _ ~ ~ t - T~.~7 _ _ 7 'T 'j~l_i - ,-~iTi :> t-~ N - :.fit _ , ~ `p Z -~ . . •K. /' i, Y&S~+'!51, ...ti,: ,.':..?nas =:,;_v ~. -.v..: a-, s =i~erur~.v.i I v.g~?cenxs~BP:.&~i b6 . -~ DARLENEBEASTON and RICHARD BEASTON, Plaintlffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO.OI-4430 CIVIL TERM HIMBERLY SPANGLER, Defendant JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discontinued. Date: ~ J~l ~~~ ANGINO & ROVNER, P.C. David L. I.D. No. 3595 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 Attorney for Plaintiffs ~~~~ Q~`~ 233726.1~DLLwITG y CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: John A. Statler, Esquire Goldberg, Katzmazi & Shipman 320E Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant Dated: ~ °~ "~~ 233726.1~DLLNrrG ~~ A n ~'= ' cy R.. C~~ _ i~~ - '~~ Sw ~ r: f ~ ~r ~~ o ~}m ~ r~ -. . „-• .~ . ~~~