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Home My WebLink About07-3821ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorney for Plaintiff E-mail: dlutz@angino-rovner.com TERESA PALM, Plaintiff V. PATRICIA HUNT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW 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 warned that if you fail to do so the case may proceed without you and 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 356497 ORIGINAL IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, 17013, (717)- 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demands o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, 17013, (717)- 249-3166 356497 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorney for Plaintiff E-mail: dlutz@angino-rovner.com TERESA PALM, Plaintiff V. PATRICIA HUNT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. D'1 _ 3 dioi ?-Top-"q CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Teresa Palm is an adult individual and citizen of the Commonwealth of Pennsylvania who resides in New Kingstown, Cumberland County, Pennsylvania. 2. Defendant Patricia Hunt is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 8 Wooded Run Drive, Dillsburg, York County, Pennsylvania, 17019. 3. The facts and occurrences hereinafter related took place on or about September 8, 2006, at approximately 12:35 p.m. on East Main Street, Silver Spring Township, New Kingstown, Cumberland County, Pennsylvania. 4. At that time and place, Teresa Palm was a passenger in the front seat of the vehicle, a 1998 Plymouth driven by Gerry Ruppert. Mr. Ruppert was traveling west on East Main Street in the left lane. 5. At that same time and place, Defendant Patricia Hunt was operating her 2005 Ford, also traveling west on East Main Street in front of Mr. Ruppert in the right lane. 6. Defendant Patricia Hunt turned her vehicle from the right lane of East Main Street, directly into the path of Mr. Ruppert's vehicle, causing a collision. 356497 7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Teresa Palm are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Patricia Hunt operated her motor vehicle as follows: a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; b) failure to stay within her lane of travel; c) failure to yield the right-of-way to Plaintiffs vehicle; d) failure to keep a proper watch for traffic on the highway; e) failure to keep proper and adequate control over her vehicle; and f) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 8. Plaintiff Teresa Palm sustained painful and severe injuries which include but are not limited to, bilateral knee pain, concussion, torn meniscus in her left knee requiring surgery, as well as cervical, thoracic, and lumbar pain. 9. By reason of the aforesaid injuries sustained by Plaintiff Teresa Palm, she was forced to incur liability for medical treatment, medication, physical therapy, and similar miscellaneous expenses to restore herself to health, and claim is made therefor. 10. Because of the nature of her injuries, Plaintiff Teresa Palm has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 11. As a result of the aforementioned injuries, Plaintiff Teresa Palm has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 356497 2 12. As a result of the aforesaid injuries, Plaintiff Teresa Palm has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 13. Plaintiff Teresa Palm continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. WHEREFORE, Plaintiff Teresa Palm demands judgment against Defendant Patricia Hunt in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: , ? ? ANGINO & ROVNER, P.C. <7?7 Davi I. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 356497 3 VERIFICATION I, Teresa Palm, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unworn falsification to authorities. WITNESS: Dated: & - - e/) Y Teresa Palm 356497 y. O .,. y cn Ln F:\FILES1Donegal3050\Current\48013050.480.ans I Created: 9/20/04 0:06PM Revised: 7/9/07 11:36AM 3050.480 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Patricia Hunt THERESA PALM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-3821 CIVIL ACTION - LAW PATRICIA HUNT, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: THERESA PALM, Plaintiff, and her attorney, DAVID L. LUTZ, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant, Patricia Hunt, by and through her attorneys, MARTSON LAW OFFICES, and hereby avers as follows: 1-2. Admitted. 3-13. Denied pursuant to Pa. R.C.P. 1029 (e). WHEREFORE, Defendant, Patricia Hunt, demands judgment in her favor and against Plaintiff. NEW MATTER 14. Paragraphs 1 through 13 hereof are incorporated herein by reference. 15. Defendant reserves the right to add additional New Matter based upon information received from upcoming discovery in this case. 16. Plaintiff's cause of action may be barred by the statute of limitations. 17. Plaintiff's recovery, if any, maybe precluded or diminished pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. Ar WHEREFORE, Defendant, Patricia Hunt, demands judgment in her favor and against Plaintiff. MARTSON LAW OFFICES By Daniel K. Deardorff, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ?p? uw? Attorneys for Defendant i VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. a&'L-9-y 0' . i4'aL Patricia Hunt F:\FILES\Donega13050\Current\480\3050.480.ans 1 jut r 2?? MAR r' 4 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David L. Lutz, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 MARTSON LAW OFFICES Y cia D. ckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: '7//(,/07 ` n c, - ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorney for Plaintiff E-mail: dlutz@angino-rovner.com TERESA PALM, Plaintiff V. PATRICIA HUNT, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PA NO. 07-3821 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO THE DEFENDANT'S NEW MATTER 15. through 17. The Defendant's New Matter, paragraphs 15 through 17, fails to set forth factual allegations that require the Plaintiff to admit and/or deny said allegations. The factual allegations contained in the Plaintiff's Complaint are incorporated herein by reference. 360581 WHEREFORE, the Plaintiff respectfully requests that the Defendant's New j Matter be dismissed. Date:' k? _t I ANGINO & ROVNER, P.C. Dave . Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 360581 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., !, do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REPL? TO THE DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Daniel K. Deardorff, Esquire Martson, Deardorff, et al. 10 East High Street Carlisle, PA 17013 Attorney for Defendant Dated:' 4?D'I a - (-+? ary T. Geraets 360581 r?s C7 - a? rTl - r ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorney for Plaintiff E-mail: dlutz@angino-rovner.com TERESA PALM, I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. i NO. 07-3821 CIVIL TERM PATRICIA HUNT, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 To: Defendant Patricia Hunt, by and through counsel Daniel Deardorff, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on September 8, 2006, you were involved in a motor vehicle accident at approximately 12:30 p.m. on East Main Street, Silver Spring Township, New Kingston, Cumberland County, Pennsylvania? Admit Deny 360584 2. Do you admit that before the subject motor vehicle collision, you were operating a 2005 Ford traveling west on East Main Street? Admit Deny 3. Do you admit that before the subject motor vehicle collision, you turned your vehicle from the right lane of East Main Street directly into the path of a 1998 Plymouth? Admit Date: Deny ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 360584 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Daniel K. Deardorff, Esquire Martson, Deardorff, et al. 10 East High Street Carlisle, PA 17013 Attorney for Defendant Dated: I./ ') ?' 0 360584 ? N a C" :? ? . _.. "?- T F`?•> r ??_ ; i::? ? } -r ?? ? -'j ?? ?h SHERIFF'S RETURN - OUT OF COUNTY ItASE NO: 2007-03821 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALM TERESA VS HUNT PATRICIA R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT HUNT PATRICIA but was unable to locate Her deputized the sheriff of YORK to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 20th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers- Docketing 18.00 ~4:e Out of County 9.00 Surcharge 10.00 R. homas'-Kline Dep York County 66.65 Sheriff of Cumberland County Postage 1.55 105.20 ? T/&I/n7 07/20/2007 ANGINO & ROVNER Sworn and subscribe to before me this day of A. D. ¦ a COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE: CALL (717) 771-9601 SHERIFF SERVICE WSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY UNE 1 TFRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFFS/ 2 COURT NUMBER Teresa Palm 7-3821 rivi1 3. DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT N O T I C E & Patricia Hunt Notice and Complaint C I C A SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLO Patricia Hunt 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY. BORO. TWP, STATE AND ZIP CODE) AV R Wry-rlPri Rim i)r-ivf? Dillsbura. PA 17019 7. INDICATE SERVICE: O PERSONAL u PERSON IN CHARGE DEPUTIZE -1 CERT MAIL ? 1 ST CLASS MAIL U POSTED U OTHER NOW June 2 , 20 I, SHERIFF OF "TMTY, PA, do ereby deputize th sheriff of York COUNTY to execute thi t e return t cording to law. This deputization being made at the request and risk of the plaintiff. • SHERIFF OF LINTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC6.T OF COUNTY IIJJ ILJJ CtanbPxland ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cmberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURO A V I D L . L U Z , E Q . 10. TELEPHONE NUMBER 11 DATE FILED 4503 NORTH FRONT STREET, HARRISBURG, PA 17110-1708 717-238-6791 6/25/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW' (Tnrs area must be compietea n nouce is to oe manea) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF TEE SHERIFF - DO NOT WRITE BELOW TM LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or eomplaintas indicatedabove. MJ MCGILL YCSO 6/28/20Q7 7/25/2007 16. HOW SERVED: PERSONAL RESIDENCE POSTED ( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 1t ItblylE A O TITLE OF INDIVIDftSER D /LIST ADD ESS H IF NOT SHOWN ABO ReWbapspip to Detend t) 19. Date o Service 20 Time of Sery -7/S 0-7 411-0 21. ATTEMPTS le Time Mies Jnt.r Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. Date Time Miles Int. Dale Time Miles Int. 22. 23. Advance Costs ? . Service Costs 25. N/F 26. Mileage $125.00 31W • (k 34. Foreign County Costs 35. Advance Costs 36 Service G 41. AFFIRMED and subscribed to bet r me this CO CS71LQ 42 d NOTARIAL SEAL 1 / NO TA Y LISA L. BOVt1MAN, NOTARY PUBLIC CITY Or YOR), YORK COUNTY MYCOMMISS:'ON EXP!RESAUG. 12, 2009 ostage 28. Sub Total 29. Pound 30 Notary 31. Surchg. U.. ot. Costs 33 Costs Due Refund Checl 61.65 oo ca- 17y 37. Notary Cert. 38 Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 44. Signature ? J & _ Dep. Sheriff f :? i 'Q , 46. Signature of York ` County Sheriff FOR:WILLIAM I F M H SE,SHERF 48. Signature of Foreign County Sheriff 7/12/07 49 DATE S0. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - tssumg ArMwity 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - SherdTs Office t Wd 8 2 0' LZ JAIN3HS 3H I -10 331AJO (}M30H 4L F: \FILES\Donega13050\Current\480\3050.480. ansregadml Created: 9/20104 0.06PM Revised: 8/14/07 2:58PM 3050.480 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Patricia Hunt TERESA PALM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-3821 CIVIL ACTION - LAW PATRICIA HUNT, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFF'S REQUEST FOR ADMISSIONS 1. Admitted. 2. Denied as stated. It is admitted that a collision occurred while Defendant was traveling in a northwest direction on East Main Street. 3. Denied as stated. It is admitted that collision occurred when I had almost completed my turn on to Locust Point Road when I was hit on the left rear panel by Plaintiff's vehicle. Respectfully Submitted, M SON LAW OFF ES ?C . By Daniel K. Deardorff, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 14, 2007 Attorneys for Defendant Patricia Hunt • VERIFICATION The foregoing Answers to Plaintiff's Request for Admissions is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Patricia Hunt F: \FILES\Donegal3050\Cucrent\480\3050.480. arwegadml 46 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answers to Plaintiff's Request for Admissions was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David L. Lutz, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 MARTSON LAW By Ami J. Thum Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 14, 2007 r? G . r? ? ? -.?, --- ??' .. ::: _? .?y? ?'? J j '?{'i? ,? f. PF AE.CiPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. -- - - -- - ---- - ----- - -------- - ----------------------- - -- - ---- - ------ - - ------------------------------------ CAPTION OF CASE (endre caption must be stated in full) (check one) ® Civil Action - Law ? Appeal from arbitration TERESA PALM, VS. PATRICIA HUNT VS. (PlaintiM (other) The trial listwill be called on May 27, 2008 and Trials commence on June 23, 2ooS (Defendant) Pretrials willbe held on June 4, 2008 (Briefs are due S days before pretrials No.2007-3821 ,Civil Term Indicate the attorney who will try case for the party who files this praecipe: Daniel K. Deardorff, Esquire/MARTSON LAW OFFICES, 10 East High St., Carlisle, PA Indicate trial counsel for other parties if known: David L. Lutz, Esquire/ANGINO & This case is ready for trial. Signed: Print Name: r8, PA Date: February 1 9 , 2008 Attorney for: Def endant !g O-VI (? cT? t-n Q, ry +i IN RE: PRE-TRIAL CONFERENCE ORDER OF COURT AND NOW, this 4th day of June, 2008, after pre-trial conference in the above referenced TERESA PALM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3821 CIVIL PATRICIA HUNT, DEFENDANT JURY TRIAL DEMANDED case, IT IS HEREBY ORDERED AND DIRECTED: 1. Trial counsel in this case shall be David L. Lutz, Esquire for the Plaintiff and Daniel K. Deardorff, Esquire, for the Defendant. 2. Counsel have indicated that the trial will take approximately 2 1/2 days. 3. Each party will be granted four peremptory challenges. 4. While Counsel were not exactly sure that whether the case would exceed the 2 day limit prescribed in Pa.R.C.P. 223.2 regarding note taking by jurors, both Counsel agreed that the decision would be left to the discretion of the trial judge. 5. Both parties have been directed to prepare an exhibit list pursuant to the example attached. Two copies of this exhibit list shall be provided to the Court prior to the commencement of trial. All visual aids used in the case shall be disclosed to the opposing party. 6. Counsel for each party is directed to file with the Court on or before the close of business on June 18, 2008, a list of the numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction it shall provide the full text of the proposed instruction to the Court. 7. On or before the close of business June 18, 2008, the parties will provide a proposed verdict slip to the Court for review. W;» 6'h : I i S- 14 '3 1ui 4& 8. Evidentiary issues: A. Impeachment by Prior Conviction: Plaintiff admitted a conviction for a bad check violation in 2004. Bad check being a crime involving fraud is a crime involving dishonesty or false statement. Accordingly, the Plaintiff may be impeached by the use of this prior conviction. B. Accident Scene Diagram: The police officer that investigated this accident prepared a diagram of his interpretation of how the accident occurred. The officer did not witness the accident. The diagram is admissible. C. The issue regarding the admissibility of a peer review conducted by Dr. Rowe of Dr. Antin's opinion is reserved to the discretion of the trial judge. D. Defense Counsel wishes to argue that Dr. Goltz's opinion that the plaintiff may "possibly" need a total knee replacement in the future is a legally insufficient medical opinion. Defense Counsel believes that the word "probably" is required in order for Dr. Goltz to state this opinion. Admissibility of Dr. Goltz's opinion is reserved for the trial judge. By the Court, M. L. Ebert, Jr. J. David L. Lutz, Esquire Attorney for Plaintiff ?/Daniel K. Deardorff, Esquire Attorney for Defendant Court Administrator - Z)PPS (0\5 ICR? bas 0.0 f Cees M? ! 4,1r1625 Lr?yl COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COLON PLEAS OF • CUMBBRLAND COUNTY, PENNSYLVANIA 95-1183 CRIMINAL • CHARGE: (1) CRIMINAL HOMICIDE - • MURDER OF THE FIRST DEGREE V. (2) CRIMINAL, ATTEMPT TO MURDER • (3) AGGRAVATED ASSAULT • (4) CRIMES COMMITTED WITH • FIREARMS (6) FIREARMS NOT TO BL CARRIED WITHOUT A LICENSE ANTYANB ROBINSON . AFFIANT: DETECTIVE RONALD EGOLF CO1 Nw$_Ar,TH IS ffii?IIBIT LIST EXHIBIT LAMER DESCRI ION 1 Pbotograpb of in'" Tara Hodge's bead to 2 Used envelope handwritinbTara Hodge 3 Photograph of the front of building at 117-119 West Louther Street 4 Exterior side view of Tara Hodges apartment 3 Photograph Rasha ass in shower 6 Close Rash"s ass ?tbh bullet casing on smoulder 7 Diagram of Tara Dodge's apartment 8 Plastic shower enclosure from Tara Badges Apartment 9 Address book of Tara Hodge 10 Date book of Tara Hodge 0i Va. ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street 14-a*risburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorney for Plaintiff E-mail: dlutz@angino-rovner.com TERESA PALM, Plaintiff V. PATRICIA HUNT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-3821 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO THE DEFENDANT'S REQUEST FOR ADMISSIONS 1. It is admitted that the records attached as Exhibits A through G of the Defendant's Request for Admissions are authentic, true, and correct. It is denied that said records are admissible. ANGINO & ROVNER, P.C. i n -0% Date: lX 384838 David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff ORIGINAL CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S RESPONSE TO THE DEFENDANT'S REQUEST FOR ADMISSIONS upon all counsel of record via postage prepaid first class United States mail addressed as follows: Daniel K. Deardorff, Esquire Martson, Deardorff, et al. 10 East High Street Carlisle, PA 17013 Attorney for Defendant Dated: ?k- fib 0? 6 M e aets 384838 rv (Yt TT ? C`: MM ?-- C 7 ,s F:\FQ.FS\ChmU\Dooega13050\Cu -cm1480\3050.480.motion in ]mnmevejt Created: 9/20/04 0:06FM Revised: 6/18/08 10:08AM 3050.480 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Patricia Hunt TERESA PALM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-3821 CIVIL ACTION - LAW PATRICIA HUNT, Defendant : JURY TRIAL DEMANDED DEFENDANT'S MOTION IN LIMINE REGARDING DR. GOLTZ'S TESTIMONY AS TO FUTURE SURGERY 1. Defendant is the moving party. 2. Plaintiff will present testimony of Dr. Goltz that Plaintiff in the future has "even the possibility of a knee replacement." (Deposition at p.20 attached hereto.) 3. Later in his deposition, Dr. Goltz testified that he can't predict or say one way or the other whether Plaintiff will need this surgery. (Deposition at pages 30 and 33, attached hereto.) 4. Defendant submits this is speculative and not sufficiently probable or likely to sustain Plaintiff s burden of proof. DISCUSSION The burden of proof a plaintiff must meet as to future damages is one of probability. In order for a jury to be permitted to consider the future continuation of a disability as an element of damages, a plaintiff must present competent testimony of the likelihood that the disability will persist into the future. Baccare v. Mennella, 246 Pa. Super. 53, 369 A.2d 806 (1976). Evidence must be submitted from which the jury can reasonably infer what the probable future consequences of the injury will be and award damages accordingly. Id. A medical expert is not required to predict with certainty the exact result expected, but definite evidence of the degree of probability that the impairment will persist for some period is required. Id. Baccare and prior cases succinctly state the standard for future damages as follows: "It is not what is to be feared, but what is to be reasonably expected as the probable result of an injury which is to be taken into consideration by the jury ...A mere possibility of future consequences resulting from an accident is not admissible in evidence; the object of this rule is to prevent a jury from estimating damages on the basis of mere conjecture or speculation as to what might occur in the future." Baccare v. Mennella, 246 Pa. Super. 53, 369 A.2d 806, 807, citing Lorch v. E lglin, 369 Pa. 314, 85 A.2d 841 (1952).. WHEREFORE, Defendant requests that said testimony of Dr. Goltz be stricken and not argued or presented in the trial of this case. Respectfully Submitted, MARTSON LAW OFFICES By_T,j d- Daniel K. Deard , Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: 411? 1,0?- 20 c 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 your treatment, your surgery, do you have an opinion within a 2 reasonable degree of medical certainty that Teresa Palm's 3 left knee injury and the surgery you performed was caused by 4 the September 2006 accident? 5 A I do. I believe it's a direct result of her i injury. Q Now, Doctor, a couple times you mentioned the left 3 knee and -- and the arthritis. What future treatment may i Teresa Palm look at in the future? A I explained to her that any and all conservative modalities that are available, which right now are pills and shots such as the viscosupplementation, perhaps re-arthroscopic surgery if she should develop loose bodies in there and even the possibility of a knee replacement. Q Now, what is that? A A knee replacement is where the ends of the bones, both of the femur and the tibia, are replaced with metal and plastic in severe arthritic cases. Q Would the metal and plastic be in there for the rest of her life? A Yes. Q And -- and would there be only one knee replacement, or could there be more, or don't we know? A Well, the way the technology is right now, knee replacements last somewhere between 10 and 25 years, 30 f c 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 complaints previously had been the waxing and waning. So I 2 took what she said at that time to be that she had had less 3 flare-ups. 4 Q So she was doing probably the best that she had i been doing at that point? 5 A Of all the time I had seen her, yes. 7 Q And that's a good sign. Correct? I A Yes. i Q You talked about surgery she might need. That -- and I think you said there was a possibility of a knee replacement. That would be somewhat conjectural depending on how she -- she does. Correct? A No, I don't believe so. At 34 years old, she does not have the ability to regenerate articular cartilage. That's a known scientific fact. And starting with that much loss of articular cartilage on the main weight-bearing portion of her knee, she will definitely wear that out sooner than her right knee. As I've said to her on several occasions, Teresa, this will be your bad knee, and she said that to me. Q But whether she actually has surgery or not, you -- you can't predict that one way or the other? A No, I cannot. Q And the last time you saw her, she was doing fairly well? '414 1 1 l: 1E 17 18 19 20 21 22 23 24 25 1 that this was a torn meniscus could very easily be found to 2 be this. 3 Q Okay. And then lastly, Doctor, Attorney Deardorff 4 asked you questions about the knee replacement surgery. Can 5 you compare that with the arthroscopic surgery that you said 6 was 20 minutes? How long would the knee replacement surgery 7 be? 8 A Two hours. 9 Q And is it more complicated than the arthroscopic procedure? L A Yes. It's an inpatient procedure requiring a '. three to four day of hospital stay and a long period of rehab and long-standing restrictions. Q Does that involve both the femur and the tibia? A It does. Q And what's -- and how so? A The ends of the bone are cut away and replaced with metal and plastic. MR. LUTZ: Okay. Thank you, Doctor. EXAMINATION BY MR. DEARDORFF: Q Once again, Doctor, though, you can't say whether she'll need that surgery or not. Correct? A That's correct. MR. DEARDORFF: Thanks. That's all. CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Motion in Limine was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David L. Lutz, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 MARTSON LAW OFFICES By Ami J. Th a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: U 1' ,140 g r t7 a C c C r f ' `= OD ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorney for Plaintiff E-mail: dlutz@angino-rovner.com TERESA PALM, Plaintiff V. PATRICIA HUNT, Defendant To the Prothonotary of Cumberland County: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-3821 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. '? I t Davi . Lutz I.D. No. 35956 Date: -?; ?- j . 0 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 358818 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Daniel K. Deardorff, Esquire Martson, Deardorff, et al. 10 East High Street Carlisle, PA 17013 Attorney for Defendant Dated: -] ` D 'Q % Mary T. G raets 359818 r-? h? • ''?