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Home My WebLink About01-06911 " ,4.;, ROSENTHAL & STRAUSS By: BRIAN D. ROSENTHAL, Esquire Identification No.: 26473 Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 (215)656-4100 AMANDA SCHAEFFER -vs- JOHN AND STEPHANIE REDCAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M, LEIGHT Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01 - b <t I r CLU~(:' I~ PRAECIPE FOR WRIT OF SUMMONS-CIVIL ACTION TO THE PROTHONOTARY: Kindly issue Writ of Summons - Civil Action in the above captioned matter. Doted. 11) 10 J <c. -- ,<~o,:","-:-" ROSENTHAL & STRAUSS ~ B . \ . RIAN D. ROSENTHAL Attorney for Plaintiff " ,e,., ROSENTHAL & STRAUSS By: Brian D. Rosenthal, Esquire Identification No.: 26473 Seven Penn Center, 9th Fl. 1635 Market Street Philadelphia, PA 19103 (215)656-4100 Attorney for Plaintiff AMANDA SCHAEFFER 35 Avenrowe Court Fairless Hills, P A 19030 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA -vs- JOHN AND STEPHANIE REDCAY 130 Cedar Street Carlisle, P A 17013 and MARY ANNE LARD 3460 Spring road Carlisle, P A 17013 and JANICE M. JANJANIN 1122 Fern Wood Avenue Maple Shade, NJ 08052 and COLIN M. LEIGHT 1122 Fern Wood Avenue Maple Shade, NJ 08052 Defendants NO. 61- /,pq II C;oLl'--r~ WRIT OF SUMMONS - CIVIL ACTION TO ALL DEFENDANTS CAPTIONED ABOVE: You are notified that Plaintiff, Amanda Schaeffer has commenced an action in Civil Action Trespass against you. ~~.'~ PROTHONOTARY OF c;;fr CUMBERLAND COUNTY, PA Date: /:<//;/01 SEAL OF THE COURT Y: -;~~1\!''Y_,. ,,~~ >;',-:-"-"~--,,,,,'-'- - ~ . .- ~-~~-,,=-~~ '-, "'"" ,-~ ~ ~ -C h_ ,-,_".-.,'" ....~"-"'''-'~~., ,,,,-,, . . ~.~.'.-c--'~ '" .,,-X ,,:;~" . ." """-" ~,. B.m._ 70 (:) ~ ~ [ ~ ~ . ~. ........ ~ C?8~ "- -0 - ....r::. I . ~ Q?1? 6' t '--..(, """"':'u tll r~' ~ ~j S~'~ r:-~ ::;:-::- ::::::,.( :~:~~~{ (") C ?'" :_~~ C'~) c::::J ~ '~1 l'J I c. ~""'0 r:: :..:'1 C:;. ilIJ,.. ~.. . (0) r) ::\1 - (!!!I!'J~:C""'-"''''''JO-; l\l![~ii'~-dilW'iil,~:....~_~, ';--~~~,}:-: "~,,,,,~ii1I1~ ,J~I.."""~~'I"~;:~1 ',-<- SHERIFF'S RETURN - REGULAR CASE NO: 2001-06911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHAEFFER AMANDA VS REDCAY JOHN ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon REDCAY JOHN the DEFENDANT , at 0021:14 HOURS, on the 14th day of December, 2001 at 867 ALEXANDER SPRING ROAD CARLISLE, PA 17013 by handing to STEPHANIE REDCAY (WIFE) a true and attested copy of WRIT OF SUMMONS 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 3.25 .00 10.00 .00 31.25 ~~~~~~.~ R. Thomas Kline 12/20/2001 ROSENTHAL & WEISBERG Sworn and Subscribed to before By: c~J.~. Deputy Sheriff me this ~ day of t-'J ""'~ A.D. -,--12 ~ ~ Prothonotary '-.:s;"",\<, -" ,,__. ".' . .' " -~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHAEFFER AMANDA VS REDCAY JOHN ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon REDCAY STEPHANIE the DEFENDANT , at 0021:14 HOURS, on the 14th day of December, 2001 at 867 ALEXANDER SPRING ROAD CARLISLE, PA 17013 by handing to STEPHANIE REDCAY a true and attested copy of WRIT OF SUMMONS together with _. and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing ,service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~r.'~~.<, R. Thomas Kline 12/20/2001 ROSENTHAL & Sworn and Subscribed to before By: WE1S0:m 1. ~ me this '2 ~ day of Deputy Sheriff -- - -- ~.)...J A.D. ~ othonotary >-'.11>F~i\I\ll,~.\. ,_ ~ -' ~=, - -~! I' " --~ ,~,..," "=-" ~ SHERIFF'S RETURN - REGULAR - . CASE NO: 2001~06911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHAEFFER AMANDA VS REDCAY JOHN E'1' AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LARD MARY ANNE the DEFENDANT , at 0021:05 HOURS, on the 18th day of December, 2001 at 3460 SPRING ROAD CARLISLE, PA 17013 by handing to lVlARY ANNE LARD a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ,--... 6.00 3.25 .00 10.00 .00 19.25 r~~.~~~ R. Thomas Kline 12/20/2001 ROSENTHAL & WEISBERG Sworn and Subscribed to before me this '7 ~ day of _~ ~L A.D. ~ t2 /M';/L) ~j:? r thonotary '-"'F':J By: /:~~ ~ / ep ty Sheriff ,. . [.// : "'-,'"-~1:i~ ,~,,~,,=,iJij ~~" ,,__4 ~'-""J'f' ~" 1 -, ., ,---41:~ ~,,~-~ , ,~ ,=~ 'T-'~ AMANDA SCHAEFER, Plaintiff v. JOHN and STEPHANIE REDCAY, MARY: ANNE LARD, JANICE M. JANJANIN, and COLIN M. LEIGHT, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6911 Civil Term ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Mary Anne Lard, in the above-captioned case. DATE: ~/ll''- "'~,~.," 7:'""" "!' ""---', ~ ,:' l' , ' , r' "~- - MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGG BY: MATTHEW L. S, ESQUIRE l.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3501 Attorney for Defendant Mary Anne Lard , - T . , ~, CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of MarshaII, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of April, 2002, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Brian D. Rosenthal, Esquire ROSENTHAL & STRAUSS Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 ~/({ iJilA~ SUSAN M. WILLIAMS 'T''',V~.,.~",c' _,-""".,,~ , ,~, , " , --, .1' ,- _.'. ~ ~",N' ,', . --y - " "'~,~ ~. ,~...." ~"" ^ -~v,' .,;- ,-<-'~ '""~' ";", " <,';:_'~,,,,,,," ~ .."'"-" M"i! (") 0 0 c: N ., S ".. ...., -nUl -,:) -r ~fTI ::u ~'rl ;::; :rJ I "elm Z'> .;:.- oT w"'..;.. /-) ~e5 -0 ~~~ "-. ';-S:D ~8 ::it ~~-o Om >c:: ..... ~ <:::> ?P \0 "< 5S 8~ III W. ,l _"', ',,", ~ ~mn,~t1!!Ir~~,JW:fS:'liij]i;~~~l"!i~i~~~I'!I'%'~'}''''U';;-'f:o:''',!;""~,~~w:"~1',-,,,,if~",-V;<"-':;-;~i7-_';\:j."~~,,'iJ-]j:"-Nlfe5'iV;;bmmr"'1if!":!':'J.1:Rlf"'1'~~',;;'-{;W'WSi'-(i:.m:~~~~~j ~; AMANDA SCHAEFER, Plaintiff v. JOHN and STEPHANIE REDCAY, MARY: ANNE LARD, JANICE M. JANJANIN, and COLIN M. LEIGHT, Defendants . : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6911 Civil Term PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer judgment non pros. DATE: q/ ~ I 0" "'4~___!)iJ!IL.,." ,', C' ,T-. __~. T ,-..',---" I' MARSHALL, DENNEHEY, WARNER, COLEMAN & GOG BY: MATTH L. 0 J.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 Attorney for Defendant Mary Anne Lard ... i"" ,'" ", - ~ ". CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Wamer, Coleman & Goggin, do hereby certify that on this j rL day of April, 2002, a true and correct copy of the foregoing document was served via u.S. first-class mail, postage pre-paid, as follows: Brian D. Rosenthal, Esquire ROSENTHAL & STRAUSS Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 _~IMAA ~ ~ . ~) ~~1M-\ SUSAN M. WILLIAMS '-;'''~,~_,~.,_?_= 1'_' 0 ,~~ "~ " 1 " --'I rr I~--' ,-. T' ~. ,_.Jm , "..,!!","-~ . '~ ~.~_,e".. _~, ~" ~,~~ " , 0< ""'Th"',",,_~ ... 0 0 0 c "'-, "l' s: ):>0 "U111 -0 n m'm ;;0 r";:;::' z:o I ".;'1, ~~ '-~J .r:- :~;t) ~,~ kC -0. ",. " .-,-"~ ~O ::r s~6 )>2 om ~ 0 ?6 \0 -< Es Gl/ .,- ~ 1J,lll!~,~,- Ll, ".' ~ ")ri!nllt'lJ[[~~~~,~~B-grfmr~p":r,1-~,'~irH"~,,,,7<1'r:" '-;:,1f;)~",;:l-'-"fS:' "'~'-"l""-';""!!"-'f,-I;~'o",F;<"i,>>\.-~n;~""p-_.,iti',"jl[!"l~"..H>'"~~\'-~'!:'?ii'~'!~lY'"0in"~iIJ , ~~ . . If AMANDA SCHAEFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6911 Civil Term JOHN and STEPHANIE REDCAY, MARY: ANNE LARD, JANICE M. JANJANIN, and COLIN M. LEIGHT, Defendants RULE AND NOW, this ~ay of {Jpf2-~ { ,2002, upon consideration of the foregoing Praecipe, a Rule is hereby issued upon the Plaintiff, Amanda Schaefer, to file a Complaint within twenty (20) days or suffer judgment of non pros. BY THE PROTHONOTARY: ,;. SEAL ~ '*-'_\-,;:UW;_~ ' , _.,J!IIi!iJ!lIIf .,. .'.,,- ,~. ':,_. I , . ~- ~ .. ~~ , , > -",","~' -,~' ~, ,.,-- ,., -."" )~,;.; ;1#"".'_'_'.,,00" "., .,,~ ~]r' - '"' -~, "~"'!-'('1j' ij~ 'f"~ - g 0 () N ""11 ::::. :D> "_--2 -pm -u ;~1;:: q:m :;;0. _:lJ I -~m ZS:; .:,:~< r:~) ~:i: ... L-'~ , '::::I(j ~C) 'U. ::-;:: :r' :!?:o :x c'J _1 ::.' (~~ 6:0 arit 'J>c ?6 ~ :::> <0 '"< cS 8Jj J~l7"1 ~ l~ "'"', r;~,<jf'j":O~ _, ~ ,_.~ _~I~~~!"N~!!i"I:l@;W:Wj';jjl,*~),>,~,')';"~W",iJ;>!r",,'-!" W_N""'_"'~i(;';:'c,""", -;]->'n:iJ.4jiB'ww."'$!li'f.W~"~,'I~~'*~F'1~"",*",,,,~'1K<Il'~;~':>ri'~1f<;l1~i\nI;WW: nr~ > ~ "<,- >~ - II I. ROSENTHAL & STRAUSS By: BRIAN D. ROSENTHAL, Esquire Identification No.: 26473 Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 (215)656..4100 Attorney for Plaintiff AMANDA SCHAEFFER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA -vs- JOHN AND STEPHANIE REDCAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT Defendants CIVIL TERM NO. 01-6911 COMPLAINT - CIVIL ACTION 2050 - MOTOR VEmCLE ACCIDENT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the court without further notice for any money claimed in the complaint or of 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. Lawyer Referral Service Cumberland County Bar Association Cumberland Law Journal 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ;1__,UiJ_;_~ _ _,J .- -%iV"".;v""<~,,,,~., '"' 'Ir~ 1. Plaintiff, Amanda Schaeffer is an individual residing at 35 Avemowe Court, Fairless Hills, PA 19030. 2. Defendants, John and Stephanie Redcay, are individuals residing at 130 Cedar Street, Carlisle, P A 17013 3. Defendant, Mary Anne Lard is an individual residing at 3460 Spripg Road, Carlisle, PA 17013. 4. Defendant, Janice M. Janjanin, is an individual residing at 1122 Fern Wood Avenue, Maple Shade, NJ 08052. 5. Defendant, Colin M. Leight, is an individual residing at 1122 Fern Wood Avenue, Maple Shade, NJ 08052. 6. Pursuant to the police report, at all times material hereto, defendant Stephanie Redcay was driving a 1988 Dodge Caravan, Pennsylvania Tag #JGP-298, which was owned by defendants John and Stephanie Redcay. (See Exhibit "A") 7. Pursuant to the police report, at all times material hereto, defendant, Mary Anne Lard was the owner and operator of a 1997 Mercury Villager, Pennsylvania Tag #ASl-9831. (See Exhibit "A") 8. Pursuant to the police report, at all times material hereto, defendant, Colin M. Leight was the driver of a 1995 Nissan Altima Tag # WT742 NJ, which was owned by defendant Janice M. Janjanin. (See Exhibit "A") 9. Pursuant to the police report, plaintiff Amanda Schaeffer was a front seat passenger in the motor vehicle driven by defendant, Colin M. Leight and owned by defendant Janice M. Janjanin. (See Exhibit "A"). 10. On or about December 9,1999, at approximately 8:09 a.m., on S. Hanover Street, at it's 2 <Ju" >~" - _ _0' ~ r; I: intersection with Walnut Street, Borough of Carlisle, Cumberland County, Pennsylvania, plaintiff Amanda Schaeffer was a front seat passenger, in the motor vehicle owned by defendant Janice M. Janjanin and being driven by defendant Colin M. Leight, southbound in the left hand lane, when it was caused to stop behind a vehicle waiting to make a left hand turn at the intersection with Walnut Street. Suddenly and without warning, the vehicle owned and operated by defendant, Mary Anne Lard, who had been violently struck in the rear by the vehicle driven by defendant Stephanie Redcay and owned by defendants John and Stephanie Redcay, did violently and negligently strike the vehicle operated by defendant Colin M. Leight, in which plaintiff Amanda Schaeffer was a front seat passenger, in the rear causing injuries to plaintiff Amanda Schaeffer, as hereinafter more fully set forth. WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees. COUNT I PLAINTIFF vs. DEFENDANTS. JOHN RECA Y and STEPHANIE REDCAY 11. Plaintiff incorporates herein by reference the allegations set forth in paragraphs I through 10, inclusive, as if set forth fully at length herein. 12. At the time and place of the aforesaid, the negligence, carelessness recklessness of the defendants consisted of the following: (a) defendant driver, Stephanie Redcay was operating said motor vehicle at a high and excessive rate of speed under the circumstances; (b) defendant driver, Stephanie Redcay failed to have said motor vehicle nnder proper and adequate control at the time; (c) defendant driver, Stephanie Redcay failed to observe a clear assured distance ahead; 3 -"'W,,-.~_ .'0 - ~" ."-', '-."'-"';:',.{ '''-'11 - --, ' (d) defendant driver, Stephanie Redcay's failure to give proper and sufficient warning of the approach of her vehicle; (e) defendant driver, Stephanie Redcay was operating said vehicle without due regard for the rights, safety and position of the plaintiff herein at the point aforesaid; (f) defendant driver, Stephanie Redcay's failure to keep a proper lookout; (g) defendant driver, Stephanie Redcay's failure to apply the brakes of the vehicle in such a manner that it could be stopped in time to avoid a collision; (h) defendant driver, Stephanie Redcay's failure to exercise care and diligence in the operation of said vehicle so as to avoid a collision; (i) defendant driver, Stephanie Redcay's operating said vehicle in violation of the Ordinances of Cumberland County, and the Statutes of the Commonwealth of Pennsylvania; G) defendant driver, Stephanie Redcay failure to stop her vehicle to avoid a collision, causing injuries to plaintiff; (k) negligence at law; and (1) such other acts or failures to act which may constitute negligence as shall become apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the trial of this cause. 13. As a direct and proximate result of the negligence, carelessness and recklessness of the defendant, Stephanie Redcay as herein above described, plaintiff Amanda Schaeffer was caused to suffer severe injuries to her body and extremities, including but not limited to cervical acceleration deceleration injury, injury to her lower back, right neck and shoulder pain with limitation of lateral rotation, treatment of cortisone and lidocaine injections to right trapezius, cervical sprain and strain, lumbar strain and sprain together with severe shock to her nerves and nervous system, neck injuries, 4 ",,,~~--- ,.", <~ :~'TI(''''"'''"''' H~"-' Ii I' ":'-~, , I, head injuries and traumatic injuries to her legs together with a severe shock to her nerves by reason of which she is rendered sick, sore, lame, prostrate and disordered and was made to undergo great mental anguish and physical pain and as a result of which she has suffered, yet suffers and will continue to suffer for an indefinite time in the future. 14. Plaintiff has suffered serious impairment of a bodily function and/or permanent serious disfigurement as a result of the negligence of Defendant. 15. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend large and various sums of money for medicine and medical attention and she will be required to expend large sums of money of the same purpose in the future. 16. As a direct and proximate result of the negligence of the Defendant as described in the preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a loss of earnings and earning capacity, to her great financial damage and expense. WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees. COUNT II PLAINTIFF v. DEFENDANT. MARY ANNE LARlJ) 17. Plaintiff incorporate herein by reference the allegations set forth in paragraphs 1 through 16, inclusive, as if set forth fully at length herein. 18. At the time and place of the aforesaid, the negligence, carelessness recklessness of the defendant consisted of the following: (a) failing to have said motor vehicle nnder proper and adequate control at the time; (b) failing to observe a clear assured distance ahead; 5 . - c-. 'r,..''',''''" - ~ ,." ,','/~_", ,c."' ,re 1--- . .' , " ~ -- ~~,,- i+"Y'-"~,,,,,,,- -!I I I (c) failure to give proper and sufficient warning of the approach of her vehicle; (d) failure to operate said vehicle without due regard for the rights, safety and position of the plaintiff herein at the point aforesaid; (e) failing to keep a proper lookout; (f) failing to apply the brakes of the vehicle in such a manner that it could be stopped in time to avoid a collision; (g) failing to exercise care and diligence in the operation of said vehicle so as to avoid a collision; (h) operating said vehicle in violation of the Ordinances of Cumberland Connty, and the Statutes of the Commonwealth of Pennsylvania; (i) failed to have proper and adequate control of her vehicle in order to avoid a collision, causing injuries to plaintiff; G) negligence at law; and (k) such other acts or failures to act which may constitute negligence as shall become apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the trial of this cause. 19. As a direct and proximate result of the negligence, carelessness and recklessness of the defendant as herein above described, plaintiff Amanda Schaeffer was caused to suffer severe injuries to her body and extremities, including but not limited to cervical acceleration deceleration injury, injury to her lower back, right neck and shoulder pain with limitation of lateral rotation, treatment of cortisone and lidocaine injections to right trapezius, cervical sprain and strain, lumbar strain and sprain together with severe shock to her nerves and nervous system, neck injuries head injuries and traumatic injuries to her legs together with a severe shock to her nerves by reason of which she is rendered sick, sore, lame, 6 "'-'""" ,._"..~-:;-.~- - ,., - prostrate and disordered and was made to nndergo great mental anguish and physical pain and as a result of which she has suffered, yet suffers and will continue to suffer for an indefinite time in the future. 20. Plaintiff has suffered serious impairment of a bodily function and/or permanent serious disfigurement as a result of the negligence of Defendant. 21. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend large and various sums of money for medicine and medical attention and she will be required to expend large sums of money of the same purpose in the future. 22. As a direct and proximate result of the negligence of the Defendant as described in the preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a loss of earnings and earning capacity, to her great financial damage and expense. WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees. COUNT III PLAINTIFF v. DEFENDANT. COLIN M. LEIGHT. 23. Plaintiff incorporate herein by reference the allegations set forth in paragraphs 1 through 22, inclusive, as if set forth fully at length herein. 24. At the time and place of the aforesaid, the negligence, carelessness recklessness of the defendant consisted ofthe following: (a) failure to exercise due care with regard to the front-seat passenger, who was in the vehicle he was operating; (b) failing to have said motor vehicle under proper and adequate control at the time; 7 - ',,,,,,,,---.,-,,,,,,-,,,>',,., ""e;. 'I (c) failing to observe a clear assured distance ahead; (d) failure to operate said vehicle without due regard for the rights, safety and position of the plaintiff herein at the point aforesaid; (e) failing to keep a proper lookout with regard to the safety and well being of his front seat passenger, who was in the vehicle he was driving; (t) failing to exercise care and diligence in the operation of said vehicle so as to avoid a collision; (g) operating said vehicle in violation of the Ordinances of Cumberland Connty, and the Statutes of the Commonwealth of Pennsylvania; (h) failed to avoid a collision, causing injuries to plaintiff; (i) negligence at law; and G) such other acts or failures to act which may constitute negligence as shall become apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the trial of this cause. 25. As a direct and proximate result of the negligence, carelessness and recklessness of the defendant as herein above described, plaintiff Amanda Schaeffer was caused to suffer severe injuries to her body and extremities, including but not limited to cervical acceleration deceleration injury, injury to her lower back, right neck and shoulder pain with limitation of lateral rotation, treatment of cortisone and lidocaine injections to right trapezius, cervical sprain and strain, lumbar strain and sprain together with severe shock to her nerves and nervous system, neck injuries head injuries and traumatic injuries to her legs together with a severe shock to her nerves by reason of which she is rendered sick, sore, lame, prostrate and disordered and was made to nndergo great mental anguish and physical pain and as a result 8 _ __d" if' '--. ~.~ I I! I' I of which she has suffered, yet suffers and will continue to suffer for an indefinite time in the future. 26. Plaintiff has suffered serious impairment of a bodily function and/or permanent serious disfigurement as a result of the negligence of Defendant. 27. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend large and various sums of money for medicine and medical attention and she will be required to expend large sums of money of the same purpose in the future. 28. As a direct and proximate result of the negligence of the Defendant as described in the preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a loss of earnings and earning capacity, to her great financial damage and expense. WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees ROSENTHAL & STRAUSS D. ROSENTHAL , A""~y '" Mm_ "i ~4rV BY: 9 '"""-'----,--,,,,,, . . V E R I FIe A T ION AM.Ulnn ~(,HAEFER , Plaintiff herein, makes this verification and states that the statements made in_the foregoing pleading~are true and correct to the best~of m:1il/her knowledge, information and belief. The undersigned understands that the statement5 therein are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904 relating to unsworn falsification to authorities. /~di/~~ DATED: Apri 1 17, 2002 .~" "",,.n~ '.., ,~,~,.,,__',_~'_ ~.~, ".".t ~_ "~,<,"I,,,,,,,^_"~"'" ..~ J;. ,."",,,,",,,;--~,,..~~ ~,.". ~i" "j r~l\IlllV 0 0 () C ~'.: " -,... ~ -U ~;i" "'(1 rn '0 -- "'::.. ~!--; -- Z ;:~.J cr', 'D -< ~:1'~ r~'. ''''CJ ~:; -. -p ~?: C) --" ':~ F; ;:..:;: (:;~ ".) S rn ,- ." Z ">,- ~ r:- :0 ,,:;> -< t;5 BI! "-"~~: ~~!!!mfiJiJi!W""w~r"'__",~";.k'ii'.1].'";'!'";;"$6 ''''~~'';'' ,;,,-oj,J"\!il'~'''j-e~,,~&W'-,~''l!~i~;;<!!'f''ml,>>p.r;:g0,~1ili!:'!~'~~ fiX" John R. Ninosky, Esquire LD. #76000 GO:LDBBRG, RA'rDmN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Redclay , AMANDA SCHAEFFER, Plaintiff vs. JOHN AND STEPHANIE REDCLAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.. 01-6911 CHRISTOPHER HOLLISTER and NO. PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendants, John and Stephanie Redclay, in the above- captioned matter. DATE: April 22, 2002 77028.1 .-,"- _, .e" _ 'r .-_.;_, ",_ ,. "., : ~' ..' -'-'-l GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~ /I-N~ Joh . Ninosky, Esqulre Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Redclay "~ , ,-- , ,,,.-. .~" . ,~_-, .-1"""-_ ,- "/", '- '-,;~ '- ",_'~0, c',J'('-',-,- r , 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 ()J.1!!f day of 4;; , 2002, addressed to the following: Brian D. Rosenthal, Esquire Rosenthal & strauss Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 17103 GOLDBERG, KATZMAN & SHIPMAN, P.C. BYJo:l~in~~~ P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Plaintiff Telephone: (717) 234-4261 i<1JJllWiJ!' ,f -"Fe-- 'oo", ,."" ,- c ~ '-", ,,---'!,~- , I :-,~,," .'c ,-,~ c , ~'_",.?-->-, ~.---, "W"',,, ',,-- " ..,." "- .:to." " . ,'".-. , >, >" ,,'--~ , .-/,.;-- "r__' - =, = ." '.' ',1' -', ~;..~C .-; '-"o"ij',.;-'i'C:,-'_O; no" .' (, -' ",C' .'0'..," ,nO' "'''''''-''''fhi"''rtrfll' Of:}" j'''r-f~':':h!~.Sf-'~' (") C" :t.':;':;; L1i'1--~ 92[i.~ i3 ~~~-~- 35C~ <C) y;;o c: 2: :;::1 , a l\J ~,. Ci ::-:; 1''0 C, '::.) (....:~ y , - " ,-, hYF,'~'r.:- ,"J~~_~-L ~_:]\1 .""l'r":;" -'~--,--<,_-.lil~'~l.~_~~J~_U.,,, !Jnoo ,.]:~1,~~ ''f''''''' - AMANDA SCHAEFFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JOHN AND STEPHANIE REDCAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT, Defendants NO.. 01-6911 ORDER AND NOW, this day of , 2002, upon consideration of the Preliminary Objections of Defendants John and Stephanie Redcay, and Plaintiff's response thereto, it is hereby ordered that Defendants' Preliminary Objections are GRANTED. The alleged cause of action against John Redcay is DISMISSED WITH PREJUDICE. Paragraph 12(1), (k), and (l) are hereby STRICKEN from Plaintiff's Complaint. Additionally, Plaintiff's reference to suffering, including but not limited to: injury to her lower back, right neck, neck injuries, head injuries and traumatic injuries to her legs are STRICKEN from Plaintiff's Complaint. BY THE COURT: J. i'\_~ -.~' ". ~"'"!Z.", ,-",-~ ,'O,;! -~-,-, , '. ""I ",". , " '" " . . ~-",. .._---,~,~,."'>;-- . .~r .~'" .. .. ..' , C", John R. Ninosky, Esquire 1.D. #78000 GOLDBERG, KA~ZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Redclay AMANDA SCHAEFFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JOHN AND STEPHANIE REDCAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT, Defendants NO.. 01-6911 PRELIMINARY OBJECTIONS OF DEFENDANTS JOHN AND STEPHANIE REDCAY AND NOW, come Defendants John and Stephanie Redcay, by and through their counsel, Goldberg, Katzman & Shipman, P.C., who file these Preliminary Objections by respectfully stating the following: 1. Plaintiff filed a Complaint on April 19, 2002. 2. This matter allegedly arises from an automobile accident which occurred on December 9, 1999, at the intersection of South Hanover Street and Walnut Street in the Borough of Carlisle. (See Plaintiff's Complaint Paragraph 10). "i'"",~;!')._ ,cf"S>;;-c'.." ,,"-':'~"'~\'~-,,- - -" -~,',', 1:' "f--- _L.~",,__ - '.'., ,., <-""'-,0-__' --.-=---, '.- 3. Plaintiff alleges that this chain reaction occurred when a vehicle owned by Mr. and Mrs. Redcay, and operated by Mrs. Redcay, struck a vehicle owned and operated Defendant Mary Ann Lard. The Lard vehicle then struck a vehicle owned by Defendant Janice M. Janjanin, and which was being operated by Defendant Colin Leight. Plaintiff was allegedly a front seat passenger in the vehicle operated by Mr. Leight. (See Plaintiff's Complaint Paragraph 10) . 4. The only allegation concerning Mr. Redcay is that he was a co-owner of the vehicle operated by his wife at the time of the accident. 5. There is no allegation of negligence concerning Mr. Redcay. 6. concerning the allegations of negligence against Mrs. Redcay, Plaintiff alleges, inter alia, the following in Paragraph 12 of the Complaint: At the time and place of the aforesaid, the negligence, carelessness (sic) recklessness of the defendants consisted of the following: i) defendant driver, Stephanie Redcay's operating said vehicle in violation of the Ordinances of Cumberland County, and the Statutes of the Commonwealth of Pennsylvania; 2 I '-'~"" "_.H>"" ''':-,lc -~- ..- ~., ~ ~"_"'~cl'" '. -.- .~ ',- _ -, - - ",,,,. H- ,e". _ __,~. . ~~ 'C" u_ -'_'_"__'_0'_ _. " h-,"1" k) negligence at law; and 1) such other acts or failures to act which may constitute negligence as shall become apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the trial of this cause. 7. Paragraph 13 of the Complaint states in part: As a direct and proximate result of the negligence, carelessness recklessness of the defendant Stephanie Redcay as herein described, plaintiff Amanda Schaeffer was caused to suffer severe injuries to her body and extremities, including by limited to cervical acceleration deceleration injury, injury to her lower back, right neck and shoulder pain with limitation of lateral rotation, treatment of cortisone and lidocaine injections to right trapezius, cervical sprain and strain, lumbar strain and sprain together with severe shock to her nerves and nervous system, neck injuries, head injuries and traumatic injuries to her legs together with severe shock to her nerves by reason of which she is rendered sick, sore, lame, prostrate and disordered... 8. pennsylvania Rule of Civil Procedure 1028 governs Preliminary Objections. 9. Pennsylvania Rule of Civil Procedure 1028 (a) (4) states, "Preliminary Objections may be filed by any party to any pleading and are limited to the following grounds: legal insufficiency of a pleading (demurrer)." 3 ~"'l" . A",--;~"';-, ,,~ "'"'!"J:"~' '" --~-, 1,' -,'c'c''':"'''' '. ,c<'-l ~__-7'" "., - -',,- , '."_~l _,~_ N .",-'- -.__,1, _ _ -"'--eo',,_ ,-., _. ." ," . __~,_,__ .~ -~'-,- ." > - - ~- :.~" ".- 10. Plaintiff has alleged no facts which support a viable cause of action against John Redcay. Thus, it is respectfully submitted that a demurrer should be entered pursuant to Pa.R.C.P. 1028 (a) (4) concerning Plaintiff's cause of action against Defendant John Redcay. 11. Pennsylvania Rule of Civil Procedure 1028 (a) (3) states, "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: insufficient specificity of a pleading." 12. It is respectfully submitted that Paragraph 12 (I) , (k) , and (1) are insufficient specific. Therefore it is respectfully submitted that Paragraph 12(1), (k), and (1) should be stricken from Plaintiff's Complaint. 13. Additionally, it is respectfully submitted that Plaintiff's reference to suffering, including but not limited to: injury to her lower back, right neck, neck injuries, head injuries and traumatic injuries to her legs lack sufficient specificity. Therefore, it is respectfully submitted that these portions of Paragraph 13 should be stricken from Plaintiff's Complaint. 4 ':'~~l~ ~.,,_ -'.'" ,,< .,"i"__'~"",';)<; -'.~'; .'r I" .. . 0__ '-"~-';- . -"' .,-,c. .. ~~._".-- '. ..,'...,r:"~.'1,"__ ,r , '. ",1_ r...~__ _, " ~:"J WHEREFORE, Defendants John and Stephanie Redcay respectfully request that this Honorable Court grant their Preliminary Objections to Plaintiff's Complaint. Specifically, Defendants respectfully request that a demurrer be entered to the cause of action alleged against John Redcay. Further, it is respectfully requested that Paragraph 12 (I), (k), and (1) be stricken from Plaintiff's Complaint. Moreover, it is respectfully requested that Plaintiff's reference to suffering, including but not limited to: injury to her lower back, right neck, neck injuries, head injuries and traumatic injuries to her legs be stricken from Plaintiff's Complaint. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~~ ~ Alut~/f- Joh R. NlnosKy, Esqui Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Redclay DATE: If IJ6(DJ- 5 'X~J,Will._," "'~'-'" .C' 'j"~ -''1-,- ;"'~,-.'" ~'T y .", \~. , . C -'<- ___"C'"'/, . [IJLr~>u - 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 ~ ' 2002, addressed to the following: Brian D. Rosenthal, Esquire Rosenthal & Strauss Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 Matthew L. Owens, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 GOLDBERG, KATZMAN & SHIPMAN, P.C. BYJO~i!~ P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Plaintiff Telephone: (717) 234-4261 i-::~~~:",!~,,~--:,",,-,'T, ",'},"'_;_:" """,,' ""':-"~_'Y'_;_'-'~'" -{,7-. r--"" _ _", >C ^ ,'__',"~ '" "d-_ > ,", ,- -'-'- " ",' C' '~--" ,~" -- ,"0,' "'-',~ ^ ,--! " ',-,~''-'~,'''-''C_'_ fl.. ,""_,,,. ,~, 'J~p',-",~~-: ~. ~, ,,~,- '1'" - W~~~"",," ." ~-,. - . ~~ ,~..,-" ~'~_~L_;'''''~'_~ l'",<,< '-';"--..;'" ,- '- "'~'f'i..P'W".&':"I-,"';W,,'.rn-"'-rnmn'j~:tt~--''ft!G:;-'''''B (' ~i- ~', ~;"-\i-:: >f.;;,;;:.c (/~'~ ,:e ~:" ~:t~ ......:. :2 ;,,~, ....,t;< .~,--., "..::-? ? tJ'l JI..s ~I! -'rJ~~ <JZE!fr;~~:~~~, ~~ - _,:ltl.~~~':I,_':~' ~_",:,"___~T'~:_:;~,' '1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) . TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argunent Ca\.Irt. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) AMANDA SCHAEFFER (plaintiff) vs. JOlIN ana STEPlIANIE REDCAY, and Ii!RY' AlINE LARD and JANICE M. JANJANIN and COLIN M. LIGHT, (Defendant) No. 01 Civil 6qll 19 1. State matter to be argued (Le.. plaintiff's notion for new trial. defendant's danrn:rer to canplaint. etc.): Preliminary Objections of Defendants John and Stephanie Redcay 2. Identify counsel who will argue case: (a) for plaintiff: Address : Brian D. Rosentha1, Esquire Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 John R. Ninosky, Esquire GOLDBERG, KATZKAJiI & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (b) for defendant: Address: 3. I will notify all parties in writing within t'No days that this case has been listed for argunent. 4. ArgI.Jnent Court Date: May 22, 2002 ~ ~~~RedCaY Dated: "'~$"~1_ ,;,.-,-~;, "--~, -, _ ". '"",- , ,~~ "tt.. , , '" ~ . ~ - ~~, :ttr-"-""' - ~ .~- . 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 ~ , 2002, addressed to the following: Brian D. Rosenthal, Esquire Rosenthal & Strauss Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 Matthew L. Owens, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 GOLDBERG, KATZMAN & SHIPMAN, P.C. By J2+ N1!j{~ire P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Plaintiff Telephone: (717) 234-4261 t~~\13JU~iL, __7_~ 4_W'-;,,~,"' -~,-~ r/ ,":",~"___"o:::-, ol~ '-.- ~"'--- . -7_',.~"",-,_, .. - -", .~. , ,-, , , , , - .", .. " _~ __H~_._ I!~f n _ _'1 J7", ~~'--';i"j","" ,~!!l!I}___ ),_J1_LJ"l~W~l),,!1!'__;__ "-, .,,"""--. ",'~ ~ ,- " -, ~~,... -- H._' . H. ,. -cURr~~.lrnI1n .y ,.~.l~'-t*t,!>I'~r""1'~TI!.w,"""_,,,, . . r, ('::' ..-., ,,' ~."'.,. to 1,,::) :."") (.n El;j mOm? !i,~:~-,~':n:~~~~t_ ;,"-' &,-,,,., ROSENTHAL & STRAUSS By: BRIAN D. ROSENTHAL, Esquire Identification No.: 26473 Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 (215)656-4100 Attorney for Plaintiff AMANDA SCHAEFFER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA -vs- JOHN AND STEPHANIE REDCAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT Defendants CIVIL TERM NO. 01-6911 AMENDED COMPLAINT - CIVIL ACTION 2050 - MOTOR VEmCLE ACCIDENT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the court without further notice for any money claimed in the complaint or of 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. Lawyer Referral Service Cumberland County Bar Association Cumberland Law Journal 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 :,C,'"}' ,r-.",'_'", ';:;;"'_.l""' ~- ._~ 1\ 1. Plaintiff, Amanda Schaeffer is an individual residing at 35 Avemowe Court, Fairless Hills, PA 19030. 2. Defendants, John and Stephanie Redcay, are individuals residing at 130 Cedar Street, Carlisle, PA 17013 3. Defendant, Mary Anne Lard is an individual residing at 3460 Spring Road, Carlisle, P A 17013. 4. Defendant, Janice M. Janjanin, is an individual residing at 1122 Fern Wood Avenue, Maple Shade, NJ 08052. 5. Defendant, Colin M. Leight, is an individual residing at 1122 Fern Wood Avenue, Maple Shade, NJ 08052. 6. Pursuant to the police report, at all times material hereto, defendant Stephanie Redcay was driving a 1988 Dodge Caravan, Pennsylvania Tag #JGP-298, which was owned by defendants John and Stephanie Redcay. (See Exhibit "A") 7. Pursuant to the police report, at all times material hereto, defendant, Mary Anne Lard was the owner and operator of a 1997 Mercury Villager, Pennsylvania Tag #ASZ-9831. (See Exhibit "A") 8. Pursuant to the police report, at all times material hereto, defendant, Colin M. Leight was the driver ofa 1995 Nissan Altima Tag # WT742 NJ, which was owned by defeNdant Janice M. Janjanin. (See Exhibit "A") 9. Pursuant to the police report, plaintiff Amanda Schaeffer was a seatbelted, front seat passenger in the motor vehicle driven by defendant, Colin M. Leight and owned by defendant Janice M. Janjanin. (See Exhibit "A"). 10. On or about December 9,1999, at approximately 8:09 a.m., on S. Hanover Street, at it's 2 ,'><P_:, ,11\1 '<,~, '1''''''''''' _'0__,.,__, - 1);1"= " I' " intersection with Walnut Street, Borough of Carlisle, Cumberland Connty, Pennsylvania, plaintiff Amanda Schaeffer was a front seated passenger wearing her seatbelt, in the motor vehicle owned by defendant Janice M. Janjanin and being driven by defendant Colin M. Leight, southbound in the left hand lane, when it was caused to stop behind a vehicle waiting to make a left hand turn at the intersection with Walnut Street. Suddenly and without warning, the vehicle owned and operated by defendant, Mary Anne Lard, who had been violently struck in the rear by the vehicle driven by defendant Stephanie Redcay and owned by defendants John and Stephanie Redcay, did violently and negligently strike the vehicle operated by defendant Colin M. Leight, in which plaintiff Amanda Schaeffer was a front seat passenger, in the rear causing injuries to plaintiff Amanda Schaeffer, as hereinafter more fully set forth. WHEREFORE, Plaintiffs demand judgment against defendants in a sum in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees. COUNT I PLAINTIFF vs. DEFENDANT. STEPHANIE REDCAY II. Plaintiff incorporates herein by reference the allegations set forth in paragraphs 1 through 10, inclusive, as if set forth fully at length herein. 12. At the time and place ofthe aforesaid, the negligence, carelessness recklessness of the defendant consisted of the following: (a) defendant driver, Stephanie Redcay was operating said motor vehicle at a high and excessive rate of speed under the circumstances; (b) defendant driver, Stephanie Redcay's failing to have said motor vehicle under proper and adequate control at the time; (c) defendant driver, Stephanie Redcay's failing to observe a clear assured distance 3 ';(';~l,_ J!ID "c,_, , -'-''';''~f.-''''! -,,.-<,,,-,",' , - i;;{"~' ,,~,- 'I I , ahead; (d) defendant driver, Stephanie Redcay's failure to give proper and sufficient warning of the approach of her vehicle; (e) defendant driver, Stephanie Redcay's failure to operate said vehicle without due regard for the rights, safety and position of the plaintiff herein at the point aforesaid; (t) defendant driver, Stephanie Redcay's failing to keep a proper lookout; (g) defendant driver, Stephanie Redcay's failing to apply the brakes of the vehicle in such a manner that it could be stopped in time to avoid a collision; (h) defendant driver, Stephanie Redcay's failing to exercise care and diligence in the operation of said vehicle so as to avoid a collision; (i) defendant driver, Stephanie Redcay's operating said vehicle in violation of the Ordinances of Cumberland County, and the Statutes of the Commonwealth of Pennsylvania; G) defendant driver, Stephanie Redcay failed to stop her vehicle to avoid a collision, causing injuries to plaintiff; (k) negligence at law; and (1) such other acts or failures to act which may constitute negligence as shall become apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the trial of this cause. 13. As a direct and proximate result of the negligence, carelessness and recklessness of the defendant, Stephanie Redcay as herein above described, plaintiff Amanda Schaeffer was caused to suffer severe injuries to her body and extremities, including but not limited to cervical acceleration deceleration injury, cervical sprain and strain, lumbar strain and sprain, low back strain and strain radiating into her legs, right neck strain and sprain, right shoulder sprain with limitation of lateral 4 ;ff"~- '''',,,,"'-1--0' ., 'II ""~ rotation, treatment of cortisone and lidocaine injections to right trapezius" ligament right neck and shoulder strain and sprain, together with severe shock to her nerves and nervous system, by reason of which she is rendered sick, sore, lame, prostrate and disordered and was made to nndergo great mental anguish and physical pain and as a result of which she has suffered, yet suffers and will continue to suffer for an indefinite time in the future. 14. Plaintiff has suffered serious impairment of a bodily function and/or permanent serious disfigurement as a result of the negligence of Defendant. 15. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend large and various sums of money for medicine and medical attention and she will be required to expend large sums of money of the same purpose in the future. 16. As a direct and proximate result of the negligence of the Defendant as described in the preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a loss of earnings and earning capacity, to her great financial damage and expense. WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees. COUNT II PLAINTIFF vs. DEFENDANT. JOHN REDCAY 17. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 16 inclusive of this Complaint as though the same were set forth herein at length. 18. At the time of the aforesaid, the negligence, carelessness and recklessness of defendant, John Redcay consisted of the following: (a) . Negligently entrusted his vehicle to an individual who he knew or should have 5 - "~"<,r-':F,. ',J<", -";-"':," ;, i-"" , _"",_,__i'.._' ,- ;'(i'"-'-/,"-'''~~ ,. -- . " known had a propensity for operating vehicles at a high and excessive rate of speed; (b) Negligently entrusted his vehicle to an individual who he knew or should have known had a propensity for failing to have the said vehicle under proper and adequate control at the time; (c) Negligently entrusted his vehicle to an individual who he knew or should have known had a propensity for failing to observe a clear, assured distance ahead; (d) Negligent entrusted his vehicle to an individual who he knew or should have known had a propensity for failing to give proper and sufficient warning of the approach of his vehicle; (e) Negligently entrusted his vehicle to an individual who he knew or should have known had a propensity for operating said vehicle without the due regard for the rights, safety and position of the Plaintiff herein at the point aforesaid; (f) Negligently entrusted his vehicle to an individual who he lmewor should have known had a propensity for operating said vehicle in violation of the Ordinances of Cumberland County, and the Statutes of the Commonwealth of Pennsylvania; (g) Negligently entrusted his vehicle to an individual who he knew or should have known had a propensity for failing to observe a traffic signal; (h) Negligently entrusted his vehicle to an individual who he knew or should have known had a propensity for failing to stop for such traffic signals; (i) Negligently entrusted his vehicle to an individual who he knew or should have known had a propensity for negligence of law; and G) Negligently entrusted his vehicle to an individual who he knew or should have known had a propensity for other acts or failures to act which may constitute negligence as shall become apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the 6 ',f.'..,J""".- ,.~' ,~, "" . '..' ;\ II trial ofthis case. 19. As a direct and proximate result of the negligence, carelessness and recklessness of the defendant, Stephanie Redcay as herein above described, plaintiff Amanda Schaeffer was caused to suffer severe injuries to her body and extremities, including but not limited to cervical acceleration deceleration injury, cervical sprain and strain, lumbar strain and sprain, low back strain and strain radiating into her legs, right neck strain and sprain, right shoulder sprain with limitation of lateral rotation, treatment of cortisone and lidocaine injections to right trapezius" ligament right neck and shoulder strain and sprain, together with severe shock to her nerves and nervous system, by reason of which she is rendered sick, sore, lame, prostrate and disordered and was made to nndergo great mental anguish and physical pain and as a result of which she has suffered, yet suffers and will continue to suffer for an indefinite time in the future. 20. Plaintiff has suffered serious impairment of a bodily function and/or permanent serious disfigurement as a result of the negligence of Defendant. 21. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend large and various sums of money for medicine and medical attention and she will be required to expend large sums of money of the same purpose in the future. 22. As a direct and proximate result of the negligence of the Defendant as described in the preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a loss of earnings and earning capacity, to her great financial damage and expense,. WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees. 7 ," ...W.' -I, COUNT III PLAINTIFF v. DEFENDANT. MARY ANNE LARD 23. Plaintiff incorporate herein by reference the allegations set forth in. paragraphs 1 through 22, inclusive, as if set forth fully at length herein. 24. At the time and place of the aforesaid, the negligence, carelessness recklessness of the defendant consisted of the following: (a) operating said motor vehicle at a high and excessive rate of speed under the circumstances; (b) failing to have said motor vehicle nnder proper and adequate control at the time; (c) failing to observe a clear assured distance ahead; (d) failure to give proper and sufficient warning of the approach of her vehicle; (e) failure to operate said vehicle without due regard for the rights, safety and position of the plaintiff herein at the point aforesaid; (f) failing to keep a proper lookout; (g) failing to apply the brakes of the vehicle in such a manner that it could be stopped in time to avoid a collision; (h) failing to exercise care and diligence in the operation of said vehicle so as to avoid a collision; (i) operating said vehicle in violation of the Ordinances of Cumberland Connty, and the Statutes of the Commonwealth of Pennsylvania; G) failed to stop her vehicle to avoid a collision, causing injuries to plaintiff; (k) negligence at law; and (1) such other acts or failures to act which may constitute negligence as shall become 8 '0j':at:P1n,~",""'f-"" F~'"" ',"eO' "- ~- - !I 'I , apparent during the course of discovery pursuant to the Pennsylvania Ru1es of Civil Procedure or at the trial of this cause. 25. As a direct and proximate result of the negligence, carelessness and recklessness of the defendant, as herein above described, plaintiff Amanda Schaeffer was caused to suffer severe injuries to her body and extremities, including but not limited to cervical acceleration deceleration injury, cervical sprain and strain, lumbar strain and sprain, low back strain and strain radiating into her legs, right neck strain and sprain, right shou1der sprain with limitation of lateral rotation, treatment of cortisone and lidocaine injections to right trapezius" ligament right neck and shou1der strain and sprain, together with severe shock to her nerves and nervous system, by reason of which she is rendered sick, sore, lame, prostrate and disordered and was made to undergo great mental anguish and physical pain and as a resu1t of which she has suffered, yet suffers and will continue to suffer for an inde[mite time in the future 26. Plaintiff has suffered serious impairment of a bodily function and/or permanent serious disfigurement as a result of the negligence of Defendant. 27. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend large and various sums of money for medicine and medical attention and she will be required to expend large sums of money of the same purpose in the future. 28. As a direct and proximate result of the negligence of the Defendant as described in the preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a loss of earnings and earning capacity, to her great financial damage and expense. WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees. 9 , - '~;~"--J,,,~ '_-e:, __, ,_ , -""""'" c""'"^"'="""'" )p', <T COUNT IV PLAINTIFF v. DEFENDANT. COLIN M. LEIGHT 29. Plaintiff incorporate herein by reference the allegations set forth i1'l paragraphs 1 through 28, inclusive, as if set forth fully at length herein. 30. At the time and place of the aforesaid, the negligence, carelessness recklessness of the defendant consisted of the following: ( a) failure to exercise due care with regard to the front-seat passenger, who was in the vehicle he was operating (b) failing to have said motor vehicle under proper and adequate control at the time; (c) failing to observe a clear assured distance ahead; (d) failure to give proper and sufficient warning of the approach of her vehicle; (e) failure to operate said vehicle without due regard for the rights, safety and position of the plaintiff herein at the point aforesaid; (t) failing to keep a proper lookout with regard to the safety and well being of his front seat passenger, who was in the vehicle he was driving; (g) failing to exercise care and diligence in the operation of said vehicle so as to avoid a collision; (h) operating said vehicle in violation of the Ordinances of Cumberland County, and the Statutes of the Commonwealth of Pennsylvania; (i) failed to avoid a collision, causing injuries to plaintiff; G) negligence at law; and (k) such other acts or failures to act which may constitute negligence as shall become apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the 10 - "p'.;_""o.;,-,~"", ^ :j.!f~_L,____~U T~II i1 trial of this cause. 31. As a direct and proximate result of the negligence, carelessness and recklessness of the defendant, as herein above described, plaintiff Amanda Schaeffer was caused to suffer severe injuries to her body and extremities, including but not limited to cervical acceleration deceleration injury, cervical sprain and strain, lumbar strain and sprain, low back strain and strain radiating into her legs, right neck strain and sprain, right shoulder sprain with limitation of lateral rotation, treatment of cortisone and lidocaine injections to right trapezius" ligament right neck and shoulder strain and sprain, together with severe shock to her nerves and nervous system, by reason of which she is rendered sick, sore, lame, prostrate and disordered and was made to nndergo great mental anguish and physical pain and as a result of which she has suffered, yet suffers and will continue to suffer for an indefmite time in the future. 32. Plaintiff has suffered serious impairment of a bodily function and/or permanent serious disfigurement as a result of the negligence of Defendant. 33. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend large and various sums of money for medicine and medical attention and she will be required to expend large sums of money of the same purpose in the future. 34. As a direct and proximate result of the negligence of the Defendant as described in the preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a loss of earnings and eaming capacity, to her great financial damage and expense. WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees. 11 -, . - J,,-: ~.'_\n'," _- - -,"oj '.'.-~ '~o"-,"' ~ .. ~ ' " I: COUNT V PLAINTIFF v. DEFENDANT. JANICE M. JANJANIN 35. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 34 inclusive of this Complaint as though the same were set forth herein at length. 36. At the time of the aforesaid, the negligence, carelessness and recklessness of defendant, Janice M. Janjanin consisted of the following: (a) Negligently entrusted his vehicle to an individual who he knew or should have known had a propensity for failing to have the said vehicle under proper and adequate control at the time; (b) Negligently entrusted her vehicle to an individual who he knew or should have known had a propensity for failing to observe a clear, assured distance ahead; (c) Negligently entrusted her vehicle to an individual who she knew or should have known had a propensity for failing to give proper and sufficient warning of the approach of his vehicle; (d) Negligently entrusted her vehicle to an individual who she knew or should have known had a propensity for operating said vehicle without the due regard for the rights, safety and position of the Plaintiff herein at the point aforesaid; (e) Negligently entrusted her vehicle to an individual who she knew or should have known had a propensity for operating said vehicle in violation of the Ordinances of Cumberland County, and the Statutes of the Commonwealth of Pennsylvania; (f) Negligently entrusted her vehicle to an individual who she knew or should have known had a propensity for negligence of law; and (g) Negligently entrusted her vehicle to an individual who she knew or should have known had a propensity for other acts or failures to act which may constitute negligence as shall become 12 - :.", ,e_-'""._M " '1 apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the trial of this case. 37. As a direct and proximate result of the negligence, carelessness and recklessness of the defendant, as herein above described, plaintiff Amanda Schaeffer was caused to suffer severe injuries to her body and extremities, including but not limited to cervical acceleration deceleration injury, cervical sprain and strain, lumbar strain and sprain, low back strain and strain radiating into her legs, right neck strain and sprain, right shoulder sprain with limitation of lateral rotation, treatment of cortisone and lidocaine injections to right trapezius" ligament right neck and shoulder strain and sprain, together with severe shock to her nerves and nervous system, by reason of which she is rendered sick, sore, lame, prostrate and disordered and was made to undergo great mental anguish and physical pain and as a result of which she has suffered, yet suffers and will continue to suffer for an indefinite time in the future. 38. Plaintiff has suffered serious impairment of a bodily function and/or permanent serious disfigurement as a result ofthe negligence of Defendant. 39. Plaintiff has been compelled, in order to effect a cure of the aforesaid injuries, to expend large and various sums of money for medicine and medical attention and she will be required to expend large sums of money of the same purpose in the future. 40. As a direct and proximate result of the negligence of the Defendant as described in the preceding paragraphs of this Complaint, Plaintiff has been and may continue to be prevented from attending to her usual activities, duties and occupations, and has suffered and may continue to suffer a loss of earnings and earning capacity, to her great financial damage and expense. WHEREFORE, Plaintiff demands judgment against defendants in a sum in excess of Fifty 13 ,y~ orf'. ~,~ " Thousand ($50,000.00) Dollars, exclusive of interests and costs plus attorneys fees. ROSENTHAL & STRAUSS D. ROSENTHAL ,I j Attorney for Plaintiff 'J, Q 02..---- 14 - '#" :""",,-,.~~~,, W '[ VERIFICATION I, Brian D. Rosenthal, Esquire, verify that I am the attorney for plaintiff, Amanda Schaeffer in this matter, and that upon my knowledge and belief, the facts set forth in the foregoing Amended Complaint-Civil Action, are true and correct. This statement is made subject to the penalties of 18 Pa. C.S.A. g4904 relating to nnsworn falsifications to authorities. ROSENTHAL & STRAUSS DATED: ~y.~ BAND. ROSENTHAL Attorney for Plaintiff '" - .,. ';.~""~ ji , \~ ~ ''''''k '" ....~~.~ (~ \"X)REFEr' fO QVERtAY SHEETS I' POLICE INFORMATION i 1 INelDer H : ~~UMBER >--- 12 AGE,~CY / L/{AME ... .:').:. l' " ({-. 13 STATIONI ..., : PRECINCT ::; ,j j , INVESTlGAT08\ ~. .' ., . J! \.r. \..L i 6. AFlPR~V~D ~>~. :--. ,'" l .C' "n; ..)0/\ 00 ( I - /' .~,: - COMMONWEAL TH OF PENNS. IANIA POLICE ACCIDENT REPORT REPORTABLE ~NON - REPORTABLE D ...( --.... ''i ' 10t..J..Cc .r../(: 1,.:..1J _14, PATROL ,,)r:. -t.../ /7" ~,- I ZONE BADGE --- ,"-) NUMBER ...5 / 8ADGE :"r--; NUMBER ..5 ! ACCIDENT INFORMATION 18. ~I~~VAL cf;' i:3 i7, 1',IVEST1GATlSNr c f qc ) DATE t _' .',' , I i , , I, 9 9, ~CC\DENT DATE i 2/-=;'/ 0'-; ! 11 TIME OF nO ,.-', ~ I DAY I.......C" '_~ "7 i 13, Ii K~I~~D ~ 14. ,. lN~~RED 116 DID VEHICU:: HAVE TO 8E REMOVED I PROM THE SCENE? I UNIT 1 UNIT 2 yO NO yO NO yOND UNIT# 1 10. DAY ~J;EK .,:", t /7U,.," .:... 112. NUMBER .-; I OF UNITS .....; 15. PA1V. PROP, n ACCIDENT y ~ 17. VEHICLE DAMAGE I 0 . NONE UNIT 1 11- LIGHT .2 - MODERATE 3" SEVERE UNIT 2 r9. PENNOOT 0 PROPERTY Y " 181- r---1 U [J NO 136, LEGALLY Y N 137. REG, _'.J _ i PARKED? 00 PLATE..j (}.- -( - 'Z~-:. .3 39. PA TITLE OR OUT -oF.STATE VIN ~ cr~ _.(~- r (':1 r:~ :;: < C:;'7' 1'40. OWNEEl-, - I ~C~-!;:..I.'f ).11_ OWNER _; .., r- ~ ADDRESS \... c '- t.-;- i ,...i. (....- 42. CITY. STATE & ZIPCODe ,.13. Y~A~~. c;.;- '-' '- 45. MODEL" (NOT BODY TYPE) (- /-\.,-":..,,..-\ ,/.> N ,47)800Y .'/0 1'(4488..), SPECIAL ~ I -- TYPE '-f ( , I.............. USAGE ~-' ~INIT1AlIMPACT rJ 1(51.)VEH1ClE POINT If"- 1'-""' STATUS 0 1~)~~~.~~;lT! j~g.~~SEE~CE r7l 56. DRIVER ~ C ~ ., '"" NUMBER .2 / j c:;/7 co( LC 58. DRIVER ' NAME S7f..Yf/,.:}/>J:::;:.. ,Ci. /i{.- z)C-i y 59, DRIVER ' ___ ADDRESS !::C Ct-'dfLi- S l '. ,60. CITY, STATE. u' & ZIPCOOE C-4 ,;. (. :;: S LC- /' :?1 61. S,l'X 162. DATE OF '7/2" II 7 !-' BIRTH! "7" I Ie 54. COMM, VEH. 65. DRIvER C' 166. DRIVER YO N'rn CLASS. SS# 67, CARR!ER i 118. HAZARDOUS MA TERJALS ':i""i'?" i-' I..),.. C " ~.. ~ ~ "...:....'-- -.- ::. Ct . . - I ~4. MA~~ ~. ,_'_; >_~:~_ I >: ,( . ,,-~.' " 68. CARRIER ADDRESS 69. CITY. STATE & ZIPCODE 70. USDOT It Ice # (i2,)VEH. '-....,/ CON FIG. 175 NO. OF i AXLES AA.45 (1192) 1(73. CARGO 1"--1: aDY TYPE Jf76. HAZARDOUS --... MA TEA1ALS 138. ~1TE ;1'':;:: r.. -( <:'>1 :/ <~;T .," tf ,,...;.~ .ft' ~ 3 146.INS.~. I Y'-"l NO UNKO (49.)VEHICLE / "--/ OWNERSHIP I (52.)TRAVEL Q C, '-' SPEED ~ I (55.) DR1VER " ,'-" CONDITION F 157. ST 1!:E I y...9 I 7C'1:J 63. PHONE 1-( PENNDOT use: ONLY ACCIDENT LOCATION 20. COUNTY o. :.J" l (./ pf..-!/:5 C r'LL...,..! 1'./ r 21. MUNICIPALlTY - r-' _ -/:'0,~O(./r;8 Or ,.._/"/~:c"-.sc.{ CQPE G/ CODE ~'C Z I I PRINCIPAL ROADWA Y INFORMA liON --J o~ 22. ROUTE NO. OR STREET NAM E 23, SPEED LIMIT \"' J!.L,iOVCk Sf 1(24.)TYPE 1~5~ACCES3 !'-'HJGHWAY 0 I"-'CONT=iOL ZS- INTERSECTING ROAD: 26. ROUTE NO. OR ;' ^ -^ / _ STREET NAME LU ,-! c:.. I' y u / 2.7. SPEED .- r ... /' ,J{2B.}TYPE ""'l. LIMIT ..i ,). /V ,"'-"1'-' HIGHWAY e, s-I l~g1ACeESS I~ 1- CONT.=iOL '../ IF NOT A T INTERSECTION: 30. CROSS STREET OR SEG~,.lENT MARKER 31 DIRECTION FROM SITE N S E 33. DISTANCE WAS r34JCONSTAUCT10N '-' ZONE 132. DISTANCE W FROM SITE MEASURED 0 )6SJTRAFFJC !I=' 'CONTROL DEVICE i ,::."I MI o INTERSECTING OJ ~ ~ ESTIMATED PRINCIPAL ~ UNIT # 2 36. LEGALLY Y N 137. REG. r" PARKED? 0 0 PLATE.4:7 Z - 9 ~3 ~ / 39. PA TITLE OR OUT-OF-STATE VIN 40. OWNER .' '..... /H ..ii,f~:;/ /':'<1;,<~1 r C.,.1/<-;.../' 41. OWNER ADDRESS .J .{/;: .::" ...': /-: ::: ::f'..'(; " c:: i_\ 42. CIll'. STATE & ZIPCODE 43. yEAR..... . 144, MAKE /'-;97 I '<.;.'Itf'.-Ct...(/c"/ 45. MODEL. (NOT ~ ,.' J'" BODYTYPEJ Y,_""ZT(,.;{ ,-:'.c'" 47.jBODY (/ /' (48.)SPECIAL '-' TYPE ,f L "-' USAGE 50.)INITIAL IMPACT/" ~51 ,)VEHIClE r', '-'POINT (f '-'STATUS \_; 53.)VEHICLE i :S..)DRIVER 'f'1 ......... GR,ll.DJENT ? . '-' PRESENCE 1 f I 56. DRIVER r;c.: ,-:; f"-T :-7 ,/ C "7 NUMBER ~O c:- : ' '.r' 7....... 58. DRIVER NAME 59. DRIVER.-, j __ ADDRESS ...:.~(i,<.C -..Si'~'/'.I(. SO, CITY, STATE /-- '_' // ' & ZIPCODE L.. ), ,,' ~_ SL,- ;;'--::."/ 61, SE;:-" ! 62. ~~~~ OF s-//; / S-7 64, COMM. VEH. 165. DRIVER C-':;) 166. DRIVER yo NC:Sl('1 CLASS I S S If 67, CARRIER 138, :~~E S:l >~: "]2 ;' .;-9 S"C. Z , , ~~. C't,,.<'C:;: .s (t"- f';!1 : /(':... o 146. INS. I y[)' ,,0 UNKO (49.)VEHICLE "-'" OWNERSHIP {52.)TRAVEL '-" SPEED- 6-:-C (55.)DRIVER '-' CONCITION 157 ~'pE , ,'- f't .. , I /;1.'1/"/ 1.101,.- / .(" i\ .~ J J}..<"''' l-""'.~ - ....... /'/~ l _.~:/ i.; 63. PHONE 68. CARRIER ADDRESS 69. CITY, STATE & ZIPCODE PUG :1# 70. USOOT tf ICC# PUC!t 74. GVWR 77. RELEASE 9&,HAZ MAT yO NIQ UNKO '72.JVEH. '"-" CONFIG. 75. NO. OF AXLES 1(i3.)CAAGO : "-BODY TYPE (76.) HAZARDOUS .............. MA TE:RIALS 74. GVWF: 77. REWSE 9ft: HAZ MAT vU NI!:l UNKO INVESTIGA TINS AGENCY .. ,','. ., -. -, 1 .:.,._,q..::\ I ... PAGE: -L- 78. FlESPOND\N~MS AGENCY .'a. M'E.DICAL FACILITY i(80.)PEOPLE>INFORMA TION 1'11: BCD E F 1/1/::']):] ;. I f 3' I / ! I ;t-I L/ r 8,N '(;:: :; .:;J). :5 ""I r; '" I ! (~)JLLUMINATION l:z r ,@ROADSURFACE 0 V" "" , I'//~ I'IIA . '::IDENT #: 99- !;J. - 38 ( IACCIDENT DATE: /.2 - 9- 99 G ADDRESS L M o o NAME , , Ol'/'c}C-,'!Wi2' H J K 00 o o 01 Is 0 /3 0 ,) 0 IJ I}/;~ C C ....y.j 0 G If ( 9 ! 1 0 !(;LrI 70/ (J ,-,~/JT "",:: 0 i 9 OIJ{)<"/I7Uy'<' of U /-'.II :;>3 , 0 / Oil / , ..J ".:..-ri dl<Li..;/ i/'1'J.(.I.... C n , 1~/icvl:: :)T;<,)YI:}.{ ?</t/ ,<I /j,~C;T>IC'/<r "I"t. "or ' e, i ~ I 0 /lu5-r:f'i' ,2;-)/<,<:TCk /f, ;!OSfCC.U .le/] (':1,< (:-SLr ~_-~,r~. C c' @]86.DlAGRAMlll,: @WEATHER 0 ~ ,,;{ <'T'" ./ :! : .. '--- s: ..\A' Co ,< , ! CJC (..//-/ri :::tT/ o o , o o 84. PENNSYL V ANfA SCHOOL DISTRICT (IF APPLICABLE} .0A.i;.;u.-f'.S:.,......-.......... .....1...,........ ..... ........ ........,';............... ............ i",I ~I I 1- I ......................... ......i....ll..@r I I 8 I t I .... .... ......1...!..18:.. j I 87. NARRATIVE. IOENTIF'r' PRECIPITATING EVENTS, CAUSATION FACTORS. SEQUENCES OF EVENTS. WITNESS STATEMENTS, AND PROVIDE ADomONAL DETAilS, LIKE INSURANCE INFORMATlON AND LOCATJON OF TOWED VEHICLES, IF KNOWN, 85. DESCRIPTION OF DAMAGED PROPERTY "\ OWNER ADDRESS PHONE (/:f,lf-rs / : ....'....( ( {-fiJ-: ......I.....................:......J....~... ~ " ::r;-:..;r:-r:;,!i.., /I..cr,,-;- ::: ~;,,'r-'AC" 1 j" '~'';:'' " r.';'< -:. /v t 1< 77-1 ,:3c ,.".ftJ IJ C/.1 J. /~!,..1;Jc; V c--,:.r r-7 --f/;..>'1~c,r:c/.! ;r-...",(. ,.:..vc..~L.[ /'1 c~ ::-, _ cT~. ;fJ~.;:! l,... .I'~ .~ , ." 'J t. }..j...Cl'''''' ....!.-A~ r;~~~d/T' .Cr l~f::,;<Y( TV f..J; ......(;:.) - .... 17,' c' ..1 i..:..';::--;- --::I,,~~'~~ C..</77J r_ , I, _::::f;:'7 UJ-'.J.', ~ ~\~-'(l_.; ~.'i/~"';"'"' :',,-,r1.': ",) --;-o:.'~';'"l,-("'7'/.Jt: 77J /1.<:.;.1 <:t- U'v..J-;--: _: -r7rc- ,- -- -...Jct:- c'TTff (7(' {:....;'..::::-7;.!.j u......I_i. - '-'2 ~(:AI(' t.:."" /-.-".;J I . 4_ -, .~ 'U'.' ,. ...(.),'....! t_<.I/1t f'/;.i~ /_~n"l/.li.) /,;,..-.--r" 0/-1(...\;(",,:; ..-z;/(" ~ c.~ - L.~.,__;;-- i TO /'::'-'.L:""'L( -(/ c;:" Tt-lt' 7t..'A> . .. j7r)/-tl) ::r;..,) 'Tl4..-''';:r..;rC >/\ TV') (-c.t.c::-d{.?') Vt71=-Cf..tJ ... f-C~.J -- /.;fA./:::-{....... c Oi~/;:;:-;-.z:J, SUJT~L::"/-..I (;-... /-1;;'7-J-::',~i::. ,t::/,>j rf ..-J.! . -" !..J~Y{ -' ..=:]v 13 .. 1)"'\ ...:-"!.A ('-(" ~(.(j7)15"/_.fj.J ;,;.~,,:/-,c,.i f7.!d"/.,I-;- -:f" /Lf';;I,<2 c:.........1J /!/\...0..1/-,~ ,"b::,/ ..6/f(j'S 1~.~\;JCuYt7''). /I'I'/'.f(-:=i::/ SV~T/t~-..u{:.u ; . A.;~:\((;L ,?' :/T:...JlNc';,/~ (4..,."..\..1. tZ)(.,..I,.r) i(} L.t:7lt;... ~ TI...f-?;.i,,'- {........,,;;'\.. ..':~(',Jr/d..1~ ;;:.r.,....:-;- ("j,/,J /,.yl...,.:-t.-'l('.~ ..k....,-j / ./ /) ; (;/v~.... d.t~/#(y/i :;:;.."".:r-..A~;/I' ..=:-\ c'Z',....(.:.:. /:.c,~'(..,,:.~.s~; 77h.- ('"7?(YL~""0/' c.'r- {/.v:;:! -.d- / (.,vS't.L INSURANCE INFORMA TJON UNIT 1 :~) A /~1SJ.i:""""""C~/l: ,J-:r.J c,./"",:::r:--;;--:~ ; ~ c-;;; ./) ,,';f v ,"':,: ;:-/ i INSURANCE I COMPANY INFORMATION I /1 {<= oS 7";.-) 7r .:r;; \. UNIT I POLICY .., 2 NO 09R /{'(.,3r.-<' G. 19;:-':2 or / n::;- PHONE COMPANY tF'~::c-- ..:;r.../,J. c"':< C ,<.1"..1.........., ...., t7 POLICY........., 'j .-..... .:.J NO ~l~ (" f:.-:. /(j fa J"\,, NAME 8B~ WITNESSES NAME ADDRESS ADDRESS PHONE UNIT 1 89, VIOLATIONS lNDICATED TC NTC 90. SECTJON NUMBERS (ONLY IF CHARGED) UNIT 2 ('. ~J>~' co s( On..J l V-...... '3.'71 'i lRO 00 i I UNIT 1 (91,lPROBA6LE "--" USE o AA-45 (1/92) ~TYPE TEST o ~RESUL TS 1tSJ.. NO TEST o '(( 0 REFUSE '-- 'C UNK 91.)PR08ABLE - ............ USE UNIT 2 0 r9922..); TypE I'-"TEST Ie 1(93.)RESULTS -c-:::t'- 0 r-ST I 1"""-" ,,~ N e 94. INVESTIGATION o 0/1 0 REFUSE COMPLETE? .~- aD UNK! YES'\2rNO 0 INVESTlGATiflG AGENCY 1804371 PAGE: ~l) AA'45-S (1"") . ~"...~. .' f , \~ ~ COMMONWE;AL TH OF PENNS'rL VANIA POLlCE ACCIDENT SUPPLEMENTAL (.,./\..........- PAGE: ~ INVESTIGATING AGENCY ~ REFEr, TO OVEALA Y SHEETS ...~ .. ...".- REPORTABLE 1El NQN-.AEPORTABlE 0 PENNOOTUSEONLY POLICE INFORMATION ACCIDENT TIME & LOCATION 1. INCIDENT Oc ) ~. r 9. ACCIDENT /2/9/'11 10. DA2:-C1f:. ~EK , NUMBER / / - I '" - ._:cl DATE 7 f/~.j ,.c'~ 2. AGENCY c::1,<, {_=-::'(? ,~-<,- " .:J-- 11. TIME OF OBo9 12. NUMBER ? NAME r (.'~.../ ( /-vl(./ ! DAY OF UNTrS ~ 3. ST A TIONi ~] (- '''..,.- 14. PATROL C/ 13, #K~D r 4. # INJUAED S. PRIV. PROP. yO N tl PRECINCT -v. .):.rtJ ,-11 ". ZONE / ACCIDENf 5. INVESlClGA TQB.. J:\. -:"'-') I BADGE r'7 20.COU'12 .) "d ., CODE, ...:::-U I- i-.t..... r.L NUMBER .:: U /)'1/..)f.t C"jN loJ "'/ ,. APPRSYED ~Y -. , BADGE ':; 21. MUNICIPALITY C (. I CODE "'? ...,/';' r cy C1/<'.:.L;-....::./:..e- J c,1 . I -;--'....l1........; NUMBER"'> 7 lJol.... (j . f- <:.,'C L UNIT#: '? - COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT ~ 36. LEGALLY Y N 137. REG. !.c,;,//c;',""' r',STAI&- 58. DRIVER (iCC.T^' PARKED o 0 PLATE 'v.J NAME /!.-1. (,CI:CI''7' 39. PA TITLE OR / .y'" .,u'7;, cSC/it(!79/ 59. ORNER II;!) rt. /c ,y' , ,Jev iJ /1'/c OUT-OF -STATE VIN " < ,t... ~ -:..L._' ..., , ADDRESS , 40. OWNER T../\,"-J7Cc.""- vlt. ::r .i\,1J :::r ..., i-J ~N 50. CITY, STAlE //-7... ,Ie F ;;.t.1Jr ;t:""J cEc-~<.' & ZIPCOOe: 141. OWNER \ \ ......--., ;,:," t Y.l:I'J C\.i (R.i J \ .~ S1.SEX 162. DATE OF 'I 63. PHONE j ADDRESS ". '::f. Vide. /Yi BIRTH "..:5'/7/17 42. Gin', STATE , . 080 "Z 64. COMM VEH is. DRIVER 156. DAJVER & ZIPCODE 1,oi-'t /-! / ll.- S 'i,'1I\ t /,-,"1" YDNQ CLASS 5.S., (79 (;(; 87C{I 143. YE>\F!::: t'" l 44. ly1AKE 67. CARRIER ',; .... r...J.-;:-~j#,"'\N 145, MODEL (NOT 148. INSURANCE : n 68. CARRIER BODY rf PEl v',t. -::;: ...}~A Yt::!NDuNK ADDRESS :V~ODY 04 ~,;ECIAL 0 ~~EHICLE '2 69. Clrf. STATE rfPE I USAGE OWNERSHIP & ZIPCODE ~~NITIAL IMPACT p~EHICLE 0 29.;t~AVEl C0 70. USOOT # llcc# PUC;.t POIN" {<:- STATUS SPEED I~;HICLE i ~QRIVER [IJ ~~IVER ( ~~EHJCLE ~~ARGO 74. GVWR L GRADIENT . , PRESENCE CONDITION CONFIG. ODY rfPE 55, DRiVER L;!.;;' c? J :Jc,/(,tfefJ 7,?--, 57srAf.)!r 175. NO. OF e::-;z ARDOUS 77. RELEASE OF HA~ ~T NUMBER AxtES MATERIALS YDNDUNK 87. NARRATIVE - IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, SEaUENCE OF EVENTS, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL DETAILS , , . INSURANCE COMP~1;.... ,,__ /'-;~'(J/;{/,:--:-;/ fr C:::-,.I C;, ,-:)?r 94. INVESTIGATION COMPLETE? INFORMA.TION / ,r/.. ..:,.(" _,.;..l(... ::J7../.S" ,~ UNIT POliCY 7.' '"c'-'''- YES l3J NO D NO NO ..~ -' ' ..~.} ~(': V 7 t":'~ . ~....~ ~ COMMONWEAL TH OF PENNSYL ,4N1A PAR CONrtNUA TlON SHEET (iX) REfE~ TO OVERLAY SHEETS 'lihool""'" REPORTABLE .'E:1 NON-REPORTABlE 0 PENNDOT USE ONlY IflClDENT c.r=! - /:- - :5bl I ACCIDENT / '/9 / "9 f~NTY ;-'/ I MU~~Al "f&J. , NUI.IIlE R nATE ,.... ! 7 COOE ~~RSONINFORIlAnON - USE OVERLAY # 2 SHEET FOR CODES I J K BCDEFGNAME ADDRESS H L M E (/ i () 0 &-./4;....(';:C c r ~ :'7. C; .;- 1 A (j c / li"1 ( , /.)/i> IN u0 ,M ;(. ;!Osrcz,J d6 ...."t-,CT":.fLi r::f "'j ( ij r: i/ .I C S::T NJ/v d4 C r. C A C c' 0 U / - "' 3 ~ f" f5 C} /l/}~vvOr) SUi .A(~cCtX 3r- - \.-C... ,_(",oJ, /"":-"f/q ';' 0 C; ~ c C /" f) r~ , .rtV(rv'/C"(?Cu(- ((- 'O-'C ,~ C. L ( , 87. NARRATIVE: . .: 89. ~ESCRIBEVIOu:.TI~S 90. SECTION NUMBERS (ONLY IF CHARGED I TC NTC ~j' '::;:~" ..:'~( UNIT 1 0 0 UNIT 2 0 0 .~:. V~OBABLE ~:E ~ESIJL TS /BJ NO lEST 1:;1':<<h\Wj: 9~OBABLE ~PE ~ESUL TS USE TEST ~.m'-2!'>".< o NO TEST 94. INVESTIGATION w:.1:~':+~'.\ USE TEST UNltl 0 0 o REFUSE 0.__% 8 REFUSE CCMPLETE ? 0.__% 0 UNK UNIT 2 UNK YES ONOO ,/ AA-45C (1192) PAGE: '/ - - - INVESTIGAIING AGc:NCY ^^"'",,~""': F 1:1_' ,'_~.~ !~,,~ _ _" _ IP'fW ~~ ~ " ~ , ~)I}1 - ->,,~."~-_I_"';''''~''''"'*-F'''''-'~ . (") 0 C'") C r. , , 1 <;: "\J tN -...... nl ~:B -<: '-=-~l ..::. t; j~ ,",j ..,- ~ - , --,:,: (~J <C/ v :J: -T, ~l'") ~-;... I~",:J ""'() ";:0 >'C (...) Om Z .~ :r;! =< :0 <::> -< f;5 ~ ~ ' _.' mUlIlP" _ ,L-: unL," _"S"~ .~lMJm~~~~rr;><,5r~!11'i~~~~~m__~~M:~~~,joJ1"~!i)i!!""?"Y" ",',q;,:",,~,itvY:f_~t@~fJ#l:Wf$'_8Biil""~"""'{('''T''i-,;FiC:-:'0'N-"'"",,J'''''''~~~~f ~~{-:. \1 ROSENTHAL & STRAUSS By: BRIAN D. ROSENTHAL, Esquire Identification No.: 26473 Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 (215)656-4100 Attorney for Plaintiff AMANDA SCHAEFFER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA -vs- JOHN AND STEPHANIE REDCAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT Defendants CIVIL TERM NO. 01-6911 CERTIFICATE OF SERVICE I, Brian D. Rosenthal, Esquire, hereby certifY that I served a true and correct copy of the Amended Complaint-Civil Action, via United States Postal Service, Regular Mail, postage pre- paid to connsel of record as follows: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square Harrisburg, PA 17108-1268 Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 I further certifY that I served a true and correct copy of the Amended Complaint-Civil Action, via United States Postal Service, both Certified Mail, Return Receipt Requested, and Regular Mail, postage pre-paid to defendants, as follows: Colin M. Leight 1122 Fernwood Avenue Maple Shade, NJ 08052 Janet Janjanin 1122 Fernwood Avenue Maple Shade, NJ 08052 ROSENTHAL & STRAUSS BY: $~/ftE!ntJ-~-h- BRIAN D. R SENTHAL, Attorney for Plaintiff -, ";~i', ~ ,,,. .,. .", ~, ".~"k: ""',""'""", ~, <. ~, "' , ~... , ~ - '<""'-=' ~~ '~-_w.'_^_ ~ "~=,,, "'~'~'."M'''''' " -".......""'1'"'"'.'''""'''111. "I'"''' y-, .'"' .. . ... .- ...11I... I __'1lI ..........11 ," :"':"~",~-~_"-Wi 0 0 0 C N ~'f1 s: :3t -:.1 -oGJ :J:'P ~+1~ IilfTl -< Z::tJ ",..,rTl zr w -DC:! ~:?~ :.='(:, ._~ -' c::C] -c -....;-.ri 'c" ;.~-r: >0 ~, \zO 60 v: .-en J>c g Z ':..:l ~ :< (:;l -< ~~ . ""m".....",.","_.,.,JL !~n~, ..'".,.,~L"'L'."',""'!'"',"'"..,,':, """, ""'~"~' ,.,"","".."",_,.,. """.,\J[,!]Ji,,;' PRAECIPE FOR LISTING CASE FOR ARGUMENT i I (Must be typewritten aOO. subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter far the next Argt:ment Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) AMANDA SCHAEFFER, (plaintlif) vs. JOHN and STEPHANIE REDCAY MARY ANNE LARD JANICE M. JANJANIN COLIN M. LEIGHT (Defendant) No. 691.1 Civil 19 01 1. State matter to be argued (i.e.. plaintlif's lIOtion for new trial. defendant's danurrer to canplaint. etc.): Defendant Redcays' Preliminary Objections to Plaintiff's Amended Complaint 2. Identify COlmSel who will argue case: (a) far plaintiff: Brian D. Rosenthal, Esquire Address: Seven Penn Ctr., 9th Floor, 1635 Market Street Philadelphia, PA 19103 (b) for defendant: John R. Ninosky, Esquire Address: P.O. Box 1268 Harrisburg, PA 17108-1268 3. I will notify all parties in writing within two days that this case has been listed for argurent. 4. Argurent Court Date: July 24, 2002 ,,.'/;\II\'(~'1"'" .", ~ , ~--," ~K-f(~ At orney far Defendants Redcay John R. Ninosky, Esquire ' """f"P<l, 5/24/02 - ," ,-> ,', "j, . 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 fi day of ;4(41 , 2002, addressed to the following: Brian D. Rosenthal, Esquire Rosenthal & Strauss Seven Penn Center, 9~ Floor 1635 Market Street Philadelphia, PA 19103 Matthew L. Owens, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 !: '~, ;~; r,,__,~, ,';,_ --',"_',/~,A,,_~~~"""'-"~""":' "'_.'-','''''',~,!'S'~.." """"'";:~',;:I--""", __,,,,_~,,~,,,,_~_"""""_,""";' , 1"-' ~- c _ <- GOLDBERG, KATZMAN & SHIPMAN, P.C. By JOh~fo:J!;~tte P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Plaintiff Telephone: (717) 234-4261 , -,~"~, 'h,' .' ~ ...~" d' _, ",,""'~ ,~ ~ - 1-_' ,. ~ ." . ,":,"-_.1>7_" .~ ,-,. ",,", 0" - '~, ':.~,., _,~r.:, "<<i. '" -",'" ~- '~",-~-,--~,. ~ ;~',,;_,~,_'_;d>' )P,l1",,,.,~,,,,~~,~ -"'C;_ ~,,+,!~i<J~1~: -""', . (.:" ;~-,/t!?,_::;), .n,_ o c ~F~ en:- r,n' <,': o. ".'jl'_1 O' r,:'I.mrm.' mR! . C:) 1''' o "'n ~':'" "'::~~ -;,~ ;:Q :~-;-l ',;{:::J ~ i ~~-~ ;) -, (\.) 1.:0 ',;",) ~"~~ r..) ,~, '-'-{ ~ '''~.1JJr~l~~l1~~,E[Ur,,~~:j t:le , AMANDA SCHAEFFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JOHN AND STEPHANIE REDCAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT, Defendants NO.. 01-6911 ORDER day of , 2002, AND NOW, this upon consideration of the Preliminary Objections of Defendants John and Stephanie Redcay, and Plaintiff's response thereto, it is hereby ordered that Defendants' Preliminary Objections are GRANTED. Paragraph 12 (i), (k), and (1) and Paragraph 18 (f), (i), and (j) are stricken from Plaintiff's Amended Complaint. The reference to "including but not limited to..." are stricken from Paragraphs 13 and 19 of Plaintiff's Amended Complaint. BY THE COURT: 79914.1 , ~' _~v.Jl~"" -', p. --'""'_,,"'_'.i,,",_S"f~"-~,,,^,'" .'5 "O'",'-,"",,~ _ -,_'",-,'~_,",I'., ",,,,-_ '-"o'r,""_'~ ,,- -,~ - _",__""-. ,'''' - , "__-':-'1'''''"''' " .<." ,,' ,~"- ;t;,f;"'- ~. .~ John R. Ninosky, Esquire I. D. #78000 GOLDBERG, KA'1'ZIomN & SHIPMAN, P. C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Redclay AMANDA SCHAEFFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JOHN AND STEPHANIE REDCLAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT, Defendants NO.. 01-6911 PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, come Defendants John and Stephani Redcay (hereinafter "Mr. and Mrs. Redcay"), by and through their counsel, Goldberg, Katzman & Shipman, P.C., who file these Preliminary Objections by respectfully stating the following: 1. Mr. and Mrs. Redcay previously filed Preliminary Objections to Plaintiff's original Complaint. 2. This matter allegedly arises from an automobile accident which occurred on December 9, 1999, at the intersection of South Hanover Street and Walnut Street in the Borough of Carlisle. (See Plaintiff's Amended Complaint Paragraph 10). ';:_J,l:'lt';lTJl;.1:; ,- _ ", '->_""';"-'_i_""'___'"_"'_,~dp___"""'-" , ",_,_,,_"',___ ,_'''1'''"''-': _""'~" ,_" .,.. _ 01' ,.~ ~,'_ ","'. .'.~-'~ '", '"----'"~ ~~ --_.~-~ 3. Plaintiff alleges that this chain reaction accident occurred when a vehicle owned by Mr. and Mrs. Redcay, and operated by Mrs. Redcay, struck a vehicle owned and operated by Defendant Mary Ann Lard. The Lard vehicle then struck a vehicle owned by Defendant Janice M. Janjanin, and which was being operated by Defendant Colin Leight. Plaintiff was allegedly a front seat passenger in the vehicle operated by Mr. Leight. (See Plaintiff's Amended Complaint Paragraph 10). 4. Concerning the allegations against Mrs. Redcay, Plaintiff alleges, inter alia, the following in Paragraph 12 of the Amended Complaint: At the time and place of the aforesaid, the negligence, carelessness (sic) recklessness of the defendants consisted of the following: i) defendant driver, Stephanie Redcay's operating said vehicle in violation of the Ordinances of Cumberland County, and the Statutes of the Commonwealth of Pennsylvania; k) negligence at law; and I} such other acts or failures to act which may constitute negligence as shall become apparent during the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure or at the trial of this cause. 5. Paragraph 13 of the Complaint lists the injuries allegedly sustained by the Plaintiff, and states: Including, but not limited to cervical acceleration deceleration injury,. . . (emphasis supplied) ',r:~1'f t" '"'".. ~"_f-~-~_""",K'r~H"~~;~__ ,_:'J;V,q"'{_~'~"",__o-'r__'''''<"_~h." ".7. _""d'''"'-/~ - .-. .e_n;r-.:N' " ,,--'-,",",",,'-"". u' ~.~__ __," _ ^ . r_~ ~ ~.- 6. Concerning the allegations against Mr. Redcay, Paragraph 18 of Plaintiff's Amended Complaint states as follows: At the time of the aforesaid, the negligence, carelessness and recklessness of Defendant, John Redcay, consisted of the following: f) Negligently entrusted his vehicle to an individual who he knew, or should have known, had a propensity for operating said vehicle in violation of the ordinances of Cumberland County, and the Statutes of the Commonwealth of Pennsylvania; i) Negligently entrusting his vehicle to an individual who he knew, or should have known, had a propensity for negligence of law; and j) Negligently entrusted his vehicle to an individual who he knew, or should have known, had a propensity for other acts or failures to act, which may constitute negligence as shall become apparent in the course of discovery pursuant to the Pennsylvania Rules of Civil Procedure throughout the trial of this case. 7. Concerning the alleged injuries, including but not limited to cervical acceleration deceleration injury. . . (emphasis supplied) 8. Pennsylvania Rule of Civil Procedure 1028 (a) (3) states: Preliminary Objections may be filed by any party to any pleading and are limited to the following grounds: Insufficient specificity of a pleading." It is respectfully submitted that Paragraph 12(i) and (k) and Paragraph 18(f), (i), and (j) are insufficiently specific. Therefore it is respectfully submitted that these Paragraphs should be stricken from Plaintiff's Amended Complaint. )t'~,~}l~:!l~,l_, ,--_}","..".',_,,! ',."","'"",,1,,4[,1'; ,S_{'~_",,>;;_<I':', "'" ;},~",,-_~,t"_ cr_. ,".. -"-"--','~-", .,~.,-- ,-""~'~ ~'-"--'~ ~-~"". )h; 9. Additionally, it is respectfully submitted that Plaintiff's reference to injuries (including but not limited to), is also insufficiently specific. Therefore, it is respectfully requested that this portion of Paragraphs 13 and 19 be stricken from Plaintiff's Amended Complaint. WHEREFORE, Defendants, John and Stephani Redcay, respectfully request that this Honorable Court grant their Preliminary Objections to Plaintiff's Amended Complaint. Specifically, Mr. and Mrs. Redcay respectfully request that Paragraph 12(i), (k), and (1) and Paragraph 18(f), (i)" and (j) be stricken from Plaintiff's Amended Complaint. Further, it is respectfully requested that the reference to "including but not limited to..." be stricken from Paragraphs 13 and 19 of Plaintiff's Amended Complaint. Alternatively, it is respectfully requested that Plaintiff be required to file a more specific pleading. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By JOh~i~:3!~i{i Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Redcay DATE: 5/9'1/0 /j- ~~\Jlifi - -1. _ '"'" ,,-,,,,,,,,"__,,_,_,,, ",__~". ___~____.,_~-_.".<.,~_ _(!l~~b ~ _, ~ ,_~ __ ," ,,"~ ~> - CERTIFICATE OF SERVICE r 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 di-'ffi.diJ.Y of AlA; , 2002, addressed to the following: Brian D. Rosenthal, Esquire Rosenthal & Strauss Seven Penn Center, 9~ Floor 1635 Market Street Philadelphia, PA 19103 Matthew L. Owens, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 GOLDBERG, KATZMAN & SHIPMAN, P.C. BYJOh~o'f!i~ P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Plaintiff Telephone: (717) 234-4261 :g;f.~ '-"0' ~"E"<,"",~__, "-'-'--^^"_"'~M _"",'.>"_:!1'"~,,^,-,,,,~_,"_<~>_"!'I'" ~, '. ~"",' , -.,- -,,~ _, ,- _',,_. ^-- 0 "::) C') ~~~ . ",} - , I ".' L .~, J" n I --. ( ,.. ) (IJ ()) C.:J -r.: () ~~ ~."-" (', ("j .<:-. >- ~~; ~..) . < :--,; ~~ Om --~ :0 -~ f'..l -< f~ -, ,,~ _ <~ ,,"_'r,_,' .._~,Jt, -'IT-'~'C,' _)~/il.~~~1j!JJl.'{l!~_~_m)!~,) _"",,, ',', ~__~~~-'_,-t-'Uln. ,,"_~<_,_ ~~Pf~_~~: AMANDA SCHAEFFER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6911 Civil Term JOHN and STEPHANIE REDCAY, MARY: ANNE LARD, JANICE M. JANJANIN, and COLIN M. LEIGHT, Defendants NOTICE TO PLEAD TO: Plaintiff, Amanda Schaeffer c/o Brian D. Rosenthal, Esquire ROSENTHAL & STRAUSS Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiffs Complaint on behalf of Defendant, Mary Anne Lard, within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOG MATT J.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3501 BY: DATE: (, ( II l ()12- Attorneys for Defendant Mary Anne Lard :-'-"'"t;!~.f' " > '" - ~ - "':'''::~ t'- " ~I - - --'r==<f"l ~ ,.",.".., AMANDA SCHAEFFER, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6911 Civil Term JOHN and STEPHANIE REDCAY, MARY: ANNE LARD, JANICE M. JANJANIN, and COLIN M. LEIGHT, Defendants ANSWER WITH NEW MATTER OF DEFENDANT, MARY ANNE LARD. TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Mary Anne Lard, by and through the undersigned counsel and responds to Plaintiffs Complaint as follows: 1. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore the same are denied with strict proof thereof required at trial. 2. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore the same are denied with strict proof thereof required at trial. 3, Admitted. 4. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore the same are denied with strict proof thereof required at trial. 5. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore the same are denied with strict proof thereof required at trial. 6. Admitted. ,":'~..IT <" ,"-- "-~"_',r-O _r,d.. "\ , " ,,-,p~- ~ -', , .," '. , ,-'.-,",,,~ ',', , " , , ~-'- , , , 7. Admitted. 8. Admitted, 9. Admitted. 10. Denied as a conclusion oflaw. WHEREFORE, Defendant, Mary .A.nne Lard, respectfully requests judgment in her favor and against the Plaintiff and/or other Defendants, John and Stephanie Redcay, Janice M. Janjanin and Colin M. Leight, together with such other relief as this Honorable Court deems appropriate. COUNT I. PLAINTIFF vs. DEFENDANTS. JOHN REDCAY AND STEPHANIE REDCAY 11. Defendant, Mary Anne Lard, incorporates by reference her responses to Paragraphs I through 10 of Plaintiff s Complaint as if set forth herein at length. 12. (a)-(l) Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 13. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 14. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 15. Denied, These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 16. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. :'~~~ jir~~;~IC"-~ ...;..'" < 0'- , .-' ?"' .' '"1 . . 'I , , ,., I --'C_.,'.'_,'_ " ~,''''''., "ct . - WHEREFORE, Defendant, Mary Anne Lard, respectfully requests judgment in her favor and against the Plaintiff and/or other Defendants, John and Stephanie Redcay, Janice M. Janjanin and Colin M. Leight, together with such other relief as this Honorable Court deems appropriate. COUNT II. PLAINTIFF vs. DEFENDANT. MARY ANNE LARD 17. Defendant, Mary Anne Lard, incorporates by reference her responses to Paragraphs I through 16 of Plaintiff s Complaint as if set forth herein at length. 18. (a)-(k) Denied as a conclusion oflaw. 19. Denied as a conclusion oflaw. 20. Denied as a conclusion oflaw. 21. Denied as a conclusion oflaw. 22. Denied as a conclusion of law. WHEREFORE, Defendant, Mary Anne Lard, respectfully requests judgment in her favor and against the Plaintiff and/or other Defendants, John and Stephanie Redcay, Janice M. Janjanin and Colin M. Leight, together with such other relief as this Honorable Court deems appropriate. COUNT m. PLAINTIFF vs. DEFENDANT COLIN M. LEIGHT 23. Defendant, Mary Anne Lard, incorporates by reference her responses to Paragraphs 1 through 22 of Plaintiff s Complaint as if set forth herein at length. 24. (a)-a) Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. i:ii)'l~~~../~,~",.~,-, - , ,_"._""" y_~. ~, -., }-"'--- <;'-'=1 - -. "---':f-" 'C,' '-'-,' ,,'"'1.'.- . 25. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 26. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 27. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 28. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. WHEREFORE, Defendant, Mary Anne Lard, respectfully requests judgment in her favor and against the Plaintiff and/or other Defendants, John and Stephanie Redcay, Janice M. Janjanin and Colin M. Leight, together with such other relief as this Honorable Court deems appropriate. NEW MATTER DIRECTED TO PLAINTIFF 29. Plaintiff's claims are barred by the applicable statute of limitations. 30. Plaintiff has failed to state a cause of action upon which relief can be granted. 31. Plaintiff is barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 33. Any and all injuries and/or damages as described by Plaintiff in her Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. ~'ii!:i,l"h""'; ^~o.,,_^, "~_ _ -_,-~, -_-_~,,"'_ __','_ ".,Co, ,,~_ -"'"-"1"1'. ,- --'~--+1- ,m F. "! - ,.~__, '""". ,< ,- " ' _ " ~ u_, '. ':: ,'')' ,,.. s_" " " - 34. Plaintiff's claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 35. Plaintiff's claims are derivative in nature and are barred as a matter oflaw. 36. Defendant breached no duty of care owed to Plaintiff under the circumstances. 37. Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 38. Plaintiff's claims are barred and/or limited by the applicable provisions ofthe Pennsylvania Worker's Compensation Act. 39. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. WHEREJi'ORE, Defendant, Mary Anne Lard, respectfully requests judgment in her favor and against the Plaintiff and/or Defendants, John and Stephanie Redcay, Janice M. Janjanin and Colin M. Leight, together with such other relief as this Honorable Court deems appropriate. NEW MATTER DIRECTED TO DEFENDANTS. JOHN AND STEPHANIE REDCAY. JANICE M. JANJANIN AND COLIN M. LEIGHT. PURSUANT TO PA.R.C.P. &2252(d) Responding Defendant incorporates by reference her responses to Paragraphs 1 through 39 ofPlMntiff's Complaint as if set forth herein at length. Pursuant to Pa.R.C.P. 2252(d), should it be found that Responding Defendant is liable to Plaintiff, which liability is denied, Responding Defendant alleges that Plaintiff's damages, said damages being denied, were caused by the negligence, recklessness and/or carelessness and/or strict liability of Defendants and/or others, for the reasons set forth in the Complaint, and that I'~~!I!'IH.!. . -",-,," '''1"'/ ,-,' ,,< "-"",-~, ~ -'-, -~~-'"' - ~-~ Responding Defendant is entitled to contribution and/or indemnity, as may be appropriate, from such Defendants. WHEREFORE, Defendant, Mary Anne Lard, respectfully requests judgment in her favor and against the Plaintiff and/or Defendants, John and Stephanie Redcay, Janice M. Janjanin and Colin M. Leight, together with such other relief as this Honorable Court deems appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGG MATTHE J.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3501 BY: DATE~J 0 ( d 'L Attorneys for Defendant Mary Anne Lard 105_ AILIABIMLOILLPG\950231RKN\OI226\00413 '\;)J~"~_. "_,,, '__'-'~'_".'.' '.'.N.'.'._~..,.,,~._"O""".'.".".'.'."".-"7' _'_"._ "'__~"..'. '., .'_ ,- --,.., - - - - .-\_ j" ' _,_.~ _ ,- ,~,,,,__,'_!_~_-r,'^,"" . -, , :;:r VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter is that of counsel and not my own. I have read the Answer with New Matter, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities, DATE0..-.o(,l} 0"" 71~~ LaA J< Mary e Lard ":f.!,T J~ . . '" ,"'"n_' __. ".___,,~ -. ~- -I, - " -', 1 -. _' ~", . . "._~_._~ 7"'.'~ ~, CERTIFICATE OF SERVICE I, Angela Sanger, an employee with the law fIrm of Marshall, Dennehey, Wamer, Coleman & Goggin, do hereby certify that on this 11f'h- day of June, 2002, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Brian D. Rosenthal, Esquire ROSENTHAL & STRAUSS Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 John R. Ninosky, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 AN~~.J:n~l $~~" w~" ~ ._~, "-'1 , "1' --.." ",""--' , ..., .... ..,o,. ........- ...... " ilF'~-" VJ,~",;~ -~-''',"--~ -~''" """",,".- =~'"-~..~-"-'~ ",-"-""'_,,-,,,,,~,"'---"-" -'-""'~-'~~~~-~~~"'-'-'-r.r" () c~ ~~ C IV ~ :-C'o-. -'-j ~1r.Cl r-' m,.-,'I '.",'" n .c.::O :\""~ zr-- :~~g W~> f" ~L: ~~~ ~Cj -\'J ;e.. -'. -"" 7\.,''' Z(J -=- () N om >c ..-I Z ,......) >- =< U1 OS! ~~ j:_""B~~~~!3l!!~I~I!'!~"'!T:$;;:<~-"~~t'~"",@fj"!1H"'~1j'~F'" 'Y:-_-\"if,"f~''o_;.;~0''''';f,''''>'"if''-;''.''i,g~_':i'<';'.. ""1'.'i+,,"),,"j;;,t'>i';;-{-"~jY~f >,'1' .,,,,,~,"-i,, . John R. Ninosky, Esquire 1.0. #78000 GOLDBERG, KA'lZMAN , SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Redclay AMANDA SCHAEFFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JOHN AND STEPHANIE REDCLAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT, Defendants NO.. 01-6911 REPLY TO THE NEW MATTER OF DEFENDANT. MARY ANNE LARD AND NOW, come the Defendants, John and Stephanie Redcay, by and through their counsel, Goldberg, Katzman & Shipman, P.C., who file this Reply to the New Matter of Defendant, Mary Ann Lard, by respectfully stating the following: Denied. The averments contained in Defendant, Mary Anne Lard's, unnumbered New Matter are denied as they contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are denied. "'< ,~ , WHEREFORE, Defendants, John and Stephanie Redcay, respectfully request judgment be entered in their favor against the Plaintiff and/or Defendant Mary Anne Lard. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, PoCo By ~ l(t1j~ Joh R. Ninosky, Esqulre Attorney IoDo 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Redclay DATE: June 14, 2002 80804.1 '~'}i1IJ.A:iI_ . ,_,' ,", :.J.':T:,'Co'._,' ,~..""," -f". -," _ " . ,~","~;I. ,~~_~ ~"'-"h"" ,',- -"-"--,- ,"' - '-'-'~ ~ > ,- 0W='''~-'~' ",-' ' VERIFICATION I, John R. Ninosky, Esquire, have read the foregoing Answer to Amended Complaint and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. ~4904. GOLDBERG, KATZMAN & SHIPMAN, P.C. By fJ4t KtJu4 Joh R. Nlnosky DATE: ~/I~~&- 69479.3 Ie J-'~~""~ ~---"':"':.t""'<__, -'>"'"-,'r"-",,,,,'~__,~.F"_""'''''''_ '__";""_"71->,_.,"" _.",. ~.~'''v,. '__0'"'' ,,_,""" '~___" .,-,'''' ~~--- ~-" ""~-'--~"--"'-" ,,~,.- "~--~"~ "<=",,. "l\', 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 I-i day of .Juv , 2002, addressed to the following: Brian D. Rosenthal, Esquire Rosenthal & Strauss Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 Matthew L. Owens, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jo::l:11n~cYd P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Plaintiff Telephone: (717) 234-4261 ')Y~}iJ.::;_,lry-",,, ~ -~ ~~ ,"'''''''''''':'~'''''",,~,_'."_'''''''''''''_5_'''_T';''!'J' '';'1 "-~':::"-""",5'_""'\,"',,-,'""'_,"~_r.. ,-- _~"'-' -,.,"'"<e,''' ,~ ~-_', '."_-__:~,'" ..." , '~.-, ~,." -- -- (; ~-- ~!I <, "" ~~- ,~ ~-- -- i81~~~___ _~ l,jo'f"YnC-,",,",,1~:~"__' "" () ~ '"T)i":rl ~~~1~-; ~~:~i,~ l~:(~! ~i: r::~ ~~.~~ ~:~ C I"''' o '1'1 '- ~ ';:~ -";rS "'I -'.-t'l --;,~;! c-.; ~rn -< C:) '....:.") i" r." o 'p)/ - LJ!Jjm_~_~_,y~~>, ,~,qc"",,"~~~~~_::\,-~,~ '-, <',/ __ !i:1&f:1U;' ,l!I[lIl~I}i!!,t...,.<, ':' J7 ""..-'"-~ ,0 'i ROSENTHAL & STRAUSS By: BRIAN D. ROSENTHAL, Esquire Identification No.: 26473 Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 (215)656-4100 AMANDA SCHAEFFER -vs- JOHN AND STEPHANIE REDCAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A CIVIL TERM NO. 01-6911 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT. MARY ANNE LARD 29. Through 31. The allegations contained in Defendant, Mary Anne Lard's New Matter 29. through 31. are matters oflaw to which no responsive pleading is required. By further answer, it is specifically denied that Plaintiff's claims are barred by the applicable Statute of Limitations, that plaintiff has failed to state a cause of action upon which relief can be granted and that plaintiff is barred, and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Responsibility Law. Strict proof thereof is demanded at the time of trial. 32. Denied. It is specifically denied that no act or admission on the part of the defendant was a substantial factor in bringing about Plaintiff's alleged injuries and/or damages, all such injuries and/or damages being expressly denied. Strict proof thereof is demanded at the time of trial. ~"~~I'<r:.~_ ~- c' __ - .",1,.",. ,,,-,_"~, .= ,_'''''_~_' ,_ ___'."_' "', ,~_A' ,.~_ ~, ~ -- 'f~- ~-- <'_'M_ -, ;! ,-(~, , . 33. Denied. It is specifically denied that any and all injuries and/or damages as described by Plaintiff in her Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. Strict proof thereof is demanded at the time of trial. 34. The allegations contained in this paragraph are statements oflaw which require no responsive pleading. By way of further answer, it is specifically denied that plaintiffs claims are barred and/or limited by the doctrine of res judicata and or collateral estoppel. Strict proof thereof is demanded at the time of trial. 35. The allegations contained in this paragraph are statements oflaw which require no responsive pleading. By way of further answer, it is specifically denied that plaintiffs claims are derivative in nature and are barred as a matter oflaw. Strict proof thereof is demanded at the time of trial. 36. . Denied. It is specifically denied that defendant breached no duty of care owed to Plaintiff under the circumstances. Strict proof thereof is demanded at the time of trial. 37. The allegations contained in this paragraph are statements of law which require no responsive pleading. By way offurther answer, it is specifically denied that plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act and are barred as a matter of law. Strict proof thereof is demanded at the time of trial. 2 ,- Pi2'C-'~~-- , ,.-,' ~,.. ~-~ ~= "- II 38.' The allegations contained in this paragraph are statements oflaw which require no responsive pleading. By way of further answer, it is specifically denied that plaintiffs claims are barred and/or limited by the Pennsylvania Worker's Compensation Act and are barred as a matter oflaw. Strict proof thereof is demanded at the time of trial. 39. Denied. It is strictly denied that at all material times hereto, Defendant acted in a safe, legal and non-negligent manner. Strict proof thereof is demanded at time of trial. WHEREFORE, Plaintiff, Amanda Schaefer respectfully demands judgment in her favor and against all defendants, together with other such relief as this Honorable Court deems appropriate. ROSENTHAL & STRAUSS RIAN D. ROSENTHAL, Attorney for Plaintiff 3 ~ w.y~,~~ - "'''''''''''~''''''4''''''' ~~ , . o o V E R I FIe A T ION Amanda Schaefer Plaintiff herein, makes this verification and states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. ,~@7lda,~ DATED: 6/19/02 ",r" : <:;1", _~..?..." , .~" """",. " ,",,_s. -0:-'- ""1' ".. I' ,. ,~ c, 9?~Y'-~"-''''~'-' i'I' -".,. ,I. . ROSENTHAL & STRAUSS By: BRIAN D. ROSENTHAL, Esquire Identification No.: 26473 Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 (215)656-4100 Attorney for Plaintiff AMANDA SCHAEFFER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA -vs- JOHN AND STEPHANIE REDCAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT Defendants CIVIL TERM NO. 01-6911 CERTIFICATE OF SERVICE I, Brian D. Rosenthal, Esquire, hereby certify that I served a true and correct copy of Plaintiffs Reply to New Matter of Defendant, Mary Anne Lard, via United States Postal Service, Regular Mail, postage pre-paid on Wednesday, June 19,2002, to connsel of record as follows: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square Harrisburg, PA 17108-1268 Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 I further certify that I served a true and correct copy of the above stated document, via United States Postal Service, Regular Mail, postage pre-paid on Wednesday, Jnne 19,2002, to defendants, as follows: Colin M. Leight 1122 Fernwood Avenue Maple Shade, NJ 08052 Janet Janjanin 1122 Fernwood Avenue Maple Shade, NJ 08052 ROSENTHAL & STRAUSS By:a/~~~ BRIAN D. ROSENTHAL, Attorney for Plaintiff -"1"W<f_ .. -.'~ '" "."-0",.-;, __~, ~'-___" ,. .~_<_,"..",___.,__,,~_ "', __~_ r--.~ ", . (-. -- ~- ';,-. " ". - -~. , . ,- .....~lIlIl\l!l!l .. 0"' ,_, ,C,<}""-. 'H""__ ~- -, ., ""'-"'_....,=O~~" , ~ .- -~ '" ,,,--, -,. ',"~ ,>~.,,~..~ -""-"-. -~ -,,,, '"","" "",,,~, 6-, "~~-(~;--,,",:-i'';'-Pr'! -C~-,.~""trtt'J:;: . 0 ......." C '-''-oj ~ , ~ -U LJJ - " DJn'j -- ..2:::;::> ze- N LI)"F~-' .~ -<Z r"O-" ~I..", ~o ,... :?; c.:- .--:-:) ~C'; >c: ~';' Cj Z ;:;:-1 =< ;....) :D (T\ -< ~/ Bit -I: ",," ~~~..'Wllj~F:~~~'l'~WR~_..J,J tA _=KU,C]__=H. :_-_.~,~"'~~~,,~, ,.. J,]~t~\J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN A. and GEORGE M. NISSEL, Plaintiffs Civil Action - Law vs. No. 01-6961-Civil Term RUTH E. WEDEMEYER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 2nd day of July, 2002, I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Taking Deposition-Susan A. Nissel by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOL YMOS C KINS Ann Margaret ab Supreme Court ill No. 5591!6 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 '.~,~w~ , "'_~, ,"T>, ,"_W,'T_,_p'_ __~_'_'?)_.' _", Or'" ,_ ,"",,1.";. '<",'>' ,.-".,.." _".,__,_,C~' ___ ,?,-. " 1~ c.... .. ."...U. ~lliJlJ![i!" ,~_l-_L.,_, "~"~' ~[.'!,i!,tx'~,\ f! - -"r,,,:~,H,;:-",,,,._,, ",,__,~,,!J!!! -, '~.- .. . ',,','n....'y', ".~"".~"..",.....M'iil'''''' fiRiiull'rOO""r"l 1~1"'lr"'"i" o c- ~t~ r::-: t~- '; ,::'..... ~~ C:) r~..) ~', ~i'l C:'-- :.'1 c:; ~~ lifFm1]~%ft\i~>r~;;;"~'\!~W'!'lW~~r>ifl~~_o~,,~l_">ili~f~'lnJ!~~~~jrifi?l~~~ J:""~ . AMANDA SCHAEFFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JOHN AND STEPHANIE REDCLAY and MARYANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT, Defendants NO.. 01-6911 STIPULATION OF COUNSEL The parties hereby agree and stipulate that Paragraph 12(i), (j) and (1), are to be removed from the Complaint with prejudice. Further, it is hereby agreed and stipulated to that Defendant, John Redcay, will be dismissed from this lawsuit with prejudice. ROSENTHAL & STRAUSS y Bria D. Rosenthal, Esquire Seve Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 Attorneys for Plaintiff DATE: DATE: () dSt.., 80827.1 7 '{va- GOLDBERG, KATZMAN & SHIPMAN, P.C. By J~N(;/;kf:::Jre Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Redc1ay \:~,.~;Ji;}!".l- "^',~, ~'!,-,,'"i';"h ~" . "",,, 0,.""_'",,,,=,':;"'7:. 'c'I:;-,-- ^., ,'-"'_,,~__ '. ", . ~ l'._;"~' ,',~'m "'-O'""~-,,,' ',0,' '__,_.-;,"_~,_="" "_!~?,-._, 'Th':'.',,,,,_'., ..." "0'-- ~ .u' ."~' " i(1 " '''~ ,C' ',' ' ,,,,,'" .'M~ "".." "I ~- = "-" -",.-"^~ ,",;~ ~~<- , "<';:''''';''t~,;,~,_~,~!>,_',,,,::,,_UJJ~~tlW~:IIJlji'~;-,JlJ~, ~" ",,";.~',,",-~;>-, , ,-~-"-'''~ "--~- '--'j-!W~"-''''--:~<:,-rr ft' ---<\'){-;_itn~~r::a-; c) c: <,'" ""0\::-" ("'11\-'.: 0~~: C) [',,.;. , G) ,J: -< ~;::- q 1;::5 '- 8~ ",~. ~,' '/~, ,;_n'~l1\,-.'~_?, ",.~""",< ij ,,__rr~'f;lIJ-~~i ;'Bf;<~;2;:'~*.;j~'.C' .Cr." !, AMANDA SCHAEFFER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6911 Civil Term JOHN and STEPHANIE REDCAY, MARY : ANNE LARD, JANICE M. JANJANIN, and COLIN M. LEIGHT, Defendants NOTICE TO PLEAD TO: Plaintiff, Amanda Schaeffer c/o Brian D. Rosenthal, Esquire ROSENTHAL & STRAUSS Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiff's Amended Complaint on behalf of Defendant Mary Anne Lard within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN OGGIN BY: MA: J.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3501 DATE: 7/z.~ V?- Attorneys for Defendant Mary Anne Lard O:,oiI.~""f"1?!'T~~ .>, " , ." _" ",,,,,,,..,. ~-""T1 , -,. . ~. ."""""'~ " AMANDA SCHAEFFER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6911 Civil Term JOHN and STEPHANIE REDCAY, MARY: ANNE LARD, JANICE M. JANJANIN, and COLIN M. LEIGHT, Defendants NOTICE TO PLEAD TO: Defendants, John and Stephanie Redcay c/o John Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. Strawberry Square - 320 Market Street Harrisburg, PA 17108-1268 Defendant, Colin Leight 1122 Fernwood Avenue Maple Shade, NJ 08052 Defendant, Janet Janjanin 1122 Fernwood Avenue Maple Shade, NJ 08052 You are hereby notified to plead to the enclosed New Matter Directed to Defendants John and Stephanie Redcay, Janice Janjanin and Colin Leight pursuant to Pa.R.C.P. S2252(d)on behalf of Defendant, Mary Anne Lard, within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN OGGIN BY: MATT L. l.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 Attorneys for Defendant Mary Anne Lard DATE: 7{ ZS] 01, -"""~;:!:~~ 1-_ ,,- "I . ,<" '''' ., ,~~-'" ~~ AMANDA SCHAEFFER, Plaintiff : IN THE COURT OF COMMON !PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6911 Civil Term JOHN and STEPHANIE REDCAY, MARY: ANNE LARD, JANICE M. JANJANIN, and COLIN M. LEIGHT, Defendants ANSWER WITH NEW MATTER OF DEFENDANT. MARY ANNE LARD. TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes Defendant, Mary Anne Lard, by and through the nndersigned connsel and responds to Plaintiff's Complaint as follows: 1. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore the same are denied with strict proofthereof required at trial. 2. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth ofthe allegations contained in this paragraph and therefore the same are denied with strict proofthereofrequired at trial. 3. Admitted. 4, Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore the same are denied with strict proof thereof required at trial. ;,~~!lIlIllI_~,_>_."",, - q~ Of- .. '-'- .-,.. - ,- . ~__,= ~ ,~ ""',~ ~iW\ !JlI , '. 5. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph and therefore the same are denied with strict proofthereofrequired at trial. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied as a conclusion oflaw. WHEREFORE, Defendant, Mary Anne Lard, respectfully requests judgment in her favor and against the Plaintiff and/or other Defendants, John and Stephanie Redcay, Janice M. Janjanin and Colin M. Leight, together with such other relief as this Honorable Court deems appropriate. COUNT I. PLAINTIFF vs. DEFENDANTS, JOHN REDCAY AND STEPHANIE. REDCAY 11, Defendant, Mary Anne Lard, incorporates by reference her responses to Paragraphs I through 10 of Plaintiff s Complaint as if set forth herein at length. 12. (a)-(l) Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 13. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 14. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 'i~~1i!I;'iEh''![!j,,~1l!8'''I!J . .. "r,. ;-1" ','" ;~ - ,-. .,.; "'~ 'po 15. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 16. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. WHEREFORE, Defendant, Mary Anne Lard, respectfully requests judgment in her favor and against the Plaintiff and/or other Defendants, John and Stephanie Redcay, Janice M. J anj anin and Colin M. Leight, together with such other relief as this Honorable Court deems appropriate. COUNT II. PLAINTIFF vs. DEFENDANT. MARY ANNE LARD 17. Defendant, Mary Anne Lard, incorporates by reference her responses to Paragraphs I through 16 of Plaintiff's Complaint as if set forth herein at length. 18. (a)-(k) Denied as a conclusion oflaw. 19. Denied as a conclusion oflaw. 20, Denied as a conclusion oflaw. 21. Denied as a conclusion oflaw. 22. Denied as a conclusion oflaw. WHEREFORE, Defendant, Mary Anne Lard, respectfully requests judgment in her. favor and against the Plaintiff and/or other Defendants, John and Stephanie Redcay, Janice M. Janjanin and Colin M. Leight, together with such other relief as this Honorable Court deems appropriate. )",;,~~~~., <". '~... '''"-~,,' , .,- ."", ~~,_~,,"_~,,~Jl.. ~_""I ! COUNT III. PLAINTIFF vs. DEFENDANT COLIN M. LEIGHT 23. Defendant, Mary Anne Lard, incorporates by reference her responses to Paragraphs 1 through 22 of Plaintiff's Complaint as if set forth herein at length. 24. (a)-G) Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 25. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 26. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 27. Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. 28, Denied. These allegations are directed to a party other than Responding Defendant and, therefore, the same are denied with strict proof thereof required at trial. WHEREFORE, Defendant, Mary Anne Lard, respectfully requests judgment in her favor and against the Plaintiff and/or other Defendants, John and Stephanie Redcay, Janice M. Janjanin and Colin M. Leight, together with such other relief as this Honorable Court deems appropriate. NEW MATTER DIRECTED TO PLAINTIFF 29. Plaintiff's claims are barred by the applicable statute oflimitations. 30. Plaintiff has failed to state a cause of action upon which relief can be granted. 'r'Pii:Wlilil.lfi\m@Ii~~n '. _I'll ,=r ~_'-__ , 0 " c _ ,_ ". " . ~_.,,~~, "~.-4~ [ 31. Plaintiff is barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiff's alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 33. Any and all injuries and/or damages as described by Plaintiff in her Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. 34. Plaintiff's claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 35. Plaintiff's claims are derivative in nature and are barred as a matter oflaw. 36, Defendant breached no duty of care owed to Plaintiff under the circumstances. 37, Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 38. Plaintiff's claims are barred and/or limited by the applicable provisions ofthe Pennsylvania Worker's Compensation Act. 39. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. WHEREFORE, Defendant, Mary Anne Lard, respectfully requests judgment in her favor and against the Plaintiff and/or Defendants, John and Stephanie Redcay, Janice M. Janjanin and Colin M. Leight, together with such other relief as this Honorable Court deems appropriate. "~~dt~_ "_~"" I!] . .'-,' ,-, .. ~ NEW MATTER DIRECTED TO DEFENDANTS. JOHN AND STEPHANIE REDCAY. JANICE M. JANJANIN AND COLIN M. LEIGHT. PURSUANT TO PA.R.C.P. 62252(d) 40. Responding Defendant incorporates by reference her responses to Paragraphs 1 through 39 of Plaintiffs Complaint as if set forth herein at length. 41. Pursuant to Pa.R.C.P. 2252(d), should it be fonnd that Responding Defendant is liable to Plaintiff, which liability is denied, Responding Defendant alleges that Plaintiff s damages, said damages being denied, were caused by the negligence, recklessness and/or carelessness and/or strict liability of Defendants John and Stephanie Redcay, Janice M. Janjanin and Colin M. Leight and/or others, for the reasons set forth in the Complaint, and that Responding Defendant is entitled to contribution and/or indemnity, as may be appropriate, from such Defendants. WHEREFORE, Defendant, Mary Anne Lard, respectfully requests judgment in her favor and against the Plaintiff and/or Defendants, John and Stephanie Redcay, Janice M. Janjanin and Colin M, Leight, together with such other relief as this Honorable Court deems appropriate. ENNEHEY, WARNER, OGGIN BY: MATTHE . 0 S, ESQUIRE J.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3501 DATE: ,{2fJ,7- \OS _A ILIABIMLO\LLPG\:sfi31RKN\01226\00413 Attorneys for Defendant Mary Anne Lard ,,--,\~~~,l'! .'-"'" . ~1, - , '_' " "~ ,/l(1Ol~ VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiff's Amended Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by connsel in the preparation of the defense ofthis lawsuit. The language of the Answer with New Matter to Plaintiff's Amended Complaint is that of connsel and not my own. I have read the Answer with New Matter to Plaintiff's Amended Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiff's Amended Complaint are that of counsel, I have relied upon my counsel in making this verification, The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to nnswom falsification to authorities. DATE:1-~-oi'L ~ ~ MAR~ 105_ AILlABIMLOICORRI966991RKN\01226100413 '~>:<UJ~~';i'!!_" ___ -p , ".' ~,~- '_'l'~~~~~~~ CERTIFICATE OF SERVICE I, Angela Sanger, an employee with the law firm of Marshall, Dennehey, Wamer, Coleman & Goggin, do hereby certify that on this d-5.j4-. day of July, 2002, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre..paid, as follows: Brian D. Rosenthal, Esquire ROSENTHAL & STRAUSS Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 John R. Ninosky, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Colin Leight 1122 Femwood Avenue Maple Shade, NJ 08052 Janet Janjanin 1122 Femwood Avenue Maple Shade, NJ 08052 ~J~7A/'- Angela Sanger '~}~-~~~ -. ''''\''- ,~ [.. ~. '", -....= - "" -,,-~- ""h~ ,. ~ _~"C ~,~ TR!! ...,-H , _1:Ifflf!llII"~ ,~~ "~> ~ " =, . "-,, ,_'-,,,, ~""",..",,-,ii '^h"",,~. "'r."," ""-" - ~< - ~. ~-~, ,v"'*G:,;;;<~-,j;,.;k:__~'~fj~ 0 l:N ~ ~ (') c"', :-,1 C "J 'Il " .+: +- ""1JfiJ (" rnni ,= t.:t r 7'~'1 ~ ~ ~ Z:C ,---..) (J) , 01 7: (;'"' :5 :~ ~__L -- \:J .,;:;J ~(~2 ) ;5 C..J ;~ ,~~ ;~'i-', C'. ~7 ~;~ 0 Sl- ~ :en OS <..) ~- ~;1 '" '~r-4lii)k,,,!""",, "~jj!!~~""1IY~~Ni!~'n1'rG;.~":iif,"-YIi11-;')j'~P''''il~>;-,!\,~~,,~~I"::'--'~1d't'~l!l~- itnrT;L},l1!~I"'!. , -~i~~, 1.1 Ii ROSENTHAL & STRAUSS By: BRIAN D. ROSENTHAL, Esquire Identification No.: 26473 Seven Penn Center, 9th Floor 1635 Market Street Philadelphia, PA 19103 (215)656-4100 Attorney for Plaintiff AMANDA SCHAEFFER COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A -vs- CIVIL TERM JOHN AND STEPHANIE REDCAY and MARY ANNE LARD and JANICE M. JANJANIN and COLIN M. LEIGHT Defendants ORDER TO SETTLE. DISCONTINUE AND END NO. 01-6911 TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended as to defendants John and Stephanie Redcay and Janice M. Janjanin and Colin M. Leight, only, of record with the Court. ROSENTHAL & STRAUSS BY: ;&/~~_M~ ,f BRIAN D.ROSENTHAL, Attorney for Plaintiff '.'," _ 10_ \___t'_C''''..~"_ ,_". ,". . " "':~ .. " ,. ~ -~, -,-'. ~<- ~,~ ~"-,\.",..,:<",~'-" - N "<_~" . 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