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Home My WebLink About03-2557 GRAHAM & MAUER, P.C. By: Lisa 1. Mauer, Esquire Attorney ID # 65426 The Commons at Valley Forge Suite 22, P.O, Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiff ANNETTE A. BREAM and DONALD EUGENE BREAM 76 Pine School Road Gardners, P A 17324-9048 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiffs : NO.: 0.3 - dJ.$S7 Qull~-"'1 vs. MARY HUBLEY 527 Hogestown Road Mechanicsburg, P A 17055 : CIVIL MATTER Defendant PRAECIPE FOR WRIT OF SUMMONS PROTHONOTARY: Kindly issue a Summons in the above captioned matter. GRAHAM & MAUER, P.C. By: Date: 5' ..- 2 1... D '2., ~ ~ ~ ~ ~ ---./... ~~ -l:::: '- ~ -- "- OJ cv ..c: ~ ~ CI f~ o {...J c:=.= -:::: -0, F~ i ::~ '1'., w -;/ l.. .? q.{~ , r:: ,. ~ ~~. '-;-? ~~ ~:~, U1 ::2 (:;) ,g :~\ -it; -<'- GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire Attorney ill # 65426 The Commons at Valley Forge Suite 22, P.O, Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiff ANNETTE A. BREAM and DONALD EUGENE BREAM 76 Pine School Road Gardners, P A 17324-9048 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiffs vs. : NO.: 0'3 - ;1.557 C.~,('-r~ MARY HUBLEY 527 Hogestown Road Mechanicsburg, PA 17055 : CIVIL MATTER Defendant SUMMONS IN A CIVIL ACTION TO: Mary Hubley You are notified that Plaintiff has commenced a civil action against you which you are required to defend. (Court Seal) '--- ..6(/~ · p '/f~ Deputy GRAHAM & MAUER, P.c. By: Lisa J. Mauer, Esquire Attorney ill # 65426 The Commons at Valley Forge Suite 22, P,O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiff ANNETTE A. BREAM and DONALD EUGENE BREAM 76 Pine School Road Gardners, P A 17324-9048 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiffs vs. : NO,: 0:1 - ~S7 CiCJ;~L MARY HUBLEY 527 Hogestown Road Mechanicsburg, PA 17055 : CIVIL MATTER Defendant PRAECIPE TO ENTER APPEARANCE PROTHONOTARY: Kindly enter the appearance of Lisa J. Mauer, Esquire, as counsel for the Plaintiffs, GRAHAM & MAUER, P.C. By: Date: May 27, 2003 0 C' CO) C C. --I i ~ -"1i."'" -0 'T-; ~-~ p.j ~~I .J ;.. Z --... Z C (.,-J co , <::) .;...,; r::. ,. .-.""--, ~-:; ,J.' <. Z ' , )> C' 0) i'{1 c :;::, :31 -"'-'. ::;,) -::.. C> -< SHERIFF'S RETURN - REGULAR CASE NO, 2003-02557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BREAM ANNETTE A ET AL VS HUBLEY MARY BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HUBLEY MARY the DEFENDANT , at 1611:00 HOURS, on the 10th day of June , 2003 at 527 HOGESTOWN ROAD MECHANICSBURG, PA 17055 by handing to EDWIN E HUBLEY, HUSBAND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.21 .00 10.00 .00 34.21 r~~~~ R. Thomas Kline 06/11/2003 GRAHAM & MAUER Sworn and Subscribed to before By: /~sr,e~ ) t</ me this .2<? '--' day of ~ ,;l/.'l23 A.D. (1_ Q lYWflL..) ~ OAf: ~~honotary , ('J 03HB-OOl14 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Mary Hubley ANNETTE A. BREAM AND DONALD EUGENE BREAM, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2557 CIVIL TERM VS. MARY HUBLEY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF ApPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Mary Hubley. Respectfully submitted, Date; July 9, 2003 ICES OF JAC it ASSOCIATES By: Donald R. Dorer, Esquire Attorney for Defendant Identification No. 39126 03HB-OOl14 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Mary Hubley ANNETTE A. BREAM AND DONALD EUGENE BREAM, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2557 CIVIL TERM VS. MARY HUBLEY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy ofthe attached Entry of Appearance to be served by regular first class mail upon: Lisa J. Mauer, Esquire Graham & Mauer, P,C. The Commons at Valley Forge Suite 22, P.O, Box 987 Valley Forge, PA 19 Date: July 9, 2003 Donald R. Dorer, Esquire Attorney for Defendant (") C :? -ocr nlrr; -;;II' -~.., ",,-- -,. UJ., -<""- !;::c )..::::.". _'.~ I:\- 5: t~:~:. -" ::;:l '. a c..., o -n -, i- :::1] c:) .n JC:-) -~() -"j -q , ~ (~') ~-:jnl =-1 :b -< -u ::Ie r;-;) 1-'-.) r0 03HB-OOl14 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Mary Hubley ANNETTE A. BREAM AND DONALD EUGENE BREAM, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 03-2557 CIVIL TERM VS. MARy HUBLEY, DEFENDANT CIVIL ACTION - LAW JURY TRIAl. DEMANDED J PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiffs to file a Complainli within twen},Y ( "' ruff", "" - oh J_ of Noo "'00 lfL' III Donald R. Dorer, E quire Date: Julv 9. 2003 Attorney for Defendant RULE TO FILE COMPLAINT AND NOW, this J^~ay of ,2003 a RULE is hereby entered upon the Plaintiffs to file a Complaint h ein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. {L-h ,y ';;(if ~ROTHONOTAR 03HB-00114 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Mary Hubley ANNETTE A. BREAM AND DONALD EUGENE BREAM, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-2557 CIVIL TERM MARY HUBLEY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Date: July 9, 2003 Lisa J. Mauer, Esquire Graham & Mauer, P.C, The Commons at Valley Forge Suite 22, P.O. Box 987 ~ V,U'YF'""PA 19i / /1 ~ L/ ;/ (/ t< Donald R. Dorer, Esquire Attorney for Defendant . - () 0 0 c v:> ." s: c- .-I -ocr ,- ;'::-~,~, rr1\\ i;:;:: '-J" -r ~~'. :;?l, 0 ':q <;Q-' -'("':) r'. -0 lei', / :D ?( ~~.:n' ) C) z.c:- 1" ;:.;,cn "P c": <I ..( " ~ (,) -<.. GRAHAM & MAUER, P.c. By: Lisa 1. Mauer, Esquire Attorney ill # 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 ANNETTE A. BREAM and DONALD EUGENE BREAM 76 Pine School Road Gardners, PA 17324-9048 Plaintiffs vs. MARY HUBLEY 527 Hogestown Road Mechanicsburg, PA 17055 Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 03-2557 CIVIL MATTER NOTICE TO DEFEND NOTICE TO DEFEND Yon 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 TInS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR lELEPHONE TIlE omCE SET FORlH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ADVI80 Le ban demanado 8 usted en la corte. Si usted quiere defenderse de estas demandas expuestas en !as paginas siguientes, usted tiene V1linte (20) dlas de plaso aI partir de 1a facha de 1a demanda y 1a notiticacion. Hace faIts asentar una com parencia escrita 0 en persona 0 con un abogado y entregar a fa corte en forma escrita BUS defensas 0 sus objectiones a las demandas en contra de so persona. Sea avisado que si lISted no se defiende, la corte tonuua medidas y puede continuar la demanda en contra suya sin previa &Viso 0 notificacion. Ademas, 1& corte puede decidir 8 favor del demandante Y requiere que usted cumpla con todas las provisiones de esta demanda. listed puede perder dinero 0 sus propiedades 1..'\ otros derenchos importantes para usted. lLEVE ESTA DEMANDA A UN ABOGAIlOINMEDIATAMENTE. SI NO T1ENE ABOGAIlO 0 SI NO TIENE EL DINERO SUFlClEN1E DEPAGAR TALSERVICIO, VAYA EN PERSONA 0 LLAME FOR lELEFONO A LA OFlCINAA CUY A DIRECCION SE ENCUEN1RA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone: 717-249-3166 GRAHAM & MAUER, P.C. By: Lisa 1. Mauer, Esquire Attorney ill # 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, P A 19482 610-933-3333 Attomey for Plaintiff ANNETTE A. BREAM and DONALD EUGENE BREAM 76 Pine School Road Gardners, PA 17324-9048 : IN 1HE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiffs vs. : NO.: 03-2557 MARY HUBLEY 527 Hogestown Road Mechanicsburg, P A 17055 : CIVlLMATTER Defendant COMPLAINT I. Plaintiffs Annette Bream and Donald Eugene Bream are wife and husband and adult individuals who, at all times relevant hereto, resided at 76 Pine School Road, Gardners, Adams County, Pennsylvania 17324. 2. Defendant Mary Irene Hubley, hereinafter Defendant Hubley, is an adult individual who, at all times relevant hereto, was believed to reside at 527 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On or about June 5, 2001, Plaintiff Annette Bream was the driver of 1992 Chevrolet, which was traveling East on West Main Street/SR 641 in Mechanicsburg Borough, Cumberland County, Pennsylvania. 4. At said time and place, Defendant Hubley was driving a 1997 Chevrolet, which was traveling North on South York Street and approaching West Main StreetlSR 641 in Mechanicsburg Borough, Cumberland County, Pennsylvania. 5. Suddenly and without warning, Defendant Hubley failed to stop for the red traffic light, which controlled the intersection of South York Street and West Main StreetlSR 641 in Mechanicsburg Borough, Cumberland County, Pennsylvania, causing a collision with the vehicle driven by Plaintiff Annette Bream. 6. Said collision resulted injuries and damages to Plaintiff Annette Bream as set forth herein. COUNT I-NEGLIGENCE PLAINTIFF ANNETTE BREAM V. MARY HUBLEY 7. Paragraphs 1 through 6 are incorporated herein as if set forth at length herein. 8. Defendant Hubley was negligent and careless in the operation of said motor vehicle for the following reasons which include: a. Failure to properly operate, manage and control said motor vehicle; b. Disregarding the rights, safety and position of other vehicles on the road including the vehicle driven by Plaintiff Annette Bream; c. Failure to keep a proper lookout; d. Failure to remain a safe and clear distance away from other vehicles; e. Failure to abide by the applicable statutes, rules and regulations of the road; f. Failure to stop in time to avoid a collision with other vehicles; g. Failure to apply the brakes in a timely manner; h. Failure to control said motor vehicle in a reasonable and prudent fashion; 1. Operating, steering and controlling said motor vehicle in a careless and negligent manner; J. Failure to avoid the occurrence complained of; k. Failure to observe the roadway and/or the vehicles thereon; I. Failure to remain alert at the wheel; m. Failure to obey a traffic signal; n. Operating said vehicle at an inappropriate and/or excessive rate of speed under the circumstances then prevailing; o. Failure to alter her course to avoid a collision; p. Negligence per se; AND q. Failure to abide by 75 Pa.e.S. ~3112 (aX3)(i). 9. As a direct and proximate result of the negligence and carelessness of Defendant Hubley and not due to any act or failure to act on the part of Plaintiff Annette Bream, said Plaintiff suffered great pain, lumbar spine injuries including lower extremity nerve injury with Sl acute radiculopathy, chronic L2-3 radiculopathy, a right peroneal neuropathy and disc herniation, cervical spine injuries including an intemal disc disruption at C5-6, with radiculopathy at C6, requiring an anterior cervical discectomy and fusion, shoulder pain, headaches, loss of life's pleasures, emotional distress, and injuries to her nerves and nervous system, some or all of which are or may be permanent in nature. 10. Plaintiff Annette Bream's injuries, some of which required surgical repair, have resulted in serious impairments of bodily functions. 11. As a direct and proximate result of the negligence and carelessness of Defendant Hubley, Plaintiff Annette Bream has been and may continue to be in the future unable to attend to her usual habits, customs, vocation, and/or enjoyment oflife. 12. As a direct and proximate result of the negligence and carelessness of Defendant Hubley, Plaintiff Annette Bream has been in the past and may continue to be in the future required to undergo medical and medically related treatments and procedures. 13. As a direct and proximate result of the negligence and carelessness of Defendant Hubley, Plaintiff Annette Bream has been in the past and/or may be in the future required to spend great sums of money for medical, surgical and medically related treatment and procedures as a result of her injuries. 14. As a direct and proximate result of the negligence and carelessness of Defendant Hubley, Plaintiff Annette Bream has in the past and/or may in the future suffer a loss of earnings and/or earning capacity. 15. Plaintiff Annette Bream is entitled to recover damages under the full tort option provided by the motor vehicle financial responsibility law 75 Pa CSA ~ 170 1 et seq. WHEREFORE, Plaintiff Annette Bream demands judgment in her favor and against Defendant Mary Hubley in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as This Court may deem just and reasonable. COUNTrr-LOSSOFCONSORT~ PLAINTIFF DONALD EUGENE BREAM V. DEFENDANT MARY HUBLEY 16. Paragraphs 1 through 15 are incorporated herein as if set forth at length herein. 17. At all times pertinent hereto, Plaintiffs Donald Eugene Bream and Annette Bream were husband and wife and residing together at the same address. 18. Due to the negligence and carelessness of Defendant Hubley, Plaintiff Donald Eugene Bream has been deprived and may in the future be deprived of the companionship, support, services and consortium of his wife, Annette Bream. 19. Due to the negligence and carelessness of Defendant Hubley, Plaintiff Donald Eugene Bream has paid and/or may be required to pay in the future for the medical treatment of his wife's injuries. 20. Due to the negligence and carelessness of Defendant Hubley, Plaintiff Donald Eugene Bream has been or may in the future be deprived of the household services of his wife, Annette Bream. WHEREFORE, Plaintiff Donald Eugene Bream hereby demands judgment in his favor and against Defendant Mary Hubley in an amoWlt which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. GRAHAM & MAUER, P.c. By: ~- / "- I {fJ Ii ~/ '-' IS .~ r, suire c.. Attomey i'~, Plaintiffs Date: VERIFICATION I, Donald Eugene Bream, hereby state that I am the Plaintiff in this Action and verifY that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Qd-V~ C!J~~ /3~ Donald Eugene Bream ' Date: 7-/7-b'3 VERIFICATION I, Annette Bream, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. /7 ~ \\ (;/'ft7U2Z~ ~':J Annette Bream Date: ;y ~ 3 I-_l' ;f":; -- ...:.. )> .., .1. GRAHAM & MAUER, P.C. By: Lisa 1. Mauer, Esquire Attomey ID # 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attomey for Plaintiff ANNETTE A. BREAM and DONALD EUGENE BREAM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiffs vs. : NO.: 03-2557 MARY HUBLEY : CIVILMATTER Defendant PLAINTIFF ANNETTE BREAM'S REPLY TO DEFENDANT'S NEW MATTER i 21. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that th~ allegations contained in the corresponding paragraph of the Defendant's New ~atter are automatically deemed denied as conclusions of law to which no responsive plefling si required. Strict proof thereof is demanded at trial, if material. 22. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that th~ allegations contained in the corresponding paragraph of the Defendant's New 1!-1atter are , automatically deemed denied as conclusions of law to which no responsive Ple~ding si required. Strict proof thereof is demanded at trial, if material. , 23. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that titf allegations contained in the corresponding paragraph of the Defendant's New jv1:atter are I automatically deemed denied as conclusions of law to which no responsive Pl~ading si I required. Strict proof thereof is demanded at trial, if material. To the extent, ~owever, a reply may be required, Plaintiffs specifically deny that there claims for non-economic damages may be barred by the limited tort option of the P(:nnsylvania Motor Vehicle Financial Responsibility Act. To the contrary, Plaintiff's dected the full tort option under their insurance policy. Respectfully Submitted: By: t Date: '6 ~ )~ ~ C'~ GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire Attorney 10 # 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY ANNETIE A. BREAM and DONALD EUGENE BREAM Plaintiffs vs. : NO.: 03-2557 MARY HUBLEY : CIVIL MA ITER Defendant CERTIFICATE OF SERVICE. 1, LISA J. MAUER, ESQUIRE, hereby certify that on this 18th day of August, 2~03, a true I and correct copy of Plaintiff Annette Bream's ReDly to Defp.nclant's New Matter was s~nt by first class, postage prepaid US mail to the following: Girard E. Rickards, Esquire Jacobs & Associates 214 Senate Avenue, Ste 503 Camp Hill, PA 17011 GRAHAM & MAUER, P.~. I , I By: Attorney f< ~ .1"'"1 VERIFICATION I, Donald Eugene Bream, hereby state that I am the Plaintiff in this Action andl verify that the statements made in the foregoing document are true and correct to the best of my lrnowledge, information and belief. I understand that the statements therein are made subject to the penalties I of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. V::.\;~ CJ~n,..cJ l$~ Donald Eugene Bream Date: 'T-/7-b ~ r---. r\ YERIFICATlON I, Annette Bream, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, infonnation and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I (2/7YXLzt7~r::v ette Bream ' Date: ~~3 o ~;; ""lJ l~Y-' r~.1 i ;. / r,'-, :'..-:" c.. ~-: r ;::;~- ~. --< .. '.. C) .'n -::-... ;;.., r'-.) c: ',) :'~ ','j? -. ;n 'v r SElmER ',' ,'" ,. ,'T " . Complet8 II8ms 1, 2, and 3. Also complele nem 411 RestrIct8d Deliwlry 18 desired. . Print your name and addnIss on the reverse SO thaI we can retum the card 10 you. . Attach this card to the back oltha mal/piece, ~. or on the front II space penn/Is. .'. 1. AtllcIo Addressed to,. ,> Jaime Ebbert Litigation Solutions, Inc. Suite 915, Gulf Tower 707 Grant Street Pittsburgh, PA 15219 2. ArtIcle Number (TronsIor ftom sstVk:s 16boI) PS Fann 3811, August 2001 A- X '( OAgont a_~~~ ,~ D,'.doIIveIy__fn:Jm_l~(:"J'l II YES, entar dolIY8Iy addl88S below: a No 3. ~Type i6~.titredMall O~MaJI a ~ a RotumA6ceIptIorMorchandlso a Insurod Mall a C.O.D. 4. R_ll8IIveIy? (Extra FIle) 0 Yes 7003 0500 0004 3696 7428 OomosticRollmRocelpt ~, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE P1Pl'HOlCI'ARY OF CUMBERLAND COUNTY Please list too 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 nust be stated in full) (check one) (X Civil Action - Law ANNETTE A. BREAM AND DONALD EUGENE BREAM Appeal from Arbitration (other) (Plaintiff) vs. MARY HUBLEY The trial list will be called on 4 11 9 105 and Trials comrence on 5/16/05 ( Defendant) Pretrials will be held on 4/27/05 (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. nJ_?1:\~7Civil T .Qt.1 ~l 2001 Indicate too attorney who will try case for the party who files this praecipe: Lisa J.Mauer, Esquire and Ronald M,Graha~, Esquire Indicate trial counsel for other parties if known: ll..Q.!J fl.,rer-, Esquire Date: 1- \''1) -0'5 / ~ Signed: 4l t -1t!rl),(Ok Print ~ ~JJJ.Mauer. Esquire Attonley for: PIa in t if f s This case is ready for trial. GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire Attorney ill # 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attomey for Plaintiff ANNETTE A. BREAM and DONALD EUGENE BREAM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiffs vs. : NO,: 03-2557 MARY HUBLEY : CIVIL MATTER Defendant PRAECIPE TO DETERMINA nON TO THE PRornONOTARY: Kindly forward the attached Motion in Limine and supporting Memorandum of Law to the judge assigned to this matter. Respectfu1ly Submitted, By: Date: '-j-ZL -OS GRAHAM & MAUER, P.C. By: Lisa J Mauer, Esquire Attorney ill # 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attomey for Plaintiff ANNETTE A. BREAM and DONALD EUGENE BREAM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiffs vs. : NO.: 03-2557 MARY HUBLEY : CIVIL MA TIER Defendant ORDER AND NOW, this day of , 2005, upon consideration of Plaintiffs' Motion in Limine to Exclude Photographs of Vehicles Involved in the Accident and Defendant's Testimony Pertaining to Her Vehicle and any response thereto, IT IS HEREBY ORDERED that said Motion is GRANTED. The Defendant is precluded from introducing at trial any testimony, evidence or argument regarding the property damage to the vehicles, including any photographs and damage estimates. BY THE COURT: J. GRAHAM & MAUER, P.C. By: Lisa 1. Mauer, Esquire Attorney ID # 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiff ANNETTE A. BREAM and DONALD EUGENE BREAM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiffs vs, : NO.: 03-2557 MARY HUBLEY : CIVIL MATTER Defendant PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE PHOTOGRAPHS OF THE VEHICLES INVOLVED IN THE ACCIDENT AND DEFENDANT'S TESTIMONY PERTAINING TO HER VEHICLE Plaintiffs Annette and Eugene Bream, by and through their attomeys, Graham & Mauer, P.C., hereby move this honorable Court to exclude photographs and aU testimony by Defendant Hubley as to the damage to the vehicles involved in the accident and, in support thereot: aver as follows: I. This is an action arising from the motor vehicle accident occurring on June 5, 200 1. 2. The parties have stipulated to liability. 3. Plaintiff Annette Bream sustained numerous injuries in this accident. 4. In Defendant Hubley's Pre-Trial Memorandum, Defendant lists as an exhibit the photographs of the vehicles involved in the accident. 5. Plaintiff believes and, therefore, avers that in her defense Defendant will attempt to show through the introduction of said photographs and testimony about them that the impact was insufficient to cause Plaintiff Annette Bream's injuries. 6. The property damage portion of the claim has been settled and is not an issue in this case. 7. While the causal relationship of Annette Bream's injuries remains an issue in this case, it is not an issue which can be proven through the use of photographs of the vehicles involved or testimony of Defendant Hubley. 8. There is no proven correlation between the photographs of the vehicles in the accident and the nature and extent of iIUuries sustained in that accident. 9. Defendant Hubley has not produced a biomechanical engineer to testify about a causal link between the damage to the vehicles and the injuries sustained in the accident. 10. Neither the photographs of the vehicles involved in this motor vehicle accident nor the testimony of Defendant Hubley tend to establish any filet material to this case, nor to make a fact at issue more or less probable and, therefore, are irrelevant, prejudicial and confusing. WHEREFORE, Plaintiffs Annette and Eugene Bream request this honorable Court exclude the use of the photographs of the vehicles involved in this motor vehicle accident, as well as any reference thereto, and Defendant's testimony pertaining to her vehicle for the reasons afore stated which are set forth more fully in the attached Memorandum of Law hereby incorporated by reference. Respectfully Submitted, By: Date: LJ .) ,., r,."~ 1 . _ '- - "J G C-:<. ~~ r.f} 1!; ?" tj, -<l ~~ r:- .' Q.. -:;.\- -<:' .>:.\....r- r'" ~~, ~''''''' ~<'~)\..,( ';:),C) <\.~,\ "-'\-,\ ~\<;,r -"/ ~7 - "(;1 . fe"~ ~-;'( ,~.,,, ;.' , '~jdP\~:\ , ~- ...(~~\ ',--:\ -- -' ~~}. GRAHAM & MAUER, P.c. By: Lisa 1. Mauer, Esquire Attorney ill # 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiff ANNETTE A. BREAM and DONALD EUGENE BREAM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiffs vs. : NO.: 03-2557 MARY HUBLEY : CIVIL MATTER Defendant CERTIFICATE OF SERVICE " I'> l 1, Lisa J. Mauer, Esquire, hereby certifY that on this 22. day of April, 2005. a true a correct copy of the foregoing Plaintiffs' Motion in Limine to Exclude Photol!Tl\Phs of Vehicles Involved in the Accident and Defendant's Testimonv Pertaininl! to her Vehicle and Memorandum of Law in support thereof was sent via fax and US Mail, postage pre-paid to the following counsel of record: Donald Dorer, Esquire Jacobs & Associates 214 Senate Avenue, Ste 503 CampHill,PA 17011 GRAHAM & MAUER, P.C. By: ~~\\~ " ~/ 2 --:;"" ~-, c.? ~ ~ ?) 1" <.fI ~";. ~D.:: r;::' ~. ~("1 .c~\...,.. .;....c:;: '~;) q, '::;i.~ ,::"1~, ~~.'<~ -"'1;-, (::-.~ \.:-" -,. ......J :; 'i:~.-~.}~\ j,._;. J~J>;~ .r:: .- -' --" ANNETTE A. BREAM and DONALD EUGENE BREAM, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 03-2557 CIVIL TERM CIVIL ACTION - LAW MARY HUBLEY, Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference in the above-captioned case was held in the chambers of Judge Oler on Wednesday, April 27, 2005. Present on behalf of the Plaintiffs was Lisa J. Mauer, Esquire. Present on behalf of Defendant was Donald R. Dorer, Esquire. f2 ~ ~ This is a negligence action for perso~4i i~u~s .' ;;0 r11fJ1 and loss of consortium arising out of a two vehicle cf\:!,-cid~ a:1i8 -. . () ~ ..7..?() :tb :.J'"-I, :::fC (5::0 . 70 c:"' " ~-""'rT1 Liability for causing :~he '2 :=.~ -<. N 5j accident is admitted by Defendant, but the issues of subs~nt~l an intersection in Mechanicsburg, Cumberland County, ,- Pennsylvania, on June 5, 2001. factor and damages are not conceded. This will be a jury trial in which, pursuant to an agreement of counsel, each side shall have 4 preemptory challenges for a total of 8. The duration of trial is estimated to be 2 days. Issues which are expected to arise at trial include (a) Plaintiffs' position that the use of photographs of damage to Defendant's and Plaintiff Annette A. Bream's vehicles taken following the accident should not be admitted because they are irrelevant to the issue of the extent of injury suffered by Ms. Bream, and (b) Plaintiffs' position that deposition testimony of Defendant, taken for purposes of trial, should be precluded as it relates to her comments on damage to the vehicles. These issues are deferred to the trial judge, and counsel are requested , .. to furnish briefs prior to trial to the Court on these issues setting forth their respective arguments and authority therefor. It is noted that Plaintiffs' requests on these issues have been presented of record in the form of a motion in limine. To the extent that any deposition testimony will be shown or read to the jury which contains objections being pursued by counsel and requiring rulings by the trial court, counsel are directed to supply to the Court a copy of the affected transcript with the areas of objection being pursued highlighted and with brief memoranda in support of their respective positions at least 5 days prior to the commencement of the trial term at which this case is tried. With respect to settlement negotiations, a substantial offer has been made on the part of Defendant, and the parties do not appear to the Court to be very far apart. By the Court, Lisa J. Mauer, Esquire The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 For the Plaintiff Donald R. Dorer, Esquire 214 Senate Ave. Suite 503 Camp Hill, PA 17011 For the Defendant Court Administrator :mae ANNETTE A. BREAM And DONALD EUGENE BREAM, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MARY HUBLEY, Defendant NO. 03-2557 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of April, 2005, upon consideration of Plaintiffs' Motion III Limine To Exclude Photographs of the Vehicles Involved in the Accident and Defendant's Testimony Pertaining to Her Vehicle, the motion is referred to the trial judge pursuant to the pretrial conference order of April 27, 2005. BY THE COURT, ,-,. /,,-:. i("/ (,-{[ J. ~a J. Mauer, Esq. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 Attorney for the Plaintiffs , ; I . i( \ . . .. {(. ... ",.x J. Wesley Oler, Jr~-" II ~nald R. Dorer, Esq. Suite 503 214 Senate Avenue Camp Hill, PA 17011 Attorney for the Defendant > () -29 ~03 :rc :"1 "~ I 7. I lid - 7 \1 'II' C".7 . ~: >\ Ov c,j, "ud& )'}J'vlC:\kkLGJd 3Hl.:!O 38i::)O-03l!::J 03HB-00114 GRAHAM & MAUER, P.e. Lisa J. Mauer, Esquire The Commons at Valley Forge, Suite 22 P.O. Box 987 Valley Forge, PA 19482 Attorneys for Plaintiffs Telephone No. (610) 933-3333 ANNETTE A. BREAM AND DONALD EUGENE BREAM, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2557 CIVIL TERM VS. MARY HUBLEY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. GRAHAM & MAUER, P.C. [. ., .~..., c:::. Date: [~ --('_' -u .) By: i /t i LisaJ. Mauir, Esquire' , Ii' 'The Commdns at Valley Forge, Suite 22 P ,0, Box 987 Valley Forge, P A 19482 Attorney for Plaintiffs Court LD. 1-.(.:<,'5 4 '-Uc, . 03HB-OOl14 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Mary Hubley ANNETTE A. BREAM AND DONALD EUGENE BREAM, PLAINTIFFS VS. MARY HUBLEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2557 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Settle, Discontinue and End to be served by regular first class mail and facsimile transmission upon: Lisa J. Mauer, Esquire Graham & Mauer, P.c. The Commons at Valley Forge Suite 22, P,O, Box 987 ValleyForge,PA 19~~/ ,. ,11 I j )U · L4L- Donald R. Dorer, Esq~re Attorney for Defendant Date: June 8, 2005 ^.""",~----"'-~ {) (; r-' = = eon <- c:: -.;? ~ e,...) ~ ...,:..... o -n ~-n rn- 1=n ""'(j'\..!, ~DT ':)0 ~-l~ :t ~ Q(') ./..-,-0 (~ 2: X! ...-, C5 <.Jl N .------