Loading...
HomeMy WebLinkAbout99-075050 y L d a I?z L d ? ?n DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, #15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Defendant NO. 99-7505 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 20th day of February, 2002, before Edgar B. Bayley, Judge, present for the plaintiff was William T. Tully, Esquire, and for the defendant, Richard H. Wix, Esquire. This is a two car automobile accident in which there is a serious issue of liability. Plaintiff seeks damages for injuries that included a crushed pelvis. The parties have entered into a high-low agreement with a range of $15,000.00 to $50,000.00. Estimated time of trial, one and a half days. William T. Tully, Esquire For Plaintiff Richard H. Wix, Esquire For Defendant prs n-A DOUGLAS WILLIAM DRAYER, #24 IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7505 CIVIL TERM DENISE MARIE ANDERSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED IN RE, PRETRIAL CONFERENCE At a pretrial conference held Wednesday, October 17, 2001, before the Honorable Edward E. Guido, Judge, present for the Plaintiff was William T. Tully, Esquire, and present for the Defendant was Theresa L. Shade Wix, Esquire. This case will be tried by Richard Wix, who was unavailable for the pretrial. This is an uncomplicated motor vehicle accident that will take one and one half days to try. The Plaintiff's expert will not be available until Wednesday of trial week. The parties have indicated that they will likely reach a stipulation as to the medical expenses incurred in connection with this accident. The parties have agreed to a high-low settlement within the range of $15,000.00 to $50,000.00. Therefore, this will be a definite trial. William T. Tully, Esquire Attorney for Plaintiff Theresa L. Shade Wix, Esquire Attorney for Defendants Prothonotary Court Administrator srs By the Court, v a, y r f C7 `? U J DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S PRE.-TRIAL MEMORANDUM Submitted by: William T. Tully, Esq., Counsel for Plaintiff 1. Brief Summary of Case This case arises from a motor vehicle accident which occurred on March 21, 1998, at approximately 11:00 p.m., on East Main Street, Shiremanstown, PA. During a period of light snow, Plaintiff's vehicle was traveling westbound and attempted to make a left turn. As Plaintiff was making his turn, his vehicle was struck by Defendant's vehicle, which had been following him. After striking Plaintiff, the Defendant continued further down the road before her engine shut down. Plaintiff was pinned in his car and needed to be extricated by emergency personnel. He received significant medical treatment for a broken pelvis and related injuries. Il. Statement of Issues A. Negligence of Defendant. B. Negligence of Plaintiff. C. Damages. 111. Amendments to Pleadings None. IV. Admissions from Pleadings None. V. Stipulations Plaintiff requests stipulations as to the authenticity of medical and employment records in order to avoid calling records custodians at trial. VI. Witnesses to be Called A. Douglas Drayer B. William Drayer C. Kathryn M. Dangolovich D. Heather A. Dangolovich E. Joseph L. Conn F. Steven Rickard G. J. Spence Reid, M.D., by stipulation VII. Exhibits A. Photographs of vehicles. B. Photographs of Defendant's injuries. C. Diagram of roadway. D. Recorded statements of witnesses. VIII. Damages Defendant was transported by ambulance to Harrisburg Hospital where he was stabilized, and he was later transported to Hershey Medical Center because of the severity of his injuries. He underwent two separate surgeries: one to insert a pin through the bones of the left leg and pull the ball of the bone back into the pelvic socket; and a second to reconstruct the pelvic socket with plates and screws. He remained hospitalized for over a week and was required to undergo extensive therapy. He suffered significant pain and suffering, loss of employment and loss of enjoyment of life's pleasures. IX. Statement of Any Objections or Evidentiary Problems to be Resolved Prior to Trial None anticipated. X. Special Requests None. XI. Best Offer of Settlement Authorized by Client Defendant has offered to Plaintiff a high/low settlement agreement in the amount of $15,000 for the low and $50,000 for the high. XII. Estimated Time Needed for Trial Two days. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Plaintiff Date: ::„ William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 1. D. #36410 I» 9_- DOUGLAS WILLIAM DRAYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA V. NO. 99-7505 DENISE MARIE ANDERSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, William T. Tully, hereby certify that on this date, a true and correct copy of the I? foregoing document was served upon all interested parties by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: J -jG-O? .William T. Tully, Esq. rM _ r e N / s + ?Si t , , r + , a.• i r + , ti / ':5 1 Y'f4 AIR OFFRE t`rha1t+ L Ilil y rir?'?+ tins r., 'M AA Yj" { ,,yy/?? W:jf1 !E S 1 -. t- ry ?6( W 65f. t ej. Y h'S,iS'.iT./rl -5re , _1 y,CC }+,,. 1 , 0.?9?g+(? _i r = l r I /2 FAG ri ? i?Fi{e ?e^L. yfM1 r , ? ? r:. 1+w IN N.? as . .'.1 Y r r"./ 1 i 1 l 1 1 / t /? G . , DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7505 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PRE-TRIAL MEMORANDUM Submitted by: Richard H. Wix, Esq. Counsel for Defendant I. Brief summary of case This litigation arises out of a motor vehicle accident occurring on March 21, 1998, at approximately 11:05 p.m. on East Main Street in Shiremanstown, Pennsylvania. Both vehicles were initially travelling westbound at which point in time the Plaintiff pulled to the right and then attempted to make a U-turn to a park on the south side of the street. Defendant wac striking the Plaintiff's vehicle when he made the U-turn in front of her. II. statement of issues a. Negligence of Defendant b. Negligence of Plaintiff C. Damages III. Amendments to Pleadinos None. IV. Admissions from Pleadinos None. 9- V. stipulations Defendant requests a stipulation as to the authenticity of medical or employment records so as to not necessitate the calling of any custodians. VI. Witnesses to be Called a. Denise Anderson b. officer Tony Calaman, Shiremanstown Police Department C. Joseph P. Tarrispe d. Walter P. Kilareskipe e. Catherine Dangolovich f. Richard Gates VII. Exhibits a. Photographs of vehicles b. Police Report C. Recorded statement of Douglas Drayer e. Recorded statement of Catherine Dangolovich VIII. Damages See Plaintiff's Pre-Trial Memorandum. IX. None anticipated. si X. special Requests None. XI. Best offer of settlement Authorized by Client Defendant has offered to Plaintiff a high/low settlement agreement in the amount of $15,000 for the law and $50,000 for the high. 2 XII. Estimated Time Needed for Trial 2 days Respectfully submitted, WIX, WENGER & WEIDNER By ? C A Wj?( Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: Y/./ol J CERTIFICATE OF SERVICE AND NOW, this 10th day of April, 2001, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Pre- Trial Memorandum this date by faxing a copy of same addressed as follows: William T. Tully, Esquire Mancke, Wagner, Hershey, & Tully 2233 North Front Street Harrisburg, PA 17110 Fax: 234-7080 The Hon. Edgar B. Bayley Cumberland Co. Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 WIX, WENGER & WEIDNER By I? - 4?. Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 DOUGLAS WILLIAM DRAPER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PRE-TRIAL MEMORANDUM Submitted by: William T. Tully, Esq., Counsel for Plaintiff I. Brief Summary of Case This case arises from a motor vehicle accident which occurred on March 21, 1998, at approximately 11:00 p.m., on East Main Street, Shiremanstown, PA. During a period of light snow, Plaintiff's vehicle was traveling westbound and attempted to make a left turn. As Plaintiff was making his turn, his vehicle was struck by Defendant's vehicle, which had been following him. After striking Plaintiff, the Defendant continued further down the road before her engine shut down. Plaintiff was pinned in his car and needed to be extricated by emergency personnel. He received significant medical treatment for a broken pelvis and related injuries. II. Statement of Issues A. Negligence of Defendant. B. Negligence of Plaintiff. C. Damages. III. Amendments to Pleadings None. IV. Admissions from Pleadings None. V. Stipulations Plaintiff requests stipulations as to the authenticity of medical and employment records in order to avoid calling records custodians at trial. VI. Witnesses to be Called A. Douglas Drayer B. William Drayer C. Kathryn M. Dangolovich D. Heather A. Dangolovich E. Joseph L. Conn P. Steven Rickard G. J. Spence Reid, M.D., by stipulation VII. Exhibits A. Photographs of vehicles. B. Photographs of Defendant's injuries. C. Diagram of roadway. D. Recorded statements of witnesses. VIII. Damages Defendant was transported by ambulance to Harrisburg Hospital where he was stabilized, and he was later transported to Hershey Medical Center because of the severity of his injuries. He underwent two separate surgeries: one to insert a pin through the bones of the left leg and pull the ball of the bone back into the pelvic socket; and a second to reconstruct the pelvic socket with plates and screws. He remained hospitalized for over a week and was required to undergo extensive therapy. He suffered significant pain and suffering, loss of employment and loss of enjoyment of life's pleasures. r' j-? IX. Statement of Any Objections or Evidentiary Problems to be Resolved Prior to Trial None anticipated. X. Special Requests None. XI. Best Offer of Settlement Authorized by Client Defendant has offered to Plaintiff a high/low settlement agreement in the amount of $15,000 for the low and $50,000 for the high. X11. Estimated Time Needed for Trial Two days. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Plaintif Date: IO - la -0 I '??? William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 I.D.#36410 DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: 10-10-61 William T. Tully, Esq. uW orwaca OC 1 H 4 nm x, MANCKE, WAGNER; HERSHEY&TULLY w.rMM '.r t r #18 DOUGLAS WILLIAM DRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DENISE MARIE ANDERSON, Defendant NO. 99-7505 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 22nd day of August, 2001, before Edgar B. Bayley, Judge, present for the plaintiff was William T. Tully, Esquire, and for the defendant, Richard H. Wix, Esquire. This is a motor vehicle accident in which liability is seriously contested. Plaintiff seeks general damages for a broken hip and related injuries. Estimated time of trial, one and?a ?hJalf to two days. By the Court,// J. William T. Tully, Esquire For Plaintiff Richard H. Wix, Esquire For Defendant prs i ?, ?. _,_ - - , - ?.=.? ? .. ;?n ? i,. ?. _. . J ? U #1B DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7505 CIVIL TERM PRETRIAL CONFERENCE- AND NOW, this 22nd day of August, 2001, before Edgar B. Bayley, Judge, present for the plaintiff was William T. Tully, Esquire, and for the defendant, Richard H. Wix, Esquire. This is a motor vehicle accident in which liability is seriously contested. Plaintiff seeks general damages for a broken hip and related injuries. Estimated time of trial, one and a half to two days. William T. Tully, Esquire For Plaintiff Richard H. Wix, Esquire For Defendant prs It 11, DOUGLAS WILLIAM DRAYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 99-7505 CIVIL TERM DENISE MARIE ANDERSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED DEFENDANT'S PRE-TRIAL MEMORANDUM Submitted by: Richard H. Wix, Esq. Counsel for Defendant 1. Brief summary of Case This litigation arises out of a motor vehicle accident occurring on March 21, 1998, at approximately 11:05 p.m. on East Main Street in Shiremanstown, Pennsylvania. Both vehicles were initially travelling westbound at which point in time the Plaintiff pulled to the right and then attempted to make a U-turn to a park on the south side of the street. Defendant was unable to avoid striking the Plaintiff's vehicle when he made the U-turn in front of her. II. Statement of issues a. Negligence of Defendant b. Negligence of Plaintiff C. Damages III. Amendments to Pleadings None. IV. Admissions from Pleadings None. V. Stipulations Defendant requests a stipulation as to the authenticity of medical or employment records so as to not necessitate the calling of any custodians. VI. Witnesses to be Called a. Denise Anderson b. Officer Tony Calaman, Shiremanstown Police Department C. Joseph P. Tarris, P.E. d. Walter P. Kilareskipe e. Catherine Dangolovich f. Richard Gates VII. Exhibits a. Photographs of vehicles b. Police Report C. Recorded statement of Douglas Drayer e. Recorded statement of Catherine Dangolovich VIII. Damages See Plaintiff's Pre-Trial Memorandum. IX. Statement of Anv Objections or Evidentiary Problems to be Resolved Prior to Trial None anticipated. X. Special Requests None. XI. Best Offer of settlement Authorized by Client Defendant has offered to Plaintiff a high/low settlement agreement in the amount of $15,000 for the low and $50,000 for the high. i' f 2 XII. Estimated Time Needed for Trial 2 days Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: October 17, 2001 j ?'M 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) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) DOUGLAS WILLIAM DRAYER (X ) Civil Action - Law ( ) Appeal from Arbitration (other) VS. (Plaintiff) DENISE MARIE ANDERSON VS. (Defendant) The trial list will be called on 10/9/01 and Trials commence on Nov. 5. 2001 Pretrials will be held on 10/17/2001 (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. Civil 99-7505 19 Indicate the attorney who will try case for the party who files this praecipe: Richard H. Wix, Esq., Wix, Wenger & Weidner, 4705 Duke St., Harrisburg, PA 17109-3099, ID i Indicate trial counsel for other parties if known: William T. Tully, Esq., Mancke, Wagner, Hershey & Tully, 2233 N. Front St., This case is ready for trial. Signed: Print Name: Richard H. Wix, Esquire Date: 9/12/2001 Attorney for: Defendant F UQ C) a c c - n -n CJ r-i n' r.. -a .i) 7C, Vr, _ J V Douglas William Drayer V Denise Marie Anderson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7505 CIVIL TERM ORDER OF COURT AND NOW, September 10, 2001, by agreement of counsel, the above captioned case is hereby continued from the September 10, 2001 trial term. Counsel is directed to relist the case when ready. By the Court, llmkoe?. r E. 11617119r, P.J. William T. Tully, Esquire For the Plaintiff Co P` ? W-f-o AD A Richard H. Wix, Esquire For the Defendant Court Administrator r /CC? ,n proT 0fFitQ 2-/ '7 cj j DOUGLAS WILLIAM DRAPER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PRE-TRIAL MEMORANDUM Submitted by: William 7'. Tully, Esq., Counsel for Plaintiff 1. Brief Summary of Case This case arises from a motor vehicle accident which occurred on March 21, 1998, at approximately 11:00 p.m., on East Main Street, Shiremanstown, PA. During a period of light snow, Plaintiff's vehicle was traveling westbound and attempted to make a left turn. As Plaintiff was making his turn, his vehicle was struck by Defendant's vehicle, which had been following him. After striking Plaintiff, the Defendant continued further down the road before her engine shut down. Plaintiff was pinned in his car and needed to be extricated by emergency personnel. He received significant medical treatment for a broken pelvis and related injuries. If. Statement of Issues A. Negligence of Defendant. B. Negligence of Plaintiff. C. Damages. III. Amendments to Pleadings None. IV. Admissions from Pleadings None. V. Stipulations Plaintiff requests stipulations as to the authenticity of medical and employment records in order to avoid calling records custodians at trial. VI. Witnesses to be Called A. Douglas Drayer B. William Drayer C. Kathryn M. Dangolovich D. Heather A. Dangolovich E. Joseph L. Conn F. Steven Rickard VII. Exhibits A. Photographs of vehicles. B. Photographs of Defendant's injuries. C. Diagram of roadway. D. Recorded statements of witnesses. VIII. Damages Defendant was transported by ambulance to Harrisburg Hospital where he was stabilized, and he was later transported to Hershey Medical Center because of the severity of his injuries. He underwent two separate surgeries: one to insert a pin through the bones of the left leg and pull the ball of the bone back into the pelvic socket; and a second to reconstruct the pelvic socket with plates and screws. He remained hospitalized for over a week and was required to undergo extensive therapy. He suffered significant pain and suffering, loss of employment and loss of enjoyment of life's pleasures. IX. Statement of Any Objections or Evidentiary Problems to be Resolved Prior to Trial None anticipated. X. Special Requests None. XI. Best Offer of Settlement Authorized by Client Defendant has offered to Plaintiff a high/low settlement agreement in the amount of $15,000 for the low and $50,000 for the high. X11. Estimated Time Needed for Trial Two days. Respectfully Submitted, MANCY.E, WAGNER, HERSHEY & TULLY Attorneys for Plaintiff Date: '?-/-1 - D William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 1. D. #36410 DOUGLAS WILLIAM DRAYER, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 DENISE MARIE ANDERSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Richard I-1. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: W-1-1 -0/ William T. Tully, Esq. uw oMCM MANCKE,WAGNER;HERSHEY&TULLY . A(j 7Zd y L K 4 rr f 1,' d. Yi > r } r t r ? d S f-= r k J ! ?. [ _ ti t ! , l4? ?S n?IC QM 1, ?/ ?'{F? R ?f pq.? tig t ??t ( tPP4M'?,I'? y-??, W ,n Z ?y p/?t?firy?t y5 ?.. ?1f ? ?ii••vv????lf• A? r 1 y'{,•,UII .]yJ?L? t1 W.Y.i f• IX M "l?ryr E?"4 r.?° r fr .f t:S<t I F t t i u 1 Rk' t yT?,?t L+ Irt?it •r• ' ..? ? , t ?°'-Jfr=l i t '? S z s I ?! T 1. •lK F' 1'+ 4Y1 4 3 yf+.K.J' ? 1R ! ?eY i 3a l ,r - t°{f` P A1..1 rl ' 1 L ,K'1 }t ,t ? ? t? {,1 t (, r -1 r ley '' 1 it I 1 t ! 3 d 1 1 '.f 1'}.t1 /?\ F i 7 .:?k? t ?. _ , ? :[ L t t Y ? ' 1 r I r • r 1 e Y y' k 13y :Y 1 tY •l w., f,+,.dY y15^ i' 1 i ??.: A Y F v?yl'Y?1 T ?, I r i , t F n I.+ ? ??,l?dpl?? ?,: I e o- ? F ?.k'y?5f ?+.?.t 11 f )t JR ?Jt Q 1 R t b f 5.?+.t .fll Wy ? r J ? , i x yi l'rw Qt9WQr T .. I 1 f r ? R L'?t'I.J ?{iz (1 y rf! ,u a i? ?1 d ` .E I / laa? ? ?il?.x,,.ix$, Y tf•R?i A1],jy({?, '1, s11? .. a V I rt ' 1???y? ??I Y?1I {y? 1 ?, L, 1 I ?; • e ? .?.) SS(khI ???/' «'LL' 3 t f : _ ..C? I ? `r t.c s f- if , - I f N ? I f 1 1 ` 1 S I `f . DOUGLAS- -WILLIAM DRAYER, Plaintiff 11. DENISE MARTS ANDERSON, Defendant IN TRY, COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PI TRIAL MIKAND11M Submitted by: William T. Tully, Esq., Counsel for Plaintiff 1. Brief Summary of Case This rase arises from a motor vehicle accident which occurred on Much 21, 1998, at approximately 11:00 p.m., on rest Main Street, Shiremanstown, PA. During a period of light snow, Plaintiff's vehicle was traveling westbound and attempted to make a left turn. As Plaintiff was making his turn, his vehicle was struck by Dcfbndant's vehicle, which had been following him. After striking Plaintiff, the Defendant continued further down the road before her engine shut down. Plaintiff was pinned in his car and needed to be extricated by emergency personnel. He received significant medical treatment for a broken pelvis and related injuries. 11. Statement of Issues A. Negligence of Defendant. B. Negligence of Plaintiff. C. Damages. 111. Amendments to Pleadings None. IV. Admissions from Pleadings None. FROM: MRNCKE WAGNER HERSHEY FAX: 2347080 Rug-21-01 Tae 10:28 PAGE: 03 V. Stipulations Plaintiff requests stipulations as to the authenticity of medical and employment records in order to avoid calling records custodians at trial. Vl, Witnesses to be Called A. Douglas Drayer H. Williunt Drayer C. Kathryn M. Dangoloviclt D. Heather A. Dangolovich E. Joseph L. Conn I.. Steven Rickard VIT. RXIlibits A. Photographs of vehicles. B. Photographs of Defendant's injuries. C. Diagram of roadway. D. Recorded statements of witnesses. VIII. Damages Dcfcndnnt was transported by ambulance to Harrisburg Hospital where he was stabilized, and ho was later transported to Hershey Medical Center because of the severity of his injuries. He underwent. two separate nurgeries: one to insert a pin through tltc bones of the left log and pull the ball of the bone back into the pelvic socket; and a second to reconstruct the pelvic socket with plates and screws. I le remained hospitalized for over a week and was required to undergo extensive therupy. lie suffered significant pain and suffering, loss of employment and loss of enjoyment of life's pleasures. FROM: HRNCKE WAGNER HERSHEY FAX: 2347000 Rug-21-01 Tue 10:29 PAGE: 09 J IX. Statement of Any OhjectiunN or Evidentiury Problems to he Revolved Prior to Trial None anticipated. X. Special Requests None. XI. Best Offer of Settlement Authorized by Client Dclcndant has oficrcd In Plaintiff a high/low settlement agreement in the amount of $15,000 for the low and $50,000 for the high. X11. Estimated Time Needed for Trial Two days. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for PlainliIT Date:' l y G' ?/c ire Grt--? William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 j I.D. #36410 i I i i f i i i F ROG: 17ANCKE WAGNER HERSHEY FAY$ 2347080 Au9-21-01 rue 10:29 F PAGE: 03 DOUGLAS WILLIAM DRAYER, IN THR ('01JRT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA V NO. 99-7505 DENISE MARIE ANDERSON, CIVIL ACTION - LAW Defendant JURY TRIAL, DEMANDED CEKjITlCAU_ nF 4FRVICE 1, William l'. Tully, hereby certify that on this dnte, a true and correct cony of the 1'un:going document wus served upon all interested parties by first class mnil, postage prepaid, at 11arrishurg, Perulsylvnniu, uddremed as follows: Richard H. Wix, Fsquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: 1-_' Q.L- William'r.'1'1111y, Lsq. 11 DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA No. 9 9 - 'lS0.S CIVIL ACTION - LAW JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ADMINISTRATOR COUNTY CDS3Rl r XAMMIWe, PA 17013 (71'7) 2"3 ?2 ,Ct y 2?ts Cc _ Tl-P ?2a13 7/ 7- )- c-IF / (? --:.-. DOUGLAS WILLIAM DRAYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA V. NO. e 9 7Sut; ( li- DENISE MARIE ANDERSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Douglas William Drayer, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and files the following complaint: 1. The Plaintiff, Douglas Williams Drayer, is an adult individual currently residing at 1716 Laurel Road, West Hanover Township, Dauphin County, Pennsylvania 17112. 2. The Defendant, Denise Marie Anderson, is an adult individual with a last known address of 330 South Washington Street, Apt. 5, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts and occurrences herein occurred on or about March 21, 1998, at about 11:00 p.m. on Main Street, near the intersection of Locust Street, in the Borough of Shiremanstown, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, the Plaintiff, Douglas William Drayer, was operating a 1989 Dodge Colt, with two passengers in his car, westbound on Main Street, Shiremanstown, Cumberland County, Pennsylvania. 5. At the aforementioned time and place, the Defendant, Denise Marie Anderson, was following Plaintiff in a 1992 Nissan Sentra, westbound on Main Street, Shiremanstown, Cumberland County. 6. At the aforementioned time and place, the Plaintiff attempted to make a left turn onto Locust Street, when he was violently struck by Defendant's vehicle. 7. The aforementioned accident was the result of the careless, negligent and reckless conduct of the Defendant in the operation of her motor vehicle in that she: a. failed to follow the vehicle in front of her at a safe distance; b. failed to operate her vehicle within the lane lined for her traffic way; C. failed to pay attention to the traffic and weather conditions; d. operated her vehicle in such a fashion so as to not be able to control the vehicle, causing it to strike Plaintiff's vehicle as it attempted to make a left tum; e. failed to control the operation of her vehicle so as to prevent her vehicle from striking the Plaintiff's vehicle; f. operated her vehicle in a careless manner; g. operated her vehicle at a speed that was not safe for the conditions in that she lost control of the vehicle causing it to collide violently with Plaintiff's vehicle; h. failed to break or otherwise stop her vehicle prior to striking Plaintiff's vehicle; i. operated her vehicle in such a manner so as to lose control of the vehicle, causing a violent collision with Plaintiffs vehicle; j. failed to observe Plaintiff's vehicle; and X, k. operated her vehicle ina careless and negligent manner, so as to permit it to collide with the Plaintiff's vehicle. 8. When Defendant's vehicle struck Plaintiffs car, Plaintiff was crushed and trapped within his car, requiring his extrication by emergency personnel. 9. Plaintiff had to be immediately transported to Harrisburg Hospital where he was initially admitted and treated for his injuries. 10. The initial examination revealed a protrusion comminuted fracture of his pelvis requiring surgery at the Hershey Medical Center. 11. After tranfer and admission to Hershey Medical Center, he underwent surgery on March 25, 1998, for the following injuries: a. A protusion comminuted fracture of the left acetabulum of his pelvis; b. His femoral head was projected through the acetabular roof; C. Extensive comminuted fractures of his acetabular roof, and the ischium and pelvis of his left side; d. Soft tissue hematoma on the left side of his pelvis; and e. Related damage to his connecting tissues and musulature. 12. The aforementioned surgery involved surigcal repair involving the placement of plates and screws to reconstruct his crushed pelvis. 13. Plaintiff was hospitalized for over a week, and was required to be non-weightbearing until June 17, 1998. 14. Plaintiff was required to undergo extensive physical theraphy, and follow-up medical attention. 15. As a result of the aforementioned injuries, the Plaintiff sustained great pain and suffering, and will cominue to suffer pain in the future. 16. As a result of the aforementioned injuries, the Plaintiff has undergone inconvenience, reduction in work capacity, and the loss of life's pleasures. He will likely continue to undergo inconvenience, reduction in work capacity, and loss of life's pleasures indefinitely. 17. As a result of the aforementioned injuries, Plaintiff is likely to experience premature arthritis secondary to trauma with an expected onset anywhere from two to fifteen years after the injury. 18. The aforementioned post-traumatic arthritis may lead to the need for a total hip replacement in the future. WHEREFORE, Plaintiff, DOUGLAS WILLIAM DRAYER, prays This Court to grant judgment in his favor against the Defendant in an amount in excess of $20,000.00. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Plaintiff Date: W-13 4 William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 I.D. #36410 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Date: J -'o 5 . . ; IQJ' \ w w 10 10 f aro, aw Q h W N H k m' Y, w "3 Y a t ?., E rjc:? K ` , a ? 1 a ??? I i 1' r?1 " 1 t L r - r ? ;:c y h n ; t' r i t. y % t DOUGLAS WILLIAN DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7505 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Defendant Denise Marie Anderson in the above-captioned matter. WIX, WENGER & WEIDNER ByjC ,J 9. " Richard H. Wix, I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 1.4331,E Bt. DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7505 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Douglas William Drayer; and William T. Tully, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WIX, WENGER & WEIDNER Dated: fill l.: 000 Richard H. WiX, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7505 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER NOW COMES the Defendant, Denise Marie Anderson, by her attorneys Wix, Wenger & Weidner and sets forth the following Answer with New matter to Plaintiff's complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. The allegations of paragraph 6 are denied as stated. It is admitted that a collision occurred between the parties' vehicles after the Plaintiff had pulled off to the right hand side of the road and then suddenly attempted to make a U turn directly into the path of the Defendant's vehicle. 7. The allegations of paragraph 7 are denied. 8. The allegations of paragraph 8 are denied as stated. 9. The allegations of paragraph 9 are within the exclusive knowledge of Plaintiff and proof thereof is demanded at the time of trial. 10. The allegations of paragraph 10 are within the exclusive knowledge of Plaintiff and proof thereof is demanded at the time of trial. 11. The allegations of paragraph li are within the exclusive knowledge of Plaintiff and proof thereof is demanded at the time of trial. 12. The allegations of paragraph 12 are within the exclusive knowledge of Plaintiff and proof thereof is demanded at the time of trial. 13. The allegations of paragraph 13 are within the exclusive knowledge of Plaintiff and proof thereof is demanded at the time of trial. 14. The allegations of paragraph 14 are within the exclusive knowledge of Plaintiff and proof thereof is demanded at the time of trial. 15. The allegations of paragraph 15 are denied. 16. The allegations of paragraph 16 are denied. 17. The allegations of paragraph 17 are denied. 18. The allegations of paragraph 18 are denied. NEW NATTER 19. The accident referred to in Plaintiff's Complaint was caused by the negligence of the Plaintiff, and such negligence bars his claim in whole or in part by reason of the provisions of the 2 20. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant demands judgment against the Plaintiff, together with costs of this action. Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 3 . _ _- - :..raetK7E VERIFICATION I, Denise Anderson, have read the foregoing Defendant's Answer with New Matter which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: 00/0 0 LWU?& ?/1L?/1l_),oJ7l_/ Denise Anderson y ..yqE CERTIFICATE OF SERVICE AND NOW, this 11th day of January, 2000, I, Richard H. Wi.x, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Answer with New Matter this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: William T. Tully, Esquire MANCKE WAGNER HERSHEY & TULLY 2333 North Front Street Harrisburg, PA 17110 WIX, WENGER & WEIDNER ByCSAeAaA k. LJ Richard H. Wix, I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 SHERIFF'S RETURN - REGULAR CASE NO: 1999-07505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DRAYER DOUGLAS WILLIAM VS ANDERSON DENISE MARIE JODY SMITH Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon ANDERSON DENISE MARIE the DEFENDANT , at 1110:00 HOURS, on the 22nd day of December , 1999 at CUMBERLAND CO. SHERIFF'S DEPT. ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to DENISE ANDERSON a true and attested copy of COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 8.00 .00 32.20 Sworn and Subscribed to before me this day of A. D. Prothonotary dd So Answers: '??I l-.NY•C???.L R. Thomas Kline 12/23/1999 MANCKE WAGNER HERSHEY TULLY By: De/ ? Deplsty S Sheriff J DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER 19. This averment constitutes a conclusion of law to which no response is required and shall be deemed to be denied. 20. This averment constitutes a conclusion of law to which no response is required and shall be deemed to be denied. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Plaintiff Date.. William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 I.D. #36410 DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 1 71 09-3 099 Date: i Imo- ef,?????? William T. Tully, Esq. f ! 7 . mn, , : - r ci ; r? s Z m Hw , O !O_ ; W H v]; G H b3 z £ a Q W W 14 W Am H . D3,: HIM H N . W a";.I ao 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) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) DOUGLAS WILLIAM DRAYER, Plaintiff (X ) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) VS. (Plaintiff) DENISE MARIE ANDERSON, Defendant The trial list will be called on 4 3 2001 and vs. (Defendant) Trials commnce on April 30. 2001 Pretrials will be held on April 11. 2001 (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. Civil 99-7505 19 Indicate the attorney who will try case for the party who files this praecipe: Luxe aLreet ttarrisbur , PA 17109-3099, ID #07274 455 Indicate trial counsel for other parties partties ies if f known; William T. Tully, Es uire, Mancke, Wagner, Hershey & Tully, 2233 North Front Street, Harrisbur , PA 17110, ID #36410, (717) 234-7051 This case is ready for trial. Signed: l?l Print Name: Richard IIIH..???Wix Esquire Date: 2/12/2001 Attorney for: Defendant to 1--.- 04/10/2001 11:44 7176526290 WIX WENGER & WEIDNER PAGE 03 DOUGLAS WILLIAM DRAYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7505 CIVIL TERN DENISE MARIE ANDERSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED DEBEYDAMTIB PRE-TRIAL MEMOVANDDM Submitted by: Richard H. wix, Esq. Counsel for Defendant I Brief Summary of Came This litigation arises out of a motor vehicle accident occurring on March 21, 1998, at approximately 11:05 p.m. on East main street in Shiremanstown, Pennsylvania. Both vehicles were initially travelling westbound at which point in time the Plaintiff pulled to the right and then attempted to make a U-turn to a park on the south side of the street. Defendant was unable to avoid striking the Plaintiff's vehicle when he made the U-turn in front of her. Ii. Statement of Issues a. Negligence of Defendant b. Negligence of Plaintiff c. Damages III. Anendmonto to Pleadings None. Iv. A4misei9n0 froa Pleadings None. 04/1012001 11:44 7176526290 WIX WENGER & WEIDNER PAGE 04 V. ptivulationo Defendant requests a stipulation as to the authenticity of medical or employment records so as to not necessitate the calling of any custodians. VI. sitneases to be Called a. Denise Anderson b. Officer Tony Calaman, Shiremanstown Police Department c. Joseph P. Tarrispe d. Walter P. Kilareskipe e. Catherine Dangolovich f. Richard Gates VII. a. Photographs of vehicles b. Police Report c. Recorded statement of Douglas Drayer e. Recorded statement of Catherine Dangolovich VIII. Daaaaea See Plaintiff's Pre-Trial Memorandum. IZ. None anticipated. E, aRecial Aequeety None. aI. eeo Of for of Settlement Authorised by Clint Defendant has offered to plaintiff a high/low settlement agreement in the amount of $15,000 for the low and $50,000 for the high. 2 04/10/2001 11:44 7176526290 WIX WENGER & WEIDNER PAGE 05 =II. Estimated Time seeded for Trial 2 days Respectfully submitted, WIX, WENGER 6 WEIDNER By C.? 7ti• Richard H. Wix, Esq., ID$ 07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: g1.161 3 04/10/2001 11:44 7176526290 WIX WENGER & WEIDNER caRTiYICATE OF SERVICE PAGE 06 AND NOW, this 10th day of April, 2001, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Pre- Trial Memorandum this date by faxing a copy of same addressed as follows: William T. Tully, Esquire Mancke, Wagner, Hershey, 6 Tully 2233 North Front Street Harrisburg, PA 17110 Fax: 234-7080 The Hon. Edgar B. Bayley Cumberland Co. Court of Common Pleas Cumberland County Courthouse one Courthouse Square Carlisle, PA 17013-3387 WIX, WENGER 6 WEIDNER By l : `IA6i L ???c Richard H. Wix, Esq., I.D. 107274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this w day of%AlwA -, 2001, plaintiffs motion for continuance is hereby granted, and the above-captioned matter is hereby continued from the April 30, 2001, Civil Trial Term. --)7L2 Ctve- c'?? -,&p A_aA,)? I t4l Distribution: BY THE CQUkT- Edgar B. Bayley, Judge William T. Tully, Esq., 2233 N. Front St., Harrisburg, PA 17110 - ?4 G?xj??u. Richard H. Wix, Esquire, 4705 Duke Street, Harrisburg, PA 17109-3099 Court Administrator m.+A.1 J _ '. ?: Y _ , i' i1 Q. t ? •. i r' I ? I , DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOW COMES Plaintiff, Douglas William Drayer, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and avers as follows: 1. The above-captioned matter is scheduled for trial during the Civil Trial Term commencing April 30, 2001. 2. Plaintiff's counsel's wife underwent surgery for cancer in February, 2001, and had follow-up surgery on April 2, 2001. 3. Because of the ongoing treatment of his wife's medical condition, undersigned counsel is not prepared to proceed to trial at this time. 4. After several efforts to contact opposing counsel regarding this matter, undersigned counsel spoke with opposing counsel this afternoon, and Mr. Wix does not oppose this continuance request. 5. Undersigned counsel is also attached to a murder trial in York County, which is scheduled for the May Term of Criminal Court, commencing April 30, 2001. WHEREFORE, Plaintiff respectfully requests that the above-captioned matter be continued from the April 30th Civil Trial Term. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Plaintiff Date: ' id - O I William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 I.D. #36410 DOUGLAS WILLIAM DRAPER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE. OF SERVICE. I, William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: LI-10 -01 William T. Tully, Esq. .; 5'+ Y 1' ' r i V3 t C : ? 1 i ? 0t N 5 . ?D yf 1 [ f? O ! J LLB.,, ..: It LI t? ALL, i } 4 i I yF1! r t f I l}1 ??l I w J o 3Luw Cl) qq Z it QQ W Q ZZ _ L PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO TIE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) DOUGLAS WILLAIM DRAYER ( X) Civil Action - Law ( ) Appeal from Arbitration (other) VS. (Plaintiff) DENISE MARIE ANDERSON VS. (Defendant) The trial list will be called on 6/12/01 and Trials comnence on Julv 9. 2001 Pretrials will be held on 6/20/01 (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. Civil 9907505 19 Indicate the attorney who will try case for the party who files this praecipe: Richard H. Wix, Esq., Wix, Wenger & Weidner. 4705 Duke St, Harrisburg PA FM9-3099, ID #07274 (717) 652-8455 Indicate trial counsel for other parties if known: William T. Tully, Esq., Mancke, Wagner Hershey & Tully, 2233 North Front St., Harrisburg, PA 17110, ID 036410 (717) 234-7051 This case is ready for trial. Signed: Print Name: Richard H. Wix, Esquire Date: 4/20/01 Attorney for: Defendant r: 1?/L (! Z IL LL" c I 1 C v - ? o U DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this -J,Uday of 2001, plaintiff's motion for continuance is hereby granted, and the above-captioned matter is hereby continued from the July 9, 2001, Civil Trial'ferm. Distribution: BY,THE COU J. ?S William T. Tully, Esq., 2233 N. Front St., Harrisburg, PA 17110 Richard H. Wix, Esquire, 4705 Duke Street, Harrisburg, PA 17109-3099 Court Administrator tjow C / .. II ci DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR CONTINUANCE NOW COMES Plaintiff, Douglas William Drayer, by and through his attorneys, Mancke, Wagner, I lershey & Tully, and avers as follows: 1. The above-captioned matter is scheduled for trial during the Civil Trial Term commencing July 9, 2001. 2. Plaintiff's counsel is attached to a murder trial in York County, scheduled to begin July 9, 2001. 3. Because of the ongoing treatment of his wife's medical condition, undersigned counsel is not prepared to proceed to trial at this time. 4. Opposing counsel, Richard Wix, does not oppose this continuance request. WHEREFORE, Plaintiff respectfully requests that the above-captioned matter be continued from the July, 2001, Civil Trial Term. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Plaintiff Date: Lx 16i , t} ?1 s? .??e?f William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717)234-7051 I.D.#36410 IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 DOUGLAS WILLIAM DRAYER, Plaintiff V. DENISE MARIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7505 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Richard H. Wix, Esquire Wix, Wenger& Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: b- - i ? -61 1?.??e e William T. Tully, Esq. :5 _ J J tww orrlcee I x n xe ro x f ,II. xrr?payg r?o,}a HERSHEY&TULLY WAGNER wr d7L4tC7a ' , MANCKE, ' `l off.{? ?If n ;i ? ?: 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) ( X) for JURY trial at the next term of civil court. ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) DOUGLAS WILLIAM DRAYER (X) Civil Action - Law ( ) Appeal from Arbitration ( 1 (other) VS. (Plaintiff) DENISE MARIE ANDERSON VS. (Defendant) The trial list will be called on 8/14/01 and Trials commence on Sept. 10, 2001 Pretrials will be held on Aug. 22, 2001 (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. Civil 99-7505 19 Indicate the attorney who will try case for the party who files this praecipe: Richard H. Wix, Esq., Wix, Wenger & Weidner, 4705 Duke St., Harrisburg PA 1/1U9-3099, ID#07274, (717) 652-8455 Indicate trial counsel for other parties if known: William T. Tully, Esq., Mancke, Wagner, Hershey & Tully, 2233 N. Front St., Harrisburg, PA 17110, ID#36410 (717) 234-7051 This case is ready for trial. Signed: ?y Print Name: Richard H. Wix, Esquire Date: July 6, 2001 Attorney for: Defendant r;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) (X ) for JURY trial at the next tern of civil court . ( ) for trial without a jury. --------------------------- CAPTION OF CASE check one) (entire caption must be stated in full) ( X) Civil Action - Law DOUGLAS WILLIAM DRAYER (other) VS. DENISE MARIE ANDERSON (Plaintiff) ( ) Appeal from Arbitration The trial list will be called on 2/12/02 and Trials connence on March 11, 2002 VS. (Defendant) Pretrials will be held on Feb. 20, 2002 (Briefs are due 5 days before pretrials.) (The party listing this case for trial steal. provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. Civil 99-7505 19 Indicate the attorney who will try case for the party who files this Praecipe: 9-3099, ID#07274, (717) 652-8455 Indicate trial counsel for other parties if known: William T Tully Esq Mancke Wagner Hershey & Tully, 2233 N Front St., Harrisburg, PA 17110, ID#36410 717 234-7051n / This case is ready for trial. Signed: ?ICJL ?D Print Name: Richard H Wix Es4. Date: 1/17/2002 Attorney for: Defendant - i ?n c^ '-) x f I p ?W d f]O- c`) U C7 r DOUGLAS WILLIAM DRAYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7505 CIVIL TERM DENISE MARIE ANDERSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED SPECIAL VERDICT FORM 1. Do you find that the Defendant was negligent? YES x NO (If your answer to question number 1 is "Yes", proceed to question number 2. If your answer to question number 1 is "No", then Douglas Drayer cannot recover damages from t h e Defendant, and you should return to the courtroom.) 2. Was the Defendant's negligence a substantial factor in causing Douglas Drayer's harm? YES X _ NO (If your answer to question number 2 is "Yes", then the Defendant is deemed to be liable, and you should proceed to question number 3. If your answer to question number 2 is "No", then Douglas Drayer cannot recover damages from the Defendant, and you should return to the courtroom.) 3. Was the Plaintiff contributorily negligent? YES NO (If your answer to question number 3 is "Yes", proceed to question number 4. if your answer to question number 3 is 1IN0111 then proceed to question number 6.) 4. Was the Plaintiff's contributory negligence a substantial factor in bringing about his harm? YES -- NO (If your answer to question number 4 is "Yes", then the Defendant AND the Plaintiff are deemed to be liable, and you should proceed to question number 5. If your answer to question number 4 is "No", then Douglas Drayer is not contributorily negligent, and you should proceed to question number 6.) 5. Taking the combined negligence that was a substantial factor in bringing about Douglas Drayer's harm as 100 percent, what percentage of that causal negligence was attributable to Denise Anderson and what percentage was attributable to Douglas Drayer? Percentage of causal negligence attributable to Denise Anderson: 30? Percentage of causal negligence attributable to Douglas Drayer: 17 p $ TOTAL 100 % (If you have found Douglas Drayer's causal negligence to be greater than 50%, then Douglas Drayer cannot recover and you should return to the courtroom. If you have found Douglas Drayer's causal negligence to be less than or equal to 50%, then proceed to question number 6. Furthermore, if you have found Douglas Drayer's causal negligence to be less than or equal to 50%, DO NOT calculate the damages in question number 6 based on the percentage above. The Court will determine the amount to be awarded to the Plaintiff, if any, by reducing the amount of damages found by you in proportion to the percentage of the Plaintiff's causal contributory negligence, if any.) 2 M 6. State the amount of damages sustained by the Plaintiff, Douglas William Drayer: Forepersot/ 61 --r Pleamo f'« DRAyfR OPOSd it 49-16'e C: v: -©vIESM2 4-a r r? d 15 ? c O 49 c 1 .z Y ?t . i i • l I. r -r I (j4Y Crhidyl ?JudBe_ CIerkI roth -Tpetaff 17 NO.: SC - CASE NO.: t 1 r? S /no rl e. P no nde150r1 t? 61 , VS e 9 ?s?s ! iv I DATE: 3"I/"o2 DOCKETNO.: / Random No. 16 n yM ' aA Juror# - Name '- ? 99 Shenfeld, Arletta J -1896937637 '87 r.y Fr , c T? -1845756943 70 McClintock,Cookie(ldamae) -1725659688 D -1579127969 91 , Walker, Lois G -1506547833 a -1374863418 49 Ludwig, Cynthia L -1052974698 56 3AFAn$gft.R4inmdfr- `rr -1041627390 62 Wyrick, Jack D -768361682 -758957289 !u 42 , Tritt, Dwight A -620744183 80 Robinson, Kent W -594246812 93 Kump, Brian D 453552883 -106195207 I 65 Lenshan, Mary T 103288076 3 160038091 er, rsa _ n 210782465 S 788 Vick, Fern L 320870863 88 Shover, Christopher 350605150 67 Gentile, Charles W 398660361 81 Baldwin(Hoover),Linda Dia 421982357 86 Wyckoff, Ellen M 572510640 60 Deutsch, Nancy J 811601152 54 Gardner, Bryan P 668474021 - 95 Jackson, Francis J 941859146 -ed GGAI 6e fare 1 ;8' E 1 ----- ------- i5a - ----- - R<,. 1 170 17,0( 92 Lu, Dan Thi 1474493628 83 Bishoff, Betty J 1681795122 68 Warren, Beverly R 1723230746 69 Martin, William P 1977877139 r -. Parlp 1 ref 1 ' lA?ntt"Y, MArch 11.2902