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Home My WebLink About99-04772;,,,, -w; L .u?.l 1 1 i ,;:. ` ?'1 Jefferson J.Shipman, Esquire I.D. N: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant MIRIAM C. AUNGST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BETTY L. ORT, Defendant TO THE PROTHONOTARY: NO. 99-4772 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. B 4174 Je e on J. Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant DATE: September 2, 1999 28969.1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing doctunent upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on September 2, 1999: Henry F. Coyne Esquire 3901 Market Street Camp Hill, PA 17011-4227 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. qAtt e n J. Shipma Esquire rney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 28970.1 r r• - t; ?. v.. i i [7 7 s l.. '???J ?. ?? ::?_ V: _.. iP CJ Jefferson J.Shipman, Esquire I.D. N: 51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant MIRIAM C. AUNGST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4772 CIVIL TERM BETTY L. ORT, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Miriam C. Aungst, Plaintiff and Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 Attorney for Plaintiff YOU ARE REQUIRED to plead to the within New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. q.LeD RG, KATZMAN & SHIPMAN, P.C. e n J. Shipmansquire Box 1268 Harrisburg, PA 17108 Attorneys for Defendant, Ort Telephone: (717) 234-4161 DATE Identification No.: 51765 ?Q I CKa 29381.: 1 Jefferson J.Shipman, Esquire I.D. is 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant MIRIAM C. AUNGST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4772 CIVIL TERM BETTY L. ORT, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER AND NOW, comes the Defendant, Betty L. Ort, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is specifically denied that the Plaintiff was walking to the rear of Defendant's parked automobile when the Defendant struck the Plaintiff and knocked her down to the ground. It is also specifically denied that the Defendant continued to drive her vehicle in reverse, rolling, pushing and dragging Plaintiff's body azross the parking lot of the West Shore Public Library located at 30 North 313° Street, Camp Hill, Cumberland County, Pennsylvania. Strict proof thereof is demanded at the time of trial. 5. Denied. The averments contained in paragraph 5, subparagraphs (a) through (e) are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained there are specifically denied. 6. Denied. After reasonable investigation the Defendant is without sufficient knowledge and information to form a belief as to the truth of averments contained in paragraph 6 and the same are therefore denied. Strict proof thereof is demanded at the time of trial. 7. Denied. After reasonable investigation the Defendant is without sufficient knowledge and information to form a belief as to the truth of averments contained in paragraph 7 and the same are therefore denied. Strict proof thereof is demanded at the time of trial. 8. Denied. After reasonable investigation the Defendant is without sufficient knowledge and information to form a belief as to the truth of averments contained in paragraph 8 and the same are therefore denied. Strict proof thereof is demanded at the time of trial. 2 9. Denied. After reasonable investigation the Defendant is without sufficient knowledge and information to form a belief as to the truth of averments contained in paragraph 9 and the same are therefore denied. Strict proof thereof is demanded at the time of trial. 10. Denied. After reasonable investigation the Defendant is without sufficient knowledge and information to form a belief as to the truth of averments contained in paragraph 10 and the same are therefore denied. Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Betty L. Ort, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply Defendant, Betty L. Ort, interposes the following New Matters: 11. That the Plaintiff's injuries and damages were not caused by any acts, omissions, or breaches of duty by Defendant, 3 but were caused in whole or in part or were contributed to by the negligence, fault or want of care of the Plaintiff, Miriam C. Aungst. 12. That the Plaintiff's alleged cause of action is barred in whole or in part by the by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §71021 at secr., or by the Doctrine of Comparative Negligence. 13. That the Plaintiff failed to exercise reasonable care for her own safety under the circumstances then and there existing in the following: (a) Walking inattentively without first ascertaining whether it was safe to do so; (b) Knowingly and voluntarily encountering an obvious danger; (c) Failing to watch where she was walking; (d) Walking in the area of a moving vehicle; (e) Failing to see and appreciate that there was a vehicle in the process of moving from its parked position; (f) Failing to determine if the Defendant's vehicle would move from a parked position before walking into its path; and (g) Failing to walk an alternate route. 4 14. Plaintiff's failure to exercise reasonable care for her own safety was a substantial factor in the happening of the accident. 15. That Plaintiff knowingly and voluntarily assumed the risk of her injuries. 16. That any damages the Plaintiff may be entitled to recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et sea- 17. That Plaintiff's claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. §1705, et sea. 18. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 5 WHEREFORE, the Defendants, Betty L. Ort, respectfully requests that judgment be entered in her favor and that the Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, KATZMAN & SHIPMAN, P.C. Je fevPSOn J. Shipmany Esquire 3 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 28985.1 6 VERIFICATION I, Betty L. ort, have read the foregoing Answer and New Matter and hereby affirm 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. 84904. Bett . Ort DATE: q_9_?y 28987.1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on September 13, 1999: Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 Attorney for Plaintiff 28970.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. 4rAt *eono"J. Shipm n, Esquire neyy I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant "1 C' C? _ ;_ j { ?:J ? .? L ? .. ?.? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST TERM, 0000 -VS- CASE NO: 99-4772 BETTY L. ORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/11/99 v ?J. S? ESQUIRE Attorney for DEFENDANT DEII-134744 0 8 7 9 7- 1- 0 1 C OMMO NWEAL T H OF P E NN S Y L VAN IA a? COUNTY OP C UMB E RLAN D IN THE NATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST VS_ BETTY L. ORT TERM, 0000 CASE NO: 99-4772 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: HENRY F. COYNE MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 9/20/99 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740.814 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 0800 PHILADELPHIA PA 19103 (215) 246-0900 DE62-102435 0 8 7 9 7- C O 1 >>> LOCATION LIST <<< PAGE: MEDICAL 6 BILLING MEDICAL 6 BILLING PINNACLE HOME HEALTH CARE MEDICAL & BILLING RICHARD SCHREIBER,M,D. MEDICAL AND HOSPITAL BILL ORTHO. INSTITUTE OF PENN INSURANCE HOLY SPIRIT HOSPITAL MEDICAL 6 BILLING USAA CASUALTY INSURANCE CO. MEDICAL 6 BILLING JAGADEESH K. MOOLA, M.D. MEDICAL 6 BILLING ROBERT L. SHINDLER,M.D. DIPAK M. PATEL,M.D. DE02-102435 0 8 7 9 7- C O 1 ?. =0 1 OF PMOISI AfAMA c>x» DI! ar®axp MIRIAM C. AUNGST File No. 11 99-4772 • VS. BETTY L. ORT TO PR00u7e mn .?..,•? M .....v FOR DI SCOYERY FlFSWWT TO RIiE '009.22 TO: CUSTODIAN OF RECORDS FOR:PINNACLE HEALTH HOME CARE or rrson or Entity) ---'--- Within twenty (20) days after service of this subpoena, you are ordered by the =j t Produce the following d*wra lts or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET (Address) {ou may deliver or mail legible copies of the doaments or produce things requested this subpoena, together with the certificate of co:pliar4e, to the Party making tl request at the addrhs listed above. You have the right to seek in advance the resaonsI cost of Preparing the Copies or producing the things sought. If You fail to Produce the doctanents or things required by this su6poans within twee (201 , days after its service, the party serving this subpor,a nvy sack a court on comelling you to oonply with it. THIS SAPMM WAS ISSIJFD AT TW REOIEST OF THE FOLLOWING PERSON: NAPE: JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET P.O. BOX 1268 HARRISBURG,PA. 17108 TELEPHONE: (215) 246-0900 SUPRE?E COURT ID ATTORNEY FOR: THE DEFENDANT BY T1'E DATE: .? . 15+I1 I 1q99 Sea of the OoWt EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HOME HEALTH CARE 409 S. SECOND STREET STE. 2F HARRISBURG,, PA 17104 RE: 08797 MIRIAM C.AUNGST Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : MIRIAM C.AUNGST 325 WESLEY DRIVE, MECHANICSBURG, PA 17055 Social Security #: 419-40-7498 Date of Birth: 09-21.09 SU10-211692 08797-1-03. CERTIFICATE F PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST TERM, 0000 -VS- CASE NO: 99-4772 BETTY L. ORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10111/99 JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT DE11-134745 0 8 7 9 7- 1- 0 2 COMMONWEALTH OEr PENN SYI VANTA 1 h COUNTY OF C UMB E RI AN D IN THE MATTER OF: MIRIAM C.AUNGST _VS_ BETTY L. ORT COURT OF COMMON PLEAS TERM, 0000 CASE NO: 99-4772 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ) TO: HENRY F. COYNE MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Pules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 9/20/99 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740.814 Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MAP]C;T STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-102435 08797- C 0 1 r? >>> LOCATION LIST <<< PAGE: ------ LOCATION NAME MEDICAL 6 BILLING MEDICAL 6 BILLING PINNACLE HOME HEALTH CARE MEDICAL 6 BILLING RICHARD SCHREIBER,M.D. MEDICAL AND HOSPITAL BILL ORTHO. INSTITUTE OF PENN INSURANCE HOLY SPIRIT HOSPITAL MEDICAL S BILLING USAA CASUALTY INSURANCE CO. MEDICAL 6 BILLING JAGADEESH K. MOOLA, M.D. MEDICAL 5 BILLING ROBERT L. SHINDLER,M.D. DIPAK M. PATEL,M.D. DE02-102435 0 8 7 9 7- C O 1 aolamwm or r?aanvAem? oww" or aai»a?uo MIRIAM C. AUNGST File No. 11 99-4772 • No. VS. BETTY L. ORT SLBP?OE?ta TOP rx mn ss.rrc DISODVERY aeai.. TO RL! E M= TO: CUSTODIAN OF RECORDS FOR: RICHARD SCHREIBER,M.D. %nsw or rrson or Entity) Within twenty (20) days after service of this subpoena, you re ordered by the occrt produce the following dom :ynts or things: SEE ATTACHED yt THE MCS GROUP, INC., 1601 MARKET STREET (Address) You may deliver or mail legible copies of the doc:+nants or produce things requested this subpoena, together with the certificate of caeplianca, to the party making tl request at the address listed above. You have the right to $oak in advance the reasonw cost of preparing the copies or producing the things sought. If you fail to produp the downents or things required by this subpoena within twee (20`, days after its service, the Party serving this subpoena nay seek a cart are carpel l ing you to oaply with it. THIS SUBPOENA WAS ISSI AT THE RBORM OF THE FOLLOWIN3 PERSDN: NAM: JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET P.O. BOX 1268 HARRISBURG,PA. 17108 TELEPHOK0 (215) 246-0900 SUPREME ODURT ID M ATTORNEY FOR: THE DEFENDANT BY THE DATES?? , IR49 Pro otary/CI c, Oiv 1 Oivis Sea) of the Oart EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RICHARD SCHREIBER,M.D. 108 LOWTHER STREET LEMOYNE, PA 17043 RE: 08797 MIRIAM C.AUNGST Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : MIRIAM C.AUNGST 325 WESLEY DRIVE, MECHANICSBURG, PA 17055 Social Security #: 419-40-7498 Date of Birth: 09-21-09 SU10-211694 08797-L.02- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST TERM, 0000 -VS- CASE NO: 99-4772 BETTY L. ORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/11/99 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEII-134746 08797-1-03 CO MONWEALTH OF PENNSYLVANIA COUNTY OF CUMB E KLAN D IN THE NATTER OF: COURT OF COMMON PLEAS i MIRIAM C.AUNGST TERM, 0000 -VS CASE NO: 99-4772 BETTY L. ORT NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: HENRY F. COYNE MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 9/20/99 MCS on behalf of _JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740.814 Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-102435 0 8 7 9 7 C 0 l 4. >>> LOCATION LIST <<< PAGE: ?=DICAL 6 BILLING ?C-DICAL & BILLING PINNACLE HOME HEALTH CARE MEDICAL 6 BILLING RICHARD SCHREIBER,M.D. MEDICAL AND HOSPITAL BILL ORTHO. INSTITUTE OF PENN INSURANCE SU HOLY SPIRIT HOSPITAL ! AL b C BILLING USAA CASUALTY INSURANCE CO. ! DICAL a C BILLING JAGADEESH K. MOOLA, M.D . DICAL Q BILLING ROBERT L. SHINDLER,M.D. DIPAK M. PATEL,M.D. DE02-102435 08797-CO1. au Or ? mWAND? ND MIRIAM C. AUNGST Fi Is No. # 99-4772 • VS. BETTY L. ORT 1 TO PRCri err n.,,...l..r .. _ FOR D I SWVERY p os jp? 7 D RLi C T ee TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PENNSYLVANIA (NUN of Person or Entity) within twenty (20) days after service of this subpoena, you are Produce the following &M~ts or things: SEE ATTACHED ordered by the court at THE MCS GROUP, INC., 1601 MARKET STREET (Address) You may deliver or mail legible copies of tho doccjmts or Produce things requested this subpoena, together with the certificate of cerrplianee, to e the party making tI request at the address listed above. You have the right to seek in adv, cost of preparing the copies or producing the things sought. ance the reascx?al If you fail to produce the dommmts or things required by this subposm within twm (20) days after its service, the party serving this subpoena may seek a cart arc ccrmeIIing you to ce::ply with it. THIS SIJBPOENA WAS ISM AT TW REOIEST OF THE FOLLCWIN3 PERSON: NAM: JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET P.O. BOX 1268 HARRISBURG,PA. 17108 TELEPHONE, (215) 246-0900 WME?E ODIRT 10 M ATTORNEY FOR: THE DEFENDANT BY THE OOWT: DATE: C.21 • k5 )P Seal of the Cburt EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHO. INSTI'rUTE OF PENN 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 08797 MIRIAM C.AUNGST Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : MIRIAM C.AUNGST 325 WESLEY DRIVE, MECHANICSBURG, PA 17055 Social Security#: 419-40-7498 Date of Birth: 09-21-09 SU10-211696 08797-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS i MIRIAM C.AUNGST TERM, 0000 -VS- CASE NO: 99-4772 BETTY L. ORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/11/99 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEII-134747 08797-1,04 S? i COMMONWEALTH OF PEpiNSYLVANTA COUNT Y OF C UMB E RLAN D IN THE NATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST TERM, 0000 -VS- CASE NO: 99-4772 BETTY L. ORT NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: HENRY F. COYNE MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 9/20/99 MCS on behalf of CC: JEFFERSON J. SHIPMAN. ESQUIRE - 22740.814 Any questions regarding this matter, contact JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-102435 08797-C:03- J' >>> LOCATION LIST <<< PAGE: 1 RECORDS REQUESTED LOCATION NAME ?CDICAL 6 BILLING Y'DICAL 6 BILLING YD;DICAL G BILLING MEDICAL AND HOSPITAL BILL INSURANCE MEDICAL & BILLING MEDICAL 6 BILLING ?CDICAL 6 BILLING PINNACLE HOME HEALTH CAPE RICHARD SCHREIBER,M.D. ORTHO. INSTITUTE OF PENN HOLY SPIRIT HOSPITAL USAA CASUALTY INSURANCE CO. JAGADEESH K. MOOLA, M.D. ROBERT L. SHINDLER,M.D. DIPAK M. PATEL,M.D. DE02-102435 08797-Co--L a?*ua+>o?tza Or PPia810u m m1 mrlNrlr Or a>lsEIMAtp MIRIAM C. AUNGST File No. 11 99-4772 • vs. BETTY L. ORT ?? TO P1kYti rr ew. F? tLD 190DVERV w eay ae r r., Al! E 0o I = TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL %?mlm or rersan or Entity) Within twenty (20) days after service of this subpoena, You are ordered by the Cout PrOdxe the following doo~ts or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET (Address) YOU may deliver or mail legible copies of the doe:aeents or produce things requested this subpoena, together with the certificate of calPitanee, to the Party making 1a cost of request at the addrras listed above. You have the right to seek in adverxe the reasa-4 preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subPOWVI within (20) days after its services, the Party serving this subpoena rmy seek a curt on canpsl l in9 YOU ou to to 0031121Y with it two it. THIS SUBPOENA WAS I SSI?D AT THE REOLEST OF THE FOLLGIri I NO PER90N: NAME: JEFFERSON J. SHIPMAN, ESQUIRE ADCRESS:320 MARKET STREET P.O. BOX 1268 HARRISBURG,PA. 17108 TELEPHONE, (215) 246-0900 SIIPRREhE OOURT ID A ATTCI*EY FOR: THE DEFENDANT BY THE COIftT: DATE : 1S lei 'Prctho tary/Clerk. Ci Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 08797 MIRIAM C.AUNGST Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject : MIRIAM C.AUNGST 325 WESLEY DRIVE, MECHANICSBURG, PA 17055 Social Security N: 419-40-7498 Date of Birth: 09-21-09 SU10-211698 08797-L.04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST TERM, 0000 -vs_ CASE NO: 99-4772 BETTY L. ORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10111/99 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-134748 08797-L.05 ' C OMMO NWEAL T H OF PENN S YL VAN 2A I' COUNTY O F7 C UMB E KLAN D IN THE MATTER OF: COURT OF COMMON PLEAS MIRI.4.M C.AUNGST TERM, OOOD -VS- CASE NO: 99-4772 BETTY L. OP.T NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ( Note: see enclosed list of locations ) TO: HENRY F. COYNE MCS on behalf of JEFFEPSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Pules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 9/20/99 MCS on behalf of CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740.814 Any questions regarding this matter, contact b _ JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-102435 08-797--COI >>> LOCATION LIST <<< !CDICAL 6 BILLING YCDICAL S BILLING DICAL b BILLING *-'DICAL AND HOSPITAL BILL INSURANCE NCDICAL 4 BILLING 'CDICAL 6 BILLING !, DICAL 6 BILLING PAGE: PINNACLE HOME HEALTH CARE RICHARD SCHREIBER.M.D. ORTHO. INSTITUTE OF PENN HOLY SPIRIT HOSPITAL USAA CASUALTY INSURANCE CO. JAGADEESH K. MOOLA, M.D. ROBERT L. SHINDLER,M.D. DIPAK M. PATEL,M.D. I'.. DE02-102435 0 8 7 9 7- C O 1 axlem oP ammmA m NIRIAM C. AUNGST File No. # 99-4772 VS. BETTY L. ORT ANA TO pot'rv r rw7?rrc THINGS FOR V1 A"mnv pIRSUANT TO ffi a 4QQ 00 TO: CUSTODIAN OF RECORDS FOR: USAA %MWM CT vrson or Entity) Within twenty (20) days after service of this subpomm, you are orde,ed by the court produce the following documents or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET (Address) 'tou may delivr Or mail legible copies of the documents or Produce things requested this subpoena, together with the certificate of Co. liance, to the party making th request at the addrhs listed above. You have the right to seek in advance the reasonab cost of preparing the copies or producing the things sought. If you fail to Produce the doan>ents or things rewired by this subpoena within twen (20) days after its service, the party sr iv ng thissibposna may seek a cart Ord carpel l irg you to cmply with it. THIS SLSPOENA WAS I SSIk? AT THE REM EST OF THE FCLLOW I NO PS"M: NAM: JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS.- 320 MARKET STREET P.O. BOX 1268 HARRISBURG,PA. 17108 TELERIONE: (215) 246-0900 SLPREW COURT 10 « ATTORNEY FOR: THE DEFENDANT BY THE COLIRT: DATE, S-Z-A , l5, IciR9 'Prcthdwtry/Clerk; Givf1 Doris Seal of the Cart U I EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: USAA CASUALTY INSURANCE CO. 9800 FREDERICKSBURG ROAD SAN ANTONIO, TX 78288 RE: 08797 MIRIAM C.AUNGST POLICY#006570977071011 6 FRIST PARTY FILE RE: ACCIDENT OF 4-21-98 Any and all claims tiles. Dates Requested: up to and including the present. Subject : MIRIAM C.AUNGST 325 WESLEY DRIVE, MECHANICSBURG, PA 17055 Social Security A 419-40-7498 Date of Birth: 09-21-09 Date of Loss: 04-21-98 SU10-211700 08797-LO 1.. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST TERM, 0000 -VS- CASE NO: 99-4772 BETTY L. ORT As a prerequisite to service of a subpoena for documents and things pursuant to Pule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10111/99 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEII-134749 0879-7-1,06 COMMONWEALTH 01' P E NN S YL VAN =A COUNTY OP C UMB E RLAN D IN THE MATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST TERM, 0000 -VS- CASE NO: 99-4772 BETTY L. ORT NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: HENRY F. COYNE MCS on behalf of JEFFEPSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 9/20/99 MCS on behalf of CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740.814 Any questions regarding this matter, contact JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP, INC. 1601 MARKET STREET 0800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-102435 08797--COI MEDICAL 6 BILLING MEDICAL & BILLING MEDICAL 6 BILLING MEDICAL AND HOSPITAL INSURANCE MEDICAL 6 BILLING ?CDICAL 6 BILLING MEDICAL 6 BILLING » > LOCATION LIST <<< PAGE: PINNACLE HOME HEALTH CAPE RICHARD SCHREIBER,M.D. ORTHO. INSTITUTE OF PENN BILL HOLY SPIRIT HOSPITAL USAA CASUALTY INSURANCE CO. JAGADEESH K. MOOLA, M.D. ROBERT L. SHINDLER,M.D. DIPAK M. PATEL,M.D. DE02-102435 0 8 7 9 7- C O 1 axlt?rr or axaauwo MIRIAM C. AUNGST File No.ll 99-4772 • VS. BETTY L. ORT ENA TO PRnnrr ew. '- Trlldf?S FOR DISCOVERY w a L4? i RLL 009.22 TO: CUSTODIAN OF RECORDS FOR: JAGADEES K. MOOLA,M.D. %mwm or rarson or Entity) Within twenty (20) days after service of this subpoena, you are a.d@rad by the Cart Produce the following doc~ts or things: SEE ATTACHED ht THE MCS GROUP, INC., 1601 MARKET STREET (Addr "s) you may deliver or mail legible copies of this subaOena, together with the doeurdnts or Produce things requested the request at certificate of caMlianea, to the Pvty making t the addrras listed above. You have the right to seek in advance the reasonal cost of Preparing the copies or Producing the things sought. If You fail to Produce the docunents or things required by this subpoena within two (20) days after its service, the party serving this subpoena may seek a Dart or, compelling you to ca: ply with it. THIS SUBPOENA WAS ISSIJ® AT Tif FWAST OF THE FOLLOWING PERSON: MANE: JEFFERSON J. SHIPMAN, ESQUIRE ADORESS:320 MARKET STREET P.O. BOX 1268 HARRISBURG,PA. 17108 TELEPHONE: (215) 246-0900 SUPREM COURT ID N ATTORNEY FOR: THE DEFENDANT BY TM OOIM: DATE:- yak . 1z 1999 Seal of the Oou-t EXPLANATION OF REQUIRED RECORDv TO: CUSTODIAN OF RECORDS FOR: JAGADEESH K. MOOLA, M.D. 890 POPLAR CHURCH ROAD STE. 409 CAMP HILL, PA 17011 RE: 08797 MIRIAM C.AUNGST Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : MIRIAM C.AUNGST 325 WESLEY DRIVE, MECHANICSBURG, PA 17055 Social Security#: 419-40-7498 Date of Birth: 09-21-09 SU10-211702 08797-1,06 ?. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST TERM, 0000 -v5- CASE NO: 99-4772 BETTY L. ORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/11/99 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-134750 087-97-1,07 COMMONWEALTH 0F P E N N S YL VAN 2A COUNTY OF CUMB E KLAN D IN THE MATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST TERM, 0000 -VS- CASE NO: 99-4772 BETTY L. ORT NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: HENRY F. COYNE MCS on behalf of JEFFERSON J. SHIPM,AN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Pules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 9/20/99 MCS on behalf of CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740.814 Any questions regarding this matter, contact JEFFERSON J. SHIPM4N, ESQUIRE Attorney for DEFENDANT THE MCS GROUP, INC. 1601 MAUET STREET 1800 PHILP.DELPHIA PA 19103 (215) 246-0900 DE02-102435 0 8 7 9 7- C O 3. MEDICAL 5 BILLING MEDICAL S BILLING MEDICAL 6 BILLING MEDICAL AND HOSPITAL INSURANCE MEDICAL & BILLING MEDICAL L BILLING MEDICAL S BILLING >>> LOCATION LIST <<< PAGE: PINNACLE HOME HEALTH CAPE RICHARD SCHREIBER,M.D. ORTHO. INSTITUTE OF PENN BILL HOLY SPIRIT HOSPITAL USAA CASUALTY INSURANCE CO. JAGADEESH K. MOOLA, M.D. ROBERT L. SHINDLER,M.D. DIPAK M. PATEL,M.D. DE02-102435 08797-003- co+mlam?rm or eMaVZLWAM 217NP1c or am Am MIRIAM C. AUNGST File No. 11 99-4772 • VS. BETTY L. ORT SIBPOFNS TO PROpLrr nrvtiwst D I SOOVEriv ?„? PIRa uur TO RIIE_ 400?g TO: CUSTODIAN OF RECORDS FOR: ROBERT SCHINDLER,MD. (Nana of Person or Within twenty (20) days after Service of this subpoena, you re ordered by the court Dr'OdKe the fol loving doaJrmnts Or things: _SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET (Address) You may deliver he mail legible this subpoena oopias of the doeunents or produce things requestedI , together with the certificate of earpliance, to the Party making d request at the adcteas listed above. You have the right to seek in advance the rsasonab cost of preparing the copies or p'o ing the things sought. You fail (20)Ifdays after to produce its is docunmts or things required by this subpoena within twknl Oorpellirg you to conply with it. the Party srv,ing this subpoena may seek a cart Qr6 THIS SUBPOENA WAS I SSLIED AT THE F49MCST OF ThE Fd1Qt143 PERSON: HA4£: JEFFERSON J. SHIPMAN, ESQUIRE ?y AOORESS:320 MARKET STREET P.O. BOX 1268 l_ HARRI(215) 4 17108 •EL EP,?: (215) 246-0900 err StJ hmm =AT 10 0 ATTORNEY FOR: THE DEFENDANT rY BY THE COAT: OATE• Sr.Q=• I5, 1qq9 Seal of the court EXPLANATION OF REQUIRED RECORDS ?. TO: CUSTODIAN OF RECORDS FOR: ROBERT L. SHINDLER,M.D. 1524 CEDAR CLIFF DRIVE CAMP HILL, PA 17011 RE: 08797 MIRIAM C.AUNGST Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : MIRIAM C.AUNGST 325 WESLEY DRIVE, MECHANICSBURG, PA 17055 Social Security #: 419-40-7498 Date of Birth: 09-21-09 SU10-211704 08797-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST TERM, 0000 -VS- CASE NO: 99-4772 BETTY L. ORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/11/99 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT r 4 tF ( V S 7. 's DE11-134751 0879 7-1,08 CO1-nONGTEALTH OF PENNSYLVANTA COUNTY Or CUMBERLAND IN THE MATTER OF: MIRIAM C.AUNGST _VS_ BETTY L. ORT COURT OF COMMON PLEAS TERM, 0000 CASE NO: 99-4772 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS Note: see enclosed list of locations TO: HENRY F. COYNE MCS on behalf of JEFFERSON J. SHIPM9N ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Pules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by ccntacting our local MCS „ffice. DATE: 9120/99 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740.814 Any questions regarding this matter, contact MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-102435 08797- CO y ,y MEDICAL 6 BILLING N.EDICAL 6 BILLING MEDICAL G BILLING MEDICAL AND HOSPITAL BILL INSURANCE !=DICAL 5 BILLING MEDICAL L BILLING MEDICAL 6 BILLING >>> LOCATION LIST <<< PAGE: I LOCATION NAME PINNACLE HOME HEALTH CAPE RICHARD SCHREIBER,M.D. ORTHO. INSTITUTE OF PENN HOLY SPIRIT HOSPITAL USAA CASUALTY INSURANCE CO. JAGADEESH K. MOOLA, M.D. ROBERT L. SHINDLER,M.D. DIPAK M. PATEL,M.D. DE02-102435 0 8 7 9 7- C O 1 22"MMIUM Or r0aanvANa wllrm or apaWAND MIRIAM C. AUNGST File No. it 99-4772 VS. BETTY L. ORT 71A TOP err mn icy ? ? vR TH I N[? E4E7 u i smvEwv a egg TO Rt?E g ? TO: CUSTODIAN OF RECORDS FOR: DIPAK M.PATEL, M.D. lnena Of Person or Entity) Within twenty (20) days after service of this =AVee n a'OdA* the following d=~ts q. things: SEE ATTACHED are d the court at -THE MCS GROUP, INC., 1601 MARKET STREET (Address) YOU may deliver or mail legible 0001162 of the docunents or prOduce things requested this subpoena, together with the certificate of cenpliance, to the party making th request at the address listed above. You have the right to seals in adv cost of prepering the copies or produ0ing the things sought. anp the reasonab You fail to after its s?irvicthe e, is or things required by this subpoena within two" y =MM party serving this l l ir:g you to oa:ply with it. the subpOeK may seek a court ord THIS SAPMM WAS ISSIE?, AT THE REST OF THE FOL MINA PERSON: NAME: JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET P.O. BOX 1268 HARRISBURG,PA. 17108 TELEPHOW: (215) 246-090 SlPWf OMRT I D 0 ATTORNEY FOR: THE DEFENDANT BY THE CMW: n . DATE: ?c??• 15 1984 Seal of the fart 1 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DIPAK M. PATEL,M.D. OFFICE PLAZA 21 CAMP HILL, PA 17011 RE: 08797 MIRIAM C.AUNGST ALL RECORDS YOU MAY HAVE ON MIRIAM AUNGST AT BETHANY VILLAGE RETIRE- MENT COMMUNITY. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : MIRIAM C.AUNGST 325 WESLEY DRIVE, MECHANICSBURG, PA 17055 Social Security N: 419-40-7498 Date of Birth: 09-21-09 SU10-211706 08797-L 08 > „ ? >_ ? - i• c _.. ?? __ f __ .. , ;_ r. c ? C ' c. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST TERM, 0 -VS- CASE NO: 99-4772 BETTY L. ORT As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/13/1999 ??J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DE11-148374 0 8 7 9 7- L O 9, '? C 0M i0 NWEAL T H OH P E N N S YLVAN =A COUNTY OP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MIRIAM C.AUNGST -VS- TERM, 0 CASE NO: 99_4772 BETTY L. ORT NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS BETHANEY VILLAGE RETIREMENT OTHER TO: HENRY F. COYNE MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/22/1999 MCS on behalf of CC: JEFFERSON J. SHIPMAN, ESQUIRE - JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET /600 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-107657 0 8 7 9 7- C 0 3- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIRIAM C. AUNGST VS. File No. 1199-4772 BETTY L. ORT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: BETHANEY VILLAGE RETIREMENT CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: _ CAF ATTArPrn at THE MCS GROUP INS 1601 MARKET STREET STTTTF# S00 PHTTAnV.TPHTA PA Ig1al (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. i THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME JEFFERSON SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET P.O. BOX 1268 HARRISBURG, PA. 17108 TELEPHONE (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR. THE DEFENDANT BY THE _COURT: DATE Iv. /7%7 Pmthonotary/C Civil Division Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BETHANEY VILLAGE RETIREMENT 325 WESLEY DRIVE MECHANICSBURG, PA 17055 RE: 8797 MIRIAM C.AUNGST COPY OF HER APPLICATION FOR RESIDENCY, AND ALL MEDICAL REECORDS, DOCUMENTATION ON MIRIAM C. AUNGST. Subject : MIRIAM C-AUNGST 325 WESLEY DRIVE, MECHANICSBURG, PA 17055 Soria! Security A 419-40-7498 Date of Birth: 09-21-1909 SU10-221994 0B797. X09 I PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ('() for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) MIRIAM C. AUNGST, VS. BETTY L. ORT, VS. (Plaintiff) (Defendant) (check one) ( ) Assumpsit (x) Trespass ( ) Trespass (Motor Vehicle) (other) The trial list will be called on August 1_5._2090 and Trials commence on Septemhar 11 r 90nn. Pretrials will be held on August 94, 2000 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 99-4772 Civil .-Term- 19 99._ Indicate the attorney who will try case for the party who files this praecipe: Henry F. Coyne, Esquire Indicate trial counsel for other parties if known: Jefferson_J., _Sh.ipman,__Eraquire__ This case is ready for trial. Date: 1 G Signed: ___?`d..ryL6t.? Print Name: r-.t ?_ ?• o NC ---- Attorney for: j??n.J ti_ l 1??_____ ?, >- ?? ;:- ?, 4- ._ _, _? - =, s ._ ?-, u ,, k' v,?Y?:l SHERIFF'S RETURN - REGULAR CASE NO: 1999-04772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AUNGST MIRIAM C VS. ORT BETTY L BRIAN BARRICK _ Sheriff or.Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT upon ORT BETTY L was served defendant, at 15:16 HOURS, on the 10th day of August -- the 1999 at 2960 LISBURN ROAD MECHANICSBURG PA 17055 CUMBERLAND County, Pennsylvania, by handing to BETTY L. ORT a true and attested copy of the COMPLAINT together with NOTICE - and at the same time directing Her attention to the contents thereof. Sheriff's Costs. Docketing 18.00 So answers: Service 8.68 Affidavit 00 ? Surcharge 8.00 ?L 1 $3q-GU-COYNE & COYNE 08/11/1999 l //?// 9 A by ??GC? /l °?L1C Sworn and subscribed to before me this lict- day of 19-Q A.D. ?,.nt ?' she ?0 L MIRIAM C. AUNGST, Plaintiff Vs. BETTY ORT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4772 CIVIL CIVIL ACTION - LAW PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE DEFENDANT'S ASSERTION THAT PLAINTIFF WAS COMPARATIVELY NEGLIGENT Plaintiff, by her legal counsel, requests your Honorable Court to preclude any testimony or evidence whatsoever that Plaintiff was comparatively negligent regarding Defendant's impact with Plaintiffs body and causing Plainti ff serious bodily injuries: This case involves the Defendant backing her vehicle from a horizontal parking space at the rear of the West Shore Publie Library and making impact with the Plaintiff, a pedestrian, who was walking behind Defendant's vehicle at the vicinity of the rear (West) entrance to the Library. The impact occurred on April 21, 1998. 2. The Motor Vehicle Code 75 Pa. C.S.A. 3702, Limitations on Backing states: "General Rule -- No driver shall back a vehicle unless the movement can he made with safety and without interfering with other traffic and then only after yielding the right-of-way to moving traffic and pedestrians." 3. Before hacking it vehicle, the driver should be absolutely certain that no person is in his pathway and a driver who backs a vehicle, when he or she can not see what is behind him and has no one present to advise the operator what is behind him, is negligent. Also the usual rule giving an operator some lesser degree of care with respect to pedestrians in between intersections does not apply when a motorist is backing up. Ilronis vs. Wissineer, 412 Pa. 434, 194 A.2d 885 (1963). 4. The Plaintiff respectfully directs the Court's attention to the following enclosures: a. Defendant's Deposition of Plaintiff taken on March 16, 2000. b. Defendant's Deposition of Alexandra Huck (Witness) taken by Defendant on May 30, 2000. C. Telephonic statement given by Plaintiff to Plaintiff's Insurance Representative on April 23, 1998. 5. An objective reading of Plaintiffs Deposition (N.T. 10 to N.T. 14; N.T. 28 to N.T. 31), reveals that Plaintiff's actions in the parking lot did not in any manner contribute to the Defendant's vehicle striking and injuring Plaintiff. 6. Plaintiff respectfully submits that testimony of Alexandra Huck, when read in toto, lacks credibility. The Plaintiff suggests the Court evaluate Ms. Huck's answers especially during cross examination (N.T. 11 to N.T. 36). Her testimony is vascillating; it deviates substantially in many respects with the telephonic statement she gave the Defendant's Insurance representative on April 22, 1998; and finally her testimony is not credible to support an allegation of comparative negligence on the part of the Plaintiff. 7. With regard to Defendant's telephonic statement given to her insurance representative on April 23, 1998, Defendant stated regarding her observation of Plaintiff: a. "...So 1 looked to my left down the parking area, or the driveway of the Library. And it was clear, and glanced in my rearview mirror, and didn't see anything..." (Page 3) 2 a 'cF ,, ;t b. "...and when I stepped around to the back of my car, there was an elderly lady lying on her side..." (Page 3) C. "...1 wasn't even sure what happened, except, I had never saw her in my rearview minor..." (Page 3) d. "...I just, 1 just never saw her..." (Page 4) e. "...All I can say is, I just never saw her. I did look, it's a habit that I do look..." (Page 5) It is apparent Defendant did not exercise due care in looking for the presence of Plaintiff who was walking behind Defendant's vehicle when that vehicle backed from a parking stall; struck her; and injured her. 8. Plaintiff is scheduled to depose Defendant on Tuesday, September 5, 2000, and requests the opportunity to supplement this motion after Defendant is deposed. 9. Plaintiff respectfully submits it would be highly improper and prejudicial to permit Defendant to introduce testimony or evidence that Plaintiff was comparatively negligent when the record at this point in time is devoid of any foundation to support the Defendant's assertion of comparative negligence on the part of the Plaintiff. 10. Finally, Plaintiff respectfully submits Defendant's assertion of comparative negligence is a "smoke screen" in order to divert focus from the clear and convincing evidence of Defendant's negligence in backing a vehicle without proper lookout for the Plaintiff, a pedestrian, and causing her motor vehicle to strike and injure Plaintiff. 3 WHEREFORE, Plaintiff requests your Honorable Court to permit Plaintiff the opportunity to supplement this Motion after the deposition of Defendant and preclude the Defendant from entering any evidence or referring in any way to comparative negligence on the part of Plaintiff. Dated: T Respectfully submitted, HENRY F. CO E, ESQUIRE 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 4 CERTIFICATE OF SERVICE I, Henry F. Coyne, Esquire, hereby certify that true copies of the Plaintiffs Motion In Limine to Preclude Defendant's Assertion That Plaintiff Was Comparatively Negligent have been served upon the below-referenced individuals by sending the same by first class mail, postage prepaid, addressed as follows: Jefferson J. Shipman, Esquire Attorney For Defendant Goldberg, Katzman & Shipman, P,C. P. O. Box 1268 Harrisburg, PA 17108-1268 Dated: H OYN Esquire Attorney For Plaintiff 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 ice(' t MIRIAM C. AUNGST, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4772 CIVIL ACTION - LAW op BETTY L. ORT, Defendant.: JURY TRIAL DEMANDED 7?iA? CUpy E 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Deposition of: MIRIAM C. AUNGST Taken by: Defendant Before: Susan O'Hara, Notary Public Registered Professional Reporter Date: March 16, 2000, 1:35 p.m. Location: Bethany Village 325 Wesley Drive, Apartment 124 Mechanicsburg, Pennsylvania APPEARANCES: BY: HENRY F..COYNE, ESQUIRE FOR - PLAINTIFF GOLDBERG, KATZMAN & SHIPMAN BY: JEFFERSON J. SHIPMAN, ESQUIRE FOR - DEFENDANT Central Pennsylvania Court Reporting Services 717-258-3657 or. 800-863-3657 or fastfngers8aol.com r' 1 1 1 1 1 1 1 1 11 1! 2( 2] 22 2. 24 L 25 1 INDEX TO TESTIMONY 2 DEPONENT EXAMINATION 3 Miriam Aungst By Mr. Shipman 4 By Mr. Coyne 5 6 7 8 9 0 1 2 3 INDEX TO EXHIBITS I NO. DESCRIPTION i (None.) i PAGE 3 34 PAGE -••--?- •_••.•?y.r -a -urc eceporting Services 717-258-3657 or 800-863-3657 or fastfngerseacl.com ¦ ----_ E c 1( 1] lc 1. 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION '• It is hereby stipulated by and between 3 counsel that all objections, except as to the form of the 4 question, are reserved until the time of trial. J' MIRIAM C. AUNGST, called as a witness, hav: been duly sworn, testified as follows: BY MR. SHIPMAN: Q. Would you please state your full name for t record here today? A. Miriam C. Aungst. Q. And also, please, your address here at Bethany Village? A. 325 Wesley Drive, Mechanicsburg, Pennsylvania, 17055, Apartment 124. Q. Thank you. Ms. Aungst, my name is Jeff Shipman and I'm an attorney from Harrisburg and I represent Mrs. Ort who is a party and the defendant in a lawsuit that was filed here in Cumberland County. A. Yes. Q. The purpose for our meeting here today is f me to have an opportunity to meet you and to ask you questions about that case. A. All right. Q. As you can see, there is a young lady here Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngersBaol.com 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and she is transcribing what I say and what you say. A. Yes. Q. So, it's important for you to listen to the questions that I ask you today and, when I finish, to giv a verbal spoken response so that she can take your answer down. A. Instead of nodding. Q. Exactly. A. Right. Q. Mr. Coyne, your attorney, is here today and if for any r eason you want to discuss anything with him, then please feel free to do that. A. All right. Q. If for any reason you do not understand a question tha t I ask you, please let me know that. A. I will. Q. How about if we start by you telling me just a little bit about yourself, beginning with how old you are. =< i<G H. i•m yu years ola. Q. And what is your birth date? A. September the 21st, 1909. Q. And you are a widow? ' A. Yes. Q. What was your late husband's name? Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aoi.com "'°`: -- 5 4 c E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Foster W., Colonel Foster W. Aungst. Q. And he was in the service? A. Yes, Army. Q. Was he a career Army? A. Yes. Q. And when did he ultimately retire from the Army? A. 1960. Q. And when he retired, was he here in the Central Pennsylvania region? Were you both here? A. Yes, we were both here. He retired in Philadelphia, from Philadelphia. Q. And was it at that point that you were livin in Camp Hill? A. No, at that time we were living in Philadelphia. Q. When did you move to the Camp Hill area, the Harrisburg area? A. 1965, August the 5th, 1965. We moved to 3510 Walnut Street. Q. And was that an apartment? A. An apartment. And that's where we lived until he died and that's where I lived until I moved in here. 4` Where are you originally from; where is your I "a cencraz eennsyzvanza court Keporc2ng sereices 727-258-3657 or 800-863-3657 or fastfngersEaol.com - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 home? A. I was born and reared in Newport News, Virginia. Q. I've heard of that place. A. Well, of course you have. It's very well known. Q. There's a big military facility there, I believe. A. All kind of military is there. Langley Fielc is there; Fort Monroe is there; the Navy is across the hall, across the road in Norfolk. They have all kind of military there. Q. I think that my father spent some of his A. Fort Eustis is there. Q. Fort Eustis is there. A. That's transportation. Q. He was in the Army. A. That's transportation. Q. And he.tells stories about when he has'time off, he's going to Williamsburg to watch the movies. A. Yes, that's right there on the peninsula. Q. When did your husband pass away? A. December the 19th, I think, of 1996. Q. 1996? 'A. It was the 19th, wasn't it, Mr. Coyne? Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com 7 e 9 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. COYNE: Yes, that's what you told me, 19th December, 1996. THE DEPONENT: 19 December 196. BY MR. SHIPMAN: Q. And you stayed at the apartment then after he passed away? A. Yes. Q. When did you actually move to this apartment here at Bethany Village? A. September the 8th, 1998. Q. And have you always been at this apartment, number 124? A. Yes. Q. Let me ask you a little bit about the move to Bethany Village. Prior to this accident happening, which was in April, 1998, if I understand it, it was April 21, 1998? A. That's right. Q. Had there ever been any consideration from moving from your apartment in Camp Hill? A. No, I never even thought about being old, really. I never thought about it. I suppose I should have but I never thought about being old, but I got old overnight. But I never thought anything about moving because I -- went about my business, I drove my car, went Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 where I wanted to go and did what I wanted to do and there wasn't any reason for me to think about making any moves. I was happy in my apartment. My landlady was wonderful, my neighbors were nice. I had no reason to think about moving. I was perfectly happy. I hadn't even thought about moving anywhere. I was perfectly happy where I was. Q. And you had been there for? A. Almost 35 years, yes, since 1965. Q. what was the name of the owner of the building? A. D'Agostino, Janet D'Agostino. Because she was married at the time we moved in there and her husband died, but she lived right downstairs, her apartment was right under mine. Q. And you had a second floor apartment? A. I had a second floor apartment, which I like because I didn't want somebody walking on my head. Q. I understand that. A. Yeah, because when we looked at the apartment, Janet showed me the one across the hall, her mother lived downstairs when we moved in and they showed me one across the hall. I said, no, I don't want somebod walking on my head, I'd rather be upstairs. So then we took the one above. Then of course Janet's mother had a fall and Central Pennsylvania Court Reporting services 717-258-3657 or 800-863-3657 or fastfngersBaol.com 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they had to move her to the geriatric section al Polyclinic Hospital where she later died. And t moved into her mother's apartment. So that's how it was. But Janet was a wonderful landlady. She really was. Q. Is she still alive? A. Oh, yes, Janet is still the landlady. There is no reason why in the world I would think about moving. I didn't think about it. Q. Do I understand you have a daughter? A. I have a daughter. Q. You have one child? A. Um-hum. Q. And her name is Nickie Riggins? A. Um-hum. 4• R-i-g-g-i-n-s. A. And I have a stepson who's Charles Aungst an he lives in Philadelphia. And I have a stepdaughter and she lives in Wernersville. Q. Wernersville, Pennsylvania? A. Um-hum. I seldom see her, but I see my stepson very often. Q. What are their names, your stepson and stepdaughter? A. The stepson is Charles Aungst. And the stepdaughter is Carolyn Musante. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com , 10 1C 11 1e 1? 14 15 16 17 18 19 20 21 22 23 24 25 L Q. Can you spell her last name? '- A. M-u-s-a-n-t-e, Musante, Italian descent. s Q. Where does Charles -- what part of Philadelphia is he from? A. Lived in Rockledge. That's near Fox Chase. You know where Fox Chase is. It's near Fox Chase. Q. Yes. You mentioned driving, that you would drive on your own? A. Oh, yes. Q. When did you stop driving? Are you still driving? A. No, I stopped driving when I had the accident. I was a total wreck. I was a basket case, I couldn't see. I was all shaky. So I haven't driven since the accident. I had to sell my car. That's the reason I had to mov(, I couldn't manipulate. Q. Okay. Let me ask you about the accident. I know from the information that Mr. Coyne gave me where it happened. I know some of the details of it, but I just want to hear in your words what happened. Do you remember the time of day that it happened? A. It was early in the afternoon, about 1:30, early in the afternoon, a beautiful sunshiny day. Q. And you were going to the West Shore Library? ;A. I went to the library. I parked my car in uencrat eennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com 1 the first space. You know how you come in and park 2 diagonally. The first place was vacant, so I pulled in 3 there. You can't tell how many are going to be, so I 4 pulled in there. And I was walking -- you have to walk up 5 the driveway to the entrance. And I had a bag of books in 6 one hand and my purse in the other hand. And I was 7 walking up the driveway. 6 I was almost to the door and I glanced 9 behind. There was a car coming, so I stepped aside. And as I stepped aside, this car backed out into me. Well, I L was never so surprised in my life that here comes this car ? and down I am all over the road and the car kept coming. f I, of course, dropped everything. With my hand on the bumper, I held onto the car because, of course, she was coming very slowly. She pushed me all the way across the driveway or else she'd have run over me. But I was holding with my hands and she pushed me all the way across the driveway. People came from everywhere. You know how a crowd gathers; you don't know there's anybody around. An I thought I had dislocated the shoulder because it hurt so. And I'm right away trying to get up. And this lady who came from one of the groups wouldn't let me get up. So, I stayed there and they called my sister-in-law, and luckily she was at home. She's never at home, but she was 1 1 1 1 L D 1' 1£ 15 2C 21 22 23 24 25 --z a eporcing Services 717-258-3657 or 800-863-3657 or fascfngers8aol.com 1 1 1< lE li 18 19 20 21 22 23 24 25 n .. at home that day, thank goodness. And of course they called the ambulance and the police came and ho, ho, ho. There you have it, that's the way it was. Q. Okay. That day you drove to the library? A. I did. Q. And you parked in the first aisle as you con down the driveway at the end of the library, you went to the first space. And then you got out of your car and started to walk along, if. I understand, behind the line o cars that were parked there? A. Right. Q. Do you know as you were walking along behind those cars, whether you were holding onto the cars? A. Now, how could I hold onto the cars? I had one hand with the purse and one hand with the books. I don't have but two hands. Q. Which hand did you have your purse in? A. Well, I assume that I had my purse in the right hand and the books in the left, but I wouldn't swear about that. It could have been the other way. But I assume my purse was in the right hand and my books -- but I had only two hands there were no more hands to get to. I did walk with a slight limp because I have a bad knee. My cartilage is all gone in my left knee; it's shot. So, it's bone on bone and it hurts when I 1 2 3 4 5 6 7 3 3 ?vurc aeporcing Services 727-258-3657 or 800-863-3657 or fasCfngers8ao2.com 1? 1 walk, so I favor the knee and, as a result, I walk with a 2 slight limp. And I walk slowly because I do everything 3 slowly. I walk slowly, but I wasn't holding on to 4 anything because I didn't have any more hands to hold. I 5 didn't need -- I had walked all the way up. I was almost 6 to the door, about ready to go in. 7 Q. So you had walked past -- 8 A. I walked the full length of the driveway. I 9 walked all the way up and I was to the door, almost to -- 3 I think there was only one car parked in front of the 1 door. And then I saw this car and so I just stepped 2 aside. I guess, and the car was still stopping, but you 3 can't tell how fast people are going, so I just stepped I aside in case they wanted to go through. Then when I i stepped aside, this car -- down I went. Q. Okay. I'm just trying to understand myself ( how this happened. A. Well, that's how it happened. Q. Did you see the car that you referred to that i backed out, my client's car, Mrs. Ort's car, before that car began to back out? Did you see the driver or could you tell in any way that that vehicle was about to come out? 1 1 1 1 1 1 1 li 1! 2( 2: 2, 2: 2? 2` A. Heavens no, I didn't know there was anybody in the car. I assumed all the cars were empty. I was ?encrai eennsyivania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com 14 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 walking along, I was getting to the entrance. I wasn't paying any attention to the cars. I was getting to the entrance. Q. Do you remember what the car looked like at all? A. It was a dark automobile, that's all I know. See, the car came out just as I stepped up. It was just such a shock for the car was right there. I hadn't really a chance to see the darn car. It just came out of the blue. I don't know what color the darn thing was. It was an automobile; I know that. And it hit me; I know that. And it ran me all over the road; I know that. And I've never hurt so much in my whole life. Every bone and muscle in my body was bruised and battered. And if I hadn't had some good bones -- I've got good bones. I've had plenty of broken bones. Not very many women as old as I am would have had a fall like that and not break a hip or pelvis, but I've got good bones and thank God they didn't break. I just broke the shoulder. Q. You fell down on your right side? A. I fell down on that side. And I can't tell you the excruciating pain. You have no idea how it hurts when every bone and muscle in your body hurts. I couldn't even brush my teeth. I couldn't move. Any move, any move was just agony, total agony. My daughter came from Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fascfngers@aol.com 1F 1 Wisconsin and stayed with me for two months. I couldn't 2 do anything. I'm not a crybaby, but I hurt so that I 3 cried. 1f 1. lE 17 18 19 20 21 22 23 24 25 4 Q. I don't understand how much pain you were in, 5 but I understand what you're saying. Do you remember i being at the scene, speaking to my client at all? 1 A. I don't even know -- I think my eyes must I have been closed. I don't know what the lady looked like. i They wouldn't let me get up. I don't know what anybody i looked like. I just know that I was down on the ground and I didn't like it because I hurt. But, of course, it was the next day when I really began to hurt because they sent me home from the hospital, and it was terrible getting home but I got home. But then it was the next day, I couldn't move. Q. Do you remember being taken in the ambulance to the Holy Spirit Hospital? A. Oh, sure, I remember it all. Q. Do you remember being treated at the hospi in the emergency department? A. I remember it all. Q. And I think you mentioned earlier that someone, a relative, came and took you home from the hospital? A. My sister-in-law came. As soon as they I •?-?_ «,.. .,y.. ,. a,,.a uoorc Keporcing Services 717-258-3657 or 800-863-3657 or fascfngersBeol.com 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 called her, she came right away to the hospital. Q. What's her name? A. Her name is Madeline Dengler. She lives in Mechanicsburg. She's my guardian angel. She stayed with me until Nickie came, got there from Wisconsin, because it took her a while to drive from Wisconsin. Q. Can you spell Dengler? . A. D-e-n-g-l-e-r, Dengler, Madeline Dengler. Q. So she brought you home and then your daughter came from Wisconsin? A. Yeah. Q. Did she come that day? A. She left right away. Wisconsin is some distance, so it took her awhile to come. She had to drive -- I can't remember if she spent the night anywhere. It took her a couple of days to get there. But Mamie stayed with me until she came because I couldn't do anything. Q. Where does she live in Wisconsin? A. She lives in Milwaukee. Q. What does she do for a living? A_ She's retired. She's retired from Social Security. That's why she could stay for two months. She's retired and her husband is very broad-minded and a wonderful guy and he was very nice about the whole thing Central Pennsy2 vania Court Reporting services 717-258-3657 or 800-863-3657 or fastfngers8ao2.com 1 and understood it was necessary that she stay with me. 2 And she and my granddaughter, who lives in Houston, they 1l 1. 16 1E 17 18 19 20 21 22 23 24 25 3 moved me when I moved because I couldn't do all that. So 4 they did everything. They moved me and did everything for 5 me. 51 Q. We have the medical records, but do you have 7 a recollection of being treated by Dr. Litton for your -- A. Oh, yes. 3 Q. -- shoulder? A. Yes. Q. If I understand correctly, he put your shoulder in a brace? A. But I didn't have to wear that very long. Q. After you went home from the hospital, were you having any difficulty immediately -- shortly after you came back from the hospital, were you having any trouble walking? A. Well, I couldn't walk. Q. You could not walk at all? A. I couldn't walk. I couldn't do anything. I was a basket case. Q. So you could not walk at all when you got home? A. No, I couldn't walk. Q. According to the medical records, your right rennsylvanta court Reporting services 7I7-258-3657 or 800-863-3657 or fastfngers8aol.com i .18 .I shoulder seemed to be substantially improved within about ' a month? E E c 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes, because I heal quickly, thank goodness. Q. And Dr. Litton, you didn't see him anymore after about a month? A. No, I've forgotten. I didn't go to see him very often. But, he took all my pain very lightly, you know. He didn't hurt, so he took it very lightly. But I didn't take it very lightly. It was horrible. But it went away after a while. Gradually it went away. Q. According to the medical records, you developed a problem with one of your -- I believe your right knee. You developed some swelling or -- A. That was the left knee. The left knee I had problems with but, yeah, it swelled up like a balloon. Q. Do you have any idea what caused that to happen? A. The cartilage is gone and it was all that rubbing, the bone on bone and it got inflamed. And this fluid -- my knee filled up with fluid. Q. And they had to take the fluid out? A. They went and drained it and gave me a shot which gave me temporary relief. But I had the probable because the cartilage is gone, and it was gone before the accident. Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com lc li E 1! 1. 1E li 18 19 20 21 22 23 24 25 1 Q. Have you had surgery on your left knee 2 before? 3 A. No, because my doctor didn't recommend it. 4 Dr. Hallock said I should have a knee replacement, but 5 when I came here, my doctor looked at my records and he 5 said he wouldn't recommend in my case, with such a long 1 convalescence, he wouldn't recommend a knee replacement. 3 Q. Do I understand the left knee has been a 3 problem for years? A. Yes, it's not new. The knee is not new, but it just -- everything just got all fouled up. It's been downhill ever since that. Q. Was your principal injury -- I know that you hurt all over. But was the principal main injury that yo sustained, the physical injury to your body from this impact with this car and being knocked over, was it the right shoulder injury? A. That's the only thing that showed anything that was incidental. And by the way, I still don't have the full use of my shoulder. Q. Do you still have any pain in your shoulder? A. I still can't use it. I still don't have the full use of it, I guess I never will. Q. Do you have pain there? A. But the shoulder, incidentally, it's all the =.. ?<a< rennsyzvanza court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8ao1.com 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rest of it that was so awful, the terrible trauma to my whole body. You can't take a 90-year-old body and beat it up like that and not have terrible repercussions. You just can't. So, as I say, I didn't think about being old. But suddenly, after that, I was an old lady. Q. Can I ask you some questions about your health generally and what your health was like before the accident? A. I always was healthy. Q. How about your eyes? A. I've had glaucoma for years. ?_d, of course, that got worse. Everything got worse. Any kind of trauma is bad on glaucoma. And, of course, my eye doctor, Dr. Rife, retired. And then Dr. Coleman, who he recommended, he retired. So, my doctors retired on me. Q. And you ultimately ended up with Dr. Schindler? A. Yes, but I've only seen Dr. Schindler about twice. He doesn't know me from a hole.in the ground. He doesn't know me. Now, when Dr. Coleman retired Q. Can you spell that for the reporter? A. C-o-1-e-m-a-n. He transferred the records to Dr. Daily. I didn't want to go to Dr. Daily because I heard some things about him that weren't nice. And so Dr. Schindler used to be in with Dr. Rife, so I decided I'd go Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com 2 t E i E c 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to Dr. Schindler. So I went to Dr. Schindler. Well, that was just before the accident. I think I'd only seen him one time. And he was supposed to get my records from Dr. Daily. But when Nickie was here this past January, her doctor wants my records because of my glaucoma history, checking her eyes. She called Dr. Schindler for my records and he didn't even have them. They were still at Dr. Daily's. So that's how much he knows about me. Q. Did Dr. Schindler ever operate on either of your eyes? A. I said Dr. Schindler has only seen me one time. Q. Did Dr. Rife operate on them? A. Oh, yes, Dr. Rife did both my cataract operations. I went over to Will's Eye and they did some laser surgery over there. Dr. Rife also did some laser surgery. And he did a cryo-something on my retina, so. Q. Have you had surgery on both eyes? A. Both cataracts, yes. Q. Is one eye worse than the other? A. Yeah, the left eye is almost all gone. Q. Do you almost have no vision in the left ey, A. About half of it's gone. Q. Was that the case about the time this Central Pennsylvania Court Reporting services 717-258-3657 or 800-863-3657 or fastfngers8aol.com 22 11 happened as well? 2 A. Yes, and both of them have gotten real bad, 3 and now I'm legally blind. 4 Q. I saw a letter from Dr. Schindler, a to whom 5 it may concern letter. That was in 1999. Who was that 6 letter to? Do you know who he was addressing that to? 7 A. I guess Internal Revenue. 8 Q. Okay, okay.. Did the eyesight have anything 9 to do with not driving any more, not able to drive or your 10 not having a license or anything? 11 A. I have a valid license now that's good until 12 1994 -- I mean 2004. But I sold my car because I can no 13 longer see to drive and I'm too shaky. I'm too shaky. 14 I'm so trembly. I'd be a menace behind the wheel. I 15 wouldn't even attempt to drive. I sold my car. 16 Q. There's reference to a Dr. Moola. He's a 17 medical doctor. And you saw him after this accident? 18 A. Yes, I did. 19 Q. Can you briefly tell me why you wanted -- why 20 you saw him and who told you to go to him? 21 A. Because I was in the depth of despair when I 22 moved in here. The doctor felt that I needed some SJ 23 psychiatric help. v 24 Q. Did Moola help you? ffu 25 A. Yes, he did, he did. I took some Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngersBaol.com -- 2 3 I E E c lc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 antidepressant medicine for a while and another something he gave me for a while. He helped me. But it was a great adjustment to have to move in here. It was a great adjustment. Q. Is that improving? A. I'm getting better, but it's still -- it's still quite a Q. I'm sorry, I didn't mean to -- A. I've always been kind of a loner. I don't like big crowds of people. I found the atmosphere in here with all these old people in wheelchairs and walkers, I found the atmosphere very depressing. I've just had a hard time adjusting, but I'm getting better. I'm doing better. Q. Do you have friends that visit you here? A. Yes. Q. I would imagine that living in Camp Hill for 35, 40 years, you developed a few friends. A. The only thing is all my friends have died. You're getting 90 years old, everybody's dead. I used to be an avid bridge player. All my bridge players have died. I've given up bridge now because I don't see very well and it makes me nervous, so I quit trying to play bridge. Q. How about church services? uencrai eennsyivania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngersdaol.com .. .. r 4 G E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 A. well, now, I've always gone to church, but the last couple of weeks I haven't gone to church. Q. What church did you belong to? A. I go to Camp Hill United Methodist. It's a wonderful church and I miss it. But I ride the bus and I take my walker. But they have a ramp. When I -- sometimes I'm so shaky going up the ramp. And when I come out of the church, if the sun is shining, I can't see a thing. I just can't see anything. Then in the church, I can't see too well, the program. So I've decided it's just too much effort. Q. Does the bus come to here at Bethany Village? A. And takes me right to church. Q. Can you also go other places on the bus, like the mall or A. Yeah, but I don't have to rely on the bus because my sister-in-law comes and takes me to the store and to the places that I want to know. I'd say she's my guardian angel. I don't know what I'd do without her. Q. Have you had any problems with falling and injuring yourself since this time? A. Yes, I fell. I had a terrible fall down in the dining room some month ago. That's why I found out what good bones I had because I thought surely I must have broken my hip or my pelvis. I felt like somebody picked Central Pennsylvania Court Reporting services 7I7-258-3657 or 800-863-3657 or fastfngers8aol.com 2 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me up and threw me on the floor. I just lost my balance. I don't know if there was something sticky on the floor or what. But anyway, I fell, kerplunk. When they took me to the hospital and x-rayed me, I didn't have any broken bones. Q. Did you cut yourself? A. I made a big knot on my head and that bled. I didn't have any broken bones but I felt like a truck h ran over me for a few days. Nothing like the other accident, but I was still kind of sore and stowed up for few days. But I know I've got good bones to take a fall like that. Q. Have you ever needed to be on any antidepressant type of medication before? A. No, not -- I never thought about a psychiatrist. Q. Did your family doctor ever prescribe any kind of antidepressive medication before this? A. No, no. Q. Were you taking any medication on the day that this happened? A. My usual. I take a Lopressor for my blood pressure, and one aspirin, and a little Neptazane pill f( my glaucoma, and three kinds of eye drops, and a Nitro patch for my heart. That's all. I've had that -- I do Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com ,. , - - 26 1 1. 1. 11; lE li lE 1S 20 21 22 23 24 25 1 that every day, so it's not unusual. 2 Q- You've been taking those for a long time? 3 A. For years and years, yes. 4 Q. Can I take a break -- 5 A. Sure. 6 Q. -- and talk to Lori for a minute and then 7 come back. 3 A. Sure, sure. 3 (Recess.) l By MR. SHIPMAN: Q. I have a couple more questions about the day of the accident. I assume you had been to the library I many times before. Is that correct? A. Yes. Q. And did you always drive to the library? A. Yes. Q. Did you always go alone or did you sometimes go with other people? A. Most of the time I went alone. Q. Were there other times that a friend or a family member went along with you? A. I don't think so. Now, when my husband was living, we went together. Q. After your husband's -- ;A. After my husband died, I went alone. And -=••??o. .-_•••>yi,.ania court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com 27 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then when he was living, sometimes I went alone. Q. How often would you go to the library? A. Oh, I don't know. Because I always got several books at a time. I don't know how often I went. I have no idea how often I went. Q. When you would go shopping or out of your house generally, would you typically go by yourself or would you A. I was usually by myself. When my husband lived, I was with him. I told you, I'm a loner. Most of the time I was by myself. When I went places, to parties, I was usually by myself. Of course, unless it was nighttime and then I would be with somebody. But when my husband was living, we were always together. And he died in 196, you see, and this happened in 198. So, I wasn't a widow very long before this happened. So it wasn't very long, you know, that I didn't have him. We were always together. We never were separated. He went to the store with me and I picked out the groceries and he paid the bill. Q. Was there a particular distance that you would walk or a distance -- A. No, we used to walk a lot together when we could walk. I used to love to walk. Now I can't walk. But I used to love to walk. We walked a lot. I loved to Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com l E c 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -? 28 walk. Q. When you went to the library on this particular day, you told me that you had in one hand your purse and the other hand you had a book? A. A bag of books. Q. A bag of books? A. I had a little bag that my sister had made, embroidered. It was beautiful. I still have it, I guess. It was nice to carry several books in. I had it on one arm and then I had my purse on the other. I'm pretty sure it was this way and this way. Q. Were you having any difficulty carrying those? A. No, I wasn't having any difficulty at all. I was merrily walking up the driveway to go to the library and I was almost to the library. I wasn't having any difficulty. I just walked up to the library and I looked around and saw the car and I stepped aside a--rid that car banged into me. And that's the story.. And that's the way it was. That's the way it was. Q. I just want to ask you again about the car banging into you. Do you have a recollection of my client's car actually striking you, impacting you? A. Very, very much so. Here comes this big car banging.right into me. Lencral eennsylvanaa Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngersoaoi.com 29 E E C 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. What part of your body did it strike? A. My whole left side. It hit the whole left side and knocked me down. In fact -- Q. When it knocked you down, did the car stop? A. Now, she kept coming. She kept coming and coming and coming and everybody was screaming and I was being pushed all the way across, all the way across the driveway. If this happened here and I ended up on the other side of the driveway with my head almost to the door. Q. Okay. So your head was almost up by the doorway? A. Yes, almost by the -- she pushed me. But finally she stopped because if I hadn't had my hands on the bumper, the car would have run over me, I would have been under the automobile. Q. You weren't under it, though? A: No, because I had my hands on the bumper, see. As the car moved, I moved, I kept moving. Q. So you're moving back -- A. But finally she stopped and she got out of the car and I heard her say, oh, I'm so sorry. I have no idea what she looked like. I just heard her say oh, I'm so sorry, which I'm sure she was. I know she was. I could imagine how I would have felt. She just didn't hea Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com 0 a 30 all this screaming and hollering that everybody was doing, including me. Q. Was it a bright sunny day? A. Bright sunny day, early in the afternoon. A bright sunny day. Q. The fact that it was a bright sunny day, did that cause you to have difficulty seeing? A. No, I had no difficulty seeing at all. It's only when I face right into the sun. Now, if I would have been facing right into the sun -- of course, then my eyes were a whole lot better than they are right now. I wasn't blinded by the sun like I am now. That I didn't have as much trouble with. But I had no trouble with the vision then. Except when I had my cataract operations, Dr. Rife did not do implants on me, my lens in my glasses, so that I don't have as much peripheral vision as a person who has had implants. My peripheral vision is limited and it always was since the operation. I have -- I see better straight ahead. But there was no limit to my -- I had as good a visibility as I could possibly have had. It was a bright sunny day, perfectly clear and I could see, and I could see the car coming. You can't tell how fast they're going. The car, I guess, stopped, but I didn't know it was going to stop. I just automatically stepped aside in case they wanted to go f c 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com -Z i 1 through. And when I stepped aside, that's when the car 2 Q. When you stepped aside -- 3 A. I stepped aside. 4 Q. Did you step towards the parked cars? 5 A. Towards the cars. And that's just as I 6 stepped aside is when the car came and banged right into 7 me. What a surprise. What a surprise. All those cars 8 were sitting there and I. just assumed they were going to 9 still sit there, I guess, but they didn't. That's the m ] it was. That's the way it was. L Q. You testified that your daughter came and st ? spent some time with you -- t A. Two months. E Q. -- after the accident. Did she or her f husband offer to have you come to Wisconsin to live with them or near them after this accident? Have they ever done that? A. They wanted me to come but I wasn't about to go live with them. Q. Why would you not want to do that? A. Well, I don't want to go live with my daughter. What are you talking about, going and living with my daughter. I wouldn't think of going and living with her and ruin her life, no way. No way, I would not go live.with her. 1 1 1 1. L U U 15 2C 21 22 23 24 25 1v11"Iy4van2a caurc Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com 32 1 2 3 4 5 6 7 S 9 10 11 12 13 14 1_ lE li lE is 2( 21 2, 2] 2, 2' Q. Has she come -- A. They've moved to Tennessee. They now live in Clarksville, Tennessee. And they now have a lovely home down there and they would love to have me come. But I'm not about to go. I'm not going to go and mess up their lives. I'm independent and I'll stay that way. Q. Was your driving ever a concern of hers? A. No. Q. That you should not drive at all before this accident? A. No, she knows that I couldn't. She knows that I wouldn't even try. Q. Now you wouldn't? A. Yes. Q. I mean before this accident, was this ever a concern of hers? A. No. I had to buy a new car a couple years before this happened. I didn't want to buy a new car at my age but the car I had was driving me nuts because it kept breaking down on me and not wanting to start when I wanted it, and stopping in the middle of traffic and all that. So I finally got rid of it. I bought this little Neon. I just loved that little old car. And it was so lively. Darned if I didn't get a ticket for speeding. Well, my grandchildren had a ball. They thought that was Central Pennsylvania Courr xeporcany orrviceo 717-258-3657 or 800-863-3657 or fastfngers8aol.com a 1 1 1 1. 11: if 1. lE 20 21 22 23 24 25 1 wonderful, their 90-year-old grandmother getting a 2 speeding ticket. That was such a lively little old car. 3 I didn't realize the cop was behind me, and I was sailing 4 down the Carlisle Pike. But that was before the accident, 5 you see. 6 Q. Had you -- 7 A. That was before I fell apart. 8 Q. I know that you never gave any consideration 9 to moving before. Did your sister or your friends or 3 family members, did they ever have any discussion with you L before this happened about moving? ? A. My sister died years ago. 3 4. I mean your daughter. Had your daughter or ! anybody else A. No. 4- Nobody ever had a concern that you should consider moving to a place like this? A. No, because they all knew I was perfectly happy and everything was fine. All was well, so there wasn't any need to talk about it. We didn't need to thin about it. I didn't even think about being old. But, oh boy, I got old. MR. SHIPMAN: I think those are all the questions I have for you today. I appreciate your answering my questions for me. a. "'jnsyivanza court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com r? L 1'. V lE 11 18 19 20 21 22 23 24 25 1 THE DEPONENT: Well, I just told you the way 2 it was. That's all I can tell you, that I just know I 3 went through H-E double L. And I'll say ever since then, 4 it's been downhill. 5 BY MR. COYNE: 5 Q. I have a couple questions just to amplify a 7 little bit of the answers that you gave to Mr. Shipman. 3 Do I gather from your testimony, Mrs. Aungst, that if you 3 didn't have this impact, this injury, you most likely 1 still would be living in the D'Agostino's apartments? A. Absolutely. That's where I would have been still driving my little old automobile. But I wouldn't get any more speeding tickets. I learned my lesson. It's kind of expensive. Q. Is it true that as a result of the injury to your right shoulder, you still don't have full use of it? A. No, I don't. Even though I take exercises every day, I still don't have the full use of that arm. Q. Is it true that as a result of this impact, you began to -- you lacked the ability to see and you had to give up driving? A. Right. Q. And you're no longer under the care of Dr. Moola? A. That's right, no. I only went to him for ?111.... cc„usyavania lourc Reporting Ser?lces 7I7-258-3657 or 800-863-3657 or fascfngersEaol.com 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 several months. Q. And all your life you have been an independent, self-sufficient lady? A. Yes. Q. As a result of this impact, your life has considerably been affected? A. I'd say it's been downhill ever since. MR. COYNE: Thank you. That's all I have. MR. SHIPMAN: Thank you. THE DEPONENT: You're welcome. (Whereupon, the deposition was concluded at 2:33 p.m.) Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com L COMMONWEALTH OF PENNSYLVANIA ) - ) SS. 3 COUNTY OF CUMBERLAND ) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I, SUSAN O'HARA, R.P.R., a Court Reporter-Notary Public authorized to administer oaths and take deposition in the trial of causes, and having an office in Carlisle, Pennsylvania, do hereby certify that the foregoing is the testimony of MIRIAM C. AUNGST. I further certify that before the taking of said deposition the witness was duly sworn; that the questions and answers were taken down in stenotype by the said Reporter-Notary, approved and agreed to, and afterwards reduced to computer printout under the direction of said Reporter. I further certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto subscribed my hand this 30th day of March, 2000. Notary Public My Commission Expires February 15, 2001. cencraj. rennsytvania court Reporting Services 7I7-258-3657 or 800-863-3657 or fastfngers@aol.com 'IX 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 ?Qn 3 MIRIAM C. AUNGST, 4 V. 5 6 BETTY L. ORT, 7 8 9 10 11 Plaintiff CIVIL ACTION - LAW . No. 99-4772 61 Defendant Jury Trial Demanded Oral Deposition of ALEXANDRA HUCK 12 13 14 DATE: Tuesday, may 30, 2000 15 TIME: 3:01 p.m. 16 PLACE: Offices of Goldberg, Katzman & Shipman 17 320 Market Street Strawberry square 18 Harrisburg, Pennsylvania 19 TAKEN BY: Defendant 20 21 22 23 APEX REPORTING SERVICE By: Sharon L. Dougherty, RPR 24 P. 0. Box 6265 Harrisburg, PA 17112-0265 25 717-545-3553 2 ?.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: For the Plaintiff: HENRY COYNE, ESQUIRE COYNE & COYNE 3901 Market Street Camp Hill, PA 17011 For the Defendant: JEFFERSON J. SHIPMAN, ESQUIRE GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square P. 0. Box 1268 Harrisburg, PA 17108-1268 I N D E X Witness Pacre No. ALEXANDRA HUCK Examination by: Mr. Shipman 3 Mr. Coyne 11 Exhibits Marked Deposition No. 1 (Statement) 12 No. 2 (Accident Report) 14 APEX Reporting Service a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S S T I P U L A T I O N (It is hereby stipulated by and between counsel for the respective parties that sealing, certifying, and filing are hereby waived, and that all objections, except to the form of the question, are reserved to the time of trial.) ALEXANDRA HUCK, having been sworn, was examined and testified as follows: EXAMINATION BY MR. SHIPMAN: Q Would you please state your full name for the deposition transcript? A. Alexandra Irene Huck. Q Ms. Huck, what is your residence address, please? A 251 South Lewisberry Road, Mechanicsburg. Q Ms. Huck, my name is Jeff Shipman. I am an attorney here in Harrisburg, Pennsylvania. I represent Mrs. Ort, Betty Ort, who was involved in an accident with the Plaintiff in a case pending in Cumberland County. APEX Reporting Service fi _,q 4 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 The case arises out of an incident that occurred on April 21, 1998 at the rear of the West Shore Public Library in Camp Hill. The purpose for our meeting here today in my office is to take your deposition because we understand that you were a witness to that accident. As you can see, there is a court reporter here who is transcribing what I say and what you say. So it's important for you to listen to the questions that I ask you and then you give a verbal spoken response to the questions so that she can take down your answers. A okay. Q As you can also see, the attorney for the Plaintiff in it case, Mrs. Aungst, is here. His name is Henry Coyne from Camp Hill, and as I mentioned he represents Mrs. Aungst in the case. He may very well have some questions for you as well. So with that, why don't we get started. Do you have a recollection of being in the parking lot of the West Shore Public Library on April 21, 1998? A Yes. Q How was it that you were at the parking lot that day? APEX Reporting Service I• 5 c fi 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 A I was going to use the library facilities. Q Had you been there before? A Yes. Q Were you familiar with the parking lot area? A Yes. Q Do you recall what time of day the accident occurred approximately? A I think it was afternoon. That is all I can remember. Q Do you remember what the weather conditions were like? A Clear. Q What kind of vehicle were you driving? A I had my other car. It was a sedan. It was -- I can't remember. Eagle Premiere. I traded it in two years ago. Q Now, this incident occurred I believe in the rear parking lot of the library? A There is the only one. The rear, yeah. Q It's in the back of the library? A Yeah. Q As you came into the parking lot, did you see the Plaintiff in this case, Mrs. Aungst? A Yes. APEX Reporting Service 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Where was she when you first saw her? A She was actually on my right when I first saw her. She was on the library side and she later crossed over. Q Can you describe her for me, please? How did she appear? How was she walking? A She was an older woman. To be frank, the reason that I was sitting there through the whole thing is because she seemed very unsteady on her feet. There is not a lot of room back there and she was at that time on my right, and I was afraid that if I as much as brushed her pocketbook I was going to knock her over. Q When you came into the parking lot and you were to the rear of the library, Mrs. Aungst was actually to your right? A She started -- I remember it as being on the building side and then crossing over. Now, I might be wrong about this, but I don't think I was because if she had been on my left I would have taken a chance of passing her because I would have seen her better because I am sure at that point she was on my right and she crossed over. Q Did you see her cross over -- over the parking lot? A I saw her the whole time. I was watching APEX Reporting Service f c 1C 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 1 her the whole time. 2 Q When she crossed the parking lot to the 3 other side, would she have been behind several parked l vehicles? A Yes, she was. Q Did you also see her walk along the back of those vehicles? A Yes, I did and she was sort -- I think she was over there because she was helping herself to steadying herself as she walked by holding onto the vehicles. Q Did you see her holding onto the rear of the several parked vehicles? A Yes. Q Did you see her holding anything or carrying anything at that time? A Yeah, she was carrying a large pocketbook. She might have been carrying a bookbag besides that, but I know she had a very large pocketbook. I remember that is the one I was afraid of hitting. Q Do you know which arm she had the pocketbook over? A when I first noticed her, she would have had it in her left arm. I have no idea if she switched sides. APEX Reporting Service 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q As she was walking along the rear of the vehicles, which would now have been to the left of you, if I understand correctly? A Yeah. Q Were you in a stopped position or were you moving? A No. I was stopped the whole time. Once I had to determine that I did not want to pass her, I stopped the car completely and waited for her to go into the library. I didn't want to move until she did. Q Now, at some point in time did you see Mrs. Aungst have a hold of the rear of my client's vehicle, the vehicle being operated by Mrs. Ort? A Yeah, what she did, she was up against it and at that point she turned to look around. I think she knew -- I think she must have sensed I was in back of her. She didn't know where. At this point I was a good distance away from her. I think she wanted to determine where I was. Maybe she just wanted to make sure no cars were coming. At that point she had stopped and she was turning back and looking back to see if any cars were coming before she crossed back over to the door. Q what did you see happen at that time? A I saw Mrs. Ort back up. I saw Mrs. Aungst APEX Reporting Service t ry% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 completely was because she really was unsteady and she was leaning on the car. So it was kind of like her prop was knocked out from underneath her. I saw the car stop. I want to say that I believe Mrs. Aungst is under the impression that Mrs. Ort was driving very quickly. I think she's under that impression because she did get knocked down but -- she wasn't -- and I saw the car stopped, and if she had been driving very quickly I believe that the car would have rocked when it stopped and I did not see that. She just rolled maybe inches, and then Mrs. Ort stopped the car and got out. Q Did you see at anytime any physical impact between the car and Mrs. Aungst? A No. No, I mean the only way -- the only physical impact that would have -- could have happened at that point once she was knocked down is if the wheel did not hit her and the wheel did not hit her because I was watching, and I would have definitely noticed that. Q Now, did you get out of your car to speak to either Mrs. Ort or Mrs'. Aungst at any point in time or did you stay in the vehicle? What happened then?. A I didn't get out of the vehicle immediately: I phoned for an ambulance, and I believe APEX Reporting Service ;,r 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 that somebody had come out of the library and was also asking the librarian to run for the ambulance. She asked for the address of the library which she didn't know, and somebody else just gave us the address. So. I think there was two of us. I remember that they came -- the ambulance came very quickly. I stayed on the phone until I saw them coming because I did not get out and contact Mrs. Aungst in any way because I saw them take her away. So other people were there. I think somebody that worked in the library was there. So I kind of stayed out of the way. I believe at some point I might have had to get my car out of the way too because I probably might have been in the way of the ambulance. I don't remember which direction they came. I don't remember driving past Mrs. Ort -- Mrs. Aungst while she was being -- until the ambulance went away because I probably had to back it up or move it or do something at that point. I am not clear. It was more than two years ago. Q When Mrs. Aungst fell to the ground, can you describe that for me? Was it a forceful fall? Which direction did she fall? Can you describe that? A Almost directly down. She just -- I APEX Reporting Service ?F "!r» F?t?fj zs, t ?l 7 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 remember she had a startled look on her face and then fell down. It was not that she was particularly as much pushed down as it would be like if I were leaning against this table and the table was pulled out from under me. If I had most of my weight on the table and you moved the table, then I would fall down, and that is the way it appeared to happen. Q Did you see my client's vehicle push Mrs. Aungst across the parking lot in any fashion? A Oh, no. She would have had tire tracks on her if she had. She did not hit your -- your client did not hit her. She was not -- she was -- I was glad. I just felt that maybe, you know, that she might have -- I heard later that she wasn't hurt because I especially asked the library about it. But I was surprised they were as careful putting her on the stretcher as they were, but you never know because if it's an older woman and just a fall can do that. MR. SHIPMAN: I think those are all of the questions that I have for you at this time. Thank you. EXAMINATION BY MR. COYNE: Q Ms. Huck, my name is Henry Coyne. I represent Miriam Aungst, the Plaintiff in this case. APEX Reporting Service 12 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You gave a statement to somebody immediately after this event occurred. Do you recall that? A No, but I could have. Q Do you recall making a statement to anybody concerning what you observed that day at the West Shore Public Library parking lot? A Well, I could have talked to another witness about it. We were all discussing it. It's been two years. I really don't remember. I mean, I remember very clearly seeing her fall. Q I will show you what I will mark as Huck Deposition Exhibit No. 1. (Deposition Exhibit No. 1, the Statement, was produced and marked for identification.) THE WITNESS: Am I supposed to read this? IBY MR. COYNE: Q I am asking you this -- A I don't remember making this. I think'-I.. made this to the -- to -- I could have made this to an insurer, but I don't -- no, I never said this. Who-am I supposed to read this to? MR. SHIPMAN: It's possible you gave a statement to an insurance company at some point. APEX Reporting Service .:.ary ?p 13? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: But some of these things aren't the way that it happened. MR. SHIPMAN: I presume he is going to ask you a question or two about that. You can certainly take an opportunity to review it before you answer any questions. THE WITNESS: No. I am sorry. I didn't say these things. BY MR. COYNE: Q You deny stating that, making that statement? A Some of these things I don't remember ever saying or thinking even. I never said that she had an artificial hip. I guess I could have. My mother did, so that is true. MR. SHIPMAN: Do you have any questions of Iher? THE WITNESS: I don't remember making this statement. I am not saying that I didn't. I don't remember making this. BY MR. COYNE: Q I notice on the statement which has been marked as your Deposition Exhibit No. 1, that you are retired; is that right? A Yes, that is true. APEX Reporting Service 14 1 Q When did you go into that retired status? 2 A I retired the end of February 1997. 3 Q Where did you work when you retired? 4 A I worked at Blue Shield, now Highmark. 5 Q How many years were you with Blue Shield? 6 A Thirteen. 7 Q Did you know Mrs. Ort -- 8 A No. 9 Q -- previously. Did you know Mrs. Aungst 10 previously? 11 A No. 12 Q When you stated your address, it was 215 13 South Lewisberry Road? 14 A 251. 15 Q I am sorry. 251 South Lewisberry Road, 16 Mechanicsburg. What is the municipality that that is 17 located in? 18 A Monaghan Township, York County. 19 Q You are in York County. 20 Now, I going to mark your Deposition Ft . 21 Exhibit No. 2. ; 22 (Deposition Exhibit No. 2, the Accident Report, was produced and 23 marked for identification.) 24 BY MR. COYNE: 25 Q I will give you an opportunity to review APEX Reporting Service _15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 II that. A It says, pedestrian stated she thought her arm popped out of it's socket. Is that me, the pedestrian? Q No. What is the title on the front page? A It says Commonwealth of Pennsylvania, Police Acci dent Report. Q Thank you. With regard to -- you said you were there to use the library? A Uh-huh. Yes. Q Had you used the library prior to the impact? A Do you mean, was I leaving or coming in? Q Leaving or coming? A. I was coming in. Q So you were previously in the library? A No. I was coming into the library. I had not been to the library yet. Q You were parking your vehicle or going to park your v ehicle to go into the library? A Yes. Q When you were in your vehicle, were you alone or wa s somebody with you? APEX Reporting Service 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I was alone. Q When you pulled into the parking lot, would you explain -- strike that. How many times previously did you use the West Shore Public Library facilities? A I have no idea. It has been years. Q On a frequent basis? A Yes. Q Is it not true when you enter the parking lot which is, as you stated on Direct Examination, is .in the rear? A Yes. Q That you come in and it's one-way traffic; is that correct? A That's correct. By the way, I never parked in back again there since. Q. You go around the back and essentially come out the front on the other side; is that correct? A That is true. Q The type of parking that is in the rear' where you were, is that parallel parking or diagonal parking? A I guess you call it diagonal because you have to back straight out of your parking place. Q when you pulled into -- and I will show APEX Reporting Service - 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you what has been marked as your Deposition Exhibit No. 2, a diagram on page 2 of the Police Accident Report. Does that diagram accurately, in your opinion, depict the parking lot? A Yeah, it does, except that she was not standing -- she was actually leaning against the car. It shows her walking out here. She wasn't. She was leaning against the car. Q Now, when you came into the parking lot, in off the street into the West Shore facility, you went along the south side of the building in your vehicle? A If that is the rear of the building, then dyes. Q Then you turned left? A No, if you come in the one way, if the -- I don't know how to say this so that it can be recorded. But if the library is standing -- if you pull in on your left, the library is on your right at that time. You pull in on your left and make a right turn and then you are in back of the library. Q But when you come in off -- let me restate that. When you came into the library facility at that time, which direction did you turn to come onto the premises, left or right? APEX Reporting Service 18 1 A To go onto library premises, I made a 2 left. 3 Q Did you come up from Route 15 in that 4 direction? 5 A Yes. 6 Q So you made a left into the library 7 facility. You went along the building? 8 A Then you make a right and you are in back 9 of the building. Make a left and you are on the side, 10 and you make a left and you are in the back. it Q When you made a right to go along the rear 12 of the building -- 13 A Yes. 14 Q -- how many spaces down did you go before 15 you located a parking spot? 16 A I didn't. 17 Q Where did you -- where were you physically 18 located when you observed Mrs. Aungst? 19 A I was between the cars and the -- the 20 building and the parked cars. 21 Q In your vehicle? f?sr 22 A In my vehicle. g 23 Q Where was Mrs. Aungst's vehicle? , 24 A Mrs. Aungst - - I don t know where her 25 vehicle 11 was. 1. - I APEX Reporting Service i9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Where was Mrs. Aungst when you first saw her with reference to you? A She was walking along the library side of the building ahead of me. Q At that location when you first saw her, what was the distance between that location and the location of the Ort's vehicle? A I do not remember exactly, but she was some distance away. I would say a couple -- if you're counting a couple of parked cars, maybe six, seven. That is something that I could be wrong about because I don't remember any more. Q When you initially saw Mrs. Aungst, was she walking along the side or rather the rear of the public library? A I remember her as being -- when I first saw her, I remember her. Now, it's been two years, but I remember her as being on the library side rather than the parked car side. Q When she was walking along the rear of the library -- A Yeah. Q -- was she bracing herself up against the library wall when she was walking? A I don't remember. I do remember she was APEX Reporting Service 20 ?- 1 very unsteady. 2 Q But you do not recall her leaning up 3 against the rear of the library to walk? 4 A I don't remember that, no. 5 Q If she did that, would you believe you 6 would recall it? 7 A At this point I cannot tell you that. a Q How far was she from Mrs. -- I recall from 9 your Direct Testimony that she crossed from the rear of 10 the library over towards -- where cars are parked 11 diagonally; is that correct? 12 A Yes. 13 Q when she made that change in her 14 direction, how far was she from the location of 15 Mrs. Ort's vehicle? 16 A I think she might have been five cars 17 parked -- we are talking about cars parked diagonally. 19 I think she was five or six down at that point. 19 Q Am I correct that the cars that are parked 20 diagonally are opposite the rear of the west Shore 21 Public Library? 22 A Yes, they are. 23 Q She was able to walk from the library side 24 over to where the cars were parked? 25 A Yes. I am not saying that Mrs. Aungst APEX Reporting Service 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 couldn't walk without help. She could. But she didn't walk very steadily. Q When you first saw her did you notice her with a pocketbook and a bookbag as you stated on Direct Examination? A I remember the pocketbook. I believe she also had a bookbag. I do not know that for sure. Q When she crossed over from the rear side of the library to where the -- the vicinity of where cars were parked, was she unsteady on her feet at that time? A I'll tell you something. I don't remember her actually crossing over. I have two distinct impressions of that. I have a distinct impression of watching her, of knowing I didn't want to pass her. The other distinct impression is of her being on the other side. I no longer remember her crossing over, though I know she had to have. I just don't remember any more. I am sorry. I am not trying to be obstructive. Q Why did you -- where were you seeking to go park your vehicle? A I was looking back there to see if there was a parking place. They were all taken or I wouldn't have been trying to pass Mrs. Aungst, but sometimes you APEX Reporting Service 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 can find a parking place up at the other end on the other side part of the library. Q So you were looking for a parking spot at the same time you are observing Mrs. Aungst walking up; is that correct? A Yes. I started looking for a parking spot. When I saw her I stopped, and then I was waiting for her to get into the library before I continued. Q On that particular day, you stated that Mrs. Aungst walked behind Mrs. Ort's vehicle. Do I understand your testimony correctly? A She was walking behind all of the vehicles. When she got to Mrs. Ort's vehicle, then she stopped and turned. So she didn't get much beyond her one bumper. Q Which bumper would that have been? A The left bumper. Q When she stopped and turned around, was she turning around to look at your vehicle? A I think looking to see where I was or looking to see if anybody was coming before she crossed over again. Q Did you notice if Mrs. Aungst wore corrective lenses or eyeglasses? A I do not remember. I am sorry. APEX Reporting Service 23 1 Q Do you recall what color her hair was? 2 A I think it was like a blondish color, a 3 light brown maybe. 4 Q Was she a short woman or tall woman, as 5 you recall? 6 A I got an impression she was tall. She was 7 slender. So maybe she gave me the impression of being 8 tall because of that. 9 Q When observing Mrs. Aungst ambulating 10 behind the library, did you have eyeglasses on 11 yourself? 12 A No. 13 Q What is the distance between the rear of 14 the cars that were parked diagonally and the wall of 15 the rear of the library? Do you have a recollection of 16 that? 17 A I don't have a recollection exactly, but 18 I do know that it's probably enough room that one car_ 19 can get by there comfortably and -- but I don't 20 remember exactly. I am sorry, and I have been there 21 fairly recent. It's not that I don't remember. I am 22 very bad at estimating distances.. So to tell you 23 something is 30 feet, it's probably 60. 24 Q I am going to ask you, on page 2 of your 25 Deposition Exhibit No. 1, to read the answer that APEX Reporting Service O' fem.; l 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 starts "the library," and then I will -- A "The library" -- Q No, just to yourself. I have some questions. (Pause.) A Okay. Q What you just read, was there any statement in there that she was leaning upon other cars as she walked up from your location towards the entrance? A She -- Q Is it in the statement that you just read? A No. Okay. Q In fact, you have looked at this entire statement. Do you want to take another look at it? A Sure. I am sorry. Q I will be asking you additional questions on that. I want to give you an opportunity to refresh your recollection. (Pause.) Did you discuss your deposition with Mr. Shipman prior to today? A A little bit, yeah. Q What did you discuss with him? A Just a few minutes before we came in. APEX Reporting Service 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You just finished reading a statement which states in the first paragraph, "today's date is April 22, 1998.11 Is there anywhere in there that you saw what you stated in that statement that she was leaning on cars? A No, but I was never asked the question. Q What was the purpose of this statement that you gave in your Deposition No. 1? A I believed that I was talking to Mrs. Ort's insurance company. That is what I was told. Q So the statement you're stating today about leaning -- Mrs. Aungst leaning up against vehicles does not appear in the statement that you gave to the insurance carrier representative. MR. SHIPMAN: I will state an objection. The question has been asked several times, and I think the witness attempted to answer as best she can. She indicated that the question was not asked during her statement. I am sure that for the record this is probably -- was a very brief telephone recorded statement. It's not under oath. You never before today presented it to the witness to review in advance of the deposition today. But my particular objection is that you APEX Reporting Service 26 L d C 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 asked this witness over and over, and I think she answered it to the best of her ability. MR. COYNE: I will pursue that and we will reserve your objection, Mr. Shipman BY MR. COYNE: Q Do you recall how your Deposition Exhibit 1 was given? Was it given in person? A No. Q Was it given telephonically? A It had to have been. Q Do you recall when you gave it with reference to the date of the impact? A I know it was after the impact. I have no idea how long after. Q Do you recall the person -- are you stating, given telephonically, to your knowledge? A. It would have to have been. I have a livague -- Q Go ahead. A I have a vague recollection. I am sorry that I never gave that before because when you first showed it to me I could not remember, but I do know, that we have discussed it a couple of times. I do have a vague recollection of, I believe I was talking to Mrs. Ort's,insurance people. That they were the ones APEX Reporting Service .2 7 ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 that called me up. That was the impression that I have. Q Do you recall the name of the individual to whom you gave this statement? A No, absolutely not. Q Now, you stated on Direct Examination that she fell to the ground when Mrs. Ort's car moved. Am I correct on that? A Yes. Q Now, I am showing you what is marked as your Deposition Exhibit No. 2. Specifically, the diagram on page 2 of the Police Accident Report. A But I have never seen this diagram. Q Just as a reference- A Okay. Q It's your testimony, if I recall, on Direct that she was leaning upon Mrs. Ort's car? A That's correct. Q what arm was she using to brace herself on Mrs. Ort's car? A She had -- her body weight was against the car, and I think that she would have had the left arm against the car and turning, but it was more like her hip was against the car. Q You say Mrs. Ort's car was something APEX Reporting Service 1 28' i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 similar to the table we have here at the deposition and it being pulled out from under her; is that right? A Yes. Q well, is it not true if the car backed out it would have pushed her rather than pulled away from her? A Yes, but it wasn't so much that it pushed as that she just got knocked down. I have been hit by a car going that fast. I am much heavier, I understand, but I had a car back into me at five miles an hour. All it did was push me a little bit forward on my feet. I took a couple of extra steps. I was not leaning against the car however. Q I am trying to get clarification. My recollection on your Direct Examination with Mrs. Ort's vehicle, it was like the table here being pulled out from under an individual? A Yes. Q Is that what you stated happened to Mrs. Ort -- Mrs. Aungst when the vehicle moved? A No. I don't think I ever said that before because it's never been asked to me before. Q What direction did Mrs. Ort move her vehicle? A She was going backwards. APEX Reporting Service 29 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Your testimony is that Mrs. Aungst was leaning up against Mrs. Ort's vehicle; is that correct? A Yes, on the side. Q You said on the side or the rear? A On the side of the rear -- on the side of the rear. Q The left rear? A Yes. Q You are saying when that moved, it was like a support being moved out from Mrs. Aungst? A That is the impression I got from seeing her fall. That was what I felt that -- that was one of the things that I will never forget, and it was just like she looked startled and then she just fell and it was -- I got the impression it was more from having something that she was leaning up against -- I know it, wasn't pulled out from under her, but it was removed from her. Yes, the car was moving backwards, but very slow and she just fell down. Q When the car was moving to the rear where was Mrs. Aungst was, when she initially started, where was her -- I am showing you your Deposition Exhibit No. 1, with the top of the page being -- A . I can show you on the table but I don't APEX Reporting Service 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 know if the court reporter -- it will be any good. Q I am trying to get you to describe where Mrs. Ort was when the car went in reverse. A Mrs. Ort or Mrs. Aungst? Q Mrs. Aungst, rather. A She was leaning up against the right the left, rather, bumper. Q It's your testimony on Direct Examination that she just fell down and she was not pushed in any way by Mrs. Ort's vehicle? A She had to have -- if the car is rolling backwards, yes, she would have had to have been pushed a little bit, but she was not -- it was not so much the push that I think that she fell, but the fact that she had been leaning against the car and everything was -- all her support was knocked out from under her. Q How far did you proceed up the parking lot after Mrs. Ort -- Mrs. Aungst passed you or did you remain stationary? A I remained stationary. Q what was the distance that you saw -- that you were when you observed Mrs. Ort's vehicle going in reverse from that location, what was your distance? MR. SHIPMAN: Is your question, how far she was from Mrs. Ort's vehicle when she witnessed APEX Reporting Service 31 mi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ithis? THE WITNESS: I probably was -- I am very bad, I said, in estimating distances. I probably was maybe -- I know I said much longer than that. I think I said 400 feet. I don't think the whole parking lot is 400 feet. I probably was maybe 50 or a hundred feet from her, and I have good distance vision. My close up isn't so hot any more, but ... BY MR. COYNE: Q You did not get out of your motor vehicle to come up towards Mrs. Aungst where she was resting? A No. I immediately called 911. Q So your cell phone? A Yeah. Q When she fell, did she fall to one side, front, or rear? A She fell so that her head was facing the other parked cars, and her body was basically underneath Mrs. Ort's car. Q Her body was underneath Mrs. Ort's car. Was it feet or head? A No, just -- 'I would say from her waist now, this I am not going to swear to, that this is the way -- I can just remember because it has been more than two years, but I know that her head fell to the APEX Reporting Service 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 left, and I think she was probably -- from her midriff down was under Mrs. Ort's car. Q In other words, what you are saying is her head was towards the library? A No, her head was towards the other cars. She fell vertically to Mrs. Ort's car. So she would have been vertical to the library basically because it's diagonal parking. Q Do you recall the type of car that Mrs. Ort was operating? A Only that it was a sedan. Q Sedan. I refer you to page 3 of your Deposition Exhibit No. 1. I have placed a check mark there at a certain paragraph. Would you refresh your recollection with that? (Pause.) A Okay. Q You mentioned an artificial hip. Did you have any knowledge if Mrs. Aungst had an artificial hip? A Absolutely not. Q Would the name Susan Philson refresh your recollection as the individual that contacted you from Erie Insurance? APEX Reporting Service 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 MR. SHIPMAN: Just if y ou remember. THE WITNESS: No. T am sorry, I don't. 11BY MR. COYNE: Q Do you recall what type of clothing Mrs. Aungst was wearing that day when she passed you? A I would not swear to it at this point, but I think she was wearing a skirt and a top. I don't think she was wearing slacks. I could be wrong. I do not really remember any more. Q Once the EMS, Emergency Medical Service arrived, how long did you remain at the site? A I was there for a little while because I spoke to Mrs. Ort. Q You spoke with Mrs. Ort? A Yes. Q Is that after the ambulances have left? A It had to have been because I know that I would have gone over to see how Mrs. Aungst was but they got.there before I had an opportunity to or I would have asked how she was doing. Q What did Mrs. Ort relate to you.during her conversation? A I don't remember any conversation with Mrs. Ort. I don't remember her state of mind -- that she was very upset. I! APEX Reporting Service 34' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did she make any statements to you about why she was upset? A Because she hadn't seen her. She was in her blind spot. Q She was what? A If you look to the rear of your car, you have a blind spot where the -- where you have the big thick part between your window and where the rear of the -- I am putting this -- well, but anyway, I changed vehicles since this has happened. Every time I back up, I try to see out the back and you can't. You have the blind spot in your rear window and she -- I lost my train of thought. What was the question I was answering? I am sorry. Q Well, you said during your conversation with Mrs. Ort, Mrs. Ort said she did not see Mrs. Aungst; is that correct? A I can't -- I cannot swear to anything that Mrs. Ort said at this point because I simply do not remember. I do remember that there was another witness and Mrs. Ort and I, and we were discussing the accident. I believe that somebody said something about the blind spot which is where she was standing, and I really can't go into it any further because I would not be serving anybody any good because I do not remember APEX Reporting Service 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that well. Q Do you recall if Mrs. Ort told you she looked out her rearview mirror? A No, I don't. Q Do you recall if Mrs. Ort told you that she looked left and right before she backed out? A No, she didn't -- never said anything about what she did, but she couldn't have seen her or she wouldn't have backed up. But on the other hand, I have to say that one doesn't generally expect to -- have somebody leaning against your car. I also have to say that I do not understand why Mrs. Aungst -- and she was leaning up against the car, why she didn't realize the motor was running. I don't want to blame the victim, but that it seems to be rather pertinent, and I didn't think of it until just now. Q Do you remember the other woman with whom you spoke? A I believe she was another witness. I have no idea who she was -- I never -- Q Elizabeth Susan Wire ring a bell with you? A No, because I never got the other woman's APEX Reporting Service 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 name. Q Do you remember where that woman was standing, to your recollection, when this -- at the time of this impact? A I had no idea that she was even there. I think she might have come out of the library, but I have no idea because I believe that she was the person that went in and told the library to call, and I know there was somebody else calling at the same time I was calling. MR. COYNE: That is all of the questions I Ihave. MR. SHIPMAN: Thank you. (The deposition was concluded at 3:44 p.m.) APEX Reporting Service V 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C E R T I F I C A T E I, Sharon L. Dougherty, a Notary Public for the Commonwealth of Pennsylvania, do hereby certify: That the witness named in the deposition, prior to being examined, was by me first duly sworn or affirmed; That said deposition was taken before me at the time and place herein set forth, and was taken down by me in stenotype and thereafter transcribed under my direction and supervision; That said deposition is a true record of the testimony given by the witness and of all objections made at the time of the examination. I further certify that I am neither counsel for nor related to any party to said action, nor in any way interested in the outcome thereof. Sharon L. D u he ty, R i APEX Reporting Service -Y 0 M,* 0, 0101703602W; cr -as Ort 4. ..-•98 Statement of: Alexandra Huck Today's date is April 22, 1998. The time is approximately 5:45 pm. This recorded interview concerns an accident that occurred 4-21-98 in Camp Hill, PA. 0. Do you understand that this interview is being recorded? A. Yes, I do. 0. Please state your full. name and address? A. Alexandra Irene Huck H-u-c-k, my mailing address is P 0 Box 831 Camp Hill, PA 17001. 0. 001? _ A. Yea, it's different when it's a P O Box. Q. And spell your first name please? A. A-1-e-x-a-n-d-r-a Q. And your date of birth? DEPOSITION . EXHIBIT J. A. 3-15-41I Slbeloo 0. And your occupation? , A. I'm retired. 0. Lucky you. I wish I was. A. I know T feel lucky. I got to retire early. 0. And this accident happened yesterday? A. Yes, it did. Q. Approximately what time of day? A. You know, I'm not sure, it was mid afternoon. I don't think I noticed, I think it was around 2:00 because I ;didn't get to eat lunch until about 3:00. 01 if 0. And the weather conditions? A. Nice and sunny. C And do you wear corrective eye lenses? A. No, I don't, well I wear reading glasses, but I don't wear anything for k driving. 0. And I understand this accident happened in a parking lot at the Camp Hill ." Ohere were you :in rt:?lationship to the ,accident? Well, 1' can tell you in my own words wl•i<at happened if it will explain it? Sure. The Library has a very narrow parking lot in the back and it just has room for diagonal cars and for cars to pass in back on one way. And then there's the wall of the library. And I had pulled ot"tt to go down the one way to get out and there was this woman that passed me by, an older woman and she, she lool•.e(:l so fragile and there wasn't a lot of room that I thought if I just pass her close enough to brush her back she's going to be on the ground. So I waited for her and I think: because she was, she was going close to 'the cars and we don't know if it was because, if she was on that side because she was so unsteady that she could grab one, or I know. she was waiting for me to pass her. And when she finally got to the door, she turned around to look where I am and just then this car backed up and 1•:nocked her down. And, YOU I•:now, I emphasize for the woman, becattse I think: we've all backed up using our rearview mirror and I don't know if that's what happened, buL it looks like that's might have been what happened. When she fell down, she fell to the gr•otand at that point? . Yes. Did you get out of the car? I was not close enough to get out of 'the car, I did honk. And did the other vehicle stop at that time? Oh yes she stopped. And that's when... I mean I hanked, I don't know if she stopped because I honked, I'm sure. she stopped because she realized what had happened. Did you speak to either party afterwards? ?r! Yes. First I stopped, I was a good distance, that's why I don't know if she would have stopped just because I honked, I was about half a city" block. And I honked and at the same time the woman fell and the car stopped at the same time, I'm sure because she realized what happened, And I got out, but I didn't immediately go over to the woman, there was another woman that was there. There were about three women, one went into the library. I was calling 911 on my car phone. And I didn't speak: to the woman that was knocked down, at all. ? So you didn't speak to her at all. Did you speak to the driver? Yes_ , . What was that conversation? She was just saying how she never saw her. e I didn't follow her at all. I stood back and waited while she walked. M. That's what I mean. A. With my eyes I followed her, yea. Q. Bur your car, you stopped your car and then you just didn't move? A. I didn't move, no. a. And how many cars did she, I mean how many cars did she pass while you waited? A. I would guess, I would say five or six. 0. So you waited quite a while? A. Well, I waited a couple of minutes, yes. I was just arraid to go passed her. Q. And she was walk-Ang very slowly? AJ She was walking slowly and she was so unsteady, she looked like, it looked like when she put down one leg it just wasn't taking her weight the same as the other one. I don't know if she had an artificial hip, that's just a guess. But my mother did and I I•:now that actually the leg that didn't have the artificial wasn't nearly as strong. GI. Do you know any of the parties involved? A. No, I don't. I thought I recognized the woman that drove the car from somewhere, but I didn't think that's where I knew her from afterward. She' .s not someone who's name that I could recall to mind or anything like that. 0. Is there anything else that you would like to add that you think is important? A. No. M. Did you understand all of the questions I asked? A. Yes, I do. 0. And have all of your answers been true and correct to the best of your .knowledge? A. Yes. 0. Did you understand that this interview was being recorded? ti: Yes, I did. Susan -Phi Ison/kls 5-31-99 i`; .COMMONWEA LTH OF PENNSYLVANIA / POLICE ACCIDENT REPORT ?.Z ?sCc( XX. REFER TO OVERLAY SHEETS REPORTABLE JZNON • REPORTABLE Q PENNDOT USE ONLY POLICE INFORMATION ACCIDENT LOCATION '. INCIDENT 178 t. -85 20. COUNTY CUMR b .CODE .2 : N UMBER 1 I RLA,.l IC 2 AGENCY CAMP MILL SO2OL:bN POLICE DEPT NAME . MUNICIPALITY 21 M,L H1LL 8OPC06H CODE 01 21 9 An W a. zcr A ST ? eD` = 17 7 - ST PRINCIPAL ROADWAY INFORMATION , A 01 PR E C NOT C 5. INVESTIGATOR (f p BADGE E 173 H 22. ROUTE NO. OR '} y 30 N - EE 3117 S NUMBER CI STREET NAME T T • 1 6. APPROVED BY BADGE 27. SPEED 2a. TYPE ZS. ACCS ES NUMBER UMIT HIGHWAY CON TROL 7. INVESTIGATION Q `I 21 B 8. ARRIVAL 1335 INTERSECTING ROAD: I DATE TIME • n ACCIDENT INFORMATION 26. ROUTE NO. OR STREET NAME 9. ACCIDENT ZI p O 10. DAY OF WEEK ; U 27. SPEED 2B. TYPE ACCESS 29. l DATE LIMIT HIGHWAY CONTROL 11. TIME OF 1330 12. NUMBER Z IF NOT AT INTERSECTION: DAY OF UNITS :7. M KILLED !! tA. # INJURED 15. PRIV. PROP. ? 30. CROSS STREET OR ACCIDENT Y N SEGMENT MARKER 16, DID VEHICLE HAVE TO BE REMOVED 7. VEHICLE DAMAGE 31. DIRECTION FROM SITE N S E W 72. DISTANCE FROM Sr c FT FROM THE SCENE? p • NONE UNI i 1 a O ? . MI. UNIT 1 UNIT 2 1 • LIGHT 37. DISTANCE WAS MEASURED ? ESTIMATED 2•MODERATE p?pII Y ? N CK Y ? N ? 7 • SEVERE UNIT Z a Ja. CONSTRUCTION ZONE TRAFFIC PRINCIPAL INTERSECTING CONTAC 18. HAZARDOUS ? ? 9. PENNOOT ? ? L rOEVICE a a N MATERIALS Y N PROPERTY Y UNIT Ii Z 7y UNIT B 2 ...' . . X AEG. 78. PLEGALLY Y ARKED? 0,N N 37. PLATE I U • 1 384 35. $?'qTE 1rH REG. 76. PARKED? ? ? 37. PLATE STATE °A TITLE OR d u y 2Zb C - 39. PA TITLE OR 't 1 -OF-STATE VIN 1 Ll OUT-CF-STATE VIN w. WNER AneS Or. J ^Na BF rL L. ORT 40. OWNER 1 L. 41. OWNER / % LISB P 4 RD 2 41. OWNER 1,•, a U AOORESS L'(- ADDRESS 42. CITY, STATE p ?7 ' 6ZIPCODE MEU?tNIc%suP,PA 17c)S5• 42. CITY. STATE &ZIPCOOE LZ i+J. YEAR n L ". MAKE 1' Q? OA aJ, YEAR sa. MAKE - , TYPE O •.o. JU/SAGE ZG-E' C OwNgSHIP I TYPE I USAGE NERSHIP 5p. INITIAL IMPACT ' 51. EHICLE D TRAVEL INITIAL IMPACT , I. VEHICLE 52 TRAVEL POINT STATUS SPEED .J POINT STATUS SPEED SJ. VEHICLE J Sa. CWVER DRIVER I U1. VEHICLE Ss: RIVER .DRIVER GRADIENT PRESENCE CONDMON GRADIENT PRESENCE? I CONDITION 58• L Q 57. STATE ^ G ' 56. DRIVER 57. STATE NUMBER / I W NUMBER 56 /? /? R BETTY L GRI lVe ) /? , I CA A "' ' C I?N -T . NAME N M E /I (F. . /I 59. DRIVER I SSUPW RD 0 L 29 59 3:9'/C WAL 1 17 ST . ADDRESS 6 ADDRESS A 1 60• PA 17o SS P OOE M Z P 60•CITY.STATE /ILL A 17011 CPAIh I C EANIC.Si3L) 6 B / a ZIPCOOE I OL 1 , 61 2O 81. SEX F 82. DATE 61. SEX C- 6Z. BA T 6q 11 GO 83. PHONE O . H f I / Ba. COMM. VEFI. 65. DRIVER 56. RIVER 6a, COMM. VEH. 55. DRIVE IWV 88.0 YM N CLASS SSM Y- NO CLASS SSI 87. CARRIER 67. CARRIER n 68. CARRIER 68. CARRIER A ADDRESS ADDRESS ?J R^ CITY. STATE ' 69, CITY, STATE . ZIPCOCE a 21PCODE I USDOT • ICC . PuC.. 70. USOOT 0 -T i- s Puc / •.!? M±5 ( i 6. HAZARDOUS T7. REl,Fj15E I]): NAZ M'L MATERIALS Y LJ N u UNK LI PAGE: /9. nC31tiYUING CMS AGENCY M/ HILL lP ?"MJ INCIDENT #: TS. MEDICAL FACILITY pL S P417 /7?G-fi^i TAL ACCIDENT DATE . PEOPLE INFORMATION 8 C D E F G NA6/E ADDRESS H 11 F 9 g rry AT 47166 vsal; eAI RU &&zyxAl cs a A I O 2171 F 8610 D a Mt 4m AGUCS- 35lo W LN s; Cie/s/iu x 17ol 3 $ - 8 : 2 B I J K L M -0-0 N Q O 3 5 6 0 1 BI.ILLUMINATION @ ROAD SURFACE O 7 ®WEATHER? S& DNGRAM 1 84. PENNSYLVANIA SCI. 100E DISTRICT OF APPLICABLE) eS. DESCRIPRON OF DAMAGED PROPERTY ............................ ............... .?........... .............. • •... ... . OWNER ................. y VEST S ADDRESS tl gt4c- 084A -y _ 30 u. 3r n sT,REEr ' PHONE 87. NARRATIVE • IDENTIFY PRECIPITATING EVENTS, CA DETAILS. LIKE INSURANCE INFORMATION AND LOC .................. .................... .................... .................. USATION FACTORS, SEQUENCES OF EVENTS, WITNESS STATEMENTS, AND PROVIOEADORIONAL ATION OF TOWED VEHICLES. IF KNOWN. J df UNI AC ).J DU- GF= _AA?Ki,46 SEX IL A Ho PUSWC LISA- AAId S-74tCK A PEbES791AA? UNIT MO. % ,T WfS 14"(L l-4 c'HlAtO. • " - TL/ A/ S ?ED J•ifLr % ,Vo.(% /fFX fly /0/1X1 OdTOf /TJ fdlf?7', INSURANCE COMPANY INSURANCE COMPANY INFORMATION ERIE INSURANCE EXCIM46E INFORMATION UI Pooh II 200 214 7 UNIT PNllOCY 88. WITNESSES M oPa r urx zsl s Or ee AtECrraTiiuB??G l7pA' NAME ADDRESS P 70 PHONE 89. VIOIA710N5 INDICATED 9D. SECTION NUMBERS (ONLY IF CHARGED) TO NTC L ? ? UNIT 2 1 OO/.C.nr 00 CASE TEST u Ln Ijw real USE TEST MMO TEV 9t. INVESTIGAT)0N I I G 0•__%0 REFUSE UNIT 2 D Fri 0 4UC3 REFUSE eoM O ---El UNK YES ? ? ., i RECORDED STATEMENT Insured: James Ort, Jr. and Betty L. Ort Claim Number: 010170360278 Date of Loss: 4/21/98 Interviewee: Betty Ort This is (inaudible...) and today's date is April the 23rd, 1998. The time is approximately 4:40 p.m. This recorded interview concerns an accident that occurred 4/21 of '98 in Camp Hill, Pennsylvania. Q. Do you understand that the interview is being recorded? A. Mhm. Yes. Q. Please state your full name and address. A. Uh, I'm Betty Ort. Uh, 2960 Lisburn Road, Mechanicsburg, 17055. Q. And your date of birth? A. 11/6/33. Q. And you're married to James? A. Mhm. Q. And your occupation? A. I'm retired. Q. Okay, and uh, you were driving the 195 Honda Accord? A. That's correct. Q. And who is the titled owner of that vehicle? A. Both of us are. Q. Both of you? Okay. And do you have a valid Pennsylvania driver's license? A. Oh, yes. U-huh. Q. Your social security number? ?•. A. Oh, I'll have to look. Page 2 - 010170360278 - R/S of Betty Ort Q. Okay, I'll move ... A. I'm not on soc ..., well you, I do get it, but it goes into my account, so I really never really use a number. I have it here though. Q. Okay. What was the purpose of your trip that day? A. Here's my social security number. Q. Okay. A. 194-26-6800. - Q. Okay. And the purpose of your trip? A. I had went to the library, had gotten some books, came out of the library and got into my car. Q. So that you were leaving? A. Mhm. Q. Alright. Anyone with you? A. No. Q. Alright. And this happened on the 21st, about what time of day? A. Uh, approximately at 2 o'clock in the afternoon I would say. I don't know exactly, but uh, I had been out to lunch with my. sister-in-law, and uh, from there went to the library. So, I would say it must have been close to 2. Q. And what were the weather conditions like that day? A. It was good. Q. Clear, dry? A. Yes. Everything was clear and dry. Mhm. Q. Alright. Um, tell me about what happened. A. Okay, I came out of the library, walking with another lady who was in the car to my right. We both got in our cars at the same time, buckled up and I was sort of watching her to see if she was going to back out, before I started to back out. k, Page 3 - 010170360278 - R/S of Betty Ort Q. Mhm. A. And she had motioned for me to just go ahead. She had a youngster and evidently she was doing something. So, I looked to my left down the parking area, or the driving area of the library. And it was clear, and glanced in my rear view mirror, and didn't see anything. Proceeded to back out. I went probably a foot. A foot and a half. I mean I had just started to move and suddenly a horn, very excitedly. And I mean, it wasn't just beep, beep kind of thing. It was like blaring, and it scared me. Q. Mhm. A. Out of my skin. Anyway, i hit the brakes quickly and pulled up, and pushed it into park and pulled the emergency brake. I hadn't even turned the key off because I thought I was just going to go back and check whoever was blowing at what, you know. And when I stepped around to the back of my car, here was an elderly lady was lying on her side. I thought I was going to have a heart attack. You know, I mean, I thought, oh, I went over to her and I said, "Are you okay? Are you hurt?", and of course the woman in the car beside me that had motioned to me, she jumped out too, and another lady had come out the door, and she ran back in and told them to call 911. Q. Okay. A. Uh, of course, a lot of people started to gather around. The ambulance came and a police officer came, and I gave him my information. The ambulance driver, the mess guys, you know took the lady away. And I really, at that point, I wasn't even sure what had happened, except, I had never saw her in my rear view mirror. That was the only thing I knew, because I always, I go to the Y every day. And so I always S automatically check my rear view mirror before r back. Q. Mhm. A. So the lady who had blowed her horn, had gotten out of her car and come up. She was clear back at the end of the parking lot, waiting because she said she saw this poor elderly soul . walking up behind each car, hanging on to their trunks, you know, like helping her along the par ... the uh, parking lot.' there. Q. Mhm. A. Are you at all familiar with the Camp Hill Library? Page ? - 010170360278 - R/S of Betty Ort Q. Yes, yes. A. Okay, well you know, that's just a narrow driveway and then the cars are all on an angle- Q. Right. A. And uh, when she got to my very back corner, she said she just got to my car, and kind of like, laid her hand on the trunk, and then turned sideways to look back. She was going to cross over to the door. And she must've just been at that very far edge of my car and she was a little lady. I just, I just never saw her. Q. Okay. Did you speak to her at all? A. Uh, she was conscious. I tried to say are you hurt, are you okay, and she just kept saying, oh, my arm hurts, my arm hurts. You know, and uh, we did get a blanket and put around her. The lady from the library came out. There were like four or five of us around her there. Q. Okay. A. And she never did say what happened. I don't think she even knew, because she had turned away Q. Mhm. A. To like, to walk toward the door. Q. Okay. A. As I started to back, or otherwise she would've saw my red lights, you know. Q. Okay. A. You know how they go on when you put it into reverse. Q Right. _ A. And uh, it was the lady, she was afraid to come down through the parking area, there. Or the driving part, because she saw this lady limping along. And she said, "I was afraid she'd fall in front of me, or walk across in front of me". She ?•. said, "That's why I was sitting down there." And she said, "I saw her turn, just as you started to back out." Page 5 - 010170360278 - R/S of Betty Ort Q. Mhm. A. And she said, "You know, you really could not have done anything to prevent it, because, I mean it just happened." Q. Mhm. A. Like that, you know. I mean, I, I never saw her. Q. Okay. A. And uh, the lady that had been in the car beside me, that had motioned for me to go on, she said, "You know, I never saw her either." She said, "That could've been any one of us." Q. That's right. A. That was backing out. And then after the uh, EMS guys took the woman, you know, to the hospital ... Q. Mhm. A. It suddenly hit me, you know, and I just started to weep. I was s-o-o upset. I had never had anything like this happen. 0. Mhm•. A. And um, it really hit me yesterday. I mean, that's . I was like a basket case yesterday. I, I called the police the first thing in the morning to see if they knew anything about how she was. Q. Mhm. A. I was just so concerned for her, because, as it turns out she was 89 years old. Q. Yea, I see that. A. And driving evidently. Because she was walking up through the parking lc.t. Q. Yea, I just was able to pick up the police report today to get her phone number. I couldn't get it through directory assistance, so I'm hoping to get a hold of her now, this afternoon. So um, is there anything else that you would like to add that you think is important? A. I can't think of anything. I mean, I, all as I can say is, I just never saw her. I did look, it's a habit that I do look. .?•. Page 6 - 010170360278 - R/S of Betty Ort Q. Mhm. 1 A. It's not like I was in a rush. I had all the time in the world. Q. Okay. A. And uh, the gals all around me, they all said, 'Well, let me give you my name and phone number in case you need witnesses, because you really didn't do anything. 11 You know. And uh, "I said, it was my car though that bumped her." i Q. Yea. A. But, as I said, she was limping. I think she was very, very tottery. I didn't hit her hard, or she would've had a hurt leg or something. You know. Q. Okay. Okay. A. I just started to move. I had only went a ... maybe a foot at the most. Q. Mhm. A. I mean, not, not much. But it was enough with her being tottery to make her fall over. Q. Okay. Alright. Did you understand all the questions I asked? A. Uh, yes. Q. Okay, and have all your answers been true and correct to the best of your knowledge? h A. As true as I'm sitting here. 0. Okay. Did you understand that the interview was being recorded? i A_ That's correct. i Q_ Okay, I'm turning off the recorder. The time is approximately uh, 4:50. LW/tn Transcribed 9/8/99 MIRIAM C. AUNGST, Plaintiff v. BETTY L. ORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4772 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of 2000, upon consideration of Defendant's Motion in I. mine and PlaineiffIs response thereto, it: is hereby ordered that Defendant's Motion is GRANTED. Plaintiff is hereby precluded from offering any evidence or testimony, that: Plaintiff has permanent immobility of her right arm; Plaintiff has suffered severe shock, and trauma to her nervous sysCem; Plaintiff has suffered synovitis and traumatic hemarthr.osis to her left knee; Plaintiff's eyesight has been aggravated by the alleged accident so as to now be legally blind, and the alleged increased cost_ of living expenses associated with residing at Bethany Village. BY THE COURT: J. Jefferson J. Shipman, Esquire I.D. k: 51785 John R. Ni.nosky, Esquire I.D. #: 78000 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant MlKiAM C. AUNGST, Plaintiff v. BETTY L. ORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4772 CIVIL TERM . CIVIL ACTION - LAW . JURY TRIAL DEMANDED DEFENDANT'S MOTION IN LIMINE AND NOW, comes the Defendant, Betty L. Ort (hereinafter Mrs. Ort"), by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Motion in limine by respectfully stating the following: 1. This matter is scheduled to go to trial during the week of September 11, 2000. 2. This matter arises from an incident wherein Plaintiff alleges that she was struck by a car operated by Mrs. Ort in the parking lot of the West Shore Public Library in Camp Hill. 3. Both parties have submitted Pre-trial Memoranda pursuant to the Local Rules of Court for Cumberland County. 4. Plaintiff has alleged, inter alia, the following injuries which occurred allegedly as a result of this incident: fracture right humerous resulting in severe discomfort and permanent immobility of her right arm; severe shock and trauma to her body and nervous system; synovitis and traumatic hemarthrosis to her left knee; aggravation of her eyesight causing legal blindness; impairment of Plaintiff's ability to ambulate as the result of injuries suffered in the impact; and increased cost of living at Bethany Village. 5. Plaintiff has identified no medical doctor or health care practitioner who is going to testify at trial. 6. Plaintiff has not taken any deposition of any medical doctor or health care practitioner for use at trial. 7. The admission or exclusion or evidence is within the sound discretion of the trial judge, and will not be reversed on appeal absent an abuse of discretion. Pontiere v. James Dinert Inc., 426 Pa.Super. 576, 627 A.2d 1204 (1993). 8. Pa.R.E. 701 states, "If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are rationally based on the perception of the witness and helpful to a clear understanding of the witness' testimony or the determination of a fact at issue." 9. The Comment to Pa.R.E. 701 states that Rule 701 is consistent with Pennsylvania law. 2 • I • I 1 1 10. As a general rule, a lay person may testify as to distinct facts observed by him concerning the apparent physical condition or appearance of another. Com. v. Allison, 550 Pa. 4,8, 703 A.2d 16,18 (1997). 11. A lay witness may testify as to certain matters involving health, the apparent physical condition of a person, and as to obv:_ous symptoms, but this testimony must be confined to facts within his knowledge, and may not be extended to matters involving the existence or non-existence of a disease, which is discoverable through the training and experience of a medical expert. Baum v. Metropolitan Life Ins Co., 144 Pa.Super. 37,41, 19 A.2d 486,487 (1941). Motion in Limine to Preclude introduction of any evidence that Plaintiff has permanent immobility of her right arm. 12. In the present matter, it is anticipated that Plaintiff will attempt to testify that she has permanent immobility of her right arm. 13. It is respectfully submitted that a determination as to whether an injury is permanent requires the presentation of expert testimony. 14. It is respectfully submitted that whether the alleged permanent. immobility of Plaintiff's right is caused by the 3 incident at issue requires expert testimony. This is based upon Plaintiff's very complex medical history and advanced age. An expert is required to demonstrate a causal link between the incident and the alleged injury which is different from a pre- existing condition or simply old age. 15. The jury would be left to speculate as to whether Plaintiff has suffered the alleged harm, and whether the incident at issue was a substantial factor in causing the alleged harm. 16. Mrs. Ort respectfully submits that Plaintiff should be precluded from offering any testimony or evidence that Plaintiff has permanent immobility of her right arm. Motion in Limine to preclude introduction of any evidence that Plaintiff has suffered severe shock and trauma to her nervous system. 17. It is anticipated that Plaintiff will testify that she suffered a severe shock and trauma to her body and nervous system. 18. Plaintiff can certainly testify as to what she felt as a result of the incident and that she suffered bruising; however, Plaintiff is not qualified to testify as to whether any shock or trauma occurred to her nervous system. 19. It is respectfully submitted that a determination as to whether any shock or trauma occurred to Plaintiff's nervous system requires presentation of expert testimony. 20. An expert is required to demonstrate a causal Ii.nk between the incident and the alleged injury which is different from a pre-existing condition or simply old age. 21. The jury would be left to speculate as to whether Plaintiff has suffered any shock or trauma to Plaintiff's nervous system, and whether the accident was a substantial factor in causing the alleged harm. 22. Mrs. Ort respectfully submits that Plaintiff should be precluded from offering any testimony or evidence that Plaintiff has suffered any shock or trauma to Plaintiff's nervous system. Motion in Limine to preclude any testimony or evidence that Plaintiff has suffered synovitis and traumatic hemarthrosis to her left knee. 23. It is anticipated that Plaintiff will testify that she suffered synovitis and traumatic hemarthrosis to her left knee. 24. Stedman's Medical Dictionary defines synovitis as, "Inflammation of a synovial membrane, especially that of a joint; in general, when unqualified, the same as arthritis." Stedman's Medical Dictionary, 24 Ed. (emphasis supplied). 25. Stedman's Medical Dictionary defines hemarthrosis as, "Hemarthron; hemarthros; blood in a joint." Stedman's Medical Dictionary, 24'" Ed. i 26. Plaintiff testified during her deposition that on the day of the incident, "I did walk with a slight limp because I have a bad knee. My cartilage is all gone in my left knee; it's shot. So, it's bone on bone and it hurts when I walk, so I favor the knee and, as a result, I walk with a slight limp..." (Deposition of Miriam C. Aungst, Page 12, line 23 through Page 13, line 3, attached hereto as Exhibit A). 27. Plaintiff also testified during her deposition that her left knee had been a problem for years. (Exhibit A, Page 19, lines 8 through 10). 28. Plaintiff's own testimony clearly indicates that she has had problems with her left knee for years prior to the incident. 29. It is respectfully submitted that since there are pre- existing problems with Plaintiff's left knee, an expert is needed to testify as to whether the alleged conditions were caused or aggravated by the accident. 30. A lay person, such as Plaintiff, is simply not qualified to render an opinion that she suffered synovitis or traumatic hemarthrosis to her left knee where it is undisputed that Plaintiff had left knee problems for years, and it is notA possible to observe blood in the knee joint by simple > observation. A layperson cannot demonstrate the causal link 6 between the alleged injury and the accident. 31. The lack of expert testimony concerning this alleged injury would cause the jury to speculate as to whether the accident was a substantial factor in causing the alleged injury. 32. Mrs. Ort respectfully submits that Plaintiff should be precluding from testifying or offering any evidence that she has suffered synovitis and/or traumatic hemarthrosis as a result of the accident. Motion in Limine to Preclude Plaintiff from offering any testimony or evidence that she suffered aggravation of her eyesight causing her to be legally blind. 33. It is anticipated that Plaintiff is going to testify that her eyesight has been aggravated and that she is now legally blind as a result of the accident. 34. Plaintiff testified during her deposition that she has had glaucoma for years before the accident. (Exhibit A, Page 20, line 11). 35. Plaintiff also testified during her deposition that she has undergone cataract surgery on both her eyes. (Exhibit A, Page 21, lines 19-20). 36. Plaintiff's deposition testimony makes it undisputed that she had serious pre-existing conditions with her eyes prior to the accident. 7 37. It is respectfully submitted that since there are pre- existing problems with Plaintiff's eyes, an expert is needed to testify as to whether the alleged conditions were caused or aggravated by the accident. 38. A lay person, such as Plaintiff, is simply not qualified to render an opinion that she suffered an aggravation of her eyesight which has caused her to be legally blind where it is undisputed that Plaintiff had problems with her eyes for years. A layperson cannot demonstrate the causal link between the alleged injury and the accident. It is absurd to even suggest that Plaintiff is qualified to testify that her eyesight has been aggravated by the accident and as a result she is legally blind. 39. The lack of expert testimony concerning this alleged injury would cause the jury to speculate as to whether the accident was a substantial factor in causing the alleged injury. 40. Mrs. Ort respectfully submits that Plaintiff should be precluding from testifying or offering any evidence that Plaintiff's eyesight has been aggravated thereby causing her to be legally blind as a result of the accident. 8 Motion in Limine to preclude any testimony or evidence that Plaintiff's ability to ambulate has been permanently affected as a result of the accident. 41. It is anticipated that Plaintiff is going to testify that her ability to ambulate has been permanently impaired as a result of the accident. 42. Plaintiff can certainly testify that her ability to ambulate was impaired for a period of time after the accident; however, Plaintiff is offering no medical testimony which will indicate any permanent impairment of any portion of Plaintiff's body. 43. It is submitted that Plaintiff should not be permitted to testify that her ability to ambulate has been permanently affected where Plaintiff will present no medical testimony that Plaintiff has suffered any permanent injury. 44. As stated above, it is respectfully submitted that expert testimony is required to demonstrate any permanent condition which allegedly occurred as a result of the accident. This is especially the case in the present matter where Plaintiff has a complex medical. history with numerous afflictions which Plaintiff had prior to the accident. 45. The lack of expert testimony would force the jury to speculate as to whether Plaintiff's alleged inability to ambulate i 9 was caused by the accident or by Plaintiff's pre-existing knee condition for example. 46. Mrs. Ort respectfully submits that Plaintiff should be precluded from testifying or offering any evidence that Plaintiff's ability to ambulate has been permanently affected as a result of the accident. Motion in Limine to preclude Plaintiff from offering any evidence or testimony concerning the alleged increased cost of living at Bethany Village. 47. It is anticipated that Plaintiff is going to offer evidence of an alleged increased cost of living which she has incurred at Bethany village as a result of this accident. 48. Plaintiff is going to testify that she would not be at Bethany Village if the accident had not occurred. 49. There will be no medical testimony offered which indicates any medical professional recommended Plaintiff to move to Bethany Village as a result of the accident. 50. There will be no medical testimony that Plaintiff has suffered any permanent injury as a result of the accident. 51. It is undisputed that Plaintiff was almost ninety (90) years old prior to the accident, and that Plaintiff had suffered from various medical conditions prior to the accident. 52. Based upon Plaintiff's age and complex medical history, it is submitted that expert testimony is required to demonstrate that Plaintiff has been forced to reside in Bethany Village as a result of the accident. Moreover, records produced by Bethany Village indicate that Plaintiff is permitted to have independent living. 53. Plaintiff is not going to offer any expert testimony which will make the causal link between the accident and Plaintiff moving to Bethany Village. 54. It is respectfully submitted that the lack of expert testimony will force the jury to speculate as to whether Plaintiff was forced to move to Bethany Village as a result of the accident or that Plaintiff would have moved to Bethany Village irrespective of the accident. 55. Mrs. Ort respectfully submits that Plaintiff should be precluding from testifying or offering any evidence that she was forced to move to Bethany Village as a result of the accident and/or the alleged increased cost of living associated with living at Bethany Village. WHEREFORE, Mrs. Ort respectfully requests that this Honorable Court grant her Motion in Limine. Respectfully submitted: GOLDBERG, KATZMAN S SHIPMAN, P.C. i J ferson J. Shipm n, Esquire 1.D. #51785 John R. Ninosky, Esquire I.D. #78000 P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date: ?5 IUDU 50795.1 111 12 Exhibit A .. r &V n . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIRIAM C. AUNGST, : Plaintiff,: V. BETTY L. ORT, Defendant.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4772 CIVIL ACTION - LAW JURY TRIAL DEMANDED 1'i COPY Deposition of: MIRIAM C.'AUNGST Taken by: Defendant Before: Susan O'Hara, Notary Public Registered Professional Reporter Date: March 16, 2000, 1:35 p.m. Location: Bethany Village 325 Wesley Drive, Apartment 124 Mechanicsburg, Pennsylvania APPEARANCES: BY: HENRY F. COYNE, ESQUIRE FOR - PLAINTIFF GOLDBERG, KATZMAN & SHIPMAN BY: JEFP6ERSON J. SHIPMAN, ESQUIRE FOR - DEFENDANT Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com I INDEX To TESTIMONY M1FP00Y.MT Y.X6MIN6TION pfl: 1 l Nl rlnm Aup•pI liy N,. iLlMmnn 1 2 4 By MI. C.yn.. 14 3 q 6 T f 6 e 7 I Id5:32 8 10 11:31:32 9 11 13o9:si 10 12 11 11 INDEX To EXHIBITS ?:IC:01 12 14 No. DESCRIPTION PAGE 13 25 INDn<1 ?:10:10 14 16 11:10:11 15 1T to: 21 16 1S 13 :43:10 17 19 11: tool IB 20 13:40: to 19 21 11 :to:o 20 22 17:40:15 21 23 11 :to:so 22 24 u:1o;52 23 25 u:4o:ss 24 11:40:56 25 3 STIPULATION It is hereby stipulated by and between counsel that all objections, except as to the form of the question, are reserved until the time of trial. MIRIAM C. AUNOST, called as a witness, having been duly sworn, testified as follows: BY MR. SHIPMAN: Q. Would you please state your full name for the record here today? A. Miriam C. Aungst• Q. And also, please, your address here at Bethany Village? A. 325 Wesley Drive, Mechanicsburg, Pennsylvania, 17055, Apartment 124. 0. Thank you, Ms. Aungst, my name is Jeff Shipman and I'm an attorney from Harrisburg and I represent Mrs, Ort who is a party and the defendant in a lawsuit that was filed here in Cumberland County. A• Yes. 0. The purpose for our meeting here today is for me to have an opportunity to meet you and to ask you questions about that case. A. All right. Q. As you can see, there is a young lady here u:4noo 1 and she is transcribing what I say and what you say. 13:41:05 2 A. Yes. 13:v:o6 3 Q. So, it's important for you to listen to the 13:41:10 4 questions that I ask you today and, when I finish, to give 13:41:11 5 a verbal spoken response so that she can take your answer 13:41a0 6 down. 1:11:22 7 A. Instead of nodding. 13:11x1 8 Q. Exactly. 13:41:24 9 A. Right, 11:41:25 10 Q. Mr. Coyne, your attorney, is here today and n:4nn 11 if for any reason you want to discuss anything with him, 21:41:1; 12 then please feel free to do that. 13:v:m 13 A. All right. 11:12:50 14 Q. If for any reason you do not understand a 21:11:52 15 question that I ask you, please let me know that. 11:41:56 16 A. I will. 11:12:00 17 Q. How about if we start by you telling me just 21:42:02 18 a little bit about yourself, beginning with how.old you 13:42:06 19 are. 13:x:04 20 A. I'm 90 years old, 13:11:20 21 Q. And what is your birth date? 11:42:12 22 A. September the 21st, 1909. 11:12:25 23 Q. And you are a widow? 13:v:n 24 A. Yes. 21:11:06 25 Q. What was your late husband's name? 5 13:43:10 1 A. Foster W., Colonel Foster W Aungst. 11:u:1i 2 Q. And he was in the service? 13:45:10 3 A. Yes, Army, 13 :4 3 :20 4 Q. Was he a career Army? 11:43:22 5 A. Yes. 15:45:24 6 Q. And when did he ultimately retire from the 13:uao 7 Army? 11:13:n 8 A. 1960. 13:43:32 9 Q. And when he retired, was he here in the 11:e:31 10 Central Pennsylvania region? Were you both here? I,(1:31 11 A. Yes, we were both here, He retired in 13:43:40 12 Philadelphia, from Philadelphia. 13:13:12 13 Q. And was it at that point that you were living 13:13:16 14 in Camp Hill? 11:43:49 15 A. No, at that time we were I'ving in 13:11:5016 Philadelphia. 13:43:52 17 Q. When did you move to the Camp Hill area, the l,:o:56 18 Harrisburg area? 11:11:56 19 A. 1965, August the 5th, 1965. We moved to 3510 11:11:02 20 Walnut street. 13:11:01 21 Q. And was that an apartment? 11:94:06 22 A. An apartment. And that's where we lived 13:41:10 23 until he died and that's where I lived until I moved in 13:11:14 24 here. 13:14:1i 25 Q. Where are you originally from; where is your Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com l 11:11:;0 1 home? - u:u:2o 2 A. I was born and reared in Newport News, u:um 3 Virginia. 11:44::1 4 Q. I've heard of that place. 5 A. Well, of course you have, ft's very well 1):w 6 known. u:oa! 7 Q. There's a big military facility there, I ?:1107 8 believe. 11:11:11 9 A. All kind of military is there. Langley Field 13:44:31 10 is there; Fort Monroe is there; the Navy is across the 13:4oo It hall, across the road in Norfolk. They have all kind of 11:41:11 11 military there. n:41:16 13 Q. I think that my father spent some of his -- 14 A. Fort Eustis is there. is Q. Fort Eustis is there. ,13:11:5: 16 A. That's transportation. 11nes4 17 Q. He was in the Army. 18 A. That's transportation. 13:66:56 19 Q. And he tells stories about when he has time 11:46:11 20 off, he's going to Williamsburg to watch the movies. 11:65:07 21 A. Yes, that's right there on the peninsula. 13:65:06 12 Q. When did your husband pass away? 13:65:10 23 A. December the 19th, I think, of 1996, u:65:u 24 Q. 1996? 13:45:11 25 A. It was the 19th, wasn't it, Mr. Coyne? 1!:1rn 1 R. COYNE: Yes, that's what you told me, ns 2 19th December, 1996. 3 THE DEPONENT: 19 December '96. 4 BY MR. SHIPMAN: 5 Q. And you stayed at the apartment then after he 6 passed away? u:nas 7 A. Yes. 11:15:42 B Q. When did you actually move to this apartment 11:65:11 9 here at Bethany Village? 13::5:50 10 A. September the 8th, 1998. 13:15:56 11 Q. And have you always been at this apartment, u:6s:v 12 number 124? 11:o oo 13 A. Yes. 13:14:04 14 Q. Let me ask you a little bit about the move to mom 15 Bethany Village. Prior to this accident happening, which 11:66:;7 16 was in April, 1998, if I understand it, it was April 21, 1):66:70 17 1998? 13:46:20 18 A. That's right. 11:16x2 19 Q. Had there ever been any consideration from 11:66:76 20 moving from your apartment in Camp Hill? 11:46130 21 A. No, I never even thought about being old, 13:16:56 22 really. I never thought about it, I suppose I should 13:66:11 23 have but I never thought about being old, but I got old 11:66:62 14 overnight. But I never thought anything about moving 13:16:66 25 because I -- went about my business, I drove my car, went 11:46:51 1 8 where I wanted to go and did what I wanted to do and there ' om:1o 1 9 they had to move her to the geriatric section at the 11:46:56 2 wasn t any reason for me to think about making any moves, 13:41:11 2 Polyclinic Hospital where she later died And then Janet 13:v:u 3 I was happy in my apartment. My landlady was wonderful, u:11:u 3 , moved into her mother's apartment So that's how it was 53:17:01 4 my neighbors were nice. I had no reason to think about 11:41:22 4 , , But Janet was a wonderful landlady. She really was 13:47:06 5 moving. I was perfectly happy. I hadn't even thought 13:41:21 5 . Q. Is she still alive? u:47:u 6 about moving anywhere. I was perfectly happy where I was. 13 :4 1:26 6 A. Oh, yes, Janet is still the landlady There 11:47116 7 Q. And you had been there for? u:66a1 7 , is no reason why in the world I would think about moving 11:4 1 :11 8 A. Almost 35 years, yes, since 1965, 13:1 a6 8 . I didn't think about it. 11:47:22 9 Q. What was the name of the owner of the 11:16:31 9 Q. Do I understand you have a daughter? 13:11 :24 10 building? ' 11:0:42 10 A. I have a daughter, 13:17117 11 A. D Agostino, Janet D'Agostino. Because she 13:11:41 11 Q. You have one child? 13:17:32 12 was married at the time we moved in theU and her husband 11:0:0 12 A. Um-hum. 11:0:36 13 died, but she lived right downstairs, her apartment was nm:66 13 Q. And her name is Aickie Riggins? 13:11 :51 14 right under mine. 13:11:0 14 A. Um-hum. 13:0:40 15 Q. And you had a second floor apartment? 13:11:52 15 Q. R-i-g-g-i-n-s. 13:0:42 16 A. I had a second floor apartment, which I liked ' um:s4 16 A. And I have a stepson who's Charles Aungst and 13:4 7 :46 17 because I didn t want somebody walking on my head, 13:11:56 17 he lives in Philadelphia, And I have a stepdaughter and 13:11:41 18 Q. I understand that. 11:0:02 18 she lives in Wernersville. 11:47:so 19 A. Yeah, because when we looked at the 13:0:06 19 Q. Wernersville, Pennsylvania? 11:42:52 20 apartment, Janet showed me the one across the hall, her 13:0;06 20 A. Um-bum. I seldom see her but I see m mo:w 21 mother lived downstairs when we moved in and they showed imme 21 , y stepson very often. 11:41:00 22 me one across the hall. I said, no, I don't want somebody 11:mv 22 Q. What are their names, your stepson and n:o:v 23 walking on my head, I'd rather be upstairs. So then we 11:0:0 23 stepdaughter7 ma o; 24 took the one above. n:im6 24 A. The stepson is Charles Aungst. And the 11:41:06 25 Then of course Janet's mother had a fall and u:m2o 25 stepdaughter is Carolyn Musante, Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngera@aol.com 1 Q, Can you spell her last name? 10 13:15;7; 2 A, M-u-s-a-n-t-e, Musante, Italian descent. 13:0:!: 3 Q. Where does Charles -- what part of 11:11:1; 4 Philadelphia is he from? °1! S A. Lived in Rockledge. That's near Fox Chase. 6 You know where Fox Chase is. It's near Fox Chase. 113:44:11 7 Q, Yes. You mentioned driving, that you would 13:0:50 8 drive on your own? 13113:5: 9 A. Oh, yes. 13:0:5: 10 Q. When did you stop driving? Are you still 13:0:55 11 driving? 13:13:55 12 A. No, I stopped driving when I had the 0:so:oo 13 accident, I was a total wreck. I was a basket case, I 13:55:06 14 couldn't see. I was all shaky. So I haven't driven since u:soao 15 the accident. I had to sell my car. That's the reason I 13:55:13 16 had to move, I couldn't manipulate. 11:50:19 17 Q. Okay. Let me ask you about the accident. I 13:50::1 19 know from the information that Mr. Coyne gave me where it u:5o:39 19 happened. I know some of the details of it, but I just 13:s0u7 20 want to hear in your words what happened. Do you remember uao:m 21 the time of day that it happened? meo:io 22 A. It was early in the afternoon, about 1;30, 13:so:0 23 early in the afternoon, a beautiful sunshiny day. 13:so:w 24 Q. And you were going to the West Shore Library? u:so:s7 25 A. I went to the library. I parked my car in u:vc+ 1 the first space. You know how you come in and park 11 vs:r 2 diagonally. The first place was vacant, so I pulled in 3 there, You can't tell how many are going to be, so I 4 pulled in there. And I was walking -- you have to walk up S the driveway to the entrance, And I had a bag of books in v:!: 6 one hand and my purse in the other hand. And L was 13:5:0 7 walking up the driveway. B I was almost to the door and I glanced 13:s:::! 9 behind. There was a car coming, so I stepped aside. And u:v::, 10 as I stepped aside, this car backed out into me. Well, I 13:110! 11 was never so surprised in my life that here comes this car 12 and down I am all over the road and the car kept coming. us:r9 13 I, of course, dropped everything, With my 13:si:,o 14 hand on the bumper, I held onto the car because, of 13:51:11 15 course, she was coming very slowly, She pushed me all the 13:51;1! 16 way across the driveway or else she'd have run over me, ass: 17 But I was holding with my hands and she pushed me all the 3:510 18 way across the driveway. 3:9:5? 19 People came from everywhere, You know how a 3:53:00 20 crowd gathers; you don't know there's anybody around, And 3:s2:o 21 I thought I had dislocated the shoulder because it hurt 22 so. And I'm right away trying to get up, And this lady 1:5::io 23 who came from one of the groups wouldn't let me get up. 1:5::11 24 So, I stayed there and they called my sister-in-law, and 1:52::2 25 luckily she was at home. She's never at home, but she was 12 11:s2ai 1 at home that day, thank goodness. And of course they 13:52:29 1 called the ambulance and the police came and ho, ho, ho, 1362ua 3 There you have it, that's the way it was, IMMI 4 Q. Okay. That day you drove to the library? 13:w:u 5 A. I did. 13:52:10 6 Q. And you parked in the first aisle as you come 111:52:u 7 down the driveway at the end of the library, you went to u:52:5o 8 the first space. And then you got out of your car and u:s2:s1 9 started to walk along, if I understand, behind the line of nm:s9 10 cars that were parked there? 13:53:0011 A. Right. u:si:ot 12 Q. Do you know as you were walkigg along behind u:ss:r, 13 those cars, whether you were holding onto the cars? 11:53:13 14 A. Now, how could I hold onto the cars? I had mm u 15 one hand with the purse and one hand with the books. I 13:s1:ii 16 don't have but two hands. ss:ssai 17 Q. Which hand did you have your purse in? 13:53:70 18 A. Well, I assume that I. had my purse in the u:s3:21 19 right hand and the books in the left, but I wouldn't swear u:s3u6 20 about that. It could have been the other way. But I 0:9ao 21 assume my purse was in the right hand and my books -- but 13:937 22 I had only two hands there were no more hands to get to. 13:uua 23 1 did walk with a slight limp because I have um:31 24 a bad knee. My cartilage is all gone in my left knee; 55:$1:12 25 it's shot. So, it's bone an bone and it hurts when I 13 13:5±:0 1 walk, so f favor the knee and, as a result, I walk with a 11 :53:f1 2 slight limp. And I walk slowly because I do everything 11:53:51 3 slowly. I walk slowly, but I wasn't holding on to 4 anything because I didn't have any more hands to hold. I 3:9:00 5 didn't need -- I had walked all the way up. I was almost 130135, 6 to the door, about ready to go in. 7 Q. So you had walked past -- 8 A. I walked the full length of the driveway, I 13:9::: 9 walked all the way up and I was to the door, almost to •- 13:9:73 10 I think there was only one car parked in front of the X3:9:0 11 door. And then I saw this car and so I just stepped 3:si::2 12 aside. I guess, and the car was still stopping, but you 1115::7; 13 can't tell how fast people are going, so I just stepped 13:51:30 14 aside in case they wanted to go through, Then when I INIA2 15 stepped aside, this car -- down 1 went. 11m:r: 16 Q. Okay. I'm just trying to understand myself 11:13:10 17 how this happened. 13:13:,: 18 A. Well, that's how it happened. 3:9:11 19 Q. Did you see the car that you referred to that mi:o 20 backed out, my client's car, Mrs. Ort's car, before that 1:51:!4 21 car began to back out? Did you see the driver or could m5:oo 22 you tell in any way that that vehicle was about to come ,:s5:o123 out? i:s5:c, 24 A. Heavens no, I didn't know there was anybody ,:9:0; 25 in the car. I assumed all the cars were empty. I was Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com 14 u:m:n 1 walking along, I was getting to the entrance. I wasn't 15 11:!;10 I Wisconsin and stayed with me for two months, I couldn't 1155:1 2 paying any attention to the cars. I was getting to the m5? .11 2 do anything. I'm not a crybaby, but I hurt so that I u:ss:i? 3 entrance, s 3 cried. u:sru 4 Q. Do you remember what the car looked like at 5556:51 4 Q. I don't understand how much pain you were in, u:ss::o 5 all? u:s m 5 but I understand what you're saying. Do you remember 11:55::: 6 A. It was a dark automobile, that's all I know. 11:51:0: 6 being at the scene, speaking to my client at all? u:ss:l, 7 See, the car came out just as 3 stepped up. It was just 13:51:03 7 A. I don't even know -- I think my eyes must 13:5s:ia 8 such a shock for the car was right there. I hadn't really 11:5+:3 8 have been closed. I don't know what the lady looked like, u:m:r 9 a chance to see the darn car. It just came out of the 11:5110 9 They wouldn't let me get up. I don't know what anybody u:s5:,3 10 blue, I don't know what color the darn thing was. It was 1:51:i6 10 looked like. I just know that I was down on the ground 0:ss:u 11 an automobile; I know that. And it hit me; I know that. 13:57:73 It and I didn't like it because f hurt. But, of course, it 13:55:6 12 And it ran me all over the road; I know that. 11:51:1 12 was the next day when I really began to hurt because they 23:55:50 13 And I've never hurt so much in my whole life. 11:51:7< 13 sent me home from the hospital, and it was terrible ss:s5:5( 14 Every bone and muscle in my body was bruised and battered, 1):57:32 14 getting home but I got home, But then it was the next 13:55:56 15 And if I hadn't had some good bones -- I've got good 11:51:4 15 day, I couldn't move. ii:56:v 16 bones. I've had plenty of broken bones. Not very many 13:55:11 16 Q. Do you remember being taken in the ambulance ua6:o6 17 women as old as 1 am would have had a fall like that and u:s5:c 17 to the Holy Spirit Hospital? 13:%:1o 18 not break a hip or pelvis, but I've got good bones and 15:57:11 18 A. Oh, sure, I remember it all, n:s6:11 19 thank God they didn't break. I just broke the shoulder. 11:51:16 19 Q. Do you remember being treated at the hospital 13:s6n6 20 Q. You fell down on your right side? u:51:s3 20 in the emergency department? 11:56:56 21 A. I fell down on that side. And I can't tell u:57:s7 21 A. I remember it all, 13:56:76 22 you the excruciating pain. You have no idea how it hurts 13:57:51 22 Q. And I think you mentioned earlier that u:56:3o 23 when every bane and muscle in your body hurts, 1 couldn't u:p:w 23 someone, a relative, came and took you home from the 1:56:34 24 even brush my teeth. I couldn't move. Any move, any move u:si:oz 24 hospital? 53!::57 25 was just agony, total agony. My daughter came from 11:51:10 25 A. My sister-in-law came. As soon as they 16 17 u:sa:aa 1 called her, she came right away to the hospital. 53:76:11 1 and understood it was necessary that she stay with me. 11:56:08 2 Q, What's her name? 13:56:11 2 And she and my granddaughter, who lives in Houston, they 13:s6:u 3 A. Her name is Madeline Dangler. She lives in n:s6:n 3 moved me when I moved because I couldn't do all that, So 55:56:16 4 Mechanicsburg. She's my guardian angel. She stayed with 11:55:76 4 they did everything. They moved me and did everything for 11:sun 5 me until Nickie came, got there from Wisconsin, because it 13:1:10 5 me. 55:5a:u 6 took her a while to drive from Wisconsin. 55:56:10 6 Q. We have the medical records, but do you have 13:58:7; 7 Q. Can you spell Dengler? 53:s6a1 7 a recollection of being treated by Dr. Litton for your -- 8 A. D-e-n-g-l-e-r, Dengler, Madeline Dangler. 11:51:31 8 A. Oh, yes. 13:51:30 9 Q. So she brought you home and then your 13:56:56 9 Q. -- shoulder? 13:!a:36 10 daughter came from Wisconsin? 13:56:10 10 A. Yes. 115::11 11 A. Yeah. uss:o 11 Q. If I understand correctly, he put your 11:5::36 12 Q. Did she come that day? _ u:55:n 12 shoulder in a brace? uoios 13 A. She left right away. Wisconsin is some 11:56:61 13 A. But I didn't have to wear that very long. 13:56:10 14 distance, so it took her awhile to come. She had to 11:56:1114 Q. After you went home from the hospital, were n:5a:11 15 drive -- I can't remember if she spent the night anywhere. 13:ss:10 15 you having any difficulty immediately -- shortly after you 0:51::6 16 It took her a couple of days to get there. But Mamie 11:55:51 16 came back from the hospital, were you having any trouble 13:5::52 17 stayed with me until she came because I couldn't do u:ss:w 17 walking? 13:51:56 IS anything, 11:56:51 18 A. Well, I couldn't walk. 13:51:56 19 Q. Where does she live in Wisconsin? 11:00:00 19 Q. You could not walk at all? u:sa:sa 20 A. She lives in Milwaukee. 11:00:05 20 A. I couldn't walk. I couldn't do anything. I 13:s6:0o 21 Q. What does she do for a living? 11:00:06 21 was a basket case. 13:56:05 22 A. She's retired. She's retired from Social 1:00:01 22 Q. So you could not walk at all when you got u:55:0s 23 Security. That's why she could stay for two months. 1:00:10 23 home? u:56:a6 24 She's retired and her husband is very broad-minded and a 11:32:10 24 A. No, I couldn't walk. 13:56:: 25 wonderful guy and he was very nice about the whole thing 113::11 25 Q. According to the medical records, your right Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com l t 18 u:m:u l shoulder seemed to be substantially improved within about 110101 1 19 Q. Have you had surgery on your left knee woo::) 2 a month? 11:0111 2 before? i,:oe:: 3 A. Yes, because I heal quickly, thank goodness. wm:,; 3 A. No, because my doctor didn't recommend it 1:00:1 4 Q. And Dr. Litton, you didn't see him anymore ic<::r. 4 . Dr. Hallock said I should have a knee replacement but iaoo:r, S after about a month? 11:o::u 5 , when I came here, my doctor looked at my records and he 11:ooao 6 A. No, I've forgotten. I didn't go to see him iari:o 6 said he wouldn't recommend in my case, with such a long u:m:e 7 very often, But, he took all my pain very lightly, you 1:c11v 7 convalescence, he wouldn't recommend a knee replacement. ?:0o:16 8 know. He didn't hurt, so he took it very lightly. But I 1:0::r 8 Q. Do I understand the left knee has been a 1:oo:a 9 didn't take it very lightly. It was horrible. But it 11:01700 9 problem for years? 11:011 10 went away after a while. Gradually it went away. iew:co 10 A. Yes, it's not new. The knee is not new, but 11:00:w ll Q. According to the medical records, you ieo::m 11 it just -- everything just got all fouled up. It's been i4:msi 12 developed a problem with one of your -- I believe your 11AM) 12 downhill ever since that. u:a2nr 13 right knee. You developed some swelling or -- wv:u 13 Q. Was your principal injury -- I know that you 11:1:00 14 A. That was the left knee. The left knee I had 1:0::1 14 hurt all over. But was the principal main injury that you 11:01:01 15 problems with but, yeah, it swelled up like a balloon. ieu:u 15 sustained, the physical injury to your body from this u:oi:os 16 Q. Do you have any idea what caused that to 1:03:21 16 impact with this car and being knocked over, was it the ,am:io 17 happen? 11:02:0 17 right shoulder injury? 11:01:10 18 A. The cartilage is gone and it was all that 1:1:10 18 A. That's the only thing that showed anything mo1:u 19 rubbing, the bone on bone and it got inflamed. And this wmo; 19 that was incidental, And by the way, I still don't have 11:01:20 20 fluid -- my knee filled up with fluid. 1112.10 20 the full use of my shoulder, 1:ma6 21 Q. And they had to take the fluid out? 16:02:11 21 Q. Do you still have any pain in your shoulder? 1:01:26 22 A. They went and drained it and gave me a shot 1:011 22 A. I still can't use it, I still don't have the u:oi:a 23 which gave me temporary relief. But I had the probable u:o1:1s 23 full use of it, 1 guess I never will. 1r:ma2 24 because the cartilage is gone, and it was gone before the mmso 24 Q. Do you have pain there? 25 accident. 11:ms2 25 A. But the shoulder, incidentally, it's all the 20 21 wo::51 1 rest of it that was so awful, the terrible trauma to my moor f to Dr, Schindler. So I went to Dr. Schindler. 11:03:00 2 whole body. You can't take a 90-year-old body and beat it 11:1:21 2 Well, that was just before the accident. I 1:03031 3 up like that and not have terrible repercussions. You 11:0021 3 think I'd only seen him one time. And he was supposed to 11:03:0o 4 just can't. So, as I say, I didn't think about being old. us1:n 4 get my records from Dr. Daily. But when Winkle was here 17:ni: S But suddenly, after that, I was an old lady, 1:03:6; 5 this past January, her doctor wants my records because of 1:1:16 6 Q. Can I ask you some questions about your 11:01:0 6 my glaucoma history, checking her eyes. She called Dr. 1:03:11 7 health generally and what your health was like before the 1:oeu 7 Schindler for my records and he didn't even have them. 11:nn 8 accident? moan B They were still at Dr. Daily's, So that's how much he 1:0351 9 A. I always was healthy. imm2 9 knows about me. u:03s 10 Q. How about your eyes? 1:oe11 10 Q. Did Dr. Schindler ever operate on either of 1:03a1 11 A. I've had glaucoma for years. And, of course, 11:01:5 11 your eyes? 11:0 3:17 12 that got worse. Everything got worse. Any kind of trauma 11:01:w 12 A. I said Dr. Schindler has only seen me one 1:030; 13 is bad on glaucoma. And, of course, my eye doctor, Dr. iusxo 13 time. 110172 14 Rife, retired. And then Dr. Coleman, who he recommended, 11:15:m 14 Q. Did Dr. Rife operate on them? 1em:1 15 he retired. So, my doctors retired on me. 11:05:1 15 A. Oh, yes, Dr. Rife did both my cataract 14:03:41 16 Q. And you ultimately ended up with Dr. 1:os:m 16 operations. I went over to Hill's Eye and they did some 17 Schindler? ums10 17 laser surgery over there. Dr, Rife also did some laser 16:03:52 18 A. Yes, but I've only seen Dr. Schindler about vusm 18 surgery. And he did a cryo-something on my retina, so. 11:03:5; 19 twice. He doesn't know me from a hole in the ground. He 1:05:22 19 Q. Have you had surgery on both eyes? mm:w 20 doesn't know me. Now, when Dr. Coleman retired -- 1:05a6 20 A. Both cataracts, yes, 11:m:m 21 Q. Can you spell that for the reporter? imm1 21 Q. Is one eye worse than the other? 14:01a0 22 A. C-o-1-e-m-a-n, He transferred the records to 11:os:1 22 A. Yeah, the left eye is almost all gone. moan 23 Dr. Daily. I didn't want to go to Dr. Daily because I 11:os:e0 23 Q. Do you almost have no vision in the left eye? um:ti 24 heard some things about him that weren't nice. And so Dr. 031:1 24 A. About half of it's gone. 1:03:20 25 Schindler used to be in with Dr. Rife, so I decided I'd go 1:1:1 25 Q. Has that the case about the time this Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or £ast£ngers@aol.com 22 23 wos:n 1 happened as well? u:u:al I antidepressant medicine for a while and another something uasao 2 A. Yes, and both of them have gotten real bad, woav 2 he gave me for a while. He helped me. But it was a great u:os:c 3 and now I'm legally blind, 116,: 3 adjustment to have to move in here. It was a great 11:0:11 4 Q. I saw a letter from Dr. Schindler, a to whom 11:x: 4 adjustment. 11:05:11 5 it may concern letter. That was in 1999. Who was that 11:07: S Q. Is that improving? 11ms:s1 6 letter to? Do you know who he was addressing that to? 11:m:c 6 A. I'm getting better but it's still -- itt 11:001 7 A. I guess Internal Revenue. , s 11:01al 7 still quite a -- 11:06:o: 8 Q. Okay, okay. Did the eyesight have anything 11:01:1: 8 Q. I'm sorry, I didn't mean to -- iuwi 9 to do with not driving any more, not able to drive or your 11:01:11 9 A. I've always been kind of a loner. I don't 1e01:14 10 not having a license or anything? a0as0 10 like big crowds of people. I found the atmosphere in here 11:05:15 11 A. I have a valid license now that's good until 11:01:1; It with all these old people in wheelchairs and walkers, I 11A6:1o 12 1994 -- I mean 2004. But I sold my car because I can no 11:c1:c 12 found the atmosphere very depressing, I've just had a 11:01:76 13 longer see to drive and I'm too shaky. I'm too shaky, ' woaol 13 hard time adjusting, but I'm getting better. I'm doing 11:0s:m 14 I m so trembly. I'd be a menace behind the wheel. I 1em:;1 14 better. 11:ma; 15 wouldn't even attempt to drive, I sold my car. u:v:? 15 Q. Do you have friends that visit you here? 11:06:10 16 Q. There's reference to a Dr. Moola. He's a 11:ma: 16 A. Yes. 11:u:u 17 medical doctor. And you saw him after this accident? 11:01:12 17 Q. I would imagine that living in Camp Hill for 11:06:16 18 A. Yes, I did. mow; 18 35, 40 years, you developed a few friends. 11:06:11 19 Q. Can you briefly tell me why you wanted -- why 11:01:6 19 A. The only thing is all my friends have died. 11:os:so 20 you saw him and who told you to go to him? 11:01:1; 20 You're getting 90 years old, everybody's dead. I used to 11:06:51 21 A. Because I was in the depth of despair when I 11:01:11 21 be an avid bridge player. All my bridge players have 11:01:00 22 moved in here. The doctor felt that I needed some 11:o1:1o 22 died. I've given up bridge now because I don't see very 11:0,:01 23 psychiatric help. 11:06:11 23 well and it makes me nervous, so I quit trying to play 11:m:o6 24 Q. Did Moola help you? 24 bridge. 1nm:10 25 A. Yes, he did, he did. I took some 11:01:x; 25 Q. How about church services? 24 11:01:17 1 A. Well, now, I've always gone to church, but 11:wo 2 the last couple of weeks I haven't gone to church. um:so 3 Q. What church did you belong to? 11:01:57 4 A. I go to Camp Hill United Methodist. It's a 11:m:s; 5 wonderful church and I miss it. But I ride the bus and I n:m:m 6 take my walker. But they have a ramp. When I -- iwm6 7 sometimes I'm so shaky going up the ramp. And when I come 11:omo 8 out of the church, if the sun is shining, I can't see a 11:m:n 9 thing. I just can't see anything. Then in the church, I 11:mao 10 can't see too well, the program. So I've decided it's 11:o5a1 11 just too much effort. 11:01:76 12 Q, Does the bus come to here at Bethany Village? 1eomo 13 A. And takes me right to church. 11:06x7 14 Q. Can you also go other places on the bus, like lanai 15 the mall or -- 11:m:s6 16 A. Yeah, but I don't have to rely on the bus 11:0:10 17 because my sister-in-law comes and takes me to the store 11:01:11 18 and to the places that I want to know. I'd say she's my 11:o5:11 19 guardian angel. I don't know what I'd do without her, 11:01:57 20 Q. Have you had any problems with falling and u:omi 21 injuring yourself since this time? 11a0:oo 22 A. Yes, I fell. I had a terrible fall down in 11:1o:u 23 the dining room some month ago. That's why I found out oo:m 14 what good bones I had because I thought surely I must have 110:17 25 broken my hip or my pelvis. I ielt like somebody picked 25 11:1o:1; 1 me up and threw me on the floor, I just lost my balance. 11:10:77 2 I don't know if there was something sticky on the floor or 11110:11 3 what. But anyway, I fell, kerplunk. When they took me to 14:10:;; 4 the hospital and x-rayed me, I didn't have any broken 14nmao 5 bones. 11:100: 6 Q. Did you cut yourself? 11:n:n 7 A. I made a big knot on my head and that bled, u:we1 8 I didn't have any broken bones but I felt like a truck had 11:1o:u 9 ran over me for a few days. Nothing like the other 1uo:1; 10 accident, but I was still kind of sore and stowed up for a icimD 11 few days. But I know I've got good bones to take a fall 11am11 12 like that. 11:1ms1 13 Q. Have you ever needed to be on any u:ms6 14 antidepressant type of medication before? 11:11:07 15 A. No, not -- I never thought about a 1ou:o; 16 psychiatrist. 16:11:0 17 Q. Did your family doctor ever prescribe any 11:11:10 18 kind of antidepressive medication before this? 14:11:14 19 A. No, no. 11:11:11 20 Q. Were you taking any medication on the day 11:11:70 21 that this happened? 11:11:77 22 A. My usual. I take a Lopressor for my blood 11:11:76 23 pressure, and one aspirin, and a little Neptazane pill for 11:11:1; 24 my glaucoma, and three kinds of eye drops, and a Nitro 11:u:m 25 patch for my heart. That's all. I've had that -- I do Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com i3 n ?4 11:u:n 1 that every day, so it's not unusual. 26 u::ial I . 27 then when he was living, sometimes I went alone w11:1 2 Q. You've been taking those for r. long time? ai n:s3 2 . Q. Now often would you go to the library? 11:11:52 3 A. For years and years, yes. 3 A. Oh, I don't know. Because I always got 11:1NO 4 Q. Can I take a break 4 several books at a time. I don't know how often I went u:um 5 A. Sure. mu:c; S . I have no idea how often I went. 11:12:61 6 Q. -- and talk to Lori for a minute and then 11::::06 6 Q. When you would go shopping or out of your u:u:m 7 come back. 14::::14 7 house generally, would you typically go by yourself or If: 12: Of 8 A. Sure, sure, m::e! 8 would you -- 11:71:00 9 (Recess.) 102:16 9 A. I was usually by myself. When my husband n:n:oi 10 By MR. SHIPMAN: a:n:11 10 lived, I was with him. I told you, I'm a loner. Most of 14:71:04 it Q. I have a couple more questions about the day 11:0122 11 the time I was by myself, When I went places, to parties, 1101:01 12 of the accident. I assume you had been to the library 11x2::; 12 I was usually by myself. Of course, unless it was 21x1:16 13 many times before. Is that correct? 1,:72:!3 11 nighttime and then I would be with somebody. But when my 11:21:20 14 A. Yes. 11x201 14 husband was living, we were always together, And he died 11:71x0 15 Q. And did you always drive to the library? 11:21:11 15 in '96, you see, and this happened in '98. So, I wasn't a 101O1 16 A. Yes. 14:22:11 16 widow very long before this happened, So it wasn't very 11:21:21 17 Q. Did you always go alone or did you sometimes 11:22:11 17 long, you know, that I didn't have him, We were always umxl IS go with other people? a:u:52 18 together. We never were separated. He went to the store :21:10 19 A. Most of the time I went alone, 11:22:ss 19 with me and I picked out the groceries and he paid the mom 20 Q. Were there other times that a friend or a 11:2!:r! 20 bill. uxm6 21 family member went along with you? u:2im2 21 Q. Was there a particular distance that you 11:21:10 22 A. I don't think so. Now, when my husband was ux1:a; 22 would walk or a distance -- 11:21:11 23 living, we went together. 21:x!:10 23 A. No, we used to walk a lot together when we 21:0:21 24 Q. After your husband's -- 21:001 24 could walk. I used to love to walk, Now I can't walk. 1101:16 25 A. After my husband died, I went alone, And 71:23:1; 25 But I used to love to walk. We walked a lot. I loved to 28 !tnn 1 walk. 11:23:22 2 Q. When you went to the library on this 21x3:21 3 particular day, you told me that you had in one hand your 11x1x5 4 purse and the other hand you had a book? 21:23:10 5 A. A bag of books. 6 Q. A bag of books? 21:23:12 1 A. I had a little bag that my sister had made, 11x1:30 8 embroidered. It was beautiful. I still have it, I guess. 11m:a 9 It was nice to carry several books in. I had it on one u:o:11 10 arm and then I had my purse on the other. I'm pretty sure 11x3:50 11 it was this way and this way. 101:52 12 Q. Were you having any difficulty carrying 2tms313 those? 11:23:56 14 A. No, I wasn't having any difficulty at all. I 11:as1 15 was merrily walking up the driveway to go to the library u:a:o2 16 and I was almost to the library, I wasn't having any n21:o6 17 difficulty. I just walked up to the library and I looked 14x1:01 18 around and saw the car and I stepped aside and that car 11x1:2 19 banged into me. And that's the story. And that's the way 11xt i 20 it was. That's the way it was. 11x1:16 21 Q. I just want to ask you again about the car 11am1 22 banging into you. Do you have a recollection of my max) 23 client's car actually striking you, impacting you? 1101:0 24 A. Very, very much so, Here comes this big car 11x1:1 25 banging right into me. 29 21x:16 1 Q. What part of your body did it strike? 1724:10 2 A. My whole left side. It hit the whole left 11xtu 3 side and knocked me down. In fact -- 11a4:15 4 Q. When it knocked you down, did the car stop? 11:24:50 5 A. Now, she kept coming. She kept coming and 14x1:w 6 coming and coming and everybody was screaming and I was 11:2711 7 being pushed all the way across, all the way across the 11x5:0 8 driveway. If this happened here and I ended up on the 11:n:o1 9 other side of the driveway with my head almost to the axs:610 door. 14:25:01 11 Q. Okay. So your head was almost up by the 11:25:10 12 doorway? 11:25:10 13 A. Yes, almost by the -- she pushed me. But 1125x1 14 finally she stopped because if I hadn't had my hands on 11x5:! 15 the bumper, the car would have run over me, I would have 14x5x0 16 been under the automobile. 13:25:22 11 Q. You weren't under it, though? x1 18 A. No, because I had my hands on the bumper, Hasa; 19 see. As the car moved, I moved, I kept moving. 11xs:0 20 Q. So you're moving back -- 11:11:32 21 A. But finally she stopped and she got out of 11x5:31 22 the car and I heard her say, oh, I'm so sorry. I have no 11as:11 23 idea what she looked like. I just heard her say oh, I'm 11:15:11 24 so sorry, which I'm sure she was. I know she was. I 11x5:6 25 could imagine how I would have felt. She just didn't hear Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or £astfngers8aol.eom 11:2':11 30 31 1 all this screaming and hollering that everybody was doing, u:n:l: 1 through. And when I stepped aside, that's when the car -- u:N$! 2 including me. u:nnt 2 Q. When you stepped aside -- 3 Q. Was it a bright sunny day? u:nn. 3 A. I stepped aside. wu:?1 4 A. Bright sunny day, early in the afternoon. A 11:23:11 4 Q. Did you step towards the parked cars? 11:n:w 5 bright sunny day. wa::: 5 A. Towards the cars. And that's just as I 11:a:oo 6 Q. The fact that it was a bright sunny day, did 11::,::1 6 stepped aside is when the car came and banged right into 11x1:02 7 that cause you to have difficulty seeing? 11:n::, 7 me. What a surprise. What a surprise, All those cars 14721:01 8 A. No, I had no difficulty seeing at all. It's iaa:11 8 were sitting there and I just assumed they were going to 11:2':01 9 only when I face right into the sun. Now, if I would have n:J1 9 still sit there, I guess, but they didn't. That's the way 11x011 10 been facing right into the sun -- of course, then my eyes 11:21:12 10 it was. That's the way it was. 11:&11 11 were a whole lot better than they are right now. I wasn't 11:27:6 11 Q. You testified that your daughter came and she 11:am 12 blinded by the sun like I am now. That I didn't have as 11a2:o 12 spent some time with you -- 1aa:n 13 much trouble with. But I had no trouble with the vision n:v:5o 13 A. Two months. 11:T:S 14 then. Except when I had my cataract operations, Dr, Rife 11:mw 14 Q. -- after the accident. Did she or her 1,:200 15 did not do implants on me, my lens in my glasses, so that 11:2+:56 15 husband offer to have you come to Wisconsin to live with 11:2':0 16 1 don't have as much peripheral vision as a person who has !1:a:oo 16 them or near them after this accident? Have they ever 11:26:10 17 had implants. Hy peripheral vision is limited and it 11:26:02 17 done that? 14:101 18 always was since the operation. I have -- 1 see better 11:21:01 18 A. They wanted me to come but I wasn't about to 11:21:11 19 straight ahead. But there was no limit to my -- I had as 11:21:06 19 go live with them. 11:31:27 20 good a visibility as I could possibly have had. I,:a:oe 20 Q. Why would you not want to do that? 21x':56 21 It was a bright sunny day, perfectly clear n:a:1o 21 A. Well, I don't want to go live with my 11m:oo 22 and I could see, and I could see the car coming. You 11:21:21 22 daughter. What are you talking about, going and living 11:22:02 23 can't tell how fast they're going. The car, I guess, 11:21:16 23 with my daughter. I wouldn't think of going and living 11:n:o1 24 stopped, but I didn't know it was going to stop. I just 110en6 24 with her and ruin her life, no way. No way, I would not !1w2:1o 25 automatically stepped aside in case they wanted to go 11x6:21 25 go live with her. 32 33 1 Q. Has she come -- ' 11:2x:1 ; I wonderful, their 90-year-old grandmother getting a 11:21:21 2 A. They ve moved to Tennessee. They now live in 11:2,:so 2 speeding ticket. That was such a lively little old car 11:21:0 3 Clarksville, Tennessee. And they now have a lovely home 109:51 3 . I didn't realize the cop was behind me and I was sailin 11:2:w 4 down there and they would love to have me come. But I'm 11:2s:so 4 , g down the Carlisle Pike. But that was before the accident 11:21:31 5 not about to go, I'm not going to go and mess up their 11:3om1 5 , you see. 11:11:31 6 lives. I'm independent and I'll stay that way. 11:0:06 6 Q. Had you -- 1&21:11 7 Q. Was your driving ever a concern of hers? 11:m:aa 7 A. That was before I fell apart, 11:21:50 8 A. No. 103001 B Q. I know that you never gave any consideration 1021:52 9 Q. That you should not drive at all before this 11:30:0 9 to moving before. Did your sister or your friends or 11:21:51 10 accident? 11:10:20 10 family members, did they ever have any discussion with you 11x1:56 11 A. No, she knows that I couldn't. She knows u:so:a Il before this happened about moving? 21:25:00 12 that I wouldn't even try. 11:!0:21 12 A. Hy sister died years ago. 14:21:02 13 Q. Now you wouldn't? 11:3s:sc 13 Q. I mean your daughter. Had your daughter or 14:2x:02 14 A. Yes. 400:31 14 anybody else -- 11:25401 15 Q. I mean before this accident, was this ever a 11:10:16 15 A. No. 11:0:01 16 concern of hers? 1130:31 16 Q. Nobody ever had a concern that you should 14 :PM 17 A. No. I had to buy a new car a couple years !110:36 17 consider moving to a place like this? 11:2sa1 IS before this happened. I didn't want to buy a new car at loo:12 18 A. No, because they all knew I was perfectly 114040 19 my age but the car I had was driving me nuts because it 11:10:6 19 happy and everything was fine. All was well, so there 11:26:22 20 kept breaking down on me and not wanting to start when I 11:soao 20 wasn't any need to talk about it. We didn't need to think 11:040 21 wanted it, and stopping in the middle of traffic and all 11:10:52 21 about it. I didn't even think about being old. But, oh 11:27:0 22 that. So I finally got rid of it. I bought this little 11:'0:56 22 boy, I got old. 21:n:1o 23 Neon. I just loved that little old car. And it was so 11:n:o2 23 MR. SHIPNAN: I think those are all the 11:ad1 24 lively. Darned if I didn't get a ticket for speeding. 11:31:01 24 questions I have for you today. I appreciate your 11:2s:1o 25 Well, my grandchildren had a ball. They thought that was 11:n:01 25 answering my questions for me. Central Pennsylvania court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com '34 35 1101310 l THE DEPONENT: Well, I just told you the way 1Jr.o I several months. 10111 2 it was. That's all I can tell you, that I just know I 10111 2 Q. And all your life you have been an 11:31:11 3 went through H-E double L. And I'll say ever since then, 11:2:51 3 independent, self-sufficient lady? 1:1111 4 it's been downhill. 1102:51 4 A. Yes. 10116 5 BY HR. COYNE: 14:32 :9 5 Q. As a result of this impact, your life has 1:111 6 Q. I have a couple questions just to amplify a 1403:01 6 considerably been affected? 1e111 7 little bit of the answers that you gave to Hr. Shipman. 14:3:06 7 A. I'd say it's been downhill ever since. 1:1at 8 Do I gather from your testimony, Mrs, Aungst, that if you 1:1:10 8 HR. COYNE: Thank you, That's all I have, 11:1:1 9 didn't have this impact, this injury, you most likely 1:1:11 9 HR, SHIPHAN: Thank you. 103:1 10 still would be living in the D'Agostino's apartments? 11:31:2 10 THE DEPONENT: You're welcome, 1:1:1 11 A. Absolutely, That's where I would have been 11 (Whereupon, the deposition was concluded at iiom6 12 still driving my little old automobile. But I wouldn't 12 2:33 p.m.) 11:31:11 13 get any more speeding tickets. I learned my lesson. It's 13 1:1:11 14 kind of expensive. 14 1:31:51 15 Q. Is it true that as a result of the injury to 15 11:31:1 16 your right shoulder, you still don't have full use of it? 16 1:1:01 17 A. No, I don't, Even though I take exercises 17 u:2:o6 18 every day, I still don't have the full use of that arm. 18 54:32:01 19 Q. Is it true that as a result of this impact, 19 u:1:11 20 you began to -- you lacked the ability to see and you had 20 1:32:1e 21 to give up driving? 21 110::10 22 A. Right. 22 1:2:11 23 Q. And you're no longer under the care of Dr. 23 11200 24 Hoola? 24 11:111 25 A. That's right, no. I only went to him for 25 1 36 1 C011MONWEALTH OF PENNSYLVANIA 1 2 1 55. 3 COUNTY OF CUMBERLAND I 4 5 I. SUSAN O'HARA. R.P.R., aCourt Reporter-Notary 6 Public authorized to admini star oaths and take depositions ] in the trial of ce uses, and having an office in Carlisle. 6 Pennsylvania, do hereby certify that the foregoing is the 9 testimony of MIRIAM C. AUNGST. 30 I further certify that before the taking 11 of said deposition the witness was duly sworn. 12 that the questions and answers were taken down in 13 stenotype by the said Reporter-Notary, approved 14 and agreed to, and afterwards reduced to computer 15 printout under the direction of said Reporter. 16 1 further certify that the proceedings and 17 evidence are contained fully and accurately in the 10 notes taken by me on the within deposition, and 19 that this copy in a correct transcript of the 20 sema. 21 In testimony whereof, I have hereunto 12 subscribed my hand this 30th day of Match, 2000. 23 21 N Mitt ?~ 25 My Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngere@aol.com A X96 Ability ' 121 ]:1 ]: IS I11 J6: 20 98 Able 111 27:15 111 22:9 1 Absolutely ll 31x1 124 Accident IJI 1:11 1: 15 7:12 1151 7:25 :1],IS I71tl::520:P:I:I 15 33:17 255::110 0 36;12 it: 1, ,2:I15 211 ]6::5 ]]:1 16 According 111 1 :12 12117:2510:11 17055 Accurately Ill 3:15 111 36:17 19 ACTION 111 ]:3 111 1:1 1909 Address 11) 1:22 111 3172 1960 Addressing 111 5:0 11) 22:6 1965 Adjusting 131 5:19 9: 9 Ill 23:13 1994 Adjustment (1) 22:12 121 23:3-6 1996 Administer 131 6:23-26 7:2 (1) 36:6 1998 Affected (3) 7410,16 -17 (1) 35:6 1999 Afternoon 111 22:5 (31 10:32-23 30:1 19th Afterwards (3) 6:23,25 7:2 Ill 36:16 1:30 Age (11 10:22 11132:19 1:35 Ago 111 1:12 121 26:23 13: 12 Agony 2 121 11:25 2000 Agreed 121 1:12 ]6 32 11 36:11 2001 Ahead Ill 36:25 Ill 30:19 2004 Aisle 111 22:12 Ill 12:6 21 Alive 111 7:16 Ill 9:5 21st Almost Ill 1:22 1101 0:9 11:0 13:5,9 21:22-23 20a6 2 3 3 29:9,11,13 : Alone 111 35;12 (1) 26:17,19,25 27:1 3 Ambulance 121 12:2 15:16 3 Amplify Ill 2:3 11) 36:6 30th Angel I l l 36:22 121 16:6 26:19 325 Answer 121 1:11 3:1 6 Ill 1:5 34 Answering Ill 2:6 (1) 33:25 35 Answers 22) 8:0 23:1 0 12136:736:12 3510 Antidepressant (11 5.19 121 23:1 25:11 4 Antidepressive 111 25:10 60 Anyway 111 23:18 11) 25:3 5J Apart Ill 13:7 3th Apartment 111 5:19 1141 1116 3:15 5:21-22 1:5,0,11,20 0: 8 3,13,15-16.20 9:3 Apartments 3 th 131 34:10 Ill 1:16 APPEARANCES 9 (11 1:16 Appr9:ciate )0 Ill 31:26 121 1:20 23: 20 Approved >0-year-old Ill 36`13 121 29:2 33: 1 April )9-4772 121 7:16 21) 1:2 Area 1x1 5:17-1e Area (2) 20:10 36:18 Army Aside 1111 11:9-10 13:13,11-15 l 1:1-1,6 Aspirin 111 25: 2J Assume 131 12:16,21 26:12 Assumed 121 13:25 31:6 Atmosphere 121 23:10,12 Attempt 111 22:15 Attention (1) 11:2 Attorney 121 3:17 1:10 August I11 5:19 Aungst 1111 1:1.9 2:3 3:6,11,16 31:6 36:9 Authorized Ill 36:6 Automatically (11 30:25 Automobile Ill 11:6,11 29:16 31:12 Avid Ill 21:17 Awful PI 20:1 Awhile 16:11 B Ill 25;22 zone 30:25 Blue 11114:10 Body Ill 11:11, 23 19:15 20:3' 2911 Bone 161 13:25 11:11,23 18:19 10111:15-16,15 21:21 25:5,9,31 Book Ill M4 Books 101 II:S 12;15,19,21 37:6 28:$-6,9 Born Ill 6;2 Bought III 32:22 Boy ?l 23:22 1 9176.26 Brace Ill 17:22 12) 11:10 13:20 Bad (5) 12:21 20:13 22:2 Bag 161 11:5 20:5-7 Balance 111 25:1 Ball (11 32:25 Balloon (1) 16:15 Banged (21 20:19 31:6 Banging 121 28:22,25 Basket (2) 10:13 17:21 Battered 111 11:16 Beat I13 20:2 Beautiful (21 10:23 20:8 Began (31 13:21 15:12 16:20 Beginning ( 11 6:18 Behind (5) 11:9 12:9.12 22:16 35:3 Belong ?1 21:5 Bethany 151 1:13 3:13 7:9.15 26:12 Better 151 23:6,13-11 30:11,18 BETTY I I 1 1:3 Between (11 3:2 Big 161 6:7 23:10 257 2626 Bill 111 27:20 Birth 111 621 Bit 13) 616 7:11 367 Bled (11 25:7 Blind I11 22:3 Blinded Ill 11:19.19 26:1 Breaking III 32:20 Bridge 11) 23:21-23,26 Briefly Ill 22:19 Bright 151 10:3-6,21 Broad-]minded 111 16:21 Broke Ill 11:19 Broken IQ 11:16 24:25 25:6,9 Brought 211 16:9 Bruised (11 11:16 Brush 211 11:2 4 PI 0;10 Hamper 131 11:11 29:15,10 Bus 111 21:5,12,11,16 Business 131 1:25 Buy (21 32:17-10 151 5;16,17 7:20 23:17 21:6 Car Care 11) 36:17 Career (1) 5:1 Carlisle RI 3116 36:7 Carolyn 1119:25 Carry (1) 29:9 Carrying Ill 28:12 Cara 191 11:10.13-16 13:25 Cartilage 121 12:21 19:19.26 Case (7) 1:23 1003 13:16 30:25 Cataract RI 21:15 30.11 Cataracts (1) 11:20 Caused 111 19:16 Causes 11) 36:7 Central 16:2 31:6-5,7'. 17:21 1h8 Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngera@aol.com Fortify IJI 36:8110,16 I11 25:6 Chance D 11111:9 _ (31 9:16 21 10:3 121 .:Il , Chase D'Agostino's 111 10:5-6 111 ]100 Checking Daily 111 21:6 ?1 20:23 21;1 Child Daily's (11 9:11 111 21:0 Church Dark 181 21125 21:1-3,5.8.9.13 Ill 14:6 CIVIL Darn 111 2:2 RI 11:9-10 Clarksville Darned 111 32:2 111 32:21 111 30:21 121 1:12 1:21 Client Daughter 111 I5:6 191 9:9-10 11125 16:10 31:11,22-23 33: Client's I3 Days 121 13:20 20:23 nl ? Ill 16: 16 35:9,11 I11 15:8 Coleman 131 20:11,20,22 Colonel (1) 517 ?I 11:10 Coming to] 11:9,12,15 29:5-6 30:22 Commission (11 36:25 111 1:1 COMMONWEALTH 111 36:1 Computer 111 36:16 Concern 161 32:5 12:7,16 31:16 Concluded I11 35:11 Ill 23:20 December (3) 6:23 7:2-3 Decided 121 20:25 21:10 Defendant 161 1:6,10,20 3:10 Ill 4 1 Denglor 151 16:3,1-9 Department 111 15:20 DEPONENT 111 2:2 7:3 31:1 35:10 111 1:9 35:11 36:11,18 Depositions 111 36:6 Depressing 111 23:12 Ill 33:17 Considerably 111 35:6 121 7:19 31:0 I11 36:17 Convalescence Ill 19:7 Cop 111 33:3 121 26:13 16:19 Correctly Ill 17:11 Counsel Ill J:3 County Ell 1:1 3:19 36:3 Couple 151 16:16 21:2 26:11 32:11 31:6 Course 1101 6:5 8:25 11a3,15 12:1 15:11 20: 12,13 27:12 30:10 Court 121 I:1 36:5 Coyne 191 1:17 2:1 1:10 6:25 7:1 10:18 31:5 35:8 Cried Ill 15:3 Crowd 111 11:20 Crowds (11 23:10 Crybaby 111 15:2 Cryo-something (1) 21:18 Cumberland (3) 1:1 3:19 16:3 Ell 22:21 Descent 111 10:2 DESCRIPTION (11 2:11 Despair 111 22:21 Details 111 10:19 PI 19:12-13 23:16 Diagonally Ill 11:2 Died 191 5:23 0:13 9:2 23:19,22 26:25 27: 11 33:12 Difficulty 161 11:15 28:12,11,17 10:1-0 Dining 111 21:21 Direction Ill 36:15 Discuss 111 1:11 Discussion 111 33:10 111 11:21 Distance (31 16:11 27:21-22 Doctor 171 19:3,5 20:13 21:5 22:11,22 25:17 Doctors 111 20:15 Ill 31:17 Door 151 11:0 13:6,9171 29170 Doorway 111 29:12 Double 111 31:3 u :U' ":r1 u:1.2o ]la 16:12 F ll- -- Downhill a : : r, X 131 19:11 111 A: 25 11: l 21:22 25: 11 Downstairs Falling 121 8:13,21 111 21:20 Dr Family 1241 1la 10:1 19;1 20:13-11:16, IP 20 : 111 25; 11 26 21 3310 , , I1-3531:1: 10, 2 14 S, ll 2);i, past 1610:1131:23 121 13 3 30 23 Drained Father 11110:12 111 6:11 Drive Favor 1101 1111 3:11 IOTA 16:6,15 22: 9, I1 III u:1 , 15 e 11:9 February Driven 111 26: 25 111 Fell Driver sr 111 151 11:20-21 21:22 25:1 33:1 ow Driveway ay Felt 191 II;5, 1r 16, IB l2a g 13:0 20:15 29:0 - IU 22:22 21 Few :25 25.8 29;25 Driving 111 23:10 25: 9,11 191 1017,10-12 21:9 12:1,19 31:12,21 Field Dropped I I I 6; 9 111 11,13 Filed Drops 111 3`19 111 25;21 Filled Drove 111 10:20 121 7:25 12:1 Finally Duly 131 29:14,21 32:22 121 3:7 16:11 Fine 111 31:19 L Finish 111 1:1 Early First 131 10:22-23 30:1 141 11:1-2 22:1,8 Effort Floor 131 21:11 111 8:15-16 25:1-2 Either Fluid Ill 21:10 131 10:20-21 Embroidered Follows 111 20:9 111 3:7 Emergency Foregoing 111 15:20 111 36:0 Empty Forgotten 111 13:25 111 18:6 End Form Ill 12:7 111 3:2 Ended Fort 121 20:1629:0 131 6:10,11-15 Entrance Poster 131 11:5 11:1.3 121 5:1 ESQUIRE Fouled 121 1:17,19 111 19:11 Eustis Fox 121 6:11-15 131 105-6 Everywhere Free 111 11:19 111 1:12 Evidence Friend Ell 36;17 111 26:20 Exactly Friends 111 1:8 111 21:15,18-19 11:9 EXAMINATION Front 111 2:2 111 13:10 Except Full 121 3:3 30:11 161 3:9 13:8 19:20,23 34:16,10 Excruciating Fully PI II:22 111 36:17 Exercises 111 31:17 G EXHIBITS 111 2:13 Gather Expensive 111 31:8 11 1 34 Gathers Eire 1 1 1 l 11l 1 36 36::25 2s Generally Eye 121 20:7 27:7 161 20:13 21:16,21-23 25:21 Geriatric Eyes 111 9:1 161 15:1 20:10 21:6,11,19 30:10 Given Eyesight I11 23: 22 111 22:0 Glanced 11 11:8 F Glasses 111 30:15 Face Glaucoma Ill 30:9 111 20:11,13 21:6 25:21 Facility God Ill 6:7 111 11119 Facing GOLDBERG 111 30:10 111 1219 Fact G oodness Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngera8aol.com • 4 121 12:1 le:] Fraduall II:I sa 1LZ5 l::I I':lZJ 71,:14 14:14 :33x13 Iq S: 24 y Il 1 , Knee Lost 0:10 l Horrible " III 25:1 a Grandchildren III 16:9 [121 12:x1 13:1 16:13-14.20 19:1,1,7. 1 Love 111 ]2: zs Hospital Knocked nl 77.24-25 Jz;l Granddaughter I I 9:2 IS: u. n. 1?. 21 16:1 14:11. l4 ul 19146 z'§]-4 Loved 111 17:2 Grandmother s a z House Knot I}i 27:2s 32::3 Ill J];l III 17:7 111 25:7 Lovely Great Houston ) III 3 32 121 23:2-J 111 17:2 6:6 (1) 6 Luck k ily G Hum Knows 11111:25 roceries 111 27:19 111 9:20 111 21a9 3.1:11 M Ground Hurt L Madeliee 121 15:10 20:19 171 11:21 lUl] 15:1.11-12 16:0 11:1 4 I 16 ] ° Groups Hurts Lacked 1 ' Main 111 11:23 111 13335 11:22-23 111 11:20 111 1x`11 Guardian Husband Lady Mall 121 16:1 21;1? 01 6:E2 611E 16:21 24:22 1,$5 2):9,11 IS1 7:25 11:22 15:0 20:5 ]5:] 111 24:15 Guess 31;15 Husband's Landlady J 161 13:12 19:23 22:7 20:6 30:23 31:9 I I 0:3 9:1.6 111 16116 G11 121 4:25 21;11 Langley M III 6;9 a filets 11 6:25 T 1 10:1 Laser Ma H Ide 121 21 7 rch a :1 131 1:12 31 22 Half 141 14:22 10:16 27:5 29:23 Last : Harried ul 21:24 Imagine 121 lan 21:2 [1) 8:12 Hall 121 23:17 29:25 Late Mean n IJI x0. x3 Immediate] Y 111 4:25 111 hat Tl:e u 14114 to flallock 111 14:15 Law rg M6ChSRloabu Ill 19:4 Impact 141 1;3 11:24 15:25 26:17 16:4 131 1'16 1 Hand (4) 19:16 34:9,19 35:5 Lawsuit l Medical 2111 11:6.11 12:15,11,19,21 28:3-4 36: Impacting 111 3: 19 1 1 33:{) 22 Ill 23 Learned Medication Hands Implants 111 14:13 171 11:17 12:16,22 13:1 29:14,10 121 ]0:15,17 Left i]I 8:14.18, 20 Medicine Happy Important 1111 12: 19, 24 16:1310:14 19:1,11 21: 111 23:1 141 0:3.5-6 33:19 111 4:3 22-23 29;2 Meet Hard Improved Legally (11 2]:13 111 19:1 Ill 22:3 L h 111 3:32 Meeting Harrisburg Improving engt 1 121 3:17 5:10 111 23:5 (11 13:11 1 3:21 1 Member Head Incidental Lena 151 8:17,23 25:7 29;9.11 Ili 19:19 111 30:15 111 26:21 Members Heal Incidentally Leeson 111 111:3 (11 19:25 III 111 c Health Including er Letter o Monaco 111 20:7 111 30:2 Ill Healthy Independent Libra Library ?' Mentioned 111 20:9 Izl 32:6 35:3 Ill) :31Q5 12:1,) 26:12,]5 z># 211: 121 m:7 ls:zz Hear INDEX 2115-Ij Merrily 121 10:20 29:25 121 2:1,13 License Ill 39:15 Heard Inflamed 33:1°-11 Mass 211 6:4 20:31 29:22-23 111 10:19 Life 151 11:11 11:11 11;24 35:5 5 111 Methodist t Heart Information , Lightly 1 It 11 24:114 ( 11 25:25 111 30:10 131 10:7-9 Middle Heavens Injuring Likely Ill 3}:x1 111 13:24 111 24:21 111 34:9 Military Held Injury Limit 1]I 9,12 01 11:14 161 19:1]-15,17 ]19.15 M a Milwaukee Help Instead ted Limite 20 (2) 22:23-24 111 4:7 111 39:1> Mine e Helped Internal Limp 111 0:21 111 23:2 111 22:7 121 14:2313:z Minute HENRY Italian Line Ill 96:6 Ill 1:17 111 10:2 III 72:9 Miriam Hereby J Listen 161 1:1.9 3:3 3:6.11 36:9 111 3:2 ]6:11 01 :3 Mies Hereunto Janet Litton 111 11:5 Ill 36:21 151 0:11,20 9:5,4,6 I21 17:7 16:4 Monroe Hill Janet' a Live (11 1:10 (5) 5:14,1) 7:30 23:17 24:4 ill 6:25 161 16:19 33:15,19,31 25 33:2 Month Hip January , Lived 131 16:2,5 24:23 121 14 :16 24:25 111 21:5 161 5:22-23 0:0,21 10:5 27:10 Months History Jeff Lively 141 1514 16:23 31:13 3514 Ill 21:6 Ill ]:I6 (21 32:24 ]]:2 H°ola Hit JEFFERSON Lives PI 22:16,34 31:24 121 14:11 29:2 111 1:19 26) 9:17-1e 16:3,20 17:2 32:6 Most No JURY Living 131 26:19 27:10 34:9 ' 131 12:2 111 1:1 1101 5:13,15 11:21 23:17 26:23 27:1, 1 10 Mother Hold K 4 31;22-23 34:10 121 9:21,25 121 12:34 14;4 Location Mother's Holding KATEMM 117 1:13 111 9:3 01 11:17 12:13 13J Ill 1:19 Loner Move Hole Kept 121 23:9 27:10 (101 5:17 7:1,14 9:1 10:16 14:24 15, fit 20:19 151 11:12 29:5,19 32:20 Looked 15 23:3 Hollering Korplunk 171 0:19 14:4 15:0,10 19:5 29:17 39:23 Moved 111 30:1 111 25:3 Lopressor 112 1 5:19,23 9:12,21 9:3 17:3-4 22122 Holy Kind 111 25122 1 399 33:3 III 15:17 1)1 6:9,11 50:12 23:9 25:10,111 31:14 Lori Moves Home Kinds III 26:6 01 11:3 Movies Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngera8aol.com 1120,24 x:5-4 9:7 2W 11,-:0 11 :9. -A1 0 1 121 21:113,14 O i 1 1 perat on Musante I l 1 10:10 131 9:2510:2 Operations Muscle 121 21:16 10:14 121 16:16,23 Opportunity Must 111 3' 22 (2) 150 26;26 Originally 111 5 25 N Ort Name l2l 1:3 1:10 ' 1:9,16 6:25 x:9 9;11 10:1 14::-3 Ort a 111 13:20 Naames Overnight 111 9: 2z 111 7:26 NAVY Own Ill 6:10 111 10:0 Near Owner 131 10:5-6 31:16 111 0:9 Necessary (11 17:1 P UI 13:5 33:20 P.m. Needed 111 1: 12 121 22:22 25:13 PAGE Neighbors 121 2:2, 16 Ill 9;6 Paid Neon 111 27:19 Ill 32;23 Pain Neptazane 151 16:22 15:6 10:7 19121,26 111 25:23 Park Nervous I l l 11:1 111 23:23 Parked Never (5) 10:25 12:6,10 13:10 31:6 Pll L21-20 11:11,25 10:13 19:23 25: Part 15 27:10 33:0 PI 10:3 29:1 Now Particular 161 19:10 32:17-111 121 27:21 26:3 Newport Parties 111 6:2 111 27:11 News Party 111 6:2 111 3:10 Next Pass 121 15:12,16 111 6:22 Nice Passed 161 0:6 16:25 20:20 20:9 111 7:6 N:Lckis Past 131 9:13 16:5 21:6 121 11:7 21:5 Night Patch 111 16:15 111 25:25 Nighttime Paying 121 27:13 Ill 10:2 Nitro Pelvis 111 25:26 121 10:19 20:25 Nobody Peninsula Ill 33:16 111 6:21 None Pennsylvania Ill 2:15 171 111,16 3.15 5:10 9:19 36:1.0 Norfolk People 111 6:11 151 11:19 13:13 23:10-11 26:10 Notary Perfectly ?1 1:11 36:13,26 101 0:5-6 30:21 33:10 Notes Peripheral 111 36:16 121 30:16-31 Nothing Person 111 25:9 Ill 30:16 Number Philadelphia 111 7:12 151 5:12,16 6 17 10:6 Nuts Physical 111 32:19 III 19:15 Picked O 121 26:25 27:19 O'Hara Pike 121 l:ll 36:5 Ill 33:0 Oaths Pill 111 36:6 111 25:21 Objections Place (1) 3:3 131 6;0 11:2 33:17 Offer Places Ill 31:15 131 20:16,10 27:11 Office Plaintiff Ill 36:7 121 1:1,10 Often Play 151 9:21 10:1 21:2.1-5 111 23:23 Player Old 1151 1:11,20 7:21,23 16:17 20:6-5 23: Ell 23:21 Pl 11,10 3::23 ]]:x,3142 36:1: ayers One 111 °3'21 1261 6:20,22,26 9n1 11:6,23 13:15 11: PLEAS 10 10:12 21:3.12,21 25:23 20:3.9 111 1:1 Plenty Ill 16:16 PM (11 15:1: Point Ill 5:11 Police Ill 12:2 Polyclinic Ill '3:2 Possibly 111 30:20 Prescribe Ill 25:11 Pressure 111 x5:21 Pretty (1120:10 Principal 121 19:13-16 Printout 111 16:15 Probable Iq Is:23 Problem 121 10:12 19:9 Problems 121 19:15 26:20 Proceedings I11 36:16 Professional Ill 1:11 Program III 26:10 Psychiatric 111 22:x1 Psychiatrist 111 25:16 Public PI 1:11 36:6,26 Pulled 121 11:2,6 Purpose III 1:21 Purse 171 Ilia 12:15,17-19.21 20:6,10 Pushed 161 11:15,17 29:7,11 Put (11 17:11 101 3:23 6:6 20:6 26:11 33:26-25 36:6 36:12 Quickly Ill 10:3 Quit Ill 23:23 Quite 111 22:7 R (21 21:6-0 Ran 121 16:12 25:9 Rather Ill 8:23 Ready Ill 13:6 Real 111 22:2 Realize Ill n:3 Really 161 7:22 9:6 169 15:12 Reared 111 6:2 Reason 161 6:11.16 0:-4 9:7 10:15 Recess 121 26:9 Recollection 121 17:7 23:22 Recommend 131 19:3.6-7 Recommended 111 20:16 Records (al 17.6,25 16:11 19:5 20:22 21:6-5,1 Reduced 111 36:16 Reference 111 22:16 Referred 111 13:19 Region BE 5:10 Registered Ill 1:11 Relative 111 15:23 Relief III Mal Rely (1) 26:16 161 10120 16:6 15:5,16,16-19,21 Repercussions 12) 20:3 Replacement 121 19:6,1 Reporter (61 1:11 20:21 36:13,15 Reporter-Notary 121 26:5,13 Represent Ill 3310 Reserved 111 3:6 Response 111 135 Rest Ill Zan Result 161 13:1 36:15,19 35:5 Retina Ill 21:10 Retire Ill 5:6 Retired 191 5:9,11 16:22.26 20:16-15,20 Revenue Ill 22:7 Rid 111 32:22 Ride Ill 31:5 Rife (6) 20:16,25 21:16-15,17 30:16 Riggins 121 9:13,15 Road 131 6:11 11:32 16:12 Rockledge 111 10:5 Room 111 21:23 RPR 111 36:5 Rubbing 111 19:19 Ruin 111 31:26 Run 121 11:16 29.15 111 33:3 Saw (5) 13:13 22:1,17.20 20:10 Scene (11 15:6 Schindler 191 20:17-16,25 21:1,7,10,12 22:1 Screaming 121 29:6 1031 Second 121 11315-16 Section 111 9:1 Security 111 16:23 See 9:20 10:16 12:19,21 1617,9 13 22:22 26:9-10 27115 291 2 A:5 34:20 S.encrai rennayivanaa court xeportang Services 717-258-3657 or 800-863-3657 or fastfngera8aol.com • PI 30:7-B Seldom III 9:20 Self-sufficient ?1 15:3 Sell Ill 10:15 Sent 11 15:13 Separated ll 23:10 September 121 4:22 7:10 Service 111 5:2 Services 111 2]:25 Several 131 27:4 20.9 35:1 Shaky 141 10:11 22:13 24:7 Shining OI 24:8 Shipman 1101 1:19 2:3 3:0,17 7:1 26:10 31:21 34:7 35:9 Shock 111 14:8 Shopping 111 27:6 Shore Ill 10:21 Shortly 111 17:15 121 12:25 18:22 Shoulder 1101 11:21 14:19 17:9,12 10:1 19:17, 20-21,25 34:16 Showed 231 8:20-21 19:18 Side 151 14:20-21 29:2-3,9 Sister (6) 11:26 15:25 24:17 280 33:9,12 Sister-in-law (3) 11:26 15:25 24:17 Sit (1) 31:9 Sitting 111 31:8 Slight (21 12:23 13:2 S111 11:15 11:2-3 ocial 111 16:22 Sold 121 22:12,15 Someone 111 15:23 Sometimes 121 24:7 26:17 37:1 Soon 111 15:25 Sore 111 25:10 Sorry 131 23:8 29:12,24 Space 121 11:1 12:B Speaking 111 15:6 Speeding (31 32:26 33:2 36:13 Spell 131 10:1 16:7 20:21 Spent 131 6:13 16:15 31:12 Spirit 111 15:17 Spoken Ill 4;5 S 111 S ]6:2 Start 121 4:17 32:20 Started 111 12:9 Sta .11 11:1-.l y I31 I'M 17:1 Terrible Stayed 141 15:11 20:1.3 21:12 151 1:5 11:24 15:1 26:1 17 Testified . Stenotype (2) 3:7 31:11 I I I 16:1J Testimony Step IQ 2:1 34:0 36:9,21 I I I 31:1 They I ve Stepdaughter 111 32.2 13 1 Three 1 :17,23,11 [1) 25:24 Stepped Threw ;121 31:9-18 17:14 15.15 I1:] zBaw 111 25:1 IW25 31:1-J,4 Stepson Ticket 141 9:16,21-22.24 121 32:24 32:2 Sticky Tickets III 25:2 Ill 34:13 Still Today 11w1 9:5-6 10:10 13:12 19:19,21-22 31 ; 151 3:10,21 4:4,10 ]]:26 8 23:6-7 15:10 29:B 31:9 ]110,12,16 Together , IB 211 26:23 27:16,18,23 Stipulated Took (1) 3:2 191 1326 15:23 16:6,14,16 14:1-B 21; STIPULATION 25 25:3 111 3:1 Total Stop 121 10:13 14:25 UI 10:10 29:1 30:21 Towards Stopped 121 31:6-5 141 10:12 29171,21 30:21 Traffic Stopping 111 32:21 121 13:12 32:21 Transcribing Store 111 4:l 121 24:17 27:18 Transcript Stories (1) 36:19 Ill 6:19 Transferred Story 211 20:32 (11 28:19 Transportation Stowed 121 6:16,11 111 25:10 Trauma Straight 121 2017,12 (1) 30:19 Treated Street 121 15:19 17:7 111 5:30 Trembly Strike 111 22:14 (1) 29:1 Trial Striking (3) 1:4 3:4 36:7 11) 38:23 Trouble Subscribed (31 17:16 30:13 [1) 36:22 Truck Substantially 111 25:1 211 lea True Suddenly 121 36:15,19 (11 20:5 Try Sun 111 32:12 111 24:1 30:9-10.12 Trying Sunny (3) 11:22 13:16 23;23 (51 30;3-6,21 Twice Sunshiny (11 21:19 111 10:23 Two Suppose 151 12:16,22 15:1 16:23 31:13 Ill 7:22 Type Supposed Ill 25:14 Ill 21:3 Typically Surely 111 27:7 111 24:24 u Surgery 111 19:1 21:17-19 Ultimately Surprise ' 121 5:6 20:16 121 31:7 Um-hum Surprised 131 9:12,11.20 111 11:11 Under Susan 151 1:14 29:16-17 31:23 36:15 (21 1:I1 36:5 Understood Sustained 111 13:1 111 19:15 United Swear 111 24:1 111 12:19 Unless Swelled 111 nag 111 18:15 Unusual Swelling (11 26:1 211 11:13 Up Sworn 1231 21:1,7,22-23 13:5,9 14:7 15:9 1B: 121 3:7 36:11 13,20 19:31 20:3,16 23:22 24:7 15:1 III 22111 Vehicle (1) 11:22 Verbal III 4:5 1:11 1:13 7:9,15 21:12 Visibility III 30:20 Vision 141 21:2] 30:13,16-17 Visit 111 2]:15 I W IUI 11:1 13:9,33 Ile-] 1]:1640,. 21;17121:24 1 27:23-is 28:1 Walked (6115:5,]-9 27:25 20:17 Walker M 24:6 Walkers 111 3]:11 Walking 261 1:1],2] 11:1,7 12:11 14:1 17:17 26;5 Walnut III 5:20 Wants 111 21:5 Watch 111 6:20 17:13 (1) 24:2 Welcome 111 35:10 Werneraville 121 9:19-19 Wesley 121 1:14 3:14 111 10124 Wheal 111 x2171 Wheelchairs (1) 23:11 Whereof 111 36121 Whole 161 14:13 16:25 20:2 29:2 30:11 RI 4:23 2]:16 Will is Ill 21:16 Williamsburg (1) 6:20 Wisconsin 171 15:1 16:5-6,10,13,19 31:1$ Witness Ill 3:6 ]6:11 Ill 14:1] Wonderful 151 9:3 9:4 16:25 24:5 33:1 Words 111 10:20 World (1) 9:7 Worse PI 20:12 21:21 Wreck Ill lo;U X 10 28:15,11 29:0.11 32:5 31:21 914 Upstairs y 111 8:23 Teeth Usual Years 111 14:34 Ill 25:22 1101 4:20 8:0 19:9 20:11 23:18,80 24 Temporary 3 32:17 13:12 Pl 18:22 V Young Tennessee ul l;a - Vacant Yourself Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers@aol.com Central Pennsylvania Court Reporting Services 717-258-3657 or 800-863-3657 or fastfngers8aol.com CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on September 5, 2000: Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-9227 Attorney for Plaintiff GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 1i Je f on J. Shipm n, Esquire A torney I.D. 51785 John R. Ninosky, Esquire Attorney I.D. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 239-9161 28970.2 Attorneys for Defendant <r ( ci SEP 0 5 2000!7, MIRIAM C. AUNGST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-9772 CIVIL TERM BETTY L. CRT, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ORDER AND NOW, this _____ day of ----------- 2000, upon consideration of Defendant's Motion in Limine and Plaintiff's response thereto, it is hereby ordered that Defendant's Motion is GRANTED. Plaintiff is hereby precluded from offering any evidence or testimony, that: Plaintiff has permanent immobility of her right arm; Plaintiff has suffered severe shock and trauma to her nervous system; Plaintiff has suffered synovitis and traumatic hemarthrosis to her left knee; Plaintiff's eyesight has been aggravated by the alleged accident so as to now be legally blind, and the alleged increased cost of living expenses associated with residing at Bethany Village. BY THE COURT: ?r SEP 0 5 2000 MIRIAM C. AUNGST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4772 CIVIL TERM BETTY L. ORT, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ORDER AND NOW, this - - day of 2000, upon consideration of Defendant's Motion in Limine and Plaintiff's response thereto, it is hereby ordered that Defendant's Motion is GRANTED. Plaintiff is hereby precluded from offering any evidence or testimony, that: Plaintiff has permanent immobility of her right arm; Plaintiff has suffered severe shock and trauma to her nervous system; Plaintiff has suffered synovitis and traumatic hemarthrosis to her left knee; Plaintiff's eyesight has been aggravated by the alleged accident so as to now be legally blind, and the alleged increased cost of living expenses associated with residing at Bethany Village. BY THE COURT: ... ... ...?_.. ?...__ .__ .. -.ri .. J,. I ??. ? 1 0 i .. .__ .vm ... •---?.w..._. .__. _ -ter iI' f. i ? ? r N CJ r ?. c Li ?? t--?, M v `` '? ?_ ff, i ?i '.??:. ?:r-. • c ?+?\ MIRIAM C. AUNGST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO.99- ,Y'7 7,;t, CIVIL TERM BETTY L. ORT, : CIVIL ACTION Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COYNE & COYNE, P.C. Dated: HE Y F. C , ESQUI 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorneys for Plaintiff MIRIAM C. AUNGST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99•`1711 CIVIL TERM BETTY L. ORT, : CIVIL ACTION Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiff, Miriam C. Aungst, by and through her attorneys, Coyne & Coyne, P.C., and avers the following in support of the within Complaint. 1. Plaintiff, Miriam C. Aungst, is an adult individual residing at 325 Wesley Drive, Apartment No. 124, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Betty L. Ort, is an adult individual residing at 2960 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On Tuesday, April 21, 1998, Defendant owned, controlled and operated a 1995 Honda Accord while in the parking lot of the West Shore Public Library, 30 North 31st Street, Camp Hill, Cumberland County, Pennsylvania. 1 4. On that date, Plaintiff was walking to the rear of Defendant's parked automobile when the Defendant struck Plaintiff and knocked her down to the ground and then Defendant continued to drive her vehicle in reverse, rolling, pushing and dragging Plaintiffs body across the parking lot of the West Shore Public Library, 30 North 31st Street, Camp Hill, Cumberland County, Pennsylvania. 5. The automobile/pedestrian collision was due solely to the negligence and carelessness of the Defendant in that (a) Defendant operated her automobile in a reckless, careless, and negligent manner; (b) Defendant failed to yield the right of way to Plaintiff, the pedestrian, in disregard of the rules of the road, the laws of Pennsylvania and the Ordinances of the Borough of Camp Hill, Cumberland County, Pennsylvania; (c) Defendant failed to give warning of her approach or intended direction; (d) Defendant operated her vehicle without regard for the existence of pedestrians lawfully upon the parking lot; (e) with the Plaintiff in full view, Defendant so carelessly and negligently operated her vehicle that it was brought into forcible and violent contact with the Plaintiff, whereby Plaintiff was forcibly knocked to the ground and then dragged for a short distance until the Defendant finally stopped her vehicle. 6. By reason of the collision, Plaintiff sustained severe injuries to the right side of her body, in the nature of a fractured right humerous resulting in severe discomfort and immobility of her right arm; right hip and pelvis pain; cuts and lacerations across her entire body; bruised right arm, right chest wall, right leg, and left leg; severe shock and trauma to her body and nervous system; and synovitis and traumatic hemarthrosis to her left knee, by reason of which she was rendered sick, sore, lame, prostrate, and disoriented, and was made to undergo great mental anguish and physical pain from which she suffered and still suffers and will continue to suffer for an indefinite time in the future. 2 7. In order to effect a cure of the aforesaid injuries, Plaintiff has been compelled to expend various large sums of money for medicine and medical attention, and she will be required to expend additional sums of money for the same purpose in the future. 8. As a result of Defendant's negligent conduct, Plaintiff was confined to her residence for a period of four (4) months and had to have the aid and assistance of her daughter, who traveled from Wisconsin to be of assistance to her mother. 9. As a residual effect of her injuries, Plaintiff is not steady on her feet; she does not have the strength and mobility to perform her normal household chores such as cleaning and cooking for herself; she experiences and continues to experience episodes of depression because her life is dramatically and seriously altered through no negligence on her part whereby she has been stripped of her independence, her strength, and her enjoyment of her normal life's pleasures. 10. By reason of the collision and Plaintiffs inability to live independently, Plaintiff was left with no choice but to take residence in Bethany Village, 235 Wesley Drive, Apartment 124, Mechanicsburg, Cumberland County, Pennsylvania, whereas prior to her injuries and the collision, Plaintiff lived comfortably and independently at her apartment at 3514 Market Street, Camp Hill, Pennsylvania. 3 WHEREFORE, Plaintiff claims damages from Defendant in an amount in excess of Twenty- five Thousand Dollars ($25,000.00), plus interest and docket costs. COYNE & COYNE, P.C. Dated HENRY F. COYNE/SQUIRE 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorneys for Plaintiff 4 yE?>?[?w?rrnar The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A. §4904. Dated: 3Z -7 - (7!2 MIRIAM C. AUNGST t l SEP URW5 MIRIAM C. AUNGST, Plaintiff V. BETTY L. ORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4772 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed, by and between Henry F. Coyne, Esquire, for Plaintiff, and Jefferson J. Shipman, Esquire, for Defendant, that subparagraph (a) of paragraph 5 only is hereby stricken and deleted from the Complaint9 . ,11.E f J ?'?' Henry F. Coy?ie, Esquire 3901 Market Street Camp Hill, PA 17011-9227 DATE: a 7 Q'9 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. Je erson T Shipman, squire 32 Market Street P.O. Box 1268 J Harrisburg, PA 17108-1268 DATE: [ G I ejj Attorneys for Defendant 29007.1 I 1 ,.. ;. _ ,:, ? ,. , , _ ,, ., s MIRIAM C. AUNGST, Plaintiff V. BETTY L. ORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4772 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE At a pretrial conference held Wednesday, August 23, 2000, before the Honorable Edward E. Guido, Judge, present for the Plaintiff was Henry F. Coyne, Esquire, and present for the Defendant was Jefferson J. Shipman, Esquire. This is a pedestrian/motor vehicle accident. The parties indicate that this will take 1 day to 1 1/2 days to try, including jury selection. Both liability and damages are contested. The parties have stipulated to the authenticity of the police report and medical and hospital records, but reserve any other objections to their admissibility. Plaintiff has added the policeman who prepared the accident report to her list of witnesses. In addition, she has added a diagram of the parking lot and photos of the parking lot to her exhibit list. Because of Plaintiff's frail physical condition, this case must be heard in Courtroom Number 5, ,yt which is the only ADA accessible courtroom. This may involve the judges switching courtrooms or a reassignment of the Hurley v. Shuss case, which is expected to take all week. Plaintiff also indicates that she will need a VCR at trial. The parties are directed to file any motions in limine with supporting authority by September 5, 2000. Any response thereto must be filed by September 8, 2000. Jury instructions shall be submitted at the commencement of the trial. If the parties wish to file a trial brief, that should also be submitted at the commencement of the trial. By the Court, Edward E. Guido, J. Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 For the Plaintiff Jefferson J. Shipman, Esquire P.O. Box 1268 Harrisburg, PA 17108 For the Defendant :mae 1. l __ _1 ? !7 Z.'. ?a .. rJ MIRIAM C. AUNGST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 99-4772 CIVIL TERM BETTY L. ORT, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED PLAINTIFF'S PRETRIAL MEMORANDUM I. Statement of Basic Facts as to Liability The Defendant, without looking to verify that no pedestrian traffic was behind her parked car, backed her car from a parking stall; she did not yield the right of way to the Plaintiff who was walking behind her vehicle. The Defendant violated the Pennsylvania Motor Vehicle Code (75 Pa. C.S.A. 3702(a)) because she did not look out for pedestrians traversing he area to the rear of her vehicle and she did not yield the right-of-way to Plaintiff. Additionally under common law of negligence, Defendant owed a duty to Plaintiff to operate her vehicle in a safe manner. Defendant violated her duty; her unsafe movement caused her vehicle to make impact with the Plaintiff, causing serious and permanent bodily injury to Plaintiff. II. Statement of Basic Facts as to Damages The Plaintiff suffered the following injuries as a result of being struck by Defendant's automobile: I. Fracture right humerous resulting in severe discomfort and permanent immobility of her right arm. 2. Pain in her right hip and pelvis. 3. Severe cuts and lacerations across her body. 4. Bruised right arm, right chest wall, right leg, and left leg. 5. Severe shock and trauma to her body and nervous system. 6. Synovitis and traumatic hemarthrosis to her left knee. 7. Aggravation of her eyesight causing Plaintiff to be legally blind. 8. Impairment of Plaintiffs ability to ambulate as the result of injuries suffered in the impact. 9. Plaintiffs increased cost of living at Bethany Village. III. Principal Issues as to Liability and Damaees I. Causal relationship between Defendant's negligent act and resulting injuries to Plaintiff. 2. Increased cost of living for Plaintiff when, as a result of her injuries, was unable to continue to live independently and now resides at Bethany Village in an assisted living status. 3. Binding instructions or motion in limine regarding Defendant's assertion that Plaintiff was comparatively negligent. IV. Legal Issues Plaintiff is willing to have this case tried by a Judge alone if Defendant concurs. 2 V. Identity of Witnesses 1. Miriam C. Aungst 2. Nikki Riggins 3. Madeline Dengler 4. Administrator at Bethany Village regarding Plaintiff's residence there. 5. Any witnesses identified in Defendant's Pretrial Memorandum. 6. Plaintiff respectfully reserves the right to supplement this list prior to trial. VI. Exhibit List 1. Medical Records 2. Hospital Records 3. Expenses to reside at Bethany Village, 325 Wesley Drive, Apt. No. 124, Camp Hill, Pa., compared to Plaintiff's independent living in an apartment at 3510 Walnut Street, Camp Hill, Pa. 4. Bethany Village Records 5. Photographs of Plaintiff's injuries. 6. Video tape of Plaintiff's injuries and "a day in Plaintiffs life". 7. Any witnesses identified in Defendant's Pretrial Memorandum. 8. Plaintiff respectfully reserves the right to supplement this list prior to trial. 3 VII. Settlement Discussions Via demand packet, dated December 23, 1998, Plaintiff sought $65,000.00. Defendant countered with an offer of $30,000.00. Dated: Respectfully submitted, COYNE & COYNE, P.C. & 94^41. Henry F. Coyne, Es ire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorneys for Plaintiff LAW OFFICES j GOLDBERO, KATZMAN & SHIPMAN, P.C. (((///???\\\ 0?ir 090 MARKET STREET' ), ?IW STRAWBERRY SQUARE P. o. box bees AU616 20 HARRISBURO, PENNSYLVANIA 17106-1268 '-?'aS.AYYVYY Jefferson J. Shipman, Esquire I.D. N: 51785 John R. Ninosky, Esquire I.D. N: 78000 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant MIRIAM C. AUNGST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-9772 CIVIL TERM BETTY L. ORT, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED DEFENDANT'S PRE-TRIAL MEMORANDUM I. Statement of Basic Facts as to Liability This matter arises from an incident which occurred on April 21, 1998 at the West Shore Public Library located at 30 North Thirty-first Street in Camp Hill. Plaintiff alleges that she was walking to the rear of Defendant's parked automobile when the Defendant struck the Plaintiff and knocked the Plaintiff to the ground. Defendant allegedly continued to drive her vehicle in reverse, rolling, pushing and dragging Plaintiff across the parking lot. Defendant disputes Plaintiff's allegations. It is anticipated that an eyewitness to the incident, Alexandra Huck, will testify that the Plaintiff was very unsteady on her feet prior to the incident. Ms. Huck observed Plaintiff holding onto cars as she proceeded through the parking lot. Ms. Huck observed Plaintiff lean upon the left rear corner of Defendant's automobile. Defendant then turned as to look for her vehicle when Defendant's vehicle began to slowly move a short distance, perhaps as short as a few inches. Plaintiff then fell straight to the ground. Ms. Huck did not see any contact between Plaintiff and Defendant's vehicle. II. Statement of Basic Facts as to Dama es Plaintiff alleged suffered a fractured right humerus. The medical records indicate that Plaintiff made an unremarkable recovery. III. Principal Issues as to Liabilitv an, Damages 1. Whether Defendant negligently operated her vehicle so as to cause Defendant to suffer the alleged harm? 2. What was the extent of Plaintiff's alleged injuries? 3. Was Plaintiff comparatively negligent with regard to the happening of the incident? IV. Legal Issues None anticipated at this time. 2 V. Identity of Witnesses 1. Betty L. Ort 2. Miriam C. Aungst 3. Alexandra Huck 4. Any witnesses identified in Plaintiff's Pre-trial memorandum. 5. Defendant respectfully reserves the right to supplement this list prior to trial. VI. Exhibit List 1. Medical records. 2. Deposition transcripts of the deposed parties/witnesses. 3. Any exhibits identified by Plaintiff in her Pre-trial memorandum. 4. Bethany Village Records 5. Defendant respectfully reserves the right to supplement this list prior to trial. VII. Settlement Discussions Plaintiff has made a demand of $65,000 and Defendant has offered $30,000 to resolve this matter. Date: 8I I61l7ooa 49032.1 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. /011 n Je eff n J. Shipm n, Esquire At rney I.D. No.: 51785 John R. Ninosky, Esquire Attorney I.D. No.: 78000 P.O. Box 1268 Harrisburg, PA 17108 (717) 234-4161 Attorneys for the Defendant 3 MIRIAM C. AUNGST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4772 CIVIL TERM CIVIL ACTION - LAW BETTY L. ORT, .. Defendant JURY TRIAL DEMANDED IN RE, PRETRIAL CONFERENCE At a pretrial conference held Wednesday, August 23, 2000, before the Honorable Edward E. Guido, Judge, present for the Plaintiff was Henry F. Coyne, Esquire, and present for the Defendant was Jefferson J. Shipman, Esquire. This is a pedestrian/motor vehicle accident. The parties indicate that this will take 1 day to 1 1/2 days to try, including jury selection. Both liability and damages are contested. The parties have stipulated to the authenticity of the police report and medical and hospital records, but reserve any other objections to their admissibility. Plaintiff has added the policeman who prepared the accident report to her list of witnesses. In addition, she has added a diagram of the parking lot and photos of the parking lot to her exhibit list. Because of Plaintiff's frail physical condition, this case must be heard in Courtroom Number 5, ?4,i which is the only ADA accessible courtroom. This may involve the judges switching courtrooms or a reassignment of the Hurley v. Shuss case, which is expected to take all week. Plaintiff also indicates that she will need a VCR at trial. The parties are directed to file any motions in limine with supporting authority by September 5, 2000. Any response thereto must be filed by September 8, 2000. Jury instructions shall be submitted at the commencement of the trial. If the parties wish to file a trial brief, that should also be submitted at the commencement of the trial. By the Court, Edward E. Guido, J. Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 For the Plaintiff Jefferson J. Shipman, Esquire P.O. Box 1268 Harrisburg, PA 17108 For the Defendant :mae MIRIAM C. AUNGST, Plaintiff v. BETTY L. ORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4772 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this - day of 2000 ---------------, upon consideration of Plaintiff's Motion in Limine and Defendant's Answer thereto, it is hereby ordered that Plaintiff's Motion is DENIED. BY THE COURT: ----------- c? ,U J. Jefferson J. Shipman, Esquire I.D. 4: 51785 John R. Ni.nosky, Esquire I.D. #: 18000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market. Street P.O. Box 1268 Harrisburq, PA 17108-1268 Telenhone: (?17) 234-4161 Attorneys for Defendant MIRIAM C. AUNGST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4772 CIVIL TERM BETTY L. ORT, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION IN LIMINE AND NOW, comes the Defendant, Betty L. Ort (hereinafter "Mrs. Ort"), by and through her counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer to Plaintiff's Motion in Limine by respectfully stating the following: 1. Admitted in part, denied in part. It is admitted that Mrs. Ort backed her vehicle from a parking spot located at the rear of the West Shore Public Library. The remainder of this allegation is denied. It is specifically denied that there was any impact between Mrs. Ort's vehicle and Plaintiff. There will be testimony from an independent eye witness, Alexandra Huck, who will testify that there was no impact between Plaintiff and Mrs. Ort's vehicle. To the contrary, Plaintiff was walking unsteadily through the parking lot holding onto vehicles when she fell when Mrs. Ort barked from her parking spot. 2. Denied. This allegation contains a conclusion of law to which no response by Mrs. Ort is required. To the extent a response is required, Mrs. Ort specifically denies that the statute referenced in this paragraph applies to the present matter. 3. Denied. This allegation contains conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 4. Denied. This allegation contains conclusions of law and fact to which no response by Mrs. Ort is required. If a response is deemed required, the averments contained herein are denied. Moreover, it is specifically denied that the referenced items support Plaintiff's Motion in Limine. To the contrary, the referenced documents support the denial of Plaintiff's Motion. 5. Denied. A reading of Plaintiff's deposition indicates that she was proceeding through the parking lot without watching 1) where she was going. Plaintiff testified during her deposition that she glanced behind to obsarve a vehicle approaching from behind, so she stepped aside. (See Plaintiff's Deposition, Page 11). It is reasonable for the jury to conclude that Plaintiff was more concerned about the approaching vehicle than she was about watching were she was walking. It is possible that the jury could reasonably conclude that if Plaintiff was watching where she was going, that this incident may have been avoided. At the very least, Plaintiff's deposition testimony, and anticipated trial testimony, presents an issue for the jury as to her comparative negligence. Moreover, the Superior Court has held that it is reversible error for a trial court not to charge the jury on contributory negligence where, as in the present matter, there is sufficient evidence to warrant the charge. See Zieber v. Bogert, 747 A.2d 905 (Pa.Super. 2000). 6. Denied. Ms. Huck is an independent eyewitness who the jury will likely find credible. Ms. Huck's testimony substantially differs from Plaintiff's; thus, Plaintiff's credibility is certainly at issue in this matter. It is submitted that Ms. Huck's testimony presents a jury question as to Plaintiff's comparative negligence. Moreover, the Superior Court has held that it is reversible error for a trial court not 3 to charge the jury on contributory negligence where, as in the present matter, there is sufficient evidence to warrant the charge. See Zieber v Bogert, 797 A.2d 905 (Pa.Super. 2000) 7. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response by Mrs. Ort is required. If a response is deemed required, the averments contained herein are denied. Moreover, it is specifically denied that Mrs. Ort was negligent or that any action by Mrs. Ort was a substantial factor in causing Plaintiff's alleged harm. 8. Admitted in part, denied in part. It is admitted that Mrs. Ort's deposition is scheduled for September 5, 2000. It is denied that anything will arise during this deposition that will support Plaintiff's Motion in Limine. 9. Denied. It is absurd to suggest that there is insufficient evidence to support a comparative negligence defense or jury instruction in this matter. Moreover, the Superior Court has held that it is reversible error for a trial court not to charge the jury on contributory negligence where, as in the present matter, there is sufficient evidence to warrant the charge. See Zieber v Bogert, 797 A.2d 905 (Pa.Super. 2000). a 4 10. Denied. It is specifically denied that Mrs. Ort backed her vehicle without a proper lookout. It is specifically denied that Mrs. Or t's vehicle struck Plaintiff. WHEREFORE, Mrs. Ort respectfully requests that this Honorable Court deny Plaintiff's Motion in Limine. glSl2cW Date: 51092.1 Respectfully submitted: GOLDBERG, KATZMAN S SHIPMAN, P.C. 4Teerson J. Shipma Esquire I.D. 451785 John R. Ninosky, Esquire I.D. 478000 P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on September ? 2000: Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-9227 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. 28970.2 J f(5rson J. ShipmFn, Esquire A torney I.D. 51785 John R. Ninosky, Esquire Attorney I.D. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 239-9161 Attorneys for Defendant --?? ,?: - ? '; MIRIAM C. AUNGST, Plaintiff VS. BETTY ORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-4772 CIVIL CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION IN LIMINE And now comes the Plaintiff, Miriam C. Aungst, by her counsel, Henry F. Coyne, Esquire of Coyne and Coyne, P.C., and files this Answer to Defendant's Motion in Limine as follows: 1. Admitted. 2 Admitted. However, by way of additional Answer, Plaintiff alleges Defendant backed her motor vehicle from a parking space in the rear of the West Shore Public Library without observing the Plaintiff and struck the Plaintiff. 3. Admitted. 4. Admitted. However, by way of additional Answer, paragraph 6 of Plaintiffs Complaint is incorporated herein by reference 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted In Part. By way of further answer, the "lay witness" in this action includes the Plaintiff', the injured party, Mrs. Riggins, the Plaintiffs daughter, and Mrs. Dengler, the Plaintiffs sister- in-law. Mrs. Riggins and Mrs. Dengler observed the Plaintiff and are "eye witnesses" to Plaintiffs injuries, pain, and suffering. 10. Admitted. By way of further Answer, refer to Paragraph 9 above which is incorporated herein by reference. 11. Admitted. By way of further Answer, refer to Paragraph 9 above which is incorporated herein by reference. Motion in Limine to Preclude introduction of any evidence that Plaintiff has permanent immobility of her right arm. 12. Admitted. 13. Denied. Plaintiff, the victim, can testify as to the limits of use she experiences with her right arm. 14. Denied. Plaintiff, the victim, can testify as to what she was able to do prior to receiving the injuries due to being struck by the motor vehicle that Defendant was operating. Further, seniority or advancement in age is a non-factor because the law states that the Defendant must take the Plaintiff as she finds the Plaintiff. 15. Denied. Based on the results of Defendant's Discovery, as well as testimony of Plaintiff, the victim, and her witnesses, the testimony and evidence will not leave the jury to speculate as to whether Plaintiff suffered debilitating injuries. There is no doubt that Defendant's negligence was a substantial factor in causing the Plaintiff to suffer permanent debilitating injuries. Albert v. Alter, 381 A.2d 459 (Pa. Super. 1971); Mathews v Clarion Hospital, 252 Pa. Super. 742 A.2d 11 I (Pa. Super 1999). 16. Denied. Plaintiff, the victim, is qualified to testify as to the lack of mobility of her right arm ? that was fractured when Defendant's motor vehicle violently struck Plaintiff and injured her. 2 Motion in Limine to preclude Introduction of any evidence that Plaintiff has suffered sever shock and trauma to her nervous system. 17. Admitted. 18. Admitted in Part and Denied in Part. It is admitted that Plaintiff is qualified to testify what she suffered as the result of Defendant's motor vehicle making impact with her. It is denied that Plaintiff is not qualified to testify what the shock and trauma caused to Plaintiff's nervous system. Id. 19. Denied. The Plaintiff, as the victim of Defendant's negligent operation of her motor vehicle, is qualified as to testify as to the shock and trauma she suffered and expert testimony is not required. Id. 20. Denied. It is denied that an expert witness is required to testify as to the causal line between the impact and Plaintiff's resulting injuries. Plaintiff is qualified to testify as to how she felt before and after the impact. Pre-existing conditions and seniority are non-factors because the Defendant, the tortfeasor, must take the Plaintiff as Defendant finds the Plaintiff. Id. 21. Denied. It is denied as expert is necessary to explain the causal link between the impact and resulting injuries and that those conditions are different from pre-existing conditions or simply old age. Pre-existing conditions or Plaintiff seniority are non-factors because the Defendant, the tortfeasor, must take the Plaintiff as Defendant finds the Plaintiff. Id. 22. Denied. It is denied that Plaintiff should be denied offering testimony or evidence that site suffered shock or trauma to her nerves. As the victim of the injuries, Plaintiff is certainly qualified to testify as to the shock and trauma her nervous system experienced as a result of Defendant's negligent operation of her motor vehicle. Id. Motion in Limine to preclude any testimony or evidence that Plaintiff has suffered synovitis and traumatic hemarthrosis to her left knee. 3 23. Admitted. 24. Admitted, 25. Admitted, 26. Admitted. 27. Admitted. 28. Admitted. By way of further Answer, the impact of Defendant's motor vehicle aggravated pre-existing conditions in Plaintiffs left knee. 29. Denied. It is denied that an expert is needed to testify that the impact of the vehicle on Plaintiffs left side aggravated pre-existing conditions in her left knee. Plaintiff is certainly qualified to testify what the conditions of her left knee was prior to the impact and the condition of her left knee after the impact. Id. 30. Denied. Although Plaintiff is a witness, she is also the victim. Further, Plaintiffs medical records speak for themselves. Plaintiff is qualified to explain the medical procedure that a doctor performed on her knee. Plaintiff is certainly qualified to testify as to the condition of her left knee prior to the impact and after the impact. Id. 31. Denied. It is denied that the lack of expert testimony concerning injury to Plaintiffs left knee would cause the jury to speculate as to whether the impact of Defendant's motor vehicle was a substantial factor in aggravating Plaintiffs pre-existing condition in her left knee. Plaintiff is certainly qualified to testify as to the condition of her knee prior to the impact and after the impact. Id. 32. Denied. Plaintiff should be not denied the opportunity to testify how her knee felt prior to the impact and after the impact and what medical procedures were performed on her left knee after impact. Id. 4 Motion in Limine to preclude Plaintiff from offering any testimony or evidence that she suffered aggravation of here eyesight causing her to be legally blind. 33. Admitted. 34. Admitted. 35. Admitted. 36. Denied. By way of further Answer, Plaintiff possessed a valid motor vehicle operator's license; she operated her vehicle for many years; she drove her motor vehicle to the West Shore Library on the date she was injured, and she was self-sufficient and able to read printed material, and play bridge. 37 Denied. It is denied that an expert witness is needed to testify that Plaintiffs pre-existing eye conditions were aggravated by the trauma caused by the impact of Defendant's motor vehicle. As the victim, the Plaintiff is certainly qualified to testify as to her eye sight prior to the impact and after the impact. Id. 38. Denied. The answer to Paragraph 37 is incorporated herein by reference. 39. Denied. It is denied that the lack of expert testimony concerning the impact and trauma was a substantial factor in causing Plaintiff to become legally blind after the impact. As the victim, the Plaintiff, is certainly qualified to testify how her eyesight was adversely affected by the trauma she suffered from being struck with Defendant's motor vehicle. Id. 40. Denied. It is denied that the Court would be justified in precluding Plaintiff from testifying and offering evidence that her eyesight was adversely affected by being struck by Defendant's motor vehicle. As the victim, the Plaintiff is certainly qualified to testify how her eyesight was diminished as the result of being struck with Defendant's motor vehicle. Id. 5 Motion in Limine to preclude any testimony or evidence that Plaintiffs ability to ambulate has been permanently affected as a result of the accident. 41. Admitted 42. Admitted in part and Denied in Part. It is admitted that Plaintiff can testify how her ability to ambulate was affected by being struck and injured by Defendant's motor vehicle. It is denied that Plaintiff is required to offer expert medical testimony concerning permanent impairment of her ability to ambulate. As the victim, the Plaintiff is certainly qualified to testify how her ability to ambulate was adversely affected by the injuries she suffered due to the Defendant's negligence. Id. 43. Denied. It is denied that Plaintiff should be precluded to testify that her ability to ambulate was permanently affected by the injuries she suffered due to Defendant's negligence. As the victim, the Plaintiff is certainly qualified to testify how her ability to ambulate was adversely affected by the injuries she received and endured due to Defendant's negligence. Id. 44. Denied. It is denied that expert testimony is required to demonstrate any permanent condition bome by Plaintiff as a result of being struck with Defendant's vehicle. It is denied that Plaintiff had a complex medical history with numerous afflictions prior to the impact and injuries. As the victim, the Plaintiff is certainly qualified to testify how the impact and injury adversely affected the quality of life enjoyed by the Plaintiff prior to being struck with Defendant's motor vehicle. Id. 45. Denied. It is denied that expert testimony is required concerning Plaintiffs reduced ability to ambulate was caused by injuries suffered by Plaintiff when she was struck by Defendant's motor vehicle. The pre-existing condition of Plaintiffs left knee is not a factor because a Defendant must take a Plaintiff as she finds her. 'rhe lack of expert testimony will not cause thejury to speculate. As the victim, the Plaintiff is certainly qualified to testify how the injuries caused by being struck by Defendant's motor vehicle adversely affects her ability to ambulate post impact. 46. Denied. It is denied that Plaintiff should be precluded from testifying or offering evidence of Plaintiffs ability to ambulate was adversely affected by the injuries she suffered when she was struck with Defendant's motor vehicle. As the victim, the Plaintiff is certainly qualified to testify how the injuries, caused by being struck by Defendant's motor vehicle, adversely affected her ability to ambulate. 47. Admitted. 48. Admitted. Plaintiff will also call her daughter, Mrs. Riggings, and her sister-in-law. Mrs. Dengler, to testify that Plaintiff would not be a resident at Bethany Village, but required assisted living due to the injuries caused by Defendant's negligence. The injuries adversely affected Plaintiffs ability to continue to live independently. 49. Admitted. By way of further Answer, Plaintiff, Mrs. Riggins, and Mrs. Dengler will testify regarding Plaintiff s inability to continue to reside alone in her second floor apartment in Camp Hill. Id. 50. Admitted. By way of further Answer, Plaintiff, Mrs. Riggins, and Mrs. Dengler will testify regarding Plaintiffs inability, due to injuries caused by Defendant's negligence, to ambulate and take care of herself without assistance. Id. <s 51. Denied. Plaintiffs date of birth is September 21, 1909. On the date of impact, Plaintiff was 89 years old. Plaintiff may have had some medical conditions that were not debilitating prior to the hs ' ' impact. Prior to the impact, Plaintiff was a self-sufficient person who resided by herself since the death of her husband on December 19, 1996.. 52. Denied. It is denied that due to Plaintiffs age and "complex medical history" (which is also g .kr denied) expert medical testimony is required to demonstrate that Plaintiff, due to the injuries received 7 from Defendant negligently striking her with her motor vehicle, Plaintiff was forced to move to Bethany Village. Plaintiff submits common sense is the major factor to determine if the Plaintiff possessed the ability to reside independently post impact. Plaintiff, Mrs. Riggins, and Mrs. Dengler are certainly qualified to testify as to Plaintiffs inability , due to injuries received from Defendant's negligence, to continue to live independently and by herself in a second floor apartment. 53. Admitted. By way of further Answer, Plaintiff, Mrs. Riggins, and Mrs. Dengler are certainly qualified to establish the causal link between the injuries suffered by Plaintiff and the Defendant's negligence; Plaintiffs inability to continue to live independently and alone; and the necessity to move to Bethany Village. Id. 54. Denied. It is denied the lack of expert testimony regarding Plaintiffs inability to continue to live independently and alone will cause the jury to speculate that Plaintiff would have moved to Bethany Village regardless of the injuries that were caused Plaintiff by Defendant's negligence. Additionally, the Depositions of Plaintiff, Mrs. Riggins, and Mrs. Dengler taken by Defendant's legal counsel confirm that Plaintiff had no prior thoughts of vacating her second floor apartment. Plaintiff is certainly qualified to testify what caused her to leave her apartment where she resided since 1965 and move to Bethany Village. 55. Denied. It is denied that Plaintiff should be precluded from testifying or offering evidence that due to her debilitating injuries and resulting diminution in her ability to care for herself forced her to vacate her apartment where she lived independently and alone in a second floor apartment in Camp Hill, and establish residence at Bethany Village where she could receive meals and 24 hour accommodations and assistance. Plaintiff respectfully submits she not be denied the opportunity to testify or offer evidence of the increased cost of living at Bethany Village that was caused by the Defendant's negligence and that the Plaintiffs injuries precluded the Plaintiff from continuing to live independently and alone in her second floor apartment. WHEREFORE, Plaintiff requests your Honorable Court to deny Defendant's Motion in Limine. Respectfully submitted, Dated: HENRY F. COYNE, Q IRE 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 CERTIFICATE OF SERVICE 1, Henry F. Coyne, Esquire, hereby certify that true copies of Plaintiffs Answer to Defendant's Motion in Limine have been served upon the below-referenced individuals by sending the same by first class mail, postage prepaid, addressed as follows: Jefferson J. Shipman, Esquire Attorney For Defendant Goldberg, Katzman & Shipman, P.C. P. O. Box 1268 Harrisburg, PA 17108-1268 Dated: HENRY F. COYNE, Esquire Attorney For Plaintiff 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 10 CERTIFICATE OF SERVICE J, Henry F. Coyne, Esquire, hereby certify that true copies of Plaintiffs Answer to Defendant's Motion in Limine have been served upon the below-referenced individuals by sending the same by first class mail, postage prepaid, addressed as follows: Jefferson J. Shipman, Esquire Attorney For Defendant Goldberg, Katzman & Shipman, P.C. P. O. Box 1268 Harrisburg, PA 17108-1268 Dated: HENRY F. COY E, Esquire Attorney For Plaintiff 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 ('1 ? <` ? . ?? L ,) MIRIAM C. AUNGST, Plaintiff, VS. BETTY ORT, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 994772 CIVIL TERM PRAECIPE Please settle and discontinue the above referenced matter. Dated: l? ?1I1 aid HENRY F. CO E, ESQUIRE 3901 Market S et Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 n. :" ?ILU rj_